CITY OF AVON PARK Highlands County, Florida CITY COUNCIL REGULAR MEETING October 14, 2024, 6:00 p.m. City Council Chambers, 123E Pine Street, Avon Park, FL This meeting will be held in person at the above address. and use code 5993092787 No Password needed.  You: are welcome to attend via ZOOM, ifyouv wish. To enter this meeting, you must use the ZOOM app  A. CALLTOORDER: 1. Invocation 2. Pledge of Allegiance 3. Roll Call C. CONSENT AGENDA:  B. PROCAMATONSPICAL PRESENTATIONS: discussion following the Consent Agenda)  (Any Councilmember may remove an Item on the Consent Agenda and place it on the Action Agenda for 4. Minutes of the City Council Special Meeting, September 14, 2024- (Christian Hardman, City 5. City Council Regular Meeting, September 23, 2024- (Christian Hardman, City Clerk) 6. IPO #24 Grant Administration and Compliance Fees- (Jason Atkinson, Public Works Director) 7. Amendment #3, FL Commerce CDBG MT039 - Distribution and Drinking Water Grant - (Jason 8. Bank Account Authorization for City Manager Danielle Kelly- (Melody Sauerhafer, Finance  Clerk)  Atkinson, Public Works Director)  Director). D. ACTION AGENDA:  9. First Reading: Ordinance No. 12-2024, Approving Water and Sewer Ordinance Revisions - (Jason 10. First Reading: Ordinance No. 13-2024, Approving Amendments to Solid Waste Rate Changes- 11. CRA Advisory Board Member Requesting Waiver to Apply for CRA Façade Grant- (Danielle Kelly,  Atkinson, Public Works Director) (Jason Atkinson, Public Works Director)  City Manager)  12. FAMI lease- General Aviation Office Space-(Danielle Kelly, City Manager) 13. Two New Employee Classifications/Daniele Kelly, City Manager)  E. STAFFUPDATES/ADMINISTRATION: F. AITORNEYUPDAIES: G. COUNCIL DSCUSSION/UPDATES: H. CITY MANAGER'S REPORT: PUBLICPARICPATION: ADJOURN:  14. Regular Updates from the City Manager- - (City Manager, Danielle Kelly)  15. The next City Council Regular Meeting is Monday, October 28, 2024, at 6:00 p.m.  Any person who might wish to appeal any decision made by the City Council of the City of Avon) Park, Highlands County, Florida, inj public hearing or meeting is hereby advised that he/she will need a record of the proceedings, and for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made which will include the testimony and evidence upon which such appeal is tol be based. Any person with disabilities requiring accommodations in order to  participate should contact the City Manager prior to the meeting.    Agenda Item Summary  Date of Action: October 14, 2024  Subject: Minutes of the City Council Special Meeting, September 14, 2024  Item No.: C-4  Placed on Agenda by: City Clerk, Christian Hardman  Staff Review: Yes Attorney Review:  Recommended Motion(s): Approve Consent Agenda  Documentation: Background:    CITY OF AVON PARK Highlands County, Florida September 14, 2024, at 9:00 a.m.  MINUTES OF THE CITY COUNCIL SPECIAL MEETING  A. OPENING.CIO-900am.  1. Invocation: Mayor, Garrett Anderson 2. Pledge of Allegiance: Mayor, Garrett Anderson 3. Roll Call: Interim City Manager, Christian Hardman  COUNCIL MEMBERS PRESENT:  Member, Brittany McGuire Member, Shelly Mercure Member, Bernice Taylor Deputy Mayor, Jim Barnard Mayor, Garrett Anderson  COUNCIL MEMBERS ABSENT: STAFF PRESENT:  Interim City Manager, Christian Hardman Human Resources Director, Koger Denise  B.SPECIAL MEETING  4. City Manager Interviews- (Interim City Manager, Christian Hardman)  Mayor Anderson stated the two candidates are allowed only an hour. Each council member has prepared two questions for the candidates. He requests the council members ask their own questions to ensure the intent and message are clearly conveyed, to allow accurate responses. The interviews began with Danielle Kelly. Councilmember McGuire asked, regarding her previous interactions with residents and businesses in Avon Park, what she has learned from those interactions. Kelly stated residents and businesses in Avon Park take great pride ini their town and seek more opportunities, including entertainment, restaurant options, and affordable housing. Conversations with residents, including retirees at Donaldson Park, highlighted the need for public transportation and services for the homeless. She stated despite these concerns, residents appreciate the small-town feel but desire some big- town amenities.  Page 1of7    Councilmember McGuire asked Kellyt to describe her succession plan to manage Avon Park. Kelly supports the idea of an assistant city manager, which would allow her to focus on bigger picture items. She plans to evaluate the current staff, noting the executive staff is excellent based on feedback from business owners and her own interactions. She believes someone from the Councilmember Mercure asked how long Kelly plans to serve, to which: she answered as long as the council needs her. Councilmember Taylor asked for clarification about the assistant city manager position, and whether Kelly will negotiate her pay for an assistant city manager. Kelly acknowledges the city's 13% contribution toi the Public Employee Retirement fund and expresses that she does notr need the Florida retirement system. She has looked into the laws and is fine with not being enrolled in iti ifi it means the city doesn't have to pay fori it. Deputy Mayor Barnard asked for Kelly's thoughts about bringing back a police department. She stated many cities in the County of Riverside contracted with the sheriff's department for policing services, but the costs increased: significantly. About 10 cities considered forming a coalition to finance their own police force. Ift the pricing becomes too burdensome, a study could be conducted to determine the cost of establishing: a police department. Deputy Mayor Barnard asked how Kelly'sp previous job experiences qualify her as the new city manager. Kelly gave examples and provided the council with a spreadsheet showing her accompishments. She emphasized the value of home rule powers, allowing cities to set up their government and enact policies independently of state approval. She stated at the March Joint Powers Agreement; the city had extensive authority similar to other cities and the county, excluding eminent domain, which required county approval. Kelly oversaw implementing various ordinances, including planning and zoning, truck routes, and water efficiency regulations. She added the city developed code and enacted resolutions on diverse topics such as salary scales and  director's positions could be groomed toi take over when she leaves.  environmental regulations.  Kelly contributed to creating recreational facilities, including a 50-acre sports park, 500 acres of open space with trails, a military-themed park with parkour elements, and two dog parks. Kelly managed a substantial budget, including a $12.3 million general fund and a $35.1 million overall fund. She used diverse funding sources like lease revenues, assessments, and taxes; and handled various enterprise funds, including rental homes and a golf course. She delt with utilities, initially managing water, sewer, and electrical systems. Kelly ensured compliance with sunshine laws, conducted open meetings, and engaged the community through open houses and feedback mechanisms. Kelly managed al larger population and budget compared to Avon Park, overseeing $12.3 million in the general fund and $35.1 million overall fund, with additional fiduciary Deputy Mayor Barnard asked for clarification on Kelly's previous statements about the CRA experience. She stated her annual budget was $9.5 million. During the development, the focus was on building infrastructure such as streets, water, and sewer systems, with CRA (Community Redevelopment Agency) funds primarily allocated to these areas. Although the emphasis wason cityi infrastructure. Deputy Mayor Barnard requested Kelly expand on façade grants. She praised thet facade grant program and expressed enthusiasm for Avon Park's downtown development. She recommended increasing the city'svisibility beyond Highlands County to attract broader attention across Florida. Kelly noted a disconnect between the public perception and the city's actual activities, suggesting that despite as strong, engaged community, there is a need to-  responsibilities.  Page 2 of7    enhance the city'si image and rally support to further develop and promote Avon Park while Councilmember Taylor asked for details concerning Kelly's comment regarding California's CRA. Kelly explained that redevelopment programs were dissolved in 2012 because many projects, which she referred to as "good old boy" schemes, received funding despite not being deserving. This tarnished the reputation of legitimate projects like ours. As a result, the state responded by enacting reforms and eventually dissolving redevelopment programs. Councilmember Mercure asked about items in her spreadsheet and if she was the soul decision maker. Kelly answered she takes int the opinion of all other departments to, then, decide. Deputy Mayor Barnard asked how Kelly takes insubordination, to which she said she does not tolerate disrespect. She would consider whether actions are a trend and reoccurring, before deciding on a disciplinaryaction. Councilmember Taylor asked Kelly how she handles inquiries from the community regarding personal interests or requests. She emphasized that al lack of information often leads to misinformation. She prefers addressing public concerns directly; explaining processes clearly to help ease misunderstanding. Kelly will meet with community members to clarify progress and address any issues, ensuring transparency and prompt action on urgent matters. Councilmember Taylor asked what is her learning curve (related to the position) and where she would excel. Kelly stated her learning curve to be water and sewer but confidently stated she does well economic development. She stated the next CRA position can double as an economic development representative. Kelly noted the importance of filling empty buildings such as the ones on Main Street and Highway 27. Councilmember Taylor asked if Kelly believes the CRA person should have previous CRA knowledge. Kelly answered she absolutely believes the new person should have a CRA background or history of working in a CRA. Councilmember Taylor asked if she would rather have an input on the new CRA Coordinator. Kelly stated she prefers to Councilmember Mercure asked for clarification on Kelly's statement to developers, saying she was the next city manager. Kelly stated she said she was the next city manager as she was conveying positivity. Councilmember Taylor stated, given the diverse opinions on the council, how would Kelly protect city government and staff from political whims and resident demands, ensuring fairness for the public? Kelly stated a mission statement is vital as it would allow for focus toward the same goal. Councilmember Mercure asked Kelly if she had sat with any of the councilmembers on a personal level. She stated she had lunch with Deputy Mayor Barnard and emailed Councilmember Taylor on monumentation signs and way-finding signs for the CRA. Councilmember Mercure noted: she has not been contacted by any of the candidates. Mayor Anderson asked how Kelly plans to attract or assist industrial development. Kelly answered Highlands County has an underutilized foreign trade zone that could significantly benefit local industrial companies by providing economic incentives fori importing, manufacturing, and storage. Kelly shared her experience growing a similar foreign trade zone in Riverside County from zero value to a $2.2 billion enterprise with 800 employees, showing the potential fors similar success for Avon Park. Mayor Anderson asked what her personal goals are for the next five years? She plans to help the city thrive, the budget fund itself, and services be charged at the actual cost. Councilmember Taylor asked what Kelly envisions for Main Street. She asked ift the city has a list of properties and if not, it needs to be done. She recommends  preserving its charm.  be part of the hiring, as this person is to report to her.  marketing out to New York or the west coas  Page 3 of7    Mayor Anderson asked her about philosophy on customer service. Kelly emphasized the importance of addressing public concerns and maintaining transparency. She prides on being customer-focused and skilled at calming upset citizens. She is committed to serving the public and ensuring their concerns are addressed, promptly. Councilmember Mercure asked if Kelly has city municipal manager's experience for an incorporated city, and Kelly stated no. Deputy Mayor Barnard stated he lived in Riverside County. Kelly clarified she started in 2003 and has infrastructure development experience with Winstar Communications. While there, she worked with 19 different jurisdictions building Telecom infrastructure. Councilmember Taylor asked how Kelly would decide whether to place a resident's concern on the agenda or allow them five mins at the end of the meeting. Kelly noted the benefits of using the five minutes, but recommended council name an executive committee to decide agenda items. If the subject is critical to the citizenry, then iti is for the council to decide; however, day-to-day city! business falls on her as the Kelly asked what the council wants to see happen in 5 years? The Mayor stated his goals for Avon Park are to fill all vacant buildings, stimulate business growth, and develop surrounding properties. He included expanding water and sewer utilities, particularly focusing on sewer expansion to support future growth, and adjusting policies to attract residential, business, and industrial development. The mayor also seeks to create a coherent development plan for Avon Park. Deputy Mayor Barnard agreed and added the city needs a full-time in house grant writer. Councilmember Taylor stated she would like to see the drainage problems resolved. She stated Sims Street and Morel to be annexed and address the slum and blight of the community. Councilmember McGuire noted the need for grants to have funding and address the mentioned issues. She also stated the need for marketing and expanding to other areas to push for development. Councilmember Mercure noted the need to rewrite the ordinances. She wishes to address growth on Main! Street, other areas, and annexation to allow an increase in revenue. Councilmember Taylor added the need for the CRA to reach its full potential, and wishes for low, Mayor Anderson welcomed Mr. Lynch. Councilmember McGuire asked what Lynch learned from his experience and departure as the City Manager in Ohio. Lynch observed politics heavily influence city management, as seen in Newton Falls, where shifts in council majority often lead to changes in city managers. He compared the situation to the frequent firings of Billy Martin by George Steinbrenner, highlighting that city managers are often replaced with changes in political leadership. Lynch learned to stay dedicated and adaptable, accepting that political changes will affect the management landscape. Councilmember McGuire asked for clarification on the time it would take Lynch to move and how he would manage the city prior to this move. Lynch believes a city manager should live within the community to be directly affected by their decisions and fullye engaged. He is prepared to move immediately and has the flexibility to do SO, as he currently manages his own business. While he plans to find a permanent home, he is open to Deputy Mayor Barnard stated Lynch stated he wishes to correct the record and provided the council with a handout. He noted ai troubling part, highlighted in red, had a comment, "Thave three more interviews coming, sO you better get me now." Lynch stated he would not hire a person who would state this. He asked the council to read an exact transcript of his answer- which he does not deem arrogant. He requested the interview video to clean his name and allow for transparency with the council. Lynch expressed his desire to move to Florida and  city manager.  affordable income housing.  rent temporarily until he secures a long-term residence.  Page 4 of7    mentioned he has other interviews, both in Florida and Ohio. He noted that while he has other Deputy Mayor asked about Lynch's view on insubordination. Lynch stated there isn't room for disrespect andi insubordination, however, employee discipline is done in gradations. Legal counsel will advise the need for a case prior to termination. A record is needed to show the problem was addressed with the opportunity to reform. If not done properly, it can expose the cityt to litigation. He believes al low producing employee can become al highly productive employee with the proper encouragement. Per Deputy Mayor's request, Lynch discussed: a letter from ai former assistant to the Ohio Supreme Court, included with correspondence from the Newton Falls law director. He explained al legal dispute where a client complained about his decision not to appeal a criminal case. Lynch faced potential disciplinary: action, which would have been costly, around $100,000. He resigned from practicing law to avoid this expense and accept a city manager position in Newton Falls. The Ohio Supreme Court later reviewed the case Councilmember Taylor asked how Lynch would handle inquiries from the community. Lynch emphasized thei importance of making citizens feel valued and understood. Iti is important to care and: show commitment to addressing their concerns. Building rapport and validating issues helps diffuse frustration. Councilmember Taylor asked what his learning curve is and what his strengths are. Tol build rapport with the council and the community, Lynch plans to engage directly with councilmembers, including Deputy Mayor Bernard, through personal meetings such as lunches or coffee. Since residents may not always have direct access, establishing strong connections with councilmembers will help bridge that gap. He aims to integrate himself into the community by participating in local events, such as high school sports games. Lynch's approach rejects an' "Ivory Tower" management style; instead, he believes in being actively involved ini the field, including understanding the challenges faced by city employees. Councilmember Taylor stated how would Lynch protect the city government and his staff from political whims and residents' demands brought to councilmembers. She asked how he would make sure decisions are still fair to the public. Lynch believes the keyi is to prioritize the integrity of decisions. Basing decisions on facts, truth, and thel law, without considering financial implications, race, creed, or political pressure. Municipal government should focus on non- political aspects, ensuring services like police response are effectively provided and addressing Mayor Anderson asked how Lynch would attract or assist Industrial Development. Lynch stated to access Community Development Block Grant (CDBG) funds, which are reserved for entitlement communities, you need to work through the county as a pass-through since your community is not large enough to qualify directly. In his experience, he has written many CDBG applications focusing on economic development to attract industry. This approach supports job creation and stimulates local economic growth, such as improving housing and local services. Attracting industry often involves offering incentives to make the community financially attractive. He regularly uses industry databases to target potential businesses and negotiate incentives, including property tax benefits, to enhance economic development. Mayor Anderson asked what his personal goals are fort the next ten years? Lynch stated he plans tos serve for the next ten years but noted the council controls the time frame. Lynch expressed  opportunities, it shouldn't rush the decision-making process.  and found no grounds for disciplinary action.  citizen concerns without bias.  Page 5of7    his commitment to staying for 10 years and proposed using contract law to ensure this. He will include a clause in his contract that penalizes him if he does not stay for the agreed duration. He offered a clause allowing the council to end his contract at any time. Lynch emphasized he Mayor Anderson asked what his philosophy on customer service is. Lynch responded to validate and going beyond to solve the citizen's issue eveni ifi it means reaching outside the organization. Deputy Mayor Barnard asked if Lynch had any communication with the council. Lynch stated he had no communications back and forth except for an email sent to Councilmember Taylor about a week and al half ago, which was not responded to. He referenced an August 26 meeting where the law director advised against council members communicating with candidates to avoid favoritism. Lynch acknowledged sending the email to discuss a particular issue but did not Councilmember Taylor asked if a candidate can be overconfident. Lynch stated yes, and provided an example Reggie Jackson was described as arrogant, and the Yankees' manager explained that Jackson's confidence stemmed from his ability to hit home runs off Nolan Ryan's 105 mph pitches. The speaker acknowledged the potential for overconfidence but emphasized their qualifications and collaborative management style. They stressed the importance of humility and perseverance, especially in grant writing, which they consider their expertise. They. argued against outsourcing grant writing, advocating for someone within the community to handle it. The speaker also opposed hiring an assistant city manager, praising the current department heads and emphasizing the need for a great administrative assistant instead. Lynch provided handouts to the council for his last comments. Lynch presented a summary of the council's scoring sheet for candidates, highlighting discrepancies in the scoring process. He noted before awarding 17 veteran points to the other candidate, his scores were significantly higher. After adding the points, the scores were closer, but still in his favor. He pointed out inconsistencies, such as receiving al low score ini the "approach to news media" category, despite his relevant experience. Lynch expressed confusion over receiving the lowest scores in several categories. Lynch acknowledges his competition's qualifications and management skills, stating she would be an excellent choice. He expresses shock at the scoring outcome and emphasizes  wants to prove his dedication and authenticity to the community.  disclose the issue.  his fondness for the community and council members.  Meeting recessed at 10:42 a.m. Meeting reconvened at 10:47 a.m.  Mayor Anderson confirms the council can take votes during the special meeting and has options to offer a position now or at at future meeting. They note that specifics, such as contracts, need discussion with the city attorney and that general terms can be approved now, but the contract MOTION: Deputy Mayor Barnard, "Imake a motion to hire Dr. Kelly as the next City  would need approval at a future meeting.  Manager," seconded by Councilmember McGuire. AYE: McGuire, Barnard, Anderson  ABSENT:  Page 6 of7    NAY: Mercure, Taylor Motion Passed: 3-2  Both Councilmember Taylor and Councilmember Mercure prefer Lynch as the City! Manager. Councilmember McGuire stated both candidates are qualified but noted Kelly has already made motions to be part of Avon Park. Mayor Anderson noted both candidates shine ini their own way. He stated his choice is based on Kelly's personality andi it would be better tolerated. Based on his observations oft the employees and the relationships. Mayor Anderson asked ift the motion included a dollar amount, to which Deputy Mayor Barnard stated no. Councilmember Taylor expressed skepticism on the: scoring and totals. Mayor Anderson noted the scoring is an aide for the ultimate decision and the council can choose differently. Hardman recommended discussing Kelly's salary during contract negotiations.  C.PUBLIC PARTICIPATION: D.ADJOURN:  The meeting adjourned at 10:51 a.m. ATTEST: CITY OF AVON PARK: Christian Hardman, City Clerk  James Garrett Anderson, Mayor  Page 7of7    Agenda Item Summary  Date of Action: October 14, 2024  Subject: Minutes of the City Council Regular Meeting, September 23, 2024  Item No.: C-5  Placed on Agenda by: City Clerk, Christian Hardman  Staff Review: Yes Attorney Review:  Recommended Motion(s): Approve Consent Agenda  Documentation: Background:    CITY OF AVON PARK Highlands County, Florida September 23, 2024, at 6:00 p.m.  MINUTES OF THE CITY COUNCIL REGULAR MEETING  A. OPENING: CTO-6:04 p.m.  1. Invocation: Councilmember, Brittany McGuire 2. Pledge of Allegiance: Mayor, Garrett Anderson 3. Roll Call: Interim City Manager, Christian Hardman  COUNCIL MEMBERS PRESENT:  Member, Brittany McGuire Member, Bernice Taylor Deputy Mayor, Jim Barnard Mayor, Garrett Anderson Member, Shelly Mercure  COUNCIL MEMBERS ABSENT: STAFF PRESENT:  Interim City Manager, Christian Hardman Code Enforcement Supervisor, Randy LaBelle Fire Chief, Andy Marcy Finance Director, Sauerhafer Melody Human Resources Director, Koger Denise Public Works Director, Atkinson Jason  B.PROCLAMATIONSESPEGAL PRESENTATIONS:  4. Proclamation: Florida Climate Week- (VoLo Foundation, Gisella Bruck)  City Attorney. Jerry Buhr read the proclamation for Florida Climate Week, October 7th to 13th. 5. Proclamation : International Alpha Delta Kappa Month- (Alpha Delta Kappa International Honorary City Attorney. Jerry Buhr read the proclamation for International Alpha Delta Kappa Month, October  Organization for Women Educators)  2024.  Page 1 of10    C.CONSENT AGENDA: Hardman)  6. Minutes of the City Council Regular Meeting, September 9, 2024- (Interim City Manager, Christian 7. Adopt 2024-2025 Holiday Schedule- (Interim City Manager, Christian Hardman) 8. Event Request with Road Closure: Avon Park High School Homecoming Parade-(Sherri Whidden, 9. GOGOV Citizen Notifications and Alerts Agreement- (Interim City Manager, Christian Hardman and 10. Event Request: Santa's Gift Shop- (Sherri Eason, Heartland Helping Hands) 11. Classic Caladium Roof TPO Roof Installation- (Public Works Director, Jason Atkinson)  Athletic Director APHS) Emily Goczan, GOGoV)  Mayor Anderson and Councilmember Taylor moved agenda item C-12, C-13 to the action agenda for discussion. Deputy Mayor Barnard noted itemC-11, Classic Caladium Roof TPO Roof Installation, is MOTION: Councilmember McGuire "T make a motion we approve the consent agenda items C6-  noti in the best interest of the city.  C11,'seconded by Deputy Mayor Barnard AYE: McGuire, Taylor, Barnard, Anderson  NAY: None Absent: Mercure Motion Passed: 4-0 D.ACTION AGENDA:  City Attorney Buhr detailed an add-on item related to al local state of emergency related to Tropical Cyclone 9. A meeting is possible subject to the governor issuing a local state ofe emergency due to potential tropical Cyclone 9, contingent on the governor's emergency declaration. City Attorney Buhr AI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVON PARK, FLORIDA (CITY), DECLARING SEVEN (7) DAYS OF LOCAL STATE OF EMERGENCY SUBJECT TO THE GOVERNOR'S DECLARATION OF EMERGENCY REGARDING POTENTIAL TROPICAL CYCLONE 9, AND AUTHORIZING THE CITY MANAGER TO LEAD COOPERATION WITH HIGHLANDS COUNTY OFFICIALS IN DEBRIS REMOVAL AND TO EXTEND THIS RESOLUTION IN SEVEN (7) DAY INCREMENTS PURSUANT TO SECTION 252.38(3)(a) FLORIDA STATUTES, AS NECESSARY; IN THE EVENT OF A COUNTY OR GOVERNOR'S EMERGENCY DELARATION, AUTHORIZING AND DIRECTING THE CITY MANAGER TO IMPLEMENT THE EMERGENCY DECLARATION PREPARATIONS, THE CITY MANAGER IS AUTHORIZED TOTAKE WHATEVER PRUDENT ACTIONS MAYI BE NECESSARYTO PROTECT CITY NFRASTRUCTURES AND THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE CITY AND CUSTOMERS OF THE CITY'S UTILITIES SYSTEMS PURSUANT TO THIS DECLARATION; AND PROVIDING FOR AN Hardman stated the emergency declaration was given by the Governor at 11:00 a.m.  readi the short title for Resolution No. 2024-19, respectively.  EFFECTIVE DATE.  Page 2 of10    MOTION: Mayor Anderson, "I make a motion to approve Resolution 2024-19," seconded by Deputy  Mayor Barnard NAY: None Absent: Mercure Motion Passed: 4-0  AYE: McGuire, Taylor, Barnard, Anderson  12. RFP #24-12 Sale and Development of City-owned Property- (Interim City Manager, Christian  Hardman)  Discussion ensued on RFP #24-12 Sale and Development of City-owned Property. Sarah Pipal and Rob Bullock of 100 E. Main Street summarized the proposal to the board. Deputy Mayor Barnard inquired on parking space, to which Bullock stated their plan is to purchase the property south of the property. Buhr suggested approving the proposal in principle, as a conceptual plan, to allow room to address all agreement details, with the option to withdraw acceptance in case of disagreement. Deputy Mayor Barnard noted the importance of having sufficient parking. Discussion continued on parking. Pipal stated there are 9 apartments with roughly 1.4 parking spaces available per unit (12.6 parking spaces, in all). Currently, the parking lot nearby has 25 parking spaces, of which were confirmed by Hardman. Mayor Anderson explained that the parking lot requires approval from the board since it is owned by the CRA. Councilmember McGuire noted the proposal states seven apartments. Discussion continued on the proposal. Hardman stated the Councilmember McGuire inquired on the sale price; Hardman clarified the sale price is concrete, $25,000, as it is part of the bid specifications. Deputy Mayor Barnard inquired if the property had an independent appraisal, and Hardman stated not during her three years with the city. Discussion continued on proposal details. Councilmember McGuire asked for the estimated time frame of completion, to which Bullock estimated one to two years. Buhr stated the agreement isa combination of the sale agreement with the proposal. A discussion followed regarding the agreement details to safeguard the city and the possibility of obtaining an appraisal. Buhr read out information on MAI (Member Appraisal Institute) appraisals for real estate. Deputy Mayor Barnard asked whom Pipal and Bullock represent. Pipal explained they represent both the buyer and the MOTION: Mayor Anderson, "So move," to approve pending a comprehensive agreement to include sales aspects and building requirements, subject to legal review; seconded by  proposal approval is conceptual and allows for negotiations.  builder, as they are the same.  Councilmember McGuire AYE: McGuire, Barnard, Anderson NAV:Taylor Absent: Mercure Motion Passed: 3-1  Page 3 of10    13. Purchase of a 2024 Ford T-250 Cargo Van from Alan Jay Fleet Sales- (Public Works Director,Jason Atkinson presented the purchase of a 2024 Ford T-250 Cargo Van from Alan Jay Fleet Sales. Discussion on replacing truck number 57, which has 186,000 miles, as per the FY24 budget. A suitable vehicle has been located and is immediately: available. Councilmember Taylor inquired what the proposed vehicle used for, and Atkinson stated it is for the custodian that goes around and addresses different buildings ini the city. Atkinson gave details on the failing parts oft the vehicle.  Atkinson)  Discussion continued on the proposed vehicle. Van;" seconded by Deputy Mayor Barnard AYE: McGuire, Barnard, Anderson NAY: Taylor Absent: Mercure Motion Passed: 3-1  MOTION: Mayor Anderson, "Ir make a motion to approve the purchase ofa2 2024 Ford T-250 Cargo  14. FY2022-2023 Audit Presentation- (Finance Director, Melody Sauerhafer)  Julie Fowler, Clifton Larsen Allen Auditor, presented and summarized results on the 2023 audit with a PowerPoint presentation. During the presentation, Julie Fowler, Clifton Larsen Allen Auditor, reported and summarized the results of the 2023 audit using a PowerPoint presentation. The financial statements and compliance with federal grants received unmodified or clean opinions, indicating that the numbers were reported in accordance with generally accepted accounting principles and that there was compliance with grant programs materially. However, the auditors did Fowler stated regarding the financial statements, the recent software transition caused some errors int the accounting records and additional strain on staff. These errors led to material audit adjustments, which were necessary for achieving a clean audit opinion. She believes the issue isa onetime occurrence because of the software conversion and does not expect it to be a future finding. Fowler continued, stating the remaining findings pertain to grant compliance. The airport improvement program findings include the need to have a dedicated person to allow for proper 15. Public Hearing: Second Reading, Ordinance No. 08-2024, Amending the Avon Park Unified Land Development Code, Providing regulations for shipping/cargo containers for use as accessory City Attorney Buhr read the short title for Ordinance No. 08-2024, respectively.  issue their report with findings and recommendations.  segregation, documentation, and continuation.  structures- (Jeff Schmucker, CFRPC)  AN ORDINANCE OF THE CITY OF AVON PARK, FLORIDA, AMENDING THE AVON PARK UNIFIED LAND DEVELOPMENT CODE, SPECIFICALLY AMENDING ARTICLE 2, ADDING NEW SECTION 2.05.04, PROVIDING REGULATIONS FOR: SHIPPING/CARGO CONTAINERS FOR USE AS ACCESSORY STRUCTURES FOR STORAGE, AND. AMENDING ARTICLE 3, SECTION 3.11.02(B)(10) REGARDING THE USE OF SHIPPING AND CARGO CONTAINERS FOR: STORAGE PURPOSES, AND AMENDING ARTICLE9,  Page 4 of10    PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE MOTION: Deputy Mayor Barnard, "So Move," to approve Ordinance No. 08-2024; seconded by  DATE.  Councilmember McGuire. NAY: None Absent: Mercure Motion Passed: 4-0  AYE: McGuire, Taylor, Barnard, Anderson  16. Public Hearing: Second Reading, Ordinance No. 09-2024, Amending the Avon Park Unified Land Development Code, Providing Regulations for Farmer's Markets- (Jeff Schmucker, CFRPC) City Attorney Buhr read the short title for Ordinance No. 09-2024, respectively.  AN ORDINANCE OF THE CITY OF AVON PARK, FLORIDA, AMENDING THE AVON PARK UNIFIED LAND DEVELOPMENT CODE, SPECIFICALLY AMENDING ARTICLE 2, ADDING NEW SECTION 2.02.18, PROVIDING REGULATIONS FOR FARMERS' MARKET, AND AMENDING ARTICLE 9, PROVIDINGA A DEFINITION OF FARMS' MARKET; PROVIDING FORS SEVERABILITY; PROVIDING FORCODIFICATION; MOTION: Councilmember McGuire, "T'll make a motion to approve Ordinance No. 09-2024;"  AND PROVIDING FOR AN EFFECTIVE DATE. seconded by Deputy Mayor Barnard. AYE: McGuire, Taylor, Barnard, Anderson  NAY: None Absent: Mercure Motion Passed: 4-0 Sauerhafer)  17. Resolution No. 2024-16, Final Millage Rate Adoption FY 2024-2025- (Finance Director, Melody  City Attorney Buhr read the short title for Resolution No. 2024-16, respectively.  AF RESOLUTION OF THE CITY OF AVON PARK OF HIGHLANDS COUNTY, FLORIDA, ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES FOR HIGHLANDS COUNTY FOR FISCAL YEAR 2024-2025; MOTION: Councilmember McGuire, "I'll make a motion to approve Resolution No. 2024-16;"  PROVIDING FOR. AN EFFECTIVE DATE. seconded by Deputy Mayor Barnard. AYE: McGuire, Barnard, Anderson NAY: Taylor Absent: Mercure Motion Passed: 3-1  Page 5 of10    18. Resolution No. 2024-15,Finall Budget Adoption FY 2024-2025- (Finance Director,Melody City Attorney Buhr read the short title for Resolution No. 2024-15, respectively. AF RESOLUTION OF THE CITY OF AVON PARK OF HIGHLANDS COUNTY, FLORIDA, ADOPTING THE FINAL BUDGET FOR FISCAL YEAR 2024-2025; PROVIDING FOR AN EFFECTIVE DATE. MOTION: Councilmember McGuire, "T'II make a motion to approve Resolution No. 2024-15;"  Sauerhafer)  seconded by Deputy Mayor Barnard. AYE: McGuire, Taylor, Barnard, Anderson  NAY: None Absent: Mercure Motion Passed: 4-0  19. Resolution No. 2024-17 Authorizing Submission of FRDAP Application for Lake Tulane (PublicWorks  Director,Jason Atkinson and Finance Director Melody Sauerhafer) City Attorney Buhr read the short title for Resolution No. 2024-17, respectively. AF RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FORI FEDERAL FISCAL YEAR: 2025-2026 AND PROVIDING FORAN Atkinson presented and summarized using PowerPoint. He gave details on the proposed items for MOTION: Deputy Mayor Barnard, "So move," to approve Resolution No. 2024-17; seconded by  EFFECTIVE DATE. the park.  Councilmember McGuire. NAY: None Absent: Mercure Motion Passed: 4-0  AYE: McGuire, Taylor, Barnard, Anderson  20. Resolution No. 2024-18 Authorizing Submission of FRDAP Application for Walnut Street Park (Public  Works Director,J Jason Atkinson and Finance Director Melody Sauerhafer) City Attorney Buhr read the short title for Resolution No. 2024-18, respectively. AF RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FORI FEDERAL FISCAL YEAR: 2025-2026 AND PROVIDING FORAN  EFFECTIVE DATE.  Page 6of10    Atkinson presented and summarized using PowerPoint. He gave details on the proposed items for the park. Councilmember Taylor inquired on tennis courts, and Deputy Mayor Barnard opined and supported the proposal. Mayor Anderson clarified the approval is for the  application.  MOTION: Deputy Mayor Barnard, "So move," to approve Resolution No. 2024-18; seconded  by Councilmember McGuire. AYE: McGuire, Taylor, Barnard, Anderson  NAY: None Absent: Mercure Motion Passed: 4-0  21. City Manager Contract, Danielle Kelly- (Interim City Manager, Christian Hardman)  Buhr stated that he included his administrative comments and recommendations, noting that labor attorney Brian Koji reworked the agreements. There are a couple of options available. One option is that Kelly agreed to remove the FRS retirement. However, she requested that if the agreement is terminated within 60 days of an election where two or more council members are selected, her severance pay will increase to 20 weeks instead of the normal 12 weeks. Kelly requested a stipulation for a performance evaluation at 180 days. She also included an escalator of 5% per year toi increase the base salary. She continued to explain her restructuring of the Florida Retirement System (FRS). Councilmember McGuire asked if the contract includes a probationary period prior to the eligibility of the requested severance. Kelly stated the agreement does not have the stipulation Deputy Mayor Barnard inquired about health insurance, to which Kelly stated she would switch to the city's health insurance. Kelly clarified the severance request. She stated severance would increase to 12 weeks post an election period. If new council members are elected, this grants hera 60-day window to showcase her capabilities. Kelly agreed to include the request made by the council to allow the severance stipulation post the probation period of six months. Discussion continued on the proposed severance package. The council approved Kelly's contract as City Manager, setting her salary at $120,000 and including a six-month probationary period before Councilmember Taylor asked about the Assistant City Manager position. Buhr clarified the city charter requires the City Manager to recommend an Assistant City Manager. Taylor questioned whether Kelly plans to delegate work and request a raise or if the Assistant City Manager will take onr responsibilities without a raise. Kelly responded she will wait until her probationary period ends MOTION: Councilmember McGuire, "Imake a motion we approve the contract for Danielle Kelly's salary of $120,000, pending the change of the six-month probationary period before severance  but does not oppose the recommendation.  severance applies.  before deciding.  kicks in;" seconded by Deputy Mayor Barnard. AYE: McGuire, Taylor, Barnard, Anderson  NAY: None Absent: Mercure Motion Passed: 4-0  Page 7 of10    22. Discussion of Draft Land Lease Agreement with Ignite Wireless, Inc.- (City Attorney, Jerry Buhr) Buhr stated the agreement requires review and comments by the board to the council prior to approval. The city will need to conduct two meetings and pass the agreement in the same form as we do ordinances. He stated the importance of handling the long-term lease carefully to ensure everyone is satisfied with the outcome. Deputy Mayor Barnard asked if the property is for lease not 23. Ratification of Fire Union Collective Bargaining Agreement 2024-2027- (Interim City Manager,  for sale, and Buhr asserted and added the length of the lease is negotiable.  Christian Hardman)  Hardman stated the final tentatively agreed-upon version oft the 2024-25 bargaining agreement is ready for ratification. Hardman presented a separate tentatively agreed upon pension proposal, MOTION: Councilmember McGuire, "T'Il make a motion we approve the fire union bargaining  known as the "25 and out" clause, to the city council for ratification. agreement 2024-2027;" seconded by Deputy Mayor Barnard.  AYE: McGuire, Taylor, Barnard, Anderson  NAY: None Absent: Mercure Motion Passed: 4-0  MOTION: Councilmember McGuire, "I'Il make a motion we accept the pension provision 25 and  out;" seconded by Councilmember Taylor. AYE: McGuire, Taylor, Barnard, Anderson  NAY: None Absent: Mercure Motion Passed: 4-0  24. HCSO Law Enforcement Contract Extension- (Interim City Manager, Christian Hardman) Buhr requested the City Manager provide the council with the previous agreement. Discussion ensued on the one-year extension of the law enforcement contract with the Highlands County Sheriff's Office. Concerns were raised about the contract's termination clause. Councilmember Taylor brought up Hal McRae and Delaney and asked if a substation can be designated near the area on the Southside. Discussion continued on crime and the different ideas to address concerns. Mayor Anderson recommended requesting analytical data, and Sheriff Paul Blackman suggested providing data on areas with high service calls. Buhr noted a clause in the agreement regarding termination and recommended amending the agreement. He stated the city is required by state law to have law enforcement protection. Discussion continued on thet termination stipulations oft the agreement. Buhr requested an amendment to state any termination of the contract will impose the 365 day term from article-4. Garrett Roberts, Highlands County Sheriff's Office Attorney, spoke on the matter and clarified Blackman will not pulll law enforcement to endanger the security of the citizens. He stated the agreement was set for one year to allow the new City Manager to become acclimated  to her new position.  Page 8 of10    Due to network connectivity issues, the audio from this portion of the meeting was unavailable. The following motions were made during the discussion for the HCSO Law Enforcement Contract MOTION: Deputy Mayor Barnard, to Table the HCSO Law Enforcement Contract Extension MOTION: Deputy Mayor Barnard, to revise the HCSO Law Enforcement Contract Extension from  Extension.  Indefinitely; Motion failed for lack of a second.  one year to 6-months; seconded by Councilmember Taylor.  AYE: Taylor, Barnard NAY: McGuire, Anderson Absent: Mercure Motion Failed: 2-2  MOTION: Mayor Anderson, to accept the HCSO Law Enforcement Contract Extension as  presented; seconded by Councilmember McGuire.  AYE: McGuire, Anderson NAY:Taylor, Barnard Absent: Mercure Motion Failed: 2-2  MOTION: Deputy Mayor Barnard, to accept the HCSO Law Enforcement Contract Extension as  presented; seconded by Councilmember McGuire. AYE: McGuire, Barnard, Anderson NAY:Taylor, Absent: Mercure Motion Passed: 3-1 E.STAFF PPAIS/ADMINSTRAIONK 25. Special Events Fees and Charges for City Services  Atkinson presented and gave details of what is involved and required for an approved city event. Councilmember McGuire suggested the city should get the MOT (Maintenance of Traffic) plans and subsequently bill the event coordinator. Atkinson suggests using an external MOT certified company who can work events. He stated event organizing takes time away from other more urgent projects. Discussion continued on event preparation. Mayor Anderson requests event quotes to (clearly) state  the cost associated with Main Street events.  H.CITY MANAGER'S REPORT:  26. Regular Updates from the Interim City Manager = (Interim City Manager, Christian Hardman)  Hardman provided an update regarding the FAA, stating the Record of Decision has not been issued. The cityi is preparing an assignment and assumption agreement for approval, pending  Page 9 of10    the decision, byt the October 14th agenda. She sought the council's decision on rescheduling meetings. The November 11th meeting, which falls on a holiday, is recommended to be moved to November 18th, while the November 25th meeting, during Thanksgiving, is suggested to be MOTION: Mayor Anderson, "I'II make a motion we move the November 11th meeting to the 18th and cancel the November 25th meeting," seconded by Deputy Mayor Barnard.  canceled. The council agreed to the proposed dates.  AYE: McGuire, Taylor, Barnard, Anderson  NAY: None Absent: Mercure Motion Passed: 4-0  Trick-or-Treating is rescheduled for October 26th, 2024 to begin at 6 p.m. Hardman concluded with an announcement of her attendance to a conference scheduled from October 13th to 17th. Despite being out of town, Hardman will attend the October 14th City Council meeting via Dolores Miranda, 4051 EC Old Bombing Range Road, expressed her disappointment and requested consistency in statute 2860.1114. Beverly Ruck, 6300 E. Arbuckle Road, thanked the records liaison. She continued to express her concerns. Shane Eason spoke against the public comments made by the prior members. Sherri Eason, 401 Lime Street Drive in Sebring, emphasized the need for mediation to prevent disruptions during City Council meetings, which are productive. She urged meeting a liaison or mediator to address these concerns, stressing  Zoom, with Deputy Clerk Chavez attending in person as backup.  that it is time to focus on conducting business effectively.  J.ADJOURN:  The meeting adjourned at 8:28 p.m. ATTEST: CITY OF AVON PARK: Christian Hardman, City Clerk  James Garrett Anderson, Mayor  Page 10 of10    Agenda Item Summary  Date of Action: October 14, 2024  Subject: Kimley-Horn Grant Administration and Technical Assistance for Upgrades and  Relocation of the Lake Tulane Lift Station #18  Item No.: C-6  Placed on Agenda by: Public Works Director, Jason Atkinson  Staff Review: Yes Attorney Review:  Recommended Motion(s): Approve Individual Project Order (IPO) #24 from Kimley-Horn and  Associates, Inc. in an amount not to exceed $95,730.  Documentation:  Kimley-Horn and Associates, Inc. Proposal - IPO 1 #24  Kimley-Horn and Associates, Inc. Proposal - Hourly Breakdown - IPO#24 Kimley-Horn and Associates, Inc. Continuing Services Agreement  Background: The City of Avon Park was awarded funds from the Supplemental Appropriation for Hurricanes Fiona and lan (SAHFI). The application included $2,520,000 dollars for construction and $100,000 dollars for technical assistance and grant administration. Itis assumed the supplemental appropriation funds will cover these tasks during the construction period. The City of Avon Park will utilize the funds to relocate, construct and harden the Proposal: This SAHFI Grant is estimated to cover the cost of the project plus additional force main replacements immediately downstream of the pump station. Due to the special appropriation status, the funding will have specific compliance requirements that have to be tracked and maintained. The City of Avon park is engaging Kmle/Momscomplance administration team to lead the management of the SAHFI grant to include adhering to federal and state provisions of appropriation and 2 CFR 200. The City does not currently have the staff available to manage the grant, and this proposal will ensure that the City complies with grant requirements and has the funds available to complete the Lake Tulane Lift Station #18 Financial Impact Summary: IPO #24 has unit pricing per the continuing services agreement with Kimley-Horn and Associates, Inc. The cost of the proposal, $95,730, was built into the approved SAHFI grant agreement. $180,000 was budgeted in FY 24/25 Budget Line Item # 401- 0751-535-3100 SRF to fund current costs that will be reimbursed by the SAHFI Grant. There is  Tulane Lift Station.  Replacement and Upgrades Project.  $180,000 in the account.    PROJECT BUDGET Project Num.: Date: Estimated By: Diana Bello KHA Task# Subtask ID Number [task no.] 1 ofaWork Plan 2  Project Name: Grant Administration and Technical Assistance for Upgrades and Relocation  10/6/2024  HOURLY BILLING Principal Senior Project Senior Tech Mngr. Support or Professional 275.0 245.0 hr. billing hr. billing 0  Primary Project Manager  Analyst 130.0 100.0 hr.billing hr.billing 23 5 $10,9C 27 $20,07 $8,90 $26,17 $29,69  KHA Task Name Subtask Name/Description  155.0 hr. billing 12 12 10 22. 21  Preparation of Required Documentation to obtain thef funds and the Development  Diana Diana Diana Diana Diana Diana  40 60 30 60 75  Coordination of Programmatic Requirements 3 Participation in Meetings with City Staff 4 Davis- Bacon Act Tracking and Maintenance of Records for Audit American Iron and! Steel Act (AIS) and Build America, Buy America Act (BABA) 5 Tracking and Maintenance of Records for Audit 6 Supplemental Hourly Tasks  62 62  Subtotal (Hours) Labor Total (Dollars)  0.00 $0  265.00 $64,925  77.00 $11,935  174.00 5.00 $22,620 $500    INDIVIDUAL PROJECT ORDER NUMBER 24  Describing a specific agreement between Kimley-Horn and Associates, Inc. (the "Engineer" or "Kimley-Horn'), and the City of Avon Park (the "City") in accordance with the terms of the Master Agreement for Engineering  Services dated October 14th, 2019, which is incorporated herein by reference.  Identification of Project: Project: Funding Mechanism: Client:  Grant Administration and Technical Assistance for Upgrades and Relocation of Supplemental Appropriation for Hurricanes Fiona and lan (SAHFI)  Master Lift Station # 18 off Lake Tulane City of Avon Park, FL  Kimley-Horn Client Manager: Jamison Tondreault, PE Kimley-Horn Project Manager: Diana Bello, MBA  Project Understanding:  The City of Avon Park was awarded funds from the Supplemental Appropriation for Hurricanes Fiona and Ian (SAHFI). The application included $2,520,000 dollars for construction and $100,000 dollars for technical assistance. The supplemental appropriation funds will cover these tasks. The City of Avon Park will utilize the funds to relocate, construct and harden the Tulane Lift Station. The station, located on Lake Tulane, has been evaluated by city staff and engineers and is ranked as one of the top wastewater priority concerns. This award will assist the City to complete the project. Due to the special appropriation status, the funding will have specific compliance requirements that have to be tracked and maintained. The City of Avon park is engaging Kimley- Horn's compliance administration team to lead the management of the SAHFI grant to include supporting the City tomeet the compliance requisites and federal and state provisions ofthe appropriation and 2CFR200. Iti is assumed the construction of the project will be between 1.5 to 2 years. Anything more than that may require additional  services.  Specific Scope of Services:  The following outlines our proposed Scope of Services:  Task <1- Preparation of Required Documentation to obtain the funds and the Development of fal Work Plan A. Kimley-Horn's compliance team, in collaboration with the City, will prepare all necessary documentation to obtain the funds, and develop the Work Plan required by FDEP. The Work Plan will become part of the Grant Agreement. Kimley-Horn will coordinate with the City regarding project site pictures and/or other required  graphics. Kimley-Horn will:  Task2-C Coordination of Programmatic Requirements  A. Collaborate with FDEP in the drafting of the grant agreement.  B. Support the City with any needed grant agreement amendments or change orders. D. Coordinate with the City and prepare required reimbursement requests. procurement requirements of the grant agreement and 2 CFR200.  C. Assist to draft and coordinate the submission of quarterly progress reports as required by FDEP and any E. Collaborate with the Engineering team in drafting the procurement documents in order to meet the F. Assist client with coordination of external auditors' visits from FDEP, EPA or any other agency involved in the  other funding agency, as needed.  funding of the project.    G. Assist client to maintain books, records, and documents directly pertinent to performance and compliance  monitoring under this award until project close-out. Task 3 - Participation in Meetings with City Staff  A. Kimley-Horn will set up to six (6) virtual meetings with City staff to discuss the progress oft the compliance  management.  Task 4- Davis-Bacon Act Tracking and Maintenance of Records for Audit  Kimley-Horn will:  A. Participate at pre-bid meetings to review the construction compliance requirements with prospect B. Participate in initial meeting with contractor's staff to discuss the required processes oft the wage and labor Coordinate meetings with contractors' payroll staff to troubleshoot issues related to wage-labor worker E. Maintain records of tracking workbooks of weekly payrolls for prime contractor and all sub-contractors F. Verify that sub-contractors are utilizing the E-Verify system when hiring legal employees, as required by Section 274A(e) oft the Immigration and Nationality Act. If grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation oft the Grant Agreement. G. Maintain records ofr required E-Verify documentation for prime contractor and all sub-contractors H. Verify that subcontractors are not listed on the government wide exclusions in the System for Award Management, in accordance with the OMB guidelines at 2 CFR 180 and 2 CFR 200, Debarment and Verify that a sub-contractor has not been placed on the discriminatory vendor list as these sub-contractors may not submit bids, proposals, or reply to a contract top provide any goods or services to a public entity or J. Maintain records of the required Federal Debarment and Exemptions for prime contractor and all sub- <. Confirm that when workers are paid over-time, they are paid appropriately compensated according to 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act. Mechanics and laborers aret tol be paid based on a standard work week of 401 hours. Track and organize payrolls, worker interview forms and field compliance requirement form to support M. Communicate and coordinate with the U.S. Department of Labor, as needed, when a contractor or sub- contractor requests an additional wage classification for purposes of supporting the project.  applicants. regulatory requirements. Coordinate the required field workers' interviews. interviews and payroll reports. during the timeframe of the project until completion.  the during  timeframe of the project until completion.  Suspension".  public work and may not transact business with any public entity. contractors during the timeframe oft the project until completion.  compliance audits.  N. Submit to FDEP or EPA any other wage and labor required reports.  2    Task 5 - American Iron and Steel Act (AIS) and Build America, Buy America Act (BABA) Tracking and The BABA Act expands the existing AIS domestic preference requirements of the Clean Water State Revolving Fund (CWSRF) Program and the Drinking Water State Revolving Fund (DWSRF) Program. This Supplemental Appropriation mimics the CWSRF and the DWSRF programs and therefore these Acts are mandatory requirements  Maintenance of Records for Audit  for this project. Kimley-Horn will:  A. Participate in initial meeting with contractor's staff to discuss the required processes of the AIS and BABA B. Collaborate with the City in developing a process for the collection of required materials certifications from Coordinate and collaborate with prime contractor in obtaining the required materials certifications. Maintain records and tracking workbooks related to materials utilized in the project.  regulatory requirements. manufacturers and suppliers. F. Prepare mandatory reports. Task 6- Supplemental Hourly Tasks  :. Track any related federal waivers regarding materials.  A. Any additional services the City may need to fulfill the compliance requirements of the grant agreement.  SCHEDULE  Kimley-Horn will provide the services described in the scope of services from implementation of the project to  project-close out.  ADDITIONAL SERVICES  Any services not specifically provided fori in the above scope, as well as any changes ini the scope the City requests, will be considered additional services and will be performed at our then current hourly rates. Additional services  include, but are not limited to, the following:  Developing or revising internal policies to meet federal provisions Delivering staff augmentation services Additional meetings exceeding Task 3 meetings Environmental review tasks  3    FEE AND BILLING  Kimley-Horn will perform the services in Tasks 1-5 for a lump sum fee. Task 6 will be billed on an hourly basis  based on the hourly rates int the Master Services Agreement dated October 14, 2019.  The individual tasks and their fees are identified below.  Task Description  Labor Fee $ 10,900 $20,070 1 8,900 $26,170 $ 29,690  Task 1-F Preparation of Required Documentation to obtain thet funds and the Development of a Work Plan Task 2- Coordination of Programmatic Requirements Task: 3- Participation in Meetings with City Staff  Task 4-D Davis-Bacon Act Tracking and Maintenance of Records for Audit Task 5 - American Iron and Steel Act (AIS) and Build America, Buy America Act (BABA) Tracking and Maintenance of Records for Audit  Task 6- Supplemental Hourly Tasks  TOTAL $ 95,730  ACCEPTED BY: THE CITY OF AVON PARK  KIMLEY-HORN AND ASSOCIATES, INC.  BY: TITLE: DATE:  R Mark E. Wilson, PE TITLE: Sr. Vice President DATE: 04/12/2024  BY:  Dok  BY:  B7  Jamison R. Tondreault, PE  TITLE: Client Manager DATE: 04/12/2024    AGREEMENT FOR ENGINEERING SERVICES  THIS AGREEMENT, hereinafter "Agrecment," made and entered into the day of k7B,2019bys and1 between. KIMLEY-HORNANDASSOCIATES, INC.,a foreign.profit corporation registered to do business in Florida, of4 421 Fayetteville Street, Suite 600, Raleigh, NC 27601, hereinafter referred to as "Engineer" and the CITY OF AVON PARK, FLORIDA, a municipal corporation, 110 East Main Street, Avon Park, FL 33825, hereinafter referred to as "City", for and in consideration oft the following terms, conditions and covenants. PURPOSE OF AGREEMENT & ANDLIMITATIONS  I.  City has competitively ranked and selected the Engineer in compliance with CCNA and intends to enter into a contract with Engineer for provision of Continuing Engineering Services, including services by the Engineer provided pursuant to the Consultant's Competitive! Negotiation Act, section 287.055 Florida Statutes, ("CCNA") and the payment for those services by City as set forth below. The execution of this contract shall conclude competitive negotiation with the Engineer. Except in cases ofvalid public emergency, the City shall comply with the CCNA for all engineering services with good faith estimated construction or for a planning or study activity costs. The Parties agree that projects below the limits of the CCNA may be procured only according to City code and practices, and for projects above the CCNA limits for continuing  contracts shall be separately procured according to CCNA.  II. SCOPE OF SERVICES  The Engineer shall provide Engineering services in all phases of any Project for which a written Project Authorization has been issued by the City pursuant to this Agreement as hereinafter provided. These services will include serving as City's Engineer consulting representative for the Project,providing Engineer consulting consultation: and advice and miftingasmiypuisoa. engineering services and customary services incidental thereto as described in the Project Authorization. The detailed scope of services to be performed and schedule of fees for those  services shall be detailed in each Project Authorization.  Engineer shall work with the City Manager, City Attorney, or other City staff in advising the City and the City Commission regarding engineering services. The services will be those customarily attendant to Civil and Sanitary enginecring services including, but not limited to the  following:  A. Preparation of engineering studies B. Preparation of engineering design C. Preparation ofs specifications D. Preparation ofland acquisition documents B. Preparation ofal hydrologic & hydraulic studics F. Preparation of construction documents G. Preparation of cost estimates . Surveying  H. Preparation of bid documents and advising at bid openings and decision-making  Pagc 1 of13    J. Supervision and observation of field testing of site and construction projects  K. Legal description production and evaluation L. Presentation to the Commission, staff, and the public M. Preparation ofas-built plans N. Review of plans, specifications and estimates developed by O. - Other customary professional engineering services  ofreports,  bids and plans, others  exhibits  III. GENERAL PROVISIONS  Section 1. Term of Service; Authorization Required for Service.  1.1 Term of Agreement Upon  award of this Agreement, the effective date of this Agreement shall be the date of  both and Engineer. Term ofthis Agreement shall be five (5)  execution ofthis Agreement by City  by both Parties; however, the  years, with one possible extension of five (5) years if approved  Parties may terminate this Agreement as provided in Section 6' "Termination" below.  1.2 Project Authorization  Each "Project Authorization" shall specify the Period of Service agreed to by the City and the Engineer for services to be rendered as specifically described in each "Project Authorization". The terms ofsuch engineering services under an approved Project Authorization shall be according to this Agreement first, then as provided within the Project Authorization. The Engineer shall not terms within any subsequent Project Authorization or agreements related to work as a propose Contract Professional that are contrary to the terms herein. In the event ofa conflict ofterms Continuing of any agreement, Projcct Authorization, or any other document related to thel Engineer's  Contract Professional which terms are in conflict to the terms herein, the  work as a Continuing terms in this Agreement shall prevail.  Section2. Compensation and Method of Payment  2.1 Fec Schedule  CITY will compensate Engineer for scrvices under each Project Authorization. The fee due to the Engineer shall be set forth in each Project Authorization. Fees may be on a lump sum, fee curve, and/orhourlyl basis based oni funding agencyrequirements: and fee basis. Hourlyauthorizations shall be in accordance with Engineer's personnel hourly rate schedule formalized in "Exhibit A" to this Agreement, as an amendment to this Agreement from time-to-time, however, in no event shall compensation for any project exceed that authorized under the CCNA. Engineer's personnel hourly rate schedule may be updated no more than annually, with prior concurrence of the City  Commission.  2.2 Invoices and Payment  The Engineer shall submit monthly invoices and receive payment in compliance with Florida's Prompt Payment Act, $281.70 et. seq. Bach invoice shall be dctailed and include, but not be limited to: the billing period for the invoice; percentage of completion for lump sum or fee-curve  Page2of13    agreements; orl hours worked by cach classification assigned tot thel Project forl hourlyagreements. All ancillary expenses incurred and by whom shall also bel billed monthly and separatelylisted.  Section3. Reimbursable Expenses  Engineer shall be reimbursed only for approved out ofpocket expenses directly chargeable to the Project, at actual cost incurred. Reimbursable expenses will include travel, lodging and meals when traveling att the City'srequest: and on the City's sbehalf, buts shalll be limited to expenses  allowed under PartI, Chapter 1121 Florida Statutes. Section 4. Additional Services 4.1 Changes in Scope/Conditions.  Additional Services shall include: revisions to work previouslyperformed that are: required because ofa change in the data or criteria furnished to the Engineer, or a written request for a change in the scope of concept oft the! Project initiated by the City, or services that are required by changes in the requirements ofpublic agencies, after work under this Agreement has 4.2 Hazardous Substances. Unless otherwise described in the Project. Authorization, itis acknowledged by the Parties that Engineer's scope ofservices does not include any services related tol Hazardous Substances. For the purposes ofthis Agreement, Hazardous Substances means any substance, product, waste, or other material of any nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. $$9601 et seq. ("CERCLA);(6) the Hazardous Materials Transportation Act, 491 U.S.C. $$1801 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. $$6901 et seq. ("RCRA"); (d) the' Toxic Substances Control. Act, 15 U.S.C. $$2601 ets seq.; (e) the Clean Water Act, 331 U.S.C. $$1251 et seq.; (f) the Clean Air Act, 42U.S.C. $$7401 et seq.; and (g) any other federal, state, orl local statute, law, rule, regulation, ordinance, resolution, code, order, or decrec regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. IfEngineer encounters an undisclosed unlawful condition regarding such Hazardous Substances, ori ifinvestigative or remedial action, or other professional services are necessary with respect to disclosed or undisclosed Hazardous Substances, then Engineer shall notify the City and ifi required by law, the appropriate regulatory agencies, and may, ati its option and without liability for consequential or any other damages, suspend performance ofservices on the portion oft the Project affected thereby until City retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Substance  commenced.  as necessary to ensure compliance with the law. Section 5. Ownership of Original Documents  All analyses, reference data, survey data, plans and reports or any other form of written instrument or document that may result from the Engineer's services or have been created during the Engineer's performance under this Agreement are the property of and shall bc delivered to the  City after final payment is made to the Engineer on each Project.  Page c3of13    Section 6. Termination for Convenience  terminate this Agreement with or without cause after a seven (7) day Int the event of any termination, Engineer shall turn over all work party. all services rendered to the date of termination including all  Either party may other written notice to the product, and shall be paid for rcimbursable expenses. Section 7. City'sObligations 7.1 Data to be Furnished pertinent information plans responsible. isr not part of the Engincer's 7.2 Designated Representative  Engineer with all data, studies, existing surveys, plats and all other  The City shall concerning provide the Project in the possession oft the City upon request. The Engineer will rely upon the accuracy and completeness of all documents, surveys, not reports, and specifications provided by the Client or by others for whom the Engineer is legally The acknowledges that verifying the accuracy and completeness of such items  City  responsibility, unless specifically defined in the scope ofservices.  The Designated Representative of the City to act with authority on the City's behalf with respect to the Project, but subject to the City codes, ordinances, resolutions including without limitation, the City Procurement Policy, shall be identified in each Project Authorization.  Section8. Persons Bound by Agreement 8.1 Parties to the. Agreement  The persons bound by this Agreement are the Engineer and the City and their respective, officers, employees, agents, partners, suçcessors, heirs, executors, administrators, and approved There shall be no third part beneficiaries. Nothing herein shall be construed to give any assigns. or benefits arising from this Agreement to anyone other than Engineer and the City.  rights  8.2 Assignment of Interest in Agreement  This Agreement and any interest associated with this Agreement may not be assigned, sublet or transferred by either party without the prior written consent oft the other party. Nothing contained herein shall be construed to prevent Engineer from employing such independent associates and subcontractors as Engineer may deem appropriate to assist in the engineers, of the services hereunder, with notice provided to the City prior to or  performance  contemporancous with such employment. Scction 9. Indemnification of City  The ENGINEER shall indemnify and hold harmless the City and all oft the City's officers, and employces from and against all damages, liability, loss and expensc, including reasonable costs,  Page 4 of13    attorneys' fees, and court costs to the extent caused by our negligence (whether or  collection expenses, misconduct, or other fault, in whole or in part (whether joint, concurrent, performance ofits obligations under the Agreement. and voluntarily makes this covenant and expressly indemnification and hold harmless clause, valuable consideration provided by the Cityi in support of this indemnification and hold harmless contractual termination obligations oft this Agreement. Compliance with any insurance requirements required elsewhere within Agreement the City as set forth in this article of the liability and obligation to hold harmless and is intended indemnify to comply in its entirety with Florida Statute  active or passive), contributing), of the Engineer,  its officers, agents or employees in negligent performance or non-  Thel Engineer recognizes the broad nature ofthis  acknowledges the receipt ofs such good and State of Florida. This clause shall survive the this Agreement. This Indemnification provision 725.08 and shall be applied as such. Nothing hereins shall be Florida Statutes. Section 10. Insurance. provided herein. The cost withholding of payment pending 10.2 The Engineer  in accordance with the laws of the shall not relieve thel Engineer ofits  construed1 to extend the City'sliabilitybeyondt that providedi ins section 768.28,  shall procure and maintain, for the duration oft this Agreement, insurance as  10.1. The Engineer ofsuchi insurance shall bel borne byt the Engineer. Failure to comply with these insurance requirements assurance ofEngineer's ability toj pay any intervening liability. hereto. The certificate(s) shall clearly fors strict compliance with this Agreement andt that noi reduction amount, and classification: required cancellation oft the insurance shall be effective without 30 inc coverage or in limits, suspension, or below. The policies and certificates shall name the City as days' prior, written notice as provided of Workers' Compensation and Professional Liability Insurance. The policies and certificates shall waive subrogation that rights insurer to bind coverage on its The certificate(s) shall be signed by aj person authorized certified by copies of all required policies at behalf. The City reserves the right to require complete, shalll be endorsed to state that coverage attention oft the City! Manager. Int the event thei insurance issued coverage 30 expires to the said expiration  shall constitute cause for cancellation of this Agreement and  shall furnish certificate(s) of insurance to the City, attached as Exhibit "B"  indicate the Engineer has obtained insurance of the type,  an additional insured with the exception  unless prohibited by law.  anytime. Eachi insurance policyrequired! bythis reduced Agreements in shall not be suspended, voided, canceled, or prior, written notice by certified mail, return receipt or end oft this Agreement, ai renewal certificate shall be  or inl limits except after 30 days' requested, coverage has been given to the City to the prior to the termination  days prior  date.  the  requirements shall not relieve the Engineer of its liability  10.3 Compliance with foregoing the City nor a failure to disapprove the insurance certificates  and obligations. Neither approval by release the or policies furnished byl Engineers shall  full responsibility for alll liability  Engineerofthef  or its obligations. 10.4 All insurance  policies shall be issued by responsible companies authorized to do business  rating, have a financial rating of at least class  under the laws ofFlorida, have an' "A" policyholder's) the City. All policies ofi insurance required herein shall be primary  and shall bes satisfactory to  VIII in accordance with the most current. A.M. Best Key Rating Guide, insurance as respects the City,  Page 5of13    insurance or self-insurance maintained by the City, its  its officials, agents, and employees. Any oft the officials, agents, or employees shall be excess  and shall not contribute  Engineersinsurance:  with it. All 10.5 policies  ofi insurance required herein, except workers' compensation and Professional  provide that the City shall be an "additional insured" under of interest provision. All insurance policies required  Liability Insurance, shall specifically herein shall apply to all operations, contracting with Engineer. requirements of the City.  the policy and shall contain a severability activities, or use by Engineer or by anyone employed by or  and limits provided herein are designated to meet the minimum  10.6 The insurance coverage All deductibles or self-insured retentions must be declared to and  approved by the City and are the responsibility oft thel Engineer.  The minimum kinds and limits of coverage to be carried by Engineer shall be as follows:  10.7 a.  Workers' compensation and employer's liability. Ift the Engineer falls under the state workers' compensation law, Engineer shall provide coverage for all employees. The coverage shall be for the statutory limits in compliance with the applicable state and federal laws. The policy must include employer's liability Comprehensive general liability: shall include premises and/or operations, broad-form property damage, independent contractors, and contractual liability and shall be written on an "occurrence basis." $1,000,000 per each occurrence Automotive, Bodily injury and personal injury, including death: Professional Liability or Errors and Omissions Insurance. $2,000,000 per  with a limit of$1,000,000.00 for each accident.  b.  and $1,000,000 general aggregate. $1,000,000.00 in a combined single limit.  C. d.  each claim made and $2,000,000 annual aggregate.  Section11. Engineer Standards  11.1 Professional Liability; Approvals Not Guaranteed All work performed by area on which they are consulting, or directly responsible for the work produced. All engineering performed by a licensed professional engineer in accordance Engineer does not warrant or represent that any governmental the Engineer will exercise its best efforts to obtain all such approvals  Engineer will be performed by aj person either experienced in the  supervised such experienced person who shall be services by performed by Engineer will bc  with the  standards for  engineering regulations. However, contemplated under this  the Florida region, and in accordance with all applicable governmental approval will be obtained, only that  Contract.  11.2 Governmental Regulations  Page 6 of13    that work  under cach Project Authorization shall be in  Engineer shall assure Section 12. Opinions of Cost  performed  accordance with all applicable governmental regulations.  Since the Enginecr has no control over the cost of labor, materials, equipment or services market furnished by others, or over methods of determining prices, or over competitivel bidding, or conditions, all opinions as to costs rendered! hereunder shall bei made on the basis ofi its experience and qualifications and represent its best judgment as an experienced and qualified engineer, bids familiar with the current market. The Engineer cannot and does not guarantee that proposals, actual costs will not vary from opinions of probable cost. Ifat any time the City wishes greater or assurance as to the amount of any cost, the City shall employ an independent cost estimator to make such determination. Consulting services required to bring cost within any limitation established by the City will be paid for as additional services hereunder by the City.  Section 13. General Conditions  13.1 Venue in State Court, Highlands County  Venue for any lawsuit to enforce the terms and obligations of this Agreement shall lie exclusivelyi in the State Courti in and for Highlands County, Florida. The Parties specifically waive  any right to ajury trial or federal court jurisdiction based on diversity.  13.2 Laws of Florida  The validity, interpretation, construction, and effect of this Agreement shall be in  accordance with and governed by the laws oft the State of Florida.  13.3 Attorney's Fees and Costs  In the event the Engineer defaults in the performance of any of the terms, covenants and conditions of this Agreement, the Engineer agrees to pay all damages and costs incurred by the City in the enforcement of this Agreement, including reasonable attorney's fees, court costs and all expenses, cven if not taxable as court costs, including, without limitation, all such fees, costs In the event the City defaults in the performance of any of the terms, covenants and conditions ofthis Agreement, the Cityagrees top payallo damages and costs incurredbyt thel Engineer in the enforcement of this Agreement, including reasonable attorney's fees, court costs and all even ifi not taxable as court costs, including, without limitation, all such fecs, costs and  and expenses incident to appeals incurred in such action or proceeding.  expenses expenses, incident to appeals incurred in such action or proceeding. 13.4 Mediation as Condition Precedent to Litigation  Prior to the initiation of any litigation by the parties concerning this Agreement, and as a condition precedent to initiating any litigation, the parties agree to first seck resolution of the through non-binding mediation. Mediation shall be initiated by any party by serving a dispute written request fors same on the other party. Thepartyahal.lymutual. agreement, sclectamediator  Page 7 of13    thei  for mediation. Ifthe parties cannot agree on the selection  within 15 days ofthe date oft request mediator who, ifs selected solely! by the City, shall be a ofar mediator then the City shall select the Florida. The mediator's fee shall be paid in equal  mediator certified by the Supreme Court of shares by each party to the mediation. 13.5 Agreement. Amendment Agreement shall be representative identified 13.6 Waiver; Remedies  amendment or alteration in the terms or conditions contained in this herewith. No verbal agreement by the City or the City's  No modification, effective unlcss contained in a written document executed with the same  formality and of equal herein dignity shall be binding or enforceable against the City.  No failure or delay on the part of either party in exercising any right, power or privilege ofa hereunder will operate as a waiver thereof, nor will any waiver on the part ofeither party any right, power, or will privilege single or partial exercise of any right, power, or privilege hereunder hereunder, not any further exercise thereof or the cxercise ofa any other right, power, or  hereunder operate as a waiver ofany other right, power, or privilege  preclude any other or privilege hereunder.  Section 14. Document a Result of Mutual Draftsmanship  and conditions in this Agreement are the product of mutual draftsmanship by both parties,  The terms each being represented by prepared pursuant to it shall not be Section 15. E-Verification Engineer services pursuant Security's) E-Verify system subcontractor during this Agreement term. Section 16. Public Records Access:  counsel, and any ambiguities in this Agreement or any documentation  construed  any of the parties because of authorship. The against were negotiated at arms' length, and that each  partics acknowiedget that all the terms ofthis Agreement its, his, or their own interest.  party, being represented by counsel, is acting toj protect  her,  shall utilize the U.S. Department ofHomeland Security's E-Verify system to verify the employment eligibility shall expressly require any subcontractors performing work or providing Agreement. Engineer to the statc contract to likewise utilize the U.S. Department ofHomeland  of all new employees hired by thel Engineer during the term oft this to verify the employment ofa all new employces hired by the  16.1 ENGINEER shall comply with Florida Public Records law under Chapter 119,F.S. under Records made or received in conjunction with this Agreement may be public records  defined in Section 119.011(12), F.S. ENGINEER shall keep and maintain public  Florida law, as  records required toj perform the services under this Agreement.  16.2 This Agreement may be unilaterally canceled by the City for refusal by ENGINEER of to all either! provide public records to the City upon request, or to allow inspection and copying  Page 8 of13    records made or received by the ENGINEER in conjunction' with this Agreement and 16.3 IfENGINEER: meets the definition of"contractor" found in Section 119.0701(1)(a), F.S.; individual, partnership, corporation, or business entity that enters into a contract for services [i.e., an with aj public agency and is acting on behalf oft thej public agencyl, then the following requirements 16.3.1 apply: Pursuant to Section 119.0701, F.S., ai request toi inspect or copy public records relating to this Agreement for services must be made directly to the City. If the City does not the requested records, the City shall immediately notify ENGINEER of the request, and possess ENGINEER must provide the records to the City or allow the records to be inspected or copied within at reasonable time. IfENGINEER fails toj provide the public records to the City within a reasonable time, ENGINEER may be subject toj penalties under S. 119.10,F.S.  public disclosure under subject to  and Section 24(a), Article I, Florida Constitution.  Chapter 119,F.S.,  16.3.2 Upon request from the City's custodian of public records, ENGINEER shall provide the City with a copy oft the requested records or allow the records to be inspected or copied within ai reasonable time at a cost that does not exceed the cost provided in Chapter 119,  Florida Statutes, or as otherwise provided by law.  16.3.3 ENGINEER shall identify and ensure that all public records that are exempt or confidential and exempt from public records disclosure requirements are: not disclosed except as authorized by law for the duration of the Agreement term and following completion oft the Agreement ift the ENGINEER does not transfer the records to the City.  16.3.4 Upon completion oft the Agreement, ENGINEER shall transfer, at no cost to City, all public records in possession OfENGINEER or keep and maintain public records required by the City to perform the services under this Agreement. Ifthe ENGINEER transfers all public records tot the City upon completion oft the Agrecment, the ENGINEER shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. Ift the ENGINEER keeps and maintains public records upon completion oft the Agreement, thel ENGINEER shall meet all applicable requirements for retaining public records. All records that are stored electronically: must be provided to City, upon request from the City's custodian ofp public records, in a format that is accessible by and compatibie with thei information  technology systems ofCity.  16.4 IF THE ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ENGINEER'S DUTY TOI PROVIDE PUBLIC RECORDS RELATING TOTHIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS BY1 TELEPHONE AT (863) 452-4403, BY EMAIL. AT cityelerk@avonpark.ce  ORATTHE MAILING ADDRESS BELOW:  CITY CLERK. CITY OF AVON PARK, FLORIDA 110 EAST MAIN STREET AVON PARK, FL 33825  Page 9 of13    below personally covenants with the City that he/she this Agreement and bind Engineer to the  Section 17. The signatory for Engineer has the corporate authority with Engineer to sign provisions ofthis Agreement. Section 18. Exhibits Agreement:  by reference or attached to and made aj part oft this  The following Exhibits are incorporate  "Exhibit A"- "Engineer's Personnel Hourly Rate Schedule."  "Exhibit B"- "Insurance Certificates."  THE REMAINDER OF' THIS PAGE IS INTENTIONALIXIETI BLANK  Page 10 of13    and the Engineer have made and executed this  IN WITNESS WHEREOF, the City Agreement the day and year first above written.  CIYOFAVONPARK  [SEAL]  CITY OF AVON PARK, FLORIDA, LOL  By:  Garrett Anderson, Mayor  ATTEST: Wsllr  APPROVED AS  TOFORM: GeraldT.B Buhr, City Attorney  KIMLEY-HORN AND ASSOCIATES,INC. Wayne White, Vice President  WITNESSES: IN as Ognc Printed Name Bilv - y Em2 Printed Name  Wyy W  MAISEY  Page 11 of13    EXHIBIT. A  ENGINEER'S PERSONNELI HOURLY RATES SCHEDULE  Page 12 of13    EXHIBITA Kimley-Horn and Associates Billing Rates 8-8-2019 City of Avon Park, FL  Classification Analyst Professional Senior Professionall Senior Professional II  Rate Equivalent Classification Title. Examples $100-$130 Engineer Intern, Planner  $140-$175 Professional Engineer, Planner (Certified), Environmental Scientist $175-$245 Project Manager, Senior Engineer, Senior Planner, Senior $235-$275 Project Principal, Senior Project Manager, Chief Engineer, Quality  Environmental Scientist Control Officer  Senior Technical Support Staff $105-$160 Senior Designer, Senior CADD Operator, GIS Technician  Support Staff Technical Support  $80-$100 Admin/Clerial/Sectary $90-$110 Designer, CADD Operator, Design Intern    EXHIBITB  INSURANCE CERTIRICATES  Page 13 of13    Client#: 25320  KIMLHORN  DATE MM/DDMYYY) 8/12/2019  ACORD.  CERTIFICATE OF LIABILITY INSURANCE  THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY. AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: Ift the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. "SUBROGATION IS WAIVED, subject tot the terms and conditions oft the policy, certain policies may require an endorsement. As statement on  REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.  this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s).  PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 INSURED  ONTACT NAME: Jerry Noyola 770-552-4225 eN No,Ext): E-MAIL erymoyoa@gryingcon ADDRESS: INSURERA A: National Union Fire Ins. Co. INSURERB: Aspen American Insurance Company INSURER c: New Hampshire Ins. Co. INSURERD: Lloyds of London INSURERE: INSURERF:  FAX 866-550-4082 (AIC,No):  INSURER(S) AFFORDING COVERAGE  NAIC# 19445 43460 23841 085202  Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601  COVERAGES CERTIFICATE INSRI LTR  CERTIFICATE NUMBER: 19-20  REVISION NUMBER:  THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE  INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIONOF ANY CONTRACT OR OTHER DOCUMENT WITH EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.  TO WHICH THIS RESPECT TERMS, LIMITS $1,000,000  TYPE OFI INSURANCE A XL COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR X Contractual Liab. GENL AGGREGATE LIMIT APPLIESF PER: POLICY X PRO- JECT OTHER: A AUTOMOBILE! LIABILITY ANYA AUTO OWNED AUTOSONLY HIRED AUTOS ONLY X NON-OWNED AUTOS ONLY B UMBRELLAI LIAB X OCCUR EXCESSLIAB OED X RETENTIONSO WORKERS COMPENSATION AND EMPLOYERS LIABILITY A EXCLUDE (Mandatory! in! NH) lfyes, describe under DESCRIPTION OF OPERATIONS below D Professional Liab  ADDLISUBRI INSR WVD  POLICY NUMBER 5268169  POLICYEFE POLICYEXP 04012019/04012020, EACHOCCURRENCE  BAMASES9 I9RENTEO (Ea occurrence) $500,000 MED EXP (Any one person) s25,000 PERSONAL &ADVI INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS- COMP/OP AGG $2,000,000 (Eaa accident) BODILY INJURY (Perp BODILY INJURY (Pera accident) $ PROPERIYDAMAGE (Per accident) AGGREGATE PER  LOC AUTOS SCHEDULED  4489663  94012019/04012020 COMBINED SINGLE LIMIT  $1,000,000 $ person)  CX005FT19 015893685  04012019/041012029 EACHOCCURRENCE 04/01/2019 04/01/2020 X STATUTE 0401/2019/04012020 E.L. EACH ACCIDENT 04/01/2019 04/01/2020 Per Claim $2,000,000  $5,000,000 $5,000,000 OTH- ER s1,000,000  CLAIMS-MADE  (AOS)  N NIA 015893686 (CA)  E.L DISEASE-EAE EMPLOYEE $1,000,000 E.L. DISEASE-POUCYLMIT $1,000,000 Aggregate $2,000,000  80146LDUSA1904949  DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may! bes attached ifmore spacel Is requlired) Re: Continuing Engineering Services. The City is named as an Additional Insured with respects to General&  Automobile Liability where required by written contract.  CERTIFICATE HOLDER  CANCELLATION  City of Avon Park, Florida Risk Manager 110 East Main Street Avon Park, FL 33825  SHOULDA ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.  AUTHORIZED REPRESENTATIVE MANGKy  01988-2015. ACORD CORPORATION. All rights reserved.  ACORD 25 (2016/03) 1_of1 The ACORD name and logo are registered marks of ACORD  #S174699/M1513917  JNOY1    Agenda Item Summary  Date of Action: October 14, 2024  Subject: Community Development Block Grant (CDBG) -N MT039-Amendmentm3  Item No.: C-7  Placed on Agenda by: Public Works Director, Jason Atkinson  Staff Review: Yes Attorney Review:  Recommended Motion(s): Approve Amendment #3 for the Community Development Block  Grant (CDBG) - MT039 Documentation:  Amendment #3  Background: The City of Avon Park, Florida has been awarded Six Hundred Seventy Thousand Six Hundred Twenty-Three Dollars and Zero Cents ($670,623.00) in CDBG-MIT (Community Development Block Grant - Mitigation) funding to overhaul the city's drinking water system, creating one that will ensure safe drinking water standards are met. The City's Water Distribution System is deemed a critical facility as drinking water quality directly impacts the health and safety of the City's population. The mitigation activities consist of installation of two chlorine skids systems and program logic controls at both the Crystal Lake and Glenwood  water treatment plants and add a bore for increased water pressure.  Proposal: Amendment #3 removed the 3-Inch Water Main Replacement Project from the Scope-of-Work. Funding for the project did not decrease, but the Scope-of Work changed.  Financial Impact Summary: CDBG - MT039 is expected to cover the cost of the project. Line items 123-0552-552-64-00 and 123-0552-552-65-11 were created for the project.    Commerce. Agreement Number: MT039  AMENDMENT THREE TOTHE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION PROGRAM (CDBG-MIT) SUBRECIPIENT AGREEMENT  On April 12, 2022, the State of Florida, Department of Commerce ("Commerce"), formerly known as the Florida Department of Economic Opportunity, and the City of Avon Park, Florida ("'Grantee')entered into agreement MT039fPAgreement"). Commerce. and the Subrecipient may individually be referred to herein WHEREAS, Section 5, Modification of Agreement, oft the Agreement provides that any amendment to the WHEREAS the Agreement was previously amended on November 14, 2022; and January 15, 2024  asa" "Party" or collectively as the "Parties".  Agreement shall be in writing executed by the Parties thereto; and  WHEREAS the Parties wish to amend the Agreement as set forth herein.  NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. On July 1, 2023, the Florida Department of Economic Opportunity was renamed to the Florida Department of Commerce. Effective July 1, 2023, all references throughout the Agreement to "Department of Economic Opportunity" or "DEO" are replaced with "Department of Commerce" or  "Commerce" as appropriate.  2. Attachment A, Project Description and Deliverables, is hereby deleted in its entirety and replaced  with the attached:  3. All other terms and conditions oft the Subrecipient Agreement not otherwise amended remain in full  force and effect.  Remainder Left Intentionally Blank N  Page 1 of8  Date revised 7/1/2024    Commerce Agreement Number: MT039  IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and provisions of Commerce Agreement Number MT039, as amended. This Amendment is effective on the  date the last Party signs this Amendment.  CITY OF AVON PARK  FLORIDA DEPARTMENT OF COMMERCE  SIGNED:  SIGNED:  GARRETT ANDERSON MAYOR  J.ALEX KELLY SECRETARY  DATE:  DATE:  Approved as toi form and legal sufficiency, subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL FLORIDA DEPARTMENT OF COMMERCE  By: Approved Date:  Page 2of8  Dater revised 7/1/2024    Commerce. Agreement Number: MT039  Attachment A- Project Description and Deliverables  1. PROGRAM DESCRIPTION: In April 2018, the U.S. Department of Housing and Urban Development HUD)announced the State of Florida, Department of Economic Opportunity (DEO) would receive $633,485,000 ini funding to support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the Benefits to Low-to-Moderate Income (LMI) National Objective. Additional information may be found in the Federal Register, The Florida Department of Economic Opportunity (DEO) has apportioned the Federal Award to include the following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program $20,000,000; General Infrastructure Program $475,000,000; and State This award has been granted under the General Infrastructure Program (GIP). Projects eligible for, but not limited to, funding under this program are infrastructure investments related to the  Vol. 84, No. 169.  Planning and Administration $63,485,000.  following:  Restoration of critical infrastructure  Re-nourishment of protective costal dune systems and state beaches Rehabilitation or construction of stormwater management systems Reconstruction of lift stations and sewage treatment plants Road repair and improvement and bridge strengthening  Building or fortifying buildings that are essential to the health, safety and welfare ofa  community  Improvements to drainage facilities  2. PROJECT DESCRIPTION: The City of Avon Park, Florida has been awarded! Six Hundred Seventy Thousand Six Hundred Twenty-Three Dollars and Zero Cents ($670,623.00) in CDBG-MIT (Community Development Block Grant- -I Mitigation) funding to overhaul the city's drinking water system, creating one that will ensure safe drinking water standards are met. The city's water system is deemed a critical facility as drinking water quality directly impacts the health ands safety This project satisfies the Low-to-Moderate Income (LMI) National Objectives requirements witha  oft the city's population. service area LMI of over 51%.  The City will not have leverage funds on this project.  3. SUBRECIPIENT RESPONSIBILITIES: oft the agreement:  A. Complete and submit the below items to Commerce within thirty (30) calendar days of execution  1. Organizational chart with contact information.  Page 3 of8  Date revised 7/1/2024    Commerce Agreement Number: MT039  2. Job descriptions for Subrecipient's employees, contracted: staff, vendors, and contractors. If staffing changes, there must be as submittal stating the names and job descriptions on the 3. Attachment B, Project Budget - Develop and submit to Commerce a detailed budget for 4. Attachment C, Activity' Work Plan - Develop and submit to Commerce a detailed timeline for implementation consistent with the milestones outlined in the Mitigation Program Should any changes to the organizational chart, Attachment B or Attachment C be deemed necessary, an updated plan must be submitted to Commerce with your monthly report for review B. Develop and submit a copy of the following policies and procedures to the Commerce Grant Manager for review and approval within thirty (30) calendar days of Agreement execution. The Commerce Grant Manager will provide approval in writing prior to the policies and procedures a. Procurement policies and procedures that incorporate 2 CFR: 200.317-327. Administrative financial management policies, which must comply with all applicable HUD Quality assurance and quality control system policies and procedures that complywitha all d. Policies and procedures to detect and prevent fraud, waste and abuse that describe how the subrecipient will verify the accuracy of monitoring policy indicating how and why monitoring is conducted, the frequency of monitoring policy, and which items will be monitored, and procedures for referring instances of fraud, waste and abuse to HUDI IOG Fraud Hotline (phone: 1-800-347-3735 or email hotine@hudoig.goy.  monthly report deadline. implementation of the project.  Guidelines.  and approval by the Commerce Grant Manager.  beingi implemented.  CDBG-MIT and State of Florida rules. applicable HUD CDGB-MIT: and Commerce policies.  C. Attend fraud related training offered by HUD OIG to assist in the proper management of the E. Maintain organized subrecipient agreement files and make them accessible to Commerce or its F. Comply with all terms and conditions of the subrecipient agreement, Mitigation Program Guidelines, Action Plans, Action Plan amendments, and Federal, State, and local laws. G. Provide copies ofa all proposed procurement documents to Commerce ten (10) business days prior top posting as detailed in Attachment D of Subrecipient Agreement. The proposed procurement documents will be reviewed and approved by the Commerce Grant Manager. Should the procurement documents require revisions based on state or federal requirements, Subrecipient will be required to postpone procurement and submit revised documents for review and H. Provide the following information on a quarterly basis within ten (10) calendar days after the end ofe each quarter: Monthly and Quarterly Reports as detailed in Attachment G. Close out report will be due no later than sixty (60) calendar days after this Agreement ends ori is . Subrecipient shall provide pictures to document progress and completion of tasks and final  CDBG-MIT grant funds when available. representatives, upon request.  D. Upload required documents into a system of record provided by Commerce.  approval.  otherwise terminated. project.  Page 4 of8  Date revised 7/1/2024    Commerce Agreement Number: MT039  A. ELIGIBLE TASKS ANDI DELIVERABLES: Deliverable 1- Project Implementation  Tasks that are eligible for reimbursement are as follows:  1. Environmental review administrative activities (Environmental Exemption, Public Notice 2. Develop policies for the Subrecipient to adopt related to special conditions listed in this 4. Prepared list of minority and women business enterprise (MBE/WBE) firms that operate in  Publication(s), etc.). subgrant agreement, 3. Prepared procurement documents, the Subrecipient's: area,  5. Prepared and submitted public notices for publications, 6. Maintained financial records related to project activities on-site,  7. Conducted al Fair Housing activity, 8. Maintain project files, subgrant activities,  9. Attended meetings oft the Subrecipient's local governing body to provide progress reports on 10. Prepared documentation for and attend on-site monitoring visits by Commerce, 12. Prepared and submitted to Commerce detailed monthly and quarterly reports,  11. Prepared financial activity for submission to Commerce, 13. Prepared and submitted to Commerce Section 3 reports,  14. Responded to citizens' complaints,  15. Prepared subgrant modification document for submission to Commerce for review and 16. Prepared responses to monitoring findings and concerns for Subrecipient to submit to 17. Project Closeout, Engineer's Certification of Completion, Grant Closeout Package Completed  approval, Commerce or HUD, and Submitted to Commerce.  B. Deliverable: 2- Engineering Services Subrecipient shall:  1. Procure Florida licensed Archtectura/tngneering (A/E) Services which include coordinating with utility companies to minimize potential relocations, reviewing reports/drawings, etc., of existing 2. Prepare construction contract documents, bidding documents, general and supplementary conditions, technical specifications, and design/working drawings showing extent of project  utilities, and providing geotechnical soil profile results.  reporting at 30%, 60%, 90% design and final.  D Deliverable 3- Construction Subrecipient shall hire Florida licensed contractor to: 1. Install chlorine skids and program logic controls in the Crystal Lake Plant in accordance with  approved design plans.  Page 50 of8  Date revised 7/1/2024    Commerce Agreement Number: MT039  2. Install chlorine skids and program logic controls in the Glenwood Plant in accordance with the  approved design plans. . I DELIVERABLES:  Subrecipient agrees to provide the following services as specified:  Deliverable No. 1-F Program Implementation  Tasks  Minimum Level of Service an minimum of one (1) Project Implementation task on a per completed task basis as detailed in request. Section 4.A, Attachment A-F Project Description and Deliverables; evidenced by invoice(s) noting completed tasks as well as payroll and other supporting documentation, as applicable. Minimum Level of Service ar minimum of one (1) task in Scope of Work, evidenced by submittal of the following documentation: 1) Engineering design, working drawings and associated cost estimates, if applicable. 2) Copies of all required permits, ifapplicable; and 3) Invoice package in accordance with Section 7 of this Scope of Work.  Financial Consequences Failure to complete the Minimum result in non-payment for this deliverable for each payment  Subrecipient shall provide project Subrecipient may request  implementation activities as identified in Section 4.A. of this Scope of Work.  reimbursement upon completion of Level of Service as specified shall  Deliverable No. 1 Cost: $33,531.00 Financial Consequences Failure to complete the Minimum result in non-payment fort this  Deliverable No. 2- Engineering Services  Tasks of Work  Subrecipient shall complete task as Subrecipient may request  detailed in Section 4.B. of this Scope reimbursement upon completion of Level of Service as specified shall  accordance with Section 4.B oft this deliverable for each payment  request.  Deliverable No. 2 Cost: $162,092.00 Financial Consequences  Deliverable No. 3- Construction  Tasks  Minimum Level of Service  Page 6 of8  Dater revised 7/1/2024    Commerce Agreement Number: MT039  Subrecipient shall complete task as Subrecipient may request  Failure to complete the Minimum deliverable for each payment  detailed in Section 4.C of this Scope reimbursement upon completion of Level of Service as specified shall  of Work  activities in accordance with Section result in non-payment for this  4.Coft this Scope of Work in the following increments: 10%, 20%, 30%, 40%, 50%, 60%, 70%, 80%, 90%, and 100%, evidenced by submittal of the following documentation: 1) AIA forms G702 and G703, or similar accepted Commerce form, completed by a licensed professional certifying to the percentage of project completion. 2) Photographs of project in progress and completed; and 3) Invoice package in accordance with Section 7 of this Scope of  request.  Work.  Total Deliverable 3 Cost: $475,000.00  TOTAL PROJECT COST NOT TO EXCEED $670,623.00  COST SHIFTING: The deliverable amounts specified within the Eligible Tasks and Deliverables section 5 tables above are established based on the Parties estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict Commerce's ability to approve and reimburse allowable costs Subrecipient incurred providing the deliverables herein. Prior written approval from Commerce's Grant Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each deliverable total funding amount. Changes that exceed 10% of each deliverable total funding amount will require a formal written amendment request from Subrecipient, as described in Modification section of the Agreement. Regardless, in no event shall Commerce reimburse costs of more than the total amount  of this Agreement.  6. COMMERCE RESPONSIBILITIES:  A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance with the Agreement toi the extent required byl law or deemed necessary be Commerce Review Subrecipient's invoices described herein and process them on at timely basis. D. Commerce shall monitor progress, review reports, conduct site visits, as Commerce determines necessary at Commerce's sole and absolute discretion, and process payments to Subrecipient. Commerce shall reimburse the Subrecipient in accordance with Section 5, above. In accordance with the Funding Requirements of S. 215.971(1), F.S. and Section (20) of this Agreement, the Subrecipient andi its subcontractors may only expend funding under this Agreement forallowable  ini its discretion.  B. Assign a Grant Manager as a point of contact for Subrecipient.  7. INVOICE SUBMITTAL:  Page 7of8  Date revised 7/1/2024    Commerce Agreement Number: MT039  costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures ittps//www.myflridacto.com/docs-sf/arcounting-andauditing.lting-libraries/state- A. Subrecipient shall provide one invoice per month for services rendered during the applicable period of time as defined in the deliverable table. In any month no deliverable has been completed, the subrecipient will provide notice that no invoicing will be submitted. B. The following documents shall be submitted with the itemized invoice: 1. Acover letter signed by Subrecipient's Agreement Manager certifying that the costs being claimed ini the invoice package: (1) are specifically fort the project represented to the State int the budgetappropriation; (2) aret for one or more oft the components: as statedi in Section 5, DELIVERABLES, oft this SCOPEC OF WORK; (3) have been paid; and (4) werei incurred during 2. Subrecipient's invoices shall include the date, period in which work was performed, 3. Ac certification by a licensed professional using AIA forms G702 and G703, or their substantive equivalents, certifying that the projet,oraquantifiabie portion oft the project,  agencles/reterencestateesxpendtures.pdh.  this Agreement.  amount of reimbursement, and work completed to date. isc complete. Include if applicable to your program. 4. Photographs of the project in progress and completed work. 5. Ac copy of all supporting documentation for vendor payments; and  6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this C.Ift the Subrecipient is a county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., the payment of submitted invoices may be issued for verified and eligible performance that has been completed in accordance with the terms and conditions set forth in this Agreement to the extent that federal or state law, rule, or other regulations allows such payments. Upon meeting either of the criteria set forth below, the subrecipient may electi in writing to exercise this provision. 1. Ad county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., that demonstrates financial hardship; or 2. Ad county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., and which is located in a fiscally constrained county, as defined in section 218.67(1), F.S. If the Subrecipient meets the criteria set forthi ini this paragraph, thenthe Subrecipient is deemedt to have demonstrated  Agreement.  financial hardship.  D. The Subrecipient's invoice and all documentation necessary to support payment requests must be submitted into Commerce's Subrecipient Management Reporting Application (SERA). Further instruction on SERA invoicing and reporting, along with a copy of the invoice template, will be  provided upon execution of the agreement.  Page 8 of8  Date revised 7/1/2024    Agenda Item Summary  Date of Action: October 14, 2024  Subject: Signatures on all City Bank Accounts  Item No.: C-8  Placed on Agenda by: Melody Sauerhafer, Finance Director  Staff Review: Yes Attorney Review: No  Recommended Motion(s): Remove Mark Schrader and add Danielle Kelly to all City Bank  Accounts at SouthState Bank, Florida Prime and Truist.  Documentation: N/A Background:    Agenda Item Summary  Date of Action: October 14, 2024  Subject: Water & Sewer Ordinance Revisions  Item No.: D-9  Placed on Agenda by: Jason W. Atkinson, Public Works Director  Staff Review: Yes Attorney Review:  Recommended Motion(s): Approve Water and Sewer Ordinance Revisions  Documentation:  Ordinance Revision - Sec. 98.77- Usage Rates - Water Ordinance Revision - Sec. 98.76 - Capacity Fees - Water Ordinance Revision - Sec. 98.74-T Tap and Meter Fees- Water Ordinance Revision - Sec. 98.238 - Usage Rates - Sewer Ordinance Revision - Sec. 98.236 - Capacity Fees- Sewer  Ordinance Revision - Sec. 98.241 - Special Agreements; Normal Domestic Sewer  Characteristics  Background: The City has a Water & Sewer Enterprise Fund. The Fund is as self-sustaining cost center utilized to fund the obligations of administration, operations, capital improvement projects, and other direct and indirect costs. The Water & Sewer Fund has been supplemented with grants from the State to assist with large capital projects. Projects that do not receive grant funding are debited from the Fund to maintain a functioning water distribution system and FY 24/25 has several projects that have been approved to be debited from the Water & Sewer Fund Reserve. These are capital repairs that will extend the life of City assets and will enhance the City's abilities to meet State regulatory compliance requirements. The Public Works Department is working diligently to secure additional grant funding for these projects. Water & Sewer Budget Workshops were held on two separate occasions. At the first workshop an analysis of currently adopted fees was presented along with staff recommendations for new proposed fees. At the second workshop, additional fee modifications were discussed with Council and a consensus was reached to move forward with adopting the proposed fees as part of the FY: 24/25 budget. Itshould be noted that staff adjusted the rate of Pre-Treated Industrial Waste from $0.11 per gallon to $.07 per gallon. This adjustment is based on collaboration with  wastewater collection system.  current industrial customers.    Water & Sewer rates have not been adjusted since 2015. Avon Park has the lowest rates in the area, and the City needs to adjust its rates to upgrade the utility, provide quality utility services, and meet future growth needs with a sustainable operating Water & Sewer Fund.  Summary: The submitted Ordinance revisions were presented to Council at the Water &  Sewer Budget Workshops. The following fees will be modified:  Water: Usage Rates, Capacity Fees, and Tap and Meter Fees Sewer: Usage Rates, Capacity Fees, Septage Receiving Fees  Financial Impact: Potential revenue Increases are as follows:  Water rates - $100,000 Sewage rates - $373,000 Septage receiving rates - $1,020,000  Impact fees overall -$400,000 (estimated based on proposed construction agreements)    ORDINANCE NO. 12-2024  AN ORDINANCE OF THE CITY OF AVON PARKI FLORIDA, PROVIDING FOR ADOPTION OF CODE CHANGES TO CODE SECTION 98-76 TO INCREASE POTABLE WATER FACILITY CAPACITY FEES; PROVIDING FOR ADOPTION OF CODE CHANGES TO SECTION 98-77 OF THE AVON PARK CODE OF ORDINANCES CORRECTING GRAMMATICAL ERRORS, INCREASING POTABLE WATER CUSTOMER USAGE RATES AND ADDING FIRE PROTECTION WATER CUSTOMER USAGE RATES BASED ON FIRE LINE SIZE; PROVIDING FOR ADOPTION OF CODE CHANGES TO SECTION 98- 238 OF THE AVON PARK CODE OF ORDINANCES INCREASING WASTEWATER CUSTOMER USAGE RATES AND RESTRUCTURING WASTEW/ATER RATES; PROVIDING FOR CODIFICATION AND REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS; PROVIDING FOR SEVERABILITY, SCRIVENER'S ERRORS, AND PROVIDING AN  EFFECTIVE DATE.  WHEREAS, increased expenses associated with inflation and general increases in costs of materials, WHEREAS, the utilities staff has considered the need for the increases provided herein based on the WHEREAS, the statutory notice requirements for increases in rates and charges has been complid with NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF AVON PARK, FLORIDA, AS SECTION 1. AMENDMENT OF SECTION 98-4 "INDEXING OF CAPACITY FEES" TO INCLUDE WATER AND The following shows the amendments to section 98-4 of the Avon Park Code of Ordinances to allow  supplies and labor have required modest increases in utility rates and charges; and  previous Florida Rural Water Association rates studies; and  prior to passage of this Ordinance.  FOLLOWS:  WASTEWATER RATES.  indexing of potable water, wastewater and fire service water usage rates. Sec. 98-4. Indexing of capacity fees, water, wastewater, and fire service usage rates.  (a) Each year, the Florida Public Service Commission ("PSC") establishes a price index by March 31, using a comparison of the U.S. Department of Commerce's average Gross Domestic Product Implicit Price Deflator Index for the preceding two years. The index is used to help decrease the number and costs associated with rate studies to establish fair and reasonable rates. Each year the director of public works shall obtain that year's annual PSC price indexing factor, calculate a rate increase for water and wastewater capacity fees, potable water, wastewater, and fire service usage rates based on that indexing factor, and propose an ordinance for the council to consider increasing such capacity fees, and: (1) Notify the city clerk to comply with F.S. S 180.136 as to notice in utility bills of council meetings considering the increase in addition to the notice required for ordinance passage, with such notice explaining that such fees are for new homes and structures or largely expanded commercial  structures, and not existing homes or structures; and  Page 1of7    (2) The director will not apply indexes that would decrease the capacity fees unless such decreases are (b) A price index increase shall not limit or restrict any and all other lawful forms of rate increases by  sO significant as to make the existing fees unlawful.  the cityi in any given year.  SECTION:2. AMENDMENT OF CODE SECTION 98-76 "WATER CAPACITY FEES."  The following shows the amendments to section 98-76 of the Avon Park Code of Ordinances increasing  potable water facility capacity fees: Sec. 98-76. Water capacity fees. Size of meter (inches) Xx5" 1" 1%" 2" 3" 4" 6"  Capacity fee inside city $1,885 $2,475 $4,875 $7,875 $14,700 $24,525 $48,975  Capacity fee outside city $2,262 $2,970 $5,850 $9,450 $17,640 $29,430 $48,975  Residential flows based on single-family home of three or less bedrooms. Commercial flows based on capacity rating of meter. These calculationsreflect minimum charges, ande either residential or commercial uses may be adjusted upward based on the fees for % x 5 meter for a residence with the city's average three-bedrooms equaling one equivalent residentialconnection ("ERCé)and use oft the chart ins subsection 98-236(2)(a) of this Code or engineering calculations, whichever the city deems appropriate, ifi int the city manager's opinion based on engineering advice, or other available data flows at a given may exceed the  estimates int the table above. (a) One ERC shall be 250 gallons per day.  (b) Capacity fees by meter size stated above shall be the minimum fee, however, at the option of the director of public works, when circumstances of customer use or potential use warrant it, capacity fees may be calculated at $1,885 per ERC based on projected usage of businesses established in Table 1, rule 64E-6.008 Florida Administrative Code; or, the firmly established history of average daily water usage for the most recent 12-month period; or, the city engineer's estimates based on engineering data; or, historical use at a similar facility, whichever is likely to be closest to the actual additional system demand SECTION 3. AMENDMENT OF CODE SECTION 98-77 "USAGE RATES" FOR POTABLE WATER AND FIRE The following shows the amendments to section 98-77 of the Avon Park Code of Ordinances correcting grammatical errors, increasing potable water customer usage rates and adding fire protection water  int the opinion oft the director of public works. PROTECTION WATER SERVICES.  customer usage rates based on fire line size: Sec. 98-77. - Usage rates.  Page 2of7    (a) Residential service.  (1) The monthly rates for residential water service shall remain as stipulated in Exhibit A to this (2) The minimum bill for all residential premises located within the city shall be the base rate for residential inside the city as stipulatedi in Exhibit At tot this article. The minimum bill for residential premises located outside the city shall be the base rate for residential premises outside the city (3) For those water utility customers choosing to pay with automatic electronic payments, automated clearing house ("ACH") established with the city, there shall be a $1.00 per month  article.  as stipulated in Exhibit A1 to this article.  reduction ini the base rate for water.  (b) Commercial, premises.  (1) The monthly rates for water service to commercial premises shall be increased 30 percent as (2) The minimum bill for commercial premises located inside the city shall be the base rate for commercial premises inside the city as stipulated in Exhibit At toi this article. The minimum bill for commercial premises located outside the city shall be the base rate for commercial premises (3)The charge for water for fire protection shall be $0.15, pers sprinkler head per month for alle existing connections prior to October 1st, 2024. All new fire protection connections must pay the fees  described in Exhibit A1 to this article:  outside the city as stipulated in Exhibit A1 to this article.  described in Exhibit B.  (c) The monthly rates for water service to be used exclusively for irrigation purposes and which use is separately metered shall be charged at the regular usage rate for the class of customer using the water  fori irrigation.  (g) At formal review oft the water rate: schedule will be accomplished at ani interval not to exceed five years to ascertain if the yearly rate increases allowed by subsection (f) have adequately funded increases in  operating costs. (h) Each year after the  Exhibit A Monthly' Water Usage Rates  FY2024-25  Page 3of7    5%inc. 13.57 3.24 3.307 3.36 3.41 16.86 4.00 4.06 4.137 4.22 15.65 19.39 3.24 3.307 3.36 3.41 19.467 24.24 4.00 4.06 4.137 4.22  Residential inside the city! base rate (first 3,000 gallons) Cost per thousand gallons over 3,000: 4,000 to 6,000 gallons 7,0001 to 9,000 gallons 10,0001 to 12,000 gallons Over 12,000 gallons Residential outside of city base rate (first 3,000 gallons) Cost per thousand gallons over 3,000: 4,0001 to 6,000 gallons 7,000 to 9,000 gallons 10,000 to 12,000 gallons Over 12,000 gallons X inch meter Larger than % inch meter Cost per thousand gallons over 3,000: 4,000 to 6,000 gallons 7,000 to 9,000 gallons 10,0001 to 12,000 gallons Over 12,000 gallons Xi inch meter Larger then % inch meter Cost per thousand gallons over 3,000: 4,0001 to 6,000 gallons 7,000 to 9,000 gallons 10,0001 to 12,000 gallons Over 12,000 gallons  Commercial inside of city base rate (first 3,000 gallons):  Commercial outside of city base rate (first 3,000 gallons):  Exhibit B  Fire Protection Fees Rates Expand Fire Protection Feeslunmetered)- Fees Per Size  Line Size  2"  3"  4"  6"  8"  Fees $2,040 $2.565 $8,222 $18,270 $24.000  Page 4 of7    SECTION 4. AMENDMENT OF CODE SECTION 98-238 "USAGE RATES" FOR WASTEWATER CUSTOMERS The following shows the amendments to section 98-238 of the Avon Park Code of Ordinances increasing  wastewater customer usage rates and restructuring wastewater rates.  Sec. 98-238. Usage rates.  (a) There is hereby established a uniform schedule of rates and other charges for the use or reasonable availability for use of the services and facilities of the municipal sanitary sewer system by each residence, business establishment, public building or other type of private building producing (1) Single-family residence, two-family (duplex) residence, three-family (triplex) residence: $25.50  domestic sewage and/or wastewater as follows:  per month (base charge - includes 3,000 gallons).  (2) Commercial- 34": $31.20 per month base rate includes 3,000 gallons, plus $6.30 per: 1,000 gallons (3)Commercial- -1"a andl larger: $40.30( (base rate includes 3,000 gallons), plus $6.30 per1,000 gallons  over 3,000 gallons. over 3,000 gallons.  (d) Where a single water meter serves one large customer such as subdivisions, apartments, condominiums, or an industrial complex ("master water meter"), the master water meter will be the source of monthly meter readings for billing purposes as with the billing from master water meters.  (1) Base rate, 1st 3,000 gallons$40.30 (2) 1st tier 4k-6k gallons$3.81/k (3) 2nd tier 7k-9k gallons$3.87/k (4) 3rd tier 10k-12k gallons$3.94/k (5) 4th1 tier over 12k gallons$4.02/K  (6) For all utility customers outside the city limits, apply 1.25xs surcharge.  SECTION! 5. CODIFICATION.  The provisions ofthis Ordinance shall become and be made part of the Code of the City. The sections of this Ordinance may be renumbered or re-lettered to accomplish such intention, and the word l"ordinance"  may be changed to' "section," "article," or other appropriate word, etc. SECTION 6. REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS.  Page 5 of7    AIIC City codes, ordinances and resolutions or parts of codes, ordinances and resolutions or portions thereof in conflict with the provisions ofthis Ordinance are hereby repealed to the extent of such conflict. Ifany section, sentence, clause, part, or provision of this Ordinance is held to be invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby but shall remain in  SECTION7. SEVERABILITY. full force and effect. SECTION8. SCRIVENER'S ERROR.  The correction of typographical errors which do not affect the intent of the ordinance may be authorized  by the City Clerk or the Clerk's designee, without public hearing. SECTION9. REQUIRED STATUTORY NOTICE.  The City has complied with section 180.136 of the Florida Statutes by providing notice on its utility bills of the date, time, and place of the City Council meetings where these rate increases were considered.  SECTION 10. EFFECTIVE DATE.  This Ordinance shall be effective immediately upon passage.  This Ordinance was read for the first time at the regular special session of the City Council  held on  20  The vote was as follows: Yes No Abstain Absent  Mayor Anderson Deputy Mayor Barnard Councilmember Mercure Councilmember McGuire Councilmember Taylor On the hearing, and the vote was: Mayor Anderson Deputy Mayor Barnard Councilmember Mercure Councilmember McGuire Councilmember Taylor  D D D 0 D D D D D D 20  D D D D D  D D D D D  day of  the Ordinance was read for the second time at a public  Yes No Abstain Absent  D D 0 0 D D 0 D D D  D D D 0 D  D D D 0 D  (Seal)  ATTEST:  CITY OF AVON PARK, FLORIDA  By:  By: Page 60 of7    Christian Hardman, City Clerk APPROVED ASTOE FORM: Gerald Buhr, City Attorney  Garrett Anderson, Mayor  Page 7 of7    Sec. 98-74.- Tapa and meter fees.  (a)7 The directore ofp publieworks Public Works Director-will evaluater requests for news service connections and determine whether the city will provide tap and/or meter assembly, or whether the cityy willr require the applicant tor retain properly licensed contractors to dot the work, excluding thei installation oft the meter onto ther meter assembly, whichi installation shall only be done by city personnel after all required work and inspections have occurreda and fees have been paid. Ifc outside contractors are used, applicants shall require that the contractors arrangef for the properi inspections oft their work by city staff or citye engineer, and the applicant shall place an adequate deposit approved by the city manager. (b)T The cityr manager shall establish service rates for inspections and re-inspections by city staff, and the cost oft the meter and installation oft the meter. Contract city engineers shall be  billedt tot the applicant at cost. Size of meter (inches) 34x5" 1 14 2: 3: 4" 6" 3"  Meteri installation inside city Meteri installation outside city  $980.00$800 1,650.0051.175 3,250.00.53.000 5,250.00.$3.300 installation by contractor) installation by contractor) installation by contractor bycontracton)  $1,225.0051,000 2,062.50.51.468.75 4,962.50.93.750 6,562.50$4.125 installation by contractor) installation by contractor) installation by contractor) by contractor)  9,899.00.52.785 (meter only, 12,250.00 $3.481.25 (meter only, 6,500053130meter. only, 0437505391250mete. only.  32,650.00 $5.070 (meter only, 40,812.0056.337501 (meter only Formatted1 Table $7.905(meter only, installation $9.881.25/ (meter onlyi installation    Sec. 98-241. Special agreements; normal domestic sewage characteristics.  (a) Nothing ini this division shall restrict the city council's authority to modify sewer charges, upon the approval of the city's professional engineers, by special contractual agreement to serve institutional, commercial or industrial users connected to the sewer system whose regular water consumption, upon which the sewer service charge would normally be based, (b) By special contractual agreement, the city council may reduce its sewer service charges to users connected to the sewer system contributing industrial wastes abnormally below strength in comparison with normal domestic sewage. Similarly, the council may impose a surcharge above scheduled rates set forth in this division for industrial waste discharges into the municipal sanitary sewer system which are abnormally high in strength in comparison with normal domestic sewage. Such rate reduction or surcharge may! be effected regardless of the daily or monthly volume of such wastes, with the approval of the city's consulting  exceeds ori is expected to exceed 200,000 gallons monthly.  engineers.  (c) By special contractual agreement, the city council may establish special rates and charges for special wastes brought into the wastewater treatment plant or periodic discharged at agreed locations within the system, including without limitation, septage, wastewater treatment residuals, sludge, grease, grit, wastewater treatment plant effluent, raw: sewage. The city council hereby establishes the initial base rate$.06$ $.15p per gallon for common residential septage and other wastes not anticipated to substantially exceed the biochemical oxygen demand or total suspended solids of residential septage. The fee for pre-treated industrial waste shall be $.11-$.07 per gallon. The fee for secondary sludge shall be $.13 pers gallon.A penalty of $.22 per gallon shall be assessed for any disposal exceeding the maximum contaminant level (MCL). The city council may, by resolution, amend such base rate based on advice of a professional engineer as to the estimated cost of treatment and disposal of such wastes. The rates and charges may take into consideration the relevant strength of the wastes; the difficulty in treatment; special handling, inspections and testing; risk to treatment system; and professional engineer consultation utilized. The rates and charges shall be established by  city staff with the advice of a professional engineer.    Sec. 98-236. - Capacity fees. (a) Method of computing capacityfees.  (1)Capacity fees calculated on a per ERC basis shall be computed using the data contained in Table 1, rule 64E-6.008 Florida Administrative Code as detailed below, with one ERC equaling 250 gallons per day. Uses not precisely fitting the uses suggested under Table 1, rule 64E- 6.008 Florida Administrative Code, may be calculated by the director of public works. (2) The wastewater capacity fee shall be in an amount of $1,250.9053.005 per ERC.  Sewer Capacity Fees (Residential 3E ERC)  Inside City $1,250 $3,005  Outside City $1,562.50 $3,606  3bedroom Home:    Sec. 98-238.- - Usage rates.  (a) There is hereby established a uniform schedule of rates and other charges for the use or reasonable availability for use of the services and facilities of the municipal sanitary sewer system by each residence, business establishment, public building or other type of private (1)Single-family residence.two-famil/dupearesdence.thiree-amlytriplexresidence: $28.00.525.50-per month (flatbase chargei includes 3,000 gallons). pluss6.00per1.00. gallons after 3.000g gallons.nsidethecH/Im$3500permotAatcaarge/ouisidetne  building producing domestic sewage and/or wastewater as follows:  city-limits  2we-famiydupewOFtAree-amyPewresdence-Ategrai-structure: Separately-meteredand-bHed-oFwaterservePVce,CacAURES28.90peFmOnth-atenarge) Aside-theciynEP-aECAatcnarge/ouisidetne-ciy-mS. .Wth-asinglewatermeterandwo-FthreeunsS28.00permonth atenargel-ASIdene-CIyFFROREPAECAArge/ousdetneciy-ms. DExeeptas-provdeG-P-G/9eLow/sewerservcervicechargesto-oto9tnerestabHSAFentS-SAase baseduponwaterconSUmPHOADWEMAAIREIO1OwAgSP5PeciedAmUm-monthlycharges: -RERE8-BEEOAROGGHORS-ReHGIS-MAamiy/residences,aPaFtmenEnouses,Fooming Aouses,ete.,"P-exekcessOFtnree--MAgUAiS-motels,notelsandtralerparS,128.00-miPiUR OF125-percenterOREAYwaterbig-WAeheverisgreaterinsetheciy/imitS,$35.00 IUOF125-percentOFReRE-OREAY-water9H-Pg-WANeneVeris-greater. (2)6 Cless-Ceommerciolk-IncheCeranncommerchalesabishmeRtsandpublicbuidings: cludinglaundries.ts,dadeaningpnis,SoHingPlaIS.SNs: HPIES,ClubS,cOmuntycenters-and-recreateation-buidings: $31.20.40.30 per month (minimum base rate includes 3,000 gallons) OF125percente:EREOFIAEORENywaterDHPg-WPienevers 6C1855-FCOPAReRAReFeBPOIAEPCOestabHShentsandpuDHcandPrNvate-Duidings, ncludingoffices.res-retalisales,senvcervcestalons-grages-churches.ch.buidings, warenouses,ete.0OMAIRUOF125PercentOFREROAEAYwaterDIPg-whichevers greaterinside-theneciymS,S35.00iimum.ercenteREOFIhemORthly-waterbiing: WhicheverisgreaterCommertal-l-inchandgreater: 54030/baserateincludes3.000 werea-singewatermeterserserves-wo-OFmre-customersa5Set'OPAaDove,the-sewer service-chargesn3DethesURERAtOP-OFMEIAG:cablerates9r125-percentefthe  greaterplus $6.30 per 1,000g gallons.  alonsDlS5630Peri.000galons.  menthly-waterbHg-WAcheveristhegreater.    (d) Where a single wastewater meter serves one large customer such as subdivisions, apartments, condominiums, or an industrial complex ("master wastewater meter"), the master wastewater meter will be the source of monthly meter readings for billing purposes as  with the billing from master water meters. 3aserate,1s:3,000aH0n5-m54030 2-1stier4K-6kgalonS-ms3.8HK 32ndter7k-9kgalon5-s3.S7K 434d-er10k-124ga0n5-ms3.4 54herover12424931OAS-m402A  6)-ForallusiliycusteIstomeIsoVEdetnecig/miS,aPPH  urcharge.    Sec. 98-76.- -Water capacity fees Size of meter (inches) 3x5" 1 1 2 3 4 6  Capacity feei inside city $980.00 $1.885 1,650.00.52.475 3,250.00.$4.875 5,250:00.57,875 9,800:00.$14.700 16,350.00: $24,525 32,650.00: $48,975  Capacity fee outside city $1,225.00 $2,262 2,062.50 $2.970 4,062.50 $5.850 6,562.50 $9,450 12,250.00: $17,640 20,437.50: $29,430 40,812.00 $58,770  Residential flows based on single-family home oft three or less bedrooms. Commercial flows based on capacity rating of meter. These calculations reflect minimum charges, and either residential or commercial uses may! be adjusted upward based ont the fees for 34x S6 meter fora residence with the city's averaget three-Dedrooms equaling one equivalent residential connection ("ERC") and use oft the chart ins subsection 98-236(2)(a) oft this Code or engineering calculations, whichever the city deems appropriate, ifin the city manager's opinion based one engineering advice, or other available data flows ata a given may exceed the estimates int the table above. (b) Capacity fees by meter size stated above shall be the minimum fee, however, att the option oft the director of public works, when circumstances of customer use or potential use warrant it, capacity fees may be calculated at $980.0051.885 per ERCI based on projected usage of businesses established inl Table 1,rule 64E-6.008 Florida Administrative Code; or, the firmly established history of average daily water usage for the most recent 12-month period; or, the city engineer's estimates based on engineering data; or, historical use ata similar facility, whichever isl likely to be closest to the actual additional system demand in the opinion of the  (a) One ERC: shall be 250 gallons per day.  Formatted: incro, Space After. Opt  director of public works.    Sec. 98-77.- Usage rates. (a) Residentialservice. this article.  (1)7 The monthly rates for residential water services shall remain as stipulated in ExhibitA A1 to (2) Ther minimum bill for all residential premises located within the city shall be the! base rate for residential insidet the city as stipulatedi in Exhibit Atot this article. The minimum billf for residential premises located outside the city shall bet the base rate for residential outside the (3) For those water utility customers choosingt to pay with automatic electronic payments, automated clearing house( ("ACH") established with the city, there shall be af $1.00 per month  citya as stipulated in Exhibit A1 tot this article. reduction! in the base rate forv water. (b) Commercial, premises. as stipulated in Exhibit Atot this article:  (1)Ther monthly rates for water: servicet to commercial premises shall bei increased: 30 percent (2)T The minimum bill for commercial premises located insidet the city shall bet thel base rate for commercial insidet the city as stipulated in Exhibit Atot this article. The minimum billf for commercial premises located outsidet the citys shall be the base rate for commercial outside (3) The charge for water for fire protection shall be $0.15 pers sprinkler head per monthi for all existing connections prior to October 15.2024. Allr new Fire Protection connections mustpay (c) The monthly rates for water service tol be used exclusively for irrigation purposes and which usei iss separately metered shalll be charged att the regular usage rate for the class of sARya forwatersenvicetos mobile omepiAsamsapataas complexes located- insidet -------ey.r -wwtNw4..--.-S dwda- saep--www---dR.yA 0ogaonsherese,.hyNaseRSAdaFSpuaS  the city as stipulatedi in Exhibit A1 tot this article.  Formatted: Superscript  the fees in Exhibit B.  customer usingt the water for irrigation.  AEAADEAIDINSARE hemAmum-GRINyaeiGaFsew RedyaRGuaRgAmae: meter residential  AEPeGNSeNSA pygRebaseRG AneiPRGRCNA  stipulated-    GBHAURbAEduRI-PaERGHARARAREENHAAUsENerio3p0gaonspe: momhimes/SpercentoRHaamedumerwyiQAenstherser-he usershalpaytheratelorrasdentaiousiselhediyasstpuisiedinEsNbEAtothisaride. RemARUREORINFAGMASANNSepakslsadwside the yadangamseasHResampesA aAEee available by-$1.554 per month. To this minimum fee shall be addedachargef for the amount of water used- which-shall be computed at the commercial Fate outside the city-ass stipulated in (g) Af formal review of the water rate schedule will be accomplished at ani interval not to exceed fivey years to ascertain ifthey yearly rate increases allowed by subsection () have (h) All future water and wastewater utility rate increases may be passed bys separate resolution of the commission rather than by amendment oft this article. Step increases may be accomplished through one resolution describing the effective date ofe each step's implementation, and the new rate schedule tol be implemented with each step.  Exhibit Ato-this-article.  adequately fundedi increases in operating costs.    ExhibitA  Monthly' Water/Sewer Usage Rates Expand  FY-2009-101 FY2024-25 30%inc: 5% inc. 12.9213.57 3.09:3.24 3.153.307 3.23.36 3.253.41 16.06 16.86 3.81:4.00 3.874.06 3.944.137 4.024.22 44.94.15.65 48.4719.39 3.093.24 3.153.307 3.23.36 3.253.41 48.54.19.467 23.09.24.24 3.814.00 3.874.06 3.944.137 4.024.22  Residential insidet the city! base rate (first 3,000 gallons) Cost pert thousand gallons over 3,000: 4,000t to 6,000g gallons 7,000t to 9,000g gallons 10,000t to 12,000g gallons Over 12,000 gallons Residential outside of city base rate (first: 3,000 gallons) Cost per thousand gallons over 3,000: 4,000t to 6,000g gallons 7,000t to 9,000g gallons 10,000t to 12,000 gallons Over 12,000 gallons Commercial inside of city base rate (first 3,000 gallons): 34i inch meter Larger than 34i inch meter Cost per thousand gallons over 3,000: 4,000t to 6,000g gallons 7,000t to 9,000 gallons 10,0001 to 12,000 gallons Over 12,000 gallons Commercial outside ofc city base rate (first 3,000 gallons): %4i inch meter Largert then 34i inchr meter Cost per thousand gallons over 3,000: 4,000t to 6,000 gallons 7,0001 to 9,000 gallons 10,000t to 12,000 gallons Over 12,000 gallons  Formatted: Default Paragraph Font  Formatted: Default Paragraph Font    ExhibitB Fire Protection Fees Rates Expand Fire Protection Feeslunmetered)- Fees Per Size Line 2: 3" 4" 6" Fees $2.040 $2.565 $8.222 $18.270 $24.000  Formatted Table  8"  Size    Agenda Item Summary  Date of Action: October 14, 2024  Subject: Solid Waste Ordinance Revisions with Rate Increases  Item No.: D-10  Placed on Agenda by: Jason W. Atkinson, Public Works Director  Staff Review: Yes Attorney Review:  Recommended Motion(s): Approve Ordinance No. 13-2024 Revising Solid Waste Rates and  operations. Documentation:  Solid Waste Budget Workshop PowerPoint Presentation  Background: The City has a Solid Waste Enterprise Fund. The Fundisaselfsustaining cost center utilized toi fund the obligations sofadministration, operations, communltyimformation, and other direct and indirect costs. The Fund operated in a negative balance for FY 23/24. Shortages in the Fund required transfers from the General Fund to cover expenses. The fiscal challenges are directly related to expenses being more than revenues over the past three fiscal years. The current Solid Waste Ordinance requires that the methods and rates for Solid Waste Collection be analyzed on an annual basis. The City Council requested the Publics Works Director assess the Solid Waste Collection operation. On August 26, 2024, a Solid Waste Budget Workshop was conducted where the findings of the assessment were presented to the Council. The Council agreed with staff's recommendations for collection and fee increases. The budget for Solid Waste was approved for FY 24/25 and was constructed utilizing the Summary: Ordinance No. 13-2024 operational modifications and rate increases are designed to Financial Impact: The proposed rate increases are expected to increase the revenue of the Solid  proposed rate increases identified in this Solid Waste Ordinance. enhance collection efforts and provide better services to customers. Waste Enterprise Fund by approximately $560,000 per year.    ORDINANCE NO. 13-2024  AN ORDINANCE OF THE CITY OF AVON PARK, FLORIDA PROVIDING FOR AMENDMENTS TO THE CITY'S SOLID WASTE COLLECTION PROGRAM, INCLUDING PROVIDING FOR AMENDMENTS TO SECTION 82-31 "DEFINITIONS'; PROVIDING FOR AMENDMENTS TO SECTION 82-33 "COLLECTION BY CITY"TO MODIFY RATES, PROCEDURES AND REQUIREMENTS FOR SOLID WASTE SERVICE BY THE CITY; PROVIDING FOR AMENDMENTSTO SECTION 82-34 "PREPARATION AND PLACEMENT OF MATERIALS TO BE COLLECTED" TO AMEND AND CLARIFY PROCEDURES REQUIRED OF CUSTOMERS IN ORDER TO OBTAIN PICKUP OF SOLID WASTE; PROVIDING FOR AMENDMENISTOSTOSECTION82-37 "SERVICE CHARGES, ADMINISTRATIVE RULES, RATES'TOMODIFY COMMERCIAL SERVICE RATES INCLUDING INCREASES TO COMMERCIAL DUMPSTER RATES; PROVIDING FOR CODIFICATION, REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR SCRIVENOR'S ERRORS; AND  PROVIDING AN EFFECTIVE DATE.  WHEREAS, solid waste collection and management is becoming more complex and expensive as inflation has an impact on solid waste collection as with most other areas of the economy; and, WHEREAS, the City has considered such impacts associated with its solid waste collection and provided for changes in this Ordinance, along with other changes to the City Code that reflect THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVON PARK, FLORIDA AS SECTION 1. TITLE. This Ordinance shall be referred to as the "2022 Solid Waste Ordinance". SECTION 2. Amendments to Solid Waste Code are shown as strikethrough for removal, and  the actual or necessary collection practices and procedures of the City.  FOLLOWS:  underline and redline for additions as follows:  Sec. 82-31. Definitions. a different meaning:  The following words, terms and phrases, when used int this article, shall have the meanings ascribed to them ini this section, except where defined differently in F.S. ch. 403, as may be amended or where the context clearly indicates Automated garbage collection means the system where an operator activates a mechanical arm on the side of the Bulk waste means any household wastes that do not fit within the garbage carts, and household items such as couches, chairs, coffee tables, bed frames, rolled-up carpet, old toilets and more, that are tool large to fit in the  collection vehiclet to lift and empty standardized collection carts.  Page 1 of7    provided cart. Extra garbage bags are not considered bulk waste. There is at four (4) cubic yard maximum. This Bulk) yard materials means tree trimmings larger than fivei inches in diameter or greater than five feet in length. Commercial establishment means a property or properties zoned or used for commercial or industrial uses or used by an entity exempt from taxation under section! 501(c)(3) of thel Internal Revenue Code, and excludes property or Compactor container means ar mechanical hydraulic or electrical machine designed and used specifically for compacting refuse or recyclables andi is used for the storage, collection, and transport of solid waste for a Construction and demolition debris means discarded materials generally considered tol be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of as structure as part of a construction or demolition project or from the renovation ofa a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at as site remote fromt the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause the resulting mixture to be classified as other than construction and demolition debris. Thet term also includes: (a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; (b)) Yardt trash (not yard debris or bulk yard materials) and unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition projects; (c) Scrap from manufacturing facilities whichi is thet type of material generally usedi in construction projects and which would meett the definition of construction and demolition debris ifi it were generated as part ofa construction or demolition project. This includes debris from the construction of manufactured homes and scrap: shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities; and (d) Der minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices oft the industry. Curbside means area fronting the customer's property (a) no more than six feet from the curb or edge ofp pavement of road, (b) at least three feet between each garbage cart and any other container or other object such as a vehicle, fence, fire hydrant, or mailbox; and (c) not under power lines, by power poles, or on top of water meters. Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous wastei into or upon anyl land or water so thats such solid waste or hazardous waste or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters, includingg groundwater, or Dumpster means al large metal box used for storage of garbage, usually two to eight cubic yards in size thati is lifted and emptied mechanically byt trucks, in which the contents are emptied into at truck and the empty container remains on site. Dumpster use is by city contract only and the city will designate placement and appropriate storage structure. The city will maintain the containers' structure, provide paint, etc. The waste generator will maintain the container in a sanitary condition by cleaning and disinfecting in accordance withs state and local health regulations. The waste generator willa also ensurei that af firm foundation is provided under each dumpster to prevent roll over. The city manager shall have the authority to change commercial cart customers to commercial Garbage means: solid waste, and includes but is not limited to, materials resulting from the preparation, cooking, and serving off food, including trimmings and other discarded matter from meat or produce, clothing, packaging, paper, and: similar common items. Its specifically excludes hazardous waste or bio-hazardous waste, construction  specifically excludes construction and demolition debris. City manager means the city manager, or his/her designee.  properties zoned or used fors single-family residential or multifamily residential uses.  commercial establishment.  otherwise entert the environment.  dumpster(s) when the volume oft trashi is warranted.  and demolition debris, yard debris, domestic and farm animal carcasses, stable matter.  Page 2of7    Garbage cart means a garbage containeri issued to an address byt the city. Standard issue carts are 95 gallons, however, a special request by residential customers mayl be made tot the city for one smaller cart ofe either 35 Hazardous materials mean: solid waste, or a combination of solid wastes, which, because ofi its quantity, concentration, or physical, chemical, ori infectious characteristics, may cause, ors significantly contribute to, an increase in mortality or ani increase in serious irreversible ori incapacitating reversible illness or may posea a substantial present or potential hazard to human health ort the environment when improperly transported, disposed of, stored, treated, or otherwise managed. Thet termi includes any solid wastes not acceptable at Materials to be collected means garbage, solid waste, yard debris, and bulk wastes int ther manner and quantities approved by this Code and generated solely at the address from which type are generated. Open top roll-off container means any! large capacity container used for the storage, collection, and transport of solid waste for commercially generated construction and demolition debris, bulk wastes, and garbage in quantities tool large for pickup byt the city, or other solid wastes not collected by the city, which are transported with their Solid waste means garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, commercial, or governmental operations. Yard debris means all reasonable accumulations of grass, trees, shrubbery or weed cuttings, pine needles, grass clippings, branches, palm fronds, other vegetation trimmings, and other refuse incident to the care ofl lawns, White goods/appliances shallr mean discarded refrigerators, ranges, washers, dryers, water heaters, dishwashers, and other similar domestic and commercial appliances, only from the address where generated. (a) Except as otherwise provided in this chapter, all garbage, solid waste, and materials accumulated int the city shall be collected, conveyed, and disposed of byt the city. No person, fora a fee shall collect, transport, or convey over any of thes streets, alleys, or public rights-of-way, or dispose ofa any materials to be collected. Multi-Family homes located on a single parcel require an appointment with the Solid Waste Division for the collection of yard debris and bulk waste. The cost of collection fors single family homes is $22 per month. Thel bulk waste and yard debris schedule for single family homes is located on the city website within the Public Works Department section. (b) Residential garbage cart pickup willl be performed twice each week on the same days each week. Each address willl be issued one cart; however, subject to approval of the city, arrangements can be made for additional (c) Yard debris willl be picked upe every other week ont thet first day of garbage collection. Small yard debris shalll be ina as single pile, garbage can (not weighing more than 40 pounds), or a garbage/recycling tote clearly marked as yard debris and not scattered along ther right-of-wayi in multiple areas. Yard Debris shall not be comingled with trash. Each additional cubic yard ofy yard debris cost $6 per cubic yard and placed directly on the (d) Commercial garbage cart pickup willl be performed twice eachy week on1 thes same days each week. Each address willl bei issued one cart upon request; however, subject to approval of the city, arrangements can be made for additional carts at $ 22 each. adhapeaméserweNe (e) Commercial, garbage dumpster and compactor container pickup willl be performed ina accordance with a Bulk wastes willl be picked up by the city every other week oni the first day of garbage collection, upi to four (4) cubic yards,. Each additional cubic yard of bulk waste cost $10 per cubicy yard and placed directly on the utility! bill. The city manager may limit the quantity and type of bulki items collected byt the city, or when the city  gallons ore 65 gallons in lieu of the 95-gallon cart, but with no adjustment in rates.  Highlands County Landfill.  contents by a vehicle to a solid waste disposal site by permit of the city.  shrubbery, vines, trees, and gardens. Therei is af four (4) cubicy yard maximum.  Sec. 82-33. Collection by city.  carts ata additional charge and rates.  utility bill.  eity- (f)  contract between the business owner and the city.  Page 3 of7    manager determines that there is otherwise a reasonable probability that abuse of the city solid waste utility is  occurring. The following are established limitations:  (1) city pickup. (2) appointment only. (1) (2) orany franchisee. () ()  Only bulk wastes generated at that same residential or commercial address may be placed for Not more than four automobile or light truck tires per year at residential addresses only, by Not more than two white good/appliances in a year; and not more than one white White goods/appliances must be secured in accordance with law.  (g) White goods will be picked by the city by appointment only.  good/appliance of the same type.  (h) No human or animal excrement will be picked up or transported by the public works garbage department Basic garbage and yard waste service willl be conducted by the cityi in a manner provided by this Code, or by resolution not in conflict with this Code, or by a franchise contract approved by the city council. Commercial customers performing work on their own property within the city may request a quote for removal of all solid waste generated byt them. Building and demolition contractors must identify the manner of disposal of construction and demolition debris as a prerequisite for a building/demolition permit. Builders, building contractors, privately employed tree trimmers and tree surgeons and landscaping and lawn maintenance contractors must remove all yard waste trash and debris from the premises upon which they are working at their own expense. This shalli include limbs, tree trunks, roots, concrete slabs, concrete blocks, bricks and all other materials used or generated by contractors in the course of building, altering or service to the premises.  Sec. 82-34. Preparation and placement of materials to be collected.  (a) Automated garbage collection.  (1) Automated garbage collection is used by the city for a single-family residence, therefor, resident or occupant of single-family residence is hereby required to use only the garbage cart(s) provided by the city, and no other cans, containers, or loose garbage. Thei front of the garbage cart shall face the street, and the handle (2) Carts must be placed only upon that resident's property who generated the waste. No person may call "on behalf of" the waste-generating resident or business other than the owner of the property for residences, (3) Garbage must be inside the garbage cart with the lid down. No bags or loose garbage shall be allowed to fall, accumulate, or be placed on or around the garbage cart. All wet garbage matter shall be wrapped in paper before being placed in garbage cans. Containers shall first be drained of all liquids prior to being placed in garbage cans. All garbage cans shall be kept tightly covered at all times except when it becomes necessary to lift the covers to deposit garbage in the garbage can or empty such can in a garbage truck. (4) All yard debris and bulk items shall be kept separate from garbage. (5) Each garbage cart with contents shall not exceed 150 pounds.  of the cart shalli face away from the street.  or an owner or employee of the waste generating business.  (6) Garbage carts shall be kepti in good condition by the residential customer, including cleaning of garbage (7) The customer shall bear the cost to replace lost, stolen, or damaged garbage carts, except that garbage carts in need of replacement due to normal wear and tear and not abuse, shall be replaced at no additional  carts.  cost tot the customer.  Page 4 of7    (8) The city staff shall record the serial number of each cart issued in relation to the service address to which that carti is issued.. A garbage cart shall not be removed from the property to whichi iti is assigned and will (9) Except when legally placed curbside for collection, all garbage carts shall be stored at a location on the premises no closer to the street or other public or private way fronting the premises than the front edge of the primary structure located on the premises, or an imaginary line extending from thet front edge of the primary structure to the side property lines of the waste-generating property. Not earlier than 6:00 p.m. of the day preceding the day of collection, nor later than 6:00 a.m. on the day of collection, all garbage carts shall be placed for collection as provided in this chapter. On or before 6:00 a.m. following the day of collection, all (10) Except when otherwise specifically authorized in writing by the city manager or when open top roll-off containers are used pursuant to section 82-40, all garbage to be collected shall be placed curbside. The residential customer shall leave at least three feet between each garbage cart and any other container or other object such as a vehicle, fence, fire hydrant, or mailbox. Garbage cart shall not be placed under power lines, by power poles, on top of water meters, nor placed on sidewalks, streets, or other locations where interference with pedestrian or vehicular travel may occur. Dumpsters must be placed in a manner and (11) Garbage carts shall not be placed on or in front of neighboring property not in the ownership or tenancy of the person by whom such garbage is accumulated. Single-family residential units shall not be permitted to (12) Each residential customer choosing to place its containers atl locations other than those designated by this (13) Any garbage cart not placed or removed according to the requirements of this chapter, or use of unapproved containers, may be tagged by the solid waste department. After a warning for thei first violation, customers shall be subject to at fine as provided by resolution, which will be placed on the account holder's (14) The property owner shall be responsible for the cost to collect and dispose of solid waste resulting from  transfer to new owners or tenants of the property.  garbage carts shall havel been removed and returned to a place of proper storage.  location as provided by contract.  share residential collection service with other residential units.  chapter may request a special collection service from the solid waste department.  utility bill.  clean upt from an eviction or move out of a renter.  (15) Dumpsters shall not be allowed for single-family home residential properties. (1) Yard debris shall not be stored in a common container with other solid waste. (2) Yard debris must be placed curbside for collection separately on designated days. be cut into smaller pieces byt the generator of such bulk yard materials.  (b) Yard debris.  (3) Tree trimmings shall not exceed five feet in length. Bulk yard materials in excess of five feet in length shall (4) Any bulk yard materials in excess of five feet in length shall be removed from the residential property and shall be disposed of by the customer. Failure to comply will result in at fine which shall be added to the utility bill in the amount oft the cost of disposal and an administrative fee as provided by ordinance. (5) Yard materials must be generated only from the yard of the residential property from which they are (a)The city shall maintain and operate a service for the collection and disposal of garbage and yard waste, and all persons whose premises are serviced thereby shall payt to the city for the use of such: service rates and charges as are: set by resolution adopted by the city council. The city manager is authorized to establish administrative rules, not inconsistent with this chapter, necessary or prudent for the efficient and economical collection and disposal of solid waste from the city. Such administrative rules may be promulgated at any time necessary and implemented  generated, and not from any other address or location. Sec. 82-37.- Service charges, administrative rules, rates.  Page 5 of7    immediately and may! be reviewed by the city council whenever: a resolution for service charges, rates andi fees is (b)The manner of collection anda all rates forg garbage, certain special wastes, andy yard waste service shall be reviewed atl least annually in conjunction with the preparation of the annual operating budget. Rates will be adjusted as determined necessary byt the city council to ensure adequate revenue for the operation of the solid waste fund andt tos satisfy good accounting and business practices. Adjusted rates shall become effective as (c)The issuance ofa a certificate of occupancy to any residential property in the city is prima facie evidence of the need forg garbage and yard waste service. Alls suchr residences within the city willl be assessed a monthly garbage andy yard waste charge regardless of whether the premises are occupied and regardless of whether water and sewer: services are being utilized. Such monthly payment willl be the responsibility of the owner of record of the (d) Commercial Service Rates - Garbage tote is $22 each. Bulk waste and yard waste is $10 per cubic yard and is picked up! by appointment only. Therei isr no monthly minimum. The City reserves ther right to decline the pickup if required. The Public' Works Director reserves the right to require a dumpster if needed instead of garbage totes.  considered byt the council.  provided by resolution adopted byt the city council.  dwelling.  (e) Commercial Dumpster Rates-  Pickups per Week Rental Rate 1p pickup 2pickups 3pickups 4p pickups 5pickups  Container Sizei in Cubic Yards  2 $12.85$14.14 $36-85540.54  4  6  8  $25.70$28.27 $38-55$42.41 $51.40$56.54 $65.70572.27 $110-655121.72 $154-105169.51  $65.75572.33 $120-395132.33 $199-055218.96 $277-659305.42 $96.305105.93 $173.305190.63 $287.455316.20 $401-355441.49 $125-205137.72 $226.305248.93 $377-655413.22 $527-755577.23 $154.155169.57 $289.809308.88 $463.855510.24 $648-605713.46  SECTION 3. CODIFICATION.  The provisions of this Ordinance shall become and be made part of the Code of the City. The sections of this Ordinance may be renumbered or re-lettered to accomplish such intention, and the word 'ordinance" may be changed to' "section," "article," " or other appropriate word, etc. SECTION 4. REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS.  All City codes, ordinances and resolutions or parts of codes, ordinances and resolutions or portions thereofi in conflict with the provisions oft this Ordinance are hereby repealed to the extent of such  conflict.  SECTION 5. SEVERABILITY. full force and effect. SECTION 6. SCRIVENER'S ERROR.  Ifany section, sentence, clause, part, or provision of this Ordinance is held to be invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby but shall remain in  The correction oft typographical errors which do not affect the intent of the ordinance may be authorized by the City Clerk or the Clerk's designee, without public hearing. This Ordinance shall be effective immediately upon passage.  SECTION7. EFFECTIVE DATE.  Page 60 of7    IN WITNESS WHEREOF, the City of Avon Park, Florida, has duly adopted this Ordinance  and caused it to be executed by the officers below as follows:  On the was:  day of  2024 the Ordinance was read for the first time, and the vote  Yes No Abstain Absent  Councuperson/Mayor Anderson Councilperson Deputy Mayor Barnard Councilperson McGuire Councilperson Mercure CounciipersonTaylor On the  0 D D 0 D 0 D D a D  U D D D D  D 0 D D D  day of  2024 the Ordinance was read for the second time at a public  hearing, and the vote was: Councuperson/Mayor Anderson Councilperson /Deputy Mayor Barnard Councilperson McGuire Councilperson Mercure Councilperson Taylor (Seal) ATTEST: By:  Yes No Abstain Absent  D D D D D D D D D D  D D D D 0  D 0 D D 0  CITY OF AVON PARK, FLORIDA  By:  Christian Hardman, City Clerk APPROVED AS TO FORM: Gerald Buhr, City Attorney  Garrett Anderson, Mayor  Page 7 of7    City of Avon Park Solid Waste Service & Fee Recommendations    Service Recommendations  Garbage Collection 2p pickups per week (remains the  same)  III  Additional garbage can: $15    Service  Recommendations  Bulk Waste Collection  1pickup everyother week (remains the same) 4cubic yards per collection (2 cubic yard increase) Every other week on Monday or Tuesday according to pickup day No longer picked up the same week as yard waste More than 4 cubic yards are calculated by staff and added to utility bill at $10 per cubic yard over 4 cubic yards (Per City Ordinance). Multi-Family communities where single unit/residence origin of disposal cannot be determined by the PW Director are Multi-Family communities (Tri-plex and greater, Mobile Home) charges or violations are charged to either the HOA, Management Office, or divided evenly among the homes within the perpendicular) property lines of the discarded bulk waste. *APHAis Commercial establishments/apartment complexes by appointment only and billed per total cubic yards collected.  I  by  appointment only.  exempt    Service Recommendations  Yard Waste Collection  1p pickup every other week (remains the same) 4 cubic yards per collection (2 cubic yard increase) Every other week on Monday or Tuesday according to pickup day No longer picked up the same week as bulk waste More than 4 cubic yards are calculated by staff and added to utility bill at $10 per cubic yard over 4 cubic yards (Per City Multi-Family communities: where single unit/residence origin of disposal cannot be determined by the PW Director are by Mul-ramlycommuntes (Tri-plex and greater,, Mobile Home) charges or violations are charged to either the HOA, Management Office, or divided evenly among the homes within the perpendicular propertylines oft the discarded waste. *APHA Commercial establishments /apartment complexes by appointment only and billed per cubic yard.  Ordinance)  appointment only.  III  yard  ise exempt    Rate Comparison  Municipality Solid Waste Trash Collection  Bulk & Yard' Waste Collection Bi-weekly bulk and yard debris collection Bulk: 1x 2-yard pickup per month. Yard Debris: 2x2 2-yard pickups per month. By appointment. week 1xp per all services (bulk, yard waste) $200 per truck up to 22CY. By appointment. 1xp per week No limit noted  Rate  2x per week 96-gallon cart 2xper week 96-gallon cart 1x per week all services garbage, recycling  Avon Park $ 15.00  Sebring  $ 18.75  Lake Wales (Contracted)  $ 22.49  Lake Placid $ 20.83 2x per week  4x45-gallon carts 1x per week (additional can $10)  Fort Meade (Contracted) (Contracted)  $ 28.88 garbage, recycling  Highlands Co. $ 18.65 1x per week  Alternating weeks -2 yards each Once per week 4 2 yards of yard waste and 2 pieces of furniture for bulk  Wauchula $ 34.21  1xper week    Item Solid Waste Collection Additional cart  Cost $22 per month  $15 per month  Additional Yard Debris  $6 per cubic yard <4cubic  Residential Rate  yards  Additional Bulk $10 per cubic yard <4 4 cubic  Suggestions  Debris Additional Tires  yards  $8 per tire < 4 tires per calendar year  White Goods  $20 each < 2 per calendar  year Not allowed  Construction & Demolition    Commercial Rate Suggestions  2-Yard Dumpster  New garbage p/u rates  Old Rental rate New rental rates Old garbage p/u rate  Total  12.85 $ 12.85 $ 12.85 $ 12.85 $ 12.85  14.14 14.14 14.14 14.14 14.14  $ 36.85 $ 65.75 96.30 125.20 154.15  $ 40.54 72.33 105.93 137.72 169.57  $ 54.67 $ 86.46 120.07 151.86 183.70    Commercial Rate Suggestions  4-Yard Dumpster  New garbage p/u rates  Old Rental rate New rental rates Old garbage p/u rate  Total  25.70 25.70 $ 25.70 25.70 25.70  28.27 28.27 28.27 28.27 28.27  e 65.70 $ 120.30 $ 173.30 $ 226.30 * 280.80  $ 72.27 132.33 190.63 248.93 308.88  100.54 160.60 218.90 277.20 337.15    Commerciau Rate Suggestions  6-Yard Dumpster  Old Rental rate  New rental rates Old garbage p/u rate New garbage p/u rates  Total  38.55 38.55 38.55 38.55 38.55  42.41 42.41 42.41 42.41 $ 42.41  110.65 199.05 287.45 375.65 463.85  $ 121.72 218.96 316.20 413.22 $ 510.24  164.12 $ 261.36 358.60 455.62 $ 552.64    Commerciau Rate Suggestions  8-Yard Dumpster  Old Rental rate New rental rates Old garbage p/urate New garbage p/u rates  Total  51.40 51.40 51.40 51.40 $ 51.40  $ 56.54 56.54 56.54 56.54 $ 56.54  154.10 277.65 401.35 524.75 648.60  $ 169.51 305.42 $ 441.49 577.23 e 713.46  $ 226.05 361.96 $ 498.03 633.77 $ 770.00    Agenda Item Summary  Date of Action: October 14, 2024  Subject: CRA Advisory Board Member Requesting Waiver to Apply for CRA Façade Grant  Item No.: D-11  Placed on Agenda by: City Manager, Danielle Kelly  Staff Review: Yes Attorney Review:  Recommended Motion(s): Authorize CRA Advisory Board Member, Ms. Dana Sevigny, to  apply for a Façade Grant by waiving the conflict.  Documentation:  Memorandum from City Attorney, Dated March 24, 20251 (Subject: Member of CRA Email from City Attorney to CRA Member, former City Manager Mark Schrader and City  Advisory Board Wishes to Seek CRA Grant)  Clerk  Background: In accordance with Section 112.3137)a).S, a request by a CRA Board Member tor receive a façade grant may be construed as a conflict of interest. The Florida legislature, however, has identified an exemption to cure the conflict. A waiver may be obtained upon full disclosure of the transaction or relationship to the appointing body prior to a waiver being issued and an affirmative vote in favor of the waiver by two-thirds vote of the body. In other words, the CRA Board must vote to approve to waive the conflict by a minimum vote of 4/5.    SAXON GILMORE SAXON GIOREACAMIAHALEA Anomeys and Counselorsarlaw  GERALDT.BUHR, P.A., Of Counsel 77471 US Open loop, Lakewood] Ranch, FL34202 CerrifiedCiy, County and Local Governmentz Attorney  City Attorney) for: Town of Zolfo Springs City ofBowling Green City ofs San Antonio City of Avon) Park  Direct Dial: 863.508.7055 Facsimile: 863.508.7066 Email: Gerald@buhrlaw.com www.saxongimore.com  PREEMINET Geraid ThomasBuhe  MEMORANDUM  To: Mark Schrader, City Manager From: Jerry Buhr Date: March 24, 2021  Subject: Member of CRA. Advisory Board Wishes to Seek CRA Grant  Ihave been asked by a councilmember to research the issue of whether a CRA Board member can ethically apply for a CRA grant. The short answer is that they can, but only ift the City Council  waives the conflict.  Analysis  The request is made by a CRA advisory board member who wishes to also apply for a CRA grant. Section 112.313(7)(a) F.S., part of the state "Code of Ethics" states as follows:  (7) CONFLICTING RELATIONSHIP  EMPLOYMENT  OR  CONTRACTUAL  (a) No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate ac collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee ofan agency have or hold any employment or contractual relationship that will create acontinuing or frequently recurring conflict between his or her private interests and the performance ofhis or her public duties or that would impede the full and  faithful discharge of his or her public duties.    Mark Schrader, City Manager City of Avon Park March 24, 2021 Page 2 of2  112.313(7)a) F.S. (Emphasis added)  Itist the second section that Ihave highlighted above that creates the problem for the board member. Having the contract required for CRA grants with the CRA and City, has been unequivocally determined to be a violation of that section. See, e.g., CEO 12-14, CEO 12-07 & 98-3. Although those opinions related to CRA board members and not advisory boards, it appears to me that this isa distinction without a difference because advisory board members are also officers.  Although the application would create a conflict, the Florida Legislature has added an exemption  that could be used, ifapproved. Section 112.313(12) FS provides:  (12) EXEMPTION-The requirements of subsections (3) and (7). as they pertain to persons serving on advisory boards may be waived in a particular instance by the body which appointed the person to the advisory board, upon a full disclosure of the transaction or relationship to the appointing body prior to the waiver and an affirmative vote in favor of waiver by two-thirds vote of that  body.  $112.313(12)F.S. (Emphasis added).  Therefore, it is my opinion that although the application for a grant from the CRA by a CRA advisory board member could create an unethical conflict ofinterest under section 112.313(7(a) F.S., the CRA Board (the board that appointed the advisory member) itself could create a waiver  of that conflict if:  1. The CRA Board appointed the CRA advisory board member; and, 2. The conflict was clearly described to the CRA Board; and, 3. The CRA Board voted to waive the conflict by a minimum vote of 4/5.  As always, I have done this memo as a courtesy to the advisory board member. I represent the citizens of Avon park through their City Council. This memo is only my opinion and would not stand against a Commission on Ethics decision to the contrary or be a full defense to an ethics violation. All public officials are responsible for their own ethics. Ifthe advisory board member wishes to have an unequivocal decision, they can seek a Commission on Ethics opinion, or hire an  independent attorney to represent them, or both.        Public Records Legal Notice Regarding E-Mail: Under Florida Law, email and email addresses sent to this firm regarding matters related to government clients are publicr records. Ify you do not want your email or email address released in response to a public-records request, do nots send electronic email to this entity. Instead, contact this office by phone. Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, fort the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed  herein.  2    Christian Hardman From: Sent: To: Subject: Categories:  Gerald Buhr gerad@buhtaw.com> Wednesday, September 11, 20242:37PM Christian Hardman Subordination Attorney Contact Info Hold Item- Per Mark  RE: Sun Pure Road Right of Way Dedication Item/Seg: 1944852 City of Avon Park Utility  Caution: This email was sent from outside the City of Avon Park's organization.  Given the changes in language int the attached and thet facti that thet facilities at risk are very small, Iwould be willing to support approval of use of the 2015version. Butlalso point out thatIdid not necessarily review the 2015 subordinations agreement in 2015, because they did not always send me everything because of financial problems.  Jerry  N Buhr  GERALD T. BUHR, P.A.  Certified by the Florida Bara as a City, County and Local Government specialist since 2003 City Attorney for: Zolfo Springs, Bowling Green, San Antonio and Avon Park 2022-Thirty Years as City Attorney for Zolfo! Springs, Florida 2020-Twenty years as City Attorney at Bowling Green 2020-Teny years as City Attorney at San Antonio Saxon Gilmore & Carraway, P.A. Phone (863) 508-7055; Fax (863) 508-7066  of Counsel to:  NOTE: The Florida Bar Disciplinary Counsel requires all lawyers to notify all recipients of e-mail communications that (1)e-mail communication is not a secure method of communication, (2) any e-mail communication thati is sent to you or byy you may be copied and held by various computers as the communication is delivered from me to you and vice versa, (3) persons not participating in our communications may intercept our communications byi improperly accessing your computer or my computer or another computer unconnected to either of us through which the communication has passed. Ify you prefer to receive communications through another form of delivery, please Public Records Legal Notice Regarding E-Mail: Under Florida Law, email and email addresses sent to this firm regarding matters related to government clients are public records. Ify you do not want your email or email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact this office by phone. Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically: stated, was noti intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed  provide notice in writing.  herein.    Agenda Item Summary  Date of Action: October 14, 2024  Subject: Avon Park Executive Airport Terminal Office Space Lease  Item No.: D-12  Placed on Agenda by: City Manager, Danielle Kelly  Staff Review: Yes  Attorney Review: In progress  Recommended Motion(s): Approve a lease agreement between 2Fly Inc. and the City of Avon Park and authorize terminating a hangar lease subject to an executed buyout agreement. The  foregoing motions are both subject to legal counsel review and approval.  Documentation: Office Space Lease Exhibit  Background: An international flight school operating in Florida for the past 36 years has requested to relocate to Avon Park Executive Airport. The school is currently located at Merritt Island airport. Operating globally, 2Fly inc. has enrollment offices worldwide. Enrolled students will relocate to Avon Park to complete a 2 year program resulting in airline transport pilot certificates. Additionally, most students receive an AA degree and complete English as a second language. 2Fly Inc. currently has 200 students and approximately 75 employees to manage its program. Furthermore, 2Fly Inc. owns over 40 planes of various sizes for the students to train Inc order to initiate the transfer of 2Fly Inc's FAA Part 141 certification to Avon Park Executive Airport from Merritt Island airport, 2Fly Inc. must secure at terminal lease. During theexhaustive Part 141 certification checklist process, 2Fly Inc. will negotiate the buyout of a commercial hangar lease at Avon Park Executive Airport for airplane maintenance. Once a buyout has been secured, 2Fly Inc. will request the City of Avon Park terminate the current hangar lease. Afuture agenda item will be brought forward for a commercial hangar lease between 2Fly Inc. and the The direct and indirect economic impact to Avon Park and the surrounding region will be tremendous. Theschool lisalreadyinn negotiations to rent modular homes from a local developer to house the students. Additionally, 2Fly Inc. plans to make investments in the airfield to accommodate the current and future needs. Time is of the essence as the FAAI historically needs The proposed lease terms are: one-year lease agreement with month-to-month options; rental rate is $750 per month; office space consists of approximately 402 square feet.  on which will be based at Avon Park Executive Airport.  City of Avon Park.  8 to 12 months of review after the initial leases are executed.    EXHIBIT A  PILOT  402.46 sf  A  D  FBO  STAGINE OFFICE  -    Agenda Item Summary  Date of Action: October 14, 2024  Subject: Two New Employee Classifications  Item No.: D-13 Staff Review: Attorney Review:  Placed on Agenda by: City Manager, Danielle Kelly  Recommended Motion(s): Authorize creating two new employee positions 1) Human  Resources Assistant and 2) Information Technology Engineerl  Documentation:  Human Resources Assistant Job Description Information Technology Engineer IJob Description  Background: Toadequately staff the City's growing demands, and to develop a succession plan for key positions, the City Manager and Human Resources Director have identified two areas that need additional support, the Information Technology Department and the Human Resources Department. Currently, these departments are staffed by one individual each, and if they are on vacation, or out sick there is no one to cover these vital roles, and if either of these positions were vacated it would create a serious hardship on the City. A succession plan helps ensurethati important knowledge and expertise are not lost when an employee leaves or retires. The Information Technology Administrator has high demands for help desk support, setting up the technical side of the onboarding of new hires, assisting with the GPS setup for publicworks, keeping the security system up and running, the City'sinternal network, and the remote support of employees that has been a steady seven days a week job for some time now. The demands of the day-to-day operations do not afford the administrator time to focus on the long-term The Human Resource Director is responsible for all Human Resources (Employee Benefits, Retirement Coordinator, and Property/Casualty and Liability Insurance), Recruitment and Onboarding, Payroll Maintenance, Safety and Risk Management, Union Negotiations, Compliance with Personnel Rules and Regulations, Drug and Alcohol Program Compliance and Compliance with the Americans with Disabilities Act. The day-to-day operations do not afford the Human Resources Director the opportunity to focus on long-term projects that need to be addressed, like updating the Personnel Rules and Regulations, and conducting audits of  projects that need to be addressed.  Programs and Policies.    Attached are the two job descriptions that the City would like to add for Fiscal Year 2024/2025. Initially the monies to cover these positions would come from reserves, until the end of the fiscal year, at which time it can be determined ifi it can be allocated from somewhere else (other Financial Impact: The fully weighted salary for both positions will range between $125,000 - $130,000 depending on the starting pay. It should be noted that $55,000 in budgeted, unused city manager salary costs will be used to offset this expense. Additionally, 12 unfilled budgeted positions are in the process of being recruited and salary savings from those unfilled positions  possible positions that were not filled within the year).  will also offset the salary costs of these two proposed positions.    CITY OF AVON PARK JOB DESCRIPTION JOBTITLE:  Human Resources Assistant  EXEMPT: SALARY: SHIFT: LOCATION:  No $42,000 to $45,000 Days City Hall  DIVISION:  City Manager  DEPARTMENT: Human Resources COST CENTER: 01-50-512  POSITION:  Human Resources Assistant 10/03/2024 10/03/2024  REPORTSTO: Human Resources Director PREPARED BY: Human Resources APPROVED BY: City Manager  DATE: DATE:  NATURE OF WORK: Resources department.  AI Human Resources (HR). Assistant performs administrative tasks to support the Human  ESSENTIAL DUTIES AND RESPONSIBILITIES:  Recruitment - Post job openings, review resumes, schedule interviews, and conduct Onboarding - Coordinate orientation and training sessions for new employees Employee Records - Maintain employee databases, track attendance and leaves, and Policies and procedures - Assist the HR Director with formulating policies and Benefits - Assist employees with benefits-related inquiries, help process benefit Special events - Assist with planning and execution of special events such as benefits Employee relations = Assist HR Director with addressing employee concerns and help to Communication - Maintain the departmental email account, and coordinate management- Data management = Handle data entry, update employee records, and generate reports as  candidate screenings  assist with payroll maintenance  procedures, and communicate updates to employees enrollments, and ensure compliance with benefit policies enrollment, city-wide meetings, and employee recognition events foster positive relationships within the workplace  employee communications  Workers' Compensation - Assist with First Report of Injury for Claims  needed  Other Human Resource Duties as assigned    QUALIFICATIONS ANDI REQUIREMENIS:  Must have excellent communication skills, both written and verbal  Must be proficient in administrative duties such as communications, data entry and record keeping  OTHER KNOWLEDGE, SKILLS, AND ABILITIES:  Strong attention to detail Tact and professionalism when handling confidential information Proficiency with technology Knowledge of Human Resources practices and labor laws Basic understanding of filing systems EDUCATION and EXPERIENCE:  Must have al High School diploma, and a minimum of two years onboarding and recruitment experience.  PHYSICAL DEMANDS:  The Human Resources assistant works primarily in an indoor office environment and may travel outside the office to attend meetings, or to conduct a physical inventory audit Works at a desk for extended periods oftime, with the ability to move about at will. Repetitive arm/hand movements to enter data andi information into a computer using al keyboard Some bending, stooping, climbing and kneeling when filing or conducting physical inventory  audit  Employment Applications for the City of Avon! Park must be filled out in entirety.  Applications are located at: https/www.avonpark.cityjobs  The City of Avon Park is an Equal Opportunity Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, age, sex, sexual orientation, gender identity, national origin, ethnicity, disability, genetic information, marital status, or status as a protected veteran. Preference will be given toj preference-eligible veterans in accordance with applicable law.    CITY OF AVON PARK JOB DESCRIPTION JOB TITLE:  Information Technology Engineer I  EXEMPT: SALARY: SHIFT: LOCATION:  No Days City Hall  DIVISION:  150- City Manager  $45,000 to $50,000 (DOE) DEPARTMENT: 150- City Manager  COST CENTER: 001-0150-512-12-00  POSITION: DATE: DATE:  ITI EngineerI 10/03/2024 10/03/2024  REPORTSTO: IT Administrator PREPARED BY: Human Resources APPROVED BY: City Manager  NATURE OF WORK:  The Information Technology Engineer is responsible for supporting the installation, configuration, operation, and maintenance of technology systems. This includes the hardware, software, networks, and related infrastructure. The Information Technology Engineerlwill support troubleshooting and  resolving issues.  ESSENTIAL DUTIES AND RESPONSIBILITIES:  Support the installation and maintenance of new and existing hardware, software, and network Assist in the expansion and utilization of configuration management procedures Assist in performing regular security monitoring to identify any possible intrusions  services according to best practices  Assist City employees in resolving technical problems May perform other duties and responsibilities as assigned  QUALIFICATIONS AND REQUIREMENTS:  Anu understanding of the OSI model and best troubleshooting practices An understanding of security best practices in regards to networks and data access Ability to assess and prioritize multiple tasks, projects, and demands Ability to adapt to changing prioritiesregularly Ability to work under pressure and communicate effectively Well-organized with attention to detail Ability to write routine reports and correspondence OTHER KNOWLEDGE, SKILLS, AND ABILITIES:  Ability to create and maintain documentation and operational procedures on systems and  communication networks.    Ability to attend and support Council and CRAI Board meetings as directed including but not limited to audio and video recording and streaming and teleconference/vide/videoconference.  EDUCATION and EXPERIENCE:  Prefer an Associates degree (or higher) ina at technology related field educational requirements. Microsoft certifications preferred An minimum of two years of computer-related experience required  Extensive computer experience and/or technology certifications may be substituted for Formal training or on-the-job experience in computer hardware and software installation Experience with ethernet local area network, Windows servers and' Windows client preferred  required  PHYSICAL DEMANDS:  Individuals in this type of position must have the use of sensory skills to effectively communicate with other employees and the public through the use oft the telephone, computers and personal contact. Must have the physical capabilities to move about the office and use and operate various office equipment. This position may involve extended periods of time seated at the keyboard or workstation. Itn mayi involve lifting, carrying, pushing and/or pulling of materials and objects weighing upi to 60 Ibs. It  mayi involve bending, stooping, kneeling, and crawling.  Employment Applications for the City of Avon Park must be filled out in entirety.  Applications are located at:  tpsyhs.sogniofomsemChorhmtalcinohuwhditm.lovmemtApplisatiom,  The City of Avon Park is an Equal Opportunity Employer. genetic information, marital status. or status as a protected veteran.  All qualified applicants will receive consideration for employment without regard tor race. color, religion. age.sex. sexual orientation. gender identity. national origin. ethnicity.disability, Preference will be given to preference-eligible veterans in accordance with applicable law.    Agenda Item Summary  Date of Action: October 14, 2024 Subject: City Manager Updates  Item No.: H-14  Placed on Agenda by: City Manager, Danielle Kelly  Staff Review: N/A Attorney Review: NA Recommended Motion(s): Documentation: Updates:  City Manager Kelly will be providing an oral report.