September 17,2024 Regular Meeting 12:00 Noon  City Commission Chambers 2775 Garrison Avenue Port St.. Joe, Florida  On  1638 THE FLORIDA KONSTITUTION  1922 Birthplace of the FLORIDA CONSTITUTION V GOD WE  TRUS  City ofPort St. Joe Rex Buzzett, Mayor-Commissioner: Ericl Langston, Commissioner, GroupI Steve Kerigan, Commissioner, Group II Brett Lowry, Commissioner, Group II Scott Hoffman, Commissioner, Group IV  [All persons are invited to attend these meetings. Any person who decides to appeal any decision made by the Commission with respect to any matter considered at said meeting will need ai record of thej proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is tol be based. Thel Board of City Commission of the City of Port St. Joe, Florida will not provide a verbatim record of  this meeting.]    BOARD OF CITY COMMISSION  Regular Public Meeting 12:00 Noon September 17, 2024  Call to Order  Proclamation Honoring the Life of Chance Gainer  Consent Agenda Minutes  Special Meeting 9/3/24 Planning Board Recommendations  Pages 1-2  Parcel #03040-002R, 68V Salt Pines 2024LLC  Ordinance 610 Future Land Use Map Amendment  Pages 3-17  First Reading  City Engineer  RFP 2024-13 Monument Ave. Paving RFP 2024-14 Allen Memorial Paving  Pages 18-19 Pages 20-21  City Attorney Old Business City Projects New Business  Ordinance 613 Food Truck Amendment- Discussion  Pages 22-24 Pages 25-26 Page 27 Pages 28-31 Pages 32-52 Pages 53-55  F1271 Recycle- Christina & Richard Bracken Special Master Contract Workforce Board Bldg. Roof BCC Contract Resolution 2024-08 Trash Rates  Public Works Update Surface Water Plant Update    Wastewater Plant Update Finance Director FEMA- Update FRDAP Grant Applications Grants Reimbursement- Update  Resolution2024-09, Benny Roberts Sports Park Phase II Resolution 2024-10 George Core Park Phasel  Page 56 Page 57  Code Enforcement Update Police Department Update City Clerk  Grants- Update  Pages 58-59 Page 60  Centennial Bldg. Grand Re-Opening  Citizens to be Heard Discussion Items by Commissioners Motion to Adjourn    MINUTES OF THE SPECIAL MEETING FOR THE FISCAL YEAR 2024. - 2025 BUDGET FOR THE CITY OF PORT ST. JOE; ORDINANCE 611: AD VALOREM TAX; ORDINANCE 612: 2024-2 2025 BUDGET FOR FY 2024 - 2025 WITH THE BOARD OF CITY COMMISSIONERS FOR THE CITY OF PORT ST.JOE, FLORIDA, HELD IN THE WARD RIDGE BUILDING, September 3, 2024, at  5:01 P.M.  The following were present: Commissioners Hoffman, Kerigan, Langston, and Lowry. City Manager Jim Anderson, City Clerk Charlotte Pierce, Deputy Clerk Ingrid Bundy, Finance Director Mike Lacour, Police Chief Jake Richards, and City Attorney Clinton McCahill, were also present. Mayor Buzzett was absent, and the meeting was chaired by The purpose oft the Special Meeting was Ordinance 611-2024/2025. Ad Valorem Tax Millage Rate First Public  Mayor pro tem Brett Lowry.  Hearing; Ordinance 612 - 2024/2025 Budget Public Hearing.  City Attorney- -  Ordinance 611 Ad Valorem Property Taxes 2024- 2025, Public Hearing, First Reading  No one from the public wished to address the Commission. Ordinance 611. All ini favor; Motion carried 4-0. Attorney McCahill read Ordinance 611 in its entirety.  Al Motion was made by Commissioner Kerigan, second by Commissioner Langston, to have the First Reading of  The Ad Valorem Property Tax Millage Rate for Municipal Purposes to be levied on the taxable property within the City limits of the City of Port St. Joet for the Fiscal Year Beginning October 1, 2024, and ending September 30, 2025, is set at the rate of 3.5914 mills. The percentage by which this millage rate to be levied is more than the rolled-back rate of  3.2975 mills (computed pursuant to Florida law) is 8.91% Ordinance 612 Budget 2024- 2025, Public Hearing, First Reading:  A Motion was made by Commissioner Langston, second by Commissioner Hoffman, to have the First Reading of Marvin Davis asked ift the Budget Ad has been run in the paper to which Mr. Anderson responded that in keeping with  Ordinance 612.  Florida Law, it will be in the paper next Thursday. Alli in favor; Motion carried 4-0. Insurance Update  Dwight Van Lierop, Insurance Agent, shared that the City's current insurance carrier, PGIT, has offered a revised quote that will save the City money, give more coverage, provide blanket coverage on all buildings, and provide a 2 year rate guarantee. The PGIT coverage is less than the Florida Municipal Trust quote and provides greater Al Motion was made by Commissioner Hoffman, second by Commissioner Langston, to stay with PGIT based on the  coverage.  recommendation from Mr. Van Lierop. All in favor; Motion carried 4-0.  Minutes  A Motion was made by Commissioner Kerigan, second by Commissioner Hoffman, to approve the Minutes of the Regular Meetings of August 6, and August 20, 2024, and the Budget Workshop of August 27, 2024. Alli ini favor;  Motion carried 4-0.  Robert Branch had questions about the Minutes.  1    Citizens to be Heard  Christy McElroy and Robert Branch: shared their concerns with the Commissioners.  Discussion items by Commissioners  There were no other issues to be addressed by the Commissioners.  Motion to Adjourn P.M. Approved this  A Motion was made by Commissioner Hoffman, second by Commissioner Langston, to adjourn the meeting at 5:30  day of  2024.  Brett Lowry, Mayor pro tem Charlotte M. Pierce, City Clerk  Date Date  a    ORDINANCE. NO.610  AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN: FUTURE LAND USE: MAP OF THE CITY OF PORT ST. JOE, FLORIDA BY AND THROUGH PROCEDURES REQUIRED FOR SMALL-SCALE MAP AMENDMENTS PURSUIT TO AUTHORITY UNDER STATE STATUES SECTION 163.3187, SPECIFICALLY CHANGING PARCEL ID NUMBER 03040-002R FROM COMMERCIAL TO RESIDENTIAL R-3, PROVIDING FOR AN AMENDMENT OF THE ZONING MAP OF THE CITY OF PORT ST.J JOE CHANGING FROM C-1 TO R-3; AND PROVIDING FOR REPEAL OF ANY CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN WHEREAS, Section 163.3187, Florida Statutes, provides for the authority and procedure for the City Commission of Port St. Joe, Florida to amend its Comprehensive Plan utilizing procedures WHEREAS, on September 3, 2024, the Planning and Development Review Board sitting as the local planning agency for the City, recommended approval of the small-scale amendment to the WHEREAS, the City Commission desires to adopt the amendment to the current comprehensive plan to guide and control the future development of the City, and to preserve, promote, and NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF PORT ST.  EFFECTIVE DATE.  applicable to small scale developments; and  comprehensive plan and Zoning Map oft the City; and  protect thej public health, safety, and welfare.  JOE, FLORIDA: SECTION1. APPROVAL  The City of Port St. Joe Comprehensive Plan Future Land Use Map and Zoning Map arel hereby amended as set forth on Exhibit "A" and are hereby changed from Commercial land use to Residential R-3 and the Zoning from C-1 to R-3. The application and all documentation submitted by the. Applicant in support ofit arel hereby incorporated by reference. SECTION2. CONSISTENCY WITH CITY OF PORT ST.JOE COMPREHENSIVEYLAN The Board of City Commissioners hereby finds and determines that the approval of the amendment is consistent with the goals, objectives and policies of the City of Port St. Joe  Comprehensive Plan as amended. SECTION3. ENFORCEMENT  The City may. enforce this Ordinance as authorized' by law.  3    SECTION 4. FUTUREI LAND USE! MAP  Upon this Ordinance becoming effective, the City of] Port St. Joe Future Land Use Map shalll be  amended to show the Property as having a land use of] Residential R-3.  SECTION5.. ZONING Exhibit "A" as R-3. SECTION 6. REPEAL  The Zoning map of the City of] Port St. Joe is hereby amended to show the property described in  All ordinances or parts of ordinances in conflict herewith are hereby repealed.  SECTION7. SEVERABILITY  The provisions of this Ordinance are hereby declared to be severable. If any provision of this Ordinance, or the application thereof, to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given  effect without thei invalid provision or application. SECTION! 8. EFFECTIVE DATE  This ordinance shall become effective upon adoption as provided by law.  This Ordinance was adopted in open regular meeting after its second reading this  day of  2024.  THE CITY COMMISSION OF THE CITY OF PORT ST.JOE, FLORIDA  By:  Rex Buzzett, Mayor-Commisioner  Attest:  Charlotte M. Pierce City Clerk  4    EXHIBIT "A"  Future Land Use Map:  03040-002R- - Proposed Future Land Use  MERITAGEIN  46 - BOVOR MONICAOR  ARKAVE MVE  Legend Pace: joa6DCR 0.02 Mles  Proposed! Future Land Use Designation  JOER MEDUCE OBNAPYRESOENA REPDENTAL R-1- R-3. R-28, N-3  usEnc CCMERCIK RECIDENTIAL MARDUCE Low ATENANYO OOMIERCA. COEERCIAL Lows NTENDITY NOLETRA NOUSTRA FURLE  RECREATO ONA. OPENIPACE CONCERIAT,N ABRCUTURAL  5    EXHIBIT "A"  Zoning Map:  03040-002R - Proposed Zoning Map  PU  R-1  VLR  GKFEIS R-1 8 AE RInoA JONCKOR  PU CUE Soisr R-1  RO  R-3/ CON R-3  Legend asais DG2 JMles  Proposed Zoning Map CODE DESTRICT  RA su  6    OqPublic.net Gulfo County, FL  Overview  Legend Parcels Roads  MADISONST:  ParcelID Sec/Twp/Rng 18-85-10W Property Address GARRISONAVE District Brief1 Tax! Description Datec created: 8/8/2024 Last Datal Uploaded: 8/8/20248 8:15:21AM Developed! byS Sehneidet  03040-002R PORTSTJOE 5 S18T8R102ACML (Note: Not tob be usedonke legalo documents)  Alternatel ID 03040002R Class VACANT Acreage 2.7  Owner Address 68VSALTE PINES2024LLC  707 BELROSEAVE DAPHNE, AL3 36526    CITY OF PORT ST.JOE FUTURE LAND USE MAP  AMENDMENT APPLICATION  GARRISON AVE 6BVS SALTPINES/FL)2024. LL.C.I /NATHAN cox  Current Land Use: C-1 Proposed  Property Address: Property Owner: Mailing Address: Phone; Applicant ifDifferent: Parcel Number: Owners Signature OR Produced Identification. Type Provided  Land Use: R-3  P.0.BOX280F PORT ST.JOE, FL 32457  850-340-1270  SAME 03040-002R  Sworn to and subscribed before me this abrd day of dley 2024 Personally Known  llut Signature of Nofary  WHITNEY WATSON NOTARY PUBLIC AAEMA-SIATEATLAROE Myg Commission Expires 09/29/2026  PUBLICNOTICE  1. A sign will be posted for two weeks on the property seeking the change and a notice will be  published in the local newspaper.  APPLICATION REQUIREMENTS Legal Description ofl Property Copy ofI Deed Copy of Survey  Application Fee: Small Scale Amendment $500.00- Large Scale Amendment $2,000.00  Date: 1asa4 Date: aaa4  Owner Signature - Applicant Signature  8    Inst. Number: 202423004608 Book: 831 Page: 363 Page 1 of5 Date: 7/19/2024 Time: 10:13 AM Rebecca L. Norris Clerk of Courts, Gulf County, Floridal Doc Mort: 0.00 Int Tax: 0.00 Doc Deed: 11,900.00  Prepared By and Return To; Kayla Dell DHI Title ofl Florida, Inc. 14251 Panama City Beach Pkwy Panama City Beach, FL32413 Order No.: 198-243500380 Properiy Appraiser's Parcel LD. (folio) Number: Sales Price: $1,700,000.00 Documentary Stamps: $1 11,900.00  U C    -  SPECIAL WARRANTY DEED  THIS SPECIAL WARRANTY DEED (this "Deed"), executed as ofthe 18 day of) July, 2024 by PTW, LLC,a Florida limited liabiliry company (as to Parcel 1), whose mailing address is 1601 Constitution Dr, Port Saint. Joe, FL32456 and Patricia' T. Warriner,a married weman (as to Pargel 2) ("Grantor"), whose mailing address is 1601 Constitution Dr, Port Saint, Joe, FL 32456, t0 68V: Salt Pines (FL) 2024, LLC. a Florida limited liability company ("Grantee"), whose mailing address is707 Belrose Ave, Daphne, AI)36526: That Grantur, for and in consideration ofthe sum ofsen dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, and sold to Grantee and Grantee's successors and assigns forever, the real properiy situate, lying, and being in County of  WITNESSETH:  Gulf, Stale of Florida, and described as follows (the' "Property")  See Exhibit A  TOGETHER with all of the Grantor's rights, title and interest in and to all licenses, approvals, tenements, And Grantor hereby specially covenants with Grantee that Grantor is lawfully seized of the Property in fee simple, and hereby specially warrants the title to the Property and will defend the same. against the lawful claims of al persons claiming by, through ar under Grantor, but nol otherwise, and that the Property is being conveyed to Grantee subject to those permilted exceptions identified in Exhibit B attached hereto and made a part hereof, provided the foregoing shall not  hereditaments, and eppurtenances belonging or in any way apperlaining to the Property. TOHAVE, AND TOI HOLD the same in fee simple forever,  serve to reimpose the same.  (SIGNATURE ON NEXT PAGEI  9    Inst. Number: 202423004608 Book: 831 Page: 364 Page 2 of5 Date: 7/19/2024 Time: 10:13 AM Rebecca L. Norris Clerk of Courts, Gulf County, Florida Doc Mort: 0.001 Int Tax: 0.00 Doc Deed: 11,900.00  SPECIALI WARRANTYDEED (Continued)  File! No. 198-243500380  INWITNESS WHEREOF, the Grantor has signed ands sealed these presents the day andy year first above written.  Nalwe Patricia T. Warriner  PTW, LLC, al Florida limited liability company  BY:Tappera and As) Manager BY: David Warriner, Manager  Inc  A  Signed, fealed and feliveredinp presence of: AA Abl Witness Signatee Ky I Walk Printed) Nant ofF Fust Witness. Address of First Witness STATEOFELORBA NEn COUNTY OF. lou a  MA LA Wilness Signatire Mati MAxB4 Printed Name of Second Witness Address ofSccond Witness  fo.Boy 3370 CAa NL.Zini 1970 HWY90 Viem4,GA1092  The foregoing insirument was acknowledged bofore me, by means of_ K physical presence or online notarization, this lb day of] July,2024, by! Patricia T. Warriner, with whom I am personally acquainted (or provided lo me on the basis of satisfactory cvidence), and who acknoyledgsitha! he/she executed the within. instrument for purposes therein  contained. Notery Public  CA OTAR!     My Commission, Expires! a06 STATE OEELORIDK NL COUNTYOF Dackins  The foregoingi instment was acknowledged beforc me, byr means of K physical presence or online notarization, this leday ofJuly, 9024, by David Warriner, Manager ofPTW,1 LLC,al Florida limited liability company, witht whom lam personally acquainted (or providedt to me on,  Esgtisfactory evidence), and who acknowledgedi that he/she executed  the withini instrument for purposes thereipAine s7  My Commission Expires:  PUBLIC /  Anyphmpptaas  JD    Inst. Number: 202423004608 Book: 831 Page: 365 Page 30 of 5 Date: 7/19/2024 Time: 10:13 AM Rebecca L. Norris Clerk of Courts, Gulf County, Floridal Doc Mort: 0.001 Int Tax: 0.00 Doc Deed: 11,900.00  SPECIAL WARRANTYDEED (Continued) EXHIBITA  File No. 198-243500380 PARCEL1:  APARCEL OF LANDLYING ANDI BEING IN THE SOUTHWEST QUARTER OF SECTION7, TOWNSHIP 8; SOUTH, RANGE 10 WEST, GULFCOUNTY, FLORIDA ANDI BEING MORE COMMENCE. AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP8 SOUTH, RANGE 10 WEST, GULF COUNTY, FLORIDA ANDI PROCEED SOUTH 88 DEGREES 541 MINUTES 51 SECONDS EAST, ALONG THE SOUTH BOUNDARY OF SAID SECTION7, FOR ADISTANCE OF 767.92 FEET TO Al POINT ON THE EASTERLY RIGHT OF WAYLINE OF GARRISON: AVENUE(100) RIGHT OF WAY) FOR' THE POINT OF BEGINNING; SAID POINT ALSO BEINGONAÇURVE: CONCAVE WESTERLY, HAVING Al RADIUS OF 5,779.85) FEET, THROUGH, A CENTRALANGLE OF 02DEGREES 36 MINUTES 50 SECONDS; THENCE1 PROCEED NGRTHERLYALONG: SAIP RIGHT OF WAYLINE. AND CURVEFOR/ AN. ARCI DISTANÇE OF2 28,8PEFT./CIORD BEAEINGANDDISTANCE- NORTH1 17 DEGREES 29 MINUTES 02 SECONDS WEST, FOR ADSTANCEOATEE: THENCEI NORTH 18 DEGREES 471 MINUTES! 27 SECONDS.WEST, ALONG SAIDI RIGHT-OF WAY LINE, FOR A DISTANCE OF 668.99 FEET 7OTHPSOUTHWEST CORNER OF PROPERTY REÇORDED IN OFFICIAL REÇORDS BOOK 226,PAGE,823 OF THE PUBLIC RECORDS OF GULF COUNTY, FLORIDA; THENCE LEAVINGSAID! RIGHT OF WAYLINEFROCEED: SOUTH 881 DEGREES 55 MINUTES 47 SECONDSEAST, ALONG THE SOUTKBOUNDARY) LINE OF SAID PROPERTY, FOR A DISTANCE! OF 421.06 FEETTO THE SOUTHEAST CORNER OF SAID PROPERTY;THENCENORTH 181 DEGREES 47 MINUTES 09 SECONDS WEST, ALONGTHE EASTI BOUNDARY OF SAID PROPERTY,FOR/ A DISTANÇE OR3297IFEET TO. Al POINT ON THE SOUTH BOUNDARYLINE OF PROPERTY RECORDED YOPEIC/ALRECORDS BOOK 602, PAGE 762 OF' THE1 PUBLJC RECORDS OF GULF COUNTY, FLORIDA; THENCE SOUTH 891 DEGREES 43 MINUTES 11 SECONDS EAST ALONG THE SOUTH BOUNDARYI LINE OF SAID PROPERTY, FOR Al DISTANCE OF 180.151 FEET TO THE: SOUTHEAST CORNER OF SAIDI PROPERTY;THENCE: NORTH 01 DEGREE 051 MINUTES 18 SECONDS EAST, ALONG THE EAST BOUNDARY LINE OF SAID! PROPERTY, FOR A DISTANCE OF 329.37FEETTO THE NORTHEAST CORNER OF SAIDI PROPERTY;THENCE NORTH 89 DEGREES 07 MINUTES 16: SECONDS WEST, ALONG THE1 NORTHI BOUNDARY LINE OF SAID. PROPERIY,FORA DISTANCE OF 720.33 FEET TO APOINTI MARKING THE NORTHWEST CORNER OF SAID PROPERTY (POINT ALSO BEING ON THE EAST RIGHT OF WAY LINE OF AFORESAID GARRISON AVENUE); THENCEI NORTH 181 DEGREES 471 MINUTES: 25 SECONDS WEST, ALONG SAIDI RIGHT OF WAYLINEI FOR A1 DISTANCE OF 449.58 FEET TO' THE SOUTHWESTERLY CORNER OF GARAISONPANTATION, A SUBDIVISION: RECORDED INI PLAT: BOOK 4, PAGE 9 OF TIEI PUBLIC RECORDS OF GULF COUNTY, FLORIDA; THENCE1 LEAVING! SAIDI RIGHT OF WAYLINEI PROCEED NORTH 89 DEGREES 591 MINUTES 11 SEÇONDS EAST, ALONG THE SOUTH BOUNDARYI LINEOF SAID SUBDIVISION, FOR A DISTANCE OF: 357.53 FEET TO A1 POINT MARKING THE SOUTHEAST CORNER OF SAID SUBDIVISION (POINT ALSOI MARKING' THE SOUTHWEST CORNER OF PROPERTY RECORDED IN OFFICIAL RECORDS BOOK. 560, PAGE: 546 OF THE PUBLIC RECORDS OFGULF COUNTY,FLORIDA): THENCE SOUTH 891 DEGREES: 361 MINUTES 06 SECONDS EAST, ALONG THE SOUTH BOUNDARYLINB OF SAID PROPERTY, FOR Al DISTANÇE OF 777.221 FEET' TO THE WESTERLY EDGE OF Al DRAINAGE! DITCH; THENCE SOUTH 191 DEGREES 251 MINUTES: 54 SECONDS EAST, ALONG! SAID WESTERLY EDGE, FOR Al DISTANCE OF2,090.141 FEET TOTHE INTERSECTION OF SAID WESTERLY! EDGE WITH THE SOUTH! BOUNDARY! LINE OF AFORESAID  PARTICULARLYDESCRIBED ASI FOLLOWS:  I    Inst. Number: 202423004608 Book: 831 Page: 366 Page 4 of5 Date: 7/19/2024 Time: 10:13 AM Rebecca L. Norris Clerk of Courts, Gulf County, Floridal Doc Mort: 0.001 Int Tax: 0.00 Doc Deed: 11,900.00  SPECIALWARRARRANTYDEED (Continued)  File No. 198-243500380  SECTION 7; THENCE! NORTH 88 DEGREES 54 MINUTES 51 SECONDS WEST, ALONG SAID SECTIONI LINE, FOR A DISTANCE OF 286.76 FEET; THENCE CONTINUE NORTH 881 DEGREES 54 MINUTES 51 SECONDS' WEST, ALONG SAID SOUTH! BOUNDARY,FOR. Al DISTANCE OF 884.99  FEET TO THE POINT OF BEGINNING.  PARCEL2;  Al PARCEL OFI LANDI BEING. Al PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 8 SOUTH, RANGE 10 WEST, GULF COUNTY, FLORIDA ANDBEINGMORE COMMENCE. ATTHE NORTHWEST CORNER OF SECTIONAB TOWNSHIPBSOUTH, RANGE 10 WEST, GULF COUNTY, FLORIDA ANDI PROCEED SOUIEBEDEOREES. 54 MINUTES: 51 SECONDS EAST, ALONG' THE NORTH! BOUNDARY OF SAID SECTION. 18FOR. ADISTANCE OF 767.92 FEET TO APOINTON THE EASTERLY RIGHT OF WAYLINE OFSARRISONAVENUE: (100' RIGHT OF WAY) FOR THE POINT OF BEGPMNG,HPEEAYRO SAID RIGITOF WAY LINE CONTINUE SOUTH 881 DEGREES 541 MINUTES 51.SECONDS EAST,ALONGSADT NORTH BOUNDARY: LINE, FOR AI DISTANCE OF 884.70 FEEXTHENCELEAVING: SAIDNORTH BOUNDARY LINE PROCEED SOUTH 01 DEGREE 13 MINUTES47SECONDS WEST,FOR) ADISTANCE OF 87.03 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 13,SECONDS WEST,FOR ADISTANCE OF 855.44 FEETTOA POINT ON THE. AFORESAIBEASTENLY RIGHT GFWAKLINBOF GARRISON. AVENUE, POINT BEING ON A ÇURVE CONCAVET WESTERLXHAVINS, AI RADIUS OF 5,779.85 FEET, THROUGH A CENTRAL. ANGLE OFOODEGREES 59 MINUTES 59 SECONDS;THENCE: PROCEED! NORTHERLY ALONG SAID RIGHTOF WAYLINEAND CURVE FOR AN ARC DISTANCE OF 100.86 FEET, (CHORD BEARING. ANDDISTANCE =1 NORTHUSDEGREES. 401 MINUTES 37 SECONDS WEST, FORA  PARTICULARLY: DESCRIBED AS FOLLOWS:  DISTANCE OF100.861 FEEPTOTEPOINTO OFBEGINNING.  12    Inst. Number: 202423004608 Book: 831 Page: 367 Page 50 of 5 Date: 7/19/2024 Time: 10:13/ AM Rebecca L. Norris Clerk of Courts, Gulf County, Florida Doc Mort: 0.00 Int Tax: 0.00 Doc Deed: 11,900.00  SPECIAL WARRANTY) DEED (Continued) Exhibit B  File! No. 198-243500380  1, Taxes and assessments for the year 2024 and subsequcnt ycars which are not yet due andj payable. 2. Distribution Easement in favor ofFloridal Power Corporation d/bla Progress Energy Florida, Inc. recorded in Official Records Book 410, Page 936 as affected by the Partiall Release ofEasement recorded in Official Records Book 716, Page 223 oft the Public Records ofGulfCounty, Florida. 3. Noi insurance as to any portion ofsubject lands that may lie within the property described in the deed recorded in Official Records Book 518, Page 716 ofthc Public ReorsofGrCoimy, Florida. 4. Consequences, ifany, ofthe failure of The Lands to have defnité ascertainable and locatable legal description pursuant to the minimum technical standards for) lands surveying as reguired byl Florida  Statutes.  13    MsN  S  BRENDAL  5  DR  2  14    GulfCounty, FL  IMPORTANT NOTICE  The Property Appraiser makes everyeffort to produce the most accurate information possible. Nov warranties, expressed or implied are provided for the datal herein, its use ori interpretation. The assessment information! ist fromthe last certified taxi roll. Allother datal is subjectt too change. This websitei is NOTT TO BE USED FORFINANCING PURPOSES, INSURANCE PURPOSES,AND/OR ADDRESSVERFICATION. Ify you need address verification contact the EaeepManeeAatNs office at 850-229-9110 *An Actual Yearc of1900isnot: ai true representationofthe Actual Year built. This is a "default" setting where an actual date is not known. The Effective Yeari is simply reflective oft the current market and the condition oft the property. Thel Effective Yeari is evident by thec conditionandi utilityofthe structure and mayor maynot represent the Actual Year Built.  Parcel Summary ParcelID LocationAddress GARRISONAVE BriefT Tax Description S18T8R102ACMIL: PORTS STJOE Propertyl Usec Code VACANT (0000) Sec/Twp/Rng Tax! District Millage Rate Acreage Homestead ViewMap Owner Information PrimaryOwner GBVSAIIPNESZOAALIC 707BELROSE/ AVE DAPHNE,ALS 36526 Sales Y  03040-002R (Note:! Nott tob beu usedo onlegaldocuments) 18-85-10W PortSt.. Joe City(5) 15.5418 2.7 N  278.10FTPARCEL ONEASTS SIDE OFC GARRISONIAVE ORB310/11 FRWARRINER 831/363WDFRWARRINERMAP698  MultiParcel SaleDate Sale Price Instrument Book/Page Qualification Vacant/Improved  Grantor  Grantee  7/18/2024 $1,700,000 WD 831/363 Qualifed  Vacant  WARRINERI PATRICIAT GBVSALTPNES2024LC  15    Valuation Building Value ExtraF Features Value LandValue LandA AgricuituralValue AgruturaiMankelVave Just (Market)Value AssessedValue Exempt Value Taxablel Value Maximums Save Ourk Homes Portability  2024F Preliminary $0 $0 $183,600 $0 $0 $183,600 $99,385 $0 $99,385 $84,215  2021CertifedValues  Values 2023CertihedValues 2022CertifiedValues  $0 $0 $108,000 $0 $108,000 $108,000 $90,350 $0 $90,350 $17,650  $0 $0 $108,000 $0 $108,000 $108,000 $82,136 $0 $82,136 $25,864  $0 $0 $86,400 $0 $0 $86,400 $74,669 $0 $74,669 $11,731  "Just (Market)Value" description- Thisist thev valuee establishedbyt the PropertyA Appraisert fora adv valoremp purposes. Thisy valued doest notr representa anticipateds sellingp price.  Noc dataa availablei fort thef following modules: Building Information, Extraf Features, Sketches. Thea assessment: informationi i5f from the certifieritaxr roll. Manzgement: Addressing offce at 850: 229-9110 User Privacy Policy . GDPRPivac/Notice Last Datal Upload: 87/2024,23309PM  TheF Property Appraiser makes avery elfort top pruducet ther most: accuratei information possible Nov warranties. expressedori implieds prep providedfor ther datahercin, itsu useori interpretation. This websitei ISNOTT TOPEL USED FORFINAMCING! PURPOSES, iNSURANCE: PURPOSES, AND/OR ADDRESS VERIFI ICATION! ifs youneuda adkiress verificationc contactt the Emergency  Coniactls  Developedoy Schneider GEOSPATIAL  las:o  Allother datai issubject  tochenge.  16    E 4  a  0  E  a =  a  L  I  2  o  e - o 5  5 > 4 @  a  3 1 o D  o  Y ot N 1  - E :  - 3  :  - -  8  de @  2 o a  -  -7    RFP # 2024-13  Monument Avenue Resurfacing City Commission Conference Room September 6, 2024, at 3:05 P.M.  VENDOR  BID. AMOUNT 351,669. 60 3 474,777.25 6 381,664,57 5 334,646, 00 2 373,970. ,3 4 305,671. 90  Ameicen Sund  GwR Contrucking In Euhreme LenResbakm LLC PgotAsphu ESbonkuc Prener Posinguc Roberls EnJ Roberks, ho  18    5    RFP # 2024-14  Allen Memorial Way Resurfacing SCOP City Commission Conference Room September 6, 2024, at 3:05 P.M.  VENDOR  BID AMOUNT 495,649. 19 4 453,983.573 629,333.75 6 426535.0 2 508674.37 5 385,987,  AmericenSant Exhreme Z  Lend Retozkio de  CWR - Cohding, Tau Pigett Asphe Pehier Faving LL Robecbs E Peads Inc  ZD    sn 6 $  5 A  F  a1    ORDINANCE NO.:613  AN ORDINANCE OF THE CITY OF PORT ST. JOE, FLORIDA, AMENDING ORDINANCE 597 TO ADD MOBILE FOOD DISPENSING VEHICLES THAT ARELICENSED/PERMITTED BY THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (FDACS) TO THOSE VEHICLES THAT ARE ALLOWED TO OPERATED IN PORT ST. JOE PURSUANT TO ORDINANCE 597 AND AS LATER AMENDED BY ORDINANCE 598; PROVIDING FOR THE REPEAL OF ALL ORDINANCES ORI PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN  EFFECTIVE DATE.  WHEREAS, the Governor of the State of Florida signed into law the Occupational Freedom and Opportunity Act SB474ABII7DCAct). which became effectiveonJ July1,2020;  and  WHEREAS, the Act created Florida Statutes Section 509.102-Mobile Food Dispensing Vehicle ("MFDV") preemption in which ai municipality, county or other local government entity may not require a separate license, registration, permit or fee from MFDV's and may not prohibit  MFDV's from operating within the entirety oft the jurisdiction; and  WHEREAS, the City, in response to Section 509.102 Florida Statutes and two public workshops wherein they elicited input from thej public, enacted City ofPort St. Joe Ordinance: 597;  and  WHEREAS, after the enactment of Ordinance 597 the City amended Ordinance 597 via  Ordinance 598 to exclude MFDV's from Reid Avenue;  and  WHEREAS, after the enactment of Ordinance 597 and 598 the City has determined that it isi in the best interests of the health, safety, and welfare of the residents of and visitors to Port St.  Joe to amend Ordinance 597 again with this Ordinance as set forth below; and  NOW THEREFORE, be it enacted by the City Commission of the City of Port St. Joe,  Florida, that:  22    1. Port St. Joe Ordinance 597 shall be amended as follows:  Section 2 shall add the following paragraph to the current definition ofMobile Food Dispensing  Vehicles:  Mobile Food Service Establishments that are: regulated by the Florida Department of Agriculture and Consumer Services (FDACS) which require a "Annual Food Permit" issued by FDACS shall be considered a Mobile. Food Dispensing Vehicle under this Ordinance.  Section 3(A)(1)(a) shall now state as follows:  a. The Department ofBusiness and Professional Regulation (DPBR) "Mobile Food Dispensing License" or Department of Agriculture and Consumer Services "Annual Food Permit".  2. All other provisions ofPort St. Joe Ordinance 597: not amended herein shall remain in full 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 4. Ifa court of competent jurisdiction hold any of the provisions of this Ordinance invalid 5. This Ordinance shall take effect immediately upon its final adoption by the City  force and effect as written in said Ordinance.  the remaining provisions shall remain in full force and effect.  Commission of Port St.. Joe, Florida.  PASSED AND ADOPTED BY THE CITY COMMISSION OF PORT ST. JOE,  FLORIDA THIS DAY OF  2024.  BOARD OF CITY COMMISSIONERS PORT ST.JOE, FLORIDA  REX BUZZETT MAYOR-COMMISSSIONER  23    ATTEST:  CHARLOTTE PIERCE, CITY CLERK APPROVED ASTOFORM:  CLINTONT.] MCCAHILL, CITY ATTORNEY  24    Current City Projects 9/17/24  Maddox Park Drainage- Need more info. from engineer to bid and direction Lighthouse Complex Sleeping Beauty Rehab- The bid has been awarded Monolith Construction and the State has approved the modified plans. Sewer Rehab. CDBG-DR- Grant Funding Approved 5/21, Grant Agreement Received, The CCTVwork is complete and Anchor Engineering is working on the rehab/replacement plans. L& K Contractors have been awarded the Lift Long Ave. Paving- Final pay request to mill and resurface 1" on the entire Beacon Hill Sewer- The Lift Station is Operational & the Collection System is 11/7/23 Dewberry has provided a conceptual drawings for the 10th Street Ballfields based on League Representatives. Dewberry is preparing the bid 9/15/23 Dewberry tasked to Survey & Topo the new City Hall Complex with Conceptual Plan options. Dewberry has now been tasked to handle the Civil Engineering and permitting. The next step is to procure Architectural 9/26/23 Dewberry tasked to work on the Expansion of Zone 3 at the WW Sprayfields. The bid was awarded to North Florida Construction on 4/16/24 Downtown Waterline Replacement Phase II- The SRF Funding has been approved and the bid has been awarded to L& K Contractors. Construction 2/11/24 A Task Order was signed with Dewberry to survey the alley between Bay & Harbor Street for potential stormwater improvements. The survey is complete ànd we are waiting on the H & H Study to determine the  from the Board.  Station Rehab bid on 8/20/24.  road to be completed in the Summer 2024 built. City staff is preparing to install the taps.  specs for the existing pipe replacement.  Services.  to clear the property.  began on 9/30/24.  best course of action.  35    3/5/24A A Task Order was signed for Dewberry to design the paving of Monument Ave. from 19th Street to Allen Memorial. The project is out for Allen Memorial Paving SCOP Grant. The Project is out for bids 7/26/24. 3/19/24. A Task Order was signed with Dewberry to design the $1.5 M  bids 7/26/24.  Legislative Approp. for multiple roads to be paved.  ab    Richard Bracken 7415 County Road 30A Port St. Joe, Florida 32456 adbsaencee (770)8 826-3398  Business Owners:  CHRISTINA Bracken Co-founder: and CFO; over 25 years of accounting leadership roles in thet finance industry. Resides in Port St.. Joe Florida. Christina is responsible for the company's financial management including billing, accounts receivable, accounts payable, payroll and bookkeeping andr manages human resources activities.  RICHARD Bracken Co-founder and President; over 30 years of corporate accounting leadership roles in the insurance andi manufacturing industries. Resides in Port St.. Joe Florida. Responsible for the entire operations of FL 27 Recycle, Inc. Duties will include overseeing marketing of the company's services, performing the daily collection and sorting & storing the collected recycled waste  materials.  Christy & Richard moved to Port St. Joe at few years ago and found their waste company did not provide recycle bins and the area did not have a recycling program. So, they decided to start a recycling collection service. FL27 Recycle, Inc. Florida 27 Recycle is at top-notch, recycling collection service tailored for businesses, residents and vacationers in Beautiful North Florida. Their journey started with a simple idea...to make recycling accessible and friendly for everyone. They are creating a single-stream recycling program starting servicing from St. George Island to Mexico Beach, to include Eastpoint, Apalachicola and Port St.. Joe. They look to expand our service into Carrabelle and' Wewahitchka during 2025.  FL27 Recycle, Inc.  collects, but not limited to, aluminum/tin, cardboard & paper, glass, plastic and Styrofoam; creates jobs, provides job training programs to enable employees to learn new skills andlor trades; funds a scholarship program allowing high school students to continue their education after high school.  processes collected waste materials into marketable products;  creates educational materials to bring awareness to waste stream reduction;  Pricing Structure  FL27 Recycle, Inc. will offer pick-up services for thei following prices:  Residential - weekly, bi-weekly or monthly pickup service  $20-$40 per month Restaurants & Bars - starting at least twice a week pickup service $40-$50 per month Business District cardboard & Styrofoam pickup service - starting at $40-$50 per month  Operation  They arel looking tol launch the collection: service onl Monday, November 4th. Theywill provide collections bins tot their customers and collect recyclable waste using pickup trucks, installing ProStake panels ands screens to the bed. Theya are currently int talks with Port StJ Joei for thel lease of 2 acres of real estate to create ai transfer station. The transfers stationwill house 10 shipping cargo containers for sorting and! holding materials. They will ultimately purchase additional machineryto  crush, process, bale, pulverize, etc. our raw materials tol bes sold.  wwwFi7Recyela.com  Halogruz7Resypla.om  (850)774-5908  FLORIDA: 271 RECYCLE, YOURLOCAL RECYCLE COMPANY  27    Mel C. Magidson, Jr. Attorney atl Law Phone (850)227-4071  218 Gautier Memorial Lanee Port St. Joe, FL 32456  August 20, 2024 Jim Anderson City Administrator City of] Port St. Joe Port St, Joe, FL 32456  Re: Special Magistrate for Code Enforcement  Dear Mr. Anderson:  Ihave been the Special Magistrate for Code Enforcemênt for over 4 years. During that, time I1 have asked for only one increase in my fee. Ia am requèsting an increase in my.  fee to $200 an hour beginning October 1, 2024.  Ibelieve that this hourly rate is still well below comparable rates for these servicès. Ihope to continue in the Special Magistrate position and hopè the City is satisfied with my.  services and agree that my request is fair to both partis.  Yours truly, li L6 Mel C. MagidsenJr.  28    SPECIALMASTER AGREEMENT  THIS Agreement is entered into this  day of September, 2024, by and between  the CITY OF PORT ST.JOE,FLORIDA, hereinafter referred to as CITY, and MEL  MAGIDSON.R.heanite, referred to as SPECIAL MASTER.  WHEREAS, MEL: MAGIDXON.R.Bamemk. oft the Florida bar in good standing and as such is licensed to practice law in the State of Florida and meets all qualifications required  by the CITY for Code Enforcement Special Services; and  WHEREAS, CITY in accordance with its Code desires to contract with SPECIAL MASTEER to serve as its Codel Enforcement Hearing Officer and particularize the services and  compensation for that service.  ING CONSIDERATION THEREOF, the parties dol hereby covenant and agree, in return  for the: mutual promises set forth herein, as follows:  1. CITY hereby retains and contracts with SPECIAL MASTER to serve as its Code Enforcement Hearing Officer. This contact shall be for ai two - year period tol be effective September 18, 2024 and terminate, unless extended by written agreement oft the parties, on September 18, 2024 subject to the provisions of paragraph six (6) below. 2. CITY shall pay compensation for SPECIAL MASTER's: services as Code. Enforcement Hearing Officer on an hourly basis in accordance with the following fee schedule. A rate of$200.00 an hour for all ofSPECIAL MASTER's time and inclusive ofa all costs incurred toj provide said services. There will bei no additional charges for office overhead toi include administrative assistants/secretaries and other support personnel. a. Monthly invoices for time charges shall include the following information: a description oft the service, the name oft thei individual performing the service, the b. CITY agrees toj provide such clerical, administrative personnel and legal services deemed reasonably necessary to support the SPECIAL MASTER activities and assist ini thej proper: performance of duties as contemplated in the City Code. The SPECIAL MASTER shall not be authorized to engage, hire, or use any: person  date on which the service was performed.  29    and/or entity except those provided by the CITY to assist in the performance of  duties hereunder.  3. Inc consideration for the fee payment, SPECIAL MASTER shall perform Code Enforcement Services including but not limited to the following specific duties: a. Hearing and deciding alleged violations of Port St. Joe CodeofOrdinances, asi it b. Assessing fines against violators of city codes and ordinances; and determining the amount ofreasonable expenses incurred by the CITY as ai result of orders ( Conducting code violation hearings. All hearing shall be properly noticed and held in a designated facility owned by the CITY and accessible to the general d. Consistent with Florida Statue Chapter 162, adopting rules for the conduct of hearings; subpoenaing tol hearings alleged violators, witnesses and evidence; taking testimony under oath; and issuing orders having the force ofl law to command whatever steps are necessary tol bring a violation into compliance. e. Ass soon as practicable after the conclusion oft the hearing, issue findings ofi fact based on evidence ofrecord, and conclusions oflaw, and issue an order affording thej properreliefconsistent with powers granted herein and in accord with Florida Such other duties as: may be necessary toj perform all Code Enforcement Services  now exists and/or as it is amended in the future.  issued pursuant tot the authority granted.  public.  Statutes Chapter 162.  under Chapter 162 ofthel Florida Statutes and the City Code.  4. Int the event that SPECIAL MASTER shall determine that a conflict ofinterest may arise orl has arisen in reference to any matter that SPECIAL MASTER is handling for CITY, SPECIAL: MASTER shall promptly notify the City Commission and City Manager thereof. Int the event that the conflict cannot bei resolved, the City. Attorney shall recommend that the City Commission retain a specially appointed attorney to act as SPECIAL MASTER toj perform code enforcement services for the CITY in such action. 5. CITY and SPECIAL MASTER understand and agree that SPECIAL MASTER may maintain his private practice oflaw and may represent clients other than the CITY provided that representation ofs such other clients does not create a conflict ofinterest  3D    concerning Codel Enforcement Services that arel being provided by SPECIAL MASTER on behalfofCITY. SPECIAL MASTER, as ai non-employee lawyer, is not confined or restricted to acting as the CITY's SPECIAL MASTER, exclusively, in the exercise of SPECIAL MASTER's firm a conflict arises then SPECIAL MASTER shall promptly notify City Commission thereof. Ini the event that the conflict cannot be resolved, the City Attorney shall recommend that the City Commission and City Manager retain a specially 6. This Agreement: may be terminated during the term hereofby CITY immediately without notice, or by SPECIAL MASTER upon thirty (30) days written notice to CITY.If terminated then CITY shall pay SPECIAL MASTER for all services rendered through 7. Theinterpretation oft this Agreement shall be governed by thel law oft the State ofFlorida. 8. This Agreement revokes and supersedes any prior agreements, written and oral. No representations or promises other than those set forth herein may be relied upon by either party. This Agreement represents the entire agreement between the parties and shall not bes subject toi modification or amendment by any oral representation, or any written statement by either party, except for a dated written amendment oft this Agreement signed  appointed attorney to act as the CITY's Special Master in such action.  termination.  by both thej parties.  ATTEST:  CITY OF PORTST.JOE  Charlotte Pierce, City Clerk  Rex Buzzett  SPECIALMASTER  Mel Magidson  3)    CITY OF PORT ST.JOE SOLID WASTE COLLECTION  AND DISPOSAL AGREEMENT  THIS AOREMENTCAPremaI? is made and entered into on the 1sday ofOctober, 2024, by and between, the CITY OF PORT ST. JOE, BOARD OF CITY COMMISSIONERS, a Florida municipality ("City") with its principle place of business located at 305 Cecil G. Costin Sr., Blvd., Port St. Joe, Florida 32456 and BCC WASTE SOLUTIONS, LLC, a registered Alabama Limited Liability Company that is authorized to transact business int thes state ofFlorida whose corporate address is 205 Hatcher Rd, Panama City,  Florida 32409 ("Contractor").  WITNESSETH:  WHEREAS, the City finds it is in the public interest to ensure that all areas within its limits are adequately provided with high-quality, solid waste collection and disposal service; and WHEREAS, the Contractor has indicated to the City that it is willing to undertake the installation and operation of high-quality, solid waste collection and disposal service under  an exclusive Agreement with the City; and  WHEREAS, the City finds it in the public interest to retain regulatory authority over solid waste collection and disposal services, to the extent allowed by law, because of the overriding public health, safety and welfare considerations associated with the provision of  this service; and  WHEREAS, the City finds it in the public interest to retain control over the use of public rights-of-way by solid waste collectors to ensure against interference with public convenience, toj promote: estheticconsiderations and toj protect thepublicinvestment ini right-  of-way property; and  WHEREAS, the City finds it in the public interest to ensure that high quality solid waste collection and disposal service is maintained through a responsive citizen complaint  handling procedure; and  WHEREAS, granting an exclusive. Agreement, is thel best means of ensuring the above AGREED, in consideration of mutual promises, undertakings, terms, conditions,  described interests of the City are promoted, it is therefore;  covenants, and performance set forth herein, the parties agree as follows:  SECTONI-AUITIOAIPA The authority to enteri into this Agreement is granted under Chapters  180 and 166, Florida Statutes, and the City Ordinance.  32    SECTION 2. SERVICES AND RATES. Contractor agrees to provide professional solid waste management services and rates as detailed and itemized in the "Rate Sheet for a Five-Year Agreement for the City ofPort St. Joe" attached as Exbibit' "A". In addition, Contractor agrees to provide those services outlined herein for properties and locations owned by the City of Port St. Joe, Florida at no cost to the City. Further, should the City desire to dispose of those items as outlined herein through its own forces, Contractor and City hereby agree that the City's costs of disposal at Contractor's transfer station shall be no more than $85.00: at ton. The Price of$85.00 a ton shall be negotiated to ai mutually agreeable reduced rate on, or before, January 7,2019. The Contractor will commence the work as required by the Contract Documents immediately on October 2, 2019 and after the execution of all necessary contract documents including but not limited to the necessary attachments, exhibits and submissions of required company documentation prior to commencement. The term "Contract Documents" shall mean and includes  the following:  (a) Agreement and Exhibits (as defined and attached herein) (b) Insurance Declarations and Endorsements (c) Performance Bond (d) Service Route/Scheduling (e) Contractor'si response to RFP 1819-05  SECTION3. DEFINITIONS. The words, terms and phrases used herein shalll be defined as set SECTION4. NOTICE. Any notice as required herein, shalll bei in writing and sent by U.S. Mail,  forth inl Exhibit "B".  certified return receipt requested, addressed as follows: Port St.. Joel Board ofCity Commissioners clo City Manager 305 Cecil G. Costin Sr., Blvd. Port St. Joe, Florida 32456 BCC Waste Solutions, LLC clo. Jason' Tunnell, President 205 Hatcher Drive Panama City, Florida 32409  SECTION5. GRANTOFEXCLUSIVEAGREEMENT TheCityhereby, grants to Contractor an exclusive Agreement, including every right and privilege appertaining thereto, to operate a high-quality waste collection service for the collection and disposal ofr residential solid waste, trash garbage and refuse, not including Biomedical Waste, Biological Waste, Construction and demolition debris, Hazardous Waste items and' White Goods that require Special Pickup  within the Agreement Area.  33    This exclusive right shall apply to the collection and disposal of all solid waste, as defined herein, generated by the citizens, residents, inhabitants, business enterprises, and other entities therein and includes title to all such solid waste generated within said boundaries insofar as the City can establish its legal right to make such grant of title. Any person now or hereafter occupying any residential dwelling or operating a commercial business establishment within any portion oft the Agreement Area shall be required to utilize the services ofthe Contractor for solid waste collection and disposal except for roll-offs which are used for construction This exclusive right shall not apply to the acquisition and use of roll off dumpsters. In the case of acquisition and use of roll off dumpsters only, Customers may choose their service SECTION 6. CONTRACTOR'S OBLIGATIONS. Contractor shall deliver the efficient, professional, sanitary and prompt delivery oft the solid waste management services and act: as an independent contractor in fulfilling the requirement of this Agreement. These services, obligations and responsibilities of the Contractor shall include, but not limited to the 1. Contractor shall service the entire Agreement Area, residential and commercial development, both existing and future structures as certified to occupy by the City. 2. Collection and transfer station personnel for Contractor shall wear a uniform displaying the Contractor's name and/or logo, as well as the name of the employee. Such 3. The supervision of collection and transfer station personnel shall be competent and qualified management. Contractor shall provide sufficient personnel, time and attention to services under this Agreement sO as to ensure satisfactory performance including the detailed management team propose for the daily operation oft the transfer station. 4. ( Contractor shall have on hand at all times and in good working order such equipment as shall permit it to adequately and efficiently perform the duties under this Agreement. 5. During conveyance by Contractor, all solid waste shall be contained, tied or enclosed sO 6. Thel body of all collection vehicles shall be sufficiently secure sO as toj prevent any leakage 7. All collection vehicles shall be painted uniformly with the name and business telephone number oft the name ofthe Contractor painted on both sides of each vehicle. 8. Contractor's collection vehicles shall not be parked ini residential areas except for loading.  debris removal.  providers.  following:  identification shall be easily visible to the public.  that spilling and blowing is strictly prevented.  of fluids prior to the unloading and or transferring site.  34    9. No assignment ofthis Agreement or any right underi it shall bei made in whole or inj part by 10. Contractor shall not sub-let in whole or part any ofi its duties or responsibilities under this 11. Contractor shall prepare and maintain a register of all complaints and indicate the disposition of each complaint. Such register shall be available for inspection by the City during normal business hours. The form shall indicate at least the day and hour on which the complaint was received and resolve, how it was resolved and other relevant 12. Contractor shall obtain, 'at its own expense, all permits and licenses required by laws or 13. Contractor shall bei in compliance with and support the City ofPort St. Joe's employment policies and practices that include the Equal Employment Opportunity policy of the City ofPort St. Joe, City ofPort St. Joe. ADA guidelines, and the City of Port St.. Joel Drug-Free  the Contractor without the prior written consent of the City. Agreement without the prior written consent ofthe City.  information.  ordinance and shall maintain them in full force and effect.  Workplace Program Policy.  SECTION7,.SCOPE OF SERVICES. The Contractor shall perform such services and accomplish such tasks, including the furnishing of all materials and equipment necessary for full performance thereof, as are: identified and designated as Contractor responsibilities throughout this Agreement  and as more particularly detailed as follows:  1. Residential Solid Waste < Collection Services:  a. Contractor shall provide residential trash, garbage, and refuse collection, yard debris collection, recycling services at the transfer station and transfer and disposal service for residents b. Frequency of Collection: Contractor shall provide once-a- week curbside pick-up to all residential dwellings within the City, including yard debris. In the event an appropriate location for collection cannot be agreed upon betweenresident and Contractor, the City Manager, or their designee, shall C. Hours of Collection: Collection shall begin no earlier than 5:00 a.m. and shall cease no later than 7:00 p.m., Monday through Saturday. In the event of an emergency, collection may be permitted at times not permitted by this paragraph, provided the Contractor has received prior approval from  ofthe City.  determine the location.  35    the City Manager, or their designee. to be later evidenced by a written memorandum confirming such approval. Should the Contractor not confirm and obtain in writing the approval to operate on an emergency basis, it shall be comclusivelyprsumed that the Contractor had not obtained such approval. No collection shall occur on Sundays or holidays, except in a time of emergency, or to maintain a regular schedule due to holidays recognized by the d. Receptacles: The Contractor shall provide 96-gallon Garbage Receptable to each curbside residential dwelling located within the City within 60 days of a request from a property owner. The Contractor shall bei required toj pick up all residential trash, garbage, and refuse generated from residential dwellings that have been placed in Garbage Receptable at curbside (or such other single collection point as: may be: agreed upon by the Contractor and the customer). In addition, Contractor shall pick upi properly bagged trash, garbage or refuse placed adjacent to a full Garbage Receptable. Contractor shall not be required to collect residential solid waste not generated in the residence Method of Collection: Contractor shall make collections with a: minimum of noise and disturbance to the residents. Any trash, garbage or refuse spilled by the Contractor shall be picked up immediately by the Contractor. Garbage Receptacles shall be handled carefully by the Contractor and shall not be bent or otherwise abused, and shall be thoroughly emptied and left at the proper. point ofcollection F Handicapped and/or Elderly Carryout Service: Upon notification by the City, solid wastecollection services shall be provided by Contractor at the rear or side of the residence for qualified handicapped or elderly persons provided no able-bodied person resides at the residence. Application for such services shall be made by the Non-Collectable Items: Contractor shall not bei responsible for the collection of Bulk Waste, Household Furniture, loose  Contractor.  served.  with the lid closed.  Customer and approved by the City.  36    Refuse, loose Trash, White Goods, or Construction and h. Bi-Annual Hazardous Waste Collection: Contractor will provide for a special customer drop-off of household Hazardous Waste during the spring and fall ofe each year at no cost to the City or customers. Such drop-off may be coordinated with a similar event for City at the option of Contractor. In connection with such bi-annual drop-off, Contractor shall provide a 20-yard roll off container at a time and location within the City limits as designated by the City. Customers utilizing the bi-annual special drop-off shall be required to deliver their household Hazardous Waste to the designated location. In no event shall Contractor be required toj pick up Hazardous Waste at any location other than the City's designated location. Contractor shall maintain a container for White Goods at the Transfer Station at all times during the term of this  demolition debris.  Agreement.  2. Commercial Solid Waste Collection Services:  a. Frequency of Collection: Contractor shall provide once- a-week Refuse pick-up to all Commercial Business Establishments within the City. Collection frequencies shall be mutually agreed upon by the Contractor and each Commercial Business Establishment, however, the City shall require the Commercial Business Establishments to maintain an adequate level of service to avoid overflowing containers and Refuse left outside b. Hours of Collection: Collection shall begin no earlier than 5:00 a.m. and shall cease no later than 7:00 p.m., Monday through Saturday in Commercial Areas. In the event of an emergency, collection may be permitted at times not permitted by this paragraph, provided the Contractor has received prior approval from the City Manager or their designee, to be later evidenced by a written memorandum confirming the approval. Should the Contractor not confirm and obtain in writing the approval to operate on an emergency basis, it shall be conclusively presumed that the Contractor had not  ofthe containers.  37    obtained such approval. No collection shall occur on Sundays or holidays, except in a time of emergency, or to maintain a regular schedule due to holidays recognized by the Contractor. Customers may request special pickups at an additional charge. Such charge Point of Pickup: Collection of Refuse shall be at a location mutually agreed upon by the Contractor and each Commercial Business Establishment. In the event an appropriate location cannot be agreed upon, the City Manager, or their designee shall determine the location. d. Receptacles: Contractor shall provide dumpsters or Garbage Receptables to each Commercial Business Establishment. The quantity and/or size of the receptacles shall be mutually agreed upon by the Contractor and each Commercial Business e. Method of Collection: The Contractor shall make collections with a minimum of noise and disturbance to the customer. Any Trash, Garbage, and Refuse spilled by the Contractor shall be picked up immediately by the  shall be billed by the Contractor.  Establishment.  Contractor.  SECTION 8. TERM. This exclusive Agreement shall be granted for a period of five (5): years, commencing on October 1, 2024 and ending September 30, 2029. This Agreement may be renewed or extended at the City's sole discretion unless sooner terminated by reason of a breach ofthet terms herein by the Contractorresulting int the failure ofthe Contractor to provide effective  and efficient service as described herein.  SECTION9. DEFAULT.  1. Material Breach: Where any of the following events occur:  a. Contractor shall take the benefit ofa any present or futureil insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for it reorganization or the readjustment ofitsi indebtedness under the federal bankruptcy laws or under any other law of the United Stated or of any state, or consent to the appointment of ar receiver, trustee or liquidator ofall or substantially all ofits property; or b. By order or decree ofa a court, Contractor shall be adjudged bankrupt, or an order shall be entered approving a petition filed by any ofits creditors or by any of the stockholders of Contractor, seeking it reorganization or the readjustment of its indebtedness under the federal bankruptcy laws or under any other law of the  38    United States or of any state, provided that ifa any such judgment or order is stayed or vacated within 60 days after the entry thereof, any notice of cancellation shall be Pursuant to any legislative act, resolution, or rule or order of any court or jurisdiction, a receiver, trustee or liquidator shall take possession or control shall d. Contractor shall voluntarlyabandon, desert, or discontinue its operations under this Contractor fails to maintain in force all liability and indemnification coverage Any lien shall be filed against the premises of Contractor because of any act or omission of Contractor and is not removed, or the City is not adequately secured by bond or otherwise within 90 days after Contractor has received written notice h. Contractor shall abandon, fail or refuse to perform or observe each' and every promise in this Agreement; then the City shall notify Contractor in writing of the event of default and direct Contractor to comply with all provisions of this Agreement. Ifsuch event or default is not cured within five (5) days ofthe receipt ofnotice, then such event or default shall be considered a material breach of this  null and void; or  continue in effect unabated for 60 consecutive days; or  Agreement; or required; or  Contractor fails to perform the services as described herein; or  thereof; or  Agreement.  2. Notice of Breach:  a. The City shall notify Contractor in writing of the breach or event of default and direct it to comply with all provisions ofthis Agreement. Ifsuch breach or default is not cured within five (5) days of the receipt of the notice, then such breach or b. IfContractor has not cured the breach or default, as requested by the City, within the time allowed, the City shall send a copy of such written notice forwarded to Contractor, previously, to the surety on Contractor's Performance Bond. Upon declaration ofbreach or default all payment due Contractor shall be retained by the City and applied to the completion of this Agreement and to damages suffered and expenses incurred by the City by reason of such breach or default, unless the surety shall assume the Agreement, in which event all payments due Contractor at the time of breach or default, less amounts due the City from Contractor and less all sums due the City for damages suffered and expenses incurred by reason ofsuch breach or default, shall be due and payable to the surety, Thereafter, the surety shall receive monthly payments equal to those that would have been paid to Contractor had Contractor continued to perform, provided, the surety is providing the same services. Any transfer or assignment of the responsibilities of Contractor by the surety must be approved by the City.  default shall be considered a material breach ofthis Agreement.  3. Completion oft the Agreement:  a. Ift the surety fails to exercise its option to assume the Agreement, the City may complete the Agreement by immediately taking possession of all collection  39    vehicles and other equipment used by Contractor to serve customers within the City whose solid waste collection and disposal service is governed by this Agreement, provided that such equipment shall be taken for sole purpose of carrying out Contractor's duties under this Agreement, and the City may also re-let the b. The City shall have the right to retain possession of and operate all such vehicles and equipment until other suitable vehicles and equipment can be purchased or otherwise acquired by the City for such purpose or until a new contract is let, but Ins such event, the liability oft the City to Contractor for the loss or damage to such vehicles or equipment shall bet that ofal bailee forl hire, ordinary wear and tearbeing d. The City shall pay to Contractor an equitable monthly rental fee for each vehicle or piece of equipment of which possession is taken with the fee equal to the monthly charge off for that vehicle or piece ofe equipment under the straight-line method of The City also shall have the right to purchase Contractor's vehicles and equipment at fair market value, with the fair market value set at the average of 2 appraisals made by professionally certified independent appraisers, with the City and  Agreement.  ini no event longer than six (6): months.  exempt from liability.  depreciation on a five (5) year schedule.  Contractor each choosing one (1) appraiser.  4. Performance Bond/Letter of Credit: Contractor shall furnish the City an irrevocable performance bond or letter of credit in the amount of $250,000.00 (conditioned upon the annual submission of affidavit or certified letter of estimated revenue) to guarantee a faithful performance ofthe Agreement. Thel bond orl letter shall bej payable to the City and prepared in a format approved by the City Attorney. It shall remain in effect for the full term of the. Agreement, including extension periods. Same shall be delivered to the City within ten (10) days of awarding the Agreement, any extensions and annual renewals are subject to review and increase. Failure to comply with annual submission shall automatically default the performance bond requirements to the original $250,000.00.  5. City'sDefault:  a. The persistent and repeated failure of the City to perform any material obligation under this Agreement, including, but not limited to, the repeated delivery of unacceptable waste shall constitute a default on the part ofthe City. b. Any delay inj payments beyond a due date (in the event the City exercises its ability to move to single payor option under the contract), as set forth above, shall  constitute a default on the part of the City.  6. Liquidated Damages: Basis for liquidated damages: The City and Contractor acknowledge and agree that isi iti is difficult toj precisely determine the amount of damages that would be incurred by the City due to those failures or circumstances described in this section and for which the Contractor would otherwise bel liable. Accordingly, the parties have determined and agreed upon the amounts of the liquidated damages set forth herein, and the parties agree that the liquidated damages are reasonable under the circumstances. Therefore, the  4D    following shall constitute liquidated damages, not penalties, for the Contractor's failure to Process for assessing liquidated damages: The City Manager and/or Director of Public Works shall provide written notice of any assessment of liquidated damages and the Contractor shall then have five (5) business days to submit a written response detailing the basis for disputing the assessment. Failure to respond in writing constitutes acceptance of the assessment. The City Manager or Director of Public Works shall meet with the Contractor within five (5) business days of the City's receipt of the written response and attempt to resolve the dispute. In the event no resolution is reached within seven (7) business days following the date ofs such request is received by the City Manager, the City and Contractor may submit the dispute for mediation to a mutually agreeable mediator. Responsibility for the costs of mediation shall be divided equally, unless otherwise mutually agreed, among the Contractor and City. If the parties are not able to resolve dispute through mediation, or if the dispute is not submitted to mediation, the decision of the City Manager shall be strictly observed. If the Contractor is not satisfied with the decision ofthe City Manageritmayt take: further actions available: at law, in equity, orunder Payment: Liquidated damages shall be submitted to the City on a quarterly basis. Amount of Liquidated damages: The City Manager may assess liquidated damages in the  perform in accordance with the provisions oft this Agreement.  this Agreement.  amounts listed below. Performance Standard Violation a. Legitimate Complaints/month  Liquidated Damages $30/complaint $45/complaint $60/complaint $75/complaint $100/complaint $100/incident $100/incident $500/incident $100/incident  1-4 5-9 10-14 15-19 20 ormore  b. Providing collection service outside the designated times Failure to notify Residential Customers of permanent route  without the City Manager's approval  or schedule changes Transfer Station the Contractor  d. Failure to deliver materials to the City  Failure to promptly clean up any litter or spills caused by Use of a vehicle not meeting the requirements of this  41    Agreement without City Manager approval  $100/incident/day  g. Failure to submit required reporting and schedules within  required time periods  $100/day for each day late  Limits: The Contractor shall not bel liable forl liquidated damages because ofany delays in the performance of work due to a condition Force Majeure as defined herein Section 33 and for failure to collect all Solid Waste stored outside ofthe solid waste cart during period ofcollection occurring within three (3) days ofa specified Holiday as defined herein. SECTION 10. CUSTOMER BILLING AND COLLECTION. The City shall retain the right and responsibility for residential and commercial account establishment, the monthly billings, and collection of charges to residential and commercial customers. The City shall notify the  Contractor of new and closed accounts.  SECTION 12. DISPOSAL SITE AND FEES. All Solid Waste collected by Contractor, as defined herein, shall be disposed of at a site or facility legally empowered to accept it for treatment or disposal. The Contractor shall bei responsible for all disposal, which shall be done SECTION 13. CONTRACTORS BUSINESS OFFICE. Contractor shall maintain a local telephone listed: in the name in which it conducts business as Contractor and must answer same at alli reasonablet times. There shall be an adequate number oftelephones and ai responsible Contractor representativein charge during Contractor business hours for thej purpose of addressing residential and/or Commercial Business Establishment complaints or services related issues  lawfully, as well as being responsible for all disposal fees.  SECTION 14. INSURANCE.  1. All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required to have a minimum rating of A. Class Xi in the Best's Key Ratings Guide published by A.M. Best & Co., Inc. 2. The City shall be furnished proof of coverage via a certified, complete duplicate of all insurance contracts, including every endorsement. The complete insurance contracts must be delivered to the City Manager or designee, not less than ten (10) days prior to the commencement of any and all contractual agreements between the City and the Contractor. The City shall retain the right to reject all insurance contracts that do not 3. All insurance contracts. except that for Worker's Compensation Coverage, shall list the City as an "Additional Insured" and Contractor shall provide the City with current  meet the requirements of this Agreement.  42    Certificates ofI Insurance for all policies.  4. Contractor shall at all times during the. Agreement Term maintain in full force and effect workers compensation, comprehensive general liability, comprehensive automobile liability, and otheri insurance as is appropriate for the solid waste services being performed hereunder by Contractor, its employees, subcontractors or agents. The amounts and types of workers compensation, comprehensive general liability, comprehensive automobile liability, and other insurance shall conform to the following and all costs ofs such insurance a. Commercial general liability: Contractor shall provide and maintain during the term of this Agreement, commercial general liability (CGL) insurance with a limit of not less than $1,000,000.00 for each occurrençe. Ifsuch CGL: insurance contains a general aggregate limit, it shall applys separately to1 this contract in the amount of$2,000,000.00. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent contractor, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse, or underground (x.c.u.) exposures personal injury and advertising injury. Damage to rented premises shall be b. Automobile liability insurance: Contractor shall maintain vehicle liability with a limit ofnot less than $1,000,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any vehicle (including owned, hired and non-owned vehicles). The policy shall be endorsed to provide Coverage must be afforded on a form no more: restricted than the latest edition of the Comprehensive AutomobileLiability, Policy filed by thel Insurance Services Office and i. $3,000,000 combined single limit per accident for bodily injury and  shall bel borne by Contractor:  included at ai minimum of$100,000.00.  contractual liability coverage.  must include:  property damage. ii. Owned Vehicles. iii. Hired and Non-Owned Vehicles. iv. Employee Non-Ownership.  Workers' compensation insurance: Contractor shall provide and maintain workers' compensation insurance on all employees in accordance with the applicable state and federal laws. Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employer's Liability with a limit of $1,000,000.00 each accident, $1,000,000.00 each employee, $1,000,000.00 policy limit for disease. A certificate shall be filed with the City by the insurance carrier showing such insurance to be in force at all times. Waiver of  subrogation in lieu ofadditional insured is required.  43    5. Contractor's policies shall expressly contain and be endorsed to include the following a. General Liability, Automobile Liability Coverage and the: are to have the City named b. General Liability and Automobile Liability Coverage policies shall also include "the City, its officers, officials, employees and volunteers are be covered as insureds as respects; liability arising out of the activities performed by on or on behalf of the Contractor, including thei insured's general supervision of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations or the scope or protections afforded the . All coverage and policies shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage limits except afteri no less than thirty (30) days prior written: notice by certified mail, return receiptrequested, d. Theinsurance coverage shall protect itself, its agents and employees and the City from claims for damages or personal injuries, including wrongful and accidental death, and property damage which may arise from operations under this Agreement whether such e. In the event the insurance coverage expires prior to the completion oft the Agreement, arenewal certificate shall bei issued 30 days prior to expiration date. f. All certificated ofinsurance must be on file with and approved by the City before the  provisions:  as an "additional insured".  City, its officers, officials, employees or volunteers.  has been given to the City.  operations are performed byi itselfo or its employees.  commencement of any work activities.  SECTIONIS.NOTICE OF CLAIMS OR LITIGATION. Contractor shall report to the City any incident or claim resulting from the performance of this Agreement. Within ten (10) days oft the Contractor's! knowledge ofthe occurrenceo ofani incident of an incident or claim, the Cityl Manager, or designee, shall receive written: notice describing thei incident or claim. In the event such incident or claim involves injury or property damage to ai third party, verbal notification shall be given to the City the same day the Contractor becomes aware oft the incident or claim. A detailed written report shall be made to the City within ten (10) days. By entering into this Agreement, the City explicitly does not waive any immunities, protections or privileges it has under Florida law SECTION 16. INDEMNFICATION AND HOLD HARMLESS. In connection with this Agreement, Contractor has warranted and represented that it has specialized knowledge and  including but not limited to sovereign immunity protection.  44    experience for the solid waste management services and the delivery oft these services it is being contracted to perform. The City is relying on these warranties and representations in this regard made by Contractor. Accordingly, Contractor agrees to hold City harmless from any and all damages and liability caused by Contractor and its negligence with regard to its professional 1. Contractor agrees to indemnify and hold harmless the City and its elected officials, employees and appointees: from any loss, claim, liability, penalty, fine, forfeiture, demand, causes ofaction, suit and costs and expenses incidental thereto (including cost of defense, settlement and reasonable attorney's fees) resulting from al breach by Contractor of any of the agreements, representations, or warranties ofContractor contained in this Agreement, or caused by or resulting from any negligent, willful or otherwise tortuous act or omission of Contractor, its agents or employees, in connection with Contractor's provision of services and obligations contemplated by this Agreement. The indemnity obligation of Contractor under this section shall survive the expiration or termination oft this Agreement, 2. By entering into this Contract, the City explicitly does not waive any immunities, protections or privileges they have under Florida law including but not limited to the sovereign immunity protections afforded to the City ofl Port St. Joe, Florida. 3. The Contractor shall take due diligence at all times to act within the scope of its professional solid waste standards and best practices and other applicable solid waste industry guidelines, laws and regulations for these services. Furthermore, the Contractor shall secure any and all proper instruction, authorization and approval of the Port St. Joe Board of City Commissioners for procedures and requirements with City policy and 4. On or before October 1st of each year under this Agreement that Contractor shall perform the solid waste services it shall furnish to the City aj performance bond ofa surety license in accordance with the RFP requirements and specifications licensed int the State ofFlorida for the faithful performance oft this agreement and all obligations arising hereunder in the amount of $250,000.00. (with conditional submission of annual certified letter/affidavit of contractor for projected annual revenue as verification of performance obligations and burden to be anticipated by City for Contractor's failure to perform. Failure to submit annual renewal statement and projection shall automatically default the performance bond  performance ofthese solid waste management services.  subject to any applicable statute ofl limitation.  spending authority and approval for these services.  obligations to the original sum of$1,000,000.00.)  SECTION 17.] HOLIDAYS. City shall not require Contractor to provide service on the following holidays: New Year's Day, Fourth of July, Thanksgiving and Christmas. If the regular collection day for any route(s) falls on any ofthe aforementioned holidays, Contractor SECTION 18. ACCESS TORECORDS. The City may audit Contractor's: records at any time with Contractor being given a five (5) day written notice and the City shall have access to any  shall collect the refuse on the next business day.  45    and all of Contractor's records as they pertain tot this. Agreement.  SECTION1 19. RECORDS AND REPORTING: Contractor shall: maintain records and provide the 1.1 Maintenance of Records: The Contractor shall maintain all financial and non-financial records and reports directly ori indirectlyrelated tot thej performanceofthis. Agreement Such records shall bei maintained and made available fori inspection for a period off five (5): years 2. Examination ofrecords: The City, or designated agent, shall have the right to examine in accordance with generally accepted governmental auditing standards all: records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, 3. Records which relate to any litigation, appeals, or settlements of claims arising from performance under this Agreement shall be made available until a final disposition has 4. Cost and pricing data: The Contractor, by executing this Agreement, certifies to truth-in- negotiation, specifically that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current ati the timeofcontracting. The Contractor agrees that the City may adjust the consideration for this Agreement to exclude any significant sums by which the consideration or rates for customers was increased due to inaccurate, incomplete, or non-current wage rates and other actual unit costs. The City shall make any such adjustment within one (1) year following the termination of this 5. Contractor acknowledges and agrees to comply fully with all Florida public record laws and production requirements as well asl F.S. 119.0701 and the specific languagep pertaining to contractors withj public agencies and the contractor publicrecord obligations emphasized 6. The Contractor shall provide the following information to the City Manager prior to commencement ofserviçes and shall update this information as needed to ensure the City a. List of all officers, directors and principals of the Contractor's company and all b. Names, qualifications, and contact information of person in charge of the  proper: reports as follows:  from completing performance under this Agreement.  time and place.  been made of such litigation, appeals, or claims.  Agreement.  by the Florida legislature.  Manager has current information at all times.  persons with ownership in excess off five percent (5%).  Contractor's operations.  Routes and schedules for Residential Collection Services.  46    d. Listofcollection vehicles.  7. The Contractor shall keep and maintain transfer station operating andi maintemancerecords, SECTION: 20. COLLECTION EQUIPMENT. Contractor shall have on hand, at all times and in good working order, such equipment (including Garbage Receptable replacements) as shall permit the Contractor to adequately and efficiently perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers ofgarbage collection and disposal equipment. Equipment shall be of the enclosed loader /packer type and all equipment shall bel kept in good repair and appearance and in as sanitary and clean condition at all times. Contractor shall have available reserve equipment which can be put into service within twenty-four (24) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor toj perform the contractual duties. SECTION21.F PROTECTION OF AGREEMENT AREA. No collector other than Contractor may make any pickups within the Agreement Area for the services defined in this Agreement. Contractor may not charge a customer, for services under this Agreement, any amount other than SECTION 22. SPECIAL WASTE, HAZARDOUS WASTE, BIOMEDICAL WASTE AND 1. Contractor shall not ber required to collect and disposeofSpecial Waste, Biomedical Waste, Hazardous Waste, or Biological Waste, but may offer such service in the service area. All collection and disposal of such waste when performed by the Contractor shall be in strict 2. Contractor shall refuse to collect solid waste from a customer, if the Contractor believes that such solid waste contains Special Waste, Biomedical Waste, Hazardous Waste, or  schedules and log books subject to City's inspection and review.  that prescribed by the City or as otherwise provided in this Agreement.  BIOLOGICALWASTE  compliance with all federal, state and/orlocal laws andregulations.  Biological Waste.  SECTION 23. MODIFICATIONS TO LEVEL OF SERVICE. City may modify the level of collection services provided under the Agreement ifit is determined to be in the best interest of the City or to comply with changes in laws and regulations. City and Contractor agreet toi negotiate thei impact of any such modifications in good faith, shall reduce same to writing, and shall execute SECTION 24. MODIFICATIONS TO SCOPE OF SERVICE. City may modify the scope of the Agreement to include collection services not originally specified in the Agreement, if determined to be ini the best interest ofthe City. Cityand Contractor agree toi negotiate any impact ofs such modification oft the scope ofservices in good faith, shall reduce the same to writing, and  same as amendments to this Agreement.  shall execute same as amendments to this Agreement.  47    SECTON2SCOOPERATONCCORDINATION City and its authorized representatives shall be permitted reasonable access to every facility for the.inspection of all work equipment and facilities of Contractor. The Contractor shall cooperate with the reasonable requests of any authorized representative of the City in order to facilitate the progress of the work SECTION 26. STORMS AND HURRICANES. In the event of a storm or hurricane, the City Manager or their designee, may grant the Contractor reasonable variance from regular schedules and routes. As soon as practicable after such storm or hurricane, the Contract shall advise the City Manager and the customer oft the estimated time required before regular schedules and routes can ber resumed. In the case of a storm orl hurricane where it is necessary for the Contractor to acquire additional equipment and tol hire extra crews to clean the service area ofdebris and refuse resulting from the storm, the Contractor shall work with the City in all possible ways for the efficient and 1. Contractor: shall receive extra compensation, above that provided for by the Agreement for additional personnel, overtime. and cost of rental equipment, provided it has first secured prior written authorization from the City Manager, or their designee. The total cost for such service shall bel based oni rates jointly agreed upon in advance by the City and the Contractor. In the event of such storm or hurricane emergency, the City reserves the right to assign route or pick-up priorities as deemed necessary by the City Manager. Notwithstanding the above, the Contractor shall not be responsible for nor have an obligation to collect, transport or dispose of debris or other waste material from a hurricane, severe storm or other natural or man-made disaster unless the City enters into a written agreement with Contractor: specifying the terms and compensation  contemplated under this Agreement.  rapid cleanup of the service area.  for suchservices.  SECTION 27. CONTRACTORS REPRESENTATIVES: Contractor shall assign a qualified person or persons tol be in charge of the operations within the service area, and he or she shall be responsible to the City Manager and be accessible: at reasonable times ofcall. The Contractor shall give the names and day and night telephone numbers of these persons to the City. Said supervisor(s) must be available for consultation with the City Manager and customers within a reasonable, practicable timeafternotification ofar request for such consultation. The supervisor(s) SECTION 28. CONDUCT OF EMPLOYEES. Contractor shall ensure that its employees serve the public in a courteous, helpful and impartial manner. Contractor's collection employees will be required to follow the regular walk for pedestrians while on private property. No trespassing by employees shall be permitted, nor shall the crossing of neighboring properties, unless residents or owners of both such properties shall have given permission. Care shall be taken to prevent damage to property including cans, carts, racks, SECTION .COMTIANCENTISTAT FEDERALANDMUNICIPALLAWS. Promptly upon the execution of this Agreement, Contractor shall apply for the approval hereof to any  shall operate ai radio-equipped vehicle.  trees, shrubs. flowers and other plants.  48    agency, officer or authority of any government: ifs such approval is required by any applicable law, ordinance, code or regulation. Contractor agrees to indemnify and hold harmless City from and against all claims, suits, causes ofa action, demands, penalties, losses or damages which may arise or accruel because ofthe failure or neglect of Contractor to obtain such approval. This Agreement is1 made expressly subject to thei mutual acknowledgement that both Contractor and City expressly agree to comply with and abide by all applicable laws, ordinances, codes and regulations insofar as the same may be applicable to the terms and conditions of this Agreement, including all rules and regulations now existing or that may bej promulgated under and in accordance with any such 1. Contractor shall give all notices required by law and shall comply with all federal, state and local laws, ordinances, rules and regulations governing delivery ofits services pursuant to this Agreement and shall upon request of the City secure documents evidencing 2. This Agreement is executed and entered into in the State ofFlorida, and shall be construed, performed and enforced in all respects in accordance with the laws, rules and regulations ofthe State of Florida. Any action hereon or in connection herewith shall be brought in  law or laws.  compliance therewith.  the City of Port St. Joe, Florida.  SECTON30,PERMITS, ANDLICENSES. Contractor shall obtain, ati its own expense, all permits and licenses required by law or ordinance and maintain the same: in full force and effect. SECTION 31. TITLETON MATERIALS. The City reserves the right at all times to hold title and SECTION 32. MODIFICATION. The terms and conditions of this Agreement may be modified from time to time by mutual agreement of the parties as evidenced by a written agreement duly executed by the parties hereto or their representatives. No modification or amendment of this Agreement shall be valid and effective unless evidenced by the required SECTION 33. FORCE MAJEURE. Contractor shall be excused from performance by natural catastrophe due to an act of God, including, but not limited to, a hurricane, flood or tornado, or from a riot, war, strike, insurrection, sabotage, civil unrest, strikes or embargoes, acts of third parties, acts of governmental authority or any similar or dissimilar causes beyond Contractor's reasonable control. Contractor will not be responsible for cleanup of storm related debris. Contractor, however, is responsible to resume regular collection of all normal refuse as soon as possible after the disaster. Contractor will coordinate all operations with the City Manager. Ifthe City terminates the Agreement, the City shall procure services similar to those sO terminated and Contractor shall be liable to the City for excess costs unless Contractor provides acceptable evidence that failure to perform the contract was due to causes beyond the control and. without  ownership to all waste collected by the Contractor.  agreement in writing.  fault or negligence of Contractor.  49    SECTION34. GOVERNING LAW. The validity, enforceability, interpretation, and performance ofthis contract shall be governed by Florida Law with venue in GulfCounty, Florida. SECTION 35. DISPUTE RESOLUTION. The parties shall make a good faith effort to resolve any disputes amicably. If the parties cannot come to a mutual resolution, mediation, in Gulf County, Florida shall be aj prerequisite toi resolving any dispute. Thej parties shall endeavor to select amutuallya agreeable: mediator familiarwith: similar typeissues and schedule suchi mediation within 60 days ofreceiving written notice requesting mediation. Should thej parties not reach an amicable resolution during mediation, the parties shall submit any and claims to the Court of competent SECTION 36. ENTIRE AGREEMENT. The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification ofthis Agreement shall bei in writing and signed by both parties. Failure to comply with any of the provisions stated herein shall constitute a material breach oft the contract and cause. for termination. Both parties recognize time is of the essence in the performance of the provisions of this Agreement. It is also agreed by the parties that the forgiveness ofthe nonperformance ofany provision ofthis Agreement does not constitute a waiver SECTION 37. ATTORNEYS FEES AND COSTS. If any legal proceeding is brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection to any provision of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to any other relief to which such party is entitled, reasonable SECTION38.S SEVERABILITY IfI should appear that any provision herein is in conflict with any statutory provision of the State ofF Florida, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be  jurisdiction in GulfCounty, Florida.  ofthe provisions oft this Agreement.  attorney's fees and other costs incurred ini that action or proceeding.  deemed modified to conform to such statutory provisions.  Intentionally left blank  S0    IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first  written above. City ofPort St.. Joe Board ofCommissioners  BCC WASTE SOLUTIONS LLC  By:  By:  Rex Buzzett, Mayor- Commissioner  Jason Tunnell, President  ATTEST By: City Clerk  51    ExhibitA 1XWK 2XWK $ 28.35 $ $ 56.65 $ $113.30 $ $1 169.95 $ $231.75 $  BCCRates FY2024-2025 Commercial Containers 1Yard 2Yard 4yard 6Yard 8Yard  3XWK 4XWK 5XWK  6XWK  7XWK  56.69 $ 85.04 $113.38 $ 141.73 $ 170.20 $ 204.49 113.30 $ 169.95 $ 231.75 $ 288.40 $ 347.87 $ 405.85 231.75 $ 345.05 $ 463.50 $ 576.80 $ 695.74 $ 811.70 345.05 $ 597.40 $ 695.25 $ 865.20 $1,043.62 $1,217.55 463.50 $ 695.25 $9 927.00 $1,158.75 $1,391.49 $1,623.40  Commercial Containers W/ Casters $ 10.00 Per Container  Commercial Carts 1Cart -96 Gallons 2Carts 96 Gallons Compactor Rental MonthlyRental Compactor: Hauling Per Haul Rate CompactorT Tonnage Fee Per Ton Home Business 1Cart- -96 Gallons 20 Carts -96 Gallons Residential 1Cart- -96 Gallons 2Carts- -96 Gallons Low! Income 1 Cart- -96 Gallons Back Door Service- -Per Cart Senior Discount 62Years ofA Age Bear Resistant Container Service Bear Proof Container Service Commerciall Lock Barc onet timef fee Replacement Cart Fee Annual CPI Increase  1XWK 2XWK $ 26.27 $ $ 40.69 $ $540.75 $334.75  3XWK 4XWK 5XWK 6XWK 7XWK 52.53 $ 79.53 $ 106.53 $ 133.53 $ 160.53 $ 187.53 81.37 $120.87 $160.37 $ 199.87 $ 239.37 $ 278.87  $ 85.00 No Change 1XWK $ 26.27 $ 40.69 1XWK $ 18.05 $ 26.29 1XWK $ 18.05 $ 6.18 $ 1.53 $ 8.24 $ 10.30 $ 150.00 $ 95.00 2%  52    RESOLUTION 2024-08  A RESOLUTION OF THE CITY OF PORT ST. JOE, FLORIDA, ESTABLISHING A SCHEDULE OF FEES FOR THE COLLECTION OF WASTE. AS DETAILEDI IN ORDINANCE #347, SEC. 54-5, ADOPTED BY THE CITY ON JUNE 20, 2006; AND PROVIDING FOR AN  EFFECTIVE DATE.  WHEREAS, Ordinance #3471 having been adopted by the City ofl Port St. Joe on June 20, WHEREAS, Sec. 54-5 authorizes the City Commission to set a fee schedule for waste WHEREAS, BCC Waste Solutions has negotiated with the City on fees to be charged, NOW,THEREFORE, BE IT RESOLVED BY THE CITY OF PORT ST. JOE,  2006, establishes a city code for garbage/trash removal; and  collection by resolution; and  and the City has agreed upon the proposed fee schedule;  FLORIDA: 1.  That the Fee Schedule attached hereto and marked as Exhibit A shall be adopted  as the schedule ofi fees tol be charged to the citizens of] Port St. Joe. Effective date: This Resolution shall become effective September 17,2024. THIS RESOLUTION ADOPTED this September 17;2024.  CITY COMMISISON OF THE CITY OF PORT ST. JOE, FLORIDA  BY:  Rex Buzzett Mayor-Commissioner  Attest:  Charlotte Pierce Auditor/Clerk  53    54    55    RESOLUTION NO.2024-09  A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR STATE OF FLORIDA FISCAL YEAR WHEREAS, the City of Port St. Joe desires to submit an application to the Florida Department of Environmental Protection for a Florida Recreation Development WHEREAS, there is a present and growing need for outdoor recreation opportunities among persons of all ages within the City of Port St. Joe, Florida corporate limits and WHEREAS, the City recognizes this need for additional recreational opportunities; and WHEREAS, meeting the increasing demand for, recreation opportunities can best be met with the improvements and additions to the City of Port St Joe's Benny Roberts Sports Park Phase II as detailed in the application for funding in which the City is submitting an application in the 2025-2026 application cycle requesting $200,000.00 in NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Port St.  2025-2026.  Assistance Program Grant to benefit the local residents.  among those visiting the area, and  grant funds. Joe as follows: 1. 2. 3.  That the City of Port St. Joe hereby authorizes the filing of an application for a Florida Recreation Development Assistance Program Grant, and That the City Manager of the City of Port St. Joe is hereby authorized to execute all documents required in connection with the filing of said application to be submitted on or before September 30, 2024. That as part of the application for the Florida Recreational Development Assistance Program (FRDAP) grant, the Capital Improvements Element of the Comprehensive Plan of the City of Port St. Joe, Florida will be amended to include the development of the Beny Roberts Sports Park, Phase II in the City of Port St. Joe, if the project is funded in the 2025 =  2026 application cycle.  DULY PASSED AND ADOPTED by the City Commission of the City of Port St. Joe,  Florida at a regular meeting on this 17th day of September, 2024  Rex Buzzett, Mayor  ATTESTED:  Charlotte Pierce, City Clerk  56    RESOLUTION NO.2024-10  A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR STATE OF FLORIDA FISCAL YEAR WHEREAS, the City of Port St. Joe desires to submit an application to the Florida Department of Environmental Protection for a Florida Recreation Development WHEREAS, there is a present and growing need for outdoor recreation opportunities among persons of all ages within the City of Port St. Joe, Florida corporate limits and WHEREAS, the City recognizes this need for additional recreational opportunities; and WHEREAS, meeting the increasing demand for, recreation opportunities can best be met with the improvements and additions to the City of Port St Joe's George Core Park Phase I as detailed in the application for funding in which the City is submitting an application in the 2025-2026 application cycle requesting $200,000.00 in grant funds. NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Port St.  2025-2026.  Assistance Program Grant to benefit the local residents.  among those visiting the area, and  Joe as follows: 1. 2. 3.  That the City of Port St. Joe hereby authorizes the filing of an application for a Florida Recreation Development Assistance Program Grant, and That the City Manager of the City of Port St. Joe is hereby authorized to execute all documents required in connection with the filing of said application to be submitted on or before September 30, 2024. That as part of the application for the Florida Recreational Development Assistance Program (FRDAP) grant, the Capital Improvements Element of the Comprehensive Plan of the City of Port St. Joe, Florida will be amended to include the development of the George Core Park, Phase I int the City of Port St. Joe, if the project is funded in the 2025 - 2026  application cycle.  DULY PASSED AND ADOPTED by the City Commission of the City of Port St. Joe,  Florida at a regular meeting ont this 17th day of September, 2024  Rex Mayor, Mayor  ATTESTED:  Charlotte Pierce, City Clerk  57    Grants Updated- 9/17/24  Title  Amount  Status  NWFWMD/NERDA $971,850  Draft Stormwater Master Plan Complete. Water Quality portion is Hazard Mitigation. Elevation of (12) lift stations and switch gear for Washington Gym Generator Power. Submitted 3/6/20. 25% match. Clifford Sims Park Repairs due to Hurricane Michael. Approved  on hold.  FDEM FEMA Historic Resources/Hurricane Michael CDBG-DR National Park System/Hurricane Michael Historic Resoures/Hurricane Michael USDA COVID-19 Rescue Plan FDEO FDEP Water Protection Funds FDEP Water Protection Funds FDEP FRDAP FDOT/SCOP NOAA FDOT Phasel FDOT Phase II  $660,943 $5,000 1.4M $497,495 $9,996,000 $83,000 $327,707 $4,000,000 $1,786,545 $675,426.00 $965,000 $4,300,000 $218,895 $150,000 $575,417.65 $280,000 $1,563,611 $100,000 $129,580  Approved 12/16/22 4/21/23  Centennial Bldg. Rehab. Grant awarded.  Sewer Rehab- City Wide. Approved 5/21. CCTVwork approved. Washington Gym Rehabilitation. Submitted by UF. Approved and will be administered thru the State of Florida Division of Historical Cape San Blas Lighthouse Complex. The project has been re-bid. Waiting on Approval oft the amended scope ofwork by the State. Potential 65% loan/35% grant for new Government Complex. The Grant Agreement signed 9/15/21. Funds received. $1,000,000 allocated for 10th Street Sports Complex & $786,545 for Road Commercial District Waterline Replacement. Grant Approved System Wide Septici to Sewer for 175 connections. Grant Application approved 11/10/21. Accepting Applications for service. Beacon Hill Sewer. Grant Application Approved 11/9/21. The collection system is out for bids and the lift station is being Resilient Florida (Study of PSJ). Submitted 8/30/21, Working with Core Park Splash Pad & Restroom, 25% City Match. Submitted 8/27/23. Second Request. Was not approved. Application for re-surfacing Allen Memorial. Approved on 8/23/22 Stormwater Management (H&H) Study, Approved 4/21/23 Hwy 98 Beautification Grant, Approved 12/16/22. Coastal has  Resources  project is on hold. Paving already spent.  4/8/22. Phase I under construction.  constructed. UF.  for1 the 2024 fiscal year.  Phase I Application submitted 12/19/23 completed the design. Out for bids Phase II approved 1/10/24  58    Legislative Request $1,500,000  Road Paving, submitted by Clark Smith approved in the 23/24 State Lead and Copper Service Line Inventory. Additional $9,800 Grant/ Downtown Water line Replacement Phase II. Approved, Application  2023 FDEP/SRF FDEP/SRF  Budget. Grant being worked thru FDOT.  $102,000 Grant $1,506,338 Grant $1,000,000 TBD, up to $750,000  Loan/$98,000 $10,200 Loan Approved as well. Loan/$655,456 submitted on 11/2/23  Legislative Request $500,000  Fire/Police Public Safety Facility Road Paving Workforce Housing Project Submitted 11/10/23. Was not approved  2023 Army Corps of Engineers Gulf Consortium  Stormwater Improvements, Application submitted on 10/18/23. Signed the sub-grant agreement with Gulf County on 10/31/23 for Rural Infrastructure Fund, Workforce Housing Access Road. Application submitted 11/3/23. Was not approved. Police Dept. - Occupant Protection. Application submitted on Police Dept. -Speed & Aggressive Driving. Application submitted on  $15,000,000 Was not approved.  the ESAD Purchase re-imbursement  Dept. of Commerce $2,000,000  FDOT FDOT FDOT  $47,302 $84,302  2/27/24. 2/27/24. in March 2024.  $561,884.66 Ave C& DI Paving SCOP Grant. Application submitted the first week  Historic Resources (FDHR) FDEP FDEP  $1,000,000  Washington Gym Improvements. 25% match required. City/County/  UF partnership. Application submitted 5/31/24.  $84,000,000 Waste Water Plant Improvements. Application submitted 5/29/24.  $80,000  Water Plant Backwash Reuse Project. Application submitted 6/11/24. Estimated $200,000 project with Max of 40% Grant. Was Workforce Housing Road. Application submitted 7/16/24.  not approved.  Dept. of Commerce $1,534,824  59    7he Otgo d Paitg Ooc PRESENTS A NIGHT OF CELEBRATION  Centemnial  ulding  GPANDIEEODENING  FRIDAY 27TH SEPTEMBER  7PM TO MIIDNIGI  GLASSLESS REUNION III Featuring the 1960's band The Villagers Local talents Buddy Hamm, Zach McFarland, The Curry's, Eddie McFarland & Ken Kanline  Uickets $25 PER PERSON LIMITED UMAIROTOAISAVAILNIG ATTHEDOOR  Beverages AVailable No COOLERS ALLOWED  SPDNSDIPSHUD  $1,000 I RESERVED TABLE FUR 10 $2,500 RESERVED DTABLEFOR IOPLIS FB BLAST  Spcallhank - lo our majr Sponso  Panache Tents & Events PortFine-Wines Tapper &Co.  TICKETS FORTHE EVINT MAY BE PURCHASED IN PERSON AT CHY HALL OR BY CARD AT350-2A9-8261 OPTION 1