HomeMy Public PortalAbout03282024 Packet
CITY COMMISSION REGULAR MEETING AGENDA
Thursday, March 28, 2024 at 5:30 PM
City Commission Chambers – 105 S. 2ND Street, Flagler Beach, FL 32136
THE REGULAR MEETING WILL IMMEDIATELY FOLLOW THE WORKSHOP. ALL MEETING ITEMS WILL BE
CONTINUED UNTIL MEETING IS COMPLETE.
1. Call the meeting to order
2. Pledge of Allegiance followed by a moment of silence to honor our Veterans, members of the Armed
Forces and First Responders
3. Deletions and changes to the agenda
4. Public comments regarding items not on the agenda
Citizens are encouraged to speak. However, comments should be limited to three minutes. A thirty-
minute allocation of time for public comment on items not on the agenda. Each speaker has up to three-
minutes to address the Chair, and one opportunity to speak, no time can be allotted to another speaker.
5. Consent Agenda
a. Approve the Minutes of the March 14, 2024 Workshop and Regular Meetings.
6. General Business
a. Resolution 2024-24 a resolution by the City of Flagler Beach, Florida, approving Easement Agreements
between the City of Flagler Beach and DCB Orchid to construct infrastructure within the City of Flagler
Beach and utilize the associated property for the purposes of leasing the infrastructure, providing for
conflict and effective date.
b. Resolution 2024-20, a resolution by the City of Flagler Beach, Florida, authorizing the City Manager to
submit an application to the Florida Inland Navigational District for the 2024 Grant Cycle; providing for
conflict and effective date.
c. Resolution 2024-21 a resolution by the City of Flagler Beach, Florida, approving a proposal from McKim
& Creed, Inc. for Engineering & Field Assessment Services, Wastewater Collection System Investigation
related to Consent Order 23-0409 "In-kind" Project in an amount not to exceed $50,000, providing for
conflict and effective date.
d. Resolution 2024-22 a resolution by the City of Flagler Beach, Florida approving a Master Service
Agreement and Statement of Work for Forerunner Software in an amount not to exceed $20,500,
providing for conflict and effective date.
e. Resolution 2024-23 a resolution by the City of Flagler Beach, Florida, declaring certain property to be
surplus, providing for conflict and effective date.
7. Public Hearings
a. Ordinance 2024-03 an ordinance by the City of Flagler Beach, Florida, amending Article II of the City of
Flagler Beach Land Development Regulations relating to signs; reducing the window sign allowance;
amending the size and time allowance for temporary banner signs; providing for severability; providing
for codification, conflicts, and effective date - final reading.
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b. Ordinance 2024-04 an ordinance of the City of Flagler Beach, Florida, relating to impact fees; adopting
the Fee Study prepared by Tischler Bise; increasing the amounts to be charged for water and
wastewater impact fees; adopting new Police, Fire, Library, and Parks and Recreation Impact Fees;
establishing an administrative charge consistent with state law; amending regulations pertaining to the
collection, use, and timing of payments of Water, Wastewater, Police, Fire, Library, and Parks and
Recreation Impact Fees; providing for notice of increased and new fees; providing for codification;
providing for severability and conflicts, and providing an effective date. – first reading.
c. Ordinance 2024-05 an ordinance by the City of Flagler Beach, Florida, amending Chapter 2, Article IX of
the City of Flagler Beach Code of Ordinances relating to purchasing and procurement; addressing
suggestions made by the Florida Department of Emergency Management; adding provisions related to
procurements regulated by 2CFR, Part 200; providing for severability; providing for codification,
conflicts, and effective date - first reading.
8. Staff Reports
a. City Attorney:
b. City Manager:
c. City Clerk:
d. Department Weekly Reports
9. Commission Comments
a. Commission comments, including reports from meetings attended.
b. Public comments regarding items not on the agenda. Citizens are encouraged to speak. However,
comments should be limited to three minutes. A thirty-minute allocation of time for public comment
on items not on the agenda. Each speaker has up to three-minutes to address the Chair, and one
opportunity to speak, no time can be allotted to another speaker.
10. Adjournment
RECORD REQUIRED TO APPEAL: In accordance with Florida Statute 286.0105 if you should decide to appeal
any decision the Commission makes about any matter at this meeting, you will need a record of the
proceedings. You are responsible for providing this record. You may hire a court reporter to make a verbatim
transcript, or you may buy a CD of the meeting for $3.00 at the City Clerk’s office. Copies of CDs are only
made upon request. The City is not responsible for any mechanical failure of the recording equipment. In
accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact the City Clerk at (386) 517-2000 ext 233 at least 72 hours prior to the
meeting. The City Commission reserves the right to request that all written material be on file with the City
Clerk when the agenda item is submitted.
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STAFF REPORT
Regular City Commission Meeting
March 28, 2024
To: Elected Officials
From: Dale L. Martin, City Manager
Date: March 28, 2024
Item Name: Resolution 2024-24 a resolution by the City of Flagler Beach, Florida, approving
Easement Agreements between the City of Flagler Beach and DCB Orchid to construct
infrastructure within the City of Flagler Beach and utilize the associated property for
the purposes of leasing the infrastructure, providing for conflict and effective date.
Background: City officials were approached by representatives of DCB Orchid to support the development of a
state-of-the-art communication system. A summary of the project is attached to this report. Mr. Chris Gatch,
Executive Vice President of DCB, will offer a more detailed presentation about the project.
The City Attorney reviewed the proposed easements provided by DCB counsel. The City Attorney may have
additional comments.
Fiscal Impact: Although the easements will be granted for $10.00 (for each easement), DCB will provide additional
payment of $100,000 for each of the first two cables landed in the city for a total of $200,000. Each payment
would be made within (90) days after a customer receives an FCC landing license for a cable terminating in the
city.
Staff Recommendation: Staff recommends approval of proposed Resolution 2024-24
Attachments: Project Overview
Proposed Resolution 2024-24
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Section 6, Item a.
RESOLUTION 2024-24
A RESOLUTION BY THE CITY OF FLAGLER BEACH, FLORIDA, APPROVING
EASEMENT AGREEMENTS BETWEEN THE CITY OF FLAGLER BEACH AND DCB
ORCHID TO CONSTRUCT INFRASTRUCTURE WITHIN THE CITY OF FLAGLER
BEACH AND UTILIZE THE ASSOCIATED PROPERTY FOR THE PURPOSES OF
LEASING THE INFRASTRUCTURE, PROVIDING FOR CONFLICT AND EFFECTIVE
DATE.
WHEREAS, the City Commission wishes to engage with DCB Orchid to construct state of the art
communications infrastructure; and
WHEREAS, the easements are necessary to construct the infrastructure within our municipal
limits.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FLAGLER BEACH:
SECTION 1. The Flagler Beach City Commission authorizes the Mayor to endorse the easements
after review and approval by the City Attorney, which will be attached to the resolution as Exhibit
“A”, and will reflect the locations in the material supplied to the Commission while reviewing and
approving this resolution.
SECTION 2. All resolutions or parts of resolutions in conflict herewith be and the same are hereby
repealed.
SECTION 3. This Resolution shall become effective immediately as provided by law.
PASSED AND ADOPTED THIS ________ DAY OF MARCH, 2024.
CITY OF FLAGLER BEACH, FLORIDA
CITY COMMISSION
ATTEST:
______________________________
Patti King, Mayor
_______________________________
Penny Overstreet, City Clerk
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Section 6, Item a.
Memorandum
To: City of Flagler Beach
Dale Martin, City Manager
D. Andrew “Drew” Smith, III, City Attorney
Date: March 19, 2024
Re: Project Orchid - Connecting the Palm Coast to the Future of the
Internet
This Memorandum outlines the collaboration between the City of Flagler Beach and DC BLOX
to establish a state-of-the-art Communication System (subsea Outfall, Fronthaul, and Cable Landing Station (CLS)) in the Flagler Beach and Palm Coast communities. Project Orchid represents a transformative opportunity to position the area as a key player in the global digital infrastructure landscape.
Highlights
• Critical Infrastructure: Subsea fiber optic cables are the backbone of the internet, and Project Orchid will host up to eight of them in Palm Coast, significantly increasing global Internet capacity and reliability on the East Coast.
• Strategic Location: Flagler Beach's unique characteristics make it ideal for landing these cables (Outfall), and Palm Coast will be the heart of the operation.
• Multi-Tenant Data Center: The CLS will not only serve as a landing site for subsea cables, but also house a secure, open-access data center. This facility will attract various telecommunications companies and internet service providers, fostering a competitive marketplace for high-speed connectivity.
• Economic Engine: Project Orchid will be a catalyst for economic growth in Palm Coast. It will create a small number of high-paying jobs, attract new businesses, and help diversify the local economy.
• Global Connectivity: New terrestrial fiber routes will connect Palm Coast to key internet hubs like Northern Virginia, Atlanta, and major cloud locations, boosting your community's access to the digital world.
• Experienced Partner: DC BLOX has a proven track record of building and operating data centers across the Southeast, including a successful Outfall, Fronthaul, and CLS in Myrtle
Beach, South Carolina. They are committed to local engagement and sustainable
development.
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Section 6, Item a.
City of Flagler Beach March 19, 2024
Page 2 of 7
What's in it for Flagler Beach and the Palm Coast area?
• Enhanced Internet Access: Residents and businesses will benefit from faster, more reliable internet speeds, improving educational opportunities, business productivity, and quality of life.
• Technology Hub: The CLS will attract other technology and communications companies and startups, creating a healthier technology ecosystem.
• Diversification and Growth: Project Orchid will attract new talent and investments, diversifying the economy and creating high-quality jobs.
• Community Development: DC BLOX is committed to partnering with local schools, businesses, and organizations, ensuring the project benefits everyone in Palm Coast.
• Financial Benefit: Direct payments to the City of Flagler Beach for easements will generate additional funds for the City.
Project Overview
Subsea cables connect from the ocean using a horizontal directionally drilled bore pipe that
originates from the landing location on the shore and extends under the sea floor approximately 2,000 feet from the shore. Each subsea cable is fed into a bore pipe and routed into a Beach Manhole (BMH) at the Outfall locations. The BMH is a concrete vault that is buried underground like all infrastructure associated with this project.
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Section 6, Item a.
City of Flagler Beach March 19, 2024
Page 3 of 7
The cables will come ashore at two separate Outfall sites. The first location is at N 11th Street (Northern Outfall) as displayed below:
The second location comes ashore between S 5th Street and S 6th Street (Southern Outfall) as displayed below:
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Section 6, Item a.
City of Flagler Beach March 19, 2024
Page 4 of 7
The Northern Outfall and Southern Outfall will be connected to the cable landing station in Palm Coast by an underground conduit system from each landing site to the CLS site. The current plan is to construct much of the Fronthaul conduit system within the existing right of way and obtain easements from property owners where there is not available right of way.
What We Need from the City of Flagler Beach
An Easement Agreement with the City will be necessary at the Northern Outfall and Southern
Outfall sites for three City owned properties, parcel ID #s 01-12-31-1100-00150-0060, 12-12-31-
4500-00730-0340 and 12-12-31-4500-00120-0020. The first parcel is to accommodate the Northern Outfall and the two remaining parcels accommodate the Southern Outfall. DC BLOX will need a permanent cable easement where the cable and infrastructure is constructed outside of the right of way and a temporary construction easement for the parcels for the construction of the
cable line and infrastructure. A right of way utilization permit or license for the cable within the
right of way is anticipated with the City. That process will need to be identified. Images of the easements needed at the two (2) Outfalls are included at the end of this document. The easements will be conditional on USACE permit approval for our landing location, meaning they will terminate if such permits are not received by a defined date.
Construction Timeframe
It is anticipated that initial construction of the total project would take approximately 9-12 months after permits are received. The two (2) Outfall sites may be constructed at different times depending on outside factors, and the timeframe for each Outfall is 4-6 months during the off-season of November - April. DC BLOX understands that a beach renourishment project is
currently scheduled for 2024 through March 2025, and we will not start construction on the
Southern Outfall until the beach renourishment project is complete.
After the initial project is complete, there is will smaller construction projects when each new cable is landed to install an Ocean Ground Bed (OGB). The OGB is a small array of underground metal
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Section 6, Item a.
City of Flagler Beach March 19, 2024
Page 5 of 7
rods drilled or buried directly in the earth and connected to the subsea cable conduit system. We anticipate locating these OGBs in the parking lot between S. 5th and 6th for the Southern outfall and in the parking lot of the Catholic church for the Northern outfall. The latter shall be secured via a private easement with the church. The OGBs will be installed after each subsea cable is
installed which is estimated to take place over a period of 1 to 3 years. The duration of each OGB
construction project will be ~ 2-4 weeks.
Moving Forward:
• A draft Easement Agreement is being presented to you with this Memorandum covering our use of the parcels mentioned above. DC BLOX looks forward to working with you and the
City Attorney to finalize the details of this easement for ultimate approval by the City Council.
• We also look forward to discussions regarding the ROW permitting process so we can begin to develop the proper documentation to support that request.
• Project Orchid is more than just a data center; it's a gateway to a connected and prosperous future for Palm Coast. By partnering with DC BLOX, the City can unlock its digital potential
and secure its place in the digital economy.
• Collaboration is key. This MOU establishes a framework for cooperation between the City and DC BLOX to permits, and easements necessary for the project's success.
• Transparent communication is vital. DC BLOX will keep the City Council and appropriate city staff informed throughout the project, addressing any concerns.
I hope this summary effectively communicates the importance and potential of Project Orchid to your City Commission. Please let me know if you have any further questions.
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Section 6, Item a.
City of Flagler Beach March 19, 2024
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Southern Outfall Easement Area
Northern Outfall Easement Area
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Section 6, Item a.
City of Flagler Beach March 19, 2024
Page 7 of 7
Southern Outfall Permanent Easement and Temporary Workspace
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Section 6, Item a.
STAFF REPORT
Regular City Commission Meeting
March 28, 2024
To:
From:
Date:
Item Name:
Elected Officials
Dale L. Martin, City Manager
March 28, 2024
Resolution 2024-20 a resolution by the City of Flagler Beach, Florida, authorizing
the City Manager to submit an application to the Florida Inland Navigational
District for the 2024 Grant Cycle; providing for conflict and effective date.
Background: The Florida Inland Navigation District (FIND) offers competitive funding through its 2024 Waterways
Assistance Program. In summary, “Project types eligible for funding include public navigation, public waterway
access facilities, waterfront parks, environmental education and boating safety projects directly related to the
waterways. Funding is provided at a “50/50” match with local funds.
The City’s proposed project to submit for funding is the improvement of State land located on the western shore
of the Atlantic Intracoastal Waterway (AICW) beneath the State Route 100 (Moody Boulevard) bridge. The site is
currently heavily overgrown with invasive vegetation (Brazilian pepper trees). The site is frequently used for shore-
based fishing. Once appropriately cleared, the visibility and accessibility of the site will be significantly enhanced.
The project seeks funding to clear the site of the invasive vegetation, enhancing the visibility and accessibility of
the site. The project also includes the installation of approximately 100’ x 8’ of “paver blocks” to provide off-street
parking for approximately four vehicles. Two picnic tables are also proposed for the site.
The proposed project was endorsed by the City’s Ad Hoc Parks Committee and by Flagler County FIND
Commissioner Randy Stapleford.
The project will likely be submitted on a conditional basis: it appears that two different State agencies have
authority over the subject parcel. The agency of authority must be clarified before the project can be started.
The grant application is due (electronically) to the FIND office by no later than April 1, 2024.
Fiscal Impact: The cost of the project is estimated at $15,000: commercial clearance of vegetation, paver blocks,
and picnic tables. If awarded, the project will be funded through the General Fund, Recreation Department, Line
001.5800.606300 (Improvements).
Staff Recommendation: Staff recommends approval of proposed Resolution 2024-20
Attachments: 2024 Waterways Assistance Program Application (portion), Correspondence, D. Martin to D.
English (March 4, 2024; with attachments) Correspondence, D. English to D. Martin (March 15, 2024)
Proposed Resolution 2024-20.
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Section 6, Item b.
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Section 6, Item b.
ATTACHMENT E-2
APPLICANT INFORMATION & PROJECT SUMMARY
WATERWAY ASSISTANCE PROGRAM FY 2024
Applicant:
Department:
Project Title:
Project Director: Title:
Project Liaison:
(if different from Director)Title:
Mailing Address:
City: Zip Code:
Email Address: Phone #:
Project Address:
*** I hereby certify that the information provided in this application is true and accurate. ***
SIGNATURE: DATE:
Form No. 90-22, Rule 66B-2, (New 12/17/90, Rev.07-30-02, 04-24-06)
PROJECT NARRATIVE (Please summarize the project in space provided below in 2 paragraphs or less.)
APPLICANT INFORMATION
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Section 6, Item b.
ATTACHMENT E-3
PROJECT INFORMATION
WATERWAY ASSISTANCE PROGRAM FY 2024
Applicant: Project Title:
Total Project Cost: $ FIND Funding Requested: $ % of Total Cost:
Amount of Applicant’s Matching Funds:
1.Ownership of Project Site (check one): Own: ☐ Leased: ☐ Other: ☐
2.If leased or other, please describe lease or terms and conditions:
3.Has the District previously provided assistance funding to this project or site? Yes: ☐ No: ☐4.If yes, please list:
5.What is the current level of public access in terms of the number of boat ramps, boat slips andtrailer parking spaces, linear feet of boardwalk (etc.)? (as applicable):
6.How many additional ramps, slips, parking spaces or other access features will be added by thisproject?
7.Are fees charged for the use of this project? No ☐ Yes **
**If yes, please attach additional documentation of fees and how they compare with fees from similar public & private facilities in the area.
Please list all Environmental Resource Permits required for this project:
AGENCY Yes / No / N/A Date Applied For Date Received
WMD
DEP
ACOE
Form No. 90-22a (New 10-14-92, Rev. 04-24-06, 4-15-07)
Source of Applicant’s Matching Funds:
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Section 6, Item b.
ATTACHMENT E-4
EVALUATION WORKSHEET
WATERWAY ASSISTANCE PROGRAM FY 2024
DIRECTIONS:
All applicants will complete questions 1 through 6, and then based on the type of
project, complete one and only one subsection (E-4A, B, C, D or E) for questions 7-10.
***Please keep your answers brief and do not change the pagination of Attachment E-4***
All other sub-attachments that are not applicable to an applicant's project should not be included in the submitted application.
Project Title:
Applicant:
1)PRIORITY LIST:
a)Denote the priority list category of this project from Attachment C in the application.(The application may only be of one type based upon the predominant cost of theproject elements.)
b)Explain how the project fits this priority category.
(For reviewer only) Max. Available Score for application
Question 1. Range of Score (1 to points)
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Section 6, Item b.
2)WATERWAY RELATIONSHIP:
a)Explain how the project relates to the ICW and the mission of the Navigation District.
b)What public access or navigational benefit to the ICW or adjoining waterway will
(For reviewer only) (1-6 points)
3)PUBLIC USAGE & BENEFITS:
a)Describe how the project increases/improves boater/public access.Estimate the amount of total public use.
b)Discuss the regional and local public benefits provided by the project.Can residents from other counties of the District reasonably access and use theproject? Explain.
c)Has the local Sponsor implemented or plans to implement any boating access, speedzone, commercial access or other restrictive use of this site?
(For reviewer only) (1-8 points)
result from this project?
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Section 6, Item b.
4)TIMELINESS:
a)Describe current status of the project and present a reasonable and effectivetimeline for the completion of the project consistent with Attachment E-6.
b)Briefly explain any unique aspects of this project that could influence the timeline.
(For reviewer only) (1-3 points)
5)COSTS & EFFICIENCY:
a)List funding sources and the status and amount of the corresponding funding that willbe utilized to complete this project including any cash match or matching grant funds.
b)Identify and describe any project costs that may be increased because of the materialsutilized or specific site conditions.
(For reviewer only) (1-6 points)
d) If there are any fees, please explain where these fees go and what they are used for. Inaddition, please provide a listing of the fees charged by similar facilities, public and private, inthe project area.
c) Are there any fees associated with the use of this facility? If so, please list or attach fee sheet.
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Section 6, Item b.
6)PROJECT VIABILITY:
a)Why is the project necessary and what need will it fill? Why are existing facilitiesinsufficient to meet demand?
b) Clearly demonstrate how the project will continue to be maintained and funded after funding iscompleted.
c)Is this project referenced or incorporated in an existing maritime management, public assessor comp plan?
(For reviewer only) (1-7 points)
SUB-TOTAL
FIND FORM NO. 91-25 Rule 66B-2.005 (Effective Date: 3-21-01, Revised 4-24-06, 1-27-14)
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Section 6, Item b.
ATTACHMENT E-4A
EVALUATION WORKSHEET
DEVELOPMENT & CONSTRUCTION PROJECTS
WATERWAY ASSISTANCE PROGRAM FY 2024
THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A DEVELOPMENT OR CONSTRUCTION PROJECT BUT IS NOT AN INLET MANAGEMENT OR BEACH
RENOURISHMENT PROJECT.
7)PERMITTING:
a)Have all required environmental permits been applied for? (USACE, DEP and WMD)If permits are NOT required, explain why not.
b)If the project is a Phase I project, please provide a general cost estimate for the futurePhase II work.
c)Detail any significant impediments that may have been identified that wouldpotentially delay the timely issuance of the required permits.
(For reviewer only) (1-4 points)
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Section 6, Item b.
8)PROJECT DESIGN:
a)Has the design work been completed?If this is a Phase I project, has a preliminary design been developed?
b)Are there unique beneficial aspects to the proposed design that enhance publicusage or access, minimize environmental impacts, improve water quality orreduce costs?
(For reviewer only)
(1-2 points)
9)CONSTRUCTION TECHNIQUES:
a)Briefly explain the construction techniques and materials to be utilized for this project.Identify any unique construction materials that may significantly alter the project costs.If a Phase 1, elaborate on potential techniques.
b)What is the design life of the proposed materials compared to other availablematerials?
(For reviewer only) (1-3 points)
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Section 6, Item b.
10)ENVIRONMENTAL COMPONENTS:
a)How has the facility where the project is located demonstrated commitment toenvironmental compliance, sustainability, and stewardship?
b)What considerations, if any, have been made for sea level rise impacts in the designand life span of this project?
(For reviewer only) (1-3 points)
RATING POINT TOTAL
Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency-related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding.
Form No. 91-25A
Rule 66B-2.005 (Effective Date: 3-21-01, revised 4-24-06, 1-27-14)
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Section 6, Item b.
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Dale Martin
From:Dale Martin
Sent:Monday, March 4, 2024 3:32 PM
To:English, Dana
Cc:Randy Stapleford
Subject:RE: Flagler Beach SR100 Bridge
Attachments:Attachments.pdf
Good afternoon, Ms. English:
Please find attached a series of documents to provide an overview of the City’s desired beautification/recreation effort
as discussed previously.
The attachments are labelled in the upper righthand corner for reference.
A‐ A plat of the area, including what is labelled as the right‐of‐way for “SRD Route #11” (what is now SR100). The
highlighted portion illustrates the under‐bridge parcel abutting the Atlantic Intracoastal Waterway (AICW).
B‐ The site as viewed when approached from the west along Palm Drive (the only access to this site).
C‐ The parcel (on the right) as seen looking north on Lambert Avenue from Palm Drive.
D‐ The parcel (on the left) as seen looking south on Lambert Avenue.
E‐ The parcel’s south boundary viewed from the west.
F‐ An “internal” photo of the site.
G‐ The parcel’s north boundary viewed from the west.
H‐ An internal view of the parcel looking north along the AICW.
I‐ An internal view of the parcel looking south along the AICW.
J‐ An eastward view from the parcel directly across the AICW.
K‐ A westward view of the parcel from directly across the AICW.
L‐ An example of the facilities desired to be placed on the subject parcel (these facilities are located on the eastern
side of the AICW directly across from the subject parcel).
Not illustrated but desired is the placement of “paver blocks” at the edge of the road to support two or three parallel
parking spaces for the site. These paver blocks would protect the edge of pavement from deterioration due to vehicle
traffic parking on‐site.
As previously indicated, I am currently seeking a proposal from a professional landscaper to clear the parcel if
permission/authority is granted. It is the intent of the City to financially support this project with not only assistance
from the Florida Inland Navigation District, but with additional funding support from a private entity desiring to support
City beautification efforts.
I hope that this information offers sufficient conceptual support for FDOT consideration. If you desire additional
information, please contact me.
Mr. Dale L. Martin
City Manager
City of Flagler Beach
PO Box 70
Flagler Beach, FL 32136
(386) 517‐2000 ext. 222
dmartin@cityofflaglerbeach.com
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Section 6, Item b.
2
Florida has a very broad Public Records Law. Virtually all written communications to or from State and Local Officials and employees are public records available to the public and media upon request. The City of Flagler Beach’s policy does not differentiate between personal and business emails. This means email messages, including your e-mail address and any attachments and information we receive online might be disclosed to any person or media making a public records request. E-mail sent on the City system will be considered public and will only be withheld from disclosure if deemed confidential or exempt pursuant to State Law. If you are an individual whose identifying information is exempt under 119.071, Florida Statutes, please so indicate in your email or other communication. If you have any questions about the Florida public records law refer to Chapter 119 Florida Statutes.
Website: [www.cityofflaglerbeach.com]www.cityofflaglerbeach.com
From: English, Dana <Dana.English@dot.state.fl.us>
Sent: Friday, March 1, 2024 3:32 PM
To: Dale Martin <dmartin@cityofflaglerbeach.com>
Subject: RE: Flagler Beach SR100 Bridge
All of this would be helpful to assist in the review during circulation, but I will get this going on Monday, in the
meantime, with your explanation below. That will be a good start. Send me what you can, and I will attempt to give
everyone a 2‐week deadline for review.
I’m glad to hear your request has been handled appropriately. I appreciate your compliments and look forward to
working with you as well!
Have a great weekend.
Dana English
District Property Management Administrator
Florida Department of TransportaƟon ‐ District 5
719 S. Woodland Blvd. ‐ MS 551
DeLand, FL 32720
Direct (386) 943‐5030
Mobile (386) 279‐9053
Email: Dana.English@dot.state.fl.us
From: Dale Martin <dmartin@cityofflaglerbeach.com>
Sent: Friday, March 1, 2024 1:22 PM
To: English, Dana <Dana.English@dot.state.fl.us>
Subject: RE: Flagler Beach SR100 Bridge
Good afternoon, Ms. English:
Thank you for your prompt response. Please circulate the request in accordance with the appropriate FDOT procedures.
You don't often get email from dana.english@dot.state.fl.us. Learn why this is important
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Section 6, Item b.
3
The fact that something similar may have been coordinated with Port Orange can at least provide me the foundation to
proceed (on a conditional basis) with the application.
In all honesty, the “concept” is really simply to clear the land and perhaps put a picnic table/bench or two on site and
perhaps place pervious paver blocks for two parallel parking spaces along the edge of the existing pavement. The style
of paver block would be identical to the paver blocks used throughout the City to denote public parking. I will at least
see if I can provide to you a survey or similar document to more specifically identify the property and its boundaries.
I may also be able to provide an estimate to have the invasive species removed by a professional landscape contractor
(which I would need to include with my FIND grant application).
Again, thank you. I have been very impressed by the responsiveness and professionalism of FDOT District 5 officials and
look forward to building the relationship between Flagler Beach and FDOT.
Mr. Dale L. Martin
City Manager
City of Flagler Beach
PO Box 70
Flagler Beach, FL 32136
(386) 517‐2000 ext. 222
dmartin@cityofflaglerbeach.com
Florida has a very broad Public Records Law. Virtually all written communications to or from State and Local Officials and employees are public records available to the public
and media upon request. The City of Flagler Beach’s policy does not differentiate between personal and business emails. This means email messages, including your e-mail address and any attachments and information we receive online might be disclosed to any person or media making a public records request. E-mail sent on the City system will be considered public and will only be withheld from disclosure if deemed confidential or exempt pursuant to State Law. If you are an individual whose identifying information is exempt under 119.071, Florida Statutes, please so indicate in your email or other communication. If you have any questions about the Florida public records law refer to Chapter 119 Florida Statutes.
Website: [www.cityofflaglerbeach.com]www.cityofflaglerbeach.com
From: English, Dana <Dana.English@dot.state.fl.us>
Sent: Friday, March 1, 2024 11:18 AM
To: Dale Martin <dmartin@cityofflaglerbeach.com>
Subject: FW: Flagler Beach SR100 Bridge
Good morning, Mr. Martin:
I have received the below inquiry for handling. This request sounds similar to an area under the Port Orange Dunlawton
bridge that we have a public purpose lease agreement in place with the City of Port Orange for. I would need to circulate
this request to the multiple disciplines within FDOT to be able to provide you with preliminary consent. This process
takes 2‐3 weeks to complete. I know that does not offer you a lot of time between completing our circulation and your
March 28 meeting, but I will do my best to expedite the review process.
Do you have any concept plans on paper yet that you may be able to share, subject to change, of course?
Dana English
You don't often get email from dana.english@dot.state.fl.us. Learn why this is important
25
Section 6, Item b.
4
District Property Management Administrator
Florida Department of TransportaƟon ‐ District 5
719 S. Woodland Blvd. ‐ MS 551
DeLand, FL 32720
Direct (386) 943‐5030
Mobile (386) 279‐9053
Email: Dana.English@dot.state.fl.us
From: Dale Martin < >
Sent: Thursday, February 29, 2024 3:07 PM
To: Clifton, Lauren <Lauren.Clifton@dot.state.fl.us>
Cc: Kirts, Scott <Scott.Kirts@dot.state.fl.us>; Randy Stapleford <rstapleford@aicw.org>
Subject: Flagler Beach SR100 Bridge
EXTERNAL SENDER: Use caution with links and attachments.
Good afternoon, Ms. Clifton:
During a meeting today with FDOT District 5 staff, I was directed to reach out to you with a right‐of‐way issue. To
facilitate this discussion, please refer to the attached photograph.
It appears that under the SR 100/Atlantic Intracoastal Waterway (AICW) bridge that the right‐of‐way for the bridge
includes the property beneath the bridge. I am specifically interested in the area highlighted in the photograph. Unlike
the parcel on the opposite (eastern) side of the AICW, the highlighted area is significantly overgrown with vegetation,
mainly several invasive Brazilian peppertrees. The City seeks FDOT permission to clear that site and “develop” the
property as a passive access to the AICW: use for shore fishing, observation, relaxation, all of which are less available for
use on the western shore of the AICW (no permanent structures are proposed for this area, although if determined to
be popular, a future request may be to request consideration for structures such as a small fishing dock).
With FDOT consent, I would submit an application to the Florida Inland Navigation District (FIND) for a matching grant to
undertake the proposed project. I expect the cost of said project would be relatively minimal ($10,000) and, following
the implementation, the City would assume maintenance responsibilities for the area. If you (or the appropriate official)
can offer preliminary consent, I will prepare a conceptual plan to present to you for formal consideration. The grant
application is due to FIND staff no later than April 1. My intention is to present the project to the Flagler Beach City
Commission for formal consideration at its Regular Meeting on March 28.
I have also attached two photos to illustrate the perspective of the site from the eastern shore for additional familiarity.
The final aerial view illustrates the more extensive availability of waterfront access on the eastern shore (which is owned
and managed, in part, by Flagler County).
Thank you for your consideration. I look forward to hearing from you.
Mr. Dale L. Martin
City Manager
26
Section 6, Item b.
5
City of Flagler Beach
PO Box 70
Flagler Beach, FL 32136
(386) 517‐2000 ext. 222
dmartin@cityofflaglerbeach.com
Florida has a very broad Public Records Law. Virtually all written communications to or from State and Local Officials and employees are public records available to the public and media upon request. The City of Flagler Beach’s policy does not differentiate between personal and business emails. This means email messages, including your e-mail address and any attachments and information we receive online might be disclosed to any person or media making a public records request. E-mail sent on the City system will be considered public and will only be withheld from disclosure if deemed confidential or exempt pursuant to State Law. If you are an individual whose identifying information is exempt under 119.071, Florida Statutes, please so indicate in your email or other communication. If you have any questions about the Florida public records law
refer to Chapter 119 Florida Statutes.
Website: [www.cityofflaglerbeach.com]www.cityofflaglerbeach.com
27
Section 6, Item b.
1
Dale Martin
From:English, Dana <Dana.English@dot.state.fl.us>
Sent:Friday, March 15, 2024 11:28 AM
To:Dale Martin
Cc:Randy Stapleford
Subject:RE: Flagler Beach SR100 Bridge
Attachments:7302-201(PROJ 1178).pdf; 73020-2513.pdf
Good morning, Mr. Martin:
We have run into a hiccup on the lease request for the underneath area of the SR100 bridge. We have found that FDOT
owns a portion of the area under the bridge, but that TIIFT also owns some of the area and we only have an easement
over their portion. We wouldn’t be able to lease TIIFT’s ownership area, but we can’t determine where that property
line is without survey work, but it is believed that the TIIFT property does overlap the area you are asking to lease.
Let me know if you would like to move forward with some survey work to determine exactly where the FDOT property
ends and TIIFT property begins. I have attached the maps, but I can also send you the deeds with legal descriptions that I
have if you’d like.
Dana English
District Property Management Administrator
Florida Department of TransportaƟon ‐ District 5
719 S. Woodland Blvd. ‐ MS 551
DeLand, FL 32720
Direct (386) 943‐5030
Mobile (386) 279‐9053
Email: Dana.English@dot.state.fl.us
From: Dale Martin <dmartin@cityofflaglerbeach.com>
Sent: Monday, March 4, 2024 3:32 PM
To: English, Dana <Dana.English@dot.state.fl.us>
Cc: Randy Stapleford <rstapleford@aicw.org>
Subject: RE: Flagler Beach SR100 Bridge
Good afternoon, Ms. English:
Please find attached a series of documents to provide an overview of the City’s desired beautification/recreation effort
as discussed previously.
The attachments are labelled in the upper righthand corner for reference.
A‐ A plat of the area, including what is labelled as the right‐of‐way for “SRD Route #11” (what is now SR100). The
highlighted portion illustrates the under‐bridge parcel abutting the Atlantic Intracoastal Waterway (AICW).
B‐ The site as viewed when approached from the west along Palm Drive (the only access to this site).
28
Section 6, Item b.
2
C‐ The parcel (on the right) as seen looking north on Lambert Avenue from Palm Drive.
D‐ The parcel (on the left) as seen looking south on Lambert Avenue.
E‐ The parcel’s south boundary viewed from the west.
F‐ An “internal” photo of the site.
G‐ The parcel’s north boundary viewed from the west.
H‐ An internal view of the parcel looking north along the AICW.
I‐ An internal view of the parcel looking south along the AICW.
J‐ An eastward view from the parcel directly across the AICW.
K‐ A westward view of the parcel from directly across the AICW.
L‐ An example of the facilities desired to be placed on the subject parcel (these facilities are located on the eastern
side of the AICW directly across from the subject parcel).
Not illustrated but desired is the placement of “paver blocks” at the edge of the road to support two or three parallel
parking spaces for the site. These paver blocks would protect the edge of pavement from deterioration due to vehicle
traffic parking on‐site.
As previously indicated, I am currently seeking a proposal from a professional landscaper to clear the parcel if
permission/authority is granted. It is the intent of the City to financially support this project with not only assistance
from the Florida Inland Navigation District, but with additional funding support from a private entity desiring to support
City beautification efforts.
I hope that this information offers sufficient conceptual support for FDOT consideration. If you desire additional
information, please contact me.
Mr. Dale L. Martin
City Manager
City of Flagler Beach
PO Box 70
Flagler Beach, FL 32136
(386) 517‐2000 ext. 222
dmartin@cityofflaglerbeach.com
Florida has a very broad Public Records Law. Virtually all written communications to or from State and Local Officials and employees are public records available to the public and media upon request. The City of Flagler Beach’s policy does not differentiate between personal and business emails. This means email messages, including your e-mail
address and any attachments and information we receive online might be disclosed to any person or media making a public records request. E-mail sent on the City system
will be considered public and will only be withheld from disclosure if deemed confidential or exempt pursuant to State Law. If you are an individual whose identifying
information is exempt under 119.071, Florida Statutes, please so indicate in your email or other communication. If you have any questions about the Florida public records law
refer to Chapter 119 Florida Statutes.
Website: [www.cityofflaglerbeach.com]www.cityofflaglerbeach.com
From: English, Dana <Dana.English@dot.state.fl.us>
Sent: Friday, March 1, 2024 3:32 PM
To: Dale Martin <dmartin@cityofflaglerbeach.com>
Subject: RE: Flagler Beach SR100 Bridge
You don't often get email from dana.english@dot.state.fl.us. Learn why this is important
29
Section 6, Item b.
3
All of this would be helpful to assist in the review during circulation, but I will get this going on Monday, in the
meantime, with your explanation below. That will be a good start. Send me what you can, and I will attempt to give
everyone a 2‐week deadline for review.
I’m glad to hear your request has been handled appropriately. I appreciate your compliments and look forward to
working with you as well!
Have a great weekend.
Dana English
District Property Management Administrator
Florida Department of TransportaƟon ‐ District 5
719 S. Woodland Blvd. ‐ MS 551
DeLand, FL 32720
Direct (386) 943‐5030
Mobile (386) 279‐9053
Email: Dana.English@dot.state.fl.us
From: Dale Martin <dmartin@cityofflaglerbeach.com>
Sent: Friday, March 1, 2024 1:22 PM
To: English, Dana <Dana.English@dot.state.fl.us>
Subject: RE: Flagler Beach SR100 Bridge
Good afternoon, Ms. English:
Thank you for your prompt response. Please circulate the request in accordance with the appropriate FDOT procedures.
The fact that something similar may have been coordinated with Port Orange can at least provide me the foundation to
proceed (on a conditional basis) with the application.
In all honesty, the “concept” is really simply to clear the land and perhaps put a picnic table/bench or two on site and
perhaps place pervious paver blocks for two parallel parking spaces along the edge of the existing pavement. The style
of paver block would be identical to the paver blocks used throughout the City to denote public parking. I will at least
see if I can provide to you a survey or similar document to more specifically identify the property and its boundaries.
I may also be able to provide an estimate to have the invasive species removed by a professional landscape contractor
(which I would need to include with my FIND grant application).
Again, thank you. I have been very impressed by the responsiveness and professionalism of FDOT District 5 officials and
look forward to building the relationship between Flagler Beach and FDOT.
Mr. Dale L. Martin
City Manager
City of Flagler Beach
PO Box 70
Flagler Beach, FL 32136
(386) 517‐2000 ext. 222
30
Section 6, Item b.
4
dmartin@cityofflaglerbeach.com
Florida has a very broad Public Records Law. Virtually all written communications to or from State and Local Officials and employees are public records available to the public
and media upon request. The City of Flagler Beach’s policy does not differentiate between personal and business emails. This means email messages, including your e-mail
address and any attachments and information we receive online might be disclosed to any person or media making a public records request. E-mail sent on the City system
will be considered public and will only be withheld from disclosure if deemed confidential or exempt pursuant to State Law. If you are an individual whose identifying
information is exempt under 119.071, Florida Statutes, please so indicate in your email or other communication. If you have any questions about the Florida public records law
refer to Chapter 119 Florida Statutes.
Website: [www.cityofflaglerbeach.com]www.cityofflaglerbeach.com
From: English, Dana <Dana.English@dot.state.fl.us>
Sent: Friday, March 1, 2024 11:18 AM
To: Dale Martin <dmartin@cityofflaglerbeach.com>
Subject: FW: Flagler Beach SR100 Bridge
Good morning, Mr. Martin:
I have received the below inquiry for handling. This request sounds similar to an area under the Port Orange Dunlawton
bridge that we have a public purpose lease agreement in place with the City of Port Orange for. I would need to circulate
this request to the multiple disciplines within FDOT to be able to provide you with preliminary consent. This process
takes 2‐3 weeks to complete. I know that does not offer you a lot of time between completing our circulation and your
March 28 meeting, but I will do my best to expedite the review process.
Do you have any concept plans on paper yet that you may be able to share, subject to change, of course?
Dana English
District Property Management Administrator
Florida Department of TransportaƟon ‐ District 5
719 S. Woodland Blvd. ‐ MS 551
DeLand, FL 32720
Direct (386) 943‐5030
Mobile (386) 279‐9053
Email: Dana.English@dot.state.fl.us
From: Dale Martin < >
Sent: Thursday, February 29, 2024 3:07 PM
To: Clifton, Lauren <Lauren.Clifton@dot.state.fl.us>
Cc: Kirts, Scott <Scott.Kirts@dot.state.fl.us>; Randy Stapleford <rstapleford@aicw.org>
Subject: Flagler Beach SR100 Bridge
You don't often get email from dana.english@dot.state.fl.us. Learn why this is important
31
Section 6, Item b.
5
EXTERNAL SENDER: Use caution with links and attachments.
Good afternoon, Ms. Clifton:
During a meeting today with FDOT District 5 staff, I was directed to reach out to you with a right‐of‐way issue. To
facilitate this discussion, please refer to the attached photograph.
It appears that under the SR 100/Atlantic Intracoastal Waterway (AICW) bridge that the right‐of‐way for the bridge
includes the property beneath the bridge. I am specifically interested in the area highlighted in the photograph. Unlike
the parcel on the opposite (eastern) side of the AICW, the highlighted area is significantly overgrown with vegetation,
mainly several invasive Brazilian peppertrees. The City seeks FDOT permission to clear that site and “develop” the
property as a passive access to the AICW: use for shore fishing, observation, relaxation, all of which are less available for
use on the western shore of the AICW (no permanent structures are proposed for this area, although if determined to
be popular, a future request may be to request consideration for structures such as a small fishing dock).
With FDOT consent, I would submit an application to the Florida Inland Navigation District (FIND) for a matching grant to
undertake the proposed project. I expect the cost of said project would be relatively minimal ($10,000) and, following
the implementation, the City would assume maintenance responsibilities for the area. If you (or the appropriate official)
can offer preliminary consent, I will prepare a conceptual plan to present to you for formal consideration. The grant
application is due to FIND staff no later than April 1. My intention is to present the project to the Flagler Beach City
Commission for formal consideration at its Regular Meeting on March 28.
I have also attached two photos to illustrate the perspective of the site from the eastern shore for additional familiarity.
The final aerial view illustrates the more extensive availability of waterfront access on the eastern shore (which is owned
and managed, in part, by Flagler County).
Thank you for your consideration. I look forward to hearing from you.
Mr. Dale L. Martin
City Manager
City of Flagler Beach
PO Box 70
Flagler Beach, FL 32136
(386) 517‐2000 ext. 222
dmartin@cityofflaglerbeach.com
Florida has a very broad Public Records Law. Virtually all written communications to or from State and Local Officials and employees are public records available to the public and media upon request. The City of Flagler Beach’s policy does not differentiate between personal and business emails. This means email messages, including your e-mail address and any attachments and information we receive online might be disclosed to any person or media making a public records request. E-mail sent on the City system will be considered public and will only be withheld from disclosure if deemed confidential or exempt pursuant to State Law. If you are an individual whose identifying information is exempt under 119.071, Florida Statutes, please so indicate in your email or other communication. If you have any questions about the Florida public records law refer to Chapter 119 Florida Statutes.
Website: [www.cityofflaglerbeach.com]www.cityofflaglerbeach.com
32
Section 6, Item b.
A
33
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B
34
Section 6, Item b.
C
35
Section 6, Item b.
D
36
Section 6, Item b.
E
37
Section 6, Item b.
F
38
Section 6, Item b.
G
39
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H
40
Section 6, Item b.
I
41
Section 6, Item b.
J
42
Section 6, Item b.
K
43
Section 6, Item b.
L44Section 6, Item b.
RESOLUTION 2024-20
A RESOLUTION BY THE CITY OF FLAGLER BEACH, FLORIDA
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO
THE FLORIDA INLAND NAVIGATION DISTRICT FOR FUNDING THROUGH
THE 2024 WATERWAYS ASSISTANCE PROGRAM, PROVIDING FOR
CONFLICT AND EFFECTIVE DATE.
WHEREAS, the Florida Inland Navigation District (FIND) offers competitive funding through its
2024 Waterways Assistance Program; and
WHEREAS, the City wishes to enhance the visibility and accessibility of the Atlantic Intracoastal
Waterway to benefit the residents of and visitors to Flagler Beach; and
WHEREAS, the proposed project has been endorsed by the City’s Ad Hoc Parks Committee and,
as required, Flagler County FIND Commissioner Randy Stapleford; and
WHEREAS, the City will work with State agencies to clarify the disposition of the proposed
project site prior to commencing the project;
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FLAGLER BEACH:
SECTION 1. The City Commission authorizes the City Manager to submit an application for the
Flagler Beach Intracoastal Access/Overwatch to the 2024 Florida Inland Navigation District
Waterways Assistance Program.
SECTION 2. All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
SECTION 3. This Resolution shall become effective immediately as provided by law.
PASSED AND ADOPTED THIS ________ DAY OF MARCH, 2024.
CITY OF FLAGLER BEACH, FLORIDA
CITY COMMISSION
ATTEST:
______________________________
Patti King, Mayor
_______________________________
Penny Overstreet, City Clerk
45
Section 6, Item b.
STAFF REPORT
Regular City Commission Meeting
March 28, 2024
To: Elected Officials
From: Dale L. Martin, City Manager
Date: March 28, 2024
Item Name: Resolution 2024-21 a resolution by the City of Flagler Beach, Florida, approving a
proposal from McKim & Creed, Inc. for Engineering & Field Assessment Services,
Wastewater Collection System Investigation related to Consent Order 23-0409 "In-
kind" Project in an amount not to exceed $50,000, providing for conflict and effective
date.
Background: The City of Flagler Beach, to resolve Case Number 23-0409 (Department of Environmental Protection
v City of Flagler Beach), agreed to a Consent Order, effective December 22, 2023. Under the provisions of Section
14 of said Consent Order, the City submitted its intent to submit an “In-Kind Penalty Project” (minimum cost:
$25,125) in a timely manner to the Department of Environmental Protection (DEP). DEP staff accepted the City’s
request to submit such a project, and a proposed project was submitted to DEP staff on February 20, 2024.
The proposed project seeks to validate the City’s previous efforts to reduce inflow and infiltration into the City’s
sanitary sewer system. Inflow and infiltration (commonly referred to as “I & I”) is surface and ground water that
enters the otherwise “closed” wastewater system. This water is mostly clean and does not require treatment, but
because it enters the system, it nonetheless goes through the treatment process, significantly increasing the cost
of treating wastewater. The amounts of I & I in the City’s system is what, in part, contributed to the issues that
resulted in the Consent Order.
The City has completed three phases of “slip lining:” a technique of re-lining the inside of existing pipes. If
successfully implemented, the I & I flows should be reduced. If that can be validated, slip lining additional sections
of City infrastructure can be planned; if not validated, other options to reduce I & I must be considered. The
penalty project proposes to use flow testing to measure the water flows in areas that have been slip lined and
compare that flow data to pre-slip lining data.
McKim & Creed staff have prepared the attached proposal for the penalty project. Upon review, DEP staff has
accepted the project as an appropriate “In-Kind Penalty Project.”
Fiscal Impact: The cost of the penalty project is $50,000 and will be funded through the Utility Fund, Sewer
Collection Department, Line 401.5352.909306 (Reserve for Sewer Infrastructure).
Staff Recommendation: Staff recommends approval of proposed Resolution 2024-21
Attachments: Consent Order 23-0409 (portion)
Correspondence, D. Martin to A. Maturi (January 3, 2024)
Correspondence, D. Martin to A. Maturi (February 19, 2024)
Proposed Resolution 2024-21
46
Section 6, Item c.
47Section 6, Item c.
48Section 6, Item c.
49Section 6, Item c.
50Section 6, Item c.
51Section 6, Item c.
FLORIDA DEPARTMENT OF
Environmental Protection
Northeast District
8800 Baymeadows Way West, Suite 100
Jacksonville, Florida 32256
Ron DeSantis Governor
Jeanette Nuñez
Lt. Governor
Shawn Hamilton
Secretary
December 22, 2023
Sent electronically to: dmartin@cityofflaglerbeach.com
Mr. Dale Martin, City Manager
City of Flagler Beach
105 Second Street
Flagler Beach, FL 32136
SUBJECT: Department of Environmental Protection v. City of Flagler Beach
OGC File No. 23-0409
Facility ID No. FL0026611
Flagler County
Dear Mr. Martin:
Enclosed is a copy of the executed Consent Order to resolve Case Number 23-0409. The
effective date of this Order is December 22, 2023, and all timeframes will be referenced from
this date.
As a reminder, a Consent Order is a binding legal document and was voluntarily entered into by
both parties.
Should you have any questions concerning the Consent Order, please contact Tom Kallemeyn, at
(904) 256-1606, or via email at Thomas.Kallemeyn@floridadep.gov. Your continued
cooperation in the matter is appreciated.
Sincerely,
Thomas G. Kallemeyn
Assistant Director
Enclosure: Executed Consent Order #23-0409
ec: Johnny Lynn: jlynn@cityofflaglerbeach.com
FDEP-OGC: Lea Crandall
FDEP-NED: Joni Petry, Herndon Sims, Thomas Kallemeyn, Shannon Taylor, Dung Vo,
DEP_NED
52
Section 6, Item c.
FDEP vs. City of Flagler Beach Consent Order, OGC File No. 23-0409 Page9 Order. The civil penalty in this case includes two violations that each warrant a penalty of $2,000.00 or more. 13.Respondent agrees to pay the Department stipulated penalties in the amount of$100.00 per day for each and every day Respondent fails to timely comply with any of the requirements of paragraphs 5 through 11 of this Order. The Department may demand stipulated penalties at any time after violations occur. Respondent shall pay stipulated penalties owed within 30 days of the Department's issuance of written demand for payment, and shall do so as further described in paragraph 16 below. Nothing in this Paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Order. Any stipulated penalties assessed under this paragraph shall be in addition to the civil penalties agreed to in paragraph 11 of this Order. 14.In lieu of making payment of $16,750 in civil penalties as set forth in paragraph 12above, Respondent may elect to off-set this amount by implementing an in-kind penalty project, which must be approved by the Department. An in-kind project must be either an environmental enhancement, environmental restoration, or a capital/ facility improvement project and may not be a corrective action requirement of the Order or otherwise be required by law. The Department may also consider the donation of environmentally sensitive land as an in-kind project. The value of the in-kind project shall be one and a half times the civil penalty off-set amount, which in this case is the equivalent of at least $25,125.00. If the Respondent chooses to implement an in-kind project, Respondent shall notify the Department of its election by certified mail within 15 days of the effective date of this Consent Order. Notwithstanding the election to implement an in-kind project, payment of the remaining $1,000 in Department costs must be paid within 30 days of the effective date of the Consent Order. 15.In the event that Respondent elects to off-set civil penalties by implementing anin-kind penalty project which is approved by the Department, during the period that this Order remains in effect or during the effective date of any Department issued Permit to Respondent whichever is longer (Prohibited Transfer Duration), Respondent shall not transfer or use funds obtained by the Respondent from the collection of sewer rates for any purpose not related to the 53
Section 6, Item c.
FDEP vs. City of Flagler Beach Consent Order, OGC File No. 23-0409
Page 10 management, operation, or maintenance of the Sewer System or to any capital improvement needs of the Sewer System (hereinafter, Prohibited Transfer). Respondent shall annually certify to the Department using the Annual Certification Form located on Exhibit A to this Order that no Prohibited Transfer has occurred. In the event of any Prohibited Transfer, the In-Kind project option shall be forfeited, and entire civil penalty shall immediately become due and owing to the Department irrespective of any expenditures by the Respondent in furtherance of the InKind project. 16.If Respondent elects to implement an in-kind project as provided in paragraph 13,the respondent shall comply with all the requirements and time frames in Exhibit A entitled InKind Projects. 17.Respondent shall make all payments required by this Order by cashier1s check,money order or on-line payment. Cashier's check or money order shall be made payable to the "Department of Environmental Protection" and shall include both the OGC number assigned to this Order and the notation "Water Quality Assurance Trust Fund." Online payments by e-check can be made by going to the DEP Business Portal at: http://www.fldepportal.com/go/pay/. It will take a number of days after this order is final, effective and filed with the Clerk of the Department before ability to make online payment is available. 18.Except as otherwise provided, all submittals and payments required by this Ordershall be sent to Abhi Maturi, Department of Environmental Protection, Northeast District Office. Online payments may be made at the FDEP Business Portal; https: / / www .fldepportal.com/ DepPortal/ go/ home 18. Respondent shall allow all authorized representatives of the Department access to the Facility and the Property at reasonable times for the purpose of determining compliance with the terms of this Order and the rules and statutes administered by the Department. 19.In the event of a sale or conveyance of the Facility or of the Property upon whichthe Facility is located, if all of the requirements of this Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the Facility or Property, 54
Section 6, Item c.
Mr. Dale L. Martin, City Manager; dmartin@cityofflaglerbeach; mobile (904) 557-5047
City of Flagler Beach
P.O. Box 70 ● 105 South Second Street
Flagler Beach, Florida 32136
Phone (386) 517-2000
January 3, 2024
Mr. Abhi Maturi
Department of Environmental Protection
Northeast District Office
8800 Baymeadows Way West, Suite 100
Jacksonville FL 32256
Dear Mr. Maturi:
The City of Flagler Beach (“City”) and the Florida Department of Environmental
Protection (“Department”) entered into a Consent Order (“Order”) to resolve Case
Number 23-0409. The effective date of said Order is December 22, 2023.
In accordance with Paragraph 14, the City hereby notifies the Department of its election
to implement an in-kind project. The value of the in-kind project will exceed the cost of
one-and-a-half times the civil penalty ($25,125).
As further described in Exhibit A to the Order, upon notification from the Department
that applying the stipulated penalties to an in-kind project is acceptable, the City will
submit to the Department, within sixty days, a detailed in-kind project proposal for
evaluation.
City officials and staff look forward to working with State officials and staff throughout
(and beyond) 2024.
If you have any questions, please contact me.
Sincerely,
Dale L. Martin
City Manager
Cc: D. Andrew Smith (City Attorney)
55
Section 6, Item c.
Mr. Dale L. Martin, City Manager; dmartin@cityofflaglerbeach; mobile (904) 557-5047
City of Flagler Beach
P.O. Box 70 ● 105 South Second Street
Flagler Beach, Florida 32136
Phone (386) 517-2000
February 19, 2024
Mr. Abhi Maturi
Department of Environmental Protection
Northeast District Office
8800 Baymeadows Way West, Suite 100
Jacksonville, FL 32256
Dear Mr. Maturi:
Under the conditions of the current Consent Order (“Order”; Case Number 23-0409)
between the Department of Environmental Protection (“Department”) and the City of
Flagler Beach (“City”), and based upon acceptance by the Department for the City to
pursue an “in-kind” project in lieu of a civil penalty (correspondence, J. Petry to D.
Martin, Jan 23, 2024; attached), please find attached the City’s proposal for an in-kind
project to further address specific challenges cited in the Order.
The Order (Section 4 d V) indicates that a significant overflow (described as 1.5 million
gallons of partially treated wastewater) was due to inflow and infiltration. The impact of
inflow and infiltration has significant design and cost implications as the City works to
improve its wastewater collection and treatment system. To mitigate the effects of inflow
and infiltration, the City has embarked upon an effort to re-line wastewater collection mains as well as the wastewater connections to individual properties (commonly referred
to as “lateral” connections). The budget for the re-lining project is approximately
$750,000, of which approximately $500,000 has been expended (the project is funded,
in part, with a grant from the St. Johns River Water Management District).
It is imperative, however, that before significant additional expenditures and efforts are
initiated for re-lining, the initial efforts should be validated: have the areas of the City
that have been re-lined demonstrating lower levels of inflow and infiltration? If the data
proposed to be collected as part of this in-kind project illustrate that the re-lining is
reducing inflow and infiltration, the City can confidently (and enthusiastically) continue
the re-lining program. On the other hand, if the data indicates minimal effect from the
re-lining, it will be critical for the City to re-evaluate mitigation efforts, especially with the current design effort to appropriately scale the City’s proposed new wastewater
treatment facility.
56
Section 6, Item c.
Mr. Dale L. Martin, City Manager; dmartin@cityofflaglerbeach; mobile (904) 557-5047
The City has established a new relationship with McKim & Creed, a qualified consulting
engineering firm. In addition to the proposed in-kind project, McKim & Creed has been
charged with developing a comprehensive review of the City’s stormwater challenges
(tidal flood, weather events, sea level rise, and development) which will unquestionably
aid the City’s wastewater mitigation and improvement efforts.
I look forward to your review and support for the proposed in-kind project as part of the
Order. As mentioned previously, City officials and staff look forward to working with
State officials and staff to address the challenges noted in the Order.
If you have any questions, please contact me.
Sincerely,
Dale L. Martin
City Manager
Attachments:
Correspondence, J. Petry to D. Martin (January 23, 2024)
Proposal Certification Form (February 19, 2024)
Proposed In-Kind Project, McKim & Creed (February 16, 2024)
Cc:
City Commission, Flagler Beach
D.Andrew Smith (City Attorney)
E. Fernandez, Attorney
C.Hill, McKim & Creed
57
Section 6, Item c.
1
Dale Martin
From:Petry, Joni <Joni.Petry@FloridaDEP.gov>
Sent:Tuesday, January 23, 2024 2:18 PM
To:Dale Martin
Cc:Kallemeyn, Thomas; Maturi, Abhi; Sims, Herndon; dsmith@shepardfirm.com;
edgar@anfieldflorida.com
Subject:RE: Flagler Beach
Mr. Martin,
The Department is agreeable to Flagler Beach pursuing an in‐kind project in lieu of the payment of civil penalties in the
Consent Order. In Exhibit A, the language “of the Department’s notification that applying stipulated penalties to an in‐
kind project is acceptable” is specific to stipulated penalties. An in‐kind project proposal should be submitted by
February 20, 2024 for Departments review and consideration. The project must be approved by the Department.
If you have any questions regarding the documentation needed for the in‐kind project, please feel free to reach out to
myself and Abhi Maturi.
Joni Petry
Environmental Administrator
Florida Department of Environmental Protection
Northeast District – Compliance Assurance
Joni.Petry@FloridaDEP.gov
Office: 904-256-1606
From: Dale Martin <dmartin@cityofflaglerbeach.com>
Sent: Monday, January 22, 2024 3:16 PM
To: Kallemeyn, Thomas <Thomas.Kallemeyn@FloridaDEP.gov>
Cc: Drew Smith <dsmith@shepardfirm.com>; Edgar G. Fernandez <edgar@anfieldflorida.com>
Subject: Flagler Beach
EXTERNAL MESSAGE
This email originated outside of DEP. Please use caution when opening attachments, clicking links, or
responding to this email.
Good afternoon, Mr. Kallemeyn:
The City of Flagler Beach remains committed to working with the Florida Department of Environmental Protection
(FDEP) to address the issues presented in the Dec 22, 2023 Consent Order.
Under the provisions of Sec. 14, the City notified FDEP of the City’s intent to offset the civil penalties by implementing an
in‐kind penalty project which must be approved by the Department (of Environmental Protection). The City made
notification to the DEP under the provisions of Sec. 14.
You don't often get email from joni.petry@floridadep.gov. Learn why this is important
58
Section 6, Item c.
2
Exhibit A to the Consent Order (In‐Kind Projects) indicates that “within 60 days of the effective date of this Consent
Order, or, of the Department’s notification that applying stipulated penalties to an in‐kind project is acceptable,
Respondent shall submit, by certified mail, a detailed in‐kind proposal to the Department for evaluation.”
Will the Department be responding to the City’s notification of implementing an in‐kind project that such effort is
acceptable?
Mr. Dale L. Martin
City Manager
City of Flagler Beach
PO Box 70
Flagler Beach, FL 32136
(386)517‐2000 ext. 222
dmartin@cityofflaglerbeach.com
Florida has a very broad Public Records Law. Virtually all written communications to or from State and Local Officials and employees are public records available to the public
and media upon request. The City of Flagler Beach’s policy does not differentiate between personal and business emails. This means email messages, including your e-mail
address and any attachments and information we receive online might be disclosed to any person or media making a public records request. E-mail sent on the City system
will be considered public and will only be withheld from disclosure if deemed confidential or exempt pursuant to State Law. If you are an individual whose identifying
information is exempt under 119.071, Florida Statutes, please so indicate in your email or other communication. If you have any questions about the Florida public records law
refer to Chapter 119 Florida Statutes.
Website: [www.cityofflaglerbeach.com]www.cityofflaglerbeach.com
To help protect yMicrosoft Office pautomatic downlopicture from the Dep Customer Su
59
Section 6, Item c.
60Section 6, Item c.
STAFF REPORT
Regular City Commission Meeting
March 28, 2024
To: Elected Officials
From: Dale L. Martin City Manager
Date: March 28, 2024
Item Name: Resolution 2024-22 a resolution by the City of Flagler Beach, Florida approving a
Master Service Agreement and Statement of Work for Forerunner Software in an
amount not to exceed $20,500, providing for conflict and effective date.
Background: The Forerunner software package is a tool to assist the City in its efforts to improve its Community
Rating Score (CRS) and comply with Municipal Separate Storm Sewer System (MS4) regulations. The CRS, when
improved, provide discounts for flood insurance policies.
The Forerunner software is included as a specific appropriation in the FY 2023/2024 budget.
Fiscal Impact: The funding for the Forerunner software ($20,500) is allocated in the Stormwater Fund, Line
405.5391.305200 (Operating Supplies).
Staff Recommendation: Staff recommends approval of proposed Resolution 2024-22
Attachments: Invoice, Forerunner software
Proposed Resolution 2024-22
61
Section 6, Item d.
RESOLUTION 2024-22
A RESOLUTION BY THE CITY OF FLAGLER BEACH, FLORIDA, APPROVING A
MASTER SERVICE AGREEMENT AND STATEMENT OF WORK FOR FORERUNNER
SOFTWARE IN AN AMOUNT NOT TO EXCEED $20,500, PROVIDING FOR
CONFLICT AND EFFECTIVE DATE.
WHEREAS, The City Commission at their Fiscal Year 2023/2024 Budget Workshop reached a
consensus to approve the Decision Module for the ForeRunner software; and
WHEREAS, The ForeRunner Software will assist staff with the National Flood Insurance Program
(NFIP) requirements as well as provide our residents with access to documents and information;
and
WHEREAS, the City’s Flood Plain Administrator is actively working to increase City’s Community
Rating System (CRS) to a Class 5 which would earn our residents a 25% discount of their flood
insurance rates.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FLAGLER BEACH:
SECTION 1. The Master Service Agreement & Statement of Work are attached to this resolution
as Exhibit A.
SECTION 2. All resolutions or parts of resolutions in conflict herewith be and the same are hereby
repealed.
SECTION 3. This Resolution shall become effective immediately as provided by law.
PASSED AND ADOPTED THIS ________ DAY OF MARCH, 2024.
CITY OF FLAGLER BEACH, FLORIDA
CITY COMMISSION
ATTEST:
______________________________
Suzie Johnston, Mayor
_______________________________
Penny Overstreet, City Clerk
62
Section 6, Item d.
FORERUNNER
Master Services Agreement & Statement of Work
City of Flagler Beach, FL
Exhibit "A" Resolution 2024-22
63
Section 6, Item d.
Table of Contents
Master Services Agreement
1. Definitions.
2. Forerunner Software Services.
3. Customer Responsibilities; Restrictions; and Suspension.4. Fees; Payment Terms; Taxes; Customer Acknowledgement.5. Term; Termination.6. Intellectual Property and Ownership7. Publicity and Marketing.8. Confidential Information.9. Representations and Warranties.10. Disclaimer of Warranties.11. Indemnification.12. Limitation of Liability.13. Dispute Resolution.14. Notices.
15. Miscellaneous.
Statement of Work
1. Services.2. Customization.3. Support.4. Onboarding.5. Software.
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Section 6, Item d.
Master Services Agreement
This Master Services Agreement ("Agreement"), effective as of 3/1 /24 ("MSA Effective Date"), is entered into between Forerunner Industries, Inc., a Delaware corporation ("Forerunner"), and the City of Flagler Beach, a State of Florida Municipality{"Customer'').
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Definitions. Defined terms have the meanings set forth in this Paragraph 1. Definitions and elsewhere in thisAgreement and any Statement of Work attached to this Agreement and incorporated herein when capitalized.These terms may be read in singular, plural, or an alternative tense as the context requires.
a. Affiliate means, with respect to any entity, any other entity who, directly or indirectly, through one ormore intermediaries, controls, is controlled by, or is under common control with, such entity. The term"control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract orotherwise.
b. Applicable Law means, with respect to any party, any federal, state or local statute, law, ordinance, rule,
administrative interpretation, regulation, order, writ, injunction, directive, judgment, decree or otherrequirement of any international, federal, state or local court, administrative agency or commission orother governmental or regulatory authority or instrumentality, domestic or foreign, applicable to such partyor any of its properties, assets or business operations.
c. Authorized User means an Affiliate, employee or independent contractor of Customer (solely to the
extent such contractor is providing services to Customer), who has been authorized by Customer to use the Services.
d. Confidential Data Sets means any sets of data or content originally created or developed by Forerunneror the Software, which may include, but is not limited to, sets of data in which Extracted Data is an input, combined or aggregated with, or augmented by other data or content that is not Extracted Data.
e. Confidential Information means, without limitation, business, technical, and/or financial informationrelating to the Disclosing Party, regardless of the form and whether or not marked or otherwise identified
as "Confidential." With respect to Forerunner, Confidential Information also means the Services,
Confidential Data Sets, and any and all source code relating thereto, as well as documentation and non-public information or material regarding Forerunner's legal or business affairs, financing, customers,properties or data. With respect to the Customer, Confidential Information means any non-publicinformation or material regarding Customer's legal or business affairs, financing, customers, properties ordata. Notwithstanding any of the foregoing, Confidential Information does not include information which:(i) is or becomes public knowledge without any action by, or involvement of, the party to which theConfidential Information is disclosed (the "Receiving Party"); (ii) is documented as being known to theReceiving Party prior to its disclosure by the other party (the 11Disclosing Party"); (iii) is independentlydeveloped by the Receiving Party without reference or access to the Confidential Information of theDisclosing Party and it so documents; or (iv) is obtained by the Receiving Party without restrictions on use or disclosure from a third person who did not receive it, directly or indirectly, from the disclosing party.
f. Customer Data shall mean the Customer Materials and Extracted Data, collectively.
g. Customer Materials means all materials and other content provided by Customer to Forerunner toenable the provision of the Services.
h. Extracted Data means all information, data, and other content that is extracted or collected by Forerunner solely from the Customer Materials or otherwise from the Customer through the Services and is not combined or aggregated with or augmented by data or content that is not Extracted Data.
i. Forerunner Intellectual Property means:
1. The Software used by Forerunner to provide the Services, including all Updates, revisions,derivatives, improvements and modifications thereto.
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Section 6, Item d.
2. The hardware, software, databases, networks, cloud or other hosted solutions, or otherinformation technology infrastructure used by or on behalf of Forerunner in performing theServices {the "Forerunner Information Technology Infrastructure").
3. Any other technology, data {whether encrypted or unencrypted), reports, documents, manuals,instructions or other materials or deliverables that Forerunner creates, derives from, provides oruses in connection with the Services, and, any other information or materials that otherwise
comprise or relate to the Services, including but not limited to any Confidential Data Sets.
4. Any models, analyses, analytics, algorithms, and machine learning applications created ordeveloped by Forerunner that incorporate, in whole or in part, the Confidential Data Sets and/orExtracted Data.
5. Any other technology, data {whether encrypted or unencrypted), reports, documents, manuals,instructions or other materials or deliverables that Forerunner provides in connection with the Services designates as confidential, proprietary or trade secret information and/or as exemptfrom public disclosure.
j. Forerunner Representatives mean Forerunner's employees, officers, directors, agents, independent
contractors, service providers, subcontractors.
k. Integration Agreement means the agreement, if applicable, governing any integrations with Third Party Applications.
I. Intellectual Property Rights means all intellectual and industrial property rights, whether now existing orexisting in the future, including without limitation, {i) all patent rights, including any rights in pending patentapplications and any related rights; (ii) all copyrights and other related rights throughout the world in works of authorship, including all registrations and applications therefor; {iii) all trademarks, service
marks, trade dress or other proprietary trade designations, including all registrations and applications
therefor {iv) all rights throughout the world to proprietary know-how, trade secrets and other confidentialinformation, whether arising by law or pursuant to any contractual obligation of non-disclosure; and (v) all other rights covering industrial or intellectual property recognized in any jurisdiction.
m. Services means the services provided or required to be provided according to this Agreement, as well as any Statements of Work attached to this Agreement and incorporated by reference.
n. Software means Forerunner's computer software and all Updates made available by Forerunner toCustomer under this Agreement, including Confidential Data Sets.
o. Statement of Work (SOW) means a detailed plan of work to be agreed by the Parties in conjunction withthis Agreement.
p. Term means the Initial Term and any Renewal Terms.
q. Third Party Provider means third parties, including other Vendors, state agencies and local agenciesthat control products and/or databases with which Forerunner Services are to be interfaced and whoseengagement has been pre-approved by Forerunner. Before engaging with a Third Party Provider,Customer agrees to obtain prior approval by Forerunner.
r. Updates means any and all new releases, new versions, patches and other updates for the Services thatForerunner makes generally available without additional charge to other customers of its Services.
s. Vendors means third parties with whom Forerunner contracts to provide components of the Services and includes without limitation, Amazon Web Services {for platform hosting) and Google {for Google Maps).
2. Forerunner Software Services.
a. Subject to this Agreement, Forerunner will use commercially reasonable efforts to provide the ForerunnerServices described in the Statement of Work attached to this Agreement and incorporated herein by reference, and in any additional SOWs that may be entered into by the parties from time to time and which incorporate this Agreement by reference (collectively, the "Services").
b. Forerunner may make changes or updates to the Services that it deems necessary or useful to: {a) maintain or enhance the quality, delivery, cost efficiency or performance of the Services; and/or (b) comply with any Applicable Law, statute, regulation or other governmental rule or requirement {"Law").
c. Forerunner may also make other changes and updates as it deems necessary, provided that such changes do not materially derogate the overall quality of the Services. Forerunner does not guarantee
2
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Section 6, Item d.
that the Services are or will remain compatible with any particular third party software or equipment, and may, upon written notice, terminate its support for any software or equipment that Forerunner determines is incompatible with the operation of the Services.
d. Other than with respect to reasonable costs incurred to provide updated versions of Forerunner Services,all Updates or updated versions provided by Forerunner during the Term of this Agreement are deemedpart of the Services and are subject to all applicable terms and conditions in this Agreement. Customeragrees to pay for reasonable costs, if any, incurred to achieve compliance with laws, statutes,
regulations, and/or other governmental rules.
e. The parties acknowledge and agree that Forerunner may engage Vendors to perform Services. Vendorswill be subject to provisions detailed in this Master Services Agreement and any Statement of Workattached and incorporated by reference.
f. Forerunner will promptly notify Customer of any breach of security or unauthorized use affectingCustomer's account.
3. Customer Responsibilities; Restrictions; and Suspension.
a. Responsibilities. Customer will be responsible for and is required to obtain and maintain an informationtechnology infrastructure necessary to connect to, access, or otherwise use the Services, including,without limitation, hardware, software, operating systems, networks, databases, and web servers and/orany other information technology infrastructures necessary to connect to, access, or otherwise use the Services. However, notwithstanding any provision herein, nothing in this Agreement and any Statementof Work attached shall require Customer to fail to comply with all applicable records retentionrequirements and public records laws.
b. In addition, Customer shall:
i. Have sole responsibility for the accuracy; legality; and rights to use, obtain, and share withForerunner all Customer Materials and any data or information contained therein.
ii. Ensure that its Authorized Users shall securely manage their respective password(s) for access to the Service and any user IDs, passwords, and other access credentials for the Services are keptstrictly confidential and not shared with any unauthorized person.
iii. Promptly notify Forerunner of any breach of security or unauthorized use of its account.
iv. Comply with all applicable local, state, federal and foreign laws in using the Services.
c. Restrictions.
i. As a condition to receiving the Services, and in addition to any other obligations set forth in a properlyexecuted SOW, Customer may only use the Services in furtherance of its internal governmentoperations, and not for the use by, or benefit of, any third party.
ii. Customer shall use the Services solely for itself and its Affiliates' government purposes as
contemplated by this Agreement for itself and its Affiliates.
iii. Customer shall not license, sell, resell, lease, transfer, distribute, or otherwise commercially exploit ormake the Services or Forerunner Intellectual Property available to any third party.
iv. Customer shall not modify, translate or create derivative works based on the Services or Forerunner
Intellectual Property.
v. Customer shall not alter or remove any proprietary rights, notices or marks in the Services orForerunner Intellectual Property, or use the Services or Forerunner Intellectual Property in any way orfor any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Rightsor other right of Forerunner and/or any third party.
vi. Customer shall not send via the Services, or store within the Services, any unlawful, offensive ortortious material, including, without limitation, hate speech or discriminatory content.
vii. Customer shall not imitate or impersonate another person, or his, her or its email or other address orcontact information.
viii. Customer shall not create false accounts for the purposes of sending unsolicited messages (spam).
ix. Customer shall not send messages to individuals who have asked not to receive future messagesfrom Customer (opted out).
3
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Section 6, Item d.
x. Customer shall not send, upload to, or store within the Services any viruses, worms, time bombs, Trojan horses and/or any other harmful or malicious codes, files, scripts, agents or programs.
xi. Customer shall not interfere with, or disrupt, the integrity or performance of the Services or the data contained therein.
xii. Customer shall not attempt to gain unauthorized access to the Services or its related systems or networks.
xiii. Customer shall not use the Services in any fraudulent, harmful or misleading way or in any other way that violates any Applicable Law.
d. Suspension. Any use of the Services by Customer or its Authorized Users that, in Forerunner's reasonable judgment, imminently threatens the security, stability, integrity or availability of the Services, or otherwise harms other customers or third parties, may result in immediate suspension of the Services.
Forerunner, however, will use commercially reasonable efforts under the circumstances to notify Customer in advance of such suspension and provide Customer with an opportunity to correct its usage prior to any such suspension. Forerunner will have no liability for any such suspension made in good faith. Additionally, unless this Agreement has been terminated, Forerunner will cooperate with Customer to restore access to the Services once it verifies that Customer has resolved the condition requiring suspension.
4. Fees; Payment Terms; Taxes; Customer Acknowledgement. Customer will pay Forerunner the fees described in any SOW attached to this Agreement for the applicable Services in accordance with the terms therein (the "Fees").
a. Fees. Except as otherwise may be specified herein or in any SOW attached to this Agreement:
i. Fees are based on the Services purchased.
ii. Payment obligations are non-cancelable.
iii. Fees paid for services rendered are non-refundable.
iv. Upon the expiration of the Term, the Annual Fee for any subsequent renewal Term shall be subject to Forerunner's sole discretion and based on, among other factors, software enhancements that Forerunner has made or anticipates making to the Services, security and other updates to the Services, but at least a 10% increase over the prior Term's Annual Fee.
b. Payment Terms.
i. All amounts due for this Agreement and any SOW's attached to this Agreement shall be paid within thirty (30) days after invoice is received by Customer.
ii. Forerunner reserves the right to charge, and Customer agrees to pay, a late charge equal to one and one half percent (1.5%) per month on any amount that is unpaid on such amount's due date, and on any other outstanding balance.
iii. Customer will pay all amounts due under this Agreement without setoff, deduction, recoupment or
withholding of any kind, for amounts owed or payable by Forerunner whether under this Agreement, Applicable Law or otherwise and whether relating to Forerunner's breach, bankruptcy or otherwise.
c. Taxes. Customer will be responsible for all taxes associated with Services.
d. Customer Acknowledgement. Customer acknowledges and agrees that although the Services may
include legal-related information, no recommendations are being made by Forerunner regarding Customer's legal or other decisions related to any agreements, forms or related advice. Customer acknowledges that no Services provided by Forerunner constitutes investment, accounting, tax, or legal advice. Planning decisions made by Customer using Forerunner deliverables are done at the sole discretion and risk of the Customer and Forerunner is not responsible for the outcomes of any decisions.
5. Term; Termination.
a. Term. This Agreement is effective as of the MSA Effective Date and will continue thereafter for the Term specified in any SOW attached to this Agreement (the "Initial Term"), unless earlier terminated.
b. Renewal. This Agreement may be renewed for additional periods, subject to written agreement of both parties.
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Section 6, Item d.
c. Termination.
i. Forerunner may terminate this Agreement in the event of a breach by Customer of any term orcondition of this Agreement upon ten (10) days prior written notice (written notice includes an e-mailto the e-mail address provided by the Customer).
ii. In addition, Forerunner may terminate this Agreement immediately if the Customer becomesinsolvent, files for bankruptcy or is adjudged to bankruptcy proceedings.
iii. Forerunner may also terminate this Agreement under other reasonable circumstances with thirty (30)days prior written notice, provided that Forerunner shall refund any pre-paid fees for the Term (pro-rated based on the number of days that have elapsed from the MSA Effective Date through the effective date of termination).
iv. Customer may terminate this Agreement for convenience or cause with thirty (30) days prior written
notice.
v. Effect of Expiration of Term; Termination; Survival. Upon expiration of Term or earliertermination:
1. The Services will terminate and each party will cease use of the other party's ConfidentialInformation.
2. Customer will pay Forerunner any remaining balance of the fees in full for the Services up to and including the last day on which the Services are provided.
3. Forerunner may, but is not obligated to, delete stored Customer Materials.
4. All sections of this Agreement which by their nature should survive termination will survivetermination, including, without limitation, accrued rights to payment, perpetual licenses granted by Customer, confidentiality obligations, warranty disclaimers, and limitations of liability.
6. Intellectual Property and Ownership.
a. Forerunner Intellectual Property.
i. All right, title and interest in, and to, the Services and the Forerunner Intellectual Property are and will remain with Forerunner and its licensors, if any, subject only to the Limited License granted to Customer in the next paragraph "Limited License."
ii. Limited License. Forerunner grants Customer a revocable, non-exclusive, non-transferable, non-sub-licensable license to use the Services and Forerunner Intellectual Property during the Termsolely in furtherance of Customers internal government operations and not for the use by, or benefitof, any third party.
b. Customer Data.
i. Other than as provided in this Agreement, Forerunner acknowledges and agrees that Customer will own all rights to, title in, and interest in Customer Data, and Forerunner will provide copies ofCustomer Data to Customer upon Customer's request. Customer grants Forerunner a perpetual,irrevocable, worldwide, royalty-free right and license to use Customer Data for business orcommercial purposes including, but without limit to, performing the Services and exercising its rightshereunder, improving and enhancing the Services or other Forerunner services or offerings, and preparing reports and other interpretation of trends for analysis, analytics, marketing purposes;developing algorithms, creating or developing Confidential Data Sets, data applications or analyticalprograms; and for machine learning applications, whether or not in connection with the Services.
7. Publicity and Marketing. The parties agree that:
a. Forerunner may include Customer's name and logo in its customer lists and on its website.
b. Forerunner may issue communications, such as press releases, case studies, and testimonials thatreference the relationship between Customer and Forerunner and the manner in which Customer is using the Forerunner solution.
c. Customer will use reasonable efforts to act as a reference for Forerunner.
d. Upon request by Customer, Forerunner shall coordinate its efforts with appropriate communicationspersonnel in Customer's organization to secure approval of any such published materials.
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Section 6, Item d.
8. Confidential Information.
a. Each party as the "Recipient" understands that the other party as the "Disclosing Party" has disclosed
or may disclose nonpublic, confidential or proprietary information relating to the Disclosing Party'sbusiness. In addition to all descriptions of Confidential Information in this Agreement, ConfidentialInformation does not include information that:
i. Was rightfully known to the Recipient prior to such information being disclosed or made available to it in connection with this Agreement.
ii. Was or becomes generally known by the public other than by the Recipient's or Representative's
noncompliance with this Agreement.
iii. Was or is received by the Recipient on a non-confidential basis from a third party that was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality.
b. As a condition to being provided with access to Confidential Information, Recipient agrees that it will:
i. Not access or use Confidential Information other than as necessary to exercise its rights or performits obligations under and in accordance with this Agreement.
ii. Not disclose or permit access to Confidential Information other than to its Authorized Users, whoneed to know such Confidential Information for purposes of the Recipient's exercise of its rights orperformance of its obligations under this Agreement and are bound by confidentiality obligations no less restrictive than those set forth herein, or to a third party if the Recipient is compelled by Applicable Law pursuant to a lawful court order or judicial subpoena (but in no event will the Recipientvoluntarily provide any Confidential Information to any third party, whether governmental or
otherwise).
iii. Safeguard the Confidential Information from unauthorized use, access or disclosure using at least the degree of care it uses to protect its similarly sensitive information and in no event less than areasonable degree of care.
9. Representations and Warranties.
a. Customer.
i. Customer represents and warrants that Customer owns or otherwise has and will have the necessaryrights and consents in and relating to the Customer Materials so that, as received by Forerunner and
processed in accordance with this Agreement, they do not and will not infringe, misappropriate, orotherwise violate any Intellectual Property Rights, or any privacy or other rights of any third party orviolate any Applicable Law.
ii. Customer further represents and warrants that it will ensure that all Authorized Users will:
1. Safeguard the Services and only use the Services in accordance with the terms and conditionsset forth herein and not in any manner prohibited by this Agreement.
2. Not use the Services or any Forerunner Intellectual Property in a manner or for any purpose thatinfringes, misappropriates or otherwise violates any law or Intellectual Property Right ofForerunner or other third party.
3. Use the Services in compliance with all Applicable Laws.
b. Forerunner. Forerunner represents and warrants to Customer that it will:
i. Perform the Services using personnel of required skill, experience and qualifications and in aprofessional and workmanlike manner in accordance with generally recognized industry standards forsimilar services.
ii. Devote reasonably adequate resources to maintain the Services in a manner that minimizes errorsand interruptions.
iii. Employ commercially reasonable security measures in accordance with applicable industry practicein connection with its collection, storage and processing of Customer Materials.
iv. Notwithstanding the foregoing, Forerunner will not incur any obligation or liability if the Services are unavailable:
1. For scheduled maintenance.
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Section 6, Item d.
2. As a result of any satellite, broadband or network connectivity issues, interruptions or failures.
3. As a result of any other circumstances beyond Forerunner's reasonable control, including,without limitation:
a. Customer's negligence or failure to use the Services properly or in accordance with the termsand conditions of this Agreement;
b. Customer's use of the Services in a modified form, or Customer's use of the Services in connection or combination with any third party software or hardware;
c. When Forerunner suspends the Services where it determines in its sole discretion that anydata collection, processing, or transferring would be restricted or prohibited by ApplicableLaw
d. When Forerunner suspends or terminates Customer's access to the Services due to its goodfaith belief that Customer is involved in any type of fraudulent, misleading or unlawful activityrelating to or in connection with any of the Services, or has otherwise failed to comply withthe terms and conditions of this Agreement; and/or
e. Where Forerunner receives a judicial or other governmental order, subpoena or similarrequest that expressly or by reasonable implication requires Forerunner to suspend orterminate the Services.
10. Disclaimer of Warranties.
a. Forerunner does not warrant that the Services will be uninterrupted or error free or be compatible withany other goods, services, or technologies.
b. Forerunner does not make any warranty as to the data, reports, or results that may be obtained from use of the services, including the completeness or accuracy of such data, reports or results, includinggeocoding or data extraction, except as expressly set forth in this section.
c. The Services are provided "AS IS" and Forerunner disclaims all warranties, express or implied, including,but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-
infringement.
11. Indemnification. Nothing provided herein is intended to waive or limit the protection afforded the Customerby Section 768.28, Florida Statutes, and the parties expressly agree that the Customer's duty to indemnifyprovided herein shall be limited in the same manner as a claim in tort against the Customer; specifically, the Customer's duty to defend and indemnify Forerunner shall be strictly limited to $200,000 per person and $300,000 per occurrence. Customer (the "Indemnifying Party") shall indemnify, defend and hold harmlessForerunner and its officers, directors, employees, agents, successors and assigns (collectively, the "Indemnified Party") against all losses, damages, liabilities, deficiencies, claims, actions, judgments,
settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonableattorney fees and the costs of enforcing any right to indemnification under this Agreement eLosses"), arisingout of or resulting from any third-party claim, suit, action or proceeding (" Action") arising out of, relating to orresulting from its:
a. Breach of any representation, warranty, covenant or obligation under this Agreement.
b. Use of the Services in a manner not authorized by this Agreement.
c. Gross negligence, willful misconduct or fraud in connection with the performance of its obligations underthis Agreement.
d. The Indemnified Party will promptly notify the Indemnifying Party of the existence of any Action giving rise to a claim for indemnification under this section and will give the Indemnifying Party a reasonableopportunity to defend the same at its own expense and with its own counsel, provided that the Indemnified Party will at all times have the right to participate in such defense at its own expense.
12. Limitation of Liability.
a. Limitation of Liability. In no event will Forerunner be liable to Customer or to any third party under, orin, connection with this agreement under any legal or equitable theory, including breach of contract, tort(including negligence), strict liability and/or otherwise, for:
7
71
Section 6, Item d.
i. Any loss of revenue or profit.
ii. Cost of replacement goods or services.
iii. Loss of goodwill or reputation.
iv. Loss, damage, or corruption of any Customer Materials or reports provided as part of the Services.
v. Losses caused by, or resulting from, any action, conclusion, decision or omission based on any data or reports provided as part of the Services.
vi. Damage or losses caused by any third party materials used in connection with the services.
vii. For any consequential, incidental, indirect, exemplary, special, enhanced or punitive damages,regardless of whether such party was advised of the possibility of such losses or damages were
otherwise foreseeable.
b. Limitation of Aggregate Liability. In no event will the aggregate liability of Forerunner in connectionwith this Agreement under any legal or equitable theory exceed the fees paid or payable by Customer to Forerunner in the twelve months preceding the action.
13. Dispute Resolution. In the event of a dispute arising under or relating to this Agreement, the parties agreeto resolve the dispute according to the laws of the State of Florida, with all legal proceedings to be filed in Flagler County, FL
14. Notices. All notices under this Agreement will be provided in writing to the addresses set forth on thesignature page and will be deemed to have been duly given when received as follows:
a. Personally delivered.
b. When receipt is confirmed by recipient and/or by email delivery notification if transmitted by facsimile or e-mail.
c. The day after it is sent, if sent for next day delivery by recognized overnight delivery service.
d. Upon receipt, if sent by certified or registered mail, return receipt requested.
15. Miscellaneous.
a. The parties recognize and acknowledge Forerunner shall be subject to Florida's public records
laws contained with Chapter 119, Florida Statutes, with regard to records received or created
related to the performance of this Agreement. Forerunner shall keep and maintain all records
received or created which are in any way
related to its performance of this Agreement and shall provide such records to the Customer without
delay upon a request for same. Furthermore, Forerunner recognizes it could receive direct requests
for public records from members of the public
and agrees it shall be responsible for complying to such requests in accordance with law after
consultation with the Client. IF FORERUNNER HAS QUESTIONS REGARDINGTHE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITSDUTY TO PROVIDE PUBLIC RECORDS RELATING TO THISCONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (386)517-2000, poverstreet@cityofflaglerbeacb.com, 105 S. SECONDSTREET, PO BOX 70, FLAGLER BEACH, FL 32751. The City Clerk shall assist the
Consultant to comply.
b. This Agreement is for the sole benefit of the parties hereto and their respective permitted successors andpermitted assigns and nothing herein, express or implied, is intended to or shall confer on any other thirdparty any legal or equitable right, benefit or remedy of any nature whatsoever under, or by reason of thisAgreement.
c. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and
8
72
Section 6, Item d.
supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
d. In the event a conflict between this Agreement and a SOW arises, this Agreement will control, unlessotherwise expressly provided in the SOW.
e. The parties agree that all waivers and modifications must be in a writing signed by both parties, except asotherwise provided herein.
f.Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights,remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof;nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude anyother or further exercise thereof or the exercise of any other right, remedy, power or privilege.
g. All remedies for breach of this Agreement are cumulative, and may be exercised concurrently orseparately, and the exercise of any one remedy shall not be deemed an election of such remedy to theexclusion of other remedies.
h. The titles and headings contained in this Agreement are for reference purposes only and shall not in anymanner limit the construction or interpretation of this Agreement.
i. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited oreliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force andeffect and enforceable.
j. Except as otherwise provided in this Agreement, neither party may assign any of its rights or delegateany of its obligations under this Agreement without the prior written consent of the other party; provided,that Forerunner may assign any of its rights or delegate any of its duties under this Agreement withoutany prior written consent of Customer if such assignment or delegation is to a successor by consolidation,merger or operation of law or to a purchaser of all or substantially all of its assets.
k. No agency, partnership, joint venture, or employment is created as a result of this Agreement andCustomer does not have any authority of any kind to bind Forerunner in any respect whatsoever.
I. Except with respect to failure to pay any amount due under this Agreement, nonperformance of eitherparty will be excused to the extent that performance is rendered impossible by strike, fire, flood,governmental acts that are not caused by or within the control of the nonperforming party, orders orrestrictions, failure of suppliers, or any other reason where failure to perform is beyond the control and notcaused by the negligence of the non-performing party.
m. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled torecover costs and attorneys' fees.
n. This Agreement may be executed in counterparts, each of which is deemed an original, but all of whichtogether are deemed to be one and the same agreement.
o. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmissionis deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
[Signature Page Follows]
9
73
Section 6, Item d.
Forerunner MSA Signature Page
IN WITNESS WHEREOF, the parties hereto have executed this Master Services Agreement as of the MSA Effective Date.
Forerunner Industries, Inc.
Signed: r .k---
Name: Susanna Pho
Title: Chief Operating Officer
Date: 2-16-24
Address; 548 Market Street #93531,San Francisco, CA 94104
City of Flagler Beach, FL -, ,,
Slgned:/;J 0 k
Name: -pa,;([. {Y/M'f ltl
Iill!!.Ct f
Qm t1, '2,c),'t-Add7 t; :f, z_.,J, 4 fretd--
f("tf /,,e,fr ,fi. fl 2-l 7 '--
10
74
Section 6, Item d.
Statement of Work No. 1
This Statement of Work No. [1] ("SOW'), effective as of 3/1/24 (the "SOW Effective Date"), is entered into between Forerunner Industries, Inc., a Delaware corporation ("forerunner"), and the City of Flagler Beach, a State of Florida Municipality ("Customer"). This SOW adopts and incorporates by reference the terms and conditions of the Master Services Agreement ("MSA"), entered into by Forerunner and Customer on 3/1/24. Capitalized terms used but not defined in this SOW shall have the meanings set out in the MSA.
Customer Information
Customer Name: City of Flagler Beach, FL Customer Address: 800 S Daytona Ave, Flagler Beach, FL 32136 Customer Contact Name: Lee Richards Contact Email: lrichards@cityofflaglerbeach.com
Contact Phone: 386-517-2000 ext. 248
Initial Term
One (1) Year
Fees
Item
Forerunner Annual License
Repetitive Loss Data Module
One time Set 1:1p Waived if signed by 2129/24
Payment Terms
Type
Yearly
Yearly
GAe +iFRe
Cost
$17,500
$3,000
$8,000
Forerunner's may be renewed for additional periods, subject to written agreement of both parties. As described in the Agreement, all amounts due shall be payable within 30 days after invoice is received by Customer.
75
Section 6, Item d.
Description of Forerunner Software and Services
1. Software and Services. Forerunner will provide the following software and services to the Customer:
a. Data Extraction. Forerunner will extract select fields ("Extracted Data") from Customer's archivedand incoming Elevation Certificates, subject to the terms and conditions of the Master ServicesAgreement. List of extracted fields provided to Customer by request
i. Data augmentation. When available, data extraction will include:
b. Automated address geocoding, subject to the terms and conditions of the MasterServices Agreement.
c. Automated parcel assignment, subject to the terms and conditions of the Master ServicesAgreement.
d. FIRM data assignment.
e. Datum conversion.
b. Software. As part of its ongoing Software offering, Forerunner will provide the following:
i. Accounts for up to ten (10) users. Additional seats available for added fee.
ii. Forerunner internal dashboard
a. Elevation Certificate management.
i. Internal Elevation Certificate upload.
ii. Elevation Certificate table with filtering.
iii. Elevation Certificate download.
b. Internal document management.
i. Internal per-property document upload and storage.
c. Activity tracking.
i. Activity tracking for internal actions taken in dashboard.
ii. Per-property comment tracking.
d. Substantial Improvement and Damage tracking
e. Mapping.
i. FIRM map overlay(s) where available.
ii. Address search.
iii. Per-property building attribute data, where available.
f. Automated Elevation Certificate error detection for:
i. Residential structures only.
ii. Documents with form dates more recent than 2015.
iii. Documents with issue dates more recent than Effective FIRM date forlocation.
g. Per-property communication log.
i. Log export.
h. Dashboard permissions.
i. Segmented access to dashboard functionality by role type.
ii. Ability to add new users and set roles.
iii. Public Website.
a. Elevation Certificate public search including:
i. Elevation Certificate table filtering by address, parcel ID, Block, Lot, and more.
ii. PDF document view.
b. Public property profiles displaying flood risk information.
2
76
Section 6, Item d.
i. Share public profile functionality and communication log tracking on internaldashboard.
c. Property search by address.
iv. Repetitive Loss Data Module
a. Yearly import of Customer's repetitive loss data, as provided by Customer.
b. Advanced user role/permissions and access logging.
c. Forerunner has implemented commercially reasonable measures designed to protectRepetitive Loss Data. Upon import, Repetitive Loss Data is scrambled in staging and local development environments. Forerunner also provides features that allowCustomer to limit access to Repetitive Loss Data to authorized personnel.
2. Onboarding. As part of initial Customer onboarding and implementation, Forerunner will provideCustomer with successful transfer of all existing and relevant Customer Materials to Forerunner'sdatabase, user login/password provisioning, and onboarding training. Additionally, Forerunner willimport and extract Customer's existing Elevation Certificate archive, as made available by Customer,during initial onboarding period. Customer will be responsible for uploading Elevation Certificates to Forerunner after initial onboarding period.
3. Support. Forerunner provides a dedicated account manager to the Customer starting at the time ofinitial onboarding to assist in coordination, troubleshooting, and error identification. Additional trainingsare available upon request.
4. License. During the Term, Forerunner hereby grants a non-exclusive, non-transferable, non-sub-licensable license to Customer to access and use the Services through the Forerunner Website forCustomer's internal purposes and in accordance with the terms and conditions of the Master ServicesAgreement, to which this Statement of Work is attached and incorporated by reference. Forerunnerwill be responsible for hosting the Software, and Customer and its Authorized Users will be responsible for obtaining internet connections and other third party software and services necessaryfor it to access the Software through the Internet. Customer and any of its Authorized Users will be responsible to Forerunner for compliance with the restrictions on use and other terms and conditionsof the Master Services Agreement, to which this Statement of Work is attached and incorporated by reference.
5. Customization and Consulting.
a. Customer will notify Forerunner of changes in FIRM data that warrant updates from FEMA's MapService Center.
b. Data incorporated into dashboard is obtained from Vendors at Forerunner's discretion.Incorporating additional data sources into the Services may be possible for an additional fee, tobe negotiated as needed.
c. Customization, including the integration of additional map layers and unique exports, and dataanalysis consulting services are available for an additional fee. Any work or services not outlinedin the Master Services Agreement or this Statement of Work will be incorporated in a separatesow.
d. To the extent Services involve the development of any customization or configuration of software,all Intellectual Property Rights to such customization or configuration will be solely owned by Forerunner and will be deemed to be included in the definition of Services and licensed to Customer on the terms set forth in the Master Services Agreement, to which this Statement ofWork is attached and incorporated by reference.
6. Termination. Extracted Data will be made available to Customer for 90 days following the terminationof this Statement of Work.
3
77
Section 6, Item d.
. j .
. t·
4
78
Section 6, Item d.
Forerunner SOW Signature Page
The parties hereto have executed this STATEMENT OF WORK as of the SOW Effective Date.
Forerunner Industries, Inc.
Signed: f k--
Name: Susanna Pho
Title: Chief Operating Officer
Date: 2-16-24
Address: 548 Market Street #93531, San Francisco, CA 94104
City of Flagler Beach, FL
Signed: �D.kc.Q__
Name: 'P&-k.... L,. Ma.;--+,·.,,,
TiUe: C.1../.'f',l,ta,,i3/
Date: td> \ , Zo Z.4-'<
Address: /aCj 5 t/J,J V:l J lu J(.,)e,,l...
5
79
Section 6, Item d.
Page 1 of 1
Forerunner
548 Market Street #93531
San Francisco, CA 94104
(510) 880-1584
support@withforerunner.com
www.withforerunner.com
INVOICE
BILL TO
City of Flagler Beach
800 S Daytona Ave.
Flagler Beach, FL 32126
INVOICE 1190
DATE 03/07/2024
TERMS Net 30
DUE DATE 04/06/2024
ITEM QTY RATE AMOUNT
Forerunner Annual License 1 17,500.00 17,500.00
Repetitive Loss Property Tracking Module 1 3,000.00 3,000.00
Thank you so much for your business!
Checks can be mailed to the address listed above.
Wire & ACH payment information below.
Name: Forerunner Industries, Inc.
Routing #: 021000021
Account Number: 527355199
Bank: CHASE
EIN: 833689645
SUBTOTAL 20,500.00
TAX 0.00
TOTAL 20,500.00
BALANCE DUE $20,500.00
80
Section 6, Item d.
STAFF REPORT
Regular City Commission Meeting
March 28, 2024
To: Elected Officials
From: Dale L. Martin, City Manager
Date: March 28, 2024
Item Name: Resolution 2024-23 a resolution by the City of Flagler Beach, Florida, declaring certain
property to be surplus, providing for conflict and effective date.
Background: Two tower lights purchased in the 2009/2010 Fiscal Year are inoperable: one does not have a
functioning generator to run the lights and the other has a broken riser and other condition issues. Staff has
determined that, with the anticipated cost of repairs, it is better to dispose of the property, declaring the two light
towers as surplus property. If approved, Staff will auction the two light towers.
Fiscal Impact: The light towers have been fully depreciated with no value as an asset to the City. The revenues
received from the sale will be recorded in the General Fund.
Staff Recommendation: Staff recommends approval of proposed Resolution 2024-23.
Attachments: Proposed Resolution 2024-23
81
Section 6, Item e.
RESOLUTION 2024-23
A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF FLAGLER
BEACH, FLORIDA, DECLARING ITEMS AS SURPLUS, PROVIDING FOR
CONFLICT AND AN EFFECTIVE DATE.
WHEREAS, City Staff recommends the items listed below in table “A”, be declared surplus and
auctioned to the highest bidder as the cost to repair exceed the value of the equipment.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FLAGLER BEACH, AS
FOLLOWS:
SECTION 1. The following property listed in table “A” is declared surplus, and will be auctioned to
the highest bidder.
Table “A”
Item Vendor Department Model/Serial Asset Tag #
Tower Light Terex Police RL409 7542
Tower Light Terex Police RL409 7541
SECTION 2. All resolutions or parts of resolutions in conflict herewith be and the same are hereby
repealed.
SECTION3. This Resolution shall become effective immediately upon passage as provided by law.
PASSED AND ADOPTED THIS _______TH DAY OF MARCH, 2024.
CITY OF FLAGLER BEACH, FLORIDA
CITY COMMISSION
ATTEST:
______________________________
Patti King, Mayor
_______________________________
Penny Overstreet, City Clerk
82
Section 6, Item e.
STAFF REPORT
Regular City Commission Meeting
March 28, 2024
To: Elected Officials
From: Dale L. Martin, City Manager
Date: March 28, 2024
Item Name: Ordinance 2024-03 an ordinance by the City of Flagler Beach, Florida, amending
Article II of the City of Flagler Beach Land Development Regulations relating to
signs; reducing the window sign allowance; amending the size and time allowance
for temporary banner signs; providing for severability; providing for codification,
conflicts, and effective date - final reading.
Background: Attorney Smith amended the ordinance after recommendations were approved at the March 14,
2024 Commission meeting.
Fiscal Impact: N/A
Staff Recommendation: Approve Ordinance 2024-03 on second and final reading.
Attachments: Ordinance 2024-03
Business Impact Statement
Proof of Publication Legal Ad
83
Section 7, Item a.
ORDINANCE NO. 2024-03 1
2
AN ORDINANCE OF THE CITY OF FLAGLER BEACH, 3
FLORIDA, AMENDING ARTICLE II OF THE CITY OF FLAGLER 4
BEACH LAND DEVELOPMENT REGULATIONS RELATING TO 5
SIGNS; REDUCING THE WINDOW SIGN ALLOWANCE; 6
AMENDING THE SIZE AND TIME ALLOWANCE FOR 7
TEMPORARY BANNER SIGNS; PROVIDING FOR 8
SEVERABILITY; PROVIDING FOR CODIFICATION, 9
CONFLICTS, AND EFFECTIVE DATE. 10
11
WHEREAS, the City Commission wishes to protect the safety of motorists, 12
pedestrians, and others from distraction caused by signs; and 13
WHEREAS, the City Commission finds that an overabundance of temporary 14
signage can detract from the aesthetic beauty of the landscape, waterways, and the Atlantic 15
Ocean; and 16
WHEREAS, the City Commission wishes to preserve the aesthetic beauty of the 17
City of Flagler Beach; and 18
WHEREAS, the regulation of signage for purposes of aesthetics has long been 19
recognized as advancing the public welfare; and 20
WHEREAS, the Florida Constitution provides that it shall be the policy of the state 21
to conserve and protect its scenic beauty; and 22
WHEREAS, the regulation of signage for purposes of aesthetics directly serves the 23
policy of this state by conserving and protecting its scenic beauty; and 24
WHEREAS, the City Commission finds that the existing allowance for window 25
signs in the Code allows situations where windows can be completely covered by window 26
signage as long as such signage does not exceed 50% of the total window area of the 27
building; and 28
WHEREAS, the City Commission finds that such coverage contributes to sign 29
clutter and detracts from the aesthetic beauty of the City; and 30
WHEREAS, the City Commission finds that the current banner sign allowances 31
are being abused by a small number of users and finds that a reduction in the size and time 32
allowances are appropriate and necessary; and 33
WHEREAS, the Planning and Architectural Review Board, acting as the Local 34
Planning Agency, found and determined that this Ordinance is consistent with the City’s 35
Comprehensive Plan, and the City Commission finds and determines that the following 36
amendments are consistent with all applicable policies of the City’s Comprehensive Plan; 37
and 38
WHEREAS, the City Commission finds and determines that the City’s sign 39
regulations are concerned with the secondary effects of speech including but not limited to 40
aesthetics and traffic safety, and are not intended to regulate viewpoints or censor speech, 41
84
Section 7, Item a.
and for those and other reasons that the foregoing provisions are not subject to, or would 42
not fail, a “prior restraint” analysis; and 43
WHEREAS, the City Commission finds and determines that adoption of this 44
Ordinance is in the best interest of the residents, businesses, and visitors of Flagler Beach. 45
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 46
THE CITY OF FLAGLER BEACH, FLORIDA, AS FOLLOWS: 47
SECTION ONE. The findings set forth in the recitals above are hereby adopted as 48
legislative findings of the City Commission pertaining to this Ordinance. 49
50
SECTION TWO. Article VII, “Signs,” of the City of Flagler Beach Land Development 51
Regulations is hereby amended as follows (note, underlined text notates additions, 52
strikethrough text notates deletions, and ellipses (***) notate text which remains 53
unchanged and is not reprinted here): 54
ARTICLE VII. SIGNS 55
56
* * * 57
Sec. 7.06.07. Window signs. 58
Copy area of Wwindow signs shall not exceed fifty (50) percent of the area of any 59
window as viewed from the outside of the building the building's window area. For 60
purposes of calculation, Ssuch signage shall include permanently and temporarily affixed 61
window signs, neon displays, or any other sign displayed in a manner to be readily visible 62
from the exterior of the building. Window signs shall not be calculated in a lot or 63
premises' total allowable number of signs and sign copy area unless otherwise specified 64
in this article. Window signs existing as of April 11, 2024, shall be brought into 65
compliance with the coverage limitation provided herein on or before May 10, 2024. 66
Sec. 7.07.03. Standards for certain temporary signs erected with a permit. 67
The number of such signs and a sign's copy area shall not be calculated in a lot or 68
premises' total allowable number of signs and sign copy area unless otherwise specified 69
in this article. 70
A. Temporary freestanding signs. 71
1. Only one (1) temporary freestanding sign may be erected on a lot. All 72
temporary signs may be authorized for a total period not to exceed ninety 73
(90) days during any calendar year. Said sign shall be removed upon the 74
expiration of the above-described period. 75
2. A temporary freestanding sign's copy area shall not exceed sixteen (16) 76
square feet in the SFR, LDR, MDR zoning districts and thirty-two (32) 77
square feet in all other zoning districts except the single- and two-family 78
residential use portions of the comprehensive plan designated planned and 79
limited development overlays and the mixed-use overlay. Temporary 80
freestanding signs erected in the comprehensive plan designated planned 81
and limited development overlays and the mixed-use overlay shall not 82
85
Section 7, Item a.
exceed sixteen (16) square feet of copy area within single-family and two-83
family residential use areas and thirty-two (32) square feet of copy area in 84
all other use areas. 85
3. Temporary freestanding signs shall not exceed six (6) feet in height 86
measured from the finished grade to the highest point on the sign. 87
B. On-site temporary banner signs. 88
1. No more than two (2) one (1) temporary on-site banner signs of sixteen 89
(16) square feet or less of copy area in a residential zone and sixty-four 90
(64) thirty-six (36) square feet or less of copy area in a non-residential 91
zone may be displayed for up to two (2) weeks one (1) week, twelve (12) 92
six (6) times per calendar year, with a minimum of fourteen (14) thirty 93
(30) days between times of display. 94
2. No more than two (2) temporary on-site banner signs of six (6) square feet 95
or less of copy area in a residential zone and twelve (12) square feet or less 96
of copy area in a nonresidential zone may be displayed for up to three (3) 97
weeks, twelve (12) times per calendar year, with a minimum of seven (7) 98
calendar days between times of display. 99
23. Applications for temporary on-site banner signs shall meet all of the 100
following content-neutral criteria: 101
a. The temporary sign is not displayed more than fourteen (14) days 102
prior to the start of the special event, and the sign will be removed 103
within twenty-four (24) hours of the closing of the special event. 104
ab. The temporary banner sign will not exceed nine (9) feet in height. 105
bc. The temporary banner sign will not conceal or obstruct adjacent land 106
uses or signs. 107
cd. The temporary banner sign will not conflict with the principal 108
permitted use of the site. 109
de. The temporary banner sign will not interfere with, obstruct the vision 110
of or distract motorists, bicyclists or pedestrians. 111
ef. The temporary banner sign will be installed and maintained in a safe 112
manner and in such a way that it will not disassemble, float, or fall in 113
the event of wind. 114
3. Banner signs erected as part of a special event approved pursuant to 115
Chapter 4, Article III of this code of ordinances shall be exempt from this 116
subsection provided that the signage to be erected for the special event has 117
been approved by the city as part of the special event approval. 118
C. Sandwich signs. 119
1. Sandwich signs are temporary signs which are only permitted in the 120
General Commercial, Highway Commercial and Tourist Commercial 121
Zoning Districts, the Community Redevelopment Area's Downtown 122
86
Section 7, Item a.
Mixed-Use Overlay District and A1A Retail Corridor Overlay District. All 123
of the following regulations shall apply: 124
a. Only one (1) sandwich sign is allowed per business and can be 125
displayed only during the business hours of the business it identifies 126
and shall be stored indoors during non-business hours. 127
b. Maximum sign area is twelve (12) square feet, with a maximum 128
height of four (4) feet. 129
c. A sandwich sign shall be placed in front of the use and shall allow for 130
a minimum of at least five (5) feet of unobstructed pedestrian 131
clearance adjacent to the sign. If a sandwich sign cannot be placed in 132
front of the business because of these regulations, and the business is 133
on a corner, the sandwich sign can be placed in the side yard. 134
d. The sign shall not be located in a public right-of-way or on a 135
sidewalk. 136
e. A business located above the first floor of a building may place one 137
(1) sandwich sign on the ground level of the building in which the 138
business is located. 139
f. A sandwich sign does not count against other allowable sign number 140
or area of a business. 141
g. A sandwich sign shall not be located in a manner which violates the 142
provisions of Section 7.06.04 of this article. 143
h. A sandwich sign shall not be illuminated or electric, shall not have 144
any electric devices attached thereto, and shall not contain any 145
attachment for holding pamphlets, leaflets, written material, or any 146
other items. 147
i. A sandwich sign shall be stored indoors during tropical 148
storm/hurricane watches and warnings and other severe weather 149
advisories. 150
D. Special events parking signs. Signs directing participants on parking availability 151
during a special event shall be no more than sixteen (16) square feet in sign copy 152
area and six (6) feet in height. 153
E. The temporary signs shall comply with all other applicable sections of this article 154
not in conflict with this section. Specifically, prohibited signs under Section 7.05.00 155
shall not be allowed. 156
F. The temporary sign permit is in addition to any other permit required by applicable 157
county, state or federal statute, law or regulation. 158
G. Any decision of the city manager or designee regarding the display of temporary 159
signs may be appealed in accordance with Section 7.02.03 except that the initial time 160
in which the city must make a determination on the sign permit application shall be 161
ten (10) days as opposed to the forty-five (45) days provided in Section 10.02.03. 162
87
Section 7, Item a.
163
* * * 164
165
SECTION THREE. Codification. It is the intent of the City Commission of the City of 166
Flagler Beach that the provisions of this Ordinance shall be codified. The codifier is 167
granted broad and liberal authority in codifying the provisions of this Ordinance. 168
169
SECTION FOUR. Conflicts. In any case where a provision of this Ordinance is found to 170
be in conflict with the provisions of any other ordinance of this City, the conflicting 171
provisions of the previous ordinance shall be repealed and superseded by this Ordinance. 172
173
SECTION FIVE. Effective date. This Ordinance shall take effect immediately upon 174
adoption as provided by the Charter of the City of Flagler Beach. 175
176
PASSED ON FIRST READING THIS 14TH DAY OF MARCH 2024. 177
178
PASSED AND ADOPTED THIS ________ DAY OF MARCH, 2024. 179
180
181
CITY OF FLAGLER BEACH, FLORIDA 182
CITY COMMISSION 183
184
____________________________________ 185
Patti King, Mayor 186
ATTEST: 187
188
____________________________ 189
Penny Overstreet, City Clerk 190
191
192
88
Section 7, Item a.
Order Confirmation
Not an Invoice
Account Number:464924
Customer Name:City Of Flagler - Legal
Customer
Address:
City Of Flagler - Legal
Po Box 70
Flagler Beach FL 32136-0070
Contact Name:CITY OF FLAGLER BEACH CITY OF
FLAGLER - LEGAL
Contact Phone:3865172000
Contact Email:poverstreet@cityofflaglerbeach.com
PO Number:
Date:03/07/2024
Order Number:9940030
Prepayment
Amount:
$ 0.00
Column Count:1.0000
Line Count:56.0000
Height in Inches:0.0000
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1/2 89
Section 7, Item a.
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2/2 90
Section 7, Item a.
1
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 City’s website by the time notice of the
proposed ordinance is published.
ORDINANCE NO. 2024-03 AN ORDINANCE OF THE CITY OF FLAGLER BEACH, FLORIDA, AMENDING ARTICLE II OF THE CITY OF FLAGLER BEACH LAND DEVELOPMENT
REGULATIONS RELATING TO SIGNS; REDUCING THE WINDOW SIGN
ALLOWANCE; AMENDING THE SIZE AND TIME ALLOWANCE FOR TEMPORARY BANNER SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION, CONFLICTS, AND 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 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; 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 See Section 166.041(4)(c), Florida Statutes.
91
Section 7, Item a.
2
1. Summary of the proposed ordinance:
Ordinance 2024-03 amends the size and duration standards for allowed temporary
banner signs as well as window signs in an effort to prevent sign clutter.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the City, if any:
The ordinance continues to allow temporary banner signs and window signs, it only amends the time, place, and manner restrictions to how such banners may be displayed. Accordingly, it is not expected to have any direct negative impact on private, for-profit
business. The ordinance is not expected to have any negative direct economic impact
on private, for profit businesses.
3. Good faith estimate of the number of businesses in the City likely to be impacted by the proposed ordinance:
For the reasons stated in Section 2, above, the City does not expect any businesses in the City to be negatively impacted by the proposed ordinance.
92
Section 7, Item a.
STAFF REPORT
Regular City Commission Meeting
March 28, 2024
To: Elected Officials
From: Dale L. Martin, City Manager
Date: March 28, 2024
Item Name: Ordinance 2024-04 an ordinance of the City of Flagler Beach, Florida, relating to
impact fees; adopting the Fee Study dated July 18, 2023 prepared by Tischler Bise;
increasing the amounts to be charged for Water and Wastewater Impact Fees;
adopting new Police, Fire, Library, and Parks and Recreation Impact Fees; establishing
an administrative charge consistent with state law; amending regulations pertaining
to the collection, use, and timing of payments of Water, Wastewater, Police, Fire,
Library, and Parks and Recreation Impact Fees; providing for notice of increased and
new fees; providing for codification; providing for severability and conflicts, and
providing an effective date – First Reading.
Background: The City has retained the services of Tischler Bise to review and recommend revisions to the City’s
schedule of impact fees. In general, “impact fees” are authorized by the State of Florida for communities to
provide funding for the expansion of specific services related to growth. The fees collected must be used solely
for the purpose collected and are restricted for new services required (desired) as a result of growth.
State statutes provide for a process to implement new or revised fees and the City will comply with those
provisions of timely implementation.
The City Attorney may have additional comments.
Fiscal Impact: The proposed fees will likely be implemented no sooner than August 1, 2024.
Staff Recommendation: Staff recommends approval of proposed Ordinance 2024-04, First Reading.
Attachments: Proposed Ordinance 2024-04
Exhibit A Impact Fee Study
93
Section 7, Item b.
Page 1 of 26
ORDINANCE NO. 2024-04 1
2
AN ORDINANCE OF THE CITY OF FLAGLER BEACH, FLORIDA, RELATING TO 3
IMPACT FEES; ADOPTING THE FEE STUDY PREPARED BY TISCHLER BISE; 4
INCREASING THE AMOUNTS TO BE CHARGED FOR WATER AND WASTEWATER 5
IMPACT FEES; ADOPTING NEW POLICE, FIRE, LIBRARY, AND PARKS AND 6
RECREATION IMPACT FEES; ESTABLISHING AN ADMINISTRATIVE CHARGE 7
CONSISTENT WITH STATE LAW; AMENDING REGULATIONS PERTAINING TO THE 8
COLLECTION, USE, AND TIMING OF PAYMENTS OF WATER, WASTEWATER, 9
POLICE, FIRE, LIBRARY, AND PARKS AND RECREATION IMPACT FEES; PROVIDING 10
FOR NOTICE OF INCREASED AND NEW FEES; PROVIDING FOR CODIFICATION; 11
PROVIDING FOR SEVERABILITY AND CONFLICTS, AND PROVIDING AN EFFECTIVE 12
DATE. 13
14
WHEREAS, under its home rule powers and pursuant to §163.31801, Florida Statutes, the 15
City of Flagler Beach may impose impact fees to ensure that new development pays for its 16
proportional share of capital facilities required by such new development; and 17
WHEREAS, the City of Flagler Beach last amended its water and wastewater impact fee 18
program in 2012; and 19
WHEREAS, the City Commission of the City of Flagler Beach has studied the necessity for 20
and implications of the adoption of an ordinance updating the water and wastewater impact fees 21
and adopting police, fire, library, and parks and recreation impact fees and has retained a 22
professional consulting firm to prepare a study relating to these fees (the “Study”) to determine 23
the proportionate demand that new development generates for additional water, wastewater, 24
police, fire, library, and parks and recreation facilities and improvements; and 25
WHEREAS, the Study has been presented to and reviewed by the City Commission of the 26
City of Flagler Beach, and it has been determined: (1) water, wastewater, police, fire, library, and 27
parks and recreation impact fees are necessary to offset the costs associated with meeting future 28
demands for the City’s water, wastewater, police, fire, library, and parks facilities pursuant to the 29
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Section 7, Item b.
Page 2 of 26
projections set forth in the Study; (2) that the new impact fees bear a reasonable relationship to 30
the burden imposed upon the City to provide infrastructure and facilities to meet the demand of 31
new City residents; (3) that impact fee revenues will provide a direct benefit to such new City 32
residents reasonably related to the fees assessed; (4) that an essential nexus exists between 33
projected new development and the need for additional facilities and infrastructure to be funded 34
with impact fees and the benefits that accrue to new development paying the fees; (5) that the 35
amount of the impact fees are roughly proportional to the pro rata share of the additional 36
facilities and infrastructure needed to serve new development; and 37
WHEREAS, §163.31801, Florida Statutes requires impact fee increases to be implemented 38
in annual increments as directed by the statute; and 39
WHEREAS, Section 163.31801, Florida Statutes requires that local governments ensure 40
that collection of an impact fee not be required to occur earlier than the date of issuance of 41
issuance of the building permit for the property that is subject to the fee; and 42
WHEREAS, the fees adopted herein are consistent with the maximum increase and phase-43
in provisions of Section 163.31801, Florida Statutes; 44
WHEREAS, the decisions of the City Commission as set forth herein are reasonable and 45
prudent steps pertaining to sound growth management which have been taken for the benefit 46
of the citizens of the City, both present and future; and 47
WHEREAS, the City is projected to significantly grow in population and further 48
economically develop in the future; and 49
95
Section 7, Item b.
Page 3 of 26
WHEREAS, this Ordinance contains an administrative framework to ensure that the 50
benefit of facilities and infrastructure funded with impact fees will accrue proportionately to new 51
development paying the fees; and 52
53
WHEREAS, Section 163.3202(3), Florida Statutes, encourages the use of innovative 54
land use regulations and impact fees by local governments to manage growth and to provide the 55
necessary public facilities and for the imposition by local governments of impact fees on 56
development to fund the capital cost of facilities necessitated by such development; and 57
WHEREAS, requiring future growth to contribute its fair share of the costs necessary to 58
fund required capital improvements and additions is an integral and vital part of the regulatory 59
plan of growth management in the City and is a practice consistent with sound and generally 60
accepted growth management, fiscal and public administration practices and principles; and 61
WHEREAS, for clarity and ease of reference all impact fees provisions shall be located in 62
a new Chapter 12 of the Code of Ordinances entitled “Impact Fees” and deletion of the existing 63
provisions related to water and wastewater impact fees contained herein is a relocation of the 64
provisions establishing and regulating those impact fees, not a repeal of said impact fees. 65
Note: Underlined words constitute the new text of the City of Flagler Beach Code of 66
Ordinances, asterisks (***) indicate an omission from the original text of the Code of Ordinances, 67
City of Flagler Beach, which is intended to remain unchanged, and strikethrough constitutes 68
deletions from the original Code of Ordinances. 69
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Flagler Beach, 70
Florida, as follows: 71
96
Section 7, Item b.
Page 4 of 26
SECTION 1. The above recitals, or “Whereas” clauses, are hereby adopted as the City 72
Commission’s legislative findings and are incorporated herein by reference. 73
SECTION 2. Chapter 12 of the Flagler Beach Code of Ordinances is hereby created as follows: 74
75
CHAPTER 12 – IMPACT FEES 76
ARTICLE I. ADOPTION OF FEE STUDY AND RATIONAL NEXUS 77
(a) The city commission hereby adopts by reference the Impact Fee Study 78
dated February 8, 2024 as prepared by Tischler Bise relating to the capital costs of the 79
City of Flagler Beach to meet facilities and infrastructure needs related to the impacts of 80
new development for water, wastewater, police, fire, library parks and recreation, and 81
administrative services. 82
(b) The city commission finds that there is a reasonable connection, or rational 83
nexus, between the need for new or expanded facilities and infrastructure in the city and 84
the growth in population anticipated within the city. In addition, the city commission 85
finds there is a reasonable connection, or rational nexus, between the anticipated 86
expenditures of the police impact fees collected and the benefits accruing to anticipated 87
new development. 88
ARTICLE II. DEFINITIONS 89
The following words, terms and phrases, when used in this chapter, shall have 90
the meaning ascribed to them in this section, except where the context clearly 91
indicates a different meaning, or except as otherwise provided. 92
97
Section 7, Item b.
Page 5 of 26
Applicant means any person, developer, builder or entity which requires public 93
services as a result of development for the benefit of itself or a prospective future 94
occupant. 95
Building is any structure, either temporary or permanent, designed or built for 96
the support, enclosure shelter or protection of persons, chattels or property of any 97
kind. This term shall include trailers, mobile homes or any other vehicles serving in any 98
way the function of a building. This term shall not include temporary construction 99
sheds or trailers erected to assist in construction and maintained during the time of a 100
construction. 101
Nonresidential includes all land uses not otherwise specified as residential or 102
exempted as set forth herein. This shall include, but is not limited to day care facilities, 103
residential care facilities, nursing homes, boarding houses, educational facilities, 104
cultural facilities, churches, all commercial uses, all transient lodging and 105
entertainment facilities except those which are temporary in nature, all automotive 106
facilities and/or structures, all miscellaneous business uses and services and all 107
industrial uses. 108
Owner of record means the most recent owner of a parcel of property 109
appearing in the official records of Flagler County, Florida. 110
Residential means multifamily dwelling units, mobile homes, and single-family 111
detached houses. 112
ARTICLE III. GENERAL TERMS RELATED TO COLLECTION AND ACCOUNTING OF IMPACT FEE 113
FUNDS 114
98
Section 7, Item b.
Page 6 of 26
(a) There are established capital fund accounts for impact fees, to be 115
generally designated as the "Impact Fee Capital Improvement Trust Fund for the 116
Extension of Primary Water Systems," "Impact Fee Capital Improvement Trust Fund for 117
the Extension of Primary Wastewater Systems," "Police Impact Fee Account," "Fire 118
Impact Fee Account," “Library Impact Fee Account, and "Parks and Recreation Impact 119
Fee Account." Each capital fund account for impact fees shall continue to be maintained 120
separate and apart from all other accounts of the city. The monies deposited into the 121
impact fee capital fund accounts shall be used solely for the purposes allowed by Florida 122
Statutes and as set forth in this chapter. 123
(b) Funds on deposit in impact fee accounts established within this article 124
shall not be used for any expenditure that would be classified as an operational 125
expense, a maintenance expense or a repair expense. 126
(c) Any funds on deposit in an impact fee account not immediately 127
necessary for expenditure shall be invested in interest-bearing accounts. Applicants 128
shall not receive a credit for or be entitled to interest from the investment of such 129
funds, except as otherwise required in this chapter. 130
(d) An applicant may request an estimate of impact fees which may be 131
imposed by filing a written request to the city. Any estimate which the city provides is 132
non-binding and may be subject to change when the impact fees become due and 133
payable pursuant to this chapter. Non-binding estimates are for the sole benefit of the 134
prospective applicant and neither bind the city, nor preclude it from making 135
amendments or revisions to any provisions of this chapter. No vested rights, legal 136
99
Section 7, Item b.
Page 7 of 26
entitlements, or equitable estoppel accrue by reason of a non-binding estimate. A 137
non-binding fee estimate does not constitute a final decision and may not be appealed 138
pursuant to this chapter. 139
(e) Any person who disagrees with a decision or interpretation of this 140
chapter may appeal to the city manager or designee by filing a written notice of 141
appeal within ten (10) days after the date of the action or decision complained of. The 142
written notice of appeal shall set forth concisely the action or decision appealed as 143
well as the grounds upon which the appeal is based. The city manager or designee 144
shall consider all facts material to the appeal and render a written decision within 145
thirty (30) days of receiving the appeal. Any person who disagrees with the decision of 146
the city manager or designee may appeal to the city commission by filing a written 147
notice of appeal with the city manager's office setting forth concisely the decision 148
appealed within ten (10) days after the date of the city manager's decision. The appeal 149
shall be set for the next available city commission meeting for consideration. The city 150
commission's written decision shall constitute final administrative review 151
(f) Failure to pay an impact fee when determined by the city that an 152
obligation is required to satisfy the impact of development may result in the amount 153
due becoming a lien against the property. The city shall provide a written notice of the 154
impact fee due by personal service, certified, return receipt requested United States 155
Mail or Federal Express or other equivalent overnight letter delivery company. Upon 156
failure to pay the impact fee within thirty (30) days of the date of the notice, a notice 157
of lien may be served upon the applicant owing impact fees and recorded in official 158
100
Section 7, Item b.
Page 8 of 26
records of Flagler County, Florida. Such lien may be foreclosed in the manner 159
provided by law, and there shall be added to the amount of such lien all costs incident 160
to such proceedings including reasonable attorney's fees 161
(g) If impact fees have not been expended or encumbered by the end of 162
the calendar quarter immediately following ten (10) years from the date the fees were 163
paid, upon application of the fee payer of proof of payment, or proof of the date the 164
development permit was approved by the city and that development was never 165
begun, the fees shall be returned with interest at the rate determined by the city 166
based upon the average interest earning rate incurred by the city in accordance with 167
the following procedure: 168
(1) The present owner must petition the city Commission for the 169
refund within one (1) year following the end of the calendar quarter 170
immediately following ten (10) years from the date on which the fee was 171
received. 172
(2) The petition must be submitted to the city manager and must 173
contain: 174
(i) A notarized sworn statement that the petitioner is the 175
current owner of the property; 176
(ii) A copy of the dated receipt issued for payment of the fee 177
or other document evidencing the date the development was approved 178
by the city, which development was never begun; 179
(iii) A certified copy of the latest recorded deed; and 180
101
Section 7, Item b.
Page 9 of 26
(iv) A copy of the most recent ad valorem tax bill. 181
If reimbursement is approved, the city shall remit to the petitioner within sixty (60) 182
days of approval. In determining whether a petitioner is entitled to a refund, it shall be 183
assumed that impact fees are expended or encumbered in the same order in which 184
they were received (that is, "first in, first out"). No refund shall be made of any 185
administrative fee authorized and collected pursuant to this chapter. 186
(h) Any change in the use of property shall require payment of an impact 187
fee in an amount equal to any increase in density or intensity. 188
(i) All impact fee revenues expended from an impact fee fund shall be used 189
for the purpose of providing growth necessitated capital improvements and acquiring, 190
designing, constructing, extending, expanding, relocating, and/or separating capital 191
facilities and infrastructure determined by the city commission to be necessary to 192
serve new development. 193
(j) The City shall be exempt from impact fee charges. 194
ARTICLE IV. POTABLE WATER IMPACT FEE 195
(a) Any applicant who seeks to develop land or make improvements to real 196
property shall pay the following potable water impact fees in the manner and amount 197
established and computed pursuant to this article. 198
(b) Subject to the phase-in of fees pursuant to Section 163.31801, Florida 199
Statutes, as set forth in paragraph (c) below, impact fees charged and collected for 200
potable water shall be as follows: 201
102
Section 7, Item b.
Page 10 of 26
Meter Size and
Type
Capacity Ratio Total Impact
Fee to be
Collected after
Phase-In1
Existing
Impact Fee
at Time of
Adoption2
Increase Over
Existing
0.75 Displacement 1.00 $3,007 $2,509 $498
1.00 Displacement 1.67 $5,022 $4,190 $832
1.50 Displacement 3.33 $10,015 $8,356 $1,659
2.00 Displacement 5.33 $16,029 $13,374 $2,655
3.00 Singlejet 10.67 $32,089 $26,773 $5,316
3.00 Compound 10.67 $32,089 $26,773 $5,316
3.00 Turbine 11.67 $35,096 $29,282 $5,814
4.00 Singlejet 16.67 $50,133 $41,828 $8,305
4.00 Compound 16.67 $50,133 $41,828 $8,305
4.00 Turbine 21.00 $63,155 $52,693 $10,462
6.00 Singlejet 33.33 $100,236 $83,631 $16,604
6.00 Compound 33.33 $100,236 $83,631 $16,604
6.00 Turbine 43.33 $130,310 $108,723 $21,586
8.00 Compound 53.33 $160,383 $62,396 $31,198
8.00 Turbine 93.33 $163,794 $133,815 $26,568
10.00 Turbine 140.00 $421,032 $351,287 $69,746
1 AWWA Manual of Water Supply Practices M-1, 7th Ed. 2 Base meter fee is the current water fee and then is scaled up using the proposed meter capacity ratio
103
Section 7, Item b.
Page 11 of 26
12.00 Turbine 176.67 $531,313 $443,299 $88,014
202
(c) Implementation of the increased fees provided herein shall be phased in 203
over two equal installments. During the twelve month period beginning August 1, 2024, 204
the impact fee to be collected shall be the Existing Impact Fee at Time of Adoption amount 205
plus one-half (1/2) of the Increase Over Existing amount. During the twelve month period 206
beginning August 1, 2025, the impact fee to be collected shall be the Total Impact Fee to 207
be Collected after Phase-In. 208
ARTICLE V. WASTEWATER IMPACT FEE 209
(a) Any applicant who seeks to develop land or make improvements to real 210
property shall pay the following wastewater impact fees in the manner and amount 211
established and computed pursuant to this article. 212
(b) Subject to the phase-in of fees pursuant to Section 163.31801, Florida 213
Statutes, as set forth in paragraph (c) below, impact fees charged and collected for 214
wastewater shall be as follows: 215
216
Meter Size and
Type
Capacity Ratio Total Impact
Fee to be
Collected after
Phase-In3
Existing
Impact Fee
at Time of
Adoption4
Increase Over
Existing
3 AWWA Manual of Water Supply Practices M-1, 7th Ed. 4 Base meter fee is the current sewer fee and then is scaled up using the proposed meter capacity ratio
104
Section 7, Item b.
Page 12 of 26
0.75 Displacement 1.00 $3,806 $3,083 $723
1.00 Displacement 1.67 $6,356 $5,148 $1,208
1.50 Displacement 3.33 $12,673 $10,265 $2,408
2.00 Displacement 5.33 $20,284 $16,430 $3,855
3.00 Singlejet 10.67 $40,607 $32,890 $7,717
3.00 Compound 10.67 $40,607 $32,890 $7,717
3.00 Turbine 11.67 $44,412 $35,973 $8,440
4.00 Singlejet 16.67 $63,441 $51,385 $12,056
4.00 Compound 16.67 $63,441 $51,385 $12,056
4.00 Turbine 21.00 $79,920 $64,733 $15,187
6.00 Singlejet 33.33 $126,844 $102,740 $24,104
6.00 Compound 33.33 $126,844 $102,740 $24,104
6.00 Turbine 43.33 $164,901 $133,565 $31,336
8.00 Compound 53.33 $202,958 $202,958 $38,568
8.00 Turbine 93.33 $355,186 $287,690 $67,496
10.00 Turbine 140.00 $532,798 $431,550 $101,248
12.00 Turbine 176.67 $672,353 $544,585 $127,767
217
(c) Implementation of the increased fees provided herein shall be phased in 218
over four equal installments. During the twelve month period beginning August 1, 2024, 219
the impact fee to be collected shall be the Existing Impact Fee at Time of Adoption amount 220
plus one-half (1/2) of the Increase Over Existing amount. During the twelve month period 221
105
Section 7, Item b.
Page 13 of 26
beginning August 1, 2025, the impact fee to be collected shall be the Total Impact Fee to 222
be Collected after Phase-In. 223
ARTICLE VI. POLICE IMPACT FEE 224
(a) Any applicant who seeks to develop land or make improvements to real 225
property shall pay the following police impact fees in the manner and amount established 226
and computed pursuant to this article. 227
(b) Beginning August 1, 2024, the police impact fee to be charged and 228
collected shall be as follows: 229
Residential Fee per Unit
Square Footage Impact Fee to be
Collected
1,100 or less $455
1,101 to 1,500 $717
1,501 to 2,000 $905
2,001 to 2,500 $1,054
2,501 to 3,000 $1,176
3,001 to 3,500 $1,281
3,501 or more $1,373
230
Nonresidential Fee per 1,000 Square Feet
Development Type Impact Fee to be Collected
106
Section 7, Item b.
Page 14 of 26
Industrial $381
Commercial $1,911
Office & Other Services $848
Institutional $1,166
231
ARTICLE VII. FIRE IMPACT FEE 232
(a) Any applicant who seeks to develop land or make improvements to real 233
property shall pay the following fire impact fees in the manner and amount established 234
and computed pursuant to this article. 235
(b) Beginning August 1, 2024, the fire impact fee to be charged and collected 236
shall be as follows: 237
Residential Fee per Unit
Square Footage Impact Fee to be
Collected
1,100 or less $538
1,101 to 1,500 $849
1,501 to 2,000 $1,071
2,001 to 2,500 $1,247
2,501 to 3,000 $1,392
3,001 to 3,500 $1,516
3,501 or more $1,625
238
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Section 7, Item b.
Page 15 of 26
Nonresidential Fee per 1,000 Square Feet
Development Type Impact Fee to be Collected
Industrial $451
Commercial $2.261
Office & Other Services $1,003
Institutional $1,380
239
ARTICLE VIII. LIBRARY IMPACT FEE 240
(a) Any applicant who seeks to develop land or make improvements to real 241
property for residential development shall pay the following library impact fees in the 242
manner and amount established and computed pursuant to this article. 243
(b) Beginning August 1, 2024, the library impact fee to be charged and 244
collected shall be as follows: 245
Residential Fee per Unit
Square Footage Impact Fee to be
Collected
1,100 or less $123
1,101 to 1,500 $193
1,501 to 2,000 $244
2,001 to 2,500 $284
2,501 to 3,000 $317
108
Section 7, Item b.
Page 16 of 26
3,001 to 3,500 $345
3,501 or more $370
246
ARTICLE IX. PARKS AND RECREATION IMPACT FEE 247
(a) Any applicant who seeks to develop land or make improvements to real 248
property for residential development shall pay the following parks and recreation impact 249
fees in the manner and amount established and computed pursuant to this article. 250
(b) Beginning August 1, 2024, the parks and recreation impact fee to be 251
charged and collected shall be as follows: 252
Residential Fee per Unit
Square Footage Impact Fee to be
Collected
1,100 or less $539
1,101 to 1,500 $850
1,501 to 2,000 $1,073
2,001 to 2,500 $1,250
2,501 to 3,000 $1,395
3,001 to 3,500 $1,519
3,501 or more $1,628
253
ARTICLE X. ADMINISTRATIVE FEE 254
109
Section 7, Item b.
Page 17 of 26
Beginning August 1, 2024, the administrative fee charged and collected for new 255
development shall be as follows: 256
Residential Fee per Unit
Square Footage Administrative Charge
1,100 or less $3
1,101 to 1,500 $5
1,501 to 2,000 $6
2,001 to 2,500 $7
2,501 to 3,000 $8
3,001 to 3,500 $8
3,501 or more $9
257
Nonresidential Fee per 1,000 Square Feet
Development Type Administrative Charge
Industrial $4
Commercial $6
Office & Other Services $9
Institutional $8
258
SECTION 3. Appendix “A,” “Land Development Regulations” of the City of Flagler Beach, Code 259
of Ordinances is amended by deleting existing Sections 5.03.87 through 5.03.93 which is being 260
replaced by portions of the new language in Section 2, above. 261
110
Section 7, Item b.
Page 18 of 26
Sec. 5.03.87. Impact Fee. 262
Sec. 5.03.88. Definitions. 263
The following words, terms and phrases, when used in this article, shall have the 264
meanings ascribed to them in this section, except where the context clearly indicates a 265
different meaning: 266
Combination accounts. Accounts that contain both residential and commercial facilities 267
served through a common meter may be treated as nonresidential. 268
Equivalent living unit. The following is a definition of equivalent living unit (E.L.U.) 269
(1) Residential—Single-family. Each single-family residence served by the city through 270
a single sewer service and/or water meter shall be one (1) equivalent living unit. 271
(2) Residential—Rooms, combinations of rooms, etc. Each residential room, 272
combination of rooms, apartment, or prepared mobile home space, that includes 273
connection points for sewer and/or water service that is owner-occupied, offered 274
separately for rent as a rental unit, or vacant, shall be one (1) equivalent living unit. 275
(3) Nonresidential, commercial and industrial. For nonresidential uses not specifically 276
defined elsewhere in this article, the number of equivalent living units shall be computed 277
by the building official using the fixture unit count as defined in the following table: 278
Fixture Units E.L.U. Fixture Units E.L.U.
1— 15 1 241— 340 8
16— 30 2 341— 480 9
31— 60 3 481— 620 10
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Section 7, Item b.
Page 19 of 26
61— 80 4 621— 800 11
81—100 5 801—1000 12
101—160 6 1001—1300 13
161—240 7 1301—1650 14
279
For each additional increment of seven hundred fifty (750) fixture units, add one (1) E.L.U. 280
Expansion of an existing connection. If a building permit is issued for an existing 281
connection which will increase water or sewer demand, or if a building changes from 282
residential to nonresidential occupancy, the total number of E.L.U.'s for the old and new 283
parts of the facility shall be computed as outlined in the definition of "equivalent living 284
unit." The number of new E.L.U.'s shall be determined by subtracting the old E.L.U.'s from 285
the total number of E.L.U.'s in the entire facility. The impact fee will be assessed on the 286
number of new E.L.U.'s. As an example, if an existing building contained one hundred fifty 287
(150) fixture units and it was expanded to three hundred (300) fixture units, the impact 288
fee would equal (8 E.L.U.'s—6 E.L.U.'s) or 2 E.L.U.'s. 289
Sanitary sewer facilities. A sanitary sewer system includes two (2) broad categories or 290
subsystems, which are: 291
(1) Primary systems: 292
a. Plant facilities: 293
i. Treatment plants; 294
ii. Effluent disposal facilities. 295
b. Transmission facilities: 296
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i. Master pump stations; 297
ii. Force mains; 298
iii. Interceptors. 299
(2) Secondary or local collection systems: 300
a. House laterals; 301
b. Eight-inch or smaller collector sewers; 302
c. Lift stations; 303
d. Low pressure sewer mains; 304
e. Eight-inch or smaller force mains. 305
Water facilities. A water facility system includes two (2) broad categories or subsystems, 306
which are: 307
(1) Primary systems: 308
a. Plant facilities: 309
i. Wells and well pumps; 310
ii. Raw water mains; 311
iii. Treatment plans; 312
b. Transmission facilities: 313
i. High service pumps; 314
ii. Storage and re-pumping; 315
iii. Transmission mains. 316
Cross reference(s)—General definitions, § 1-2. 317
Sec. 5.03.89. Purpose. 318
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(a) This article is to establish procedures to facilitate the orderly expansion of the 319
city's water supply system and wastewater treatment system. 320
(b) In order to fund primary capital improvements, several combined methods of 321
financing will be necessary, one (1) of which is an impact fee defined as "a new building's 322
contribution toward its equitable share of the cost of capital improvements required to 323
serve new users." 324
(c) All secondary facilities shall be provided by the customer or developer in 325
accordance with the Uniform Extension Policy to facilitate the orderly expansion of this 326
portion of the water and sewer systems. 327
Sec. 5.03.90. Reserved. 328
Sec. 5.03.91. Fee schedule. 329
(a) There is hereby imposed an impact fee based on the city commission's 330
determination of the equitable portion of the system upon the equivalent living unit 331
responsible for the need for additional system financing. 332
(b) The fee for each equivalent living unit connected to the system shall be as follows: 333
(1) Water impact fee for primary systems: 334
Plant facilities $ 320.00
Transmission facilities 850.00
Total 1,170.00
335
(2) Sewer impact fee for primary systems: 336
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Section 7, Item b.
Page 22 of 26
Plant facilities $ 725.00
Transmission facilities 515.00
Total 1,240.00
337
(c) Each additional equivalent living unit occasioned by changes in property usage 338
subsequent to the effective date of this section shall be subject to an additional impact 339
fee computed in accordance with the foregoing criteria. 340
(d) There shall be an annual adjustment of rates as set forth in Ordinance No. 2000-341
08 [2000-28], such adjustment shall be calculated by using the annual indexing factor 342
based on the Engineering News Record (ENR) Construction Cost Index. The resulting fee 343
will become effective each October 1, starting October 1, 2002, and will be valid for the 344
new fiscal year. 345
Sec. 5.03.92. Imposing fee; when payable; penalty for nonpayment 346
(a) The fee in Section 5.03.91 shall be imposed on every equivalent living unit 347
connected to the water or sewer system whether those units are new or existing as 348
follows: 349
(1) On every new connection or addition to the water or sewer system where the 350
building permit was issued on October 5, 1979, and subsequent thereto; 351
(2) On every equivalent living unit connecting to the water or sewer system as it 352
existed on October 5, 1979 (excepting there from any equivalent living unit for which a 353
building permit was issued prior to October 5, 1979); 354
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Section 7, Item b.
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(3) On every equivalent living unit connecting to the water or sewer system and not 355
having obtained final building inspection as of September 25, 1980. 356
(b) The fee in Section 5.03.91 shall be imposed on every equivalent living unit 357
constructed or connected in areas served by the existing sewer or water system as well 358
as in those areas that will be on an extension of the local collection and distribution 359
system as well as those areas where the local facilities have been installed by the 360
developer. 361
(c) Except as otherwise provided in this article, impact fees shall be due and payable 362
as follows: 363
(1) In full, upon application for the building permit; 364
(2) If building permit has already been issued, the fees shall be paid within six (6) 365
months from the date the permit was issued or upon request for final inspection by the 366
building official, whichever occurs sooner; 367
(3) Regardless of method or time of payment, no final inspection shall be made or 368
approved, nor shall a certificate of occupancy be issued until all such fees are paid in full; 369
(4) All deferred impact fee payments and all delinquent impact fees shall bear interest 370
at the rate of four point seven five (4.75) percent per annum, compounded monthly from 371
the effective date of this section or from the date due, whichever occurs later. 372
(d) For those equivalent residential units that: 373
(1) Obtained a building permit on October 5, 1979 and thereafter, and have obtained 374
a final building inspection as of October 23, 1980; 375
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Section 7, Item b.
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(2) Are existing structures in areas that will be on future extensions of the local 376
collection and distribution system, a deferred payment plan, known as monthly payback, 377
is hereby established as follows: 378
a. For each water and sewer connection, the city shall receive thirty-five dollars and 379
seventy-nine cents ($35.79) per month. This is in addition to all other rates and fees. This 380
fee shall be paid every month until the balance of the fee has been paid. In addition, all 381
"monthly payback" accounts open on each May 1, commencing May 1, 1981, shall be 382
assessed a service fee of twenty-five dollars ($25.00) in order to defray the administrative 383
expense of the monthly payback system. The owner of the E.L.U. can pay the remaining 384
amount due on the account at any time during the payback period; 385
b. For each water connection, the city shall receive seventeen dollars and seventy-386
six cents ($17.76) per month. This is in addition to all other rates and fees. This fee shall 387
be paid every month until the balance of the fee has been paid. In addition, all "monthly 388
payback" accounts open on each May 1, commencing May 1, 1981, shall be assessed a 389
service fee of twenty-five dollars ($25.00) in order to defray the administrative expense 390
of the monthly payback system. The owner of the E.L.U. can pay during the payback 391
period; 392
c. For each sewer connection, the city shall receive eighteen dollars and three cents 393
($18.03) per month. This is in addition to all other rates and fees. This fee shall be paid 394
every month until the balance of the fee has been paid. In addition, all "monthly payback" 395
accounts open on each May 1, commencing May 1, 1981, shall be assessed a service fee 396
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Section 7, Item b.
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of twenty-five dollars ($25.00) in order to defray the administrative expense of the 397
monthly payback system. The owner of the E.L.U. can pay during the payback period; 398
d. The monthly payback and service fee will be added to the monthly water and 399
sewer bill for the unit and will be the owner's responsibility to ensure payment whether 400
or not the unit is owner- or tenant-occupied. 401
(e) Nonpayment of the impact fee including the monthly pay-back where applicable 402
shall be grounds for discontinuing service. 403
(f) The impact fee is comprised of two (2) separate fees, i.e., water and sewer. In 404
areas where only one (1) of these services is available, the applicable fee for the other 405
service or for both services if neither was available at the time of construction will be 406
imposed when service is made available. 407
Sec. 5.03.93. Liens. 408
All charges due under this article shall be the obligation of the record owner of the 409
equivalent residential unit, irrespective of actual occupancy, and shall constitute a lien 410
against the property until paid. Notice of such lien need not be recorded in the official 411
records of the county in order to be effective, but the city may cause such a notice to 412
be recorded. If such charges are not promptly paid when due, such lien may be 413
foreclosed in the manner provided by law, and there shall be added to the amount of 414
such lien all costs incident to such proceedings including reasonable attorney's fees. 415
SECTION 4. The City Clerk is directed to post notice on the City’s website informing interested 416
parties of this ordinance and the new and increased impact fees contemplated herein. 417
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Section 7, Item b.
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SECTION 5. Codification. It is the intent of the City Commission of the City of Flagler Beach that 418
the provisions of Section 2 of this Ordinance shall be codified. The codifier is granted broad and 419
liberal authority in renumbering and codifying the provisions of Section 2 of this Ordinance; 420
article and section numbers assigned throughout are suggested by the City. 421
SECTION 6. Severability. If any section, sentence, phrase, word or portion of this Ordinance is 422
determined to be invalid, unlawful or unconstitutional, said determination shall not be held to 423
invalidate or impair the validity, force or effect of any other section, sentence, phrase, word or 424
portion of this Ordinance not otherwise determined to be invalid, unlawful or unconstitutional. 425
SECTION 7. Conflicts. In any case where a provision of this Ordinance is found to be in conflict 426
with a provision of any other existing ordinance of this City, the provision which establishes the 427
higher standards for the promotion and protection of the health and safety of the people shall 428
prevail. 429
SECTION 8. Effective Date. This Ordinance shall become effective on October 1, 2024, which 430
date is more than ninety (90) days from the date of adoption of this Ordinance, pursuant to the 431
requirements of §163.31801, Florida Statutes. 432
433
PASSED AND ADOPTED this ____ day of _______________, 2024, by the City Commission of the 434
City of Flagler Beach, Florida. 435
436
437
438
Patti King, Mayor 439
440
441
ATTEST: 442
443
By:____________________________ 444
Penny Overstreet, City Clerk 445
119
Section 7, Item b.
Exhibit A Ordinance 2024-04 Impact Fee Study
Prepared for: Flagler Beach, Florida
February 8, 2024
FISCAL I ECONOMIC I PLANNING
4701 Sangamore Road Suite 5240
Bethesda, MD 20816
301.320.6900 www.TischlerBise.com
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[PAGE INTENTIONALLY LEFT BLANK]
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Section 7, Item b.
TABLE OF CONTENTS
DRAFT Impact Fee Study Flagler Beach, Florida
EXECUTIVE SUMMARY ................................................................................................................................. 1 Florida Impact Fee Enabling Legislation ................................................................................................................. 1 Conceptual Development Fee Calculation .............................................................................................................. 2 General Methodologies .................................................................................................................................................... 3 Evaluation of Credits ................................................................................................................................................ 4 Impact Fee Components ................................................................................................................................................. 4 Maximum Supportable Impact Fees .......................................................................................................................... 5
POLICE IMPACT FEES .................................................................................................................................. 6 Methodology ........................................................................................................................................................................ 6 Service Area .......................................................................................................................................................................... 6 Proportionate Share ......................................................................................................................................................... 7 Demand Units ...................................................................................................................................................................... 7 Level-of-Service Analysis ............................................................................................................................................... 8 Police Facilities -Incremental Expansion ...................................................................................................... 8 Police Vehicles -Incremental Expansion ..................................................................................................... 10 Projected Demand for Police lnfrastructure ....................................................................................................... 11 Police Facilities -Incremental Expansion ................................................................................................... 11 Police Vehicles -Incremental Expansion ..................................................................................................... 12 Credits .................................................................................................................................................................................. 13 Police Impact Fees .......................................................................................................................................................... 13 Police Impact Fee Revenue ......................................................................................................................................... 14
FIRE IMPACT FEES ................................................................................................................................... 15 Methodology ..................................................................................................................................................................... 15 Service Area ....................................................................................................................................................................... 15 Proportionate Share ...................................................................................................................................................... 16 Demand Units ................................................................................................................................................................... 16 Level-of-Service Analysis ............................................................................................................................................ 17 Fire Facilities -Incremental Expansion ........................................................................................................ 17 Fire Apparatus -Incremental Expansion ..................................................................................................... 19 Projected Demand for Fire Infrastructure ........................................................................................................... 20 Fire Facilities -Incremental Expansion ........................................................................................................ 20 Fire Apparatus -Incremental Expansion ..................................................................................................... 21 Credits .................................................................................................................................................................................. 22 Fire Impact Fees .............................................................................................................................................................. 22 Fire Impact Fee Revenue ............................................................................................................................................. 23
PARK AND RECREATION IMPACT FEES .................................................................................................... 24 Methodology ..................................................................................................................................................................... 24 Service Area ....................................................................................................................................................................... 24 Proportionate Share ...................................................................................................................................................... 24 Demand Units ................................................................................................................................................................... 25 Level-of-Service Analysis ............................................................................................................................................ 26 Park Amenities -Incremental Expansion .................................................................................................... 26 Projected Demand for Park and Recreation Infrastructure ......................................................................... 27 Park Amenities -Incremental Expansion .................................................................................................... 27 Credits .................................................................................................................................................................................. 28
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DRAFT Impact Fee Study Flagler Beach, Florida Park and Recreation Impact Fees ............................................................................................................................ 28 Park and Recreation Impact Fee Revenue ........................................................................................................... 29
LIBRARY IMPACT FEES ............................................................................................................................. 30 Methodology ..................................................................................................................................................................... 30 Service Area ....................................................................................................................................................................... 30 Proportionate Share ...................................................................................................................................................... 30 Demand Units ................................................................................................................................................................... 31 Level-of-Service Analysis ............................................................................................................................................ 32 Library Facilities -Incremental Expansion ................................................................................................ 32 Projected Demand for Library Infrastructure .................................................................................................... 33 Library Facilities -Incremental Expansion ................................................................................................ 33 Credits .................................................................................................................................................................................. 34 Library Impact Fees ....................................................................................................................................................... 34 Library Impact Fee Revenue ...................................................................................................................................... 35
WATER IMPACT FEES ............................................................................................................................... 36 Methodology ..................................................................................................................................................................... 36 Proportionate Share and Demand Units ............................................................................................................... 36 Water Impact Fee Components ................................................................................................................................ 38 Treatment Plant Investment Buy-In .............................................................................................................. 38 Planned Well Upgrades ........................................................................................................................................ 39 Planned Water Storage Upgrades .................................................................................................................... 39 Planned Water Transmission Upgrades ....................................................................................................... 39 Maximum Allowable Water Impact fees ............................................................................................................... 40
WASTEWATER IMPACT FEES .................................................................................................................... 41 Methodology ..................................................................................................................................................................... 41 Proportionate Share and Demand Units ............................................................................................................... 41 Wastewater Impact Fee Components .................................................................................................................... 43 Planned Wastewater System Upgrades ........................................................................................................ 43 Maximum Allowable Wastewater Impact fees ................................................................................................... 44
ADMINISTRATIVE CHARGE •..•••••.••••••••••.••••••.•..•.•.••..•..•..•.•......•.••.•...•....•........•..••.....••...•..•.....•..•....•.......... 45
APPENDIX A: LAND USE DEFINITIONS .................................................................................................... 46 Residential Development ............................................................................................................................................ 46 Non residential Development ..................................................................................................................................... 4 7
APPENDIX B: LAND USE ASSUMPTIONS .................................................................................................. 48 Summary of Growth Indicators ................................................................................................................................ 49 Residential Development ............................................................................................................................................ 50 Housing Unit Size .................................................................................................................................................... SO Persons by Bedroom Range ............................................................................................................................... 50 Persons by Square Feet of Living Area .......................................................................................................... 51 Seasonal Households ............................................................................................................................................. 53 Residential Estimates ........................................................................................................................................... 53 Residential Projections ........................................................................................................................................ 54 Nonresidential Development ..................................................................................................................................... 55 Nonresidential Demand Units ........................................................................................................................... 55 Nonresidential Estimates .................................................................................................................................... 55 Nonresidential Projections ................................................................................................................................. 57 Average Weekday Vehicle Trips ............................................................................................................................... 57
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DRAFT Impact Fee Study Flagler Beach, Florida Nonresidential Demand Units ........................................................................................................................... 57 Trip Rate Adjustments ......................................................................................................................................... 58 Adjustment for Pass-By Trips ........................................................................................................................... 58 Average Weekday Vehicle Trips ...................................................................................................................... 58 Development Projections ............................................................................................................................................ 60
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EXECUTIVE SUMMJ\HY
DRAFT Impact Fee Study Flagler Beach, Florida
Flagler Beach, Florida, contracted with TischlerBise to update its impact fees pursuant to Florida Statutes
§163.31801. Cities in Florida may assess impact fees to offset infrastructure costs necessitated by future
growth. Impact fees are one-time payments used to construct system improvements needed to
accommodate future development. The fee represents future development's proportionate share of
infrastructure costs. Impact fees may be used for infrastructure improvements or debt service for growth-
related infrastructure. In contrast to general taxes, impact fees may not be used for operations,
maintenance, replacement, or correcting existing deficiencies.
FLORIDA IMPACT FEE ENABLING LEGISLATION
The authority for Florida counties to adopt and collect impact fees to offset the demands future
development creates for new infrastructure is well established. St. Johns County v. Northeast Florida
Builders Association (583 So. 2d 635, 638 Fla. 1991) states, "The use of impact fees has become an
accepted method of paying for public improvements that must be constructed to serve new growth."1
State statutes specifically "encourage the use of innovative land development regulations which include
provisions such as [ ... ] impact fees," and Florida courts have upheld local government's authority to adopt
fees under general home rule and police power theories.2
In 2006, the Florida legislature passed the "Florida Impact Fee Act," which recognized impact fees as "an
outgrowth of the home rule power of a local government to provide certain services within its
jurisdiction." § 163.31801(2), Fla. Stat. The statute -concerned mostly with procedural and
methodological limitations -did not expressly allow or disallow any particular public facility type from
being funded with impact fees. The Act did specify procedural and methodological prerequisites, most of
which were common to the practice already. Subsequent amendments to the Act, in 2009, removed prior
notice requirements for impact fee reductions (but not increases) and purported to elevate the standard
of judicial review. Under Florida law, impact fees must comply with the "dual rational nexus" test, which
requires "a reasonable connection, or rational nexus, between the need for additional capital facilities
and the growth in service units generated by new development. In addition, the government must show
a reasonable connection, or rational nexus, between the expenditures of the funds collected and the
benefits accruing to the subdivision," St. Johns County, 583 So.2d at 637 (quoting Hollywood, Inc. 431 So.
2d at 611-12). Impact fee calculation studies, generally speaking, establish the pro rata, or proportionate,
"need" for new infrastructure and implementing ordinances to ensure that new growth paying the fees
receive a pro rata "benefit" from their expenditure.
In the most recent amendments to the Florida Impact Fee Act, House Bill 750 (2021) specified that impact
fees can only be used for fixed capital expenditures, revised requirements for crediting contributions
against the collection of impact fees, and restricted impact fee increases. Among the increase restrictions,
an adopted increase of 25 percent or less must be phased over two years; increases between 25-50
percent must be phased over four years; no increase can exceed 50 percent; and impact fees cannot be
1 Citing Home Builders & Contractors Association v. Palm Beach City., 446 So.2d 140 (Fla. 4th DCA 1984); Hollywood, Inc. v. Broward County, 431 So.2d 606 (Fla. 4th DCA 1983). 2 See §163.3202(3), Fla. Stat.; see also Horne Builders & Contractors Association, 446 So.2d 140.
FlSCAL I ECONOMIC I PLANNING
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DRAFT Impact Fee Study Flagler Beach, Florida
increased more than once every four years. The restrictions can be bypassed if the jurisdiction complies
with the impact fee rational nexus test; can demonstrate extraordinary circumstances; and the jurisdiction
hold two publicly noticed workshops the need to exceed the limitations; and the increase is approved by
no less than two-thirds vote of the governing body.
Flagler Beach is updating its impact fees related to police, fire, park and recreation, libraries, water, and
wastewater in order to fund capital facilities needed to meet the demand created by future development.
The need for these services, and the infrastructure necessary to provide them, is driven by development;
therefore, as vacant lands within Flagler Beach develop, or as existing uses expand, the demand imposed
upon Flagler Beach for additional capital facilities increases proportionately.
The need for additional capacity for future development is further shown through an established level-of-
service standard and Flagler Beach's existing capital improvement plan. Hollywood, Inc., 431 So.2d at 611
(holding that a plan for providing facilities at a reasonable level of service demonstrates "a reasonable
connection between the need for additional park facilities and the growth in population"). Capital facilities
necessary to provide this infrastructure have been provided by Flagler Beach to date; however, Flagler
Beach will need to provide new residents and visitors with the same levels of service. The expenditures
required to maintain existing levels of service are not necessitated by existing development, but rather by
future development.
Furthermore, through the implementation of Flagler Beach's capital improvement plans, future
development paying impact fees will receive a pro rata benefit from new facilities built with those fees.
In addition, Flagler Beach's impact fee ordinance, including any amendments necessary to implement the
fees recommended in this study, earmarks impact fees solely for capital facilities necessary to
accommodate future development.
Finally, there are several steps Flagler Beach will take to ensure ongoing compliance with applicable
Florida laws related to impact fees. First, it will continue to update and implement plans for expending
impact fee revenues on the types of facilities TischlerBise has used to develop the fees in this study. In
Florida, this is typically satisfied thro·ugh the Capital Improvement Plan (CIP) and Capital Improvements
Element (CIE) framework. Also, Flagler Beach will update its existing impact fee ordinance to ensure
compliance with the approach used here and any developments in statutory and case law since Flagler
Beach's fees were last updated. This update will address, among other things, earmarking of impact fee
revenues, limitations on the use of revenues, revisions related to developer credits, and ongoing
compliance with other city and state law requirements.
CONCEPTUAL DEVELOPMENT FEE CALCULATION -----------------· -·-·· ------------.. ---- -,----··· ----
In contrast to project-level improvements, impact fees fund growth-related infrastructure that will benefit
multiple development projects, or the entire service area (usually referred to as system improvements).
The first step is to determine an appropriate demand indicator for the particular type of infrastructure.
The demand indicator measures the number of service units for each unit of development. For example,
an appropriate indicator of the demand for parks is population growth and the increase in population can
be estimated from the average number of persons per housing unit. The second step in the impact fee
formula is to determine infrastructure improvement units per service unit, typically called level-of-service 2 T1schlerB1se
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(LOS) standards. In keeping with the park example, a common LOS standard is improved park acres per
person. The third step in the impact fee formula is the cost of various infrastructure units. To complete
the park example, this part of the formula would establish a cost per acre for land acquisition and/or park
improvements.
GENERAL METHODOLOGIES ----------••·--------------------·--------------·-· ---·-··-· --·-· ·---··· ----
Impact fees for the capital improvements made necessary by new development must be based on the
same level of service provided to existing development in the service area. There are three basic
methodologies used to calculate impact fees that examine the past, present, and future status of
infrastructure. The objective of evaluating these different methodologies is to determine the best
measure of the demand created by new development for additional infrastructure capacity. Each
methodology has advantages and disadvantages in a particular situation and can be used simultaneously
for different capital improvements.
Reduced to its simplest terms, the process of calculating impact fees involves two main steps: (1)
determining the cost of development-related capital improvements and (2) allocating those costs
equitably to various types of development. In practice, though, the calculation of impact fees can become
quite complicated because of the many variables involved in defining the relationship between
development and the need for facilities within the designated service area. The following paragraphs
discuss basic methodologies for calculating impact fees and how those methodologies can be applied.
•Cost Recovery (past improvements) -The rationale for recoupment, often called cost recovery, is
that new development is paying for its share of the useful life and remaining capacity of facilities
already built, or land already purchased, from which new development will benefit. This
methodology is often used for utility systems that must provide adequate capacity before new
development can take place.
•Incremental Expansion (concurrent improvements) -The incremental expansion methodology
documents current LOS standards for each type of public facility, using both quantitative and
qualitative measures. This approach assumes there are no existing infrastructure deficiencies or
surplus capacity in infrastructure. New development is only paying its proportionate share for
growth-related infrastructure. Revenue will be used to expand or provide additional facilities, as
needed, to accommodate new development. An incremental expansion methodology is best
suited for public facilities that will be expanded in regular increments to keep pace with
development.
•Plan-Based (future improvements) -The plan-based methodology allocates costs for a specified
set of improvements to a specified amount of development. Improvements are typically identified
in a long-range facility plan and development potential is identified by a land use plan. There are
two basic options for determining the cost per demand unit: (1) total cost of a public facility can
be divided by total demand units (average cost), or (2) the growth-share of the public facility cost
can be divided by the net increase in demand units over the planning timeframe (marginal cost).
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Evaluation of Credits
Regardless of the methodology, a consideration of credits is integral to the development of a legally
defensible impact fee. There are two types of credits that should be addressed in impact fee studies and
ordinances. The first is a revenue credit due to possible double payment situations, which could occur
when other revenues may contribute to the capital costs of infrastructure covered by the impact fee. This
type of credit is integrated into the fee calculation, thus reducing the fee amount. The second is a site-
specific credit or developer reimbursement for dedication of land or construction of system
improvements. This type of credit is addressed in the administration and implementation of the impact
fee program. For ease of administration, TischlerBise normally recommends developer reimbursements
for system improvements.
IMPACT FEE COMPONENTS -------------·· ,_,., ___ ---------·-----·-·----·-··-·-··----________________ ,. __ ·--
Figure 1 summarizes service areas, methodologies, and infrastructure components for each fee category.
There is a single, citywide service area for all impact fees.
Figure 1: Proposed Impact Fee Service Areas, Methodologies, and Cost Components I \t r \ I( t I ( u,I I 111( 1< rr11 r1l.1I I I ( <1',1 ( ,itt",orv Pl,,n ll,1•,,·d /\r1 .1 tli c 'JVt•r \' l t U,11 ltJII ;\flu< ,1l1or1
Library Citywide N/A Facilities N/A Population
Parks and Citywide N/A Amenities N/A Population Recreation
Police Citywide N/A Facilities, Vehicles N/A Population,
Services Vehicle Trips
Fire Citywide N/A Facilities, Vehicles N/A Population,
Vehicle Trips
Water Citywide Treatment Plant N/A Wells, Storage, EDU Transmission
Wastewater Citywide N/A N/A System Upgrades EDU
Administrative Citywide N/A N/A Administrative Population, Jobs Charge Costs
4
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Section 7, Item b.
MAXIMUM SUPPORTABLE IMPACT FEES
DRAFT Impact Fee Study Flagler Beach, Florida
Impact fees for residential development will be assessed per dwelling unit, based on the size of the unit,
and nonresidential fees will be assessed per 1,000 square feet of floor area, based on the land use. Water
and Wastewater fees will be assessed based on meter size. Flagler Beach may adopt fees that are less
than the proposed fees shown below; however, a reduction in impact fee revenue will necessitate an
increase in other revenues, a decrease in planned capital improvements, and/or a decrease in Flagler
Beach's LOS standards. All costs in the Impact Fee Study are in current dollars with no assumed inflation
rate over time.
Figure 2: Maximum Supportable Impact Fees
[),, .'I !• 'f)/!11 rd [ j, pt I I d,1 tr, I ,, "' '"'I I 1 ir, Hi, r, 1t1(,r
1,100 or less $123 $539 $538
1,101 to 1,500 $193 $850 $849
1,501 to 2,000 $244 $1,073 $1,071
2,001 to 2,500 $284 $1,250 $1,247
2,501 to 3,000 $317 $1,395 $1,392
3,001 to 3,500 $345 $1,519 $1,516
3,501 or more $370 $1,628 $1,625
I I e•.·« · •«cl I [Jt•vt·luprnl'nt Typt L11Jr,11 \ f-11t Ht c r 1. it lll/1
Industrial $0 $0 $451
Commercial $0 $0 $2,261
Office & Other Services $0 $0 $1,003
Institutional $0 $0 $1,380
Mc•t,,r Srzc• .rnd Typv I Wc1lt" I 0.75 Displacement $3,007
1.00 Displacement $5,022
1.50 Displacement $10,015
2.00 Displacement $16,029
3.00 Singlejet $32,089
3.00 Compound $32,089
3.00 Turbine $35,096
4.00 Singlejet $50,133
4.00 Compound $50,133
4.00 Turbine $63,155
6.00 Single jet $100,236
6.00 Compound $100,236
6.00 Turbine $130,310
8.00 Compound $160,383
8.00 Turbine $280,678
10.00 Turbine $421,032
12.00 Turbine $531,313
1. AWWA Manual of Water Supply Practices M-1, 7th Edition
T1schlerB1se FISCAl I ECONOMIC I PLANNING
I I ,\,II<"'" " ,I I'.' I Ii ! d1r, lol,11 l ' I tr � i
$455 $3 $1,658
$717 $5 $2,614
$905 $6 $3,299
$1,054 $7 $3,841
$1,176 $8 $4,288
$1,281 $8 $4,670
$1,373 $9 $5,005
I PolH t' I Accn1·<1,'.•,1t,,v I (rl,11 f�l f ot,11
$381 $4 $836
$1,911 $6 $4,177
$848 $9 $1,860
$1,166 $8 $2,554
1/Vdste,hlll'( I Total
$3,806 $6,813
$6,356 $11,378
$12,673 $22,688
$20,284 $36,314
$40,607 $72,695
$40,607 $72,695
$44,412 $79,509
$63,441 $113,574
$63,441 $113,574
$79,920 $143,075
$126,844 $227,080
$126,844 $227,080
$164,901 $295,210
$202,958 $363,341
$355,186 $635,864
$532,798 $953,830
$672,353 $1,203,665
5
130
Section 7, Item b.
DRAFT Impact Fee Study Flagler Beach, Florida
POLICE IMl'/\(T Fu-:s
METHODOLOGY ---- -··----------
The Police impact fees include components for police facilities and police vehicles. The incremental
expansion methodology is used for all components.
SERVICE AREA
Flagler Beach plans to provide a uniform level of service citywide; therefore, the police impact fees will be
assessed in a citywide service area.
6 T1schler81se FISCAL I ECONOMIC I PLANNING
131
Section 7, Item b.
DRAFT Impact Fee Study Flagler Beach, Florida
PROPORTIONATE SHARE -------·--·-_,, ___ ,,, _____________ ,, __ , ______ ,,_,,,, __ ,, ____ ,, --__ , __ ,,,_,__,_, __ -------------·--------. --------.. _ ....
Impact fees should not exceed a proportionate share of the capital cost needed to provide capital facilities
to the development. The police impact fees allocate the cost of capital facilities between residential and
nonresidential development using functional population. Based on 2019 estimates from the U.S. Census
Bureau's OnTheMap web application (the latest year available), residential development accounts for
approximately 76 percent of functional population and nonresidential development accounts for the
remaining 24 percent.
Figure Pl: Proportionate Share
Demand Units in 2019
Residential
Population 5,002 7).
Residents Not Working 3,231 Employed Residents 1,771
Employed in Flagler Beach
Employed outside Flagler Beach
Nonresidential
Non-working Residents
Jobs Located in Flagler Beach
3,231
1,517
Residents Employed in Flagler Beach
Non-Resident Workers (inflow commuters)
Demand Person
Hours/Day Hours
20 64,620
218 14 3,052
1,553 14 21,742
Residential Subtotal 89,414
Residential Share 76%
218
1,299
4 12,924
10
10
2,180
12,990
Total 117,508
Source: U.S. Census Bureau, OnTheMap Application and LEHD Origin-Destination Employment Statistics, Version
6.8 (employment).
DEMAND UNITS ___ ,,,_,. ____________________________________ _
Residential impact fees are calculated on a per capita basis, then converted to an appropriate amount for
each size of housing unit based on the number of persons per housing unit (PPHU). As shown in Figure P2,
the current PPHU factors range from 1.04 persons per unit units that are 1,100 square feet or less, to 3.14
persons per units that are 3,501 square feet or more. These factors are based on the U.S. Census Bureau's
2016-2020 American Community Survey 5-year estimates (further discussed in Appendix B).
Nonresidential Police impact fees are calculated on a per vehicle trip basis, then converted to an
appropriate amount for each type of nonresidential development based on the number of vehicle trip
ends generated per 1,000 square feet of floor area. Trip generation rates are used because vehicle trips
are highest for retail developments, such as shopping centers, and lowest for industrial development.
T1schlerB1se ISCAL ) l:!CONOMIC I P ANNINO
7
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Page 1 of 26
ORDINANCE NO. 2024-04 1
2
AN ORDINANCE OF THE CITY OF FLAGLER BEACH, FLORIDA, RELATING TO 3
IMPACT FEES; ADOPTING THE FEE STUDY PREPARED BY TISCHLER BISE; 4
INCREASING THE AMOUNTS TO BE CHARGED FOR WATER AND WASTEWATER 5
IMPACT FEES; ADOPTING NEW POLICE, FIRE, LIBRARY, AND PARKS AND 6
RECREATION IMPACT FEES; ESTABLISHING AN ADMINISTRATIVE CHARGE 7
CONSISTENT WITH STATE LAW; AMENDING REGULATIONS PERTAINING TO THE 8
COLLECTION, USE, AND TIMING OF PAYMENTS OF WATER, WASTEWATER, 9
POLICE, FIRE, LIBRARY, AND PARKS AND RECREATION IMPACT FEES; PROVIDING 10
FOR NOTICE OF INCREASED AND NEW FEES; PROVIDING FOR CODIFICATION; 11
PROVIDING FOR SEVERABILITY AND CONFLICTS, AND PROVIDING AN EFFECTIVE 12
DATE. 13
14
WHEREAS, under its home rule powers and pursuant to §163.31801, Florida Statutes, the 15
City of Flagler Beach may impose impact fees to ensure that new development pays for its 16
proportional share of capital facilities required by such new development; and 17
WHEREAS, the City of Flagler Beach last amended its water and wastewater impact fee 18
program in 2012; and 19
WHEREAS, the City Commission of the City of Flagler Beach has studied the necessity for 20
and implications of the adoption of an ordinance updating the water and wastewater impact fees 21
and adopting police, fire, library, and parks and recreation impact fees and has retained a 22
professional consulting firm to prepare a study relating to these fees (the “Study”) to determine 23
the proportionate demand that new development generates for additional water, wastewater, 24
police, fire, library, and parks and recreation facilities and improvements; and 25
WHEREAS, the Study has been presented to and reviewed by the City Commission of the 26
City of Flagler Beach, and it has been determined: (1) water, wastewater, police, fire, library, and 27
parks and recreation impact fees are necessary to offset the costs associated with meeting future 28
demands for the City’s water, wastewater, police, fire, library, and parks facilities pursuant to the 29
188
Section 7, Item b.
Page 2 of 26
projections set forth in the Study; (2) that the new impact fees bear a reasonable relationship to 30
the burden imposed upon the City to provide infrastructure and facilities to meet the demand of 31
new City residents; (3) that impact fee revenues will provide a direct benefit to such new City 32
residents reasonably related to the fees assessed; (4) that an essential nexus exists between 33
projected new development and the need for additional facilities and infrastructure to be funded 34
with impact fees and the benefits that accrue to new development paying the fees; (5) that the 35
amount of the impact fees are roughly proportional to the pro rata share of the additional 36
facilities and infrastructure needed to serve new development; and 37
WHEREAS, §163.31801, Florida Statutes requires impact fee increases to be implemented 38
in annual increments as directed by the statute; and 39
WHEREAS, Section 163.31801, Florida Statutes requires that local governments ensure 40
that collection of an impact fee not be required to occur earlier than the date of issuance of 41
issuance of the building permit for the property that is subject to the fee; and 42
WHEREAS, the fees adopted herein are consistent with the maximum increase and phase-43
in provisions of Section 163.31801, Florida Statutes; 44
WHEREAS, the decisions of the City Commission as set forth herein are reasonable and 45
prudent steps pertaining to sound growth management which have been taken for the benefit 46
of the citizens of the City, both present and future; and 47
WHEREAS, the City is projected to significantly grow in population and further 48
economically develop in the future; and 49
189
Section 7, Item b.
Page 3 of 26
WHEREAS, this Ordinance contains an administrative framework to ensure that the 50
benefit of facilities and infrastructure funded with impact fees will accrue proportionately to new 51
development paying the fees; and 52
53
WHEREAS, Section 163.3202(3), Florida Statutes, encourages the use of innovative 54
land use regulations and impact fees by local governments to manage growth and to provide the 55
necessary public facilities and for the imposition by local governments of impact fees on 56
development to fund the capital cost of facilities necessitated by such development; and 57
WHEREAS, requiring future growth to contribute its fair share of the costs necessary to 58
fund required capital improvements and additions is an integral and vital part of the regulatory 59
plan of growth management in the City and is a practice consistent with sound and generally 60
accepted growth management, fiscal and public administration practices and principles; and 61
WHEREAS, for clarity and ease of reference all impact fees provisions shall be located in 62
a new Chapter 12 of the Code of Ordinances entitled “Impact Fees” and deletion of the existing 63
provisions related to water and wastewater impact fees contained herein is a relocation of the 64
provisions establishing and regulating those impact fees, not a repeal of said impact fees. 65
Note: Underlined words constitute the new text of the City of Flagler Beach Code of 66
Ordinances, asterisks (***) indicate an omission from the original text of the Code of Ordinances, 67
City of Flagler Beach, which is intended to remain unchanged, and strikethrough constitutes 68
deletions from the original Code of Ordinances. 69
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Flagler Beach, 70
Florida, as follows: 71
190
Section 7, Item b.
Page 4 of 26
SECTION 1. The above recitals, or “Whereas” clauses, are hereby adopted as the City 72
Commission’s legislative findings and are incorporated herein by reference. 73
SECTION 2. Chapter 12 of the Flagler Beach Code of Ordinances is hereby created as follows: 74
75
CHAPTER 12 – IMPACT FEES 76
ARTICLE I. ADOPTION OF FEE STUDY AND RATIONAL NEXUS 77
(a) The city commission hereby adopts by reference the Impact Fee Study 78
dated February 8, 2024 as prepared by Tischler Bise relating to the capital costs of the 79
City of Flagler Beach to meet facilities and infrastructure needs related to the impacts of 80
new development for water, wastewater, police, fire, library parks and recreation, and 81
administrative services. 82
(b) The city commission finds that there is a reasonable connection, or rational 83
nexus, between the need for new or expanded facilities and infrastructure in the city and 84
the growth in population anticipated within the city. In addition, the city commission 85
finds there is a reasonable connection, or rational nexus, between the anticipated 86
expenditures of the police impact fees collected and the benefits accruing to anticipated 87
new development. 88
ARTICLE II. DEFINITIONS 89
The following words, terms and phrases, when used in this chapter, shall have 90
the meaning ascribed to them in this section, except where the context clearly 91
indicates a different meaning, or except as otherwise provided. 92
191
Section 7, Item b.
Page 5 of 26
Applicant means any person, developer, builder or entity which requires public 93
services as a result of development for the benefit of itself or a prospective future 94
occupant. 95
Building is any structure, either temporary or permanent, designed or built for 96
the support, enclosure shelter or protection of persons, chattels or property of any 97
kind. This term shall include trailers, mobile homes or any other vehicles serving in any 98
way the function of a building. This term shall not include temporary construction 99
sheds or trailers erected to assist in construction and maintained during the time of a 100
construction. 101
Nonresidential includes all land uses not otherwise specified as residential or 102
exempted as set forth herein. This shall include, but is not limited to day care facilities, 103
residential care facilities, nursing homes, boarding houses, educational facilities, 104
cultural facilities, churches, all commercial uses, all transient lodging and 105
entertainment facilities except those which are temporary in nature, all automotive 106
facilities and/or structures, all miscellaneous business uses and services and all 107
industrial uses. 108
Owner of record means the most recent owner of a parcel of property 109
appearing in the official records of Flagler County, Florida. 110
Residential means multifamily dwelling units, mobile homes, and single-family 111
detached houses. 112
ARTICLE III. GENERAL TERMS RELATED TO COLLECTION AND ACCOUNTING OF IMPACT FEE 113
FUNDS 114
192
Section 7, Item b.
Page 6 of 26
(a) There are established capital fund accounts for impact fees, to be 115
generally designated as the "Impact Fee Capital Improvement Trust Fund for the 116
Extension of Primary Water Systems," "Impact Fee Capital Improvement Trust Fund for 117
the Extension of Primary Wastewater Systems," "Police Impact Fee Account," "Fire 118
Impact Fee Account," “Library Impact Fee Account, and "Parks and Recreation Impact 119
Fee Account." Each capital fund account for impact fees shall continue to be maintained 120
separate and apart from all other accounts of the city. The monies deposited into the 121
impact fee capital fund accounts shall be used solely for the purposes allowed by Florida 122
Statutes and as set forth in this chapter. 123
(b) Funds on deposit in impact fee accounts established within this article 124
shall not be used for any expenditure that would be classified as an operational 125
expense, a maintenance expense or a repair expense. 126
(c) Any funds on deposit in an impact fee account not immediately 127
necessary for expenditure shall be invested in interest-bearing accounts. Applicants 128
shall not receive a credit for or be entitled to interest from the investment of such 129
funds, except as otherwise required in this chapter. 130
(d) An applicant may request an estimate of impact fees which may be 131
imposed by filing a written request to the city. Any estimate which the city provides is 132
non-binding and may be subject to change when the impact fees become due and 133
payable pursuant to this chapter. Non-binding estimates are for the sole benefit of the 134
prospective applicant and neither bind the city, nor preclude it from making 135
amendments or revisions to any provisions of this chapter. No vested rights, legal 136
193
Section 7, Item b.
Page 7 of 26
entitlements, or equitable estoppel accrue by reason of a non-binding estimate. A 137
non-binding fee estimate does not constitute a final decision and may not be appealed 138
pursuant to this chapter. 139
(e) Any person who disagrees with a decision or interpretation of this 140
chapter may appeal to the city manager or designee by filing a written notice of 141
appeal within ten (10) days after the date of the action or decision complained of. The 142
written notice of appeal shall set forth concisely the action or decision appealed as 143
well as the grounds upon which the appeal is based. The city manager or designee 144
shall consider all facts material to the appeal and render a written decision within 145
thirty (30) days of receiving the appeal. Any person who disagrees with the decision of 146
the city manager or designee may appeal to the city commission by filing a written 147
notice of appeal with the city manager's office setting forth concisely the decision 148
appealed within ten (10) days after the date of the city manager's decision. The appeal 149
shall be set for the next available city commission meeting for consideration. The city 150
commission's written decision shall constitute final administrative review 151
(f) Failure to pay an impact fee when determined by the city that an 152
obligation is required to satisfy the impact of development may result in the amount 153
due becoming a lien against the property. The city shall provide a written notice of the 154
impact fee due by personal service, certified, return receipt requested United States 155
Mail or Federal Express or other equivalent overnight letter delivery company. Upon 156
failure to pay the impact fee within thirty (30) days of the date of the notice, a notice 157
of lien may be served upon the applicant owing impact fees and recorded in official 158
194
Section 7, Item b.
Page 8 of 26
records of Flagler County, Florida. Such lien may be foreclosed in the manner 159
provided by law, and there shall be added to the amount of such lien all costs incident 160
to such proceedings including reasonable attorney's fees 161
(g) If impact fees have not been expended or encumbered by the end of 162
the calendar quarter immediately following ten (10) years from the date the fees were 163
paid, upon application of the fee payer of proof of payment, or proof of the date the 164
development permit was approved by the city and that development was never 165
begun, the fees shall be returned with interest at the rate determined by the city 166
based upon the average interest earning rate incurred by the city in accordance with 167
the following procedure: 168
(1) The present owner must petition the city Commission for the 169
refund within one (1) year following the end of the calendar quarter 170
immediately following ten (10) years from the date on which the fee was 171
received. 172
(2) The petition must be submitted to the city manager and must 173
contain: 174
(i) A notarized sworn statement that the petitioner is the 175
current owner of the property; 176
(ii) A copy of the dated receipt issued for payment of the fee 177
or other document evidencing the date the development was approved 178
by the city, which development was never begun; 179
(iii) A certified copy of the latest recorded deed; and 180
195
Section 7, Item b.
Page 9 of 26
(iv) A copy of the most recent ad valorem tax bill. 181
If reimbursement is approved, the city shall remit to the petitioner within sixty (60) 182
days of approval. In determining whether a petitioner is entitled to a refund, it shall be 183
assumed that impact fees are expended or encumbered in the same order in which 184
they were received (that is, "first in, first out"). No refund shall be made of any 185
administrative fee authorized and collected pursuant to this chapter. 186
(h) Any change in the use of property shall require payment of an impact 187
fee in an amount equal to any increase in density or intensity. 188
(i) All impact fee revenues expended from an impact fee fund shall be used 189
for the purpose of providing growth necessitated capital improvements and acquiring, 190
designing, constructing, extending, expanding, relocating, and/or separating capital 191
facilities and infrastructure determined by the city commission to be necessary to 192
serve new development. 193
(j) The City shall be exempt from impact fee charges. 194
ARTICLE IV. POTABLE WATER IMPACT FEE 195
(a) Any applicant who seeks to develop land or make improvements to real 196
property shall pay the following potable water impact fees in the manner and amount 197
established and computed pursuant to this article. 198
(b) Subject to the phase-in of fees pursuant to Section 163.31801, Florida 199
Statutes, as set forth in paragraph (c) below, impact fees charged and collected for 200
potable water shall be as follows: 201
196
Section 7, Item b.
Page 10 of 26
Meter Size and
Type
Capacity Ratio Total Impact
Fee to be
Collected after
Phase-In1
Existing
Impact Fee
at Time of
Adoption2
Increase Over
Existing
0.75 Displacement 1.00 $3,007 $2,509 $498
1.00 Displacement 1.67 $5,022 $4,190 $832
1.50 Displacement 3.33 $10,015 $8,356 $1,659
2.00 Displacement 5.33 $16,029 $13,374 $2,655
3.00 Singlejet 10.67 $32,089 $26,773 $5,316
3.00 Compound 10.67 $32,089 $26,773 $5,316
3.00 Turbine 11.67 $35,096 $29,282 $5,814
4.00 Singlejet 16.67 $50,133 $41,828 $8,305
4.00 Compound 16.67 $50,133 $41,828 $8,305
4.00 Turbine 21.00 $63,155 $52,693 $10,462
6.00 Singlejet 33.33 $100,236 $83,631 $16,604
6.00 Compound 33.33 $100,236 $83,631 $16,604
6.00 Turbine 43.33 $130,310 $108,723 $21,586
8.00 Compound 53.33 $160,383 $62,396 $31,198
8.00 Turbine 93.33 $163,794 $133,815 $26,568
10.00 Turbine 140.00 $421,032 $351,287 $69,746
1 AWWA Manual of Water Supply Practices M-1, 7th Ed. 2 Base meter fee is the current water fee and then is scaled up using the proposed meter capacity ratio
197
Section 7, Item b.
Page 11 of 26
12.00 Turbine 176.67 $531,313 $443,299 $88,014
202
(c) Implementation of the increased fees provided herein shall be phased in 203
over two equal installments. During the twelve month period beginning August 1, 2024, 204
the impact fee to be collected shall be the Existing Impact Fee at Time of Adoption amount 205
plus one-half (1/2) of the Increase Over Existing amount. During the twelve month period 206
beginning August 1, 2025, the impact fee to be collected shall be the Total Impact Fee to 207
be Collected after Phase-In. 208
ARTICLE V. WASTEWATER IMPACT FEE 209
(a) Any applicant who seeks to develop land or make improvements to real 210
property shall pay the following wastewater impact fees in the manner and amount 211
established and computed pursuant to this article. 212
(b) Subject to the phase-in of fees pursuant to Section 163.31801, Florida 213
Statutes, as set forth in paragraph (c) below, impact fees charged and collected for 214
wastewater shall be as follows: 215
216
Meter Size and
Type
Capacity Ratio Total Impact
Fee to be
Collected after
Phase-In3
Existing
Impact Fee
at Time of
Adoption4
Increase Over
Existing
3 AWWA Manual of Water Supply Practices M-1, 7th Ed. 4 Base meter fee is the current sewer fee and then is scaled up using the proposed meter capacity ratio
198
Section 7, Item b.
Page 12 of 26
0.75 Displacement 1.00 $3,806 $3,083 $723
1.00 Displacement 1.67 $6,356 $5,148 $1,208
1.50 Displacement 3.33 $12,673 $10,265 $2,408
2.00 Displacement 5.33 $20,284 $16,430 $3,855
3.00 Singlejet 10.67 $40,607 $32,890 $7,717
3.00 Compound 10.67 $40,607 $32,890 $7,717
3.00 Turbine 11.67 $44,412 $35,973 $8,440
4.00 Singlejet 16.67 $63,441 $51,385 $12,056
4.00 Compound 16.67 $63,441 $51,385 $12,056
4.00 Turbine 21.00 $79,920 $64,733 $15,187
6.00 Singlejet 33.33 $126,844 $102,740 $24,104
6.00 Compound 33.33 $126,844 $102,740 $24,104
6.00 Turbine 43.33 $164,901 $133,565 $31,336
8.00 Compound 53.33 $202,958 $202,958 $38,568
8.00 Turbine 93.33 $355,186 $287,690 $67,496
10.00 Turbine 140.00 $532,798 $431,550 $101,248
12.00 Turbine 176.67 $672,353 $544,585 $127,767
217
(c) Implementation of the increased fees provided herein shall be phased in 218
over four equal installments. During the twelve month period beginning August 1, 2024, 219
the impact fee to be collected shall be the Existing Impact Fee at Time of Adoption amount 220
plus one-half (1/2) of the Increase Over Existing amount. During the twelve month period 221
199
Section 7, Item b.
Page 13 of 26
beginning August 1, 2025, the impact fee to be collected shall be the Total Impact Fee to 222
be Collected after Phase-In. 223
ARTICLE VI. POLICE IMPACT FEE 224
(a) Any applicant who seeks to develop land or make improvements to real 225
property shall pay the following police impact fees in the manner and amount established 226
and computed pursuant to this article. 227
(b) Beginning August 1, 2024, the police impact fee to be charged and 228
collected shall be as follows: 229
Residential Fee per Unit
Square Footage Impact Fee to be
Collected
1,100 or less $455
1,101 to 1,500 $717
1,501 to 2,000 $905
2,001 to 2,500 $1,054
2,501 to 3,000 $1,176
3,001 to 3,500 $1,281
3,501 or more $1,373
230
Nonresidential Fee per 1,000 Square Feet
Development Type Impact Fee to be Collected
200
Section 7, Item b.
Page 14 of 26
Industrial $381
Commercial $1,911
Office & Other Services $848
Institutional $1,166
231
ARTICLE VII. FIRE IMPACT FEE 232
(a) Any applicant who seeks to develop land or make improvements to real 233
property shall pay the following fire impact fees in the manner and amount established 234
and computed pursuant to this article. 235
(b) Beginning August 1, 2024, the fire impact fee to be charged and collected 236
shall be as follows: 237
Residential Fee per Unit
Square Footage Impact Fee to be
Collected
1,100 or less $538
1,101 to 1,500 $849
1,501 to 2,000 $1,071
2,001 to 2,500 $1,247
2,501 to 3,000 $1,392
3,001 to 3,500 $1,516
3,501 or more $1,625
238
201
Section 7, Item b.
Page 15 of 26
Nonresidential Fee per 1,000 Square Feet
Development Type Impact Fee to be Collected
Industrial $451
Commercial $2.261
Office & Other Services $1,003
Institutional $1,380
239
ARTICLE VIII. LIBRARY IMPACT FEE 240
(a) Any applicant who seeks to develop land or make improvements to real 241
property for residential development shall pay the following library impact fees in the 242
manner and amount established and computed pursuant to this article. 243
(b) Beginning August 1, 2024, the library impact fee to be charged and 244
collected shall be as follows: 245
Residential Fee per Unit
Square Footage Impact Fee to be
Collected
1,100 or less $123
1,101 to 1,500 $193
1,501 to 2,000 $244
2,001 to 2,500 $284
2,501 to 3,000 $317
202
Section 7, Item b.
Page 16 of 26
3,001 to 3,500 $345
3,501 or more $370
246
ARTICLE IX. PARKS AND RECREATION IMPACT FEE 247
(a) Any applicant who seeks to develop land or make improvements to real 248
property for residential development shall pay the following parks and recreation impact 249
fees in the manner and amount established and computed pursuant to this article. 250
(b) Beginning August 1, 2024, the parks and recreation impact fee to be 251
charged and collected shall be as follows: 252
Residential Fee per Unit
Square Footage Impact Fee to be
Collected
1,100 or less $539
1,101 to 1,500 $850
1,501 to 2,000 $1,073
2,001 to 2,500 $1,250
2,501 to 3,000 $1,395
3,001 to 3,500 $1,519
3,501 or more $1,628
253
ARTICLE X. ADMINISTRATIVE FEE 254
203
Section 7, Item b.
Page 17 of 26
Beginning August 1, 2024, the administrative fee charged and collected for new 255
development shall be as follows: 256
Residential Fee per Unit
Square Footage Administrative Charge
1,100 or less $3
1,101 to 1,500 $5
1,501 to 2,000 $6
2,001 to 2,500 $7
2,501 to 3,000 $8
3,001 to 3,500 $8
3,501 or more $9
257
Nonresidential Fee per 1,000 Square Feet
Development Type Administrative Charge
Industrial $4
Commercial $6
Office & Other Services $9
Institutional $8
258
SECTION 3. Appendix “A,” “Land Development Regulations” of the City of Flagler Beach, Code 259
of Ordinances is amended by deleting existing Sections 5.03.87 through 5.03.93 which is being 260
replaced by portions of the new language in Section 2, above. 261
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Sec. 5.03.87. Impact Fee. 262
Sec. 5.03.88. Definitions. 263
The following words, terms and phrases, when used in this article, shall have the 264
meanings ascribed to them in this section, except where the context clearly indicates a 265
different meaning: 266
Combination accounts. Accounts that contain both residential and commercial facilities 267
served through a common meter may be treated as nonresidential. 268
Equivalent living unit. The following is a definition of equivalent living unit (E.L.U.) 269
(1) Residential—Single-family. Each single-family residence served by the city through 270
a single sewer service and/or water meter shall be one (1) equivalent living unit. 271
(2) Residential—Rooms, combinations of rooms, etc. Each residential room, 272
combination of rooms, apartment, or prepared mobile home space, that includes 273
connection points for sewer and/or water service that is owner-occupied, offered 274
separately for rent as a rental unit, or vacant, shall be one (1) equivalent living unit. 275
(3) Nonresidential, commercial and industrial. For nonresidential uses not specifically 276
defined elsewhere in this article, the number of equivalent living units shall be computed 277
by the building official using the fixture unit count as defined in the following table: 278
Fixture Units E.L.U. Fixture Units E.L.U.
1— 15 1 241— 340 8
16— 30 2 341— 480 9
31— 60 3 481— 620 10
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61— 80 4 621— 800 11
81—100 5 801—1000 12
101—160 6 1001—1300 13
161—240 7 1301—1650 14
279
For each additional increment of seven hundred fifty (750) fixture units, add one (1) E.L.U. 280
Expansion of an existing connection. If a building permit is issued for an existing 281
connection which will increase water or sewer demand, or if a building changes from 282
residential to nonresidential occupancy, the total number of E.L.U.'s for the old and new 283
parts of the facility shall be computed as outlined in the definition of "equivalent living 284
unit." The number of new E.L.U.'s shall be determined by subtracting the old E.L.U.'s from 285
the total number of E.L.U.'s in the entire facility. The impact fee will be assessed on the 286
number of new E.L.U.'s. As an example, if an existing building contained one hundred fifty 287
(150) fixture units and it was expanded to three hundred (300) fixture units, the impact 288
fee would equal (8 E.L.U.'s—6 E.L.U.'s) or 2 E.L.U.'s. 289
Sanitary sewer facilities. A sanitary sewer system includes two (2) broad categories or 290
subsystems, which are: 291
(1) Primary systems: 292
a. Plant facilities: 293
i. Treatment plants; 294
ii. Effluent disposal facilities. 295
b. Transmission facilities: 296
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i. Master pump stations; 297
ii. Force mains; 298
iii. Interceptors. 299
(2) Secondary or local collection systems: 300
a. House laterals; 301
b. Eight-inch or smaller collector sewers; 302
c. Lift stations; 303
d. Low pressure sewer mains; 304
e. Eight-inch or smaller force mains. 305
Water facilities. A water facility system includes two (2) broad categories or subsystems, 306
which are: 307
(1) Primary systems: 308
a. Plant facilities: 309
i. Wells and well pumps; 310
ii. Raw water mains; 311
iii. Treatment plans; 312
b. Transmission facilities: 313
i. High service pumps; 314
ii. Storage and re-pumping; 315
iii. Transmission mains. 316
Cross reference(s)—General definitions, § 1-2. 317
Sec. 5.03.89. Purpose. 318
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(a) This article is to establish procedures to facilitate the orderly expansion of the 319
city's water supply system and wastewater treatment system. 320
(b) In order to fund primary capital improvements, several combined methods of 321
financing will be necessary, one (1) of which is an impact fee defined as "a new building's 322
contribution toward its equitable share of the cost of capital improvements required to 323
serve new users." 324
(c) All secondary facilities shall be provided by the customer or developer in 325
accordance with the Uniform Extension Policy to facilitate the orderly expansion of this 326
portion of the water and sewer systems. 327
Sec. 5.03.90. Reserved. 328
Sec. 5.03.91. Fee schedule. 329
(a) There is hereby imposed an impact fee based on the city commission's 330
determination of the equitable portion of the system upon the equivalent living unit 331
responsible for the need for additional system financing. 332
(b) The fee for each equivalent living unit connected to the system shall be as follows: 333
(1) Water impact fee for primary systems: 334
Plant facilities $ 320.00
Transmission facilities 850.00
Total 1,170.00
335
(2) Sewer impact fee for primary systems: 336
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Plant facilities $ 725.00
Transmission facilities 515.00
Total 1,240.00
337
(c) Each additional equivalent living unit occasioned by changes in property usage 338
subsequent to the effective date of this section shall be subject to an additional impact 339
fee computed in accordance with the foregoing criteria. 340
(d) There shall be an annual adjustment of rates as set forth in Ordinance No. 2000-341
08 [2000-28], such adjustment shall be calculated by using the annual indexing factor 342
based on the Engineering News Record (ENR) Construction Cost Index. The resulting fee 343
will become effective each October 1, starting October 1, 2002, and will be valid for the 344
new fiscal year. 345
Sec. 5.03.92. Imposing fee; when payable; penalty for nonpayment 346
(a) The fee in Section 5.03.91 shall be imposed on every equivalent living unit 347
connected to the water or sewer system whether those units are new or existing as 348
follows: 349
(1) On every new connection or addition to the water or sewer system where the 350
building permit was issued on October 5, 1979, and subsequent thereto; 351
(2) On every equivalent living unit connecting to the water or sewer system as it 352
existed on October 5, 1979 (excepting there from any equivalent living unit for which a 353
building permit was issued prior to October 5, 1979); 354
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(3) On every equivalent living unit connecting to the water or sewer system and not 355
having obtained final building inspection as of September 25, 1980. 356
(b) The fee in Section 5.03.91 shall be imposed on every equivalent living unit 357
constructed or connected in areas served by the existing sewer or water system as well 358
as in those areas that will be on an extension of the local collection and distribution 359
system as well as those areas where the local facilities have been installed by the 360
developer. 361
(c) Except as otherwise provided in this article, impact fees shall be due and payable 362
as follows: 363
(1) In full, upon application for the building permit; 364
(2) If building permit has already been issued, the fees shall be paid within six (6) 365
months from the date the permit was issued or upon request for final inspection by the 366
building official, whichever occurs sooner; 367
(3) Regardless of method or time of payment, no final inspection shall be made or 368
approved, nor shall a certificate of occupancy be issued until all such fees are paid in full; 369
(4) All deferred impact fee payments and all delinquent impact fees shall bear interest 370
at the rate of four point seven five (4.75) percent per annum, compounded monthly from 371
the effective date of this section or from the date due, whichever occurs later. 372
(d) For those equivalent residential units that: 373
(1) Obtained a building permit on October 5, 1979 and thereafter, and have obtained 374
a final building inspection as of October 23, 1980; 375
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(2) Are existing structures in areas that will be on future extensions of the local 376
collection and distribution system, a deferred payment plan, known as monthly payback, 377
is hereby established as follows: 378
a. For each water and sewer connection, the city shall receive thirty-five dollars and 379
seventy-nine cents ($35.79) per month. This is in addition to all other rates and fees. This 380
fee shall be paid every month until the balance of the fee has been paid. In addition, all 381
"monthly payback" accounts open on each May 1, commencing May 1, 1981, shall be 382
assessed a service fee of twenty-five dollars ($25.00) in order to defray the administrative 383
expense of the monthly payback system. The owner of the E.L.U. can pay the remaining 384
amount due on the account at any time during the payback period; 385
b. For each water connection, the city shall receive seventeen dollars and seventy-386
six cents ($17.76) per month. This is in addition to all other rates and fees. This fee shall 387
be paid every month until the balance of the fee has been paid. In addition, all "monthly 388
payback" accounts open on each May 1, commencing May 1, 1981, shall be assessed a 389
service fee of twenty-five dollars ($25.00) in order to defray the administrative expense 390
of the monthly payback system. The owner of the E.L.U. can pay during the payback 391
period; 392
c. For each sewer connection, the city shall receive eighteen dollars and three cents 393
($18.03) per month. This is in addition to all other rates and fees. This fee shall be paid 394
every month until the balance of the fee has been paid. In addition, all "monthly payback" 395
accounts open on each May 1, commencing May 1, 1981, shall be assessed a service fee 396
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Section 7, Item b.
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of twenty-five dollars ($25.00) in order to defray the administrative expense of the 397
monthly payback system. The owner of the E.L.U. can pay during the payback period; 398
d. The monthly payback and service fee will be added to the monthly water and 399
sewer bill for the unit and will be the owner's responsibility to ensure payment whether 400
or not the unit is owner- or tenant-occupied. 401
(e) Nonpayment of the impact fee including the monthly pay-back where applicable 402
shall be grounds for discontinuing service. 403
(f) The impact fee is comprised of two (2) separate fees, i.e., water and sewer. In 404
areas where only one (1) of these services is available, the applicable fee for the other 405
service or for both services if neither was available at the time of construction will be 406
imposed when service is made available. 407
Sec. 5.03.93. Liens. 408
All charges due under this article shall be the obligation of the record owner of the 409
equivalent residential unit, irrespective of actual occupancy, and shall constitute a lien 410
against the property until paid. Notice of such lien need not be recorded in the official 411
records of the county in order to be effective, but the city may cause such a notice to 412
be recorded. If such charges are not promptly paid when due, such lien may be 413
foreclosed in the manner provided by law, and there shall be added to the amount of 414
such lien all costs incident to such proceedings including reasonable attorney's fees. 415
SECTION 4. The City Clerk is directed to post notice on the City’s website informing interested 416
parties of this ordinance and the new and increased impact fees contemplated herein. 417
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Section 7, Item b.
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SECTION 5. Codification. It is the intent of the City Commission of the City of Flagler Beach that 418
the provisions of Section 2 of this Ordinance shall be codified. The codifier is granted broad and 419
liberal authority in renumbering and codifying the provisions of Section 2 of this Ordinance; 420
article and section numbers assigned throughout are suggested by the City. 421
SECTION 6. Severability. If any section, sentence, phrase, word or portion of this Ordinance is 422
determined to be invalid, unlawful or unconstitutional, said determination shall not be held to 423
invalidate or impair the validity, force or effect of any other section, sentence, phrase, word or 424
portion of this Ordinance not otherwise determined to be invalid, unlawful or unconstitutional. 425
SECTION 7. Conflicts. In any case where a provision of this Ordinance is found to be in conflict 426
with a provision of any other existing ordinance of this City, the provision which establishes the 427
higher standards for the promotion and protection of the health and safety of the people shall 428
prevail. 429
SECTION 8. Effective Date. This Ordinance shall become effective on October 1, 2024, which 430
date is more than ninety (90) days from the date of adoption of this Ordinance, pursuant to the 431
requirements of §163.31801, Florida Statutes. 432
433
PASSED AND ADOPTED this ____ day of _______________, 2024, by the City Commission of the 434
City of Flagler Beach, Florida. 435
436
437
438
Patti King, Mayor 439
440
441
ATTEST: 442
443
By:____________________________ 444
Penny Overstreet, City Clerk 445
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Section 7, Item b.
STAFF REPORT
Regular City Commission Meeting
March 28, 2024
To: Elected Officials
From: Dale L. Martin City Manager
Date: March 28, 2024
Item Name: Ordinance 2024-05 an ordinance by the City of Flagler Beach, Florida, amending
Chapter 2, Article IX of the City of Flagler Beach Code of Ordinances relating to
purchasing and procurement; addressing suggestions made by the Florida
Department of Emergency Management; adding provisions related to
procurements regulated by 2CFR, Part 200; providing for severability; providing for
codification, conflicts, and effective date - first reading.
Background: After reviewing our current procurement and purchasing code the Florida Department of
Emergency Management recommended these amendments to meet the Code of Federal Regulations (CFR)
Section 200, related to procurement.
Fiscal Impact: Not adopting these amendments will jeopardize reimbursement for the reconstruction of the Pier
and other FEMA reimbursable repairs.
Staff Recommendation: Motion to approve Ordinance 2024-05 on first reading.
Attachments: Ordinance 2024-05
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Section 7, Item c.
ORDINANCE NO. 2024-05
AN ORDINANCE OF THE CITY OF FLAGLER BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE IX OF THE CITY OF FLAGLER BEACH CODE OF ORDINANCES RELATING TO PURCHASING AND PROCUREMENT; ADDRESSING SUGGESTIONS MADE BY THE FLORIDA
DEPARTMENT OF EMERGENCY MANAGEMENT; ADDING PROVISIONS RELATED TO PROCUREMENTS REGULATED BY 2 CFR, PART 200; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION, CONFLICTS, AND EFFECTIVE DATE.
WHEREAS, the City has adopted by ordinance procurement and purchasing policies; and
WHEREAS, the City has received comments and suggestions from the Florida Department of Emergency Management (FDEM) related to procurements for projects using federal grant dollars; and
WHEREAS, the City Commission finds it advisable to address the comments and
suggestions made by FDEM by incorporating into its procurement and purchasing policies applicable provisions of the Code of Federal Regulations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF FLAGLER BEACH, FLORIDA, AS FOLLOWS:
SECTION ONE. The findings set forth in the recitals above are hereby adopted as legislative
findings of the City Commission pertaining to this Ordinance.
SECTION TWO. Chapter 2, Article IX, “PURCHASING CODE,” of the City of Flagler Beach Code of Ordinances is hereby amended as follows (note, underlined text notates additions,
strikethrough text notates deletions, and ellipses (***) notate text which remains unchanged and
is not reprinted here):
ARTICLE IX. PURCHASING CODE DIVISION 1. GENERALLY
Sec. 2-290. Policies and procedures.
The goal of this manual is to promote efficient and economical purchasing of commodities, goods and services for the city. The attainment of this goal is an essential element in establishing credibility and accountability for every employee of the city. However, these policies are not to be construed as placing any restriction or limitation on purchases made by direct action of the city commission in accordance with the Florida State Statutes.
Sec. 2-291. Purpose.
The purpose of this article is as follows:
(1)To purchase in the open market, obtaining the maximum value for the money.
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(2) Eliminate unauthorized purchases and assist in budgetary control.
(3) Provide assistance in the check and balance system of receipt of merchandise and
expenditures for same.
(4) Avoid any unethical business practices or any appearance thereof.
(5) Increase the effectiveness of each purchase within the city by providing specific guidelines for all departments.
(6) Serve as a continual reminder of the duties and responsibilities that each employee has
in maintaining the city's reputation for fairness and integrity.
(7) To encourage uniform bidding and to endeavor to obtain full and open competition on all purchases.
(8) No employee of the city shall receive compensation from any entity doing business with the city, in accordance with F.S. Ch. 112.
(9) Any attempt by any employee to subdivide a contract or purchase to avoid the threshold
amounts in this policy shall be subject to disciplinary action up to and including termination.
"Professional services" (architecture, engineering, surveying, and accounting) are hereby exempted from the purchasing policies of the city but may be subject to state statutory procurement
requirements established by the Consultants’ Competitive Negotiations Act (“CCNA”). The city
manager shall maintain a list of professional service firms approved by the city commission. This list may be changed at any time by action of the city commission.
* * *
DIVISION 3. COMPETITIVE BIDDING
Sec. 2-311. Invitation to bid and/or request for proposals.
For the purposes of this section the word bid and proposal will be considered the same.
(1) All bids must be advertised a minimum of one (1) time in a newspaper of general circulation at least fourteen (14) days prior to the bid opening unless the department head can document that all potential bidders have been given a copy of the bid package.
(2) The advertisement shall include a brief description of the goods and/or services desired,
where a copy of the bid package may be obtained, and the time and place for the bid
opening.
(3) The bid package shall contain the time and place for the bid opening, general conditions required of all vendors, some background on the project, a bid bond, a performance bond for all contracts where the bid may be in excess of fifty thousand dollars ($50,000.00),
and the specifications for the product and/or services desired.
(4) The use of brand names in a bid is permitted, but only for the purposes of establishing a standard. Brand names shall not be used as a way of limiting or restricting competition.
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(5)Any time constraints on a project must be identified within the bid package. Inability tomeet the time constraints may be sufficient reason for a bid to be rejected.
(6)All bids received after the time designated shall be returned unopened.
(7)Prebid conferences may be held if needed. Attendance at a prebid conference can be butdoes not have to be mandatory. Notice of a prebid conference must be included in thenewspaper advertisement and the bid package.
(8)Every bid package shall contain a hold harmless provision whereby the contractor, to the
fullest extent permitted by law, shall at all times indemnify, defend and hold the city
harmless from and against any and all liability, loss, claim, suit, damage, charge orexpense which the city may suffer, sustain, incur or in any way be subjected to, onaccount of death of or injury to any person whomsoever and damage to or loss of ordestruction of any property whatsoever, arising from, or in any way connected with the
construction project.
(9)Prior to any work beginning the contractor must provide to the city a certificate ofinsurance for commercial liability insurance naming the city as an additionally insuredin an amount not less than five hundred thousand dollars ($500,000.00), auto liabilityinsurance in an amount not less than five hundred thousand dollars ($500,000.00), and
workers compensation insurance as required by the State of Florida. The amounts of the
insurance can be adjusted depending on the job.
(10)Bid proposals must be opened at the time and place stated in the bid package. There mustbe at least one (1) witness to the opening in addition to the person opening the bid.
(11)The purpose of the bid opening is only to record the vendors and the bid amounts. No
analysis of the bids will be performed at the bid opening.
(12)All bids shall be available for public inspection immediately after the bid opening.
(13)All information within a bid shall be considered public information unless theinformation has been clearly marked as proprietary. No proprietary information shall bereleased without the written consent of the bidder except under a court order.
(14)The city shall always have the right to waive irregularities, reject any and all proposals,
request the item be rebid, or to negotiate separately with vendors.
(15)All vendors responding to the bid package shall be notified of the results of the bid priorto city commission approval.
(16)Except as otherwise provided by applicable state or federal law or regulation, Aall bid
awards shall be to the bidder who has the lowest cost, and is the most responsive and
responsible, and which is in the best interest of the city.
(17)The memo containing the recommended vendor shall contain the date the bid wasadvertised, the number of vendors receiving a bid package, a list of those vendorsresponding, and a recommendation to the city commission as to the most responsive and
responsible bidder. This does not have to be the lowest bidder. However, if the lowest
bidder is not chosen an explanation must be included.
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(18)For each contractual services contract, the city shall designate an employee to functionas contract manager who shall be responsible for enforcing performance of the contract
terms and conditions and serve as a liaison with the contractor
Sec. 2-312. Bid challenge.
Any bid may be challenged on the grounds of irregularities in the bid procedure or the evaluation process. Notice of intent to challenge must be made to the city clerk within seventy-two (72) hours after receipt of the intended recommendation of award. A formal written challenge
must be filed within five (5) working days of the date the notice of intent was provided. Failure to
file in a timely manner will constitute a waiver of the proceedings.
Notice of protest shall contain the name of the bidder, the bidder's address and phone number, the solicitation involved, and a brief summary of the basis of the protest.
The formal written protest shall identify the solicitation involved, a clear statement of the
grounds on which the protest is based and specifically state the relief the vendor believes himself
to be entitled. The challenger must mail a copy of the notice of protest to the vendor receiving city staff's recommendation.
The city manager shall investigate the challenge within ten (10) working days of the formal written protest. In the event the challenge is not resolved, the city commission shall be presented
the written challenge and the administrator's decision on the challenge prior to the award of the
bid.
Sec. 2-313. Local preference.
(a)Definition of local business. "Local business" as used herein shall mean a business that meetsthe following criteria:
(1)Has a verifiable fixed office or distribution point and has had, for at least one (1) year
prior to bid or proposal opening date, a street address, which shall not be interpreted tomean a post office box, in the City of Flagler Beach or a political jurisdiction locatedwithin Flagler County, Volusia County, Putnam County or St. Johns County that hasbeen extended reciprocity pursuant to the terms of this section;
(2)Possesses all business licenses required by law;
(3)Has paid, for at least one (1) year prior to bid or proposal opening date, its local businesstax to the City of Flagler Beach or a jurisdiction located within Flagler County, VolusiaCounty, Putnam County or St. Johns County that has been extended reciprocity pursuantto the terms of this section;
(4)Has a staff comprised of employees and not independent contractors or borrowed or
leased employees;
(5)Is not a joint venture or partnership unless all members or partners of the joint ventureor partnership meet the criteria of (1) through (4) above; and
(6)Is the principal offeror on the subject proposal.
(b)Submittal of verification of local business status. A local business desiring to receive the local
business preference shall submit all information necessary to verify its status as a local
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business upon submitting any bid, response to request for qualifications, letter of interest, or other proposal to the city.
(c) Local preference in purchasing and contracting.
(1) In bidding for, or letting contracts for procurement of, supplies, materials, equipment and services as described in the purchasing policies of the city, the city commission, or other authorized purchasing authority, may give a preference to local businesses in making purchases or awarding contracts in an amount not to exceed:
a. Five (5) percent of the local business' total bid price for procurement activities in
amounts less than five hundred thousand dollars ($500,000.00); or
b. Three (3) percent of the local business' total bid price for procurement activities in amounts over five hundred thousand dollars ($500,000.00);
(2) The total bid price shall include not only the base bid price, but also all alterations to that
base bid price resulting from alternates which were both part of the bid and actually
purchased or awarded by the city commission or other appropriate authority.
(3) In the case of requests for proposals or qualification, letters of interest, or other solicitations and competitive negotiations and selections in which objective factors are used to evaluate the responses, local businesses shall be assigned five (5) percent of the
total points of the total evaluation points.
(d) Exceptions to local preference policy.
(1) The procurement preference set forth in this section shall not apply to any of the following purchases or contracts:
a. Goods or services provided under a cooperative purchasing agreement or interlocal
agreement;
b. Purchases or contracts which are funded, in whole or in part, by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of that preference, including purchases or contracts subject to 2 CFR, Part 200;
c. Purchases made or contracts let under emergency or noncompetitive situations, for
litigation related legal services, or sole source provider contracts;
d. Any contracts governed by the Consultants' Competitive Negotiations Act; or
e. Purchases with an estimated cost of five thousand dollars ($5,000.00) or less.
(2) Application of local preference to a particular purchase, contract, or category of contracts
for which the city commission is the awarding authority may be waived upon written
justification and recommendation by the city manager and approval of the city commission.
(3) The preference established in this section does not prohibit the right of the city commission or other purchasing authority to compare quality or fitness for use of
supplies, materials, equipment and services proposed for purchase and compare
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qualifications, character, responsibility and fitness of all persons, firms, or corporations submitting bids or proposals.
(4) The bid preference established in this ordinance does not prohibit the city commission,
or other authorized purchasing authority, from giving any other preference permitted by law in addition to the preference authorized in this section.
(e) Reciprocity. For purposes of this section, reciprocity shall be extended to any business located within the jurisdictional boundaries of any political jurisdiction of Flagler County, Volusia
County, Putnam County or St. Johns County and such business shall be given the same
preference as given to local businesses in the City of Flagler Beach if:
(1) Such business meets the criteria set forth in subsections (a)(1)—(6) above as to the subject political jurisdiction; and
(2) The subject political jurisdiction extends to businesses located in the City of Flagler
Beach the same preference it extends to businesses located within its own jurisdictional
boundaries.
(f) Application and enforcement of preference policy.
(1) The local preference policy established in this section shall apply to new contracts and procurements solicited after the effective date of this section.
(2) This section shall be implemented in a fashion consistent with otherwise applicable city
purchasing policies and procedures.
(g) Promulgation of rules.
(1) The city manager is hereby authorized to adopt administrative rules supplemental to the provisions of this section as deemed necessary and appropriate to implement the
provisions of this section.
(2) The provisions of this section and the rules adopted by the city manager shall be provided to potential bidders, vendors and contractors to the widest extent practicable.
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Section 7, Item c.
* * * 1
DIVISION 5. PROCUREMENT SUBJECT TO 2 CFR, PART 200 2
When a purchase or procurement is subject to 2 CFR Part 200, the following 3
provisions shall apply. In the event of any conflict between this division and any other part 4 of this chapter, this division shall control. 5
(1)The city shall use documented procurement procedures that are consistent with state6 and local laws and regulations and the standards of this division, for the acquisition 7
of property or services required under a federal award or subaward. The city's 8
documented procurement procedures shall conform to the procurement standards 9 identified in 2 CFR 317 through 327. 10
(2)The city shall maintain oversight to ensure that contractors perform in accordance11 with the terms, conditions, and specifications of their contracts or purchase orders. 12
(3)Conflicts of interest.13
(a) No employee, officer, or agent may participate in the selection, award, or14 administration of a contract supported by a federal award if he or she has a real or 15 apparent conflict of interest. Such a conflict of interest would arise when the 16 employee, officer, or agent, or any member of his or her immediate family, his or 17
her partner, or an organization which employs or is about to employ any of the 18
parties indicated herein, has a financial or other interest in or a tangible personal 19 benefit from a firm considered for a contract. 20
(b)Officers, employees, and agents of the city may neither solicit nor accept21 gratuities, favors, or anything of monetary value from contractors or parties to 22
subcontracts. Violations of this prohibition shall be subject to discipline and 23
sanctions in accordance with Section 2-396, herein. 24
(4)Efficiency review.25
(a) The city’s procurement procedures shall avoid acquisition of unnecessary or26 duplicative items. Consideration shall be given to consolidating or breaking out 27
procurements to obtain a more economical purchase. Where appropriate, an 28
analysis will be made of lease versus purchase alternatives, and any other 29 appropriate analysis to determine the most economical approach. 30
(b)The city shall consider using value engineering clauses in contracts for31 construction projects of sufficient size to offer reasonable opportunities for cost 32
reductions. “Value engineering” is a systematic and creative analysis of each 33
contract item or task to ensure that its essential function is provided at the overall 34 lower cost. 35
(5)Awards; contract administration.36
(a) The city shall award contracts only to responsible contractors possessing the37
ability to perform successfully under the terms and conditions of a proposed 38
procurement. Consideration will be given to factors including contractor integrity, 39
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Section 7, Item c.
compliance with public policy, record of past performance, and financial and 40 technical resources. 41
(b) The city shall maintain records sufficient to detail the history of the 42
procurement. These records include but are not limited to: the rationale for the 43 method of procurement, selection of contract type, contractor selection or rejection, 44 and the basis for the contract price. 45
(c) The city shall not use time-and-materials type contracts. 46
(d) The city shall be solely responsible, in accordance with good administrative 47
practices and sound business judgment, for the settlement of all contractual and 48 administrative issues arising out of procurements. Violations of law will be referred 49 to the local, state, or federal authority having proper jurisdiction. 50
(6) Competition. 51
(a) All procurement transactions for the acquisition of property or services required 52
under a federal award shall be conducted in a manner providing full and open 53 competition consistent with the standards of this division, state laws and 54 regulations, and 2 CFR 319 and 2 CFR 320. 55
(b) In order to ensure objective contractor performance and eliminate unfair 56
competitive advantage, contractors that develop or draft specifications, 57
requirements, statements of work, or invitations for bids or requests for proposals 58 shall be excluded from competing for such procurements. 59
(c) Situations considered to be restrictive of competition include but are not limited 60 to: 61
(i) Placing unreasonable requirements on firms in order for them to qualify to 62
do business; 63
(ii) Requiring unnecessary experience and excessive bonding; 64
(iii) Noncompetitive pricing practices between firms or between affiliated 65 companies; 66
(iv) Noncompetitive contracts to consultants that are on retainer contracts; 67
(v) Organizational conflicts of interest; 68
(vi) Specifying only a “brand name” product instead of allowing “an equal” 69 product to be offered and describing the performance or other relevant 70 requirements of the procurement; and 71
(vii) Any arbitrary action in the procurement process. 72
(d) The city shall conduct procurements in a manner that prohibits the use of 73 statutorily or administratively imposed state or local geographical preferences in 74 the evaluation of bids or proposals, except in those cases where applicable federal 75 statutes expressly mandate or encourage geographic preference. Nothing in this 76
paragraph preempts state licensing laws. When contracting for architectural and 77
engineering services, geographic location may be a selection criterion, provided its 78
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application leaves an appropriate number of qualified firms, given the nature and 79 size of the project, to compete for the contract. 80
(e) All solicitations shall: 81
(i) Incorporate a clear and accurate description of the technical requirements for 82 the material, product, or service to be procured. Such description must not 83 contain features which unduly restrict competition. The description may include 84 a statement of the qualitative nature of the material, product, or service to be 85
procured and, when necessary, must set forth those minimum essential 86
characteristics and standards to which it must conform if it is to satisfy its 87 intended use. Detailed product specifications should be avoided if at all 88 possible. When it is impractical or uneconomical to make a clear and accurate 89 description of the technical requirements, a “brand name or equivalent” 90
description may be used as a means to define the performance or other salient 91
requirements of procurement. The specific features of the named brand which 92 must be met by offers must be clearly stated; and 93
(ii) Identify all requirements which the offerors must fulfill and all other factors 94 to be used in evaluating bids or proposals. 95
(f) The city shall ensure that all prequalified lists of persons, firms, or products 96
which are used in acquiring goods and services are current and include enough 97 qualified sources to ensure maximum open and free competition. 98
(g) The city shall not preclude potential bidders from qualifying during the 99 solicitation period. 100
(h) Noncompetitive procurements may only be awarded in accordance with 2 CFR 101
320(c). 102
(7) Methods of procurement to be followed. 103
(a) Informal procurement methods. When the value of the procurement for property 104 or services under a federal award does not exceed the “simplified acquisition 105
threshold” (SAT), as defined in 2 CFR 200.1, formal procurement methods are not 106
required. The city may use informal procurement methods to expedite the 107 completion of its transactions and minimize the associated administrative burden 108 and cost. The informal methods used for procurement of property or services at or 109 below the SAT include: 110
(i) Micro-purchases. 111
(1) Distribution. The acquisition of supplies or services, the aggregate dollar 112 amount of which does not exceed the micro-purchase threshold set forth in 113 2 CFR 200.1. To the maximum extent practicable, the city shall distribute 114 micro-purchases equitably among qualified suppliers. 115
(2) Awards. Micro-purchases may be awarded without soliciting 116
competitive price or rate quotations if the city considers the price to be 117 reasonable based on research, experience, purchase history, or other 118 information, and documents it files [HN1]accordingly. 119
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(3)Thresholds. The city is responsible for determining and documenting an 120 appropriate micro-purchase threshold based on internal controls, an 121
evaluation of risk, and its documented procurement procedures. The micro-122
purchase threshold used by the city must not be prohibited under state or 123 local laws or regulations. 124
(ii)Small purchases.125
(1)Small purchase procedures. Small purchase procedures may be used for126
the acquisition of property or services, the aggregate dollar amount of which 127
is higher than the micro-purchase threshold but which does not exceed the 128 simplified acquisition threshold. If small purchase procedures are used, 129 price or rate quotations must be obtained from an adequate number of 130 qualified sources as determined appropriate by the city. 131
(2)Simplified acquisition thresholds. The city is responsible for132
determining an appropriate simplified acquisition threshold based on 133 internal controls, an evaluation of risk and its documented procurement 134 procedures which must not exceed the threshold established in the Federal 135 Acquisition Regulations. A lower simplified acquisition threshold used by 136
the city must be not be prohibited under state or local laws or regulations. 137
(b)Formal procurement methods. When the value of the procurement for property138 or services under a federal financial assistance award exceeds the SAT, or a lower 139 threshold established by the city, formal procurement methods are required. Formal 140 procurement methods require following documented procedures. Formal 141
procurement methods also require public advertising unless a non-competitive 142
procurement can be used in accordance with 2 CFR 200.319 or paragraph (c) of 143 this section. The following formal methods of procurement are used for 144 procurement of property or services above the SAT: 145
(i)Sealed bids. A procurement method in which bids are publicly solicited and146
a firm fixed-price contract (lump sum or unit price) is awarded to the 147
responsible bidder whose bid, conforming with all the material terms and 148 conditions of the invitation for bids, is the lowest in price. 149
(1) In order for sealed bidding to be feasible, the following conditions150 should be present: 151
(A) A complete, adequate, and realistic specification or purchase152
description is available; 153
(B) Two or more responsible bidders are willing and able to compete154 effectively for the business; and 155
(C) The procurement lends itself to a firm, fixed-price contract and the156
selection of the successful bidder can be made principally on the basis 157
of price. 158
(2) If sealed bids are used, the following requirements apply:159
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(A) Bids must be solicited from an adequate number of qualified 160 sources, providing them sufficient response time prior to the date set for 161
opening the bids, and the invitation for bids must be publicly advertised; 162
(B) The invitation for bids, which will include any specifications and 163 pertinent attachments, must define the items or services in order for the 164 bidder to properly respond; 165
(C) All bids will be publicly opened at the time and place prescribed in 166
the invitation for bids; 167
(D) A firm fixed-price contract award will be made in writing to the 168 lowest responsive and responsible bidder. Where specified in bidding 169 documents, factors such as discounts, transportation cost, and life cycle 170 costs must be considered in determining which bid is lowest. Payment 171
discounts will only be used to determine the low bid when prior 172
experience indicates that such discounts are usually taken advantage of; 173 and 174
(E) Any or all bids may be rejected if there is a sound documented 175 reason. 176
(ii) Proposals. A procurement method in which either a fixed-price or cost-177
reimbursement type contract is awarded. Proposals are generally used when 178 conditions are not appropriate for the use of sealed bids. They are awarded in 179 accordance with the following requirements: 180
(1) Requests for proposals must be publicized and identify all evaluation 181
factors and their relative importance. Proposals must be solicited from an 182
adequate number of qualified sources. Any response to publicized requests 183 for proposals must be considered to the maximum extent practical; 184
(2) The city shall include in the request for proposal a written method for 185 conducting technical evaluations of the proposals received; 186
(3) Contracts must be awarded to the responsible offeror whose proposal is 187
most advantageous to the city, with price and other factors considered; and 188
(4) The city may use competitive proposal procedures for qualifications-189 based procurement of architectural/engineering (A/E) professional services 190 whereby competitors' qualifications are evaluated and the most qualified 191
competitor is selected, subject to negotiation of fair and reasonable 192
compensation. The method, where price is not used as a selection factor, 193 can only be used in procurement of A/E professional services. It cannot be 194 used to purchase other types of services though A/E firms that are a potential 195 source to perform the proposed effort. 196
(c) Noncompetitive procurement. Noncompetitive procurement may be used only 197
when one or more of the following circumstances apply: 198
(i) The acquisition of property or services, the aggregate dollar amount of which 199 does not exceed the micro-purchase threshold; 200
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(ii) The item is available only from a single source; 201
(iii) The public exigency or emergency for the requirement will not permit a 202
delay resulting from publicizing a competitive solicitation; 203
(iv) The federal awarding agency or pass-through entity has expressly 204 authorized in writing a noncompetitive procurement in response to a written 205 request from the city; or 206
(v) After solicitation of a number of sources, competition is determined 207
inadequate. 208
(8) Contracting with small and minority businesses, women's business enterprises, and 209
labor surplus area firms. 210
(a) The city shall take all necessary affirmative steps to assure that minority 211 businesses, women's business enterprises, and labor surplus area firms are used 212
when possible. 213
(b) Affirmative steps shall include: 214
(i) Placing qualified small and minority businesses, and women's business 215 enterprises on solicitation lists; 216
(ii) Assuring that small and minority businesses, and women's business 217
enterprises are solicited whenever they are potential sources; 218
(iii) Dividing total requirements, when economically feasible, into smaller tasks 219 or quantities to permit maximum participation by small and minority 220 businesses, and women's business enterprises; 221
(iv) Establishing delivery schedules, where the requirement permits, which 222
encourage participation by small and minority businesses, and women's 223
business enterprises; 224
(v) Using the services and assistance, as appropriate, of such organizations as 225 the Small Business Administration and the Minority Business Development 226 Agency of the Department of Commerce; and 227
(vi) Requiring the prime contractor, if subcontracts are to be let, to take the 228
affirmative steps listed in paragraphs (b)(i) through (v) of this subparagraph. 229
(9) Domestic preferences for procurements. 230
(a) As appropriate and to the extent consistent with law, the city shall, to the greatest 231 extent practicable under a federal award, provide a preference for the purchase, 232
acquisition, or use of goods, products, or materials produced in the United States 233
(including but not limited to iron, aluminum, steel, cement, and other manufactured 234 products). The requirements of this section must be included in all subawards, 235 including all contracts and purchase orders for work or products under the award. 236
(b) For purposes of this paragraph 9: 237
(i) “Produced in the United States” means, for iron and steel products, that all 238
manufacturing processes, from the initial melting stage through the application 239 of coatings, occurred in the United States. 240
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(ii)“Manufactured products” means items and construction materials composed 241 in whole or in part of non-ferrous metals such as aluminum; plastics and 242
polymer-based products such as polyvinyl chloride pipe; aggregates such as 243
concrete; glass, including optical fiber; and lumber. 244
(10)Procurement of recovered materials.245
The city and its contractors shall comply with section 6002 of the Solid Waste 246 Disposal Act, as amended by the Resource Conservation and Recovery Act. The 247
requirements of Section 6002 include procuring only items designated in guidelines 248
of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the 249 highest percentage of recovered materials practicable, consistent with maintaining 250 a satisfactory level of competition, where the purchase price of the item exceeds 251 $10,000 or the value of the quantity acquired during the preceding fiscal year 252
exceeded $10,000; procuring solid waste management services in a manner that 253
maximizes energy and resource recovery; and establishing an affirmative 254 procurement program for procurement of recovered materials identified in the EPA 255 guidelines. 256
(11)Contract cost and price.257
(a) The city shall perform a cost or price analysis in connection with every258
procurement action in excess of the SAT, including contract modifications. The 259 method and degree of analysis is dependent on the facts surrounding the particular 260 procurement situation; however, as a starting point, the city shall make independent 261 estimates before receiving bids or proposals. 262
(b) The city shall negotiate profit as a separate element of the price for each contract263
in which there is no price competition, and in all cases where cost analysis is 264 performed. To establish a fair and reasonable profit, consideration must be given to 265 the complexity of the work to be performed, the risk borne by the contractor, the 266 contractor's investment, the amount of subcontracting, the quality of its record of 267
past performance, and industry profit rates in the surrounding geographical area for 268
similar work. 269
(c) The city shall not allow costs or prices based on estimated costs for contracts270 under the federal award. 271
(d) The city shall not use the cost plus a percentage of cost or percentage of272
construction cost methods of contracting. 273
(12)Federal awarding agency or pass-through entity review.274
(a) The city shall make available, upon request of the federal awarding agency or275 pass-through entity, technical specifications on proposed procurements where the 276 federal awarding agency or pass-through entity believes such review is needed to 277
ensure that the item or service specified is the one being proposed for acquisition. 278
(b) The city shall make available, upon request of the federal awarding agency or279 pass-through entity, pre-procurement documents, such as requests for proposals, 280 invitations for bids, or independent cost estimates, for review when: 281
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(i) The city's procurement procedures or operation fails to comply with relevant 282 procurement standards; 283
(ii) The procurement is expected to exceed the SAT, and is to be awarded 284
without competition or only one bid or offer is received in response to a 285 solicitation; 286
(iii) The procurement, which is expected to exceed the SAT, specifies a “brand 287 name” product; 288
(iv) The proposed contract is more than the SAT and is to be awarded to a firm 289
other than the apparent low bidder under a sealed bid procurement; or 290
(v) A proposed contract modification changes the scope of a contract or 291 increases the contract amount by more than the SAT. 292
(c) The city is exempt from the pre-procurement review in paragraph (b) above if 293
the federal awarding agency or pass-through entity determines that its procurement 294
systems comply with all relevant standards. 295
(i) The city may request that its procurement system be reviewed by the federal 296 awarding agency or pass-through entity to determine whether its system meets 297 these standards in order for its system to be certified; 298
(ii) The city may self-certify its procurement system. Such self-certification 299
must not limit the federal awarding agency's right to survey the system. Under 300 a self-certification procedure, the federal awarding agency may rely on written 301 assurances from the city that it is complying with these standards. The city must 302 cite specific policies, procedures, regulations, or standards as being in 303
compliance with these requirements and have its system available for review. 304
(13) Bonding requirements. Unless the federal awarding agency or pass-through entity 305 has accepted other bonding policies and requirements, the following requirements shall 306 apply: 307
(a) A bid guarantee from each bidder equivalent to five percent of the bid price. 308
The “bid guarantee” must consist of a firm commitment such as a bid bond, certified 309
check, or other negotiable instrument accompanying a bid as assurance that the 310 bidder will, upon acceptance of the bid, execute such contractual documents as may 311 be required within the time specified. 312
(b) A performance bond on the part of the contractor for 100 percent of the contract 313
price. A “performance bond” is one executed in connection with a contract to secure 314
fulfillment of all the contractor's requirements under such contract. 315
(c) A payment bond on the part of the contractor for 100 percent of the contract 316 price. A “payment bond” is one executed in connection with a contract to assure 317 payment as required by law of all persons supplying labor and material in the 318
execution of the work provided for in the contract. 319
(14) Contract provisions. The city's contracts must contain the applicable provisions 320 contained in Appendix II to 2 CFR Part 200. 321
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Section 7, Item c.
SECTION THREE. Codification. It is the intent of the City Commission of the City of 322 Flagler Beach that the provisions of this Ordinance shall be codified. The codifier is granted 323
broad and liberal authority in codifying the provisions of this Ordinance. 324
325 SECTION FOUR. Conflicts. In any case where a provision of this Ordinance is found to 326 be in conflict with the provisions of any other ordinance of this City, the conflicting 327 provisions of the previous ordinance shall be repealed and superseded by this Ordinance. 328
329 SECTION FIVE. Effective date. This Ordinance shall take effect immediately upon 330 adoption as provided by the Charter of the City of Flagler Beach. 331 332 PASSED ON FIRST READING THIS ___________DAY OF MARCH, 2024. 333
334
PASSED AND ADOPTED THIS X DAY OF APRIL, 2024. 335 336 337 CITY OF FLAGLER BEACH, FLORIDA 338
CITY COMMISSION 339
340 ____________________________________ 341 Patti King, Mayor 342 ATTEST: 343
344
____________________________ 345 Penny Overstreet, City Clerk 346 347 348
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