1

City of Dunnellon Office of City Clerk 20750 River Drive Dunnellon, Fl. 34431 352-465-8500

Memo To: Lisa Algiere, City Manager

From: Dawn M. Bowne, M.M.C, City Clerk

CC: City Council

Date: August 6, 2012

Re: Employee Insurance Benefits

As you are aware my department has been working with William of Combined Insurance Services to solicit proposals for employee insurance benefits. Mandy and I are meeting with William this afternoon to review the proposals and will have a spreadsheet of those results as soon as possible. It might be Wednesday before we can finalize the backup information. It is very important that we review these results Wednesday during the workshop in order to make a decision during the Monday Council meeting in time for employee open enrollment.

MEMORANDUM TO: Mayor and City Council FROM: Lisa Algiere, City Manager DATE: August 8, 2012 RE: Purchase approval I am requesting approval for purchase of the budgeted item listed below: Communications Department

Vendor: Sanforce Items: Maintenance Agreement for Headend Equipment Amount: $4,244.77 Procurement: Sole Source Background: Request to increase Purchase Order #234 due to

price increase. The maintenance agreement is for the Cisco Core Router originally approved by Council on 7/23/12. Total amount of purchase is $25,500

City of Dunnellon20750 River Drive

Dunnellon, Florida 34431(352) 465-8500

(352) 465-8505 faxwww.dtmnellon.org

hhorne(~dunneIIon.orgirehberg@dunnellon.org

Memo

Lisa,

Lisa Algiere, City Manager /Harold Home, Community Development DirectorJuly 20, 2012Florida Municipal Services, Inc. Contract RenewalISO ReportRenewal Request

Florida Municipal Services has requested a two year renewal of the contract for building inspectionservices. Florida Municipal Services’ performance during the past two years has been outstanding.This is con±1m~ied by the recent “Building Code Enforcement Evaluation Report” the city received from

Staff recommends that the contract be renewed as requested.

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July 19, 2012

Mr. Harold HomeDirector of Community DevelopmentCity of Dunnellon20750 River DriveDunnellon, FL 34431

Re: Contract Renewal, Building Department Services

Dear Mr. Home:

Please consider this a request from Florida Municipal Services, lnc~, to renew thecontract for Building Department Services for a two-year period beginning July 23,2012, or as soon thereafter as a vote might be taken by City Council.

The contract terms will be the same as those in the contract signed by the City ofDunnellon and Florida Municipal Services, lnc., on May 20, 2010, with fees to remainthe same as those in Schedule A of Resolution #RES2O1 1-05, effective October 24,2011.

If there is anything regarding this request you would like to discuss, please contact meat 352-628-7904.

Regards,

Brenda J. Brown, PresidentFlorida Municipal Services, Inc.

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1rc~4t’i ~ ~ Scrvicc~ ~rt~ ~i~to~i~

6171 S. Royal Drive Homosassa, FL 34448 352-628-7904 (office) 352-628-7758 (fax)

~LOC PA MPP.IOeAL ~tR’~iO~S NC.

CONTRACT FOR PROFESSIONAL SERVICES

THiS AGREEMENT made and entered into this 2Othda~y,,,2O1C, by and between THE CITY OFDUNNELLON FLORIDA, a Florida Municipa Corporat~on, hereinafter refermd to as ~C~TY” and FLORIDAMUNICIPAL SERVICES, INC.. a Flonda corporation, heremafter referred to as “CONTRACTOR.

WITNESSETH

WHEREAS, the CITY rs a Florida Muricipal Corporaton having a responsibility to provide cei~ainservices to be’~efit tts citizens. and

WHEREAS, CDN”RACTOR ‘s in the business pL providing certified pro’essionals to nerform BuildingCode Adminstrat:cn, P~ans Examination and Oo~e Compliance Inspections on an as~needed basis for the CITYand elsewhere ,n the Stale of Florida; and

NOW THEREFORE n consideration of the premises. and in consideration of the mutual conditions,covenants a~d obligations herea~er expressed. i is agreed as follows.

Recitals. THAT the forego~ng rec~tals are true and co”rect and constitjt~ a ma~eria inducemert to theparties to enter nto this Agreement.

2. Specific Provisions. THAT the parties hereby agree to the following specific provisions;

a. Description of Work. The CONTRACTOR shall be responsible ~or providing ~he servicesdescribed in the Scope of Serv:ces, which ~s attached hereto as Exiibit “A” and ncorporatedherein by reference. Unless snecifically excluded the CONTRACTOR shail provide all permits.labor, materials, equipment and superv:sron necessary icr toe completion of the work describedherein, Any conflict between the terms and cond tions in the body of this Agreement and trieterms and conditions set forth in Exhibit ‘A’ shall be resolved in favor of the body of thisAgreement

b Outstanding Inspections. It is unde~stood tnat CONTRACTOR wrl: provide services for alloutstanding inspections at no cost to Ihe CITY. In separate agreement. CONTRACTOR willinvoice NOVA Engineering and Environmental for all outstanding inspecttons as described inExhibit “B”.

c. Payment. In cors~deration of the performance of this Agreement. the CITY ~rg’ees to payCONTRACTOR or ail permtts issued at the rate or oasis described in Exhibt “A ‘ which isattached hereto and incorporated herein by reference,

d. Commencement and Completion. The CONTRACTOR will be required to commence workunder this Agreement May 20, 2010. and to continue to provide services for the duration of thisAgreement. This Agreement shall be for a period of two years 2 from the date hereof CITYshal’ have The option to renew this Agreement or Iwo (2) addrt.onal one~year periods per Theterms delineaThd in Exhibt A w~tb ail ‘other terms anu conditions to reman in eftect,

e. Termination.

Termination at Will; This Agreement may be terminated by the CITY or CONTRACTORat any time without cause by g’ving written notice not less than 30 days by the CITYa~d 60 days by the CONTRACTOR, prior to the date Or terminaton; provided mat thisOrov~sion shall re’ieve either oarry from its obiigations of this Agreement through thedate of the actual termination, At the time of termination, collected and uncollectedpermit lees shall be proportionally paid to the contractor as provided herein for servicesrendered through the date of termination, Said notice shall be delivered by certifiedmail, return receipt requested, or ;n person with proof of delivery.

Page 1 of 7

FLORIDA MUNICIPAL SERVICEs, INC.

Project management. The Project Manager for the CONTRACTOR shall be: Waiter Brown,FLORIDA MUNICIPAL SERVICES, INC., Building Official, (or his successor). The ProjectManager for the CITY shall be Harold Home, Director of Community Development (or hissuccessor).

g. Notices. All notices to the parties under this Agreement shall be in writing and sent certifiedmail to:

i. CITY: The City of DunnellonAttn: Harold HomeDir. of Community Development20750 River DriveDunnellon, Florida 34431

CONTRACTORS: Florida Municipal Services, Inc.Atm: Brenda J. Brown, Pres.6171 S. Royal DriveHomosassa, Florida 34448

Insurance.

The CONTRACTOR agrees to maintain such insurance as will fully protect both theCONTRACTOR and the CITY from any and all claims under any WorkersCompensation Act or Employers Liability Laws, and from any and all other claims ofwhatsoever kind or nature, made by anyone whomsoever, that may arise fromoperations carried on under this Agreement, either by the CONTRACTOR, anysubcontractor, or by anyone directly or indirectly engaged or employed by either ofthem.

ii. The insurance required by the terms of this Agreement shall in no event be less than:(a) Workers’ Compensation (unless exempt) with Employers’ Liability with a limit of$100,000.00 each accident, $100,000.00 each employee, $500,000.00 policy limit fordisease: (b) Commercial General Liability (CGL) insurance with a limit of not less than$1,000,000.00 each occurrence; if such CGL insurance contains a general aggregatelimit, it shall apply separately to this project in the amount of $600,000.00; CGLinsurance shall be written on an occurrence form and shall include bodily injury andproperty damage liability for premises, operations, independent contractors, productsand completed operations, contractual liability, broad form property damage andproperty damage resulting from explosion, collapse or underground exposures,personal injury and advertising injury: fire damage liability shall be included at$100,000.00.

iii. The CONTRACTOR shall furnish the CITY with copies of endorsements, which are tobe signed by a personal authorized by that insurer to bind coverage on its behalf. TheCITY is to be specifically included as an additional insured or loss payee on all policiesexcept Workers’ Compensation. In the event the insurance coverage expires prior tothe completion of the project, a renewal certificate shall be issued 30 days prior to saidexpiration date. The policy shall provide a 30 day notification clause in the event ofcancellation or modification to the policy. All endorsements must be on file with andapproved by the CITY before commencement of any work activities.

3. General Provisions. THAT the parties hereby agree to the following general provisions:

a. Representations of the Contractor. The CONTRACTOR represents that is has sufficientmanpower and technical expertise to perform the services contemplated by this Agreement in atimely and professional manner consistent with the standards of the industry in which the

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FLORIDA MUNICIPAL SERVICES, INC.CONTRACTOR operates, and that all technical personnel have State of Florida certificationwithin their discipline(s).

b. Representations of the CITY. The CITY represents that it is duly organized and existing as aMunicipal Corporation political subdivision of the State of Florida. Further, the CITY has the fullpower and authority to enter into the transactions contemplated by this Agreement and has theownership and/or control over the property which is the subject of this Agreement or which shallbe serviced thereby.

c. Personal nature of Agreement. The CONTRACTOR hereby warrants that it has thenecessary technical expertise and training to perform its duties as outlined in this Agreement.The parties acknowledge that the CITY places great reliance and emphasis upon theknowledge, expertise and personal abilities of the CONTRACTOR. Accordingly, this Agreementis personal and the CONTRACTOR shall not assign or delegate any rights or duties hereunderwithout the specific written consent of the CITY. In the event the CONTRACTOR requires theservices of any subcontractor or professional associate in connection with the work to beperformed under this Agreement, the CONTRACTOR shall obtain the written approval of theCITY Project Manager prior to engaging such subcontractor or professional associate.

d. Independent contractor.

It is specifically agreed that the CONTRACTOR is deemed to be an independentcontractor and not a servant, employee, joint adventurer or partner of the CITY for thepurposes set forth in this subsection and it is further agreed that no agent, employee, orservant of the CONTRACTOR shall be deemed to be the agent, employee, or servantof the CITY. Accordingly, none of the benefits, if any, provided by the CITY to itsemployees, including but not limited to compensation insurance and unemploymentinsurance are available from the CITY to the employees, agents or servants of theCONTRACTOR. The CONTRACTOR will be solely and entirely responsible for its actsand for the acts of its agents, employees, servants and subcontractors during theperformance of this Agreement; the CONTRACTOR shall not be deemed to be anagent of the CITY pursuant to Florida Statute 468.619(5). Although the CONTRACTORis an independent contractor, the work contemplated herein must meet the approval ofthe CITY and shall be subject to the CITY’s general right of inspection to secure thesatisfactory completion thereof. The CONTRACTOR agrees to comply with all Federal,State and municipal laws, rules and regulations that are now or may in the futurebecome applicable to the CONTRACTOR, the CONTRACTOR’s business, equipmentor personnel engaged in operations covered by this Agreement or accruing out of theperformance of such operations. The CITY will not be held responsible for the collectionof or the payment of taxes or contributions of any nature on behalf of theCONTRACTOR.

ii. The CONTRACTOR agrees that it shall bear the responsibility for verifying theemployment status, under the Immigration Reform and Control Act of 1986, of allpersons it employs in the performance of this Agreement.

e. i. Acceptance of work product, payment and warranty. Upon receipt of a periodicwork product, together with an invoice sufficiently itemized to permit audit, the CITY willdiligently review same. Payment, found to be due the CONTRACTOR, will be paid to theCONTRACTOR within fifteen (15) days after the date of receipt of the invoice. TheCONTRACTOR warrants that the data utilized by the CONTRACTOR (other than as providedby the CITY) is from a source, and collected using methodologies, which are generallyrecognized in the CONTRACTOR’s industry or profession to be a reliable basis and foundationfor the CONTRACTOR’s work product. The CONTRACTOR shall notify the CITY in writingshould it appear, in the CONTRACTOR’s professional judgment that the data or informationprovided by the CITY for use in the CONTRACTOR’s work product is incomplete, defective orunreliable. The CONTRACTOR guarantees to amend, revise or correct to the satisfaction of theCITY any error appearing in the work as a result of the CONTRACTOR’s failure to comply withthe warranties and representations contained herein. Neither inspection nor payment, including

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FLORIDA MUNICiPAL SERVICES, INC.final payment by the CITY shall relieve the CONTRACTOR from its obligations to do andcomplete the work product in accordance with this Agreement.

f. Public records. All records prepared or maintained by the CONTRACTOR in accordance withthe Scope of Services (Exhibit “A’), shall be deemed to be public records. The CONTRACTORshall allow public access to such documents and materials in accordance with the provisions ofChapter 119, Florida Statutes. Should the CONTRACTOR assert any exemptions to therequirements of Chapter 119 and related statutes, the burden of establishing such exemption,by way of injunctive or other relief as provided by law, shall be upon the CONTRACTOR. TheCITY reserves the right to unilaterally cancel this Agreement for refusal by the CONTRACTORto allow public access to all such documents, subject to the Provisions of Chapter 1 19, FloridaStatutes, and made or received by the CONTRACTOR in conjunction with this Agreement. Alldocuments hereinabove referred to shall be maintained and kept for public inspection at theDunnellon City Hall.

4. Miscellaneous Provisions, the parties hereby agree to the following miscellaneous provisions:

a. Discrimination. That the CONTRACTOR shall assure that no person shall be excluded, on thegrounds of race, color, creed, national origin, handicap, age or sex, from participation in, deniedthe benefits of, or be otherwise subjected to discrimination in any activity under this Agreement.The CONTRACTOR shall take all measures necessary to effectuate these assurances.

b. Severability. That, should any term or provision of this Agreement be held, to any extent,invalid or unenforceable, as against any person, entity or circumstance during the term hereof,by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shallnot affect any other term or provision of this Agreement, to the extent that the Agreement shallremain operable, enforceable and in full force and effect to the extent permitted by law.

c. Entire Agreement. That this Agreement states the entire understanding between the partiesand supersedes any written or oral representations, statements, negotiations or agreements tothe contrary. CONTRACTOR recognizes that any representations, statements or negotiationsmade by the CITY staff do not suffice to legally bind the CITY in a contractual relationshipunless they have been reduced to writing, authorized and signed by the authorized CITYrepresentatives.

d. Construction. Should any provision of this Agreement be subject to judicial interpretation, it isagreed that the court interpreting or considering such provision will not apply the presumption orrule of construction that the terms of this Agreement be more strictly construed against the partywhich itself or through its counsel or other agent prepared the same, as all parties hereto haveparticipated in the preparation of the final form of this Agreement through review by theirrespective counsel, if any, and/or the negotiation of specific language and therefore theapplication of such presumption or rule of construction would be inappropriate and contrary tothe intent of the parties.

e. Attorney’s Fees. In the event of any litigation to enforce the terms of this Agreement, theprevailing party shall be entitled to reasonable attorney’s fees and costs which are directlyattributed to such litigation both at the trial and appellate level.

f. Waiver. The indulgence of either party with regard to any breach or failure to perform anyprovision of this Agreement shall not be deemed to constitute a waiver of the provision or anyportion of this Agreement, either at the time the breach or failure occurs or at any timethroughout the term of this Agreement. The review of, approval of, or payment for any ofCONTRACTOR’s work product, services, or materials shall not be construed to operate as awaiver of any of the CITY’s rights under this Agreement, or of any cause of action the CITY mayhave arising out of the performance of this Agreement.

g. Force Majeure. Notwithstanding any provisions of this Agreement to the contrary, the partiesshall not be held liable if failure or delay in the performance of this Agreement arises from fires,floods, strikes, embargos, acts of the public enemy, unusually severe weather, outbreak of war,

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FLORIDA MUNICIPAL SERVICES, INC.restraint of government, riots, civil commotion, force majeure, act of God, or for any other causeof the same character which is unavoidable through the exercise of due care and beyond thecontrol of the parties. This provision shall not apply if the “Scope of Work” of this Agreementspecifies that performance by the CONTRACTOR is specifically required during the occurrenceof any of the events herein mentioned.

h. Headings. All headings are for clarification only and are not to be used in any judicialconstruction of this Agreement or any paragraph.

Binding Nature of Agreement. This Agreement shall be binding upon the successors andassigns of the parties hereto.

j. Law; Venue. This Agreement is being executed in the City of Dunneilon, Florida and shall begoverned in accordance with the laws of the State of Florida. Marion County, Florida shall bethe venue of any action thereon.

k. indemnification. The CONTRACTOR agrees to indemnify and hold harmless the CITY fromany and all claims, demands, losses, causes of action, damage, lawsuits, judgments, includingattorney’s fees and costs, but only to the extend caused by, arising out of, or relating to the workof CONTRACTOR.

IN WITNESS WHEREOF, the parties hereto have signed and sealed this agreement on the day anddate first written above.

By: ______________

MAYOR

APPROVED AS TO FORM AND CONTENT FORTHE RELIANCE OF THE IT OF DUNNELLON

CITY 0 EY

FLORIDA MUNICIPAL SERVICES, INC.

By.___

President

CITY C~UNClL

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FLORIDA MUNICIPAL SERVICES, INC.

EXHIBIT A

SCOPE OF SERVICES

Provide in accordance with the requirements set forth in Chapter~468 Florida Statutes certified Building Official,Plans Examiner(s) and Inspector(s), to perform mandatory building code administration, plan reviews andinspections associated with any of the general building, structural, mechanical, electrical and plumbing buildingcomponents on behalf of the City of Dunnellon as their agent so as to reasonably assure compliance with theFlorida Building code, local administrative and technical amendments, in accordance with the following:

CONTRACTOR will provide these services based on an 80/20 split of all permit revenues collected bythe CITY, with 20 percent to be retained by the CITY and 80 percent to be retained by theCONTRACTOR.

Such fees will be payable as follows:

• For permits with tees $1 ,000 or less: invoice will be 80% of permit fee billable in the month inwhich the permit is issued.

• For permits with fees in excess of $1 ,000: invoice will be:o 1/3 of 80% of permit fee in month of issueo 1/3 of 80% of permit fee in month in which rough-in inspections are completedo 1/3 of 80% of permit fee in month in which completion of project is reached

The Permit Fee Schedule currently in effect in the CITY shall be applicable to this agreement.

CONTRACTOR may provide other services as required, which may include: review and investigation ofviolations of building codes, and assessment of damage after a natural disaster. The rate ofcompensation for those other services not related to a permit will be billed at an hourly rate of fiftydollars ($50).

Personnel will be provided as needed and during mutually agreed upon times to maintain office hours for theCITY’s Building Department. Additionally, CONTRACTOR’s personnel will be available to the CITY via cellphone during all normal business hours, at a minimum from 8 a.m. to 5 p.m. during the work week, andeffectively 24 hours per day, 7 days per week.

Specifically included in CONTRACTOR’s stipulated fees will be all wages, payroll burden, employee benefits,vehicles, fuel, and workers compensation, liability and automobile insurance associated with the requiredtechnical personnel.

Specifically excluded and to be provided by the CITY will be all office facilities and consumables, utilities,badges/ID’s, office telephone, and copier/fax.

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ASSIGNMENT OF CONTRACT

BACKGROUND

ASSIGNOR is a party to the Professional Services Agreement to provide Municipal BuildingDepartment Services to the City of Dunnellon, Florida, dated July 5, 2006 (the ProfessionalServices Agreement), by and among Assignor, NOVA Engineering and Environmental LLC(NOVA), formerly CAPRI Engineering LLC. Assignor desires to assign all of its rights,obligations, contract liabilities and duties under the Professional Services Agreement to Assigneeand Assignee desires to assume all of such rights, obligations contract liabilities and duties.

ASSIGNMENT AGREEMENT, dated as of May 12, 2010 (this “Agreement”), by and betweenNOVA Engineering and Environmental LLC, a Delaware Limited Liability Company (“Assignor”)and Florida Municipal Services, Inc., a Florida corporation (“Assignee”). The Assignor wanantsand represents that said contract is in full force and effect and is fully assignable.

The Assignee agrees to perform all the remaining and executory obligations of the Assignor under theProfessional Services Agreement with the City of Dunndllon in regards to the~ Building DepartmentServices and agrees to indemnify and bold the Assignor harmless from any claim or demand resultingfrom non-performance by the Assignee.

The fees collected by NOVA from the City of Dunnellon for pexnhits for which there areoutstanding inspections will be prorated and billed by Florida Municipal Services to NOVA so as tocover the remaining inspections required by the Florida Building Code and State Statutes. Suchfees will be determined by the assignor based upon outstanding inspections anticipated. Such willhe determined within 10 business days of execution of this agreement and no additionalcompensation will be made by Assignor after payment to assignee for said services.

The Assignee shall be entitled to all money remaining to be paid under the contract, which rightsare also assigned hereunder.

The Assignor warrants that the contract is without modification, and remains on the termscontained, but makes no guarantees that the City of Dunnellon will allow assignment of saidcontract. Assignor will however assist Assignee in obtaining permission from the City ofDunnellon to assign the contract, if such can be obtained.

The Assignor further warrants that it has fail right and authority to transfer said contract and that thecontract rights herein transferred are free of lien, encumbrance or adverse claim, except as statedherein. The Assignee warrants that it has the resources, licenses, capability and other businessnecessities to properly service and execute the said contract without limitation.

This assignment shall be binding upon and inure to the benefit of the parties, their successors andassigns.

~

Assignee: B J. Brown, President A . Bryan .1. Morrison, Vice entFlorida Municipal Services, Inc. N A Engineering and Environmental, LLC

May 25, 2010

Marsha Segal-GeorgeFowler & O’Quinn, P.A.Empire Building28 W. Central Blvd. 4th FloorOrlando, Florida 32801

CITY OF DUNNELLON20750 RIVER DRIVE

DUNNELLON, FLORIDA 34431(352) 465-8500

Fax (352) 465-8505

Re: Agreement 2010-30, Florida Municipal Services

Dear Marsha:

Please sign the enclosed original and return the same in the self addressed stamped envelopeprovided.

If you have any questions, please give me a call at (352) 465-8500.

Enclosures

POLICE DEPARTMENT(352) 465-8510

FAX (352) 465-8509

FIRE DEPARTMENT(352) 465-8595

FAX (352) 465-8594

PUBLIC SERVICES(352) 465-8590

FAX (352) 465-8591

COMMUNITY DEVELOPMENT(352) 465-8503

FAX (352) 465-8505

Assistant City Clerk

RESOLUTION #RES2O11-05

A RESOLUTION OF THE CITY OF DUNNELLON, FLORIDARESCINDING RESOLUTIONS 2005-01, 2005-21, 2009-18 AND 2002-18IN THEIR ENTIRETY AND RE-ESTABLISHING BUILDINGPERMIT FEES; SITE PLAN FEES, ZONING PERMIT FEES, FIREINSPECTION FEES, FIRE PLAN REVIEW FEES AND OTHERMISCELLANEOUS FEES; PROVIDING FOR SEVERABILITY;PROVIDING FOR THE REPEAL OF CONFLICTINGRESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Dunnellon, Florida is authorized to establish a feeschedule for building permits and related activities; and

WHEREAS, the City of Dunnellon has certain Class ‘C’ Mercantile businesses who either leaseor sublease a room or portion of a room and who are required to receive one annual inspectionprovided that the floor plan does not change; and

WHEREAS, the City Council of the City of Dunnellon has determined that it is necessary torevise these fee schedules; and

WHEREAS, the City Council of the City of Dunnellon has the authority to establish certainfees by Resolution; and

NOW, THEREFORE, be it resolved by the City Council of the City of Dunnellon, Florida, insession duly and regularly held this 24th day of October, 2011, that:

1) Resolution Number 2005-0 1 is rescinded in its entirety and that the fees listed in Schedule‘A’ attached are hereby established.

2) Resolution Number 2005-2 1 is rescinded in its entirety and that the fees listed in Schedule‘A’ attached are hereby established.

3) Resolution Number 2009-18 is rescinded in its entirety and that the fees listed in Schedule‘A’ attached are hereby established.

4) Resolution Number 2002-18 is rescinded in its entirety and that the fees listed in Schedule‘A’ attached are hereby established.

5) The City may provide personnel during Special Events or parades for public safety.

6) The City Manager is hereby authorized to waive the permit fee if a hardship is proven.

7) The City Manager is further authorized to charge an additional fee to events and parades inan amount not to exceed the costs incurred by the City.

Section 1: Severability. If any portion of the Resolution shall be declared unconstitutional or ifthe applicability of this Resolution or any portion thereof to any person or circumstances shall beheld invalid, the validity of the remainder of this Resolution and the applicability of thisResolution, or any portion thereof to other persons or circumstances, shall not be affectedthereby.

Section 2: Conflicts. That all resolutions and parts of resolution in conflict with this resolutionare hereby repealed.

Section 3: Effective Date. This Resolution shall become effective upon adoption.

Upon motion duly made and carried, the foregoing Resolution was accepted by the City Councilof the City of Dunnellon this 24th day of October, 2011.

ATTEST: CITY OF DUNNELLON, FLORIDA

DAWN M. BOWNE, M.M.C. FRED R. WARD, MAYORCITY CLERK

Approved as to form and legality:

MARSHA SEGAL-GEORGEFOWLER & OQUINN, P.A.28 WEST CENTRAL BOULEVARDSUITE 400ORLANDO, FLORIDA 32801

SCHEDULE ‘A’CITY OF DUNNELLON

Building Fee Schedule

All new construction, alterations, remodeling, renovations, etc., requiring a building permit shall pay feesas follows, subject to a minimum fee requirement of $120.00:

A. Standard Construction Residential Construction: 1% of construction costsCommercial Construction: 1.5% of construction costs**Estimated permit fees over $1,000.00 value subject to 25%permit fees due at time of submittal. Non-refundable

B. Plan Review $25.00 First two (2) hours$15.00 each additional hour

C. Mobile Homes 1% cost of home plus separate permits for trades

D. Lawn Irrigation & Fence only $100.00 flat fee

E. Demolition Permits 1% of contract amount or $100.00 per thousand squarefeet, whichever is greater

F. Administration Fee $50.00

II. Fees for re-inspection, re-permitting, time extensions, and miscellaneous fees shall be as follows:

A. A re-inspection fee of $50.00 shall be charged for all re-inspections that result from the work on aCorrective Action Notice not being completed, inspection called for before the work is done, andother re-inspections. If further re-inspections are required for the same Corrective Action Notice, thefees shall be: $75.00 for the second re-inspection; $150.00 for each subsequent re-inspection. All reinspection fees shall be paid prior to re-inspection.

B. Re-permitting fees shall be the full permit fee, except for projects lacking only a fmal inspection; saidfee shall be $120.00.

C. Extensions: $50.00** (two maximum, up to 90 days each)**Applicaüon must be made p~jp~ to permit expiration date.

D. Revision to approved plans: $75.00 plus $0.25 per square foot of revised area

E. Replacement permit inspection card: $25.00

F. Certification of additional plans: $75.00 per set

G. Occupational Inspection— Change of $75.00Type Occupancy:

H. Change of Contractor: $50.00

I. Certificate of Occupancy: $50.00

III. Other permits not listed above: Standard Construction fees apply

IV. Afler the fact permits:

Planning Fees:

Double permit fees

A. Voluntary AnnexationB. Re-ZoningC. Small Scale Comp. Plan Amendment (~ 10 acres)D. Large Scale Comp. Plan Amendment (> 10 acres)E. VarianceF. Special Exception UseG. Vacation of PlatH. AbrogationI. Concurrency ApplicationJ. Developer’s AgreementK. Amendment to Developer’s AgreementL. SitePlan

i. First 10,000 square feetii. Each additional 10,000 square feet or

portion thereofM. Minor Site Plan (improvements to existing site)N. Subdivisions

i. Pre-Conceptual Planii. Preliminary Plat

• First 15 lots• 16 lots or more• Plus — per lot or parcel

iii. Improvement (Construction) Plan Review• Plus — per 100 feet of roadway

iv. Final Plat• First 15 lots• 16 lots or more• Plus — per lot or parcel

v. PUD (Required if Site Plan Approvalwas not part of the PUD Comp. PlanAmendment

0. Admin. Appeal to the City CouncilP. D.R.I.Q. Written Zoning VerificationR. Administration Permit FeeS. Contractor Registration

$500.00$500.00$1,200.00$2,500.00$500.00$750.00$750.00$750.00$1,000.00$6,000.00$3,000.00

$250.00$150.00 (inaximnum $2,500.00)

$500.00

$300.00

$250.00$500.00$25.00$600.00$30.00

$250.00$500.00$25.00$2,500.00

$250.00$15,500.00$50.00$50.00$20.00

Fees Are Due Upon Submittal And Are Non-Refundable, Unless The Application Is Withdrawn In Writing,Within Five (5) Business Days Of Submittal (Not Including City-Observed Holidays), Unless OtherwiseApproved By The City Manager Or By Majority Vote Of The City Council.

Zoning Fees:

A. Change of Occupant/Occupancyi. Fire Code Inspection

a) Less than or equal to 1,000 sq. ft. $65.00b) 1,001 - 3,000 sq. ft. $85.00c) 3,001 or greater sq. ft. $100.00 + $0.01 per sq. ft.

ii. Building Code Inspection $75.00iii. Water Department Grease Trap Insp.* $30.00iv. Water Department Backflow Valve Insp.* $30.00

B. Annual Fire Inspectioni. Fire Code Inspection

a) Less than or equal to 1,000 sq. ft. $65.00b) 1,001 - 3,000 sq. ft. $85.00c) 3,001 or greater sq. ft. $100.00 + $0.01 per sq. ft.

C. Daily Use (Seasonal 30 day term or Annual 365 day term)i. Permit Fee $100.00i. Fire Code Inspection

a) Less than or equal to 1,000 sq. ft. $65.00b) 1,001 - 3,000 sq. ft. $85.00c) 3,001 or greater sq. ft. $100.00 + $0.01 per sq. ft.

iii. Tent Permit Fee $100.00iv. Sign $100.00

D. Home Occupation** $100.00

E. Not For Profit Funds Solicitation Permit $0.00

F. Public Use $100.00i. Refundable Trash Deposit $300.00

G. Right of Way $100.00

H. Sign $100.00

I. Special Eventi. Permit Fee $100.00ii. Tent $100.00iii. Refundable Trash Deposit $300.00iv. Special Event Vendor Permit $30.00

J. Certificate of Appropriateness $100.00

K. Tent / Inflatable for use with another Zoning Permit $100.00i. Fire Code Inspection

a) Less than or equal to 1,000 sq. ft. $65.00b) 1,001 - 3,000 sq. ft. $85.00c) 3,001 or greater sq. ft. $100.00 + $0.01 per sq. ft.

ii. Refundable Trash Deposit $300.00

L. Tent / Inflatable — Stand Alone Permit $100.00i. Fire Code Inspection

a) Less than or equal to 1,000 sq. ft. $65.00b) 1,001 - 3,000 sq. ft. $85.00c) 3,001 or greater sq. ft. $100.00 + $0.01 per sq. ft.

ii. Refundable Trash Deposit $300.00

M. Lien Search $50.00 first 2 hours due upon submittal$25.00 each additional hour or part thereof

N. After the Fact Permit (Failure to Comply) Double Permit Fee

0. Administrative Fee $50.00

*In accordance with and subject to separate City of Dunnellon Utility Fee Resolution**Upon adoption of City of Dunnellon Ordinance #ORD2O11-11

Fire Department Fees:

A. Fire safety inspection for facilities 1,000 sq. ft. or lessnot to exceed two (2) hours inspection time $65.00

B. Fire safety inspection for facilities 1,001 — 3,000sq. ft.not to exceed two (2) hours inspection time $85.00

C. Fire safety inspection for facilities greater than 3,001 sq. ft.not to exceed two (2) hours inspection time $100.00 + $0.01 per sq. ft.

D. Annual fire safety inspection feeProvided no changes have been made to size & floor plan $50.00(This includes Class ‘C’ Mercantile businesses who either lease orsublease a room or portion of a room and who pass an annual inspection)

E. Installation or removal of fuel storage tanks and dispensers:i. Initial tank or dispenser $85.00ii. Each additional tank or dispenser $35.00

F. Fire alarm inspection $85.00

G. Fire sprinkler system:i. Initial system riser $250.00ii. Each head $0.75

H. Fire extinguishing system (other than fire sprinklers):i. Initial system $85.00ii. Each head $10.00

I. Liquefied petroleum gas refilling $85.00

J. Flammable/Combustible liquids spray booth $85.00

K. Standpipe systems (wet/dry) $85.00

L. Cryogenic tanki. One (1) — three (3) tanks $85.00ii. Each additional tank $45.00

M. Storage of hazardous substancesi. One (1) — three (3) tanks $85.00ii. Each additional tank $55.00

N. Re-inspection fee for each additional trip where the previousinspection was ordered for information purposes only. Thisincludes phone consultations. All assessed re-inspection feesmust be paid prior to issuance of a Certificate of Occupancy $35.00

0. Complaint Response for Fire Inspectioni. Founded $100.00ii. Founded Serious $200.00iii. Repeat Complaints Triple original fee

Additional Fee Schedule For Class A and Class B Mercantile and Assembly Facilities:

A. A rate of twenty-five percent (25%) of the regular buildingpermit fees adopted by the City Council for new construction.This fee includes one consultation with the builder/architectand one final inspection prior to occupancy. $75.00 minimum

Additional consultations or inspectionsTwo (2) hour minimum - Plan review not included $35.00 per hour

Fee Schedule Plans Review:

A. Commercial plans reviewi. First two (2) hours $75.00ii. Each additional hour $35.00

Failure to comply with above fee schedule Double Permit Fees

All City of Dunnellon Permits/Fees Are Subject to Recovery of Costs Incurredwhich may include, but are not limited to: attorney costs, engineering costs, andadvertising costs.

All City of Dunnellon Permits/Fees are subject to an Administrative Fee as listed.

4~a~d-~ %re~o~~t ~Ij&~

DENISE A. LYN.\rroI~Nn S ANI) COUNSEl 055 5 lAW

June 1, 2012

Via Email On/v to hJ1roneL~dunneIlon.o,3ZHarold H. Home20750 River DriveDunnellon, FL 33431

RE: Special Magistrate Services/Contract Addendum

Dear Mr. Home:

Thank you for your correspondence of February 6, 2012. As you suggested, I haveprepared the attached addendum to Contract #2009-3 9 to include an allowance for payment ofattorney travel time to and from Special Magistrate hearings. The travel time is usually 20 to 30minutes depending on traffic. I would appreciate City Council considering such payment.Fortunately Dunnellon has had little code enforcement activity since entering into the contractand Special Magistrate hearings usually last one half hour or less.

If Council desires, I will appear at the meeting during which this matter is considered todiscuss the matter with Council. Please advise of the date and time of such consideration if an inperson appearance is desired. If you have any questions or comments regarding this matter,please feel free to contact me.

Sincerely,

Denise A. Dymond Lyn

DADL: sjdEncs.Cc: Marsha Segal-George via email marrha(~fo~claw corn

307 N. Apopka Ave., Inverness, FL 34450• Telephone (352) 726-9400 • Facsimile (352) 726-9441 • cllyn@tampabay.rr.com

CITY OF DUNNELLON FLORIDA ADDENDUM TOSPECIAL MAGISTRATE CONTRACT #2009-39

This Addendum to Special Magistrate Contract #2009-30 is entered into by and between theCITY OF DUNNELLON, MARION COITNTY, FLORIDA, a municipal corporation dulyorganized under the laws of the State of Florida, by and through its duly authorizedrepresentative, (“City”), and DENISE A. DYMOND LYN, Esq., (“Attorney”).

WITNESSETII:

WHEREAS, the parties hereto have entered into the original Contract on October 21,2009; and,

WhEREAS, the original Contract did not provide for reimbursement of attorney time fortravel to and from Special Magistrate hearings; and,

WHEREAS, the parties have determined that it would be equitable to allow the Attorneyto be reimbursed for travel time.

NOW THEREFORE, in consideration of the mutual covenants and promises containedherein, Special Magistrate Contract #2009-3 9 shall be amended by the addition of the followingparagraph.

1. Paragraph 4 shall be added to the Contract immediately following paragraph 3 as follows:

4. Attorney may submit invoices for time spent travelling to and from Special Magistratehearings. Attorney will be reimbursed at the rate of one hundred seventy five dollars, ($175.00)per hour for travel time.

2. All other matters included within Special Magistrate Contract #2009-3 9 not addressed hereinshall remain in ff11 force, unchanged by this Addendum.

The CITY OF DUN1’~ELLON, MARION COUNTY, FLORIDA has caused thisAddendum to be executed on its behalf by A VOTE OF THE CITY COUNCIL ANDSIGNATURE OF THE MAYOR, and ATTORNEY has executed this Addendum, this day of

_______________ 2012.

CITY OF DUNNELLON

ATTEST: By: __________________________FRED WARD, Mayor

DAWN M. BOWNE, M.M.C., City Clerk

APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

MARSHA SEGAL-GEORGE City Attorney

ATTORNEY: DENISE A. DYMONI) LYN

c~(Dc1~ ~

CITY OF Dunnellon FloridaSPECIAL MAGISTRATE CONTRACT #2009-39

THIS AGREEMENT is made and entered into by and between

the CITY OF DtJNNELLQN, MARION COUNTY, FLORIDA, a municipal

corporation duly organized under the laws of the State of

Florida, by and through its duly authorized representative,

hereinafter referred to as “CITY”, and DENISE A. LYN, Esq.,

hereinafter referred to as “ATTORNEY.”

WITNESSETH:

WHEREAS, CITY desires to employ the services of

ATTORNEY as a Special Magistrate for the CITY OF DUNNELLON

pursuant to the terms of Chapter 2, Administration,

Division 2A, 2B and 2C, Code Enforcement;

NOW THEREFORE, in consideration of the mutual

covenants and promises contained herein, the CITY does

hereby employ the services of ATTORNEY as its SPECIAL

MAGISTRATE, under, and in accord with, the following terms

and conditions:

1. ATTORNEY shall serve as the City’s Special

Magistrate pursuant to Chapter 2, Administration, Division

2A,2B & 2C, Code Enforcement; Chapter 38, Law Enforcement,

Article II, Divisions 1 & 2; Chapter 65, Intersection

Safety, including, but not limited to, holding hearings,

reviewing memoranda, drafting orders and such other

services as are appropriate to implement the

responsibilities of a Special Magistrate.

2. In consideration of services to be rendered by

ATTORNEY as Special Magistrate, the CITY hereby agreesçto~e~±1 ‘/tpay ATTORNEY atyhe hourly rate of one hundred -~wcnty-f~ie

dollars ($l~5.6~), plus direct expenses such as long

distance telephone calls, postage and photocopying charges.

ATTORNEY shall submit itemized bills to the CITY at the end

1

of each month in which services were. rendered, with time

billed in one-tenth (1/10) of an hour increments.

3. This Agreement may be terminated at any time after

execution with ten (10) days’ written notice from either

party to the other.

THE CITY OF DUNNELLON, MARION COUNTY, FLORIDA, has

caused this Agreement to be executed on its behalf by A

VOTE OF THE CITY COUNCIL AND SIGNATURE OF THE MAYOR, and

ATTORNEY has executed this Agreement, this 21st day of

OCTOBER, 2009.

FRED WARD, MAYOR

SUFFICIENCY:

ATTORNEY

D ise A. Lyn, Esq.

CITY CLERK

2

1

City of Dunnellon Office of City Clerk 20750 River Drive Dunnellon, Fl. 34431 352-465-8500

Memo To: Lisa Algiere, City Manager

From: Dawn M. Bowne, M.M.C, City Clerk

CC: City Council

Date: August 6, 2012

Re: Citizens Advisory Task Force for CDBG Application

As you are aware the Citizens Advisory Task force is comprised of five residents who are asked to review and provide their endorsement of the CDBG grant application the Council will vote to submit this year.

The current members are:

Valerie Porter-Hanchar – Vogt Springs

Terry Dunham – Dunnellon Heights

Janie Keele – River Drive

Denver Sheffield – Palmetto Way (No longer willing to serve)

Ed Ericson – Granada (Relocated)

The following residents are willing to be appointed to this board to replace Mr. Sheffield and Mr. Ericson. The Council should consider these or any other appointments during the next council meeting, 08/13/2012 in order for the board to meet with Mr. Fox in time for the application deadline.

Bob Cubbage – East Pennsylvania Ave/Highway 484

Sherry Smith-Evans – Blue Cove