AGENDA VALPARAISO, FL 850-729-5402 November 12, 2024 6:00 PM  CITY OF VALPARAISO & VALPARAISO CABLE AUTHORITY JOINT MEETING  Invocation (Commissioner Hamilton) Pledge of Allegiance (Mayor Smith) APPROVAL OF MINUTES  October 14, 2024, Regular Commission Meeting October 28, 2024, Special Commission Meeting CITIZENS' CONCERNS (non-agenda items)  1. Resident 2. Non-resident  ACTION ITEMS/POTENTIAL ORDINANCES  1. Added Agenda Item  2. Resolution No 27-11-12-24 Interlocal Agreement for Fire Services  -Attach 1 Attach 3 Attach 4  3. Resolution No 28-11-12-24 City Engineer Contract Release & Termination Attach 2  4. 363 Washington Invitation for Bid 5. 166 Edge Utility. Bill-- OLD BUSINESS 1. Update New City Hall Renovation 2. Legal Update 3. Fire Department Updates 4. Purchase Air Force Property-  Attach 5 Attach 6  5. Ordinance No. 740 Prohibiting Public Camping & Sleeping-- REPORTS / CORRESPONDENCE LANNOUNCEMENTS  1. TPO/DOT 2. Stormwater  3. Community Liaison Report 4. Regional Sewer Update 5. Planning Commission Update 6. Community Center Update 7. Department Updates 8. Disbursements 9. Etc.  Attach 7    RESOLUTION NO. 27-11-12-24  A RESOLUTION OF THE CITY OF VALPARAISO, AGREEMENT FOR FIRE SERVICES BETWEEN THE CITY OF NICEVILLE AND THE CITY OF  FLORIDA,  APPROVING  THE  INTERLOCAL  VALPARAISO.  WHEREAS, Niceville and Valparaiso are municipalities within the boundaries of WHEREAS, both Niceville and Valparaiso meet the definition of a "public WHEREAS, $163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" provides that local government units may contract with each other to exercise jointly any power, privilege or authority which such agencies share in common which for purposes of this Agreement includes providing fire, emergency rescue, and medical services within their jurisdictional boundaries (collectively "Fire  Okaloosa County, Florida; and  agency" as defined in 163.01(3)(b); and  Services"); and  WHEREAS, Valparaiso desires to provide a high level of effective and fiscally responsible Fire Services in the jurisdictional limits of Valparaiso, Florida; and WHEREAS, Valparaiso has requested that Niceville furnish Fire Services within the jurisdictional boundaries of Valparaiso through an interlocal agreement; and WHEREAS, Valparaiso desires that the full, complete, and entire responsibility for Fire Services within the jurisdictional boundaries of Valparaiso be transferred to Niceville on a full-time basis, reserving for Valparaiso its inherent power of government  and effective supervision and control.  NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of 1. The Mayor on behalf of the City of Valparaiso, Florida is authorized to sign the attached Interlocal Agreement for Fire Services with the City of Niceville, Florida in the annual amount of $800,000.00, to be paid on a monthly basis. THIS RESOLUTION SHALL BECOME EFFECTIVE UPON ADOPTION. PASSED AND ADOPTED THIS 12TH DAYOF NOVEMBER 2024.  Valparaiso that:  Hubert B. Smith Mayor  ATTEST: Tammy Johnson, CMC City Clerk    INTERLOCAL AGREEMENT FOR FIRE SERVICES  THIS AGREEMENT is made and entered into by and between the CITY OF NICEVILLE, FLORIDA (hereinafter Niceville") a municipal corporation of the State of Florida whose address is 208 Partin Drive North, Niceville, FL 32578 and the CITY OF VALPARAISO, FLORIDA (hereinafter "Valparaiso") a municipal corporation of the State of Florida whose address is 465  Valparaiso Parkway, Valparaiso, FL32580.  WHEREAS, $ 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" provides that local government units may contract with each other to exercise jointly any power, privilege or authority which such agencies share in common which for purposes of this Agreement includes providing fire, emergency rescue, and medical services within theirjurisdictional boundaries  (collectively "Fire Services"); and County, Florida; and in1 163.01(3)(b); and  WHEREAS, Niceville and Valparaiso are municipalities within the boundaries of Okaloosa WHEREAS, both Niceville and Valparaiso meet the definition ofa "public agency" as defined WHEREAS, Valparaiso desires toj provide a high level of effective Fire Services in conjunction WHEREAS, Valparaiso has requested that Niceville furnish Fire Services within the WHEREAS, Valparaiso desires that the full, complete, and entire: responsibility for] Fire Services within the jurisdictional boundaries of Valparaiso be transferred to Niceville on a full-time basis, reserving for Valparaiso its inherent power rofgovernment and effective supervision and control; and functions, actions, and responsibilities of ai modern Fire Department for Valparaiso; and  and in harmony with its fiscal policies and sound economic judgement; and  jurisdictional boundaries of Valparaiso; and  WHEREAS, Niceville shall duly and competently perform any and all necessary and appropriate WHEREAS, the Valparaiso Commission has determined that this Agreement with Niceville is the most efficient method to fulfill its desire to provide Fire Services to its citizens, businesses, and  visitors in ai responsible manner; and hereinbefore described; and  WHEREAS, Niceville has indicated its willingness to accept and fulfill the responsibilities WHEREAS, this Agreement for Fire Service is not intended by the parties, nor shall be interpreted tol be at transfer, consolidation, or merger within the meaning ofthose terms for constitutional or statutory purposes or for any other purpose whatsoever and it is the intent of the parties that this Agreement shall at all times be interpreted and administered consistent with the parties' intent; and  WHEREAS, this Agreement between Niceville and Valparaiso requires the concurrence and  approval of the Niceville City Council and the Valparaiso Commissioners.  1    NOW THEREFORE, in consideration of the mutual promises contained herein and given each  party to the other, the parties do covenant and agree as follows:  1.1 RECITALS: The recitals included above form an integral part of this Agreement and are hereby 2. MUNICIPAL POWERS: By appropriate Resolution, the Valparaiso Commission shall vest with Niceville, to the extent allowed by applicable law, the authority and power to the extent necessary or desirable to perform the Fire Services herein throughout the term oft this Agreement. This Agreement is not intended to abolish the Valparaiso Fire Department, and both parties recognize that Valparaiso retains the exclusive right to resume responsibilities to provide Fire Services within the jurisdictional boundaries of Valparaiso at any time upon the expiration or termination ofthis Agreement. Valparaiso similarly retains the right to control the level of Fire Services provided under this Agreement through 3. RIGHT OF CONTROL: Niceville shall have and maintain the responsibility for providing the level 4. INTERAGENCY COORDINATION: The Niceville Fire Chief, ort their designee, shall tot the extent feasible, coordinate Fire Services functions, including special events, special community duties, individual complaints, and unanticipated events requiring Fire Services involvement with the Valparaiso Fire Commissioner or their designee. At least monthly, or as requested by Valparaiso, the Fire Chief, or their designee, will attend Valparaiso Commission meetings and shall make reports and information available to Valparaiso officials regarding Fire Services provided under this Agreement within the .CONSIDERATION: Thea annual cost for services tol bej performed by Niceville under this Agreement shall be Eight Hundred Thousand Dollars ($800,000). Valparaiso shall pay Sixty-Six Thousand Six Hundred Sixty-Seven Dollars monthly, no later than the 15th day of the month beginning October 1, 6. STAFFING LEVELS: Niceville agrees to provide nine (9) firefighting personnel to staff a single engine company in Valparaiso. Assigned personnel shall be divided into three (3) shifts and provide Fire Services twenty-four (24) consecutive hours every day. Normal staffing is three (3) personnel on each shift. These personnel shall also provide fire inspection services to ensure Florida Fire Prevention Code enforcement and coordinate fire prevention and education activities generally handled by fire departments within the City of Valparaiso. Niceville Fire Department Command Staff and support personnel will provide necessary administrative and command support for these firefighting personnel. 7.SERVICECOVERAGE: Both parties agree Niceville shall provide and maintain, on a 24-hourb basis, one (1) assigned engine company at the Valparaiso Fire Station located at 431 Valparaiso Parkway, Valparaiso FL 32580. Niceville agrees to emergency response coverage within the jurisdictional boundaries of Valparaiso on a 24/7 basis. However, both parties specifically understand and agree that responses may be periodically made from other Fire Stations due to simultaneous calls for assistance, catastrophic events, vehicle maintenance requirements, attendance at required meetings or training. Any additional Fire Services staffing and/or resources needed to address an emergency incident in Valparaiso shall be received through mutual or automatic aid agreements with local fire departments and through  incorporated herein.  mutual written consent with Niceville. of Fire Services outlined in this Agreement.  jurisdictional limits of Valparaiso.  2024.  established Emergency Management Plans.  2    8. EMPLOYMENT DECISIONS: During the term of this Agreement:  a. Alll Niceville personnel performing services under this Agreement shall be employees of Niceville and under the command and control of the Niceville Fire Department. Niceville shall be responsible for the hiring, training, assignment, discipline, and dismissal of these employees. Nothing herein shall be construed to create any successor employer relationship by and between Valparaiso and  Niceville employees.  b. Both current and future Valparaiso firefighters will be employees of Valparaiso. Nothing herein shall be construed to create any successor employer relationship by and between Niceville and  Valparaiso employees.  C. Valparaiso firefighters will be under the operational command and control oft the Niceville Fire Department. Niceville, acting in compliance with Valparaiso HR policies, shall be responsible for  assignments, training, discipline, and dismissal of all Valparaiso firefighters.  d. Niceville will assist Valparaiso withr recruiting, hiring, and training ofValparaiso firefighters. Valparaiso will be solely responsible for advertising for its firefighter positions, setting employment standards for all Valparaiso firefighters, establishing position descriptions and all associated HR duties and responsibilities. Additionally, Valparaiso willl be solely responsible for covering the costs associated with any pre-hiring processes including, but not limited to, required background checks, medical screenings, physical requirements, drug testing and all other established Valparaiso employment  requirements.  e. Valparaiso will be solely responsible for all pay and benefits ofValparaiso Fire Department  personnel.  9.NICEVILLE ORGANIZED LABOR: Both parties specifically recognize that Niceville firefighters are organized as a labor union under the International Association of Firefighters, Local 5301. Itis understood by both parties that no part ofthis Agreement, or any amendment thereto, may be in conflict with any article in the most current Collective Bargaining Agreement between Niceville and IAFFLocal 5301, without the mutual consent ofLocal 5301 and Niceville. All collective bargaining with IAFF 5301 shall be the sole responsibility ofNiceville. Niceville will notify Valparaiso ofa any changes or proposed changes to the Collective Bargaining Agreement that would affect or impact Niceville's responsibilities 10.1 PERFORMANCE AND INCIDENT REPORTING: Niceville shall maintain performance reports and statistical records regarding Fire Services activities within Valparaiso and will provide these reports  under this Agreement.  and records to Valparaiso on ai monthly basis or as: requested.  11. FIRE: STATION:  a. Valparaiso will provide Niceville full, unrestricted access and use ofValparaiso's fire station located at 431 Valparaiso Parkway, Valparaiso FL 32580 for the purpose of housing firefighters and providing Fire Services to Valparaiso. Ownership of the Valparaiso fire station will not transfer at any  time, for any reason, to Niceville.  3    b. Valparaiso will continue to own the Valparaiso fire station and will be solely responsible for C. Valparaiso shall pay for the water, electricity, sewer, garbage pickup, telephone, cable and d. Niceville does not assume any financial liability or responsibility for the Valparaiso fire station. Niceville shall maintain the Valparaiso fire station in a neat and orderly condition. Niceville shall not make any alterations to the interior or exterior oft the Valparaiso fire station and will not make any structural alterations to the Valparaiso fire station without prior written consent of Valparaiso. e. Niceville shall use the Valparaiso fire station exclusively as a fire station and only those activitiesi sreasonably yand typically: related tot the operation ofai fire: station shall be conducted by Niceville  insuring, repairing, maintaining, and/or improving the Valparaiso fire station. internet service, and all other necessary utilities for the Valparaiso fire station.  in or at the Valparaiso fire station.  - Niceville shall not commit or permit waste or damages to the Valparaiso fire station; shall not conduct or permit a business or act that is a nuisance or may be in violation of any federal, state, or local law or ordinance; and shall surrender the premises on expiration or termination of this Agreement  in a clean condition.  g. Except for materials that are reasonably necessary for Niceville to perform it Fire Service duties, Niceville shall not temporarily or permanently hold or store hazardous chemical, materials, or  waste at or upon the Valparaiso fire station.  h. Niceville shall prohibit and refrain from engaging or allowing any use of Valparaiso's fire station that will increase Valparaiso's insurance premiums without the prior written consent of 12. FIRE DEPARTMENT RESOURCES: It is specifically intended by both parties that ownership of all Valparaiso Fire Department tools, equipment, safety gear, vehicles, and apparatus (collectively Firefighting Equipment") will remain with Valparaiso. Valparaiso Firefighting Equipment may be used by the Niceville Fire Department for use in benefit of Valparaiso and Niceville during the term of this Agreement. Valparaiso is solely responsible for purchasing, insuring, maintaining, repairing, or replacing Valparaiso Firefighting Equipment. Firefighting Equipment for use in Valparaiso shall be continuously maintained and in a constant state of readiness. Any Firefighting, Equipment originally purchased by Valparaiso or purchased by Valparaiso during the term oft this Agreement which is still in service at the termination or expiration of this Agreement, shall be returned to Valparaiso. It is specifically understood and acknowledged by both parties that any Firefighting Equipment returned to Valparaiso will be subject to normal wear and tear. In addition, it is specifically understood and acknowledged by both parties that any Firefighting Equipment purchased by Niceville to replace Valparaiso Firefighting Equipment that became unrepairable, obsolete, or has reached the end ofi its 13.INSURANCE: During the term ofthis Agreement, Valparaiso agrees tol keepi in force public liability insurance, worker's compensation insurance, comprehensive automobile insurance, and other full insurance coverage at all times in minimum sums of one million dollars ($1,000,000). Valparaiso will provide Niceville written proofo of all such insurance coverages within thirty (30) days of the effective date of this agreement. Valparaiso agrees to name Niceville as an additional insured on its  Valparaiso.  useful life during the term ofthis Agreement shall remain the property ofNiceville.  4    Comprehensive General Liability Insurance Policy coverage, to the extent of] Fire Services addressed by the Agreement and agrees to provide Niceville a copy of the certificate evidencing said coverage.  14. INDEMNIFICATION AND HOLD HARMLESS:  a. Niceville shall be legally responsible for the actions ofits employees' while performing services under this Agreement. Lawsuits and claims that may bei filed shall bel handled by Nicevillei in accordance with normal procedures and Niceville shall hold Valparaiso, to the extent allowed by Florida law, harmless from any and all manner of actions, causes of actions, suits, judgements, executions, claims, and demands of any kind whatsoever, in law or equity which may result from or arise out ofNiceville's use ofValparaiso property or Firefighting Equipment, or thei intentional or negligent act ofNicevilleand any ofi its employees; and, Niceville shall, to the extent allowed by Florida law, indemnify Valparaiso from any and all damages, judgements, claims, costs, expenses, including reasonable attorney's fees, which Valparaiso might suffer in connection with or as a result of the intentional or negligent acts and b. Valparaiso agrees, to the extent allowed by Florida law, to: indemnify and hold Niceville harmless from any and all: manner ofa actions, causes ofaction, suits, judgments, executions, claims, and demands ofany kind whatsoever, in law or equity, which may result from or arise out of the unconstitutionality ofordinances enacted by Valparaiso and enforced by Niceville or from acts or omissions attributable to Valparaiso that occurred prior to the execution of this Agreement, and Valparaiso agrees, to the extent allowed by Florida law, to indemnify Niceville for any damages, judgments, claims, costs, expenses, including reasonable attorney's fees which Niceville might suffer in connection with or as ai result ofthe unconstitutionality of ordinances enacted by Valparaiso and enforced by Nicevillé or from acts or omissions attributable to Valparaiso that occurred prior to the commencement of the terms of this Agreement: for thej provision ofFire Services as expressed herein. Niceville doe not assume any existing . - Valparaiso shall have a duty to continue to defend any actions including workers compensation claims, currently being threatened or litigated, and shall be solely responsible for any liabilities arising from any currently threatened or pending actions existing prior to the signing ofthis Agreement. d. Notwithstanding any provision oft this section 13 or any other provisions ofthis Agreement to the contrary, both parties agree that nothing contained in this Agreement shall in any way be a waiverof the sovereign immunity or any of the rights, privileges, immunities or limits of liability that they presently enjoy under the Florida Constitution and statutes of the State of Florida, including Chapter 768, Florida Statutes. The parties agree that Valparaiso's determination to provide Fire Services under this Agreement is an exercise of the legislative planning function of Valparaiso and at no time shall Valparaiso exercise any specific control over the activities ofl Niceville or any Niceville employee, nor shall Valparaiso perform or undertake any act(s) that are over and above planning level functions with regard to the administration of Fire Services within Valparaiso during the term of this Agreement and In no event, will the indemnity amount of either Niceville or Valparaiso under this Agreement exceed the sovereign immunity limits as set forth in Florida Statute, Section 768.28.  the alleged intentional or alleged negligent acts ofNiceville or its employees.  or contingent liabilities of Valparaiso.  all extended terms.  5    15. NOTICES: All notices required by this Agreement shall be in writing and provided by certified or  registered mail return receipt requested or by email as follows:  a. City of Valparaiso: City of Valparaiso, Attn: Mayor Smith, 465 Valparaiso Parkway, b. City of] Niceville: City of Niceville, Attn: City Manager, 208 Partin Drive North, Niceville  Valparaiso FL 32580. FL32578  16. TERM: This Agreement shall take effect on October 1,2 2024 at 12:01 AM ("Effective Date") and shall continue in effect thereafter until September 30, 2025 at 12:00 PM, unless terminated earlier as set 17.TERMINATION OF AGREEMENT: Should either Valparaiso or Niceville determine that iti isi in their respective best interests to terminate this Agreement, notice of termination shall be delivered in writing to the other party no less than thirty (30) calendar days prior to the requested termination date. However, upon mutual written consent by both parties, this Agreement may be terminated at any time. Either party may terminate this Agreement upon ai material breach, and ifafter written notice to cure, the material breach is not corrected within thirty (30) calendar days. All notices of breach, termination, or requests to amend this Agreement shall be delivered in writing in the manner required by section 15 of 18. NO PROHIBITIONS: Both parties represent unto the other that they are not aware of any legal prohibitions, whether grounded in Federal, State, County, or Municipal law, which prevents the parties 19. NO UNINTENDED BENEFICIARIES: In no event shall this Agreement confer upon any third person, party, corporation, or entity the right to any cause ofaction or damages against any party hereto. 20. NO JOINT VENTURE OR PARTNERSHIP: Nothing contained herein shall be construed by 21. SCOPE OF AGREEMENT: This Agreement reflects the full and complete understanding of the parties with regard to its subject matter. This Agreement supersedes and voids any other agreements entered into by and between the parties hereto and may. be modified or amended only by a written 22. MANDATORY MEDIATION: In the event ofany disputes, conflicts, or disagreements regarding the interpretation or enforcement of the terms and conditions of this Agreement, both parties agree to first participate in a formal mediation process in a good faith attempt to come to resolution. Mediation shall be held in Okaloosa County, Florida, within ninety (90) days ofa written request by either party to initiate formal mediation. Each party will pay their own mediation related costs and expenses. This mediation requirement is a condition precedent for either party to file a cause of action in a court of law 23. GOVERNING LAW AND VENUE: This Agreement and all of the rights and obligations of the parties hereto shall be governed both procedurally and substantively by and construed according to the laws oft the State of Florida. The parties further agree that the exclusive venue and jurisdiction regarding  forth in section 17 ofthis Agreement.  this Agreement.  from entering into this Agreement.  either party to establish aj joint venture or partnership between the parties.  document signed by all ofthe parties hereto.  and shall survive the termination ofthe Agreement.  6    judicial determination oft the rights or obligations ofe either party under the Agreement, and any litigation relating to this Agreement, shall be the State of Florida ini the First Judicial Circuit, in and for Okaloosa 24. FILING: The parties are. hereby authorized and directed after approval to file this Agreement with the Clerk of the Circuit Court of Okaloosa County, Florida, for recording in the public records of 25. PREVAILING PARTY ATTORNEY'S FEES: The prevailing party in any litigation relating to this Agreement shall be entitled to: recover iti reasonable attorney's fees and litigation costs from the non- 26. WAIVER: No waiver of any provision hereof shall be effective unless made in writing and signed by both parties. The failure of any party to require the performance of any term or obligation of this Agreement, ort the waiver by any party ofany breach ofthis Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver ofa any subsequent breach. 27. JURY TRIAL: IN THE EVENT THAT LITIGATION IS FILED BY ANY PARTY RELATING IN ANY WAY TO THIS AGREEMENT, THEN BOTH PARTIES AGREE THAT THEYHEREBY WAIVE. ANY RIGHTTOAJURYTRIAL ON. ANY ISSUE. ARISING OUTOF OR RELATING TO THIS AGREEMENT, ANY COURSE OF DEALINGS BETWEEN THE PARTIES, AND ANY ALLEGED ORAL. AGREEMENT BETWEEN THE PARTIES.  County, Florida.  Okaloosa County, Florida as provided fori in S 163.01(11), Florida Statutes.  prevailing party.  CITY OF VALPARAISO, FLORIDA  ATTEST: By_  By:  Tammy Johnson, City Clerk Approved as to form:  Hubert B. Smith, Mayor  Hayward Dykes, City Attorney  CITY OF NICEVILLE, FLORIDA  ATTEST: By_  By:  Daniel Doucet, City Clerk Approved as to form:  Daniel Henkel, Mayor  Steven K. Hall, City Attorney  7    RESOLUTION NO. 28-11-12-24  A RESOLUTION OF THE CITY OF VALPARAISO, FLORIDA, APPROVING THE RELEASE AND TERMINATION OF THE MASTER CONTRACT  WITH POLY, INC. SERVICES.  NOW THEREFORE, BE IT RESOLVED by the City Commission of the 1. The Mayor of the City is authorized to sign the Release Agreement with Poly, Inc. attached hereto as attachment A, releasing Poly, Inc. for design and inspection responsibility and agreeing to termination of the Master Contract between Poly, Inc., and the City of Valparaiso for THIS RESOLUTION SHALL BECOME EFFECTIVE UPON ADOPTION.  City of Valparaiso that:  engineering services.  PASSED AND ADOPTED THIS  12TH DAY OF NOVEMBER 2024.  Hubert B. Smith Mayor  ATTEST:  Tammy Johnson, CMC City Clerk    RELEASE OF FURTHER DESIGN OR INSPECTION RESPONSIBILITY BY, BETWEEN AND AMONG THE CITY OF VALPARAISO, FLORIDA  AND POLY INC. (f/k/a Polyengineering Inc.)  This Release ofFurther Design and Inspection! Responsibility ("Release. Agreement")is ofValparaiso, Florida (the "City"), on the onel hand, and Poly Inc. ("Poly") on the other hand. The City and Poly are referred to collectively throughout this Agreement as the "Parties". WHEREAS, the City and Poly entered into a Contract for Poly toj provide professional engineering and architectural services to the City on various public works projects by a written  entered into and executed this  day of  2024, by and between' The City  document dated April 4, 2011 (the "Master Contract");  WHEREAS, thel Master Contract contemplates that the City and Poly would enterinto subsequent agreements to define the particular public works projects upon which Poly would  provide its professional engineering and architectural services;  WHEREAS, the City and Poly entered into a subsequent agreement (the "Subsequent Agreement") for the design and inspection of certain interior repairs and renovations to  Valparaiso City Hall (the Project");  WHEREAS, during an inspection that arose as a result of Poly's obligations under the Master Contract: atthel Project, certain deviations from Poly's design documents werei identified in the ongoing construction work performed by others (the "Construction Deviations"); WHEREAS, on April 18, 2024, and again on May 22, 2024, Poly advised the City in writing of the Construction Deviations from Poly's design documents (the "Deviation  Notices");  WHEREAS, the Parties held an in-person meeting on. June 17, 2024, at the Project to WHEREAS, at thati in-person meeting on. June 17,2024, one ofl Poly'ss subconsultants, structural engineer, Patrick Thoma, P.E. ofThoma Engineering, noted his concerns with the Construction Deviations and that he was unwilling to continue work on the Project or otherwise sign off on the final construction oft the Project until those Construction Deviations  discuss the Construction Deviations;  were addressed;  WHEREAS, the Parties have now determined that it is in the best interests ofboth the City and Poly to: release each other ofany further responsibility under the Master Agreement and also under the Subsequent Agreement and allow the City tol hire another engineering firm  to complete the Project;  WHEREAS, the Parties have further determined thatitisi in thel bestinterests ofboth the City and Poly to terminate the Master Agreement and allow the City to hire another engineering firm to perform further engineering services for any current city projects or future  Error! Unknown document property name.    city projects; and  WHEREAS, the Parties now desire to resolve fully and finally release Poly from any responsibility for the design ori inspection ofthel Project, for the Construction Deviations or any other responsibilities under the Subsequent Agreement, known and unknown, accrued and unaccrued, existing up to and including the date on which this Release. Agreement: is executed; The Parties hereby knowingly, willingly, voluntarily, freely, with the advice ofcounsel and without any coercion enter: into and agree to the following Release. Agreement: 1. Inc consideration often dollars ($10.00), thes sufficiency ofwhichi is hereby acknowledged by the City, the City does herebyirrevocably. andi unconditionally. release. Poly (and allofPoly's past and present officers, directors, employees, members, agents, successors, assigns, shareholders, and owners; purchasers and sellers; and all parent, subsidiary and affiliate corporations of the Poly) along with its subconsultants including but not limited to Patrick Thoma, P.E. ofThoma Engineering of and from any and all causes of action, demands or claims, known or unknown, accrued or unaccrued, which the City may havel had at any timei in the past, have presently or may have up to and including the date on which this Release Agreement is executed against Poly (or any of Poly's past and present officers, directors, employees, members, agents, successors, assigns, shareholders and owners; purchasers and sellers; and all parent, subsidiary and affiliate corporations of Defendant) along with its subconsultants including but not limited to Patrick Thoma, P.E. of Thoma Engineering, including, but not limited to, any and all claims, known or unknown, arising out ofor related to the Project along with any and all claims, known or unknown, arising out of or related to the Subsequent. Agreement. Thisi isac complete, final, full, absolute and unconditional release ofany and all claims that the City has ori may have against Poly arising outoforrelated to the Project  and the Subsequent Agreement.  2.  The City recognizes that Poly denies any and all liability for any of the Construction Deviations at the Project. The City acknowledges the payment made is not an admission of liability, but rather, is madel by Polyi in order to avoid the costs and uncertainty ofand potential  future litigation. 3.  Further, the City and Poly hereby agree that the Master Contract between the Parties shall terminate on December 31, 2024, unless sooner agreed by the Parties and, ini the: interim, the City is free to advertise or solicit bids from other engineering firms to perform similar  services. 4.  This Agreement shall be construed, interpreted, and enforced according to the laws of the State of Florida, without regard to Florida's conflict of laws principles. Venue for any proceeding seeking to enforce the terms ofthis Agreement: shall only be in the Circuit Courtof  Okaloosa County, Florida.  REMAINDER OF PAGE INTENTIONALLYLEFT BLANK  2    IN WITNESS WHEREOF, the Parties have executed this Agreement as ofthe date first  written above.  Hubert Brent Smith, Mayor City of Valparaiso,  Florida  STATE OF FLORIDA COUNTY OF OKALOOSA  Before me, the undersigned authority, a notary public, in and for said County and said State, personally appeared Hubert. Brent Smith, as MayorofCity ofValparaiso, Florida who after first being duly sworn does say that being informed and aware of the contents of the foregoing Agreement, he has executed it on the day that appears on the. Agreement.  SWORN7 TO and subscribed to before me this  day of  2024.  Notary Public My Commission Expires:  3    IN WITNESS WHEREOF, the Parties have executed this Agreement as ofthe date first  written above.  Poly Inc., by and through its  Agent,  STATE OF FLORIDA COUNTY OF OKALOOSA State, personallyappeared.  Before me, the undersigned authority, ai notary public, in and for said County and said does say that being informed and aware oft the contents of the foregoing Agreement, she has  whoafter first being duly sworn  executed it on the day that appears on the Agreement. SWORN TO and subscribed to before me this  day of_  2024.  Notary Public My Commission Expires:  4    INVITATION FOR BIDS-I ITB2024-XX  BIDSPECIFICATIONS.SALEOFSURPLUS] REAL PROPERTY  (ASIS)  Pursuant to the Charter of the City of Valparaiso, Florida, the City Commission of Valparaiso has declared surplus and now offers for sale the following described real  property (the Property") owned by the City ofV Valparaiso (the "City"): SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART ADDRESS: 363 Washington Avenue. Valparaiso, FL323580  HEREOF FOR. FULL LEGAL DESCRIPTION PARCEL NO. 12-1S-23-253F-0029-0040  Sealed bids will be received until 2:00 p.m. (local) Thursday (Insert Date), in the office ofthe City Clerk, City Hall, 465 Valparaiso Parkway, Valparaiso, Florida 32580. Copies of the: solicitation package can be obtained from the City Clerk. These bids will then bej publicly opened at the above time and date in the presence of City officers. Bid openings are open to the public. It will bei the sole responsibility of thel bidder to deliver their bid to the office of the City Clerk on or before the hour and date specified herein. Late bids will not be  considered and will be returned unopened.  Iti is the responsibility of Bidders to assure they have received all necessary documents, including addendums, and have included all required information ini their bid. The Property will be sold in "as is" condition insofar as City will neither warrant the Property's condition or its title. This offer to sell is based upon the terms and conditions set forth below.  PROPERTY DESCRIPTION  The property offered for sale consists of Parcel Number 12-1S-23-253F-0029-00740 as shown in Composite Exhibit "B" from the Okaloosa County Property Appraiser property detail. The property has been cleared of all structures and is considered a buildable lot of record. The zoning is R-1A allowing only single family residential with ai minimum square  footage of1 1,100.  Building Setbacks - 25 foot front, 7.5 foot sides and 20: foot rear.  Building Heights Regulating Plan Designation - The lot has a maximum building height  of35 feet.    BID REQUIREMENTS  1. Bid Deposit. All bids must be accompanied by a bid deposit in the form of a cashier's checks or certified check payable to the City ofValparaiso in an amount equal to at least ten (10%) percent of the Bid Price. All bids must be in whole dollars and on the form provided in the Invitation to Bid. 2. Int the event as successful bidder: fails to comply with or complete bid form or to timely sign the purchase contract required by Paragraph 5 below, the Bid Deposit shall be forfeited as liquidated damages following which neither party shall have any further 3. Bid Submittal. Bids, including the required bid deposit, must be submitted in a  AII bids must be good for 45 days.  rights or remedies against thec other. sealed envelope clearly marked:  (DO NOT OPEN) City of Valparaiso City Clerk's Office 465 Valparaiso Parkway Valparaiso, Florida 32580  "Purchase ofLand Parcel 525253-4029-040"  4. Late bids will not be considered and will be returned unopened. Iti is the responsibility of Bidders to assure they have received all necessary documents, including addendums, and have included all required information in their bid. The costs associated with preparing and submitting a bid are the solei responsibility of the bidder. The City will not reimburse a bidder for any costs or fees associated 5. Acceptance and Sale: Rejection. The property will be: sold to thel highest and best  with this ITB.  bidder as determined by the city commission.  Failure to sign the real estate contract timely will result in forfeiture of The City reserves the right to revoke its acceptance, without penalty, ofal bid until such time that a contract is signed by all the parties. Ifthe successful bidder fails to complete the purchase of the Property by the closing deadline, the City reserves the right to cancel the The City reserves the right to make the sole determination of bidder's responsiveness and responsibility and may waive minor irregularities which do not provide a substantial advantage to a bidder. Investigation by the City to evaluate bids submitted may include  the successful bidder's deposit.  contract.    evaluation of financial stability of bidder, and investigation of other factors relating to bidder's capacity to fulfill the purchase contract. Ifbidder will be financing the purchase evidence (i.e. bank letter of intent) of funding commitment for full amount of bid must be PeriodofHfectivenes: Allbids shall bee effective and binding upon the bidder for a period of forty-five (45) days from the date of the bid being open, and any bid deposits previously deposited shall be returned to the unsuccessful bidders within thirty (30) days after an award to the highest and best bidder: is Certification. The Bidder, by submitting his bid, certifies that his bid is made without previous understanding, agreement, collusion, or connection with any person, firm or corporation making a bid for the same property. k. Payment ofBidPrice. The Bid Deposit shall be deducted from thei total Bid Price to determine the balance due at closing which shall be payable in cash, cashier's Contesting a Bid. Any person who seeks to contest a bid award shall do SO in writing within 48 hours after the City Commission has selected a bid at a duly called public meeting. A bid protest must be delivered to the City Clerk at Valparaiso City Hall, 465 Valparaiso Parkway, Valparaiso, FL 32580. All costs to contest a bid shall be the responsibility ofthe protestor and no attorney fees or costs shall be the responsibility of the City of Valparaiso, Florida. Any person who fails to contest a bid in the time and manner described herein shall have  submitted with bid.  made.  check, certified check, or ACH wiret transfer.  waived all right to protest the bid to the City Commission.  PURCHASE CONTRACT  Upon the City Commission's acceptance ofal Bid and the time has expired to contest a bid, acontract for purchase ofthe Property shall bej prepared by the City Attorney and submitted to the successful bidder. The contract terms shall conform to the Official Bid Form and must be signed by the bidder within 10 days. Failure to sign the purchase contract within the ten days shall result in the bid being rejected and forfeiture of any deposits.    ITB XXXX Official Bid Form 363 Washington Ave Valparaiso, Florida  1. Bid Price: $  (Must be in whole U.S. Dollars).  2. Bid Deposit Amount (10% ofBid Price): $  3. Proposed Closing Date:  4. Name(s) and address to be on contract to purchase:  Signature:    Tammy Johnson From: Sent: To: Subject:  Nathan Kelley City Clerk Re: 166 Edge  Wednesday, November 06, 2024 6:20 AM  Tammy,  Prior to. 20181 the utilities division read water meters once a month using touch read technology that required a site In: 2018 wei installed newer technologyt that allows us to read meters remotely. Every hour the meter captures the current reading, and the data is stored int ther meter. Atr midnight, the datai is sent through a wireless network and stored ina as secure device that we can access remotely. The newer technology increased our readings from 2,200 per month to (241 times per day times 30 days times 2,200 meters equaling 1,584,000 readings per month) The additional data allowed us to detect high flow, no flow, tampering, leak detection, and perform "soft disconnects" In 2023 we notified 709 customers of leaks and sof far, this year wel have contacted 542 customers. Notification is only done out of a courtesy to our customer and an effort to conserve water, therei is no policy in place that states notification is required. There are many customers who are notified that choose not toi fix leaks and others who do In August of 2024, there were: several meters int the system that were reading correctly but not sending complete On September 6th, my office was notified byl Tammy. Johnson of high consumption at 166 Edge Ave when: she was running the monthly bills. We then queried the meter and found thati it was only sending 23 oft the 241 readings for the dayt thus not triggering a' "leak detection". Wei immediately notified customer upon our notification. On September 9th, the homeowner called to request a new meter. The customer continued to dispute that he had al leak as he did not see any' water. Itwas explained to him that the meter is reading correctly and that it was a software error that we were working to resolve. The meter was changed at the customer's request and expense On September 10th, Iwent toi the house out of courtesy to assist in locating the leak, Iheard water running asl I placed my ear tot the exterior kitchen wall, whent the water was turned off at the meter, the noise stopped  visit to every meteri int the system which is approximately 2,200 readings a month.  for houses that are vacant.  not have valid contact information listed. data thus not sending us an alert.  and continued to showi the same usage.  indicating al large leak in that area. madei toi the broken line.  On September 12th, the customer began turning the water off and on at the meter as needed with no repair being  Tor my knowledge the leak has not been identified but has been isolated.  Nathan Kelley Public Works Director City of Valparaiso  1    November7,2024 City Commission,  Information in reference to 166 Edge  Water Consumption for the period. July 161 to August 15 was 332,000 gallons of water fort the Water Consumption for the period. August 16t to September 15 was 468,100 gallons of We have adjusted the account $ 330.87 reducing the amounts for sewer administration, We have worked with customers in the past setting up a payment plan and late fees were  amount of $1,120.80. This bill has been paid. water fort the amount of $1,583.84. water utility tax and sewer.  waived.  It has been the policy of the city to not give away water for free.  Tammy. Johnson City Clerk    96 CEG/CEIAP  ATTN: Mrs. Kelly Schwendt, Real Property Officer 501 Deleon Street, Suite 100 Eglin AFB, Florida. 32542 November12,2 2024 Dear Mrs. Schwendt:  For some time, Eglin AFB personnel and representatives fromi the City of Valparaiso have been discussing the acquisition and transfer of Air Force property located south of Tom's Bayou and north of Eglin's East Gate and on both sides of. John Sims Parkway. This property was ini the original plats of Valparaiso. The City of Valparaiso is interested in purchasing the government property south of Tom's Bayou and north of Eglin's East Gate using the "Fee Simple" deed process. According to the Okaloosa County Property Appraiser website, the total acreage currently owned byt the government in this areai is approximately 109.6 acres. Within this areai there are also some lots which are privately owned with single family homes, a few are vacant, two businesses have property, and the City of Valparaiso has some The "Fee Simple" deed approachi fort this land will provide additional housing and commercial services essentially adjacent to Eglin. AFB. In two areas, Area A and B, there is ai total of 45.6 acres of government property currently zoned and platted for 158 single family homes. Thet third area, Area C, whichis essentially undeveloped, has 64 acres currently: zoned for single and multiple family homes, as well as a Attached is a proposal for the purchase of the Air Force owned land south of Tom's Bayou. The proposal describes the propenty andi identifies some oft the questions and actions associated with the property purchase. This proposal overrides any previous communications and position from the City of Valparaiso pertaining toi thet transfer toi the City of Valparaiso of the current government owned land  as well.  commercial area for businesses.  south of Tom's Bayou and north oft the Eglin East Gate. Looking forward to your favorable reply,  Very truly yours, Hubert B. Smith Mayor  Attach: Proposal from the City of Valparaiso for Purchase of Government Property    Proposal From the City of Valparaiso For Purchase of Air Force Property 12 November 2024  Executive Summary  There are many acres ofl land south of Tom's Bayou that were once part of the original plat of Valparaiso but came under government ownership at some point. Since that time, the government owned land south of Tom's Bayou has remained undeveloped.  The City of Valparaiso proposes to purchase this land through a fee simple deed. The land will be developed consistent with current zoning requirements-r residential (single and multi-family) and business - and with some property rezoned for commercial use. In addition, the city will This proposal overrides any previous communications and position from the City of Valparaiso pertaining to the transfer to the City of Valparaiso of the current government owned land south  incorporate some oft the property fori its use.  of Tom's Bayou and north oft the Eglin Air Force Base East Gate.  Discussion.  For reference, the land in this proposal is currently zoned as R-1A, R-1, C-1, and I-2. R-1A allows for single family residential. R-1 allows for single family and multi-family residential. C-1 allows for limited commercial. I-2 allows fori industrial use, currently an air conditioning service For this proposal, the government owned land is divided into 3 areas: Areas A, B, and Cv which are located on: (1) the east side of John Sims Parkway and north of the Lewis School athletic field; (2) the west side of. John Sims Parkway, just south of Tom's Bayou; and (3) the west side of Areas A and B contain some privately owned property with homes and some lots which are vacant. In Area B, there is city property and business property on some of the lots as well as homes and privately owned lots. Area Cis mostly undeveloped with-very few lots occupied with either homes or a business. The illustrations of the property areas are copied from the Okaloosa County Property Appraiser web site along with tables showing information about each Areas Ai is zoned as R-1 and R-1A property. The area has 19 existing single-family and privately owned lots and 62 government owned buildable lots for single-family homes. The City of Valparaiso would develop the property in this area consistent with the current zoning  occupies that property.  John Sims Parkway, south oft the overhead power line, respectively.  Area. See the attachment.  requirements.  1    Area Bi is zoned as R-1A property. The area has 18 existing single-family homes and privately owned lots. The area also has the city cemetery and an undeveloped park area. There are 2 business lots, one of which is in use. The area has 117 government owned empty lots but due to the overhead power lines, 96 lots are estimated as buildable. Ofthose 96 lots, approximately 19 lots west and south of and adjacent to the city cemetery, can be integrated into the cemetery. With the exception of transferring some property to the city for its use and allowing the business to retain its property due to its location in the last westward lot in the area, the property will be developed consistent with the current zoning requirement. Area Cis zoned as R-1A property. The area has 2 single family homes and 1 business. The area consists of 64 government owned acres with approximately 119 buildable lots as currently platted. Due to the overhead power line, the area has approximately 25 non-buildable lots. In addition, after the Area C property is purchased, the city has the option to rezone and/or replat this area to accommodate single family residential (R-1A), multi-family residential (R-2), and commercial (C-1) property development. -The attachment has a representation of how Area Ccould be platted for development. The multi-family area on the west side of Area Cwould be While only an estimate at this time, the following development timeline is provided. For Area A and Area B, it will take approximately 1 year to clear the land, install utilities, and roads with the first home construction beginning 4 months later. For Area C, it will take approximately 3 years to clear the land, install utilities, and roads with the first home or business construction There are factors associated with the purchase oft the government owned property which are not known at this time and open for discussion, some of which are listed below:  limited to two stories in height.  beginning 4 months later.  1. Air Force agreement and congressional approval to sell approximately 109.6 acres under  a fee: simple deed. 2. Timeline for purchase.  3. Determining the fair market value of the properties.  Conclusion  The City of Valparaiso looks forward to working with the Air Force to find a way to purchase the  government property located south of Tom's Bayou.  Attachment: lllustrations of Areas A, B, and C south of Tom's Bayou  2    Area A  GRANDVIEWIAVE  FLORIDA'AVE  ALABAMAAVE  BFERNIDELEAV  araiso  GEORGIA'AVE  MISSISSIRPIAVE  Area outlined in redi is Air Force property Area outlined in bluei is private property Area outlined in green is wetlands, privately-owned  Zoned R-1, R-1AI Property Existing Single-Family Homes Private Empty Lots Air Force Lots, Single-Family Homes  Lots 13 0 62  Property Owner Air Force Private City Business  Acres 16.94 3.28 0 0  3    Area B  SUISETLN:  MIRGINIAAVE  Area outlined in red is Air Force property Area outlined in blue is private or business property Area outlined in yellow is cityp property  Zoned R-1AI Property* Existing Single-Family Homes Private EmptyLots Business Lots Air Force Lots Air Force Buildable Lots* AF Lots Integrated into Cemetery 19 *Due to overhead Power Lines *Retain current zoning for single-family homes  Lots 16 3 2 117 77  Property Owner Air Force Private City Business  Acres 28.6 5.82 4.25 1.06  4    Area C  AlavllVilparaiso  ACAROLIMAAVE  LOUISIANAAVE-  Area outlined in redi is Air Force property Area outlined in blue is private or business property  Potentialz Zoning R-1A, R-2, C-1 Property* Buildable Single Family Buildable Multiple Family** Buildable Commercial* Recreational Common Area  Acres Lots 23.6 4.5 13.9 4.6  Property Owner Air Force Private City Industrial  Acres 64.0 0.53 0 0.31  89 60 TBD  * Portion can be rezoned to include commercial, C-1  5    Area C Development llustration  Single family residential  Recreational common: area  /  commercial  North-South Overhead Power Line atF Property Boundary  Singlet family residential Single family residential  Singlet family residential Singlef family residential  commercial  commercial  Multi-family, 2f floor max, residential: apartments, townhomes  Singlef family residential  Singlef family residential  commercial  Singlef family residential  Singlef family residential  commercial  Eglin North Gate Power Substation  commercial  commercial   private! home  EglinE East Gate  Potential Plat Layout for Area C Acres Lots 23.6 4.5 13.9 4.6  Potential Use R-1AI Property* Buildable Single Family Buildable Multiple Family** Buildable Commercial* Recreational Common Area  Property Owner Air Force Private City Business  Acres 64.0 0.53 0 0.31  89 60 TBD  *F Portion can be rezoned toi include commercial, C-1 ** Can be multi-storywith maximum 21 floors  6    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 V. Johnson, et. al., 603 U.S.  Case No. 23-175 (June 28,  of homeless 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, to 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) Itshall 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 présence of bedding or pillows, or ) 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: ) Lodging or residing overnight in a motor vehicle that is registered, insured, and located in a place where it may lawfully be. i) 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 campingand sleeping for recreational purposes by the City of Valparaiso. See also Sec. 74-7. - Prohibition of Public Camping    and Sleeping on City Property. To-camp-means-to-dwel-reside-within-er use-camping-aelltes-tseycampinglaelities-inelude,but-are-met-limited-te, reereationalvehieles,maerehaptaie,temt,hui,ertemperasyshelier) for temporary or permanent habitation or housing; and to RPcmpmEPePheralw ApempEPapema includes, - butnot limited-te,tarpaalinsp-cols,beds," sleeping-bags, AammoekS,OF-nen-eity  designated-cockanglaelltesamdsmlsimlarequpment.  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 orinvalid by any courto of competentpurisdiction,  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 aj 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. 740    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 oft the  proposed ordinance is published.  Proposed ordinance's title/reference: 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. 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:  X  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 notwitnstanding the fact that an exemption noted above applies, the City ofValparaiso hereby publishes the following  development districts;  information:  1See 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): Ordinance will prohibit public camping and sleeping on public property, rights of way, and public buildings in the City of Valparaiso. This is in line with F.S. 125.0231 and will help ensure public health, safety, morals and welfare in the City of  Valparaiso, Florida.  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/owns/lages, regulatory costs, including estimated  profit businesses in the City, ifa any: 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):  N/A  2    PUBLICWORKS MONTHLY ACTIVITIES REPORT  October 2024  CEMETERY Met with families-4 Made funeral arrangements-2 Oversee marker installation--2 Oversee funeral operations-2 Sprayed cope and chip lots Replaced broken sprinkler heads-2 Replaced bulbs ini frontage sign & equipment shed Trimmed crepe myrtles  PARKS  Mowed, weedeated, pulled weeds, blew, removed debris all city parks/ building & city ROWS  Doolittle Park-Rehung flag  Lincoln Park--Repaired lily pads at playground Assisted Streets cutting down 21 trees and cleanup  Misc  Assisted Water Dept hand-delivering rescission notice for the boil water notice tor residents  SHOP TRADES WORKER Cemetery-  Troubleshot circuit for sign & flag pole Replaced fixtures fors sign Installed photo cell on pole light Replaced weather tight covers Florida Park--Secured deck & walk boards Glen Argyle Park-Unclogged toilet Library--Changed fountain filter Lincoln Park Repaired faucet  Replaced hardy board: siding on restroom building & painted Public' Works--Repaired door knob tol break room Sr.C Center-Retrofitted lightf fixtures TJB Brooks Park-Completed trim on pavilions T-Pier--Replaced broken faucet and repaired drip 177.58 Tons (355,160 Ibs.) of Household Trash collected 17.44 Tons (34,880 Ibs.) of Roadside Bulk collected Number oft trips toi the dump: 48 340) Yds. of yard waste has been taken to landfill Number oft tripst to Landfill: 17 Delivered 2 new trash cans Changed out 1 broken trash can  SANITATION  Delivered! 220 Ibs of scrap metal and 993 Ibs of aluminum toi thel Recycling Center Assisted Water Dept hand-delivering rescission notice for the boil water notice to residents  Public Works Activitics October 2024  pg. I    STREETS SIGN MAINTENANCE Reinstalled dead-end sign-1 TREE MAINTENANCE Cleared brush in 1 location Cut down 31 trees in 2 locations Cut low! hanging branches & vines in 2 locations Cut backs on trees in 2 locations Trimmed trees in! 5 locations ROW MOWING & MAINTENANCE Mowed 11 locations DOT ROWI MOWING & MAINTENANCE-  Hwy 85  Mowed & weedeated two times removing 125 Ibs of debris Cleaned glass offr road & removed camper top John Sims Pkwy--Mowed & weedeated south of bridge Valparaiso Pkwy--Blew rock off roadway STREET MAINTENANCE Graded 1 location Filled 10 potholes in 81 locations Poured & rolled asphalt in 91 locations Installed millings in 1 location Installed & graded A-Base in 1 location  Cleaned rock offr road  STORMWATER Mowed 1 pond STREET SWEEPING SHOP  Hand cleaned 3 stormdrains, removing roots in 3 stormdrains and bamboo stalks over1 1 stormdrain  Cleaned Changed dog waste stations 2 times removing a total of 20 Ibs of waste  Total Miles of DOT: streets swept: 12.13 Total Lbs of debris removed: 1,260 Backhoe--installed new hydraulic line Ice Machine-installed hose clamp on water hose Enclosed trailer--installed brackets for chainsaws V-24-Pulled hydraulic cylinder to take to repair shop 264 Edge Ave-installed new mail box that was hit Cleaned, sharpened & oiled chainsaws 31 times Cleaned asphalt box and tools 21 times MISC./ ASSISTED OTHER DEPTS Delivered kitten to PAWS Water & Sewer  Tamper--repaired pull rope, cleaned bowl & carburetor, installed new: spark plug  V-44-washed 21 times V-36-washed  Pole Barn--Organized & cleaned & installed 2 solar panel lights N.E Bayshore Dr-Installed new post on dog station and leveled Johnson St-flagging traffic, installing sewer pipe & backfilling John Sims Pkwy-backfilled hole after water break  Public Works Activities October 2024  pg. 2    Government Ave/ Howell Rd-B Backfilled & tamped after sewer break Parks-Lincoln Park-pulled post and installed on new grass line  111. John Sims--Backfilled afterwater break Shop--Assisted with park pavilion project  WATER/ SEWER  REGULATORY COMPLIANCE SAMPLING Monthly Bacteriological sampling Water sampling after water break Water sampling after sewer break Static' Waterl Levels Locates-69 Turn meter on-2 Turn meter off-4 Manually read meters-192 New meters installed-1 Meters replaced-45 Mi.Nodes replaced-4 Water Leaks/ Breaks repaired-3 Replaced curbstops-1 Backflows repaired-1 Re-attached meter registers-2 Hydrant meters removed-1 Flushed hydrants in 17 locations Found meter for customer Installed new sewer laterals-2 Sewer laterals cleaned--4 Sewer line video-2 Sewer laterals repaired-2 Menzel St 10" water main break Hand delivered PBWN to residents Government Ave/ Howell Rd 10" sewer main break  Repaired sewer laterals that were hit by contractor-1  Johnson St-Installed new sewer lines &1 taps and water taps & meters Repaired 10" sewer main hit by contractor with assistance from FWBP PW Sampled for bacteriologica 2 consecutive days & received satisfactory results Repaired 10" water main hit by contractor with assistance from Niceville PW Sampled for Enterococci bacteria and received: satisfactory results  Support Staff  REGULATORY COMPLIANCE REPORTING  Prepared & sent Sept '24 Monthly Operational Report (MORS) to FDEP & Poly, Inc Menzel St: 10" Water Main Break-Reported tol FDEP and DOH regarding Precautionary Boil Water Notice sent to residents & rescission notices once satisfactory bacteriological sampling results were received Government Ave/ Howell Rd: 10 Sewer Main Break-R Reported to FDEP & DOH regarding the: sanitary sewer overflow caused by contractor hitting sewer line and lifting the Public Notice once satisfactory sampling result  received.  Sent FDEP Lead & Copper Inventory & customer letter for approval  Sent NPDES report to Administrator Public' Works Activities October 2024  pg. 3    RECORDS MAINTENANCE Commissioned meters-55 Commissioned nodes--4 Filed MORS monthly  Hand delivered 115 Precautionary Boil to residents following water break on Menzel St  Filed bacteriological sampling each month Continuously updating Lead & Copper Inventory Continuously updating Water Distribution Log throughout month Monthly updating Disinfectant residual information for quarterly report Updated GDPI Well Totals Workbook for. July Updated Flow Rates spreadsheet for July Monthly Recorded Water Uses/ Losses in FRWA: spreadsheet Produced Oct' 24 Static' Water Level Report & recorded in log book Produced Oct' '24 Purge Datal Report Daily maintained record of all activities of depts in Public' Works Prepared Sept' '24 Public Works Activities Reports Daily record phone calls received Formatted vehicle fuel sheets and issued for Nov' '24 Made 2F Pavilion signs Made 1 kennel log and sent tol PD WORK ORDERS GENERATED/ PROCESSED In-house work orders generated-112 Work orders processed from City Hall-13 Locate requests processed from Sunshine 811-113 Meter Leak Alert customers contacted--45 Meters/ Mi.Nodes commissioned--59 PHONE CALLS RECEIVED-381 Cemetery-2 Parks-3 Sanitation-58 Shop-5 Streets-12 Water/ Sewer-158 Misc/ Other Depts-143  Public Works Activitics October 2024  pg. 4