City Council Regular Meeting Monday, August 5, 2019 Council Chambers at 5:30 PM

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AGENDA City Council Regular Meeting Monday, August 5, 2019 Council Chambers at 5:30 PM

1. ROLL CALL, INVOCATION, AND PLEDGE OF ALLEGIANCE

2. APPROVAL OF MINUTES

5 - 9 A. July 15, 2019, Regular Meeting Minutes City Council Regular Meeting - 15 Jul 2019 - Minutes - Pdf

11 - 12 B. July 18, 2019, Special Meeting Minutes City Council Special Meeting - 18 Jul 2019 - Minutes - Pdf

13 - 16 C. July 29, 2019, Special Meeting Minutes City Council Special Meeting - 29 Jul 2019 - Minutes - Pdf

3. RESOLUTIONS AND ORDINANCES

17 - 23 A. Ordinance No. 12-2019 - Formula Business Moratorium Ordinance FIRST READING Agenda Memo - Ordinance No. 12-2019 - Formula Business Moratorium Ordinance - Pdf

25 - 34 B. Ordinance 13-2019 - Electronic Reader Board Signs FIRST READING Agenda Memo - Ordinance 13-2019 - Electronic Reader Board Signs - Pdf

35 - 41 C. Ordinance No. 14-2019 - Municipal Public Service Tax (MPST) FIRST READING Agenda Memo - Ordinance No. 14-2019 - Municipal Public Service Tax (MPST) - Pdf

43 - 48 D. Ordinance No. 15-2019, regarding the City's Communications Service Tax (CST) FIRST READING

Page 1 of 92 Agenda Memo - Ordinance No. 15-2019, regarding the City's Communications Service Tax (CST) - Pdf

49 - 53 E. Resolution No. 27-2019 - Special Assessment for Dredging Hoffman Bayou Agenda Memo - Resolution No. 27-2019 - Special Assessment for Dredging Hoffman Bayou - Pdf

55 - 60 F. Resolution No. 28-2019 - Special Assessment for Dredging Woodland Bayou Agenda Memo - Resolution No. 28-2019 - Special Assessment for Dredging Woodland Bayou - Pdf

4. CONSENT AGENDA ITEMS

61 - 62 A. Splash Pad Spectator Area Expansion – Bid Results Agenda Memo - Splash Pad Spectator Area Expansion – Bid Results - Pdf

63 - 66 B. Warren Averett Engagement of Services Agreement Agenda Memo - Contractual Services Request - Pdf

67 - 71 C. Authorization to Bid FY 2019 Roadway Resurfacing Agenda Memo - Authorization to Bid FY 2019 Resurfacing Project - Pdf

73 - 81 D. Daniel Drive Easement Agreement Agenda Memo - Daniel Drive Easement Agreement - Pdf

83 - 92 E. Biosolids Hauling & Disposal Contract Authorization to Bid Agenda Memo - Biosolids Hauling & Disposal Contract Authorization to Bid - Pdf

5. DISCUSSION ITEMS

A. Volunteer Fire Department Follow Up Discussion

6. NEW BUSINESS

7. PUBLIC FORUM

8. COUNCIL COMMENTS

9. ADJOURNMENT

If any person decides to appeal any decisions made with respect to any matter considered at this meeting or public hearing, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and any evidence upon which the appeal is to be based. The public is invited to comment on matters before the City Council upon seeking and receiving recognition from the Chair. If you are a person with a disability who needs accommodation in order

Page 2 of 92 to participate in a public hearing you are entitled to the provision of certain assistance. Please contact the City Clerk’s office at (850) 934-5115 or at 1070 Shoreline Drive, Gulf Breeze at least one (1) week prior to the date of the public hearing.

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MINUTES City Council Regular Meeting

Council Chambers July 15, 2019 at 5:30 PM

The City Council Regular Meeting of the City of Gulf Breeze, Florida, was held in Council Chambers on July 15, 2019, at 5:30 PM.

1. ROLL CALL, INVOCATION, AND PLEDGE OF ALLEGIANCE

COUNCIL PRESENT: Mayor Fitch, Mayor Pro Tem Naile, Councilman Torgersen, and Councilman Schluter

COUNCIL ABSENT: Councilman Hebert

2. APPROVAL OF MINUTES A. July 1, 2019 Regular Meeting Minutes

Mayor Pro Tem Naile made a motion to approve the minutes from the July 1, 2019, meeting. Councilman Torgersen seconded the motion. The vote for approval was 4 - 0 unanimous with Councilman Hebert absent.

B. July 8, 2019, Special Meeting Minutes

Councilman Torgersen made a motion to approve the minutes from the July 8, 2019, meeting. Mayor Pro Tem Naile seconded the motion. The vote for approval was 4 - 0 unanimous with Councilman Hebert absent.

3. PROCLAMATIONS AND PRESENTATIONS A. Recognition of the 2019 Citizen Academy Participants

The City Council recognized and thanked the graduates of the 2019 Citizens Academy. The Council also recognized Buz Eddy's role as facilitator of the Academy. Mr. Eddy addressed the Council and then presented the graduates with plaques. The following citizens participated in the 2019 Citizens Academy: John Adams, Jeremy Diamond, Laura Giberman, Seth Grant, Jim Green, Mia Jerrems, Amy Stulajter, David Stulajter, David Tillar, Beau Vignes, Bill Wein, Michael Werner, and Christa Wilson.

4. RESOLUTIONS AND ORDINANCES A. Resolution No. 24-2019 Approving a Plan of Finance for Viera Charter Schools, Inc., and the Issuance of not to exceed $15,000,000 in Capital Trust Agency Bonds

Reference: City Manager memo dated July 9, 2019

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Page 5 of 92 Recommendation: That the City Council adopt Resolution No. 24-2019 approving a plan of finance for Viera Charter Schools, Inc., authorizing issuance of not to exceed $15,000,000 in Capital Trust Agency bonds.

Mayor Pro Tem Naile made a motion to adopt Resolution No. 24-2019. Councilman Torgersen seconded the motion. The vote for approval was 4 - 0 unanimous with Councilman Hebert absent.

B. Resolution No. 25-2019 Approving a Plan of Finance for Cedar Grove MG LP, a Florida limited partnership, whose general partner is AOF Florida Affordable Housing Corp., and the Issuance of not to exceed $30,000,000 in Capital Trust Agency Bonds

Reference: City Manager memo dated July 9, 2019

Recommendation: That the City Council adopt Resolution No. 25-2019 approving a plan of finance for Cedar Grove MG LP, a Florida limited partnership, whose general partner is AOF Florida Affordable Housing Corp., authorizing issuance of not to exceed $30,000,000 in Capital Trust Agency bonds.

Councilman Schluter made a motion to adopt Resolution No. 25-2019. Councilman Torgersen seconded the motion. The vote for approval was 4 - 0 unanimous with Councilman Hebert absent.

C. Resolution No. 26-2019 Approving a Plan of Finance for Northstar Academies, Inc., and the Issuance of not to exceed $60,000,000 in Capital Trust Agency Bonds

Reference: City Manager memo dated July 9, 2019

Recommendation: That the City Council adopt Resolution No. 26-2019 approving a plan of finance for Northstar Academies, Inc., authorizing issuance of not to exceed $60,000,000 in Capital Trust Agency bonds.

Councilman Torgersen made a motion to adopt Resolution No. 26-2019. Mayor Pro Tem Naile seconded the motion. The vote for approval was 4 - 0 unanimous with Councilman Hebert absent.

D. Blueways Memorandum of Understanding and Proclamation (This item was moved from Consent Agenda)

Reference: Director of Parks & Recreation memo dated July 8, 2019

Recommendation: That Council authorize the signing of the attached Memorandum of Understanding and Proclamation, establishing the City of Gulf Breeze as Blueway Community, as recognized by the Florida Paddling Trail Association.

Mr. Pulley addressed the Council and answered questions. He introduced Lynn Howe, Chairman of the City's Advisory Park Board, and Dan Brown, Superintendent of the Gulf Islands National Seashore.

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Councilman Schluter made a motion to approve staff's recommendation. Mayor Pro Tem Naile seconded the motion. The vote for approval was 4 - 0 unanimous with Councilman Hebert absent.

5. QUASI-JUDICIAL PROCEEDING

The City Attorney advised the Council of Quasi-Judicial proceedings.

The City Attorney asked the Council if they had any exparte communications. There were none.

The City Clerk swore all witnesses who were going to testify during the proceeding.

A. Development Review Board Referral for a Seawall and Upland Retaining Wall at 96 Highpoint Drive

Reference: Director of Community Services memo dated July 9, 2019

Recommendation: That the City Council approve the seawall and upland retaining wall request for 96 Highpoint Drive.

Director of Community Services presented on behalf of the City and Keith Johnson with Wetland Sciences presented on behalf of the applicants.

Councilman Torgersen made a motion to approve the Development Review Board's recommendation to approve the seawall and upland retaining wall request for 96 Highpoint Drive. Mayor Pro Tem Naile seconded the motion. The vote for approval was 4 - 0 unanimous with Councilman Hebert absent.

6. CONSENT AGENDA ITEMS A. Emergency Pump Rental for Reuse Pumping Station

Reference: Utility Manager memo dated June 26, 2019

Recommendation: That the City Council approve the expenditure of $7,155.00 paid to Hydra Service for the rental of a an emergency portable pump for the reuse pump station.

Councilman Schluter made a motion to approve staff's recommendation. Mayor Pro Tem Naile seconded the motion. The vote for approval was 4 - 0 unanimous with Councilman Hebert absent.

7. ACTION ITEMS A. Comprehensive Rate Study for Water & Sewer Utilities

Reference: Assistant Director of Public Services memo dated July 15, 2019

Recommendation: The City Council approve and authorize the Mayor to sign an agreement with Raftellis Financial Services for the comprehensive water and sewer utilities rate study for a fee of $93,800.

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Mayor Pro Tem Naile made a motion to approve staff's recommendation. Councilman Torgersen seconded the motion. The vote for approval was 4 - 0 unanimous with Councilman Hebert absent.

B. Replacement of the Fire Department's Support Truck

Reference: Fire Chief memo dated June 26, 2019

Recommendation: That the City Council approve the purchase of a 2019 Dodge Ram 2500 4WD crew cab pickup truck from the Florida State Term Contract for $37,482.30 and using the remaining balance of $7,517.70 to outfit the vehicle with the necessary emergency warning lights, decals and siren.

Mayor Pro Tem Naile made a motion to approve staff's recommendation. Councilman Schluter seconded the motion. The vote for approval was 4 - 0 unanimous with Councilman Hebert absent.

C. Designation of Voting Delegate - Florida League of Cities 93rd Annual Conference 2019

Reference: City Manager memo dated July 9, 2019

Recommendation: That the City Council determine which Council member(s) will be attending the Florida League of Cities Annual Conference and designate a Voting Delegate.

Mayor Cherry Fitch will attend the conference and serve as the Voting Delegate.

Mayor Pro Tem Naile made a motion to appoint Mayor Cherry Fitch as the Voting Delegate at the Florida League of Cities 93rd Annual Conference. Councilman Schluter seconded the motion. The vote for approval was 4 - 0 unanimous with Councilman Hebert absent.

8. DISCUSSION ITEMS A. Discussion Regarding a Paid Fire Department

Reference: City Manager memo dated July 10, 2019

Recommendation: That the City Council consider the creation of a citizen ad-hoc committee for the purpose of developing and evaluating various scenarios for paid fire services, and provide recommendations and costs to the City Manager and City Council for further examination.

Fire Chief Shane Carmichael answered questions of the Council. Chief Carmichael asked the Council to consider including current Gulf Breeze Volunteer Fire Fighters in committee discussions.

Mayor Pro Tem Naile made a motion to create a citizen ad-hoc committee for the purpose of developing and evaluating various scenarios for paid fire services, and provide recommendations and costs to the City Manager and City Council for further examination. Councilman Torgersen seconded the motion. The vote for approval was 4 - 0 unanimous with Councilman Hebert absent.

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B. Fireworks inside the City Limits

Reference: City Manager memo dated July 9, 2019

Mayor Pro Tem Naile opened discussions regarding this item.

Bill Wein, 409 Montrose Blvd., spoke about this item.

No action was taken.

The vote for approval was unanimous.

9. NEW BUSINESS - None

10. PUBLIC FORUM - None

11. ADJOURNMENT Mayor Fitch adjourned the meeting at 6:53 p.m.

Cherry Fitch, Mayor

Stephanie D. Lucas, City Clerk

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MINUTES City Council Special Meeting

Council Chambers July 18, 2019 at 5:30 PM

The City Council Special Meeting of the City of Gulf Breeze, Florida, was held at Council Chambers on July 18, 2019, at 5:30 PM.

1. ROLL CALL

COUNCIL PRESENT: Mayor Fitch, Mayor Pro Tem Naile, Councilman Torgersen, and Councilman Schluter

COUNCIL ABSENT: Councilman Hebert

2. RESOLUTIONS AND ORDINANCES A. Ordinance 11-2019 - Proposed Amendments to City Charter

The City Clerk read the Ordinance by title. The Mayor opened the Public Hearing. There being no comments the Mayor closed the Public Hearing.

Reference: City Manager memo dated July 9, 2019

Recommendation: That the City Council hold a Public Hearing on Thursday, July 18, 2019, and adopt Ordinance 11-2019 on Second Reading. Mayor Pro Tem Naile made a motion to adopt Ordinance 11-2019. Councilman Torgersen seconded the motion. The vote for approval was 4 - 0 unanimous with Councilman Hebert absent.

3. CONSENT AGENDA ITEMS A. School Resource Officer Agreement 2019-2020 School Year

Reference: Chief of Police memo dated July 18, 2019.

Recommendation: That the City Council approve the School Resource Officer Agreement for the 2019-2020 school year and authorize the Mayor to sign the agreement. Councilman Schluter made a motion to approve staff's recommendation. Councilman Torgersen seconded the motion. The vote for approval was 4 - 0 unanimous with Councilman Hebert absent.

4. ACTION ITEMS A. Resolution 23-2019-Naming the Pensacola Bay Bridge after U.S. Air Force General Daniel "Chappie" James.

Reference: City Manager memo dated July 18, 2019

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Page 11 of 92 Recommendation: That the City Council endorse the recommendation of the Pensacola Bay Bridge Naming Committee to name the Pensacola Bay Bridge after General Daniel "Chappie" James. Mayor Pro Tem Naile made a motion to adopt Resolution 23-2019 and approve staff's recommendation. Councilman Schluter seconded the motion. The vote for approval was 4 - 0 unanimous with Councilman Hebert absent.

5. DISCUSSION ITEMS

The City Manager advised the Council of the Escambia County Commission's decision to give authority for waiving tolls to the beach when traffic begins to back up on Highway 98.

6. NEW BUSINESS None

7. PUBLIC FORUM None

8. ADJOURNMENT Mayor Fitch adjourned the meeting at 5:43 p.m.

Cherry Fitch, Mayor

Leslie A. Guyer, CMC, City Clerk

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MINUTES City Council Special Meeting

Council Chambers July 29, 2019 at 5:30 PM

The City Council Special Meeting of the City of Gulf Breeze, Florida, was held at Council Chambers on July 29, 2019, at 5:30 PM.

1. ROLL CALL

COUNCIL PRESENT: Mayor Fitch, Mayor Pro Tem Naile, Councilman Torgersen, Councilman Hebert, and Councilman Schluter

COUNCIL ABSENT:

2. ACTION AGENDA ITEMS A. Consideration of a Proposed Millage Rate for FY2019

Reference: City Manager memo dated July 24, 2019.

Recommendation: That the City Council consider a proposed millage rate for FY2020in the amount of 1.9723 mills. Councilman Torgersen made a motion to approve staff's recommendation. Councilman Hebert seconded the motion. The vote for approval was 5 - 0 unanimous.

3. NEW BUSINESS A. Municipal Public Service Tax (MPST) MPST memol.7.29.19

Reference: City Manager memo dated July 29, 2019.

Recommendation: That the City Council direct the City Manager to draft an Ordinance establishing a MPST rate of 10% effective January 1, 2020 on a First Reading on August 5, 2019 and hold a public hearing on said ordinance on August 19, 2019 and approve it upon Second Reading on that date.

Following discussions, the Council directed the City Manager to move forward with drafting an ordinance and requested additional information regarding the communication tax prior to the First Reading. No formal action was taken.

4. DISCUSSION ITEMS None.

5. PUBLIC FORUM None.

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6. ADJOURNMENT Mayor Fitch adjourned the meeting at 5:50 p.m.

Cherry Fitch, Mayor

Leslie A. Guyer, CMC, City Clerk

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Memorandum

To: Mayor and City Council

From: Samantha D. Abell, City Manager

Date: 7/29/2019

Subject: Municipal Public Service Tax (MPST) and Communications Service Tax

The Gulf Breeze City Council held its budget work sessions on July 22nd, whereby the City Council reviewed annual discussions to raise MPST and CST to the regional average. The City has increasingly relied on General Fund reserves to balance the overall budget. Diversifying revenue sources by charging the regional three-county average will promote financial sustainability in the General Fund and provide dedicated grant match funding for the City’s stormwater and septic tank elimination projects. As you know, municipalities have the ability to establish a MPST on the purchases of electricity, metered natural gas, liquefied petroleum gas, and water service. F.S. Sections 166.231-.235 provides that municipalities can establish a rate of up to 10%. Currently the City’s rate is 7.5%. The decision was also made after comparing the rates in place in surrounding communities. The largest component of the MPST is the tax on electricity, although this tax is also applied to City water/sewer customers and city natural gas accounts. The impact of this rate increase will be tied to consumption or use. Examples of the monthly impact to residential customers are highlighted in the following table (subject to rounding):

ELECTRICITY USE* EACH 1% 2.5% ANNUAL IMPACT 1000 kWh $1.06 $2.65 $31.80 1500 kWh $1.49 $3.73 $44.76 2000 kWh $1.92 $4.80 $57.60 2500 kWh $2.35 $5.88 $70.56 3000 kWh $2.77 $6.925 $83.10

*Comparison based on RS service. RSVP (variable pricing) may be marginally lower.

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WATER /SEWER

USE EACH 1% EACH 2.5% ANNUAL IMPACT 1000 Gallons $0.15 $.38 $4.56

3000 Gallons $0.22 $.55 $6.60

5000 Gallons $0.29 $.73 $8.76 8000 Gallons $0.39 $.98 $11.76 10,000 $0.46 $1.15 $15.87 Gallons

There is a timing element to any change in the MPST. The effective date must begin at the start of a calendar quarter: January 1st, April 1st, July 1st, or October 1st. The City must notify the Department of Revenue (DOR) of the rate change at least 120 days before the effective date. Approving the ordinance by end of August will provide the 120 days prior to the January 1st effective date. With an effective date of January 1st, the City would realize 9 months of this additional revenue for FY2020, or $158,625. The 12-month return equates to $84,600 for each additional 1% increase. For an increase of 2.5% to achieve the regional MPST average of 10%, the 12-month return equates to $211,500.

Regarding the Communications Service Tax, the City’s current rate is 4.5%. The regional average is 6.12%. The City may increase its rate to 5.22% pursuant to F.S. Chapter 202. This equates to a 12-month $44,000 in additional revenue, and for FY2020 a 9-month $33,000 in additional revenue. Currently the City receives $275,000 annually.

Recommendation: That the City Council direct the City Manager to draft an Ordinance establishing a MPST rate of 10% and a CST rate of 5.22% effective January 1, 2020 on a First Reading on August 5, 2019 and hold a public hearing on said ordinance on August 19, 2019 and approve it on a Second Reading on that date.

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Memorandum

To: Samantha Abell, City Manager From: Craig S. Carmichael, Director of Community Services Date: July 26, 2019 Subject: Ordinance No. 12-2019 - Formula Business Moratorium Ordinance

REQUEST: Consideration of an Ordinance 12-2019, to establish and implement a 120-day moratorium on formula businesses on First Reading and direct staff to schedule the Second Reading and Public Hearing on August 19, 2019. A “formula business” is defined as a store or restaurant that has standardized services, décor, methods of operation, and other features that make it virtually identical to businesses elsewhere.

BACKGROUND: July 1, 2019, Councilman Todd Torgersen requested that the City Attorney draft a moratorium ordinance to cease issuing building permits to national franchise-type businesses temporarily. The purpose of the moratorium would be for the City Attorney and City Staff to research the feasibility of regulations which limit the additional proliferation of new national "franchise"-type businesses beyond existing percentages, in support of fostering local economic diversity. And, if feasible, that an ordinance be drafted for future Council consideration of such regulations.

Initial research has demonstrated that a growing number of cities and towns are enacting policies which restrict the proliferation of “formula businesses". The largest cities to do so require retail stores and restaurants to undergo a public hearing and obtain special approval from the Planning Commission before they are authorized to open in neighborhood districts. Staff also found smaller cities in Florida that have taken steps to regulate formula businesses, including but not limited to, Sanibel, Homes Beach and Palm Beach.

DISCUSSION: The most common definition found for a “formula business” is an establishment that has eleven or more other establishments in operation, or with local land use or permit entitlements already approved, located anywhere in the world. In addition to the eleven establishments either in (850) 934-5100 • FAX (850) 934-5114 POST OFFICE BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

"GULF BREEZE WILL PRESERVE AND ENHANCE ITS HOMETOWN CHARACTER AND NATURAL ENVIRONMENT TO FOSTER A HIGH QUALITY OF FAMILY LIFE."

Page 17 of 92 operation or with local land use or permit entitlements approved for operation, the business maintains two or more of the following features: a standardized array of merchandise, facade, decor and color scheme, uniform apparel, standardized signage, a trademark or a service mark. More specifically, a “formula business” would fit the following:

(1)Standardized array of merchandise shall be defined as 50% or more of in-stock merchandise from a single distributor bearing uniform markings.

(2)Trademark shall be defined as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others.

(3)Service mark shall be defined as word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others.

(4)Decor shall be defined as the style of interior furnishings, which may include but is not limited to, style of furniture, wall coverings or permanent fixtures.

(5)Color Scheme shall be defined as selection of colors used throughout, such as on the furnishings, permanent fixtures, and wall coverings, or as used on the facade.

(6)Facade shall be defined as the face or front of a building, including awnings, looking onto a street or an open space.

Another key takeaway from the research is that only a small number of communities ban formula businesses outright. Most limit them in special districts while allowing in them other parts of community. The most common example of districts where they are limited includes established downtown, neighborhood and historic districts. Most place a cap or percentage on their number and require them to obtain special or conditional use permits. They are typically judged on a case-by-case basis based on the appropriateness of the business.

The most common theme on why the regulations are enacted are based on the community or district opportunities offering longer no and for distinctive or unique its losing appeal independent entrepreneurs. Formula businesses typically increase rental rates which push out smaller independently owned small businesses. Additionally, they tend to be fair-weather friends and can disappear quickly when the economy contracts or their corporate strategy shifts. regulatethat ordinances enacted have found where also has Staff formula communities businesses only to have them legally challenged; some have been successfully upheld, while other have been stricken down. One of the cases cited occurred in Florida and involved the town of Islamorada.

(850) 934-5100 • FAX (850) 934-5114 POST OFFICE BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

"GULF BREEZE WILL PRESERVE AND ENHANCE ITS HOMETOWN CHARACTER AND NATURAL ENVIRONMENT TO FOSTER A HIGH QUALITY OF FAMILY LIFE."

Page 18 of 92 In 2008, a federal district court overturned Islamorada’s formula business ordinance. The ruling was subsequently affirmed by the Eleventh Circuit Court of Appeals. The ordinance limited formula businesses to no more than 2,000 square feet and 50 linear feet of storefront. Although the appellate court said that preserving distinctive community character was a legitimate public purpose for enacting a formula business ordinance, it ruled that Islamorada had not demonstrated that this was in fact the purpose of the law.

The court noted that Islamorada, which has no downtown or other historic commercial district and consists instead of strip development along U.S. Highway 1, had taken no other steps to develop or protect its distinctive character. Sites already occupied by formula businesses had been redeveloped as new formula businesses with no objection from city officials.

In order to better understand the pros and cons associated with formula businesses, the Council may approve a temporary moratorium on formula businesses. The moratorium will enable the staff to conduct a thorough review of its current inventory of businesses and evaluate the impacts associated with their regulation. The proposed ordinance would place a 120-day moratorium on the acceptance, processing, and consideration of applications for development orders and building permits under the City’s Land Development Code for all developments in the Community Redevelopment Area (CRA) that meet the definition of a formula business. The moratorium would not apply to applications that were submitted prior to the effective date of the ordinance or apply to the area located outside of the CRA.

RECOMMENDATION: That the City Council approve Ordinance 12-2019 to establish and implement a 120-day moratorium on formula businesses on First Reading and direct staff to schedule the Second Reading and Public Hearing on August 19, 2019.

ATTACHED: Ordinance 12-2019 - Formula Business Moratorium

(850) 934-5100 • FAX (850) 934-5114 POST OFFICE BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

"GULF BREEZE WILL PRESERVE AND ENHANCE ITS HOMETOWN CHARACTER AND NATURAL ENVIRONMENT TO FOSTER A HIGH QUALITY OF FAMILY LIFE."

Page 19 of 92 ORDINANCE 12-2019

AN ORDINANCE OF THE CITY OF GULF BREEZE, FLORIDA, IMPLEMENTING AND EXTENDING FOR ONE HUNDRED AND TWENTY (120) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE, A TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR, AND THE PROCESSING, CONSIDERATION AND ISSUANCE OF, DEVELOPMENT ORDERS AND BUILDING PERMITS THAT WOULD ALLOW FOR THE ESTABLISHMENT OF NEW FORMULA BUSINESSES WITHIN THE COMMUNITY REDEVELOPMENT AREA OF THE CITY; PROVIDING A DEFINITION OF FORMULA BUSINESS ESTABLISHMENTS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City of Gulf Breeze is a community with a very special environment, both natural and man-made, and the qualities of the natural and man-made environment must be respected so that the uniqueness of the City of Gulf Breeze can flourish; and,

WHEREAS, the City of Gulf Breeze desires to preserve and enhance its hometown character and natural environment to foster a high quality of family life, not just in its physical setting as a community on the Fairpoint Peninsula with 18 miles of waterfront and easy access to the lntracoastal Waterway, but in its home town feel, its commercial character, and its overall visitor and resident experience; and,

WHEREAS, the City Council recognizes that retail, restaurant, service and hotel/lodging uses are land uses critical to the success of the commercial and mixed-use districts within the City’s Community Redevelopment Area, which require a strong and diverse base; and,

WHEREAS, the City identified three catalyst sites in its Most Livable City Plan which call for mixed uses of boutique retail, office space, restaurants, hotel and residential units that would be ideally suited to promote the City’s vision of variety and home town community character; and,

WHEREAS, the Community Redevelopment Area is where the greatest number of commercial businesses are located; and,

WHEREAS, the number of formula businesses, which are businesses with standardized features and multiple locations around the world, has significantly increased in the Community Redevelopment Area in recent years; and

WHEREAS, the City Council desires to study its existing zoning ordinances to determine whether any revisions to the Land Development Code are warranted to achieve the vision set out in the Most Livable City Plan by promoting diversification of businesses and addressing impacts related to a significant increase in formula businesses in the Community Redevelopment Area; and,

WHEREAS, the balancing of all competing interests including the rights of the commercial property owners in the Community Redevelopment Area will take time to study and the moratorium as set forth herein provides for the time needed to receive information, weigh all factors, and develop changes to the Land Development Code, if warranted, to establish standards related to formula businesses; and,

WHEREAS, a moratorium on the acceptance of applications for, and the processing, consideration and issuance of, development orders and building permits that would allow for the

Page 20 of 92 establishment of formula businesses, as defined herein, in the Community Redevelopment Area is otherwise in the best interest of the City, its residents, visitors, and property owners and in the best interest of the public's health, safety, and welfare; and,

NOW, THEREFORE, BE IT ENACTED BY THE CITY OF GULF BREEZE, FLORIDA, AS FOLLOWS:

SECTION I-RECITALS

The foregoing recitals are hereby ratified and confirmed as true and correct, and are incorporated herein by this reference.

SECTION 2 - PURPOSE

The purpose of this Ordinance is to establish a temporary moratorium to provide for a reasonable amount of time for the City to consider and, if warranted, enact amendments to the City’s Land Development Code to promote diversification of businesses and address impacts related to a significant increase in formula businesses in the Community Redevelopment Area.

SECTION 3 – DEFINITION

A “formula business” is hereby defined as a type of retail sales or establishment, service activity or establishment, hotel/motel activity or establishment, or restaurant activity or establishment that has eleven or more other establishments in operation, or with local land use or permit entitlements already approved, located anywhere in the world. In addition to the eleven establishments either in operation or with local land use or permit entitlements approved for operation, the business maintains two or more of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, uniform apparel, standardized signage, a trademark or a service mark.

(1) Standardized array of merchandise shall be defined as 50% or more of in-stock merchandise from a single distributor bearing uniform markings.

(2) Trademark shall be defined as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others.

(3) Service mark shall be defined as word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others.

(4) Decor shall be defined as the style of interior furnishings, which may include but is not limited to, style of furniture, wall coverings or permanent fixtures.

(5) Color Scheme shall be defined as selection of colors used throughout, such as on the furnishings, permanent fixtures, and wall coverings, or as used on the facade.

(6) Facade shall be defined as the face or front of a building, including awnings, looking onto a street or an open space.

Page 21 of 92 (7) Uniform Apparel shall be defined as standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks or dresses, hats, and pins (other than name tags) as well as standardized colors of clothing.

SECTION 4 -TEMPORARY MORATORIUM

The City hereby places a temporary moratorium on the acceptance of applications for, and the processing, consideration and issuance of, development orders and building permits under the City’s Land Development Code that would allow for the establishment of a formula business as defined herein in the Community Redevelopment Area. This temporary moratorium shall be effective for one hundred and twenty (120) days from the effective date of this Ordinance, unless this Ordinance is terminated earlier or extended by an Ordinance or Resolution duly adopted by the City Council.

SECTION 5 - EXEMPTIONS

Notwithstanding the foregoing, during the moratorium, the City may process and consider any applications otherwise subject to the moratorium: (a) that were submitted prior to the effective date of the Ordinance; or (b) that are for formula businesses to be located outside of the Community Redevelopment Area.

SECTION 6 - CONFLICT

The provisions of this Ordinance shall be deemed to control and prevail over any ordinance or portion thereof in conflict with the terms hereof.

SECTION 7 - SEVERABILITY

If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by any court to be unconstitutional, inoperative, invalid or void, such holding shall not in any manner affect the validity of the remaining portions of this Ordinance.

SECTION 8 - NON-CODIFICATION

It is the intention of the City Council that the provisions of this Ordinance shall not be codified.

SECTION 9 - EFFECTIVE DATE

This Ordinance shall become effective upon passing after the second reading by the City Council.

PASSED ON THE FIRST READING ON THE _____ DAY OF ______, 2019.

ADVERTISED ON THE _____ DAY OF ______, 2019.

PASSED ON THE SECOND READING ON THE _____ DAY OF ______, 2019.

City of Gulf Breeze

By:______Cherry Fitch, Mayor

Page 22 of 92 ATTESTED TO BY:

______Leslie Guyer, CMC, City Clerk or Stephanie D. Lucas, City Clerk

Page 23 of 92 Page 24 of 92

Memorandum

To: Samantha Abell, City Manager From: Craig S. Carmichael, Director of Community Services Date: July 23, 2019 Subject: Ordinance 13-2019 - Electronic Reader Board Signs

REQUEST: That the City Council approve Ordinance 13-2019 relative to electronic reader board signs on First Reading and direct staff to schedule the Second Reading and Public Hearing on August 19, 2019.

BACKGROUND: City Staff has been working with the administrators of Gulf Breeze Elementary School (GBES) regarding the replacement of their sign that is located in front of the school on Gulf Breeze Parkway. The school is proposing to replace their nonconforming sign with a new monument sign that would conform to the Community Redevelopment Area's Design Standards. The replacement is a joint funding effort between the school and the Parent Teachers Association (PTA). During our meeting, they expressed the desire to equip the sign with an electronic reader board (ERB) instead of a manual one. A copy of their proposes sign is attached as Exhibit A.

Staff advised that the City's current sign regulations do not allow for the installation of new ERB signs. In summary, Sections 23-3(14) and 23-5(c) of the City's Land Development Code (LDC) stipulates that ERB signs are prohibited; however, existing ERB's shall be allowed to remain, provided they maintained and kept in good repair. Attached is a copy of the aforementioned sections of the LDC. The the pertinent language is highlighted and attached as Exhibit B.

DISCUSSION: The City’s land development code historically allowed electronic reader boards. Initially, their costs were so high that most local businesses could not afford them. As technology changed, the prices became lower and they became more affordable for small to medium sized businesses. As a result, the City experienced a sharp increase in the number of installations and prohibited new such signs in 2011; however, the City Council made a provision that allowed the continuation of existing signs as legally non-confirming. (850) 934-5100 • FAX (850) 934-5114 POST OFFICE BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

"GULF BREEZE WILL PRESERVE AND ENHANCE ITS HOMETOWN CHARACTER AND NATURAL ENVIRONMENT TO FOSTER A HIGH QUALITY OF FAMILY LIFE."

Page 25 of 92

After researching the issue, staff found that electronic reader board signs are typical for schools and community centers. Electronic signs disseminate more information in a timely matter. The proposed ordinance would amend the LDC to allow one electronic reader board for each public school and the community center. The ordinance keeps in line with past regulations and does not allow for animation and scrolling or flashing text.

RECOMMENDATION: That the City Council approve Ordinance 13-2019 relative to electronic reader board signs on First Reading and direct staff to schedule the Second Reading and Public Hearing on August 19, 2019.

ATTACHED: Ordinance 13-2019 - redlined Exhibit A Exhibit B

(850) 934-5100 • FAX (850) 934-5114 POST OFFICE BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

"GULF BREEZE WILL PRESERVE AND ENHANCE ITS HOMETOWN CHARACTER AND NATURAL ENVIRONMENT TO FOSTER A HIGH QUALITY OF FAMILY LIFE."

Page 26 of 92 ORDINANCE 13-2019

AN ORDINANCE OF THE CITY OF GULF BREEZE, FLORIDA, RELATED TO PERMITTED SIGNS IN R-1-AA, R-1-A, R-ES, R-1, TH, R- C, C-2 AND P DISTRICTS; AMENDING SECTION 23-3(14) OF THE CODE OF ORDINANCES TO PROVIDE FOR EXCEPTIONS TO THE PROHIBITION ON ELECTRONIC READER BOARD SIGNS; AMENDING SECTION 23-15(3) OF THE CODE OF ORDINANCES TO ALLOW FOR THE USE OF ELECTRONIC READER BOARD SIGNS BY PUBLIC SCHOOLS AND COMMUNITY CENTERS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR EFFECTIVE DATE.

WHEREAS, the City Council is the governing body in and for the City of Gulf Breeze, a municipal corporation of the State of Florida; and,

WHEREAS, Chapter 166, Florida Statutes, authorizes the City Council, acting for the City of Gulf Breeze, Florida, to adopt Ordinances and Resolutions necessary for the exercise of its powers; and,

WHEREAS, the City of Gulf Breeze has enacted regulations regarding the size, locations and types of signs allowed within the City in an effort to minimize their impact on the appearance of the City; and,

WHEREAS, the City recognizes that signs play an important role in providing information to the public about school activities and community activities; and,

WHEREAS, the City has been made aware of the need by the public schools and community centers to improve the dissemination of information to students, parents and the general public on the location, time, and details of school and community activities and events; and

WHEREAS, electronic reader board signs are an effective means of providing communications on the location, time, and details of school and community activities and events;

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Gulf Breeze, Florida:

SECTION 1. – RECITALS.

The foregoing recitals are hereby ratified and confirmed as true and correct, and are incorporated herein by this reference.

Page 27 of 92 ORDINANCE 13-2019 Page 2 of 3

SECTION 2 – AMENDMENT AND RESTATEMENT– CHAPTER 23, SECTION 23-3(14). - PROHIBITED SIGNS.

Section 23-3(14) of the Code of Ordinances of the City of Gulf Breeze, Florida, is hereby amended and restated to read as follows:

(14) Electronic reader board signs., except as provided for in Sec. 23-5. and Sec. 23-15.

SECTION 3 - AMENDMENT AND RESTATEMENT - CHAPTER 23, SECTION 23-15(3). - PERMITTED SIGNS - R-1-AA, R-1-A, R-ES, R-1, TH, R-C, C-2 AND P DISTRICTS.

That Section 23-15(3) of the Code of Ordinances of the City of Gulf Breeze, Florida, is hereby amended and restated to read as follows:

(3) Two signs per lot for churches, nonpublic schools (except those located in commercial {C-1} zones), libraries and community centers and historic sites serving as identification and/or bulletin boards not to exceed 12 square feet in area per sign. The signs may be placed flat against the wall of the building or may be freestanding provided that it not be closer to any property line than ten feet. Such signs may be illuminated providing the source of light shall not be visible beyond the property line of the lot on which the sign is located.

Public schools and community centers may have one freestanding sign to serve as identification and/or serve as a reader board for the display of school related or Community type activities or messages. The combination sign and/or reader board shall not exceed 50 square feet per side. Public schools and community centers shall be allowed to use an electronic reader board sign provided that it does not display animated images and scrolling or flashing text. Lighting for the sign may be internal or external, but shall be done so as not to create a safety hazard for passing vehicles or pedestrians. No other freestanding signs are permitted on site, except for the safe direction of traffic and pedestrians. No sign for a public school authorized by this section may be used for any commercial or income producing purpose.

SECTION 4 – CODIFICATION

Section 2 and Section 3 of this Ordinance shall be codified and made part of the Code of Ordinances City of Gulf Breeze.

SECTION 5 – CONFLICT

Page 28 of 92 ORDINANCE 13-2019 Page 3 of 3

The provisions of this Ordinance shall be deemed to control and prevail over any ordinance or portion thereof in conflict with the terms hereof.

SECTION 6 – SEVERABILITY

SECTION 7 - EFFECTIVE DATE

This Ordinance shall become effective upon passing after the second reading by the City Council.

PASSED ON THE FIRST READING ON THE DAY OF , 2019.

ADVERTISED ON THE DAY OF , 2019.

PASSED ON THE SECOND READING ON THE DAY OF , 2019.

City of Gulf Breeze

By:______Cherry Fitch, Mayor

ATTESTED TO BY:

______Leslie Guyer, City Clerk or Stephanie D. Lucas, City Clerk

Page 29 of 92 Page 30 of 92

VERSION #: v05062019b1a

PANTONE 287 C Page 31 of 92

VERSION #: v05062019b1a

PANTONE 287 C Page 32 of 92

VERSION #: v05062019b1a

PANTONE 287 C EXHIBIT B

Sec. 23-3. - Prohibited signs.

The following signs are prohibited: (1) Signs located off the premises of the business which the sign advertises or identifies. Relocation notices, however, may be posted for a period of 60 days. (2) Signs that project beyond the property line or which encroach on or over public property or rights-of-way. (3) Signs that contain statements, words or pictures of an obscene, indecent, or immoral character, such as will offend public morals or decency. (4) Signs that contain or are an imitation of an official traffic sign or signal or contain the words "stop," "go slow," "caution," "danger," "warning" or similar words. (5) Banner signs, except for special events and for a period of time not to exceed three weeks in any one given calendar year. (6) Beacon, strobe or billboard signs. (7) Roof signs. (8) Sandwich signs. (9) Snipe signs except for political candidates. In the case of snipe signs advertising political candidates, the signs shall not exceed 32 square feet. Political signs must be removed by the candidate within one week after the election. (10) Trailer signs except for grand openings or other similar special events. As used herein, a special event shall not mean a political campaign or election. (11) Within public property, including right-of-way, only instructional, directional and informational signs shall be allowed and must be approved by the city manager. All other signs are prohibited on public property. (12) Signs which convey the appearance of movement or animation in any form shall not be permitted, scrolling or flashing shall not be permitted. (13) Signs which obstruct the visibility constituting a hazard to vehicular and pedestrian traffic. (14) Electronic reader board signs.

Sec. 23-5. - Existing signs. (a) Any sign destroyed or damaged by more than 50 percent of its replacement value shall be rebuilt to current code requirements. (b) The "Pensacola Beach Fish Sign" located at the junction of State Road 399 and U.S. Highway 98 shall be exempted from this requirement provided the following conditions are met:

Page 1 of 2

Page 33 of 92 EXHIBIT B

(i) The location of the sign shall not change, (ii) The dimensions and shape of the sign shall not change, (iii) The artistic design and color scheme shall not change, and (iv) The sign shall be perpetually maintained and kept in good repair. (c) Existing electronic reader board signs shall be exempted for this requirement provided the following conditions are met: (i) The location of the sign shall not change, (ii) The dimensions and shape of the sign shall not change, (iii) The sign shall be perpetually maintained and kept in good repair.

Page 2 of 2

Page 34 of 92

Memorandum

To: Mayor & City Council From: Samantha D. Abell, City Manager Date: August 1, 2019 Subject: Ordinance No. 14-2019 - Municipal Public Service Tax (MPST)

REQUEST: That the City Council Consider Ordinance 14-2019, setting the Municipal Public Service Tax to 10% to be effective January 1, 2020.

DISCUSSION: The Gulf Breeze General Fund Budget is unique in its revenues and expenditures. Historically, unlike other local governments, 4% of its annual spending is not covered by revenues derived by taxes and fees. For 35 years, the City has kept taxes and fees very low compared to regional and state averages by benefit of its relationship with financing programs Gulf Breeze Financial Services and Capital Trust Agency. First created in 1985, these programs will provide below market rates on bonds to hundreds of local governments, school entities and nonprofit entities. There has never been a pledge of City revenues for any GBFS or CTA program. In 2020, the GBFS program will sunset, with CTA continuing. The City Council has discussed the need to better diversify its revenue streams in order to promote sustainability given that operating costs increase annually. Additionally, the City Council has identified new project priorities which require additional recurring revenue.

These new project priorities are under the umbrella of “resiliency” and include:

• Septic Tank Elimination Program. A cash match is necessary for RESTORE grant funds in order to eliminate septic tanks for approximately 1,000 homes inside the City. • The 2014 Stormwater Task Force identified $8 million in projects, of which $1.5 million will remain after FY 2020. • Construct multi-modal transportation improvement projects including additional overpasses over Highway 98. • Underground utilities for natural disaster preparedness and quicker recovery.

Homes inside the City on average cost more than homes outside the City. For this reason, the City has historically maintained a comparatively low millage rate in order to promote livability

850.934.5115 • FAX 850.934.5114 P.O. BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

Page 35 of 92 (a millage rate is 1/10th of a percent, so $1 in taxes for every $1,000 in home value). Because of the reasoning that residents pay more taxes due to the value of homes, City residents likewise are charged no user fees for recreation facilities.

During its budget work session on July 22nd, the City Council discussed comparative revenue sources with cities in the three-county area derived by intergovernmental revenue-sharing programs such as state sales tax.

In addition to state intergovernmental revenues, state statutes authorize local governments to derive revenues from utility services taxes and franchise fees, both of which may be considered part of a community’s sales tax base. Legal constraints specify what can be taxed and the maximum rate that can be charged. Local government’s reliance on their user charge and fee bases has increased significantly in the last decade.

In the face of expanding government service needs, growth pressures, unfunded mandates, increasing costs and diminishing revenue generating options, charging for government services has become an integral and crucial revenue source in local government budgets. User fees include public utility charges and fees or charges for services. The City of Gulf Breeze comparatively averages the lowest fees in the three-county area for public utility taxes, franchise fees, resident user fees, and its millage rate.

In order to diversify its revenue sources and lessen dependency on earnings from investments which become vulnerable in an economic downturn, the attached Ordinance will adjust the Municipal Public Service Tax to the regional average, which is the user fee charged on the purchases of electricity, metered natural gas, liquefied petroleum gas, and water service. F.S. Sections 166.231-.235 provides that municipalities can establish a rate of up to 10%. Currently the City’s rate is 7.5%.

The decision was also made after comparing the rates in surrounding communities. (see attached) The largest component of the MPST is the tax on electricity, although this tax is also applied to City water/sewer customers and city natural gas accounts. The impact of this rate increase will be tied to consumption or use. (see attached table)

FINANCIAL IMPACT: With an effective date of January 1st, the City would realize 9 months of this additional revenue for FY2020, or $158,625. The 12-month return equates to $84,600 for each additional 1% increase. For an increase of 2.5% to achieve the regional MPST average of 10%, the 12-month return equates to $211,500.

850.934.5115 • FAX 850.934.5114 P.O. BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

Page 36 of 92 RECOMMENDATION: That the City Council approve Ordinance 14-2019, on First Reading on Monday, August 5, 2019, an schedule a Public Hearing and Second Reading for Monday, August 19, 2019.

ATTACHED: Ordinance 14-2019 Municipal Public Service Tax Increase.7.31.19 Examples of MPST Tax 2019 CST & MPST Comparison

850.934.5115 • FAX 850.934.5114 P.O. BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

Page 37 of 92 ORDINANCE 14-2019

AN ORDINANCE OF THE CITY OF GULF BREEZE ADOPTING A NEW MUNICIPAL PUBLIC SERVICE TAX; PROVIDING FOR THE ADOPTION OF A MUNICIPAL PUBLIC SERVICE TAX RATE; PROVIDING NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Florida Legislature has established by law that a municipality may levy a tax on the purchase of electricity, metered natural gas, liquefied petroleum gas either metered or bottled, manufactured gas either metered or bottled, and water service; and,

WHEREAS, Section 166.231, Florida Statutes, authorizes the City of Gulf Breeze to levy the tax only on purchases within the municipality and shall not exceed 10 percent of the payments received by the seller of the taxable item from the purchaser for the purchase of such service; and,

WHEREAS, the City of Gulf Breeze finds that for at least the last ten years municipalities in the three County region charge an average 10% Municipal Public Service Tax rate and doing so in Gulf Breeze would diversity revenue streams for sustainability; and,

WHEREAS, the tax imposed by this ordinance shall not be applied against any fuel adjustment charge, and such charge shall be separately stated on each bill. “Fuel adjustment charge” shall mean all increases in the cost of utility services to the ultimate consumer resulting from an increase in the cost of fuel to the utility subsequent to October 1, 1973; and,

WHEREAS, The City of Gulf Breeze desires to establish a Municipal Public Service Tax of 10% pursuant to Section 166.231, Florida Statutes; and,

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Gulf Breeze, Florida, as follows:

SECTION 1. - ADOPTION OF MUNICIPAL PUBLIC SERVICE TAX RATE The Municipal Public Service Tax authorized under Section 166.231(1)(a), Florida Statutes, for the City of Gulf Breeze is hereby established at a rate of 10%. This rate is to be effective January 1, 2020.

Page 38 of 92 ORDINANCE NO. 14-2019 PAGE 2 of 2

SECTION 2. - NOTICE TO THE DEPARTMENT OF REVENUE The City of Gulf Breeze directs that notice to establish Municipal Public Service Tax to be provided to the Florida Department of Revenue by August 30th. Form DR-700001, and a copy of this ordinance must be submitted with the notification.

SECTION 3. – SEVERABILITY If any section, paragraph, sentence, clause, phrase or word of this ordinance is for any reason held by any court to be unconstitutional, inoperative, invalid or void, such holding shall not in any manner affect the validity of the remaining portions of this ordinance.

SECTION 4. - CONFLICT The provisions of this ordinance shall be deemed to control and prevail over any ordinance or portion thereof in conflict with the terms hereof.

SECTION 5. - EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage by the City of Gulf Breeze. The imposition and collection of the new Municipal Public Service Tax shall commence effective January 1, 2019.

PASSED ON THE FIRST READING ON THE ______DAY OF AUGUST, 2019.

ADVERTISED ON THE ______DAY OF ______, 2019.

PASSED ON THE SECOND READING ON THE ______DAY OF ______, 2019.

BY: ______CHERRY FITCH, MAYOR

ATTEST:

______LESLIE A. GUYER, CITY CLERK OR STEPHANIE D. LUCAS, CITY CLERK

Page 39 of 92 Municipal Public Service Tax (MPST) and Communications Service Tax

Examples of the monthly impact to residential customers are highlighted in the following table (subject to rounding):

ELECTRICITY USE* EACH 1% 2.5% ANNUAL IMPACT 1000 kWh $1.06 $2.65 $31.80 1500 kWh $1.49 $3.73 $44.76 2000 kWh $1.92 $4.80 $57.60 2500 kWh $2.35 $5.88 $70.56 3000 kWh $2.77 $6.925 $83.10 The average home utilizes 867 kWh monthly

*Comparison based on RS service. RSVP (variable pricing) may be marginally lower.

WATER /SEWER

USE EACH 1% EACH 2.5% ANNUAL IMPACT 1000 Gallons $0.15 $.38 $4.56

3000 Gallons $0.22 $.55 $6.60

5000 Gallons $0.29 $.73 $8.76 8000 Gallons $0.39 $.98 $11.76 10,000 $0.46 $1.15 $15.87 Gallons

Page 40 of 92 2019 CST/MPST COMPARISION

MUNICIPALITY CST ELECTRICITY NATURAL GAS WATER

CRESTVIEW 5.220% 10% 10% 0% DESTIN 5.220% 0% 0% 0% FT. WALTON BEACH 5.620% 10% 10% 10% MARY ESTHER 5.020% 10% 10% 10% NICEVILLE 5.500% 10% 10% 10% VALPARAISO 5.220% 10% 10% 10% GULF BREEZE 4.50% 7.5% 7.5% 7.5% MILTON 5.820% 10% 2.5% * 0% PENSACOLA 5.220% 10% 10% ** 10%

* This 2.50% is a gross receipts tax pursuant to F.S. 203.01 ** 10.00% on first $10,000 purchased monthly and a rate of 1/10.00% of monthly purchases over $10,000. Page 41 of 92 Page 42 of 92

Memorandum

To: Mayor & City Council From: Samantha D. Abell, City Manager Date: August 1, 2019 Subject: Ordinance No. 15-2019, regarding the City's Communications Service Tax (CST)

REQUEST: Consideration of Ordinance 15-2019 to adjust the Communications Service Tax from 4.5% to 5.22% and providing 120 days notice to the Department of Revenue as required by state law.

BACKGROUND: The City Council has identified strategic objectives related to sustainability which require sufficient revenue to fund the City’s septic tank elimination program (STEP), stormwater improvement projects, and reduce reliance on the City’s reserves for annual operating needs. The City Council has evaluated the extent of its operating and capital needs, and the cost of service delivery. Increasingly, Gulf Breeze relies on its earnings from investments and has not adjusted non ad valorem fees to the comparative regional average.

The City Council has expressed a desire to adjust the Communications Service Tax in order to best support the City’s ability to support its services, capital related obligations, and strategic goals. Doing so will ensure that the municipality is prepared to make both short term and long- term financial decisions to achieve and maintain an acceptable balance between sufficient revenues and levels of service.

DISCUSSION: Communications services are taxed by all 50 states and the District of Columbia. The communications services tax is imposed on retail sales of communications services which originate and terminate in Florida, or originate or terminate in Florida and are billed to a Florida address. Communications services include all forms of telecommunications previously taxed by the gross receipts tax plus cable television and direct-to-home satellite service. The law specifically states that the tax also applies to communications services provided through any “other medium or method now in existence or hereafter devised.” The tax imposed by Chapter 203, F.S., on communications services is also administered under Chapter 202, F.S. Certain sales of communication services are exempt. These sales include: sales or purchases of internet access,

850.934.5115 • FAX 850.934.5114 P.O. BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

Page 43 of 92 sales to federal agencies, religious and educational organizations, as well as sales to nursing homes or retired housing, nonprofits and government agencies.

The local CST is one of the main sources of locally levied general revenue for municipalities, providing Florida municipalities with almost $400 million annually, and counties collect more than $200 million a year. The State of Florida collects approximately $687 million, including direct-to-home satellite. The City of Gulf Breeze collects +/- $275,000 annually, or $23,000 monthly. The City’s current rate is 4.5%, which is the lowest in the three county area and below the state average. The City may increase its rate to 5.22% pursuant to F.S. Chapter 202.

RECOMMENDATION: That the City Council approve Ordinance 15-2019, on First Reading on Monday, August 5, 2019, and schedule a Public Hearing and Second Reading for Monday, August 19, 2019.

ATTACHED: Ordinance 15-2019 Communication Services Tax Increase.8.1.19 2019 CST & MPST Comparison

850.934.5115 • FAX 850.934.5114 P.O. BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

Page 44 of 92 ORDINANCE 15-2019

AN ORDINANCE OF THE CITY OF GULF BREEZE PROVIDING FOR THE ADOPTION OF A NEW LOCAL COMMUNICATION SERVICES TAX RATE; PROVIDING FOR ADJUSTMENT OF TAX RATE FOR ELECTION NOT TO CHARGE PERMIT FEES; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, during its 2000 Regular Session, the Florida Legislature passed the “Communication Services Tax Simplification Law” creating Chapter 202, Florida Statutes; and,

WHEREAS, Section 202.19(2)(a), Florida Statutes, authorizes the City of Gulf Breeze to adopt a local communication services tax at a rate of up to 5.1%, which maximum rate does not include the add-on of up to .12% for municipalities that choose in accordance with Section 337.401(3)(c) and (j), Florida Statutes, not to levy permit fees; and,

WHEREAS, the City of Gulf Breeze desires to increase its local communications services tax from 4.5% to 5.22%; and

WHEREAS, the City of Gulf Breeze elects not to charge permit fees authorized by Section 337.401(3)(c) and (j), Florida Statutes, and the City desires to increase the communications services tax rate by an amount equal to .12% to replace the revenue lost to the City for permit fees, which would bring the aggregate communications services tax rate up to 5.22% (5.1% plus .12% = 5.22) as allowed by Sections 202.19(2)(a) and 202.20(1)(b), Florida Statutes to be effective January 1, 2020; and,

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Gulf Breeze, Florida, as follows:

SECTION 1. – ADOPTION OF LOCAL COMMUNICATIONS SERVICES TAX RATE The City of Gulf Breeze hereby adopts and levies a local communications services tax as authorized under Section 202(1)(a), Florida Statutes, for the City of Gulf Breeze at a rate of 5.01% . This rate is to be effective January 1, 2020.

Page 45 of 92 ORDINANCE NO. 15-2019 PAGE 2 of 3

SECTION 2. – ELECTION NOT TO CHARGE PERMIT FEES

In accordance with Section 337.401(3)(c) and (j), Florida Statutes, the City elects not to charge or collect engineering permit fees for the placement or maintenance of communications facilities in the public roads or rights-of-way of the City. As a result, the City elects to increase the local communications services tax rate by .12%, as authorized by Section 202(1)(a), Florida Statutes. Except as provided herein, the City retains all existing authority to require and collect permit fees from users or occupants of municipal road and rights-of-way, and to set appropriate permit fee amounts. In the aggregate, the new combined local communications services tax rate for the City of Gulf Breeze will be 5.22% effective January 1, 2020.

SECTION 3. - NOTICE TO THE DEPARTMENT OF REVENUE

The City Council of Gulf Breeze directs staff to provide notice to the Florida Department of Revenue by August 30, 2019, of the adoption by the City of the local communications services tax rates and the City’s election not to charge engineering permit fees for the placement or maintenance of communications facilities in the public roads or rights-of- way of the City. Form DR-700001, and a copy of this ordinance, must be submitted with the notification.

SECTION 4. – SEVERABILITY

If any section, paragraph, sentence, clause, phrase or word of this ordinance is for any reason held by any court to be unconstitutional, inoperative, invalid or void, such holding shall not in any manner affect the validity of the remaining portions of this ordinance.

SECTION 5. - CONFLICT The provisions of this ordinance shall be deemed to control and prevail over any ordinance or portion thereof in conflict with the terms hereof.

SECTION 5. - EFFECTIVE DATE

This Ordinance shall take effect immediately upon its passage by the City of Gulf Breeze. The imposition and collection of the new communications services tax rate shall commence effective January 1, 2019.

Page 46 of 92 ORDINANCE NO. 15-2019 PAGE 3 of 3

PASSED ON THE FIRST READING ON THE ______DAY OF AUGUST, 2019.

ADVERTISED ON THE ______DAY OF ______, 2019.

PASSED ON THE SECOND READING ON THE ______DAY OF ______, 2019.

BY: ______CHERRY FITCH, MAYOR

ATTEST:

______LESLIE A. GUYER, CITY CLERK OR STEPHANIE D. LUCAS, CITY CLERK

Page 47 of 92 2019 CST/MPST COMPARISION

MUNICIPALITY CST ELECTRICITY NATURAL GAS WATER

* This 2.50% is a gross receipts tax pursuant to F.S. 203.01 ** 10.00% on first $10,000 purchased monthly and a rate of 1/10.00% of monthly purchases over $10,000. Page 48 of 92

Memorandum

To: Samantha Abell, City Manager From: Craig S. Carmichael, Director of Community Services Date: July 29, 2019 Subject: Resolution No. 27-2019 - Special Assessment for Dredging Hoffman Bayou

REQUEST: That the City Council adopt the preliminary assessment roll and Resolution No. 27-2019 relative to scheduling a Public Hearing pursuant to FLA. STAT. § 170.03 (2018) for dredging Hoffman Bayou.

BACKGROUND: In 2018, the City Council approved the concept of conducting a special assessment to dredge the mouths of Woodland and Hoffman Bayous. In January 2019, the City Council authorized a task order in the amount of $14,600 for Dewberry Engineers to assist in preparing the necessary paperwork for bidding and construction administration and monitoring of the project. On July 1, 2019 the City Council adopted Resolution No. 15-2019 that formally noticed that the City was contemplating the special assessment in an amount of $22,150.40.

DISCUSSION: The next step in the special assessment process requires that the City establish a preliminary assessment role and adopt a resolution that sets a specific date and time for a public hearing so that the property owners and other interested parties can be heard. The resolution must contain the following information:

(i) The property and advisability of making such improvements;

(ii) The cost of the improvements;

(iii) The manner of payment therefor; and,

(iv) The amount thereof to be assessed against each property.

(850) 934-5100 • FAX (850) 934-5114 POST OFFICE BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

"GULF BREEZE WILL PRESERVE AND ENHANCE ITS HOMETOWN CHARACTER AND NATURAL ENVIRONMENT TO FOSTER A HIGH QUALITY OF FAMILY LIFE."

Page 49 of 92

In addition to the resolution, the City must also give written notice of the meeting. The notice must conform to the following:

(1) Must be given ten days in advance of the meeting;

(2) Must state the date and time of the meeting;

(3) Must describe the areas to be improved and advise that the property descriptions and assessment amounts may be ascertained from the City Clerk;

(4) Must include the amount of the assessment;

(5) May be served by USPS mail to the last known address; and,

(6) The City Clerk must prepare an affidavit of proof of such mailing.

The City must publish the aforementioned notices thirty (30) days in advance of the hearing. The published notices must be in a newspaper of general circulation two times, each at least a week apart. The second publication must be at least one week before the hearing.

In keeping with past practice, the City assesses 5% to conduct and finance the cost of each assessment. Therefore, the total assessment for Hoffman Bayou is $22,150.40. This amount will be assessed against 40 lots which equates to $553.76 per lot. The assessment will span over a five year period with a yearly installment of $110.75 per lot.

RECOMMENDATION: That the City Council adopt the preliminary assessment roll and Resolution No. 27-2019 relative to scheduling a Public Hearing pursuant to FLA. STAT. § 170.03 (2018) on September 16, 2019, for the purpose of hearing from the property owners and other interested parties regarding dredging Hoffman Bayou.

ATTACHED: Resolution 27-2019 Hoffman Bayou MJB Clean Hoffman Bayou SA Roll Updated 06-18-19

(850) 934-5100 • FAX (850) 934-5114 POST OFFICE BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

"GULF BREEZE WILL PRESERVE AND ENHANCE ITS HOMETOWN CHARACTER AND NATURAL ENVIRONMENT TO FOSTER A HIGH QUALITY OF FAMILY LIFE."

Page 50 of 92 RESOLUTION 27-2019

A RESOLUTION OF THE CITY OF GULF BREEZE, FLORIDA, PURSUANT TO CHAPTER 170, FLORIDA STATUTES, RELATING TO A SPECIAL ASSESSMENT FOR THE MAINTENANCE DREDGING OF HOFFMAN BAYOU; SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING; SETTING THE DATE, TIME AND PLACE FOR A MEETING OF THE COUNCIL AS A BOARD OF EQUALIZATION; AND, PROVIDING FOR NOTICE.

WHEREAS, on July 1, 2019, in accordance with Section 170.01, Florida Statutes, the City Council passed Resolution No. 15-2019 declaring the need for special assessments for the maintenance dredging of Hoffman Bayou; and,

WHEREAS, at the time of passage of Resolution No. 15-2019, an assessment plat showing the area to be assessed, with plans and specifications, and an estimate of the cost of the proposed improvements, was on file with the City Clerk of the City of Gulf Breeze and has remained on file and open for inspection by the public; and

WHEREAS, on July 25, 2019, in accordance with Section 170.05, Florida Statutes, Resolution No. 15-2019 was published in the Gulf Breeze News, which is a newspaper of general circulation in the City of Gulf Breeze; and

WHEREAS, the City of Gulf Breeze has developed a preliminary assessment roll, which is attached hereto as Exhibit A; and

WHEREAS, Section 170.08, Florida Statutes requires that the City Council hold a public hearing to determine the advisability of the assessment project; and

WHEREAS, that if after hearing the testimony of affected property owners the City Council decides the special assessment is advisable, Section 170.08, Florida Statutes, requires that the City Council sit as a Board of Equalization to hear any and all complaints about the special assessment and to adjust and equalize the assessments on the basis of justice and right; and

WHEREAS, Section 170.07, Florida Statutes, requires that a time and place for the hearing be set by resolution; and

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF BREEZE, FLORIDA, AS FOLLOWS:

1. That the “whereas” clauses set forth above are incorporated herein by reference.

2. That the City Council will hold a Public Hearing to hear from affected property owners and other interested persons on the propriety and advisability of proceeding with the special assessment of properties for the costs of maintenance dredging of Hoffman Bayou, the cost thereof, the manner of payment therefor, and the amount thereof to be

Page 51 of 92 assessed against each property as reflected on the preliminary assessment roll attached hereto as Exhibit A.

2. That if after the Public Hearing the Council decides to proceed with the assessment project, the Council will immediately convene as an equalizing board to hear any and all complaints about the special assessment and to adjust and equalize the assessment on the basis of justice and right.

3. That the public hearing on the propriety and advisability of the Hoffman Bayou dredging project and funding of the projects with special assessments be set for Monday, September 16, 2019, 5:30 p.m., in the Council Chambers at the Gulf Breeze City Hall.

4. That if after hearing testimony from affected property owners at the September 16, 2019 public hearing, the City Council decides the special assessment is advisable, the City Council will immediately convene as a Board of Equalization to hear any and all complaints about the special assessment and to adjust and equalize the assessments on the basis of justice and right.

5. That, in accordance with Section 170.07, Florida Statutes, as required by law, mailed notices of the Public Hearing and possible Board of Equalization meeting be sent to affected property owners at least ten (10) days prior to the hearing and meeting date and that Public Notice of the hearing and meeting date be advertised twice prior to the date, with the advertisements appearing a week apart in a newspaper of general circulation with the last publication being at least one week prior to the date of the hearing.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GULF BREEZE, SANTA ROSA COUNTY, FLORIDA ON THIS ______DAY OF ______2019.

CITY OF GULF BREEZE, FLORIDA

By: ______Cherry M. Fitch, Mayor ATTEST

______Leslie A. Guyer, CMC, City Clerk or Stephanie D. Lucas, City Clerk

Page 52 of 92 EXHIBIT A

PRELIMINARY ASSESSMENT ROLL FOR HOFFMAN BAYOU

LOT STREET NAME PARCEL BOOK AND PAGE ASSESSMENT 5 EQUAL YEARLY NUMBER ADDRESS NUMBER FEE INSTALLMENTS 1 312 N SUNSET BLVD STEVEN C & LESLIE B KRONLAGE 06-3S-29-0540-01000-0340 OR 3387 PG 580 $553.76 $110.75 2 310 N SUNSET BLVD KEVIN R SHEA 06-3S-29-0540-01000-0350 OR 3387 PG 580 $553.76 $110.75 3 308 N SUNSET BLVD ***Confidental*** 06-3S-29-0540-01000-0360 $553.76 $110.75 4 204 LAURA LN GEORGE A & ANN F BELLEAU 05-3S-29-0480-00500-00A0 OR 3335 PG 1559 $553.76 $110.75 5 202 LAURA LN JULIE J & ANDREW D HOLMER 05-3S-29-0480-00500-0210 OR 2246 PG 1371 & OR 2685 PG 840 & OR 3166 PG 166 $553.76 $110.75 6 228 PINE TREE DR ROBERT A & VIOLA G SCHMIDT 05-3S-29-0480-00500-0190 OR 2466 PG 582 $553.76 $110.75 7 226 PINE TREE DR STEPHEN H & CHRISTINE V SPECK 05-3S-29-0480-00500-0180 OR 3432 PG 1342 $553.76 $110.75 8 224 PINE TREE DR DON & CINDY BAILEY 05-3S-29-0480-00500-0170 OR 1472 PGS 1087 & 1089 & OR 2936 PG 1219 $553.76 $110.75 9 222 PINE TREE DR MARY J SPEAR 05-3S-29-0480-00500-0160 OR 1629 PG 140 & OR 2692 PG 1205 & OR 3201 PG 1337 $553.76 $110.75 10 220 PINE TREE DR MICHAEL C & KIM K ENIKEIEFF 05-3S-29-0480-00500-0150 OR 3309 PG 1017 & AS DES IN OR 3739 PG 1094 $553.76 $110.75 11 218 PINE TREE DR RONALD C & BRENDA HARRIS 05-3S-29-0480-00500-0140 OR 1967 PG 379 $553.76 $110.75 12 216 PINE TREE DR JOHN P & POLLYANNA HEER 05-3S-29-0480-00500-0130 OR 3365 PG 1614 $553.76 $110.75 13 214 PINE TREE DR STANDLEY L & RUTH C NURNBERGER 05-3S-29-0480-00500-0120 OR 1273 PG 333 $553.76 $110.75 14 212 PINE TREE DR JOHN I & DEBRA M NEWLIN 05-3S-29-0480-00500-0110 OR 2910 PG 1594 $553.76 $110.75 15 210 PINE TREE DR CLARK M & CYNTHIA B POLLITT 05-3S-29-0480-00500-0100 OR 3072 PG 786 $553.76 $110.75 16 208 PINE TREE DR DAVID G & MARIE C LANDFAIR 05-3S-29-0480-00500-0090 OR 3536 PG 1888 $553.76 $110.75 17 206 PINE TREE DR JOHN P & MILDRED P JONES 05-3S-29-0480-00500-0080 Not Listed $553.76 $110.75 18 204 PINE TREE DR DAVID B & CHRISTINE S TILLAR 05-3S-29-0480-00500-0070 OR 3804 PG 1583 $553.76 $110.75 19 90 FAIRPOINT DR MERLE MULLET TRUSTEE 05-3S-29-0581-00000-0020 OR 3718 PG 333 $553.76 $110.75 20 131 CHANTECLAIRE CIR ROBERT H & KATHERINE D ANDERSON 05-3S-29-0581-00000-0010 OR 3548 PG 1188 $553.76 $110.75 21 129 CHANTECLAIRE CIR FLACK C & KATHLEEN V LOGAN 05-3S-29-0580-00B00-0220 OR 1224 PG 139 & OR1864 PGS 6 & 8 $553.76 $110.75 22 127 CHANTECLAIRE CIR REBECCA B & PAUL E LAROSE 05-3S-29-0580-00B00-0210 OR 666 PG 677 & OR 3212 PG 185 $553.76 $110.75 23 125 CHANTECLAIRE CIR DENNIS W & TRISH N STEPHENS 05-3S-29-0580-00B00-0200 OR 3539 PG 1775 $553.76 $110.75 24 123 CHANTECLAIRE CIR R L & MYRTICE E JONES 05-3S-29-0580-00B00-0191 OR 3345 PG 1200 LESSOR 1413 PG 333 $553.76 $110.75 25 121 CHANTECLAIRE CIR ROCKY W JONES 05-3S-29-0580-00B00-0180 OR 1413 PG 333 & ALL AS DES IN OR 3339 PG 447 $553.76 $110.75 26 119 CHANTECLAIRE CIR JOSEPH R MCCOLLOUGH 05-3S-29-0580-00B00-0170 OR 2228 PG 1273 & OR 2228 PG 1274& OR 3632 PG 227 $553.76 $110.75 27 117 CHANTECLAIRE CIR CHARLES & CAROL L SEVERS 05-3S-29-0580-00B00-0160 OR 2197 PG 933 $553.76 $110.75 28 115 CHANTECLAIRE CIR HARRISON M & JILL E WILDER 05-3S-29-0580-00B00-0151 OR 2974 PG 6 $553.76 $110.75 29 113 CHANTECLAIRE CIR WARD L & JEANNE W HARRIS 05-3S-29-0580-00B00-0140 OR 3394 PG 1686 $553.76 $110.75 30 111 CHANTECLAIRE CIR MARCUS P & KARLA W SCHMITZ 05-3S-29-0580-00B00-0130 OR 1368 PG 324 LESS 1/2 MINERAL RIGHTS $553.76 $110.75 31 107 CHANTECLAIRE CIR DARRYL G & COLLEEN M LAPOINTE 05-3S-29-0580-00B00-0120 OR 1885 PG 979 & OR 3013 PG 1104 & OR 3181 PG 1586 $553.76 $110.75 32 105 CHANTECLAIRE CIR WILLIAM B ADAMS 05-3S-29-0580-00B00-0100 OR 3348 PG 730 $553.76 $110.75 33 103 CHANTECLAIRE CIR EARL P HECKATHORN & JANET R IKEDA 05-3S-29-0580-00B00-0090 OR 1624 PG 1078 $553.76 $110.75 34 101 CHANTECLAIRE CIR RYAN B & BRITT A PEAT 05-3S-29-0000-00106-0000 OR 3470 PG 527 $553.76 $110.75 35 99 CHANTECLAIRE CIR LAWRENCE & DENISA DEXTER 05-3S-29-0580-00B00-0080 OR 3710 PG 858 $553.76 $110.75 36 97 CHANTECLAIRE CIR DANIEL S & ELLEN K FINELLI 05-3S-29-0580-00B00-0070 OR 1438 PG 1458 $553.76 $110.75 37 95 CHANTECLAIRE CIR JENNIFER BRANCO 05-3S-29-0580-00B00-0060 OR 1207 PG 649 & OR 3288 PG 1614 $553.76 $110.75 38 93 CHANTECLAIRE CIR FABRIZIO & JANET CUTRONE 05-3S-29-0580-00B00-0050 OR 1167 PG 170 $553.76 $110.75 39 91 CHANTECLAIRE CIR DAVID R & JULIE A WHITE 05-3S-29-0580-00B00-0040 OR 3790 PG509 $553.76 $110.75 40 85 CHANTECLAIRE CIR MICHAEL L & JO-ANN S PRICE 05-3S-29-0580-00B00-0010 OR 1856 PG 1926 $553.76 $110.75 Page 53 of 92 Page 54 of 92

Memorandum

To: Samantha Abell, City Manager From: Craig S. Carmichael, Director of Community Services Date: July 29, 2019 Subject: Resolution No. 28-2019 - Special Assessment for Dredging Woodland Bayou

REQUEST: That the City Council adopt the preliminary assessment roll and Resolution No. 28-2019 relative to scheduling a Public Hearing pursuant to FLA. STAT. § 170.03 (2018) for the construction of certain shoreline protection structures and dredging for Woodland Bayou.

BACKGROUND: In 2018, the City Council approved the concept of conducting a special assessment to dredge the mouths of Woodland and Hoffman Bayous. In January 2019, the City Council authorized a task order in the amount of $14,600 for Dewberry Engineers to assist in preparing the necessary paperwork for bidding and construction administration and monitoring of the project. On July 1, 2019 the City Council adopted Resolution No. 23-2019 that formally noticed that the City was contemplating the special assessment in an amount of $170,482.50.

(i) The property and advisability of making such improvements;

(ii) The cost of the improvements;

(iii) The manner of payment therefor; and,

(iv) The amount thereof to be assessed against each property.

(850) 934-5100 • FAX (850) 934-5114 POST OFFICE BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

"GULF BREEZE WILL PRESERVE AND ENHANCE ITS HOMETOWN CHARACTER AND NATURAL ENVIRONMENT TO FOSTER A HIGH QUALITY OF FAMILY LIFE."

Page 55 of 92

In addition to the resolution, the City must also give written notice of the meeting. The notice must conform to the following:

(1) Must be given ten days in advance of the meeting;

(2) Must state the date and time of the meeting;

(3) Must describe the areas to be improved and advise that the property descriptions and assessment amounts may be ascertained from the City Clerk;

(4) Must include the amount of the assessment;

(5) May be served by USPS mail to the last known address; and,

(6) The City Clerk must prepare an affidavit of proof of such mailing.

In keeping with past practice, the City assesses 5% to conduct and finance the cost of each assessment. Therefore, the total assessment for Woodland Bayou will be $170,482.50. This amount will be assessed against 57 lots which equates to $2,990.92 per lot. The assessment will span over a five year period with a yearly installment of $598.18 per lot.

RECOMMENDATION: That the City Council adopt the preliminary assessment roll and Resolution No. 28-2019 relative to scheduling a Public Hearing pursuant to FLA. STAT. § 170.03 (2018) on September 16, 2019, for the purpose of hearing from the property owners and other interested parties regarding the construction of certain shoreline protection structures and dredging for Woodland Bayou.

ATTACHED: Resolution 28-2019 Woodland Bayou Notice of Meeting MJB redlines Woodland Bayou SA Roll updated 06-18-19

(850) 934-5100 • FAX (850) 934-5114 POST OFFICE BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

"GULF BREEZE WILL PRESERVE AND ENHANCE ITS HOMETOWN CHARACTER AND NATURAL ENVIRONMENT TO FOSTER A HIGH QUALITY OF FAMILY LIFE."

Page 56 of 92 RESOLUTION 28-2019

A RESOLUTION OF THE CITY OF GULF BREEZE, FLORIDA, PURSUANT TO CHAPTER 170, FLORIDA STATUTES, RELATING TO A SPECIAL ASSESSMENT FOR THE MAINTENANCE DREDGING OF WOODLAND BAYOU; SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING; SETTING THE DATE, TIME AND PLACE FOR A MEETING OF THE COUNCIL AS A BOARD OF EQUALIZATION; AND, PROVIDING FOR NOTICE.

WHEREAS, the City of Gulf Breeze has developed a preliminary assessment roll, which is attached hereto as Exhibit A; and

WHEREAS, Section 170.08, Florida Statutes requires that the City Council hold a public hearing to determine the advisability of the assessment project; and

WHEREAS, Section 170.07, Florida Statutes, requires that a time and place for the hearing be set by resolution; and

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF BREEZE, FLORIDA, AS FOLLOWS:

1. That the “whereas” clauses set forth above are incorporated herein by reference.

2. That the City Council will hold a Public Hearing to hear from affected property owners and other interested persons on the propriety and advisability of proceeding with the special assessment of properties for the costs of maintenance dredging of Woodland Bayou, the cost thereof, the manner of payment therefor, and the amount thereof to be

Page 57 of 92 assessed against each property as reflected on the preliminary assessment roll attached hereto as Exhibit A.

3. That the public hearing on the propriety and advisability of the Woodland Bayou dredging project and funding of the projects with special assessments be set for Monday, September 16, 2019, 5:30 p.m., in the Council Chambers at the Gulf Breeze City Hall.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GULF BREEZE, SANTA ROSA COUNTY, FLORIDA ON THIS ______DAY OF ______2019.

CITY OF GULF BREEZE, FLORIDA

By: ______Cherry M. Fitch, Mayor ATTEST

______Leslie A. Guyer, CMC, City Clerk or Stephanie D. Lucas, City Clerk

Page 58 of 92 EXHIBIT A

PRELIMINARY ASSESSMENT ROLL FOR WOODLAND BAYOU

LOT STREET NAME PARCEL BOOK AND PAGE ASSESSMENT 5 EQUAL YEARLY NUMBER ADDRESS NUMBER FEE INSTALLMENTS 1 64 HIGHPOINT DR IAN W & COLLEEN M ROGERS 06-3S-29-0540-00100-0470 OR 2926 PG 242 $2,990.92 $598.18 2 60 HIGHPOINT DR RAY W & PAMELA E CLARK 06-3S-29-0540-00100-0480 OR 2732 PGS 1137 & 1140 $2,990.92 $598.18 3 58 HIGHPOINT DR ELOISE S SPRADLING 06-3S-29-0540-00100-0500 OR 3771 PG 2014 $2,990.92 $598.18 4 56 HIGHPOINT DR PARRY MALONE 06-3S-29-0540-00100-0510 OR 3516 PG 880 $2,990.92 $598.18 5 54 HIGHPOINT DR ANDREW S KEES 06-3S-29-0540-00100-0520 OR 2226 PG 956 $2,990.92 $598.18 6 52 HIGHPOINT DR CHRISTIAN A & LAURA K SAVOIE 06-3S-29-0540-00100-0530 OR 3145 PG 1672 $2,990.92 $598.18 7 50 HIGHPOINT DR GINETTE SHEEHAN 06-3S-29-0540-00100-0540 OR 3067 PG 1498 $2,990.92 $598.18 8 48 HIGHPOINT DR BARBARA J & ROBERT L KIVELL 06-3S-29-0540-00100-0550 OR 1823 PG 1045 $2,990.92 $598.18 9 46 HIGHPOINT DR JOSEPH C & KATHY B BARRETT 06-3S-29-0540-00100-0560 OR 2773 PG 262 $2,990.92 $598.18 10 44 HIGHPOINT DR DOUGLAS J & LILLIA M BERRY 06-3S-29-0540-00100-0570 OR 3640 PG 851 $2,990.92 $598.18 11 42 HIGHPOINT DR MELISSA A & JACK A GRACE 06-3S-29-0540-00100-0580 OR 3457 PG 21 $2,990.92 $598.18 12 40 B HIGHPOINT DR GORDON K LOUGH TRUSTEE 06-3S-29-2321-00000-0020 OR 3169 PG 2045 & IN 3512 PG 761 $2,990.92 $598.18 13 38 HIGHPOINT DR ERIC C & ALLISON D NILSSEN 06-3S-29-0540-00100-0600 OR 3270 PG 1754 $2,990.92 $598.18 14 34 HIGHPOINT DR DAVID W & GINA M REDMOND 06-3S-29-0540-00100-0610 OR 3612 PG 1698 $2,990.92 $598.18 15 30 HIGHPOINT DR NICHOLAS & PATRICIA BURKE 06-3S-29-0540-00100-0620 OR 470 PGS 379 & 380& OR 1526 PG 852 $2,990.92 $598.18 16 28 HIGHPOINT DR RICHARD & MARJORIE HUBBELL 06-3S-29-0540-00200-0140 OR 3671 PG 1010 $2,990.92 $598.18 17 26 HIGHPOINT DR RICHARD & MARJORIE HUBBELL 06-3S-29-0540-00200-0130 OR 3146 PG 1961 $2,990.92 $598.18 18 24 HIGHPOINT DR STEPHEN F & SARAH W HANCY 06-3S-29-0540-00200-0120 OR 2045 PG 1463 $2,990.92 $598.18 19 22 HIGHPOINT DR JULIAN B & KIM G MACQUEEN 06-3S-29-0540-00200-0110 OR 1364 PG 1029 $2,990.92 $598.18 20 20 HIGHPOINT DR TIPTON G & ELLEN W MCKNIGHT 06-3S-29-0540-00200-0100 OR 1522 PG 878 $2,990.92 $598.18 21 18 HIGHPOINT DR NORMAN L & MARILYN J RICHARDS TRUSTEES 06-3S-29-0540-00200-0090 OR 3399 PG 1416 $2,990.92 $598.18 22 16 HIGHPOINT DR JULIAN B MACQUEEN 06-3S-29-0540-00200-0080 OR 3300 PG 1881 $2,990.92 $598.18 23 14 HIGHPOINT DR MARK B & ANN O KIRBY 06-3S-29-0540-00200-0070 OR 3736 PG 896 $2,990.92 $598.18 24 12 HIGHPOINT DR DENNIS G & SARAH B MCCARTHY 06-3S-29-0540-00200-0061 OR 2623 PG 1591 $2,990.92 $598.18 25 10 HIGHPOINT DR JOHN & DOROTHY E SILLITER 06-3S-29-0540-00200-0050 OR 3595 PG 422 $2,990.92 $598.18 26 8 HIGHPOINT DR BRENDA BRAUN 06-3S-29-0540-00200-0040 OR 3364 PG 885 (PB) $2,990.92 $598.18 27 6 HIGHPOINT DR STEPHANIE B BELL 06-3S-29-0540-00200-0030 OR 3564 PG 2040 $2,990.92 $598.18 28 4 HIGHPOINT DR JOHN & TARA E TURK 06-3S-29-0540-00200-0020 OR 3440 PG 1693 $2,990.92 $598.18 29 2 HIGHPOINT DR CHRISTOPHER I & REGINA B DIXON 06-3S-29-0540-00200-0010 OR 3607 PG 1067 $2,990.92 $598.18 30 PARK CITY OF GULF BREEZE 06-3S-29-0540-00000-PARK CASABLANCA PARKS "A" & "B" $2,990.92 $598.18 31 254 FAIRPOINT DR SAMUEL I & ENID WILSON 06-3S-29-0540-01000-0020 OR 3138 PG 1618 $2,990.92 $598.18 32 252 FAIRPOINT DR ELIZABETH R & KENNETH H WOOLF TRUSTEES 06-3S-29-0540-01000-0030 OR 2816 PG 1752 & OR3671 PG 1794 $2,990.92 $598.18 33 3 N SUNSET BLVD ALICE J & HUGH L COLE 06-3S-29-0540-01000-0050 OR 1681 PG 1015 & 1017 $2,990.92 $598.18 34 5 N SUNSET BLVD DAVID A & TERRI T DAVIDSON 06-3S-29-0540-01000-0060 OR 1832 PG 488 $2,990.92 $598.18 35 7 N SUNSET BLVD ROBERT R JR & ELEANOR T ACKLEY 06-3S-29-0540-01000-0070 OR 3343 PG 1723 $2,990.92 $598.18 36 9 N SUNSET BLVD ALAN M & VICTORIA J BROCK 06-3S-29-0540-01000-0080 OR 1264 PG 739 $2,990.92 $598.18 37 11 N SUNSET BLVD BROOKS S & JESSICA A MOORE 06-3S-29-0540-01000-0090 OR 3165 PG 1079 $2,990.92 $598.18 38 13 N SUNSET BLVD RUTH A SMITH 06-3S-29-0540-01000-0100 OR 3800 PG 492 $2,990.92 $598.18 39 15 N SUNSET BLVD TEDRICK & KARLA S ENT 06-3S-29-0540-01000-0110 OR 3763 PG 521 $2,990.92 $598.18 40 17 N SUNSET BLVD MABLE HOLTON TRUST 06-3S-29-0540-01000-0120 OR 2246 PG 2056 $2,990.92 $598.18 41 19 N SUNSET BLVD ALFRED W JR KETTENRING & MARY WORKMAN 06-3S-29-0540-01000-0130 OR 346 PG 616 $2,990.92 $598.18 Page 59 of 92 42 21 N SUNSET BLVD JOSEPH R & ELEANOR H O'DANIEL 06-3S-29-0540-01000-0140 OR 391 PG 475 $2,990.92 $598.18 43 23 N SUNSET BLVD DAVID L & CHRISTINE TENNISWOOD 06-3S-29-0540-01000-0150 OR 3664 PG 147 $2,990.92 $598.18 44 418 N SUNSET BLVD KEITH H & JUNE M BIGGS 06-3S-29-0540-01000-0160 OR 2629 PG 1282 $2,990.92 $598.18 45 416 N SUNSET BLVD ADAM P & TRACY V PURDY 06-3S-29-0540-01000-0170 OR 3787 PG 1702 $2,990.92 $598.18 46 414 N SUNSET BLVD WILLIAM K JR & SARA V WHITESELL 06-3S-29-0540-01000-0180 OR 305 PG 161 $2,990.92 $598.18 47 412 N SUNSET BLVD JASON & LAURA HALL 06-3S-29-0540-01000-0190 OR 3060 PG 239 $2,990.92 $598.18 48 410 N SUNSET BLVD GREGORY M & EVELYN K MEIER 06-3S-29-0540-01000-0200 OR 3321 PG 1281 $2,990.92 $598.18 49 408 N SUNSET BLVD WHITE E III & MARY L GIBSON 06-3S-29-0540-01000-0211 OR 1432 PG 936 & OR 1661 PG 485 $2,990.92 $598.18 50 406 N SUNSET BLVD JOHN F & ANN L PHELPS 06-3S-29-0540-01000-0210 OR 1208 PG 184 $2,990.92 $598.18 51 404 N SUNSET BLVD WARREN L & MARY L HERRON 06-3S-29-0540-01000-0230 OR 231 PG 478 & OR 2610 PGS 1380 & 1382 $2,990.92 $598.18 52 402 N SUNSET BLVD JON & THERESA MOORE 06-3S-29-0540-01000-0240 OR 3026 PG 449 $2,990.92 $598.18 53 400 N SUNSET BLVD ROGER G & ROSEMARY M VOELKER 06-3S-29-0540-01000-0250 CASABLANCA PARCEL #3 LOTS 25 &26 BLK 10 $2,990.92 $598.18 54 326 N SUNSET BLVD CHAD E & DALLAS S GEORGE 06-3S-29-0540-01000-0270 OR 3514 BK 232 $2,990.92 $598.18 55 324 N SUNSET BLVD STEPHEN C & LUCY B TRAWICK 06-3S-29-0540-01000-0280 OR 348 PG 89 $2,990.92 $598.18 56 322 N SUNSET BLVD NICHOLAS E & PEGGY L SHOLTY 06-3S-29-0540-01000-0290 OR 3751 PG 380 $2,990.92 $598.18 57 320 N SUNSET BLVD MARGARET B MILLER 06-3S-29-0540-01000-0300 OR 3209 PG 837 & AS DES IN OR 3449 PG 423 $2,990.92 $598.18 Page 60 of 92

Memorandum

To: Samantha Abell, City Manager From: Ron Pulley, Director of Parks & Recreation Date: July 18, 2019 Subject: Splash Pad Spectator Area Expansion – Bid Results

REQUEST: That the City Council reject the single bid received for the expansion of the splash pad spectator area and authorize the re-advertisement of a Request for Proposals.

BACKGROUND: On Tuesday, June 11, 2019 at 2:30 pm, one bid was received and opened for the expansion of the spectator area of the splash pad.

DISCUSSION: The bid submitted by The Wallace Company of Pensacola totaled $59,750. The Council approved budget for this project is $50,000. Staff propose to re-advertise this project as a "request for proposals" in order to encourage additional submittals that are in keeping with the approved budget.

RECOMMENDATION: That the City Council reject the bid of $59,750 submitted by The Wallace Company, for the expansion of the spectator area of the splash pad and authorize staff to proceed with the publication of a new request for proposals for this project.

ATTACHED: 6 11 2019 Splash Pad Addition Bid Tab

850.934.5115 • FAX 850.934.5114 P.O. BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

Page 61 of 92 Splash Pad ‐ Addition (#6343670) Owner: City of Gulf Breeze, FL Solicitor: City of Gulf Breeze 06/11/2019 02:00 PM CDT

The Wallace Company Section Title Line Item Quantity Unit Price Extension Base Bid $59,750.00 1 1 $59,750.00 $59,750.00 Base Bid Total: $59,750.00

Page 62 of 92

Memorandum

To: Samantha Abell, City Manager From: Jeanne N. Griffin, Director of Finance Date: July 25, 2019 Subject: Contractual Services Request

REQUEST: The Council approve the contractual agreement between the City and Warren Averett CPAs and Advisors related to providing accounting assistance for the annual audit.

BACKGROUND: The reconciliation of the accounts receivable accounts for the Enterprise funds have not been reconciled since the 9/30/2018 audit due to vacancies within the finance division. In addition, new auditing regulations imposed by the State regarding sewer/impact fees are creating additional work.

DISCUSSION: In the fiscal year ending 9/30/2018 audit compliance letter, the City's external auditors with Saltmarsh, recommended the City supplement its financial closeout process with a contingency plan to add resources as necessary when unusually high workloads make it difficult to complete the closeout in a timely manner.

FINANCIAL IMPACT: There is currently approximately $54,500 available in the auditing and bookkeeping line item due to the expectation of needing additional assistance. The expectation is the work can be completed over a four (4-6) week period and is estimated not to exceed $20,000.

RECOMMENDATION: The Council approve the agreement for assistance related to audit with Warren Averett CPAs and Advisors.

ATTACHED: Engagement Letter - Consulting COGB with changes As Issued

850.934.5115 • FAX 850.934.5114 P.O. BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

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Page 66 of 92

Memorandum

To: Samantha D. Abell, City Manager From: Thomas Lambert, Assistant Director of Public Services Thru: Jason Randell, Director of Public Services Date: July 30, 2019 Subject: Authorization to Bid FY 2019 Resurfacing Project

REQUEST: Council authorization to bid FY 2019 Resurfacing Projects.

BACKGROUND: The following roads are included in the FY 2019 Paving Plan Budget: Warwick Street, Cumberland Avenue, Surry Drive, and portions of York Street and Norwich Drive.

DISCUSSION: The attached map shows the streets to be paved in the 2019 approved budget and, for informational purposes, also the 2020 proposed budget. Items to note: As the drainage system in the area was constructed in 2006, no significant replacement is necessary. The area is not sewered, and there are no plans to add sewer at this time. If the City does move forward with the (STEP), projects - elimination tankwith installed be septic can systems low pressure techniques that would not damage the new pavement.

FINANCIAL IMPACT: This action has no financial impact. The bids received will be brought to the City Council for approval to ensure the project is within budget.

RECOMMENDATION: The City Council authorize the staff to advertise bids for the FY 2019 Resurfacing Project.

ATTACHED: 2020 Budget Paving Map COGB Roadway Inventory 2020 BUDGET REV072219

850.934.5115 • FAX 850.934.5114 P.O. BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

Page 67 of 92 STREET RESURFACING SCHEDULE

FY 2019 - $390,489 FY 2020 - $1,239,794 CRA - $387,425*

* Includes ADA Sidewalk Improvements Page 68 of 92 CITY PAVING BUDGET PLAN F/Y 2020 Per Mile Estimate $ 300,000 7/22/2019 31.05 MILES (Excludes private, FDOT and Pensacola Beach Road) STREET NAME SEG LENGTH LAST YR NEXT ESTIMATE CRA ADA YEAR GEN FUND CRA ADA No. PAVED YR Funded SIDEWALK Sidewalk PAVED Faron Cir 1 351 0 2019 $ 19,943 $ 19,943 2019 $ 487,193 $ 243,125 $ 144,300 Nightingale Dr 1 767 0 2019 $ 43,580 $ 43,580 $ 30,500 2020 $ 1,239,794 $ - $ - Nightingale Ln 2 520 0 2019 $ 29,545 $ 29,545 2021 $ 1,063,335 $ - $ 120,583 York St 1 2,164 0 2019 $ 122,955 2022 $ 710,227 $ - $ - York St 2 1,886 0 2019 $ 107,136 2023 $ 622,290 $ - $ 37,675 Cumberland Ave 1 1,728 0 2019 $ 98,182 2024 $ 789,148 $ 145,227 $ 49,700 Warwick St 1 1,494 0 2019 $ 84,886 2025 $ 678,290 $ - $ - Norwich Dr 1 377 0 2019 $ 21,420 2026 $ - $ 65,625 $ 875 Surry Dr 1 926 0 2019 $ 52,614 2027 $ 579,091 $ - $ 81,200 Hoffman Dr 1 662 0 2019 $ 37,614 $ 37,614 2028 $ 93,125 $ 488,636 $ 86,700 McAbee Ct 1 701 0 2019 $ 39,830 $ 39,830 $ 63,800 2029 $ 324,489 $ - $ 86,600 Joachim Dr 1 1,278 0 2019 $ 72,614 $ 72,614 $ 50,000 2030 $ 243,920 $ - $ - Bear Dr 1 1,638 0 2020 $ 176,797 2031 $ 481,079 $ 91,250 $ 17,200 Bear Dr 2 1,038 0 2020 $ 112,078 2032 $ 496,393 $ 48,647 $ - Madrid Ave 1 589 0 2020 $ 30,119 2033 $ 432,273 $ - $ - Fairpoint Pl 1 670 2000 2020 $ 34,261 2034 $ - $ - $ - Highpoint Dr 1 2,472 0 2020 $ 121,493 2035 $ - $ - $ - Highpoint Dr 2 2,442 0 2020 $ 120,019 TOTAL $ 8,240,647 $ 1,082,510 $ 624,833 Cordoba St 2 1,371 0 2020 $ 70,108 CRA ROADS Shoreline Dr 3 2,711 2006 2020 $ 221,424 Shoreline Dr 4 1,788 2006 2020 $ 146,037 Shoreline Dr 5 1,218 2006 2020 $ 99,482 Shoreline Dr 6 1,322 2006 2020 $ 107,976 Plantation Hill Rd 1 1,757 0 2021 $ 89,847 Laura Ln 1 1,189 0 2021 $ 67,557 Smith Cir 1 513 2000 2021 $ 29,148 Catawba St 1 194 0 2021 $ 11,023 Chesapeake Dr 1 762 2000 2021 $ 43,295 Eufaula St 1 1,113 0 2021 $ 63,261 Azalea St 1 586 2001 2021 $ 33,295 Breeze St 1 461 0 2021 $ 26,193 Confederate Ct 1 229 2001 2021 $ 13,011 Florida Ave 1 984 2001 2021 $ 55,909 Florida Ave 2 2,102 2001 2021 $ 119,432 N. Sunset Blvd 1 1,289 0 2021 $ 73,239 N. Sunset Blvd 2 2,726 0 2021 $ 154,886 Shoreline Dr 1 694 2006 2021 $ 39,432 Shoreline Dr 2 4,291 2006 2021 $ 243,807 $ 120,583 McLane Rd 1 900 0 2022 $ 51,136 Shoreline Pl 1 756 0 2022 $ 42,955 Deer Point Cir 1 385 0 2022 $ 21,875 Deer Point Dr 1 1,251 0 2022 $ 71,080 Deer Point Dr 2 1,681 0 2022 $ 95,511 Dolphin St 1 1,961 2002 2022 $ 111,420 Dolphin St 2 1,135 0 2022 $ 64,489 Hillcrest Dr 1 277 0 2022 $ 15,739 Loruna Dr 1 1,723 2002 2022 $ 97,898 Roanoke Ct 1 460 2002 2022 $ 26,136 Shenandoah Dr 1 813 2002 2022 $ 46,193 Southern Ct 1 711 2002 2022 $ 40,398 Stonewall Dr 1 447 2002 2022 $ 25,398 Boxwood Ln 1 383 2003 2023 $ 21,761 Camelia St 1 1,014 2003 2023 $ 57,614 Camelia St 2 1,728 2003 2023 $ 98,199 $ 875

P:\_ PUBLIC WORKS PROJECT\~ROAD PAVING\COGB Roadway Inventory 2020 BUDGET.xlsx

Page 69 of 92 CITY PAVING BUDGET PLAN F/Y 2020 Per Mile Estimate $ 300,000 7/22/2019 31.05 MILES (Excludes private, FDOT and Pensacola Beach Road) STREET NAME SEG LENGTH LAST YR NEXT ESTIMATE CRA ADA YEAR GEN FUND CRA ADA No. PAVED YR Funded SIDEWALK Sidewalk Futura Dr 1 273 2003 PAVED2023 $ 15,511 Jamestown Dr 1 717 2003 2023 $ 40,739 Julia Way 1 1,275 0 2023 $ 72,443 Navarre St 1 2,109 0 2023 $ 119,830 $ 18,000 Navarre St 2 902 0 2023 $ 51,250 $ 18,800 Pine Tree Dr 1 1,241 0 2023 $ 70,511 Pine Tree Dr 2 1,310 2003 2023 $ 74,432 Andrew Jackson Tr 2 1,308 2000 2024 $ 74,318 $ 49,700 Canterbury Ln 1 649 2000 2024 $ 36,875 Mound Cir 1 325 2000 2024 $ 18,466 Yesteroaks Cir 1 335 2000 2024 $ 19,034 Bay Cliffs Cir 1 551 2000 2024 $ 31,307 Bay Cliffs Rd 2 1,372 2000 2024 $ 77,955 Bay Cliffs Rd 3 1,430 2000 2024 $ 81,250 Bay Cliffs Rd 4 362 2000 2024 $ 20,568 Bonilace Cir 1 403 2000 2024 $ 22,898 Chesapeake Dr 2 1,206 2004 2024 $ 68,523 James River Rd 2 358 0 2024 $ 20,341 James River Rd 3 1,673 0 2024 $ 95,057 Kenilworth Ave 1 515 2004 2024 $ 29,261 Kenilworth Ave 2 937 2004 2024 $ 53,239 Kent Pl 1 333 2004 2024 $ 18,920 North Cliff Dr 1 1,836 2004 2024 $ 104,318 $ 104,318 Valencia St 1 1,789 2004 2024 $ 101,648 Waterford Rd 1 343 0 2024 $ 19,489 Windsor Pl 1 720 2004 2024 $ 40,909 $ 40,909 Lake Shore Dr 1 628 0 2025 $ 35,682 Malaga St 1 337 0 2025 $ 19,148 Norwich Dr 2 1,343 0 2025 $ 76,307 Norwich Dr 3 1,216 0 2025 $ 69,068 Soundview Tr 1 757 2003 2025 $ 43,011 Soundview Tr 2 3,340 2003 2025 $ 189,773 Tall Pine Cir 1 271 2003 2025 $ 15,415 Tall Pine Tr 1 686 2003 2025 $ 38,977 Tall Pine Tr 2 1,160 2003 2025 $ 65,909 Willamsburg Dr 1 1,034 0 2025 $ 58,750 Willamsburg Dr 2 1,166 2000 2025 $ 66,250 Andrew Jackson Tr 1 1,155 2006 2026 $ 65,625 $ 65,625 $ 875 Fairpoint Dr 1 2,998 2006 2027 $ 170,341 $ 43,100 Fairpoint Dr 2 2,204 2006 2027 $ 125,227 Fairpoint Dr 3 2,616 2006 2027 $ 148,636 Fairpoint Dr 4 1,474 2006 2027 $ 83,750 Andrews Institute Dr 1 900 2007 2027 $ 51,136 $ 38,100 Daniel Dr 1 743 2010 2028 $ 42,216 $ 42,216 $ 55,700 Daniel Dr 2 1,713 2010 2028 $ 97,330 $ 97,330 Highpoint Dr 3 1,639 0 2028 $ 93,125 Live Oak Ave 1 435 2011 2028 $ 24,716 $ 24,716 McClure Dr 1 578 2012 2028 $ 32,841 $ 32,841 McClure Dr 2 1,471 2012 2028 $ 83,580 $ 83,580 $ 31,000 Pfeiffer St 1 351 2011 2028 $ 19,943 $ 19,943 Robert Ave 1 201 2012 2028 $ 11,420 $ 11,420 Shirley Dr 1 920 2012 2028 $ 52,273 $ 52,273 Shirley Dr 2 558 2012 2028 $ 31,705 $ 31,705 St. Francis Dr 1 1,127 2012 2028 $ 64,034 $ 64,034 Water Plant Rd 1 503 2013 2028 $ 28,580 $ 28,580 P:\_ PUBLIC WORKS PROJECT\~ROAD PAVING\COGB Roadway Inventory 2020 BUDGET.xlsx

Page 70 of 92 CITY PAVING BUDGET PLAN F/Y 2020 Per Mile Estimate $ 300,000 7/22/2019 31.05 MILES (Excludes private, FDOT and Pensacola Beach Road) STREET NAME SEG LENGTH LAST YR NEXT ESTIMATE CRA ADA YEAR GEN FUND CRA ADA No. PAVED YR Funded SIDEWALK Sidewalk Cadiz St 1 626 2014 PAVED2029 $ 35,568 Cordoba St 1 789 2014 2029 $ 44,830 Oviedo St 1 1,664 2014 2029 $ 94,545 S. Sunset Blvd 1 2,632 2012 2029 $ 149,545 $ 86,600 Beach Rd 1 1,045 2015 2030 $ 59,375 Middle Plantation Cir 1 216 2015 2030 $ 12,273 Middle Plantation Ln 2 860 2015 2030 $ 48,864 Plantation Hill Rd 2 1,291 2015 2030 $ 73,352 Plantation Hill Rd 3 881 2015 2030 $ 50,057 Berry Ave 1 827 2017 2031 $ 36,808 Camelia St 3 1,003 2016 2031 $ 56,989 Center Rd 1 376 2016 2031 $ 21,364 $ 21,364 $ 17,200 Driftwood Ave 1 368 2017 2031 $ 16,379 Montrose Blvd 1 953 2017 2031 $ 42,416 Montrose Blvd 2 598 2017 2031 $ 26,616 Navy Cove 1 1,971 2017 2031 $ 87,724 Nightingale Ln 2 870 2016 2031 $ 49,432 $ 49,432 Poinciana Ct 1 244 2016 2031 $ 10,860 Poinciana Dr 2 2,456 2016 2031 $ 109,311 Poinciana Dr 4 558 2016 2031 $ 31,705 Russ Dr 1 360 2016 2031 $ 20,455 $ 20,455 Washington Ave 1 1,096 2016 2031 $ 62,273 Dracena Way 1 2,318 2017 2032 $ 103,169 Gilmore Dr 1 1,806 2017 2032 $ 80,381 Gilmore Dr 2 1,621 2017 2032 $ 72,147 Hampton Dr 1 995 2017 2032 $ 44,285 Kevin Dr 1 535 2017 2032 $ 23,812 $ 23,812 San Carlos Ave 1 1,472 2017 2032 $ 65,515 San Carlos Ave 2 1,537 2017 2032 $ 68,408 Silverthorn Rd 2 1,404 2017 2032 $ 62,489 Sterns St 1 558 2017 2032 $ 24,835 $ 24,835 Firethorn Rd 1 1,527 2018 2033 $ 86,761 Hibiscus Ave 1 1,309 2018 2033 $ 74,375 Nandina Rd 1 1,408 2018 2033 $ 80,000 Palmetto Rd 1 1,120 2018 2033 $ 63,636 Poinciana Dr 3 931 2018 2033 $ 52,898 Silverthorn Rd 1 1,313 2018 2033 $ 74,602

P:\_ PUBLIC WORKS PROJECT\~ROAD PAVING\COGB Roadway Inventory 2020 BUDGET.xlsx

Page 71 of 92 Page 72 of 92

Memorandum

To: Samantha Abell, City Manager From: Craig S. Carmichael, Director of Community Services Date: July 29, 2019 Subject: Daniel Drive Easement Agreement

REQUEST: That the City Council approve the easement agreement for a strip of land that is more or less located on the northwest side of Daniel Drive that runs from Andrew Jackson Trail to the common property line between the Dolphin Stadium and the Sacred Heart Pediatric Medical Office Building (MOB) and authorize the Mayor to sign the agreement.

BACKGROUND: Part of the Daniel & Joachim Streetscape Project's design includes installing decorative lighting, landscaping and irrigation between the north side of the sidewalk and the fence behind the stadium. During the design process it was determined that a portion of the sidewalk that the City constructed in 2009 was located on property owned by the Santa Rosa County School Board (SRCSB). As a result, the proposed streetscaping improvements would further encroach into the SRCSB property.

After the discovery of the encroachment, staff met with Superintendent Tim Wyrosdick and requested an easement to correct the issue and allow for the aforementioned streetscape improvements. In light of how long the sidewalk has existed outside of the designated right-of- way (ROW) and the fact that streetscape would have a positive impact on the school, Superintendent Wyrosidick supported the idea and agreed to present it the School Board. The easement agreement was presented to the School Board and approved at their July 23, 2019 meeting.

DISCUSSION: More precisely, the easement includes the strip of land that runs along the west side of the Daniel Drive ROW from approximately the mid-point of the girls softball field to the common property line of the stadium parking lot and the Scared Heart Pediatric MOB. The strip varies in width and runs from the edge of the ROW to the fence. It was generally thought that the fence was on the edge of the property line. As mentioned above, the easement agreement will correct the issue

850.934.5115 • FAX 850.934.5114 P.O. BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

Page 73 of 92 with the existing sidewalk and will allow us to install the streetscape features associated with the Daniel & Joachim Streetscape Project that was approved by the City Council on May 6, 2019.

The agreement has been reviewed for legal sufficiency by the City Attorney.

RECOMMENDATION: That the City Council approve the easement agreement for a strip of land that is more or less located on the northwest side of Daniel Drive that runs from Andrew Jackson Trail to the common property line between the Dolphin Stadium and the Sacred Heart Pediatric Medical Office Building (MOB) and authorize the Mayor to sign the agreement.

ATTACHED: SRC School Board Easement Agreement - Daniel Drive 2019

850.934.5115 • FAX 850.934.5114 P.O. BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

Page 74 of 92 THIS INSTRl.iMEN'r PREP.lRED BY: Maiy Jane B(ISS. ES(I. Bcggs & Ianc, RLL.P Post Ofafice BoX 12950 Pensacolii, FL 325QI-'!Q50 Fla Biii'Bo. 784291

ST,o'iTE OF FLORID.A COUNTY OF SANTA ROSA

F.A5F.MENT AGREEMENT

Tl-JIS EASEMENT AGREEMENT (tliis "Agrccment") is madc and entered into tliis tlie 23"' day of July 2019, by and between tlic SCHOOL BOARD OF SANTA ROSA COUNTY, a distiict scliool board constitutcd as provided in Article IX, Section 4, of tlie Florida Constitution, wliose address is 5086 Canal Street, Milton, Florida 32570 ("Grantor"), and tl'ie CJTY OF GULF BREEZE, a Florida municipal corporation, wliosc address is 1070 Sliorclinc Drive, Gulf Breeze, Florida 32562 ("Grantee").

WITNESSETH:

WHEREAS Grantor owns rcal liropeity in tlie City of Gulf Breeze located on the west and nortl'iwest side of Daniel Drive wliere Daniel Drive niiis betwccn Andrew Jackson Trail and Higliway 98, wl'iic]i property is more particularly described in Exhibit "A" attached liereto (the "Propexty"); and

'vVHEREAS, Graiitec currcntly maintains utility lines and otlier intrastructure witliin tlie Daniel Drivc rigl'it-of-way and in pait on thc Property; and

'vVHEREAS Grantee is installing additional streetscape improvemcnts, including but not limited to utilities, parking, aiid sidewalks, wliidi togctlier with t)ie existing utilitics and infrastructure locatcd on tlic Prolieity ( col]ectively the "Improvemeiits") are more particularly identified and depicted on tlie survey drawing attaclied liereto as Exhibit "B" tliat will furtlier encroacl'i on the Property; and

'vVHEREAS Grantor desires to provide Grantce witli a perpetual, non-exclusive eascmcnt to constnict and maintain Grantee's Improvements on tl'ic Property: and

NOW, THEREFORE, for and in consicieration of one dollar ($1.00), thc premises and tlic mutual covenants and conditions hereinafter set foit}i, and for otlier good and valuable consideration, t]ie parties hereby agree as follows:

1. Grant of Easement. Grantor liereby grants and conveys to Grantee a perpetual, non-exclusive eascmcnt on, over, under, and across the Property for tlie location, excavation, installation, constructioi"i, use, opcration, i'i'iaintenance, repair, removal, and replacement of the

In'iprovcinei'its for tlic solc use and benefit of tlic general public. Grantor also does l'iereby grant, bargain, convey, transfer, and deliver to Grantee tlie right to clear, keep clear, and remove from the easeinent area, all trees, undergrowtl'i and other obstructions tliat may interfere witl"i the location. excavation, use, operation, maintenance, repair, removal, or replacement of tlie

Page 75 of 92 easement area or tl'ie [mprovcincnts installed and maintained tliereon by Grai'itee. Graxitor, its successors and assigns, furtl"ier agrees not to build, construct or create or pennit othcrs to build, construct or create any buildiiig, stiaucture, or otlier ii'nprovcinents in t)ie easeinent area t)iat n"iay interfere with thc location, excavation, use, opcration, maintenance, rcpair, removal, or replacement of tlie Improvements.

2. Bindin@ Effect; Run witl'i tlie Land. Tlic rights, obligations, and easements set fortli in tliis Eascmeiit Agreement shall nin witli tlie land, shall burden tlic Propcity, sliaH lienetit tlie persons and entities identiticd in Section l above. and sl'iall be binding LIPOII and against Grantor aiid Grantee and tlicir rcspective successors, succcssors-in-title and assigns.

3. Miscellaneous. This instrument sliall be goveriied by and construed in accordancewitlitlielawsoftl'ieStatcofF1orida. TliisAgreemcntmaynotbemodif-ied,waived, or amended except by a written instruinent executcd by Grantor and Grantee. Tliis Agreement contaii"is tlic entire agreement and understanding between Grantor and Gi-antee witli respect to the subject matter liereof, and all lirior and contemporaneous agrecincnts, buiderstandings, and negotiations between Grantor anc'l Grantee witli respect to the sub.ject inatter l'iereof are liercby supcrscdcd.

4. Indemnification by Grantee. In coi'isideration of tlie gi-anting of tl'iis casement, Grantee sliall, to tlie extent allowed by law, indemnify Graxitor and save and defend and liold liarinless Grantor fi-om any and all liability for damages, including injury or death, to any and all persons arising by or occasioned by Grantee excrcising it rights pursuant to tl'iis casement; provided, however, tl'iis indemi'iity sliall not alaiply to any liability for dai'nages, including injury or dcath, caused by or arising from any act or omission of Grantor, or any of its agents or employees. Indemni fication sliall include providing, at 11(') cost to Grantor separate legal counsel (acceptable to Grantor provided that acceptance of COLIIISCI assigned by City's insurer shall not be unreasonably witl'i)ield) at trial and appellate level to defend said Grantcir fiaom any legal action tliat n'iay be filed cir threatened to be filed against grantor for an event occurring on tlic subject propeity. Grantee expressly does not waive sovereign imn'iunity as set forth in Florida Statutes or tlie Constitution of tlie State of Florida.

fN WITNESS 'vVHEREOF Gi-antor and Grantee have executed this instrument as of tlie day and year first above writtcn.

[INTENTIONALLY LEFT BLANK]

Page 76 of 92 Signed, sealed and delivered in tlie prcscnce of: GRANTOR:

SCHOO[ BOARD OF SANTA ROSA COUNTY, a district school board constituted as providctJ in Aiticle IX, Section 4, of the Florida Constitution,

By:e,,,z ?>

APPRWD IN aESSIQffl

P nt Name:

JUL 2 3 2m9

ST ATE OF FLORIDA 8ANTA 80!3A COUNTY 8CHOO1 BOARD CO[JNTY OF SANTA ROSA SUPEFIINTENDENT

The forcgciing ixistnimcnt was acknowledgcd before me tliis 25Jay of J /U

on bel'ialf of said board. Said person is personally known to me or presented liis/lier current Florida drivels license as identification.'

AFFIX NOT ARY SEAL Notary Public PrimNan"ie: fy'leleui'ie--.J,pAJc})o azaa"#"".a""" MIE J- PALLO My cotnmission expires: l1lt4 A"'4'ar"'aan":'a"o:ii'MRiSlsomss':vJoupubhN'#'4"""1"a' 'alni li l'rta IIVI 1119111111111 9€ # I 0 # + +0 #-- - - 0 0--- - _. .L 1.1 41 ,

Page 77 of 92 GRANTEE:

CITY OF GULF BREEZE a Florida municipal corporation

By: Cherry Fitch, Mayor Attest:

(AFFIX CITY SEAL) City Clerk

Signed, sealed and delivered in the presence ofi

Print Name:

Legal in form and valid as drawn: Approved as to content:

Mary Jane Bass, City Attorney Samantha D. Abell, City Manager

ST ATE OF FLORIDA COUNTY OF SANTA ROSA

The foregoing instrument was acknowledged before me this day of , 2019, by Cherg Fitch, as Mayor of City of Gulf Breeze, a Florida municipal corporation, on behalf of said corporation. Said person is personally known to me or presented her current Florida driver's license as identification.

AFFIX NOTARY SEAL Notaiy Public Print Name: My commission expires:

Page 78 of 92 EXHIBIT "A"

LEGAL DESCRIPTION

COMMENCE AT A HALF INCH DIAMETER CAPPED IRON ROD (ILLEGIBLE) AT THE NORTHEAST CORNER OF GOVERNMENT LOT 2, SECTION 4, TOWNSHIP 3 SOUTH, RANGE 29 WEST, SANTA ROSA COUNTY, FLORIDA, SAID POINT LYING NORTH 03 DEGREES 10 MINUTES 07 SECONDS EAST, A DISTANCE OF 579.92 FEET FROM A ONE INCH DIAMETER IRON PIPE AT THE INTERSECTION OF THE EAST LINE OF SAID GOVERNMENT LOT 2 AND THE NORTH RIGHT-OF- WAY LINE OF JOACHIM DRIVE (66' R/\/V); THENCE RUN SOUTH 03 DEGREES 10 MINUTES 07 SECONDS WEST ALONG THE EAST LINE OF SAID GOVERNMENT LOT 2 BEING ALSO THE EAST RIGHT-OF-WAY LINE OF DANIEL DRIVE (R/\/V VARIES), A DISTANCE OF 257.95 FEET; THENCE RUN NORTH 86 DEGREES 49 MINUTES 53 SECONDS WEST, A DISTANCE OF 67.10 FEET TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF DANIEL DRIVE AS RECORDED IN OFFICIAL RECORDS BOOK 2710, AT PAGE 2004 0F THE PUBLIC RECORDS OF SAID COUNTY AND THE POINT OF BEGINNING: THENCE RUN SOUTH 04 DEGREES 44 MINuTES 30 SECONDS WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1101 .89 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 3698 AT PAGE 1307 0F THE PUBLIC RECORDS OF SAID COUNTY; THENCE RIN NORTH 86 DEGREES 53 MINUTES 33 SECONDDS WEST ALONG SAID NORTH LINE, A DISTANCE OF 2.19 FEET; THENCE RUN NORTH 03 DEGREES 22 MINUTES 02 SECONDS EAST, A DISTANCE OF 298.60 FEET: THENCE RUN NORTH 85 DEGREES 15 MINUTES 30 SECONDS WEST, A DISTANCE OF 10.89 FEET: THENCE RUN NORTH 05 DEGREES 13 MINuTES 54 SECONDS EAST, A DISTANCE OF 803.47 FEET: THENCE RUN SOUTH 85 DEGREES 15 MINUTES 30 SECONDS EAST, A DISTANCEOF13.37FEETTOTHEPOINTOFBEGINNING. SAIDPARCEL BEING O.350 ACRES IN AREA MORE OR LESS.

Page 79 of 92 EXHIBIT "B"

SURVEY

Page 80 of 92 EXHII)l-r "I)"

SURVEY

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1 '. s a

Page 81 of 92 Page 82 of 92

Memorandum

To: Samantha Abell, City Manager From: Jason Randell, Director of Public Services Date: July 25, 2019 Subject: Biosolids Hauling & Disposal Contract Authorization to Bid

REQUEST: The City Council authorize staff to advertise for bids for the hauling and disposal of biosolids from the Tiger Point Waste Water Treatment Facility.

BACKGROUND: The Tiger Point WWTF produces Class B biosolids as a byproduct of waste sludge in the treatment process. In accordance with the FDEP permit, the biosolids must be disposed through land application on permitted sites. Greensouth LLC is the current licensed hauler and land application company and has been for the past several years.

DISCUSSION: Greensouth LLC has revised their contract and wishes to renew the agreement under this new contract. Staff reviewed the contract with Beggs and Lane and provided modifications for operational adverecommends staff this for rtising contract Using consistency. document, competitive bidding the hauling and disposal of biosolids. At the time the City entered into an agreement with Greensouth, there were no other contract haulers in our area. At this time there is at least one other competing entity.

FINANCIAL IMPACT: There is no financial impact with this action. Staff will provide the results of the bidding process with a recommendation for the lowest and best bidder. The current annual budget for biosolids hauling is $60,000.

RECOMMENDATION: The City Council authorize staff to advertise for bid the contract for hauling and disposal of biosolids for the Tiger Point WWTF.

ATTACHED: Version 1381275_2 Biosolids Hauling - FINAL 850.934.5115 • FAX 850.934.5114 P.O. BOX 640 • 1070 SHORELINE DRIVE • GULF BREEZE, FLORIDA 32562-0640

Page 83 of 92 SERVICES AGREEMENT

This SERVICES AGREEMENT (hereinafter the “Agreement”) is made and entered into this _____ day of ______, 2019, between ______, with its principal place of business located at ______(hereinafter “Contractor”) and the CITY OF GULF BREEZE, a Florida municipal corporation, as the owner of the South Santa Rosa Utility System, With its principal place of business located at 1070 Shoreline Drive, Gulf Breeze, Florida, (hereinafter the “SSRUS”), each referred to as “Party” and together as “Parties.”

WHEREAS, Contractor is engaged in the business of handling, transporting, and disposing of biosolids generated during the treatment of domestic sewage in both public and private treatment works (“Waste”); and

WHEREAS, SSRUS desires to contract with Contractor to provide transportation and/or disposal services for its Waste as the SSRUS may, from time to time, request; and

WHEREAS, the Parties desire to establish as between themselves their relationship and their relative rights and obligations as set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, Contractor and the SSRUS agree as follows:

Article I Recitals

1.01 Recitals. The Parties hereby acknowledge that the foregoing Recitals are accurate, true and correct, and the same are hereby incorporated into and made part of this Agreement.

Article II Services

2.01 Agreement for Services. The SSRUS hereby contracts with Contractor to provide transportation and/or disposal services for SSRUS’s Waste for the term, rate of compensation, and upon such other terms and conditions as set forth in this Agreement. SSRUS acknowledges that the Services to be performed by Contractor pursuant to the terms of this Agreement are not exclusive to the SSRUS and that Contractor may represent, perform services for, and be employed by other clients, persons, or companies as Contractor in its sole judgment or discretion may determine.

Page 84 of 92 2.02 Services to be Performed. Contractor shall provide, at its sole cost, all vehicles, trailers, containers, tools, and equipment with competent workers necessary for the handling, transportation, unloading, and disposal of SSRUS’s Waste from the SSRUS’s wastewater treatment facility at such times as the SSRUS may request (the “Services”). Contractor with perform all Services required by this Agreement in a professional and workmanlike manner. Contractor acknowledges that SSRUS can elect to transport with its own vehicles and trailers none, some, or all of SSRUS’s Waste.

2.03 Method of Performing Services. Contractor will determine the procedures and means of performing the Services described herein. Contractor shall employ and direct all persons performing the Services under and pursuant to this Agreement and such persons shall be and remain the sole employees of, and subject to the control and direction of Contractor. The SSRUS shall not direct, control, or supervise Contractor’s employees in the performance of Services.

2.05 Minimum Services. Contractor will devote such time and resources as may be necessary to perform the Services and to otherwise comply with the terms of this Agreement. However, Contractor shall not be responsible for its failure to perform the Services required by the terms of this Agreement or be liable for any loss, cost or damages arising out of, or resulting from, any failure to perform in accordance with terms of this Agreement due to: (a) acts or omissions of the SSRUS, or (b) circumstances beyond Contractor’s reasonable control including, but not limited to, delays due to “force majeure”, which term shall include Acts of God, strikes, lockouts, or other industrial disturbances, war (whether declared or undeclared), shortages of labor or materials, blockades, insurrections, riots, governmental action, explosion, fire, floods, or any other cause of any kind whatsoever which is beyond the reasonable control of Contractor. “Force Majeure” shall not excuse or delay the SSRUS’s obligation to pay the compensation or any other amounts due under this Agreement.

2.06 Hours of Service. Contractor agrees to perform the Services described in this Agreement during SSRUS’s regular business hours or at times other than regular business hours with the SSRUS’s prior approval.

Article III Term

3.01 Term of Agreement. This Agreement shall be for a term of two years commencing effective on ______, 2019, and ending on ______, 20____ (the “Term”), unless otherwise earlier terminated pursuant to the provisions of this Agreement. SSRUS and Contractor shall have the right to extend the Term for one additional two-year period.

Page 85 of 92 Article IV Compensation

4.01 Compensation. SSRUS agrees that, for the performances of the Services provided by this Agreement, it will pay to Contractor:

$______per 20yd container transported and disposed of by Contractor;

and/or

$______per 30yd container;

and/or

$______per 40yd container.

Except as provided in Section 4.02 hereof, the schedule of compensation shall remain in full force and effect until canceled, changed, or altered by the mutual written consent of the Parties or terminated by operation of law.

4.02 Annual Adjustments to Compensation. The compensation payable under this Agreement shall be adjusted periodically during the Term on each annual anniversary date of this Agreement. On each such adjustment date, the amount of compensation shall be increased for the ensuing 1-year period by an amount equal to the proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers – United States City Average, United States Department of Labor, for the last month of the preceding 1-year term shall have increased over the same index in effect on the first day of the Term.

4.03 Statements. On or about the 1st day of each calendar month Contractor will submit an itemized statement to the SSRUS for Services rendered during the preceding calendar month. All payments due Contractor shall be made by the SSRUS not later than the 15th day of each calendar month for the Services rendered during the preceding calendar month, or more often if the Parties so agree.

4.04 Service Charge. Monthly statements not paid by the 15th day of the month as herein required shall bear interest at the rate of 10% per annum from such date until paid in full.

Article V Obligations of SSRUS

5.01 Cooperation. SSRUS agrees to fully cooperate with Contractor in its performance of the Services required by the terms of this Agreement and agrees to comply with all reasonable requests of Contractor necessary to the performance of its duties under this Agreement. 3

Page 86 of 92 5.02 Place of Work. SSRUS agrees to furnish Contractor adequate space on its premises for use by Contractor while performing Services under this Agreement. SSRUS’s premises and any unloading docks, platforms, or other facilities shall be free from any condition or defect that poses a danger to persons or property.

.03 Compliance with Legal Requirements. The SSRUS shall comply with all laws, rules, regulations, and ordinances of federal, state, county, and municipal governments applicable to the SSRUS or its operations. SSRUS shall deliver to Contractor only non-hazardous Waste materials that have been treated in accordance with all such governmental requirements and are appropriate for disposal as provided for and as contemplated by the terms of this Agreement.

Article VI Licenses and Permits; Laws and Governmental Regulations

6.01 Licenses and Permits. Contractor shall obtain, at its sole cost and expense, all licenses or permits necessary for the operation of its business and the performance of the Services required by the terms of this Agreement, and shall maintain the same in full force and effect during the Term of this Agreement.

6.02 Compliance with Legal Requirements. In the performance of the Services under and pursuant to this Agreement, Contractor shall comply with all laws, rules, regulations, and ordinances of federal, state, county, and municipal governments applicable to Contractor or its operations and the Services to be performed by Contractor under and pursuant to this Agreement; provided however, that Contractor shall have the right to contest the validity of any such legal requirements by appropriate administrative or judicial proceedings.

Article VII Handling of Waste

7.01 Transportation and Disposal of Waste. All Waste will be transported and disposed of by Contractor in strict accordance with all applicable laws, codes, statutes, ordinances, orders, rules, regulations, or standards of the United States of America, the State of Florida, and any state, county or municipality exercising jurisdiction over Contractor or its business operations, including, the Environmental Protection Agency Standards for the Use and Disposal of Sewage Sludge (40 CFR Part 503) and the Florida Department of Environmental Protection Standards for Treatment of Domestic Wastewater Residuals (F.A.C. 62-640). Upon request from SSRUS, Contractor will provide to SSRUS any and all documentation that SSRUS is required to submit to the Florida Department of Environmental Protection with its applications for wastewater treatment facility permits and permit renewals to demonstrate Contractor’s and Contractor’s disposal facility’s compliance with F.A.C. 62-640.

Page 87 of 92 Article VIII Insurance and Indemnity

8.01 Insurance. At all times during the term of this Agreement, Contractor will maintain insurance, and shall provide annually Certificates of Insurance demonstrating that the coverage is in effect, with the following coverage and limits:

 Commercial general liability insurance - $5,000,000 for each occurrence and $5,000,000 in the aggregate

 Pollution – 5,000,000

 Comprehensive automobile liability insurance - $1,000,000 combined single limit

 Workers Compensation insurance – Statutory limits

 Excess or Umbrella Liability - $1,000,000 for each occurrence and $1,000,000 in the aggregate

 E&O (Professional) - $1,000,000 for each occurrence and $1,000,000 in the aggregate

8.02 Indemnity of Contractor. Contractor shall not be liable for any loss, damage, or injury of any kind or character to any person or property arising from or caused by any defect or condition existing on SSRUS’s property or otherwise caused by or arising from any act or omission of the SSRUS, or any of its agents or employees. Contractor agrees to save harmless, indemnify, and defend the SSRUS and its agents, officers, and employees from any and all claims, losses, penalties, interests, demands, judgments and costs of suit, including reasonable attorneys’ fees and paralegals’ fees, for any expense, damage or liability incurred by any of them, whether for personal injury, death, property damage, direct or consequential damages, or economic loss, including environmental impairment, arising directly or indirectly on account of or in connection with the Services performed under this Agreement or by any person, firm or corporations to whom any portion of the Services are contracted or subcontracted by Contractor.

Article IX Termination of Agreement

9.01 Termination. This Agreement will terminate on the occurrence of the following events:

Page 88 of 92 9.01.01. Expiration of the Term of this Agreement.

9.01.02. Upon default by Contractor in the performance of the Service required by this Agreement or the material breach of any of its provisions (“Default”); provided, however, that Contractor shall have 30 days after receipt of written notice of a Default from the SSRUS within which to cure such Default, and if such Default cannot be cured with the 30 day period, Contractor shall have such additional time as is reasonably necessary in order to cure such Default so long as Contractor commences such cure within the 30 day period and diligently pursues the same to completion.

9.01.03. At the option of Contractor upon default of the SSRUS in payment of the compensation for Services as and when required by Article IV of this Agreement; provided, however, that the SSRUS shall have 10 days after receipt of written notice from Contractor that payment is overdue within which to make such payment.

9.01.04. Either party making an assignment for the benefit of creditors; commencing a case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution, or composition of it or its debts or seeking appointment of a receiver, trustee, custodian, or other similar official for it or for all or any substantial part of its property (collectively “Proceeding for Relief”); or become the subject of any proceeding for relief which is not dismissed within 60 days of its filing or entry.

9.01.05. Dissolution or winding up of the business and affairs of either party.

9.02. Survival of Rights, Etc. The termination of the Agreement as provided herein shall not be construed to impair, alter, or diminish any rights, claims, or remedies that either Party may have against the other arising out of the terms of this Agreement, or, otherwise, including, without limitation, Contractor’s right to payment for Services rendered to the date of such termination, and all such rights, claims, or remedies shall instead survive the termination of this Agreement and will be and remain unimpaired, unaltered, and undiminished after the termination of this Agreement.

Article X Miscellaneous Provisions

10.01 Relationship of Parties; Third Persons. Contractor is acting strictly as an independent contractor in the performance of the Services required by this Agreement and nothing contained in this Agreement shall be construed to create a partnership, joint venture, employer-employee, or similar relationship between the Parties, or impose upon either Party any rights enforceable by any person not a party to this Agreement.

Page 89 of 92 10.02 Estoppel Certificates. The SSRUS agrees, from time to time, within 10 days after request of Contractor, to execute and deliver to Contractor, or to Contractor’s designee, an estoppel certificate stating that: (i) this Agreement constitutes a legal, valid, and binding obligation of the SSRUS enforceable against the SSRUS in accordance with the terms, provisions, and conditions thereof; (ii) Contractor is in compliance with all of the terms, provisions, and conditions of the Agreement in all material respects, no default or event of default under the terms, provisions, or conditions of this Agreement has occurred or is continuing (or specifying in detail the nature of Contractor’s default); and there is no basis for termination of this Agreement by the SSRUS; (iii) there are no counterclaims, offsets, or defenses to payment under the terms of this Agreement from any default, termination, rescission, cancellation, or avoidance, whether by the terms thereof, operation of law or otherwise; and (iv) such other matters relating to this Agreement as may be reasonably requested by Contractor, provided however, if any of the statements are not true at the date of the request, SSRUS shall not be obligated to furnish same or may qualify such statements. The SSRUS’s obligation to furnish each estoppel certificate in a timely fashion is a material inducement for Contractor’s execution of this Agreement, subject to the above provisions. No cure or grace period provided in this Agreement shall apply to the SSRUS’s obligation to timely deliver an estoppel certificate within 10 days after receipt of Contractor’s written request.

10.03 Notices. All notices or demands to be given under this Agreement by either Party to the other must be effected in writing and may be delivered by personal delivery or by registered or certified mail, with postage prepaid and return receipt requested. Notices shall be addressed to each Party at the address appearing in the introductory paragraph of this Agreement. However, each Party may change the address for receipt of notice by giving written notice in accordance with this section. Notices delivered personally will be deemed received at the time of delivery. Mailed notices will be deemed received 3 days after mailing.

10.04 Non-Waiver of Provisions. No provision of this Agreement shall be deemed to have been waived, unless the waiver is in writing and signed by the Party against whom enforcement is sought. The acceptance of delinquent compensation hereunder by Contractor shall not be deemed a waiver of any succeeding or preceding breach of any obligation hereunder by the SSRUS other than failure to pay the particular compensation so accepted.

10.05 Severability. Each and every agreement contained in this Agreement is, and shall be construed as, a separate and independent agreement. If any term of condition of this Agreement or the application thereof to any person or circumstances shall be invalid or unenforceable, the remaining terms and conditions contained in this Agreement shall not be affected.

10.06 Headings. Article and Section heading in this Agreement are included for the convenience of reference only and shall not be constitute a part hereof and shall

Page 90 of 92 not be used to construe, interpret, define, or otherwise affect the terms of this Agreement.

10.07 Governing Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the state of Florida.

10.08 Entire Agreement Amendments. This Agreement and any exhibits or schedules attached hereto set forth the entire Agreement between the Parties and cancel all prior negotiations, arrangements, agreements, and understandings, if any, between the Parties regarding the subject matter of this Agreement, it being acknowledged that such negotiations, arrangements, agreements, and understandings have been fully incorporated herein and this Agreement is a full and final integration of the agreement of the Parties hereto including all such prior negotiations, arrangements, agreements, and understandings. No amendment of modification of this Agreement shall be binding or valid unless expressed in writing executed by both Parties hereto.

10.09 Benefits of Agreement. All the terms and provisions of this Agreement shall be binding upon, shall insure to the benefit of, and shall be enforceable by the SSRUS and Contractor, and their respective successors and assigns, except as otherwise provided in this Agreement. Nothing in this Agreement shall be construed to prevent either Party’s use of bankruptcy, extra-judicial action such as set-off, receivership, injunction, or any other pre-judgments remedy or action.

10.10 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written:

[Contractor]

Signature: ______

Printed Name: ______

Title: ______

Date: ______

City of Gulf Breeze, Florida, a Florida municipal corporation, as the owner of the South Santa Rosa Utility System

Page 91 of 92 Signature: ______

Printed Name: Cherry Fitch

Title: Mayor

Date: June ____, 2018

Attest: ______City Clerk

CITY ATTORNEY’S OFFICE Approved as to form and legality By: ______

Page 92 of 92