HomeMy Public PortalAbout03132023 City Council Regular Meeting Agenda Packet
REGULAR CITY COUNCIL MEETING MEETING
AGENDA
March 13, 2023
6:00 P.M.
CITY 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 from the First Church of God in Christ
3. Open Policy Making and Legislative Session
4. Approve Agenda
5. Presentations and Reports
5.1. Homelessness & Housing Alliance (HHA)
6. Consent Agenda
6.1. Approval of the City Council Regular Meeting Minutes from February 27, 2023
6.2. Approval of the Crestview Unlimited, Inc. Regular Meeting Minutes of February 27, 2023
6.3. Purchase Petersen TL-3 Knuckleboom Loader Truck
6.4. GreatLife Golf Contract
7. Public Hearings / Ordinances on Second Reading
8. Ordinances on First Reading
8.1. Ordinance 1919 - James Lee Blvd E Comprehensive Plan Amendment
8.2. Ordinance 1920 - James Lee Blvd E Rezoning
8.3. Ordinance 1921 Designating the Official Seal of the City of Crestview
9. Resolutions
9.1. Resolution Regarding a Comprehensive Fee Schedule Amendment - Sidewalk Fund
9.2. Resolution Relating to the Florida Department of State Revolving Fund - Elevated Storage Tank
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10. Action Items
11. City Clerk Report
12. City Manager Report
13. Comments from the Mayor and Council
13.1. Ordinance Discussion - Ground-Mounted Solar Panels
14. Comments from the Audience
15. Adjournment
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 option 2 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: March 13, 2023
TYPE OF AGENDA ITEM: Presentation
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Tim Bolduc, City Manager
DATE: 3/9/2023
SUBJECT: Homelessness & Housing Alliance (HHA)
BACKGROUND:
Crystal Harrison of Homelessness & Housing Alliance (HHA) will present to the City Council.
DISCUSSION:
HHA is the lead agency in the Okaloosa Walton Homeless Continuum of Care. Last month, HHA
completed the Annual Point in Time Count and want to share the results. The time Count is an unduplicated
count on a single night of the people in a community who are experiencing homelessness that includes both
sheltered and unsheltered populations.
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
No financial impact on this item.
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RECOMMENDED ACTION
No action required.
Attachments
1. FL-505 2023 HUD_Point_in_Time_Report
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HUD Point in Time Report - UnshelteredHUD Point in Time Report - Unsheltered
Count:Geography:
Created by:Created on:
Okaloosa and Walton Counties 2023 Point in Time Count All Geographies
McManus,Dianne 02/02/2023 12:14 PM
Summary
Total number of persons 259
Number of children (under age 18)17
Number of youth (age 18 to 24)13
Number of adults (age 25 to 34)37
Number of adults (age 35 to 44)64
Number of adults (age 45 to 54)55
Number of adults (age 55 to 64)54
Number of adults (age 65 or older)17
Observed age 25 or older 2
Unknown Age 0
Chronically Homeless 64
Veterans 14
Leaflet
Generated from the Regional Command Center on 02/02/2023Report ID: 1188475957 Page 1 of 13
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Data Quality Checks
Total Persons
Adults
Young Adults
Children
Chronically Homeless
Veterans
0 100 200255075125150175 225 250 275
Persons Missing Age Information 2
Persons Missing Sleeping Location 0
Persons Missing Gender 15
Persons Missing Ethnicity 86
Persons Missing Race 5
Persons Missing Relation to HoH 1
Persons with Unknown Household Type 0
Errors Good Records
Age
Sleeping Location
Gender
Ethnicity
Race
Relation To HoH
Household Type
0 10 20 30 40 50 60 70 80 90 100
Generated from the Regional Command Center on 02/02/2023Report ID: 1188475957 Page 2 of 13
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All Households
Households with at Least One Adult and One Child
Household and Person Breakdown
Total number of households 9
Total number of persons 33
Number of children (under age 18)16
Number of youth (age 18 to 24)2
Number of adults (age 25 to 34)6
Number of adults (age 35 to 44)6
Number of adults (age 45 to 54)2
Number of adults (age 55 to 64)0
Number of adults (age 65 or older)1
Observed age 25 or older 0
Gender
Female 16
Male 12
Transgender 0
A gender other than singularly female or male
(e.g., non-binary, genderfluid, agender,
culturally specific gender)
0
Questioning 0
Ethnicity
Non-Hispanic/Non-Latin(a)(o)(x)19
Hispanic/Latin(a)(o)(x)0
Race
White 14
Black, African American, or African 6
Asian or Asian American 0
American Indian, Alaska Native, or Indigenous 6
Native Hawaiian or Pacific Islander 0
Multiple Races 2
Chronically Homeless
Total number of households 3
Total number of persons 11
Generated from the Regional Command Center on 02/02/2023Report ID: 1188475957 Page 3 of 13
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Race
White Black or African American Asian
American Indian Native Hawaiian Multiple
Gender
Female Male Transgender
A gender other than singularly...Questioning
Generated from the Regional Command Center on 02/02/2023Report ID: 1188475957 Page 4 of 13
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Households without Children
Household and Person Breakdown
Total number of households 217
Total number of persons 225
Number of youth (age 18 to 24)11
Number of adults (age 25 to 34)31
Number of adults (age 35 to 44)58
Number of adults (age 45 to 54)53
Number of adults (age 55 to 64)54
Number of adults (age 65 or older)16
Observed age 25 or older 2
Gender
Female 64
Male 148
Transgender 0
A gender other than singularly female or male
(e.g., non-binary, genderfluid, agender,
culturally specific gender)
3
Questioning 0
Ethnicity
Non-Hispanic/Non-Latin(a)(o)(x)144
Hispanic/Latin(a)(o)(x)8
Race
White 175
Black, African American, or African 37
Asian or Asian American 2
American Indian, Alaska Native, or Indigenous 2
Native Hawaiian or Pacific Islander 0
Multiple Races 5
Chronically Homeless
Total number of persons 53
Generated from the Regional Command Center on 02/02/2023Report ID: 1188475957 Page 5 of 13
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Race
White Black or African American Asian
American Indian Native Hawaiian Multiple
Gender
Female Male Transgender
A gender other than singularly...Questioning
Generated from the Regional Command Center on 02/02/2023Report ID: 1188475957 Page 6 of 13
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Households with Only Children
Household and Person Breakdown
Total number of households 1
Total number of children (persons under age 18)1
Gender
Female 0
Male 1
Transgender 0
A gender other than singularly female or male
(e.g., non-binary, genderfluid, agender,
culturally specific gender)
0
Questioning 0
Ethnicity
Non-Hispanic/Non-Latin(a)(o)(x)1
Hispanic/Latin(a)(o)(x)0
Race
White 1
Black, African American, or African 0
Asian or Asian American 0
American Indian, Alaska Native, or Indigenous 0
Native Hawaiian or Pacific Islander 0
Multiple Races 0
Chronically Homeless
Total number of persons 0
Race
White Black or African American Asian
American Indian Native Hawaiian Multiple
Gender
Female Male Transgender
A gender other than singularly...Questioning
Generated from the Regional Command Center on 02/02/2023Report ID: 1188475957 Page 7 of 13
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Veteran Households
Veteran Households with at Least One Adult and One Child
Household and Person Breakdown
Total number of households 0
Total number of persons 0
Total number of Veterans 0
Gender (veterans only)
Female 0
Male 0
Transgender 0
A gender other than singularly female or male
(e.g., non-binary, genderfluid, agender,
culturally specific gender)
0
Questioning 0
Ethnicity (veterans only)
Non-Hispanic/Non-Latin(a)(o)(x)0
Hispanic/Latin(a)(o)(x)0
Race (veterans only)
White 0
Black, African American, or African 0
Asian or Asian American 0
American Indian, Alaska Native, or Indigenous 0
Native Hawaiian or Pacific Islander 0
Multiple Races 0
Chronically Homeless
Total number of households 0
Total number of persons 0
Race
White Black or African American Asian
American Indian Native Hawaiian Multiple
Gender
Female Male Transgender
A gender other than singularly...Questioning
Generated from the Regional Command Center on 02/02/2023Report ID: 1188475957 Page 8 of 13
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Veteran Households without Children
Household and Person Breakdown
Total number of households 14
Total number of persons 14
Total Number of Veterans 14
Gender (veterans only)
Female 2
Male 11
Transgender 0
A gender other than singularly female or male
(e.g., non-binary, genderfluid, agender,
culturally specific gender)
1
Questioning 0
Ethnicity (veterans only)
Non-Hispanic/Non-Latin(a)(o)(x)13
Hispanic/Latin(a)(o)(x)0
Race (veterans only)
White 11
Black, African American, or African 2
Asian or Asian American 0
American Indian, Alaska Native, or Indigenous 0
Native Hawaiian or Pacific Islander 0
Multiple Races 1
Chronically Homeless
Total number of households 0
Total number of persons 0
Race
White Black or African American Asian
American Indian Native Hawaiian Multiple
Gender
Female Male Transgender
A gender other than singularly...Questioning
Generated from the Regional Command Center on 02/02/2023Report ID: 1188475957 Page 9 of 13
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Youth Households
Unaccompanied Youth Households
Household and Person Breakdown
Total number of unaccompanied youth households 12
Total number of unaccompanied youth 12
Number of unaccompanied youth (under age 18)1
Number of unaccompanied youth (age 18 to 24)11
Gender (unaccompanied youth)
Female 3
Male 8
Transgender 0
A gender other than singularly female or male
(e.g., non-binary, genderfluid, agender,
culturally specific gender)
0
Questioning 0
Ethnicity (unaccompanied youth)
Non-Hispanic/Non-Latin(a)(o)(x)9
Hispanic/Latin(a)(o)(x)0
Race (unaccompanied youth)
White 12
Black, African American, or African 0
Asian or Asian American 0
American Indian, Alaska Native, or Indigenous 0
Native Hawaiian or Pacific Islander 0
Multiple Races 0
Chronically Homeless
Total number of persons 0
Race
White Black or African American Asian
American Indian Native Hawaiian Multiple
Gender
Female Male Transgender
A gender other than singularly...Questioning
Generated from the Regional Command Center on 02/02/2023Report ID: 1188475957 Page 10 of 13
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Parenting Youth
Household and Person Breakdown
Total number of parenting youth households 0
Total number of persons in parenting youth households 0
Total Parenting Youth (youth parents only)0
Total Children in Parenting Youth Households 0
Number of parenting youth under age 18 0
Children in households with parenting youth
under age 18
0
Number of parenting youth age 18 to 24 0
Children in households with parenting youth
age 18 to 24
0
Gender (youth parents only)
Female 0
Male 0
Transgender 0
A gender other than singularly female or male
(e.g., non-binary, genderfluid, agender,
culturally specific gender)
0
Questioning 0
Ethnicity (youth parents only)
Non-Hispanic/Non-Latin(a)(o)(x)0
Hispanic/Latin(a)(o)(x)0
Race (youth parents only)
White 0
Black, African American, or African 0
Asian or Asian American 0
American Indian, Alaska Native, or Indigenous 0
Native Hawaiian or Pacific Islander 0
Multiple Races 0
Chronically Homeless
Total number of households 0
Total number of persons 0
Generated from the Regional Command Center on 02/02/2023Report ID: 1188475957 Page 11 of 13
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Race
White Black or African American Asian
American Indian Native Hawaiian Multiple
Gender
Female Male Transgender
A gender other than singularly...Questioning
Generated from the Regional Command Center on 02/02/2023Report ID: 1188475957 Page 12 of 13
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Additional Homeless Populations (Adults Only)
Adults with a Serious Mental Illness 32
Adults with a Substance Use Disorder 39
Adults with HIV/AIDS 3
Adult Survivors of Domestic Violence (optional)17
Adults with Condition Adults without Condition
Serious Mental Illness
Substance Use Disorder
HIV/AIDS
Survivors of Domestic Violence
-40 -30 -20 -10 0 10 20 30 40 50 60 70 80 90 100
Generated from the Regional Command Center on 02/02/2023Report ID: 1188475957 Page 13 of 13
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CITY OF CRESTVIEW Item # 6.1.
Staff Report
CITY COUNCIL MEETING DATE: March 13, 2023
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Maryanne Schrader, City Clerk
DATE: 3/6/2023
SUBJECT: Approval of the City Council Regular Meeting Minutes from February 27, 2023
BACKGROUND:
This is a routine approval of the minutes.
DISCUSSION:
The draft minutes were distributed prior to the meeting.
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
n/a
RECOMMENDED ACTION
Staff respectfully requests a motion to approve the minutes of February 27, 2023.
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Attachments
1. 02272023 City Council Regular Meeting Minutes Draft
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City Council Minutes - Draft
February 27, 2023
6:00 p.m.
Council Chambers
1.Call to Order
The Regular Meeting of the Crestview City Council was called to order at 6:00 p.m. by
Mayor JB Whitten. Board members present: Mayor Pro-Tem Andrew Rencich, Council
members: Doug Capps, Cynthia Brown, Joe Blocker, and Ryan Bullard. Also present:
City Manager Tim Bolduc, City Clerk Maryanne Schrader, City Attorney Jonathan
Holloway, and various staff members.
2.Invocation, Pledge of Allegiance
2.1.Pastor Jeff Childers of The Shepherd's Church
The Invocation and Pledge of Allegiance was led by Pastor Jeff Childers of The
Shepherd's Church.
3.Open Policy Making and Legislative Session
Mayor JB Whitten established a quorum.
4.Approve Agenda
Mayor JB Whitten called for action.
Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Joe
Blocker to approve the agenda, as presented.
Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard.
All ayes. Motion carried.
5.Presentations and Reports
Nothing scheduled.
6.Consent Agenda
Mayor JB Whitten called for action.
Motion by Councilmember Douglas Capps and seconded by Councilmember Ryan
Bullard to approve the Consent agenda, as presented.
Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard.
All ayes. Motion carried.
6.1.Approval of the minutes of February 13, 2023
6.2.Appointment to the Crestview Housing Authority
7.Public Hearings / Ordinances on Second Reading
None scheduled.
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8.Ordinances on First Reading
8.1.Amendment to the Code of Ordinances Chapter 38 - Property Maintenance and
Housing Standards
City Manager T. Bolduc presented Ordinance 1918 to the City Council amending
Chapter 38. He explained that he moved Code Enforcement to the police department.
He received comments from the employees, as there were crossovers between
building officials and Code Enforcement, as well as the need to clarify definitions.
Based on the input, changes were made to the existing ordinance.
City Manager T. Bolduc asked the City Clerk to read the ordinance.
City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance of the City
of Crestview, Florida, Amending Chapter 38 Property Maintenance and Housing
Standards, of the Code of Ordinances; Providing For Intent; Providing For Authority;
Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal
Interpretation; and Providing For an Effective Date.
City Manager T. Bolduc said Councilmember D. Capps pointed out that there is a
grammatical error in the exterior finishing area, adding it would be corrected before
Second Reading.
Mayor JB Whitten called for comment from the City Council and the public. Hearing
none, he called for action.
Motion by Councilmember Ryan Bullard and seconded by Councilmember Joe
Blocker to approve Ordinance 1918 on 1st Reading and move to 2nd Reading for
final adoption.
Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan
Bullard. All ayes. Motion carried.
9.Resolutions
None brought forward.
10.1.City Manager Annual Performance Evaluation
HR Director Jessica Leavins stated the evaluation forms for City Manager T. Bolduc
have been returned. She went over the core values that the evaluations are based on.
She stated the average score was 2.84.
Mayor JB Whitten remarked that he works closely with the city manager and has
observed his workload. He mentioned he reviewed other cities’ pay for comparables
stating a city nearby hired an interim city manager at a rate of $20,000 more. He
asked that the pay be raised to 10%, as he wants him in the ballpark. He added that
City Manager T. Bolduc has saved our city money.
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Councilmember D. Capps reiterated the comment, stating we have more projects and
buildouts than the other surrounding cities.
Discussion ensued from Council agreeing that our salaries should be held in line.
Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember
Cynthia Brown moved to accept the evaluations and increase the salary of the city
manager to 10%.
Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan
Bullard. All ayes. Motion carried.
City Manager T. Bolduc said it was an absolute honor to serve the city adding he is
blessed to work with the team he has and is excited for what is to come.
10.2.Support in Developing EPA WIFIA Loan Application
Public Services Director Michael Criddle explained the water infrastructure federal
funding will fund 49% of the project. This project will bring infrastructure to the
west side stating those who tie on will provide the funding. He added we plan to
double the capacity of the WWTP.
City Manager T. Bolduc asked about the relocation of the disposal, and M. Criddle
replied that it is part of the infrastructure project.
City Manager T. Bolduc explained this will help us open up the sports complex, as
we are looking to relocate the disposal, as it will aid in the placement of the sports
complex.
Mayor Pro-Tem A. Rencich asked about the engineering and construction. M.
Criddle replied the total fee package is encompassed in the funding, which is around
$300,000, however this piece is in the amount of $67,700.
Public Services Director Michael Criddle explained that Jacobs will assist the city in
preparing a Letter of Interest in developing support for the Environmental Protection
Agency (EPA) Water Infrastructure Finance and Innovation Act (WIFIA) Loan.
Jacobs will support the City in finalizing and submitting the LOI to EPA.
Mayor JB Whitten called for action from the City Council and the public. In hearing
none, he called for action.
Motion by Councilmember Cynthia Brown and seconded by Mayor Pro-Tem
Andrew Rencich to approve the recommendation for the Mayor to execute Task
Order 2023-09.
Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan
Bullard. All ayes. Motion carried.
10.3.Permission to secure price for fire trucks
Fire Chief Anthony Holland mentioned the agreement with Ten-8 will lock in the
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price for the two pieces of apparatus. The vendor must secure the agreement by
February 28th as the amount increases on March 1st. It will be a seven-year lease for
two pumper trucks to be fully loaded and equipped for $1,604,093.66 dollars.
City Manager T. Bolduc said the rates on the trucks are competitive and part of the
upcoming budget cycle.
Discussion ensued on the aging of the fleet and the need for our fourth station. The
benefits of leasing versus purchasing was also discussed.
Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember
Cynthia Brown to accept the staff and leasing options, as presented.
Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan
Bullard. All ayes. Motion carried.
10.4.Letter of Support for Mayor JB Whitten
City Manager T. Bolduc said this was presented at the last meeting. The NWFL and
FLC supports the initiative adding that Mayor Pro-Tem Rencich will be signing the
letter of support.
Councilmember C. Brown said the lead Mayor Whitten has taken on the Opioid
crisis was big.
Mayor JB Whitten relinquished the gavel to Mayor Pro-Tem A. Rencich for the vote.
Motion by Councilmember Cynthia Brown and seconded by Councilmember
Douglas Capps approving the City Council to sign a Letter of Support for Mayor JB
Whitten for nomination to the 2nd VP for Florida League of Cities.
Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan
Bullard. All ayes. Motion carried.
Mayor JB Whitten took back the gavel for the remainder of the meeting.
11.City Clerk Report
11.1.Appointment of Bryan Follmar as a full member of the Planning and Development
Board
City Clerk M. Schrader stated a vacancy occurred in January on the Planning and
Development Board and requested a motion for Bryan Follmar, currently the
alternate, to be appointed as a regular member.
Motion by Councilmember Douglas Capps and seconded by Councilmember
Cynthia Brown to appoint Bryan Follmar as a regular member of the Planning and
Development Board with the full term to begin at the first meeting in March 2023.
Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan
Bullard. All ayes. Motion carried.
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11.2.Planning and Development Board Volunteer Needed
City Clerk M. Schrader mentioned that an alternate is needed on the Planning and
Development Board. Those interested who live within the city limits, who are
interested can apply on the City website or contact the office of the City Clerk.
12.City Manager Report
12.1.Financial Update - Finance Director
City Manager T. Bolduc announced that the update for the financials are provided.
City Manager T. Bolduc said he had participated with NWFL College to review their
Strategic Plan and liked their method. He asked the City Council to invite civic
leaders who would like to participate with our Strategic Plan process. He mentioned
the meeting is scheduled for March 29th.
12.2.Fire Department Report - Fire Chief Anthony Holland
Fire Chief Anthony Holland provided a presentation to the City Council. He went
over the statistics of the 2022 response calls. He stated there were over 4,093 calls
between EMS and fire. He stated there were 107 fire calls, false alarms have
increased, 68 calls for Mutual Aid, an increase of 101 calls over last year, and 396
motor vehicle accidents.
In response to City Manager T. Bolduc and his question on what the Strategic
Planning has done for the fire department, Fire Chief A. Holland said we have
implemented eight goals for one year. He stated that communications have improved.
Protective Gear is on order which will provide staff with primary and secondary sets.
They have grant opportunities for safety equipment. They are reviewing policies and
he has formed a Station committee that will assist in budgeting. They are working on
the same radio system as the County. The fire tower is operating and March 23rd is
the Ribbon Cutting.
In response to Mayor Pro-Tem A. Rencich, Fire Chief A. Holland replied they do not
have any vacancies.
In response to Councilmember D. Capps regarding paramedics running calls, City
Manager T. Bolduc replied that we are getting all the systems in place. We are trying
to stay competitive and on budget. However, we are not ready to provide the service.
We need to have Station 4 running before adding the paramedics component. He
added we are working on getting them certified.
13.Comments from the Mayor and Council
13.1.Appointment of Ray Nelson to the Citizen's Advisory Council
Mayor JB Whitten announced the appointment of Ray Nelson to the Citizens'
Advisory Council as a vacancy occurred.
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13.2.Letter of Support for Restoring Passenger Rail in Pensacola/North Florida
Mayor JB Whitten said the federal government has funded rail travel. The passenger
service will include Crestview. We are partnering with other cities and will bring
back a resolution of support.
Councilmember C. Brown said Ryan Knox was one of the first to serve on the CAC
and has done a marvelous job and wished him well.
Councilmember Joe Blocker asked the city attorney to look into a certain individual
harassing the Council and citizens.
Mayor Pro-Tem A. Rencich had successful meetings with delegates in Tallahassee.
He also mentioned the success of the Unity Walk.
Mayor JB Whitten and Councilmember D. Capps also went to Tallahassee and went
over how successful the trip was stating the brunt of the training tower was provided
based on a trip that was made a few years ago. He also mentioned that yesterday one
of our citizens was able to save an individual from an accidental overdose. They are
planning to meet with the County to gain their support in the opioid initiative.
14.Comments from the Audience
Mayor JB Whitten asked if the public had any comments. No one came forward.
15.Adjournment
Mayor JB Whitten adjourned the meeting at 7:04 p.m.
Minutes approved this __ day of __, 2023.
___________________________________________________________
JB Whitten
Mayor
Maryanne Schrader
City Clerk
Proper Notice having been duly given
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CITY OF CRESTVIEW Item # 6.2.
Staff Report
CITY COUNCIL MEETING DATE: March 13, 2023
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Maryanne Schrader
DATE: 3/6/2023
SUBJECT: Approval of the Crestview Unlimited, Inc. Regular Meeting Minutes of February 27, 2023
BACKGROUND:
Routine approval of prior meeting minutes.
DISCUSSION:
The draft minutes were distributed prior to the meeting.
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
n/a
RECOMMENDED ACTION
Staff respectfully requests a motion to approve the minutes of February 27. 2023.
Page 26 of 151
Attachments
1. 02272023 Crestview Unlimited Inc. Regular Meeting Minutes Draft
Page 27 of 151
1 | P a g e
Crestview Unlimited, Inc. - DRAFT
Regular Meeting Minutes
February 27, 2023
5:00 p.m.
Council Chambers
1.Call to Order
The Regular Meeting of the Crestview Unlimited, Inc. was called to order at 5:00 p.m. by Mayor JB
Whitten. Board members present: Mayor Pro-Tem Andrew Rencich, Council members: Doug Capps,
Cynthia Brown, Joe Blocker, and Ryan Bullard. Also present: City Manager Tim Bolduc, City Clerk
Maryanne Schrader, City Attorney Jonathan Holloway, and various staff members.
2.Presentations and Reports
2.1.GreatGolf Presentation
City Manager Tim Bolduc explained that Great Life Golf and Fitness recently merged with Brown
Golf to create Great LIFE Golf. He mentioned PJ Politan is present to go over the merge.
City Manager T. Bolduc suggested separating the restaurant portion in the agreement, as we want to
have a clear representation of the loans associated with the golf course.
PJ Politan, C.O.O., Great LIFE Golf, provided an overview of the company to the City Council.
He reviewed the company brands, such as signature, premier, classic, and destination. He
highlighted initiatives in terms of discounts and marketing tools they utilize in connection with the
social media, radio, email, and Hero Program.
PJ Politan provided a financial update stating they review the financials daily, as the goal is to be
self-sustaining. He displayed the budget depicting the revenue and capital improvement. He
highlighted the projects including issues such as drainage and clean up. He also went over the
objectives.
3.Action Items
None required.
4.Comments from the Mayor and Council
Councilmember R. Bullard mentioned the promotion for active-duty members and liked to see more. In
clarification, PJ replied, the military discount is always 10% and once a month, a discount of fifty percent
is offered.
In response to Councilmember C. Brown about school and club usage, PJ responded schools are able to
utilize the course, and there will be a lot of events and tournaments scheduled.
Councilmember J. Blocker mentioned the revenue exceeding the expenses, and PJ said we had positive
revenue in December and January. They expect positive cash flow in February, March, April and through
Mother's Day. He added usage usually tapers off in the summer months. He added they have a good
percentage of walk-on traffic.
Mayor Pro-Tem A. Rencich asked about the need for the separation of the golf course and restaurant, and
PJ said they are focused on the golf course, as that is what supports the revenue.
Page 28 of 151
5.Comments from the Audience
Mike Roy said he is plays three times a week adding the staff is doing a great job, and he can see the
growth. The drainage problem is the only issue.
City Manager Tim Bolduc recommended that we continue with the amendment to separate the golf course
from the restaurant. The second is to move the employees from the city, as it is everyone's interest for the
management to handle the employment. He will bring a contract back to the Council.
6.Adjournment
Mayor JB Whitten adjourned the meeting at 5:40 p.m.
Minutes approved this __ day of __, 2023.
_____________________________________
JB Whitten
Mayor
ATTEST:
____________________________________
Maryanne Schrader
City Clerk
Proper Notice having been duly given
Page 29 of 151
CITY OF CRESTVIEW Item # 6.3.
Staff Report
CITY COUNCIL MEETING DATE: March 13, 2023
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Robin Thrailkill, Executive Assistant, Michael Criddle, Public Services Director
DATE: 3/9/2023
SUBJECT: Purchase Petersen TL-3 Knuckleboom Loader Truck
BACKGROUND:
The Public Services Department continues to upgrade our equipment. The current knuckleboom loader truck is
seven years old (2016 YM), and has experienced increasing amounts of downtime. This new truck will be
utilized for maintenance of streets and right-of-ways inside the city.
DISCUSSION:
The requested machinery will enhance all divisions in Public Services and will allow for debris to be collected
in a timely manner, and for storm clean-up to be swiftly completed. Costs of operation and maintenance will be
considerably lower for the next several years than with the current truck. The knuckleboom truck currently in
use will be used for backup purposes once the new model is received.
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.
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
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
FINANCIAL IMPACT
The equipment will be purchased from Environmental Products Group (EPG), which is the only provider for
Okaloosa County, at a cost of $194,045.92. The City will piggyback off of Sourcewell Contract #040621-
PII. This is a budgeted item, and will be funded primarily from 441-1834-534.64-00 Equipment Purchase, of
which $190,000.00 was budgeted. The remaining $4,045.92 will be paid by transferring from the Landfill
account, 441-1834-534.3900. Equipment prices continue to increase, and the small overage (just over 2%) is
due to this.
Page 30 of 151
RECOMMENDED ACTION
Staff respectfully requests the purchase of one Petersen TL-3 Loader knuckleboom truck using Sourcewell
Contract #040621-PII (attached) for use within the city limits to more efficiently remove debris, to be shared
among the street and stormwater divisions at the Public Services Department.
Attachments
1. 2023 Petersen TL-3 Crestview, FL Freightliner
2. Petersen_Ind._Contract_040621
3. RFP and Addendums-Bulk Solid Waste 040621
4. Board Resolutions
Page 31 of 151
David Hardin | (205)684-1646 | DHardin@myEPG.com
Proposal Summary
Prepared for:
Crestview, FL
Petersen TL-3 Base Loader
Crestview, FL
Page 32 of 151
David Hardin | (205)684-1646 | DHardin@myEPG.com Page 2 of 4
Mr. Allen Hallford
February 24, 2023
Petersen -TL-3 Loader
Environmental Products would like to thank you for the opportunity to
present the Petersen TL-3 Lightning Loader.
Environmental Products Group is the sole provider of Petersen Grapple
Trucks and Lightning Loaders in the state of Alabama, as well as many other
leading industry product lines including: Elgin Street Sweepers, Vactor
Sewer Cleaning Equipment, Envirosight Pipeline Inspection Cameras, PB
Asphalt Pothole Patchers, Madvac Sweepers and Vacuums, and a host of
parts, tools and accessories for all your needs.
Environmental Products Group prides itself on our local parts, service, and
training capabilities. With multiple full-service locations throughout
Florida, Alabama, Georgia, and Memphis, Tennessee; including Vactor,
Elgin, and Envirosight repair centers, extensive parts inventory, factory-
trained technicians, mobile parts and service, rentals, turnkey maintenance
packages, leasing options, and much more… we are ready to service your
every need.
Thank you for your consideration.
Page 33 of 151
David Hardin | (205)684-1646 | DHardin@myEPG.com Page 3 of 4
Product Description
Petersen TL-3 Base Loader
Standard Loader Features
• Model TL-3 Base Loader
• Extension Boom 16FT Fixed 4FT Extension
• Heavy Duty Swing Motor
• Grating Heat Shield
• Standard Height Pedestal
• Quad Stick Controls
• Standard Bucket 60” (Single Cylinder)
• Boom-Up Warning Light/Audible Alarm
• Tandem Pump
• HD Control Box, Throttle Engine Kill & Horn
• Painted Single Color Orange
Dump Body Features
• 1824 Hardox Body (18 Foot x 24 Cubic Yard)
• Self-Winding Load Tarp
• Standard Barn Doors
• Wire Loom for Body Wiring
• Amber Flashers in Rear Corner Post
• LED Body Lights
• ANSI Z245 Package
• Body Color: Black
Chassis:
• 2024 Freightliner M2-106
• 300HP Cummins B6.7
• Allison 3500 RDS Transmission
• 33K GVWR
Page 34 of 151
David Hardin | (205)684-1646 | DHardin@myEPG.com Page 4 of 4
Sale Price: $194,045.92 (Sourcewell Contract #040621-PII)
• Includes Delivery
• 40hr Hydraulic Filter Change
Please don’t hesitate to call with questions, or if you need any additional information. Thank
you for your interest and the opportunity to earn your business.
Signature Date
Sourcewell is a national municipal contracting agency committed to serving its Members
purchasing needs. Sourcewell is driven to provide efficient public service through our national
contract purchasing solutions and other related programs. Sourcewell is able to do this as they
work together, creating a unified purchasing alliance that is valued by both
Sourcewell Members and contracted suppliers.
Both Vactor Sewer Cleaners and Elgin Street Sweepers are available on this contract. Contract
#031710-FSC is for Public Utility Vehicles and Services, Apparatus, Equipment and
Accessories.
Page 35 of 151
David Hardin | (205)684-1646 | DHardin@myEPG.com Page 5 of 4
Page 36 of 151
040621-PII
Rev. 10/2020 1
Solicitation Number: RFP #040621
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Petersen Industries, Inc., 4000 S.R. 60 W., Lake Wales, FL 33859
(Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to federal,
state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Bulk Solid Waste and Recycling Equipment from
which Vendor was awarded a contract.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires June 2, 2025, unless it is cancelled
sooner pursuant to Article 22. This Contract may be extended up to one additional one-year
period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this
Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
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040621-PII
Rev. 10/2020 2
All Equipment and Products provided under this Contract must be new/current model. Vendor
may offer close-out or refurbished Equipment or Products if they are clearly indicated in
Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and
distributors must agree to assist the Participating Entity in reaching a resolution in any dispute
over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past
the expiration of the Vendor’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will
make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers,
distributors, and/or resellers relative to the Equipment, Products, and Services related to this
Contract. This list may be updated from time-to-time and is incorporated into this Contract by
reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current
version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s
Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Vendor must permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
Page 38 of 151
040621-PII
Rev. 10/2020 3
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally
delivers substandard or inferior Equipment or Products. In the event of the delivery of
nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon
as possible and the Vendor will replace nonconforming Equipment and Products with
conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax-
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Contract Administrator. This form is available
from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
x Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
x Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
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040621-PII
Rev. 10/2020 4
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity’s
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Vendor understands that a Participating
Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government-
owned facilities, including schools. Vendor’s employees and agents must conduct themselves in
a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating
Entity issues a purchase order, it may use its own forms, but the purchase order should clearly
note the applicable Sourcewell contract number. All Participating Entity orders under this
Contract must be issued prior to expiration of this Contract; however, Vendor performance,
Participating Entity payment, and any applicable warranty periods or other Vendor or
Participating Entity obligations may extend beyond the term of this Contract.
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040621-PII
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Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will
be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of
any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Vendor, such as job or industry-specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entitles may require the use of a
Participating Addendum; the terms of which will be worked out directly between the
Participating Entity and the Vendor. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements (such as e-commerce specifications,
specialized delivery requirements, or other specifications and requirements) not addressed in
this Contract, the Participating Entity and the Vendor may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to
between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and
x Business reviews to Sourcewell and Participating Entities, if applicable.
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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, supply issues, customer issues, and any other
necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract
sales activity report (Report) to the Sourcewell Contract Administrator assigned to this
Contract. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department);
x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Vendor may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
by Participating Entities under this Contract during each calendar quarter. Payments should
note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above “Attn: Accounts Receivable” or remitted electronically to
Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract’s expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s
Authorized Representative changes at any time during this Contract, Vendor must promptly
notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not
waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract, whether written or
oral, may be used to bind either party. For any conflict between the attached Proposal and the
terms set out in Articles 1-22, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
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respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master-servant, or principal-agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their
agents and employees, harmless from any claims or causes of action, including attorneys’ fees,
arising out of the performance of this Contract by the Vendor or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications.
12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and
license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell’s relationship with
Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and
license to use Vendor’s Trademarks in advertising and promotional materials for the
purpose of marketing Vendor’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to its and their respective distributors, marketing
representatives, and agents (collectively “Permitted Sublicensees”) in advertising and
promotional materials for the purpose of marketing the Parties’ relationship to Participating
Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective
sublicensees.
3. Use; Quality Control.
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a. Sourcewell must not alter Vendor’s Trademarks from the form provided by
Vendor and must comply with Vendor’s removal requests as to specific uses of its
trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by
Sourcewell and must comply with Sourcewell’s removal requests as to specific uses
of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party’s Trademarks only in good faith and in a dignified manner consistent
with such party’s use of the Trademarks. Upon written notice to the breaching party,
the breaching party has 30 days of the date of the written notice to cure the breach
or the license will be terminated.
4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits, claims, judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor
in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed
catalog of vendors which may be used until the next printing). Vendor must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Vendor individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator
assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota.
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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party’s reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Vendor will jointly develop a short briefing document that describes the
issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher
level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Vendor must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Vendor fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result
of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party
claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non-defaulting
party may:
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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at
all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office (“ISO”) Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products-completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor
will maintain insurance covering all owned, hired, and non-owned automobiles in limits
of liability not less than indicated below. The coverage must be subject to terms no less
broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or
equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella
coverage over Workers’ Compensation, Commercial General Liability, and Commercial
Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Vendor will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Vendor’s
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data – including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish
to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by
a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide
certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Vendor’s commercial
general liability insurance policy with respect to liability arising out of activities, “operations,” or
“work” performed by or on behalf of Vendor, and products and completed operations of
Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
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insurance applicable to the Vendor or its subcontractors. The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require
similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in
writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Vendor certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Vendor further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require
additional requirements based on specific funding specifications. Within this Article, all
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references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor’s Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing
regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Vendor must be in
compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
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not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Vendor certifies that during the term of an
award for all contracts by Sourcewell resulting from this procurement process, Vendor must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency. Vendor
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor
certifies that during the term of this Contract will comply with applicable requirements as
referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file
any required certifications. Vendors must not have used federal appropriated funds to pay any
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person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures
required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. §
1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this
Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
also includes timely and reasonable access to Vendor’s personnel for the purpose of interview
and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
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22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60
days’ written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to cancellation.
Sourcewell Petersen Industries, Inc.
By: __________________________ By: __________________________
Jeremy Schwartz Casey Hardee
Title: Chief Procurement Officer Title: President/CEO
Date: ________________________ Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
Page 53 of 151
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Bid Number: RFP 040621 Vendor Name: Petersen Industries, Inc.
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Bid Number: RFP 040621 Vendor Name: Petersen Industries, Inc.
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RFP #040621
REQUEST FOR PROPOSALS
for
Bulk Solid Waste and Recycling Equipment
Proposal Due Date: April 6, 2021, 4:30 p.m., Central Time
Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting
proposals for Bulk Solid Waste and Recycling Equipment to result in a contracting solution for use
by its Participating Entities. Sourcewell Participating Entities include thousands of governmental,
higher education, K-12 education, nonprofit, tribal government, and other public agencies
located in the United States and Canada. A full copy of the Request for Proposals can be found
on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals
submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no
later than April 6, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered.
Solicitation Schedule
Public Notice of RFP Published: February 16, 2021
Pre-proposal Conference: March 16, 2021, 10:00 a.m., Central Time
Question Submission Deadline: March 30, 2021, 4:30 p.m., Central Time
Proposal Due Date: April 6, 2021, 4:30 p.m., Central Time
Late responses will not be considered.
Opening: April 6, 2021, 6:30 p.m., Central Time **
** SEE RFP SUB-SECTION V. G. “OPENING”
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I. ABOUT SOURCEWELL PARTICIPATING ENTITIES
A. SOURCEWELL
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates
a competitive public solicitation and contract award process for the benefit of its 50,000+
participating entities across the United States and Canada. Sourcewell’s solicitation process
complies with State of Minnesota law and policies, conforms to Canadian trade agreements,
and results in cooperative contracting solutions from which Sourcewell’s Participating Entities
procure equipment, products, and services.
Cooperative contracting provides participating entities and vendors increased administrative
efficiencies and the power of combined purchasing volume that result in overall cost savings. At
times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing
volume of their membership into a single solicitation and contract expanding the reach of
contracted vendors’ potential pool of end users.
Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which
all proposals to this RFP must be submitted.
B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell’s contracts are available for use by:
Federal and state government entities;
Cities, towns, and counties/parishes;
Education service cooperatives;
K-12 and higher education entities;
Tribal government entities;
Some nonprofit entities; and
Other public entities.
In Canada, Sourcewell’s contracts are available for use by:
Provincial and territorial government departments, ministries, agencies, boards,
councils, committees, commissions, and similar agencies;
Regional, local, district, and other forms of municipal government, municipal
organizations, school boards, and publicly-funded academic, health, and social service
entities referred to as MASH sector (this should be construed to include but not be
limited to the Cities of Calgary, Edmonton, Toronto, Calgary, Ottawa, and Winnipeg), as
well as any corporation or entity owned or controlled by one or more of the preceding
entities;
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Crown corporations, government enterprises, and other entities that are owned or
controlled by these entities through ownership interest;
Members of the Rural Municipalities of Alberta (RMA) and their represented
Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan
Urban Municipalities Association (SUMA), Association of Manitoba Municipalities
(AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador
(MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince
Edward Island Municipalities (FPEIM).
For a listing of current United States and Canadian Participating Entities visit Sourcewell’s
website (note: there is a tab for each country’s listing): https://www.sourcewell-
mn.gov/sourcewell-for-vendors/agency-locator.
Access to contracted equipment, products, or services by Participating Entities is typically
through a purchase order issued directly to the applicable vendor. A Participating Entity may
request additional terms or conditions related to a purchase. Use of Sourcewell contracts is
voluntary and Participating Entities retain the right to obtain similar equipment, products, or
services from other sources.
To meet Participating Entities’ needs, public notice of this RFP has been broadly published,
including notification in the United States to each state-level procurement department for
possible re-posting.
Proof of publication will be available at the conclusion of the solicitation process.
II. EQUIPMENT, PRODUCTS, AND SERVICES
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell
is seeking equipment, products, or services that meet the general requirements of the scope of
this RFP and that are commonly desired or are required by law or industry standards.
B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that Proposers will offer a wide array of equipment, products, or services at lower
prices and with better value than what they would ordinarily offer to a single government
entity, a school district, or a regional cooperative.
1. Sourcewell is seeking proposals for Bulk Solid Waste and Recycling Equipment,
including, but not limited to:
a. Commercial and institutional-sized refuse and recycling containers, roll-off
containers, collection bins, and dumpsters of metal construction;
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b. Knuckleboom and grapple loaders, hook and hoist dumpster loaders, roll-off trucks,
and container handlers; and,
c. Refuse and recyclable material balers and compactors.
2. This solicitation should NOT be construed to include:
a. Chassis-only solutions; and
b. Refuse collection services.
3. This solicitation does not include those equipment, products, or services covered under
categories included in contracts currently maintained by Sourcewell:
a. Recycling and Repurposing Equipment with Related Accessories, Supplies, and
Services (RFP #050119)
b. Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services
(RFP #091219)
c. Industrial and Workplace Storage Systems with Related Accessories (RFP #010920)
d. Fleet Management Technologies with Related Software Solutions (RFP #020221)
e. Plastic Refuse and Recycling Containers with Related Technology Solutions (RFP
#TBD)
Proposers may include related equipment, accessories, and services to the extent that these
solutions are complementary to the equipment, products, or service(s) being proposed.
Generally, the solutions for Participating Entities are turn-key solutions, providing a
combination of equipment, products and services, delivery, and installation to a properly
operating status. However, equipment or products only solutions may be appropriate for
situations where Participating Entities possess the ability, either in-house or through local third-
party contractors, to properly install and bring to operation the equipment or products being
proposed.
Sourcewell prefers vendors that provide a sole source of responsibility for the products and
services provided under a resulting contract. If Proposer requires the use of dealers, resellers,
or subcontractors to provide the products or services, the Proposal should address how the
products or services will be provided to Participating Entities and describe the network of
dealers, resellers, and/or subcontractors that will be available to serve Participating Entities
under a resulting contract.
Sourcewell desires the broadest possible selection of equipment, products, and services being
proposed over the largest possible geographic area and to the largest possible cross-section of
Sourcewell current and future Participating Entities.
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C. REQUIREMENTS
It is expected that Proposers have knowledge of all applicable industry standards, laws, and
regulations and possess an ability to market and distribute the equipment, products, or services
to Participating Entities.
1. Safety Requirements. All items proposed must comply with current applicable safety or
regulatory standards or codes.
2. Deviation from Industry Standard. Deviations from industry standards must be
identified with an explanation of how the equipment, products, and services will
provide equivalent function, coverage, performance, and/or related services.
3. New Equipment and Products. Proposed equipment and products must be for new,
current model; however, Proposer may offer certain close-out equipment or products if
it is specifically noted in the Pricing proposal.
4. Delivered and operational. Unless clearly noted in the Proposal, equipment and
products must be delivered to the Participating Entity as operational.
5. Warranty. All equipment, products, supplies, and services must be covered by a
warranty that is the industry standard or better.
D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to
two one-year extensions may be offered based on the best interests of Sourcewell and its
Participating Entities.
E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from
contracts resulting from this RFP are anticipated to be USD $20 Million; therefore, proposers
are expected to propose volume pricing. Sourcewell anticipates considerable activity under the
contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract
are not guaranteed.
F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.
The Proposer’s Marketing Plan should demonstrate Proposer’s ability to deploy a sales force or
dealer network to Participating Entities, as well as Proposer’s sales and service capabilities. It is
expected that Proposer will promote and market any contract award.
G. ADDITIONAL CONSIDERATIONS
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1. Contracts will be awarded to Proposers able to best meet the need of Participating
Entities. Proposers should submit their complete line of equipment, products, or
services that are applicable to the scope of this RFP.
2. Proposers should include all relevant information in its proposal, since Sourcewell
cannot consider information that is not included in the Proposal. Sourcewell reserves
the right to verify Proposer’s information and may request clarification from a Proposer,
including samples of the proposed equipment or products.
3. Depending upon the responses received in a given category, Sourcewell may need to
organize responses into subcategories in order to provide the broadest coverage of the
requested equipment, products, or services to Participating Entities. Awards may be
based on a subcategory.
4. A Proposer’s documented negative past performance with Sourcewell or its
Participating Entities occurring under a previously awarded Sourcewell contract may be
considered in the evaluation of a proposal.
III. PRICING
A. REQUIREMENTS
All proposed pricing must be:
1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of
these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must
indicate the Vendor’s published “List Price,” as well as the “Contract Price.”
b. Percentage Discount from Catalog or Category is based on a percentage discount from
a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price
(MSRP) for the products or services. Individualized percentage discounts can be
applied to any number of defined product groupings. Proposers will be responsible
for providing and maintaining current published MSRP with Sourcewell, and this
pricing must be included in its proposal and provided throughout the term of any
Contract resulting from this RFP.
2. The Proposer’s ceiling price (Ceiling price means that the proposed pricing will be
considered as the highest price for which equipment, products, or services may be billed
to a Participating Entity). However, it is permissible for vendors to sell at a price that is
lower than the contracted price;
3. Stated in U.S. and Canadian dollars (as applicable); and
4. Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the
cost of the proposed equipment, products, and services delivered and operational for its
intended purpose in the Participating Entity’s location).
Proposers should clearly identify any costs that are NOT included in the proposed product or
service pricing. This may include items such as installation, set up, mandatory training, or initial
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inspection. Include identification of any parties that impose such costs and their relationship to
the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or
delivery methods or options offered in the Proposal.
B. ADMINISTRATIVE FEES
Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell
facilitating the resulting contracts. The administrative fee is normally calculated as a percentage
of the total sales to Participating Entities for all contracted equipment, products, or services made
during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some
categories, a flat fee may be an acceptable alternative.
IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see
attached template). Only those modifications the Proposer indicates in its proposal will be
available for discussion. Much of the language in the Contract reflects Minnesota legal
requirements and cannot be altered. Numerous and/or onerous exceptions that contradict
Minnesota law may result in the Proposal being disqualified from further review and
evaluation.
To request a modification to the Contract terms, conditions, or specifications, a Proposer must
complete and submit the Exceptions to Terms, Conditions, or Specifications table, with all
requested modifications, through the Sourcewell Procurement Portal at the time of submitting
the Proposer’s Proposal. Exceptions must:
1. Clearly identify the affected article and section, and
2. Clearly note what language is requested to be modified.
Unclear requests will be automatically denied.
Only those exceptions that have been accepted by Sourcewell will be included in the contract
document provided to the awarded vendor for signature.
If a Proposer receives a contract award resulting from this solicitation it will have up to 30 days
to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract
award may be revoked.
V. RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the
date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The
purpose of this conference is to allow potential Proposers to ask questions regarding this RFP
and Sourcewell’s competitive contracting process. Information about the webcast will be sent
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to all entities that have registered for this solicitation opportunity through their Sourcewell
Procurement Portal Vendor Account. Pre-proposal conference attendance is optional.
B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.
The deadline for submission of questions is found in the Solicitation Schedule and on the
Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to
this RFP. Repetitive questions will be summarized into a single answer and identifying
information will be removed from the submitted questions.
All questions, whether specific to a Proposer or generally related to the RFP, must be submitted
using this process. Do not contact individual Sourcewell staff to ask questions or request
information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not
respond to questions submitted after the deadline.
C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an
addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to
potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability
in connection with the delivery of any addenda.
Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if
any, must be acknowledged by the Proposer by checking the box for each addendum. It is the
responsibility of the Proposer to check for any addenda that may have been issued up to the
solicitation due date and time.
If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement
Portal will WITHDRAW the submission and change the Proposer’s proposal status to
INCOMPLETE. The Proposer can view this status change in the “MY BIDS” section of the
Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to check the
“MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after
submitting its Proposal (and up to the Proposal due date). If the Proposer’s Proposal status has
changed to INCOMPLETE, the Proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal
no later than the Proposal Due Date and time shown in the Solicitation Schedule above.
D. PROPOSAL SUBMISSION
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Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal
no later than the date and time specified in the Solicitation Schedule. Any other form of
proposal submission, whether electronic, paper, or otherwise, will not be considered by
Sourcewell. Late proposals will not be considered. It is the Proposer’s sole responsibility to
ensure that the proposal is received on time.
It is recommended that Proposers allow sufficient time to upload the proposal and to resolve
any issues that may arise. The time and date that a Proposal is received by Sourcewell is solely
determined by the Sourcewell Procurement Portal web clock.
In the event of problems with the Sourcewell Procurement Portal, follow the instructions for
technical support posted in the portal. It may take up to twenty-four (24) hours to respond to
certain issues.
Upon successful submission of a proposal, the Portal will automatically generate a confirmation
email to the Proposer. If the Proposer does not receive a confirmation email, contact
Sourcewell’s support provider at support@bidsandtenders.ca.
To ensure receipt of the latest information and updates via email regarding this solicitation, or
if the Proposer has obtained this solicitation document from a third party, the onus is on the
Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this
solicitation opportunity.
Within the Procurement Portal, all proposals must be digitally acknowledged by an authorized
representative of the Proposer attesting that the information contained in in the proposal is
true and accurate. By submitting a proposal, Proposer warrants that the information provided
is true, correct, and reliable for purposes of evaluation for potential contract award. The
submission of inaccurate, misleading, or false information is grounds for disqualification from a
contract award and may subject the Proposer to remedies available by law.
E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
In substantial compliance with the requirements of this RFP or it will be considered
nonresponsive and be rejected.
Complete. A proposal will be rejected if it is conditional or incomplete.
Submitted in English.
Valid and irrevocable for 90 days following the Proposal Due Date.
Any and all costs incurred in responding to this RFP will be borne by the Proposer.
F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a Proposer may withdraw its proposal.
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G. OPENING
The Opening of Proposals will be conducted electronically through the Sourcewell Procurement
Portal. A list of all Proposers will be made publicly available in the Sourcewell Procurement
Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation
Schedule.
To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list
search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed”
after the Proposal Due Date and Time.
VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible
Proposer(s) offering the best overall quality, selection of equipment, products, and services,
and price that meet the commonly requested specifications of Sourcewell and its Participating
Entities. The award(s) will be limited to the number of Proposers that Sourcewell determines is
necessary to meet the needs of Participating Entities. Factors to be considered in determining
the number of contracts to be awarded in any category may include the following:
The number of and geographic location of:
o Proposers necessary to offer a comprehensive selection of equipment, products, or
services for Participating Entities’ use.
o A Proposer’s sales and service network to assure availability of product supply and
coverage to meet Participating Entities’ anticipated needs.
Total evaluation scores.
The attributes of Proposers, and their equipment, products, or services, to assist
Participating Entities achieve environmental and social requirements, preferences, and
goals. Information submitted as part of a proposal should be as specific as possible
when responding to the RFP. Do not assume Sourcewell’s knowledge about a specific
vendor or product.
B. AWARD(S)
Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and
requirements of the RFP, and consistent with the award criteria defined in this RFP.
Sourcewell may request written clarification of a proposal at any time during the evaluation
process.
Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator
Scoring Guide (available in the Sourcewell Procurement Portal):
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Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200
Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell’s
Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.
Box 219, Staples, MN 56479. The protest must be received no later than 10 calendar days’
following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by
Sourcewell no later than 4:30 p.m., Central Time.
A protest must include the following items:
The name, address, and telephone number of the protester;
The original signature of the protester or its representative;
Identification of the solicitation by RFP number;
A precise statement of the relevant facts;
Identification of the issues to be resolved;
Identification of the legal or factual basis;
Any additional supporting documentation; and
Protest bond in the amount of $20,000, except where prohibited by law or treaty.
Protests that do not address these elements will not be reviewed.
D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it
is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain
false statements or do not support an attribute or condition stated by the Proposer may be
rejected.
Sourcewell reserves the right to:
Modify or cancel this RFP at any time;
Reject any and all proposals received;
Reject proposals that do not comply with the provisions of this RFP;
Select, for contracts or for discussion, a proposal other than that with the lowest cost;
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Independently verify any information provided in a Proposal;
Disqualify any Proposer that does not meet the requirements of this RFP, is debarred or
suspended by the United States or Canada, State of Minnesota, Participating Entity’s
state or province; has an officer, or other key personnel, who have been charged with a
serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a
reasonable prospect;
Waive or modify any informalities, irregularities, or inconsistencies in the proposals
received;
Clarify any part of a proposal and discuss any aspect of the proposal with any Proposer;
and negotiate with more than one Proposer;
Award a contract if only one responsive proposal is received if it is in the best interest of
Participating Entities; and
Award a contract to one or more Proposers if it is in the best interest of Participating
Entities.
E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will
become public record in accordance with Minnesota Statutes Section 13.591, after negotiations
are complete. Sourcewell considers that negotiations are complete upon execution of a
resulting contract. It is the Proposer’s responsibility to clearly identify any data submitted that it
considers to be protected. Proposer must also include a justification for the classification citing
the applicable Minnesota law.
Sourcewell will not consider the prices submitted by the Proposer to be confidential,
proprietary, or trade secret materials. Financial information, including financial statements,
provided by a Proposer is not considered trade secret under the statutory definition.
The Proposer understands that Sourcewell will reject proposals that are marked confidential or
nonpublic, either substantially or in their entirety.
Page 80 of 151
2/18/2021
Addendum No. 1
Solicitation Number: RFP 040621
Solicitation Name: Bulk Solid Waste and Recycling Equipment
Consider the following Question and Answer to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
Is this RFP for plastic automated roll-out carts?
Answer 1:
Each proposer, in its discretion, will propose the equipment, products, or services that it
deems to fall within the requested equipment, products, or services as described in RFP
Section II. B. Only those products and services within the scope of the RFP will be
included in any contract awarded by Sourcewell as a result of this solicitation. Proposals
are evaluated based on the criteria stated in the RFP.
End of Addendum
Acknowledgement of this Addendum to RFP 040621 posted to the Sourcewell
Procurement Portal on 2/18/2021, is required at the time of proposal submittal.
Page 81 of 151
2/19/2021
Addendum No. 2
Solicitation Number: RFP 040621
Solicitation Name: Bulk Solid Waste and Recycling Equipment
Consider the following Question and Answer to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
Is there a way to download the questionnaires or is it only available for review online?
Answer 1:
After selecting “Start Submission” in the Sourcewell Procurement Portal, a proposer
may navigate to Step 4 – “Preview Bid” and select “Preview My Bid in PDF” if a
downloadable PDF of the questionnaire tables is desired.
End of Addendum
Acknowledgement of this Addendum to RFP 040621 posted to the Sourcewell
Procurement Portal on 2/19/2021, is required at the time of proposal submittal.
Page 82 of 151
SOURCEWELL
STATE OF MINNESOTA
Member______________ moved the adoption of the following Resolution:
RESOLUTION TO APPROVE SOLICITATION AND/OR RE-SOLICITATION OF CATEGORIES
Resolution No. 2020-31
WHEREAS, Sourcewell desires to issue a solicitation, and is seeking permission from the Board to issue a
solicitation, for the categories listed on Appendix A, which is attached and incorporated.
WHEREAS, through the Sourcewell Procurement Policy, the Board designated the Chief Procurement
Officer to administer Sourcewell’s cooperative purchasing and contracting program; and
WHEREAS, the Chief Procurement Officer recommends approval of categories detailed above.
NOW THEREFORE BE IT RESOLVED that the Board of Directors hereby approves the solicitation of
categories.
The motion for the adoption of the foregoing resolution was duly seconded by Member ______________
and the following voted in favor: (list names here)
and the following voted against: (list names here or “NONE”)
whereupon said resolution was declared duly passed and adopted.
ATTEST:
_________________________________
Clerk to the Board of Directors
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Page 83 of 151
APPENDIXA
SOURCEWELLPROCUREMENTDEPARTMENT
BOARDITEMSͲDecember2020
GroundsMaintenanceEquipment,Attachments,andAccessories
NEWCONTRACTS
SupplierName ContractNumber SolicitationTitle
MSCIndustrialSupply 101320ͲMSI "JanitorialSuppliesandEquipmentwithRelatedServices"
StaplesContract&Commercial,LLC101320ͲSCC "JanitorialSuppliesandEquipmentwithRelatedServices"
W.W.Grainger,Inc. 101320ͲWWG "JanitorialSuppliesandEquipmentwithRelatedServices"
DoverFuelingSolutions,Inc. 092920ͲDVR
"AbovegroundFuelandFluidStoragewithRelatedHardware,Software,
andServices"
E.J.Ward,Inc. 092920ͲEJW
"AbovegroundFuelandFluidStoragewithRelatedHardware,Software,
andServices"
Gilbarco,Inc. 092920ͲGVR
"AbovegroundFuelandFluidStoragewithRelatedHardware,Software,
andServices"
Graco,Inc. 092920ͲGRC
"AbovegroundFuelandFluidStoragewithRelatedHardware,Software,
andServices"
JFPetroleumGroup 092920ͲJFA
"AbovegroundFuelandFluidStoragewithRelatedHardware,Software,
andServices"
MultiforceSystemsCorp. 092920ͲMTF
"AbovegroundFuelandFluidStoragewithRelatedHardware,Software,
andServices"
SynͲTechSystems,Inc. 092920ͲSYS
"AbovegroundFuelandFluidStoragewithRelatedHardware,Software,
andServices"
TitanChemicalTransferSolutions,LLC 092920ͲTAN
"AbovegroundFuelandFluidStoragewithRelatedHardware,Software,
andServices"
WesternGlobal 092920ͲWST
"AbovegroundFuelandFluidStoragewithRelatedHardware,Software,
andServices"
CONTRACTEXTENSIONS
SupplierName ContractNumber SolicitationTitle
GilbarcoVeederͲRoot 022217ͲGVR "FleetManagementandRelatedTechnologySolutions"
SynoviaSolutions 022217ͲSSL "FleetManagementandRelatedTechnologySolutions"
PitneyBowes 041917ͲPIT
"MailingandPostageEquipmentwithRelatedSoftware,Accessories,
ServicesandSupplies"
NationalAutoFleetGroup 081716ͲNAF "Class6,7,and8ChassiswithRelatedEquipment"
FalconRoadMaintenance 052417ͲFRM "RoadwayMaintenanceEquipment"
AudioEnhancement,Inc. 111616ͲAEI
"ClassroomAudioTechnologyEquipmentwithRelatedAccessories,
ServicesandSupplies"
NEWezIQCCONTRACTS
CompanyName ContractNumber StateͲRegionͲTypeofWork
ezIQCRENEWALS
CompanyName ContractNumber
MinnesotaExteriors,Inc. MNͲTMAͲR01Ͳ120518ͲMEI
KrausͲAndersonConstructionCompany MNͲSEAͲGC03Ͳ120518ͲKRU
KrausͲAndersonConstructionCompany MNͲSWAͲGC02Ͳ120518ͲKRU
KrausͲAndersonConstructionCompany MNͲNCMͲGC04Ͳ120518ͲKRU
InnovativeBuildersofAlexandria,Inc. MNͲRRVͲGC01Ͳ120518ͲIBA
McDowallCompany MNͲRRVͲR02Ͳ120518ͲMDC
KrausͲAndersonConstructionCompany MNͲIRAͲGC02Ͳ120518ͲKRU
SolidRockConstruction MNͲCMAͲGC03Ͳ120518ͲSRC
KrausͲAndersonConstructionCompany MNͲTMAͲGC05Ͳ120518ͲKRU
NorͲSon,Inc. MNͲIRAͲGC01Ͳ120518ͲNSI
NorͲSon,Inc. MNͲSEAͲGC01Ͳ120518ͲNSI
CO
N
S
E
N
T
AG
E
N
D
A
IT
E
M
S
TreeandVegetationManagementEquipment,Attachments,andAccessories
AuctionServiceswithRelatedSolutions(published12/08/20)
FacilitiesMaintenanceServices
BulkSolidWasteandRecyclingEquipmentwithRelatedServices,AccessoriesandSupplies
SpecialEducationTeletherapyServices
RequestingBoardpermissiontoReͲSolicitthefollowingcategories:
RequestingBoardpermissiontoSolicitthefollowingcategories:
PlasticRefuseandRecyclingContainerSolutionsandRelatedEquipment,SuppliesandAccessories
Page 84 of 151
APPENDIXAContinued
NorͲSon,Inc. MNͲTMAͲGC02Ͳ120518ͲNSI
RAKConstruction,Inc. MNͲTMAͲGC01Ͳ120518ͲRAK
SolidRockConstruction MNͲTMAͲGC03Ͳ120518ͲSRC
RAKConstruction,Inc. MNͲCMAͲGC01Ͳ120518ͲRAK
NorͲSon,Inc. MNͲNCMͲGC02Ͳ120518ͲNSI
NorͲSon,Inc. MNͲCMAͲGC02Ͳ120518ͲNSI
NorͲSon,Inc. MNͲRRVͲGC02Ͳ120518ͲNSI
NorͲSon,Inc. MNͲSWAͲGC01Ͳ120518ͲNSI
BituminousRoadways,Inc. MNͲTMAͲP01Ͳ120518ͲBRI
McDowallCompany MNͲTMAͲR02Ͳ120518ͲMDC
MinnesotaExteriors,Inc. MNͲSEAͲR01Ͳ120518ͲMEI
McDowallCompany MNͲIRAͲR02Ͳ120518ͲMDC
SolidRockConstruction MNͲNCMͲGC03Ͳ120518ͲSRC
MinnesotaExteriors,Inc. MNͲCMAͲRO1Ͳ120518ͲMEI
McDowallCompany MNͲNCMͲR02Ͳ120518ͲMDC
KrausͲAndersonConstructionCompany MNͲRRVͲGC03Ͳ120518ͲKRU
L.S.BlackConstructors,Inc. MNͲTMAͲGC04Ͳ120518ͲLSB
McDowallCompany MNͲCMAͲR02Ͳ120518ͲMDC
McDowallCompany MNͲSWAͲR02Ͳ120518ͲMDC
MidͲMinnesotaHotMix MNͲCMAͲP01Ͳ120518ͲMHM
MinnesotaExteriors,Inc. MNͲNCMͲR01Ͳ120518ͲMEI
MinnesotaExteriors,Inc. MNͲRRVͲR01Ͳ120518ͲMEI
SolidRockConstruction MNͲSEAͲGC02Ͳ120518ͲSRC
AndersonBrothers MNͲNCMͲP01Ͳ120518ͲABC
HyͲTecConstruction MNͲNCMͲGC05Ͳ120518ͲHTC
MinnesotaExteriors,Inc. MNͲSWAͲR01Ͳ120518ͲMEI
KrausͲAndersonConstructionCompany MNͲCMAͲGC04Ͳ120518ͲKRU
MinnesotaExteriors,Inc. MNͲIRAͲR01Ͳ120518ͲMEI
Page 85 of 151
SOURCEWELL
STATE OF MINNESOTA
Member ____________ moved the adoption of the following Resolution:
RESOLUTION TO RATIFY COOPERATIVE CONTRACTING AWARDS
Resolution No. 2021-15
WHEREAS, the Sourcewell Board of Directors previously authorized the solicitations for the cooperative
categories listed on Appendix A, which is attached and incorporated; and
WHEREAS, Sourcewell issued the cooperative contracting solicitations for the authorized categories; and
WHEREAS, through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer
to administer Sourcewell’s cooperative purchasing and contracting program and to award all competitively
solicited contracts, without limitation; and
WHEREAS, the Chief Procurement Officer made the awards listed based on the results of the competitive
solicitation process; and
WHEREAS, the Board acknowledges that the awards made by the Chief Procurement Officer are valid and
binding; however, based upon some members’ legal requirements the Chief Procurement Official is
required to seek subsequent Board ratification of all cooperative purchasing awards.
NOW THEREFORE BE IT RESOLVED by the Board of Directors ratifies the cooperative contracting awards
made by the Chief Procurement Officer listed on Appendix A.
The motion for the adoption of the foregoing resolution was duly seconded by Member______________
and the following voted in favor: (list names here)
and the following voted against: (list names here or “NONE”)
whereupon said resolution was declared duly passed and adopted.
ATTEST:
_________________________________
Clerk to the Board of Directors
Page 86 of 151
APPENDIXA
SOURCEWELLPROCUREMENTDEPARTMENT
BOARDITEMSͲJune2021
NEWCONTRACTS
SupplierName ContractNumber SolicitationTitle
AutoPlusAutoParts 032521ͲPEP "AftermarketVehiclePartsandSupplies"
ImperialSupplies,LLC 032521ͲIMP "AftermarketVehiclePartsandSupplies"
JasperHoldings,Inc. 032521ͲJAS "AftermarketVehiclePartsandSupplies"
NAPAAutoParts 032521ͲGPC "AftermarketVehiclePartsandSupplies"
O'ReillyAutoParts 032521ͲORA "AftermarketVehiclePartsandSupplies"
CascadeEngineering,Inc. 041521ͲCEI "PlasticRefuseandRecyclingContainerswithRelatedTechnologySolutions"
ReCollectSystems,Inc. 041521ͲRCS "PlasticRefuseandRecyclingContainerswithRelatedTechnologySolutions"
RehrigPacificCompany 041521ͲREH "PlasticRefuseandRecyclingContainerswithRelatedTechnologySolutions"
Toter,LLC 041521ͲTOT "PlasticRefuseandRecyclingContainerswithRelatedTechnologySolutions"
Eduporium,Inc. 040121ͲEDU "STEMCurriculumSolutionsandEquipmentwithRelatedAccessories,SuppliesandServices"
H2IGroup 040121ͲH2I "STEMCurriculumSolutionsandEquipmentwithRelatedAccessories,SuppliesandServices"
LakeshoreLearningMaterials040121ͲLSH "STEMCurriculumSolutionsandEquipmentwithRelatedAccessories,SuppliesandServices"
PalmerHamilton,LLC 040121ͲPHL "STEMCurriculumSolutionsandEquipmentwithRelatedAccessories,SuppliesandServices"
ProphetCorp./STEMSupplies 040121ͲSTM "STEMCurriculumSolutionsandEquipmentwithRelatedAccessories,SuppliesandServices"
SidToolCo./MSCIndustrialSupply 040121ͲMSI "STEMCurriculumSolutionsandEquipmentwithRelatedAccessories,SuppliesandServices"
STEMForKids 040121ͲSFK "STEMCurriculumSolutionsandEquipmentwithRelatedAccessories,SuppliesandServices"
BoxGangManufacturing 040621ͲBXG "BulkSolidWasteandRecyclingEquipment"
HolͲMacCorporation 040621ͲHMC "BulkSolidWasteandRecyclingEquipment"
MarathonEquipmentCompany 040621ͲMEC "BulkSolidWasteandRecyclingEquipment"
PetersenIndustries,Inc. 040621ͲPII "BulkSolidWasteandRecyclingEquipment"
WastequipManufacturingCompany,LLC 040621ͲWQI "BulkSolidWasteandRecyclingEquipment"
FacilityOptimizationSolutions,LLC 050421ͲFAC "JOCorIQCCProgramManagementConsultingServices"
TheGordianGroup,Inc. 050421ͲGGI "JOCorIQCCProgramManagementConsultingServices"
CONTRACTEXTENSIONS
SupplierName ContractNumber SolicitationTitle
APiNationalServiceGroup031517ͲAPI "FacilitySecurityEquipment,SystemsandServiceswithRelatedEquipmentandSupplies"
TheToroCompany 062117ͲTTC "GroundsMaintenanceEquipment,Attachments,AccessoriesandRelatedServices"
BanditIndustries,Inc. 062117ͲBAN "GroundsMaintenanceEquipment,Attachments,AccessoriesandRelatedServices"
KubotaTractorCorporation 062117ͲKBA "GroundsMaintenanceEquipment,Attachments,AccessoriesandRelatedServices"
Deere&Company 062117ͲDAC "GroundsMaintenanceEquipment,Attachments,AccessoriesandRelatedServices"
Morbark,LLC 062117ͲMBI "GroundsMaintenanceEquipment,Attachments,AccessoriesandRelatedServices"
NEWezIQCCONTRACTS
CompanyName ContractNumber StateͲRegionͲTypeofWork
ezIQCRENEWALS
CompanyName ContractNumber
CO
N
S
E
N
T
AG
E
N
D
A
IT
E
M
S
Vehicles,Cars,Vans,SUVsandLightDutyTruckswithRelatedEquipment,andAccessories
RequestingBoardpermissiontoReͲSolicitthefollowingcategories:
RequestingBoardpermissiontoSolicitthefollowingcategories:
ExpressCourier,ShippingandLogistics
RoadwayPavingEquipment
Page 87 of 151
CITY OF CRESTVIEW Item # 6.4.
Staff Report
CITY COUNCIL MEETING DATE: March 13, 2023
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Wayne Steele, Director of Operations, Tim Bolduc, City Manager
DATE: 3/9/2023
SUBJECT: GreatLife Golf Contract
BACKGROUND:
Crestview Unlimited, Inc. is a nonprofit corporation established in fiscal year 2021 to allow Great Life
management company the ability to properly manage Blackwater Golf Club and to provide flexibility to
perform their duties. The City Council is the Board of Directors for Crestview Unlimited, Inc.
DISCUSSION:
Great Life Golf and Fitness recently merged with Brown Golf to create Great LIFE Golf.
We recently heard from the new C.O.O. of Great LIFE Golf, PJ Politan, he explained that as a result of the
recent merger, a new contract would be forthcoming.
The new contract between Crestview Unlimited, Inc. and Great LIFE Golf has been attached for your review.
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
Page 88 of 151
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
The financial impact is as outlined in the new contract with Great Life Golf.
RECOMMENDED ACTION
Staff respectfully requests a motion to approve and authorize the Mayor to execute the contract, as submitted.
Attachments
1. Blackwater Golf Club- Management Agreement
Page 89 of 151
MANAGEMENT AGREEMENT
GreatLIFE Golf LLC and Crestview Unlimited, Inc.
THIS MANAGEMENT AGREEMENT (the “Agreement”) is made and entered into with an
effective date as of January 1, 2023 by and between Crestview Unlimited, Inc. (hereafter referred
to as “Owner”), and GreatLIFE Golf LLC, a Delaware Limited Liability Company (hereafter
referred to as “Manager”).
WITNESSETH:
WHEREAS, Owner owns the golf course known generally as Blackwater Golf Club located at
4927 Antioch Rd, Crestview, FL 32536 (the “Golf Course”). The Golf Course, practice areas, golf
shop areas and pool areas are hereinafter collectively referred to as the “Property”.
WHEREAS, subject to the terms and provisions of this Agreement, Owner desires to appoint
Manager as management agent of the Property, and Manager wishes to accept such appointment.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,
intending to be legally bound, it is agreed as follows:
COVENANTS
1. Appointment of Manager. Subject to all the terms and conditions of this Agreement, and
for the term hereof, Owner hereby appoints and designates Manager as management agent for the
Property.
2. Management Duties. During the term of this Agreement and for the benefit of Owner,
Manager shall oversee all operations of the Property except for all food and beverage operations
at the Property which manager shall not manage or have any responsibility for. Manager, as the
management agent for the Property, shall be authorized to perform, , the following management
services:
a.) To establish green fees, membership fees, cart rental rates, outing fees, merchandise prices,
and all other fees and charges associated with the operation of the Property. To supervise the
receiving and collection of all revenues in connection with the use of the Property. All revenue
collected in connection with the operation of the Property shall be deposited into the Owner owned
“Operations Account” (as defined in Section 3(b) below).
b.) To Manage the Property in such fashion so as to promote the best interests of the Owner. To
supervise all necessary repairs and all alterations required to maintain the Property in a neat and
attractive condition, to supervise the purchase of all supplies necessary for the operation of the
Property, all in accordance with the terms of this Agreement.
c.) To enter into such contracts, service agreements, purchase agreements and subcontracts on
behalf of Owner, and at Owner’s expense, for supplies, goods, merchandise, inventory, materials,
labor, equipment, utilities, and services in connection with the usual and ordinary operation,
maintenance and safety of the Property as Manager in the exercise of its reasonable discretion shall
Page 90 of 151
deem appropriate; provided, however, that without the advance consent of the Owner’s
Representative, no such contracts shall obligate Owner in excess of Twenty Thousand ($20,000)
Dollars unless such contracts are set forth and described in the approved Budget (defined below).
All amounts due pursuant to such contracts and agreements pertaining to the management of the
Property shall be paid from the Operations Account owned by Owner. Owner expressly agrees
that if Manager elects to pay any such costs and expenses incurred for the benefit of the Property
that Manager shall be entitled to prompt reimbursement by Owner.
d.) To supervise the payment from the revenue generated from the operation of the Property and
held in the Operations Account owned by Owner, all insurance, real estate tax payments and all
other assessments levied against the Property or equipment of the Property when due.
e.) To develop marketing, advertising and membership programs for the Property.
f.) To hire, employ, train, supervise and discharge all on-site employees of the Property (excluding
any and all food and beverage employees), all on Owner’s behalf and at Owner’s sole expense, to
assist Manager in the management and operation of the Property. Manager shall select the number,
functions, qualifications and compensation of all such on-site employees. All such on-site
employees shall be employed “at will” and shall be employees of Manager or of a subsidiary entity
of Manager. Owner shall pay to Manager as an operating expense of the Property, all wages,
benefits, worker’s compensation insurance costs, payroll taxes and human resource management
system fees of the on-site employees Manager employs, either directly or through a subsidiary
entity of Manager, to operate or manage the Property (the “Employee Expense Payment”). This
payment to Manager shall be in addition to Manager’s management fees set forth in Section 5 of
this Agreement. Manager agrees to provide Owner with a monthly payroll invoice for the
estimated Employee Expense Payment for the on-site employees for the upcoming month, based
upon the Approved Budget, at least three (3) days prior to the first (1st) day of the upcoming
calendar month (the “Payroll Invoice”). Owner grants Manager authority to withdraw sufficient
funds from the Operations Account upon submission of the Payroll Invoice, to obtain payment
from Owner for the Payroll Invoice. If Manager does not withdraw funds from the Operations
Account for payment of the Payroll Invoice by first of the day of the calendar month in which the
Payroll Invoice applies to, Owner further agrees Manager shall have authority to withdraw
sufficient funds from the Operations Account as payment for the Payroll Invoice at any time
thereafter. Manager and Owner agree that any variance in an actual Employee Expense Payment
owed to Manager for a calendar month and the Payroll Invoice previously invoiced by Manager,
will be reflected as a credit on a future Payroll Invoice (if the actual Employee Expense Payment
was lower than the Payroll Invoice for that month) or as an additional amount owed (if the actual
Employee Expense Payment was higher than the original Payroll Invoice amount for that calendar
month). Owner’s failure to make available sufficient funds to Manager in the Operations Account
to cover a Payroll Invoice by the second (2nd) day of the calendar month in which the Payroll
Invoice covers shall be a material breach of this Agreement, allowing Manager to immediately
terminate this Agreement. Manager shall be responsible for the filing and paying of all federal,
state, and local payroll taxes and other required withholdings, all at Owner’s expense. Manager
shall be responsible for supervising and monitoring all services performed by the on-site
employees, and for complying with applicable laws relating to employment, including without
Page 91 of 151
limitation laws affecting employment practices, workplace conditions, wages and hours,
withholding, discrimination, and insurance (including workers’ compensation), provided however,
Manager shall not be responsible for any employment actions made by Owner without Manager’s
express approval.
g.) Notwithstanding anything to the contrary herein contained, all obligations of Manager
hereunder are expressly subject to and conditioned upon the availability of funds within the
Operations Account owned by Owner, and/or the Owner making available to Manager sufficient
funds, to enable Manager to complete and pay such obligations. The Manager shall use its best
efforts to obtain any products or services necessary to the performance of its duties hereunder at
reasonable and customary prices, taking into account the quality, utility and necessity of each
product or service.
h.) Manager and the Owner shall have quarterly status meetings to discuss matters relating to the
Property’s operation, including but not limited to financials, operations, improvements and
marketing with Manager producing at a minimum a Balance Sheet and Operating Statement as
well as any of other financial documents agreed to by Owner and Manager.
i.) In the performance of Manager’s duties in accordance with this Agreement, Manager is acting
as a managing agent of the Property for Owner. All debts and liabilities to third parties incurred
by Manager in the course of the operation and management of the Property shall be the debts and
liabilities of Owner only, so long as the debts and liabilities are incurred by Manager acting in
good faith and pursuant to a budget approved by Owner which includes the expenses giving rise
to the debts and liabilities, and Manager shall not be liable for any such obligations by reason of
their management, supervision, direction and operation of the Property for Owner. Manager may
inform third parties with whom they interact with on behalf of Owner of Manager’s limited liability
in accordance with this Agreement and may take any other reasonable steps to carry out the intent
of this section.
3. Equipment and other Personal Property. Owner owns equipment and personal
property at the Property for use at the Property. Manager does not assume any ownership
interest in the personal property by entering into this Agreement and agrees to account for
all the property in the event this Agreement is terminated. All purchases of any acquired
personal property will be that of the Owner and paid for by the Owner.
4. Budgets and Operations Account.
(a) During the term of this Agreement, Manager shall (i) prepare all operating
budgets for the Property, and (ii) manage of the day to-day affairs of the Property. Manager shall
prepare and submit annual operating budget, cash flow projection and capital budget (the
“Budget”) to Owner for its review, by June 1 of each calendar year. Owner shall provide input to
Manager on the Budget and the parties shall work collaboratively to approve the upcoming
calendar year Budget by July 1 (the “Approved Budget”). If the parties fail to negotiate an
Approved Budget for the upcoming year by July 1, the Approved Budget shall be unchanged from
the prior calendar year until such time as Owner approves a new Budget. Owner agrees that the
Page 92 of 151
Budgets are intended to be reasonable estimates; as such, Owner acknowledges that Manager has
not made any guarantee, warranty or representation of any nature concerning the Budgets, gross
receipts or operating expenses except that Manager shall use industry best-practices in preparing
each budget.
(b) All revenues collected by Manager and Owner (including Owner’s
members, managers, employees, agents or representatives) in connection with the operation of the
Property (excluding food and beverage) shall be deposited in a separate account (the “Operations
Account”) owned by Owner and maintained with a bank acceptable to Owner. The parties agree
that agents of Manager shall be granted authority to draw checks from the Operations Account for
all or part of any funds now or subsequently deposited and standing to Owner’s credit in the
Operations Account and shall likewise be authorized to endorse all checks that require the
endorsement of Owner for deposit into such Operating Account. Owner (and Owner’s
Representative) shall not make any withdrawals from the Operations Account without first
providing prior notice of any such withdrawal to Manager. Manager may withdraw from the
Operations Account all disbursements that, under this Agreement, are to be made by Manager at
the expense of Owner, including the Base Fee of Manager as provided in Section 5(a) and the
Employee Expense Payment set forth in section 2(f). Manager will supply at Owner’s request a
complete copy of all disbursements, check withdrawals, cash analysis report, and payments made
from the operations account. Any interest earned on funds deposited in the Operations Account
shall be the property of Owner. Bank statements including copies of the cancelled checks for the
Operations Account shall be subject to Owner’s inspection at any time and for any reason. Owner
acknowledges and agrees that all gross receipts and operating expenses of the Property shall be
collected, received, handled and expended by Manager and Owner (and Owner’s Representative)
in accordance with the terms of this Agreement. Failure of Owner to provide the Operations
Account with sufficient funds to pay for the operating expenses of the Property, Manager’s
Management fees and the Employee Expense Payment shall be a breach of this Agreement.
(c) All funds of the Owner generated from the Property shall be deposited into
the Operations Account. If a shortfall in the Operations Account is reasonably anticipated by the
Manager, it shall promptly notify the Owner’s Representative and work with Owner and its
management to ameliorate such shortfall or to prioritize payments by due date, necessity,
consequences of a particular delayed payment and any other factors deemed relevant by Owner
and Manager.
(d) The parties expressly agree that under no circumstances shall Manager be
required to make any payment (or be liable for the failure to do so), even if such payment is
contemplated by the Budget or directed by the Owner, to the extent that the balance of the
Operations Account is insufficient to cover such payment. In the event the Manager shall
nevertheless make any such payment the Owner shall promptly reimburse the Manager for the
amount of such insufficiency.
Page 93 of 151
(e) Major Proposals. From time to time, Manager shall submit to Owner or
Owner’s representative(s) for approval, proposals for major improvements, including, but not
limited to, capital improvements. Manager shall secure Owner's prior written approval of all such
Major Proposals. Major Proposals shall be those in which the anticipated cost is in excess of
$20,000. Manager shall, to the best of its ability, operate the Property in accordance with these
procedures.
5. Management Fees.
Management Fee- As compensation for the services rendered by Manager under this
Agreement, Owner agrees to pay Manager a Fixed Management Fee (“Management Fee”) for
each month this Agreement is in effect as described below. For purposes of this Agreement,
“Gross Revenue” shall mean all receipts of any kind from operation of the Property except
revenue from the sale of food and beverage, including, but not limited to, membership fees, green
fees, cart rentals, range fees, and merchandise, rebates, rentals, and interest income. Revenues
shall not include fees collected for golf, pickle ball, or other recreation private lessons to the extent
such fees are paid out to the professional providing such lessons. Owner and Manager shall have
the right to conduct lessons, schools and other activities at the Property and any fees paid for such
lessons, schools, or other activities for Owner or Manager shall be included as "Gross Revenues".
The Management Fee for its services to Owner shall be based on a percentage of the Gross
Revenue of Owner generated at the Property. The Management Fee shall be equal to 4% of total
Gross Revenue of the Property. For any partial month, the Management Fee shall be prorated.
The Management Fee shall be calculated monthly based on the Property’s financial package. The
Management Fee shall be paid monthly by Owner to Manager and shall be due monthly within
five calendar days of the Property’s financial package being distributed to Owner. Manager shall
be permitted to withdraw funds from the Operations Account to timely pay the Management Fee
on a monthly basis.
Net Income Incentive Payment- In addition to the Management Fee set forth above, Owner
shall pay to Manager a Net Income Incentive Payment as follows. At the conclusion of each fiscal
year for the Property, Manager shall be entitled to a 50% share of any Positive Cash Flow generated
from the Property for that fiscal year (the “Net Income Incentive Payment”). Positive Cash Flow
is defined as a positive cash balance generated from operations at the Property (except food and
beverage), calculated by taking the fiscal year Net Income for the Property (as reflected in the
Property’s financial package) and subtracting all equipment and golf cart operating lease and
capital lease payments made for equipment and carts located at the Property during that fiscal year.
If Net Income is negative for the Property, or if the cash flow of the Property is negative after
deducting all of the Property’s equipment and golf cart lease payments from the Net Income,
Manager shall not be entitled to any Net Income Incentive Payment. If earned, Owner shall be
required to pay Manager the Net Income Incentive Payment by the first day of the second month
following the end of the fiscal year.
6. Travel Expense.
Page 94 of 151
Owner understands that certain travel expenses (coach air fare), including mileage and
reasonable accommodations, will be incurred by select employees of Manager, in connection with
the performance of management duties hereunder. These expenses will be tracked by Manager in
expense sheets and all receipts will be submitted to Owner for any incurred travel expenses.
Whenever possible, Manager will seek approval from Owner before travel so that owner is aware
of all travel expenses prior to them occurring. If the Owner feels travel expenses are excessive it
has the right to request that travel cease by Manager.
7. Insurance.
(a.) Insurance required by Manager during the term of this contract and for a period of
at least one year upon the expiration or cancellation of the management contract:
i. Professional Management Liability with minimum limits of $1,000,000. per
claim.
ii. Workers Compensation Insurance with statutory limits, and employer’s
liability with limits of at least $500,000. each accident for bodily injury by accident;
$500,000. policy limit bodily injury by disease; and $500,000. each employee limit
for bodily injury by disease. Owner expressly agrees the Workers Compensation
Insurance premiums associated with the on-site employees are included within the
Employee Expense Payment set forth in Section 2(f) and shall be operating expense
of the Property and shall be reimbursed by Owner.
(b.) The insurance required by Owner and in force during the term of this Agreement with
all costs and premiums being an operating expense of the Property and an obligation of the
Owner are as set forth below. Owner and Manager expressly agree that Manager may take
efforts to procure the insurance set forth in this Section 7(b) by including any or all of the
insurance coverages required by Owner in this Section 7(b) within Manager’s insurance
program. If Manager elects, in its sole discretion, to include any of the insurance coverages
required by Owner in this section 7(b) within Manager’s insurance program, Owner
expressly agrees to reimburse Manager for all insurance premiums and expenses that arise
from including any insurance coverages required in this section 7(b) within Manager’s
insurance program. Manager shall inform Owner if Manager includes any of the insurance
required of Owner in Section 7(b) within Manager’s insurance program.
i. Commercial General Liability Insurance with limits of at least $1,000,000.
for each occurrence; $1,000,000. any one person or organization for personal
and advertising injury; General Aggregate other than products/completed
operations $2,000,000., and $2,000,000. products and completed operations
Aggregate Limit.
ii. Commercial Auto Coverage, if applicable, with a limit of at least $1,000,000.
for any autos owned, leased or rented to OWNER during the term of this
contract.
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iii. Property Insurance with value as determined by Owner on the buildings,
equipment and contents as determined by Owner.
iv. Liquor Liability Insurance with limits of at least $1,000,000 per claim and
$1,000,000 aggregate.
v. Umbrella Liability Insurance with limits of at least $5,000,000 per claim and
a $5,000,000 aggregate.
vi. Crime coverage shall be provided for employee dishonesty on a blanket basis
with limits of at least $100,000.
vii. Manager shall be named as additional insured on General Liability, Liquor
Liability, Auto, Crime and Umbrella insurance policies required by Owner
in this Section 7(b). If Manager elects to include any insurance coverages
required by Owner in this Section 7(b) within Manager’s insurance program,
Manager shall be the first named insured and Owner shall be listed as an
additional insured. All policies required by Section 7(b) shall be primary
and non-contributory.
viii. All of the policies required by this Agreement shall include a waiver of
subrogation in favor of the Manager.
ix. Owner shall provide a certificate of insurance/evidence of property
insurance to the Manager containing details on all of the above coverage
prior to commencement of the Term.
(c.) All such insurance policies as required by all parties shall
i. Be subject to the reasonable approval of Owner and Manager;
ii. Be in form and substance reasonably satisfactory to Manager;
iii. Be issued by insurance companies reasonably satisfactory to Owner and
Manager, and
(d.) The insurance policies required in section 7, paragraph (a) shall be the full cost and
expense of Manager, provided however, that all worker’s compensation insurance costs
associated with the on-site employees shall be reimbursed to Manager by Owner in the
Employee Expense Payment pursuant to section 2f of this Agreement.
(e.) The insurance policies required in section 7, paragraph (b) shall be the full cost and
expense of Owner. The Manager shall be empowered to pay this expense from the
Operations Account. If Manager adds any of the insurance coverages required by Owner
in 7(b) to Manager’s insurance program, Owner shall pay Manager any premiums paid by
Manager to include the Property within Manager’s insurance program.
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(f.) Owner agrees to waive all rights of subrogation against Manager, Manager’s members,
managers, employees, agents and representatives for all claims to the extent that such
damages are covered by Owner’s insurance or would have been covered but for the
application of a deductible.
7. Mortgage and Taxes.
(a) Manager shall prepare all required returns or other documentation and supervise
payment from the Operations Account all property taxes, water and sewer charges,
and other assessments levied against the Property and against any equipment or
other property contained therein. If any such taxes, charges, or other assessments
are payable in installments, Manager shall supervise payment of such installments
as they become due.
8. Responsibility of Owner to Provide Information and Perform Other Acts.
(a) Notwithstanding anything to the contrary contained in this Agreement, the
Owner shall direct all receipts associated with the Property to the Operations
Account so as to maintain the balance of the Operations Account in an amount
sufficient to cover the monthly expenses of the Property (including, without
limitation, the Management Fees and Employee Expense Payment obligations for
the on-site employees) and any other expenses incurred in operating and
maintaining the Property as set forth in this Agreement. The amount deposited in
the Operations Account may increase or decrease from time to time, as receipts and
expenses vary. If the balance in the Operations Account is insufficient to cover the
Property’s operating expenses, such payments shall be delayed as necessary;
provided, however, that for Management Fees due and expenditures which are
approved by Owner, Owner shall pay directly or promptly reimburse Manager for
such fees and expenses and failure to do so within 10 days after written notice from
Manager shall be a breach of this Agreement
9. Indemnification.
(a) Manager agrees to indemnify, hold harmless and defend Owner and Owner’s
members, managers, employees, agents and representatives from any and all
damage, liability or loss they may suffer as a result of claims, costs, demands or
judgments against them from third party claimants (including, without limitation,
reasonable attorney’s fees and court costs) arising directly from Manager’s gross
negligence or willful misconduct. Notwithstanding anything contrary in this
Agreement, Manager shall not be liable for indemnification pursuant to this Section
9(b) for liabilities resulting from the gross negligence or willful misconduct of
Owner or its employees, members, managers, agents or representatives.
Notwithstanding anything contrary in this Agreement, Manager shall not be liable
for indemnification pursuant to this Section 9(b) for liabilities covered by insurance
required to maintained by Owner pursuant to Section 7 of this Agreement.
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10. Food and Beverage. Owner and Manager expressly agree that Manager shall not manage
the Property’s food and beverage operations and any revenue, expenses or profits therefrom
shall be excluded from operating revenue of the facility for all purposes, including the
calculation of management fees, net income incentive payments, and the like.
11. Effective Dates and Cancellation.
(a) This Agreement shall be effective as of January 1, 2023 and, unless sooner canceled
in accordance with the express provisions of this Section 11, shall continue in full
force and in effect until December 31, 2023. Thereafter, this Agreement shall be
automatically extended for successive one-year periods, subject to the terms and
conditions contained herein, unless either party delivers to the other, at least 30
days prior to the scheduled termination date of this Agreement, written notice of its
election not to renew this Agreement.
(b) This Agreement may be terminated by Manager prior to the expiration of this
Agreement set forth in provision 11(a) if, after written notice, the Owner fails to
cure within ten (10) days the occurrence of any of the following: (i) Owner is
insolvent or fails generally to pay its debts as they become due; (ii) a proceeding
under bankruptcy, reorganization, arrangement of debt or receivership law is filed
against Owner which proceeding is not dismissed within thirty (30) days of the date
of its filing; (iii) a material violation of any term of this Agreement by Owner
including the failure of the Owner to provide the Owner owned Operation Account
with sufficient funds to meet the operating needs of the property or pay Manager
its Management Fee.; (iv) Owner’s commission of fraud, theft or the
misappropriation of property perpetrated on Manager; (v) material interference by
Owner in the Manager’s performance of its duties under this Agreement; provided
the Owner’s, or the Owner’s Representative’s exercise any right granted to such
party by this Agreement shall not constitute material interference; and (vi) the
commission by Owner or any of its owners, managers, members or employees of
any willful or intentional act which could reasonably be expected to materially
injure the reputation, business or business relationships of Manager (other than with
Owner). Notwithstanding anything to the contrary in this Agreement, if the
Operations Account does not have sufficient funds to pay Manager the Payroll
Invoice for a calendar month by the Second (2nd) day of that calendar month,
Manager may immediately terminate this Agreement.
(c) Notwithstanding anything to the contrary herein, this Agreement may be sooner
terminated by Owner if, after written notice, the Manager fails to cure within five
(10) days the occurrence of any of the following: (i) Manager is insolvent or fails
generally to pay its debts as they become due; (ii) a proceeding under bankruptcy,
reorganization or receivership is filed by or against Manager, which proceeding (in
the case of an involuntary proceeding) has not been dismissed within 30 days; (iii)
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a material violation of any term of this Agreement by Manager; (iv) Commission
of a fraud, theft or misappropriation of property by Manager.
(d) Owner may terminate this Agreement at any time without cause by providing
Manager with ninety (90) days written notice of its intent to terminate early. Owner
shall notify Manager in its written notice of early termination whether Owner shall
require Manager to continue to manage the Property during the early termination
notice period. Owner shall be required to pay Manager its base Management Fee
during the ninety (90) day notice period if it exercises its right of early termination
provided in this provision 11(d) regardless of whether it requires Manager to
manage the Property during the notice period. In addition, Owner shall be
responsible for paying Manager a Net Income Incentive Payment calculated on a
pro rata basis for the fiscal year in which the early termination occurs.
(e) Manager may terminate this Agreement at any time without cause by providing
Owner with ninety (90) days written notice of its intent to terminate early. Manager
shall continue to manage the Property during the ninety (90) notice period unless
Owner elects to not have Manager manage the Property any further by providing
Manager written notice of its election to not have Manager manage the property
during the ninety (90) day notice period following Manager’s notice of early
termination. Owner shall be required to pay Manager its base Management Fee
during the ninety (90) day notice period if Manager exercises its right of early
termination provided in this provision 11(e) regardless of whether it requires
Manager to manage the Property during the notice period.
12. Governing Law. This Agreement shall be governed by the laws of the Florida without
regard to its conflicts of law principles.
13. General Provisions.
(a) This Agreement represents the entire agreement between the parties and supersedes
all prior oral and written proposals, communications and agreements. This
Agreement may be modified only by a written instrument signed by the both Owner
and Manager.
(b) This Agreement may be executed in more than one counterpart, each such
counterpart shall be deemed an original, and all such counterparts shall constitute
one and the same agreement. Manager and Owner may consummate the Agreement
contemplated herein upon the exchange of signed counterparts via electronic
delivery whether by email or facsimile.
(c) The relationship between Owner and Manager shall be and at all times remain that
of owner and independent contractor, respectively. Neither Owner nor Manager
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shall be construed or held to be a partner, limited partner, associate or agent of the
other.
(d) Severability. Should one or more of the provisions of this Agreement be
determined to be illegal or unenforceable, the other provisions nonetheless shall
remain in full force and effect. The illegal or unenforceable provision or provisions
shall be deemed amended to conform to applicable laws so as to be valid and
enforceable provided such an amendment would not materially alter the intention
of the parties.
14. Notice. Any notice required under the terms of this Agreement shall be valid in writing
and delivered by hand, one day after deposit with an overnight mail courier, or three days
after deposit with the U.S. Mail, certified, return receipt requested.
15. Representations and Warranties of Owner. To induce Manager to enter into this
Agreement, Owner makes the following representations and warranties to Manager:
a. Each of the Recitals set forth in this Agreement is true and correct.
b. Owner is a duly organized and validly existing company in good standing under the
laws of the State of Florida.
c. Owner has power and authority and all legal rights to enter into and perform this
Agreement. The officers of Owner executing this Agreement are duly and properly in
office and fully authorized to execute this Agreement. This Agreement, when duly
executed, ratified and delivered by the parties hereto, shall create a valid and binding
obligation on the part of Owner
16. Representations and Warranties of Manager. To induce Owner to enter into this
Agreement, Manager makes the following representations and warranties to Owner:
(a) Each of the Recitals set forth in this Agreement is true and correct.
(b) GreatLIFE Golf LLC is a duly organized and validly existing company in
good standing under the laws of the State of Delaware.
(c) Manager has power and authority and all legal rights to enter into and
perform this Agreement. The officer executing this Agreement on behalf of
Manager are duly and properly in office and fully authorized to execute this
Agreement. This Agreement, when duly executed, ratified and delivered by the
parties hereto, shall create a valid and binding obligation on the part of Manager,
enforceable against Manager in accordance with its terms.
.
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[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Page 101 of 151
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in multiple
counterpart copies as of the date first above written.
OWNER MANAGER
GreatLIFE Golf, LLC
By: By:
Its: __________________________ Its: _______________________________
Page 102 of 151
CITY OF CRESTVIEW Item # 8.1.
Staff Report
CITY COUNCIL MEETING DATE: March 13, 2023
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, Senior Planner
DATE: 3/8/2023
SUBJECT: Ordinance 1919 - James Lee Blvd E Comprehensive Plan Amendment
BACKGROUND:
On January 11, 2023, staff received an application to amend the comprehensive plan and zoning designations
for property located at 1299 James Lee Boulevard East.
The subject property is currently located inside the city limits of Crestview with a future land use and zoning
designation of Commercial (C) and Commercial High-Intensity District (C-2), 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 March 6, 2023.
DISCUSSION:
The property description is as follows:
Property Owner: Harvest Ministries International
C/O William Franklin
PO Box 688
Crestview, FL 32536
Parcel ID: 16-3N-23-0000-0013-0000
Site Size: 42.82 acres
Current FLU: Commercial (C)
Current Zoning: Commercial High-Intensity District (C-2)
Current Land Use: Church
The following table provides the surrounding land use designations, zoning districts, and existing uses.
Direction FLU Zoning Existing Use
North Mixed Use (MU) &
Commercial (C)
Mixed Use (MU) &
Commercial High-Intensity
District (C-2)
Vacant
East Okaloosa County Low Density
Residential
Okaloosa County Residential-1 Vacant
South Okaloosa County Low Density
Residential, Mixed Use (MU) &
Residential (R)
Okaloosa County Residential-1,
Single-Family Medium-Density
Dwelling District (R-2), Mixed
Vacant, Residential &
Commercial
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Use (MU) & Commercial Low-
Intensity District (C-1)
West Mixed Use (MU) &
Commercial (C)
Mixed Use (MU) &
Commercial High-Intensity
District (C-2)
Vacant
The subject property is currently developed for commercial use and a development application has not been
submitted. Based on the requested land-use and zoning designations, the property could be developed for
residential 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 February 13,
2023. An advertisement ran in the Crestview News Bulletin on February 23, 2023. Staff did receive written
correspondence from the Lakes Largo Homeowner's Association regarding the rezoning component of this
request, and it has been included for your reference and consideration.
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 were $2,500.00. The cost of advertising was $231.00.
RECOMMENDED ACTION
Staff respectfully requests that the council move Ordinance 1919 to second reading for adoption.
Attachments
1. Exhibit Packet
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2. Planning & Zoning Mtg 6 Mar 2023
Page 105 of 151
ORDINANCE: 1919
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 COMMERCIAL (C) TO
RESIDENTIAL (R) ON APPROXIMATELY 42.82 ACRES, MORE OR
LESS, IN SECTION 16, 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 Commercial (C) to Residential
(R) on a parcel of land containing 42.82 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 42.82 acres of land, more or less, from
Commercial (C) to Residential (R). For the purposes of this Ordinance and Comprehensive Plan Amendment, the
42.82 acres, more or less, is known as Parcel 16-3N-23-0000-0013-0000 and commonly described as:
A PORTION OF LANDS LYING IN SECTION 16, TOWNSHIP 3 NORTH, RANGE 23 WEST,
OKALOOSA COUNTY, FLORIDA, ALSO BEING A PORTION OF LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 3178, PAGE 3925 OF THE PUBLIC RECORDS OF
OKALOOSA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WESTERLY BOUNDARY LINE OF THE
NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 23 WEST,
OKALOOSA COUNTY, FLORIDA, WITH THE SOUTHERLY RIGHT-OF-WAY
BOUNDARY OF PURL ADAMS AVENUE, SAID POINT ALSO BEING THE NORTHWEST
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CORNER OF FAIR OAKS SUBDIVISION UNIT 1, A MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK 9, PAGE 95 OF THE PUBLIC RECORDS OF OKALOOSA
COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY BOUNDARY
OF PURL ADAMS AVENUE AND THE NORTHERLY BOUNDARY OF FAIR OAKS
SUBDIVISION UNIT 1, EAST, 124.97 FEET; THENCE LEAVING SAID SOUTHERLY
RIGHT-OF-WAY BOUNDARY AND ALONG THE NORTHERLY BOUNDARY OF FAIR
OAKS SUBDIVISION UNIT 1, S 48°38'03" E, 305.89 FEET TO THE NORTHEAST CORNER
OF FAIR OAKS SUBDIVISION UNIT 1 AND THE NORTHWEST CORNER OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753; THENCE CONTINUE
ALONG THE NORTHERLY BOUNDARY OF SAID LANDS, S 48°38'03" E, 31.89 FEET;
THENCE S 69°13'21" E, 59.63 FEET; THENCE S 72°49'40" E, 145.16 FEET; THENCE S
81°51'43" E, 125.13 FEET TO THE NORTHEAST CORNER OF SAID LANDS, LYING ON
THE WESTERLY RIGHT-OF-WAY BOUNDARY OF VICTORY LANE; THENCE ALONG
THE EASTERLY BOUNDARY OF SAID LANDS AND SAID RIGHT-OF-WAY
BOUNDARY, S 12°14'37" W, 214.67 FEET TO THE SOUTHWEST CORNER OF VICTORY
LANE; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY BOUNDARY OF VICTORY
LANE, S 74°50'54" E, 66.09 FEET TO THE SOUTHEAST CORNER OF VICTORY LANE,
LYING ON THE WESTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 2046, PAGE 845; THENCE LEAVING THE SOUTHERLY RIGHT-OF-
WAY BOUNDARY OF VICTORY LANE, ALONG THE WESTERLY BOUNDARY OF SAID
LANDS AND THE EASTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 2824, PAGE 3753, S 13°05'07" E, 277.12 FEET TO THE SOUTHWEST
CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2046, PAGE 845;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LANDS, N 77°11 '53" E, 250.21
FEET TO A FOUND IRON ROD (NO ID) MARKING THE SOUTHEAST CORNER OF SAID
LANDS, LYING ON THE WESTERLY BOUNDARY OF LANDS DESCRIBED AS PARCEL
2 IN OFFICIAL RECORDS BOOK 3629, PAGE 592; THENCE ALONG THE WESTERLY
BOUNDARY OF SAID LANDS AND THE EASTERLY BOUNDARY OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753, S 11°13'42" E, 63.73 FEET
TO A FOUND IRON ROD AND CAP (NO ID) MARKING THE SOUTHEAST CORNER OF
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753 AND THE
SOUTHWEST CORNER OF LANDS DESCRIBED AS PARCEL 2 IN OFFICIAL RECORDS
BOOK 3629, PAGE 592 FOR THE POINT OF BEGINNING. FROM SAID POINT OF
BEGINNING AND ALONG THE SOUTHEASTERLY BOUNDARY OF LANDS DESCRIBED
AS PARCEL 2 IN OFFICIAL RECORDS BOOK 3629, PAGE 592, N 50°31'32" E, 76.36 FEET
TO A FOUND IRON ROD AND CAP (LB#7245); THENCE N 45°22'18" E, 121.71 FEET TO
A FOUND IRON ROD AND CAP (LB#7245); THENCE N 45°05'41" E, 219.51 FEET TO A
FOUND IRON ROD AND CAP (LB#7245); THENCE N 17°02'00" E, 199.54 FEET TO A
FOUND IRON ROD AND CAP (LB#7245); THENCE N 34°17'24" E, 122.53 FEET TO A
FOUND IRON ROD (NO ID) MARKING THE EASTERNMOST CORNER OF SAID LANDS;
THENCE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LANDS, N 27°56'31" W,
542.55 FEET TO A FOUND CONCRETE MONUMENT (NO ID) MARKING THE
NORTHEAST CORNER OF SAID LANDS AND THE SOUTHEAST CORNER OF LANDS
DESCRIBED AS PARCEL 1 IN OFFICIAL RECORDS BOOK 3629, PAGE 592; THENCE
CONTINUE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LANDS, N 27°56'31"
W, 245.78 FEET TO A FOUND CONCRETE MONUMENT (NO ID) MARKING THE
NORTHEAST CORNER OF SAID LANDS AND LYING ON THE SOUTHERLY RIGHT-OF-
WAY BOUNDARY OF STATE ROAD #10 (US HIGHWAY #90); THENCE ALONG SAID
RIGHT-OF-WAY BOUNDARY, S 75°32'04" E, 81.29 FEET TO A FOUND CONCRETE
MONUMENT (NO ID) MARKING THE NORTHWEST CORNER OF LANDS DESCRIBED
IN OFFICIAL RECORDS BOOK 3158, PAGE 2357; THENCE LEAVING SAID RIGHT-OF-
WAY BOUNDARY AND ALONG THE SOUTHWESTERLY BOUNDARY OF SAID LANDS,
Page 107 of 151
S 27°56'31" E, 733.36 FEET TO A FOUND IRON ROD AND CAP (LB#7245) MARKING THE
SOUTHERNMOST CORNER OF SAID LANDS; THENCE LEAVING THE SOUTHERLY
BOUNDARY OF SAID LANDS, S 69°35'42" E, 546.25 FEET TO A SET IRON ROD AND CAP
(LB#7245); THENCE S 81°14'13" E, 605.46 FEET TO A SET IRON ROD AND CAP (LB#7245)
LYING ON THE WESTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 2519, PAGE 3851; THENCE ALONG THE WESTERLY BOUNDARY OF
SAID LANDS AND THE WESTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 3014, PAGE 1407, OFFICIAL RECORDS BOOK 3367, PAGE 3606,
OFFICIAL RECORDS BOOK 3652, PAGE 1595, AND OFFICIAL RECORDS BOOK 3652,
PAGE 1600, S 02°05'19" W, 1480.72 FEET TO A FOUND CONCRETE MONUMENT (NO ID)
MARKING THE SOUTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 3652, PAGE 1600 AND LYING ON THE NORTHEASTERLY RIGHT-OF-WAY
BOUNDARY OF THE CSX RAILROAD; THENCE ALONG SAID RIGHT-OF-WAY
BOUNDARY, N 61°15'55" W, 2234.47 FEET TO A FOUND IRON ROD AND CAP (LB#5024)
LYING ON THE SOUTHERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 2824, PAGE 3753; THENCE LEAVING SAID NORTHEASTERLY RIGHT-
OF-WAY BOUNDARY AND ALONG THE SOUTHERLY BOUNDARY OF SAID LANDS, S
88°57'59" E, 171.91 FEET TO A FOUND IRON ROD AND CAP (LB#5024); THENCE N
83°43'35" E, 174.16 FEET TO A FOUND IRON ROD AND CAP (NO ID); THENCE N
50°30'51" E, 99.04 FEET TO THE POINT OF BEGINNING; CONTAINING 42.82 ACRES,
MORE OR LESS.
The Residential (R) Future Land Use Category is hereby imposed on Parcel 16-3N-23-0000-0013-0000. 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 16-3N-23-0000-0013-0000 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 March, 2023.
Page 108 of 151
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
Approved by me this 27th day of March, 2023.
______________________________________
J. B. Whitten
Mayor
Page 109 of 151
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JAMES LEE BLVD E
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JAMES LEE BLVD E
Vicinity Map
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PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET
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Existing Use
CentrallyChurchesCountyFederalImproved ALight M anufactu ringManufactured HomeMobile HomeMunicipalPrivate SchoolRes CommonSingle FamilyStoresTimberlandVacantVacant C ommercialVacant/ResidentialWarehouse
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City Future Land Use
Co mmercial (C)Industrial (IN)Mixed Use (MU)Co nservation (CON)Public Lands (PL)Reside ntial (R)
County Future Land Use
Co mmercial (C)Low Density Re sidential (LDR )Mixed Use (MU)
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City ZoningSingle Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Fam ily 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)Mixed Use (MU)General Commercial (C-3)
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PURL ADAMS AVE
SANDERS AVE
TALL PINES ST
WINGARD ST
VICTORY LN
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HENDERSON DR
HENDERSON ST
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ProposedFuture Land Use
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Com me rcia l (C)
Industrial (IN)
Mixed U se (MU)
Conservation (CON)
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Residential (R)
County Future Land Use
Com me rcia l (C)
Low D ensity Residential (LDR)
Mixed U se (MU)
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ProposedZoning¯
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Single Family Estate Dwelling District(R-1E)Single Family Low Density District (R-1)Single Family Medium Density District(R-2)Single and Multi-Fam ily DwellingDistrict (R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Residential - 1 (R-1)Mixed Use (MU)General Commercial (C-3)
Page 116 of 151
LAKES LARGO HOA 5 DEL CERRO CAMINO CRESTVIEW, FL 32539
Lakes Largo Homeowners
Association (#N98000004785)
1 March 2023
5 Del Cerro Camino
Crestview, FL 32539
To: Community Development Services Planning and Zoning Division
From: Lakes Largo HOA (Parcel # 16-3N-23-0000-0032-003K)
Reference: Notice of Voluntary Annexation/Zoning Change Request (Parcel #16-
3N-23-0000-0013-0000)
The Lakes Largo Homeowners Association owns approximately 29 acres of
private Lakes and Damn area lying within the DEL CERRO VISTA S/D and adjacent
to the Harvest Ministries parcel. The lakes are spring fed, originating upstream
from the Harvest Ministries parcel and flowing down directly into our lake and
Mill Creek which eventually deposits into the Shoal River. Multiple private
residential properties border the lake located on Del Cerro Camino, Ponce De
Leon Rd and Newport Dr in the Del Cerro Vista neighborhood in District 1,
Okaloosa County. Many of the properties are 1 acre or larger in size and are
designated Property Use Code RES COMMON (000900).
As concerned citizens, property owners, and caretakers of this fragile ecosystem
already overburdened by unwanted and uncontrolled water runoff from
surrounding areas we request the Planning and Development Board consider
and address the following concerns prior to approval:
-Place priority on preservation and protection of the surrounding environment,
and maintaining quality of life for nearby neighborhoods
Page 117 of 151
2
-Zoning Density too high/not commensurate with surrounding residential areas
-Detrimental effects from potential construction activity to include impacts from
contamination, watershed runoff, environmental concerns and pollution
-Flooding resulting from over/improper development, failure to control and
maintain increased water runoff resulting from development
-Inadequate ingress/egress to Hwy 90 contributing to traffic congestion/safety
concerns
We strongly recommend the City Council address the above concerns, study
potential impacts to the environment, significantly reduce the Zoning Density,
conduct risk mitigation providing assurance that any/all approved development
will provide adequate retention ponds and system of stormwater runoff that
does include, contribute to or adversely impact an already overburdened
stormwater condition in our community.
Sincerely,
Mark Lynch
Sec/Treasurer Lakes Largo HOA
Page 118 of 151
CITY OF CRESTVIEW Item # 8.2.
Staff Report
CITY COUNCIL MEETING DATE: March 13, 2023
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, Senior Planner
DATE: 3/8/2023
SUBJECT: Ordinance 1920 - James Lee Blvd E Rezoning
BACKGROUND:
On January 11, 2023, staff received an application to amend the comprehensive plan and zoning designations
for property located at 1299 James Lee Boulevard East.
The subject property is currently located inside the city limits of Crestview with a future land use and zoning
designation of Commercial (C) and Commercial High-Intensity District (C-2), 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 March 6, 2023.
DISCUSSION:
The property description is as follows:
Property Owner: Harvest Ministries International
C/O William Franklin
PO Box 688
Crestview, FL 32536
Parcel ID: 16-3N-23-0000-0013-0000
Site Size: 42.82 acres
Current FLU: Commercial (C)
Current Zoning: Commercial High-Intensity District (C-2)
Current Land Use: Church
The following table provides the surrounding land use designations, zoning districts, and existing uses.
Direction FLU Zoning Existing Use
North Mixed Use (MU) &
Commercial (C)
Mixed Use (MU) &
Commercial High-Intensity
District (C-2)
Vacant
East Okaloosa County Low Density
Residential
Okaloosa County Residential-1 Vacant
South Okaloosa County Low Density
Residential, Mixed Use (MU) &
Okaloosa County Residential-1,
Single-Family Medium-Density
Vacant, Residential &
Commercial
Page 119 of 151
Residential (R) Dwelling District (R-2), Mixed
Use (MU) & Commercial Low-
Intensity District (C-1)
West Mixed Use (MU) &
Commercial (C)
Mixed Use (MU) &
Commercial High-Intensity
District (C-2)
Vacant
The subject property is currently developed for commercial use and a development application has not been
submitted. Based on the requested land-use and zoning designations, the property could be developed for
residential 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 February 13,
2023. An advertisement ran in the Crestview News Bulletin on February 23, 2023. Staff did receive written
correspondence from the Lakes Largo Homeowner's Association regarding this rezoning, and it has been
included for your reference and consideration.
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 were $750.00. There is no additional cost of advertising as the rezoning request was
included in the advertisement for the comprehensive plan amendment.
RECOMMENDED ACTION
Staff respectfully requests that the council move Ordinance 1920 to second reading for adoption.
Attachments
1. Exhibit Packet
2. Planning & Zoning Mtg 6 Mar 2023
Page 120 of 151
ORDINANCE: 1920
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA,
PROVIDING FOR THE REZONING OF 42.82 ACRES, MORE OR LESS,
OF REAL PROPERTY, LOCATED IN SECTION 16, TOWNSHIP 3
NORTH, RANGE 23 WEST, FROM THE COMMERCIAL HIGH-
INTENSITY DISTRICT (C-2) 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 42.82 acres, more or less, of real property
lying within the corporate limits of Crestview, Florida, with 42.82 acres, more or less, being formerly zoned
Commercial High-Intensity District (C-2) with the Residential (R) Future Land Use Map designation recently
ratified by the City Council through adoption of Ordinance 1919, is hereby rezoned to Single and Multi-Family
Density Dwelling District (R-3) to wit:
PIN # 16-3N-23-0000-0013-0000
A PORTION OF LANDS LYING IN SECTION 16, TOWNSHIP 3 NORTH, RANGE 23 WEST,
OKALOOSA COUNTY, FLORIDA, ALSO BEING A PORTION OF LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 3178, PAGE 3925 OF THE PUBLIC RECORDS OF
OKALOOSA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WESTERLY BOUNDARY LINE OF THE
NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 23 WEST,
OKALOOSA COUNTY, FLORIDA, WITH THE SOUTHERLY RIGHT-OF-WAY
BOUNDARY OF PURL ADAMS AVENUE, SAID POINT ALSO BEING THE NORTHWEST
CORNER OF FAIR OAKS SUBDIVISION UNIT 1, A MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK 9, PAGE 95 OF THE PUBLIC RECORDS OF OKALOOSA
COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY BOUNDARY
OF PURL ADAMS AVENUE AND THE NORTHERLY BOUNDARY OF FAIR OAKS
SUBDIVISION UNIT 1, EAST, 124.97 FEET; THENCE LEAVING SAID SOUTHERLY
RIGHT-OF-WAY BOUNDARY AND ALONG THE NORTHERLY BOUNDARY OF FAIR
OAKS SUBDIVISION UNIT 1, S 48°38'03" E, 305.89 FEET TO THE NORTHEAST CORNER
OF FAIR OAKS SUBDIVISION UNIT 1 AND THE NORTHWEST CORNER OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753; THENCE CONTINUE
ALONG THE NORTHERLY BOUNDARY OF SAID LANDS, S 48°38'03" E, 31.89 FEET;
THENCE S 69°13'21" E, 59.63 FEET; THENCE S 72°49'40" E, 145.16 FEET; THENCE S
81°51'43" E, 125.13 FEET TO THE NORTHEAST CORNER OF SAID LANDS, LYING ON
THE WESTERLY RIGHT-OF-WAY BOUNDARY OF VICTORY LANE; THENCE ALONG
THE EASTERLY BOUNDARY OF SAID LANDS AND SAID RIGHT-OF-WAY
Page 121 of 151
BOUNDARY, S 12°14'37" W, 214.67 FEET TO THE SOUTHWEST CORNER OF VICTORY
LANE; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY BOUNDARY OF VICTORY
LANE, S 74°50'54" E, 66.09 FEET TO THE SOUTHEAST CORNER OF VICTORY LANE,
LYING ON THE WESTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 2046, PAGE 845; THENCE LEAVING THE SOUTHERLY RIGHT-OF-
WAY BOUNDARY OF VICTORY LANE, ALONG THE WESTERLY BOUNDARY OF SAID
LANDS AND THE EASTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 2824, PAGE 3753, S 13°05'07" E, 277.12 FEET TO THE SOUTHWEST
CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2046, PAGE 845;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LANDS, N 77°11 '53" E, 250.21
FEET TO A FOUND IRON ROD (NO ID) MARKING THE SOUTHEAST CORNER OF SAID
LANDS, LYING ON THE WESTERLY BOUNDARY OF LANDS DESCRIBED AS PARCEL
2 IN OFFICIAL RECORDS BOOK 3629, PAGE 592; THENCE ALONG THE WESTERLY
BOUNDARY OF SAID LANDS AND THE EASTERLY BOUNDARY OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753, S 11°13'42" E, 63.73 FEET
TO A FOUND IRON ROD AND CAP (NO ID) MARKING THE SOUTHEAST CORNER OF
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753 AND THE
SOUTHWEST CORNER OF LANDS DESCRIBED AS PARCEL 2 IN OFFICIAL RECORDS
BOOK 3629, PAGE 592 FOR THE POINT OF BEGINNING. FROM SAID POINT OF
BEGINNING AND ALONG THE SOUTHEASTERLY BOUNDARY OF LANDS DESCRIBED
AS PARCEL 2 IN OFFICIAL RECORDS BOOK 3629, PAGE 592, N 50°31'32" E, 76.36 FEET
TO A FOUND IRON ROD AND CAP (LB#7245); THENCE N 45°22'18" E, 121.71 FEET TO
A FOUND IRON ROD AND CAP (LB#7245); THENCE N 45°05'41" E, 219.51 FEET TO A
FOUND IRON ROD AND CAP (LB#7245); THENCE N 17°02'00" E, 199.54 FEET TO A
FOUND IRON ROD AND CAP (LB#7245); THENCE N 34°17'24" E, 122.53 FEET TO A
FOUND IRON ROD (NO ID) MARKING THE EASTERNMOST CORNER OF SAID LANDS;
THENCE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LANDS, N 27°56'31" W,
542.55 FEET TO A FOUND CONCRETE MONUMENT (NO ID) MARKING THE
NORTHEAST CORNER OF SAID LANDS AND THE SOUTHEAST CORNER OF LANDS
DESCRIBED AS PARCEL 1 IN OFFICIAL RECORDS BOOK 3629, PAGE 592; THENCE
CONTINUE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LANDS, N 27°56'31"
W, 245.78 FEET TO A FOUND CONCRETE MONUMENT (NO ID) MARKING THE
NORTHEAST CORNER OF SAID LANDS AND LYING ON THE SOUTHERLY RIGHT-OF-
WAY BOUNDARY OF STATE ROAD #10 (US HIGHWAY #90); THENCE ALONG SAID
RIGHT-OF-WAY BOUNDARY, S 75°32'04" E, 81.29 FEET TO A FOUND CONCRETE
MONUMENT (NO ID) MARKING THE NORTHWEST CORNER OF LANDS DESCRIBED
IN OFFICIAL RECORDS BOOK 3158, PAGE 2357; THENCE LEAVING SAID RIGHT-OF-
WAY BOUNDARY AND ALONG THE SOUTHWESTERLY BOUNDARY OF SAID LANDS,
S 27°56'31" E, 733.36 FEET TO A FOUND IRON ROD AND CAP (LB#7245) MARKING THE
SOUTHERNMOST CORNER OF SAID LANDS; THENCE LEAVING THE SOUTHERLY
BOUNDARY OF SAID LANDS, S 69°35'42" E, 546.25 FEET TO A SET IRON ROD AND CAP
(LB#7245); THENCE S 81°14'13" E, 605.46 FEET TO A SET IRON ROD AND CAP (LB#7245)
LYING ON THE WESTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 2519, PAGE 3851; THENCE ALONG THE WESTERLY BOUNDARY OF
SAID LANDS AND THE WESTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 3014, PAGE 1407, OFFICIAL RECORDS BOOK 3367, PAGE 3606,
OFFICIAL RECORDS BOOK 3652, PAGE 1595, AND OFFICIAL RECORDS BOOK 3652,
PAGE 1600, S 02°05'19" W, 1480.72 FEET TO A FOUND CONCRETE MONUMENT (NO ID)
MARKING THE SOUTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 3652, PAGE 1600 AND LYING ON THE NORTHEASTERLY RIGHT-OF-WAY
BOUNDARY OF THE CSX RAILROAD; THENCE ALONG SAID RIGHT-OF-WAY
BOUNDARY, N 61°15'55" W, 2234.47 FEET TO A FOUND IRON ROD AND CAP (LB#5024)
Page 122 of 151
LYING ON THE SOUTHERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 2824, PAGE 3753; THENCE LEAVING SAID NORTHEASTERLY RIGHT-
OF-WAY BOUNDARY AND ALONG THE SOUTHERLY BOUNDARY OF SAID LANDS, S
88°57'59" E, 171.91 FEET TO A FOUND IRON ROD AND CAP (LB#5024); THENCE N
83°43'35" E, 174.16 FEET TO A FOUND IRON ROD AND CAP (NO ID); THENCE N
50°30'51" E, 99.04 FEET TO THE POINT OF BEGINNING; CONTAINING 42.82 ACRES,
MORE OR LESS.
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.
SECTION 8 – EFFECTIVE DATE. The effective date of this Ordinance shall be the date Comprehensive Plan
Amendment is adopted by Ordinance # 1919 and becomes legally effective.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 27th day of March, 2023.
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
Approved by me this 27th day of March, 2023.
______________________________________
J. B. Whitten
Mayor
Page 123 of 151
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N FERDON BLVD
S FERDON BLVD
JAMES LEE BLVD E
Vicinity Map
¯
PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET
Not to Scale
Subject Parcel(s)
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City Limits
Existing Use
CentrallyChurchesCountyFederalImproved ALight M anufactu ringManufactured HomeMobile HomeMunicipalPrivate SchoolRes CommonSingle FamilyStoresTimberlandVacantVacant C ommercialVacant/ResidentialWarehouse
Page 126 of 151
JAMES LEE BLVD E
E CHESTNUT AVE
PURL ADAMS AVE
SANDERS AVE
TALL PINES ST
WINGARD ST
VICTORY LN
D
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R
R
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A
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NEWPORT DR
HENDERSON DR
HENDERSON ST
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JAMES LEE BLVD E
CurrentFuture Land Use¯
PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET
0 400200
Feet
Legend
Subject Parcel
City Limits
City Future Land Use
Co mmercial (C)Industrial (IN)Mixed Use (MU)Co nservation (CON)Public Lands (PL)Reside ntial (R)
County Future Land Use
Co mmercial (C)Low Density Re sidential (LDR )Mixed Use (MU)
Page 127 of 151
JAMES LEE BLVD E
E CHESTNUT AVE
PURL ADAMS AVE
SANDERS AVE
TALL PINES ST
WINGARD ST
VICTORY LN
D
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L C
E
R
R
O
C
A
M
I
N
O
NEWPORT DR
HENDERSON DR
HENDERSON ST
F
A
I
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O
A
K
S
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JAMES LEE BLVD E
CurrentZoning¯
PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET
0 400200
Feet
Legend
Subject
City Limits
City ZoningSingle Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Fam ily 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)Mixed Use (MU)General Commercial (C-3)
Page 128 of 151
JAMES LEE BLVD E
E CHESTNUT AVE
PURL ADAMS AVE
SANDERS AVE
TALL PINES ST
WINGARD ST
VICTORY LN
D
E
L C
E
R
R
O
C
A
M
I
N
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NEWPORT DR
HENDERSON DR
HENDERSON ST
F
A
I
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A
K
S
D
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JAMES LEE BLVD E
ProposedFuture Land Use
¯
PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET
0 400200
Feet
Legend
Subject Parcel
City Lim its
City Futur e Land Use
Com me rcia l (C)
Industrial (IN)
Mixed U se (MU)
Conservation (CON)
Public La nd s (PL)
Residential (R)
County Future Land Use
Com me rcia l (C)
Low D ensity Residential (LDR)
Mixed U se (MU)
Page 129 of 151
JAMES LEE BLVD E
E CHESTNUT AVE
PURL ADAMS AVE
SANDERS AVE
TALL PINES ST
WINGARD ST
VICTORY LN
D
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L C
E
R
R
O
C
A
M
I
N
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NEWPORT DR
HENDERSON DR
HENDERSON ST
F
A
I
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O
A
K
S
D
R
JAMES LEE BLVD E
ProposedZoning¯
PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET
0 400200
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-Fam ily DwellingDistrict (R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Residential - 1 (R-1)Mixed Use (MU)General Commercial (C-3)
Page 130 of 151
LAKES LARGO HOA 5 DEL CERRO CAMINO CRESTVIEW, FL 32539
Lakes Largo Homeowners
Association (#N98000004785)
1 March 2023
5 Del Cerro Camino
Crestview, FL 32539
To: Community Development Services Planning and Zoning Division
From: Lakes Largo HOA (Parcel # 16-3N-23-0000-0032-003K)
Reference: Notice of Voluntary Annexation/Zoning Change Request (Parcel #16-
3N-23-0000-0013-0000)
The Lakes Largo Homeowners Association owns approximately 29 acres of
private Lakes and Damn area lying within the DEL CERRO VISTA S/D and adjacent
to the Harvest Ministries parcel. The lakes are spring fed, originating upstream
from the Harvest Ministries parcel and flowing down directly into our lake and
Mill Creek which eventually deposits into the Shoal River. Multiple private
residential properties border the lake located on Del Cerro Camino, Ponce De
Leon Rd and Newport Dr in the Del Cerro Vista neighborhood in District 1,
Okaloosa County. Many of the properties are 1 acre or larger in size and are
designated Property Use Code RES COMMON (000900).
As concerned citizens, property owners, and caretakers of this fragile ecosystem
already overburdened by unwanted and uncontrolled water runoff from
surrounding areas we request the Planning and Development Board consider
and address the following concerns prior to approval:
-Place priority on preservation and protection of the surrounding environment,
and maintaining quality of life for nearby neighborhoods
Page 131 of 151
2
-Zoning Density too high/not commensurate with surrounding residential areas
-Detrimental effects from potential construction activity to include impacts from
contamination, watershed runoff, environmental concerns and pollution
-Flooding resulting from over/improper development, failure to control and
maintain increased water runoff resulting from development
-Inadequate ingress/egress to Hwy 90 contributing to traffic congestion/safety
concerns
We strongly recommend the City Council address the above concerns, study
potential impacts to the environment, significantly reduce the Zoning Density,
conduct risk mitigation providing assurance that any/all approved development
will provide adequate retention ponds and system of stormwater runoff that
does include, contribute to or adversely impact an already overburdened
stormwater condition in our community.
Sincerely,
Mark Lynch
Sec/Treasurer Lakes Largo HOA
Page 132 of 151
CITY OF CRESTVIEW Item # 8.3.
Staff Report
CITY COUNCIL MEETING DATE: March 13, 2023
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Maryanne Schrader, City Clerk
DATE: 3/9/2023
SUBJECT: Ordinance 1921 Designating the Official Seal of the City of Crestview
BACKGROUND:
In researching the City Charter and Code of Ordinances, I was unable to locate any documention or legislation
officially designating the Official Seal for the City of Crestview or safeguarding the use.
DISCUSSION:
The purposed of this Ordinance is to designate an official municipal seal to be affixed on all official actions or
documents of the City and to identify and authenticate documents. City Attorney Jonathan Holloway has
reviewed the ordinance.
City Manager Tim Bolduc initially asked me to research whether we had a service mark for our city logo. I
have since applied for a service mark for the city logo and am awaiting a response from the Florida Department
of State. The ordinance designating the city seal is just the next step in the process.
This step underlines our goals and objectives that reinforces our Community Culture in developing our identity.
If approved, the ordinance will be published no later than March 16, 2023 for consideration of adoption on
March 27, 2023 in compliance with Fla. Stat. 166.041(3)(a).
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
Page 133 of 151
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
n/a
RECOMMENDED ACTION
Staff respectfully requests a motion to approve Ordinance 1921 on First Reading and move to Second Reading
for final adoption.
Attachments
1. Ordinance 1921 - City Seal Designation
Page 134 of 151
ORDINANCE: 1921
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
CRESTVIEW, FLORIDA DESIGNATING THE OFFICIAL SEAL OF
THE CITY OF CRESTVIEW; PROVIDING FOR PENALTIES FOR
UNAUTHORIZED USE; STANDARDS FOR PUBLIC USE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES
IN CONFLICT; AND PROVIDING FORAN EFFECTIVE DATE
WHEREAS, in accordance with Florida Statutes, section 165.043, which provides that a municipality may by
Ordinance designate an official municipal seal to be affixed on all official actions or documents of the City and
to identify and authenticate documents; and,
WHEREAS, the current corporate municipal seal has been in use for decades and the City Council wishes to
designate its corporate seal as an official municipal corporate seal pursuant to section 165.043, which provides
for adoption of the municipal seal by Ordinance; and,
WHEREAS, Florida Statute, Section 165.043 further provides that a seal so adopted shall be entitled to the
protections afforded by that statute, including that the unauthorized use of the seal constitutes a misdemeanor of
the second degree; and,
WHEREAS, the City Council of the City of Crestview finds that the seal of the City is an important
representation of the unique characteristics of the City of Crestview, and that the seal should be protected as a
matter of intellectual property to the fullest extent allowed by law, such that the general public may rely upon
the display or representation of the municipal corporate seal as the official corporate municipal seal of the City;
and,
WHEREAS, the City Council of the City of Crestview finds that regulating and prohibiting the unauthorized
use of the City's designated seal serves an important municipal purpose.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF CRESTVIEW, FLORIDA:
Section 1. Official Corporate Municipal Seal: The following specimen seal of the City of CRESTVIEW is
hereby adopted and designated as the official corporate seal of the City of Crestview, Florida:
Section 2. Affixation of Seal: Wherever it shall be necessary for an official seal of the City of Crestview,
Florida to be affixed to contracts, deeds, or other documents, the City Clerk shall affix the official seal to such
contract, deed, or other document.
Section 3. Custodian of the City Seal: The City Clerk shall be the custodian of the City of Crestview corporate
municipal seal and shall be authorized to affix the seal when required. Upon written notice by the City Clerk,
the Deputy City Clerk or other designee is authorized by law to affix the city seal.
Section 4. Severability: Should the provisions of this Ordinance be declared to be severable and if any section,
sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall remain notwithstanding
the invalidity of any part.
Section 5. Effective Date: This Ordinance shall be effective upon final adoption.
Page 135 of 151
Passed and adopted by the City Council of Crestview, Florida on the __ day of ______2023.
Approved this __ day of ________ 2023.
_____________________________________
J. B. Whitten, Mayor
ATTEST:
___________________________________
Maryanne Schrader, City Clerk
Page 136 of 151
CITY OF CRESTVIEW
ORDINANCE 2023 - __
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW,
FLORIDA DESIGNATING THE OFFICIAL SEAL OF THE CITY; PROVIDING
FOR PENALTIES FOR UNAUTHORIZED USE; STANDARDS FOR PUBLIC USE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, in accordance with Florida Statutes, section 165.043, which provides
that a municipality may by Ordinance designate an official municipal seal to be affixed on
all official actions or documents of the City and to identify and authenticate documents; and,
WHEREAS, the current corporate municipal seal has been in use for decades and the
City Council wishes to designate its corporate seal as an official municipal corporate seal
pursuant to section 165.043, which provides for adoption of the municipal seal by
Ordinance; and,
WHEREAS, Florida Statute, Section 165.043 further provides that a seal so adopted
shall be entitled to the protections afforded by that statute, including that the unauthorized
use of the seal constitutes a misdemeanor of the second degree; and,
WHEREAS, the City Council of the City of Crestview finds that the seal of the City
is an important representation of the unique characteristics of the City of Crestview, and that
the seal should be protected as a matter of intellectual property to the fullest extent allowed
by law, such that the general public may rely upon the display or representation of the
municipal corporate seal as the official corporate municipal seal of the City; and,
WHEREAS, the City Council of the City of Crestview finds that regulating and
prohibiting the unauthorized use of the City's designated seal serves an important municipal
purpose.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
CRESTVIEW, FLORIDA:
Section 1. Official Corporate Municipal Seal: The following specimen seal of the City
of CRESTVIEW is hereby adopted and designated as the official corporate seal of the City
of Crestview, Florida:
Page 137 of 151
Section 2. Affixation of Seal: Wherever it shall be necessary for an official seal of
the City of Crestview, Florida to be affixed to contracts, deeds, or other documents, the City
Clerk shall affix the official seal to such contract, deed, or other document.
Section 3. Custodian of the City Seal: The City Clerk shall be the custodian of the
City of Crestview corporate municipal seal and shall be authorized to affix the seal
when required. Upon written notice by the City Clerk, the Deputy City Clerk or other
designee is authorized by law to affix the city seal.
Section 4. Severability: Should the provisions of this Ordinance be declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall remain
notwithstanding the invalidity of any part.
Section 5. Effective Date: This Ordinance shall be effective upon final adoption.
Passed and adopted by the City Council of Crestview, Florida on the __ day of ______2023.
Approved this __ day of ________ 2023.
_____________________________________
J. B. Whitten, Mayor
ATTEST:
___________________________________
Maryanne Schrader, City Clerk
Page 138 of 151
CITY OF CRESTVIEW Item # 9.1.
Staff Report
CITY COUNCIL MEETING DATE: March 13, 2023
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, Senior Planner
DATE: 3/9/2023
SUBJECT: Resolution Regarding a Comprehensive Fee Schedule Amendment - Sidewalk Fund
BACKGROUND:
On the 22nd of August 2022, Ordinance 1891 was adopted, making a number of revisions to the Land
Development Code, including the requirement for contribution to the sidewalk fund. The sidewalk fund was
established to provide for future sidewalk construction in lieu of installation of sidewalks that would not
connect to an existing sidewalk network. On that same day, Resolution 2022-21 was adopted establishing a
sidewalk fund contribution amount that would be based on the City's annual contract for sidewalk installation.
DISCUSSION:
Following adoption of the aforementioned Ordinance and Resolution, staff attempted to secure a contract for
sidewalk installation via the RFP process, as well as attempting to piggyback with other municipal sidewalk
contracts elsewhere.
In the interest of establishing a fair but effective contribution amount for developments that are currently
underway, the Director of Operations as well as staff from the Public Services department each analyzed bid
prices for sidewalk installation on past projects. These included two bid prices for a 4" thick sidewalk on PJ
Adams, which were $58.00 per square yard and $59.41 square yard. Since the time that those amounts were
bid, the price for sidewalks/concrete has steeply increased to about double that rate. Rounding each of those
numbers to $60.00, and doubling, resulted in $120.00 per square yard, which equates to $13.00 per square foot
or $65.00 per linear foot of 4" thick sidewalk at 5' sidewalk width. In order to avoid additional unexpected
changes in material costs, there is also verbiage provided in the fee schedule language to take into account
current material costs, should they change.
Staff believes that this amount is an accurate estimate that we can revisit annually to keep up with increasing
costs as necessary.
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
Page 139 of 151
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
This resolution will establish a sidewalk fund contribution that can consistently be implemented in future
development review to fund the future construction of City sidewalks.
RECOMMENDED ACTION
Staff respectfully requests adoption of Resolution 2023-7.
Attachments
None
Page 140 of 151
RESOLUTION: 2023- 7
A RESOLUTION OF THE CITY OF CRESTVIEW, FLORIDA,
AMENDING THE COMPREHENSIVE FEE SCHEDULE TO REVISE
THE SIDEWALK FUND CONTRIBUTION AMOUNT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW,
FLORIDA AS FOLLOWS:
SECTION 1 – AUTHORITY. The authority for enactment of this resolution is Section 166.021 and Section
163.31801, Florida Statutes and Article I, Section 2 of the City Charter.
SECTION 2. That the Comprehensive Fee Schedule; Miscellaneous Fees, Sidewalk Fund Contribution, is
hereby amended to read as follows:
Sidewalk Fund
Contribution
Required where no
adjacent sidewalk
network exists for
development to
connect to.
Equivalent cost per
linear foot of
sidewalks that would
typically be required
along the street
frontage of subject
property (Land
Development Code
Section 8.05.00).
Based on annual contract for
sidewalk installation, per linear
foot.
$13 per square foot ($65.00 per
linear foot for 5' wide sidewalk),
subject to cost of material at the
time fund contribution is made
Resolution 2022-21
Resolution 2023-7
SECTION 3 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this resolution 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 resolution which can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this resolution are declared severable.
SECTION 4 – REPEALER. All resolutions or parts of resolutions in conflict with the provisions of this
resolution are hereby repealed to the extent of such conflict.
SECTION 5 – EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED IN REGULAR SESSION THIS 13th DAY OF MARCH, 2023.
APPROVED:
_____________________________________
Page 141 of 151
J. B. Whitten
Mayor
ATTEST:
______________________________________
Maryanne Schrader
City Clerk
Page 142 of 151
CITY OF CRESTVIEW Item # 9.2.
Staff Report
CITY COUNCIL MEETING DATE: March 13, 2023
TYPE OF AGENDA ITEM: Resolution
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Michael Criddle, Public Services Director, Tim Bolduc, City Manager
DATE: 3/9/2023
SUBJECT: Resolution Relating to the Florida Department of State Revolving Fund - Elevated Storage
Tank
BACKGROUND:
The City of Crestview is requesting the Elevated Storage Tank Planning project be included in the State
Revolving Fund loan program. The project involves the initial planning effort to evaluate expansion of the
potable water system. The project will evaluate potential locations and sizes for the additional tank or tanks
needed to continue expansion of the City's potable water system. Resolution 2023-8 is required by the State
SRF program to ensure that the City Council is supportive of this initiative and that the public is notified.
DISCUSSION:
The SW State Road 85 Bypass is currently under construction through mostly undeveloped areas on the
western side of the City of Crestview, and the City is projecting rapid residential and commercial growth along
this new roadway upon its completion. In the current condition, the City does not have adequate water service
in this area to meet those projected needs. The City is pursuing the planning and design of an elevated water
storage tank to provide water storage capacity to supply water and fire protection to this area. All eligible
sources of funding for the planning, design, and construction are being sought to ensure the City is able to meet
the needs of the future. The SRF program meets a portion of these needs.
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
Opportunity- Promote an environment that encourages economic and educational opportunity
Page 143 of 151
FINANCIAL IMPACT
The requested SRF loan amount is $50,000 for planning and engineering.
RECOMMENDED ACTION
Staff respectfully requests a motion to approve Resolution 2023-8 which allows for application for SRF
funding for this project.
Attachments
1. 2023-8_ElevatedWaterStorageTank_SRF
Page 144 of 151
RESOLUTION: 2023- 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CRESTVIEW, FLORIDA, RELATING TO THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) STATE
REVOLVING FUND (SRF), ADOPTION OF THE ELEVATED WATER
STORAGE TANK
PLANNING PROJECT, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, The City Council of Crestview, Florida (The Council) hereby approves the submission of an
application for an SRF low-interest loan (the Loan) for the Crestview Elevated Water Storage Tank Planning,
hereby accepting the planning documentation and meeting other purposes; and
WHEREAS, SW State Road 85 Bypass is currently under construction through mostly undeveloped areas on
the western side of the City of Crestview; and The City is projecting residential and commercial growth along
this new roadway upon its completion; and The City currently does not have adequate water service in this
area; and
WHEREAS, The City is pursuing the planning and design of an elevated water storage tank to provide water
storage capacity to supply water and fire protection to this area; and
WHEREAS, Florida Statutes provide for loans to local government agencies to finance the planning of elevated
water storage tanks; and
WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to establish pledged
revenues, to designate an authorized representative; to provide assurances of compliance with loan program
requirements; and to enter into a loan agreement; and
WHEREAS, the State Revolving Fund loan priority list designates Project No. DW46074 as eligible for
available funding; and
WHEREAS, the City of Crestview, Florida, intends to enter into a loan agreement with the Department of
Environmental Protection under the State Revolving Fund for project financing.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA
THAT:
The City Manager is hereby designated as the authorized representative to provide the assurances and
commitments that will be required by the SRF Process.
SECTION 1: The Mayor is authorized to:
1. Certify that this public hearing was held on March 13, 2023; and
2. Certify that the financial planning information discussed at the public hearing is correct and that the City of
Crestview has the capability to repay the loan; and
3. Certify that the project is in accordance with the City's Comprehensive Plan.
SECTION 2: The Mayor is further authorized to submit an application for an SRF loan for the project(s) to the
FDEP and to furnish such information as they may request in connection with an application for the SRF loan,
including assurances of financial capability to repay the loan.
SECTION 3: The Mayor is further authorized to execute any and all other necessary instruments in connection
with obtaining the SRF loan for the project.
SECTION 4: The net water and sewer system revenues, including reconnection fees, after payments of all prior
and senior liens, are pledged for the repayment of the loan.
SECTION 5: All Resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are
hereby repealed.
SECTION 6: If any section or portion of a section of this Resolution proves to be invalid, unlawful, or
unconstitutional, it shall not be held to invalidated or impair the validity, force, or effect or any other section or
Page 145 of 151
part of this Resolution.
Section 7. Effective Date
This Resolution shall take effect upon its approval and adoption by the City Council.
PASSED AND ADOPTED IN REGULAR SESSION THIS __th DAY OF MARCH 2023.
APPROVED:
__________________________________
By: JB Whitten, Mayor
ATTEST:
Maryanne Schrader, City Clerk
Page 146 of 151
RESOLUTION: 2023-8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CRESTVIEW, FLORIDA, RELATING TO THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) STATE REVOLVING FUND
(SRF), ADOPTION OF THE ELEVATED WATER STORAGE TANK
PLANNING PROJECT, AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, The City Council of Crestview, Florida (The Council) hereby approves the
submission of an application for an SRF low-interest loan (the Loan) for the Crestview
Elevated Water Storage Tank Planning, hereby accepting the planning documentation and
meeting other purposes; and
WHEREAS, SW State Road 85 Bypass is currently under construction through mostly
undeveloped areas on the western side of the City of Crestview; and The City is projecting
residential and commercial growth along this new roadway upon its completion; and The City
currently does not have adequate water service in this area; and
WHEREAS, The City is pursuing the planning and design of an elevated water storage tank to
provide water storage capacity to supply water and fire protection to this area; and
WHEREAS, Florida Statutes provide for loans to local government agencies to finance the
planning of elevated water storage tanks; and
WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to
establish pledged revenues, to designate an authorized representative; to provide assurances of
compliance with loan program requirements; and to enter into a loan agreement; and
WHEREAS, the State Revolving Fund loan priority list designates Project No. DW46074 as
eligible for available funding; and
WHEREAS, the City of Crestview, Florida, intends to enter into a loan agreement with the
Department of Environmental Protection under the State Revolving Fund for project financing.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CRESTVIEW, FLORIDA THAT:
Page 147 of 151
The City Manager is hereby designated as the authorized representative to provide the
assurances and commitments that will be required by the SRF Process.
SECTION 1: The Mayor is authorized to:
1.Certify that this public hearing was held on March 13, 2023; and
2.Certify that the financial planning information discussed at the public hearing is correct
and that the City of Crestview has the capability to repay the loan; and
3.Certify that the project is in accordance with the City's Comprehensive Plan.
SECTION 2: The Mayor is further authorized to submit an application for an SRF loan for the
project(s) to the FDEP and to furnish such information as they may request in connection with
an application for the SRF loan, including assurances of financial capability to repay the loan.
SECTION 3: The Mayor is further authorized to execute any and all other necessary
instruments in connection with obtaining the SRF loan for the project.
SECTION 4: The net water and sewer system revenues, including reconnection fees, after
payments of all prior and senior liens, are pledged for the repayment of the loan.
SECTION 5: All Resolutions or part of Resolutions in conflict with any of the provisions of
this Resolution are hereby repealed.
SECTION 6: If any section or portion of a section of this Resolution proves to be invalid,
unlawful, or unconstitutional, it shall not be held to invalidated or impair the validity, force, or
effect or any other section or part of this Resolution.
Section 7. Effective Date
This Resolution shall take effect upon its approval and adoption by the City Council.
PASSED AND ADOPTED IN REGULAR SESSION THIS __th DAY OF MARCH 2023.
APPROVED:
__________________________________
By: JB Whitten, Mayor
ATTEST:
Maryanne Schrader, City Clerk
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CITY OF CRESTVIEW Item # 13.1.
Staff Report
CITY COUNCIL MEETING DATE: March 13, 2023
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Barry Henderson, Development Services Director, Doug Capps
DATE: 3/9/2023
SUBJECT: Ordinance Discussion - Ground-Mounted Solar Panels
BACKGROUND:
Currently, the Land Development Code does not contain requirements or restrictions explicitly pertaining to
ground-mounted solar panels.
DISCUSSION:
Brought forward by Councilmember Doug Capps.
A draft ordinance has been prepared by staff to discuss this topic. The draft ordinance can be found attached to
this item.
GOALS & OBJECTIVES
FINANCIAL IMPACT
No known impact.
RECOMMENDED ACTION
Staff respectfully requests direction regarding the draft language of this ordinance.
Attachments
None
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ORDINANCE:
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA,
AMENDING SECTION 2.02.00 – DEFINITIONS AND SECTION 7.01.00 –
ACCESSORY STRUCTURES, OF THE CITY OF CRESTVIEW LAND
DEVELOPMENT CODE TO DEFINE AND PROVIDE STANDARDS FOR
GROUND MOUNTED SOLAR ENERGY SYSTEMS; PROVIDING FOR
AUTHORITY; 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 The City of Crestview Land Development Code.
SECTION 2 – AMENDING SECTION 2.02.00 – DEFINITIONS, OF THE LAND DEVELOPMENT
CODE. Section 2.02.00 of the Land Development Code is hereby amended with the addition of the following
definition:
Ground-mounted solar energy system: A solar photovoltaic system mounted on a rack or pole that is ballasted on,
or is attached to, the ground.
SECTION 3 - AMENDING SECTION 7.01.00 – ACCESSORY STRUCTURES, OF THE LAND
DEVELOPMENT CODE. Section 7.01.00 of the Land Development Code is hereby amended with the addition
of Section 7.01.05, as follows:
7.01.05 – Ground Mounted Solar Energy Systems
A. Placement:
1. A ground-mounted solar energy system shall be located only within a rear yard.
2. The system shall be setback a minimum of seven and one-half (7.5) feet from any side or rear property line.
Measurements for setback compliance shall be measured from the outermost edge of the structure (including
the panels and/or associated mounting equipment) to the property line.
3. The system shall not be located within any required buffer area, required landscape area, required parking lot
landscaping, required parking spaces, stormwater management area, wetland buffer, driveway, or easement.
4. If located in a floodplain project must comply with LDC Section 5.05.00.
B. Maximum area coverage. A ground-mounted solar energy system shall be limited to a maximum of twenty-five (25)
percent of the rear yard.
C. Height standards. The maximum height of a ground-mounted solar energy system shall not exceed fifteen (15) feet as
measured from the natural grade at the base of the structure to the highest point of the array or solar structure.
D. Security. A minimum of a 6’ fence must be constructed in a way to eliminate unimpeded public access.
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.
Page 150 of 151
SECTION 5 - SCIVENER'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 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. This ordinance shall take effect immediately upon its adoption.
Passed and adopted on second reading by the City Council of Crestview, Florida on the ____ day of __________,
2023.
Approved by me this ____ day of __________, 2023.
______________________________________
J. B. Whitten, Mayor
ATTEST:
_____________________________________
Maryanne Schrader, City Clerk
Page 151 of 151