MEXICOBEACH  CITY COUNCIL REGULAR MEETING TUESDAY,JANUARY, 23, 2024 AT 6:001 P.M. PUBLIC WORKS BUILDING Mayor, Michelel Miller  Councilman, Jerry Smith Councilwoman, Linda Hamilton Clint McCahill, City Attorney  Councilman, Adrian Welle Councilman, Richard Wolff Tammy Brunson, City Clerk  Chris Hubbard, City Administrator  This meeting will be live streamed on the City of Mexico Beach Government Facebook page. If you have any questions or comments on the agenda, please email them up to 21 hours prior to meeting at IvameNicobeanlgov.  I. II.  CALLTOORDER INVOCATION  III. PLEDGEC OF ALLEGIANCE IV. ROLLCALL V.  MAYOR COMMENTS VI. COUNCIL COMMENTS VII. CITIZEN COMMENTS  1. Speaker must come toj podium and state name and address. 2. Comments are limited to (3) minutes.  VIII. CONSENT AGENDA MINUTES  1. January 4, 2024 Special Meeting IX. PLANNING AND: ZONINGITEMS  - Variance- - Gulf View Motel - Allara Mills-Gutcher, tpc  a. Open] Public Discussion b. Close Public Discussion Discussion d. Motion to Approve/Deny    X.  ORDINANCES  1.  Ordinance 833-Lodging' Establishments (First Reading) - Allara Mills-Gutcher,tpe AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING THELAND! DEVELOPMENMICODE TOI MODIFY SECTION 2.02.02.E TO ADD "LODGING ESTABLISHMENIS AS A PRINCIPALI USE TOTHE GENERAL COMMERCIALZONINGDISTRICT: PROVIDING FOR CODIFACTION; PROVIDING FOR A REPEALER, PROVIDING FOR SEVERABILITY,AND PROVIDING FOR AN EFFECTIVE DATE.  a. Motion to Read Ordinance 833 (By Title Only)  b. Open) Public Discussion Close Public Discussion d. Discussion  XI. RESOLUTIONS  1. Resolution 24-01 - Amending Resolution 2017-07- Meeting Procedures- Chris Hubbard A RESOLUTION, AMENDING RESOLUTION 2017-07, RELATING TO THE PROCEDURE, AGENDAS, AGENDA DEADLINES, ORDER OF BUSINESS, AUTHORITY TO PLACE ITEMS ON AGENDA, CONDUCT OF MEETINGS, MINUTES, AND RELATED MATTERS PERTAINING TO WORKSHOPS, REGULAR AND SPECIAL MEETINGS OF THE CITY COUNCIL; PROVIDING FOR: SEVERABILITY, AND RECITING AN EFFECTIVEDATE.  a. Motion tol Read Resolution 24-01 (By Title Only)  b. Open Public Discussion Close Public Discussion d. Discussion Motion to Approve/Deny  XII. OTHER BUSINESS  . Development Agreement - Farmdale Phase II Approval - Chris Hubbard  a. Open Public Discussion b. Close Public Discussion Discussion d. Motion to. Approve/Deny  2. Community Planning" Technical Assistance Grant Agreement/Visioning Workshop  Allara Mills-Gutcher, tpc  a. Open Public Discussion b. Closel Public Discussion Discussion d. Motion to Approve/Deny a. Open Public Discussion b. Close Public Discussion Discussion  3. St.Joe. Company Conceptual Plan for al Parking Lot at Salt Creek - Chris Shortt, Dewberry    4. Discussion of Proposed Restaurant Location in Mexico Beach Shopping Center-  Zach Childs  a, Open Public Discussion b. Close Public Discussion Discussion  5. Engineering Contract with Anchor CEI- Chris Hubbard  a. Open Public Discussion b. Close) Public Discussion Discussion d. Motion to Approve/Deny  6. Discussion Regarding Increasing Boat Ramp Fees - Chris Hubbard  Open Public Discussion b. Close Public Discussion Discussion d. Motion to Approve/Deny a. Open Public Discussion b. Close Public Discussion Discussion  7. Discussion Regarding Holding Workshops - Chris Hubbard  8. Projects] List - Chris Hubbard  XIII. STAFF REPORTS  1. City Administrator- Chris Hubbard 2. City Attorney - Clint McCahill  XIV. ADJOURNMENT  E-mailed to interested parties and posted on the city website on: 01/18/2024  Note: Copies of the Agenda items are posted on the City's Website mexicobeachfl.goy This meeting will be *You are hereby notified that in accordance with Florida Statutes, youl have ai right to appeal any decision made by the Council with respect to any matter considered. You may need to ensure that a verbatim record of the proceedings is made which may need toi include evidence and testimony upon which the appeal is based. Any person requiring as special accommodation at this meeting because ofa disability or physical impairment should contact Tammy Brunson, City Clerk, at 201 Paradise Path, Mexico Beach, Florida 32456; or by phone (850) 648-5700 at least five calendar days prior tot thes meeting. Ifyous are hearing or speech impaired, and youy possess TDD equipment, you may contact the City Clerk using the Florida Dual Party Relay System, which can be  recorded on the website.  reached at I-800-955-8770 (TDD)    City of Mexico Beach Special Meeting Minutes THURSDAY ANUARY4,024-90AM  The City of Mexico Beach City Council met ina a special meeting on Thursday. January 4, 2023, at 9:00 am at the Public Works Building in Mexico Beach. Mayor Miller andt thet following Councilmembers were present: Linda Hamilton, Adrian Welle, Jerry Smith and Richard' Wolff. Also present were City Administrator, Chris Hubbard, City Clerk, Tammy Brunson and City Attorney  Clint McCahill.  Call to order: Mayor Miller called the meeting to order at 9:00 am.  . Mayors Comments: Mayor Miller stated this was an employee discipline meeting SO there would be no public comment. She continued by saying there were concerns with Facebook posting, conduct at meetings and irregularities ini the hiring process of Mr. Hubbard which is what prompted the lawsuit. She opened comment to Council. Mrs. Hamilton started by reading at timeline of her concerns with Mr. Hubbard's attitude and insubordination. Mr. Welle addressed some of Mrs. Hamilton's comments, he continued by saying he had a conversation with Mr. Hubbard about Facebooks posts and since he had talked to him before he supported a written reprimand and extending his probationary period another 3 months, He feels iti is hard to correct the Facebook issue since Mr. Hubbard's direct supervisor is doing the very same thing. Mr. Wolff continued with addressing some of Mrs. Hamilton's comments and agrees with Mr. Welle's ideas asf far a progressive disciplinary action. He also stated post made by the mayor are just as bad as Mr. Hubbard's. Mayor Miller expressed her concerns with Insubordination, she apologized for her Facebook indiscretion, and she feels Mr. Hubbard is not good for our city. She claims she does not know what is going on int the city because he keeps information from her by order from others. Mr. Smith ask the mayor if she apologized to council as well for the name calling on Facebook. He stated the name calling on Facebook needs to stop whether the shoe fits or not, she has a position to uphold as Mayor and her post are inappropriate. He continued by saying Mr. Hubbard's contract needs to be singed. He thinks Mr. Hubbard is doing a good job and just reached his breaking point with social media. Mayor Miller said she has personally given Mr. Hubbard 2 verbal warnings and 1 written warning, which he has not signed. Mr. Wolff expressed concern over the fact that this was the first he had heard of the warnings given by the mayor and asked if other council members knew, which they did not. Mr. Wolff: stated this should have been something done by all members of the Council and that she started a disciplinary: action process that the rest oft the council needed to be informed of. Mayor Miller stated Mr. Hubbard's conduct is uncivil and tried to hand the gavel to Mr. Wolff (Mayor Pro Tem) to take over as presiding official. While Mr. Wolff continued to talk Mayor Miller laid the gavel on the table in front of Mr. Wolff. Mr. Wolff continued and asked if anyone had investigated the incident or asked Mr. Hubbard for his side of the story. Mayor Miller then pushed the gavel closer to Mr. Wolff and said here. Mr. Wolff continued to ask what steps had been taken as part of the disciplinary process, and asked Mr. McCahill if he was consulted in order to protect the city from liability. Mayor Miller then stated since Mr. Wolff had the gavel, she wanted to make a motion, in which Mr. McCahill stopped her and told Mr. Wolff that ifay vote was going to be taken, the citizens had the right to make comments. Mr. Wollf, as Mayor Pro Tem and presiding officer, asked if those at thet table wanted to open the floor to public comment, at that point Mayor Miller, grabbed the gavel and said she was taking it back because there was ani issue that needed to be settled. Mr. Welle started by saying he did not know about the written reprimand. He does not go into Mr. Hubbard's office asking for a blanket update, he ask specific question about what concerns him and what concerns citizens that have contacted him. He continued saying as a city employee he was giving a written reprimand by the mayor at the time which    City of Mexico Beach Special Meeting Minutes THURSDAY. JANUARY4, 2024-9:00AM  he did not sign because he said he did not work for the mayor, he worked for council. It needed to go before council before he would sign it. He ended his comments by saying councilmembers receive a W-2v which means they are city employees and should be held to the personnel manual just like any other employee. Mrs. Hamilton said she felt like to meeting was losing focus and repeated some of her concerns and said she finds Mr. Hubbard's actions disturbing, dangerous and unacceptable. Mrs. Hamilton motioned, and Mayor Miller seconded to terminate Mr. Hubbard immediately. Mr. McCahill cautioned that ifay vote was going to take place, the citizens have the right to comment. Motioned failed with a 2to 3 vote. No votes were Mr.  Smith, Mr. Wollf and Mr. Welle.  VII. Adjournment: Mayor Miller adjourn the meeting at 9:37 am.  By:  Attest:  Mayor, Michele Miller  City Clerk, Tammy Brunson    MEXICOBEACH  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDA ITEM#  Agenda Abstract Form Meeting Date: 01-23-2024 Department: Public Hearing: X Yes D No Date of Public Hearing: 01-23-2024  Admin  Consent Regular Closed Agenda Agenda Session  PRESENTERINPORMATON CONTACT: Allara Mills-Gutcherltpc  ITEM TO BE CONSIDERED Subject:  Variance - Gulf View Motel, 1404 Hwy 98  Attachment(s): Brief Summary: Action Requested: Council to approve ISSUE OVERVIEW  Project description and variance request  Applicant requesting consideration of a variance for the Gulf View Motel located at 1404 Hwy 98  Background Information & Issue Summary:  The variance request is to allow for a pergola on a deck with two swings to be constructed within the front corner setback to same footprint as before Hurricane Michael. P&Zmade recommendation to grandfather this  rebuild of pergola and swing as was originally built before the storm.  Financial Impacts: None  Staff Recommendations/Comments: Recommends approval    TPc the planning collaborative Memorandum for Record  December 29, 2023  To: From: RE:  Mr. Chris Hubbard, City Administrator City of Mexico Beach Allara Mills-Gutcher, AICP  Gulf View Motel- Variance Applicationi for Accessory Structure (swing with pergola and  deck)  Project Address: 1404 Hwy 98 (Gulf View Motel) Parcel ID: 04383-000-000 Applicant Contact: Charles Smith (northern half)  Future Land Use Map Designation: General Commercial (southern half) and Residential Low Density  Zoning District: General Commercial  Section 1: Project Description and Variance Request  The applicant is requesting that consideration of a variance be givent for the Gulf View Motel located at 1404 Hwy 98, a +/-0.345 acre parcel. The variance request is to allow for a pergola on a deck with two swingstol be constructedwithint thet front cornersetback! (see accompanyngdocumentssubmitedlythe applicant). Duet tot the construction of the deck, the structurei is omserd'yemamenclyl. building  department.  The applicant provided thet following reason for the variance request:  "Rebuilding previous swing with pergola that was existing before Hurricane Michael prior to the storm. Due to regulations for motelp parking, this is the only viable placement that swing can be  placed to: sit and enjoy the view of GufforMotelguest" -  The following photographs were obtainedi from historical data sourced from Google Maps:  Page 1of5    Source: Google 2015 archive  Source: Google 2011 archive  Varying information to assist in the determination of the request is needed but was not provided (or  otherwise not legibly provided) by the applicant. This includes:  The proposed setbacks with the installation oft the pergola/swing (Section 7.04.02.B.2) Ifthis structure willl be installed within an existing dedicated parking space Ifthis structure wille exceed the maximum impervious surface allowed Section2.04.01.0) Ifthe structure willl be located within any required buffer or landscape area Section2.04.01.B) The dimensions of the accessory: structure (Section 2.04.01.E)  Page 2of5    Section 2: RegulatoryFactors  The primary use of this propertyi is as al lodging establishment. Policy 1.1.4.F lists allowable uses within the General Commercial Future Land Use category, which includes those that are also allowable within Pursuantto! Section2.02.01.E.6, allowable accessoryusesi include: "areas and shedsforoutside storage". All otherusesare prohibited. From al land use planning perspective, thisr requestisr not considered: a use, but a structure which is subordinate and relies upon the primary use. Therefore, the accessory uses Thoset factorsthat are eligible for thei issuance ofa ay variance include bulk regulations such as lot size, floor area ratio, lot coverage, open space, and building setbacks (Section 7.04.02.C). Therefore, in relation to this request, the only eligible factor in the granting of a variance is the setback insofar as much that the "Setback" is defined in Section 6.01.00 as: The lateral distance between the right-of-way line and the roadside business, building, gasoline pump, curb base, display stand, or other object. The provision of the setback willi resultins spaceforvehiclest tos stop oparbetwemnswalpadilsoeandhergheyine.  the Tourist Commercial category. This includes "lodging".  section of the zoning district allowances does not apply here.  use and structure are otherwise allowable.  The front of the primary structure is considered the portion facing HWYS 98. Required setbacks for the General Commercial portion of the site are:  Front: Twelve (12) feet Rear:Ten(10) feet Corner: Twelve (12) feet  Side: Ofeeti if attachment easement is in place, five (5) feeti if abutting residential property  "Lot, Corner" is defined in Section 3.00.04 as: A lot abutting on andatthe intersection oftwo( (2) or more No methodology is supplied within the Code to determine the corner setback requirements and how thosea are met. In addition, within this zoning district, the Codei is silent on: side etbackswhenthere isn't an attachment easement in place or whent the property does not abut 'residential property". AressonyStructure's: definedinsetion2.0400, as: "AS structure ededadwdne tot the principalstructure. Acessoysructuresshal. be located on the same lot as the principal structure to which they are accessory. Unless otherwise provided, if on the same premises where a building is attached to the, principalbuilding, its shalll be considered a part thereof, not an accessory building. "  streets. This lot would therefore be defined as a corner lot.  Page 3of5    Section 3: Facts and Findings  . - Consistency with Mexico Beach Land Development Code a. Article VII Section 7.04.02 Variances  The Land Development Code establishes measures for Hardship Relief including variances in Section 7.04.00. "The purpose of this section is to provide a method of relief forp property owners in a condition where iteralapplication oft this Code willi inflict practical difficulty or unnecessaryhardshipstoaparticular property or site that is uncommontootherpropertiesin MexicoBeach,throught no fault of thep property Subsection D) oft this same section includes standards of review stating, "the applicant must submit a variance requesthatdemonstatesthetolowngstandardshave beenmet.Alstandardshereinmust. be found met prior to the granting ofa ay variance."1 The standards for review are analyzed below. 1. Special conditions or physical circumstances existwhich are particular to the land and which are not applicable to other land subject to the same regulations or policies such as the parcel size, shape, or topography of the land. For example, the variance is necessary to protect against evewersReponsenere isc currently a (motel) built ont thes site that lies within the requireds setbacks. The applicant did not demonstrate that there are special conditions or physical circumstances that are particular tot the site and which are not applicable to therlandsubjectothe same regulations orp policies. 2. The special conditions: and circumstances' thate exist dor not resulti fromt the actions oft the property owner or applicant or are a self-imposed hardship, nor could the condition or circumstances be corrected or avoided by the property owner or applicant. As such, the issuance of the variance shall not conferon the petitionerthe grant of a special prvlege.Forexample, a propertyowner cannot bei issued a setback variance on a property that can reasonably contain a house with a  owner."  wetland infill or protected trees from impact or removal.  This criterion is not met.  smallerfootprint.  Reviewer's Response: The applicant has indicated that the proposed swing and pergola with a deck existed prior to Hurricane Michae alongside the motel. The swing and pergola are evidenced by this report's findings through historical photos, but the deck could not be confirmed. The condition that caused the removal of the previous swing and pergola was not caused by the applicant. However, the swingandp pergolas should have Hemmaidniercnebeens plan ofthis site to avoid the necessity oft this request. Duet tothel lack of informationsuppled byt the applicant such as setbackofthe placement 3. The reliefgranted is the minimum degree dfrelelneesanytomake possible ther reasonableuse  of the structure, this criterion cannot be determined to be met.  of the land in compliance with all other applicable regulations.  Page 4of5    Reviewer's Response: Due to the lack of information provided by the applicant, the issuance of this variance cannot be determined as "minimum degree of relief necessary". In addition, without the constructionoft thes swing and pergola, thes site is still ablet to reasonably be usedasar motel. Thiscriterion 4. Literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties that are subject to the same regulations or policies or  is not met.  would renderi the enforcement oft this Code impractical.  Reviewer's Response: The motel is currently constructed ont the site within the required setbacks. The literal interpretation oft the setbackrequirements doesr not deprive the applicant of ther right to have the use oft this property. Althought the view oft the Gulf may not bea accessible, thes swingand pergolacould be 5. The grant oft the relief will not bei in derogationofthegeneralintentand purpose oft this Code nor Reviewer's! Response: The grant of the reliefwill not bei in derogation of the general intentand purpose of this Code nor the goals, objectives, or policies of the Comprehensive Plan. This criterion is met. 6. The issuance of the variance will not create an inconsistency from the existing character of the areas surrounding the site. Fort the purpose of this measure, "surrounding site" shall mean those parcels which are within a five-hundred-foot radius of the subject parcel, or within the same Reviewer's Response: The issuance of the variance would allow for an accessory structure to be potentially located within the corners setback additonalinformation is neeedforvertization, The use and construction of this structure is not inconsistent with the existing character of Mexico Beach as a  placed elsewhere on the site. This criterion is notr met.  the goals, objectives, or policies oft the Comprehensive Plan.  platted subdivision, as applicable.  beachi front community. This criterion is met.  Section 4: Recommendation  The variance application documents dor not containt the needed informationtor make ac determinationand recommendatonforthe issuance oft the corner setback variance. On that merit alone, this application is The processforavariance is consideredquas-pudical, andt therefore the City musti include findings off fact  recommended for denial since an adequate review cannot be conducted.  in the approval or denial of this request.  Page 5of5    2.02.02 Zoning Districts E. General Commercial * 1.District Intent  2.Allowable Location  This zoning district allows for single The General Commercial Zoning District is allowed within the  family residential at a maximum density of 18 dwelling units per acre and commercial land uses as defined below. 3.Principal Uses  General Commercial Future Land Use Category.  4.L Uses Allowed 5. Prohibited Uses 6.A Accessory Uses  With Council Approval  a. Community centers and fratemal lodges. b. Commercial or trade schools wharves, and such as dance and martial arts studios C. Department stores and other retail sales stores, such as shoe stores, clothing stores, pharmacies, florists, and book stores. d. Funeral homes, cemeteries, and mortuaries. e. Farm and garden supply, building supply, and vehicle parts and accessories (including vehicle sales'service.repair). f. Grocery stores, supermarkets (including convenience stores), and specialty food stores (such as meat markets and bakeries). g. Hospitals h. Service businesses such as blueprint, printing, catering, tailoring, travel agencies, upholstery shops, laundries/dry cleaners, and light mechanical repair stores (such as camera, TV, orb bicycle repair shops). . Restaurants including open air cafes. j. Shopping centers (but not regional malls or centers). Theaters and auditoriums. I. Plant nurseries. m. Veterinary offices and animal hospital with outside kennels.  a. Condominiums a. Landfills. similar structures handling centers. in City Waters. C. Borrow pits.  Restricted: outside storage shall be enclosed by opaque fencing ofat least six (6) feet in height.  b. Docks, piers, b. Hazardous waste Areas and sheds for  collection and d. Pastures,  forestry, feed lots, No accessory buildings and buildings which used for industrial are an açcessory to storage of hazardous, these agricultural incendiary, noxious, or uses. e. Junkyards and shall be located nearer salvage yards. f. Medical marijuana treatment line. center  pernicious materials than one hundred (100) feet from any property Prohibited: All other uses.    n. Wholesale and retail businesses for storing and/or distributing goods. 0. Mobile home parks, recreational vehicle, and travel trailer parks. p. Arcades, billiards/pool parlors, bowling alleys, indoor recreational centers, and gymnasiumslspas/ health clubs. q. Small taverns and bars. Residential Single Family Multi-family Educational facilities (public or private) u. Public buildings and grounds V. Pre-school and day care facilities (public or private) W. Churches X. Cemeteries without funeral homes, y. Residential care facilities, Z. Group homes aa. Other similar institutional uses. bb. Personal service businesses where the service is performed on an individualo-individual basis, including barber shops, beauty shops, boutiques, studios, or other similar uses. CC. Professional offices dd. Medical offices or clinics Government offices ee.Lodging Establishments ff. Financial institutions gg. empenywae,8deined in-Seetion-XX.    MEXICOBEACH  RLD:  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDA ITEM#  Agenda Abstract Form Meeting Date: January23,2024 Department: Public Hearing: X Yes D No Date of Public Hearing: January 23, 2024  Planning  Consent Regular Closed Agenda Agenda Session  PRESENTERINFORMAION CONTACT: Allara Mills-Gutcherltpc  ITEM TO BE CONSIDERED Subject:  Adoption of a text change to the Land Development Code; Section 2.02.01.E.3 Principal Uses within General  Commercial, to add lodging establishments to the list, as parth.h.  Attachment(s): Adoption ordinance Brief Summary:  This amendment will provide consistency with those allowable uses listed within the Comprehensive Plan Policy 1.1.4 which lists each Future Land Use category and allowable uses. Those allowable uses in the General Commercial category include those uses in the Tourist Commercial category, which list "odging" as allowable. Approve the amendment to Section 2.02.01.E.3 of thel Land Development Code as proposed.  Action Requested: ISSUE OVERVIEW  Background Information & Issue Summary:  Inr recent months, it was discovered that the allowable uses listed within the Land Development Code were not consistent with the Comprehensive Plan Policy which lists those uses allowed within the General Commercial category. This  amendment will create certainty and consistency in interpretation of the regulations.  Financial Impacts: None  Staff ecommerdtonscommens item is recommended for approval.  This amendment is necessary to cause thel Land Development Code to be consistent with the Comprehensive Plan. This    ORDINANCE NO. 833  AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING THE LAND DEVELOPMENMT CODE TO MODIFY SECTION 2.02.02.E TO ADD "LODGING ESTABLISHMENIS" AS A PRINCIPAL USE TO THE GENERAL COMMERCIAL ZONING DISTRICT; PROVIDING FOR CODIFACTION; PROVIDING FOR A REPEALER, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR  AN EFFECTIVE DATE.  WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of Florida, and $166.021(1), Florida Statutes (F.S.), the City of Mexico Beach, Florida, (the "City") enjoys all governmental, corporate, and proprietary powers necessary to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any  power for municipal purposes, except as expressly prohibited by law; and  WHEREAS, Chapters 163 and 166 of the Florida Statutes provide for the City to regulate zoning and development and implement its Comprehensive Plan through land development regulations, and in 1991, the City Council adopted the Mexico Beach Land Development Code, as  required pursuant to $163.3202, F.S; and  WHEREAS, the Mexico Beach Planning and Zoning Board, acting as the Local Planning Agency, reviewed this amendment to the Land Development Code on January 8, 2024, during a duly noticed public hearing and recommended that said amendment be approved by the Mexico  Beach City Council; and hearings on  WHEREAS, pursuant to $166.041, F.S., the Mexico Beach City Council held public ofthe public comments received during the public hearing, voted to approve this Ordinance; and WHEREAS, in the exercise of its authority, the City Council of Mexico Beach finds it necessary and desirable to adopt and does hereby adopt the amendment to the Land Development Code contained herein in order to encourage the most appropriate use ofland, water and resources, consistent with the public interest; and deal effectively with future problems that may result from  and  to consider the amendment, and after consideration  the use and development ofland within the City of Mexico Beach; and  WHEREAS, words with underlined type shall constitute addition and strikethreugh shall constitute deletions to the original text from the language existing prior to adoption of this NOWTHERFORE, BE: IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF MEXICO  Ordinance. BEACHTHAT:  SECTONI.APPROVAL AND. ADOPTION OF AMENDMENT. The City ofl Mexico Beach hereby amends Section 2.02.02.E, as follows:    E. General Commercial 1.D District Intent  2. Allowable Location  This zoning district allows for single The General Commercial Zoning District is allowed within the  family residential at a maximum density of 18 dwelling units per acre and commercial land uses as defined  General Commercial Future Land Use Category.  below. 3.P Principal Uses  4. Uses Allowed 5.F Prohibited Uses 6.A Accessory Uses  With Council Approval  a. Community centers and fraternal lodges. such as dance and martial arts studios c. Department stores and other retail sales stores, such as shoe stores, clothing stores, pharmacies, florists, and book stores. d. Funeral homes, cemeteries, and mortuaries. e. Farm and garden supply, building supply, and vehicle parts and accessories (including vehicle sales'service/repair). f. Grocery stores, supermarkets (including convenience stores), and specialty food stores (such as meat markets and bakeries). g. Hospitals h. Service businesses such as blueprint, printing, catering, tailoring, travel agencies, upholstery shops, laundries/dry cleaners, and light mechanical repair stores (such as camera, TV, or bicycle repair shops). i. Restaurants including open air cafes.  a. Condominiums a. Landfills. similar structures handling centers. in City Waters. C. Borrow pits.  Restricted: outside storage shall be enclosed by opaque fencing of at least six (6) feet in height.  b. Docks, piers, b. Hazardous waste Areas and sheds for  b. Commercial or trade schools wharves, and  collection and d. Pastures,  forestry, feed lots, No accessory buildings and buildings which used for industrial are an accessory to storage ofhazardous,  these agricultural uses. e. Junkyards and salvage yards. f. Medical marijuana treatment line. center  incendiary, noxious, or pernicious materials shall be located nearer than one hundred (100) feet from any property Prohibited: All other uses.    j. Shopping centers (but not regional malls or centers). Theaters and auditoriums. 1.P Plant nurseries. m. Veterinary offices and animal hospital with outside kennels. n. Wholesale and retail businesses for storing and/or distributing goods. 0. Mobile home parks, recreational vehicle, and travel trailer parks. P.. Arcades, billiards/pool parlors, bowling alleys, indoor recreational centers, and gymnasiums/spas/ health clubs. q. Small taverns and bars. - Residential Single Family - Multi-family t. Educational facilities (public or private) u. Public buildings and grounds V. Pre-school and day care facilities (public or private) W. Churches X. Cemeteries without funeral homes, y. Residential care facilities, Z. Group homes aa. Other similar institutional uses. bb. Personal service businesses where the service is performed on an individul-to-individual basis, including barber shops, beauty shops, boutiques, studios, or other similar uses. cc. Professional offices dd. Medical offices or clinics ee. Government offices ff. Financial institutions gg. Temporary uses, as defined in Section XX. hh. Lodging Establishments    SECTION 2. REPEAL.  Those parts ofthel Mexico Beach. Land Development Code in conflict herewith arel hereby repealed and superseded to the extent of such conflict and shall have no further effect whatsoever.  SECTION 3. SEVERABILITY.  If any section, subsection, sentence, clause, phrase or other portion of this Ordinance, or any particular application thereof shall be held invalid or unconstitutional by any court, administrative agency, or other body with appropriatejurisdiction, the remaining sections, subsections, sentences,  clauses, or phrases and their application shall not be affected thereby.  SECTION 4. SCRIVENER'S ERRORS.  The City. Attorney may correct any scrivener's errors found in this Ordinance by filing a corrected copy of the Ordinance with the Clerk. A scrivener's error may not include an amendment that  changes the context or meaning of the Ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon passage.  PASSED, APPROVED, AND ADOPTED at a duly noticed public hearing of the Mexico Beach  City Council this  day of_  2024.  Michele Miller, Mayor  ATTEST:  Tammy Brunson, City Clerk    MEXICOBEACH  DA  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAITEM#  Agenda Abstract Form Meeting Date: 01/23/2024 Department: Public Hearing: Date of Public Hearing: 01/23/2024  Admin Yes DN No  Consent Regular Closed Agenda Agenda Session  PRESENTERINFORMATON CONTACT: Chris Hubbard/City Administrator  ITEM TO BE CONSIDERED Subject:  Resolution 24. -01 Amending Meeting Procedures  Attachment(s): Resolution 24-01 Brief Summary: Action Requested:  Amending Resolution 2017-07 Meeting Procedures  Council to approve amending Resolution 2017- 07 and approving Resolution 24-01  ISSUE OVERVIEW  Background Information & Issue Summary:  AF Resolution amending Resolution 2017-07, relating to the procedures, agenda deadlines, order of business, authority to place items on the agenda, conduct of meetings, minutes, and related matters pertaining to  workshops, regular and special meetings of the city council.  Financial Impacts: None  Staff ecommerceBtonscommens Recommends Approval    RESOLUTION 24-01  A RESOLUTION, AMENDING RESOLUTION 2017-07, RELATING TO THE PROCEDURE, AGENDAS, AGENDA DEADLINES, ORDER OF BUSINESS, AUTHORITY TO PLACE ITEMS ON AGENDA, CONDUCT OF MEETINGS, MINUTES, AND RELATED MATTERS PERTAINING TO WORKSHOPS, REGULAR AND SPECIAL MEETINGS OF THE CITY COUNCIL; PROVIDING FOR SEVERABILITY; WHEREAS, the City Council has determined that it is in the best interests of thej people ofthe City of BE IT RESOLVED BY THE CITY COUNCIL OF MEXICO BEACH, FLORIDA: Section 1. In order to better organize and give adequate notice to the public ofthe various public meetings and gatherings the City Council enacts the following provisions that, subject to editorial discretion, will be added to Title Il-Administration, Chapter 30- City Council, of the  AND RECITING AN EFFECTIVE DATE.  Mexico Beach, Florida that this ordinance be enacted, therefore,  City Code.  Section 2. Section 30.01 Meetings and Workshops.  (A) Regular Meetings - The City Council shall meet regularly on the second Tuesday of each month at 6pm 9am CST and on the fourth Tuesday of each month at 9am 6pm CST. All meetings shall be held at the Mexiee-Beaeh-Ciwie-Center Public Works Building, or as set (B) Special meetings and workshops - Special meetings and workshops may bel held on the call oft the mayor or three (3) or more members of the Council. Emergency meetings may be held Holidays - When the day for a regular meeting fall upon a day which is a legal holiday or election dayi in this state, the meeting shall be held the following Wednesday or as otherwise (D) Procedure and Meeting Records. The Council shall follow Roberts Rules of Order and determine its own order of business for workshops and special meetings and shall provide for keeping minutesofits proceedings. The recordofminutesshall include only actionableitems. The minute book shall be a public record.. All meetings and workshops shall be recorded on video and the recordings shall be aj publicrecord.. Draft minutes are not published until after Council review and corrections and changes are made by the Council at the pre-agende (E) Any meeting of the Council may be continued or adjourned from day to day, or for more than c0dy,bmondpummen. shalll bei fora longer period than until the nextregular meeting Except as permitted by state law, all meetings of the Council or any board shall be open to the public. A calendar of regular meetings and workshops shall be available on the City website, he-eivieeemterandthepesteliee: Special meetings and workshops shall bej posted within 24 hours of the ammounememprovding.4 hours' notice is available, or as soon as  forth in the meeting agenda pursuant to state law.  on the call of the mayor or three (3) or more members of Council.  set by council.  werkshep-next regular meeting.  thereafter.  possible.    Section 30.02 Agendas, Order of Business and Procedure.  (A) Call to Order The mayor shall take the chair at the time appointed for the meeting and call the members ofthe Council to order. He or she shall preserve the order and decorum, decide all questions of order, unless appealed to the Council. In the absence of the mayor, the mayor pro tern is vested with like powers. If there is no presiding officeri in attendance, the Order of Business The order of all regular meetings of the Council should be in the following order, unless the Council by a majority vote of the members present, shall  Council may elect aj presiding officer for that meeting.  (B)  transacted  suspend the rules regarding the order of business:  1). Call to order; 2) Invocation; 3) Pledge of allegiance; 4) Roll Call; 5) Consent agenda; 6) Minutes of preceding meeting(s); 7) Scheduled Appearances; 8) Appointments; 9) Planning and Zoning Items 10) Ordinances; 11) Resolutions; 12)Other Business; 13)Miscellancous 14)Department Reports/Action; 15)Citizens Comments; (moved from #7) 16)Mayor's Comments; (moved from #5) 17)Council comments; (moved from #6)  18)Adjourment.  (C) Addressing the Presiding Officer-Each: memberwhent the Council is convenedando organized (D) Addressing Council - All persons wishing to address the Council must be first recognized by the Mayor or other presiding officer before any comments are made. After being recognized to speak, the speakershould come to the podium and state their name and address city ofresidence. Comments willl be limited to three (3)minutes pers speaker peri item and all comments must be addressed to the agenda item currently under discussion. The comment time period may be extended by affirmative vote of the Council. No comments should be (E) Consent Agenda - For the regular meeting, a portion of the agenda may be designated as a consent agenda and all items contained therein may be voted on en gross. The items on consent will bei marked by an * ont the agenda. A Council member may, without discussion, state that he or shei is votingi int the affirmativeon: all consent items except certain ones which he or she will name by number. In such cases, the vote oft the Council member(s) shall be recorded as a negative or abstention for the items named. However, prior to the vote on the consent agenda, any Council member may withdraw an item from the consent agenda sO  for business, when speaking, shall address the presiding officer.  made from the audience seating area.  that it shall be debated and voted on individually.    This shall in no way limit the legal right ofa Council member to abstain according to law. The Mayor or presiding officer will ask for public comment on these items. If you wish to comment on an item on the consent agenda you should stand to be Votes No action of the Council shall be valid or binding unless adopted or approved by the affirmative vote of a majority of the members of the Council constituting a quorum when the action is introduced. A quorum of Council shall be three (3) or more members ofCouncil. A two thirds (2/3) vote of the membership of the Council, or four (4) or more votes, is required to enact an emergency ordinance. Voting on all ordinances, except on procedural motions, shall be by roll call and the ayes and nays recorded in the minute (G) Regular Agenda - For all meetings and workshops, audience members wishing to address the Council on items on the agenda should do sO aftert the item(s) ofyouri interest are read byt the Mayor or presiding officer. Your must! be recognized! ibeforeyoul begin your comments. Once a motion is made on the item, the public comment period ends. (H) Required Public Hearing Matters - Public comment is welcome during these items subject to any limiting rules as may be required by law or adopted by Council. (I) Scheduled Appearances - For all meetings speakers who have made a timely request to the City Clerk will be placed on the meeting agenda and will be allocated seven (7) minutes to make comments to Council. A request to be placed on the meeting agenda shall be timely ifmade in writing prior to the deadline for the meeting agenda. Requests to appear must include the topic of discussion and is limited to business of the Council. Unscheduled speakers will only be allowed at the regular meeting during citizens' comments and will be allocated three (3) minutes to make comments. Council may extend (J) Disruptions and Misconduct Those in the audience are asked to respect each speaker and disruptions during the speaker's comment period are prohibited. Comments should only be addressed to the Mayor and Council. Any person who, during the sitting of the Council assembled forandengaged int the study of, or the consideration oftheaffairs, interests, issues oft the City, or the enactment ofrules, regulations, resolutions, motions, or ordinances for the City, shall create any disturbance by any noises, conversations, gestures, acts, or conduct that interferes with the orderly considerations and deliberations of the Council, thus (K) Dissents Any Council member who strongly objects to any action voted on or taken by Council at a regular or special meeting may have his or her protest or dissent entered upon the Council record provided he or she files the protest or objection in writing to the City Clerk at the later oft the next regular meeting or approval of the minutes for the next regular (L) Suspension ofRules Any provision of these rules not governed by the charter may be temporarily suspended at any meeting by majority vote or unanimous consent where the chair asks if there are any objections to the suspension of the rules. One or more objections to consent will require that a counted vote be taken by ayes and nays and entered upon the record. Ifa vote is taken and there is a negative vote the rules shall (M) Explanations- Ifa motion has been voted on without discussion: anda a Counci/member feels that it is necessary to explain his or her vote, following the vote he or she may  recognized by the Mayor or presiding officer.  book. (See Charter section 2.09.)  the time for scheduled comments by consent or motion.  assembled, shall be asked and required to leave the meeting.  meeting following the date of passage of the item objected to.  not be suspended.    have up to five (5)minutes to give the public reasons for his or her vote. This shall not be construed as an opportunity to repeat discussion that has already taken place at the same (N) AmonymousCommunications-Unsigned commumnisationsahalmotbae: introducedi in Council (0) Motions For a motion to be properly considered: and discussed by the Council, the motion (P) Filing Agenda Items - The Mayor,any Council member, City Administrator, or City Clerk shallhavei the right to place an item on the published agenda provided the same is filed with the City Clerk, as wella as all supporting documentation, by-noon on the Thursday Wednesday immediately preceding the regular Council meeting or workshop. The City Clerk or his/her designee shall prepare the published meeting agenda and packetforCouncil. Additional or miscellaneous agenda items may be considered by the Council ati its discretion andi in accordance with state law for any workshop but is not allowed for the regular meeting or special meetings. The publishedagendaa and backup forregular meetings and workshops shall be posted on the City website andj posteda at theeivieeemieramd-hepestefiee City Hall by 5pm on the Thursday immediately preceding the meeting or workshop. For special meetings or workshops, the agenda shall be posted as soon as it is known. Section 3. All resolutions or parts of resolutions thereof, in conflict with the provisions of this Section 4. Should any part of this Resolution be deemed invalid by a court of competentj jurisdiction, the invalid parts shall be severed from the Resolution and the remaining parts shall not be affected  meeting. meetings.  must be made and then receive a second.  resolution are hereby repealed in whole or in part to the extent of the conflict.  thereby.  Section 5. This Resolution shall become effective upon passage.  INTRODUCED and ADOPTED at a regular meeting of the City Council on the 23rd day of  January 2024.  CITY OF MEXICO BEACH, FLORIDA  Michele Miller, Mayor  Tammy Brunson, City Clerk    MEXICOBEACH  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAI ITEM#  Agenda Abstract Form Meeting Date: January 23,2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Consent Regular Closed Agenda Agenda Session  Yes R No  RESENERINFORMATION CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED  Subject:  Sugar Sands (Farmdale), Phase II Development Agreement  Attachment(s):  Sugar Sands, Phase II Development Agreement  Brief Summary:  The developers of Sugar Sands have submitted a development agreement to the City for Phase Il of their project. The  proposed agreement states Phase Il willl be annexed into the City of Mexico Beach. Council to approve the Development Agreement for Sugar Sands, Phase II  Action Requested:  ISSUE OVERVIEW  Background Information & Issue Summary:  The developers of Sugar Sands have submitted a development agreement to the City for Phase Il of their project. The proposed agreement stipulates the City will provide utilities and other services and states Phase Il will be annexed into  the City of Mexico Beach. Financial Impacts:  Increased ad valorem revenue for the City. Staff RecommendtionsCommens  Council to approve the Development Agreement for Sugar Sands, Phase II    DEVELOPER'S AGREEMENT FARMDALE, LLC. AND MEXICO BEACH, FLORIDA  FOR WATER AND SEWER UTILITIES BETWEEN  THIS AGREEMENT is made and entered into this  day of November, 2023 by and  between FARMDALE, LLC, al Florida limited liability corporation, whose business address is 17216 PCB Pkwy, Panama City Beach, FL 32413 and its successors and assigns, (hereinafter referred to as DEVELOPER"), and CITY OF MEXICO BEACH, a municipal corporation acting by and through its city commission pursuant to the laws of the State of Florida, whose business address is 114 N. 22nd St., Mexico Beach, FL 32410 and its successors and assigns,  (hereinafter referred to as "MEXICO BEACH").  WITNESSETH  WHEREAS, DEVELOPER owns or controls land located adjacent to Mexico Beach, in the State of Florida, which property is shown in Exhibit "A", attached hereto and made a part hereof (the "Property"), andi intends to develop the Property by erecting improvements consistent  with the Property'sI Development Plan (Exhibit "B") or as amended; and  WHEREAS, MEXICO BEACH provides water and sewer services to customers in association with rights it has obtained under the Governing Documents, as herein defined, using facilities either owned, leased, or controlled by MEXICO BEACH, which all hereunder will be  referred to as being MEXICO: BEACH facilities and part oft the System;  NOW THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements herein contained and assumed, DEVELOPER and MEXICO BEACH hereby 1. DEFINITIONS. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and shall apply unless the context indicates a 1.01 "Governing Documents" = the Military Point Advanced Wastewater Treatment Facility Interlocal Agreement, the Wastewater Treatment contract between MEXICO BEACH and Bay County, alll bond and other financing documents related to facilities covered by those agreements, 1.02 "Owner" - shall mean a purchaser who has obtained title to aLot(s) from DEVELOPER; 1.03 "Point of Delivery" the point where the pipes or meters of SERVICE COMPANY are connected with the Consumer Installation pipes of the consumer of Utility services. Unless otherwise indicated, point of delivery shall be at a point on the consumer's lot line; 1.04 "Utility Facilities or System" - MEXICO BEACH's potable water wells, pump sites,  covenant and agree as follows:  different meaning:  and all amendments and successor agreements to any oft the above;  1    distribution: mains, hydrants, services, meters, collection lines, lift stations, force mains, andi related 2. EASEMENTS. DEVELOPER will grant mutually agreeable utility easements to MEXICO 3. AGREEMENT TO SERVE. Upon DEVELOPER's completion of construction of the On- Site Utility Facilities and MEXICO BEACH's inspection and acceptance thereof, MEXICO BEACH covenants and agrees that it will authorize DEVELOPER to connect its On-Site and Off- Site Utility Facilities to the central facilities of MEXICO BEACH in accordance with the terms and intent of this Agreement at connection points approved by MEXICO BEACH. Such connections shall at all times be at the expense of the DEVELOPER and in accordance with MEXICO BEACH ordinances. MEXICO BEACH warrants and assures DEVELOPER that it has 3.01.DEVELOPERS DEMAND. DEVELOPERSTequest for service has identifiedap peak hourly demand of 59.4 gallons per minute and an average daily demand of 21,390 gallons per day for potable water and a peak hourly flow of 61.5 gallons per minute and an average daily flow of 21,390 gallons per day for sewer collection, transmission, treatment and disposal. The DEVELOPER shall construct at its expense the On-Site and Off-Site Facilities, generally depicted on Exhibit C, in compliance with MEXICO BEACH ordinances and will transfer ownership to 3.02. DEVELOPER'S AS BUILT DRAWINGS. After completion of construction and prior to acceptance of such improvements by MEXICO BEACH, DEVELOPER agrees to furnish to MEXICO BEACH: a) one (1) set of' "as built" drawings showing specific locations, depth, and other appropriate details of all Utility Facilities as located by a licensed surveyor along with five (5) sets of prints of the "as built" drawings which have been sealed by the surveyor and certified by the engineer ofrecord; b) an overlay showing actual Easement Areas granted by DEVELOPER to ensure that as-built lines were constructed within Easement Areas; c) as-builts (with Easement Areas) on "Auto-CAD" disk, layered per utility specifications; d) three (3) sets of all appropriate manuals for operation of any pumping stations and other mechanical and electrical equipment installed by DEVELOPER, as applicable; e) the results of bacteriological tests of the installed potable water lines approved by the appropriate regulatory agency; and, f) the written results of pressure tests ofall mains, services and laterals tol bej pressurized when in service. After inspection and acceptance, MEXICO BEACH agrees to accept and maintain On-Site Utility Facilities completed by DEVELOPER, except for Consumer Installations which are not the responsibility ofMEXICO BEACH, as hereinafter provided. DEVELOPER shall indemnify and hold MEXICO BEACH harmless from any repairs or replacements required to be made to said Utility Facilities conveyed by DEVELOPER to MEXICO BEACH which occur within one (I)year from the date oft the conveyance of such Utility Facilities from DEVELOPER to MEXICO BEACH. 3.03. MEXICO BEACH RIGHTTO INSPECT. MEXICO BEACH shall have the right, but is not  appurtenances and equipment. BEACH, its successors and assigns.  sufficient Utility Facilities to serve the Project.  MEXICO BEACH.  2    obligated to review and observe such installations and testing to determine compliance with the Plans and Specifications. MEXICO BEACH shall not supervise the construction or control the quality oft the installation, and shall not be deemed to have done so by its conduct of observing and 3.04 DacerTmmiroftas: Prior rtol MEXICOBEACHImm.ering permanent potable water and sewer service for development on the Property, DEVELOPER shall convey to MEXICO BEACH, by itemized bill of sale, in form satisfactory to MEXICO BEACH, the On-Site Utility Facilities as constructed by DEVELOPER and approved by MEXICO BEACH at no cost to MEXICO BEACH verified by DEVELOPER to be free and clear ofall liens or encumbrances of any form except those reflected on the recorded plat, ifany. DEVELOPER shall execute any and all documents necessary to ensure that the Utility Facilities are free and clear of all said liens or encumbrances, except those reflected on the plat, to the satisfaction of MEXICO BEACH's legal 4. UTILITYPAYMENTS BYDEVELOPER. DEVELOPER agrees to pay MEXICO BEACH, pursuant to its Code of Ordinances, impact fees for up to 45 taps for residential connections to the sewer: system and up to 101 taps for commercial connections at the rate established by the Mexico Beach Code of Ordinances. The Parties agree that all ofl DEVELOPER's monetary obligations to MEXICO BEACH are for impact fees and tap fees but not for monthly wastewater services. If DEVELOPER installs the connections for any loti int the Project, MEXICO! BEACH will not charge any connection fees. Upon receipt of the foregoing payments, MEXICO BEACH will reserve wastewater and potable water capacity in the System for the exclusive benefit of the Property. DEVELOPER agrees to purchase at least fifteen (15) water/sewer taps beginning in 2024 and in each oftwo (2)subsequent consecutive calendar years. DEVELOPER may also accelerate the tap purchase schedule. Capacity reservation will be proportionate to the number of taps purchased by 5. RESERVATION OF CAPACITY. MEXICO BEACH has, pursuant to this Agreement following partial or full payment by DEVELOPER, reserved and will maintain pursuant to this agreement and proportionate to the number of taps purchased by DEVELOPER, water transmission and sewer collection and treatment capacity in the System for the exclusive benefit ofthe Property as provided herein. Such water capacity is estimated to be 21,390 gallons per day of potable water treatment, transmission and distribution capacity. Reserved sewer collection, transmission, treatment and disposal capacity consists of21,390 gallons per day. MEXICO BEACH assures DEVELOPER it will not sell the System's capacity beyond that which has been constructed. MEXICO BEACH guarantees DEVELOPER, under and according to the terms and conditions herein that MEXICO BEACH will at all times maintain adequate and sufficient collection and treatment capacity in the System to collect, treat and dispose of the Project's wastewater on the terms and conditions specified herein. MEXICO BEACH shall, subject to the terms and conditions in this agreement, reserve DEVELOPER'S potable water and sewer treatment capacity allocation for the exclusive use by DEVELOPER. MEXICO BEACH'S  reviewing the installation and testing.  counsel.  DEVELOPER.  3    water and sewer system capacity allocation to DEVELOPER herein cannot, and shall not, be assigned, transferred, leased, encumbered, utilized, sold or disposed of in any manner by DEVELOPER, unless DEVELOPER has oblained the prior written consent OfMEXICO BEACH. 6. COVENANT NOT TO ENGAGE IN UTILITY BUSINESS. DEVELOPER has properly recorded and formalized: ar requirement running with the Property and all future owners and persons utilizing the Property or any portion thereof, the requirement that they accept potable water and all irrigation water services only from MEXICO BEACH and that they shall not obtain any such services from any other entity unless MEXICO BEACH fails to provide services are required herein. However, lot owners and Developer are allowed to have properly permitted irrigation wells as long as the same are not connected to or interferes with the Utility Facilities. 7. RATES AND CHARGES. Rates and other charges to DEVELOPER and/or individual consumers ofs service shall be those set forth by MEXICO BEACH ordinance or resolution. 8. CONSUMER INSTALLATIONS. DEVELOPER, or any owner of any parcel of the Property, or any occupant of any residence, building or unit located thereon, shall not have the right to and shall not connect, any Consumer Installation to the facilities of MEXICO BEACH until formal written application has been made to MEXICO BEACH by the prospective user of service, in accordance with the then effective rules and regulations of MEXICO BEACH, and approval of such connection has been granted. The DEVELOPER or Owner who requests MEXICO BEACH to install water meters to Consumer Installations shall be required to pay the applicable charge (as set by MEXICO BEACH from time to time) for meters and meter installations of sufficient capacity for each use requiring a measuring device. If DEVELOPER installs the connections for each lot in the Project, MEXICO BEACH will not charge any 9. BINDING AGREEMENT ON SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES: CONSUMERSNOTSUCCESSORSOR, ASSIGNS. This Agreement shall be binding upon and shall inure to the benefit of DEVELOPER, MEXICO BEACH and their 10. NOTICE. Until further written notice by either party to the other, all notices provided for herein shall bei in writing and transmitted by hand delivery by messenger service, by certified mail, return receipt requested, or by nationally recognized overnight courier service, to the addresses  connection fees.  respective successors and assigns.  below:  DEVELOPER:  Brent Faison Farmdale, LLC 17216 PCB Pkwy Panama City Beach, FL: 32413  4    MEXICO BEACH: City ofMexicol Beach  114N.22"d St Mexico Beach, FL 32410 Attention: City Administrator  11. EFFECT OF THIS AGREEMENT ON PRIOR AGREEMENTS AND METHOD OF AMENDMENT AND VALIDITY OF RECITALS. This Agreement supersedes all previous agreements or representations, either verbal or written, heretofore in effect between DEVELOPER and MEXICO BEACH, made with respect to water and sewer utilities, and when duly executed constitutes the entire Agreement between DEVELOPER and MEXICO BEACH. No additions, alterations or variations of the terms of this Agreement shall be valid nor provisions of this Agreement be waived be either party, unless such additions, alterations, variations or waivers are 12. LAWS OF FLORIDA TO GOVERN VENUE. This Agreement shall be govemed by the laws oft the State of Florida and it shall be and become effective immediately upon execution by 13. RECOVERYOFCOSTSANDFEES. Int the event thel MEXICOBEACHorD DEVELOPER isr required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover from the other party all costs incurred, including reasonable attorneys' 14. ANNEXATION REQUIREMENT Following Bay County'si issuance of the Certificate of Occupancy for residential lots and the Certificate of Acceptance for the commercial lots, DEVELOPER will annex the lots in to the City of Mexico Beach. MEXICO BEACH agrees to immediately submit, upon execution oft this agreement, to Bay County its acknowledxgement that MEXICO BEACH will provide potable water and wastewater utility services to the Property in  expressed in writing and duly signed by both Parties.  both parties hereto.  fees, and including appeals.  perpetuity.  IN WITNESS WHEREOF, DEVELOPER and MEXICO BEACH have executed or have  caused this Agreement.  5    DEVELOPER FARMDALE, LLC  aFlorida limited liability corporation  WITNESSES:  By:  Brent Faison, Manager  Sign Name Type or Print Name Sign Name Type or Print Name STATE OF FLORIDA) COUNTY OF BAY )  The foregoing instrument was acknowledged before me this  day of  November, 2023, by Brent Faison, as Manager of Farmdale, LLC. He is personally known  OR Produced Identification  Type of Identification Produced:  Signature of Notary:  My Commission Expires:  Printed or stamped name ofl Notary  MEXICOI BEACH  WITNESSES:  By: Mayor  Sign Name Type or Print Name Sign Name Type or Print Name  6    STATE OF FLORIDA ) COUNTY OF BAY 2023, by. Identification  The foregoing instrument was acknowledged before me this of the State of Florida, on behalf of the City. He is personally known  day of November, OR Produced  Mayorofthe City of Mexico Beach, Florida, a political subdivision  Type of Identification Produced:  Signature of Notary:  My Commission Expires:  Printed or stamped name ofNotary  7    EXHIBIT' "A" LEGAL DESCRIPTION    EXHIBIT "B"  DEVELOPMENT PLANFOR PROPERTY  9    EXHIBIT "C"  UTILITY PROJECT: PLANS AND SPECIFICATIONS  10    JOB NO.5888.89 DATE: 10-31-2023  DESCRIPTION OF SUGAR SANDS PHASE 2-E EAST: COMMENCE AT THE NORTHEAST CORNER OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 12 WEST, BAY COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 18 MINUTES 25 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION 16 FOR 1199.66 FEET; THENCE SOUTH 22 DEGREES 47 MINUTES 45 SECONDS WEST FOR 1970.60 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE SOUTH 22 DEGREES 47 MINUTES 45 SECONDS WEST FOR 262.88 FEET; THENCE NORTH 65 DEGREES 51 MINUTES 12 SECONDS WEST FOR 71.93 FEET; THENCE NORTH 70 DEGREES 54 MINUTES 26 SECONDS WEST FOR 146.16 FEET; THENCE NORTH 57 DEGREES 20 MINUTES 21 SECONDS WEST FOR 150.02 FEET; THENCE NORTH 62 DEGREES 51 MINUTES 28 SECONDS WEST FOR 193.30F FEET; THENCE NORTH 64 DEGREES 04 MINUTES 09 SECONDS WEST FOR 132.68 FEET; THENCE NORTH 74 DEGREES 58 MINUTES 00 SECONDS WEST FOR 196.97 FEET; THENCE NORTH 67 DEGREES 47 MINUTES 17 SECONDS WEST FOR 140.61 FEET; THENCE NORTH 74 DEGREES 35 MINUTES 25 SECONDS WEST FOR 35.09 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF CROOKED SOUND DRIVE (80 FOOT RIGHT OF WAY) BEING A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 475.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVING RIGHT OF WAY LINE FOR. AN ARC DISTANCE OF 190.35 FEET, THE CHORD OF SAID ARC BEARING NORTH 30 DEGREES 03 MINUTES 04 SECONDS EAST FOR 189.08 FEET TO. A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1200.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVING RIGHT OF WAY LINE FOR AN ARC DISTANCE OF 144.89 FEET; THE CHORD OF SAID ARC BEARING NORTH 39 DEGREES 15 MINUTES 22 SECONDS EAST FOR 144.80 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 57 DEGREES 48 MINUTES 15 SECONDS EAST FOR 80.41 FEET; THENCE SOUTH 74 DEGREES 32 MINUTES 30 SECONDS EAST FOR 127.26 FEET; THENCE SOUTH 67 DEGREES 28 MINUTES 40 SECONDS EAST FOR 230.85 FEET; THENCE SOUTH 62 DEGREES 43 MINUTES 24 SECONDS EAST FOR 187.32 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 49 SECONDS EAST FOR 261.06 FEET; THENCE SOUTH 53 DEGREES 19 MINUTES 32 SECONDS EAST FOR 117.70 FEET TO DESCRIPTION OF SUGAR SANDS PHASE 2 WEST: COMMENCE AT THE NORTHEAST CORNER OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 12 WEST, BAY COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 18 MINUTES 25 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION 16 FOR 1199.66 FEET; THENCE SOUTH 22 DEGREES 47 MINUTES 45 SECONDS WEST FOR 2814.97 FEET; THENCE NORTH73 DEGREES 05 MINUTES 00 SECONDS WEST FOR 1689.87 FEET TO THE WEST LINE OF  THE POINT OF BEGINNING.  CuaneswsDamsstset Description. doc    THE EAST HALF OF SAID SECTION 16, TOWNSHIP 6 SOUTH, RANGE 12 WEST; THENCE NORTH 00 DEGREES 29 MINUTES 29 SECONDS EAST ALONG SAID WEST LINE FOR 599.14 FEET TO THE POINT OF BEGINNING. THENCE NORTH 00 DEGREES 29 MINUTES 29 SECONDS EAST ALONG SAID WESTI LINE FOR 421.10 FEET; THENCE LEAVING SAID WEST LINE SOUTH 67 DEGREES 22 MINUTES 48 SECONDS EAST FOR 10.52 FEET; THENCE SOUTH 61 DEGREES 44 MINUTES 29 SECONDS EAST FOR 118.67 FEET; THENCE SOUTH 81 DEGREES 18 MINUTES 33 SECONDS EAST FOR 90.11 FEET; THENCE NORTH 77 DEGREES 35 MINUTES 33 SECONDS EAST FOR 133.41 FEET; THENCE SOUTH 87 DEGREES 02 MINUTES 21 SECONDS EAST FOR 150.50 FEET; THENCE SOUTH5 57 DEGREES 59 MINUTES 41 SECONDS EAST FOR 122.67 FEET; THENCE SOUTH 77 DEGREES 14 MINUTES 33 SECONDS EAST FOR 141.42 FEET; THENCE SOUTH 52 DEGREES 25 MINUTES 53 SECONDS EAST FOR 85.50 FEET; THENCE SOUTH 81 DEGREES 28 MINUTES 09 SECONDS EAST FOR 105.40 FEET; THENCE SOUTH 56 DEGREES 20 MINUTES 56 SECONDS EAST FOR 76.23 FEET TO THE WEST RIGHT OF WAY LINE OF CROOKED SOUND DRIVE (80 FOOT RIGHT OF WAY) BEING A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1160.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVING RIGHT OF WAY LINE FOR. AN ARC DISTANCE OF 105.60 FEET; THE CHORD OF SAID ARC BEARING SOUTH 39 DEGREES 59 MINUTES 43 SECONDS WEST FOR 105.57 FEET TOAI REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 515.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVING RIGHT OF WAY LINE FOR AN ARC DISTANCE OF 227.94 FEET; THE CHORD OF SAID ARC BEARING SOUTH 29 DEGREES 55 MINUTES 26 SECONDS WEST FOR 226.08 FEET; THENCE LEAVING SAID WEST RIGHT OF WAY LINE NORTH 80 DEGREES 14 MINUTES 51 SECONDS WEST FOR77.88 FEET; THENCE NORTH71 DEGREES 26 MINUTES 42 SECONDS WEST FOR 164.37 FEET; THENCE SOUTH 88 DEGREES 11 MINUTES 29 SECONDS WEST FOR 103.52 FEET; THENCE NORTH 77 DEGREES 51 MINUTES 03 SECONDS WEST FOR 158.73 FEET; THENCE NORTH 73 DEGREES 18 MINUTES 03 SECONDS WEST FOR 68.42 FEET; THENCE NORTH 85 DEGREES 25 MINUTES 34 SECONDS WEST FOR 82.99 FEET; THENCE SOUTH 84 DEGREES 08 MINUTES 59 SECONDS WEST FOR 84.20 FEET; THENCE NORTH 88 DEGREES 29 MINUTES 41 SECONDS WEST FOR61.08  FEET TO THE POINT OF BEGINNING.  CUsersie.  Description. doc    JOB NO. 5888.87 JUNE 28, 2023 FOR:  NAI TALCOR COMMERCIAL REAL ESTATE SERVICE DESCRIPTION OF STORMWATER PARCEL:  BEGIN AT THE INTERSECTION OF THE NORTHWESTERLY RIGHT OF WAY LINE OF CROOKED SOUND DRIVE, ACCORDING TO THE PLAT OF SUGAR SAND, RECORDED IN PLAT BOOK 26, PAGE 1 IN THE PUBLIC RECORDS OF BAY COUNTY, FLORIDA: AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 98 (100 FOOT RIGHT OF WAY) PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 4603-106; THENCE SOUTH3 33 DEGREES 58 MINUTES 35 SECONDS WEST ALONG SAID NORIHWESTERLY RIGHT OF WAY LINE FOR 184.52 FEET; THENCE NORTH 56 DEGREES 01 MINUTES 25 SECONDS WEST FOR 374.44 FEET; THENCE NORTH 33 DEGREES 58 MINUTES 35 SECONDS EAST FOR 184.52 FEET TO SAID SOUTHWESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 98; THENCE SOUTH 56 DEGREES 01 MINUTES 25 SECONDS EAST ALONG SAID SOUTHWESTERLY RIGHT OF WAY  LINE FOR 374.44 FEET TO THE POINT OF BEGINNING. DESCRIPTION OF COMMERCIAL PARCEL:  COMMENCE AT THE INTERSECTION OF THE NORIHWESTERLY RIGHT OF WAY LINE OF CROOKED SOUND DRIVE, ACCORDING TO THE PLAT OF SUGAR SAND, RECORDED IN PLAT BOOK 26, PAGE 1 IN THE PUBLIC RECORDS OF BAY COUNTY, FLORIDA AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 98 (100 FOOT RIGHT OF WAY) PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 4603-106; THENCE SOUTH3 33 DEGREES 58 MINUTES 35 SECONDS WEST ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE FOR 184.52 FEET; THENCE NORTH 56 DEGREES 01 MINUTES 25 SECONDS WEST FOR 374.44 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE NORTH 56 DEGREES 01 MINUTES 25 SECONDS WEST FOR 109.07 FEET; THENCE NORTH 64 DEGREES 53 MINUTES 11 SECONDS WEST FOR 80.97 FEET; THENCE NORTH 56 DEGREES 01 MINUTES 25 SECONDS WEST FOR 280.62 FEET; THENCE NORTH 79 DEGREES 24 MINUTES 51 SECONDS WEST FOR 174.29 FEET; THENCE NORTH 33 DEGREES 58 MINUTES 35 SECONDS EAST FOR 266.19 FEET TO SAID SOUTHWESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 98. THENCE SOUTH 56 DEGREES 01 MINUTES25 SECONDS EAST ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE FOR 629.66 FEET; THENCE SOUTH 33 DEGREES 58 MINUTES 35 SECONDS WEST  FOR 184.52 FEET TO THE POINT OF BEGINNING. DESCRIPTION OF HOTEL PARCEL:  COMMENCE AT THE INTERSECTION OF THE NORIHWESTERLY RIGHT OF WAY LINE OF CROOKED SOUND DRIVE, ACCORDING TO THE PLAT OF SUGAR SAND, RECORDED IN PLAT BOOK 26, PAGE 1 IN THE PUBLIC RECORDS OF BAY    COUNTY, FLORIDA AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 98 (100 FOOT RIGHT OF WAY) PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 4603-106; THENCE SOUTH 33 DEGREES 58 MINUTES 35 SECONDS WEST ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE FOR 184.52 FEET. THENCE NORTH 56 DEGREES 01 MINUTES 25 SECONDS WESTI FOR 483.51 FEET; THENCE NORTH 64 DEGREES 53 MINUTES 11 SECONDS WEST FOR 80.97 FEET; THENCE NORTH 56 DEGREES 01 MINUTES 25 SECONDS WEST FOR 280.62 FEET; THENCE NORTH 79 DEGREES 24 MINUTES 51 SECONDS WEST FOR 174.29 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE NORTH 79 DEGREES 24 MINUTES 51 SECONDS WEST FOR 11.67 FEET; THENCE NORTH 59 DEGREES 43 MINUTES 29 SECONDS WEST FOR 119.86 FEET; THENCE NORTH 56 DEGREES 01 MINUTES 25 SECONDS WEST FOR 191.52 FEET TO THE WEST LINE OF THE EAST HALF OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 12 WEST, BAY COUNTY, FLORIDA; THENCE NORTH 00 DEGREES 29 MINUTES 29 SECONDS EAST ALONG SAID WEST LINE FOR 334.00 FEET TO SAID SOUTHWESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 98. THENCE SOUTH 56 DEGREES 01 MINUTES 25 SECONDS EAST ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE FOR 506.12 FEET; THENCE SOUTH 33 DEGREES 58 MINUTES 35 SECONDS WEST FOR 266.19 FEET  TO THE POINT OF BEGINNING    (aVdV JON). 35VHd SGNVS wV9ns  1S2M2 zi VHd SGNVS av9ns  ISVat: aSVHd SANVS wy9ns-  MPENO? ANVTSI GOONO    (IVd V: JONJ. IESVHd SANVS av9ns  SUN l. AI? K  ISMEISVHd SANVSaV9ns  M  svazi asVHd SANVS Vens-  12.0EX3  M7NO? GNVISI a002  WM,    MEXICOBEACH  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAI ITEM#  Agenda Abstract Form Meeting Date: January 23, 2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Consent Regular Closed Agenda Agenda Session  Yes R No  RESENERINFORMATION CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED Subject:  Department of Commerce "Community Planning Technical Assistance (CPTA) Grant" Agreement  Attachment(s): CPTA award letter CPTA grant agreement Brief Summary:  The City ofl Mexico Beach received the notice ofaward for the CPTA grant on August 14, 2023 and received the grant agreement on. January 17,2024; the agreement requires the Mayor's signature to be finalized. Determine ifthe City wants to move forward with the CPTA grant and, ifs sO, approve the agreement for the  Action Requested: Mayor's signature ISSUE OVERVIEW  Background Information & Issue Summary:  When the City was awarded the grant, it was handed off to the City's planning firm of record, tpc; due tot the time and monetary constraints, the scope of work was amended and approved by the DOC. Some confusion occurred when the agenda for a tpc "visioning" workshop was listed on the City's website, which caused the workshop to be cancelled. The Council now needs to decide if they desire to move forward with the grant andi its requirements. Time is oft the essence.  Financial Impacts:  Ag grant award in the amount of $75,000 Staff ecommerdatonaComens Approve the agreement for the Mayor's signature.    FLORIDACOMMERCE  Ron DeSantis J.Alex Kelly  August 14,2023  Douglas Baber, City Administrator City of Mexico Beach 201 Paradise Path Mexico Beach, Florida 32456  Re: State Fiscal Year 2023-2024 Community Planning Technical Assistance Grants  Dear Mr. Baber:  We appreciate your interest in the Florida Department of Commerce's FiondaCommerce) Community Planning Technical Assistance Grant Program. We are pleased to inform you that your grant proposal to develop a 20 Year Community Master Plan in coordination with your Hurricane Michael Recovery and Rebuilding process was selected for funding in the amount up FloridaCommerce will provide additional information to finalize the scope of work and complete the grant agreement. For your convenience, we have enclosed a copy of our grant agreement template for you to begin your internal review. Beginning on or after July 1, 2023, any invoice for work specifically related to the grant project will be eligible for reimbursement after the grant agreement has been fully executed. If for any reason the grant agreement is not executed by We look forward to our continued partnership, and if you have any questions, please do not hesitate to contact Scott Rogers, Regional Planning Administrator, by telephone at 850-717-  to$75,000.  both parties, cost reimbursement for work performed will not be available.  8510 or by email Scott. RogeRACAmmeAISOA  Sincerely,  Meredith Ivey, Deputy Secretary Division of Community Development  Ed2  Ml/cb Enclosure  cc: Cristin Beshears, Agreement Manager, Florida Department of Commerce Michael Manning, Development Services Director, City of Mexico Beach  Ane equal opportunity employer/program. Auxiliary; aids and service are available upon request toi individuals with disabilities. Allv voice telephone numbers ont this document may ber reached byp persons using TTY/TTD equipment viat the Florida  Caldwell Building I 107E. Madison Street Tallahassee, FL32399 850.245.7105 I www. Floridalobs.Org I Twitter: @FLACommerce  Relay Service at711.    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  COMMUNITY PLANNING TECHNICAL ASSISTANCE  GRANT AGREEMENT STATE OF FLORIDA DEPARTMENT OF COMMERCE  THIS GRANT AGREEMENT "Agreement") is made and entered into by and between the State of Florida, Department of Commerce ("Commerce"),: and the City of Mexico Beach, Florida ("Grantee"). Commerce and Grantee are sometimes referred to hereini individually as a "Party" and collectively as "the Parties." WHEREAS, Commerce has the authority to enter into this Agreement and distribute State of Floridai funds ("Award Funds") in the amount and manner: set forth in this Agreement andi int thet following  Attachments incorporated herein as an integral part of this Agreement:  Attachment 1: Scope of Work  Attachment 1-A: Invoice: Granteessubcontractors) (Contractual Services) Attachment 1-C: Invoice: Combination of Grantee's Subcontractor(s) and Grantee's Attachment 1-E: SERA. Access Authorization Form (form provided after execution of this  Attachment 1-B: Invoice: Grantee's Employee(s) Attachment 1-D: Grant Agreement Final Closeout Form  Employee(s) agreement)  Attachment 2 and Exhibit 1 to Attachment 2: Audit Requirements Attachment 3: Audit Compliance Certification  WHEREAS, the Agreement and its aforementioned Attachments are hereinafter collectively referred to as the "Agreement', and if any inconsistencies or conflict between the language of this Agreement and its Attachments arise, then the language oft the Attachments shall control, but onlyt to the  extent oft the conflict or inconsistency;  WHEREAS, Grantee hereby represents and warrants that Grantee's signatory to this Agreement has authority to bind Grantee to this Agreement as of the Effective Date and that Grantee, through its undersigned duly authorized representative in his or her official capacity, has the authority to request, accept, and expend Award Funds for Grantee's purposes in accordance with the terms and conditions of  this Agreement;  NOW THEREFORE, for andi in consideration oft the covenants and obligations set forth herein and for other good and valuable consideration, ther receipt and sufficiency of which are hereby acknowledged, the Parties intending to be legally bound hereby agree to perform the duties described herein in this  Agreement as follows: A. AGREEMENT PERIOD  This Agreement is effective as of July 1, 2023 (the "Effective Date") and shall continue until the earlier to occur of (a). June 30, 2024 (the "Expiration Date") or (b) the date on which either Party terminates this Agreement (the Termination Date"). The period of time between the Effective Date andi the Expiration Date or Termination Date is the "Agreement Period."  Page 1of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  B. FUNDING  This Agreement isa a cost reimbursement, Agreement. Commerce. shall pay Grantee upt to Seventy- Five Thousand Dollars and Zero Cents ($75,000.00) in consideration for Grantee's performance under this Agreement. Commerce, in its sole and absolute discretion, may provide Grantee an advance of Award Funds under this Agreement. Travel expenses are authorized under this Agreement. Grantee shall submit bills for such travel expenses and shall be reimbursed only in accordance with Section (s.)112.061, Florida! Statutes (F.S.), and thel Invoice Submittal Procedures delineated in Attachment 1, Scope of Work. Commerce shall not pay Grantee's costs related to this Agreement incurred outside of the Agreement Period. In conformity with S. 287.0582, F.S., the State of Florida and Commerce's performance and obligation to pay: any Award Funds under this Agreement is contingent upon an annual appropriation by the Legislature. Commerce shall have final unchallengeable authority as to both the availability of funds and what constitutes an "annual appropriation" of funds. Grantee shall not expend Award Funds for the purpose of lobbying the Legislature, thej judicial branch, or a state agency. Grantee shall not expend. Award Funds to pay any costsi incurred in connection with any defense against any claim or appeal oft the State of Florida or any agency or instrumentality thereof (including Commerce); or to pay any costs incurred in connection with the prosecution of any claim or appeal against the State of Florida or any agency or instrumentality thereof (including Commerce), which Grantee instituted ori in which Grantee has joined as a claimant. Grantee shall either (i) maintain Award Funds in a separate bank account, or (i) expressly designate in Grantee's business records and accounting system that the Award Funds originated from this Agreement. Grantee shall not commingle Award Funds with any other funds. Commerce may refuse to reimburse Grantee for purchases made with commingled funds. Grantee's costs must be in compliance with all laws, rules, and regulations applicable to expenditures of State funds, including the Reference Guide for State Expenditures hitps/www.mylordadocom/doc-slaruntingancaudting.lbraries/tate  agencles/referenceguce-orstateespendturespdsslvrsneb4cc3337 2).  C.ELECTRONICI FUNDSTRANSFER  Within 30 calendar days oft the date the last Party has signed this Agreement, Grantee shall enroll in Electronic Funds Transfer (EFT) from the State's Chief Financial Officer. A copy of the Authorization form can be found on the vendor instruction page at: tps/www.myllordaco.com/diwsion/aa/vendors. Any questions should be directed to the Direct Deposit Section of the Division of Accounting and Auditing at (850) 413-5517. Once  enrolled, invoice payments shall be made by EFT.  D. RENEGOTIATION OR MODIFICATION  The Parties agree to renegotiate this Agreement ifi federal and/or state revisions ofa any applicable laws or regulations make changes to this Agreement necessary. In addition to changes necessitated by law, Commerce may at any time, with written notice to Grantee, make changes within the general scope and purpose of this Agreement, at Commerce's sole and absolute discretion. Such changes mayi include modifications of the requirements, changes to processing procedures, or other changes as decided by Commerce. Grantee shall be responsible for any due diligence necessaryt to determine thei impact of each aforementioned modification or change. Any modification oft this Agreement Grantee requests must bei in writing and duly signed and dated by  all Parties in order tol be valid and enforceable.  Page 2 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  E.AUDIT REQUIREMENTS AND COMPLIANCE  1. Section 215.971, Florida Statutes ("F.S."). Grantee shall comply with all applicable provisions ofs s. 215.971, F.S., and Attachment 2 and Exhibit 1 to Attachment 2: Audit Requirements. Grantee shall perform the deliverables and tasks set forth in Attachment 1, Scope of Work. Grantee may only expend Award Funds fora allowable costs resulting from obligations incurred during the Agreement Period. Grantee shall refund to Commerce any: (1) balance of unobligated. Award Funds which have been advanced or paid to Grantee; or (2) Award Funds paid in excess of the amount to which Grantee is entitled under the terms and conditions of this Agreement and Attachments hereto, upon expiration or termination of this Agreement. 2. Audit Compliance. Grantee understands and shall comply with the requirements of S. 20.055(5), F.S. Grantee agreest to reimburse the Statet fort the reasonable costs of investigation the Inspector General or other authorized State official incurs for investigations of Grantee's compliance withi thet terms oft this or any other agreement between the Grantee andi the State which results in the suspension or debarment of Grantee. Grantee shall not be responsible fora any costs of investigations that do not result in Grantee'ssuspension or debarment.  F. RECORDS AND INFORMATION RELEASE  1. Records Compliance. Commerce is subject to the provisions of chapter 119, F.S., relating to public records. Any document Grantee submits to Commerce under this Agreement may constitute public records under the Florida Statutes. Grantee shall cooperate with Commerce regarding Commerce's efforts to comply with the requirements of chapter: 119, F.S. Grantee shall respond to requests to inspect or copy such records in accordance with chapter119,F.S. for records made or received by Grantee in connection with this Agreement. Grantee shall immediately notify Commerce of the receipt and content of any request bys sending an e-mail to Paqusterommereisow within one (1) business day after receipt of such request. Grantee shalli indemnify, defend, and! hold Commerce harmless from any violation of Florida's publicrecords laws wherein Commerce's disclosure or nondisclosure ofa any publicrecord was predicated upon any act or omission of Grantee. As applicable, Grantee shall comply with s. 501.171, F.S. Commerce may terminate this Agreement if Grantee fails to comply with Florida's public records laws. Grantee shall allow publica access to all records made or received by Grantee in connection with this Agreement, unless the records are exempt from S. 24(a) 2. Identification of Records. Grantee shall clearly and conspicuously markall records submitted to Commerce if such records are confidential and exempt from public disclosure. Grantee's failure to clearly mark each record and identify the legal basis for each exemption from the requirements of chapter 119, F.S., prior to delivery of the record to Commerce serves as Grantee's waiver of a claim of exemption. Grantee shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized byl lawi fora as longa ast those records are confidential: and exempt pursuant to Floridal law. IfCommerce's claim ofe exemption assertedi in response to Grantee's assertion of confidentiality is challenged in any court of law, Grantee shall defend, assume, and be responsible for all fees, costs, and expenses in connection with such challenge. 3. Keeping and Providing Records. Commerce and the State have an absolute right to view, inspect, or make or request copies of any records arising out of or related to this Agreement.  of Article loft the State Constitution or S. 119.07/1),F.S.  Page 30 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  Grantee has an absolute duty tol keep and maintain all records arising out of or related to this Agreement. Commerce may request copies of any records made or received in connection with this Agreement, or arising out of Grantees use of Award Funds, and Grantee shall provide Commerce with copies ofa any records withint ten (10) business days after Commerce'sr request at no cost to Commerce. Grantee shall maintain all books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of Award Funds. For avoidance of doubt, Grantee's duties tol keepa and provide records to Commerce includes all records generated in connection with or as a result of this Agreement. Upon expiration or termination of this Agreement, Grantee shall transfer, at no cost, to Commerce all public records in possession of Grantee or keep and maintain public records required by Commerce to perform the service. IfGrantee keeps and maintains public records upon completion oft this Agreement, Grantee shall meet alla applicable requirements for retaining publicr records. Allr records stored electronically must be provided to Commerce, upon request from Commerce's custodian of records, in ai format that is compatible with thei information technology systems of Commerce. 4. Audit Rights. Representatives of the State of Florida, Commerce, the State Chief Financial Officer, the State Auditor General, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the federal government and their duly authorized representatives shall have access to any of Grantee's books, documents, papers, and records, including electronic storage media, as they may relate tot this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. 5. Single Audit Compliance Certification. Annually within 60 calendar days of the close of Grantee's fiscal year, Grantee shall electronically submit a completed Audit Compliance Certification (a version of this certification is attached hereto as Attachment 3) to Audiecommercelgoy. Grantee's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement for all agreements 6. Ensure Compliance. Grantee shall ensure that any entity which is paid from, or for which Granteesexpenditures willl ber reimbursed by, Award Funds, is aware ofa and will comply with 7. Contact Custodian of Public Records for Questions. IFTHE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-7140, via e-mail at saeseommeeLRA or by mail at Florida Department of Commerce, Public Records Coordinator, 107 East Madison Street,  between Commerce and Grantee.  the aforementioned audit and record keeping requirements.  Caldwell Building, Tallahassee, Florida 32399-4128.  G.TERMINATION. AND FORCE MAJEURE  1. Termination due to Lack of Funds: In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are  Page 4 of41  Rev. 5/19/21    DocuSign Envelope ID:  Agreement #P0487  withdrawn or redirected, Commerce may terminate this Agreement upon no less than 24 hour written notice to Grantee. Commerce shall be thet final authority as to the availability off funds and will not reallocate funds earmarked for this Agreement to another program thus causing "lack oft funds." In the event of termination of this Agreement under this provision, Grantee willl be paidi foranyv worksatisfactorly completed prior to notification oftermination. Thel lack off funds shall not constitute Commerce's default under this Agreement. 2. Termination for Cause: Commerce may terminate the Agreement if Grantee fails to: (1) deliver the services within thet time specifiedi ini the Agreement or any extension; (2) maintain adequate progress, thus endangering performance of the Agreement; (3) honor any term of the Agreement; or (4) abide by any statutory, regulatory, or licensing requirement. The rights and remedies of Commerce in this clause are in addition to any other rights and remedies provided by law or under the Agreement. Grantee shall not be entitled to recover any 3. Termination for Convenience: Commerce, by written notice to Grantee, may terminate this Agreement in whole or in part when Commerce determines in Commerce's sole and absolute discretion that itisi in Commerce'si interest to dos SO. Grantee shall not provide any deliverable pursuant to Attachment 1: Scope of Work after it receives the notice oft termination, except asCommerce otherwise specifically instructs Grantee in writing. Grantee shall not be entitled 4. Grantee's Responsibilities Upon Termination: If Commerce issues al Notice of Termination to Grantee, except as Commerce otherwise specifies in1 that Notice, Grantee shall: (1) Stop work under this Agreement on the date and to the extent specified in the notice; (2) complete performance of such part oft the work Commerce does not terminate; (3) take such action as may be necessary, or as Commerce may specify, to protect and preserve any property which isi in the possession of Grantee and in which Commerce has or may acquire an interest; and (4) upon the effective date of termination, Grantee shall transfer, assign, and make available to Commerce all property and materials belonging to Commerce pursuant tot thet terms oft this Agreement and all Attachments hereto. Grantee shall not receive additional compensation 5. Force Majeure and Notice of Delay from Force Majeure. Neither Partys shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliersi ifno alternate source ofsupplyisa available. However, int thee event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this FORCE MAJEURE AND NOTICE OF DELAY FROMF FORCE MAJEURE section, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay Grantee believes is excusable under this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, Grantee shall notify Commerce in writing oft the delay or potential delaya and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first had reason to believe that a delay  cancellation charges or lost profits.  tor recover any cancellation charges or lost profits.  for Grantee's services in connection with such transfers or assignments.  Page 5 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this FORCE MAJEURE AND NOTICE OF DELAY FROMI FORCE MAJEURE section isac condition precedent to such remedy. Commerce, in its sole discretion, will determine if the delay is excusable under this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section and will notify Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against Commerce. Grantee shall not be entitled to an increase int the Agreement price or payment of any kind from Commerce for direct, indirect, consequential, impact, or other costs, expenses or damages, includingbutnot limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, after the causes have ceased to exist, Grantee shall perform at no increased cost, unless Commerce determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Commercec or the State, in which case, Commerce mayt terminate the Agreement in whole or in part.  H. BUSINESS WITH PUBLIC ENTITIES  Grantee is aware of and understands the provisions of s. 287.133(2)(a), F.S., and s. 287.134(2)(a), F.S. Asr required bys s. 287.135(5), F.S., Grantee certifies that it is not: (1) listed ont the Scrutinized Companies that Boycott Israel List, created pursuant to S.2 215.4725, F.S.; (2) engaged in al boycott of Israel; (3) listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities int the Iran Petroleum Energy Sectorl List, created pursuant tos.215.473, F.S.; or (4) engaged in business operations in Cuba or Syria. Commerce may immediately terminate this Agreement if Grantee submits at false certification as to the above, ori if Grantee is placed on the Scrutinized Companies that Boycott Israel List, engages in a boycott of Israel, is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has engaged in business operations in  Cuba or Syria.  .CONTINUING DISCLOSURE OF LEGAL PROCEEDINGS. (Not applicable)  J.A ADVERTISING AND SPONSORSHIP DISCLOSURE  1. Limitations on Advertising of Agreement. Commerce does not endorse any Grantee, commodity, or service. Unless authorized under the scope of work, subject to chapter 119, F.S., Grantee shall not publicly disseminate any information concerning this Agreement without prior written approval from Commerce, including, but not limited to mentioning this Agreement in a press release or other promotional material, identifying Commerce or the State as a reference, or otherwise linking Grantee's name and either a description of the Agreement or the name of Commerce or the State in any material published, either in print ore electronically, to any entity that is not al Party to this Agreement, except potential or actual employees, agents, representatives, or subcontractors with the professional skills necessary 2. Disclosure of Sponsorship. As required by S. 286.25, F.S., if Grantee is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Grantee's name) and the State of  to perform the work services required by the Agreement.  Page 6of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  Florida, Department of Commerce." If the sponsorship reference is in written material, the words "State of Florida, Department of Commerce" shall appear in the same size letters or  type as the name of the organization.  K.I INVOICES AND PAYMENTS  1. Grantee will provide invoices in accordance with the requirements of the State of Florida Reference Guide for State Expenditures htips/www.myfloraclo.com/docs-sf/accounting: expenditures.pd?siivrsn-b4cc337 2), with detail sufficient for a proper pre-audit and post- audit thereof. Grantee shall comply with the Invoice Submittal and Payment provisions of Section 10 of Attachment 1, Scope of Work, and with the following requirements: a. Invoices must be legible and must clearly reflect the goods/services that were provided ina accordance with thet terms of the Agreement for the invoice period. Payment does not become due under the Agreement until the invoiced deliverable(s) and any required b. Invoices must contain the Grantee's name, address, federal employer identification number or other applicable Grantee identification number, the Agreement number, the Grantee's invoice number, an invoice date, the dates of service, the deliverable number, a description of the deliverable, a statement that the deliverable has been completed, and the amount being requested. Commerce or the State may require any additional information from Grantee that Commerce or the State deems necessary to process an Invoices must be submitted in accordance with the time requirements specified in the 2. Ifthe Granteei isac county or municpaltythatisaruralcommunity or rurala area ofc opportunity as those terms are defined in section 288.0656(2), F.S., the payment of submitted invoices may bei issued for verified and eligible performance that has been completed in accordance with the terms and conditions set forth in this Agreement to the extent that federal or state law, rule, or other regulation allows such payments. Upon meeting either of the criteria set a. Acounty or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., that demonstrates financial hardship; or Acounty or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., and which is located in a fiscally constrained county, as defined in section 218.67(1). Ift the Grantee meets the criteria set forth in this paragraph, then the Grantee is deemed to have demonstrated a financial 3. At Commerce's or the State's option, Grantee may be required to invoice electronically 4. Payment shall be made in accordance with S. 215.422, F.S., Rule 691-24, F.A.C., and S. 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S.,  and-auditing-librares/state-agencies/relerence-guide-for-state-  report(s) are approved and accepted by Commerce.  invoice. Scope of Work.  forth below, the Grantee may elect in writing to exercise this provision.  hardship.  pursuant to guidelines of the Department of Management Services.  Page 7of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  provides that agencies have five (5) working days to inspect and approve goods and services unless the Scope of Work specifies otherwise. Commerce has twenty (20) days to delivera request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. The Scope of Work may specify conditions for retainage. Invoices returned to a Grantee due to preparation errors will result in a delay of payment. Invoice payment requirements do not start until a properly completed invoice is provided to Commerce. Commerce is responsible for all payments under the Agreement. 5. Section 55.03(1), F.S., identifies the process applicable to the determination of the rate of interest payable on judgments and decrees, and pursuant to S. 215.422(3)(b), F.S., this same process applies to the determination of the rate of interest applicable to late payments to vendors for goods and: services purchased byt the State andi for contracts which do not specify  ar rate ofi interest. The applicable rate of interest is published at:  nttps//www.myfloridacfo.com/DMision/AA/localGovernments/Current.htm  6. Grantee shall submit the final invoice for payment to Commerce no later than 60 calendar days after the Agreement ends or is terminated. If Grantee fails to do so, Commerce, in its sole discretion, may refuse to honor any requests submitted after this time period and may consider Grantee to have forfeited any and all rights to payment under this Agreement.  L. RETURN ORI RECOUPMENT OFI FUNDS  1. Recoupment. Notwithstanding anything in this Agreement to the contrary, Commerce has an absolute right to recoup Award Funds. Commerce may refuse to reimburse Grantee for any cost if Commerce determines that such cost was not incurred in compliance with the terms of this Agreement. Commerce may demand a return of Award Funds if Commerce terminates this Agreement. The application of financial consequences as set forth in the Scope of Work is cumulative to any of Commerce's rights to recoup Award Funds. Notwinstandinganynng ini this Agreement to the contrary, in no event: shall the application of any financial consequences or recoupment of Award Funds exceed the amount of Award 2. Overpayments. If Grantee's (a) noncompliance with this Agreement or any applicable federal, state, or local law, rule, regulation or ordinance, or (b) Grantee's performance or nonperformance of any term or condition of this Agreement results in (i) an unlawful use of Award Funds; (ii) a use ofA Award Funds that doesn'tcomplywitht thet terms oft this Agreement; or (ii) a use which constitutes a receipt of Award Funds to which Grantee is note entitled (each such event an Overpayment"),t then Grantee shall return such Overpayment of Award Funds 3. Discovery of Overpayments. Grantee shall refund any Overpayment of Award Funds to Commerce within 30 calendar days of Grantee's discovery of an Overpayment, or receipt of notification from Commerce that and Overpayment has occurred. Commerce is the final authority as to what may constitute an Overpayment of Award Funds. Refunds should be sent to Commerce's Agreement Manager and made payable to the "Florida Department of Commerce". Should repayment not be made in a timely manner, Commerce may charge interest at the lawful rate of interest on the outstanding balance beginning 30 calendar days  Funds, plus interest.  to Commerce.  after the date ofr notification or discovery.  Page 8 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  4. Right of Set-Off. Commerce and the State shall have all of its common law, equitable and statutoryr rights of set-off, including, without limitation, the State's option to withhold for the purposes ofs set-off any moneys due to Grantee under this Agreement upt to any amounts due and owing to Commerce with respect to this Agreement, any other contract with any State department or agency, including any contract for at term commencing prior tot thet term oft this Agreement, plus any amounts due and owing to the State for any other reason. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, thet finalization of such audits byt the State or its representatives.  M. INSURANCE  Unless Grantee is as state agency or subdivision as defined in s. 768.28(2), F.S., Grantee shall provide and maintain at all1 times during this Agreement adequate commercial general liability insurance coverage. As self-insurance program established and operating under the laws of the Grantee, at all times during the Agreement, at Grantee's sole expense, shall provide commercial insurance of suchat type and with suchterms andl limits as may ber reasonably associated witht this Agreement, which, as a minimum, shall be: workers' compensation and employer's liability insurance in accordance with chapter 440, F.S., with minimum employer's liability limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall Grantee shall maintain insurance coverage of such types and with such terms and limits as may be reasonably associated with this Agreement, as required by law, and as otherwise necessary and prudent for the Grantee's performance of its operations in the regular course of business. The limits of coverage under each policy maintained by Grantee shall not be interpreted as limiting Grantee's liability and obligations under this Agreement. All insurance policies shall be through insurers licensed and authorized to write policies in Florida, and such policies shall cover all employees engaged in any Agreement work. Grantee shall maintain any other insurance required in the Scope of Work. Upon request, Grantee shall produce evidence of insurance to Commerce shall not pay for any costs of anyi insurance or policy deductible, and payment of any insurance costs shall be Grantee's sole responsibility. Providing and maintaining adequate insurance coverage isa a material obligation of Grantee, andi failure to maintain such coverager may void the Agreement, at Commerce's sole and absolute discretion, after Commerce's review of Grantee's insurance coverage when Grantee is unable to comply with Commerce's requests concerning additional appropriate and necessary insurance coverage. Upon execution of this Agreement, Grantee shall provide Commerce written verification of the existence and amount for each type of applicable insurance coverage. Within 30 calendar days of the Effective Date of the Agreement, Grantee shall furnish Commerce proof of applicable insurance coverage by standard ACORD1 form certificates ofi insurance. Inthe event that an insurer cancels any applicable coverage fora any reason, Grantee shall immediately notify Commerce of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within 15 business days after the cancellation of coverage. Copies of new insurance certificates must be provided to Commerce's Agreement Manager with each  State of Florida may provide such coverage.  cover all employees engaged ina any Agreement work.  Commerce.  insurance renewal.  Page 9of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  N.CONFIDENTIALITY, AND SAFEGUARDING INFORMATION  Each Party may have access to confidential information made available by the other. The provisions of the Florida Public Records Act, Chapter 119, F.S., and other applicable state and federalla laws will govern disclosure ofany confidentialinformationreceived byt the State ofF Florida. Grantee must implement procedures to ensure the appropriate protection and confidentiality of Except as necessary to fulfill thet terms of this Agreement and with the permission of Commerce, Grantee shall not divulge to third parties any confidential information obtained by Grantee or its agents, distributors, resellers, subcontractors, officers, or employees in the course of performing Agreement work, including, but not limited to, security procedures, business operations information, or commercial proprietary information int the possession of the State or Commerce. Grantee shall not use or disclose any information concerning a recipient of services under this Agreement for any purpose in conformity with: state and federal law or regulations except upon written consent of the recipient, or Recipients' responsible parent or guardian when authorized When Grantee has access to Commerce'snetwork and/ora applications, in order tof fulfill Grantee's obligations under this Agreement, Grantee shall abide by all applicable Commerce Information Technology Security procedures and policies. Grantee (including its employees, subcontractors, agents, or any other individuals to whom Grantee exposes confidential information obtained under this Agreement), shall nots store, or allow tol be stored, any confidential information on any portable storage media (e.g., laptops, thumb drives, hard drives, etc.) or peripheral device with the capacity to hold information. Failure to strictly comply with this provision shall constitute a Grantee shall immediately notify Commerce in writing when Grantee, its employees, agents, or representatives become aware of an inadvertent disclosure of Commerce's unsecured confidential information in violation of the terms of this Agreement. Grantee shall report to Commerce any Security Incidents of which itl becomes aware, including incidents sub-contractors or agents reported to Grantee. For purposes of this Agreement, "Security Incident" means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of Commerce information in Grantee's possession or electronic interference with Commerce operations; provided, however, that random attempts at access shall not be considered: as security incident. Grantee shall make a report to Commerce not more than seven (7) business days after Grantee learns of such use or disclosure. Grantee's report shalli identify, to the extent known: (i) the nature of the unauthorized use or disclosure, (ii) the confidential information used or disclosed, (ii) who madet the unauthorized use or received the unauthorized disclosure, (iv) what Grantee. has done or shall do to mitigate any detrimental effect of the unauthorized use or disclosure, and (v) what corrective action Grantee has taken or shall take to prevent future similar unauthorized use or disclosure. Grantee shall provide such other information, including a written In the event of a breach of security concerning confidential personal information involved with this Agreement, Grantee shall comply with s. 501.171, F.S., as applicable. When notification to  all data, files, and records involved with this Agreement.  byl law, ifapplicable.  breach of Agreement.  report, as Commerce's Information Security Manager requests.  Page 10 of41  Rev. 5/19/21    DocuSign Envelopel ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  affected persons is required under this section of the statute, Grantee shall provide that notification, but only after receipt of Commerce's written approval oft the contents of the notice. Defined: statutorily under section! 501.171(1)a),FS. andi for purposes oft this Agreement, "breach of security" or "breach" means the unauthorized access of data in electronic form containing personal data. Goodfaith: gatomepenolitem-en bya an employee or agent of Grantee is not a breach, provided the information is not used for a purpose unrelated to Grantee's obligations under this Agreement or is nots subject to further unauthorized use.  O.PATENTS, COPYRIGHTS, AND ROYALTIES  1. All legal title and every right, interest, claim or demand of any kind, in and to any patent, trademark or copyright, or application for the same, or any other intellectual property right to, the work developed or produced under or in connection with this Agreement, is the exclusive property of Commerce to be granted to and vested in the Florida Department of Statei for the use and benefit of the state; and no person, firm or corporation shall be entitled to use the same without the written consent of the Florida Department of State. Any contribution by Grantee ori its employees, agents or contractors to the creation of suchy works shall be considered works made for hire by Grantee for Commerce and, upon creation, shall bec owned exclusively! by Commerce. Toi the extent that any such works mayr not be considered works made for hire for Commerce under applicable law, Grantee agrees, upon creation of such works, to automatically assign to Commerce ownership, including copyright interests and any other intellectual property rights therein, without the necessity of any further 2. Ifany discovery or invention arises or is developed in the course or as a result of work or services performed with funds from this Agreement, Grantee shall refer the discovery or invention to Commerce who will refer it to the Department of State to determine whether 3. Where activities supported by this Agreement produce original writings, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, Commerce has the right to use, duplicate, and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to allow others acting on behalf of Commerce to do SO. Grantee shall give Commerce written notice when any books, manuals, films, websites, web elements, electronic information, or other copyrightable materials are 4. Notwithstanding any other provisions herein, in accordance with S. 1004.23, F.S., a State University is authorized in its own name to perform all things necessary to secure letters of patent, copyrights, and trademarks on any works it produces. Within 30 calendar days of same, the president of a State University shall report to the Department of State any such university's action taken to secure or exploit such trademarks, copyrights, or patents in  consideration.  patent protection will be sought ini the name of the State of Florida.  produced.  accordance with 5. 1004.23(6), F.S.  P.INFORMATION TECHNOLOGYI RESOURCE  Grantee shall obtain prior written approval from the appropriate Commerce authority before purchasing any Information Technology Resource (ITR) or conducting any activity that willi impact Commerce's electronic information technology equipment or software in any way. ITR includes  Page 11 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  computer hardware, software, networks, devices, connections, applications, and data. Grantee shall contact the Commerce Agreement Manager listed herein in writing for the contact information oft the appropriate Commerce authority for anys such ITR purchase approval.  Q. NONEXPENDABLE PROPERTY  1. For the requirements of this Nonexpendable Property section of the Agreement, nonexpendable property"i 'is thes same as' "property" as definedins.2 273.02, F.S., (equipment, fixtures, and other tangible personal property of a non-consumable and nonexpendable 2.A Alln nonexpendable property, purchased under this Agreement, shall be listed ont the property records of Grantee. Grantee shall inventory annually and maintain accounting records for all nonexpendable property purchased and submit an inventory report to Commerce with the final expenditure report. The records shall include, at a minimum, the followingi information: property tagi identification number, description of thei item(s), physical location, name, make or manufacturer, year, and/or model, manufacturer's serial number(s), date of acquisition, 3. Atr not time shall Grantee dispose ofr nonexpendable property purchased under this Agreement without the written permission of andi in accordance withi instructions from Commerce. 4. Immediately upon discovery, Grantee shall notify Commerce, in writing, of any property loss 5. Grantee shall be responsible for the correct use of all nonexpendable property Grantee 6. Af formal Agreement amendment is required prior to the purchase of any item of nonexpendable property not specifically listedi in Attachment 1, Scope of Work. 7. Upon the Expiration Date of this Agreement, Grantee is authorized to retain ownership of any nonexpendable property purchased under this Agreement; however, Grantee hereby grants to Commerce a right of first refusal in all such property prior to disposition of any such property during its depreciable life, in accordance with the depreciation schedule in use by Grantee. Grantee shall provide written notice of any such planned disposition and await Commerce's response prior to disposing of the property. "Disposition" as used herein, shall include, but is not limited to, Grantee no longer using the nonexpendable property for the uses authorized herein; the sale, exchange, transfer, trade-in, or disposal of any such nonexpendable property. Commerce, in its sole discretion, may require Grantee to refund to Commerce the fair market value of the nonexpendable property at the time of disposition  nature).  and the current condition of thei item.  with the date and reason(s) for the loss.  purchases or Commerce furnishes under this Agreement.  rather than taking possession of the nonexpendable property.  R. REQUIREMENTS APPLICABLE TO THE PURCHASE OF ORI IMPROVEMENTSTO REAL PROPERTY (Not  applicable)  Page 12 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-933-7352BA6144C8  Agreement #P0487  S.CONSTRUCTION. AND INTERPRETATION  The title of and the section and paragraph headings in this Agreement are for convenience of reference only and shall not govern or affect thei interpretation of any oft the terms or provisions of this Agreement. The term "this Agreement" means this Agreement together with all attachments and exhibits hereto, as the same may from time to time be amended, modified, supplemented, or restated in accordance withi thet terms hereof. The use int this Agreement ofthe term "including" and other words of similar import mean "including, without limitation" and where specific language is used to clarify by example a general statement contained herein, such specific language shall not be deemed to modify, limit, or restrict in any manner the construction of the general statement to which it relates. The word "or" is not exclusive and the words "herein," "hereof," "hereunder," and other words of similar import refer to this Agreement, including any Exhibits and Attachments, andi not to any particular section, subsection, paragraph, subparagraph, or clause contained in this Agreement. As appropriate, the use herein of terms importing the singular shall alsoi include the plural, andvice versa. The reference to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof and the reference to a statute means such statute as amended from time to time andi includes any successor legislation thereto and any regulations promulgated thereunder. All references to "$" shall mean United States dollars. The term "Grantee" includes any person or entity which has been duly authorized to and has the actual authority to act or perform on Grantee's behalf. The term "Commerce" includes the State of Florida and any successor office, department, or agency of Commerce, and any person or entitywhich! has been duly authorized to and has the actual authority to act or perform on Commerce's behalf. The recitals of this Agreement are incorporated herein by reference and shall apply to the terms and provisions of this Agreement and the Parties. Time is of the essence with respect to the performance of all obligations under this Agreement. Each Party has read and understands this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this  Agreement. T.CONFLICT OF INTEREST  This Agreement is subject to chapter 112, F.S. Grantee shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. Grantee shall also disclose the name of any State employee who owns, directly ori indirectly, more than a 5%i interest  in Grantee or its affiliates. U. GRANTEE. AS INDEPENDENT CONTRACTOR  Grantee is at all times acting and performing as an independent contractor. Commerce has no ability to exercise any control or direction over the methods by which Grantee may perform its work and functions, except as provided herein. Nothing int this Agreement may be understood to  constitute aj partnership orj joint venture between the Parties.  V.EMPLOYMENT ELIGIBILITYVERIFICATION-EVERIFY  Page 13 of41  Rev. 5/19/21    DocuSign Envelopel ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  1. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found at: https://www.e-  verify.gov/.  2. Section 448.095, F.S., requires the following:  a. Every public agency and its contractors and subcontractors shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees. A public agency or a contractor or subcontractor thereof may not enter into a contract unless each b. An employer shall verify each new employee's employment eligibility within three (3) business days after the first day that the new employee begins working for pay as required under 8 C.F.R. 274a. Beginning July 1, 2023, a private employer with 25 or more employees shall use the E-Verify system to verify a new employee's employment eligibility. 3. Ifane entity does not use E-Verify, the entity shall enroll int the E-Verify system prior to hiring any new employee or retaining any contract employee after the effective date of this Agreement.  party tot the contract registers with and uses the E-Verify system.  W. NOTIFICATIONS OF INSTANCES OF FRAUD  Upon discovery, Grantee shall report all known or suspected instances of Grantee, or Grantee's agents, contractors or employees, operational fraud or criminal activities to Commerce's  Agreement Manager in writing within 24 chronological hours.  X. NON-DSCAIMINATION  Grantee shall not discriminate unlawfully against anyi individual employed in the performance of this Agreement because of race, religion, color, sex, physical handicap unrelated to such person's ability to engage in this work, national origin, ancestry, or age. Grantee shall provide a harassment-free workplace, with any allegation of harassment to be given priority attentionand  action.  V.ASSIGNMENTS. AND SUBCONTRACTS  1. Grantee shall not assign, subcontract, or otherwise transfer its rights, duties, or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of Commerce, which consent may be withheld in Commerce's sole and absolute discretion. Commerce is at all times entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental entity in the State of Florida. Any attempted assignment of this Agreement or any of the rights hereunder by Grantee in violation of this 2. Grantee agrees to be responsible for all work performed: and all expenses incurred int fulfilling the obligations oft this Agreement. Ifi in the scope of work or in a separate writing Commerce permits Grantee to subcontract all or part of the work contemplated under this Agreement,  provision shall bev void abi initio.  Page 14 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-E51-9933-7352BA6144C8  Agreement #P0487  including entering into subcontracts with vendors for services, it is understood by Grantee that all such subcontract arrangements shall be evidenced by a written document containing all provisions necessary to ensure subcontractor's compliance with applicable state and federal law, and that Grantee remains fully responsible for all work performed and all expenses incurred in fulfilling the obligations of this Agreement. Grantee further agrees that Commerce shall not be liable to the subcontractor for any expenses or liabilities incurred under thes subcontract and Grantee shall be solely liable tot the subcontractor for all expenses andl liabilities incurred under the subcontract. Grantee, ati its expense, will defend Commerce 3. Grantee agrees that all Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shalli furnish a copy oft technical certification or other proof of qualification. All Grantee employees, subcontractors, or agents performing work under the Agreement must comply with all Commerce security and administrative requirements identified herein. Commerce may conduct, and Grantee shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by Grantee. Commerce may refuse access to, or require replacement of, any of Grantee's employees, subcontractors, or agents for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non- compliance with Commercessecunty or administrative requirements identified herein. Such refusal shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. Commerce may reject and bar from any facility for cause any of Grantee's 4. Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to Grantee. Int the event the State of Florida approves transfer of Grantee's obligations, Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In addition, this Agreement shall bind the successors, assigns, and legalre representatives of Grantee and of any 5. Grantee agrees to make payments to the subcontractor within seven (7) working days after receipt oft full or partial payments from Commerce ina accordance withs s. 287.0585,F.S., unless otherwise: stated ini the Agreement between Grantee and subcontractor. Grantee'sf failure to payi its subcontractors within seven (7) working days will result in a penalty charged against Grantee and paid to the subcontractor in the amount of one-half of one percent of the amount due per day from the expiration of the period allowed herein for payment. Such penaltys shall bei in addition to actual payments owed ands shall not exceed fifteen (15) percent 6. Grantee shall provide a monthly Minority and Service-Disabled Veteran Business Enterprise Report for each invoice period summarizing the participation of certified and non-certified minority ands service-disabled veteran subcontractors/matera. suppliers for that period, and project to date. The report shall include the names, addresses and dollar amount of each certified and non-certified Minority Business Enterprise and Service-Disabled Veteran Enterprise participant and a copy must be forwarded to Commerce's Agreement Manager. The Office of Supplier Diversity at (850) 487-0915 will assist in furnishing names of qualified  against such claims.  employees, subcontractors, or agents.  legal entity that succeeds to the obligations of the State of Florida.  oft the outstanding balance due.  Page 15 of41  Rev. 5/19/21    DocuSign Envelopel ID: 74A02D34-25D94E51-9933-7352BA6144C8  Agreement #P0487  minorities. CommercesMinorty, Coordinatora at (850)245-7471 will assist with questions and 7. Commerce shall retain the right to reject any of Grantee's or subcontractor's employees whose qualifications or performance, in Commerce's, judgment, are insufficient.  answers.  Z.ENTIRE AGREMENESIVERALITE CONFLICTS; COUNTERPARTS.  This Agreement, and the attachments and exhibits hereto, embody the entire agreement of the Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the Parties. If a court of competent jurisdiction voids or holds unenforceable any provision of this Agreement, then that provision shall be enforced only to the extent that it is not in violation of law ori is not otherwise unenforceable, and all other provisions: shall remaini int fullf force ande effect. Ifa any inconsistencies or conflict between the language of this Agreement and its Attachments arise, then the language of the attachments shall control, but only to the extent oft the conflict or inconsistency. This Agreement may! be executed in counterparts, each of whichs shall bea an original  and all of which shall constitute but one and the same instruments. AA. WAIVER; GOVERNING LAW; ATTORNEYS' FEES, DISPUTE RESOLUTION  1. Waiver. Nov waiver by Commerce of any of provision herein shalll be effective unless explicitly seti forth in writing and signed by Commerce. No waiver by Commerce may be construed as a waiver of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. Not failure by Commerce to exercise, or delayi in exercising, any right, remedy, power orp privilege under this Agreement may be construed as a waiver thereof; nor shall any single orp partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The 2. Governing Law. Thel laws oft the State of Florida: shall govern the construction, enforcement, and interpretation of this Agreement, regardless of and without reference to whether any applicable conflicts of laws principles may point to the application of the laws of another jurisdiction. The Parties expressly consent to exclusive jurisdiction and venue in any state court located in Leon County, Florida, and waive any defense of forum non conveniens, lack of personalj jurisdiction, or like defense. INANYLEGAL ORI EQUITABLE ACTION BETWEENTHE PARTIES, THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY. JURY TO THE FULLEST EXTENT 3. Attorneys' Fees, Expenses. Except as set forth otherwise herein, each of thel Parties shall pay its own attorneys' fees and costs in connection with the execution and delivery of this 4. Dispute Resolution. Commerce shall decide disputes concerning the performance of the Agreement, and Commerce shall serve written notice of same to Grantee. Commerce's decision shall be final and conclusive unless within 21 calendar days from the date of receipt, Grantee submits a petition for an administrative hearing to Commerce's Agency Clerk.  rights and remedies set forth herein are cumulative and not exclusive.  PERMITTED BY LAW.  Agreement and thet transactions contemplated hereby.  Page 16 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7353-7352BA6144C8  Agreement #P0487  Commerce's final order on the petition shall be final, subject to any right of Grantee to judicial review pursuant to S. 120.68, F.S. Exhaustion of administrative remedies is an absolute condition precedent to Grantee's ability to pursue any other form of dispute resolution; provided! however, thatt the Parties may employthe: alternative disputeresolution  procedures outlined in chapter 120, F.S.  BB. INDENTIFICATION  1. IfG Grantee is a state agency or subdivision, as defined in S. 768.28(2), F.S., pursuant to S. 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other 2. Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Commerce, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify, defend, and hold harmless the State and Commerce, andt their officers, agents, and employees fort that portion of any loss or damages the negligent act or omission of Commerce or the State proximately caused. 3. Further, Grantee shall fullyi indemnify, defend, and hold harmless the State and Commerce from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right; provided, however, that the foregoing obligation shall not apply to Commerce's misuse or modification of Grantee's products or Commerce's operation or use of Grantee's products in a manner not contemplated by this Agreement. Ifany product is the subject of ani infringement suit, ori in Grantee's opinion is likely to become the subject of such a suit, Grantee may, at Grantee's sole expense, procure for Commerce the right to continue using the product or to modifyi it to become non-infringing. If Grantee is not reasonably able to modify or otherwise secure for Commerce ther right to continue using the product, Grantee shall remove the product and refund Commerce the amounts paid in excess of a reasonable fee, as determined by Commerce ini its sole and absolute discretion, for past use. Commerce shall not be liable for Grantee's obligations under the two immediately preceding paragraphs above, with respect toa any legal action are contingent upon the State or Commerce giving Grantee: (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense, and (3) assistance in defending the action at Grantee's sole expense. Grantee shall not be liable for any cost, expense, or compromise incurred or made by the State or Commerce in any legal action without Grantee's prior 5. The State and Commerce may, in addition to other remedies available to them at law or equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set offa anyl liability or other obligation of Grantee ori itsa affiliates to the State against any payments due Grantee under any Agreement with the State.  Party for the other Party/snegligence.  any royalties.  written consent, which shall not be unreasonablywitheld.  Page 17 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D94E51-9933-7352BA6144C8  Agreement #P0487  CC. CONTACT INFORMATION FOR GRANTEE AND COMMERCE  Grantee's Agreement Manager: Chris Hubbard, City Administrator 201 Paradise Path Mexico Beach, Florida 32456 Telephone: 850-648-5700 Chubbard@mexicobeachfl.gov COMMERCE's Agreement Manager: Cristin Beshears Florida Department of Commerce 107 East Madison Street, MSC160 Tallahassee, FL 32399-4120 Telephone: (850)717-8486 Facsimile: (850)717-8522 Email: CrstinBeshears@commerce.lgoy  DD. NOTICES  The Parties' respective contact information is set forth in the immediately preceding paragraph and may be subject to change at the Parties' discretion. Ifthe contact information changes, the Party making such change will notifyt the other Partyi in writing. Where the term "written notice" is used to specifyar notice requirement herein, said notice shall be deemed to have been given (i) when personally delivered; (ii) when transmitted via email with proof of delivery; (ii) the next business day following the day on which the same has been delivered prepaid to a recognized overnight deliveryservice; or (iv)t the day on which1 thes same is sent by certified or registeredi mail,  postage prepaid, with return receipt.  [Rest of page left intentionally blank; Attachments toj follow after signature page]  Page 18 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9.4E51-9933-7352BA6144C8  Agreement #P0487  IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the attachments hereto, the Parties, through their duly-authorized representatives, sign this Agreement and represent and warrant that they understand the Agreement and Attachments' terms and conditions as of  the Effective Date.  FLORIDA DEPARTMENT OF COMMERCE  CITY OF MEXICO BEACH, FLORIDA  By  By  Signature J.Alex Kelly Secretary  Signature Michele Miller Mayor  Title Date  Title Date  Approved as tot form andl legal sufficiency, subject onlyt to fulla and proper execution by thel Parties. OFFICE OF GENERAL COUNSEL FLORIDA DEPARTMENT OF COMMERCE  By: Approved Date:  Page 19 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9.4E51-993-7352BA6144C8  Agreement #P0487  Attachment: 1 SCOPE OFI WORK  1. GRANT AUTHORITY. This Community Planning Technical Assistance grant is provided pursuant to Section (s.)163.3168, Florida Statutes (F.S.), and Specific Appropriation 2340, Chapter 2023-2391 Laws of Florida, to provide direct and/or indirect technical assistance to help Florida communities find creative solutions to fostering vibrant, healthy communities, while protecting the functions of 2. PROJECT DESCRIPTION: The City of Mexico Beach, Florida, ("Grantee" or "City") shall prepareareport on economic development and mobility strategies related to the City of Mexico Beach recovery from Hurricane Michael. The report shall include a Community Vision Statement, evaluate existing conditions, issues and constraints, provide recommendations for vehicle parking and pedestrian, bicycle and golf cart mobility, provide recommended economic development strategies andi identify 3. GRANTEE'S RESPONSIBILITIES: Grantee shall timely perform the Deliverables and Tasks described in this section and in Section 5 below, and in doing so, Grantee shall comply with all the terms and conditions of this Agreement. All deliverables and tasks under this Agreement must be completed on or before the end of the agreement period in Section A. of this Agreement, unless extended by A. Deliverable 1. Visioning Session; Report on Existing Conditions, Issues and Constraints;  important State resources andi facilities.  implementation projects.  an amendment to this Agreement signed by both parties.  Subcontract or Notice Grantee shall:  1. Conduct one or more advertised public visioning session workshop(s) in the City of Mexico Beach to solicit citizen input and ideas and identify community values related to current and future development andr redevelopment oft the City. Prepareaworkshopi public notice, agenda and presentation materials and invite the public to attend the workshop(s). Prepare a Visioning Session Report thati includes thet followingi information! based on the visioning session workshop(s): (1) a summary of citizen input, ideas and community values related to current and future development and redevelopment of the City; and (2) a draft City of Mexico Beach 2. Prepare a' "Report on Existing Conditions, Issues and Constraints" that includes the following information for the City: (1) a general summary of existing conditions related to land use, mobility, housing, natural resources, infrastructure and population; (2) a summary of damage caused by Hurricane Michael; (3) an evaluation of existing land uses compared to the Comprehensive Plan Future Land Use Map and grandfathered lot sizes and how the existing land uses and projected land uses are practical compared to lots sizes; (4) an analysis of bicycle, pedestrian and golf cart routes, connectivity and safety factors related to mobility; (5) an identification of proposed new routes for non-motorized transportation routes; and (6) any  Community Vision Statement.  other information deemed appropriate by the Grantee.  Page 200 of41  Rev. 5/19/21    DocuSign Envelope ID:  Agreement #P0487  3. If Grantee enters into a subcontract or an amendment to an existing subcontract for work to be performed under this Agreement, provide a copy of the subcontract or amendment to Commerce or notify Commerce in writing by email or other document that Grantee has not entered into such a subcontract or amendment as of the Deliverable Due Date for this  Deliverable 1.  B. Deliverable 2. Sidewalk Plan, Subcontract or Notice  Grantee shall:  1. Prepare a draft "City of Mexico Beach Sidewalk Plan" that includes the following information for the City: (1) an identification of recommended improvements to existing corridors for pedestrian mobility; (2) a vision for urban canopy improvements to improve pedestrian comfort; (3) an analysis of vehicle parking opportunities and recommendations for vehicle parking solutions; and (4) recommendations for changes to the City's Comprehensive Plan 2. IfGrantee enters into a subcontract or an amendment to an existing subcontract for work to be performed under this Agreement, provide a copy of the subcontract or amendment to Commerce or notify Commerce in writing by email or other document that Grantee has not entered into such a subcontract or amendment as of the Deliverable Due Date for this  Future Land Use Map and Zoning Map.  Deliverable: 2.  Deliverable 3. Economic Development Strategies; Subcontract or Notice  Grantee shall:  1. Prepare a draft "Report on City of Mexico Beach Economic Development Strategies" that includes the following information fort the City: (1)ana analysis ofe existing andi future buildings, vehicle parking placement and economic development opportunities; and (2) recommended 2. IfGrantee enters into a subcontract or an amendment to an existing subcontract for work to be performed under this Agreement, provide a copy of the subcontract or amendment to Commerce or notify Commerce in writing by email or other document that Grantee has not entered into such a subcontract or amendment as of the Deliverable Due Date for this D. Deliverable 4. Report on City of Mexico Beach Recovery Strategies for Economic Development  strategies for cultivating diverse and innovative economic development.  Deliverable: 3.  and Mobility; Subcontract or Notice  Grantee shall:  1. Prepare a draft "Report on City of Mexico Beach Recovery Strategies for Economic Development: and Mobility" (draft Report) that includes thet following information for the City: (1) Executive Summary; (2)a a City of Mexico Beach Community' Vision Statement based on the results of Deliverable 1 of this Scope of Work; (3) a "Report on Existing Conditions, Issues and  Page 21 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  Constraints" based on the results of Deliverable 2 of this Scope of Work; (4) a City of Mexico Beach Sidewalk Plan based on the results of Deliverable: 2 of this Scope of Work; (5) a "Report on Cityof Mexico Beach Economic Development Strategies" based ont the results of Deliverable 3of this Scope of Work; and (6) an identification of milestones (by year), potential funding opportunities andi recommended projects to be added future City Budgets to implement the 2. Present the draft "Report on City of Mexico Beach Recovery Strategies for Economic Development andl Mobility" (draft Report) ata an advertised public hearing ofthe City of Mexico Beach local planning agency (LPA) for the purpose of the LPA and public to consider and provide input on the draft Report. Grantee shall prepare a copy of the LPA public hearing notice and agenda. Grantee shall prepare a written narrative summary of the LPA and public 3.F Prepare a revised draft "Report on City of Mexico Beach Recovery Strategies for Economic Development and Mobility" (revised draft Report) based on the results of the LPA public hearing witha any revisions that are deemed appropriatel byt the Grantee. Grantee shall present the revised draft "Report on City of Mexico Beach Recovery Strategies for Economic Development and Mobility" at an advertised public hearing of the City of Mexico Beach City Council for the purpose of the City Council and public to consider and provide input on the revised draft Report. Grantee shall prepare a copy of the City Council public hearing notice and agenda. Grantee shall prepare a written narrative summary of the City Council and public input received at the City Council public hearing related to the revised draft Report. Grantee shall prepare a final "Report on City of Mexico Beach Recovery Strategies for Economic Development and Mobility" (final Report) based on the results of the City Council public hearing and that includes thet following information for the City: (1) Executive Summary; (2)a City of Mexico Beach Community Vision Statement; (3) a Report on Existing Conditions, Issues and Constraints; (4)ac City of Mexico Beach Sidewalk Plan; (5) al Report on City ofMexicoE Beach Economic Development Strategies; and (6) an identification of milestones (by year), potential funding opportunities and recommended projects to be added future City Budgets to 4.If Grantee enters into a subcontract or an amendment to an existing subcontract for work to be performed under this Agreement, provide a copy of the subcontract or amendment to Commerce or notify Commerce in writing by email or other document that Grantee has not entered into such a subcontract or amendment as of the Deliverable Due Date for this  recommendations of the Report.  input received at the LPA public hearing related tot the draft Report.  implement the recommendations of the Report.  Deliverable 4  4. COMMERCE RESPONSIBILITIES: Commerce shall receive and review the Deliverables and, upon Commercesaceptance oft the Deliverables and receipt of Grantee's pertinent invoices in compliance with the invoice procedures of Section K of this Agreement and of Section 10 of this Scope of Work, Commerce shall process payment to Grantee in accordance with the terms and conditions of this 5. DELIVERABLES: The specific deliverables, tasks, minimum levels of service, due dates, and payment  Agreement.  amounts are set forth ini the following table:  Page 22 of41  Rev. 5/19/21    DocuSign Envelope ID:  Agreement #P0487  Deliverables and Tasks Session; Report on Existing Conditions, Issues and Constraints; Grantee shall, in accordance with Section 3.A. of this Scope of Work: visioning session visioning session public notice, agenda and any Grantee presentation material; (2) preparea Visioning Session Report; (3) prepare a Report on Existing Conditions, Issues and Constraints; and (4) provide a copy ofa subcontract, amendment toas subcontract, or notice. Deliverable due date: February15,2024  Minimum Level of Service  Payment Amount Financial Not to Exceed $33,500.00  Consequences As provided in Section 12c of this Scope of Work, below.  Deliverable 1. Visioning Completion of Deliverable 1 as  evidenced by submission ofa all of thei following:  Subcontract or Notice. 1. Visioning Session  Workshop(s) public notice, agenda and any Grantee presentation materials.  (1) conduct one or more 2. Visioning Session Report. workshops and prepare 3. Report on Existing  Conditions, Issues and Constraints. 4. Copy of a subcontract or amendment toa subcontract entered into by the Grantee, ifany, or an email or other document notifying Commerce that no such subcontract or amendment was entered into as of the Deliverable Due Datei fort this Deliverable: 1. Grantee shall submit copies of all required documentation identified above on paper or electronically in MS Word or PDF format. Ifr maps are required, they shall be uploaded to SERA: system or provided on a compact disc in PDF format with ArcGIS 10.3.1 compatible shapefiles if they are available. evidenced by submission of all of thet following: 1. Draft City of Mexico Beach Sidewalk Plan.  Deliverable 2. Sidewalk Completion of Deliverable 2 as  $17,000.00  As provided in Section 12 of this Scope of Work, below.  Plan; Subcontract or Notice. Grantee shall, in accordance with Section 3.B. of this Scope of Work: (1) prepare a draft City of Rev. 5/19/21  Page 23 of41    DocuSign Envelope ID:  Agreement #P0487  Mexico Beach Sidewalk 2. Copy ofas subcontract or  Plan; and (2) provide a copy ofas subcontract, amendment toa subcontract, or notice. Deliverable due date: March 30, 2024  amendment toa subcontract entered into by the Grantee, ifa any, oran email or other document notifying FloridaCommerce that no such: subcontract or amendment was entered into as of the Deliverable Due Date fort this Deliverable: 2. Grantee shall: submit copies of all required documentation identified above on paper or electronically in MS Word or PDF format. Ifr maps are required, they shall be uploaded to SERA system or provided ona compact disci in PDF format with ArcGIS compatible shapefiles if they are available. oft the following:  Deliverable 3. Economic Completion of Deliverable 3 as Development Strategies; evidenced by submission of all accordance with Section 1. Draft Report on City of  $12,000.00  As provided in Section 12 of this Scope of Work, below.  Subcontract or Notice. Grantee shall, in 3.C. of1 this Scope of Work: (1) prepare a draft Report on City of Mexico Beach Strategies; and (2) provide ac copy ofas subcontract, amendment toa subcontract, or notice Deliverable due date: April 30,2024  Mexico Beach Economic Development Strategies amendment toa subcontract entered into by the Grantee, if any, oran email or other document notifying Commerce that no such subcontract or amendment was entered into as of the Deliverable Due Date fort this Deliverable: 3. Grantee shall: submit copies of all required documentation identified above on paper or electronically in MS Word or PDF format. Ifr maps are required, they shall be uploaded  Economic Development 2. Copy ofas subcontract or  Page 24 of41  Rev. 5/19/21    DocuSign Envelope ID: A02D3425094E51.9337352BA614AC8  Agreement #P0487  to SERA: system or provided on a compact disci in PDF format with ArcGIS compatible shapefiles if they are available.  Deliverable 4. Report on Completion of Deliverable 4 as City of Mexico Beach Recovery Strategies for of thei following: Economic Development and Mobility; Subcontract or Notice. Grantee shall, in accordance with Section 3.D. of this Scope of Work: (1) prepare a draft "Report on City of Mexico Beach Recovery Strategies for Economic Development and Mobility;" (2) present draft report ata a public hearing; and (3) prepare a revised draft report Deliverable due date: May 31, 2024  $12,500.00 As provided in  evidenced by submission of all 1. Draft Report on City of Mexico Beach Recovery Strategies for Economic Development and Mobility; 2. Written narrative summary oft the LPA public hearing and publici input received related to the draft Report 3. Revised draft report on City of Mexico Beach Recovery Strategies for Economic Development and Mobility that incorporates revisions based on the LPA public hearing. 4. Copy ofas subcontract or amendment toa subcontract entered into by the Grantee, ifa any, oran email or other document notifying Commerce that no such subcontract or amendment was entered into as of the Deliverable Due Date for this Deliverable 4. Grantee shall submit copies of allr required documentation identified above on paper or electronically in MS Word or PDF format. Ifmaps are required, they shall be uploaded to SERA: system or provided on a compact disci in PDF format with  Section 120 of this Scope of Work, below.  Page 25 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  ArcGIS compatible shapefiles if they are available.  Total Amount Not to Exceed $75,000.00  6. SUBCONTRACTS. In accordance with Section V., Assignments and Subcontracts, of this Agreement and subject to the terms and conditions in sections Y.1. through 7 of this Agreement, this paragraph constitutes Commerce's written approval for Grantee to subcontract for any of the deliverables and/or tasks identified in the Scope of Work for this Agreement. A copy of any executed subcontract/s) or amendment to any existing subcontract(s) shall be provided to Commerce's Agreement Mangerwhensbmitungremburementreguet: documents for payment. Grantee shall bes solely liable for all work performed and all expenses incurred as ar result of any such subcontract. Any subcontracts between the Grantee and a subcontractor for work performed under this Agreement shall identify thel hourly rate of pay to be charged by the subcontractor and shall require all invoices from the subcontractor to the Grantee to identify the hourly rate of pay, actual hours worked on the grant project, and any expenses incurred by the subcontractor in performing such 7. DELIVERABLE DUE DATE. The "deliverable due date" ist the date the deliverable must be received by Commerce by 11:59 p.m. ont that date. For extensions of deliverable due dates, see Section 150 oft this 8. BUSINESSI DAY; COMPUTATION OF TIME. For the purpose oft this Agreement, a "business day" isa any day that is not a Saturday, Sunday, or a state or federal legal holiday. In computing any time period provided ini this Agreement, the date from which the time period runs is not counted. The last dayo of 9. COST SHIFTING. The deliverable amounts specified within the Deliverables section above are established based ont the Parties' estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, thisi is noti intended to restrict Commerce'sability to approve and reimburse allowable costs, incurred by Grantee in providing the deliverables herein. Prior written approval from Commerce's Agreement Manager is required for changes to the above Deliverable amounts that do not exceed ten (10) percent of each deliverable total funding amount. Changes that exceed ten (10) percent of each deliverable total funding amount will require a formal written amendment, as described in Section D., Renegotiation or Modification, of this Agreement. Regardless, in no event shall Commerce  work.  Scope of Work.  the time period ends at 11:59 p.m. on that day.  reimburse costs of more than the total amount of this Agreement.  10. INVOICE: SUBMITTAL. AND PAYMENT.  A. Commerce agrees to reimburse the Grantee for costs under this Agreement in accordance with Section K, Invoices and Payments, of this Agreement in the amount(s) identified per deliverable inSection! 5 of this Scope of Work, above. The deliverable amount specified does not establish the value oft the deliverable. Pursuant to 5-215.9711.FS. Grantee willl be reimbursedi for allowable costsi incurred during the Agreement Period by Grantee in carrying out the Project. B. Subject tot thei terms and conditions of this Agreement, an itemized invoice and all documentation necessary to support the payment request for each deliverable shall be submitted into  Page 260 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-E51-9933-7352BA6144C8  Agreement #P0487  Commerce's Subrecipient Enterprise Resource Application (SERA). SERA Access Authorization Form will be provided after the execution of this Agreement. Invoices are not required to be submitted through the Ariba Supplier Network described in Section K.2. of this Agreement. Invoices shall be submitted in the format shown on Attachments 1-A, 1-B, and 1-C hereto, electronic copies of which shall be provided by Commerce to the Grantee. Grantee shall use Attachment 1-A if work for the deliverable is completed entirely by a subcontractor, Attachment 1-Bifworki fort the deliverable is completed entirely by Grantesemployets), and Attachment 1-C if work for the deliverable is completed both by a subcontractor and by Grantee shall provide one (1) itemized invoice for each deliverable submitted during the applicable period of time. The invoice shall include, at a minimum, thei following:  Grantee's employee(s).  1.G Grantee's name and address; 2. Grantee's federal employer identification number; 3. the Agreement number; 4. the Grantee's invoice number; 5. ani invoice date; 6. the dates of service; 7. the deliverable number; 8. adescription of the deliverable; 10. the amount being requested.  9. astatement that the deliverable has been completed; and  D. Grantee shall submit a final invoice no later than 60 days after this Agreement ends or is E. Documentation that must accompany each itemized invoice: The following documents shall be  terminated: as provided in Section K.5. of this Agreement.  submitted with the itemized invoice: 1. For Work Performed by a Subcontractor:  a. A cover letter signed by the Grantee's Agreement Manager certifying that the payments claimed for the deliverables were specifically for the project, as described Copies of paid invoices submitted to Grantee by the Subcontractor that show the hourly rate of pay charged for the work performed, the actual hours expended ont the work performed, and any expenses incurred by the subcontractor in performing said Proof of payment of invoices submitted to Grantee by the Subcontractor for work performed pursuant to this Agreement (e.g., cancelled checks, bank statement  int this Scope of Work;  work; and  showing deduction).  2. For Work Performed by Grantee's Employees:  a. A cover letter signed by the Grantee's Agreement Manager certifying that the payments claimed for the deliverables were specifically for the project, as described  int this Scope of Work.  Page 27 of41  Rev. 5/19/21    DocuSign Envelope ID:7 74A02D34-25D9.4E51-9933-7352BA6144C8  Agreement #P0487  b. Identification of Grantee's employees who performed work under this Agreement i. The percentage of the employee's time devoted to work under this Agreement or the number of total hours each employee devoted to work ii. Payroll register or similar documentation that shows the employee's gross salary, fringe benefits, other deductions, and net pay. Ifthe employee is paid hourly, a document reflecting the hours worked times the rate of pay is  and, foreach such employee:  under this Agreement.  acceptable.  Invoices or receipts for other direct costs.  d. Usage log fori in-house charges (e.g., postage, copies, etc.) that shows the number of  units times the rate charged. The rate must be reasonable.  F. Payment shall be provided to Grantee in accordance with Section K., Invoices and Payments, of G. Ifthe Grantee is a county or municipality thati isa ar rural community or rural area of opportunity: as those terms are defined in section 288.0656(2), F.S., the payment of submitted invoices may be issued for verified and eligible performance that has been completed in accordance with the terms and conditions set forth in this Agreement to the extent that federal or state law, rule, or other regulation allows such payments. Upon meeting either of the criteria set forth below, the 1. Acounty or municipality thati isar rural community or rural area of opportunity: as thoset terms are defined in section 288.0656(2), F.S., that demonstrates financial hardship; or 2. Acounty or municipality thati isa a rural community or rural area of opportunity: as those terms are defined in section 288.0656(2), F.S., and which is located in a fiscally constrained county, as defined in section 218.67(1), F.S. If the Grantee meets the criteria set forth in this paragraph, then the Grantee is deemed to have demonstrated a financial hardship.  this Agreement.  Grantee may elect in writing to exercise this provision.  11. SUBMITTAL, REVIEW AND ACCEPTANCE OF DELIVERABLES; NOTICE; OPPORTUNITY TO CURE. Grantee shall submit all deliverables to the Commerce CPTA Deliverables email at CPTADelverables@commerce.lgoy and CommercesAgreement Manager or upload the deliverable documents into Commerce's! SERA: system for review. Commerce will review all work submitted for payment under the deliverables and will determine in Commerce's sole and absolute discretion whether the deliverables are sufficient to satisfy the requirements in this Scope of Work. Within 15 business days after receipt of a deliverable, Commerce shall provide written notice to Grantee by electronic mail of Commerce's determination that the deliverable is sufficient and is accepted or that the deliverable isi not sufficient to satisfy the requirements int the Scope of Work and how the Grantee can address the insufficiency. If Commerce determines that a deliverable is not sufficient under this Agreement, Grantee shall have 10 business days from the date of receipt of notice from Commerce to correct the insufficiency, and during this 10-business day period, the financial consequences specified in Section 12 of this Scope of Work will not be assessed. Commerce may extend this timeframe in writing (which may be by electronic mail) if Grantee is actively working with Commerce toresolve the insufficiency; provided, however, that any extension of time under this section will not extend the Agreement Period in Section A. of this Agreement and provided further that, notwithstanding the timeframes in this section, all deliverables and tasks must be completed on or  Page 28 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9.4E51-933-7352BA6144C8  Agreement #P0487  before the end of the Agreement Period in Section A of this Agreement. An extension of time under this section does not require an amendment to this Agreement. Payment for a deliverable shall not be due until Commerce notifies the Grantee's Agreement Manageri in writing that the deliverable or corrected deliverable is sufficient under the Scope of Work andi is accepted by Commerce.  12. FINANCIAL CONSEQUENCES.  A. Financial consequences of $50 a business day upt toar maximum amount of $500 shall be imposed  ine each of thet following circumstances:  1. Grantee submits a deliverable to Commerce more than ten (10) business days after the deliverable due date. Financial consequences begin to accrue on the eleventh business day following the deliverable due date and continue until the deliverable is received by Commerce or the maximum amount of financial consequence accrues, whichever occurs 2. Grantee is given a notice of insufficiency and fails to submit to Commerce a corrected deliverable within the timeframe provided in Section 11 of this Scope of Work. Financial consequences begin to accrue on the business day following the deadline under Section 11 of this Scope of Work and continue until the corrected deliverable is received by Commerce or the maximum financial consequence accrues, whichever occurs first. B. Imposition of the above-described financial consequences shall in no manner affect Commerce's right to impose or implement other provisions in this Agreement including the right to terminate 13. PRELIMINARY DRAFT DELIVERABLES; COMMERCE REVIEW AND COMMENT. Preliminary draft deliverables of proposed or adopted comprehensive plan amendments are required to be provided to Commerce for comment prior tot the deliverable due date as providedi in Section 3. of this Scope of Work. Unless other preliminary draft deliverables are required to be submitted to Commerce under Section 3 oft this Scope ofWork, above, Grantee ise encouraged, but not required, to submit preliminary drafts of all substantive written deliverables (e.g., master plans, studies, reports) to Commerce for review and comment no later than ten (10) business days before the deliverable due date. If Commerce provides comments, Grantee is urged to address them in the deliverable submitted to Commerce for payment. If submission of a preliminary draft deliverable for Commerce review and comment is required under Section 3 or Section 5 of this Scope of Work, above, Commerce shall provide comments to the Grantee no later than four business days before the deliverable due date 14. LIMITED COMPLIANCE REVIEW; NOI DUPLICATION OFWRITTENI MATERIAL. Proposed comprehensive plan amendments that are deliverables under the Scope of Work must be "in compliance" as defined in S. 163.3184(1)D, F.S., and will be evaluated for compliance as part of Commerce's review and determination of whether the deliverable is sufficient to satisfy the requirements in the Scope of Work. Commerce's compliance determination will be al limited determination without input fromi the reviewing agencies identified in S. 163.3184(1)c), F.S. A limited compliance determination for the purpose of this Agreement is not binding on Commerce in a subsequent review under section 163.3184, F.S. Further, al limited compliance determination under this Agreement does not preclude review and comment by reviewing agencies and does not preclude a challenge to the adopted plan  first.  this Agreement.  and the deliverable must address Commerce's comments.  Page 29 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D94E51-9933-7352BA6144C8  Agreement #P0487  amendment by Commerce based on comments by Commerce or other reviewing agencies. Documents submitted to Commerce for payment under this Agreement may not copy or duplicate reports or other written material prepared prior to the Agreement Period in Section A., Agreement Period, of this Agreement or prepared by or on behalf of someone other than the Grantee for a purpose other than the specific grant project identified in this Scope of Work. At the option of the Grantee, copies ofs suchr relevant documents may be appended to documentssubmitted to Commerce 15. EXTENSIONS OF TIME OF DELIVERABLE DUE DATES. Notwithstanding Section D., Renegotiation or Modification, of this Agreement, Commerce's Agreement Manager, in Commerce's sole discretion, mayauthorize extensions of deliverable due dates without a written modification of this Agreement. Extensions shall be requested by Grantee's Agreement Manager (not Grantee's consultant or A. Requests for extension of one or more deliverable due dates shall be submitted by Grantee's Agreement Manager in writing (which may be by electronic mail) to Commerce's Agreement Manager no later than one (1) business day before the deliverable due date (or the earliest of B.A Arequest for an extension of time received by Commerce's Agreement Manager on or after the Ifrequested by Commerce's Agreement Manager, Grantee's Agreement Manager must explain D. Commerce's Agreement Manager shall approve or deny a request for extension of a deliverable due date by electronic mail to Grantee's Agreement Manager within two (2) business days after receipt of the request. Only written approvals of extensions shall be effective. This authority and procedure do not applyt to an extension oft the Agreement Period definedi in Section 16. ADVERTISING AND INFORMATION RELEASE. Notwithstanding Section J., Advertising and Sponsorship Disclosure, and Section F., Records and Information Release, of this Agreement, Grantee is authorized to disclose to the public on its website or by other means that it has been awarded a Community Planning Technical Assistance Grant from Commerce for the work described 17. NOTIFICATION OF INSTANCES OF FRAUD. Instances of Grantee's operational fraud or criminal activities shall be reported to Commerce's Agreement Manager in writing within twenty-four (24) 18. GRANTEE'S RESPONSIBILITIES UPON TERMINATION. If Commerce issues al Notice of Termination to Grantee, except as otherwise specified by Commerce int that notice, the Grantee shall: A. Stop work under this Agreement on the date and to the extent specified in the notice;  for payment.  subcontractor) in accordance with thet following:  multiple due dates for which the extension is requested);  deliverable due date to which the extension applies will not be granted;  the reason for the requested extension; and  A., Agreement Period, of this Agreement.  int this Scope of Work.  chronological hours.  Page 30 of41  Rev.5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  B. Complete performance of such part oft the work as shall not have been terminated by Commerce; Take such action as may be necessary, or as Commerce may specify, to protect and preserve any property which is in the possession of Grantee and in which Commerce has or may acquire an D. Upont thee effective date oftermination of this Agreement, Grantee shalltransfer, assign, andmake available to the Commerce all property and materials belonging to Commerce. No extra compensation will be paid to Grantee for its services in connection with such transfer or 19. CONFLICTS BETWEEN SCOPE OF WORK AND REMAINDER OF AGREEMENT. In1 the event ofa a conflict between the provisions of this Scope of Work and other provisions oft this Agreement, the provisions  interest; and  assignment.  of this Scope of Work: shall govern.  Remainder of Page Intentionally Left Blank -  Page 31 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  Attachment 1-A-I Invoice: GrantesSubcontractors, (Contractual: Services)  INVOICE  GRANTEE'S NAME: FEIN: Agreement No.: TO:  INVOICE NO.: INVOICE DATE:  FOR: |Grantee name] [Grantee address] [Grantee phone number]  Florida Department of Commerce Division of Community Development Attn.: Cristin Beshears 107 East Madison Street Caldwell Building, MSC160 Tallahassee, FL 32399  DESCRIPTION  AMOUNT  Dates of Service: Deliverable,  Completed:  [copy description oft the deliverable from Scope of Work, Section 3]  Category expenditures: Contractual Services  $  TOTAL  $  Page 32 of41  Rev.! 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-933-7352BA6144C8  Agreement #P0487  Attachment 1-B-1 Invoice: Grantee'sEmployeets)  INVOICE  GRANTEE'S NAME: FEIN: Agreement No.:. TO:  INVOICE NO.: INVOICE DATE:  FOR: [Grantee name] [Grantee address) [Grantee phone number]  Florida Department of Commerce Division of Community Development Attn.: Cristin Beshears 107 East Madison Street Caldwell Building, MSC160 Tallahassee, FL 32399  DESCRIPTION  AMOUNT  Dates of Service: Deliverable,  Completed:  [copy description oft the deliverable from Scope of Work, Section 3]  Category expenditures: Salaries Fringe Benefits Travel Postage  $ E  [other direct costs: identify them]  TOTAL  $  Page 33 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  Attachment 1-C-I Invoice: Combination of Granteesubcontractors, and Grantee's Employee(s)  INVOICE  GRANTEE'S NAME: FEIN: Agreement No.: TO:  INVOICE NO.: INVOICE DATE:  FOR: |Grantee name] |Grantee address] |Grantee phone number)  Florida Department of Commerce Division of Community Development Attn.: Cristin Beshears 107 East Madison Street Caldwell Building, MSC160 Tallahassee, FL 32399  DESCRIPTION  AMOUNT  Dates of Service: Deliverable  Completed:  [copy description of the deliverable from Scope of Work, Section 3]  Categorye expenditures: Contractual Services Salaries Fringe Benefits Travel Postage  $ E E  [other direct costs: identifythem)  TOTAL  Page 34 of41  Rev. 5/19/21    DocuSign Envelope ID:  Agreement #P0487  Attachment 1-D- Grant Agreement Final Closeout Form  Ron DeSantis GOVERNOR FLAIR Contract) ID: Recipient Name: Vendor ID: Contract) End Date: Section A: Financial Reconciliation 1.Total Recipient Funds Received from Commerce 2. Total Recipient Expenditures 3.E Balance of Unexpended Program Income (from Section) B) Recipient. Section B: Statement of Recipient Income  GRANT AGREEMENT FINAL CLOSEOUT FORM Contract Amount Deobligated Funds Final Contract Amount  J.. Alex Kelly SECRETARY  4.Ifnegative,t this amount musth ber refunded tot thel Department. Ifp positive, this amounti is tob ber remitted tot the  There was no recipienti income eamed undert thisc contract. Thef following recipient income was carned under this contract. Description of Recipient Income  Source Total Program Income Section C: Property Inventory Certification  Amount  Expended  Balance  $0.00  $0.00  $0.00  e Not tangible property was purchasedi in thec contract period.  e Alln non-expendable: andn non-consumablet tangible property! havinga usefull life oft more thand oney year and acquireda ata costo of$1,000 orn more per unity withg grantf funds arel listedb below. Idol hereby certify thatt thep propertyi inventory described belowi is complete ando correct. Notification willb bes senti immediately to thel Departmento of Commercei ifany changes occurt to thisi inventory. Iwill notd destroy, sell, or otherwise dispose of this property without written permission of  thel Department. Quantity  Description of Property Inventory Acquisitions Cost  Description and Serial Number  Condition  Location  Date  Section D: Recipient Certification true and accurate. Name: Title: true and accurate. Name:  Bys signing! below,I Icertify,t thatt the above representations for Financiall Reconciliation, Recipient Income, and Property Inventory are  Signature:. Date Signed:  Section E: COMMERCE Internal) Review and Approval  Bys signing! below, certify, thatt the above representations for Financiall Reconciliation, Recipient Income, and Property Inventory are  Signature:  Page 35 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-933-7352BA6144C8  Agreement #P0487  Attachment 1-E-Subrecipient Enterprise Resource Application (SERA) Form  Attachment 1-E will be provided after execution of this Agreement  Page 36 of4 41  Rev. 5/19/21    DocuSign Envelopel ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  Attachment 2 AUDIT REQUIREMENTS  The administration of resources awarded by Commerce to the recipient (herein otherwise referred to as "Grantee") may be subject to audits and/or monitoring by Commerce as described int this Attachment: 2. MONITORING. In addition to reviews of audits conducted in accordance with 2 CFR 200, SubpartF- Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may include, but not be limited to, on-site visits by Commerce staff, limited scope audits as defined by 2CFR $200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by Commerce. In the event the Commerce determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by Commerce staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with anyinspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. PART!: FEDERALLY FUNDED. This part is applicable if the recipient is a state or local government or a 1. Arecipient that expends $750,000 or more in federal awards ini its fiscal year must have a single or program-specific audit conducted in accordance with the provisions of2CFR: 200, Subpart F- Audit Requirements. EXHIBIT1tothis form listst the federalresources: awarded1 throughCommerce by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources off federal awards, including federalr resources received from Commerce. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 20 CFR 55200.502-503. Ana audit ofther recipient conducted by the Auditor General in accordance with the provisions of2 CFR $200.514 will meet the requirements of this 2. For the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2CFR55200.508:512. 3. Arecipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If the recipient expends less than $750,000 in federal awards ini its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F- Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost ofsuch an audit must be paid from recipient resources obtained from othert thani federal entities). PARTI!: STATE FUNDED. This parti is applicablei ift the recipient is a nonstate entity as defined by Section Int the event that the recipient expends ai total amount of state financial assistance equal to ori in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a state single or project-specific audit for such fiscal yeari in accordance with S. 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters10.550 (localgovernmenta entities) and 10.650 (nonprofit andf forprolitorganzations, Rules of the Auditor General. EXHIBIT 1t to this form lists the state financial assistance awarded through Commerce by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state  AUDITS.  nonprofit organization as defined in 2CFR $200.90, $200.64, and $200.70.  Part.  215.97(2), Florida Statutes.  Page 37 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  financial assistance received from Commerce, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor 3. Ifthe recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal yearse ending. June 30, 2017, andi thereafter), an: audit conducted in accordance with the provisions of S. 215.97, F.S., is not required. If the recipient expends less than $750,000 in state financial assistancei ini itst fiscaly year and elects tol have ana audit conducted in accordance witht the provisions ofs. 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost ofs such an audit must be paid from the recipient's resources obtained from other than state  received bya a nonstate entity fori federal program matching requirements.  General.  entities).  PARTI I: OTHER AUDIT REQUIREMENTS.  (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter oft that. State awarding entity's policy (.e., the audit is not required by Federal or State laws andi is noti in conflict with other Federal or State audit requirements). Pursuant to Section 215.97/8), Florida Statutes, State agencies may conduct or arrange. for audits of state financial assistance that are in addition to audits conducted in accordance with Section. 215.97, Florida. Statutes. In such an event, the State awarding agency must arrange) for funding thej full cost ofsuch additionalaudits.) INSERT ADDITIONAL AUDIT REQUIREMENTS, IF APPLICABLE, OTHERWISE TYPE "N/A": N/A 1 Copies of reporting packages for audits conducted in accordance with: 2 CFR: 200, SubpartF- Audit Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR $200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse The FAC'swebsite provides a data entry: system andr required forms fors submitting the single audit reporting package. Updates tot thel location oft the FAC and data entry: system may bei found at the 2 Copies of financial reporting packages required by Part Ild oft thist form shall be submitted by or on  PARTIV: REPORT SUBMISSION.  (FAC) as provided in 2 CFR $200.36 and $200.512.  OMB website.  behalf oft the recipient directly to each of thet following: a. Commerce at each of the following addresses:  Electronic copies (preferred): or Paper (hard copy):  Avdierommerellgoy  Florida Department of Commerce MSC#7 75, Caldwell Building 107 East Madison Street Tallahassee, FL 32399-4126  Page 38 of41  Rev. 5/19/21    DocuSign Envelope ID: 74A02D34-25D9-4E51-9933-7352BA6144C8  Agreement #P0487  b. The Auditor General's Office at thet following address: Auditor General  Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street The Auditor General's website lnttps/llaudtorgov) provides instructions for filing an  Tallahassee, Florida 32399-1450  electronic copy of at financial reporting package.  3. Copies of reports or the management letter required by Part Ill of this form shall be submitted by  or on behalf of the recipient directly to: Electronic copies (preferred): Auditecommere.lgov  or Paper (hard copy):  Florida Department of Commerce MSC#75, Caldwell Building 107 East Madison Street Tallahassee, FL. 32399-4126  Any reports, management letters, or other information required to be submitted Commerce pursuant tot this agreement shalll be submitted timely in accordance with 2 CFRS $200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for- Recipients, when submitting financial reporting packages to Commerce for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in PARTV: RECORD RETENTION. The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for aj period of five (5) years from the date the audit report isi issued, or five (5) state fiscal years after all reporting requirements are satisfied and final payments have been received, whichever period is longer, and shall allow Commerce, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to Commerce, or its designee, CFO, or Auditor General upon request fora a period off five (5) years from the date the audit report is issued, unless extended in writing by Commerce. In addition, if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the controlling period as  profit organizations), Rules of the Auditor General, as applicable.  correspondence accompanying the reporting package.  identified above, whichever is longer.  Remainder of Page Intentionally Left Blank-  Page 39 of41  Rev. 5/19/21    DocuSign Envelope ID:  Agreement #P0487  EXHIBIT1 1t to Attachment: 2  FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST  OF THE FOLLOWING: N/A  COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED  PURSUANT TOTHIS AGREEMENT ARE AS FOLLOWS:  N/A  STATE RESOURCES AWARDED TO1 THE RECIPIENT PURSUANTTOTHIS. AGREEMENT CONSISTO OF  THE FOLLOWING:  MATCHING RESOURCES FOR FEDERAL PROGRAMS: SUBECTTOSECTION. 159/FORDASTATUIES:  N/A  State Project: FLORIDAI DEPARTMENT OFCOMMERCE-GSF4002-GROWTHMANAGEMENT COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO  IMPLEMENTATION -$75,000.00 THIS AGREEMENT ARE AS FOLLOWS:  ACTIVITIES ARE LIMITED TO THOSE IN THE SCOPE OF WORK.  NOTE: Title 2 C.F.R. S 200.331, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to  the recipient.  Remainder of Page Intentionally Left Blank-  Page 40 of41  Rev. 5/19/21    DocuSign Envelope ID:  Agreement #P0487  ATTACHMENT3 Audit Compliance Certification  Grantee Name: FEIN:  Grantee's Fiscal Year:  Contact Person Name and Phone Number: Contact Person Email Address:  1. Did Grantee expend state financial assistance, duringi its fiscal year, that it received under any agreement (e.g., agreement, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Grantee and the Florida Department of Commerce  (Commerce)? Yes  No  Ifthe above answer is yes, also answer the following before proceeding to item 2:  Did Grantee expend $750,000 or more of state financial assistance (from Commerce and all other sources Ifyes, Grantee certifies thati it willt timely comply with all applicable state single or project-spedficaudit requirements of section 215.97, Florida Statutes, and the applicable rules of the Department of 2. Did Grantee expend federal awards, during its fiscal year that it received under any agreement (e.g., agreement, grant, memorandum of agreement, memorandum of understanding, economic incentive Ift the above answer isy yes, also answer the following before proceeding to execution of this certification: Did Grantee expend $750,000 or more int federal awards (from Commerce and all other sources off federal Ify yes, Grantee certifies that it will timely comply with all applicable single or program-specific audit Bys signing below,Icertify, on behalf of Grantee, that the above representations for items 1 and 2are  of state financial assistance combined) duringi its fiscal year?  Yes  No  Financial Services and the Auditor General.  award agreement, etc.) between Grantee and Commerce? Yes  No  awards combined) during its fiscal year?.  Yes  No  requirements of2C.F.R. part 200, subpart F, as revised.  true and correct.  Signature of Authorized Representative Printed Name of Authorized Representative  Date  Title of Authorized Representative  Page 41 of41  Rev. 5/19/21    MEXICOBEACH  pA  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDA ITEM#  Agenda Abstract Form Meeting Date: January 23,2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Yes R No  Agenda Consent Agenda Regular Closed Session  PRESENIENINFORMATON CONTACT: Chris Shortt, Dewberry  ITEM TO BE CONSIDERED  Subject:  Parking Lot on St. Joe's Property adjacent to Salt Creek  Attachment(s): Site Plan Grading Plan Brief Summary:  The City Council stipulated the St. Joe Company build a parking lot on the south side of] Hwy 981 to compensate for the additional residents created by the homeslapartments on their property. The St. Joe Company has submitted the plans for aj proposed parking lot adjacent to Salt Creek for approval.  Action Requested: be completed. ISSUE OVERVIEW  Approve the conceptual plan for the proposed parking lot so permits and further engineering requirements can  Background Information & Issue Summary:  The City Council stipulated the St. Joe Company build a parking lot on the south side ofHwy 98 to compensate for the additional residents created by the homes/apartments on their property. Dewberry Engineering was contracted to complete the work and the St. Joe Company has submitted the plans fora proposed parking lot consisting of 62 parking spots adjacent to Salt Creek for approval.  Financial Impacts: None.  Staff ecommenctionsCommens  Approve the conceptual plans for the parking lot or provide direction to Dewberry if changes are desired.    SALT CREEK TEMPORARY PARKING THE ST. JOE COMPANY CITY OFN MEXICO BEACH BAY COUNTY,FLORIDA    SALT CREEK TEMPORARY PARKING THE ST. JOE COMPANY CITY OFN MEXICOBEACH BAY COUNTY,FLORIDA    MEXICOBEACH  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAI ITEM#  Agenda Abstract Form Meeting Date: January 23,2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Yes R No  Consent Agenda Agenda Regular Closed Session  PRESENTERINFORMATON CONTACT: Zach Childs, 98 Real Estate  ITEM TO BE CONSIDERED Subject:  Discussion Regarding Parcel ID# 04523-000-000 (previous location of "Castaways" restaurant)  Attachment(s):  Property Report from the Bay County Property Appraiser's Office; 2015 satellite image of the property; Original Mexico Beach Plat showing each platted lot for the current property; Ordinance No. 540  Brief Summary:  The City has been approached by a Group who would like to build a restaurant at 3114 Hwy 98, inside the Mexico Beach Shopping Center. The Group is completing their due diligence and seeking opinions from the  City Council before they proceed. Action Requested:  Acknowledge the property has sufficient parking for a 150 seat restaurant as part of the Mexico Beach Shopping Center (MBSC); acknowledge there are no stormwater requirements due to the fact the MBSCis covered by an existing FDEP stormwater permit; allow additional construction on the twoj previously  undeveloped platted parcels (4 & 5)to comply with Florida codes and regulations  ISSUE OVERVIEW  Background Information & Issue Summary:  The City has been approached by a Group who would like to build a restaurant at 3114 Hwy 98, inside the Mexico Beach Shopping Center (MBSC). The Group would like to build al larger building) than what was previously on the property to comply with Florida codes and regulations but Ordinance 540 appears to restrict this; however, Ordinance 540 does not address previously undeveloped land/lots. Before moving forward, the Group needs the answers to three questions: 1.) Will the City acknowledge there is sufficient existing parking for a 150 seat restaurant due to the fact this is located in the MBSC? 2.) Will the City acknowledge there are no additional stormwater requirements due to the fact the MBSCi is covered by an existing FDEP stormwater permit? 3.) Will the City permit construction on the previously undeveloped platted parcels (4& 5) to allow al larger building to comply with Florida building and licensing codes and regulations?    Financial Impacts: Potential for increased revenue. Staff RecommenditonsCommens None.    Parcel Summary Parcell ID LocationA Address PropertyUseCode VACANTO COM(001070) Sec/Twp/Rng Tax District 2023FhalMilageRate 17.1425 Acreage Homestead ViewN Map Owner Information Primary Owner Comforter, WilliamF Peter) Jr 5017 7thSt Ports Saint Joe, FL324561729 Valuation BuildingValue ExtraFeaturesValue Land Value LandAgriculturall Value Agricultural (Market) Value Just (Market) Value Assessed Value Exempt Value Taxable Value Save Our Homeso orA AGLA Amount Extral Features Code Description 0267 CONPVMT/INPUT 0125 CLFENINPUT Landl Information Code 001000 Sales N Permits Issued 20190319 20020517  04523-000-000 3114HWY98 MEXICOBEACH32410 "TheD Description: aboveisr nott tobeu usedonle legald documents. 23-65-12W Cityof MexicoBeach (District8) 0.309 N  BriefTaxD Description" MEXICOBEACHUNIT425C2101512345BLKHDB: 174P540RB1 1854P540  2024V Working Values 2023CertifedValues 2022CertihedValues 20210 CertifiedValues  $0 $1,000 $378,000 $0 $0 $379,000 $311,172 $0 $311,172 $67,828  $0 $1,000 $378,000 $0 $0 $379,000 $282,884 $0 $282,884 $96,116  $0 $500 $378,000 $0 $0 $378,500 $256,713 $0 $256,713 $121,787  $0 $500 $232,875 $0 $0 $233,375 $233,375 $0 $233,375 $0  "Just (Market) Value" description- Thisi ist thev value established! byt theF Property Appraisert fora adv valorempurposes: This value does notr represent anticipateds sellingprice.  Numbero ofl Items 1 1  LengthxWiathxHeght OxOx0 OxOx0  Units Unit Type 1 UT 1 UT UnitT Type SF Grantor  Effective) Year Built 2015 2022 Depth 100 Grantee  LandUse COMMERCIAL  NumberofUnits 13,500.00  Frontage 135  MultiParcel SaleDate Sale! Price Instrument Book Page Qualification Vacant/Improved  02/23/1999 $100 PR 1854 540 Unqualifed(U) Improved COMPORTERWPESTATE  Permit! Number 19MB-DEM0127 B1289  Type DEM ADD buidingdepartment.  Description DEMOLITION ADDITION  Amount $0 $40,000  Thep permiti information, providedont thisv websitei iss strictlyf fori informational purposes only. Forc detailed permiti information, please contactt thea applicablet taxinga authorities  Assessment Notice 04523-000-00/PDB,  Adobe Acrobat Readeri isn requiredt tov view, openorp print thisr notice.        WL  uopopswpmgsonogSPPbyetRaR9SyOPeng -susy.xepwppIeasspuoyepooAeqZspi00a  Py30  Slateof Florido Coniy infee fhe outhen: peiming: fomsodp westerly 35AL dong.s hence 69478: Norto boundory neo ight woy. Sale creby, dedicale onéd or ib Wilness wher Secelory ond Wilnessed Sicle Jounty ss Before Secretary civelyef lerico executed dedicotion hereon Shgwn, or Winess my hand ondo official Seal SaleofFionda, Counly of Leonlss Knowiedge and belief,and" at Permonent reerence  MEXICO UNIT NO. 4 Bay Couhty, Florida 1948" Jonuary, LG. FLANAGAN, Surveyor PESTRICTIONS FOR UNir Na4: Biters GEHAS are te commercial use, butne dcohclc bererages cnk seidn the cemmercial zone, strongert thgber anl wine. Bicc'E restrerete te Wetels, Apartments, Reeming AEVsEeVesE courts. Tne remainder dF tne are restrcted te resitential ord duplez spartment use buifing ok errtes cesting lesst tnen 10c0 on mghney crpeach Frcatage lets and baiding cesting less tnan '3c00 onany other résidential let. Ne buriding shell bult let IN Frent OFCN lot than 25 FEt cieser to te acKoF the lat tnans Fuet, whicns Kt isreserved by tne devciopers as utlity easemant. No bvilling shall R ere tet closer. to rsidentia! lot SIdE line than Aling this platof record, endi in dedicating" tne Pubhic streets roads, easements, and sncwn hercon, welos 50 with the epresse contition, that the right tol lay ant or nstall all Pvbhe uhiities, under, or dver sait Public streets, and or said Prorerty, to the Sak Floridoy county boy  Knovs a'lmen by thase presens: lhat Nexico Beach Gorporahion,Inc, the Sirgle octo oflond Shown hereon and moep parlicylorly, describedo ollowsi Cmmence woy (Said: Slafe ZoodN thence has Soid lond oint tobe Suwéyedérdplaited 0s sbown pregaing néreon, anddess he EpH seif, tin, Socressors,' theperpelvol cpresenk tonves, public ther Fighways,be Sireels gss shen berton, rserangunio  Owner 34W 416F bapoint cie which bece ait, bence hence N4Y-58W-A5R, Siale ighwoy No.30, nence S33452W oa plong.said pointon  BEACH  Reen tence nence 458W- ndory, ow.  APart OF The West Y Of Section 3,Twp.65-R.12W  Scale:l'loo'  revérsion reversions aflhes some, whencitra obn Csei presenis hob be signed byis President  ADissondi iis Crporoles Se! affixed EK MEXICO BEACH, CORPORATION INC PRESIDENT SACREIARY T oppeared MEGwin onj GU. Porker, President and Cxporhion, ord acknd diged hot aled, Sec hey ralion 1946. Hisellag NTARERBU TAle. 4,449 been ploced ccarding tol bestofmy law 1FhyE Binte Deyjnning STRLET  My Commissien  hereef. 4NER Clek fthe Grçuit Courh exorinafion Such Cases ecod nty.Fia Alaw CLERK OF CRCuIT COURT  Undern my Hereby Cerhf ihel the allochedp platis iso Correct representation ofo Survey direchion, that e angles and disionces Shown hereon Gre rve and Gammel tothe mode  sutne  LEGEND: Indicates Permanent ReferenceM Monument. STATE 47 U.5.  HIGHWAY HIGHWAY  NO._30 NO.98"  BEACH Pur  ublic  BEILEO  BEACH  DE  - L t  youeas spooad jeppyo qeM yewpue7  6L02/92/6    ORDINANCE NO.540  AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA, DEFINING THE "MEXICO BEACH SHOPPING CENTER," RECOGNIZING THE UNIQUE CHARACTERISTICS OF THIS AREA, ESTABLISHING FUTURE ALLOWANCES FOR PARKING AND DEVELOPMENT, GRANTING A VARIANCE TO THOSE BUSINESSES IN THE ORDINANCES IN CONFLICT, AND PROVIDING  SHOPPING AN EFFECTIVE DATE.  CENTER, AMENDING  ALL  WHEREAS, the City Council has determined that it is in the best interests of the BE IT ORDAINED BY THE CITY COUNCIL OF MEXICO BEACH, Section 1. The geographical boundaries of the "Mexico Beach Shopping Center" are defined to encompass the area bordered on the south by U.S. Hwy 98, bordered on the east by 30th Street, bordered on the west by 32nd Street, and having its northernmost border being the north property line of the parcel with Parcel ID #04519-000-000 and shall be delineated on the map attached to this Ordinance and hereafter known as  people oft the City of Mexico Beach that this ordinance be enacted, therefore  FLORIDA:  "ATTACHMENT A."  Section 2. The following business (with Parcel number) are included in the  "Mexico Beach Shopping Center."  Fish House (Parcel ID #04525-000-000) Acel Hardware (Parcel ID: #04527-000-000) Mango Marley's (Parcel ID #04524-000-000) Beach Walk (Parcel ID #04524-020-000) Neon Palm (Parcel ID #04523-000-000) Parker Realty (Parcel ID: #04129-010-000) Laundromat (Parcel ID #04529-000-000) Civic Center (Parcel ID #04521-000-000) Cathey's Construction (Parcel ID: #04518-000-000) Vacant Lot (Parcel ID: #04517-010-000)  Due to the unique and historic nature of the shopping center area in Mexico Beach, the City Council recognizes all the buildings as non-conforming structures and hereby grants a parking variance to each of these establishments permitting the use of City-owned  spaces to meet their parking requirements.  Section 3. Future naypaéamemadiriatn shall be subject to the  following requirements and the approval oft the City Council:    1. Further building or property change that may require additional parking will only be allowed in cases where the business can provide the necessary parking on land adjacent to or included in the shopping center. This parking must be owned by 2. In the event of natural disaster, or any event which destroys any part of the building, rebuilding will be restricted to the same square footage that existed pre- 3. Should the owner of any other parcels of land wish to be included in the shopping center, it must be adjacent to the shopping center and responsible for adhering to, and complying with the requirements of the Mexico Beach Comprehensive Plan Should any of the facilities in the Shopping Center be sold, transferred, etc., they will still be included in the shopping center with parking calculated at one parking space required for each 300 feet of gross floor space. However, if the new business expands and requires additional parking, the new business will be required toj provide the additional parking due to the expansion in addition to the  the business. disaster/event.  and Land Development Regulations.  4.  original parking requirements.  5. Noi residential units are permitted within the shopping center.  Section 4. All ordinances or parts of ordinances thereof in conflict with the provisions of this ordinance are hereby amended to compensate for the Mexico Beach  Shopping Center.  Section 5. This ordinance shall take effect immediately upon passage. INTROCUCED at the Regular Meeting of the City Council on the 12th day of June, 2007. Adopted at the Regular Meeting of the City Council on the 10th day of. July,  2007.  CITY OF MEXICO BEACH, FLORIDA  William  AAAE A. Cathey, Mayor  ATTEST:  BOmE Deborah A. McLeod, City Clerk    MEXICOBEACH  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDA ITEM#  Agenda Abstract Form Meeting Date: January 23, 2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Consent Regular Closed Agenda Agenda Session  Yes K No  PRESENTERINPORMATON CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED Subject:  Professional Services Contract for Engineering Services with Anchor CEI  Attachment(s): Engineer of Record Contract  Brief Summary:  At the January 9, 2024 meeting of the City Council, Anchor CEI was selected as the City's "Engineer of  Record". The proposed contracti is attached for approval.  Action Requested: ISSUE OVERVIEW  Approve the contract with Anchor CEI Background Information & Issue Summary:  At the January 9, 2024 meeting oft the City Council, Anchor CEI was selected as the City's "Engineer of  Record". The proposed contract is attached for approval. Ongoing engineering costs which are budgeted items. Staff ecommedationsCommens  Financial Impacts:  Approve the contract with Anchor CEI unless any changes are desired.    CITY OF MEXICO BEACH, FLORIDA  AGREEMENT FOR CONTINUING ENGINEERING: SERVICES  THIS AGREEMENT FOR CONTINUING ENGINEERING SERVICES ("Agreement") is made Mexico Beach, Florida, a Florida municipal corporation ("CITY"), and Anchor Consulting Engineering and Inspection, Inc., a Florida corporation ("ENGINEER OF RECORD").  and entered into as oft this  day of_  2024 and between the City of  WHEREAS, CITY wishes to obtain comprehensive, professional services for various WHEREAS, CITY desires that ENGINEER OF RECORD be available to undertake such NOW, THEREFORE, in consideration of the foregoing, and good and valuable consideration, the receipt and sufficiency are hereby acknowledged, the parties agree as follows:  needs of CITY on an as requested basis, and  professional services as CITY may order hereunder.  1. TASK ORDER ASSIGNMENT  The CITYwill consult with thel ENGINEER OF RECORD when a project need arises. The CITY will provide the ENGINEER OF RECORD with details and expectations of the project deliverables. The ENGINEER OF RECORD will prepare a TASK ORDER and SCOPE OF SERVICES which will include individual tasks that will be required for the successful completion of the project, schedule of milestone completion dates, and the individual cost for each task as well as the cumulative Task Order cost. The CITY will execute and return the TASK ORDER to the ENGINEER OF RECORD as the official  NOTICE TO: PROCEED with the project. 2. ENGINEER OF RECORD'SFEE  The CITY shall compensate the ENGINEER OF RECORD full compensation for their services, in accordance with the terms and conditions of this Contract and as outlined in the Task Order. The Task Order shall stipulate an amount not to be exceeded and shall be established by mutual agreement or, at CITY's option, CITY may agree to the standard  hourly rates set forth in Exhibit A for each executed Task Order.  3.  FEES FOR ADDITIONAL SERVICES  The CITY and ENGINEER OF RECORD agree that there may be certain additional services required tol be performed by thel ENGINEER OF RECORD that cannot be defined sufficiently at the time of execution of each Task Order. Such additional services shall be defined and authorized in writing prior to being performed. The CITY shall compensate the ENGINEER OF RECORD for such additional services as defined in the written  authorization for additional services.  1    Additional services shall include any task or sub-task, whether or not specifically included in the original Task Order's scope of work, if such task or sub-task is an integral part of the work required to accomplish those tasks described in the original Task Order's scope Additional services shall include revising previously approved drawings, specifications, and other documents to accomplish changes initiated by the CITY; however, where such revision is caused by or made necessary by an error, omission, or oversight on the part of the ENGINEER OF RECORD, the same shall not be considered additional services hereunder. Additional services shall include services rendered as an expert witness in  ofwork.  connection with an administrative hearing or trial. PRICE. ADJUSTMENT CLAUSE  4.  Prices for the rates listed in Exhibit A shall remain unchanged: for 121 months following the Effective Date of the Contract. The ENGINEER OF RECORD shall have the right to  request aj price adjustment as dictated by the economic climate.  5. SERVICES OF ENGINEER OF RECORD  A. The CITY hereby employs ENGINEER OF RECORD to perform professional consulting services and deliverables. Thel ENGINEER OF RECORD shall perform, as needed, continuing contract consulting services for the CITY's projects and will  be required to work closely with CITY staff. be limited to the following types ofservices: 1) Grant Research and Writing. 2) Grant Administration.  B. The CITY will assign Task Orders on an as needed basis and may include but not  3) Grant Engineering for grant-funded projects. licensed in the State of Florida. 5) Wetland delineations and permitting.  4) Boundary, Topographic, ROW and other Surveys by al Professional Surveyor  6) Engineering and design services--including but not limited to Water, Wastewater, Roadway, tormwater/Drainage, Recreational, Mechanical, Electrical, Structural, Architectural, Landscape Architectural, Planning, etc.-  by a Professional Engineer licensed in the State of Florida. 7) Preparation of plans, technical specifications, and cost opinions. 8) Preparation of permit applications to FDEP, ACOE, FDOT, and other  2    regulatory agencies including permit compliance and monitoring.  9) CITY representatiye/agent during Construction. 10)Geotechnical sampling, data collection, and evaluation. 11)Construction administration and inspection support.  12)Project certification.  13)Direct reporting to the City Commission and attendance of public meetings.  14)Other related issues as directed by the CITY.  C.  ENGINEER OF RECORD hereby covenants to be responsible for all details and accuracy of drawings and specifications prepared for the project.  6.  PAYMENT OF FEES  Invoices shall be submitted no more frequently than monthly by ENGINEER OF RECORD to CITY and shall be based on percentage of completion, CITY shall make payment within 30 days of receipt of the invoice, CITY shall promptly review the invoice and provide ENGINEER OF RECORD with written notice of any disputed amounts,  including the item(s) in dispute and the basis for the dispute.  7. LIMITATIONS OF WORK  The plans, specifications and work shall conform to all local and state laws, codes, ordinances, and regulations. The standard of care applicable to ENGINEER OF RECORD's services will be the degree of skill and diligence normally employed by professional architects, professional engineers, landscape architects, planners, surveyors, mappers and/or ENGINEER OF RECORDs performing the same or similar services.  8.  RESPONSIBILITIES OF CITY  A. CITY will provide ENGINEER OF RECORD with complete information B. CITY shall furnish ENGINEER OF RECORD such legal, accounting, and insurance counseling services as may be necessary for the project, and such auditing services as may be required to ascertain the Contractor's method and C. The services, information, and reports required by Paragraph 8A-8B above, shall be furnished at CITY's expense and ENGINEER OF RECORD shall be entitled to D. CITY shall furnish information required of ENGINEER OF RECORD as expeditiously as possible to allow for the orderly progress of the Work.  regarding CITY'srequirements of each Task Order (project).  purpose of use for monies paid under said contract.  reasonably rely upon the accuracy thereof.  3    E. CITY shall advertise any Invitation For Bid with the assistance of ENGINEER OF RECORD and shall pay advertising expenses, unless otherwise Agreed upon by F. CITY shall pay all permit application fees unless otherwise agreed to in the applicable Task Order. Permit applications fees will be added to ENGINEER OR RECORD invoicing as a separate line item unless other method is agreed upon by  both parties prior to advertisement.  the CITY and ENGINEER OF RECORD.  9. TERMINATION  This Agreement may be terminated by either party, with or without cause, upon 10 days' notice to the other party. Should CITY terminate this Agreement without cause, CITY shall be responsible to ENGINEER OF RECORD for fees to the day of termination. No work shall be performed by ENGINEER OF RECORD or continue after receipt of notice of  termination from CITY. 10. OWNERSHIP OF DOCUMENTS  All reports, original final reproducible drawings, plans, specifications, calculations, studies, software program tapes, models, notes, and memoranda, assembled or prepared by ENGINEER OF RECORD pursuant to this Agreement shall be property of CITY. CITY may make and retain original copies for information and reference in connection with the project; however, such documents are not intended or represented to be suitable for re-use by CITY or others on extensions of the project or on any other project. Any reuse without written verification or adoption by ENGINEER OF RECORD for the specific purpose intended will be at CITY's sole risk and without liability or real exposure to ENGINEER OF RECORD and subcontractors with respect to any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER OF RECORD to further compensation at rates to be agreed upon by CITY and ENGINEER  OF RECORD.  11. ENGINEER OF RECORD'S REGISTRATION  ENGINEER OF RECORD shall maintain registration and appropriate licensure with the applicable State of Florida licensingregulatory boards. Such registration shall continue during the duration of this agreement term. Failure to secure or keep the stated registration  shall be reason for termination of this Agreement. 12. PROHIBITION AGAINST CONTINGENTFEES  ENGINEER OF RECORD warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for ENGINEER OF RECORD to solicit or secure this agreement and that he or she has not paid or agreed to  4    pay any person, company, corporation, individual, or firm, other than al bona fide employee working solely for the respondent any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making this Agreement.  13. ATTORNEYS' FEES  Thej prevailing party in any litigation involving this Agreement shall be entitled to recover ar reasonable attorneys' fees and costs at all trial and appellate levels and in all arbitration  and mediation.  14. INSURANCE COVERAGE  During the term of this Agreement, ENGINEER OF RECORD shall maintain Worker's Compensation within the requirements set forth in applicable state and federal statutory limits. Employe'sLmbiliywih: an minimum limit per accidenti in accordance with statutory ENGINEER OF RECORD shall maintain Comprehensive General Liability for $1,000,000 combined limit per occurrence for bodily injury, personal injury, and property damage. If contract is less than $100,000.00, then general liability insurance requirement is $300,000.00. Contractual coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. CITYist to bes specifically included as an ENGINEER OF RECORD shall maintain Comprehensive Automobile Liability Coverage which must be afforded on a form no more restricted than the latest edition of the Comprehensive Automobile Liability Policy filed by the Insurance Services Office and A. $1,000,000 combined single limit per accident for bodily injury and property  requirements.  additional insured.  must include:  damage. B. Owned Vehicles.  C. Hired and Non-Owned Vehicles. D. Employee Non-Ownership.  E. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the CITY with thirty (30) days' written notice of cancellation and/or restriction. ENGINEER OF RECORD shall maintain Professional Liability Coverage which must A. Minimum limits of $1,000,000 per occurrence and in the aggregate for claims of  include:  malpractice, negligence, error and omissions.  5    B. Notice of Cancellation and/or Restriction. The Policy must be endorsed to provide CITY within (30) days prior notice of cançellation and/or restriction of coverage Certificates of Insurance evidencing the insurance coverage specified in this Article shall be submitted to the CITY with the executed Contract. The Certificates of Insurance shall be filed with the CITY before this Contract is deemed approved by the CITY. The required Certificates of Insurance not only shall name types of policies provided but also shall refer All the policies ofi insurance shall be endorsed to include as additional insured the CITY, its officers, employees, and agents, except for Worker's Compensation. If the initial insurance policy expires prior to completion of the Project, renewal Certificates of Insurance shall be furnished 30 days prior to the date oft the policy expiration.  by changed exclusion.  specifically to this Contract.  15. SUBCONSULTANT  When the nature ofthe work shall suggest or dictate that ENGINEER OF RECORD secure the services ofothers (i.e., subconsultant), the use ofsubconsultant, thej purpose and nature of the subconsultant services provided and the fees to be paid to the subconsultant shall have the prior written approval via CITY-approved Task Order or other acceptable means. Examples of subconsultant services include but are not limited to surveying services, geotechnical services, environmental services, electrical engineering, etc. which are When ENGINEER OF RECORD subcontracts with any subconsultant, ENGINEER OF RECORD agrees to include in the subcontract that the subconsultant is bound by the terms and conditions oft this Agreement. ENGINEER OF RECORD will: not charge the CITYa CITY retains the right to retain subconsultant directly. When CITY chooses to retain subconsultant directly, CITY shall coordinate their efforts and shall be responsible for 16. ENGINEER OF RECORD'S RESPONSIBILITY OVER CONSTRUCTION  outside of the ENGINEER OF RECORD's expertise and licensing.  markup fee in addition to the subconsultant's fee.  coordinating the subconsultant' activities.  CONTRACTOR  The ENGINEER OF RECORD shall not be responsible for or have control over means, methods, techniques, sequences, or procedures, or for safety precautions in connection with the construction work; nor shall the ENGINEER OF RECORD be responsible fort the Contractor's failure to carry out the construction work in accordance with the contract  documents.  6    17. HOLDHARMLESS  ENGINEER OF RECORD shall defend, indemnify, and hold CITY harmless against all claims, damages, losses, and expenses, including, but not limited to, direct, indirect, or consequential damage and attorney's fees, of whatever nature arising out of ENGINEER OF RECORD's negligence in the performance of ENGINEER OF RECORD's work and/or in any way related to this Agreement or ENGINEER OF RECORD's willful misconduct. ENGINEER OF RECORD agrees to include in any subcontract with any subconsultant that the subconsultant shall likewise hold CITY harmless against all claims of whatever nature by the subconsultant arising out of the subcontractor's negligent  performance ofv work under this Agreement.  18. ELIGIBILITY  ENGINEER OF RECORD certifies that it is eligible to receive state and federally funded contracts. ENGINEER OF RECORD also certifies that no party which is ineligible for such work will be subcontracted to perform any services under this Agreement. 19. INCORPORATION OF REQUEST FOR QUALIFICATIONS AND ENGINEER OF RECORD'S COMPETITIVENEGOTIATION ACT (CHAPTER 287,F.S.) The terms, conditions, and responses to CITY's Request for Qualifications are made a material part oft this Agreement andi incorporated herein by reference. This Agreement shall be subject to Chapter 287 of thel Florida Statutes and shall constitute a continuing contract  until terminated. 20. LEGAL VENUE  This Contract and any resulting Task Orders, if any, and any disputes thereunder will be governed by the laws of the State of] Florida and shall be deemed to have been executed and entered into in the State of Florida. The Contract and any resulting Task Orders shall be construed, performed, and enforced in: all respects in accordance withi thel laws and rules ofthe State of] Florida, and any provision in this Contract and any resulting Task Orders in conflict with Florida law and rules shall be void and of1 no effect. CITY and ENGINEER OF RECORD hereby agree that this Contract and any resulting Task Orders, ifa any, shall be enforced in the courts of the State of Florida and that venue shall always be in Bay  County, Florida.  21. OTHER GENERAL PROVISIONS  A. ENGINEER OF RECORD is ani independent contractor with respect to the services performed herein under. Nothing contained herein shall be deemed to create the relationship of partner, principal, orj joint venture between the Parties. ENGINEER OF RECORD has no right or authority, under this Agreement, toi incur obligations ofanyl kind in the name for or for the account of CITY, nor to commit or bind CITY  7    to any contract or other obligations.  B.  ENGINEER OF RECORD shall not enter into an agreement to perform any ENGINEERING SERVICES with any other entities within the City of Mexico  Beach unless prior CITY approval is obtained.  C. Failure or delay on the part of either Party to exercise any right, power, privilege, or remedy under this Agreement shall not constitute a waiver thereof. No modifications or waiver by either party of any provision shall be deemed to have D. The provisions of this Agreement shall be severable and the invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining  been made unless made in writing.  provisions.  E. Neither CITY nor ENGINEER OF RECORD shall assign, sublet, or transfer any interest in this Agreement without the prior written consent oft the other party. F. This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements or negotiations on the subject matter herein, whether written or oral, and shall not be modified or amended except by written G. Ifany ofthe terms or conditions contained in this Agreement is, to any extent, held to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and condition oft this Agreement shall be valid and  agreement duly executed by thej parties.  enforced to the fullest extent permitted by law.  H. The laws of the State of Florida shall govern the validity of this Agreement, its  interpretation and performance, and any other claim related toit. This Agreement gives no rights or benefits to anyone other than CITY and ENGINEER OF RECORD and has no third-party beneficiaries. Additional services not outlined in this Agreement, changes int the scope ofs services outlined in this Agreement or other amendment(s) to the terms of this Agreement will be separately negotiated by CITY and ENGINEER OF RECORD and will be documented in a written Amendment(s) to this Agreement. Nothing herein, however, shall prohibit or restrict CITY from utilizing services of other professionals in connection with similar projects not specifically included in an  I. J.  approved Task Order.  K. Jurisdiction and venue: for any legal action brought in connection in any way with the terms and provisions oft this Agreement or the performance or non-performance  thereof shall be deemed proper only in Bay County, Florida.  8    22. PUBLIC. RECORDS  This Contract shall be subject to Florida's Public Records Laws. ENGINEER OF RECORD understands the broad nature of these laws and agrees to comply with said laws Thel ENGINEER OF RECORD, in the course ofi its duties, may have access to confidential or proprietary data of the CITY, private individuals, or employees of the CITY. The ENGINEER OF RECORD covenants that all data, documents, discussion, or other information developed or received by the ENGINEER OF RECORD or provided for performance of this Contract that are deemed confidential by the CITY shall not be disclosed without written authorization by the CITY. The CITY shall grant such IN WITNESS WHEREOF, the parties thereto have caused this Agreement to be executed  and laws related to records retention.  authorization if disclosure is required by law.  on the dates indicated. WITNESSES:  CITY:  CITY OF MEXICO BEACH, FLORIDA A FLORIDA MUNICIPAL CORPORATION  NAME PRINTED/TYPED:  SIGNATURE  BY:  NAME PRINTED/TYPED:  NAME PRINTED/TYPED:  SIGNATURE  ENGINEER OF RECORD (NAME) A FLORIDA CORPORATION NAME PRINTED/TYPED:  NAME PRINTED/TYPED:  SIGNATURE  BY: 9  SIGNATURE    CITY OF MEXICO BEACH, FLORIDA AGREEMENT FOR PROFESSIONAL SERVICES ENGINEER OF RECORD RATES 2024  EXHIBIT. A    memeermg Thariorks.  Gfpdhoicr  Exhibit A  Anchor Hourly Rates 2024  Position  Hourly Rate $215 $185 $150 $120 $100 $120 $105 $120 $105 $140 $105 $85  Senior Project Manager/Firm Principal  Project Manager Engineer II Engineer I Engineering Intern Sr. Cad Tech Cad Tech Sr. Engineering Tech Engineering Tech Senior Inspector Inspector Administrative Assistant    MEXICOBEACH  City of Mexico Beach Council Agenda Abstract Form Meeting Date: 1/23/2024 Department: Administration Public Hearing: Date of Public Hearing: 1/23/2024  For Clerk's Use Only AGENDAITEM#  Yes R No  Agenda Consent Agenda Regular Closed Session  PRESENTER/INFORMATION CONTACT: Chris Hubbard - City Administrator  ITEM1 TO BE CONSIDERED Boat Launch Permit Fee's Attachment(s): Brief Summary: increase is necessary. Action Requested:  Subject:  Spreadsheet breaking down FY 2022-2023 income and FY 2023/2024 budgeted expenses for the Canal Fund. Per public comment Council would like to assess the fee's charge for Annual Boat Launch Permits to see ifa a rate  Approve or deny a rate increase or require property owners top pay for an Annual Boat Launch Permit.  ISSUE OVERVIEW  Background Information & Issue Summary:  Per public comment, by either increasing the cost of an annual pass or requiring property owners to pay for a permit  would increase revenue and fund needed projects at the boat ramp. Increase in revenue to fund projects att the boat ramp/canal.  Financial Impacts: None  Staff ecommendalonsComments    Boat Ramp and Canal Income & Expenses  Income FY 2022/2023  Annual Boat Launch Permits Issued FY 22/23 Annual Boat Launch Permits Issued Non-Residents Annual Boat Launch Permits Issued Residents Annual Boat Launch Permit Income FY: 22/23 Annual Boat Launch Permit Income Lost FY22/23 Daily Boat Launch Permit Issued Daily Boat Launch Permit Income Boat Slip Docking Fee Income Boat Wash Income Total Income FY 2022/2023  519 @ $100.00 each 205 @ $100.00 each 314 @ $100.00 each $20,500.00 $31,400.00 2341 @ $20.00each $46,820.00 $89,016.00 $1,112.00 $157,448.00  Budgeted Expenses FY 2023/2024  Salaries Overtime Taxes Retirement Health Insurance Workmans Compensation Communcatons/regnt Utilities Rentals & Leases Insurance Repairs & Maintenance Other Current Charges Operating Supplies Operating Supplies - Dredge Hose Uniforms Fuel & Lubricants  $108,722.37 $7,200.00 $4,680.00 $8,675.28 $12,318.24 $30,688.00 $3,749.06 $1,000.00 $2,500.00 $500.00 $14,350.00 $34,000.00 $1,250.00 $18,000.00 $20,000.00 $800.00 $35,000.00 $303,432.95  Other Wages Harbor Master  Total Expenses (Budgeted FY: 2023/2024)    MEXICOBEACH  D A  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAI ITEM#  Agenda Abstract Form Meeting Date: January 23,2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Consent Regular Closed Agenda Agenda Session  Yes R No  RESENIERINPORMATON CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED Subject:  Discussion Regarding the Desire to Hold Workshops  Attachment(s): None  Brief Summary:  At the January 9, 2024 meeting of the City Council, ai resident requested the city begin holding workshops as they did in the past; Council directed this item be placed on the January 23rd council meeting agenda.  Action Requested: the workshops. ISSUE OVERVIEW  Determine if the City Council wants tol hold additional workshops and, ifs so, the frequency and/or dates for  Background Information & Issue Summary:  At the January 9, 2024 meeting of the City Council, ai resident requested the city begin holding workshops as they did in the past; Council directed this item be placed on the January 23rd council meeting agenda.  Financial Impacts: None. None.  Staff RecommerdtonsComments