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Agenda Packet 11.21.2017
T. ®lI COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, November 21, 2017 9:00 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 1, Chairman CHRIS DZADOVSKY District No. 2, Vice -Chairman TOD MOWERY District No. 3 LINDA BARTZ District No. 4 FRANNIE HUTCHINSON District No. 5 CATHY TOWNSEND Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Generated 111201201710:09 AM Regular Meeting Tuesday, November 21, 2017 9:00 AM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chair will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three minutes. Comments may pertain to any matter related to the Board's duties as the County's governing body. General comments in support or opposition to candidates for public office are not pertinent to the Board's duties. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least 48 hours prior to the meeting. 2 1 P a g e Regular Meeting Tuesday, November 21, 2017 9:00 AM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, November 07, 2017 5. PROCLAMATIONS APPROVAL There are no items scheduled. 6. PUBLIC COMMENT (excluding Public Hearing items) 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 5 & 6 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. Hosted Application Service and License Agreement between the Substance Awareness Center of Indian River County and St. Lucie County. Staff recommends that the Board approve the Hosted Application Service and License Agreement between the Substance Awareness Center of Indian River County and St. Lucie County, approve Budget Resolution and authorize the Chairman to sign the agreement. 3 1 P a g e Regular Meeting Tuesday, November 21, 2017 9:00 AM 2. All Aboard Florida - Payment of Legal Defense Invoice through All Aboard Legal Defense Fund Staff recommends that the Board authorize payment of the attached invoice from the special fund the Board created pertaining to All Aboard Florida (AAF). 3. S2 Yachts, Inc., d/b/a Pursuit Boats - Job Growth Incentive Grant (JGIG ) Agreement Add - Staff recommends the Board approve the proposed Job Growth Incentive Grant Agreement with S2 Yachts, Inc., d/b/a Pursuit Boats, and authorize the Chairman to sign the agreement. 4. Permission to Advertise - Floodplain Model Ordinance - Repeal & Replace Ordinance No. 11-031 Add -On Staff requests permission to advertise a proposed ordinance for public hearing before the Local Planning Agency and two (2) hearings before the Board. 5. Resolution - Approving Facilities Use Agreement with WIRA Christmas Kids, Inc. Add -On Staff recommends the Board adopt the proposed resolution approving the Facilities Use Agreement with WIRA Christmas Kids of St. Lucie County, Inc., and authorize the Chairman to sign the resolution and the Facilities Use Agreement. D. COMMUNITY SERVICES There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. FACILITIES There are no items scheduled. There are no items scheduled. I. INFORMATION TECHNOLOGY There are no items scheduled. 4 1 P a g e Regular Meeting Tuesday, November 21, 2017 9:00 AM There are no items scheduled. K. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. L. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. M. PARKS & RECREATION 1. Award of Bid No. 18-005 Pepper Park Riverside Park "aka" Wildcat Cove Parking Lot Improvements Staff recommends Board approval to award Bid No. 18-005, Resurfacing of the asphalt parking lot and driveway area at Wildcat Cove to Ranger Construction of Fort Pierce, FL in the amount of $88,498.75 and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Fairgrounds Electric Panel Upgrades Phases II & III Bid Award Add -On Staff recommends Board approval to award Bid No. 17-048, Upgrade of Electrical Panels at the St. Lucie County Fairgrounds, in the amount of $106,126.00 to Davco Electrical of Boynton Beach, FL and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Incorrect Placement Amended N. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. There are no items scheduled. P. PUBLIC WORKS 1. North 2nd Street Change Order No. 31 with Mancil's Tractor Service, Inc. Staff recommends Board approval of Change Order No. 31 with Mancil's Tractor Service, Inc. in the amount of $30,807.92 to be paid by St. Lucie County and the Florida Department of Transportation, and authorization for the Chairman to execute the change orders as approved by the County Attorney. 2. Resolution - Fisherman's Wharf - JPA Bulkhead Dredging Construction Staff recommends Board acceptance of funds through Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #440703-1-94-02 in the 5 1 P a g e Regular Meeting Tuesday, November 21, 2017 9:00 AM amount of $255,000.00 for Fisherman's Wharf Bulkhead and Dredging Construction Phase, and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Midway Road Widening (Selvitz Road to S. 25th Street) - Ardaman & Associates Fourth Amendment to Work Authorization No. 29 Staff recommends Board approval of the Fourth Amendment to Work Authorization No. 29 to the contract with Ardaman & Associates, Inc. in the amount of $685.65, for an overall total project of $506,640.65, for Midway Road Widening (Selvitz Road to 25th Street). Q. SHERIFF'S OFFICE There are no items scheduled. There are no items scheduled. S. SUPERVISOR OF ELECTIONS There are no items scheduled. There are no items scheduled. U. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS There are no items scheduled. 10. REGULAR AGENDA There are no items scheduled. 11. ANNOUNCEMENTS A. County offices will be closed on Thursday, November 23, 2017 and Friday, November 24, 2017 in observance of Thanksgiving. 6 1 P a g e Regular Meeting Tuesday, November 21, 2017 9:00 AM B. There will be a Special Joint meeting between St. Lucie County and the City of Port St. Lucie to discuss and plan matters of mutual interest, on Wednesday, November 29, 2017 at 2:30 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, December 5, 2017 at 6 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners monthly Informal meeting on Tuesday, December 12, 2017 has been CANCELLED. Amended E. The Board of County Commissioners will hold a Regular meeting on Tuesday, December 19, 2017 at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN 7 1 P a g e 4.A S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting November 7, 2017 Convened: 6:00 PM Adjourned: 6:31 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 1, Chairman Chris Dzadovsky Attendee Name Chris Dzadovsky District No. 1, Chairman District No. 2, Vice -Chairman District No. 3 Arrived 6:00 PM Present Tod Mowery Present 6:00 PM Linda Bartz Present 6:00 PM Frannie Hutchinson District No. 4 Present 6:00 PM Cathy Townsend District No. 5 Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Alice Sennott Record Clerk Present 6:00 PM 2. 3. INVOCATION The County Administrator led the invocation. PLEDGE OF ALLEGIANCE Cn W Z 2 W O J O W a. a. a Generated 11191201711:35 AM Packet Pg. 8 Regular Meeting Tuesday, November 7, 2017 6:00 PM 4.A 4. HOUSEKEEPING ITEMS Chairman Dzadovsky noted the following changes to the meeting agenda: • Agenda Item number 10.A.2 (Agreement to Pay for Construction of Berm and Buffer Wall) was pulled from the agenda and will be rescheduled for the meeting on December 5, 2017 • Agenda Item number 9.C.2 (Hillibilly Lot Rezoning) was pulled from the agenda and will be rescheduled at a later date. S. APPROVAL OF MINUTES Commissioner Mowery moved to approve all meeting minutes in one vote. Commissioner Bartz seconded the motion and it carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend A. Board of County Commissioners minutes for the meeting of Thursday, September 07, 2017 B. Board of County Commissioners minutes for the meeting of Tuesday, September 19, 2017 C. Board of County Commissioners minutes for the meeting of Tuesday, September 26, 2017 D. Board of County Commissioners minutes for the meeting of Tuesday, October 17, 2017 6. PROCLAMATIONS APPROVAL A. Resolution - Proclaiming the month of November 2017 as "Alzheimer's Disease Awareness Month" in St. Lucie County, Florida. The deputy clerk read the proclamation into the record. A motion was made to approve the proclamation and it carried unanimously. Chairman Dzadovsky presented the proclamation to Tony Cavallaro, St. Lucie County Advisory Council Alzheimer's Community Care, and Amy Bromhead, Development Coordinator, Alzaheimer's Community Care, and Bobby Greenhut, who thanked the Board for the proclamation and accepted it with gratitude. Mr. Cavallaro presented brief comments about his organization and about Alzheimer's patients and their families. in w z 2 U_ O J Q O W a a Q 2 1 P a g e Packet Pg. 9 4.A Regular Meeting Tuesday, November 7, 2017 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 7. PUBLIC COMMENT (excluding Public Hearing items) Sue Johnson and Debbie Mclawn, St. Lucie County residents, expressed their concern about the increase of in indecent exposure on the beaches and asked the Board to explain their position on this problem. Chairman Lu Dzadovsky invited the residents to make an appointment to discuss the issue. The County Attorney explained Z that public nudity is a matter of state law and law enforcement and the County government do not have the 2 authority to enforce those laws. Commissioner Mowery added that the Board does not have a role in telling the U- Sheriff (a constitutional officer) what to do. a O W a 8. PRESENTATIONS a There are no items scheduled. 9. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend A. WARRANTS 1. Warrant Lists 54 - 55 & 2 - 4 B. ADMINISTRATION 1. Construction of Crossfield Taxiway G Change Order 3 2. Removal of 2005 Slope Mower from Fixed Assets 3. Webcam Interlocal Agreement with Indian River State College 3 1 P a g e Packet Pg. 10 Regular Meeting Tuesday, November 7, 2017 6:00 PM 4.A C. COUNTY ATTORNEY 1. Resolution - Award of the 2017/18 Alcohol and Other Drug Abuse Treatment Fund Grant to the St. Lucie County Drug Screening Lab 2. Grant Agreement - FCT Project Number 16-012-UA 17 - Myers Stickel Property - Parcel ID 3416-131-0001-000-6, 3416-134-0001-000-5 and 3416-134-0002-010-5 3. Revocable License Agreement - Florida City Gas - River Park Unit Five - 145 NE Prima Vista Boulevard - Parcel ID 3419-540-0027-000-9 4. Revocable License Agreement - Islamorada Brewing Company - 3200-3266 St. Lucie Boulevard z z 2 5. Resolution - Right -of -Way Donation - 10' on Glades Cut Off Road and Road Impact Fee 0 Credit Agreement - Florida Power and Light a 6. Bike Share Program - Interlocal Agreement with City of Fort Pierce a a 7. Resolution - Adopting Excessive Force Policy a 8. Resolution - Budget Resolution - Accepting funds in the form of Insurance Recovery from Employers Mutual, Inc. in the amount of $637.50 for reimbursement of defense costs in an Inverse Condemnation Lawsuit 9. Declarations of the St. Lucie County Public Safety Director Declaring a State of Local Emergency for Hurricane Irma 10. Request for Qualifications (RFQ) No. 17-053, Construction Manager at Risk for the Development, Renovation & Construction of the St. Lucie County Sports Complex 11. Third Amendment to Lease from Peacock University, LLC for Guardian Ad Litem Program C06-12-754 D. COMMUNITY SERVICES 1. FY18 Federal Transit Administration (FTA) 5311 Grant Acceptance 2. FY18 Florida Department of Transportation (FDOT) Block Grant Budget Resolution 3. Amendment to the State Housing Initiative Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) 4. St. Lucie County Affordable Housing Advisory Committee (AHAC) - 2017 Incentives Review and Recommendation Report 5. Community Development Block Grant (CDBG) FY16 Small Cities Program 4 1 P a g e Packet Pg. 11 4.A Regular Meeting Tuesday, November 7, 2017 6:00 PM E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES 1. Position Upgrade Request - Environmental Program Specialist 2. Resolution - Indrio Savannahs Preserve Gopher Tortoise Relocation Recipient Site Permit 3. Fee Waiver - Archery Academy in 4. RES-2017-262 - Petravice Preserve Land and Water Conservation Fund (LWCF) Grant w M Award Agreement Z 2 U_ 0 G. FACILITIES J a 1. Award of Bid No. 17-055 - Elevator Repair and Maintenance Contract 0 o: a H. HUMAN RESOURCES a a There are no items scheduled. a 0 0 I. INFORMATION TECHNOLOGY ,D 0 N 1. Govmax Contract thru Sarasota County ti 0 J. LIBRARY SERVICES Z 4- 0 There are no items scheduled. c K. MOSQUITO CONTROL & COASTAL MGMT. SERVICES ai There are no items scheduled. a a a� L. OFFICE OF MANAGEMENT & BUDGET Q 1. Dori Slosberg Mini -Grant Awards c M. PARKS & RECREATION 1. Resolution - North Causeway Boat Ramp - FDOT N. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. O. PUBLIC SAFETY There are no items scheduled. 5 1 P a g e Packet Pg. 12 Regular Meeting Tuesday, November 7, 2017 6:00 PM 4.A P. PUBLIC WORKS 1. Farmers Market Road at 7th Street Ditch Cured -in -Place Pipe Liner - Acceptance of Project 2. Resolution - West Midway Road Glades Cutoff to Selvitz Road - Project Support Q. SHERIFF'S OFFICE There are no items scheduled. R. SOLID WASTE LU There are no items scheduled. Z 2 U- 0 S. SUPERVISOR OF ELECTIONS J Q There are no items scheduled. 0 W a T. TRANSPORTATION PLANNING ORGANIZATION a g 1. Federal Transit Administration (FTA) Notification of Funding for FY 17/18 U. UTILITIES There are no items scheduled. 10. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance - Authorizing the Negotiation of the Acquisition of Certain Port Properties The County Attorney presented this item, which is an ordinance drafted by the County's bond counsel that, if adopted, would authorize the acquisition of certain interests in real property owned by King Maritime Group, LLC. The purpose of the Ordinance is also to make certain "Legislative Findings" in order to make it clear that the County does not intend to become a joint owner with Destin Beach, Inc. in violation of the Florida Constitution. A Notice of Intent to adopt the proposed ordinance was published in the Tribune on October 18, 2017. Staff recommended that the Board adopt the proposed ordinance and authorize the Chairman to sign the ordinance. Chairman Dzadovsky opened the hearing for public comment at this time. There being no one wishing to appear before the Board, Chairman Dzadovsky closed the public hearing. The Board did not have any questions or comments on this item. A motion was made to adopt the resolution and it carried unanimously. 6 1 P a g e Packet Pg. 13 Regular Meeting Tuesday, November 7, 2017 6:00 PM 4.A RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 2. Ordinance - Amending Chapter 10 Buildings and Building Regulations Article 11 Construction Industry, Section 10-63 "Reciprocity" Assistant County Attorney Catherine Barbieri described this proposed ordinance. She stated that section 125.01, Florida Statutes, authorizes the Board of County Commissioners to establish programs providing for the health, safety and general welfare of the residents of St. Lucie County. Chapter 10 (Building and Building Regulations) of the St. Lucie County Code of Ordinances and Compiled Law provides for the regulation and control of the construction and home improvement industries. Section 10-63 provides in lieu of meeting the requirements for obtaining a certificate of competency a letter of reciprocity may be submitted to the planning and services development director. Under the current Code, a contractor who allowed his certificate or competency expire did not ever have to retake a required examination which he had previously taken and obtained a passing score if he/she had a letter of reciprocity. The Florida Building Code is usually updated every three (3) years. Under the proposed ordinance, if a contractor has not been active in the field for over five (5) years, they should have to retake the previous examination to demonstrate continued competency in the field. She indicated that on September 20, 2017, the Contractor Licensing Board (CLB) unanimously voted to pass the ordinance onto the Board of County Commissioners with a recommendation that the Board approve the ordinance and on October 17, 2017, the Board of County Commissioners authorized the publication of advertisement for a public hearing before the Board of County Commissioners. Staff recommended the Board approve the proposed draft ordinance. Commissioner Hutchinson asked how contractors would be notified of this change. The Assistant County Attorney indicated that Contractor Licensing would be handling that. Chairman Dzadovsky opened the hearing for public comment at this time. There being no one wishing to appear before the Board, Chairman Dzadovsky closed the public hearing. The Board did not have any further questions or comments on this item. A motion was made to adopt the resolution and it carried unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend B. OFFICE OF MANAGEMENT & BUDGET 1. Resolution - FY 2016-2017 Budget Amendment Jennifer Hill, Interim Office of Management and Budget Director, presented this item, a resolution amending the 2016-2017 budget. Before the fiscal year 2017 books are closed, the budget needs to be amended to cover insufficient accounts. This resolution establishes the fiscal year 2017 budget for unanticipated revenue totaling $16,751,225 and moves money between in w z 2 U_ O J Q O W a a Q 7 1 P a g e Packet Pg. 14 Regular Meeting Tuesday, November 7, 2017 6:00 PM 4.A accounts. The majority of the resolution is related to the transfer of assets from the South Hutchinson Island wastewater system. She indicated that this public hearing was advertised on Saturday, November 4, 2017. The FY 2016-2017 budget that was adopted on September 22, 2016 was $503,005,127. Since then, there have been several amendments to the budget bringing the amended budget to $609,470,438. This resolution would increase the amended budget by $16,751,225 to $626,221,663. Staff recommended Board approval of budget resolution amending the fiscal year 2016-2017 budget. Chairman Dzadovsky asked the Interim Office of Management and Budget Director to ascertain that the budget amendment follows Generally Accepted Accounting Principles (GAAP), and she responded that it did. in w Chairman Dzadovsky opened the hearing for public comment at this time. There being no one wishing to appear before the Board, Chairman Dzadovsky closed the public hearing. z 2 U- Commissioner Mowery commented that the budget amendments that were made during the O year were a reflection that the County was following accounting best practices in amending the a budget as needed instead of waiting until the end of the fiscal year. The Board did not have any further questions or comments on this item. A motion was made to adopt the resolution and it a carried unanimously. a - a RESULT: APPROVED [UNANIMOUS] MOVER: Linda Bartz, District No. 3 SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend C. PLANNING & DEVELOPMENT SERVICES 1. A-1 Nursery Rezoning from IX (Industrial, Extraction) to AG-5 (Agricultural-5) Zoning District This item was presented by Linda Pendarvis, St. Lucie County Planner. She explained that this item concerns a petition for a request for a change in zoning from IX (Industrial, Extraction) to AG-5 (Agricultural-1du/5ac) to allow the applicants to develop their property with a single family home and to continue the agricultural nursery operations of a tree farm consistent with the AG- 5 Zoning District. The subject property is surrounded by AG-5 (Agricultural-5) Zoning District and AG-5 (Agricultural-5) Future Land Use. The existing uses surrounding the property are large five acres plus parcels with single family homes and agricultural operations. She noted that Staff has determined that the proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code. Staff recommended approval of the requested change in Zoning from the IX (Industrial, Extraction) Zoning District to the AG-5 (Agricultural-1du/5ac) Zoning District. 8 1 P a g e Packet Pg. 15 Regular Meeting Tuesday, November 7, 2017 6:00 PM 4.A Chairman Dzadovsky noted that this item was quasi-judicial and asked for Commissioners' disclosures: • Chairman Dzadovsky spoke only with staff • Commissioners Bartz spoke only with staff • Commissioner Townsend noted that she knows the applicant personally • Commissioner Hutchinson spoke only with staff • Commissioner Mowery spoke only with staff. Chairman Dzadovsky opened the hearing for public comment at this time. There being no one wishing to appear before the Board, Chairman Dzadovsky closed the public hearing. The Board did not have any questions or comments on this item. A motion was made to adopt the resolution and it carried unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 2. Hillbilly Lot Rezoning This item was withdrawn from the agenda prior to the meeting and will be addressed at a later date. RESULT: WITHDRAWN 11. REGULAR AGENDA A. COUNTY ATTORNEY 1. Resolution - Taxable Non -Ad Valorem Revenue Bonds, Series 2017A Bond Resolution This item was presented by the County Attorney. He explained that the County is in the process of determining whether to purchase certain properties located at the Port of Fort Pierce. If the Board determines to purchase the port properties, the County will need to issue bonds to fund the purchase. If adopted, the resolution would authorize the issuance of up to $26,000,000.00 in taxable non -ad valorem revenue bonds. As recommended by the County's financial advisor (Jay Glover, Managing Director - Public Financial Management, Inc.) in a memorandum dated October 11, 2017, the resolution provides that Citigroup would serve as the senior underwriter with Wells Fargo Securities serving as co -manager. The resolution further provides that U.S. Bank National Association, Jacksonville, Florida is designated Registrar and Paying agent for the bonds. The bonds, if issued, would be secure by a covenant of the Board to budget and appropriate non -ad valorem revenues. The resolution provides that the Board is not pledging the full faith and credit of the County so that no bond holder has the right to compel the County to levy any taxes. The resolution, if adopted, would also approve the form of a bond purchase contract and official statement. It is understood that if the Board adopts the bond resolution, no bonds would be issued unless the Board approves the purchase of the port properties after completion of the due diligence. Staff recommended that the Board approve the bond in w z 2 U_ O J Q O W a a- g 9 1 P a g e Packet Pg. 16 Regular Meeting Tuesday, November 7, 2017 6:00 PM 4.A resolution and authorize the Chairman to sign the resolution as reviewed and approved by the County Attorney and the County's Bond Counsel. Commissioner Hutchinson restated for clarity that this item is not representative of an approval for purchasing the property at this time and that the due diligence phase is still in progress, and that the public would have an opportunity to comment before the Board makes a final purchase decision. The County Attorney agreed that was true and that everything in the process would be transparent: they will be disclosing the appraisals, the title work, survey, environmental audit, etc. The Board did not have any further questions or comments on this item. A motion was made to adopt the resolution and it carried unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2, Vice -Chairman AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 2. Agreement to Pay for Construction of a Berm and Buffer Wall (Ardie R. Copas Veterans' Nursing Home) Prior to the meeting, this item was rescheduled to the December 5, 2017 meeting. 12. ANNOUNCEMENTS A. County offices will be closed on Friday, November 10, 2017 in observance of Veterans' Day B. The Board of County Commissioners will hold a monthly Informal meeting on Tuesday, November 14, 2017 at 9 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold their Annual Reorganization meeting, as well as, the Regular meeting on Tuesday, November 21, 2017 at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. County offices will be closed on Thursday, November 23, 2017 and Friday, November 24, 2017 in observance of Thanksgiving. E. There will be a Special Joint meeting between St. Lucie County and the City of Port St. Lucie to discuss and plan matters of mutual interest, on Wednesday, November 29, 2017 at 2:30 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 13. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. in w z 2 U_ O J a O W a a a 10 1 P a g e Packet Pg. 17 11/03/17 FZABWARR FUND TITLE 001 001457 001466 001467 001512 001560 001575 001576 001580 001585 001586 001587 001588 101 101001 101002 101003 101004 102 102001 102116 102301 107 107001 107002 107003 107006 111 112 120 122 126 130 130121 130123 139 140 140001 140382 160 183 183004 183006 184001 185017 189111 189113 190 ST. LUCIE COUNTY - BOARD WARRANT LIST #5.- 28-OCT-2017 TO 03-NOV-2017 FUND SUMMARY General Fund FCTD Planning Grant Residential Construction Mitigation FCTD Planning Grant FY17/18 Neighborhood Stabilization Program Section 112/MPO/FHWA/Planning Metropolitan Planning / Sec 5305d Support Services for Veterans Section 112/MPO/FHWA Plan FY16/17 CSBG 2017 Continuum of Care Family Continuum of Care Chronic Continuum of Care Family Veterans Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU IRL-Paradise Park Phase5-System4 FDEP-Paradise Pk Ph5 Sy4 Retro Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting SLC Public Transit MSTU FTA 5307 FY 2014 FTA 5307 2015 Transit System Palm Grove Fund Airport Fund Port Fund FDOT Design & Construct Runway Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund Artificial Reef Program FHFA SHIP 2016/2017 Home Consortium FY 2015 Home Consortium 2016 Sports Complex Fund EXPENSES 1,089,312.77 0.00 0.00 0.00 0.00 0.00 0.00 0.00 816.42 45.00 0.00 0.00 124.78 41,347.39 0.00 1,892.08 21.49 7,999.21 92,591.53 34,618.23 65.70 0.00 40,841.00 12,300.61 0.00 3,377.44 626.00 3,544.91 813.20 246.70 1,153.52 170.00 9,310.72 0.00 0.00 1,055.42 0.00 0.00 147,806.14 4,656.82 3,440.42 0.00 33,812.54 0.00 0.00 0.00 0.00 85.00 PAGE PAYROLL 592,236.75 106.03 629.30 514.52 1,985.98 56.62 6,787.28 1,487.20 11,897.73 2,698.40 282.95 456.70 413.23 128,715.01 1,480.01 0.00 0.00 0.00 65,047.69 17,554.70 0.00 5,667.07 175,624.88 3,048.84 1,134.83 0.00 10,744.06 0.00 0.00 0.00 0.00 0.00 2,855.26 4,155.20 1,711.20 0.00 14,652.46 3,573.60 0.00 3,552.64 5,022.41 3,202.15 0.00 1,938.40 1,101.41 336.12 1,345.59 22,293.56 U) H Z a Packet Pg. 18 8.A.1 11/03/17 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #5.- 28-OCT-2017 TO 03-NOV-2017 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 191 SLC Sustainability.District 54,194.45 0.00 310001 Impact Fees -Library 22,953.61 0.00 310006 Impact Fees -Transportation 132,760.12 0.00 316 County Capital 140,000.00 0.00 316001 5th Cent Fuel -Capital 7,462.50 0.00 316106 DOC Sunshine Kitchen Incubator 29,834.82 0.00 318 County Capital -Transportation Bond 16,802.00 0.00 401 Sanitary Landfill Fund 28,139.36 91,169.98 418 Golf Course Fund 7,298.34 20,576.57 451 S. Hutchinson Utilities Fund 9,434.66 0.00 471 Water & Sewer District Operations 32,339.07 16,229.14 491 Building Code Fund 207.31 44,336.78 505 Health Insurance Fund 66,473.61 0.00 505001 Risk Management Fund 28,048.68 3,814.93 505002 Health Insurance Administration 0.00 3,866.17 611 Tourist Development Trust-Adv Fund 11.00 5,598.29 801 Bank Fund 53,315.70 0.00 GRAND TOTAL: 2,161,350.27 1,279,901.64 Packet Pg. 19 11/09/17 FZABWARR FUND TITLE 001 001512 001580 001585 101 101004 102 102001 102116 102301 104003 107 107006 107195 115 118 121 140 140001 160 181 183 183001 183004 183006 185017 189203 190 310001 310002 401 418 471 491 505 505001 611 625 ST. LUCIE COUNTY - BOARD WARRANT LIST #6.- 04-NOV-2017 TO 09-NOV-2017 FUND SUMMARY General Fund Neighborhood Stabilization Program Section 112/MPO/FHWA Plan FY16/17 CSBG 2017 Transportation Trust Fund Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU IRL-Paradise Park Phase5-System4 FDEP-Paradise Pk Ph5 Sy4 Retro Hurricane Frances Donations Fine & Forfeiture Fund F&F Fund -Court Related Technology Law Enforcement Technology Project Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund Airport Fund Port Fund Plan Maintenance RAD Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2016/2017 Hardest Hit fund Advisor Services Sports Complex Fund Impact Fees -Library Impact Fees -Parks Sanitary Landfill Fund Golf Course Fund Water & Sewer District Operations Building Code Fund Health Insurance Fund Risk Management Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 767,877.52 6.30 8,354.48 3,053.40 76,947.84 36,823.75 2,478.24 800.00 43.28 5,835.75 450.97 176,693.40 65,213.55 35,054.00 629.36 876.60 88.59 270.40 224.16 371.59 500.00 3,490.06 360.00 548.24 882.93 36,367.00 9.99 38,729.48 865.00 48,000.00 92,062.45 33,418.86 217,469.42 100.00 193.43 95.00 1,365.57 1,565.04 1,658,115.65 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 0.00 0.00 U) H Z a Packet Pg. 20 8.C.1 ITEM NO. RES-2017-263 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Roy Hudson, Criminal Justice Coordinator Criminal Justice Division DATE: 11/21/2017 *CONSENT AGENDA\COUNTY ATTORNEY Hosted Application Service and License Agreement between the Substance Awareness Center of Indian River County and St. Lucie County. The Substance Awareness Center of Indian River County is the sole provider of Drug Lab services for the courts in Indian River County. As such they are already tied into the Drug Court Data Base which is part of the Judicial Data System for 19th Judicial Circuit which will be referred to as JDS19. Once they observed the other capabilities of JDS19 at our Drug Lab they approached us requesting access to the same system. This is a Three year Agreement with payment due on an annual basis for use of our JDS19 system. The Criminal Justice Division's SR. CJIS Analyst evaluated the request and deemed it appropriate. PREVIOUS ACTION: N/A FINANCIAL IMPACT: The SAC of Indian River County will pay St. Lucie County Five Thousand dollars ($5000) annually for the use of St. Lucie County's , Criminal Justice Divisions JDS19 program for their Drug Lab operation. These funds will be deposited into account number 001-2360-369917-200. RECOMMENDATION: Staff recommends that the Board approve the Hosted Application Service and License Agreement between the Substance Awareness Center of Indian River County and St. Lucie County, approve Budget Resolution and authorize the Chairman to sign the agreement. COMMISSION ACTION: Packet Pg. 21 8.C.1 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 11/13/2017 Updated: 11/13/2017 2:57 PM by Katrina Slay Page 2 Packet Pg. 22 8.C.1.a ST. LUCIE COUNTY HOSTED APPLICATION SERVICE and LICENSE AGREEMENT THIS HOSTED APPLICATION SERVICE and LICENSE AGREEMENT made and entered into this day of 2017, by and between St. Lucie County hereafter referred to as "LICENSOR", and Substance Awareness Center of Indian River County, hereinafter referred to as "LICENSEE". WITNESSETH: WHEREAS, Licensor wishes to grant to Licensee a non-exclusive and non -transferable license and a hosted application service and Agreement, hereinafter referred to as "Agreement" to use Judicial DATA SYSTEM FOR 19TH JUDICIAL CIRCUIT, hereinafter referred to as JDS19. NOW, THEREFORE, in consideration of the covenants, representations and warranties set forth herein and other good valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties, by their authorized signatures below, hereby agree as follows: I. SCOPE This Agreement applies to version (1.0) of JDS19 and updates as defined below. II. DEFINITIONS The term "Software Enhancement" shall mean additional software functionality or software modules which are optional and which may be purchased by Licensee at an additional fee to be set by Licensor. III. ACCESS Licensor agrees to provide access to JDS19 to Licensee and such access shall be deemed to have occurred when connection is made by Licensee by electronic connection via the Internet. Licensee shall be responsible for establishing and maintaining an Internet connection. Licensor shall not be responsible for connection failures, degraded service speed or outages as they relate to Licensee's Internet Service Provider or internet connection. IV. PROJECT DELIVERABLES 1. Licensor will provide the use of the following equipment, software and services: Coordinate the initial setup process to configure JDS19 to meet Licensee's individual requirements in the areas of THE DRUG LAB OPERATION. The specific hosting services and deliverables to be provided by the Licensor are itemized as follows: Packet Pg. 23 8.C.1.a PROJECT DELIVERABLES Deliverables Notes Create Image of SLC Drug Lab system. Create IR Lab System within the JDS19 cloud from that image. - Align agency codes with IR Wintox system. - DC Payment Policies - Populate lab system from WINTOX Create database instance for IR and customize data tables / batch operations Level Analysis Financial Reports Chart of Accounts; Cash Flow & Daily Intake Inventory Control Reagent reorder control; Requires access to all test results from Wintox. (?); Usage Analysis; Correlate tc financial system. Invoicing Accounts Receivable /Billing/ Prepay Invoicing Statistical Reports Performance Analysis; Operational Profile — examinE current reporting requirements No Show Procedures Sync w/hotline calendar Staff Training Payment Processing d m U _ 0 W ca Q a Q as 0 x M to N 0 N Cn W c 0 0 U as c 0 'a E 4- 0 U Q Cn c 0 c 0 0 U .v 0 J r.+ Cn C d 3 a� c m E m as L Q CD T Cn i r U c d E t v Q Packet Pg. 24 8.C.1.a 2. Provide Hardware platform, operating system, system application and database maintenance 3. Perform maintenance and operations control on JDS19. 4. Store data and conduct daily backups of database. 5. Provide security of JDS19 and data. 6. Provide training intended for Licensee's system administration -level users. 7. Provide desk help support to Licensee's Representative or designee. V. GRANT OF LICENSE Licensor grants, and Licensee accepts, a non-exclusive, non -transferable license ("the License") to JDS19 in accordance with the provisions of this Agreement. Licensee shall provide adequate security and use and provide access to JDS19 only as permitted by this Agreement. JDS19 (including but not limited to the source code and all intellectual property that is created, modified, or reduced to a tangible medium of expression during any services provided or any activities conducted by Licensor pursuant to this Agreement) shall at all times remain the property of Licensor. VI. SOLE USE; NO ASSIGMENT OR TRANSFER Licensee recognizes that JDS19 is only for Licensor's use and may not be assigned or transferred to any other person or entity. VII. DATA OWNERSHIP Licensee is the sole owner of its data and as such will be provided with access to all databases as requested. Licensor recognizes that such data may contain material exempt from disclosure under State of Florida public records laws and will turn over to Licensee for response any request from a third party for access to or copies of the data. Packet Pg. 25 8.C.1.a VIII. TERM The term of this Agreement shall commence on December 1, 2017 and shall continue for three (3) years thereafter, or until such earlier date on which this Agreement is terminated as provided herein. Provided the Licensee is not in default under the terms of this Agreement, the Agreement may be renewed upon consent of both parties. The terms and conditions during any renewal periods shall be modified through the execution of a written Amendment to this Agreement, signed by the duly authorized representatives of both parties. IX. ANNUAL LICENSE FEES The initial annual fee of Five Thousand and 0/100 ($5000.00), for this Agreement shall be due upon December 1 of each year thereafter during the term of the Agreement and any renewals. X. TERMINATION A. If the Licensee is in material breach or default, including non-payment of any Fees, which is not cured within fifteen (15) days after receipt of the written notice of breach or default, then Licensor may terminate this Agreement. B. If the Licensor is in material breach or default, including failure to perform which is not cured within fifteen (15) days after receipt of written notice of breach or default, then Licensee may terminate this Agreement. C. Either party may also terminate this Agreement for convenience without cause upon ninety (90) days prior written notice to the other party. D. If the Agreement is terminated then Licensee will be refunded the annual fee on a prorated basis based on the date of termination to the end of the annual term. Packet Pg. 26 8.C.1.a XI. LIMITED WARRANTY Licensor certifies that it has a proprietary right and authority to license JDS19 and that JDS19 is the product of Licensor. XII. LIMITATION OF LIABILITIES A. Licensor shall have no liability for any loss or liabilities resulting from any application of JDS19 or results, of such application by Licensee or any other party. Licensor's sole obligation and liability, if JDS19 is defective or fails to conform to specifications, shall be to correct software -coding errors in original code. In any event, Licensor's liability for any losses or damages which arise out of or in connection with JDS19 services provided under this Agreement, whether the claim is in contract or otherwise, shall not exceed the annual amount paid by Licensee pursuant to this Agreement. Under no circumstances shall Licensor be liable for special, incidental or consequential damages, including, but not limited to, loss of anticipated income or loss resulting in from business disruption, even if Licensor has been advised of the possibility of such damages. XIII. APPLICABLE LAW AND VENUE A. This Agreement shall be governed as to all matters of validity, interpretation, obligations, performance, or otherwise, exclusively by the laws of the State of Florida, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the State of Florida. B. Any and all suits or any claims for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in St. Lucie County, Florida. Packet Pg. 27 8.C.1.a XIV. LICENSOR'S ADMINISTRATIVE AGENT LICENSEE'S REPRESNTATIVE A. The Licensor's Administrative Agent is designated to act on behalf of the Licensor and to administer the terms and conditions of this Agreement. If necessary, a specific Administrator may be authorized to perform the duties and responsibilities of the Administrative Agent. Licensor's Administrative Agent and Licensee's Representative are named below, and may be changed at any time by providing written notice to the other party. Licensee's Representative Name: Carrie Maynard Lester Title: Program Director Address: 1507 20T" ST Vero Beach, FL 32960 Telephone: (772) 770-4811 Licensor's Administrative Agent: Name: Roy P. Hudson Title: Criminal Justice Coordinator Address: 2300 Virginia Ave. Fort Pierce, FL 34982 Telephone: (772) 462-1418 Facsimile: (772) 770-4822 (772) 462-1440 E-mail: CMAYNARD@SAOIRC.ORG E-mail: HUDSONR@STLUCIECO.ORG XV. NOTICES A. Except as otherwise provided herein, all notices required or permitted under this Agreement shall be made in writing and served by email and regular mail to the representative and agent set out above. A copy of the notice shall be provided separately to the St. Lucie County Attorney at the same address as Licensor's Administrative Agent. Either party may change its address by giving written notice of such change. Packet Pg. 28 8.C.1.a A. This Agreement constitutes the entire agreement between the parties with respect to JDS19 and the matters discussed herein and no prior contracts, representation, condition understanding, or agreement of any kind, oral or written shall be binding upon the parties unless incorporated into this Agreement in writing. B. Force Majeure. Neither party shall be in default by reason of any failure in the performance of this Agreement if such failure arises out of causes beyond its reasonable control. Such causes may include, but are not limited to, acts of God acts of the public enemy, acts of government in either its sovereign or contractual capacity, acts of the party whose performance is not sought to be excused, fires, flood, weather, epidemics, quarantine restrictions, supply, mechanical difficulties with equipment which could not have been reasonably forecasted or provided for, or other causes beyond its sole control. The party so affected will resume performance as soon as practicable after the force majeure event terminates. C. Assignment. Licensee many not assign this Agreement without the prior written consent of Licensor. Licensor may assign this Agreement to another entity or agency in the event ownership of JDS19 is transferred, or in the event Licensor in its sole discretion deems such an assignment necessary in connection with the performance of its obligations hereunder. D. Modifications to the Agreement. Except as provided herein, the terms of this Agreement may only be amended or modified through the execution of the Amendment by the duly authorized representatives of each party. E. Severability. If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall not be affected thereby. The terms and conditions of this Agreement shall prevail over any printed provision of any purchase order form used by Licensee to order JDS19. Packet Pg. 29 8.C.1.a IN WITNESS WHEREOF, the parties have executed the Agreement as of the date last below written. WITNESS: Print Name: Signed By: _ Date: Licensee: Substance Awareness Center of Indian River County Print Name: Signed By: _ Title: Date: Licensor: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA I1-YA II7_AlV Chairman Packet Pg. 30 8.C.1.a Q Packet Pg. 31 8.C.1.b Fla. Stat. _-q 119.0701 The Florida code and constitution are updated through all legislation signed and in effect as of the 2017 Regular Session and 2017 Special Session A. LexisNexis® Florida Annotated Statutes > Title X. Public Officers, Employees, and Records (Chs. 110-122) > Chapter 119. Public Records. § 119.0701. Contracts; public records; request for contractor records; civil action. (1) Definitions, — For purposes of this section, the term: (a) "Contractor" means an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency as provided under s. 119.011(2). (b) "Public agency" means a state, county, district, authority, or municipal officer, or department, division, board, bureau, commission, or other separate unit of government created or established by law. (2) Contract requirements. — In addition to other contract requirements provided by law, each public agency contract for services entered into or amended on or after July 1, 2016, must include: (a) The following statement, in substantially the following form, identifying the contact information of the public agency's custodian of public records in at least 14-point boldfaced type: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (telephone number, e-mail address, and mailing address). (b) A provision that requires the contractor to comply with public records laws, specifically to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable Packet Pg. 32 8.C.1.b Page 2 of 4 Fla. Stat. § 119.0701 time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. (3) Request for records; noncompliance. (a) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request, and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. (b) If a contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. (c) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10, (4) Civil action. (a) If a civil action is filed against a contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: Packet Pg. 33 8.C.1.b Page 3 of 4 Fla. Stat. § 119.0701 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. (b) A notice complies with subparagraph (a)2. it it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (c) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. History S. 1, ch. 2013-154, eff. July 1, 2013; s. 1, ch. 2016-20, eff. Mar. 8, 2016. Annotations Notes Amendments. The 2016 amendment added "request for contractor records; civil action" in the section heading; added the subsection heading of (1) and (3); rewrote (2); added the (3) designation;; added (3)(a), (3)(c), and (4); redesignated former (3) as (3)(b); substituted "agency's request for records" for "records request" in (3)(b); and made a stylistic change. Opinion (dotes LexisNexis ® Notes OPINIONS OF ATTORNEY GENERAL, Packet Pg. 34 8.C.1.b Page 4 of 4 Fla. Stat. § 119.0701 The requirements of Section 119.0701, Florida Statutes, apply to "contractor(s)" who contract with public agencies and are acting on behalf of the public agency in providing those services. Thus, based on the terms of Section 119.07010)(a), Florida Statutes, the nature and scope of the services provided by a private contractor determine whether he or she is acting on behalf of an agency and would be subject to the requirements of the statute. AGO 2014-06, 2014 Fla. AG LEXlS 7. LexisNexis® Florida Annotated Statutes Copyright © 2017 Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved. Lnd of Uocumant Packet Pg. 35 RESOLUTION 8.C.1.c WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Substance Awareness Center of Indian River County, in the amount of $5000, as an annual payment for access to the 19th Judicial Circuit Judicial Data System for drug lab purposes. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 21th day of November, 2017 pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2017-2018, and the County's budget is hereby amended as follows: REVENUE 001-2360-369917-200 Miscellaneous $5000 APPROPRIATIONS 001-2360-549990-200 Miscellaneous Expenses $5000 After motion and second the vote on this resolution was as follows: Commissioner Chris Dzadovsky, Chairman XXX Commissioner Tod Mowery, Vice Chairman XXX Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED THIS 21TH DAY OF NOVEMBER 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 36 8.C.2 ITEM NO. (ID # 4834) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE 11/21/2017 *CONSENT AGENDA\COUNTY ATTORNEY All Aboard Florida - Payment of Legal Defense Invoice through All Aboard Legal Defense Fund The County has retained the firm of Oertel, Fernandez, Bryant & Atkinson (the "Firm") to review the Draft Environmental Impact Statement ("DEIS") submitted by All Aboard Florida ("AAF") to the Federal Railroad Administration ("FRA") and provide advice as to how to proceed. Attached is Invoice No. 17556 for professional services for SFWMD ERP Challenge. St. Lucie County and Martin County are sharing the cost of these invoices. Staff is requesting that the Board authorize payment of the invoice from the special fund the Board created to fund the review of the AAF project. PREVIOUS ACTION: The Board has approved prior payments from the specified fund on July 7, 2015, September 15, 2015, October 6, 2015, October 20, 2015, December 15, 2015, February 9, 2016, March 1, 2016, April 5, 2016 , May 3, 2016 , June 7, 2016, July 26, August 2, 2016, September 6, 2016, October 18, 2016, December 6, 2016, December 20, 2016, January 24, 2017, February 21, 2017, March 7, 2017, March 28, 2017, May 16, 2017, June 6, 2017, July 5, 2017, August 15, 2017, September 5, 2017, October 3, 2017 and October 17, 2017. FINANCIAL IMPACT: Sufficient funds are available in account string #001-1900-531000-1935 (All Aboard Florida Legal Defense - Professional Services). Staff recommends that the Board authorize payment of the attached invoice from the special fund the Board created pertaining to All Aboard Florida (AAF). COMMISSION ACTION: Packet Pg. 37 8.C.2 Coordination/Signatures Danie 5. McIntyre, County ttorney 11/7/2017 Updated: 11/7/2017 9:29 AM by Carol Bishop Page 2 Packet Pg. 38 Mra �,�'30%7Z" w 8. C. 2. a RECEIPT Joseph E. Smith Clerk of the Circuit Court 5Z4 WWI I P) 151415z St. Lucie County NOV 0 3 2017 Clerk of the Circuit Court Transaction #: 1514154 www.stlucieclerk.c( St. Lucid County Receipt #: 1376523COUNTY ATTORN EY 201 South Indian River Drive Fort Pierce, FL 34950 Cashier Date: 11/2/2017 9:08:32AM (772) 462-6900 Print Date: 11/2/2017 9:08:37AM BOARD OF COUNTY COMMISSIONERS (1001) Date Received: 11/2/2017 9:05:40AM Total Fees: $18.E 'i 2300 VIRGINIA AVE Location: North County Total Payments: $18.E j 001-19301-549300-1 00-PRF Return Code: Mail Balance Due: $0.c FT PIERCE,FL 34954 Trans Type: Recording Reference: Cash Tendered: Cashier: EDNA Change: $o.( Escrow Balance: $4,560.50 1 ESCROW $18. AGENTTRANSMITTAL/MISC BK/PG: / DOC #: Date: 1 V2/2017 9:08:32AM FROM: TO: Me 0. L AGREEMENT BK/PG: 4060/622 DOC #: 4366610 Date: 1 V2/2017 9:08:32AM FROM: CITY OF FORT PIERCE FL TO: ST LUCIE COUNTY Indexing @ 1st 4 Names Free, A ddt 7=$1 ea. 0. Recordingg 1st=$10Addt'1=$8.50ea. 18, co Ln 6 z as r_ ii C4 6 'j E I Packet Pg. 39 Clerk of the Circuit Court Transaction #: 1514138 www.stlucieclerk.c( St. Lucie County Receipt #: 1376521 COUNTY ATTO RN Y 201 South Indian River Drive Fort Pierce, FL 34950 Cashier Date: 11/2/2017 9:05:03AM (772) 462-6900 Print Date: 11/2/2017 9:05:07AM BOARD OF COUNTY COMMISSIONERS (1001) 2300 VIRGINIA AVE 401-3410-549180-3911-SW FT PIERCE,FL 34954 Date Received: 11/2/2017 8:36:11 AM Location: North County Return Code: Mail Total Fees: $71.( Total Payments: $71.( . Balance Due: $0.( Reference: Cash Tendered: Escrow Balance: $4,579.00 cashier: EDNA Change: $0.( U VIA O ESCROW $71. AGENTTRANSMITTAL/MISC BK/PG: / DOC #: Date: 11/2/2017 9:05:03AM FROM: TO: M IM MISCELLANEOUS BK/PG: 4060/613 DOC #: 4366607 Date: 1 V2/2017 9:05:03AM a FROM: ST LUCIE COUNTY TO: GASPAR,CATHY Q Indexing 0 1st 4 Names Free, Addt%$1 ea. 0. Recording CO 1st=$10Addt%$8.50 ea. 35. 00 MISCELLANEOUS `" BK/PG: 4060/617 DOC #: 4366608 Date: 1 V2/2017 9:05:03AM co FROM: ST LUCIE COUNTY TO: HUTCHINGS,DAVID A r� Indexing @a 1st 4 Names Free, Addt%$1 ea. 0. c Recordingoa 1st=$10Addt7=$8.50ea. 35. m 0 a 00 r C d E t t1 c0 a Packet Pg. 40 8.C.2.a Oertel Fernandez, Bryant & Atkinson, P.A. 2060 DELTA WAY (32303) �:` POST OFFICE Box 1110 � � If � �-� � � TALLAHASSEE, FLORIDA 32302-1110 NOV 03 2017 OOUCITYATTORNEY To: Daniel McIntyre, County Attorney Statement Date: October 31, 2017 St. Lucie County 2300 Virginia Avenue Invoice No: 17556 Ft. Pierce, Florida 34982 The attached statement shows all work done in October 2017 for this case. Total Fees and Costs 1/2 Fees and Costs — St. Lucie County 1/2 Total Due from St. Lucie County $35,458.95 $17,729.48 $17,729.48 Packet Pg. 41 8.C.2.a Oertel, Fernandez, Bryant & Atkinson P.A. Post Office Box 1110 Tallahassee, Florida 32302-1110 FID# 59-2009476 Telephone (850) 521-0700 Facsimile (850) 521-0720 St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 FOR PROFESSIONAL SERVICES RENDERER Re: SFWMD ERP Challenge FOR PROFESSIONAL SERVICES DATE LAWYER DESCRIPTION Oct-02-17 SJF Emails with McIntyre; review RO for exceptions recommendation, phone call with Tim Atkinson re: strategy Oct-03-17 Oct-04-17 TPA Review/analyze Recommended Order•, call with Ruth Holmes on RO; review record; calls with Segundo Fernandez; review letter from Myles Tobin on Programmatic Agreement/Bridges Group; email SCB Email correspondence; internal meetings; review exhibits requested by ALJ; review recommended order; notes to file; SJF Phone conference with County Attorney's office; work on exhibits requested by ALJ; work on Exceptions strategy; outline October 31, 2017 Invoice # 17556 Client # 4045-001B HOURS AMOUNT 1.20 $330.00 3.80 $1,045.00 2.90 $652.50 4.00 $1,100.00 TPA Call with Dan McIntyre and Katherine Barbieri (re 4.00 $1,100.00 Recommended Order); review RO for exceptions; review DOAH record; confer with Segundo Fernandez; work on ' .ling exhibits requested by Administrativ- r aw Judge SJF Email McIntyre; phone conference with Ruth Holmes; 3.20 $880.00 work on Exceptions TPA Work on exceptions; email from Dan McIntyre (re 4.00 $1,100.00 exceptions); work on filing additional exhibits requested by Administrative Law Judge; editnotice of filing Packet Pg. 42 8.C.2.a Matter: 4045-00 I B ASM Review transcript for additional exhibits added at trial O.60 $39.00 and requested by AU Canter; prepare notice of filing and transmit exhibits to AU Oct-05-17 SJF Work on Exceptions; emails with Ruth Holmes 3.50 $962.50 TPA Work on exceptions to recommended order; research; 3.50 $962.50 review record; confer with Segundo Fernandez Oct-06-17 SJF Phone conference with Holmes; work on Exceptions; 5.00 $1,375.00 review Ricketts' Analysis, research WMD delegation to Executive Director TPA Work on exceptions/research/review record; call with 6.00 $1,650.00 Ruth Holmes and Segundo Fernandez; email with Ruth Holmes; Oct-08-17 TPA Work on exceptions 4.O0 $1,100.00 Oct-09-17 SJF Emails re: Riiska analysis; review comments; work on 3.00 $825.00 Exceptions TPA Work on exceptions/research/review documents and 6.00 $1,650.00 transcripts; emails; review comments Oct- 10-17 SJF Work on exceptions; conference with Tim Atkinson; 4.00 $1,100.00 re-;i-w Creech comments; work on "Legal conclusions TPA Work on exceptions; research, review transcripts 8.00 $2,200.00 Oct-11-17 SJF Work on Exceptions; emails with County attorneys 3.00 $825.00 TPA Work on exceptions; confer with Segundo Fernandez; 5.40 $1,485.00 research; emails; emails with Carlos Alvarez SCB Email correspondence; internal meeting; notes to file; 0.20 $45.00 Oct- 12-17 SJF Work on exceptions; erra.il Ruth Holmes; phone 2.00 $550.00 conference with Holmes; emails re: filing deadline TPA E.mails; call with Sid Bzoham on exceptions; work on 0.30 $82.50 exceptions; emails on exception deadline with AAF/SFWMD counsel Oct-13-17 SJF Work on exceptions; pl�on.e conference with Ruth 4.00 $1,100.00 Holmes; emails TPA Werk on exceptions; teleconference with Ruth Holmes 5.00 $1,375.00 on exceptions; confer with Sid Bigham on exceptions Packet Pg. 43 Matter: 4045-00 lB 8.C.2.a Oct-15-17 TPA Work on and edit exceptions/research/review exhibits/transcripts; call with Sid Bigham on exceptions SCB Teleconference Oct-16-17 SJF Work on Exceptions; conference with Tim Atkinson; conference with Sid Bigham; phone calls with County Attorneys; finalize and file TPA Work on and edit exceptions; emails; research; call with Segundo Fernandez on exceptions; email from SFWMD Agency Clerk on exceptions filing; email to Holmes and Barbieri SCB Email correspondence; internal meetings; teleconferences; research and draft exceptions; notes to file; Oct-17-17 SJF Emails with Ruth Holmes, Richard Creech, work on Goldberg strategy with WMD TPA Review filed exceptions; emails with Ruth Holmes Oct- 18-17 SJF Phone conference with Ruth Holmes re: Goldberg issue; research TPA Conference call with Ruth Holmes and Rick Creech; review FO issues; confer with Segundo Fernandez and Sid Bigham SCB Internal meetings; notes to file; Oct-19-17 TPA Review safety/bridge impact issues re final order; confer with Sid Bigham SCB Teleconferences; notes to file Oct-20-17 TPA Cali with Sid Bigham on final order issues Oct-23-17 SJF Email Ruth Holmes; research oral argument on exceptions; phone call with WMD TPA Emails on final order issues Oct-24-17 SJF Review SLC draft agenda for Commission, phone conference with County Attorney's office re: strategy; research E.D. role, work on Final Order delegation, oral argument issues 2.50 $687.50 0.20 $45.00 3.40 $935.00 4.00 $1,100.00 6.00 $1,350.00 1.00 $275.00 0.60 $165.00 1.00 $275.00 1.00 $275.00 0.20 $45.00 0.40 $110.00 0.40 $90.00 0.30 $82.50 1.00 $275.00 0.50 $137.50 2.60 $715.00 0 c a� N c a� 0 0 a� J 0 c a� a 0 U- CU 0 a a M 00 v to LO I- T" 6 z a) 0 c N U c a� E t �a r r Q Packet Pg. 44 Matter: 4045-001 B 8.C.2.a TPA Call with Ruth Holmes; emails on final order; email 2.20 $605.00 from Dan McIntyre's office on proposed agenda SCB Internal meetings; teleconferences; email 1.30 $292.50 correspondence; notes to file; Oct-25-17 SJF Phone call with WMD; review Motion for Extension 2.00 $550.00 filed by WMD; phone conference with Ruth Holmes; re•/iew SLC agenda item TPA Email from Stephanie Bush; work on and edit SLC 2.80 $770.00 draft agenda; review motion received from SFWMD on extension of time to file response to MC/SLC exceptions; call with Ruth Holmes Oct-26-17 SJF Email; phone conference with Ruth Holmes re: 2.80 $770.00 exceptions strategy; review Order; eriaii; phone call with Ruth Holmes; research FO-E.D. delegation TPA Review AAF response to exceptions received; email 2.40 $660.00 ar_d call with Ruth Holmes on final order/exceptions; nwiew order granting extension for SF4VMD to file exceptions responses SCB Internal meetings; teleconferences; research delegation 1.50 $337.50 issue; email correspondence; notes to file; Oct-27-17 SJF Review AAF Response to Exceptions; conference with 1.00 $275.00 Tirn Perry and Sid Big -ham; phone call with County Attorneys; einails TPA Review AAF responses to exceptions; emails 0.80 $220.00 Oct-30-17 SJF Review SFWMD ;esponse to Petitioner's Exceptions; 1.00 $275.00 conference with Tim Atkinson; email TPA Re,,iew SFWMD response to exceptions filed; confer 0.80 $220.00 with Segundo Fernandez on exceptions response Total Hours for OctobF_ 130.30 Total Fees for October $35,071.50 %z Total Hours for St. Lucie Co. V:7otal Fees for St. Licie Co. SUMMARY OF PR`31FESSIONAL SERVICES Lawyer Rate 1/2 Hours 1/2 Amount Segundo J. Fernapdez $275.00 24.35 $6,696.25 Timothy P. Atkinson $275.00 34.15 $9,391.25 Sidney C Bigham III $225.00 6.35 $1,428.75 Allyne Smith $65.00 0.30 $19.50 65.14 $17,535.75 a� 0 c a� N C a� 0 a� J 0 c aD a U- CU 0 Q a M 00 to LO ti r 6 z a� 0 c N U C a� E t �a r Q Packet Pg. 45 Matter: 8.C.2.a COSTS ADVANCED Oct-31-17 Telephone - Sept/Oct 2017 Copies - October 2017 - 1548 @ 0.25 Total Costs Advanced V2 Total Costs Advanced -St. Lucie Co. Total Fees and Costs 1/2 Total Fees and Costs —St. Lucie Co. Total Charges This Statement 0.45 387.00 $387.45 $193.73 $35,458.95 $17, 729.48 $17,729.48 r Q Packet Pg. 46 8.C.2.a 1112/201714:11 Page 4 of 7 OERTEL FERNANDEZ BRYANT & ATKINSON PA Account Summary Date Range From 1011/2017 0:00 To 10/31/201723:59 Gross Charges Net Charges 404501: TransTotals for Print: 387.00 387.00 Totals For 404501: 387.00 387.00 a� 0 C N C d d R O'l O J 4- 0 C (D E a 0 LL L R O Q Q M CD to LO LC) ti r O Z d O C R N U C d E t v r r Q Packet Pg. 47 8.C.2.a Electronet Broadband Communications Call Log Oertel, Fernandez, Bryant & Atkinson, P.A. 10/2/2017 1:12 (772) 4621420 404501 10/4/2017 2:45 (561) 6868800 404501 10/4/2017 0:41 (561) 6868800 404501 TOTAL $0.45 Packet Pg. 48 8.C.3 ITEM NO. (ID # 4736) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Heather Young, Asst. County Attorney County Attorney DATE: 11/21/2017 *CONSENT AGENDA\COUNTY ATTORNEY S2 Yachts, Inc., d/b/a Pursuit Boats - Job Growth Incentive Grant (JGIG ) Agreement Attached to this memorandum is a copy of a proposed Job Growth Incentive Grant ("JGIG") Agreement with S2 Yachts, Inc., d/b/a Pursuit Boats. Pursuant to the agreement, S2 Yachts agrees to create thirty (30) new jobs with an average hourly wage of seventeen and 85/100 dollars ($17.85) over a two year period. Subject to continued compliance with the terms of the Agreement, S2 Yachts will be eligible for a Job Growth Incentive Grant in an amount up to forty-nine thousand five hundred and 00/100 dollars ($49,500.00) to be paid out over a two year period beginning January 1, 2018. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds are available for this expenditure in Account No. 001-5215-582000-500 (County Job Incentive Fund). RECOMMENDATION: Staff recommends the Board approve the proposed Job Growth Incentive Grant Agreement with S2 Yachts, Inc., d/b/a Pursuit Boats, and authorize the Chairman to sign the agreement. COMMISSION ACTION: Packet Pg. 49 8.C.3 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 11/14/2017 Updated: 11/16/2017 3:45 PM by Sophia Holt Page 2 Packet Pg. 50 8.C.3.a JGIG 17-04 ST. LUCIE COUNTY JOB GROWTH INVESTMENT GRANT AGREEMENT THIS AGREEMENT is made as of the day of , 2017 by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the "COUNTY", and S2 YACHTS, INC., D/B/A PURSUIT BOATS, a Michigan corporation authorized to do business in the State of Florida, hereinafter referred to as the "COMPANY", whose Federal I.D. number is #38-2040714 WITNESSETH: WHEREAS, it is the policy of the COUNTY to stimulate economic growth in St. Lucie County, by either attracting new businesses to St. Lucie County or by encouraging the expansion of existing businesses within St. Lucie County; and, WHEREAS, the creation of new employment opportunities for residents of St. Lucie County and the increased tax revenues resulting from such business expansion or relocation within St. Lucie County is beneficial to the local economy; and, WHEREAS, the Board of County Commissioners has determined that offering a Job Growth Investment Grant encourages either businesses to expand or new businesses to enter St. Lucie County and thereby create new employment opportunities for the residents of St. Lucie County; and, WHEREAS, St. Lucie County, through its Board of County Commissioners, has created a Job Growth Investment Grant; and, WHEREAS, the COMPANY will expand its existing business in St. Lucie County and thereby create certain new employment opportunities having a specific wage level or higher in St. Lucie County in accordance with the Job Growth Investment Grant criteria if the COUNTY provides to the COMPANY a Job Growth Investment Grant; and, WHEREAS, the COMPANY has been determined to be eligible to receive a Job Growth Investment Grant by the COUNTY'S Job Growth Investment Grant Review Committee; and, 1 Packet Pg. 51 8.C.3.a WHEREAS, the COMPANY acknowledges that this Agreement shall be based upon the COMPANY'S obtainment of the performance requirements as outlined in this Agreement; and, WHEREAS, the COUNTY finds and declares that it is in the public interest to award a Job Growth Investment Grant to COMPANY pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: 1. Definitions. As used in this Agreement, the following terms shall mean: a. "Annual Average Hourly Wage" - Includes the hourly cost of wages, bonuses, and commissions but does not include benefits. The Top two Executive salaries as defined in this Agreement shall not be included in the average wage calculations. b. "Base Period for Hourly Wage level and Job Creation" — As set forth in the State of Florida Employer's Quarterly Report (RT-6A) for the quarter preceding the Grant application. C. "Default" - Failure to comply with the terms of the Agreement. d. "Effective Date" — First day of the month following the issuance of the certificate of occupancy for a manufacturing facility. e. "Employer's Quarterly Report Form RT-6X — COMPANY's State of Florida Employer's Quarterly Report Form RT-6A provided to COUNTY in conjunction with the execution of this Agreement, and thereafter as required pursuant to this Agreement. f. "Expansion of an existing business" - A business establishing 10 or more jobs to employ 10 or more new full-time employees in the County. These jobs must represent a net increase in employment at the site/facility and be not less than a 10 percent increase. g. "Full-time Equivalent Job" - Shall be calculated by total payroll hours per year divided by 52 weeks and then, divided by 35 hours. h. "JGIG" - Shall mean Job Growth Investment Grant. "New Business" - A business establishing 10 or more jobs to employ 10 or more full-time employees in the County within the term of the Grant provided that such business first begins operations on a site in the County clearly separate from any other operation owned by the same business. Research Firm — A company that employs 50% or more of their workforce in the 2 Packet Pg. 52 8.C.3.a development of new products, refinement of existing products, testing of products, development of new scientific information and others to be defined. k. "St. Lucie County Average Hourly Wage" — At least 107% of the average annual hourly wage per job in St. Lucie County, as determined by State of Florida Department of Labor, Workforce Development Board or Enterprise Florida, Inc. 2. Wage Level Commitment. As a condition precedent to and as consideration for obtaining JGIG funds from the COUNTY, the COMPANY agrees to pay an average hourly wage of not less than $17.85 per hour annually for those new jobs which are eligible for Grant hereunder. This per hour wage will be adjusted on the third and six anniversary of the Effective Date of this Agreement for wage rate inflation based upon the difference in the date of the Agreement and the Consumer Price Index three years and then six years from the Effective Date of the Agreement. The percentage change (in wage rate) will be added to the target wage rate in the Agreement. The COMPANY shall provide written verification satisfactory to the COUNTY that the average hourly wage of the new jobs meets the average rate of $17.85 per hour in the first three years of the Agreement and adjusted as defined above in year three and year six. The first report provided by the COMPANY will be the State of Florida Employer's Quarterly Report (Form RT-6A) including hours worked per month, total number of employees, gross wages paid in the quarter and a total of hours and wages for the Top Executive wages for the quarter previous to the JGIG Application Date. These Top Executives are defined as the wages for the two (2) highest paid employees on a wage basis. The COMPANY will provide the hours and wage dollars for these Top Two (2) Executives for each reporting period. Each quarter after the approval of the JGIG the COMPANY must provide this information to the COUNTY when filing the Employer's Quarterly Report (Form RT-6A). The first report after the Effective Date may include only a partial quarter due to the approval timing. The base period or the adjusted base period at three (3) years or six (6) years will be subtracted from the current twelve (12) month report to equal net growth of hours and wages. The net wages will be divided by the net hours for the average hourly wage rate to compare to the adjusted targeted minimum hourly wage level. The COMPANY'S failure to maintain its hourly wage level commitment for any year will result in the forfeiture of the Grant amount for that year. Such forfeiture will not preclude the COMPANY'S receipt of scheduled Grant amounts for subsequent years in which it is able to maintain its hourly wage level commitment. 3. Job Creation Commitment. As a condition precedent to, and as consideration for obtaining JGIG funds from the COUNTY, the COMPANY agrees to create a minimum of thirty (30) new Full -Time Equivalent Jobs in St. Lucie County over the term of this Agreement as more specifically set forth on Exhibit "B" Department of Economic Opportunity Certification Letter, which is attached hereto and made a part hereof. These new jobs will be phased in on the following schedule: 3 Packet Pg. 53 8.C.3.a Year Two after Effective Date a minimum of fifteen (15) additional new jobs. Year Two after Effective Date a minimum of fifteen (15) additional new jobs. To obtain the Grant amount for jobs created, the annual calculation of jobs created must meet or exceed the minimum job levels and meet the hourly wage requirements. The annual calculation of the incremental jobs will be determined by taking the Base Period quarterly reported hours and dividing by 455 (35 hours x 52 weeks x .25 of year) to arrive at a full time employee count. The same calculation for the current year shall be made by taking the reported annual hours divided by 1820 (35 hours x 52 weeks) to arrive at a full time employee count. The Base Period employee count shall be subtracted from the current employee count then comparing to the minimum jobs committed by the COMPANY to create. If the company does not achieve the job creation goal stated within the Job Growth Investment Grant, but has achieved a minimum of 85% of the job creation commitment for the period, the JGIG amount will be recalculated for the scheduled year. The County will recalculate the Grant amount based on the actual job levels obtained, and pay the annual amount as calculated reduced by 50%. The COMPANY'S failure to achieve a minimum job creation of 85% of the job creation commitment for any one year will result in the forfeiture of the entire Grant amount it was scheduled to receive for that year and such funds shall not be available in a subsequent year of the Grant. The COMPANY'S failure to receive funds in any year it fails to meet or maintain its job creation commitment shall not be grounds for an extension of the established payment schedule. 4. Term; Termination. This Agreement shall be effective upon the date of execution of this contract by both parties hereto, and shall automatically terminate ten (10) years after the Effective Date unless terminated earlier by the County because of a default by the COMPANY provided however, provisions of this contract shall survive the termination of the contract. 5. Grant Eligibility; Payment Schedule. a. Eligibility Determination; Payment. The initial eligibility determination for payment of the JGIG shall be made on the first anniversary of the Effective Date of this Agreement. Subsequent eligibility determinations shall be made at each subsequent anniversary of the Effective Date of this Agreement. Payment of JGIG Funds shall be made as follows: All Grants with an Effective Date between October 1st and March 31 st will be paid by May 15th after the successful completion and submission of the required documentation each year. All Grants with an Effective Date between April 1st and September 30th will be paid by November 15th after the successful completion and submission of the required documentation each year. Notwithstanding the foregoing, should the date for filing the last annual Employer's Quarterly Report (Form RT-6A), as described in Exhibit "A", not coincide with the date that an eligibility determination is made; the COMPANY shall have the right to file a report, in a form substantially similar to an Employer's Quarterly Report in a form acceptable to the COUNTY for payment. 0 Packet Pg. 54 8.C.3.a b. Subject to continued compliance with the requirements of Paragraph 2 and 3 of this Agreement, the COMPANY is eligible for a Job Growth Investment Grant (hereinafter a "Grant") of an amount up to - $49,500 ($1,500 base + 5% bonus for 90% or greater St. Lucie County employees + 5% bonus for use of St. Lucie County contractor) which Grant shall be payable as follows: (1) Job Growth Investment Grant: Year 1 - $24,750 Year 2 - $24,750 TOTAL $49,500 This 2 year payout period will begin January 1, 2018, and continue on January 1 of each year thereafter through the 2 year payment payout based on payout schedule noted in paragraph 5 section b. The COUNTY shall pay $1,650 per Full -Time Equivalent Job. 6. Relocation Commitment. The parties acknowledge and agree that the JGIG incentive agreement was an inducement to have the COMPANY expand or relocate to St. Lucie County. This means that the COMPANY made the decision to expand or relocate after considering the JGIG package. As a condition precedent to, and as consideration for obtaining JGIG funds from COUNTY, the COMPANY agrees to locate or expand its business operations to/within St. Lucie County for a period of at least 6 years after the last scheduled-JGIG payment. Should the Company relocate before the agreed number of years, all grant dollars paid to the Company shall be paid back to the County within a 120 day period. 7. Annual Job Status. The COMPANY must provide the COUNTY with the Employer's Quarterly Report RT-6A of its business operations within St. Lucie County on the State form RT-6A as amended. The COMPANY shall provide the reports at the same time it provides the State of Florida with the reports. With prior approval of the COUNTY, the COMPANY may submit a form substantially similar to the annual Employer's Quarterly Report (FormRT- 6A) provided that information necessary to meet the requirements of this grant award is provided in a form acceptable to the COUNTY the alternative form must be notarized and signed on Company letterhead. 8. Grant Restriction. The JGIG funds available under this Agreement as referenced in paragraph 5 will be provided only for reimbursement of expenses associated with the physical move, relocation and/or expansion of the COMPANY to St. Lucie County including but not limited to corporate or COMPANY relocation expenses, infrastructure costs, leasehold improvements, real property improvements, site development, and manufacturing equipment for the new and/or expanded facility, COMPANY sponsored child day care facilities, rent for COMPANY facilities, lease buyouts, training expenses and other expenses approved by the Job Growth Investment Grant Committee. 5 Packet Pg. 55 8.C.3.a 9. Default; Termination. In the event the COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, the COUNTY may, at its option, terminate this Agreement. 10. Indemnification. For the sum of ten ($10.00) dollars consideration, receipt of which is hereby acknowledged, the COMPANY shall indemnify and save harmless and defend the COUNTY, its servants, and employees from and against any and all claims, liabilities, losses, and/or cause of action which may arise from any negligent act or omission of the COMPANY, its agents, servants, or employees in the performance of services under this Agreement. 11. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in St. Lucie County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 12. Lobbyist Certification. The COMPANY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the COMPANY to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the COMPANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 13. No Discrimination Certification. The COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 14. Attorneys' Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. Packet Pg. 56 8.C.3.a 15. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The COMPANY'S failure to maintain its job creation commitment or salary level commitment for any one year will result in the forfeiture of the Grant amount it was scheduled to receive for that year; however, such forfeiture will not preclude the COMPANY'S receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and salary level commitment. 16. Assignment. 17 i3 19 The COMPANY shall not assign this Agreement to any other persons or firm without first obtaining COUNTY'S written approval. Conflict of Interest. The COMPANY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required herein, as provided for in Section 112.311, Florida Statutes. The COMPANY further represents that no person having any interest shall be employed for said performance. Notices. All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to the COUNTY shall be mailed to: To County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 To Company: S2 Yachts, Inc. 725 East 401h Street Holland, MI 49423 Entire Agreement. With copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 The COUNTY and the COMPANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 7 Packet Pg. 57 8.C.3.a IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County, Florida, has made and executed this Agreement on behalf of the COUNTY and COMPANY has hereunto sets its hand the day and year above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney ATTEST: S2 YACHTS, INC., D/B/A PURSUIT BOATS BY: Secretary President (Corporate Seal) Date S:\atty\agreemnt\S2 Yachts. Pursuit.JGlG.doc Packet Pg. 58 8.C.3.a Exhibit A Target: Industry Category eligible for application. Qualified companies are listed on the Target Industry List attached — circle the qualified industry. Attachment Exhibit B — 1 Application Section Criteria: X Expansion New Business Relocation III. Employment Commitment: 30 of net new jobs (number) of net new jobs (number) of net new jobs (number) COMPANY is receiving this grant based upon its representation that it will bring the following employment opportunities to St. Lucie County: 356 Total number of employees (new and existing) expected during term of grant 30 New, full time employees (eligible for grant application) expected during term of grant 90% % of County residents $17.85 Average hourly wage of all employees to be employed by company $16.69 Current average hourly wage in St. Lucie County (per QTI approval/2016 Enterprise Florida Wage report) $1,000,000 Capital Investment Amount (Building improvements, equipment etc.) and an additional $1,000,000 real property investment by related entity, Gen 123 Properties, L.L.C. IV. Grant Amount: Grant award calculation not to exceed $1,500,000 including bonuses $45.000 Base Grant Amount $1,500 X number of new jobs eligible for grant Bonus computations: N/A 50-99 total new jobs (20% bonus) N/A 100-199 total new jobs (30% bonus) 9 Packet Pg. 59 8.C.3.a N/A $2,250 N/A N/A N/A $2,250 $4,500 $49,500 200+ total new jobs (35% bonus) 90% or more local hires — St. Lucie County Residents (5% bonus) Average salary for applicant's jobs will be 125% of St. Lucie County average salary (15% bonus) Average salary for applicant's jobs will be 150% of St. Lucie County average salary (30% bonus) Research Firm (30% bonus) Use of local contractors for construction activity* (5% bonus) Total Bonuses Total Grant (base amount + total bonuses) * Local contractors are those contractors who are licensed in St. Lucie County and have an office located in St. Lucie County. 10 Packet Pg. 60 8.C.3.a Exhibit A - 1 St. Lucie County Targeted Industries List MANUFACTURING FACILITIES Appliance Component Manufacturing Aquaculture Aviation & Aerospace Manufacturing Boat and Allied Products Mfg. Chemical Manufacturing Computer & Electronic Component Mfg. Computer & Electronic Product Mfg. Electrical Equipment Manufacturing Electromedical Apparatus Mfg. Fiber Optic Cable Manufacturing Food & Beverage Products Manufacturing Instruments for Measuring & Testing Elec. Laser Manufacturing Lens Manufacturing Machinery Manufacturing Pharmaceutical Manufacturing Power Distrib., Generation & Technology Printing & Related Support Activities Software Reproducing Surgical & Medical Instrument Mfg. Transportation Equipment Manufacturing Wood & Paper Product Manufacturing FINANCE & INSURANCE SERVICES Funds, Trust & Other Financial Vehicles INFORMATION INDUSTRIES Data Processing Services Film, Video/Electronic Media Production Information Services & Data Processing Music Publishing Satellite Communications Software Publishing Telecommunications 11 CLEAN ENERGY Biomass Energy and Biofuels Fuel Cell and Hydrogen Technologies Ocean Energy Other Renewables Solar Energy PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES Bio-Medical & Bio-Science Computer Programming/Software Computer System Design Management, Scientific & Tech Services Nano Technology Professional, Scientific & Technical Research & Development Scientific & Technical Consulting Svc Simulation Training Testing Laboratories MANAGEMENT & DISTRIBUTION Distribution Centers Management Services National, International & Regional Hdqtrs ADMINISTRATIVE & SUPPORT SERVICES Technical Support Other industries may be considered by the Board of County Commissioners if the company can improve the quality of life within the community by creating new jobs and/or high wage jobs. Packet Pg. 61 8.C.3.a Exhibit B To the Job Growth Investment Grant Agreement between St. Lucie County and S2 YACHTS, INC., D/B/A PURSUIT BOATS Company Identification and Information Application Code Number Effective Date Company Description Boat Manufacturer Board Approval Date Local mailing address of company/ South of St. Lucie Boulevard across from Treasure location of new business Coast International Airport 3901 St. Lucie Boulevard Fort Pierce, FL 34946 12 Packet Pg. 62 8.C.4 ITEM NO. (ID # 4855) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Katherine Barbieri, Asst. County Attorney County Attorney DATE: 11/21/2017 *CONSENT AGENDA\COUNTY ATTORNEY Permission to Advertise - Floodplain Model Ordinance - Repeal & Replace Ordinance No. 11-031 The Florida Legislature has provided local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. The Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of St. Lucie County, Florida. Such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. St. Lucie County was accepted for participation in the National Flood Insurance Program (NFIP) in 1994 and the County desires to continue to meet the requirements of Federal law, necessary for such participation. In addition Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code (FBC). The Florida Department of Emergency Management (FDEM) has mandated a full repeal and replace of the County's Floodplain Management Ordinance language that was adopted by the Board in December of 2012. FDEM has provided a Model Ordinance that was crafted to meet NFIP requirements and to explicitly coordinate with the FBC. Local governments are expected to limit the insertion of unique language to only those sections where they wish to enforce higher or stricter standards {justified by a higher Community Rating System (CRS) score}. An adoption deadline is unclear, only that it is recommended to adopt the ordinance as soon as possible to avoid conflicts with the new FBC going into effect on December 31, 2017. The adoption process for this ordinance is a little bit unusual in that it's to be sent to FDEM prior to adoption for a compliance review and then again after adoption where the State will forward to FEMA. The model floodplain ordinance will be reflected in the regulation portion of the CRS score. PREVIOUS ACTION: N/A Packet Pg. 63 8.C.4 FINANCIAL IMPACT: N/A RECOMMENDATION: Staff requests permission to advertise a proposed ordinance for public hearing before the Local Planning Agency and two (2) hearings before the Board. COMMISSION ACTION: Coordination/Signatures 4anief&WMclntyre,torney 11/17/2017 Updated: 11/15/2017 2:47 PM by Susan Bellamy Page 2 Packet Pg. 64 8.C.4.a FREQUENTLY ASKED QUESTIONS ABOUT THE FLOODPLAIN MANAGEMENT MODEL ORDINANCE AND FLORIDA BUILDING CODE AMENDMENTS Please remember to send your tailored ordinance showing all edits in <track changes> mode to allow us to more quickly review and return your document. Please allow plenty of time for at least two reviews (longer if you make many changes). At a minimum provide the first draft at least 6 weeks before your first reading. At any given time we have many draft ordinances under review and cannot guarantee fast turn -around. For additional assistance and to have your draft ordinance reviewed, email Technical Support at flood. ordinance(o)_em.myflorida.com (please put your community's name in the subject line). Many common questions are answered in the FAQs that follow and the notes and instructions that accompany the model ordinance and code amendment packages. One model ordinance is for coastal communities (with both Zone A and Zone V) and one model ordinance is for communities that have only Zone A. Please see all of the resources at http://www.floridadisaster.org/Mitigation/SFMP/lobc resources.htm. Frequently Asked Questions 1. Are we required to do anything at all?....................................................................................2 2. Are we required to use the DEM floodplain management model ordinance? ..................2 3. Has FEMA approved the floodplain management model ordinance?...............................3 4. If we use the FBC-coordinated ordinance, will we have to modify our floodplain management ordinance every time the FBC is updated?............................................................3 5. Will DEM review our existing local floodplain management regulations to determine if it haseverything we need?.................................................................................................................. 3 6. What are the top six tips that will help us work with the model ordinance? ...................... 3 7. What are the seven most common errors made when customizing the model ordinance?........................................................................................................................................... 4 8. Many communities, especially those that are in the NFIP's Community Rating System, have previously adopted some "higher standards" that exceed the NFIP minimum requirements. Is assistance available to help us keep our higher standards?........................5 9. Does the Building Official have to be designated the Floodplain Administrator?.............5 10. Can we delete provisions in the ordinance that apply only to specific flood hazard areas not shown on our maps?........................................................................................................5 11. Why is it necessary in Sec. 104.3 of the model ordinance to have the numbered list of the buildings, structures and facilities that are exempt from the Florida Building Code?...6 DEM FAQs for FPM Ordinances and FBC (04/03/2017) 1 Packet Pg. 65 8.C.4.a 12. What about agricultural structures (nonresidential farm buildings on farms) that are exemptfrom the FBC?...................................................................................................................... 6 13. What about State and Federal construction projects? How are local communities expected to regulate these activities?.............................................................................................6 14. How do we explain this code -coordinated ordinance to the public and local elected officials?............................................................................................................................................... 6 15. Some communities, especially smaller towns, have arrangements with other jurisdictions (or private companies) to perform some or all of their building permit and floodplain management responsibilities. Will those arrangements be affected?......................7 16. What are "local technical code amendments"?.................................................................7 17. Can we adopt the building code amendments in a separate ordinance?......................7 18. Why do we need to include a fiscal impact statement at the end if FBC technical amendmentsare included?..............................................................................................................7 19. If our draft ordinance has already been reviewed, should we send it back if we've madeadditional edits?.......................................................................................................................8 20. What do we do after we adopt the floodplain management ordinance (and FBC technical amendments, if applicable)?............................................................................................8 21. Previous versions of the Model Ordinance included some local administrative amendments to the Florida Building Code. Why were they removed?.....................................8 1. Are we required to do anything at all? Yes. By law, the Florida Building Code (FBC) contains all laws and rules that pertain to and govern the design and construction of buildings (see section 553.73 (1)(a), F.S.). This means the flood provisions of the FBC that govern the flood -resistant design of buildings in mapped flood zones (special flood hazard areas) supersede local regulations that are not consistent with the FBC. Most of the differences between the flood provisions of the FBC and local regulations are relatively minor for most buildings. However, that does not alter the fact that the code governs the design of buildings. Coordinating floodplain management regulations with the building code (making them "work together") should be done as quickly as possible, otherwise inconsistencies and possible conflicts could occur. The model ordinance is specifically designed to repeal and replace existing regulations, to satisfy the NFIP, to coordinate with the FBC, and to meet the requirements of section 553.73 (5), F.S. 2. Are we required to use the DEM floodplain management model ordinance? No, but the model ordinance is carefully crafted to meet NFIP requirements and to explicitly coordinate with the FBC. While the model that DEM prepared is not the only way a community could achieve NFIP compliance and coordinate with the FBC, technical support provided by DEM will be allocated on a priority basis for the communities that choose to use the model. DEM is not preparing guidance to modify local FPM regulations that were based on a model used by most Florida communities several years ago. Taking this approach is a time- and labor-intensive effort. Since DEM began this initiative, fewer than 10 communities out of nearly DEM FAQs for FPM Ordinances and FBC (04/03/2017) 2 Packet Pg. 66 8.C.4.a 380 elected to modify their existing regulations, but some of them are now transitioning to the FBC-coordinated ordinance (as of mid -March 2017). 3. Has FEMA approved the floodplain management model ordinance? Yes. The January 15, 2013 model ordinances were approved by FEMA on January 17, 2013 The NFIP Checklist that documents consistency is also available at the above webpage. FEMA's approval is important: it means communities that use the model as the basis for their local floodplain management regulations will have rules that are both consistent with the NFIP and also coordinated with the FBC. 4. If we use the FBC-coordinated ordinance, will we have to modify our floodplain management ordinance every time the FBC is updated? No. However, as with every new edition of the FBC, local officials should pay attention to changes in flood provisions. For example, the 61" Edition FBC, scheduled to be effective at the end of 2017, has a number of changes in the flood provisions of the FBC, Residential and FBC, Building (by reference to the 2014 edition of ASCE 24). The more significant changes are freeboard in the FBC, Residential in all flood zones, Coastal A Zone is treated like Zone V (if LiMWA delineated or otherwise designated by a community), flood openings in breakaway walls, and critical facilities (Flood Design Class 4/Risk Category IV) elevated or protected to BFE + 2 feet or 500-year flood elevation, whichever is higher. In August 2017, DEM will post the excerpts of the 61" Edition FBC at the above webpage, along with a list of changes. 5. Will DEM review our existing local floodplain management regulations to determine if it has everything we need? No, DEM does not review existing ordinances for compliance. However, we will use existing ordinances to identify higher standards and to help customize the model ordinance. Do not send your existing regulations to Technical Support. The model ordinance is coordinated with the FBC and is improved in several respects over the model used by most Florida communities several years ago. Notably, it incorporates floodplain management provisions that are clearer and more detailed, including administrative provisions and requirements for development other than buildings. These provisions are based largely on various FEMA guidance documents which makes it easier for both communities and applicants to apply NFIP-consistent requirements. 6. What are the top six tips that will help us work with the model ordinance? Tip #1. After selecting the correct version of the model ordinance, please download and read the "Instructions and Notes" that go with that version. Many common questions are answered in the "Instructions and Notes." Tip #2. Please use <track changes> to prepare your Word file and send it to Flood. Ord inance(c�em.myflorida.com for review (please put your community name in the subject line). This will make our review easier and faster. Email Technical Support if you'd like help using <track changes>. Tip #3. There are many provisions and definitions that cannot be changed but some that may be changed. Remember the model ordinance package was carefully prepared to satisfy all requirements and was approved by FEMA and reviewed by the Building Officials Association of Florida. This makes it very important that you use <track changes> to show all of your proposed changes. We'll notify you if there is a compliance concern with your changes. DEM FAQs for FPM Ordinances and FBC (04/03/2017) Packet Pg. 67 8.C.4.a Tip #4. In Section 102.3 of the model ordinance, be sure to insert the name and date of the current effective Flood Insurance Study (not the date and title of the FIRMs). Email Technical Support if you need help. Tip #5. Several sections contain cross references to other sections. Do not modify to make the cross references generic; vague cross references render an ordinance unenforceable. We have developed a tool (available upon request) that you can use to help with renumbering the model and the internal cross references to match. Please plan to renumber before we do the final technical review, at which time we'll proof the cross references. Do not plan to have it renumbered when codified: we have seen cross references completely ignored or rendered incorrect when ordinances are codified in Municode (www.municode.com). Tip #6. Send your draft ordinance to Technical Support well BEFORE your first reading and we will review it as quickly as possible. Depending on our backlog, we normally return drafts within one to two weeks. 7. What are the seven most common errors made when customizing the model ordinance? The most common errors likely are made because communities, attorneys, and consultants are not reading the Instructions and Notes. The model ordinance was carefully prepared and has been approved by FEMA. It, along with the FBC, has everything necessary to meet the requirements of the NFIP. Error #1. Adding language from existing regulations to incorporate requirements for buildings — obviating the objective to use the flood provisions already provided in the FBC. Do not copy text from your existing regulations into the model ordinance. To see excerpts of the flood provisions of the FBC, download the summary from the DEM web site, Building Code Resources. Error #2. Deleting whereas statements or sections of the ordinance (e.g., Warning, Disclaimer of Liability, Severability). Certain legal elements are required under the NFIP, so even if the ordinance is being adopted as an addendum or as part of a wholesale update to the Land Development Regulations for example, we will have to see and approve the adopting language. Error #3. Using another community's ordinance as the starting point. Please start with the FEMA-approved model ordinance and we will help you modify it to suit your community. The exception to this is municipalities that have or will have an interlocal agreement with a county, in which case there are benefits to having similar regulations. Please contact Technical Support for assistance before you decide to use another community's ordinance as your starting point. Please note Florida law requires written interlocal agreements. Error #4. Using incorrect dates in the definitions. Contact Technical Support for the date that is in FEMA's records as the date the community joined the NFIP (usually the same or nearly the same date the community's first floodplain management ordinance was adopted). Error #5. Making changes AFTER review by Technical Support and not obtaining another review. What may appear to you or your attorney to be minor changes can easily result in a noncompliant ordinance that will require another visit to Council to correct. Error #6. Ignoring Technical Support's edits, comments, and questions. Please ask questions if you don't understand or agree with our edits and comments. Also, once a draft is started, don't start a new draft. Remember, our job is to help you produce an ordinance that meets DEM and FEMA standards. Error V. Modifying definitions to try to capture higher standards. Instructions for some higher standards have been prepared. Technical Support will help you incorporate higher standards. DEM FAQs for FPM Ordinances and FBC (04/03/2017) 4 Packet Pg. 68 8.C.4.a 8. Many communities, especially those that are in the NFIP's Community Rating System, have previously adopted some "higher standards" that exceed the NFIP minimum requirements. Is assistance available to help us keep our higher standards? Yes. However, every community that has "higher standards" that exceed the NFIP minimum requirements needs to identify which of those higher standards they wish to retain. CRS communities should pay particular attention to any higher standard that receives credit and decide whether to retain those requirements. Retention of some higher standards can be accomplished by modifying the model ordinance, and some will also require formatting as a local administrative and/or local technical code amendment to comply with Section 553.73(5), F.S. We have prepared General Instructions for Adding Higher Standards and instructions for a number of the most common higher standards: http://www.floridadisaster.org/Mitigation/SFMP/lobc resources.htm. For other higher standards or locally -specific provisions, we will review any new ordinance language you prepare or we can help draft new language. Section 553.73, F.S., was amended in 2010 explicitly to allow communities to retain higher standards, including those adopted for the CRS. Higher standards that are adopted as local technical amendments to the FBC and that satisfy specific conditions do not sunset every three years, as do other local amendments to the FBC. 9. Does the Building Official have to be designated the Floodplain Administrator? No. Communities should designate the position of a qualified staff member who is knowledgeable about floodplain management to fulfill the broad range of responsibilities of the Floodplain Administrator. It is common to designate a department head, planning manager, building official, or a town manager, who then delegates functions. By law, the building official is responsible for enforcing the building code. If designated as the Floodplain Administrator, the building official functions under the authority of the FPM regulations. Communities with interlocal agreements with other communities — and communities with private providers of building code services — must designate a position from their communities with ultimate authority to enforce the community's floodplain management ordinance and to fulfill commitments to the NFIP. See Question #15. 10. Can we delete provisions in the ordinance that apply only to specific flood hazard areas not shown on our maps? Yes, but it must be done very carefully. The first step is to ensure you're considering the correct version of the model ordinance based on the flood zones in your community. There are two versions: one for communities with both A Zones and V Zones and another for communities with only A Zones. Communities that are entirely coastal (without any riverine waterways) may remove floodway and some other provisions and communities that have BFEs in all flood zones may remove requirements for flood hazard areas without BFEs. Check with Technical Support before deleting any sections or provisions for zones that do not appear on your FIRM. We will need to verify your flood zones and ensure that certain sections are not applicable before providing specific advice. Another fairly common request is from communities that have no manufactured homes and do not allow placement of new manufactured homes. When documentation (e.g., citation of LDC section) is provided during review of the draft ordinance, the provisions for manufactured homes can be deleted. The documentation is retained in DEM's records in the event questions are raised about the deletion. DEM FAQs for FPM Ordinances and FBC (04/03/2017) Packet Pg. 69 8.C.4.a 11. Why is it necessary in Sec. 104.3 of the model ordinance to have the numbered list of the buildings, structures and facilities that are exempt from the Florida Building Code? Keeping the list shown in the model ordinance without any changes ensures those who use the adopted regulations are informed of the complete list of buildings, structures, and facilities that are subject to the floodplain management regulations, even though exempt from the FBC. During its review, FEMA paid attention to the exemptions from the FBC. One commitment made by every local jurisdiction that participates in the NFIP is to regulate all development in mapped flood zones. A summary of responsibilities is posted on the web page shown above. Having to regulate all development means communities must have another mechanism to regulate — for flood — those buildings, structures and facilities that are, by Florida Statute, exempt from the FBC. The model ordinance is written to accomplish this by requiring those buildings, structures and facilities to comply with ASCE 24, Flood Resistant Design and Construction (which is a referenced standard in the FBC). "Highlights of ASCE 24," prepared by FEMA, are available at the SFMO webpage: http://www.floridadisaster.org/Mitigation/SFMP/lobc resources.htm. 12. What about agricultural structures (nonresidential farm buildings on farms) that are exempt from the FBC? Nonresidential farm buildings on farms (agricultural structures) in mapped flood zones should have always been regulated by communities. The model ordinance requires buildings exempt from the FBC to comply with ASCE 24. Depending on the nature of the structures, they might not need to be elevated. Contact Technical Support for additional guidance. 13. What about State and Federal construction projects? How are local communities expected to regulate these activities? State agencies must comply with the FBC. Sec. 553.79(17), Florida Statutes, provides that "state agencies responsible for the construction, erection, alteration, modification, repair, or demolition of public buildings, or the regulation of public and private buildings, structures, and facilities, shall be subject to the enforcement of the Florida Building Code by local jurisdictions." Sec. 553.79(9) authorizes state agencies whose enabling legislation authorizes them to enforce the FBC to "enter into an agreement with any other unit of government to delegate its responsibility to enforce those provisions." The FBC specifically does not apply to "buildings and structures specifically regulated and preempted by the federal government" (Section 102.2). Federal construction on Federal lands is governed by federal requirements. 14. How do we explain this code -coordinated ordinance to the public and local elected officials? Instructions and Notes that go with the model ordinance include brief background notes. Also, we prepared a short PowerPoint presentation for this purpose. It includes a brief explanation of the need for older ordinances to be repealed and replaced and explains some of the unique properties of the ordinance. You can download and customize it to meet your community's specific needs. DEM FAQs for FPM Ordinances and FBC (04/03/2017) 6 Packet Pg. 70 8.C.4.a 15. Some communities, especially smaller towns, have arrangements with other jurisdictions (or private companies) to perform some or all of their building permit and floodplain management responsibilities. Will those arrangements be affected? No. Florida Statute Chapter 163, Intergovernmental Programs, authorizes local governments to enter into written inter -local agreements to have one jurisdiction perform some functions for another jurisdiction. We encourage communities with such arrangements to develop and adopt agreements that specifically address floodplain management. A model inter -local agreement designed to help communities adopt acceptable formal agreements and a handout that summarizes community responsibilities under the NFIP are available on the State Floodplain Management Office website listed below. 16. What are "local technical code amendments"? Chapter 1 of the FBC, Building contains administrative provisions. The remainder of the FBC, Building and all the other codes in the FBC family of codes contain the technical provisions that set forth the requirements for the design and construction of buildings and structures. Section 553.73(4)(a), F.S., provides that local technical amendments must be more stringent than the code and that "(b) Local governments may, subject to the limitations of this section, adopt amendments to the technical provisions of the Florida Building Code which apply solely within the jurisdiction of such government and which provide for more stringent requirements than those specified in the Florida Building Code, not more than once every 6 months." Please note that there are several other requirements that must be met that are not copied here. Also note section 553.73(5) that was added in 2010 to explicitly address higher standards for flood. The requirements of section 553.73(4) do not apply in three specific circumstances, and technical amendments may not be rendered void every three years when a new edition of the FBC becomes effective. The three specific circumstances are: 1. "if the amendment is adopted for the purpose of participating in the Community Rating System promulgated pursuant to 42 U.S.C. s. 4022;" 2. "if the amendment had already been adopted by local ordinance prior to July 1, 2010;" and 3. "if the amendment requires a design flood elevation [i.e., freeboard] above the base flood elevation." Even though section 553.73(4) does not apply to higher standards under those three circumstances, the higher standards need to be formatted to be consistent with the FBC to be most useable to the public. The General Instructions for Adding Higher Standards explain why ordinances with local technical amendments must some certain whereas clauses and a fiscal impact statement (see Question #18). 17. Can we adopt the building code amendments in a separate ordinance? Yes. Some communities do this because local rules related to the building code are in a different chapter, while floodplain management rules often are in land development codes. We prepared a "mini -ordinance" for this purpose and it is available from Technical Support. 18. Why do we need to include a fiscal impact statement at the end if FBC technical amendments are included? Section 553.73, Florida Statutes, contains the requirements for local administrative and local technical amendments to the Florida Building Code. According to section 553.73(4)(b), local governments may, subject to certain limitations in that section, adopt amendments to the technical provisions of the FBC. In 553.73 (4)(b)(9) is a requirement that adoption of local DEM FAQs for FPM Ordinances and FBC (04/03/2017) 7 Packet Pg. 71 8.C.4.a technical amendments is to include "a fiscal impact statement which documents the costs and benefits of the proposed amendment. Criteria for the fiscal impact statement shall include the impact to local government relative to enforcement, the impact to property and building owners, as well as to industry, relative to the cost of compliance." 19. If our draft ordinance has already been reviewed, should we send it back if we've made additional edits? Yes. Edits that you or your attorney think are minor can easily result in a noncompliant ordinance that will require follow up action to correct, perhaps even action by Council. Remember, the model was approved by FEMA which means care must be taken when making any changes. While we have some degree of flexibility to tailor the ordinance, we must be careful not to modify certain sections and phrasing that are important for NFIP compliance. 20. What do we do after we adopt the floodplain management ordinance (and FBC technical amendments, if applicable)? • Send a copy of the fully executed ordinance to Technical Support: flood. ordinance(a)em.myflorida.com. We will do a final review to complete the process. If FEMA has established a deadline for ordinance revisions, DEM will submit your adopted ordinance to FEMA for approval. If there is no FEMA deadline DEM will notify you of approval. If you adopted technical amendments, submit the adopted ordinance to the Florida Building Commission (be sure to identify the pages on which the amendments are located). Pursuant to 553.73(4)(a), F.S., local code amendments must be transmitted to the Commission within 30 days after enactment. Mark the pages of the adopted ordinance that show the FBC amendments and scan the first page, the marked pages, and the signature page and send to mo.madani(a)dbpr.state.fl.us 21. Previous versions of the Model Ordinance included some local administrative amendments to the Florida Building Code. Why were they removed? Chapter 1 of the 5tn Edition of the FBC now includes the necessary administrative amendments. In addition, the Model Administrative Code prepared by BOAF as a companion to the 51" Edition FBC includes the necessary amendments. This removes the need for communities to individually adopt the FEMA-required administrative amendments. Communities that already adopted those amendments do not need to take any action — their local administrative amendments are superseded by the equivalent provisions in the FBC. Links: State Floodplain Management Office www.floridadisaster.org/Mitigation/SFMP/Index.htm DEM Local Ordinance & Building Code Resources: www.floridadisaster.org/Mitigation/SFMP/lobc resources.htm FEMA Building Science webpage (click on "Building Code Resources") http://www.fema.gov/rebuild/buildinqscience/index.shtm DEM FAQs for FPM Ordinances and FBC (04/03/2017) 8 Packet Pg. 72 8.C.4.b INSTRUCTIONS AND NOTES — FINAL (April 3, 2017) Model Code -Companion Floodplain Management Ordinance For Communities with Inland (Zone A) and Coastal High Hazard Areas (Zone V) TECHNICAL SUPPORT AND ORDINANCE REVIEW: flood.ordinance@)em.myflorida.com Please include your community's name in the subject line. Please allow plenty of time for at least two reviews (longer if you make many changes). At a minimum, provide the first draft at least 6 weeks before you need to submit it for first reading. At any given time we may have many draft ordinances under review and cannot guarantee getting back to you in just a few days. Beginning with the 2010 edition the Florida Building Code (FBC) includes the flood provisions from the model International Code Series that forms the basis of the FBC. For background and more information on this transition, refer to the Frequently Asked Questions prepared by the Florida DEM State Floodplain Office: http://www.floridadisaster.org/Mitigation/SFMP/lobc resources.htm. Excerpts of the flood provisions of the FBC can be downloaded from the same webpage. Changes to local floodplain management regulations are necessary to properly coordinate with the FBC. A model ordinance that is coordinated with the FBC and satisfies the requirements of the National Flood Insurance Program (NFIP) was developed. It is designed to repeal and replace existing floodplain management regulations. A crosswalk that demonstrates the model ordinance is consistent with the NFIP is posted at the link shown above. Also at that link is a summary of duties and responsibilities that communities agree to when they decide to participate in the NFIP. By State law, only the FBC governs the design and construction of buildings. This makes it necessary for communities to expeditiously consider and take action to adopt the model ordinance. As of early 2017, more than 380 of Florida's 468 NFIP communities have used the model ordinance or are in the process of adopting it, and the rest are expected to do so in the coming year. Alternatively, a very small number of communities have elected to revise their existing regulations to remove flood provisions for buildings and structures and correct any inconsistencies with the NFIP. Note: this approach involves a lot of time and attention to detail and, in the end, the result effectively mirrors the model ordinance. FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 1 Packet Pg. 73 8.C.4.b This document contains instructions and explanatory notes for the model floodplain management ordinance. The notes are keyed to the sections of the model ordinance. These notes are not intended to explain every provision, but to highlight those that clarify and those that are new to floodplain management (FPM) regulations. Note: as of the effective date of the 5t" Edition FBC the local administrative code amendments previously required by FEMA are no longer required because the Florida Building Commission incorporated them into the 5t" Edition. The following are important aspects of the model FPM ordinance: 1. The FPM model is written in regulatory language, eliminating permissive and unenforceable language that appears in many local regulations. 2. The FPM model is coordinated with the FBC. The FBC contains requirements for buildings and structures; the FPM model contains other requirements necessary for consistency with the NFIP. In order to fulfill community commitments to the NFIP, the FPM model requires buildings and structures that are exempt from the FBC and development other than buildings to comply with requirements of the ordinance if located in flood hazard areas. 3. As written, the Building Official and the Floodplain Administrator are responsible for different aspects required to fulfill a community's commitment and responsibilities to the NFIP. In many Florida communities both functions are fulfilled by the same office or person. However, when enforcing the FBC, that person is acting as the Building Official, and when enforcing the floodplain management ordinance, that person is acting as the Floodplain Administrator. The fact that two titles are used should not be cause for confusion (i.e., one person can wear two hats). 4. The FPM model identifies the duties of the Floodplain Administrator. The duties of the Building Official are specified in the FBC. Section 553.73(5), F.S. (shown below), allows assignment of "the duty to enforce all or portions of flood -related code provisions to the appropriate agencies of the local government." The FPM model is designed so that the Floodplain Administrator handles virtually all duties that are not the responsibility of the Building Official. 5. The FPM model includes specific requirements for development other than buildings that may appear to be "new," but that are based on the overall performance expectation of the NFIP for any development, including activities other than buildings. The specific requirements come from ASCE 24 and FEMA guidance (ASCE 24 is a standard referenced by the FBC). The specificity is intended to help both the local official and the applicant understand what constitutes flood damage resistance for such activities. 6. The basic FPM model does not include the common "higher standards" that many Florida communities have adopted. However, instructions and sample language to adopt many of the more common higher standards have been prepared and are available at the DEM web site referenced above. Assistance will be provided to any community that elects to adopt other higher standards or otherwise modify the model FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 2 Packet Pg. 74 8.C.4.b Inter -Local Agreements: Many Florida communities have an inter -local agreement or arrangement under which one community (typically a county) agrees to enforce FPM requirements within another community's jurisdiction. Pursuant to section 163.01, F.S., this agreement should be in writing. DEM encourages both communities to get together to review the model ordinance. If the two communities have different requirements complications can arise. An efficient way to avoid having different requirements is for both communities to adopt ordinances that are exactly the same and make the same code amendments for higher standards, if any. DEM has developed a model inter -local agreement for floodplain management which can be modified easily to include enforcement of the building code. Download the model agreement at the webpage noted above and contact DEM at floods(cD.em.myflorida.com. 553.73, Florida Statutes (5) Notwithstanding subsection (4), counties and municipalities may adopt by ordinance an administrative or technical amendment to the Florida Building Code relating to flood resistance in order to implement the National Flood Insurance Program or incentives. Specifically, an administrative amendment may assign the duty to enforce all or portions of flood -related code provisions to the appropriate agencies of the local government and adopt procedures for variances and exceptions from flood -related code provisions other than provisions for structures seaward of the coastal construction control line consistent with the requirements in 44 C.F.R. s. 60.6. A technical amendment is authorized to the extent it is more stringent than the code. A technical amendment is not subject to the requirements of subsection (4) and may not be rendered void when the code is updated if the amendment is adopted for the purpose of participating in the Community Rating System promulgated pursuant to 42 U.S.C. s. 4022, the amendment had already been adopted by local ordinance prior to July 1, 2010, or the amendment requires a design flood elevation above the base flood elevation. Any amendment adopted pursuant to this subsection shall be transmitted to the commission within 30 days after being adopted. Instructions and General Notes: Please read the complete model ordinance and follow along with the notes below that are keyed to the same sections. You will find it useful to download the flood excerpts from the FBC. We encourage the Floodplain Manager and the Building Official to get together to do this review. The provisions of the model ordinance are organized as follows: • SECTION 1 is "recitals" to incorporate the Whereas clauses by reference. SECTION 2 contains the complete FPM regulations that are coordinated with the FBC. The regulations are organized to match the organization of the code, with administrative provisions in Article 1, definitions in Article 2, and technical provisions in Article 3. Step One. The first step is to determine which flood zones are identified on your community's Flood Insurance Rate Maps. If your FIRM has zones that start with the letter "A" and zones that start with the letter "W' these notes and the model ordinance that are identified "Zones_A-V" are the correct documents. Please check your FIRMs first, and contact Technical FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 3 Packet Pg. 75 8.C.4.b Support if you need help making this determination (email listed above). Step Two. Begin to complete the community -specific information to be inserted where noted in (bracketed bold blue): 1. {name of community} is the legal name of the county, city, village, or town 2. {community's governing body} is the city commission, board of county commissioners, town council, etc. 3. {title of FIS} title of the current, effective Flood Insurance Study that includes the community (check the actual title; do not simply insert the community name) 4. {date of FIS} date of current, effective FIS 5. {insert name} of applicable Water Management District 6. {body designated to hear variances} see note for Sec. 107.1. 7. {date the community's first floodplain management ordinance was adopted} and {date of regular program entry}. Note that these may or may not be the same date. You could research to determine the date the first ordinance was adopted or simply use the date of entry into the NFIP's regular program that will be provided by Technical Support. Step Three. Carefully consider any modifications you may wish to make to the model ordinance. Remember that most provisions in the model are written to satisfy NFIP requirements, which means DEM must be very careful to ensure changes are acceptable. Please contact Technical Support if you have questions or would like a preliminary review of changes you're considering. We recommend NOT re -numbering the sections of your draft to match your local code until after all the text changes are reviewed and approved. Step Four. Have Technical Support review your tailored ordinance in <track changes> mode before you get too far along in your adoption process. This is especially important if you propose to modify, delete, or add any provisions. If additional changes — no matter how minor — are made after Technical Support's review, please send it for another review (this is especially important if changes are made or sections renumbered after legal review). Final review and approval by DEM and FEMA will be much easier if Technical Support has reviewed and approved ALL changes. Technical Support will also double check your re -numbering and ensure all of the cross references are change correctly. Step Five. Upon adoption and execution, send Technical Support a digital copy of the adopted ordinance, with all signatures. At that time, DEM will do a final review to complete the process and send an approval letter. If FEMA has established a deadline for ordinance revisions, DEM will submit your adopted ordinance to FEMA for approval (you'll be copied). Step Six. Upon adoption and execution, submit local technical code amendments, if any, to the Florida Building Commission. Pursuant to 553.73(4)(a), F.S., local code amendments must be transmitted to the Commission within 30 days after enactment. Mark the pages of the adopted ordinance that show the FBC amendments and scan the first page, the marked pages showing FBC amendments, and the signature page and send to the Commission: FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 4 Packet Pg. 76 8.C.4.b mo.madani6c0bpr.state.fl.us. Be sure to identify the pages on which the code amendments appear. See sec. 553.73(4), F.S. Sample Forms: DEM developed some sample forms your community should consider using. A good time to consider adding to your administrative procedures is when you start the process to adopt regulations based on the Model Ordinance. The forms are available on the webpage listed above. SI/SD Sample Notice for Property Owners, Contractors, and Design Professionals (from FEMA P-758). FEMA's sample is based on the NFIP minimum requirements (i.e., it does not show cumulative SI/SD). Florida communities that use a similar packet should ensure their materials are consistent with this sample. There is no need to reference this packet in local regulations. The DEM encourages the use of this packet to facilitate administration of the SI/SD requirements. 2. Zone V Design Certificate. The NFIP and FBC both require that a registered professional engineer or architect develop or review the structural design, specifications and plans for buildings in Zone V to certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the requirements. DEM encourages use of this form, which also makes it easier to retain the documentation in the community's permanent records. 3. Agreement to Submit Elevation Certificate. The applicant signs this form to agree to have an Elevation Certificate prepared and submitted twice, which is consistent with the FBC. Note: The model ordinance is not written to require use of this agreement; modification to the ordinance would be required to make it mandatory. Contact Technical Support for assistance. 4. Declaration of Land Restriction (Nonconversion Agreement). The applicant signs this form to acknowledge the use limitations for accessory structures and enclosures below elevated buildings and to agree to not block/modify/cover flood openings; to not alter breakaway walls; to not convert the enclosures without a permit; to acknowledge that any alteration constitutes a violation; and to agree to record the declaration on the deed. Note: The model ordinance is not written to require use of this declaration/agreement; modification to the ordinance would be required to make it mandatory. Contact Technical Support for assistance. Elevation Certificate. Communities that are in the NFIP Community Rating System are required to use the NFIP Elevation Certificate. The FBC does not specify use of the NFIP Elevation Certificate, which means documentation of as -built lowest floor elevations may be submitted in a different format. However, use of the Elevation Certificate is recommended. Not only does it provide information in addition to the surveyed elevation, but owners are required to use the NFIP Elevation Certificate to obtain NFIP flood insurance policies. Therefore, it is most cost effective for the owner to have the builder use the Elevation Certificate to satisfy the FBC requirement. The current effective Elevation Certificate is online at http://www.fema.gov/library/viewRecord.do?id=1383 and the NFIP Floodproofing Certificate is online at htta://www.fema.aov/1ibrarv/viewRecord.do?id=1600. FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 5 Packet Pg. 77 8.C.4.b Resources: DEM offers guidance on the following (under <Other Guidance>) http://www.floridadisaster.org/Mitigation/SFMP/index.htm • Additions to Buildings • Outdoor Kitchens / Pool Equipment • Anchoring Fuel Tanks Substantial Improvement / Substantial Damage Desk Reference (FEMA P-758), available online http://www.fema.gov/library/viewRecord.do?id=4160 FEMA Technical Bulletins are guidance to help in interpreting, complying, and enforcing the NFIP requirements; available online http://www.fema.gov/national-flood-insurance-program- 2/nfiD-technical-bulletins: • Openings in Foundation Walls and Walls of Enclosures (2008) • Flood Damage -Resistant Materials Requirements (2008) • Non -Residential Floodproofing -- Requirements and Certification (1993) • Elevator Installation (2010) • Free -of -Obstruction Requirements (2008) • Below -Grade Parking Requirements (1993) • Wet Floodproofing Requirements (1993) • Corrosion Protection for Metal Connectors in Coastal Areas (1996) • Design and Construction Guidance for Breakaway Walls Below Elevated Coastal Buildings (2008) • Ensuring that Structures Built on Fill In or Near Special Flood Hazard Areas are Reasonably Safe From Flooding (2001) • Crawlspace Construction for Buildings Located in Special Flood Hazard Areas (Interim guidance, 2001) Explanatory Notes for Model Floodplain Management Ordinance FPM ORDINANCE SECTION GUIDANCE NOTES Whereas clauses Do not remove. Section 101 Administration, General 101.1 Title 101.2 Scope. The definition of "development" is very broad. Communities that participate in the NFIP agree to regulate all development. Enforcing the FBC and the model ordinance fulfills the requirements. Note that the scope of this ordinance includes buildings and structures that are exempt from the FBC. Exemption from the building code, even by state law, is not accepted by the NFIP as justification for not regulating such buildings for the purpose of compliance with floodplain management requirements. What it does mean is that a mechanism other than a building permit must be in place. This ordinance establishes that FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 6 Packet Pg. 78 8.C.4.b FPM ORDINANCE SECTION GUIDANCE NOTES mechanism by requiring compliance with ASCE 24 and by issuance of a floodplain development permit or approval. 101.3 Intent 101.4 Coordination with the This is an explicit acknowledgement that the ordinance and the FBC are FBC intended to be enforced together. 101.5 Warning A statement to this effect has always been part of local floodplain management regulations. The second part of the paragraph contains a warning that if flood maps and flood data change, the community will be required to adopt that revised flood data, which would then have to be enforced in the future. 101.6 Disclaimer of Liability A statement to this effect has always been part of local floodplain management regulations. Section 102 Applicability 102.1 General. If a community elects to enforce a "more restrictive" provision that affects the design and construction of buildings within the scope of the FBC, that provision must be adopted as a local code amendment. Communities should review section 553.73(5), F.S., to determine whether any such code amendments are not subject to section 553.73(4) — in which case they may not be rendered void when the code is updated (i.e., will not "sunset"). Local technical code amendments that qualify are those adopted for the purpose of participating in the CRS, those that were already adopted prior to July 1, 2010, and those that require additional height above the BFE. 102.2 Areas to which this ordinance applies 102.3 Basis for establishing flood hazard areas. Insert the title and date of the FIS. When a "countywide" map is available, the FIS and FIRMs include the unincorporated areas of the county and incorporated areas (e.g., "County, Florida and Incorporated Areas"). For municipalities, referencing the countywide FIS and FIRMS means a reference to the FIRM panels (or portions of FIRM panels) that show the area within the boundaries of their municipalities. • Communities may adopt a flood hazard map other than the FIRM provided that map shows flood hazard areas that are larger than the SFHA. Any community that uses another map must modify this section, even if the other flood hazard map is for only a portion of the community (e.g., for only one watershed or a part of a waterway). • Communities that annex area outside the municipal boundaries shown on the current FIRM must notify FEMA (see model ordinance Section 103.8(5)). Annexation may prompt a requirement to adopt a FIRM for the annexed area, if that area is not already shown on a panel adopted by the community. Most Florida communities have an FIS; those that do not should contact DEM for guidance to modify this section. 102.4 Submission of additional This provision recognizes that topography developed by a licensed data to establish flood hazard professional surveyor for site plans or available from community GIS areas. layers, for example, may be at a finer scale (and thus more accurate) than the base maps used by FEMA to draw the boundary of special flood hazard areas. The best available data should be used, including the best FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 7 Packet Pg. 79 8.C.4.b FPM ORDINANCE SECTION GUIDANCE NOTES available topographic data, and where there are discrepancies, the SFHA delineation on the best topography should be used. Especially with older FIRMs that were developed using topographic maps with a large contour interval, land that is lower than the BFE may not be shown as in the SFHA. This provision requires use of the best available information (in this case better topography) to delineate the SFHA boundary. There may be some liability if communities know, based on site plans prepared using better data, that areas not delineated on the FIRM but subject to flooding are not regulated. Note also that some land that is higher than the BFE may be shown on the FIRM as in the SFHA (within the shaded dark grey area). Communities are required to regulate the SFHA shown on the FIRMs until and unless FEMA issues an amendment or revision to the map (see the definition of "Letter of Map Change"). 102.5 Other laws. 102.6 Abrogation and greater restrictions. 102.7Interpretation. Section 103 Duties and Powers of the Floodplain Administrator 103.1 Designation. Communities are required to designate one official by position title to enforce the adopted FPM regulations as part of meeting the requirements to participate in the NFIP (designation of multiple staff positions and designation of a department are not permitted). The Floodplain Administrator may be the building official or another position. Sec. 553.73(5), F.S., authorizes designation of local agency other than the building official to be responsible for the enforcement of part or all of the flood provisions of the FBC. Delegation of authority is standard, especially in departments where staff perform functions under the authority of the designated department manager. This authority also allows reviews by other departments where those departments already review or approve certain activities. For example, grading plans may be approved by a public works department; subdivision requests typically are approved by the planning department. Regardless of which department or person performs the work, the Floodplain Administrator has overall responsibility. 103.2 General. 103.3 Applications and This section recognizes that communities may have more than one office permits. or department involved in the review of applications for development in flood hazard areas. The responsibilities listed appear in most existing local regulations. 103ASubstantial improvement These responsibilities are not new, although most existing local and substantial damage regulations do not include this level of detail. determinations. #1, see the definition of "market value." Note that this item allows the community to use adjusted assessed value or to require submission of an appraisal. If an applicant disputes use of adjusted appraised value, this FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 8 Packet Pg. 80 8.C.4.b FPM ORDINANCE SECTION GUIDANCE NOTES language then requires the submittal of an appraisal. Communities that want to always require appraisals may modify this language to remove reference to other methods. #4, an important responsibility is to notify the applicant/owner if the work is determined to be SI or SD. Note that this language changes if the community elects to enforce cumulative SUSD (see Higher Standards). See packet of forms on the DEM website for an up-to-date version of an SUSD handout used by many Florida communities (based on FEMA's review of several the packets used by Florida communities, those packets are not consistent with the requirements). See DEM Other Guidance: Guidance for Additions to Buildings 103.5 Modifications of the strict This section is added because the BOAF Model Administrative Chapter application of the requirements contains a provision that allows the building official to grant such of the Florida Building Code. modifications. Depending on the version of BOAF's Model Administrative Chapter used, this provision may not be necessary (check with Technical Support if you're unsure). Communities that do not use the BOAF Model Administrative Chapter do not need this amendment. 103.6 Notices and orders 103.7 Inspections. This section has more detail than previous model ordinances. However, the commitment to regulate development in flood hazard areas has an implied commitment to inspect all development, including unpermitted development. The FBC, Building (Sec. 110.3) does not explicitly require a separate "floodplain" inspection, but does require submission of elevation certification two times: (1) upon placement of the lowest floor (and prior to further vertical construction); and (2) as part of the final inspections. 103.8 Other duties of the #1 follows the FEMA recommendation to establish procedures for SUSD Floodplain Administrator. to provide uniformity, especially to identify the primary method to establish market value (see FEMA P-758). Communities that could experience widespread flood damage are encouraged to review the Desk Reference and decide in advance how various aspects of dealing with the aftermath will be handled, such as estimating costs and market values. #2 satisfies the NFIP requirements for notifications, but does not obviate the need to obtain any other Federal or State permits that may be required for applications to alter watercourses. #3 applies when the applicant elects to have engineering done to show different boundaries or BFEs, in which case the community can only use the new data if it is approved by FEMA. This is not equivalent to Sec. 102.3.1 which applies in SFHAs without BFEs, in which case the additional data are submitted for unnumbered zones to determine the BFE of the existing SFHA, not to redelineate the SFHA or to refute the BFE. FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 9 Packet Pg. 81 8.C.4.b FPM ORDINANCE SECTION GUIDANCE NOTES #4 requires the Floodplain Administrator to determine if design certifications and documentation of elevations are complete (e.g., that appropriate fields of the NFIP Elevation Certificate are completed by the surveyor). #6 this item is not required by the NFIP; however, it is important because owners may not realize that NFIP flood insurance is not available on new buildings and Sl/SD buildings located in CBRS areas. 103.9 Floodplain management Communities make a commitment to the NFIP to retain certain documents records in permanent records and to make those records available for public inspection. This commitment overrides any other provision of law that allows disposal of public records after a certain period of time. Also see the Department of State's "General Records Schedule" which specifically identifies retention of documents related to permits and design, with specific provision for NFIP records (#355): http://dhs.dos.state.fl.us/recordsmgmt/gen records schedules.cfm. Section 104 Permits 104.1 Permits required 104.2 Floodplain development Floodplain development permits or approvals are required for development permits or approvals. other than buildings that are within the scope of the FBC. Buildings that are exempt from the FBC are subject to FPM regulations (see comment for Sec. 101.2). Rather than issue a separate floodplain development permit, applications for other permits/approvals may be reviewed and approved for compliance. This section also permits communities to decide whether to issue both a building permit and a separate floodplain development permit/approval for the same activity. 104.3 Buildings, structures and See comment for Sec. 101.2. To fulfill the requirements for participation facilities exempt from the in the NFIP and the commitment to regulate all development, this section Florida Building Code. recaptures buildings and structures that are exempt from the FBC. Per FEMA, this section cannot be modified or shortened as it is taken from the FBC. In particular, "nonresidential farm buildings on farms" (agricultural structures) may not be removed. See requirements in Sec. 307.1 that apply to such structures. Contact Technical Support for additional guidance. Regulation of buildings exempt from the FBC is accomplished by requiring such buildings to be designed and constructed in accordance with ASCE 24 (see model ordinance Sec. 301.1). Floodplain Administrators may seek advice from the Building Official because compliance with ASCE 24 is equivalent to compliance with the flood provisions of the FBC (seeking consultation is not equivalent to asking the Building Official to issue a permit). The reference to "any further exemptions provided by law" comes from the FBC and is included here to capture any future exemptions which may be passed by the legislature. #9 refers to the exemption added by SB 704 in 2012; a building that is used for hunting that is located in "the 100-year floodplain defined by FEMA" is not exempt from the FBC, and thus has to comply with the flood provisions of the FBC. FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 10 Packet Pg. 82 8.C.4.b FPM ORDINANCE SECTION GUIDANCE NOTES 104.4 Application for a permit or approval. 104.5 Validity of permit or approval. 104.6 Expiration. 104.7 Suspension or revocation 104.8 Other permits required HB 503 (2012) imposes certain limitations on counties and municipalities regarding issuance of local permits. It allows addition of a condition that is captured by this provision. This section is required by NFIP regulations (44 CFR 60.3(a)(2)). Also see FBC, Building Section 105.3.3 which requires a specific statement regarding additional restrictions and additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. #1, insert the name of the applicable water management district. Section 105 Site Plans and Construction Document 105.1 Information for As stated in the text below the list in Sec. 105.1, the requirement to have development in flood hazard plans drawn to scale may be waived provided the submitted plans and areas. drawings provide sufficient information for evaluation of the proposed project. Greater precision is appropriate if the flood hazard area does not cover an entire lot, if a portion of the lot is in a floodway, or if a parcel is affected by more than one BFE or more than one flood zone. # 6 is intended to minimize the placement of fill in flood hazard areas, especially fill that is not intended to support buildings. Because of adverse impacts on flooding, flood hazard areas should not be used to dispose of excess fill. In addition, applicants who intend to fill an area and then seek a map change to "remove" the area from the mapped SFHA should do so as part of the permit which requires proper compaction when the fill is initially placed, not as a subsequent action. # 8 is not intended to imply that alteration of sand dunes or mangrove stands is permissible, only that if such activities are allowed by DEP, the flood -damage impacts must be considered pursuant to this ordinance. #9 requires delineation of any channel change (see Sec. 105.3 #3 for other requirements for such proposals). Note that under some circumstances certain required submissions may be waived. The Floodplain Administrator should not waive any requirement that is needed to review a proposal for compliance. For example, this provision would allow sketches for activities that don't need scaled plans prepared by a registered design professional, such as adding a deck, an addition, interior -only improvements, or building an accessory structure. 105.2 Information in flood This provision clarifies that if base flood elevation data are not available hazard areas without base from other sources, or if the available data from other sources are not acceptable, item #1 provides the Floodplain Administrator the authority to FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 11 Packet Pg. 83 8.C.4.b FPM ORDINANCE SECTION GUIDANCE NOTES flood elevations (approximate require the applicant to develop data using acceptable methods. The Zone A). building code gives the code official the same authority. #2 allows use of data from other sources, including the community itself, such as information from nearby permits, local drainage studies, or documentation of past flooding. #3, if data are not available from another source, or the data aren't acceptable, provides the Floodplain Administrator authority to (a) require the applicant to include data; or (b) under very specific circumstances, can specify the depth. This is consistent with NFIP guidance (FEMA 265) that assumes the flooding is shallow in approximate Zone A (sometimes called "unnumbered Zone A"). If an area is known to flood frequently to a depth of 2 ft, it is reasonable to assume that flooding will be deeper during more severe (less frequent) events, in which case another method must be used rather than default to 2-ft. This may be removed by communities that elect to require determinations of BFEs by an engineer. Note that Section 302.2 requires base flood elevation data to be included in subdivision proposals and development proposals containing at least 50 lots or at least 5 acres if the FIRM does not show BFEs. 105.3 Additional analyses and #1: floodways are areas where obstructions may divert flow or increase certifications. BFEs. FEMA delineates floodways for many waterways by using computer models to estimate the impacts on flood elevations associated with potential development in floodway fringe areas. The floodway boundary is drawn when the computer model determines floodway fringe development would cause the water surface elevation to go up no more than 1 foot. #2 addresses situations where SFHAs are shown with BFEs but without floodways. The potential impact of encroachments has not been evaluated and the NFIP regulations require that hydrologic and hydraulic analysis be performed when applications are submitted (equivalent to delineating a floodway). This requirement is found in NFIP regulations at 44 CFR 60.3(c)(10). Communities should contact DEM for guidance. 105.4 Submission of additional FEMA requires applicants for LOMCs to obtain the community's data. acknowledgement of the submission. Section 106 Inspections 106.1 General. 106.2 Development other than An important part of fulfilling responsibilities to the NFIP is to inspect buildings and structures. permitted development, including development other than buildings and structures. 106.3 Buildings, structures and The Floodplain Administrator inspects buildings, structures and facilities facilities exempt from the FBC. exempt from the FBC. 106.4 Buildings and structures This section is the same requirement in the FBC Section 110.3 (under exempt from the FBC, lowest "Building," items 1.1 and 5.1). Submission of elevation documents is floor inspection. required upon placement of the lowest floor and prior to further vertical construction, at which time the permittee is required to submit elevation documentation (use of the NFIP Elevation Certificate is recommended; this section may be modified to require use of the NFIP Elevation FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 12 Packet Pg. 84 8.C.4.b FPM ORDINANCE SECTION GUIDANCE NOTES Certificate). 106.5 Buildings, structures and This section is the same as the FBC, requiring submission of elevation facilities exempt from the FBC, documentation as part of the final inspection. Having the Elevation final inspection. Certificate in hand allows the inspector to verify compliance and have the data necessary to determine if mechanical and electrical equipment and flood openings are compliant. 106.6 Manufactured homes. Requirements for installation in flood hazard areas are included in Section 304. Section 107 Variances and Appeals 107.1 General. Variances are official permission to undertake an activity that is otherwise prohibited or not approvable under the regulations or building code. Documentation for each variance considered shall be retained in permanent records (see Section 103.9). A pattern and practice of issuing variances may prompt scrutiny by FEMA and DEM. It is inappropriate to use variances to resolve violations or to attempt to solve problems discovered after construction is completed unless a variance can legitimately be granted after all due consideration. The FBC does not create a board of appeals; the BOAF Admin Code does establish a board of appeals. Florida communities designate a variety of bodies to hear variances: planning and zoning board, board of appeals and adjustments, board of adjustment, city commission, city council, or board of zoning appeals. Sec. 553.73(5), F.S., explicitly states that variances to the flood provisions of the FBC shall not extend to the provisions in Section 3109 for structures seaward of the CCCL. 107.2 Appeals 107.3 Limitations on authority to grant variances. 107.4 Restrictions in floodways. 107.5 Historic buildings. A determination that improvement of a historic building will not preclude its continued designation as a historic building should be based on documentation provided by a qualified authority, preferably the authority that determined the building meets the criteria for the exception to FBC, EB Section 1201.3. 107.6 Functionally dependent This section is consistent with NFIP regulations at 44 CFR 60.3(7). uses. Although it allows variances for functionally dependent uses (see definitions) that would allow them below BFE, it does not allow such uses to entirely disregard methods to minimize flood damage. 107.7 Considerations for Documentation to support issuance of variances should include technical issuance of variances. evaluations, relevant factors, and should address each of the considerations listed. 107.8 Conditions for issuance Documentation to support issuance of variances should include of variances. documentation of each of conditions listed. For FEMA Guidance on variances, see FEMA P-758 (Section 5.6.7). #3 is not required by the NFIP, but is recommended to inform future owners of the variance. d c c O m 0 c 0 0 ci a� Q 0 c 0 .y N E a) a LO LO 00 : c d E z M r a FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 13 Packet Pg. 85 8.C.4.b FPM ORDINANCE SECTION GUIDANCE NOTES 10 Section 108 Violations 108.1 Violations. This section applies only to violations of this ordinance; violations of the FBC are dealt with in the code. 108.2 Authority. 108.3 Unlawful continuance. Section 202 Definitions Several terms are noted in brackets as being defined in the FBC, B. These definitions are repeated in this ordinance because they are used in provisions that apply to development that is not within the scope of the FBC. Communities may retain or delete the notes in brackets. Alteration of a watercourse Requirements for alteration of a watercourse apply to riverine (nontidal) waterways (see Section 105.3(3)). Appeal ASCE 24. The FBC, B refers to ASCE 24, which contains the detailed, specific requirements for buildings and structures in flood hazard areas. The FBC, R requires homes in floodways to comply with ASCE 24 and allows ASCE 24 as an alternative in Zone V. See "Highlights of ASCE 24" prepared by FEMA, available hqp://www.floridadisaster.orp-,/Mitigation/SFMP/lobc resources.htm Base flood. Base flood elevation. Basement. The NFIP definition of "Basement" is consistent with the building code definition in Sec. 202 (the FBC, B also defines "basement" in Sec. 502.1). In addition, this definition is consistent with its usage in the FBC, R provisions that apply in flood hazard areas (see R322.1.5, R322.2.1 and R322.3.2). Coastal construction control line. Coastal high hazard area. Design flood. The design flood is either the base flood or another flood based on other criteria. A community may choose to prepare and adopt flood hazard maps that show flood hazard areas that are not on maps prepared by FEMA. These may be areas that FEMA did not study or areas that were studied with different criteria. For example, as a general rule, FEMA is concerned primarily with flooding sources that have a drainage area of 1 square mile or more. For another example, some communities elect to pre- pare flood hazard maps based on the assumption that the upland watershed is built out to existing zoning, often called "ultimate development," and sometimes the "flood of record" is the basis for regulation. The majority of Florida's communities use the FIRM; therefore, the design flood equals the base flood. Design flood elevation. The majority of Florida's communities use the FIRM; therefore, the design flood elevation equals the base flood elevation. In Zone AO, this definition specifies use of the depth number or 2 ft. If the community elects to add additional height elsewhere (freeboard), consideration should be given to specifying that the minimum depth number should be at least 2 feet plus the additional height (e.g., 3 feet if FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 14 Packet Pg. 86 8.C.4.b FPM ORDINANCE SECTION GUIDANCE NOTES the community adopts 1 ft of freeboard). Development. Encroachment. Existing building and existing See note above regarding the adoption date of the community's first structure. floodplain management ordinance. The common label for "existing buildings" is "pre -FIRM" (built before the FIRM), and the comparable label for "new construction" is "post - FIRM" (built after the FIRM). However, those labels are really intended for flood insurance purposes and are not permitted in FPM regulations. Now that many Florida communities have been in the NFIP for 20-30 years, it is somewhat awkward to refer to buildings that old as "new." Although there is a difference in the wording of this definition and the FBC definition, there is no practical difference. The NFIP considers any building built after the specified date to be "new construction" and expects communities to ensure that any work performed on such new construction/existing buildings will not alter or modify any aspect of that building that was required for compliance with the floodplain management requirements in effect when it was built. This same concept is in the codes. Existing manufactured home See Higher Standards if the community elects to treat all MFHs the same. park or subdivision. Expansion to an existing See Higher Standards if the community elects to treat all MFHs the same. manufactured home park or subdivision. Federal Emergency Management Agency (FEMA). Flood or flooding Flood damage -resistant materials. Flood hazard area. This term refers to (1) the mapped Special Flood Hazard Area shown on FIRMS, and (2) a larger area if the community adopts another map or legally designates an area. The majority of Florida's communities use the FIRM; therefore, the flood hazard area equals the special flood hazard area. Flood Insurance Rate Map Revised FIRMS that have been prepared in digital format or converted to (FIRM). digital format are referred to as Digital FIRMS (DFIRM). The term "Flood Insurance Rate Map (FIRM)" refers to flood hazard data provided by FEMA, regardless of whether the data are shown on printed products or in digital format. DEM will help communities that have Flood Boundary and Floodway Maps to modify the model to appropriately reference that map. Flood Insurance Stud FIS . Flood lain Administrator. Flood plain development permit If approval is signaled as part of another form of permit or approval, the or approval. community should keep a record of that approval. Some Florida communities use a stamp that allows the Floodplain Administrator to indicate and date concurrence. as c c L O m 0 c 0 0 LL ci a� a 0 c 0 y N E a) a LO LO 00 v 00 c a� E z c� a FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 15 Packet Pg. 87 8.C.4.b FPM ORDINANCE SECTION GUIDANCE NOTES Floodwa . Floodway encroachment analysis Florida Building Code. The Florida Building Code (FBC) is a family of codes. FBC, B is the building code; FBC, R is the residential code; FBC, EB is the existing building code; the family also includes mechanical, plumbing, and fuel gas codes. The FBC includes flood provisions that FEMA has determined to be consistent with the NFIP requirements for buildings and structures; see especially Sec. 1612 (building), R322 (residential), and FBC, EB. The term "building code" is used to refer to all of the codes. Functionally dependent use. Highest adjacent grade. Historic structure. Letter of Map Change LOMC Light -duty truck Lowest floor. Manufactured home. This definition is modified to incorporate the NFIP definition and phrasing from the definition in 15C-1.0101, F.A.C. Units that are called "park trailers," "park models" or "HUD RVs" are treated as recreational vehicles. Manufactured home park or subdivision. Market value. The alternatives to establish market value are described in Substantial Improvement/Substantial Damage Desk Reference (FEMA P-758). Communities should decide which method to use and apply it consistently. If a method other than a professional appraisal is selected as the standard method, applicants can be given the option to provide an appraisal. Communities that elect to always require the applicant to provide a professional appraisal may modify this definition. Documentation of the factor (multiplier) provided by the Property Appraiser should be kept with permit records and should be verified annually. New construction. See note above regarding the adoption date of the community's first floodplain management ordinance. New manufactured home park See note above regarding the adoption date of the community's first or subdivision. flood lain management ordinance. Park trailer. This definition is found in section 320.01, F.S. Recreational vehicle. "Park trailers" is added to the NFIP definition; these units are treated as RVs and, just like RVs, if they do not conform to the requirements for RVs, then they must be treated as manufactured homes. Sand dunes. flood hazard area. -Special Start of construction. Substantial damage. For guidance, see Substantial Improvement/Substantial Damage Desk Reference (FEMA P-758). Substantial improvement. For guidance, see Substantiallmprovement/Substantial Damage Desk Reference (FEMA P-758). Communities that elect to handle historic structures by variance (see Section 107.5) should remove item (2). The benefit of handling by FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 16 Packet Pg. 88 8.C.4.b FPM ORDINANCE SECTION GUIDANCE NOTES variance is the requirement that variances be the minimum necessary, which provides the opportunity to require some measures to minimize future flood damage. This approach is consistent with the overall intent of preserving cultural and historic resources. Variance. Watercourse. Section 301 Buildings and Structures 301.1 [Buildings and See Section 1043. Walled and roofed buildings are required to comply Structures] Design and with ASCE 24; non -building structures are required to comply with construction of buildings, Section 307, which has general performance expectations (e.g., anchored structures and facilities exempt to prevent flotation/debris). from the FBC. 301.2 Buildings and structures DEM and the Florida Building Commission have identified a seaward of the coastal collaborative initiative to resolve the inconsistencies between CCCL and construction control line. Zone V requirements (anticipated in the FBC 6th edition). Until the inconsistencies are resolved in the FBC, building officials have to do it on a case -by -case basis; in doing so, the more restrictive of the two sets of requirements must be enforced. Section 302 Subdivisions 302.1 Minimum requirements. 302.2 Subdivision plats. Section 303 Site Improvements, Utilities and Limitations 303.1 Minimum requirements. Although these requirements are the same as Section 302.1, here they apply to developments other than subdivisions. 303.2 Sanitary sewage facilities. 303.3 Water supply facilities. 303.4 Limitations on sites in This is a key provision that is referenced in several other sections. The regulatory floodways. requirement is that development be prohibited in floodways unless an analysis demonstrates the encroachment will not increase base flood elevations. 303.5 Limitations on placement Fill may be placed to support buildings or for other purposes. These of fill. provisions for fill placed to elevate buildings come from ASCE 24, a standard that is referenced in the building code. The building code also includes requirements in 1803.5.8 and R401 (fill soils) and R506 (concrete floors on ground). The ASTM Standard D-698 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort may be referenced. 303.6 Limitations on sites in coastal high hazard areas Zone V). Section 304 Manufactured Homes 304.1 General. As with other structures, manufactured homes that are in SFHAs and also seaward of the CCCL are required to comply with the more restrictive requirements. 304.2 Foundations. See Protecting Manufactured Homes from Floods and Other Hazards (FEMA P-85) htip://www.fema.gov/librgjy/viewRecord.do?id=1577. FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 17 Packet Pg. 89 8.C.4.b FPM ORDINANCE SECTION J& GUIDANCE NOTES FEMA P-85 includes a number of pre-engineered foundation solutions that take into account both flood loads and wind loads. Sec. 304.6 permits certain MFHs in existing parks/subdivisions that were established before the date the community joined the NFIP to be placed, replaced, or substantially improved without full elevation, provided a home on the site was not substantially damaged by flooding. In these existing parks/subdivisions, homes may be on reinforced piers or other foundation elements of at least equivalent strength. For "dry stack block" piers, equivalent strength can be provided by cross bracing and diagonal straps and ground anchors that provide adequate resistance to flooding when soils are saturated (also see FEMA P-85). 304.3 Anchoring. 304.4 Elevation. FEMA revised its manufactured home installation guidance document (FEMA P-85) to refer to the bottom of the lowest horizontal supporting member (longitudinal chassis frame beam) as the reference level. DEM will request that Department of Highway Safety and Motor Vehicles update the rule at 15C-1, F.A.C., to refer to FEMA P-85 revised in 2009). 304.5 General elevation requirement. 304.6 Elevation requirement Communities that do not want to allow certain replacement MFHs to be for certain existing installed below the BFE on foundations that are at least 36" above grade manufactured home parks and should see Higher Standards. subdivisions. 304.7 Enclosures. 304.8 Utility equipment. Section 305 Recreational Vehicles and Park Trailers 305.1Temporary placement. 305.2 Permanent placement. Section 306 Tanks This section is consistent with 2015 IRC and ASCE 24-14. 306.1 Underground tanks. The NFIP definition of "development" is broad and includes tanks. Floodplain management regulations have always covered tanks. This model includes specific provisions so that neither the applicant nor the local official has to figure out what is necessary to comply with the general performance expectation. 306.2 Above -ground tanks, not elevated. 306.3 Above -ground tanks, elevated 306.4 Tank inlets and vents. Section 307 Other Development This section is consistent with 2015 IRC and ASCE 24-14. 307.1 General requirements The NFIP definition of "development" is broad and includes the "other for other development. development' listed in this section. This model includes specific provisions so that neither the applicant nor the local official has to figure out what is necessary to comply with the general performance expectation. FEMA Technical Bulletin #5 includes both general guidance and specific FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 18 Packet Pg. 90 8.C.4.b FPM ORDINANCE SECTION GUIDANCE NOTES guidance for some types of development in coastal high hazard areas (Zone V). 307.2 Fences in regulated floodwa s. 307.3 Retaining walls, sidewalks and driveways in regulated floodways. 307.4 Roads and watercourse crossings in regulated floodwa s. 307.5 Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses Zone V). 307.6 Decks and patios in coastal high hazard areas (Zone V). 307.7 Other development in coastal high hazard areas (Zone V). 307.8 Nonstructural fill in The description of the uses and "minor" quantities of fill are the same as coastal high hazard areas specified in the FBC, R. Although a specific volume is not defined, the (Zone V). nature and purposes for which minor grading and quantities of fill may be used are sufficient to place bounds on proposals. FEMA Technical Bulletin #5 suggests that the placement of up to 2 feet of site -compatible, non-structural fill under or around an elevated building can be assumed to be acceptable. The placement of fill (and structures such as retaining walls) can deflect waves and divert flood flows which may damage buildings. The language in #2 and #3 comes from NFIP Technical Bulletin 5-08. Note that any proposal for dune construction or restoration of dunes must be approved by DEP or the applicable local reviewing agency before considering the proposal under this ordinance. FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 19 Packet Pg. 91 8.C.4.c Model Code -Companion Floodplain Management Ordinance For Communities with Inland (Zone A) and Coastal High Hazard Areas (Zone V). April 3, 2017. Note: This FINAL version includes inland flood hazard areas (zones shown on FIRMs that start with the A') and coastal high hazard areas (zones that start with letter" V'). It does not include any "higher standards. " Contact Technical Support for assistance with higher standards. Please download the Instructions and Notes that go with this model, also dated April 3, 2017. Please make any and all changes using <track changes> to facilitate DEM's review. We recommend resolving all text changes and obtaining review by Technical Support before renumbering to be consistent with your community's Code of Ordinances. Technical Support: Email for help and submit drafts to flood. ordinance(a)-em.myflorida.com. Please allow plenty of time for at least two reviews (longer if you make many changes) — at a minimum provide the first draft at least 6 weeks before your first reading. At any given time we have many draft ordinances under review and cannot guarantee turn -around. NOTE: This model ordinance is specifically written as a companion to the FBC, which has requirements for buildings in flood hazard areas. DO NOT copy from your existing regulations and paste into this ordinance any requirements for buildings. For "higher standards" that affect the design of buildings (such as freeboard), see the instructions on DEM's webpage and contact Technical Support for assistance. ORDINANCE NO. XX-XX AN ORDINANCE BY THE {community's governing body) AMENDING THE {name of community) CODE OF ORDINANCES TO REPEAL (insert appropriate chapter/section numbers); TO ADOPT A NEW {insert appropriate chapter/section numbers); TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; PROVIDING FOR APPLICABILITY; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in (Chapter 125 — County Government or Chapter 166 — Municipalities), Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of (name of community) and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 1 Packet Pg. 92 8.C.4.c health, safety and general welfare, and WHEREAS, the {name of community} was accepted for participation in the National Flood Insurance Program on {date of regular program entry} and the (community's governing body) desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, the {community's governing body} has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code. NOW, THEREFORE, BE IT ORDAINED by the {community's governing body} of (name of community) that the following floodplain management regulations are hereby adopted. SECTION 1. RECITALS. The foregoing whereas clauses are incorporated herein by reference and made a part hereof SECTION 2. This ordinance specifically repeals and replaces the following ordinance(s) and regulation(s): (insert citation to existing flood damage reduction regulations that will be replaced by these regulations and citation(s) to other ordinances that have flood provisions, such as subdivision regulations that also will be replaced by these regulations). ARTICLE I ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Floodplain Management Ordinance of (name of community), hereinafter referred to as "this ordinance." 101.2 Scope. The provisions of this ordinance shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. 101.3 Intent. The purposes of this ordinance and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (1) Minimize unnecessary disruption of commerce, access and public service during times FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 2 Packet Pg. 93 8.C.4.c of flooding; (2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (5) Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22. 101.4 Coordination with the Florida Building Code. This ordinance is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. 101.5 Warning. The degree of flood protection required by this ordinance and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance. 101.6 Disclaimer of Liability. This ordinance shall not create liability on the part of {governing body} of {name of community} or by any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 102.2 Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas within the (name of community), as established in Section 102.3 of this ordinance. 102.3 Basis for establishing flood hazard areas. The Flood Insurance Study for {insert title FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 3 Packet Pg. 94 8.C.4.c of FIS} dated (insert date of FIS), and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the {Office/agency and address}. 102.4 Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 105 of this ordinance the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: (1) Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this ordinance and, as applicable, the requirements of the Florida Building Code. (2) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. 102.5 Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state or federal law. 102.6 Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this ordinance and any other ordinance, the more restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this ordinance. 102.7 Interpretation. In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. SECTION 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR 103.1 Designation. The {insert position title} is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. 103.2 General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to render interpretations of this ordinance consistent with the intent and purpose of this ordinance and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this ordinance without the granting of a variance pursuant to Section 107 of this ordinance. FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 4 Packet Pg. 95 8.C.4.c 103.3 Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall: (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this ordinance; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (7) Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this ordinance is demonstrated, or disapprove the same in the event of noncompliance; and (8) Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this ordinance. 103.4 Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre -damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and (4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this ordinance is required. 103.5 Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 5 Packet Pg. 96 8.C.4.c seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 107 of this ordinance. 103.6 Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this ordinance. 103.7 Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 106 of this ordinance for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. 103.8 Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to: (1) Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 103.4 of this ordinance; (2) Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); (3) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available; (4) Review required design certifications and documentation of elevations specified by this ordinance and the Florida Building Code to determine that such certifications and documentations are complete; (5) Notify the Federal Emergency Management Agency when the corporate boundaries of (name of community) are modified; and (6) Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." 103.9 Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this ordinance; notifications to adjacent FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 6 Packet Pg. 97 8.C.4.c communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at {location and instructions to request access, if applicable}. SECTION 104 PERMITS 104.1 Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this ordinance, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this ordinance and all other applicable codes and regulations has been satisfied. 104.2 Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this ordinance for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit. 104.3 Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this ordinance: (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. (3) Temporary buildings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices. (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non -wood features. (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 7 Packet Pg. 98 8.C.4.c (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps 104.4 Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information provided shall: (1) Identify and describe the development to be covered by the permit or approval. (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. (3) Indicate the use and occupancy for which the proposed development is intended. (4) Be accompanied by a site plan or construction documents as specified in Section 105 of this ordinance. (5) State the valuation of the proposed work. (6) Be signed by the applicant or the applicant's authorized agent. (7) Give such other data and information as required by the Floodplain Administrator. 104.5 Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any violation of this ordinance, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. 104.6 Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. 104.7 Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this ordinance or any other ordinance, regulation or requirement of this community. 104.8 Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (1) The (insert name) Water Management District; section 373.036, F.S. (2) Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C. (3) Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; section 161.141, F.S. FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 8 Packet Pg. 99 8.C.4.c (4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. (5) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. (6) Federal permits and approvals. SECTION 105 SITE PLANS AND CONSTRUCTION DOCUMENTS 105.1 Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this ordinance shall be drawn to scale and shall include, as applicable to the proposed development: (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. (2) Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 105.2(2) or (3) of this ordinance. (3) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 105.2(1) of this ordinance. (4) Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. (5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. (6) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. (7) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. (8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. (9) Existing and proposed alignment of any proposed alteration of a watercourse. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this ordinance but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this ordinance. FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 9 Packet Pg. 100 8.C.4.c 105.2 Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: (1) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. (2) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. (3) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: (a) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or (b) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. (4) Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. 105.3 Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: (1) For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 105.4 of this ordinance and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents. (2) For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood -carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 10 Packet Pg. 101 8.C.4.c certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood -carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 105.4 of this ordinance. (4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. 105.4 Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. SECTION 106 INSPECTIONS 106.1 General. Development for which a floodplain development permit or approval is required shall be subject to inspection. 106.2 Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 106.3 Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 106.4 Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator: (1) If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (2) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 105.2(3)(b) of this ordinance, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. 106.5 Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 106.4 of this ordinance. 106.6 Manufactured homes. The Floodplain Administrator shall inspect manufactured homes FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 11 Packet Pg. 102 8.C.4.c that are installed or replaced in flood hazard areas to determine compliance with the requirements of this ordinance and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator. SECTION 107 VARIANCES AND APPEALS 107.1 General. The (body designated to hear variances) shall hear and decide on requests for appeals and requests for variances from the strict application of this ordinance. Pursuant to section 553.73(5), F.S., the (body designated to hear variances) shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. 107.2 Appeals. The (body designated to hear variances) shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this ordinance. Any person aggrieved by the decision may appeal such decision to the Circuit Court, as provided by Florida Statutes. 107.3 Limitations on authority to grant variances. The (body designated to hear variances) shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 107.7 of this ordinance, the conditions of issuance set forth in Section 107.8 of this ordinance, and the comments and recommendations of the Floodplain Administrator and the Building Official. The (body designated to hear variances) has the right to attach such conditions as it deems necessary to further the purposes and objectives of this ordinance. 107.4 Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 105.3 of this ordinance. 107.5 Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. 107.6 Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this ordinance, provided the variance meets the requirements of Section 107.4, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. 107.7 Considerations for issuance of variances. In reviewing requests for variances, the (body designated to hear variances) shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this ordinance, and the FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 12 Packet Pg. 103 8.C.4.c following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the community; (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (6) The compatibility of the proposed development with existing and anticipated development; (7) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. 107.8 Conditions for issuance of variances. Variances shall be issued only upon: (1) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this ordinance or the required elevation standards; (2) Determination by the (body designated to hear variances) that: (a) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; (b) The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and (c) The variance is the minimum necessary, considering the flood hazard, to afford relief; (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and (4) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 13 Packet Pg. 104 8.C.4.c elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. SECTION 108 VIOLATIONS 108.1 Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this ordinance that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this ordinance, shall be deemed a violation of this ordinance. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this ordinance or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. 108.2 Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this ordinance and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. 108.3 Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law (or insert specific reference to state or local law). ARTICLE II DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown in this section. 201.2 Terms defined in the Florida Building Code. Where terms are not defined in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. 201.3 Terms not defined. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. SECTION 202 DEFINITIONS Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross -sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance. ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 14 Packet Pg. 105 8.C.4.c Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the "100-year flood" or the 1-percent-annual chance flood." Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 202.] Basement. The portion of a building having its floor subgrade (below ground level) on all sides [Also defined in FBC, B, Section 202; see "Basement (for flood loads)".] Coastal construction control line. The line established by the State of Florida pursuant to section 161.053, F.S., and recorded in the official records of the community, which defines that portion of the beach -dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions. Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 202.] (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.] Development. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 15 Packet Pg. 106 8.C.4.c Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before (date the community's first floodplain management ordinance was adopted). [Also defined in FBC, B, Section 202.] Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before {date the community's first floodplain management ordinance was adopted}. Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 202.] (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage -resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 202.] Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 202.] (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 202.] Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 202.] Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this ordinance (may be referred to as the Floodplain Manager). Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 16 Packet Pg. 107 8.C.4.c specific development activities that are located in flood hazard areas and that are determined to be compliant with this ordinance. Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 202.] Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as -built documentation, a FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 17 Packet Pg. 108 8.C.4.c Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light -duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or (2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or (3) Available with special features enabling off-street or off -highway operation and use. Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood -resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non -elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202.] Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.] Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this ordinance, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction. For the purposes of administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after {date the community's first floodplain management ordinance was adopted} and includes any subsequent improvements to such structures. New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after {date the community's first floodplain management ordinance was adopted}. Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in section 320.01, F.S.] Recreational vehicle. A vehicle, including a park trailer, which is: [See section 320.01, F.S.) FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 18 Packet Pg. 109 8.C.4.c (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light -duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, Al-A30, AE, A99, AH, V1430, VE or V. [Also defined in FBC, B Section 202.] Start of construction. The date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, or the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 202.] Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before -damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 202.] Substantial improvement. Any repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 202.] (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. [See Instructions and Notes] Variance. A grant of relief from the requirements of this ordinance, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this ordinance or the Florida Building Code. FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 19 Packet Pg. 110 8.C.4.c Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. ARTICLE III FLOOD RESISTANT DEVELOPMENT SECTION 301 BUILDINGS AND STRUCTURES 301.1 Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 104.3 of this ordinance, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Section 307 of this ordinance. 301.2 Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: (1) Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322. (2) Minor structures and non -habitable major structures as defined in section 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of this ordinance and ASCE 24. SECTION 302 SUBDIVISIONS 302.1 Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 302.2 Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: (1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats; (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 105.2(1) of this ordinance; and (3) Compliance with the site improvement and utilities requirements of Section 303 of this ordinance. FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 20 Packet Pg. 111 8.C.4.c SECTION 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS 303.1 Minimum requirements. All proposed new development shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 303.2 Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on -site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. 303.3 Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 303.4 Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 105.3(1) of this ordinance demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. 303.5 Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood -related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code. 303.6 Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 105.3(4) of this ordinance demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 307.8(3) of this ordinance. SECTION 304 MANUFACTURED HOMES 304.1 General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 21 Packet Pg. 112 8.C.4.c requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. 304.2 Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: (1) In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this ordinance. Foundations for manufactured homes subject to Section 304.6 of this ordinance are permitted to be reinforced piers or other foundation elements of at least equivalent strength. (2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this ordinance. 304.3 Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over -the -top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 304.4 Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 304.5 or 304.6 of this ordinance, as applicable. 304.5 General elevation requirement. Unless subject to the requirements of Section 304.6 of this ordinance, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). 304.6 Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 304.5 of this ordinance, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: (1) Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or (2) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. 304.7 Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such enclosed areas, as applicable to the flood hazard area. FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 22 Packet Pg. 113 8.C.4.c 304.8 Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area. SECTION 305 RECREATIONAL VEHICLES AND PARK TRAILERS 305.1 Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: (1) Be on the site for fewer than 180 consecutive days; or (2) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick - disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. 305.2 Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 305.1 of this ordinance for temporary placement shall meet the requirements of Section 304 of this ordinance for manufactured homes. SECTION 306 TANKS 306.1 Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. 306.2 Above -ground tanks, not elevated. Above -ground tanks that do not meet the elevation requirements of Section 306.3 of this ordinance shall: (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood -borne debris. (2) Not be permitted in coastal high hazard areas (Zone V). 306.3 Above -ground tanks, elevated. Above -ground tanks in flood hazard areas shall be elevated to or above the design flood elevation and attached to a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood Tank -supporting structures shall meet the foundation requirements of the applicable flood hazard area. 306.4 Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 23 Packet Pg. 114 8.C.4.c SECTION 307 OTHER DEVELOPMENT 307.1 General requirements for other development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the Florida Building Code, shall: (1) Be located and constructed to minimize flood damage; (2) Meet the limitations of Section 303.4 of this ordinance if located in a regulated floodway; (3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (4) Be constructed of flood damage -resistant materials; and (5) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. 307.2 Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 303.4 of this ordinance. 307.3 Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 303.4 of this ordinance. 307.4 Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 303.4 of this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 105.3(3) of this ordinance. 307.5 Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: (1) Structurally independent of the foundation system of the building or structure; (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and (3) Have a maximum slab thickness of not more than four (4) inches. 307.6 Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following: (1) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 24 Packet Pg. 115 8.C.4.c supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. (2) A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. 307.7 Other development in coastal high hazard areas (Zone V). In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; (2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and (3) On -site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. 307.8 Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas (1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. (3) Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach -dune morphology and the vertical clearance FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 25 Packet Pg. 116 8.C.4.c is maintained between the top of the sand dune and the lowest horizontal structural member of the building. (See instructions for technical amendments to FBC, if any, and insert here as a new SECTION 3; technical amendments may also be adopted by separate ordinance.) SECTION 3. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in (insert name of community or all unincorporated areas of the county). This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance. SECTION 4. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the (community's governing body) that the provisions of this ordinance shall become and be made a part of the (name of community's) Code of Ordinances, and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect on {insert date). PASSED on first reading {insert date). PASSED and ADOPTED in regular session, with a quorum present and voting, by the (governing body), upon second and final reading this (insert date). (Governing body) (Chief Elected Officer) ATTEST: (Manager/Clerk) APPROVED AS TO FORM: (Attorney) FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 26 Packet Pg. 117 8.C.4.d ORDINANCE 17-XXX c i 0 AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS r AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO AMEND o Z 6.05.00 FLOOD DAMAGE PREVENTION TO REPEAL CURRENT SECTIONS d 6.05.01 TO SECTION 6.05.07; TO ADOPT A NEW 6.05.00 FLOODPLAIN MANAGEMENT; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE; WHEREAS, the Florida Legislature has provided local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and , Whereas, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of St. Lucie County, Florida. Such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and WHEREAS, St. Lucie County was accepted for participation in the National Flood Insurance Program in 1994 and the County desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and, WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and, WHEREAS, the St. Lucie County Board of County Commissioners has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA that Chapter 6.05.00 Flood Damage Prevention is amended to repeal current regulations and further amended to adopt new Floodplain Management regulations as follows: PART A_ THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS: 6.05.00. - FLOOD DAMAGE PREVENTION Packet Pg. 118 8.C.4.d M O r L VA Centre! filing, grading, dredging and other development wNch may increase erosion or flood darnage� C L 0 (i Q ..hi.,h m ., FI.....J h-.-.-.r.J.- +., ..+h.,r I-....J.- 06 .eti...,s The .,hi.,ctiyes of this Sect"en a � N Q d N V 7 T.. m n dit, a ..f publie r.-. .. f..r .,.a+l., fl.,.,.d p ects. a t . ! lC L O at +h., ., of th., .. r-,I publi.,. 0 4 To minimizeprolonged business i.,t.,rr,.ptis.r s. 2 , telephea and s r lines streets and bridges I...,-.+...d in fl.....d..l- ns. 0 0 LL d areas mn such a manner as to mnmbze flood blight (n ! d 7. Toe ., that potential hs.rne buyers are otif esl that r. s.rty isin a flood area � a 0 .. juris,di,.ti „ of st G_ow ,t.. 0 N '-Rasus foF Establishing the Areas of Special Flood The by the EL d FedeFal EmeFgenEy Management Agency in 4S Floe dE InsuFance Study for St. Luek_- County, dated PebFUaFy IL LO refs.rs.n ss, ansl sl erlare sl ts. he rt of this !'.,.ds. LO O d vVithout full complianee with the tp-.rnqr- ef this. See-tio.n -and otheF applueable Fegulations. V C C L 0 4� L 0 G. Abrogation and GreateF This SeetieR as net intended te I I eF mFnpaaF any existing ..hieh.,...,r im st.i..gent r..striGti....s shall p -,il U r+ C c� C ci a+ a Packet Pg. 119 8.C.4.d ehapter does net amply that land eutside the aFeaS of special flood haZard er Uses peffnitted withiR M all be fFee from flooding OF flood damages. This chapter shall not create liability on the part of St. O r r eL.-..,+.,r ..r ..., administrative .J ..ci.-ffi..r I-,...f�.11., made +L..,.-.,. �...J 6 Z d C1 6 09 OPceir%r;;' T anrlcard` fnr frrvr�lAAd rru'card rcduC-44AP A. General Standards. in all areas ef special flood hazard the following provisions are required-- C L O 1. All new construction and substantial improvements shall be anchered to prevent flotation, cellapse (i 06 . _ fC of anchOFiRg may include, but are net limited to, use ef ever the top or frame ties to ground anchors. IZ Th"s shall be in addition to and censastent with applicable state requirements foF resisting d w.df. irrcr-rvrccT N V C L O 75 min*m*ze flood damage. -0 C0 G Q S. Electrical, heating, ventilation, plumbing, air conditioning equipment and other seFOce facilities sh LL d floodwaters nto the system, to 7. New and replaeement sanitary sewage systems shall be desigRed to minimize oF ekrnip-ate of flee d...-.+nrc bn+n the r .c+nrv.c and .discharges frern the systems i..+e flee d.. aters Q O C 0 r` n a t 4 er. fr..... +h P.m. rd-.... .riflee d*ng .N (n E L d LO LO 00 extended, replaced.er s= !I. All applie-ah-le ad-d-4iepal c =a State ef L , , O its shall -he maiptained- AM file mAth the development peFMit. State of PoFida peFFnits may inelude, PeFm but not limited L , (a) South PeFida Water Management Distrirzt� an aGGGFdanee with ChapteF 373.036 FIE)Fida Statutes, U 5estien(2) (a) Fleed or +,,,.+ien and Flea,d.,lain M..............em; ao r c m E r,...,..,r., and rhapt r 553 o-,r+ IV P c Cl..ri.da Building rr,d,.. C� a Packet Pg. 120 8.C.4.d M (c) Florida Department ef Health: in accordance with Chapter 381.0065 F.S. Onsite Sewage TFeatFnen-t O and Dispesal Systems; O Z d C1 with Gh-,..teff F.S. !`...,.-t„I /`A,...-trwieti..., -and. C...•ayati.,..• � (e) Florida Department of Environmental Pretection: for activities that affect wetlands and alteeirsurface L O water flows, Act; and �%f) U.S. Push and- I.A.1ildlife Serviee: PUFSuant te the EndangeFed Speeies Aet as amended. 1 I. 06 6.05.03. Specific standards for flood hazard reductien. a� CL in all areas of special flood hazard wheFe base fleod e evation data has been provided, as set fGFth Section 6.05.01(D) OF Section 6.05.07(B)(12), the following provisions are Fequi d' a� v A. Residential Gen-Ari-c-liem- New e-enstrue-tien and substantial impFevement ef any Fesidential building shall ca c L O equalization of hydFE)Statk flood forces on exteF i or walls shall be PFOVided in accordance with standaFds of Section 6.05.03(C). � C , industFialQ. , O O LL fleedpreefed in lieu ef being elevated pFevid-p-d- th-at all -are—as ef the building belew the FeqUiFed eleva d watertightwith walls substantially impeFmeable to the passage ofwaterand usestructural components to d a O C. Elevated Buildings: New censtruetie-A and- su-b-stantial impreverne-Ats ef elev-ated buildings that include fully c 0 designed to pFeelude finished living space and designed to allow feF the entFy and exit of fle-Red-40AA-Apelp-s-ta Iosed- areas fR-Fmed by feundatien and other exterier walls belew the hase fleed elevatien shall he U) L d IL LO 00 d v C R fGF eveFy squaFe feet of � �hj.,et to fl.,E)4, � J L /hl The h..ttem of all epeniRgs shall be Re higheF th-,..., ., (1) feet -.hove ...--,.J.,.J -,...J O , � fC L 0 I J they p ..•.it the a utematie flew of flee.1...-,t.,.s in h..th di✓.,rtieRS � U c m o..t.,.ieF .J.,...-1 a ..tFy to the living aFea (St-,i.-...-,., ., .,I.,..-,t...). and C a Packet Pg. 121 8.C.4.d 3. The interieF peFtien ef suEh endesed area shall net be finished OF partitioned iRtO SepaFate Feems, M O r B. c+•, r.J-,.-.J.- fnr w.f-.r+,.rpd h.,..;pr and r .+iAl;;;l ...hirl..-;. r O Z V C C parks or subdivisions, must rneet all the reqUiFernents for new constructien, including elevatien and Wig. 'a O 2. A.." rn-;;n---factured hornes plaEed or substantially improved ..n an existing rnanufaEtured herne park or Subdivesien mu -St be elev-ated- se that- V N Q at least an equivalent strength, of no less than thirty six (36) inches in height above grade. V C fC system te r ist fl..t•,ti...., eellapse and lateral ..•. nt � L O substantial damage as the result of a flood, any manufactured home placed or substantially CCO MpFoved must Fneet the standards of Sections 6.05.03(D)(2)(a) and (E�. G 3. All r eati..n•,I ..,hieles nl• eed . sites r+ ei.th.,r: Q O (a) Be fell., lieen-s...l and- r.,•,. y f..r highwayuse; O d /h1 Be on the site fer f.,..,.,r than one hundred eighty (180) consecutive days; o U) (e) The recreational vehicle must meet all the Fequirernents for AP-MV E-G;A-StFHetien, anehOFiRg n.d .,I.,..•.+i..n r ntc of c.,.•tinns c n5 n3(n)l2)(a) threugh !el a O C 0 enly by quick diseenneet type utilities amd- seeurity deviees and has ne permanently attaeh,-Qd- Structures. (n E Floodwaysi Located wkWn areas of special flood hazard estabikhed SPE-tiOR 6 W; 01 D), aFe aFeas L d IL desigRated as floodways. Since the floodway is an e)(tFemely hazardous area due to the velocky-4 LO LO 00 shall annll. i v m I. PreheNt enerm-.;;tEh.m.e-Ats, ineluding fell, new eenstFuetien, substantial a mprevements and- ether s= c =a L rliiriRg .. ..f th., h-.-e fleed rdi.-nhaFgA O fC L 0 U • , r c m t c� a Packet Pg. 122 8.C.4.d Section • M O r 6.05.01(D), aFe aFeas designated as re-e-a-stal high hai!aFd The -se iffeas have spercial fleed- haza Z asssseeeia+.,.J ..,i+L.wave -..-L.. +h.,.-.,f., r., the feliewing pFevisiens shall ..I.,+ y u 1. All new constFuctkm and substantial improvements shall be located 11-andmAmard- of the reach of the mean h; gh tide. E :i .floer tructural rnemhpr of thp is >Z d r 06 All h--ml.d.m.,. s or structures shall be securely anchored on pilings or col � N 4. All pile and column foundatkms and StFLICtures attached theFeto shall be anchored te resist flotatio-rv, collapse, and lateFal movement due to the effect of wind and water loads acting simultaneously on all >Z d N V b6leldeng eempA-.Pp-.mt--;. leading values shall equal eF pexrep-per-I thp- base fleed— 0.4ind- Ileading values C Shall be i ...i+h the pFevisiens ..f C.,.•+iAn 1 R nn nn ..f +him I^...d., � L 0 conStFUctien are in compliance with PFOViSions contained in Sections 6.05.03(F)(2), (3) and (4). G 6. The FloodpWn AdminiStFator shall obtain and rnaintain a reCOFd of the elevation (in relation to me -an r- ig Q 0 0 M d emtherfree of obstFuction OF constructed with nonsuppOFting bFeal(away walls, openwood lattice worl(7 (n &placement' have a gn safe a 0 m-f mn-t 'p-SS th-;;n I-Q- -;;nd- mm- Mere than 20 peunds peF squaFe feet. lose ef -hreakaway walls .. v.oh*rCh extee-e-al a design safe leading Fesistance ef 20 peunds peF squaFe feet (either by design eF when 0 N L d a LO 00 d C� C R collapse, , Shall be these v-aluies -asse-e-i-ated- vVith the base fleed. The vVind lead v Rg values hall hp thnc;p 0 L , if meFe stFingent thaR these of the State of , L + ..,d-,.,damSueh spaee shall Ret be finished, partitiened iRte multiple reems, er tempeFature centre —lied. 0 (c) Sueh enclesed space shall be useable selely fer parking ef vehieles, bUildiRg aeeess, eF StGFage. U 8. T-heFe shall be Re fill SUPPOFt. Limited non compaeted fell may be are-und- r c m c� tv a Packet Pg. 123 8.C.4.d M O r O Z d c cv C :a L 0 (i Q 06 Q V a m L 0 FD 0 2 C M Q 0 0 U_ _._.__._.. ____ _.._ ._a_.___.! ..___.._I ..___ ___.- r._..___ _. ___.a..____ _! _.._ ___. _. _... _.a_.._! d M-...-,...,meRt A..e.,n.. the foliowing provisionsshall pl... h d a 0 .. c ! 0 �W- E L d IL LO LO 00 Shall apply. The Cl....dpl-,i.. Ardmini-strater-;h-.II. m s= c =a L O Y ! Avith the FeqUiFements of Section 0 1 U (c) Maintain a FeEeFd of all s ..h infer.. atian 00 r+ C cd C ci a+ a Packet Pg. 124 8.C.4.d w V m vAe.re He hase fle-e-d- data has been pFevided- A—r ;.A.ohp-.rp- ne fleedways have been , the felle 75 A. No encroachments, including fill material E)F StFLICtUFes shall be located in aFeas of spedal flood hazard- - V OO unless certfication by a registered professional engineeF iS provided demonstrating that the cumulatix— C effect of the proposed development, when cornNned with all other existing and anticipated developm .9 O LL d B. New constructmon and substantmal improvements of buildings shall be elevated OF floodproofed ta (n oleyatmons est-.hlushed accordance wroth Sectmon c n5 03(A) through (D) d O .-1 C O_ fleed damage. (n E All subdMsion pFoposals and otheF proposed Rew development shall have pubkc and fae4hfies such L d IL LO LO 00 r All h.J'..'c.nri - It m s= c L 0 fleediRg • These areas have special L the.refe.re the fell....,ing pFeViSiE)RSply. q Iq U neluding basement, elevated to the depth numbeF specified en the Ple-ed Rate Map, in feet-, c G1 above the highest adjaeent gFade. if ne depth numbeF us specified, the lowest fleeF, ineluding baseme4+t-, E Shall be elevated at 1part twp (2) feet -.hove the Wghest -..Ji-.cent ...-ade C� a+ a Packet Pg. 125 8.C.4.d M O B. new constFuctkm and substantial r r 1. Have the lewest fleeF, ineluding basement, elevated te the depth numbeF sper.ified- AM the Fleed O Z Rate Map, in feet, abeve the highest adjaeent grade. Of ne depth nufflbeF is speGified, the v lewest fl9eF, including basement, shall be elev-pited- at le-ast twe (2) feet abeve the highest adjaGent c to OF C :a L O 2. Together with attendant utility and sanitaFy facilities be completely floodpreefed te or abeve that se that any space below that level as watertight with walls substantially impermeable te the passage of (i Q 06 C. Adequate drainage paths areuRd structures shall be previded on slepes te guide water away from fC N structures.d N V C fC C L O fOFMS furnished by Wm OF her prior to any development activities, and may include, but not be limited to-, -0 the follewing plans in duplicate drawn to scale showing the nature, locatien, dimensions and elevations ef the area in questien; existing or proposed StFLIctures, eaFthen fill, stE)Fage of materWs or equipm • Q O LL a. Elevatk)n n Felation te mean sea level of the proposed IOWeSt flOOF (including basement) of all d (n a O c 0 N U) 6ncnT E d IL LO proposed developmeRt. LO 00 that they have developed and�E)F Feviev.ged_ the Struir-A-ural deSigRS, SPP_GAfiG_R*iA_.A_S -;;Ad plans of the s= c L L U placement of h izon+-,I .-+.uc4up-.I .,., h.,.s of the I.,..,.,. -+flee.- C cy C b. No structural construction beyond the found-atieR Shall be �;;-Aherized_ untO the requiFed flood ci a+ a Packet Pg. 126 8.C.4.d M r r O Z c uhmit to the Flee dr.lain A.dministrater• C L ('I) A certificationof the elevation of the 1.,west fleer• ., O ci t9 r r, � , applicable, 06 whichever as in relation to mean sea level.N Q d. SaW certficatien shall be prepared by er under the direct supeFOSiOn Of a registered land SUFveyE).r er PFE)fessmE)nal en&eeF and certified by same. When fleodproofing is utihzed fOF a particular N V C er r.,hit.,rt and e.,rtifie d by s � L O detected by such review shall be cerrected by the permit holder immediately and pNor to further progressive work being permkted te proceed. Failure to submit the sUFvey Or failUFe W Make said 2 CE)Frectiens required hereby, shall be cause to issue a stE)pwE)rl( order for the development. .9 .,I,,.d., but net he limited- t&. 2 LL d 'I Review permits to assuFe sites a reasonably safe frE)M flee dir... U) 2. Revew all development permits te ass6lFe that the PeHnk FequiFe.m.e_.nt_,; A-f tWS h;_;yp_ been 'a Q C 0 to L d • Not4yiRg adjaceRt GGMMURities, a LO 00 .itherit., p rierte a ny aI+.,r-.tiA_A A- .,IA--.+i..A A-f-,-.+....,..61 rse � m c =a L O Y • E)fL that the flee d t., is maiRtaineck0 U r c 'r L V Zo a Packet Pg. 127 8.C.4.d M O r O 9. in Geastal High Hazard areas ceoificatie—n Shall be A-kained fre.m. a registeFed PFefessienal eRgiReeF eF Z d to 10. in Ceastal High Hazard areas, the Fleedplain Administrater shall review plans for the adequacy -of breakaway walls in accordance with Section 6.05.03(F)(7). C :a L N ci Q ' ,--;hall ebtain d 06 12. Where interpretation is needed as to the exact lecatien of beundaries of the areas of special fl fC N Q hazard (for example, where there appears to be a conflict between a Mapped bE)undaFy and aCtUal field a) contesting the location of the boundaFy shall be given a reasonable oppWtUnity tO appeal the The peFSon V C L 0 6.05.01(D), then the Pleedpl;-;*i;.4.-dn;mne,-;tr;-;*eF shall ebtain, revie;.v-andl reasenably utilize any base fleed (D I elevat*on and floodway data avadable from a federal, state or other source, in OFdeF to administer the -0 CCO 6.05G Q Ad-R;i.. i-#r-. er and shall be e n fee public i ectien O O LL . Th is p-r-Ew sien shall not preclude enforcement of this section in the Orcuit Court or as otheFwise autherized by (n I'`., 4w- d Part B. Q O Chapter 6.05.00 FloodPlain Manager. O ARTICLE I ADMINISTRATION ui E L SECTION 101 GENERAL m IL LO 101.1 Title. These regulations shall be known as the Floodplain Management Ordinance of St. Lucie County, "O 00 hereinafter referred to as "this ordinance." m 101.2 Scope. The provisions of this ordinance shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from 0 the Florida Building Code; placement, installation, or replacement of manufactured homes and L manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. v U 101.3 Intent. The purposes of this ordinance and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, m and general welfare and to minimize public and private losses due to flooding through regulation of E t development in flood hazard areas to: 11 a Packet Pg. 128 8.C.4.d (1) Minimize unnecessary disruption of commerce, access and public service during times of flooding; c i (2) Require the use of appropriate construction practices in order to prevent or minimize future flood G r damage; r (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment Z or materials. and other development which may increase flood damage or erosion potential: d (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (5) Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22. 101.4 Coordination with the Florida Building Code. This ordinance is intended to be administered and enforced in coniunction with the Florida Buildina Code. Where cited. ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. 101.5 Warning. The degree of flood protection reauired bvthis ordinance and the Florida Buildina Code. as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance. 101.6 Disclaimer of Liability. This ordinance shall not create liability on the part of St. Lucie County Board of County Commissioners of St. Lucie County or by any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific reauirement shall be applicable. 102.2 Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas within the St. Lucie Countv. as established in Section 102.3 of this ordinance. 102.3 Basis for establishing flood hazard areas. The Flood Insurance Studv for Flood Insurance studv for St. Lucie County dated February 16, 2012, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the Planning and Development Department located at 2300 Virginia Avenue Fort Pierce, FL 34982. 102.4 Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 105 of this ordinance the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: (1) Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard 12 Packet Pg. 129 8.C.4.d area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this c i 0 ordinance and, as applicable, the requirements of the Florida Building Code. r (2) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard r area unless the applicant obtains a Letter of Map Change that removes the area from the special flood c Z ha7ar(i araa_ G) 102.5 Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state or farlaral la%ni 102.6 Abrogation and greater restrictions. This ordinance supersedes anv ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this ordinance and any other ordinance, the more restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this nrrlinanra_ 102.7 Interpretation. In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. SECTION 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR 103.1 Designation. The Planning and Development Director is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. 103.2 General. The Floodolain Administrator is authorized and directed to administer and enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to render interpretations of this ordinance consistent with the intent and purpose of this ordinance and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this ordinance without the granting of a variance pursuant to Section 107 of this ordinance. 103.3 Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall: (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this ordinance: (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (7) Issue floodplain development permits or approvals for development other than buildings and structures that are subiect to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this ordinance is demonstrated, or disapprove the same in the event of noncompliance; and (8) Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of 13 Packet Pg. 130 8.C.4.d this ordinance. 0 103.4 Substantial improvement and substantial damage determinations. For applications for building permits to r improve buildings and structures, including alterations, movement, enlargement, replacement, repair, c Z change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain R Administrator, in coordination with the Building Official, shall: (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a aualified independent aooraiser. of the buildine or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre -damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and (4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Buildina Code and this ordinance is reauired. 103.5 Modifications of the strict aoolication of the reauirements of the Florida Buildina Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 107 of this ordinance. 103.6 Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this ordinance. 103.7 Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 106 of this ordinance for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. 103.8 Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, includin but not limited to: (1) Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 103.4 of this ordinance; (2) Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); (3) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available; (4) Review required design certifications and documentation of elevations specified by this ordinance and the Florida Building Code to determine that such certifications and documentations are complete; (5) Notify the Federal Emergency Management Agency when the corporate boundaries of St. Lucie County are modified; and (6) Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is 14 Packet Pg. 131 8.C.4.d not available on such construction; areas subject to this limitation are identified on Flood Insurance Rate c i Maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." G r r 103.9 Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this ordinance; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at Planning and Development Department. SECTION 104 PERMITS 104.1 Permits reauired. Anv owner or owner's authorized aeent (hereinafter "applicant") who intends to undertake any development activity within the scope of this ordinance, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this ordinance and all other applicable codes and regulations has been satisfied. 104.2 Floodplain development permits or aoprovals. Floodolain development Dermits or approvals shall be issued pursuant to this ordinance for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or aooroval is reauired in addition to a building permit. 104.3 Buildings. structures and facilities exempt from the Florida Buildina Code. Pursuant to the reauirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subiect to the reauirements of this ordinance: (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. (3) Temporary buildings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices. (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non -wood features. (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional s sy tem. (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such 15 Packet Pg. 132 8.C.4.d structures are located in flood hazard areas established on Flood Insurance Rate Maps 0 104.4 Application for a permit or approval. To obtain a floodplain development permit or approval the applicant r shall first file an application in writing on a form furnished by the community. The information provided c Z shall: d (1) Identify and describe the development to be covered by the permit or approval. (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. (3) Indicate the use and occupancy for which the proposed development is intended. (4) Be accompanied by a site plan or construction documents as specified in Section 105 of this ordinance. (5) State the valuation of the proposed work. (6) Be signed by the applicant or the applicant's authorized agent. (7) Give such other data and information as required by the Floodplain Administrator. 104.5 Validitv of permit or approval. The issuance of a floodplain development permit or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any violation of this ordinance, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from reauirinE the correction of errors and omissions. 104.6 Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a Deriod of 180 days after the work commences. Extensions for oeriods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. 104.7 Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this ordinance or any other ordinance, regulation or requirement of this community. 104.8 Other permits reauired. Floodplain development Dermits and building Dermits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (1) The South Florida Water Management District; section 373.036, F.S. (2) Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C. (3) Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; section 161.141, F.S. (4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. (5) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows. in coniunction with the U.S. Armv Coros of Engineers: Section 404 of the Clean Water Act. (6) Federal permits and approvals. SECTION 105 SITE PLANS AND CONSTRUCTION DOCUMENTS 105.1 Information for development in flood hazard areas. The site Dlan or construction documents for an development subject to the requirements of this ordinance shall be drawn to scale and shall include, as applicable to the proposed development: (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. 16 Packet Pg. 133 8.C.4.d (2) Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, c i they shall be established in accordance with Section 105.2(2) or (3) of this ordinance. G r (3) Where the parcel on which the proposed development will take place will have more than 50 lots or is r larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance c Z Studv. such elevations shall be established in accordance with Section 105.2(1) of this ordinance. d (4) Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. (5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. (6) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. (7) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. (8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. (9) Existing and proposed alignment of any proposed alteration of a watercourse. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this ordinance but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this ordinance. 105.2 Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: (1) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. (2) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. (3) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: (a) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or (b) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. (4) Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. and that it shall be the responsibility of the applicant to satisfv the submittal reauirements and oav the processing fees. 105.3 Additional analvses and certifications. As applicable to the location and nature of the oroposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: (1) For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 105.4 of this ordinance and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the 17 Packet Pg. 134 8.C.4.d site plan and construction documents. c i (2) For development activities proposed to be located in a riverine flood hazard area for which base flood G r elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been r designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed c Z development, when combined with all other existing and anticipated flood hazard area encroachments, will 0) not increase the base flood elevation more than one (1) foot at any point within the community. This R requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. L (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood -carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood -carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 105.4 of this ordinance. (4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analvsis that demonstrates that the proposed alteration will not increase the potential for flood damage. 105.4 Submission of additional data. When additional hvdrologic. hvdraulic or other engineering data. studies. and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMS, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal reauirements and orocessing fees shall be the resaonsibility of the applicant. SECTION 106 INSPECTIONS 106.1 General. Development for which a floodplain development permit or approval is required shall be subject to inspection. 106.2 Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 106.3 Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 106.4 Buildings. structures and facilities exempt from the Florida Buildina Code. lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator: (1) If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (2) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 105.2(3)(b) of this ordinance, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. 106.5 Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 18 Packet Pg. 135 8.C.4.d 106.4 of this ordinance. 106.6 Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this ordinance and the conditions of the issued permit. Upon placement of a manufactured home. certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator. SECTION 107 VARIANCES AND APPEALS 107.1 General. The Board of Adjustment shall hear and decide on requests for appeals and requests for variances from the strict application of this ordinance. Pursuant to section 553.73(5), F.S., the Board of Adjustment shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. 107.2 Aaaeals. The Board of Adiustment shall hear and decide appeals when it is alleged there is an error in an requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this ordinance. Any person aggrieved by the decision may appeal such decision to the Circuit Court. as provided by Florida Statutes. 107.3 Limitations on authority to grant variances. The Board of Adjustment shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 107.7 of this ordinance, the conditions of issuance set forth in Section 107.8 of this ordinance, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Board of Adjustment has the right to attach such conditions as it deems necessary to further the purposes and objectives of this nrriinanca 107.4 Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications reauired in Section 105.3 of this ordinance. 107.5 Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. 107.6 Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this ordinance, provided the variance meets the requirements of Section 107.4, is the minimum necessary considering the flood hazard. and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. 107.7 Considerations for issuance of variances. In reviewing reauests for variances. the Board of Adiustment shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this ordinance, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; 19 Packet Pg. 136 8.C.4.d (4) The importance of the services provided by the proposed development to the community; c i (5) The availability of alternate locations for the proposed development that are subject to lower risk of 0r flooding or erosion; r (6) The compatibility of the proposed development with existing and anticipated development; Z (7) The relationship of the proposed development to the comprehensive plan and floodplain management 0) program for the area; R (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and a� (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. Q- 107.8 Conditions for issuance of variances. Variances shall be issued only upon: (1) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this ordinance or the required elevation standards; (2) Determination by the Board of Adiustment that: (a) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable: increased costs to satisfv the requirements or inconvenience do not constitute hardship; (b) The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances: and (c) The variance is the minimum necessary, considering the flood hazard, to afford relief; (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and (4) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as 525 for 8100 of insurance coverage). and stating that construction below the base flood elevation increases risks to life and property. SECTION 108 VIOLATIONS 108.1 Violations. Anv development that is not within the scope of the Florida Buildina Code but that is regulated b this ordinance that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this ordinance, shall be deemed a violation of this ordinance. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this ordinance or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. 108.2 Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this ordinance and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. 108.3 Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order. except such work as that person is directed to perform to remove or remedv a violation or unsafe condition, shall be subject to penalties as prescribed by law. 20 Packet Pg. 137 8.C.4.d ARTICLE II DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown in this section. 201.2 Terms defined in the Florida Building Code. Where terms are not defined in this ordinance and are defined in the Florida Buildina Code. such terms shall have the meanings ascribed to them in that code. 201.3 Terms not defined. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. SECTION 202 DEFINITIONS Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross -sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Aooeal. A reauest for a review of the Floodolain Administrator's interaretation of anv Drovision of this ordinance. ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 202.1 The base flood is commonly referred to as the "100-year flood" or the "1-percent-annual chance flood." Base flood elevation. The elevation of the base flood. includine wave height. relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 202.1 Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 202; see "Basement (for flood loads)".] Coastal construction control line. The line established by the State of Florida Dursuant to section 161.053. F.S.. and recorded in the official records of the community, which defines that portion of the beach -dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather rnnditinnc Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 202.1 (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood 21 M O r Packet Pg. 138 8.C.4.d elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth G r number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined r in FBC, B, Section 202.1 z Development. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbine activities. Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before December 20, 2011. [Also defined in FBC, B, Section 202.1 Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum. the installation of utilities. the construction of streets. and either final site eradine or the pouring of concrete pads) is completed before December 20, 2011. Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from [Also defined in FBC, B, Section 202.1 (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage -resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 202.1 Flood hazard area. The ereater of the followine two areas: (Also defined in FBC. B. Section 202. (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 202.1 Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 202.1 Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this ordinance (may be referred to as the Floodplain Manager). 22 Packet Pg. 139 8.C.4.d M Floodplain development permit or approval. An official document or certificate issued by the community, or other G r evidence of approval or concurrence, which authorizes performance of specific development activities that r are located in flood hazard areas and that are determined to be compliant with this ordinance. z Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC. B. Section 202.1 Floodwav encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical, Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure. Anv structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Studv. Letters of Map Change include: Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. Conditional Letter of Mao Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as -built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light -duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: 23 Packet Pg. 140 8.C.4.d (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or c i (2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or 0r (3) Available with special features enabling off-street or off -highway operation and use. r Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood -resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non -elevation reauirements of the Florida Building Code or ASCE 24. [Also defined in FBC. B. Section 202 Manufactured home. A structure. transportable in one or more sections. which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 1SC- 1.0101, F.A.C.] Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value. The Drice at which a Drooertv will chance hands between a willine buver and a willine seller. neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this ordinance, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adiusted to approximate market value by a factor provided by the Property Appraiser. New construction. For the purposes of administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after December 20, 2011 and includes any subsequent improvements to such structures. New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum. the installation of utilities. the construction of streets. and either final site grading or the Dourina of concrete pads) is completed on or after December 20, 2011. Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to Drovide seasonal or temporary living auarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in section 320.01, F.S.] Recreational vehicle. A vehicle, including a Dark trailer, which is: [See section 320.01. F.S. (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light -duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone A, AO, Al-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 202.1 Start of construction. The date of issuance of permits for new construction and substantial improvements, provided 24 Packet Pg. 141 8.C.4.d the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other c i improvement is within 180 days of the date of the issuance. The actual start of construction means either G r the first placement of permanent construction of a building (including a manufactured home) on a site, r such as the pouring of slab or footings, the installation of piles, or the construction of columns. c Z Permanent construction does not include land preparation (such as clearing. grading. or filling). the d installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC. B Section 202.1 Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before -damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 202.1 Substantial improvement. Anv repair. reconstruction. rehabilitation. alteration. addition. or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 202.1 (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. (See Instructions and Notesl Variance. A grant of relief from the requirements of this ordinance, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this ordinance or the Florida Building Code. Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. ARTICLE III FLOOD RESISTANT DEVELOPMENT SECTION 301 BUILDINGS AND STRUCTURES 301.1 Design and construction of buildings. structures and facilities exempt from the Florida Buildina Code. Pursuant to Section 104.3 of this ordinance, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the reauirements of Section 307 of this ordinance. 301.2 Buildings and structures seaward of the coastal construction control line. If extending. in whole or in part seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: (1) Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322. (2) Minor structures and non -habitable major structures as defined in section 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of this ordinance and ASCE 24. 25 Packet Pg. 142 8.C.4.d SECTION 302 SUBDIVISIONS 302.1 Minimum reauirements. Subdivision proposals. including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 302.2 Subdivision slats. Where anv portion of proposed subdivisions. including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: (1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats; (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 105.2(1) of this ordinance; and (3) Compliance with the site improvement and utilities requirements of Section 303 of this ordinance. SECTION 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS 303.1 Minimum reauirements. All DroDosed new development shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 303.2 Sanitary sewage facilities. All new and replacement sanitary sewage facilities. Drivate sewage treatment plants (including all pumping stations and collector systems), and on -site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. 303.3 Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 303.4 Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 105.3(1) of this ordinance demonstrates that the Dr000sed development or land disturbing activitv will not result in anv increase in the base flood elevation. 303.5 Limitations on placement of fill. Subiect to the limitations of this ordinance. fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood -related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code. 303.6 Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department 26 Packet Pg. 143 8.C.4.d of Environmental Protection and only if the engineering analysis required by Section 105.3(4) of this c i ordinance demonstrates that the proposed alteration will not increase the potential for flood damage. G r Construction or restoration of dunes under or around elevated buildings and structures shall comply with r Section 307.8(3) of this ordinance. z SECTION 304 MANUFACTURED HOMES 304.1 General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. 304.2 Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: (1) In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this ordinance. Foundations for manufactured homes subiect to Section 304.6 of this ordinance are permitted to be reinforced piers or other foundation elements of at least equivalent strength. (2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this ordinance. 304.3 Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over -the -top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 304.4 Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 304.5 or 304.6 of this ordinance, as applicable. 304.5 General elevation reauirement. Unless subiect to the reauirements of Section 304.6 of this ordinance. all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as apmlicable to the flood hazard area. in the Florida Buildina Code. Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). 304.6 Elevation reauirement for certain existing manufactured home Darks and subdivisions. Manufactured homes that are not subject to Section 304.5 of this ordinance, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: (1) Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V • or (2) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. 304.7 Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Buildina Code. Residential Section R322.2 or R322.3 for such enclosed areas. as applicable to the flood hazard area. 27 Packet Pg. 144 8.C.4.d 304.8 Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, c i plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements 0r of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area. r SECTION 305 RECREATIONAL VEHICLES AND PARK TRAILERS 305.1 Temoorary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall (1) Be on the site for fewer than 180 consecutive days; or (2) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick -disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. 305.2 Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 305.1 of this ordinance for temporary placement shall meet the requirements of Section 304 of this ordinance for manufactured homes. SECTION 306 TANKS 306.1 Undereround tanks. Undereround tanks in flood hazard areas shall be anchored to prevent flotation. collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. 306.2 Above -ground tanks, not elevated. Above -ground tanks that do not meet the elevation requirements of Section 306.3 of this ordinance shall: (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood -borne debris. (2) Not be permitted in coastal high hazard areas (Zone V). 306.3 Above -ground tanks, elevated. Above -ground tanks in flood hazard areas shall be elevated to or above the design flood elevation and attached to a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank -supporting structures shall meet the foundation reauirements of the applicable flood hazard area. 306.4 Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. SECTION 307 OTHER DEVELOPMENT 307.1 General reauirements for other development. All development. including man-made chanties to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the Florida Building Code, shall: (1) Be located and constructed to minimize flood damage; (2) Meet the limitations of Section 303.4 of this ordinance if located in a regulated floodway; (3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (4) Be constructed of flood damage -resistant materials; and (5) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of 28 Packet Pg. 145 8.C.4.d the electrical part of building code for wet locations. c i 0 307.2 Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage r of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 303.4 c Z of this ordinance. 307.3 Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 303.4 of this ordinance. 307.4 Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings. including roads bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 303.4 of this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 105.3(3) of this ordinance. 307.5 Concrete slabs used as Darkine Dads. enclosure floors. landings. decks. walkways. Datios and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: (1) Structurally independent of the foundation system of the building or structure; (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and (3) Have a maximum slab thickness of not more than four (4) inches. 307.6 Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following: (1) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. (2) A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. 307.7 Other development in coastal high hazard areas (Zone V). In coastal high hazard areas. development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to 29 Packet Pg. 146 8.C.4.d adjacent buildings and structures. Such other development activities include but are not limited to: c i (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; G r (2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail r under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; c Z and d (3) On -site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. 307.8 Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: (1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be Permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. (3) Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach -dune morphology and the vertical clearance is maintained between the too of the sand dune and the lowest horizontal structural member of the building. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART F. CODIFICATION. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section' or other appropriate word. PART G. FILING WITH FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to Florida Division of Emergency Management at 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and email to flood.ordinance@em.mvflorida.com PART H. FILING WITH THE DEPARTMENT OF STATE. 30 Packet Pg. 147 8.C.4.d M The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of G r Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. r 6 z PART I. EFFECTIVE DATE. d This Ordinance shall be effective upon filing with the Department of State. PART J. ADOPTION. ATTEST: After motion and second, the vote on this ordinance was as follows: Commissioner Chris Dzadovsky, Chairman XXX Commissioner Tod Mowery, Vice Chairman XXX Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED this day of 2018. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman 31 APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney .r a Packet Pg. 148 8.C.5 ITEM NO. RES-2017-265 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Heather Young, Asst. County Attorney County Attorney DATE: 11/21/2017 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Approving Facilities Use Agreement with WIRA Christmas Kids, Inc. WIRA Christmas Kids of St. Lucie County, Inc., which operates WPSL Christmas Kids of St. Lucie County, has requested the use of space in the Logistics Center for the storage of items collected for its 2017 toy drive. Pursuant to the proposed Facilities Use Agreement, Christmas Kids would be permitted to use approximately 3,000 square feet in the building from November 22, 2017 through and including December 31, 2017. A copy of a proposed resolution approving the agreement is also attached to this agenda item. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board adopt the proposed resolution approving the Facilities Use Agreement with WIRA Christmas Kids of St. Lucie County, Inc., and authorize the Chairman to sign the resolution and the Facilities Use Agreement. COMMISSION ACTION: Packet Pg. 149 8.C.5 Coordination/Signatures Danie S. McIntyre, county ttorney 11/17/2017 Updated: 11/17/2017 10:44 AM by Katrina Slay Page 2 Packet Pg. 150 8.C.5.a RESOLUTION NO. 17-XX A RESOLUTION ALLOWING WIRA CHRISTMAS KIDS OF ST. LUCIE COUNTY, INC., A 501(c)(3) ORGANIZATION, THE USE OF SPACE AT THE ST. LUCIE COUNTY LOGISTICS CENTER, FOR ITS 2015 TOY DRIVE; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, WIRA Christmas Kids of St. Lucie County, Inc., a 501(c)(3), ("Christmas Kids"), has requested the use of space in the St. Lucie County Logistics Center, (the "Site'), to collect, pack and distribute toys in conjunction with its 2017 WPSL Christmas Kids Toy Drive; and WHEREAS, Section 125.38, Florida Statutes (2017) requires that any not for profit organization wishing to use any real or personal property that may be owned by any county or this state or by its board of county commissioners, for public or community interest and welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such property is required for such use and is not needed for County purposes, the Board can allow the use of such property; and WHEREAS, the County desires to make the subject property available to Christmas Kids for its 2017 WPSL Christmas Kids Toy Drive. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida The Board does hereby grant permission to WIRA Christmas Kids of St. Lucie County, Inc., to use the Site for the collection, storage, and distribution of toys for its 2017 WPSL Christmas Kids Toy Drive. 2. The term of this use shall begin on November 22, 2017 and run through and including December 31, 2017, unless otherwise terminated. After motion and second, the vote on this resolution was as follows: Chairman Chris Dzadovsky XX Vice -Chairman Tod Mowery XX Commissioner Linda Bartz XX Commissioner Frannie Hutchinson XX Commissioner Cathy Townsend XX PASSED AND DULY ADOPTED this day of 2017. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ti Packet Pg. 151 8.C.5.a APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Q Packet Pg. 152 8.C.5.b FACILITIES USE AGREEMENT THIS AGREEMENT made and entered into on this day of , 2017, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and WIRA CHRISTMAS KIDS OF ST. LUCIE COUNTY, INC., a Florida non profit corporation, referred to as "Agency". WITNESSETH: WHEREAS, the County owns a facility located at 3855 S. U.S. Highway 1, Fort Pierce, Florida, hereinafter referred to as the "Facility"; and, WHEREAS, the Agency desires to use a portion of the Facility on a temporary basis to store and pack toys and other items collected during for its 2017 WPSL Christmas Kids toy drive; and, WHEREAS, the County is willing to enter into this agreement with the Agency to permit it to temporarily use the facility as requested. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. SITE The parties acknowledge and agree that the Facility is located at 3855 S. U.S. Highway 1, Fort Pierce, Florida, and shall consist of the main building and grounds. 2. USE OF FACILITY The Agency shall use the Facility to store and pack toys and related items collected during its annual toy drive. The Agency shall coordinate access to the Facility with the St. Lucie County Facilities Director or his designee (the "Director"). The County shall provide approximately 3,000 square feet in a location at the Facility to be determined by the Director In addition, the Agency shall be permitted to distribute the toys from a location in the Facility 1 Packet Pg. 153 8.C.5.b parking lot approved by the Director. Distribution of the toys shall be limited to a one day event not to exceed eight (8) hours. 3. TERM The term of this Agreement shall be for the period beginning on November 22, 2017 through and including December 31, 2017, unless otherwise terminated as provided herein. The term of this Agreement may be renewed upon mutual agreement of the parties upon the same terms and conditions. Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party. 4. PERSONNEL The Agency represents that it has, or will secure at its own expenses, all necessary employees and volunteers required to perform the services under this Agreement. All employees employed by the Agency shall not be employees of or have any contractual relationship with the County. 5. INDEMNIFICATION AGAINST CLAIMS The Agency is and shall be an independent contractor and operator, responsible to all parties for its acts and omissions and the County shall in no way be responsible for such acts or omissions. The Agency shall and will indemnify and hold harmless the County from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupation, management, or control of the Facility by the Agency or its agents, servants, employees, customers, clients, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Agency or its agents, servants, employees, customers, clients, patrons, or invitees, whether in the Facility or on the premises, or resulting from injury to person or property, or loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement, in or about the Facility or the premises (except for injuries, damages or claims which are the result of the primary negligence of the County and for which the County is legally, directly, and primarily liable). The Agency further agrees to undertake at its own expense the defense of any action brought against the 2 Packet Pg. 154 8.C.5.b County claiming damages arising out of, in connection with, or by reason of the Agency's use of the Facility except that in the event the claim is finally determined to have arisen due to the negligence or acts of the County, the County agrees to reimburse the Agency for the actual expenses incurred by the Agency in defending the County. The County agrees to cooperate in any defense by the Agency. In consideration of this indemnification obligation, the Agency agrees to pay the County the amount of one and 00/100 dollars ($1.00) which amount shall be due and payable on December 1, 2017. 6. NO LIEN CREATED The Agency covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the County in and to the Facility under this Agreement, and that no third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons contracting with the Agency or furnishing materials or labor to the Agency, or to its agents or servants, as well as all persons whomsoever, shall be bound by the provisions of the Agreement. 7. OPERATING COSTS The Agency agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs, excluding utilities other than telephone, incurred in the use and operation of the Facility. 8. INDEPENDENT CONTRACTOR RELATIONSHIP All persons engaged in any of the work or service performed pursuant to this Agreement, with the exception of County employees, shall at all times, and in all places, be subject to the Agency's sole direction, supervision and control. The Agency shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Agency's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. In addition, the Agency shall not have the power or authority to bind the County in any promise, agreement or representation other than specifically provided for in this Agreement. 3 Packet Pg. 155 8.C.5.b 9. REPAIRS AND MAINTENANCE The County agrees at its expense to make all routine repairs to the Facility, including structural, air conditioning, and light bulbs. The Agency at its expense agrees to deliver to the County upon the termination of this Agreement, the Facility in a good state of repair and condition, ordinary wear and tear, and damage by the elements or fire excepted. The Agency shall keep the Facility at all times in a clean and orderly condition and appearance and all of the Agency's fixtures, equipment and personal property which are located on any part of the facility which are open or visible to the general public shall likewise be so kept and maintained. In the event that the Agency fails in any material respect to so clean the Facility within a period of thirty (30) days after notice from the County to do so, or fails in any material respect diligently to pursue to completion such action, then the County may, at its option, and in addition to any other remedies which may be available to it, clean all or any part of the Facility included in such notice, and cost shall be payable by the Agency immediately upon demand of the County. 10. DEFAULT; TERMINATION Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party. In the event the County terminates this Agreement, the County shall have the right to re-enter or repossess the property during the period of the Agency's right to use thereof, either by force, summary proceedings, surrender or otherwise, and dispossess and remove therefrom the Agency or other occupants thereof, without being liable for any prosecution therefore and shall have the right to utilize the Facility as it determines to be in the best interests of the County. Should the County incur expenses in enforcing its rights hereunder, specifically including attorneys' fees and court costs (at the lower court and appellate levels), said expenses shall be borne by the Agency. 11. NON-DISCRIMINATION The Agency for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of face, color, national origin or sex shall be excluded from participation in, be denied the benefits or, or otherwise be subjected to discrimination in the use of the facilities. M Packet Pg. 156 8.C.5.b 12. CONFLICT OF INTEREST The Agency hereby represents and warrants that neither it nor any of its directors, officers, members, partners or employees has any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. The Agency further represents and warrants that in the performance of this Agreement, no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of the County of St. Lucie nor any person whose salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to this Agreement which affects his/her personal financial interest or the financial interest of any corporations, partnership or association in which he/she is, directly or indirectly, interested nor shall any such person have any financial interest, direct or indirect, in this agreement or in the proceeds thereof. 13. ASSIGNMENT No party may assign their rights or obligations under this Agreement without the written consent of the other parties which consent shall not be unreasonably withheld. Any attempt to effect an assignment without the County's prior written consent shall be deemed a default under this Agreement. 14. ENTIRE AGREEMENT This Agreement and the attachments hereto represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiation, understandings, and representations (if any) made by and between such parties. 15. AMENDMENTS The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 5 Packet Pg. 157 8.C.5.b 16. FURTHER ASSURANCES The parties hereby agree from time to time to execute and deliver such further and other transfers, assignment and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the terms of this Agreement. 17. BINDING EFFECT All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. 18. NOTICES All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: AS TO ST. LUCIE COUNTY WITH A COPY TO: St. Lucie County Administrator St. Lucie County Attorney 2300 Virginia Avenue 2300 Virginia Avenue Administration Annex Administration Annex Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 AS TO THE AGENCY: WIRA Christmas Kids of St. Lucie County, Inc. 4100 Metzger Road Fort Pierce, Florida 34947 I Packet Pg. 158 8.C.5.b or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer bank if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. Whenever any party hereto is required to give its approval or disapproval to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of written requests for approval or approval shall be deemed to be granted. 19. HEADINGS The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 20. PRONOUNS In this Agreement, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, wherever it appears appropriate from the context. 21. SURVIVAL All covenants, agreements, representations and warranties made herein or otherwise made in writing by any party pursuant hereto shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. all 1114.1X4I0].1P11 The Army shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Army in conjunction with this Contract. Specifically, the Army shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. 7 Packet Pg. 159 8.C.5.b (b) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the contractor upon termination of the contract 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 County in a format that is compatible with the information technology system of the County. 23. WAIVERS The failure or delay of any party prior to a period which would constitute laches at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver by any party of any breach of any provision of this agreement should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any case shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. 24. GOVERNING LAW; VENUE This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. N. Packet Pg. 160 8.C.5.b IN WITNESS WHEREOF, the parties have executed this Agreement on the day of 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman ATTEST: Secretary S:\atty\agreemnt\fua\christmas.kids.17.doc APPROVED AS TO FORM AND CORRECTNESS: County Attorney WIRA CHRISTMAS KIDS OF ST. LUCIE COUNTY, INC. BY: 9 President (Seal) Packet Pg. 161 8.M.1 ITEM NO. (ID # 4830) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Matt Baum, Parks & Special Facilities Manager Parks & Special Facilities Division DATE 11/21/2017 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Award of Bid No. 18-005 Pepper Park Riverside Park "aka" Wildcat Cove Parking Lot Improvements In the FY16 budget, funding was included in the Capital Improvement Plan for repairs, rehabilitation of the existing docks and boardwalks at Pepper Park Riverside Park. St. Lucie County Parks and Special Facilities was awarded a $175,000 grant from the Florida Department of Environmental Protection Land and Water Conservation Fund to complete this project. The LWCF Grant requires resurfacing the asphalt parking lot at Pepper Park Riverside Park as part of the grant agreement. PREVIOUS ACTION: On October 18, 2016 the Board approved Budget Resolution 2016-163 FINANCIAL IMPACT: The total cost for this project will be $88,498.75. Funding is available in Parks MSTU account string #129- 7215-563000-157603 and FDEP LWCF Grant account string #129102-7215-563000-157603. RECOMMENDATION: Staff recommends Board approval to award Bid No. 18-005, Resurfacing of the asphalt parking lot and driveway area at Wildcat Cove to Ranger Construction of Fort Pierce, FL in the amount of $88,498.75 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 162 8.M.1 Coordination/Signatures e�ArY3.lr�f Edward Matthews, Par s & ecreati n Director 11/6/2017 0', 4anieA.WMclntyre,,t, orney 11/7/2017 JInterim 6fficl of and B dget Direct 11/7/eon rk 5 er ee 1 ep C o u n t-y-Ad ministrato 11/9/2017 Updated: 11/3/2017 5:29 PM by Matt Baum Page 2 Packet Pg. 163 8.M.1.a BOARD OF = COUNTY • COMMISSIONERS ' TABULATION SHEET - BID #18-005 Wildcat Cove Parking Area OPENED: November 01, 2017 AT 3:00 PM Seven (7) submittals were received for subject proposal: PURCHASING DEPARTMENT Ranger Lynch Paving & Construction, Co., Blacktip Services, Inc. Mancil's Tractor Service, Sunshine Land Pav-Co Contracting, g, Loren Jock Trucking, Construction Inc. Celebration, FL Inc. Design Inc. Inc. Ft. Pierce, FL Okeechobee, FL Palm City, FL Stuart, FL Stuart, FL Stuart, FL Amount Amount Amount Amount Amount Amount Amount Lump Sum $ 82,006.30 $ 87,687.00 $ 89,321.00 $ 101,500.00 $ 101,606.28 $ 101,694.00 $ 119,354.00 Alternate 1 $ 6,492.45 $ 7,767.00 $ 4,790.00 $ 7,000.00 $ 9,350.00 $ 5,312.67 $ 8,812.50 Number of companies notified*: 300 Number of bid documents distributed: 17 Number of bids received 7 *per demandstar.com Packet Pg. 164 TO: PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Summer Ivey -Platt, Venue Coordinator Parks and Recreation 8.M.2 ITEM NO. (ID # 4821) DATE: 11/21/2017 *CONSENT AGENDA\PARKS & RECREATION LEGISLATIVE Fairgrounds Electric Panel Upgrades Phases II & III Bid Award In the FY17 budget, funding is included in the Capital Improvement Plan for the design and construction of Phase II of the Upgrade of Electrical Panels at the St. Lucie County Fairgrounds. In the FY18 budget, funding is included in the Capital Improvement Plan design and construction of Phase III of the Upgrade of Electrical Panels at the St. Lucie County Fairgrounds. On August 2, 2017, responses to Bid No. 17-048, Upgrade of Electrical Panels at the St. Lucie County Fairgrounds were opened. Four hundred and forty three (443) companies were notified, seven (7) bid documents were distributed and two (2) bids were received. The lowest, responsive and responsible proposal was presented by Davco Electrical of Boynton Beach, FL, in the amount of $106,126. Total funding budgeted for this project in the Parks Impact Fee Fund for FY2017 & FY2018 is total $150,000 PREVIOUS ACTION: FY17 Budget Board Approved Capital Improvement Project. FY16 Phase I Completed FINANCIAL IMPACT: The total cost for this project will be $106,126. Funding is available in Impact Fees -Parks account string #310002-7215-563000-177611 RECOMMENDATION: Staff recommends Board approval to award Bid No. 17-048, Upgrade of Electrical Panels at the St. Lucie County Fairgrounds, in the amount of $106,126.00 to Davco Electrical of Boynton Beach, FL and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 165 8.M.2 Coordination/Signatures e�ArY3.lr�f Edward Matthews, Parlds & Recreatj67Drector 11/9/2017 0', 4anieA..McIntyre, C my ttorney 11/17/2017 JInterim 6fficl of and B dget Direct ii/Ja/Zon rk 5 er ee 1 ep C o u n t-y-Ad ministrato 11/17/2017 Updated: 11/14/2017 12:55 PM by Jennifer Hill Page 2 Packet Pg. 166 8.M.2.a BOARD OF i COUNTY COUNTY PURCHASING COMMISSIONERS DEPARTMENI Corrected Tab TABULATION SHEET — BID #17-048 Upgrade of Electrical Panels at the St. Lucie County Fairgrounds OPENED: August 02, 2017 AT 3:00 PM Two (2) submittals were received for subject proposal: Davco Electrical Boynton Beach, FL W. D. Cook Electrical Stuart, FL Amount Amount Bid Lump Sum $ 64,366.00 Non -responsive Alternate 1 $19,500.00 Alternate 2 $ 22,260.00 Number of companies notified*: 443 Number of bid documents distributed: 7 Number of bids received 2 *per demandstar.com r N co Packet Pg. 167 8.P.1 ITEM NO. (ID # 4816) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Kyle Croce, Port Engineer Port DATE: 11/21/2017 *CONSENT AGENDA\PUBLIC WORKS North 2nd Street Change Order No. 31 with Mancil's Tractor Service, Inc. The North 2nd Street Improvement Project involves a partnership between the Florida Department of Transportation (FDOT), the City of Fort Pierce, Fort Pierce Utilities Authority (FPUA), and St. Lucie County. North 2nd Street is the primary access road into the Port of Fort Pierce Operations Area. The road provides access to most of the existing business located at the Port, as well as access to the undeveloped vacant properties. North 2nd Street is a City -owned and maintained right-of-way. The underground utilities are owned and maintained by FPUA. The Project involves total reconstruction of North 2nd Street, including relocation and upgrading of all existing utilities and construction of a new stormwater management system. The road construction will include new pavement, curb and gutter, sidewalks, stormwater collection system, detention ponds, landscaping and street lights. The utilities to be upgraded include water mains, sanitary sewer system, sewer lift stations, natural gas mains, and electrical systems. A Second Street Interlocal Agreement was approved on June 3, 2014, that identifies the responsibilities of each entity involved in the partnership. As the Port Authority, St. Lucie County is administering the construction contract and the grant contracts. The City of Fort Pierce is administering and funding the Consultant Engineering Inspection Services (CEI) for inspection and certification of the roadway and drainage work during construction. Fort Pierce Utilities Authority is providing construction, inspection, and certification of the utility construction. The attached contractor's change order involves additional work that was required to accomplish the job successfully, and continue with the ongoing construction efforts. The following paragraph describes the change order number, a brief description of the work, the estimated cost, and the partner or agency that is fiscally responsible for the change order. Change Order No. 31 is for the following items that were not included in the original tasking: Packet Pg. 168 8.P.1 * upgrades to the signage and additional street blades on Fisherman's Wharf Road, North 2nd Street, and North Indian River Drive * additional asphalt pavement repairs from traffic loading at Indian River Drive and Seaway Drive * additional driveway apron construction and entrances due to roadway elevation adjustments * time and material efforts for preparations, repairs, and clean-up due to the Hurricane Irma storm event The cost of Change Order No. 31 is an added amount of $30,807.92, and is the fiscal responsibility of SLC & FDOT. The cost for the change order was calculated based on the additional labor and materials incurred for these efforts and minor additional supervision and oversight that was required. Calculating the hourly cost of labor, transportation, cost of materials, along with an additional 1.5% bond for the work, results in the total amount requested for this change order to be $30,807.92 to be paid by SLC & FDOT. PREVIOUS ACTION: September 17, 2013 - Board approval of Work Authorization No. 4 with Taylor Engineering for preparation of landscape plans and bid specifications for North 2nd Street in the amount of $123,316.44 June 3, 2014 - Board approval of North 2nd Street Interlocal Agreement for Infrastructure Improvements November 18, 2014 - Board approval to award Bid No. 14-056 to Mancil's Tractor Service, Inc., in the amount of $5,805,148.13 February 3, 2015 - Board acceptance of additional funds from FDOT and approval of Budget Resolution establishing the funds from Supplemental No. 2 to JPA with FDOT in the amount of $542,500 December 15, 2015 - Board approval of Change Order No. 5 & No 6 for North Second Street Road Improvements in the amount of $27,200.53. February 9, 2016 - Board approval of Change Order No. 7 in the amount of $16,285.68. March 15, 2016 - Board approval of Change Order No. 8 in the amount of $164,389.03, and Change Order No. 9 in the amount of $7,628.05. May 17, 2016 - Board approval of Change Order No. 10 in the amount of $8,435.45, and Change Order No. 11 in the amount of $24,103.72. June 21, 2016 - Board approval of Change Order No. 12 in the amount of $12,281.50. August 16, 2016 - Board approval of Change Order No. 13 in the amount of $4,489.46, and Change Order No. 14 in the amount of $1,476.83. October 4, 2016 - Board approval of Change Order No. 15 in the amount of $13,426.38, and Change Order No. 16 in the amount of $9,589.62. Updated: 10/24/2017 12:47 PM by Susan Durden Page 2 Packet Pg. 169 8.P.1 November 1, 2016 - Board approval of Change Order No. 17 in the amount of $37,790.43, and Change Order No. 18 in the amount of $678.53. December 6, 2016 - Board approval of Change Order No. 19 in the amount of $8,964.71. December 20, 2016 - Board approval of Change Order No. 20 in the amount of $114,032.16. March 7, 2017 - Board approval of Change Order No. 21 and No. 22 in the amount of $163,092.68. June 6, 2017 - Board approval of Change Order No. 23 in the amount of ($64,281.76), and No. 24 in the amount of $14,554.33. July 18, 2017 - Board approval of Change Order No. 25 in the amount of $27,520.54, and No. 26 in the amount of $20,821.60. August 15, 2017 - Board approval of Change Order No. 27 in the amount of $26,960.95, and No 28 in the amount of $46,670.75. October 3, 2017 - Board approval of Change Order No. 29 in the amount of $2,699.73 and No. 30 in the amount of $18,055.63. FINANCIAL IMPACT: Funds are available in the Port Budget Fund No.140376-4315-563000-46502 and 140376-4315-563009- 46502. RECOMMENDATION: Staff recommends Board approval of Change Order No. 31 with Mancil's Tractor Service, Inc. in the amount of $30,807.92 to be paid by St. Lucie County and the Florida Department of Transportation, and authorization for the Chairman to execute the change orders as approved by the County Attorney. COMMISSION ACTION: updated: 10/24/2017 12:47 PM by Susan Durden Page 3 Packet Pg. 170 8.P.1 Coordination/Signatures _ V Cw n We t, Public Works Directo 017 D- 4anieA..McIntyre, C my ttorney 10/25/2017 JInterim MiA of and B dget Direct Jo/zs/zon rk 5 er ee 1 ep C o u n t-y-Ad ministrato 10/27/2017 Updated: 10/24/2017 12:47 PM by Susan Durden Page 4 Packet Pg. 171 CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) North 2nd Street Roadway Improvements Ft. Pierce, Florida TO (Contractor): Mancil's Tractor Service, Inc. 8530 SW Jayme Way Palm City, Florida 34990 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes N-9) See attached exhibit "A", consisting of 02 pages total. CHANGE ORDER NUMBER: INITIATION DATE: CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: CONTRACT DATE 8.P.1.a No. 31 October 23, 2017 C14-11-668 November 18, 2014 The original (Contract Sum) was $ 5,218,117.88 Net change by previous authorized Change orders $ 1,286,475.21 The (Contract Sum) prior to this Change order $ 6,504,593.09 The (Contract Sum) will be (increased, ,Io^,-PA138d Ar URGhaRged) by this Change Order $ 30,807.92 The new (Contract Sum) including this Change order will be $ 6,535,401.01 The Contract Time will be (increased, PIPArPRAo,I OF URGhaRg8d) by ( 3 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Substantial: March 13, 2017 Final: May 17, 2017 Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Chanqe Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. CONTRACTOR: Mancil's Tractor Service, Inc. Contractor: 8530 SW Jayme Way, Palm City, FL 34990 Address: By: Date: ATTEST: Deputy Clerk APPROVED: Public Works Department St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, FL 34982 Address By: Don West, Director Date: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman Date: Approved as to Form and Correctness: County Attorney Packet Pg. 172 8.P.1.b j4h. Mancil's Tractor Service, Inc. ' Earthwork, Roadways, Storm Drain & Underground Utilities 8530 SW Jayme Way, Palm City, FL 34990 Office (772) 288-0951 Fax (772) 288-0983 CHANGE ORDER # 31 COUNTY ADDITIONAL SERVICES DATE: 9/1/2017 BID TO: ST LUCIE COUNTY PUBLIC WORKS PROJECT NAME: NORTH 2ND STREET ROAD IMPROVEMENTS CONTACT: DON WEST PROJECT # 14-056 PHONE: (772) 462-1485 PREPARED BY: SUE SMART EMAIL: WeStd(CD-StIUCIeCo.goV WE RESPECTFULLY SUBMIT THE FOLLOWING CHANGE ORDER TO COVER THE COSTS ASSOCIATED WITH ADDITIONAL SIGNAGE AS REQUESTED. ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL ADDITIONAL SIGNAGE UPGRADE COST TO PROVIDE STREET NAME BLADES WITH THE CITY LOGO 1 FOR THE 5 MAIN STOP SIGN INTERSECTIONS WITH UPGRADED SLIPBASE 5.0 EA $1,552.50 $ 7,762.50 ASSEMBLY DUE TO THE 36" STOP SIGNS UPGRADE & STREET NAME BLADES UPGRADE COST TO PROVIDE (PER MUTCD) 2 LANE ROAD 30" STOP SIGNS 6.0 EA $74.75 $ 448.50 2 TO 36" WITH ADDITIONAL Z BAR AND HARDWARE 3 ADDITIONAL 36" STOP SIGN FOR EASTBOUND AVENUE H @ NORTH 2ND 1.0 EA $402.50 $ 402.50 STREET INTERSECTION SUB TOTAL $8,613,50 4 JADJUSTED BOND (1.5%) 1 1.0 1 LS $ 129.20 1 $ 129.20 ADDITIONAL CONTRACT DAYS REQUIRED 1 0 TERMS & CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: DON MANCIL, JR. ACCEPTED BY: NAME: TITLE: DATE: TOTAL $8,742.70 MCD #58 Page 1 of 5 Packet Pg. 173 8.P.1.b Jbm M and I's T ractor Service, I na Earthwork, lbadway4 Storm Drain & Underground Utilities 8530 SW Jayme Way, Palm City, FL U990 Office (172) 288-0951 Fax (772) 288-0983 CHANGE ORDER # 31 DAMAGED ASPHALT ON INDIAN RIVER DRIVE DATE: 9/1/2017 BID TO: ST LUCIE COUNTY PUBLIC WORKS PROJECT NAME: NORTH 2ND STREET ROAD IMPROVEMENTS CONTACT: DON WEST PROJECT # 14-056 PHONE: (772) 462-1485 PREPARED BY: SUE SMART EMAIL: WeStdOStIUCIeCo.goV WE RESPECTFULLY SUBMIT THE FOLLOWING CHANGE ORDER TO COVER THE COSTS ASSOCIATED WITH DAMAGE DONE BY BEYEL BROS FROM THE MOVE OTTHE GENERATOR ON 08/21/2017. THIS COST IS BASED ON THE WORK BEING DONE IN CONJUNCTION WITH OTHER CONTRACT WORK. IF THIS WORK HAS TO BE DONE SEPARATELY FROM THE CONTRACT WORK AND ADDITIONAL $2,000.00 CHARGE WILL APPLY. ITEM DESCRIPTION QTY UNIT I UNIT COST TOTAL REPAIR DAMAGES DONE BY BEYEL BROS ON 08/21/2017 1 MAINTENANCE OF TRAFFIC 1.0 LS $500.00 $ 500.00 2 SAW CUT, REMOVE & DISPOSE OF DAMAGED ASPHALT AREA 90.0 SY $11.50 $ 1,035.00 3 REGRADE, ROLL & PRIME EXISTING BASE ROCK 90.0 SY $7.50 $ 675.00 4 REPLACE 1-1/2" BASE COURSE ASPHALT TYPE SP-12.5 7.0 TONS $175.63 $ 1,229.41 5 REPLACE TEMPORARY PAINT MARKINGS 1.0 LS $250.00 1 $ 250.00 SUB TOTAL $3,689.41 6 JADJUSTED BOND (1.5%) 1 1.0 1 LS $ 55.34 1 $ 55.34 ADDITIONAL CONTRACT DAYS REQUIRED I 1.0 TERMS & CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: DON MANCIL, JR. ACCEPTED BY: NAME: TITLE: DATE: TOTAL $3,744.75 MCD #59 Page 2 of 5 Packet Pg. 174 8.P.1.b M and I's T ractor Service, I na Aiw Earthwork, kbadway4 &ormDrain & Underground Utilities 8530 SWJaymeWay, Palm City, FL 34990 Office (772) 288-0951 Fax (772) 288-0983 CHANGE ORDER # 31 ADDITIONAL T AND M SERVICES DATE: 9/25/2017 BID TO: ST LUCIE COUNTY PUBLIC WORKS PROJECT NAME: NORTH 2ND STREET ROAD IMPROVEMENTS CONTACT: DON WEST PROJECT # 14-056 PHONE: (772) 462-1485 PREPARED BY: SUE SMART EMAIL: WeStd .StIUCIeCo.QOV WE RESPECTFULLY SUBMIT THE FOLLOWING CHANGE ORDER TO COVER THE COSTS ASSOCIATED WITH THE ADDITIONAL TIME AND MATERIAL SERVICES PERFORMED THROUGH 8-25-17 AS OUTLINED BELOW. ITEM DESCRIPTION CITY UNIT I UNIT COST TOTAL GENERAL ITEMS (2 DAY IMPACT) 1 MOBILIZATION AND SUPERVISION 2.0 DAYS $816.33 $ 1,632.66 2 MAINTENANCE OF TRAFFIC 2.0 DAYS $30.61 $ 61.22 3 MAINTENANCE OF EXISTING DRAINAGE 2.0 DAYS $51.02 $ 102.04 4 EROSION CONTROL AND ENVIRONMENTAL PROTECTION 2.0 DAYS $142.86 $ 285.72 SUB TOTAL $2,081.64 ADD STORM DRAIN CONNECTION WITHIN CURB LINE TO EX. SD MH AT CORNER OF SEAWAY DRIVE AND INDIAN RIVER DRIVE 5 07/27/2017 - MINI EXCAVATOR W/OPERATOR 2.00 HRS $ 80.00 $ 160.00 07/27/2017 - ABC CONCRETE CUTTING INC. - CORE DRILL EXISTING 885.97 6 MANHOLE FOR NEW CONNECTION 1.00 LS $ 885.97 $ 07/28/2017 - PURCHASE FROM FERGUSON THE REQUIRED 12" ADS, 90 7 1.00 LS $ 513.42 $ 513.42 DEG. BEND AND COUPLING 8 07/28/2017 - PARTIAL CREW TIME WITHOUT DEWATERING 4.00 1 HRS $ 437.50 1 $ 1,750.00 SUB TOTAL $3,309.39 SAWCUT AND REMOVE EXISTING CONCRETE SLAB AT PALMDALE FOR ENTRANCE CORRECTIONS 9 08/02/2017 - MINI EXCAVATOR W/OPERATOR 4.50 HRS $ 80.00 $ 360.00 10 08/02/2017 - LOADER W/OPERATOR 4.50 HRS $ 90.00 $ 405.00 11 08/02/2017 - (1) LABORER 4.50 HRS $ 40.00 $ 180.00 12 FLAT SAW RENTAL 1.00 LS $ 275.08 $ 275.08 13 HAULING OF CONCRETE 1.00 LOAD $ 175.00 1 $ 175.00 SUB TOTAL $1,395.08 SAWCUT AND REMOVE ADDITIONAL 3.5' WIDE EXISTING CONCRETE SLAB AT PALMDALE FOR ENTRANCE CORRECTIONS 14 08/09/2017 -SKID STEER W/OPERATOR 2.00 HRS $ 80.00 $ 160.00 15 08/09/2017 - (1) LABORER 4.50 HRS $ 40.00 $ 180.00 16 FLAT SAW RENTAL 1.00 LS $ 275.08 $ 275.08 17 HAULING OF CONCRETE 1.00 LOAD $ 175.00 $ 175.00 SUB TOTAL $790.08 PREP WORK AT BIO-FUEL ENTRANCE 18 08/16/2017 - SKID STEER W/OPERATOR 2.00 HRS $ 80.00 $ 160.00 19 08/16/2017 -MINI EXCAVATOR W/OPERATOR 5.75 HRS $ 80.00 $ 460.00 20 08/16/2017 - LOADER W/OPERATOR 5.75 HRS $ 90.00 $ 517.50 21 08/16/2017 - (1) LABORER 5.75 HRS $ 40.00 $ 230.00 SUB TOTAL $1,367.50 MCD #60 Page 3 of 5 Packet Pg. 175 8.P.1.b PREP WORK AT BIO-FUEL ENTRANCE 22 08/17/2017 -MINI EXCAVATOR W/OPERATOR 1.50 HRS $ 80.00 $ 120.00 23 08/17/2017 - LOADER W/OPERATOR 1.50 HRS $ 90.00 $ 135.00 24 08/17/2017 - (1) LABORER 1.50 HRS $ 40.00 $ 60.00 SUB TOTAL $315.00 PREP WORK AT CEMEX ENTRANCE 25 08/17/2017 -MINI EXCAVATOR W/OPERATOR 4.00 HRS $ 80.00 $ 320.00 26 08/17/2017 - LOADER W/OPERATOR 4.00 HRS $ 90.00 $ 360.00 27 08/17/2017 - (1) LABORER 4.00 HRS $ 40.00 $ 160.00 SUB TOTAL $840.00 PREP WORK AT CRACKER BOY ENTRANCE 28 08/17/2017 -MINI EXCAVATOR W/OPERATOR 1.00 HRS $ 80.00 $ 80.00 29 08/17/2017 - LOADER W/OPERATOR 1.00 HRS $ 90.00 $ 90.00 30 08/17/2017 - (1) LABORER 1.00 HRS $ 40.00 $ 40.00 SUB TOTAL $210.00 INSTALL CONCRETE CAR STOPS AT PALMDALE SITE BEHIND RETAINING WALL 31 SUPPLY CONCRETE CAR STOPS 8.00 EA $ 17.50 $ 140.00 32 SUBCONTRACTOR INSTALL OF EACH CAR STOP BY CORE DRILLING 2 HOLES AND PINNING WITH REBAR THROUGH CONCRETE SLAB 8.00 EA $ 53.91 $ 431.28 SUB TOTAL $571.28 33 JADJUSTED BOND (1.5%) 1.00 LS $ 163.20 1 $ 163.20 ADDITIONAL CONTRACT DAYS REQUIRED 1 2.0 TERMS & CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: DON MANCIL, JR. ACCEPTED BY: NAME: TITLE: DATE: TOTAL $11,043.17 MCD #60 Page 4 of 5 Packet Pg. 176 8.P.1.b Mancil's Tractor Service, Inc. Earthwork, Roadways, Storm Drain & Underground Utilities 8530 SW Jayme Way, Palm City, FL 34990 Office (772) 288.0951 Fax (772) 288-0983 CHANGE ORDER # 31 HURRICANE IRMA PREPARATION & REPAIRS DATE: 10/20/2017 BID TO: ST LUCIE COUNTY PUBLIC WORKS PROJECT NAME: NORTH 2ND STREET ROAD IMPROVEMENTS CONTACT DON WEST PROJECT # 14-056 PHONE: (772) 462-1485 PREPARED BY: SUE SMART EMAIL: westdOstlucieco.gov WE RESPECTFULLY SUBMIT THE FOLLOWING CHANGE ORDER TO COVER THE COSTS ASSOCIATED WITH THE PREPARATION FOR AND CLEAN UP/ REPAIRS FOLLOWING HURRICANE IRMA. ITEM DESCRIPTION QTY I UNIT I UNIT COST TOTAL HURRICANE PREPARATIONS 1 09 06 2017 - FOREMAN 8.5 HRS $ 70.00 $ 595.00 2 09 06 2017 - LABORERS 3 MEN 31 HRS $ 40.00 $ 1,240.00 3 9 6 2017 - LOADERS W OPERATORS 2 - M317 & M3181 18 HRS $ 90.00 $ 1,620.00 4 09 07 2017 - FOREMAN 3.5 HRS $ 70.00 $ 245.00 5 09 07 2017 - LOADER W OPERATOR 4 HRS $ 70.00 $ 280.00 RE -INSTALL STOP SIGNS, TRAFFIC SIGNS, PERMIT BOXES & MOT, CLEAN UP DEBRIS & DRAINAGE AREAS 6 09 12 2017 - FOREMAN 8.5 HRS $ 70.00 $ 595.00 7 09 12 2017 - LABORERS 2 MEN 17 1 HRS $ 40.00 $ 680.00 SUB TOTAL $ 5,255.00 NATURE'S LANDSCAPE HURRICANE PREPARATIONS & REPLACEMENT OF DAMAGED TREES 8 09/11/2017 ONE (1) FOREMAN & (2) MAN GROUND CREW RESET & STAKED TREES DOWN DUE TO STORM 3 HRS $ 155.00 $ 465.00 9 REMOVE, REPLACE & RESTAKE - FOUR (4) SILVER BUTTONWOOD TREES 4 EA $ 300.00 $ 1,200.00 10 MANCIL'S ALLOWABLE MARK-UP 15% 1 LS $ 249.75 $ 249.75 SUB TOTAL $ 1,914.75 11 JADJUSTED BOND 1.5%) 1 1 1 LS 1 $ 107.55 1 $ 107.55 TERMS & CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. DON MANCIL, JR. NAME: TITLE: DATE: TOTAL $ 7,277.30 MCD #62 Page 5 of 5 Packet Pg. 177 8.P.2 ITEM NO. RES-2017-264 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Kyle Croce, Port Engineer Port DATE: 11/21/2017 *CONSENT AGENDA\PUBLIC WORKS Resolution - Fisherman's Wharf - JPA Bulkhead Dredging Construction The County has received funding from Florida Seaport Transportation and Economic Development Council (FSTED) through Joint Participation Agreement (JPA) #440703-1-94-02 with Florida Department of Transportation (FDOT) in the amount of $255,000.00 for Fisherman's Wharf Bulkhead and Dredging Pre - Construction Phase. There is an additional required County match of $85,000.00 or 25% for a total project cost of $340,000.00. This JPA will provide for construction and rehabilitation of the existing deteriorated bulkhead at Fisherman's Wharf. This bulkhead rehabilitation is the next project in the redevelopment of the Port area, specifically the redevelopment of the Fisherman's Wharf Basin and area identified as the "Transition Zone" between the Downtown District and the Port industrial operating area. PREVIOUS ACTION: December 15, 2015 - Board acceptance of funds through FDOT JPA #436583-1-94-01 in the amount of $125,000.00 for Fisherman's Wharf Road Development - Design Phase July 25, 2016 - Administrator approval to apply for grant funding November 15, 2016 - Board approved regular agenda item 10.A.1. Resolution - Capital Improvement Revenue Bond, Series 2016A Amended December 6, 2016 - Board acceptance of funds through Florida Inland Navigation District (FIND) Project Agreement #SL-16-61 in the amount of $316,000.00 for Fisherman's Wharf - Bulkhead Design Phase April 18, 2017 - Board approved submittal of FIND Waterways Assistance Program application for the Fisherman's Wharf Bulkhead Construction Phase 2 April 18, 2017 - Board approved Request for Qualification (RFQ), No. 17-011, Professional Engineering Services for Fisherman's Wharf Bulkhead Rehabilitation & Basin Dredging July 5, 2017 - Board acceptance of funds through Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #440703-1-94-01 in the amount of $225,000.00 for Fisherman's Wharf Bulkhead and Dredging Pre -Construction Phase FINANCIAL IMPACT: Packet Pg. 178 8.P.2 Sufficient matching funds are available in FDOT - Fisherman's Wharf Land Fund Account No. 140389-4315- 561000-164618; which is being closed and the match will be reallocated to the construction phase of the project.. RECOMMENDATION: Staff recommends Board acceptance of funds through Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #440703-1-94-02 in the amount of $255,000.00 for Fisherman's Wharf Bulkhead and Dredging Construction Phase, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures - n Welt, Public Works Directs 017 4aniey�.WMcIntyre,nty orney 11/13/2017 rk SS<er ee, Dep utf County ministrato 11/13/2017 Tenn Hi I, Interim 6ffiJof and B dget Direct r ll/9/2017 Updated: 11/8/2017 2:07 PM by Matthew Beard Page 2 Packet Pg. 179 8.P.2.a kot Department: Office of Management & Budget TO: Howard Tipton, County Administrator THROUGH: Mark Satterlee, Deputy County Administrator THROUGH: Asheley Hepburn, Management & B11udget Director THROUGH: Don West, Public Works Directory W ,,,,,, FROM: TaWonna Johnson, Grants Writer DATE: July 25, 2016 SUBJECT: SeaCIP FY 17/18 Fisherman's Wharf Bulkhead Rehabilitation and Dredging Design Background: This item requests authorization to submit a grant application to Florida Seaport Transportation and Economic Development (FSTED) SeaCIP FY17/18 in the amount of $300,000. The first portion of this project is to rehabilitate the insufficient and seriously deteriorated sheet pile bulkhead that forms the western and northern boundaries of the Fisherman's Wharf basin and rehabilitate the equally deteriorated and insufficient bulkhead along the ICW at the far eastern end of Fisherman's Wharf Road. The first phase is to design and permit Section 1 and Section 2 of the bulkhead rehabilitation. Section 1 is from the City boat launching ramps along the western basin wall to the north wall and east along the north wall to the River Marine, Inc. property. Section 2 begins at the River Marine, Inc. property line on the north wall, extends to the eastern end of the River Marine Inc. property and turns north to form the 185' section (berth) on the ICW. Funds Available: This grant is a 75/25 match. $75,000 will be funding from county/city match. Recommendation: County Administrator authorization to submit a grant application to Florida Seaport Transportation and Economic Development (FSTED) SeaCIP FY17/18 Fisherman's Wharf Bulkhead Rehabilitation and Dredging Design $225,000. The total project cost is p0 ,000. Not Approve Approved Asheley Hepburn, Magem�nt N Budget Director E:1 El v Mark Satitrater— �lee, Deputy C unty Ad finis A El How d Ti unty A i strato Packet Pg. 180 8.P.2.b RESOLUTION NO. 17-xxx A RESOLUTION ACCEPTING THE FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT (#440703-1- 94-02) FOR FISHERMANS WHARF BULKHEAD AND DREDGING CONTSRUCTION PHASE AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for Fishermans Wharf Bulkhead and Dredging Construction Phase (#440703-1-94-02). 2. The Board should authorize and approve execution of the Joint Participation Agreement with the Florida Department of Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Joint Participation Agreement (#440703-1-94-02) with the Florida Department of Transportation to provide funding for Fishermans Wharf Bulkhead and Dredging Construction Phase. 2. The Board hereby authorizes and Chairman to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Page 1 of 2 Packet Pg. 181 8.P.2.b After motion and second, the vote on Resolution 17-XXX was as follows: Chairman Chris Dzadovsky XXX Vice -Chairman Tod Mowery XXX Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED this 21st day of November, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2of2 Packet Pg. 182 8.P.2.c PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Financial Project Number(s): (item -segment -phase -sequence) Fund: PORT FLAIR Category: 440703-1-94-02 Function: 215 Object Code: Contract Number: CFDA Number: CFDA Title: Federal Number: N/A Org. Code: DUNS Number: 80-939-7102 Vendor No.: N/A Agency DUNS No. 07-221-5403 CSFA Number: N/A CSFA Title: 725-030-06 PUBLIC TRANSPORTATION d OOC — 06/2016 Page I of 17 C O a+ 088794 751000 c 55042010429 O U VF596000835079 C 55005 m Seaport Grants p` THIS JOINT PARTICIPATION AGREEMENT ("Agreement"), made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, ("Department"), and St. Lucie County, 2300 Virginia Avenue, Fort Pierce, FL 34982 a political subdivision of the State of Florida ("Agency"). The Department and Agency agree that all terms of this Agreement will be completed on or before December 31, 2022 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the Project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Chapter 311, Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in The construction of the Fisherman's Wharf Bulkhead Project at the Port of Fort Pierce and as further described in Exhibit "A" attached to and incorporated into this Agreement ("Project"), and to provide Departmental financial assistance to the Agency, state the terms and conditions upon which such assistance will be provided, and to set forth the manner in which the Project will be undertaken and completed. 1.10 Exhibits. A, B, C & D are attached and incorporated into this Agreement. Packet Pg. 183 8.P.2.c PUBLIC TRANSPORTATION 72PUBLI6 PUBLIC JOINT PARTICIPATION AGREEMENT TRA OGCocc - ATTON - obizoi 6 Page 2 of 17 2.00 Accomplishment of the Project: 2.10 General Requirements. The Agency shall commence, and complete the Project, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions of this Agreement, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law. In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the Project, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency. The Agency shall initiate and prosecute to completion all proceedings necessary, including federal aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents. The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the Project as the Department may require as listed in Exhibit "C" attached to and incorporated into this Agreement. The Department has the option to require an activity report on a quarterly basis. The activity report will include details of the progress of the Project towards completion. 3.00 Total Project Cost. The total estimated cost of the Project is $340,000.00. This amount is based upon the estimate summarized in Exhibit "B" attached to and incorporated into this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved. 4.00 Project Costs Participation and Eligibility: 4.10 Department Participation. The Department agrees to maximum participation, including contingencies, in the Project in the amount of $255,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total cost shown in Exhibit "B", whichever is less. 4.11 Agency Participation (Non -State Sources). The Agency agrees to minimum participation, including contingencies, in the Project in the amount of $85,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of the total cost shown in Exhibit "B", whichever is more. 4.12 Federal Awards. The Agency, a non-federal entity, ❑ is ® is not a recipient of a federal award, as detailed in Exhibit "B." 4.20 Project Cost Eligibility. Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible Project costs is subject to: a) Legislative approval of the Department's appropriation request in the adopted work program year that the Project is scheduled to be committed; b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents as required by the Department, and all other terms of this Agreement; c) Department approval of costs in excess of the approved funding or attributable to actions which have not received the required approval of the Department and all other terms of this Agreement; d) Department approval of the Project scope and budget (Exhibits "A" and "B") at the time appropriation authority becomes available. Packet Pg. 184 8.P.2.c PUBLIC TRANSPORTATION 72PUBLI6 PUBLIC JOINT PARTICIPATION AGREEMENT TRA OGCocc - ATTON - obizoi 6 Page 3 of 17 4.30 Front End Funding. Front end funding ❑ is ® is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred Project costs up to an amount equal to its total share of participation as shown in paragraph 4.10. 5.00 Project Budget and Payment Provisions: 5.10 The Project Budget. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project, attached and incorporated into this Agreement as Exhibit "B." The schedule of funding may be revised by execution of a Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this Project may be reduced upon determination of the Agency's contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.20 Payment Provisions. Unless otherwise allowed, payment will begin in the year the Project or Project phase is scheduled in the work program as of the date of the Agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Agency shall, within sixty (60) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of Agreement non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or Agreement non-compliance. If the corrective action plan is unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Agency resolves the deficiency. If the deficiency is subsequently resolved, the Agency may bill the Department for the retained amount during the next billing period. If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. 6.00 Accounting Records: 6.10 Establishment and Maintenance of Accounting Records. The Agency shall establish for the Project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", 2 CFR Part 225, separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "Project account." Records of costs incurred under terms of this Agreement shall be maintained in the Project account and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 6.20 Costs Incurred for the Project. The Agency shall charge to the Project account all eligible costs of the Project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. Packet Pg. 185 8.P.2.c PUBLIC TRANSPORTATION 72PUBLI6 PUBLIC JOINT PARTICIPATION AGREEMENT TRA OGCocc - ATTON - obizoi 6 Page 4 of 17 6.30 Documentation of Project Costs. All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 6.40 Checks, Orders, and Vouchers. Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the Project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 6.50 Audits. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. 1. Federal Funded a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on -site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. b) The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit D to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F —Audit Requirements. Packet Pg. 186 8.P.2.c PUBLIC TRANSPORTATION 72PUBLI6 PUBLIC JOINT PARTICIPATION AGREEMENT TRA OGCocc — ATTON - obizoi 6 Page 5 of 17 iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(o)_dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F — Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(a�dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. Packet Pg. 187 8.P.2.c PUBLIC TRANSPORTATION 72PUBLI6 PUBLIC JOINT PARTICIPATION AGREEMENT TRA OGCocc - ATTON - o6izoi 6 Page 6 of 17 vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTS inaleAudit(a)dot.state.fl.us 2. State Funded a) In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on - site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or State of Florida Auditor General. b) The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit D to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSinaleAudit(@dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and Packet Pg. 188 8.P.2.c PUBLIC TRANSPORTATION 72PUBLI6 PUBLIC JOINT PARTICIPATION AGREEMENT TRA OGCocc - ATTON - obizoi 6 Page 7 of 17 elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit(a)dot.state.fl. us State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(aD_aud.state.fl.us V. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department, or its designee, DFS or the Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. Packet Pg. 189 8.P.2.c PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORTATION OOC — 06/2016 Page 8 of 17 3. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, DFS or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 6.60 Insurance. Execution of this Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any Project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. The Department may waive or modify this section as appropriate. 7.00 Requisitions and Payments: 7.10 Action by the Agency. In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W Commercial Blvd. Fort Lauderdale, FL, 33309, its requisition on a form or forms prescribed by the Department, and any other data pertaining to the Project account (as defined in Paragraph 6.10 hereof) to justify and support the payment requisitions. 7.11 Deliverables. The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A." Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. 7.12 Invoices. Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A." Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. 7.13 Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Department and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met. 7.14 Travel Expenses. Invoices for any travel expenses by the Agency shall be submitted in accordance with Section 112.061, Florida Statutes, and shall be submitted on the Department's Contractor Travel Form No. 300-000-06. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 7.15 Property Acquisition. For real property acquired, submit: a) The date the Agency acquired the real property. b) A statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. c) A statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 7.20 The Department's Obligations. Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: Packet Pg. 190 8.P.2.c PUBLIC TRANSPORTATION 72PUBLI6 PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION occ - obizoi 6 Page 9 of 17 a) The Agency shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement; b) There is any pending litigation with respect to the performance by the Agency of any of its duties or obligations which mayjeopardize or adversely affect the Project, the Agreement, or payments to the Project; c) The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; d) There has been any violation of the conflict of interest provisions contained in this Agreement; e) The Agency has been determined by the Department to be in default under any of the provisions of the Agreement; or f) Any federal agency providing federal financial assistance to the Project suspends or terminates federal financial assistance to the Project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 7.30 Disallowed Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for in the latest approved scope and budget for the Project, costs attributable to goods or services received under a contract or other arrangements which have not been approved by the Department, and costs invoiced prior to receipt of annual notification of fund availability. 7.40 Payment Offset. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 8.00 Termination or Suspension of Project: 8.10 Termination or Suspension Generally. If the Agency abandons or, before completion, finally discontinues the Project; or for any other reason, the commencement, prosecution, or timely completion of the Project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this Section 8, the Agency shall proceed promptly to carry out the actions required in such notice, which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the Project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and, (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. Packet Pg. 191 8.P.2.c PUBLIC TRANSPORTATION 72PUBLI6 PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION occ - obizoi 6 Page 10 of 17 8.12 Access to Documents and Materials. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency, contractor, sub -contractor, or materials vendor to comply with the provisions of Chapter 119, Florida Statutes. 9.00 Audit and Inspection. The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the Project. 10.00 Contracts of the Agency: 10.10 Third Party Agreements. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.20(c). The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. 10.20 Procurement of Personal Property and Services: 10.21 Compliance with Consultants' Competitive Negotiation Act. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR 172, and 23 U.S.C. 112.. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects funded under this Agreement. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with Chapter 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act and the federal Brooks Act. 10.22 Procurement of Commodities or Contractual Services. It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Chapter 287.057, Florida Statutes. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that is not consistent with the Project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department as provided in Section 7.20(c). 10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBE's, as defined in 49 CFR Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance Packet Pg. 192 8.P.2.c PUBLIC TRANSPORTATION 72PUBLI6 PUBLIC JOINT PARTICIPATION AGREEMENT raa OGCocc - arroN - obizoi 6 Page 11 of 17 with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 10.40 Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.099(1), Florida Statutes. 11.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 11.10 Equal Employment Opportunity. In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the Project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the Project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for Project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 11.20 Title VI - Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 11.30 Title VIII - Civil Rights Act of 1968. Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601, et seq.), which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. 11.40 Americans with Disabilities Act of 1990 (ADA). Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 11.50 Prohibited Interests. The Agency shall not enter into a contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. a) "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of any business entity. b) The Agency shall not enter into any contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any person or entity who was represented before the Packet Pg. 193 8.P.2.c PUBLIC TRANSPORTATION 72PUBLI6 PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION occ - obizoi 6 Page 12 of 17 Agency by any person who at any time during the immediately preceding two (2) years was an officer, director or employee of the Agency. c) The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 11.60 Interest of Members of, or Delegates to, Congress or Legislature. No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 12.00 Miscellaneous Provisions: 12.10 Environmental Regulations. Execution of this Agreement constitutes a certification by the Agency that the Project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 12.20 Department Not Obligated to Third Parties. The Department shall not be obligated or liable hereunder to any party other than the Agency. 12.30 When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 12.40 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 12.50 Bonus or Commission. By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 12.60 State or Territorial Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. 12.70 Use and Maintenance of Project Facilities and Equipment. The Agency agrees that the Project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the Project facilities and equipment in good working order for the useful life of said facilities or equipment. 12.71 Property Records. The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. Packet Pg. 194 8.P.2.c PUBLIC TRANSPORTATION 72PUBLI6 PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION occ - obizoi 6 Page 13 of 17 12.80 Disposal of Project Facilities or Equipment. If the Agency disposes of any Project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. The Agency must remit said proportional amount to the Department within one (1) year after the official date of disposal. 12.90 Contractual Indemnity. To the extent permitted by Section 768.28, Florida Statues, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. Nothing in this Agreement shall be construed as a waiver by the Agency of any sovereign immunity protections that may be provided by Section 768.28, Florida Statutes. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 13.00 Plans and Specifications. In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an Engineer's Certification that certifies Project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, hereinafter collectively referred to as "plans", the Agency will certify that: a) All plans comply with federal, state, and professional standards as well as minimum standards established by the Department as applicable; b) The plans were developed in accordance with sound engineering and design principles, and with generally accepted professional standards; c) The plans are consistent with the intent of the Project as defined in Exhibits "A" and "B" of this Agreement as well as the Scope of Services; and d) The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and specifications to the Department for review and approvals. 14.00 Project Completion, Agency Certification. The Agency will certify in writing on or attached to the final invoice, that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the Project is accepted by the Agency as suitable for the intended purpose. 15.00 Appropriation of Funds: Packet Pg. 195 8.P.2.c PUBLIC TRANSPORTATION 72PUBLI6 PUBLIC JOINT PARTICIPATION AGREEMENT TRA OGCocc - ATTON - obizoi 6 Page 14 of 17 15.10 Contingency of Payment. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 15.20 Multi -Year Commitment. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one (1) year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 16.00 Expiration of Agreement. The Agency agrees to complete the Project on or before December 31, 2022. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project and the procedure established in Section 8.00 of this Agreement shall be initiated. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 16.10 Final Invoice. The Agency must submit the final invoice on this Project to the Department within 120 days after the expiration of this Agreement. 17.00 Agreement Format. All words used in this Agreement in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 18.00 Execution of Agreement. This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 19.00 Restrictions on Lobbying: 19.10 Federal. The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. Packet Pg. 196 8.P.2.c PUBLIC TRANSPORTATION 72PUBLI6 PUBLIC JOINT PARTICIPATION AGREEMENT TRA OGCocc - ATTON - obizoi 6 Page 15 of 17 If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. 19.20 State. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. 20.00 Vendors Rights. The Agency providing goods and services to the Department should be aware of the following time frames: a) The Department has 20 days to deliver a request for payment (voucher) to DFS. The 20 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved. Approval and inspection of goods or services shall take no longer than 20 days following the receipt of a complete and accurate invoice. b) If a payment is not available within 40 days, then a separate interest penalty at a rate established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. The 40 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within DFS. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413- 5516. 21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance of this Agreement, the Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontract entered into pursuant to this Agreement: a) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b) In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Packet Pg. 197 8.P.2.c PUBLIC TRANSPORTATION 72PUBLI6 PUBLIC JOINT PARTICIPATION AGREEMENT TRA OGCocc - ATTON - obizoi 6 Page lfi of 17 c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d) Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for two (2) years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 23.00 Employment Eligibility (Using E-Verify). Agency/Vendors/Contractors: a) Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the Agreement; and b) Shall expressly require any contractors and subcontractors performing work or providing services pursuant to the 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 contractor or subcontractor during the Agreement term. 24.00 Inspector General Cooperation. The Parties agree to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. 25.00 Maintenance of Project. The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. 26.00 Federal Grant Number. If the Federal grant number is not available prior to execution of the Agreement, the Department may unilaterally add the Federal grant number to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the Federal grant number will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). Packet Pg. 198 8.P.2.c PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORTATION OOC — 06/2016 Page 17 of 17 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY NAM E SGNATORY(PRNTED ORTYPED) SGNATURE 11TLE DEPARTM ENT OF TRANS A110N Stacy L Miller TTLE Director of Transportation Development N1A4111��i�A:7:�1 �I1�I:U[i�l: 1►[:�� ���IT��I See attached Encumbrance Form for date of Funding Approval by Comptroller Packet Pg. 199 8.P.2.c FM NO.: 440703-1-94-02 CONTRACT NO. AGREEMENT DATE: Page 1 of 2 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County. PROJECT LOCATION: Port of Fort Pierce, FL PROJECT DESCRIPTION: To provide funding for the construction of the Fisherman's Wharf Bulkhead and Dredging Project at the Port of Fort Pierce. PROJECT SCOPE: Project scope of the Fisherman's Wharf Bulkhead and Dredging Project is as described below: • Construction of approximately 800 feet of bulkhead (yellow) and dredging to approximately to -15 feet (blue) as captured below. Packet Pg. 200 8.P.2.c FM NO.: 440703-1-94-02 CONTRACT NO. AGREEMENT DATE: Page 2 of 2 PROJECT DELIVERABLES: The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be incremental progress made toward completion of project scope elements. Supporting documentation will be measurable, verifiable and quantifiable, to allow for a determination that incremental progress has been made, and provide evidence of progress commensurate with the payment requested. SPECIAL CONSIDERATIONS BY AGENCY: Travel costs will not be reimbursed. Packet Pg. 201 8.P.2.c FM NO.: 440703-1-94-02 CONTRACT NO. AGREEMENT DATE: Page 1 of 1 EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County. I. PROJECT COST: $340,000.00 II. PARTICIPATION: Agency Participation In -Kind 0.0% or $0.00 Cash 25.0% or $85,000.00 Other 0.0% or $0.00 Maximum Department Participation Primary: (PORT) 75.0% or $255,000.00 Federal Reimburseable: 0.0% or $0.00 Local Reimburseable 0.0% or $0.00 TOTAL PROJECT COST: $340,000.00 Packet Pg. 202 8.P.2.c FM NO.: 440703-1-94-02 CONTRACT NO. AGREEMENT DATE: Page 1 of 1 EXHIBIT "C" This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County. SUBMITTAL f CERTIFICATION RESPONSIBILITY Public Agency Consultant Selection Compliance Attorney Certification (CCNA Certification) (Para 10.21) (Chapter 287.055 F.S.) Procu rem ent of Com mod iti es or PublicAgency Contractual Services Attorney Certification (Certification) (Para 10.22) Chapter 287.057 F.S. Audit Reports PublicAgency-Annually (During Life of Project) (Para 5.50) As allowed herein, the parties hereby agreeto establish the Agency :nvoicing Submittal time forthe Departmentto inspect and approvethegood5 and services uptoTwenty (20) days after receiptof invoice. (Para 20.00) Public Agency - Certification Design Submittal - Plans and Notwithstanding the provisions of this paragraph, the Port, Specifications upon request by the department, shall provide signed and (Certification) sealed plans and specificationstothe Department for review. (Para 13.00) Department Reserves :he rightto review, and approve any and Third Party Agreements all Third Party Agreemems. Para 10.101 Project Comple#ion, Agency Public Agency Certification -End of Projec: Certification Para 14.00) PublicAgency C11 (July, August. September) Due by October 3151 Quarterly Reports Ct2 �Dctober. November, December) due by January 31st Q3 January, February, March) Due by April 30fh CA April, May, June) Due by July 31s7 (Para 2.40) Packet Pg. 203 8.P.2.c FM NO.: 440703-1-94-02 CONTRACT NO. AGREEMENT DATE: Page 1 of 1 STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Agency: Florida Department of Transportation State Project Title: SEAPORT GRANTS CSFA Number: 55.005 Award Amount*: $255,000.00 *The state award amount may change with supplemental agreements. Specific project information for CSFA Number 55.005 is provided at: https:Hgpps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.005 are provided at: htt2s://gpps.fldfs.com/fsaa/searchCoMpliance.asj2x The State Projects Compliance Supplement is provided at: htt2s:Hgpps.fldfs.com/fsaa/coMpliance.aspx Packet Pg. 204 8.P.3 ITEM NO. (ID # 4828) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Kimberly Graham, County Engineer Engineering DATE 11/21/2017 *CONSENT AGENDA\PUBLIC WORKS Midway Road Widening (Selvitz Road to S. 25th Street) - Ardaman & Associates Fourth Amendment to Work Authorization No. 29 The County is currently improving Midway Road from Selvitz Road to 25th Street. St. Lucie County began the construction of Midway Road Widening (Selvitz Road to S. 25th Street) project in December 2014. Ardaman & Associates, Inc. is assisting with Construction Materials Testing on an as -needed basis. Their initial Work Authorization was for $49,990. October 20, 2015 - Board approved the First Amendment to Work Authorization No. 29 (C07-07-454) with Ardaman & Associates, Inc. in the amount not to exceed $415,965.00 for Midway Road Widening (Selvitz Road to 25th Street). January 25, 2017 - County Administrator executed the Second Amendment to Work Authorization No. 29 with Ardaman & Associated, Inc. for a time extension only. June 21, 2017 - County Administrator executed the Third Amendment to Work Authorization No. 29 with Ardaman & Associated, Inc. in the amount not to exceed $40,000. The attached Fourth Amendment to Work Authorization No. 29 (C07-07-454) with Ardaman & Associates, Inc. in the amount not to exceed $685.65, for a total work authorization amount not to exceed $506,640.65, is for Construction Materials Testing for Midway Road Widening (Selvitz Road to 25th Street). The contractor, Dickerson Florida, Inc. will be reimbursing the County in the amount of $26,965 due to failed lab tests. 7:7AT1[NIVIVITs"[eP►F July 15, 2015 - County Administrator executed Work Authorization No. 29 in the amount of $49,990 with Ardaman & Associated, Inc. October 20, 2015 - Board approved the First Amendment to Work Authorization No. 29 (C07-07-454) with Packet Pg. 205 8.P.3 Ardaman & Associates, Inc. in the amount not to exceed $415,965.00 for Midway Road Widening (Selvitz Road to 25th Street). January 25, 2017 - County Administrator executed the Second Amendment to Work Authorization No. 29 with Ardaman & Associated, Inc. for a time extension only. June 21, 2017 - County Administrator executed the Third Amendment to Work Authorization No. 29 with Ardaman & Associated, Inc. in the amount not to exceed $40,000. FINANCIAL IMPACT: 310006-4115-563009-4118 (Impact Fees -Midway Rd. Project) RECOMMENDATION: Staff recommends Board approval of the Fourth Amendment to Work Authorization No. 29 to the contract with Ardaman & Associates, Inc. in the amount of $685.65, for an overall total project of $506,640.65, for Midway Road Widening (Selvitz Road to 25th Street). COMMISSION ACTION: Coordination/Signatures Can Wept, Public Works Director 017 Danie 5. McIntyre, C my ttorney 11/13/2017 rk S er ee, Dep County'A ministrato 11/13/2017 Updated: 11/13/2017 1:09 PM by Linda Buchanan A Page 2 Packet Pg. 206 8.P.3.a FOURTH AMENDMENT TO WORK AUTHORIZATION NO. 29 CONTRACT C07-07-427 THIS AMENDMENT is made as of the day of 1 2017, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and ARDAMAN & ASSOCIATES, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on July 24, 2007, the County entered into a Consulting Agreement (Contract No. C07- 07-427) hereinafter referred to as "Contract" with the Consultant to provide continuing professional services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, on July 15, 2015, the parties executed work authorization no. 29 for the project known as "Midway Road Widening"; and, WHEREAS, on October 29, 2015, the parties executed the first amendment to modify the scope of work and increase the compensation; and, WHEREAS, on January 25, 2017, the parties executed the second amendment to extend the completion date of the project to July 31, 2017; and, WHEREAS, on June 21, 2017, the parties executed the third amendment to the work authorization to modify the scope of work, increase the compensation, and extend the completion date to September 30, 2017; and, WHEREAS, the parties desire to further amend the work authorization to increase the compensation. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. COMPENSATION: The cost to perform all services shall be increased for an amount not to exceed $685.65 (six hundred eighty-five and 65/100 dollars) for a total work authorization amount not to exceed $506,640.65 (five hundred six thousand six hundred forty and 65/100 dollars). 2. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the original work authorization and the Continuing Contract shall remain in full force and effect. Page 1 of 2 Packet Pg. 207 8.P.3.a 3. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work on or before September 30, 2017. C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the County will suffer damages which are not capable of ascertainment or calculation, and therefore the Consultant shall pay the County, as liquidated damages, a sum of $100.00 (one hundred and 00/100 dollars) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. ATTEST: DEPUTY CLERK WITNESSES: (1) (2) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ARDAMAN & ASSOCIATES, INC. BY: PRINT NAME: Page 2 of 2 Q Packet Pg. 208