MEXICOBEACH CITY COUNCIL REGULAR MEETING TUESDAY, MARCH 25, 2025 AT 6:00 P.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@mexicoheachlgox I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. ROLL CALL V. CONSENT AGENDA 1. Minutes January 28, 2025 City Council Meeting 2. Minutes - February 11, 2025 City Council Meeting 3. Minutes - March 13, 2025 Special Meeting VI. REGULAR AGENDA 1. Amphitheater at Parker Park - Bid and Task Order-Elizabeth Moore, Anchor, CEI a. Open Public Discussion b. Close Public Discussion C. Discussion d. Motion to Approve or Deny 2. Recycling Service and Franchise Agreement Chris Truitt a. Open Public Discussion b. Close Public Discussion C. Discussion d. Motion to Approve or Deny 3. BCSD Deputy Contract Amendment - Chris Truitt a. Open Public Discussion b. Close Public Discussion C. Discussion d. Motion to Approve or Deny 4. Ordinance 851 - Beach and Dune Protection (Second 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 TO' 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 CHAPTER, 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. a. Motion to Read Ordinance 851 (By Title Only) b. Open Public Discussion C. Close Public Discussion d. Discussion e. Motion to Approve or Deny 5. Policy and Procedure Amendments per FDEM and FROC requirements Chief Walker a. Open Public Discussion b. Close Public Discussion C. Discussion d. Motion to Approve or Deny VII. CITIZEN COMMENTS 1. Speaker must come to the podium and state name and city of residence 2. Comments are limited to 3 minutes VIII. COUNCIL COMMENTS IX. MAYOR COMMENTS X. STAFF COMMENTS XI. NEXT SCHEDULED COUNCIL MEETING APRIL 23, 2025 AT 6:00 P.M. XII. ADJOURNMENT Emailed to interested parties and posted on the city website on: 03/20/2025 Note: Copies of the Agenda items are posted on the City's Website mexicobeachfl.goy This meeting will be recorded on the website. *You are hereby notified that in accordance with Florida Statutes, you have a right to appeal any decision made by the Council with respect to any matter considered. You may need to ensure that a verbatim record of the proceedings is made which may need to include evidence and testimony upon which the appeal is based. Any person requiring a special accommodation at this meeting because of a disability or physical impairment should contact Tammy Brunson, City Clerk, at 201 Paradise Path, Mexico Beach, Florida 32456; or by phone (850) 648-5700 at least five calendar days prior to the meeting. If you are hearing or speech impaired, and you possess TDD equipment, you may contact the City Clerk using the Florida Dual Party Relay System, which can be reached at 800-955-8770 TDD. City of Mexico Beach Meeting Minutes TUESDAY JANUARY 28, 2025 = 6:00 PM 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 Richard Wolff and the following Councilmembers were present: Linda Hamilton, Jason Adams and Tim Linderman. Councilmember Jerry Smith was absent. Also present were City Administrator, Chris Truitt, City Clerk, Tammy Brunson and City Attorney Tim Sloan. I. Call to order: Mayor Wolff called the meeting to order at 6:00 pm. II. Special Appearances: Richard Bracken = FL27 Recycle Program status and update - Mr. Bracken was not present. Phillip Steed = Forgotten Coast Beach Co. LLC - Beach services and rentals. Mr. Sneed from Forgotten Coast requests a permit for vending on the beach, specifically for beach chairs and umbrellas. He outlines his plans to store equipment at 1024/15 Street and transport it to the beach. He explains that the chairs and umbrellas will be picked up between 5 and 5:30 PM daily and is curious about the possibility of using sand dune storage boxes for equipment. Tim Sloan questions if the proposed vending would be on city property. Mr. Linderman raises concerns about future beach access changes affecting delivery. Mayor Wolff and others discuss the legalities and current practices regarding beach vending. Mayor Wolff suggests giving the City Administrator a week to gather thoughts and provide a final decision. III. Regular Agenda: 1. Ordinance 845 - Townhome District Setbacks (First reading) was brought to the table. Mr. Linderman motioned, and Mrs. Hamilton Seconded to read Ordinance 845 by title only. Motion passed unanimously. Open public comment 6:24 pm - No public comments were made. Closed public comment 6:24 pm. Allara Mills Gutcher with tpc introduced Ordinance 849, which aims to fix setback requirements for unattached structures in the townhome district. The ordinance clarifies setback measurements and excludes building services equipment from height measurements. Section 2.02.07, clarifications on building services meaning and other necessary changes will be made before the second reading. 2. Ordinance 850 - Budget Amendment (First reading) was brought to the table. Mrs. Hamilton motioned, and Mr. Linderman seconded to read Ordinance 850 by title only. Motion passed unanimously. Chris Truitt explains the need to move funds from the water and sewer budgets to purchase smaller trucks for the city. Chris Truitt and the new finance director confirm that such transfers are allowed under current legislation. 3. Resolution 25-01 Property Surplus was brought to the table. Mr. Truitt presented Resolution 25-01, which authorizes the auction or disposal of surplus electronic equipment found in City Hall. Mr. Adams motioned, and Mrs. Hamilton seconded to read Resolution 25-01 by title only. Motion passed unanimously. The council discusses the possibility of donating the equipment to nonprofits or residents. Tim Sloan suggests trying to sell the equipment first to maximize recovery. Mr. Linderman motioned, and Mrs. Hamilton seconded to approve Resolution 25-01. Motion passed unanimously 4. Bypass pump bid recommendation was brought to the table. Mr. Truitt requests declining the bid for bypass pump installation to explore cost-saving measures. The council discusses the importance of completing the FEMA grant requirements and the potential for in-house construction or renegotiation. Mr. Linderman emphasizes the need to move forward with the project to recover funds and meet FEMA requirements. Mr. Adams motioned, and Mr. Linderman seconded to decline the bid and authorize Mr. Truitt to seek alternative solutions. Motion passed unanimously. City of Mexico Beach Meeting Minutes TUESDAY JANUARY 28, 2025 - 6:00 PM IV. Citizen Comments: Alex Hogan commends the current administration and expresses concerns about the JLAC audit report. He highlights issues of careless bookkeeping and the need for better financial oversight. Mr. Linderman and Mayor Wolff respond, explaining the steps taken to address the audit findings and the importance of transparency. VII. Council Comments: Mr. Linderman asked that the city's response to the. JLAC Audit and what has already been done to correct these items be presented to the public. He continued by saying all past due audits are complete and the FY 2023-2024 audit will be completed and turned in on time. Mayor Wolff stated everything would be presented at the next council meeting. VI. Mayor Comments: Mayor Wolff suggests making attendance at staff training sessions mandatory for council members. Mr. Truitt outlines the types of training required, including fraud, harassment, and cybersecurity. The council agrees to the mandatory attendance and the importance of staying informed. VIII. Staff Comments: City Administrator - Mr. Truitt had no additional comments. City Attorney - Mr. Sloan had no additional comments. XI. Adjournment: Mr. Linderman motioned, and Mrs. Hamilton seconded to adjourn the meeting at 6:55 pm. By: Attest: Mayor, Richard Wollf City Clerk, Tammy Brunson City of Mexico Beach Meeting Minutes TUESDAY FEBRUARY 11, 2025 = 9:00 AM The City of Mexico Beach City Council met in a regular meeting on Tuesday February 11, 2025, at 9:00 am at the Public Works Building in Mexico Beach. Mayor Wolff and the following Councilmembers were present: Linda Hamilton, Jerry Smith, Jason Adams and Tim Linderman. Also present were City Administrator, Chris Truitt, City Clerk, Tammy Brunson and City Attorney Tim Sloan. I. Call to order: Mayor Wolff called the meeting to order at 9:00 am. II. Consent Agenda: 1. Minutes for the January 8, 2025, LDC workshop were approved unanimously. III. Regular Agenda: 1. 2902 Hwy 98 Development Order was brought to the table. Mrs. Brunson swore in speakers for the quasi- judicial hearing. The development includes 1800 square feet of office space and 2700 square feet of residential space, and additional rooftop deck space. The council discusses the impact of the new development on traffic flow and parking, with concerns about congestion and the need for additional parking. The developer, Rick Moore, explains the plans for outdoor seating, pop-up retail, and potential food truck operations on the paver area in front of the building. Mr. Adams motioned, and Mr. Smith seconded to approve the development order with the stipulations for proper signage, directional arrows and al limit on structural height to 32 ft. Motion passed with a 4 to 1 vote. No vote was Mrs. Hamilton. 2. Ordinance 849 Townhome District setbacks (second reading) were brought to the table. The ordinance includes changes to definitions and sections related to setbacks. Mr. Linderman motioned, and Mrs. Hamilton seconded to read Ordinance 849 by title only. Motion passed unanimously. 9:44 am, open public comment. No public comments were made. 9:44 am, closed public comment. Mr. Linderman motioned, and Mrs. Hamilton seconded to approve Ordinance 849. Motion passed unanimously. 3. Ordinance 850 Budget Amendment (second reading) was brought to the table. Chris Truitt requests to table Ordinance 850, which involves transferring funds from water and sewer to public works, due to increased costs for new trucks. Mrs. Hamilton motioned, and Mr. Linderman seconded to table Ordinance 850 for further discussion and review of the budget. Motion passed unanimously. 4. Ordinance 851 Beach and Dune Protection (first reading) was brought to the table. The ordinance includes provisions for protecting the city's beaches and dunes, with definitions and prohibitions for certain activities. The council discusses the impact of the ordinance on private beachfront property owners with boardwalks and the need for proper communication and coordination. The council discusses the need to protect the entire length of the city's beach and dunes, with concerns about the impact on private property owners. Mr. Smith motioned, and Mrs. Hamilton seconded to table Ordinance 851 and schedule a special meeting to continue the discussion. Motion passed unanimously. City of Mexico Beach Meeting Minutes TUESDAY FEBRUARY 11, 2025 - 9:00 AM III. Regular Agenda - Continued: 5. Boat ramp task order repairs and expansion for protessional redesign, engineering, permitting and bidding in the amount of $96,590.00 was brought to the table. Elizabeth Moore from Anchor CEI presents the proposal for boat ramp repairs and expansion, noting the decision to reduce the boat ramp from three lanes to two. The proposal includes engineering, terminating, design, surveying, permitting, and inspection tasks, with grant funds from FWC to help cover costs. Mayor Wolff and Chris Truitt discuss the budget details, including the grant amount and remaining funds for sea wall repairs. Elizabeth Moore clarifies that the engineering fees will not come out of the FWC grant but from the city's budget for the boat basin repair. The proposal aims to have the project out for bid within three to four months, with surveying and permitting already completed. The council discusses the timeline for completing the project, with a focus on meeting the June 30, 2026, deadline. Chris Truitt and Elizabeth Moore address the discrepancy in grant amounts, with the FWC paperwork showing a higher maximum grant award amount. The council agrees to move forward with the project, with Mayor Wolff emphasizing the need for communication with FWC regarding the project's timeline. 6. Agreement for auditing services from James Moore was brought to the table. Chris Truitt presents the agreement for audit services with James Moore, noting the increase in costs and the recommendation to approve a four-year contract. The council discusses the need for proper oversight and the impact of the increased costs on the budget. The council agrees to table the agreement to allow for further negotiation with James Moore and schedule a special meeting to continue the discussion. 7. New copy equipment lease agreement with Dex Imaging was brought to the table. Chris Truitt requests permission to sign a new contract with Dex Imaging for additional copier equipment for utility billing. The council discusses the need for a secondary copier to handle the workload and ensure proper backup in case of equipment failure with the cost to be split between water and sewer funds. The council agrees to approve the City Administrator to sign the new contract. 8. Beach vendor setup was brought to the table. Chris Truitt discusses the challenges with beach vending permits and peddler orders, noting the lack of allowable spaces on the beach and seeks council guidance on whether to allow beach vending or stick to the current restrictions. Mayor Wolff questions the interpretation of the ordinance and mentions existing vendors who operate off the beach. Council and others express concerns about the legality and enforcement of beach vending regulations. Mayor Wolff asks about the difference between a vendor license and a business license in Mexico Beach. Others discuss the historical practice of vendors delivering to the beach and setting up equipment. Tim Sloan suggests tweaking the existing ordinance to allow deliveries to beach-side businesses. Chris Truitt asks if the council wants to continue allowing ATVS on the beach or restrict them to city-owned vehicles. Discussion continues with the historical use of ATVS by vendors like Hector for delivering equipment. Chris Truitt and others discuss the legal requirements for vendors to get permission from property owners to set up on private property. Mayor Wolff emphasizes the importance of ensuring that the city, not individual property owners, grants permission for beach vending. Chris Truitt confirms that the current ordinance requires written permission from property owners for beach vending. City of Mexico Beach Meeting Minutes TUESDAY FEBRUARY 11, 2025 - 9:00 AM IV. Citizen Comments: Nancy Faulk raised concerns about beach access aftert the CDC's dune restoration plan. Mayor Wolff provides an update on the timeline for sand dune work, estimating completion by the end of March or early April. Gary Cox asks about ADA compliance for the beach walkovers. Lisa Logan talks about having to walk over the dunes in the sand and why there are no cut throughs. Zach Post makes a comment about recommending Randy June for the Public Works Director position. V. Council Comments: Mrs. Hamilton announced the upcoming Gumbo Cook-Off, including details about the event and the activities available. Tim Linderman reads a statement from Derek Noonan, the JLAC Audit Manager, confirming no indications of fraud in the city's financials. Mayor Wolff and Tammy Brunson praise the city employees for their hard work during the audit process and emphasizes the importance of having the right people in place to manage the city's finances. VI. Mayors Comments: Mayor Wolff discusses the need to address flood issues on Fourth and First Streets. Chris Truitt suggests getting bids for the repairs to understand the cost and potential grant funding. Mayor Wolff emphasizes the importance of addressing these issues to prevent further damage. Chris Truitt provides rough cost estimates for the repairs to give the council an idea oft the scope of the work. VII. Staff Comments: Ryan Wiedenman provides updates on various projects, including the stormwater project, emergency berms, and the police and fire station appeal. Ryan Wiedenman mentions the progress on the pier project, including environmental reviews and cost estimations. Tim Linderman and others discuss the challenges of securing funding and approval for the pier project. Ryan Wiedenman emphasizes the importance of following the proper process to ensure the project's success. City Administrator - Mr. Truitt Had no additional comments City Attorney - Mr. Sloan had no additional comments. VIII. Adjournment: Mrs. Hamilton and Mr. Adams motioned to adjourn the meeting at 11:43 am. By: Attest: Mayor, Richard Wolff City Clerk, Tammy Brunson City of Mexico Beach Meeting Minutes THURSDAY MARCH 13, 2025 - 4:00 PM The City of Mexico Beach City Council met in a regular meeting on Thursday March 13, 2025, at 4:00 pm at the Public Works Building in Mexico Beach. Mayor Wolff and the following Councimembers were present: Linda Hamilton, Jason Adams and Jerry Smith. Tim Linderman was absent. Also present was City Clerk, Tammy Brunson. I. Call to order: Mayor Wolff called the meeting to order at 4:00 pm. III. Regular Agenda: 1. Mayor Wollf explained the reason for the meeting was to look at selecting a firm to investigate complaints received on Monday, March 10. Mayor Wolff and Tammy Brunson discussed recommendations from attorney Tim Sloan and Mark Ryan, with FCCMA who suggested a firm from Tallahassee with 24 years of experience in HR, employee law, and investigations. The firm quoted $5,800 for initial interviews. Concerns were raised about transparency and the need for three bids The council also discussed the possibility of additional complaints and the need for a full city council for decision-making. Mr. Adams spoke of a phone call he received stating he was trying to coerce a former employee or former council member to file a complaint. He stated there is no merit to that rumor. Mrs. Hamilton talked about her dismay with hearing members of the public were already aware of the firm they are looking at hiring before she knew anything about it. All were concerned with having to spend money on something like this, especially with Mr. Truitt being new to the city. Mr. Adams even suggested just asking for Mr. Truitt's resignation and Mr. Smith agreed. Mrs. Hamilton made a motion, and Mr. Adams seconded to seek out 3 bids and bring them back to council for a decision on which firm to hire. Motion passed with a 3 to 1 vote. No vote was Mayor Wolff. XI. Adjournment: Mrs. Hamilton motioned to adjourn the meeting at 4:20 pm. By: Attest: Mayor Richard Wolff City Clerk, Tammy Brunson MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # % Meeting Date: 3-25-25 Department: Parks Consent Regular Closed Public Hearing: Yes R No Agenda Agenda Session Date of Public Hearing: PRESENTERINFORMATION CONTACT: Chris Truitt ITEM TO BE CONSIDERED Subject: Amphitheater Bid - BGN Contractors Attachment(s): Amphitheater Bid and Tabulation, Anchor Task Order Brief Summary: The sole amphitheater bid came in at $209,518. Anchor CEI's task order was $14,695 for a total project cost of $224,213. $280,000 was set aside for the Amphitheater from the general fund in the budget. A more appropriate funding source would be impact fees which currently holds $474,130.36 with no plans to use it. Action Requested: The City Council should determine whether to approve the bid and funding source. ISSUE OVERVIEW: Background Information & Issue Summary: The City Council approved the Anchor task order for engineering for the amphitheater including conceptual design development, surveying, geotechnical services, bidding and procurement, and construction admin and inspection in September of 2024. The Council further budgeted $280,000 for the amphitheater. The total project cost from the lone bid and Anchor's fees is $224,213. The council designated the source of funds for the amphitheater as ARPA funds' in the budget. ARPA funds were actually allocated for City expenses when they were received in 2022. The correct source designation should have been 'prior year surplus'. However; impact fees should be used as the source, rather than prior year surplus. Ordinance 151.024 Use of Funds states: Funds collected for the recreational services impact fees, or lands dedicated pursuant to S 151.021 for that purpose, shall be used solely for the purpose of acquiring or expanding recreational services capital facilities under the jurisdiction oft the city. The amphitheater would fit the definition of a capital facility and would fit the expected use of recreation impact fees. The bidder proposed a 'wavy' laminated wood band shell with 30x14 slab, partial back wall, electrical, and lighting, with the project being completed within 240 days of the contract date. Financial Impacts: $224,213 from recreation impact fees, rather than $280,000 from the general fund. Staff RecommendatonsCommens Staff recommends approving the bid, allocating funds from impact fees, and proceeding with construction. Engineering and Insped sion Shmphtcn 4501 Magnolia Avenue Panamac City. FL 32401 P8502151285 T 850.215 1286 March 20, 2025 Sent via e-mail to: c.truitt@mexicobeachfl.gov Mr. Chris Truitt, City Administrator City of Mexico Beach 201 Paradise Path, Mexico Beach, Florida 32456 Re: Amphitheater at Parker Park RFP No. 2025-04 Recommendation of Award Anchor Project No. 1328.002 Dear Mr. Truitt: Anchor Consulting Engineering and Inspection, Inc. (Anchor) is pleased to present this Recommendation of Award for Request for Proposal 2025-04 - Amphitheater at Parker Park to the City of Mexico beach (City) for review and City Council approval. The above-reterenced RFP was advertised on the City's website and the prospective bidders were permitted to download digital copies of the bid documents from the City's website. Addenda for the project was posted to the City's website on Friday, March 7th, 2025 (Addendum No. 01) Bids were received up to 2:00 p.m. CST on Wednesday, March 12, 2025. One bid package was received from BGN Contractors in the amount of $209,518.00. It is important to note, BGN Contractor's bid states the 180-day timeline included in the contract documents is not sufficient and they are asking for the City to consider a 240-day project completion timeline instead, largely due to significant lead times for wood fabrication of the band shell design, which has an approximate 16+ week lead time upon design drawing approval by the Owner. Based on Anchor's conversations with BGN, a simpler prefab amphitheater could be selected, but the time savings would only be approximately one to two weeks and a time savings couldn't be guaranteed. Anchor recommends that the project be approved by the City Council and awarded to the apparent lowest bidder of BGN Contractors in the amount of $209,518.00. We appreciate the opportunity to be of continued service to the City and look forward to awarding this important project. If you have any questions or comments, please call me at your earliest convenience. Sincerely, Anchor Consulting Engineering and Inspection, Inc. a Elizabeth Moore, PE President www.anchorcei.com ghdbote E P 850.215. 1285 F. 850.215.1 1286 450 Magnolia Avenue Panama City. FL 32401 June 20, 2024 Mr. Chris Hubbard City Administrator City of Mexico Beach 201 Paradise Path Mexico Beach, Florida 32456 Sent via email to: hbaAmesctesttoey RE: MEXICO BEACH AMPITHEATER DESIGN-BUILD PROFESSIONAL CONCEPTUAL DESIGN, BIDDING AND PROCUREMENT, DESIGN REVIEW, AND CONSTRUCTION ADMINISTRATIONINSPECTION SERVICES Dear Mr. Hubbard: 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 conceptual design, biddingprocurement, design review, construction administration and inspection services for the Mexico Beach Amphitheater Park to be constructed at 2500 Hwy 98 E (Parcel No. 04132-000-000) located in Mexico Beach, Florida. This amphitheater will be utilized by the City as a venue for Parker Park. Itis Anchor's understanding that this will be a design/build project and the City will procure a Contractor who will provide design-build services. Anchor's involvement in this design/build project will be limited to conceptual design, bidding and procurement, design review, and construction adminsratoninspection services portion of the work. Based on our knowledge of data received from the City for the property and our experience with local development regulations, we offer the following scope of services for your consideration. SCOPE OF SERVICES Anchor's scope of services for this phase will be as follows: Task A. Conceptual Design Development Anchor will prepare a conceptual site plan that will show the approximate location of the proposed amphitheater as well as other existing site features such as buildings, parking, general stormwater flow, sidewalks, etc. This conceptual design will be provided for the selected Design/Build Contractor to utilize during design. Based on the information provided by the City, it is Anchor's understanding the amphitheater will be approximately 15' X 30'. As part of this task, Anchor will coordinate with the City to ensure the conceptual design includes a list of features needed by the City, such as necessary lighting, accessibility, etc. located within the amphitheater structure. 2024-06-10_Mexico Beach Amphitheater Design-Build Project MEXICO BEACH AMPHITHEATER PARK PROFESSIONAL CONCEPTUAL DESIGN, BIDONGPROCUREMENT, DESIGN REVIEW, CONSTRUCTION ADMINISTRATION, AND INSPECTION SERVICES June 20, 2024 As part of the conceptual design, Anchor will provide design documents for the improvements outside the amphitheaters 5-foot perimeter, as needed. Anchor's design services do not include electrical design of any kind but we will provide sufficient nformation necessary for the electrical design to the Design-Builder. Task B. Surveying Services (By Subconsultant) Anchor will coordinate with a State of Florida Registered Professional Land Surveyor to provide topographic survey data of areas identified above, to include topography, utilities, trees, and any other topographical elements that would assist with the design. A digital and hard copy set of the signed and sealed surveys will be submitted to the City. Task C. Geotechnical Services (By Subconsultant) Anchor will coordinate with a State of Florida Registered Professional Geotechnical Engineer to perform (3) 35-feet to 50-feet deep Standard Penetration Test Borings (SPT's) in proposed amphitheater footprint and laboratory testing (if required). The Geotechnical Engineer will also provide an Engineering Evaluation and Report which will include site/soil preparation recommendations and foundation recommendations for support of the proposed amphitheater. A digital set of the signed and sealed geotechnical engineering report detailing the site's soil conditions and recommendations will be submitted to the City. Task D. 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. * Prepare conceptual site plan for City use during bidding phase. * Create and certify design/build package as required. * 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 and coordinating the execution of the Contract Documents between the City and the awarded Contractor. Task E. Construction Adminstatoninspection Services (Optional Task) Anchor will assist with the following items for this task: * Review Contractor's construction documents, such as plans and specifications, during the design phase to ensure they meet the City's project requirements. 2024-06-10._Mexico Beach Amphitheater Design-Build Project MEXICO BEACH AMPHITHEATER PARK PROFESSIONAL CONCEPTUAL DESIGN, BIDOINGPROCUREMENT, DESIGN REVIEW, CONSTRUCTION. ADMINISTRATION. AND INSPECTION SERVICES June 20, 2024 * Coordination between the selected Contractor and the City through the design and construction phases of the project. * Periodic inspection (20 hours) to include daily inspection reports and photos during construction to ensure the selected Contractor constructs in accordance with the Design. * Submittal of the Certificate of Completion forms (if required) to regulatory agencies and the City. PROFESSIONAL SERVICES FEES The services listed above shall be performed for the lump sum fee of $10,955.00, as detailed below: Task A. Conceptual Design Development $2,215.00 Task B. Surveying Services (by others) $1,500.00 Task C. Geotechnical Services (by others) $4,200.00 Task E. Bidding and Procurement $3,040.00 Total $10,955.00 Optional Tasks (not included with total above): Task F. Construction Admnsratoninspection Services $3.740.00 Total with Task F. $14,695.00 EXCLUSIONS The following tasks are not included in this proposal: Off-site Design Water/Sewer Improvement Design Drainage/Storwater Design Lighting and/or Electrical Design Landscape and/or Irrigation Design Environmental Services Any other design not listed in the scope of services above Any other surveying not including above Permitting Application Fees 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 2024-06-10.Mexico Beach Amphitheater Design-Build Project MEXICO BEACH. AMPHITHEATER PARK PROFESSIONAL CONCEPTUAL DESIGN, BIDONGPROCUREMEN, DESIGN REVIEW, CONSTRUCTION ADMINISTRA1 TION AND INSPECTION. SERVICES June 20, 2024 Attachments Attachment A - Combined Task Order and Notice to Proceed C: Ms. Brittany Trumbull, PE, Vice President, Anchor Grmbulgarctoreicom) Ms. Emily Thomasee, Project Manager, Anchor eronsedanchoreicon Ms. Mandy O'Regan, Planning Technician, Anchor moregan@anctoreicon 2024-06-10_Mexico, Beach Amphitheater Design-Build Project ATTACHMENT A COMBINED TASK ORDER AND NOTICE TO PROCEED TASK ORDER 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 June 20, 2024 relating to the project known as Mexico Beach Amphitheater Design-Build Project. Consultant's total compensation shall be a stipulated lump sum of $ 14,695.00. 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. 9/4/2024 Elizabeth S. Moore, P.E., President Date CITY OF MEXICO BEACH, FLORIDA 1 2RQ mmgrolale 4-5-24 Mell Smigielski, Interim-City Administrator Date MEXICO BEACH AMPHITHEATER PARK PROFESSIONAL CONCEPTUAL DESIGN, BIDOINGPROCUREMENT, DESIGN REVIEW, CONSTRUCTION ADMINISTRATION AND NSPECTION SERVICES June 20, 2024 * Coordination between the selected Contractor and the City through the design and construction phases of the project. * Periodic inspection (20 hours) to include daily inspection reports and photos during construction to ensure the selected Contractor constructs in accordance with the Design. * Submittal of the Certificate of Completion forms (if required) to regulatory agencies and the City. PROFESSIONAL SERVICES FEES The services listed above shall be performed for the lump sum fee of $10,955.00, as detailed below: Task A. Conceptual Design Development $2,215.00 Task B. Surveying Services (by others) $1,500.00 Task C. Geotechnical Services (by others) $4,200.00 Task E. Bidding and Procurement $3,040.00 Total $10,955.00 Optional Tasks (not included with total above): Task F. Construction Administration/Inspection Services $3,740.00 Total with Task F. $14,695.00 EXCLUSIONS The following tasks are not included in this proposal: Off-site Design Water/Sewer Improvement Design Drainage/Stormwater Design Lighting and/or Electrical Design Landscape and/or Irrigation Design Environmental Services Any other design not listed in the scope of services above Any other surveying not including above Permitting Application Fees 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. A K / Elizabeth S. Moore, P.E. President EKT/em 2024-06-10 Mexico Beach Amphitheater Design-Build Project ORIG-IVBL LLBGN CONTRACTORS 25 w. Oak Avenue Panama City, FL 32401 (850) 258-1869 CGC1520684 SEALED BID: RFP 2025-04 Bid Mexico Beach Amphitheater at Parker Park Project Attn: City of Mexico Beach City Clerk 201 Paradise Path Mexico Beach, Florida 32456 03/12/2025 @ 2:00 PM CST ADDENDUM ACKNOWLEDGEMENT - acknowledge receipt of the following addenda: ADDENDUM NO. 1 DATED March 7, 2025 ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED Name of Firm: BGN Contraçtors Authorized Signature: Printed Name: Monty Oliva Title: Project Manager Date: 03-12-2025 It is the responsibility of the firm to ensure that they have received addendums if issued. Review the City's website or call 850-648-5700 or email Emily Thomasee, ethomasee@anchorcei.com or Tammy Brunson at L. bunengnestoteacMig, prior to submitting your bid to ensure that you have received addendums. ANTI-COLLUSION CLAUSE Firm certifies that their response is made without prior understanding, agreement or connection with any Corporation, Firm or person submitting a response for the same services and is in all respects fair and without collusion or fraud. Name of Firm: BGN Contractors Authorized Signature: Printed Name: Monty Oliva Title: Project Manager Date: 03-12-2025 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all firms, must disclose if any City of Mexico Beach, employee(s), elected officials(s), of if any of its agencies is also an owner, corporate officer, agency, employee, etc., of their firm. Indicate either yes" (a City employee, elected official, or agency is also associated with your firm), or "no". Ifyes, give person(s) name(s) and position(s) with your firm. YES NO x NAME(S) POSITION(S) Name of Firm: BGN Contractors Authorized Signature: AVpo Printed Name: Monty Oliva Title: Project Manager Date: 03-12-2025 DRUG FREE WORKPLACE Section 287.087 Florida Statutes Preference shall be given to businesses with drug-free workplace programs. Whenever two or more Bids, which are equal with respect to price, quality, and service, are received by the State or by any political subdivision for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by an employee who is sO convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Name of Firm: BGN Contractgrs Authorized Signature: V4 RiL Printed Name: Monty Oliva Title: Project Manager Date: 03-12-2025 E-VERIFY Vendor/Consultant acknowledges and agrees to the following: Vendor/Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of: 1. All persons employed by the Vendor/Consultant during the term of the Contract to perform employment duties within Florida; and 2. All persons, including subcontractors, assigned by the Vendor/Consultant to perform work pursuant to the contract with the Department. Name of Firm: BGN Contractors Authorized Signature: MMg Printed Name: Monty Oliva Title: Project Manager Date: 03-12-2025 EVerify FTISA CE ore DHS AND SSA Company ID Number: 2617644 Approved by: Employer Gage Golden Construction LLC Name (Please Type or Print) Title Ronald G Golden Signature Date Electronically Signed 01/31/2025 Department of Homeland Security - Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 01/31/2025 Page 13 of 17 E-Verify MOU for Employers Revision Date 06/01/13 EVerify y HS NO SA Company ID Number: 2617644 Information Required for the E-Verify Program Information relating to your Company: Gage Golden Construction LLC Company Name 367 Cannonball Ln Inlet Beach, FL 32461 Company Facility Address 1901 N East Ave Panama City, FL 32405 Company Alternate Address County or Parish WALTON Employer Identification Number 824527358 North American Industry Classification Systems Code 236 Parent Company Number of Employees 10 to 19 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers Revision Date 06/01/13 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES This Form Must Be Signed And Sworn To In The Presence Of A Notary Public Or Other Official Authorized To Administer Oaths And Submitted With The Bid 1. This sworn statement is submitted to City of Mexico Beach by BGN Contractors For RFP 2025-04 Bid Mexico Beach Amphitheater at Parker Park Project Whose business address is 25 W. Oak Avenue Panama City, FL 32401 and (if applicable) its Federal Employer dentification Number (FEIN) is 82-4527358 (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement): 2. I understand that a public entity crime" as defined in Section 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency of political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or such an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 3. I understand that "affiliate" as defined in Paragraph 2871.33 (1)(a) * Florida Statutes, means: (a.) A predecessor or successor of a person or a corporation convicted of a public entity crime, or (b.) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling agreement of equipment or income among persons when not for fair market value under an arm' s length agreement, shall be a prima facie case that one person controls another person. A person knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 4. I understand that a 'person" as defined in Paragraph 287.133 (1)(e), Florida Statute, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter in to a binding contract and which bids or applied to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies. ] X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Office of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vender list. [Attach a copy of the final order). 6. I understand by my execution of this document, - acknowledge that the entity submitting this sworn statement has informed by the City of Mexico Beach, of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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 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 in excess of the threshold amount provided in S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.' I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1(ONE) ABOVE S FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID HROUGH DECEMBER 31 OF THE CALENDAR YEAR WHICH IT IS FILED. I ALSO UNDERSTAND THAT AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: Print name: Monty Oliva Its: Project Manager Sworn to and subscribed before me this 2 day of Mavci 2025 Personally known OR Produced identification Notary Public- State of F(ondo My commission expires W4/20zB ALEXANDRA HARBGNE Notary Public C State of Florida [printed, Comm# HH536771 typed or stamped Explres 6/9/2028 Commissioned Name of Notary Public) APPENDIX A, 44 C.F.R. PART 18 - CERTIFICATION REGARDING LOBBYING (for bids of$100,00 or more) Certification for Contracts. Grants. Loans, and Cooperative Agreements The undersigned Contractor certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalfofthe undersigned. to any person for influencing or attempting to influence an officer or employee of an agency. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract. the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification ofany Federal contract, grant, loan, or cooperative agreement. 2. Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract. grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL. "Disclosure Form to Report Lobbying. "in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans. and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. S 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of31 U.S.C. S 3801 et seq. : apply to this certification and disclosure. if: any. CONTRAÇTOR NAME: BGN Contractors Signaturgbf Contractor' s Authorized Official Monty Oliva Project Manager Name and Title of Contractor's Authorized Official Date 03-12-2025 REQUEST FOR QUALIFICAITONS 2025-04 CITY OF MEXICO BEACH AMPHITHEATER AT PARKER PARK ATTACHMENT B Agreement AGREEMENT THIS AGREEMENT is made and entered into this day of 2025, by and between the CITY OF MEXICO BEACH, FLORIDA, a municipal corporation (City) and BGN Contractors (Contractor). PREMISES 1. SCOPE OF SERVICES Contractor will provide all materials and labor required to deliver the Scope of Work published as part of the Request for Proposals. The Request for Proposals is incorporated herein as a part of this Agreement. If the Contractor believes that any particular work/service is not within the scope of work/service of the contract, is a material change, or will otherwise require more compensation to the Contractor, the Contractor must immediately notify the City's Representative in writing of this belief. If the City's Representative believes that the particular work/service is within the scope of the contract as written, the Contractor will be ordered to and shall continue with the work/service as changed and at the cost stated for the work/service within the scope. The Contractor must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order. 2. COMPENSATION As compensation for the services contemplated herein and performance rendered by Contractor of its duties and obligations hereunder, City shall pay Contractor according to the Bid Form and Request for Proposals. a. Extra and/or Additional Work Changes. Should City at any time during the progress of said work request any alterations, deviations, additions or omissions from said specifications or other contract documents, it shall be at liberty to do sO by written authorization to Contractor, and the same shall in no way affect or make void the Agreement. The value of such will be added to or deducted from the contract bid price, as the case may be, by a fair and reasonable valuation. 3. PAYMENT PER ADDENDUM #01 The "closure date" for work to be invoiced for payment shall be the 30th of each calendar month, except February where it shall be the 28th. The Contractor shall submit an temized invoice to the City for the amount of work satisfactorily completed as of the closure date. The invoice(s) shall be delivered to the end user departments no later than three days after the closure date of each calendar month. 4. TERM This Contract shall commence within 10 calendar days after the date of receipt of the "Notice to Proceed" to CONTRACTOR(S). The CONTRACTOR(S) for each 40 project listed shall achieve Final Completion of the Work within-8@-calendar days of the required commencement date, except to the extent the period for Final Completion is extended pursuant to the terms of the Contract Documents ("Contract Time"). Final Completion of the Work for each project shall be achieved by CONTRACTOR within the time period set forth in the executed Notice to Proceed. The CONTRACTOR agrees to pay the OWNER, liquidated damages, in the sum of $250.00 for each calendar day that expires after the Contract Time for Final Completion. 5. TERMINATION OF CONTRACT This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party. 6. COMPLIANCE WITH LAWS. The Contractor shall be responsible to know and to apply all applicable federal and state laws, all local laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the work, or which in any way affect the conduct of the work. Contractor shall always observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees. The Contractor shall protect and indemnify City of Mexico Beach and all its officers, agents, servants, or employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by Contractor, its representatives, sub-contractors, sub-consultants, professional associates, agents, servants, or employees. Additionally, Contractor shall obtain and maintain at its own expense all licenses and permits to conduct business pursuant to this contract from the federal government, State of Florida, Bay County, or PER ADDENDUM #01 municipalities when legally required, and maintain same in full force and effect during the term of the contract. 7. WARRANTY The Contractor agrees that, in addition to any manufacturer's warranty, for one year after completion of the work, Contractor will immediately repair or replace defective equipment, materials, supplies found by the City. For the roof, a 20-year extended roof warranty is required. 8. INSURANCE AND INDEMNIFICATION a. Contractor shall at its expense maintain in force during the Term the insurance policies required by the Request for Proposals. All such insurance shall name the City, its officers, employees and agents as additional insured. b. All coverage maintained by Contractor pursuant to Subparagraph (a) shall be provided by companies registered and licensed to sell insurance in the state of Florida and which may legally provide the coverage set forth herein, and shall be provided by companies reasonably satisfactory to the City and in form and substance reasonably satisfactory to the City, and shall provide that coverage will not be subject to cancellation, termination, revocation or material change except after thirty (30) days' prior written notice to the City. C. Within thirty days of the date of this agreement, and in no event less than seventy two hours (72) hours prior to the Term, and thereafter upon the written request of the City, Contractor shall furnish to the City such certificates of coverage and certified copies of policies pursuant to subparagraph (a). In order to satisfy this provision, the documentation required by this part must be sent to Lbunson@mexicobeachgov.com (cc: Emily Thomasee ethomasee@anchorcei.com) or the following address: City of Mexico Beach, Attn: City Clerk, P.O. Box 13425 201 Paradise Path Mexico Beach, Florida 32410. d. Contractor shall indemnify and hold harmless and defend the City and its officers, employees, agents and representatives from and against any and all damages, lawsuits, liabilities, claims, costs and expenses including reasonable attorney's fees ("Damages") arising in whole or in part from: (i) the occupation, use or maintenance of the sites by Contractor or anyone claiming by, through or under Contractor; or (ii) the breach of any of Contractor's representations, warranties, covenants or agreements hereunder, including any Damages arising from the PER ADDENDUM #01 combined fault of Contractor and City, but excluding any Damages arising solely from the negligence or willful misconduct of the City. The covenants contained in this paragraph shall survive the termination of this Agreement. e. If any third-party claim is made against the City that, if sustained, would give rise to indemnification liability of the Contractor under this Agreement, the City shall promptly cause notice of the claim to be delivered to the Contractor and shall afford the Contractor and its counsel, at the Contractor's sole expense, the opportunity to join in defending or compromising the claim. The covenants contained in this paragraph shall survive the termination of this Agreement. 9. ATTORNEY'S FEES In the event of any litigation hereunder, each party shall be responsible for its own attorney's fees and court costs at all trial and appellate levels and at any mediation or arbitration. 10. TIME The original scope of work under this contract must be completed by Contractor within 480 days of the date of this Contract. Time is of the essence in this Agreement. 40 11. FORCE MAJEURE The Contractor's failure or inability to perform the stated scope of services at any time as a result of circumstances beyond its control, such as, but not limited to, war, terrorism, strikes, fires, floods, hurricanes, acts of God, power failures, or damage or destruction of any facility related thereto, shall not be deemed a breach of this Agreement. 12. REMEDIES In the event of failure of the Contractor to deliver services in accordance with the contract terms and conditions, the City, after due written notice, may procure the services from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the City may have. All rights and remedies conferred upon PER ADDENDUM #01 the parties in this Agreement shall be cumulative and in addition to those available under the laws of the State of Florida. 13. ASSIGNMENT This Agreement is not assignable. 14. SEVERABILITY In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 15. MODIFICATIONS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the City and Contractor. 16. WAIVER Failure by the City to enforce any provision of this Agreement shall not be deemed a waiver of the provision or modification of this Agreement. A waiver by the City of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 17. NOTICES Any notice required by this Agreement shall be directed to the parties as follows: a. As to City: Chris Truitt, City Administrator ainvtestsschsacn 201 Paradise Path PER ADDENDUM #01 Mexico Beach, Florida 32410 (850) 648-5700 b. As to Contractor: BGN Contractors Contract Representative: Monty Oliva Title/Position: Project Manager Email address: mal-bynseniasencn Mailing address: 25 W. Oak Avenue Panama City, FL 32405 Phone: 850-258-1869 Cell: 850-728-1254 18. ENTIRE AGREEMENT The Request for Proposals, this Agreement, and any exhibits or appendixes attached hereto and incorporated herein, constitutes the entire agreement between parties pertaining to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions oft the parties, whether oral or written, and there are no representations, warranties, covenants or other agreements among them. IN WITNESS WHEREOF, the Contractor has executed this Agreement as of the day and year first above written. BGN Contractors CONTRACTOR NAME Me By: Monty Oliva Print Name: Monty Oliyy Title: Project Manager ATTEST: THE CITY OF MEXICO BEACH, FLORIDA, a municipal corporation Tammy Brunson, City Clerk By: Richard Wolff, Mayor PER ADDENDUM #01 CITY OF MEXICO BEACH - REQUEST FOR PROPOSALS NO. 2025-04 MEXICO BEACH AMPHITHEATER AT PARKER PARK PROJECT & BEACH APPENDIX B BID PROPOSAL FORM CITY OF MEXICO BEACH - REQUEST FOR PROPOSALS NO. 2025-04 MEXICO BEACH AMPHITHEATER AT PARKER PARK PROJECT BID PROPOSAL RFP NO: 2024-04 This proposal of BGN Contractors hereinafter called "BIDDER," organized and existing under the laws of the State of Florida doing business as (Insert a corporation" or "a partnership" or "an individual" as applicable) Partnership is hereby submitted to the City of Mexico Beach. In compliance with the PREQUEST FOR PROPOSALS, BIDDER hereby proposes to perform work associated with the MEXICO BEACH AMPHITHEATER AT PARKER PARK project at certain locations within the City of Mexico Beach as identified in the Instruction to Bidders of this Contract Document and Construction Drawings, as described in this BID, complete in every detail. Please see BID-FORM next page to complete BID FORM in detail. BID should include all applicable taxes, shipping charges and fees as applicable. By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to its own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any other competitor. The Unit Contract Price (Total Base Bid Amount) is: two hundred nine thousand five hundred eighteen dollars $ 209,518.00 (Words) submitted by: BGN Contractors Name of BIDDER Submitting This BID BID Prepared By: Monty Oliva SEAL: (If BID is by Corporation) Name of Individual Who Prepared This BID Contact Email: molva@pomcomtaconcon Address: 25 W. Oak Avenue Panama City, FL: 32405 Phone: 850-728-1254 Signature ofAuthorized Representative of BIDDER: - ll Date: 03-12-2025 CITY OF MEXICO BEACH - REQUEST FOR PROPOSALS NO. 2025-04 MEXICO BEACH AMPHITHEATER AT PARKER PARK PROJECT BASE BID FORM Bid Item # Description Qty Unit Cost Total 1. Design 1.1 Design Services 1 LS $ 12,518 $ 12,518 2. General Conditions 2.1 NobizatomDemobizaton 1 LS $1 11,000 $ 11,000 2.2 Performance and Payment Bonds 1 LS $ 5,000 $5,000 2.3 Construction Testing 1 LS $ 1,000 $1,000 2.4 Demolition 1 LS $ 2,000 $: 2,000 3. Construction 3.1 Foundation Construction 1 LS $4 44,000 $ 44,000 3.2 Amphitheater Construction 1 LS $s 94,000 $ 94,000 3.3 Electrical & Lighting Construction 1 LS $ 38,000 $38,000 4. As-Builts 4.1 As-Built Record Drawings/Closeout 1 LS $ 2,000 $2,000 TOTAL BASE BID (sum of Sections 1 through 4) $209,518 Please the following document a Proposed Project Scope and Bid Clarifications" Notes: 1. Bid Items listed above are further detailed in the Measurement and Payment Section of this Request for Proposal package. END OF BID FORM BGN CONTRACTORS 25 West Oak Ave Panama City, FL 32401 RFP 2025-04 Bid Mexico Beach Amphitheater at Parker Park Project Proposed Project Scope and Bid Clarifications We're looking forward to potentially working on the new amphitheater at Parker Park in Mexico Beach. Our team is currently involved in a similar project at. Aaron Bessant Park for Panama City Beach, and we plan to apply that experience here. Our design will prioritize functionality and a layout that works well for space. We're confident this approach will create an excellent venue for the City of Mexico Beach. Proposed Scope of Work for Amphitheater at Parker Park 1. Demolition Removal of any existing wood structures and materials as necessary to clear the site for construction. 2. Sitework Minor grading to elevate the new foundation and ensure proper drainage away from the stage. 3. Foundation The main slab will be approximately 30' X 15' with four spread footings/piers, similar to the foundation design depicted in the "Palm Beach State College Example." Concrete stairs will be included on one side, with an ADA-compliant concrete ramp on the other side. As small concrete apron will be installed in front of the stage. 4. Structure We propose the installation of a custom 30' X 15' Lam-Wood Wave Bandshell Kit from RCP Shelters, Model LW-BS-W3015-03. The structure, as per the attached drawings LW-BS-W3015-03; will be mounted on top of four concrete piers, similar to the "Palm Beach State College Example." 5. Electrical We propose a single-phase, 400-amp camlock connect switch as required per the Addendum 1 Project Scope Requirements. Included in our proposal are six hanging stage lights (fixtures TBD), and eight 20- AMP outdoor NEMA enclosure-rated receptacles to be installed on the "back wall" in a similar fashion to the Palm Beach State College Example. No receptacles will be installed on the columns/piers. Please note that the Owner/Duke Energy is responsible for supplying adequate power within 5 feet of the structure. BGN will coordinate with Duke Energy as requested. 6. Architectural Features Design and installation of the curved roof, columns, and any additional architectural elements to enhance the aesthetic and functionality of the amphitheater. Included is an approximately 20' long X 6' high back wall to be installed at the back end of the structure in a similar fashion to the "Palm Beach State College" example. The wall will not have a "recess, and will be one continuous run. We propose either a stucco, EIFS, or brick finish, to be determined after design review. Either finish can be provided at no additional cost to the City of Mexico Beach. Mexico Beach insignia/Logo Installed in a similar finish to the "Palm Beach State College Example." 7. Landscaping Installation of new sod within 10' of the structure. The existing palm trees will need to be relocated to accommodate the new bandshell. BGN will attempt to relocate these palm trees to allow space fort the new structure. 8. Other Concerns/Exclusions No mechanical or plumbing work will be required for this project. Landscaping beyond restoration is excluded from the scope. The Design Build Contractor is not responsible for obtaining environmental resource permits or development orders, as the City will handle those. Parking lot construction is not included in the scope. We ask that the City of Mexico Beach allows us sufficient time to finalize the proposed design and analyze the project feasibility based on the current site conditions and requirements. Please note that this project will exceed the estimated timeline for completion of 180 days. Our estimated completion timeline is 240 days after Notice to Proceed, largely due to the significant lead time for the Wood Fabrication of the band shell "wave" design. This item alone has an approximate 16+ week lead time after drawing approval from the Owner/DOR. Our projected construction timeline is as follows: 6 Weeks to finalize design details and provide 100% drawings to DOR. 4 Weeks for DOR approval, after which main construction work begins (demolition, sitework, foundation). 16 Weeks for fabrication of the band shell. 4 Weeks to finalize installation of the structure after delivery to the site. Please note that this timeline is contingent on the design and drawings being approved in a timely fashion. Any delays in reviewlapproval will add days to the project's completion. We are dedicated to delivering a functional and well-designed amphitheater that meets the City of Mexico Beach's needs. With our team's experience in similar projects, we are confident we can complete this project smoothly and efficiently. We look forward to working with the Cityto make this vision a reality. Sincerely, Monty Oliva BGN Contractors (C) 850-728-1254 : - - BGN CONTRACTORS 8 € 9 e - - Z a - S de A H G4 1 S a 9 : B E & - 5 3 - I € I - - a I I € I - $ 8 E E : - f 3 a - 3 : 5 I - S5 6 50 2 € * a à A - a I - 5 - a % à 5 * - : N a I I 0 6 5 a - 5 5 * - e € e $ 6 e E & 8 : € - - a I de du e e 3 7 2 a 8 - e a 3 e - - - d0 € - - 5 a - W - - 2 a & S € - 3 E 0 BID BOND BY THIS BOND, we BGN Contractors as Principal and Merchants National Bonding, Inc. a corporation, as Surety, are bound to the City of Mexico Beach, Florida, as OWNER, in the sum of $ 5% of Total Bid for the payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION of this bond is such that: 1. The Principal has submitted to the OWNER a certain BID dated 3/12/2025 2. If said BID shall be rejected, or, if said BID shall be accepted and the Principal shall execute and deliver a Contract and furnish bonds for the faithful performances of work and for the payment of all persons performing labor and furnishing materials in connection therewith and shall fulfill all other aspects created by the acceptance of said BID, then this obligation shall be void. Otherwise, this bond shall remain in full force and effect with it being expressly understood and agreed that the liability of the Surety and for any and all claims hereunder shall, in no event, exceed the amount of this obligation. This Surety, for value received, hereby stipulates, and agrees that the obligations of said Surety and this bond shall, in no way, be impaired or affected by any extension of time within which the OWNER may accept such BID; and Surety hereby waives notice of any such extension. Signed, sealed, and delivered in three counterparts on CORPORATE PRINCIPAL BGN Contractors By: BGN CNTAACIGRS Attest: Manhy Oiun Its: Profct Mongger ALEXANDRA HAREGNE Notary Public Seal: StateofFlorida Comm# HH536771 Acknowledged and" Fglres Subscribed 6/9/2028 on Mavc 12, 2025 before the undersigned authority by. as the of the Corporation named as Principal and with due authorization of the Corporation. Notary Public R Mheb SURETY Merchants National Bonding, Inc. By: h Guclo Jo M. Chonko, Attorney-in-Fact Attest: Angela Baker, Agent Countersigned: By: N/A Seal: Attorney-in-Fact, State of Florida MERCHANTS - BONDING COMPANY- POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of lowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") ) do hereby make, constitute and appoint, individually, Charles Lydecker; George Byron Norris; Jan Marie Nelson; Jo M Chonko; Michael W Brown; Robert Wagner their true and lawful Attorneyls)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational. Bonding. Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance. or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State ofF Florida Department ofTransportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Alttorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Inl Witness Whereof. the Companies have caused this instrument to be signed and sealed this 3rd day of February 2024 MERCHANTS BONDING COMPANY (MUTUAL) ING COM MERCHANTS NATIONAL BONDING, INC. d/bla MERCHANTS NATIONAL INDEMNITY COMPANY 2003 1933 By ar Try S President! STATE OF IOWA N Tyh COUNTY OF DALLAS SS. On this 3rd day of February 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC:; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Penni Miller Commission Number 787952 My Commission Expires IOWA January 20, 2027 &Notaypibp (Expiration of notary's commission does not invalidate this instrument) 1 William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OFATTORNEY executed by said Companies, which is still int full force and effect and has not been amended or revoked. In Witness Whereof, Ihave hereunto set my hand and affixed the seal of the Companies on this aday of March a0as DNVA SOINS Cole A6 zoer. 2003 1933 Secretary A POA C01S (1/24) & MEXICOBEACH ATTACHMENT H STATEMENT OF EXPERIENCE STATEMENT OF EXPERIENCE This form shall be completed in its entirety and submitted to the OWNER's representative as part of the Proposal. The City of Mexico Beach will be the sole judge in determining the score of the prospective contractor in regard to experience. If the CONTRACTOR will be utilizing a SUBCONTRACTOR for any portion of this project, please indicate below and complete the specific section referenced. Part 3 shall be completed by the entity (either CONTRACTOR or SUBCONTRACTOR) designing and building the amphitheater. CONTRACTOR WILL SELF-PERFORM CONSTRUCTION CONTRACTOR WILL UTILIZE SUBCONTRACTOR TO PERFORM CONSTRUCTION PART 1: CONTRACTOR CONTAGT INFORMATION Company Name: BGN Contractors Address: 25 W. Oak Avenue Panama City, FL 32401 Phone: 850-728-1254 Contact Person: Monty Oliva E-Mail Address of Contact Person: mehagbansentasensen. Number of Similar Projects Completed in the Last 5 Years: 4 Projects PART 2: SUBCONTRACTOR CONTACT INFORMATION Name: Various Subcontractors TBD Address: Phone: Contact Person: E-Mail Address of Contact Person: Number of Similar Projects Completed in the Last 5 Years: PART 3: CONTRACTORISUBCONTRACTOR PROJECT REFERENCES List three successfully projects that are similar in size and complexity of this project completed within the last 5 years: 1. Project Name: Aaron Bessant Park Improvements Owner: Panama City Beach Convention and Visitors Bureau, Inc. Contact Person: Monty Oliva E-Mail Address of Contact Person: mohagbpmsontiadonson Project Description: $2.5 Million Project Additions and Improvements to Aaron Bessant Park 5,000 SF Open Air Stee! Pavilion Structure (Structural Steel, Heavy Timber Trusses, Metal Roofing) with 800 SF CMU Accessory Structure (Electrical, Lighting, Exhaust Fans) Scope of Work entails demolition, earthwork: and improvements including new pavement ornamental encinggatesplasters and landscape vegetation. Project Duration: 8 Months Approximate Date of Completion: Ongoing 2. Project Name: Tyndall AFB Building #585 Owner: Tyndall AFB Contact Person: Copper River Infrastructure Services E-Mail Address of Contact Person: pMagepeisen Project Description: 2 Pavilions: 400 SF Open Air Steel Pavilion and 200 SF Open Air Steel Pavilion Project Duration: 3 Months Approximate Date of Completion: Q3 2022 3. Project Name: Lynn Haven Sports Complex Owner: City of Lynn Haven Contact Person: Chris Forehand E-Mail Address of Contact Person: gP-Mandgegen Project Description: $8 Million Project. Complete remodel of sports park. Relevant scope of work includes (6) open air pavilions Project Duration: 1 Year Approximate Date of Completion: June 2023 PART4: DESIGNERIENGINEER PROJECT REFERENCES List three successfully completed projects that are similar in size and complexity of this project completed within the last 5 years: 1. Project Name: Phipps Park Concession Building Owner: City of West Palm Beach Contact Person: Juliette Shiff. Asante Design Group llc E-Mail Address of Contact Person: Midaaniceiamawpswn Project Description: Civil, Structural, MEP construction documents, design, and calculations Project Duration: 30 months Approximate Date of Completion: November 2024 2. Project Name: Garage Structural Repair & New Pool Owner: Winston Towers 500 Association Inc. Contact Person: Daniel Collot, Property Manager E-Mail Address of Contact Person: dan-pm@wt500.org Project Description: Remedial Pool, Porta-Cochere and Deck Design including structural restoration plan, pool deck design, remedial electrical plan Project Duration: 22 months Approximate Date of Completion: August 2025 3. Project Name: Professional Engineering Services - Glades Central High School Owner: School District of Palm Beach County Contact Person: Louise Feldkamp, Project Manager E-Mail Address of Contact Person: AXe..--A Project Description: Electrical design services for the Area of Recovery Assistance System back into operation and code compliance Project Duration: one year Approximate Date of Completion: July 2021 PART 5: FIRM'S MBE/WBE/DBE STATUS Is your company a state or federally certified Minority or Woman Owned business. Yes or(No. (Circle one). If yes, please provide proof of certification. INVITATION TO BID 2025-04 CITY OF MEXICO BEACH AMPHITHEATER AT PARKER PARK MEXICOBEACH ADDENDUM NO. 1 REQUESTS FOR INFORMATION Issued March 7, 2025 The Bid Due Date and Time remains the same. Bids are due on Thursday, March 12th, 2025 until 2:00 p.m. (Central). The following questions were received from potential bidders and are being addressed below: 1. We are highly interested in this project. Please add us to the bidder's list. City's Response to Request for Information Question No. 1: The City does not keep a bidders list; however, below are the potential bidders that have reached out with questions. Monty Oliva, BGN Contractors LeaAnn Lemley, SteelCon Coating Systems, Inc. Jeannette DesLauries, Monolith Construction - Panhandle, LLC Zach Mclawhorn, Gulf Coast Utility Contractors, LLC 2. Please confirm the correct bid date. Demand Star is showing the 12"h. The Mexico Beach gov site is showing the 6th. City's Response to Request for Information Question No. 2: March 12th is the correct date. 3. - wanted to see if there is a pre-meeting on the Amphitheater at Parker Park bid 2025- 04? City's Response to Request for Information Question No. 3: There is no pre-bid meeting scheduled. Bidders are welcome to visit the site Monday - Friday between the hours of 8 a.m. to 5 p.m. CST. Please notify Emily Thomasee domasseanchgreicom and Tammy Brunson dhomemgmasisadlaen before you plan to visit. 4. Is there any civil work on this or is this just for building the amphitheater? City's Response to Request for Information Question No. 4: Site work will only include any work necessary for the foundation construction and amphitheater construction and electrical service connection (there is power to the site, but the Design Build Contractor is responsible for bringing power from the existing power supply to the don 1 ADDENDUM NO. 1-1 REQUEST FOR QUALIFICAITONS 2025-04 CITY OF MEXICO BEACH AMPHITHEATER AT PARKER PARK amphitheater coordination with Duke Energy will be required). No landscaping is required, however the Design Build Contractor is responsible for returning all areas of the site back to pre-construction condition, which means replacing damaged grass with sod or replacing any other landscape area. Refer to Attachment A of this Addendum with revisions to the Project Scope and Construction Requirements. 5. Will a bid bond be required? If yes, please confirm the bid bond percentage is 5%. City's Response to Request for Information Question No. 5: Yes, a bid bond is required. The Bid Bond form is provided after the Bid Form. The percentage is 5%. 6. What are the days for completion? City's Response to Request for Information Question No. 6: Refer to the "Project Schedule and Cost Estimate" section at the end of Section 3.0 - Project Scope and Construction Requirements. Days for completion is 180. 7. What are the liquidated damages for this project? City's Response to Request for Information Question No. 7: Liquidated Damaged are set at $250/day. Please REMOVE the Agreement and REPLACE with the revised Agreement attached herein (Attachment B of this Addendum). 8. What is the budget for this project? City's Response to Request for Information Question No. 8: Refer to the "Project Schedule and Cost Estimate" section at the end of Section 3.0 = Project Scope and Construction Requirements. The budget is $130,000.00. 9. Could you provide the most recent plan holders list? City's Response to Request for Information Question No. 9: Refer to Response to question no. 1 above. The City does not keep a plan holders list, but the those who are listed in question no. 1 have reached out regarding this project. 10. Is a development order required? If sO, will the costs be part of this bid? City's Response to Request for Information Question No. 10: A development order is not required. 11. Will there be impact fees? If sO, should we include those costs in this bid? City's Response to Request for Information Question No. 11: There will be no impact fees. 12. Section 3.4B of the "Project Scope and Construction Requirements" specifies a slab on grade foundation, but the geotechnical report states, "we do not recommend supporting the proposed structure on conventional shallow foundations. Can you clarify if there's additional design intent to address this? gpdou I ADDENDUM NO. 1-2 REQUEST FOR QUALIFICAITONS 2025-04 CITY OF MEXICO BEACH AMPHITHEATER AT PARKER PARK City's Response to Request for Information Question No. 12: The foundation will need to follow the recommendations of the geotechnical report and the Design Build Contractor's Structural Engineer. Refer to Attachment A of this Addendum with revisions to the Project Scope and Construction Requirements. In addition to the above-received questions, the City makes the following additional modifications to this project. 1. Additional information has been added to the Design Criteria Package (DCP) Section 3, Project Scope and Construction Requirements, regarding coordination with the local power company. Please REMOVE the Design Criteria Package Section 3.0 and REPLACE with the revised Design Criteria Package Section 3.0 attached herein (Attachment A of this Addendum). gfadon 1 ADDENDUM NO. 1-3 Palm Beach State College Example PALM BEACH STATE COLLIGE R - @ - % * - *4 , 9 a : *4 : w4 P ISOnOrOFrasS : - 8 : 8 87 5 3 a I 9 - 5 N E E C I : t Bi a - I 6E 1 3 # a 3 à 8 2 2 E 2 E a - a : 88 a E8 df a : si E 1 i * : s! * 24 KE5 $ a 5 E E Z e E e E % a 5 3 * - 3 e 1 3 $ 6 I 3 E 5 AB 9 : a 55 iin S 1 a 23 BEBS BLA : RII & B a E I A i 35 5 ai E 4 1 1 3 : 49 I J 1 - i 1 5 e . a - I a i - g EEES RCP SHELTERS, INC. yu LW-BS-W3015-03 t 2100 SE RAYS WAY STUART, F 34994 POBOK 25 STUART. FL 34935-0025 OSHEL TERS DPAV VILIONS ACONCESSIONS BKI OSKS DF FABRIC SHADE 0 BRESTROOMS EBANDSHELLS BMNI- SHELT TERS BDUGOUTS BF ABRIC SAIL www. Phone repshallers.e 800-525-0207 com Email For Infoprepshellers. 772-288-0207 com szs ER o UNS 4Y uFon GN OADS o 2 VRLNS OBC CCVND OVENC FMAL OCSON MEXICOBEACH ) City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # % Meeting Date: 3-25-25 Department: Admin Consent Regular Closed Public Hearing: Yes R No Agenda Agenda Session Date of Public Hearing: PRESENTERINFORMATION CONTACT: Chris Truitt ITEM TO BE CONSIDERED Subject: Recycling Service and Franchise Agreement - Florida 27 Recycle Attachment(s): Agreement for Recycling Collection Services Brief Summary: Richard Bracken from Florida 27 Recycle has requested to provide consumer requested, not municipality provided, recycling services to residents within Mexico Beach. The business model is to provide regularly scheduled recycling pickup on a per-customer basis. Mexico Beach created the attached Agreement for Recycling Collection Services (also known as ai franchise agreement) to provide basic requirements for the vendor operating within the city boundaries. t defines key service level agreements, insurance requirements, and a fee of 1% of gross receipts paid to the City of Mexico Beach. Action Requested: The City Council should vote on the agreement. ISSUE OVERVIEW: Background Information & Issue Summary: This is a follow up to previous presentations from Richard Bracken from Florida 27 Recycle. The owner offers recycling services to specific individual property owners requesting and paying for the service. The City of Mexico Beach is not providing recycling services or requiring residents to obtain recycling services. The vendor will pick up recycling materials at customers residences and then transport it out of the city to a sorting facility and ultimately on to recycling partners. The Council previously asked if the vendor would also provide a central drop-off location; the vendor has replied that they will not provide that. Financial Impacts: Minimal revenue generated by the 1% franchise fee. Staff RecommendationsCommens Staff recommends approving the agreement. Participation is voluntary and there is no cost to the city. It provides a recycling service that is not currently available to residents who would prefer to recycle. CITY OF MEXICO BEACH AGREEMENT FOR RECYCLING COLLECTION SERVICES THIS AGREEMENT ("Agreement") is made and entered into as of this day of 2025 ("Effective Date"), by and between CITY OF MEXICO BEACH, FLORIDA, a Florida municipal corporation ("City"), having its principal office at 201 Paradise Path, Mexico Beach, Florida 32456, and FL 27 Recycle, Inc. "Contractor"), a Florida corporation "Contractor"), with a business address of 7415 COUNTY ROAD 30A PORT ST JOE, Florida 32456. RECITALS WHEREAS, Contractor has approached the City to obtain permission to collect certain materials within the City under contract with specific residents of the City as a part of a recycling program for sorting and disposition to be conducted in another locale; WHEREAS, Contractor represents that it has the required degree of specialized expertise, qualifications and experience, and holds all necessary licenses to practice and perform the Recycling Collection Services, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof ("Services"); and WHEREAS, City has agreed to allow Contractor to operate a collection business within the City for recycling outside of the City under the terms and conditions herein. NOW THEREFORE, in consideration of the mutual terms and conditions set forth herein and other good and valuable consideration, the Parties hereto agree as follows: 1. Contractor shall be allowed to operate a business collecting recycling materials within the City and to transport those recyclable materials outside of the City to be sorted and subsequently transported outside of the City. Other than collection of the recyclable materials within the City, no other services shall be performed by Contractor within the City and no sorting, separation or subsequent transport to recycling facilities shall be done within the City. 2. The following documents, collectively referred to as the "Contract Documents", are incorporated into and made part of this Agreement: Page 1 of 26 A. This Agreement including Exhibit "A"; B. Rate Schedule attached as Exhibit "B"; C. Manual of Operational Procedures attached as Exhibit "C"; D. Any additional documents which are required to be submitted in the provision of Services. E. In the event of a conflict in any of the foregoing agreements and this Agreement, the provisions of this Agreement shall prevail. 3. Contractor hereby agrees to perform the Services in accordance with the Contract Documents. A. Contractor shall furnish all services, labor, equipment, and materials necessary and as may be required in the pertormance of this Agreement, except as otherwise specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. B. Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at Contractor's expense. C. Contractor shall schedule regular meetings with the City Administrator at least once a quarter to discuss issues related to the Services. D. Contractor hereby represents to City, with full knowledge that City is relying upon these representations when entering into this Agreement with Contractor, that Contractor has the professional expertise, experience and manpower to perform the services to be provided by Contractor pursuant to the terms of this Agreement. E. Contractor hereby represents to City that Contractor is properly licensed by the applicable federal, state, and local agencies and governmental authorities to provide the services under this Agreement. Furthermore, Contractor agrees to Page 2 of 26 maintain such licenses during the term of this Agreement. If Contractor's license is revoked, suspended, or terminated for any reason by any governmental agency, authority or jurisdiction, Contractor shall notify the City immediately. F. Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and Services described herein. A violation of any federal, state, or local law or regulation may be cause for breach, allowing the City to terminate this Agreement. G. Contractor shall perform the Services with trucks, no older than five model years, to be used for recycling pick-ups within the City pursuant to the terms of this Agreement. All Contractor trucks shall include specific lettering clearly indicating that the trucks are to be used for recycling pick-up within the City. All trucks shall be equipped with a GPS tracking system, and the City shall have access to all GPS tracking data for trucks used pursuant to this Agreement. H. Contractor shall integrate links to its software or provide an email and phone number to be posted on to the City's website within thirty (30) days of the date of this Agreement to ensure the ability of residents to submit complaints and recycling requests including cart replacement and missed pick-ups in a quick and efficient manner. Contractor's software should be designed to develop a "real time" tracking and reporting mechanism for the collection of recycling materials and providing email responses and notices to the requestor and City Administrator once the work has been completed as well as the ability to upload pictures to verify that the work has been completed in a satisfactory manner. I. Contractor shall be responsible for the billing of payments for Services and payment of a fee of 1% of gross collections to the City on a monthly basis, payable no later than the tenth (10) of the month following collections. J. Contractor shall implement the necessary measures to avoid or clean up any spillage during the course of their duties including, but not limited to, the following: Ensuring that during transport all materials are properly contained, covered or enclosed to avoid spillage or blowing off materials. Page 3 of 26 Ensuring that Contractor's employees are properly trained and supervised regarding the need for immediate cleanup of any spillage. Failure to satisfactory resolve the issue of spillage may result in the imposition of administrative penalties by the City. Ensure that the field work pertormed by Contractor under this Agreement is properly supervised by a qualified "Field Supervisor". 4. For a period of one (1) year commencing on the date hereof ("Effective Date"), and for any renewal terms authorized by the City ("Term"), the City hereby grants Contractor a non- exclusive right to perform the Services in and for City residents Contractor shall not be authorized to enter in and upon private property absent agreement of Contractor's customer(s) to do SO, and to travel over and across the present and future streets, alleys, bridges, easements and other public places of City for the purposes of collecting the recyclables within the municipal corporate limits of the City. 5. This Agreement may be renewed and extended by City, at City's sole discretion, on each anniversary date of the Effective Date. In the event that City does not renew this Agreement, Contractor shall cease operations on the final day of the Term and shall have thirty (30) days thereafter to remove all receptacles from the rights-of-way in the City. 6. Contractor will provide local employment opportunity through various City events and job fairs. 7. Contractor commits to enhance its community outreach and education efforts to include but not limited to, new flyers for residential customers, new container labels, and enhanced social media outreach. At a minimum, Contractor shall: A. Each year during the Term, Contractor shall publish and distribute a notice to the residential properties in the City regarding the Services. The notice shall contain a minimum, definitions of the materials to be collected for recycling, procedures for setting out the materials and maps of the Service Area indicating the days when the Services will be provided. Additionally, Contractor shall notify their commercial customers of the rates charged and to provide the City with copies of these notices and commercial collection service agreements. Page 4 of 26 B. Each year during the Term, Contractor shall produce and distribute a magnet, calendar, or similar documentation to the residential units, which describes the day and date of the month on which Bulk Waste Collection Service will be provided. The design of the magnet shall be approved by the City prior to production. C. Contractor agrees to cooperate in complying with requests of up to forty (40) hours per year from the City to supply a recycling truck and driver at public outreach events, provided that notice of at least five (5) Work Days is given. It is understood and agreed that there shall be no charge to the City by Contractor for compliance with any requests to provide a demonstration Collection truck and driver in response to the City's request. D. Contractor will develop a community outreach program which shall consist of a combination of different approaches to bolster public understanding, awareness and efficiency of the various components of the City's recycling program including, but not limited to, the following: Local radio outreach. Coordination with the City. Dissemination of educational materials for citywide distribution to residential and commercial customers. Coordination of E-Waste events to reinforce the importance of recycling and education regarding recycling items for residential and commercial customers. 8. Contractor hereby agrees to abide by and comply with all applicable Federal, State, County and City laws, ordinances and regulations. Contractor and its cash/surety shall indemnify, defend and save harmless City, its City Councilmembers, all its officers, representatives, agents and employees against any claim or liability arising from or based on the violation of any such laws, regulations, ordinances, orders or decrees, whether by itself or its employees. 9. Contractor is required and hereby agrees by execution of this Agreement to pay all employees not less than the State and Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act, as amended and changed from time to time. 10. Contractor agrees to, in the performance of Services under this Agreement, comply with all federal, state, and local Page 5 of 26 laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. 11. Contractor shall obtain, at Contractor's sole expense, all necessary insurance in such form and amount as specified or required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this Agreement. A. The following are required types and minimum limits of insurance coverage, which Contractor agrees to maintain during the term of this Agreement: (1) COMPREHENSIVE GENERAL LIABILITY INSURANCE written on an occurrence basis including, but not limited to: coverage for bodily injury and property damage, personal & advertising injury, products & completed operations, and contractual liability. Coverage must be written on an occurrence basis, with limits of liability no less than: $1,000,000 per occurrence and not less than $3,000,000 in the aggregate to cover at least the following hazards: a. premises and operations; b. products and completed operations; C. independent contractors; d. contractual liability; and e. contractual liability covering the indemnities contained in the Agreement to the extent such indemnity is covered by the required Commercial General Liability insurance. (2) Products & Completed Operations Coverage shall be maintained for two (2) years after the final payment under this Agreement. The City must be shown as an additional insured with respect to this coverage. Page 6 of 26 B. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE covering all employees, and/or volunteers of Contractor engaged in the performance of the scope of work associated with this Agreement. In the case any work is sublet, Contractor shall require the Subcontractors similarly to provide Workers' Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by Contractor. Coverage for Contractor and his Subcontractors shall be in accordance with applicable state and/or federal laws that may apply to Workers' Compensation Insurance with limits of liability no less than $1,000,000 in connection with the Agreement. C. COMPREHENSIVE AUTO LIABILITY INSURANCE covering all owned, non-owned and hired vehicles used in connection with the performance of work under this Agreement, with a combined single limit of liability for bodily injury and property damage no less than: One Million Dollars ($1,000,000.) for each occurrence for personal injury, death and property damage. D. ENVIRONMENTAL/POLLUTION LIABILITY, with a limit of liability no less than $5,000,000 per occurrence and $5,000,000 in the aggregate with a deductible of not more than $25,000. This coverage shall be maintained for a period of no less than two (2) years after final payment of this Agreement. E. UMBRELLA/EXCESS LIABILITY with a limit of no less than $5,000,000 per occurrence and $5,000,000 in the aggregate on terms consistent with the commercial general liability and commercial automobile liability insurance required above. F. All insurance provided for shall be obtained under valid and enforceable policies (collectively "Policies" or singularly "Policy"), and shall be subject to the reasonable approval of City as to amounts and deductibles not specified above, insurance companies, loss payees and insureds. The Policies shall be issued by financially sound and responsible insurance companies authorized to do business in the State of Florida and having a claims paying ability rating of "A" or better by at least two rating agencies, one of which must be AM Best or S&P or such other ratings approved by City. With the exception of workers' compemsation/-ployers liability, the Policies described in this Attachment shall designate City and its successors and assigns as an additional insured and/or loss payee as deemed appropriate by City. Proof of such insurance and certified copies of certificates of insurance evidencing coverage of all Policies to City must be provided to the City prior to the provision of any Services by Contractor. Contractor shall deliver certified copies of Page 7 of 26 certificates of insurance for all renewal Policies to City prior to expiration. G. Any blanket insurance Policy shall provide the same protection as would a separate Policy insuring only the Property in compliance with the provisions. All Policies provided or contemplated shall name Contractor as the insured and City as the additional insured or loss payee, as its interests may appear. To the extent available on a commercially reasonable basis, all Policies provided for in this Attachment shall contain clauses or endorsements to the effect that: No act or negligence of Contractor or anyone acting for Contractor, or failure to comply with the provisions of any Policy, which might otherwise result in a forfeiture of the insurance or any part thereof, shall in any way affect the validity or enforceability of the insurance insofar as City is concerned; The Policies shall not be canceled or non- renewed without at least thirty (30) days' prior written notice to City; City shall not be liable for any insurance premiums thereon or subject to any assessments thereunder. H. In the event that adequate coverage cannot be secured with an approved company satisfactory to City and maintained during the terms of the mortgage, City shall have the right to hold Contractor in material breach of the Agreement and thereby be entitled to its rights and remedies therein. I. Any insurance required of Contractor pursuant to this Agreement must also be required by any sub-contractor in the same limits and with all requirements as provided herein, including naming City as an additional insured, in any work is subcontracted unless such subcontractor is covered by the protection afforded by Contractor and provided proof of such coverage is provided to City. The Contractor and any subcontractors shall maintain such policies during the term of this Agreement. J. City reserves the right to require any other additional types of insurance coverage and/or higher limits of liability it deems necessary based on the nature of Services being performed under this Agreement. K. Contractor shall not commence work under this Agreement until they have obtained all insurance required under this section and have supplied City with evidence of such coverage in the form of an insurance certificate and endorsement. L. Contractor shall indemnify and hold City harmless for any damages resulting from failure of Contractor to take out Page 8 of 26 and maintain such insurance. Contractor's General Liability Insurance Policies shall be endorsed to add City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance Policies. 12. Contractor shall defend, indemnify and hold harmless City, its officers, agents, attorneys, and employees from and against any and all claims, costs, losses and damages including, but not limited to reasonable attorney's fees, caused by the negligent acts or omissions of Contractor, its officers, directors, agents, partners, subcontractors, employees and managers in the performance of the Services under this Agreement. 13. Contractor shall be fully responsible to City for all acts and omissions of Contractor, its employees, subcontractors, suppliers, or other persons directly or indirectly employed by its subcontractors or suppliers, and any other persons or organizations performing or furnishing supplies under a direct or indirect agreement with Contractor. Nothing in the Contract Documents shall create any contractual relationship between City and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of City to pay or to cause the payment of any money due any subcontractor, supplier, employee or agent except as may otherwise be required by law. 14. Nothing contained in this Agreement is any way intended to be a waiver of the limitation placed upon City's liability as set forth in Chapter 768, Florida Statutes. Additionally, City does not waive sovereign immunity, and no claim or award against City shall include attorney's fees, investigative costs or pre- judgment interest. 15. Contractor shall comply with each of the following: A. Keep and maintain public records required by City in connection with the Services for a period of at least seven (7) years after the Term. B. Upon request from City's custodian of public records, Contractor shall provide copies of such records to City or provide copies approved to be delivered to any person requesting records of City, either within five (5) business days. In addition, City shall have the right to review all records, including recording and recordkeeping requirements, maintained by Contractor during normal business hours upon twenty-tour (24) hours' notice. The Page 9 of 26 cost of copies shall not exceed the cost allowed under Chapter 119 of the Florida Statutes or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to City. D. Upon completion of the contract and at no cost to City, upon request of City, transferto City all public records in possession of the contractor or keep and maintain public records required by City to perform the service. If the contractor transfers all public records to City upon completion of the contract, the contractor shall destroy any duplicate public records that are except or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to City, upon requires from City's custodian of public records, in a format that is compatible with the information technology systems of City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, / CONTACT THE CITY CLERK (PUBLIC RECORDS CUSTODIAN) AT MEXICO BEACH CITY HALL, 201 PARADISE PATH, MEXICO BEACH, FLORIDA 32456. 16. Contractor shall provide City with a review of the Revenue and Expense Financial Statement representing the financial results of Contractor with respect to operations provided pursuant to the franchise granted pursuant to this Agreement. The review must be performed in accordance with Statements on Standards for Attestation Engagements and Related Interpretations promulgated by the American Institute of Certified Public Accountants. The annual review shall be delivered to City within one hundred and twenty (120) days of the twelve (12) month period ending Contractor's fiscal year. The audit can be limited to the entity actually providing services and must be specific to the business operations covered under this agreement with City. In addition, a certified annual financial statement ("Annual Report") of Contractor shall be furnished to City within six (6) months of the close of Contractor's fiscal year, and its parent company, if applicable, Page 10 of 26 for each fiscal year, on an annual basis throughout the term of this Agreement or any extension thereof. 17. A certified annual financial statement of Contractor shall be Eurnished to City within six (6) months of the close of Contractor's fiscal year on an annual basis throughout the term of this Agreement or any extension thereof and must be specific to the business operations covered under this agreement with City. No rate adjustments of any type will be granted to Contractor unless all required audits and cost statements have been filed in a timely manner. 18. As required herein, Contractor shall create, maintain, and make available records as defined in, and required by, all applicable local, state, and federal laws, rules and regulations, and shall provide copies of such records, upon written request from City within five (5) business days of any reports as are reasonably necessary to: A. Document collection of materials, source of materials, time delivered to the ultimate facility for sorting and subsequent disposal or transportation, and other information as requested by the City Administrator. For commercial and residential customers, the report shall indicate monthly residential material collected in tons by material type (e.g., recyclable materials). For City facilities, the report shall include cubic yards of material collected and tonnage of material disposed by material type (e.g. recovered materials). B. Document missed collections, late set-outs and improper set-outs on a daily basis including the address, time and date for each and the reason and notice for the improper set-outs. C. For commercial customers document customer accounts including the name of business, contact name and phone number, address, type of Collection Services, frequency for each collection service, and number and size of Bins and Carts for each customer. D. Document overflowing containers, special pickup requests, and other additional services provided. E. Document customer contact or complaints. Page 11 of 26 F. For residential curbside recycling / recovery, Contractor shall establish a method approved by City to estimate and report set-out rates. G. Such other documents and reports as the City Administrator may reasonably require to verify compliance with this Agreement or to meet City's reporting requirements with the State of Florida. 19. Contractor agrees to maintain separate records in a form sufficient to identify gross receipts from customers in the City from the gross receipts for operations in other governmental jurisdictions. 20. A summary table of delivery ticket information from each facility must be attached to the monthly reports. 21. Contractor shall submit monthly reports by the 15th of the following month in an electronic format approved by the City Administrator summarizing the records Contractor is required to create, maintain, and make available to City pursuant to this Agreement. 22. Contractor shall submit annual reports in an electronic format approved by the City Administrator within thirty (30) calendar days following the end of the contract year summarizing the records Contractor is required to create, maintain, and make available to City pursuant to this Agreement. 23. Contractor shall consent to inspection of loads or recyclable materials by City. 24. The City Administrator shall decide any and all questions which may arise concerning the quality and acceptability of the work and services provided by Contractor, the interpretation of the provisions of the Agreement, and the acceptable fulfillment of Contractor's duties under the Agreement. The Contractor shall have the right to appeal any decisions or findings of the City Administrator to the City Council, whose findings and conclusions shall be final and binding. 25. This Agreement or any portion thereof, shall not, under any circumstances, be sublet or assigned without the prior written approval of City. Contractor shall not sell or otherwise dispose of any assets during the term of this Agreement which sale or disposition will in any way affect the ability of Contractor to perform its obligations under this Agreement, without the express Page 12 of 26 prior written consent of City Administrator. For the purposes of this Agreement, a stock sale of Contractor's stock in excess of fifty-one (51%) shall constitute a non-permitted assignment and subject Contractor to the default provisions of this Agreement. 26. During the performance of the Agreement, neither Contractor nor its subcontractors shall discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination Clause. Contractor further agrees that Constractor will ensure that subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 27. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that Contractor is an independent contractor under this Agreement and not City's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or Federal laws, rules or regulations. Contractor agrees that it is a separate and independent enterprise from City, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as Page 13 of 26 creating any joint employment relationship between Contractor and City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 28. Neither City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-pertorming party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 29. Neither party shall, however, be excused from performance if nonpertormance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonpertorming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 30. In addition to express provisions elsewhere contained in this Agreement, City may, after providing ten (10) days advance notice to Contractor, withhold from any payment otherwise due Contractor such amount as determined necessary to protect City's interest, or, if it sO elects, may withhold all or a portion or any monthly payment or refund payment on account of: A. Unsatisfactory work not caused by conditions beyond Contractor's control; B. Defective work that has not been corrected; C. The Contractor's failure to carry out instructions or orders of City, or its representative in accordance with the terms and conditions of this Agreement; D. Execution of work not in accordance with the Agreement; Page 14 of 26 E. Use of any subcontractors without City's prior written approval; F. Unsafe working conditions allowed to persist by Contractor; or G. Failure of Contractor to provide routes, schedules, data, or reports requested by City. If the foregoing problems are corrected as determined by City, payment shall be made to Contractor for the amounts withheld, but City shall not be liable to Contractor for interest on any delayed payment. The City's right to withhold payments under this section will be reasonable in light of the nature of the claim, amount of available insurance and performance bond pursuant to this Agreement. 31. Contractor agrees, in addition to any other remedies available to City, that City may withhold payment from Contractor in the amounts specified below as liquidated damages for failure of Contractor fulfilling its obligations. 32. All complaints received by the City Administrator, or his designee, and reported to Contractor shall be promptly resolved. Complaints shall not include customer informational requests or Recycling Container requests. A complaint not resolved by 3:00 p.m. on the next Business Day, unless otherwise provided in this Agreement, shall count as two (2) complaints. In the event complaints received from curbside customers exceed the following annual or monthly allowable total(s), the City Administrator shall levy as liquidated damages the amount of $200.00 per incident to reimburse City for the cost of receiving, logging, investigating, and following up on the complaint: A $200.00 per incident fee will be assessed to Contractor for monthly complaints that exceed twenty (25) monthly or two hundred (200) annually. 33. The City Administrator may, without regard to the total of customer complaints, also levy liquidated damages at the rate of $200.00 per day per incident for any other infraction of this Agreement to reimburse City for the cost of receiving, logging, investigating and following up on the complaint and or failure to perform, and additional costs that cannot be reasonably quantified. Such infractions include but are not limited to: A. Failure to provide clean, safe, sanitary equipment; B. Failure to maintain office hours as required; Page 15 of 26 C. Failure to provide documents and reports in a timely and accurate manner; D. Failure to repair or replace and/or deliver a Recycling Container within the required time period; E. Failure to clean spillage; F. Failure to cover and/or secure materials on collection vehicles; G. Collection employees out of uniform; H. Failure to provide information on Contractor's vehicles and containers; I. Failure to provide schedule and route mapsi J. Using an improper truck for the specific service provided; K. Failure to submit a disclosure notice to either a customer or the City Administrator; L. Failure to report recycling activity monthly (on or before the 10th day of the following month), in the format determined by City, for the purpose of tracking and verifying citywide recycling activity; M. Failure to respond to customer calls, including all residential and commercial customers, in a timely and appropriate manner; N. Failure to place a contamination sticker in Recycling Containers, as required; 0. Failure to repair damage to property resulting from Contractor's (including agents, employees or subcontractors) equipment failure or negligence within five (5) Business Days; P. Failure to return calls to City in a timely manner; and/or Q. Failure to provide a supervisor on routes to direct operations in safe and satisfactory manner. Page 16 of 26 34. The following constitute serious violations of this Agreement that have negative impacts on City, the costs of which are not reasonably quantifiable, and are subject to liquidated damages and potentially termination of this Agreement. A. Changing routes, including the starting point of a route without approval from City or notification to City and the customers are prohibited and will result in liquidated damages of $500.00 per incident to reimburse City for the costs of managing the service disruption, including the cost of receiving, logging, investigating and following up on customer complaints, communicating with Contractor and coordinating the return to normal service. Additionally, Contractor shall be required to return to the previous route (s) and schedule and properly notify customers in accordance with the requirements of this Agreement at no cost to City. B. Billing commercial customers service charges unauthorized by this Agreement, such as special fuel surcharges, handling charges or billing charges, is prohibited and will result in the assessment of liquidated damages in the amount of $500 per incident to compensate City for the cost of receiving, logging, investigating and following up on customer complaints, communicating with Contractor and the customer, and coordinating the reimbursement to the customer for all non-approved charges. Contractor shall also be required to reimburse the customer for all non-approved charges paid by the customer. C. Failure to complete a route or community on the regular scheduled pickup day shall result in the assessment of liquidated damages in the amount of $100.00 for each route/community per day not completed to reimburse City for the value of services not rendered, costs of managing the service disruption, including the cost of receiving, logging, investigating and following up on customer complaints, communicating with Contractor and coordinating the return to normal service. Each missed route/community shall be completed by 10:00 a.m. of the next Business Day following regular scheduled collection day. Failure to collect missed routes/communities by 10:00 a.m. the next Business Day as required will result in an additional $100.00 assessment for each route/community not completed. 35. In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, Page 17 of 26 if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. City shall be the sole judge of nonperformance. A. In the event there should occur any Material Breach or Material Default in the performance of any covenant or obligation of Contractor which has not been remedied within thirty (30) days after receipt of written notice from City specifying such breach or default (or such longer period of time as is reasonably necessary to cure any such breach or default which is not capable of being cured within thirty (30) days, provided that Contractor has undertaken the cure within such thirty (30) days and proceeds diligently thereafter to cure in an expeditious manner), City, may if such breach or default is continuing, terminate this Agreement upon written notice to Contractor. B. If Contractor shall fail to cure its breach or default as specified in this Section, City may terminate this Agreement upon ten (10) days written notice. In such case, Contractor shall not be entitled to receive further payment for services rendered from the Effective Date of the Notice of Termination. C. In addition, City may invoke performance and payment bonds and may enter into a separate contract for the completion of the Agreement, according to its terms and provisions, or use such other methods as in City's sole opinion shall be required for the completion of the Agreement. D. All damages, costs and charges incurred by City, together with the cost of completing the terms and provisions of the Agreement, shall be deducted from any monies due or which may become due to Contractor. In case the damages, and expenses sO incurred by City shall exceed the unpaid balance, then Contractor shall be liable and shall pay to City the amount of such excess. E. If after Notice of Termination, it is determined for any reason that Contractor was not in breach or default, then the rights and obligations of City and Contractor shall be the same as if the Notice of Termination had not been issued pursuant to the termination for cause clause as set forth in this Section. F. Upon receipt of Notice of Termination, Contractor shall promptly discontinue all affected work unless the Notice of Termination directs otherwise, deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, Page 18 of 26 summaries, such other information as may have been required under the terms of Agreement whether completed or in process. G. The following events shall, without limitation, constitute a Material Breach or a Material Default by Contractor for purposes of this Section: (1) Contractor shall abandon as hereinafter defined, the performance of Collection Services for a period of five (5) consecutive calendar days unless caused by event of Uncontrollable Force. As used herein, the term labandon" shall refer to voluntary cessation of performance of Services. (2) The failure of Contractor to pay amounts owed to City under the terms of this Agreement within fourteen (14) calendar days after such amounts become finally due and payable. (3) In the event that Contractor becomes financially distressed as evidenced by one or more of the following: a. Contractor fails to pay its debts when they become due; b. Contractor has filed for relief or reorganization and bankruptcy or insolvency; C. Contractor makes an assignment for benefit of its creditors in lieu of taking advantage of any available bankruptcy or insolvency law; Contractor shall consent to the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to any substantial part of its property; or if Contractor is adjudicated insolvent or shall take corporate action for the purpose of any of the foregoing. d. The default by Contractor with respect to any obligation to any third party pertaining to Contractor or to Services, which may permit any third party, either Page 19 of 26 immediately or following notice and/or the passage of time to accelerate the maturity of any obligation of Contractor, to assume control of Contractor or take possession of or to transfer or caused to be transferred to any third party any portion of the assets of Contractor, but only if such default materially interferes with or prevents Contractor's performance under the terms of this Agreement. H. If Contractor shall fail to submit a Performance Bond or a renewal or substitute Performance Bond as required pursuant to this Agreement. I. If Contractor shall fail to diligently perform its Services in accordance with the requirements of this Agreement. 36. In the event that any dispute arises between City and Contractor relating to this Agreement performance or compensation hereunder, Contractor shall continue to render the Services and receive compensation from its customers in full compliance with all terms and conditions of this Agreement as interpreted, in good faith, by City, regardless of such dispute. 37. Notwithstanding the other provisions in hereof, City reserves the right to terminate this Agreement at any time whenever the Services provided by Contractor fails to meet reasonable standards of the trade, after City provides written notice to Contractor pursuant to the terms of this Agreement. Upon termination, City may call the performance bond and apply the cash and surety bond for the cost of service in excess of that charged to City by the firm engaged for the balance of the Agreement period. 38. Contractor is required to furnish to City a Performance Bond and Payment Bond, each in the amount of One Hundred percent (100%) of the total estimated annual gross amount for the provision of the Services ("Bonds"). Such Bonds may be in the following form: 1) a Cashier's Check, made payable to City; 2) Bonds written by a surety company authorized to do business in the State of Florida, in accordance with Section 255.05, Florida Statutes (2024); or 3) an Irrevocable Letter of Credit. If the latter is chosen, it must be written on a bank located in Bay County, be in the amount of the Agreement and should clearly and expressly state that it cannot Page 20 of 26 be revoked until express written approval has been given by the City Administrator. The City Administrator, to draw on same, would merely have to give written notice to the bank with a copy to Contractor. A. The Performance Bond shall secure and guarantee Contractor's faithful performance of this Agreement, including but not limited to Contractor's obligation to correct defects after final payment has been made as required by the Contract Documents. The Payment Bond shall secure and guarantee payment of all Subcontractors performing labor on the Project under this Agreement and furnishing supplies, materials or services in connection herewith. These Bonds shall be in effect through the duration of the Agreement plus the warranty period as required by the Contract Documents. B. Each Bond shall be written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The Bonds required hereunder shall be executed by a responsible surety licensed in the State of Florida, and have at least the following minimum qualification in accordance with the latest edition of A.M. Best's Insurance Guide, published by Alfred M. Best Company, Inc., Ambest Road, Oldwick, New Jersey 08858: B+ to A+. Contractor shall require the attorney in fact who executes the required Bonds on behalf of the surety to affix thereto a certified and current copy of this power of attorney indicating the monetary limit of such power. C. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Florida or it ceases to meet the requirements of other applicable laws or regulations, Contractor shall within three (3) Days substitute another Bond and surety, both of which must be acceptable to City Administrator. If Contractor fails to make such substitution, City Administrator may procure such required Bonds on behalf of Contractor at Contractor's expense. D. City may, in City's sole discretion, inform surety of any defaults of Contractor under the Contract Documents and obtain consents as necessary to protect the City's rights, interest, privileges and benefits under and pursuant to any Bond issued in connection with the Services. E. Contractor shall indemnify and hold harmless the City and any agents, employees, representative from and against Page 21 of 26 any Claims, expenses, losses, costs, including reasonable attorneys' fees, as a result of any failure of Contractor to procure the Bonds required herein. 39. This Agreement and the rights and obligation contained herein shall inure to the benefit of and be Binding upon the parties hereto and their respective successors and assigns. 40. Any rights either party may have in the event it terminates this Agreement pursuant to the terms hereof shall survive such termination. 41. No provision of this Agreement is to be interpreted as a penalty upon any party to this Agreement. The parties hereby agree that the rights of City in the event Contractor takes or fails to take certain actions pursuant to this Agreement, are reasonable, and that the parties desire such certainty with regard to such matters. 42. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the Parties shall be in Bay County, Florida. 43. Contractor and City agree to execute, acknowledge and deliver and cause to be done, executed, acknowledged and delivered all such further documents and perform such acts as shall reasonably be requested of it in order to carry out this Agreement and give effect hereto. Accordingly, without in any manner limiting the specific rights and obligations set forth in this Agreement, the parties declare their intention to cooperate with each other in effecting the terms of this Agreement. 44. For purposes herein, the parties agree that time shall be of the essence of this Agreement and the representations and warranties made are all material and of the essence of this Agreement. 45. Captions and Sections headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this Agreement, nor the intent of any provision hereof. 46. No waiver by City of any term, covenant or condition herein contained shall be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The rights and remedies created by this Agreement are cumulative, and are not Page 22 of 26 intended to be exclusive. The use of one remedy under this Agreement shall not be taken to exclude or waive the right or use of another Agreement, and each party shall be entitled to pursue all remedies generally available under the laws of the State of Florida. 47. All exhibits attached hereto contain additional terms of this Agreement and are incorporated into this Agreement by reference. Typewritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. 48. Each party hereby warrants and represents that it has full power and authority to enter into and perform this Agreement, and that the Person signing on behalf of each has been properly authorized and empowered to enter this Agreement. Each party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it. 49. Contractor shall pay all applicable sales, consumer use and other similar taxes required by law. City is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 50. Contractor shall secure and pay for all permits and fees, licenses and charges necessary for the proper execution and completion of the work, if applicable. The costs of all permits, fees, licenses and charges shall be included in the Price Proposal except where expressly noted in the specifications. 51. The employment of unauthorized aliens by any Contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of any contract resulting from this solicitation. If the City or Contractor become aware of the employment of any unauthorized aliens by a sub-Contractor, Contractor shall immediately terminate their subcontract agreement with that subcontractor. Contractor's failure to immediately terminate a subcontract pursuant to this section, may result in the City's unilateral cancellation of this Agreement. 52. Nothing contained in any City ordinance or resolution hereafter adopted, pertaining to the collection of recyclable materials shall in anyway be construed to affect, change, modify or otherwise alter the duties, responsibilities, and operations of Contractor in the performance of the terms of this Agreement, Page 23 of 26 unless it is agreed to in writing by both Contractor and City and this Agreement is amended accordingly. 53. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee, subcontractor, lobbyist, or consultant working solely for Contractor to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee, subcontractor, lobbyist, or consultant working solely for Contractor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement/Franchise, For the breach or violation of this provision, City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 54. In the event that either party shall have to enforce the provisions of this Agreement the prevailing party shall be entitled to recover all of its attorneys' fees, and costs, including paralegal expenses, at both the trial and appellate levels, and further including any post-Judgment proceedings. 55. It is acknowledged that each party to this Agreement had the opportunity to be represented by legal counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing the same shall not apply herein due to the joint contributions of both parties. 56. Contractor shall keep books and records and require any and all subcontractors to keep books and records as may be necessary in order to record complete and correct entries as to services provided and fees charged pursuant to this Agreement. Upon providing reasonable notice, such books and records will be available at all reasonable times for examination and audit by City and its representatives, and shall be kept for a period of seven (7) years after the completion of the Services to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records may be grounds for disallowance by City of any fees or expenses based upon such entries. 57. The documents, records, routing, charges, and pricing of Contractor are proprietary information and records of Contractor, and are exempt from disclosure pursuant to Section 815.045, Florida Statutes, as may be amended from time to time, unless in the sole Page 24 of 26 opinion and judgment of either the City Administrator or the City Attorney, such documents and records are not within said statutory exemption. 58. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, or by facsimile transmission with certification of transmission to the receiving party, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, Contractor and the City designate the following as the respective places for giving of notice: If to Contractor: FL 27 Recycle, Inc. c/o Vernon R. Bracken, President 7415 County Road 30A Port St. Joe, Florida 32456 If to City: City of Mexico Beach c/o City Administrator 201 Paradise Path Mexico Beach, Florida 32456 And a copy to: Timothy J. Sloan Timothy J. Sloan, P.A. 427 McKenzie Avenue Panama City, Florida 32401 59. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 60. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement and the other Contract Documents, this Agreement shall govern. Page 25 of 26 61. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Executed, scanned and emailed copies or executed and faxed copies shall be deemed original counterparts for all purposes set forth herein. 62. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHT, POWER, OR REMEDY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR UNDER OR IN CONNECTION WITH ANY AMENDMENT, INSTRUMENT, DOCUMENT, OR AGREEMENT DELIVERED OR THAT MAY IN THE FUTURE BE DELIVERED IN CONNECTION HEREWITH OR THEREWITH OR ARISING FROM ANY RELATIONSHIP EXISTING IN CONNECTION WITH THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT, AND AGREE THAT ANY SUCH ACTION SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. THE TERMS AND PROVISIONS OF THIS PARAGRAPH CONSTITUTE A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS AGREEMENT. IN WITNESS WHEREOF, the parties have caused these presents to be executed and attested to by their duly authorized officers or representatives and their official seals to be affixed hereon, the day and year first above written. Witnesses: City: CITY OF MEXICO BEACH, FLORIDA By: Name Printed: RICHARD WOLFF, as Mayor Name Printed: Contractor: FL 27 RECYCLE, INC. By: Name Printed: VERNON R. BRACKEN, as President Name Printed: Page 26 of 26 Exhibit A: Scope of Services Florida 27 Recycle provides business and residential customers with weekly recycling pick- up services. Accepted recyclable materials include cardboard, paper, aluminum and tin cans, plastic, and glass. Florida 27 Recycle will supply customers with recycling bins as part of the service. To collect recyclable materials, Florida 27 Recycle will use a 6x12 enclosed trailer and a 12' box truck. AlL collected materials will be delivered to Florida 27 Recycle's warehouse located at 162 US-98, Eastpoint, FL 32328 for sorting and storage. Florida 27 Recycle will process all recyclable materials except for glass for sale to recycling companies in Tallahassee (including Greif and MARPAN). For glass, Florida 27 Recycle plans to acquire a glass pulverizer to convert glass into aggregate or sand for reuse. Customer Sign-Up and Cancellation Customers can sign up electronically via the Florida 27 Recycle website www.rz/Recydle.com, by calling (850) 774-5908, or by emailing eloerz/Reyclecom: Service is provided on a montn-to-montn basis with no long-term commitment. Customers may cancel at any time for any reason through their online account or by contacting Florida 27 Recycle by phone or email. Upon cancellation, the customer's deposit will be refunded after Florida 27 Recycle retrieves the recycling bin. Exhibit B: Fee Schedule RESIDENTIAL SERVICE Monthly Monthly Charge for Charge for Once a Twice a Set up Refundable Week Pick Week Pick fee Deposit up up 18-gal tote $ 10.00 $ 20.00 $ 20.00 48-gal bin $ 10.00 $ 50.00 $ 20.00 BUSINESS SERVICE 23-gal bin $ 10.00 $ 25.00 $ 30.00 48-gal bin $ 10.00 $ 50.00 $ 30.00 200-gal bin $ 10.00 $ 175.00 $ 50.00 $ 100.00 Exhibit C: Manual of Operational Procedures d wwF27Rocyclacom Keplng North Florida Beaunmful Table of Contents 1. Company Overview 2. Employee Responsibilities 3. Customer Registration and Onboarding 4. Collection Procedures 5. Accepted and Prohibited Materials 6. Sorting and Processing 7. Safety Procedures 8. Vehicle and Equipment Maintenance 9. Marketing and Customer Engagement 10. Billing and Payment Procedures 11. Incident Reporting and Resolution 12. Compliance and Regulatory Requirements 13. Performance Monitoring and Reporting 14. Emergency Procedures 15. Review and Updates 1Page 1. Company Overview Florida 27 Recycle is a full-service recycling program serving North Florida's Gulf Coast. The company provides residential and commercial recycling services, including the collection, sorting, and processing of recyclable materials. Mission Statement: To provide an efficient and environmentally responsible recycling service that reduces waste and promotes sustainability in our communities. 2. Employee Responsibilities Management Responsibilities: Oversee daily operations. Ensure compliance with local, state, and federal regulations. Manage customer relations and service quality. Train staff on safety and operational protocols. Driver Responsibilities: Conduct collection routes on schedule. Ensure proper handling of recyclables. Report route issues and vehicle maintenance needs. Follow safety protocols during collection and transport. Sorting Staff Responsibilities: Accurately separate materials at the processing facility. Sort recyclable materials into these following groups; o Cardboard, Paper, Aluminum Cans, Tin Cans, 2IPage Polyethylene Terephthalate (PET 1 #1) High Density Polyethylene (HDPE - #2) Polyvinyl chloride (PVC #3) Low Density Polyethylene (LDPE - #4) Polypropylene (PP - #5) Polystyrene (PS - #6) Glass Identify contamination and properly dispose of non-recyclable items. Weigh each category of recyclable material including contamination. Maintain cleanliness and order in the processing facility. 3. Customer Registration and Onboarding Registration Process: 1. Customers register through the Florida 27 Recycle website or by phone. 2. Confirm customer details and assign an account number. 3. Provide recycling guidelines and collection schedule. 4. Deliver recycling bins to customer's address. Onboarding Materials: Welcome email with program details. List of accepted and prohibited materials. Collection schedule. 4. Collection Procedures Route Planning: Create and optimize routes based on customer location. Adjust routes as needed for weather, road closures, or customer changes. 3Page Collection Steps: 1. Arrive at customer location during scheduled window. 2. Ensure recyclables are properly sorted and not contaminated. 3. Place collected materials into truck compartments. 4. Record collection details (time,issues). Missed Collection: Notify customer if collection was missed due to non-compliance or other factors. Attempt pickup within 24 hours if possible. 5. Accepted and Prohibited Materials Accepted Materials: Paper (newspapers, magazines, office paper) Cardboard (flattened) Plastics (#1,#2, #3, #4, #5, and #6,) Aluminum and steel cans Glass (clear, blue, brown, green, yellow) Prohibited Materials: Construction & Demolition Food waste and liquids Liquid gas containers Hazardous materials (paint, chemicals, batteries) Electronics Multi Layered Packaging 6. Sorting and Processing 1. Deliver collected materials to the sorting facility. 4IPage 2. Separate materials by type using manual and automated methods. 3. Remove contaminated items and dispose of properly. 4. Prepare materials for transportation to recycling processors. 7. Safety Procedures General Safety Rules: Wear PPE (gloves, safety glasses, high-visibility vests). Follow proper lifting techniques. Keep work areas clear of debris. Vehicle Safety: Conduct pre-trip and post-trip inspections. Follow all traffic laws and safety protocols. Report any accidents or vehicle damage immediately. 8. Vehicle and Equipment Maintenance Daily Inspections: Check fluid levels, tires, and lights. Ensure lift mechanisms and compactors are functional. Scheduled Maintenance: Oil changes, tire rotations, and brake inspections every 5,000 miles. Replace filters and worn parts as needed. 9. Marketing and Customer Engagement Community Outreach: Participate in local events (e.g., Florida Seafood Festival). Distribute informational materials and promotional items. 5Page Customer Feedback: Conduct customer satisfaction surveys quarterly. Respond to customer inquiries within 24 hours. 10. Billing and Payment Procedures Customer Billing: For customers registering via website, the system (WIX) automatically processes recurring payments each month. For customers electing to pay by check, send invoices on the 1st of each month. Payment due by the 15th of each month. Payment Methods: Online payment (credit card, ACH). Check by mail. Late Payments: Apply a late fee after 7 days past due. Suspend service after 30 days past due unless payment arrangements are made. Customer Cancellation: Customers may cancel any time for any reason. Customer by cancel online via log into their account and cancel or the customer may email the cancellation notice. Upon receiving the cancellation notice, Florida 27 Recycle will schedule a retrieval of the recycle bin and inspect for damages. After retrieving the recycle bin and noticing no damages, Florida 27 Recycle will refund the customer the deposit. 11. Incident Reporting and Resolution Types of Incidents: Equipment malfunction 6IPage Missed pickups Customer complaints Safety incidents Resolution Process: 1. Document the incident. 2. nvestigate cause and identify corrective action. 3. Communicate resolution to affected parties. 4. Track incident to monitor for repeat issues. 12. Compliance and Regulatory Requirements Maintain business licenses and permits: City of Port St. Joe City of Apalachicola City of Carabelle City of Mexico Beach Florida Department of Environmental Protection Recovered Materials Dealer Certificate Follow local and state guidelines for waste management. Conduct annual compliance audits. 13. Performance Monitoring and Reporting Key Metrics: Collection volume by material type. Route efficiency (time, fuel usage). Sale of recyclable materials ($ per pound, by category) Customer satisfaction score. 7IPage Incident rate. Reporting: Monthly performance report to management. Quarterly customer satisfaction report. Annually Florida DEP Recovered Materials Reporting 14. Emergency Procedures Weather-Related Disruption: Suspend collection in case of hurricanes or severe weather. Notify customers of resumption date via email and text. Accidents/injuries: Provide first aid if necessary. Notify emergency services if needed. Complete incident report within 24 hours. 15. Review and Updates Review operational procedures annually. Update based on feedback, regulatory changes, and operational improvements. Communicate updates to all staff and customers. 8Page MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # a Meeting Date: 3-25-25 Department: Admin Consent Regular Closed Public Hearing: Yes R No Agenda Agenda Session Date of Public Hearing: PRESENTERINFORMATON CONTACT: Chris Truitt ITEM TO BECONSIDERED Subject. Sheriff's Office Agreement Amendment Adding Additional Deputy Attachment(s): Amendment to the Contract for Law Enforcement Services Brief Summary: The Council included funding for an additional deputy in the FY25/26 budget. That deputy is starting 4/1/25; the agreement needs to be amended to include the additional $60,000 for the remainder of this year. Action Requested: The City Council should vote on the agreement. ISSUE OVERVIEW Background Information & Issue Summary: We currently contract six deputies and one supervisor. Previous discussions with the Council included the plan to increase that to seven deputies this fiscal year. The seventh deputy will start 4/1/25 and will cost $60,000 for the remainder of this fiscal year (a total of $120,000 per year). The cost of the current year was originally $1,017,107. It will be $1,077,107 with the additional deputy. We budgeted $1,128,974 leaving $51,867 unused. Financial Impacts: Increase of $60,000 over current expenditures, but still $51,867 under budget. Staff RecommendatonsCommens Staff recommends approving the amendment to provide an additional deputy. AMENDMENT TO LAW ENFORCEMENT SERVICE AGREEMENT THIS AMENDMENT TO LAW ENFORCEMENT SERVICE AGREEMENT ("Amendment") is made and entered into and effective as of this day of March, 2025, by and among the CITY OF MEXICO BEACH, FLORIDA ("City"); and TOMMY FORD, SHERIFF OF BAY COUNTY, FLORIDA ("Sheriff"). WHEREAS, the parties acknowledge that the Law Enforcement Service Agreement dated February 15, 2024 "Agreement" is still in effect and outlines the terms and conditions in connection with police services provided to the City by Sheriff; WHEREAS, this Amendment is executed and delivered to amend and supersede certain provisions of the Agreement; and WHEREAS, the defined terms used in this Amendment shall have the same meanings ascribed to them in the Agreement unless the context or text clearly dictates otherwise. NOW, THEREFORE, in consideration of the promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Section 1.1 is amended as follows: 1.1 The Sheriff agrees to staff the police unit assigned to the City with a minimum of six-(6-seven (7) deputies and one (1) supervisor. These deputies will be scheduled in a manner to ensure competent professional police protection within, and throughout, the corporate city limits of the City and the immediately adjoining area not to exceed one (1) statute mile. All deputies assigned to the City shall perform their patrol duties and responsibilities within the City, except in emergency situations. 2. Section 3.1 is amended as follows: 3.1 Beginning April 1, 2025, through September 30, 2025, Pthe City agrees to pay to the Sheriff the sum of One Million Seventeen Thousand- - One Hundred-and- Seven Dellars f$1,017,107 for the twelvelighty-Nine Thousand Seven Hundred Fifty-Eight and 92/100 Dollars ($89,758.92) per month-peried. Phis-amount is payabie 6 fellewet-Peteber 20237 threugh September 07 2024, inegual installments ne Eighty-Four Thousand Seven-Hundred-FIFifty-tight-and. 92/100-Dollars- f$84,758.92) per menth 1 3. Except as set forth in this Amendment, the Agreement shall remain unmodified and unaltered and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on first date written above. ATTESTED BY: CITY OF MEXICO BEACH, FLORIDA TAMMY BRUNSON, City Clerk RICHARD C. WOLFF, Mayor SHERIFF OF BAY COUNTY, FLORIDA TOMMY FORD, SHERIFF *In this Amendment, language added to an existing section is printed in underscored type and language deleted is printed in struek through-type. 2 MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # r Meeting Date: 3-25-25 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: Ordinance 851 - Beach and Dune Protection 2nd Reading Attachment(s): Abstract 3-11-25 Abstract 2-11-25 Ordinance 851 -Beach and Dune Protection, Business Impact Statement Brief Summary: This is a follow up to the 2-11-25 first read and 3-11-25 second read. The first read contained anguage limiting the protected area to dunes south of 98 from the 8th St. outfall to the Gulf County line. The amended version removed 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). The version for the 2nd read includes language specifically allowing property owners with beach frontage to access the beach across the dune adjacent to or on their property. 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 RerommendaionsCommens Staff recommends approving the ordinance and will seek assistance from the Sheriff's Office to enforce. MEXICOBEACH D 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: RESENIERINFORMATON CONTACT: Chris Truitt ITEM TOI BE CONSIDERED Subject: Ordinance 851 - Beach and Dune Protection 1st Reading Attachment(s): Abstract 2-11-25 Ordinance 851 -Beach and Dune Protection, Business Impact Statement Brief Summary: This is at 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 RecommendatonsCommens 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: PRESENTENINFORMATION CONTACT: Chris Truitt ITEMT TO BE CONSIDERED Subject: Ordinance 851 - Beach and Dune Protection Attachment(s): Ordinance 851 -Beach and Dune Protection, Business Impact Statement Brief Summary: Councilman Smith requested the creation of an ordinance to protect one of our greatest natural assets - the dune system. The new ordinance specifically prohibits walking or traversing in the dune in addition to several more prohibited activities. Action Requested: The City Council should vote on the ordinance. ISSUE OVERVIEW Background Information & Issue Summary: Mexico Beach does not have any dune protection other than state statute, and that does not prohibit walking on the dunes. Walking on dunes disturbs the plant and animal life, degrading our dune system over time. This ordinance aims to correct that. Financial Impacts: None. Staff Resommendhaton.Commens Staff recommends approving the ordinance and will seek assistance from the Sheriff's Office to enforce. 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 provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): Ordinance No. 851 adds Chapter 99 to the Code of Ordinances dealing with beach and dune protection. The Ordinance provides definitions, prohibited acts and penalties seeking to protect the valuable resources of the beach and dunes within the City; thereby, satisfying a public purpose. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c). An estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. There are unlikely to be direct compliance costs associated with Ordinance No. 851. No new charge or fee is imposed by the Ordinance for which businesses 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 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 TO THE CITY OF MEXICO BEACH CODE TO CREATE TO BE ENTITLED "BEACH AND DUNE PROTECTION, 1 RELATING TO PROTECTION OF THE CITY'S BEACHES AND DUNES; ESTABLISHING THE PURPOSE AND INTENT OF THE CHAPTER, 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- enthe Puture-band-Use ap-ef-the-Cemprehemsive-Pien: owned or controlled by the City south of U.S. 98 between Gulf County line on the east and the western City limit. The Preservationt designatien-emeemempaseee-lande 1 seuth-ef eet 1 E Street ane castern - imitand lands-seaward-ef he Ceastal Censtruetien-Contrel tne (CCCL)- The City shall redefine its-the entire foregoing area and any future 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 Planany ehanges-te the area-uper-any etet-le-Ce. 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. $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/repait, 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 bei fore 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 pedestrian)tratic 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 orsites. (h) One walkover, either built or natural, to access the beach from each upland property. 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 5 the City including but not limited to any required notices, hearings and/or appeals. (c) Any person or persons violating this chapter is guilty of a misdemeanor of the second degree, punishable as provided by state statutes. Each person found in violation of this chapter shall be fined for each separate offense a fine of $500.00. (1) Unpaid fines shall accrue interest at the highest rate authorized by Florida law. (2) A certified copy of the order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or persona. 1 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 6 penalty of this section is deemed inconsistent with any Florida 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, "article," or other appropriate word. Section 7. Repeal of Conflicting Codes, Ordinances, and Resolutions. All codes, ordinances and resolutions or parts of codes, ordinances and resolutions or portions thereof of the City of Mexico Beach, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 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 PHEMeA-threw-tyPe. 8 MEXICOBEACH o City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # Meeting Date: 03-25-2025 Department: Admin Consent Regular Closed Public Hearing: Yes No Agenda Agenda Session Date of Public Hearing: PRESENIERINFORMATON CONTACT: Sandy' Walker ITEM TO BE CONSIDERED Subject: Amendment to Policy & Procedure per FDEM and FROC requirements Attachment(s): Pay for work during declared emergencies or Disasters (backfill employee) Brief Summary: FDEM and FROC require Backfill employee's policy to be included in Policy and Procedures for the city Action Requested: Recommend approval ISSUE OVERVIEW Background Information & Issue Summary: FDEM and FROC require the above written policy to be implemented into the City's Policy and Procedure manual Financial Impacts: None Staff RecommendatonsCommens Staff recommends approval PAY FOR WORK DURING DECLARED EMERGENCIES OR DISASTERS Exempt or non-exempt employees who temporarily replace another employee (backfill) who is responding during a declared local state of emergency but only performed regular duties not directly related to disaster response - such employees will receive their normal pay. MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # Meeting Date: 03-25-2025 Department: Admin Consent Regular Closed Public Hearing: Yes No Agenda Agenda Session Date of Public Hearing: PRESENERINPORMATION CONTACT: Sandy Walker ITEM TO BE CONSIDERED Subject: Amendment to Internal Control Policy & Procedure per FDEM and FROC requirements Attachment(s): Duplication of Benefits Brief Summary: FDEM and FROC require Duplication of Benefits policy to be included in Internal Control Policy and Procedures for the city Action Requested: Recommend approval ISSUE OVERVIEW Background Information & Issue Summary: FDEM and FROC require the above written policy to be implemented into the City's Internal Control Policy and Procedure manual Financial Impacts: None Staff RecommendatonsCommens Staff recommends approval DUPLICATION OF BENEFITS City of Mexico Beach is required to ensure that the city prevents any duplication of benefits when it is receiving financial assistance with Federal Emergency Management Agency (FEMA), and other federal funding sources. FEMA expects themselves to be the last resort for the applicant. If the applicant receives insurance proceeds or funds from other grants, they should be used to offset the FEMA claims. PURPOSE The purpose of the policy on Duplication of Benefits is to ensure that the City of Mexico Beach is not receiving grant funds to pay for particular costs where there is another source of financial assistance that is available to pay for that same cost and to identify specific events where the dupucation of benefits checks will take place to reduce the risk of duplication. Key Events to review for potential duplication of benefits include: Application for grant funds Acceptance of grant funds Management of grant funds APPLICABILITY This policy pertains to the FEMA, HUD, American Rescue Plan Act (ARPA), and other federal funding sources provided to Bay County following a Federally recognized disaster. A duplication of benefits occurs when a government receives financial assistance from multiple sources for the same purpose, and the total assistance received for that purpose is more than the total need for assistance. ENSURING COMPLIANCE At the award and acceptance of funds from FEMA, HUD, ARPA and/or other Federal Funding sources, City of Mexico Beach will ensure the funds are not duplicative for any activity by completing the following steps: 1. Review the award notice and information that dentifies the purpose of the funds. 2. Analyze other sources that have been received, anticipated, or that are available and determine if they could be used for the same sources. 3. Conduct ongoing research to understand new funding assistance that becomes available and evaluated as needed.