CITY OF EVERGLADES CITY NOTICE OF MEETING AND AGENDA Everglades City Council Mayor: Howell Grimm, Jr. Mayor Pro Tem: Vicky Wells City Council Members:  Michael McComas, Diana Valdes, Tony Pernas, Parker Oglesby City Attorney: Zach Lombardo*City Clerk: Dottie Joiner  THE CITY OF EVERGLADES CITY, WILL HOLD A CITY COUNCIL MEETING ON TUESDAY SEPTEMBER 3, 2024 AT 7:00 PM CONDUCTED HYBRID WITH SOME COUNCIL MEMBERS AND STAFF PRESENT IN PBRSON, COUNCIL CHAMBERS AT CITY HALL EVERGLADES CITY, FLORIDA,  AND OTHERS PRESENT BY VIDEO CONFERENCE  1. 2. 3. 4. 5.  CALLTO ORDER ROLL CALL REPORTS a. Mayor's Report  INVOCATION AND PLEDGE OF ALLEGIANCE  APPROVAL, ADDITIONS, OR DELETIONS TO. AGENDA  b. Acceptance ofl Financial Statement/July 2024 Collier County Sheriff's Department Report d. Greater Naples Fire District Report  e. Utilities Report  . Building Inspector/P & Z/Code Enforcement g. Financial Administrators Report PRESENTATIONS PRIMARY BUSINESS  6. 7.  a. Consideration and approval ofl Resolution 2024-17/lentative Millage b. Consideration and approval ofl Resolution 2024-18/Tentative Budget  Consideration and approval of Resolution 2024-21/No Suitable Lands for Affordable Housing d. Consideration and approval of Second Reading ofOrdinance 2024-6/Amended Water Rate Consideration and approval of Second Reading ofOrdinance 2024-7/Amended Sewer Rate ( Consideration and approval of Second Reading of Ordinance 2024-8/Regulations Regarding Grinder Consideration and approval of City Hall Roof Repair/ITB 24-2/State Local Fiscal Recovery Funds h, Consideration and approval ofl Repairs to City Street Lighting ITB 24-3/FEMA Project Consideration and approval ofl Recommendation for Contractor Selection/Gravity Sewer System  Pumps  Improvements/TB 24-4/FDEP Grant Project    Consideration and approval of Settlement Offer to Veolia k. Consideration and approval oft monthly Retainage Fee/WPL - Consideration and approval of] Everglades Farmer's Market m. Consideration of Bad Debts for 2023/2024 n, Consideration ofCity Owned Dock Leases (61 month) APPROVAL OF MINUTES/8-6-24 & 8-27-24  8. 9.  PUBLIC COMMENT  10. CITY REPORTS b. City Attorney c. Mayor 11. ADJOURNMENT  a. Council Members: Michael McComas, Diana Valdes, Vicky Wells, Tony Pernas, Parker Oglesby  APPEALNOTICE: ANY PERSON WHO DECIDES TO APPEAL Al DECISION BY THIS COUNCIL WILLI NEED. A RECORD OF THE PROCEBDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, UPON WHICHTHE APPEAL ISTOBEI BASED. THE CITY OF) EVERGLADES SHALL NOT BEI RESPONSIBLE FOR PROVIDING THIS RECORD. THIS. AGENDA WAS POSTED AT CITY HALL, CITY OF EVERGLADES WEB PAGE AND EVERGLADES CITY STRONG FB PAGE, THIS 29th DATE OF AUGUST 2024) BY DOTTIE PUBLIC COMMENT NOTICE: ALL PERSONS WISHING TO SPEAK IN PERSON ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE MEETING. ALL PERSONS WISHING TO SPEAK VIRTUALLY VIAZ ZOOM ONANY. AGENDA ITEM MUST REGISTER BY EMAILING CITY CLERK DOTTIE JOINER @ismalivond@ctyoleverendesore. ALL REGISTERED PUBLIC SPEAKERS WILLI BEI LIMITED TO THREE (3) MINUTES, OR IF IN' WRITING 400 WORDS. INSTRUCTIONS ONJ HOWTOVIEW. AND] PARTICIPATE INMEETING The public may attend either electronically or inj person on September 3, 2024, which begins at 7:00 p.m. Watch the meeting online and provide public comment live during the meeting: To request to speak during the meeting, you must send an email tol Dottie. Joiner, City Clerk @ dsmallvyoot@cityoleverylades.org prior to 5 p.m. on September: 3, 2024. Zoom instructions: Fort the September 3, 2024 meeting, please use the meeting link  JOINER, CITY CLERK.  Request to speak instructions:  Itnsuluswcb.zaom.t2BIG7AITane-NTNTIKAGIAUNIZZhOminyistiallassont: 34139 virtually attend and watch the meeting by computer, tablet, or smartphone. Those who have pre-registered to speak, will be called upon and the appropriate time limits willl be enforced. Ifjoining from a tablet or smmartphone, you will need to download the free Zoom app from your device's apps store. Ifjoining from a computer, your computer will automatically download andi install (ifneeded) the Zoom program. Ifyou currently have Zoom installed on your computer, tablet, or smartphone, you may. join the meeting by Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk'so office  entering the meeting ID: 291 6297131 and Password: 34139. Dial in option: 1 929 205 60991 US 239-695-4558 48 hours in advance oft the meeting. a.F For public comment questions: b.E For questions on connecting to the meeting: 2. Provide) public comment in writing:  For additional information or assistance please contact the following prior to the meeting: Dottie. Joiner, City Clerk, ismallyondeltyofeverglades.org or (239)695-4558 Karen Cochran, kedinmatbsfsrntsent (239) 777-6614 To provide public comment in writing to be read during the virtual meeting, you must submissions willl be read into thei record, as limited tot the: first  send ane email tol Dottie. Joiner, City Clerk @ dsmallyoo@cityoleyerplades.Org prior to 5p p.m. on September: 3, 2024. All  400 words.    ITEM 2a  RESOLUTION 2024-17  NI  ARESOLUTION OF THE CITY OF EVERGLADES CITY OF COLLIER COUNTY,FLORIDA, ADOPTING THETENTATIVE LEVYING OF AD VALOREMTAXES FOR COLLIER COUNTY FOR FISCAL YEAR 2024/2025; WHEREAS, the City of] Everglades City of Collier County, Florida, on September 3, 2024, adopted Fiscal Year 2024/2025 Millage Rates following a public hearing as  PROVIDING FOR. AN EFFECTIVE DATE.  required by Florida Statute 200.065;  WHERLAS, the City of Everglades City ofCollier County, Florida, held aj public WHEREAS, the gross taxable value for operating purposes not exempt from taxation within Collier County has been certified by the County Property Appraiser to the City of NOW,THEREFORL, BEI IT RESOLVED BY' THE CITY COUNCIL OF THE 1. The FY 2024/2025 operating millage rate is 6.9333 mills which is more than the  hearing as required by Florida Statute 200.065; and  Everglades City as $131,264,097.  CITY OF EVIERGLADES CITY, FLORIDA, THAT:  Rolled-back rate of 5.9637: mills by 16.26%.  2. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF EVERGLADES CITY,FLORIDA THIS SEPTEMBER 3, 2024.  ATTEST:  Dottie Joiner, City Clerk  Howell Grimm, Jr. Mayor Michael McComas, Councilperson Diana Valdes, Councilperson Vicky Wells, Councilperson Tony Pernas, Councilperson Parker Oglesby, Councilperson    IrN  y  RESOLUTION 2024-18  Al RESOLUTION OF THE CITY OF EVERGLADES CITY OF COLLIER COUNTY, FLORIDA, ADOPTING THE TENTATIVE BUDGET FOR: FISCAL YEAR 2024/2025; PROVIDING FOR. AN: EFFECTIVEDATE. WHEREAS, THE City of Everglades City of Collier County, Florida, on September 3,2024, held a public hearing as required by Florida Statute 200.065; and WHEREAS, the City of] Everglades City ofCollier County, Florida set forth the appropriations and revenue estimate for the Budget for Fiscal Year 2024/2025 in the  amount of$32,064,559.00.  NOW, THEREFORL, BEI IT RESOLVED BY THE CITY COUNCIL OF THE  CITY OF EVERGLADES CITY, FLORIDA THAT: 1. Thel Fiscal Year 2024/2025 Budget be adopted.  2. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF EVERGLADES CITY, FLORIDA, THIS SEPTEMBER 3, 2024.  ATTEST:  Dottie Joiner, City Clerk  Howell Grimm, Jr. Mayor  Michael McComas, Councilperson Diana Valdes, Counciperson Vicky Wells, Councilperson Tony Pernas, Councilperson Parker Oglesby, Councilperson    MARANCA  RESOLUTION NO. 2024-21  S  A RESOLUTION OF THE CITY OF EVERGLADES CITY, FLORIDA, PURSUANT SECTION 166.0451 FLORIDAS STATUTES FINDING NO SUITABLE LANDS FOR. AFFORDABLE HOUSING; AND PROVING FOR. AN EFFECTIVE WHEREAS, pursuant to section 166.0451, Florida Statutes, each municipality must prepare an inventory of all real property within its jurisdiction to which the municipality or any dependent special district within its boundaries holds fee simple title which is appropriate for use as affordable housing and  DATE.  review the inventory list at aj public hearing;  WHEREAS, the City has no Dependent Special Districts; and  WHEREAS, the City has conducted a review of all real property it holds fee simple title to, prepared an inventory list of potential real property that would be suitable for use as affordable housing, held a public hearing pursuant to Florida law, and has found no suitable lands, as all real property owned by the City is currently in use, isp planned to bei int use by the City for municipal purposes, ori is green space. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SECTION1 1. Recitals. The above recitals are true, correct, and incorporated by reference as ifs set forth SECTION2.1 Inventory List-P Pursuant tos section 166.0451, Florida Statutes, the City ofEverglades City  EVERGLADES CITY, FLORIDA, THAT:  fully herein.  hereby adopts thei following inventory ofCity property suitable for affordable housing:  None.  SECTION: 2. Effective! Date- This Resolution shall take effect immediately uponi its] passage and adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF EVERGLADES  CITY,FLORIDA, THIS  2024.  Howell Grimm, Jr:. Mayor  Michael McComas, Councilperson Diana Valdes, Councilperson Vicky Wells, Councilperson Tony Pernas, Councilperson Parker Oglesby, Councilperson  APPROVED. ASTOLEGALFORME  Zachary W.J Lombardo, Esq., City Attorney  ATTEST:  Dottie Joiner, City Clerk    ORDINANCENO.: 2024-6  SNIR  AN ORDINANCE OF THE CITY OF EVERGLADES CITY, FLORIDA, REPLACING ORDINANCE NO. 2021-06; ESTABLISHING A REVISED RATE FOR WATER SERVICE IN THE CITY AND IN THE URBAN SERVICE AREA; PROVIDING FOR PUBLICATION IN ACCORDANCE WITH THE REQUIREMENTS OF LAW; PROVDINGFORSPVABLT, AND PROVIDING FOR AN EFFECTIVE DATE  WHEREAS, Ordinance Nos. 2021-06, 2020-10, 2019-3, 2018-10, 2012-05, 1997-02 and 1992-5 adopted by the City of Everglades City Council amended the water rate schedule Section 5.A. of Ordinance No. 1980-6 to provide for revised residential and commercial user rates that permit the City  to maintain a self-supporting potable-water system;  WHEREAS, the water system must be maintained continuously (24/7 365 days per  year);  WHEREAS, the City had a water rate: study completed by Veolia Water - North America in 2018, WHEREAS, Southwest Florida Water Management District approved the Tiered Increase Water  which showed the need for a "Tiered Increase Water Rate Schedule";  Rate Schedule on March 27, 2018, through the issuance of permit 11-00160-W; WHEREAS, the City initiated thei first tiered increase in 2018;  WHEREAS, the permit mandates the City to reevaluate the rates annually against best available WHEREAS, in 2019 the City had an updated Water asset management plan which contained a WHEREAS, the City initiated a rate increase in 2019 pursuant to the updated asset management WHEREAS, in 2021 the City had an updated Water asset management plan which contained a WHEREAS, in 2024 the City had an updated Water asset management plan which contained a WHEREAS, after reviewing the best available date, to continue to sustain a self-supporting potable-water delivery system while conserving the City's water resources, the City has determined the  data;  drinking water fiscal sustainability analysis completed by, Florida Rural Water Association;  plan;  drinking water fiscal sustainability analysis completed by, Florida Rural Water Association; drinking water fiscal sustainability analysis completed by, Florida Rural Water Association;  rates should be increased; and of this rate increase. FLORIDA, THAT:  WHEREAS, the City notified water utility customers in accordance with Florida law ofi the hearing NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EVERGLADES CITY, SECTION 1. The above recitals are true, correct, and incorporated by reference as ifset forth fully! herein.    SECTION 2. Ordinance 2024-6 is hereby replaced and section 5.A. of Ordinance No. 1980-6, as amended, is "A Rate schedule is hereby adopted by the City providing for the following residential rates within  hereby amended as follows:  the City:  1.! Within the City of Everglades City = Residential account after October 1, 2024  Water First 3,000 gallons 3,001 to 9,999 gallons All over 10, 000 gallons  Rate  $48.70 per month - Minimum base fee an additional $8.70 per 1,000 gallons an additional $11.41 per 1,000 gallons  Commercial rates within the City are hereby established as follows:  2. Within the City of Everglades City = Commercial account after October 1, 2024  Water First 3,000 gallons 3,001 to 9,999 gallons All over: 10, 000 gallons  Rate  $48.70 per month - Minimum basei fee an additional $8.70 per 1,000 gallons an additional $11.41 per: 1,000 gallons  Residential and commercial rates not in the City but within the Urban Service Area are hereby 3. Within the Urban Service Area = Residential and Commercial account after October 1, 2024  established as follows:  Water First 3,000 gallons 3,0011 to 9,999 gallons All over 10, 000 gallons  Rate  $52.59 per month = Minimum baset fee an additional $9.41 per 1,000 gallons an additional $12.33 per 1,000 gallons"  SECTION 3.1 This Ordinance shall be published in accordance with the requirements ofi law.  SECTION 4. Each provision of this Ordinance shall be deemed separate and severable and if any  section or part thereof is held to be invalid by a court of competent jurisdiction, the  remainder of the Ordinance shall not be affected.  SECTION 5. This Ordinance shall become effective immediately upon its passage and adoption.    PASSED ON FIRST READING August 6, 2024. PASSED ON SECOND. AND FINAL READING,  2024.  Howell Grimm, In Mayor  APPROVED ASTO FORM:  Zachary W. Lombardo, Esq., City Attorney  Michael McComas, Councilperson  Diana Valdes, Councilperson  ATTEST:  Vicky Wells, Councilperson  Dottie Joiner, City Clerk  Tony Pernas, Councilperson  Parker Oglesby, Councilperson    TEN  ORDINANCE NO. 2024-7  S  AN ORDINANCE OF THE CITY OF EVERGLADES CITY, FLORIDA, REPLACING ORDINANCE 2021-07 AND AMENDING ORDINANCE NO. 1991-3 AND ORDINANCENO1B8D6ETABISANGARIVISED RATE FOR SEWER SERVICE IN THE CITY AND IN THE URBAN SERVICE AREA; PROVIDING FOR PUBLICATION IN ACCORDANCE WITH THE REQUIREMENTS OF LAW; PROVIDINGFORSEVERABILITY; AND PROVIDING FOR ANI EFFECTIVE DATE  Ze  WHEREAS, Ordinance Nos, 2021-07, 2020-11, 2019-4 and 1991-3 adopted by the City of Everglades City Council amended the Sewer rate schedule Section 5.B of Ordinance No. 1980-6 to provide for residential and commercial user rates that permit the City to maintain a self-supporting  Sewer system; year);  WHEREAS, the Sewer system must be maintained continuously (24/7 365 days per  WHEREAS, in 2019 the City! had a Sewer asset management plan which contained a wastewater WHEREAS, in 2021 the City updated their Sewer asset management plan which contained a wastewater fiscal sustainability analysis completed by, Florida Rural Water. Association; WHEREAS, in 2024 the City updated their Sewer asset management plan which contained a wastewater fiscal sustainability analysis completed by, Florida Rural Water Association; WHEREAS, after reviewing the wastewater fiscal sustainability analysis, to continue to sustain a self-supporting wastewater system, the City has determined the rates should be increased; and WHEREAS, the City, pursuant to the asset management plan, initiated thet first increase in 2018; WHEREAS, the City notified: sewer utility customers in accordance with Florida law ofthe hearing NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EVERGLADES CITY, SECTION1.The: above recitals are true, correct, and incorporated by reference asi if set forth fully herein. SECTION 2. Section 5.B. ofOrdinance No. 1980-6, as amended, ish hereby amended as follows: "A Rate schedule is hereby adopted by the City providing for the following residential rates within  fiscal sustainability: analysis completed by, Florida Rural Water Association;  oft this rate increase. FLORIDA, THAT:  the City:  1. Within the City of Everglades City = Residential account after October 1, 2024  Sewer First 3,000 gallons All over 3,001 gallons  Rate  $61.68 per month Minimum base fee an additional $8.72 per 1,000 gallons    Commercial rates within the City are hereby established as follows:  2. Within the City of Everglades City = Commercial account after October 1, 2024  Sewer First 3,000 gallons All over 3,001 gallons  Rate  $86.23 per month - Minimum base fee an additional $8.72 per 1,000 gallons  Residential and commercial rates not ini the City but within the Urban Service Area are hereby  established as follows:  3.Within the Urban Service Area = Residential account after October 1, 2024  Sewer First3,000 gallons All over 3,001 gallons  Rate  $66.60 per month - Minimum basei fee an additional $9.42 per 1,000 gallons  4. Within the Urban Service Area = Commercial account after October 1, 2024  Sewer First 3,000 gallons All over 3,001 gallons  Rate  $93.12 per month - Minimum base fee an additional $9.42 per 1,000 gallons"  SECTION 3. This Ordinance shall be published in accordance with the requirements ofl law.  SECTION 4. Each provision of this Ordinance shall be deemed separate and severable and if any  section or part thereof is held to be invalid by a court of competent jurisdiction, the  remainder oft the Ordinance shall not be affected.  SECTION 5. This Ordinance shall become effective immediately upon its passage and adoption.    PASSED ON FIRST READING August 6, 2024 PASSED ON SECOND AND FINAL READING  2024.  Howell Grimm, Ir. Mayor  APPROVED AS' TO FORM:  Zachary W. Lombardo, Esq. City Attorney  Michael McComas, Councilperson  Diana Valdes, Counciiperson  ATTEST:  Vicky Wells, Councilperson  Dottie Joiner, City Clerk  Tony Pernas, Councilperson  Parker Oglesby, Councilperson    AGENDA NUMBER  maLp  ORDINANCE NO. 2024-8  AN ORDINANCE OFTHE CITY OF EVERGLADES CITY FLORIDA DELINEATING RESPONSIBILITIES FORI PROPERTY OWNERS CONNECTED TOTHE CITY'S WASTEWATERTERTREATMENT SYSTEM; PROHIBITING CERTAIN DISCHARGES; PROVIDING FOR CONFLICT AND SEVERABILITY AND PROVIDING FOR. AN EFFECTIVE  DATE.  WHEREAS, Art. VIII, Section 2(b) of the Florida Constitution grants municipalities governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and to exercise any power for municipal  purposes, except when expressly prohibited by other law; collection and transmission to a wastewater treatment plant;  WHEREAS, The City of Bverglades City provides a wastewater treatment system including WHEREAS, Effective February 6, 2001, the City adopted its Policy and Procedures for Low- WHEREAS, the City recognizes that factors impacting the operation and maintenance ofthe grinder pumps fall beyond the scope of the City's control, but many such factors are within the property owner's control, and the proper operation oft the grinder pumps can impact the wastewater  Pressure Wastewater Collection System ("LPWCS Policies and Procedures");  treatment system as a whole; and  WHEREAS, The City Council desires to implement regulations in support of its existing LPWCS Policies and Procedures regarding the grinder pumps and inputs to the wastewater treatment  system.  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY  OF EVERGLADES CITY, FLORIDA, AS FOLLOWS:  Section 1.  Recitals and Findings. The above recitals are true, correct, and incorporated by  reference as ifset forth fully herein.  Section 2. Property Owner's Responsibility. In addition to any and all obligations in the LPWCS Policies and Procedures, Property owners are. responsible for ensuring that no prohibited materials are discharged into the City's wastewater treatment system. Should a grinder pump malfunction where there is no failure of the City's equipment, the Property owner shall be responsible for the replacement of the grinder pump, ifint the sole discretion of the City that is required, or, maintenance, subject to Section 3  below.  Section 3.  Maintenance. The City shall maintain and operate the grinder pumps in the City.  City staffwilll be available 011 a 24/hour call basis to maintain and repair the grinder pumps. The cost ofa first visit to the site by City personnel responding to a customer's call regarding an apparent problem with the grinder pump will be at no charge to the property owner, regardless of fault. Should it be determined    that there is no failure of City equipment, a warning shall be issued to the property owner. All additional visits to the sitel by City personnel where there is no failure ofCity equipment will be paid for at cost by the  property owner.  Section 4. Prohibited Discharges and Actions. Property owners shall not cause any materials that could cause damage to the grinder pumps or the wastewater treatment system into the City's wastewater system. Such items shall include, but are not limited to: Any paper dishes, cups, milk containers or similar products, whether whole or ground, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, woods, unground garbage, whole blood, paunch manure, hair and fleshings, entrails or similar solid or viscous substance capable of causing obstructions to the flow ins sewers or other interference with the proper operation oft the sewage works. Property Owner shall not  remove the caps to any grinder pumps or cleanouts to drain stormwater,  Section 5. Conflict and Severability. In the event that this Ordinance conflicts with any other ordinance ofThe City ofE Everglades City, the LPWCS Policies and Procedures, or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining  portion. and adoption.  Section 6. Effective Date. This Ordinance: shall take effect immediately upon its passage  PASSED ON FIRST READING  2024 2024  PASSED ON SECOND. AND FINAL READING  Howell Grimm Jr., Mayor  Michael McComas, Councilperson Diana Valdes, Councilperson Vicky Wells, Councilperson Tony Pernas, Councilperson Parker Oglesby, Councilperson  APPROVEDASTOLBGALFORM:  Zachary W. Lombardo Esq. City Attorney  ATTEST:  Dottie Joiner, City Clerk    City of Everglades P.O. Box 110, Everglades City, Collier County, Florida 34139  City Hall 102 Copeland. Avenue. N.  TEN  Phone (239)695-3781  Fax (239)695-3020  y  CITY HALL ROOF REPAIR  ITB 24-2  STATE LOCAL FISCAL RECOVERY FUNDS  Accepted/ Awarded Memo  Company Submitting Bid CMM ROOFING INC 2231 72nd TERRACEE SARASOTAI FL34243 JENKINS ROOFING TAMPA,INC 2402 WI BAKER ST PLANT CITY FL33563 All Bids were submited by 8/2/2024 @11:00am Deadline in DemandStar  Bid Amount $114,900.00 $196,600.00  Contractor Is licensed to perform work In Collier County. Bid was the lowest responsive. Contractor has applied fora al license to perform work in Collier County. Bid was NOT the lowest  responsive.    Gplh 19929 SW: 1st Street Miami, FL33135 Phone: 305.274.4805 Fax: 305.274.4807  y  mor  August 13, 2024 Howie Grimm Jr. Mayor City of] Everglades City  RE: Recommendation for Contractor Selection Gravity Sewer System Improvements  Everglades City Wastewater Treatment Facility iImprovements  Dear Mayor Grimm,  CPH, LLC. has reviewed the contractor bids for the Gravity Sewer System Improvements project (ITB 24-4). There were four bidders that submitted timely packages for review, including: Miller Pipeline, Insituform Technologies, SAK Construction, LLC., and Hinterland Group, Inc. Bids ranged between CPH has reviewed the bid documents supplied by each bidder and has found all bids to be in compliance with the requirements of the City's bidding process. Please see attached breakdown and review of unit costs associated with the bid. There were potential discrepancies with two line item costs from the lowest bidder (Miller Pipeline), with costs appearing to be lower than the average. After review ofthe documents, CPH recommends the City move forward with awarding the bid to the Should you have any questions or require additional information, please do not hesitate to contact Kylel Bechtelheimer via phone at (305)274-4805 or email atl Kbechtelheimer@ephcorp.com,  $1,730,959.90 and $3,148,021.87.  These discrepancies are oflimited concern and risk to the City. lowest bidder, Miller Pipeline, in the amount of $1,730,959.90.  Sincerely, KIBES Kyle Bechtelheimer, P.E Client Services Manager CPH, LLC        August 9, 2024 Bye email Harold Lang, Esq.  My  MTpAN  Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC  3350 Virginia Street, Suite 500 Coconut Grove, FL33133-5341 nlang@wwhgd.com  Re: CONFIDENTIALSETILEMENT COMMUNICATIONS  Veolia Water North America = South, LLC V. City of Everglades City, Case No. 2:18-cv-  00785-UA-CM  Dear Mr. Lang:  THE FOLLOWING SETTLEMENT OFFER, INCLUDING ANY ENCLOSURES OR ATTACHMENTS, SSUNITIPTOYOVIRONK PRIVILEGE, ANDSHALLNOT BE ADMISSIBLE IN COURT. AS COUNSEL, I DO NOT HAVE THE AUTHORITY TO MAKE. ADMISSIONS ON BEHALF OF OR BIND MY CLIENT. ANY SETTLEMENT IS NOT VALID UNTIL REDUCED TO A WRITTEN SEITLEMENT AGREEMENT AND As you are aware, our law firm represented the City ofE Everglades City (the "City"), in the above- referenced litigation. Please advise ifyour firm continues toi represent Veolia Water. North America South, LLC ("Veolia"). On November 26, 2019, Veolia and the City executed a settlement agreement (the "Settlement Agreement") through which the City would pay Veolia a total of $507,300.00 (the "Principal") over eight years at a 3% interest per year, in monthly installments, as repayment under a prior Agreement for Operations and Maintenance Services. The City has paid Veolia at total of $345,123.89, whichi includes $291,849.27 towards the Principal and $53,274.62 in interest payments. As of today, the remaining balance of the Principal is $215,450.73, payable over the remainder oft the eight-year term. Since the beginning of the term, Accordingly, to bring the settlement term to a conclusion, the City offers Veolia the following settlement offeri in full resolution of the above-referenced Settlement. Agreement: 1. The City shall pay Veolia al lump sum payment of $100,000.00, within thirty (30) days of acceptance of this settlement offer, as full satisfaction of the remaining debt under the 2. Veolia shall release the City from its remaining debt and obligations under the above-  SIGNED BYTHEI PARTIES.  the City has made all payments in a timely manner.  Settlement Agreement.  referenced Settlement, Agreement.  Page 1of2    Unless otherwise revoked by the City, this settlement offer is open for acceptance, in writing, until August X, 2024, at 5:00 P.M. Please contact the undersigned with any questions you may have  regarding this offer. Sincerely,  Zachary W. Lombardo, Esq.  Page 2 of2    CPAA  AL  THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES  This Amendment, entered into this 3rd day of September, 2024, (the "Effective Date")by and between the City of Everglades City, Florida, a Florida municipality with its principal address at 102 Copeland Ave. North, Everglades City, FL 34139 ("City"), and Woodward, Pires & Lombardo, P.A., a Florida Professional Association with its principal address at 606 Bald Eagle  Drive, Suite 500, Marco Island, FL34145 ("Attorney"). Services, as amended (the "Agreement"); amend compensation to the Attorney.  WHEREAS, Attorney serves as City's Attorney of record under an Agreement for Legal WHEREAS, City and Attorney now desire to amend Section 2.1 of the Agreement to NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, and for other good and valuabie consideration, the receipt and adequacy of which is  hereby yacknowledged, City and Attorney agree as follows: ARTICLE 1-A AMENDED COMPENSATION  Section 2.1 ofthe Agreement, as amended, is hereby amended to state:  "City shall compensate Attorney $8,500.00 per month for all services provided under this Agreement. Attorney shall provide a statement of services on a monthly basis and payment shall  be due within 30 days oft the statement." ARTIGEZ-SEVERABLITY  If any one or more provisions of this amendment is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions hereof will not in any way be affected or impaired thereby and this amendment shall be treated as though the invalidated portion(s) had never  been a part hereof.  ARTICLE3-S SUCCESSORS AND ASSIGNS  Cityand Attorney each binds himselfand his partners, successors and assigns to the other party of this amendment and to the partners, successors and assigns of such other party with respect to all covenants of this amendment. Neither City nor Attorney shall assign, sublet or transfer any interest in the amendment without the written consent of the other.  ARTICLE 4 A AMENDMENT  This amendment may not be amended or modified except in writing, executed by the  parties.  1    ARTICLE 5-WAIVER  No waiver of any default or failure to perform is valid unless set forth in writing by the waiving party and no waiver of any default or failure to perform is a waiver of any other default or failure to perform under this amendment, or of any rights or remedies to which either party  may be entitled to on account of any such default or failure to perform.  IN WITNESS WHEREOF, the Partieshave executed this agreement as oft the Effective Date.  The City of Everglades City  Mayor  Counciperson Counciperson Counciiperson Counciperson Councilperson  ATTEST:  Dottie. Joiner, City Clerk  Woodward, Pires & Lombardo; P.A. .9 Christopher: Lombardo,Esq. Shareholder- 22  2    EVERGLADES FARMERSMARKET LICENSE AGREEMENT  May  par  This License Agreement ("Agreement') is entered into on this 3d day of September 2024, (the "Effective Date") by and between City of Everglades City, a Florida municipality, ("Licensor") and the Everglades Farmer's Market, a Florida non-profit corporation ("Licensee") for the Now, therefore, in consideration of mutual covenants set forth herein, and other good and valuable consideration. Licensor hereby grants a license to Licensee for the use of the particular land and improvements in the City of Everglades City, Collier County, Florida, described in Exhibit "A" attached (the "Licensed Premises") and for the purpose of running the Everglades  purpose of facilitating the Everglades Farmer's Market.  Farmer's Market" described herein.  ARTICLEONE TERM AND USE  1.1 The term of this Agreement shall be from the Effective Date for one year. 1.2 The term of the real property license shall be for each Saturday 7:00am - 2:00pm 1.3 The City shall have the right to terminate this Agreement for any reason upon 5  (the "License Term"). days' written notice.  ARTICLETWO NAME AND PURPOSE  2.1 Licensee shall name and market the event as the Everglades Farmer's Market". 2.2 Licensee shall use the Licensed Premises solely for preparing for and conducting thereon and removing therefrom, booths, exhibits, equipment and stages, i.e., everything used for  staging and conducting the Everglades Farmer's Market.  ARTICLE' THREE LICENSE FEE  3.1 Licensee has agreed to pay Licensor, without any prior demand therefor, the sum of $10.00 as a license fee for the entire term of this Agreement (the "License Fee"). To be paid 30  days before the commencement of the License Term.  ARTICLE FOUR  RESPONSIBILITIES AND OBLIGATION OF LICENSEE  In addition to the other responsibilities and obligations of Licensee, Licensee shall have the  below responsibilities and obligations.  4.1 Licensee agrees to expend a reasonable effort to advertise, promote, and solicit promotional donations to assure to economic success of the Everglades Farmer's Market.  1of6    4.2 Licensee shall, for the entire License Term, keep in full force and effect a public policy ofLiability and Property Damage Insurance with respect to the Licensed Premises and the activities conducted by Licensee on Licensed Premises, in which policy limits of public liability shall not be less than $1,000,000.00 per person and $1,000,000.00 per accident, and in which the property damage liability shall not be less than $1,000,000.00. The policy shall name Licensor and persons, firms, or corporations designated by Licensor and Licensee as the named insured. The insurance shall be plaçed with an insurance company approved by Licensor in advance of the Everglades Farmer's Market. Licensee shall provide to Licensor in advance of the first use of the Licensed Premises proof of the insurance required by this Agreement. All insurançe policies shall be from responsible companies duly authorized to do business in the State of Florida and have a minimum rating of "A-"as assigned by AM Best. City shall be given thirty (30) days'  written notice of cancellation, non-renewal, or adverse change to any policies. 4.3 Licensee shall not sell alcohol or permit any vendor to sell alcohol.  4.4 This Agreement is contingent upon and subject to Licensee obtaining all applicable permits and complying with all applicable federal, state, and/or local laws during the term oft this agreement and in the License Term and in the operation of the Everglades Famer's Market.  4.5 Licensee shall provide free booth space to City residents.  ARTICLE FIVE INDEMNITY  5.1 Licensee agree to indemnify and hold harmless Licensor from and against any and all claims, actions, damages, suits, demands, liabilities, and expenses in connection with a loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon, or at the Licensed Premises or any part thereof, or occasioned wholly or in part by any act or omission of Licensee, their agents, contractors, employees, concessionaires, or city employees  performing work for Licensee.  5.2 In the event the Licensor shall be made a party to any litigation commenced by or against Licensee, Licensee shall protect and hold Licensor harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by Licensor in connection with such litigation. Licensee shall also pay all costs, expenses and reasonable attorneys' fees that may be incurred or paid by Licensor in enforcing the covenants and agreements in this Agreement. 5.3 Neither Licensor nor Licensor's agents shall be liable for any damage to property of Licensee entrusted to employees or volunteers assisting Licensor. Nor shall Licensor or Licensor' agents be liable for the loss ofany property ofLicensee by theft or otherwise.  5.4 Notwithstanding anything herein to the contrary, there shall be no indemnification of Licensor for damages caused by Licensor's own negligence or malfeasance or the negligence or malfeasance of Licensor's agents or employees. Licensor shall be fully responsible for same,  unless Licensor's agents or employees were acting at the direction of Licensee.  2of6    5.5 Notwithstanding anything in this Article to the contrary, nothing in this Article shall (1) deny either party a remedy or defense available to them under the laws of the State of Florida, (2) serve as consent of either Party to be sued, or (3) waive the sovereign immunity of  the Licensor beyond the waiver provided in section 768.28, Florida Statutes,  ARTICLE SIX WASTE AND NUISANCE  6.1 Licensee shall throughout the Agreement maintain the Licensed Premises and their improvements in a clean, sanitary, and safe condition, free from waste or nuisance and shall provide dumpsters, trash cans, and sanitary facilities if necessary as determined by the Mayor in his or her sole discretion. Licensee shall return the Licensed Premises in as good of condition as  it was received, free from any waste or damage.  ARTICLES SEVEN  PUBLIC RECORDS AND AUDITING  7.1 Licensee shall allow public access to all documents that, pursuant to chapter 119, Florida Statutes, are public records, subject to the provisions of chapter 119, Florida Statutes, 7.1.1 The Parties acknowledge that failure to cooperate with any public records requests 7.1.2. Licensee agrees to comply with Florida's public records laws, specifically, but (a) Keep and maintain public records required by CITY to perform service. (b) Upon request from CITY'S custodian of public records, provide CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Term and following completion of the contract if (d) Upon completion of the contract, transfer, at no cost, to CITY all public records in possession OfLICENSEE or keep and maintain public records required by LICENSEE to perform the service. IfLICENSEE transfers all public records to the CITY upon the completion of the contract, LICENSEE shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If LICENSEE keeps and maintains public records upon completion of the contract, LICENSEE shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of CITY.  made or received by Licensee in conjunction with this Agreement. shall be considered a material breach of this Agreement.  without limitation, to:  chapter 119, or as otherwise provided by law.  LICENSEE does not transfer records to CITY.  3of6    IF] LICENSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TOLICENSEE'S DUTYT TO PROVIDE PUBLIC: RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, DOROTHY DSMALLWOODQCTTYOPEVERGLADES.ORG, P.O. BOX 110,  JOINER AT (239) 695-3781, EVERGLADES CITY, FLORIDA 34139.  ARTICLE EIGHT MISCELLANEOUS  8.1 Governing Law: This Agreement shall be governed by and interpreted according to 8.2 Severability: In case any one or more of the provisions contained in this Agreement shall for any reason be held to bei invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed asi ifsuch invalid, illegal, or unenforceable provision had never been contained  the Laws oft the State ofFlorida.  herein.  8.3 Entire Agreement: This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings whether written or oral respecting the  subject matter oft this Agreement.  8.4 Amendment: No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date of this  Agreement and duly executed by the parties hereto.  8.5 No. Assignment: This Agreement shall not be assignable by either party.  8.6 E-Verify: The Immigration Reform and Control Act of 1986 prohibits employers from knowingly hiring illegal workers. Licensee will only employ individuals who may legally work in the United States (either U.S. citizens or foreign citizens who are authorized to work in the United States). Licensee will use the U.S. Department of Homeland Security's E-Verify Employment Eligibility Verification system to verify the employment eligibility of all employees. Licensee will include this provision in all subcontracts it enters into under this  Agreement.  8.7 No Guarantee of Future Agreements: This Agreement does not entitle Licensee host the event in the future nor is it a license to use the name Everglades Farmers Music" in any  context other than this event.  8.8 Captions: Article, section, subsection captions, and all other captions contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret define, or limit the intent, scope, and/or extent of this Agreement or any provision hereof.  4of6    IN WITNESS WHEREOF, the undersigned Licensor and Liçensee hereby execute this  Agreement as oft the day and year first above written.  WITNESSES ASTO LICENSOR  LICENSOR The City of] Everglades City  By:  Title: Mayor  WITNESSES ASTOLICENSEE:  LICENSEE Everglades Farmer's Market  By: Title:  5of6    8/28/24, 3:28F PM  Print! Map  sbiscusSTW  biscussl  MAPLEGEND Major Roads Streel Names Parcels Aerlais 20241 Urban [GINI Aerials 20241 Rural (2F1) Colller County  2004. Collier County PropertyA Appraiser. Whilet thec Collier County PropertyA Appraiseri is commitiedt to providing the mosta accurate andu up-to-date information, noy warrantiese expressedo ori implieda are provided  fori thec datal herein, ls use, orifsl Interpretation.  hipshmapclmapaliermhphlapdrpii-al-LNDSCAPEAPpePLETERimN-sasashanvr-s539/03229. 1/1    City of Everglades P.O. Box 110, Everglades City, Collier County, Florida 34139  City Hall 102 Copeland Avenue N.  Phone (239)695-3781  Fax (239) 695-302%  asany ITEM  7m.  BAD DEBT! DISPOSTION20232024  DATE: SEPTEMBER 1, 2024  The Everglades City Council is hereby requested to approve the write-offs oft thet following BAD! DEBTS, and such bad debts tol be removed from the Accounts Receivable for thet fiscal year ending September:30,2024  Prepared by: Dottie Joiner, City Clerk  ACCOUNT# 36 257 722 1266 1831 Council Approval: records.  CUSTOMER NAME Jordan Landrum Billy Potter Adrienna Kelley Terra Nostra Scott Labumbard  AMOUNT $572.66 $5,337.91 $235.06 $4,363.55 $170.54 $10,679.72  The Everglades City Council, in open. meeting on September 3, 2024 considered and approved the above described "Bad Debts" and hereby directs the City Clerk to so reflect this in the City Budgetary, Accounting  Howell Grimm, Mayor  Diana Valdes, Council Member  Parker Oglesby, Council Member  Mike McComas, Council Member  Tony Pernas, Council Member  Vicky Wells, Council Member    8088888 3888 8888888 588 88888: 888 88 o 608 o0 00 d0  00  88            8  38 SS  888 888 888 88 888  8 N 8 3 €  888 888  NNN 388 o op 888