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2012-08-21CITY OF OKEECHOBEE AUGUST 21, 2012 REGULAR CITY COUNCIL MEETING AND BUDGET WORKSHOP OFFICIAL SUMMARY OF COUNCIL ACTION f150 PAGE 1 OF 15 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II I. CALL TO ORDER - Mayor: August 21, 2012, City Council Regular Meeting, 5:00 p.m. 11. OPENING CEREMONIES: Invocation to be given by Reverend Cary McKee of More 2 Life Ministries; Pledge of Allegiance to be led by the 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 WorksDirectorDonnie Robertson IV. OPEN BUDGET WORKSHOP - Mayor. A. Discuss the proposed 2012-2013 Fiscal Year Budget - Finance Director (Exhibit 1). Mayor Kirk called the August 21, 2012, City Council Regular Meeting to order at 5:00 p.m. The invocation was offered by Reverend Cary McKee of More 2 Life Ministries; The Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present (entered Chambers at 5:50 p.m.) Present Present Present Present Present MAYOR KIRK RECESSED THE REGULAR MEETING AND OPENED THE BUDGET WORKSHOP AT 5:03 P.M. Finance Director Riedel gave a power point presentation regarding the proposed 2012/2013 Fiscal Year budget preparation process, the effects on decreased revenues from the continuing decline of property values, sales tax and unfunded mandates from the State; as well as Staff's commitment to identify cost reduction practices. Departments Heads have diligently continued to spend only what is necessary, which has narrowed the difference in budgeted verses actual expenses. The highlight of the present year budget is the estimated year-end amounts. The City expects to only utilize $42,674.00 of the budgeted $397,489.00 reserves approved at budget adoption. This is approximately 13 percent of the budgeted amount; equating to less than one percent of the annual general fund budget. The proposed budget includes the employee salary step plan, and a new proposed step plan for part-time employees. 1 AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - PAGE 2 OF 15 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IV. BUDGET WORKSHOP CONTINUED. A. Discuss the proposed 2012-2013 Fiscal Year Budget continued. The General Fund Budget Summary lists the beginning Fund Balance as $3,360,118.00. Revenues as $4,571,308.00. Transfer -In Revenues of $902,772.00 (from Public Facilities Improvement Fund $398,000, Capital Improvement Projects Fund $504,272.00 and Capital Improvement Projects -Impact Fees Fund $500.00). Total Expenditures as $5,474,080.00. Leaving a Fund Balance of $3,360,118.00. This summary includes using the prior year millage rate of 7.7432 and increasing it by one -quarter percent. In addition, Administrator Whitehall offered two other options for Council consideration. One utilized the roll -back rate, increasing the millage to 8.2232. The second utilizes the past year millage, and increases the amount of transfer -in revenue from the Capital Improvement Projects Fund. Council then discussed each department's proposed budget, changes and comparison to last Fiscal Year as follows: 511-Legislative: Total Personnel Cost: $ 74,583.00 (City Council) Total Supplies and Other Services: LaL836.00 FY 2012/13 Proposed Total: $106,419.00 FY 2011/12 Budgeted Total: $111,136.00 Difference: $-4,717.00 Changes/Discussion: Pension contribution increased $62. Health Insurance premiums increased $231. Increased Education $500. Increased Shared Services $950. Decreased Local Community request by $19,500. Council will have to consider the requests from individual organizations. Last years budget was the final payment to IRSC for the Public Safety Building, therefore a $2,272 decrease was reflected in the Interlocal Partnership with IRSC line item. 512-Executive: Total Personnel Cost: $154,582.00 (Administration) Total Supplies and Other Services: LiaZ52.00 FY 2012/13 Proposed Total: $174,334.00 FY 2011/12 Budgeted Total: $171,526.00 Difference: $ 2,808.00 Changes/Discussion: Pension contribution increased $376. Increased Health Insurance premiums by $904 and Workers Compensation $39. Operating supplies, fuel costs, property casualty insurance and rental leases were increased based on actual cost increases. AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - PAGE 3 OF 15 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IV. BUDGET WORKSHOP CONTINUED. A. Discuss the proposed 2012-2013 Fiscal Year Budget continued. 2512-City Clerk: Total Personnel Cost: $134,285.00 Total Supplies and Other Services: 56131.00 FY 2012/13 Proposed Total: $190,416.00 FY 2011/12 Budgeted Total: $179,244.00 Difference: $ 11,172.00 Changes/Discussion: Pension contribution increased $150. Increased Health Insurance premiums by $898 and Workers Compensation $38. Increased Municipal Code $1000 due to the number of changes proposed to implement the Comprehensive Plan Evaluation and Appraisal Report. Increased Casualty Insurance $382. Advertisement was increased based on trends. The cost for the 2012 Election was the purpose for the $5000 increase to Miscellaneous. An upgrade of the Council Chambers recording software is the purpose for the $1300 increase in Repair and Maintenance. 514-Legal Services: FY 2012/13 Proposed Total: 71 823.00 (City Attorney) FY 2011/12 Budgeted Total: $70,642.00 Difference: $ 1,181.00 Changes/Discussion: Increase in Health Insurance premiums $410. Increased the Professional Services by $621 based on trend. Repair and Maintenance increased $200 for computer upgrades. Decreased Office Supplies $50. 513-Finance: Total Personnel Cost: $163,142.00 Total Supplies and Other Services 93 282.00 FY 2012/13 Proposed Total: $256,404.00 FY 2011/12 Budgeted Costs: $223,561.00 Difference: $ 32,843.00 Cost changes included in above cost: Pension contribution increased $523. Increased Health Insurance premiums by $1393 and Workers Compensation $42. Increased Other Contractual Services to include the cost of the Other Post Employment Benefit (OPEB) Statement 45. Increase Repair and Maintenance $2,742, to focus on upgrading the City website and server. Operating Supply was increased $850 based on trends and $250 earmarked for the Employee Wellness Fair. The OPEB is part of the GASB Audit requirement which went into effect three years ago. The City was able to participate in a free trial program rather than having to bear this expense during this time. However, the trial program is now over and the expense of the mandated audit is upon the City. AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - PAGE 4 OF 15 AGENDA IV. BUDGET WORKSHOP CONTINUED. A. Discuss the proposed 2012-2013 Fiscal Year Budget continued 1 1 COUNCIL ACTION -DISCUSSION -VOTE Finance Budget discussion continued, OPEB was issued to provide more complete, reliable, and decision -useful financial reporting regarding the costs and financial obligations that governments incur when they provide post employment benefits other than pension. Prior to Statement 45, governments typically followed a "pay-as-you-go" accounting approach in which the cost of benefits is not reported until after employees retire. Since that approach only reveals a limited amount of data and fails to account for costs and obligations incurred as governments receive employee services for which they have promised future benefits payment. The report will provide an estimated cost of the benefits and a total cost of the services a government provides to its constituents. 519-General Services: Total Personnel Cost: $ 82,181.00 Total Supplies and Other Services: 242 414.00 FY 2012/13 Proposed Total: $324,595.00 FY 2011/12 Budgeted Costs: $316,609.00 Difference: $ 9,986.00 Cost changes included in above cost: Increased Health Insurance premiums by $434 and Workers Compensation $31. Increased Other Contractual Services to include the $6000 increase to the Animal Control contract with Okeechobee County. Casualty Insurance increased $1400. Various other line items indicated increases and decreases based on trends. The County has notified Administrator Whitehall of the desire to renegotiate the Animal Control Services Contract. To date he has not initiated those discussions, the proposed increase should be seen as a compromise to renegotiating at this time. 521-Police: Total Personnel Cost: $1,683,025.00 Total Supplies and Other Services: $ 278,987.00 FY 2012/13 Proposed Total: $1,962,012.00 FY 2011/12 Budgeted Costs: $1,902,714.00 Difference: $59,298.00 Cost changes included in above cost: Decreased Pension contribution by $3,000. Salary line items were increased due to new State mandated training requirements for Dispatchers. Increased Health Insurance premiums by $12,084 and Workers Compensation $2,454. Increased Repair and Maintenance line item in order to cover the user fee's for the new radios, $6,000. Fuel was increased $9,774 due to increased costs. AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - PAGE 5 OF 15 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IV. BUDGET WORKSHOP CONTINUED. IF - A. Discuss the proposed 2012-2013 Fiscal Year Budget continued. Police Department Budget discussion continued with Council questioning the decrease in court fine revenues by more than $5000 and whether Chief Davis had identified the cause for the decrease or had any ideas to recover the revenue loss. The court fines are up to the County Judge, in lieu of fines, it is possible he is issuing community service hours. Council suggested Chief look at other types of citations already available to be issued when a violation occurs, and that he may want to consider making some department policy changes to recover lost revenues. RECESS BUDGET WORKSHOP - Mayor. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the July 17, 2012 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the July 2012 Warrant Register: General Fund ................................ $469,623.67 Community Development Block Grant Fund ........ $45,075.67 Public Facilities Improvement Fund ................ $11,748.03 Capital Improvement Projects Fund -Impact Fees ...... $6,143.20 MAYOR KIRK RECESSED THE BUDGET WORKSHOP 6:07 P.M. THE MEETING WAS RECONVENED IN REGULAR SESSION AT 6:19 P.M. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the July 17, 2012 Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR-YEA MOTION CARRIED. Council Member Watford moved to approve the July 2012 Warrant Register in the amounts: General Fund, four hundred sixty-nine thousand, six hundred twenty-three dollars and sixty-seven cents ($469,623.67); Community Development Block Grant Fund, forty-five thousand, seventy-five dollars and sixty-seven cents ($45,075.67); Public Facilities Improvement Fund, eleven thousand, seven hundred forty-eight dollars and three cents ($11,748.03); and Capital Improvement Projects Fund, six thousand, one hundred forty-three dollars and twenty cents ($6,143.20); seconded by Council Member Williams. There was no discussion on this item. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - PAGE 6 OF 15 55 II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business items B and C were withdrawn. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:20 P.M. A. 1. a) Motion to read by title only, proposed Ordinance No. 1088, adopting 111 Council Member O'Connor moved to read by title only, proposed Ordinance No. 1088, adopting a Natural Gas a Natural Gas Franchise Agreement- City Attorney (Exhibit 2). Franchise Agreement; seconded by Council Member Watford. b) Vote on motion to read by title only. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1088. Attorney Cook read proposed Ordinance No. 1088 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, GRANTING A NONEXCLUSIVE FRANCHISE FOR THE OPERATION AND MAINTENANCE OF A NATURAL GAS SYSTEM WITHIN THE GEOGRAPHIC BOUNDARIES OF THE CITY OF OKEECHOBEE ORAS HEREAFTER AMENDED, TO FLORIDA PUBLIC UTILITIES COMPANY; PROVIDING FOR DEFINITIONS; PROVIDING FOR A TERM OF YEARS WITH RENEWAL PROVISIONS; PROVIDING FOR CONSTRUCTION OF SERVICE AND DISTRIBUTION LINES; PROVIDING FOR NONEXCLUSIVE USE OF CITY RIGHTS -OF -WAY; PROVIDING FOR MAINTENANCEAND EMERGENCYRESPONSE; PROVIDING FORANNUAL REVIEW OF SERVICE; PROVIDING FOR INDEMNIFICATION; PROVIDING FOR DISPUTE RESOLUTION; PROVIDING FOR TERMINATION OF FRANCHISE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 1088. 111 Council Member O'Connor moved to adopt proposed Ordinance No. 1088; seconded by Council Member Williams. b) Public comments and discussion. III Mayd Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk yielded the floor to Council for discussion. Mr. Barry Kennedy, Director of Gas Operations for Florida Public Utilities Company (FPUC) was present to respond to any questions. The Council discussed the proposed franchise agreement, for clarification purposes it was noted that this is a non-exclusive franchise for 30 years, therefore, another natural gas company could come into the area. However, they would be required to obtain both the City and the Florida Public Service Commission (FPSC) approval. The City has the right to terminate the agreement within one year, should construction not be started. AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - PAGE 7 OF 15 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion on adopting proposed Ordinance Regarding leaks, ruptures and emergency response, and a recent article in the Palm Beach Post regarding a debate No. 1088 continued. between governmental agencies for the requirements of excessive flow values, Mr. Kennedy clarified that the agreement requires the industry standard, which mandates the installation of the valves on residential customers and only some types of commercial customers. The franchise fee is 6.5 percent paid on the company's gross revenue, meaning only on the cost of the gas and the transportation to the customer. The general liability insurance policy and construction bond amounts are adequate and in line with other entities. The company is required to supply the City Clerk with a copy of the insurance certificate(s), listing the City as an additional insured, as evidence the policy(ies) are in full force and effect at all times, including the specific amounts listed in the agreement. Prior to commencement of the distribution system the City will be furnished with a construction bond. Changes addressed at the first reading and implemented were that the six-month automatic renewal was deleted. The paragraph that no one understood the meaning of regarding any waiver of obligation or default was deleted. The one section not addressed was "Section 18(b) addressing those customers for whom the City has waived, in whole or in part, to pay a franchise fee..." Council Member Watford suggested there should be no exceptions. Administrator Whitehall responded he understood there would be a Resolution to address this section at a later date. Discussion then turned to the impact the franchise would have on local vendors who have been in the natural gas business for many years and whether this partnership would cause them to close their doors. Mr. Kennedy replied that they will do whatever they can do to help them, his company will be employing workers and contractors. One local company was specifically discussed that had been in business for 80 years, and whether FPUC was in any type of partnership with them, of which Mr. Kennedy advised he could not answer due to confidentiality contracts. Discussion ensued, Council Member Watford noted his frustration of not having his questions answered. This agreement is a huge benefit to the City, it is an expense to FPUC, and it could have a huge impact on the City either good or bad, that is why we have to try to evaluate the right decision. Council Member Watford moved to postpone the adoption of proposed Ordinance No.1088 for 60 days or next meeting thereafter. Motion died for lack of second. Council Member Maxwell then asked about the demand for availability of natural gas verses propane gas, as it seems only certain businesses would be using the product. Would there be distribution lines to all businesses or would trucking be necessary. Mr. Kennedy responded that some trucking of compressed natural gas to businesses that will not have lines will be necessary until the distribution lines were finished, and only on a temporary basis. FPUC also operates a propane gas service. However, propane makes better sense in some areas than others. The two are not exclusive for one another; each has their practical use. Addressing the cost difference, he replied that FPUC is providing a venue to businesses for a more option and less expensive gas. AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - PAGE 8 OF 15 AGENDA VIII. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion on adopting proposed Ordinance No. 1088 continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. A.1. a) Motion to read by title only and set September 4, 2012 as a final public hearing date for proposed Ordinance No. 1089, regarding Petition No. 12-001-R, submitted by Muhammad Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, to rezoning Lots 3 to 6 of Block 78, City of Okeechobee from CPO to CLT - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1089. COUNCIL ACTION - DISCUSSION - VOTE For further clarification, the natural gas gate is located at Cemetery Road and U.S. Highway 441 North. The initial infrastructure will be along U.S. Highway 441 and State Road 70. The County is not permitted by State law to require a franchise agreement, they can only issue building permits. FPUC will also have to submit for Florida Department of Transportation permits and City building permits. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR -NO WATFORD - No WILLIAMS - YEA MOTION CARRIED. Mr. Kennedy thanked the City Staff for their assistance and introduced two FPUC employees who will be transferring to Okeechobee to begin establishing the system. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:58 P.M. Council Member Watford moved to read by title only and set September 4, 2012 as a final public hearing date for proposed Ordinance No. 1089, regarding Petition No. 12-001-R, submitted by Muhammad Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, to rezone Lots 3 to 6 of Block 78, City of Okeechobee from CPO to CLT; seconded by Council Member O'Connor. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1089 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - REGULAR MEETING - PAGE 9 OF 15 AGENDA COUNCIL ACTION -DISCUSSION •VOTE IX. NEW BUSINESS CONTINUED. 2. a) Motion to approve the first reading of proposed Ordinance No. III Council Member O'Connor moved to approve the first reading of proposed Ordinance No.1088; seconded by Council 1089. Member Williams. b) Discussion. LaRue Planning Services Senior Planner Mr. Bill Brisson addressed the Council and reviewed the Planning Staff report, which reflects the following findings: The proposed use is not contrary to the Comprehensive Plan requirements, the Future Land Use is Commercial. The proposed use being applied for is specifically authorized by Special Exception. The property is currently zoned CPO with a Special Exception for an Assisted Living Facility (ALF). The proposed use, a Group Home, is an allowable Special Exception use in CLT. More so, the owner has specifically requested a combined use of an ALF and an Alcohol and/or Drug Rehabilitation Center. The center falls under the definition of a Group Home. This should not have an adverse effect on the public interest. It is appropriate for the location, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Surrounding uses are largely commercial, however there is a residence and multi -family uses to the South. Group Homes are also a Special Exception use in Residential Multiple Family (RMF) Zoning Districts. The existing residence is located in the proposed Transitional Commercial Overlay area, and Planning Staff expects it will eventually be used more intensively for either multi -family or commercial uses. The site is already suitably buffered from adjacent properties to the South, and East by a concrete fence. All of the existing uses to the North, and West are separated from the facility by Northeast Ph Street and 2"d Avenue. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services; nor should it create traffic congestion, flooding or drainage problems, or otherwise affect public safety. It has not been inordinately burdened by 11 unnecessary restrictions. Planning Staff is recommending approval. The Planning Board is also recommending approval, by a 4 to 3 vote. The property owner submitted a Special Exception (Petition No.12-003-SE) at the Planning Board/Board of Adjustments July 19 meeting. Approval is contingent upon the adoption of the rezoning. Council clarified that by State law, only the rezoning could be addressed, and whether the uses listed would be appropriate or not for the location. Special Exceptions are granted by the Board of Adjustments. Mr. Brisson was asked by Council Member Maxwell, what were all the types of centers or facilities that could fall under the definition of a Group Home? Mr. Brisson read an extensive list. The question was asked whether a sex offender rehabilitation center would fall under the definition? Mr. Brisson responded, yes, in some instances. However, when a group home use is being applied for, the Board of Adjustment should specifically address it in the motion, as to what type of facility/center was approved, notjust a general approval of all group homes. That is what they did in this situation, with added special conditions. Therefore, should the owner wish to change from a drug/alcohol rehabilitation center, they would have to apply for a new Special Exception. Attorney Cook noted he would need to review this information by the final hearing. 7 AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - REGULAR MEETING - PAGE 10 OF 15 �s9 AGENDA VIII. NEW BUSINESS CONTINUED. A. 2. b) Discussion on approving the first reading of proposed Ordinance No. 1089. COUNCIL ACTION - DISCUSSION - VOTE There were two members of the public who addressed the Council. Mr. Jim Vensel of 2002 South Parrott Avenue, whose mother-in-law, Mrs. Martha Conely, is currently a resident at the ALF, stated his opposition to the rezoning as it would allow the drug and alcohol rehabilitation center. He agreed the community needed a center of that nature but not in combination with an ALF. Ms. Karyne Brass, City Planning Board Member, noted she voted against the rezoning and special exception, and stated her concern for the approval. Dr. Khan, one of the property owners of the application defended his plan for the center. He offered that this center was going to be for upscale clients, from out of town, wanting their privacy. Remodeling would be done in order to keep two types of uses separate from each other. There would not be a common area, the center would have a discrete enclosed area with its own area and privacy. Mayor Kirk clarified, what is before us is the rezoning for first reading, it will be on the agenda at the next meeting. The Council can only consider whether the zoning is appropriate. Council Member Maxwell noted he was still concerned with the various types of centers that would fall under group home and needed legal counsel to confirm Mr. Brisson's interpretation that the motion of the type of group home is specific to only a drug and alcohol rehabilitation center. c) Vote on motion. VOTE KIRK - YEA MAXWELL - NO O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Motion to adopt proposed Resolution No. 12-07, revising and The motion to adopt proposed Resolution No. 12-07, revising and adopting Commercial Rates and Fees for Solid adopting Commerical Rates and Fees for Solid Waste Collection - Waste Collection was withdrawn from the agenda. City Attorney (Exhibit 4). C. Consider a request for approval of Welcome Sign Project and New The item to consider a request for approval of a Welcome Sign Project and New Mural Project was withdrawn from Mural project - Cindy Birdashaw, Main Street (Exhibit 5). the agenda. D. Motion to Award Grant Administration Service Bid No. RFP-ADM- Council Member Watford moved to Award the Grant Administration Services RFP No. ADM-03-00-06-12, to Nancy 03-00-06-12, for the FY 2011 CDBG Economic Development Phillips and Associates, L.C., [in the amount of eighteen thousand dollars] for the Fiscal Year 2011 Community Program - City Administrator (Exhibit 6). Development Block Grant Economic Development Program [Grant No. 12DB-OH-07-57-02-E08, Applebee's State Road 70 East, left turn lane]; seconded by Council Member O'Connor. The Request for Proposals were received until July 16, 2012. The ranking committee, consisting of Mayor Kirk, Administrator Whitehall, and Executive Secretary Robin Brock ranked the two firms. Nancy Phillips receiving 92.8 points and Guardian Community Resource Management, Inc., receiving 86.8 points. AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - REGULAR MEETING - PAGE 11 OF 15 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED. D. Motion to Award Grant Administration Service Bid No. RFP-ADM- VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA 03-00-06-12, for the FY 2011 CDBG Economic Development Program continued. WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Motion to Award Engineering Services Bid No. RFQ-ADM-04-00-06- Council Member O'Connor moved to Award the Engineering Services Contract, RFQ No. ADM-04-00-06-12, to 12, for the FY 2011 CDBG Economic Development Program - City Culpepper and Terpening, Inc [in the amount of thirty-seven thousand, seven hundred thirty-five dollars] for the Fiscal Administrator (Exhibit 7). Year 2011 Community Development Block Grant Economic Development Program [Grant No. 12DB-OH-07-57-02- E08, Applebee's State Road 70 East, left turn lane]; seconded by Council Member Williams. Council questioned whether the amount of the grant would cover the fee's. Administrator Whitehall responded yes. Discussion then turned to whether the copy of the proposed contract in Exhibit 7 was the corrected copy. It was discovered that it was not, as the non-discrimination language was missing from the proposed contract. The Request for Qualifications were received until July 16, 2012. The ranking committee, consisting of Mayor Kirk, Administrator Whitehall, and Executive Secretary Robin Brock ranked the four firms: Culpepper & Terpening, Inc (76.2 points), AIM Engineering & Surveying, Inc., (72.8 points), Chastain Skillman (67.4 points) and Mosk Roos (65.2 points). Council Member Watford moved to amend the motion to award the engineering services contract, RFQ No. ADM-04-00-06.12, to Culpepper and Terpening, Inc [in the amount of thirty-seven thousand, seven hundred thirty-five dollars] for the Fiscal Year 2011 Community Development Block Grant Economic Development Program [Grant No. 12DB-OH-07.57-02-E08, Applebee's State Road 70 East, left turn lane], to add the non- discrimination clause; seconded by Council Member O'Connor. VOTE ON MOTION TO AMEND KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. - VOTE ON MOTION AS AMENDED KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - PAGE 12 OF 15 !G AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED. F. Motion to Award contractors for FY 2011 CDBG House Council Member Watford moved to Award the Contractors RFP No. ADM-02-00-06-12 for the Fiscal Year 2011 Rehabilitation Program, Bid No. RFP-02-00-06-012 - City Community Development Block Grant Housing Rehabilitation Program [Grant No. 10DB-05-07-57-02-H08] to Bowline Administrator (Exhibit 8). Construction for Judy Curtis, [209 SE 91h Avenue project, in the amount of twenty-seven thousand, two hundred forty- five dollars and fifty-one cents], to American Construction for Debra Leon [604 NW 15" Street project, in the amount of twenty-nine thousand, nine hundred fifty-five dollars], and to James Sweat for Shirley Roberts [915 NW 9" Street project in the amount of eighteen thousand, one hundred eighty dollars]; seconded by Council Member O'Connor. Mr. Hines explained that the Council approved and ranked these three projects along with the additional two listed. However, the other two, Smith and Gomez are replacements and in following with the grant procedures, only after at least 10 homes are rehabilitated and there are sufficient funds left can the replacement homes be considered. Council asked why Platinum Performance and Ted Starr Construction bids were all rejected. Mr. Hines responded that the grant procedures are very specific and have to be followed. These two companies did not follow the bid instructions and were therefore rejected. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. G. Motion to purchase a John Deere Model 410 J/K Backhoe through Council Member O'Connor moved to award a State Contract purchase of a John Deere Model 410 J/K Backhoe the FL Sheriff's Association State Bid process in the amount of through the FL Sheriff's Association State Bid process in the amount of ninety thousand, one hundred thirty-seven $90,137.00 less a trade-in of the 1977 JCB Model 217 valued at dollars ($90,137.00) less a trade-in of the 1977 JCB Model 217 valued at $10,000 for a total net bid of $80,137.00; $10,000 for a total net bid of $80,137.00 - City Administrator seconded by Council Member Williams. (Exhibit 9). VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. RECESS REGULAR MEETING AND RECONVENE BUDGET MAYOR KIRK CALLED FOR A RECESS OF THE REGULAR MEETING AT 8:09 P.M. THE MEETING WAS WORKSHOP - Mayor. III RECONVENED AT 8:15 P.M. AND THE BUDGET WORKSHOP WAS REOPENED. AUGUST 21, 2012 - REGULAR MEETING & Muur i VVVRnanvr AGENDA COUNCIL ACTION - DISCUSSION - VOTE IV. BUDGET WORKSHOP CONTINUED, A. Discuss the proposed 2012-2013 Fiscal Year Budget continued. 522-Fire: Total Personnel Cost: $1,133,511.00 Total Supplies and Other Services: $ 186,820.00 FY 2012113 Proposed Total: $1,320,331.00 FY 2011/12 Budgeted Total: $1,273,993.00 Difference: $ 46,338.00 Cost changes included in above cost: Increased Pension contribution $15,702. Increased Health Insurance premiums by $6,469 and Workers Compensation $2,002. Various line items increased and decreased based on trends. Repair and Maintenance line item was increased $3,000 in order to cover the user fee's for the new radio's. 541-Public Works: Total Personnel Cost: $5 70,597.00 Total Supplies and Other Services: $ 497,149.00 FY 2012113 Proposed Total: $1,067,746.00 FY 2011/12 Budgeted Total: $1,031,413.00 Difference: $ 36,333.00 Cost changes included in above cost: Salary and Pension adjustments based on personnel changes for new Public Works Director, deleting the City Engineer position and retirement of a 30-year employee. Increased Health Insurance premiums by $5,035 and Workers Compensation $1,890. Increased Professional Services, $5,500; Communication and Freight, $950; Casualty Insurance, $2,616 based on actual costs. Repair and Maintenance increased due to radio user fees and computer equipment needed for new Public Works Director's Office, $3,000. Fuel costs increased $5,588 and decreased Operating Supplies (Tires) $2,000. Increased the uniform line item to accommodate the purchase of uniforms and boots for temporary part-time employees. Increased Subscriptions $250. 301-Public Facility Improvement Fund: (Transportation) Total Revenue and Fund Balance: $636,132.00 Total Expenditures: $620,823.00 Transfer Out to General Fund: $389,000.00 Proposed Ending Fund Balance: $266,089.00 Cost changes and Proposed Projections included in the above cost: The expenditures include the annual road improvement, sidewalks installation/rehabilitation, canal cleanup projects, as well as the City's portion of the SW 21s' Street Drainage Project and replacing a batwing mower. AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - PAGE 14 OF 15 ,o AGENDA IV. BUDGET WORKSHOP CONTINUED. A. Discuss the proposed 2012-2013 Fiscal Year Budget continued 1 COUNCIL ACTION - DISCUSSION -VOTE 302-CDBG Fund: (CDBG-HR Grant) Total Beginning Fund Balance and Revenues: $831,327.00 (CDBG-ED Grant) Total Expenditures and Transfer to General Fund: 831 327.00 Proposed Ending Fund Balance: $ 0.00 Cost changes and Proposed Projections included in the above cost: CDBG-HR is for the Small Cities Community Development Block Grant for Housing Rehabilitation awarded last year ($573,500). CDBG-ED is the Small Cities Community Development Block Grant for Economic Development (Applebee's left turn lane on State Road 70 East $257,827.00). 303-Capital Improvement Projects - Impact Fees Fund: Total Beginning Fund Balance and Revenues: $77,250.00 Total Expenditures: $66,703.00 Total Transfer Out to General Fund: 500..00 Proposed Ending Fund Balance: $10,047.00 Cost changes and Proposed Projections included in the above cost: Expenditures for Radios and Sidewalk Project. 304-Capital Improvement Projects Fund: Total Beginning Fund Balance and Revenues: $6,734,208.00 Total Expenditures: $ 459,095.00 Transfer to General Fund: $ 504,272.00 Assigned Fund Balance: $ 300,000.00 Proposed Ending Fund Balance: $5,728,341.00 Cost changes and Proposed Projections included in the above cost: A list of potential purchases and projects were listed for this budget from each department. 601-Law Enforcement Special Fund: Total Beginning Fund Balance and Revenues: $3,608.00 Total Expenditures Transfer to General Fund: 3108.00 Proposed Ending Fund Balance: $ 500.00 AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - PAGE 15 OF 15 AGENDA IV. BUDGET WORKSHOP CONTINUED. A. Discuss the proposed 2012-2013 Fiscal Year Budget continued IX. 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 in testimony and evidence upon which the appeal is to be based. City Clerk media are for th ole purpo of backup for official reco of the Clerk. ATT T: James E. Kirk, Mayor Lane , amio e , C City Clerk COUNCIL ACTION - DISCUSSION - VOTE Cost changes and Proposed Projections included in the Law Enforcement Special Fund as listed above: Fees are associated with vehicle impoundment. Council then turned their discussion to requests from other agencies. Mrs. Sharon Vinson of Shared Services appeared before the Council to request an $8,950.00 contribution for Shared Services. She gave a brief summary of their purpose in the community and necessity to assist school aged children. The consensus of the Council was to leave the Shared Services contribution in the Legislative budget. Administrator Whitehall advised a request was made for the City to contribute $500 for a community 4"' of July Fire Works Celebration. However, he was advised by Mr. Kennedy of FPUC that they would like to assist in that request, therefore the $500 will be removed from the Legislative Budget. The Council received in their budget packets a letter from the Business Development Board of Okeechobee requesting a $10,000.00 contribution to offset the expense of hiring a Director. The consensus was to include the contribution as requested in the Legislative budget. As noted earlier, the proposed personnel costs for each budget includes the Employee Annual Step Plan, where an employee is considered for a 1.5 percent increase in their annual salary after completing another year of employment and scoring a minimum of Satisfactory on their annual evaluation. It also included a separate Step Plan for Part -Time Employee's, who have been excluded in the past. The only time part-time employee's were offered a salary increase was when Council approved an across the board cost of living raise. The utilization of part-time employee's has been a key element of the departments cost reduction measures. The City now has part-time employees with several years of longevity. They are not extended any benefits that are offered to full-time employees, yet are expected to perform the same duties and on the same quality level. Council agreed with implementing the new Part -Time Employee Step Plan. During salary discussion, the Council briefly mentioned reviewing the concept of stipends or proficiency pay for extraordinary employee's. The City does not use a merit pay system. As a final directive, the consensus of the Council regarding the millage rate was to leave it at the current rate, 7.7432, and use the reserves to balance the budget. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Budget Workshop and Regular Meeting at 8:59 p.m. The next regular scheduled meeting and First Budget Hearing is September 4, 2012 at 6:00 p.m. 66 • -e&DEPENDENT �NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W.'17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a 4)lty- 14-L tj�;& in the matter of -L-tQ'i in the 19th judicial District of the C� rcuit Court of Okeechobee County, Florida, was published in said, newspaper in the issu s of t Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication. of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any; person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertiserneut-fo—r' publication in the said newspaper. I 0M .Sworn to and subscribed before me this 1,),AD i�_day of __ �2 _6 Notary Public, State of Florida at Large MY COMMISSION EE 1'71 16 6 N EE "7M EXPIRES: April 210,b201 j Bonded Thru MNY Pubft U w1derwrRem j (863) 763-3134 mull aa4" tun EP CITY OFOKEECHOBEE BUDGET WORKSHOP AND REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA AUGUST21,2012 PAGE 1 OF 3 I. CALL TO ORDER - Mayor: August 21, 2012, City Council Budget Workshop and Regular Meeting, 5:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Cary McKee, More 2 Life Ministries; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk. v4layor James E. Kirk 4uncil Member Devin Maxwell Xouncil Member Mike O'Connor Council Member Dowling R. Watford, Jr. �6ouncil Member Clayton Williams /City Administrator Brian Whitehall City Attorney John R. Cook__v_, _&,� ut • v6ty Clerk Lane Gamiotea ✓beputy Clerk Melisa Jahner v4lice Chief Denny Davis . ire Chief Herb Smith v('ublic Works Director Donnie Robertson IV. OPEN BUDGET WORKSHOP -Mayor. ; �) A. Discuss the proposed 2012/2013 Fiscal Year Budget - Finance Director (Exhibit 1). ADJOURN WORKSHOP AND RECONVENE IN REGULAR SESSION - Mayor. lip �Q AUGUST 21, 2012 PAGE 2 of 3 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the July 17, 2012 City Council Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the July 2012 Warrant Register: General Fund $469,623.67 • Community Development Block Grant Fund $ 45,075.67 Public Facilities Improvement Fund $ 11,748.03 Capital Improvement Projects Fund -Impact Fee $ 6,143.20 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No 1088, adopting a Natural Gas Franchise Agreement - City Attorney (Exhibit 2). b) Vote on motion to read by title only. • c) City Attorney to read proposed Ordinance No. 1088 by title only. 2.a) Motion to adopt proposed Ordinance No. 1088. 1 r �tom; ,1P. b) Public comments and discussion. ' _ A c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. AUGUST 21, 2012 PAGE 3 OF 3 IX. NEW BUSINESS. A.1.a). Motion to read by title only and set September 4, 2012 as a final public hearing date for proposed Ordinance No. 1089 regarding Petition No. 12-001-R, submitted by Muhammad Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, to re -zone property located at 608 NE 2"d Avenue from Commercial Professional Office (CPO) to Light Commercial (CLT) - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date., px �`� � A c) City Attorney to read proposed Ordinance No. 1089 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1089. b) Discussion. c) Vote on motion. CB MotlOn to adapt pr posed Resolution No. 12-07, revising and adopting Commercial Rates & Fees for Solid Waste Collection - City Attorney (Exhibit 4). Consider a request for appr va, f Welcome Sign project and New Mural project - Cindy Birdashaw, Main Street (Exhibit 5). D. Motion to Award Grant Adminitrat'on Services, Bid No. RFP-ADM-03-00-06-12, for the FY 2011 CDBG Economic Development Program - City Administrator (Exhibit 6). 17�� ra, E. Motion to Award Engineering Services, Bid No. RFQ-ADM-04-00-06-12, for the FY 2011 CDBG Economic Development Program - City Administrator (Exhibit 7). F. Motion to Award Contractors for FY 2011 CDBG Housing Rehabilitation Program, Bid No. RFP-ADM-02-00-06-12 - City Administrator (Exhibit 8). G. Motion to purchase a John Deere Model 310 J/K Backhoe through the FL Sheriffs' Association State Bid process in the amount of $90,137 less a trade-in of the 1977 JCB Model 217 valued at $10,000 for a total net bid of $80,137.00 - City Administrator (Exhibit 9). X. ADJOURN MEETING - Mayor. 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 are for the sole purpose of backup for official records of the Clerk. 0 ,71 "I I-S te-YA- o t b 'c' k -4. / Lc Apz� ltllti -�LIIIL LU II JQ KLn aoocto LW Ph- ji-li C,&C,4x Pit, bi entl JALI Oc� qq/ 14, -A -I inrr, < f�( r�i,� C r--YL LlLL C'UP6 0 C ZA 64� JA eJ Iva il, q-X iL Y t (JZ I/V qj 4�(� lkri ZW Ply - I I K,, At - k co _ ,�;;,� ,,� �L .vim, �, - ,(�:I ��-- ( /l/^UC / r_Q I l � r o Ciao 60 ztL kc 112-4-11 'd 0 0 City of Okeechobee SS SE 3 Av OkeechobeeFL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bhitehall(a�cityofokeechobee.com * * * * *Memorandum nu) v-t Date: for Aug 21, 2012 TO: Mayor, City Council, and City Clerk FR: Admin Whitehall RE: Agenda items - delete Please delete, if you please, the following from consideration on this agenda: 1. Item B, New Business, Resolution 12-07 Adopting commercial waste collection rates from Waste Management 2. Item C, New Business, Main Street approval for a Welcome sign and a new mural project 0 0 City of Okeechobee Proposed 2012-2013 Budget GENERAL FUND RECAPITULATION - REVENUE AND EXPENSES Prior Year's Rate + 1/4 Mil Exhibit 1 Aug 21, 2012 2011/2012 2011/20I2 20IV2013 BUDGET Estimate PROPOSED []BLJDGET O BUDGET F/Y Beginning Fund Balance IS 3,030,447 S 3,360.118 1 S 3.360.118 REVENUES 97% AD VALOREM 7.9932 S 1,747,753 S 1,747,341 S 1,752,378 S 4,625 OTHER FEES S 602,926 S 616,269 S 602.175 S (751) INTERGOVERNMENTAL S 1,216,819 S 1,278,522 S 1,246,306 S 29,487 CHARGES FOR SERVICES S 919,945 S 920,906 S 903,908 S (16,037) FINES, FORFEITURES & PENALITE S 30,242 S 20,7971 S 22,400 S (7,842) USES OF MONEY & PROPERTY S 1,000 S 1,10D S 1,000 S OTHER REVENUES $ 44,905 1 S 52,134 S 43,141 S (1,764) S 4,563,590 S 4,637,069 S 4,571-309 S 7.719 TRANSFERS -IN Public Facilities Fund (Transfer -In) S 317,700 S 317,700 S 398,000 CDBG S - S - S - Capital Pm /Im mvement Fund S 357,584 S 42,674 S 504,277 Capital Proj Impact Adm Fees S 50 S 1,280 $ 500 TOTAL REVENUES S 5,238,924 S 4,998,723 S 5,474,080 EXPENDITURES LEGISLATIVE S 111,136 S 110,740 S 106,419 S (4,717) EXECUTIVE S 171,526 S 163,742 S 174,334 S 2,808 CITY CLERK S 179,244 S 172,405 S 190,416 S 11,172 FINANCIAL SERVICES S 223,561 S 218,930 S 256,4D4 S 32,843 LEGALCOUNCIL S 70,642 S 46,760 S 7I,823 S 1,181 GENERAL SERVICES S 314,609 S 327,049 S 324,595 S 9,996 LAW ENFORCEMENT S 1,902,714 S 1,803204 S 1,962,0I2 S 59,298 FIRE PROTECTION S 1273,993 S 1,235,771 S 1,320,331 S 46,338 ROAD&STREET FACILITIES S 1,031,413 S 920,122 S 1,067,746 S 36,333 TOTAL GEN. OPER. EXPENDITURES $ 5,279,938 S 4,998,723 S 5,474,080 S 195,242 Fi SCAL YEAR ENDING FUND BALANCE I S 2,990,533 1 S 3,360,118 1 $ 3,360,118 1 of 1 12-13 Summary Proposal CITY OF OKEECHOBEE .OF*oKF�fyQ Fiscal Year 2012-201.3 1i "n r Budget 91 * Workshop CITY DEPARTMENTS Y� OIMMOBEE MMCIPAL CENTRE Lo �OU)� Poircj Prt5enla47`� aoi, rM��'S Q111 COUNCIL MEMBERS Dowling Watford D. Clayton Williams .lames Kirk, Mayor ' Mike O'Connor Devin Maxwell � C�:C:I�TYBU�DGET�� $ Revenues (P.—) $ Fund Balances w..l , $ Expend itures,P..,s> REVENUE Part - 1 Revenue REVENUE o 501 Consecutive Year of Declining Taxable Values (35.4% Decrease FY 2008 — 2013) Leveling with a slight increase in Sales Tax Revenues Leveling of Fuel Tax Revenues 0 PART 1 -REVENUES 0% * Ad Valorem Other Fees ■ Intergovernmental Charges for Services ■ Fines, Forfeitures & Penalties Uses of Money & Property Other Revenues Public Facilities - Transfer In CDBG -Transfer In Capital Project Improvement Fund Capital Project Impact Admin Fees t TAXABLE VALUES I s»s.00a.00. 22.9% Decrease sr9a.ono.aoo s:f,,w0.oiw FY2010 to 2013 sr.s,a0000a sxx:,soo.ono sxe�oo0.o00 I j o �,�s ,0,0 000 "00 90s................ .. . 2 • 7, 99.32 REVENUE TRENDS U5 y 31 % of Revenues are from Ad Valorem s�am,mn Prior years faaw nnn Ad Valorem Revenue was 40 % of the Budget sl,aon.aoo w 2005rz006 2006n00] 2001n000 200tlN09 2009n010 30Nro11 .11-11 201AMI3 •ADVALOREM aOMER FEES •IN]ERnO1ERNM-- •CHARGESFORSERVICES •FlNE9, FOItFEINRESk PENALDEs x USES OF MONEY x OTHER REV—S - 5 YEAR BUDGETED REVENUES f09 .1 1—. 3019/ifD 201V101 H13nU) ADVALOREM 995i M1•nti 12,—.7.4 f1,197,166 fL]38.369 fl,]1),153 fI, )Ji,J]I OTHER FEES S957,6 f91a592 %11,891 f603,926 f60;175 INTERGOVERNMENTAL 11,06f,233 5914162 SI.M2.220 11216,f19 11,216,306 CHARGES FOR SERVICES 5919.356 t951,1)o f1,061,666 ri19,9a 59o),9of FINES, RORFEn'URESA PENALTIES f11,151 130.111 S.3 0 .%.2 fz2.100 USESOFMONEY fn1,0p0 f201000 f;000 51,000 f1,000 OTHERREVENUES f13;B61 11),f 10 f5;166 511.903 II1,111 Q,' REVENUE ESTIMATES Lymost major tax sources have `made estimates' or slightly exceeded forecasts by the inter -agency Revenue Estimating Conference 1ASales Tax Revenue amounts are projected to continue to increase incrementally NEW REVENUE SOURCES Other revenue sources which could be reviewed: • Telecommunications Utility Tax • Water Utility Tax / Franchise Fee — "Use of Water Only" • Solid Waste Franchise Fee • Fire Service Assessment • BTR Fee Increases (9`t I OWZF • Tower Rental — OUA, Sprint, Verizon Wireless • Building Permit Fees db /DVk Z,4 Cu is '0,y On the near horizon - Florida Public Utilities Natural Gas Franchise Agreement ` r FUND BALANCE Part - 2 Fund Balance BUDGETED FUND ig BALANCES - 2013 General Fund — Operating $3,360,118 Public Facility Fund $ 648,780 CDIIG $32 Capital VehlProj Fund $6,734,208 Capital Impact Fee Fund $76,750 Law Enforcement Fund $3,108 �0 FUND BALANCE CATEGORIES Non -spendable — Inventory, Unearned revenue Restricted — Constrained by their providers (Legislators, Grants, Bondholders) Committed — Constrained for a specific purpose (highest level of authority) Assigned —Amount intended for a specific purpose Unassigned — Remainder of General Fund 'er CITY FUND BALANCE S% :7 CI:TY:FU:N :DB=ALAlqC=E Fuel Inventory Supplies CITY FUND = BALANCE " 'Assigned Impact Fees ifs CITY FUND BALANCE Committed ASSIGNED�� o Budget Stabilization FY Budget 2013 @ $5,474,080 x 15% $821,112 o Cash Flow FY Budget 2013 $5,474,080 x 20% $1194,816 o Emergency FY Budget 2013 @ $5,474,080 x 10% $547,408 CITY FUND BALANCE - MMM� ti�° G' o r s Law Enforcement Funds CITY FUND BALANCE CITY FUND�BALA�NCE oho �ta� ,sse Investments . FUND BALANCE $14,500,000 $12,500,000 m ro $10,500,000 c $8,500,000 LL y $6,500,000 A y $4,500,000 m $2,500,000 $500,000 2007 2008 2009 2010 2011 2012 Est Fiscal Year 6 • FUND BALANCE ALLOCATION 4% �3% 52 % 2'% GENERALFUND % CHANGE YEAR TO YEAR General Fund expenditures are up 3.7% from Fiscal Year 2011/2012 General Fund expenditures are down 2.6% from Fiscal Year 2007/2008 EXPENDITURES Part - 3 Expenditures SIGNIFICANT EXPENDITURE I/NCREASES I nso rance Cost J �� Replacementdoors and framing (Fire Dept.) Fuel Cost are volatile Certification cost and Education cost Website Design Community Request OPEB Study - Shared Services - Fireworks Animal Control Services - Economic Development (via Chamber) Full year for Operating & Maintenance of Radios CDBG Funds - Continuation of Housing 7 Election year cost Rehabilitation Grant - Addition or Economic Development rands for the addition oriiwy 7o turn lane j5- ttb Su -ri�� is _ 0" 0.S utrrv-4 OVERALL % CHANGE YEAR TO Y FA R ♦Annual8udget $9,000,000 $8,000,000 _ no,°re 9.%rorrr Flsca! rear 21)10 $7,000,000 '..� Down J.95% $6,000,000 - hom FY 20}2 $5,000,000 :. _... 2010 2011 2012 2013 GENERAL FUND SE OF ROLL FORWARD DOLLARS Budgeted vs Actual Use of Roll Forward Dollars fY5a,Ta1 fso.oao fry t .ame.t -f[so,000 fiel,eri See,aei.. 4 a f a S 3 ssso.000 raod2aoe 2mamto -1-2 2ot 13 GENERAL FUND USE OF ROLL FORWARD DOLLARS 2009 so $o $458,731 2010 J5�9Q,46, 8)IK ($119,771) $66,150 2011 ($272,618) ($249,134) ($28,276) 2012 ($397,498) ($42,674) Projected 2013 ($504,272) ($65,382) Estimated PROPOSED OPTIONS Rdb.ad WIe�d 85907 (Rohoa CM) �" y opti6ei#1 P(60; }k ��gk 77432 $1697.570 $559.080 V4y s Option#2 Rollback Rate Wo CPI 8.2232 $1.802,802 $453.848 Option #3 P-, Year Rate t 25 it4 79932 $17 $, $504.212 PIP 8 M6N40RANDUM �O • m To: Mayor & City Council From: Brian Whitehall, City Administrator India Riedel, Finance Director RE: 2013 FY Budget Workshop — Date: 08/17/12 2012-2013 Highlights Per the July 1st certification of the Property Appraiser's office, the Ad Valorem assessed values are down by 5.6%. Overall assessed values have decreased by 33.4% from the peak of 2008, as compared to 22.9% decrease if the peaks of 2008 & 2009 were left out of the equation. The decreased assessed values will generate $50,183 less than last year's budgeted amount when using the prior year millage rate of 7.7432. Sales tax revenues are estimated to increase for the 2nd consecutive year. While all other revenue streams seem to have leveled. In preparation of the 2012/2013 budget it is anticipated that the GF will see an estimated 3.6% increase, however the overall budgeted expenditures of all funds for the year equates to a 3.95% decrease in comparison to the prior fiscal year (excluding CDBG program). 2011/2012 Year End Sales tax revenues have met estimates along with ad valorem revenues this year. Building Department permit revenues are up an estimated 54% as well. Departments have diligently continued to spend only what is necessary this fiscal year, which has narrowed the difference in new revenues vs expenses. The highlight of the present year budget to actual is the estimated year end amounts. The City expects to utilize $51,974 of the budgeted $397,498 use of reserves. This is approximately 13% of the budgeted amount; $51,974 also equates to less than 1 % (.009) of the annual GF budget. /3c�c�.e� lclx� E.0 xfFc9 City of Okeechobee o ° Proposed 2012 — 2013 Budget Significant changes in budgeted expenditures Insurance Cost, 7.5 % Fuel Cost @ $4.25 Website Design, $10,000 OPEB Study, $15,000 Part time wage Step Plan, $9,800 Animal Control Services, $6,000 Full year for Operating & Maintenance of Radios Shared Services, $950 Election year cost, $5,000 Replacement doors and framing (Fire Dept.), $3,000 Certification cost and Education cost, $1,700 CDBG Funds • Continuation of the Housing Rehabilitation Grant • Addition of Economic Development funds for the addition of Hwy 70 turn lane Community Requests • Fireworks, $250 • Economic Development (via Chamber), $10,000 a�.ai, aoia `�,�te�� I.�xsP iiy :0 City of • • Proposed 2012-2013 Budget GENERAL FUND RECAPITULATION - REVENUE AND EXPENSES PY rate 7.7432 2011/2012 1 2011/2012 2012/2013 1 BUDGET BUDGET Estimate PROPOSED TO BUDGET F/Y Beginning Fund Balance $ 3,030,447 1 $ 3,360,118 $ 3,360,118 REVENUES 97% AD VALOREM 7.7432 $ 1,747,753 $ 1,747,341 $ 1,697,570 $ (50,183) OTHER FEES $ 602,926 $ 616,269 $ 602,175 $ (751) INTERGOVERNMENTAL $ 1,216,819 $ 1,278,522 $ 1,246,306 $ 29,487 CHARGES FOR SERVICES $ 919,945 $ 920,906 $ 903,908 $ (16,037) FINES, FORFEITURES & PENALTIE $ 30,242 $ 20,797 $ 22,400 $ (7,842) USES OF MONEY & PROPERTY $ 1,000 $ 1,100 $ 1,000 $ OTHER REVENUES $ 44,905 $ 52,134 $ 43,141 $ (1,764) $ 4,563,590 $ 4,637,069 $ 4,516,500 $ (47,090) TRANSFERS - IN Public Facilities Fund (Transfer -In) $ 317,700 $ 317,700 $ 398,000 CDBG $ - $ - $ - Capital Proj /Improvement Fund $ 357,584 $ 42,674 $ 559,080 Capital Proj Impact Adm Fees $ 50 $ 1,280 $ 500 TOTAL REVENUES $ 5,238,924 1 $ 4,998,723 $ 5,474,080 EXPENDITURES LEGISLATIVE $ 111,136 $ 110,740 $ 106,419 $ (4,717) EXECUTIVE $ 171,526 $ 163,742 $ 174,334 $ 2,808 CITY CLERK $ 179,244 $ 172,405 $ 190,416 $ 11,172 FINANCIAL SERVICES $ 223,561 $ 218,930 $ 256,404 $ 32,843 LEGAL COUNCIL $ 70,642 $ 46,760 $ 71,823 $ 1,181 GENERAL SERVICES $ 314,609 $ 327,049 $ 324,595 $ 9,986 LAW ENFORCEMENT $ 1,902,714 $ 1,803,204 $ 1,962,012 $ 59,298 FIRE PROTECTION $ 1,273,993 $ 1,235,771 $ 1,320,331 $ 46,338 ROAD & STREET FACILITIES $ 1,031,413 $ 920,122 $ 1,067,746 $ 36,333 TOTAL GEN. OPER. EXPENDITURES $ 5,278,838 $ 4,998,723 $ 5,474,080 $ 195,242 FISCAL YEAR ENDING FUND BALANCE $ 2,990,533 1 $ 3,360,118 $ 3,360,118 Option 1 ,o QA&PP Pc l oP 7 1 City of Okeechobee Proposed GENERAL FUND RECAPITULATION - REVENUE AND EXPENSES Rollback Rate 8.2232 2011/2012 1 2011/2012 2012/2013 1 BUDGET BUDGET Estimate I PROPOSED TO BUDGET F/Y BeQinnina Fund Balance $ 3,030,447 $ 3,360,118 1 $ 3,360,118 REVENUES 97% AD VALOREM 8.2232 $ 1,747,753 $ 1,747,341 $ 1,802,802 $ 55,049 OTHER FEES $ 602,926 $ 616,269 $ 602,175 $ (751) INTERGOVERNMENTAL $ 1,216,819 $ 1,278,522 $ 1,246,306 $ 29,487 CHARGES FOR SERVICES $ 919,945 $ 920,906 $ 903,908 $ (16,037) FINES, FORFEITURES & PENALTIE $ 30,242 $ 20,797 $ 22,400 $ (7,842) USES OF MONEY & PROPERTY $ 1,000 $ 1,100 $ 1,000 $ OTHER REVENUES $ 44,905 $ 52,134 $ 43,141 $ (1,764) $ 4,563,590 $ 4,637,069 $ 4,621,732 $ 58,142 TRANSFERS - IN Public Facilities Fund (Transfer -in) $ 317,700 $ 317,700 $ 398,000 CDBG $ - $ - $ - Capital Proj /Improvement Fund $ 357,584 $ 42,674 $ 453,848 Capital Proj Impact Adm Fees $ 50 $ 1,280 $ 500 TOTAL REVENUES $ 5,238,924 $ 4,998,723 $ 5,474,080 EXPENDITURES LEGISLATIVE $ 111,136 $ 110,740 $ 106,419 $ (4,717) EXECUTIVE $ 171,526 $ 163,742 $ 174,334 $ 2,808 CITY CLERK $ 179,244 $ 172,405 $ 190,416 $ 11,172 FINANCIAL SERVICES $ 223,561 $ 218,930 $ 256,404 $ 32,843 LEGAL COUNCIL $ 70,642 $ 46,760 $ 71,823 $ 1,181 GENERAL SERVICES $ 314,609 $ 327,049 $ 324,595 $ 9,986 LAW ENFORCEMENT $ 1,902,714 $ 1,803,204 $ 1,962,012 $ 59,298 FIRE PROTECTION $ 1,273,993 $ 1,235,771 $ 1,320,331 $ 46,338 ROAD & STREET FACILITIES $ 1,031,413 $ 920,122 $ 1,067,746 $ 36,333 TOTAL GEN. OPER. EXPENDITURFS1 $ 5,278,838 1 $ 4,998,723 1 $ 5,474,080 $ 195,242 FISCAL YEAR ENDING FUND BALANCE $ 2,990,533 1 $ 3,360,118 1 $ 3,360,118 Option 2 u�t a 1, a � l� .0F,0 City of Okeechobee Proposed ••2012-2013 Budget GENERAL FUND RECAPITULATION - REVENUE AND EXPENSES Prior Year's Rate + 1/4 Mil 2011/2012 1 2011/2012 1 2012/1013 BUDGET BUDGET Estimate PROPOSED TO BUDGET F/Y Beainnina Fund Balance $ 3,030,447 1 $ 3,360,118 1 $ 3,360,118 REVENUES 97% AD VALOREM 7.9932 $ 1,747,753 $ 1,747,341 $ 1,752,378 $ 4,625 OTHER FEES $ 602,926 $ 616,269 $ 602,175 $ (751) INTERGOVERNMENTAL $ 1,216,819 $ 1,278,522 $ 1,246,306 $ 29,487 CHARGES FOR SERVICES $ 919,945 $ 920,906 $ 903,908 $ (16,037) FINES, FORFEITURES & PENALTIE $ 30,242 $ 20,797 $ 22,400 1 $ (7,842) USES OF MONEY & PROPERTY $ 1,000 $ 1,100 $ 1,000 $ OTHER REVENUES $ 44,905 $ 52,134 $ 43,141 $ (1,764) 1 $ 4,563,590 $ 4,637,069 $ 4,571,308 $ 7,718 TRANSFERS - IN Public Facilities Fund (Transfer -In) $ 317,700 $ 317,700 $ 398,000 CDBG $ - $ - $ - Capital Proj /Improvement Fund $ 357,584 $ 42,674 $ 504,272 Capital Proj Impact Adm Fees $ 50 $ 1,280 $ 500 TOTAL REVENUES $ 5,238,924 1 $ 4,998,723 1 $ 5,474,080 EXPENDITURES LEGISLATIVE $ 111,136 $ 110,740 $ 106,419 $ (4,717) EXECUTIVE $ 171,526 $ 163,742 $ 174,334 $ 2,808 CITY CLERK $ 179,244 $ 172,405 $ 190,416 $ 11,172 FINANCIAL SERVICES $ 223,561 $ 218,930 $ 256,404 $ 32,843 LEGAL COUNCIL $ 70,642 $ 46,760 $ 71,823 $ 1,181 GENERAL SERVICES $ 314,609 $ 327,049 $ 324,595 $ 9,986 LAW ENFORCEMENT $ 1,902,714 $ 1,803,204 $ 1,962,012 $ 59,298 FIRE PROTECTION $ 1,273,993 $ 1,235,771 $ 1,320,331 $ 46,338 ROAD & STREET FACILITIES $ 1,031,413 $ 920,122 $ 1,067,746 $ 36,333 TOTAL GEN. OPER. EXPENDITURES 1 $ 5,278,838 $ 4,998,723 $ 5,474,080 1 $ 195,242 FISCAL YEAR ENDING FUND BALANCE $ 2,990,533 1 $ 3,360,118 1 $ 3,360,118 Option 3 �t'I • • ''� City of Okeechobee �.Proposed '12 -2013 • • - GENERAL FUND RECAPITULATION - REVENUE AND EXPENSES 2011/2012 1 2011/2012 2012/2013 1 BUDGET BUDGET Estimate I PROPOSED ITO BUDGET F/Y BEGINNING FUND BALANCE $ 3,030,477 $ 3,360,118 1 $ 3,360,118 REVENUES TAXES: 31 1-1000 97% AD VALOREM @ 7.9932 $ 1,747,753 $ 1,747,341 $ 1,752,378 $ 4,625 TOTAL $ 1,747,753 $ 1,747,341 $ 1,752,378 $ 4,625 12-5200 14-1000 14-8000 16-0000 19-0000 FEES: Fire Insurance Premium $ 49,500 $ 52,000 $ 49,500 $ - Casualty Insurance Prem Tax (Police) $ 78,275 $ 80,000 $ 78,275 $ - Utility Tax -Electric $ 395,010 $ 393,894 $ 393,000 $ (2,010) Utility Tax/Propane $ 24,500 $ 27,295 $ 25,200 $ 700 Prof& Business Tax Receipt $ 51,141 $ 59,000 $ 54,200 $ 3,059 Public Service Fee $ 4,500 $ 4,080 $ 2,000 $ (2,500) TOTAL $ 602,926 1 $ 616,269 1 $ 602,175 1 $ (751) INTERGOVERNMENTAL REVENUES: 335-1210 335-1400 335-1500 335-1800 312-6000 315.0000 335-2300 338-2000 SRS Cigarette Tax $ 185,840 $ 192,132 $ 187,400 $ 1,560 Mobile Home Licenses $ 24,500 $ 23,200 $ 23,000 $ (1,500) Alcoholic Beverage Licenses $ 4,950 $ 5,400 $ 4,950 $ - 1/2 Cent Sales Tax $ 249,161 $ 260,490 $ 256,635 $ 7,474 1 Cent Sales Surtax $ 485,147 $ 516,000 $ 499,701 $ 14,554 Communications Service Tax $ 261,120 $ 275,000 $ 268,000 $ 6,880 Firefighters Supplement $ 1,200 $ 1,200 $ 1,920 $ 720 County Business Licenses $ 4,901 $ 5,100 $ 4,700 $ (201) TOTAL $ 1,216,819 $ 1,278,522 $ 1,246,306 $ 29,487 CHARGES FOR CURRENT SERVICES 322-0000 322-1000 323-1000 323-7000 329-0000 341-2000 341-3000 341-4000 343-4010 Building & Inspections Fees $ 69,000 $ 104,300 $ 65,000 $ (4,000) Exception & Zoning Fees $ 500 $ 4,468 $ 500 $ Franchise -Electric $ 401,951 $ 351,493 $ 375,000 $ (26,951) Franchise -Solid Waste $ 95,580 $ 103,145 $ 98,970 $ 3,390 Plan Review Fees $ 3,000 $ 4,500 $ 4,000 $ 1,000 Alley/Street Closing Fees $ 500 $ - $ 500 $ - Map Sales $ 100 $ $ 100 $ Photocopies $ 25 $ $ 25 $ - Solid Waste Collection Fees-Resd. $ 349,289 $ 353,000 $ 359,813 $ 10,524 TOTAL S 919,945 $ 920,906 $ 903,908 $ (16,037) U-SI all e� LOP City of Okeechobee Proposed 2012-2013 Budget GENERAL FUND RECAPITULATION - REVENUE AND EXPENSES 2/11/2012 1 2011/2012 2012/2013 BUDGET BUDGET Estimate PROPOSED ITO BUDGET IFINES, FORFEITURES & PENALTIES: 51-1000 51-2000 51-3000 51-4000 51-5000 54-1000 Court Fines $ 19,601 $ 12,921 $ 14,000 $ (5,601) Radio Comm. Fee $ 7,841 $ 4,949 $ 5,600 $ (2,241) Law Enforcement Education $ 1,800 $ 1,627 $ 1,800 $ Investigation Cost Reimbursement $ 750 $ 875 $ 750 $ Unclaimed Evidence $ - $ - $ - $ Ordinance Violation Fines $ 250 $ 425 $ 250 $ TOTAL $ 30,242 $ 20,797 $ 22,400 $ 7,842 USES OF MONEY & PROPERTY: 361-1000 361.3000 364-1000 Interest Earnings $ 1,000 $ 1,100 $ 1,000 $ Investment Earnings $ - $ - $ - $ Surplus City Property $ - $ - $ - $ TOTAL $ 1,000 $ 1,100 $ 1,000 $ ITHER REVENUES: 34-2000 34-3000 00 69-1000 69-4000 69-5000 83-0000 Public Safety Grant $ - $ 3,200 $ $ Special Purpose Grant $ 3,500 $ 3,500 $ $ (3,500) DOT Hwy Maint.Landscape/Mowing $ 10,242 $ 10,500 $ 10,242 $ - DOT Master Traffic Signals Maint. $ 8,103 $ 8,103 $ 8,509 $ 406 DOT Maint. Lights & Lights Contract $ 20,060 $ 20,060 $ 20,890 $ 830 Miscellaneous $ 2,000 $ 4,000 $ 2,000 $ - Code Enforcement Fine $ 500 $ 1,900 $ 500 $ - Police Accident Reports $ 500 $ 871 $ 1,000 $ 500 Capital Lease Proceeds $ - $ - $ - $ - TOTAL $ 44,905 $ 52,134 1 $ 43,141 OPERATING TRANSFER -IN: 381-1000 Capital Project Impact Fees (Transfer -In) $ 50 $ 1,280 $ 500 Capital Project Improvements (Transfer -In) $ 357,584 $ 51,974 $ 504,272 CDBG Fund (Transfer -In) $ - $ - $ - Public Facilities Improvement (Transfer -In) $ 317,700 $ 317,700 $ 398,000 TOTAL $ 675,334 $ 370,954 $ 902,772 TOTAL REVENUE & OTHER FUNDING SOURCES 1 $ 5,238,924 1 $ 5,008,023 1 $ 5,474,080 1 $ 235,156 OPERATING TRANSFERS - OUT Due From CDBG $ 5,232 $ 5,232 Capital Project Building & Improvements Capital Project Vehicles TRANSFERS OUT 334-3000 Grant application for Firefighter Gear CW/ a 01 a �, ' 't y, f•ON t. City of Okeechobee • sProposed 2012-2013 Budget GENERALFUND Combined EXDenses 2011/2012 BUDGET I 2011/2012 Estimate 2012/2013 I PROPOSED BUDGET TO BUDGET PERSONNEL COST. 1100 EXECUTIVE SALARIES $ 480,747 $ 430,707 $ 487,376 $ 6,629 1200 REGULAR SALARIES $ 1,914,219 $ 1,873,617 $ 1926,608 $ 12,389 1201 HOLIDAY PAY $ 22,893 $ 18,791 $ 23,236 $ 343 1202 OFF HOLIDAY PAY $ 25,068 $ 22,668 $ 25,444 $ 376 1300 OTHER SALARY $ 103,746 $ 82,254 $ 119,389 $ 15,643 1400 OVERTIME $ 35,488 $ 55,498 $ 44,983 $ 9,495 1401 OVERTIME PAY/ANNUAL & SICK $ 48,948 1 $ 45,783 $ 49,682 $ 734 1402 DISPATCHER OVERTIME $ 9,642 $ 5,193 $ 9,652 $ 10 1403 OFFICERS OVERTIME PAY $ 64,960 $ 51,912 $ 64,960 $ - 1501 AUXILIARY & VOLUNTEER PAY $ 11,200 $ 9,888 $ 11,200 $ - 1510 LONGEVITY/SERVICE INCENTIVE $ 1,500 $ 1,500 $ 1,250 $ (250) 1520 OFFICERS LONGEVITY/SERVICE $ $ $ $ 1540 CAREER EDUCATION $ 13,892 $ 12,455 $ 14,612 $ 720 2100 FICA $ 213,288 $ 186,787 $ 213,557 $ 269 2200 RETIREMENT $ 511,000 $ 487,925 $ 523,767 ,767 2300 LIFE AND HEALTH INSURANCE $ 367,576 $ 357,043 $ 410,498 ,9222400 WORKERS COMPENSATION $ 67,769 $ 66,708 $ 74,282 E42 ,5132500 UNEMPLOYMENT TAXES $ $ 1,200 ,200TOTAL PERSONNEL COSTS: $ 3,891,936 $ 3,708,729 $ 4,001,696 ,760 SUPPLIES AND OTHER SERVICES: 3100 PROFESSIONAL SERVICES $ 190,455 $ 216,459 $ 197,176 $ 6,721 3102 PROF SERVICES (PHYS FOR SCBA) $ 4,000 $ 2,000 $ 3,800 $ (200) 3103 MUNICIPAL CODE & WELLNESS PR $ 6,380 $ 6,379 $ 7,380 $ 1,000 3200 ACCOUNTING & AUDIT $ 29,500 $ 28,300 $ 29,500 $ 3300 LEGAL COST $ 20,000 $ $ 20,000 $ 3400 OTHER CONTRACT SERVICES $ 87,140 $ 90,561 $ 118,140 $ 31,000 3401 GARBAGE COLLECTION FEE $ 351,289 $ 353,784 $ 359,813 $ 8,524 4000 1 TRAVEL AND PER DIEM $ 23,360 $ 13,638 $ 23,190 $ (170) 4100 COMM, & FREIGHT $ 53,994 $ 41,028 $ 60,786 $ 6,792 4300 UTILITIES $ 58,177 $ 52,824 $ 57,927 $ (250) 4400 RENTALS AND LEASES $ 17,520 $ 17,431 $ 17,475 $ (45) 4500 INSURANCE $ 115,473 $ 115,471 $ 125,413 $ 9,940 4600 R&M VEHICLES $ 31,686 $ 17,615 $ 31,686 $ 4609 R&M EQUIPMENT $ 69,362 $ 61,781 $ 86,166 $ 16,804 4700 JPRINTING $ 2,600 $ 1,200 $ 2,550 $ (50) 4900 ADVERTISING/OTHER CHARGES $ 11,000 $ 12,500 $ 13,000 $ 2,000 4901 EDUCATION -RESTRICTED $ 21,800 $ 17,330 $ 24,183 $ 2,383 4902 EDUCATION - NON -RESTRICTED $ 5,950 $ 3,651 $ 5,950 $ 4905 TRAINING & MATERIALS $ 2,500 $ 1,674 $ 2,500 $ 4903 CODE ENFORCEMENT $ 9,500 $ 10,454 $ 9,000 $ (500) 4909 MISCELLANEOUS $ 7,200 $ 3,823 $ 12,300 $ 5,100 5100 1OFFICE SUPPLIES $ 13,300 $ 7,691 $ 13,450 $ 150 5101 DETECTIVE SUPPLIES $ 3,000 $ 1,954 $ 3,000 $ 5102 INVESTIGATION FEES $ 1,800 $ 890 $ 1,800 $ 5200 OPERATING SUPPLY $ 40,350 $ 38,564 $ 43,650 $ 3,300 5201 FUEL AND OIL $ 108,394 $ 92,121 $ 123,423 $ 15,029 5202 OPERATING SUPPLIES (TIRES) $ 13,500 $ 4,000 $ 11,500 $ (2,000) 5203 UNIFORMS/PATCHES $ 31,500 $ 31,751 $ 32,775 $ 1,275 5204 POSTAGE & SUPPLIES $ 6,300 $ 3,815 $ 5,300 $ (1,000) 5204 DUMPING FEES $ 500 $ 200 $ 500 $ 5300 ROAD MATERIALS/SUPPLIES $ 8,000 $ 1,859 $ 9,000 $ 5400 BOOKS, PUBLICATIONS, ETC $ 11,100 $ 8,974 $ 11,600 $ 500 6300 IMPROVEMENTS $ $ $ $ 8100 SHARED SERVICES $ 8,000 $ 8,000 $ 8,950 $ 950 8200 AID TO PRIVATE ORGANIZATIONS $ $ $ $ 8201 INTERLOCAL PART. w/IRSC $ 2,272 $ 2,272 $ $ (2,272) 8202 1 PUBLIC SERVICE GRANT $ 20,000 $ 20,000 $ 500 $ (19,500) 8300 IPUBLIC SERVICE GRANT $ $ $ $ TOTAL SUPPLIES AND OTHER SERVICES $ 1,386,902 $ 1,289,994 $ 1,472,383 $ 85,48I TOTAL COST: 1 $ 5,278,835 1 S 4,998,723 1 $ 5,474,079 1 $ 195,241 ,,,/,'��/ • • ice_ ` City of Okeechobee �. Proposed 012 General Fund - 001 DEPARTMENT: LEGISLATIVE (0511) 2011/2012 BUDGET 2011/2012 Estimate 2012/2013 PROPOSED BUDGET TO BUDGET 1100 EXECUTIVE SALARIES $ 36,100 $ 36,100 $ 36,100 $ 1510 LONGEVITY/SERVICE INCENTIVE $ - $ - $ - $ 2100 FICA $ 2,765 $ 2,765 $ 2,765 $ - 2200 RETIREMENT $ 4,693 $ 4,693 $ 4,755 $ 62 2300 LIFE AND HEALTH INSURANCE $ 15,486 $ 16,983 $ 30,781 $ 15,295 2400 WORKERS COMPENSATION $ 165 $ 165 $ 182 $ 17 TOTAL PERSONNEL COSTS: $ 59,209 $ 60,706 $ 74,583 $ 15,374 , �100 .e��r • I GASB STATEMENT 45 ON OPEB ACCOUNTING BY GOVERNMENTS A FEW BASIC QUESTIONS AND ANSWERS 1. Why was Statement 45 on OPEB accounting by governments necessary? Statement 45 was issued to provide more complete, reliable, and decision -useful financial reporting regarding the costs and financial obligations that governments incur when they provide postemployment benefits other than pensions (OPEB) as part of the compensation for services rendered by their employees. Postemployment healthcare benefits, the most common form of OPEB, are a very significant financial commitment for many governments. 2. How was OPEB accounting and financial reporting done prior to Statement 45? Prior to Statement 45, governments typically followed a "pay-as-you-go" accounting approach in which the cost of benefits is not reported until after employees retire. However, this approach is not comprehensive —only revealing a limited amount of data and failing to account for costs and obligations incurred as governments receive employee services each year for which they have promised future benefit payments in exchange. 3. What does Statement 45 accomplish? • When they implement Statement 45, many governments will report, for the first time, annual OPEB cost and their unfunded actuarial accrued liabilities for past service costs. This will foster improved accountability and a better foundation for informed policy decisions about, for example, the level and types of benefits provided and potential methods of financing those benefits. The Standard also: • Results in reporting the estimated cost of the benefits as expense each year during the years that employees are providing services to the government and its constituents in exchange for those benefits. • Provides, to the diverse users of a government's financial reports, more accurate information about the total cost of the services that a government provides to its constituents. • Clarifies whether the amount a government has paid or contributed for OPEB during the report year has covered its annual OPEB cost. Generally, the more of its annual OPEB cost that a government chooses to defer, the higher will be (a) its unfunded actuarial accrued liability and (b) the cash flow demands on the government and its tax or rate payers in future years. • Provides better information to report users about a government's unfunded actuarial accrued liabilities (the difference between a government's total obligation for OPEB and any assets it has set aside for financing the benefits) and changes in the funded status of the benefits over time. INDEPENDENT NEWSPAPERS � • • OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 04--1 1 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that.the attached copy of advertisement being a in the matter of in the 19th Judicial District of. the Circuit Court of Okeechobee County, Florida, was published it said newspaper in the issues of r0 ( ca— Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the .first publication. of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement ff ptrbi-Ration in the said newspaper. Tom Byrd t .Sworn to and subscribed before me this I day of ...A0 `o AD Notary Public, State of Florida at Large ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 u Bonded Thru Notary Public Underwriters CK (863) 763-3134 Luc� QVj IC Ohlblt 2 2ir fL (.0 Aug 21, 2012 ORDINANCE NO. 1088 AN ORDINANCE OF THE CITYOF OKEECHOBEE FLORIDA, GRANTING A NONEXCLUSIVE FRANCHISE FOR THE OPERATION AND MAINTENANCE OF A NATURAL GAS SYSTEM WITHIN THE GEOGRAPHIC BOUNDARIES OF THE CITY OF OKEECHOBEE OR AS HEREAFTER AMENDED, TO FLORIDA PUBLIC UTILITIES COMPANY; PROVIDING FOR DEFINITIONS; PROVIDING FOR A TERM OF YEARS WITH RENEWAL PROVISIONS; PROVIDING FOR CONSTRUCTION OF SERVICE AND DISTRIBUTION LINES; PROVIDING FOR NONEXCLUSIVE USE OF CITY RIGHTS -OF -WAY; PROVIDING FOR MAINTENANCE AND EMERGENCY RESPONSE; PROVIDING FOR ANNUAL REVIEW OF SERVICE; PROVIDING FOR INDEMNIFICATION; PROVIDING FOR DISPUTE RESOLUTION; PROVIDING FOR TERMINATION OF FRANCHISE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee has the authority to grant a non-exclusive Franchise Gilt�ru�« r(FrLEw' for various commercial services including utilities to a provider, and to limit such (� service solely by that provider within a defined geographic area in the City; and Lb �,LJCO 1 WHEREAS, the Franchise contemplated by this ordinance is for Natural Gas Service for the citizens of Okeechobee, which service has not to date been offered or available to the City; and WHEREAS, the provision of such Natural Gas Service would be a benefit to the citizens of Okeechobee to those who wish to subscribe, and would benefit the health, safety and welfare of the citizens, and otherwise promote a valid municipal purpose; and WHEREAS, this Franchise provides for the regular maintenance, improvement and safety of the transmission system, provides for service review by the City Council and the citizens, provides for oversight and regulation by the Florida Public Service Commission, and in all respects would improve the quality of life within Okeechobee. NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: That the City of Okeechobee, Florida does hereby grant unto FLORIDA PUBLIC UTILITIES COMPANY, 1640 Worthington Road, Suite 220, West Palm Beach, Florida, 33409, its successors or assigns, a non-exclusive Franchise for the construction, operation and maintenance of a Natural Gas Distribution System within the geographic boundary of the City of Okeechobee, or as hereafter annexed or contracted, for a term of thirty (30) years from the effective date of this ordinance. 2. That the terms and conditions of the Franchise are accepted, and are specifically contained in the Franchise Agreement, as attached hereto, and its terms, conditions, obligations and agreements are incorporated herein by reference as if fully set forth herein. 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1088 Page 1 of 2 4. If any provision or portion of this ordinance and attached Franchise are declared by any court of competent jurisdiction to be void, unconstitutional or unenforceable, then all remaining provisions and portions of the ordinance and attached Franchise shall remain in full force and effect. 5. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set forfinal public hearing on this 171h day of July 2012. James. E. Kirk, Mayor /_1199:n I Lane Gamiotea, CIVIC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 21" day of A. ugust 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1088 Page 2 of 2 • • GAS FRANCHISE AGREEMENT THIS AGREEMENT is made this day of 2012 by and between the City of Okeechobee, Florida (hereinafter "CITY" or "GRANTOR") and Florida Public Utilities Company (hereinafter "GRANTEE" or "COMPANY"), a Florida for -profit corporation, located 1641 Worthington Road, Ste 220, West Palm Beach, Florida 33409. WHEREAS, COMPANY has applied for a nonexclusive Franchise to operate and maintain a natural gas Distribution System within and through the CITY; and WHEREAS, the CITY finds that expanding the opportunity for its citizens to obtain natural gas will promote the general welfare of the community; and WHEREAS, the Florida Statutes and City ordinances authorize the CITY to grant nonexclusive Franchises; and WHEREAS, the CITY deems it to be in the public's interest to promote the welfare and advancement of the community through a gas franchise. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. AUTHORITY: This Agreement is made pursuant to the authority of Florida Statutes and City ordinances. SECTION 2. DEFINITIONS: For the purposes of this Franchise, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future words, in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. A. "Customer" shall mean any person, firm, public or a private corporation, or governmental agency served by the COMPANY within the corporate limits of the CITY. B. "CITY" shall mean the City of Okeechobee, Okeechobee County, Florida, its successors and assigns C. "COMPANY" shall mean Florida Public Utilities Company, a Florida for -profit corporation, its successors and assigns. D. "Gas" or "Natural Gas" shall mean natural gas and/or manufactured gas and/or a mixture of gases which is distributed in pipes and measured by meter on the Customer's premise. It shall not mean propane gas or liquefied petroleum gas (commonly referred to as "bottled gas") or any other fuel that is typically delivered by truck and stored in tanks. E. "Gross Revenues" shall mean all revenues (as defined by the Florida Public Service Commission) received by the COMPANY from any Customer from the sale or delivery or transportation of gas within the Franchise Area. Not included in this definition shall be revenue derived from the sale or delivery or transportation of gas to Large Volume Service Customers and Large Volume Transportation Service as defined in Company's Natural Gas Tariff as filed with and Approved by the FPSC. F. "Large Volume Service Customers and Large Volume Transportation Service" shall mean an end user that has a minimum annual gas consumption of fifty -thousand (50,000) therms. G. "Facilities" or "equipment" shall mean COMPANY pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, structure or structures, and appurtenances used or useful in the distribution of gas, located Page 1 of 1 or to be located in, upon, along, within, across, or under the public streets, alleys, waterways, easements and other public places of the CITY. H. "Franchise Agreement" shall mean this document executed by the CITY and COMPANY giving the Company the authority to operate the non-exclusive franchise within the CITY. I. "FPSC" shall mean the Florida Public Service Commission or any successor agency. J. "Distribution System" shall mean any and all transmission pipelines, main pipelines, together with all necessary and desirable appurtenances as may be reasonably necessary for the sale and distribution of Natural Gas for the public and private use of Customers within the corporate limits of the CITY. K. "Construct or Construction" shall mean removing, replacing, and repairing existing pipeline(s) and/or Facilities and may include, but is not limited to, digging and/or excavating for the purposes of removing, replacing, and repairing existing pipeline(s) and/or Facilities. L. "Franchise Area" shall mean the area within the jurisdictional boundaries of the CITY, including any areas annexed by CITY during the term of this Franchise, in which case the annexed area shall become subject to the terms of this Franchise. M. "Hazardous Substance" shall mean any hazardous, toxic, or dangerous substance, material, waste, pollutant, or contaminant. The term shall specifically include natural gas, petroleum and petroleum products and their byproducts, residue, and remainder in whatever form or state. The term shall also be interpreted to include any substance which, after release into the environment, will or may reasonably be anticipated to cause death, disease, injury, sickness, illness, behavior abnormalities or, genetic abnormalities. N. "Abandonment", "Abandon" shall mean permanent cessation of use of the Distribution System for the purposes of supplying natural gas with no intention to resume or reclaim. There is irrefutable presumption of abandonment where Company ceases use of the Distribution System for the purposes of supplying natural gas for period of six (6) consecutive months, unless otherwise agreed to by the CITY. O. "Ordinance" shall mean Ordinance No. 1088, which incorporates the terms and conditions of this Franchise. SECTION 3. GRANT: A. CITY hereby grants to COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Florida, and which is authorized to transact business within the State of Florida, its successors and assigns (as provided herein), the right, privilege, authority and Franchise to construct, operate and maintain its existing pipeline(s) and/or Facilities necessary for the transportation, distribution and handling of natural gas within the Franchise Area. B. This Franchise is non-exclusive. CITY reserves all rights to its property, including, without limitation, the right to grant additional Franchises, easements, licenses and permits to others to use the rights -of -way and public properties, provided that the CITY shall not grant any other Franchise, license, easement or permit that would unreasonably interfere with COMPANY'S permitted use under this Franchise. This Franchise shall in no manner prohibit the CITY or limit its power to perform work upon its rights -of -way, public properties or make all necessary changes, relocations, repairs, maintenance, establishment, improvement thereto, or from using any of the rights -of -way and public properties, or any part of them, as the CITY may deem fit from time to time, including the dedication, establishment, maintenance and improvement of all new rights -of -way and other public properties of every type and description. Page 2 of 13 • 01 C. This Franchise is conditioned upon the terms and conditions contained herein and COMPANY'S compliance with all applicable federal, state or other regulatory programs that currently exist or may hereafter be enacted by any regulatory agencies with jurisdiction over the COMPANY. D. By granting this Franchise, the CITY is not assuming any risks or liabilities therefrom, which shall be solely and separately borne by COMPANY as otherwise provided herein. COMPANY agrees and covenants to, at its sole cost and expense, take all necessary and prudent steps to protect, support, and keep safe from harm its pipeline(s) and/or Facilities, or any part thereof, when necessary to protect the public health and safety. E. This Franchise is only intended to convey a limited right and interest. It is not a warranty of title or interest in CITY'S rights -of -way or other public properties. None of the rights granted herein shall affect the CITY'S jurisdiction over its property, streets or rights -of - way. If CITY should close any street, right-of-way or alleyway in which COMPANY has pipelines and adjoining landowner or the Hamrick Family Trust should claim some right or interest, then COMPANY shall resolve that issue and hold CITY harmless therefrom. F. The limited rights and privileges granted under this Franchise shall not convey any right to COMPANY to install any new pipeline(s) and/ or Facilities without the express written consent of CITY. G. The CITY may, at its discretion each year of the term of this Franchise hold evaluation sessions upon reasonable notice to the COMPANY. All evaluation sessions shall be open to the public. Topics which may be addressed or special evaluation session may include, but not limited to, system performance, COMPANY'S compliance with this Franchise, customer service and complaint response, customer privacy, franchise fees, penalties, possible applications of new technologies on the system, judicial and FPSC filings, and line extensions. As a result of an evaluation session, the CITY or COMPANY may propose an amendment to the terms of this Franchise, COMPANY and the CITY will, in good faith, review the terms of the Proposed Modification and consider amending this Franchise accordingly, provided that any improvements are contained in the Proposed Modification can be instituted through technology which has been demonstrated to be feasible for its intended purpose, in an operationally workable manner, and in a manner which is normally profitable with respect to each such improvement within the remaining term of the Franchise. SECTION 4. TERM: The Franchise hereby granted shall be for a period of thirty (30) years from the effective date of this Agreement. During the term of the Franchise the CITY shall have favored nation status that will serve to automatically adjust the Franchise fee due the CITY to the highest rate given by COMPANY. Furthermore, rate structures and/or rates given by company to other franchisees shall be provided to the CITY upon written request. SECTION 5. TERMINATION: The CITY reserves the right to terminate, at any time, any franchise granted herein, and to rescind all rights and privileges pursuant to the procedures set forth in Section 28 herein, in the event that: A. The COMPANY has not fully complied in some material respect with any provision of 1\ this Franchise Agreement, or any supplemental written agreement entered into by and between the CITY and the COMPANY. y0 B. The COMPANY is expected to perform in good faith and to provide natural gas services to feasible parcels with the franchise area within a reasonable timeframe. The CITY reserves the right to terminate the franchise if COMPANY has not commenced \� construction within the franchise area within one (1) year of the approval of this ti!` Agreement. C. The COMPANY has made a material, false statement in the application for the t (` franchise, knowing it to be false. Page 3 of 13 D. The COMPANY becomes insolvent, enters into receivership or liquidation, files for bankruptcy, is unable or unwilling to pay its debts as they mature, or is in financial difficulty of sufficient consequence so as to jeopardize, by order of the FPSC, the continued operation of the natural gas system, unless the COMPANY is in due process of contesting such debt. E. The COMPANY knowingly or intentionally violates any FPSC order or ruling, or the order or ruling of any other governmental body having jurisdiction over the COMPANY which materially affects COMPANY'S ability to safely provide service to the CITY. F. In the event either party breaches any material provision of this Agreement, the other parry may, at its option, provide written notice to the party in breach to remedy such breach. If the said breach is not remedied within thirty (30) days after receipt of the written notice or such further time as may be reasonably required by the party in breach using best efforts on a commercially reasonable basis to remedy the breach, the party not in breach may proceed with dispute resolution as provided in this Agreement. Provided, however, that no such termination shall take effect if the reasonableness or propriety thereof is challenged by COMPANY pursuant to Section 28 herein and a court of competent jurisdiction (with right of appeal in either party) shall have found that COMPANY has failed to comply in a material respect with any of the provisions of the Franchise Agreement. COMPANY will initiate corrective action within 30 days and complete the necessary corrections in a timely manner consistent with industry standards. SECTION 6. ABANDONMENT: In the event COMPANY abandons the Distribution System, the CITY may advertise and seek another COMPANY to operate the system. Upon abandonment, at the request of the CITY, the COMPANY shall seal all abandoned gas lines and transfer ownership of the Distribution System to the CITY at no charge and submit to the CITY an instrument in writing, subject to the approval of the City Attorney, affecting such transfer. If the COMPANY does not desire that the Distribution System be transferred to the CITY, the CITY will require the COMPANY to remove the abandoned Distribution System and restore the site(s), for which COMPANY shall have one hundred eighty (180) days unless the CITY agrees to additional time. It shall be the sole responsibility of the COMPANY to purge the unused gas or natural gas product from any and all of COMPANY'S Distribution System. SECTION 7. ASSIGNMENT: The COMPANY, upon prior notice to and approval by the CITY, shall have the right and authority at its option, to assign lease, or otherwise alienate and transfer this Franchise Agreement in connection with the lease or sale of the Distribution System all rights conferred upon it by this Franchise Agreement to any entity after first submitting a request to transfer to the CITY and paying a nonrefundable transfer fee of twenty five hundred dollars ($2,500.00) to the CITY. The assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this franchise. Notwithstanding the foregoing, and without payment of a transfer fee, the COMPANY may, at its option alienate and transfer this Franchise Agreement in connection with the COMPANY'S merger and consolidation with any other entity or pledge or mortgage such Franchise in connection with the physical property owned and used by the COMPANY in the operation of the Distribution System for the purpose of securing payment of monies borrowed by the COMPANY, provided that any successor -in - interest to the Distribution System agrees to be bound by the terms of the Franchise Agreement. SECTION 8. CITY COVENANT: As a further consideration of this Franchise Agreement, the CITY covenants and agrees that it will not, during the term of this Franchise Agreement or any extension thereof, engage in the business of distributing or selling Natural Gas within the corporate limits of the CITY, as modified, during the term of this Franchise Agreement. SECTION 9. USE OF STREETS: The Distribution System shall be erected, placed, or laid in such manner as will, consistent with necessity, least interfere with other public uses of said public streets, alleys, waterways, easements and other public places of the CITY, and said public streets, alleys, waterways, easements and other public places of the CITY shall not be unnecessarily obstructed, and Page 4 of 13 • • before, except in an emergency situation, the COMPANY makes any excavation or disturbs the surface of any of the public streets, alleys, waterways, easements and other public places of the CITY, it shall make application for a permit to the appropriate CITY authority and shall with due diligence and dispatch, place such public streets, alleys, waterways, easements and other public places of the CITY in as good condition and repair as before such excavation or disturbance was made, and in default thereof the CITY, or its subcontractor, may make such repairs and charge the reasonable cost thereof to the COMPANY and collect the same from it. To the extent consistent with Florida Law, the COMPANY hereby agrees to abide by all the rulesand regulations and ordinances which the CITY has passed or might pass in the future, and further agrees to abide by any established policy which the CITY or its duly authorized representative has passed, established, or will establish; provided, however, it is not intended hereby that the CITY shall have the right of breaching the terms of this Franchise Agreement other than as herein provided. SECTION 10. MAINTENANCE: All such components of the Distribution System of the COMPANY located within the CITY shall be installed and maintained in accordance with accepted good practice and in accordance with the orders, rules, and regulations of thft Florida Public Service Commission or other regulatory body having jurisdiction over the COMPANY. SECTION 11. LAYING OF PIPE: All components of the Distribution System shall be laid consistent with all applicable codes, rules, regulations and laws, specifications contained in CITY permits. SECTION 12. CONSTRUCTION WORK: Prior to construction and installation of the gas distribution system, COMPANY shall apply to the CITY for a site plan review through the Technical Review Committee as provided for in City Code Section 70-102. As part of the site plan application the COMPANY shall provide, among other items, preliminary plans describing the extent of the project and the methodology that the COMPANY plans to use for installation, including a timeline for completion of same. The CITY reserves the right to permit to be laid electric conduits, water and gas pipes and lines, cables, sewers, and all appurtenances associated therewith, including but not limited to, curbs and gutters, and to do and permit to be done any work that may be deemed necessary or proper by the CITY or other governmental body having jurisdiction in, across, along, or under any of the public streets, alleys, waterways, easements and other public places of the CITY. Whenever, by reason of establishing a grade or by reason of changes in the grade of any street, or by reason of the widening, grading, paving, or otherwise improving present or future public streets, alleys, waterways, easements and other public places of the CITY, or in the location or manner of construction of any water pipes, electric conduits, sewers, or other structure, it shall be deemed necessary by the CITY or other governmental body to alter, change, adapt, or conform any portion of the Distribution System of the Company hereto, such alterations, or changes, shall be made by the COMPANY as ordered in writing by the CITY or other governing body, without claim for reimbursement. The COMPANY shall, to the best extent possible, conform to and comply with the efforts of the CITY to maximize the use of the CITY property and to minimize the impact of construction projects by merging projects. If the CITY shall require the COMPANY to adapt or conform any portion of its Distribution System or in any way to alter, relocate or change its property to enable any other Person or corporation to use said public streets, alleys, waterways, easements and other public places of the CITY, as part of its permitting or approval process, the CITY shall require the Person desiring or occasioning such alteration, relocation or change to reimburse the COMPANY for any loss, cost or expense caused by or arising out of such change, alteration or relocation of any portion of the COMPANY'S facilities. The COMPANY further agrees that it will not intentionally interfere with, change, or injure any water pipes, drains, or sewers of said CITY unless it has received specific permission from the CITY or its duly authorized representative. SECTION 13. CUSTOMER COMPLAINTS: COMPANY, its successors and assigns, shall throughout the term of the Franchise distribute to all consumers gas of good quality and the COMPANY shall provide gas service within the limits of this Franchise area under the rules and regulations of the FPSC. All complaints shall be resolved by the COMPANY in accordance with said rules and regulations. The COMPANY Page 5 of 13 -�)tc . _-)! `, shall maintain a local or toll free telephone number 24 hours a day to accept service calls and complaints from customers. The COMPANY shall render efficient service, make repairs promptly pursuant to FPSC rules and regulations, and interrupt service only for good cause. Any complaints shall be investigated and acted upon as soon as possible. SECTION 14. COMPLIANCE WITH CITY REQUESTS: If, at any time, in case of fire or other disaster in the CITY, it shall become necessary, in the judgment of the City Administrator or his or her designee or Fire Chief of City or his or her designee or the Police Chief of City or his or her designee, to stop the flow of natural gas into a structure or structures as necessary such function shall be done by the COMPANY and any repairs rendered necessary thereby shall be made by the COMPANY at no expense to the CITY. SECTION 15. LEAKS RUPTURES AND EMERGENCY RESPONSE: A. COMPANY shall have in place, at all times during the term of this Franchise, a system to remotely monitor pressure at point(s) designate by COMPANY to ensure adequate pressure is available to serve Customers . The system used shall comply with industry standards. The remote monitoring must be able to accurately detect pipeline ruptures by ` I sensing loss of pressure. 11 j"G:La (�h % -N B. During the term of this Franchise, Grantee shall have a written emergency response plan and procedure for locating leaks and ruptures and for shutting down valves as rapidly as possible. Upon acceptance of this Franchise, COMPANY shall provide, for CITY'S approval and acceptance, a copy of its emergency response plans and procedures, including, but not limited to, emergency rupture response. All proprietary or information critical to system security may be redacted; however, such information related to system security shall be disclosed to CITY officials. If the parties disagree as to the adequacy of Grantee's emergency response plan, the CITY shall request the FPSC, or its successor, review the areas of the plan that causes the CITY concern. If the review recommends that COMPANY make modifications or additions to COMPANY'S emergency response plan, COMPANY covenants to consider said recommendations in good faith. If COMPANY declines to follow the recommendations, COMPANY shall provide a written report to the CITY explaining its reasoning for not following said recommendations. The parties agree to comply with the dispute resolution provisions contained herein to resolve any dispute over the whether to follow the recommendations. COMPANY'S emergency plans and procedures shall designate COMPANY'S responsible local emergency response officials and a direct 24-hour emergency contact number for the control center operator. COMPANY shall, after being notified of an emergency, cooperate with the CITY and make every effort to respond as soon as possible to protect the public's health, safety and welfare. E. The parties agree to meet annually to review the emergency plans and procedures. CITY shall coordinate this meeting with the COMPANY. F. Except as otherwise provide in Section 22 herein, COMPANY shall be solely responsible for all necessary costs incurred in responding to any leak, rupture or other release of natural gas from COMPANY'S pipeline(s) and/or Facilities, including, but not limited to, detection and removal of any contaminants from air, earth or water, and all remediation costs. Provided, however, nothing in the Section shall prevent COMPANY from pursuing recovery of such costs from responsible third parties. G. If requested by CITY in writing, COMPANY shall provide a written summary concerning any leak or rupture within thirty (30) days of the event, including, but not limited to, the leak or rupture's date, time, amount, location, response, remediation and other agencies COMPANY has notified. H. The CITY may investigate any leak or rupture to the pipeline. COMPANY shall meet and Page 6 of 13 • confer with the CITY following the CITY'S investigation to address whether any modifications or additions to COMPANY'S pipeline(s) and/or Facilities may be warranted. 1. If the CITY recommends that COMPANY make modifications or additions to COMPANY'S pipeline(s) and/or Facilities, COMPANY covenants to consider said recommendations in good faith. If COMPANY declines to follow the CITY'S recommendations, COMPANY shall provide a written report to the CITY explaining its reasoning for not following said recommendations. The parties agree to comply with the dispute resolution provisions contained herein to resolve any dispute over the whether to follow the CITY'S recommendations. J. By the CITY'S approval of system operations, making of recommendations or requiring amendments to service or this Franchise, such shall not be construed or implied as the assumption of any liability by the CITY as to system operation or malfunction. SECTION 16. RELOCATION: A. In the event that CITY undertakes or approves the construction of or changes to the grade or location of any water, sewer or storm drainage line, street, sidewalk or other CITY improvement project or any governmental agency or any person or entity acting in a governmental capacity, or on the behalf of, under the authority of, or at the request of the CITY or any other governmental agency, undertakes any improvement project and the CITY determines that the project might reasonably require the relocation of COMPANY'S Facilities, CITY shall provide the COMPANY at least ninety (90) calendar days prior written notice or such additional time as may reasonably be required, of such project requiring relocation of COMPANY'S pipeline(s) and/or Facilities. B. CITY, to the extent possible and available, shall provide COMPANY with copies of pertinent portions of the plans and specifications for the improvement project. Upon request, COMPANY shall, at its cost and expense, determine and identify for CITY the exact location of its pipeline(s) and Facilities potentially affected by the improvement project. C. COMPANY may, after receipt of written notice requesting a relocation of its Facilities, submit to the CITY written alternatives to the relocation within forty-five (45) calendar days of receiving the plans and specifications. Regardless of whether plans and specifications are available to COMPANY, COMPANY shall comply with the timeframes as set forth in Section16A herein. The CITY shall evaluate the alternatives and advise COMPANY in writing if one or more of the alternatives are suitable to accommodate the work that would otherwise necessitate relocation of the Facilities. If requested by the CITY, COMPANY shall submit additional information to assist the CITY in making the evaluation. The CITY shall give each alternative proposed by COMPANY full and fair consideration but retains full discretion to decide for itself whether to utilize its original plan or an alternative proposed by COMPANY. In the event the CITY ultimately determines that there is no other reasonable alternative, COMPANY shall relocate its Facilities as proposed by the CITY. D. If any improvement project under this Section 16 is required in the interest of public health, safety, welfare, necessity or convenience, as adjudged in the sole discretion of the CITY, the COMPANY shall make such changes as required herein at COMPANY'S sole cost, expense and risk. E. CITY shall work cooperatively with COMPANY in determining a viable and practical route within which COMPANY may relocate its Facilities, in order to minimize costs while meeting CITY'S project objectives. F. COMPANY shall complete relocation of its Facilities so as to accommodate the improvement project at least ten (10) calendar days prior to commencement of the improvement project or such other time as the parties may agree in writing. SECTION 17. TECHNOLOGICAL IMPROVEMENTS: The COMPANY shall generally introduce and install, as soon as practicable, gas technological advances in its equipment and service within the CITY when such advances are technically and economically feasible and are safe and beneficial to the CITY and its residents. Upon Page 7 of 13 request by the CITY, the COMPANY shall review and promptly report advances which have occurred in the gas industry that have been incorporated into the COMPANY'S operations in the CITY in the previous year or will be so incorporated in the six (6) months following the CITY'S request. SECTION 18. FRANCHISE FEE: W-L Within thirty (30) days after the close of each calendar quarter following the effective date of " this Franchise Agreement, the COMPANY, its successors or assigns, shall pay to the CITY, or �lc� Lli*)C I" its successors, a sum of money which is equal to six and one-half percent (6.5%) of the C > �Ja COMPANY'S Gross Revenue, for that preceding quarter, less any adjustments for uncollectible accounts, from the sale or delivery of Natural Gas to Customers within the corporate limits of ,n6W the CITY (excluding (a) the CITY and each agency, board, commission or department 1A('Olu thereof, and (b) Those Customers for whom the CITY has waived, in whole or in part, the 0obligation to pay a franchise fee) and less the amount of other licenses, excises, fees, charges QS (� and other impositions of any kind whatsoever except ad valorem property tax and non -ad valorem tax assessments on property levied by CITY against COMPANY'S property, business, or operations for the tax year proceeding the beginning of the applicable privilege tax year, but �1 also not including any public service tax levied on the purchase of metered or bottled gas pursuant to F.S. § 166.231. For failure to pay an undisputed franchise fee on time the S COMPANY shall pay to the CITY on the amount unpaid at a rate equal to one percent (1%) ( � �`�- per month from the date the amount was due to the date it is finally paid. The franchise fee (,(0V payment shall be deemed paid on time if post -marked within thirty (30) days of the close of the (` preceding calendar quarter. The COMPANY shall file with the CITY, within three months after (d,i{L L the expiration of the COMPANY'S fiscal year, a financial statement signed and attested to by 1 �(5 a COMPANY'S designated accounting supervisor of the franchise showing in detail the COMPANY'S gross revenues earned in the Franchise area during each such fiscal year. SECTION 19. FRANCHISE PARITY: If, during the term of this Franchise Agreement, the CITY, by Franchise Agreement or ordinance, allows other gas providers, gas consumers or gas transporters ("Alternate Gas Providers") the right, privilege or franchise to construct, maintain, operate or use gas facilities in, under, upon, over or across the present or future public streets, alleys, waterways, easements and other public places of the CITY, for the purpose of supplying or delivering Natural Gas to customers located within the corporate limits of the CITY or receiving such gas from a person other than the COMPANY within such corporate limits, and imposes a franchise compensation obligation or an equivalent on such Alternate Gas Provider for any customer or class of customers that is less than that imposed with respect to the same Customer or class of Customers under this Franchise Agreement, the Franchise compensation rate and/or base to which such rate is applied with respect to the same class of customers shall be reduced under this Franchise Agreement so that the Franchise compensation paid hereunder for such Customer class is no greater than the Franchise compensation payable by such Alternate Gas Provider under the Franchise Agreement or ordinance applicable to it, when compared on a dollars -per -term basis. In the event that the CITY determines not to impose any Franchise compensation by agreement, ordinance or otherwise on any such Alternate Gas Provider, the COMPANY'S obligation to pay a Franchise fee under this Franchise Agreement with respect to revenues derived from the provision of service by the COMPANY to the comparable class of customers served by such Alternate Gas Provider thereafter shall be extinguished. SECTION 20. ACCOUNTS AND RECORDS: The COMPANY shall maintain accounting, maintenance, and construction records as prescribed by the FPSC. The COMPANY shall establish and maintain appropriate accounts and records in such detail that revenues within the corporate limits of the CITY are consistently declared separately from all other revenues, and such records shall be maintained within the State of Florida, and be open at all reasonable times for inspection by the duly authorized representatives of the CITY pursuant to an appropriate confidentiality agreement. The COMPANY shall maintain its billing records only for the period of time required by the FPSC and any examination conducted after such period shall be confined to the billing records then available. SECTION 21. INSURANCE AND PERFORMANCE BOND: During the term of this Franchise, the COMPANY shall file with the City Clerk and shall keep Page 8 of 13 • 0 in full force and effect at all times during the effective period hereof, Insurance certificates evidencing a general liability insurance policy or policies or evidence of self-insurance, the terms and conditions whereof shall provide that the CITY is an additional insured as to the COMPANY'S construction or operation of a Natural Gas distribution system within the corporate limits of the CITY, as they currently exist or may exist in the future. Each such policy shall be in the minimum sum of$1,000,000.00 for injury or death to any one person, and in the minimum sum of $5,000,000.00 for injury or death to all persons where there is more than one person involved in any one accident, and in the minimum sum of $1,000,000.00 for damage to property, resulting from any one accident, and each of the said minimum sums shall remain in full force and shall be undiminished during the effective period of this Agreement. Any change in the scope or limits of the COMPANY'S insurance will require written approval from the CITY. Prior to commencement of any upgrade of the gas distribution system, COMPANY will furnish and file with the CITY a construction bond in the amount of twenty-five thousand ($25,000) dollars. The construction bond shall insure the faithful performance by COMPANY of all terms and conditions of this agreement with regard to the upgrade of the system. The COMPANY issuing such bond shall be licensed to do business in the State of Florida. Upon completion of the upgrade of the Gas Distribution System, the construction bond shall be released, and the CITY agrees to execute any and all documents necessary for such release. SECTION 22. INDEMNIFICATION: A. General. In consideration of the permissions granted to the COMPANY by this Franchise Agreement, the COMPANY hereby agrees to indemnify and hold harmless the CITY, its officers, agents and employees from and against claims, suits, actions, and causes of action, caused by or arising out of the COMPANY'S negligent operation of the Distribution System within the CITY during the term of this Franchise and resulting in personal injury, loss of life or damage to property sustained by any person or entity, through or as a result of the doing of any work herein authorized or the failure to do work herein required, and including all reasonable costs, attorney's fees, expenses and liabilities incurred by the CITY in connection with any such claim, suit, action or cause of action including the investigation thereof, and the defense of any action or proceeding brought thereon and any order, judgment or decree which may be entered in any such action or proceeding or as a result thereof, except that neither the COMPANY nor any of its employees, agents, contractor, licensees, or sub -lessees shall be liable under this section for any claims, suits, actions, damages, expenditures, including attorney's fees, or causes of action arising out of injury, loss of life or damage to persons or property caused by or arising out of the negligence, strict liability, intentional torts, criminal acts, or error of the CITY, its officers, agents, or employees. Nothing in this Agreement shall be construed to affect in any way the CITY'S rights, privileges, and immunities under the doctrine of "sovereign immunity" and as set forth in Section 768.28, Florida Statutes. The provisions of this section shall survive the expiration or earlier termination of this Franchise Agreement. B. Environmental. COMPANY shall indemnify, defend and save CITY harmless from and against any and all liability, loss, damage, expense, actions and claims, either at law or in equity, Including, but not limited to, costs and reasonable attorneys' and experts' fees incurred by CITY in defense thereof, arising directly or indirectly from (a) COMPANY'S breach of any environmental laws applicable to the Distribution System or (b) from any release of a hazardous substance on or from the pipeline arising out of the COMPANY'S operation of the pipeline, except that neither the COMPANY nor any of its employees, agents, contractors, licensees, or sub -lessees shall be liable under this Section for any claims, suits, actions, damages, expenditures, including attorneys' fees, or causes of actions arising out of injury, loss of life or damage to persons or property caused by or arising out of the gross negligence, intentional torts, or criminal acts of the CITY, its officers, agents, or employees. This indemnity includes but is not limited to (a) liability for a governmental agency's costs of removal or remedial action for hazardous substances; (b) damages to natural resources caused by hazardous substances, including the reasonable costs of assessing such damages; (c) liability for any other person's costs of responding to hazardous substances; (d) liability for any costs of investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any environmental laws; and (e) liability for personal injury, property damage, or economic loss arising under any statutory or common-law theory. Nothing in this Agreement shall be construed to affect in any way the CITY'S rights, privileges, and immunities under the Page 9 of 13 doctrine of "sovereign immunity" and as set forth in Section 768.28, Florida Statutes. The provisions of this section shall survive the expiration or earlier termination of this Franchise Agreement. SECTION 23. RECEIVERSHIP AND FORECLOSURE: A. COMPANY shall immediately notify the CITY in writing if it: files a voluntary petition in bankruptcy, a voluntary petition to reorganize its business, or a voluntary petition to effect a plan or other arrangement with creditors; files an answer admitting the jurisdiction of the Court and the material allegations of an involuntary petition filed pursuant to the Bankruptcy Code, as amended; or is adjudicated bankrupt, makes an assignment for the benefit of creditors, or applies for or consents to the appointment of any receiver or trustee of all or any part of its property including all or any parts of its business operations, pipeline(s) or Facilities within or affecting the Franchise Area. B. Upon the foreclosure or other judicial sale of all or a substantial part of COMPANY'S business operations, pipeline(s) or Facilities within or affecting the Franchise Area, or upon the termination of any lease covering all or a substantial part of the pipelines) or Facilities within or affecting the Franchise Area, or upon the occasion of additional events which effectively cause termination of COMPANY'S rights or ability to operate the pipeline(s) or Facilities within or affecting the Franchise Area, COMPANY shall notify the CITY of such fact, and such notification or the occurrence of such terminating events shall be treated as a notification that a change in control of the COMPANY has taken place, and the provisions of this Franchise Agreement governing the consent of the CITY to such change in control of the COMPANY shall apply. C. The CITY shall have the right to cancel this Franchise one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of a COMPANY, whether in receivership, reorganization, bankruptcy, or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless:(a) Within one hundred twenty (120) days after the election or appointment, such receiver or trustee shall have fully complied with all of the provisions of this Franchise Agreement and remedied any existing violations and/or defaults; and (b) Within said one hundred twenty (120) days, such receiver or trustee shall have executed an agreement, duly approved by the court having jurisdiction, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise Agreement granted to the COMPANY except where expressly prohibited by Florida law. SECTION 24. FORFEITURE OR REVOCATION OF GRANT: Material violation by the COMPANY of any of the covenants, terms, and conditions hereof, or default by the COMPANY in observing or carrying into effect any of said covenants, terms and conditions, shall authorize and empower the CITY to declare a forfeiture of and to revoke and cancel all rights granted hereunder, provided, however, that before such action by the CITY shall become operative and effective, the COMPANY shall have been served by the CITY with a written notice setting forth all matters pertinent to such violation or default, and describing the action of the Council with respect thereto, and the COMPANY shall have had a period of sixty (60) days after service of such notice within which to cure such violation or within which to present a plan, satisfactory to the CITY, acting reasonably, to affect such cure; and provided further that any violation or default resulting from a strike, a lockout, an act of God, or any other cause beyond the control of the COMPANY shall not constitute grounds for revoking and canceling any rights hereunder. In the event of forfeiture, the COMPANY shall have the right to assign, sell or transfer, to any entity of its choice, the rights conferred by this Franchise Agreement subject to the terms in Section 7 of this Agreement. SECTION 25. FRANCHISE ACCEPTANCE: The Franchise granted by this Agreement shall be conditioned upon the passage of an ordinance by the CITY accepting this Agreement and by the proper execution of this Agreement by the parties. SECTION 26. CONFIDENTIAL INFORMATION: CITY acknowledges that certain information it might request pursuant to this franchise may be of a proprietary and confidential nature. If COMPANY requests that any information provided Page 10 of 13 • by COMPANY to CITY be kept confidential due to such proprietary orcommercial value, CITY and its employees, agents, and representatives shall maintain the confidentiality of such information, unless shown to be required to be released by Ch. 119 FL. Statutes. If CITY is requested or required by legal or administrative process to disclose any such confidential information, CITY shall promptly notify COMPANY of such request or requirement so that COMPANY may seek an appropriate protective order or other relief CITY shall use all reasonable efforts to ensure that the confidentiality of COMPANY'S confidential information is maintained. SECTION 27. LEGAL RELATIONS: A. Nothing contained in this Franchise shall be construed to create an association, trust, partnership, agency relationship, or joint venture or to impose a trust, partnership, or agency duty, obligation or liability on or with regard to any party. Each party shall be individually and severally liable for its own duties, obligations, and liabilities under this Franchise. B. COMPANY accepts any privileges granted by CITY to the Franchise Area, public rights - of -way and other Public Property in an "as is" condition. COMPANY agrees that the CITY has never made any representations, implied or express warranties or guarantees as to the suitability, security or safety of COMPANY'S location of facilities or the facilities themselves in public property or rights -of -way or possible hazards or dangers arising from other uses of the public rights -of -way or other public property by the CITY or the general public. COMPANY shall remain solely and separately liable for the function, testing, maintenance, replacement and/or repair of the pipeline or other activities permitted under this Franchise. C. This Franchise shall be governed by and construed in accordance with the laws of the State of Florida and the parties agree that in any action venue shall lie exclusively in Okeechobee County, Florida. SECTION 28. DISPUTE RESOLUTION: If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may pursue such other relief permitted by law. SECTION 29. MISCELLANEOUS: A. In the event that a court or agency of competent jurisdiction declares a material provision of this Franchise Agreement to be invalid, illegal or unenforceable, the parties shall negotiate in good faith and agree, to the maximum extent practicable in light of such determination, to such amendments or modifications as are appropriate actions so as to give effect to the intentions of the parties as reflected herein. If severance from this Franchise Agreement of the particular provision(s) determined to be invalid, illegal or unenforceable will fundamentally impair the value of this Franchise Agreement, either party may apply to a court of competent jurisdiction to reform or reconstitute the Franchise Agreement so as to recapture the original intent of said particular provision(s). All other provisions of the Franchise shall remain in effect at all times during which negotiations or a judicial action remains pending. B. Whenever this Franchise sets forth a time for any act to be performed, such time shall be deemed to be of the essence, and any failure to perform within the allotted time may be considered a material violation of this Franchise. C. In the event that COMPANY is prevented or delayed in the performance of any of its obligations under this Franchise by reason(s) beyond the reasonable control of COMPANY, then COMPANY performance shall be excused during the Force Majeure occurrence. Upon removal or termination of the Force Majeure occurrence the Page 11 of 13 COMPANY shall promptly perform the affected obligations in an orderly and expedited manner under this Franchise or procure a substitute for such obligation or performance that is satisfactory to CITY. COMPANY performance shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. D. The section headings in this Franchise are for convenience only, and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of the Section to which they pertain. E. By entering into this Franchise, the parties expressly do not intend to create any obligation or liability, or promise any performance to, any third party, nor have the parties created for any third party any right to enforce this Franchise. F. This Franchise and all of the terms and provisions shall be binding upon and inure to the benefit of the respective successors and assignees of the parties. G. Whenever this Franchise calls for notice to or notification by any party, the same (unless otherwise specifically provided) shall be in writing and directed to the recipient at the address set forth in this Section, unless written notice of change of address is provided to the other party. If the date for making any payment or performing any act is a legal holiday, payment may be made or the act performed on the next succeeding business day which is not a legal holiday. Notices shall be directed to the parties as follows: To the CITY: To the COMPANY: City of Okeechobee Florida Public Utilities Company City Administrator Director of Gas Operations 55 SE Td Avenue 1641 Worthington Rd, Ste 220 Okeechobee, FL 34974 West Palm Beach, FL 33409 H. The parties each represent and warrant that they have full authority to enter into and to perform this Franchise, that they are not in default or violation of any permit, license, or similar requirement necessary to carry out the terms hereof, and that no further approval, permit, license, certification, or action by a governmental authority is required to execute and perform this Franchise, except such as may be routinely required and obtained in the ordinary course of business. This Franchise Agreement and the attachments hereto represent the entire understanding and agreement between the parties with respect to the subject matter and it supersedes all prior oral negotiations between the parties. This Franchise Agreement can be amended, supplemented, modified or changed only by an agreement in writing which makes specific reference to the Franchise Agreement or the appropriate attachment and which is signed by the party against whom enforcement of any such amendment, supplement, modification or change is sought. All previous Franchise Agreements between the parties pertaining to COMPANY'S Operation of its pipeline(s) and/or Facilities are hereby superseded. J. The right of the CITY to construct, purchase or condemn any public utility works or ways, and the rights of the COMPANY in connection therewith, as provided by the Florida Constitution and Statutes, are hereby expressly reserved. K. Upon receipt of the CITY'S authorization for billing and construction, the COMPANY shall extend its facilities to provide gas to the CITY for municipal uses within the CITY limits and within the COMPANY certificated service area when such service is otherwise available near CITY facilities, without requiring the CITY to advance funds prior to construction. All such extensions shall be done under the most favorable applicable rates and terms within the COMPANY'S FPSC approved Natural Gas Tariff. L. Interpretations of this Agreement on behalf of the CITY shall be made by the CITY Administrator or his or her designee. Page 12 of 13 M. The Effective Date of this Franchise shall be the 215t day of August, 2012, after passage, approval and legal publication of the Ordinance as provided by law, and execution of this Agreement. N. The preparation of this Agreement has been a joint effort of the parties and a result of negotiation between the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the patties than the other. No oral representations shall be capable of altering the written terms of this agreement. SECTION 30. DISCRIMINATION PROHIBITED: A. COMPANY shall not illegally discriminate in its rates, charges, or availability of service, or grant illegal preferences or advantages to any customers or potential customers or group of customers prejudicing any other group. COMPANY may not discriminate in providing service or services to customers or users on the basis of age, race, creed, religion, color, sex, handicap, national origin, marital status or political affiliation. However, it is understood that COMPANY'S rates are regulated by the FPSC and vary based on type of and use of gas service provided in accordance with COMPANY'S FPSC approved Natural Gas Tariff. B. Franchisee shall not discriminate against any person in employment or compensation or in terms and conditions of employment or discharge from employment because of age, race, creed, religion, color, sex, disability, national origin, marital status, or political affiliation. Franchisee must comply with all federal, state, and local regulations governing employment discrimination. SECTION 31. MINOR CHANGES IN PROVISIONS HEREOF: Minor changes in the terms and conditions hereof may be made by written agreement between the CITY and the COMPANY. SECTION 32: SEVERABILITY: If any section, part of section, paragraph, sentence, or clause of this Agreement shall be adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of any other portion hereof, but shall be restricted and limited in its operation and effect to that specific portion hereof involved in the controversy in which such decision shall have been rendered. If either parry to this Franchise Agreement feels that elimination of the specific portion of the Franchise Agreement adjudged to be invalid results in significant adverse consequences to itself, then that party may terminate this Franchise Agreement by providing thirty (30) days written notice to the other party. IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF OKEECHOBEE FLORIDA PUBLIC UTILITIES COMPANY By: Mayor James E. Kirk ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney By: Page 13 of 13 0 * Exhibit 3 Aug 21, 2012 ORDINANCE NO. 1089 AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Muhammad Nooruddin, on behalf of the property owners, A.M.S.A. Holdings, LLC and E.A.A.A. S. Holdings, LLC, has heretofore filed Petition No. 12-001-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.642 acre(s) from Commercial Professional Office (CPO) Zoning District to Light Commercial (CLT) Zoning District, and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on July 19, 2012, and submitted by Planning Staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistentwith the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land consisting of approximately 0.642 acres, as the subject property, located in the City of Okeechobee, to -wit: LOTS 3 TO 6 OF BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Commercial Professional Office (CPO) Zoning District to Light Commercial (CLT) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1089 Page 1 of 2 SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 21st day of August, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 4tn day of September, 2012. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1089 Page 2 of 2 JULY 19, 2012 - PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS - PAGE 2 OF 6 11 AGENDA III ACTION - DISCUSSION - VOTE 11 V. CONSIDER PETITIONS AND APPLICATIONS - Chairperson. CDPetition No.12-001-R, submitted by Muhammad Nooruddin on behalf Petition No.12-001-R, was submitted by Mr. Muhammad Nooruddin on behalf of property owners A.M.S.A. Holdings, of propertyowners A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC and E.A.A.A.S. Holdings, LLC, for property located at 608 NE 2Id Avenue, to change the Zoning on Lots 3 to 6 of LLC, for property located at 608 NE 2nd Avenue, to change the Zoning Block 78, City of Okeechobee, from Commercial Professional Office (CPO) to Light Commercial (CLT). classification on Lots 3 to -6 of Block 78 City of Okeechobee, from Commercial Professional Office (CPO) to Light Commercial (CLT) (Exhibit 1). 11 Hear from Planning Staff. Planner Brisson addressed the Board to review the proposed rezoning. Code Book Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets the following conditions: The proposed use is not contrary to the Comprehensive Plan requirements since the Future Land Use classification is Commercial. The proposed use being applied for is specifically authorized under the Zoning District. The property is currently zoned CPO with a Special Exception for an Assisted Living Facility (ALF). The proposed use, a Group Home, is a Special Exception use in CLT. However, the owner has offered that they will be using the ALF on the second floor and an Alcohol and/or Drug Rehabilitation Center on the first floor. This falls under the definition of a Group Home, which should not have an adverse effect on the public interest. The proposed use is appropriate for the location, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Surrounding uses are largely commercial, however there is a residence and multi -family uses to the South. Group Homes are also a Special Exception use in Residential Multiple Family (RMF) Zoning Districts. The residence is located in the proposed Transitional Commercial Overlay area, and Planning Staff expects it will eventually be used more intensively for either multi -family or commercial uses. The site is already suitably buffered from adjacent properties to the South, and East by a concrete fence. All of the existing uses to the North, and West are separated from the facility by Northeast Ph Street and 2' Avenue. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services; nor should it create traffic congestion, flooding ordrainage problems, orotherwise affect public safety The proposed use has not been inordinately burdened by unnecessary restrictions. Planning Staff recommends approval of the petition and permitting the applicant to apply for a Special Exception use for a Group Home. However, it is suggested that during consideration of the Special Exception to allow establishment of a Alcohol and/or Drug Rehabilitation Center that special conditions be added. • 0 JULY 19, 2012 -PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS -PAGE 3 OF 6 11 AGENDA III ACTION - DISCUSSION - VOTE 11 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. ( A. 2. Hear from the property owner or designee/agent, Petition No. Chairperson Hoover yielded the floor to Mr. Nooruddin, who explained that the Alcohol and/or Drug Rehabilitation 12-001-R to rezone Lots 3 to 6 of Block 78, City of patients would be permitted on the first floor only. They would not be permitted to drive themselves to the facility and Okeechobee, from CPO to CLT continued. would be required to sign a form that would state that they would not be able to leave the facility until authorized. Several Board Members asked specific questions and raised concerns of combining these two types of facilities in one building and for surrounding families. Mr. Nooruddin offered various methods that will be put in place to keep the ALF residences separate from the rehabilitation clients, as well as the requirements of them to be in the program. 3. Open Public Hearing for comment - Chairperson. Chairperson Hoover opened the Public Hearing at 6:42 p.m. and asked whether there were any questions or comments from the public. There was none. 4. Close Public Hearing - Chairperson. Chairperson Hoover closed the Public Hearing at 6:43 p.m. 5. Board Discussion. Chairperson Hoover asked whether there was any further discussion from the Board. There was none. 6. Consider motion for recommendation to City Council and vote. Board Member Burroughs made a motion, based on Planning Staff findings to recommend approval to the City Council for Petition No.12 001 R, to rezone Lots 3 to 6 of Block 78, City of Okeechobee, from CPO to CLT; seconded by Board Member McCoy. QUASI-JUDICIAL Petition No.12-003-SE, submitted by Muhammad Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC for property located at 608 NE 2n° Avenue, Legal: Lots 3 to 6 of Block 78 City of Okeechobee, to allow a group home that would provide for a Rehabilitation Center and Assisted Living Facility within a Light Commercial (CLT) Zoning District, (Ref, Sec. 90-253(16)) (Exhibit 2). VOTE HOOVER - YEA BURROUGHS-YEA BRASS - NAY KELLER - NAY MCCOY-YEA MORGAN- ABSENT RITTER - YEA BAUGHMAN - ABSENT MCCREARY- NAY MOTION CARRIED. Petition will be forwarded in Ordinance form for a Final Public Hearing on September 4, 2012 before City Council. Petition No.12-003-SE, was submitted by Mr. Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC for property located at 608 NE 2nd Avenue, Legal: Lots 3 to 6 of Block 78 City of Okeechobee, to allow a Group Home that would provide for a Alcohol and/or Drug Rehabilitation Center and ALF within a Light Commercial (CLT) Zoning district. (Ref. Sec. 90-253(16)). 12, :r{ Staff Report Rezoning Request Prepared for. - Applicant: Petition No.: The City of Okeechobee A.M. S.A. Holdings, LLC 12-001-R iOlanning & Management Services, Inc. 1371 Jackson SC reel. Sufte 206 Fort Myer.:, Ft0rW2 239-334-3366 Servinn Florida Local Government, Since 1988 Staff Report Applicant's Name: A.M. S.A. Holdings, LLC Rezoning Request Petition No. 12-001-R 06A' N I (i f frmatiorMUM Owner/ Applicant Applicant Address: Site Address: Contact Person- Applicant/Contact Phone Number: E-mail Address A.M.S.A. Holdings LLC and EAAAS Holding, LLC A.M.S.A. Holdings, LLC P.O. Box 448 Okeechobee, FL 34973 608 NE 2"d Avenue Muhammad Nooruddin, Mgr of A.M.S.A 863-610-1404 Nooruddin64@gmail.com Future Land Use Map Classification Zoning District Use of Property Acreage Legal` Description; of'SubjectProperty Existing Commercial CPO Assisted Living Facility (ALF) 0.642 Proposed Commercial CLT Group Home & ALF Location: 608 NE 2"d Avenue, Okeechobee, FL 34986 Parcel Identification Number: 3-15-37-35-0010-00780-0050 LOTS 3, 4, 5, AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. lReguest Applicant is requesting a rezoning for the above shown property from CPO to CLT. The Applicant would like to use some or all of the facility for an alcohol and drug rehabilitation (detox) facility. The Applicant envisions initially conducting the alcohol/drug rehabilitation treatment in six to eight of the beds on the ground floor. Ultimately, he may wish to use all 32 of the beds in the facility for the alcohol/drug rehabilitation services. An alcohol/drug rehabilitation facility qualifies under the definition in the LDC for "Group Home". A Group Home is a Special Exception in the CLT District. Scrvinn F9oridn Local Go%ernmen[s Since T988 Staff Report Rezoning Request 0 • Applicant's Name: A. M. S.A. Holdings, LLC Petition No. 12-001-R AdJ0 _ ftW4iil 0_Ud. 111t��i. �CL"assif catia North: Future Land Use Map Classification Zoning District. - Existing Land Use: East: Future Land Use Map Classification Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: future Land Use Map Classification Zoning District: Existing Land Use: Analysis Industrial IND Vehicle sales, repair and open storage Commercial CPO "Big Lake Baptist Association" Commercial and Single Family CPO and RSF-1 Vacant and single-family home Commercial CHV " KST Construction" Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided comment to each of the required findings. These are repeated in this Times Roman typeface. Staff comments follow the Applicant's statements and are shown in Arial typeface. 1. The proposed use is not contrary to Comprehensive Plan requirements. "The property is located within Comprehensive Plan requirements. Future map is within Commercial." Staff Comment: The proposed zoning is not contrary to the general Comprehensive Plan requirements for properties classified as Commercial on the Future Land Use Map. Further, the subject property is located within the second block east of US 441, thereby failing within the area proposed as the Transitional Commercial Overlay Future Land Use Subcategory where CLT is generally considered a compatible zoning designation. There are also other areas similarly situated along NE 2nd Avenue that are zoned CLT. serving Floridci local Gov,!raniones Since 19$8 Staff Report Rezoning Request Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 12-001-R 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "The property is currently zoned "CPO" with Special Exception for Assisted Living Facility." Staff Comment: The proposed use, Group Home, is a Special Exception use in the CLT zoning district. The specific proposed use is an alcohol and/or drug rehabilitation center. This use qualifies under the definition of Group Home. The definition is presented below with the sections specifically applicable to the proposed use highlighted. "Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehensive transitional education programs under F.S. ch. 393; domestic violence centers under F.S. ch. 415; community residential homes in excess of six persons under F.S. ch. 419;. and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state department of children and families and/or the agency for health care administration, or other state or federal agency. 3. The proposed use will not have an adverse effect on the public interest. "We will use 6 — 8 beds initially for detox purposes, where patients drop off for detox treatment anywhere from 1 - 4 weeks as an average. It will be good for Okeechobee since there is no detox center in Okeechobee." Staff Comment: We agree there should be no adverse effect upon the public interest, particularly if patients are driven to the facility, dropped off, are unable to leave the facility until released and are picked up by friends or relatives. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "North of the building is Heavy Commercial. South: Vacant land. East of the building is Heavy Commercial or CPO. West of Building is Heavy Commercial (repair service)" Staff Comment: CLT zoning and its allowable uses are reasonably compatible with the zoning and uses on adjacent properties, which uses are largely commercial. One property is zoned RSF1 and used as a single-family residence. This property is also adjacent to RMF zoning which also allows Group Homes as a Special Exception use. Given that the 3 9 • Staff Report Applicant's Name: A.M. S.A. Holdings, LLC Rezoning Request Petition No. 12-001-R single-family home is also located in the Transitional Commercial Overlay area, we expect it will eventually be used more intensively for either a multi -family or commercial use. We do not believe the operation of an alcohol/drug rehabilitation center will be contrary or detrimental to urbanizing land use patterns within the Transitional Commercial Overlay area. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "The proposed use of the property will not affect value or living condition. 4 - 6 beds use of ground floor for detox will not adversely affect property value." [Staff Note: We believe the actual proposal is for 6 — 8 beds for detox use.] Staff Comment: For the same reasons given in our comments to number 4, above, we do not believe the proposed rezoning and use will adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood "The proposed use of CLT will [be] suitably buffered within surrounding properties. It will be no hazard to the neighborhood. It will be business within existing business. There will not be any additional parking required, as patients will be dropped off." Staff Comment: The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, northwest and west are separated from the facility by public roads. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The proposed use of the existing business has/will not affect the facility's utilities usage more than the current usage. 4 — 6 beds of detox (or in future may convert total facility to patients with detox) will keep the same usage of utilities as currently." [Staff Note: We believe the actual proposal is for 6 — 8 beds for detox use.] Staff Comment:. There will be no increase in the number of beds in the facility, therefore there will be no change in the density or any other factor that would. overburden any public facilities. IT, .._. Serving Florida Local Governments Since 1938 Staff Report Rezoning Request Applicant's Name: A.M. S.A. Holdings, LLC Petition No. 12-001-R The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Patients with Detox Rehabilitation most likely [will be] dropped off to the facility. They will be living in facility as the current residents are living. Maximum number will not exceed the 32. (If we decided to go that route in the future.)" Staff Comment: There will be no increase in the number of beds in the facility, therefore one would not expect any increase in traffic. Similarly, the physical facility will be unchanged and no effect upon flooding, drainage patterns or any aspect of public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "We have to get/apply for State license prior to admitting any detox drug and/or alcohol rehabilitation patients. Otherwise, there are no restrictions." Staff Comment: The proposed use has not been inordinately burdened by unnecessary restrictions. ,Recommendation Staff recommends approval of the request to rezone the property from CPO to CLT thereby permitting the Applicant to apply for a Special Exception for a Group Home. We do, however, suggest that during consideration of the Special Exception to allow establishment of a alcohol/drug rehabilitation (detox) center the following be considered as conditions of any approval: 1. No patient shall be admitted to the rehabilitation facility unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight. 2. No patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his/her home. Submitted by: Wm. F. Brisson, AICP June 27, 2012 Planning Board Hearing: July 19, 2012 Council Hearing: August 12, 2012 and September 4, 2012 Attachments: Future Land Use Map Zoning Map Aerial photograph Sertin., Florida Local Goy err m ms Since 1958 General Services DepartmedwFee Paid: tie, Room 101 orida 34974-2903 1 t- Hearing: 7 ear Jq-I_ 2" Hin a , g' i3-3372, ext. 218 Publication Dates: :, s�• 1686 Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): �� ry�:7 ; ti� J �•�� L`rC�. t. ,..V t t `I 2 Owner mailing address Aw .. 3 Name of applicant(s) if other than owner , f . ;' . , 7 e r)lO-Alf-wrYrlro) v i r�ecrf>, ,I 4 Applicant mailing address: r t, • 4y'G. - a� . Z i t t C> G� i ��` l � � d � �-N°-�. � 4-• ( ... 5 �.! �' %3 4a e-mail address.- 5 Name of contact person state relationship).- , ( P) � 6 Contact person daytime phone(s): PROPERTY INFORMATION Property address/directions to property: n C,b a GvJ P 7 OIL Describe currentuseof property: L r (f nw,- ✓ J IX =(i �\ r G Q vi S P LI L (�' �-G Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. 9 {Q / V , 5" G .� QLCG�p, y I S_ I�.GL� ( V 0 L( /� Source of potable water: w, Method of sewage disposal: 10 Approx. acreage: /11 y Is property in a platted subdivision? �f g Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe. �0IV 11 12 Is a pending sale of the property subject to this application being granted? �,J 11 Describe uses on adjoining property to the North: offta -cv ;q La-u k,_h5 j_ 13 North: qut, 2q,4s2 ,r. e •imp rneftt+St-,? -' East: 6tt ., t South: v cc.,r,� r i Lc i�(�') t ter t s;,1 inn l., West: c? +1 U S� Existing zoning: L£r1 'Future Land Use classification . Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (_) No (Yes. If L16 yes provide date petition number and nature of approval. Requestisfor: (,/ Rezone (j •Special Exception () Variance Parcel Identification Number: _ 1 S (Rev 01/] 2) Staff Report Applicant's Name: A.M. S.A. Holdings, LLC Rezoning Request Petition No. 12-001-R SUBJECT SITE AND ENVIRONS 8 Scrcin}; I9nriQs l.uc:�l t;ncrnurr[us Sines l�>rti • • Staff Report Applicant's Name: A.M. S.A. Holdings, LLC Rezoning Request Petition No. 92-001-R ZONING UNINCORPORATED CBD - COMKI BUSINESS DISTRICT CHY - HEA dY COMMERCIAL ..._- CLT- LIGHT COMMERCIAL CPO - COMM FROFESSIONALOFFICE H- HOLDING IND - INDL:5 rR1AL PUB- PUBLIC FACILITIES PUD-MIXED PUD-R R.MF - RESIDENTIAL MULTIPLE FAR',ILY RMH- RESIDENTIAL MOBILE HOXIE RS 1, - RESME-IMAL SINGLE FAMILY RSF2 - RESMENTtAL SINGLE FALULY (2 ZONING SUBJECT SITE AND ENVIRONS 56 55 54 '- --- Subject Property 80 I E- 0 TH STIREET 7 ., !a-E. 5TH $MET 111 T ! 6 A T4 CTRFF.T i w 7 Serving Piodda Local Aureramems Siocv 198h Staff Report Rezoning Request Applicant's Name: A.M. S.A. Holdings, LLC Petition No. 12-001-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS - .nD _ _. - _.t._ -.- - -- ti.E_ 3—n STREE #.E. 5 TH STREET ':.E. 4 TH STREET COMPREHENSIVE PLANT LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Scrainy; Florida Local Governmrnt, Shwe 19N, object Property u i C' V REQUIRED ATT 44 :LAMENTS Applicant's statement o interest in property �s �f s'z �a � �; :'Ye -kF :: c: �� 18 �� C C `� �(� Lry /�i-J.i J'��:�� l+-f.� f>>� `r '� - 1.'�? i �:. � i..�L.`✓'� L ,r �c: ' �Utj''.�' f"�' E t <-4C ;Jy ,1 ..3 s%Yv <- Lr , -),- Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exce tion: $500 plus $30/acre; Variance: $500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B 19 When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warrant deed 21 Notarized letter of consent from property owner (if applicant is different from property owner) =Three property surveys (one no larger than 11@ x 17@) containing: a. certified boundary survey, date of survey, surveyors name, address and phone number)'- 22 ,r'b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject property. See 23 the Information Request Form from the Okeechobee Property Appraisers Office (attached) Affidavit attesting to completeness and correctness of the list (attached) r25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request, False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature ^ Printed Name Date 46// For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 (Rev 01/12) W ppa AT I}I� ZONAL IN, ,0,*2Y1VT.: M: RLQIII `:RED FOK A 12EZ0INI G A Current zoning classification: +! Requested zoning classification TY) eV B Describe the desired permitted use and intended nature of activities and development of the property? ...�..�'\.v V�Jz''Y J ii ?'1'i /� f`.11 ��'� i`f J M - rid /7 } ��lvp cg4C, 4-V - / •fl t o'�% / a'K ex I's 1 jx Z�v` L 'i .' Is a Special Exception necessary for your intended use? () No (_) Yes If yes, briefly describe: p 11 f+ �i;, i,��L 11'fgY'1a (,'�- y av�3 i a i° / Z_ /to Is a Variance necessary for your intended use? ( No (_) Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. Pt fifes 1�Yvp��7 I";tLlle� �� Leigh%� 'tr�n�1.1 P,titS,ltr l.nn! r—t. ;t- v Y e Gv ; l`17 i V 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. `rDW j�-v6 , P_ . i.s e."Z-:v f kj 37 v-Vr�( `CP 01 J W ' -Ht -y j;, dl, -c 3. The proposed use will not have an adv rse effect on the public �`4" 9h l'i8nn/i /},vyWlteYn l--.v✓br� publ.ifcdivnte. ar�srat. fl//� � �z�� 7�,L . J�asy�-�i 2) iV-G- tr/iff US e & - 14i17fv -e1c✓twI4 Y Lm' 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contra or atterns detrimental to urbanizing I nd use p. 5 µilk �Pc• ;j` J tf� y Lt3m r�7eyG �Ga� Dui+ l'h . V#Il owt C 1rr>/4 Ail ltJeS/� rVJr4i3clla t� ` llcvvirm�lG;i�nt�%��t'�iY 5�4✓:C�� 5. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. (Rev. 04/ 11) P� 3 I' 0 • a132':.��: �d4. o, .�S Me. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrarydetrimental to urbanizing land use patterns. G fi or t•'b Gv (,(i t ::,.a> )" p I A i llti . 7. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement t,:";.*'i �r f or development of adjacent property. ��yL 1 Ls = i, t k�_� '7a �/ •. .f'1��+.;F2."-i�• /;f- ✓;in'i_ '��,tJ S r-�' L t tr;l iP�� / �-:C � Gp t x i,<E`i' d• YJ qL7 (. v l! 6'' �.:..(,. E,[.�7itr.'t-rJ-f.E%y/,f-i .fit (7.(.,%�lilr'Jv'1 YGF tf��:%�i'f'✓'f-�-. f It' 3 /'/ t S. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or r hazard to the neighborhoodu �r .z( �.� e�f(�,'`f vv`,`` �lydi �'�i'3 �1it �1J� Z` j -i L.is t /I of f po Vv0 &e /WV At��czza�-� 9. The pr 'osed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services Tivz. t i 3 � 6d Ste- i fie..lt�«s 1�,�e�l ;2��— U C �. r s�" f i !%�7fi/ R ,V a ?yl Dried �. Al '� GLt1i"� 4e yr"Gt €r am C. ' — tN t=r-t 'f kirr� IYNA.) of — F S iiOy /i 1�7' J cVJ G ev�YtGM- � avE Wax I POP 1��' yip �� 10. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safe 11. The proposed usetas not ben inordinately burdened by unnecessary restrictions. X 'Orr" eY j�tv�/6� %} { � .��i,�y` } t�i'Y► �� L �. z ivrl cy The City staff will, inthe Staff Report, address the request and evaluate it and the Applicant's su"bmis i�on�in light of the above criteria and offer a recommendation for approval or denial. (Rev. 04/ t 1) P� 4 Petition Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon _anniinspection of the tax rolls of the Property Appraiser of Okeechobee County as of and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this ) '-f day of /V e-- , a d i 2--.- Signature or Hppncani nou tt ftn mot It V O ia,J Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this Iq day of to me ✓ or produced T" M, 6LCAAoil- Notary Public, State of Florida (Rev. 04/ 11) b dL, Date Personally known is identification and did not take an oath. Seal: Notary PublicStatg'ofFlorida • Patty M 6umetta I My commission D0827982 oFe.° Expireslo/02/2012 WITHIN 300' 3-15-37-35-0010-00780-0050 PIN OWNER NAME ADDRESS 1 CITY NAME � ST ZIPCODE 3-15-37-35-0010-00550-0010 -- 3-15-37-35-0010-00560-0010 TARMAC FLORIDA INC -- TUTEN TROY T & MARY_ANN 1151 AZALEA GARDEN ROAD 2457 SW 18TH COURT H CO !NORFOLK _ ;VA 235020000 E FL. 34974 OKEECHOBEE FL 3-15-37-35-0010-00560-0160 - _ __ - LOWE JOHN MARCUS & CONSTANCE W - ----.��. ----- _ - PO BOX 296 OKEE_ CHOBEE � FL 349730000 - 5-37-35-0010-00570-0050 3 -- - --- - _..-. _.._ TRENT RONALD L -- ---- -- -.... _-------------- K -- _ O B _i _ --- 2322 SE 33RD ST OKEECHOBEE 'FL . 34974 3-15-37-35-0010-00570-0080 LOWE JOHN MARCUS & CONSTANCE_W PO BOX 29_6 OKEECHOBEE !;FL 1349730000 3-15-37-35-0010-00570-0180 HAYDON ELLIS R & RITA 2448 NE 80TH AVENUE OKEECHOBE_E-3FL 349728100 3-15-37-35-0010-00770-0010 3-15-37-35-0010-00770-0030 KST CONSTRUCTION INC 4 GIRLS ENTERPRISES INC 3283 NW 32ND AVENUE 701 NE 3RD ST--�OKEECBEE�FL !OKE_HOECHOB_E F 34972 ! 34972 3-15-37-35-0010-00770-0060 BIG LAKE EYE CARE LLC 1540 SE 40TH AVENUE OKEECHOBEE iFL ': 349740000 3-15-37-35-0010-00770-0100 BIG LAKE EYE CARE LLC 606 NORTH PARROTT AVENUE OKEECHOBEE "FL 34972 3-15-37-35-0010-00780-0010 BIG LAKE BAPTIST ASSOCIATION 1 PO BOX 1203 1OKEECHOBEE FL 349731203 3-15-37-35-0010-00780-0070 NUNEZ DAVID JR & ANITA 701 NE 3RD ST jOKEECHOBEE !FL ! 34972 - 3-15-37-35-0010-00780-0090 MEDINA J REYES GARCIA 5615 NE 3RD LANE �KEECHOBEE TO FL 34974 3-15-37-35-0010-00780-0110 PARKER ROBERT C SR JOANNA 209 NE 6TH ST OKEECHOBEE !FL 349720000 3-15-37-35-0010-00790-0030 _& COYLE WILLIAM D 306 NE 7TH ST OKEECHOBEE ';FL 349740000 3-15-37-35-0010-00790-0050 ROWLETT JOSEPH PO BOX 1903 OKE_ECHO_B_EE_ ! FL 1349731903 3-15-37-35-0010-00790-0070 _ ROWLETT JOSEPH PO BOX 1903 OKEECH_OBEE__ f FL � 349731903 3-15-37-35-0010-00790-0090 _ _ QUARLES NANCY GAIL ^ 311 NE 6TH ST OKEECHOBEE �FL 1349720000 3-15-37-35-0010-00880-0060 MITCHELL RONALD & GIANINNA 8800 NW 160TH STREET OKEECHOBEE ;FL j 34972 3-15-37-35-0010-00890-0010 NIX CATHERINE S TRUSTEE 201 NE 5TH STREET OKEECHOBEE ! FL 9722605 3-15-37-35-0010-00890-0040 NIX CATHERINE S TRUSTEE - 201 NE 5TH STREET - OKEE_CHOBEE FL 349722605 ~ L - 3-15-37-35-0010-00890-0060 -... J MADRIGAL ANSELMO & MARYANN -. 1788 SW 8TH STREET --J-_---- OKEECHOBEE FL, 34974 --..BEE 3-15-37-35-0010-00900-0010 SEACOAST NATIONAL BANK 815 COLORADO AVE ISTUART IFL 34994 a • 0 , 0 W 1 , o�� I ' O�D� m=mw �mTm� 4, 3-15-37-35-0010-00770-0010 m = ;o m o KST CONSTRUCTION INC N m � y o ( 3283 NW 32NDAVENUE M m OKEECHOBEE <mo 0 FL34972 Cn0 1 3-15-37-35-0010-00780-0070 NUNEZ DAVID JR &ANITA 701 NE 3RD ST OKEECHOBEE FL34972 3-15-37-35-0010-00780-0090 MEDINAJ REYESGARCIA 5615 NE 3RD LANE OKEECHOBEE FL34974 3-15-37-35-0010-00780-0110 P�,RKER ROBERT C SR & JOAP 209 NE 6TH ST OKEECHOBEE FL349720000 i` NE o � rn D N ' = p V To��S" PCOZ0 in Z 'omG)(1)o o0��a i z�no m n w o D Do T. D0 n 3-15-37-35-0010-00780-0010`�I LAKE BAPTIST ASSOCIATION I PO BOX 1203 OKEECHOBEE ! FL349731203 i 3RD AVE NE 2ND AVE J 3-15-37-35-0010-00560-0160 LOWE JOHN MARCUS & CONSTANCE W PO BOX 296 OKEECHOBEE LA FL349730000 C ? m " Z 0 1 v v Wm -Oo Ago O=o A W n K 0 mpD� me;o ADo Z o Z W CD Vl (Q w A D cn O CL o p Z rn G� r o CO _ O W 0 CDr q co C z 690 m D C) D Z Cn r 11 • Time Line of Petitions for Lots 3 to 6 of Block 78 City of Okeechobee Subdivision April 19, 2007 - Planning Board postpones offering a recommendation on Petition No. 07-006-SSA, amending the Future Land Use classification from Single Family to Commercial and No. 07-004-R rezoning from RSF-1 to CPO. The applicant, Mr. Nooruddin requested the postponement to decide whether he wanted to amend his petition from building a medical office to an assisted living facility. May 17, 2007 - Planning Board recommends approval of both petitions. Applicant did not make any changes to the petition & application, leaves as submitted. June 5, 2007 - City Council adopts Ordinance No. 982, amending the FLU map from SF to C and approved the first reading of Ordinance No. 986107-00-R for the rezoning application. July 3, 2007 - City Council adopt Ordinance No. 986/07-00-R rezoning the property from RSF-1 to CPO. October 23, 2008 - Board of Adjustment approves Special Exception Petition No. 08- 011-SE, to allow an Assisted Living Facility within a CPO zoning district. There were no conditions placed on the Special Exception. s -Ob- JULY 19, 2012 - PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 6 • QUASI-JUDICIAL B. Petition No.12-003-SE, submitted by Muhammad Nooruddinon behalf Petition No.12-003-SE, was submitted by Mr. Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and of property owners; A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, E.A.A.A.S. Holdings, LLC for property located at 608 NE 2nd Avenue, Legal: Lots 3 to 6 of Block 78 City of Okeechobee, LLC for property located at 608 NE 2' Avenue, Legal: Lots 3 to 6 of to allow a Group Home that would provide for a Alcohol and/or DnUg Rehabilitation Center and ALF within a Light Block 78 City of Okeechobee, to allow a group home that would Commercial (CLT) Zoning district. (Ref. Sec. 90-253(16)). provide for a Rehabilitation Center and Assisted Living Facility within a Light Commercial (CLT) Zoning District, (Ref. Sec. 90-253(16)) (Exhibit 2). (.z JULY 19, 2012 - PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 4 OF 6 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. 1. Hear from Planning Staff, Petition No.12-003-SE requesting a Special Exception to allow for a Group Home in a CLT Zoning District continued. Planner Brisson reviewed the Planning Staff report. Code Book Section 70-373 (b) requires that an applicant address, during the presentation to the Board of Adjustment, the following standards for granting a Special Exception: Demonstrate that the proposed location and site are appropriate for the use. The specific proposed use is a Alcohol and/or Drug Rehabilitation Center with an ALF. This use qualifies under the definition of a Group Home, which Mr. Brisson read in its' entirety, stating further that a rehabilitation center is reasonably compatible with the zoning and existing commercial uses on adjacent properties. The subject property is located one block East of North Parrott Avenue and within the proposed Transitional Commercial Overlay area, where properties are expected to be zoned primarily CLT, CPO, or RMF. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. The existing building and site have been developed to provide for temporary or permanent living quarters for individuals needing assistance. Just as the current ALF has little or no effect upon the surrounding neighborhood, the treatment center will occur entirely within the property and have no significant effects upon the surrounding properties. Since the residents will not be leaving the building unattended, no specific design efforts are needed. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. The building and grounds are already suitably buffered from adjacent properties to the South and East by a concrete fence. Uses to the North and West are separated from the facility by Northeast 7t' Street and 2n0 Avenue and need no special screening treatments. Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. There will be no increase in the number of beds in the facility. Since the drug and/or alcohol rehabilitation patients are driven to the facility, dropped off, and are unable to leave the facility until released and picked up by friends or relatives, the impacts of the operation will be no different from those of the previously approved ALF. Presumably, the only difference in the operation will be the use of drug and/or alcohol rehabilitation counselors replacing some of the•ALF Staff. The existing building and site have been developed to provide for temporary or permanent living. Demonstrate how the impact of traffic generation will be handled off -site and on -site. The applicant has not provided specific information regarding how traffic may or may not differ from the existing use. Planning Staff would not expect traffic associated with those servicing the facility would differ between the rehabilitation operation and the ALF. Therefore, we would expect only a minimal potential increase in traffic. JULY 19, 2012 • PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS • PAGE 5 OF 6 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. 1. 2. Hear from Planning Staff, Petition No.12-003-SE requesting a Special Exception to allow for a Group Home in a CLT Zoning District continued. Hear from the property owner or designee/agent. 3. Open Public Hearing for comment - Chairperson. 4. Close Public Hearing - Chairperson. 5. Board Discussion. Planning Staff recommends approval of the Special Exception request to allow a Group Home involved in the operation of a drug and/or alcohol rehabilitation program on the property, with the following conditions: 1. No patient shall be admitted to the rehabilitation facility unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight. 2. No patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his/her home. Mr. Nooruddin stated that the safety concerns of the Board would be addressed and that existing residences at the ALF were very important to him. The Board noted their concern for surrounding residences as well. Planner Brisson suggested that the Board add another condition that there would need to be some sort of electronic or manual blocking mechanism on entrance and exit doors of the Alcohol and/or Drug Rehabilitation Center. Chairperson Hoover opened the Public Hearing at 7:00 p.m. and asked whether there were any questions or comments from the public. There was none. Chairperson Hoover closed the Public Hearing at 7:01 p.m. Chairperson Hoover asked whether there was any further discussion from the Board. Member Burroughs asked how the surrounding property owners were notified and the verbiage that was used. The notices mailed referenced a Group Home and the advertisement in the newspaper referenced a Group Home with a rehabilitation center and ALF. The Board discussed the language of the notices to surrounding property owners and suggested that "drug/alcohol rehabilitation' specially be used in the notice for the final Public Hearing. When reaching a conclusion on a Special Exception request, the Board of Adjustment must consider and show in its record the following findings as set forth in Code Book Section 70-373(c). The proposed use is found: Not to be contrary to the Comprehensive Plan. Specifically authorized as a special exception use in the zoning district. Will not have an adverse effect on the public interest. Is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. JULY 19, 2012 - PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 6 OF 6 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. 6. Consider motion for recommendation to City Council and vote. Board Member Burroughs made a motion, based on Planning Staff findings to approve Petition No.12-003-SE, to allow a Group Home that would provide for a Alcohol and/or Drug Rehabilitation Center and ALF within a CLT Zoning District with the following stipulations:1. No patient shall be admitted to the rehabilitation facility unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight. 2. No patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his/her home. 3. Some type of electronic or manual blocking mechanism on entrance/exit of the facility as well as on the entrance/exit doors to the detox center; seconded by Board Member Ritter. HOOVER -YEA BURROUGHS-YEA BRASS -NAY KELLER - NAY MCCOY-YEA MORGAN - ABSENT RITTER -YEA BAUGHMAN - ABSENT MCCREARY - NAY MOTION CARRIED. 0 IYl ['00's f1hibit 4 RESOLUTION NO.12-07 21, 2012 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FY 2012/2013, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee has determined that for the health and welfare of the community, each and every place of business, or other type of structure or abode shall be required to place their garbage and trash for pick up and disposal in a safe and sanitary manner prescribed by the City Council; and WHEREAS, the City Council of the City of Okeechobee entered into a Solid Waste Collection and Disposal Services Agreement with Waste Management, Inc., of Florida on July 7, 1987, as amended, to provide such collection and disposal services to the community; and WHEREAS, as provided in Code Book Section 42-52, the City Council shall establish the charges and rates for the collection and disposal services required. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed. by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that: SECTION 1. COMMERCIAL RATES. 1. Commercial Rates Per month for business solid waste collection and disposal services shall be as follows. from October 1. 2012 to September 30, 2013: Pick-upsNVeek 1x/wk 2x/wk 3x/wk 4x/wk 5x/wk 6x/wk k XPU Container Size 2 CUBIC YD F$323.96 Collection $60.66 $110.57 $153.25 $195.91 $238.60 $281.28 Disposal (1) F, [PI $21.22 $19 87 $42.44 $ 23 09 $176.10 $ 63.66 $ 19 ni $248.92 $ 84.88 $ 4n Al $321.70 $106.10 $ del 97 $394.52 $127.32 $ AR 71 $467.33 8.54 $ R7 Mr, $540.15 Total $94.55 $41.22 3 CUBIC YD Collection $83.93 $146.16 $186.94 $217.55 $262.30 $307,06 $351.81 Disposal (1) Filar $31.83 $17 F7 $ 66.70 $_30.52 $243.38 $100.013 . AA na $326.03 133.41 AR 42 $166.76 $� 4 77 $483.83 $200.11 $ A4 12 $233.47 $ 7147 Total $133.28 395.38 $571.29 $658.75 $52.88 4 CUBIC YD Collection $99.50 $166.19 $196.97 $245.80 $286.11 $328.68 $371.24 Disposal (1) Euel $42.44 $9n 77 $162.71 $ 84.88 R Ad dQ $284.56 $127.32 $ 41 19 $169.76 $rsjI3_ $466.69 $212.20 $_1A7�r $254.64 $ RR 64 $651.96 $297.08 $ 77-,3 $745.85 Total $366.41 $558.06 $57.46 6 CUBIC YD Collection $131.21 $194.74 $258.48 $318.25 $373.24 $428.24 $ 483.24 Disposal (1) PIA $ 63.66 $ 27 4n $127.32 $ 4n 87 $362.73 $190.98 $ 5,3 W $503.43 $254.64 $ RR AR $639.34 $318.30 77 Q4 $381.96 $ RQ 47 $899.62 $445.62 $ inn Qi $1029.77 Total $222.27 $769.48 $71.56 8 CUBIC YD Collection $148.32 $215.26 $272.43 $329.62 $384.61 $ 440.69 $496.78 Disposal (1) F„a1 $ 84.88 $ 3n Q7 $264.17 $169.76 $. 44A.5 $429.97 $254.64 FR RA $583.96 $339.52 $ RA R3 $737.97 $424.40 $ Rn 37 $889.33 $ 509.28 $ a9 n7 $594.16 $in3 73 $1194.67 Total $1041.99 1 $81.24 Commercial Cans # of Cans 1 2 3 4 5 6 ix/wk $ 8.58 $11.36 $13.97 $16.83 $25.08 $46.74 Disposal $ 3.86 $ 7.72 $11.58 $15.44 $19.30 $23.16 Fuel $ 1.79 $ 2.37 $ 2.92 $ 3.51 $ 5.24 $ 9.76 Total $14.23 $21.45 $28.47 $35.78 $49.62 $79.G6 Resolution No. 12-07 Page 1 of 2 Optional services: Casters: $ 8.58 per month maintenance Roll -out: $ 8.58 per month per number of service days/week Lockbar $92.02 installation Lock/Unlock $12.27 monthly fee times the number of pickups/week Rolloff Collection Rates - Collection and Disposal 20 yd 30 yd 40 yd Compactor Rate per pull plus $179.52 $189.38 $199.24 $199.24 disposal Fuel per pull $ 37.49 $ 39.54 $ 41.61 $ 41.61 Total $217.011 $228.92 $240.65 $240.85 Wasted Trip Charges $70.98 Monthly Charges/Two Haul Min: $70.99 Disposal: C & D $19.07 per ton Garbage $35.18 per ton Vegetation $15.49 per ton Any additional or special waste collection request over and above contracted service rate can be negotiated between the customer and contractor. (1) The Disposal portion of the above rates is to be calculated as the product or the current per -ton Disposal Charge at the Chambers Berman Road Landfill (27.76) and the Weight Per Cubic Yard Factor as set forth below: PROPOSER'S proposed Weight Per Cubic Yard Factor is: 139.3 pounds per cubic yard. SECTION 2. RATE ADJUSTMENTS. The present Franchise, as amended, for Solid Waste Collection and Disposal Services within the City of Okeechobee, effective October 1, 2012 to September 9, 2013is subject to periodic rate adjustments for consumer price index (CPI) cost of living, diesel fuel surcharge, and adjustments necessary due to changes in law or regulatory action. Such rate adjustments may affect Commercial Rates over those set out in Section One, which will not occur without public notice and hearing. SECTION 3. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 4. EFFECTIVE DATE. The charges and rate established by this Resolution shall take effect on the 15' day of October. 2012. INTRODUCED AND ADOPTED in regular session this 17 th day of July. 2012. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 12-07 Page 2 of 2 0 0 08/08/2012 09:12 8634671674 DIRECT HIT MAWEI PAGE 01 Exhimt 5 -7—J p, ojoS (j �4�dfuvJy1 Aug 21, 2012 CITY OF OKEIECHO.BE i (863) 763-3372 FAX (863) 763- AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: CITY .A,DMINISTRATOWS OFFICE 55 SE 3P° AVENUE OKEECH01iEEJ FLORIDA 34974 NAME ADDRESS: ! I t 91=� iI TELEPHONE: 863- S'7-6 FAX:. &&--3- t MEETING: REGULAR SPECIAL O WORKSHOP O DATE PLEAS[CE STAT.E&g ITE7 YOU WISH i0 HAV�PLACEA ON THE CITY COUNCIL AGENDA; -s - 7 r! MP2o�vc7)- snr+' %�47`62TS PLEASE STATE W HAT DI PAATMFNT(S) YOU HAVE WORKED WrM.' PL SE STATE DESIRED ACTIONBY THE CITY CQUNCIL- FPno,,sir, rt. mocl� �2:.i920 wd7w �o.�! PA,—T4t-rs. _ PLEASE SUMMARIZE PERTINbNT INFORMATION CONCERNING. YOUR RP -QUEST AND ATTACK APPLICABLE DOCUMENTS: IF A PRESBNTA TION IS TO BE MADE/ PLEASE LIMIT THE TIMI: TO TEN MINUTES UNLESS OTHBRWISB J APPROVED BY THE MAYOR. i i SIGNED BY DATE: - 6 • Jaa C� Exhibit 6 TECHNICAL ASSISTANCE CONTRACT Aug 21, 2012 FOR CDBG GRANT ADMINISTRATION SERVICES FOR FY 2011 CDBG ECONOMIC DEVELOPMENT PROGRAM This is a Technical Assistance Contract for FY 2011 Community Development Block Grant (CDBG) Economic Development 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 August, 2012. WITNESSETH: WHEREAS, the City has procured the services of the Consultant for the Grant Administration functions required for the FY 2011 CDBG Economic Development Program grant number 12DB-OH-07-57-02-E08, hereinafter referred to as the "Project", for its community. The Project also incorporates RFP #ADM 03-00-06-12 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: Preparation of Environmental Assessment for submission to DHCD, DEO 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 Economic Development activities outlined in the contract with the City, DEO and all leverage funds (if applicable) 4. Preparation of Financial Projections for Project 5. Preparation of Request for Funds (RFF) report for submission to DEO Page 1 of 10 Consultant (_ ) 6. Preparation of Minority Business Enterprise (MBE) report for submission to DEO 7. Preparation of HUD 2880 report for submission to DEO 3. 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 CDBG Record keeping requirements 10. Fair Economic Development Compliance Ensure compliance with quarterly Fair Economic Development Activity 11. Construction Bid Evaluation Review and Approval Attend Bid Opening Review Bids received with Staff and evaluate with Staff to make recommendation to County Assist with the Contractor Eligibility Verification process Notify DEO of Amount of Bid and Receive Approval from DEO prior to award 12. Construction Activities Work with Project Engineer and/or City on projects Attendance at Pre -Construction Meeting Davis -Bacon Compliance including conducting employee interviews, review of certified payrolls, and wage restitution (if required) Approval of Contractor's Pay Requests Section 3 Compliance 13. Citizens Complaints (if necessary) Respond to any written Citizens Complaints (if necessary) according to City's CDBG Complaint Procedure 14. Program Reports Responsible for any written reports that may be required for submission to DEO (i.e., Civil Rights Profile, Monitoring report response, financial reports, etc.). 15. Procurement of Services Establish and follow procedures relating to the procurement and implementation of contractual services pursuant to DEO requirements and regulations 16. 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 Consultant (_� • 0 information and technical assistance to those who request such information to ensure compliance with active citizen participation 17. Monitoring of PROJECT Assist in the monitoring of the PROJECT regarding DEO regulations, and in preparing the necessary requested responses to inquiries from Local, State and Federal governmental units. Attend all DEO Monitoring Visits 18. Any other tasks as required to successfully complete and close out the PROJECT 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 DEO 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 DEO requirements. 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 Consultant (__} facilitate transmittal of instructions, receive information and generally assist as may be necessary. 9. Give prompt notice to Consultant wheneverthe 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. 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 2011 CDBG Economic Development Grant #12DB-OH-07-57-02-E08 and shall be concluded upon the receipt of final Project approval from DEO or the termination of the funding pursuant to the Project. ARTICLE 4 COMPENSATION The City agrees to pay the Consultant a total of $ 18,098.00 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 DEO. 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 (2011). 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. 4 Consultant (_} 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 (363) 763-3372 orbwhitehallncityofokeechobee.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 DEO. It shall be the responsibility of the City to furnish a location for such meetings. All meetings 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. ARTICLE 7 CONTRACT AMENDMENT 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 112.311, Florida Statutes (2011). The Consultant further represents that Consultant ( 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. 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 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 party 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, 0 Consultant (_ ) • • 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 Citymay take over the work and may award anotherparty 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 ofbirth, ancestry or handicap. ARTICLE 13 SOURCE OF FUNDING The source of payments for this Contract is the funding received through the FY 2011 CDBG Economic Development Grant 12DB-OH-07-57-02-E08 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 (2011), 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. 7 Consultant ( } 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. 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, DEO, the Comptroller General of the United States, and any oftheir duly authorized representatives, shall have access to any books, documents, papers and records of the Consultant and Consultant ( 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. 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 CRIME The Consultant is in compliance with Section 287.133, Florida Statutes, (2011), 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. ARTICLE 24 INSURANCE 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 $I,000,000.00 for each occurrence and $2,000,000.00 annual aggregate for BodilyInjury 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 Li abilitypolicy certificate of insurance required pursuant to the provisions of 9 Consultant L_) 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, (2011). 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 coverall employees and include Employers Liability coverage with limits of not less than $1,000,000 for accidents or disease. 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 WHEREOF, the parties have hereunto set their hands and seals: ATTEST: Lane Gamiotea, CMC, City Clerk Witness CITY OF OKEECHOBEE James E. Kirk, Mayor City Manager Date: NANCY PHILLIPS & ASSOCIATES, L.C. By: Nancy S. Phillips, Managing Member Date: Witness 11 COST SUMMARY FOR NEGOTIATED CONTRACTS CDBG PROGRAM PART 1 —GENERAL 1. GRANTEE City of Okeechobee 2. GRANT NUMBER 12DB-OH-07-57-02-E08 3. NAME OF CONTRACTOR OR SUBCONTRACTOR NANCY PHILLIPS & ASSOCIATES L.C. 4. DATF, 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 2011 Economic Development — Grant Administration PART II -- COST SUMMARY IRECT LABOR (Specify Labor Categories) ESTIMATED HOURS HOURLY RATE ESTIMATED COST TOTALS Project Manager 100 $75.00 $7,500 Administrative Staff 50 $20.00 $1,000 DIRECT LABOR TOTAL: ESTIMATED COST S 8.500.00 8. INDIRECT COSTS (Speclfv Indirect Cost Pools RATE BASE Fringe 35% $8,500 $2,975.00 G & A 135% $8,500 S11,475.00 INDIRECT COSTS TOTPL: S14,450.00 9. OTHER DIRECT COSTS A. TRAVEL 152 miles round trip X S.50 = S75.00 X 20 Trips $1.520 (1) TRANSPORTATION Tolls S (2) PER DIEM $10 lunch X 20 trips = 200 0 dinner X 9 trips = $180• hotel - S140 x 9 nights = S1 26 $1 640 TRAVEL SUBTOTAL: $3.160 B. E UIPMENT MATERIALS SUPPLIES (Specify cat des TY COST ESTIMATED COST Miscellaneous office supplies various various S655 EQUIPMENTSUBTOTAL: S655 C.SUBCONTRACTS ESTIMATED COST SUBCONTRACTS SUBTOTAL: D. OTHER (Speclfy Categories) ESTIMATED COST OTHER SUBTOTAL: E. OTHER DIRECT COSTS TOTAL: $ 8.500.00 10. TOTAL ESTIMATED COST S18.2a5.00 11. PROFIT S 000.00 12. TOTAL PRICE S18,098.00 12 C� 9- Exhibit 7 CULPEPPER & TERPENING, INC. Aug 21, 2012 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES SR 70 --• APPLEBEE's TURN LANES CITY of OKEECHOBEE C&T PROJECT NO. 12-203 August 9, 2012 THIS AGREEMENT for Enginering Services ("Agreement") is made and entered into between the CITY of OKEECHOBEE hereinafter designated as the "CLIENT" and CULPEPPER & TERPENING, INC. as the "ENGINEER", the parties agree to services and conditions hereinafter stated. I. DESCRIPTION OF THE PROJECT The PROJECT shall generally be defined and described as the development of site access from State Road 70 to the proposed Applebee's Neighborhood Grill & Bar located on the south side of State Road 70 between SE 1011, Avenue and SE 13t, Avenue in the City of Okeechobee, Florida. II. SERVICES BY THE ENGINEER The services provided by the ENGINEER under this Agreement shall be generally described as providing the Engineering, Perrnitting, and Construction Engineering & Observation for the site access project. Specific wort: tasks are set fords in Exhibit A attached hereto and hereby made part of this Agreement by reference. III. ADDITIONAL SERVICES At the written request of the CLIENT, and upon consent of the ENGINEER, the ENGINEER shall perform such additional services, as the CLIENT may desire, which services are not included within the scope of Section II of this Agreement. Such additional services may include: a. Serve as an expert witness in litigation arising from the development or construction of the PROJECT. b. Prepatqtian t statements of ett—,�attinental or- er: I _' oft the PROJECT. �. T-17-1 .._--1_..._.-._.--1-.__ -- .-'.-------- --'-t---�---:mot--t------- ----- ---� t--A-- d. Any other services not expressly stated in Exhibit A. IV. DIRECT AND REIMBURSABLE EXPENSES As used hereinafter the ENGINEER'S direct and reimbursable expenses shall mean: a. The eest t emplayingpei!sans[' . as eiatside eansultants that shall tessifinnd c requieed t . desigft of the werk in b. intemal - - ineaffed in maldngpdnlr5 Fbr ethe25 deiing - ` uEtiOn phases =G„—:...h by ER-i8 cpe--maffee aff Itis reap- -. •- rest _itsil igdes. V. COMPENSATION TO THE ENGINEER Invoices for services shall be prepared on a monthly basis. For services under Exhibit A, the amount set forth in Exhibit B shall be due to the ENGINEER, monthly in proportion to die work accomplished. For services under Client's Initials: Engineer's Initials: 71) Page 1 of 12 CULPEPPER & TERPENING, INC. AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES SR 70 — APPLEBEE's TURN LANES CITY of OKEECHOBEE C&T PROJECT NO.1-2-203 August 9, 2012 Section III: "Additional Services," the amount due to the ENGINEER shall be an amount equal to the hours properly charged to the services, multiplied by the employee's rate as established in Exhibit D. a. For services under Section IV: "Direct and Reimbursable Expenses" the ENGINEER is entitled to reimbursement at the direct cost incurred by ENGINEER. b. Any unpaid balances in excess of 60 days past due will be charged interest at the rate of 1-1/2% per month. c. All monies received as payment on the PROJECT will be applied to the oldest outstanding amount due the ENGINEER. d. CLIENT shall be responsible for all costs of collection including ENGINEER'S reasonable attorney's fees and costs, including appellate attorney's fees and costs, whether or not suit is actually filed. VI. DELETION OF SERVICES In the event that the CLIENT wishes to delete any portion of the work herein described, the ENGINEER shall be notified in writing of any deletion the CLIENT wishes to make, and shall accept said deletion in writing. VII. OBLIGATION OF THE CLIENT The CLIENT shall furnish and make available to the ENGINEER, all pertinent data necessary for proper and expeditious completion of the services as outlined under Exhibit A of this .Agreement. VIII. PURSUANCE OF ENGINEER'S SERVICES The ENGINEER shall make all reasonable efforts to meet the anticipated schedules as set forth in Exhibit C for his services as agreed to with the CLIENT. The ENGINEER shall reasonably coordinate with governmental reviewing agencies, but shall not be held responsible for delays or expenses caused by their reviewing time and/or modifications. IX. TERMINATION FOR CAUSE AND/OR CONVENIENCE 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. This Contract may be terminated, in whole or in part, in writing, by the CLIENT for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in subparagraph 1 above. In the event of termination, the ENGINEER shall be paid for all work completed prior to the effective date of termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which were approved by the CLIENT prior to notice of intent to terminate. Upon receipt of a termination action under subparagraphs 1 and 2 above, the ENGINEER shall: (1) promptly discontinue all affected work (unless the notice directs otherwise); and (2) deliver or otlnervise make available to the Client's Initials: Engineer's Initials: (l Pape 2 of 12 0 0- CULPEPPER & TERPENING, INC. AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES SR 70 — APPLEBEE's TURN LANES CITY of OKEECHOBEE C&T PROJECT NO. 12-203 August 9, 2012 CLIENT all data, drawings, reports, specifications, summaries and other such information as may have been accumulated by the ENGINEER in performing this Contract, whether completed or in process. Upon termination, the CLIENT may take over the work and may award another party a contract to complete die work described in this Contract. X. TEMPORARY SUSPENSION OF SERVICES Should the CLIENT require a temporary postponement of Engineering Services under this Agreement, he shall notif}, die ENGINEER in writing. When services are to be resumed, the CLIENT shall provide the ENGINEER ample prior written notice to proceed. The ENGINEER'S obligation to recommence work shall be subject to mutually acceptable fee re -negotiations between CLIENT and ENGINEER. XI. EXTENT OF AGREEMENT This Agreement represents the entire and integrated Agreement between the CLIENT and the ENGINEER and supersedes all prior negotiations, representations and/or agreements, either written or oral. There shall be no modifications or changes to this Agreement except those made in writing and signed by both CLIENT and ENGINEER. XII. LIMITS OF LIABILITY The total agreed limits of liability for tie performance of this contract by the ENGINEER shall be $50,000. XIII. ACCEPTANCE The CLIENT and die ENGINEER agree to the terms of this Agreement as outlined. The ENGINEER'S receipt of a copy of this Agreement signed by the CLIENT and Record Title Holder, if different from CLIENT, shall constitute Notice to Proceed to die ENGINEER XIV. RETAINER/OBLIGATION TO PROCEED XV. RECORD TITLE HOLDER .MAIMt gum Client's Initials: Engineer's Initials: t D—z.,rio CULPEPPER & TERPENING, INC. AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES SR 70 — APPLEBEE's TURN LANES CITY of OKEECHOBEE C&T PROJECT NO. 12-203 August 9, 2012 ` zp `. - due te EINIGINEZER pursuant . XVI. MISCELLANEOUS Tlris Agreement shall be governed by the Iaws of the State of Florida. Tlus Agreement shall be construed as if drafted by all parties hereto and no ambiguity in this Agreement shall be construed ag grist any party hereto. In the event of any dispute arising under this Agreement, the parties agree that venue for such dispute shall be in the state courts located within Okeechobee County, Florida. All parties further agree to waive the right to a jury trial in connection with any matters arising pursuant to this Agreement. To the extent that any portion of this Agreement shall be deemed unenforceable by a court of competent jurisdiction, then such portion shall be deemed severable and die balance of this Agreement shall remain valid and enforceable. XVII. PROHIBITION AGAINST CONTINGENT FEES The ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER to solicit or secure this agreement and he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the ENGINEER any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this agreement. XVIII. ACCESS TO RECORDS The CLIENT, HUD, DCA, 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 ENGINEER and the CLIENT which are related to this Contract for the purpose of making audit, examination, excerpts and transcriptions. XLY. RETENTION OF RECORDS The ENGINEER shall retain all records relating to this Contract for six (6) years after the CLIENT makes final payment and all other pending matters are closed. XX. PUBLIC ENTITY CRIME The ENGINEER is in compliance with Section 287.133, Florida Statutes, (2011), for Public Entity Crimes, and has not been placed on the convicted vendors list within the last thirty -sit (36) months preceding the date of this Contract. =. REMEDIES Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the CLIENT and the ENGINEER, arising out of or relating to this contract, or the breach of it, will be decided by arbitration if the parties mutually agree, or in a Florida court of competent jurisdiction. Client's Initials: 1 Enaineer's Initials:`-= 6 Paee 4 of 12 • CULPEPPER & TERPENING, INC. AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES SR 70 -- APPLEBEE's TURN LANES CITY of OKEECHOBEE C&T PROJECT NO. 12-203 August 9, 2012 KXII. ADJUSTMENT OF CONTRACT PRICE If a Trudi-In-Negotiations certificate was required for this contract, the firm agrees that the original contract price and additions thereto shall be adjusted to exclude any significant sums by which it is determined that the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of the contract. ACKNOWLEDGED AND ACCEPTED Approved By: Submitted By. CITY of OKEECHOBEE CULPEPPER & TERPENING, INC I Signed: Signed: : -- Date: Date: Printed Name: Name: Sherry T. Terpening CFO Client's Initials: Engineer's Initials: P-C-r iq CULPEPPER & TERPENING, INC. AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES SR 70 — APPLEBEE's TURN LANES CITY of OKEECHOBEE C&T PROJECT NO. 12-203 August 9, 2012 EXHIBIT "A" SCOPE OF SERVICES Specific tasks to be performed by ENGINEER are as follows: 1. BASIC SERVICES 1.1. Initial Plan Submittal The ENGINEER shall prepare Initial Plans in general accordance with the FDOT PWJ and Florida Green Book. The plans shall be based upon the preliminary layout as approved by the FDOT. The Plans shall be prepared on 11" x 17" size format and comply with the CLIENT'S criteria, PPM, and FDOT Design Standards. The Plan submittal requirements shall be consistent with die PPM, Volume II, Chapter 2.3.2, Cons tructability Submittal (609/6) and include the following components: 1.1.1. Key Sheet (Preliminary) 1.1.2. General Notes (Preliminary) 1.13. Typical Section (Preliminary) 1.1.4. Project Layout Sheets @ 100 Scale (Preliminary) 1.1.5. Roadway Plan Sheets @ 40 Scale (Preliminary) 1.1.6. Roadway Profile Sheet @ 40 Scale (Preliminary) 1.1.7. Cross Sections @ 200' intervals (Preliminary) 1.1.8. Roadway Soil Survey (Final) 1.1.9. Storm -water Pollution Prevention Plan (Preliminary) 1.1.10. Traffic Control Plan (Preliminary) 1.1.11. Signing & Pavement Marking Plan (Preliminary) 1.1.12. Preliminary Unit Price Estimate of Probable Construction Costs commensurate with the development of the Preliminary Plan information. 1.2. Final Plan Submittal The ENGINEER shall provide final plan submittal documents in general accordance widi the FDOT PPM and Florida Green Book. The Plans shall be prepared on 11" x 17" size format and comply with the CLIENT'S criteria, PPM (Plans Preparation Manual), and FDOT Design Standards. The Plan submittal requirements shall be consistent with the PPIvi, Volume II, Chapter 2.3.2, Bidability Submittal (100%) and include the following components: 1.2.1. Key Sheet (Final) 1.2.2. General Notes (Final) 1.2.3. Typical Section (Final) 1.2.4. Project Layout Sheets @ 100 scale (Final) 1.2.5. Roadway Plan Sheets @ 40 Scale (Final) 1.2.6. Roadway Profile Sheet @ 40 Scale (Final) 1.2.7. Cross Sections @ 200' intervals (Final) 1.2.8. Roadway Soil Survey (Final) Client's Initials: { Eneincer's Initials.( CULPEPPER & TERPENING, INC. AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES SR 70 — APPLEBEE's TURN LANES CITY of OKEECHOBEE C&T PROJECT NO.12-203 August 9, 2012 1.2.9. Storinwater Pollution Prevention Plan (Final) 1.2.10. Traffic Control Plan (Final) 1.2.11. Signing & Pavement Marking Plan (Final) 1.2.12. Update to the Unit Price Estimate of Probable Construction Costs commensurate with the development of the Final Plan information. 1.3. Project Permitting The ENGINEER shall provide permit submittals to the following agencies for the construction of the project: 1.3.1. FDOT "Roadway Alteration & Driveway Connection Permit" A Roadway Alteration and Driveway Connection Permit shall be submitted to the FDOT District One office. The submittal shall be made in accordance with the pre -application meeting held on January 31, 2012 between Mr. Mark Clark, Access Management Specialist of the FDOT and Mr. James Vitter, I{-H. 1.3.2. SFWMD "Notice General Permit" A Notice General Permit shall be submitted to the SE7kVMD for tine proposed project improvements. The pen -nit shall include the documentation required to allow the SFWIVID to permit the project. 1.4. Bidding & Negotiations The ENGINEER will prepare a set of bidding documents, including final construction plans and technical specifications. One electronic version and ten (10) copies of the bidding documents will be provided to the CLIENT for bidding purposes. Upon receipt of bids, the ENGINEER shall review the responsive bids for the project and provide a recommendation of award to die CLIENT. 2. RESIDENT INSPECTION SERVICES 2.1. The ENGINEER will provide contract administration assistance throughout the duration of the construction of the project. The services to be provided during construction are based upon a two (2)- month construction duration. Additional inspection time, if required by the contractor, shall be provided by the contractor as stipulated in the project bid specifications. 2.2. The ENGINEER will assist the CLIENT w-itln bi-weekly construction progress meetings as a construction scheduling tool. Critical elements and dates will be monitored with the contractor as construction progresses, so that avoidable delays can be anticipated and adjustments made. The CLIENT and affected Residents will be kept informed by the ENGINEER of the Contractors schedule. Client's Initials: [naineer's Initials: " Pave 7 of 17 CULPEPPER & TERPENING, INC. AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES SR 70 — APPLEBEE's TURN LANES CITY of OKEECHOBEE C&T PROJECT NO. 12-203 August 9, 2012 2.3. Project Representative The ENGINEER shall provide Construction Engineering Inspection (CEI) services during the construction period of eight (8) weeks along witli a one (1) week start up and one (1) week close out for a total construction duration of ten (10) weeks. An inspector will be provided on an as needed basis for the ten (10) weeks duration. Inspection Services during the construction of the designed improvements shall assist the ENGINEER with interpretations of the Construction Documents and report on issues related to the Construction Plans and Contract Documents, review of Construction Documents and Plans, coordination of field inspection, documentation of construction activities, schedule monitoring, pay item tracking and monthly progress payments, coordination of progress meetings and other project related meetings as necessary, and review of as -built drawings to facilitate construction final payment and close-out. 2.4. The ENGINEER shall perfonn the following scope of construction related services: 2.4.1. Review and become familiar with contract documents (construction plans, specifications, bid documents, permits, etc.) 2.4.2. Attend/Conduct pre -construction meeting. Prepare response to questions if necessary. 2.43. Review the following Contractor supplied documents for consistency with the bid documents, plans and specifications prior to site mobilization: 2.4.4. Construction Project Schedule 2.4.5. Shop Drawings 2.4.6. Product Specifications 2.4.7. Dewatering Plan 2.4.8. NPDES Review 2.4.9. Utility Coordination Documentation 2.4.10. Coordination of site inspection by ENGINEER's Inspector, with the following tasks performed: 2.4.11. Observe and monitor erosion control measures 2.4.12. Observe and monitor maintenance of traffic 2.4.13. Perform periodic checks of contractor's compliance with contract specification requirements 2.4.14. Photo document site as needed 2.4.15. Document and summarize resolution of any problems, issues, contract interpretations, etc. 2.4.16. Verify with Contractor pay item quantities for constructed/installed materials 2.4.17. Review and coordinate response for any written Contractor Requests for Information (RFIs) provided to ENGINEER. 2.4.18. Review and provide recommendations to the CLIENT on any change orders necessary to complete intent of project scope. 2.4.19. Review and provide recotntnendations to the CLIENT on the Contractor's Monthly Pay Request. 2.4.20. Conduct initial and final walk-through inspections of project with pertinent stakeholders and provide CLIENT with punch list input. Ensure correction of any deficient items noted on punch list 2.4.21. Review and provide the CLIENT with recommendations and resolution on any claim issue provided to the ENGINEER by the Contractor. Client's Initials: Engineer's Initials' Paea 8 nP 12 C CULPEPPER & TERPENING, INC. AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES SR 70 — APPLEBEE's TURN LANES CITY of OKEECHOBEE C&T PROJECT NO. 12-203 August 9, 2012 2.5. Agency Certifications The ENGINEER shall prepare and submit certifications of construction completion to the Florida Department of Transportation. The certifications shall be based upon the site observations performed by die ENGINEER, testing reports provided by an outside testing agency, and as -built drawing provided by the ENGINEER. 3. PRELIMINARY ENGINEERING 3.1. Preliminary Plan Submittal The ENGINEER shall prepare a preliminary layout of the proposed turn lane improvements in general accordance widi the FDOT PPM and Florida Green Book. The plans shall be based upon the preliminary plans developed by Kimley-Horn and Associates dated 2/14/12. The plan shall be submitted to the FDOT District 1 Permit Office for Conceptual approval. 4. ADDITIONAL ENGINEERING 4.1. Route Design Survey The ENGINEER shall provide route survey data collection for the project area. The survey shall include Right -of -Way determination and topographic data collection, both horizontal and vertical for the project. The data collection shall be performed from a minimum of 30' outside of each side of the subject roadway Right -of -Way. The vertical datum shall be consistent with Okeechobee County 1929 NGVD control network datum. Additionally, ENGINEER shall provide limited as -built drawings of the improvements in sufficient detail to certify the project to the FDOT. 4.2. Geotechnical Testing The ENGINEER shall conduct geotechnical testing of the roadway improvement area. The geotechnical testing shall include three Standard Borings as outlined in ASTM D-1586 and one roadway core of the existing pavement. The testing shall include a report of the soils conditions and recommendation of the roadway typical section for the turn Ianes. Client's Initials: r Engineer's Initials: / 4� Pa 9 or 17 CULPEPPER & TERPENING, INC. AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES SR 70 — APPLEBEE's TURN LANES CITY of OKEECHOBEE C&T PROJECT NO. 12-203 August 9, 2012 EXHIBIT "B" FEE SCHEDULE Work effort and project expenses associated with this Project will be invoiced on a percent complete of the Lump Sum tasks as follows: Phase/Task Description Task Fee 1 Basic Services Fee $18,883.00 2 Resident Inspection Fee $11,847.00 3 Preliminary Engineering Fee $1,005.00 4 Additional Engineering Fee $6,000.00 Total Fees $37,735.00 Additional services associated wide providing expert witness testimony regarding the findings of this contract will be provided on an hourly basis in accordance Nvidi die rates provided in Exhibit "D" Client's Initials: NTEneineer's Initials: P-10.r ) • i CULPEPPER & TERPENING, INC. AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES SR 70 — APPLEBEE's TURN LANES CITY of OKEECHOBEE C&T PROJECT NO. 12-203 August 9, 2012 EXHIBIT "C" SCHEDULE Phases shall continence upon notice to proceed from the City of Okeechobee and shall be completed by February 28, 2013. Time includes 14 days for The Client review of each milestone submittal. The project shall be completed in accordance with the following task schedule: Phase/Task Description Task Fee 1 Basic Services 10/15/12 2 Preliminary Engineering Fee 9/1/12 3 Resident Inspection Fee TBD 4 Additional Engineering Fees 9/15/12 The project deliverables associated with each of Phases Exhibit "A" will be delivered to the Client in accordance -,,vidn the schedule provided above. Three (3) hard copies and PDF and Auto Cad electronic files of each of dte deliverables will be as follows: a 11" x 17" Preliminary Plans 11" x 17" Final Plans a 11" x 17" Construction Plans & Bid Documents a As -built Drawing Client's Initials: Engineer's Initials: t.7i Y Pa-P. i I nP T7 CULPEPPER & TERPENING, INC. AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES SR 70 — APPLEBEE's TURN LANES CITY of OKEECHOBEE C&T PROJECT NO.12-203 August 9, 2012 EXHIBIT "D" HOURLY RATE SCHEDULE Professional Services Rate Principal Engineer, P.E. $195.00 Principal Planner $195.00 Senior Project Manager, PE $175.00 Senior Project Engineer, RE, $135.00 Senior Project Surveyor, P.S.M.. $160.00 Senior Land Surveyor, P.S.M. $125.00 Senior Project Manager $125.00 Project Engineer, P.E. $125.00 Project Manager $90.00 Project Engineer, E.I.T. $90.00 Senior Construction Manager $125.00 Construction Manager $90.00 Construction Inspector $75.00 GIS Project Manager $90.00 Sr. Engineering Technician $75.00 Engineer ing Technician $ 60.00 Sr. Surveying Technician $75.00 Surveying Technician $60.00 Administrative Services $40.00 3-D Laser Scan Crew $175.00 GPS Survey Crew $145.00 Survey Crew $125.00 Reimbursable Expense Blue Print $1.50 Each Blue Print - Color $10.00 Each Mylar $10.00 Each Compact Disc $10.00 Each Small Copy $0.20 Each Large Copy $0.35 Each Color Copy $0.35 Each Federal Express Cost Mileage $0.555 Per Mile -IRS Rate Outside Services and Application Fees Cost + 20% Rates are valid until December 31, 2013 Client's Initials: Engineer's Initials: P.- 17 .,f I') `Exhibit 9 Aug 21, 2012 City of Okeechobee SS SE 3rd Av Okeechobee FL 34974-2932 Office of the City Adininistrator Brian Wliiteliall Ph 863-763-3372 Fax 763-I686 einad: bwliiteltal[6a cityofokeechobee.com * *Memorandum * '� 41DT5 � Date: TO: FR: RE: for Aug 21, 2012 Mayor & City Coui Admin Whitehall Recommendation for purchase of backhoe Consider this a recommendation to the City Council for the purchase of a new John Deere Model 310 J/K backhoe through the FL Sheriffs' Association state bid process in the amount of $90,137 less a trade-in of the 1977 JCB model 217 valued at $10,000 for a total net bid of $80,137.00. The local Deere dealer will be able to secure parts and work on the equipment. The other two quotes would result in hauling the equipment to either Ft Pierce or Clewiston in the event of a breakdown. The local John Deere dealer, however, is unable to give a quote on the John Deere. The City will have two John Deere backhoes for ease/compatible operations. Donnie and the Public Works operators prefer the John Deere equipment. • l_t� ��)",�T#ZAX FLORIDA SHERIFFS ASSOCIATION FLORIDA ASSOCIATION OF COUNTIES 2011-2012 Contract for Vehicles and Equipment Contract Number 11-19-0907 Spec 9 67 — John Deere 4X4 Loader Backhoe July 5, 2012 Quote for City of Okeechobee: Base Unit Deere Model 310J/K $51.843.00 Contract Options: 410J/K Upgrade to 410K 13,328.00 IT4 Engine, upgrade 5,300.00 1700 JD Link 3 years free of charge 2025 ROPS Canopy 3085 4X4 4790 19.5LX24, 12.5/80-18 Tires 5225 2 lever loader controls 5656 24" GP bucket 8485 backhoe ctw Total 19.628.00 Deere Options: (-35%) 7685 1.32 yd 4X1 bucket v�zth BOE 6,324.00 7645 Less 1.3 yd standard bucket (-2,988.00) 7075 3 Function kit 3,060.00 9045 Exhaust extension 164.00 9505 Full front a --.le quard 383.00 21LX24 / 12.5180-18 tires 1,187.00 AT192022 36" ditch bucket 1.448.00 5656 Less standard 24" bucket (-1,179.00) 2085 Ultimate cab/air 12,654.00 5075 Extendable dipper 8.819.00 AT186288 SNIV emblem 62.00 AT313583 Strobe kit 322.00 Total Options 30.256.00 Less 35% (-10,590.00) Net Options 19,666.00 Total Amount FOB Okeechobee, Fl. $90.137.00 Trade Value: JCB mdl. 217 sn 405977 (-$10,000.00) Net Price: $80,137.00 MADE IN THE USA Kevin Enke, Governmental Territory Manager 4343 NW 76�t Ave. Miami, Fl. 33186 Phone (305) 592-5740 Fax (305) 513-4353 Cell (813) 967-0436 7 1] of Okeechobee Housing Rehabilitation (CDBG) 11DB-H08 Bid Tab Bids Opened July 26, 2012 e Curtis Rehabilitation Leon Rehabilitation Roberts Rehabilitation Smith Replacement Gomez Replacement Platinum Rejected Rejected Rejected Rejected Rejected American Construction $25,585.00 $18,364.00 $105,860.00 $122,815.00 SineMnrk Construction, LLC. $31,850.00 $40,800.00 $25,000.00 $114,950.00 $122,900.00 Neal Long Construction Co. $34,920.00 $36,320.00 $22,818.00 $82,035.00 $96,430.00 Bowline Construction $27,245 S1 f is $33,603.35 $22,038.13 Rejected Rejected Ted Starr Construction Rejected Rejected Rejected Rejected Rejected James Sweat $30,120.00 $32,196.00 I TAN $116,828.50 $127,721.30 Cost Estimate $ 25,776.00 $ 34,692.00 $ 18,453.00 15% Above Estimate $ 29,642.40 $ 39,895.80 $ 21,220.95 15% Below Estimate $ (21,909.60) $ (29,488.20) $ (15,685.05) Recommended contractor American American James Sweat r►� *020t, �� ► r � NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 August 9, 2012 TRANSMITTED VIA EMAIL TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: Overview of CDBG Housing Applicants - RFP ADM-02-00-06-12 CDBG Contract No.: 1ODB-05-07-57-02-HO8 On July 26, 2012 bids were received and opened for five (5) CDBG housing projects. The bid opportunity was advertised in the local newspaper on June 20, 2012. Seven (7) contractors submitted bids. With the adoption of the City's new Housing Assistance Plan (HAP) program guidelines, the bid should be awarded to the lowest responsible and responsive bidder who is within a 15 percent range that is below and above the cost estimate. A copy of the bid tabulation is attached to this memorandum for your review. The cost estimate was derived from local fair market construction costs. Also noted in the City's 14AP it states "Each contractor must satisfactorily complete one job through the Housing Rehabilitation Program before receiving any additional contracts....". Due to this requirement, the Judy Curtis rehabilitation project was awarded in a manner that was most cost-effective to the program and not necessarily to the apparent low bidder. By doing this, the work is spread among three contractors who will now have the opportunity to complete the one job requirement. The three (3) housing rehabilitation projects are noted below: Owner Judy Curtis Address 209 SE 81n Ave, Okeechobee, FL. Item # System Description of Work Location 001 Flooring Install carpet in bedrooms, hallway and living room. Various Install sheet vinyl in bathroom dinning and kitchen including baseboards for all rooms. 002 HVAC Install new HVAC system in home, include all work Interior/ needed to accommodate airhandler in existing space. Exterior HVAC system shall be new central electric minimum 15 seer, Energy Star Rated heating and air conditioning system with service to all habitable rooms. Include all ductwork, air handler closet, piping, electrical and other items necessary for a complete system. 003 Windows/ Install new prehung exterior door at front entrance and Various Doors new interior prehung doors in bathroom and both bedrooms. Install new windows throughout home; Windows shall be Insulated Impact resistant glass with Low-Solar-Gahz Low-E Glazing, Energy Star labeled Page i of 1 • • Doors bedrooms. Install new interior prehung doors in all bedrooms. Install new windows throughout home; Windows shall be Insulated Impact resistant glass with Low -Solar -Gain Low-E Glazing, Energy Star labeled and HwTicane approved. Bedroom windows must be sized properly for egress. 004 Electrical Install hardwired smoke detectors in hallway and Various bedrooms. Install new outlet and switch plate covers where missing. Install new range hood over stove in kitchen. Install new ceiling fans with light fixture and globe in all bedrooms. Install GFCI outlets in all wet areas to meet NEC. Repair inoperative outlet in the living room_ Install a new vent fan in bathroom. Install a new fixture with globe in utility room and carport. 005 Paint Paint exterior of home with one main color and one trim Various color. Paint all interior one color ou walls and ceilings white. 006 Interior Repair all damaged or deteriorated drywall throughout Various the home including utility room to include all trim, taping and texture best to match existing. Remove attic fan in the hallway and repair drywall. Replace all closet shelving with new vinyl coated white wire shelving. 008 Plumbing Install new porcelain bathtub with the surround, Bathroom plumbing and fixtures to include all items necessary for a complete system. Install a new vanity to meet existing sixe to include top, sink, fixture and all plumbing. Install a new toilet with supply line and shut off valve. Snake and flush out washing machine discharge drain to drain properly. 009 Insulation Install attic insulation to meet R-30. Attic 010 Cabinets Install new kitchen cabinets with same footage as Kitchen existing to include countertops, sink, plumbing and all items necessary for a complete and finish system. Oil Exterior Replace all damaged or missing stucco around utility Various room. Replace all deteriorated wood around the 4"x4" support poles under the carport. Install new eave drip on entire structure where needed. Bids Submitted: Cost Estimate: Platinum American Construction SineMark Construction, LLC Neal Long Construction Co. Bowline Construction Ted Starr Construction James Sweat Bid Rejected* $29,955.00 $40,800.00 $36,320.00 $33,603.35 Bid Rejected** $32,196.00 $34,692.00 Page 3 of 3 and Hurricane approved. Bedroom windows must be sized properly for egress. 004 Electrical install hardwired smoke detectors in. hallway and Various bedrooms. Install new outlet and switch plate covers where missing. Install new range hood over stove in kitchen. Install new exterior ceiling fan with light fixture and globe in carport area. 005 Paint Paint exterior of home with one main color and one trim Various color. Paint all interior one color on walls and ceilings white. 006 Interior Repair all damaged or deteriorated drywall throughout Various the home to include all trim, taping and texture best to match existing. Install new marble sills where missing on windows. Complete all bathroom work need including but not limited to tile, tape and texture. Affix phone jacks to walls. Frame around attic access panel. Fabricate missing doors where missing over built in oven best to match existing. 008 Exterior Install gutters (homeowner to supply materials). Exterior 009 Insulation Install attic insulation to meet R-30. Attic Bids Submitted: Cost Estimate: Platinum American Construction SineMark Construction, LLC Neal Long Construction Co. Bowline Construction Ted Starr Construction James Sweat Bid Rejected* $25,585.00 $31,850.00 $34,920.00 $27,245.51 Bid Rejected" $30,120.00 $25,776.00 Recommendation — Consider award for Judy Curtis project to the most cost-effective bidder based upon HAP requirement that each contractor must have successfully completed one job prior to being awarded multiple projects. The most cost-effective contractor is Bowline Construction, who is within the 15 percent range below or above the cost estimate, in the amount of $27,245.51. Owner Debra Leon Address 604 NW 151tSt, Okeechobee, FL. Item # System Description of Work Location 001 Flooring Install sheet vinyl in bathroom. Various 002 HVAC Install new HVAC system in home, include all work Interior/ needed to accommodate airhandler in existing space. Exterior HVAC system shall be new central electric minimum 15 SEER, Energy Star Rated heating and air conditioning system with service to all habitable rooms. Include all ductwork, air handler closet, piping, electrical and other items necessary for a complete system. 003 Windows/ Install new prehung exterior door at front entrance and Various utility room. Install new interior closet doors in all Page 2 of 2 Recommendation — Consider award for Debra Leon project to low bidder, American Construction, who is within the IS percent range below or above the cost estimate, in the amount of $29,955.00. Owner Shirley Roberts Address 915 NW 91' Street Okeechobee. FL. Item 11 System Description of Work Location 001 Flooring Install sheet vinyl flooring throughout home. Various 002 Plumbing Install new ceramic tub with tile surround to include Bathroom drain, plumbing, fixtures and handicap grab bars. Install handicap grab bars around toilet. 003 Windows/ Install new prehung exterior door at utility entrance and Various Doors new interior closet door in second bedroom_ Install new windows throughout home; Windows shall be Insulated Impact resistant glass with Low -Solar -Gain Law-E Glazing, Energy Star labeled and Hurricane approved. Bedroom windows must be sized properly for egress. 004 Electrical Install hardwired smoke detectors in hallway and Various bedrooms. Install GFCI receptacles to meet NEC. Install a new fixture with globe on the rear entrance. 005 Paint Paint exterior of home with one main color and one trim Various color. Paint all interior disturbed or repaired areas of home best to match existing. 006 Interior Repair all damaged or deteriorated drywall throughout Various the home to include all trim, taping and texture best to match existing. Exterior Install new soffits on entire home and replace all Exterior :0, [- deteriorated fascia as needed 009 Insulation Install attic insulation to meet R-30. Attic Bids Submitted: Platinum Bid Rejected* American Construction $18,364.00 SineMark Construction, LLC $25,000.00 Neal Long Construction Co. $22,818.00 Bowline Construction $22,038.13 Ted Starr Construction Bid Rejected** James Sweat $18,180.00 Cost Estimate: $18,453.00 Recommendation — Consider award for Shirley Roberts project to low bidder, James Sweat, who is within the 15 percent range below or above the cost estimate, in the amount of $18,180.00. Two (2) demo/replacement projects were also put out to bid. The work write-up for each applicant is noted below: Page 4 of 4 Owner iylarilvn Smith Address 512 SF, 10 Avenue Okeechobee FL. Item it System Description of Work Location 001 DEMOLITION Demolition and safe, legal, disposal of all materials and All clean up of job site for the construction of the new house. Special attention should be directed to the attached reports regarding asbestos and lead containing materials and recommendations in those reports. Any recommendations included in the reports regarding asbestos and lead shall become part of the Work. 002 SITEWORK Provide mandatory boundary, site survey and plan. All Preparation of site for new construction shall include 36 inches of fill dirt for bidding purposes, any additional fill will be addressed through a change order , grading, compacting and testing necessary for this house including handicap accessible concrete ramp, curb cuts, driveways, driveway aprons, and sodding installed from the exterior of the home out to 20 feet unless more is required by current code. Any site in a flood zone shall be constructed at least one foot above base flood elevation. The required certificate of elevation is the responsibility of the contractor, if property is located in the flood zone and a copy must be submitted with the final pay request. Treat for termites prior to pouring slab. 003 NEW STRUCTURE Site built homes shall consist of the following: All Minimum 1000 sq. ft, 2 bedroom, 1 bath, with additional 9' by 15' covered front porch and kitchen — dining and living room combination. Materials shall be concrete slab -on -grade, CMU walls, and shingled hip roof with Vinyl vented soffits, aluminum fascia and roof vents. All plans and permitting shall be the responsibility of the contractor. Exterior shall be painted with one main color and one trim color. 004 ELECTRICAL, Minimum 200 amp service and wiring to meet NEC. All APPLIANCES, AND I-IVAC (Note: electric service shall be located on side or rear of house). New 4 bumer electric stove, new water heater, range hood, all electrical fixtures, switches, and other items necessary for a complete house in move -in condition. Provide new minimum 13 cu. ft. frost -free Energy Star Rated refrigerator. HVAC system shall be new central electric minimum 15 seer, Energy Star Rated heating and air conditioning system with service to all habitable rooms. Include all ductwork, air handler closet, piping, electrical and other items necessary for a complete system. 005 INTERIOR Provide plaster or drywall walls, textured ceilings, new All carpet in living room, bedrooms and hall, and vinyl flooring in kitchen and bathroom. All walls and ceilings to be painted one color. Insulate walls to minimum R-19, and ceilings to R-30. Include all handicap accessible interior and exterior doors, screen doors, and closet doors necessary. Exterior doors shall include deadbolts, keyed alike. OOb SEPTIC SYSTEM Provide new septic system and drain field. For bidding Provide All provide price for an elevated system, with five feet of fill for the drain field and abandonment of existing septic tank. If a new septic is not required the final pay request will be adjusted based on this unit price. (The only allowable change order for this item is if a lift pump or additional Fill is required) 007 PLUMBING New plumbing fixtures shall include toilet, bathtub or All shower with built in seat (homeowner to select which type), bathroom vanity and kitchen sink. Install washer and dryer hook-ups in enclosed space with louvered doors and utility shelving, and 2 exterior hose bibs. Connect to community water system if available, or existing well. 008 WINDOWS Windows shall be Insulated Impact resistant glass with All Low -Solar -Gain Low-E Glazings, Energy Star labeled and Hurricane approved. Number, size and location to be determined by contractor's plans. Bedroom windows must be sized properly for egress. 009 CABINETS Provide minimum 10' of base cabinets and Kitchen/ countertops, and 8' of wall cabinets in kitchen. Provide .Bathroom medicine cabinet and mirror in bathroom with light above mirror. 010 MISC. Provide minimum of 2 towel bars in bathroom, toilet Various paper holder, shower bar, and minimum 5' X 5' concrete pad at rear exterior entrance. Install 911 addressing as required. Bids Submitted: Platinum Cost Estimate: American Construction SineMark Construction, LLC Neal Long Construction Co. Bowline Construction Ted Starr Construction James Sweat Bid Rejected* $105,860.00 $114,950.00 $82,035.00 Bid Rejected** Bid Rejected*** $116,828.50 No Provided at This Time Recommendation — Consider rejecting all bids for the Marilyn Smith project due to fact that, at this time, adequate funds are not available to fund this project. Project will be re -bid once it has been determined that there are sufficient funds to cover the cost for demo/replacement units once all reliab units have been awarded. Homeowners will be advised of this action. Owner Maria Gomez Address 1106 SW 5th Street. Okeechobee. FL. Item # System Description of Work Location 001 DEMOLITION Demolition and safe, legal, disposal of all materials and All clean up of job site for the construction of the new house. Special attention should be directed to the attached reports regarding asbestos and lead containing materials and recommendations in those reports. Any recommendations included in the reports regarding asbestos and lead shall become part of the Work. 002 SITEWORK Provide mandatory boundary, site survey and plan. All Preparation of site for new construction shall include 36 inches of fill dirt for bidding purposes, any additional fill will be addressed through a change order , grading, compacting and testing necessary for this house including handicap accessible concrete ramp, curb cuts, driveways, driveway aprons, and sodding installed from the exterior of the home out to 20 feet unless more is required by current code. Any site in a flood zone shall be constructed at least one foot above base flood elevation. The required certificate of elevation is the responsibility of the contractor, if property is located in the flood zone and a copy must be submitted with the final pay request. Treat for termites prior to pouring slab. 003 NEW STRUCTURE Site built homes shall consist of the following: All Minimum 1200 sq. ft, 3 bedroom, 1 bath, with additional 9' by 15' covered front porch and kitchen — dining and living room combination. Materials shall be concrete slab -on -grade, CMU walls, and shingled hip roof with Vinyl vented soffits, aluminum fascia and roof vents. All plans and permitting shall be the responsibility of the contractor. Exterior shall be painted with one main color and one trim color. 004 ELECTRICAL, Minimum 200 amp service and wiring to meet NEC. All APPLIANCES, (Mote: electric service shall be located on side or rear AND HVAC of house). New 4 bumer electric stove, new water beater, range hood, all electrical fixtures, switches, and other items necessary for a complete house in move -in condition. Provide new minimum IS cu. ft. frost -free Energy Star Rated refrigerator. HVAC system shall be new central electric minimum IS seer, Energy Star Rated heating and air conditioning system with service to all habitable rooms. Include all ductwork, air handler closet, piping, electrical and other items necessary for a complete system. 005 INTERIOR Provide plaster or drywall walls, textured ceilings, new All carpet in living room, bedrooms and hall, and vinyl flooring in kitchen and bathroom. All walls and ceilings to he painted one color. Insulate walls to minimum R-I9, and ceilings to R-30. Include all handicap accessible interior and exterior doors, screen doors, and closet doors necessary. Exterior doors shall include deadbolts, keyed alike. 006 SEPTIC SYSTEM Provide new septic system and drain field. For bidding All purposes, provide price for an elevated system, with five feet of fill for the drain field and abandonment of existing septic tank. If a new septic is not required the final pay request will be adjusted based on this unit price. (The only allowable change order for this item is if a lift pump or additional fill is required) 007 PLUMBING New plumbing fixtures shall include toilet, bathtub or All shower with built in seat (homeowner to select which type), bathroom vanity and kitchen sink. Install washer and dryer hook-ups in enclosed space with louvered doors and utility shelving, and 2 exterior hose bibs. Connect to community water system if available, or existing well. 008 WINDOWS Windows shall be Insidated Impact resistant glass with All Lonv-Solar=Gahz Low-E Glazings, Energy Star labeled and Fhn7icane approved. Number, size and location to be determined by contractor's plans. Bedroom windows must be sized properly for egress. 009 CABINETS Provide minimum 10' of base cabinets and Kitchen/ countertops, and 8' of wall cabinets in kitchen. Provide Bathroom medicine cabinet and mirror in bathroom with light above mirror. 010 MISC. Provide minimum of 2 towel bars in bathroom, toilet Various paper holder, shower bar, and minimum 5' X 5' concrete pad at rear exterior entrance. Install 911 addressing as required. Bids Submitted: Platinum American Construction SineMark Construction, LLC Neal Long Construction Co. Bowline Construction Ted Starr Construction James Sweat Bid Rejected* $122,815.00 $122,900.00 $96,430.00 Bid Rejected" Bid Rejected*** $127,721.30 Cost Estimate: No Provided at This Time Recommendation — Consider rejecting all bids for the Maria Gomez project due to fact that at this time, adequate funds are not available to fund this project. Project will be re -bid once it has been determined that there are sufficient funds to cover the cost for demo/replacement units after all rehab units have been awarded. Homeowners will be advised of this action. Notes: *Platinum's bids were rejected because they did not return the signed Addendurn with their bid documents as noted in dhe Addendum. **Bowline Construction was determined to be non -responsive for the Smith and Gomez demo/replacement projects as they utilized the same costs for each itemized price requested. Actual pricing is required so that staff can adequately determine if the price submitted for each item is sufficient to cover the cost. Also, staff must know the correct cost so that if a deductive change order is issued, staff can determine the appropriate amount to deduct. **Ted Starr Construction's bids were rejected because they did not provide a cost itemizing as requested for each bid item and did not return the signed Addendum with their bid documents. A complete copy of each RFP is on file in the CDBG files if you wish to review these documents. Please do not hesitate to contact me if you have any further questions and/or comments. /nsp Exhibit 9 Aug 21, 2012 City of Okeechobee SS SE 3rd Av Okeechobee FL 34974-2932 Office of the City Administrator Briar: 1 %itehall Ph 863-763-3372 Fax 763-1686 email: bwluteli(ii a7,cityofokeecl:obee.com Date: TO: FR: * *Memorandum for Aug 21, 2('Y' Mayor & City Admin Whiteh RE: Recommendation for purchase of backhoe Consider this a recommendation to the City Council for the purchase of a new John Deere Model 310 J/K backhoe through the FL Sheriffs' Association state bid process in the amount of $90,137 less a trade-in of the 1977 JCB model 217 valued at $10,000 for a total net bid of $80,137.00. The local Deere dealer will be able to secure parts and work on the equipment. The other two quotes would result in hauling the equipment to either Ft Pierce or Clewiston in the event of a breakdown. The local John Deere dealer, however, is unable to give a quote on the John Deere. The City will have two John Deere backhoes for ease/compatible operations. Donnie and the Public Works operators prefer the John Deere equipment. FLORIDA SHERIFFS ASSOCIATION FLORIDA ASSOCIATION OF COUNTIES 2011-2012 Contract for Vehicles and Equipment Contract Number 11-19-0907 Spec # 67 — John Deere 4X4 Loader Backhoe July 5, 2012 Quote for City of Okeechobee: Base Unit Deere Model 310JIK $31,843.00 Contract Options: 410JIK Upgrade to 41 OK 13,328.00 IT4 Engine, upgrade 5,300.00 1700 JD Link 3 years free of charge 2025 ROPS Canopy 3085 4X4 4790 19.51X24, 12.5/80-18 Tires 5225 2 lever loader controls 5656 24" GP bucket 8485 backhoe ctw Total 18.628.00 Deere Options: (-35%) 7695 1.32 yd 4X1 bucket with BOE 6,324.00 7645 Less 1.3 yd standard bucket (-2,988.00) 7075 3 Function kit 3,060.00 9045 Exhaust extension 164.00 9505 Full front axle guard 383.00 21IM4 / 12.5/80-18 tires 1,187.00 AT192022 36" ditch bucket 1.448.00 5656 Less standard 24" bucket (-1,179.00) 2085 Ultimate cab/air 12,654.00 5075 Extendable dipper 8.819.00 AT186288 SW emblem 62.00 AT313583 Strobe kit 322.00 Total Options 30,256.00 Less 35% (-10,590.00) Net Options 19,666.00 Total Amount FOB Okeechobee, Fl. $90.137.00 Trade Value: JCB mdl. 2I7 sn 405977 (-$10.000.00) Net Price: $90,137.00 MADE IN THE USA Kevin Enke, Governmental Territory Manager 4343 NW 76th Ave. Miami, Fl. 33186 Phone (305) 592-5740 Fax (305) 513-4353 Cell (813) 967-0436 • U CITY OF OKEECHOBEE TABULATION SHEET FOR 2011 CDBG ECONOMIC DEVELOPMENT PROJECT CDBG GRANT ADMINISTRATION Name of Evaluators: James E. Kirk Brian Whitehall Robin Brock NAME OF FIRM Maximum Points Points Awarded Nancy Phillips & Associates, LC 100 92.8 Guardian Community Resource Management, Inc. 100 86.8 s r. • 0 CITY OF OKEECHOBEE TABULATION SHEET FOR 2011 CDBG ECONOMIC DEVELOPMENT PROJECT CDBG ENGINEERING SERVICES Name of Evaluators: James E. Kirk Brian Whitehall Robin Brock NAME OF FIRM Maximum Points Points Awarded Culpepper & Terpening, Inc. 80 76.2 AIM Engineering & Surveying, Inc. 80 72.8 Chastain Skillman 80 67.4 Mock Roos 1 80 1 65.2 o W Good morning- (Thr Aug 16 2012 Sam) As I indicated in a prior email, I wanted to send proposed changes as they came to me and I finally completed the review process with the City Atty and have just a cpl of additional notes. 1. V. Compensation to Engineer— refers to services under Section Ill (Additional Services). I've previously asked the City Atty to include verbiage so as to limiting the City's financial exposure, particularly in light of the fact of what I explained to you on the financing arrangement. The City passed a Participating Party Agreement w/ the Applebee's developer(s) wherein any cost over runs will be absorbed by them, including engineering costs. It places the City and Engineering group in a compromising position when we are technically outside the financing approval process for any warranted cost overruns. So, I don't have the exact legal jargon for a 'not -to - exceed' like contract, but within Section V there needs to be a subsection formalizing the method of reimbursement for Additional Services not expressly stated in Exhibit A. In Section V, please add a subsection that calls for a 'change -order' to be approved by both parties, in the event that additional services are required. 2. V. Compensation to Engineer, a. - refers to services under section IV, which has been deleted and, therefore should be deleted. 3. V► Deletion of Services — refers to work being deleted and a phrase needs to be added that any reduction shall 'correspond to a reduction in fees, accordingly'. 4. XII Limits of liability — the agreed limit of liability for performance is $50,000. Atty Cook asked for clarification as to the definition of the liability and that it be expressly included in the contract. It's a bit ambiguous. 5. Please add the following to this section: Section XXI EQUAL OPPORTUNITY The ENGINEER warrants that there shall be no discrimination against applicants for services under this Agreement because of race, color, age, sex, religion, and national origin, place of birth, ancestry or handicap. Section XXII INDEMNIFICATION The ENGINEER 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 ENGINEER or ENGINEER's members, employees, agents and others with respect to this Agreement. Subject to the provisions of Section 768.28, Florida Statutes (2011), the City agrees to indemnify and hold harmless the ENGINEER 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 Agreement 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. Thank you for your patience in finally putting this together! Brian