HomeMy Public PortalAbout06132022 City Council Agenda Packet CITY COUNCIL AGENDA
REGULAR COUNCIL MEETING
June 13, 2022
6:00 p.m.
Council Chambers
The Public is invited to view our meetings on the City of Crestview Live stream at https://www.cityofcrestview.org or the City of Crestview Facebook Page.
You may submit questions on any agenda item in advance (by 3:00 p.m. the day of the meeting) to cityclerk@cityofcrestview.org.
1. Call to Order
2. Invocation, Pledge of Allegiance
2.1. Pastor Edward Parker - First Church of God in Christ
3. Open Policy Making and Legislative Session
4. Approve Agenda
5. Presentations and Reports
5.1. Presentation from Reverend Cecil Williams of Gregg Chapel A.M.E. Church for the Proposal for
Affordable Housing Concepts
6. Consent Agenda
6.1. Notice of Award to Bear General Contractors for RFP 22-05-19, Construction of Fire Training
Tower
6.2. Highway 85 DOT Sidewalk Project Easement Resolution
6.3. Surplus Vehicle Disposal
7. Public Hearings / Ordinances on Second Reading
8. Ordinances on First Reading
8.1. Ordinance 1875 - John King Road Annexation
8.2. Ordinance 1876 - John King Road Comprehensive Plan Amendment
8.3. Ordinance 1877 - John King Road Rezoning
8.4. Ordinance 1878 - Williams Avenue East Annexation
Page 1 of 259
8.5. Ordinance 1879 - Williams Avenue East Comprehensive Plan Amendment
8.6. Ordinance 1880 - Williams Avenue East Rezoning
8.7. Ordinance 1881 - Robinson Avenue East Vacation
9. Resolutions
9.1. Amendment to Resolution 2022-6
10. Action Items
10.1. Continuing Services Contracts Renewal
10.2. Selection of Gregg Chapel A.M.E. Church as the sole bidder for the Affordable Housing Concepts
10.3. Sidewalk Fund Proposal
11. City Clerk Report
11.1. Reminder: Financial Disclosure Form 1 is due to the Supervisor of Elections by July 1, 2022.
12. City Manager Report
12.1. Finance Update
13. Comments from the Mayor and Council
14. Comments from the Audience
15. Adjournment
The Presentations section is for items that were submitted by a citizen or group of Citizens no later than the Wednesday 2 weeks prior to the meeting to the Clerk's
office for approval. These items will be scheduled under the section titles Presentations and Reports. Supporting documents must be submitted at this time to be on the
regular agenda. All Action Items are for staff and elected officials only and must be submitted for approval no later than the Wednesday 10 days prior to the meeting.
Those not listed on the regular agenda who wish to address the council should fill out a yellow card. The card must be submitted to the City Clerk. Speaking time
should be three minutes or less, large groups may designate a spokesperson. All remarks should be addressed to the Council as a whole and not to individual members.
All meeting procedures are outlined in the Meeting Rules and Procedures brochure available outside the Chambers. Florida Statute 286.0105. Notices of meetings and
hearings must advise that a record is required to appeal. Each board, commission, or agency of this state or of any political subdivision thereof shall include in the
notice of any meeting or hearing, if notice of the meeting or hearing is required, of such board, commission, or agency, conspicuously on such notice, the advice that, if
a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need
a record of the proceedings, and that, for such purpose, he or she 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 to be based. The requirements of this section do not apply to the notice provided in s. 200.065(3). In accordance with
Section 286.26, F.S., persons with disabilities needing special accommodations, please contact Maryanne Schrader, City Clerk at cityclerk@cityofcrestview.org or 850-
628-1560 option2 within 48 hours of the scheduled meeting. Any invocation that is offered before the official start of the City Council meeting shall be the voluntary
offering of a private person, to and for the benefit of the City Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or
approved by the City Council or the city staff, and the City is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. Persons in
attendance at the City Council meeting are invited to stand during the opening invocation and Pledge of Allegiance. However, such invitation shall not be construed as
a demand, order, or any other type of command. No person in attendance at the meeting shall be required to participate in any opening invocation that is offered. A
person may exit the City Council Chambers and return upon completion of the opening invocation if a person does not wish to participate in or witness the opening
invocation.
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CITY OF CRESTVIEW Item # 5.1.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: Presentation
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Tim Bolduc, City Manager, Nicholas Schwendt, Gis
DATE:6/9/2022
SUBJECT:Presentation from Reverend Cecil Williams of Gregg Chapel A.M.E. Church for the Proposal
for Affordable Housing Concepts
BACKGROUND:
Gregg Chapel A.M.E. Church was the sole bidder. The submitted bid was opened publicly in the Council
Chambers on June 1, 2022 at 2:00 p.m.
DISCUSSION:
Consideration of award of contract under Action items.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
RECOMMENDED ACTION
Page 3 of 259
Attachments
None
Page 4 of 259
CITY OF CRESTVIEW Item # 6.1.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Michael Criddle, Public Services Director, Wayne Steele, Public Services Director
DATE:6/9/2022
SUBJECT:Notice of Award to Bear General Contractors for RFP 22-05-19, Construction of Fire Training
Tower
BACKGROUND:
On September 13, 2021, the City Council approved to purchase and build a Fire Training Tower Model
WESCO FF-4. The budget amount was set at $1,307,996 which included a State Grant in the amount of
$695,193.00. The remaining balance to come from half cent sales tax or C.A.R.E.S Act Funding.
The City Council also approved moving forward with the purchase of the Fire Training Tower from Fire
Facilities Steel Fire Training Towers for the amount of $452,255.00
The City has received the building and now has advertised seeking a qualified general contractor to construct
the foundation necessary and to erect the fire training tower at,1198 West Edney Ave. Crestview, FL 32536.
The selected contractor will be responsible for building the foundation in accordance with the plans provided,
as well as the erection of the Fire Facilities steel fire training tower, model Wesco FF-4. It is the intent and
purpose of the City of Crestview that this Invitation to Bid promotes competitive bidding, and as a result of the
advertisement a total of seven bid packets were sent out to proposed bidders.
DISCUSSION:
The City received three sealed bids (see the attachment) on May 19, 2021. The sealed bids were opened and
publicly read aloud at the City of Crestview City Hall, 198 N Wilson St, Crestview, Florida at 2:00 PM CST on
May 19, 2021.
The apparent low bidder is Bear General Contractors, LLC for the total amount of $563,590.00 This company
is a local company located at 1216 Palafox St. Pensacola, Fl. 32501. They meet all the necessary requirements
to perform the work as described and requested.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Page 5 of 259
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
The approved budgeted amount for this project is $1,307,996.00
The building cost previously approved was $452,255.00
This request for the contractor's cost for building the foundation and erection of the Fire Training Tower is
$563,590.00
Leaving a balance of $292,151.00 for completing the paving, utilities and site work.
RECOMMENDED ACTION
Staff respectfully requests approval of the bid from Bear General Contractors, LLC in the amount of
$563,590.00 to construct the foundation and erect the Fire Training Tower.
Attachments
1.Bid Opening and Sign In Sheet
2.Bear GC Bid Form - Crestview Fire Training Tower
3.The Green-Simmons Company PROPOSAL Construction of Fire Training Tower 22-05-19
4.AG Pifer Construction Co Fire Tower Bid
Page 6 of 259
Page 7 of 259
Page 8 of 259
SECTION 1.0
COVERSHEET
(This completed form must appear as the top sheet for all bids submitted.)
TITLE: 22-05-19: CONSTRUCTION OF FIRE TRAINING TOWER
ISSUE DATE: 4/19/2022 BID NO: 22-05-19
Total Amount of bid or Base bid
BID BOND -N/A
Amount of Bid Bond (5% of base bid)
Amount of Cashier's Check (5% of base bid)
Amount of Certified Check (5% of base bid)
$ rJ/A
Please specify --All Items bid? Yes _j_ No __
Bear General Contractors, LLC
NAME OF BUSINESS
12 16 N Palafox St
MAILING ADDRESS
Pens acola, FL, 32501
CITY, STATE, ZIP CODE
( 850 } 435-4411
T E LEPHONE NUMBER
Submitted by:
BY:~CL)
SIGNATURE
Paul Clark, E stimator
NAME & TITLE (type or print)
Paul@ beargc.com
E MAIL ADDRESS
( 850 ) 435-4404
F AX NUMBER
Page 3 of27
Page 9 of 259
BIDDER'S CERTIFICATION-22-05-19
I have carefully examined the Invitation to Bid, Instructions to bidders, General and Special
Conditions, Vendor's Notes, Specifications, proposed agreement and any other documents
accompanying or made a pait of this Invitation.
I hereby propose to furnish the goods or services specified in the Invitation at the prices or rates quoted
in my bid. I agree that my bid will remain firm for a period of up to ninety (90) days in order to allow
the City adequate time to evaluate the bids.
I ce1tify that all information contained in this bid is truthful to the best of my knowledge and belief. I
futther certify that I am duly authorized to submit this bid on behalf of the vendor/contractor as its act
and deed and that the vendor/contractor is ready, willing, and able to perform if awarded the bid .
I fu1ther certify that this bid is made without prior understanding, agreement, connection, discussion,
or collusion with any other person, firm or corporation submitting a bid for the same product or service;
no officer, employee or agent of the City of Crestview or of any other bidder interested in said bid;
and that the undersigned executed this bidder's Certification with full knowledge and understanding
of the matters therein contained and was duly authorized to do so.
Bear Gen er al Contractors, LLC
NAME OF BUSINESS
BY:PJ cAJ
Signature
Paul C lark, Estimator
NAME & TITLE (type or print)
1216 N . Palafox St
MAILING ADDRESS
Pensacola, FL 32501
CITY, STATE, ZIP CODE
( 850 ) 4 35-4411
TELEPHONE NUMBER
850 435-4404
FAX NUMBER
Paul@b eargc.com
EMAIL ADDRESS
5/,-,/zz
DATE
Page 5 of27
Page 10 of 259
ADDENDUMPAGE 22-05-19
The und e rsign ed acknowledges receipt of the foll owing addenda to t he Documents (Give number and
date of each):
Addendum No. ______ _
1
Dated ---------------
May 9, 2022
Addendum No.
2
Dated May 9, 2022
----------------------
Addendum No. Dated ----------------------
Addendum No. ______ _ Dated ---------------
FAIL URE TO SUBMIT ACKNOWLEDGMENT OF ANY ADDENDUM THAT AFFECTS THE
BID PRICES IS CONSIDERED A MAJOR IRREGULARITY AND WILL BE CAUSE FOR
REJECTION OF THE BID .
Bear General Contractor, LLC
NAMEOFBUSINESS~ • / BY:&Jc~
S ignature
Pau l Clark, E stimator
NAME & TITLE (type or print)
1216 N. Palafox St
MAILING ADDRESS
Pensacola, FL 32501
CITY, STA TE, Z IP CODE
( 850 ) 435-4411
TELEPHONE NUMBER
( 850 ) 435-4404
FAX NUMBER
~,17/22
DA
Page 6 of27
Page 11 of 259
REFERENCES-22-05-19
B idder shall submit as a part of the bid package, four (4) business references w ith name of the bu s iness,
address, contact person, and te lephone number. All references shall be for similar services that have
been delivered within the last five (5) years.
Bear General Contractors, LLC
REGARDING PROPOSER/ BIDDER: _______________ _
Name: Studer Prop erties Name: Innisfree Hotels
Contact: Kathy Cadwell Contact: Kevin Warwick
Address: Address: 1 13 Baybridge Dr 350 W Ced ar S t, Ste 300
P ensacola , F L 32502 Gu lf Breeze, FL 32561
Telephone850-696-2414 Telephone : 850-934-3609
Email:
kathy@ studercdg.com
Email : kevin@ innisfreehote ls.com
Name: Meraki Solar Name: Catho li c High School
Contact: Anna Mey ers Contact: Matt Adams
Address: 2 1 N New Warrington Rd Address: 3043 W Scott St
Pensacola, FL 32506 Pensacola, FL 32505
Telephone: 850-378-1257 Telephone: 850-436-6400
Email :
anna.meyers@m e rakisolution s .com
Email : madams@ pensacolachs.or g
Page 7 of27
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DRUG-FREE WORKPLACE FORM 22-05-19
The undersigned vendor, on ~""-A~'i-~'•--~• 2022, in accordance with Section 287.087,
Florida Statutes, ce1tifies that [company] Bear General Contractors, LLC does:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee
assistance programs and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the
United States or any state, for a violation occurring in the workplace no later than fi ve (5) days
after such conviction.
5. Impose a sanction on or require the satisfactory participation in a drug assistance or
rehabilitation program if such is available in the employee's community, by any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation
of Paragraphs l through 5.
Check one:
X As the person authorized to sign this statement, I cettify that this
firm complies fully with above requirements.
As the person authorized to sign this statement, this firm does not
comply fully with the above requireme nts.
NAME OF BUSINESS : Bear General Contract ors, LLC
BY:(?J c_,i;6
SIGNATURE
Paul C lark, E stimat or
NAME & TITLE, TYPED OR PRINTED
Page 8 of27
Page 13 of 259
PUBLIC ENTITY CRIME FORM-22-05-19 (2 PAGES)
SWORN STATEMENT UNDER SECTION 287.133 (3) (A) FLORIDA STATUTES, ON
PUBLIC ENTITY CRJMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS .
T hi s sworn sta tement is s ubmitted w ith Proposal, Proposal or Contract # 22-05-19
This sworn statement is s ubmitte d by Bear General Contractors, LLC whose business address
1s 1216 N. Palafox St, Pensacola FL 32501 and (if applicable) Federal Employer
Identification N umber (FEIN) is 47-1494732 (If the entity has no FEIN, incl ude the Social
Security Number of the indiv idu a l signing thi s sworn statement).
Paul Clark My name is _______________ and my relationship to the entity named above
1s E stimator
l understand th at a "public entity crime" as defined in Paragraph 287.133(a)(g), Florida Statutes,
means a violation of any state or federal law b y a person with re s pect to a nd directly re lated to the
transaction of bus iness with any publi c entity or with an agency o r p o litical subdi vis io n of any other
state or w ith the U nited States, including, but not limite d to, a ny proposal or contract for goods or
services to be provided t o a ny publi c entity or any agency or political s ubdi v ision of any other state
or of the United States and invo lv in g a ntitrust , fraud , theft, bribe ry, collus ion, racketeering,
cons piracy, o r material misrep resentation.
I understand that "convicted" or "conviction" as defined in p aragraph 287.133(a)(b), Florida Statutes,
m eans finding of guilt or a conviction of a public e ntity crime with o r without an adjud ic atio n of g uilt,
in any federal or state trial cou1t o f records relating to charges brought by indi ctment o r information
after July 1, 1989, as a result of a jury verdic t , non-jury trial , or entry of a plea of g uil ty or n o lo
contendere.
I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florid a S tatutes, means:
• A predecessor or s ucce ssor of a person convicted of a public entity crime (or)
• An e ntity under the control of an y natural person w ho is active in t h e management of the e n t ity
and w ho has been convicted of a public entity crime. The term "affiliate" in c ludes those
officers, directors, executives, p artners, s h are holders , emplo yees, m embe rs, and agent s who
are act ive in the management of an affiliate. The ownersh ip by o n e of shares constit ut ing a
controlling income among persons w hen no t for fair inte rest in another person, or a p oolin g of
equipment o r inco me among p erson s w h en not for fa ir market valu e und e r a length agreement,
s h a ll be a prima facie case that one person controls another p erson . A person who was
knowingly con v ic ted of a public entity crime, in F lorida during the preceding 36 months s ha ll
be considered a n affi liate.
Page 9 of27
Page 14 of 259
I understand that a "person" as defined in Paragraph 287 .133(1 )( e ), Florida Statutes, means any natural
person or entity organized under the laws of the state or of the United States with the legal power to
enter into a binding contract for provision of goods or services let by a public entity, or which
otherwise transacts or applies to transact business with a public entity. The term "person" includes
those officers, directors, executives, partners, shareholders, employees, members, and agents who are
active management of an entity.
Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies.)
X Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in management of the entity,
nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to
July 1, 1989.
___ The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners , shareholders, employees, members, or agents who are active in management of
the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989. (Please attach a copy of the final order.)
___ The person or affiliate was placed on the convicted vendor list. There has been a subsequent
proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The
final order entered by the hearing officer determined that it was in public interest to remove the person
or affiliate from the convicted vendor list. (Please attach a copy of the final order)
__ The person or affiliate has not been placed on the convicted vendor list. (Please describe any
action taken by, or pending with, the Departmev Sru
(Signature)
(Date)
STATE OF: F lorida COUNTY OF: Escambia -----------
The foregoing instrument was sworn to (or affirmed), subscribed, and acknowledged before me by
means of ~) physical appearance or [ ] online notarization, this 17 day of ~J20~y
Paul C lark who is personally known to me or has pro ced ______ as identification.
My Commission expires ~/2qJz1>
r,!!!!!!!!!!!!!!!!!~!!!!!!!!!!!!!!!!!!!!!!!!!!!!!l!!!!!!!!!!!!!Ti
.. •;.'if..~~~--MEAGAN CORRADO Lf ,·Ji.·'~:~ MY COMMISSION# GG 339805
\l-~i\'} EXPIRES: May 29, 2023
'-1,r,~·f:f..?.':··· Bonded Thro Notary Public Undervlriters
Page 10 of27
Page 15 of 259
SECTION 5 -PRICING SHEET -INCLUDE THIS FORM WITH BID SUBMISSION.
INVITATION TO BID -22-05 -19-Construction of Fire Tra ining Tower
You a re invited to bid o n the fo ll owing : I BIDD ER NAME: Bear General Contractors, LLC
Item Qty Unit Descriptio n Total Price No.
1 1 EA Labor and Materials for Construction of the
$ qo, 780 . oo Foundation
1 1 EA Labor and Materia ls for Erection of Fire Facilities
$ L{lZ 1 i,o . oo Wesco Model FF-4.
~ 5(o~ S"C\Q . (J<:,
NOTE 1: ALL items quoted must be in compl iance with the specifications. If you are taking
except ion, indicate those exceptions on company letterhead and attac h to this Invitation to Bid.
1. FOB Po int: Delivered
2. Terms of Payment: (e .g. Net 45) To be determined
3. The City shall receive project comp letion notice within 90 days for the date Vendor
receives Purchase Order or Notice to Proceed.
Recheck your quotations prior to submission.
Bids may not be changed after being opened.
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ATTACHMENT #1
CITY OF CRESTVIEW, FLORIDA
INVITATION TO BID
TITLE: 22-05-19: CONSTRUCTION OF FIRE TRAINING TOWER
LIABILITY & INDEMNIFICATION FORM
To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless CITY, its
officers and employees from liabilities, damages, lo sses, and costs including but not limited to
reasonable attorney fees, to the extent caused by the delays in the performance of the contract,
negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons
employed or utilized by the CONTRACTOR in the performance of this Agreement.
Bear General Contractors, LLC
CONTRACTOR's Company Name
1216 N . Palafox St
Physical Address
1216 N . Palafox ST
Mailing Address
850-435-4411
Phone Number
Cellular Number
Paul@ bearg c .com
Email address
/L,€Cd
Authori zed Signature -Manual
Paul Clark
Authorized S ignature -Typed
Estimator
Title
850-435-4404
FAX Number
After-Hours Number(s)
s/11/22
DATE
Page 27 of27
Page 17 of 259
Crestview City Hall
198 Wilson St N
Crestview, FL 32536
PROPOSAL
Construction of Fire Training Tower
ITB#: 22-05-19
The Green-Simmons Company, Inc. Construction of Fire Training Tower 22-05-19
1 of 9 Page 18 of 259
3407 North “W” Street, Pensacola, FL 32505, Phone (850) 429-0144, Fax (850) 429-0145
Members of The Associated General Contractors of America
FL#CGC058805, AL#38125, MS#18610-MC
www.green-simmons.com
INDEX
Cover Letter …………………………………………………………………2
Invitation to Bid Cover Sheet ………………………………………………5
Signed Bidder’s Certification ……………………………………………….6
Addendum Page References …………………………………………………7
Drug Free Workplace Form …………………………………………………8
Invitation to Bid Price Schedule ……………………………………………..9
The Green-Simmons Company, Inc. Construction of Fire Training Tower 22-05-19
2 of 9 Page 19 of 259
THE GREEN-SIMMONS COMPANY, INC.
GENERAL CONTRACTORS
3407 North “W” Street, Pensacola, FL 32505, Phone (850) 429-0144, Fax (850) 429-0145
Members of The Associated General Contractors of America
FL#CGC058805, AL#38125, MS#18610-MC
www.green-simmons.com
May 19, 2022
Crestview City Hall
198 Wilson St N
Crestview, FL 32536
ITB#: 22-05-19
Construction of Fire Training Tower
To Whom It May Concern:
The Green-Simmons Company, Inc. appreciates the opportunity to submit its proposal for general
contracting services for the above referenced solicitation.
Per the solicitation submission requirements, please accept the following information:
1. ITB#: 22-05-19
2. Offeror: The Green-Simmons Company, Inc.
3407 North W Street
Pensacola, FL 32505
Tel: 850-429-0144
Fax: 850-429-0145
Email: nathan@green-simmons.com
DUNS: 159686195
CAGE: 094Q7
TIN: 59-3386617
3. The Green-Simmons Company, Inc. agrees to all terms, conditions, and provisions
included in the solicitation and agree to furnish any or all items upon which prices are
offered at the price set opposite each item.
4. Persons authorized to negotiate on the Offeror’s behalf with the Government in
connection with this solicitation:
Jason Christiansen
Tel: 850-554-3169
Cell: 850-393-9232
Fax: 850-429-0145
Email: jason@green-simmons.com
The Green-Simmons Company, Inc. Construction of Fire Training Tower 22-05-19
3 of 9 Page 20 of 259
THE GREEN-SIMMONS COMPANY, INC.
GENERAL CONTRACTORS
3407 North “W” Street, Pensacola, FL 32505, Phone (850) 429-0144, Fax (850) 429-0145
Members of The Associated General Contractors of America
FL#CGC058805, AL#38125, MS#18610-MC
www.green-simmons.com
5. Person authorized to sign the proposal:
Jason Christiansen
Jason Christiansen
Vice President
This proposal has been formatted in strict compliance with the requirements of solicitation and
provided in the number of copies specified.
Please note The Green-Simmons Company, Inc. has provided general contracting services for
significant construction projects, including projects for the federal government, since 1996. The
Green-Simmons Company, Inc. is a self-certified Small Business concern as defined by the set
aside program for this solicitation. Additionally, The Green-Simmons Company, Inc. is a sub-
category SBA certified HUBZone Small Business concern.
If we can provide additional information or answer any questions, please do not hesitate to contact
the undersigned. Your time and consideration is appreciated.
Sincerely,
The Green-Simmons Company, Inc.
Nathan A. Green
President
The Green-Simmons Company, Inc. Construction of Fire Training Tower 22-05-19
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The Green-Simmons Company, Inc. Construction of Fire Training Tower 22-05-19
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The Green-Simmons Company, Inc. Construction of Fire Training Tower 22-05-19
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The Green-Simmons Company, Inc. Construction of Fire Training Tower 22-05-19
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The Green-Simmons Company, Inc. Construction of Fire Training Tower 22-05-19
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SECTION 5 – PRICING SHEET - INCLUDE THIS FORM WITH BID SUBMISSION.
INVITATION TO BID – 22-05-19 – Construction of Fire Training Tower
You are invited to bid on the following: BIDDER NAME:
Item
No. Qty Unit Description Total Price
1 1 EA Labor and Materials for Construction of the
Foundation $
1 1 EA Labor and Materials for Erection of Fire Facilities
Wesco Model FF-4. $
NOTE 1: ALL items quoted must be in compliance with the specifications. If you are taking
exception, indicate those exceptions on company letterhead and attach to this Invitation to Bid.
1. FOB Point: Delivered
2. Terms of Payment: (e.g. Net 45) To be determined
3. The City shall receive project completion notice within 90 days for the date Vendor
receives Purchase Order or Notice to Proceed.
Recheck your quotations prior to submission.
Bids may not be changed after being opened.
The Green-Simmons Company, Inc. Construction of Fire Training Tower 22-05-19
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CITY OF CRESTVIEW Item # 6.2.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: Resolution
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Michael Criddle, Public Services Director
DATE:6/9/2022
SUBJECT:Highway 85 DOT Sidewalk Project Easement Resolution
BACKGROUND:
FDOT is in the process of designing project 445733-1-52-01, SR 85 from Commerce Dr. to SR 85A Bill Lundy
Road. This project includes a new sidewalk along SR 85 and Industrial Dr. between Commerce Dr. and Airport
Rd. This sidewalk is a continuation from project 443659-1, SR 85 from Hwy 90 to Commerce Drive. Since the
location of the proposed sidewalk is outside FDOT’s right of way, a Resolution and Off System Agreement
with the City of Crestview is needed.
DISCUSSION:
This section of sidewalk is a continuation of the new sidewalk on the east side of Hwy85. It will connect the
existing sidewalk south of Richberg Ln to the crosswalk at Airport Rd. It will also connect to Crestview High
school with a crosswalk at Garden St. The section north of Commerce Dr will be in the Industrial Rd right-of-
way and requires an Off System Agreement between the City and DOT.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Infrastructure- Satisfy current and future infrastructure needs
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
FINANCIAL IMPACT
FDOT will be utilizing Federal funds for completion of this project. By approval of this agreement, the local
agency (City of Crestview) agrees to own and maintain the project in perpetuity once construction has been
completed.
RECOMMENDED ACTION
Staff respectfully requests approval of the attached resolution and off system project maintenance agreement.
Attachments
1.City of Crestview (SR 85, Industrial Drive for Six Foot Sidewalk)
2.City of Crestview Resolution (SR 85, Industrial Drive for Six Foot Sidewalk)
3.445733-1 - FDOT - Phase II Plans - Sidewalks
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Page 37 of 259
Financial Project No: 445733-1-52-01
Local Agency: City of Crestview
FAP No: D322-067-B
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
OFF SYSTEM PROJECT MAINTENANCE AGREEMENT
This Off System Project Maintenance Agreement (“Agreement”) is between the State of
Florida Department of Transportation (“DEPARTMENT”), and the City of Crestview, a political
subdivision of the State of Florida (“LOCAL AGENCY”). The DEPARTMENT and the LOCAL
AGENCY are sometimes referred to in this Agreement as a “Party” and collectively as the
“Parties.”
RECITALS
1.Federal funding is available for the costs of construction for resurfacing the existing
roadway (SR 85 from Commerce Drive to CR 85, Bill Lundy Road) and adding a six (6) foot
sidewalk on the East side of SR 85 between Commerce Drive and Airport Road, within the City
of Crestview’s right of way between Station 133+58 to Station 134+89 BK = Station 3415+34 AH
to Station 3428+31 which is located within the Local Agency’s property, pursuant to Title 23,
United States Code; and
2.The DEPARTMENT is preparing to undertake a project within the LOCAL
AGENCY identified and known to the Parties by Financial Project I.D . No: 445733-1-52-01,
which will be of benefit to the LOCAL AGENCY (“PROJECT”); and
3.The PROJECT, or a portion of the PROJECT, is being performed on Industrial
Drive in Okaloosa County, Florida, a road not on the State Highway System; and
4.The PROJECT requires agreement by the LOCAL AGENCY to maintain the
PROJECT, or the portion of the PROJECT, that is located on the LOCAL AGENCY’S right-of-
way; and
5.The LOCAL AGENCY, by resolution No: 2022-17 dated June 13, 2022, a copy
of which is attached hereto and made a part hereof, has authorized the mayor of the
City of Crestview to execute this Agreement.
NOW THEREFORE, in consideration of the mutual benefits to be derived by the terms
of this Agreement, the Parties hereby agree as follows:
6.The recitals in paragraphs 1-5 above are true and correct and are made a part of this
Agreement.
7.The DEPARTMENT shall be responsible for the design and construction of the
PROJECT, which consists of resurfacing the existing roadway (SR 85 from Commerce Drive to
CR 85, Bill Lundy Road) and adding a six (6) foot sidewalk on the East side of SR 85 between
Commerce Drive and Airport Road, within the City of Crestview’s right of way between Station
133+58 to Station 134+89 BK = Station 3415+34 AH to Station 3428+31. The DEPARTMENT
shall have final decision authority with respect to the design, design review process and
construction of the PROJECT. The LOCAL AGENCY shall cooperate with and shall support the
DEPARTMENT ‘s work efforts in these regards.
Page 1 of 6
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Financial Project No: 445733-1-52-01
Local Agency: City of Crestview
FAP No: D322-067-B
Page 2 of 6
8.The LOCAL AGENCY hereby appoints the DEPARTMENT as its agent for
purposes of the notification, construction, reconstruction and relocation of utilities under Sections
337.401, 337.402, 337.403, and 337.404, Florida Statutes. The LOCAL AGENCY agrees to fully
cooperate with the DEPARTMENT in the construction, reconstruction and relocation of utilities
that may be located within the existing or acquired right-of-way. The Parties agree to meet on a
periodic basis, as determined to be necessary by the DEPARTMENT, during the planning, design,
construction and post-construction phase to identify, plan and to rel ocate utilities. The
responsibility for the costs associated with the relocation of utilities shall be based on Florida law
as it relates to said matters. The Parties agree that if existing utilities owned by the LOCAL
AGENCY are required to be reconstructed or relocated as a result of the PROJECT that the costs
associated therewith shall be deemed to be a cost of the PROJECT to be paid for the by the LOCAL
AGENCY.
9.The LOCAL AGENCY acknowledges that the DEPARTMENT will be utilizing
Federal funds on the PROJECT and as a result thereof the LOCAL AGENCY agrees to maintain
the PROJECT in perpetuity according to DEPARTMENT standards. The LOCAL AGENCY
further recognizes and acknowledges that if the DEPARTMENT will be utilizing federal funds on
the PROJECT, the National Environmental Policy Act (“NEPA”) process will need to be
completed and the DEPARTMENT reserves the right to adjust the plans and or design of the
PROJECT to meet the needs of the permits. The LOCAL AGENCY agrees to fully cooperate in
the provision of any and all studies and or data that may be necessary for the NEPA process and
for all other permit matters.
10.The LOCAL AGENCY acknowledges and agrees that LOCAL AGENCY’S right-
of-way, and the improvements located within the LOCAL AGENCY right-of-way, are and will
remain under the ownership of the LOCAL AGENCY and that the DEPARTMENT will not have
any ownership interest in the right-of-way, improvements located thereon. Additionally, the
DEPARTMENT’S right-of-way, and the improvements located within the DEPARTMENT’S
right-of-way, are and will remain under the ownership of the DEPARTMENT and the LOCAL
AGENCY will not have any maintenance responsibilities nor ownership interest in the right-of-
way, improvements located thereon. Notwithstanding the requirements hereof, the
DEPARTMENT is authorized to temporarily use the LOCAL AGENCY existing right-of-way for
construction of the PROJECT and maintenance during construction shall be the responsibility of
the DEPARTMENT and its contractor.
11.Upon completion of the PROJECT, the DEPARTMENT shall issue a Notice of
Final Acceptance to the contractor with a copy of said notice being provided to the LOCAL
AGENCY. Upon issuance of the Notice of Final Acceptance, the LOCAL AGENCY shall be
immediately responsible for the perpetual maintenance of the PROJECT or the portion of the
PROJECT that is located on the LOCAL AGENCY’S right-of-way. The DEPARTMENT shall
also have the right to assign interim maintenance responsibility to the LOCAL AGENCY for
specified portions of the PROJECT before the issuance of the Notice of Final Acceptance. Said
assignment of maintenance responsibility shall be sent by the DEPARTMENT to the LOCAL
AGENCY in writing with sufficient description to place the LOCAL AGENCY on notice of the
interim maintenance responsibility. Notwithstanding the issuance of the Notice of Final
Acceptance, the DEPARTMENT shall have the right to assure completion of any punch list by the
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Financial Project No: 445733-1-52-01
Local Agency: City of Crestview
FAP No: D322-067-B
Page 3 of 6
contractor. Additionally, the LOCAL AGENCY understands and agrees that the DEPARTMENT
shall transfer all permits to the LOCAL AGENCY as the operational maintenance entity and the
LOCAL AGENCY agrees to accept said transfer and to become fully responsible to comply with
all operational and maintenance conditions of the permits.
12.This Agreement shall become effective as of the date both Parties hereto have
executed the Agreement and shall continue in full force and effect until the PROJECT is completed
by the DEPARTMENT and the improvements have been turned over to the LOCAL AGENCY by
the DEPARTMENT by formal notice from the DEPARTMENT. The DEPARTMENT reserves
the right to unilaterally cancel its performance hereunder if it determines that it is in the best
interest of the public to do so. This discretion shall include but shall not be limited to budgetary
and bid cost considerations.
13.The DEPARTMENT may unilaterally cancel this Agreement for refusal by the
LOCAL AGENCY to allow public access to all documents, papers, letters or other material subject
to the provisions of Chapter 119, Florida Statutes and made or received by the LOCAL AGENCY
in conjunction with this Agreement.
14.It is understood that the DEPARTMENT’s participation in said PROJECT is
subject to Legislative approval of the DEPARTMENT’s appropriation request in the work
program year that the PROJECT is scheduled.
15.The DEPARTMENT’s performance and obligations to pay under this Agreement
is contingent upon an annual appropriation by the Legislature. If the DEPARTMENT’s funding
for this PROJECT is in multiple years, funds approved from the DEPARTMENT’S Comptroller
must be received every year prior to costs being incurred.
16.In the event this Agreement is in excess of $25,000.00 and has a term for a period
of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes are hereby
incorporated:
“The Department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure of
money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The department shall
require a statement from the comptroller of the Department that funds are available
prior to entering into any such contract or other binding commitment of funds.
Nothing herein contained shall prevent the making of contracts for periods
exceeding 1 year but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid in succeeding fiscal years, and this
paragraph shall be incorporated verbatim in all contracts of the Department which
are for an amount in excess of $25,000.00 and which have a term for a period of
more than 1 year.”
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Financial Project No: 445733-1-52-01
Local Agency: City of Crestview
FAP No: D322-067-B
Page 4 of 6
17.This Agreement shall be governed by the laws of the State of Florida. Any
provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the
validity of the remaining portions hereof.
18.To the extent permitted by law, LOCAL AGENCY shall indemnify, defend, and
hold harmless the DEPARTMENT and all of its officers, agents, and employees from any claim,
loss, damage, cost, charge, or expense arising out of any act, error, omission or negligent act by
LOCAL AGENCY, its agents, or employees, during the performance of the Agreement, except
that neither LOCAL AGENCY, its agents, or its employees will be liable under this paragraph for
any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or
negligent act by the DEPARTMENT or any of its officers, agents, or employees during the
performance of the Agreement. Nothing herein shall be deemed a waiver of the rights of sovereign
immunity of either Party.
19.In the event there are cost overruns, supplemental agreements (specifically incurred
in the areas located off the State Highway System), and or liquidated damages not eligible to be
paid for by federal funds due to the Federal Highway Administration determining that said costs
are non-participating costs, the LOCAL AGENCY shall be responsible for one-hundred percent
(100%) of the funds required to make up the shortfall not paid by federal funds. The PROJECT is
off of the “State Highway System,” therefore, in accordance with Section 339.08(1), F.S., State
funding cannot be used for payments of non-participating costs on this PROJECT. (Examples of
non-participating items could be fishing piers; premium costs due to design or CEI errors or
omissions; material or equipment called for in the plans but not used in the construction, as
referenced in the Federal Aid Policy Guide 23, CFR Section 635.120).
Should such shortfalls occur due to a determination that said costs are non-
participating, the LOCAL AGENCY agrees to provide, without delay, a deposit within fourteen
(14) calendar days of notification from the DEPARTMENT, to ensure that cash on deposit with
the DEPARTMENT is sufficient to fully fund the shortfall. The DEPARTMENT shall notify the
LOCAL AGENCY as soon as it becomes apparent there is a shortfall; however, failure of the
DEPARTMENT to so notify the LOCAL AGENCY shall not relieve the LOCAL AGENCY of its
obligation to pay for its full participation of non-participating costs during the PROJECT and on
final accounting, as provided herein below. If the LOCAL AGENCY cannot provide the deposit
within fourteen (14) days, a letter must be submitted to and approved by the DEPARTMENT’S
contract manager indicating when the deposit will be made. The LOCAL AGENCY understands
the request and approval of the additional time could delay the PROJECT, and additional non-
participating costs may be incurred due to the delay of the PROJECT.
The DEPARTMENT intends to have its final and complete accounting of all costs
incurred in connection with the work performed hereunder within three hundred sixty days (360)
of final payment to the Contractor. The DEPARTMENT considers the PROJECT complete when
the final payment has been made to the Contractor, not when the construction work is complete.
All non-participating Project cost records and accounts shall be subject to audit by a representative
of the LOCAL AGENCY for a period of three (3) years after final close out of the PROJECT. The
LOCAL AGENCY will be notified of the final non-participating cost of the PROJECT. Both
Parties agree that in the event the final accounting of total non-participating costs pursuant to the
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Financial Project No: 445733-1-52-01
Local Agency: City of Crestview
FAP No: D322-067-B
Page 5 of 6
terms of this Agreement is less than the total deposits to date, a refund of the excess will be made
by the DEPARTMENT to the LOCAL AGENCY. If the final accounting is not performed within
three hundred and sixty (360) days, the LOCAL AGENCY is not relieved from its obligation to
pay.
In the event the final accounting of total non-participating costs are greater than the
total deposits to date, the LOCAL AGENCY will pay the additional amount within forty (40)
calendar days from the date of the invoice from the DEPARTMENT. The LOCAL AGENCY
agrees to pay interest at a rate as established pursuant to Section 55.03, F.S., on any invoice not
paid within forty (40) calendar days until the invoice is paid.
Any payment of funds under this Agreement provision will be made directly to the
DEPARTMENT for deposit.
20.LOCAL AGENCY: City of Crestview
a)Shall utilize the U.S. Department of Homeland Security’s E-Verify system
to verify the employment eligibility of all new employees hired by the LOCAL AGENCY during
the term of the contract; and
b)Shall expressly require any subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S. Department of Homeland
Security’s E-Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the contract term.
21.All notices required pursuant to the terms hereof may be sent by first class United
States Mail, facsimile transmission, hand delivery or express mail and shall be deemed to have
been received by the end of five business days from the proper sending thereof unless proof of
prior actual receipt is provided. Each Party hereto shall have the continuing obligation to notify
each other of the appropriate persons for notices to be sent to pursuant to the terms of this
agreement. Unless otherwise notified in writing, notices shall be sent to the following:
LOCAL AGENCY:
DEPARTMENT:
Maryanne SchraderCity ClerkP. O. Box 1209Crestview, FL 32536
Alicia McDaniel
Roadway Design Project Manager
1074 Highway 90
Chipley, FL 32428
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Financial Project No: 445733-1-52-01
Local Agency: City of Crestview
FAP No: D322-067-B
Page 6 of 6
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates
exhibited by the signatures below.
DEPARTMENT:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Title: _______________________________
LOCAL AGENCY:
City of Crestview, a political
subdivision of the State of Florida
____________________________________
By: JB Whitten
Title: Mayor
Date: Date: ______
Attest: Attest: ___________
Legal Review: Legal Review:
____________________________________ ____________________________________
Office of the General Counsel
Page 43 of 259
RESOLUTION
2022-17
RESOLUTION OF THE CITY OF CRESTVIEW, (MAINTAINING AGENCY) CONSENTING TO AND
AUTHORIZING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO DO ALL
ACTS NECESSARY TO COMPLETE THE PROJECT FOR THE CONSTRUCTION OF SR 85 FROM
COMMERCE DRIVE TO CR 85A, BILL LUNDY ROAD, IDENTIFIED AS PROJECT NO: 445733-1-
52-01 PURSUANT TO AN OFF-SYSTEM MAINTENANCE AGREEMENT, CONFIRMING AND
APPROVING THE AGREEMENT, AND PROVIDING SIGNATURE AUTHORITY FOR THE
AGREEMENT
WHEREAS, the City of Crestview (Maintaining Agency), a political subdivision of the State of Florida,
acting by and through its duly authorized City Council, approves that certain Off System Maintenance Agreement
(Agreement) with the State of Florida Department of Transportation (Department) identified as Project No:
445733-1-52-01, which is more fully described in the Agreement; and
WHEREAS, pursuant to Paragraph 5 of the Agreement, the Maintaining Agency is required to adopt a
formal resolution, consenting to, and authorizing the Department to perform all efforts necessary to complete
the Project and for the Maintaining Agency to maintain the Project in accordance with the terms set forth in the
Agreement.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY OF CRESTVIEW, FLORIDA that:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. The Maintaining Agency, by this resolution, duly adopted by its City Council and executed by the
mayor of the City of Crestview, confirms the Off-System Maintenance Agreement is approved
concurrently with this resolution, authorizes the City of Crestview to execute the Off-System
Maintenance Agreement, and consents to and authorizes the Department to perform all efforts
necessary to complete the Project and agrees to maintain the Project in accordance with the terms set
forth in the Off-System Maintenance Agreement.
3. A certified copy of this resolution shall be forwarded to the Florida Department of Transportation at
1074 Highway 90, Chipley, Florida 32428.
4. This resolution shall be effective upon passage and adoption by the City Council of the City of
Crestview, Florida.
PASSED AND ADOPTED this 13th day of June 2022.
CITY OF CRESTVIEW, FLORIDA
____________________________________
J. B. Whitten, Mayor
ATTEST:
By:
Maryanne Schrader, City Clerk
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CITY OF CRESTVIEW Item # 6.3.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Michael Criddle, Public Services Director
DATE:6/9/2022
SUBJECT:Surplus Vehicle Disposal
BACKGROUND:
The City Council has previously approved the disposal of surplus vehicles through Enterprise. After a
complete review of the fees associated with this transaction, a less expensive alternative has been found.
DISCUSSION:
Americas Auto Auction in Pensacola was contacted concerning the disposal of surplus vehicles. Their fee
schedule is approximately half of that charged by Enterprise. This is the same company utilized by Okaloosa
County Sheriff's Department, and Escambia County for their surplus vehicle disposal.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
FINANCIAL IMPACT
Per unit savings of approximately $200.00 for each surplus vehicle sold.
RECOMMENDED ACTION
Staff respectfully requests City Council approval to dispose of surplus vehicle utilizing American Auto Auction
services.
Attachments
None
Page 49 of 259
CITY OF CRESTVIEW Item # 8.1.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: 1st reading after PDB
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Barry Henderson, Development Services Director, Nicholas Schwendt, Gis
DATE:6/8/2022
SUBJECT:Ordinance 1875 - John King Road Annexation
BACKGROUND:
On April 27, 2022, staff received an application to annex and to amend the comprehensive plan and zoning
designations for property located on John King Road.
The subject property is currently located within unincorporated Okaloosa County with a future land use and
zoning designation of Mixed Use.
The Planning and Development Board recommended approval of the request on June 6, 2022.
DISCUSSION:
The property description is as follows:
Property Owner:Grandeur Hospitality Investments LLC
2652 Brodie Lane
Crestview, FL 32536
Parcel ID:32-3N-23-0000-0016-0000
Site Size:0.94 acre
Current FLU:Okaloosa County Mixed Use
Current Zoning:Okaloosa County Mixed Use
Current Land Use:Vacant
The following table provides the surrounding land use designations, zoning districts, and existing uses.
Direction FLU Zoning Existing Use
North Commercial (C)Commercial High-Intensity
District (C-2)Vacant
East Commercial (C)Commercial High-Intensity
District (C-2)Vacant
South Commercial (C)Commercial High-Intensity
District (C-2)Commercial
West Commercial (C)Commercial High-Intensity
District (C-2)Commercial
Page 50 of 259
The subject property is currently vacant, and a development application has not been submitted. Based on the
requested land-use and zoning designations, the property could be developed for commercial use.
Staff has reviewed the application based on the criteria detailed in Florida statute 171.043 for annexations and
finds the following:
-The property is contiguous to the city limits;
-The property is comprised of one (1) lot in unincorporated Okaloosa County, and is therefore
considered compact;
-The annexation of the property would not create an enclave
-The subject property is not included in the boundary of another municipality; and,
-The subject property meets the definition of urban purposes.
Courtesy notices were mailed to property owners within 300 feet of the subject property on May 16, 2022. A
letter was sent via certified mail to the Okaloosa Board of County Commissioners on May 19, 2022. The
property was posted on May 24, 2022. An advertisement ran in the Crestview News Bulletin on May 26 and
June 2, 2022.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows.
Foundational – these are the four areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability – Achieve long term financial sustainability.
Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest
quality of public services.
Quality of Life – these six areas focus on the overall experience when provided by the city.
Community Character – Promote desirable growth with a hometown atmosphere.
Opportunity – Promote an environment that encourages economic and educational opportunity.
Community Culture – Develop a specific identity for Crestview.
FINANCIAL IMPACT
The fees for annexation have been waived for this application as it was received during the moratorium on
annexation fees.
The cost of advertising was $544.50.
The successful annexation of this property will have positive future impacts, including ad valorem revenue
based on future taxable assessed value, development and building permit fees, and utility usage fees.
RECOMMENDED ACTION
Staff respectfully requests that the council move Ordinance 1875 to second reading for adoption.
Attachments
1.Exhibit Packet
Page 51 of 259
ORDINANCE: 1875
AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW,
FLORIDA, ± 0.94 ACRES OF CONTIGUOUS LANDS LOCATED IN
SECTION 32, TOWNSHIP 3 NORTH, RANGE 23 WEST, AND BEING
DESCRIBED AS SET FORTH HEREIN; PROVIDING FOR
AUTHORITY; PROVIDING FOR LAND DESCRIPTION; PROVIDING
FOR BOUNDARY; PROVIDING FOR LAND USE AND ZONING
DESIGNATION; PROVIDING FOR AMENDMENT TO THE BASE,
LAND USE AND ZONING MAPS; PROVIDING FOR A
COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR FILING
WITH THE CLERK OF CIRCUIT COURT OF OKALOOSA COUNTY,
THE CHIEF ADMINISTRATIVE OFFICER OF OKALOOSA COUNTY
AND THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS;
PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR
REPEAL OF CONFLICTING CODES AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS:
SECTION 1 – AUTHORITY. The authority for enactment of this ordinance is Chapter 171, Florida Statutes,
and Section 2 of the City Charter.
SECTION 2 – LAND DESCRIPTION. The following described unincorporated area contiguous to the City of
Crestview, Florida, is hereby annexed to the City:
PIN # 32-3N-23-0000-0016-0000 (Deed recorded in Book 3618, page 4054, dated April 27, 2022)
Begin at the Northwest corner of Northwest Quarter of Northeast Quarter of Section 32, Township
3 North, Range 23 West, thence North 87° 40' East 376.72 feet along Section line for Point of
Beginning, thence North 87° 40' East 106.72 feet along section line, thence South 17° 04' East
302.64 feet to the Northwest right of way of dedicated road; thence South 57° 40' 05" West 165.6
feet along said road, thence Northwesterly to the Point of Beginning.
SECTION 3 – BOUNDARY. The existing boundary line of the City of Crestview, Florida, is modified to
include the herein referenced tract of land and the base, zoning and land use maps shall be updated to reflect these
changes pursuant to law.
SECTION 4 – LAND USE AND ZONING. Pursuant to general law, the property hereby annexed was subject
to Okaloosa County land development, land use plan, and zoning or subdivision regulations, which shall remain
in full force and effect until rezoning and land use changes are finalized by the City in compliance with the
Comprehensive Plan.
SECTION 5 – COMPREHENSIVE PLAN UPDATE. Pursuant to Chapter 163.011, et seq. petitioner for
annexation shall apply through the City for a Comprehensive Plan change which will designate the future land
use category for the parcel, with a zoning designation to be assigned and run concurrent with the approval and
adoption of the Comprehensive Plan amendment by the proper authorities.
SECTION 6 – MAP UPDATE. The Base, Zoning and Future Land Use Maps shall be updated at the earliest
possible date.
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SECTION 7 – FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk
of Circuit Court of Okaloosa County and with the Florida Department of the State.
SECTION 8 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the
application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect
the other provisions or applications of this ordinance which can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable.
SECTION 9 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent
of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public hearing,
by filing a corrected or re-codified copy with the City Clerk.
SECTION 10 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally
construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public
health, safety, or welfare.
SECTION 11 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All
Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and
resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
SECTION 12 – EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 27th day of June, 2022.
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
Approved by me this 27th day of June, 2022.
______________________________________
J. B. Whitten
Mayor
Page 53 of 259
Page 54 of 259
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P J ADAMS PKWY
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Vicinity Map
¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
Not to Scale
Subject Parcel(s)
Page 55 of 259
JO H N KIN G R D
S FERDON BLVD
S O U T H C R E S T D R
SOUTHGATE DR
S FERDON BLVD
Existing Use¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
Existing Use
Clubs/LodgesCommunityHotels andLight ManufacturingPrivate SchoolRestaurantSingle FamilyStoresSupermarketVacantVacant CommercialVacant/CommercialVehicle Sale
Page 56 of 259
JO H N KIN G R D
S FERDON BLVD
S O U T H C R E S T D R
SOUTHGATE DR
S FERDON BLVD
CurrentFuture Land Use¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Future Land Use
Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R)
County Future Land Use
Mixed Use (MU)
Page 57 of 259
JO H N KIN G R D
S FERDON BLVD
S O U T H C R E S T D R
SOUTHGATE DR
S FERDON BLVD
CurrentZoning¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Zoning
Single Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Mixed Use (MU)
Page 58 of 259
JO H N KIN G R D
S FERDON BLVD
S O U T H C R E S T D R
SOUTHGATE DR
S FERDON BLVD
ProposedFuture Land Use
¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Future Land Use
Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R)
County Future Land Use
Mixed Use (MU)
Page 59 of 259
JO H N KIN G R D
S FERDON BLVD
S O U T H C R E S T D R
SOUTHGATE DR
S FERDON BLVD
ProposedZoning¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Zoning
Single Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District (R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Mixed Use (MU)
Page 60 of 259
CITY OF CRESTVIEW Item # 8.2.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: 1st reading after PDB
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Barry Henderson, Development Services Director, Nicholas Schwendt, Gis
DATE:6/8/2022
SUBJECT:Ordinance 1876 - John King Road Comprehensive Plan Amendment
BACKGROUND:
On April 27, 2022, staff received an application to annex and to amend the comprehensive plan and zoning
designations for property located on John King Road.
The subject property is currently located within unincorporated Okaloosa County with a future land use and
zoning designation of Mixed Use.
The application requests the Commercial (C) future land use designation for the property.
The Planning and Development Board recommended approval of the request on June 6, 2022.
DISCUSSION:
The property description is as follows:
Property Owner:Grandeur Hospitality Investments LLC
2652 Brodie Lane
Crestview, FL 32536
Parcel ID:32-3N-23-0000-0016-0000
Site Size:0.94 acre
Current FLU:Okaloosa County Mixed Use
Current Zoning:Okaloosa County Mixed Use
Current Land Use:Vacant
The following table provides the surrounding land use designations, zoning districts, and existing uses.
Direction FLU Zoning Existing Use
North Commercial (C)Commercial High-Intensity
District (C-2)Vacant
East Commercial (C)Commercial High-Intensity
District (C-2)Vacant
South Commercial (C)Commercial High-Intensity
District (C-2)Commercial
West Commercial (C)Commercial High-Intensity
District (C-2)Commercial
Page 61 of 259
The subject property is currently vacant, and a development application has not been submitted. Based on the
requested land-use and zoning designations, the property could be developed for commercial use.
Staff reviewed the request for a comprehensive plan amendment and finds the following:
-The proposed future land use map designation is compatible with the surrounding area.
-The proposed future land use map designation is consistent with the city’s comprehensive plan and land
development code.
-The process for adoption of the future land use map amendment follows all requirements of Florida
statute sections 163.3184 (3) and (5).
-
The proposed amendment does not involve a text change to goals, policies, and objectives of the
comprehensive plan. It only proposes a land use change to the future land use map for a site-specific
small-scale development.
-The subject property is not located within an area of critical state concern.
Courtesy notices were mailed to property owners within 300 feet of the subject property on May 16, 2022. The
property was posted on May 24, 2022. An advertisement ran in the Crestview News Bulletin on May 26 and
June 2, 2022.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows.
Foundational – these are the four areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability – Achieve long term financial sustainability.
Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest
quality of public services.
Quality of Life – these six areas focus on the overall experience when provided by the city.
Community Character – Promote desirable growth with a hometown atmosphere.
Opportunity – Promote an environment that encourages economic and educational opportunity.
Community Culture – Develop a specific identity for Crestview.
FINANCIAL IMPACT
The fees for the comprehensive plan amendment have been waived for this application as it was received
during the moratorium on annexation fees. There is no additional cost of advertising as the comprehensive plan
amendment request was included in the advertisement for annexation.
RECOMMENDED ACTION
Staff respectfully requests that the council move Ordinance 1876 to second reading for adoption.
Attachments
1.Exhibit Packet
Page 62 of 259
ORDINANCE: 1876
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA,
AMENDING ITS ADOPTED COMPREHENSIVE PLAN; PROVIDING
FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT;
PROVIDING FOR PURPOSE; PROVIDING FOR CHANGING THE
FUTURE LAND USE DESIGNATION FROM OKALOOSA COUNTY
MIXED USE TO COMMERCIAL (C) ON APPROXIMATELY 0.94
ACRES, MORE OR LESS, IN SECTION 32, TOWNSHIP 3 NORTH,
RANGE 23 WEST; PROVIDING FOR FUTURE LAND USE MAP
AMENDMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL
INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING
CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS:
SECTION 1 – AUTHORITY. The authority for enactment of this Ordinance is Section 2 of the City Charter,
§163.3187 F.S., §166.021 F.S., §166.041 F.S. and the adopted Comprehensive Plan.
SECTION 2 – FINDINGS OF FACT. The City Council of the City of Crestview finds the following:
A. This amendment will promote compact, orderly development and discourage urban sprawl; and
B. A public hearing has been conducted after "due public notice" by the Crestview Planning Board sitting
as the Local Planning Agency with its recommendations reported to the City Council; and
C. A public hearing has been conducted by the City Council after "due public notice"; and
D. This amendment involves changing the future land use designation from Okaloosa County Mixed Use
to Commercial (C) on a parcel of land containing 0.94 acres, more or less, lying within the corporate limits
of the City; and
E. This amendment is consistent with the adopted Comprehensive Plan and is in the best interests of the
City and its citizens.
SECTION 3 – PURPOSE. The purpose of this Ordinance is to adopt an amendment to the "City of Crestview
Comprehensive Plan: 2020." The amendment is described in Section 4 below.
SECTION 4 – FUTURE LAND USE MAP AMENDMENT. The Future Land Use Map is amended by
changing the future land use category of a parcel containing approximately 0.94 acres of land, more or less, from
Okaloosa County Mixed Use to Commercial (C). For the purposes of this Ordinance and Comprehensive Plan
Amendment, the 0.94 acres, more or less, is known as Parcel 32-3N-23-0000-0016-0000 and commonly described
as:
Begin at the Northwest corner of Northwest Quarter of Northeast Quarter of Section 32, Township
3 North, Range 23 West, thence North 87° 40' East 376.72 feet along Section line for Point of
Beginning, thence North 87° 40' East 106.72 feet along section line, thence South 17° 04' East
302.64 feet to the Northwest right of way of dedicated road; thence South 57° 40' 05" West 165.6
feet along said road, thence Northwesterly to the Point of Beginning.
Page 63 of 259
The Commercial (C) Future Land Use Category is hereby imposed on Parcel 32-3N-23-0000-0016-0000. Exhibit
A, which is attached hereto and made a part hereof by reference, graphically depicts the revisions to the Future
Land Use Map and shows Parcel 32-3N-23-0000-0016-0000 thereon.
SECTION 5 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the
application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect
the other provisions or applications of this ordinance which can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable.
SECTION 6 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent
of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public hearing,
by filing a corrected or re-codified copy with the City Clerk.
SECTION 7 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally
construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public
health, safety, or welfare.
SECTION 8 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All
Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and
resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
SECTION 9 – EFFECTIVE DATE. The effective date of this plan amendment and ordinance shall be thirty-
one (31) days after adoption on second reading by the City Council, unless the amendment is challenged pursuant
to §163.3187, F.S. If challenged, the effective date shall be the date a Final Order is issued by the State Land
Planning Agency or the Administration Commission finding the amendment in compliance with §163.3184, F.S.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 27th day of June, 2022.
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
Approved by me this 27th day of June, 2022.
______________________________________
J. B. Whitten
Mayor
Page 64 of 259
Page 65 of 259
I-10
S FERDON BLVD
P J ADAMS PKWY
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S FERDON BLVD
Vicinity Map
¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
Not to Scale
Subject Parcel(s)
Page 66 of 259
JO H N KIN G R D
S FERDON BLVD
S O U T H C R E S T D R
SOUTHGATE DR
S FERDON BLVD
Existing Use¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
Existing Use
Clubs/LodgesCommunityHotels andLight ManufacturingPrivate SchoolRestaurantSingle FamilyStoresSupermarketVacantVacant CommercialVacant/CommercialVehicle Sale
Page 67 of 259
JO H N KIN G R D
S FERDON BLVD
S O U T H C R E S T D R
SOUTHGATE DR
S FERDON BLVD
CurrentFuture Land Use¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Future Land Use
Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R)
County Future Land Use
Mixed Use (MU)
Page 68 of 259
JO H N KIN G R D
S FERDON BLVD
S O U T H C R E S T D R
SOUTHGATE DR
S FERDON BLVD
CurrentZoning¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Zoning
Single Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Mixed Use (MU)
Page 69 of 259
JO H N KIN G R D
S FERDON BLVD
S O U T H C R E S T D R
SOUTHGATE DR
S FERDON BLVD
ProposedFuture Land Use
¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Future Land Use
Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R)
County Future Land Use
Mixed Use (MU)
Page 70 of 259
JO H N KIN G R D
S FERDON BLVD
S O U T H C R E S T D R
SOUTHGATE DR
S FERDON BLVD
ProposedZoning¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Zoning
Single Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District (R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Mixed Use (MU)
Page 71 of 259
CITY OF CRESTVIEW Item # 8.3.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: 1st reading after PDB
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Barry Henderson, Development Services Director, Nicholas Schwendt, Gis
DATE:6/8/2022
SUBJECT:Ordinance 1877 - John King Road Rezoning
BACKGROUND:
On April 27, 2022, staff received an application to annex and to amend the comprehensive plan and zoning
designations for property located on John King Road.
The subject property is currently located within unincorporated Okaloosa County with a future land use and
zoning designation of Mixed Use.
The application requests the Commercial High-Intensity District (C-2) zoning designation for the property.
The Planning and Development Board recommended approval of the request on June 6, 2022.
DISCUSSION:
The property description is as follows:
Property Owner:Grandeur Hospitality Investments LLC
2652 Brodie Lane
Crestview, FL 32536
Parcel ID:32-3N-23-0000-0016-0000
Site Size:0.94 acre
Current FLU:Okaloosa County Mixed Use
Current Zoning:Okaloosa County Mixed Use
Current Land Use:Vacant
The following table provides the surrounding land use designations, zoning districts, and existing uses.
Direction FLU Zoning Existing Use
North Commercial (C)Commercial High-Intensity
District (C-2)Vacant
East Commercial (C)Commercial High-Intensity
District (C-2)Vacant
South Commercial (C)Commercial High-Intensity
District (C-2)Commercial
West Commercial (C)Commercial High-Intensity
District (C-2)Commercial
Page 72 of 259
The subject property is currently vacant, and a development application has not been submitted. Based on the
requested land-use and zoning designations, the property could be developed for commercial use.
Staff reviewed the request for rezoning and finds the following:
-The proposed zoning is consistent with the proposed future land use designation.
-The uses within the requested zoning district are compatible with uses in the adjacent zoning districts.
-The requested use is not substantially more or less intense than allowable development on adjacent
parcels.
Courtesy notices were mailed to property owners within 300 feet of the subject property on May 16, 2022. The
property was posted on May 24, 2022. An advertisement ran in the Crestview News Bulletin on May 26 and
June 2, 2022.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows.
Foundational – these are the four areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability – Achieve long term financial sustainability.
Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest
quality of public services.
Quality of Life – these six areas focus on the overall experience when provided by the city.
Community Character – Promote desirable growth with a hometown atmosphere.
Opportunity – Promote an environment that encourages economic and educational opportunity.
Community Culture – Develop a specific identity for Crestview.
FINANCIAL IMPACT
The fees for the rezoning request have been waived for this application as it was received during the
moratorium on annexation fees. There is no additional cost of advertising as the rezoning request was included
in the advertisement for annexation.
RECOMMENDED ACTION
Staff respectfully requests that the council move Ordinance 1877 to second reading for adoption.
Attachments
1.Exhibit Packet
Page 73 of 259
ORDINANCE: 1877
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA,
PROVIDING FOR THE REZONING OF 0.94 ACRES, MORE OR LESS,
OF REAL PROPERTY, LOCATED IN SECTION 32, TOWNSHIP 3
NORTH, RANGE 23 WEST, FROM THE OKALOOSA COUNTY MIXED
USE ZONING DISTRICT TO THE COMMERCIAL HIGH-INTENSITY
DISTRICT (C-2) ZONING DISTRICT; PROVIDING FOR AUTHORITY;
PROVIDING FOR THE UPDATING OF THE CRESTVIEW ZONING
MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR
SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL
INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING
CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS:
SECTION 1 – AUTHORITY. The authority for enactment of this ordinance is Section 166.041, Florida Statutes
and Chapter 102, City Code.
SECTION 2 – PROPERTY REZONED. The following described 0.94 acres, more or less, of real property
lying within the corporate limits of Crestview, Florida, with 0.94 acres, more or less, being formerly zoned
Okaloosa County Mixed Use with the Commercial (C) Future Land Use Map designation recently ratified by the
City Council through adoption of Ordinance 1876, is hereby rezoned to Commercial High-Intensity District (C-
2) to wit:
PIN # 32-3N-23-0000-0016-0000
Begin at the Northwest corner of Northwest Quarter of Northeast Quarter of Section 32, Township
3 North, Range 23 West, thence North 87° 40' East 376.72 feet along Section line for Point of
Beginning, thence North 87° 40' East 106.72 feet along section line, thence South 17° 04' East
302.64 feet to the Northwest right of way of dedicated road; thence South 57° 40' 05" West 165.6
feet along said road, thence Northwesterly to the Point of Beginning.
SECTION 3 – MAP UPDATE. The Crestview Zoning Map, current edition, is hereby amended to reflect
the above changes concurrent with passage of this ordinance, which is attached hereto.
SECTION 4 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the
application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect
the other provisions or applications of this ordinance which can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable.
SECTION 5 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent
of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public hearing,
by filing a corrected or re-codified copy with the City Clerk.
SECTION 6 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally
construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public
health, safety, or welfare.
SECTION 7 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All
Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and
Page 74 of 259
resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
SECTION 8 – EFFECTIVE DATE. The effective date of this Ordinance shall be the date Comprehensive Plan
Amendment is adopted by Ordinance # 1876 and becomes legally effective.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 27th day of June, 2022.
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
Approved by me this 27th day of June, 2022.
______________________________________
J. B. Whitten
Mayor
Page 75 of 259
Page 76 of 259
I-10
S FERDON BLVD
P J ADAMS PKWY
I-10
S FERDON BLVD
Vicinity Map
¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
Not to Scale
Subject Parcel(s)
Page 77 of 259
JO H N KIN G R D
S FERDON BLVD
S O U T H C R E S T D R
SOUTHGATE DR
S FERDON BLVD
Existing Use¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
Existing Use
Clubs/LodgesCommunityHotels andLight ManufacturingPrivate SchoolRestaurantSingle FamilyStoresSupermarketVacantVacant CommercialVacant/CommercialVehicle Sale
Page 78 of 259
JO H N KIN G R D
S FERDON BLVD
S O U T H C R E S T D R
SOUTHGATE DR
S FERDON BLVD
CurrentFuture Land Use¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Future Land Use
Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R)
County Future Land Use
Mixed Use (MU)
Page 79 of 259
JO H N KIN G R D
S FERDON BLVD
S O U T H C R E S T D R
SOUTHGATE DR
S FERDON BLVD
CurrentZoning¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Zoning
Single Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Mixed Use (MU)
Page 80 of 259
JO H N KIN G R D
S FERDON BLVD
S O U T H C R E S T D R
SOUTHGATE DR
S FERDON BLVD
ProposedFuture Land Use
¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Future Land Use
Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R)
County Future Land Use
Mixed Use (MU)
Page 81 of 259
JO H N KIN G R D
S FERDON BLVD
S O U T H C R E S T D R
SOUTHGATE DR
S FERDON BLVD
ProposedZoning¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Zoning
Single Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District (R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Mixed Use (MU)
Page 82 of 259
CITY OF CRESTVIEW Item # 8.4.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: 1st reading after PDB
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Barry Henderson, Development Services Director, Nicholas Schwendt, Gis
DATE:6/8/2022
SUBJECT:Ordinance 1878 - Williams Avenue East Annexation
BACKGROUND:
On May 17, 2022, staff received an application to annex and to amend the comprehensive plan and zoning
designations for property located at 760 Williams Avenue East.
The subject property is currently located within unincorporated Okaloosa County with a future land use and
zoning designation of Low Density Residential and Residential-1, respectively.
The Planning and Development Board recommended approval of the request on June 6, 2022.
DISCUSSION:
The property description is as follows:
Property Owner:Dekay Investments LLC
201 SE Eglin Pkwy
Ft Walton Beach, FL 32547
Parcel ID:21-3N-23-1670-0015-0320
Site Size:0.69 acre
Current FLU:Okaloosa County Low Density Residential
Current Zoning:Okaloosa County Residential-1
Current Land Use:Residential
The following table provides the surrounding land use designations, zoning districts, and existing uses.
Direction FLU Zoning Existing Use
North Residential (R) and Okaloosa
County Low Density Residential
Single and Multi-Family Density
Dwelling District (R-3) and
Okaloosa County Residential-1
Residential
East Okaloosa County Low Density
Residential Okaloosa County Residential-1 Residential
South Okaloosa County Low Density
Residential Okaloosa County Residential-1 Vacant
West Okaloosa County Low Density
Residential Okaloosa County Residential-1 Residential
Page 83 of 259
The subject property is currently developed for residential use and a development application has not been
submitted. Based on the requested land-use and zoning designations, the property use will continue as a
residence.
Staff has reviewed the application based on the criteria detailed in Florida statute 171.043 for annexations and
finds the following:
-The property is contiguous to the city limits;
-The property is comprised of one (1) lot in unincorporated Okaloosa County, and is therefore
considered compact;
-The annexation of the property would not create an enclave
-The subject property is not included in the boundary of another municipality; and,
-The subject property meets the definition of urban purposes.
Courtesy notices were mailed to property owners within 300 feet of the subject property on May 17, 2022. A
letter was sent via certified mail to the Okaloosa Board of County Commissioners on May 19, 2022. The
property was posted on May 24, 2022. An advertisement ran in the Crestview News Bulletin on May 26 and
June 2, 2022.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows.
Foundational – these are the four areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability – Achieve long term financial sustainability.
Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest
quality of public services.
Quality of Life – these six areas focus on the overall experience when provided by the city.
Community Character – Promote desirable growth with a hometown atmosphere.
Opportunity – Promote an environment that encourages economic and educational opportunity.
Community Culture – Develop a specific identity for Crestview.
FINANCIAL IMPACT
The fees for annexation have been waived for this application as it was received during the moratorium on
annexation fees.
The cost of advertising was $544.50.
The successful annexation of this property will have positive future impacts, including ad valorem revenue
based on future taxable assessed value, development and building permit fees, and utility usage fees.
RECOMMENDED ACTION
Staff respectfully requests that the council move Ordinance 1878 to second reading for adoption.
Attachments
1.Exhibit Packet
Page 84 of 259
ORDINANCE: 1878
AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW,
FLORIDA, ± 0.69 ACRES OF CONTIGUOUS LANDS LOCATED IN
SECTION 21, TOWNSHIP 3 NORTH, RANGE 23 WEST, AND BEING
DESCRIBED AS SET FORTH HEREIN; PROVIDING FOR
AUTHORITY; PROVIDING FOR LAND DESCRIPTION; PROVIDING
FOR BOUNDARY; PROVIDING FOR LAND USE AND ZONING
DESIGNATION; PROVIDING FOR AMENDMENT TO THE BASE,
LAND USE AND ZONING MAPS; PROVIDING FOR A
COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR FILING
WITH THE CLERK OF CIRCUIT COURT OF OKALOOSA COUNTY,
THE CHIEF ADMINISTRATIVE OFFICER OF OKALOOSA COUNTY
AND THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS;
PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR
REPEAL OF CONFLICTING CODES AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS:
SECTION 1 – AUTHORITY. The authority for enactment of this ordinance is Chapter 171, Florida Statutes,
and Section 2 of the City Charter.
SECTION 2 – LAND DESCRIPTION. The following described unincorporated area contiguous to the City of
Crestview, Florida, is hereby annexed to the City:
PIN # 21-3N-23-1670-0015-0320 (Deed recorded in Book 3620, page 300, dated April 29, 2022)
Lot 32, 33, 34, 35, 36, 37, 38 and 39, Block 15, Morris Addition to Crestview, Florida, according
to the map or plat thereof, as recorded in Plat Book 1, Page(s) 133, of the Public Records of
Okaloosa County, Florida.
SECTION 3 – BOUNDARY. The existing boundary line of the City of Crestview, Florida, is modified to
include the herein referenced tract of land and the base, zoning and land use maps shall be updated to reflect these
changes pursuant to law.
SECTION 4 – LAND USE AND ZONING. Pursuant to general law, the property hereby annexed was subject
to Okaloosa County land development, land use plan, and zoning or subdivision regulations, which shall remain
in full force and effect until rezoning and land use changes are finalized by the City in compliance with the
Comprehensive Plan.
SECTION 5 – COMPREHENSIVE PLAN UPDATE. Pursuant to Chapter 163.011, et seq. petitioner for
annexation shall apply through the City for a Comprehensive Plan change which will designate the future land
use category for the parcel, with a zoning designation to be assigned and run concurrent with the approval and
adoption of the Comprehensive Plan amendment by the proper authorities.
SECTION 6 – MAP UPDATE. The Base, Zoning and Future Land Use Maps shall be updated at the earliest
possible date.
SECTION 7 – FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk
of Circuit Court of Okaloosa County and with the Florida Department of the State.
Page 85 of 259
SECTION 8 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the
application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect
the other provisions or applications of this ordinance which can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable.
SECTION 9 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent
of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public hearing,
by filing a corrected or re-codified copy with the City Clerk.
SECTION 10 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally
construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public
health, safety, or welfare.
SECTION 11 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All
Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and
resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
SECTION 12 – EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 27th day of June, 2022.
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
Approved by me this 27th day of June, 2022.
______________________________________
J. B. Whitten
Mayor
Page 86 of 259
Page 87 of 259
S FERDON BLVD
E CHESTNUT AVE
JAMES LEE BLVD EN FERDON BLVD E CHESTNUT AVE
S FERDON BLVD
JAMES LEE BLVD E
Vicinity Map
¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
Not to Scale
Subject Parcel(s)
Page 88 of 259
E WILLIAMS AVE
BROCK AVE
COOPER STE ROBINSON AVE
PARK ST
HENDERSON ST
SHORTWELL AVE
KING ST
HENDERSON ST
Existing Use¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
Existing Use
CountyManufactured HomeMobile HomeMulti-FamilyNon-ProfitSingle FamilyVacantVacant CommercialVacant/Residential
Page 89 of 259
E WILLIAMS AVE
BROCK AVE
COOPER STE ROBINSON AVE
PARK ST
HENDERSON ST
SHORTWELL AVE
KING ST
HENDERSON ST
CurrentFuture Land Use¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Future Land Use
Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R)
County Future Land Use
Low Density Residential (LDR)
Page 90 of 259
E WILLIAMS AVE
BROCK AVE
COOPER STE ROBINSON AVE
PARK ST
HENDERSON ST
SHORTWELL AVE
KING ST
HENDERSON ST
CurrentZoning¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Zoning
Single Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Residential - 1 (R-1)
Page 91 of 259
E WILLIAMS AVE
BROCK AVE
COOPER STE ROBINSON AVE
PARK ST
HENDERSON ST
SHORTWELL AVE
KING ST
HENDERSON ST
ProposedFuture Land Use
¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Future Land Use
Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R)
County Future Land Use
Low Density Residential (LDR)
Page 92 of 259
E WILLIAMS AVE
BROCK AVE
COOPER STE ROBINSON AVE
PARK ST
HENDERSON ST
SHORTWELL AVE
KING ST
HENDERSON ST
ProposedZoning¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Zoning
Single Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Residential - 1 (R-1)
Page 93 of 259
CITY OF CRESTVIEW Item # 8.5.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: 1st reading after PDB
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Barry Henderson, Development Services Director, Nicholas Schwendt, Gis
DATE:6/8/2022
SUBJECT:Ordinance 1879 - Williams Avenue East Comprehensive Plan Amendment
BACKGROUND:
On May 17, 2022, staff received an application to annex and to amend the comprehensive plan and zoning
designations for property located at 760 Williams Avenue East.
The subject property is currently located within unincorporated Okaloosa County with a future land use and
zoning designation of Low Density Residential and Residential-1, respectively.
The application requests the Residential (R) future land use designation for the property.
The Planning and Development Board recommended approval of the request on June 6, 2022.
DISCUSSION:
The property description is as follows:
Property Owner:Dekay Investments LLC
201 SE Eglin Pkwy
Ft Walton Beach, FL 32547
Parcel ID:21-3N-23-1670-0015-0320
Site Size:0.69 acre
Current FLU:Okaloosa County Low Density Residential
Current Zoning:Okaloosa County Residential-1
Current Land Use:Residential
The following table provides the surrounding land use designations, zoning districts, and existing uses.
Direction FLU Zoning Existing Use
North Residential (R) and Okaloosa
County Low Density Residential
Single and Multi-Family Density
Dwelling District (R-3) and
Okaloosa County Residential-1
Residential
East Okaloosa County Low Density
Residential Okaloosa County Residential-1 Residential
South Okaloosa County Low Density
Residential Okaloosa County Residential-1 Vacant
West Okaloosa County Low Density
Residential Okaloosa County Residential-1 Residential
Page 94 of 259
The subject property is currently developed for residential use and a development application has not been
submitted. Based on the requested land-use and zoning designations, the property use will continue as a
residence.
Staff reviewed the request for a comprehensive plan amendment and finds the following:
-The proposed future land use map designation is compatible with the surrounding area.
-The proposed future land use map designation is consistent with the city’s comprehensive plan and land
development code.
-The process for adoption of the future land use map amendment follows all requirements of Florida
statute sections 163.3184 (3) and (5).
-
The proposed amendment does not involve a text change to goals, policies, and objectives of the
comprehensive plan. It only proposes a land use change to the future land use map for a site-specific
small-scale development.
-The subject property is not located within an area of critical state concern.
Courtesy notices were mailed to property owners within 300 feet of the subject property on May 17, 2022. The
property was posted on May 24, 2022. An advertisement ran in the Crestview News Bulletin on May 26 and
June 2, 2022.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows.
Foundational – these are the four areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability – Achieve long term financial sustainability.
Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest
quality of public services.
Quality of Life – these six areas focus on the overall experience when provided by the city.
Community Character – Promote desirable growth with a hometown atmosphere.
Opportunity – Promote an environment that encourages economic and educational opportunity.
Community Culture – Develop a specific identity for Crestview.
FINANCIAL IMPACT
The fees for the comprehensive plan amendment have been waived for this application as it was received
during the moratorium on annexation fees. There is no additional cost of advertising as the comprehensive plan
amendment request was included in the advertisement for annexation.
RECOMMENDED ACTION
Staff respectfully requests that the council move Ordinance 1879 to second reading for adoption.
Attachments
1.Exhibit Packet
Page 95 of 259
ORDINANCE: 1879
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA,
AMENDING ITS ADOPTED COMPREHENSIVE PLAN; PROVIDING
FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT;
PROVIDING FOR PURPOSE; PROVIDING FOR CHANGING THE
FUTURE LAND USE DESIGNATION FROM OKALOOSA COUNTY
LOW DENSITY RESIDENTIAL TO RESIDENTIAL (R) ON
APPROXIMATELY 0.69 ACRES, MORE OR LESS, IN SECTION 21,
TOWNSHIP 3 NORTH, RANGE 23 WEST; PROVIDING FOR FUTURE
LAND USE MAP AMENDMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR
LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF
CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS:
SECTION 1 – AUTHORITY. The authority for enactment of this Ordinance is Section 2 of the City Charter,
§163.3187 F.S., §166.021 F.S., §166.041 F.S. and the adopted Comprehensive Plan.
SECTION 2 – FINDINGS OF FACT. The City Council of the City of Crestview finds the following:
A. This amendment will promote compact, orderly development and discourage urban sprawl; and
B. A public hearing has been conducted after "due public notice" by the Crestview Planning Board sitting
as the Local Planning Agency with its recommendations reported to the City Council; and
C. A public hearing has been conducted by the City Council after "due public notice"; and
D. This amendment involves changing the future land use designation from Okaloosa County Low Density
Residential to Residential (R) on a parcel of land containing 0.69 acres, more or less, lying within the
corporate limits of the City; and
E. This amendment is consistent with the adopted Comprehensive Plan and is in the best interests of the
City and its citizens.
SECTION 3 – PURPOSE. The purpose of this Ordinance is to adopt an amendment to the "City of Crestview
Comprehensive Plan: 2020." The amendment is described in Section 4 below.
SECTION 4 – FUTURE LAND USE MAP AMENDMENT. The Future Land Use Map is amended by
changing the future land use category of a parcel containing approximately 0.69 acres of land, more or less, from
Okaloosa County Low Density Residential to Residential (R). For the purposes of this Ordinance and
Comprehensive Plan Amendment, the 0.69 acres, more or less, is known as Parcel 21-3N-23-1670-0015-0320
and commonly described as:
Lot 32, 33, 34, 35, 36, 37, 38 and 39, Block 15, Morris Addition to Crestview, Florida, according
to the map or plat thereof, as recorded in Plat Book 1, Page(s) 133, of the Public Records of
Okaloosa County, Florida.
The Residential (R) Future Land Use Category is hereby imposed on Parcel 21-3N-23-1670-0015-0320. Exhibit
A, which is attached hereto and made a part hereof by reference, graphically depicts the revisions to the Future
Land Use Map and shows Parcel 21-3N-23-1670-0015-0320 thereon.
Page 96 of 259
SECTION 5 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the
application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect
the other provisions or applications of this ordinance which can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable.
SECTION 6 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent
of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public hearing,
by filing a corrected or re-codified copy with the City Clerk.
SECTION 7 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally
construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public
health, safety, or welfare.
SECTION 8 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All
Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and
resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
SECTION 9 – EFFECTIVE DATE. The effective date of this plan amendment and ordinance shall be thirty-
one (31) days after adoption on second reading by the City Council, unless the amendment is challenged pursuant
to §163.3187, F.S. If challenged, the effective date shall be the date a Final Order is issued by the State Land
Planning Agency or the Administration Commission finding the amendment in compliance with §163.3184, F.S.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 27th day of June, 2022.
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
Approved by me this 27th day of June, 2022.
______________________________________
J. B. Whitten
Mayor
Page 97 of 259
Page 98 of 259
S FERDON BLVD
E CHESTNUT AVE
JAMES LEE BLVD EN FERDON BLVD E CHESTNUT AVE
S FERDON BLVD
JAMES LEE BLVD E
Vicinity Map
¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
Not to Scale
Subject Parcel(s)
Page 99 of 259
E WILLIAMS AVE
BROCK AVE
COOPER STE ROBINSON AVE
PARK ST
HENDERSON ST
SHORTWELL AVE
KING ST
HENDERSON ST
Existing Use¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
Existing Use
CountyManufactured HomeMobile HomeMulti-FamilyNon-ProfitSingle FamilyVacantVacant CommercialVacant/Residential
Page 100 of 259
E WILLIAMS AVE
BROCK AVE
COOPER STE ROBINSON AVE
PARK ST
HENDERSON ST
SHORTWELL AVE
KING ST
HENDERSON ST
CurrentFuture Land Use¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Future Land Use
Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R)
County Future Land Use
Low Density Residential (LDR)
Page 101 of 259
E WILLIAMS AVE
BROCK AVE
COOPER STE ROBINSON AVE
PARK ST
HENDERSON ST
SHORTWELL AVE
KING ST
HENDERSON ST
CurrentZoning¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Zoning
Single Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Residential - 1 (R-1)
Page 102 of 259
E WILLIAMS AVE
BROCK AVE
COOPER STE ROBINSON AVE
PARK ST
HENDERSON ST
SHORTWELL AVE
KING ST
HENDERSON ST
ProposedFuture Land Use
¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Future Land Use
Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R)
County Future Land Use
Low Density Residential (LDR)
Page 103 of 259
E WILLIAMS AVE
BROCK AVE
COOPER STE ROBINSON AVE
PARK ST
HENDERSON ST
SHORTWELL AVE
KING ST
HENDERSON ST
ProposedZoning¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Zoning
Single Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Residential - 1 (R-1)
Page 104 of 259
CITY OF CRESTVIEW Item # 8.6.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: 1st reading after PDB
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Barry Henderson, Development Services Director, Nicholas Schwendt, Gis
DATE:6/8/2022
SUBJECT:Ordinance 1880 - Williams Avenue East Rezoning
BACKGROUND:
On May 17, 2022, staff received an application to annex and to amend the comprehensive plan and zoning
designations for property located at 760 Williams Avenue East.
The subject property is currently located within unincorporated Okaloosa County with a future land use and
zoning designation of Low Density Residential and Residential-1, respectively.
The application requests the Single and Multi-Family Density Dwelling District (R-3) zoning designation for
the property.
The Planning and Development Board recommended approval of the request on June 6, 2022.
DISCUSSION:
The property description is as follows:
Property Owner:Dekay Investments LLC
201 SE Eglin Pkwy
Ft Walton Beach, FL 32547
Parcel ID:21-3N-23-1670-0015-0320
Site Size:0.69 acre
Current FLU:Okaloosa County Low Density Residential
Current Zoning:Okaloosa County Residential-1
Current Land Use:Residential
The following table provides the surrounding land use designations, zoning districts, and existing uses.
Direction FLU Zoning Existing Use
North Residential (R) and Okaloosa
County Low Density Residential
Single and Multi-Family Density
Dwelling District (R-3) and
Okaloosa County Residential-1
Residential
East Okaloosa County Low Density
Residential Okaloosa County Residential-1 Residential
South Okaloosa County Low Density
Residential Okaloosa County Residential-1 Vacant
Page 105 of 259
West Okaloosa County Low Density
Residential Okaloosa County Residential-1 Residential
The subject property is currently developed for residential use and a development application has not been
submitted. Based on the requested land-use and zoning designations, the property use will continue as a
residence.
Staff reviewed the request for rezoning and finds the following:
-The proposed zoning is consistent with the proposed future land use designation.
-The uses within the requested zoning district are compatible with uses in the adjacent zoning districts.
-The requested use is not substantially more or less intense than allowable development on adjacent
parcels.
Courtesy notices were mailed to property owners within 300 feet of the subject property on May 17, 2022. The
property was posted on May 24, 2022. An advertisement ran in the Crestview News Bulletin on May 26 and
June 2, 2022.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows.
Foundational – these are the four areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability – Achieve long term financial sustainability.
Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest
quality of public services.
Quality of Life – these six areas focus on the overall experience when provided by the city.
Community Character – Promote desirable growth with a hometown atmosphere.
Opportunity – Promote an environment that encourages economic and educational opportunity.
Community Culture – Develop a specific identity for Crestview.
FINANCIAL IMPACT
The fees for the rezoning request have been waived for this application as it was received during the
moratorium on annexation fees. There is no additional cost of advertising as the rezoning request was included
in the advertisement for annexation.
RECOMMENDED ACTION
Staff respectfully requests that the council move Ordinance 1880 to second reading for adoption.
Attachments
1.Exhibit Packet
Page 106 of 259
ORDINANCE: 1880
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA,
PROVIDING FOR THE REZONING OF 0.69 ACRES, MORE OR LESS,
OF REAL PROPERTY, LOCATED IN SECTION 21, TOWNSHIP 3
NORTH, RANGE 23 WEST, FROM THE OKALOOSA COUNTY
RESIDENTIAL-1 ZONING DISTRICT TO THE SINGLE AND MULTI-
FAMILY DENSITY DWELLING DISTRICT (R-3) ZONING DISTRICT;
PROVIDING FOR AUTHORITY; PROVIDING FOR THE UPDATING OF
THE CRESTVIEW ZONING MAP; PROVIDING FOR SEVERABILITY;
PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR
LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF
CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS:
SECTION 1 – AUTHORITY. The authority for enactment of this ordinance is Section 166.041, Florida Statutes
and Chapter 102, City Code.
SECTION 2 – PROPERTY REZONED. The following described 0.69 acres, more or less, of real property
lying within the corporate limits of Crestview, Florida, with 0.69 acres, more or less, being formerly zoned
Okaloosa County Residential-1 with the Residential (R) Future Land Use Map designation recently ratified by
the City Council through adoption of Ordinance 1879, is hereby rezoned to Single And Multi-Family Density
Dwelling District (R-3) to wit:
PIN # 21-3N-23-1670-0015-0320
Lot 32, 33, 34, 35, 36, 37, 38 and 39, Block 15, Morris Addition to Crestview, Florida, according
to the map or plat thereof, as recorded in Plat Book 1, Page(s) 133, of the Public Records of
Okaloosa County, Florida.
SECTION 3 – MAP UPDATE. The Crestview Zoning Map, current edition, is hereby amended to reflect
the above changes concurrent with passage of this ordinance, which is attached hereto.
SECTION 4 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the
application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect
the other provisions or applications of this ordinance which can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable.
SECTION 5 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent
of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public hearing,
by filing a corrected or re-codified copy with the City Clerk.
SECTION 6 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally
construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public
health, safety, or welfare.
SECTION 7 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All
Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and
resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
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SECTION 8 – EFFECTIVE DATE. The effective date of this Ordinance shall be the date Comprehensive Plan
Amendment is adopted by Ordinance # 1879 and becomes legally effective.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 27th day of June, 2022.
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
Approved by me this 27th day of June, 2022.
______________________________________
J. B. Whitten
Mayor
Page 108 of 259
Page 109 of 259
S FERDON BLVD
E CHESTNUT AVE
JAMES LEE BLVD EN FERDON BLVD E CHESTNUT AVE
S FERDON BLVD
JAMES LEE BLVD E
Vicinity Map
¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
Not to Scale
Subject Parcel(s)
Page 110 of 259
E WILLIAMS AVE
BROCK AVE
COOPER STE ROBINSON AVE
PARK ST
HENDERSON ST
SHORTWELL AVE
KING ST
HENDERSON ST
Existing Use¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
Existing Use
CountyManufactured HomeMobile HomeMulti-FamilyNon-ProfitSingle FamilyVacantVacant CommercialVacant/Residential
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E WILLIAMS AVE
BROCK AVE
COOPER STE ROBINSON AVE
PARK ST
HENDERSON ST
SHORTWELL AVE
KING ST
HENDERSON ST
CurrentFuture Land Use¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Future Land Use
Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R)
County Future Land Use
Low Density Residential (LDR)
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E WILLIAMS AVE
BROCK AVE
COOPER STE ROBINSON AVE
PARK ST
HENDERSON ST
SHORTWELL AVE
KING ST
HENDERSON ST
CurrentZoning¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Zoning
Single Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Residential - 1 (R-1)
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E WILLIAMS AVE
BROCK AVE
COOPER STE ROBINSON AVE
PARK ST
HENDERSON ST
SHORTWELL AVE
KING ST
HENDERSON ST
ProposedFuture Land Use
¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Future Land Use
Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R)
County Future Land Use
Low Density Residential (LDR)
Page 114 of 259
E WILLIAMS AVE
BROCK AVE
COOPER STE ROBINSON AVE
PARK ST
HENDERSON ST
SHORTWELL AVE
KING ST
HENDERSON ST
ProposedZoning¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET
0 200100
Feet
Legend
Subject Parcel
City Limits
City Zoning
Single Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Residential - 1 (R-1)
Page 115 of 259
CITY OF CRESTVIEW Item # 8.7.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: 1st reading after PDB
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Barry Henderson, Development Services Director, Nicholas Schwendt, Gis
DATE:6/8/2022
SUBJECT:Ordinance 1881 - Robinson Avenue East Vacation
BACKGROUND:
On May 19, 2022, staff received an application requesting the vacation of an alley lying between of lots 1
through 3, and 7 through 9, Block 12, of Edney’s Third Addition.
The Planning and Development Board recommended approval of the request on June 6, 2022.
DISCUSSION:
The City has determined that the alley serves no use to the public.
The alley is surrounded by one property owner. If approved, the alley would be granted to the parcels adjacent
to it. The City will reserve a non-exclusive perpetual utility easement over the alley to access utilities in it.
An advertisement ran in the Crestview News Bulletin on May 26, 2022. The property was posted on May 24,
2022.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows.
Foundational – these are the four areas of focus that make up the necessary foundation of a successful local
government.
Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest
quality of public services.
Infrastructure – Satisfy current and future infrastructure needs.
Communication – To engage, inform and educate public and staff
Quality of Life – these six areas focus on the overall experience when provided by the city.
Community Character – Promote desirable growth with a hometown atmosphere.
Opportunity – Promote an environment that encourages economic and educational opportunity.
FINANCIAL IMPACT
The application fee to vacate the alley was $600.00 and the cost of advertising was $202.50.
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RECOMMENDED ACTION
Staff respectfully requests that the council move Ordinance 1881 to second reading for adoption.
Attachments
1.Newspaper
Page 117 of 259
ORDINANCE: 1881
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA,
VACATING AND ABANDONING THE ALLEYWAY LYING BETWEEN
LOTS 1 THROUGH 3 AND 7 THROUGH 9 OF BLOCK 12, EDNEY’S
THIRD ADDITION, AS SHOWN ON THE PLAT RECORDED IN PLAT
BOOK 1, PAGE 126 OF THE PUBLIC RECORDS OF OKALOOSA
COUNTY, FLORIDA; PROVIDING FOR UPDATE OF THE CRESTVIEW
BASE, ZONING AND LAND USE MAPS; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR FILING OF THIS
ORDINANCE WITH THE CLERK OF CIRCUIT COURT OF
OKALOOSA COUNTY; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner of property located adjacent to the platted alleyway lying between lots 1 through
3, and 7 through 9, Block 12, of Edney’s Third Addition, has petitioned the City to vacate and abandon
said alleyway, and
WHEREAS, the City has determined that the public has no need for the alleyway being vacated; and
WHEREAS, the City has utilities on, over or under the alleyway sought to be vacated; and
WHEREAS, the City must reserve a non-exclusive perpetual utility easement over the alleyway that is
being vacated;
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS:
SECTION 1 – AUTHORITY. The authority for enactment of this ordinance is Chapter 166.021, Florida
Statutes and Section 2, City Charter
SECTION 2 – VACATION OF ALLEYWAY AND RESERVATION OF UTILITY EASEMENT.
The City of Crestview hereby closes, vacates and abandons:
The alleyway lying between lots 1 through 3, and 7 through 9, Block 12, of Edney’s Third
Addition, as per the plat recorded in Book 1, Page 126, Public Records of Okaloosa County,
Florida.
as a public alleyway and hereby reserves and retains a non-exclusive perpetual utility easement
on, over, under and across the alley being vacated.
SECTION 3 – FILING. After enactment, the City Clerk is hereby directed to file a copy of this ordinance with
the Clerk of Circuit Court of Okaloosa County, Florida.
SECTION 4 – MAP UPDATE. The base, zoning, and land use maps are hereby amended to reflect the above
changes concurrent with the passage of this ordinance, applying the Commercial (C) Future Land Use designation
and Commercial Low Intensity (C-1) zoning designation to the vacated area.
SECTION 5 – REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 6 – SEVERABILITY. If any section, subsection, sentence clause, phrase or portion of this ordinance
or the particular application thereof shall be held invalid by any court, administrative agency, or other body with
Page 118 of 259
appropriate Jurisdiction, the remaining section, subsection, sentences, clauses, or phrases and the application
thereof shall not be affected thereby.
SECTION 7 – EFFECTIVE DATE. This ordinance shall become effective upon its adoption.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 27th day of June, 2022.
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
Approved by me this 27th day of June, 2022.
______________________________________
J. B. Whitten
Mayor
Page 119 of 259
Page 120 of 259
Page 121 of 259
CITY OF CRESTVIEW Item # 9.1.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: Resolution
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Tim Bolduc, City Manager, Gina Toussaint, Finance Director
DATE:6/9/2022
SUBJECT:Amendment to Resolution 2022-6
BACKGROUND:
At the December 13, 2021 council meeting, Resolution No. 2022-6 was approved authorizing the issuance of
$5,075,000 Water & Sewer Bonds Series through Pinnacle Public Finance, Inc. to construct a solids handling
wastewater project.
Subsequently, we were notified by the State of Florida that this project was eligible for funding through the
State Revolving Fund (SRF) Program. At the time of the original submission, this project wasn’t selected
because the SRF program did not have enough available funds to cover all of the submitted projects from
across the state. On February 23, 2022, the SRF, under the Florida Department of Environmental Protection
(FDEP), held a public meeting presenting recommendations on issues involving management of the Fiscal Year
(FY) 2022 Water Pollution Control SRF Priority List. One of those recommendations was to provide funding
for the City's biosolids handling wastewater project.
DISCUSSION:
In light of the funding availability from the State for the Biosolids Project, the original issuance is available for
other projects. The attached Resolution No. 2022-16 is to amend the definition of "Series 2021 Project" set
forth in the prior resolution to authorizing the use of the proceeds of the Bond to finance the Arena Road
Elevated Storage Tank project and the Foxwood Estates Septic to Sewer Project.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
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Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
The capital cost of the SRF Loan would be $5,162,000 with an amortization period of 20 years. Annual Debt
Service payments are projected at $375,501
RECOMMENDED ACTION
Staff respectfully requests City Council approval in seeking the adoption of Resolution No 2022-16 to amend
Resolution No. 2022-6 as previously approved.
Attachments
1.February 2022 Final Agency Action - Executed (002)
2.Resolution 2022-16 - Amending 2022-6 Sewer Bond Revenue
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RESOLUTION: 2022- 16
RESOLUTION NO. 2022-16
A RESOLUTION AMENDING RESOLUTION NO. 2022-6 OF THE CITY
OF CRESTVIEW, FLORIDA ADOPTED DECEMBER 13, 2021, THAT
AUTHORIZED THE ISSUANCE OF NOT TO EXCEED $5,075,000 CITY
OF CRESTVIEW, FLORIDA WATER AND SEWER REVENUE BOND,
SERIES 2021, TO PROVIDE FUNDS FOR THE PURPOSE OF
FINANCING CAPITAL IMPROVEMENTS TO THE ISSUER’S SEWER
SYSTEM AND PAYING THE COSTS OF ISSUANCE RELATED
THERETO; EXPANDING THE DEFINITION OF PROJECTS
ELIGIBILE TO BE FUNDED FROM THE PROCEEDS; RATIFYING
AND CONFIRMING ALL TERMS, PROVISIONS AND COVENANTS
OF RESOLUTION NO 2202-6; PROVIDING CERTAIN OTHER
MATTERS IN CONNECTION THEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE FOR THIS RESOLUTION.
WHEREAS, the City of Crestview, Florida (the “Issuer”) adopted Resolution No. 2022-6, on December 13,
2021 (the “Prior Resolution”) authorizing the issuance of the Issuer’s Water and Sewer Revenue Bond, Series
2021 (the “Bond”) and the sewer projects that could be financed by such Bond.
WHEREAS, subsequent to the issuance of the Bond, the Issuer applied for and was awarded a SRF
Loan to finance a part of the Series 2021 Project identified in the Resolution.
WHEREAS, the Issuer now desires to amend the definition of “Series 2021 Project” set forth in the
Prior Resolution to authorizing the use of the proceeds of the Bond to finance the Arena Road Elevated Storage
Tank Project, and the Foxwood Estates Septic to Sewer Project.
BE IT RESOLVED BY THE “ISSUER AS FOLLOWS:
SECTION 1. AMENDMENT. The definition of “Series 2021” is hereby amended to read as follows:
“Series 2021 Project” shall mean the acquisition costs for certain improvements to System consisting primarily
of the Issuer’s Wastewater Solids Handling Upgrade Project, the Arena Road Elevated Storage Tank Project,
the Foxwood Estates Septic to Sewer Project, and such other improvements to the System as may be lawful
under the laws of the State of Florida.
SECTION 2. PRIOR RESOLUTION EFFECTIVENESS. All other provisions of the Prior Resolution
remain unchanged and in effect.
SECTION 3. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or
provisions of this Resolution shall be held contrary to any express provision of law or contrary to the policy of express
law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then
such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining
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covenants, agreements and provisions of this Resolution and shall in no way affect the validity of any of the other
covenants, agreements or provisions hereof or of the Bonds issued hereunder.
SECTION 4. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith
are hereby superseded and repealed to the extent of such conflict.
SECTION 5. EFFECTIVE DATE. The provisions of this Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED THIS, 13th day of June, 2022.
____________________________
JB Whitten, Mayor
(SEAL)CITY COUNCIL
By: Mayor
Maryanne Schrader, City Clerk
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESTORATION ASSISTANCE
FINAL AGENCY ACTION:
State Revolving Fund (SRF) Program: ) Notice ID#:
Management of the Fiscal Year 2022 ) FA-SRF-202202
Water Pollution Control SRF Priority List )
Drinking Water SRF Priority List )
Notice of the public meeting for the Water Pollution Control SRF and the Drinking Water SRF
Priority List adoptions was published in the Florida Administrative Register, Volume 47, Number 244,
on December 20, 2021.
On February 23, 2022, the State Revolving Fund Program, under the Florida Department of
Environmental Protection (FDEP), held a public meeting via a Microsoft Teams virtual meeting. Paul
Brandl, Professional Engineer of the Drinking Water SRF (DWSRF), served as Moderator. Mike Chase,
PE Administrator of the Clean Water SRF (CWSRF) Program, presented Department staff
recommendations on issues involving management of the Fiscal Year (FY) 2022 Water Pollution
Control SRF Priority List. Shanin Speas-Frost, Program Administrator, Division of Water Restoration
Assistance (DWRA), presented staff recommendations on issues involving the management of the FY
2022 Drinking Water SRF Priority List.
The Water Pollution Control SRF Priority List schedules projects to be financed with loans and
grants in the form of principal forgiveness loans from the SRF and from the associated Disadvantaged
Small Community Grants program. It is developed annually and adopted by the Department under the
provisions of Chapter 62-503, Florida Administrative Code (F.A.C.). The Drinking Water SRF Priority
List schedules projects to be financed with loans, and grants in the form of principal forgiveness loans
from the SRF. It is developed annually and adopted by the Department under the provisions of Chapter
62-552, F.A.C. The rules provide for certain list management activities, including but not limited to,
removal of projects which have failed to meet document submittal deadlines as required by the rules,
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authorization of additional funds to projects already on the lists, and the addition of new projects to the
lists.
Mr. Chase presented the FY 2022 CWSRF Priority List Management Issues and Recommendations
(attached to this Order as CWSRF Exhibit A). Reading from CWSRF Exhibit A, Mr. Chase summarized
the Department’s recommendations for management of the FY 2022 Water Pollution Control SRF
Priority List, subject to availability of funds and subject to a $12 million per sponsor segment cap
amount.
Mr. Brandl presented the FY 2022 Drinking Water SRF Priority List Management Issues and
Recommendations (attached to this Order as DWSRF Exhibit A). Mr. Brandl summarized the
Department’s recommendations for management of the FY 2022 Drinking Water SRF Priority List.
After hearing these recommendations, the Moderator asked for additional public or staff comment.
There was no discussion regarding the exhibits presented that changed staff recommendations, and no
issues were raised which required any further action by the Department. This concluded business
regarding management of the lists. The recommendations as presented were approved.
After approval, there were no additional substantive comments pertaining to the meeting’s
proceedings. The FY 2022 Water Pollution Control SRF Priority List and Drinking Water SRF Priority
List were adopted and are attached to this Order as:
–
and
–
This concluded the public meeting regarding management of the SRF priority lists.
A person whose substantial interests are affected by the Department's proposed agency action
may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57 of the
Florida Statutes. The petition must contain the information set forth below and must be filed (received
by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,
Mail Station 35, Tallahassee, Florida 32399-3000.
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Petitions by the applicants or any of the parties listed below must be filed within twenty-one days
of receipt of this written notice. Petitions filed by any persons other than those entitled to written notice
under Section 120.60(3) of the Florida Statutes must be filed within twenty-one days of publication of
the notice or within twenty-one days of receipt of the written notice, whichever occurs first.
Under Section 120.60(3) of the Florida Statutes, however, any person who has asked the
Department for notice of final agency action may file a petition within twenty-one days of receipt of
such notice, regardless of the date of publication on the Department’s website.
The petitioner shall mail a copy of the petition to the applicant(s) at the address indicated at the
end of this order at the time of filing. The failure of any person to file a petition within the appropriate
time period shall constitute a waiver of that person's right to request an administrative determination
(hearing) under Sections 120.569 and 120.57 of the Florida Statutes, or to intervene in this proceeding
and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party)
will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule
28-106.205 of the Florida Administrative Code.
A petition that disputes the material facts on which the Department's action is based must contain
the following information:
(a) Thename,address,and telephone number ofeachpetitioner, the Department’s notice
identification number and the county in which the subject matter or activity is located.
(b) A statement of how and when each petitioner received notice of the agency decision;
(c) A statement of how each petitioner's substantial interests are affected by the Department action;
(d) A statement of the material facts disputed by the petitioner, if any;
(e) A statement of facts that the petitioner contends warrant reversal or modification of the
Department action;
(f) A statement of which rules or statutes the petitioner contends require reversal or modification of
the Department action; and
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(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner
wants the Department to take.
A petition that does not dispute the material facts on which the Department's action is basedshall
state that no such facts are in dispute and otherwise shall contain the same information as set forth
above, as required by Rule 28-106.301, F.A.C.
Because the administrative hearing process is designed to formulate final agency action, the
filing of a petition means that the Department's final action may be different from the position taken by
it in this notice. Persons whose substantial interests will be affected by any such final decision of the
Department have the right to petition to become a party to the proceeding, in accordance with the
requirements set forth above.
Mediation under Section 120.573 of the Florida Statutes is not available for this proceeding.
This action is final and effective on the date filed with the Agency Clerk unless a petition is filed in
accordance with the above. Upon the timely filing of a petition this action will not be effective until
further action of the Department.
Any party to the order has the right to seek judicial review of it under Section 120.68 of the
Florida Statutes, by the filing of a notice of appeal under rule 9.110 of the Florida Rules of Appellate
Procedure with the Clerk of the Department in the Office of General Counsel, Mail Station 35, 3900
Commonwealth Boulevard, Tallahassee, Florida, 32399-3000, and by filing a copy of the notice of
appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The
notice of appeal must be filed within 30 days after this order is filed with the Clerk of the Department.
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DONE AND RECORDED on this 23rd day of February 2022, in Tallahassee, Florida.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Angela Knecht, Director
Division of Water Restoration Assistance
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Phone 850-245-2998
FILED ON THIS DATE PURSUANT TO § 120.52,
FLORIDA STATUTES, WITH THE
DESIGNATED DEPARTMENT CLERK,
RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED.
CLERK DATE
Notification of actions taken were sent by electronic mail to the affected parties listed in Attachment 2.
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EXHIBIT A: For the 2/23/2022 FY 2022 Priority List Adoption Meeting
FY 2022 CWSRF WATER POLLUTION CONTROL PRIORITY LIST ADOPTION
ISSUES AND RECOMMENDATIONS, Ch. 62-503, Florida Administrative Code
1) FY 2022 Fundable Portion Increases and New Projects: Funds are available for adding project increases and new projects to the fundable portion of the FY
2022 priority list.
Project increase requests and new projects which have filed documents timely and have been certified by staff as ready-to-proceed are eligible for listing on the
fundable portion of the priority list beneath those projects already listed, and subject to the $12 million segment cap. For projects qualifying for Small
Community Wastewater Construction Grants (SCWCG) pursuant to Ch. 62-505, Florida Administrative Code, the grant amount is also shown below.
The increases and new projects are:
SRF Fundable Allocated Allocated
Priority Project Listing SCWCG Principal
Project Sponsor Score_ Number Loan Type Amount Amount Forgiveness*
Davenport 100 53072 WW – Construction (Increase) $4,270,528 N/A N/A
Florida City 375 13103 WW – Construction (Increase) $1,226,778 N/A N/A
Palm Coast 120 18043 WW – Construction (Increase) $2,468,001 N/A N/A
Haines City 375 53046 WW – Construction (Increase) $3,593,130 N/A N/A
Haines City 340 53046 WW – Design (Increase) $2,345,100 N/A N/A
Newberry 340 01080 WW – Planning (Increase) $1,075,000 N/A N/A
Pompano Beach 100 06246 SW – Construction (New) $1,840,250 N/A N/A
Pompano Beach 400 06247 WW – Construction (New) $2,882,108 N/A N/A
Crestview 200 46071 WW – Construction (New) $5,012,000 N/A N/A
Daytona Beach 100 64094 WW – Construction (New) $9,084,000 N/A N/A
Lake Wales 100 53036 WW – Construction (New) $2,947,895 N/A N/A
Cape Canaveral 135 05058 WW – Construction (New) $2,362,500 N/A N/A
Cottondale 355 32039 WW – Construction (New) $883,754 $707,003 N/A
Titusville 375 05034 WW – Construction (New) $4,889,000 N/A N/A
Titusville 340 05035 WW – Design (New) $1,580,000 N/A N/A
Mascotte 340 35122 SW – Design (New) $448,200 N/A N/A
Mascotte 340 35120 WW – Design (New) $1,682,640 N/A N/A
Longwood 100 59055 WW – Construction (New) $3,359,270 N/A N/A
Montverde 340 35131 WW – Planning (New) $250,000 N/A N/A
Bushnell 352 60045 WW – Construction (DS Funds) $500,000 N/A N/A
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TOTAL INCREASES AND NEW PROJECTS $52,700,154
TOTAL ALLOCATED SCWCG $707,003
TOTAL ALLOCATED PRINCIPAL FORGIVENESS N/A
Staff recommends adding these projects to the fundable portion of the FY 2022 priority list.
*See Exhibit B for methodology regarding allocation of available principal forgiveness funds.
2) Pursuant to Ch. 62-503.300(1)(b), F.A.C., all documents must be postmarked or delivered on or before January 10, 2022 and approved by the Department by
February 9, 2022 preceding this priority list adoption meeting. Some project sponsors submitted Requests for Inclusion or other documents after these
deadlines. They are:
SRF Fundable Allocated Allocated
Priority Project Listing SCWCG Principal
Project Sponsor Score_ Number Loan Type Amount Amount Forgiveness*
Everglades City 385 11092 WW – Construction (New) $3,078,660 N/A N/A
TOTAL LATE SUBMITTAL PROJECTS $3,078,660
TOTAL ALLOCATED SCWCG $0
TOTAL LATE SUBMITTAL ALLOCATED PRINCIPAL FORGIVENESS $0
The Program Administrator will make a determination as to whether these late submitted projects will be added to the FY 2022 priority list.
3) Projects being added to the list in Issue 1, 2 and 3 above whose project(s) costs exceed the $12 million segment cap will be placed on the waiting portion of
the priority list for the unfunded amount. They are:
SRF Waiting
Priority Project List
Project Sponsor Score Number Loan Type Amount
Palm Coast 120 18043 WW – Construction (Segment) $7,027,099
Davenport 100 53072 WW – Construction (Segment) $2,165,900
TOTAL SEGMENTS ADDED TO WAITING LIST $9,192,999
Projects added to the Waiting Portion of the priority list for FY 2022 may be elevated to the Fundable Portion of the list for FY 2023 at the first priority list
adoption meeting after July 1, 2022, subject to availability of funds and subject to the segment cap to be established at that public meeting.
Page 132 of 259
4) Other Business:
The City of Pompano Beach, under loan agreement SW062440, has requested to replace the construction of the “City of Pompano Beach - Kendall Lakes
Stormwater Improvements” project with the construction of the “City of Pompano Beach – NE 27th Avenue and NE 16th Street” project from the previously
approved Stormwater Master Plan dated August 30, 2013. The stormwater improvements include installation of an exfiltration system interconnected to the
existing drainage system, allowing drawdown via the existing outfalls. The replacement of projects results in a net zero dollar increase to the loan agreement.
The City of Florida City, under loan agreement WW131031, has requested a funding increase of $1,226,778.14 to include increases for construction of “Project 7:
West Palm Drive Pump Station” and “Project 13: West Palm Drive Force Main” from the previously approved Wastewater System Improvements Facilities Plan
dated March 2018. The projects consist of the construction of a new pump station to serve upcoming residential developments in the area and the installation of
approximately 0.70 miles of force main.
The City of Haines City has requested funding increases for loan agreements WW530460 & WW530461 totaling $5,938,230; this includes an increase to loan
WW530460 of $2,345,100 for design of additional biological process improvements, and an increase to loan WW530461 of $3,593,130 for the construction of a
ground storage tank, pump station, headworks and EQ improvements.
The City of Bushnell has requested emergency distressed system funding to rehab and repair their wastewater treatment plant concrete tankage. The repair of the
SBR concrete tankage involves stabilizing the foundation soils via pumping a concrete slurry into the soils at strategic points along the wall.
The City of Palm Coast has requested a funding increase for loan agreement WW18043 for the Palm Coast Wastewater Treatment Facility No.2 Expansion project
of $9,495,100. The sponsor has received $9,531,999 for the project this fiscal year, therefore is only eligible to receive $2,468,001 at this listing with the
remainder, $7,027,099, placed on the waiting list for next fiscal year.
The City of Davenport has requested a funding increase for loan agreement WW53072 for the Davenport Wastewater Treatment Facility – Phase 2 Improvements
project of $6,436,428. The sponsor has received $7,729,472 for the project this fiscal year, therefore is only eligible to receive $4,270,528 at the listing with the
remainder, $2,165,900, placed on the waiting list for next fiscal year.
Page 133 of 259
5) Available Balance:
SOURCE OF FUNDS FY 2022
FEDERAL FUNDS
FY 2021 SRF Capitalization Grant for Projects $53,633,000
FY 2022 SRF Capitalization Grant for Projects $53,633,000
STATE FUNDS
FY 2021 State Matching Funds for FY 2021 Capitalization Grant $10,726,600
FY 2022 State Matching Funds for FY 2022 Capitalization Grant $10,726,600
CWSRF State Balance $332,294,823
Bond Bank Balance $247,518,525
CWSRF Interest (estimated) $4,716,740
Projected Net Loan Repayments to State Bank (7/1/21 - 6/30/22) $132,739,197
Projected Net Loan Repayments to Bond Bank (7/1/21 - 6/30/22) $62,962,788
Decreases $24,014,476
TOTAL FUNDS AVAILABLE $932,965,749
USE OF FUNDS
Fundable FY 2021 Carryover Projects $90,645,788
Increases and New Projects on FY 2022 Fundable List* $339,646,742
State Bank Encumbered $305,681,339
Bond Bank Encumbered $136,744,450
Distress System Funding $500,000
Bonded Debt Service $29,652,168
TOTAL FUNDS OBLIGATED for FY 2022 $902,870,487
BALANCE OF TOTAL FUNDS AVAILABLE for Projects in FY 2022 $30,095,262
* Includes a $12 million segment cap for FY 2022
- END -
Page 134 of 259
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Page 137 of 259
PRIORITY APPLICANT/ PROJECT ESTIMATED
SCORE PROJECT NBR TYPE UNFUNDED COST
Mount Dora Treatment
35148
(Treatment Plant
Improvements)
Hollywood Treatment
0604C
(DIW Pump Station &
RO Effluent Disposal)
Largo Treatment
52027
(WWRF Biological
Treatment )
Miami Dade Water
and Sewer Authority Treatment
1302A (Deep Injection Wells)
Flagler Beach* Treatment
18013 (Upgrade to AWT)
Bunnell* Treatment
18051
(Wastewater Treatment
Plant Replacement)
Bartow Treatment
53022
(Treatment Plant
Rehab)
Cape Coral
Transmission,
Collection, Reclaim
Water
36012
(New North 2 Area
Services)
Orlando Treatment
4804A
(Rehab and Expansion
of ConservI WWTP)
Palm Coast
18043
Davenport* Treatment
53072
(Treatment Plant
Improvements)
Melbourne Treatment
5091
(Grant St. WRF &
Biosolid Improvements)
Davenport*
53072
$191,293,825
PRIORITY APPLICANT/ PROJECT ESTIMATED
SCORE PROJECT NBR TYPE PROJECT COST
Clermont Treatment
3514B (WRF Improvements)
High Springs* Treatment
1051
(
Expansion)
$38,682,400
*Small community <=10,000 (based on the 2010 Census for projects Listed after 6/30/2011)
PLANNING PORTION TOTAL:
WAITING PORTION
PLANNING PORTION
*Small community <=10,000 (based on the 2010 Census for projects Listed after 6/30/2011)
100 WW/Con $33,700,000
465 WW/Con $4,982,400
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
WATER POLLUTION CONTROL SRF PRIORITY LIST FY 2022
ADOPTED
FOR:02/23/2022
PROJECT DESCRIPTION
0 WW/Con $2,165,900
UNCOMMITTED WAITING PORTION TOTAL:
100 WW/Con $6,436,428
100 WW/Con $10,711,500
166.4 WW/DB $44,861,050
120 WW/Con $7,027,099
300 WW/Con $6,299,500
200 WW/Con $32,516,995
400 WW/Con $5,577,267
354.29 WW/Con $2,160,022
450 WW/Con $4,291,517
415 WW/Con $45,246,547
PROJECT DESCRIPTION
540 WW/Con $12,000,000
495 WW/Con $12,000,000
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
WATER POLLUTION CONTROL SRF PRIORITY LIST FY 2022
ADOPTED
FOR:02/23/2022
Page 138 of 259
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Page 145 of 259
RESOLUTION 2022 - 16
A RESOLUTION AMENDING RESOLUTION NO. 2022-6 OF THE CITY OF CRESTVIEW,
FLORIDA ADOPTED DECEMBER 13, 2021, THAT AUTHORIZED THE ISSUANCE OF
NOT TO EXCEED $5,075,000 CITY OF CRESTVIEW, FLORIDA WATER AND SEWER
REVENUE BOND, SERIES 2021, TO PROVIDE FUNDS FOR THE PURPOSE OF
FINANCING CAPITAL IMPROVEMENTS TO THE ISSUER’S SEWER SYSTEM AND
PAYING THE COSTS OF ISSUANCE RELATED THERETO; EXPANDING THE
DEFINITION OF PROJECTS ELIGIBILE TO BE FUNDED FROM THE PROCEEDS;
RATIFYING AND CONFIRMING ALL TERMS, PROVISIONS AND COVENANTS OF
RESOLUTION NO 2202-6; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION
THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION
WHEREAS, the City of Crestview, Florida (the “Issuer”) adopted Resolution No. 2022-
6, on December 13, 2021 (the “Prior Resolution”) authorizing the issuance of the Issuer’s Water
and Sewer Revenue Bond, Series 2021 (the “Bond”) and the sewer projects that could be
financed by such Bond.
WHEREAS, subsequent to the issuance of the Bond, the Issuer applied for and was
awarded a SRF Loan to finance a part of the Series 2021 Project identified in the Resolution.
WHEREAS, the Issuer now desires to amend the definition of “Series 2021 Project” set
forth in the Prior Resolution to authorizing the use of the proceeds of the Bond to finance the
Arena Road Elevated Storage Tank Project, and the Foxwood Estates Septic to Sewer Project.
NOW THEREFORE BE IT RESOLVED by the Issuer as follows:
SECTION 1. AMENDMENT. The definition of “Series 2021” is hereby amended to read as
follows: “Series 2021 Project” shall mean the acquisition costs for certain improvements to
System consisting primarily of the Issuer’s Wastewater Solids Handling Upgrade Project, the
Arena Road Elevated Storage Tank Project, the Foxwood Estates Septic to Sewer Project, and
such other improvements to the System as may be lawful under the laws of the State of Florida.
SECTION 2. PRIOR RESOLUTION EFFECTIVENESS. All other provisions of the Prior
Resolution remain unchanged and in effect.
SECTION 3. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the
Page 146 of 259
covenants, agreements or provisions of this Resolution shall be held contrary to any express
provision of law or contrary to the policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held invalid, then such covenants,
agreements or provisions shall be null and void and shall be deemed separable from the
remaining covenants, agreements and provisions of this Resolution and shall in no way affect the
validity of any of the other covenants, agreements or provisions hereof or of the Bonds issued
hereunder.
SECTION 4. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts
thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict.
SECTION 5. EFFECTIVE DATE. The provisions of this Resolution shall take effect
immediately upon its passage.
ADOPTED this 13th day of June 2022.
_____________________________
JB Whitten, Mayor
ATTEST:
_____________________________
Maryanne Schrader, City Clerk
Page 147 of 259
CITY OF CRESTVIEW Item # 10.1.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Michael Criddle, Public Services Director, Natasha Peacock, Admin Assistant, Kyle Lusk
DATE:6/9/2022
SUBJECT:Continuing Services Contracts Renewal
BACKGROUND:
During the April 26, 2021, Regular City Council meeting, the Council approved the RFP committee's selection of
firms for one-year contracts. Those Professional Continuing Services Contracts are up for a one-year renewal.
The use of these continuing service contracts is to provide specialized engineering, planning or architectural
services for selected projects without the City having to go through the bid process for every project.
DISCUSSION:
In April, 2021, The City entered into Professional Continuing Services contracts with the following firms:
Adurra, Alday-Howell Eng., Barge Design Solutions, DAG Architects, Jacobs Engineering Group, Matrix
Design, Panhandle Engineering and Construction, Poly Inc, Seaside Eng. & Surveying LLC, Sam Marshal
Arch., and TKJM Transportation Consultants. All of the above-mentioned contracts are up for renewal for
another twelve (12) months with Council approval.
Only five of the firms worked on, are currently working on, or getting ready to start on city-related projects.
Renewal of the five listed contracts would provide continuity and prevent the expense of the process of finding
other firms to complete or start projects. Alday-Howell Eng., Jacobs Engineering Group, Matrix Design,
Panhandle Engineering and Construction, Seaside Eng. & Surveying LLC. were the firms given projects.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Page 148 of 259
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
There would be no financial impact from the renewal of the Continuing Services Contracts.
RECOMMENDED ACTION
Staff respectfully requests the City Council approve the one-year extension of the individual
Professional Continuing Services contracts and authorize the Mayor to execute the contracts.
Attachments
1.Continuing Services Contract Renewal _Jacobs_NOTSIGNED
2.Continuing Services Contract Renewal _Pecs_NOTSIGNED
3.Continuing Services Contract Renewal _alday_NOTSIGNED
4.Continuing Services Contract Renewal _Seas_NOTSIGNED
5.Continuing Services Contract Renewal_Matrix
Page 149 of 259
City of Crestview, Florida
PROFESSIONAL PLANNING
CONTINUING SERVICES CONTRACT
THIS AGREEMENT is made this_____ day of __________, 2022, between CITY OF
CRESTVIEW, FLORIDA, a municipal corporation, whose address is P.O. Drawer 1209,
Crestview, Florida 32536, the "City", and Jacobs, ("Consultant") whose address is 25 W Cedar
St Suite 350, Pensacola, FL 32502.
WHEREAS, the City desires to engage Consultant to provide professional planning
services on an as-needed basis; and
WHEREAS, Consultant desires to render professional planning services as
described in the Scope of Services, and has the qualifications, experience, staff, and
resources to perform those services; and
WHEREAS, the City, through a selection process conducted in accordance with the
requirements of Florida law and City policy, has determined that it would be in the best
interest of the City to award a contract to Consultant for the rendering of those services
described in the Scope of Services.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereto agree as follows:
SECTION 1: EMPLOYMENT OF CONSULTANT. The City hereby agrees to engage
Consultant and Consultant hereby agrees to perform the services set forth in the Scope of
Services.
SECTION 2: SCOPE OF SERVICES. Consultant shall provide, on an as-needed basis, the
professional planning services in accordance with the Scope of Services outlined in the
original agreement dated May 3, 2021. Services will be awarded on a project-by-project
basis that may include any or all of the services listed in Exhibit A of the original agreement,
or services not specifically mentioned but directly related to the specific discipline of the
Consultant. There is no guarantee of any minimum volume of work during the contract
period, and the City reserves the right to award work based on factors determined to be in the
best interest of the City. Consultant may hire sub-consultants to be used for portions of the
required services; however, the primary Consultant must be responsible for all the work
performed. The contract amount for services on any single project or task order will not
Page 150 of 259
exceed the limit set forth by current Florida Statute. Assignments are to be carried out only
after a description of the work to be accomplished has been agreed-to in writing, a written
estimate of the cost for the assignment has been found acceptable to the City, and a written
task order has been issued by the City.
SECTION 3: THE CITY'S RESPONSIBILITY. Except as provided in the scope of
Services, the City's responsibilities are as follows:
To provide, within a reasonable time from the request of Consultant, existing data, plans,
reports, and other information in the City's possession or under the City's control which are
necessary for the performance of the duties of Consultant as described in the Scope of
Services; and to provide full information regarding requirements of the Scope of Services,
including objectives, budget constraints, criteria, and other requirements that exist at the
time of signing of this Agreement or which may develop during the performance of this
Agreement.
B. To give prompt written notice to Consultant if the City observes or otherwise
becomes aware of any fault or defect in the Scope of Services or non-conformance with the
documents which comprise this Agreement.
c. To furnish required information and services and render approvals and decisions as
necessary for the orderly progress of the Consultant's services.
D. The City hereby designates the Director of Public Services or his designee to act on
the City's behalf with respect to the Scope of Services. The Director of Public Services or
his designee shall have complete authority to transmit instructions, receive information, and
interpret and define City's policies and decisions with respect to materials, elements, and
systems pertinent to Consultant's services.
SECTION 4: CONTRACT TIME.
A. The term of this contract shall be for ONE (1) year beginning on the date of its complete
execution, with option to renew for FOUR (4) additional terms of ONE (1) year at the sole discretion
of the City, unless earlier terminated by the Crestview City Council.
B. Consultant agrees to commence work in accordance with the time specified in each
task order and complete the work within the time specified in the task order. The Consultant
shall work on each task order continuously and expeditiously from the time the task order is
issued. In the event that Consultant is delayed by acts of God. changes in the Project, extras
to the task order, or failure of the City to make timely and proper payments, then Consultant
shall, within forty-eight (48) hours of start of the delay, give written notice and request for
an extension of time from the City.
c. If Consultant fails, through its own fault, to complete the performance required in a
task order within the time set forth, as duly adjusted, then City shall be entitled, as its sole
remedy, to the recovery of direct damages, if any, resulting from such failure.
Page 151 of 259
D. No Damages for Delay/Cumulative Impact; Consultant shall not be entitled to any recovery
for loss, expense, or damage due to delay. The Consultant shall not be entitled to any recovery for
loss, expense, or damage as a result of cumulative impact due to change orders.
SECTION 5: COMPENSATION. Compensation for the scope of Services performed
by the Consultant shall be payable as follows:
A. The compensation basis shall be as set forth in the approved written task order for each
assignment.
B. Compensation for travel expenses shall be as set forth in Section 1 12.061 Florida Statutes.
c. Consultant shall prepare and submit to the City Council for approval monthly invoices for the
services rendered under this Agreement. Invoices for services shall be paid in accordance with the
Florida Prompt Payment Act. All invoices shall be accompanied by a report identifying the nature
and progress of the work performed. The statement shall show a summary of fees with an accrual of
the total fees billed and credits for portions paid previously. The City reserves the right to withhold
payment to Consultant for failure to perform the work in accordance with the provisions of this
Agreement, and the City shall promptly notify Consultant if any invoice or report is found to be
unacceptable and shall specify the reasons therefor.
D. All representations, indemnifications, warranties, and guaranties made in, required by, or
given in accordance with this Agreement, as well as all continuing obligations indicated in
this Agreement, will survive final payment and termination or completion of this Agreement.
SECTION 6: DOCUMENTS. The documents which comprise this Agreement
between the City and the Consultant are attached hereto and made a part hereof and consist
of the following:
A. This Agreement.
B. Any written amendments, modifications, or Addenda to this Agreement.
C. Any task order and attachments thereto issued pursuant to this Agreement.
D. Notice of Award issued by City of Crestview.
E. City of Crestview Request for Proposal (RFP) for Professional Planning Services, including
any Addenda thereto.
F. Items submitted by Consultant in response to the RFP.
Copies of the RFP and submitted proposal are maintained and available in the office of the
City Clerk of the City of Crestview.
In the event of a conflict between any documents comprising this Agreement, the documents
shall be construed in the following order of priority: l ) the terms of this Agreement; 2) the
provisions of the Request for Proposal; and 3) the Consultant's submittal provided in response
to the City's Request for Proposal.
Page 152 of 259
SECTION 7: GENERAL CONSIDERATIONS.
A. Ownership and Use of Documents; The documents prepared by the Consultant
pursuant to this Agreement are instruments of the Consultant's service for use
solely with respect to this Agreement. All reports. documents and materials
prepared relating to services rendered hereunder shall be the property of the City,
provided payment for applicable fees for their production has been made to the
Consultant in accordance with the terms of this Agreement. The City shall retain
and use the Consultant's documents for public record, information and reference
and make use in connection with the City's compliance with any federal, state,
county or city laws, codes, requirements, permits or any other mandate
whatsoever.
B. Equal Opportunity Employment: In connection with the work to be performed under this
Agreement, Consultant agrees to comply with the applicable provisions of State and
Federal Equal Employment Opportunity statutes and regulations.
C. Standard of Performance; Consultant shall perform and complete the Scope of Services
in a timely manner and in accordance with the standard of care, skill, and diligence
customarily provided by an experienced professional in his or her field of expertise when
rendering the same services, and in accordance with sound principles and practices
generally acknowledged by professionals in his or her field of expertise.
SECTION 8: DISCLOSURE REGARDING SECURING CONTRACT. Consultant
warrants that it has not employed or retained any company or person, other than a bona fide
employee, working solely for Consultant, to solicit or secure this Agreement and that
Consultant has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for Consultant. any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or
making of this Agreement.
For the breach or violation of this provision, the City shall have the right to terminate this
Agreement without liability. and, at its discretion, to deduct from the contract price, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
SECTION 9: TRUTH-IN-NEGOTIATIONS/PUBLIC ENTITY CRIMES AFFIDAVIT.
Consultant certifies that wage rates and other factual unit costs supporting the compensation
submitted are accurate, complete, and current at the time of contracting. The original
contract price and any additions thereto shall be adjusted to exclude any significant sums by
which the City determines the contract price was increased due to inaccurate, incomplete, or
non-current wage rates and other factual unit costs. Consultant represents that it has
furnished a Public Entity Crimes Affidavit pursuant to Section 287.133, Florida Statutes, to
the City.
SECTION 10: INSURANCE.
A. The Consultant shall purchase and maintain such commercial (occurrence form)
or comprehensive general liability, professional liability, workers compensation, and other
Page 153 of 259
insurance as is appropriate for the services being performed hereunder by Consultant, its
employees or agents. The amounts and types of insurance shall conform to the following
minimum requirements:
Worker's Compensation Coverage must apply for all employees and
statutory limits in compliance with the applicable state and federal laws. In addition, the
policy must include the following:
a. Employer's Liability with a minimum limit per accident in accordance
with statutory requirements.
b. Notice of Cancellation and/or Restriction. The policy must be
endorsed to provide City with ten (10) days' written notice of cancellation
and/or restriction.
2. Comprehensive General Liability Coverage must include:
a. $1,000,000 combined limit per occurrence for bodily injury, personal
injury, and property damage.
b. Contractual coverage applicable to this specific contract, including
any hold harmless and/or indemnification agreement.
c. Additional Insured. City is to be specifically included as an additional
insured.
d. Notice of Cancellation and/or Restriction. The policy must be
endorsed to provide City with ten (10) days' written notice of cancellation
and/or restriction.
3. Comprehensive Automobile Liability Coverage must be afforded on a form
no more restricted than the latest edition of the Comprehensive Automobile Liability Policy filed by
the Insurance Services Office and must include:
a. $ I ,OOO,OOO combined single limit per accident for bodily injury and
property damage.
b. Owned Vehicles.
c. Hired and Non-Owned Vehicles.
d. Employee Non-Ownership.
e. Additional Insured. City is to be specifically included as an additional insured.
Notice of Cancellation and/or Restriction. The policy must be endorsed to provide City with
ten ( I O) days' written notice of cancellation and/or restriction.
4. Professional Liability Coverage must include:
a. Minimum limits of $5,000.000 per occurrence and in the
aggregate for claims of malpractice, negligence, errors, and
omissions.
b. Notice of Cancellation and/or Restriction. The Policy must be
endorsed to provide City with ten (10) days' prior notice of cancellation
and/or restriction of coverage by changed exclusion.
B. Certificates of Insurance evidencing the insurance coverage specified in this Section
shall be filed with the City. The Certificates of Insurance shall be filed with the City before
this Agreement is deemed approved by the City. The required Certificates of Insurance not
Page 154 of 259
only shall name types of policies provided, but also shall refer specifically to this
Agreement. All the policies of insurance so required of Consultant, except professional
liability and workers' compensation insurance, shall be endorsed to include as additional
insured: the City, its officers. employees, and agents. If the initial insurance expires prior to
completion of the work, renewal Certificates of Insurance shall be furnished thirty (30) days
prior to the date of their expiration.
C. Insurance coverage shall be placed with insurers or self-insurance funds, satisfactory to the
City, licensed to do business in the State of Florida and with a resi dent agent designated for the
service of process. All insurers shall have an "A" policyholder's rating and a financial rating of at
least Class IX in accordance with the most current Best's rating. Consultant shall provide the City
with financial information concerning any self-insurance fund insuring Consultant. At the City's
option, a Best's rating or Self-insurance Fund financial information may be waived.
D. The City reserves the right to modify its insurance requirements with 60 days' notice to
Consultant.
SECTION 11: LICENSING. The Consultant shall obtain all permits and maintain at its expense all
professional and business certificates and licenses required by law and as necessary to perform
services under this Contract. If Consultant performs any work without obtaining, or contrary to.
permits and licenses, Consultant shall bear all costs arising therefrom. The.City may waive fees for
City controlled permits, but in no instance can the City waive permit requirements or fees beyond its
control.
SECTION 12: PERFORMANCE OF WORK/RESPONSIBILITIES. For each task, the
Consultant will be issued a task order by the City's Public Services Director or designee. The
Public Services Director or designee will issue verbal work orders only in emergency
situations. The Consultant shall commence work in a reasonable length of time and shall
complete the work in an expeditious manner. In emergency situations, the Consultant shall
endeavor to commence work immediately. All work shall be done under the supervision of
the City's Public Services Director or designated representative. The performance of work and
responsibilities hereto are outlined and made a part hereof in the Task Order attached.
SECTION 13: TERMINATION FOR DEFAULT. The Contract will remain in force for the
full period specified and until the City's Public Services Director or his designee determines
that all requirements and conditions have been satisfactorily met and the City's Public Services
Director or his designee has accepted the work under the Contract Documents following the
initial contract terms and all subsequent contract terms, including warranty and guarantee
periods. However, the City's Public Services Director will have the right to terminate this
Contract sooner if the Consultant has failed to perform satisfactorily the work required or
comply with the other requirements of the Contract.
In the event the City's Public Services Director decides to terminate this Contract for the
Consultant's failure to perform satisfactorily or meet its other responsibilities under the
Contract, the City's Public Services Director will give the Consultant five (5) days' notice,
whereupon the Contract will terminate, unless during the notice period the Consultant cures
Page 155 of 259
the failure to perform or meets its other responsibilities under the Contract to the satisfaction
of the City's Public Services Director.
Upon Contract termination for the Consultant's failure to provide satisfactory contract
performance, the Consultant will be entitled to receive compensation for Contract service
satisfactorily performed by the Consultant and allocable to the Contract and accepted by the
City's Public Services Director or his designee prior to such termination. However, an
amount equal to all additional costs required to the expended by the City to complete the
work covered by the Contract, including costs of delay in completing the project, shall be
either subtracted from any amount due or amount charged to the Consultant in the event the
City's Public Services Director terminates the Contract.
Except as otherwise directed by the City's Public Services Director, in the case of termination
for default (in which event the Consultant may be entitled to cure. at the option of the City's
Public Services Director), the Consultant shall stop work on the date of receipt of the notice or
other date specified in the notice, place no further orders or subcontract for materials, services
or facilities except as are necessary for the completion of such portion of the work not
terminated, and terminate all contractor and subcontracts and settle all outstanding liabilities
and claims. In the event that any termination for default shall be found to be improper or invalid
by any court e/ competent jurisdiction, then such termination shall be deemed to be a
termination for convenience.
SECTION 14: TERMINATION FOR CONVENIENCE. The performance of work under
this Contract may be terminated by the City's Public Services Director in whole or in part
whenever the City's Public Services Director, in his discretion, determines that the
termination is in the City's best interest. Any such termination shall be effected by the City's
Public Services Director giving at least five (5) days' notice to the Consultant, specifying the
extent to which performance of the work under this Contract is terminated and the date upon
which termination becomes effective.
As to termination for convenience, after receipt of the date of termination, the Consultant
shall stop all work as specified in the notice; place no further orders or subcontract for
materials, services, or facilities except as are necessary for the completion of such portion of
the Work not terminated: immediately transfer all documentation and paperwork for
terminated work to the City; and terminate all contractors and subcontracts and settle all
outstanding liabilities and claims.
SECTION 15: GOVERNING LAW. The parties intend that this Contract and the relationship of
the parties shall be governed by the laws of the State of Florida. Venue for any action arising out of
this contract shall be in Okaloosa County, Florida, and nowhere else.
SECTION 16: ATTORNEY'S FEES. In any dispute relating to this Contract, each party
shall be responsible for their respective attorney's fees and costs.
SECTION 17: SUCCESSORS AND ASSIGNS. The City and Consultant bind themselves.
their partners, successors, assigns. and legal representatives to the other party to this
Page 156 of 259
Agreement and to the partners, successors, assigns, and legal representatives of such other
party with respect to all covenants of this Agreement. Neither the City nor Consultant shall
assign or transfer any interest in this Agreement without the written consent of the other.
SECTION 18: PUBLIC RECORDS.
Consultant shall comply with the requirements of Florida's Public Records law. In
accordance with Section 1 19.0701, Florida Statutes, Consultant shall:
a. Keep and maintain public records required by the public agency in order to perform the
service.
b. Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided under Florida's Public Records Law
or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of this contract if Consultant does not
transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of Consultant or keep and maintain public records required by the
public agency to perform the service. If Consultant transfers all public records to the public
agency upon completion of the contract, Consultant shall destroy any duplicate public
records that are exempt or confidential from public records disclosure requirements. If
Consultant keeps and maintains public records upon completion of this contract, the
Consultant shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the public agency. upon request from public
agency's custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
e. If Consultant has questions regarding the application of Chapter 119, Florida Statutes,
to Consultant's duty to provide public records relating to this Agreement, Consultant shall
contact the Custodian of Public Records at:
City Clerk, City of Crestview
198 North Wilson Street
P.O. Box 1209
Crestview, Florida 32536
(850) 682-1560 Extension
250
cityclerk@citvofcrestview.or
g
In the event the public agency must initiate litigation against Consultant in order to enforce
compliance with Chapter 1 19, Florida Statutes, or in the event of litigation filed against the public
Page 157 of 259
agency because Consultant failed to provide access to public records responsive to a public record
request, the public agency shall be entitled to recover all costs, including but not
limited to reasonable attorneys' fees, costs of suit, witness. fees, and expert witness fees
extended as part of said litigation and any subsequent appeals.
SECTION 19: EXTENT OF AGREEMENT.
A. This Agreement represents the entire and integrated agreement between the
City and Consultant and supersedes all prior negotiations. representations, or agreement,
either written or oral.
B. This Agreement may only be amended, supplemented, modified, changed, or
canceled by a duly executed written instrument.
C. This is a nonexclusive contract. The City has the right to enter into contracts
with other consultants for the providing of planning consulting services.
SECTION 20: INDEMNIFICATION OF THE CITY.
A. Consultant shall indemnify and hold the City. its officers and employees,
harmless from and against any losses, damages, costs, and liabilities, including attorney's
fees (including regulatory and appellate fees), or causes of action of whatsoever kind or
nature. including, but not limited to. bodily injury, sickness, disease or death, infringement
of copyright or patent. or injury to or destruction of property, which arise out of or are
related to or in any way connected with this Agreement, but only to the extent caused by
negligent act, error, or omission of Consultant, its agents, servants, or employees in the
performance of services under this Agreement.
B. The Consultant shall indemnify and hold harmless the City against all liens
and claims of mechanics and materialmen furnishing labor and materials arising out of the
performance of Consultant's professional services.
SECTION 21: INDEPENDENT CONTRACTOR. Neither the City nor any of its
employees shall have any control over the conduct of Consultant or any of Consultant's
employees. except as herein set forth, and Consultant expressly warrants not to represent at
any time or in any manner that Consultant or any of Consultant's agents, servants or
employees are in any manner agents, servants, or employees of the City. It is understood and
agreed that Consultant is, and shall at all times remain, as to the City, a wholly independent
contractor and that Consultant's obligations to the City are solely as prescribed by this
Agreement.
SECTION 22: CONSTRUCTION. The parties have participated jointly in the negotiation and
drafting of this Contract. In the event of an ambiguity or if a question of intent or interpretation arises,
this Contract shall be construed as if drafted jointly by the parties and no presumption or burden of
proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this
Contract.
SECTION 23: HEADINGS. The headings of sections are for convenient reference
only and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such
sections or subsections.
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SECTION 24: SEVERABILITY. If any section. subsection. term or provision of this
Contract or the application thereof to any party or circumstance shall, to any extent, be invalid
or unenforceable, the remainder of said section, subsection, term or provision of this Contract
or the application of same to parties or circumstances other than those to which it was held
invalid or unenforceable, shall not be affected and thereby each remaining section, subsection,
term or provision of this Contract shall be valid or enforceable to the fullest extent permitted
by law.
SECTION 25: SOVEREIGN IMMUNITY. The parties further agree. nothing
contained herein is intended nor shall be construed to waiver the City of Crestview's rights
and immunities under the Florida Constitution, common law, or Florida Statutes 768.28, as
amended from time to time.
SECTION 26: NOTICES. All notices under the Contract shall be in writing and shall be
effective when mailed by certified mail, return receipt requested, or when delivered personally, as
provided hereafter. or to such other addresses as may be designated by notice.
Page 159 of 259
IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the day
and year first written above.
CITY OF CRESTVIEW. FLORIDA
ATTEST:
Maryanne Schrader JB Whitten
Citv Clerk Mayor
Date:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Jon Holloway
City Attorney
By: _____________________________________
Date: ____________________________________
STATE OF FLORIDA
COUNTY OF OKALOOSA
Acknowledged and subscribed before me the undersigned notary on
_________, 2022 by ________________________ the ___________________(insert title) of
____________________, with legal corporate authority, and who is known to me or has production
identification of: _____________________
_____________________________
Notary Public
Page 160 of 259
City of Crestview, Florida
PROFESSIONAL PLANNING
CONTINUING SERVICES CONTRACT
THIS AGREEMENT is made this_____ day of __________, 2022, between CITY OF
CRESTVIEW, FLORIDA, a municipal corporation, whose address is P.O. Drawer 1209,
Crestview, Florida 32536, the "City", and Panhandle Engineering & Construction,
("Consultant") whose address is 4277 Lafayette Street, Marianna, FL 32446.
WHEREAS, the City desires to engage Consultant to provide professional planning
services on an as-needed basis; and
WHEREAS, Consultant desires to render professional planning services as
described in the Scope of Services, and has the qualifications, experience, staff, and
resources to perform those services; and
WHEREAS, the City, through a selection process conducted in accordance with the
requirements of Florida law and City policy, has determined that it would be in the best
interest of the City to award a contract to Consultant for the rendering of those services
described in the Scope of Services.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereto agree as follows:
SECTION 1: EMPLOYMENT OF CONSULTANT. The City hereby agrees to engage
Consultant and Consultant hereby agrees to perform the services set forth in the Scope of
Services.
SECTION 2: SCOPE OF SERVICES. Consultant shall provide, on an as-needed basis, the
professional planning services in accordance with the Scope of Services outlined in the
original agreement dated May 3, 2021. Services will be awarded on a project-by-project
basis that may include any or all of the services listed in Exhibit A of the original agreement,
or services not specifically mentioned but directly related to the specific discipline of the
Consultant. There is no guarantee of any minimum volume of work during the contract
period, and the City reserves the right to award work based on factors determined to be in the
best interest of the City. Consultant may hire sub-consultants to be used for portions of the
required services; however, the primary Consultant must be responsible for all the work
performed. The contract amount for services on any single project or task order will not
Page 161 of 259
exceed the limit set forth by current Florida Statute. Assignments are to be carried out only
after a description of the work to be accomplished has been agreed-to in writing, a written
estimate of the cost for the assignment has been found acceptable to the City, and a written
task order has been issued by the City.
SECTION 3: THE CITY'S RESPONSIBILITY. Except as provided in the scope of
Services, the City's responsibilities are as follows:
To provide, within a reasonable time from the request of Consultant, existing data, plans,
reports, and other information in the City's possession or under the City's control which are
necessary for the performance of the duties of Consultant as described in the Scope of
Services; and to provide full information regarding requirements of the Scope of Services,
including objectives, budget constraints, criteria, and other requirements that exist at the
time of signing of this Agreement or which may develop during the performance of this
Agreement.
B. To give prompt written notice to Consultant if the City observes or otherwise
becomes aware of any fault or defect in the Scope of Services or non-conformance with the
documents which comprise this Agreement.
c. To furnish required information and services and render approvals and decisions as
necessary for the orderly progress of the Consultant's services.
D. The City hereby designates the Director of Public Services or his designee to act on
the City's behalf with respect to the Scope of Services. The Director of Public Services or
his designee shall have complete authority to transmit instructions, receive information, and
interpret and define City's policies and decisions with respect to materials, elements, and
systems pertinent to Consultant's services.
SECTION 4: CONTRACT TIME.
A. The term of this contract shall be for ONE (1) year beginning on the date of its complete
execution, with option to renew for FOUR (4) additional terms of ONE (1) year at the sole discretion
of the City, unless earlier terminated by the Crestview City Council.
B. Consultant agrees to commence work in accordance with the time specified in each
task order and complete the work within the time specified in the task order. The Consultant
shall work on each task order continuously and expeditiously from the time the task order is
issued. In the event that Consultant is delayed by acts of God. changes in the Project, extras
to the task order, or failure of the City to make timely and proper payments, then Consultant
shall, within forty-eight (48) hours of start of the delay, give written notice and request for
an extension of time from the City.
c. If Consultant fails, through its own fault, to complete the performance required in a
task order within the time set forth, as duly adjusted, then City shall be entitled, as its sole
remedy, to the recovery of direct damages, if any, resulting from such failure.
Page 162 of 259
D. No Damages for Delay/Cumulative Impact; Consultant shall not be entitled to any recovery
for loss, expense, or damage due to delay. The Consultant shall not be entitled to any recovery for
loss, expense, or damage as a result of cumulative impact due to change orders.
SECTION 5: COMPENSATION. Compensation for the scope of Services performed
by the Consultant shall be payable as follows:
A. The compensation basis shall be as set forth in the approved written task order for each
assignment.
B. Compensation for travel expenses shall be as set forth in Section 1 12.061 Florida Statutes.
c. Consultant shall prepare and submit to the City Council for approval monthly invoices for the
services rendered under this Agreement. Invoices for services shall be paid in accordance with the
Florida Prompt Payment Act. All invoices shall be accompanied by a report identifying the nature
and progress of the work performed. The statement shall show a summary of fees with an accrual of
the total fees billed and credits for portions paid previously. The City reserves the right to withhold
payment to Consultant for failure to perform the work in accordance with the provisions of this
Agreement, and the City shall promptly notify Consultant if any invoice or report is found to be
unacceptable and shall specify the reasons therefor.
D. All representations, indemnifications, warranties, and guaranties made in, required by, or
given in accordance with this Agreement, as well as all continuing obligations indicated in
this Agreement, will survive final payment and termination or completion of this Agreement.
SECTION 6: DOCUMENTS. The documents which comprise this Agreement
between the City and the Consultant are attached hereto and made a part hereof and consist
of the following:
A. This Agreement.
B. Any written amendments, modifications, or Addenda to this Agreement.
C. Any task order and attachments thereto issued pursuant to this Agreement.
D. Notice of Award issued by City of Crestview.
E. City of Crestview Request for Proposal (RFP) for Professional Planning Services, including
any Addenda thereto.
F. Items submitted by Consultant in response to the RFP.
Copies of the RFP and submitted proposal are maintained and available in the office of the
City Clerk of the City of Crestview.
In the event of a conflict between any documents comprising this Agreement, the documents
shall be construed in the following order of priority: l ) the terms of this Agreement; 2) the
provisions of the Request for Proposal; and 3) the Consultant's submittal provided in response
to the City's Request for Proposal.
Page 163 of 259
SECTION 7: GENERAL CONSIDERATIONS.
A. Ownership and Use of Documents; The documents prepared by the Consultant
pursuant to this Agreement are instruments of the Consultant's service for use
solely with respect to this Agreement. All reports. documents and materials
prepared relating to services rendered hereunder shall be the property of the City,
provided payment for applicable fees for their production has been made to the
Consultant in accordance with the terms of this Agreement. The City shall retain
and use the Consultant's documents for public record, information and reference
and make use in connection with the City's compliance with any federal, state,
county or city laws, codes, requirements, permits or any other mandate
whatsoever.
B. Equal Opportunity Employment: In connection with the work to be performed under this
Agreement, Consultant agrees to comply with the applicable provisions of State and
Federal Equal Employment Opportunity statutes and regulations.
C. Standard of Performance; Consultant shall perform and complete the Scope of Services
in a timely manner and in accordance with the standard of care, skill, and diligence
customarily provided by an experienced professional in his or her field of expertise when
rendering the same services, and in accordance with sound principles and practices
generally acknowledged by professionals in his or her field of expertise.
SECTION 8: DISCLOSURE REGARDING SECURING CONTRACT. Consultant
warrants that it has not employed or retained any company or person, other than a bona fide
employee, working solely for Consultant, to solicit or secure this Agreement and that
Consultant has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for Consultant. any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or
making of this Agreement.
For the breach or violation of this provision, the City shall have the right to terminate this
Agreement without liability. and, at its discretion, to deduct from the contract price, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
SECTION 9: TRUTH-IN-NEGOTIATIONS/PUBLIC ENTITY CRIMES AFFIDAVIT.
Consultant certifies that wage rates and other factual unit costs supporting the compensation
submitted are accurate, complete, and current at the time of contracting. The original
contract price and any additions thereto shall be adjusted to exclude any significant sums by
which the City determines the contract price was increased due to inaccurate, incomplete, or
non-current wage rates and other factual unit costs. Consultant represents that it has
furnished a Public Entity Crimes Affidavit pursuant to Section 287.133, Florida Statutes, to
the City.
SECTION 10: INSURANCE.
A. The Consultant shall purchase and maintain such commercial (occurrence form)
or comprehensive general liability, professional liability, workers compensation, and other
Page 164 of 259
insurance as is appropriate for the services being performed hereunder by Consultant, its
employees or agents. The amounts and types of insurance shall conform to the following
minimum requirements:
Worker's Compensation Coverage must apply for all employees and
statutory limits in compliance with the applicable state and federal laws. In addition, the
policy must include the following:
a. Employer's Liability with a minimum limit per accident in accordance
with statutory requirements.
b. Notice of Cancellation and/or Restriction. The policy must be
endorsed to provide City with ten (10) days' written notice of cancellation
and/or restriction.
2. Comprehensive General Liability Coverage must include:
a. $1,000,000 combined limit per occurrence for bodily injury, personal
injury, and property damage.
b. Contractual coverage applicable to this specific contract, including
any hold harmless and/or indemnification agreement.
c. Additional Insured. City is to be specifically included as an additional
insured.
d. Notice of Cancellation and/or Restriction. The policy must be
endorsed to provide City with ten (10) days' written notice of cancellation
and/or restriction.
3. Comprehensive Automobile Liability Coverage must be afforded on a form
no more restricted than the latest edition of the Comprehensive Automobile Liability Policy filed by
the Insurance Services Office and must include:
a. $ I ,OOO,OOO combined single limit per accident for bodily injury and
property damage.
b. Owned Vehicles.
c. Hired and Non-Owned Vehicles.
d. Employee Non-Ownership.
e. Additional Insured. City is to be specifically included as an additional insured.
Notice of Cancellation and/or Restriction. The policy must be endorsed to provide City with
ten ( I O) days' written notice of cancellation and/or restriction.
4. Professional Liability Coverage must include:
a. Minimum limits of $5,000.000 per occurrence and in the
aggregate for claims of malpractice, negligence, errors, and
omissions.
b. Notice of Cancellation and/or Restriction. The Policy must be
endorsed to provide City with ten (10) days' prior notice of cancellation
and/or restriction of coverage by changed exclusion.
B. Certificates of Insurance evidencing the insurance coverage specified in this Section
shall be filed with the City. The Certificates of Insurance shall be filed with the City before
this Agreement is deemed approved by the City. The required Certificates of Insurance not
Page 165 of 259
only shall name types of policies provided, but also shall refer specifically to this
Agreement. All the policies of insurance so required of Consultant, except professional
liability and workers' compensation insurance, shall be endorsed to include as additional
insured: the City, its officers. employees, and agents. If the initial insurance expires prior to
completion of the work, renewal Certificates of Insurance shall be furnished thirty (30) days
prior to the date of their expiration.
C. Insurance coverage shall be placed with insurers or self-insurance funds, satisfactory to the
City, licensed to do business in the State of Florida and with a resi dent agent designated for the
service of process. All insurers shall have an "A" policyholder's rating and a financial rating of at
least Class IX in accordance with the most current Best's rating. Consultant shall provide the City
with financial information concerning any self-insurance fund insuring Consultant. At the City's
option, a Best's rating or Self-insurance Fund financial information may be waived.
D. The City reserves the right to modify its insurance requirements with 60 days' notice to
Consultant.
SECTION 11: LICENSING. The Consultant shall obtain all permits and maintain at its expense all
professional and business certificates and licenses required by law and as necessary to perform
services under this Contract. If Consultant performs any work without obtaining, or contrary to.
permits and licenses, Consultant shall bear all costs arising therefrom. The.City may waive fees for
City controlled permits, but in no instance can the City waive permit requirements or fees beyond its
control.
SECTION 12: PERFORMANCE OF WORK/RESPONSIBILITIES. For each task, the
Consultant will be issued a task order by the City's Public Services Director or designee. The
Public Services Director or designee will issue verbal work orders only in emergency
situations. The Consultant shall commence work in a reasonable length of time and shall
complete the work in an expeditious manner. In emergency situations, the Consultant shall
endeavor to commence work immediately. All work shall be done under the supervision of
the City's Public Services Director or designated representative. The performance of work and
responsibilities hereto are outlined and made a part hereof in the Task Order attached.
SECTION 13: TERMINATION FOR DEFAULT. The Contract will remain in force for the
full period specified and until the City's Public Services Director or his designee determines
that all requirements and conditions have been satisfactorily met and the City's Public Services
Director or his designee has accepted the work under the Contract Documents following the
initial contract terms and all subsequent contract terms, including warranty and guarantee
periods. However, the City's Public Services Director will have the right to terminate this
Contract sooner if the Consultant has failed to perform satisfactorily the work required or
comply with the other requirements of the Contract.
In the event the City's Public Services Director decides to terminate this Contract for the
Consultant's failure to perform satisfactorily or meet its other responsibilities under the
Contract, the City's Public Services Director will give the Consultant five (5) days' notice,
whereupon the Contract will terminate, unless during the notice period the Consultant cures
Page 166 of 259
the failure to perform or meets its other responsibilities under the Contract to the satisfaction
of the City's Public Services Director.
Upon Contract termination for the Consultant's failure to provide satisfactory contract
performance, the Consultant will be entitled to receive compensation for Contract service
satisfactorily performed by the Consultant and allocable to the Contract and accepted by the
City's Public Services Director or his designee prior to such termination. However, an
amount equal to all additional costs required to the expended by the City to complete the
work covered by the Contract, including costs of delay in completing the project, shall be
either subtracted from any amount due or amount charged to the Consultant in the event the
City's Public Services Director terminates the Contract.
Except as otherwise directed by the City's Public Services Director, in the case of termination
for default (in which event the Consultant may be entitled to cure. at the option of the City's
Public Services Director), the Consultant shall stop work on the date of receipt of the notice or
other date specified in the notice, place no further orders or subcontract for materials, services
or facilities except as are necessary for the completion of such portion of the work not
terminated, and terminate all contractor and subcontracts and settle all outstanding liabilities
and claims. In the event that any termination for default shall be found to be improper or invalid
by any court e/ competent jurisdiction, then such termination shall be deemed to be a
termination for convenience.
SECTION 14: TERMINATION FOR CONVENIENCE. The performance of work under
this Contract may be terminated by the City's Public Services Director in whole or in part
whenever the City's Public Services Director, in his discretion, determines that the
termination is in the City's best interest. Any such termination shall be effected by the City's
Public Services Director giving at least five (5) days' notice to the Consultant, specifying the
extent to which performance of the work under this Contract is terminated and the date upon
which termination becomes effective.
As to termination for convenience, after receipt of the date of termination, the Consultant
shall stop all work as specified in the notice; place no further orders or subcontract for
materials, services, or facilities except as are necessary for the completion of such portion of
the Work not terminated: immediately transfer all documentation and paperwork for
terminated work to the City; and terminate all contractors and subcontracts and settle all
outstanding liabilities and claims.
SECTION 15: GOVERNING LAW. The parties intend that this Contract and the relationship of
the parties shall be governed by the laws of the State of Florida. Venue for any action arising out of
this contract shall be in Okaloosa County, Florida, and nowhere else.
SECTION 16: ATTORNEY'S FEES. In any dispute relating to this Contract, each party
shall be responsible for their respective attorney's fees and costs.
SECTION 17: SUCCESSORS AND ASSIGNS. The City and Consultant bind themselves.
their partners, successors, assigns. and legal representatives to the other party to this
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Agreement and to the partners, successors, assigns, and legal representatives of such other
party with respect to all covenants of this Agreement. Neither the City nor Consultant shall
assign or transfer any interest in this Agreement without the written consent of the other.
SECTION 18: PUBLIC RECORDS.
Consultant shall comply with the requirements of Florida's Public Records law. In
accordance with Section 1 19.0701, Florida Statutes, Consultant shall:
a. Keep and maintain public records required by the public agency in order to perform the
service.
b. Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided under Florida's Public Records Law
or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of this contract if Consultant does not
transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of Consultant or keep and maintain public records required by the
public agency to perform the service. If Consultant transfers all public records to the public
agency upon completion of the contract, Consultant shall destroy any duplicate public
records that are exempt or confidential from public records disclosure requirements. If
Consultant keeps and maintains public records upon completion of this contract, the
Consultant shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the public agency. upon request from public
agency's custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
e. If Consultant has questions regarding the application of Chapter 119, Florida Statutes,
to Consultant's duty to provide public records relating to this Agreement, Consultant shall
contact the Custodian of Public Records at:
City Clerk, City of Crestview
198 North Wilson Street
P.O. Box 1209
Crestview, Florida 32536
(850) 682-1560 Extension
250
cityclerk@citvofcrestview.or
g
In the event the public agency must initiate litigation against Consultant in order to enforce
compliance with Chapter 1 19, Florida Statutes, or in the event of litigation filed against the public
Page 168 of 259
agency because Consultant failed to provide access to public records responsive to a public record
request, the public agency shall be entitled to recover all costs, including but not
limited to reasonable attorneys' fees, costs of suit, witness. fees, and expert witness fees
extended as part of said litigation and any subsequent appeals.
SECTION 19: EXTENT OF AGREEMENT.
A. This Agreement represents the entire and integrated agreement between the
City and Consultant and supersedes all prior negotiations. representations, or agreement,
either written or oral.
B. This Agreement may only be amended, supplemented, modified, changed, or
canceled by a duly executed written instrument.
C. This is a nonexclusive contract. The City has the right to enter into contracts
with other consultants for the providing of planning consulting services.
SECTION 20: INDEMNIFICATION OF THE CITY.
A. Consultant shall indemnify and hold the City. its officers and employees,
harmless from and against any losses, damages, costs, and liabilities, including attorney's
fees (including regulatory and appellate fees), or causes of action of whatsoever kind or
nature. including, but not limited to. bodily injury, sickness, disease or death, infringement
of copyright or patent. or injury to or destruction of property, which arise out of or are
related to or in any way connected with this Agreement, but only to the extent caused by
negligent act, error, or omission of Consultant, its agents, servants, or employees in the
performance of services under this Agreement.
B. The Consultant shall indemnify and hold harmless the City against all liens
and claims of mechanics and materialmen furnishing labor and materials arising out of the
performance of Consultant's professional services.
SECTION 21: INDEPENDENT CONTRACTOR. Neither the City nor any of its
employees shall have any control over the conduct of Consultant or any of Consultant's
employees. except as herein set forth, and Consultant expressly warrants not to represent at
any time or in any manner that Consultant or any of Consultant's agents, servants or
employees are in any manner agents, servants, or employees of the City. It is understood and
agreed that Consultant is, and shall at all times remain, as to the City, a wholly independent
contractor and that Consultant's obligations to the City are solely as prescribed by this
Agreement.
SECTION 22: CONSTRUCTION. The parties have participated jointly in the negotiation and
drafting of this Contract. In the event of an ambiguity or if a question of intent or interpretation arises,
this Contract shall be construed as if drafted jointly by the parties and no presumption or burden of
proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this
Contract.
SECTION 23: HEADINGS. The headings of sections are for convenient reference
only and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such
sections or subsections.
Page 169 of 259
SECTION 24: SEVERABILITY. If any section. subsection. term or provision of this
Contract or the application thereof to any party or circumstance shall, to any extent, be invalid
or unenforceable, the remainder of said section, subsection, term or provision of this Contract
or the application of same to parties or circumstances other than those to which it was held
invalid or unenforceable, shall not be affected and thereby each remaining section, subsection,
term or provision of this Contract shall be valid or enforceable to the fullest extent permitted
by law.
SECTION 25: SOVEREIGN IMMUNITY. The parties further agree. nothing
contained herein is intended nor shall be construed to waiver the City of Crestview's rights
and immunities under the Florida Constitution, common law, or Florida Statutes 768.28, as
amended from time to time.
SECTION 26: NOTICES. All notices under the Contract shall be in writing and shall be
effective when mailed by certified mail, return receipt requested, or when delivered personally, as
provided hereafter. or to such other addresses as may be designated by notice.
Page 170 of 259
IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the day
and year first written above.
CITY OF CRESTVIEW. FLORIDA
ATTEST:
Maryanne Schrader JB Whitten
Citv Clerk Mayor
Date:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Jon Holloway
City Attorney
By: _____________________________________
Date: ____________________________________
STATE OF FLORIDA
COUNTY OF OKALOOSA
Acknowledged and subscribed before me the undersigned notary on
_________, 2022 by ________________________ the ___________________(insert title) of
____________________, with legal corporate authority, and who is known to me or has production
identification of: _____________________
_____________________________
Notary Public
Page 171 of 259
City of Crestview, Florida
PROFESSIONAL PLANNING
CONTINUING SERVICES CONTRACT
THIS AGREEMENT is made this_____ day of __________, 2022, between CITY OF
CRESTVIEW, FLORIDA, a municipal corporation, whose address is P.O. Drawer 1209,
Crestview, Florida 32536, the "City", and Alday Howell Engineering, ("Consultant") whose
address is 4100 S Ferdon Blvd Suite B2, Crestview, FL 32536
WHEREAS, the City desires to engage Consultant to provide professional planning
services on an as-needed basis; and
WHEREAS, Consultant desires to render professional planning services as
described in the Scope of Services, and has the qualifications, experience, staff, and
resources to perform those services; and
WHEREAS, the City, through a selection process conducted in accordance with the
requirements of Florida law and City policy, has determined that it would be in the best
interest of the City to award a contract to Consultant for the rendering of those services
described in the Scope of Services.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereto agree as follows:
SECTION 1: EMPLOYMENT OF CONSULTANT. The City hereby agrees to engage
Consultant and Consultant hereby agrees to perform the services set forth in the Scope of
Services.
SECTION 2: SCOPE OF SERVICES. Consultant shall provide, on an as-needed basis, the
professional planning services in accordance with the Scope of Services outlined in the
original agreement dated May 3, 2021. Services will be awarded on a project-by-project
basis that may include any or all of the services listed in Exhibit A of the original agreement,
or services not specifically mentioned but directly related to the specific discipline of the
Consultant. There is no guarantee of any minimum volume of work during the contract
period, and the City reserves the right to award work based on factors determined to be in the
best interest of the City. Consultant may hire sub-consultants to be used for portions of the
required services; however, the primary Consultant must be responsible for all the work
performed. The contract amount for services on any single project or task order will not
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exceed the limit set forth by current Florida Statute. Assignments are to be carried out only
after a description of the work to be accomplished has been agreed-to in writing, a written
estimate of the cost for the assignment has been found acceptable to the City, and a written
task order has been issued by the City.
SECTION 3: THE CITY'S RESPONSIBILITY. Except as provided in the scope of
Services, the City's responsibilities are as follows:
To provide, within a reasonable time from the request of Consultant, existing data, plans,
reports, and other information in the City's possession or under the City's control which are
necessary for the performance of the duties of Consultant as described in the Scope of
Services; and to provide full information regarding requirements of the Scope of Services,
including objectives, budget constraints, criteria, and other requirements that exist at the
time of signing of this Agreement or which may develop during the performance of this
Agreement.
B. To give prompt written notice to Consultant if the City observes or otherwise
becomes aware of any fault or defect in the Scope of Services or non-conformance with the
documents which comprise this Agreement.
c. To furnish required information and services and render approvals and decisions as
necessary for the orderly progress of the Consultant's services.
D. The City hereby designates the Director of Public Services or his designee to act on
the City's behalf with respect to the Scope of Services. The Director of Public Services or
his designee shall have complete authority to transmit instructions, receive information, and
interpret and define City's policies and decisions with respect to materials, elements, and
systems pertinent to Consultant's services.
SECTION 4: CONTRACT TIME.
A. The term of this contract shall be for ONE (1) year beginning on the date of its complete
execution, with option to renew for FOUR (4) additional terms of ONE (1) year at the sole discretion
of the City, unless earlier terminated by the Crestview City Council.
B. Consultant agrees to commence work in accordance with the time specified in each
task order and complete the work within the time specified in the task order. The Consultant
shall work on each task order continuously and expeditiously from the time the task order is
issued. In the event that Consultant is delayed by acts of God. changes in the Project, extras
to the task order, or failure of the City to make timely and proper payments, then Consultant
shall, within forty-eight (48) hours of start of the delay, give written notice and request for
an extension of time from the City.
c. If Consultant fails, through its own fault, to complete the performance required in a
task order within the time set forth, as duly adjusted, then City shall be entitled, as its sole
remedy, to the recovery of direct damages, if any, resulting from such failure.
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D. No Damages for Delay/Cumulative Impact; Consultant shall not be entitled to any recovery
for loss, expense, or damage due to delay. The Consultant shall not be entitled to any recovery for
loss, expense, or damage as a result of cumulative impact due to change orders.
SECTION 5: COMPENSATION. Compensation for the scope of Services performed
by the Consultant shall be payable as follows:
A. The compensation basis shall be as set forth in the approved written task order for each
assignment.
B. Compensation for travel expenses shall be as set forth in Section 1 12.061 Florida Statutes.
c. Consultant shall prepare and submit to the City Council for approval monthly invoices for the
services rendered under this Agreement. Invoices for services shall be paid in accordance with the
Florida Prompt Payment Act. All invoices shall be accompanied by a report identifying the nature
and progress of the work performed. The statement shall show a summary of fees with an accrual of
the total fees billed and credits for portions paid previously. The City reserves the right to withhold
payment to Consultant for failure to perform the work in accordance with the provisions of this
Agreement, and the City shall promptly notify Consultant if any invoice or report is found to be
unacceptable and shall specify the reasons therefor.
D. All representations, indemnifications, warranties, and guaranties made in, required by, or
given in accordance with this Agreement, as well as all continuing obligations indicated in
this Agreement, will survive final payment and termination or completion of this Agreement.
SECTION 6: DOCUMENTS. The documents which comprise this Agreement
between the City and the Consultant are attached hereto and made a part hereof and consist
of the following:
A. This Agreement.
B. Any written amendments, modifications, or Addenda to this Agreement.
C. Any task order and attachments thereto issued pursuant to this Agreement.
D. Notice of Award issued by City of Crestview.
E. City of Crestview Request for Proposal (RFP) for Professional Planning Services, including
any Addenda thereto.
F. Items submitted by Consultant in response to the RFP.
Copies of the RFP and submitted proposal are maintained and available in the office of the
City Clerk of the City of Crestview.
In the event of a conflict between any documents comprising this Agreement, the documents
shall be construed in the following order of priority: l ) the terms of this Agreement; 2) the
provisions of the Request for Proposal; and 3) the Consultant's submittal provided in response
to the City's Request for Proposal.
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SECTION 7: GENERAL CONSIDERATIONS.
A. Ownership and Use of Documents; The documents prepared by the Consultant
pursuant to this Agreement are instruments of the Consultant's service for use
solely with respect to this Agreement. All reports. documents and materials
prepared relating to services rendered hereunder shall be the property of the City,
provided payment for applicable fees for their production has been made to the
Consultant in accordance with the terms of this Agreement. The City shall retain
and use the Consultant's documents for public record, information and reference
and make use in connection with the City's compliance with any federal, state,
county or city laws, codes, requirements, permits or any other mandate
whatsoever.
B. Equal Opportunity Employment: In connection with the work to be performed under this
Agreement, Consultant agrees to comply with the applicable provisions of State and
Federal Equal Employment Opportunity statutes and regulations.
C. Standard of Performance; Consultant shall perform and complete the Scope of Services
in a timely manner and in accordance with the standard of care, skill, and diligence
customarily provided by an experienced professional in his or her field of expertise when
rendering the same services, and in accordance with sound principles and practices
generally acknowledged by professionals in his or her field of expertise.
SECTION 8: DISCLOSURE REGARDING SECURING CONTRACT. Consultant
warrants that it has not employed or retained any company or person, other than a bona fide
employee, working solely for Consultant, to solicit or secure this Agreement and that
Consultant has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for Consultant. any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or
making of this Agreement.
For the breach or violation of this provision, the City shall have the right to terminate this
Agreement without liability. and, at its discretion, to deduct from the contract price, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
SECTION 9: TRUTH-IN-NEGOTIATIONS/PUBLIC ENTITY CRIMES AFFIDAVIT.
Consultant certifies that wage rates and other factual unit costs supporting the compensation
submitted are accurate, complete, and current at the time of contracting. The original
contract price and any additions thereto shall be adjusted to exclude any significant sums by
which the City determines the contract price was increased due to inaccurate, incomplete, or
non-current wage rates and other factual unit costs. Consultant represents that it has
furnished a Public Entity Crimes Affidavit pursuant to Section 287.133, Florida Statutes, to
the City.
SECTION 10: INSURANCE.
A. The Consultant shall purchase and maintain such commercial (occurrence form)
or comprehensive general liability, professional liability, workers compensation, and other
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insurance as is appropriate for the services being performed hereunder by Consultant, its
employees or agents. The amounts and types of insurance shall conform to the following
minimum requirements:
Worker's Compensation Coverage must apply for all employees and
statutory limits in compliance with the applicable state and federal laws. In addition, the
policy must include the following:
a. Employer's Liability with a minimum limit per accident in accordance
with statutory requirements.
b. Notice of Cancellation and/or Restriction. The policy must be
endorsed to provide City with ten (10) days' written notice of cancellation
and/or restriction.
2. Comprehensive General Liability Coverage must include:
a. $1,000,000 combined limit per occurrence for bodily injury, personal
injury, and property damage.
b. Contractual coverage applicable to this specific contract, including
any hold harmless and/or indemnification agreement.
c. Additional Insured. City is to be specifically included as an additional
insured.
d. Notice of Cancellation and/or Restriction. The policy must be
endorsed to provide City with ten (10) days' written notice of cancellation
and/or restriction.
3. Comprehensive Automobile Liability Coverage must be afforded on a form
no more restricted than the latest edition of the Comprehensive Automobile Liability Policy filed by
the Insurance Services Office and must include:
a. $ I ,OOO,OOO combined single limit per accident for bodily injury and
property damage.
b. Owned Vehicles.
c. Hired and Non-Owned Vehicles.
d. Employee Non-Ownership.
e. Additional Insured. City is to be specifically included as an additional insured.
Notice of Cancellation and/or Restriction. The policy must be endorsed to provide City with
ten ( I O) days' written notice of cancellation and/or restriction.
4. Professional Liability Coverage must include:
a. Minimum limits of $5,000.000 per occurrence and in the
aggregate for claims of malpractice, negligence, errors, and
omissions.
b. Notice of Cancellation and/or Restriction. The Policy must be
endorsed to provide City with ten (10) days' prior notice of cancellation
and/or restriction of coverage by changed exclusion.
B. Certificates of Insurance evidencing the insurance coverage specified in this Section
shall be filed with the City. The Certificates of Insurance shall be filed with the City before
this Agreement is deemed approved by the City. The required Certificates of Insurance not
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only shall name types of policies provided, but also shall refer specifically to this
Agreement. All the policies of insurance so required of Consultant, except professional
liability and workers' compensation insurance, shall be endorsed to include as additional
insured: the City, its officers. employees, and agents. If the initial insurance expires prior to
completion of the work, renewal Certificates of Insurance shall be furnished thirty (30) days
prior to the date of their expiration.
C. Insurance coverage shall be placed with insurers or self-insurance funds, satisfactory to the
City, licensed to do business in the State of Florida and with a resi dent agent designated for the
service of process. All insurers shall have an "A" policyholder's rating and a financial rating of at
least Class IX in accordance with the most current Best's rating. Consultant shall provide the City
with financial information concerning any self-insurance fund insuring Consultant. At the City's
option, a Best's rating or Self-insurance Fund financial information may be waived.
D. The City reserves the right to modify its insurance requirements with 60 days' notice to
Consultant.
SECTION 11: LICENSING. The Consultant shall obtain all permits and maintain at its expense all
professional and business certificates and licenses required by law and as necessary to perform
services under this Contract. If Consultant performs any work without obtaining, or contrary to.
permits and licenses, Consultant shall bear all costs arising therefrom. The.City may waive fees for
City controlled permits, but in no instance can the City waive permit requirements or fees beyond its
control.
SECTION 12: PERFORMANCE OF WORK/RESPONSIBILITIES. For each task, the
Consultant will be issued a task order by the City's Public Services Director or designee. The
Public Services Director or designee will issue verbal work orders only in emergency
situations. The Consultant shall commence work in a reasonable length of time and shall
complete the work in an expeditious manner. In emergency situations, the Consultant shall
endeavor to commence work immediately. All work shall be done under the supervision of
the City's Public Services Director or designated representative. The performance of work and
responsibilities hereto are outlined and made a part hereof in the Task Order attached.
SECTION 13: TERMINATION FOR DEFAULT. The Contract will remain in force for the
full period specified and until the City's Public Services Director or his designee determines
that all requirements and conditions have been satisfactorily met and the City's Public Services
Director or his designee has accepted the work under the Contract Documents following the
initial contract terms and all subsequent contract terms, including warranty and guarantee
periods. However, the City's Public Services Director will have the right to terminate this
Contract sooner if the Consultant has failed to perform satisfactorily the work required or
comply with the other requirements of the Contract.
In the event the City's Public Services Director decides to terminate this Contract for the
Consultant's failure to perform satisfactorily or meet its other responsibilities under the
Contract, the City's Public Services Director will give the Consultant five (5) days' notice,
whereupon the Contract will terminate, unless during the notice period the Consultant cures
Page 177 of 259
the failure to perform or meets its other responsibilities under the Contract to the satisfaction
of the City's Public Services Director.
Upon Contract termination for the Consultant's failure to provide satisfactory contract
performance, the Consultant will be entitled to receive compensation for Contract service
satisfactorily performed by the Consultant and allocable to the Contract and accepted by the
City's Public Services Director or his designee prior to such termination. However, an
amount equal to all additional costs required to the expended by the City to complete the
work covered by the Contract, including costs of delay in completing the project, shall be
either subtracted from any amount due or amount charged to the Consultant in the event the
City's Public Services Director terminates the Contract.
Except as otherwise directed by the City's Public Services Director, in the case of termination
for default (in which event the Consultant may be entitled to cure. at the option of the City's
Public Services Director), the Consultant shall stop work on the date of receipt of the notice or
other date specified in the notice, place no further orders or subcontract for materials, services
or facilities except as are necessary for the completion of such portion of the work not
terminated, and terminate all contractor and subcontracts and settle all outstanding liabilities
and claims. In the event that any termination for default shall be found to be improper or invalid
by any court e/ competent jurisdiction, then such termination shall be deemed to be a
termination for convenience.
SECTION 14: TERMINATION FOR CONVENIENCE. The performance of work under
this Contract may be terminated by the City's Public Services Director in whole or in part
whenever the City's Public Services Director, in his discretion, determines that the
termination is in the City's best interest. Any such termination shall be effected by the City's
Public Services Director giving at least five (5) days' notice to the Consultant, specifying the
extent to which performance of the work under this Contract is terminated and the date upon
which termination becomes effective.
As to termination for convenience, after receipt of the date of termination, the Consultant
shall stop all work as specified in the notice; place no further orders or subcontract for
materials, services, or facilities except as are necessary for the completion of such portion of
the Work not terminated: immediately transfer all documentation and paperwork for
terminated work to the City; and terminate all contractors and subcontracts and settle all
outstanding liabilities and claims.
SECTION 15: GOVERNING LAW. The parties intend that this Contract and the relationship of
the parties shall be governed by the laws of the State of Florida. Venue for any action arising out of
this contract shall be in Okaloosa County, Florida, and nowhere else.
SECTION 16: ATTORNEY'S FEES. In any dispute relating to this Contract, each party
shall be responsible for their respective attorney's fees and costs.
SECTION 17: SUCCESSORS AND ASSIGNS. The City and Consultant bind themselves.
their partners, successors, assigns. and legal representatives to the other party to this
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Agreement and to the partners, successors, assigns, and legal representatives of such other
party with respect to all covenants of this Agreement. Neither the City nor Consultant shall
assign or transfer any interest in this Agreement without the written consent of the other.
SECTION 18: PUBLIC RECORDS.
Consultant shall comply with the requirements of Florida's Public Records law. In
accordance with Section 1 19.0701, Florida Statutes, Consultant shall:
a. Keep and maintain public records required by the public agency in order to perform the
service.
b. Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided under Florida's Public Records Law
or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of this contract if Consultant does not
transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of Consultant or keep and maintain public records required by the
public agency to perform the service. If Consultant transfers all public records to the public
agency upon completion of the contract, Consultant shall destroy any duplicate public
records that are exempt or confidential from public records disclosure requirements. If
Consultant keeps and maintains public records upon completion of this contract, the
Consultant shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the public agency. upon request from public
agency's custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
e. If Consultant has questions regarding the application of Chapter 119, Florida Statutes,
to Consultant's duty to provide public records relating to this Agreement, Consultant shall
contact the Custodian of Public Records at:
City Clerk, City of Crestview
198 North Wilson Street
P.O. Box 1209
Crestview, Florida 32536
(850) 682-1560 Extension
250
cityclerk@citvofcrestview.or
g
In the event the public agency must initiate litigation against Consultant in order to enforce
compliance with Chapter 1 19, Florida Statutes, or in the event of litigation filed against the public
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agency because Consultant failed to provide access to public records responsive to a public record
request, the public agency shall be entitled to recover all costs, including but not
limited to reasonable attorneys' fees, costs of suit, witness. fees, and expert witness fees
extended as part of said litigation and any subsequent appeals.
SECTION 19: EXTENT OF AGREEMENT.
A. This Agreement represents the entire and integrated agreement between the
City and Consultant and supersedes all prior negotiations. representations, or agreement,
either written or oral.
B. This Agreement may only be amended, supplemented, modified, changed, or
canceled by a duly executed written instrument.
C. This is a nonexclusive contract. The City has the right to enter into contracts
with other consultants for the providing of planning consulting services.
SECTION 20: INDEMNIFICATION OF THE CITY.
A. Consultant shall indemnify and hold the City. its officers and employees,
harmless from and against any losses, damages, costs, and liabilities, including attorney's
fees (including regulatory and appellate fees), or causes of action of whatsoever kind or
nature. including, but not limited to. bodily injury, sickness, disease or death, infringement
of copyright or patent. or injury to or destruction of property, which arise out of or are
related to or in any way connected with this Agreement, but only to the extent caused by
negligent act, error, or omission of Consultant, its agents, servants, or employees in the
performance of services under this Agreement.
B. The Consultant shall indemnify and hold harmless the City against all liens
and claims of mechanics and materialmen furnishing labor and materials arising out of the
performance of Consultant's professional services.
SECTION 21: INDEPENDENT CONTRACTOR. Neither the City nor any of its
employees shall have any control over the conduct of Consultant or any of Consultant's
employees. except as herein set forth, and Consultant expressly warrants not to represent at
any time or in any manner that Consultant or any of Consultant's agents, servants or
employees are in any manner agents, servants, or employees of the City. It is understood and
agreed that Consultant is, and shall at all times remain, as to the City, a wholly independent
contractor and that Consultant's obligations to the City are solely as prescribed by this
Agreement.
SECTION 22: CONSTRUCTION. The parties have participated jointly in the negotiation and
drafting of this Contract. In the event of an ambiguity or if a question of intent or interpretation arises,
this Contract shall be construed as if drafted jointly by the parties and no presumption or burden of
proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this
Contract.
SECTION 23: HEADINGS. The headings of sections are for convenient reference
only and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such
sections or subsections.
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SECTION 24: SEVERABILITY. If any section. subsection. term or provision of this
Contract or the application thereof to any party or circumstance shall, to any extent, be invalid
or unenforceable, the remainder of said section, subsection, term or provision of this Contract
or the application of same to parties or circumstances other than those to which it was held
invalid or unenforceable, shall not be affected and thereby each remaining section, subsection,
term or provision of this Contract shall be valid or enforceable to the fullest extent permitted
by law.
SECTION 25: SOVEREIGN IMMUNITY. The parties further agree. nothing
contained herein is intended nor shall be construed to waiver the City of Crestview's rights
and immunities under the Florida Constitution, common law, or Florida Statutes 768.28, as
amended from time to time.
SECTION 26: NOTICES. All notices under the Contract shall be in writing and shall be
effective when mailed by certified mail, return receipt requested, or when delivered personally, as
provided hereafter. or to such other addresses as may be designated by notice.
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IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the day
and year first written above.
CITY OF CRESTVIEW. FLORIDA
ATTEST:
Maryanne Schrader JB Whitten
Citv Clerk Mayor
Date:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Jon Holloway
City Attorney
By: _____________________________________
Date: ____________________________________
STATE OF FLORIDA
COUNTY OF OKALOOSA
Acknowledged and subscribed before me the undersigned notary on
_________, 2022 by ________________________ the ___________________(insert title) of
____________________, with legal corporate authority, and who is known to me or has production
identification of: _____________________
_____________________________
Notary Public
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City of Crestview, Florida
PROFESSIONAL PLANNING
CONTINUING SERVICES CONTRACT
THIS AGREEMENT is made this_____ day of __________, 2022, between CITY OF
CRESTVIEW, FLORIDA, a municipal corporation, whose address is P.O. Drawer 1209,
Crestview, Florida 32536, the "City", and Seaside Engineering And Surveying, ("Consultant")
whose address is 6575 Highway 189 N, Baker, FL 32531
WHEREAS, the City desires to engage Consultant to provide professional planning
services on an as-needed basis; and
WHEREAS, Consultant desires to render professional planning services as
described in the Scope of Services, and has the qualifications, experience, staff, and
resources to perform those services; and
WHEREAS, the City, through a selection process conducted in accordance with the
requirements of Florida law and City policy, has determined that it would be in the best
interest of the City to award a contract to Consultant for the rendering of those services
described in the Scope of Services.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereto agree as follows:
SECTION 1: EMPLOYMENT OF CONSULTANT. The City hereby agrees to engage
Consultant and Consultant hereby agrees to perform the services set forth in the Scope of
Services.
SECTION 2: SCOPE OF SERVICES. Consultant shall provide, on an as-needed basis, the
professional planning services in accordance with the Scope of Services outlined in the
original agreement dated May 3, 2021. Services will be awarded on a project-by-project
basis that may include any or all of the services listed in Exhibit A of the original agreement,
or services not specifically mentioned but directly related to the specific discipline of the
Consultant. There is no guarantee of any minimum volume of work during the contract
period, and the City reserves the right to award work based on factors determined to be in the
best interest of the City. Consultant may hire sub-consultants to be used for portions of the
required services; however, the primary Consultant must be responsible for all the work
performed. The contract amount for services on any single project or task order will not
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exceed the limit set forth by current Florida Statute. Assignments are to be carried out only
after a description of the work to be accomplished has been agreed-to in writing, a written
estimate of the cost for the assignment has been found acceptable to the City, and a written
task order has been issued by the City.
SECTION 3: THE CITY'S RESPONSIBILITY. Except as provided in the scope of
Services, the City's responsibilities are as follows:
To provide, within a reasonable time from the request of Consultant, existing data, plans,
reports, and other information in the City's possession or under the City's control which are
necessary for the performance of the duties of Consultant as described in the Scope of
Services; and to provide full information regarding requirements of the Scope of Services,
including objectives, budget constraints, criteria, and other requirements that exist at the
time of signing of this Agreement or which may develop during the performance of this
Agreement.
B. To give prompt written notice to Consultant if the City observes or otherwise
becomes aware of any fault or defect in the Scope of Services or non-conformance with the
documents which comprise this Agreement.
c. To furnish required information and services and render approvals and decisions as
necessary for the orderly progress of the Consultant's services.
D. The City hereby designates the Director of Public Services or his designee to act on
the City's behalf with respect to the Scope of Services. The Director of Public Services or
his designee shall have complete authority to transmit instructions, receive information, and
interpret and define City's policies and decisions with respect to materials, elements, and
systems pertinent to Consultant's services.
SECTION 4: CONTRACT TIME.
A. The term of this contract shall be for ONE (1) year beginning on the date of its complete
execution, with option to renew for FOUR (4) additional terms of ONE (1) year at the sole discretion
of the City, unless earlier terminated by the Crestview City Council.
B. Consultant agrees to commence work in accordance with the time specified in each
task order and complete the work within the time specified in the task order. The Consultant
shall work on each task order continuously and expeditiously from the time the task order is
issued. In the event that Consultant is delayed by acts of God. changes in the Project, extras
to the task order, or failure of the City to make timely and proper payments, then Consultant
shall, within forty-eight (48) hours of start of the delay, give written notice and request for
an extension of time from the City.
c. If Consultant fails, through its own fault, to complete the performance required in a
task order within the time set forth, as duly adjusted, then City shall be entitled, as its sole
remedy, to the recovery of direct damages, if any, resulting from such failure.
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D. No Damages for Delay/Cumulative Impact; Consultant shall not be entitled to any recovery
for loss, expense, or damage due to delay. The Consultant shall not be entitled to any recovery for
loss, expense, or damage as a result of cumulative impact due to change orders.
SECTION 5: COMPENSATION. Compensation for the scope of Services performed
by the Consultant shall be payable as follows:
A. The compensation basis shall be as set forth in the approved written task order for each
assignment.
B. Compensation for travel expenses shall be as set forth in Section 1 12.061 Florida Statutes.
c. Consultant shall prepare and submit to the City Council for approval monthly invoices for the
services rendered under this Agreement. Invoices for services shall be paid in accordance with the
Florida Prompt Payment Act. All invoices shall be accompanied by a report identifying the nature
and progress of the work performed. The statement shall show a summary of fees with an accrual of
the total fees billed and credits for portions paid previously. The City reserves the right to withhold
payment to Consultant for failure to perform the work in accordance with the provisions of this
Agreement, and the City shall promptly notify Consultant if any invoice or report is found to be
unacceptable and shall specify the reasons therefor.
D. All representations, indemnifications, warranties, and guaranties made in, required by, or
given in accordance with this Agreement, as well as all continuing obligations indicated in
this Agreement, will survive final payment and termination or completion of this Agreement.
SECTION 6: DOCUMENTS. The documents which comprise this Agreement
between the City and the Consultant are attached hereto and made a part hereof and consist
of the following:
A. This Agreement.
B. Any written amendments, modifications, or Addenda to this Agreement.
C. Any task order and attachments thereto issued pursuant to this Agreement.
D. Notice of Award issued by City of Crestview.
E. City of Crestview Request for Proposal (RFP) for Professional Planning Services, including
any Addenda thereto.
F. Items submitted by Consultant in response to the RFP.
Copies of the RFP and submitted proposal are maintained and available in the office of the
City Clerk of the City of Crestview.
In the event of a conflict between any documents comprising this Agreement, the documents
shall be construed in the following order of priority: l ) the terms of this Agreement; 2) the
provisions of the Request for Proposal; and 3) the Consultant's submittal provided in response
to the City's Request for Proposal.
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SECTION 7: GENERAL CONSIDERATIONS.
A. Ownership and Use of Documents; The documents prepared by the Consultant
pursuant to this Agreement are instruments of the Consultant's service for use
solely with respect to this Agreement. All reports. documents and materials
prepared relating to services rendered hereunder shall be the property of the City,
provided payment for applicable fees for their production has been made to the
Consultant in accordance with the terms of this Agreement. The City shall retain
and use the Consultant's documents for public record, information and reference
and make use in connection with the City's compliance with any federal, state,
county or city laws, codes, requirements, permits or any other mandate
whatsoever.
B. Equal Opportunity Employment: In connection with the work to be performed under this
Agreement, Consultant agrees to comply with the applicable provisions of State and
Federal Equal Employment Opportunity statutes and regulations.
C. Standard of Performance; Consultant shall perform and complete the Scope of Services
in a timely manner and in accordance with the standard of care, skill, and diligence
customarily provided by an experienced professional in his or her field of expertise when
rendering the same services, and in accordance with sound principles and practices
generally acknowledged by professionals in his or her field of expertise.
SECTION 8: DISCLOSURE REGARDING SECURING CONTRACT. Consultant
warrants that it has not employed or retained any company or person, other than a bona fide
employee, working solely for Consultant, to solicit or secure this Agreement and that
Consultant has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for Consultant. any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or
making of this Agreement.
For the breach or violation of this provision, the City shall have the right to terminate this
Agreement without liability. and, at its discretion, to deduct from the contract price, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
SECTION 9: TRUTH-IN-NEGOTIATIONS/PUBLIC ENTITY CRIMES AFFIDAVIT.
Consultant certifies that wage rates and other factual unit costs supporting the compensation
submitted are accurate, complete, and current at the time of contracting. The original
contract price and any additions thereto shall be adjusted to exclude any significant sums by
which the City determines the contract price was increased due to inaccurate, incomplete, or
non-current wage rates and other factual unit costs. Consultant represents that it has
furnished a Public Entity Crimes Affidavit pursuant to Section 287.133, Florida Statutes, to
the City.
SECTION 10: INSURANCE.
A. The Consultant shall purchase and maintain such commercial (occurrence form)
or comprehensive general liability, professional liability, workers compensation, and other
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insurance as is appropriate for the services being performed hereunder by Consultant, its
employees or agents. The amounts and types of insurance shall conform to the following
minimum requirements:
Worker's Compensation Coverage must apply for all employees and
statutory limits in compliance with the applicable state and federal laws. In addition, the
policy must include the following:
a. Employer's Liability with a minimum limit per accident in accordance
with statutory requirements.
b. Notice of Cancellation and/or Restriction. The policy must be
endorsed to provide City with ten (10) days' written notice of cancellation
and/or restriction.
2. Comprehensive General Liability Coverage must include:
a. $1,000,000 combined limit per occurrence for bodily injury, personal
injury, and property damage.
b. Contractual coverage applicable to this specific contract, including
any hold harmless and/or indemnification agreement.
c. Additional Insured. City is to be specifically included as an additional
insured.
d. Notice of Cancellation and/or Restriction. The policy must be
endorsed to provide City with ten (10) days' written notice of cancellation
and/or restriction.
3. Comprehensive Automobile Liability Coverage must be afforded on a form
no more restricted than the latest edition of the Comprehensive Automobile Liability Policy filed by
the Insurance Services Office and must include:
a. $ I ,OOO,OOO combined single limit per accident for bodily injury and
property damage.
b. Owned Vehicles.
c. Hired and Non-Owned Vehicles.
d. Employee Non-Ownership.
e. Additional Insured. City is to be specifically included as an additional insured.
Notice of Cancellation and/or Restriction. The policy must be endorsed to provide City with
ten ( I O) days' written notice of cancellation and/or restriction.
4. Professional Liability Coverage must include:
a. Minimum limits of $5,000.000 per occurrence and in the
aggregate for claims of malpractice, negligence, errors, and
omissions.
b. Notice of Cancellation and/or Restriction. The Policy must be
endorsed to provide City with ten (10) days' prior notice of cancellation
and/or restriction of coverage by changed exclusion.
B. Certificates of Insurance evidencing the insurance coverage specified in this Section
shall be filed with the City. The Certificates of Insurance shall be filed with the City before
this Agreement is deemed approved by the City. The required Certificates of Insurance not
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only shall name types of policies provided, but also shall refer specifically to this
Agreement. All the policies of insurance so required of Consultant, except professional
liability and workers' compensation insurance, shall be endorsed to include as additional
insured: the City, its officers. employees, and agents. If the initial insurance expires prior to
completion of the work, renewal Certificates of Insurance shall be furnished thirty (30) days
prior to the date of their expiration.
C. Insurance coverage shall be placed with insurers or self-insurance funds, satisfactory to the
City, licensed to do business in the State of Florida and with a resi dent agent designated for the
service of process. All insurers shall have an "A" policyholder's rating and a financial rating of at
least Class IX in accordance with the most current Best's rating. Consultant shall provide the City
with financial information concerning any self-insurance fund insuring Consultant. At the City's
option, a Best's rating or Self-insurance Fund financial information may be waived.
D. The City reserves the right to modify its insurance requirements with 60 days' notice to
Consultant.
SECTION 11: LICENSING. The Consultant shall obtain all permits and maintain at its expense all
professional and business certificates and licenses required by law and as necessary to perform
services under this Contract. If Consultant performs any work without obtaining, or contrary to.
permits and licenses, Consultant shall bear all costs arising therefrom. The.City may waive fees for
City controlled permits, but in no instance can the City waive permit requirements or fees beyond its
control.
SECTION 12: PERFORMANCE OF WORK/RESPONSIBILITIES. For each task, the
Consultant will be issued a task order by the City's Public Services Director or designee. The
Public Services Director or designee will issue verbal work orders only in emergency
situations. The Consultant shall commence work in a reasonable length of time and shall
complete the work in an expeditious manner. In emergency situations, the Consultant shall
endeavor to commence work immediately. All work shall be done under the supervision of
the City's Public Services Director or designated representative. The performance of work and
responsibilities hereto are outlined and made a part hereof in the Task Order attached.
SECTION 13: TERMINATION FOR DEFAULT. The Contract will remain in force for the
full period specified and until the City's Public Services Director or his designee determines
that all requirements and conditions have been satisfactorily met and the City's Public Services
Director or his designee has accepted the work under the Contract Documents following the
initial contract terms and all subsequent contract terms, including warranty and guarantee
periods. However, the City's Public Services Director will have the right to terminate this
Contract sooner if the Consultant has failed to perform satisfactorily the work required or
comply with the other requirements of the Contract.
In the event the City's Public Services Director decides to terminate this Contract for the
Consultant's failure to perform satisfactorily or meet its other responsibilities under the
Contract, the City's Public Services Director will give the Consultant five (5) days' notice,
whereupon the Contract will terminate, unless during the notice period the Consultant cures
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the failure to perform or meets its other responsibilities under the Contract to the satisfaction
of the City's Public Services Director.
Upon Contract termination for the Consultant's failure to provide satisfactory contract
performance, the Consultant will be entitled to receive compensation for Contract service
satisfactorily performed by the Consultant and allocable to the Contract and accepted by the
City's Public Services Director or his designee prior to such termination. However, an
amount equal to all additional costs required to the expended by the City to complete the
work covered by the Contract, including costs of delay in completing the project, shall be
either subtracted from any amount due or amount charged to the Consultant in the event the
City's Public Services Director terminates the Contract.
Except as otherwise directed by the City's Public Services Director, in the case of termination
for default (in which event the Consultant may be entitled to cure. at the option of the City's
Public Services Director), the Consultant shall stop work on the date of receipt of the notice or
other date specified in the notice, place no further orders or subcontract for materials, services
or facilities except as are necessary for the completion of such portion of the work not
terminated, and terminate all contractor and subcontracts and settle all outstanding liabilities
and claims. In the event that any termination for default shall be found to be improper or invalid
by any court e/ competent jurisdiction, then such termination shall be deemed to be a
termination for convenience.
SECTION 14: TERMINATION FOR CONVENIENCE. The performance of work under
this Contract may be terminated by the City's Public Services Director in whole or in part
whenever the City's Public Services Director, in his discretion, determines that the
termination is in the City's best interest. Any such termination shall be effected by the City's
Public Services Director giving at least five (5) days' notice to the Consultant, specifying the
extent to which performance of the work under this Contract is terminated and the date upon
which termination becomes effective.
As to termination for convenience, after receipt of the date of termination, the Consultant
shall stop all work as specified in the notice; place no further orders or subcontract for
materials, services, or facilities except as are necessary for the completion of such portion of
the Work not terminated: immediately transfer all documentation and paperwork for
terminated work to the City; and terminate all contractors and subcontracts and settle all
outstanding liabilities and claims.
SECTION 15: GOVERNING LAW. The parties intend that this Contract and the relationship of
the parties shall be governed by the laws of the State of Florida. Venue for any action arising out of
this contract shall be in Okaloosa County, Florida, and nowhere else.
SECTION 16: ATTORNEY'S FEES. In any dispute relating to this Contract, each party
shall be responsible for their respective attorney's fees and costs.
SECTION 17: SUCCESSORS AND ASSIGNS. The City and Consultant bind themselves.
their partners, successors, assigns. and legal representatives to the other party to this
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Agreement and to the partners, successors, assigns, and legal representatives of such other
party with respect to all covenants of this Agreement. Neither the City nor Consultant shall
assign or transfer any interest in this Agreement without the written consent of the other.
SECTION 18: PUBLIC RECORDS.
Consultant shall comply with the requirements of Florida's Public Records law. In
accordance with Section 1 19.0701, Florida Statutes, Consultant shall:
a. Keep and maintain public records required by the public agency in order to perform the
service.
b. Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided under Florida's Public Records Law
or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of this contract if Consultant does not
transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of Consultant or keep and maintain public records required by the
public agency to perform the service. If Consultant transfers all public records to the public
agency upon completion of the contract, Consultant shall destroy any duplicate public
records that are exempt or confidential from public records disclosure requirements. If
Consultant keeps and maintains public records upon completion of this contract, the
Consultant shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the public agency. upon request from public
agency's custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
e. If Consultant has questions regarding the application of Chapter 119, Florida Statutes,
to Consultant's duty to provide public records relating to this Agreement, Consultant shall
contact the Custodian of Public Records at:
City Clerk, City of Crestview
198 North Wilson Street
P.O. Box 1209
Crestview, Florida 32536
(850) 682-1560 Extension
250
cityclerk@citvofcrestview.or
g
In the event the public agency must initiate litigation against Consultant in order to enforce
compliance with Chapter 1 19, Florida Statutes, or in the event of litigation filed against the public
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agency because Consultant failed to provide access to public records responsive to a public record
request, the public agency shall be entitled to recover all costs, including but not
limited to reasonable attorneys' fees, costs of suit, witness. fees, and expert witness fees
extended as part of said litigation and any subsequent appeals.
SECTION 19: EXTENT OF AGREEMENT.
A. This Agreement represents the entire and integrated agreement between the
City and Consultant and supersedes all prior negotiations. representations, or agreement,
either written or oral.
B. This Agreement may only be amended, supplemented, modified, changed, or
canceled by a duly executed written instrument.
C. This is a nonexclusive contract. The City has the right to enter into contracts
with other consultants for the providing of planning consulting services.
SECTION 20: INDEMNIFICATION OF THE CITY.
A. Consultant shall indemnify and hold the City. its officers and employees,
harmless from and against any losses, damages, costs, and liabilities, including attorney's
fees (including regulatory and appellate fees), or causes of action of whatsoever kind or
nature. including, but not limited to. bodily injury, sickness, disease or death, infringement
of copyright or patent. or injury to or destruction of property, which arise out of or are
related to or in any way connected with this Agreement, but only to the extent caused by
negligent act, error, or omission of Consultant, its agents, servants, or employees in the
performance of services under this Agreement.
B. The Consultant shall indemnify and hold harmless the City against all liens
and claims of mechanics and materialmen furnishing labor and materials arising out of the
performance of Consultant's professional services.
SECTION 21: INDEPENDENT CONTRACTOR. Neither the City nor any of its
employees shall have any control over the conduct of Consultant or any of Consultant's
employees. except as herein set forth, and Consultant expressly warrants not to represent at
any time or in any manner that Consultant or any of Consultant's agents, servants or
employees are in any manner agents, servants, or employees of the City. It is understood and
agreed that Consultant is, and shall at all times remain, as to the City, a wholly independent
contractor and that Consultant's obligations to the City are solely as prescribed by this
Agreement.
SECTION 22: CONSTRUCTION. The parties have participated jointly in the negotiation and
drafting of this Contract. In the event of an ambiguity or if a question of intent or interpretation arises,
this Contract shall be construed as if drafted jointly by the parties and no presumption or burden of
proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this
Contract.
SECTION 23: HEADINGS. The headings of sections are for convenient reference
only and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such
sections or subsections.
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SECTION 24: SEVERABILITY. If any section. subsection. term or provision of this
Contract or the application thereof to any party or circumstance shall, to any extent, be invalid
or unenforceable, the remainder of said section, subsection, term or provision of this Contract
or the application of same to parties or circumstances other than those to which it was held
invalid or unenforceable, shall not be affected and thereby each remaining section, subsection,
term or provision of this Contract shall be valid or enforceable to the fullest extent permitted
by law.
SECTION 25: SOVEREIGN IMMUNITY. The parties further agree. nothing
contained herein is intended nor shall be construed to waiver the City of Crestview's rights
and immunities under the Florida Constitution, common law, or Florida Statutes 768.28, as
amended from time to time.
SECTION 26: NOTICES. All notices under the Contract shall be in writing and shall be
effective when mailed by certified mail, return receipt requested, or when delivered personally, as
provided hereafter. or to such other addresses as may be designated by notice.
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IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the day
and year first written above.
CITY OF CRESTVIEW. FLORIDA
ATTEST:
Maryanne Schrader JB Whitten
Citv Clerk Mayor
Date:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Jon Holloway
City Attorney
By: _____________________________________
Date: ____________________________________
STATE OF FLORIDA
COUNTY OF OKALOOSA
Acknowledged and subscribed before me the undersigned notary on
_________, 2022 by ________________________ the ___________________(insert title) of
____________________, with legal corporate authority, and who is known to me or has production
identification of: _____________________
_____________________________
Notary Public
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CITY OF CRESTVIEW Item # 10.2.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Nicholas Schwendt, Gis
DATE:6/9/2022
SUBJECT:Selection of Gregg Chapel A.M.E. Church as the sole bidder for the Affordable Housing
Concepts
BACKGROUND:
In pursuit of our goal of raising the minimum housing standard within the City, an RFP was developed to
accept bids for Affordable Housing Concepts on approximately 1.1 acres of land owned by the City on West
Field Avenue and West Bowers Avenue.
DISCUSSION:
Upon the City's request for proposals for these projects, the City received one bid in response. As a result, the
bid committee was not required to convene as there were no bids to rank. The application was received from
Reverend Cecil Williams with Gregg Chapel A.M.E. Church. You can find the submittal attached to this
agenda item. The submittal must still be approved by the City Council. As a result of the approval, staff will
draft a contract to provide for the specific terms for this project.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
The approval of this item will result in a partnership between the applicant and the City, of which the exact
financial impact will be determined via the contract that is drafted.
RECOMMENDED ACTION
Staff respectfully requests a motion to approve the submittal and to direct staff to draft the contract.
Attachments
1.Gregg Chapel Proposal_RFP #22_05_04
2.Submittal Letter A.M.E.
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“VV ii nneeyyaarrdd VV ii llllaaggee”
A Proposal
For The City
of
Crestview Florida
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TABLE OF CONTENTS
Page
BACKGROUND INFORMATION 2
EMPLOYMENT PROFILE 5
BUSINESS CREDENTIALS 6
EXECUTIVE SUMMARY 9
EXPERTISE & ACCOMPLISHED PROJECTS 11
PROJECT TEAM 14
REFERENCES 17
ADDITIONAL INFORMATION 22
CONFLICT OF INTEREST DISCLOSURE FORM 23
PUBLIC ENTITY CRIME FORM 24
DRUG-FREE WORKPLACE CERTIFICATION 27
LIABILITY & INDEMNIFICATION FORM 29
CERT. OF INDEPENDENCE & NO CONFLICT OF INTEREST 30
PUBLIC ACCESS FORM 32
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Background Information
Gregg Chapel African Methodist Episcopal Church
34 Carson Drive, SE, Ft. Walton Beach Florida 32548
PHONE: 850-243-5925
FAX: 850-243-0036
Gregg Chapel African Methodist Episcopal Church (GCAMEC) has been a
vital part of the Okaloosa County since its inception in 1951. The mission of
the Church is to minister to the social, spiritual, and physical development of
all people.
The vision of the church is to seek out and save the lost, and to serve the
needy. GCAMEC takes seriously the part of the mission to “serve the
needy.” This project is one additional way to accomplish this vision.
GCAMEC has been reaching out to the homeless populations since its
inception, our formal programs for the homeless population began in 1998.
The population being addressed by this project is varied, but includes the
following: physically disabled, the working poor, homeless veterans, and
persons in imminent danger of homelessness. GCAMEC has supported the
homeless service providers by supplying funds, facilities, food and
manpower for cold night shelters and housing for homeless transitional
families. The church also supplies funds on a requested basis for emergency
uses to include: medical supplies, medication, rent, utilities and other items
needed for individuals and or families who are homeless or on the brink of
homelessness. The church has served as a cold night shelter on Tuesday
nights when the temperature reached 40 degrees or below. In addition to a
hot meal, we provided shelter and a hot breakfast in the morning of their
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departure. We attempt to provide assistance with homeless prevention and
alleviation by providing funds if requested. We designed this process to
address the very specific needs of individuals and we collect the requested
information through their Assistance Request form. We personally speak
with property owners to verify the circumstances and request verification of
rents/mortgage amounts be provided. We speak with utility customer
service representatives and provide funding directly to the companies. We
have paid rent and deposits for individuals in need and do not have a dollar
amount limit on the services provided. We attempt to meet the person at
their need.
GCAMEC collaborates with various organizations that have the same
common goal of eliminating homelessness. We collaborate with other
organizations such as Continuum of Care, United Way (Charity Tracker),
Coalition on the Homeless, Feeding America, Opportunity Place, Catholic
Charities, Water Front Mission, and Sharing and Caring of Fort Walton
Beach. Each of these organizations provides vital information about new
initiatives/programs/agencies that have been developed or organized to assist
in the fight against poverty and homelessness. These community systems
address the critical problem of homelessness through a coordinated
community-based process of identifying needs and building a system to
address those needs. The approach understands that homelessness is not
merely by a lack of shelter, but involves a variety of underlying, unmet
needs - physical, economic, and social. GCAMEC has provided the above
stated services although no grant funding has ever been received to do
so. These services are a critical part of our church’s mission statement;
as such, church members fund them. The goal of this project is to
increase our current level of support to a needy population by providing low
cost homes. Gregg Chapel is “Continuously Pursuing Perfection for the
Coming of Christ” through numerous active and on-going ministries which
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allows us to be a blessing to others. This project will increase our current
level of support by providing low cost housing . GCAMEC is excited about
this potential partnership in a joint effort to alleviate and eventually
eliminate homelessness.
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EMPLOYMENT PROFILE
Pastor/CEO
Rev. Cecil B. Williams
STEWARDS
1. Mr. Gregory Mitchell (ProTem)
2. Mrs. Ann McCelvey (Secretary)
3. Mrs. Lucille Dixon/Treasurer
4. Mrs. Mattie Brown/Financial Secretary
5. Mrs. Jannie SMith
6. Mrs Clara Scott
7. Mr. Floyd Showalter
Membership
TRUSTEES
1. Mr. Ken Jacobs/ProTem
2. Ms. MiChele Stevenson
3. Mr. Leroy Kelly
4. Mr. Curtis Reaves
Ground/Maintenance
1. Mr. Keith Spencer
2. Mr. Philleip Gentry
***
“Trustees” manage all the temporal concerns of the church. They maintain and secure
all the real and personal property of the church. They shall make improvements upon
the property or real estate when authorized to do so by a majority of legal members of
the church. They shall guard the church, parsonages, schools and any other property
obtained by the local church.
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EXECUTIVE SUMMARY
Gregg Chapel understands and agrees with the terms and conditions of RFP
NO. 22-05-04, Proposal For Affordable Housing Development Concepts. We
also certify that the information in this proposal are true and accurate to be
the best of our knowledge. Our plan for this project is as follows:
The project (Vineyard Village) will border West Field Ave and West Bowers
Avenue. It will consist of (1) two-story facility with 14 each apartments and
a one story building consisting of 3 units for a total of 17 units, based upon
the area available and the requirements for parking per each unit. The two-
story building will have an elevator and have units designed for handicap
individuals on the first floor.
Each apartment will be approximately 960 sq ft. consisting of two bedrooms
and 2 baths. Each unit will have 2 available parking spots. The project will
meet all zoning requirements for the proposed 17-unit facility.
The reason this project should be awarded to Gregg Chapel is due to our past
performance of keeping our rental cost over the years for our present
apartments under $600.00 per month. Our administrative fees are lower than
the regular developer and we are not in the business for profit but strictly
ministry. Our plan is to work with the city to keep the unit monthly rent at
an affordable rate (at or under) $900.00 per month. We believe this is
possible. We will select our building contractor for this project based upon
their considerations for those in need and willing to give back.
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EXPERTISE & ACCOMPLISHED PROJECTS
Program Management is the major expertise of the trustee board. A careful and
micro approach to project completion/ problem solving has been our greatest
strong point. Major technical areas are subcontracted to others with the necessary
expertise needed.
Gregg Chapel began its work in the area of housing in 1989 when the church
purchased lots 8, 9 and 10, Block 8, and the Oakridge Addition, 118 McGriff
Street, Fort Walton Beach .
Phase I, of the renovation project began that consisted of five two-bedroom
apartment units that were renovated from 2 old military housing barracks. The 2
units were moved to the prepared slabs and remodeling began. These 5 units
bordered the home that was at 118 McGriff therefore the entire project was named
the McGriff St. Project. The 5 apartments today rent for $575.00 and the 3 -
bedroom home still rent s for $650.00.
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The house and apartments were completely renovated and served as the parsonage
for the pastor and his family for a couple of years , while the 5 units were put up for
rent immediately. All of this was done through a grant received through the State
Housing Initiatives Partnership (SHIP).
In June 1999, a dditional properties at 60 Mallard and 10 Nicholson were purchased
and immediately put on the market for low to moderate income families. In 2004
another SHIP grant was awarded to Gregg Chapel which allowed the church to
secure a contractor to renovate the 2 homes completely.
In 2009 , when the housing authority began to move people out of the low rent
housing on Church Street directly b ehind Gregg Chapel, the church partnered with
the city to move 2 of the handicapped individuals into the McGriff St. units. Gregg
Chapel secured another SHIP grant to remodel 2 units, making them wheelchair
accessible in every way. The units were completel y tiled, doors widened, sinks
changed out and the showers were remodeled so that wheelchairs could go into the
shower stalls. All of this was accomplished to aide these 2 individuals who could
not find a place to live. The church secured approval from the housing authority to
move the individuals and kept their rent at the rate they were presently paying.
In 2010, the church secured another grant to help buy a home at 24 Comet St. SE,
Ft. Walton Beach . The grant was for $75,000.00 and Gregg Chapel paid ou t of
pocket another $30,000.00 to complete the deal. The membership wanted to help
one of our own young families to become a homeowner and sold the home to one
of their own for only $30,000.00 with a 3% interest for 10 years. The payments
were under $300.00 per month and today Ms. Pamela McCelvy is a proud
homeowner, debt free!
In 2017 , Gregg Chapel began the “House of Valor.” The project began with the
demolition of the 2 homes at Mallard & Nicholson and then getting the city to
combine the 2 lots into 1.
The church secured a partnership from Gulf Power to donate $50K for
architectural work, exterior trees, new fencing, lands caping and sprinkler systems
and furniture. Another grant was secured from SHIP for $250 K and finally a loan
from First National for $400K was secured by the church to develop Okaloosa
County’s first living facility for homeless veterans.
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The project was completely managed from cradle to completion by our present
team of Trustees with oversight from the Pastor. This team is still in place and we
do not anticipate any changes in the near future. A request for proposal was issued
for the 6 units and a contractor was selected that met the price and timeline
requirements. Progress payments were given utilizing the grant monies first then
funds were distributed from the loan. The City of Ft. Walton Beach inspected the
project throughout the entire life of construction.
These units rent today for $550.00 each.
All units are under a property manager (Progressive Management) but lawn care
and building restoration is accomplished by our in -house staff.
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PROJECT MANAGEMNT TEAM
Rev. Cecil B. Williams: Rev. Williams, pastor of Gregg Chapel African
Episcopal Church, has 35+ years managerial experience. His background
covers a wide variety of management experiences from manufacturing
engineering, program management to personnel management. He is
responsible for the day to day activities of all the ministries of the church
and the pro-tem of the Florida Conference board of trustees. He graduated
from Talladega College in 1984 with a Bachelor of Arts degree in Business
and from Troy State University in 1991 with a Master of Science in
Management and again in 1995 with a Master In Public Administration.
Role: Director for Gregg Chapel’s housing ministry, he will oversee the
entire grant application/process and the entire construction project.
_________________________________________
MiChele Stevenson: Grants Project Manager, she earned a degree in
Business Management from the University of West Florida and a Master’s
degree in Public Administration. MiChele has over 20 years experience in
Contract Management and Government Acquisition. She previously worked
for the State of Florida in the Children and Family Services area as an in-
take counselor and case manager and for the State of Arizona as a Vocational
Rehabilitation Counselor.
Role: Ms. Stevenson has assisted in the Homeless Housing Assistance Grant
application preparation and project development. She will continue to act as
liaison throughout the application process for Gregg Chapel. She previousl
prepared the successfully grant for which the Church received funds for their
Homeless ministry.
_________________________________________________
(Century 21 Blue Marlin Pelican)
Blue Marlin Realty Group was established by Jerry Sullivan in 2009. The
company strives on community involvement and giving back. Jerry founded
Blue Marlin Charities, which has given over $300,000 to local charity
groups. CENTURY 21 Blue Marlin Pelican continues to expand throughout
the community. They are members of the Crestview Main Street association
as well as the Crestview Chamber of Commerces. Their long term property
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manager is Marno Wilson. Marno has over 20 years in the property
management industry and has been a licensed Realtor since 2000. Marno
brings a strong work ethic and is happy to meet the needs of owners and
tenants with both hospitality and efficiency. They have experience working
with the Okaloosa County Housing Authority and Veterans Relocation and
placement groups.
Role: Property administrator, they will perform all professional property
management duties such as: screening, rent collection and lease agreements
and repairs as agreed upon with Gregg Chapel Trustee Board.
________________________________________
Ann G. McCelvy: Ms. McCelvy’s background with Gregg Chapel dates
back over 20 years. She earned a degree in Business Science from Florida
A&M University in 1975. Ann is a full time employee, skilled in Microsoft
XP Professional, and Quick Books pro.
Role: As the executive assistant to the Pastor, Ann will maintain the
administrative matters with perfection.
__________________________________________
Dozier Thomas: President and CEO, D’Bruce Enterprises Inc., Over 23
years experience as a Project/Construction Manager. Presently working at
Eglin AFB, Neuclear Warfare Center, Civil Engineer. BS, North Carolina A
& T.
Role: Construction Consultant
_________________________________________
Jason Floyd/JDF Architecture : JDF is a Fort Walton Beach, Florida based
architectural limited liability company owned and operated by native
architect Jason D Floyd, AIA. He has built his company based on creating
long term client relationships and producing impactful projects. With over
20 years of experience in the Southeast, Jason has completed an assortment
of project types ranging from educational, governmental, commercial, retail,
restaurant, aviation, entertainment venues and custom residences. Our
philosophy is providing experiences that impact communities. JDF
Architecture strives to produce a creative solution for clients and an
inspiration to those who experience it. JDF Architecture offers architectural
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services ranging from architectural design, master planning, facility
programming, existing conditions survey, new construction, renovations and
additions. They have provided services to various entities including county
and municipal governing authorities, private developers, corporations and
home owners.
Role: Architectural & Construction Consultant
____________________________________________________
Richard H. Powell/Attorney: 1985-Current, President of Richard H. Powell
& Associates. General Practice of law including real estate, corporate
formation & governance, commercial litigation. 1968 BSBA Accounting,
Auburn University. 1971 Juris Doctor with Honors, University of Florida
Role: Legal Advisor
___________________________________________________
Michelle Anchors is one of the Emerald Coast’s preeminent attorneys. A
graduate of Vanderbilt University (B.A. 1987) and the University of Florida
College of Law (J.D. 1991), Michelle provides counsel for many businesses,
condominiums, and homeowners associations throughout Northwest
Florida. Michelle is certified by the Supreme Court of Florida as a Circuit
Court Mediator and as a Qualified Arbitrator.
Michelle’s depth of government and administrative knowledge allow her to
match the needs of her private sector clients with the most efficient and
effective solutions. After graduating from law school, Michelle served as a
law clerk to Justice Parker Lee McDonald of the Florida Supreme Court. She
subsequently served as Deputy General Counsel to former Governor Lawton
Chiles and was a member of his staff when he served in the United States
Senate. Michelle was appointed by Senate President Galvano to serve on the
Florida Commission on Ethics, and has previously served as its Chair.
Role: Legal Advisor
______________________________________________________
Construction Contractor: TBD
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City of Fort Walton Beach
“The Treasure of the Emerald Coast”
107 Miracle Strip Parkway SW * Fort Walton Beach, FL 32548
(850) 833-9504 * Fax (850) 833-9640
Michael D. Beedie
City Manager
mbeedie@fwb.org
April 7, 2022
Mr. Tim Bolduc
City Manager
City of Crestview
198 North Wilson Street
Crestview, FL 32536
Subject: Letter of Support – Gregg Chapel AME Church & Affordable Housing Partnership
Mr. Bolduc,
On behalf of the City of Fort Walton Beach, I am writing today to express the City’s support for
Gregg Chapel African Methodist Episcopal (AME) Church to become the City of Crestview’s
affordable housing development partner.
In Fort Walton Beach, Gregg Chapel developed the Nathaniel Smith House of Valor, which is a six
(6) unit, 3,000 square foot living facility that provides housing for homeless veterans. Gregg Chapel
managed the successful development through numerous partnerships, including the City of Fort
Walton Beach, Third Chance, Inc., and 90Works.
For many years, Gregg Chapel and Reverend Cecil Williams have been great partners with the City
of Fort Walton Beach through their community outreach and dedication to community projects such
as One Hopeful Place, Sound Side Apartments, the House of Valor, etc. that have helped hundreds
of homeless and low-income individuals and families achieve housing in the area.
I believe Gregg Chapel can bring the same success to the City of Crestview in developing affordable
housing in the north end of Okaloosa County.
If you have any questions or require additional information, please feel free to contact me at (850)
833-9612 or mbeedie@fwb.org.
Sincerely,
Michael D. Beedie, P.E., ICMA-CM
City Manager
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CITY OF CRESTVIEW Item # 10.3.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Nicholas Schwendt, Gis
DATE:6/9/2022
SUBJECT:Sidewalk Fund Proposal
BACKGROUND:
In 2021, the City adopted a new land development code that included many changes and updates versus the old
land development code that we had been operating under. Included in these changes were updated requirements
for developers to install sidewalks during development.
DISCUSSION:
Since implementing the new code, and reviewing a number of projects, it has been made evident that in some
cases, the inclusion of sidewalks within the right-of-way abutting a development allows the development to tie
into an existing sidewalk network. In other cases, this requirement causes developers to build sidewalks in
areas where no sidewalks currently exist, causing the construction of sidewalks that serve little current purpose.
The original intent of the code being written this way was for sidewalk networks to be generated over time as
development occurred, to connect the developments as they occur.
Staff has since discussed the original intent of the code in relation to the results seen in its implementation and
have determined that it would be more effective and more efficient to provide an additional option for
developers. This additional option would be for developers to pay into a City sidewalk fund where the
construction of sidewalks within the right-of-way is not currently feasible, functional, or logical. The cost
required would be determined based on the current cost-per-foot of sidewalk construction, per our Public
Services department. The expenditures will be accounted for through the Capital Improvements Fund (CIP) and
will allow the City to install sidewalks in locations that broaden and improve the existing sidewalk network,
connecting new and existing developments in a way that is more cohesive and less piecemeal.
Upon your approval, staff will begin utilizing this fund as an option in the development process, and proceed
with including the Land Development Code amendment to provide for the option to pay into the fund at the
earliest possible time, projected to be at the August meetings.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
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Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
FINANCIAL IMPACT
The approval of this item will result in the creation of a sidewalk fund that can be contributed to by developers,
allowing the City to pursue sidewalk and mobility related projects with less financial impact.
RECOMMENDED ACTION
Staff respectfully requests a motion to approve the creation and implementation of the sidewalk fund.
Attachments
None
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CITY OF CRESTVIEW Item # 11.1.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: Presentation
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Maryanne Schrader, City Clerk
DATE:6/9/2022
SUBJECT:Reminder: Financial Disclosure Form 1 is due to the Supervisor of Elections by July 1, 2022.
BACKGROUND:
In May 2022, the office of Paul Lux, Supervisor of Elections, mailed out Form 1 with instructions to return the
signed and dated form to his office.
DISCUSSION:
Please ensure you file the Form 1 for each Board that you are either elected or appointed to serve.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
If the annual disclosure form is not submitted by September 1, 2022, an automatic fine of $25 is assessed for
each day the form is not received.
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RECOMMENDED ACTION
Please file Form 1 by July 1, 2022, as requested.
Attachments
None
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CITY OF CRESTVIEW Item # 12.1.
Staff Report
CITY COUNCIL MEETING DATE: June 13, 2022
TYPE OF AGENDA ITEM: City Manager
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Tim Bolduc, City Manager, Gina Toussaint, Finance Director
DATE:6/9/2022
SUBJECT:Finance Update
BACKGROUND:
Financial Report per Charter
DISCUSSION:
Attached are the Unaudited Schedules of Revenues & Expenditures for the month and year to date ending April
30, 2022. During our review of the Schedule of Revenues & Expenditures, certain variations were noted for
which explanations have been provided with the corresponding fund financial statement.
Please note that most funds include a budget amount in a revenue account titled "Other Sources". This includes
cash carryforward from the previous year. Therefore, the percent of budget will typically reflect a low
percentage
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
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Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
The attached provides unaudited revenue and expenditure information at April 30, 2022.
RECOMMENDED ACTION
No recommended action at this time.
Attachments
1.Monthly Financial Report Month Ended April 2022
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CITY OF CRESTVIEW, FLORIDA
MONTHLY FINANCIAL REPORT
April 30, 2022
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CITY OF CRESTVIEW
Monthly Financial Report
Table of Contents
April 30, 2022
General Fund ............................................................................................................................................... 3
Special Revenue Fund (Building & Permitting) ......................................................................................... 4
Special Revenue Fund (CRA) ..................................................................................................................... 5
Capital Improvements Fund ........................................................................................................................ 6
Utility Fund ................................................................................................................................................. 7
Sanitation Fund ........................................................................................................................................... 8
Stormwater Fund ......................................................................................................................................... 9
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GENERAL FUND
SCHEDULE OF REVENUES AND EXPENDITURES
BUDGET AND ACTUAL
April 30, 2022
Amended Current Year to Date
Annual Annual Month FY 2022 Percent
Budget Budget Total Total of Budget
Revenues
Taxes 13,444,486$ 13,444,486$ 561,086$ 11,640,986$ 86.59%
Permits, Fees, Special Assessments 1,545,500 1,545,500 160,609 1,178,396 76.25%
Intergovernmental Revenue 7,477,532 7,477,532 533,475 4,258,618 56.95%
Charges for Services 240,500 247,500 30,186 228,232 92.21%
Judgments, Fines & Forfeites 310,000 310,000 37,400 186,336 60.11%
Miscellaneous Revenues 251,300 251,300 16,342 235,829 93.84%
Other Sources 4,039,890 4,230,085 - 2,575,000 60.87%
Total Revenues 27,309,208$ 27,506,403$ 1,339,098$ 20,303,397$ 73.81%
Expenditures
Mayor 107,309$ 103,410$ 6,516$ 65,126$ 62.98%
City Clerk 164,753 177,353 16,496 105,524 59.50%
General & Administrative*2,933,746 2,916,045 48,152 887,923 30.45%
Administration:
City Manager 296,045 296,045 26,051 174,145 58.82%
Human Resources 336,085 336,085 18,403 180,021 53.56%
Information Technology** 698,722 698,722 44,244 308,528 44.16%
Public Information Officer 141,826 142,826 13,949 86,237 60.38%
Finance 592,547 596,547 50,075 304,382 51.02%
Public Works Administration*** 339,868 371,868 26,027 120,551 32.42%
Maintenance 311,842 311,842 23,080 190,008 60.93%
Police 6,012,840 6,192,575 421,802 3,174,601 51.26%
Fire 4,820,689 4,819,789 411,804 2,688,773 55.79%
Fire Department - Dispatch 1,096,433 1,097,333 82,244 603,603 55.01%
Recreation & Enrichment Services:
Administration 203,537 203,537 17,454 111,207 54.64%
Athletics & Recreation**** 788,869 818,069 104,472 2,147,497 262.51%
Library 803,352 803,352 60,967 444,206 55.29%
Special Events & Programs 137,825 137,825 9,372 73,073 53.02%
Cultural Services 71,567 70,567 5,650 36,305 51.45%
1/2 Cent Sales Tax***** 2,921,908 2,742,173 - 228,729 8.34%
Streets****** 2,326,968 2,294,968 112,351 1,054,473 45.95%
Animal Control - 167,995 25,201 42,417 25.25%
Code Enforcement 137,744 137,744 11,942 58,970 42.81%
Planning & Zoning 828,692 833,692 50,350 347,870 41.73%
Building & Facility Maintenance 1,236,041 1,236,041 93,266 588,393 47.60%
Total Expenditures 27,309,208$ 27,506,403$ 1,679,868$ 14,022,562$ 50.98%
Note: This report reflects the revenues collected and expended in the month of April and year ending April 30, 2022 and what percent of the annual budget that has been collected
and expended. All revenue and expenditure amounts are unaudited.
*Largest expenditures in this division are debt service payments, which will be disbursed later in the fiscal year.
**IT equipment and software purchases upcoming.
***Personnel costs are lower than anticipated, engineering services have not yet been received.
****Includes expenditures for the Blackwater Project, specifically, the Mammoth Sports Complex final invoice.
*****Primarily expenditures in debt service which will be disbursed 6/1/2022.
******Street resurfacing projects to commence in the near future.
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SPECIAL REVENUE FUND
BUILDING AND PERMITTING
SCHEDULE OF REVENUES AND EXPENSES
BUDGET AND ACTUAL
April 30, 2022
Amended Current Year to Date
Annual Annual Month FY 2022 Percent
Budget Budget Total Total of Budget
Revenues
Building Permits 579,430$ 579,430$ 57,404$ 434,086$ 74.92%
Other Sources 163,898 163,898 - - 0.00%
Total Revenues 743,328$ 743,328$ 57,404$ 434,086$ 58.40%
Expenditures
Personnel Cost* 453,734$ 453,734$ 26,644$ 172,204$ 37.95%
Operating Expenses** 289,594 289,594 6,502 41,137 14.21%
Total Expenditures 743,328$ 743,328$ 33,146$ 213,341$ 28.70%
`
Note: This report reflects the revenues collected and expended in the month of April and year ending April 30, 2022 and what percent of the annual
budget that has been collected and expended. All revenue and expenditure amounts are unaudited.
Note: The Special Revenue Funds: Escrow and Law Enforcement Trust not listed due to little or no activity.
*Personnel costs are down due to staffing turnover.
**Improvements project has not yet commenced.
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SPECIAL REVENUE FUND
COMMUNITY REDEVELOPMENT AGENCY
SCHEDULE OF REVENUES AND EXPENSES
BUDGET AND ACTUAL
April 30, 2022
Amended Current Year to Date
Annual Annual Month FY 2022 Percent
Budget Budget Total Total of Budget
Revenues
Intergovernmental Revenue 339,555$ 339,555$ -$ 85,186$ 25.09%
Miscellaneous 3,000 3,000 - 1,238 41.26%
Other Sources 994,072 994,072 - 162,395 16.34%
Total Revenues 1,336,627$ 1,336,627$ -$ 248,819$ 18.62%
Expenditures
Contractual Services* 476,000$ 476,000$ 3,000$ 149,005$ 31.30%
Operating Supplies 9,650 11,150 213 5,741 51.49%
Advertising 19,500 18,000 - 1,712 9.51%
Dues & Subscriptions** 1,500 1,500 - 1,417 94.47%
Training 1,000 1,000 - - 0.00%
Improvements 507,977 507,977 - 4,493 0.88%
Interfund Transfer 19,000 19,000 - - 0.00%
Equipment 2,000 2,000 - 127 6.37%
Awning Improvement Grant*** 300,000 300,000 13,142 36,019 12.01%
Total Expenditures 1,336,627$ 1,336,627$ 16,355$ 198,514$ 14.85%
Note: This report reflects the revenues collected and expended in the month of April and year ending April 30, 2022 and what percent of the annual
budget that has been collected and expended. All revenue and expenditure amounts are unaudited.
*Contractual services expenditures are fully encumbered, yet partially disbursed.
**Annual subscriptions renewed.
***Awning improvement grant applications in progress.
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CAPITAL IMPROVEMENTS FUND
SCHEDULE OF REVENUES AND EXPENSES
BUDGET AND ACTUAL
April 30, 2022
Amended Current Year to Date
Annual Annual Month FY 2022 Percent
Budget Budget Total Total of Budget
Revenues
Other Financial Assistance* 2,223,384$ 2,223,384$ -$ -$ 0.00%
Other Sources** 9,443,705 9,443,705 - - 0.00%
Total Revenues 11,667,089$ 11,667,089$ -$ -$ 0.00%
Expenditures
General & Administrative 150,809$ 150,809$ - 40,402$ 26.79%
Public Safety*** 1,307,996 1,307,996 5,000 7,300 0.56%
Physical Environment**** 8,812,884 8,812,884 421,058 553,356 6.28%
Transportation**** 1,395,400 1,395,400 - 2,076 0.15%
Total Expenditures 11,667,089$ 11,667,089$ 426,058$ 603,134$ 5.17%
Note: This report reflects the revenues collected and expended in the month of April and year ending April 30, 2022 and what percent of the annual
budget that has been collected and expended. All revenue and expenditure amounts are unaudited.
*ARPA (American Rescue Plan Act) collections will be near the fiscal year end.
**Other sources of revenue include operating transfers not yet made.
***Fire training tower project is underway expenditures not yet encumbered.
**** Capital improvement projects to commence in near future.
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UTILITY FUND
SCHEDULE OF REVENUES AND EXPENDITURES
BUDGET AND ACTUAL
April 30, 2022
Amended Current Year to Date
Annual Annual Month FY 2022 Percent
Budget Budget Total Total of Budget
Revenues
Impact Fees* 430,000$ 430,000$ 40,400$ 731,100$ 170.02%
Other Financial Assistance** 1,408,271 1,408,271 - - 0.00%
Charges for Services 8,173,687 8,173,687 640,426 4,677,833 57.23%
Miscellaneous Revenue 20,000 20,000 1,054 10,533 52.66%
Other Sources 777,961 777,961 - 513 0.07%
Total Revenues 10,809,919$ 10,809,919$ 681,880$ 5,419,979$ 50.14%
Expenditures
General & Administrative*** 5,217,175$ 5,157,747$ 547$ 969,312$ 18.79%
Public Works Administration 747,080 747,080 52,166 344,548 46.12%
Finance - Utility Office 468,829 468,829 37,131 254,700 54.33%
Water**** 1,840,149 1,899,577 128,525 1,944,567 102.37%
Sewer 1,322,187 1,322,187 114,192 788,661 59.65%
Wastewater 1,214,499 1,214,499 139,315 797,628 65.68%
Total Expenditures 10,809,919$ 10,809,919$ 471,876$ 5,099,416$ 47.17%
Note: This report reflects the revenues collected and expended in the month of April and year ending April 30, 2022 and what percent of the annual
budget that has been collected and expended. All revenue and expenditure amounts are unaudited.
*Majority of fees collected are attributed to the residential impact fees incurred by the Iron Horse Townhome development.
**ARPA (American Rescue Plan Act) collections will be near the fiscal year end.
***Largest expenditures in this division are debt service payments which will be disbursed later in the year.
****Largest expenditure in this division was for the Antioch elevated water tank in the amount of: $876,121.
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SANITATION FUND
SCHEDULE OF REVENUES AND EXPENSES
BUDGET AND ACTUAL
April 30, 2022
Amended Current Year to Date
Annual Annual Month FY 2022 Percent
Budget Budget Total Total of Budget
Revenues
Garbage Fees 4,000,000$ 4,000,000$ 340,098$ 2,357,853$ 58.95%
Penalties 55,000 55,000 4,811 37,808 68.74%
Franchise Fees 208,000 208,000 22,546 138,953 66.80%
Total Revenues 4,263,000$ 4,263,000$ 367,455$ 2,534,614$ 59.46%
Expenditures
Garbage/Solid Waste 4,263,000$ 4,263,000$ 352,576$ 2,276,737$ 53.41%
Total Expenditures 4,263,000$ 4,263,000$ 352,576$ 2,276,737$ 53.41%
Note: This report reflects the revenues collected and expended in the month of April and year ending April 30, 2022 and what percent of the annual budget
that has been collected and expended. All revenue and expenditure amounts are unaudited.
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STORMWATER FUND
SCHEDULE OF REVENUES AND EXPENSES
BUDGET AND ACTUAL
April 30, 2022
Amended Current Year to Date
Annual Annual Month FY 2022 Percent
Budget Budget Total Total of Budget
Revenues
Stormwater Fees 395,100$ 395,100$ 32,210$ 231,555$ 58.61%
Other Financial Assistance 238,162 238,162 - - 0.00%
Total Revenues 633,262$ 633,262$ 32,210$ 231,555$ 36.57%
Expenditures
Personnel Cost 291,325$ 291,325$ 21,483$ 123,624$ 42.44%
Operating Cost* 341,937 341,937 3,712 42,962 12.56%
Total Expenditures 633,262$ 633,262$ 25,195$ 166,586$ 26.31%
Note: This report reflects the revenues collected and expended in the month of April and year ending April 30, 2022 and what percent of the annual
budget that has been collected and expended. All revenue and expenditure amounts are unaudited.
*Budgeted equipment items have not yet been purchased.
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