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2011-06-211 CITY OF OKEECHOBEE DUNE 21, 2011 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 5 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II CALL TO ORDER - Mayor: June 21, 2011, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by the Very Reverend Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Five -Year Longevity Service Award to Betty Clement Mayor Kirk called the June 21, 2011, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by the Very Reverend Edward Weiss of Church of Our Saviour; the Pledge was led by Mayor Kirk. Deputy Clerk Jahner called the roll: Present Absent Present Present Present Present Absent Absent Present Present Present Present Mrs. Betty Clement graciously accepted a framed Certificate of Longevity Service and a cross pen with her name engraved on it, for her five years and dedication as an employee with the City. Mayor Kirk read the certificate as follows: "Longevity Service Certificate - Presented To - Betty Clement - In Appreciation for Your 5 Years of Hard Work and Dedication with the City of Okeechobee, June 16, 2006 through June 16, 2011, Service is the lifeblood of any organization. Everything flows from it and is nourished by it. The City and Your Fellow Citizens have Benefltted Greatly by Your Performance." JUNE 21, 2011 - REGULAR MEETING - PAGE 2 OF 5 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Proclaim the week of June 19 through June 25, 2011 as Mayor Kirk proclaimed the week of June 19 through 25, 2011 as "Okeechobee Kiwanis Club Week." The following "Okeechobee Kiwanis Club Week" in honor of the Club's 401h proclamation was read in its entirety for the record as follows: "WHEREAS, Kiwanis is a worldwide voluntary Anniversary service organization with members working together to achieve what individuals cannot do alone; and WHEREAS, the motto of Kiwanis is "SERVING THE CHILDREN OF THE WORLD" with major emphasis on "Young Children, Priority One"; and WHEREAS, the Okeechobee Kiwanis Club was founded on June 17,1971 with 25 chartermembers; and WHEREAS, the Okeechobee Kiwanis Club was the first service organization to give scholarships to graduating high school students and teacher mini -grants through the Educational Foundation; and WHEREAS, through the years the Okeechobee Kiwanis Club has sponsored or supported many civic and youth activities. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the week of June 19 through June 25, 2011 as "OKEECHOBEE KIWANIS CLUB WEEK" in honor of the Club's 40' Anniversary and encourage all citizens to participate in future Club activities." Greg Thogersen, President of Okeechobee Kiwanis accepted the V. MINUTES - City Clerk. proclamation. A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the May Council Action for the May 17, 2011 Regular Meeting - City Clerk. 17, 2011 Regular Meeting; seconded by Council Member Watford. There was no discussion on this item. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA VI. WARRANT REGISTER - City Administrator. WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Motion to approve the May 2011 Warrant Register: Council Member Watford moved to approve the May 2011 Warrant Register, in the amounts: General Fund, two hundred eighty-five thousand, sixty-five dollars and ninety-nine cents ($285,065.99); Capital Improvement Projects General Fund ................................ $285,065.99 Vehicle Fund, four hundred thousand, one hundred fourteen dollars and thirteen cents ($400,114.13); Public Facilities Capital Improvement Projects Vehicle Fund ......... $400,114.13 Improvement fund, eleven thousand, eight hundred sixty-two dollars and twenty-four cents ($11,862.24); and Capital Public Facilities Improvement Fund ............... $ 11,862.24 Improvement Projects Fund -Impact Fees, two thousand two hundred thirty-two dollars and zero cents ($2,232.00); Capital Improvement Projects Fund -Impact Fee Fund . $ 2,232.00 seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA VII. AGENDA - Mayor. WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. JUNE 21, 2011 - REGULAR MEETING - PAGE 3 OF 5 1 I II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II VIII. NEW BUSINESS. A. Legislative update of the last Legislative Session - State Representative Steve Perman (Exhibit 1). B. Motion to adopt proposed Resolution No. 11-04, FDOT Maintenance Agreement - City Attorney (Exhibit 2). State Representative Steve Perman thanked the Council for this opportunity to give an update of the outcome of the 2011 Legislative Session. He explained that he took a proactive stance on a variety of issues, such as the budget, growth management, education, economic development, the environment and Medicaid. There was a forum discussion between Representative Perman and Council. Council thanked him for his time. Council Member Watford moved to adopt proposed Resolution No.11-04 FDOT Maintenance Agreement; seconded by Council Member Williams. Mayor Kirk read proposed Resolution No. 11-04 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MAINTENANCE AGREEMENT(REGARDING MAINTENANCE OF TRAFFIC, ROADSIDEMOW►NG, ROADSIDELITTER REMOVAL, ROADAND BRIDGE SWEEPING, EDGINGAND SWEEPING) WITH THE STATE OFFLORIDA DEPARTMENT OF TRANSPORTATION, PROVIDING FOR AN EFFECTIVE DATE." It was discussed that this contract was a decrease from previous contracts and Administrator Whitehall explained that the Florida Department of Transportation (FDOT) justified their decrease being due to the economic hardship. Council was not pleased, but at least the City will get some assistance and compensation. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. Motion to adopt proposed Resolution No. 11-05 confirming the City Council Member Watford moved to adopt proposed Resolution No. 11-05 confirming the City of Okeechobee's of Okeechobee to participate in the Okeechobee County Disaster participation in the Okeechobee County Disaster Recovery Enhancement Fund (DREF) Grant; seconded by Council Recovery Enhancement Fund (DREF) Grant - Debbie Roumelis Member Williams. Belcher, Okeechobee County Grant Consultant (Exhibit 3). Mayor Kirk read proposed Resolution No. 11-05 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REQUESTING THE OKEECHOBEE COUNTYBOARD OFCOUNTYCOMMISSIONERS TO ADDRESS DEMOLITIONICLEARANCE AND HOUSING NEEDS." Ms. Debbie Belcher, County of Okeechobee Grant Consultant, was present and informed that the county has received a disaster recovery grant for one hundred seventy-four thousand dollars ($174,000.00), and would like to utilize these funds County -wide including the City. These funds will be used to clean up code enforcement cases, rehabilitation of eA JUNE 21, 2011 - REGULAR MEETING - PAGE 4 OF 5 AGENDA Vill. NEW BUSINESS CONTINUED. C. Motion to adopt proposed Resolution No. 11-05 continued COUNCIL ACTION - DISCUSSION - VOTE houses, rentals, and buying houses which can be sold and reinvested. She also remarked that the County has received a grant for the Hardest Hit Program, which is to assist those homeowners who are in the process of losing their homes, but not in foreclosure, due to loss of employment or reduction of employment. Council Member Watford asked whether the list of areas of concern the City submitted for the DREF grant qualified. Ms. Belcher replied that she is having to review each one on a case by case basis and is still checking details. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Motion to approve staff recommendation to enter into a contract in Council Member Watford moved to approve staff recommendation to enter into a contract in the amount of $95,000.00 the amount of $95,000 with Nancy Phillips & Associates as Grant with Nancy Phillips & Associates as Grant Administrator for the 2010 CDBG Housing Grant; seconded by Council Administrator for the 2010 CDBG Housing Grant. I Member O'Connor. Administrator Whitehall informed the Council that the City was approved for the seven hundred thousand dollar ($700,000.00) 2010 CDBG Housing Grant and this was the next step in the process. The City advertised for a grant consultant and received 3 bids: Nancy Phillips and Associates, Roumelis Planning and Development Services and Guardian Community Research Management. Since the proposed contract had just been received, Council Member Williams asked whether the approval should be contingent upon the review of the City Attorney. Administrator Whitehall replied that was fair, as he had some areas of concern. Council Member Watford moved to amend approval upon the contingency of the approval �y the City Attorney and the resolution of questions by the City Administrator. VOTE ON MOTION TO AMEND KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. JUNE 21, 2011 - REGULAR MEETING - PAGE 5 OF 5 AGENDA XI. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST:.. Dowling R. Watford, Jr. Mayor Pro-Tempore is Lane Camiotea, CIVIC, City Clerk i COUNCIL ACTION - DISCUSSION - VOTE There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 7:04 p.m. The next regular scheduled meeting is July 19, 2011 at 6:00 p.m. I. CALL TO ORDER - Mayor Kirk June 21, 2011, City Council II. OPENING CEREMONIES: Invocation given by the Very Pledge of Allegiance led by t Ill. MAYOR, COUNCIL AND ST, Mayor James E. Kirk - Council Member Devin Mli Council Member Mike O'Conr Cog_ gg Member Dowling R. V Council Member Clayton Willi City Administrator Brian WhitE City Attorney John R. Cook - City Clerk Lane Gamiotea - Deputy Clerk Melisa Jahner - Polic� e Chief Denny Davis - v Fire Chief Herb Smi - v' ublEliic Works Director Donnie IV. PRESENTATIONS AND PROt A. Mayor Kirk presented a Lon Ci 0 chobee. She reciate or your five-j /111 Service is the lifeblood of your fell9w citizens Dave CITY OF OKEECHOBEE 21, 2011 RE OU OUj�ICIL ETING TEN MINUTES - lar Meeting, at p.m. -end Edward Weiss of Church of Our Saviour; Kirk. TTENDANCE - City Clerk. - 1-- • ty Service Award to Betty Clement, for her five years of employment with the presented with a personalized cross pen and certificate, which read: "in s of hard work and dedication, June 16, 2006 through June 16, 2011. organization. Everything flows from and is nourished by it. The City and eflded greaady by your performance. B. Mayor Kirk proclaimed the week of June 19 through June 25, 2011 as "Okeechobee Kiwanis Club Week" and read the proclamation in its itirety as follows: WHEREAS, Kiwanis is a worldwide voluntary service organization with members working together to achieve what individuals cannot do alone; and WHEREAS, the motto of Khm inis is "SERVING THE CHILDREN OF THE WORLD" with major emphasis on "Young Children, Priori One"; and WHEREAS, the Okeechobee Kiwanis Club was founded on June 17, 1971 with 25 chart members; and WHEREAS, the Okeechobee Klwanis Club was the first service organization to give cholarships to graduating high school students and teacher mini -grants through the Educational Fou dation; and WHEREAS, through the years the Okeechobee Kiwanis Club has sponsored or supported many civic and youth activities. NOW THEREFORE,1, James E. Kirly by virtue of the authority ves In me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the week of June 19 through, lune 25, 2011 as "OKEECHOBEE KIWANIS CLUB WEEK" in honor of the Club's 400 Anniversary and encourage all citizens to participate in future Club activities. C V. A. MINUTES - City Clerk Council Member Action for the May 17, 2011 0 moved to dispense with the reading and approveummary of Council e Regular Meeting; seconded by Council Member A VOTE Al le VI. A. VII. A. KIRK - YEA WATFORD - YEA Warrant Register - City Ad i Council Member General Fund, two hundred Improvement Projects Vehicle ($400,114.13); Public Facil twenty-four cents ($11,862 hundred thirty-two dollars a Thew_wa&fl AGENDA - Mayor Mayor Kirk asked whether there agenda? MAXWELL - WI O' WILLIAMS - YEA OTION CARRIED. i rator. moved approve the May 2011 Warrant Register, in the amounts: five thousand, sixty-five dollars and ninety-nine cents ($285,065.99); Capital Fund, four hundred thousand, one hundred fourteen dollars and thirteen cents ties Improvement fund, eleven thousand, eight hundred sixty-two dollars and 24); and Capital Improvement Projects Fund -Impact Fees, two t usand two d zero cents ($2,232.00); seconded by Council Member — &er yp � YAQ f L&et P/ llr� a&AhXtX , were any requests for the addition, deferral or withdrawal of items on today's VII. A. NEW BUSINESS. Legislative update of the L t Legislative Session - State Representative Steve Perman (Exhibit 1). k GcJ - Ak. zn- #7,� , il t4--k S o Ca r r� e c o7eR-.) roro , t �G % , , et al J,67V 1 bry 14 (ew Pert o w— lb,�, ra B. Council Member moved to ado proposed Resolution No. 11-04FDOT Maintenance Agreement; secondedqbyCcil Member City Attorney (Exhibit 2). M OKEECHOB : FLORIDA, / AGREEMENT (REGARD! REMOVAL, ROADANDB DEPARTMENT NS tion No.11-04 by title only as follows: " FTHECITYOF AUTHOR ACCEPTANCE OFA MAINTENANCE MAIN T F TRAFFIC, AWIAIf�.-�O DSIDE LITTER WEEPING, EDGINGANDSWEEPING) WITHTHE STAORIDA ORTATION; PROVIDING FOR AN EFFECTIVE DATE." Feu D� VOTE KIRK - YEA WATFORD - YEA C. Council Member Okeechobee to participate ib seconded by Council Member Consultant (Exhibit 3). MAXWELL -)tE'A O'CONNOR - YEA WILLIAMS - YEA MOTION CARRIED moved to adopt proposed Resolution No. 11-05 confirming the City of the Okeecho ee County Disaster Recovery Enhancement Fund (DREF) Grant; PU4 -Debbie Roumelis Belcher, Okeechobee County Grant liu — ZAP LIU pz�tJ: — c-ate _ 1 Adz VOTE KIRK - YEA WATFORD - YEA MAXWELL -YEA ' WILLIAMS - YEA MOTION CARRIED. i ! • ',• fill ' i •'i • i 1 • 'i • i - ! / is • • i' f� fj ' • i WMAR 1 1, .r i WATFORD - YEA IX ADJOURN MEETING - Mayor. There being no further items on the II 11 WILLIAMS - YEA MOTION CARRIED. 1' 1. Mayor Kirk adjourned the meeting at 7, , 11V p.m. The next meeting will " NDEPENE NSWSPAPEIRS OKEEC'HOBEE NEWS 107 S. W- 17th Street, Suite D, Okeechobee, FL 34974 STATE OF FLORIDA COUNTY OF OKEECHOBEE j I Before the undersigned authority pe sonally appeared Tom Byrd, who on oath says e is Publisher of the Okeechobee News, a three times week Newspaper published at Okeechobee, �n Okeechobee County, Florida, that thv aitached copy of advertisement being aw L .,- ; w.. ti, in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was publihed in said newspaper in the issues of._- d h i � Affiant further says that the said Okeechobee News is a newspaper published at Okeechobe r, in said Okeechobee County, Florida, and that s1rid newspaper has heretofore been published continuously in said Okeechobee County, Florida each week Viand has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee Count, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, a d affiant fur- ther says that she has neither paid nor p omised any person, firin or corporation any discoun , rebate, com- mission or refund for the purpose of sec ring this advertisement, rUr pt76Titiory in the said newspaper. ✓t Toin Byrd Sworn to and subscribed before rifle this day of _�t ,IFSV AD Notary Public, State of Florida at Large l NOT2X LTC A Angie Idges :Commission #DD7797IS .'.•' Expires; APR. 20, 2012 11ONi3ED TIIRU ATLANTIC BONDING CO., INC. (863) 763-3134 '""-1 LED CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the June 7, 2011, City of Okeec City Couneii Meeting has been Cancelled. The next regularly sch( 3rdeAve, Rlm 200,l be rTuesday June 21, Okeechobee Morida.O11, The puublie s inat Cvited andlfei aged to attend. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic recorc certified court reporter will be made of the foregoing meeting. Accorc any person who may seek to appeal any decision involving the matter ticed herein will be responsible for making a verbatim record or the Les ny and evidence at said meeting upon which any appeal is to be b Please contact City Administration at �o_M 863-763-3372, or website yr _ �hrofnk o-�.to obtain a Copy of the agenda. In accordance with the Americans with Disabilities Act (ADA) of 1490 sons needing special accommodation to participate in this proceE should contact the City Clerks Office at 863-763-3372 for assistance. try: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk 388605 ON 6/3/2011 CITY OF OKEECHOBEE JUNE 21, 2011 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 2 CALL TO ORDER- MAYOR: June 21, 2011, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor A. Present a Five -Year Longevity Service Award to Betty Clement. B. Proclaim the week of June 19 through June 25, 2011 as "Okeechobee Kiwanis Club Week" in honor of the Club's 40' anniversary. June 21, 2011 PAGE 2 OF 2 V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the May 17, 2011 Regular Meeting - City Clerk. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the May 2011 Warrant Register. General Fund $285,065.99 Capital ProjectsNehicle Fund $400,114.13 Public Facilities Fund $ 11,862.24 Capital Project Impact Fees $ 2,232.00 VII. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. NEW BUSINESS. A. Legislative update of the last Legislative Session - State Representative Steve Perman (Exhibit 1). B. Motion to adopt proposed Resolution No. 11-04, FDOT Maintenance Agreement - City Attorney (Exhibit 2). C. Motion to adopt proposed Resolution No. 11-05 confirming the City of Okeechobee to participate in the Okeechobee County Disaster Recovery Enhancement Fund (DREF) Grant - Debbie Roumelis Belcher, Okeechobee County Grant Consultant (Exhibit 3). D. Motion to approve staff recommendation to enter into a contract in the amount of $95,000 with Nancy Phillips & Associates as Grant Administrator for the 2010 CDBG Housing Grant. IX. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Clerk Illivau Pur �e��v Glen2F 9 Office of the Mayor lo Okeechobee, Notida HWEP-EAS, Kiwanis is a worldwide voluntary service organization with members working together to achieve what individuals cannot do alone; and WHEREAS, the motto of Kiwanis is "SERVING THE CHILDREN OF THE WORLD" with major emphasis on "Young Children, Priority One",- and WHEREAS, the Okeechobee Kiwanis Club was founded on June 17,1971 with 25 charter members; and WHEREAS, the Okeechobee Kiwanis Club was the first service organization to give scholarships to graduating high school students and teacher mini -grants through the Educational Foundation; and WHEREAS, through the years the Okeechobee Kiwanis Club has sponsored or supported many civic and youth activities. NOW771EREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the week of June 19 through June 25, 2011 as "OKEECHOBEE IOWAMS CLUB WEEK" in honor of the Club's 40t' Anniversary and encourage all citizens to participate in future Club activities. In witness whereof have hereunto set my hand and caused this seal to be affixed. Attest: James E. Kirk, Mayor Lane Gamiotea, City Clerk Date: June 21, 2011 Jun 01 2011 12:OOPM Rep. Steve Perman 772-595-1392 EkBIBIT 1 dbriE 21,2011 FLORIDA HOUSE OF REPRESENTATIVES Dr. Steve Perman District 78 100 N. US Highway 1, Fort Pierce, FL 34950 Telephone: 772-595-1391 Fax: 772-595-1392 Email: steve.perman@myfloridahouse.gov TO: Robin Brock I FROM: Tangie Jennings COMPANY: City of Okeechobee Adm. DATE: June 1, 2011 RE: Agenda Item Request Form —PAGES: 2 (including coversbeet) ❑ URGENT 0 FOR REVIEW M PLEASE COMMENT F-1 PLEASE REPLY [:] PLEASE RECYCLE Good morning Robin, here is the request form for Mr. Perman to appear before the Council on June 21, 2011 to give a Legislative Update of this past Session. If you need any more information, please feel free to call. Thanks and have a great day! Jun 01 2011 12:OOPM Rep. Steve Perman 772-595-1392 page 2 CITY CIF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM. REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO. CITY ADMINISTRATOWS OPPICE SS SE3RD AVENUE OKEECHOBEI j FLORIDA 34974 NAME: -Cable Y ADDRESS: Ghr4- Ont ojrr 4*-,3f9JT TEL EPH ONE: 7.2's�3"-1 9� FAX: ! ` i.7 " 43 72 MEETING: REGULAR t!s SPECIAL 0 WORKSHOP Cl DATE: ------------- PLEASE STATIJ THE ITEM YOU WISH TO HELVE PLACED ON TH CITY COU CIL ACENIDA: _-�WIL4--errs ----- - -------------- --_______----------------_-_ PLEASE STATE W HAT DEPARTM ENT(S) YO U HAVE WORKED W ITH: ---- --------------------- ---- --__ PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL. - ----------------—_ _------- ------------- PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF A P"SENTATION IS TO BE MADE, PLEASE LIMIT THE TIME TO TEN MINUTES UNLESS OTHERWISE APPROVED BY THE MAYOR. SIGNED BY: CI'1'1" �. �?S0 1 - DATE: MAY LUII LCl71Jl,hliv,a %JA --- BUDGET After numerous weeks of deliberation, the state budget was passed along a party -line vote in the final hours of the session. Taking into account the grim reality of our financial picture, the legislature selectively provided crucial funding for some important projects. However, the budget, in my opinion, failed to meet the overall needs of Floridians and did very little to stimulate job growth. Arguably, not a single new job was created as a result of this budget and nearly 5,000 positions will be eliminated. Some argue that we balanced the budget without raising taxes, but that opinion fails to point out that the reduced spending plan relies, in part, upon savings from a salary reduction in the form of a contribution to pension by state employees. I consider this to be a personal tax of 3 percent on teachers, firefighters, police officers and hundreds of thousands of government employees who are participants in the Florida Retirement System. The $69.1 billion spending plan is balanced on lopsided priorities. It cuts spending on everything from public schools to affordable housing and environmental protection, allowing multi -state and multi -national corporations to pay less than their fair share. The budget raids millions of dollars from state trust funds intended to pay for priorities such as road construction, environmental land purchases, affordable housing, and fighting fraud. It also freezes spending for Florida Forever Program, the state's land -buying program, and reduces spending towards Everglades restoration. Dear Friends & Neighbors: "First and foremost, thank you for the honor of allowing me to serve in the Florida House of Representatives; I deeply appreciate your vote of confidence. After listening to your concerns I looked forward to my first legislative term with great enthusiasm and high expectations. Facing an unprecedented budget deficit and an anticipated continued decline in state revenues, I knew that passing a meaningful budget would not be an easy task. The 2011 Legislative Session was, to say the least, very challenging.. Each day of the nine -week session, 1 was reminded that Floridians, regular folks like you and me, remain concerned about the economy, and that it was crucial for our state to focus on job creation and cutting unnecessary spending. 1 took a proactive stance on a variety of issues, such as the budget, growth management, education, economic development, the environment, and Medicaid, trying to develop and support effective and innovative solutions to the many serious concerns our state is facing. I proudly sponsored several bills and fought to protect your interests. Unfortunately, there were some legislative prerogatives that I was unable to support since they provided partial solutions while causing or worsening problems in other areas. Such is the nature of the legislative process: bills often contain such a complex variety of components that we usually have to weigh the good and the bad in each of them. At the center of most controversies, was the debate over huge cuts in funding to a number of programs that would adversely affect education, our senior citizens and the most vulnerable who rely on financial assistance. In conclusion, I am concerned that by cutting funding for Medicaid, reimbursement rates for hospitals and nursing homes, health departments, and non -emergency transportation, the budget will cause hardship for those who need assistance the most. ............................... 1 hope you find this legislative update to be a useful source of information on wha transpired during the 2011 Session. If you have any questions or would like to discus: any of the issues, please call my office at (561) 470-6596 or send me an email stee perman(cDmyfloridahouse.gov. Know for sure, my office continues to have an open-door policy for all of m, constituents. My staff and 1 stand ready to be of assistance to you every day." Sincerely, V&ye ✓evnaa, .7 e. ECONOMIC DEVELOPMENT EDUCATION Floridians have endured tough times lately and As a matter of principal, I believe that if we aspire to succeed as a state, it is essential to help the economy has presented major challenges for our children to get the best possible education. A quality education is the cornerstone to many citizens and small businesses. Today, more than of life's opportunities. 1 million Floridians are out of work. I believe reforms may be needed to the state's Unemployment Compensation system, but several revisions by the Legislature did not get my support. The Legislature cut the eligibility period for jobless benefits from 26 weeks to a sliding scale of between 12 and 23 weeks depending on the state's unemployment rate. Rather than focusing on much -needed improvement to our state's antiquated tax structure and closing tax loopholes, it seems to me the Legislature primarily focused on major tax breaks for certain large businesses and the wealthy. In addition the reluctance to add revenue in any form resulted in a failure to consider non - tax revenue sources that were presented for consideration but were ultimately ignored. An economic development package that provides $126 million in incentives to some businesses was approved. Fortunately, the plan continues a sales tax holiday — even if it's only for three days this year — on clothing, shoes, and school supplies. rrrrrrrrrrrrrrrrrrrrrrrrrrrrrr■ ENVIRONMENT In light of the tremendous growth Florida has seen over the decades, past and present legislators have been working diligently to preserve Florida's natural beauty and fragile ecology through the purchase and preservation of vulnerable lands all over our great state. Each year, millions of dollars have been appropriated to the Florida Forever Program, whose main purpose has been to acquire and safeguard environmentally sensitive land and historic and cultural sits. Unfortunately, this year several bills were passed that favor financial interests over environmental protection — a somewhat unexpected outcome given the widespread public attention to Florida's diverse and unique ecosystem, which suffered greatly, following last year's Deepwater Horizon disaster. The Florida Forever Program has been defunded in the new budget. Deep budgetary cuts and an overhaul of the state's growth management laws, despite some useful provisions, in my estimation, will likely weaken and undermine decades of thoughtful statewide qrowth management oolicv. I share the Regrettably, deep cuts of $1.35 billion to public school funding will have a negative effect on education. Raising standards, demanding accountability and offering innovative opportunities are widely supported approaches toward attaining higher student success. However, I have found that in Tallahassee legitimate debates on education reform have been reduced to political rhetoric. I vigorously opposed reduction to public school funding and voiced my concerns regarding the creation of a complex new teacher evaluation plan that many educators have warned would be damaging to teaching standards in Florida. Proponents of the bill argue that weeding out the "bad" teachers will enhance classroom productivity and results. The bill speaks of financial rewards for the best teachers via so called "merit raises" though it has not been funded at this time. This new strategy requires all new teachers in Florida, starting July 1St, to be evaluated on their effectiveness according to yet -to -be developed measures that will be based in large part on students' FCAT and end of course exam scores. Teachers will be assessed annually to see if they can keep their jobs, judged by factors which are often outside of the teachers' control. Indeed, standardized test scores are affected by not only the efforts of the teachers, but also the student's personal motivation or lack thereof, by home environment, diet, social pressures, and other intangibles. The new law even allows that superior performing teachers can be terminated for no apparent reason and not even be told why. All of this begs the uncomfortable question, "Why would the best teachers want to work in Florida when they can have better salaries and more job security in other states?" At the end of the day, a vast number of Florida's families with school -age children have well - placed concerns as to what they can expect from Florida's public education system. For those who either cannot afford a private program or simply want what the state constitution assures in the form of quality public education, I sincerely hope that the revamping of our schools and how we motivate, compensate and sustain our public school teaching work -force remain issues we will continue to revisit and discuss responsibly in future legislative sessions. $Sim MONIMR FT 2007-08 FY 2006" FY 2009-10 FY 2 010-11 FY 2011-12 concern of those environmentalists who have warned that significantly curtailing state oversight may increase sprawl and congestion, but also reduce or eliminate the obligation to build in ecologically appropriate areas. The session commenced with more than a dozen measures dealing with the environment, though only a few of which survived the legislative process. I believe that if some of the bills that failed had passed, they would have made matters even worse. Even so, I am concerned about the long-term consequences of several proposals that were sent to the governor for his signature. Among them is a measure pertaining to how development projects are approved. The bill shifts the burden for projecting potential environmental harm in a permit challenge from the developer to those who oppose the project. This measure, in my opinion, will likely sacrifice environmental protection for uncertain economic benefits. The amount of funding appropriated for Everglades restoration contained in the new state budget was dramatically reduced to only $30 million, as compared to approximately $200 million per year provided by the state a decade ago. On the plus side, to the support of environmental responsibility, additional funding of $16.2 million was provided for beach and sand restoration, a.k.a. "re -nourishment" projects and $128 million was made available for cleaning up contamination from underground petroleum storage tanks. As will continue to be the case moving forward in these economically challenging times, a balance will need to be developed between Florida's business interests, including agriculture (which I strongly support) and our stewardship of natural resources, lands and wetlands which are on loan to us from future generations of Floridians. HEALTH CARE The major concerns for Floridians when it comes to high -quality health care are access, affordability and effective delivery. Health care was among my highest priorities during the 2011 session, and it was a big issue for discussion for most legislators throughout the session. During the 2011 session, the Legislature addressed a far-reaching overhaul of the state's Medicaid program by calling for all Medicaid patients to enroll in managed care plans over the next four years. I am skeptical as to whether the federal government will approve such a potentially risky experiment which will impact the care of millions of low-income and elderly citizens. Under this Medical legislation, the state will be carved into 11 regions where managed -care plans are expected to compete for contracts and build networks of doctors, hospitals and other health providers. Implementing this reform will cost the state millions of dollars, and I fear taxpayers will no longer be able to depend on transparency and accountability when for - profit, private insurance companies take over. I am happy to report that the Legislature provided funding this year for many basic healthcare services. That said, I am disappointed that approximately $700 million was cut, reducing funds for various necessary programs which benefit our vulnerable residents, hospitals and nursing homes. While I was ultimately unable to vote favorably for the bill that passed in its final version, I am very proud that legislative language I personally drafted survived in the final bill. It allows low- income seniors who qualify for "nursing home diversion" to receive nursing services at their homes, letting them age in a place with dignity at significant savings to the State. Regarding nursing homes, there was well -placed concern that the move to reduce nursing - home staffing requirements will also reduce the quality of care for their patients. The measure reduces the current weekly average of 3.9 hours per person to 3.6 hours of direct care. I eagerly supported legislation to clamp down on prescription drug abuse and, after long deliberation, the measure passed the House and Senate. This legislation will increase penalties for unscrupulous doctors, requires a prescription drug registry to prevent addicts and drug dealers from visiting multiple clinics and pharmacies in the same day, and provides the critical basic tools for law -enforcement professionals to rid Florida of its reputation as a deadly pill -mill capital. By prohibiting doctors from prescribing and dispensing medically unjustifiable amounts of the most dangerous drugs, we have initiated the process which will effectively put an end to the epidemic of prescription drug abuse in Florida. ................................................ a 0 0 0 0 0 ... 1 REDISTRICTING This summer, lawmakers from across the state will begin the critical redistricting process to redraw Florida's political boundary lines. This historic occurrence happens only once every ten years. Its impact will shape how our community is represented in Tallahassee and Washington, D.C. for the next decade. On Tuesday, August 16th, Palm Beach County will hold a public forum on redistricting at FAU, Boca Raton from 8:OOam to 11:00am. It is critical that our community get involved in redistricting to ensure our voice is heard. The manner in which our lawmakers prioritize our concerns for the next ten years depends on our participation now. So what can our community do to get involved in redistricting? Make sure to visit www.floridaredistricting.org. The Florida House of Representatives created FloridaRedistricting.org so that any Floridian could learn about redistricting, share information about redistricting with others, and discover ways to take part in the redistricting conversation. If you cannot attend a meeting in person, you can use the social media accessible at Florida Redistricting. org to submit your remarks via Facebook, Twitter or WHAT MATTERS MOST TO YOU? PLEASE TAKE A MOMENT TO COMPLETE THIS ISSUE QUESTIONNAIRE AND RETURN BY EMAIL OR FAX TO ADDRESS BELOW: The Shoppes at Boca Greens 19635 South State Road 7, Unit 43 Boca Raton, FL 33498-4771 Fax: (561) 470-6596 Fighting Crime Improving Education Tax Cuts Improving Health Care Elder Affairs/Seniors Issues PLEASE CIRCLE YOUR RESPONSE. Job Creation Environmental Issues Property Insurance Other 1. The state budget cut $1.35 billion funding to public schools. Do you believe that the Legislature has demonstrated a commitment to education? YES NO DON'T KNOW 2. The Legislature passed Education reform in which teacher evaluations will be based in part on student test scores. Do you believe that this will improve student performance? YES NO DON'T KNOW 3. The Legislature passed a measure which shifts review and regulation for development from the state to local governments with repeal of 1985 Growth Management Act. Do you agree with this action? YES NO DON'T KNOW 4. The Legislature passed pension reform for state workers. Employees in the FRS will pay 3% of their salaries into their retirement accounts, face higher retirement ages and their retirement accounts will no longer collect cost -of -living adjustment starting July 1st, 2011 Do you think that this is a 3% tax on state employees? YES NO DON'T KNOW The Legislature passed Medicaid reforms which place the program's three million recipients into managed care. HMOs and other large, managed -care networks will bid with the state on managing any number of 11 regions in state. Do you think this reform will provide better health care and reduce medical costs? YES NO DON'T KNOW The Legislature passed amendments which affects Property Insurance in Florida, which sets a three-year window for filing claims for damage caused by hurricanes and windstorms and allows insurance companies to raise their insurance rates. Do you agree with the Legislature's actions? YES NO DON'T KNOW 7. The Legislature passed a requirement for drug screening of adult welfare recipients, who will lose benefits for a year if they test positive. Do you support this action? YES NO DON'T KNOW 8. The Legislature passed a measure which affects unemployment compensation. Instead of making the maximum $275 weekly benefit available for 26 weeks, the state would use a sliding scale based on the unemployment rate. Benefits would be available for no more than 23 weeks and no less than 12 weeks. Do you agree that this action will create jobs? YES NO DON'T KNOW If you would like to receive our periodic e-mail updates please provide us with your e-mail address: . -) l-:�;rrl nW-lea a-C LF/-/1 // U 1 cc TECHNICAL ASSISTANCE CONTRACT FOR CDBG GRANT ADMINISTRATION SERVICES FOR FY 2010 CDBG HOUSING PROGRAM This is a Technical Assistance Contract for FY 2010 Community Development Block Grant (CDBG) Housing Program for Grant Administration Services by and between NANCY PHILLIPS & ASSOCIATES L.C., hereinafter referred to as the "Consultant", and CITY OF OKEECHOBEE, a municipality of the State of Florida, hereinafter referred to as the "City", dated the day of June, 2011. WITNESSETH: WHEREAS, the City has procured the services of the Consultant for the Grant Administration functions required for the FY 2010 CDBG Housing Program grant number 11 DB- 05-07-57-02-H08, hereinafter referred to as the "Project", for its community. The Project also incorporates RFP #ADM 01-00-05-11 and all related documents; and WHEREAS, the Consultant is now available, willing and qualified to perform professional services in the capacity of technical advisor for the Project to which this Contract applies, and to give consultation, advice and direction for such Project, and; WHEREAS, the City is desirous that the Consultant performs such services regarding the Project and engages the Consultant to perform such services as set forth herein, and the Consultant agrees to perform such services under the terms and conditions set forth in this Contract. NOW THEREFORE, the parties agree as follows: ARTICLE 1 CONSULTANT'S SCOPE OF SERVICES GRANT ADMINISTRATION SERVICES Pursuant to the terms and conditions enumerated in this Contract, Consultant agrees to provide the following services upon written request from the City Administrator. Consultant shall provide the specified services solely as an independent consultant for the City. Consultant's and Consultant's personnel shall not constitute employees of the City. Services to be provided include: 1. Preparation of Environmental Assessment for submission to DHCD, DCA and/or HUD 2. Work with PROJECT Staff as Necessary 3. Financial Management Compliance Coordinate, monitor and evaluate the direct costs of the overall program, including, but not limited to, the housing activities outlined in the contract with the City, DCA and all leverage funds (if applicable) 4. Preparation of Financial Projections for Project 5. Preparation of Request for Funds (RFF) report for submission to DCA Page 1 of 10 Consultant (� 6. Preparation of Minority Business Enterprise (MBE) report for submission to DCA 7. Preparation of HUD 2880 report for submission to DCA Audit Compliance Ensure that yearly Single Act Audits are submitted to the appropriate agencies by due date (if required) 9. Project File Maintenance Maintain all files for project according to CDBC Record keeping requirements 10. Fair Housing Compliance Ensure compliance with quarterly Fair Housing Activity 11. Inspections of Housing Units, Preparation of Work Write-ups, conducting Contractor Walk-thru's, Preparation of Award Documents, and Construction Inspection during Construction Phase 12. Citizens Complaints (if necessary) Respond to any written Citizens Complaints (if necessary) according to City's CDBG Complaint Procedure 13. Program Reports Responsible for any written reports that may be required for submission to DCA (i.e., Civil Rights Profile, Monitoring report response, financial reports, etc.). 14. Procurement of Services Establish and follow procedures relating to the procurement and implementation of contractual services pursuant to DCA requirements and regulations 15. Citizens' Advisory Task Force (CATF) Compliance Assist in coordinating with the Citizens' Advisory Task Force and other interested community organizations, including, but not limited to, providing required program information and technical assistance to those who request such information to ensure compliance with active citizen participation 16. Monitoring of PROJECT Assist in the monitoring of the PROJECT regarding DCA regulations, and in preparing the necessary requested responses to inquiries from Local, State and Federal governmental units. Attend all DCA Monitoring Visits 17. Any other tasks as required to successfully complete and close out the PROJECT N Consultant ( ) ARTICLE 2 CITY'S RESPONSIBILITY GENERAL ADMINISTRATION SERVICES The City shall assist Consultant in the provision of the Services as follows: Instruct the personnel of the City to cooperate and assist the Consultant in preparing the necessary data and procedures in order to comply with all DCA or other reporting requirements of the Project. 2. Provide assistance in implementing contractual services necessary to the Project per the requirements of all City and DCA requirements. 3. Assist the Consultant in negotiations necessary for all subsections of the Project. 4. Review and execute all contracts necessary to ensure efficient progress of the Project. 5. When meeting with City Staff at City offices, provide at City's expense to the Consultant office space, to include desk and chairs, phone, filing cabinets and use of a photocopy and fax machine without charge or expense. The City will also provide a suitable area for Public Hearings and construction conferences. This area will be accessible to persons with disabilities. This provision does not require the City to provide the Consultant with any facilities, furniture, equipment or materials needed for the Consultant's daily operations, which have been included in the Consultant's overall fee and will be provided at the Consultant's expense. 6. Assist the Consultant by placing at its disposal all available information pertinent to the sites of the Project, including previous reports and any other data relative to design and construction of the Project. 7. Attempt to make provisions for Consultant to enter on public and private lands as required for it to perform its services under the Project. 8. Designate a member of the City who will act as a contact person with the Consultant to facilitate transmittal of instructions, receive information and generally assist as may be necessary. 9. Give prompt notice to Consultant whenever the City observes or otherwise becomes aware of any defects or problems with the Project. 10. Provide the services of the City's Building Official or Engineer, where applicable, for this Project. 3 Consultant (� 11. Be responsible for all advertising required for the Project. ARTICLE 3 PERIOD OF PERFORMANCE The period of performance under this Contract shall begin upon the signing of this Contract for Project FY 2010 CDBG Housing Grant #11DB-05-07-57-02-H08 and shall be concluded upon the receipt of final Project approval from DCA or the termination of the funding pursuant to the Project. ARTICLE 4 COMPENSATION The City agrees to pay the Consultant a total of $95,000.00 for the provision of the Services. Payment to the Consultant will be made upon submission of monthly invoices to the City as determined by the Work Plans developed for this Project. All requests for payment shall be submitted to the City in detail sufficient for proper pre -audit and post -audit review by DCA. The Consultant will provide any and all other related services requested by the City (the "Additional Services"). Additional Services shall be compensated over and above the fixed fee for professional services herein stipulated. Such compensation shall be paid to Consultant pursuant to an agreed upon fixed or hourly fee stipulated in writing and agreed upon by the parties. Consultant shall receive prior written approval from the City for any and all additional expenses accrued by Consultant in the completion of the Services. Travel and per diem shall be subject to the provisions of Section 112.061, Florida Statutes (2010). Any other related additional direct expenses shall be reimbursed pursuant to actual documented cost. Professional and technical fees for additional services billed on an hourly fee basis shall be invoiced at amounts noted in the RFP for each staff person completing work under this contract. ARTICLE 5 CITY'S CONTACT PERSON The Contact Person who will represent the City in all matters pertaining to the Project shall be Mr. Brian Whitehall, City Administrator, at (863) 763-3372 or bwhitehallgcityofokeechobee.com or his designee. ARTICLE 6 CITIZEN PARTICIPATION It is understood between the parties that both the City and the Consultant shall encourage continuous participation in the Project by the citizens of the area. The Consultant shall assist in scheduling and coordinating public meetings required by the City and DCA. It shall be the responsibility of the City to furnish a location for such meetings. All meetings n Consultant {`} of the Citizens' Advisory Task Force shall be recorded, if requested by the City, and minutes shall be taken of all meetings for inclusion into the files. The terms and conditions of this Contract may be changed at any time by mutual agreement of the parties. All such changes shall be in writing and shall be incorporated as written amendments to this Contract. ARTICLE 8 ASSIGNMENT This Contract may not be assigned or transferred without written consent from the Consultant and from the City. However, in the event of the Consultant's death or other unforeseen situation that prevents the Consultant from being able to perform, the Consultant would recommend that this contract be assigned to the subcontractor, Meridian Community Services Group, Inc. to ensure continuation of the Project. ARTICLE 9 CONSULTANT CONFLICT OF INTEREST The City, having been so advised by the Consultant, does hereby recognize that the Consultant has provided similar services in the past to other local governments and to area governmental bodies, and may be so engaged in a similar Project at this time or in the future. The parties agree that these Projects by the Consultant do not constitute a conflict of interest with the City's Project. The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.3 11, Florida Statutes (2010). The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the City in writing by certified mail on all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance and the nature of work that the Consultant may undertake. The Consultant may request an opinion of the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Consultant. The City agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the City shall so state in the notification and the Consultant shall, at his/her option, enter into said association. 5 Consultant ( ARTICLE 10 CITY CONFLICT OF INTEREST No member of the governing body of the City, and no other public official, officer, employee or agent of the City, who exercises any function or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract. The Consultant shall take appropriate steps to ensure compliance. ARTICLE 11 TERMINATION FOR CAUSE AND/OR CONVENIENCE 1. This Contract may be terminated, in whole or in part, in writing, by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the defaulting party is given: (1) not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. 2. This Contract may be terminated, in whole or in part, in writing, by the City for its convenience, provided that the other parry is afforded the same notice and consultation opportunity specified in subparagraph 1 above. 3. In the event of termination, the Consultant shall be paid for all work completed prior to the effective date of termination, in addition to termination settlement costs reasonably incurred by the Consultant relating to commitments which were approved by the City prior to notice of intent to terminate. 4. Upon receipt of a termination action under subparagraphs 1 and 2 above, the Consultant shall: (1) promptly discontinue all affected work (unless the notice directs otherwise); and (2) deliver or otherwise make available to the City all data, drawings, reports, specifications, summaries and other such information as may have been accumulated by the Consultant in performing this Contract, whether completed or in process. 5. Upon termination, the City may take over the work and may award another party a contract to complete the work described in this Contract. ARTICLE 12 EQUAL OPPORTUNITY The Consultant warrants that there shall be no discrimination against applicants for services under this Contract because of race, color, age, sex, religion, and national origin, place of birth, ancestry or handicap. 0 Consultant ( ARTICLE 13 SOURCE OF FUNDING The source of payments for this Contract is the funding received through the FY 2010 CDBG Housing Grant I IDB-05-07-57-02-H08 for the City. ARTICLE 14 FEDERAL AND STATE TAX The Consultant shall be responsible for payment of its own FICA and Social Security Taxes and shall hold the City harmless for any social security obligations the Consultant may have. ARTICLE 15 INDEMNIFICATION The Consultant shall indemnify and save harmless the City and the Florida Department of Community Affairs, CDBG Section, its agents, servants and employees, from and against any and all claims, liability, losses and/or cause of action, including, but not limited to, attorney's fees and other professional fees, and all court costs, arising from or caused by the negligent acts or omissions of Consultant or Consultant's members, employees, agents and others with respect to this Contract. Subject to the provisions of Section 768.28, Florida Statutes (2010), the City agrees to indemnify and hold harmless the Consultant from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the performance of this Contract and caused by the negligent or wrongful act or omission of any employee of the City while acting within the scope of his or her office or employment under circumstances in which the City, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida, subject to the monetary limits of Section 768.28(5), F.S., which monetary limits shall be applicable regardless of whether such monetary limits would apply in the absence of this provision. ARTICLE 16 DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Consultant and the City or its Project Manager. At all times, the Consultant shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the City or its representatives, pending resolution of the dispute. Any dispute, which is not resolved by mutual agreement, shall be decided by the City Administrator who shall reduce the decision to writing. The decision of the City shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, and so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 7 Consultant (__) ARTICLE 17 INTERPRETATION; VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. The laws of the State of Florida shall govern all interpretations. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the appropriate judicial circuit for Okeechobee County, Florida for claims under state law and the Southern District of Florida for any claims under federal law. The parties hereby waive any right to trial by jury in the event of any litigation between the parties which arises out of this Agreement or the services provided. ARTICLE 18 INDEPENDENT CONSULTANT RELATIONSHIP The Consultant is, and shall be in the performance of all work, services and activities under this Contract, an independent contractor, and not an employee, agent or servant of the City. The Consultant shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Consultant's relationship and the relationship of its employees to the City shall be that of an independent contractor, and not as employees of the City. The Consultant does not have the power or authority to bind the City in any promise, agreement or representation other than specifically provided for in this Contract or amendment thereto. ARTICLE 19 ACCESS TO RECORDS The City, HUD, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers and records of the Consultant and the City which are related to this Contract for the purpose of making audit, examination, excerpts and transcriptions. ARTICLE 20 RETENTION OF RECORDS The Consultant shall retain all records relating to this Contract for six (6) years after the City makes final payment and all other pending matters are closed. 8 Consultant ( ARTICLE 21 SEVERABILITY This Contract is severable. If any portion or section of this Contract is held invalid or unenforceable, this shall not render the remainder of the Contract unenforceable and the remainder of the Contract shall be deemed valid and enforceable to the extent permitted by law. .ARTICLE 22 ENERGY EFFICIENCY The Consultant shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). ARTICLE 23 PUBLIC ENTITY CRIAM The Consultant is in compliance with Section 287.133, Florida Statutes, (2010), for Public Entity Crimes, and has not been placed on the convicted vendors list within the last thirty-six (36) months preceding the date of this Contract. 1 _ l_,_w 1 31 During the life of this Contract, the Consultant shall maintain Standard Professional Liability Insurance in the amount of $500,000.00 as to each occurrence for loss which may arise from any operations under this Contract. During this life of this Contract, the Consultant shall maintain General Liability Insurance in the amount of $1,000,000.00 for each occurrence and $2,000,000.00 annual aggregate for Bodily Injury and/or Property Damage which may arise from any operations under this Contract. Within seven (7) days following the execution of this Contract, the Consultant shall furnish Certificates of Insurance clearly indicating that the Consultant has obtained insurance of the type, amount and classifications as required by this Contract. The City shall be named as additionally insured on the General Liability policy certificate of insurance required pursuant to the provisions of this Contract. The Consultant shall also provide the City, if requested, with an affidavit indicating that the Consultant is not required to carry workers compensation coverage under Chapter 440, Florida Statutes, (2010). In the event the Consultant's status under Chapter 440 should change during the term of this Contract, the Consultant shall provide proof of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $1,000,000 for accidents or disease. 0 Consultant { } ARTICLE 25 ENFORCEMENT If either party hereto institutes and prevails in any action at law or in equity against the other party based entirely or in part on the terms of this Contract, said party shall be entitled to recover, in addition to any judgment in its favor, reasonable attorney's fees and court costs in connection with the litigation. ARTICLE 26 NOTICES All notices and communications to the City or Consultant shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be address as follows: CITY: Brian Whitehall, City Administrator City of Okeechobee 55 S.E Third Avenue Okeechobee, Florida 34974 With a copy to: John Cook, Esq. City Attorney 55 S.E. Third Avenue Okeechobee, Florida 34974 CONSULTANT: Nancy Phillips, Managing Member Nancy Phillips & Associates, L.C. 7408 Edisto Drive Lake Worth, Florida 33467 10 IN WITNESS WIWREOF, the parties have hereunto set their hands and seals: ATTEST. Lane Gamiotea, CMC, City Clerk Witness Witness By: James E. Kirk, Mayor City Manager Date: NANCY PHILLIPS & ASSOCIATES, L.C. By: Nancy S. Phillips, Managing Member Date: 11 COST SUMMARY FOR NEGOTIATED CONTRACTS CDBG PROGRAM PART 1— GENERAL 1. GRANTEE City of Okechobee i-A&TI-MR08 3, NAME OF CONTRACTOR OR SUBCONTRACTOR NANCY PHILLIPS & ASSOCIATES, L.C. 4. DATE OF PROPOSAL June 20.2011 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR 7408 Edisto Drive Lake Worth, FL 33467 6. TYPE OF SERVICE TO BE FURNISHED CDBG 2010 Housing — Grant Administration PART 11 — COST SUMMARY )IRECT LABOR (Specify Labor Categories) ESTIMATED HOURS HOURLY RATE ESTIMATED COST TOTALS TO Project Manager 150 $75.00 $11,250 Administrative Staff 50 $50.00 $ 2,500 DIRECT LABOR TOTAL: RATE BASE $13,750 ESTIMATED COST 8. INDIRECT COSTS (Specify Indirect Cost Pools) Fringe 35% $13,750 $4,812,50 G & A 135% $13,750 $18,562.50 INDIRECT COSTS TOTAL: 9. OTHER DIRECT COSTS $23,375 A. TRAVEL 152 miles round trip X $.50 = $76,00 X 20Trips $1,520 (1) TRANSPORTATION Tolls $ (2) PER DIEM $10 lunch X 20 trips = $200: $20 dinner X 9 trips = $180& hotel - $140 x 9 nights =$1,260 $1,640 TRAVEL SUBTOTAL: $3,160 B. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) QTY COST ESTIMATED COST Miscellaneous office supplies various various $655 EQUIPMENT SUBTOTAL: $655 C.SUBCONTRACTS ESTIMATED COST Meridian Community Services Group $47,500.00 SUBCONTRACTS SUBTOTAL: $47,500.00 D. OTHER (Specify Categories) ESTIMATED COST OTHER SUBTOTAL: E. OTHER DIRECT COSTS TOTAL: $51,315.00 $88,440.00 10, TOTAL ESTIMATED COST 11. PROFIT $ 6,560.00 12. TOTAL PRICE $95,000.00 12