Loading...
Highway Beautification Grant Florida Department of Transportation RICK SCOTT 801 North Broadway Avenue ANANTH PRASAD, P.E. GOVERNOR Bartow, Florida 33830 SECRETARY September 25, 2013 Maureen Burroughs, President Okeechobee Main Street 55 South Parrott Avenue Okeechobee, FL 34974 RE: Notice to Proceed for: Okeechobee Main Street's 2012-2013 FHBC Grant FPID#433826-1-74-01 Contract#AR092 SR 15/SR 700 (US 98/US 441) (from SW 28th Street (Wolff Road) to SR 70) Begin MP: 1.371 to End MP: 3.134 Okeechobee County Dear Ms. Burroughs: This letter is written to serve as the official Notice to Proceed to Okeechobee Main Street and the City of Okeechobee. As of September 25, 2013, the Department authorizes the start of work on your 2012/2013 FHBC Grant. The construction of this project must be completed prior to June 30, 2014, which is the expiration date of this contract. If you cannot meet this deadline, please notify me a minimum of 90 days prior to the contract expiration date. Prior to the start of any landscape/irrigation installation all construction plans and technical maintenance plans must be approved by the Department. Also, prior to the start of any landscape/irrigation installation contact Robbyn Jennings at the Sebring Operations Center to coordinate construction activities. If you have any questions or comments, please do not hesitate to contact Mike Schulte, District Landscape Architect and FHBC Grant Cordinator at (863) 519-2239 or at michael.schulte(a dot.state.fl.us � Sincerely, ( Marlon J. Bizerra, P.E. District Environmental Engineer Enclosure: FHBC Grant Landscape and Construction Memorandum of Agreement CC: Chris Smith, Director of Transportation Development Randell Prescott, Director of Transportation Operations Robbyn Jennings, Sebring Operations Center Sharon Harris, District Maintenance Administrator Mike Schulte, District Landscape Architect File www.dot.state.fl.us FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION,AND MAINTENANCE MEMORANDUM OF AGREEMENT 3 THIS AGREEMENT,made and entered into this day of Z.5 Sief T._._._,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,a component AGENCY of the State of Florida, hereinafter called the"DEPARTMENT"and the City of Okeechobee,a political subdivision of the State of Florida, existing under the Laws of Florida,hereinafter called the"AGENCY." WITNESSETII WHEREAS,the DEPARTMENT has jurisdiction over and maintains State Road 15/SR 700,(US 98/US 441)as part of the State Highway System;and WHEREAS,the AGENCY seeks to install and maintain certain landscaping within the unpaved areas within the right of way of State Road 15/SR 700,(US 98/US 441));and WHEREAS,the DEPARTMENT agrees that landscaping should be installed and maintained as proposed by AGENCY and has,through the Florida Highway Beautification Council,awarded AGENCY a beautification grant for installing such landscaping;and WHEREAS,the parties hereto mutually recognize the need for entering into an AGREEMENT designating and setting forth the responsibilities of each party;and WHEREAS,AGENCY,by Resolution No. 12-08, dated September 2561.E2012,and attached hereto as Exhibit"A,"has accepted said grant and authorized its officers to execute this AGREEMENT on its behalf. NOW THEREFORE,for and in consideration of the mutual benefits to flow each to the other,the parties covenant and agree as follows: 1. The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in the Landscape Plan(s)included as Exhibit`B." Such installation shall be pursuant to Rule 14- 40.003,Florida Administrative Code,as it may be amended from time to time. The AGENCY shall not change or deviate from said plan(s)without written approval of the DEPARTMENT. 2. The AGENCY agrees to maintain the landscaping within the median and areas outside the travel way within the right of way pursuant to the Landscape Maintenance Plan(s)included as Exhibit"C",and Rule 14-40.003,Florida Administrative Code,as it may be amended from time to time. The above named functions to be performed by the AGENCY shall be subject to periodic inspections by the DEPARTMENT. The AGENCY shall not change or deviate from said plan(s)without written approval of the DEPARTMENT. 3. All landscape installation and maintenance activities undertaken by AGENCY shall be pursuant to the Work Zone Traffic Control Plan(s)included as Exhibit"D",and Rule 14-40.003,Florida Administrative Code. 4. If at any time after the AGENCY has assumed the landscaping installation or maintenance responsibility above-mentioned,it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not properly installed or maintained pursuant to the terms of this AGREEMENT,the District Secretary or his designee may issue a written notice that a deficiency or deficiencies exist(s),by sending a certified letter to the AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty(30)calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period,the DEPARTMENT may at its option,proceed as follows: a. If installation is not completed pursuant to the plans in paragraph 1,the DEPARTMENT may complete the installation,with DEPARTMENT or Contractor's personnel,and deduct the reasonable cost thereof from the money otherwise due the AGENCY under this AGREEMENT. b. If installation has been properly completed or if the DEPARTMENT elects not to complete the landscaping under(a)above,and maintenance by AGENCY is not in compliance with paragraphs 2 or 3,the DEPARTMENT may take action to maintain the landscaping or a part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred,or c. The DEPARTMENT may terminate the AGREEMENT,in which case the AGENCY shall at its own expense and within sixty(60)days after written notice by the DEPARTMENT,remove all of the landscaping that the DEPARTMENT directs be removed and return the right-of-way to its original condition. The AGENCY will own such materials as it removes and the DEPARTMENT shall own any materials remaining. The DEPARTMENT may,in its discretion, remove,relocate or adjust the landscaping materials,with the AGENCY being responsible for the cost of any removal. Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT, AGENCY shall cease installation and maintenance activities under this AGREEMENT. 5. It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be removed,relocated or adjusted by the DEPARTMENT at any time in the future as determined to be necessary by the DEPARTMENT in order that the state road be widened,altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty(60) calendar days notice to remove said landscaping after which time the DEPARTMENT may remove the same. 6. AGENCY may utilize its employees or third parties to accomplish its obligations under paragraphs 1,2 or 3;however,AGENCY remains responsible for proper performance under this AGREEMENT and shall take all steps necessary to ensure that its employees or third parties perform as required under this AGREEMENT. 7. The DEPARTMENT hereby agrees that, upon satisfaction of the conditions of paragraph 8 of this AGREEMENT,the DEPARTMENT will pay the AGENCY the amount of 5100.000.00 of such installation may only include costs which are allowed by Section 339.2405(11),Florida Statutes. 8. Payment shall be made to the AGENCY by the DEPARTMENT under the following conditions. a. This AGREEMENT has not been terminated pursuant paragraph 4. b. The grant award has not lapsed pursuant to paragraph 11. c. Written certification of the completion of the installation and acceptance by the AGENCY is provided to the DEPARTMENT. d. The Highway Beautification Council has inspected and issued written approval of the work or has issued a written waiver of its inspection rights pursuant to this AGREEMENT. e. A DEPARTMENT Landscape Architect has inspected the work and has issued a written determination that the AGENCY has completed the installation of the landscaping pursuant to the terms of this AGREEMENT. 2 9. Payment under paragraph 8 of this AGREEMENT is also subject to the following conditions. a. Proof of receipt and approval of goods and services must be available upon request by the DEPARTMENT or the State Comptroller pursuant to Section 215.42,Florida Statutes. b. Bills for fees or other compensation for services or expenses that are recovered pursuant to this AGREEMENT shall contain detail sufficient for a proper preaudit or postaudit thereof. c. Records of costs incurred under the terms of this AGREEMENT shall be maintained by the AGENCY and made available upon request to the DEPARTMENT at all times during the period of this AGREEMENT and for three years after final payment is made. Copies of these documents shall be provided to the DEPARTMENT upon request. Records of the costs incurred include the AGENCY'S general accounting records,together with supporting documents and records of the City of Okeechobee,FL and all subcontractors performing work,and all other records considered necessary by the DEPARTMENT for a proper audit of costs. 10. The administration of funds awarded by the DEPARTMENT to the AGENCY may be subject to audits and/or monitoring by the DEPARTMENT as described in this section. a. In addition to reviews of audits conducted in accordance with OMB A-133 monitoring procedures may include,but not be limited to,on-site visits by DEPARTMENT staff,limited scope audits as defined by OMB A-133,and/or other procedures. By entering into this AGREEMENT,the AGENCY agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a limited scope or project-specific audit of the AGENCY is appropriate,the AGENCY agrees to comply with any additional instructions provided by the DEPARTMENT to the AGENCY regarding such audit. The AGENCY further agrees to comply and cooperate with any inspections,reviews, investigations,or audits deemed necessary by the State Comptroller or Auditor General. b. In the event that the AGENCY expends a total amount of State awards(i.e., State financial assistance provided to the AGENCY to carry out a State project)equal to or in excess of $300,000 in the AGENCY's fiscal year,the AGENCY must have the State single or project- specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Executive Office of the Governor and the Comptroller,and Chapters 10.550 and 10.650,rules of the Auditor General. Paragraph 7 to this AGREEMENT indicates State funds awarded through the DEPARTMENT by this AGREEMENT. In determining the State awards expended in its fiscal year,the AGENCY shall consider all sources of State awards,including State funds received from the DEPARTMENT,except that State awards received by a non-State entity for Federal program matching requirements shall be excluded from consideration. c. In connection with the audit requirements addressed in paragraph 10.c.above,the AGENCY shall ensure that the audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d),Florida Statutes,and Chapters 10.550 and 10.650,Rules of the Auditor General. d. If the AGENCY expends less than$300,000 in State awards in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,is not required. In the event that the AGENCY expends less than$300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from non-State funds(i.e.,the cost of such an audit must be paid from the AGENCY's funds obtained from other than State entities). 3 e. Copies of the financial reporting packages required by paragraph 10 of this AGREEMENT shall be submitted by or on behalf of the AGENCY directly to each of the following: FDOT District Highway Beautification Council Grant Coordinator Michael Schulte,RLA 801 North Broadway Avenue Post Office Box 1249 Bartow,FL 33831 michael.schulte@dot.state.fl.us State of Florida Auditor General Room 401,Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 f. Any reports,management letters,or other information required to be submitted to the DEPARTMENT pursuant to this AGREEMENT shall be submitted timely in accordance with OMB Circular A-133,Section 215.97,Florida Statutes,and Chapters 10.550 and 10.650,Rules of the Auditor General,as applicable. When submitting financial reporting package to the DEPARTMENT for audits,AGENCY should indicate the date that the financial reporting package is delivered to the DEPARTMENT in correspondence accompanying the financial reporting package. 11. The beautification grant awarded pursuant to this AGREEMENT shall be effective and continue for a period of one(1)year from the date of this AGREEMENT. 12. The term of this AGREEMENT commences upon execution. 13. The AGENCY shall indemnify,defend,and hold harmless the DEPARTMENT and all of its officers, agents,and employees from any claim,loss,damage,cost,charge,or expense arising out of any act, error, omission or negligent act by the AGENCY,its agents,or employees,during the performance of the AGREEMENT,except that neither the AGENCY,its agents,nor its employees will be liable pursuant to this paragraph for any claim,loss,damage,cost,charge,or expense arising out of any act,error,omission, or negligent act by the DEPARTMENT or any of its officers,agents,or employees during the performance of the AGREEMENT. 14. When the DEPARTMENT receives a notice of claim for damages that may have been caused by the AGENCY in the performance of services pursuant to this AGREEMENT,the DEPARTMENT will immediately forward the claim to AGENCY,and the DEPARTMENT will evaluate the claim and report their findings to each other within seven working days and will jointly discuss options in defending the claim.After reviewing the claim,the DEPARTMENT will determine whether to require the participation of the AGENCY in the defense of the claim or to require that the AGENCY defend the DEPARTMENT in such claim pursuant to this section. The DEPARTMENT's failure to notify the AGENCY of a claim shall not release the AGENCY from any of the requirements of this section. The DEPARTMENT and the AGENCY will pay their own costs for the evaluation,settlement negotiations,and trial,if any. However,if only one party participates in the defense of the claim at trial,that party is responsible for all costs,but if the verdict determines that there is joint responsibility,the costs and liability for damages will be shared in the same percentage as that judicially established. 15. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are no other AGREEMENTs and understanding,oral or written,with reference to the subject matter hereof that are not merged herein and superseded hereby. 4 16. This AGREEMENT may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 17. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the AGREEMENT and Florida law,the laws of Florida shall prevail. IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed the day and year first above written. City of Okeechobee.FL STATE OF FLORIDA (AGEN DEP TMENT OF TRANSPORTATION By: %i�'�'y James E. • District Secre ary Attest: • A Q. (SEAL) Attest: 41,/i7/ (SEAL) r`.. .. G n t. Executive Secretary 24. - .Legal Approval Jdn R. Cook Lega Appr IPAG4 Al** ..;, Dist Pict Landscape Architect Catalog of State Financial Assistance(CSFA)Number-55003 CSFA Title-Florida Highway Beautification Council Object Code—750003 Category-088850 5 EXHIBIT"A" RESOLUTION BY LOCAL GOVERNMENTAL ENTITY ACCEPTING GRANT, AND AUTHORIZING ITS OFFICERS TO EXECUTE THIS A GREEMENT ON ITS BEHALF 6 RESOLUTION NO. 12-08 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING OKEECHOBEE MAIN STREET TO APPLY AND ACCEPT A HIGHWAY BEAUTIFICATION GRANT,AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PRO VIDING FOR AN EFFECTIVE DATE. WHEREAS, many roadside areas and median strips within the Florida Department of Transportation rights-of-way must be maintained and attractively landscaped; and WHEREAS,the City Council of the City of Okeechobee beautifies and improves various rights-of-way by landscaping within the City of Okeechobee; and WHEREAS,the City Council of the City of Okeechobee wishes to authorize Okeechobee Main Street to apply for a Highway Beautification Council Grant from the Florida Department of Transportation,and if awarded,to accept the grant, and enter into a Highway Beautification Grant, Landscape Construction, and acknowledge the Maintenance Memorandum of Agreement between the City of Okeechobee and the Florida Department of Transportation. 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: SECTION 1. The City Council of the City of Okeechobee hereby authorizes Okeechobee Main Street to apply for a Highway Beautification Council Grant from the Florida Department of Transportation,and if awarded,to accept the grant, and enter into a Highway Beautification Grant, Landscape Construction, and acknowledge the Maintenance Memorandum of Agreement between the City of Okeechobee and the Florida Department of Transportation. SECTION 2. The City Clerk of the City of Okeechobee is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the City Council for the City of Okeechobee. SECTION 3. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session KS 2 ' day of September, 2012. • . AT ST: / James E. Kirk, Mayor • Lan- Gamiotea, C ,City Clerk REWED FOR L - •L S FFICIENCY: John R. Cook, City Attorney Resolution No. 12-08 Page 1 of 1 A\ SEPTEMBER 25,2012-REGULAR MEETING&ANAL BUDGET HEARING-PAGE 3 OF 6 AGENDA COUNCIL ACTION-DISCUSSION-VOTE VII. NEW BUSINESS CONTINUED. B. Consider change to Council Meeting date for October 2012 through Council Member Watford moved to approve the Council Meeting date changes as presented(cancel the October 2, January 2013-City Clerk(Exhibit 2). 2012,November 20,2012,December 18,2012 and January 1,2013 Regular Meetings,and postpone the November 6 Regular Meeting to November 13;seconded by Council Member Williams.Clerk Gamiotea was instructed to schedule the Investiture Ceremony to coordinate with Judge Hendry's schedule, VOTE KIRK-YEA MAXWELL-YEA O'CONNOR-YEA WATFORD•YEA Williams-YEA MOTION CARRIED. ITEM ADDED TO THE AGENDA:C.Motion to adopt proposed Resolution Council Member Watford moved to adopt proposed Resolution No. 12-08 authorizing Okeechobee Main Street No.12-08 supporting Okeechobee Main Street's application for a Florida (OKMS)to apply for and accept a Florida Department of Transportation Highway Beautification Grant;seconded by Department of Transportation Highway Beautification Grant-City Council Member O'Connor. Administrator(Exhibit 2a). Council Member Watford read proposed Resolution No.12-08 by title only as follows:"A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING OKEECHOBEE MAIN STREET TO APPLY AND ACCEPT A HIGHWAY BEAUTIFICATION GRANT,AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION,AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION;PROVIDING FOR AN EFFECTIVE DATE? Mr.John Creasman,Vice President of OKMS,thanked the Mayor and Council for adding the resolution to the agenda at the last minute.They just learned today that the grant application has to be mailed by Thursday.There will be additional items to settle with the City should the grant be awarded,such as a maintenance agreement.Mr.Creasman confirmed the grant will come to OKMS,not the City,and there is no obligation on the City's behalf. VOTE KIRK-YEA MAXWELL-YEA O'CONNOR•YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED. VIII. OPEN FINAL BUDGET PUBLIC HEARING-Mayor. MAYOR KIRK OPENED THE BUDGET FINAL PUBLIC HEARING AT 8:18 P.M. A. Mayor announces that the purpose of this public hearing is to Mayor Kirk announced that the purpose of this public hearing is to consider the final reading of ordinances for the consider the final reading of ordinances for the proposed millage proposed millage rate levy and proposed budget for Fiscal Year 2012-2013, rate levy and proposed budget for Fiscal Year 2012-2013. EXIIBIT "C" LANDSCAPE MAINTENANCE PLAN APPROVED BY DISTRICT LANDSCAPE ARCHITECT 8 r i SEPTEMBER 25,2012-REGULAR MEETING&FINAL BUDGET HEARING•PAGE 3 OF 6 `\\ AGENDA I COUNCIL ACTION-DISCUSSION-VOTE VII. NEW BUSINESS CONTINUED. B. Consider change to Council Meeting date for October 2012 through Council Member Watford moved to approve the Council Meeting date changes as presented(cancel the October 2, January 2013-City Cleft(Exhibit 2). 2012,November 20,2012,December 18,2012 and January 1,2013 Regular Meetings,and postpone the November 6 Regular Meeting to November 13;seconded by Council Member Williams.Clerk Gamiotea was instructed to schedule the Investiture Ceremony to coordinate with Judge Hendry's schedule. VOTE KIRK-YEA MAXWELL-YEA O'CONNOR-YEA WATFORD•YEA WILLIAMS-YEA MOTION CARRIED. ITEM ADDED TO THE AGENDA:C.Motion to adopt proposed Resolution Council Member Watford moved to adopt proposed Resolution No. 12-08 authorizing Okeechobee Main Street No.12-08 supporting Okeechobee Main Street's application for a Florida (OKMS)to apply for and accept a Florida Department of Transportation Highway Beautification Grant;seconded by Department of Transportation Highway Beautification Grant-City Council Member O'Connor. Administrator(Exhibit 2a). I Council Member Watford read proposed Resolution No.12-08 by title only as follows:"A RESOLUTION OF THE CITY. OF OKEECHOBEE, FLORIDA AUTHORIZING OKEECHOBEE MAIN STREET TO APPLY AND ACCEPT A I HIGHWAY BEAUTIFICATION GRANT,AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION,AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION;PROVIDING FOR AN EFFECTIVE DATE" Mr.John Creasman,Vice President of OKMS,thanked the Mayor and Council for adding the resolution to the agenda at the last minute.They just learned today that the grant application has to be mailed by Thursday,There will be additional items to settle with the City should the grant be awarded,such as a maintenance agreement.Mr.Creasman confirmed the grant will come to OKMS,not the City,and there is no obligation on the City's behalf. {{{�{ VOTE KIRK-YEA MAXWELL-YEA O'CONNOR-YEA ( WATFORD•YEA WILLIAMS•YEA MOTION CARRIED. VIII. OPEN FINAL BUDGET PUBLIC HEARING•Mayor. MAYOR KIRK OPENED THE BUDGET FINAL PUBLIC HEARING AT 6;18 P.M. A. Mayor announces that the purpose of this public hearing is to Mayor Kirk announced that the purpose of this public hearing is to consider the final reading of ordinances for the consider the final reading of ordinances for the proposed mitiage proposed millage rate levy and proposed budget for Fiscal Year 2012-2013. rate levy and proposed budget for Fiscal Year 2012-2013. 4 RESOLUTION NO. 12-08 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING OKEECHOBEE MAIN STREET TO APPLY AND ACCEPT A HIGHWAY BEAUTIFICATION GRANT,AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, many roadside areas and median strips within the Florida Department of Transportation rights-of-way must be maintained and attractively landscaped; and WHEREAS, the City Council of the City of Okeechobee beautifies and improves various rights-of-way by landscaping within the City of Okeechobee;and WHEREAS, the City Council of the City of Okeechobee wishes to authorize Okeechobee Main Street to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded,to accept the grant, and enter into a Highway Beautification Grant, Landscape Construction, and acknowledge the Maintenance Memorandum of Agreement between the City of Okeechobee and the Florida Department of Transportation. 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: SECTION 1. The City Council of the City of Okeechobee hereby authorizes Okeechobee Main Street to apply for a Highway Beautification Council Grant from the Florida Department of Transportation,and if awarded,to accept the grant, and enter into a • .` 1 Highway Beautification Grant, Landscape Construction, and acknowledge the u a Maintenance Memorandum of Agreement between the City of Okeechobee and the Florida Department of Transportation. - SECTION 2. The City Clerk of the City of Okeechobee is hereby directed to send copies of this �, f;., ::, °> ' Resolution to the Department of Transportation and all other persons as directed by the City Council for the City of Okeechobee. I'y 'I ui r^1 c, r :i SECTION 3. EFFECTIVE DATE. r ,- '�' "I This resolution shall become effective immediately upon its adoption. r, .;',7- ` ' INTRODUCED AND ADOPTED in regular sessio his 25^ day of September, 2012. PI." c':, 7"i . 'Art. FST: James E. Kirk, Mayor s Lai) Gamiotea;C City Clerk .4 � y RE WED FOR R L AL S FFICIENCY: `- 4. c -, L. John R. Cook, City Attorney ry 'a Resolution No. 12-08 Page 1 of 1 APRIL 2,2013-REGULAR MEETING -PAGE 5 OF 8 47 AGENDA COUNCIL ACTION-DISCUSSION-VOTE VIII. NEW BUSINESS CONTINUED. B. Motion to approve matching funds for a Highway Beautification Council Member O'Connor moved to approve matching funds [in the amount of seventeen thousand dollars Grant-Maureen Burroughs(Exhibit 1). ($17,000.00)]for a Florida Department of Transportation Highway Beautification Grant[to Okeechobee Main Street for medians along North Park Street(State Road 70)and Parrott Avenue(U.S. Highway 441)];seconded by Council Member Maxwell. On September 25, 2012, the City Council adopted Resolution No. 200848 authorizing Okeechobee Main Street to apply for a Fiscal Year 2013 Highway Beautification Grant from the Florida Highway Beautification Council and once awarded,enter into a Highway Beautification Grant for Landscape and Construction,and a Maintenance Agreement. On March 18,2013,OKMS was formally notified their application was awarded(Project No.433726-1)in the amount of$100,000.00,of which$17,000.00 would require matching funds.The next step is to have the City formally approve the matching funds,and can include in-kind services.OKMS has 15 days to notify FDOT of its intention to accept the grant;from that point plans will be submitted for review by both the City and FDOT.The main concern is to make sure the contractors awarded the work understand the services have to be performed and then pay requests submitted after passing inspections.The payments are sent directly from FDOT to the contractor,not OKMS or the City.Administrator Whitehall and Public Works Director Allen have been working with OKMS on this project,there are still many details to work through, and both sides were confident the project would come to fruition. Mrs. Burroughs also reminded the Council that one mechanism to off-set the maintenance costs would be to implement an Adopt a Median Program where businesses, families, or organizations could sponsor a median by paying a set amount to the City each year. In turn they would have a placard type sign with their logo or name as the sponsor. The implementation of this program will be addressed at a later date. VOTE KIRK-YEA MAXWELL-YEA O'CONNOR-YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED. C. Consider Citizen Board Appointments-City Clerk(Exhibit 2). Clerk Gamiotea reported by memorandum in Exhibit Two that notices were published for citizens to apply to serve on City Citizen Boards. To date there have not been any applications received. Three members of the Planning Board/Board of Adjustments/Design Review Board terms sunset April 30,2013,as well as two regular members and one alternate member appointed to the Code Enforcement Board. The alternate member has expressed an interest to be considered for appointment to fill the vacant regular member term due Mrs. Douglas'resignation.All the current members being considered for reappointment have had very good attendance at the meetings held by their respective boards. -Pat C 0 p h �c� t®r tl`�ow DonS 1-kw t-) &ate Exhibit 1 Apr 2, 2013 CITY OF OKEBCHOB]3E ($63) 763-3372. FAX.(863) 763-1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: CITY ADMINISTRATORS OFFICE 55 SE 31u)AVENUE OKEECHOBEE/FLORIDA 34974 NAME: '7I` - - z14-r.) ADDRESS: c E-�'fi� TELEPHONE: 6 97 -3 1 1 0 _ PAX: MEETING: REGULAR SPECIAL ❑ WORKSHOP ❑ DATE: /7L-c)-/ 3 PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CA!X COUNCIL AGENDA, PLEASE STATE WHAT DEPARTMENT(S)YOU HAVE WORKED WITH PLEASE STATE DESIRED ACTION BY THE pITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF A PRESENTATION IS TO BE MADE/PLEASE LIMIT THE TIME TO TEN MINUTES UNLESS OTHERWISE APPROVED BY THE MAYOR SIGNED BY: laAA-4.-UAL DATE: 6-0/`/ 3 '1114104 �ti •U. Florida Department of Transportation RICK SCOTT 605 Suwannee Street ANANTH PRASAD,P.E. GOVERNOR Tallahassee,FL 32399-0450. SECRETARY March 18, 2013 Maureen Burroughs Okeechobee Main Street 55 South Parrott Avenue Okeechobee, FL 34974 Dear Ms. Burroughs: It is my pleasure to inform you that your application for a Fiscal Year 2013 Highway Beautification Grant has been selected by the Florida Highway Beautification Council to receive a Grant for your project along SR15/SR700, US98/US441. This Grant (Financial Project Number 433726-1), in the amount of $100,000.00, with your $17,000 match, can be used only for the costs allowed by Section 339.2405(11), Florida Statutes. If you intend to accept the Grant Award, and terms described herein, please relay your intentions within 15 days from the receipt date of this letter. Send your reply, by certified mail, to Michael Schulte, District One Grant Coordinator, Florida Department of Transportation, - District One Office, P.O. Box 1249, 801 North Broadway, Bartow, Florida 32831-1249. After receiving your certified letter of acceptance, Michael will be available to advise you as you prepare landscape plans for review and approval by the department. The plans must be consistent with the concept endorsed by the Florida Highway Beautification Council. There is no commitment of funds for the grant project until the Notice to Proceed is issued. Expenditures for work prior to the Notice to Proceed are not reimbursable. Funds will be released by the Department as required by Rule 14-40.023, Florida Administrative Code. All plans must be complete, and required agreements must be executed within one year from date of this award letter. Before June 30, 2014, it is expected that the project will be constructed as per plans approved by the Department, there is written final acceptance by the Department, and receipts for grant expenses are reviewed and approved by the Department. Congratulations. on your award, and thank you for your interest and help in making Florida a more beautiful place to live and visit. Sincerely, - / itttuts2. /o' Ananth Pra ad, P.E. Secretary AP:jc cc: Marion Hilliard Billy Hattaway Sharon Hedrick Michael Schulte Jeff Caster City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhitehall(alcityofokeechobee.com tn * * * * *Memorandum * * * * * ^* jh 02. // 3-- -pou 5c<ppikROAM Date: for April 2, 2013 .(\co j 0 1E4 t2 f TO: Councilman O'Co r T... L-X ( FR: Admin Whiteha RE: Highway Maintena ce mowing) About our conversation on the contract for mowing the medians 1. The existing mowing contract for all the Flagler parks, City Hall Park, the Chamber, and the medians on 441/70 is $18,759. 2. FDOT reimburses the City for mowing/trash pickup, edging, the 441/70 medians in the amount of$10,542 (2012). The reimbursement in 2011 was $21,003, but the State unilaterally reduced it. 3. You can therefore make an argument, based on the stats, that the 441/70 medians cost the City about $10,000/year based on FDOT's numbers and as a percent of the contract we have w/ Quality Lawn care. 4. The State will not reimburse landscaping costs. City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhitehall(,,cityofokeechobee.com - * * * * *Memorandum * * * * * to L ) 3 0 c� b A P���a Date: for April 2, 2013 �t,`��1��Yt- uLFC�1 TO: Mayor & City Cou cil `� `� -M-�m FR: Admin Whitehall RE: Main Street Beautificatio Grant application Attached please find an abbreviated version of the grant application that Main Street submitted. For reduction purposes I removed several pages that were simply a conceptual design duplication knowing that you would more or less understand the concept without copying ever block picture. If you have questions, please do not hesitate to call. fs yak *- • • vax } 7 0~11 -, • • [.-TigL_wa 441 beautification cx ra:1:1 t: . Rule 14-40,F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 650-050-10 FLORIDA HIGHWAY BEAUTIFICATION COUNCIL ENVIRONMENTAL MANAGEMENT 01/04 GRANT APPLICATION Page 1 of 4 General Instructions: Statutory requirements for the Florida Highway Beautification Council Grant Program are found in Section 339.2405, Florida Statutes. Within Rule Chapter 14-40, Florida Administrative Code, are sections dealing with the grant application process, grant award process, and funding, construction, and maintenance of beautification projects. These documents can be reviewed on Florida's Highway Beautification Programs website, http://www.dot.state.fl.us/emo. Please complete all items in this application. All attached pages must be typed on 8 1/2 by 11 inch pages. Attached sketches, photographs, conceptual plans, and maps must be on sheets no larger than 24 x 36 inches. Any document larger than 8 1/2 x 11 inches must be folded. Rolled documents will not be forwarded to the Florida Highway Beautification Council. To be eligible for a grant, ten copies of the completed application form and supporting documents must be received by the Grant Coordinator by the end of business on October 1. Late or incomplete applications will not be accepted. Please maintain a file with at least one copy, with original signatures, of all documents. Questions should be directed to the Grant Coordinator. A Directory of Grant Coordinators is posted on the program website. APPLICANT INFORMATION: Applicant Name: Okeechobee Main Street Contact Name: Maureen Burroughs Position or Title: President Address: 55 South Parrott Avenue, Okeechobee, Florida 34974 Phone#: (863)357-6246 E-Mail Address: okms2009 @embargmail.com Federal Employer Identification(F.E.I.)Number of Applicant: 65-0887929 Participating Organization(s): Okeechobee Main Street, City of Okeechobee, Tree Locators, Bowline Construction, American Drilling Services, Boy Scouts of America, Okeechobee County Extension Office This application is for a grant in which fiscal year? (i.e., 2004-05) 2013-2014 PROJECT INFORMATION: Should be provided with the following supporting documents: 1. location map 2. photographs of existing conditions 3. one page written project narrative 4. written or graphic conceptual plan(in accordance with Rule Chapter 14-40 Part I) 5. one paragraph description of each evaluation attribute 6. photographs or sketches of examples of proposed improvements 7. list of proposed plant species(scientific and botanical names) and anticipated quantities 8. anticipated maintenance schedule 9. proposed means of providing supplemental water 10. project schedule 11. required resolutions Rule 14-40,F A C 650-050-10 ENVIRONMENTAL MANAGEMENT 01104 Page 2 of 4 The following information is for use by the Council to score and rank the grant applications. County: City: U.S. /S.R. #: Local Name: Length of Project: - (Miles or Feet) From: (Must indicate mileposts and visible landmarks, i.e. intersections) To: (Must indicate mileposts and visible landmarks, i.e. intersections) Summary of Eligible Grant Project Costs (to be paid for by the Grant): Sprinkler/irrigation system (purchase/install) $ 15,000.00 Plant materials, fertilizer, soil amendments $ 140,000.00 Labor for installation of the plantings $ 37,480.00 ESTIMATED TOTAL ELIGIBLE GRANT COSTS: $ 192,480.00 Summary of Applicant Matching Project Costs (Local Government Share, not including continuing maintenance): Design fee(max 10%Total Project Cost) $ 6,000.00 Plant materials $ Water(trucked or irrigation system) $ 3,000.00 Labor for installation (include estimate of volunteer labor costs) $ 8,000.00 Establishment period costs(labor etc.) $ Other(identify) $ ESTIMATED TOTAL APPLICANT MATCHING COSTS: $ 17,000.00 ESTIMATED TOTAL PROJECT COST: $ 209,480.00 ANNUAL MAINTENANCE: The following information is requested primarily for use by the applicant. The Florida Highway Beautification Council will review the data and compare it to the project conceptual plans in order to recommend funding for low maintenance projects. SUMMARY OF APPLICANTS ANTICIPATED/ANNUAL MAINTENANCE COSTS: Water $ 5,600.00 Sprinkler/irrigation System $ 8,000.00 Landscaped Areas $ 4,000.00 Safety $ 3,500.00 ESTIMATED TOTAL ANNUAL MAINTENANCE COST: $ 21,100.00 Rule 14-40,F.A C. 650-050-10 ENVIRONMENTAL MANAGEMENT 01/04 Page 3 of 4 APPLICANT ASSURANCES; The person preparing this Application should initial each of the following to indicate that the Application is complete. If Applicant is a local Highway Beautification Council, evidence of local government approval of this application is attached. (Resolution#1) The local governing body agrees to execute necessary agreements that will include the details of the responsibilities of both the Department and the local government appropriate to this project if a grant is awarded. (Resolution #2) The Application is being transmitted to the District Highway Beautification Council Grant Coordinator having jurisdiction over the state highway on which the beautification project is proposed. All supporting documents are attached. The project will meet all the Department of Transportation requirements for safety pursuant to Rule 14-40.003, as related to the placement of plant materials within the right-of-way, line of sight obstructions, and sight distance. The local governing body understands the attributes to be used by the Highway Beautification Council to prioritize all projects (listed in the last section of this form), and has addressed each attribute to the maximum extent possible. The undersigned, hereby certifies that all requirements of the grant program are understood, and that all information provided with this grant application is true and correct, and represents the desires of the local government entity where the project will be installed. Signature: Date: Title: END OF APPLICANT SECTION • Rule 14-40,F A.C. 650-050-10 ENVIRONMENTAL MANAGEMENT 01/04 Page 4 of 4 This section to be completed by FDOT District Highway Beautification Council Grant Coordinator Has this applicant been the recipient of previous grants from the Florida Highway Beautification Council? Yes No If Yes, have previous grant projects been maintained according to terms of agreements? Yes No • If Yes, the applicant is eligible to submit the grant application. Comments: The Grant Coordinator verifies that the application was received from an eligible applicant on or before the October 1 application deadline, and that the application meets all of the requirements of Rule 14-40.020, Florida Administrative Code. Signature of Grant Coordinator Date By November 1, the Grant Coordinator shall send to the State Transportation Landscape Architect, via interoffice mail, eight copies of each application. • This section to be completed by each member of Florida Highway Beautification Council Each of the attributes listed below can earn up to Ten points. The application can earn up to 100 total points. Score Attribute 1. Aesthetic value and imaginative concept 2. Level of local support and community involvement 3. Cost effectiveness 4. Feasibility of installation and maintenance 5. Contribution to improvement of environmental conditions, including litter prevention, erosion control, visual screening, and noise abatement 6. Use of Florida native wildflowers, and diversity of other desirable native, hybrid native, or noninvasive plant species 7. Emphasis on low maintenance and water conservation 8. Use of recycled materials such as mulch, reuse water, or solid yard waste compost 9. Contribution to an area wide•or regional beautification plan 10. Value to the community Total Score '''.441',L" Mi a i' . C, `� 'NM t t 0 `""'!4 t14 - �! � t a*iRIF � 4 ""R `. • �' 4';."4-10*,� Y yral' •p e 4 .4, x r f * R 1. r '4 ,t # * ; ,^•. - bit f it t t il " , . _..-- , '. " ..may ..01P444,1•0.y w "" • ca y w • s. F " k+,b y f a, a s ► ° . 2 a- a. $ 141:•• rt 'i t N t i� r. .. ,� I " - ,1. " �'`�'••+n �• yam, "� x'- a.i';�a«•.,i i* •`'• a» '� !F,I'^+-i F"` `.# �2`s m�,� , ... + a ±t *. w ... 3* . t ','h., t d ... +rye !r y ��+s td, 4‘, ; 1 44 Vii * ¢ •y ;+ .��: x � } T`l r } fir, A ,,,;,4,i.• � a- .' £.. :! ✓ ... a f y a+ . # :Yg.'� tin •''Ik .� .^'�.. -'" ' r t Lr nr. f* r. `v ;. ; x i 4 .Y +E : r f 7 i g'*.i." 'Y, d i*, 7<s. j "`'� of •• • l Goo ';O gte earth mile � ,i. 1 A 1 r ,,,in apd 4 a . .. -,r4.-- -14.44"....",--c•-•-•.---- • •.� r i 4w . �,.,� �, '" * , a►wi ''!llp�► s nk f, i lityl • �� ! y _Ili • '2 .y a ¢ x y�t M • A aA n Taw .._. .. ... .. w, . fit . I 1 s . i S h M� t ,.--:� f x -' '' .. k in s f 4 4. i . s a I .. ,- ' . , • '' tir 4 `. .a - earth meters 1000 500 Headng South H , eadtng North .4 . ... lei'.116 . ,. L,r, . .... _ ... ... • L — , tft' ' ' 0 •,.„ - . ' • •'"+-' , 14 '4:7 ,r.... _ . . .. .. .. ..:. _ . _ p - , ' i..' . :.4,1 /. •i .,-;/' -.....ii---- i ' ' ' - - .. -'1` Lt. -.. ,,,,,,:c...1- ,6*•, ''' i - -4 .,.,•0, - . -----rs I . • \.k. _. . ... — . s. • 4. 3, a - , - „ ...- .Z ' • ' - : k• ' 1 ' Z' , •f• I, , i ._ .. 44, '• n,„.' ---------- 1 ' 1 . Median 441S-1 • i • Very small grass area outlined with brick pavers I , • Curbed I a . L . 1 . AS• MVO.111, 1 r ' I i • ft 1 i . '., :r 1 I I , 4 . „ - 4 . 1. it . 4. , 4, ,,._.'; .,, ' Heaalri,g .,i, •,,,,, ,;,;:-.4-5'-k0' ,4.fleo,,,,,,, ,,,,- , 0,,ir_:4,-,, ,1 \-,_,,,.,,,,,,,...:,:- ..--t.7,,,..,...n....,..„:, ,:;, ,,, ,,,...„.•. A 0'po i-, -A' . . I ... .. —. ', 1 '', ' - -'__:-- ' 1,* • . , - • • A, . . ,-. 4, -. -- '... lik• .:, .-; ...... ...,..,- allitt- '''''' 1 Sat-1th -N7-4:41 , . • 0',4A ' - : . . . 111111.r.„, -, , • -,.:-•'. .. i - ,. . .- :• . ..„ . ali, rig ti e a—1 - .---- '.-,-'-'''.,-:','::',-;-::::::::: to,441':34i.-..A;: ,.,.,.,. - : . . _.:.; 8 ,' '''t- - .. •- , .. __ '1, : ' A! ZAS ,, '.., ' • - - .. ....., ' ,. - '.:.';.' .'''''',,-*'''''''-' 7,:r.,agr-4,3,7'1'.0,t„.,r.,,' i ' —c:- ' -' , • —.. .;. , . . „ „,... I 9 FWD''"-- ''''',=''4.,.-zi4filti,'Vk t.',. ''':-.--.44 k,;;.,4,,,,,v.. .,,,.„ vr. i: .,,-. , . ,_. , :• ._. ,. : ,, , ,.; ,:t,'; . _ i• t... 'f - ' - • <- . . * _,4- r '-'' 1 U. *' ..__ _ -• - •- . -'. '•, A n•_, , -. .'',, t.,47.144..,f;::::, „. , -;;',.:.: ;‘, , •; -ii, 74' ; , i .„.. . --- '----;„-.-; - ,-,-.--, !:-; .: .--- ' • . ,,,:,/ ,,,,,,' . .,.._ ,. ...----------- :A' t , •-,„ 4 ..4,•"1,,,-,,, V - 1 r.','r. • . '4 ' ••* -. -, , v zerl '',.,41.''',..4Wie';',"1/4".;,4'60:44,"":;:i•kAlk; "-, ,..,..i.- . ' 1 . ..4zer—fircir, - •,:%44:'',Ng4likik"-...'it.:4:41-4,,A,,, ,'.; ter kik,,,--_,', riv 11!111.111 - 4 laRttlf,1--: . . q,„--iziigOrt:vet 6,,:i.,,',i;1,:.-.,... -,:-;,,A- ..0 A.91,,n-,,-.J,:,:::474.viA'af ,.. -• ,... . .:e:,,,,,,..i.r4a,41.-%01-,.r:-_,.:,,•-,,,,,,,,loAr-o 01 ut.,f-,.,..s4 ,,,,,,,,:_ v,_..-,-,-,:,,,-,''' ILI.'.:f.,4te..w. ...,-_:..'-' ;%.,:.4--,„ _.!,,,ip;4•14.44-ifx,--vi,,,,,,-.16,e,-,,,,,'; --, 4 , , • Okeechobee, Florida is a rural city centrally located on the north side of Lake Okeechobee at the crossroads of Highway 441 and State Road 70. Okeechobee is rich with tourist opportunities, including scheduled annual activities & events, 4 boat ramps, and a fishing pier. However, we are lacking in visual appeal. The country has been designated as a Rural County of Economic Concern (RCEC) and we are in an Enterprise Zone. From the center of the City of Okeechobee, heading south to 21st Street, are a series of sodded medians. Highway 441(Parrott Avenue) is highly utilized and serves much of the commercial area in the City. It is also the main thoroughfare into the City from the lake area. The sodded medians reflect a dull, unappealing rural community. Their barren appearance does not validate the rich history or culture from which Okeechobee has grown. Some of the medians have a few dismal looking crepe myrtles which subsequently die-back in the winter months at the height of our tourist season. They rarely look healthy, even in the summer months. There is very little water supply to our existing medians and attempts to upgrade the medians have been thwarted by this situation. Okeechobee Main Street, in conjunction with our partners in the City, propose to bring life and a sense of old Florida back to the City by landscaping and maintaining this series of medians. Our goal is to xeriscape using various native Florida plants and trees which will thrive and remain green throughout the seasons. Utilizing appropriate landscaping materials, we plan to add a splash of color as well. This conversion from concrete and grass to lush Florida greenery will help transform the downtown into an oasis in the center of the state as it was originally intended to be. This makeover will complement the Okeechobee Main Street Mural Program, work in conjunction with our City Signage Project and encourage people to come into the peace of the country from our outlying cities on the coasts. To accomplish this task we have brought together a committee of individuals whose expertise is in this general area, including a landscape expert and contractor. We have garnered support from the City of Okeechobee, various local businesses, key individuals and several civic organizations. Through our partnerships we will generate the labor needed to prepare the area and sow the plants. In our proposal, the project will utilize the same plants and landscaping materials in each median to maintain continuity thoughout the City. We intend to amplify the true beauty of Okeechobee and remain true to the culture, using only native plants that flourish in this area under our specific conditions. The local Okeechobee population doubles during tourist season as we are home to the second largest fresh water lake in the country. We were recently honored with the Bassmasters Elite Tournament, bringing national recognition to the City by ESPN, and we also regularly host other significant fishing competitions. The City supports these efforts, coming in ninth in a recent National Competition for Best Small Fishing Town sponsored by the World Fishing Network. Lake Okeechobee also recently placed second in Bassmaster Magazine's 2012 Best Bass Lakes in the United States. With all of this potential, we would like our City to attract tourists into the business district as well. We believe improvements to our medians would help us achieve this goal, improve the quality of life for our residents, increase local business opportunities and strengthen our economy through tourism. icillvvav 70 ••. KPA I _ I ^ ' . a AM"-• '77..4111. irtSCa 'tataWea,,- ‘41i1 - ,f•• -i44.44%,V4rP4,'"A' , •^1,r •- • 1- 100,1'Kt"."'" , -' k 1'11 • , ■ nr• /11 P • „ • (//1,, 111' ' • '7;4• dlY ' • •'•• ••.' •• t Median 4413-1 • --Very small grass area *cabal Palm outlined with brick pavers, --Curbed Saw Palmetto Fakahatchee Grass - MUh lv Grass ` feet 9..l H . • s„I,' Sign D j '2'-:. Z r 'i°Y s a Median 441S-2 -Curbed - Saba, Pal �,,. �.. : -35 mph son in cehrek, 1' w n, -Markers ,:-..*V �, Saw Palmet-ro F - '' `"" , Fakahatchee Grass Munly Grass ! i 1 4'v {E i' M°' e'°;" k([ EVALUATION ATTRIBUTES Asthetic value and imaginative concept- Okeechobee Main Street has opted to keep our plan simple and elegant, while adding color and texture to our otherwise grey and drab street system. We have blended grassy and leafy plants with trees, which will also bring about a variation in heights. Level of local support and community involvement- The Board and members of Okeechobee Main Street have partnered with the City of Okeechobee, the Okeechobee Utility Authority, the Economic Council, and the Chamber of Commerce of Okeechobee County, as well as local contractors and business owners to develop beautification and maintenance plans for our medians, to include our side street medians as well. Our community is invested in our Main Street beautification projects and look forward to improvements in our city. Cost effectiveness- We have established partnerships with related businesses and organizations allowing us to keep costs at a minimum as well as ensuring the continued care of our medians. Plants and trees can be purchased at or just above cost and services will be donated or provided with minimal fees. We have chosen a plan needing nominal care, while retaining its natural beauty and health. Feasibility of installation and maintenance- Our medians are located on Highway 441 through the center of the city. During the installation process at least one lane of the highway would need to be closed in each direction for a short period of time. We have individuals who are Maintenance of Traffic (MOT) certified and able to assist with traffic control during these periods. Maintenance has been kept to a minimum using Florida native plants and water at the site. Pruning will be planned when conditions are least intrusive. Contribution to improvement of environmental conditions, including litter prevention, erosion control, visual screening and noise abatement- Our medians currently separate the north/south, east/west bound traffic on our state highways. The installation of plants and trees will not only be aethetically pleasing, but will also provide a barrier against traffic noise. Landscaping in the City enriches the environment and creates a welcoming atmosphere. Use of Florida native wildflowers, and diversity of other desirable native, hybrid native, or noninvasive plant species- The plan for our medians utilizes Florida native plants and trees, with xeroscaping to reduce the need for excessive water and maintenance. Emphasis on low maintenance and water conservation- Our organization has chosen Florida native plants and trees that will require little maintenance and water once they have been planted and have an established root system. Water will be provided, as needed by the use of a timer which will be adjusted seasonally to provide an adequate amount of water, but not more than required. Water will be provided to medians, without access to water or electric via a water truck. Use of recycled materials such as mulch, reuse water, or solid yard waste disposal- Our local landfill has undertaken a compost project, utilizing organic waste products to develop a nutrient-enriched supplement for soil. This facility is processing yard, food and clean demolition wood waste from South Florida residents and businesses to create value added soil amendments. We have begun efforts to partner with Waste Management to access this supplement. Contribution to an area wide or regional beautification plan- This project is one leg of our plans to beautify our medians; we also have plans for improvements to our side street medians. In addition to this, our highway medians are only one piece of our overall beautification plan for Okeechobee. Okeechobee Main Street sponsors a mural program for the city and recently unveiled our fourth mural. Our fifth mural is in process, with discussion occurring over a sixth. We have completed one city entrance sign and have received approval and matching funds from the city for the second sign, which is now in process. Okeechobee Main Street developed a butterfly garden in the city park system, purchased way-finding signs and hung banners throughout the city. Value to the community- A missing link for Okeechobee is the warmth and welcoming feeling as visitors enter the community. Beautification of our medians is a key element and would assist the community in luring in tourists and eventually, additional small businesses. We believe that people are drawn to an area that is visually pleasing and will stay longer, creating additional revenue for our downtown. -?--,S"..;:‘,.;,"4"4,•'. ,„:',4;3,4W , ' • '1;1;2. ",)L-'1''''''':' . .i;,..:=:';':',':--li.:. ,:i.-:1; '''`4 r , . .„,...._-.-- - , .:. . ,..,, . ;,,,.. . 4,..._ _. _ i ..../ 3.,.'''..:*. I _ ' • • ' —---•- „•-,. . _ , .. ,. _......, , ,..,. 4 3 433., „4*3 . . ..- .. -4. ... • ... 4- ..111::, „.., . ,.....,......._,.._.____, ...,..._ ,... A;t_. .,...-„t '. 4 _ . t , , • - ,.... . - .. ,...,-, ' , „: . ..:. ----.4,....,- -..04w,-,:.,:.,,,ctt-4•,,, , :.0,..!,;t4:Ar...;.-..,-,,,,,,,..,..,,,,,,. ,4_... -.. _,_ ,,,,,:'t-,. ,. . ,.,,-,,,,.4:,.,„:. .-...„„. .. *It="--*Alzr.:.,;;--,:2-,...:4,,,i;: .-.-,-', ,4 ;,•`i,..103,,0*3.:,,',"„"'„,',..'",'-•:.:.'''.;--- .1-;••-,•, ''..- .4• ' " ' , '''-', •"''''-''''''''''''.,;.:•,4'...,4‘.,-;..":!!otitirt.-,,,,'•;,-,k,',.-.4,.,••::-,''•,.".'1:„:,,'.4,..4."1,,F,411,7:7144.,,,,,''''•44,f,j,.-'•!''',"'-'''''!'''''.:,".N1,.?"'"15-41f14*.k*,i1A-:;,.'41':'„•,-,',"''%-i',."':"."',4-.4-;,1,•;',-:.-,;-,,. , . , •• •'- ,-' -•'-',--, "r.:-..;',•,4-'-•44--v.•;,;'''".".'"V.14:','''-','Z'!•4'...-lq‘''.'''''', -'''."":','" :' " '"--"-',.'•2".,- '-, 4......":"' .--;:....":„.. .-tif,:,,,t41%,--''.1,7--4V, '-, 1:- .. -fr....., . . , .. . . . , . , Amst Refld ering After- .. - - -- ., .....,- Median 441S-7 4 1°. 1 -- 4F''''' .•-' .,,,,.' - ' . '44' -. ,'-';e:1. v,,,v,-,,.....',',":4- 1,,'. '-. ' . 7th and 8th Street _.. . , . . .. . .....• .._,.. . . :. _, .. .. . ,,. ,..„.... „,—4—, ' ' , - ,,,00,,t0";; ;",:,,,44*-4:042t.''.■,--.:-.,,''' ' Si''''!{'?;:iikii7..;&• '`.::::''''',":;!•.—' ' '''',.?;3..'-'!-....":i'% Before . ... . .- , . .. ., PLANT SPECIES ,,,÷y/ v- / 1 Sabal Palm Sabal Palmetto Arecacae • 135 $ 200.00 $ 27,000.00 2 Muhly Grass Muhlenbergia capillaris Gramineae 138 $ 50.00 $ 6,900.00 3 Fakahatchee; Eastern Gama Grass Tripsacum dactyloides Gramineae 826 $ 50.00 $ 41,300.00 4 Saw Palmetto Serenoa repens. Arecacea/Palmae 348 $ 60.00 $ 20,880.00 I I $ 96,080.00 ANTICIPATED MAINTENANCE SCHEDULE Florida native plants have been chosen based on their size, hardiness and ability to withstand drought and flooding. Our designs are based on a xeroscape plan requiring no additional water after the trees and plants have established themselves with a viable root system. Phase 1: During the initial planting and for the first three months, plants will be watered daily or as permitted by the South Florida Water Management District. Phase 2: This water schedule will be slowly cut back after the first three months, after the plants have established a viable root system and depending on rain water in the summer months. In the fall and winter plants will be dormant and need less attention. Phase 3: Pruning and fertilizating will be done annually or on an as-needed basis depending on visual inspection. The City of Okeechobee currently has a contract to keep the grass in the medians cut. They will keep that contract so that the grass between the plants and trees will be maintained adequately. PROPOSED MEANS OF PROVIDING SUPPLEMENTAL WATER Temporary drip systems will be installed. Water will be provided through the use of a water truck. PROJECT SCHEDULE EVENT DATE Excavate existing plants 4-1-13 Test soil 4-1-13 Prepare the sites by removing contaminates, litter, rocks, debris 5-1 -13 Secure soil amendments from Waste Management 7-15-13 Purchase plants, trees and additional soil 7-31-13 Submit paperwork to FDOT for lane closing 7-31 -13 Prepare the temporary drip system for water 7-31-13 Schedule water truck 7-31 -13 Schedule MOT certified workers to assist with traffic 7-31-13 Prepare for installation of plants and trees 8-31-13 Make arrangements with Waste Management for the delivery of soil 8-31 -13 amendments Prepare the soil 8-31-13 Install trees and secure 9-1 through 9-30 Install plants 9-1 through 9-30 Ensure that water is provided adequately on a daily basis 9-30-13 After approximately three months, or based on weather conditions, 12-30-13 cut back watering Fertilize as recommended or annually On-going Water as needed due to weather conditions On-going Inspect weekly to ensure plants are getting adequate water and On-going continue to appear healthy Inspect monthly or as needed for removal of debris On-going Inspect annually for disease On-going Replace unhealthy plants as required and ensure plants continue to On-going meet requirements extablished by FDOT Page 1 Sck.ppL.h L ( f+ Fin LexisNexis® t-x q-2-f3Qccwick, I of 1 DOCUMENT FLORIDA ADMINISTRATIVE CODE Copyright©2013. State of Florida,Department of State. All Rights Reserved. *** This document reflects changes received by the FL Secretary of State through February 28,2013 TITLE 14 DEPARTMENT OF TRANSPORTATION DIVISION 14 DEPARTMENTAL CHAPTER 14-40 HIGHWAY BEAUTIFICATION AND LANDSCAPE MANAGEMENT PART II FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANTS 14-40.023, F.A.C. 14-40.023 Funding, Construction, and Maintenance of Beautification Projects. (1)Award of Grants. (a)The Secretary will award grants in the order they appear on the Council's prioritized list and in accordance with available funding. Each grant will be limited to a maximum of 10%of the total Department's beautification grants budget. (b)Official notice of each grant award will be made by the Department by certified mail to the applicant named in the grant application. (c)To accept a grant,an applicant must send a letter of acceptance by certified mail to the Grant Coordinator within 15 days from the date of receipt of the offer of the award. (d)Funds will be released by the Department when agreements are executed,the project is constructed as per plans approved by the Department(see Part I of this Rule Chapter),there is written final acceptance by the Department,and receipts for grant expenses are reviewed and approved by the Department. (e)All funding of grants is contingent upon legislative appropriations. (2)Execution of Agreements. (a)Agreements associated with the grant must be executed within one year from date of the letter of acceptance, and meet the requirements of paragraph 14-40.003(3)(c),F.A.C.Failure to execute the required agreements will result in the grant award being withdrawn.Future grant applications from an applicant who fails to comply with this subsec- tion will not be accepted for a period of two fiscal years. (b)The agreement(s)between the applicant and the Department must state: 1.The intended use of the grant,as described in the grant application. 2.The payment terms for the grant(e.g., lump sum reimbursement or progress payments for long term work). 3. Any actions which the Department will take in the event of noncompliance by the applicant. 4.The methods to be used by the Department to determine compliance with the terms of the agreement. (c)The individual(s)who sign the agreements on behalf of the grant applicant,or the grant applicant's designee, shall certify that the project is implemented as specified in the agreements,and shall provide a certification of comple- tion before the final invoices are submitted for the project. Page 2 14-40.023, F.A.C. AUTHORITY: Rulemaking Authority 339.2405 FS. Law Implemented 339.2405 FS. HISTORY New 3-20-03,Amended 8-10-03, 12-24-08. NOTES: LexisNexis 50 State Surveys,Legislation &Regulations Highways Page 1 ern 614 al Y- -z— i3 1 of 1 DOCUMENT ( cp( LexisNexis(R)Florida Annotated Statutes Copyright(c)2013 by Matthew Bender_&Company,Inc.a member of the LexisNexis Group. All rights reserved. *** Statutes and Constitution are updated through the 2012 Regular Session and 2012 Special Session B. *** Annotations are current through February 14,2013 *** TITLE 26. PUBLIC TRANSPORTATION(Chs. 334-349) CHAPTER 339. TRANSPORTATION FINANCE AND PLANNING GO TO FLORIDA STATUTES ARCHIVE DIRECTORY Fla. Stat. §339.2405(2012) § 339.2405. Florida Highway Beautification Council (1)There is created within the Department of Transportation the Florida Highway Beautification Council.It shall consist of seven members appointed by the Governor.All appointed members must be residents of this state.One member must be a licensed landscape architect,one member must be a representative of the Florida Federation of Gar- den Clubs,Inc.,one member must be a representative of the Florida Nurserymen and Growers Association,one member must be a representative of the department as designated by the head of the department,one member must be a repre- sentative of the Department of Agriculture and Consumer Services,and two members must be private citizens. The members of the council shall serve at the pleasure of the Governor. (2)Each chair shall be selected by the council members and shall serve a 2-year term. (3)The council shall meet no less than semiannually at the call of the chair or, in the chair's absence or incapacity, at the call of the head of the department. Four members shall constitute a quorum for the purpose of exercising all of the powers of the council.A vote of the majority of the members present shall be sufficient for all actions of the council. (4)The council members shall serve without pay but shall be entitled to per diem and travel expenses pursuant to s. 112.061. (5)A member of the council may not participate in any discussion or decision to recommend grants to any qualified local government with which the member is associated as a member of the governing body or as an employee or with which the member has entered into a contractual arrangement. (6)The council may prescribe,amend,and repeal bylaws governing the manner in which the business of the coun- cil is conducted. (7)(a)The duties of the council shall be to: 1.Provide information to local governments and local highway beautification councils regarding the state highway beautification grants program. 2.Accept grant requests from local governments. 3.Review grant requests for compliance with council rules. 4.Establish rules for evaluating and prioritizing the grant requests.The rules must include,but are not limited to,an examination of each grant's aesthetic value,cost-effectiveness,level of local support,feasibility of installation and V Page 2 Fla. Stat. § 339.2405 maintenance,and compliance with state and federal regulations.Rules adopted by the council which it uses to evaluate grant applications must take into consideration the contributions made by the highway beautification project in prevent- ing litter. 5.Maintain a prioritized list of approved grant requests.The list must include recommended funding levels for each request and, if staged implementation is appropriate,funding requirements for each stage shall be provided. 6.Assess the feasibility of planting and maintaining indigenous wildflowers and plants, instead of sod groundcovers,along the rights-of-way of state roads and highways.In making such assessment,the council shall utilize data from other states which include indigenous wildflower and plant species in their highway vegetative management systems. (b)The council may, at the request of the head of the department,review and make recommendations on any other highway beautification matters relating to the State Highway System. (8)The head of the department shall provide from existing personnel such staff support services to the council as are necessary to enable the council to fulfill its duties and responsibilities. (9)Local highway beautification councils may be created by local governmental entities or by the Legislature.Prior to being submitted to the council, a grant request must be approved by the local government or governments of the area in which the project is located. (10)The head of the department,after receiving recommendations from the council, shall award grants to local governmental entities that have submitted grant requests for beautification of roads on the State Highway System and which requests are on the council's approved list. The grants shall be awarded in the order they appear on the council's prioritized list and in accordance with available funding. (11)State highway beautification grants may be requested only for projects to beautify through landscaping roads on the State Highway System.The grant request shall identify all costs associated with the project, including sprinkler systems,plant materials,equipment, and labor.A grant shall provide for the costs of purchase and installation of a sprinkler system,the cost of plant materials and fertilizer,and may provide for the costs for labor associated with the installation of the plantings. Each local government that receives a grant shall be responsible for any costs for water,for the maintenance of the sprinkler system, for the maintenance of the landscaped areas in accordance with a maintenance agreement with the department,and,except as otherwise provided in the grant,for any costs for labor associated with the installation of the plantings.The department may provide,by contract, services to maintain such landscaping at a level not to exceed the cost of routine maintenance of an equivalent unlandscaped area. (12)The council shall annually submit to the head of the Department of Transportation a proposal recommending the level of grant funding. HISTORY: SS. 3,4, 5,ch. 87-131;s.4,ch. 88-303;s. 7,ch. 89-301; s.42,ch. 91-221;s. 5,ch.91-429; s. 38, ch. 93-207;s. 503,ch.95-148; s. 19, ch. 99-5;s. 104,ch. 99-385; s.49,ch.2002-1. NOTES: FLORIDA STATUTES REFERENCES Chapter 403.Environmental Control,F.S. §403.4131. Litter control. Chapter 403.Environmental Control,F.S. §403.41315. Comprehensive illegal dumping, litter,and marine debris control and prevention. FLORIDA ADMINISTRATIVE CODE REFERENCES Chapter 14-40 Highway Beautification and Landscape Management,F.A.C. 14-40.020 Grant Application Process. LexisNexis(R)Notes: LAW REVIEWS Page 3 Fla. Stat. § 339.2405 1.The 1993 Amendments to Florida's Solid Waste Management Act: The Continuing Search For Solutions,Brian H. Bibeau,Kristin M.Conroy,Thomas M.Derose,&William D. Preston,Fall 1993,21 Fla. St. U.L. Rev. 529.