MEXICOE BEACH CITY COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 11, 2025 AT 9:00 A.M. PUBLIC WORKS BUILDING Mayor, Richard Wolff Councilman, Jerry Smith Councilman, Jason Adams Councilwoman, Linda Hamilton Councilman, Tim Linderman City Attorney, Tim Sloan City Administrator, Chris Truitt City Clerk, Tammy Brunson This meeting willl be live streamed on the City of Mexico Beach Government. Facebook page. Ifyou have any questions or comments on the agenda, please email them up to 21 hours prior to the meeting at civ@mesicohachlgoy I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. ROLL CALL V. CONSENT AGENDA 1. Minutes January 8, 2025 - LDC Workshop VI. REGULAR AGENDA 1. 2902 Hwy 98 Development Order (P&Z recommended approval on 2/3/25) - Allara Mills Gutcher a. Open Public Discussion b. Close Public Discussion C. Discussion d. Motion to Approve or Deny 2. Ordinance 849 - Townhome District Setbacks (Second Reading) - Allara Mills Gutcher AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING THE CITY'S LAND DEVELOPMENT CODE TO MODIFY ALL OR CERTAIN PORTIONS OF SECTIONS 2.02.02, 2.02.07, 3.00.04, and 6.01.00 TO AMEND AND CLARIFY SETBACKS IN A TOWNHOME LAND USE/ZONING DISTRICT; PROVIDING FOR A REPEALER, SEVERABILITY, CORRECTIONOF SCRIVENER'S! ERRORS, LIBERAL CONSTRUCTION AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. a. Motion to Read Ordinance 849 (By Title Only) b. Open Public Discussion C. Close Public Discussion d. Discussion e. Motion to Approve or Deny 3. Ordinance 850 - Budget Amendment (Second Reading) - Chris Truitt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEXICO BEACH FLORIDA, AUTHORIZING AMENDMENTS FOR THE APPROPRIATION OF FUNDS AND ADOPTION OF AN AMENDED BUDGET FOR THE FISCAL YEAR 2024-2025 IN ORDINANCE NUMBERS 840, 841 AND 843 FOR THE WATER, SEWER, AND PUBLIC WORKS FUNDS; PROVIDING FOR SEVERALBILITY; PROVIDING REPEAL OF PARTS OF ORIDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN) EFFECTIVE DATE. a. Motion to Read Ordinance 850 (By Title Only) b. Open Public Discussion C. Close Public Discussion d. Discussion e. Motion to. Approve or Deny 4. Ordinance 851 - Beach and Dune Protection (First Reading) = Chris Truitt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEXICO BEACH, FLORIDA, ADDING CHAPTER 99 OF THE CITY OF MEXICO BEACH CODE TO BE ENTITLED "BEACH AND DUNE PROTECTION," RELATING TO PROTECTION OF THE CITY'S BEACHES AND DUNES; ESTABLISHING THE PURPOSEANDINTENT OF THEARTICLE, CREATING DEFINITIONS, PROHIBITING CERTAIN ACTIVITES IN ORDER TO PROTECT THE CITY'S CUNE SYSTEM, IDENTIFY PERMITTED ACTIVITIES, AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY,AND AN EFFECTIVE DATE. a. Motion to Read Ordinance 851 (By Title Only) b. Open Public Discussion C. Close Public Discussion d. Discussion 5. Boat Ramp Task Order Repairs and Expansion for Professional Redesign, Engineering, Permitting and Bidding in the amount of $96,590.00 - Chris Truitt 6. Agreement for Auditing Services from James Moore Chris Truitt 7. New Copy Equipment Lease Agreement with Dex Imaging - Chris Truitt 8. Beach Vendor Setup - Chris Truitt VII. CITIZEN COMMENTS 1. Speaker must come to the podium and state name and city of residence 2. Comments are limited to 3 minutes VIII. COUNCIL COMMENTS IX. MAYOR COMMENTS X. STAFF COMMENTS XI. ADJOURNMENT Emailed to interested parties and posted on the city website on: 02/06/2025 Note: Copies of the Agenda items are posted on the City's Website mexicobeachfl.ov This meeting will be recorded on the website. *You are hereby notified that in accordance with Florida Statutes, you have a 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 to include evidence and testimony upon which the appeal is based. Any person requiring a special accommodation at this meeting because of a 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 to the meeting. Ifyou are hearing or speech impaired, and you possess TDD equipment, you may contact the City Clerk using the Florida Dual Party Relay System, which can be reached at 800-955-8770 TDD. CITY OF MEXICO BEACH LDC WORKHOP MINUTES WEDNESDAY, JANUARY 8, 2025 = 9:00 AM The City of Mexico Beach City Council met on Wednesday, January 8, 2025 at 9:00 a.m. in the Public Works Building in Mexico Beach. Board members present were Jerry Smith-Mayor Pro Tem, Linda Hamilton, Tim Linderman and Jason Adams. Mayor Richard Wolff was absent. Also present were City Administrator, Chris Truitt, City Clerk, Tammy Brunson, and Tim Sloan, City Attorney. I. Call to Order: Mr. Smith called the meeting to order at 9:00 a.m. II. Presentation of LDC Workshop: Chris Truitt initiated the meeting, emphasizing that no decisions will be made, and the purpose is to gather suggestions for changes to the Land Development Code (LDC). He explained that the next step will be to condense the list of suggestions and present it to the City Council on January 14. Requested that comments be limited to suggestions for the LDC and that duplicates be avoided to streamline the process. Assured that every suggestion made will be included in the list presented to the City Council. III. Open Public Comments: at 9:01 a.m. No public comments. IV. Close Public Comments at 9:02 a.m. V. Final Comments: Mr. Linderman informed the citizens that the City Administrator has posted the collected items on the City's website. Mr. Truitt directed the citizens to the website page for updates and mentioned that the master list will be compiled and cleaned up by the end of the week. Mr. Adams and Ms. Hamilton stated that they had expressed their concerns in the first workshop. Greg Boutwell with EPCI, suggests transitioning to the next phase, emphasizing the need for a cohesive document and the potential formation of a committee. He suggested going section by section through the LDC will prevent discrepancies and ensure a smoother process. Ms. Gutcher with tpc, supported Mr. Boutwell's views and the interrelated nature of he LDC and the Comp Plan She agreed with inconsistencies in setback descriptions and the need for a comprehensive review. Mr. Linderman stated Chris is doing a great job, but he has only been here a few months and addressed Ms. Gutcher, stating that her expertise would be very beneficial. Mr. Adams asked if a decision would be made at the next council meeting and ready to move forward. Mr. Smith confirmed, as well as Mr. Truitt. Lisa Logan from the public gave historical note, mentioning that the last comprehensive review of the LDC was in 2008-2009. VI. Adjournment: Mr. Adams motioned to adjourn, Ms. Hamilton seconded the motion at 9:12 a.m. Signed: Attest: Jerry Smith, Mayor Pro Tem Tammy Brunson, City Clerk MEXICOBEACH CITY COUNCIL For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # % Meeting Date: February 11, 2025 Department: Planning Consent Regular Closed Public Hearing: Yes No Agenda Agenda Session Date of Public Hearing: February 11, 2025 PRESENTENINFORMATION CONTACT: Allara Mills-Gutcher, AICP ITEM TO BE CONSIDERED Subject: This is a request for the approval of a development order/site plan which includes a mixed use structure. This decision is a quasi-judicial process. Attachment(s): Staff report; application package and all submitted documents by the applicant. Brief Summary: The project is the development of a structure located at 2902 HWY 98 at the ntersection of HWY 98 and 30th St. The project is a mixed-use structure, including non-residential (office) on the lower level and residential on the second level. Action Requested: Approve the request for a development order with conditions. The Planning and Zoning Board recommended approval to the City Council on 02/03/25. ISSUE OVERVIEW Background Information & Issue Summary: Please see the staff report. Financial Impacts: None. Staff FecommerdtonsCommens Approval, with two conditions. 1) Include proper signage and directional flow arrows on the roadway for traffic egressing the site. 2) Stipulate that the plans set limit the structural height to 32' in the notes. TPC January 28, 2025 the planning collaborative Memorandum for Record To: Chris Truitt, City Administrator From: Cody Tillman Allara Mills-Gutcher, AICP Subject: 2902 US HWY 98 Major Commercial Development Application Project Address: 2902 U.S. Highway 98 Parcel ID: 04512-000-000 Future Land Use Map Designation: Tourist Commercial Zoning District: Tourist Commercial Project Description A two (2) story, mixed-use development consisting of one residential 2,739 sq. ft. unit and 1,806 square feet of office space is proposed at 2902 U.S. Highway 98, also identified as parcel ID 04512-000-000 by the Bay County Property Appraiser. This creates a 4,554 sq. ft. floor area, with an additional 1,500 sq, ft, roof top deck. The parcel is 0.53 B. , acres.1 The project includes landscaping, parking areas, and A 6 onsite stormwater treatment. E A Existing Conditions - The acreage includes an existing structure "1-story block commercial building" on the east I side of the property?, and Bay / 8 County classifies this parcel as - 'restaurant". Source: Bay County Property Appraiser 2024 aerial photography. 1 Bay County Property Appraiser's website, accessed December 12, 2024 2 Plat of Boundary and Topographical Survey for White Sands Investment, prepared by Thurman Roddenberry & Associates, Inc., January 6, 2022 Page 1 of7 The parcel is landward of the Coastal Construction Control Line, which lies south of HWY 98. It is located outside of a Special Flood Hazard Area. A preliminary desktop review indicates no wetlands exist on site. This memo addresses materials and responses submitted as a result of a request for additional information from the initial review conducted in December of 2024. Analysis 1. Consistency with Mexico Beach Comprehensive Plan d. Future Land Use Categories Policy 1.1.4.D The Tourist Commercial Future Land Use (FLU) category is "intended to provide areas for low-intensity tourist-oriented commercial activities." The proposed use oft the site is mixed-use with one residential unit and 1,807 square feet of office space. Residential uses are allowable in the Tourist Commercial FLU category. The non-residential office use is not specifically listed as allowable or prohibited in the Land Development Regulations. Section 6.03.00 Part A, both "General Business, Commercial, or Personal Service Establishment Catering to Retail Trade" and "Offices, Excluding Medical, Dental, and Health Clinics and Offices" require one (1) parking space per 300 square feet of gross floor area. The applicant has provided the required parking, with fourteen (14) total space provided. This requirement is met. The maximum allowable density within the Tourist Commercial FLU category is eighteen (18) units per acre and the maximum impervious surface is 80%. Sheet 5.0 of the site plans indicates the impervious surface ratio is 67.3% based on the total 0.53-acre lot. This requirement is met. Further, the maximum allowable height in the Tourist Commercial FLU category is 32 feet. The project narrative submitted by the applicant states the proposed structure willl be two-stories in height. The mean roof height provided is 32 feet." This requirement is met. However, it is recommended the height oft thirty- two (32) feet be a condition of the approval, and be indicated on the civil site plans set. The development restrictions for the Tourist Commercial FLU category requires all commercial structures to provide and maintain buffers to adjacent residential structures in the Low Density Residential and Residential General Future Land Use categories. The parcel is adjacent to Tourist Commercial zoning districts to the northeast and east, and General Commercial zoning to the west. Tourist Commercial also lies south of HWY 98, thus, the buffer requirements do not apply to this project. b. Availability of Facilities and Services - Policy 1.1.7 An evaluation of utility needs compared to the anticipated capacity is considered a de minimis impact due to1) a structure existing on the site pre-Hurricane Michael and therefore those demands are assumed here, and 2) the impact of the demand for this project is less than one percent of the total capacity of the service. Thus, the proposed development will not have a negative impact on water and sewer facilities level of service standards. 3 Mexico Beach Land Development Regulations Article II Section 2.02.02.F Page 2 of7 C. Shade Trees - Policy 2.7.2 Comprehensive Plan Policy 2.7.2 requires all non-residential development adjacent to the US HWY 98 corridor to "provide shade trees in close-proximity to existing or planned sidewalks so that the tree will provide shade to pedestrians traveling on the sidewalks." The Construction Plans for Mexico Beach Mixed Use Building" plans set Sheet 5 indicates that two (2) palm trees 8 to 10' in height will be installed along the U.S. Highway 98 corridor in addition to four (4) existing palms trees to remain. This policy is met. d. Bicycle Parking = Policy 2.7.3 Comprehensive Plan Policy 2.7.3 states "To increase alternative modes of transportation, require all new commercial and tourist-related development to provide bicycle parking areas within the development site". According to Sheet 5.0, a bike rack is included in the site plans with a capacity of eight (8) bicycles. This policy is met. e. Non-Residentidl Open Space - Policy 7.5.2.4 Comprehensive Plan Policy 7.5.2.4 requires 20% of the total land area in the Tourist Commercial land use District to be set aside as open space for "landscaping, buffer zones, public areas or other similar areas." The project narrative submitted on January 10, 2025 indicates the total open space percentage is 32.7%. This policy is met. 2. Consistency with Mexico Beach Land Development Code a. Article II Section 2.02.02: Zoning Districts This parcel is located within the Tourist Commercial zoning district. The intent of this zoning district is to allow "single family residential at a maximum density of 18 dwelling units per acre and commercial land uses as defined below." The proposed development includes approximately 1,807 square feet of office space. The Tourist Commercial zoning district imposes the development standards shown in Table 1. The proposed development meets the minimum required setbacks, and the impervious surface ratio is 67.3% based on the 0.53-acre parcel size. The height of the structure is indicated as two-stories with a mean roof height of 32 feet. This requirement is met. Table 1: Development Standards for Tourist Commercial Zoning District Compared to Proposed Development Development Standards Proposed Development Front Setback 12 feet N 103 feet 12 feet (Left side) Side Setbacks* Ofeet 5f feet (Right side) Rear Setback 10 feet 10 feet Corner Setback 12 feet 12 feet Page 3 of7 Development Standards Proposed Development Impervious Surface Ratio 0.80 67.3% Max Height 32 feet 32 feet mean roof height Source: Mexico Beach LDR Section 2.02.02.F; Development Order Package for Mexico Beach Mixed-Use Building site plans, submitted 10. January 2025 Sheet 5.0 * Ofeet if attachment easement is in place; 5 feet if abutting residential property. b. Article II. Section 2.02.04: Height Measurement Section 2.02.04 provides guidance for measuring the height of properties based on the Coastal Construction Control Line and the flood plain. Additionally, Sections 2.02.04 states "height shall be measured to the mean roof height for all structures." "4 According to the project narrative, "the proposed structure will be two-stories in height. The mean roof height provided is 32 feet." This requirement is met. C. Article IV Section 4.01.06: Required Landscaping Section 4.01.06.A states "A minimum of twenty-five percent (25%) of the total developed area shall be devoted to landscaping. Landscaping can be concentrated in the building setback areas, which is also the primary tree protection area. However, a minimum of five percent (5%) of the landscaped area shall be located within the interior of the site."s Sheet LS 3.0 shows the perimeter and interior landscape areas. The total percentage of the landscaped area is 32.7%. This requirement is met. In addition, Section 4.01.06.A requires that a minimum of five percent (5%) of the landscaped area to be located within the interior of the site." The interior landscaped area is 990 square feet, as indicated on Sheet LS 3.0 of the site plans. The project narrative indicates the total landscaped area is 7,600 square feet. Thus, the percentage of the interior landscaping area is approximately thirteen (13) percent. This requirement is met. Section 4.01.06.B requires the front perimeter landscape area to be ten (10) feet wide, not including the sidewalk. A six (6) foot wide buffer is required for side and rear perimeter landscape areas. A ten (10) foot wide front and rear landscaped perimeter area is shown in sheet LS 3.0. Dimensions for the side landscaped area are shown as twelve (12) feet and six (6) feet. This requirement is met. Further, section 4.01.06.B.2 requires interior landscape areas to have a minimum size of one hundred forty (140) square feet." Sheet LS 3.0 indicates the interior landscaping area to be 990 feet. This requirement is met. Section 4.01.06.C requires buffers between incompatible uses as defined in Table 4.01.06. Further, "Two (2) parcels of different zoning districts that are specified in this section as 'incompatible" require a buffer along the parcel boundaries. This includes incompatible Zoning Districts that are separated by a road." The abutting properties to the north and east of the site are zoned Tourist Commercial and to the west is a 4 Mexico Beach Land Development Regulations Article II Section 2.02.04.D 5 Ibid, Section 4.01.06.A Page 4 of7 general commercial zoning district, separated by 30th Street. The current zoning designation for the site is also Tourist Commercial. A ten (10) foot wide perimeter landscape area is shown on the site plans. This requirement is met. Section 4.01.06.D prohibits accessory structures, garbage or trash collection points or receptacles, parking, and other functional uses within a required landscape area. Sheet LS 3.0 indicates a proposed "garbage can corral as an option to onsite dumpster." Further, the project narrative states "The site plan indicates the location of an existing dumpster accessible by waste management from 29th street. An alternative location for garbage cans is shown on sheet LS 3.0 on the east side of the proposed mixed use building." This requirement is met. d. Article IV. Section 4.01.07: Landscape Design and Materials According to Section 4.01.07.C, "Forty (40%) percent of the total number of individual plants selected from each of the categories of the list of approved species below (tree, shrub, and groundcover) and used to satisfy the requirements of this Code shall be selected from the list of native species in the category.6 Sheet LS 3.0 indicates that 4 palm trees are to be planted within the perimeter landscape areas. Further, the project narrative indicates the palms trees to be planted will be Sabal Palm Trees. This requirement is met. Further, Section 4.01.07.D states a ratio of one tree per fifty (50) linear feet of the boundary is required. Sheet LS 1.0 indicates a total of twelve (12) trees are to remain on the site with four (4) trees to be installed for a total of sixteen (16) trees. At 709 linear feet, the minimum required planted trees for the site are fifteen (15) trees. This requirement is met. e. Article IV. Section 4.02.00: Tree Protection Section 4.02.03.A states that within the primary tree protection area all hardwood trees with a four (4) inch DBH or greater and all softwood trees with an eight (8) inch DBH or greater are classified as protected trees. Sheet LS 1.0 of the site plans indicate two palm trees with a height of fifteen (15) and eighteen (18) feet are to be removed within the primary tree protection area. Palm trees are not classified as protected trees in the Mexico Beach Land Development Code. This requirement is met. f. Article IV. Section 4.05.00: Floodplain Requirements The topographical boundary survey submitted by the applicant and dated June 1, 2022 indicates the flood zone of the site is within Flood Zone x.7 The floodplain manager will address this under separate cover. g. Article IV. Section 4.06.00: Stormwater Management A: stormwater report submitted by the applicant and dated. January 15, 2025 states Treatment is provided through an onsite treatment swale that is to be constructed between parking spaces and around the perimeter of the buildings. "8 The engineer will address this under separate cover. h. Article VSection 5.04.00: Permitted Permanent Accessory. Signs 6 Mexico Beach Land Development Regulations Article IV Section 4.01.07.C 7 Plat of Boundary and Topographical Survey for White Sands Investment, dated 1 June 2022 8 Mexico Beach Mixed-Use Stormwater Report, dated 15 January 2025 Page 5 of 7 Section 5.04.01 states "A permanent accessory sign may be a ground or building sign or a work of art placed with the intention of advertising a commercial establishment or entity." No permanent accessory signs are indicated on the site plans. Any signage will therefore be subject to a separate sign permit. i. Article VI Section 6.03.00: Off-Street Parking Standards The requirements for residential units are two (2) spaces per unit. For commercial uses, specifically "office" the requirements are one space per. 300 square feet of gross floor area. At one residential unit and 2,661 square feet of commercial space, the minimum required number of off-street parking spaces for the proposed development is nine (9) spaces for the office and two (2) spaces for the residential unit. The site plans on Sheet 5.0 indicate thirteen (13) general spaces are provided and one ADA accessible parking space is provided. This is a total of fourteen (14) parking spaces. This requirement is met. j. Article VI Section 6.04.00: Design Standards Section 6.04.00.A requires parking spaces at a ninety (90) degree angle to have a stall width of ten (10) feet and depth of twenty (20) feet. The parking aisle must be twenty-four (24) feet in width. Further, ADA accessible spaces must have a stall width of twelve (12) feet and depth of twenty (20) feet. Sheet 5.0 indicates general parking spaces will have a width of ten (10) feet and a stall depth of twenty (20) ft. ADA accessible spaces will have a width of twelve (12) feet and a stall depth of twenty (20) feet. The width of the parking aisle is twenty-four (24) feet as indicated on the site plans. This requirement is met. Section 6.04.00.E states "All parking areas, except residential, are required to set aside five percent (5%) oft the parking area forl landscaping. Ifa commercial parking area is proposed, a six (6) foot fence is required in addition to the buffer requirements established in Chapter 4 of this Code."0 According to Sheet LS3.0, an existing six (6) foot wooden fence between the adjacent parcels to the northeast of the site is to remain. In addition, interior landscaping is provided within the parking area. The interior landscaped area is 990 square feet, or 19% of the parking area. This requirement is met. k. Article VI Section 6.05.00: Access Management Section 6.05.00.C.2 states "On roads not maintained by the State, the separation between access points onto arterial or collector roads, or between an access point and an intersection of an arterial or collector with another road, shall be in accordance with the following table... "11 Sheet 5.0indicates one access point to the parking area from 30th Street, a roadway not maintained by the State of Florida. The project narrative indicates the distance from the centerline of the proposed driveway to the centerline of the intersection of 30th Street and U.S. Highway 98 is 120 feet. 30th Street is a one-way street with traffic flowing north, away from U.S. Highway 98. Vehicles exiting the proposed access point will access Highway 98 from 32"d Street. Thus, as a condition for approval, proper signage indicating the directional flow of traffic is requested. 9 Mexico Beach Land Development Code Article VI Section 6.03.00.A 10 Ibid, Section 6.04.00.E 11 Ibid, Section 6.05.00.C.2 Page 6 of 7 Recommendation: A recommendation of approval for the development of a two-story mixed-use building located at 2902 U.S. Highway 98 with the following conditions: Include proper signage and directional flow arrows on the paved area within the site indicating travel to the north only fori traffic egressing 30th Street. Stipulate that the plans set limit the structural height to 32' in the notes. Page 7 of 7 FLOODPLAIN DEVELOPMENT PERMIT/APPLICATION BEACH To be Completed for development (see note) within Mexico Beach Special Flood Hazard Area (est. Ordinance 757) including: Zones A, AE, AO, AH, VE, or Shaded X fiood zones. Note: City ofMexico Beach Development Code, Amended through. January 11, 2022, Article VI, Section 7.00.02 Definitions, page 7-1: Development is defined as: Any building activity involving any material change in appearance to any structure or land, a change in the intensity of land use exclusive of normal lot cleaning where no trees or vegetation protected by the Land Development Codes are removed, or clearing ofl land for development purposes and any oft the following activities: 1. Construction, clearing, filling, excavating, grading, paving, dredging, drilling, or otherwise significantly disturbing the soil ofa site. (Examples: Any parcel ofland which contains a structure but also vacant lots such as those in a subdivision- such as Casuna or Ocean Plantation- or vacant lots which have met the definition of development and have been maintained over time, such as those along Hwy 98.) 2. Building, installing, enlarging, replacing, or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials. 3. Division oflandi into two or more parcels. SITE DATA Date: 1/06/25 Street Address: 2902 Hwy 98 Flood Zone/ Base Flood Elevation: X Owner Name: MB 101 LLC Owner Phone Number: Applicant/Contractor: Crest Enterprises Applicant/Contractor Phone Number: 850 527 0441/mmedinaecrestenterprises.com Parcel ID: 04512-000-000 Description: Development Order for New Multi Use Building Reviewer: K. Simpson Type of Review Requested: OCLOMR/LOMR Preliminary Plat OPUD Development Order Final Plat Placement of Fill Property Description: Vacant Lot JExisting Structure JExisting Drainage Features JSeaward of the CCCL DEVELOPMENT DATA Type of Development (Description): Vacant Lot: (Check all that apply) OFilling OGrading Excavation New Construction Fill Type and Source Proposed: Fill Volume Proposed: Fill Depth Proposed: Compaction Specs provided? V allowable = 1 ft depth over construction area - FLOODPLAIN DEVELOPMENT PERMIY/APPLICATION BEACH Highest Adjacent Grade Current: Proposed Finished Grade: Lowest Adjacent Grade Current: New Construction: Commercial Residential Main Structure JAccessory Structure Highest Adjacent Grade (finished): Elevation of Top of the Bottom Floor: Elevation of Top of the Next Higher Floor: Elevation of Mechanical, Electrical Equipment servicing the building: Elevation of highest point along roadway adjacent to property (shaded X only): Ground Floor Enclosure breakaway walls? (v zone and seaward of CCCL) Yes No If yes are they free of electrical, mechanical, and plumbing equipment? DYes No Flood Proofing (Wet/D Dry) Flood Opening Net Area (Sq. In.): Enclosure Area (Sq. Ft.): Elevation of Lowest Horizontal Member (Seaward of CCCL only): Does structure comply with Scour-resistant construction methods for foundation? (V zone only) DYes No Has V-zone certification been provided? (V-zone only) Existing Structure: Repairs/ Remodel JAddition JEnclosure within Existing Attach Contract of Proposed Improvements (scope of work with corresponding cost): Total Cost of Improvement repair/remodel): Present Market Value of Structure Only: Determination of Percent of Improvement: Structure Data: BFE: First Floor Elevation: Highest Adjacent Grade (finished): Permit Approval/ Denial: 2 BEACH FLOODPLAIN DEVELOPMENT PERMIT/APPLICATION Determination: No loodplain Permit Required Approved As Is DApproved with Comments Denied Or More Information Required (check all that apply): Architectural Plans Structural Plans OSite Plan Grading Plan JElevation Certificate Reviewer Comments/Notes: Xf flood zone- approved. 1/6/2025 (Permit Reviewer Signature) (Floodplain Administrator Signature) THIS PERMIT S USED WITH THE CONDITION THAT THE DEVELOPER/OWNER WILL PROVIDE CERTIFICATION BY A REGISTERED ENGINEER, ARCHITECT, OR LAND SURVEYOR OF THE "AS-BUILT" LOWEST FLOOR (INCLUDING BASEMENT) ELEVATION OF ANY NEW OR SUBSTANTIALLY IMPROVED BUILDING COVERED BY THIS PERMIT. 3 KI ghmobote January 28, 2025 Mrs. Juli Danaher Deputy City Clerk/Executive Assistant City of Mexico Beach 201 Paradise Path, Mexico Beach, FL 32456 Sent via email to: Gansneramsghsactlgew RE: 2902 HWY 98 STORMWATER REVIEW NO. 1 ANCHOR PROJECT NO. 1328.04 DO Dear Mrs. Danaher: As requested, Anchor Consulting Engineering and Inspection, Inc. (Anchor) completed a stormwater review of the documentation for the 2902 Hwy 98 development in Mexico Beach, FL and provided comments back to the Applicant. On January 21, 2025, Moore Bass to Anchor Consulting provided a signed and sealed stormwater report and updated development order for review. Anchor has reviewed this documentation and all previous comments have plans been addressed. Below are the comments that were remaining and the responses from Moore Bass Consulting; attached are the revised drawings and stormwater report. STORMWATER REVIEW Review Comment No 1. Clarify how emergency discharge will be handled. It appears that an emergency outlet control structure is not included in the proposed stormwater management system. Applicant Response: The overflow elevation of the swale is set at 17.50 (we will clarify how/where on the plans we would resubmit). Once the onsite SWMF is inundated, excess runoff will discharge via the swale overflow and continue flowing offsite to the north as it has historically drained. Review Comment No 2. Provide pre-development versus post-development runoff attenuation per section 4.06.03 (B) of the City of Mexico Beach LDC. Applicant Response: Please see the attached stormwater report which provides calculations for the pre and post development runoff as well as a flood routing simulation which documents post development runoff shall not exceed pre development conditions runoff. The proposed treatment swale system will retain 25yr 24hr storm event which will significantly reduce historic stormwater discharge from the project area to the adjacent rights-of-way and adjoining properties. Review Comment No 3. Provide an Erosion & Sediment Control Plan to meet the requirements outlined in section 4.06.03 (E) of the Mexico Beach LDC. Applicant Response: Please see the attached updated construction plans for the requested plan sheet. Review Comment No 4. Ensure that any off-site runoff is being accommodated per section 4.06.03 (C) of the Mexico Beach LDC. Applicant Response: The project area is very flat. The site is located at the top of the rise on Hwy 98 and the runoff from offsite generally sheet flows east and west between the roadway edge of pavement and the existing sidewalk along the property frontage and then north down 30th St ET gfmohote South and north on 29th Street. The eastern portion of the project is the existing restaurant and those drainage patterns are unchanged. For the Mixed Use portion, the historic drainage pattern will also be maintained. The southern edge of parking elevations will slightly pitch from east to west to encourage any offsite runoff that might continue north of the existing sidewalk to continue sheet flowing west and then north as it has historically flown. Offsite runoff will not be impeded by the proposed work. As an additional level of assurance two pervious gravel areas are proposed between the Hwy 98 right of way and proposed parking that would encourage infiltration of that Hwy 98 runoff to reduce that runoff that would have historically sheet flowed laterally across the southern property frontage. Review Comment No 5. Provide calculations to demonstrate that the proposed swale is capable of collecting the runoff imposed by the design storm event without overtopping. Applicant Response: Mexico Beach design criteria require that post development runoff shall be equal to or less than that in the predevelopment conditions. The attached drainage calculations and flood routing analysis document that the proposed stormwater system will exceed that minimum design criteria and will all but eliminate project area stormwater discharge in up to the 25yr 24hr storm event. Review Comment No 6. Clarify how the design top of bank elevation of 17.50' is achieved. It appears that the top contour of the swale on the proposed Grading Plan varies from 16.50' to 17.00'. Applicant Response: Please see the updated attached construction plans with top of bank contours and spot elevations updated to be consistent with the proposed design. FINAL COMETEIICOITETDATOI Anchor recommends approval based on the response comments above, revised drawings, and stormwater report. 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Action Requested: The City Council must decide on the action to take with this ordinance. ISSUE OVERVIEW Background Information & Issue Summary: The LDC isn't clear on the setback requirements for single family detached homes in the townhome district. These changes codify the requirement for a 7.5' setback for single family detached in the townhome district. It also cleans up previous language and exceptions that were temporarily in effect post hurricane Michael which have since expired. It also specifies the points from which measurements must be taken. Financial Impacts: None. Staff RecommendtlonsCommens The City Council should approve the ordinance to codify the previously discussed changes. ORDINANCE NO. 849 AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING THE CITY'S LAND DEVELOPMENT CODE TO MODIFY ALL OR CERTAIN PORTIONS OF SECTIONS 2.02.02, 2.02.07, 3.00.04, and 6.01.00 TO AMEND AND CLARIFY SETBACKS IN A TOWNHOME LAND USE/ZONING DISTRICT; PROVIDING FOR A REPEALER, SEVERABILITY, CORRECTION OF SCRIVENER'S ERRORS, LIBERAL CONSTRUCTION AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII, Section 2(b) of the Constitution of the State of Florida, and Section 166.021(1) of the Florida Statutes, the City of Mexico Beach, Florida ("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; WHEREAS, Chapters 163 and 166 of the Florida Statutes provide for the City to regulate land use/zoning and development and implement its Comprehensive Plan through land development regulations that comprise the City's Land Development Code; WHEREAS, the Mexico Beach Planning and Zoning Board, acting as the Local Planning Agency, reviewed this amendment to the Land Development Code on December 2, 2024, during a duly noticed public hearing and recommended certain amendments be approved by the Mexico Beach City Council; WHEREAS, pursuant to Section 166.041 of the Florida Statutes, the Mexico Beach City Council held public hearings on January 28, 2025, and February 11, 2025, to consider the amendment, and after consideration of the public comments received during the public hearing, adopted this Ordinance to amend its Land Development Code; and WHEREAS, the City Council hereby finds and determines that the approval of this Ordinance to the Land Development Code is consistent with the Goals, Objectives and Policies of the City's Comprehensive Plan, as amended. NOW THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MEXICO BEACH THAT: SECTION 1. APPROVAL AND ADOPTION OF AMENDMENT Sections 2.02.02D, 2.02.07, 3.00.04, and 6.01.00 of the City's Land Development Code are amended as set forth on Exhibit "A" attached hereto and made a part hereof. SECTION 2. REPEAL All codes, ordinances or resolutions or parts of codes, ordinances or resolutions or portions thereof of the City in conflict with the provisions of this Ordinance are hereby repealed to the extent of such contlict. 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 appropriate jurisdiction, 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. ORDINANCE TO BE LIBERALLY CONSTRUED. This ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 6. CODIFICATION. The provisions of this Ordinance shall become and be made part of the Land Development Code of the City. The sections of this Ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article, or other appropriate word. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage. PASSED, APPROVED, AND ADOPTED at a duly noticed public meeting of the City Council of the City Mexico Beach as of this 11th day of February, 2025. CITY OF MEXICO BEACH Richard Wolff, Mayor ATTEST: Tammy Brunson, City Clerk *In this Ordinance, language added to an existing section is printed in underscored type, and language deleted is printed in PHANCK-hroug-type. Ordinance 849 Exhibit A ARTICLE II ZONING 2.01.00 ZONING DISTRICTS 2.02.02 Zoning Districts D. Townhome District 1. District Intent 2. Allowable Location This zoning district is created to specifically allow common wall townhomes within the City. This The Townhome District is allowed within the district allows for single family attached and High Density Residential Future Land Use multi-family attached residential dwelling units at Category. a maximum density of 8 dwelling units per acre. 3. Principal Uses 4. Uses Allowed 5. Prohibited Uses With Council Approval a. Residential single family, a. Docks, piers, a. Mobile homes attached; residential single wharves, and family, detached. similar structures b. RV parks in City Waters. C. Landfills. b. Multi-family Residential d. Hazardous waste collection and handling C. care facilities, centers. d. Group homes e. Borrow pits. f. Pastures, forestry, feed lots, and buildings which are an accessory to these agricultural uses. g. Junkyards and salvage yards. h. Firing ranges i. Marinas j. Miniature golf courses k. Race tracks I. Medical marijuana treatment center m. multi-family residential on a single parcel. Ordinance 849 Exhibit A Page 1 7. Development Standards Setbacks Impervious Surface Max Height Ratio Front Side' Rear Corner 20 feet Ofeet7.5 10 feet 10 feet 0.85 32 feet feet. If there is a common wall or attachment easement shared by the residential units, then the setback shall be 0 feet. ForamparetstahiesAsy-NPek-twdiawwahemeDlsia-lat owahsmepHmtpaeiaw-wEwkouane 2.02.07 Setbacks A. If the site is adjacent to a major arterial roadway, the front setback for the site will be that portion abutting the arterial roadway in all zoning categories. B. If the applicable zoning district setbacks allow, Thea structure may be built on the property line provided the structure is built with a common wall or the owner shall grant an attachment easement to the adjacent property owner)-Alous.ComecamGeReaiCemmeriaienkx C. Minimum Setbacks Between Buildings 1. The minimum distance between adjacent buildings shall be ten (10) feet, except that no setback between buildings is required where a common wall is constructed or an attachment easement has been created pursuant to paragraph B of this Section. 2. Distance shall be measured from the exterior wall of a permanent structure, or any portion of the permanent structure, as measured at the narrowest space between structures-Whethera-main-iwving pidpasinalweana-aAstaNw, and shall not include roof overhang (eave). or building services equipment. Ordinance 849 Exhibit A Page 2 3. Single-family detached EAAdNtng built eesG-aw GemeraiCommerelals outside of the High Density Residential, Residential General, Residential Low Density, and Tourist Mixed Use zoning districts preperty must adhere to Residentia-buldingthe setback requirements as shown in Section 2.02.02.B WRAtheeweepHeneFFOREsee-INK-Fhelrontsetbaek emanstwewel2Heet. D. Minimum Setbacks for amsenalbnPrteseraton District Building setbacks may be greater than stated abeve-in Section 2.02.02.1 when building on sites next to or containing environmentally sensitive landy-PhesesethwkreNaelaasesties5020H-. .03.05-84,5.02.052Aofthis-Cede: ttdseawaver FOFIWenty-eW2P4/ORNSe6wingheeectivedatedi0d-784-4eCyWIcOntinwe-te-consider developmenterderappicatiensetbasetbaeksasprowideded-belowandmayapprove-these PpHcaBnSalOFINequirementsare-met: ThelimitedsetbaekwaNeraNowsNepimaysawdweiole-utatesamesamefootprintasihe PreVAHSPmay-StFctureasthatioetpantesedenon-Oeteber9,2018; Fhiswaiverdeesmoepreperywilchangeieg-buldinga-dwellingunin whereabusinesswasierhuNieahwwadw-wellagunitwaslaie4, TANiswaverdesmetapsiemmberalsaçuaseneparelwlincese) FNiwaMerdeesmetapePasyanieMwywlhheapalcale eurrentrules; ThiswawerlelowsthelamG-ahesAaAbenEpetsensenaH-anowmeF: -FReaerepiesupeweiePi.netNpaas ensstedpusuantedmapmeteabepistedy-CHrguularmon-comlomine serules-thereafter: Perraiw--wstbpmesenderapliaston andenly-theregularaPpicatonlewillapply-teit; 8--ApplcantS-ISEcONAdwssererherdesigmeeamdprovide swrvey,bwdingplnsandetherreleFrelevantdecumentsiFrequested-eefimithethe-boundariesef the-prorbuidingeotPHEOPistanee-om-the-prepertly-boundarieseFte-determine-whetherthe requirements-eftNserdinance-hae-been-met: 9-AldevelepmentertoNtesgNedwNANdwwahershalaiaeaeihattherequirementis asdamehwekatwwpaNee theparceland 10-PeciyshaildeyamtwdytlerguiemeisefiNs rdimanee,bwEswehrequestmayBeconsderedunderstandard-aranepreseduresupes-upon-subsequent PHaHoby/INeowneR: Ordinance 849 Exhibit A Page 3 APpowaHoHNlmiedsdwaerdesMeeaawaiaoiesecomply-wilhalelher espiomgatedyAmAReON. (Ord. 711, passed 2-5-2019; Ord. 781, passed 4-12-2022) ARTICLEL III SUBDIVISION REGULATIONS 3.00.00 GENERAL PROVISIONS 3.00.04 Definitions Setback The required minimum horizontal distance between the permanent exterior wall of a structure, or any portion of the permanent structure, as measured at the narrowest space between that point and the platted lot or parcel bounar.huaangineanaww.epprarpePeyinw The measurement shall not include an overhang which is twenty-four (24) inches or less, but shall include any overhang that is greater than twenty-four (24)inches. ARTICLE VI OFF STREET PARKING, CIRCULATION AND ACCESS 6.01.00 DEFINITIONS Setback The measurement from the exterior wall of a permanent structure, or any portion of the permanent structure, as measured at the narrowest space between that point and the recorded property or parcel boundary. The measurement shall not include an overhang which is twenty-four (24) inches or less, but shall include any overhang that is greater than twenty-four (24)inches. The-lateraldistanee-betweenthe ehtafway-ineamdthsaddlwand,orother olect-Tneprovisionewesimapatelerverveeestesiopotparkbelweensueh faelitiesand-he-righeright-ofway-line: Ordinance 849 Exhibit A Page 4 MEXICOI BEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # E Meeting Date: 2-11-25 Department Admin Consent Closed Public Hearing: Yes R No Agenda Agenda Regular Session Date of Public Hearing: PRESENTERINFORMATON CONTACT: Chris Truitt ITEM TO BE CONSIDERED Subject: Moving Funds for Public Works Truck Attachment(s): Ordinance 850 Brief Summary: New trucks were budgeted for Water ($40k), Sewer ($40K), and Roads & Streets ($25k). After purchasing their new vehicles, Water and Sewer have funds left over that they will give to Roads & Streets to increase the Roads & Streets purchase budget. These funds are already budgeted; this item moves them between departments. Action Requested: The City Council should approve transfer of funds. ISSUE OVERVIEW Background Information & Issue Summary: The cost of purchasing and outfitting a new truck is roughly $33-$35k. Utilities - Water has $6717.18 left after the purchase of their new truck (budgeted $40k). Utilities - Sewer also has $6717.18 left (budgeted $40k). We would like to transfer that excess $13434.26 to Public Works to augment the $25k budgeted for their truck, bringing the available funds to roughly $38k for their new truck. There will most likely still be funds left over. Financial Impacts: None. All funds are already budgeted. Staff RecommendstonsCommens Approved the transfer of funds. This has no impact on the budget as funds are already budgeted. ORDINANCE NO. 850 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEXICO BEACH FLORIDA, AUTHORIZING AMENDMENTS FOR THE APPROPRIATION OF FUNDS AND ADOPTION OF AN AMENDED BUDGET FOR THE FISCAL YEAR 2024-2025 IN ORDINANCE NUMBERS 840, 841 AND 843 FOR THE WATER, SEWER, AND PUBLIC WORKS FUNDS; PROVIDING FOR SEVERALBILITY; PROVIDING REPEAL OF PARTS OF ORIDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Mexico Beach, Florida, has determined that it is in the best interests of the people of the City of Mexico Beach that this ordinance be enacted; WHEREAS, the City Council desires to amend Ordinance No. 841 for the Water Fund budget (Line Item 400.533.6400 Capital Costs, Machinery & Equipment), to transfer out $6,717.18; WHEREAS, the City Council desires to amend Ordinance No. 843 for the Sewer Fund budget (Line Item 420.533.6400 Capital Costs, Machinery & Equipment), to transfer out $6,717.18 to the Road and Streets Fund budget (Line Item 001.541.6400); and WHEREAS, as a result of the foregoing transfers, the Roads and Streets Fund budget (Line Item 001.541.6400) shall be increased by a total of $13,434.36, to be expended in the anticipated purchase of a truck. NOW THEREFORE, be it ordained by the City Council of the City of Mexico Beach, Florida as follows: 1. There is an appropriated sum of $6,717.18 from the Water Fund (Line Item 400.533.6400 Capital Costs, Machinery & Equipment), for Fiscal Year 2024-2025 to be transferred to the Roads and Streets Fund budget (Line Item 001.541.6400) to be expended in the anticipated purchase of a truck, as set forth in the amended budget of said City on file with the City Clerk. 2. There is an appropriated sum of $6,717.18 from the Sewer Fund (Line Item 420.533.6400 Capital Costs, Machinery & Equipment), for Fiscal Year 2024-2025 to be transferred to the Roads and Streets Fund budget (Line Item 001.541.6400) to be expended in the anticipated purchase of a truck, as set forth in the amended budget of said City on file with the City Clerk. 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict. 4. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part sO declared. 5. The City Attorney may correct any scrivener's errors found in this Ordinance, without public hearing, 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. 6. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. 7. This Ordinance shall take effect immediately upon its adoption. INTRODUCED at the Regular Council Meeting of the City Council on the 28th day of January, 2025. ADOPTED at the Regular Council Meeting of the City Council on the 11th day of February, 2025. CITY OF MEXICO BEACH, FLORIDA BY: Richard Wolff, Mayor ATTEST: Tammy Brunson, City Clerk MEXICOI BEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM: # * Meeting Date: 2-11-25 Department: Admin Public Hearing: Yes R No Consent Regular Closed Agenda Agenda Session Date of Public Hearing: PRESENIERINPORMATON CONTACT: Chris Truitt ITEM TO BE CONSIDERED Subject: Ordinance 851 - Beach and Dune Protection Attachment(s): Ordinance 851 -Beach and Dune Protection, Business Impact Statement Brief Summary: Councilman Smith requested the creation of an ordinance to protect one of our greatest natural assets - the dune system. The new ordinance specifically prohibits walking or traversing in the dune in addition to several more prohibited activities. Action Requested: The City Council should vote on the ordinance. ISSUE OVERVIEW Background Information & Issue Summary: Mexico Beach does not have any dune protection other than state statute, and that does not prohibit walking on the dunes. Walking on dunes disturbs the plant and animal life, degrading our dune system over time. This ordinance aims to correct that. Financial Impacts: None. Staff ecommendationsCommens Staff recommends approving the ordinance and will seek assistance from the Sheriff's Office to enforce. ORDINANCE NO. 851 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEXICO BEACH, FLORIDA, ADDING CHAPTER 99 OF THE CITY OF MEXICO BEACH CODE TO BE ENTITLED "BEACH AND DUNE PROTECTION, 1 RELATING TO PROTECTION OF THE CITY'S BEACHES AND DUNES; ESTABLISHING THE PURPOSE AND INTENT OF THE ARTICLE, CREATING DEFINITIONS, PROHIBITING CERTAIN ACTIVITES IN ORDER TO PROTECT THE CITY'S CUNE SISTEM, IDENTIFY PERMITTED ACTIVITIES, AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, climate change, sea level rise, and beach erosion all potentially threaten the coastal protection of the City of Mexico Beach ("City"); WHEREAS, beaches and dunes are a strategic aspect of the green infrastructure of the City, which safeguard upland properties from the effects of storm surge during storm events; WHEREAS, Section 161.053 (2) (a), Florida Statutes, in pertinent part, prohibits any person, firm, corporation, or governmental agency from making any excavation, removing any beach material, or otherwise altering existing ground elevations, driving any vehicle on, over, or across any sand dune; or damaging such sand dune or the vegetation growing thereon; and WHEREAS, the City Council desires to adopt regulations that protect the City's dune system, and prohibit unauthorized or disturbing activities that may lead to the degradation of the natural or restored dune resources. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MEXICO BEACH, FLORIDA, AS FOLLOWS: Section 1. Creation. Chapter 99 of the Code of the City is hereby created as follows: CHAPTER 99 BEACH AND DUNE PROTECTION Sec. 99-1. Purpose and Intent. The purpose of this chapter is to establish reasonable regulations that will protect the public investment in the beaches and dunes, protect public and private infrastructure, and minimize expenditure of public funds for costly storm recovery projects due to adverse impacts associated with storm surge or wave action resulting from impairment of, or damage to, protective dune resources. The provisions hereof are in addition to other provisions of the Code of Ordinances ("Code") and the City's Land Development Code ("LCD"). The regulations are intended to 1 encourage the growth, expansion, and vitality of the dune system, preserve endangered and threatened wildlife, prevent harm or degradation to the valuable and protective vegetative sand dune resources from unauthorized foot or vehicular traffic, unauthorized digging, mining or other unauthorized construction activity, installation of vegetation inconsistent with sand dune systems, pet activity, or other unauthorized or disturbing activities that may lead to the gradual, immediate, or cumulative degradation of the natural or restored dune resources. This article is intended to achieve these purposes by: (1) Prohibiting unauthorized activities in the dunes that threaten the integrity of the dune system; and (2) Identifying and mitigating damaging, unacceptable, and detrimental activities within the dune system. Sec. 99-2.Scope. This chapter applies to all areas of the City within the Beaches and Dune Protection Zone as defined in Section 4.03.04C of the LDC that is designated as "Preservation" on the Future Land Use Map of the Comprehensive Plan, encompassing lands south of U.S. 98 between 8th Street and the eastern City limit and lands seaward of the Coastal Construction Control Line ("CCCL"). Sec.99-3. Definitions. In the addition to the definitions found elsewhere in this Code but in the case of conflicts the provisions of this chapter shall prevail, the following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Authorized Vehicular Traffic means use of personal vehicles, equipment, or utility terrain vehicles ("UTVS") that have been approved for use on the beach, including government marked vehicles, public safety vehicles, and vehicles permitted for temporary access under a concession agreement or special event permit. Beach Equipment means any man-made apparatus or paraphernalia designed and manufactured for use, or actually used on the beach, or in the adjacent tidal water, including but not limited to chairs and lounges, umbrellas, sailing vessels up to 16 feet in length, personal watercraft, canoes, kayaks, paddles vessels, sailboards, surfboards, fishing gear, sporting equipment, floatable devices, tents and bicycles. Department means the Public Works Department of the City. 2 Dune crossover or dune walk-over means the path intersecting the dune system which is designated by the City for beach access. Excavation means the removal or alteration of dunes and dune vegetation and scraping, grading, or dredging a site. Green Infrastructure means both the natural environment and engineered systems to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife. Regular maintenance activities include but are not limited to mowing, edging, line trimming, irrigation system operation maintenance/repair, litter retrieval and waste and disposal, pruning, mulching, weeding, landscape maintenance, pesticide and fertilizer application, replacement of plants as required, and rope and post maintenance as conducted by the City contractors and employees. All routine landscape maintenance services for the dune should follow the guidelines of the City. Restoration means the full removal and off-site disposal of non-native invasive, and/or pest plant species. Staging or staging area means a location where people, vehicles, equipment, and materials are assembled before use. Substantial improvement means the creation of vehicular or pedestrian trails, landscape work that adversely affects dunes or dune vegetation, and increases the size of any structure. Wildlife means those native species who live and grow in the dune system, including birds, reptiles, mammals, insects that are found in a natural dune ecosystem throughout Northwest Florida. Sec. 99-4. Prohibited activities. (a) It shall be unlawful and prohibited for any person to conduct or permit to be conducted by any of the following activities upon the dunes: (1) Harass, molest, or disturb wildlife and plant vegetation; (2) Maintain a dump of, or discard of, of sand, rock, or other debris; (3) Leave human or animal waste; (4) Discard or abandon animals; (5) Excavate, mine and remove, or haul sand or soil from the beach or dune; 3 (6) Plant vegetation, except as (i) permitted under the Beachfront Management Plan (which includes the Dune Management Plan), and (ii) approved by the Department Director; (7) Relocate or remove vegetation, except as approved by the Department Director; (8) Store beach equipment, tents, or other materials in the vegetated dune area. (9) Destroy, mutilate, break, move, tear up, carry away, harvest, traverse upon, or alter in any manner any dune and/or beach vegetation, fencing, rope and post, public access structures, public beach structures, or fixtures occurring naturally or planted or erected by the City or its agents; (10) Walk or traverse in the dune; (11) Drive or operate a motor vehicle; (12) State or place any material or equipment, including for construction activities; (13) Construct any improvement except in accordance with the LDC; or (14) Light or maintain any open fire. Sec. 99-5. Permitted activities (a) Foot pedestriantraffic and authorized vehicular traffic permitted in designated dune crossovers or other designated beach access points. (b) Organized volunteer dune restoration and planting events may be permitted and are subject to the approval of the Department Director. (c) All work in the dune must comply with the guidelines of the City. (d) Any work conducted in the dune as required by FDEP through the Coastal Construction Control Line Permit Program shall require the prior written approval of the Department Director. A City right-of-way permit shall be required prior to the commencement of any work in the dunes. Any work conducted in the dunes shall be required to comply with the guidelines established from time to time by the City. (e) Maintenance pruning may be requested by adjacent upland properties. Such request shall be made to the Department Director and will be reviewed and approved on a case-by-case basis. Maintenance pruning work may only be conducted by 4 City staff or its contractors, unless otherwise approved by the Department Director. (f) City contractors and employees are permitted in the dunes to conduct regular maintenance activities associated with vegetative maintenance authorized by the City and regular cleanliness management. Sec. 96-6. Enforcement and penalties. (a) Fines collected under the chapter may be used for improvements that protect and enhance the City's dune system. (b) The procedures for handling a violation of this chapter shall be the same as any other civil violation of the Code or LDC of the City including but not limited to any required notices, hearings and/or appeals. (c) Any person or persons violating this chapter is guilty of a misdemeanor of the second degree, punishable as provided by state statutes. Each person found in violation of this chapter shall be fined for each separate offense a fine of $500.00. (1) Unpaid fines shall accrue interest at the highest rate authorized by Florida law. (2) A certified copy of the order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After three months following the recording of any such lien that remains unpaid, the City may foreclose or otherwise execute upon the lien for the amount of the lien, plus accrued interest, collection costs, and attorneys' fees. (3) The violator is responsible for reimbursement to the City of all investigative and restoration costs incurred by the City. Costs shall include, but are not limited to, cost of equipment operation and maintenance associated with the investigation or restoration, cost of materials used in the investigation, personal cost of contract services, re- planting costs, and labor costs. 5 Section 2. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. If any penalty of this section is deemed inconsistent with any Florida Statute, the provisions of the Florida Statute shall prevail. Section 3. Scrivener's Errors. The City Attorney may correct any scrivener's errors found in this Ordinance, without public hearing, 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 4. Ordinance to be Liberally Construed. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. Section 5. Codification. The provisions of this Ordinance shall become and be made part of the Code of the City. The sections of this Ordinance may be re-numbered or re-lettered to accomplish 6 such intention, and the word "ordinance" may be changed to "section, 1 "article," or other appropriate word. Section 6. Repeal of Conflicting Codes, Ordinances, and Resolutions. All codes, ordinances and resolutions or parts of codes, ordinances and resolutions or portions thereof of the City of Mexico Beach, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage. PASSED, APPROVED AND ADOPTED by the City Council of the City of Mexico Beach, Florida as of this day of February, 2025. CITY OF MEXICO BEACH, FLORIDA By: RICHARD WOLFF, Mayor ATTEST By: TAMMY BRUNSON, City Clerk *In this Ordinance, language added to an existing section is printed in underscored type, and language deleted is printed in EENek-threwg-type. 7 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the website of the City of Mexico Beach ("City") by the time notice of the proposed ordinance is published. Proposed ordinance's title/reference: ORDINANCE NO. 851 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEXICO BEACH, FLORIDA, ADDING CHAPTER 99 OF THE CITY OF MEXICO BEACH CODE TO BE ENTITLED "BEACH AND DUNE PROTECTION, RELATING TO PROTECTION OF THE CITY'S BEACHES AND DUNES; ESTABLISHING THE PURPOSE AND INTENT OF THE ARTICLE, CREATING DEFINITIONS, PROHIBITING CERTAIN ACTIVITES IN ORDER TO PROTECT THE CITY'S DUNE SYSTEM, IDENTIFY PERMITTED ACTIVITIES, AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with Section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. The proposed ordinance is required for compliance with Federal or State law or regulation; Eli The proposed ordinance relates to the issuance or refinancing of debt; The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; Eli The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; Eli The proposed ordinance is an emergency ordinance; Eli The proposed ordinance relates to procurement; or The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; See Section 166.041(4)(c), Florida Statutes. 1 b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; C. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): Ordinance No. 851 adds Chapter 99 to the Code of Ordinances dealing with beach and dune protection. The Ordinance provides definitions, prohibited acts and penalties seeking to protect the valuable resources of the beach and dunes within the City; thereby, satisfying a public purpose. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a). An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. There are unlikely to be direct compliance costs associated with Ordinance No. 851. No new charge or fee is imposed by the Ordinance for which ousinesses in the City should be financially responsible. There may be indirect compliance costs in the protection of the beach and the dues. The City may incur increased, indeterminate regulatory costs associated with code compliance. Existing fees and costs may be incurred as a part of code compliance, the amounts are currently not determinable. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Ordinance No. 851 does not impose any new charge or fee on existing businesses in the City. The City may incur increased, indeterminate costs associated with ensuring compliance. There are no new charges or fees that will be imposed on existing businesses by the proposed Ordinance to cover the City's costs of ensuring compliance. 2 4. Additional information the governing body deems useful (if any): The proposed Ordinance No. 851 is a generally applicable Ordinance that applies to all persons similarly situated (individuals as well as businesses) who might want to access the beach and dunes within the City. The estimated number of businesses likely to be impacted by the Ordinance cannot be quantified at this time because the number of businesses likely to be impacted by Ordinance No. 851 will depend on how many businesses seek to operate on the beach and the dunes within the City. 3 MEXICO BEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM# # Meeting Date: 2-11-25 Department: Admin Public Hearing: Yes K No Consent Regular Closed Agenda Agenda Session Date of Public Hearing: RESENIENINFORMATION CONTACT: Chris Truitt ITEM TO BE CONSIDERED Subject: Task Order for Boat Ramp Attachment(s): Anchor CEI Combined Task Order and Notice to Proceed (NTP) Brief Summary: Anchor is ready to move forward with the new design as well as assist us with the revisions to the Florida Fish & Wildlife Conservation FBIP grant agreement. This combined task order and NTP will allow them to move forward for those processes as well as the required services, project management, bidding and procurement, and construction administration. Action Requested: The City Council should authorize the Administrator to sign the task order and notice to proceed. ISSUE OVERVIEW Background Information & Issue Summary: James Moore has been conducting our delinquent audits; they are prepared to start this most recent fiscal year and continue through 2028. Financial Impacts: $96,590 to be included in the grant funding received. Staff ecommerdtonsCommens Approve the task order and NTP. Engineenng and Insped ion Shmcholcsi P. 850.215.1285 F. 850.215.1286 450 Magnolia Avenue Panama City, FL 32401 January 09, 2025 Mr. Chris Truitt City Administrator City of Mexico Beach 201 Paradise Path Mexico Beach, Florida 32456 Sent via email to: trut@mexcopeachigow RE: MEXICO BEACH BOAT RAMP REPAIRS & EXPANSION PROFESSIONAL REDESIGN, ENGINEERING, PERMITTING, AND BIDDING Dear Mr. Truitt: At the request of the City of Mexico Beach (City), Anchor Consulting Engineering and Inspection, Inc. (Anchor) is pleased to submit this proposal and task order for the design, permitting, and bidding of the Mexico Beach Boat Ramp Repairs & Expansion project. PROJECT BACKGROUND From the information received from the City, it is Anchor's understanding that the existing City boat launch includes over 650 linear feet of sidewalk and seawall, two docks (approximately 90 linear feet each), and concrete boat launch ramps. In addition, there is a parking lot, restroom building, and fish cleaning station on site; however, it is Anchor's understanding that those amenities are not included as part of this project. Based on the information provided by the City, the scope for this project will be paid from a Grant with the Florida Fish and Wildlife Conservation Commission (FWC) Florida Boating Improvement Program (FBIP) Grant. The previous expansion design was completed and approved by FWC which includes 3 additional boat lanes and 1 new dock. It is Anchor's understanding the City would like to instead have 1 new single lane and 1 floating dock and gangway. In addition, the City would like seawall repairs to be included in this scope. Scope of Work Grant Agreement Revisions Anchor will assist the City with revising the Florida Fish and Wildlife Conservation Commission (FWC) Florida Boating Improvement Program (FBIP) Grant Agreement to include the addition of a single boat ramp lane, a 30' X 5' ADA complaint gangway, a 22' X 6' floating dock, and seawall and sidewalk repairs (if there is enough funding available upon receiving bids). Anchor will provide the City with a draft revised Grant Agreement for review and submission to FWC. Per conversations with FWC, the City will need to submit the revised agreement directly to FWC for review and approval. Expansion 2025-01-08_MB Boat Ramp Repairs & Expansion Page I 1 MEXICO BEACH BOAT RAMP REPAIRS & EXPANSION PROFESSIONAL REDESIGN, ENGINEERING, PERMITTING, AND BIDDING JANUARY 08, 2025 The expansion portion of this project will be paid by the Florida Fish and Wildlife Conservation Commission (FWC) Florida Boating Improvement Program (FBIP) Grant. Upon completed review and approval of the revised grant agreement by FWC, Anchor will provide expansion construction drawings to include 1 additional boat ramp lane, an ADA compliant gangway attached to the existing promenade, and a floating dock. Seawall Repairs It is Anchor's understanding that portions of the existing seawall sustained damage from Hurricane Michael in October 2018. The damaged seawall is causing sand to spill into the canal and the loss of sand behind the seawall is causing the concrete promenade to crack and sink. FWC is willing to include some or all of the seawall repairs in the grant that has been awarded, however FWC will not increase the grant amount SO the seawall repairs will be covered by whatever grant funds are left after the boat expansion portion of the scope. t is not clear if any FEMA Public Assistance funding is available for seawall damage repair and Anchor's scope does not include any assistance with federal funding or reimbursements. The existing stretch of sidewalk and seawall on the north side is approximately 330 linear feet and the existing stretch of sidewalk and seawall on the south side is approximately 253 linear feet. SCOPE OF SERVICES Anchor will provide the below services for this project. Task A = Revisions to Grant Agreement Anchor will assist the City with revisions to the Florida Fish and Wildlife Conservation FBIP grant agreement to identify the new scope of work to include a single lane expansion, ADA compliant floating dock, and seawallsidewalk repairs. Per Anchor's conversations with FWC, a conceptual layout will need to be provided along with the revised grant agreement for FWC review. Anchor will provide a conceptual layout (see attached) to be submitted to FWC along with the revised grant agreement. Task B - Preliminary Analysis and Preliminary Design Upon FWC's approval of the revised scope, Anchor will review existing conditions of the site and existing drawings, collect information from the City, documentation of damages, and others as it relates to this project. This task further includes providing a preliminary design of the expansion, a preliminary design of the repairs to the sidewalk and seawall, and grant coordination. The preliminary drawings would include plans for sawcuting/removing promenade/seawal, retaining wall blocks, and 0ewakspromenace, then the addition of 1 additional boat lane which will include new concrete bollards, concrete boat ramp, sidewalks, aluminum handrails, wood dock, PVC edge guards, and rubble at the end of the new concrete ramp. Task B = Surveying Services Anchor will coordinate with a State of Florida Registered Professional Land Surveyor to boundary survey, topographic and hydrographic survey data of areas identified above, to include right-of-way limits, topography, mean high water (where applicable), and any other elements that would assist with the design. 2025-01-08_MB Boat Ramp Repairs & Expansion Page 12 MEXICO BEACH BOAT RAMP REPAIRS & EXPANSION PROFESSIONAL REDESIGN, ENGINEERING, PERMITTING, AND BIDDING JANUARY 08, 2025 Task C = Geotechnical Services Anchor will coordinate with a State of Florida Registered Professional Geotechnical Engineer to perform borings 30 to 40 feet below the surface in the area of the proposed ramp expansion. Laboratory testing and an Engineering Evaluation and Report to provide site/soil preparation recommendations will be provided. It is important to note that four geotechnical borings at the sidewalkpromenade area were previously completed and this proposal is only for borings in the expansion area. Task D = Structural Design Services Anchor will coordinate with a State of Florida Registered Professional Structural Engineer to provide structural design of the new seawall and sidewalk, as well as structural design services for the single lane expansion design. Task E = Environmental Permitting Anchor will coordinate with a Professional Environmental Consultant to provide environmental permitting services which will include a Florida Department of Environmental Protection (FDEP) Exemption with a Federal State Programmatic General Permit (SPGP) Authorization as well as a FDEP General Permit with Federal SPGP Authorization. Task F - Final Design Anchor will provide civil construction plans and specifications for the expansion of the ramp and repair of the existing seawall and construction of the new sidewalks. This effort will include a finalized project layout, demolition plan, erosion control and Stormwater Pollution Prevention Plan (SWPPP), grading plan, and any other plans that are deemed necessary in order to successfully complete construction of this project. It is not anticipated that a stormwater design will be required and is not included in this scope of services. Ifiti is determined that a stormwater design is required by state agency review, an amendment to this scope of services will be prepared for approval of such design. Task G = Project Management Anchor will coordinate with subcontractors who will perform the surveying, geotechnical engineering, environmental permitting, and structural design. Anchor will not markup subconsultants invoices. The fee for this task covers the time for Anchor to coordinate these subcontractors, review their scope of services, schedule the work, review their reports and or designs, interpret reports, where necessary, oversee testing, and other project management tasks as appropriate. This task also includes client or agency meetings and coordination. Task H - Bidding and Procurement Anchor will assist the City in the following bidding and procurement tasks: Assisting in advertising the Bid with Panama City News Herald or any other publication that may be required by the Grant. Anchor will respond to requests for information within reason. Should requests for information require extensive services beyond what would normally be anticipated additional fees could apply. 2025-01-08_MB Boat Ramp Repairs & Expansion Page 13 MEXICO BEACH BOAT RAMP REPAIRS & EXPANSION PROFESSIONAL REDESIGN, ENGINEERING, PERMITTING, AND BIDDING JANUARY 08, 2025 Issuing addenda as necessary. Attending Bid Opening at the City Council Meeting. Reviewing bids received. Preparing Recommendation of Award for City Council approval. Preparing and coordinating the execution of the Contract Documents between the City and the awarded Contractor. Preparing a hard copy and digital copy of the Conformed/Released for Construction Plans and Specifications for the City and Contractor. Task I. Construction Adminstratoninspection Services Anchor will assist with the following items for this task: * Coordination between the selected Contractor and the City through the construction phase of the project. * Periodic inspection to include up to 8 hours of inspection per week and daily inspection reports and photos during construction to document the progress of the project and the observed construction, and a verbal description of witnessed construction tasks. * Submittal of the Certificate of Completion forms (if required) to regulatory agencies and the City. DELIVERABLES Anchor will provide the following deliverables to the City: One digital (Adobe@ PDF) copy of the preliminary drawings and specifications for review. One digital (Adobee PDF) copy of the final drawings and specifications signed and sealed by a State of Florida Registered Professional Engineer. One digital (Adobe@ PDF) copy of all Permit Approvals. Digital copies of Bid Drawings for bidding purposes. One digital (Adobe@) PDF) copy of the cost estimate. PROFESSIONAL SERVICES FEES The services listed above shall be performed for the lump sum fee of $96,590.00, as detailed below: Scope of Services Task A Preliminary Analysis and Preliminary Design $ 3,325.00 Task B Surveying Services (by others) $ 1,950.00 Task C Geotechnical Survey (by others) $ 5,000.00 Task D Structural Design Services (by others) $ 6,000.00 Task E Environmental Permitting (by others) $ 2,500.00 Task F Final Design $ 37,630.00 Task G Project Management $ 1,550.00 Task H Bidding and Procurement $ 3,135.00 2025-01-08 MB Boat Ramp Repairs & Expansion Page I 4 MEXICO BEACH BOAT RAMP REPAIRS & EXPANSION PROFESSIONAL REDESIGN, ENGINEERING, PERMITTING, AND BIDDING JANUARY 08, 2025 Task I. Construction Admin./Inspection Services $ 35,500.00 Total $ 96,590.00 EXCLUSIONS The following tasks are not included in this proposal: Any other Civil Design not detailed above, including off-site improvements (other utilities, roadway, etc.) Any other surveying not including above, including but not limited to right of way, boundary, easement dedication, vacation, etc. Dredging design or permitting for the boat basin or canal (exclusive of previously permitted maintenance dredging) City Development Order Services Permitting Application Fees, if any (application, permit, service, etc.). Landscape, irrigation, or lighting design. To execute this proposal, please sign the attached Task Order and Notice to Proceed (Attachment A). We appreciate the opportunity to be of service to the City of Mexico Beach and look forward to working with you on this important project. Anchor Consulting Engineering and Inspection, Inc. X / Elizabeth S. Moore, P.E. President ET/em Attachments Attachment A - Combined Task Order and Notice to Proceed Copy: Ms. Brittany Trumbull, PE, Vice President, Anchor Gimpudercroreicom Ms. Emily Thomasee, Project Manager, Anchor eemaseanteseicon) Ms. Mandy O'Regan, Planning Technician, Anchor moregan@anchoreicon) 2025-01-08_MB Boat Ramp Repairs & Expansion Page 15 ATTACHMENT A COMBINED TASK ORDER AND NOTICE TO PROCEED Reference is made to that certain AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES between the CITY OF MEXICO BEACH and ANCHOR CONSULTING ENGINEERING AND INSPECTION, INC. (ENGINEER OF RECORD) dated 16, 2024, (the Agreement"), the terms, conditions, and definitions of which February incorporated herein as if set forth in full. are Pursuant to the Agreement, Consultant agrees to perform the specific tasks set forth incorporated proposal letter dated January 8, 2025 relating to the project known upon as MEXICO BEACH BOAT RAMP REPAIRS & EXPANSION. Consultant's total compensation shall be a stipulated lump sum of $96,590.00 Work shall begin immediately upon receipt of the executed Task Order/Notice to Proceed. There are no additional rights and obligations related to this Task Order other than as specified in the Agreement. Upon execution of this task order by both the ENGINEER OF RECORD and the of Mexico Beach, ENGINEER OF RECORD is directed to proceed. City Parties have caused these presents to be executed in their names on the date shown. ANCHOR CONSULTING ENGINEERING AND INSPECTION, Inc. 01/09/2025 Elizabeth S. Moore, P.E., President Date CITY OF MEXICO BEACH, FLORIDA Chris Truitt, City Administrator Date MEXICO BEACH CITY OF MEXICO BEACH CITY COUNCIL For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # Meeting Date: 02-11-25 Department: Admin Consent Regular Closed Public Hearing: Yes No Agenda Agenda Session Date of Public Hearing: PRESENTER/INFORMATION CONTACT: Chris Truitt ITEM TO BE CONSIDERED Subject: Agreement for Auditing Services from James Moore Attachment(s): James Moore Audit Agreement Brief Summary: James Moore is our current financial auditor; they have brought us current with all the required audits. The next audit. For the most recent fiscal year, is due in June. James Moore would like to begin at the end of March. To ensure this happens, we need to execute a new agreement. The terms of this agreement are the same as the last agreement with the exceptions of the actual term (years ending 09/30/2024-2028). price and elimination of the renewal clause to ensure compliance with the spirit of our procurement regulations (forcing a new RFP after 2028). Action Requested: The City Council should authorize the Administrator to sign the new agreement ISSUE OVERVIEW Background Information & Issue Summary: James Moore has been conducting our delinquent audits; they are prepared to start this most recent fiscal year and continue through 2028. Financial Impacts: For the year ending: 2024 - $45,000 2026 $50,000 2028 - $55,000 2025 - $47,500 2027 $52,500 For historical reference, 2023 was $33,000 Staff FecommendatonsCommens Recommends approval of agreement JAMESMOORE December 18, 2024 To the Honorable Mayor and City Council Members, City of Mexico Beach, Florida: You have requested that we audit the financial statements oft the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of Mexico Beach, Florida (the City) as of September 30, 2024, 2025, 2026, 2027 and 2028, and for the years then ended, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. In addition, ifapplicable, we will audit the City's compliance over major federal award programs and major state projects for the years ended September 30, 2024, 2025, 2026, 2027 and 2028. We are pleased to confirm our acceptance and our understanding oft this audit engagement by means of this letter. Our audits will be conducted with the objectives of our expressing an opinion on each opinion unit and an opinion on compliance regarding the City's major federal award programs and major state projects. The objectives of our audit ofthe financial statements are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors' report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with auditing standards generally accepted in the United States of America (GAAS), and in accordance with Government Auditing Standards, and the provisions of Chapter 10.550, Rules of the State of Florida, Office of the Auditor General, will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there 1S a substantial likelihood that, individually or in the aggregate, they would influence thej judgment made by a reasonable user based on the financial statements. The objectives ofour compliance audit are to obtain sufficient appropriate audit evidence to form an opinion and report at the level specified in the governmental audit requirement about whether the City complied in all material respects with the applicable compliance requirements and identify audit and reporting requirements specified in the governmental audit requirement that are supplementary to GAAS and Government Auditing Standards if any, and perform procedures to address those requirements. Accounting principles generally accepted in the United States of America (U.S. GAAP), as promulgated by the Governmental Accounting Standards Board (GASB) require that supplementary information, such as management's discussion and analysis (MD&A) or budgetary comparison information, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the GASB, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the required supplementary, information (RSI) in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist primarily of inquiries of management regarding their methods of measurement and presentation, and comparing the information for consistency with management's responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI. The following RSI is required by U.S. GAAP. This RSI will be subjected to certain limited procedures but will not be audited: 1. Management"' S discussion and analysis 2. Budgetary comparison schedules (if presented as RSI) 3. Pension and OPEB schedules City of Mexico Beach, Florida December 18, 2024 Page 2 Supplementary information other than RSI will accompany the City's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and perform certain additional procedures, including comparing and reconciling the supplementary information to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and additional procedures in accordance with GAAS. We intend to provide an opinion on whether the following supplementary information is presented fairly in all material respects in relation to the basic financial statements as a whole: 1. Schedule of expenditures of federal awards and state financial assistance (if applicable) 2. Combining and nonmajor fund schedules (if applicable) Data Collection Form If applicable, prior to the completion of our engagement, we will complete the sections of the Data Collection Form that are our responsibility, if the Data Collection Form is applicable. The form will summarize our audit findings, amounts and conclusions. It is management's responsibility to submit a reporting package including financial statements, schedule of expenditure of federal awards, summary schedule of prior audit findings and corrective action plan along with the Data Collection Form to the federal audit clearinghouse. The financial reporting package must be text searchable, unencrypted, and unlocked. Otherwise, the reporting package will not be accepted by the federal audit clearinghouse. We will assist you in the electronic submission and certification. You may request from us copies of our report for you to include with the reporting package submitted to pass-through entities. The Data Collection Form, if applicable, is required to be submitted within the earlier of 30 days after receipt of our auditors' reports or nine months after the end of the audit period, unless specifically waived by a federal cognizant or oversight agency for audits. Data Collection Forms submitted untimely are one of the factors in assessing programs at a higher risk. Audit of the Financial Statements We will conduct our audits in accordance with GAAS and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America (ifa applicable); the audit requirements ofTitle 2U.S. Code ofFederal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, Audit Requirements for Federal Awards (Uniform Guidance) (ifapplicable); Section 215.97, Florida Statutes, Florida Single Audit Act( (if applicable), and the provisions of Chapter 10.550, Rules of the State of Florida, Office of the Auditor General (if applicable). As part of an audit of financial statements in accordance with GAAS, and in accordance with Government Auditing Standards, and the provisions of Chapter 10.550, Rules of the State of Florida, Office of the Auditor General, we exercise professional judgment and maintain professional skepticism throughout the audit. We also: Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of controls. City ofN Mexico Beach, Florida December 18, 2024 Page 3 Obtain an understanding of the system of internal control in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit ofthe financial statements that we have identified during the audit. Evaluate the appropriateness: of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. Conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for a reasonable period of time. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements may not be detected exists, even though the audit is properly planned and performed in accordance with U.S. GAAS and the standards applicable to financial audits contained in Government Auditing Standards, issued bythe Comptroller General of the United States of America, and the provisions of Chapter 10.550, Rules of the State of Florida, Office of the Auditor General. Please note that the determination of abuse 1s subjective and Govermenl.Auditing Standards does not require auditors to detect abuse. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any other periods. We will issue a written report upon completion of our audit of the City's basic financial statements. Our report will be addressed to the governing body of the City. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature ofthese circumstances, it may be necessary for us to modify our opinions, add an emphasis-of-matter or other-matter paragraph(s) to our auditors' report, or if necessary, withdraw from the engagement. If our opinions on the basic financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. In accordance with the requirements of Government Auditing Standards, we will also issue a written report describing the scope of our testing over internal control over financial reporting and over compliance with laws, regulations, and provisions of grants and contracts, including the results of that testing. However, providing an opinion on internal control and compliance over financial reporting will not be an objective oft the audit and, therefore, no such opinion will be expressed. We also will issue a written report as required by Chapter 10.550, Rules of the State of Florida, Office of the Auditor General upon completion of our audit. Significant Risks Identified We have identified the following preliminary significant risks of material misstatement as part of our audit planning, which are being communicated to comply with auditing standards and do not represent any specific finding and/ or concerns related to the audit: Override of internal controls by management City of Mexico Beach, Florida December 18, 2024 Page 4 Improper revenue recognition due to fraud Improper use of restricted resources Our final communication of significant risks identified will take place upon completion of our audit. Audit(s) of Major Program and/or Major Project Compliance If applicable, our audit(s) of the City's major federal award program(s) and/ or state project(s) compliance will be conducted in accordance with the requirements of the Single Audit Act, as amended; the Uniform Guidance; and Chapter 10.550, Rules ofthe State ofFlorida, Office ofthe Auditor General; and will include tests of accounting records, a determination of major programs and/or projects in accordance with the Uniform Guidance, Chapter 10.550, Rules ofthe State ofFlorida, Office ofthe Auditor General, and other procedures we consider necessary to enable us to express such an opinion on major federal award program and/or major state project compliance and to render the required reports. We cannot provide assurance that an unmodified opinion on compliance will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or withdraw from the engagement. The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether material noncompliance with applicable laws and regulations, the provisions of contracts and grant agreements applicable to major federal award programs, and the applicable compliance requirements occurred, whether due to fraud or error, and express an opinion on the City's compliance based on the audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk ofnot detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, mistepresentations, or the override of internal control. Noncompliance with the compliance requirements is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City's compliance with the requirements of the federal programs as a whole. Our procedures will consist of determining major federal programs and, performing the applicable procedures described in the U.S. Office ofl Management and Budget OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City's major programs, and performing such other procedures as we consider necessary in the circumstances. The purpose of those procedures will be to express an opinion on the City's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance. Also, as required by the Uniform Guidance, we will obtain an understanding of the City's internal control over compliance relevant to the audit in order to design and perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each ofthe City's major federal award programs. Our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly, no opinion will be expressed in our report. However, we will communicate to you, regarding, among other matters, the planned scope and timing oft the audit and any significant deficiencies and material weaknesses in internal control over compliance that we have identified during the audit. City of Mexico Beach, Florida December 18, 2024 Page 5 Chapter 10.550, Rules of the State of Florida, Office of the Auditor General requires that we also plan and perform the audit to obtain reasonable assurance about whether material noncompliance with applicable laws and regulations, the provisions of contracts and grant agreements applicable to major state projects, and the applicable compliance requirements occurred, whether due to fraud or error, and express an opinion on the City's compliance based on the audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and Chapter 10.550, Rules of the State of Florida, Office oft the Auditor General, will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements is considered material ifthere is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City's compliance with the: requirements of the state projects as a whole. Our procedures will consist of tests of transactions and other applicable procedures described in the State ofFlorida State Projects Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the Organization* S major state projects, and performing such other procedures as we consider necessary in the circumstances. The purpose of these procedures will be to express an opinion on the City's compliance with requirements applicable to each ofi its major state projects in our report on compliance issued pursuant to Chapter 10.550, Rules of the State of Florida, Office of the Auditor General. Also, as required by Chapter 10.550, Rules of the State of Florida, Office ofthe Auditor General, we will obtain an understanding of the City's internal control over compliance relevant to the audit in order to design and perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major state project. Our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Chapter 10.550, Rules of the State of Florida, Office of the Auditor General. However, we will communicate to you, regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we have identified during the audit. As part of a compliance audit in accordance with GAAS, and in accordance with Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. We will issue a report on compliance that will include an opinion or disclaimer of opinion regarding the City's major federal award programs and/or major state projects, and a report on internal controls over compliance that will report any significant deficiencies and material weaknesses identified; however, such report will not express an opinion on internal control. Management's Responsibilities Our audit will be conducted on the basis that management acknowledge and understand that they have responsibility: 1. For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; 2. For the design, implementation, and maintenance of the system of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; City of Mexico Beach, Florida December 18, 2024 Page 6 3. For identifying, in its accounts, all federal awards received and state financial assistance expended during the period and the federal programs under which they were received; 4. For maintaining records that adequately identify the source and application of funds for federally funded activities; 5. For preparing the schedule of expenditures of federal awards and/or state financial assistance (including notes and noncash assistance received) in accordance with the Uniform Guidance (if applicable) and Chapter 10.550, Rules of the State of Florida, Office of the Auditor General requirements (if applicable); 6. For the design, implementation, and maintenance of internal control over federal awards, state financial assistance, and compliance; 7. For establishing and maintaining effective internal control over federal awards and state financial assistance that provides reasonable assurance that the City is managing federal awards and state projects in compliance with federal and state statutes, regulations, and the terms and conditions of the federal awards and state financial assistance; 8. Fori identifying and ensuring that the City complies with federal laws and state statutes, regulations, and the terms and conditions of federal award programs and state financial assistance projects and implementing systems designed to achieve compliance with applicable federal and state statutes, regulations, rules, provisions of contracts or grant agreements, and the terms and conditions of federal award programs and state financial assistance projects; 9. For disclosing accurately, currently, and completely the financial results of each federal award and major state project in accordance with the requirements ofthe award; 10. For identifying and providing report copies of previous audits, attestation engagements, or other studies that directly relate to the objectives ofthe audit, including whether related recommendations have been implemented; 11. For taking prompt action when instances of noncompliance are identified; 12. For addressing the findings and recommendations of auditors, for establishing and maintaining a process to track the status of such findings and recommendations and taking corrective action on reported audit findings from prior periods and preparing a summary schedule of prior audit findings; 13. For following up and taking corrective action on current year audit findings and preparing a corrective action plan for such findings; 14. For submitting the reporting package and data collection form to the appropriate parties; 15. For making the auditor aware of any significant contractor relationships where the contractor is responsible for program compliance; 16. To provide us with: a. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements, including the disclosures, and relevant to federal award programs and state financial assistance projects, such as records, documentation, and other matters; b. Additional information that we may request from management for the purpose ofthe audit; C. Unrestricted access to persons within the City and others from whom we determine it necessary to obtain audit evidence. d. A written acknowledgement of all the documents that management expects to issue that will be included in the annual report and the planned timing and method ofi issuance ofthat annual report; and e. A final version of the annual report (including all the documents that, together, comprise the annual report) in a timely manner prior to the date ofthe auditors' report 17. For adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any unçorrected misstatements aggregated by us during the current engagement and pertaining to the current year period(s) under audit are immaterial, both individually and in the aggregate, to the financial statements as a whole; 18. For acceptance of nonattest services, including identifying the proper party to oversee nonattest work; City ofMexico Beach, Florida December 18, 2024 Page 7 19. For maintaining adequate records, selecting and applying accounting principles, and safeguarding assets; 20. For informing us of any known or suspected fraud affecting the City involving management, employees with significant role in the system ofi internal control and others where fraud could have a material effect on compliance; 21. For the accuracy and completeness of all information provided; 22. For taking reasonable measures to safeguard protected personally identifiable and other sensitive information; 23. For confirming your understanding of your responsibilities as defined in this letter to us in your management representation letter; and 24. For identifying and ensuring that the City complies with applicable laws, regulations, contracts, agreements, and grants. 25. Additionally, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review on the first day of fieldwork. With regard to the supplementary information referred to above, you acknowledge and understand your responsibility (a) for the preparation of the supplementary information in accordance with the applicable criteria, (b) to provide us with the appropriate written representations regarding supplementary information, (c) to include our report on the supplementary information in any document that contains the supplementary information and that indicates that we have reported on such supplementary information, and (d) to present the supplementary information with the audited financial statements, or if the supplementary information will not be presented with the audited financial statements, to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance by you ofthe supplementary information and our report thereon. As part of our audit process, we will request from management written confirmation concerning representations made to us in connection with the audit. Additional Examination Engagements You have requested that we examine the City's compliance for the fiscal years ended September 30, 2024, 2025, 2026, 2027 and 2028, with the following statutes (collectively, "the Statutes"): Section 218.415, Florida Statutes, Local Govermment Investment Policies We are pleased to confirm our acceptance and our understanding of this direct examination engagement by means ofthis letter. Our examination will be conducted with the objective ofobtaining reasonable assurance by evaluating whether the City complied in all material respects with the Statutes and performing other procedures to obtain sufficient appropriate evidence to express an opinion in a written practitioner's report that conveys the results of our evaluation. Practitioner Responsibilities We will conduct our examination in accordance with the attestation standards established by the AICPA. An examination involves performing procedures to obtain attest evidence about whether the City complied with the Statutes, in all material respects. An examination involves performing procedures to obtain evidence about the City's compliance with the Statutes. The nature, timing, and extent of procedures selected depend on the practitioner's judgment, including the assessment of the risks of material misstatement of the underlying subject matter, whether due to fraud or error. City of Mexico Beach, Florida December 18, 2024 Page 8 Because oft the inherent limitations ofan examination engagement, together with the inherent limitations of internal control, an unavoidable risk exists that some material misstatements may not be detected, even though the examination is properly planned and performed in accordance with the attestation standards. However, we will inform you of any material noncompliance with laws or regulations, uncorrected misstatements, fraud, and when relevant to the underlying subject matter or subject matter information, internal control deficiencies that comes to our attention, unless clearly inconsequential. Management Responsibilities Our examination will be conducted on the basis that management and, when appropriate, those charged with governance, acknowledge and understand that they have responsibility: 1. For ensuring the City complies with the Statutes; 2. For the design, implementation, and maintenance of internal control to prevent, or detect and correct, misstatement of or noncompliance with the Statutes, due to fraud or error; 3. For selecting the criteria for the evaluation of the City's compliance with the Statutes; 4. Determining that such criteria are suitable, will be available to the intended users, and are appropriate for the purpose of the engagement; and 5. To provide us with: a. Access to all information of which management is aware that is relevant to compliance with the Statutes, such as records, documentation, and other matters and that you are responsible for the accuracy and completeness of that information; b. Additional information that we may request from management for the purpose of the examination; and C. Unrestricted access to persons within the City from whom we determine it necessary to obtain attest evidence. As part of our examination process, we will request from you written confirmation concerning representations made to us in connection with the examination. Reporting We will issue a written report upon completion of our examination of the City's compliance with the Statutes. Our report will be addressed to the governing body. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion, add an emphasis-of-matter or other-matter paragraph(s), or withdraw from the engagement. City of Mexico Beach, Florida December 18, 2024 Page 9 Nonattest Services We will perform the following nonattest services: Preparation of financial statements, Schedule of Expenditures of Federal Awards and State Financial Assistance (if applicable), Data Collection Form (if applicable), depreciation schedules (if requested), Annual Financial Report (if requested), and assistance with cash to accrual adjustments and year-end adjustments (if requested). With respect to any nonattest services we perform, we will not assume management responsibilities on behalf of the City. However, we will provide advice and recommendations to assist management of the City in performing its responsibilities. The City's management is responsible for (a) making all management decisions and performing all management functions; (b) assigning a competent individual (Chris Truitt, City Administrator and CRI Contracted Accountant) to oversee the services; (c) evaluating the adequacy of the services performed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) designing, establishing, and maintaining the system ofi internal control, including the process used to monitor the system of internal control. Our responsibilities and limitations of the engagement are as follows. We will perform the services in accordance with applicable professional standards. This engagement is limited to the services previously outlined. Our firm, in its sole professional judgment, reserves the right to refuse to do any procedure or take any action that could be construed as making management decisions or assuming management responsibilities, including determining account coding and approving. journal entries. Our firm may advise the City with regard to different matters, but the City must make all decisions with regard to those matters. Any nonattest services performed by us do not constitute an audit performed in accordance with Government. Auditing Standards. Engagement Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents or support for any other transactions we select for testing. We do not host, are not the custodian of, and accept no responsibility for your financial and non-financial data. You acknowledge that you have sole responsibility for the storage and preservation of your financial and non-financial data. During the course of the audit, we may observe opportunities for economy in, or improved controls over, your operations. We will bring such matters to the attention of the appropriate level of management, either orally or in writing. You agree to inform us of facts that may affect the financial statements of which you may become aware during the period from the date oft the auditors' report to the date the financial statements are issued. Zach Chalifour is the service leader for the audit services specified in this letter. The service leader's responsibilities include supervising the services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the reports. City of Mexico Beach, Florida December 18, 2024 Page 10 Our fees for the audit of the financial statements and related services, including expenses, for each of the fiscal years included in this engagement are as follows: Single Audit Per Major Depreciation Year Ending Program (if AFR Schedules September 30, Audit Fee requested) (if requested) (if requested) 2024 $45,000 $4,000 $2,000 $3,000 2025 $47,500 $4,250 $2,125 $3,000 2026 $50,000 $4,500 $2,250 $3,000 2027 $52,500 $4,750 $2,375 $3,000 2028 $55,000 $5,000 $2,500 $3,000 Our ability to provide services in accordance with our estimated fees depends on the quality, timeliness, and accuracy ofthe City's records, and, for example, the number of general ledger adjustments required as a result of our work. We will also need your personnel to be readily available during the engagement to respond in a timely manner to our requests. Lack of preparation, poor records, general ledger adjustments and/or untimely assistance may result in an increase of our fees. We will not increase the fee over the agreed amount as long as the scope of the audit is consistent with the scope outlined in the Request for Proposal. The City is not completely in control of the scope of work for future years. Significant required changes may be mandated by federal, state, other regulatory agencies or accounting and auditing standards boards or by significant staff changes within the City. For these reasons, if the scope of the audit changes significantly from the scope outlined in the RFP, we would present for approval, prior to commencing work, why an adjustment in fee is warranted. This engagement may be terminated by either party for noncompliance with the terms as noted in this engagement letter. The parties will provide 60 days' notice oftheir intention to terminate the engagement. At the conclusion of our audit engagement, we will communicate to those charged with governance the following significant findings from the audit: Our view about the qualitative aspects ofthe City's significant accounting practices; Significant difficulties, ifany, encountered during the audit; Uncorrected misstatements, other than those we believe are trivial, if any; Disagreements with management, if any; Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to those charged with governance regarding their oversight ofthe financial reporting process; Material, corrected misstatements that were brought to the attention of management as a result of our audit procedures; Representations we requested from management; Management's S consultations with other accountants, if any; and Significant issues, if any, arising from the audit that were discussed, or the subject of correspondence, with management. In accordance with the requirements of Government Auditing Standards, we have attached a copy of our latest external peer review report of our firm for your consideration and files. The audit documentation for this engagement is the property of James Moore & Co., P.L. and constitutes confidential information. However, we may be requested to make certain audit documentation available to a grantor or their designee, a federal or state agency providing direct or indirect funding, or the U.S. City of Mexico Beach, Florida December 18, 2024 Page 11 Government Accountability Office pursuant to authority given to it by laws or regulation, or to Ifrequested, access to such audit documentation will be provided under the supervision of James peer Moore reviews. Co., P.L. personnel. We will notify you of any such request. Furthermore, & copies of selected audit documentation to these agencies and regulators. The upon request, we may provide and intend, or decide, to distribute the copies or information contained therein regulators to others, including agencies other may governmental agencies. In the normal course ofbusiness, we use the services of third-parties and individual not employees of. James Moore & Co., P.L. Those services are performed at various contractors, levels and which are aspects our engagements including bookkeeping, tax return in various services and clerical and data entry functions. It is possible preparation, that consulting, audit and other attest may utilize such third-party and individual contractor during the course of the engagement we sources. Additionally, the necessity, require us to handle confidential information and we expects engagement will, of individual contractors to maintain the confidentiality of such information. third-party To service providers and unauthorized release of confidential client information does not be reasonably assured that third-party service providers to enter into a written agreement to occur, maintain we require the those individuals and information. Your acceptance of this arrangement acknowledges and confidentiality of such information including access by third-party and individual service accepts our handling of confidential providers. This engagement letter includes the attached James Moore & Co., P.L. Standard Terms and Attachment A which is incorporated and made a part ofthis engagement letter by reference. Conditions as We appreciate the opportunity to be of service to the City of Mexico Beach, Florida and believe this letter accurately summarizes the significant terms of our engagement. If you have know. If you agree with the terms of our engagement as described in this letter, any questions, please let us copy and return it to us. please sign the enclosed Very truly yours, mée Wopu : / 6.,2.1. JAMES MOORE & CO., P.L. RESPONSE: This letter correctly sets forth the understanding of the City of Mexico Beach, Florida. By Title Date MEXICO BEACH o City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # aE Meeting Date: 2-11-25 Department: Admin Consent Closed Public Hearing: Yes 3 No Agenda Agenda Regular Session Date of Public Hearing: RESENERINFORMATION CONTACT: Chris Truitt ITEM TO BE CONSIDERED Subject: New Copy Equipment Lease Attachment(s): Dex Imaging Lease Brief Summary: We currently only have one copier/printer for City Hall use. Utility billing ties up that printer for a full business day. We do not have a secondary or backup copier/printer should our main unit have issues. We've determined that adding a second unit will run $89.20 per month or $1070.40 per year. This cost will be split between water and sewer under other current charges' for this fiscal and will be included in rentals & leases for next fiscal. The total lease is $29.316.48 for the total four-year lease term, requiring Council approval. Action Requested: The City Council should authorize the Administrator to sign the new lease. ISSUE OVERVIEW Background Information & Issue Summary: Our copier lease was signed in 2019 and amended in 2020. We currently have one at Public Works, one at Police, and one at City Hall. Due to the needs of utility billing and for the sake of having a backup, a second unit is needed at City Hall. The current lease is $521.56 per month and the new lease will be $610.76 per month. Financial Impacts: $44.60 monthly/S535.20 annually in unbudgeted expenditures for both water and sewer. Staff ecommeruatonsCommens Approve the purchase. DEX imaging Company Information City of Mexico Beach Bill To Address PO Box 13425 Mexico Beach, FL 32410 Contacts Dex Imaging Sales Representative Name: Todd Deveney Phone: (850) 863-2515 Email: todd.deveney@deximaging.com A/P Contact Name: Accounts Payable Phone: 850-248-8140 Fax: Email: accountspayabie@baycountyl.gov 1 SALES ORDER / SERVICE AGREEMENT DEX imaging INSTALLATION for City of Mexico Beach Standard Site survey by DEX personnel Equipment delivered, preloaded and connected to customer network Training via DEX YouTube channel White Glove $350 per device to be added to first invoice Site survey by DEX personnel Equipment delivered, preloaded and fully network integrated Hands on installation of required drivers and utilities Customization and testing of desired functionality with customer stakeholders Assistance with configuration of servers and infrastructure Customization of device or driver settings specific to customer workflow requirements Testing of the desired workflow and actively troubleshooting any workflow or integration challenges Training done by DEX personnel NOTE : White Glove option does not apply to production units THIS ORDERI ISSUBJECT TOT THE TERMSA ANDO CONDITIONSA APPEARING HEREONA AND ONT THEF REVERSE SIDE HEREOF, AND BUYER AGREES TOBEB BOUNDT THEREBY. NON MODIFICATIONS ORA ADDITIONS THERETO SHALL BEE BINDING UPON SELLER UNLESSE EXPRESS SL CONSENTEDT TOINV WRITINGE BY AN OFFICER OFT THE CORPORATION. CREDIT WILLI NOTE BE ISSUED ONF RETURNEDS SUPPLES OFA ANY OPENPACKAGES. ALL ORDERSA ARES SUBJECTI TOFINALA ACCEPTANCE BY DEXI IMAGINGUIC TERMSA ANDO CONDITIONSO ONT THEF FOLLOWINGI PAGES AREA ANI INTEGRALI PART OF1 THISC CONTRACT. DN-16891 2 Initials: DE imaging Sales Order / Service Agreement Equipment Delivery Location City of Mexico Beach Equip. Contact: Julie Danaher 201 Paradise Path Phone:850-648-5700 x7 Mexico Beach, FL 32456 Emalsdanaher@mexicobeachgov.com Base: 0/Overages: ( BW BW Color ESP Quantity BWW Base Copies Overage Color Rate Make/Model Base Copies Overage Included Rate Included Yes 1 CPP Service $0.00 0.0086 $0.00 0 0.05 1 Konica bizhub C250i A3 Yes 25ppm Color MFP+ DF-714 1 RU-513 Relay Yes Unit 1 PK-524 Punch Yes Kit For FS-539 1 PC-216 2- Way Ppr Feed Yes Cabinet -2 x 500-Sheet Univ Tray- 1 FS-539 Finisher -50 Yes Sheets- plus manual Stplr 1 FK-514 FAX Yes KIT -1ST & 2ND LINE- Included: Parts, labor and supplies with exception of paper products, staples and freight THIS TESS NOMODFICATONSORZ ADDITIONST THERETOSHALL BINDING UPONS SELLERU UNLESS CONSENTED EEDE TOI INV WRITING ANO OFFICER OFT THE CORPORATION. CREDIT WILL NOT ISSUEDO ON RETURNEDS ESS SUPPLIES ANY OPENF PACKAGES. ALL ORDERS ARE SUBJECT BF FINAL ACCEPTANCE BY DEXI IMAGING, EXPRESSLY INC. Special Instructions For This Location: Please deliver as soon as possible TERMS AND CONDITIONS ON1 THE FOLLOWING PAGES ARE ANI INTEGRAL PART OF1 THIS CONTRACT. DN-16891 3 D imaging Sales Order / Service Agreement Equipment Delivery Location City of Mexico Beach Equip. Contact: Julie Danaher 201 Paradise Path Phone:850-648-5700 x7 Mexico Beach, FL 32456 Emalidanaher@mexicobeachgov.com Base: 0/Overages: 0 BW BW Color ESP Quantity B/W Base Copies Overage Color Make/Model Base Copies Overage Rate Included Rate Included Yes 1 CPP Service $0.00 0 0.01 $0.00 0 0.07 1 Konica bizhub C3321i A4 Yes 35ppm Color MFP 1 FK-517 Fax Yes Kit 1 110V/15 AMP Network Yes Surge Protector Included: Parts, labor and supplies with exception of paper products, staples and freight THIS ORDERI ISS SUBJECTTOTHET TERMS SSCATSEHETZ ANDELVERAGREEST BOUNDTHEREBY. SAEACRASTXT BINDING CONSENTED TOI INWRITING BY ANC OFFICERC OF THE CORPORATION. CREDIT WILL NOTE BE ISSUED ONF OEIE SUPPLIES OF ANY OPEN PACKAGES. ALL ORDERS THERETOSHALLE ARE SUBJECT BE TOF FINAL ACCEPTANCE UPONS SELLERU BY UNLESSE DEX IMAGING, EXPRESSLY INC. Special Instructions For This Location: Please deliver as soon as possible TERMS AND CONDITIONS ONT THE FOLLOWING PAGES ARE ANI INTEGRAL PART OF1 THIS CONTRACT. DN-16891 4 DEX imaging Sales Order / Service Agreement Equipment Delivery Location City of Mexico Beach Equip. Contact: Julie Danaher 201 Paradise Path Phone:850-648-5700 x7 Mexico Beach, FL 32456 Emalsdanaher@mextcobeachgov.com Base: 0/Overages: 0 BW BW Color ESP Quantity BWW Base Copies Overage Color Rate Make/Model Base Copies Overage Included Rate Included Yes 1 CPP Service $0.00 U 0.0079 $0.00 0 0.049 1 Konica bizhub C450i A3 Yes 45ppm Color MFP 1 RU-513 Relay Yes Unit 1 PK-524 Punch Yes Kit For FS-539 1 PC-416 Large Capacity Cassette Yes 2,500 Sheets/Letter Size Only- 1 FS-539 Finisher -50 Yes Sheets- plus manual Stplr 1 FK-514 FAX Yes KIT -1ST & 2ND LINE- Included: Parts, labor and supplies with exception of paper products, staples and freight THIS ORDERESURECTTOTHET TERMSANDO CONDITIONS ATTACHEDHERETO ANDBUYERA AGREEST TOBEE BOUNDT THEREBY. NON MODFICATIONSORA ADDITIONS CONSENTED TOI INV WRITINGE BY ANOFFICER OF THE CORPORATION. CREDITY WILL NOT BEI ISSUED ON RETURNED SUPPLIES OF ANY OPEN PACKAGES. ALL ORDERS GERTE SUBJECT TOF BEE FINAL BINDING ACCEPTANCE UPONS SELLERUNLESSE BY DEX IMAGING, EXPRESSLY INC. Special Instructions For This Location: Please deliver as soon as possible TERMS AND CO N NI DI ITIONS ONT THE FOLLOWING PAGES ARE ANI INTEGRAL PART OF THIS CONTRACT. DN-16891 5 DEX Sales Order / Service Agreement imaging Equipment Delivery Location City of Mexico Beach Equip. Contact: Julie Danaher 201 Paradise Path Phone:850-548-5700 x7 Mexico Beach, FL 32456 Emalidanaher@mexicobeachgov.com Base: 0/Overages: 0 BW BW Color Color ESP Quantity Make/Model B Base Copies Overage Base Copies Overage Rate Included Rate Included Yes 1 CPP Service $0.00 0 0.0079 $0.00 0 0.049 1 Konica bizhub C450i A3 Yes 45ppm Color MFP 1 RU-513 Relay Yes Unit 1 PK-524 Punch Yes Kit For FS-539 1 PC-416 Large Capacity Cassette Yes 2,500 Sheets/Letter Size Only- 1 FS-539 Finisher -50 Yes Sheets- plus manual Stplr 1 FK-514 FAX Yes KIT -1ST & 2ND LINE- Included: Parts, labor and supplies with exception of paper products, staples and freight THIS ORDERESSURIECTIOT THETERMS ANDCONDITIONSA ATTACHEDHERETO ANDBUYERA AGREEST TOBEE BOUNDT THEREBY. NOMOFICATONSORA ADDITIONS BINDING UPONS SELLERUNLESSE CONSENTED TOI INI WRITINGE BY AN OFFICER OF THE CORPORATION. CREDITY WILL NOT BE ISSUED ONF RETURNEDS SUPPLIES OF ANY OPEN PACKAGES. ALL ORDERS TETES ARES SUBJECT ACCEPTANCE BY DEXI IMAGING, EXPRESSLY INC. Special Instructions For This Location: Please deliver as soon as possible TERMS AND CONDITIONS ONT THE FOLLOWING PAGES ARE AN INTEGRAL PART OF THIS CONTRACT. DN-16891 6 DEX MFD (Multi-Function Device) Connectivity Support Agreement (MFD CSA) DEX Imaging provides a Network Connectivity Support program to cover additional services not included in your Equipment Service Agreement. Today's MFD technology is complex. Loss of functionality can cause downtime. Examples of this are below but not limited to: Change of technology Authentication changes Software changes Antivirus software updates Infrastructure changes Firewall updates Operating system updates Internet service provider changes Connectivity Support Agreement Details: Coverage Charges Remote Support for Multi-Function Device(s) 1-5 Devices -> $15/Device/Month Unlimited Helpdesk Support 6-25 Devices -> S12/Device/Month Hours of coverage 8:00 AM to 7:00 PM (M-F) 26-50 Devices -> $10/Device/Month 51+ Devices -> $8/Device/Month Example of Support Functions Covered Under this Contract: Print/Scan Troubleshooting Network issues/Key-Op 1. Installing & updating the device print 2. Troubleshooting & resolving copy & print drivers on the customers PC/Laptop & issues related to the device Macs 3. Installing PC fax device drivers & 4. Troubleshooting & reconfiguring device troubleshooting fax related issues network settings due to networking infrastructure changes such as Internet Service provider change or new router 5. Enabling & configuring any type of 6. Key-Op training the end users on basic & account or job codes & installing the advanced functionality of device features management software 7. Quick & secure remote desktop phone 8. YouTube channel for easy access to support for PC/Mac procedures & PDF documentation available to be emailed upon request 1. Confguring/resolving issues with scan to email/folder on PC's or Mac Accept MFD CSA for ALL machines under DEX ESP:No If this Connectivity Support Agreement is DECLINED, it is understood that ANY support not related to the mechanical function of the device will be charged at DEX Imaging's Published rates. Address: PO Box 13425 City: Mexico Beach State: FL Zip: 32410 Phone Number: 850-648-5700 Email: amn-éastaayewn Name: Title: Signature: Date: DN-16891 7 DEX imaging EQUIPMENT SERVICE AGREEMENT TERMS AND CONDITIONS SCOPE OF COVERAGE EQUIPMENT REPLACEMENT This Agreement covers both labor andr material for adjustments, repairs, and DEX imaging. LLC, at its sole discretion, reserves the right to replace any equipment replacement ofp parts as necessitated by normal use of the equipmente exceptf for covered by this Agreementy witha a comparable or appropriate model. Additional normal keyo operatorn responsibilities and others as herein provided. Damage to the equipment suppliedt by DEX imaging. LLC will be govemed by the contract type as equipment and/ori its parts arisingf fromr misuse, abuse, negligence, or causes delineated below. beyondDEXI imaging, LLC's control (includinga acts of Godo or natural disasters)i is not covered. Ina addition, DEX imaging. LLCr mayt terminate this Agreementi int the CONTRACT TYPES eventt thatt the equipmenti is modified, damaged, altered, or servicedt by personnel COPIER Service and Supplies other thant those employedo or authorizedt by DEXI imaging. LLC, orifp parts, PREMIER Service and Suppliest fore existing Customer devices. Replacement units accessories, or components not authorized by DEXI imaging. LLC are fitted tot the supplied at the Customere expense. equipment. PLATINUM Service ands Supplies for existing Customer devices as well as newly refurbished DEXI imaging, LLCprovided devices. Additional devices andr replacement DEXI Industry! Best devices not deemedt tol be at end oflife require a minimum number of prints in addition Guaranteed 41 Hour Response Time to the originally contracted! base. DEXI imaging. LLC supplied equipment will be added pert the followings schedule: BUSINESS HOURS FOR SERVICE BW Speed Minimum Prints Color Speed Minimum Prints Maintenance services shallbe provided hereunder only during DEX imaging, LLC 11 to 22F PPM 1,000 Month 10. - 30F PPM 250/Month normal business hours, which shall consist of8 8:00 AM to 5:00 PM, Monday! through 231 to 50F PPM 2,000 Month Over 30 PPM 500 Month Friday, exclusive of DEX imaging. LLC holidays and subjectt to changet byi DEX Over 50 PPM 5,000 Month imaging. LLC. EXTENT OF LABOR SERVICES, REPAIR, ANDI REPLACEMENTI PARTS PLATINUM+ Customer devices Service as well ands as Supplies new DEX utilizing OEM toner provided and parts for existing Labor performedo during a service calli includes lubrication ando cleaningo oft the PLATNUMPLATNUME Contracts Only: LLC devices. DEXI LLC equipmenta andt the adjustments, repair, or replacement of parts. Allp parts necessary deliveredb by imaging. LEE tother normal operation oft thee equipmentv willl bef furnishedf free of charge. Int the imaging. remains thep LLC, property deemed of to DEXI have imaging. reachedt LLC. the Any end printer ofi its useful removed life, will froms be servicet by DEX with a eventt thatt thee equipmentis isi interfaced toa a computero or computer network, this modelofe equal or greater value. replaced Agreement covers onlyt the labor, parts, software, and updatest thata are provided by Upon termination oft this Agreement, printers owned by DEX imaging, LLCI must be thee equipmentr manufacturer which are necessary toi interface the connected purchased by Customer within thirty (30) days at a agreed upon price or product. Wea aren not responsiblef fory your network. Itis agreedt thati ifour support Customer must delivert thee equipment! to DEX mutuallya LLCing good condition technician cand connectal laptop computer directly tot the equipment andp printat test toak location designated by DEXI imaging. LLCV imaging. withins sixty (60) days. Any printers andr repair page, then the network communication functions oft the equipment are considered owned by DEX imaging. LLC which are notr returned willl be billed tot the customer at operational. Any other network support toi includer re-estabishingy your network replacement value. seltings andlor connections after you havel had computer work done or changed ISP's willt be charged at prevailing m rates. POWER REQUIREMENTS TERM Equipment under this Agreement must have DEXI imaging, LLC approved surge This Agreement shall become effective upon receipta anda acceptance by DEX equipmentr protector/powert manufacturer. fiter. Customer Customer agreest understandst top providet thats the power service recommended! or byt the as a imaging. LLC ands shall continue for4 48 months, following date off firsti invoice. It shall result ofi improper power, telephone lines, or computer cablingr not parts required by be automatically renewed for successive one year periods imaging. LLCC or an authorized agent of DEX imaging. LLC may not supplied be coveredi DEX under this Agreement. AUTOMATICI RENEWAL This Agreementi is subject to annuali increase during the initialt term ands shal! be automatically renewed upont thee expiration oft thei initialt term WAIVER OF JURY TRIAL fors successive renewalt terms. Inn no case will ther renewalc or annuali increase exceed CUSTOMERI HEREBY EXPRESSLY Y WAIVES TRIAL BY. JURY AS TOA a1 14% price increase over thep prior period. ISSUES ARISING OUT OF, ORI IN ANY WAY RELATED TO THIS EQUIPMENT ANY AND ALL ORDER. TERMINATION The Initial Term oft this Agreement shall be as setf forth above. Int the eventt that DEX imaging, LLCI terminates this Agreement due to uncured Customer BREACH OR DEFAULT breach, orift the Customer electst to terminate Maintenance prior tot thee expirationo of Ifthe Customer does notp pay allo forr maintenance. parts, or thel Initial Term, or any subsequent Renewal Term, without cause, Customer willb be provided hereunder, promptlyy whend chargesf due, or removes or disables Patrol supplies as responsible for the paymento ofe early termination charges which shall bec calculated Appliances: (1)DEX LLCr may (a) refuse tos service thee equipment, Monitoring furnish as the average oft thet three (3)r mostr recent billing periods, totalb billing multiplied by service on a C.O.D. "per basis atp publishedr rates, ori invoice the (b) ther number of months remaining the Term customer fore early E in unexpired Initial or Renewal Term. termination chargesi ina accordance witht thet termination paragraph, and (2)t the CUSTOMER METER READING AND REPORTING OBLIGATIONS maximum Customer agreest attomey's top pay! fees DEXI permittedby imaging, LLC law. cost ande expense of collecting including the Customera agreestop provide DEX IMAGING, LLCV witha accurate andt timely meter readings at the end ofe eacha applicable billing periodt throught the use ofa DEX Ifthe equipment is movedt to ar new service zone, DEX imaging, LLC shall have the IMAGING, LLCP provided DCA(Data Collection Agent)d duringt the Initial Term anda all option to charge. and the Customer agrees top pay, the difference inp published subsequent Renewal Terms. Mal DEX IMAGING, LLCF PatrolE Box is installed, itr must maintenance charges between currentz zone andi newz zone, assessed on ap ber returned upont termination oft this Agreement or the Customery willb be billed basis. Ife equipmentis is moved! beyond! DEX LLC's service zone. pror rata $150.00. If DEX IMAGING, LLCF Patrol Wi-Fi units are deployed, they must! be agrees top payaf fair andr reasonable upc charge imaging. for continued service under Customer returned upon termination oft this Agreement or Customer willl Ibet billed $50 per unit. Agreement, takingi into account thec distancet to Customer's newl location and this IfCustomero doesr nota allow the use ofal DEX provided! DCA, orift the DEX provided imaging. LLCP published rates for service on a" "per call" basis. DEX DCAC cannot detecta ar meter, then Customeri is responsible fort ther manual reporting ofn meters on a timely! basis. For each non-reported unit, a nominal charge will be NO WARRANTY added or DEXMPS will dispatch a representative tos secure allr meters ata ai rate of Other than the obligations setf forth herein, DEXI imaging, LLC DISCLAIMS ALL $120 per hour. WARRANTIES. EXPRESS ORI IMPLIED, INCLUDING ANY IMPLIED WARRANTIES ORN MERCHANTABILITY. FITNESSF ORF FITNESS CHARGES FORUSE, FORAPARTICULAR PURPOSE. DEXI imaging. LLCS SHALLI NOTE BE RESPONSIBLE FOR DIRECT, The charge forr maintenance under this Agreement shall! be thea amount setf forth on INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDINGI BUT NOTI LIMITED TO, ther reverse sidel hereof. The chargey with respectt to any 12-month Renewal Term will DAMAGES ARISING OUT OF THE USE ORI PERFORMANCE OF THE EQUIPMENT be the charge ine effect att the time ofr renewal. Customer agrees to payt thet total of all OR THE LOSS OF THE EQUIPMENT. charges for maintenance during the Term anda any Renewall Term within fifteen (15) days of the date ofi invoice date fors such charges. Ad copy/printi is CONSUMABLES 8.5"x1 11". DEXI imaging. LLCr reserves ther rightt to adda a fuel surcharge of$10 per Toner cartridges willl be shipped via electronic alerts DEX IMAGING, month per deviceit ifthe average costp per gallon of regular gas exceeds $4.00. LLC. approved ManagedF Print System. Manual orders generated! cant bep placed bya fora any units that dor not reporty viat the DEXI IMAGING, LLC. approved Af CUSTOMER CHANGES charge, ina accordance withr market conditions, willl bea Managed added tot Print the peri System. impression freight: rates Any Customer changes, alterations, attachments, or print coveragei ine excess of8 8% showno on the front of this agreement. Inac cost peri impression contract, all unused may require a changei int the charges setf forth herein. DEXI imaging, LLC also consumable items remaint the property of DEX. At contract all reservest the rightt tot terminatet this Agreement int the event thatit its shall determine that consumable items, toner cartridges, developer, drums, etc. lermination, must be unused returned such changes, alterations. or attachments makei iti impractical for DEXI imaging. LLC to DEXI IMAGING, LLC. promptly too continuet to service the Equipment. Customer must advise DEXI imaging. LLCof anye equipmentr movements notp performedb by DEX imaging, LLCV viat thep portal at MISCELLANEOUS www. deximaging.c .com. Thisc can be completed! by selecting machine movement This Agreement shallt be governed! by construed the laws found withint the service dropdown located on thes site. ofF Florida andi is applicable to agreements and wholly negotiated, accordingt executed, to and of performed the State int the State. It constitutes the entire Agreement betweent the parties and ADDITIONAL EQUIPMENT modified excepti inv writing. signedb by duly authorized officers of DEX may notbe LLC. Any equipmente addedi by Customer, subsequent tot the commencement oft this imaging. Agreement, will be added at the discretion of DEXI imaging. LLC. DN-16891 8 initials: DEX imaging APPROVALS Special Instructions DEX Imaging, LLC Sales Associate Name: Todd Deveney Date: 1/23/2025 Approvals I have read and agree to all terms and conditions contained in this 9 page document. DEX Imaging, LLC. City of Mexico Beach DEX Imaging, LLC. Authorized Representative Customer's Authorized Representative Name: Name: Date: Title: Date: DN-16891 9 MASTER AGREEMENT DEX imaging AGREEMENT NO: CUSTOMER ("YOU" OR"YOUR") FULLI LEGAL NAME: City of Mexico Beach FEDERAL TAX ID#: 59-1220917 ADDRESS: PO Box 13425 Mexico Beach FL 32410 EQUIPMENT AND PAYMENT TERMS TYPE, MAKE, MODEL NUMBER, SERIAL NUMBER, AND INCLUDED ACCESSORIES SEE ATTACHED SCHEDULE 1 Konica Minolta Bizhub C250i 1 Konica Minolta C3321i 2 Konica Minolta C450i EQUIPMENTLOCATION: 201 Paradise Path Mexico Beach, FL: 32456 TERMI INI MONTHS: 48 MONTHLY PAYMENT AMOUNT": $610.76 ("PLUS TAX) SECURITY DEPOSIT: END OF TERMI PURCHASE OPTION INDICATE PURCHASE OPTION - IF NO PO IS INDICATED OR IF MORE THAN ONE IS INDICATED, YOUR PURCHASE OPTION WILLI BE FAIR MARKET VALUE. PURCHASE OPTION (FAIR MARKETI VALUE (FMV) OR $1.00 ($1) FMV CONTRACT THIS AGREEMENT IS NON-CANCELABLE AND IRREVOCABLE. IT CANNOT BE TERMINATED. PLEASE READ CAREFULLY BEFORE SIGNING. YOU AGREE THAT THIS AGREEMENT AND ANY CLAIM RELATED' TO THIS AGREEMENT SHALL BE GOVERNED BY1 THE INTERNAL LAWS OF THE STATE IN WHICH OUR (OR, IF WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE'S) PRINCIPAL PLACE OF BUSINESS IS LOCATED AND ANY DISPUTE CONCERNING THIS AGREEMENT WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN SUCH STATE. YOU HEREBY CONSENT TOI PERSONAL JURISDICTION AND VENUE IN SUCH COURTS AND WAMVE TRANSFER OF VENUE. EACH PARTY WAIVES ANY RIGHT TO A. JURY1 TRIAL. CUSTOMER'S AVTHORZEDSICNATURE BY SIGNING THIS PAGE, YOU REPRESENT TO US THAT YOU HAVE RECEIVED AND READ THE ADDITIONAL TERMS AND CONDITIONS APPEARING ON THE SECOND PAGE OF THIS TWO-PAGE AGREEMENT. THIS AGREEMENT IS BINDING UPON OUR ACCEPTANCE HEREOF. (As Stated Above) CUSTOMER SIGNATURE PRINT NAME & TITLE DATE LESSOR( WEUS"OUR) Dex Imaging, LLC LESSOR SIGNATURE PRINT NAME & TITLE DATE 5109 W Lemon St Tampa, FL 33609-1102 016089-UP02.0122-2 PAGE 1 OF 2 291 ADDITIONAL TERMS ANDCONDITIONS 1. AGREEMENT. You want us tor now provide you the equipment and/or software referenced herein, together with all replacements, parts, repairs, additions anda accessions incorporated therein or attached thereto, excluding equipment marked as not financed under this Agreement ("Equipment") and you unconditionalya agree to pay ust the amounts payable under the terms of this agreement each the due date. This Agreementi ist bindingu upono oura acceptance hereof and willl begin ont the date the Equipmenti is deliveredt toy youd or any later date we designate. We may chargey youaone-time (Agreement) originationf periodt fee byt of $75.00. lfanya amount payable to us is past due, you will paya al late charge equal to: 1)t the greater of seven (7) cents fore each dollar overdue or 2) the highest lawful charge. ifl less. Any securityo deposity will be returned upon full performance. We may charge youa a fee of up to $50.00 forf filing. searchinga andlor tiling costs required under the Uniform Commercial Code (UCC) or other laws. lff for any reason your check is returnedf for nonpayment, you will pay usa abad check charge of$300 or, ifless, ther maximum charge allowedt by law. 2. NET AGREEMENT. THIS AGREEMENT IS NON-CANCELABLE FOR THE ENTIRE AGREEMENT TERM. YOU AGREE THAT YOU ARE UNCONDITIONALLY OBLIGATED TO PAY ALL AMOUNTS DUE UNDER THIS AGREEMENT FOR THE ENTIRE TERM. YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF AGAINST AMOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON. 3. EQUIPMENT USE. Youv will keep the Equipmenti in good working order, free and clear of all liens and claims, usei itfor business purposes only andr notr modify or move it from itsi initial location without our consent. You agree thaty youy will not taket the Equipment outo ofs service and have at third party pay (or provide funds to pay) the amounts due hereunder. Youx will comply with all laws, ordinances, regulations, requirements and rules relating tot the use and operation of the Equipment. We will have ther right, ata any reasonable time, toi inspect the Equipment and any documents relating to its use, maintenance andr repair. 4. SERVICES/SUPPLIES. lfwe have entered into a separate arrangement with you for maintenance, service, supplies, etc. with respect to the Equipment, payments under this Agreement include amounts owed under that arrangement, which amounts may be invoiced as one payment for your convenience. You agree thaty you will look solely to us for performance under any such arrangement andf may for the delivery of any applicable supplies. 5. SOFTWARE/DATA. Except as provided in this paragraph, references to "Equipment" include any software referenced above or installed on the Equipment. We dor not own the software and cannot transfer any interest ini ittoy you. We are notr responsible fort the software or the obligations of you or thel licensor under anyl license agreement. You are solely responsible for protecting and removing any confidential datalimages stored ont the Equipment prior toit its return for any reason. 6. LIMITATION OF WARRANTIES. EXCEPT TO THE EXTENT THAT WE HAVE PROVIDED YOU A WARRANTY IN WRITING, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR. Al PARTICULAR PURPOSE. YOU CHOSE ANYIALL THIRD-PARTY SERVICE PROVIDERS BASED ON YOUR JUDGMENT. YOU MAY CONTACT US OR1 THE MANUFACTURERI FOR A STATEMENT OF THE WARRANTIES, IF ANY, THAT THE MANUFACTURER IS PROVIDING. WE ASSIGN TO YOU ANY WARRANTIES GIVEN TO US. 7. ASSIGNMENT. Your may not sell, assign. or sublease the Equipment or this Agreement without our written consent. We may sell or assignt this Agreementa and our rights in the Equipment, in whole or inj part, toa third party without notice toy you. You agreet that if we do so, our assignee willh have our assigned rights under this Agreement but none of our obligations and will not be subject to any claim, defense, or set-offt that may be assertable against us or anyone else. 8. LOSS OR DAMAGE. You are responsible for any damage to or loss of the Equipment. No such loss or damage will relieve you fromy your payment obligations hereunder. Any insurance received relatingt toi insurance you obtain willl be appied, at our option, tor repair or replace the Equipment, or top pay us the remaining payments due or to become due under this Agreement, plus our booked proceeds residual, both discounted at 2% per annum. Except for claims, losses, or damages caused by our gross negligence or wilful misconduct, you agree to indemnify ando defend (with counsel acceptable to us and our assignee) us ando our assignee, if applicable, against, any claims, losses or damages, including attorneyf fees, in any way relating to the Equipment or data stored oni it. In no event will we be liable for any consequential, exemplary, ori indirect damages. 9. INSURANCE. You agree to maintain commercial general liability insurance acceptable to us andt toi include us as an additional insured ont the policy. You: also agree to: 1)keep the fully insured ati its with named Equipmentf against loss replacement cost, us as lender's loss payee; and 2) provide proof of insurance satisfactory to us no later than 300 days following the commencement oft this Agreement, and thereafter upon our written request. If you fail to maintain property) loss insurance satisfactory to us andlor youf faill to timely provide proof of such insurance, we have the option, but not the to do so as provided in either or obigation, (A) (B)a as follows, as determined in our discretion: (A) Wer may secure propertyl loss insurance on the Equipment from a carrier of our choosingi in such forms anda amounts as we deem reasonable to ouri interests. Ifv we secure insurance on the Equipment, we will not name you as an insured party, your interests may not be fully protected, and you wil reimburse us the premium (anda ani insurance which protect thant fee) be higher the premium your would payit if you obtainedi insurance anda ani insurance fee, andy which may result ina a profit to ust througha ani investment in reinsurance or otherwise. My are current in all may under you ofy obligations the Agreement at the time of loss, any insurance proceeds received relating to insurance we obtain pursuant to this subsection (A) will be applied, at our option, to repair or replace the your ort top us Equipment, pay ther remainingp payments due or to become due under this Agreement. plus our bookedr residual, both discounted at 2% pera annum. (B) Wer may charge youar at monthly 0035 of the Equipment costa as result of our credit risk administrative costs or other costs, as would bet further described onaletter from us toy you. We may make ap profit property ont this damages surcharge NOTHINGI ofupto IN THIS SECTION WILL RELIEVE YOU OF YOUR RESPONSIBILITY FOR LIABILITY INSURANCE ON THE EQUIPMENT. You authorize us to sign on your behalf and appoint us as your program. to endorse inj name attorney-in-fact anyi insurance drafts or checks issued due to loss or damaget tot the Equipment. your 10. OWNERSHIPITAXES. Unless the $1.00 Purchase Optioni is selected, we own the Equipment. Your will pay when due, either directly or by reimbursing us, all taxes and fees relating to the Equipment andt this Agreement, including estimated final-year personal property tax. Hwe pay any taxes or other expenses that you owe hereunder, you agree tor reimburse us when we request and to pay us a fee fore each or processingf expense charge we pay ony your behalt. Sales or use tax due upfront will be payable over the term witha at finance charge. lfthe $1.00 Purchase Option is selected, you acknowledge that 1) the shall be deemed to be a conditional sales contract, 2) any ownership we have in the Equipment will be deemed transferred to you upon the commencement of the Agreement, and 3) you to fle Agreements required personal returns any lft a agree property tax relating to the Equipment. this Agreement is deemed to be secured transaction, you hereby grant us a security interest in the Equipment (and all additions thereto, replacements thereof, under and proceeds) tos securey your obligations the Agreement and any other agreementy with us, tob be released att the endo ofthet term provided your have performed all ofy your obligations undert this You authorize us to record UCC financing statements to protect our interests in the Equipment. You also agree to indemnify us on an after-tax basis against the loss of any tax benefits anticipated Agreement. by us att the commencement oft this Agreement arisingo out of your acts or omissions. 11.E END OF TERM. Att the end oft the term of this Agreement (or any renewal term) (he "End Date"), this Agreement will renew month to month unless a) we receive written notice from at least 30 but nor more than 120 days prior to the End Date, ofy your intent to purchase or return the Equipment, and b)y you timely purchase or return the Equipment to the location designated by us, at your expense. you, lft the Fair Market Value Purchase Option is selected andy you arer noti in default on the End Date, may purchase the Equipment from us "AS IS' for its Fair Market Value. Ifthe returned Equipment is not immediately available for use by another without need ofrepair, youv wil reimburse us for all repair costs. Sour cannot pay off this Agreement or return the Equipment prior to the End Date without our consent. If we consent, we may charge in addition to other amounts owed, an early termination fee equal to5% oft the price ofthe Equipment. Agreements with a $1.00 Purchase Option selected willn notr renew. you, 12. DEFAULTIREMEDIES. Youy will bei inc defaulti if: (a)y you dor not pay any payment or other sum due to us or any other person when due ori ify yout fail to perform in accordance with the covenants, terms and conditions oft this Agreement or any other agreement with us or any of our affiliates or any material agreement with any other entily, (b) your make or have made any faise statement or misrepresentation to us, (c)you or any guarantor dies, dissolves ort terminates existence, (d)y you or any guarantor hereof fle or have fled againsty you a petition forr relief under the federal Bankruptcy Code or any similar federal or a state law, orif there occurs material adverse change inj your or any guarantors financial, business, or operatingo condition, or (e)a any guarantor defaults under any guaranty fort this Agreement. lfy you are ever in default, at option, we cant terminate this Agreement and we may require thaty your return the Equipment to us aty your expense and pay us: 1) all past due amounts and2 2)a all remaining fort the unexpired term, plus our booked payments residual, both discounted at 2% per annuma andy we may disable or repossess theE Equipment, require. you tos stop using any software andu use all other legal remedies available to us. You to our all costs ande expenses (including reasonable attorney fees and repossession costs) we incur in any dispute with you related to this Agreement. You agree to pay us 1.5% interest per month on all past agree due amounts. pay Any delay or failure to enforce our rights under this Agreement will notp prevent us from enforcing any rights atal latert time. Kfi interesti is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which willl be your sole remedy. 13. UCC. lfwe assign rights in this Agreement for financing purposes, you agree that this Agreement, in the hands of our assignee, is, or shall be treated as, "Finance Lease" as thatt term is definedi in Article 2A of thel Uniform Commercial Code (UCC). Youa agree to forgo the rights andr remedies providedu under sections 507-522 ofA Article 2A0 oft the UCC. 14.L LIMITATION ON CHARGES. This section controls over every other part of this Agreement and over all documents now or later pertaining to the Agreement. We both intend to comply with all In noe event will we charge or collect any amounts in excess of those allowed by applicable law. Any part of this Agreement that could, but fort this section, be read under any circumslance to allow for applicable a charge laws. than that allowable under applicable legal limit, is limited andr modified by this section to limit the amounts chargeable under the Agreement to the maximum amount allowed under the limit. Ifi in higher circumstance, any amounti ine excess oft that allowedb by lawi is charged or received, any such charge willt be deemedi limitedb byt the amount legally allowed anda any amountr received by us ine excess legall oft thati any allowedy will be appliedby us tot the paymento ofa amounts legally owed under the Agreement, or refundedt to you. legally 15. MISCELLANEOUS. All indemnities in this Agreement shall survive the termination of this Agreement. This Agreement is the entire agreement between you and us relating to our providing and your use of the Equipment ands supersedes any prior representations or agreements, including any purchase orders. Any fees and amounts payable under this Agreement, including any estimated tax mayi include a to us. The parties agree thatt this Agreement and any related documents hereto may be authenticated by electronic means. The parties agree thatt the sole original hereof for enforcement payments, and profit under andt the sole "record" constituting' "chattel paper" the UCC, ist the paper copy hereof bearing @) the original or a copy of either your manual signature or an electronically applied indication ofy perfection intent purposes, to intot this Agreement, and (i) our original manual signature. You agree nott to raise as defense to the enforcement of this Agreement or any related documents that you executed or authenticated your such documents enter bye electronic or digital means or that your used facsimile or other electronic means to transmil your signature on such documents. Notwithstanding anything to the contrary herein, we reserve the to or tos sign this Agreement any related documents hereto manualy. Ifa court finds any provision oft this Agreement unenforceable, the remaining terms oft this Agreement shall remain in effect. You right authorize require us you to either insert or correct your legalr name, the Agreement number, serialr numbers, model numbers, beginning date, and signature date. All other modifications to the Agreement must be in by each after Within 300 days our, or if assigned, our assignee's request,) you will deliver all requestedi information (including current financial statements andlor tax returns) which we deem writing necessary signed to determine party. current reasonablyr your financial condition and faithful performance of the terms hereof. You authorize us or our assignee to (a) obtain credit reports or make credit inquiries in connection with this and credit your application andi information regarding, your account to credit reporting agencies, potential assignees, and parties having ane economic interest in this Agreement andlor the Agreement, Equipment. To (b), help provide the goverment fight the funding of terrorism and moneyl launderinga activities, U.S. Federall law requires financial institutions to oblain, verify and record information thati identfies each person (individuals or businesses) who opens an account. What this means fory you: when you open an account or add any additional service, we will ask fory your name, address, federal employer identification number other information allow ust toi identify you.) Wer may also askt to see other identifying documents. and that will 016089-UP02.01222 PAGE 2 OF 2 291 NON-APPROPRIATION AGREEMENT AND ACKNOWLEDGEMENT (Applicable to Governmental Entities Only) This Non-Appropriation Agreement and Acknowledgement Acknowledgement? relates to that certain agreement between Mexico Beach, City of ("Governmental Entity") and Dex Imaging, LLC ("Company"), which agreement is identified in Company's records as agreement number 3108944 ("Agreement'). All capitalized terms used in this Acknowledgement which are not defined herein shall have the meanings given to such terms in the Agreement. The undersigned, an authorized representative of Governmental Entity, hereby acknowledges and agrees as follows: As of the date of the Agreement: (a) the individual who executed the Agreement had full power and authority to execute the Agreement on Governmental Entity's behalf; (b) all required procedures necessary to make the Agreement a legal and binding obligation against it were followed; (c) the Equipment will be operated and controlled by Governmental Entity and will be used for essential government purposes for the entire term of the Agreement; (d) that all payments due and payable for the current fiscal year are within the current budget and are within an available, unexhausted, and unencumbered appropriation; (e) Governmental Entity intends to pay all amounts payable under the terms of the Agreement when due, if funds are legally available to do so; (f) Governmental Entity's obligations to remit amounts under the Agreement constitute a current expense and not a debt under applicable state law; (g) no provision of the Agreement constitutes a pledge of its tax or general revenues; and (h) Governmental Entity will comply with any applicable information reporting requirements of the tax code, which may include 8038-G or 8038-GC Information Returns. If Governmental Entity exercises its right under applicable law to return the Equipment and terminate the Agreement on the last day of the fiscal period for which funds were available (without penalty or additional expense (other than the expense of returning the Equipment to the location designated by Company)), Governmental Entity's Chief Executive Officer (or Legal Counsel) will deliver a certificate (or opinion) to Company at least thirty (30) days prior to the start of the fiscal period for which funds were not appropriated, certifying that (a) Governmental Entity is a state or a fully constituted political subdivision or agency of the state in which it is located; (b) funds have not been appropriated for the applicable fiscal period to pay amounts due under the Agreement; (c) such non-appropriation did not result from any act or failure to act by Governmental Entity; and (d) Governmental Entity has exhausted all funds legally available for the payment of amounts due under the Agreement. This paragraph only applies if, and to the extent that, state law precludes Governmental Entity from entering into the Agreement if the Agreement is deemed to constitute a multi-year unconditional payment obligation. Company relied on this Acknowledgement as part of the Agreement. A copy of this Acknowledgement containing Governmental Entity's original or facsimile signature or other indication of its intent to agree to the terms set forth herein shall be enforceable for all purposes. GOVERNMENTAL ENTITY'S AUTHORIZED SIGNATURE (As Stated Above) X SIGNATURE NAME & TITLE DATE 018082VPO)NAMC.0824 MEXICO BEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # - Meeting Date: 2-11-25 Department: Admin Public Hearing: Yes R No Consent Regular Closed Agenda Agenda Session Date of Public Hearing: PRESENTERINFORMATION CONTACT: Chris Truitt ITEM TO BE CONSIDERED Subject: Discussion Item - Beach Vending Summary and Potential Action Attachment(s): Memo 2025-01, Ordinance 851 Brief Summary: There is some confusion at City Hall and in the community about what is and isn't allowed regarding beach vending. There are two possible business scenarios. The first is for renting equipment from an off-beach location for use on the beach and the second is for vending on the beach itself. This memo provides an administrative summary and potential actions for the Council to consider. Action Requested: The City Council should determine the overall policy whether that is to disallow beach vending (per the current situation), or change ordinances to allow beach vending in certain locations. Any changes need to consider both on- beach vending as well as businesses that rent on-beach items from off-beach locations. ISSUE OVERVIEW Background Information & Issue Summary: Based on current ordinances, there are no allowable locations for beach vending. Financial Impacts: None. Staff RecommendatonsCommens Staffi is requesting guidance from the Council and will prepare any necessary ordinance amendments. Memo 2025-01 To: City Council From: Administrator Date: 2/5/25 Re: Beach Vending Beach vending, defined as "soliciting, canvassing, selling and renting on beach.."is prohibited by Chapter 114 unless a beach vending permit, approved by the Administrator, is obtained. "No person shall sell orrent, or solicit or canvass for the sale ori rental of merchandise, services, goods or property of any kind or characterin, upon orfrom the beach withouta a beach vending permit. " "This prohibition includes providing goods or services on the beach in a way that involves even the occasionalpresence on the beach of a person affiliated with the business, such as to drop off or pick up items or to provide maintenance. 1 Permits are only valid for the calendar yeari in which they areissued. If the Administrator denies a permit application, the applicant may appeal the decision to the City Council. ATVs are the only types of land vehicles allowed on the beach with a valid permit and may only be operated within the permitted area and directly to and from the beach access point approved in the permit application. Privately owned personalwatercraft may be operated from the water's edge, departing the sandy beaches perpendicular to the shoreline at idle speed for at least 300'. The permitted area must meet the following criteria: 1) Zoned General Commercial or Tourist Commercial 2) Is the location of a hotel, motel, restaurant, tavern, or bar that currently operates under city and state law. Ift the location is not open for more than seven days (such as a seasonal closure), the permit is automatically suspended. These properties currently include the Driftwood and the El Governor (but not the annex). The El Governor and former annex are two different properties. Toucans would qualify 3) Is not on beach deeded to the city or another public agency. These properties are currently limited to the former El Governor Annex and three residential lots immediately to the west of the 8th street canal outfall. Based on these conditions, thereis no allowable location for beach vending; it has to be owned privately and at a hospitality business that is currently open. Option 1: Ifthe Council does not wish to make any changes, the only allowable business would be a beach equipment rental business that operates off the beach and at no time has personnel that visit the beach. The off-beach location must be in General Commercial or Tourist Commercial and have written permission from an existing or established business owner located in those zoning categories. They may not peddle from vacant property. Ifthat is the case, one recommendation would be to minimally improve the city-owned lots on 37th and/or the parking lot on 98 to provide a location for a trailer or other similar structure to be used by these vendors. The Council would then need to determine if a fee would need to be charged for use of that space. The Administrator could provide the requisite written permission. Option 2: Ift the Council would like to allow on-beach rental businesses, the location restrictions of "not on beach deeded to the city" and/or hospitality ousinesses "that currently operates' could be removed to allow vending at EL Governor, the former annex, the Driftwood, and Toucans. If both are removed, it would give the City the option to allow for a permit anywhere along the beach excluding the privately owned sections. Housekeeping tem: The peddler ordinance requires City Council Approval (S 111.05) for peddling on the beach but the beach vending ordinance only requires approvalfrom the Administrator (S 114.03). This should be changed to be consistent. If the changes noted above are made with the requirements clarified and codified, it would be an easier process to only require Administrator approval. The relevant chapters are below: Beach Regulations $1 111.05 ALLOWABLE PEDDLING LOCATIONS. (A) Peddling is allowed in two specific zoning categories: General Commercial and Tourist Commercial. The peddler must coordinate and obtain written permission from an existing or estabushed business owner located in the zoning categories previously mentioned. (B) Peddling from vacant propertyis not allowed. Any peddling which is proposed from a location on the beach also requires City Council approval. (Ord. 581, passed 10-11-2011) Penalty, see S 10.99 S 114.02 SOLICITING, CANVASSING, SELLING AND RENTING ON BEACH PROHIBITED. (A) (1) No person shall sell or rent, or solicit or canvass fort the sale or rental of merchandise, services, goods or property of any kind or character in, upon or from the beach without a beach vending permit. (2) This prohibition includes providing goods or: services on the beach in a way that involves even the occasional presence on the beach of a person affiliated with the business, such as to drop off or pick up items ort to provide maintenance. (B) This prohibition does not apply to, and a beach vending permitis not required for, a transaction or service that occurs in part on the beach, if all of the following are true: (1) Thet transaction is initiated and prearranged by the customer from a business representative who is not located on the beach, a public beach access, or a public parking lot; (2) Thetransaction or service does not involve the use of a motorvehicle on the beach, either as part of the activity or for delivery, retrieval, or maintenance related to the activity; and (3) Thetransaction or service does not involve placing a collection bin or any unattended item on the beach. (Ord. 688, passed 4-11-18) S 114.03 BEACH VENDING PERMIT APPROVAL PROCESS. (A) Applications for a beach vending permit must be made in writing to the City Administrator and provide all information needed to determine if allr requirements of this chapter are met. (1) Applicants are required to use the city application form, but mayi include additional information. (2) Applications mayinclude a request to operate one or more ATVs on the beach in the area covered by the permit, but onlyi if vehicular access to the beach exists within 100 feet from the permitted area. Such requests may be approved as part of the beach vending permit if they are otherwise consistent with the city's ordinances governing driving on the beach. (B) Beach vending permits expire at the end of the calendar yearin which they are granted, and only apply to the location and activities specified in the application. (C) Additional locations require new applications for additional beach vending permits. (1) A$50 application fee is required for each beach vending permit. (2) More than one beach vending permit may apply to a single location if the all owners oft the qualifying upland parcel provide written consent. (D) The city may suspend or revoke a beach vending permit due to violations of the beach vending permit or appucable laws, including city ordinances. (E) Decisions regarding applications are made by the City Administrator or his or her designee. (F) An applicant may appeal any denialto the City Council, which may approve the application upon determining that it meets the requirements ofthis chapter. (Ord. 688, passed 4-11-18) S 114.05 PERMISSIBLE LOCATIONS. (A) Beach vending permits may only be granted for beach locations that are part of or immediately behind (e.g., not across the street from) a parcel of property that meets all of the following conditions: (1) The parcel is zoned General Commercial or Tourist Commercial; (2) The parcel is the location of a hotel, motel, restaurant, tavern, or barthat currently operates validly under city and state law; if such use discontinues for more than seven consecutive days (such as for going out of business or seasonal closure), the beach vending permit is automatically suspended and will go back into effect when the hotel, motel, restaurant, tavern, or bar reopens for continuous long-term operations; and (3) Thel location is not on beach deeded to the city or another public agency. (B) The goods permitted by this chapter to be placed upon the beach for rental or sale shall be displayed, or: stored or placed SO as to avoid being an obstacle to emergency and other permitted vehicles. (Ord. 688, passed 4-11-18) Editor's note: Ord. 740, passed December 10, 2019, provides that, fori the remainder of the 2019 calendaryear and the entirety of 2020 and 2021, the city waives the above division (A)(2) of this S 114.05 for the locations that were eligible on October 9, 2018 to sponsor a beach vending permit. Those locations are 719 US-98 (the location of Toucans), 903 US- 98 (the location of the Beuna Vista Motel), 1701 US-98 (the location of the EIGovenor Motel); and 2105 US-98 (the location of the Driftwood: Inn). Beach protection and restoration construction projects will be ongoing for many months, SO as a condition of permitissuance, all holders of beach vending permits must comply with any temporary closure of a portion of the beach and any directives of the city relating to safety generally or construction on any portion ofthe beach near the location covered bythe beach vending permit. Such directives mayinclude a requirement to temporarily remove all beach vendor property from the beach or to adjust activities to avoid damage to newly constructed projects on the beach. S 114.07 PERMISSIBLE ACTIVITIES. (A) The holder of a beach vending permit may solicit, sell, or rent the following goods or services at the location covered by a beach vending permit: (1) Umbrellas; (2) Hobie Cats, Sunfish, Prindles and similar sailboats; (3) Jet skis and other motor-driven floating devices; (4) Cabanas; (5) Aqua cycles (same as water cycles); (6) Floats and surfboards; (7) Chairs; (8) Parasail rides, kite rides, and watersled rides; (9) Sailboards (but not kite boards); (10) Kayaks, canoes and simlarhand-paddled boats; (11) Beach photography, including photographs subsequently purchased and delivered off the beach. (B) The purpose of allowing these activities pursuant to a beach vending permit is to reasonably permit the solicitation and immediate sale or rental of certain goods and services that serve a public need to certain commercially oriented locations of the beach, and that are not themselves a nuisance or detriment, without unreasonably interfering with the flow, recreation, enjoyment and privacy of persons otherwise upon the beach. (C) Wooden lounger-style chairs are prohibited on the beach, except that a single row of wooden lounger chairs may be placed in each licensed area equidistant from the mean high water line and the seawall or the toe of the sand dune, or, if neither exists, then the paved surface adjoining the beach. The location of the row of chairs may be adjusted, if approved in writing in advance by the City Administrator. (Ord. 688, passed 4-11-18; Ord. 740, passed 12-10-2019) S 95.17 OPERATION OF MOTOR-DRIVEN FLOATING DEVICES RESTRICTED. (A) It shall be unlawful for any person to rent, lease or hire within the city, a motor-driven floating device for use on or in the waters of the Gulf of Mexico, or solicit the same within the city, unless: (1) Thereis provided for each rentallocation a water channel perpendicular to the shoreline, not less than ten feet in width, and marked by at least one orange or red buoy not less than 60 inches in circumference and anchored 300 feet from the shoreline, and two orange or red cones or signs not less than 28 inches high erected at the water line; (2) Privately-owned motor-driven floating devices operating from the water's edge are required to depart the sandy beaches perpendicular to the shoreline at idle speed for a distance of not less than 300 feet beforeincreasing speed. (a) Returning to the beaches they are required to approach at idle speed from a point 300 feet offshore and perpendicular to the shoreline. (b) Privately-owned motor-driven floating devices when departing the municipal canal system will depart at idle speed. (c) Upon return idle speed will be assumed at the channel entrance. (3) There shall be posted, within 50 feet landward of such channel a sign posting the established speed limit of idle speed for all watercraft operating within the channel and canal system. (B) No person shall operate any rented, leased or hired motor-driven floating device within 300 feet of the edge of the waters of the Gulf of Mexico, unless operating within a channel properly marked pursuant to division (A)(2) above. (1998 Code, S 92.37) (Ord. 274, passed 5-11-1993) Penalty, see S 95.99 BAY COUNTY SHERIFF'S OFFICE TOMMY FORD, SHERIFF MEXICO BEACH JAN 1-JAN 31 2025 CALLS FOR SERVICE 122 MILES PATROLLED 10,041 TRAFFIC STOPS 27 CITATIONS 2 WARNINGS 24 ARRESTS 1 CRIMINAL TRAFFIC TRAFFIC ACCIDENTS 1 Administrator Report 2/12/2025 We are beginning the process of providing regular reporting on our impact fees accounts. These accounts are funded by impact fee charges on new construction and include police ($72,877), fire/ESU ($144,362), recreation ($456,749), water ($616,384), and sewer ($1,399,761). Several plans will be presented to the Council in upcoming meetings including purchasing a new side-by-side for fire, funding the grant shortfall of $200k for the bypass pump project, and purchasing a new utility truck for fire to replace the inoperable truck. Our Capital Improvement Plan expired last year. This is the plan that maps out future large capital purchases (such as a garbage truck) and infrastructure projects (such as repaving or major facility work) across multiple fiscal years. The process will be obtaining needs or requests from departments, determining priorities internally, and then presenting to the Council for input and suggestions prior to receiving final approval. Upcoming development in Mexico Beach overt the next two to seven years will see our city increase by approximately 1500 residential units and potentially over 4000 residents. Tyndall is expecting thousands of more employees over the coming years with will drive growth down up and down the coast. We are currently working on laying the framework for potential organizational changes to transition from a small town to a larger town. We are currently beginning discussions with Bay County to increase our sewage capacity. This multi-part effort is beginning with cancelling any development orders, that have not had construction begin, that are older than six months. We will then determine the needed capacity to prepare for our discussions with the County as well as potentially Parker, Callaway, and Springfield. This process is beginning on 2/12. We have been approached by FSU requesting permission to install two small radar towers to measure currents in the Gulf. More information will be provided as we hash out some of the details such as potential locations. End of Report