CITY 
OF 
LYNN 
HAVEN, 
FLORIDA 


AGENDA 
NOTICE 


THE 
PUBLIC 
IS 
INVITED 
TO 
ATTEND 


This􀀃meeting􀀃is􀀃also􀀃viewable􀀃online􀀃at􀀃www.cityoflynnhaven.com􀀃-select􀀃YouTube􀀃OR􀀃Live􀀃Stream.􀀃

CITY 
COMMISSION 
MEETING 
TUESDAY 
FEBRUARY 
24TH, 
2026 
– 
5:30 
P.M. 
WALTER 
T. 
KELLEY 
CHAMBERS 
– 
CITY 
HALL 
-825 
OHIO 
AVENUE 


Item 
Page 
1. 
Call 
to 
order. 
2. 
Invocation 
by 
Police 
Chaplain 
Chris 
Rehberg 
and 
the 
Pledge 
of 
Allegiance. 
3. 
Additions, 
Deletions, 
Modifications 
of 
Agenda. 
4. 
PROCLAMATION 
– 
Flood 
Awareness 
Week 
2026 
– 
(read 
by 
Mayor 
Lowery). 
4 
CONSENT 
AGENDA: 
5. 
Approval 
of 
Minutes 
dated 
02/10/26. 
5-12 
6. 
Declare 
Asset 
4794 
surplus 
and 
authorize 
staff 
to 
transfer 
the 
trailer 
to 
another 
police 
agency 
in 
exchange 
for 
labor 
to 
install 
emergency 
police 
equipment 
in 
LHPD 
vehicles. 
13-18 
**MOTION 
NEEDED 
TO 
APPROVE 
CONSENT 
AGENDA 
OLD 
BUSINESS 
7. 
Second 
Reading 
of 
Ordinance 
1185 
Amending 
the 
Code 
of 
Ordinances 
to 
Prohibit 
Smoking 
and 
Vaping 
in 
City 
Parks. 
(City 
Attorney) 
19-23 
8. 
Discussion 
about 
Public 
Commentary 
and 
Town 
Hall. 
(Commissioner 
Warrick) 
TABLED 
ITEMS 
9. 
Discussion 
and 
possible 
approval 
of 
voting 
for 
one 
new 
member 
from 
the 
FIVE 
(5) 
applications 
received 
for 
the 
Planning 
Board. 
(Planning 
Coordinator) 
24-50 
NEW 
BUSINESS 
10. 
Discussion 
and 
possible 
approval 
of 
Resolution 
2026-02-519 
Approving 
and 
agreement 
with 
Panhandle 
Engineering 
to 
provide 
Construction 
Engineering 
and 
Inspection 
Services 
for 
Tennessee 
Ave 
Sidewalk 
project. 
(Director 
of 
the 
CRA) 
51-90 
11. 
Discussion 
and 
possible 
approval 
of 
Resolution 
2026-02-520 
Approving 
awarding 
the 
Ditch 
Digging 
Bid 
for 
as-needed 
services. 
(Interim 
City 
Manager) 
91-108 
12. 
Discussion 
and 
possible 
approval 
of 
Resolution 
2026-02-521 
Approving 
The 
appropriation 
of 
additional 
funds 
for 
Yates 
Plumbing 
and 
Utility 
Services. 
(Interim 
City 
Manager) 
109-111 
13. 
Discussion 
and 
possible 
approval 
of 
Resolution 
2026-02-522 
Approving 
a 
three-year 
extension 
of 
the 
city’s 
Commercial 
Garbage 
Contract 
with 
Waste 
Pro. 
(Interim 
City 
Manager) 
112-125 
14. 
Public 
Commentary. 
15. 
Mayor’s 
Report. 


Mayor 
Dave 
Lowery 
Commissioners 
Sam 
Peebles 
| 
Pat 
Perno 
| 
Jamie 
Warrick 
| 
Judy 
Tinder 
Interim 
City 
Manager 
Chris 
Lightfoot 
City 
Attorney 
Amy 
Myers 



16. 
Commissioners’ 
Reports. 
17. 
Interim 
City 
Manager’s 
Report. 
A. 
Finance 
Report. 
126 
18. 
City 
Attorney’s 
Report. 
19. 
Adjourn. 


**IF 
A 
PERSON 
DECIDES 
TO 
APPEAL 
ANY 
DECISION 
MADE 
BY 
THE 
COMMISSION 
WITH 
RESPECT 
TO 
ANY 
MATTER 
CONSIDERED 
AT 
THIS 
MEETING, 
THEY 
WILL 
NEED 
A 
RECORD 
OF 
THE 
PROCEEDINGS, 
AND 
FOR 
SUCH 
PURPOSE 
THEY 
MAY 
NEED 
TO 
ENSURE 
THAT 
A 
VERBATIM 
RECORD 
OF 
THE 
PROCEEDINGS 
IS 
MADE, 
WHICH 
RECORD 
INCLUDES 
THE 
TESTIMONY 
AND 
EVIDENCE 
UPON 
WHICH 
THE 
APPEAL 
IS 
BASED. 
FLORIDA 
STATE 
STATUTE 
286.0105. 
**IN 
ACCORDANCE 
WITH 
THE 
AMERICANS 
WITH 
DISABILITIES 
ACT 
AND 
FLORIDA 
STATUTES, 
286.26, 
PERSONS 
WITH 
DISABILITIES 
NEEDING 
SPECIAL 
ACCOMMODATION 
TO 
PARTICIPATE 
IN 
THIS 
PROCEEDING 
SHOULD 
CONTACT 
CITY 
HALL 
NO 
LATER 
THAN 
48 
HOURS 
PRIOR 
TO 
THE 
PROCEEDING 
AT 
TELEPHONE 
850-265-2121 
FOR 
ASSISTANCE; 
IF 
HEARING 
IMPAIRED, 
TELEPHONE 
THE 
FLORIDA 
RELAY 
SERVICE 
NUMBERS, 
(800) 
9558771 
(TDD) 
OR 
(800) 
955-8770 
(VOICE) 
FOR 
ASSISTANCE. 


Mayor 
Dave 
Lowery 
Commissioners 
Sam 
Peebles 
| 
Pat 
Perno 
| 
Jamie 
Warrick 
| 
Judy 
Tinder 
Interim 
City 
Manager 
Chris 
Lightfoot 
City 
Attorney 
Amy 
Myers 



Progressively 
enriching our 
community’s 
quality of life by 
providing consistent 
and transparent 
customer service 
to 
our 
residents. 


www.cityoflynnhaven.com 


PUBLIC PARTICIPATION 
& 
DECORUM 
AT CITY 
OF 
LYNN HAVEN 
COMMISSION 
MEETINGS 


Any 
person 
may 
request 
to address the 
City 
Commission 
during 
any 
regular 
City 
Commission meeting. 
Resolution 
2024-04-428 
(full document 
is 
available 
online) was passed 
to 
facilitate 
orderly 
public 
participation & 
decorum, and is briefly summarized below: 


A. 
Public 
participation at 
board 
meetings 
is intended to 
allow 
individual members of the 
public 
to 
address the 
Board 
on 
issues 
of 
public 
concern 
in Lynn Haven. 
The 
Chair 
is responsible 
for 
maintaining 
a 
respectful 
environment 
during 
public 
participation 
so 
that 
public 
comments 
can 
be 
heard 
and considered by 
the 
Board. 
Therefore, 
the 
Board 
Chair 
may 
interrupt 
or 
terminate 
any 
individual's speaking 
privilege 
if 
the 
Speaker's comments, 
attire, 
or 
Visual Aids constitute 
a personal 
attack; 
are 
slanderous, 
defaming, 
disruptive, 
or 
obscene; 
violate 
any 
law 
(including 
but 
not limited 
to copyright 
and 
intellectual 
property 
laws); 
or 
otherwise 
are 
in 
violation 
of 
this 
policy. 
The 
following guidelines apply to any public comment at Board meetings: 
1. 
Speakers must 
be 
respectful 
of the 
Board, 
other 
members 
of 
the 
public, 
and others' 
opinions, 
and 
refrain from making 
personal attacks; 
2. 
No 
Political Candidate 
Campaigning, 
commercial 
advertising, 
solicitation, 
or 
defamation will 
be allowed as part of any presentation 
to the Board; 
3. 
Presentations 
to the 
Board must 
relate 
to issues 
which 
are 
in 
the 
public 
interest, 
and which 
pertain to Lynn Haven government 
activities. These priorities should be considered: 
a. Statements of matters involving public 
health or safety; 
b. 
Statements relating to Board actions or 
business; 
c. 
Statements involving various City 
departments under 
the City 
Manager; 
and 
d. 
Statements 
directly 
pertaining 
to 
relevant 
Lynn Haven government 
programs, 
projects, 
policies, or concerns. 
4. 
Speakers should 
make 
their 
comments concise 
and to the 
point, 
presenting 
relevant 
information they wish the Board to consider. 
5. 
All remarks must 
be 
addressed 
to the 
Board 
as a body 
and not 
to 
any 
individual member 
of 
the Board other than the Board Chair. 
6. 
No 
person, 
other 
than a member 
of the 
Board 
and 
the 
person having 
the 
floor, 
may 
be 
permitted to enter 
into any 
discussion, 
either 
directly 
or 
through a member 
of the 
Board, 
without 
permission of the 
Chair. 
7. 
A 
Speaker's time 
is 
an 
opportunity 
to direct 
comments 
to the 
Board; 
though questions may 
be 
presented to 
the Board, it is not a time for a question-and-answer session or dialogue. 
8. 
Any 
Speaker 
who becomes disorderly 
or 
who fails to confine 
remarks to the 
identified subject 
or 
business at 
hand or 
who 
violates this policy 
may 
be 
given a verbal 
warning 
by 
the 
Chair. 
Following 
such 
a warning, 
the Speaker 
may 
continue, 
provided that 
they 
do so in 
accordance 
with this 
policy. If, 
after 
such 
a warning 
the 
Speaker 
fails 
to comply 
with this policy, 
the 
Speaker 
may be 
directed 
to end 
their 
comments. If the 
Speaker 
does 
not 
do so, they 
may 
be 
subject 
to removal from 
the 
meeting 
room. The 
Chair 
may 
bar 
any 
person failing 
to 
comply 
with this 
policy 
after 
receiving 
a 
warning 
from 
making 
any 
additional 
comments during 
the 
meeting, 
unless permission to continue, 
or 
to 
address 
the 
Board 
again, 
is granted 
by 
the 
majority 
of the Board members present. 
9. 
Clapping, 
applauding, 
heckling 
or 
verbal 
outbursts in 
support 
of 
or 
opposition to 
a 
Speaker 
or 
their 
remarks is 
discouraged. Any 
such activity 
that 
becomes disruptive 
may 
result 
in 
removal 
from 
the 
meeting. 
Persons exiting 
the 
Commission 
Chamber 
or 
meeting 
room 
must 
do so 
quietly and in a non-disruptive manner. 
3

4 


PROCLAMATION 

WHEREAS, the 
City of 
Lynn Haven, Florida 
has experienced severe 
weather in the 
past 
in 
the 
form 
of 
extreme 
rainfall 
or 
tropical 
system 
events resulting in flooding in 
West 
Bay 
Area 
of Florida, 
and this flooding has caused 
damage 
and flood losses to homes and buildings in all 
areas whether 
they are 
high-risk special flood hazard areas or low 
to moderate risk flood zones; and 

WHEREAS, 
the 
City of 
Lynn Haven, Florida 
is 
a 
voluntary participant 
in 
the 
National 
Flood Insurance 
Program 
that 
provides residents 
with the 
opportunity 
to 
protect themselves against 
flood 
loss 
through the 
purchase 
of flood insurance at 
reduced insurance premium 
rates as well 
as 
setting higher 
regulatory standards to reduce the flood risk and potential 
flood damage to their 
property; 
and 


WHEREAS, 
the 
reduction of loss of 
life 
and property damage 
can 
be 
achieved when 
appropriate flood preparedness, control, and mitigation 
measures are 
taken before 
a flood; and 


WHEREAS, public 
education and awareness 
of 
potential 
weather 
hazards and methods of 
protection are 
critical 
to the 
health, safety 
and welfare 
of 
residents. The 
Florida 
Floodplain Managers 
Association 
(FFMA), 
have 
declared 
the 
week 
beginning 
March 
9th through 
15th, 2026, 
as 
Flood 
Awareness Week to promote 
awareness and increase 
knowledge 
of 
flood risk, the 
availability of 
flood 
insurance, flood protection methods, and how to prepare for emergencies; 


NOW, THEREFORE, I, 
Mayor 
Lowery and the 
City Commission, by virtue 
of 
the 
authority 
vested in us by the 
laws of Lynn Haven in Bay 
County 
and Florida, do hereby proclaim 
the 
week 
beginning March 9th, 2026, as 


FLOOD AWARENESS WEEK 


and further 
encourage 
the 
citizens to 
increase 
their 
knowledge 
of 
how 
to 
protect 
themselves and 
their 
property from 
flooding. 


IN 
WITNESS WHEREOF, I 
have 
hereunto 
set 
my 
hand and 
caused the 
seal 
of 
the 
City of Lynn Haven, 
Florida to be 
affixed, 
this 
the 
24th 
day of 
February 
2025. 


Dr. 
Dave 
Lowery, Mayor 


Attest: 


Chris 
Lightfoot, 
Interim CityManager 


4

Minutes from the City Commission 
meeting called 
February 10, 2026, at 5:30 P.M. 

 Page 1TUESDAY, FEBRUARY 10, 2026 
CITY COMMISSION MEETING – 5:30 P.M. 
Present:Dave Lowery, MayorSam Peebles, Mayor Pro TemPat Perno, Commissioner 
Jamie Warrick, Commissioner 
Judy Tinder, Commissioner 
Chris Lightfoot, InterimCity ManagerSergeant at Arms 
Amy Myers, City Legal CounselApologies:NoneItem # 1. Call to order.
Mayor Lowery called the meeting to order at 5:30 P.M. 
Item # 2. Invocation and thePledgeof Allegiance.
Theinvocation wasgivenby Pastor Ramsey fromHarvestWorshipfollowed by thePledgeofAllegiance.
Item # 3. Additions, Deletions, and/orModifications to the Agenda. 
Motion by Commissioner Warrick to add an item to discuss theCity Manager position. 
to add an item to discuss public commentary.
to add an itemto discuss timelines for theCharterReview committee deliverables.
Second to the Motion:Commissioner Tinder 
On Vote:WarrickayeTinder ayePeebles ayePerno ayeLoweryayeMotion passed: 5-0Item # 4. Arc of the Bay presentation by Mr. Ron Sharpe. 
Mr. Sharpespokeaboutthefreetax servicesprovided by theArcof theBay and providedstatistics 
of theassistancethey haveprovided. Heasked theCommission to sharetheflyers with theirassociates.
CONSENT AGENDA 
Item # 5. Approval of Minutes dated 01/29/26 - Regular meeting. (was 5)
Item # 6. To appoint JohnnieBeshearseto theFinanceReview CommitteetoreplaceMr.
McCambry, who resigned. (was 6)
Item # 7. To declare LHFD mobile air unit as surplus and auction off on GovDeals. (was 7) 
Motion by Commissioner Tinderto approve all items on the consent agenda.
Second to the Motion:Commissioner Peebles 
On Vote:
TinderayePeebles aye
5

Minutes from the City Commission 
meeting called 
February 10, 2026, at 5:30 P.M. 

 Page 2 
Perno 
Warrick 
Lowery 
aye 
aye 
aye 
Motion passed: 5-0 
OLD BUSINESS 
PUBLIC HEARING Opens (5.37pm) 


Item # 8. First Reading of Ordinance 
1176-AR Comp Plan Amendments. 

The 
Interim City Manager read the Ordinance 
by title only. 

The 
City Attorney explained 
the 
item, being a 
public 
hearing for a 
reading and submittal 
to 
the 
state, 
to come back in about 
6 months for adoption. 

Mayor Lowery opened the floor to the commission for discussion. A member of the public said 
they could not hearanyone. 
Motion by Commissioner Perno to approveOrdinance1176-ARComp Plan 
Amendments and submittal thereof to the state.
Second to the Motion:Commissioner Peebles 
Mayor Lowery opened the floor to the public for comments. There werenone.
On Vote:
Perno ayeTinder ayePeebles ayeWarrickayeLoweryayeMotion passed: 5-0PUBLIC HEARING Closes(5.43pm)
TABLED BUSINESS 
NoneNEW BUSINESS 
Item # 9. Discussion and possibleapprovalof votingfortwo newmembersfromtheapplications received forthe Planning Board. 
The interimCity Manager explained that an online application had failed tomakeit on theagendaeven though it had been submitted in time and asked that this betabled so they can review theomitted application. 
Mayor Lowery spokeabout theprevious agreement that Mr. Clubbs beappointed at the nextavailableposition. He would like honor theprior promise to Mr. Clubbs and appoint him to one seatand then consider theremaining seat atnext meeting. 
Commissioner Warrick asked if this is thelast timethis Board of Adjustment‘holding place”
method is used. Other commissioners agreed.
Motion by Commissioner Tinderto appoint Mr. 
Second to the Motion: 
Commissioner Peebles 
On Vote: 
Tinder 
aye 
Perno aye 
Peebles aye 
Warrick 
aye 
Lowery 
aye 
Motion passed: 5-0 


6

Mayor Loweryopenedthefloorto thepublicfor comments. Commissioner Perno addedthatthis wasbudgeted forthefullamount, butwealso havereceived an insurancepaymentfor it. Mr.Lightfootconfirmed itwasbudgeted for, buttheinsurancecompany ended up paying $48,855 whichmeanswe’reonly paying $6k outof thebudget. 
On Vote:
TinderayeWarrick ayePeebles ayePerno ayeLoweryayeMotion passed: 5-0Item # 11. First Reading only ofOrdinance1185 Amending theCodeof Ordinancesto 
Prohibit Smoking and Vaping in City Parks. 
TheInterim City Manager read the Ordinanceby title only. 
Commissioner Peebles explainedthathenoticed thesign says no smoking and lists theordinance. So,
heread theordinanceandnoticedthattheamendmentsaid no vaping whereyou cannotsmoke,butitdoesn’tsaywhereyou cannotsmoke.Hewanted ittobesetoutin anupdated ordinanceto reduceconfusion. 
The City Attorney explained the item as reported, and that it does notapply to allcity property, onlyto theparks.
Mayor Lowery opened the floor for discussion by thepublic. There werenone. 
Item # 12. Discussion only about the city hiring a new Building Official. (was 12) 
Commissioner Tinderexplainedthatshechecked withMrs.Roman who confirmed wehad spentapproximately$85k lastFY on building officialduties. So far this yearweareup to $56k, and weareway behind on our permits. Shewouldliketohavethis commission voteonhaving our own buildingofficialinsteadof waiting on thecountyfor building permits. Shewould highly recommend MikeMayor Loweryopenedthefloorto thepublicfor comments. Commissioner Perno addedthatthis wasbudgeted forthefullamount, butwealso havereceived an insurancepaymentfor it. Mr.Lightfootconfirmed itwasbudgeted for, buttheinsurancecompany ended up paying $48,855 whichmeanswe’reonly paying $6k outof thebudget. 
On Vote:
TinderayeWarrick ayePeebles ayePerno ayeLoweryayeMotion passed: 5-0Item # 11. First Reading only ofOrdinance1185 Amending theCodeof Ordinancesto 
Prohibit Smoking and Vaping in City Parks. 
TheInterim City Manager read the Ordinanceby title only. 
Commissioner Peebles explainedthathenoticed thesign says no smoking and lists theordinance. So,
heread theordinanceandnoticedthattheamendmentsaid no vaping whereyou cannotsmoke,butitdoesn’tsaywhereyou cannotsmoke.Hewanted ittobesetoutin anupdated ordinanceto reduceconfusion. 
The City Attorney explained the item as reported, and that it does notapply to allcity property, onlyto theparks.
Mayor Lowery opened the floor for discussion by thepublic. There werenone. 
Item # 12. Discussion only about the city hiring a new Building Official. (was 12) 
Commissioner Tinderexplainedthatshechecked withMrs.Roman who confirmed wehad spentapproximately$85k lastFY on building officialduties. So far this yearweareup to $56k, and weareway behind on our permits. Shewouldliketohavethis commission voteonhaving our own buildingofficialinsteadof waiting on thecountyfor building permits. Shewould highly recommend Mike
Minutes from the City Commission 
meeting called 
February 10, 2026, at 5:30 P.M. 
Page 3 


Item # 10. Discussion and possible 
approval 
of Resolution 2026-02-518 Agreement 
with EPSS 
for 
replacement catwalk for Digester 4 at AWT. 


The 
Interim City Manager Read the resolution by title only and explained the item. 

Mayor Lowery advised he had toured the facility last 
week and the fiberglass is in bad shape and 
unsafe. 
Mayor Lowery opened the floor to the commission for discussion. There 
was none. 

Motion by Commissioner Tinder 
to approve 
of Resolution 2026-02-518 Agreement 
with 
EPSS for replacement 
catwalk for Digester 4 at AWT. 
Second to the Motion: 
Commissioner Warrick 


Gordon. He 
and she 
would like 
that 
he 
reports to 
the 
commission instead 
of being a 
city employee. 
Commissioner Tinder 
spoke 
about 
experiences around issues 
Mr. 
Gordon had resolved 
for residents 
after hours 
relating to roof issues in the aftermath of Hurricane Michael. 


Mr. Lightfoot 
explained we 
are 
behind in permits due 
to staffing issues 
due 
to 
a 
long illness and 
recent 
death in 
a 
staff member family. The 
county-based building official 
inspections process 
is 
working 
very 
effectively. We 
have 
had a 
Building Official 
position advertised 
for months and cannot 
find one. 

Commissioner Warrick 
– 
Some 
developers have 
complained the 
initial 
part 
of permitting takes 
a 
while 
because of the system we use. 
The 
county uses an 
online system that is quicker. 
Mr. Lightfoot 
-If the 
commission accepted the 
county agreement 
we 
would 
be 
set 
up with 
their 
online 


7

Minutes from the City Commission 
meeting called 
February 10, 2026, at 5:30 P.M. 
Page 4 


system that our citizens 
would use online. 

Commissioner Warrick – 
on enquiring 
about 
going online 
previously he 
was told that 
we 
had to keep 
our current system and purchase 
an “add-on”. 
Further discussion ensued. 
Commissioner Perno 
– it 
seems we 
are 
more 
efficient 
using the 
county. If there 
is 
a 
need to RFQ to 


see 
if there 
is a 
better way he is open to that. 
Mayor Lowery – would there 
be 
any potential 
for us having some 
kind of city 
qualified 
RFQ reservist 
back 
up to 
be 
called on after hours and be 
called on 
by the 
county. Mr. Lightfoot 
– when 
we 
have 
had 

an issue thecounty hasresponded immediately. They have robustcapability. 
Morediscussion ensued.
Mayor Lowerywould like to look at augmenting with our own capability if it is notcost prohibitive. 
Mrs. Hodgesadvised thelasttimewehad acontracted Building Officialitcostus over $300k overtwo years. 
Commissioner Warrick– asked ifthefinancialaspectwillbemuch differenteither wayyou gobecause the building fund does notmake aprofit. It is about being operationally efficient.
Mayor Lowery will continue to investigate this, and the commission can revisit itagain later. 
Mrs. Hodges – thelast offer to aBuilding Officialwas in the summer and rejected for $100k.
Item # 13. Discussion on the City ManagerMayor Lowery wouldlikethespreadsheettobepresented toeach ofthemwith adiscussion of whohad voted for who.
Mrs. Myers–advisedthecitystillneeds toknow how many theywantto bring to town and whattheir timelineis.
Commissioner Tinder–in thespiritof transparency everyonein this roomneedsto know who is onthis list.
Mayor Lowery askediftheyhaveatop4?Mrs. Myers – yes, of14 names, theyrankedthetop 5.
Mayor Lowery suggested zooming with the top 5 and then meeting in person for the top 3. 
Commissioner Perno– wecould givetheInterim City Manager acontractfor ayearand review aftera year. 
Commissioner Warrick – would prefer to look at all thecandidates on the short-list now. 
Commissioner Tinder – would also prefer to look atall of them. 
Mayor Lowery – agreestheInterimCity Manager has donea greatjob butfeelsfor transparency weneed to run theprocess now and look at all theimpressivecandidates.
Mrs. Hodgesand Mr. Holton willsetup a dateforzooming with thecandidates allon thesameday,
and then after they 
have 
determined 
who to bring 
in for in-person interviews then those 
interviews 


will be 
set. 
Mrs. Hodges explained what the process will be. 
When the 
top 3 are determined you could then 
do 
it 
in a 
public 
meeting. Mrs. Myers – 
the 
public 
will 
be 
involved 
in the 
process when you discuss the 
shortlist 
and 
the 
final 
3. 
They will 
not 
be 
entitled or invited to 
attend the 
zoom 
meetings. You can 
provide 
them 
with feedback. You could also arrange 
a 
meet-and-greet 
that 
involves the 
public 
and 
the candidates. 


Commissioner Warrick 
– so we 
each 
do one-on-one 
with each of the 
5. After that 
the 
top 3 are 
selected 

8

Minutes from the City Commissionmeeting calledFebruary 10, 2026, at 5:30 P.M. 
Page 5and it can be progressed in a public setting. 
Commissioner Peebles – also need to determine the number of theshort list and not necessarily limitit to 3.
Mayor Lowery – is thereanything precluding himfrominviting oneor two peopleto attend withhimto sitin on each zoommeeting. Mrs. Myers– itis legallypermissible, however if they discloseanything about that to any other commission members, they will be violating thesunshinelaw.
Commissioner Warrick– concerned thatif thereis someonefromthepublicthereand aproponentfrom anothercandidate, they may tell them those answers.
Commissioner Tinderrecentlyheardithas been said to leadthecommission frombehind,and thatneeds to stop. 
Mayor Lowery – if those two public members attended, they would need to put up their phones. 
Commissioner Warrick – timeline will depend on when the out-of-town members can attend.
Item # 14. Discussion about Public Commentary. 
Commissioner Warrick – it’s notentirely truethatPanamaCity don’thavepubliccommentary 
becausetheydo haveaudienceparticipation foreach agendaitem. Anything elseis discussed atthetown hall. Thatwaydiscussion atthe townhallcan beback and forth. Hewould liketodo thesameat Lynn Haven.
Mrs. Myers – if you do a town hall you would require 4 of you to bethere. 
Commissioner Perno– arewegoing to createaseparateworkshop justfor publiccommentary?Notthatwedon’talready havepubliccommentary ateverymeeting aswellas on everyagendaitem?
Commissioner Warrick – proposing onlyaudienceparticipation atagendaitems and then publicCommentaryin generalatthe townhall.CommissionerPerno – doesn’tthink the publicshouldwaituntilthetown hallto tellthemwhattheyfeelabouttheitems they arevoting on. Commissioner Perno– is okaywith TownHallbutdoesn’twantto doaway withpubliccommentary atthecommission 
meetings. Givethem every opportunity to talk. 
Commissioner Peebles – should add itas an agendaitemfordiscussion onthenextmeeting to givethe public an opportunity to think about it and come ready to discuss it.
Mayor Lowery – is notopposed to theconceptof atown hall(in addition topubliccommentary). 
Maybeeven quarterly,wherewesitwith theaudienceand discuss back and forth andprovidefeedback. 
Commissioner Tinder– need toensurethetiming is correct.Also thinks justbecausePanamaCitydoes itdoesn’tmeanwehaveto. If it’snotbeing used asameasureofcontrolling the public wecan 
always giveit atry and see how it goes.
Commissioner Warrick– PanamaCity doitonSaturdayinthemorning, notthatwemustdo itthesame. They just have the commission, City Manager and city attorneyin attendance… and I.T.
“Discussion of public commentary /Town Hall”on thenextagenda.
Minutes from the City Commissionmeeting calledFebruary 10, 2026, at 5:30 P.M. 
Page 5and it can be progressed in a public setting. 
Commissioner Peebles – also need to determine the number of theshort list and not necessarily limitit to 3.
Mayor Lowery – is thereanything precluding himfrominviting oneor two peopleto attend withhimto sitin on each zoommeeting. Mrs. Myers– itis legallypermissible, however if they discloseanything about that to any other commission members, they will be violating thesunshinelaw.
Commissioner Warrick– concerned thatif thereis someonefromthepublicthereand aproponentfrom anothercandidate, they may tell them those answers.
Commissioner Tinderrecentlyheardithas been said to leadthecommission frombehind,and thatneeds to stop. 
Mayor Lowery – if those two public members attended, they would need to put up their phones. 
Commissioner Warrick – timeline will depend on when the out-of-town members can attend.
Item # 14. Discussion about Public Commentary. 
Commissioner Warrick – it’s notentirely truethatPanamaCity don’thavepubliccommentary 
becausetheydo haveaudienceparticipation foreach agendaitem. Anything elseis discussed atthetown hall. Thatwaydiscussion atthe townhallcan beback and forth. Hewould liketodo thesameat Lynn Haven.
Mrs. Myers – if you do a town hall you would require 4 of you to bethere. 
Commissioner Perno– arewegoing to createaseparateworkshop justfor publiccommentary?Notthatwedon’talready havepubliccommentary ateverymeeting aswellas on everyagendaitem?
Commissioner Warrick – proposing onlyaudienceparticipation atagendaitems and then publicCommentaryin generalatthe townhall.CommissionerPerno – doesn’tthink the publicshouldwaituntilthetown hallto tellthemwhattheyfeelabouttheitems they arevoting on. Commissioner Perno– is okaywith TownHallbutdoesn’twantto doaway withpubliccommentary atthecommission 
meetings. Givethem every opportunity to talk. 
Commissioner Peebles – should add itas an agendaitemfordiscussion onthenextmeeting to givethe public an opportunity to think about it and come ready to discuss it.
Mayor Lowery – is notopposed to theconceptof atown hall(in addition topubliccommentary). 
Maybeeven quarterly,wherewesitwith theaudienceand discuss back and forth andprovidefeedback. 
Commissioner Tinder– need toensurethetiming is correct.Also thinks justbecausePanamaCitydoes itdoesn’tmeanwehaveto. If it’snotbeing used asameasureofcontrolling the public wecan 
always giveit atry and see how it goes.
Commissioner Warrick– PanamaCity doitonSaturdayinthemorning, notthatwemustdo itthesame. They just have the commission, City Manager and city attorneyin attendance… and I.T.
“Discussion of public commentary /Town Hall”on thenextagenda.
9

Minutes from the City Commission 
meeting called 
February 10, 2026, at 5:30 P.M. 
Page 6 


position is not passed then certain amendments will not need to be 
made. 
Mayor Lowery – spoke 
about 
the 
city clerk 
being a 
dual 
authentication where 
the 
City Manager 
oversees 
people 
and operations and the 
City 
Clerk will 
handle 
policy and resources, particularly 
financial 
resources and 
procurement 
etc., working 
together 
but 
separately. Makes sense 
to add other 
questions if 
they are 
ready. Mrs. Myers 
– they 
are 
prepared to bring you ballot 
language 
for the 
referendum 
but 
not 
ready yet 
for 
any of the 
others. Right 
now, they only have 
one 
recommendation 


and that 
is the 
city clerk. 
June 
12th 
is the 
deadline 
for 
that 
ballot. May 1st 
would be 
deadline 
for any 
other items that they may have ready. 
Commissioner Tinder 
– 
really concerned to have 
a 
separation of powers 
and the 
clerk should report 


to thecommission. Regarding having citizens with you during theinterviews – feels theyshouldbethe samepeople in eachof the interviews. Mayor Lowery agreed.
Mayor Lowery – PanamaCity and PanamaCity Beach both do itdifferently andexplained thedifference. Kikiwould beworkingwith thatCity ClerkastheFinanceDirector.Thecity clerk andcity manager willhave to both sign offon every transaction.
Commissioner Warrick – recommends having a sit down with the city clerkat PanamaCity. 
Mrs. Myers – that is aquestion for after theballotbecause the charter is granular. 
Commissioner Warrick – wewillhaveoneballotquestion inAugust, and thenlikely April2027.
Regarding priorities – nothing in particular comes up. 
Commissioner Warrick –did weever look atcostsfor August?Mrs.Myers–did notfollow up for aspecificcostbutshedid indicateitwould beabitcheaper in August. Shewillfollowup and givefeedback at next meeting. 
Item # 16. PublicCommentary. (was 13) 
Mr. Hines – RhodeIsland Avenue–Thepreviousadministration was trying to pay down thedebtafter HM – queried whathad happened abouttherevolving loan. Hementioned thecostsof thewater 
meter re-read. Hesaid that Panama City is totally different people to the people in Lynn Haven. 
Commissioner Warrick – we did lower that fee at the last meeting. 
Ms. Smith –wearenottherestof Bay County. Glad of theopportunity to changeand go forward.
Corruption is everywhereand shehopes wedon’thaveithere.Spokeabouther opinions on theFlockcameras. Shesaid thatinher opinion Mr. Lightfootispartof theoldsystemand wastightwith thepeopleof thepast.
Ms. McElroy – mentioned theemailshesentto thecommissioners regarding various staff members 
and provided themwith acopy– whichhas beenplacedon file. Shealso provided themwith other 
printouts relating toMr.Lightfootand Mr. Westfall– whichhavebeenplacedon file.Shewenton 
to say thatmainlyitis aboutprocess. Employees aremostvaluableasset,and processesshouldbedonecorrectly. Sherecommendedthecity setupanother board called civilserviceboard(members 
of the 
community) so if a 
person is terminated, they would come to 
this board who will 
review 
both 
sides of the story. A city 
commissioner at Panama City of 20-years, they had this system. 

Mrs. Parker 
– Rett 
Place 
– agree 
with the 
no smoking and vaping. Agrees 
with getting a 
new building 
official 
at 
the 
city 
and 
Mike 
Gordan is a 
wonderful 
building official. Whole 
heartedly disagreed 
with 
the 
opinion to 
do a 
town 
hall 
instead 
of public 
commentary. She 
would prefer it 
to be 
at 
#7, but 
the 
end of the 
agenda 
is better than not. 


Mr. Switzer 
– Thanked them 
for the 
tone 
of the 
meeting. Spoke 
about 
the 
Flock cameras, even though 
he 
supports 
law enforcement. Spoke about 
the 
social 
experiment 
of people 
providing information of 
their flock 
camera 
data 
being incorrect 
anyway. What 
is the 
chance 
of a 
flock 
camera 
giving you 


10

Minutes from the City Commission 
meeting called 
February 10, 2026, at 5:30 P.M. 
Page 7 


incorrect 
information. Spoke 
about 
the 
family who were 
arrested 
for stealing a 
car, 
yet 
the 
flock 
information was incorrect 
and not 
stolen. He 
would like 
more 
democratic 
policing with more 
guardrails. 


Ms. Sandy – Spoke 
about 
the 
permit 
issue. When you use 
a 
county versus a 
city doing permits, the 
county is just 
overrun 
with requests. She 
was in 
meetings with 
the 
county and when 
it 
came 
to 
permits 
it 
was 
a zoo. Over 
$300k spend on the 
permits over two years 
– that 
was 
during Michael 
recovery so 
it 
would be 
more. If 
Michael 
Gordon 
wants 
to do 
it 
why not. Big 
thanks to Pat 
Perno for comments 
about 
public 
comments versus town hall, 
and 
Sam 
and Judy. Both of them 
are 
needed, not 
one 
over 
the other. 

Mr. Beshearse– overcomplicating thecity clerkposition. You cansetthejob description laterandnotputiton thecharter. Publiccommentary–if had anissuehewould liketheopportunity ataformalcommission meeting notjustatown hall.Howcan Igetsomething on theagendaso itcan bespokenaboutatthecommission meeting. Areweableto getacopy of thevoting spreadsheet. Publicrecordsrequest for the spreadsheet for CM. 
Mr. Footen – Said hewas theformer Director of Facility Maintenanceand wasdismissed for makinga wrong judgementcall. Hespoke about having atarget on his back since 2024 by Mrs. Hodges dueto hisneed touseamedicalmarijuanacard. Hewould likehisdismissaltobelooked atbecauseatthemeeting at7/22/25 thecommissioners spokeaboutthenewInterimCity Managerbeing abletofire someone because of retribution fromthepast. Heaskedifanyof themhadbeen informed abouthis situation. Spokeaboutpeoplebeing victims ofthecityand theabuseof power. Hewas3yearsout from being retired.
Mrs. Arlene Harrison –Spoke on her opinion about public commentary. 
Item # 17. Mayor’s Report. (was 14) 
Mayor Lowery appreciatesthecity staffforcontinuing to assisthimsettlein. Hegavean updateonhis progress.
Item # 18. Commissioners’ Reports. (was 15)
Commissioner Tinder–spokeabouthaving theexecutivesuitecameras disconnected.Thebuildingis filledwithbulletproof windowsetc.Weshouldhaveacameratohold somebody accountable. 
Camerashouldbereconnected.JoeFooten hadapoliceofficerdeliver his termination letter on his 
day offwork. Mr.Lightfoot– Mr. Footen sent atextinagroup WhatsAppto say hewouldnotbein, 
so wegotitspeciallydelivered. Commissioner Tinder-Is ittruethatMrs. Hodges wentto allthepeople thatreported to JoeFooten to tellthemthathehadamedicalmarijuanacard?Mrs. Hodges–
said no, thatwas alieandthatshehad said hewassuspended for testing positive. Mr. Lightfoot– wehave enough cameras around the building and theone in the executive suitewillnotbe putback up. 
Commissioner Tinder–receivedanemailthatsaid hesaiditwas becausehewastiredof thepublicrecords requests.
Commissioner Warrick – March 9this theBCLOCannualdinneratUncleErnie’swith aguestspeaker.
Commissioner Peebles – spent 
time 
with the 
city manager 
applications doing online 
research, and not 
much else 
to report. Thanked Mr. 
Beshearse 
and Mr. 
Clubbs for volunteering for the 
committee 
positions. 


Commissioner Perno 
– thanks all 
for 
being here. 
Regarding his words earlier on in 
the 
meeting about 
his feelings about 
the 
city manager applications – he 
is open to the 
interview process. 
Has 
had 
several 
meetings with the 
Interim 
City 
Manager and he 
is up front 
and so feels informed. 
Doesn’t 
want 
to 
spend time 
and money on 
something that 
may not 
be 
necessary. thanked 
employees for their service. 

Mayor Lowery – will always shoot straight and talk honestly. 

11

Minutes from the City Commission 
meeting called 
February 10, 2026, at 5:30 P.M. 
Page 8 


Item # 19. Interim City Manager’s Report. (was 16) 


The 
Interim 
City Manager gave 
his report. The 
$13m 
is the 
resolution that 
was approved at 
the 
December meeting for the 
headworks application (just 
the 
application). 
Mr. 
Lightfoot 
dropped 
Mr. 
Footen’s personnel 
file 
in front 
of Commissioner 
Tinder 
and invited her 
to talk about 
it 
after the 
meeting. Spoke 
further about 
the 
parks, projects 
and sports/recreation. Opening day 
is 
March 
7th, with 
Mayor as EmCee. 


AED grant 
application will 
be 
coming before 
the 
commission with at 
$6k match. Spoke 
about 
the 
first aid kits. Chief Blanchard will be 
in the 
office on Monday. 

Mentioned all 
events that are listed online on the website. 


Matt Phillips was invited to the capital and represented the city well.
A.FinanceReport:Ms. Roman clarified the$300k wasfor acontractor who helpedus outin2021-2022. Spokebrieflyaboutthepreliminary reports. Willhaveto makethepaymentonthe2019 bond, and theHurricaneMichaelfund is in anegativecashposition.
Mayor –specialshoutoutto DeputyChief Enfinger forfilling in so welltillthenew chiefjoins.
asked Mr. Lightfoot to email Mr. Hines with the answer to his question about thefunds.
Item # 20. City Attorney’s Report. (was 17)
City Attorney – Nothing to report.
Item # 21. Adjournment. (was 18) 
There being no further business, themeeting was adjourned at 7.44 P.M. 
APPROVEDTHISDAY OF2026.
_______________________________
Dr.DaveLowery, MayorATTEST:
_____________________________
ChrisLightfoot, InterimCityManagerprepared by 
Cicelia Rushing 
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Commissioners Sam Peebles | Pat Perno | Jamie Warrick | Judy Tinder 
CITY OF LYNN HAVEN, FLORIDA 
Commission Agenda Report 
Mayor 
anager Chris Lightfoot 
City Attorney Amy Myers 
Requested Action: 
I. Report in Brief: 
Background: 
Recommendation: 
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CITY 
OF 
LYNN 
HAVEN, 
FLORIDA 


Commission 
Agenda 
Report 



Project #:
II. 
Budgeted Amount: 
How/Means: 


III.Advertised: 
Date: 


IV. 
Alternatives: 
V. 
Attachments: 
Mayor 
Commissioners 
Sam 
Peebles 
| Pat 
Perno 
| Jamie 
Warrick 
| Judy 
Tinder 
anager 
Chris 
Lightfoot 
City 
Attorney 
Amy 
Myers 



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Interim City Manager Commissioners Sam Peebles | Pat Perno | Jamie Warrick | Judy Tinder Chris Lightfoot 
CITY OF LYNN HAVEN, FLORIDA 
Commission Agenda Report 
City Attorney Amy Myers 
Mayor Jesse Nelson 
I. Report in Brief: 
Background: 
51 
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CITY 
OF 
LYNN 
HAVEN, 
FLORIDA 


Commission 
Agenda 
Report 



II. 
Budgeted Amount: 
Project #: 
Date: 
:

III.Advertised: 



Background 
: 



IV. 
Alternatives: 
V. 
Attachments: 
Mayor 
Jesse 
Nelson 
Commissioners 
Sam 
Peebles 
| Pat 
Perno 
| Jamie 
Warrick 
| Judy 
Tinder 
Interim 
City 
Manager 
Chris 
Lightfoot 
City 
Attorney 
Amy 
Myers 


52

RESOLUTION 
2026-02-519 


A 
RESOLUTION 
OF 
THE 
CITY 
OF LYNN 
HAVEN, 
FLORIDA, 
APPROVING 
AN 
AGREEMENT 
WITH 
PANHANDLE 
ENGINEERING 
RELATING 
TO 
THE 
PROVISION 
OF 
CONSTRUCTION 
ENGINEERING 
AND 
INSPECTION 
SERVICES 
TO 
THE 
CITY 
FOR 
THE 
TENNESSEE 
AVENUE 
SIDEWALK 
PROJECT. 


WHEREAS, 
on 
January 13, 
2026, 
the 
City approved 
rankings of 
qualified 
firms to 
provide 
construction, 
engineering 
and 
inspection 
services for 
the 
Tennessee 
Avenue 
Sidewalk Project; 
and 


WHEREAS, 
staff 
has negotiated 
an 
Agreement 
with 
the 
first 
ranked 
firm, 
Panhandle 
Engineering, 
and 
recommends its 
approval 
by the 
Commission. 


NOW 
THEREFORE, 
BE 
IT 
RESOLVED 
that 
the 
appropriate 
officers 
of 
the 
City are 
authorized 
to 
accept 
and 
deliver 
on 
behalf 
of 
the 
City that 
certain 
Agreement 
between 
the 
City 
and 
Panhandle 
Engineering 
relating 
to 
the 
provision 
of 
construction, 
engineering 
and 
inspection 
services (CEI) 
to 
the 
City for 
the 
Tennessee 
Avenue 
Sidewalk Project, 
in 
substantially the 
form 
attached 
as Exhibit 
A 
and 
presented 
to 
the 
Commission 
today, 
with 
such 
changes, 
insertions or 
omissions as 
may 
be 
approved 
by the 
Mayor 
and 
Interim 
City Manager 
and 
whose 
execution 
shall 
be 
conclusive 
evidence 
of 
such 
approval. 


PASSED 
AND 
ADOPTED 
this 
_____ 
day of 
_______________, 
2026, 
by 
the 
LYNN 
HAVEN 
CITY 
COMMISSION 
meeting 
in 
regular 
session. 


CITY 
OF 
LYNN 
HAVEN, 
FLORIDA 


Dr. Dave Lowery, Mayor 
ATTEST: 

Chris Lightfoot, Interim City Manager 

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Interim City Manager Commissioners Sam Peebles | Pat Perno | Jamie Warrick | Judy Tinder Chris Lightfoot 
CITY OF LYNN HAVEN, FLORIDA 
Commission Agenda Report 
City Attorney Amy Myers 
Mayor Jesse Nelson 
I. Report in Brief: 
Background: 
91 
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CITY 
OF 
LYNN 
HAVEN, 
FLORIDA 


Commission 
Agenda 
Report 



II. 
Budgeted Amount: 
Project #: 
Date: 
:

III.Advertised: 



Background 
: 



IV. 
Alternatives: 
V. 
Attachments: 
Mayor 
Jesse 
Nelson 
Commissioners 
Sam 
Peebles 
| Pat 
Perno 
| Jamie 
Warrick 
| Judy 
Tinder 
Interim 
City 
Manager 
Chris 
Lightfoot 
City 
Attorney 
Amy 
Myers 


92

RESOLUTION 
2026-02-520 


A 
RESOLUTION 
OF 
THE 
CITY 
OF LYNN 
HAVEN, 
FLORIDA, 
APPROVING 
AN 
AGREEMENT WITH 
CHAPEL 
BRANCH 
AND 
LAGNIAPPE 
RELATING 
TO 
THE 
PROVISION 
OF DITCH 
DIGGING 
SERVICES 
TO 
THE 
CITY. 


WHEREAS, 
the 
City competitively advertised 
for 
swale 
and 
ditch 
digging 
and 
grading 
services; 
and 


WHEREAS, 
the 
City received 
10 
timely 
responses, 
not 
all 
of 
which 
were 
fully 
responsive 
to 
the 
City’s request; 
and 


WHEREAS, 
Staff 
recommends the 
City award 
the 
bid 
to 
Chapel 
Branch 
and 
Lagniappe, 
the 
lowest 
responsive 
and 
responsible 
bidder. 


NOW 
THEREFORE, 
BE 
IT 
RESOLVED 
that 
the 
appropriate 
officers 
of 
the 
City are 
authorized 
to 
accept 
and 
deliver 
on 
behalf 
of 
the 
City that 
certain 
Agreement 
between 
the 
City 
and 
Chapel 
Branch 
and 
Lagniappe 
relating 
to 
the 
provision 
of 
ditch 
digging 
services 
to 
the 
City, 
in 
substantially the 
form 
attached 
as 
Exhibit 
A 
and 
presented 
to 
the 
Commission 
today, 
with 
such 
changes, 
insertions or 
omissions as 
may 
be 
approved 
by the 
Mayor 
and 
Interim 
City Manager 
and 
whose 
execution 
shall 
be 
conclusive 
evidence 
of 
such 
approval. 


PASSED 
AND 
ADOPTED 
this _____ 
day of 
February 2026, 
by the 
LYNN 
HAVEN 
CITY 
COMMISSION 
meeting 
in 
regular 
session. 


CITY 
OF 
LYNN 
HAVEN, 
FLORIDA 


Dr. 
Dave 
Lowery, 
Mayor 
ATTEST: 


Chis Lightfoot, 
Interim 
City Manager 


93

AGREEMENT FOR 
CONTRACTOR 
SERVICES 
CITY 
OF LYNN 
HAVEN 
DITCH 
DIGGING 
SERVICES 
BID 
NUMBER 
25.26-09 


This Agreement 
made 
as of 
this ___day of 
February, 
2026, 
by and 
between 
the 
City 
of 
Lynn Haven, 
Florida 
-(the 
"CITY"), 
and 
CHAPEL 
BRANCH 
AND 
LAGNIAPPE, 
authorized 
to 
do 
business in 
the 
State 
of 
Florida 
(the 
"CONTRACTOR"), 
and 
whose 
address is 1556 
Brickyard 
Road, 
Chipley, 
FL 
32428. 


In 
consideration 
of 
the 
mutual 
promises 
contained 
herein, 
the 
CITY 
and 
the 
CONTRACTOR 
agree 
as follows: 


ARTICLE 
1 
-SERVICES 


A. 
City retains Contractor 
to 
diligently, 
competently, 
and 
timely perform 
such 
Ditch 
Digging 
and 
related 
services as the 
City may 
request, 
as City 
may authorized 
said 
services in 
individual 
tasks requested 
from 
time 
to 
time 
by the 
City, 
as more 
particularly described 
in 
the 
Scope 
of 
Work in 
City Bid 
package 
for 
the 
Ditch 
Digging Services 
-Bid Number 
25.26-09. 
B. 
Tasks requested 
shall 
be 
issued 
in 
substantially the 
form 
set 
forth 
in 
Exhibit 
A, 
attached 
and 
incorporated 
herein 
(the 
“Task 
Order”). 
Each 
Task Order 
shall 
be 
numbered 
and, 
upon 
its execution 
by both 
City and 
Contractor, 
shall 
be 
deemed 
to 
be 
incorporated 
into 
this Agreement. 
If 
a 
term 
in 
this Agreement 
conflicts with 
a 
term 
in 
a 
Task 
Order, 
the 
term 
in 
the 
Task 
Order 
shall 
control 
to 
the 
extent 
of 
the 
conflict, 
but 
only for 
that 
Task Order. 
C. 
Notwithstanding 
anything 
herein 
to 
the 
contrary, 
City is not 
required 
under 
this 
Agreement 
to 
authorize 
Contractor 
to 
perform 
any services, 
and 
nothing 
herein 
shall 
be 
construed 
as 
entitling 
Contractor 
to 
any work under 
this Agreement, 
except 
and 
to 
the 
extent 
such 
work is specifically authorized 
hereafter 
by City in 
a 
properly 
executed 
Task Order. 
ARTICLE 
2 
– 
SCHEDULE 
AND 
TERM 


A. 
The 
time 
schedule 
for 
Contractor’s 
performance 
of 
the 
required 
services under 
any 
particular 
Task 
Order 
shall 
be 
set 
forth 
in 
that 
Task Order. 
The 
services to 
be 
rendered 
by Contractor 
as to 
any 
particular 
Task Order 
shall 
commence 
upon 
execution 
of 
that 
Taks 
Order 
and 
Contractor’s receipt 
of 
written 
notice 
to 
proceed 
with 
such 
services from 
the 
City Manager 
or 
his designee. 
Contractor 
agrees to 
abide 
by the 
schedule 
for 
performance 
of 
the 
contracted 
services as 
set 
forth 
in 
the 
applicable 
Task 
Order. 
City 
may require 
specification 
of 
liquidated 
delay damages 
in 
a 
Task order. 
Failure 
to 
specify liquidated 
delay damages 
in 
a 
Task Order 
shall 
not 
relieve 
Contractor 
of 
liability for 
delays 
or 
other 
damages as 
provided 
by law. 
B. 
Unless terminated 
sooner 
pursuant 
to 
the 
provision 
of 
Article 
4, 
and 
subject 
to 
the 
availability of 
appropriated 
funds, 
this Agreement 
shall 
take 
effect 
immediately 
upon 
execution 
of 
the 
Agreement 
by both 
parties, 
and 
shall 
thereafter 
continue 
for 
a 
term 
of 
1 
year 
or 
the 
completion 
of 
all 
outstanding 
Task 
Orders, 
whichever 
is 
Page􀀃1 
of􀀃13 


94

later; 
provided, 
however, 
the 
term 
of 
this Agreement 
shall 
be 
renewable 
by the 
City, 
at 
its sole 
discretion, 
for 
up 
to 
two 
(2) 
additional 
one-year 
periods. 
Any renewal 
shall 
be 
exercised 
by the 
City by providing 
written 
notice 
to 
the 
Contractor 
at 
least 
sixty (60) 
days 
prior 
to 
the 
expiration 
of 
the 
then-current 
term. 
All 
renewal 
terms 
are 
subject 
to 
the 
annual 
appropriation 
and 
availability of 
funds as approved 
by the 
City Commission. 
In 
the 
event 
sufficient 
funds 
are 
not 
appropriated 
for 
any renewal 
term, 
the 
City may terminate 
this Agreement 
without 
penalty upon 
written 
notice 
to 
the 
Contractor. 


ARTICLE 
3 
-PAYMENTS 
TO 
CONTRACTOR 


A. 
The 
CITY 
shall 
pay to 
the 
CONTRACTOR 
for 
services satisfactorily performed 
pursuant 
to 
the 
following 
schedule, 
which 
includes all 
direct 
charges, 
indirect 
charges and 
reimbursable 
expenses, 
if 
any: 
Ditch 
digging 
with 
CONTRACTOR 
providing 
excavation 
equipment 
and 
operator 
with 
CONTRACTOR 
hauling 
material 
with 
CONTRACTOR 
dump 
truck and 
driver 
$
2.50 
per 
linear 
foot. 


The 
proposed 
fee 
shall 
be 
assumed 
to 
include 
all 
compensation 
that 
the 
City will 
owe 


Contractor 
for 
the 
subject 
services, 
including 
all 
reimbursable 
expenses, 
materials, 
labor 


and 
equipment 
necessary to 
perform 
such 
services. 


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TheCONTRACTORwillbilltheCITYmonthly.
B.Theinvoices receivedfromtheCONTRACTORpursuanttothis Agreementwillbereviewedandapprovedby theFINANCEDEPARTMENT,indicatingthatservices 
havebeenrenderedinconformity withtheAgreement,andthenprocessedforpayment.Theinvoicemustspecifythework performed.Invoices areduebythe23rdofeachmonth.
C.Inorderforbothparties hereintoclosetheirbooks andrecords,theCONTRACTORwillclearly state"finalinvoice"ontheCONTRACTOR'Sfinal/lastbillingtotheCITY.
This indicates thatallservices havebeenperformedandallchargesandcostshavebeeninvoicedtotheCITY.Sincethis accountwillthereuponbeclosed,anyandotherfurthercharges ifnotproperly includedonthis finalinvoiceshallbewaivedbytheCONTRACTOR.
D.CONTRACTORacknowledgesthatithasreviewedthescopeofwork andinspectedthework siteanddoesnotanticipatehavingany CONTRACTORrequestedchangeorders.
ARTICLE4-TERMINATIONA.TheCity may terminatethecontractresultingfromthis bidforConvenienceorCause.Ineithercase,allnoticesofterminationshallbehanddeliveredorsentviaU.S.Mail–CertifiedMail–ReturnReceiptRequested.Upontermination,theContractorshallpromptly delivertotheCity alldata,drawings,reportspecifications,
summaries andothersuchinformation,asmay havebeenaccumulatedby theContractorinperformingthis Agreement,whethercompletedorinprocess.
1.TerminationforConvenience.TheCity mayterminatethecontractresultingfromthis bidatany timeforany reasonbygivingatleastthirty (30)days writtennoticeoftermination.TheCity shallpay foralleligiblework performedtothedateofterminationuponreceiptofavalidinvoice.
2.TerminationofCause.IftheContractorfails tocomply withany oftheterms andconditions ofthecontractresultingfromthisbid,theCity may givenotice,inwriting,totheContractorofany oralldeficiencies claimed.Thenoticewillbesufficientforallpurposes ifitdescribesthedefaultingeneralterms.Ifalldefaultsarenotcuredandcorrectedwithinareasonableperiodas specifiedinthenotice,
theCity may,withnofurthernotice,declarethecontracttobeterminated.TheContractorwillthereafterby entitledtoreceivepaymentforthoseservicesreasonableperformedtothedateoftermination,lesstheamountofreasonabledamages sufferedby theCity by reasonortheContractor’s failuretocomply withthecontract.
B.Notwithstandingtheabove,theContractoris notrelievedofliability totheCity fordamages sustainedby theCity by virtueofany breachofthis Agreementby thecontractorandtheCity may withholdany payments totheContractorforthepurposeconditions ofthecontractresultingfromthisbid,theCity may givenotice,inwriting,totheContractorofany oralldeficiencies claimed.Thenoticewillbesufficientforallpurposes ifitdescribesthedefaultingeneralterms.Ifalldefaultsarenotcuredandcorrectedwithinareasonableperiodas specifiedinthenotice,
theCity may,withnofurthernotice,declarethecontracttobeterminated.TheContractorwillthereafterby entitledtoreceivepaymentforthoseservicesreasonableperformedtothedateoftermination,lesstheamountofreasonabledamages sufferedby theCity by reasonortheContractor’s failuretocomply withthecontract.
B.Notwithstandingtheabove,theContractoris notrelievedofliability totheCity fordamages sustainedby theCity by virtueofany breachofthis Agreementby thecontractorandtheCity may withholdany payments totheContractorforthepurpose
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96

of 
setoff 
until 
such 
time 
the 
amount 
of 
damages due 
to 
the 
City from 
the 
Contractor 
is determined. 


C. 
Unless the 
CONTRACTOR 
is in 
breach 
of 
this Agreement, 
the 
CONTRACTOR 
shall 
be 
paid 
for 
services rendered 
to 
the 
CITY'S 
satisfaction 
through 
the 
date 
of 
termination. 
After 
receipt 
of 
a 
termination 
notice 
and 
except 
as 
otherwise 
directed 
by 
the 
CITY 
the 
CONTRACTOR 
shall: 
1. 
Stop 
work on 
the 
date 
and 
to 
the 
extent 
specified. 
2. 
Terminate 
and 
settle 
all 
orders and 
subcontracts relating 
to 
the 
performance 
of 
the 
terminated 
work. 
3. 
Transfer 
all 
work in 
process, 
completed 
work, 
and 
other 
material 
related 
to 
the 
terminated 
work to 
the 
CITY. 
4. 
Continue 
and 
complete 
all 
parts of 
the 
work that 
have 
not 
been 
terminated. 
ARTICLE 
5 
-PERSONNEL 

The 
CONTRACTOR 
represents that 
it 
has or 
will 
secure 
at 
its own 
expense 
all 
necessary 
personnel 
required 
to 
perform 
the 
services under 
this Agreement. 
Such 
personnel 
shall 
not 
be 
employees 
of 
or 
have 
any 
contractual 
relationship 
with 
the 
CITY. 


All 
of 
the 
services required 
herein 
under 
shall 
be 
performed 
by the 
CONTRACTOR 
or 
under 
its supervision, 
and 
all 
personnel 
engaged 
in 
performing 
the 
services shall 
be 
fully qualified 
and, 
if 
required, 
authorized 
or 
permitted 
under 
State 
and 
local 
law 
to 
perform 
such 
services. 
The 
CONTRACTOR 
warrants that 
all 
services 
shall 
be 
performed 
by 
skilled 
and 
competent 
personnel 
to 
the 
highest 
professional 
standards in 
the 
field. 


ARTICLE 
6 
-SUBCONTRACTING 
The 
CITY 
reserves the 
right 
to 
accept 
the 
use 
of 
a 
subcontractor 
or 
to 
reject 
the 
selection 
of 
a 
particular 
subcontractor 
and 
to 
inspect 
all 
facilities of 
any subcontractors in 
order 
to 
make 
a 
determination 
as to 
the 
capability of 
the 
subcontractor 
to 
perform 
properly under 
this Agreement. 
The 
CONTRACTOR 
is encouraged 
to 
seek minority and 
women 
business 
enterprises for 
participation 
in 
subcontracting 
opportunities. 


If 
a 
subcontractor 
fails to 
perform 
or 
make 
progress, 
as required 
by 
this Agreement, 
and 
it 
is necessary to 
replace 
the 
subcontractor 
to 
complete 
the 
work in 
a 
timely fashion, 
the 
CONTRACTOR 
shall 
promptly do 
so, 
subject 
to 
acceptance 
of 
the 
new 
subcontractor 
by 
the 
CITY. 


ARTICLE 
7 
-FEDERAL 
AND 
STATE 
TAX 
The 
CONTRACTOR 
shall 
be 
responsible 
for 
payment 
of 
its own 
FICA 
and 
Social 
Security 
benefits with 
respect 
to 
this Agreement 
and 
the 
personnel 
it 
employs. 


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ARTICLE 
8 
-INSURANCE 
& 
BONDS 


A. 
The 
CONTRACTOR 
shall 
not 
commence 
work under 
this Agreement 
until 
it 
has 
obtained 
all 
insurance 
and 
bonds required 
under 
this paragraph 
and 
such 
insurance 
has been 
verified 
by the 
CITY. 
B. 
All 
insurance 
policies shall 
be 
issued 
by companies authorized 
to 
do 
business under 
the 
laws of 
the 
State 
of 
Florida. 
The 
CONTRACTOR 
shall 
maintain, 
during 
the 
life 
of 
this Agreement, 
comprehensive 
automobile 
liability insurance 
in 
the 
amount 
of 
$1,000,000 
and 
$2,000,000 
combined 
single 
limit 
for 
property damage 
and 
bodily injury liability covering 
claims which 
may arise 
from 
the 
ownership, 
use, 
or 
maintenance 
of 
owned 
and 
non-owned 
automobiles, 
including 
rented 
automobiles, 
whether 
such 
operations 
be 
by 
the 
CONTRACTOR 
or 
by anyone 
directly 
or 
indirectly employed 
by 
the 
CONTRACTOR. 
CONTRACTOR 
shall 
purchase 
and 
maintain 
a 
policy or 
policies of 
commercial 
general 
liability insurance 
satisfactory in 
all 
respects to 
CITY, 
and 
casualty 
and 
extended 
coverage 
insurance. 
All 
policies shall 
be 
occurrence 
form 
policies 
and 
shall 
name 
CITY 
as an 
additional 
insured, 
with 
the 
premium 
thereon 
fully paid 
by 
CONTRACTOR 
on 
or 
before 
their 
due 
date. 
The 
general 
liability insurance 
policy shall 
afford 
minimum 
protection 
of 
$1,000,000 
and 
$2,000,000 
combined 
single 
limit 
coverage 
for 
bodily 
injury. 


Required 
insurance 
shall 
be 
documented 
in 
Certificates of 
Insurance 
which 
provide 
that 
CITY 
shall 
be 
notified 
at 
least 
30 
days in 
advance 
of 
cancellation, 
non-renewal 
or 
adverse 
change. 
New 
Certificates 
of 
Insurance 
are 
to 
be 
provided 
to 
CITY 
at 
least 
15 
days prior 
to 
coverage 
renewals. 
City of 
Lynn 
haven, 
Florida 
is to 
be 
named 
as an 
additional 
insured 
entity. 


If 
requested 
by CITY, 
CONTRACTOR 
shall 
furnish 
complete 
copies of 
its insurance 
policies, 
forms and 
endorsements. 
For 
commercial 
general 
liability coverage, 
CONTRACTOR 
shall, 
at 
the 
option 
of 
CITY, 
provide 
an 
indication 
of 
the 
amount 
of 
claims, 
payments 
or 
reserves chargeable 
to 
the 
aggregate 
amount 
of 
liability coverage. 
Receipt 
of 
certificates or 
other 
documentation 
of 
insurance 
or 
policies or 
copies of 
policies 
by CITY, 
or 
by 
any 
of 
its representatives, 
which 
indicate 
less coverage 
than 
required 
does 
not 
constitute 
a 
waiver 
of 
CONTRACTOR'S 
obligation 
to 
fulfill 
the 
insurance 
requirements 
herein. 


CONTRACTOR 
shall 
also 
purchase 
and 
maintain 
workers compensation 
insurance 
for 
all 
obligations 
imposed 
by law, 
with 
employer's liability limits of 
at 
least 
the 
statutory 
limit, 
or 
provide 
notarized 
affidavit 
of 
exemption 
listing 
relevant 
statutes. 
CONTRACTOR 
shall 
also 
purchase 
any other 
coverage 
required 
by law. 


CONTRACTOR'S 
maintenance 
of 
the 
insurance 
policies required 
hereunder 
shall 
not 
limit 
or 
otherwise 
affect 
its liability hereunder. 


C. 
In 
the 
event 
that 
a 
performance 
or 
payment 
bond 
is required 
due 
to 
use 
of 
grant 
funds 
for 
the 
project, 
by 
City Commission 
or 
as 
otherwise 
required, 
the 
CONTRACTOR 
shall 
not 
commence 
work under 
this Agreement 
until 
it 
has obtained 
the 
required 
bonds and 
provided 
such 
bonds 
to 
the 
CITY. 
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ARTICLE 
9 
-EXCUSABLE 
DELAYS 


The 
CONTRACTOR 
shall 
not 
be 
considered 
in 
default 
by reason 
of 
any failure 
in 
performance 
if 
such 
failure 
arises out 
of 
causes reasonably beyond 
the 
CONTRACTOR'S 
control 
and 
without 
its 
fault 
or 
negligence. 
Such 
causes may include, 
but 
are 
not 
limited 
to: 
acts of 
God; 
the 
City's omissive 
and 
commissive 
failures; 
natural 
or 
public health 
emergencies; 
labor 
disputes; 
freight 
embargoes; 
and 
severe 
weather 
conditions. 
If 
failure 
to 
perform 
is caused 
by the 
failure 
of 
the 
CONTRACTOR'S 
subcontractor(s) 
and 
is without 
the 
fault 
or 
negligence 
of 
them, 
the 
CONTRACTOR 
shall 
not 
be 
deemed 
to 
be 
in 
default. 


Upon 
the 
CONTRACTOR'S 
request, 
the 
CITY 
shall 
consider 
the 
facts and 
extent 
of 
any 
failure 
to 
perform 
the 
work and, 
if 
the 
CONTRACTOR'S 
failure 
to 
perform 
was without 
its 
fault 
or 
negligence 
as determined 
by the 
CITY, 
any affected 
provision 
of 
this Agreement 
shall 
be 
revised 
accordingly; 
subject 
to 
the 
CITY's rights to 
change, 
terminate, 
or 
stop 
any or 
all 
of 
the 
work at 
any time. 


ARTICLE 
10 
-LIQUIDATED 
DAMAGES 


Liquidated 
damages shall 
be 
paid 
to 
the 
CITY 
at 
the 
rate 
of 
$200 
per 
day for 
all 
work awarded 
but 
not 
performed 
under 
the 
contract 
until 
the 
work has been 
satisfactorily completed 
as 
provided 
by the 
Contract 
Documents. 
Sundays and 
Legal 
Holidays shall 
be 
excluded 
in 
determining 
days 
in 
default. 
It 
is agreed 
that 
the 
amount 
is the 
per-diem 
rate 
for 
damage 
incurred 
by reason 
of 
failure 
to 
complete 
the 
work. 
The 
said 
amount 
is hereby agreed 
upon 
as 
the 
reasonable 
costs which 
may be 
accrued 
by 
the 
CITY 
after 
the 
expiration 
of 
the 
time 
of 
completion. 
It 
is expressly 
understood 
and 
agreed 
that 
this amount 
is not 
to 
be 
considered 
in 
the 
nature 
of 
a 
penalty, 
but 
as liquidated 
damages which 
have 
accrued 
against 
the 
CONTRACTOR. 
The 
CITY 
shall 
have 
the 
right 
to 
deduct 
such 
damages 
from 
any amount 
due, 
or 
that 
may 
become 
due 
the 
CONTRACTOR, 
or 
the 
amount 
of 
such 
damages shall 
be 
due 
and 
collectable 
from 
the 
CONTRACTOR 
or 
Surety. 


ARTICLE 
11 
-ARREARS 


The 
CONTRACTOR 
shall 
not 
pledge 
the 
CITY'S 
credit 
or 
make 
it 
a 
guarantor 
of 
payment 
or 
surety for 
any contract, 
debt, 
obligation, 
judgment, 
lien, 
or 
any form 
of 
indebtedness. 


ARTICLE 
12 
– 
COMPLIANCE 
WITH 
FEDERAL, 
STATE 
AND 
LOCAL 
LAWS 


In 
the 
performance 
of 
its services hereunder, 
Contractor 
and 
all 
of 
its work product 
shall 
comply with 
all 
Federal, 
State, 
and 
local 
laws, 
rules, 
regulations and 
ordinances applicable 
to 
the 
work or 
payment 
for 
work 
thereof. 
Contractor 
shall 
not 
discriminate 
on 
the 
grounds 
of 
race, 
color, 
religion, 
sex, 
or 
national 
origin 
in 
its performance 
of 
work 
under 
this Agreement. 


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ARTICLE 
13--PUBLIC 
RECORDS 
LAW. 
CONTRACTOR 
acknowledges that 
it 
is familiar 
with 
the 
provisions 
of 
the 
Public Records 
Law 
of 
the 
State 
of 
Florida. 


CONTRACTOR 
agrees to 
comply with 
Chapter 
119, 
Florida 
Statutes, 
and 
specifically per 
Florida 
Statute 
119.0701, 
CONTRACTOR 
agrees to 
keep 
and 
maintain 
public records that 
would 
be 
required 
by the 
City of 
Lynn 
Haven 
in 
order 
to 
perform 
the 
services provided 
for 
in 
this Agreement; 
CONTRACTOR 
agrees to 
provide 
public access 
to 
any required 
public 
records in 
the 
same 
manner 
as a 
public agency; 
CONTRACTOR 
agrees to 
protect 
exempt 
or 
confidential 
records from 
disclosure; 
CONTRACTOR 
agrees 
to 
meet 
public records 
retention 
requirement; 
and 
CONTRACTOR 
agrees that 
at 
the 
end 
of 
term 
of 
this Agreement, 
to 
transfer 
all 
public records to 
the 
City of 
Lynn 
haven 
and 
destroy any duplicate 
exempt 
or 
confidential 
public records. 


All 
products generated 
by the 
CONTRACTOR 
for 
the 
CITY 
become 
the 
property of 
the 
CITY. 
The 
CITY 
may 
require 
submission 
of 
any electronic file 
version 
of 
reports, 
data, 
maps or 
other 
submission 
of 
documentation 
produced 
for 
or 
as a 
result 
of 
this Bid/Proposal 
in 
addition 
to 
paper 
documents. 


Further, 
in 
accordance 
with 
the 
Public Records Laws of 
the 
State 
of 
Florida, 
Section 
119.0701, 
(2021), 
Contractor 
must: 


A. 
Keep 
and 
maintain 
public records that 
ordinarily and 
necessarily would 
be 
required 
by the 
public agency in 
order 
to 
perform 
the 
service. 
B. 
Provide 
the 
public with 
access to 
public records on 
the 
same 
terms and 
conditions 
that 
the 
public agency would 
provide 
the 
records and 
at 
a 
cost 
that 
does not 
exceed 
the 
cost 
provided 
in 
this chapter 
or 
as otherwise 
provided 
by law. 
C. 
Ensure 
that 
public records that 
are 
exempt 
or 
confidential 
and 
exempt 
from 
public 
records are 
not 
disclosed 
except 
as authorized 
by law. 
D. 
Meet 
all 
requirements 
for 
retaining 
public records and 
transfer, 
at 
no 
cost, 
to 
the 
public agency 
all 
public records in 
possession 
of 
the 
contractor 
upon 
termination 
of 
the 
contract 
and 
destroy any duplicate 
public records that 
are 
exempt 
or 
confidential 
and 
exempt 
from 
public record 
disclosure 
requirements. 
All 
records 
stored 
electronically must 
be 
provided 
to 
the 
public agency in 
a 
format 
that 
is compatible 
with 
the 
information 
technology systems of 
the 
public agency. 
E. 
If 
a 
contractor 
does not 
comply with 
a 
public records request, 
the 
public agency shall 
enforce 
the 
contract 
provision 
in 
accordance 
with 
the 
contract. 
All 
covenants, 
agreements, 
representations, 
and 
warranties made 
herein, 
or 
otherwise 
made 
in 
writing 
by any party pursuant 
hereto 
shall 
survive 
the 
execution 
and 
delivery of 
this 
Agreement 
and 
the 
consummation 
of 
the 
transactions contemplated 
hereby. 


IF THE 
CONTRACTOR 
HAS 
QUESTIONS 
REGARDING 
THE 
APPLICATION 
OF 
CHAPTER 
119, 
FLORIDA 
STATUTES, 
TO 
THE 
CONTRACTOR'S 
DUTY 
TO 
PROVIDE 
PUBLIC 
RECORDS 
RELATING 
TO 
THIS 
CONTRACT, 
CONTACT 
THE 
CUSTODIAN 
OF 
PUBLIC 
RECORDS 
AT 850-265


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PUBLICRECORDSREQUEST@CITYOFLYNNHAVEN.COM 



AVENUE, 
LYNN 
HAVEN, 
FL 
32444. 


ARTICLE 
14 
-INDEPENDENT CONTRACTOR 
RELATIONSHIP 


The 
CONTRACTOR 
is, 
and 
shall 
be, 
in 
the 
performance 
of 
all 
work 
services and 
activities 
under 
this Agreement, 
an 
independent 
contractor, 
and 
not 
an 
employee, 
agent, 
or 
servant 
of 
the 
CITY. 
All 
persons engaged 
in 
any 
of 
the 
work or 
services performed 
pursuant 
to 
this 
Agreement 
shall 
at 
all 
times, 
and 
in 
all 
places, 
be 
subject 
to 
the 
CONTRACTOR'S 
sole 
direction, 
supervision, 
and 
control. 
The 
CONTRACTOR 
shall 
exercise 
control 
over 
the 
means and 
manner 
in 
which 
it 
and 
its employees perform 
the 
work, 
and 
in 
all 
respects the 
CONTRACTOR'S 
relationship 
and 
the 
relationship 
of 
its 
employees to 
the 
CITY 
shall 
be 
that 
of 
an 
independent 
contractor 
and 
not 
as employees or 
agents 
of 
the 
CITY. 


The 
CONTRACTOR 
does not 
have 
the 
power 
or 
authority to 
bind 
the 
CITY 
in 
any 
promise, 
agreement 
or 
representation. 


The 
CONTRACTOR 
shall 
hold 
the 
CITY, 
its officers, 
agents and 
employees 
harmless and 
free 
from 
any loss, 
damage 
or 
expense 
arising 
out 
of 
any occurrence 
relating 
to 
this 
Agreement 
or 
its 
performance 
and 
shall 
indemnify 
the 
CITY, 
its officers, 
agents and 
employees, 
customers, 
and 
successors 
against 
any damage 
or 
claim 
of 
any 
type 
arising 
from 
the 
negligent 
or 
intentional 
acts or 
omission 
of 
the 
CONTRACTOR. 


ARTICLE 
15 
-CONTRACT ASSIGNMENT 


The 
CONTRACTOR 
shall 
not 
assign 
any interest 
in 
this Agreement, 
and 
shall 
not 
transfer 
any interest 
in 
the 
same, 
whether 
by 
assignment 
or 
novation, 
without 
the 
prior 
written 
approval 
of 
the 
City. 


ARTICLE 
16 
-AMENDMENT 


None 
of 
the 
provisions, 
terms and 
conditions contained 
in 
this Agreement 
may be 
added 
to, 
modified, 
superseded 
or 
otherwise 
altered, 
except 
by a 
written 
instrument 
executed 
by 
the 
parties hereto. 


ARTICLE 
17 
-ENFORCEMENT COSTS 


If 
any 
legal 
action 
or 
other 
proceeding 
is 
brought 
for 
the 
enforcement 
of 
this Agreement, 
or 
because 
of 
an 
alleged 
dispute, 
breach, 
default, 
or 
misrepresentation 
in 
connection 
with 
any 
provision, 
the 
successful 
or 
prevailing 
party or 
parties shall 
be 
entitled 
to 
recover 
reasonable 
attorney's fees, 
court 
costs and 
all 
expenses even 
if 
not 
taxable 
as court 
costs (including, 
without 
limitation, 
all 
such 
fees, 
costs and 
expenses incident 
to 
appeals), 
incurred 
in 
that 
action 
or 
proceeding, 
in 
addition 
to 
any other 
relief 
to 
which 
such 
party or 
parties may be 
entitled. 


ARTICLE 
18 
-AUTHORITY 
TO 
PRACTICE 


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The 
CONTRACTOR 
hereby represents and 
warrants that 
it 
has and 
will 
continue 
to 
maintain 
all 
licenses 
and 
approvals required 
to 
conduct 
its business, 
and 
that 
it 
will 
at 
all 
times conduct 
its business activities in 
a 
reputable 
manner. 


ARTICLE 
19 
-SEVERABILITY 


If 
any term 
or 
provision 
on 
this Agreement, 
or 
the 
application 
thereof 
to 
any 
person 
or 
circumstances shall, 
to 
any extent, 
be 
held 
invalid 
or 
unenforceable, 
the 
remainder 
of 
this 
Agreement, 
or 
the 
application 
of 
such 
terms or 
provisions to 
persons 
or 
circumstances other 
than 
those 
as to 
which 
it 
is held 
invalid 
or 
unenforceable, 
shall 
not 
be 
affected, 
and 
every 
other 
term 
and 
provision 
of 
this Agreement 
shall 
be 
deemed 
valid 
and 
enforceable 
to 
the 
extent 
permitted 
by 
law. 


ARTICLE 
20 
-CITY'S 
REPRESENTATIVE 
AND 
AUTHORITY 


The 
person 
designated 
by the 
CITY 
MANAGER 
shall 
serve 
as the 
CITY'S 
REPRESENTATIVE 
and 
shall 
decide 
questions which 
may arise 
as to 
quality and 
acceptability of 
materials furnished 
and 
work 
performed, 
and 
shall 
interpret 
the 
intent 
of 
the 
Contract 
Documents 
with 
reasonable 
promptness. 


The 
REPRESENTATIVE 
will 
not 
be 
responsible 
for 
the 
construction 
means, 
controls, 
techniques, 
sequences, 
procedures, 
or 
construction 
safety. 


The 
REPRESENTATIVE 
may assign 
Project 
Inspector(s) 
who 
shall 
serve 
to 
assist 
the 
REPRESENTATIVE 
in 
determining 
if 
the 
work performed 
and 
the 
materials used 
meet 
the 
Contract 
requirements. 
The 
Project 
Inspector 
shall 
be 
authorized 
to 
issue 
Field 
Orders. 
The 
Project 
Inspector 
shall 
be 
authorized 
to 
stop 
all 
or 
any portion 
of 
the 
work if 
in 
his opinion 
the 
work is not 
proceeding 
according 
to 
the 
requirements of 
the 
plans and 
specifications. 


ARTICLE 
21 
-MODIFICATION 


The 
CITY 
reserves the 
right 
to 
make 
changes in 
the 
work, 
including 
alterations, 
reductions 
therein 
or 
additions 
thereto. 
Upon 
receipt 
by 
the 
CONTRACTOR 
of 
the 
CITY'S 
notification 
of 
a 
contemplated 
change, 
the 
CONTRACTOR 
shall 
(1) 
if 
requested 
by 
CITY, 
provide 
an 
estimate 
for 
the 
increase 
or 
decrease 
in 
cost 
due 
to 
the 
contemplated 
change, 
(2) 
notify the 
CITY 
of 
any estimated 
change 
in 
the 
completion 
date, 
and 
(3) 
advise 
the 
CITY 
in 
writing 
if 
the 
contemplated 
change 
shall 
affect 
the 
CONTRACTOR'S 
ability to 
meet 
the 
completion 
dates 
or 
schedules of 
this Agreement. 


If 
the 
CITY 
so 
instructs 
in 
writing, 
the 
CONTRACTOR 
shall 
suspend 
work on 
that 
portion 
of 
the 
work affected 
by a 
contemplated 
change, 
pending 
the 
CITY'S 
decision 
to 
proceed 
with 
the 
change. 


If 
the 
CITY 
elects to 
make 
the 
change, 
the 
CITY 
shall 
issue 
a 
contract 
amendment 
or 
change 
order 
and 
the 
CONTRACTOR 
shall 
not 
commence 
work on 
any such 
change 
until 
such 
written 
amendment 
or 
change 
order 
has been 
issued 
and 
signed 
by 
each 
of 
the 
parties. 


102
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ARTICLE 
22 
-CONTRACT DOCUMENTS 


The 
other 
documents which 
comprise 
the 
entire 
Agreement 
are 
attached 
hereto, 
made 
a 
part 
hereof 
and 
consist 
of 
the 
following: 


A. 
Legal 
Advertisement 
for 
Invitation 
to 
Bid, 
B. 
Bid 
Package, 
C. 
Bid 
Forms: 
• 
Bid 
Form 
• 
Drug-Free 
Workplace 
Form 
• 
Public Entity Crime 
Statement 
• 
Anti-Collusion 
Statement 
• 
Conflict 
of 
Interest 
Statement 
D. 
Performance 
& 
Payments Bonds (if 
required), 
E. 
Change 
Orders (if 
any), 
F. 
Notice 
of 
Award 
G. 
Notice 
to 
Proceed 
H. 
Engineered 
Drawings, 
if 
required, 
In 
the 
event 
of 
a 
conflict 
between 
the 
terms of 
the 
above 
documents and 
the 
terms of 
this 
Agreement, 
the 
terms of 
this Agreement 
shall 
prevail. 
There 
are 
no 
contract 
documents other 
than 
those 
listed 
above 
and 
there 
are 
no 
promises 
or 
understandings 
other 
than 
those 
stated 
herein. 


103
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of􀀃13 



ARTICLE 
23 
-VENUE 


All 
applicable 
laws, 
regulations and 
ordinances of 
the 
State 
of 
Florida, 
Bay County and 
the 
City of 
Lynn 
Haven 
will 
apply to 
consideration 
and 
award 
of 
any 
Bid/Proposal 
and 
the 
performance 
of 
the 
bidder/proposal 
pursuant 
thereto, 
and 
shall 
be 
governed 
by the 
laws 
of 
the 
State 
of 
Florida 
both 
as to 
intention 
and 
performance. 
The 
venue 
for 
any 
action 
arising 
from 
the 
award 
or 
subsequent 
performance 
shall 
lie 
exclusively in 
the 
Circuit 
Court 
of 
Bay 
County, 
Florida, 
or 
the 
United 
States District 
Court 
for 
the 
Northern 
District 
of 
Florida, 
as 
applicable. 


ARTICLE 
24 
-NOTICE 


All 
notices 
required 
in 
this Agreement 
shall 
be 
sent 
by certified 
mail, 
return 
receipt 
requested, 
and 
if 
sent 
to 
the 
CITY 
shall 
be 
mailed 
to: 


CITY 
OF LYNN 
HAVEN 


Attn: 
City Manager 
825 
Ohio 
Avenue 
Lynn 
Haven, 
Florida 
32444 
Email 
Address: 
TBD 


With 
a 
copy to: 
City Attorney 
Hand 
Arendall 
Harrison 
Sale 


P.O. 
Drawer 
1579 
Panama 
City, 
FL 
32402 
Phone: 
(850) 
769-3434 
Fax: 
(850) 
769-6121 
and 
if 
sent 
to 
the 
CONTRACTOR 
shall 
be 
mailed 
to: 
104
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of􀀃13 



CHAPEL 
BRANCH 
AND 
LAGNIAPPE 


CARY 
LIPFORD 
1556 
Brickyard 
Road, 
Chipley, 
FL 
32428 
850-691-6578 


Either 
party may 
change 
its 
address noted 
above 
by 
giving 
written 
notice 
to 
the 
other 
party 
in 
accordance 
with 
the 
requirements 
of 
the 
Section. 


REMAINDER 
OF PAGE 
INTENTIONALLY 
LEFT BLANK 


105
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of􀀃13 



This Agreement 
is entered 
into 
as of 
the 
day and 
year 
first 
written 
above 
and 
is executed 
in 
at 
least 
two 
original 
copies of 
which 
one 
is to 
be 
delivered 
to 
the 
CONTRACTOR, 
and 
one 
to 
the 
CITY 
CLERK 
for 
filing 
in 
the 
official 
records. 


CITY 
OF LYNN 
HAVEN, 
FLORIDA 
Attest: 


______________________ 
__________________________ 
Chris Lightfoot 
Dave 
Lowery, 
Mayor 
City Manager/Clerk 

Contractor 
Witnesses: 
Contractor: 
CHAPEL 
BRANCH 
& 
LAGNIAPPE 
(Two 
Required) 


Witness: 
_____________________ 
________________________ 


By: 


Its: 


Witness: 
__________________________ 


APPROVED 
AS 
TO 
FORM 
FOR 
THE 
RELIANCE 
OF THE 
CITY 
OF LYNN 
HAVEN 
ONLY: 


CITY 
ATTORNEY 


106
Page􀀃13 
of􀀃13 



COMBINED 
TASK 
ORDER 
AND 
NOTICE 
TO 
PROCEED 


TASK 
ORDER 
NO. 
_______ 
DATE: 


Reference 
is 
made 
to 
that 
certain 
AGREEMENT BETWEEN 
CITY 
OF LYNN 
HAVEN 
AND 
CHAPEL 
BRANCH 
AND 
LAGNIAPPE 
(the 
“Contractor”) 
RELATING 
TO 
DITCH 
DIGGING 
SERVICES 
dated 
_February 
_, 
2026, 
(the 
“Agreement”), 
the 
terms, 
conditions, 
and 
definitions 
of 
which 
are 
incorporated 
herein 
as if 
set 
forth 
in 
full. 
Neither 
party is in 
breach 
of 
the 
Agreement. 


Pursuant 
to 
the 
Agreement, 
Contractor 
agrees 
to 
perform 
the 
following 
specific tasks 
related 
to 
Ditch 
Digging 
Services—Bid Number 
25.26-09: 


[] 


Work 
shall 
be 
completed 
within 
____ 
[calendar/business] 
days. 
Liquidated 
delay 
damages, 
if 
any, 
are 
set 
at 
the 
rate 
of 
$____ 
per 
day. 
There 
are 
no 
additional 
rights and 
obligations related 
to 
this 
Task Order 
other 
than 
as specified 
in 
the 
Agreement. 


Upon 
execution 
of 
this task order 
by 
both 
Contractor 
and 
City, 
Contractor 
is 
directed 
to 
proceed. 


IN 
WITNESS 
WHEREOF the 
parties have 
caused 
these 
presents 
to 
be 
executed 
in 
their 
names on 
the 
date 
shown. 


Witness: 
CHAPEL 
BRANCH 
AND 
LAGNIAPPE 


By: 
Date: 
Its: 


CITY 
OF 
LYNN 
HAVEN 
ATTEST: 
By: 
Date: 
Mayor 
City Manager-Clerk 


107

Paper (P) or 
OpenBids 
(OB) 
Addendum 
Acknowledge 
ment 
Bid/Proposal 
Form 
Drug-Free 
Workplace 
Public Entity 
Crimes 
Statement 
Anti- 
Collusion 
Statement 
Conflict of 
Interest 
Statement 
Cert. 
regarding 
Debarment, 
Suspension, 
etc. 
Use of 
Coercion and 
Foreign 
Countries 
Proof of 
Insurance 
108

Commissioners Sam Peebles | Pat Perno | Jamie Warrick | Judy Tinder Interim City 
CITY OF LYNN HAVEN, FLORIDA 
Commission Agenda Report 
Mayor 
Manager Chris Lightfoot 
City Attorney Amy Myers 
Requested Action: 
I. Report in Brief: 
Background: 
Recommendation: 
109 
12

CITY 
OF 
LYNN 
HAVEN, 
FLORIDA 


Commission 
Agenda 
Report 



Project #:
II. 
Budgeted Amount: 
How/Means: 


III.Advertised: 
Date: 



IV. 
Alternatives: 
V. 
Attachments: 
Mayor 
Commissioners 
Sam 
Peebles 
| Pat 
Perno 
| Jamie 
Warrick 
| Judy 
Tinder 
Interim 
City 
Manager 
Chris 
Lightfoot 
City 
Attorney 
Amy 
Myers 


110

RESOLUTION NO. 
2026-02-521 
A RESOLUTION OF 
THE 
CITY 
OF 
LYNN HAVEN, 
FLORIDA; 
APPROVING 
AN AGREEMENT 
WITH YATES 
PLUMBING 
FOR 
SERVICES 
RELATING 
TO 
OPERATION 
OF 
THE 
CITY’S 
WASTEWATER 
TREATMENT 
PLANT. 


WHEREAS, 
on 
October 
28, 
2025, 
following a competitive solicitation, 
the 
City approved 
a 
contract 
with 
Yates Plumbing 
and 
Utility Service, 
Inc., 
to 
staff 
the City’s 
wastewater treatment 
plant 
with licensed workers, 
in 
a 
not 
to 
exceed 
amount 
of 
$52,000; 
and 

WHEREAS, 
since 
that 
time, 
the 
City 
remains unable 
to 
fully staff 
the 
plant 
with 
City 
workers, 
and is approaching 
the 
budget 
limit 
set 
by the 
Commission; 
and 

WHEREAS, 
staff 
requests 
additional funds 
be approved for 
this 
contract, 
so 
that 
Yates can continue to 
staff 
the WWTP 
for 
the remainder 
of 
the fiscal year. 


BE 
IT 
RESOLVED 
by 
the City 
Commission of 
the City of 
Lynn Haven 
that 
it 
hereby approves 
the 
appropriation of 
additional funds for the Yates 
Plumbing 
and 
Utility Services, 
in 
an amount 
not 
to 
exceed 
One Hundred Ten 
Thousand 
Dollars 
($110,000). 


THIS 
RESOLUTION 
shall 
be 
effective 
immediately 
upon passage. 


PASSED 
AND 
ADOPTED 
this _____ day of 
______________, 
2026, 
by the 
LYNN 
HAVEN 
CITY 
COMMISSION meeting 
in 
regular session. 


CITY 
OF 
LYNN HAVEN, 
FLORIDA 

Dr. 
Dave Lowery, 
Mayor 
ATTEST: 


Chris 
Lightfoot, 
Interim City Manager 

111

Commissioners Sam Peebles | Pat Perno | Jamie Warrick | Judy Tinder Interim City 
CITY OF LYNN HAVEN, FLORIDA 
Commission Agenda Report 
Mayor 
Manager Chris Lightfoot 
City Attorney Amy Myers 
Requested Action: 
I. Report in Brief: 
Background: 
Recommendation: 
112 
13

CITY 
OF 
LYNN 
HAVEN, 
FLORIDA 


Commission 
Agenda 
Report 



Project #:
II. 
Budgeted Amount: 
How/Means: 


III.Advertised: 
Date: 



IV. 
Alternatives: 
V. 
Attachments: 
Mayor 
Commissioners 
Sam 
Peebles 
| Pat 
Perno 
| Jamie 
Warrick 
| Judy 
Tinder 
Interim 
City 
Manager 
Chris 
Lightfoot 
City 
Attorney 
Amy 
Myers 


113

RESOLUTION 
2026-02-522 

A 
RESOLUTION OF 
THE 
CITY 
OF 
LYNN 
HAVEN, 
FLORIDA, 
APPROVING 
A 
THREE-YEAR 
EXTENSION 
OF 
THE 
CITY’S 
AGREEMENT 
WITH WASTE 
PRO 
FOR 
COMMERCIAL 
GARBAGE 
PICKUP 
SERVICES. 


WHEREAS, 
on 
June 
27, 
2023, 
the 
City entered into a 
three-year agreement 
with 
Waste Pro for commercial garbage pickup, 
following a competitively advertised 
solicitation for 
those 
services, 
which Agreement 
is 
attached as Exhibit 
A; 
and 

WHEREAS, 
Waste 
Pro’s contract 
is set 
to 
expire 
on July 31, 
2026, 
but 
provides for a one-time, 
three-year 
renewal 
at 
the 
Contractor’s 
option 
with 
the 
City’s 
consent, 
and 
Waste Pro has 
timely exercised the option to renew, 
which notice 
is 
attached 
as Exhibit 
B; 
and 

WHEREAS, 
City staff 
recommends the City consent 
to the renewal. 


NOW 
THEREFORE, 
BE 
IT 
RESOLVED THAT 
the 
City Commission 
of 
the 
City of 
Lynn 
Haven 
hereby consents 
to 
the 
three-year 
extension 
of 
the 
City’s 
Agreement 
with Waste 
Pro for commercial garbage services, 
as 
provided 
in 
Section 
2 of 
that 
Agreement. 


PASSED AND ADOPTED this 
_____ 
day of 
_______________, 
2026, 
by 
the 
LYNN HAVEN 
CITY 
COMMISSION 
meeting 
in 
regular session. 


CITY 
OF 
LYNN 
HAVEN, 
FLORIDA 


Dr. 
Dave 
Lowery, 
Mayor 
ATTEST: 


Chris Lightfoot, 
Interim City Manager 


114

115

116

117

118

119

120

121

122

123

124

125

CITY OF LYNN HAVEN 


Check Reconciliation (Filtered) 
17A 


C Check # Vendor NameAmount Check Date Clear Date
N 403260 19668 DEWBERRY 
25,429.50 02/13/2026 
N 403271 554 JIM HOUSE & ASS 
11,403.00 02/13/2026 
N 403279 17278 RUPPERT LANDSCA 
30,986.58 02/13/2026 
N 771882 153 GENERAL EMPLOYE 
51,590.33 02/04/2026 
N 771895 
30 BAY COUNTY WATE 
34,444.80 02/13/2026 
N 771914 21333 ECR 
10,975.65 02/13/2026 
N 771922 172 FPL - FLORIDA P 
85,031.31 02/13/2026 
N 771957 30969 SUTPHEN CORPORA 1,036,122.00 02/13/2026 
** END OF REPORT - Generated by Kiki Roman ** 


Report generated: 02/18/2026 12:16 


Page

User: 
1049kroman 
Program ID: 
apchkrcn 


126