MEXICOBEACH CITY COUNCIL REGULAR MEETING TUESDAY, MARCH 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 will be live streamed on the City of Mexico Beach Government Facebook page. If you have any questions or comments on the agenda, please email them up to 2 hours prior to the meeting at ciy@mexicobeachl.gov I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. ROLL CALL V. CONSENT AGENDA 1. Minutes January 14, 2025 City Council Meeting VI. STAFF REPORTS 1. Engineering Report Anchor CEI - Elizabeth Moore 2. Finance Report - Finance Director, Mike Snyder VII. REGULAR AGENDA 1. 15th Street Pedestrian Bridge Bid including: Task Oder with Gortemoller Engineers for Construction Management and Inspection Support and Task Order with Anchor CEI for Professional Design, Engineering, Permitting and Bidding Services - Chris Truitt a. Open Public Discussion b. Close Public Discussion C. Discussion d. Motion to Approve or Deny 2. Ordinance 848 - Peddlers (Second Reading) Chris Truitt AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING ORDINANCE NO.5 581 CODIFIED IN CHAPTER 111 OF THE CODE OF ORDINANCES; ADDING DEFINITIONS; CLARIFYING LICENSING AND OPERATIONAL REQUIREMENTS; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FOR INCLUSION IN THE CODE, REPEAL OF CONFLICTING PROVISIONS, SEVERABILITY, CORRECTION OF SCRIVENER'S ERRORS, AND LIBERAL CONSTRUCTION: AND PROVIDING FOR AN EFFECTIVE DATE. a. Motion to Read Ordinance 848 (By Title Only) b. Open Public Discussion C. Close Public Discussion d. Discussion e. Motion to Approve or Deny 3. Ordinance 851 - Beach and Dune Protection (First Reading) Chris Truitt AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MEXICO BEACH, FLORIDA, AMENDING THE BEACH AND DUNE PROTECTION ZONE IN SECTION 4.03.04C (CODIFYING ORDINANCE NO. 711); ADDING CHAPTER 99 OF THE CITY OF MEXICO BEACH CODE TO CREATE 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 PROTECTTHE CITY'S DUNESYSTEM, 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 4. FROC Personnel Policy Amendment - Chief Walker 5. Mutual Aid Agreement with P.C.F.D and M.B.F.D - Chief Walker 6. M.B.F.D. Side by Side and Fire Chief Truck - Chief Walker 7. Finance Positions Name Change Chris Truitt 8. City Clerk Annual Evaluation Chris Truitt 9. Move April 22, 2025 City Council Meeting due to Election Day is on the same date VIII. CITIZEN COMMENTS 1. Speaker must come to the podium and state name and city of residence 2. Comments are limited to 3 minutes IX. COUNCIL COMMENTS X. MAYOR COMMENTS XI. STAFF COMMENTS XII. ADJOURNMENT Emailed to interested parties and posted on the city website on: 03/06/2025 Note: Copies oft the Agenda items are posted on the City's Website mexicobeachf.gov 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 oft 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 priort to the meeting. Ifyou arel hearing or speech impaired, and you possess TDD equipment,; you may contact the City Clerk using thel Florida Dual Party Relay System, which can ber reacheda at 800-955-87701 TDD. City of Mexico Beach Meeting Minutes TUESDAY JANUARY 14, 2025 - 9:00 AM The City of Mexico Beach City Council met in a regular meeting on Tuesday January 14, 2025, at 9:00 am at the Public Works Building in Mexico Beach. Mayor Pro Tem Smith and the following Councilmembers were present: Linda Hamilton, Jason Adams and Tim Linderman. Mayor Wolff was absent. Also present were City Administrator, Chris Truitt, City Clerk, Tammy Brunson and City Attorney Tim Sloan. I. Call to order: Mayor Pro Tem Smith called the meeting to order at 9:00 am. II. Consent Agenda: Minutes from the following meetings were approved unanimously. September 5, 2024 = First Public Budget Hearing September 24, 2024 - City Council Meeting October 8, 2024 = City Council Meeting October 22, 2024 - City Council Meeting November 10, 2024 - City Council Meeting December 10, 2024 = City Council Meeting III. Regular Agenda: 1. Fireman Brian Hunt Engineer recognition - Chief Walker joined Brian Hunt and his wife Jen in the traditional pinning ceremony promoting Brian from a Firefighter to an Engineer. 2. James Moore & CO, PL - Accounting services contract renewal was brought to the table. Mr. Truitt requested tabling the contract renewal due to pending language issues to the next meeting. Mr. Linderman motioned, and Mrs. Hamilton Seconded to table the item. Motion passed unanimously. 3. Discussion for the Land Development Code revisions potential schedule was brought to the table. Mr. Truitt presents options for addressing 73 items requested for LDC amendments, including creating a citizen committee, council prioritization, or involving P&Z. The council discusses the importance of citizen input and the need for a balanced approach to prioritizing and addressing the LDC amendments. The council agrees to prioritize immediate items for staff to address and bring back to the next meeting for P&Z review. Mr. Linderman recommends involving P&Z and the planning collaborative to ensure thorough review and citizen input. Mrs. Hamilton motioned, and Mr. Linderman seconded to allow citizens to speak on the matter. Motion passed with a 3 to 1 vote. No vote was Mayor Pro Tem Smith. Open public comment 9:30 am Lisa logan talked about the last review of the LDC and the time frame it took to complete, and she felt citizens working with the P & Z Board could get this accomplished. Lorene Lindsey talked about the need to update the Comp Plan as well, since they go hand in hand. John Harrell asked about the time frame for completion and if the P & ZI Board could meet more than once a month. Close public comment 9:36 am. Mr. Adams motioned, and Mr. Linderman seconded to move the most critical items to the next council agenda and send the rest to the P & Z Board with the request to meet more than once a month. Motion passed with a 3 to 1 vote. No vote was Mrs. Hamilton 4. Financial Report was brought to the table. Mr. Truitt presented the financial report, noting that revenues are on track and some expenditures are higher than expected. 5. City Administrator 3-month performance evaluation was brought to the table. The council discusses the need for a take-home vehicle for the City Administrator, with Tim Sloan providing legal advice on drafting the contract. Mr. Linderman motioned, and Mr. Adams seconded to approve a $2,000 salary and authorizes a take-home vehicle with specific limitations. Motion passed unanimously. City of Mexico Beach Meeting Minutes TUESDAY JANUARY 14, 2025 = 9:00 AM IV. Citizen Comments: No Citizens comments were made. VII. Council Comments: Mr. Linderman provided an update on the FEMA public assistance grant process for the pier and municipal building projects. The council is informed about the bureaucratic nature of the process and the importance of careful decision-making to avoid delays. The council is reassured that the current team is making progress and addressing issues effectively. The council is also excited about the new grocery store project, the Seaside Market Place, and its potential benefits for the community. VI. Mayor Comments: Mayor Wolff thanked the staff for their hard work and dedication, especially in handling the JLAC audit and ongoing projects. VIII. Staff Comments: Mr. Truitt highlights efforts to improve communication, including weekly updates on the city website and internal updates to the council. He talked about the completion of the JLAC audit, with no findings of wrongdoing, and the importance of accountability and transparency. He informed council of the upcoming ordinances for peddlers and dune protection, which will be presented at the next meeting and an update on the 15th Street bridge project, which is moving forward with the request for proposals posted. City Clerk - Tammy Brunson reminded citizens to obtain their 2025 golf cart and boat permits because the 2024 permits expire on January 31, 2025. City Attorney - Mr. Sloan had no additional comments. XI. Adjournment: Mr. Linderman motioned, and Mrs. Hamilton seconded to adjourn the meeting at 10:17 am. By: Attest: Mayor Pro Tem, Jerry Smith City Clerk, Tammy Brunson Anchor Engineering Regular Monthly Report Mexico Beach Update 03/05/25: Mexico Beach Boat Launch: Survey and Geotech teams are working through their scope of work. Once Anchor has the survey and Geotech report, we will meet with the Structural Engineer to begin design drawings. Anchor reached out to Nickie at FWC re: revising the grant agreement. The original agreement has very specific language regarding quantities of materials, earthwork, etc. for the project. Since redesign has not begun, we do not know what the new quantities will be and FWC requires this in their agreements. Anchor will ask if we can estimate the quantities in the agreement, then revise the agreement as necessary once we get further into design. Mexico Beach 15th St. Pedestrian Bridge: H.G. Harder's completed a Statement of Experience form, Anchor reviewed the bid documents to ensure all required documentation was submitted, double check calculations, etc. FDOT asked for all bids to be uploaded sO they can review prior to a Recommendation of Award letter being completed. Juli uploaded the bids to GAP last Friday and FDOT is reviewing. Public Works Water Tank Aeration System: Project is out for bid with bids due March 12th at 3 p.m. The FDEP permit application was submitted on 03/04/25 for FDOT review. Metal Building: Anchor is looking at alternate location options in the City yard; see layout. There is a water line that runs along the northside of the parking lot. We are looking back at as-built drawings to locate this line to ensure we aren't interfering. Access Mat: We received the survey; see draft layout. We have reached out to our Environmental Consultant to ask if we can encroach on the vegetation lines or alter them. We have also asked what is the point we need to stop before additional permitting is required? spoke with the Sales Rep at AccesRec. He said custom angle pieces and 5x5 connector squares are $739/each (not including taxes and shipping). Amphitheater: Project is out for bid and questions have been coming in from bidders. Anchor is working on putting an Addendum together to answer questions. Mexico Beach City Wide Sewer FausbResanCoses Order: How can Anchor help? Nanook Rd LS & 14th Street LS Proposal: Will this be on the agenda for next weeks council meeting? 712 Hwy 98 Development Order Application: - No change from last update I sent you: Anchor attended the 12/23/24 meeting (Via Zoom) with the Applicant, City, and City Planner. The Applicant has not submitted necessary stormwater plans and calculations needed for review. Per the Applicant, they are working on getting a geotechnical survey/report, stormwater report and calculations, and civil site grading and drainage plans. MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # % Meeting Date: 3-11-25 Department: Admin Consent Regular Closed Public Hearing: Yes R No Agenda Agenda Session Date of Public Hearing: PRESENTERINFORMATON CONTACT: Chris Truitt ITEM TO BE CONSIDERED Subject: 15th St. Pedestrian Bridge Attachment(s): Task Order from Gortemoller (Inspecting Engineer) Task order from Anchor (Design and Construction Engineer) Bid Tabulation Sheet State-Funded Grant Agreement Brief Summary: The 15th St. Bridge was determined to be hazardous for pedestrians due to high traffic, narrow lanes, and no sidewalk. A separate pedestrian bridge needs to be installed. The City recognized this, sought funding from the State, followed the bid process, and is now ready to move forward with the project. The original estimate was $350,000 in 2023 however that cost has increased to $656,898. Action Requested: Approve or deny the task orders and winning bid. ISSUE OVERVIEW Background Information & Issue Summary: The City accepted $350,000 from the State of Florida Department of Transportation on 9/26/23 for the construction of the15th St. Pedestrian Bridge project. The project costs have increased since then to $656,898. This is additionally complicated by the fact that the State is requiring two different engineering companies for the project; one to perform engineering and one to perform inspections. Our contracted engineering firm Anchor will perform design and construction engineering while our previous engineering firm Gortemoller will perform inspections. In addition to the $350,000 received from the state, the City will need to spend $306,898 from the general fund to complete the project. We currently have $280,000 from the general fund set aside for the amphitheater project. The City Administrator proposes using impact fees ($474,130 available) for the amphitheater project instead, making that $280,000 available for the bridge project. The City Administrator also recommends using general funds for the remaining $26,898; these funds are available. Financial Impacts: $350,000 from the State of Florida $213,068 from the General Fund for Construction $60,230 from the General Fund for Anchor for Design and Construction $33,600 from the General Fund for Gortemoller for Inspection Project Total: $656,898 of which $306,898 will come from the City's budget. Staff FecommencalonsCommens 15th St. at the canal is very dangerous for pedestrians; it is imperative that we find a solution for pedestrian traffic. Staff recommends approving the task orders and lowest bid with the understanding that future budget resolutions will be made to repurpose the $280,000 and fund the additional $26,898. STATE OF FLORIDAD DEPARTMENT OF TRANSPORTATION 525-010-60 STATE-FUNDED GRANT AGREEMENT PROGRAMI MANAGEMENT 09/22 FPN: 453196-1-54-01 Fund: GR24 FLAIR Category: Org Code: FLAIR Obj: FPN: Fund: FLAIR Category: Org Code: FLAIR Obj;: FPN: Fund: FLAIR Category: Org Code: FLAIR Obj: County No:(46) Bay Contract No: Vendor No: F591220917002 THIS STATE-FUNDED GRANT AGREEMENT ("Agreement) is entered into on Sept 26, 2023 (This date tot be entered by DOT only) by and between the State of Florida Department of Transportation, ("Department"), and Clty of Mexico Beach, ("Recipient"). The Department and the Recipient are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties". NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044, 334.044(7), and (select the applicable statutory authority for the program(s) below): Section 339.2817 Florida Statutes, County Incentive Grant Program (CIGP), (CSFA 55.008) Section 339.2818 Florida Statutes, Small County Outreach Program (SCOP), (CSFA 55.009) Section 339.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA 55.016) Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026) R Specific Appropriation 2042A of Ch. 2023-239.L.O.F, Local Transportationf Project : (CSFA 55.039) The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Cltyof Mexico Beach - 15th Street Pedestrian Bridge, as further described in Exhibit "A", Project Description and Responsibilities, attached to and incorporated into this Agreement ("Project"); to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. 3. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before October 31, 2024. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day oft the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination oft the Project. The Recipient acknowledges that no funding for the Project will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced in accordance with the terms of this Agreement, or for work performed prior to full execution of the Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the consequent potential unavailability of any unexpended portion of State funding to be provided under this Agreement, the Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit "A" in accordance with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing. Page 1 of 14 STATE OF FLORIDAL DEPARTMENT OF TRANSPORTATION 525-010-60 STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/22 Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design phase or other non-construction phases of the Project. If the Project involves a construction phase, the Recipient shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall request a Notice to Proceed from the Department. 4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by the Recipient under any circumstances without the prior written consent of the Department. 5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable laws or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. a. Ift the Department terminates the Agreement, the Department shall notify the Recipient of such termination in writing within thirty (30) days of the Department's determination to terminate the Agreement, with instructions as to the effective date of termination or to specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure oft funds. In this event, the Parties shall agree upon the termination conditions through mutual written agreement. C. Ift the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Recipient. d. Upon termination of this Agreement, the Recipient shall, within thirty (30) days, refund to the Department any funds determined by the Department to have been expended in violation of this Agreement. 6. Project Cost: a. The estimated cost of the Project is $350,000. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", Schedule of Financial Assistance, attached and incorporated in this Agreement. The Schedule of Financial Assistance may be modified by execution of an amendment of the Agreement by the Parties. b. The Department agrees to participate in the Project cost up to the maximum amount of $350,000 and, additionally the Department's participation in the Project shall not exceed 100% of the total cost of the Project, and as more fully described in Exhibit "B". The Department's participation may be increased or reduced upon a determination of the actual bid amounts of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. C. The Department's participation in eligible Project costs is subject to, but not limited to: i. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; li. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and Page 2 of 14 STATE OF FLORIDAL DEPARTMENT OF1 TRANSPORTATION 525-010-60 STATE-FUNDED GRANT AGREEMENT PROGR MANAGEMENT 09/22 ili. Department approval of the Project scope and budget at the time appropriation authority becomes available. 7. Compensation and Payment: a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit "A", and as set forth in the Schedule of Financial Assistance in Exhibit "B". b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service tob be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties. C. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit "A". Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel expenses are not compensable under this Agreement. f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. Ift the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. Ift the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. Recipients receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. Ifa a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests Page 3 of 14 STATE OF FLORIDAI DEPARTMENT OF TRANSPORTATION 525-010-60 STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/22 payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. h. Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. i. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. j. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's financial assistance for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. I. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract sO made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." m. Any Project funds made available by the Department pursuant to this Agreement which are determined by the Department to have been expended by the Recipient in violation of this Agreement or any other applicable law or regulation, shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient Page 4 of 14 STATE OF FLORIDAD DEPARTMENT OF TRANSPORTATION 525-010-60 STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/22 files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. n. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8. General Requirements: The Recipient shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. The Recipient must obtain written approval from the Department prior to performing itself (through the efforts of its own employees) any aspect of the Project that will be funded under this Agreement. If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). b. The Recipient shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. C. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or additional work on the Project under this Agreement without the prior written approval of the claim or request for additional work by Department. 9. Contracts of the Recipient a. The Department has the right to review and approve any and all third party contracts with respect to the Project before the Recipient executes any contract or obligates itself in any manner requiring the disbursement of Department funds under this Agreement, including consultant or construction contracts or amendments thereto. Ifthe Department exercises this right and the Recipient fails to obtain such approval, the Department may deny payment to the Recipient. The Department may review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties hereto that participation by the Department in a project that involves the purchase of commodities or contractual services or the purchasing of capital equipment or the equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions of Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida Statutes Itshall be the sole responsibility oft the Recipient to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that are not consistent with the Project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Recipient execution. Failure to Page 5 of 14 STATE OF FLORIDAI DEPARTMENT OF TRANSPORTA TION 525-010-60 STATE-FUNDED GRANT AGREEMENT PROGRAMI MANAGEMENT 09/22 obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department. C. Participation by the Department in a project that involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Ifthe Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and the cost of the Project is to be paid from state-appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 10. Design and Construction Standards and Required Approvals: In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department's right-of-way, the Recipient shall provide the Department with written notification of either its intent to: I. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient's use oft this option is subject to approval by the Department. C. The Recipient shall hire a qualified contractor using the Recipient's normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department's right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient's normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements ofall applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. Ifany portion of the Project will be located on, under, or over any Department-owned right-of-way, the Department shall review the Project's design Page 6 of 14 STATE OF FLORIDADEPARTIMENT: OF TRANSPORTATION 525-010-60 STATE-FUNDED GRANT AGREEMENT PROGRAMI MANAGEMENT 09/22 plans for compliance with all applicable standards of the Department, as provided in Exhibit "O", Terms and Conditions of Construction, which is attached to and incorporated into this Agreement. f. The Recipient shall adhere to the Department's Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department's Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient's contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit "C", Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include al list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection. 11. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient shall shall not maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "D". This provision will survive termination of this Agreement. 12. State Single Audit: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Recipient's use of state financial assistance may include but not be limited to on- site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and Page 7 of 14 STATE OF FLORIDAI DEPARTMENT OF TRANSPORTATION 525-010-60 STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/22 cooperate fully with any monitoring proceduresprocesses deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Recipient, a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: i. In the event the Recipient meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient must have a State single or project-specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "J", State Financial Assistance (Florida Single Audit Act) to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed byt the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. li. In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iil. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Recipient must provide a single audit exemption statement to the Department at poTngesgacssatian no later than nine months after the end of the Recipient's audit period for each applicable audity year. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Recipient's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: 0OIsngeAdtacaae. fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL: 32399-1450 Email: flaudgen localgor@audsiatelus V. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in açcordance with Section 215.97, Florida Statutes, and Page 8 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/22 Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Recipient's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department, or its designee, DFS or the Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. C. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or the Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 13. Restrictions, Prohibitions, Controls and Labor Provisions: a. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of aj public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. C. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cançellation of this Agreement. f. The Recipient shall: Page 9 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE-FUNDED GRANT AGREEMENT PROGRAMI MANAGEMENT 09/22 i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and li. Expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 14. Indemnification and Insurance: a. Iti is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third-party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope oft their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of the Department's or the Recipient's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. C. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY) shall indemnify, defend, and hold harmless the [RECIPIENT) and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY), or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY). The foregoing indemnification shall not constitute a waiver of the Department's or [RECIPIENTY's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY) to indemnify [RECIPIENT) for the negligent acts or omissions of [RECIPIENT), its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY) to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." d. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Page 10 of 14 STATE OF FLORIDA! DEPARTMENT OF TRANSPORTATION 525-010-60 STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/22 insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. e. Ifthe Recipient elects to self-perform the Project, and such self-performance is approved byt the Department in accordance with the terms of this Agreement, the Recipient may self-insure and proof of self-insurance shall be provided to the Department. Ift the Recipient elects to hire a contractor or consultant to perform the Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Recipient shall, or cause its contractor to cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policylies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention unless the Recipient is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate ofl Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policylies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. f. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policylies procured pursuant to the paragraph above. Priort to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policylies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. g. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall be added along with the Department as an Additional Insured ont the Commercial General Liability policylies procured above. 15. Miscellaneous: a. In no event shall any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making of such payment by the Department, while any such breach or default shall exist, shall in no wayi impair or prejudice any right or remedy available to the Department with respect to such breach or default. Page 11 of 14 STATE OF FLORIDA! DEPARTMENT OF TRANSPORTATION 525-010-60 STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/22 b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. C. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to comply with the provisions of Chapter 119, Florida Statutes. h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes . This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. - - This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 16. Exhibits. a. Exhibits A, B, D, F, and J are attached to and incorporated into this Agreement. b. The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is attached and ncorporated into this Agreement. C. Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached and incorporated into this Agreement, d. This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "K", Advance Project Reimbursement is attached and incorporated into this Agreement. e. A portion or all of the Project will utilize the Department's right-of-way and, therefore, Exhibit 0, Terms and Conditions of Construction in Department Right-of-Way, is attached and incorporated into this Agreement. f. The following Exhibit(s), in addition to those listed in 16.a. through 16.f., are attached and incorporated into this Agreement: Page 12 of 14 STATE OF FLORIDAI DEPARTMENT OF TRANSPORTATION 525-010-60 STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/22 g. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance Exhibit C: Engineer's Certification of Compliance Exhibit D: Recipient Resolution Exhibit F: Contract Payment Requirements *Exhibit H: Alternative Advance Payment Financial Provisions Exhibit J: State Financial Assistance (Florida Single Audit Act) *Exhibit K: Advance Project Reimbursement *Exhibit O: Terms and Conditions of Construction in Department Right-of-Way *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. The remainder of this page intentionally left blank. Page 13 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE-FUNDED GRANT AGREEMENT PROGR RAM MANAGEMENT 09/22 IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. RECIPIENT City of Mexico Beach STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION inla Shi - By: By: Name: micheke L miler Name: Tim Smith, P.E. Title: maype Title: Director of Transportation Development Legal Review: By: Name: Page 14 of 14 AIF Form 525-010-60eA STATE OF FLORIDAL DEPARTMENT OF TRANSPORTATION 525-011-0A STATE-FUNDED GRANT AGREEMENT PROGRAMI MANAGEMENT 05/21 EXHIBIT A PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 453196-1-54-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Clty of Mexico Beach (the Recipient) PROJECT LOCATION: The project is on the National Highway System. The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 0.017 miles PROJECT DESCRIPTION: This project is for design, permitting, construction and CEI services for the City of Mexico Beach 15th Street Pedestrian Bridge project. The project will deliver a pedestrian bridge on 15th Street to provide a safe access and crossing for pedestirans and bicyclists on a major shared route. No additional right-of-way is required. SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the DepartmFor each reimbursement submittal, the Agency understands and agrees that the reimbursement amount shall not exceed the total actual eligible costs submitted for reimbursement up to the maximum amount as specified in paragraph 4.B. and as more fully described in Exhibit "B" of this Agreement. na accordance with Section 10.c. of this Agreement, the Parties agree as follows: The Department hereby notifies the Recipient that for projects that are not located on the Department's right-of-way, the Recipient is required to hire a contractor prequalified by the Department. In accordance with Section 10.d. of this Agreement, the Parties agree as follows: For the provision of Construction Engineering Inspection (CEI) services, the Recipient is required to hire a Department pre- qualified consultant in the appropriate work type. In accordance with Section 10.e. of this Agreement, the Parties agree as follows: The Recipient is required to hire a Department pre-qualified consultant in the appropriate work type for the design phase of the Project. The Recipent shall be responsible for all permitting activities related to the project and notify the Department prior to commencement of any right-of-way activities. The Recipient shall provide a copy of the design plans for the Department's review and approval prior to advertisement. Plans shall be submitted at 60%, 90% and final plans along with the engineer's cost estimate, Utility Certification, Permit Page 1 of 2 Certification, Right of Way Certification, Railroad Certification, and a complete set of draft bid documents in PDF (Portable Document Format). The Recipient shall be responsible for addressing all plan review comments in the Department's Electronic Review Comments (ERC) System. The Recipient shall submit to the Department the bid tabulations and award intent for review and concurrence prior to award and will submit the signed construction contract for records upon execution of the final document. Off the State Highway System (Off-System) construction projects must be administered in accordance with latest version of the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways Florida (also known as the Florida Greenbook).ent, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by b) Design to be completed by c) Right-of-Way requirements identified and provided to the Department by d) Right-of-Way to be certified by e) Construction contract to be let by f) Construction to be completed by October 31, 2024 If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Department will issue a Notice to Proceed to advertise for construction to the Recipient after final plans, bid documents, construction estimate, and all nesscary certifiçations have been reviewed and approved. Page 2 of 2 ALF Form 525-010-60eJ STATE OF FLORIDAI DEPARTMENT OF TRANSPORTATION 525-011-0J STATE-FUNDED GRANT AGREEMENT PROGRAMI MANAGEMENT 09/20 Page of1 EXHIBIT J STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Awarding Agency: Florida Department of Transportation County Incentive Grant Program (CIGP), (CSFA 55.008) State Project Title Small County Outreach Program (SCOP), (CSFA 55.009) and CSFA Small County Road Assistance Program (SCRAP), (CSFA 55.016) Number: Transportation Regional Incentive Program (TRIP), (CSFA 55.026) Specific Appropriation 2042A of Chapter 2023-239, L.O.F, (CSFA 55.039) *Award Amount: $350,000.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number is provided at: sssss-wws-www COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number are provided at: htpsllapps.ldfs.com/lsaalsearehComplance.aspX The State Projects Compliance Supplement is provided at: httpsllapps. laikombastomaansass AtForm 525-010-60eB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0B STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 8/21 Page of1 EXHIBIT B SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: City of Mexico Beach 453196-1-54-01 201 Paradise Path Mexico Beach, FL. 32456 MAYIMUMPATIOPATION. (1) (2) (3) PHASE OF WORK by Fiscal Year: TOTALI PROJECT FUNDS LOCALFUNDS STATEFUNDS Indicate source of Local funds Design- Phase 34 Maximum Department Participation $ $ $ In-Kind FY: (Insert Program Name) Cash FY: Maximum Department Participation $ $ $ In-Kind (Insert Program Name) Cash Total Design Cost $ 0.00 $ 0.00 $ 0.00 % % % Right-of- -Way- Phase 44Maximum Department Participation $ $ $ In-Kind FY: (Insert Program Name) Cash FY: Maximum Department Participation $ $ $ In-Kind (Insert Program Name) Cash Total Right-of-Way Cost $ 0.00 $ 0.00 $ 0.00 % % % Construction- Phase 54 Maximum Department Participation $350,000.00 $0.00 $350,000.00 In-Kind FY: 2024 (LocalT Transportation Project)) Cash FY: Maximum Department Participation $ $ $ In-Kind (Insert Program Name) Cash Total Construction Cost $350,000.00 $ 0.00 $350,000.00 100.00% 0.00% 100.00% Construction Maximum Department Participation $ $ $ In-Kind Engineering and (Insert Program Name) Cash Inspection Phase 64 FY: FY: Maximum Department Participation $ $ $ In-Kind (Insert Program Name) Cash Total Construction Engineering and! Inspection Cost $ 0.00 $ 0.00 $ 0.00 % % % (Phase: : Maximum Department Participation $ $ $ In-Kind FY: (Insert Program Name) Cash FY: Maximum Department Participation $ $ $ In-Kind (insert Program Name) Cash Total Cost $ 0.00 $ 0.00 $ 0.00 % % % TOTAL COST OF THE PROJECT $350,000.00 $ 0.00 $350,000.00 COST ANALYSIS CERTIFICATION. AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Maria Showalter Local Programs Administrator District Grant Manager Name Signature Date AtForm 525-010-60eC STATE OF FLORIDAI DEPARTMENT OF TRANSPORTATION 525-011-0C STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 0521 Page 1of1 EXHIBIT C ENGINEER'S CERTIFICATION OF COMPLIANCE Engineer's Certification of Compliance. The Recipient shall complete and submit the following Notice of Completion and, if applicable, Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. NOTICE OF COMPLETION STATE-FUNDED GRANT AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and City of Mexico Beach PROJECT DESCRIPTION: Clty of Mexico Beach - 15th Street Pedestrian Bridge FPID#: 453196-1-54-01 In accordance with the Terms and Conditions of the State-Funded Grant Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of 20 By: Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the State-Funded Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification the Recipient shall furnish the Department a set of" "as-built" plans certified by the Engineer of Record/CEI. By: P.E. SEAL: Name: Date: Alt Form 525-010-60eD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0D STATE-FUNDED GRANT AGREEMENT PROGRAMI MANAGEMENT 05/21 Page 1of1 EXHIBIT D RECIPIENT RESOLUTION The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. ALF Form 525-010-60eF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OF STATE-FUNDED GRANT AGREEMENT MANAGEMENT PROGRAM 05/21 Page 1of2 EXHIBIT F CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register, or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Fringe benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Travel: Reimbursement for travel must be in accordance with S. 112.061, F.S., which includes submission of the claim on the approved state travel voucher along with supporting receipts and invoices. Other direct costs: Reimbursement will be made based on paid invoices/receipts and proof of payment processing canceledprocessed checks and bank statements). If nonexpendable property is purchased using state funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with DMS Rule 60A-1.017, F.A.C., regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in S. 273.02, F.S., for subsequent transfer to the State. Indirect costs: If the contract stipulates that indirect costs will be paid based on a specified rate, then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request, which may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address htpswww.myloridaclo.com/Dwision/AAManualsldoeumentsRelerenceGuideforsiate Expenditures.pdf. Gortemoller Engineering, Inc. GE City of Mexico Beach 15th Street Pedestrian Bridge Construction Engineering and Limited Inspection Scope of Services The general project scope is for GE (Consultant) to provide construction management services and limited inspection support during the construction and certification phase for the 15th Street Pedestrian Bridge for the City of Mexico Beach (City). Due to the fabrication of the pedestrian bridge, a long lead time is expected between the award and actual construction. Once actual Construction begins, the Consultant will provide weekly monitoring reports and limited inspection services. All bidding and award will be provided by Anchor CEI (EOR). Task 1 = Constructability Review (Not Included) Task 2 = Construction Administration 2.1 Pre-Construction Conference: The Consultant will attend and document the Pre-Construction conference. The EOR shall schedule and coordinate. 2.2 Pre-Work Submittal Reviews, Log, and Posting (By City) 2.3 Request for Information/ Change Orders: Review Contractor's request to submit a Change Order to ensure it meets the scope of the project and is priced using the original bid line-item unit price. EOR will prepare the City's Change Order form, obtain Contractor's approval and City's approval, and distribute fully executed Change Order to all parties. 2.4 Progress Meetings (By City) 2.5 Pay Applications: Review calculations and verify quantities for Pay Applications submitted by Contractor. The consultant will certify all Pay Applications and submit to the City for payment processing. 2.6 Project Closeout: 2.6.1 Substantial Completion Walk Through: Complete a substantial completion walk through and prepare a punch list of items that are found to be deficient and should be addressed prior to final completion. 2.6.2 Final Completion Walk Through: Complete the final completion walk through and prepare the Certificate of Project Completion to certify project is completed to the standards of the plans and specifications. 2.6.3 Grant Close Out: Provide Grant Close-Out documents for completion of construction activities, as needed. Task 2 = Project Inspection 3.1 Part Time Inspection: Provide a part-time, limited field representative during construction to help identify any deviations by the Contractor from the conformed set of engineered drawings. The Consultant will provide up to 4 hours a day, five days a week of inspection/monioring services during the actual construction activity for up to 6 weeks. Gortemoller Engineering, Inc. GE The Consultant will observe the Contractor's work to determine the progress and quality of work, identify discrepancies, report significant discrepancies to the City, and direct the Contractor to correct such observed discrepancies when providing inspection and monitoring services. Only when providing inspection services, the Consultant will monitor and inspect the Contractor's Work. Zone Traffic Control, in accordance with FDOT procedures. 3.2 Weekly Inspection Reports: Prepare Inspection Reports with reports submitted to the City on a weekly basis. The purpose of the reports is to document the progress of the construction and to identify any pending issues with the Project. Task 4 - Materials Sampling and Testing Review (By City) 4.1. Material Sampling and Testing: The Contractor shall provide all testing of the construction materials in accordance with the Specifications and Contract Documents such as density testing for sidewalk, density testing for drainage pipe, etc. 4.2. Materials Testing Review: The City will be specifically responsible for reviewing the verification testing and determine the acceptability of all materials and completed work items on the basis of test results or other methods of verification suitable to the City. Gortemoller Engineering, Inc. GE City of Mexico Beach 15th Street Pedestrian Bridge Construction Oversight and Certification Fee Summary FEE SUMMARY Task 1 - Constructability Review (Not Included) Task 2 - Construction Administration Task 3- Project Inspection Task 4 - Materials Sampling & Testing Review (By City) Limiting Amount $33,600.00 * Limiting amount is based on actual time spent per Schedule of Hourly Rates Not to exceed without prior authorization from the City. Schedule of Hourly Rates Senior Engineer 2 $252.00 Senior Engineer 1 $213.00 Engineer 2 $168.00 Engineer 1 $157.00 Engineering Intern $108.00 Engineering Technician $97.00 CEI Inspector $108.00 Administration $83.00 GAGEINCIProjectslAA-Public/City of Mexico BeachProfessionalbngineringsenicestgreememtTWo- 0115MPedBridge.CENTWOOLSASeePPadBndg.cA,0123201232025.DRAFT.doc co 6 S 9 1 8 8 N f - F 6 F 4 4 4 $ - d S do C 6 6 6 9 2 4 2 2 6 D - nginennngs i Mspaction ghdhoten P. 850.215.1285 F. 850.215. 1286 450 Magnolia Avenue Panama City, FL 32401 February 10, 2025 Mr. Chris Truitt City Administrator City of Mexico Beach 201 Paradise Path Mexico Beach, Florida 32456 Sent via email to: c.truitt@mexicobeachfl.gov RE: MEXICO BEACH 15TH STREET PEDESTRIAN BRIDGE PROFESSIONAL DESIGN, ENGINEERING, PERMITTING, AND BIDDING SERVICES = REVISION 1 ANCHOR PROJECT NO. 1328.002 = REV 1 FDOT Project ID NO. 453196-1 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, engineering, permitting, and bidding of the Florida Department of Transportation (FDOT) Mexico Beach 15th Street Pedestrian Bridge grant project. Anchor previously submitted a proposal to the City of Mexico Beach in February 2024, which included Construction Administration and Inspection services. This proposal does not include Construction Administration and Inspection services and is a revision to the previously approved proposal. This revision was required as FDOT does not allow the design Engineer to also complete inspection services for the same project. PROJECT BACKGROUND From information collected, it is Anchor's understanding that the City received Grant Funding from the FDOT District 3 through a request made to the Florida Senate Local Funding Initiative (FY 2023-2024) for the design, permitting, bidding and construction of a 100- to 150-foot long by 8-foot-wide pedestrian bridge (with railing) which will create safe passage for pedestrians who travel along 15th Street and who must cross over a major drainage canal, which crosses under 15th Street. This project was funded by FDOT because the heavily travelled 15th Street (also known as CR 386 Alt.) directly connects to CR 386 (an FDOT-designated collector road). Furthermore, motorists who travel along CR 386 use 15th Street to bypass U.S. Highway 98 when traveling into Mexico Beach. The existing vehicular bridge on 15th Street is only a two lane-two way bridge, with no roadway shoulder, no existing sidewalks, and there is no room to currently add sidewalks. Currently, bicyclists and oedestrians traveling to the beach are required to enter into the 15th Street travel lane for approximately 225 feet while crossing the bridge. It should be noted that the vehicular bridge is also on a curve which creates line of sight issues versus reaction time of both drivers and pedestrians. During the summer and tourist seasons 2025-01-31_15th St Pedestrian Bridge REV1 TO REMOVE CEI Page/1 MEXICO BEACH 15TH STREET PEDESTRIAN BRIDGE PROFESSIONAL DESIGN, ENGINEERING, PERMITTING, AND BIDDING SERVICES ANCHOR PROJECT NO. 1328.002 - REV1 - - FDOT Project ID NO. 453196-1 FEBRUARY 10, 2025 there is a significant increase in both vehicular and pedestrian traffic to the beach along this roadway which is a safety concern to drivers and pedestrians residents/tourists). Anchor will provide the below services for this project. SCOPE OF SERVICES Task A. Preliminary Analysis and Preliminary Design Anchor will review existing conditions of the site, collect information from the City, and other investigative work as it relates to this project. Anchor will then create preliminary drawings based on the data collected. Upon approval of the preliminary design, Anchor will move to Final Design of the project. Task B. Surveying Services (By Others) Anchor will coordinate with a State of Florida Registered Professional Land Surveyor to provide boundary and topographic survey data of areas dentified above, to include right- of-way limits, topography, mean high water, utilities, trees, and any other topographical elements that would assist with the design within the proposed corridor of the pedestrian bridge location. Task C. Geotechnical Services (By Others) Anchor will coordinate with a State of Florida Registered Professional Geotechnical Engineer to perform soil borings/hand auges of the upland areas where the bridge will connect to land on either side of the stormwater canal to determine soil conditions for the bridge design. The geotechnical investigation will include performing two (2) cone penetrometer soundings to a depth of 50 feet below the existing ground surface. Also included in the geotechnical investigation will be direct push borings to verify soil conditions encountered within the depth of our cone soundings. Upon completion of the field and laboratory testing, an engineering report will be provided. Task D. Structural Design Services (By Others) It is Anchor's understanding that this will be a pre-fabricated pedestrian bridge. Anchor will coordinate with a State of Florida Registered Structural Engineer who will design the foundation and prepare the specification(s) for the bridge. The structural engineer will also coordinate with the bridge manufacturer who will be provided the drawings and other necessary documentation for the pre-fabricated pedestrian bridge. Task E. Environmental Services (By Others) Anchor will coordinate with an Environmental Consultant who will prepare the Water Management District (WMD) permitting applications. The Environmental Consultant will coordinate and meet with the WMD onsite as needed and will respond to all requests for additional information until permit approval is acquired. Based on Anchor's correspondence with the Environmental Consultant, and ERP permit and State 404 permit will be required. It does not appear that an FWC or FDEP permit is required for this project, however if it is determined an FWC and FDEP permit is required and amendment to this scope of services will be prepared for approval. Task F. Final Design Anchor will provide civil construction plans and specifications for the project. This effort will include the design of the approach on either side of the bridge, the pedestrian facilities 2025-01-31_15th St Pedestrian Bridge REV1 TO REMOVE CEI Page/2 MEXICO BEACH 15TH STREET PEDESTRIAN BRIDGE PROFESSIONAL DESIGN, ENGINEERING, PERMITTING, AND BIDDING SERVICES ANCHOR PROJECT NO. 1328.002 - REV1 FDOT Project ID NO. 453196-1 FEBRUARY 10, 2025 connecting this bridge to the existing pedestrian facilities, finalized structural bridge design, erosion control and SWPPP plan, grading plan, drainage plane, signage (if required) 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. Ifitis 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. Bidding and Procurement Anchor will assist the City in the following bidding and procurement tasks: Developing a cost estimate. Assisting in advertising the Bid with Panama City News Herald or any other publication that may be required by the Grant. Prepare a digital set of plans and specs for City use during bidding phase. Responding to Requests for Information from Bidders. 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 H. Project Management Anchor will coordinate with subcontractors who will perform the surveying, geotechnical engineering, and structural design, if needed. The fee for this task covers the time for Anchor to coordinate these subcontractors, review their scope of services, review their reports and or designs, interpret reports, where necessary, oversee testing, schedule the work and other project management tasks as appropriate. This task also includes client or agency meetings and coordination, as well as grant closeout requirements. DELIVERABLES Anchor will provide the following deliverables to the City: One digital (Adobee PDF) copy of the preliminary civil drawings and specifications for review. One digital (Adobe@ PDF) copy of the final civil drawings and specifications signed and sealed by a State of Florida Registered Professional Engineer. One digital (Adobe@ PDF) copy of all Permit Approvals. One digital (Adobe@ PDF) copy Drainage Report, Geotechnical Report, Stormwater Calculations, and Stormwater Modeling. One digital (Adobe@ PDF) copy of the cost estimate. 2025-01-31_15th St Pedestrian Bridge REV1 TO REMOVE CEI Page/3 MEXICO BEACH 15TH STREET PEDESTRIAN BRIDGE PROFESSIONAL DESIGN, ENGINEERING, PERMITTING, AND BIDDING SERVICES ANCHOR PROJECT NO. 1328.002 - REV1 I I FDOT Project ID NO. 453196-1 FEBRUARY 10, 2025 PROFESSIONAL SERVICES FEES The services listed above shall be performed for the lump sum fee of $60,230.00, as detailed below: Task A. Preliminary Analysis and Preliminary Design $4,065.00 Task B. Surveying Services (by others) $4,500.00 Task C. Geotechnical Services (by others) $8,650.00 Task D. Environmental Services (by others) $3,820.00 Task E. Structural Design Services (by others) $25,000.00 Task F. Final Design $7,195.00 Task G. Bidding and Procurement $2,800.00 Task H. Project Management $4,200.00 Total $60,230.00 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. Permitting associated with FDOT or City of Mexico Beach. Should it be determined a permit must be obtained from FDOT or the City of Mexico Beach, an amendment to this scope of services will be prepared for approval. Permitting Application Fees, if any (application, permit, service, etc.) Construction administration and inspection services 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. Elizabeth S. Moore, P.E. President EKT/em Attachments Attachment A = Combined Task Order and Notice to Proceed C: Ms. Emily Thomasee, Project Manager, Anchor cromasse@arcorei.com Ms. Mandy O'Regan, Planning Technician, Anchor tmoregan@anchorel.con 2025-01-31_15th St Pedestrian Bridge REV1 TO REMOVE CEI Pagel4 ATTACHMENT A COMBINED TASK ORDER AND NOTICE TO PROCEED TASK ORDER NO. 1328.001 - REV1 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 January 23, 2024, (the Agreement"), the terms, conditions and definitions of which are incorporated herein as if set forth in full. Pursuant to the Agreement, Consultant agrees to perform the specific tasks set forth upon incorporated proposal letter dated February 10, 2025 relating to the project known as Mexico Beach 15th STREET PEDESTRIAN BRIDGE. Consultant's total compensation shall be a stipulated lump sum of $60,230.00. 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 City Of Mexico Beach, ENGINEER OF RECORD is directed to proceed. Parties have caused these presents to be executed in their names on the date shown. ANCHOR CONSULTING ENGINEERING AND INSPECTION, Inc. Elizabeth S. Moore, P.E., President Date CITY OF MEXICO BEACH, FLORIDA Chris Truitt, City Administrator Date D MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # Meeting Date: 3-11-25 Department: Admin Consent Regular Closed Public Hearing: Yes No Agenda Agenda Session Date of Public Hearing: PRESENTERINPORMATON CONTACT: Chris Truitt ITEMTO BE CONSIDERED Subject: Peddler Ordinance 2nd Read Attachment(s): 2-25-25 Abstract Ordinance 848 Brief Summary: This is the second read for the peddler ordinance, allowing peddling in general commercial and tourist commercial, but prohibiting peddling at any residential buildings. This version includes the change go 111.04(G) to remove dressed meats, fowl and add i.e., from an approved roadside stand or in a farmer's market type arrangement. Action Requested: The City Council should pass the ordinance. ISSUE OVERVIEW: Background Information & Issue Summary: This is a follow-up to the ordinance provided at the 10-12-24 Council meeting and 1st read on 2-25-25. Financial Impacts: Attorney time to review, cost to publish. Staff RecommendationsCommens Approve the ordinance. MEXICOBEACH a City Council For Clerk's Use Only Agenda Abstract Form AGENDAI ITEM # % Meeting Date: 2-28-25 Department: Admin Public Hearing: Yes B No Consent Regular Closed Agenda Agenda Session Date of Public Hearing: PRESENTENINFORMATON CONTACT: Chris Truitt ITEM TO BE CONSIDERED Subject: Peddler Ordinance Attachment(s): Ordinance 848 Brief Summary: The City Council has requested revisions to the current soliciting/peddling ordinance to prohibit or deter, to the greatest extent possible, door-to-door solicitations. The City Attorney suggested changes which were presented during the 10/12/24 Council meeting. After receiving feedback from the Council, the Administrator determined that the general consensus was to disallow peddling at residential locations. Action Requested: The City Council should determine if the consensus to disallow peddling at residential locations would be met by this ordinance. It states specifically: (A) Peddling is allowed in two specific zoning categories: General Commercial and Tourist Commercial, but within those land use categories/that zoning, peddling shall not be allowed on any property on which a residential structure of any kind is located (regardless of whether a single-family or multi-family structure). The Peddler must coordinate and obtain written permission from an existing or established business owner located in the zoning categories previously mentioned authorizing peddling. ISSUE OVERVIEW Background Information & Issue Summary: This is a follow-up to the ordinance provided at the 10-12-24 Council meeting. Financial Impacts: Attorney time to review, cost to publish. Staff RecommendatonsConmmens ORDINANCE 848 AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING ORDINANCE NO. 581 CODIFIED IN CHAPTER 111 OF THE CODE OF ORDINANCES; ADDING DEFINITIONS; CLARIFYING LICENSING AND OPERATIONAL REQUIREMENTS; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FOR INCLUSION IN THE CODE, REPEAL OF CONFLICTING PROVISIONS, SEVERABILITY, CORRECTION OF SCRIVENER'S ERRORS, AND LIBERAL CONSTRUCTION; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MEXICO BEACH, FLORIDA AS FOLLOWS: SECTION 1: INDEX AMENDMENT. The Index for Chapter 111 of the Mexico Beach Code of Ordinances is amended as follows: 111.01 DEFINITIONSPEDDEER € - ING-REQUIRED 111.02 PEDDLER LICENSING REQUIREDFEE 111.03 FEECANVASSING-OR-SOLICIPING 111.04 EXCEPTIONS 111.05 ALLOWABLE-PEDDLING LOCATIONS 111.06 PROHIBITED HOURS OF PEDDLINGVICEAPION 111.07 VIOLATIONS 111.08 PENALTIES FOR VIOLATIONS SECTION 2: TEXT AMENDMENTS. Chapter 111 of the Mexico Beach Code of Ordinances is amended as follows: S 111.01 DEFINITIONS "Aggressive Manner" means: (A) Approaching or speaking to a particular person or persons, or physically following a particular person or person before, during, or after peddling or soliciting, if that conduct is intended or likely to cause a reasonable person to: (1) Fear bodily contact or harm to oneself or to another, or damage to or loss of property; or (2) Otherwise perceive a threat or intimidation to give money or other thing of value. or (B) Intentionally touching or causing physical contact with another person or a vehicle operated by another person, without that person's consent, in the course of peddling or soliciting; or (C) In the course of peddling or soliciting, intentionally blocking or interfering with the safe or free passage of any pedestrian or vehicle by any means, including causing any pedestrian or vehicle operator to take evasive action to avoid the peddling or solicitation; or (D) Forcing oneself upon the company of another by continuing to peddle or solicit the person addressed after that person has made a negative response by oral utterance, by physical sign, by attempt to leave or avoid the presence of the person peddling or soliciting, or by other negative indication; or (E) Peddling or soliciting on any public sidewalk or pedestrian area of a public right-of-way in a group of two (2) or more persons appearing to a reasonable person to be engaged in peddling or soliciting and to be associating with each other for that purpose. "Peddler" means any individual without a fixed established place of dealing or business in the City, whether a resident of this City or not, traveling by foot, wagon, motor vehicle or any other type of conveyance from place to place, from house to house, or from street to street for the sale of, as well as selling, offering for sale or taking or attempting to take orders for the sale of goods, wares, merchandise retail products or food or other personal property of any nature whatsoever for future delivery or for immediate delivery in the case of retail products or food, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or not or whether he or she is collecting advance payments on such sales or not; such definition shall include any individual that seeks a future engagement or appointment for the sale of such goods and/or services, for himself or for another individual; such definition shall further include any person who, for himself, herself or for another person, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery or for offering high cost items, including motor vehicles, for immediate or future sale, with or without trade- ins or financing agreements. The term "high-cost item" shall mean a single piece of personal property, including but not limited to a motor vehicle, with a fair market value in excess of $1,000.00 (one thousand dollars). The word "Peddler" shall include the terms "canvasser," "solicitor", "transient or itinerant photographer". The term "peddler" shall not include any person holding a valid beach vending permit or beach delivery permit under chapter 114 of the code of ordinances of the city. "Peddle" or "Peddling" means the acts of a peddler. S 111.012 PEDDLER LICENSING REQUIRED. (A) It shall be unlawful for any person to engage in business as a peddler without first obtaining a city peddler's license. The registrant shall complete an application for a peddler's license, providinggive his or her complete identification, his or her signature, the name of his or her employer, the nature of the products or services in which he or she intends to peddle, the duration of the peddling activities and a document evidencing written permission from the property owner where the peddling will occur. (B) Every peddler having a license issued under the provisions of this chapter and while doing business within the city shall display his or her license upon the request of any person. (C) Every license issued under the provisions of this chapter shall be valid for a period outlined in the license, not to exceed six months. (D) Any license issued under the provisions of this chapter may be revoked by the city for the violation by the licensee of any applicable provision of this code, state law, or city or county ordinance, rule or regulation. S 111.023 FEE. Each registrant shall pay to the City Clerk a licensing fee of $50 for the period expiring six months after the date of said licensing, or $15 for a two-day license. No city license shall be issued involving the sale of retail food products, neither temporary nor permanent without prior approval by the State Department of Agriculture. 111.03 CANVASSING OR-SOLICETING- Ne perser all 66 € eerporate Limits ef the - eity- S 111.04 EXCEPTIONS. The provisions of this chapter shall not apply to the following: (A) Sales made to permanent merchants by commercial dealers selling in the usual course of business; (B) Sheriffs, law enforcement, bona fide assignees, receivers or trustees in bankruptcy, or other public officers selling goods, wares and merchandise according to law; (BC) Solicitations or sales made by charitable, educational or religious organizationsimstitutions; (ED) Canvassing or soliciting for political reasons concerning federal, state, county or local elections solicited in accordance with federal, state or local elections laws; eF (DE) Youth-oriented organizations such as Girl Scouts, Boy Scouts, school-related fund raisers and the like-i (F) Special event sales by merchants or motor vehicle dealers who maintain fixed established places of business within the City, whether conducted at their fixed places of business or elsewhere in the City; (G) Bona fide residents of the state selling fruits, vegetablesr tressed-meater fowl or farm products which were produced on land within the state, owned or controlled by such vendor; i.e, from an approved roadside stand or in a farmers' market type arrangement; (H) Food, grocery and package delivery companies and the like, examples of which include pizza or food delivery, or packages previously purchased or mail deliveries; or (HI) Any person for whom the City Council waives the applicability of this chapter. 4 S 111.05 ALLOWABLE-PEDDLING LOCATIONS. (A) Peddling is allowed in two specific zoning categories: General Commercial and Tourist Commercial, but within those land use categories/that zoning, peddling shall not be allowed on any property on which a residential structure of any kind is located (regardless of whether a single-family or multi-family structure). The Peddler must coordinate and obtain written permission from an existing or established business owner located in the zoning categories previously mentioned authorizing peddling. (B) Peddling on or from vacant property is not allowed. Except as limited by S 114.05 of the code of ordinances. (C) Any peddling which is proposed from a location on the privately owned beach also requires City Council approval and a separate beach vending permit. (D) Peddling on any private premises is not allowed when such premises is posted with a sign stating "No Peddlers Allowed" or "No Solicitations Allowed" or other words to such effect. $1 111.06 PROHIBITED HOURS OF PEDDLING . It shall be unlawful for any peddler to engage in the business of peddling within the city between the hours of 6:00 p.m. (or after sunset if earlier than 6:00 p.m.) to 9:00 a.m. the following morning, or at any time on Sundays or state or federal holidays, except by specific appointment with or invitation from the prospective customer. S 111.07 VIOLATIONS. It shall be a violation of this chapter to do any of the following: (A) Peddle or solicit in an Aggressive Manner. (B) Make false or fraudulent statements concerning the quality of his or her goods, wares, merchandise or services for the purpose of inducing another to purchase the goods, wares, merchandise or services. (C) Make false or fraudulent statements concerning any warranties offered with a high cost item, the title to any motor 5 vehicle offered for sale, or how or when the peddler shall pay- off and clear any liens on a motor vehicle taken as a trade-in as part of the transaction. (D) Give any false or misleading information in connection with their application for a license required by this chapter. (E) Enter upon premises owned, leased or rented by another to refuse to leave such premises after having been notified by the owner or occupant of such premises, or his or her agent, to leave the premises and to not return to such premises. (F) Peddle without a valid license from the city. (G) Violate any provision of this chapter. S 111.68 PENALTIES FOR VIOLATIONS. Any person or persons violating this chapter is guilty of a misdemeanor of the second degree, punishable as provided by other provisions of the code of ordinances, not to exceed the penalty provisions of state statutes; i.e., imprisonment in the county jail not to exceed 60 days and/or a fine not to exceed $500.00, or both for each violation. In addition to and not in lieu of any criminal enforcement, this chapter may be enforced by any code enforcement officer of the city pursuant to the terms of the city's code of ordinances. SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the City Council that the provisions of this ordinance shall become and be made a part of the Mexico Beach Code of Ordinances, and that the sections of this Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. SECTION 4. REPEAL OF CONFLICTING PROVISIONS. All ordinances, parts of ordinances, resolutions, or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 5. SEVERABIDITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, declared by the courts to be 6 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. SECTION 6. CORRECTION OF 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 7. 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 8. 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 March, 2025. CITY OF MEXICO BEACH, FLORIDA 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 Ptrwek-throug-type. 7 MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM# # % Meeting Date: 3-11-25 Department: Admin Consent Regular Closed Public Hearing: Yes R No Agenda Agenda Session Date of Public Hearing: PRESENERINPORMATON CONTACT: Chris Truitt ITEM TOE BE CONSIDERED Subject: Ordinance 851 - Beach and Dune Protection 2nd Read Attachment(s): Abstract 2-11-25 Ordinance 851 -Beach and Dune Protection, Business Impact Statement Brief Summary: This is ai follow up to the 2-11-25 first read. The first read contained language limiting the protected area to dunes south of 98 from the 8th St. outfall to the Gulf County line. The amended version removes that exclusion, protecting the city-owned or controlled dunes from the city line in the west to county line in the east. It also includes language explaining changes that need to be made to reconcile the LDC description of the protected area (8th to the county line) with the zoning map (city line to county line). 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 RecommendationsCommens Staff recommends approving the ordinance and will seek assistance from the Sheriff's Office to enforce. MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # Meeting Date: 2-11-25 Department: Admin Consent Regular Closed Public Hearing: Yes R No Agenda Agenda Session Date of Public Hearing: PRESENIERINFORMATON 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 & IssueSummary: 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 Recommendaton.Commens Staff recommends approving the ordinance and will seek assistance from the Sheriffs Office to enforce. ORDINANCE NO. 851 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MEXICO BEACH, FLORIDA, AMENDING THE BEACH AND DUNE PROTECTION ZONE IN SECTION 4.03.04C (CODIFYING ORDINANCE NO. 711); ADDING CHAPTER 99 OF THE CITY OF MEXICO BEACH CODE TO CREATE TO BE ENTITLED "BEACH AND DUNE PROTECTION, n 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. 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. Section 4.03.04C of the City's Code of Ordinances (codifying Ordinance No. 711) is hereby amended as follows: C. Beach and Dune Protection Zone 1. There is hereby created the "Beach and Dune Protection Zone" in which special restrictions on development apply. 2. The Beach and Dune Protection Zone boundaries encompass beaches and dunes designated Preservation -Pvwre-iamtsae Map-ef the Cemprehensive Planbeach and dune area owned or controlled by the City south of U.S. 98 between Gulf County line on the east and the western City limit. The "Preservationy 1 designatien-ensempasses-lends-south- - : E-Hetweer-##-Stret and the eastern City limit and lands seaward of the Coastal Censtruetien-Comtrel-line (CCCL)- The City shall redefine itsthe entire foregoing area and any beach and dune area that may be owned or controlled by the City as having a Preservation" designation on the City's Future Land Use Map of the Comprehensive Planeny-ehanges-te rAe te the-beundarie-et the-ceeL. Section 2. Creation. Chapter 99 of the Code of the City is hereby created as follows: CHAPTER 99: BEACH AND DUNE PROTECTION S 99.01. 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 ("LDC"). The regulations are intended to 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. S 99.02.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 Code. 2 S 99.03. 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. 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. 3 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. S 99.04. 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; (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 except through designated dune walkovers or through approved beach access points; (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; (14) Operate, conduct or locate a business; or (15) Light or maintain any open fire. 4 S 99.05. 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 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. (g) Persons with valid beach vending permits shall access any permitted local only through approved beach access walkways or sites. Sec. 99.06. 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. 5 (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. Section 3. 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 6 Statute, the provisions of the Florida Statute shall prevail. Section 4. 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 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 Code of the City. The sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention, and the word ordinance" may be changed to "section, 1 "article," or other appropriate word. Section 7. Repeal of Contlicting 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 8. Effective Date. This Ordinance shall take effect immediately upon its passage. 7 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 SEreH-throUg-tyPe. 8 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 CITYS CUNE 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 law1 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; 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; 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; The proposed ordinance is an emergency ordinance; 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; 1 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 orovisions 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: 03-11-25 Department: Admin Public Hearing: Yes No Agenda Consent Agenda Regular Closed Session Date of Public Hearing: PRESENTERINFORMATON CONTACT: Sandy Walker ITEM TO BE CONSIDERED Subject: Amendment to Policy and Procedures per FDEM and FROC requirements Attachment(s): Eligibility for Meals During an Emergency Policy Brief Summary: FDEM and FROC requires Eligibility for Meals During an Emergency in the Policy and Procedures for the City. Action Requested: Recommend approval. ISSUE OVERVIEW Background Information & Issue Summary: FDEM and FROC require the above written policies to be implemented into the city's Policy and Procedures Manuel. Financial Impacts: None Staff FecommendalonsCommens Staff recommends approval. Eligibility for Meals During an Emergency A) Employees and Volunteers: Both employees and volunteers who are engaged in emergency response or disaster-related work can be eligible for meal provisions, provided they meet the criteria for eligible emergency work and that they are not receiving per diem or other meal stipends. B) Emergency Operations Centers: Personnel working in EOCs or similar facilities are considered to be engaged in eligible emergency work, making them eligible for meals, as long as they are not receiving per diem or other meal stipends. & & / MBXICOBEACH - L 0 R D. A Amendment to the Policy and Procedure Manual adding Eligibility for Meals During an Emergency reviewed and adopted on the 11th Day of March 2025 by the City ofMexico Beach City Council. Mayor, Richard Wolff City Administrator, Chris Truitt City Clerk, Tammy Brunson MEXICOBEACH D City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # Meeting Date: 3-11-25 Department: Fire Consent Regular Closed Public Hearing: Yes K No Agenda Agenda Session Date of Public Hearing: PRESENTERINPORMATON CONTACT: Chris Truitt ITEM TO BE CONSIDERED Subject: Mutual Aid Agreement for Fire Protection with Panama City, FL Attachment(s): Mutual Aid Agreement for Fire Protection Brief Summary: Emergency services departments create mutual aid agreements with neighboring jurisdictions to provide the legal framework by which one municipality can assist or receive assistance from a neighboring municipality. This agreement provides that framework between Mexico Beach and Panama City. Action Requested: Approve or deny mutual aid agreement. ISSUE OVERVIEW Background Information & Issue Summary: Mutual aid agreements are common and necessary, providing the legal framework and protections for providing emergency services across municipal borders. This agreement is between Mexico Beach and Panama City. The agreement allows either party to request, but not require, assistance from the other. f resources are available, they will be sent. There is no requirement to send, however. The agreement waives all claims against the other party for loss, damage, injury, or death in consequence of the performance of the agreement. It also specifies that all services performed shall be rendered without reimbursement. Financial Impacts: None Staff Recommendaton.Commens Approve the Mutual Aid Agreement for Fire Protection MUTUAL AID AGREEMENT FOR FIRE PROTECTION This agreement entered into by and between the City of Panama City, Florida and City of Mexico Beach, Florida, on this the day of This agreement shall remain in effect until modified or canceled by either party with a minimum of 30 days written notice. WITNESSETH: WHEREAS, the City of Panama City is a municipality of the State of Florida established and empowered to operate, maintain, and protect the properties of the City of Panama City and all activities within its boundaries and to promote the safety of said City and the public therein, WHEREAS, the City of Mexico Beach is a municipality of the State of Florida established and empowered to operate, maintain, and protect the properties of the City of Mexico Beach and all activities within its boundaries and to promote the safety of said City and the public therein, WHEREAS, each of the parties hereto maintains equipment and personnel for the suppression of fires and other emergencies within its own jurisdiction and area, and WHEREAS, the parties hereto desire to augment the emergency services available to their various fire districts and municipality in the event of large fires, conflagrations or other emergencies, and WHEREAS, the lands or districts of the parties hereto are adjacent or contiguous sO that mutual assistance in emergencies is deemed feasible, and WHEREAS, it is the policy of the fire departments and their governing bodies to enter suchagreements wherever practicable, and WHEREAS it is mutually deemed sound, desirable, practicable and beneficial for the partiesto this agreement to render assistance to one another in accordance with these terms; THEREFORE BE. IT AGREED THAT- 1. Whenever it is deemed advisable by the Incident Commander present at any fire or other emergency, to request mutual aid assistance under the terms ofthis agreement, the Incident Commander is authorized to do sO, and the senior officer on duty of the fire department receiving the mutual aid request shall take the following action. a. Determine the exact needs of the Incident Commander at the scene of the emergency. b. Immediately determine if apparatus and personnel are available to respond to the incident. C. Determine what apparatus and personnel to be dispatched. Page 1 of 3 MUTUAL AID AGREEMENT FOR FIRE PROTECTION d. The senior officer at the receiving fire department shall have the appropriate apparatus and personnel dispatched to the incident scene. e. The responding personnel shall report to the Incident Command Post upon arrival to the incident scene. They shall follow the instructions of the Incident Commander. f. The senior officer at the receiving fire department shall notify the Chief Officer on Call of the request and dispatch of apparatus and personnel as soon as reasonably possible. 2. Rendering mutual aid assistance under the terms of this agreement shall not be: mandatory, but the party receiving the request for mutual aid assistance shall immediately inform the requesting party, if, for any response, mutual aid assistance cannot be rendered. Each municipality retains the right to recall any assistance provided outside of their city limits should circumstances within their jurisdiction dictate its immediate need. 3. Each party to this agreement waives all claims against the other party or parties for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of this agreement. 4. All services performed under this agreement shall be rendered without reimbursement of either party or parties. 5. The Incident Commander of the requesting fire department shall assume full command of operations. However, if the Incident Command requests to transfer command to the senior officer of the assisting fire department, the Incident Commander of the requesting fire department shall not, by relinquishing command, be relieved of the responsibility of the operation. The apparatus, personnel and equipment of the assisting fire department shall be under the immediate supervision and responsibility of the senior officer of the fire department rendering assistance. 6. The Operational Chiefs of the fire department of the parties of this agreement are authorized to meet and draft detailed plans and procedures of operations necessary to effectively implement this agreement. Such plans and procedures of operations shall become effective upon ratification by signatory parties. 7. This agreement shall become effective upon the execution and shall remain in full force and effect, until canceled by mutual agreement of the parties hereto or written notice by one party to the other, giving a thirty (30) day notice of said cancellation. Page 2 of 3 MUTUAL AID AGREEMENT FOR FIRE PROTECTION IN WITNESS WHEREOF, the parties hereto cause the duly authorized signature to be affixed this day of CITY OF PANAMA CITY CITY OF MEXICO BEACH Mayor, City of Panama City Mayor, City of Mexico Beach City Clerk, City of Panama City City Clerk, City of Mexico Beach Approved as to form and legality for the City of Mexico Beach only: City Attorney, City of Callaway Page 3 of 3 MEXICOBEACH 0 a City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # % Meeting Date: 3-11-25 Department: Fire Consent Regular Closed Public Hearing: Yes R No Agenda Agenda Session Date of Public Hearing: RESENERINFORMATION CONTACT: Chris Truitt ITEM TO BE CONSIDERED Subject: Fire Department SUV and UTV Purchase Attachment(s): Buyer's Order/Bill of Sale from Adrenaline Rush Motorsport - U Force XL for $16,498 Buyer's Order from Wards Yamana - R24T6A99A1 for $18,788.97 Buyer's Order from Wards Yamaha - 008SRB00 for $22,329.17 Quote from Brannon - 2024 Tahoe 4x4 for $63,622.40 Brief Summary: The existing fire utility truck (Chevy 1500) is inoperable due to a computer issue that we have not been able to repair; repairs would exceed a reasonable amount for the vehicle. The current UTV is only a four-seater and is also aging; the fire department needs a six-seater to be able to shuttle additional staff and/or family members. There is currently a balance of $148,370.91 in the Fire Impact Fee Fund. Fire is requesting using those funds for a new truck ($61,522.40 fully outfitted) and new UTV ($16,498 fully outfitted). Action Requested: Approve the purchases and use of impact fees. ISSUE OVERVIEW Background Information & Issue Summary: The Chevy 1500 was purchased in 2007 and has 111,052 miles and is currently inoperable due to a computer issue; attempts to repair have been unsuccessful, The Chief's truck (Ford Explorer) was purchased in 2016 and has 159,576 miles buti is in good condition. We can extend the life of the Explorer by removing it from daily use by the Chief; it will last several more years as a utility truck for the fire department. This request is to purchase a new truck for the Chief and then shift the Explorer to use as a utility truck. The new vehicle purchase will be done by piggybacking on a state contract. The purchase price is $56,000 plus $7,622.40 for lights, siren, and related equipment for a total of $63,622.40 The request is also to purchase new UTV (side-by-side) with six seats and room on the back for a patient on a backboard. This will cost $16,498. The current UTV only has four seats; the additional seats will give fire the ability to move more personnel more quickly to the beach as well as carry family members of the injured back to the highway. The Fire Department originally had a six-seater but it was lost in Michael. The current four-seater SUV was bought in 2019 with the insurance money from that loss. The existing UTV will become a back-up for fire as well as made available for Public Works and Code Enforcement to use as needed. It has 580 hours and 5300 miles on it. Financial Impacts: None Staff RecommendatonsCommens The City Administrator and Fire Chief Florida Buyer's Order I Bill of Sale Dealer/Seller Name and Address Buyer Name, Address, Phone. Email Buyer Name, Address. Phone, Email ADRENALINE RUSH MOTORSPORT LLC MEXICO BEACH FIRE RESCUE 1901 WEST 15TH: STREET DONALD WALKER PANAMA CITY. FL 32401-1748 201 PARADISE PATH COUNTY BAY MEXICO BEACH. FL 32410- PHONE. (850)874-2185 COUNTY BAY NIA N/A (850) 704-9190 NIA (850) 339-4514 Mo. of birth NIA Mo. of birth NIA Date 01/15/2025 Stock No. 1880 Salesperson HOUSE App. No. Contract No. 1900 Definitions. Contract refers to this Buyer's Order. Buyer, you and your refer to each Buyer signing this Contract. Dealer, Seller, we, us and our refer to the Dealer/Seller. Vehicle means the motor vehicle described in the Vehicle Information section. Trade-in Vehicle(s) refers to each vehicle described in the Trade-in Information section that is being traded to the Dealer/Seller as part of this transaction. Manufacturer refers to the entity that is the maker of the Vehicle. Agreement to Purchase. You agree to buy the Vehicle from us for the amount stated in this Contract. You agree to sign any documents necessary to complete this transaction. You may only cancel this contract according to the conditions described in the Manufacturer or Trade-In sections. If you refuse to take delivery of the Vehicle, we can keep any deposits you have made to us. In addition, refusal to take delivery will make you responsible for our damages, expenses, and attorney's fees in connection to this Contract unless prohibited by the law of Florida. If you do not breach this Contract, any deposits will be used toward the purchase of the Vehicle. Vehicle Information K New J Used Demo Executive J Other Year Make Model Style VIN 2025 CFMOTO U FORCE XL ROV LCELI LVIZAOSM000687 Lic No. Color Odometer Reading BLACK Other This Vehicle has previously been titled, registered, or used as a (check all that apply) D taxicab, - police vehicle, or (3: short-term-lease vehicle. This Vehicle is (check all that apply) D rebuilt or assembled from parts, D a kit car, 3 glider kit D3 replica, L flood vehicle, Dar nonconforming vehicle, D custom vehicle, D street rod vehicle. lr none of the above boxes are checked the Dealer/Seller does not know relevant information about the Vehicle's history. Insurance Information Buyer has arranged the following insurance on the motor vehicle: Insurance Company NIA Policy No. NIA Phone NIA Trade-In Information Trade-in 1 Stock No.: Trade-in 2 Stock No.: Year Make Year Make N/A N/A N/A NIA Model Style Model Style N/A N/A NIA NIA Lic. No. Color Lic. No. Color N/A. NIA N/A NIA VIN Odometer VIN Odometer NIA N/A NIA. NIA. Lienholder Name Lienholder Name N/A Address Phone Address Phone N/A N/A Trade-in Allowance Payoff Payoff good through Trade- In Allowance Payoft Payoff good through $ NIA $ NIA NIA S NIA $ NIA NIA Approved Approved FL volas Compurer Spw E BUY-ORDER-FL Bankers Systems 7/1/2024 E F NOW EXPRESS IMPLED. AS TO CONTENT OR Page 1 of4 FORM. FITNESS FORP PURPOSE OF THISF CONSULT YOUR OWN LEGAL COUNSEL BUYER INITIALS_ COBUYER NITIALS_ r pne e D nnrs 0 1 ANEImE temization ofSale Trade-in Vehicle. You will transfer title to the Trade-in Vehicle to 1. Vehicle Sales Price $ us 14499.00 free of all liens except those noted on this Contract. You give Taxes permission to us to contact the lienholder(s) for payoff 2. Sales Tax information. If the payoff information that we obtain from the $ NIA lienholder(s) differs from the amount disclosed in this Contract, 3. County Tax BAY $ N/A you agree to pay the difference to us if the actual amount of the 4. Other Tax N/A N/A balance owed is greater than the amount listed in this Contract. . Subtotal (Add lines 1 through 4) $ 14499.00 If the actual amount of the balance owed is less than the amount Title, License & Other Fees listed in this Contract, we will pay you the difference. 6. Predelivery Service Fee** $ 100.00. Ify you do not deliver the Trade in Vehicle to us at the time of 7. Electronic Transfer Feet $ NIA the initial appraisal, we may reappraise the Trade-in Vehicle 8. Certificate of Title Fee $ C.OR when it is delivered to us. If the reappraised value is lower than 9. License and/or Registration Fee $ C.OD. the original appraisal, you can cancel this transaction as long 10. Lead-acid Battery Fee $ as you have not taken delivery of the Vehicle. 11. New Tire Fee NIA $ N/A You represent that (a) you are the sole true and lawful owner 12. N/A $ N/A of the Trade-in Vehicle, (b) the Trade- in Vehicle has never been 13. N/A. $ N/A titled under any state or federal brand such as "defective, 14. N/A $ NIA rebuilt, "salvage, "flood, etc., (c) unless you have disclosed 15. N/A $ otherwise in an odometer statement, the mileage of the 16. N/A NIA Trade-in Vehicle shown in this Contract is the actual mileage of $ NA. the Trade-in Vehicle, (d) all emission control equipment is on 17. N/A. $ NIA. the Trade-in Vehicle and is in satisfactory working order, and 18. N/A NIA (e) the frame on the Trade-in Vehicle has not been damaged by 19. N/A $ NIA collision or other event and repaired. If any of these 20. N/A representations are not true, we may elect to cancel the 21. Total Other Fees > N/A transaction. We may also choose to reappraise the Trade-in (Add lines 61 through 20)$ 10000 Vehicle and adjust the Total Balance Due instead of canceling Additional Items the transaction. You agree to immediately pay us the difference. 22. N/A $ N/A. 23. N/A $ NIA 24. N/A $ NIA 25. DESF FEE $ 999.00 26. SURCHARGE $ 900.00 27. N/A. $ NIA 28. N/A. $ NIA. 29. NIA 5 N/A 30. NIA. $ 31. NIA. N/A 5 NIA. 32. Total Additional Items $ 1899.00 (Add lines 22 through 31) 33. Cash Sale Price (Add lines 5+21+32) $ 16498.00 34. Trade-in Allowance $ 35. Trade-in Payoff Balance $ 36. Net Trade Allowance (Line 34-35, if $ N/A. N/A. negative, enter $0 here and enter This area intentionally left blank.] amount on line 45.) 37. Deposit 38. Cash Down Payment $ N/A 39. Other Credit NIA $ 16498.00 40. Other Credit N/A $ N/A 41. Manufacturer's Rebate 5 N/A 42. Deferred Down $ NIA Payment $ 43. Other Down Payment N/A 44. Total Credits (Add lines 36 $ N/A. 45. Trade-in Balance through 43) $ 16498.00 Owing (see line 36) $ 46. Lease Balance Owing NIA 47. Total Balance Due (Line > N/A We may retain or receive a 33-44445+46) S 0.00 others. portion of any amounts paid to *This charge represents costs and such as inspecting. cleaning, and profit to the dealer for items preparing documents related adjusting vehicles, and This is not a State or to the sale. FL Government fee. Compiters Systems inc P PURPOSE OF AS ro E vnne THISF FORM - CONTENT OR one CeAy 2n co TAE CONSULTY a As. YOUR OWNL LEGAL COUNSEL BUYER INITIALS_ BUYORDERE FL 71:2024 COBUYER INITIALS Bankers Systerst Pageznta Wards Yamaha 1209 Hwy 231 South Troy AL 36081 334-566-3942 MEXICO BEACH FIRE DEPT Buyer's Order Date 05/21/2024 Deal No. Salesperson Troy Ward Lienholder None H W - 850-339-4514 Email SWALKER@MEXICOBEACHFLGOV I hereby agree to purchase the following unit(s) from you under the terms and conditions specified. Delivery is to be made as soon as possible. It is agreed, however, that neither you nor the manufacturer will be liable for failure to make delivery. Unit Information New/U Year Make Model Serial No. Stock No. Price (Incl factory options) New 2024 Polaris R24T6A99A1 4XAT6A998R8698205 698205 $16,399.00 Options: UTV PDI PREP $41.97 D Dealer Unit Price $16,399.00 Factory, Options $0.00 Added Accessories $2,691.97 Freight $0.00 Dealer Prep $399.00 Polaris Ranger 1000 Power Steering Kit $700.00 D Cash Price $19,489.97 K-ACCY WNSLD FLIP DOWN,HERC $650.00 D Trade Allowance $0.00 K-ACCY, ROOF, SPORT,CREW $700.00 D Payoff $0.00 PDI LABOR $600.00 D Net Trade $0.00 Net Sale (Cash Price Net Trade) $19,489.97 Sales Tax $0.00 Notes: TaellcanseRegstation Fees $0.00 Document or Administration Fees $299.00 Credit Life Insurance $0.00 Accident & Disability $0.00 Total Other Trade Information Charges $299.00 Sub Total (Net Sale + Other Charges) $19,788.97 Cash Down Payment $0.00 Rebate $1,000.00 Amount to Pay/Finance $18,788.97 Monthly Payment of $0.00 For 0 Months at 0.00% Interest NOTICE TO BUYER: ALL PRICES ARE SUBJEST TO CHANGE WITHOUT NOTICE (1) Do nots sign this agreement before you read it or ifito contains any blank spaces to bet filled in. (2)' You are entitled to a completely filled in copy of this agreement. (3)lfy you defaulti in the performance of your obligations under this agreement, the vehicle may be repossessed and you may be subject to suit andl liability for the unpaidi indebtedness evidenced by this agreement. TRADE-IN NOTICE: Customer respresents that all trade in units described above are free of all liens and encumbrances except as noted. "With. Approved Credit. Interest rates and monthly payment are approximate and may vary from those determined by the lendor. Customer Signature Dealer Signature Thank You for Your Business! Wards Yamaha 1209 Hwy 231 South Troy AL 36081 334-566-3942 MEXICO BEACH FIRE DEPT Buyer's Order Date 05/21/2024 Deal No. Salesperson Troy Ward Lienholder None H W C 850-339-4514 Email S.WALKER@MEXICOBEACHFLGOV Ihereby agree to purchase the following unit(s) from you under the terms and conditions specified. Delivery is to be made as soon as possible. Iti is agreed, however, that neither you nor the manufacturer will be liable for failure to make delivery. Unit Information New/U Year Make Model Serial No. Stock No. Price (Incl factory options) New 2024 Can-Am 0008SRB00 BUCAP41RK002503 002503 $21,399.00 Options: Dealer Unit Price $21,399.00 Factory, Options $0.00 Added Accessories $450.00 Freight $0.00 Dealer Prep $399.00 FULL WINDSHIELD ASSEMBLY $450.00 D Cash Price $22,248.00 Trade Allowance $0.00 Payoff $0.00 Net Trade $0.00 Net Sale (Cash Price Net Trade) $22,248.00 Sales Tax $782.17 Notes: TaellcansalRegistraion Fees $0.00 Document or Administration Fees $299.00 Credit Life Insurance $0.00 Accident & Disability $0.00 Total Other Trade Information Charges $1,081.17 Sub Total (Net Sale + Other Charges) $23,329.17 Cash Down Payment $0.00 Rebate $1,000.00 Amount to Pay/Finance $22,329.17 Monthly Payment of $0.00 For 0 Months at 0.00% Interest NOTICE TO BUYER: ALL PRICES ARE SUBJEST TO CHANGE WITHOUT NOTICE (1) Do not sign this agreement before you read it or ifit contains any blank spaces to be filledi in. (2) You are entitled to a completely filled in copy of this agreement. (3) Ify you default in the performance of your obligations under this agreement, the vehicle may be repossessed: and you may be subjectt to suit and liability for the unpaidi indebtedness evidenced by this agreement. TRADE-IN NOTICE: Customer respresents that all trade in units described above aref free of all liens and encumbrances except as noted. "With, Approved Credit. Interest rates and monthly payment are approximate and may vary from those determined by the lendor. Customer Signature Dealer Signature Thank You for Your Business! 1030: 2nd: Street PO Box7 746 Unadilla, GA31091 RANNEN P: (478) 627-3221F:(478) 627-9550 e.s-SESORARAEN - PUMADIILA, GA 6 INVOICE NO. DATE 03/06/25 City of Mexico Beach CUST. NO. STOCK NO YEAR MAKE MCDEL NEW SERIAL NO. KEY SALESMAN OR USED 2024 Chevrolet Tahoe PPV 4x4 New 1GN5KLED2RR322915 J. Reed PRICE OF CAR $56,000.00 Equipped with: OPTIONALE EQUIP.ACCESS. $7,622.40 Whelen Vertex four corner LEDs Whelen Inner Edge LEDs in top of front windshield Whelen Dominator 8 in top of rear glass Three LEDs along each side running board Whelen HHS3200 hand-held siren/switch controller Whelen SA315P 100 watt speaker Single drawer: slide-out vault system in rear cargo area TAVT UCENSEA AND1 TITUE N/A TOTAL CASH PRICE FINANCING INSURANCE N/A TOTALT TIME PRICE SETTLEMENT: DEP SIT CASH ON DEUVERY USED CAR: TYPE SERIALNO ENGINE NO. PAYMENTS. TOTAL $63,622.40 gm envolve Bid Number 406682 GM Confidential Current Status 7 Express Bid Request Details & Bid Assistance Requested Information Division/ Site Code: 13-08067 Dealer Name: BRANNEN MOTOR COMPANY Model Year:2024 FAN: 000815554 Location: PANAMA CITY Florida Customer Name: COUNTY OF BAY Contact Email: yane/gbamenmoncon Vehicle Information Item Number Model Model Description Options Amount Item Status 01 CK10706 Tahoe 4WD Police Vehicle 9C1 1650 Pending Final Activation MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # % - Meeting Date: 3-11-25 Department: Finance Consent Regular Closed Public Hearing: Yes R No Agenda Agenda Session Date of Public Hearing: PRESENTERINFORMATON CONTACT: Chris Truitt ITEMTO BE CONSIDERED Subject:. Position Name, Duty, and Reporting Changes Attachment(s): Job Description - Utility Billing/Code Enforcement Clerk (Old), Cash Application Specialist (New) Job Description - Utility Billing Supervisor (Old), Utility Billing Specialist (New) Brief Summary: The addition of a Finance Director has provided the opportunity to reevaluate the structure, position names, and duties of several positions. Two position nameldescription changes and one organizational structure change are being recommended. Action Requested: Approve the changes. ISSUE OVERVIEW Background Information & Issue Summary: As Mexico Beach has grown, more staff members have been added and the actual duties performed have changed while the position descriptions have not. With both Mary and Sheri leaving and Vanessa changing positions (to Sheri's position), the new Finance Director examined their existing positions to determine how best to reflect the jobs they actually do for the purposes of performance evaluations and job postings. Sheri's position is being changed from Utility Billing Supervisor to Utility Billing Specialist as that position has no direct reports. It is also being moved from being a direct report of the Utilities Director (Garrett) to being a direct report of the Finance Director (Mike) to better align with jobs and duties with similar job functions. Vanessa's position at the front counter is being changed from Utility Billing/Code Enforcement Clerk to Cash Application Specialist to better align with the duties of that position. Pay scales are currently being reviewed for future Council action, but there is no increase in expenditures for these positions at this time. Any financial impacts would not change until the next budget, if approved. Financial Impacts: None Staff FecommendationsCommens The City Administrator and Finance Director recommend making the changes. old City of Mexico Beach Job Description MEXICOBEACH D A Department: Utilities eparmenvDeveopmen. Services Position: Utility Billing/Code Enforcement Clerk FLSA Status: Non-Exempt Job Summary: Responsible for Customer Service, Utility Billing/Code Enforcement Support. This Position reports to the City Administrator and supports the Utility Billing Department and the City Code Enforcement Officer. Major Duties and Responsibilities: > Provide superior customer service both in person and over the phone > Update customer accounts with payments and incoming service requests > Oversees daily balancing of payments and deposits A Assists in all functions of the Utility Billing Department > Assists with maintaining official City Code Enforcement documents > Provides answers to citizens questions and concerns > Knowledge of Microsoft Office products, Excel spreadsheet proficiency and Outlook software Knowledge of general office equipment, typing skills, 10-key by touch and scanning Assists with filing and record keeping Prepares reports and maintains files, and documents Knowledge, Skills and Abilities: > Knowledge of business math and accounting principles and practices > Knowledgeable in superior customer service Ability to communicate orally and in writing Education and/or Training > High School graduate or equivalency diploma > 2 years' experience in customer service and bookkeeping Work Environment: > Works inside an office environment Physical Demands: > Acceptable eyesight (with or without correction) Acceptable hearing (with or without hearing aid) City of Mexico Beach-Utility Billing/Code Enforcement Clerk-Revised August 2022 1Page Supervision Received and Exercised: Work is performed under the supervision of the Utilities Director Pay Grade: 102 Disclaimer: The position description does not constitute an employment agreement between the city and employee and is subject to change as the needs of the city and the requirements of the job change. Examples of duties listed in the position description are intended only as illustrations of the various types of work performed. The omission of specific statements of duties does not exclude them from the position if the work is similarly related or a logical assignment to the position. Each employee's position description is maintained as part of his/her personnel file. Additional copies of position descriptions may be requested through the department head. City of Mexico Beach-Utility Billing/Code Enforcement Clerk-Revised August 2022 2/Page NCw City of Mexico Beach Job Description MEXICO: BEACH L 0 D Department: Finance Department Position: Cash Application Specialist FLSA Status: Non-Exempt Job Summary: The Cash Application Specialist is responsible for processing and posting payments promptly while ensuring accuracy. This role also includes managing front desk operations, such as answering and transferring phone calls to employees, sorting and delivering mail, and greeting visitors attending meetings or making payments. The incumbent applies strong analytical skills, attention to detail, and a commitment to providing exceptional customer service in all tasks. Major Duties and Responsibilities: A Manage the issuance of boat ramp and golf cart permits in compliance with city ordinances > Assist/support Utility Billing Specialist > Updates customer accounts with payments and incoming service requests > Oversee the daily balancing of payments and deposits Knowledge of Microsoft Office products, Excel spreadsheet proficiency and Outlook software Operate standard office equipment on a regular basis, including a fax machine, copy machine, and a computer Welcome and greet visitors in a warm and friendly manner and answer any questions visitors have > Effectively answer and direct phone calls to the correct staff A Prepares reports and maintain files and documents Knowledge, Skills and Abilities: > Knowledge of math and accounting principles and practices > Knowledgeable in superior customer service Ability to communicate orally and in writing Education and/or Training > High School graduate or equivalency diploma > 2 years' experience in customer service and bookkeeping Work Environment: > Works inside an office environment City of Mexico Beach-Cash Application Specialist-Revised February 2025 1/Page Physical Demands: A Acceptable eyesight (with or without correction) > Acceptable hearing (with or without hearing aid) Supervision Received and Exercised: A Work is performed under the supervision of the Finance Director Pay Grade: 103 Disclaimer: The position description does not constitute an employment agreement between the city and employee and is subject to change as the needs of the city and the requirements of the job change. Examples of duties listed in the position description are intended only as illustrations of the various types of work performed. The omission of specific statements of duties does not exclude them from the position if the work is similarly related or a logical assignment to the position. Each employee's position description is maintained as part of his/her personnel file. Additional copies of position descriptions may be requested through the department head. City of Mexico Beach-Cash Application Speclalist-Revised February 2025 2IPage old City of Mexico Beach MEXICOBEACH Job Description Department: Utilities Department Position: Utility Billing Supervisor FLSA Status: Non-Exempt Job Summary: Administrative, accounting, secretarial and staff assistant work which includes supporting the various City operations and departments. Reports directly to the Utilities Director. Major Duties and Responsibilities: > Supervises utility accounts and performs duties of a staff assistant nature and participates directly in the work of the department. Secures details of specialized information, coordinating office work and providing information regarding the services and operation of the unit Prepares forms and composes letters. Sets up and maintains specialized office files. Files letters, reports and related technical information in the prescribed manner. Assembles information for others use Uses PC-based software and processes letters, forms, reports, schedules, manuals, booklets, requisitions, purchase orders and related paperwork. Types information or enters data into computer containing technical terminology > Retrieves data for reports > Performs research and retrieval of records > Conducts statistical comparisons of information > Supervises the preparation and maintenance of utility department records > Supervises the Utility Billing Clerk and Customer Service functions Performs various account keeping functions Job Requirements: Knowledge, Skills and Abilities: > Knowledge of business English, spelling and punctuation, in order to prepare documents and compose letters, etc. Knowledge of office practices and procedures. > Knowledge of mathematic. * Knowledge of the Public Services department and City's policies, procedures and practices Ability to establish and maintain effective working relationships with employees and the public > Ability and skill to operate a PC, keyboard, computer or mouse A Ability to communicate using speaking, hearing and visual skills City of Mexico Beach - Utility Billing Supervisor - Revised August 2022 1/Page Education and/or Training: > Graduation from an accredited two-year college with an associate degree in business or a related field. Two (2) year's work experience involving utility billing, accounting, and secretarial/clerical duties including the operation of a personal computer, keyboard, or similar data entry equipment Work Environment: > Works inside in an office environment Physical Demands: > Acceptable eyesight (with or without correction) > Acceptable hearing (with or without hearing aid) Supervision Received and Exercised: > Work is performed under the general supervision of the Utilities Director. Pay Grade: 202 Disclaimer: The position description does not constitute an employment agreement between the city and employee and is subject to change as the needs of the City and the requirements of the job change. Examples of duties listed in the position description are intended only as llustrations of the various types of work performed. The omission of specific statements of duties does not exclude them from the position if the work is similarly related or a logical assignment to the position. Each employee's position description is maintained as part of his/her personnel file. Additional copies of position descriptions may be requested through the department head. City of Mexico Beach - Utility Billing Supervisor - Revised August 2022 2/Page NJEw City of Mexico Beach MEXICOBEACH Job Description Department: Finance Department Position: Utility Billing Specialist FLSA Status: Non-Exempt Job Summary: Provides customer service with commercial and residential utility accounts. This position performs the daily utility billing, cash receipting and other accounting functions. Reports directly to the Finance Director. Major Duties and Responsibilities: > Responsible for managing customer utility accounts > Opening/closing accounts as necessary > Generating bills based on meter readings > Resolving billing discrepancies > Providing customer service regarding billing inquiries Ensuring accurate recordkeeping within the billing system Reviewing and processing rejected bank draft and recurring credit/debit card payments Communicating and work closely with field staff Determine eligibility of adjustments to customers' accounts due to leaks, pool fills, misapplied payments, and meter reading/billing errors Processing adjustments by posting credits and filing supporting documentation. Job Requirements: Knowledge, Skills and Abilities: > Office processes; procedures, and equipment A Billing techniques and procedures > Strong written and oral communications and relational skills > Strong public relations and customer service skills > Basic math skills for budget and other financial calculations Ability to operate a variety of office equipment, including computer, printer, calculator, fax, typewriter, and copier Keep complete records, to assemble and organize data and to prepare reports from such records A Make decisions within established customer service policies and procedures Establish and maintain effective relationships with subordinates, other employees and the public City of Mexico Beach - Utility Billing Specialist - Revised February 2025 1Page Education and/or Training: > Graduation from an accredited two-year college with an associate degree in business or a related field. > Two (2) year's work experience involving utility billing, accounting, and secretarial/clerical duties including the operation of a personal computer, keyboard, or similar data entry equipment Work Environment: > Works inside in an office environment Physical Demands: > Acceptable eyesight (with or without correction) A Acceptable hearing (with or without hearing aid) Supervision Received and Exercised: > Work is performed under the general supervision of the Finance Director. Pay Grade: 202 Disclaimer: The position description does not constitute an employment agreement between the city and employee and is subject to change as the needs of the City and the requirements of the job change. Examples of duties listed in the position description are intended only as llustrations of the various types of work performed. The omission of specific statements of duties does not exclude them from the position if the work is similarly related or a logical assignment to the position. Each employee's position description is maintained as part of his/her personnel file. Additional copies of position descriptions may be requested through the department head. City of Mexico Beach = Utility Billing Specialist = Revised February 2025 2IPage