November 5, 2024 Regular Meeting 12:00 Noon  City Commission Chambers 2775 Garrison Avenue Port St. Joe, Florida  CONSTITUTION  1838 THEFLORIDA CONSTITUTION  1922 Birthplace of the FLORIDA CONSTITUTION GoD WE  TRUS  City ofPort St. Joe Rex Buzzett, Mayor-Commisioner: Eric Langston, Commissioner, GroupI Stevel Kerigan, Commissioner, Group II Brett Lowry, Commissioner, Group II Scott Hoffman, Commissioner, Group IV  [AIl persons are invited to attend these meetings. Any person who decides to appeal any decision made by the Commission with respect to any matter considered at said meeting will need ai record of the proceedings, and for such purpose: may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is tol bel based. The Board of City Commission oft the City of] Port St. Joe, Florida will not provide a verbatim record of  this meeting.]    BOARD OF CITY COMMISSION  Regular Public Meeting 12:00 Noon November 5, 2024  Call to Order  Proclamation- Nurse Practitioner Week  Page 1  Consent Agenda Minutes  Regular Meeting 10/15/24 Planning Board Recommendations  Pages 2-6  Parcel #03040-010R, Kelly & Lisa Forehand 2nd Reading & Adoption  Ordinance 613 Future Land Use Map Amendment  Pages 7-16  City Engineer City Attorney  RFP 2024-20 City Street Resurfacing Ordinance 614 Food Truck Amendment o 2nd Reading & Adoption  Page 17 Pages 18-22  Old Business  City Projects Park Maintenance  Pages 23-24  New Business  Shift Differential Pay- Comm. Hoffman Emergency Closure Pay- Comm. Hoffman Cabel Drive Ditch- Comm. Hoffman Employee Appreciation Luncheon  Request to use the STAC. House- First United Methodist Church Washington Gym Museum, Recognition of] Nathan Peters- Comm. Langston  Page 25  Public Works Surface Water Plant Update  CDBG-DR Lift Station Rehabilitation- Change Order #1  Page 26    Wastewater Plant Finance Director FEMA- Update  Structural Conditions Assessment- Clarifiers and Contact Basin  Pages 27-36  Grants Reimbursement- Update  Code Enforcement Update Police Department Update City Clerk  Grants- Update RFP 2024-Landscaping Phase II Resolution 2024-12, Rental Fees Rental Agreement  Pages 37-38 Page 39 Pages 40-41 Pages 42-44  Citizens to be Heard Discussion Items by Commissioners Motion to Adjourn    Cra - laye  City nf lorf St. Jm, Jlariha    Broclamation  8227  Whereas, nursep practitioners (NPs)haves serveda ac criticalr rolea ast trusted health carep providers forc decades; and  Whereas, NPsV work toe expand! health, carea accessi inc communities: across ours state, promote healthe equity inc care andi improveh healtho outcomes for Whereas, patients dependont then moret than 385,0 0001 licensed NPsi int the United Statest to diagnose, manage andt treatt theiro chronic' anda acute Whereas, NPs providel high-quality primary, açuteand specialtyh health cares servicesy whuee emphasizing health promotion, discase Whereas, thec confidencet thatp patients haveir 5NX themorét than billions visits madea annually toNPS  all;a and health carec conditions; and health education ando counseling. partnering-withy patients toimprovetheir healt across thec country; and. Whereas, moret thanf fived decadesofresepièh menstrates thehighgunliry ofcare providedhy Whereas, betters utilizationo ofNPhebnos izpo efficient. cost-effective andh higheraoaliry Whereas, moret thank halfihenation Practice Authority legislation prrng aliensful and diredt accesste tot the Whereas, leading eppalsg entitics includimg theNitional Academy FMedicine National Goverribis-Atspciat atichampederar NPdeliveredeart, and Whereas NPss MAESe or and Whereas, thed City ofPorts St Joci isproud toepounizes BeitF Resolved. therefore. thatMayori Rex BuizE ofthe hcaith andi well-beingofa citizens irours  prevention,  mprovedpolles Guan  hrougha more accessible, ariana Islands hasa Full adopted Set Boards ofNursing, ECP accesst to communities.  LONO  MAANEEPACTTNN WEEK  inPortSt. Jos, Floridai in recogaition ofd thes çountless ntributions) NPshaver made overthes pastb halfceitury andw wils cootine tomake on beball  Ra hete May D  B a  3    MINUTES OF THE REGULAR MEETING OF THE BOARD OF CITY COMMISSIONERS FOR THE CITY OF PORT ST.JOE, FLORIDA, HELD AT 2775 GARRISON AVENUE, October 15, 2024, at Noon.  The following were present: Mayor Buzzett, Commissioners Kerigan and Lowry. City Manager Jim Anderson, City Clerk Charlotte Pierce, Deputy City Clerk Ingrid Bundy, and City Attorney Clinton McCahill were also present. Commissioners Hoffman and Langston were absent.  CONSENT AGENDA Minutes  A Motion was made by Commissioner Kerigan, second by Commissioner Lowry, to approve the Minutes of the Regular Meeting of October 1, 2024, and the Special Meeting of October 9, 2024. All  ini favor; Motion carried 3-0. Planning Board Recommendations  Parcel #03040--010R, Kelly and Lisa Forehand, Ordinance 613 Future Land Use Map Amendment: A Motion was made by Commissioner Lowry, second by Commissioner Kerigan, to have the First Reading of Ordinance 613. This changes the property from Commercial to R2B.  First Reading  No one from the public spoke on this item. All in favor; Motion carried 3-0.  Attorney McCahill read Ordinance 613 by Title only.  City Engineer City Street Resurfacing This project is out for bid. City Government Complex  Architectural Services - this is on the Agenda today.  Monument. Avenue Dewberry.  The contractor has provided the executed agreement as well as performance and payment bonds to  Allen Memorial Way SCOP Grant  The contractor has provided the executed agreement as well as performance and payment bonds to  Dewberry. Beacon Hill Sewer  Dewberry is awaiting as-built revisions.  2    Downtown Utilities Phase 2 This project is in progress.  HMGP Grant - Elevation of 12 Life Stations  The Grant Extension and funding request have been submitted to FEMA.  10'h Street Pipe Replacement  Submittals have been approved and provided to Mr. Grantland.  Avenue Cand Battle Street Intersection  90% Plans are completed and in review by Dewberry.  Long Avenue Paving City Attorney  There is a meeting next week to discuss final paving plans and the schedule.  Al Motion was made by Commissioner Lowry, second by Commissioner Kerigan, to have the First Reading of Ordinance 614 amending the Food Truck Ordinance. This was previously read in error  under Ordinance 613.  No one from the Public spoke on this item. All in favor; Motion carried 3-0.  Attorney McCahill read Ordinance 614 by Title only.  Old Business City Projects  Mr. Anderson shared that several projects have been added to the list.  A Motion was made by Commissioner Kerigan, second by Commissioner Lowry, for Mayor Buzzett to sign a Memorandum of Understanding with the County for repairs to the Workforce Board Roof. Mayor Buzzett reminded those present that if those speaking would show respect, use decorum and  All in favor; Motion carried 3-0.  dignity, a lot more would be accomplished. Christy McElroy shared her thoughts on this item.  MLD Architectural Task Order - New Municipal Complex (Design Only)  Al Motion was made by Commissioner Lowry, second by Commissioner Kerigan, to approve the Task Order with MLD. Architects for Design only ini the amount of $498,425. All in favor; Motion carried 3-0. Funding for this is from a $500,000 grant of which $91,290 has been used for the Civil side. There is $50,000 in the budget for this project and there will be approximately $40,000 needed  to be paid from Cash Carried Forward.  3    New Business  Shift Differential Pay and Emergency Closure Pay- = Commissioner Hoffman  Due to the absence of Commissioner Hoffman, these items were Tabled until the next meeting.  1% Tourist Development Tax- Commissioner Hoffman  Both Commissioners Lowry and Kerigan explained this is not a tax on local citizens but a tax that is  paid by tourists.  Robert Branch, Christy McElroy, and Jim Martin shared their thoughts on this issue.  Public Works - John Grantland forward on projects.  Mr. Grantland did not have anything particular at this time, but noted their department was moving  Surface Water Plant - Larry McClamma  No one was present from the Surface Water Plant and Mr. Anderson shared that there were no  issues that needed to come before the Commission.  Wastewater Plant  RFP 2024-17 Bar Screen Wastewater Treatment Plant  A Motion was made by Commissioner Kerigan, second by Commissioner Lowry, to approve the low bid from K Machine Industrial Svc., ini the amount of $320,792 for the Bar Screen. All in favor; Mr. Pettis shared there is 1'of Free Board int the lagoon, there was an overflow during Hurricane Helene which was reported, and the plant is running hard to allow more Free Board. There are 2 stumps remaining in the Spray Field. Zone 3 that need to be removed, the field is ready for piping,  Motion carried 3-0.  materials have been ordered and should be in by the first of November.  Finance Director - Mike Lacour  FEMA Update  Mr. Lacour has not received any updates from FEMA on the Clifford Sims Park reimbursement.  CDBG-DR Grant Amendment Three  AI Motion was made by Commissioner Lowry, second by Commissioner Kerigan, for Mayor Buzzett toe execute the CDBG-DR Grant Amendment Three, extending the Period of Agreement to  September 30, 2025. All in favor; Motion carried 3-0.  Grants Reimbursement Update  Mr. Lacour is in the process of compiling al list of reimbursement requests.  4    Code Enforcement  Mr. Anderson shared that joint demolition with the County for six additional houses should start in the next couple of weeks. This leaves approximately 20 structures on the list of substandard  structures ini the City.  Police Department - Chief Richards FDOT Permit Request for the Christmas Parade  AI Motion was made by Commissioner Kerigan, second by Commissioner Lowry, to submit a request for an FDOT Permit for the Christmas Parade on Saturday, December 14, 2024 on Highway 98. All Chief Richards shared that three officers had deployed to Anna Maria Island, FL last Thursday to assist with the aftermath of Hurricane Milton. He noted that thank you Cknowleagements have  inf favor; Motion carried 3-0.  been received for the assistance provided by the officers.  City Clerk - Charlotte Pierce Current Grants Update  Clerk Pierce stated that various employees are working daily on grant reimbursement, compliance,  and seeking additional grant funding sources. Resolution 2024-12 Rental Fees  This item was Tabled for review by the Commissioners.  Rental Agreement  This item was Tabled for review by the Commissioners. waiting on the H and H Review by Dewberry's Atlanta Office.  Robert Branch asked about the NERDA Grant to which Mr. Anderson responded that we were  Citizens to be Heard  The following individuals shared their thoughts about various topics. Christy McElroy, Minnie Likely, Mayor Buzzett explained that contrary to what some individuals think, the $2 Million dollars received from FEMA for COVID was not a grant, the money was not applied for but was given by FEMA to  Charles Gathers, Jim Martin, and Robert Branch.  offset revenue losses during COVID. Discussion Items by Commissioners  Neither Commissioners Lowry, Kerigan, nor Mayor Buzzett had any other issues to discuss.  5    Motion to Adjourn meeting at 1:15 P.M. Approved this  There was no other business to come before the Commission and Mayor Buzzett adjourned the  day of  2024.  Rex Buzzett, Mayor  Date  Charlotte M. Pierce, City Clerk  Date  6    ORDINANCENO.63  ANORDINANCE. AMENDING THE COMPREHENSIVEPLANFOR FUTURE! LAND USE MAP OF THE CITY OFI PORT ST.. JOE, FLORIDAI BYA AND THROUGH. PROCEDURES REQUIRED FOR SMALL-SCALE MAP AMENDMENTS PURSUITTO. AUTHORITYUNDER STATE STATUES SECTION 163.3187, SPECIFICALLY CHANGING PARCEL. ID NUMBER 03040-010R FROM COMMERCIAL TO MEDIUM DENSITY RESIDENTIALR-2, PROVIDING FOR THE AMENDMENT OF THE: ZONING MAP OF THE CITY OFI PORT ST.. JOE; AND PROVIDING FOR REPEAL OFANY CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY,AND WHEREAS, Section 163.3187, Florida Statutes, provides fort the authority and procedure for the City Commission of Port St. Joe, Floridai to amend its Comprehensive Plan utilizing procedures applicable to WHEREAS, on October 1,2024, the Planning and Development Review Board sitting as thel local planning agency for the City, recommended approval of the small-scale. amendment to the comprehensive WHEREAS, the City Commission desires to adopt the amendment to the current comprehensive plan to guide and control the future development ofthe city, and to preserve, promote, and protect the public NOW,THEREFORE, BEITI ENACTED. BYTHEI PEOPLE OF THE CITY OFI PORTS ST.JOE,  PROVIDING FOR. ANI EFFECTIVE! DATE.  small scale developments; and  plan and Zoning Map oft the City; and  health, safety, and welfare.  FLORIDA:  SECTION1. APPROVAL  The city of Port St.. Joe Comprehensive: Plan Future Land Use Map and Zoning Map are. here by amended as set forth on Exhibit' "A"and are hereby changed from Commercial land use tol Medium Density Residential R-2 and the Zoning tol Residential R-2B. The application and all documentation submitted' by SECTION2. CONSISTENCY WITH CITY OF PORT ST.. JOE COMPREHENSIVE PLAN The Board of City Commissioners hereby finds and determines that the approval of the amendment is consistent with the goals, objectives and policies oft the City of Port St.. Joe Comprehensive Plan as  the Applicant in support ofit are herebyi incorporated by reference.  amended.  SECTION3. ENFORCEMENT  The City may enforce this Ordinance as authorized by law.  7    SECTION 4. FUTURE. LAND USEI MAP  Upon this Ordinance becoming effective, the City of Port St.. Joe Future Land Use Map shall be amended  to show the Property as having al land use ofMedium! Density Residential R-2.  SECTION5. ZONING "A" as Residential R-2B. SECTION 6. REPEAL  The Zoning map oft the City of Port St. Joe is hereby amended to show the property described in Exhibit  All ordinances or parts of ordinances in conflict herewith are. hereby repealed.  SECTION7. SEVERABILITY  Thej provisions oft this Ordinance are hereby declared to be severable. Ifany provision oft this Ordinance, or the application thereof, to any person or circumstance is held tol be invalid, such invalidity shall not affect other provisions or application ofthis Ordinance that can be given effect without thei invalid  provision or application. SECTION8. EFFECTIVEDATE  This ordinance shall become effective upon adoption as provided by law. This Ordinance was adopted in open regular meeting after its seçond reading this  dayo of  2024.  THE CITY COMMISSION OF THE CITY OFPORTST.JOE, FLORIDA  By:  Rex Buzzett, Mayor-Commissioner  Attest:  Charlotte M. Pierce City Clerk  8    CITY OFI PORT ST.JOE FUTURE LAND USE. MAP  AMENDMENT APPLICATION  Property Address: TBD. GNERESON AvE  Current Land Use: C-1  Property Owner: HeuftLrst FREHANA Proposed Land Use: K-2B Mailing Address: O.EoKzpL BEr 506,E2 32452  Phone: B80819-2424 Applicant ifDifferent: SAmE Parcel Number: 01042-206   - Owners Signature  Sworn to and subscribed before me this, 19 dayof  Personally! Known  OR Produced Identification. Type Provided  August  Conilpcha Signature df  Notary! Public State of Floric. Jennifer Lea Young My Commission HH 456955  Notary  Wing  PUBLICNOTICE mu Expires 10/22/2027  1. Asign will be posted for two weeks on thej property seeking the change and a notice will be  published in the local newspaper.  APPLICATION REQUIREMENIS  Application Fee: Small Scale. Amendment-SS00.00- Large Scale Amendment $2,000.00  Kegal Description ofProperty AITKMD Copy ofl Deed ArmeirsD Copy of Survey AITAEMSD   Owner Signature  Applicant Signature  Date: 8/9/z4 Date:, gliglay  9    Thurman Roddenberry and Associates, Inc.  Professional Surveyors andh Mappers  POBox 100 125 Sheldon! Street Sopchoppy, Florida3 32358 USA  Phone: 850-962-2538 www.trasurveyingcom  March 18, 2024  Legal Description ofa 2.17. Acre Tract Certified To: Kelly Earl Forehand  Ihereby certify that this is a true and correct representation of the following described property, and that this description meets the minimum technical standards for land  surveying (Chapter 5J-17.051/.052, Florida Administrative Code).  Commence at the Northwest comer of Section 18, Township 8 South, Range 10 West, Gulf County, Florida; thence run South 89 degrees 21 minutes 38 seconds East 1,652.62 feet; thence run South 00 degrees 47 minutes 00 seconds West 87.03 feet; thence run West 462.73 feet to an iron rod and cap (marked #1355) marking the POINT OF BEGINNING. From said POINT OF BEGINNING; thence run South 01 degree 11 minutes 57 seconds West 258.67 feet to an iron rod and cap (marked #1355); thence run South 88 degrees 29 minutes 23 seconds West 322.50 feet to an iron rod lying on the Easterly right-of-way boundary of Garrison Avenue said point lying on a curve concave to the Southwesterly, thence run Northwesterly along said right-of-way boundary and curve having a radius of 5,782.22 feet; through a central angle of 02 degrees 45 minutes 20 seconds, for an arc distance of278.10 feet, chord being North 13 degrees 52 minutes 56 seconds West 278.07 feet to an iron rod and çap (marked #6475); thence leaving said right-of-way boundary run South 89 degrees 35 minutes 17 seconds East 394.52 feet to the POINT OF BEGINNING  containing 2.17 acres.more or less. RODDENS Wns, The oEtbafidary Ne he deg fetie unrecorde 8 fother - - James T.oddenberry Surveyor and Mapper Florida Certificate No: 4261  survéyor hasihot been provided a current title opinion or abstract of matters  subject property. It is possible there are deeds of records, instruments which could affect the boundaries.  24-158  D    -  Prepared by: Costin and Costin 413 Williams Ave. Port St. Joe, Florida 32456 File Number: COMFORTER/FOREHAND Parcel ID Number: 03040-010R  Date: 04/09/20247 Time:3 3:35PM ofCoart Galf,  Inst: 2024230022301 B: 823 P:192, Rebeccal L. Norris, Clerk Page Coumty, 1of2 By: CO Deputy ClerkDoc Stamp-Deed:  1925.00  General Warranty Deed  Made this April 9 2024 A.D.By W.P.COMFORTER, JR., whose address is: 501 7THS STREET, Port Saint. Joe, Florida 32456,  hereinafter called the grantor, to  KELLY FOREHAND and wife, LISA FOREHAND, whose post office address is: hereinafter called the grantee:  PO BOX 505, PORT ST JOE FL 32457 individuals, and the successors and assigns ofc corporations) all that certain land situate in Gulf County, Florida, viz:  (Whenever used herein thet term' "grantor" and' "grantee" include allt the parties tot this instrument and the heirs, legal representatives and assigns of Witnesseth, that the grantor, for andi in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, reçeipt whereofi is hereby acknowledged, hereby grants, bargains, sells, aliéns, remises, releases, conveys and confirms unto the grantee,  SEE. EXHIBIT "A" ATTACHED HERETO FORI LEGAL DESCRIPTION. PROPERTY IS NOT THE HOMESTEAD OF THE GRANTOR.  Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.  Tol Have and to Hold, the same in fee simple forever.  And the grantor hereby covenants with said grantee that the grantor is lawfully seized ofsaid land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing  subsequent tol December 31,2023.  In Witness Whereof, thes said grantor has signed and sealed these presents the day and year first above written.  Signed, sealed and delivered in our presence:  (Seal)  W, P.COMFORTERJR  Sbllr CnAbA  Witness) Printed? Name 4131 Ave Willams Port St. Joe, FL32456  AKias  HST4  ar  Do lJ mar Witness Printed! Name Dara G. ma-llon  413Willams Avez. PortSt. Jos,FL2 State of County of  ATVRDRC  ub  The foregoing instrument was acknowledged before me this 9 dayof personally known and who physically appeared before me.  by W. P. COMFORTER, JR., who is  apb  Notaryl Public Print Name: My Commission Expires  Sball/M.Ckin  HOLLYG.A ATKINS CommiasiontHH393749. Expires Augus!2 29, 2027    EXHIBIT "A"  COMMENCE AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 8 SOUTH,R RANGE EVESS SOUTH PIAGIIMANITENEONDN EASTI 1652.621 FBET, THENCERUN: SOUTH 001 DEGREES 471 MINUTES 00 SBCONDS WEST 87.03 FRET, THENCEE RUN WEST 462.73 FEET TO AROD AND CAPI FOR THB POINT OFI BEGINNING. FROM: SAID POINT OF BEGINNING THENCE RUN SOUTH 00 DEGREBS 47 MINUTES 00 SECONDS WEST 258.64 FEET TO Al ROD AND CAP, THENCE RUN SOUTH 88 DEGREES 041 MINUTES 06 SECONDS WEST 322.431 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY BOUNDARY OF GARRISON. AVENUE, SAID POINT LYING ON A CURVE CONCAVB TO THE SOUTHWESTERLY, THENCE RUN VADNONDNNATISDNYA ANDALONGSAID CURVE WITH A RADIUS OF 5782.22 FEET THRU A CENTRAL ANGLE OF 02 DEGREES 451 MINUTES: 21 SECONDS FOR AN ARC DISTANCE OF: 278.101 PEET, TE 7MINUTESISSECONDS WEST 278.08 FEET, THENCE RUN EAST 394.40 FBET TO THE POINT OF Subject to covenants, conditions, restrictions, easements of record and for taxes for the current year  BEGINAINGFPopey,  2    EXHIBIT "A"  Future Land Use Map:  Proposed Future Land Use Map  A  BARE  C-1  GARA R-1  BETTYOR MONICA  DR  Legend Future Land Use Commercial Residential Public Use  13    EXHIBIT "A"  Zoning Map:  Proposed Zoning Map  R-2B  PU  BAP  C-1  GARA R-1  BEITYOR MONICA  DR  Legend Zoning C-1 R-1 PU R-2B  14    .  EXHIBIT "A"  COMMENCE AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 8 SOUTH, RANGE 101 WEST,OULFCOUNTYLRIDA,AMDTENCERUNSOUTH 89DBGREES21 MINUTESIESECONDSEASTI65262F FBEI, THENCERUNSOUTH 001 DEGREES 471 MINUTES 00 SECONDS) WEST 87.03 FBET, THENCBI RUN WEST 462.73 FEETTO A ROD AND CAPI FOR THE PONNT OFI BBGINNING. FROMSAID POINT OF BEGINNING THENCE RUN SOUTH 00 DBGREES 47 MINUTES 00 SECONDS WEST 258.64 FEET TO A ROD AND CAP, THENCB RUN SOUTH 88 DEGREES 04 MINUTES 06 SECONDS WEST: 322.431 FEBT TO AI POINT ON THE BASTERLY RIGHT-OF-WAY! BOUNDARY OF GARRISON. AVENUE, SAIDE POINT LYING ON A CURVE CONCAVB TO THE SOUTHWESTERLY, THENCE RUN MORTIMISTHIYANIONOSATGNVAITIPODANIYANDALCNOIAD CURVE WITH A RADIUS OF 5782.22 FEET THRU A CENTRAL ANGLE OF 02 DEGREES 45 MINUTES 21 SECONDS FOR AN ARC1 DISTANCE OF 278.10 FEET, REGAORDOFSMDAICHENOATIKTENES I7MINUTESOSECONDS WEST 278.08 FEET, THENCE" RUN EAST 394.40 FBET TO THE POINT OF. Subject to covenants, conditions, restrictions, easements of record and for taxes for the current year  BEGINNINGChopay).    R887323318  AnaiNT NOSTNV?  1457W  NORTH  16    RFP # 2024-20 City Street Resurfacing October 25,2024, at3:00 P.M. City Commission Conference Room  2:40  VENDOR  BID AMOUNT $1,472,746.10 $366,287.70 $305,322.35 $1,406,384.42 $384,880.72 $324,227.27 $1,009,668.50 $295,710.00 $286,081.50 $954,763.86 $343,895.65 $280,489.10  American Sand  Base Bid Alternate 1 Alternate 2 Base Bid Alternate 1 Alternate 2 Base Bid Alternate 1 Alternate 2 Base Bid Alternate 1 Alternate 2  C.W. Roberts  Pigot  Roberts and Roberts    ORDINANCE NO.:614  AN ORDINANCE OF THE CITY OF PORT ST. JOE, FLORIDA, AMENDING ORDINANCE 597 TO ADD MOBILE FOOD DISPENSING VEHICLES THAT ARE LICENSED/PERMITTED BY THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (FDACS) TO THOSE VEHICLES THAT ARE ALLOWED TO OPERATED IN PORT ST. JOE PURSUANT TO ORDINANCE 597 AND AS LATER AMENDED BY ORDINANCE 598; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN  EFFECTIVEDATE.  WHEREAS, the Governor of the State of Florida signed into law the Occupational Freedom and Opportunity AAISBPAABI7DCA, which became effective on July 1,2020;  and  WHEREAS, the Act created Florida Statutes Section 509.102-Mobile Food Dispensing Vehicle ("MFDV") preemption in which a municipality, county or other local government entity may not require a separate license, registration, permit or fee from MFDV's: and may not prohibit  MFDV's from operating within the entirety of the jurisdiction; and  WHEREAS, the City, in response to Section 509.102 Florida Statutes and two public workshops wherein they elicited input from thej public, enacted City ofPort St. Joe Ordinance: 597;  and  WHEREAS, after the enactment of Ordinance 597 the City amended Ordinance 597 via  Ordinance 598 to exclude MFDV's from Reid Avenue;  and  WHEREAS, after the enactment of Ordinance 597 and 598 the City has determined that it is in the best interests of thel health, safety, and welfare of the residents of and visitors tol Port St.  Joe to amend Ordinance 597 again with this Ordinance as set forth below; and  NOW THEREFORE, be it enacted by the City Commission of the City of Port St. Joe,  Florida, that:  0    1. Port St. Joe Ordinance 597 shall be amended as follows:  Section 2 shall add the following paragraph to the current definition ofMobile Food Dispensing  Vehicles:  Mobile Food Service Establishments that are regulated by the Florida Department of Agriculture and Consumer Services (FDACS) which require a "Annual Food Permit" issued by FDACS shall be considered a Mobile Food Dispensing Vehicle under this Ordinance.  Section 3(A)(1)(a) shall now state as follows:  a. The Department of] Business and Professional Regulation (DPBR) "Mobile Food Dispensing License" or Department of Agriculture and Consumer Services "Annual Food Permit".  2. All other provisions of Port St. Joe Ordinance 597 not amended herein shall remain in full 3. All ordinances or parts of ordinances in conflict herewith are. hereby repealed. 4. Ifa court of competent jurisdiction hold any of the provisions of this Ordinance invalid 5. This Ordinance shall take effect immediately upon its final adoption by the City  force and effect as written in said Ordinance.  the remaining provisions shall remain in full force and effect.  Commission of Port St. Joe, Florida.  PASSED AND ADOPTED BY THE CITY COMMISSION OF PORT ST. JOE,  FLORIDA THIS _DAY OF  2024.  BOARD OF CITY COMMISSIONERS PORT ST.JOE, FLORIDA  REX BUZZETT MAYOR-COMMISSSIONER  19    ATTEST:  CHARLOTTE PIERCE, CITY CLERK APPROVED ASTOFORM:  CLINTON T. MCCAHILL, CITY ATTORNEY  2D    BUSINESSI IMPACTI ESTIMATE FOR CITYOF) PORT ST.. JOE ORDINANCE614  PROPOSED ORDINANCESTILE:  ORDINANCE NO.: 614  AN ORDINANCE OF THE CITY OF PORT ST. JOE, FLORIDA, AMENDING ORDINANCE 597 TO ADD MOBILE FOOD DISPENSING VEHICLES THAT AREI LICENSEDPERMITED BY THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (FDACS) TO THOSE VEHICLES THAT ARE ALLOWED TO OPERATE IN PORT ST. JOE PURSUANT TO ORDINANCE 597 AND AS LATER AMENDED BY ORDINANCE 598; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN  EFFECTIVE DATE.  This Business Impact Estimate is provided in accordance with Section 166.041(4), Florida Statutes. The City of] Port St. Joei is of the view that a business impact statement is not required for this ordinancel by state law more particularly the exemption provided by Section 166.041(c)(1), Florida Statutes, which provides an exemption if"(t)he proposed ordinance is required for compliance with Federal or State Law or  regulation."  In accordance with the provisions of controlling law, even notwithstanding the: fact that an exemption noted above may apply, the City of Port St. Joe hereby publishes the following information.  1. Summary of the proposed ordinance:  Ordinance 614 is an ordinance amending ordinance 597 to include Mobile Food Dispensing Vehicles that are licensed/permitted by the Florida Department of Agriculture to the definition of Mobile. Food Dispensing  Vehicles contained in ordinance 597.  21    2. The direct economic impact isi indeterminate but could be a net positivel because it isi increasing the number ofMobile Food Dispensing Vehicles in the city. Compliance costs for businesses operating pursuant to this ordinance are negligible. No: new feei is created by the proposed ordinance. Any regulatory costs oft the city  toe enforce this ordinance are negligible.  3. Agood faith estimate of the number ofbusiness likely to be impacted by the proposed ordinance is unknown because the number of potential vendors who may now qualify under this  ordinance is unknown.  22    Current City Projects 11/5/24  Maddox Park Drainage- Need more info. from engineer to bid and direction Lighthouse Complex Sleeping Beauty Rehab- The bid has been awarded Monolith Construction and the State has approved the modified plans. Sewer Rehab. CDBG-DR- Grant Funding Approved 5/21, Grant Agreement Received, The CCTV work is complete and Anchor Engineering is working on the enab/replacement plans. L& K Contractors have been awarded the Lift Long Ave. Paving- Final pay request to mill and resurface 1" on the entire Beacon Hill Sewer- The Lift Station is Operational & the Collection System is 9/15/23 Dewberry tasked to Survey & Topo the new City Hall Complex with Conceptual Plan options. Dewberry has now been tasked to handle the Civil Engineering and permitting. MLD has been tasked for the Architectural 9/26/23 Dewberry tasked to work on the Expansion of Zone 3 at the WW Sprayfields. The bid was awarded to North Florida Construction on 4/16/24 to clear the property. The clearing is complete and City staff will begin the Downtown Waterline Replacement Phase II- The SRF Funding has been approved and the bid has been awarded to L&K Contractors. Construction 2/11/24 A Task Order was signed with Dewberry to survey the alley between Bay & Harbor Street for potential stormwater improvements. The survey is complete and we are waiting on the H& &H Study to determine the Allen Memorial Paving SCOP Grant. The Project was awarded to Roberts &  from the Board.  Station Rehab bid on 8/20/24. road to be completed in the Fall 2024 built. City staff is installing the taps.  Services on 10/15/24.  pipe work in November 2024.  began on 9/30/24.  best course of action.  Roberts on 9/17/24. Out for bid on CEI Services.  Z3    Monument Ave. Paving from 19th Street to Allen Memorial. The project was 3/19/24 A Task Order was signed with Dewberry to design the $1.5 M 10/9/24 a contract was awarded to L&K Contractors for emergency repair 10/9/24 a contract was awarded to Roberts & Roberts for emergency repair of the 10th Street Stormwater Pipe Headwall, The County will install the Workforce Board Bldg. Roof Replacement. Woking with the County ona  awarded to Roberts & Roberts on 9/17/24. Legislative Approp. for multiple roads to be paved. of the Battles Street Stormwater Pipe.  pipe.  MOU to complete the project.  24    FIRST UNITED METHODIST CHURCH OF PORT ST. JOE P.O. Box 266 Port St. Joe, Florida 32457 850.227.1724  FIRST UNITED METHODIST CHURCH OFF PORT'ST.JOE  Rev. Dave Barkalow Senior Pastor  To whom it may concerny  We are writing to: request the further use of the STAC. house. for our youth and children's programming for the duration of the school year. We are asking the city to wave the fee and allow us to hold our high school bible study there each' Tuesday evening during the school year from 5:30-7:30 in the evening. We are sO grateful for the use each Wednesday evening and we would like to continue to hold our Wedneday  evening bible study there as well. Thank you for your attention toi this matter  /  Rev. Dave Barkalow Senior Pastor  Port St. Joe First United Methodist  2S    CITY OF PORT ST. JOE CHANGE ORDER REQUEST FORM    Eanalaeen * WETY  CE  CONO.1 1  Date: October 31, 2024 CO No.  Contractor: L&K Contracting CO, Inc.  4506 Hartford Highway, Taylor, Alabama 36305  1  Type:  $  City ITBI Number:  ITB 2024-01  CITY OF PORT ST.JOE- - CDBG-DR: SEWER COLLECTION TRANSMISSION SYSTEM  Project: REHABILITATION, PHASE 2: LIFT STATION AND FORCEMAIN DESIGN  Funding Agency (if applicable): CDBG-DR Funded Project  This Change Order is being requested to replace the concrete wetwells within the Dupont and Clifford Sims Lift Stations with fiberglass wetwells. Below details the deduction to the Contract Price.  Add/ Quantity 1  Bid Item No.  Add/Deduct Cost  Description  Deduct Unit Unit Price  DEDUCT FORI REPLACEMENT OF THE CO#1 CONCRETE WETWELLSV WITH FIBERGLASS WETWELLS IN DUPONT AND CLIFFORD SIMS LIFT: STATIONS  LS  $31,000.00 -$31,000.00  Change Order No. 1 Cost $31,000.00  Original Contract Amount ($) $2,620,178.00 Original Contract Start Date (365 days)  10/02/2024 09/02/2025 10/02/2025 Odays Odays ODAYS 10/02/2025  This Change Order Requested Amount ($) Previously. Approved Change Order Amounts ($) Net Change (+1-$) New Contract. Amount  $31,000.00 Original Contract Substantial Completion Date 00.00 Original Contract Final Completion Date (+I-days) (+1- days) Net Change (+1-)  $31,000.00 Change Order Requested Amount $2,589,178.00 Previously. Approved Change Orders  NEW SUBSTANTIAL COMPLETION DATE 09/02/2025  Approval Signatures: By: dL Elizabeth S. Moore, P.E. Engineer of Record (Anchor) By: Tierra Williams Grant Manager, Florida Commerce By: Chris Kirkland President By: Jim Anderson  NEW FINAL COMPLETION DATE Date: October 31, 2024  Date: Date: Date:  City of Port St Joe, City Manager  ab    APEX ENGINEERING GROUP 1101 Logan Lane, Suite 4 Santa Rosal Beach, FL32459 (850)231-4540 osepeegregpopne Pexangnernggroepant  APEX ENGINERRING eROUE Sent Via Email October 15, 2024 Tyler Lee, PE Project Engineer Baskenvlle-Donovan, Inc. 449) WI Main Street Pensacola, FL 32502 850-438-9661 tiee@baskervlledonovan.com  Re: Structural Conditions Assessment (SCA) Services Port St.. Joe Water Treatment Plan Expansion Basin Re-Use Assessment Port St. Joe, Gulf County, FL  Dear Tyler:  Thank you for asking us to provide you with a proposal for the structural engineering consulting services for assessing the potential for re-use of the existing Clarifier and Chlorine Contact basins for the City of Port St.. Joe AEG's scope of work for this project includes completing an on-site Structural Condition Assessment (SCA) of the existing conditions and structural condition assessment of the clarifier and chlorine contact basins. Our proposed fee is based on our understanding of your needs fort this project is based on information provided by you together with some assumptions that we have made based on our experience. Included in this proposal are our Proposed Scope of Services, our Projected Schedule, and our Fee associated with the services included  Water Treatment Plant expansion project in Gulf County, FL.  in the SCA scope. Proposed Scope of Services  Considering the project information available at thet time ofy your request for proposal, we have developed a scope ofservices that should meet your needs. These are listed in (3) three phases for your review. Thet following is al list of items, which, if available, are to be provided to AEG prior to our Site Inspection(s). Note: Ini the event that record drawings are not available, we will require the Owner to request a copy directly  1. Existing Document Review. Construction plans if available, from the local Building Department Association documents including a) Any/All prior engineering reports, b) Past structural repairs, and  c) Past loading modifications or alternations to the structure Description of any known structural issues or concerns.  2. Site Inspection(s)  AEG will complete the necessary site observations to determine and document the general condition of the  property's structural components, (that are readily assessable): as listed below:  27    APEX 99MEODMeVT  Basin walls, Exposed Columns and beams, Viewable foundation elements, Stairwells and railings, Decks.  Ouri inspection is limited to fully visible structural elements only. Our services will noti include uncovering ground or building materials or performing invasive or destructive testing for the purposes of verifying in-place or constructed work. If our observations indicate additional investigation of a specific component is warranted, we will notify you upon completion of our field observations. Opinions regarding non-event related structural damage causality, original design adequacy, material defects, workmanship errors or fault will not be provided within the The scope is limited to structural elements and systems only in accordance with the 2023 Florida Building Code, Existing Building, 8th Edition, Section 606.2.2.1. The SCA will be conducted utilizing Visual Examination and Non-Destructive Manual procedures outlined within the American Society of Civil Engineers Guideline for Structural Condition. Assessment of Existing Buildings (ASCE 11-90/99) and is limited tot fully visible and Following the completion of ourf field services, we will prepare a Structural Condition Assessment report  SCA and should not be inferred.  accessible structural elements only. 3. SCA Project Deliverable deliverable fory your use and records that willi include: Ane executive summary, Relevant background information,  AL brief description of the building(s) and any notable findings, Representative photographs of the above included components ifr needed As summary of our findings with recommendations, and Aconclusion based on the observations and evaluation.  As a routine matter, in order to avoid possible misunderstanding, the SCAI report willl be prepared to the best of AEG's knowledge and ability andy will be provided to represent an accurate appraisal of the present condition of the building based upon careful evaluation of observed conditions, to the extent reasonably possible. Engineering opinions rendered within the SCA are based upon the professional engineer's experiential knowledge, available information andj judgment, and in accordance with commonly accepted procedures consistent with applicable standards of practice, and should not be construed directly or indirectly as a guaranty or warranty, either expressed or implied. Please be advised that AEG reserves the right to modify, revise, and/or expand the opinions and conclusions within the SCA, especially if and when additional information or data becomes available. We will provide the schedule for our services upon receiving authorization of these services. Typically, these types of services will require 301 to 45 working days for completion of field services, analysis and report. Once  Schedule  authorized to proceed we will coordinate our site visit with you and firm up our schedule.  Fee  We will provide the scope of services outlined in this proposal for a Lump Sum Fee. Any additional consultation services requested or required will provided under our hourly consulting rates or may be covered within a  separate scope of services contract if requested. Structural Conditions Assessment: $12,445.00  Hourly Consulting Fee:  See attached Fee Schedules  as    APEX 3:VEXNCSECN  We will submit ani invoice for 50% of the SCA1 fee after the Site Inspection is performed. This invoice must be paid prior to the production of the project deliverable. The remainder oft thei fee will bei invoiced at the completion ofc our scope ofs service. Please note that the signed and sealed SCA will not be released until the entire lump sum SCA1 fee is paid in full. We reserve the right to suspend services, as well as dispose of any documentation that we have agreed to retain, ini the event that your account becomes delinquent. Ini the event litigation is brought concerning this Agreement, to enforce the obligations under this Agreement, and/or to interpret thet terms of this Agreement, the prevailing party in any such litigation shall be entitled to recover from the non-prevailing party its reasonable attorneys' fees, costs and expenses incurred int the litigation, including, but not limited to, attorneys' fees and costs incurred in litigating entitlement to attorneys' fees and costs and the amounts to be awarded, all Additional consultation services can be provided under our hourly consulting rates or be covered within a separate scope of services contract ifr requested. Hourly consulting services beyond design development include but are not limited to: structural plan re-designs, structural submittal document reviews and coordination (note: typical shop drawing review is included within design scope unless designed by a delegate or specialty engineer), production for requested supplemental details, value engineering, structural revisions or substitutions due to contractor error or request, and project administration including contractor consultation and checkpoint meetings during construction. These services also may include foundation re-design due to geotechnical evaluation findings after preliminary foundation plans have been released. These elements are not typical for most projects. Efforts categorized as re-design are approved with notification from our office prior to performing work required. Any/All hourly billing will bei itemized with summaries on invoices fory your records and review. Ift the proposed scope of services and fee are acceptable, please sign the attached Proposal Endorsement and Please note that the final signed and sealed construction documents will not ber released by our office until all  through any level of appeal.  Hourly Services beyond Design Scope of Services:  Contract Approval:  return one copy oft the executed contract. invoices have been paid in full.  Please contact us with any questions. We look forward to working with you on this project.  Sincerely,  Apex Engineering Group, PLLC Cznk Alan Marchman, PE General Manager 0:8 850.231.4540 alan@apexengineeringgroup.ner Attachments: Proposal Endorsement (1 pg)  24 D.A Allen Barnes Jr., PE, MLE, LEED AP President 0:850.231.4540 allen@apexengineeringgroup.net  Fee Schedules (1 pg) Standard Terms and Conditions (3 pg)  a9    APEX SNGINSIRNG Gycos  PROPOSAL ENDORSEMENT  CLIENT/OWNER INFORMATION:  Authorized Signature Printed Name and Title Email Address  Date  Contact Phone Number  BILLING INFORMATION: Responsible Party Mailing Address: Mailing Address:  Attn:  Street and No. City, State, Zip  Email Address: Ifdifferent from Client/Owner  CONSTRUCTION CHECKPOINT INSPECTION BILLING:  All invoices for Inspections will be sent directly to the listed Responsible Party above unless otherwise indicated by the Client/Owner by checking the box below. By indicating this preference, the Client/Owner is solely responsible for notifying the General Contractor of this arrangement. Final certification and/or lien release documents will not be released until the entirety of invoicing from AEG for work associated this project including  any portion invoiced to the General Contractor is paid int full.  Please bill the Project General Contractor for Construction Checkpoint Inspection Billing.  30    APEX MSEMGSAC  FEE SCHEDULES  CONSTRUCTION INSPECTIONS Counties Outside Walton Co.  Hourly Rates (See below, $350 minimum charge)  Inspection requests the "day of the required inspection, or requested to be performed during non-business hours, Inspections requested to be performed on weekends or holidays shall be billed at 2X1 the normal scheduled fees. Billable time associated with Construction Inspection services shalli include travel, standby, time on thej job site, any associated client/contractor consultation time, and all time associated with preparation of inspection For projects located in excess 40 miles from our office location, mileage reimbursement shall be billed in accordance with the standard rate in effect at thet time of travel and as published by the U.S. Internal Revenue  shall be billed at 1.5X the normal scheduled fees.  Inspections cancelled the "day of" the inspection are subject to a $50 cancellation fee.  deliverable(s). Service.  STANDARD HOURLY RATES STANDARD HOURLY RATES Principal: Professional Engineer Expert Witness Services Professional Engineer CAD Design Technician Construction Inspector  $265 per hour $290 per hour $175 per hour $110 per hour $95 per hour  Staff Engineer / Project Manager $145 per hour Senior Designer/ / Project Engineer $125 per hour  Billable time shall include travel, standby and consultation time for all service categories as well as any time for  research and material preparation associated with any Expert Witness Services.  COPY/PRINT/PLOT SERVICES  (2) Full size original prints of construction documents are included within the contract fee and will be made available in our office for pickup at the C/O's convenience. Mailing plans is noti included and will be billed as a reimbursable expense. In house printing/plotting for additional requested construction documents is available at  the following fees per sheet: Prints Color:  Prints Black & White: 8.5x11-$0.20, 8.5x14-$0.50, 11x17-$0.75 Plotting (B&W only): 24x36-$2.50, Larger-$ $3.00  8.5x11-$1.00, 8.5x14-$1.50, 11x17-$2.00  REIMBURSABLE EXPENSES  All other expenses including, but not limited to, copying, printing, film processing, expendable materials, postal/courier costs, surveying, testing services, subcontractors, consultants and equipment rentals shall be  reimbursable based on our incurred cost plus a 15% Administrative Fee.  31    1. STANDARD OF CARE. The services performed by Apex services relating to the preparation of the documents and subject Engineering Group, P.L.L.C., hereinafter AEG, under this tot the following limitations: (1) The C/O acknowledges that such Agreement will be performed and conducted in a manner documents are not intended or represented to be suitable for use consistent with the level of skill and competence ordinarily on the Project unless completed by AEG, or for use or reuse by exercised by members of the engineering profession practicing the C/O or others on extensions of the Project, on any other in the same locality under similar conditions at the time these project, or for any other use or purpose, without written serviçes are being provided. NO OTHER REPRESENTATION verification or adaptation by AEG; (2) any such use or reuse, or OR WARRANTY ABOUT THE PERFORMANCE OF THE any modification of the documents, without written verification, SERVICES, EXPRESSED OR IMPLIED, IS INTENDED OR completion, or adaptation by AEG, as appropriate for the INCLUDED IN THIS AGREEMENT, OR IN ANY REPORT, specific purpose intended, will be at the C/O's sole risk and OPINION OR OTHER DOCUMENT PROVIDED AS THE without liability or legal exposure to AEG or to its officers, RESULT OF THIS AGREEMENT, AND ALL OTHER directors, members, partners, agents, employees, and WARRANTIES ARE EXPRESSLY DISCLAIMED. AEG and consultants; (3) C/O shall indemnify and hold harmless AEG its consultants may use or rely upon design elements and andi its officers, directors, members, partners, agents, employees, information ordinarily or customarily furnished by others, and consultants from all claims, damages, losses, and expenses including, but not limited to, specialty contractors, manufacturer, whatsoever, including attorney's fees, arising out of or resulting 2. CHANGE OF SCOPE. The Scope of Services set forth in such limited license to C/O shall not create any rights in third by the Client/Owner, hereafter C/O or Client or Owner. For Deliverable documents are not considered complete unless some projects involving conceptual planning or development signed and sealed in accordance with Chapter 471.025(1) of the services, the scope may not be fully definable during the initial Florida Statutes by the Engineer of Record. Completed project phases. As the project progresses, facts discovered may indicate deliverable documents will not be released until AEG has been that the scope must be redefined. Changes in scope may warrant paid in full all amounts due for services, expenses, and other Additional Services which are not a part of the agreed upon related charges associated with the Project. C/O in accordance with AEG's prevailing hourly rate schedule 5. THIRD PARTIES, SUCCESSORS, ASSIGNS, AND In the event of any legal or other controversy in connection with favor of a third party against either the C/O or AEG. AEG's the C/O's project that requires the services of AEG, except suits services under this Agreement are being performed solely for the or claims by third parties against the C/O arising out of errors or C/O's benefit. Neither the C/O or AEG may assign, sublet, or omissions of AEG, the C/O agrees to compensate AEG on a transfer any rights under or interest, including, but without time and materials basis for any and all work performed, limitation, moneys that are due or may become due, in this including, but not limited to, any time spent conferring with the Agreement without the written consent of the other, except tot the CIO or their representatives, as well as reimbursement for all extent that any assignment, subletting, or transfer is mandated or direct expenses incurred related tol legal assistance in accordance restricted by law. Unless specifically stated to the contrary in with. AEG's prevailing hourly rate schedule at the time of such any written consent to assignment, no assignment will release or and other documents prepared or furnished by AEG, including The C/O and AEG are hereby bound and all the successors, those in electronic form, including emails, are referred to as executors, administrators, and legal representatives of the C/O Instruments of Service. The C/O acknowledges that AEG and AEG are hereby bound tot the other party, to this Agreement retains all ownership and property interest (including the and to the successors, executors, administrators, and legal copyright and the right of use) in such Instruments of Service, representatives, and said assigns, of such other party, in respect whether or not this Agreement is terminated and the Project is ofa all covenants, agreements, and obligations of this Agreement. completed. By execution of this. Agreement, the C/O agrees not Unless expressly provided otherwise, nothing in this Agreement use, reuse or make any modification to the documents provided shall be construed to create, impose, or give rise to any duty by AEG incident to this agreement without the prior written owed by the C/O or AEG to any contractor, subcontractor, 4. PROJECT DELIVERABLE DOCUMENTS. The C/O shall agents, any contractor, subcontractor, supplier, other individual have a limited license to use the Project Deliverable documents or entity, or to any surety for or employee of any of them shall on thel Project, extensions of the Project, and for related uses of have any claim against AEG because of this Agreement or the  suppliers, and they publishers of technical standards.  from any use, reuse, or modification of the documents without written verification, completion, or adaptation by AEG; and (4)  this Agreement is based on facts known at the time of execution parties. of this Agreement, including, if applicable, information supplied  compensation. Such. Additional Services shall be paid for by the  at such time.  BENEFICIARIES. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in  legal assistance.  discharge the assignor from any duty or responsibility under this  Agreement.  3. INSTRUMENTS OF SERVICE. Drawings, specifications,  authorization of AEG.  supplier, other individual or entity, or to any surety for or employee of any of them. No other party, including the C/O's  the C/O, subject to receipt by AEG of full payment for all  APEXE ENGINEERING GROUP, PLLC.  PROFESSIONAL SERVICES AGREEMENT STANDARD TERMS AND CONDITIONS  32    performance or non-performance of serviçes provided granted AEG access to the job site. Access per Florida Statutes 6. DELAYS. If events beyond the control of C/O or AEG 12. SITE VISITS ANDI INSPECTIONS: AEG will make visits including, but not limited to, fire, flood, explosion, riot, strike, tot thel Project site ati intervals appropriate to the various stages of war, process shutdown, materials or labor shortages, act ofGod, construction, as AEG deems necessary, to observe the the public enemy, or any act or regulation of any government Contractor's executed work as described in the Contract entity, result in the delay to any schedule established in this Documents. Such visits and observations by AEG, are not Agreement, such schedule shall be amended to the extent intended to be exhaustive or continuous or to extend to every necessary to compensate for such delay. In the event such delay aspect of the Contractor's work in progress or to involve detailed exceeds 60 calendar days, C/O also agrees that AEG shall be inspections of the Contractor's work in progress beyond the entitled to an equitable adjustment in compensation for any responsibilities specifically assigned to AEG in this Agreement 7. OPINIONS OF COST. Any opinion of probable cost observation oft the work based on AEG's exercise of] professional prepared by AEG under this agreement is supplied for the judgment to become familiar with thej progress and quality of the general use and guidance of the C/O only. Since AEG has no portion of the work completed. Based on information obtained control over private contract negotiations, competitive bidding during such visits and observations, AEG will determine in or market conditions, AEG cannot guarantee the accuracy of general if the work is proceeding in ai manner indicating that the such opinions as compared to negotiated prices, contract bids or work, when fully completed, will be in substantial accordance actual costs incurred by the C/O. AEG is not responsible for with the Contract Documents. On the basis of the site visits, variations between actual construction bids or costs and AEG's AEG shall keep the C/O reasonably informed of the work 8. INSURANCE. AEG agrees to maintain statutory Workers' General contractor or C/O must schedule all. AEG site visits and Compensation insurance coverage, comprehensive general inspections at least (2) two working days prior to the date of the liability coverage, automobile liability insurance coverage, and requested inspection. All other inspection requests are subject to professional liability insurance coverage in appropriate amounts additional fees as set forthi in the Fee Schedule. 9. SAFETY. AEG specifically disclaims any authority over or guarantees the performance of any contractor or other responsibility for general job site safety, of persons other than professional nor assumes responsibility for any contractor's or AEG employees. AEG is not responsible for and has no control other professional's failure to furnish and perform its work in over the specific means, methods, techniques, sequences or accordance with the contract between the C/O and such procedures of work performed by others, or for the safety contractor or professional. AEG shall not at any time supervise, 10. HAZARDOUS MATERIALS. It is acknowledged by both bei responsible for the means, methods, techniques, sequences, or parties that AEG scope of services does not include any services procedures of construction selected or used by any contractor or related to asbestos, mold, radioactive, hazardous or toxic professional, or the safety precautions and programs incident materials. In the event AEG or any other party knowingly thereto, for security or safety at the Project site, nor for any encounters asbestos, mold, radioactive, hazardous or toxic failure of a contractor or professional to comply with laws and materials at the job site, or should it become known in any way regulations applicable to such contractor's or professional's may, at its own option and without liability for consequential or 14. CLARIFICATIONS. AEG may reject work if, on the basis any other damages, suspend performance of services on the of AEG's observations, AEG believes that such work (1) is project until the C/O retains appropriate specialist consultant(s) defective under the standards set forth in the Contract or contractor(s) toi identify, abate and/or remove said materials, Documents, (2) will not produce a completed Project that warrant that the job site is in full compliance with applicable conforms to the Contract Documents, or (3) will imperil the laws and regulations, and authorize AEG to resume work on the integrity of the completed Project as a functioning whole as 11. ACCESS. C/O shall provide AEG free, safe and timely Documents as appropriate to the orderly completion of the access to any premises necessary for AEG to perform the Contractor's work per the Contract Documents. Such services to be rendered under this agreement. C/O shall also clarifications and interpretations will be consistent with the notify any and all possessors of the job site that the C/O has intent of and reasonably inferable from the Contract Documents  hereunder.  471.027 is acknowledged by thet terms oft this Agreement.  additional costs incident to the delay.  and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general  opinions or estimates of construction costs.  progress.  during the term ofp performance of this Agreement.  13. CONSTRUCTION COMPLIANCE. AEG neither  precautions and programs incident thereto.  direct, control, or have authority over any contractor's work or other professional's work, nor shall AEGI have authority over or  that such materials may be present at the job site or any adjacent furnishing and performing ofi its work.  areas that may affect the performance of AEG's services, AEG  jobs site.  indicated by the Contract Documents. Additionally, AEG may issue necessary clarifications and interpretations of the Contract  and time will be billed in accordance with AEG's prevailing  APEXI ENGINEERING GROUP, PLLC,  PROFESSIONAL SERVICES, AGREEMENT STANDARD TERMS AND CONDITIONS  33    hourly rate schedule. Subject to any limitations in the Contract payments nor. AEG's recommendation of any payment including Documents, AEG may issue field orders authorizing minor final payment will impose on AEG any responsibility to variations in the work from the requirements of the Contract supervise, direct, or control the Contractor's Work inj progress or Documents. AEG shall notify C/O of any such authorized minor for the means, methods, techniques, sequences, or procedures of 15. PROJECT SUBMITTALS. A minimum review time of(10) applicable to the Contractor's furnishing and performing the business days from the time of submittal is required for all work. It will also: not impose responsibility on AEG to make any Project submittals associated with the Contract Documents tol be examination to ascertain how or for what purposes the returned by AEG in accordance with industry standard practices Contractor has used the moneys paid on account oft the contract AEG shall not be obligated to review any submittals until the clear of any liens, claims, security interests, or encumbrances, or project Contractor (1) reviewed and approved the submittal, (2) that there may not be other matters ati issue between the C/O and determined and verified materials, field measurements, and field the Contractor that might affect the amount thats should be paid. checked and coordinated the information contained within the AEG shall conduct a final visit to the Project to determine ifthe submittal with the requirements of the Construction Documents. completed work of the Contractor is substantially in accordance By reviewing submittals, AEG does not assume the with the Contract Documents so that AEG may recommend, in responsibility to coordinate services performed or the writing, final payment to the Contractor. Accompanying the information provided by other design professionals engaged by recommendation for final payment, AEG shall also provide a the CIO or Contractor or the trade contractors and suppliers of notice that the work is acceptable to the best of AEG's  variations.  construction or safety precautions or programs incident thereto, or the Contractor's compliance with Laws and Regulations  unless otherwise specified within this Agreement.  price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to the C/O: free and  construction criteria related thereto, or will do so, and (3)  any oft them.  knowledge, information, and belief and based on the extent of thes services provided by AEG under this Agreement. 18. PROJECT FINAL CERTIFICATION. Statements and shall be based on observations, documentation and field notes from the site visits and inspections performed by the EOR or their Authorized Representative under their responsible charge. procedures consistent with applicable standards of practice, and full all amounts due for services, expenses, and other related  16. OWNER. AND GENERAL CONTRACTOR DISAGREEMENTS. When requested by Owner, AEG shall to the acceptability oft the Contractor's work or the interpretation oft thei requirements oft the Contract Documents pertaining tot the execution, performance, or progress of the AEG ini its discretion concludes that to do so would be not show partiality toi the C/O or the Contractor and shall notl be 17.CONTRACTOR PAYMENTS/DRAWS (When Applicable).  render formal written decisions on duly submitted! issues relating professional opinions regarding project compliance by AEG Contractor's work; review each duly submitted claim by the C/O Project Final Certifications are based upon the professional ort the Contractor, and in writing either deny such claim in whole engineer's experiential knowledge, available information and ori inj part, approve such claim, or decline to resolve such claim if judgment, and in accordance with commonly accepted inappropriate. Ini rendering such decisions, AEG shalll be fair and isnot a guaranty or warranty, either expressed ori implied. liablei in connection with any decision rendered in good faithi in Final certifications will not be issued until AEG has been paid in Based on AEG'S review of applications for payment and 19. BILLING. Invoices will be issued once per month, which accompanying supporting documentation provided by the shall be payable upon receipt, unless otherwise agreed. Interest Contractor, AEG shall determine the amounts that AEG of 1.5% per month will be payable on any amounts not paid constitute AEG's representation to C/O, based on such AEG may suspend services under this Agreement, after giving observations and review, that to the best of AEG's knowledge, seven calendar days written notice to the C/O, until AEG has information and belief, the Contractor's work has progressed to been paid in full all amounts due for services, expenses, and the point indicated and the work is generally in accordance with other related charges associated with the Project. Payments the Contract Documents. By recommending any payment, AEG made shalll be applied first to accrued interest. The C/O waives shall not thereby be deemed to have represented that any and all claims against AEG for any such suspension. the Contractor's work asi iti is performed and furnished havel been 20. TERMINATION. Either the C/O or AEG may terminate exhaustive, extended to every aspect of the Contractor's worki in this Agreement at any time with or without cause upon giving progress, or involved detailed inspections of the work beyond the other party seven (7) calendar day's prior written notice. the responsibilities specifically assigned to AEG in this The C/O shall, within thirty (30) calendar days of termination, Agreement and the Contract Documents. Neither AEG's review pay AEG for all services rendered and all costs incurred up to  such capacity.  charges associated with the Project.  recommends the Contractor be paid (c.g. draw amount). Such within 60 days oft the date oft thei invoice.  recommendations of payment will be in writing and will  observations made by AEG to check the quality or quantity of  of the Contractor's Work for the purposes of recommending  APEXE ENGINEERING GROUP, PLLC.  PROFESSIONAL SERVICES. AGREEMENT STANDARD TERMS. AND CONDITIONS  34    the date of termination, in accordance with the compensation ANY OTHER CAUSE OF ACTION, PROVIDED THAT The terminating party may set the effective date of termination DAMAGES THAT ARE FOUND BY A TRIER OF FACT TO at a time up to 30 days later than otherwise provided to allow HAVE BEEN CAUSED BY AEG'S GROSS NEGLIGENCE AEG to complete tasks whose value would otherwise be lost, to OR WILLFUL MISCONDUCT. THE PARTIES ALSO prepare notes as to the status of completed and uncompleted AGREE THAT THE C/O WILL NOT SEEK DAMAGES IN tasks, and to assemble Project materials in orderly files. AEG EXCESS OF THE CONTRACTUALLY AGREED-UPON agrees to deliver to the C/O copies, of all then completed LIMITATIONS DIRECTLY THROUGH SUITS AGAINST deliverable documents ifrequired, noti including calculations and OTHER PARTIES WHO MAY JOIN AEG AS A THIRD- editable drawing files and documents, that directly support the PARTY DEFENDANT. "PARTIES" SHALL: MEANTHEC/O  provisions oft this Agreement.  THESE LIMITATIONS ON LIABILITY, WAIVERS AND INDEMNITIES WILL NOT APPLY TO ANY LOSSES OR  deliverables! by AEG.  AND AEG, THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, SUBCONTRACTORS AND SUB-  21. LIMITATION OF LIABILITY. AEG shall not be CONSULTANTS. responsible for the acts or omissions oft the. Architect, C/O or any employees or of any other persons at the Project site or requirements, or any application, interpretation, or clarification ofthe construction contract other than those madel by AEG. IN NO EVENT SHALL AEG BE LIABLE TO C/OORTO OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY  contractor, subcontractor, or supplier, or any of their agents or PURSUANT TO SECTION 558.0035 otherwise furnishing or performing any construction work; or for FLORIDA STATUTES, NO any decision made regarding the construction contract INDIVIDUAL EMPLOYEE OR AGENT  OF APEX ENGINEERING GROUP MAY BE HELD INDIVIDUALLY LIABLE  ANY THIRD PARTY FOR. ANYI LOSS OF USE, REVENUE, FOR NEGLIGENCE.  CONSEQUENTIAL,  INCIDENTAL,  INDIRECI, 22. INDEMNIFICATION. The C/O agrees, to the fullest extent  EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, permitted by law, to indemnify and hold harmless AEG from WHETHER ARISING OUT OF BREACH OF CONTRACT, any damage, liability or cost arising from the Project subject to TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, this Agreement, including reasonable attorney's fees and costs of REGARDLESS OF WHETHER SUCH DAMAGE WAS defense, to the extent caused by C/O's negligent acts, errors or FORESEEABLE AND WHETHER OR NOT AEG HAS BEEN omissions, and those ofk his agents or any party to whom the C/O AGREED OR OTHER REMEDY OF ITS ESSENTIAL 23. STATUTES OF LIMITATION. To the fullest extent THE C/O HEREBY AGREES, TO THE FULLEST EXTENT action under this Agreement shall expire three (3) THREE years PERMITTED BY LAW, THAT THE TOTAL AGGREGATE after completion of the services rendered under this Agreement LIABILITY OF AEG. AND. AEG'S OFFICERS, DIRECTORS, or (1) ONE year after owners other than the developer obtain PARTNERS, EMPLOYEES, SHAREHOLDERS, OWNERS control oft the real property, whichever occurs first. RELATED TO THIS AGREEMENT OR THE WORK 24. SEVERABILITY. Thei invalidity or unenforceability of any AUTHORIZED HEREIN, WHETHER ARISING FROM particular provision of this. Agreement shall not affect the other BREACH OF CONTRACI, NEGLIGENCE, OR OTHER provisions hereof and this Agreement shall be construed in all COMMON LAW OR STATUTORY THEORY OF respects as if such invalid or unenforceable provisions were RECOVERY, SHALL NOT EXCEED THE LESSER OF THE omitted, and the remaining provisions shall remain in full force AGGREGATE AMOUNTS PAID OR PAYABLE TO AEG and affect. Upon such determination that any term or other UNDER THIS. AGREEMENT OR THE MINIMUM AMOUNT provision is invalid, illegal, or unenforceable, the parties hereto THAT IS ALLOWED UNDER THE PREVAILING LAWS OF shall negotiate in good faith to modify this Agreement so as to LIMITATIONS ON LIABILITY, WAIVERS AND contemplated hereby be consummated as originally INDEMNITIES IN THIS AGREEMENT ARE BUSINESS contemplated to the greatest extent possible. APPLY TO ALL LEGAL THEORIES OF RECOVERY, 25. DISPUTE RESOLUTION. The parties to this agreement INCLUDING BREACH OF CONTRACT OR WARRANTY, shall attempt to settle any disputes arising under this Agreement BREACH OF FIDUCIARY DUTY, TORT (INCLUDING by discussions between the parties' senior representatives of NEGLIGENCE), STRICT OR STATUTORY LIABILITY, OR management. The parties to this agreement agree to negotiate  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, isl legally liable. AND NOTWITHSTANDING THE FAILURE OF ANY  PURPOSE.  permitted by law, parties agree that, except for claims for indemnification, the time period for bringing claims or causes of  AND SUB-CONSULTANTS ARISING OUT OF OR  THE STATE OF FLORIDA.  effect the original intent of thej parties as closely as possible in a mutually acceptable manner in order that the transactions  UNDERSTANDINGS BETWEEN PARTIES AND SHALL  APEXI ENGINEERING GROUP, PLLC.  PROFESSIONAL: SERVICES. AGREEMENT STANDARD TERMS AND CONDITIONS  35    any dispute between them in good faith for a minimum of four This Agreement, upon execution by both parties hereto, can be (4) hours within thirty (30) days after the notice of dispute. If amended only by a written instrument signed by both parties. any dispute cannot be resolved in that manner, the parties to this Agreements or contracts between the project Architect and agreement agree to then attempt non-binding mediation with an Owner have not been provided for our review and therefor no independent third party for a minimum of four (4) hours within terms or conditions included therein shall be construed to sixty (60) days after the notice of dispute. Ifany dispute cannot replace, be incorporated in, or be added to the terms of this arbitrator acceptable to both parties int their reasonable judgment. 30. PROPOSAL. The terms expressed in the proposal attached Arbitration shall be conducted according to Chapter 682, Florida tot these terms and conditions are expresslyi incorporated. herein. shall be conclusive and binding upon the parties. Each party 31. CAPTIONS. Captions and paragraph headings within this shall pay one-half(1/2) oft the cost oft the arbitrator and their own document are: for convenience and reference only and in no way  be resolved in the above manner, the parties to this agreement contract. agree to resolve the dispute by binding arbitration before a single Statutes, Arbitration Code. The determination of the arbitrator  attorney'sf fees.  define, describe, extend or limit the scope or intent of this Agreement, nor the intent ofany provisions! hereof.  In the event any legal actions are brought to enforce this Agreement, the prevailing party shall be entitled to collect its 483-6336-1582,V.3 litigation costs from the other party. The parties agree that this Agreement was entered into in Walton County, Florida, and if any mediation results from any Party's breach of this Agreement, the venue for any associated mediation proceedings shall occur exclusively in Walton County, Florida, and that the venue for any litigation that results from any Party's breach of this Agreement shall lie exclusively in the Circuit Court in and 26. WAIVER OF JURY TRIAL. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT ANY OF THEM MAY HAVE TO TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THE PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES' TO 27. NO WAIVER. No failure of either Party to exercise any right or power given such Party hereunder ort toi insist upon strict compliance by the other Party with its obligations hereunder, and no custom or practice of the parties at variance with the terms thereof, shall constitute a waiver of a Party's right to demand exact compliance with the terms hereof. 28. AUTHORITY. The persons executing this Agreement hereby certify and warrant that they have the authority to sign as, or on behalf of, the party for whom they are signing. 29. AGREEMENT. The laws of the State of Florida shall govern the validity, interpretation and performance of the terms set forth in this agreement. This agreement is made between the C/O and. AEG, and it is agreed that this agreement constitutes the entire agreement, superseding any prior negotiations, correspondence or agreements, either oral or written.  for' Walton County, Florida.  ENTER INTOTHIS AGREEMENT.  APEX ENGINEERING GROUP, PLLC.  PROFESSIONAL SERVICES. AGREEMENT STANDARD TERMS AND CONDITIONS  3b    Grants Updated- 11/5/24  Title  Amount  Status  NWFWMD/NERDA $971,850  Draft Stormwater Master Plan Complete. Water Quality portion is Hazard Mitigation. Elevation of (12) lift stations and switch gear for Washington Gym Generator Power.Submitted 3/6/20. 25% match. Clifford Sims Park Repairs due to Hurricane Michael. Approved 4/21/23.The project is complete and we have requested Centennial Bldg. Rehab. Grant awarded. The project is complete Sewer Rehab- City Wide. Approved 5/21. CCTVwork approved. Washington Gym Rehabilitation. Submitted by UF. Approved and will be administered thru the State of Florida Division of Historical Cape San Blas Lighthouse Complex. The project has been re-bid. Approval has been given for the amended scope of work by the Potential 65% loan/35% grant for new Government Complex. The Grant. Agreement: signed 9/15/21. Funds received. $1,000,000 allocated for 10th Street Sports Complex & $786,545 for Road  on hold.  FDEM FEMA Historic Resources/Hurricane Michael CDBG-DR National Park ystem/Hurricane Michael Historic Resources/Hurricane Michael USDA COVID-19 Rescue Plan FDEO FDEP Water Protection Funds FDEP Water Protection Funds FDEP FRDAP FDOT/SCOP NOAA FDOT Phasel FDOT Phase II  $660,943 $5,000 1.4M $497,495 $9,996,000 $83,000 $327,707 $4,000,000 $1,786,545  Approved 12/16/22 reimbursement.  and we have requested reimbursement.  Resources State.  funding request is on hold. Paving already spent. 4/8/22. Phase lis complete.  $675,426.00 Commercial District Waterline Replacement. Grant Approved  $965,000 $4,300,000 $218,895 $150,000  System Wide Septic to Sewer for 175 connections. Grant Application approved 11/10/21. Accepting Applications for service. Beacon Hill Sewer. Grant Application Approved 11/9/21. The collection system and lift station is constructed. City Staff is making Resilient Florida (Study of PSI). Submitted 8/30/21, Working with Core Park Splash Pad & Restroom, 25% City Match. Submitted 8/27/23. Second Request. Was not approved. fori the 2024 fiscal year. The contract was awarded to Roberts & Stormwater Management (H&H)s Study, Approved 4/21/23 Hwy 98 Beautification Grant, Approved 12/16/22. Coastal has  taps. UF.  $575,417.65 Application for re-surfacing Allen Memorial. Approved on 8/23/22  Roberts.  $280,000 $1,563,611 $100,000 $129,580  Phase II Application submitted 12/19/23 completed the design. Out for bids  37    Phase Il approved 1/10/24  Legislative Request $1,500,000  Road Paving, submitted by Clark Smith approved in the 23/24 State Lead and Copper Service Line Inventory. Additional $9,800 Grant/ Downtown Water line Replacement Phase II. Approved, Application  2023 FDEP/SRF FDEP/SRF  Budget. Grant being worked thru FDOT.  $102,000 Grant $1,506,338 Grant $1,000,000 TBD, up to $750,000  Loan/$98,000 $10,200 Loan Approved as well. The project is complete.  Loan/S655,456 submitted on 11/2/23  Legislative Request $500,000  Fire/Police Public Safety Facility Road Paving Workforce Housing Project Submitted 11/10/23. Was not approved  2023 Army Corps of Engineers Gulf Consortium  Stormwater Improvements, Application submitted on 10/18/23. Signed the sub-grant agreement with Gulf County on 10/31/23 for Rural Infrastructure Fund, Workforce Housing Access Road. Application submitted 11/3/23. Was not approved. Police Dept. - Occupant Protection. Application submitted on Police Dept. -Speed & Aggressive Driving. Application submitted on  $15,000,000 Was not approved.  the ESAD Purchase re-imbursement  Dept. of Commerce $2,000,000  FDOT FDOT FDOT  $47,302 $84,302  2/27/24.  2/27/24. Was not approved. in March 2024. Was not approved.  $561,884.66 Ave C& D Paving SCOP Grant. Application submitted the first week  Historic Resources $1,000,000  Washington Gym Improvements. 25% match required. City/County/  (FDHR) FDEP FDEP  UF partnership. Application submitted 5/31/24.  $84,000,000 Waste Water Plant Improvements. Application submitted 5/29/24.  Was not approved.  $80,000  Water Plant Backwash Reuse Project. Application submitted 6/11/24. Estimated $200,000 project with Max of 40% Grant. Was Workforce Housing Road. Application submitted 7/16/24. Was not  not approved. approved.  Dept. of Commerce $1,534,824  38    RFP # 2024-18 Phase II  FDOT District Three Construction of Beautification Grant Program SR30 (US 98) from State Road 71 Cecil G. Costin Rd (MP 2.110) to  First Street (MP 2.407) City Commission Conference Room October 18, 2024, at 3:05 P.M.  VENDOR  BID AMOUNT #43,550,  Coashl Designél Lankupe  39    RESOLUTION NO 2024-12  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PORT ST. JOE ADOPTING A SCHEDULE OF FEES, CHARGES AND EXPENSES RELATED TO PROGRAMS AND FACILITIES PROVIDED BY THE CITY OF PORT ST. JOE, PROVIDING FOR REPEAL OF ANY RESOLUTION IN CONFLICT HEREWITH, AND PROVIDING FOR AN  EFFECTIVE DATE  WHEREAS, the City of Port St. Joe, Florida provides numerous facilities and programs WHEREAS, these programs and facilities require considerable expenditure of] public WHEREAS, iti is appropriate for the actual users ofthese facilities and programs to bear a WHEREAS, it isi in thel best interest oft the City Commission and the people of the City of NOW,THEREFORE, BE IT RESOLVED by the City Commission of the City of Port St.  for the benefit of the public; and  funds; and  portion ofthe costs thereof; and  Port St. Joe to adopt a schedule of fees, charges and expenses;  Joe, Florida as follows:  1. 2.  The City Commission hereby adopts the schedule of fees, charges and expenses attached hereto as Exhibit "A" for programs and facilities described therein. Resolutions or other schedule of fees, charges and expenses of any kind associated with City programs and facilities adopted prior to the date hereofis  repealed.  3.  This Resolution is effective immediately upon passing.  THIS RESOLUTION ADOPTED this  day ofNovember, 2024. CITY COMMISSION OF THE CITY OF PORT ST. JOE, FLORIDA  BY:  Rex Buzzett, Mayor-Commissioner  Attest:  Charlotte M. Pierce, Auditor/Clerk  46    EXHIBIT. A: RECREATION PROGRAMS ANDI FACILTY FEE SCHEDULE  CITY OF PORTS ST.JOE RECREATION USER FEES  FACILITYFEES PADGPAMIOCAIONANEA Centennial Building Washington Gym Rental event to 12p pm (noon) day aftere event Centennial! Building Washington Gym Rental Rentalt time:: 12p pm( (noon) day priort to Individuals and Groups eventt to1 12p pm( (noon) daya aftere event Centennial Building Washington Gym Rental  ACTIVITY Facility Rental Commercial  USERFEE  $1,000. 00F Reimbursable: Security Deposit plus $1.50.00-agperdy  Rentalt time: 12 pm (noon) day priorto (Corporations orE Businesses)  Facility Rental  $1,000.00 Reimbursable: Security! Deposit plus $400.00( (+tax) per day  Facility Rental Civic/Non! Profit  $1,000F Reimbursable Security Deposit  plus  Rentalt time: 12p pm (noon) day priort to *proof of5 501(c)(3) ort taxe exempt $100.00 per day  eventt to1 12pm( (noon)o daya aftere event statusr required  Centennial Building Washington GymF Rental Rentalt time:: 12p pm( (noon) dayp priorto Bereavement event to1 12p pm( (noon) daya aftere event STACH Housel Building Rental Maddox Parkor Core Park Rental City! Hall, Maddoxl Park, or Core Park PavilionF Rental Frank Patel Park ADMINISTRATIVEF FEES Code! Enforcement Administrative Waste Water (in CityHaulers) updated 10/14/2024  Facility Rental Government Entity or Facility! Rental Birthdayi Parties Park Rental Pavilion Rental BoatLaunch Fee  $1,000F Reimbursable! Security Deposit plus $100.00 per day $200.00 Reimbursable Security Deposit plus $100.00(tax)p per day $200.00 Reimbursable Security Deposit plus $100.00uptos $1,000.00 (+tax) per day NoFee Permit Required City Property Owner- -NoF Fee County Property Owner- -NoF Fee Out-of-County- -$20 per day; $100 Annual Pass  Special Pick UpA Admin Fee $25.00 perp pickup  Lien Search! Fee Procurement: Search Fee Dumping Fee  $25.00 pers search $50.00 pers search $55.00 per 1,000 gallons truck capacity $100.00 per 1,000g gallons truckcapacity  Waste Water( (Outo ofCityHaulers) DumpingFee  41    AGREEMENT FOR TEMPORARY USE OF CENTENNIAL BUILDING  CITY OF PORT ST. JOE, FLORIDA  NAME OF INDIMIDUAL OR ORGANIZATION ENTERING AGREEMENT (HEREIN KNOWN. AS USER):  STREET ADDRESS: CITY: TELEPHONE: DATE(S) REQUESTED: TYPE OF EVENT IN DETAIL:  STATE: EMAIL:  ZIP:  TIME(S) OF EVENT  PROPOSED # OF PEOPLEATTENDING EVENT:  Please check the following boxes that apply to your event: pAlcohol Artists/Vendors a Tax Exempt In consideration oft the mutual covenants and conditions contained! herein, the Board of City Commissioners of the City of Port St. Joe, Florida, a municipal corporation (herein known as "City"), agrees to make All Users be advised that the Board of City Commission does not rent this facility to organizations for extended periods of time. Rentals are on a temporary basis only, and Users are urged to make other  available the Centennial Building to User on the date(s) set forth above.  arrangements as soon as possible. 1. The City shall:  a. Furnish light, heat, and water by means of appliances installed for ordinary purposes, but for no other purposes. Interruptions, delays, or failure to furnish any of the same, caused by anything beyond the control of the City Commissioners, shall not be charged tot the City b. Not be responsible for damages, accidents, or injury that may happen to the User or their agents, servants, employees, spectators, or any and all other participants and/or property from any cause whatsoever, arising out of or resulting from the above-described activity Reserve the right, in the exercise of its discretion, to rescind and cancel this agreement at any time when the purpose or purposes for which the premises herein described are being used andi intended to be used, shalll be obnoxious or inimical to the best interest of the City; d. The activities of the City have priority, and the City reserves the right to alter this schedule  of Port St. Joe.  during the period covered by this agreement.  anything herein contained notwithstanding.  by notifying the renting party 48 hours prior to a scheduled event. a. Take the premises as they are found at thet time of occupying by the User. b. Remove from the premises within twenty-four (24) hours following the conclusion of the contracted activity all equipment and materials owned by the User. The City assumes no  2. The User shall:  liability for the User's equipment and materials.  42  CENTENNIAL BUILDING RENTALAGREEMENTI    Not re-assign this agreement or sublet the premises or any part thereof or use said premises or any part thereof for any purpose other than that herein specified, without d. Indemnify the City and hold it harmless from any liability, including court costs and attorney fees which result from any of the activities which occur on the property during the term of this Agreement. In the event that the User's use of the premises includes a performance or performances which might be subject to a license fee payable to any organization such aa ASCAP or BMI, the User shall be responsible for such fee and willi indemnify and hold the City harmless in the event that any such feei is assessed against the City. e. Not load or unload any equipment, furniture, tables, or chairs through the front entrances. The User acknowledges that only the side doors may be used to load or unload  written consent of the City.  aforementioned items.  3. Payment of Charges:  a. All payments and deposits must be made by check or money order payable to the' "City of b. All payments willl be delivered to the City as of the date oft the execution of this Agreement. C. Attached hereto as Exhibit' "A" is the fee schedule for use of these City facilities.  Port St. Joe" and paid in full before the facility is reserved.  4. The following Regulations shall be followed:  a. Activities will not be permitted between 12:00 a.m. (midnight) and 6:00 a.m. without prior b. The City equipment will not be taken from the premises under any conditions and in the event any equipment is found missing, the User is responsible for its replacement costs. Alcohol Permits and/or Certificates of Liability Insurance must be provided to the City d. Certificates of Liability Insurance must be provided to the City before facility is reserved for e. Atrash plan must be in place for all events and given to the City at the time the facility is Asecurity plan must be in place for all large events and given to the City at the time the All lineups of artists and/or vendors must be provided to the City at the time the facility is h. The premises shall not be marked upon, painted, cut, drilled, taped, glued, nailed or screwed into, ori ina any way defaced on the walls, ceiling, partitions, stage, drapes, window coverings ori fioors oft the premises or buildings. Any defacement, damage, or injury caused  permission from the Commission.  before rental when alcohol is allowed at the event.  all large events. reserved. facility is reserved. reserved.  willl be the responsibility of the User who signed this application. All chairs and tables must have rubber tips to protect the floor.  5. Deposit Guidelines:  a. Deposits will be cashed immediately, and a refund check will bei issued once the following  items have been addressed after the rental date(s). All lights were turned off after the event iv. The premises have been left secured V. No damage tot the property  . AIIA/C Heating units must be turned back up to at temperature of7 77" iii. Allt trash and decorations have been removed and placed in outside dumpsters vi. All thet tables and chairs were folded and returned to the location where they were found. *Do not remove table and chairs from premises - make any party planners  aware they are the property of the City*  43  CENTENNIAL BUILDING RENTALAGREEMENT!    vi. Keys must be returned to City Hall no later than 12:00 p.m. (noon) the day after the event. If the event occurs on a weekend, there is a drop box behind City Hall  wherei the keys can be returned.  AIl buildings are inspected by a city employee prior to, and after each event. Items not found in satisfactory **Deposits will not be returned on cancellations unless requested 30 days before the scheduled renta!**  condition after the event will result in at forfeiture oft the deposit.  6. Acknowledgement:  a. This agreement will not be binding upon the City until occupied and approved by the City b. Itis understood that the City, as used herein, shall include the employees, administrators,  Commissioners.  agents, and City Commissioners.  .  (person requesting permit), a citizen of  the State of Florida and the United States of America, do hereby solemnly swear or affirm that Ia am not a member of an organization or party with believes in or teaches, directly or indirectly, the overthrow oft the Government of the United States or of Florida by force or violence. Furthermore, the organization that I represent subscribes to the above  statements of loyalty. for this entity.  d.  (initials) My signature on this document ensures that l'ami the person responsible  User Printed Name User Signature  Date  For Office Use Only  Approving Authority  Date  44  CENTENNIAL BUILDING RENTAL AGREEMENTI