AGENDA VALPARAISO, FL 850-729-5402 October 14, 2024 6:00 PM  CITY OF VALPARAISO & VALPARAISO CABLE AUTHORITY JOINT MEETING  Invocation (Commissioner Crosby) Pledge of Allegiance (Mayor Smith) APPROVAL OF MINUTES  September 9, 2024, Regular Commission Meeting September 16,238292024, Budget Workshops CITIZENS CONCERNS (non-agenda items) ACTION ITEMS/POTENTIAL ORDINANCES  1. Resident 2. Non-resident 1. Added Agenda Item  2. Street & Utility Ownership Maintenance - Michael Chesser 4. Resolution No. 24-10-14-24 Special Magistrate- 5. Resolution No. 25-10-14-24 2025 Library Interlocal Agreement--- 6. Ordinance No. 740 Prohibiting Public Camping & Sleeping-- 7. Resolution No. 26-10-14-24 Amend Budget-- 1. Update New City Hall Renovation-  Attach 1 -Attach 3 Attach 4 Attach 5 Attach 6 Attach 7 -Attach 8 Attach 9 Attach 10  Attach 11 Attach 12  3. Resolution No. 23-10-14-24 Appoint Regional Sewer Board Member--- ---Attach 2  OLD BUSINESS 2. Legal Update  3. Ordinance No. 735 Rezoning R-1A to C-1 431 Edge 4. Ordinance No. 736 Land Use Change R1A to C1 5. Resolution No. 18-09-09-24 Approve Engineer Agreement--- 7. Ordinance No. 737 Repeal Ord No. 375- Home Owners Association 8. Ordinance No. 738 Codifying Chapter 83 Waterways- REPORTS / CORRESPONDENCE LANNOUNCEMENTS  6. Fire Department Update  1. TPO/DOT 2. Stormwater  3. Community Liaison Report 4. Regional Sewer Update 5. Planning Commission Update 6. Community Center Update 7. Department Updates 9. Disbursements 10.Etc.  Attach 13  8. OCLOC Dinner Meeting Thursday October 17, 2024    SPEAKER'S FORM  CITY OF VALPARAISO COMMISSION  In an effort to better serve the community, the City Commission requests that items or requests to be presented before Commission be provided to the City Clerk by 9:00am on Wednesday of the week prior to the meeting. Any related materials that you wish to distribute to Commission in support of your item must be submitted at that time as well (see note at bottom). This will give Commission time to review your request and make any necessary inquiries. In addition, staff may need to contact you in response to your topic of concern or As you complete the form below, please note that certain fields, marked by *, are required. Late or incomplete forms, particularly where required information is omitted, will be deferred by Commission to a future meeting The City appreciates your cooperation and adherence to these guidelines.  in response to action directed by the Commission.  pending receipt of all information.  *****Please Print*****  DATE OF REQUEST  9/25/2024  *COMMISSION MEETING DATE: 10/14/2024 *PHONE #: 850-651-9944  NAME D. Michael Chesser  EMAIL: ikechesserharr.co. lltorteleeht.ca. ionteessearr.can TOPIC/ISSUE The street and utility ownership and maintenance provisions of the Ordinances  of the City and particularly most critically Crystal Lake.  *HAVE YOU SPOKEN WITH CITY STAFF ABOUT THIS ISSUE: If so, who and when? Yes. Please see attached correspondence to Hayward Dykes, Jr., Esq., dated  September 16, 2024.  *DESIRED ACTION BY COMMISSION Modification of the City's approach to ownership and maintenance of City street and utilities within subdivisions.  *PRESENTATION MATERIALS ARE ATTACHED: YESX  NO  Type Correspondence.  Note: only one set of material is required for submission unless color copies are desired. The City will' make and distribute the correct number of black / white copies to the Mayor, Commission and appropriate staff. However, those persons desiring color copies to be distributed must provide 10 sets at the  time of submission.    Shareholders: D. MICHAEL CHESSER Cily, Counly, Local Govermment Certified Courtl Mediator BRIAN W. CORLEW TARAA A. HAGAN LISAA.TROELL  Attorneys: MEGHANI BETZ Board Certifed. Reall Estate Lav ALEXANDER: D.I MCSWAIN Alsol Licensedi inA AL, TX DANIEL C. O'ROURKE Certified Court) Mediator A. RICHARDT TROELL, m Also Licensed in OK  OfCounsel to the Firm: HARRYI E. BARR Courtl Medialor NICKOLASG. PETERSEN JEROME A.Z ZIVAN Also Licensedi in GA  Board Certifed Real Estate Law and CHARLESI.COMELLA, JR,  CHESSER & BARR ATTORNEYS  September 16, 2024 mike@cheserbar.com Please respond to Shalimar office  Via Regular U. S. Mail & Electronic Delivery Service  Hayward Dykes Jr., Esq. Hand. Arendall Harrison Sale, LLC 111 N County Highway 393 Ste 203 Santa Rosa Beach, FL32459 hdykcs@handfim.com  Re: Crystal Lake Subdivision - Valparaiso, FL  Dear Hayward:  Iwould like for us to discuss a solution to the subdivision problem that I pointed out last week. I don'tknow) how other municipalities or counties handle the problem, but I personally think it'sa a mistake toi make as subdivision payi its own expenses for water, sewer, and: street maintenance when everyone else int the City has the expenses paid by ad valorem taxation or by user fees. Its seems to me there is a serious substantive due process problem when a subdivision in a municipality is treated entirely differently for user fee and ad valorem purposes than other parts of the City. I feel certain every other residence in Valparaiso pays for street upkeep through ad valorem taxation, and I know they are not assessed for utility line maintenance and replacement. Everyone int the City pays when these needs arise, we know. But the residents int these subdivisions pay twice, once by direct assessment, then they pay again for all other users in the City through There are private and public streets in every city and county, of course. Sometimes that makes sense where there are in fact "private" streets inside of a gate, or in some other way distinctive from the public streets in other places. Here, from a practical point of view, there is nothing "private" about the streets in these Valparaiso subdivisions. In addition, and perhaps more obviously, everyone in Crystal Lakes, Kelly Hills, or the Raider subdivision pays the same water and sewer fee as everyone else in Valparaiso. There is no functional difference between their use ofwater and sewer and anyone else in the City, and yet these subdivisions are charged as ift these Obviously, we really create enclaves of! properties treated differently than others by the: subdivision approach taken in Valparaiso. The bigger problem is most oft these older subdivisions arei investor- owned, non-resident properties. Over time they will be more and more: forgotten and more and 1201 Eglin Parkway Shalimar, FL 32579 850.651.9944 Fax 850.651.6084 chesserbarr.com 398 N. Main St., Suite B Crestview, FL: 32536 850.683.9945 Fax 850.398.6911  user fees and ad valorem taxation.  services are "extra".    Hayward Dykes. Jr., Esq. September 16, 2024 Page 2  CHESSERBBARR ATTORNEYS  more subject to being slum parts of Valparaiso by treating their roads differently. Neither subdivision has an "HOA" as defined in Chapter 720d ofthe statutes and by law an HOA cannot be Iu understand one solution is to change the existing ordinance that requires the City to pay these expenses and the City then charge the cost back to the subdivision. I suggest that does not solve the problem because of then a collection problem, and because these subdivisions will still be paying twice. I am very willing to work with the City to find out how to charge at least some part oft these expenses to the properties that will benefit from them. As I said, there is no legal way to create an HOA without 100% participation of all property owners in the subdivision, and you're not likely to get that. Nothing less than 100% would be fair to: residents who do pay. Iwill be happy to present this to the Council if that helps. It seems to me the solution is not to simply rescind the present ordinance that requires the City to fix the common roads and utilities  imposed after the fact without unanimous vote oft the members.  and change the cost back to the subdivision.  Please let me know your thoughts about a solution to this long-term problem.  Sincerely,  e Mike Chesser  DMC/crs  Cc: Mr. Jack M. Sampson (via email) Mr. Alan H. Vafides (via email) Mr. Robert W. Maxfield (via email)    RESOLUTION NO. 23-10-14-24  A RESOLUTION APPOINTING A VOLUNTEER TO THE NICEVILLE  VALPARAISO BOARD EFFECTIVE DATE  REGIONAL SEWER PROVIDING  AND  AN  WHEREAS, the Commissioner of Utilities has nominated himself to be one of the members on the Niceville Valparaiso Regional Sewer Board. NOW, THEREFORE, BE IT RESOLVED BY THE VALPARAISO CITY  COMMISSION THAT:  The following is hereby appointed to serve the Niceville Valparaiso Regional Sewer Board and the two year term is hereby established as follows:  Member Edward Crosby  Term  April 1, 2024 - March 31, 2026  THIS RESOLUTION SHALL BECOME EFFECTIVE RETROACTIVE TO 1  APRIL 2024.  PASSED AND ADOPTED THIS 14TH DAY OF OCTOBER, 2024  Hubert B. Smith Mayor  ATTEST:  Tammy Johnson, CMC City Clerk    RESOLUTION NO. 24-10-14-24  A RESOLUTION OF THE CITY OF VALPARAISO, FLORIDA, APPROVING SPECIAL MAGISTRATE AGREEMENT BETWEEN THE CITY OF VALPARAISO  AND BOWMAN LAW.  WHEREAS, the agreement for services with Bowman Law has been received NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of  and must be approved by the City Commission.  Valparaiso that:  1. The Mayor of the City is authorized to sign the agreement on behalf of the City of Valparaiso with Bowan L Law insubstantially: the same form as is attached as Exhibit "A" and presented to the Commission today with such changes, insertions, or  omissions as may be approved by the Mayor.  THIS RESOLUTION SHALL BECOME EFFECTIVE UPON ADOPTION. PASSED AND ADOPTED THIS 14TH DAYOF OCTOBER 2024  Hubert B. Smith Mayor  ATTEST:  Tammy Johnson, CMC City Clerk    Bowman Law  Bob Sikes Airport 5535 John Givens Road Crestview, Florida 32539 (850) 428-1755 meralaconstinyera.com Client Focused; Results. Driven  J. BRUCE BOWMAN Admittedi inl Florida and' Texas nuaatayeaen  - CMLT TRAL 2000-2025  September 25, 2024  Carl Scott City Administrator City of Valparaiso 465 Valparaiso Pkwy Valparaiso, FL3 32580  Re: Engagement Letter- City of Valparaiso  Magistrate Services  Dearl Mr. Scott:  Thank you for reaching out regarding mya availability to: serve: as the code enforcement magistrate for the City of Valparaiso (the "City"). It would be my honor and pleasure to serve the City in that capacity. Pursuant to your request, this letter will confirm thei terms of  our engagement: ifIa am selected. Scope of Work:  Iwill service as the city magistrate under Chapter 162, Florida Statute and the City of Valparaiso Code of Ordinances and conduct hearings in that capacity from time to time at the request of the City's code enforcement department. It will be the responsibility of the codei inspector to follow the procedural requirements of $162.051 before requesting al hearing, i.e. notice, reasonable opportunity to cure, etc. Once the procedural requirements are satisfied and it is determined by the code inspector that a hearing is necessary, the code inspector will then send me ai request for hearing in writing. Iwill then work with City staff to schedule a hearing and issue a notice of hearing that must be properly served on the  alleged violator by the City pursuant to $162.12, Florida Statute.  Once the date for thel hearing is set, City staff should prepare and publish an agenda for thel hearing in the same manner they would prepare and publish an agenda for any other    Carl Scott, City. Administrator September 25, 2024 Page2  publicmeeting. In addition, the City is required to: make arrangements to record the hearing. Following thel hearing, the City shall produce minutes oft thel hearing, whichIwill: review and  approve.  It will bei my responsibility to conduct thel hearing in an orderly fashion by receiving evidence and taking testimony under oath, while observing the fundamental elements of due process. Iwill notify you of any actual or perceived conflictImayl have with serving as the magistrate for any particular matter sO that alternative arrangements can be made. At the conclusion of the hearing, Is shall issue findings of fact, based oni the evidence of record, and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted by the City to the special magistrate and based solely on my unbiased  judgmênt. Fees  The fee arrangement will bel based on the same hourly rate paid by the Florida League of Cities in litigated matters involving its members. That ratei is currently $190 per hour plus  reasonable expenses incurred, i.e., postage, mileage, copies, etc.  Statements  Iwill: issue a statement following each hearing for fees and expenses due. Paymenti is  due upon receipt of the invoice, in the City's ordinary course ofl business.  Documentation  The City shall keep and preserve all records required to be maintained pursuant to  Florida's Sunshine Laws. Right to' Terminate  Iwill serve at the pleasure of the Valparaiso City Commission, which shall have the right to terminate me as its code enforcement magistrate at any time and for any reason.    Carl Scott, City Administrator September 25, 2024 Page 3  Thise engagement. letter does not create an attorney/client relationship between us. The City shall seek any legal advice required from its City Attorney or outside legal counsel, as  the case: may be.  a appreciate the opportunity to serve as your code enforcement magistrate. If you  have any questions, please do not hesitate to call.  Sincerely, BOWMANLAW R  J.I Bruce Bowman  Ihave read and consent to the terms set forth herein.  City of Valparaiso    Tammy Johnson From: Sent: To: Cc: Subject: Tammy,  Hayward Dykes hdyes@handhirm.com> Wednesday, October 09, 20241:53PM FW: City Of Valparaiso Magistrate Services  City Clerk Carl Scott  See below email from Mr. Hall resigning as Valparaiso's Spècial Magistrate.  HAND ARENDALL HARRISON SALE  Hayward Dykes Jr. 850-650-0010 Telephone 850-344-9731 Fax hdyes@handhim.com  From: Steve Hall Steve@skHal.legal Sent: Wednesday, October 9, 20241 1:49PM To: Hayward Dykes ndyAes@handhim.com> Subject: City Of Valparaiso Magistrate Services  Good afternoon Mr. Dykes:  Per our conversation on the above-referenced subject, please consider this my notice that Ihave accepted a contracti to provide services as City Attorney fort the City of Niceville. Accordingly, to avoid any problem with your concerns about the state's dual officeholding prohibition, Iwillr no longer be able  to provide code enforcement magistrate services fori the City of Valparaiso. Thank you fort the opportunity to serve int this capacity for the City.  STEVEN K. HALL  Steven K. Hall, P.A. Ofc: (850)337-4600  4399 Commons Dr ESte 300, Destin, FL32541    RESOLUTION 25-10-14-24  A RESOLUTION OF THE CITY OF VALPARAISO, FLORIDA, APPROVING THE OKALOOSA LIBRARY COOPERATIVE 2025 NTERLOCAL AGREEMENT WHEREAS, the Okaloosa Library Cooperative 2025 Interlocal Agreement has been NOWTHEREFORE, BE IT RESOLVED by the City Commission of the City of  received and must be approved by the City Commission.  Valparaiso that:  1. The Mayor of the City is authorized to sign the agreement on behalf of the City of  Valparaiso.  THIS RESOLUTION SHALL BECOME EFFECTIVE UPON ADOPTION.  PASSED AND ADOPTED THIS  DAY OF  2024  Hubert B. Smith Mayor  ATTEST:  Tammy Johnson, CMC City Clerk    Okaloosa County Public Library Cooperative  2025 Interlocal Agreement  This Interlocal Agreement ("Agreement") is entered into among Okaloosa County, hereinafter referred to as the "County," and the municipalities of Crestview, Destin, Fort' Walton Beach, Mary Esther, Niceville, and Valparaiso, hereinafter referred to as Participating Municipalities," each a municipal corporation located in Okaloosa County, Florida.  WHEREAS, Section 163.01, Florida Statutes, The Florida Interlocal Cooperation Act of 1969, provides that public agencies of the State of Florida may exercise jointly with any other public agency of the State of Florida any power, privilege, or authority which such agencies share inc common, and which each might exercise separately; andi that aj joint exercise of power bys such agencies may be made by contract int thet form of ani interlocal agreement; and  WHEREAS, Section 125.01(f), Florida Statutes, authorizes the County to provide libraries WHEREAS, Section 166.021(1), Florida Statutes, authorizes municipalities to render municipal services, and exercise any power for municipal services, and exercise any power for  and cultural facilities and programs; and  municipal purposes, except when expressly prohibited by law; and  WHEREAS, the County and the Participating Municipalities desire to cooperate in a countywideagrement to provide public library services without charge in Okaloosa County;and WHEREAS, the County is an eligible political subdivision under Section 257.17, Florida Statutes, that can participate int the State Aid to Libraries Program and is designated as the: single administrative unit that can designate a governing body for countywide library service.  NOW, THEREFORE, the parties agree as follows:  1. PURPOSE: The County and Participating Municipalities agree to cooperate, pursuant to the terms of this Agreement, in the operation of a countywide public library cooperative in Okaloosa County. In particular, iti is the express purpose oft the Agreement to provide for the coordination of library service throughout the legal service area of the COOPERATIVE; to provide for equal access to free (without charge) public library service in the Cooperative service area; and to formulate and implement consistent plans, programs, policies and proceduresi int the operation, maintenance and development ofl library service throughout the  legal service areas of the participating entities.  2. DEFINITIONS:  a) "Cooperative" shall mean the Okaloosa County Public Library Cooperative. b) "Cooperative Coordinator" shall mean the employee of the Okaloosa County Public Library Governing Board who administers Cooperative headquarters and coordinates    Cooperative activities and who meets the requirements and carries out the duties of the single administrative head as defined in 1B-2.011(3)(d), Florida Administrative Code. c) "County" shall mean Okaloosa County, a political subdivision oft the State of Florida. d) "Crestview" shall meant the City of Crestview, ar municipal corporation located in Okaloosa e) "Destin" shall mean the City of Destin, a municipal corporation located in Okaloosa f) "Directors Council" shall mean a council whose membership will include the library director of each participating library and other appointments as outlined in the Library h) "Fixed Assets" is defined by the county as all property with value of $1,000 or more purchased under the equipment control account, as amended from time to time. Fixed Assets shall be in accordance with Board directives, Florida Statutes, and the Rules of the "Fort Walton Beach" shall mean the City of Fort Walton Beach, a municipal corporation located in Okaloosa County, FL, that operates the Fort' Walton Beach City Library. "Governing Board" shall mean the governing body oft the Okaloosa County Public Library k) "Mary Esther" shall mean the City of Mary Esther, a municipal corporation located in "Niceville" shall mean the City of Niceville, a municipal corporation located in Okaloosa m) Participating Governing Body" shall mean the governing body of Okaloosa County, the governing bodies responsible fort the decision and policy making activities of Participating Libraries and the governing bodies of Participating Municipalities without Libraries. n) "Participating Library" shall mean any of the libraries or library services located within Okaloosa County that have entered into this Agreement. o) "Service. Area" shall mean all eligible residents of Okaloosa County p) "Valparaiso" shall mean the City of Valparaiso, a municipal corporation located in Okaloosa County, FL, that operates the Valparaiso Community Library. 3.T This Agreement shall constitute the entire agreement of parties hereto and oft the Okaloosa County Public Library Cooperative. There are no promises, representations, or warranties other than those set forth herein. This Agreement shall be binding upon the parties and successors in interest, in accordance with its terms. Modifications or amendments of the Agreement shall be binding and valid when submitted in writing and approved by each Participating Governing Body and by the Governing Board, and executed on behalf of each 4. TERMS: The term of this Agreement shall commence and be effective on the date the last party signs the agreement or by January: 1, 2024 whichever comes first, and shall end or be renewed December 31, 2024 unless terminated in accordance with the provisions of the Agreement or unless extended by supplemental Agreement subject to renewal and revision.  County, FL, that operates the Robert L. F.S Sikes Public Library. County, FL, that operates the Destin Library.  Cooperative Bylaws.  g) "Fiscal Year" shall mean budget year October 1-September 30.  Auditor General.  Cooperative as empowered pursuant to the Agreement. Okaloosa County, FL, that operates the Mary Esther Public Library. County, FL, that operates the Niceville Public Library.  Participating Governing Body and the Governing Board.    Recognizing the Agreement crosses two fiscal years (FY2024 and FY2025) but monetary allocation is distributed in FY2024, the allocation for FY2025 will be based upon future 5. WITHDRAWAL AND TERMINATION: Any Participating Governing Body may withdraw from the Cooperative established by the Agreement, and thereby terminate its rights and responsibilities under the Agreement. Section 7 defines Dispensation of Property and Equipment. The termination and withdrawal shall be effective on the next succeeding December 31, and shall be accomplished by the giving of written notice of the withdrawal and termination to the Governing Board and to each Participating Governing Body on or  appropriation by Okaloosa County Board of County Commissioners.  before August 1 prior tot the December 31 effective date oft termination.  6. ADDITION OF NEW MEMBERS:  a) Libraries: Any library within Okaloosa County may become a party to the. Agreement and ar member of the Okaloosa County Public Library Cooperative that meets the following (1) Be administered by a governing board responsible for the decision and policy (2) Be an established library with the physical facilities to securely house a library (3) Have an annual budget of at least $40,000 as verified by the latest independent (4) Submit a letter of intent for formal membership to the Okaloosa County Public Library Cooperative Governing Board prior to May1 1 oft the current fiscal year and obtain approval by each Participating Governing Body and execution and delivery ofa a counterpart original of the Agreement (as then in force), prior to August 1 of  minimum standards.  making activities oft the Participating Library.  collection.  audit report and a continuous source of funding.  the current fiscal year.  b) Upon satisfaction of these conditions, the proposed new Participating Library shall become a party to the Agreement and a member of the Okaloosa County Public Library Cooperative effective the next succeeding January 1, subject to all the provisions and obligations, and entitled to all the privileges and rights, accruing to all of the Participating 7. DISPENSATION OF PROPERTY AND EQUIPMENT: Upon withdrawal or termination of the Agreement by any Participating Library (whether early termination or otherwise), all real property and equipment classified asi fixed assets, defined in this agreement, purchased with - federal funds by the Cooperative belongs to the Okaloosa County Public Library Cooperative and reverts to the Florida Department of State, Division of Library and Information Services (State Library) if the Cooperative ceases to exist. That library will be given a copy ofi its Marc Records ini its current format at the time oft termination. Ifthe terminating library requests its records to be expunged from the Cooperative database, it will be done at the terminating library's expense. Materials and equipment purchased with local or grant funds other than federal Library Services and Technology Act grant funds, whether funds of a municipality or the County, shall remain the property of the Participating Library for which they were  Libraries under the. Agreement.    purchased, except in the case of any subsequent agreement or amendment to this 8. GOVERNING BOARD: The name of the Governing Board shall be Okaloosa County Public Library Cooperative Board hereinafter called the Governing Board. Each Participating Governing Body that operates a Participating Library shall appoint one member to the Governing Board; the County shall appoint one member to represent the unincorporated area of the county. Appointed representatives must be publicly elected officials with voting privileges in their respective municipal governances. Each Participating Governing Body shall designate at least one alternate representative to act on its behalf during any absence. The office of Chair shall be assigned to the member representing the County. The Cooperative Coordinator shall! be the staff liaison to thel board. Board members will not be paid a salary yor wages, but may be reimbursed for travel and per diem expenses in accordance with section 112.061, Florida Statutes. The Governing Board: serves as the governing bodyf for the Library  Agreement.  Cooperative and has thei following powers, duties and responsibilities:  a) Managing the affairs of the Cooperative. b) Bylaws will be established by the Governing Board.  c) There will be six or more open public meetings a year of the Governing Board. d) Adopt a long-range plan and annual plans of service which are developed by the Cooperative Coordinator and the Library Directors' Council to describe goals, objectives and activities of the Participating Libraries and the Participating Governing Bodies. e) Receive and disburse funds from the County, from state and federal grant sources, and Contract with the County to provide essential support services for the Library g) Contract fors services consistent with the Cooperatvestong-ange Plan and Annual Plans h) Adopt and maintain a position description for and hirea Cooperative Coordinator through 9. STAFFING: The Cooperative Coordinator shall be hired by the County and shall have the following minimal qualifications: a Master's degree in Library Science from an American Library Association accredited university or college followed by two years of successful, full- time paid library experience in a public library open at least 40 hours a week. Cooperative staff members are employees of Okaloosa County, and their compensation and benefits will be in accordance with County policy. The staff position of Library Administrative Specialist provides marketing, technology and training support to member libraries, maintains the OCPLC office, and assists the Coordinator in activities as directed. The Cooperative Coordinator, under the supervision of the Board, shall interview, select, supervise and recommend discharge of staff for the office of the Cooperative in accordance within established Countypolicies. All paids staff of the Participating Librariesshallremainemployees of the Participating Governing Bodies that operate each library and the Participating Governing Bodies shall retain all rights, responsibilities and powers associated with  from private donations, foundations, or other sources.  Cooperative. of Service.  the established policies and procedures oft the County.    employment of staff.  10. POWERS, DUTIES AND RESPONSIBILITIES OF THE COOPERATIVE COORDINATOR: The Coordinator shall be accountable tot the Board for overall administration of the Cooperative and implementation of policies, procedures and programs, as determined by the Board. The following activities, as a minimum, shall be carried out byt the Coordinator for all Participating Libraries under the plans, policies, and budgets adoptedl byt the Cooperative Governing Board, and they may not be delegated through Interlocal agreements or any other service agreements: coordinate development of a single long-range plan for the Cooperative; coordinate development of a single annual plan of service; compile an annual combined expenditure report for application for State Aid by OCPLC, combining all Participating Libraries' expenditures, and the Cooperative's expenditures including any state or federal grants; implement the Cooperative long-range plan, annual plan of service, and annual budget; and prepare réports on behalf of the Cooperative and Participating Libraries as required by the Florida Department of State, Division of Library and Information Services. 11. LIBRARY DIRECTORS COUNCIL: The Council will advise the Cooperative Governing Board on services, plans and policies for the Cooperative. The Council membership will include the library director of each participating library, the Cooperative Coordinator, and other appointments as deemed necessary by the Governing Board. The Council will hold at a 12. STRATEGIC AND ANNUAL PLAN: The Cooperative Coordinator shall coordinate development and implementation of a strategic plan for the operation, maintenance and development of library services to the residents of the Cooperative Service Area. The strategic plan shall be developed in coordination with the Cooperative's Governing Board, the participating governing bodies, residents of the Service Area, and the Library Directors' Council. The plan shall be adopted by the Cooperative Governing Board and be maintained through a yearly update by the Cooperative Coordinator in coordination with the aforementioned parties. All authority with respect to- -funding of the strategic plan and of any other library program or expenditure from Participating Library Governing Body funds shall lie solely with that 13.ANNUAL BUDGET:The budget shall be developed along a fiscal year beginning Octoberland ending September 30 each year. The Cooperative budget shall be developed by the Cooperative Coordinator and shall take into account funds received from the County, state and federal governmental sources, except state construction grants, and all other revenue sources received to provide library service. The budget shall be adopted by the Cooperative 14. ACCEPTANCE OF GIFTS, GRANTS; FUNDS, OR BEQUESTS: The Governing Board, on behalf of the Cooperative, shall have the authority to apply for or receive gifts, grants, funds or bequests. The Board, through a Memorandum of Understanding (Appendix A), has designated the County as the fiscal agent to apply for or receive its funds from all sources.  minimum, one meeting per month, except in December.  Participating Library Governing Body.  Governing Board.    The Governing Board shall followi the standard operating procedure for grant applications as defined byt the County. Municipalities: shall retain the authority to applyf fors state construction grants and to receive gifts, funds or bequests intended for use solely at an individual Participating Library. All monies, property or funds granted to the Cooperative shall be the property of the Cooperative, subject to termination provisions as seti forth ini this Agreement. Any monies, property, or funds granted to municipalities for the benefit of a Participating 15. FISCAL RESPONSIBILITY: All funds administered by the Cooperative Coordinator shall be audited with the County's independent audit annually, which audit shall be prepared and Upon request, the Cooperative Coordinator shall furnish to each Participating Governing Body, within thirty (30) days following the previous period a written quarterly report regarding the use and expenditure of funds under the control of the Cooperative. Reports shall include quarterly revenues by source and expenditures by object code, year-to-date expenditures by object code, and the balance for the fiscal year; form to be determined by the Cooperative. Upon request, the governing body of each Participating Library shall furnish to the Cooperative Coordinator, within thirty (30) days following the previous period, a written quarterly report regarding the use and expenditure of funds, as they relate to library functions, under the control of the Participating Governing Body. Reports shall include quarterly revenues by source and expenditures by object code, year-to-date expenditures by object code, and thel balance fori the fiscal year; form to be determined by the Cooperative. 16. APPROPRIATION OF PARTICIPATING MUNICIPALITY FUNDS: There is reserved to the Participating Municipalities the sole and exclusive discretion to determine the amount of annual appropriations from their own revenues and sources for the provision of library services. However, minimum support at the level of funding appropriated prior to entering the Cooperative isi recommended for Participating Municipalities.s Subject toi that reservation, Participating Municipalities agree to expend funds using the Okaloosa County Public Library 17.APPROPRIATION AND. ALLOCATION OF OKALOOSA COUNTY FUNDS: The County shall provide at a minimum $902,674 for the period beginning October 1, 2024 and ending September 30, 2025. The amount to be provided by the County will be determined by the approved county budget with the basic agreement being revised by amendment accordingly. The Cooperative's Governing Board shall disburse funds received by the County's allocation as a) At a minimum $329,995 of the monies allocated by the County shall be used for administrative operations and cooperative-leve! purchasing for members. b) At a minimum $607,572 of the monies allocated by the County shall be distributed to Participating Municipalities with Libraries according to the following guidelines and formula: Spending calculations and productivity statistics shall be based on those from two years  Library shall remain the property of the Participating Library.  presented to the Governing Board.  Cooperative Strategic Plan as a guide for library service development.  follows:  Construction funds are expressly prohibited.    prior to the allocation period.  Spending shall mean total audited expenditures of a library.  Percentages shall be derived from totaling statistics of the member municipal libraries. (1) Thirty percent (30%) divided equally among participating municipalities with (2) Fifty percent (50%) based on productivity, which consists of circulation and (3) Ten percent (10%) based on funds expended through the library budget on (4) Ten percent (10%) willl be based oni funds expended through thel library budget on, collection, which includes books, AV materials, databases, and periodicals. Distribution shall be based on submittal of annual operating costs with descriptive codes in accordance with the state chart of accounts. Funds received by the Cooperative shall be disbursed within a reasonable time (not to exceed 90 days) after receipt. The disbursement formula shall be reviewed by the Governing Board for modifications deemed appropriate following review of data collected indicating the number of users for each library and/or use ofeach library's collection. Any change to the allocation formula will require a modification or amendment to this Agreement and execution by each Participating Governing Body. In the event of a member library's unplanned closure and/ or significantly reduced services for at least one week of operation, the member's productivity statistics may be adjusted as For a period of one week up to three weeks, calculate a weekly average based upon For a period exceeding three weeks, substitute the numbers from the previous year for A member library's request to adjust productivity statistics must be approved by the Ina addition to the financial contribution oft the County, it shall provide, as additional in-kind Fiber optic connectivity, network hosting and administration, firewall and: security management, server management, Help Desk services, support of standardized equipment and software configurations, email addresses and network access for library ITwill maintain two networks for library operations, one for library staff use and one for public access at libraries that elect to use the county fiber optic network. Network: and computer maintenance and administration as well as end-user assistance will be provided on the library staff network. Computers on the public access network provided by the county will be maintained by! IT; assistance to end users on the public access  libraries transits lost.  personne/staffing, which includes salary and benefits.  follows:  numbers from the previous or succeeding week in the same month.  the corresponding month(s).  Governing Board.  support of the Cooperative, the following:  staff.    network will not be provided by IT. In order to provide network support, member cities agree to allow access to maintained equipment on-site at the libraries. Other technical requirements of the Cooperative, toi include licensing fees, software fees, purchase of hardware, equipment and peripherals, remain the responsibility oft the Cooperative and/or member libraries. Only equipment purchases or leases that are  coordinated through IT will be eligible for support.  18. LIBRARY USE: Non-resident user fees will be waived for active duty military members and 19. TRAINING: Participating Libraries shall close their facilities on one weekday per year for Cooperative-wide staff training activities. The date for the training day will be determined 20. ADDITIONAL RESPONSIBILITIES OF PARTICIPATING GOVERNING BODIES: Participating Governing Bodies shall abide by all state and federal laws, and specifically those relating to the provision of library services; Participating Governing Bodies shall retain local autonomy and control of the operations and functions of its participating library, except where Participating Governing Bodies have ceded authority to the Cooperative Governing Board 21. SOVEREIGN IMMUNITY: The parties further agree that nothing contained herein is intended to nor shall be construed a waiver of County's, Crestview's, Destin's, Fort Walton Beach's, Mary Esther's, Niceville's, or Valparaiso's rights and immunities under Florida Constitution, common law or Section 768.28, Florida Statutes, as amended from time to time. 22. INSURANCE: The Cooperative and Participating Governing Bodies shall provide, pay for, and maintain in force at all times during this Agreement insurance to cover its respective buildings, contents and vehicles, workers' compensation, liability and any other insurance 23. MODIFICATION OF AGREEMENT: Modifications, amendments, or alteration of the terms or conditions contained herein shall be effective when submitted in a written document executed by the parties hereto, with the same formality, and of equal dignity herewith. 24. NOTICE: All notices, demands, or other writings required to be given or made or: sent in this Agreement, or which may be given or made or sent, by any party to the other, shall be deemed tol have fully given or made or sent. when in writing and addressed to:  their dependents who are résidents of Walton or Santa Rosa counties.  each year by a consensus of the Library Directors' Council.  through this agreement.  required by law.    CITY OF CRESTVIEW CITY MANAGER City of Crestview P.O. Box 1209 Crestview, FL. 32536 CITY OF MARY ESTHER CITY MANAGER City of Mary Esther 195 Christobal Road Mary Esther, FL. 32569 CITY OF VALPARAISO CITY CLERK City of Valparaiso 465 Valparaiso Parkway Valparaiso, FL. 32580  CITY OF DESTIN CITY MANAGER City of Destin 4200 Indian Bayou Trail Destin, FL. 32541 CITY OF NICEVILLE CITY MANAGER City of Niceville 212 Partin Drive Niceville, FL. 32578  CITY OF FORT WALTON BEACH CITY MANAGER City of Fort Walton Beach 107 Miracle Strip Parkway Fort Walton Beach, FL. 32549 OKALOOSA COUNTY COUNTY. ADMINISTRATOR 1250 N. Eglin Parkway Suite 100 Shalimar, FL. 32579  25. ENTIRE. AGREEMENT: This Agreement embodies the entire agreement between the parties. Itn may not be modified ort terminated except as provided herein. Ifany provision! herein is invalid, its shall be considered deleted therefore, and shall not invalidate the remaining provision. 26. GOVERNING LAW: The parties intend that this Agreement and the relationship of the parties shall be governed by the laws of the State of Florida. Venue for any action arising out of this Agreement between the parties shall be exclusively in Okaloosa County, Florida and nowhere 27. PUBLIC RECORDS: All parties are subject to the public records law. If any of the parties have questions regarding the application of Chapter 119, Florida Statutes, regarding their duty to provide public records relating to this Agreement, contact the custodian of public records at Okaloosa County Risk Manager, 302 N. Wilson St., Crestview FL 32536; Phone: (850)689-5977.  else.  IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on  the respective dates under each signature.    CITY OF VALPARAISO ATTEST: (Title):  Title  This day of  2024    COOPERATIVE GOVERNING BOARD  ATTEST:  Nathan D. Boyles, Chairman Okaloosa County Public Library Cooperative This day of_  (Title): Vicky Stever, Coordinator, OCPLC  2024  OKALOOSA COUNTY ATTEST:  J.D. Peacock, II (Title): Clerk of Circuit Court  Paul Mixon, Chairman Board of County Commissioners This  day of  2024  Approved as tol Form  Lynn M. Hoshihara, County Attorney    COMTRACTCI218S40 OKALOOSA LIBLANYCOUPERATIVE FISCAL AGENT MOU EXPIRES: INDEFINITE  Menorandun ul L nderanding (MOI) wNwtw ia Tataly C Arie  hn. sl  1h MadufeGaa Awat 5, Ib Hasi  AIrcLE wrT- lid UEb-is biv Disarythyn A fan aith lh timpslatss alia Mniw MrCAIISANENTNe Tgingi ii ihis M 1 Inibds ih Hesi. the livduanl Int'  Cgel  1sin in arlae ul dhb mast' Sul. SEw.1gEw s v MalgatlwwAs hrgria atTs wdfwadaig- at ans dierane (e uitn Buns dult bthnt t sclabign i5a.1 Tel jor m. bSXI-  lh M hallbslrws. mpaus iar TPT-Ra Besrle" l vilap! khl in! hs l ene tsten wylelh. kh ahrhe  haals, lt NINlsl 1N I ih  is Couuly MhmaMANS  thisan bhosat Cu Dehla IAastsaiy, Sot  :. CZad. Ths Je. Acmmd.tlwim GAst I si suner  Mst  Aa- A 16f Wallymi uwne    ORDINANCE NO. 740  AN ORDINANCE OF THE CITY OF VALPARAISO, FLORIDA PROHIBITING: PUBLIC CAMPING OR SLEEPING WITHIN CITY BUILDINGS OR CITY GROUNDS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on October 1, 2024, Florida Statute 125.0231, setting forth rules related to public camping and public sleeping went into effect and became  the law in Florida; and  WHEREAS, the intent in adoption of F.S. 125.0231, was to advance the health, safety, welfare, quality oflife, and aesthetics of Florida communities while simultaneously making adequate provisions for the homeless population of the  state; and  WHEREAS, under F.S. 125.0231, a municipality may not authorize or otherwise allow any person to regularly engage in public camping or sleeping on any public property, including, but not limited to, any public building or its grounds and any public right-of-way under the jurisdiction of the municipality,  except as provided for in state law;  WHEREAS, failure of a municipality to follow F.S. 125.0231, can subject municipalities to civil actions from resident and business owners to enjoin unlawful conduct and award costs and attorney fees in such suits against the  municipality; and  WHEREAS, the United States Supreme Court has recently in the City of 2024) held that laws such as F.S. 125.0231 do not violate constitutional rights  Grants Pass, Oregon U. Johnson, et. al., 603 U.S.  Case No. 23-175 (June 28,  ofhomeless individuals; and  WHEREAS, the City Commission of Valparaiso finds that it is appropriate to enact and where necessary amend its ordinances to align with F.S. 125.0231, toj protect the health, safety, welfare, quality of life and aesthetics of Valparaiso, Florida and prohibit public camping or sleeping on any municipally owned facility, ground, or right of way unless specifically designated as public camping  for recreational use.  NOW, THEREFORE, BE IT ORDAINED by the City Commission of the SECTION 1. The WHEREAS' clauses above are true and correct and SECTION 2. The Commission creates Section 74.7 - Prohibition of Public Camping and Sleeping on Public Property in its municipal code of ordinances for the City of Valparaiso, Florida, Chapter 74, Article I, which shall read as follows:  City of Valparaiso, Florida as follows:  incorporated herein as the legislative findings of the City Commission.    (Note: strikethrough language deleted, underline language added)  Chapter 74 - Article I  Sec. 74-7. - Prohibition of Public Camping and Sleeping on City Property. (a). It shall be unlawful for any person to publicly camp or sleep in any City ofValparaiso owned building, grounds, city park, or right-of-way unless specifically designated for public camping and sleeping for recreational (b) For purposes of Sec. 74-7,city owned "grounds" shall include the entire parcel of land owned by the City of Valparaiso where any city owned building is located and includes all areas including sidewalks, paved (c) For purposes of Sec. 74-7, city owned right-of-way' shall include any lands owned, dedicated, or controlled by the City of Valparaiso asa right-of-way including sidewalks, streets, roadways, and medians.  purposes by the City of Valparaiso.  and unpaved areas of the land.  (d) "Public camping or sleeping" means:  i) Lodging or residing overnight in a temporary outdoor habitation used as a dwelling or living space and evidenced by the erection of a tent or other temporary shelter, the presence of bedding or pillows, or ii) Lodging or residing overnight in an outdoor space without a tent or iii) Sleeping for extended periods but which do not involve overnight stays with or without a temporary shelter and with the presence of bedding or pillows or storage of personal belongings is also prohibited  the storage of personal belongings: or other temporary shelter.  under this section.  (e) The term "Public camping or sleeping" does not include: i) Lodging or residing overnight in a motor vehicle that is registered, insured, and located in a place where it may lawfully be. ii) Camping for recreational purposes on property designated for such  purposes.  SECTION 3. The Commission amends Section 58-5(b) as follows:  (Note: strikethrough language deleted, underline language added)  Sec. 58-5. - Igniting fires; Public camping.  (b) Overnight Public camping. It shall be unlawful for any person to camp in any park or other public place, city owned building, grounds or right-of-way unless specifically designated for public camping and sleeping for recreational purposes by the City of Valparaiso. See also Sec. 74-7. - Prohibition of Public Camping    and Sleeping on City Property. Sesampmen-te-dwal, reside-within-eF Kgeren-.w:wei, reoreationalvehiele,aarehdiraierptmt,hus,ertemporagy-ghelere) for temporary or permanent habitation or housing; andte RCEPEPeIPAeTNa fiepcampingparepherapheralia-ineludes, butnot limited-to,-tarpatarpatulins,-eets, beds,-sleeping bags, hammoeks,OF-nen-eity  desigmated-eookingaclitesandsinlsimHarequpment,  SECTION 4:  SEVERABILITY  The various parts, sections and clauses of this ordinance are hereby declared to be severable. Ifany part, sentence, paragraph or section or clause is adjudged to be unconstitutional ori invalid by any court ofcompetentpurisaicton,  the remainder of the ordinance shall not be affected thereby.  SECTION 5:  CONFLICTS  City Council directs that upon this Ordinance taking effect that all sections or parts of sections of the Code of Ordinances, City of Valparaiso, Florida, or parts of any resolutions in conflict herewith are hereby repealed to the extent of  such conflict. SECTION 6.  CODIFICATION.  The City Commission intends the sections of the Ordinance are to be made a part of the City of Valparaiso's Code of Ordinances and may be renumbered or re-lettered, and the word "ordinance" may be changed to "section" or "article" or any other appropriate word to accomplish the City Commission's intent.  SECTION 7.  EFFECTIVE DATE  This ordinance shall become effective upon passage by the City  Commission and signature by the Mayor.  ADOPTED IN SESSION THIS  DAY OF  2024.  Hubert B. Smith Mayor  ATTEST:  Tammy Johnson, CMC City Clerk  Ordinance No. 739    RESOLUTION NO. 26-10-14-24  A RESOLUTION AMENDING THE FISCAL YEAR 2024 BUDGET OF THE CITY OF VALPARAISO, FLORIDA; DUE TO AN INCREASE IN EXPENDITURES IN THE ARPA (AMERICAN RESCUE PLAN ACT) FUND AND THE HALF CENT SALES TAX FUND; AUTHORIZING REVISIONS TO BE MADE TO THE MONTHLY FINANCIAL STATEMENTS AND PROVIDING AN  EFFECTIVE DATE.  WHEREAS, the annual budget is an estimate of anticipated expenditures WHEREAS, the City Commission deemed it in the best interest of the city to use ARPA and Half Cent Sales Tax Funds along with grant funds to improve the existing boat ramps and access docks at Lincoln Park, and WHEREAS, the City Commission deemed. it in the best interest of the city to NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF Section 1. The amended budget for the fiscal year commencing 1  adopted by the commission, and  use Half Cent Funds to pave Adams Avenue. THE CITY OF VALPARAISO, FLORIDA THAT:  October 2023 which is incorporated by reference and made a part hereof, is hereby officially adopted.  Section 2. The FY 2024 Budget and corresponding monthly financial  statements are amended as follows:  ARPA Fund  Capital Docks & Piers Account No. 03-41-572.621.02 Increase budgetary expense figure from $ 0 to 564,020 Funds will be taken from the ARPA Cash Fund Account No. 03-00-131.000.01 Half Cent Sales Tax Fund  Capital Docks & Piers Account No. 05-41-572.621.02 Increase budgetary expense figure from $ 0 to 100,500 Capital Street Paving Account No. 05-10-541.636.02 Increase budgetary expense figure from $ 0 to 271,775 Funds will be taken from the Half Cent Cash Fund  Account No. 05-00-131.000.01    Section 3. This Resolution is effective upon adoption.  PASSED AND ADOPTED THIS 14TH DAY OF OCTOBER 2024.  Hubert B. Smith Mayor  ATTEST:  Tammy Johnson, CMC City Clerk    POLY  October 1, 2024 Mayor Hubert B. (Brent) Smith City of Valparaiso 465 Valparaiso Pkwy Valparaiso, FL 32580 Dear Mayor Smith,  Poly, Inc. remains the designer of record fori the Valparaiso City Hall Renovation project and has been contracted to provide design and construction phase services for the project. It is our understanding that the City of Valparaiso City Council unanimously approved Resolution No. 13-07-08-24 on July 8, 2024, which approved the revised floor plan drafted by Poly staff, based on the changed conditions and proposed changes at that time. It was further understood from the direction of the Council at the meeting that Poly staff was to complete revised design documents, including construction plans and specifications for the revised floor plan (excluding any structural components of the project) to facilitate the City bidding the remaining renovation of the building in one contract. All structural drawings and specifications were to be provided by the City's new structural engineer, understood to be Mr. Mike Newell of Gulf Coast Engineering and subsequently incorporated into a complete bid packet by Poly staff. After approval oft the resolution approving the new floor plan, as Poly's Architect for the project, Ischeduled Mr. Brandon Smoak, P.E., the MEP (mechanical, electrical and plumbing) designer of record to inspect the building and report needed changes to complete the redesign. Part of his task was to ensure the health and safety standards Mr. Smoak and Ir met onsite in early August, and he provided a summary of his findings to Poly, which were then forwarded to the City Clerk and the Mayor for distribution to the other Council members on August 25, 2024. His report included some items that were merely recommendations, however several items are required to meet Florida Building Codes for Commercial Buildings. Inj particular, the following items must be addressed prior to completion of updated MEP drawings to be included in the final bid packet for  for the building occupants are met once the project is completed.  the project:  Sprinklers does the existing sprinkler system have sufficient capacity to serve the enlarged fire area int the building? New fire system hydraulic calculations should be performed to include new second floor space requirements.  J02Sunserlane Shalimar, Floridn32579  Ph 850.609.1100- Fax 850.609.1101 wspolvr.cont  Post Ofice Dox 841 Shalimne, Florida 32579    HVAC Unit AHU-6 - the return path of this unit has been cut off due to installation of second level. The HVAC system can't return air through a path of HVAC Unit AHU-4 conflicts with the new stairs and must be relocated ora substitution for its loading made. Also, this system can't return air through a path New HVAC loads for the expanded square footage in the building need to be Verification of electrical load for the expanded square footage in the building, per NEC 220.87, via electrical load analysis, should be completed to ensure the increased load that will be imposed due to the new HVAC equipment required for Itis our understanding that the report was discussed "off the record" at a City Budget meeting on August 26, however there is no reflection of any direction for MEP changes/updates in the minutes oft the meeting. Note that neither the City Engineer nor Attorney were in attendance at this workshop as they don't normally attend budget As discussed in earlier correspondence with City officials, Poly, Inc. wishes to provide a building design that is safe and cost effective for the City of Valparaiso, while abiding by State codes, rules and regulations during construction. At this juncture, we request that the City accept at a minimum, the required MEP changes/updates listed above from Mr. Smoak's report by signature below and return of the signed document to Poly staff. Upon this approval, Poly will complete the revised drawings and specifications (other than any structural components) to complete the renovation oft the building based on the new floor plan approved on July 8, 2024. Please let us know as soon as possible if you have any questions or need any further information to discuss the path to the finish for this project.  egress per code.  of egress at this location, per code. determined and addressed.  new upstairs area is accounted for.  workshops.  Sincerely, Clayton M. Wilks Principal Architect Poly, Inc.  Approval of recommendations/upgrades required in MEP report submitted to the City of  Valparaiso by Mr. Brandon Smoak, PE on August 25, 2024.  Signed by  Date:  Hubert B. Smith, Mayor    POLY  August 13, 2024 Clay' Wilks Project - Valparaiso City Hall Valparaiso, FL  Subj: 08/01/2024 - Site Visit-Observations/Recommendations of Mechanical and Electrical Systems  To whom it may concern:  A site visit was conducted at the project site on 08/01/2024 to observe existing conditions related to deviations in construction from the original plans. Please see observations and recommendations below:  Mechanical system observations: 1. AHU-1 thermostat not observed degrees at time of visit.  2. AHU-2 thermostat was set to 74 degrees, but the temperature ini the: space was 77  AAZ se 201  a.  3. AHU-3 thermostat was set not powered up att time of visit.  a.  4. AHU-4 thermostat was set to 74 degrees, but thet temperature int the space was 78  degrees at time of visit.  1935 Headland. Avenue Dothan, Alabama 36303  Ph 334.793.4700 Fax 334.793.9015 www.poly-inc.com  Post Officel Box 837 Dothan, Alabama 36302    POLY  AAU-M S o6  a.  5. AHU-5 thermostat not powered up at time of visit. a. No Photograph taken oft thermostat  6. AHU-6 thermostat was set to cool at 74 degrees. The temperature in the space was 75  degrees at time of visit.  a.  7. AHU-7 thermostat was set to cool at 74 degrees, but the temperature int the space was  79 degrees at time of visit.  lhy ndl  a.  1935Headland. Avenue Dothan, Alabama 36303  Ph 334.793.4700: Fax 334.793.9015 www.pol-inccom  Post Officel Box 837 Dothan, Alabama 36302    POLY  8. AHU-8 thermostat was set to cool at 74 degrees, but the temperature ini the space was  80 degrees at time of visit.  AHu-8 chume HoneywellHome  a.  9. AHU-9 thermostat was set to cool at 74 degrees, but the temperature in the space was  80 degrees at time of visit.  E  a.  10. AHU-10 thermostat was holding its temperature setpoint at time of visit.  Anu- fo dh DaL  a.  19351 Headland. Avenue Dothan, Alabama 36303  Ph3 334.793.4700 Fax 334.793.9015 www.poly-inc.com  Post Officel Box 837 Dothan, Alabama 36302    POLY  11. AHU-6. AHU has al leak. It appears the leaki is related to condensate off the coil leaking from the drip pan in the unit. This moisture is leaking out of the unit and onto the framing the unit is sitting on. There is visible growth on the exterior oft the unit. It is likely  there is growth inside the unit as well.  a.  12. It appears that the VAV boxes located throughout the building's HVAC ductwork are abandoned in place and no longer in use. It also appears that the Envirotec temperature control boxes located next to the AHU's are not powered up nor in use.  a.  19351 Headland Avenue Dothan, Alabama 36303  Ph 334.793.4700 Fax 334.793.9015 www.poly-inc.com  Post Office Box 837 Dothan, Alabama 36302    POLY  13. AHU-4 is located directly where the new stairs willl be located, which route from the second floor to the first floor. The following items will need tol be relocated/removed:  a. AHU-4  b. Refrigerant piping for AHU-6, AHU-5, and AHU-4. Supply air and return air ductwork for AHU-4  d. AHU-6 conditions the mechanical room via the small ductwork in the foreground/top part of the below photograph. This will likely need to be relocated; however, with the recommendation to remove/relocate. AHU-6, this report recommends a mini-split unit be installed in the second-floor mechanical  room to condition this space.  ftam AMy- REERV  19351 Headland Avenue Dothan, Alabama 36303  Ph334.793.4700- Fax 334.793.9015 ww.poly-inc.com  Post Officel Box 837 Dothan, Alabama 36302    POLY  14. AHU-6is a 10-ton split system air conditioning system that is located in the second floor mechanical room. It wasi intended to condition the atrium and first floori teller area. 15. Existing ductworki is open toi the construction environment, which can lead to dust, etc  being allowed into the existing ductwork system.  a.  1935 Headland Avenue Dothan, Alabama 36303  Ph 334.793.4700- Fax 334.793.9015 www.poly-inc.com  Post Officel Box 837 Dothan, Alabama 36302    POLY  Mechanical system Recommendations:  1. With the second floor now entirely filled in, the original HVAC design will not work for areas affected. Recommend demolishing AHU-6 and AHU-4 and replacing with a new, properly sized unit to: serve the first floor area located beneath the new: second floor above. This recommendation compliments the work related toi installation of a new stairwell ini the location where AHU-4 is currently located. See Item #13 above fora a photograph depicting, the existing conditions affected by this situation. 2. With the: second floor' AgWe entirely filled in, there is no HVAC to: serve the second floor space. Recommend providing a new HVAC: system to: serve the second floor. 3. With the removal oft the atrium, there is no need for the smoke evacuation system. Recommend de-commissioning this equipment and capping off all openings. 4. With the creation of a second floor in the building, the fire area of the building has increased. Recommend that ai fire flow test be obtained to ensure that the existing fire main can still sufficiently serve the fire water demand oft the modified building. 5. Recommend that newi fire system hydraulic calculations be pérformed duet toi the required modifications to the fire sprinkler system, due to the creation of the second a. The originally calculated system demand for the building was 162 GPM at a  floor.  residual pressure of 37 PSI. See photograph below:  HYDRAULIC = SYSTEW This building is protected byaHydraullcally Designed Automatic S rinkler System  INCOMING MAw  lcation dis Sprinklers SEOfD Design 010 0 em AGE Demand 62  Vanguard Dank  6. Recommend that all HVAC: systems be cleaned and: services bya a qualified professional.  1935Headland Avenue Dothan, Alabama 36303  Ph 334.793.4700- Fax. 334.793.9015 www.polv-inc.com  Post Officel Box 837 Dothan, Alabama 36302    POLY  7. Recommend that alll HVAC: systems be investigated to determine why thei thermostats 8. Recommend that all HVAC: system ductwork bej professionally cleaned bya a certified 9. Exterior condensing unit #2 was.manufactured in 1992. Iti is beyond its recommended 10. Exterior condensing unit #10M epla Masmanufactured in 1997. It is beyond its recommended 11. The age ofe exterior condensing unit #6 could not be verified. Recommend that the unit be cleaned and: serviced by a qualified professional to ensure sufficient operation. 12. Exterior condensing unit épatmgufactured) in 1995. It is beyond its recommended 13. Exterior condensing unit #4 was manufactured in 2019. The unit is only 5 years old. Recommend that the unit be cleaned and sèrviced by a qualified professional to ensure 14. Exterior condensing unit #3 was manufactured in 2022. The unit is only 2 years old. Recommend that the unit be cleaned and serviced by a qualified professional to ensure 15. Exterior condensing unit #8 was manufactured in 2020. The unit is only 4 years old. Recommend that the unit be cleaned and serviced by a qualified professional to ensure 16. The age of exterior condensing unit #9 could not be verified. Recommend that the unit be cleaned and serviced by a qualified professional to ensure sufficient operation.  are not maintaining setpoint temperatures.  professional.  replacing,  useful life. Recommend placing HVAC system with new. useful life. Recommend placing HVAC: system with new.  useful life. Recommend placing HVAC system with new.  sufficient operation. sufficient operation. sufficient operation.  1935Headland. Avenue Dothan, Alabama 36303  Ph3 334.793.4700 Fax3 334.793.9015 www.polv-inc.com  Post Office Box 837 Dothan, Alabama 36302    POY  Electrical system observations:  1. Anew electrical panel isi installed adjacent toi the first floor electrical room. It appears to 2. There are between 5-10 electrical conduits that will require elocation/ferouting due to the installation oft the new: stairwell that will route through the existing 2nd floor  have been installed per applicable codes, etc.  mechanical room.  Electrical System Recommendations:  1. The peak demand reading from the existing electrical meter needs to be obtained. An electrical load analysis needs to be performed of the existing building, in accordance with the requirements oft the National Electrical Code article 220.87, to ensure that the existing electrical system is still sufficiently: sized to serve the increased load that will be imposed on the system due to the new HVAC equipment needs to bei installed in the  building to serve the newly-created upstairs area.  Should you have any questions or require any additional information, feel free to call me at 334-944-2482.  Sincerely, Poly, Inc.  DON. M. No. 92958 STATE OF ONAL 08/13/2024  Brandon MS Smoak Digitallys Smoak signedbyBrandonM Brandom Smoak, PE Engineer BMS/bs  This item has been signed and sealed by BRANDON M: SMOAK on the date adjacent Printed copies of this document: are not considered tol be signed and sealed and the signature must be verified on any electronic  DAt-202408131556054 0500  to the seal.  copies.  1935 Headland. Avenue Dothan, Alabama 36303  Ph3 334.793.4700 Fax334.793.9015 www.poly-inc.com  Post Officel Box 837 Dothan, Alabama 36302    ORDINANCE NO. 735  AN ORDINANCE OF THE CITY OF VALPARAISO, FLORIDA AMENDING ITS ZONING MAP; PROVIDING FOR A PURPOSE; PROVIDING FOR A ZONING CHANGE TO .34 ACRES MOL OF LAND FROM R-1A, SINGLE FAMILY RESIDENTIAL TO PROVIDING FOR ZONING MAP AMENDMENT, AND PROVIDING FOR AN EFFECTIVE DATE.  C-1,  COMMERCIAL  DISTRICT  LIMITED:  WHEREAS,the City of Valparaiso has the authority to enact this ordinance  changing its Zoning Map in accordance with the Land  Development Code; and categories; and  WHEREAS,this zoning change is compatible with adjacent land use WHEREAS,the Planning Commission conducted a PUBLIC HEARING using  quasi-judicial procedures on 06 August 2024 to address rezoning that part of the City of Valparaiso, identified as 431 Edge Avenue, Parcel Number 121523140-000-0162 Plat 7, from R-1A, Single Family Residential, to C-1, Commercial District  Limited; and  NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF  THE CITY OF VALPARAISO, FLORIDA:  1. That the Zoning Map of the city is hereby amended by changing the zoning district of the property described above from Single Family Residential (R-1A) to Commercial District Limited (C-1). The parcel location is indicated in Exhibit A, which is attached hereto and made a part hereof. The parcel is specifically described as Plat 7, Block 1, Lot 16, located at 431  Edge Avenue, containing .34 acres, more or less.  2. Effective Date  This ordinance and the zoning map shall become effective simuitaneously  with final adoption of Ordinance No. 736. ADOPTED IN SESSION THIS  DAY OF  2024.  Hubert B. Smith Mayor    Ordinance No. 735  Exhibit A  147    Business Impact Estimate  This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered andi must be posted on the City's website by the time notice of the  proposed ordinance is published.  Proposed ordinance's title/reference: Ordinance No. 735  AN ORDINANCE OF THE CITY OF VALPARAISO, FLORIDA AMENDING ITS ZONING MAP; PROVIDING FOR A PURPOSE; PROVIDING FOR A ZONING CHANGE TO .34 ACRES MOL OF LAND FROM R-1A, SINGLE FAMILY RESIDENTIAL TO C-1, COMMERCIAL DISTRICT LIMITED: PROVIDING FOR ZONING MAP AMENDMENT, AND PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. Ifone or more boxes are checked below, this means the City of Valparaiso is of the view that a business impact estimate is not required by state law' for the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. The proposed ordinance is required for compliance with Federal or State law or  regulation;  D The proposed ordinance relates to the issuance or refinancing of debt; D The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; The proposed ordinance is an emergency ordinance; X The proposed ordinance is enacted to implement the following:  LJ  D The ordinance relates to procurement, or  a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community C. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.  development districts;  1See Section 166.041(4)(c), Florida Statutes.  1    ORDINANCE NO. 736  AN ORDINANCE OF THE CITY OF VALPARAISO, COMPREHENSIVE PLAN; PROVIDING FOR PURPOSE; PROVIDING FOR LAND USE CHANGE TO 34 ACRES OF LAND MOL; PROVIDING FOR FUTURE LAND USE MAP AMENDMENT, AND PROVIDING FOR AN EFFECTIVE DATE.  FLORIDA  AMENDING  ITS  ADOPTED  WHEREAS, the City of Valparaiso has the authority to enact this ordinance changing  its Comprehensive Plan in accord with Chapters 163. 3187, 166.021, and 166.041 Florida Statutes, and the adopted Comprehensive Plan,  Section 7.07; and  WHEREAS, this small scale amendment to the Comprehensive Plan is compatible WHEREAS, the Planning and Advisory Board conducted a PUBLIC HEARING using  with adjacent land use categories; and  quasi-judicial procedures on 06 February 2023 to address amending the Future Land Use Map in that part of the City of Valparaiso, identified as Plat 7, Block 2, Lot-16, from Low Density Residential to Commercial;  and  WHEREAS, the City Commission sitting as the Local Planning Agency conducted a  PUBLIC HEARING on 12 August 2024 on said amendment to the Future  Land Use Map.  NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY  OF VALPARAISO, FLORIDA:  1. That the Future Land Use Map of the adopted Comprehensive Plan is hereby amended by changing the Future Land Use category of the parcels described above from Low Density Residential to Commercial. The parcel location is indicated in  Exhibit. A, which is attached hereto and made a part hereof.  2. Effective Date  This ordinance and plan amendment shall become effective thirty-one (31), days after adoption on second reading by the City Commission, unless the amendment is challenged pursuant to Section 163.3187, F.S. If challenged, the effective date shall be the date a Final Order is issued by the Department of Community Affairs or the Administration Commission finding that the amendment is in compliance in accordance with Section 163.3184 F.S. If applicable, the provisions of Section  163.3189(2)(b), F.S. also govern this ordinance.  ADOPTED IN SESSION THIS  DAY OF.  2024.  Hubert B. Smith Mayor  ATTEST:    Ordinance No. 736  Exhibit A  147    Business Impact Estimate  This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City's website by the time notice of the  proposed ordinance is published.  Proposed ordinance's title/reference: Ordinance No. 736  AN ORDINANCE OF THE CITY OF VALPARAISO FLORIDA AMENDING ITS ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR PURPOSE; PROVIDING FOR LAND USE CHANGE TO .34 ACRES OF LAND MOL; PROVIDING FOR FUTURE LAND USE MAP This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. Ifone or more boxes are checked below, this means the City of Valparaiso is of the view that a business impact estimate is not required by state law' for the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. The proposed ordinance is required for compliance with Federal or State law or The proposed ordinance relates to the issuance or refinancing of debt; The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; The proposed ordinance is an emergency ordinance; The ordinance relates to procurement; or K The proposed ordinance is enacted to implement the following:  AMENDMENT, AND PROVIDING FOR AN EFFECTIVE DATE.  regulation;  a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community C. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.  development districts;  See Section 166.041(4)(c), Florida Statutes.  1    RESOLUTION 18-09-09-24  A RESOLUTION OF THE CITY OF VALPARAISO, FLORIDA, APPROVING THE SHORT FORM OF VALPARAISO AND GULF COAST ENGINEERING COMMERCIAL AND RESIDENTIAL DESIGN, INC.  AGREEMENT  BETWEEN  THE  CITY  OF  WHEREAS, the agreement for services with Gulf Coast Engineering Commercial and Residential Design, Inc. has been received and must be approved by the NOWTHEREFORE, BE IT RESOLVED by the City Commission of the City of  City Commission. Valparaiso that:  1. The Mayor of the City is authorized to sign the agreement on behalf of the City of Valparaiso with Gulf Coast Engineering Commercial and Residential Design, Inc.. in substantially the same form as is attached as Exhibit "A" and presented to the Commission today with such changes, insertions, or omissions as may be  approved by the Mayor.  THIS RESOLUTION SHALL BECOME EFFECTIVE UPON ADOPTION.  PASSED AND ADOPTED THIS  DAY OF  2024.  Hubert B. Smith Mayor  ATTEST:  Tammy Johnson, CMC City Clerk    Gulf Coast Engineering Commercial & Residential P.O. Box 4915 Fort Walton Beach, FL32549 Cell(850) 865-0898 Ofice(850)864-3100 mkenewel089e@gmal.con City of Valparaiso 465 Valparaiso Parkway Valparaiso, FL, 32580  October 9,2024  Re: Declaration for SelfInsured for] Engineering Services  Dear City Manager:  This letter ist to affirm that Gulf Coast Engineering is self-insured for engineering services to be provided for the City ofValparaiso. Our limits for errors and omission are set at $250,000.00. Ifthis acceptable, please confirm with our office. Ifyou have any questions or desire further information, please contact me at your earliest  convenience. Sincerely,  Michael D. Newell, P.E.    SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES  This is an Agreement between City of Valparaiso, Florida (Owner) and Gulf Coast Engineering Commercial and Residential Design, Inc. (Engineer). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as New Valparaiso City Hall (Project). Engineer's services under this Agreement (Services) are generally identified as provide all structural engineering services necessary for renovations at 23 John Sims Pkwy, Valparaiso, FL, including the preparation of all structural plans to include the elevator shaft and addition of the second floor and any necessary inspections of the structure.  Owner and Engineer further agree as follows:  1.01 Services of Engineer  A. Engineer shall provide or furnish the Services set forth in this Agreement, and any Additional Services authorized by Owner and consented to by  Engineer in writing.  2.01 Owner's Responsiblities  A. Owner shall provide Engineer with existing Project-related information and data in Owner's possession and needed by Engineer for performance of Engineer's Services. Owner will advise the Engineer of Project-related information and data known to Owner but not in Owner's possession. Engineer may use and rely upon Owner-furnished information and data in performing its Services, subject to any express limitations applicable to the 1. Following Engineer's assessment ofinitially-available Projectinformation and data, and upon Engineer's request, Owner shall obtain, furnish, or otherwise make available (if necessary through retention of specialists or consultants) such additional Project-related information and data as is reasonably required to enable Engineer to complete its Services; or, with consent of Engineer, Owner may authorize the Engineer to obtain or provide all or part of such additional information and data as Additional B. Owner, or its authorized designee shall provide: necessary direction and make decisions, including prompt review of Engineer's submittals, and carry out its other responsibilities in a timely manner sO as not to delay Engineer's performance. Owner shall give prompt notice to Engineer whenever Owner observes or otherwise becomes aware of (1) any relevant, material defect or nonconformance in Engineer's Services, or (2) any development that affects  furnished items.  Services.  the scope or time of performance of Engineer's Services.  3.01 Schedule for Rendering Services  A. Engineer shall complete its Services within the following specific time period: all structural as-built plans provided to Owner within 30-days. All other plans and structural engineering services to be completed within a EICDCPE-520, Short Form ofA Agreement Between Owner and Engineert for Professional Services. Copyright 02020 National Society of Professional Engineers, American Council of Engineering Companies,  and American! Society of Civil Engineers. All rights reserved.  Page 1    reasonable period of time. If no specific time period is indicated, Engineer shall complete its Services within a reasonable period of time. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's Services is impaired, or Engineer's Services are delayed or suspended, then the time for completion of Engineer's Services, and the rates and amounts of Engineer's  compensation, shall be adjusted equitably.  4.01 Invoices and Payments  A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices will include a breakdown of services provided. Invoices are due and B. Payment: As compensation for Engineer providing or furnishing Services and Additional Services, Owner shall pay Engineer as set forth in this Paragraph 4.01, Invoices and Payments. If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing sO, may withhold only that portion sO C. Failure to Pay: If Owner fails to make any payment due Engineer for Services, Additional Services, and expenses within 30 days after receipt of Engineer's invoice, then (1) the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, ifless) from said thirtieth day; (2) in addition Engineer may, after giving 7 days' written notice to Owner, suspend Services under this Agreement. until Engineer has been paid in full all amounts due for Services, Additional Services, expenses, and other related charges, and in such case Owner waives any and all claims against Engineer for any such suspension; and (3) ifa any payment due Engineer remains unpaid after 90 days, Engineer may terminate the Agreement for cause pursuant to Paragraph 5.01.A.2. D. Reimbursable Expenses: Engineer is entitled to reimbursement of expenses only if sO indicated in Paragraph 4.01.E or 4.01.F. If sO entitled, and unless expressly specified otherwise, the amounts payable to Engineer for reimbursement of expenses will be the Project-related internal expenses actually incurred or allocated by Engineer, plus all invoiced external expenses allocable to the Project, including Engineer's subcontractor and  payable within 30 days of receipt.  disputed, and must pay the undisputed portion.  subconsultant charges. E. Basis of Payment  1. Hourly Rates. Owner shall pay Engineer for Services as follows: a. An amount equal to the cumulative hours charged,to the Project by Engineer's employees times standard hourly rates for each applicable billing class, plus reimbursement of expenses incurred in connection b. Engineer's Standard Hourly Rates are attached as Appendix 1. EJCDC E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 020201 National Society of Professional Engineers, American Council of Engineering Companies,  with providing the Services.  and American Society of Civil Engineers. All rights reserved.  Page2    The total compensation for Services and reimbursement of expenses  is estimated to be $4,000.00.  F. Additional Services: For Additional Services, Owner shall pay Engineer an amount equal to the cumulative hours charged in providing the Additional Services by Engineer's employees, times standard hourly rates for each applicable billing class; plus reimbursement of expenses incurred in connection with providing the Additional Services. Engineer's standard  hourly rates are attached as Appendix 1.  5.01 Termination  A. Termination for Cause  1. Either party may terminate the Agreement for cause upon 30 days' written notice in the event of substantial failure by the other party to perform in accordance with the terms oft the Agreement, through no fault a. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 5.01.A.1 if the party receiving such notice begins, within 7 days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30-day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein will extend up to, but in no case more than, 60 days after the date of receipt of 2. In addition toi its termination rights in Paragraph 5.01.A.1, Engineer: may terminate this Agreement for cause upon 7 days' written notice (a) if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional, (b) if Engineer's services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control, (c)if payment due Engineer remains unpaid for 90 days, as set forth in Paragraph 4.01.C, or (d) as the result of the presence at the Site of undisclosed Constituents of 3. Engineer will have no liability to Owner on account of any termination by B. Termination for Convenience: Owner may terminate this Agreement for convenience, effective upon Engineer's receipt of notice from Owner. . Payments Upon Termination: In the event of any termination under Paragraph 5.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement, and to: reimbursement of expenses incurred through the effective date oftermination. Upon making such payment, Owner will have the limited right to the use of all deliverable documents, whether completed or under EJCDCO E-520, Short Form ofA Agreement Between Owner and Engineer for Professional Services. Copyright 02020 National Society of Professional Engineers, American Council of Engineering Companies,  oft the terminating party.  the notice.  Concern as set forth in Paragraph 6.01.1.  Engineer for cause.  and/ American! Society of Civil Engineers. All rights reserved.  Page 3    preparation, subject to the provisions of Paragraph 6.01.F, at Owner's sole 1. If Owner has terminated the Agreement for cause and disputes Engineer's entitlement to compensation for services and reimbursement of expenses, then Engineer's entitlement to payment and Owner's rights to the use of the deliverable documents will be resolved in accordance with the dispute resolution provisions of this Agreement or as otherwise 2. If Owner has terminated the Agreement for convenience, or if Engineer has terminated the Agreement for cause, then Engineer will be entitled, in addition to the payments identified above, to: invoice Owner and receive payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's subcontractors. or subconsultants, and other related close-out costs, using methods and rates for Additional Services  risk.  agreed in writing.  as set forth in Paragraph 4.01.F.  6.01 General Considerations  A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. Subject to the foregoing standard of care, Engineer may use or rely upon design elements and information ordinarily or customarily furnished by others, including, buti not limited to, specialty contractors, manutacturers, B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor will Engineer have authority over or be responsible for the: means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to that Constructor's furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any contractor. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work. D. Engineer's opinions of probable construction cost (if any) are to be made on the basis ofl Engineer's experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from opinions of probable construction cost prepared by Engineer. If Owner requires greater EJCDC E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02020 National Society of Professional Engineers, American Council of Engineering Companies,  suppliers, and the publishers of technical standards.  and Americans Society of Civil Engineers. All rights reserved.  Page 4    assurance as to probable construction cost, then Owner agrees to obtain an E. Engineer shall not be responsible for any decision made regarding the construction contract requirements, or any application, interpretation, clarification, or modification of the construction contract documents, other F. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Engineer grants to Owner a limited license to use the deliverable documents on the Project, extensions of the Project, and for related uses of the Owner, subject to: receipt by Engineer of full payment due and owing for all Services and Additional Services relating to preparation of the deliverable documents, and subject to the following limitations: 1. Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without 2. any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and subconsultants; 3. such limited license to Owner shall not create any: rights in third parties. G. Owner and Engineer agree to transmit, and accept, Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with a mutually agreeable protocol. H. Insurance: Engineer shall at its expense maintain in force during the contract term insurance acceptable to the Owner in an amount no. less than $1million in professional liability insurance and general liability insurance. Engineer shall furnish to the Owner such certificates of coverage and certified copies within 30 days. In order to satisfy this provision, the documentation required by this part must be sent to the City Clerk at 465 Valparaiso Parkway, I. The parties acknowledge that Engineer's Services do not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an unknown or undisclosed Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of Services on the portion of the Project affected thereby until such portion of the Project is no longer affected, or terminate this Agreement for cause ifit is not practical EJCDCO E-520, Short Form of Agreement Between Owner andl Engineer for Professional Services. Copyright 02020 National Society of Professional Engineers, American Council of Engineering Companies,  independent cost estimate.  than those made by Engineer.  written verification or adaptation by Engineer;  and  Valparaiso, FL32580.  to continue providing Services.  and/ American Society of Civil Engineers. Allr rights reserved.  Page 5    J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute will be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. K. This Agreement is to be governed by the laws oft the state in which the Project L. Engineer's Services do not include: (1) serving as a "municipal advisor" for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission; (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances; (3) providing surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements; or (4) providing legal advice or representation.  is located.  7.01 Definitions  A. Construtor-Any: person or entity (notincluding the Engineer, its employees, agents, representatives, subcontractors, and subconsultants), performing or supporting construction activities relating to the Project, including but not limited to contractors, subcontractors, suppliers, Owner's work forces, utility companies, construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them. B. Constituent of Concern-Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), lead based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant tol laws and regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous,  toxic, or dangerous waste, substance, or material.  8.01 Successors, Assigns, and Beneficiaries A. Successors and Assigns  1. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 8.01.A.2 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, 2. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without! limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in EJCDCPE-520, Short Form of Agreement Between Owner andE Engineer for Professional Services. Copyright 02020 National! Society of Professional Engineers, American Council of Engineering Companies,  and obligations of this Agreement.  and American: Society of Civil Engineers. Allr rights reserved.  Page 6    any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this B. Beneficiaries: Unless expressly provided otherwise, nothingin this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. A. This Agreement (including any expressly incorporated attachments) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement: may only be amended, supplemented, modified, or canceled by a duly executed written  Agreement.  9.01 Total Agreement  instrument.  10 Attachments  Appendix 1, Engineer's Standard Hourly Rates Appendix 2, Additional Services  EJCDCO E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02020 National Society of Professional Engineers, American Council ofE Engineering Companies,  and American! Society of Civil Engineers. Alll rights reserved.  Page7    This Agreement's Effective Date is September 9, 2024.  Owner:  Engineer: GULF COAST ENGINEERING COMMERCIAL AND RESIDENTIAL DESIGN_INC. By: Date: Name: Title:  CITY OF VALPARAISO, FLORIDA  (name of organization) (authorized individual's signature)  (name of organization) (authorized individual's signature)  By: Date:  (date signed) (typed or printed) (typed or printed)  (date signed) (typed or printed) (typed or printed)  Name: Hubert B. Smith Title: Mayor Address for giving notices: 465 Valparaiso Pkwy Valparaiso, FL 32580 Designated Representative:  Address for giving notices:  Designated Representative:  Name: Title: Address: 465 Valparaiso Pkwy Valparaiso, FL32580  Name: Title: Address:  (typed or printed) (typed or printed)  (typed or printed) (typed or printed)  Phone: Email:  Phone: Email:  EJCDC° E-520, Short Form of Agreement Between Owner: and Engineer for Professional: Services. Copyright 020201 National Society of Professional Engineers, American Council of Engineering Companies,  and American! Society of Civill Engineers. Allr rights reserved.  Page8    APPENDIX 1  ENGINEER'S STANDARD HOURLY RATES  A. Standard Hourly Rates:  1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraph 4.01 and  are subject to annual review and adjustment.  B. Schedule of Hourly Rates:  Billing Class Engineer  Rate $350/hour  EJCDCO E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02020 National Society of Professional Engineers, American Council ofE Engineering Companies,  and American: Society of Civil Engineers. All rights reserved.  Appendix, Page 1    APPENDIX: 2  ADDITIONAL SERVICES  Project monitoring, inspection services, and reports as requested by Owner. Assist with any bids for the Project that will deal with structural components of  the Project.  EJCDC E-520, Short Form ofA Agreement Between Ownera and Engineer for Professional Services. Copyright 020201 National Society of Professional Engineers, American Council of Engineering Companies,  and American! Society of Civil Engineers. All rights reserved.  Appendix, Page2 2    ORDINANCE NO.737  AN ORDINANCE OF THE CITY OF VALPARAISO, FLORIDA REPEALING ARTICLE VII - HOUSING CODE DIVISION I GENERALDY SECTION 98-162 PROVIDING FOR APPLICABILITY WHEREAS, the City Commission of Valparaiso, Florida has determined that it is in the best interest oft the city and public to repeal Section 98-162 regarding the city taking over certain  SEVERABILITY, ANID. ANI EFFECTIVE DATE.  responsibilities ofhomeowner's: associations that may cease to exist.  NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Valparaiso, Florida that the following section(s) of the city's code of ordinances are hereby  repealed ini their entirety. SECTION 1.1 RECITALS  The: foregoing whereas clauses are: incorporated herein by reference and: made a part hereof.  SECTION: 2. AUTHORITY AND: INTENT Constitution and Chapter 166, Florida Statutes.  The authority for enactment oft this ordinance is contained in Section 2(b), Art. VIII, State  SECTION. 3. REPEAL  The City Commission of Valparaiso, Florida does hereby repeal in its entirety Ordinance No. 375, codified as Section 98-162 Homeowners Associations ini the Valparaiso City Code.  SECTION 4: SEVERABILITY  The various parts, sections and clauses of this ordinance are hereby declared to be severable. Ifany part, sentence, paragraph or section or clause is adjudged to be unconstitutional or invalid by any court of competent jurisdiction, the remainder of the ordinance shall not be  affected thereby.  SECTION 5: CONFLICTING ORDINANCES  City Council directs that upon this Ordinance taking effect that Section 98-162 bei removed from the city codes. All sections or parts ofsections ofthe Code ofOrdinances, City of Valparaiso, Florida, or parts of any resolutions in conflict herewith are hereby repealed to the extent of such  conflict.  SECTION 6: EFFECTIVE DATE  This ordinance shall become effective immediately upon passage.    Business Impact Estimate  This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City's website by the time notice of the  proposed ordinance is published.  Proposed ordinance's title/reference: Ordinance No. 737 APPLICABILITY; SEVERABILITY; AND. ANI EFFECTIVE DATE.  AN ORDINANCE OF THE CITY OF VALPARAISO, FLORIDA REPEALING ARTICLE VIII- HOUSING CODE DIVISION I GENERALLY SECTION 98-162 PROVIDING FOR This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. Ifone or more boxes are checked below, this means the City of Valparaiso is of the view that a business impact estimate is not required by state law' for the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. The proposed ordinance is required for compliance with Federal or State law or The proposed ordinance relates to the issuance or refinancing of debt; The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; The proposed ordinance is an emergency ordinance; The ordinance relates to procurement;, or The proposed ordinance is enacted to implement the following:  regulation;  a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community . Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. Ina accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above applies, the City of Valparaiso hereby publishes the following  development districts;  information:  'See Section: 166.041/4)(c), Florida! Statutes.  1    1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): It is in the best interest of the city and public to repeal Section 98-162 in the Valparaiso Code of Ordinances regarding the city taking over certain responsiblities  of homeowner's associations that may cease to exist.  2. An estimate of the direct economic impact of the proposed ordinance on private, for- (a). An estimate of direct compliance costs that businesses may reasonably incur; None (b) Any new charge or fee imposed by the proposed ordinance or for which businesses (c) An estimate of the Ciys/Townslages, regulatory costs, including estimated  profit businesses in the City, ifany: N/A will be financially responsible; and None No anticipated economic impact.  revenues from any new charges or fees to cover such costs.  3. Good faith estimate of the number of businesses likely to be impacted by the proposed  ordinance: No estimated business impact.  4.A Additional information the governing body deems useful (if any):  NIA  2    ORDINANCE 738  AN ORDINANCE OF TE CITY OF VALPARAISO, FLORHDA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF VALPARAISO, BE AMENDED BY CODFYING CHAPTER 83 WATERWAYS WITH ALL PRESKNTLY ADOPIED CODK LANGUAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND  PROVIDING AN EFFECTIVE DATE  WIHEREAS, the City ofValparaiso is desirous of codifying Chapter 83 Waterways for NOWTHERERORE, BEI IT ORDAINED BY' THE CITY COMMISSION OF THE  conciseness and clarity.  CITY OF VALPARAISO, FLORIDA: strikethrough indicating deleted language. Chapter 83. - WATERWAYS ARTICLEL-IN GENERAL Sec. 83-1.-D Defimitions.  Section 1: That Chapter 83 be amended as follows with underlining indicating new language and  The: following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section; except where the context clearly indicates a different meaning: Boathouse means any structure or building constructed on, as a part of, ori immediately adjacent to aj pier or boat dock, for the purpose of storing a boat and/or associated supplies. Dock and pier means any structure that is built over the water, which may or may not be connected to the shoreline, for the purpose ofi fishing, docking boats or other watercraft and/or Permit means an official document or certificate issued by the authority having jurisdiction over the waterway which authorizes performance ofa specified activity ertifamimisdlyewaPapatmsaflasPsasaslonantAmyCopsa: Engineers-that and certifies that the construction meets both the intent and letter oft this article Regulatory areas are areas on waterways where vessel operation is limited. Restricted areas are areas on waterways where the speed of vessels is limited to "Idle Speed/No Wake". "Vessel Wake" is movement of waves created by the motion ofa vessel. It  swimming.  is the track or path that the vessel leaves behind it.    Substantial. renovations. Renovating or reconstructing: more than fifty (50) per cent of the existing structure or structures. amdlerensiwetinganaitmtpliestsingstchne)taat wouldinerease-the-eistingstmohurebymerethma-asy30percent. All percentages willl be determined int terms ofs square footage of the existing structures and/or proposed construction.  Sec. 83-2.- Operation of boats.  No person shall operate any boat or watercrait, in a reckless, çareless, or dangerous manner sO as to endanger the lives and property of himself or others within the waters ofE Boggy Bayou,  Weekley Bayou, or Tom's Bayou, over which the city has jurisdiction.  Sec. 83-3.- - Speed oflboats.  No boat or vessel shall be operated upon any waterways in the city at a rate of speed which causes waves to damage docks, wharves, seawalls, or boats moored or tied to docks or wharves  along such waterways.  Sec. 83-4.-1 Dockimg of boats or crafts at city-owmed facilities.  Only pleasure boats or crafts are authorized to dock or tie onto city-owned docks, piers, and wharves and commercial boats oT crafts of all kinds and descriptions are expressly prohibited from doing SO except in cases ofe emergency, in which case the docking privilege shall not extend beyond 12 hours. Pleasure boats and crafts shall not dock at such city-owned docks, piers and  wharves for over 24 hours at one time. Sec. 83-5.-1 Restricted areas.  For purposes of] promoting public safety, the chief of police shall establish regulatory areas for boating, skiing and swimming and shall cause to be posted such areas in ai manner to allow the maximum use of the waters with the least danger, and no person shall use such posted waters in a manner contrary to the regulations posted by the city. The following waterways within the city limits of the City of Valparaiso are hereby designated 1) No wake: All of Weekly Bayou within the city limits inside a line between marker 2 and 2) Boat exclusion area: Aj portion of] Boggy Bayou immediately adjacent to the Lincoln Park  regulatory areas:  the nearest shoreline on the south side of the mouth oft the bayou.  public swimming area. Sec. 83-6.-1 Regulatory markers.  Regulatory markers shall be posted in accordance with the provisions ofall local, federal, or Sec. 83-7.-Swimming restricted at boat laumch ramps; boating safety markers.  state laws, rules or regulations applicable thereto.    Swimmers are restricted from the boat maneuvering areas at the boat launch facilities in Florida Park, Lincoln Park and Doolittle (Chamber of Commerce) Park. Signs are: mounted ont the boat launch docks. Safe boating signs may bej posted at the same facilities when deemed appropriate  by the commissioner of parks. Sec. 83-8.-Prohibited activities.  The following regulations and prohibitions shall apply on the bayous and contiguous lands: 1) No person shall construct or add to an existing dock, seawall, bulkhead, mooring, piling, modify an existing submerged land lease, or conditions thereto, or conduct dredge or fill operations in, or contiguous to the bayous without first obtaining the proper authorization from the appropriate federal and state agencies. The city shall review all dock construction notifications received from federal and state agencies, make the appropriate comments and 3) No person who maintains or operates a dock shall allow or permit the disposal off fish carcasses, litter, waste petroleum products or other pollutants into the bayous. On commercial docks, trash disposal receptacles shall be anchored to each dock to ensure 4) No: fuel or oil shall be willfully or knowingly discharged in the bayous. No dock which sells fuel or oil shall be constructed, operated or maintained in the bayous unless an oil abatement plan, in accordance with federal and state guidelines, is available at each dock. The city commission shall review and approve or disapprove each oil abatement plan. 5) No commercial dock shall be constructed which permits the docking ofboats with onboard toilets unless such dock is equipped with a sewage pump-out. No commercial dock shall be constructed which permits the docking ofa live- aboard unless such vessel has an operable 6) Noi new OT existing dock shalll be constructed or modified such that the length of any pier as completed is greater than twenty (20) percent of the width oft the bayou at the place where the pier is located, or out two hundred (200) feet, whichever is less. No piling(s) shall be added to the waterward end ofany pier which piling(s) would make the total length oft the dock 7) No dock shall be constructed such that it constitutes al hazard to navigation. No dock shall unreasonably interfere with the riparian rights of others. No lot, or multi-contiguous lots, with less than fifty (50) feet of waterfront footage shall be allowed individual docks. Except as otherwise prohibited, docks may bè allowed to be shared by adjacent neighbors without sufficient lot width. No dock shall be longer than the width, at the mean high-water line, of 8) No boat or vessel, entering into, exiting or operating within the bayou shall operate at such speed that would create a wake that endangers other boats or vessels, swimmers or other persons or would violate any provision enforceable by the Florida Marine Patrol. 9) No heated or cooled water may be emitted into the bayous other than from a boat. 10)No discharge of water shall contain phosphorous or any other substance likely to cause a violation oft the water quality standards specified in chapters 17-3 and 17-4, Florida  issuance aj permit ifthere are: no objections. 2) No debris shall be discharged into the bayous.  compliance with the provisions oft this article.  holding tank.  more than two hundred (200) feet.  the lot to which the dock is attached.  Administrative Code.    11)No commercially operated boat docking facilities shall be permitted or operated unless 12)No electrical or water service upon any dock shall be installed unless aj permit is obtained 13)No person, while operating al boat within the bayous, shall allow or permit the disposal of fish carcasses, litter, waste, petroleum products oT other pollutants into the bayou from such 14)In the interest of safety, health, and welfare, no pier or dock must lose its structural and aesthetic appearance due to age or use. Ifr more than 35 percent oft the materials of which the structure is composed has become broken, torn loose, or otherwise deteriorated structurally, the structure must be repaired in such manner as to ensure iti is uniform in 15)All commercial activities involving docks, piers and boathouses in residential areas are expressly prohibited. The commercial activities which are prohibited include, but are not limited to, the acquisition and sale of seafood products, as well as the docking of commercial fishing vessels at piers located in residential areas, and the renting ofs space on adock or pier for the purpose ofmooring of any and all types of watercraft. 16)Live-aboards. No persons shall live aboard any boat docked in the bayou or within 25 feet oft the shoreline for a period exceeding 48 hours. In cases of emergency which may require al longer stay, notification shall be given to the city police department as soon as possible after the immediate emergency situation ceases. Proof that each live-aboard boat has an  equipped with firefighting facilities as specified by the city.  from the city for that service.  boats.  appearance and is structurally sound.  operable holding tank must be furnished at time of notification.  Secs. 83-98 -83-20. - Reserved.  ARICIEIL-WATFAWAS CONSTRUCTION  Sec. 83-21.- - Permitting procedures.  The following procedures shall be adhered to by persons desiring to construct ai new dock, marina, pier, boathouse, bulkhead or conduct dredge and: fill operations: 1) The applicant shall submit copies of applications, plans and written approval from the Florida Department of Environmental Protection (DEP) and the U.S. Army Corps of Engineers (COE) to the city administrator. No permit shall be issued by the city until the applicant obtains all authorizations and permits from federal and state agencies. 2) The building official, or their designee eity-administrater shall review a complete application within 30 days of receipt to determine whether or not the application complies with city regulations and report such findings to the applicant and to the city commission. 3) The city commission shall determine, by aj majority vote, whether to approve or disapprove 4) Ifa an application is approved, a building permit shall be obtained from the city prior to 5) Piers, docks, boathouses, bulkheads, etc. are accessory uses to single-family residential  the application for a boat dock on public land.  beginning construction. dwellings including townhomes.    Sec. 58 83-22. Structures requirimg permits.  Permits are: required for:  1) All piers, docks, boathouses and revetments (seawalls and/or armorment).  2) All piers, docks and boathouses that have been constructed abutting city-owned property. No new docks wili bej permitted abutting city-owned property and existing docks on city owned property will not bei replaced or rebuilt. In- addition, the owner oft the pier will bei required to purchase liability insurance policy for the dock ini the amount ofo one hundred thousand dollars ($100,000.00): naming the city as co-insurer. Further, the owner will be required to sign aj release statement: in which he agrees to. hold the city harmless and indemnify it against  any liability suit.  Sec.5-83-24 Comstruction amd/or removation restrictions. areas (R-1A, R1,1 R-2), except in the following cases:  All private and/or commercial docks, piers and boathouses are. hereby prohibited ini residential 1) When land owner occupies a single-family residence which lot] lines extend to or include waterfront property contiguous to ai navigable waterway or when al land owners lot lines extend to the waterfront with the exception ofa a public rightofwayintempting the 2) When a land owner or group of] land owners own] property whose lot lines extend to or are contiguous to ai navigable waterway and upon which property is constructed: multifamily dwellings. amahissiaephsalewsadafmemompgerepie ds-d.-ethacwlye ady-haaw-*..ydteryet hemessiy/fercommisiomepowalamainfemr-hemgfte- dpefhemeingsfwhan  continuity oft the lot lines.  the-commission-wildiseassanédeeideupen-tmepropesed-pian:  Sec. 583-26 Maintemance.  All exiting docks, piers, boathouses and revetments, in being at the time of passage oft the ordinance from which this article derived, as well as any such structure established after the passage of such ordinance, must be maintained within the following standards: 1) Boathouses: All exterior walls must maintain their structural integrity and aesthetic appearance (i.e. ifmore than thirty-five (35) per cent oft the material making up the front exterior walls has become rotted, broken or otherwise deteriorated to the point that it is no longer structurally sound, the deteriorated portions must be replaced and be oft the same 2) All: roof structures for boathouses must maintain their structural integrity and aesthetic appearance (i.e.i ifmore than thirty-five (35) per cent oft the material covering the roofhas become deteriorated, torn, or otherwise deteriorated structurally or aesthetically, the structure must bei repaired in such a manner as to assure iti is uniform in appearance and is structurally  appearance SO as to make the structure aesthetically uniform).  sound).    3) All percentages for structurallyAtsthietically deteriorated structures will be determined by the building inspector utilizing a square footage formula. Ifthe building inspector identifies a deteriorated structure he will detail the same in writing and forward it to the city hall. The city personnel will in turn notify the owner(s) by registered letter ofthe violation and required action needed to remedy the deficiencies. Theownerhal-havesiNy/6P/dyslen seiptofsuehmaisestoleioispnpainontesmasar,mmamaywwilbecompsted wilhallrequiredrepais-wAthemehaundeghy@suyaays-latieeventnentthe-evmneriaiste make-therequiredrepais-itahespeciiedtime,tiesitycommisnresevesthe:gAEe ake-hemecesayasientenerelaimpaiveremsetelre-nsueh sestieowmefepopetwlhuwalmplattbrakesesisinemelbytiesly  derepairersemevalefl-rst)wae.  Sec. 5 83-27 Noncommercial activities  All commercial activities involving docks, piers and boathouses ini residential areas are expressly prohibited. The commercial activities which are prohibited include, but are not limited to, the acquisition and sale ofs seafood products, as well as the docking of commercial fishing vessels at piers located inj residential areas and the renting ofs space on a dock or pier for the purpose of  mooring of any and all types of water craft.  Sec. 83-228.- - Commercial facility imspection amd repairs.  All commercial construction shall be inspected by the city building inspector for compliance with applicable building codes. Upon completion ofa commercial dock, or other structure requiring a construction permit, a final inspection shall be conducted by the city building inspector. After the final inspection is complete, a certificate of occupancy will be issued which shall be aj permanent permit for such dock or structure. Upon annual inspection, the availability of proper insurance shall be confirmed. The permittee shall be responsible for the condition and repair of permitted docks and failure to maintain such dock(s) in a safe condition shall constitute  grounds for revocation oft the permanent permit. Sec. 83-239 - Permit revocation (good cause).  The city reserves full right, power and authority to revoke. aj permit with' "good cause" ifa at any time the health, safety or welfare of any person or property is determined to bei inj jeopardy. Ift the permittee fails to remove or repair the structure within the time specified upon revocation oft the permit, the city shall have the right to immediately remove. same at the cost and expense oft the permittee. Good cause shall include, but not bel limited to, violation of any permit condition, or  any provision ofthis article.  Sec. 83-2532.-R Reconstruction of existing facilities.  Existing facilities which are damaged by accidents, vandalism, or acts of God, may be reconstructed sO. long as the damaged facilities are. reconstructed in the same or lesser dimensions and SO long as the construction permit is applied for from the city within six months ofs sustaining damage (The obligation to obtain any state or federal approvals is not affected by this section).    Section 2: SEVERABILITY  The various parts, sections and clauses oft this ordinance arel hereby declared to be severable. If any part, sentence, paragraph or section or clause is adjudged tol be unconstitutional or invalid by any court of competent jurisdiction, the remainder oft the ordinance shall not be affected thereby. All ordinances or parts of ordinances in conflict herewith are. hereby repealed to the extent of  Section 3: CONFLICTING ORDINANCES  such conflict.  Section 4: EFFECTIVE DATE  This ordinance shall become effective immediately upon passage.  ADOPTED IN SESSION THIS  DAYO OF  2024.  Hubert B. Smith Mayor  ATTEST:  Tammy Johnson, CMC City Clerk  Ordinance No. 738    Business Impact Estimate  This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered. and must be posted on the City's website by the time notice of the  proposed ordinance is published.  Proposed ordinance's title/reference: Ordinance No. 738  AN ORDINANCE OF THE CITY OF VALPARAISO, FLORIDA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF VALPARAISO, BE AMENDED BY' CODIFYING CHAPTER 83 WATERWAYS WITH ALLPRESENTLY ADOPTED CODE LANGUAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. Ifone or more boxes are checked below, this means the City of Valparaiso is of the view that a business impact estimate is not required by state law' for the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. The proposed ordinance is required for compliance with Federal or State law or The proposed ordinance relates to the issuance or refinancing of debt; The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; D The proposed ordinance is an emergency ordinance; D The ordinance relates to procurement; or D The proposed ordinance is enacted to implement the following:  PROVIDING ANJ EFFECTIVE DATE.  regulation;  a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community C. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. Ina accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above applies, the City of Valparaiso hereby publishes the following  development districts;  information:  1See Section 166.041(4)(c), Florida! Statutes.  1    1.S Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): The city is desirous of codifying Chaptr 83 Waterways in the Valparaiso Code of Ordinances for  conciseness and clarity.  2. An estimate of the direct economic impact of the proposed ordinance on private, for- (a) An estimate of direct compliance costs that businesses may reasonably incur; None (b) Any new charge or fee imposed by the proposed ordinance or for which businesses (c) An estimate of the Chys/Towns/lages, regulatory costs, including estimated  profit businesses in the City, if any: N/A willl be financially responsible; and None No anticipated economic impact.  revenues from any new charges or fees to cover such costs.  3. Good faith estimate of the number of businesses likely tol be impacted by the proposed  ordinance: No estimated business impact.  4. Additional information the governing body deems useful (if any):  NIA  2    PUBLICWORKS MONTHLY ACTIVITIES REPORT  September 2024  CEMETERY Met with families-2 Madet funeral arrangements-1 Sold grave spaces-1 Sprayed cope and chipl lots Storm preparation PARKS  Mowed, weedeated, pulled weeds, blew, removed debris all city parks/ building & city ROWS  Marion Ruckel Park--Trimmed trees & bushes Medians--Trimmed: trees & bushes Cleaned debris after storm Washed truck & equipment SHOP TRADES WORKER  Misc  Assisted Streets cleaning stormdrain atl Lincoln Park  Florida Park--Secured deck & walk boards Fire Dept-Verified powert for compressor Glen Argyle Park--Replaced lock: set & dead bolt Cleaned gutters & flushed downspouts Installed casters on book drop box Pressure washed back sidewalk Used graffiti cleaner to pressure wash inks spots Replaced ceiling tiles in back office & activities room Cleared condensation lines for A/C Sr.C Center-Unclogged toilet TJBrooks Park--Continued repairs on pavilions  Library  SANITATION  177.891 Tons (355,780 Ibs.) of Household" Trash collected 22.45 Tons (54,9001 Ibs.) of Roadside Bulk collected Number of trips tot the dump: 46 350 Yds. ofy yard waste has been takent to landfill Number of trips to Landfill: 18 Delivered 4 newi trash cans Changed out 11 broken trash can Delivered 16,040 Ibs of cardboard to Tallahassee Delivered 4,438 Ibs of aluminum to Recycling Center  Public Works Activities September 2024  pg1    STREETS SIGN MAINTENANCE Leveled & straightened signs-5 Marion Ruckel Park-pulled faded, broken park: sign TREE MAINTENANCE Cleared brush & vinesi in 3 locations Cut down 31 trees in 2 locations Cut low hanging limbs over: sidewalk in 31 locations Cut backs on treesi in 2 locations ROW MOWING & MAINTENANCE Mowed 21 locations, removing 50 Ibs of debris DOTI ROWI MOWING & MAINTENANCE- Mowed Hwy 85, removing 175 Ibs of debris  Mowed. John Sims Pkwy ROWS & medians, removing 150 Ibs of debris  STREET MAINTENANCE Graded 15 locations Filled potholesi in! 5 locations  Lincoln Park-graded: sand back to sidewalk 2 times Johnson St-added. A-base to shoulder & graded 73. John Sims Pkwy--added asphalt patch to cut out after water line repair Bayshore Pt-repacked cutout with more asphalt material Mississippi Ave/ Grandview. Ave-repaired stormdrain Hand cleaned stormdrains, removing 1501 Ibs of debris John Sims Pkwy-shoveled 75 Ibs ofs sand of sidewalk  STORMWATER  Cleaned Changed dog waste stations 21 times removing a total of 20 Ibs of waste Lincoln Park-installed oil dry to hydraulic spill and: shoveled up after 4 hours  STREET SWEEPING  Total Miles of residential streets swept: 116 Total Lbs of debris removed: 8,900 Total Miles of DOT: streets swept: 8.13 Total Lbs of debris removed: 600 Picked up box blade from Beard Equipment Sweeper--found & repaired loose connection on starter Old Hustlerr mower-changed oil V-44--changed oil XMarki mower-put! battery on charger Dump truck--changed windshield wiper DTractor-changed flasher bulbs Bucket truck--changed oil & fuel filter Hustler mower-changed belt Edger--changed out pull cord & primer bulb Exercised pull behind generators Assembled new 25-gallon sprayer Cleaned, sharpened & oiled chainsaws MISC./ ASSISTED OTHER DEPTS Picked up road kill: 21 times Water & Sewer  SHOP  Parks mower--pulled deck off & fabricated to fit Streets Hustler & installed new belt  Bayshore Pt-assisted with water break, backfilled with dirt & millings and tamped 21 times  Public Works Activities September 2024  pg.2    Johnson St-assisted with water tap Sanitation-assisted with garbage route 11 time  Sprayed all wells & lift stations around the fence & curbs throughout the city  WATER/ SEWER  REGULATORY COMPLIANCE SAMPLING Monthly Bacteriologica sampling Static Waterl Levels Locates-108 Turn meter on-18 Turn meter off-20 Manually read meters-135 New meters installed-5 Meters replaced--12 Mi.Nodes replaced-7 Water Leaks/ Breaks repaired-3 Replaced curbstops-1 Inline backflow replaced-1 Checked residential pressure for customer-3 Repaired sewer laterals that wêre hit by contractor-2 Installed new: sewer laterals-2 Sewer laterals cleaned--2 Sewer line video-2 Cleaned Lift Stations-3  Inspected & exercised all generators at wells & lift stations for storm prep  Support Staff  REGULATORY COMPLIANCE REPORTING  Prepared & sent Aug '24 Monthly Operational Report (MORS) to FDEP & Poly, Inc Sent 3rd QTR Disinfectant Residual report to FDEP & Poly, Inc Sent 3rd QTR Static Water Levels tol NWFWMD & Poly Inc  RECORDS MAINTENANCE Filed MORS monthly  Filed bacteriological sampling each month Continuously updating Lead & Copper Inventory Continuously updated Water Distribution Log throughout month Monthly updating Disinfectant residual information for quarterly report Updated GDP Well Totals Workbooki for July Updated Flow Rates spreadsheet for July Monthly Recorded' Water Uses/ Losses in FRWA spreadsheet Produced Sept' '24 Static' Water Level Report & recorded in log! book Produced Sept' '24 Purge Data Report Daily maintained record of all activities of depts in Public' Works Prepared Aug' '24 Public' Works Activities Reports Daily record phone calls received Formatted vehicle fuel sheets andi issued' for Oct' '24 Made 21 Pavilion signs Made 1 kennel log and sent to PD Public Works Activities September 2024  pg. 8    WORK ORDERS GENERATED/ PROCESSED In-house work orders generated--62 Work orders processed from City Hall-44 Locate: requests processed from Sunshine 811-165 Meter Leak Alert customers contacted--52 Meters/ Mi.Nodes commissioned-24 PHONE CALLS RECEIVED-214 Cemetery-0 Parks-4 Sanitation-27 Shop-2 Streets-11 Water/ Sewer-67 Misc/ Other Depts-103  Public Works Activities September 2024  pg. 4