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2013-11-05
CITY OF OKEECHOBEE NOVEMBER 5, 2013 REGULAR CITY COUNCIL MEETING 55 SE 3 RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION AGENDA 1. CALL TO ORDER - Mayor. November 5, 2013, Regular City Council Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Rev. Cary McKee, More to Life Ministries; Pledge of Allegiance led by Mayor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Mike O'Connor Council Member Devin Maxwell Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim November 5, 2013 as "Patrick Smith's Florida, A Land Remembered Day. " PAGE 1 OF 11 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the November 5, 2013, Regular City Council Meeting to order at 6:00 p.m. In the absence of Reverend McKee, the invocation was offered by Council Member Williams; Mayor Kirk led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Absent Present Present Present Present Present Mayor Kirk read the following proclamation in its entirety: "WHEREAS, Patrick Smith was born in Mendenhall, Mississippi, and holds a Bachelors of Arts and a Master Degree in English from the University of Mississippi; and WHEREAS, after moving to the State of Florida in 1966, Mr. Smith wrote seven novels, distinguishing himself in the literary field as a renowned author, who portrays with his vivid imagery, the tenacity of the early Florida Pioneers through his writing descriptions; and WHEREAS, one novelin particular, A LandRemembered, offers its readers the ability to discover Florida's heritage, and has been voted Best Florida Book for 10 consecutive years; and WHEREAS, teachers and parents have found that introducing A Land Remembered, Student Version, teaches their students and children not only about our State's history, but thejoy of reading, NOVEMBER 5,2013 - REGULAR MEETING - PAGE 2 OF 11 157 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim November 5, 2013, as "Patrick Smith's Florida, A Land (Continued from page 1) and has become a rite of passage for Floridians to experience; and WHEREAS, Mr. Remembered Day" continued. Smith has been nominated for the Pulitzer Prize three times, for the Nobel in Literature in 1985, and was recognized as the "Greatest Living Floridian" by being the recipient of the Florida Historical Society's Fay Schweim Award, a one -time -only award established to honor one individual who has contributed the most to Florida in recent history. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, hereby honor, revere, and praise Patrick Smith for his insight into the settlers of this State, and for advancing the cause of history education for all people, and hereby proclaim November 5, 2013, as "Patrick Smith's Florida, A Land Remembered Day" in the City of Okeechobee." Mr. Rick Smith, son of Patrick Smith, was present to receive the proclamation on behalf of his father and thanked the Council for this special recognition. He was in Okeechobee on a multimedia tour to present a program of his father's experiences that led him to write his novels and especially A Land Remembered. B. Proclaim November 17, 2013, as "Retired Educators Day." Mayor Kirk read the following proclamation in its entirety: "WHEREAS, Florida's education system is a vital part of the well-being of our state, providing education for people of all ages; and WHEREAS, at the heart of our education system is the educator, who is devoted to sharing his or her knowledge with students; and WHEREAS, Florida is home to many retired educators who have spent much of their lives giving their time, energy, and best efforts to our students; and WHEREAS, it is fitting that we celebrate and recognize Florida's retired educators for their dedication to empowering students and strengthening our local and statewide communities. NOW THEREFORE, /, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim November 17, 2013 as "Retired Educators Day" in the City of Okeechobee. " Ms. Gay Carlton along with Mrs. Maggie Cable were present to receive the proclamation and thanked the Mayor and Council for this recognition. C. Proclaim the month of November 2013 as "National Adoption Mayor Kirk read the following proclamation in its entirety: "WHEREAS, for more than a century, Children's Home Month. Society of Florida has upheld our legacy of transforming the lives of children and families; and WHEREAS, on any given day approximately 125-175 children are awaiting adoptions on the Treasure Coast and in the last three years over 350 children have been given the gift of forever families; and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with The Department of Children & Families to ensure that every child has a foreverfamily; and WHEREAS, children waiting for adoptive parents and families who have adopted these children require and deserve community and agency support, and WHEREAS, Children's home Society of Florida, along with its community partners, embraces opportunities that can potentially change the waysociety cares forchildren andyouth. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of 158 NOVEMBER 5,2013 - REGULAR MEETING - PAGE 3 OF 11 AGENDA 11F- COUNCIL ACTION - DISCUSSION - VOTE IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. C. Proclaim the month of November 2013 as "National Adoption (Continued from page 2) November 2013 as "NATIONAL ADOPTION AWARENESS MONTH" in the City of Month" continued. Okeechobee." Ms. Melissa Nealey, from the Children's Home Society, was present to receive the proclamation and I thanked the Mayor and Council for this recognition. D. Proclaim the month of November 2013 as "National Runaway Mayor Kirk read the following proclamation in its entirety: "WHEREAS, for more than a century, Children's Home Month." Society of Florida has upheld our legacy of transforming the lives of children and families; and WHEREAS, on any given day approximately 800 youth are homeless on the Treasure Coast The National Runaway Switchboard reported more than 280 crisis runaway calls from two Treasure Coast area codes (772, 863) during 2012; and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with the National Runaway Switchboard and the Family and Youth Services Bureau to educate and prevent youth in crisis from running away and subsequently living on the streets; and WHEREAS, Children's Home Society of Florida provides support services to youth in crisis that aim to move youth into stable living situations; and WHEREAS, Children's home Socielyof Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of November 2013 as "NATIONAL RUNAWAY PREVENTION MONTH" in the City of Okeechobee." Ms. Nealey also received this proclamation. E. Present Kim Barnes with a 10-Year Longevity Service Award. Mayor Kirk read the following biography in its entirety: Kim first moved to Florida while in high school, from Sandusky, Ohio. She is a graduate of Southeast High School in Bradenton. Kim, along with her husband John moved to Okeechobee in 2000, then in 2001 a precious bundle of pink, named Emily, blessed their home. She began her career with the City on October 20, 2003, as a full time Secretary/Receptionist, working half the day in General Services and half in the City Clerk's Office. On September 24, 2004, she was transferred to fill the vacant Administrative Secretary/Computer Systems Coordinator position in the Finance Department. One of Kim's most important jobs is to orchestrate the City's Annual Christmas Tree Lighting, which she has done -superbly every year. It is an honor to recognize Kim for her 10 years of dedication and service, with a Longevity Service Certificate and embossed portfolio. Ms. Barnes was accompanied by her family and thanked the Mayor and Council for this recognition. F. Present Kenneth Keller with a Certificate of Appreciation for service Mr. Kenneth Keller was extended an expression of gratitude from the Mayor and Council for his service to the City with on the Planning Board/Board of Adjustments and Appeals/Design a framed Certificate of Appreciation which read: "Office of the Mayor, City of Okeechobee, Florida, extends this Review Board. Expression of Appreciation to Kenneth Keller. In recognition of your service to the community, the City and your fellow citizens have benelitted greatly by your unselfish dedication in the performance of your duties while serving on the Planning Board/Board ofAdjustment andAppeals/Design Review Board, appointed May 1, 2004, serving three consecutive terms until October 31, 2013. " Mr. Keller thanked the Mayor and Council. NOVEMBER 5,2013 - REGULAR MEETING - PAGE 4 OF 11 159 AGENDA COUNCIL ACTION - DISCUSSION - VOTE V. MINUTES - City Clerk. I A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the October 1, 2013, Regular Meeting. October 1, 2013, Regular Meeting; seconded by Council Member Watford. There was a brief discussion on this item. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Motion to amend City Council Minutes, August 20, 2013, page 6 of Council Member Watford moved to amend City Council Minutes, August 20, 2013, page 6 of 24, and September 17, 24, and September 17, 2013, page 12 of 12 - City Clerk (Exhibit 1). 2013, page 12 of 12; seconded by Council Member O'Connor. City Clerk Gamiotea explained by memorandum that the minutes reflect that both the Mechanic I and 11 positions were being deleted from the Public Works Salary Step Plan, however, that is incorrect. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA VI. AGENDA - Mayor. WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests, additions, deferrals or withdrawals of items on today's agenda. agenda, There were none. V11. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2013 Warrant Register. Council Member Watford moved to approve the September 2013 Warrant Register in the amounts: General Fund, four hundred fifty-two thousand, five hundred eighty-nine dollars and thirty-four cents ($452,589.34); Public Facilities General Fund .... ........... $452,589,34 Improvement Fund, thirty-eight thousand, six hundred thirty-six dollars and fifty-five cents ($38,636.55); Community Public Facilities Improvement Fund .......... $ 38,636.55 Development Block Grant - Housing Rehabilitation Fund, twenty-four thousand, eight hundred fifteen dollars and Community Development Block Grant-HR Fund ..... $ 24,815-17 seventeen cents ($24,815.17); Community Development Block Grant - Economic Development Fund, one thousand, Community Development Block Grant-ED Fund ..... $ 1,259-43 two hundred fifty-nine dollars and forty-three cents ($1,259.43); Capital Improvement Projects Fund, sixty-five Capital Improvement Projects Fund ........... � . . � $ 65,602� 11 thousand, six hundred two dollars and eleven cents ($65,602.11); Capital Improvement Projects - Impact Fees Fund, Capital Improvement Projects -Impact Fees Fund .... $ 49,753-00 forty-nine thousand, seven hundred fifty-three dollars ($49,753.00); and Law Enforcement Special Fund, fifty dollars Law Enforcement Special Fund ......... $ 50,00 ($50.00); seconded by Council Member O'Connor. There was no discussion on this item. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 160 NOVEMBER 5,2013 - REGULAR MEETING - PAGE 5 OF 11 11 AGENDA Ili COUNCIL ACTION - DISCUSSION - VOTE 11 Vill. NEW BUSINESS. A. 1. a) Motion to read by title only and set November 19, 2013, as a final Council Member Watford moved to read by title only, and set November 19, 2013, as a final public hearing date for public hearing date for proposed Ordinance No. 1106, amending proposed Ordinance No. 1106, amending Ordinance No. 971, Section 3 Right of Reversion, Alley Closing Application Ordinance No. 971, Section 3 Right of Reversion, Alley Closing No. 85 for Blocks 4, 12, 13, 20, and 21, City of Okeechobee; seconded by Council Member O'Connor. Application No. 85 for Blocks 4, 12, 13, 20, and 21, City of Okeechobee - City Attorney (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1106 by title only. Council Member Watford read proposed Ordinance No. 1106 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 9711 VACATING CERTAIN ALLEYWAYS BY RESCINDING SECTION THREE, RIGHT OF REVERSION AND ADDING A SECTION TO PROVIDE FOR CONFLICTS AS NUMBER FOUR, AND A SECTION TO PROVIDE FOR SEVERABILITY AS NUMBER FIVE; 11 PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. Council Member O'Connor moved to approve the first reading of proposed Ordinance No. 1106; seconded by Council 1106. Il Member Watford b) Discussion. Administrator Whitehall reviewed the situation at hand in that this project was first presented to the Council in 2007, at which time Ordinance No. 971 was adopted, closing certain alleys for a proposed multi -family development, Southern Trace, and reserved the right that in the event the developer owner failed to obtain a Certificate of Occupancy within 36 months the alleys would be reopened as of February 2010, and the ordinance be null and void. However, the owners purchased the alleyways from the Hamrick Trust, submitted copies of the recorded Quit Claim Deeds, (O.R. Book 692, Page 212, and O.R. Book 726, Page 1967). They have been paying property taxes since 2010 for Blocks 12 and 21, and Blocks 4, 13 and 20 since 2011. On October 19, 2010, Council reaffirmed the Site Plan and Development Agreement, effective date of January 20, 2009, with a term of 10 years. This means they have until January 20, 2019, to start the development. Mr. Steve Dobbs, Project Engineer, was present and informed the Council that InSite Development Group is in the process of acquiring funding to proceed with the development of Southern Trace. The issue with the alleys not being closed due to the reversionary clause was noted by the title company. The developer now needs clarification of ownership. NOVEMBER 5,2013 - REGULAR MEETING - PAGE 6 OF 11 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 HNMJA1k1l***1C* IMIRM A. 2. b) Ordinance No. 1106 discussion continued. c) Vote on motion. B. Consider a revised application for a street closing for the 2013 Top of the Lake Christmas Festival to close SW 3' and 4 1h Avenues mid block in front of Park #4 to mid block Park #3 on SW Park Street from 4:00 p.m. December 6, 2013, to 11:00 p.m. December 7, 2013 - City Administrator (Exhibit 3). In the past, situations of this nature were handled by extending the reversion clause time period. The difference this time is this is the first one where an owner expended funds to the Trust for deeds, and has been paying taxes for several years. Mayor Kirk stated his concern being, this is still an undeveloped project and he would be in favor of extending the reversion rights, rather than deleting it since it is still an uncertain situation, Council Members Watford and Williams echoed his concerns, Council Member Maxwell recommended a copy of the Site Plan be provided to the Council, which may answer some of their concerns. Clerk Gamiotea explained, in the absence of Attorney Cook, that since the owners have the deeds for the alleys, by paying fair market value of the property to the Hamrick Trust, the City may have to purchase the alleys in order to act on the reversion clause. All the issues expressed will be presented to Attorney Cook for him to respond at the Final Hearing. The Council can decide at that time to delete the clause or amend it for an extension. VOTE KIRK - YEA MAXWELL - No O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve a revised Temporary Street Closing Application for the 2013 Top of the Lake Christmas Festival to close Southwest 3dand 4 1h Avenues between North and South Park Streets, and all Blocks in front of Parks 3 and 4 on South Park Street from 5:00 p.m, December 6, 2013, to 11:00 p.m. December 7, 2013; seconded by Council Member O'Connor. Ms. Shade Turgeon, Executive Director of Okeechobee Main Street, was present and informed the Council that she has received the support from the business owners and they were looking forward to the festival. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED, C. Consider a street closing application submitted by Rock Solid Council Member Watford moved to approve the Temporary Street Closing Application submitted by Rock Solid Christian Academy to close SW 4t' Street between SW 5' Avenue Christian Academy to close Southwest 4t' Street between Southwest 5" and 6' Avenues, for a 5K race on January and SW 6 1h Avenue for a 5K race on January 4, 2014, from 6:00 4, 2014, from 6:00 a.m. to 10:00 a.m.; seconded by Council Member Williams. a.m, to 10:00 a.m. - City Administrator (Exhibit 4). 161 162 NOVEMBER 5,2013 - REGULAR MEETING - PAGE 7 OF I I 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 Vill. NEW BUSINESS CONTINUED. C. Consider a street closing application submitted by Rock Solid Christian Academy continued. D. Consider Citizen Board Appointments - City Clerk (Exhibit 5). E. Motion to adopt proposed Resolution No. 2013-12 rescinding Resolution No. 2013-10 approving a revised locally funded agreement and memorandum of agreement with FDOT - City Attorney (Exhibit 6). VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. The Planning Board/Board of Adjustment and Appeals/Design Review Board has a vacancy for a Regular Member. Normal procedure has been to move an alternate member to this position and then fill the alternate position with a new member. The Clerk's Office had two applications on file. The Council was asked to consider moving Mr. Les McCreary or Mr. John Creasman from Alternate to Regular Member, term being October 29, 2013, through April 30, 2014; and then appointing Mrs. Toni Doyle or Mr. Ed Mucherino as an Alternate Member. Council Member O'Connor made a motion to move Mr. McCreary from Alternate to Regular Member on the Planning Board/Board of Adjustment and Appeals/Design Review Board, term being October 29, 2013, through April 30, 2014, (replacing Kenneth Keller); seconded by Council Member Watford. Council added both Mr. McCreary and Mr. Creasman would do a fantastic job, and used seniority as the deciding factor of which to move. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WILLIAMS - YEA MOTION CARRIED. Council Member O'Connor made a motion to appoint Mrs. Doyle as an Alternate Member to the Planning Board/Board of Adjustment and Appeals/Design Review Board, term being November 6, 2013, to April 30, 2014, (finishing Mr. McCreary's alternate term); seconded by Council Member Williams. The Council again noted both applicants would perform their duties well, and used the length of time the applications had been submitted as the deciding factor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to adopt proposed Resolution No. 2013-12 rescinding Resolution No, 2013-10 approving a revised Locally Funded Agreement (LFA) and adding a Memorandum of Agreement (MOA) with Florida Department of Transportation (FDOT); seconded by Council Member O'Connor. NOVEM13ER 5, 2013 - REGULAR MEETING - PAGE 8 OF 11 163 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 VIII. NEW BUSINESS CONTINUED. E. Motion to adopt proposed Resolution No. 2013-12 continued. Council Member Watford read proposed Resolution No. 2013-12 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RESCINDING RESOLUTION NO. 2013-10 IN ITS ENTIRETY; APPROVING A REVISED LOCALLYFUNDEDAGREEMENT WITH THEFLORIDA DEPARTMENTOF TRANSPORTATIONFOR CROSSWALK IMPROVEMENTS IN CONJUNCTION WITH THE STATE ROAD 70 IMPROVEMENTS PROJECT, APPROVING A MEMORANDUM OFAGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF TREASURY WHICH SETS FORTH PAYMENT SUBMITTAL AND PROCEDURES; PROVIDING TO AUTHORIZE THE MAYOR TO EXECUTE THE LOCALLY FUNDED AGREEMENTAND MEMORANDUM OFA GREEMENT, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." Administrator Whitehall explained that Resolution No. 2013-10 adopted the LFA for the patterned crosswalks in the StateRoad 70/Highway441 Improvement Project, intheamountof sixty-eight thousand, thirty-six dollars ($68,036.00). However, it left out the crosswalk at Northwest 2'd Avenue and State Road 70 West. The revised LFA now includes it, the estimated amount increased to seventy-two thousand, one hundred twelve dollars ($72,112.00). In addition, FDOT also requested the money be placed in an escrow account, as set out by the MOA. A concern of the Council was whether this was the final price and whether or not the City can retract from the deal should it escalate too high, as there is no cap on the LFA. Administrator Whitehall answered this amount is predicated on similar bid prices but is subject to change as with any bid. The project is scheduled to be bid in March 2014. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. F. Motion to award the purchase of thirteen (13) 2014 Dodge Charger Council Member Watford moved to award the purchase of thirteen (13) 2014 Dodge Charger Police package squad Police package squad cars to Auto Nation Chrysler Dodge Jeep cars to Auto Nation Chrysler Dodge Jeep Ram, Pembroke Pines, Florida, at a unit cost of twenty one thousand, one Ram, Pembroke Pines, Florida at a unit cost of $21,159.00 under hundred fifty-nine dollars ($21,159.00), under the Florida Sheriff's Association purchasing process; seconded by the Florida Sheriff's Association purchasing process - Police Chief Council Member O'Connor. (Exhibit 7). 11 In order to derive a fair competitive bid, the City obtained a quote from Okeechobee Dodge at $24,624.88, per unit, prior to securing the state bid. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 164 NOVEMBER 5,2013 - REGULAR MEETING - PAGE 9 OF I I AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED. G. Motion to approve the purchase of related equipment for the squad Council Member Watford moved to approve the purchase of related equipment for the squad cars, including light bars, cars, including light bars, consoles and parts necessary including consoles and parts necessary including the installation from Dana Safety Supply, Doral, Florida, at a total cost of thirty the installation from Dana Safety Supply, Doral, Florida at a total six thousand, one hundred thirty-one dollars ($36,131,00), under a sole source purchasing process; seconded by cost of $36,131.00 under a sole source purchasing process - Police Council Member Williams. Chief (Exhibit 8). VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. H. Motion to award the purchase of a 2014 Ford 350 42, 1 -ton crew Council Member O'Connor moved to award the purchase of a 2014 Ford 350 42, 1 -ton crew cab utility dump truck cab utility dump truck to Gilbert Ford in the amount of $32,929.50 to Gilbert Ford, in the amount of thirty-two thousand, nine hundred twenty-nine and fifty cents ($32,929.50) for use for use in the Public Works Department - Public Works Director in the Public Works Department; seconded by Council Member Williams. Council Member Watford noted he would (Exhibit 9). be abstaining from voting as his employer was one of the bidders. The low bid for this truck was $32,007.00, from Hub City Ford, Crestview, Florida, however, the local bidder, Gilbert Ford, meets the criteria for the City's Local Vendor Preference. Bids were received from Duval Ford (Sheriffs Bid) at $33,872.00; Maroone Auto Nation Dodge/Ram (Sheriffs Bid) at $33,648.00; and Gilbert Chevrolet at $37,000.00, VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - ABSTAINED* WILLIAMS - YEA MOTION CARRIED. 1. Motion to award the purchase of a 2014 Ford 44, Y2ton crew cab Council Member O'Connor moved to award the purchase of a 2014 Ford 44, Y2 ton crew cab pickup truck to Auto pickup truck to Auto Nation Chrysler Dodge Jeep Ram in the Nation Chrysler Dodge Jeep Ram, in the amount of twenty-six thousand, five hundred thirty-six dollars ($26,536.00) amount of $26,536.00 for use by the Public Works Director - Public for use by the Public Works Director; seconded by Council Member Williams, Council Member Watford noted he would Works Director (Exhibit 10). be abstaining from voting as his employer was one of the bidders. Bids were received from: Alan Jay Chevrolet (Sheriffs Bid) at $31,726.00; Duval Ford (Sheriffs Bid) at $29,647.00; Hub City Ford (State Bid) at $27,687.00; Gilbert Ford at $29,591.50; and Gilbert Chevrolet at $32,373.00. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - ABSTAINED* WILLIAMS - YEA MOTION CARRIED. NOVEMBER 5, 2013 - REGULAR MEETING - PAGE 10 OF 11 165 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 VIII. NEW BUSINESS CONTINUED. J. Motion to approve Project Authorization No. 1 to the Agreement for Council Member O'Connor moved to approve Project Authorization No. 1 to the Agreement for Professional Professional Engineering Services of Culpepper & Terpening, Inc. Engineering Services of Culpepper & Terpening, Inc. for Landscape Improvements Plan, Florida Highway for landscape improvements for the Florida Highway Beautification Beautification Grant, not to exceed eighteen thousand, twenty dollars ($18,020.00); seconded by Council Member Grant - City Administrator (Exhibit 11), Watford, Administrator Whitehall explained this is the next step in proceeding with the Parrott Avenue Median, State Road 15/US Highway 441 Landscaping Improvements, obtained by Okeechobee Main Street. The City entered into an agreement with Culpepper and Terpening, Inc., September 17, 2013, to be the City's Consulting Engineer and this is the first authorization detailing the scope of work and payment schedule. Administrator Whitehall remarked that this project may be paid by Grant Funds or by the City's committed matching funds, ($17,000.00). VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. K. Motion to approve an agreement with the Florida Department of Council Member Watford moved to approve Agreement (No. S0672), with the Florida Department of Environmental Environmental Protection, providing financial assistance for the City Protection, providing financial assistance for the City of Okeechobee Storm Water Retrofit/Conveyance Grant; of Okeechobee Storm Water Retrofit/Conveyance Grant - City seconded by Council Member O'Connor. Administrator (Exhibit 12). The City had submitted a request to the Local Legislative Delegation, January 28, 2013, for funding assistance for the Storm Water Retrofit Project, to provide clean, safe waters for residents and the public and improve water quality by providing swales, conveyance and inlet improvements to reduce pollutants, phosphorous and nitrogen loads from water runoff into Taylor Creek and Lake Okeechobee. This agreement is the mechanism for the City to receive 11 reimbursements, up to a maximum of two hundred fifty thousand dollars ($250,000.00), expended towards this project. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 166 NOVEMBER 5,2013- REGULAR MEETING -PAGE 11 OF11 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 RECESS REGULAR MEETING - Mayor. IX. CLOSED EXECUTIVE SESSION - Mayor. A. Discuss pending litigation, Case No.2013CA000424, the State of Florida Department of Transportation vs. the City of Okeechobee and the Hamrick Trust - City Attorney. X. RECONVENE REGULAR MEETING - Mayor. X1. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with,respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk.' - ATTEST: Jamesk,"Kirk�, Mayor &M OF "a, __ .140110 IVA F.101 7 Mayor Kirk announced that at this time based on the request of Attorney Cook, the Council will enter into a closed Executive Session. Only those listed in the advertisement may be present during the Executive Session, They are: Mayor James E. Kirk, Council Members Maxwell, O'Connor, Watford, and Williams, Administrator Whitehall, Attorney John R. Cook (who will be joinirig the meeting by telephone), City Clerk Lane Gamiotea, and Court Reporter Marcella Samson from Atlantic Reporting. MAYOR KIRK RECESSED THE REGULAR MEETING AT 7:37 P.M. MAYOR KIRK OPENED THE CLOSED EXECUTIVE SESSION AT 7:38 P.M. Those present were noted above, a court reporter is required by Florida Statute for this portion of the meeting. The full transcript will be submitted to the City Clerk's Office, and remain sealed until the final judgement of the litigation is signed. It will then be made part of the public record. The purpose of the Executive Session was to discuss pending litigation, Case No. 2013CA000424, State of Florida Department of Transportation vs. the City of Okeechobee and the Hamrick Trust. MAYOR KIRKADJOURNED THE CLOSED EXECUTIVE SESSION AND RECONVENEDTHE REGULAR MEETING AT, 8:24 P.M. Mayor Kirk directed Staff to advertise and set a Special City Council Meeting to be held at 2:00 p.m. on Tuesday, November 12, 2013, and to conduct an Executive Session at the meeting as requested by legal counsel. Ms. Samson was asked to schedule a court reporter from her employer for services at this meeting. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 8:25 p.m. The next regular scheduled meeting is November 19, 2013 at 6:00 p.m. * A Conflict of Voting Form was completed and filed on November 6, 2013, in the Office of the City Clerk per Statutory requirements, l'i"MEPENDENT- �MEWSPAMRS OKEECHOBEE NEWS 107 SM. 17th Street, Suite D, Okeechoke, FL 34974 (863) 763-3134 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 in said newspaper in the issues of 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 adver5lisernent for publica on in ihe said newspaper. Toni Byrd Sworn to and subscribed before me this day of AD Notary Public, State of Florida at Large PUBUC NOTICE: aTY—Fo—u—N—C7—L—M-EE-T—IN-G-S---- T E IS HEREBY GIVEN that the Tuesday October 15, 2013, Ch !C, "�'.lar Meeting has been canceled. ' The next regular scheduled meeting is Tuesday November 5 2013 6:00n, or as soon thereafter as Possible, at �4 Hall, 55 SE 5rd Av, Rm 2 , Okeechobee Florida. Thei&ublic is invited and encouraged to at tend. f ffift ��Iinistration at 63-763-3372 or website -_ _1 the agenda. !NY PERSON DEaDIN A d ade he n by a' er th ee ""' no �d t' Ord includes :- . , ccor- whoth th r c " 0 PP L a Y 'c"'on nc" an a d ed a ' m e Pro co ding is m e ' nd c f1h e ca Pon I e 'n ure a 0 ,h t_- Y a d ' nce ,an_ w th A_e4 ns ith "s b "es A A) Y on with _,"ty 't , t ers a modation t par_ .d. ed e A- n c'p.te , as is P ed th M th t �ecs corn us, ess n 's pnor e Ing, contact the City Cl r 0, n da to pr ce ter .ceedm" ii� e k a h'n two 37 33 72 E ADVISED that should You intend to shqw any document, Picture, videc items to the Council in support or opposition cogthe document, picture videc, or iternto ankPm on the agenda; MU be ty Xtior the Otyt records. PrOAded to the James E. Kirk, Maq Lane Ganniotea, C C, City Clerk 4543 ON 1011112011 ANGIE BRIDGES MY MMMISSION # EE 177653 �4 CAririco: MIM14V, 4 n 6-dW T11t, �.Ialy Public Underwriters INDEPENDENT �WEWSPAMRS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 S ,TATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says 1-ie is Publisher of the Okeechobee News, a three tirnes a week Newspaper published at Okeechobee, in Okeechobee County, Florida, t �hat'tlje atta ched copy of advertisement being a in the matter of in the 19th judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 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 advertisernentfor publication in the said newspaper. Toin Byrd Sworn to and subscribed before me this AD "-k- day of I Notary Public, State of Florida at Large NOTICE OF CLOSED EXECUTIVE SESSION BY THE CITY COUNCIL, OKEECHOBEE, FLORIDA ICE IS HEREBY GIVEN that the Okeechobee Cft� Council will meet In ed Executive Session to discuss pending litigation, Case No. iCAo 24 the State of Honda Department of Transportation vs. the of Ok 5h6bee: and the Hamrick Trust. prorosed Executive Session will be held on Tuesday, November 5, 1 following the Regular Session, at 6:00 r.m. or as soon thereafter as i[ile at city Hall, 55 SE 3rd Avenue, Counci Chambers Room 200. discussion shall be confined to settlement negotiation or strategies re- g to litigation expenditures hied by the State of Flodda Department ofl Notice is heretliven that theDfoilowmg, W I be in attendance: James E. Kirk, C,, Members e n Ma well, Mike O'Connor, Dow Watford Jr bayton Williams City Attorney John Cook, City Admini Brian WkliAall, and City ClerV Lane Gamlotea. A court reporter will be present to record the session and the bra shall be made part of the public record upon conclusion of the Iftigatior IBy: Mayor James E. Kirk, as duly requested by =ney John R. 4Nul7re, and allowed bi Section 286.011, Honda 5 4 3 ON 10/27/201 /MIE BRIDGE$ MY COMMISSION # EE 177653 EXPIRES: April 20,2016 Bonded Thn) Notary Public Underiviriters CITY OF OKEECHOBEE NOVEMBER 5,2013 REGULAR CITY COUNCIL MEETING AND CLOSED EXECUTIVE SESSION OFFICIAL AGENDA PAGE 1 OF 4 CALL TO ORDER - MAYOR: November 5, 2013, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Cary McKee, More to Life Ministries; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim November 5, 2013 as "Patrick Smith's Florida, A Land Remembered Day." e IV. V V1. VII. PROCLAMATIONS AND PRESENTATIONS CONTINUED. B. Proclaim November 17, 2013 as "Retired Educators Day." C. Proclaim the month of November 2013 as "National Adoption Month. " D. Proclaim the month of November 2013 as "National Runaway Month." E. Present Kim Barnes with a 1 0-Year Longevity Service Award. F. Present Kenneth Keller with a Certificate of Appreciation for service on the Planning Board/Board of Adjustments and Appeals/Design Review Board. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 1, 2013 Regular Meeting. B. Motion to amend City Council Minutes, August 20, 2013, page 6 of 24, and September 17, 2013, page 12 of 12 - City Clerk (Exhibit 1). AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2013 Warrant Register. General Fund $452,589.34 Public Facilities Improvement Fund $ 38,636.55 Community Development Block Grant Fund $ 24,815.17 Community Development Block - Economic Grant Fund $ 1,259.43 Capital Improvement Projects Fund $ 65,602.11 Capital Improvement Projects Fund - Impact Fee $ 49,753.00 Law Enforcement Special Fund $ 50.00 November 5, 2013 PAGE 2 OF 4 November 5, 2013 PAGE 3 OF 4 Vill. NEW BUSINESS. AA.a) Motion to read by title only and set November 19, 2013 as a final public hearing date for proposed Ordinance No. 1106, amending Ordinance No. 971 , Section 3 Right of Reversion, Alley Closing Application No. 85 for Blocks 4, 12, 13, 20, and 21, City of Okeechobee - City Attorney (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1106 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No, 1106. b) Discussion. c) Vote on motion. B. Consider a revised application for a street closing for the 2013 Top of the Lake Christmas Festival to close SW 3' and 4" Avenues mid block in front of Park #4 to mid block Park #3 on SW Park Street from 4:00 p.m. December 6, 2013 to 11:00 p.m. December 7, 2013 - City Administrator (Exhibit 3). C. Consider a street closing application submitted by Rock Solid Christian Academy to close SW 4" Street between SW 5" Avenue and SW 6" Avenue for a 5K race on January 4, 2014 from 6:00 a.m. to 10:00 a.m. - City Administrator (Exhibit 4). D. Consider Citizen Board Appointments - City Clerk (Exhibit 5). E. Motion to adopt proposed Resolution No. 2013-12 rescinding Resolution No. 2013-10 approving a revised locally funded agreement and memorandum of agreement with FDOT - City Attorney (Exhibit 6), F. Motion to award the purchase of thirteen (13) 2014 Dodge Charger Police package squad cars to Auto Nation Chrysler Dodge Jeep Ram, Pembroke Pines, Florida at a unit cost of $21,159.00 under the Florida Sheriffs Association purchasing process - Police Chief (Exhibit 7). G. Motion to approve the purchase of related equipment for the squad cars, including light bars, consoles and parts necessary including the installation from Dana Safety Supply, Doral, Florida at a total cost of $36,131.00 under a sole source purchasing process - Police Chief (Exhibit 8). November5,2013 PAGE40F4 Vill. NEW BUSINESS CONTINUED. H. Motion to award the purchase of a 2014 Ford 350 42, 1 -ton crew cab utility dump truck to Gilbert Ford in the amount of $32,929.50 for use in the Public Works Department - Public Works Director (Exhibit 9). Motion to award the purchase of a 2014 Ford 44, 1/2ton crew cab pickup truck to Auto Nation Chrysler Dodge Jeep Ram in the amount of $26,536.00 for use by the Public Works Director - Public Works Director (Exhibit 10). J. Motion to approve Project Authorization #1 to the Agreement for Professional Engineering Services of Culpepper & Terpening, Inc. for landscape improvements for the Florida Highway Beautification Grant - City Administrator (Exhibit 11), K. Motion to approve an agreement with the Florida Department of Environmental Protection, providing financial assistance for the City of Okeechobee Storm Water Retrofit/Conveyance Grant - City Administrator (Exhibit 12). IX. CLOSED EXECUTIVE SESSION - Mayor. A. Discuss pending litigation, Case No.20013CA000424, the State of Florida Department of Transportation vs. the City of Okeechobee and the Hamrick Trust - City Attorney. X. RECONVENE REGULAR MEETING. XI. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. Page 1 of 7 CITY OF OKEECHOBEE - REGULAR COUNCIL MEETING -7!I11 'S HANDWRITTEN MINUTES NOVEMBER 5, 2013 - 55 SE 3RD AVENUE - OKEECHOBEE - FL 34974 - 6:00 P.M. I. CALL TO ORDER - Mayor: November 5, 2013, City Council Regular Meeting, p.m. II. OPENING CEREMONIES: Pastor Cary McKee, More 2 Life Ministries gave the invocation; Pledge of Allegiance led by Mayor III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Fire Chief Herb Smith z Police Chief Denny Davis ,/ f Public Works Director e.� . ��-�•����✓ Present: Absent: 1r IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim November 5, 2013 as "Patrick Smith's Florida, A Land Remembered Day." read the following proclamation in its entirety: "WHEREAS, Patrick Smith was born in Mendenhall, Missssippi, and holds a Bachelors of Arts and a Master Degree in English from the University of Mississippi; and WHEREAS, after moving to the State of Florida in 1966, Mr. Smith wrote seven novels, distinguishing himself in the literary field as a renowned author, who portrays with his vivid imagery, the tenacity of the early Florida Pioneers through his writing descriptions; and WHEREAS, one novel in particular, A Land Remembered, offers its readers the ability to discover Florida's heritage, and has been voted Best Florida Book for 10 consecutive years; and WHEREAS, teachers and parents have found that introducing A Land Remembered, Student Version, teaches their students and children not only about our States' history, but the joy of reading, and has become a rite of passage for Floridians to experience; and WHEREAS, Mr. Smith has been nominated for the Pulitzer Prize three times, for the Nobel in Literature in 1985, and was recognized as the "Greatest Living Floridian" by being the recipient of the Florida Historical Society's Fay Schweim Award, a one - time -only award established to honor one individual who has contributed the most to Florida in recent history. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, hereby honor, revere, and praise Patrick Smith for his insight into the settlers of this State, and for advancing the cause of history education for all people, and hereby proclaim November 5, 2013, as "Patrick Smith's Florida, A Land Remembered Day" in th City of Okeechobee." , - u �l r Proclaim November 17, 2013 as "Retired Educators Day." 115 vt 44/ _ biz( 076 P ,� �: uoL 0.)/ ouo , '�q J i � n,. 41-1 o J.y.� G Gi/ 1)£e vez z6 ° C '. , I ,, /� i, 1% 6f read the following proclamation in its entirety: "WHEREAS, Florida's education system is a vital part of th o well -being of our state, providing education for people of all ages; and WHEREAS, at the heart of our education system is the educator, who is devoted to sharing his or her knowledge with students; and WHEREAS, Florida is home to many retired educators who have spent much of their lives giving their time, energy, and best efforts to our students; and WHEREAS, it is fitting that we celebrate and recognize Florida's retired educators for their dedication to empowering students and strengthening our local and statewide communities. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim November 17, 2013 as "Retired Educators Day" in the City of Okeechobee." �, W--chi I Wed 046706, t to 0i4.,iltei _op se-6 ` j io / J 1 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. C. Proclaim the month of November 2013 as "National Adoption Month. " L-pUfriLy perm q9 Page 2 of 7 a t :read the following proclamation in its entirety: "WHEREAS, for more than a century, Children's Home ''t ciety of Florida has upheld our legacy of transforming the lives of children and families; and WHEREAS, on any given day approximately 125 -175 children are awaiting adoptions on the Treasure Coast and in the last three years over 350 children have been given the gift of forever families; and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with The Department of Children & Families to ensure that every child has a forever family; and WHEREAS, children waiting for adoptive parents and families who have adopted these children require and deserve community and agency support; and WHEREAS, Children's Home Society of Florida, along with its community partners, embraces opportunities that can potentially change the—way society cares for children and youth. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of November 2013 as "NATIONAL ADOPTION AWARENESS MONTH" in the City of Okeechobee." D. Proclaim the month of November 2013 as "National Runaway Month." read the following proclamation in its entirety: "WHEREAS, for more than a century, Children's Home Society of Florida has upheld our legacy of transforming the lives of children and families; and WHEREAS, on any given day approximately 800 youth are homeless on the Treasure Coast. The National Runaway Switchboard reported more than 280 crisis runaway calls from two Treasure Coast area codes (772, 863) during 2012; and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with the National Runaway Switchboard and the Family and Youth Services Bureau to educate and prevent youth in crisis from running away and subsequently living on the streets; and WHEREAS, Children's Home Society of Florida provides support services to youth in crisis that aim to move youth into stable living situations; and WHEREAS, Children's home Society of Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of November 2013 as "NATIONAL RUNAWAY PREVENTION MONTH" in the City of Okeechobee." E. Present Kim Barnes with a 10 -Year Longevity Service Award. Bio on Kim Barnes: Kim first moved to Florida while in high school, from Sandusky, Ohio. She is a graduate of Southeast High School in Bradenton. Kim, along with her husband John moved to Okeechobee in 2000, then in 2001 a precious bundle of pink, named Emily, blessed their home. She began her career with the City on October 20, 2003 as a full time Secretary /Receptionist, working half the day in General Services and half in the City Clerks Office. On September 24, 2004 she was transferred to fill the vacant Administrative Secretary /Computer Systems Coordinator position in the Finance Department. One of Kim's most important jobs is to orchestrate the City's Annual Christmas Tree Lighting, which she has done superbly every year. It is an honor to recognize Kim for her 10 years of dedication and service, with a Long ity Service Certificate and embossed portfolio. %liY�t- , /rx,o `'Oct VIM staRt Aw�p Presented ra: KIMBERL t. BARNES In Recognition of Your l0 -Years of Service. Herd Work ar4 Dedkadon to the my of Okeechobee. as n'leena and your fellow employees October 20, 2003 to October 20, 2013 Presented on this S. day of november. IDly on behalf of �M1001l01 ellY Corrnal. for the City of OMCMbee. Florida f F. Present Kenneth Keller with a Certificate of Appreciation for service on the Planning Board /Board of Adjustments and Appeals /Design Review Board. Vbc. /6d1C4 tide&& P'-12-4-L)/e /Lt6e-aiee Vd: , .mend. Kenneth Keller Planning Board, Board of Adjustment, and Design Review Board Appoio(od May 1. 2004. saving three consecutive terms until October 312013 Page 3 of 7 V. MINUTES - City Clerk. , A. Council Member �� 'j , moved to dispense with the reading and approve the Summary of Council Action for the October 1, 2013 Regular Meeting; seconded by Council Member ik,11,0 . There was no discussion on this item. j m_ U I 11iu/[ •� /`� "ly/ GO 4M-gal VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. B. Council Member /(M. moved to amend City Council Minutes, August 20, 2013, page_p of 24, and September 17, 2013, page 12 of 12 - City Clerk (Exhibit 1); seconded by Council Member 1, t `t . 1-u.-60vt VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. WARRANT REGISTER - pity Administrator. A. Council Member 1t_, moved to approve the September 2013 Warrant Register; seconded by Council Member nt -o , in the amounts: General Fund $452,589.34; Public Facilities Improvement Fund $38,636.55; Community Development Block Grant Fund - Housing Rehabilitation $24,815.17; Community Development Block Fund - Economic Development $1,259.43; Capital Improvement Projects Fund $65,602.11; Capital Improvement Projects Fund - Impact Fees $49,753.00; Law Enforcement Special Fund $50.00 ottej VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. VIII. NEW BUSINESS. A.1.a) Council Member C moved to read by title only and set November 19, 2013 as a final public hearing date for proposed Ordinance No. 1106, amending Ordinance No. 971, Section 3 Right of Reversion, Alley Closing Application No. 85 for Blocks 4, 12, 13, 20, and 21, City of Okeechobee - City Attorney (Exhibit 2); seconded by Council Member `YY1,4) . b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD -1 YEA WILLIAMS - YEA MOTION CARRIED. c) City �o Attorney to read proposed Ordinance No. 1106 by title only: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 971 VACATING CERTAIN ALLEYWAYS BY RESCINDING SECTION THREE, RIGHT OF REVERSION AND ADDING A SECTION TO PROVIDE FOR CONFLICTS AS NUMBER FOUR, AND A SECTION TO PROVIDE FOR SEVERABILITY AS NUMBER FIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Council Member moved to approve the first reading of proposed Ordinance No. 1106; seconded by VIII. NEW BUSINESS CONTINUED. A.2. b) Discussion to approve first reading of proposed Ordinance No. 1106. 4th- AptLe4L Of (d ,Gu_- C Y A tux e(V-141-4 ./12) P� c.1• ,ofLaz-e- c) Vote on m• ion. ,oxi Aztet `/ /f% KIRK - YEA WATFORD - YEA B. Aub VOTE v MAXWELL - YEA WILLIAMS - YEA �. ✓P ;/x n�P� G� O'CONNOR - YEA MOTION CARRIED. Page 4 of 7 cc , to6 r ,ter ,91(e2,Q;k,- Council Member moved to approve a revised application for a street closing for the 2013 Top of the Lake Christmas Festival to close SW 3rd and 4th Avenues mid block in front of Park #4 to mid block Park #3 on SW Park Street from 4:00 p.m. December 6, 2013 to 11:00 p.m. seconded by Council Meem" ber e? &J ( c'•,�- ()'u -( 5 �J 'S x-a- VOTE Dece ber 7 2013 - City Administrator Exhibit 3); G td, xigeb4gyu; �2 „IA/c44,4 —Ps11 �— rJY12�d ria/ fi n KIRK - YEA WATFORD - YEA MAXWELL - No WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED." C. Council Member '' ) moved to approve street closing application submitted by Rock Solid Christian Academy to close SW 4`h Street between SW 5th Avenue and SW 6,h Avenue for a 5K race on January 4, 2014 from 6:00 a.m. to 10:00 a.m. - City Administrator (Exhibit 4); seconded by 0 uncil Member tet Avce , de e ✓ `� t i�tit via �� ; co OkcA - L,c.acd VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR --YEA-, MOTION CARRIED. - D. Consider Citizen Board Appointments - City Clerk (Exhibit 5). The Planning Board /Board of Adjustment/Design Review Board has a vacancy for a Regular Member. Our procedure has been to move an alternate member to this position and,hen fill t e alternate position with a new member. We have received two applications,to dat . Please consider: ) 6)(.0 - a-6 / A_,/Ls--1 celLav v /n� ,�-�u' � — L) to cep 1. Council Member } ,0 made a motion to move es McCreary br John Creasman from Alternate to Regular Member, termmbein October 29, 2013 through April 30, 20'x4. (Replacing Kenneth Keller); seconded by Council Member VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. 2. Council Member 7 g--6 made a motion to appoint Toni Doyle or Ed Mucherino as an Alternate Member (term ( ) will be determined as to which alternate is moved); seconded by Council Member etf.., . VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Page 5 of 7 VIII. NEW BUSINESS CONXINYED. E. Council Member moved to adopt proposed Resolution No. 2013 -12 rescinding Resolution No. 2013- 10 approving a revised locally funded agreement and memorandum of agreement with FDOT - City Attorney (Exhibit 6); seconded by Council Member 6 . 1,4J Title reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RESCINDING RESOLUTION NO. 2013 -10 IN ITS ENTIRETY; APPROVING A REVISED LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CROSSWALK IMPROVEMENTS IN CONJUNCTION WITH THE STATE ROAD 70 IMPROVEMENTS PROJECT; APPROVING A MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF TREASURY WHICH SETS FORTH PAYMENT SUBMITTAL AND PROCEDURES; PROVIDING TO AUTHORIZE THE MAYOR TO EXECUTE THE LOCALLY FUNDED AGREEMENT AND MEMORANDUM OF AGREEMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." 6,1,/ ,00 ` ° 1 &I lc,C.eAr clq -4.d AAlm, ,�� (yLci) • " ' a/14, c 2 - / S 74A7cc, 654 mo,r -0 jvuia4> b1-111,k_ AP . - e4,d) , .� de- d- tom- * �,we d (? c ibi,t, 6: 'P o %- to v44 4-axt - �1"�c� *-o- t.e -L P-e A J i(-�lA °( . i' ^ *-41-/ .hke 4" ;0017 .4 %ii .tad P6 ty/3 d,O)4 anybovr can %7. e t`'x zJ � � car eit4 614 .LS� CCU ,�— �� VOTE L &dt..titt' vp 2c ciuc , MAXWELL - YEA O'CONNOR - YEA WILLIAMS - YEA OTION CAR IR ED.�, KIRK - YEA WATFORD - YEA F. Council Member 4.d moved to award the purchase of thirteen (13) 2014 Dodge Charger Police package squad cars to Auto Nation Chrysler Dodge Jeep Ram, Pembroke Pines, Florida at a unit cost of $21,159.00 under the Florida Sheriff's Association urchasing process - Police Chief (Exhibit 7); seconded by Council Member X1,2: D • 0A, .e4 , ./Sa - dirt eipek u/j Jfi -e4cl/ f/o, ? o - 02Nitut G-e (p4- ¶I, a °, ;nu: -0 f 7 L44 ju. — 6O e GeR cR ikj` 17, (r" C4A-A , wao (7� EC` VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. G. Council Member .({ 1 moved to approve the purchase of related equipment for the squad cars, including light bars, consoles and parts necessary including the installation from Dana Safety Supply, Doral, Florida at a total cost of $36,131.00 under a sole source purchasing process - Police Chief (Exhibit 8); seconded by Council Member 11,W VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA (-MOTION CARRIED. Page 6 of 7 VIII. NEW BUSINESS CONTINUED. H. Council Member - 2a, moved to award the purchase of a 2014 Ford 350 4x2, 1 -ton crew cab utility dump truck to Gilbert Ford in the amount of $32,929.50 •r u.e in the Public Wor s Department - Public Works Director (Exhibit 9);seconded by Council Member /0'!~ &G) _ ill. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR —YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED I. Council Member moved to award the purchase of a 2014 Ford 4x4, %2 ton crew cab pickup truck to Auto Nation Chrysler Dodge Jeep Ram in the amount of $26,536.0q for use by the Public Works Director - Public Works Director (Exhibit 10); seconded by Council Member _. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. J. Council Member -' moved to approve Project Authorization #1 to the Agreement for Professional Engineering Services of Culpepper & Terpening, Inc. for landscape improvements for the Ionia Highway Beautification Grant - Cit r�Administrator (Exhibit 11); seconded by Council Member '%. tU - l 0 T /z� aiL,ritik t IL. A- :u Q2_:.. - c , L.ao v CO _, dijtj , jp4,b,,o arria_ erLd e( .4,21,(4,1-0 , i) t A i _e att4k u-d-e /P---d-ch 01 ri---1--+/-a-4-4-- aize,-;it=r6-7 A,.,)G _ /1(t0)‘‘rt.,41;i4i. oe AAJ-- pAtatel 1/r/ - - - ' 411)) 9)L° VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR -.YEA r MOTION CARRIED) K. Council Member ,(_r:(J' moved to approve an agreement with the Florida Department of Environmental Protection, providing financial assistance for the City of Okeechobee Storm Water Retrofit/Conveyance Grant - City Administrator (Exhibit 12)seconded by Council Member i, J . e-t 0.0A-1=0:vit- Jzvi-a-- fit. -A--1'-' VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA O'CONNOR - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk announced that at this time the Council will enter into a closed executive session. Only those listed in the advertisement may be present during the executive session. They are: Mayor James E. Kirk, Council Members Maxwell, O'Connor, Watford, and Williams, Administrator Whitehall, Attorney John R. Cook, City Clerk Lane Gamiotea, and a court reporter from Atlantic Reporting. 7- 237/2re_e. Page 7 of 7 IX. OPENED THE EXECUTIVE SESSION AT P.M. A. Discuss pending litigation, Case No.20013CA000424, the State of Florida Department of Transportation vs. the City of Okeechobee and the Hamrick Trust - City Attorney. Roll Call: 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 X. CLOSED EXECUTIVE SESSION AND RECONVENE REGULAR MEETING AT P.M. Roll Call: 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 ITEM ADDED TO AGENDA: L. Council Member moved to adopt proposed Resolution No. 2013 -13 - City Attorney (Exhibit 13); seconded by Council Member Title reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RESCINDING A PORTION OF RESOLUTION NO. 10 -04, ADOPTED APRIL 20, 2010, PARTICULARLY ITEM "D" THEREIN WHICH WAS A REVERTER OF INTEREST IN THE CITY OWNED DOWNTOWN PARK; BUT OTHERWISE SUPPORTING THE CONTINUED IMPLEMENTATION OF FDOT FIVE -YEAR WORK PROGRAM NO. 424846-1-32-01; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. XI. ADJOURN MEETING - Mayor. There being no further items on the agenda, Mayor Kirk adjoined the meeting at p.m. ,15,gD 3 / A;' 11. -Fe' /11 eg.:z. 0 N i) & Waal ; 'a i � f ? L7&) , , 4, 4 kak - — ,),14, 1, - - L... %. ,, r.� - - id) - 1 // —1 1 —•._, - '' , f - 7 �_ 1:. i -Q — •� I ' ca„.,-6 6, levu, - O Ai ail / Lo n n _ ln1, ,' — on_ % / 4 ,V1fht,tt /e i- i ,L2& ' Wit I) i,J) 4 A-- A - ,ern o ,z d QfzgJ c _ A4 a 4 ' i3N Y► — A - o,�1Nj 01 f As2-64il baLtY ilY1 eI- Ve . J - 74,6) Ova filLi '.0,2 A ,dam -QJ - /Lb C(- 1' J zO — Jb -"-e i Anu ,o r/ — em aXX''r t p'1.eZ2 » 1,,p,,,,k, 0i- 1,)L,J-- 4 d 1 e �� 4 gip ' . fl l _ // aV►../ , • l/ ' i /``l _ ,S� .. 1 / ...A.R1�� L ,.0, OY %I h G- ce-eA K -�iX�Y Q-D K- " ii,i / i1 / / /Ara 41u. ,J, , Y4/1/4- 7r161/" -1141- )6-ali 1-Z-1/. 69d- • i /may` / • ; /``` / t L I • L4 .. ♦ /1 .6-0 Gr .? -P-1 cd o, 4 ? • di 1 _ ��/1�/�% e _. / t 1 l / 1 .101 iLi. S , Zee, „. / 1 C cleyr) t , At - _/ J : -.1.' - 1f.:. , , . i / 1 it / L.. 4 _- -'1 _,.r. •_ 4 /4 - L(So ! ` P I / �s /Ck/ . CAL G- „�t.,et �6G0 '5 02a4 ; ./ a.4”. - F. o . ,- , 1 t "� � a / Cek O A r G/ W ■ t I 1 / C r I Page 1 of 7 CITY OF OKEECHOBEE - REGULAR COUNCIL MEETING - 'S HANDWRITTEN MINUTES NOVEMBER 5, 2013 - 55 SE 3RD AVENUE - OKEECHOBEE - FL 34974 - 6:00 P.M. I. CALL TO ORDER - Mayor: `,(21.K._ November 5, 2013, City Council Regular Meeting, p.m. II. OPENING CEREMONIES: - Pastor Cary McKee, More 2 Life Ministries gave the invocation; Pledge of Allegiance led by Mayor III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Works Director-Don ie- RQbertseR- Present: Absent: IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim November 5, 2013 as "Patrick Smith's Florida, A Land Remembered Day." read the following proclamation in its entirety: "WHEREAS, Patrick Smith was born in Mendenhall, Mississippi, and holds a Bachelors of Arts and a Master Degree in English from the University of Mississippi; and WHEREAS, after moving to the State of Florida in 1966, Mr. Smith wrote seven novels, distinguishing himself in the literary field as a renowned author, who portrays with his vivid imagery, the tenacity of the early Florida Pioneers through his writing descriptions; and WHEREAS, one novel in particular, A Land Remembered, offers its readers the ability to discover Florida's heritage, and has been voted Best Florida Book for 10 consecutive years; and WHEREAS, teachers and parents have found that introducing A Land Remembered, Student Version, teaches their students and children not only about our States' history, but the joy of reading, and has become a rite of passage for Floridians to experience; and WHEREAS, Mr. Smith has been nominated for the Pulitzer Prize three times, for the Nobel in Literature in 1985, and was recognized as the "Greatest Living Floridian" by being the recipient of the Florida Historical Society's Fay Schweim Award, a one - time -only award established to honor one individual who has contributed the most to Florida in recent history. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, hereby honor, revere, and praise Patrick Smith for his insight into the settlers of this State, and for advancing the cause of history education for all people, and hereby proclaim November 5, 2013, as "Patrick Smith's Florida, A Land Remembered Day" in the City of Okeechobee." B. Proclaim November 17, 2013 as "Retired Educators Day." read the following proclamation in its entirety: "WHEREAS, Florida's education system is a vital part of the well -being of our state, providing education for people of all ages; and WHEREAS, at the heart of our education system is the educator, who is devoted to sharing his or her knowledge with students; and WHEREAS, Florida is home to many retired educators who have spent much of their lives giving their time, energy, and best efforts to our students; and WHEREAS, it is fitting that we celebrate and recognize Florida's retired educators for their dedication to empowering students and strengthening our local and statewide communities. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim November 17, 2013 as "Retired Educators Day" in the City of Okeechobee." Page 2 of 7 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. C. Proclaim the month of November 2013 as "National Adoption Month. " read the following proclamation in its entirety: "WHEREAS, for more than a century, Children's Home Society of Florida has upheld our legacy of transforming the lives of children and families; and WHEREAS, on any given day approximately 125 -175 children are awaiting adoptions on the Treasure Coast and in the last three years over 350 children have been given the gift of forever families; and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with The Department of Children & Families to ensure that every child has a forever family; and WHEREAS, children waiting for adoptive parents and families who have adopted these children require and deserve community and agency support; and WHEREAS, Children's home Society of Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of November 2013 as "NATIONAL ADOPTION AWARENESS MONTH" in the City of Okeechobee." D. Proclaim the month of November 2013 as "National Runaway Month." read the following proclamation in its entirety: "WHEREAS, for more than a century, Children's Home Society of Florida has upheld our legacy of transforming the lives of children and families; and WHEREAS, on any given day approximately 800 youth are homeless on the Treasure Coast. The National Runaway Switchboard reported more than 280 crisis runaway calls from two Treasure Coast area codes (772, 863) during 2012; and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with the National Runaway Switchboard and the Family and Youth Services Bureau to educate and prevent youth in crisis from running away and subsequently living on the streets; and WHEREAS, Children's Home Society of Florida provides support services to youth in crisis that aim to move youth into stable living situations; and WHEREAS, Children's home Society of Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of November 2013 as "NATIONAL RUNAWAY PREVENTION MONTH" in the City of Okeechobee." E. Present Kim Barnes with a 10 -Year Longevity Service Award. Bio on Kim Barnes: Kim first moved to Florida while in high school, from Sandusky, Ohio. She is a graduate of Southeast High School in Bradenton. Kim, along with her husband John moved to Okeechobee in 2000, then in 2001 a precious bundle of pink, named Emily, blessed their home. She began her career with the City on October 20, 2003 as a full time Secretary /Receptionist, working half the day in General Services and half in the City Clerks Office. On September 24, 2004 she was transferred to fill the vacant Administrative Secretary /Computer Systems Coordinator position in the Finance Department. One of Kim's most important jobs is to orchestrate the City's Annual Christmas Tree Lighting, which she has done superbly every year. It is an honor to recognize Kim for her 10 years of dedication and service, with a Longevity Service Certificate and embossed portfolio. F. Present Kenneth Keller with a Certificate of Appreciation for service on the Planning Board /Board of Adjustments and Appeals /Design Review Board. ofp %EncF, AW% Presented to. KIMBERLY E. BARNES In Pauynldon of Your 10-Years of fervke, Hard Work a. Dedication to the CIn 04 Okeechobee •,04ts C I'1mu, and your fellow employees October 20, 2003 to October 20, 2013 Bunted on :Tb f° day of November, 2013 on behalf of 1M Mater, and City Cnum_il, for the My of OlabuMe. Flo.. �tDD�a ;t:117°,417,4 Gex(�l(+cc�e, 0), Q / /i/ ect alt, Kenneth Keller Planning Board, Board of Adjustment, and Design Review Board Appointed May I. 2004. serving three consecutive term, until October 31, 2073 - ..wa•.e.m.�, �. ems. Page 3 of 7 V. MINUTES - City Clerk. Council Member t moved to dispense with the reading and appr ve the Summary of Council Action for the October 1, 2013 Regular Meeting; seconded by Council Member T ( . T n VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA B. Council Member J moved to amend City Council Minutes, August 20, 2013, page 6 of%g4, and September 17, 2013, page 12 of 12 - City Clerk (Exhibit 1); seconded by Council Member %fi u VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA TION CARRI�D VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. WARRANT REGISTER- City Administrator. A. Council Member ( LL: moved to approve the September 2013 Warrant Register; seconded by Council Member n1 C : , in the amounts: General Fund $452,589.34; Public Facilities Improvement Fund $38,636.55; Community Development Block Grant Fund - Housing Rehabilitation $24,815.17; Community Development Block Fund - Economic Development $1,259.43; Capital Improvement Projects Fund $65,602.11; Capital Improvement Projects Fund - Impact Fees $49,753.00; Law Enforcement Special Fund $50.00 VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA OTION CARRIE3 VIII. NEW BUSINESS. A.1.a) Council Member I:U moved to read by title only and set November 19, 2013 as a final public hearing date for proposed Ordinance No. 1106, amending Ordinance No. 971, Section 3 Right of Reversion, Alley Closing Application No. 85 for Blocks 4, 12, 13, 20, and 21, City of Okeechobee - City Attorney (Exhibit 2); seconded by Council Member 1 \'\C? . b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MAXWELL - YEA 0' • • : - YEA WATFORD - YEA WILLIAMS - YEA c) Cite-to read proposed Ordinance No. 1106 by title only: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 971 VACATING CERTAIN ALLEYWAYS BY RESCINDING SECTION THREE, RIGHT OF REVERSION AND ADDING A SECTION TO PROVIDE FOR CONFLICTS AS NUMBER FOUR, AND A SECTION TO PROVIDE FOR SEVERABILITY AS NUMBER FIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." OTION CARRIED. 2. a) Council Member moved to approve the first reading of proposed Ordinance No. 1106; seconded by Council Member T)I,LJ Page 4 of 7 VIII. NEW BUSINESS CONTINUED. A.2. b) Discussion to approve first reading of proposed Ordinance No. 1106. i v , -o S clAk1 m ( 6•x- o - C (61-'120 Li-ktAt L 600adild l� L Lit& PIZ . W-Ukk bt--61A.Q_ to-Luxa, 5feaDoMA matt it.c4folcot Oti:ebt) Dom_ " 4-kg-42-10P-1 _ MYKR (Ji Imo c' ' tim Q u e d , Tab C6inpoixf bYggid .hza t,od c - c) Vote on motion. VOTE KIRK - YEA WATFORD - YEA MAXWELL - WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED B. Council Member \ -102:i moved to approve a revised application for a street closing for the 2013 Top of the Lake Christmas Festival to close SW 3rd and 4th Avenues k in front of Park #4 to me- block Park #3 on SW Park Street fro :00 p.m P-cember 6, 2013 to 11:00 p.m. December 7, 2013 - City Administrator (Exhibit 3); seconded by .uncil Member (1)C . 4- ail bluffs gC\ VOTE KIRK - YEA WATFORD • YEA MAXWELL - (!' i O'CONNOR-.-YE& WILLIAMS - YEA M0TION CARRI . , C. Council Member 1 LL) moved to approve street closing application submitted by Rock Solid Christian Academy to close SW 4th Street between SW 5th Avenue and SW 6th Avenue for a 5K race on January 4, 2014 from 6:00 a.m. to 10:00 a.m. - City Administrator (Exhibit 4); seconded by Council Member t(_,0 . VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR Y MOTION CARRIED-- D. Consider Citizen Board Appointments - City Clerk (Exhibit 5). The Planning Board /Board of Adjustment/Design Review Board has a vacancy for a Regular Member. Our procedure has been to move an alternate member to this position and then fill the alternate position with a new member. We have received two applications to date. Please consider: 1. Council Member (Y10 made a motion to move_Les McCreary orJohn Creasman from Alternate to Regular Member, term being October 29, 2013 through April 30, 2014. (Replacing Kenneth Keller); seconded by Council Member . VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA MOTION CARRIED. 2. C9iIncil Member ■\.L made a motion to appoint Tani Doyle r Ed Mucherino as an Alternate Mmber (term ( V301 I` ) will be determined as to which alternate is moved); seconded by Council Member P -u VOTE KIRK - YEA WATFORD • YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA CARRIED.D Page 5 of 7 VIII. NEW BUSINESS CONTINUED. E. Council Member Tb moved to adopt proposed Resolution No. 2013 -12 rescinding Resolution No. 2013- 10 approving a revised locally funded agreement and memorandum of agreement with FDOT - City Attorney (Exhibit 6); seconded by Council Member ma Title reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RESCINDING RESOLUTION NO. 2013 -10 IN ITS ENTIRETY; APPROVING A REVISED LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CROSSWALK IMPROVEMENTS IN CONJUNCTION WITH THE STATE ROAD 70 IMPROVEMENTS PROJECT; APPROVING A MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF TREASURY WHICH SETS FORTH PAYMENT SUBMITTAL AND PROCEDURES; PROVIDING TO AUTHORIZE THE MAYOR TO EXECUTE THE LOCALLY FUNDED AGREEMENT AND MEMORANDUM OF AGREEMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." D u- Q.Q.Q. 0 t c Uii4ILU 1 c ,SSwa-(14 - L1..Qtt diCtilt4 eJfax1/4t u41 dJ _GL(a-t L c-t -1-E .t 13()Y-1W4st. halAct DtCutcckS, WoLA gpoi:t 4qaiet-k VAwt lormot, b ro 4 kicc 2 - Sf Cr© a c- o-� o -f LL 4 0,-Wt d WCp(cam howc. k. kca''� "- of VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA O'CONNOR - YEA WILLIAMS -YEA �- MOTJ.ON-C-ARTEt F. Council Member '1.-W moved to award the purchase of thirteen (13) 2014 Dodge Charger Police package squad cars to Auto Nation Chrysler Dodge Jeep Ram, Pembroke Pines, Florida at a unit cost of $21,159.00 under the lfloAda Sheriff's Association purchasing process - Police Chief (Exhibit 7); seconded by Council Member Li CL Piu- (y ow ,21) ( -1-0 t \IW`--cam - hciL .,1 v ,, s{-e� �.�v of arc ( 10,0002- CLu to' 00°' VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA 'CONNOR - E --MOTION CARRIED } G. Council Member ! `�,U moved to approve the purchase of related equipment for the squad cars, including light bars, consoles and parts necessary including the installation from Dana Safety Supply, Doral, Florida at a total cost of $36,131.00 under a sole source purchasing process - Police Chief (Exhibit 8); seconded by Council Member VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA Page 6 of 7 VIII. NEW BUSINESS CONTINUED. H. Council Member (%1(1 moved to award the purchase of a 2014 Ford 350 4x2, 1 -ton crew cab utility dump truck to Gilbert Ford in the amount of $32,929.50 for use in the Public Works Department - Public Works Director 1, (Exhibit 9);seconded by Council Member VOTE KIRK - YEA WATFORD - Y. Ab , u /l_Sr MAXWELL - YEA WILLIAMS - YEA I. Council Member !YID moved to award the purchase of a 2014 Ford 4x4, 1/2 ton crew cab pickup truck to Auto Nation Chrysler Dodge Jeep Ram in the amount of $26,536.00 for use by the Public Works Director - Public Works Director (Exhibit 10); seconded by Council Member VOTE KIRK - YEA A f - MAXWELL - YEA O'CONNOR - YEA WATFORD - - DS1-6JJ I WILLIAMS - YEA OTION -C RRTEQ� J. Council Member 6 moved to approve Project Authorization #1 to the Agreement for Professional Engineering Services of Culpepper & Terpening, Inc. for landscape improvements for the Florida Highway !� 0,11 -6L Beautification Grant - City Administrator (Exhibit 11); seconded by Council Member --'"4?( fijst- go 11Afi a2 - 9h. -L 4,-kiN '. 1e) I CJ Q.(Lw CA AL O),UA 0/04 dapAIA W 8uAIL b0,13 C CYru- cAA: VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIES,, K. Council Member W moved to approve an agreement with the Florida Department of Environmental Protection, providing financial assistance for the City of Okerchgbee Storm Water Retrofit/Conveyance Grant - City Administrator (Exhibit 12)seconded by Council Member 1pU VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOnettetaRI€D. Mayor Kirk announced that at this time the Council will enter into a closed executive session. Only those listed in the advertisement may be present during the executive session. They are: Mayor James E. Kirk, Council Members Maxwell, O'Connor, Watford, and Williams, Administrator Whitehall, Attorney John R. Cook, City Clerk Lane Gamiotea, and a court reporter from Atlantic Reporting. Pb/k. Page 7 of 7 IX. 1 OPENED THE EXECUTIVE SESSION AT I ‘,20.1' P.M. A. Discuss pending litigation, Case No.20013CA000424, the State of Florida Department of Transportation vs. the City of Okeechobee and the Hamrick Trust - City Attorney. Roll Call: 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 X. CLOSED EXECUTIVE SESSION AND RECONVENE REGULAR MEETING AT `� ,,: »i P.M. Roll Call: 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 ITEM ADDED TO AGENDA: L. Council Member moved to adopt proposed Resolution No. 2013 -13 - City Attorney (Exhibit 13); seconded by Council Member Title reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RESCINDING A PORTION OF RESOLUTION NO. 10 -04, ADOPTED APRIL 20, 2010, PARTICULARLY ITEM "D" THEREIN WHICH WAS A REVERTER OF INTEREST IN THE CITY OWNED DOWNTOWN PARK; BUT OTHERWISE SUPPORTING THE CONTINUED IMPLEMENTATION OF FDOT FIVE -YEAR WORK PROGRAM NO. 424846-1-32-01; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Nov: la - (q )m Pejs VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. XI. JOURN MEETING - Mayor. There being no further items on the agenda, Mayor Kirk adjoined the meeting at p.m. r. J 4-u-c P cue. 1 igiAaAde___„4-1A.,_&_T czi, w-V`do L4):, 44' --Da-000crt 10 yrs ). 15J� 11 Q `-ts d — �- w_Lik _ Q U-AP- ©U. iitioac 0)3 . `N.oc . a \ 600m_ Qcd1kzxszikkgc- J1.wPndtA•o ti,GrAw wue be - F- _ar(.¢.L sect ofLostivuate&,toxevim, ctociAq e hQ- _CL-tera(LAAAth JAALNIU- is (L' - 46 (00Z at & cui___VikkA01(_-(- IL `f-c) vt (fix- p L/ of '1 — fe tard L04. buti 6 ff b-A . Ct. el Cti)- � '� Caxa- c biz r�1 ti tom, sJm toND Li-4k. i _ LEA -(--o 3-V_-- c604 45 SCYtt _ kip tji ci- MA) - a96ULLI Lit t- n JrxL4 dim (,(J/ OIL Q , cuaoutui TT 441L0. wt., cot& , _ 0..0 a :y" t � L O 04 ' i (f d itit uo-ikk4 Rski SaZd VW 1114-1 Pc); ch- W at) 1-ClAt Aft -c s.(L Cflu ? t ■ �I-- o VC_)-1 Yrict 4-ootau?r- paw 5 0 - e Office of the Mayor Okeechobee, Florida WHEREAS, Patrick Smith was born in Mendenhall, Mississippi, and holds a Bachelors of Arts and a Master Degree in English from the University of Mississippi; and WHEREAS, after moving to the State of Florida in 1966, Mr. Smith wrote seven novels, distinguishing himself in the literary field as a renowned author, who portrays with his vivid imagery, the tenacity of the early Florida Pioneers through his writing descriptions; and WHEREAS, one novel in particular, A Land Remembered, offers its readers the ability to discover Florida's heritage, and has been voted Best Florida Book for 10 consecutive years; and WHEREAS, teachers and parents have found that introducing A Land Remembered, Student Version, teaches their students and children not only about our States' history, but the joy of reading, and has become a rite of passage for Floridians to experience; and WHEREAS, Mr. Smith has been nominated for the Pulitzer Prize three times, for the Nobel in Literature in 1985, and was recognized as the "Greatest Living Floridian" by being the recipient of the Florida Historical Society's Fay Schweim Award, a one- time -only award established to honor one individual who has contributed the most to Florida in recent history. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, hereby honor, revere, and praise Patrick Smith for his insight into the settlers of this State, and for advancing the cause of history education for all people, and hereby proclaim November 5, 2013, as "Patrick Smith's Florida, A Land Remembered Day" in the City of Okeechobee. In witness whereof, o vember 5, 2013, I have hereunto set hand . nd caused this seal t. be affixed. E. Kirk, Mayor Attest: Lane Gamiotea, CMC, City Clerk WHEREAS, Florida's education system is a vital part of the well-being of our state, providing education for people of all a< es; and x1 . WHEREAS, at the heart of our education system is the educator, who is dew ed to sharing his or her knowledge with students; and WHEREAS, Florida is home to many retired educators who have spent much of their lives giving their time, energy, and best efforts to our students; and WHEREAS, it is fitting that we celebrate and reco _ ffnize Florida's retired educators for their dedication to empowering students and strengthening our local and statewide communities. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, ]Florida, do hereby proclaim November 17, 2013 as"1"etired Educators Day" in the City of Okeechobee. In witness whereof I have hereunto set ni by an caused this sea( to Le „a f f ixea. Attest: WHEREAS, for more than a century, Children's Home Society of Florida has upheld our legacy of transforming the lives of children and families; and WHEREAS, on any given day approximately 800 youth are homeless on the Treasure Coast. The National Runaway Switchboard reported more than 280 crisis runaway calls from two Treasure Coast area codes (772, 863) during 2012; and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with the National Runaway Switchboard and the Family and Youth Services Bureau to educate and prevent youth in crisis from running away and subsequently living on the streets; and WHEREAS, Children's Home Society of Florida provides support services to youth in crisis that aim to move youth into stable living situations; and WHEREAS, Children's home Society of Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of November 2013 as "NATIONAL RUNAWAY PREVENTION MONTH' in the City of Okeechobee. In witness whereof I have hereunto set my handih`d ca sed this seal to be affixed. Attest: Jame E. Kirk, Mayor 4f_a_.- ane Gamiot'a,CMC, City Clerk Date: November 5 °;.2 WHEREAS, for more than a century, Children's Home Society of Florida has upheld our legacy of transforming the lives of children and families; and WHEREAS, on any given day approximately/25-175 children are awaiting adoptions on the Treasure Coast and in the last three years over 350 children have been given the gift of forever families; and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with The Department of Children & Families to ensure that every child has a forever family; and WHEREAS, children waiting for adoptive parents and families who have adopted these children require and deserve community and agency support; and WHEREAS, Children's home Society of Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of November 201.3 as "NATIONAL ADOPTION AWARENESS MONTH' in the City of Okeechobee. In witness whereof I have hereunto set my hand and cased this seal to be affixed. James E. Kirk, Mayor Date: November 5, 2013. - -. Melisa Jahner From: Robin Brock < rbrock@cityofokeechobee.com > Sent: Friday, November 01, 2013 9:30 AM To: kbarnes@cityofokeechobee.com; Melisa Jahner, Patty Burnette; Bill Brisson; gloria@larueplanning.com Subject: Nov S 2013 City Council Agenda Attachments: Agenda Nov 5 2013wpd.pdf, Agenda Nov 5 2013wpd.wpd Attached is the agenda for the November 5 th City Council meeting. *Melisa, below is the contact information for 3 of the proclamations: 1. Retired Educators Day — Gay Carlton, 863-763-5755 2. National Adoption Day —Tracey Croteau, Children's Home Society of Florida, 772-344-4020, ext. 224 3. National Runaway Day - Tracey Croteau, Children's Home Society of Florida, 772-344-4020, ext. 224 Have a wonderful weekend! Robin Brock Executive Secretary City of Okeechobee 55 SE 3rd Avenue Okeechobee,FL 34974 Phone: (863) 763-3372 x 212 Fax: (863) 763-1686 Email: rbrockCcD-cityofokeecho bee - corn Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. Bio on Kim Barnes: Kim first moved to Florida while in high school, from Sandusky, Ohio. She is a graduate of Southeast High School in Bradenton. Kim, along with her husband John moved to Okeechobee in 2000, then in 2001 a precious bundle of pink, named Emily, blessed their home. She began her career with the City on October 20, 2003 as a full time Secretary/Receptionist, working half the day in General Services and half in the City Clerks Office. On September 24, 2004 she was transferred to fill the vacant Administrative Secretary/Computer Systems Coordinator position in the Finance Department. One of Kim's most important jobs is to orchestrate the City's Annual Christmas Tree Lighting, which she has done superbly every year. It is an honor to recognize Kim for her 10 years of dedication and service, with a Longevity Service Certificate and embossed portfolio. OF 0 M LL 0 1915 City of Okeechobee Office of the City Clerk October 29, 2013 Mrs. Kim Barnes 10127 Northeast 23rd Lane Okeechobee,FL 34972 Dear Mrs. ie5� Time sure does fly when you are having fun! Can you believe it has been 10 years since you first became a member of the "City Family." At this milestone the Mayor and Council would like to take time during the November 5, 2013 meeting to recognize your contributions to the City. A presentation is being scheduled at the very start of the meeting, which begins at 6:00 p.m., to extend to you a longevity service certificate and award. As a way of saying "Thank You"to our employees for their dedication, I would also like to point out that by reaching this milestone, there will be changes to your benefits. Beginning this month, your annual leave accrual will increase to 10 hours per month and 50 percent of your sick leave balance is eligible as a paid benefit, so long as separation with employment is on good terms. You have met the number of years of service that Education Reimbursement Contracts are no longer required. It is an honor for me to have the opportunity, along with the Mayor and Council, to offer a most sincere, "Congratulations, for a job well done. " May there be several more years to come. Should a scheduling conflict arise, please call my office, 763-3372 ext. 215. We will be sure and give you a reminder call the day of the meeting. Feel free to invite family members and friends so that they too, may share in this occasion. Sincerely, Lane 4;-6-io�tea, CIVIC City Clerk/Personnel Director LG/mj cc: via email Administrator Whitehall 55 S.E. Third Avenue - Okeechobee, Florida 34974-2903 - (863) 763-3372 - Fax: (863) 763-1686 \\(11,\IRN swam 1511%1 Presented To: KIMBERLY E. BARNES In Recognition of Your 10 -Years of Service, Hard Work, and Dedication to the City of Okeechobee, its Citizens, and your fellow employees October 20, 2003 to October 20, 2013 Presented on this 5th day of November, 2013 on behalf of the Mayor, and City Council, for the City of Okeechobee, Florida James E. Kirk, Mayor Attest: .,L41`-- i�CZlzT La e GamiotedCMC, City Clerk , ti 7 F✓`� ✓ �_ � \a r` IU i n CP,� ' ��=/9pU pp ^� Gp F ✓ 0o C tl 1 04 V'y Zr , l ( �l' .4�gU� Z 1 C0')' JL *1; l"'q \ ( / � l ✓ .I /�\�`W I 0 Oki 10. \JP •.• „ fr 00 ))l .1) 6 �l. Office of the Mayor, City of Okeechobee, Florida extends this Expression of Appreciation to Q 6 iCJ AO- In Recognition of your Volunteer Service to the Community. The City and your Fellow Citizens have Benefitted greatly by your unselfish Dedication in your Performance while serving on the: Plannin g Board, Board of Adjustment, and Design Review Board Appointed May I, 2004, serving three consecutive terms until October 31, 2013 Q 12) 6 -x J Akio frl 00 In witness whereof, I have hereunto set my hand and caused this seal to be affixed on his 5th day of Novemb ;r, 2013, Et 9 0 40. c _ ,., ............ mIMST,.) — Mik.,.. . “orli . ...Imo.. er.S... .......lim. . ../S.,,,L. �`, �� R 1 J ° d Ztk 0 Exhibit I Nov 5, 2013 MEMORANDUM TO: Mayor Kirk and Council DATE: October 30, 2013 Member FROM: City Clerk Gamiotea SUBJECT: Correct Aug 20 & Sept 17 Minutes I am requesting that the City Council consider corrections to two sets of minutes previously approved. The purpose for the corrections is to accurately reflect personnel changes for the Public Works Department. The minutes reflect that both the Mechanic I and Mechanic 11 positions would be deleted from the Salary Step Plan. However, that is incorrect. In addition, I wanted to clarify that the Maintenance Foreman position would not be deleted until Mr. Lamb retires. Please see attached, corrected page 6 of 24 for the August 20, 2013 Regular Meeting and Budget Workshop, and Page 12 of 12 of the September 17, 2013 Regular Meeting and Final Budget Hearing. Language struck through is to be deleted. Language underlined is being added. Since these were approved by motion, a motion would be necessary to amend them as well. Thank you and please call me with any questions you may have. AGENDA IV. BUDGET WORKSHOP CONTINUED, X Discuss the proposed 2013-2014 Fiscal Year Budget continued, RECESS BUDGET WORKSHOP - Mayor. RECONVENE SESSION - Mayor. II. OPENING CEREMONIES: Invocation to be given by Reverend Loy Mershimer, Okeechobee Presbyterian Church; Pledge of Allegiance led by Mayor. AUGUST 20,2013 - REGULAR MEETING & BUDGET WORKSHOP - PAGE 6 OF 24 COUNCIL ACTION -DISCUSSION - 541 -Public Works: Total Personnel Cost: $ 573,320.00 Total Supplies and Other Services: FY 2013114 Proposed Total: $1,070,817.00 FY 2012f13 Budgeted Total: $1,059,746.00 Difference: $ 11,071.00 Changes/Discussion: As denoted on page 23 of the proposed budget, this reflects an increase in rerirement contribution (+$302), increases in health (+$6,044), workers'compensation (+$4,370) and property/casualty (+$1,304) insurance premiums, with associated benefit adjustments. Increased Supplies and Other Services by $8,348.00. See also Page 30, Capital Improvements Projects Funds allocated $50,000 for Paft and Streetscape Improvements in the Parks Capital Improvement line item. Included is the Annual Salary Step, 1.5 percent increase for the 9 full-time employees and Bi-Yearly Salary Steps increases for the two pad -time employees, with minimum evaluation requirements being met. Director Allen submitted personnel changes by explaining, Mr. Lamb, who is preparing to refire, is the Maintenance Foreman, above him is the Operations Supervisor, then the Director. The remaining six employees are Maintenance Operators, with one being designated as a Mechanic. He is proposing the department organization to be Director, Operations SuperVisor, delete the Foreman position (upon Mr. Lamb's retirement), create two Lead Operatorls positions, the remaining five would be leaving fou Maintenance Operators, with and one as -a Mechanic I /Maintenanee ep The Salary Step Plan would need to be modified to include salaries for two Lead Operator positions, with a base salary (Step 1) of $33,486.50, ',#a salary lines "M ainteriance Foreman, Ideehaniv, and Meehanie !I would be deleted fmm the Step Plan. Job descriptions will need to be created andlo amended appropriately. MAYOR KIRK RECESSED THE PROPOSED 2013114 FY BUDGET WORKSHOP AT 5:59 P.M. MAYOR KIRK RECONVENED THE WORKSHOP AT 6:05 P.M. THEN ANNOUNCED THE WORKSHOP WOULD RECESS UNTIL THE END OF THE MEETING, HE THEN CALLED THE REGULAR SESSION TO ORDER. In the absence of Reverend Mershimer, of the Okeechobee Presbyterian Church, Council Member Watford offered the invocation; Mayor Kirk led the Pledge of Allegiance. IX. FINAL BUDGET PUBLIC HEARING CONTINUED. D. 2. b) Public comments and discussion for adopting proposed Ordinance No. 1105 continued. c) Vote on motion. CLOSE FINAL BUDGET PUBLIC HEARING - Mayor. X. ADJOURN MEETING - Mayor. Please take notim and be advised thatwhen a person decides to appeal any decision made by the City Council with respect to any mafteroDnsidered at this meeting, he/she may need to insure that a verbatlmrecord of the proceeding is made. which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: Lane Gamiotea, CMC, City Clerk Dowling R. Watford, Jr., Mayor Pro-Tempore SEPTEMBER 17,2013- REGULAR MEETING &FINAL BUDGET PUBLIC HEARING- PAGE 12 OF 12 COUNCILACTION -DISCUSSION -VOTE Council Member Maxwell echoed the same concerns, but added that many of the expenditures in this budget are geared toward creating revenue, and hopefully the projects will stimulate growth, He also suggested, and Council agreed that the budget strategy sessions begin in March in order for the Council to give guidance on the budget direction and give plenty of time to implement. The Council also noted the importance of a mid -year review. An additional item to note for future discussion, amendments to the pension plan. The proposed budget included personnel changes of individuals, adding a Sergeant position for the Detective Division, and combining Officer/Detective positions on the Salary Step Plan for the Police Department. fl*ft-addftiei�, Personnel changes in the Public Works Department by deleting the positiont*R&-ehanie 1 and II, adding two Crew Leader positions, one Maintenamee Opefater position will be amended to ineltide the Meehanie job duties, wi ehamje-.9r(ee and upon Mr. Lamb mk" Lejj�, the Maintenance Foreman position will be deleted. Employee job titles were approved, together with the Salary Step Plan, which included a 1 percent cost -of -living salary increase for all full-time positions effective October 1 " (see Salary Step Plan included in Exhibit 5 listing job titles and number of employees in those positions). The part-time positions, excluding the Mayor and Council positions, VAII also receive the I percent increase. However, it will be implemented within their step, in order to maintain consistency with how their bf-annual salary steps and amounts are implemented (see proposed Part -Time Salary Step Plan included in Exhibit 5). VOTE ON MOTION AS AMENDED KIRK - ABSENT MAXWELL - YEA O'CONNOR-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED As AMENDED. MAYOR PRO-TEM WATFORD CLOSED THE FINAL BUDGET PUBLIC HEARING AT 7-51 P.M. There being no further discussion nor items on the agenda, Mayor Pro-Tem Watford adjourned the meeting at 7:51 p.m. The next regular scheduled meeting is October 1, 2013 at 6:00 p.m. Exhibit 2 Nov 5, 2013 MEMORANDUM TO: Mayor I & Council FROM: Lane Gamiotea, City Clerko DATE: 10/30/2013 SUBJECT: Proposed Ord #1106, Amending Ord #971, Alley Closing #85 2/20/07 - Ordinance #971, adopted 2/20/2007 - Alley Closing Application #85 - Property Owner: InSite Development LLC - Development Name: Southern Trace - Closed the North to South and East to West alleyways in Blocks 12 and 21, and the East to West alleyways in Blocks 4, 13, and 20, City of Okeechobee Subdivision. - Ordinance contained reversionary rights language, Certificate of Occupancy to be issued within 36 months or ordinance is void and alleys are open as of February, 2010. - Subdivision part of the Hamrick Trust. Owners obtained Quit Claim Deeds upon purchasing the alleyways from the Hamrick Trust, and have been paying the taxes on them since 2010 for Blocks 12 and 2 1, and 2011 for the Blocks 4, 13, and 20. - On May 13, 2011, Mr. Irving Haase contacted our office to find the best solution in resolving the reversionary clause as he was unable to acquire financial lending due to a clouded title on the alleys. Mr. Haase went on to say that when he and Mr. Dobbs appeared before the City Council on October 19, 2010, the Council reaffirmed the Site Plan for Southern Trace, and the Developers'Agreement effective date of January 20, 2009, term being for 10 years, he was under the impression that this would include the alleys since they are part of the development site plan. I explained the alley closings were a separate document, they were not mentioned at the meeting, and suggested he contact Attorney Cook to resolve theissue. A few weeks ago, Mr. Steve Dobbs contacted my office on behalf of I nSite Development, LLC, explaining they had not resolved the title issue with the alleys and asked the procedures to amend Ordinance #971 to delete the reversionary rights section. Upon review of the issue with Attorney Cook, proposed Ordinance #1106 was drafted for City Council consideration. What has changed since 2007: Property Owners for Lots 4-8 and part of 9 in Block 21. Attachments for supporting information: A-1 Proposed Ord #1106 A-2 Adopted Ord #971, City Council Minutes: 2/20/07 Pages 3-4 & 1/16/07 Pages 6-8 A-3 Quit Claim Deed 9/28/10, Blocks 12 and 21 A-4 Quit Claim Deed 12/30/11, Blocks 4, 13, and 20 (restating E/W alleys in Blocks 12 & 21) A-5 10/19/10 City Council Minutes, Pages 5-6 dealing with Developers Agreement ORD*INANCE NO. 1106 A-1 AN ORDINANCEOF THE CITYOF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 971 VACATING CERTAIN ALLEYWAYS BY RESCINDING SECTION THREE, RIGHT OF REVERSION AND ADDING A SECTION TO PROVIDE FOR CONFLICTS AS NUMBER FOUR, AND A SECTION TO PROVIDE FOR SEVERABILITY AS NUMBER FIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 971 on February 20, 2007, which addressed Alley Closing Application No. 85, submitted by Steve Dobbs, on behalf of the property owners InSite Development Group, LLC; and WHEREAS, such Alley Closing Application requested to close the North to South alleyways in Block 12 and 21, together with the East to West alleyways within Blocks 4,12,13,20, and 21, City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, in orderto accommodate the site for a multi -family development; and WHEREAS, the Ordinance provided that in the event the property owner fails to obtain a Certificate of Occupancy for the development within 36 months, the alleyways will be declared open; and WHEREAS, due to the dedication provisions of the City of Okeechobee Subdivision, said owner obtained a Quit Claim Deed for the North to South and East to West alleyways in Block 12 and 21, recorded in Official Record Book 692, Pages 0212- 0213, Public Records of Okeechobee County, Florida; and the East to West alleyways in Blocks 4, 12, 13, 20, and 21, recorded in Official Record Book 726, Pages 1967-1968, Public Records of Okeechobee County, Florida; and WHEREAS, owners are requesting the Right of Reversion be deleted in order to obtain a clear title of said alleyways; and WHEREAS, after review of the request, the City Council finds it is a legitimate public interest for the alleyways to remain vacated, and is a proper exercise of municipal authority of the City of Okeechobee as a discretionary function. NOW, THEREFORE, BE IT ORDAINED by 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 One: That Ordinance No. 971 be amended as follows: . of Reversion. in the event that the said ecti 04 obtain within thirty-six months hereof -o property ff.m.F14--r to Gertificate of Occupancy fartheirfuttire development, then said alleys shall be deelared open and the provisions of this ordin.-.-..-.- null and void. Section Three: Four: The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Four: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section Five: Sev&ability. If any section, subsection, sentence, clause, phrase of this ordinance, or the garticular application thereof shall be held invalid by any court, administrative agengy, or other body with apl2ropriate iurisdiction, the remaining section, subsection, Language to be added is underlined Language to be deleted is to be struck through Ordinance No. 1106 Pagel of 2 sentences, clauses, or qhrases under apOication shall not be affected thereby. Section FPft— Six: Effective Date. This ordinance shall be set for final public hearing the 20'h day of February, 2007, and shall take effect immediately upon its adoption. Section Two: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section Three: Severability. If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriatejurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. Section Four: Effective Date. This ordinance shall be set for final public hearing the 19'h day of November, 2013, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 51h day of November 2013. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 19" day of November, 2013, ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added Is underlined Language to be deleted is to be struck through Ordinance No. 1106 Page 2 of 2 A-2 ORDINANCE NO. 971 AN ORDINANCE CLOSING, VACATING AND ABANDONING THEALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCKS 4,12,13, 20 AND 21, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLATBOOK 5, PAGE 5 OFTHE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A PERPETUAL NON-EXCLUSIVE EASEMENT FOR UTILITY PURPOSES; PROVIDING FOR A RIGHT OF REVERSION; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 85) from Steve Dobbs, on behalf of InSite Development Group, LLC, for the closing of certain alleyways as described In this ordinance to utilize the property for future development; and WHEREAS, various utility companies have requested easements within certain blocks due to existing utilities located within those alleyways; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by 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 property executed by the Mayor or designee, as Chief Presiding Officer for the City: Section!Qne. The alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: The alleyway running East to West located between Lots I through 13, Inclusive and Lots 14 through 26, Inclusive of Block 4; and '0 0 The alleyways running East to West located between Lots I MMM through 10, Inclusive and Lots 17 though 26, inclusive, and running North to South between Lots 10 and 11 through 16, A Inclusive and 17 of Block 12; and 'C.� The alleyway running East to West located between Lots 1 through 13, Inclusive and Lots 14 through 26, inclusive of Block 13; and Amm The alleyway running East to West located between Lots 1 JD'= M V through 13, Inclusive and Lots 14 through 26, Inclusive of Block rn 0-M 20; and -Vmw_ The alleyways running East to West located between Lots 1 @ through 10, Inclusive and Lots 17 through 26, Inclusive, and ;Z running North to South between Lots 10 and 11 through 16, TW_ Inclusive and 17 of Block 21. Page 1 of 2 Book624/Page871 CFN#2007002994 Page 1 of 2 All located within the City of Okeechobee Subdivision, according to the plat thereof as recorded In Plat Book 1, Page 10, and Plat Book 5, Page 5, of the public records for Okeechobee County, Florida, SectlonTwo Utlilly I:aseMents The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, the following perpetual, non- exclusive easements for public utility purposes: Block 20: An easement, 15 feet In width, running East to West between Lots 13 and 14, inclusive of Block 20, City of Okeechobee, as recorded In Plat Book 5, Page 5, public records for Okeechobee County, Florida. Block 21: An easement, 15 feet In width, running East to West between Lots 1 through 10, and 17 through 26, Inclusive, and an easement 15 feet In width running North to South between Lot 10, 11 through 16 and 17, Inclusive of Block 21, City of Okeechobee, as recorded In Plat Book 5, Page 5, public records for Okeechobee County, Florida. Section Three Right A Reversion. In the event that the said property owner fails to obtain within thirty-six months hereof a Certificate of Occupancy for their future development, then said alleys shall be declared open and the provisions of this ordinance declared null and void. I Section Four. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. ,gection Five. This ordinance shall be set for final public hearing the 20 h day of L February, 2007, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hea is M!day of Janue 2007... ST:' Jam4's E. Kirk, Mayor Lane'Gamlotea(CMC, City Clerk PASSED �nd ADOPTED on second and final public hearing this gq! day of Februs 2007. James E. Kirk, Mayor W—I Lane Gamioteaf, CMC, City Clerk REVIEWEP FOR LE L SUFFICIENCY: P jokn--A-. Cook,'Clity Attorney - Page 2 of 2 Book624/Page872 CFN#2007002994 Page 2 of 2 722 FaRuARY 20,2007 -REGULAR MEETING -PAGE 3 OF 14 VII. PUBLICkEARIN G FOR 6RDINANCE ADOPT . 10'N 'CONTINUED. A. 1. Discussion and public comments continued, Council Member Watford asked whether the IngreWegress proposed by the applicant will still be aligned at the signalized intersection at East I I? Avenue? Mr. Tucker answered yes. 2. Vote on motion. VOTE KIRK - YEA MARKHAM - AssENT WATFORD - YEA C. WILLIAMS - YEA L WILLIAMS - YEA MOTION CARRIED. 8. 1. a) Motion to read -by title only proposed Ordinance No. 971 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 971 regarding Alley Closing Application Alley Closing Application No. 85, InSite Development Group, LLC - No. 85, InSfte Development Group, LLC; seconded by Council Member L. Williams. City Attorney (Exhibit 2). b) Vote on motion. VOTE KIRK - YEA MARKHAM - ApsENT WATFORO - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) Cily Attorney to read proposed Ordinance No. 971 by title only. Attorney Cook read proposed Ordinance No. 971 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THEALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCKS 4,12,13,20 AND 21, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A PERPETUAL NON-EXCLUSIVE EASEMENTFOR UTILITY PURPOSES, PROVIDING FOR A RIGHT OFREVERSION, ANDOIREC77MG THE CITYCLERK TO RECORD THEORDINANCEIN THEPUBLICRECORDS OF THE CLERK OF THE CIRCUIT COURTIN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR ANEFFEC77VE DATE" 2. a) Motion to adopt proposed Ordinance No. 971. Council Member L. Williams moved to adopt proposed Ordinance No. 971; seconded by Council Member Watford. b) Public comments and discussion. The purpose of the ordinance is to close the East to West and the North to South alleys in Blocks 12 and 21, and the Ea,:,'to West alleys in Blocks 4,13 and 20, City of Okeechobee Subdivision. Alley Closing Application No. 85 was submitted by Steve Dobbs, on behalf of property ownei InSite Development LLC. Easements are being requested by Florida Power � Light, Embarq and OUA. The property is proposed to be used for a multi -family development. There were 62 letters sent to surrounding property owners with no response to date. 17711 H F,Tl d 723, FEBRUARY 20,2007 - REGULAR MEETING - PAGE 4 OF 14 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. Mayor Kirk asked whether there were any question or comments from the public? Mr. Steve Dobbs, representing the applicant, addressed the Council and distributed a revised site plan. The density Pas changed from 255 units to 238, and the dub house has been removed. Mr. Dobbs reviewed the site plan and was inquidng an acceptance from the Council of what was presented. Administrator Whitehall interjected that the revised site plan presented Will need to go back to the Technical Review Co6iftee (TRC) for approval. The Council should only be considering the alley closings at this meeting, Mr. Dobbs noted that was correct and he was not trying to get things out of order, but trying to respond to the Council's density concerns. Council Member Markham was the one who brought the density issue to the Councirs attention, and in a memorandum submitted by him, he noted that he had reviewed the revised site plan, as presented, and it appears to be a better solution, he would not object to closing the alleyways with this type of plan, He also appreciated the applicant decreasing the density. Council Member C. Williams remarked that he has reservations about the whole project, this area has a lot of these type of apartments already. Council Member Watford also had reservations, it is a lot of alleys to close at one time, but the issues at hand have been addressed. He also asked for reassurance from Mr. Dobbs in regards to a reoccurring appearance before the City Council to ask for Special Exceptions or Variances for this project. Mr. Dobbs understood what Council Member Watford was saying and stated he wante . d this to be a good project and wig do everything by the code. Ms. Mary Hinton, Governmental Liaison of InSite Development, LLC, was present and informed the Council that there is a need for affordable and attainable housing for professional services, such as nurses, teachers, police officers and firefighters, She herself is a nurse and so she knows firsthand the need for nurses. She has contacted the School Board and they have told her of their need for teachers. This project will be able to provide the type of housing with an option to buy that is needed for these professions and for the area. c) Vote on motion. 10TE IORK - YEA MARKHAM - ABSENT WATFORD-YEA C. WILLIAMS - YEA I_WwAms-YEA MOTION CARRIED. C. 1. a) Motion to read by title only, proposed Ordinance No. 974 regarding Council Membefflatford moved toamend proposed Ordinance No. 974 regarding RezoningApplication No. 07al-R, Rezoning Application No, 07-001-R, submitted by William Mason - submitted by Wilgain Mason, to add "Residential Multiple Family (RMF) and" In front of Holding and read by title only; City Planning Consultant (Exhibit 3). seconded by Council Member L, Williams. b) Vote on motion to read by title only. VOTE KJAK - YEA MARKHAM - ABSENT WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA Momom CARRIED. 700 IX NEW BUSINESS. A. Motion to rescind the previous motion postponing the final public hearing date from December 5, 2006 until February 6,2007 for proposed Ordinance No. 963; changing the final public hearing date for propoged Ordinance No. M to be after the Technical Review Committee. approves the Preruninary Site Plan - City Attorney (Exhibit 4). 1. a) Motion to read by title only and set February 20, 2007 as a final public hearing date for proposed Ordinance No. 971 regarding Alley Closing Application No, 85, InSite Development Group, LLC - City Attorney (Exhibit 6). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 971 by title only JANUARY 16,2007 - REGULAR MEETING - PAGE 6 or 9 Council Member Watford moved to rescind the previous motion postponing the final public hearing date from December 5, 2006 until February 6, 2007 for proposed Ordinance No. 963; changing the final public hearing date for proposed Ordinance No. 963 to be after the Technical Review Commiftes approves the Preliminary Site Plan; seconded by Council Member L. Williams, In addition to the rezoning petition for this properly, the Small Scale Map Amendment, Ordinance No. 961, Application No. 06-012-SSA has been challenged for review by the surrounding property owners to the Department of Commurfdy Affairs. The Council noted that the final rezoning cannot t� adopted until thgt issue is resgived as well Attorney Cook will con�nue to keep the Mayor and Council informed through the Administrator on the progress of the situation, YO-TE KiRK - YEA MARKHAM - YEA WATFORD - YEA C. WIWAMS - YEA L. WILUAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only and set February 20, 2007 as a final public hearing date for proposed Ordinance No. 971 regarding Alley Closing Application No. 85, InSite Development Group, LLC; seconded by Council Member C. Williams, KjRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 971 by We only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HERE14 WITHIN BLOCKS 4,12,13,20 AND21, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK5, PAGE 5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA, RESERVING UNTO THE CffY ITS SUCCESSORS AND ASSIGNS A PERPETUAL NONEXCLUSIVE EASEMENTFOR U77UTY PURPOSES, PROVIDING FOR A RIGHT OFREVERSION, ANDDIRECTING THE CITY CLERK TO RECORD THE ORDINANCEIN THEPUBLICRECORDS OF THE CLERK OF THE CIRCUff COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR ANEFFECTIVEDATE" 0 L JANUARY 16,2007 - REGULAR MEETING - PAGE 7 OF 9 701 IX NEW BUSINESS CONTINUED. B. 2. a) Motion to approve the first reading of proposed Ordinance No. 971, Council Member C. Williams moved to approve the first reading of proposed Ordinance No. 971; seconded by Council I Member L. Williams. b) Discussion. Alloy Closing Application No. 85 was submitted by Steve Dobbs, on behalf of property owner InSite Development LLC. The purpose of the ordinance is to close the East to West and the North to South alleyways of Block 12 and Block 21, Okeechobee and the East to West alleys of Block 4, Block 13 and Block 20, Okeechobee. Easements are being requested by Florida Power & Light, Embarq and OUA. The property is proposed to be used for a mufti -family development. Mayor Kirk, Council Member$ C. Williams, L. Williams and Markham noted for the record that they met with the Engineer (Steve Dobbs) on the project prior to the meeting and reviewed the plans with him to have a better understanding of the project. Council Member Watford noted that he was only able to speak with Mr. Dobbs briefly by telephone. Council MemberMarkham noted the amount otdensity thatwill be increased concerned him, specificallythe density per block once the alleyways are closed and the area is replafted. Basically, an additional 2.64 acres will be added for the alleys alone. Replafting will allow even more. A Future Land Use Map Amendment and Rezoning must still be processed as well. The development will have to meet the minimum lot standard, and the gross density, pervious and impervious standards. The point is still valid by Council Member Markham, since in essence it increases the density per block. A Planned Unit Development could be used *as a not cluster which is greater density than the existing lot sizes, as opposed to the project only consisting of one block. This development is in the area of the City's North drainage ditch. Drainage is a burden as it is, but the additional density could put more burden on the drainage situation. The discussion then focused on how the water flows from one block to another in order to accept run off since Block 22 is not being proposed for any type of on site retention. Mayor Kirk noted that with the lake the development has to construct, it appears the City might have better drainage than with just the alleyways staying there. Council Member Markham responded that yes you have more, but you will burden the area more with the additional density. You have to hold more water in retention due to the number of units per acre. Council Member Watford commented that the density is a good point, this is one of the largest projects, I believe, we have had to take action on. We may need to look at what we have done for other developments. We have helped them by closing the alleyways, so the question I need to resolve is, is this any different from any other development that consisted of one or two blocks? 702 JANuARY 16, 2007 - REGULAR MEETING - PAGE 8 OF 9 IX. NEW BUSINESii CONTINUED. B. 2. b) Discussion continued. Mayor KIrkand Council Member Watford suggested that the first reading be apRroved, and that each membe Will have amRle time to research the density issues. They also stated their appreciation to Council Member Markham for bringing this to their attention. c) Vote on �otlon. VOTE KIRK - YEA MARKHAM - No WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. C. Motion to approve the 2007 Grievance Committee - City Clerk Council Member Watford moved to approve the 2007 Grievance Committee; seconded by Council Member C. (Exhibit 6). Williams, members are as follows: DEPARTME REGULAR MEMBER ALTERNATE MEMBER Admin/Clerk/Fin/Gen Sery Robin Brock Melisa Eddings Fire JeffBaugh Phil Conroy Public Works Marvin Roberts' Clint Gould Police Tom Tamer Victoria Williams VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. D. Motion to approve Alternate Bid A for the NE 19h Street Extension - Council Member Watford moved to award Alternate Bid A for the Northeast 1 e Street Extension to Telehar in the City Administrator (Exhibit 7). amount of thirty thousand, nine hundred fifty-four dollars ($30,954.00); seconded by Council Member Markham. Administrator Whitehall explained the funds are available since Alternate Bid A is not eligible for grant funds. Mr. Robert Myers will be reimbursing the City for this project. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. E. Motion to approve a bid regarding acquisition of a shed to be placed Council Member Watford moved to award a bid to Troxell's in the amount of four thousand four hundred dollars at the City Bam- City Administrator (Exhibit 8). ($4,400.00) regarding acquisition of a shed to be placed at the City Bam; seconded by Council Member C. Williams. IThe shed will be used for an evidence storage building for the Police Department. Prepared by and return to: PAUL J. LANE, Esq. 2415 N. University Dr. Coral Springs, Fl. 33065 FIUE HUM 2010010640 OR BK 00692 PG 0212 SHARON ROBERTSONY CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FLORIDA RECORDED 10/06/2010 02:24:03 PM ANT 43y444.00 RECORDIkJG FEES $18.50 DEED DDC\t304.50 RECORDED Y S Creech A-3 Pss 0212 - 213; (2pss) QUIT CLAI14 DEED Z( This Quit Claim Deed, made this -2e day ofSZPJ-ej_44!,- , 2010, between H. G. Culbreth, Jr., Co -Trustee and David 0. Hamrick, Co -Trustee, as Trustees of the Richard Ellis Hamrick a/k/a R. E. Hamrick Trust U/W, whose post office address is Box 848, Okeechobee, Florida 34973, grantors, and INSITE DEVELOPMENT GRP LLC, , whose post office address is 3201 South Ocean Blvd., PH2, Highland Beach, Fl. 33487, grantee. (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees.) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00), and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt of whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, E1 .11he right title, interest, claim and demand which grantor has in and to lowing described land, situate, lying and being in Okeechobee County, Flo wit : The alleyways zu 10 inclusive and to South between Block 12; and The alleyways runnin�ISEali 10 inclusive and Lots 17 to South between Lots 1 Block 21. West located between Lots 1 through agh 26, inclusive and running North Ll, through 16, inclusive and 17 of t located between Lots I through �26, inclusive and running North J#xough 16, inclusive and 17 of All located within the City of Okeechobee Subdivision, according to the plat thereof as recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, of the public records for Okeechobee County, Florida. To have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, tit)-e, interest, lien, equity and claim whatsoever of the grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in presence of: WITNESSES: sign: (prirft name). deot Sh rewzs Sign: A49Y /L - - F - Z' print name) BY: H. G. Culbreth.�dr, Co -Trustee Dr%^1"CZ00 -10 t-%1:K14;0n4 nn -Ina A n 0-%^^ 1 ^4� 0 WITNESSES - sign CJ5 prin RNdl-E IAG_ Sign: k4A�. (pri STATE OF FLORIDA COUNTY OF (1,4e4.,e,6bee_ BY;j�_ t �eA���j X, David 0. Hamrick Co -Trustee I HEREBY CERTIFY that on this day, before me, dn officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared H. G. Culbreth, Jr., as Co -Trustee of Richard Ellis Hamrick a/k/a R. E. Hamrick Trust U/W [L.-< personally to me known to be the person described in and who executed the foregoing instrument or who provided proof of identification in the form of and he acknowledged before me that he executed the same. WITNESS my hand cial seal in the County and State aforesaid this day of 10. 3A"7'� a - My Commission Expires:a/ —NOTARY PUBLW STATE OF FLORIDA W=,Sv� a3!2013 COUNTY OF frj,4-M : t4_ Coffm Nm DD 852797 I HEREBY CERTIFY that on th�6/My, before me, an officer duly authorized in the State aforesaid and in,L_T,!�ojjnty��foresaid to take acknowledgments, personally appeared David 0. as o-Trustee of Richard Ellis Hamrick a/k/a R. E. Hamrick Trust U/W [ L-illersonally to me known to be the person described in and who executed the foregoing instrument or who provided proof of identification in the form of and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State aforesaid this 1�4 day of , A.D., 2010. My Commission Expires: OTARY'P� GLOMHE100M MycomMONII)DW58 EXPIRES: Apil 13, 2014 Page 2 of 2 D ^ ^ Ira n) to,-% rm ^') I ") f% C: K 140 n -10 fN -1 r%a A r) D^ro^ ') ^4: 1) ip" The quality of this image is equivalent to the quality of the original document Prepared by and return to: PAUL J. LANE, Esq. 7880 N. University Dr. Suite 200 Tamarac, Fl. 33321 Note to Recorder: No stamps/tax are required as this.is a transfer between related parties for no consideration and not subject to mortgage. QUIT CLAIM DEED FILE NUN 2013002246 OR BK 00726 PG 1967 SHARON ROBERTSONP CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYt FLORIDA RECORDED 03/05/2013 11:50:04 AM AMT 10.00 RECORDING FEES $18.50 DEED DOC 40.70 RECORDED BY L Shain A-4 Pss 1967 - 1968i (2p9s) This Quit Claim Deed, made this C- 2011, between INSITE ,W day of DEVELOPMENT GRP, LLC a Florida Limited Liability Company, whose post of fice address is 3201 South Ocean Blvd., PH2, Highland Beach, Fl. 33487, grantors, and INSITE DEVELOPMENT GROUP HOLDINGS, INC, a Florida Corporation, whose post office address is 3201 South Ocean Blvd., PH2, Highland Beach, Fl. 33487, grantee. (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trust4Zes.) Witnesseth, that said grantor, for ' $1.00 and other valuable consideration, being a transfer from the sole shareholder to his company in exchange for the stock of the company, does hereby remise, release, and quitclaim to the said grantee, and grant ' eels heirs and assigns forever, all of the right title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Okeechobee County, Florida, to wit: The alleyways running East to West located between Lots 1 through 10 inclusive and Lots 17 through 26, inclusive and running North to South between Lots 10 and 11, through 16, inclusive and 17 of Block 12; and The alleyways running East to West located between Lots 1 through 10 inclusive and Lots 17 through 26, inclusive and running North to South between Lots 10 and 11, through 16, inclusive and 17 of Block 21. The alleyway running East to West located between Lots 1 through 13, inclusive and Lots 14 through 26, inclusive, of Block 4; and The'alleyway running East to West located between Lots 1 through 13, imclusive and lots 14 through 26, inclusive, of Block 13; and The alleyway running East to West located between Lots 1 through 13, inclusive and lots 14 through 26, inclusive, of Block 26. All located within the City of Okeechobee Subdivision, according to the plat thereof as recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, of the public records for Okeechobee County, Florida. To have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. Page I of 2 Book726/Pagel 967 CFN#2013002246 Page 1 of 2 in Wltnese Mhereof, grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in presence of: WITNESSE sign-m:��'2 (print'n—ame) Sign: print name) &A *1 t,?M& STATE OF FLOQD 41 '12 COUNTY OF _e INSIT�-RJEVELOPMENT BY: �A& 11 Ad IRVING MGRM I HEREBY CERTIFY that on this -36) day of 0 e L , 2011, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Irving Haase as Manager Member of Insite Development Grp LLC ( I personally to me known to be t��eyerson described in and who executed the foreg t nt o:L who provided proof of identification in the*form. of ORI-1 - e and he acknowledged before me that he executed the same. my Commission Expires: NOTARY PUBLIC Vale 0i Fawa J . Nolm PwAr. n#EE9210i my es May j5 M '20% Page 2 of 2 R Book726/Pagel968 CFN#2013002246 Page 2 of 2 AGENDA DL NEW BUSINESS CONTINUED. -<� D. Motion to adopt proposed Resolution No. 10-10 continued. I r77 Discussion pertaining to the Southern Trace project - Steve Dobbs/Irving Haase (Exhibit 6), 5().)' OcTooER 19, 2010 - REouLAR Mim-me - PAoE Sop a USSION - VOTE I Attorney Cook read proposed Resolution No. 10-10 by title only as follows: % RESOLU77ON OF THE CITY OF OKEECHOM FLORIDA OPPOSING AMENDMENT 4 ON THE 2010 GENERAL ELECTION BALLOT, WWICH PROPOSESANAMENDMENTTO THEFLOPJDA CONS77TU77ONREQUIRING THATEVERYAKENDMENTTO A CITYS OR COUhWS COMPREHENSIVE PLAN BE SUBJECT TO A VOTE OF THE RESPECTIVE CITYS OR COUNTr$ ELECTORATE, PROVIDING AN EFFECTIVE DATE, 11 Council Member Watford iemarked that opposing Amendment No. 4 does not take away any this of the public, They still have a voice and a chance to practice their civic duties by being active on the City's Boards, and appearing at the various public hearings, VOTE KRK-YF.4 MARKfM - YEA O!COMNOR-YF-4 INATFORD - YEA WILIJAMS-YEA MonoN CARm. A potential apartment complex began the development process back in 2006 for Blocks 4111, 12,13, 21 and 22, City of Okeechobee Subdivision, for 217 multi-farrilly units. The property is located West of North Parrott Avenue, between Nodhwest 5P and 711 Avenues and Northwest 111 and 131 Streets, and is approximately 25,11 acres, The company that owns the property is InSlte, I-I.C. During the process of the rezoning, land use map changes, closing of alleyways and Site Plan approval, various investors of the development have changed. One owner, Mr. Irving Haase has remained throughout the process. Mr. Haase is also who signed the final Developer's Agreement, The project became victim of the economic downturn and was not developed. Mr. Haase now has new potential investors, and would like to sell InSfte LLC and the proposed development as already approved to the new owners, These now developers can not afford to start the entire approval process back to the beginning, as the project would not be worth the Investment, They are prepared to construct the project as approved by the Technical Review Committee on September 26, 2007. The problem is that a Site Plan is only good for two years, according to Code Book Section 70-348(2), therefore the Site Plan expired September 26,2009. However, the Developers Agreement was not approved until January 20,2009, with the Site Plan as an attachment. Mr. Steve Dobbs, Project Engineer, is requesting that since the development could not move forward with a building permit until the Developers Agreement was approved, the Site Plan's effective date should not be until January 20, 2009 and the agreement is good for 10 years. 5OG OCTOBER 19,2010- REGULAR MEETING- PAGE 6 OF 7 11 AGENDA IN COUNCILACTION -DISCUSSION -VOTE 11 DL NEW BUSINESS CONTINUED. E. Discussion pertaining to the Southern Trace project continued. F. Consider a motion to waive the formal bidding procedures and award a sole -source bid to Global Mapping, Inc. in the amount of $8,800.00 for annual mapping services - Gity Clerk (Exhibit 6) G. Consider City Council meeting schedule - City Clerk (Exhibit 7). Attorney Cook advised that another issue Is that the Developers Agreement does not address transfer of ownership. Should Mr. Haase sell the property to the new investors the Developers Agreement is null and void. The request being made is for the City Council to reaffirm the Southern Trace Development Site Plan as approved by Technical Review Committee on September 26, 2007, and that as long as the property remains in ownership of InSite, LLC, the individual owners can change without having to approve a new Developers Agreement. City Staff had no objections to the requests, Mr. Dobbs also noted for the record that he was one of the new potential investors for this project. Council MemberWatford moved to reaffirm the Site Plan for Southern Trace as submitted and approved by Technical Review Committee on September 26, 2007; and the Developers Agreement as approved on January 20, 2009; seconded by Council Member OConnor. Council Member O'Connor stressed to Mr. Haase and Mr. Dobbs who stated their understanding, that this approval is based on no changes to the Site Plan whatsoever. Attorney Cook concluded that so long as the property remained in the name of InSite, LLC, the legality of the Developers Agreement should not be an issue. Therefore, further action on that matter is not necessary. VOTE KIRK - YEA MARKHAM - YEA O'CONINOR-YEA WATFORI)-YEA WLUAMS - YEA MOTION CARRIED. Council Member Watford moved to waive the formal bidding procedures and award a sole -source bid to Global Mapping, Inc, In the amount of eight thousand eight hundred dollars ($8,800.00),for annual mapping services; seconded by Council Member Markham. MOTE V4RK - YEA MARKHAM - YEA OCONNOR-YEA WATFORD - YEA WIU.IAMS-YFA MOTION CARRIED. Council Member Watford moved to amend the meeting schedule to have one meeting in November, being November 21d and change the time to 2:00 p.m., due to the elections, and one meeting in December, being December 71' at 6:00 p.m.; seconded by Council Member O'Connor, y Exhibit 3 Nov 5. 2013 CITY OF OKEECHOBEE (863) 763-3372- FAX (863) 763-1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM Ta, CITY ADmiNISTRATOR!S OTFIGE 55 SE AVBNUE OKEECHOBEE� FLORIDA34974 NAME: E)k c) 12*ry--et ADDRESS: 64909 TELEPHONE. 61,4416) FAX: MEETING: REGULAR SPECIAL 0 WORKSHOP Cl DATE: PLEASE SrATE THE ITE M YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: -2.� '7 -j V- ci- -c J. --- I PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKEDWITH: PLEASE STATE D�SIRED ACTION BY THE CIT)�,COUNCIL: --R -9-p-nt> �,"cd --)-a- -u. -- � -------- -------------- --- ------- ----------------------- PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: — - ---------------- ---------------------------------- IFA PRESENTATION ISTOBE MADE,PLEASE LIMITTHETIME TOTEN MINUTES UNLESS OTHERWISE APPROVED BY THE MAYOR. SIGNEDBY: DATE: CITY OF OICEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 218 Fax: 863-763-1686 SPECIAL EVENTS AND/OR.9 TEMPORARY STREET AND SIDEWALK CLOSING PERMIT APPLICATION - D- -- .1 - Ol Date Received: I () p Of 113) Date Issued: plication No: Date(s) of E vent: Date Paid: December 6 - 7,2013 Fee: TinfhrmitionT Organization: Okeechobee Main.' emPt NO: 65-0887929 Mailing Address: 55 S. ParFoft Avt- Contact Person: SharieTurgeen E-Mail Address: 0 so- ehobeemain-.�- . I ;wA ., : 863-357-6246 Home: Cell: qnmmnry nf netivitip-oz-- Wri p- MINIM 00,31iffITON141111MIM-1 H To mi, W-MMAT43 UMA Me- 3RTMA MilleT4 MoRro Mis M3#50@r;rgz- in, g4wis N20144004WITME M. MuNg MOMOMP. "110 TkT@;g� -jWSj - --------------- If-= w- -" FROM M-INMR-M. P-M-N. MW Mw F-w Proceeds usage: Beautification Projects, murals, city signage, etc for Okeechobee as designated and approved by Main Street board. I Please check requested Parks: Flagler Parks: o City Hall Park o #1 Memorial Park c�tQ an m g4 045 oN6 OR Address of event: Parcel ED: N 0 '. TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION If not using Park(s), provide event address: Street Address city State Zip Code Street(s) to be closed: 3rd and 4th Ave - SW Park mid block in front of park 4 to mid block park 3 Date(s) to be closed: December 6-7, 2013 Time(s) to be closed: 4:00 PM Dec 6-- 11 PM Dec 7 Purpose of Closing: —F—e-stLyal Traffic and use- of streets Attachments Reguired: Charitable Function Temporary Street and Sidewalk Closing 0- Site Plan 01- Original signatures of all residents, property owners and business owners affected by the closing. OR,. Copy of liability insurance in the amount of 0- Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee and $1,000,000.00 with the City of Okeechobee and RE. Hamrick Testamentary Trust as additional R.E. Hamrick Testamentary Trust as additional insured. insured. I* Proof of non-profit status 0- If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be 0- Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the Genera' I Services Department. 0- State Food Service License, if applicable. 0- State Food Service License, if applicable. 12,- State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note: 10-- Clean up is requked within 24 hours. > No alcoholic beverages permitted on City property, streets or sidewalks. 0- No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licensm You must have the appropriate license(s). > The Department of Public Works will be responsible for delivering the appropriate barricades. P- Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the city and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold -the city harmless- for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the applicant. 1% I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(8) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE 01 F INSURANCE MUST NAME CITY OF OKEECHOBEE AND R.E. HAAIRICK TESTAMENTARY TRUST AS ADDITIONAL INSURED. �—�a A'X Q-I I AQZjE_4� -� Applicant Signature Date .0000OFFICE USE ONLY6660 Staff Review City Engineer: Date: N /78 -Fire Department: Date: Building Official: I Im e-4i, L c' Date: Public Works: 6�11'e OEEI�01 Date: Police Department: -UT4,:�-146-�� A6LVIC, Date:, -BTR Department: A Date: j91,3 Ill City Administrator: Q-e- Fo I --c y- Date: A City Clerk: Date: NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Date A - October 30, 2013 To: Brian Whitehall, City Administrator Brian, .In regards to the Temporary Street Closing Application submitted by Okeechobee Main St. I noticed that they are requesting to close down South Park Street itself, along with the usual side avenue closings. The closing of the avenues between the parks is not a problem, and something we routinely approve. I am concerned however, about closing South Park St. The impact to the businesses located in the area notwithstanding; if we approve this closure I am confident that we will see this request in future Applications from other organizations. If Main Streets reason for requesting closure of South Park St. is due to a safety concern, the PD will provide an Officer in a marked patrol car to assist. Thanks //�?/ vv'� Major Peterson A Memorandum To: Brian Whitehall, City Administrator CC: Patty Burnette From: Jeffery C Newell, Building Official Date: 10/30/2013 Re: Snow Slide Regarding the application for the 2013 Top of the Lake Christmas Festival, I have two concerns: 1) Snow Slide: the potential for personal injury to the public is possible. I would recommend that the City of Okeechobee be held harmless in the event of any injuries to the public. 2) Any electrical supplied to the snow slide must be connected to a GFI circuit The snoxy slide area will have dampness due to the melting snow. The circuit used to power the slide area should be verified that it is a GFI circuit. I have reviewed the certificate of insurance and the City is a certificate holder. However, Iwould verify that the City is, in fact, held harmless in the event of any injury to the public. Jeffery Newell Robin Brock Subject: Christmas Festival Attachments: SCAN0413-00O.pdf From: Okeechobee Main Street [ ma i Ito: okms(d)okeechobeemai nstreet. net] Sent: Tuesday, November 05, 2013 2:56 PM To: 'Patty Burnette' Subject: Christmas Festival Attached are the signatures for the requested street closures. Closures need to be considered for 5 PM instead of 4 PM. Attached is information about the snow mixture as well. Sharie Turgeon Executive Director Okeechobee Main Street 55 South Parrott Avenue Okeechobee, FIL 34974 863-357-MAIN Visit our new website, you're gonna like what you see! www.okeechobeemainstreet.org sha ri e@i) okeech obeema in street. org 1 O7�k Closing Park St at PMonFriday December 6'20l3 Top ofthe Lake Christmas Festival Business Owner Print Owner Sign Leasee Print Le4see 5jgn IL t�, r) Closing Park St at 4, PM on Friday December 6, 2013 Top of the Lake Christmas Festival Business Owner Print Owner Sign Leasee Print Leasee Sign v-\ �-e,, CA U, k��, t-Y) Lf I CD ABOUTUS In 2001 we introduced Instant Snow Powder to the US market as the exclusive US agents for the Japanese Snowboard Parks (Snova) who were the first to develop and patent this type of snow. With over 25 years of experience in the gift industry, we immediately saw the potential for this amazing snow, the first "new" artificial snow in the U.S. market since shredded Styrofoam. We are the experts in using artificial snow for every possible use and are always available to help you decide on what you need and the most economical use of our fake snow. We also sell a simple snowfall machine which uses a different type of snow and adds another dimension to many types of events. We will be glad to help you choose the best type of snow for your intended use. Our offices and main warehouse are in Silicon Valley in Northern California, but we ship some items from our East Coast warehouses. We are currently selling SnoWonder Instant Fake Snow to professional photographers, filmmakers, gift stores, florists, designers, event planners, hotels, amusement parks, and ski resorts both in the US and worldwide. We also sell direct to consumers for every type of home use. If you are interested in using, selling, or distributing SnoWonder, contact our manager, Ricliard Baver . SnoWonder: Artificial Instant Fake Snow Powder that's enk1roarnent-aliv 61-iendh, for holiday decorations, window displays, party decorations, photography, hobbies and crafts for fun, entertainment and education. (D 2005/2013 Sno-Wonder.com FAQ'S 1. How much snow does it make? SnoWonder absorbs 50 to 100 times its volume in water, so a small amount of powder makes a LOT of snow. Each package is sold according to the amount of snow it makes, One tablespoon of powder makes about a quart of snow. The actual amount of snow it makes will vary with the mineral content of the water and the humidity and temperature of the room. 2. How long does it last? Except for slow surface evaporation, SnoWonder will last for days or weeks. Depending on the humidity, the surface will need to be refreshed by misting it with water from a spray bottle or by adding a little "wef' snow on top. Often just fluffing it up with fingers will mix the wetter snow with the drier surface. Where the snow is very thin it will need to be refreshed more often, but in thicker apptications, or where the snow is better contained, it will sometimes retain its wet look for weeks. 3. What is it? Is it safe and environmentally friendly? SnoWonder is a patented, safe and non -toxic polymer developed specifically to imitate most of the properties of snow. It can be used around children and pets, though mixing should always be supervised by an adult. No harm will come if eaten but, of course, it is not real snow and should not be eaten. SnoWonder is biodegradable and environmentally friendly but large amounts should be picked up after use and either mixed into garden soil (where it will help hold moisture while it breaks down) or disposed of. In Japan commercial quantities from the snowboard parks have been reused in agriculture. 4. Will it blow around or melt? No, a mixed batch of SnoWonder is 99% water and it will not blow around like Styrofoam or paper snow. It will not melt and the polymer will resist releasing the water, except for slow surface evaporation. 5. Does it need to be on a special surface? No, SnoWonder can be used on almost any surface except untreated wood. Glass, plastic, tile, mirror, ceramic are all ideal surfaces. The water will not affect most fabric and SnoWonder will not stain, but normal care should be taken on delicate or expensive surfaces. 6. How do you clean it up? SnoWonder is very easy to clean up. It can be picked up with any type of vacuum cleaner, swept or brushed off any surface, and washed off small items in the sink. 7. Does it irritate the skin? No, there are no chemical agents or irritants in SnoWonder. It is easy to brush or wipe it from your hands. 8. Can it be used outdoors? SnoWonder is intended for indoor use but can be used outdoors if it does not get too much sun. Of course, rain,Mll oversaturate it. In a covered outdoor location it does great as it loves the humidity in the air. 9. Can it be put on trees and plants? Yes, it looks great on evergreens, bonsai and many other plants. It may dry out a little faster in these situations. Avoid contact with soil because, like real snow, it will discolor. The coolness and moisture of SnoWonder is beneficial to most plants. Some fems and sensitive leaves may discolor from contact, so always test a small area first. 10. Why does it feel cold? Because it is 99% water. 11. Can it be reused? We reuse our snow several times by letting it dry out on a flat surface and adding water when we want it to reconstitute. Dust from the air and minerals in the water eventually prevent reuse�' 12. Who invented Sno Wonder? SnoWonder was originally developed in Japan more than 10 years ago, for use in indoor Snowboard parks. It is still used for that purpose, and at 27 degrees it is as fast as real snow for sports purposes. I 'A I --t E3 Exhibit 4 CITY OF OKEECHOBEE Nov 5, 20142 55 SE TBIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-.3372 ext. 218 Fax: 863-763-1686 SPECIAL EVENTS ANDIOR, rfEWORARY STREET AND SIDEWALK CLOSING PERAUT APPLICATION Paee I of 3 Date Received: 30— 1.3 Date Issued: Application No: - MIA- Date(s) of Event: ucu) R&G4 4 ; Fee: -WIA— Date Paid: AM fnformation: Organizatio : I Rcr- Solid ChV-iA'wjj_ I TaxExemptNo: CQ(16- Mailing Address: IfOl 5k/j 4�K S+� Contact Person: HcuNw-4-h Kell . + h E-MailAddress: tr\ U'Ve'. ccorv\ I Work: 'I WWA - q to'.3-- 1'Z49 I Home: I I Cell: 196 1�3 - 5A 2 — 01)44, 1 Stimmary af nethities: V R� WAIWORM."ITERM, INN MIN127=1 a" WEIR, 1100�� 1704 -b-zk1-+-iC- vl� Proceeds usaLye- Please check requested Parks: Flagler Parks: o City Hall Park E3 91 Memorial Park o #2' o #3 ' o #4 0 #5 0 #6 Address.of event: 4 of s. v\f OR Parcel ID: TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION Page 2 of 3 1 If not using Park(s), provide event address: �!Ql su\.] 44) S� Gkeechche_e, F Street Address city State Zip Code Street(s) to be closed: a=?_2eiyyczy, Date(s) to be closed: Ubw) . 4, Q0 4 Time(s) to be closed: Le 0-m ---' U0 0-Yn Purpose of Closing: Y-a 0 C,. + Attachments Renuired: Charitable Function Temporary Street and Sidewalk Closing Is- Site Plan 0- Original signatures of all residents, property owners and business owners affected by the closing, 0,- Copy of liability insurance in the amount of lo- Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee and $1,000,000.00 with the City of Okeechobee and R.E. Hamrick Testamentary Trust as additional R.E. Hamrick Testamentary Trust as additional insured. insuredL N-Proof of non-profit status 10- If any items are beingsold on City streets or sidewalks, a Temporary Use Permit (TUP) must be P*Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department. 0- State Food Service License, if applicable. 0- State Food Service License, if applicable. 0- State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private prop". No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note: 0- Clean up is required within 24 hours. lo- No alcoholic beverages permitted on City property, streets or sidewalks. 0- No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). Do- The Department of Public Works will be responsible for delivering the appropriate barricades. 0- Dumpsters and port-o4ets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the city and other regulations of other governmental regulatory agencies. The applicant win be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the city harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the applicant. I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 1)3- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey an the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE, MUST NAME CITY OF OKEECHOBEE AND R.E. HAMRICK TESTAMENTARY TRUST AS ADDITIONAL INSURED. q-j,;Q . Applicant Signature D 00116,OFFICE USE ONLYewao Staff Review City Engineer: Date: Fire Department- Date: Building Official: Date: Public Works: Date: Police Department: Date: BTR Department: Date: City Adbxinistrntor: Date: City Clerk: Date: t7 (5 NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COARLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT TmEpTy (30) DAyS PRIOR To EVENT FOR PERMITTING. I Temporary Street and Sidewalk* Closing submitted for review by City Council on Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Date 4V 1 6 W 41n uKeecno Dee, r i, - t-Toogie iv -taps Address 401 SW 4th St Okeechobee, FL 34974 14"K.':btav NQFG'7'.�-jl� Ex Exhibit 5 Nov 5, 2013 MEMORANDUM - 10 TO: Mayor and Council Members FROM: Clerk Gamiotea SUBJECT: Appointments to Citizen Board - PB/BOA/DRB DATE: October 29, 2013 The Planning Board/Board of Adjustment/Design Review Board has a vacancy for a Regular Member. Our procedure has been to move an alternate member to this position and then fill the alternate position with a new member. We have received two applications to date. Please consider: 1 A motion to move Les McCreary or John Creasman from Alternate to Regular Member, term being October 29, 2013 through April 30, 2014. (Replacing Kenneth Keller). 2. A motion to appoint Toni Doyle or Ed Mucherino as an Alternate Member (term will be determined as to which alternate is moved). Should you have any questions, or require additional information, please do not hesitate to contact me. f Exhibit 6 RESOLUTION NO. 2013-12 Nov 5, 2013 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RESCINDING RESOLUTION NO. 2013-10 IN ITS ENTIRETY; APPROVING A REVISED LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CROSSWALK IMPROVEMENTS IN CONJUNCTION WITH THE STATE ROAD 70 IMPROVEMENTS PROJECT; APPROVING A MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF TREASURYWHICH SETS FORTH PAYMENT SUBMITTAL AND PROCEDURES; PROVIDING TO AUTHORIZE THE MAYOR TO EXECUTE THE LOCALLY FUNDED AGREEMENT AND MEMORANDUM OF AGREEMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as FDOT, proposes to constructor reconstruct transportation facility improvements identified onthe Five - Year Work Plan as Project I D No. 425846-1-52-01, and FM No. 425846-1-52-02, State Road 70, from NW/SW4"Avenue to NE/SE 3rdAvenue, hereinafter referred to asthe "Project;"and WHEREAS, the City of Okeechobee requested that FDOT include street-scape improvements within the Project area in an effort to provide State Road 70, also known within the City Limits as North Park Street, with aesthetic amenities and traffic calming devices; and WHEREAS, FDOT required that the City of Okeechobee adopt a Resolution authorizing the execution and delivery to the FDOT, the agreement as identified as Locally Funded Agreement (Crosswalk Improvements), hereinafter referred to as the Agreement; and WHEREAS, FDOT has additionally required that the City of Okeechobee authorize the execution and delivery of a Memorandum of Agreement with the FDOT and Department of Financial Services, Division of Treasury to*establish an interest bearing escrow account and procedures; and WHEREAS, the City of Okeechobee has the authority, pursuant to Chapter 163, Florida Statutes, to enter into Agreements with FDOT to improve transportation facilities on the State Highway System, finding it in the best interest of the citizens of the City of Okeechobee. 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 ONE: That the Locally Funded Agreement, attached herewith as "EXHIBITA," sets forth the payment procedures to the FDOT to install patterned pavement at certain crosswalks, Per Pay Item 523-1, within the Project area and as set out in the Contract Plans, Sheet No. 160 through 163, dated September 27, 2013. Estimated cost being $72,112.00. SECTION TWO: That the Memorandum of Agreement, attached herewith as "EXHIBIT B," sets forth the procedures to establish an interest bearing escrow account to provide funds for the work set out in the Locally Funded Agreement and procedures. SECTIONTHREE: That James E. Kirk, Mayor for the City of Okeechobee, is authorized to execute the Agreement. Further directing the City Clerk to forward a certified copy of this Resolution, along with the executed Agreement to the FDOT. SECTION FOUR: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. Resolution No. 2013-12 Page 1 of 2 SECTION FIVE: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application thereof shall for any reason be held invalid or unconstitutional by any court of competent ju risd iction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION SIX: This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 5" day of November, 2013. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Resolution No. 2013-12 Page 2 of 2 Resolution No. 2013-12 — Exhibit A FM #425846-1-52-02 LFA: City of Okeechobee Page I of 5 LOCALLY FUNDED AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF OREECHOBEE This is an Agreement between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter, the "DEPARTMENT") and CITY OF OKEECHOBEE, (hereinafter, the "CITY") for the CITY to provide funds to the DEPARTMENT for patterned crosswalks. WITNESSETH I WHEREAS, at the request of the COUNTY, the DEPARTMENT has included in its Five Year Work Program the SR 70 at US 441 patterned crosswalks improvements under FM 4425846- 1-52-02 in Fiscal Year 2013/2014 (hereinafter, the "PROJECT"); and 2. WHEREAS, the estimated PROJECT cost is SEVENTY TWO THOUSAND AND ONE HUNDRED TWELVE DOLLARS ($72,112.00); and 3. WHEREAS, the CITY agrees to provide all funding to the DEPARTMENT for the cost of the PROJECT; and 4. WHEREAS, the CITY, by Resolution dated the 5 day of 2013, a copy of which is attached hereto and made a part hereof, has authorized the Mayor or Designee to enter into this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement, the parties agree as follows: I . The CITY shall, at least 14 (fourteen) calendar days prior to the DEPARTMENT's advertising the PROJECT for bid, furnish the DEPARTMENT a deposit in the amount of SEVENTY TWO THOUSAND AND ONE HUNDRED TWELVE DOLLARS ($72,112.00) for full payment of the estimated PROJECT cost for locally funded project number 425846-1-52-02. The DEPARTMENT may utilize this deposit for payment of the costs of the PROJECT. 2. The DEPARTMENT shall deposit the above amount in an interest bearing account with the Department of Financial Services, Division of Treasury, in the name of the Florida Department of Transportation and in accordance with the terms and conditions of the Memorandum of Agreement executed by the DEPARTMENT, the CITY and the Department of Financial Services, which is incorporated by reference into this Agreement. All deposits shall be made payable to the Department of Financial Services, Revenue Processing and mailed to the Florida Department of Transportation: Florida Department of Transportation OOC-GAO, LFA Section 605 Suwannee Street, MS 42B FM #425846-1-52-02 LFA: City of Okeechobee Page 2 of 5 Tallahassee, FL 32399 3. Failure of the CITY to deposit the amount and within the time frame specified above in Paragraph I shall be grounds for tennination of this Agreement. 4. The CITY agrees to provide additional funding as needed to complete the PROJECT. If the PROJECT is terminated by the DEPARTMENT through no fault of the CITY, the DEPARTMENT shall return to the CITY all the unexpended funds including interest on the deposit. 5. Interest from the Account shall be left in the Account to cover future deficiencies. 6. If the accepted bid amount plus allowances are in excess of the advance deposit amount, the CITY will provide an additional deposit within fourteen (14) calendar days upon notification from the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notify the CITY as soon as it becomes apparent the accepted bid amount plus allowances are in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation to pay for its full participation on final accounting as provided herein below. If the CITY cannot provide the additional deposit within 14 (fourteen) days, a letter must be submitted to and approved by the DEPARTMENT'S project manager indicating when the deposit will be made. The CITY understands that the request and approval of the additional time could delay the PROJECT, and additional costs may be incurred due to a delay of the project. 7. If the accepted bid amount plus allowances are less than the advance deposit amount, the DEPARTMENT will refund the amount by which the advance deposit exceeds the bid amount plus allowances if such refund is requested by the CITY in writing. However, failure of the CITY to request the refund from the DEPARTMENT shall not relieve the DEPARTMENT from its obligation to refund the amount determined on final accounting. 8. Should PROJECT modifications or changes to bid items occur that increase the total PROJECT costs, the DEPARTMENT shall notify the CITY in advance and provide documents for review and acceptance by the CITY. The CITY agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund the PROJECT. The DEPARTMENT shall notify the CITY as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation to pay during the PROJECT and on final accounting as provided herein below. Funds due from the CITY and not paid to the DEPARTMENT within 40 (forty) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Fla. Stat. §55.03. 9. The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred and sixty days (360) of final payment to the Contractor(s). The DEPARTMENT considers the PROJECT complete when the final payment has been made to all Contractor(s). All PROJECT cost records and accounts shall be subject to audit by a representative of the CITY for a period of three (3) years FM #425846-1-52-02 LFA: City of Okeechobee Page 3 of 5 after final close out of the project. The CITY will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess including any accrued interest will be made by the DEPARTMENT to the CITY. If the final accounting is not performed within three hundred and sixty (360) days, the CITY is not relieved from its obligation to pay and the Department is not relieved from its obligation to make the refund. 10. In the event the final accounting of total project costs is greater than the total deposits to date, the CITY will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The CITY shall pay interest at a rate as established pursuant to Fla. Stat. §55.03, on any invoice not paid within forty (40) calendar days until the invoice is paid. 11. The DEPARTMENT shall provide PROJECT schedule progress reports to the CITY in the standard format used by the DEPARTMENT and at intervals established by the DEPARTMENT.- The CITY will be entitled at all times to be advised, at its request, as to the status of work being done by the DEPARTMENT and of the details thereof. Either party to the Agreement may request and be granted a conference. 12. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. 13. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the CITY. The CITY shall not be obligated or liable hereunder to any party other than the DEPARTMENT. 14. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competentjurisdiction or by any other legally constituted body having thejurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 15. The parties recognize and accept the funding restrictions set forth in Fla. Stat. §339.135(6)(a), and Fla. Stat. § 166.24 1, which may affect each of the parties' obligations. Accordingly, the DEPARTMENT'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and the CITY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the CITY Comi-nissioners. The DEPARTMENT ensures that Fla. Stat. §339.135(6)(a) is contained in its contracts as required by this statutory provision. a. Florida Statutes §339.135(6)(a): The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding I year, but FM #425846-1-52-02 LFA: City of Okeechobee Page 4 of 5 any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than I year. 16. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 17. This Agreement shall continue in effect and be binding on the parties until the PROJECT is completed. However, the city's obligation to maintain the PROJECT after completion shall survive the term of this Agreement. 18. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document and executed by both parties. 19. Vendors/Contractors shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and Vendors/Contractors shall expressly require any subcontractors performing work orproviding services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 20. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 21. All notices under this Agreement shall be directed to the following: TO DEPARTMENT: Amy Setchell, Project Manager Florida Department of Transportation 801 N. Broadway PO Box 1249 Bartow, FL 33831-1249 TO CITY: Brian Whitehall, Administrator City of Okeechobee City Hall 55 SE P Avenue Okeechobee, FL 34974 FM #425846-1-52-02 LFA: City of Okeechobee Page 5 of 5 IN WITNESS WHEREOF, CITY OF OKEECHOBEE has caused this Agreement to be executed in its behalf, by �he Mayor or authorized designee, as authorized by Resolution Number 2013-12 , and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee. This Agreement shall become effective on: DEAPARTMENT to enter date. CITY OF OKEECHOBEE ATTEST CLERK (Seal) lane Gagiotea. Mayor jarms E. Kixk November 5, 2013 DATE PRINT NAME DATE CITY LEGAL REVIEW: BY: Novenber 5, 2013 John R. CDok, City Attorney DATE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST EXECUTIVE SECRETARY (SEAL) PRINT NAME BY: DISTRICT ONE SECRETARY OR DESIGNEE DATE PRINT NAME FLA. DEPT. OF TRANS. LEGAL REVIEW: BY: DATE DATE Resolution No. 2013-12 — Exhibit B MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this _, day of 1 201_, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as "TREASURY" and (City of Okeechobe hereinafter referred to as the "PARTICIPANT". WITNESSETH WHEREAS, FDOT is currently constructing the following project: Main Financial Project No.:425846-1-52-02 City:Okeechobee hereinafter referred to as the "PROJECT". WHEREAS, FDOT and the PARTICIPANT entered into a Locally Funded Agreement dated 7 201, wherein FDOT agreed to perform certain work on behalf of the PARTICIPANT in conjunction with the PROJECT. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of FDOT and the PARTICIPANT to establish an interest bearing escrow account to provide funds for the work performed on the PROJECT on behalf of the PARTICIPANT by FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1 . An initial deposit in the amount of SEVENTY TWO THOUSAND AND ONE HUNDRED TWELVE DOLLARS ($72,112.00) will be made by the PARTICIPANT into an interest bearing escrow account established by FDOT for the purposes of the PROJECT. Said escrow account will be opened with the TREASURY on behalf of FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. 2. Other deposits may be made by the PARTICIPANT as necessary to cover cost increases or the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. 3. Payment will be made as follows (check appropriate payment method): F-1 Wire transfer El ACH deposit F--1 Check A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. Following is the wiring and ACH deposit instructions: For wire transfers: Bank of America Account # 001009068974 ABA # 026009593 Chief Financial Officer of Florida Re: DOT — K 11 -78, Financial Project For ACH deposits: Bank of America Account # 001009068974 ABA # 063100277 Chief Financial Officer of Florida Re: DOT — K 11-78, Financial Project # If a check is the method of payment, the check shall be made payable to the Department of Financial Services, Revenue Processing and mailed to FDOT, OOC- GAO for appropriate processing at the following address: Florida Department of Transportation OOC-GAO, LFA Section 605 Suwannee Street, MS 42B Tallahassee, Florida 32399 A copy of this Agreement should accompany any deposits. When the check is mailed to Tallahassee, the District Office should instruct the PARTICIPANT to mail the District Office a copy of the check. 4. FDOT's Comptroller or designee shall be the sole signatories on the escrow account with the TREASURY and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the PROJECT as defined in the LFA. 6. The TREASURY agrees to provide written confirmation of receipt of funds to FDOT. 7. The TREASURY further agrees to provide periodic reports to FDOT. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF TREASURY PARTICIPANT SIGNATURE Jangs E. Kirk, Lh�®r PARTICIPANT NAME & TITLE 55 Southeast 3rd Avenue PARTICIPANT ADDRESS aceerinbee, norida 34974 FEDERAL EMPLOYER I.D. NUMBER F, Exhibit 7 *"M *,Ity of Okeechobee Nov 5, 2013 Brian Whitehall Office of the City Administrator For the Nov 5 2013 City Council meeting TO: Mayor & City Council FR: Administrator & Police Chief RE: 2014 Squad car & equipment purchase Summary Squad car purchase — On the agenda is approval of bids for the thirteen (13) 2014 squad cars the City anticipates purchasing this year as part of the FL Sheriffs Assoc purchasing process from Auto Nation Chrysler Dodge Jeep Ram of Pembroke Pines at a total cost of $275,067 ($21,159 ea.). The City purchased 16 cars the year before last and 14 cars last year ($297,053, $21,216 ea.). To equip the cars we have a quote from Dana Safety Supply, Doral FL, which includes the light bars, consoles, brackets, switches, and installation of same at a total price of $36,131. The City budgeted for $318,500 (13 cars X $24,500) and $39,000 (13 equipment stuff X $3000). We required Okeechobee Dodge to provide a quote prior to securing the State bid in order to derive a fair/competitive bid. Their bid was $24,624.88 per car and again, the State bid was $21,159. Re-cammendation: (A.,',Nlotion to award the purchase of thirteen (13) - 2014 Dodge Charger Police package squad cars to Auto Nation Chrysler Dodge Jeep Ram, Pembroke Pines, FL at a unit cost of $21,159 under the Florida Sheriff's Association purchasing process. 2. Motion to approve the purchase of related equipment for the squad cars, including light bars, consoles and.parts necessary including the installation thereof from Dana Safety Supply, Doral, FL (Corp headquarters - 5221 W Market St, Greensboro, NC) at a total cost of $36,131 under a sole source purchasing process. 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 763-3372 - Fax: (863) 763-1686 -0i CMIC/COMPUTER MERCHANDISE CORP. 863-644-0617 0KEeC% PURCHASE ORDER CITY OF OKEECHOBEE .1 RTANT: THIS N1JMBEkMW M'PO . . m 55 S.E. THIRD AVENUE ALL INVOICES, PAJ OKEECHOBEE,'FLORIDA 34974-2903 TICKETS AND CDR Tel: 863t763-3372 Fax: 8631763-1686 SHIPTO: F To: ' Auto Nation C11-trysler Dadga Jeep R-arn 13601 Pines M11d. per-librok-e Pines, 33027 L THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. Okeechobee Police Dept 55 SE 3rd Avenuo L bee, �I. 004-974" Oke-chic, I INVOICE IN DUPLICATE: FGity of Okeechobee 55 SE 3rd Avenue OlUeachobee, 19. 34974 L 3682 DATE VENDOR NO. DELIVERY EWT7 SHIPVIABESTWAY F.O.B. DESTINATZ�RMS ITEM ACCT. NUMBER UNIT DESCRIPTION UNIT AMOUNT NO. 7NTI 20,13 Dodge poi -,r 21,159 rm 0-11 AL. 2 7 -55, 0 -C 0 0 STA TE COWRAA CT b"i 3-211-090-4 CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE ANU I HAN1jVUH IAI IUN TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST STATE SALES TAX EXEMPTION NO. 04-00010-03-57. FEDERAL I.D. NO. 59-60000-393. RECEIVING RECORD AUTHORIZED SIGNATURE PARTIAL D FINAL E) t,177�, 7111_1 F1 r! ZZ=� U LC am, CL- E 7 ri -Ja�(qp narn -J 0- c P rl--71)� /01 Call Usfirs 1, foraff ofyour Fleet Autongotive, & Light Truck needs. CELL PH6NE (954) 383-1009 OFFIC 4)441-2034 .2004 - CDCOMCAST.NET ...... 77 - j___T�954) 441 51111�11�JSCHENRYU QUICK QUOTE SHEET. FOR VEHICLES SOLD UNDER THE FLORIDA SHERIFF'S ASSOCIATION CONTRACT PAGE I of 1 REQUESTING AGENCY- Okeechobee City PD ORIGINAL QUOTE DATE: 101712013 REVISED QUOTE 'DATE: 101812013 CONTACT PERSON: rylajor Rober Peterson PHONE NUMBER: 863-763-5521 CELL PHONE: FAX NUMBER: e-mail: MODEL: 2014 Dodge Charger Police LDDE48 SPECIFICATION 3 PAGE FSA BID NUMBEWS 13-11-04-13-21-04 BASE DISTRICT PRICE: $21,159.00 hftp://www.flsheriffs.org OPTION CODE DESCRIPTION OPTION COST EXTERIOR COLOR WHITE Wl DARKEST INTERIOR POSSIBLE STD Cloth bucket vinyl rear seat ............... . ............. . . . . . . .......... . ..... Full size ------ .......... .. . ........ ......... 2i� . ... . . ... .......... . ..... .. . ........................................ . ............. . ....... AM ...................... . ............. . . ...... . . ..... Drivers side spotlight ....... ... . ................. . .............. ......... . .... STI) Black vinA floor ....... . ..................... . STD . .................. ..... . .......... .......... Comments: TOTAL OF OPTIONS: TOTAL COST: AUTO NATION CRYSLER DODGE JEEP RAM $0.00 $21,159.00 QTY I $21,159.00_ VEHICLE QUOTED BY: Steve Henry, Fleet Manager schenryl(cDcomcaLt.net 1 Want to be Your Fleet Provider" I appreciate the opportunity to submit this quotation. Please review it carefully. IF there are any errors or changes, please feel freelo contact me at any time. I am always happy to be of assisitance FSAQuoteSheet-OkeechobeelO-07-13 IV FAC I L( R I I A C.( AllAt"'111 FLOREDA SHEPJFFS ASSOCIATION & FLOREDA ASSOCIATION OF COUNTIES DODGE CHARGER FULL SIZE POLICE RATED SEDAN - RWD SPECIFICATION #3 2014 *Dodge Charger (LDDE48) The Dodge Charg .,er (LDDE48) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: *Western *Northern * Central *Southern BASE PRICE: $21,159.00 $21,159.00 $21,159.00 $21,159.00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this prog grain. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s).you wish to order. NOTE: Ali official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement (13-21-0904) 99 Jeep ig zaAm mm 2014 Okeechobee Police Department ""Fleet Bids" 2014 Charger Police RWD -Customer Preferred Pkg 27A -3.6L V6 24V VVT Engine -5-Speed Auto W5A580 Transmission -Bright white Clear Coat -HD Cloth Bucket & Rear Bench Seat BIDAMOUNT: $24624.88 PLUS ANY APPLICABLE TAG FEES Any questions, please call Jim Rider @ (863) 357-0500 work (502) 682-4022 cell (Note: Rec'd quote via email 9/6/13, per Police Major Robert Peterson) .0E-0 Exhibit 8 Ame T Uty of Okeechobee Nov 5, 20113 Brian Whitehall Office of the City Administrator For the Nov 5 2013 City Council meeting TO: Mayor & City Council FR: Administrator & Police Chief RE: 2014 Squad car & equipment purchase Summary Squad car purchase — On the agenda is approval of bids for the thirteen (13) 2014 squad cars the City anticipates purchasing this year as part of the FL Sheriff's Assoc purchasing process from Auto Nation Chrysler Dodge Jeep Ram of Pembroke Pines at a total cost of $275,067 ($21,159 ea.). The City purchased 16 cars the year before last and 14 cars last year ($297,053, $21,216 ea.). To equip the cars we have a quote from Dana Safety Supply, Doral FL, which includes the light bars, consoles, brackets, switches, and installation of same at a total price of $36,131. The City budgeted for $318,500 (13 cars X $24,500) and $39,000 (13 equipment stuff X $3000). We required Okeechobee Dodge to provide a quote prior to securing the State bid in order to derive a fair/competitive bid. Their bid was $24,624.88 per car and again, the State bid was $21,159. Recommendation: 1. Motion to award the purchase of thirteen (13) - 2014 Dodge Charger Police package squad cars to Auto Nation Chrysler Dodge Jeep Ram, Pembroke Pines, FL at a unit cost of $21,159 under the Florida Sheriff's Association purchasing process. r2.,j4otion to approve the purchase of related equipment for the squad cars, including light bars, consoles andparts necessary including the installation thereof from Dana Safety Supply, Doral, FL (Corp headquarters - 5221 W Market St, Greensboro, NQ at a total cost of $36,131 under a sole source purchasing process. 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 763-3372 - Fax: (863) 763-1686 October 30, 2013 TO: Brian Whitehall, City Administrator Brian, We are requesting to waive th I I rocess regarding our annual patrol car equipment purchase under e sole source proy on in the City Code. Starting last year we 0 added equipment installat� n rtothe e ent bid. We have only found two companies, Dana Safety Supply, and Chief's Supply that would do the equipment installation. Both companies responded to our request for a quote, and Dana Safety Supplies' quote was lower. This is the same Company that we used last year, and we are very satisfied with their performance. Thank You Major Peterson A rj J I i CMC/COMPUTER MERCHANDISE CORP. 863-644-0617 OK eC%, PURCHASE ORDER 3708 .0 CITY OF OKEECHOBEE IMPOR MBER MUST BE SHOWN Or m 55 S.E.THIRD AVENUE .:T . ANT: 'THIS,NU INVOICES, PACKAGES,'C4SE'S, -290 -AN6C6RRESPO N-DENCE, OKEECHOBEE, FLORIDA 34974 3 Tel: 8631763-3372 Fax: 863/763-1686 SHIP TO: o 01 RID FTo: Darla Safisity Supply y 5221-3 10Y. Miuket Sti-eet 0% Greensboro, N!C 2"7-enn L THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. Cltyofolkeec 'hobee po!'ce Dept 50 SE 2nd Avenue LOkeechobee, i7l. 3437-is INVOICE IN DUPLICATE: Cft-y of Okeechobee poffica Dept. 60 SE 2nd Avenue L0 4 i's c- c 110 bia- a, r-.'. 3 A 97 4 DATE VENDOR NO. DELIVERY DATE SHIP VIA BEST FO.B. DESTINAT16�� TERMS ITEM ACCT. NUMBER QUANTITY UNIT DESCRIPTION UNIT AMOUNT NO. Equip-ment fb�- Pavv usinl"LZ -3 -5,1 fi 2 N1-m,%ad units - I unmarked See TC;71-%L U I T Ut- UKttL;NUbtt Rj t=At=Mi'f f-HUM 1-tUtHAL LX(;i.5F- AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST STATE SALES TAX EXEMPTION NO. 04-00010-03-57. FEDERAL I.D. NO. 59-60000-393. RECEIVING RECORD PARTIAL D FINAL n DANA SAFETY SUPPLY, INC 5221 W. MARKET ST GREENSBORO, NC 27409 Telephone: 800-845-0405 Bill TO OKEECHOBEE POLICE DEPT 50 S.E. 2nd AVE. OKEECHOBEE, FL 34974 USA Contact: DONALD HAGAN Telephone: 863-763-5521 Sales Quote Sales Quote No. 118819 Customer No. OKECP I ShiD To I OKEECHOBEE POLICE DEPT 50 S.E. 2nd AVE. OKEECHOBEE, FL 34974 USA Contact: DONALD HAGAN Telephone: 863-763-5521 Quote Dat i—UP—S Ship Via F.O.B. Customer PO Number Payment Method 10/14/13 GROUND OR TRUCK FOBDESTINATION 2014 CHARGERS PATROL NET30 Entered By Salesperson Ordered By Resale Number EDWIN SALGADO EDWIN SALGADO MAJOR PETERSON Order Appro 7 Tax Item Number / Description Unit Extended Quantity Quantity Price Price 12 12 Y SXD8BBRRPC U of M: EACH 1,580.0000 18,960.00 WEC LIBERTY FSA PREMIUM 15-MODULE LIGHTBAR 48.5 R/B Warehouse: MIAM 12 12 Y MKEZ82 U of M: EACH 0.0000 0.00 WEC 48-50 INCH LIGHT BAR STRAP KIT FOR 20 t 1+ CHARGER Warehouse: MIAM (INCLUDED) 12 12 Y 295SLSA6 U of M: EACH 0.0000 0.00 WEC 100/20OW SCAN -LOCK SELF-CONTAINED SIREN/SWITCH Warehouse: MIAM HIGH CURRENT SWITCHING I00WATT OUTPUT WITH I-100WA17 SPEAKER OR 200 WATT OUTPUT WITH 2-100 WATT SPEAKERS. SIREN INCLUDES PARK KILL, & TIMED -OUT FEATURES AND 17 SELECTABLE SCAN -LOCK SIREN TONES. (INCLUDED) 12 12 Y SA315P U of M: EACH 0.0000 0.00 WEC I OOW COMPACT BLACK COMPOSITE 122dB SPEAKER Warehouse: MIAM (INCLUDED) 121 121 Y I SAK37 U of M: EACH 0.0000 0.00 PrintDate 10/14/13 Print Time 07:25:43 PM Page No. I Printed By: EDWIN SALGADO Continued on Next Page DANA SAFETY SUPPLY, INC 5221 W. MARKET ST GREENSBORO, NC 27409 Telephone: 800-845-0405 Bill To OKEECHOBEE POLICE DEPT 50 S.E. 2nd AVE. OKEECHOBEE, FL 34974 USA Contact: DONALD HAGAN Telephone: 863-763-5521 Sales Quote Sales Quote No. 118819 Customer No. OKECP I ShiD To I OKEECHOBEE POLICE DEPT 50 S.E. 2nd AVE. OKEECHOBEE, FL 34974 USA Contact: DONALD HAGAN Telephone: 863-763-5521 Quote Date - Ship Via I F.O.B. Custom r PO Number Payment Method 10/14/13 JUPS GROUND OR TRUCK FOBDESTINATION 2014 CHARGERS PATROL NET30 Entered By Salesperson Ordered By Resale Number EDWIN SALGADO EDWIN SALGADO MAJOR PETERSON Order Approve Tax Item Number / Description Unit Extended Quantity Quantity Price Price WEE SA315 BRACKET FOR 2011 + CHARGER Warehouse: MIAM (INCLUDED) 12 12 Y C-VS-2500-CHGR-I U of M: EACH 295.0000 3,540.00 HAVIS 25 " CONSOLE 2011 + DODGE CHARGER Warehouse: MIAM CONSOLE INCLUDES 2-12 VDC KNOCKOUTS (OUT -LETS SOLD SEPERATELY) AND THE FOLLOWING EQUIPMENT BRACKETS: 1) C-EB40-WS2- I P (SIREN) 1) C-EB30-CH7-1 P (RADIO) AND WHATEVER FILLER PLATES NECESSARY TO COMPLETE THE INSTALLATION. 12 12 Y C-CUP24 U of M: EACH 0.0000 0.00 HAV 4 HIGH PLATE TWO CUP HOLDER INTERNAL MNT Warehouse: MIAM (INCLUDED) 24 24 Y C-MC U of M: EACH 0.0000 0.00 HAV CONSOLE MICROPHONE CLIP Warehouse: MIAM (INCLUDED) 24 24 Y C-MCB U of M: EACH 0.0000 0.00 HAV CONSOLE MICROPHONE CLIP BRACKET Warehouse: MIAM (INCLUDED) Print Date 10/14/13 Print Time 07:25:43 PM Page No. 2 Printed By: EDWIN SALGADO Continued on Next Page DANA SAFETY SUPPLY, INC 5221 W. MARKET ST GREENSBORO, NC 27409 Telephone: 800-845-0405 Bill To OKEECHOBEE POLICE DEPT 50 S.E. 2nd AVE. OKEECHOBEE, FL 34974 USA Contact: DONALD HAGAN Telephone: 863-763-5521 Sales Quote Sales Quote No. 118819 Customer No. OKECP I Shin To I OKEECHOBEE POLICE DEPT 50 S.E. 2nd AVE. OKEECHOBEE, FL 34974 USA Contact: DONALD HAGAN Telephone: 863-763-5521 Quote Date Ship Via F.O.B. Customer PO Number Payment Method 10/14/13 fu�S—GROUND OR TRUCJ FOB DESTINATION 2014 CHARGERS PATROL NET30 Entered By Salesperson Ordered By Resale Number EDWIN SALGADO EDWIN SALGADO MAJOR PETERSON Order Approve Tax Item Number / Description Unit Extended Quantity Quantity Price Price 12 12 Y P5613CI IA U of M: EACH 460.0000 5,520.00 PG Vented Polycarbonate, Solid Window Warehouse: MIAM 12 12 Y SP56C I I FW U of M: EACH 0.0000 0.00 PG LOWER EXTENSION PAN EL FOR 2011+ CHARGER Warehouse: MIAM (INCLUDED) 12 12 N INSTALL U of M: EACH 400.0000 4,800.00 DSS INSTALLATION OF EQUIPMENT Warehouse: MIAM SPECIFICS:ALL INSTALLS ARE PERFORMED BY EVT CERTIFY TECHNICIANS. INSTALL OF ALL ABOVE EQUIPMENT. 014DODGE(HARG R,PATROL**** Approved By: E] Approve All Items & Quantities Print Date 10/14/13 Print Time 07:25:43 PM Page No. 3 Printed By: EDWIN SALGADO Subtotal 32,820.00 Freight 950.00 1 Order Total 1 33,770.001 DANA SAFETY SUPPLY, INC 5221 W. MARKET ST GREENSBORO, NC 27409 Telephone: 800-845-0405 Bill To OKEECHOBEE POLICE DEPT 50 S.E. 2nd AVE. OKEECHOBEE, FL 34974 USA Contact: DONALD HAGAN Telephone: 863-763-5521 Sales Quote Sales Quote No. 118831 Customer No. OKECP I Shin To I OKEECHOBEE POLICE DEPT 50 S.E. 2nd AVE. OKEECHOBEE, FL 34974 USA Contact: DONALD HAGAN Telephone: 863-763-5521 Quote Date I Ship Via I F.O.B. Customer PO Number Payment Method 10/14/13 JUPS GROUND OR TRUCK FOBDESTINATION 2014 SLICK TOP NET30 Entered By Salesperson Ordered By Resale Number EDWIN SALGADO EDWIN SALGADO MAJOR PETERSON Order Approve Tax Item Number / Description Unit Extended Quantity Quantity Price Price I I Y SLPMMRB U of M: EACH 210.0000 210.00 WEC R/B SLIMLIGHTER W/6 SUPER HIGH INTENSITY LEDS Warehouse: MIAM UPPER FRONT WINSHIELD LIGHT I I Y AVN2BB U of M: EACH 175.0000 175.00 WEC DUAL AVENGER - BLUE/BLUE Warehouse: MIAM REAR DECK LIGHTS I I Y AVN2RR U of M: EACH 175.0000 175.00 WEC DUAL AVENGER -REDIRED Warehouse: MIAM REAR DECK LIGHTS 4 4 Y IONJ U of M: EACH 79.0000 3 ) 16.00 WEC ION LED RED/BLUE - BLACK HOUSING Warehouse: MIAM (2) GRILL LIGHTS, (2) REAR SIDE DOOR LIGHTS 4 4 Y ELUC2S0I0W U of M: EACH 75.0000 300.00 SOI UNIVERSAL UNDERCOVER LED INSERT SINGLE LIGHT KIT Warehouse: MIAM 10-16 VDC W/IU CABLE: INCLUDES INSERT LENS # I (EXTREME ANGLE) & INLINE FLASHER -WHITE (4) CORNER LEDS I Y 295SLSA6 U of M: EACH 275.0000 275.00 Print Date 10/14/13 Print Time 07:29:50 PM Page No. I Printed By: EDWIN SALGADO Continued on Next Page DANA SAFETY SUPPLY, INC 5221 W. MARKET ST GREENSBORO, NC 27409 Telephone: 800-845-0405 Bill To OKEECHOBEE POLICE DEPT 50 S.E. 2nd AVE. OKEECHOBEE, FL 34974 USA Contact: DONALD HAGAN Telephone: 863-763-5521 Sales Quote Sales Quote No. 118831 Customer No. OKECP I Shin To I OKEECHOBEE POLICE DEPT 50 S.E. 2nd AVE. OKEECHOBEE, FL 34974 USA Contact: DONALD HAGAN Telephone: 863-763-5521 Quote Date Ship Via [U—PS I F.O.B. Customer PO Number Payment Method 10/14/13 GROUND OR TRUCK FOBDESTINATION 2014 SLICK TOP NET30 Entered By Salesperson Ordered By Resale Number EDWIN SALGADO EDWIN SALGADO MAJOR PETERSON Order Approve Tax Item Number / Description Unit Extended Quantity Quantity Price Price WEC 100/20OW SCAN -LOCK SELF-CONTAINED SIREN/SWITCH Warehouse: MIAM HIGH CURRENT SWITCHING 100 WATT OUTPUT WITH 1-100 WATT SPEAKER OR 200 WATT OUTPUT WITH 2-100 WATT SPEAKERS. SIREN INCLUDES PARK KILL, & TIMED -OUT FEATURES AND 17 SELECTABLE SCAN -LOCK SIREN TONES. (INCLUDED) I Y SA315P U of M: EACH 120.0000 120.00 WEC 100W COMPACT BLACK COMPOSITE 122dB SPEAKER Warehouse: MIAM (INCLUDED) I Y SAK37 U of M: EACH 0.0000 0.00 WEC SA315 BRACKET FOR 2011 + CHARGER Warehouse: MIAM (INCLUDED) I Y C-VS-2500-CHGR-1 U of M: EACH 295.0000 295.00 HAVIS 25 " CONSOLE 2011 + DODGE CHARGER Warehouse: MIAM CONSOLE INCLUDES 2-12 VDC KNOCKOUTS (OUTLETS SOLD SEPERATELY) AND THE FOLLOWING EQUIPMENT BRACKETS: 1) C-EB40-WS2-1 P (SIREN) 1) C-EB30-CH7-1 P (RADIO) AND WHATEVER FILLER PLATES NECESSARY TO COMPLETE THE Print Date 10/14/13 Print Time 07:29:50 PM Page No. 2 Printed By: EDWIN SALGADO Continued on Next Page DANA SAFETY SUPPLY, INC 5221 W. MARKET ST GREENSBORO, NC 27409 Telephone: 800-845-0405 Bill To OKEECHOBEE POLICE DEPT 50 S.E. 2nd AVE. OKEECHOBEE, FL 34974 USA Contact: DONALD HAGAN Telephone: 863-763-5521 Sales Quote Sales Quote N . 1188331 Customer No. OKECP I Shin To I OKEECHOBEE POLICE DEPT 50 S.E. 2nd AVE. OKEECHOBEE, FL 34974 USA Contact: DONALD HAGAN Telephone: 863-763-5521 Quote Date Ship Via �L� F.O.B. Customer PO Number Payment Method 10/14/13 JUPS GROUND OR TRUCK FOBDESTINATION 2014 SLICK TOP NET30 Entered By Salesperson Ordered By Resale Number EDWIN SALGADO EDWIN SALGADO MAJOR PETERSON Order Approve Tax Item Number / Description Unit Extended Quantity Quantity Price Price INSTALLATION. I I Y C-CUP2-1 U of M: EACH 0.0000 0.00 HAV 4 HIGH PLATE TWO CUP HOLDER INTERNAL MNT Warehouse: MIAM 2 2 Y C-MC U of M: EACH 0.0000 0.00 HAN CONSOLE MICROPHONE CLIP Warehouse: MIAM (INCLUDED) 2 2 Y C-MCB U of M: EACH 0.0000 0.00 HAV CONSOLE MICROPHONE CLIP BRACKET Warehouse: MIAM (INCLUDED) I I N INSTALL U of M: EACH 495.0000 495.00 DSS INSTALLATION OF EQUIPMENT Warehouse: MIAM SPECIFICS:ALL INSTALLS ARE PERFORMED BY EVT CERTIFY TECHNICIANS. INSTALL OF ALL ABOVE EQUIPMENT. 014DODGECHARG R,SLICKTOP**** Approved By: Ej Approve All Items & Quantities Print Date 10/14/13 Print Time 07:29:50 PM Page No. 3 Printed By. EDWIN SALGADO Subtotal 2,361.00 Freight 0.00 Order Total 2,361.00 PURCHASE REQUISITION CITY OF OKEECHOBEE 55 S.E. Third Avenue Okeechobee, FL 34974 -2903 Tel: 863 - 763 -3372 Fax: 863 - 763 -1686 Gilbert Ford 3175 Highway 441 South Okeechobee, FL 34974 THIS ORDER SUBJECT TO CONDIDTIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. Req. No. 15655 Exhibit 9 Nov 5, 2013 Important: This number must be shown on all invoices, packages, cases, tickets and correspondence. SHIP TO: City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974 INVOICE IN DUPLICATE: (DATE (VENDOR NO. 'DELIVERY DATE S SHIP BEST1F.O.B. DEBT. T TERMS f0/301B ' N/A NET 30 — , , _ s` RIPTION A AMOUNT 1 5 549 -6400 9 9/30/13 Quote for 1 Ton Utility $ $32,929.50 XEMPT FROM reutKAl EXCISE AND SPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUIEST. STATE SALES TAX EXEMPTION NO. 85-8012621656C-6 FEDERAL I.D. NO 59- 60000 -393 AUTHORIZED SIGNATURE RECEIVING RECORD ❑ PARTIAL X FINAL CITY OF OKEECHOBEE, PUBLIC WORKS Memo To: Brian Whitehall, City Administrator From: David Allen, Public Works Director Date: 10/30/2013 Re: Public Works FY 2014 utility /It dump truck Purchase Request OCT 3 0 2013 The Public Works Division requests permission to purchase a new 1 ton, utility /It dump truck. The new truck will be used to ultimately replace a 1990 Ford F350 truck with approximately 46,000 very hard miles. A photo of the truck to be replaced is included below. The new truck is a 1 ton Crew Cab, 2X4, dual wheel utility truck W/ 3 yd. dump bed. The purchase price for the truck is $ 33,612.49 including supplemental emergency lighting to be installed by the city. The truck will be the manufacturer's base model with added trailer towing and daytime running lights. The truck will also have a dealer installed, 3 yard dump bed to facilitate moving small loads and materials on pallets. The selected vendor is Gilbert Okeechobee Ford. The low bid for this truck was $32,007 from Hub City Ford in Crestview FL, however the quote from Gilbert Ford meets the criteria for the City's local vendor preference. Bid Tabulation Pricing for the two vehicles was compiled using prices from the 2014 Sheriff's bid and state pricing as well as quotes from local dealers. For both Chevrolet and Ram, the same dealer won both the Sheriff's and State Bid. 1 Ton utility /It. dump truck bid Tabulation Dealer Base Truck Additional Items Quote Notes Alan Jay Chevrolet (Sheriff's Bid) $35,518.00 $35,518.00 Alit , 12,q29. , c s �'a :141 7 PEE- z:) GtL. ,:-c ktv yid g 714 ageog 826:3- 7 t 3- 3372. Ace--z- Con 5-40/-(0400 Duval Ford (Sheriffs Bid) $33,872.00 $33,872.00 Hub City Ford (State Bid) $32,007 00.. $32,007.00 Maroone (AutoNation) Dodge /Ram (Sheriff's Bid) $33,648.00 $33,648.00 Gilbert Ford $32,929.50 $32,929.50 Gilbert Chevrolet $37,000.00 $37,000:00 Okeechobee Dodge /Ram Quote actually came from North Broward Ram Chrysler Jeep NOTE: Gilbert Ford price is less than Hub City price with local vender preference Background Public works currently operates five 1/2 ton two, % ton and one 1 ton pickups. Three of the current % ton trucks are currently assigned to the Public Works Director (1997 2X4 standard cab), Operations Supervisor (2003 4X4 extended cab) and Foreman (2001 2X4 standard cab) with the other two trucks being used as floaters (2001 Ford and 1988 GMC 2X4 standard cab trucks) One of the 3/4 ton trucks is equipped as a lift truck (1999) the other (1998) is used for general purpose and towing, the 1 ton truck (1990) is equipped with a box and dump bed and is primarily utilized for chipping. Vehicle Photos 1990 Ford F350 to be replaced PURCHASE REQUISITION CITY OF OKEECHOBEE 55 S.E. Third Avenue Okeechobee, FL 34974 -2903 Tel: 863 - 763 -3372 Fax: 863 - 763 -1686 Auto Nation Chrysler Dodge Jeep Ram 13601 Pines Blvd. Pembroke Pines, FL 33027 THIS ORDER SUBJECT TO CONDIDTIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. Exhibit 10 Nov 5, 2013 Req. No. 15654 Important: This number must be shown on all invoices, packages, cases, tickets and correspondence. SHIP TO: City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974 INVOICE IN DUPLICATE: DATE (VENDOR NO. DELIVERY DATE SHIP BEST F F.O.B. DEST. T TERMS tWiao!f3 I N/A j N NET 30 EESCR PTION A AMOUNT 1 5 549 -6400 I Iopg41 15 1 13=43 Quote rcvd for new 2014 $ $26,536.00 OKEECHOBEE IS EXEMPT FROM rtutKAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE, EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUIEST. STATE SALES TAX EXEMPTION NO. 85-8012621656C-6 FEDERAL I.D. NO 59- 60000 -393 AUTHORIZED SIGNATURE RECEIVING RECORD ❑ PARTIAL X FINAL CITY OF OKEECHOBEE, PUBLIC WORKS Venn() ®c1 3 0 B To: Brian Whitehall, City Administrator From: David Allen, Public Works Director Date: 10/29/2013 Re: Public Works FY 2014 New Public Works Director Truck Purchase Request The Public Works Division requests permission to purchase a new truck for use by the Public Works Director. The purchase of this truck will allow the truck currently being used by the PWD, a 1997 Ford F150 to be rotated to general use within Public Works which will allow for the retirement of a 1988 GMC truck with approximately 93,000 miles. (A photo of the vehicle to be replaced is included below) The new truck is a % ton, Crew Cab, 4X4 pickup. In addition to the manufacturers base model standard equipment, the truck will be equipped with hands free calling, day time running lights, and two integrated tool boxes in the side rails of the truck bed (see photo below). Non - manufacturers equipment will include a full size Amber warning light bar, roof mounted spot light, and an city /county radio system radio. The purchase price for the truck is $33,619.54 including radio and other supplemental equipment. $39,000 for this purchase was budgeted in the current budget for this purchase. The selected vendor is AutoNation Chrysler Dodge Jeep Ram in Pembroke Pine, (Same vendor that will be utilized for PD car purchase). The selection of the dealer for this purchase included consideration of City Council's policy for local vendor preference. Bid Tabulation Pricing for this truck was compiled using prices from the 2014 Sheriff's bid and state pricing as well as quotes from local dealers. For both Chevrolet and Ram, the same dealer won both the Sheriff's and State Bid. o 14-14E b s 3C-�, 0 CD A'To &1 A- T , aJ 0.oN,EL Jeep (4 kik 13‘e,1 *PiJEL ELK 2,e4, 3- L gy3D2`1 ci°b c- Am& - g775 Act an = 6'411, 6;400 Public Works Director Truck bid Tabulation Dealer Base Truck Additional Items Quote Notes Alan Jay Chevrolet (Sheriffs Bid) $30,646.00 $1,080.00 $31,726.00 Additional 2 Weatherguard 176-3-01 tool boxes Duval Ford (Sheriffs Bid) $28,567.00 $1,080.00 $29,647.00 Additional 2 Weatherguard 176 -3 -01 tool boxes Hub City Ford (State Bid) $26,607.00 $1,080.00 $27,687.00 Additional 2 Weatherguard 176 -3 -01 tool boxes Maroone (AutoNation) Dodge /Ram (Sheriffs Bid) $26,536.00 N/A , $26,536.00_, Rambox storage system included in vehicle price. Rambox storage boxes are integrated into bed of truck Gilbert Ford $28,511.50 $1,080.00 $29,591.50 Additional 2 Weatherguard 176-3-01 tool boxes Gilbert Chevrolet $31,293.00 $1,080.00 $32,373.00 Additional 2 Weatherguard 176 -3 -01 tool boxes Okeechobee Dodge /Ram Quote actually came from North Broward Ram Chrysler Jeep Vehicle 1 Vehicle to Vehicle Comparison Silverado 1500 Ford F150 Ram 1500 Engine 5.3L V8 5.0L V8 5.7L V8 HP 355 360 395 Torque 383 lb-ft 380 lb-ft 407 lb-ft Bed Size 6'6" 6'6" 6'4" Max Payload 1,883 1,570 1,310 Max Loaded Trailer Wt 9,500 7500 8,450 Bumper to Bumper warrantee 3/36,000 3/36,000 3/36,000 Powertrain 5/100,000 5/60,000 5/100,000 Background Public works currently operates five 1/2 ton two, 3% ton and one 1 ton pickups. Three of the current 1/2 ton trucks are currently assigned to the Public Works Director (1997 2X4 standard cab), Operations Supervisor (2003 4X4 extended cab) and Foreman (2001 2X4 standard cab) with the other two trucks being used as floaters (2001 Ford and 1988 GMC 2X4 standard cab trucks) One of the 3% ton trucks is equipped as a lift truck (1999) the other (1998) is used for general purpose and towing, the 1 ton truck (1990) is equipped with a box and dump bed and is primarily utilized for chipping. Vehicle Photos 1988 GMC pickup to be replaced Manufacturers Integrated bed rail tool boxes ;fiat N Caton t rvs e r ID to te fee Jeep Call Us first, for all ofyour Fleet Automotive, & Light Truck needs. CELL PHONE (954) 383 -1009 OFFICE (954) 441-2034 I FAX (954) 441 -2004 I ' EMAILISCHENRY1(a�COMCAST NET L F ii f` 1n 7r yrc � y , .,:�v r � ,; °'�� z�� ...,X13.G0�1 Pinesr :Bl iit3PembrokeP.i �es.F1. 33027 ;M :iii ,�.:iaga .';a.� geg� =44 QUICK QUOTE SHEET FOR VEHICLES SOLD UNDER THE FLORIDA SHERIFF'S ASSOCIATION CONTRACT REQUESTING AGENCY: ORIGINAL QUOTE DATE: CONTACT PERSON: PHONE NUMBER: FAX NUMBER: City of Okeechobee 10/9/2013 David Allen PAGE 1 of REVISED QUOTE DATE: 863 - 763 -3372 X225 MODEL: 2014 Dodge 4X4 DS6L98 CELL PHONE: e -mail: SPECIFICATION #: PAGE #: FSA BID NUMBER'S 1341 -04 -13 -21.04 BASE DISTRICT PRICE: http:llwww.flsheriffs.org OPTION CODE # DESCRIPTION OPTION COST EXTERIOR COLOR WHITE W/ DARKEST INTERIOR POSSIBLE STD DS6L91 Long bed $605.00 SOB Sprayon bed liner $525.00 TT-Ill Trailer towpackage $385.00 ADB Protection package- SkidplateslTow hooks $149.00 LMK ,Daytime running lights $39.00 TXN All terrain tires $249.00 XB9 Ram box cargo management system $1,295.00 RA2 Blue tooth $660.00 1 10/24/2013 46 $22,629.00 Comments: TOTAL OF OPTIONS: $3,907.00 TOTAL COST: $26,536.00 QTY 1 = $26,536.00 AUTO NATION CRYSLER DODGE JEEP RAM VEHICLE QUOTED BY: Steve Henry, Fleet Manager schenrvl(a.comcast.net "I Want to be Your Fleet Provider" t appreciate the opportunity to submit this quotation. Please review it carefully. IF there are any errors or changes, please feel free to contact me at any time. I am always happy to be of assistance FSAQuote sheet2014tRev2- Okeechobee2014RamCrew4X410 -09 -10 a Project No. 13 -175 Exhibit 11 PROJECT AUTHORIZATION #1 TO THE Nov 5, 2013 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF OKEECHOBEE AND THE FIRM OF CULPEPPER & TERPENING INC. PROJECT DESCRIPTION: SR 15 /US 441 LANDSCAPE IMPROVEMENTS Design and Permitting of Landscape Improvements within the existing medians of SR 15 /US 441 from SR 70 (Okeechobee Road) to 23rd Street. I. PURPOSE This is an attachment to the Standard Agreement for Civil Engineering Services dated September 17th 2013 between the City of Okeechobee (CITY) and the firm of Culpepper & Terpening, Inc. (PROFESSIONAL) and made a part thereof. The purpose of this Project Authorization is to specify the required services of the PROFESSIONAL to prepare construction plans & details and to provide periodic construction observation assistance to City staff for the Project described above. II. PROFESSIONAL SERVICES The PROFESSIONAL shall design construction plans, and technical specifications (on the plans) and to provide periodic construction observation services for the design and permitting of landscape improvements within the existing medians of SR 15/ US 441 from SR 70 (Okeechobee Road) to 23rd Street. III. GENERAL SCOPE OF WORK On behalf of the City of Okeechobee, Okeechobee Main Street applied for and received a Florida Highway Beautification Grant (FHBG) to fund landscape improvements along SR 15/ US 441. The improvements will provide enhanced streetscape and beautification for the roadway corridor. The project entails the placement of landscape enhancements along the existing medians within the project limits. The improvements will result in the installation of landscape enhancement to approximately 1.5 miles the roadway corridor. Consultant shall assist the City with the development of Construction plans to facilitate the project. The Construction Plans shall be prepared in accordance with the Florida Department of Transportation (FDOT) Plans Preparation documents and County requirements and shall include the following design elements: • Construction Plan Preparation • Project Permitting The intent of the following detailed scope of service is to provide sufficient information for the project to be developed in accordance with the Florida Highway Beautification Council Grant, Landscape Construction, and Maintenance Memorandum of Agreement between the CITY and Florida Department of Transportation (FDOT). Specific tasks to be performed by Consultant are as follows: PHASE 2: PRELIMINARY SURVEY SERVICES Task 2.1 Basemap Preparation Consultant shall prepare a basemap upon which the landscape plans shall be based. The basemap shall utilize current Goggle aerial imagery with field verification of the median dimensions. Specific survey data collection shall NOT be provided as part of this scope of services. Page 1 of 7 Project No. 13 -175 PHASE 3: FINAL DESIGN SERVICES Task 3.1 Preliminary (30% Plan) Submittal Consultant shall provide the City with preliminary plan submittal documents of the proposed median landscape improvements in general accordance with the FDOT PPM and Florida Green Book. The Plans shall consist of a planting pallet with sight lines that provide conceptual areas of planting groupings and be prepared on 11" x 17" size format and comply with the City criteria, PPM, and FDOT Design Standards. The Preliminary Plan submittal requirements shall be in accordance with the Grant Agreement and PPM, Volume II, Chapter 2.3.2, and include the following components: • Key Sheet (Preliminary) • Typical Sections (Preliminary) • Landscape Plan Sheets @ 30 Scale (Preliminary) • Preliminary estimate of Probable Construction Cost The preliminary landscape design concepts plans shall be based in general on the concept plans provided in the Okeechobee Main Street grant application where possible although FDOT sight -line standards will be followed and may have a significant impact on the plants shown in the application. Task 3.2 Final Phase (100% Plan) Submittal Consultant shall provide the County with the 100% plan submittal documents for the proposed median landscape improvements in general accordance with the FDOT PPM and Florida Green Book. The Plans shall address all comments received by the City. The final plans shall be prepared on 11" x 17" size format and comply with the City criteria, PPM, and FDOT Design Standards. The 100% Plan submittal requirements shall be in accordance with the LAP and PPM, Volume II, Chapter 2.3.2, and include the following components: Key Sheet (Final) General Notes /Summary of Pay Items (Final) Typical Sections (Final) • Landscape Plan Sheets @ 30 Scale (Final) • Landscape Detail Sheets (Final) • Stormwater Pollution Prevention Plan (Final) • Maintenance of Traffic Plans (Final) The submittal shall include the following additional items: • Update to the Unit Price Estimate of Probable Construction Costs commensurate with the development of the 100% plan information. • Final Specifications and Technical Special Provisions Consultant shall prepare the standard technical specifications and special provisions required for inclusion in the Bid Documents. The technical specification and special provision shall be prepared in the standard County Bid format included in the Technical Specification section of the Bid Documents. • City Review Response Consultant shall prepare a written response to the City's review of the Preliminary Plan submittal. Task 3.3 Project Permitting Consultant shall provide permit submittals to the following agencies for the construction of the project: • Florida Department of Transportation Permit Application Consultant shall assist the City with the preparation of exhibits for application to the FDOT for the installation of the median landscape improvements as well as coordination with the FDOT representative. Page 2 of 7 Project No. 13 -175 PHASE 4: BIDDING SERVICES Task 4.1: Bid Documents & Review Consultant will prepare a complete set of bidding documents for the installation of the median landscaping, including final construction plans, technical specifications, bid forms and standard agreement forms. Bidding services shall include the following: • Preparation of bid documents including one electronic version and twenty (20) copies of the bidding documents for bidding purposes. • Prepare for and attend the pre -bid meeting. • Provide responses Contractor to RAI's. • Review the responsive bids for the project and provide a recommendation of award to the City. • Attend Contractor award City Commission meeting PHASE 5: SERVICES DURING CONSTRUCTION Task 5.1: General Services During Construction Consultant will provide contract administration assistance throughout the duration of the construction of the project. A Project Representative will be provided by the Consultant commensurate with the level of review required to allow certification of the completed work effort to the FDOT. The Consultant will hold regularly scheduled 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 City and affected residents will be kept informed by the Consultant of the Contractors schedule. PHASE 6: POST CONSTRUCTION SERVICES Task 6.1: Agency Certifications Consultant shall prepare and submit certifications of construction completion to the appropriate permitting agencies. The certifications shall be based upon the site observations performed by the Consultant, the City's resident project representative, testing reports provided by an outside testing agency, and as -built drawings provided by the Contractor. IV CITY RESPONSIBILITIES The CITY will provide specific data for the project. Such data shall; include as a minimum available record drawings, Property deed, easements, boundary data, topographical data and other survey. Prepare the bid documents and manage construction activities. V WARRANTY The PROFESSIONAL warrants that the plans and specifications produced as a result of this contract are complete, correct and suitable for the purpose intended. VI AMERICANS WITH DISABILITIES The PROFESSIONAL shall ensure compliance with all applicable governmental accessibility standards, including without limitation those applicable under sections 35.151 CFR. VII DELIVERABLES The project deliverables associated with each of Phase 3 provided in Exhibit "A" will be delivered to the County in accordance with the schedule provided above. Three (3) hard copies and an electronic file of each of the deliverables will be as follows: • 11" x 17" Preliminary Landscape Plans • Specifications and Technical Special Provisions • 11" x 17" 100% Landscape Construction Plans Page 3of7 Project No. 13 -175 VIII PLAN AND SPECIFICATIONS REPRODUCTION The PROFESSIONAL will provide two (2) sets of the plans and specifications. Three (3) sets are to be signed and sealed construction sets. The cost of these sets is to be included in the design cost paid under the PROFESSIONAL as compensation for services required under this Project Authorization. If additional sets of Construction Documents are required by the City, the PROFESSIONAL shall furnish such sets at cost. Payment for such additional sets shall be promptly made by the CITY, upon properly supported invoices, submitted by PROFESSIONAL. IX PLAN AND DOCUMENT OWNERSHIP The original plans and specifications will become the property of the CITY upon completion of the Project. Computer Aided Design Drawings (CADD) is to be used in the preparation of the construction plans; a copy of all electronic data and drawing files are to be submitted on CD media. These will utilize AutoCAD version 14.0 or 2000 software. If other software is used, it is to be translated to the aforementioned software. The supplied disks are to include all points and working files. X SCHEDULES AND TIME CONSTRAINTS Within ten (10) days after receiving the Notice to Proceed, the PROFESSIONAL shall provide a schedule and an anticipated payment schedule. The total time allowed for the PROFESSIONAL's services required under this Project Authorization shall be 12 months from the date of the Notice to Proceed. Phases 2& 3 shall commence upon notice to proceed from the City of Okeechobee and shall be completed by June 30, 2014. Time includes 14 days for City review of each milestone submittal. The project shall be completed in accordance with the following task schedule: Task Task 3.1: Preliminary Plan Submittal Task 3.2: Final Plan Submittal Task 3.3: Permit Submittals Task 4.1: Bid Documents Submittal Date XI COMPENSATION Payment for all services will be in accordance with the Standard Agreement for professional Engineering Services. Total compensation shall, based on the man hours shown on Attachment -B, for all services material, supplies and any other items or requirements necessary to complete the work as described herein to include actual salary costs, overhead and profit in an amount equal to 100% of actual salary cost and reimbursement of actual direct non - salary expenses shall not exceed Seventeen Thousand, Five Hundred and Twenty Dollars ($17,520.00). Out of pocket expenses including postage, printing, and copying and long distance phone calls shall be billed as a reimbursable expense at the PROFESSIONAL's actual cost. Reimbursable expenses shall not exceed Five hundred dollars ($500.00) therefore total compensation for all work shall not exceed Eighteen Thousand and Twenty Dollars ($18,020.00) Page 4 of 7 Project No. 13- 175 IN WITNESS WHEREOF, the parties have made and executed this Agreement, the day and year first above written. PROFESSIONAL: Culpe per & Terpening, Inc. By: (S'. , • e) By: Stefan K. Matthes, P.E. Senior Vice President Date TECHNICAL PROVISIONS OF CONTRACT AND BUDGETARY REQUIREMENTS APPROVED By: avid Allen, Director of Public Works Date /0— 3o- a APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF CITY OF OKEECHOBEE ONLY By: Date John Cook, City Attorney CITY OF OKEECHOBEE By: Brian \ eh City Administrator Date ,o /3 a/ 3 CITY OF OKEECHOBEE ADOPTED this _ day of 2013. ATTEST: Lane Gamiotea, CIVIC, City Clerk James E. Kirk, Mayor Page 5 of 7 Project No. 13 -175 ATTACHMENT "A" SR 15 /US 441 Landscape Improvements Design and Bid Budget worksheet Work effort and project expenses associated with Phases 2 through 6 will be invoiced on a percent complete basis as follows: Phase /Task Description Phase 2 Task 2.1 Phase 3 Task 3.1 Task 3.2 Task 3.3 Phase 4 Task 4.1 Phase 5 Task 5.1 Phase 6 Task 6.1 Preliminary Survey Services Basemap Preparation Final Design Services Preliminary (30% Plan) Submittal Final Phase (100% Plan) Submittal Project Permitting Bidding Services Bid Documents & Review Services During Construction General Services During Construction Post Construction Services Agency Certifications Reimbursable Expenses Total Fees Task Fee $1,000 $4,820 $7,800 $ 500 $1,000 $1,600 $ 800 $ 500 $18,020 Page 6 of 7 Project No. 13 -175 ATTACHMENT `B" 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, P.E. $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 Engineering 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 Expenses will be paid as per the contract: Section 3. Reimbursable Expenses Professional shall be reimbursed only for approved out pocket expenses directly chargeable to the Project, at actual cost incurred. Reimbursable expenses will include travel, lodging and meals when traveling at the City's request and on the City's behalf. These expenses shall conform to rates and allowances set forth in Florida State Statute, Sec 112.061, regarding per diem and traveling expenses. Identifiable communication expenses, reproduction costs, and special accounting expenses not applicable to general overhead shall be reimbursed at actual cost. Page 7 of 7 W Exhibit 12 AGREEMENT NO. S0672 Nov 5, 2013 STATE OF FLORIODA GRANT AGREEMENT PURSUANT TO LINE ITEM 1640C OF TBE 2013-2014 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the CITY OF OKEECHOBEE, whose address is 55 SE P Avenue, Okeechobee, Florida 34974 (hereinafter referred to as "Grantee'), a Florida local government, to provide financial assistance for the City of Okeechobee Stormwater Retrofit/Conveyance project. In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: I . The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee", and "Recipient" are used interchangeably. 2. This Agreement shall begin upon execution by both parties and remain in effect for a period of twenty-six (26) months, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $250,000.00 towards the total estimated project cost of $250,000.00. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of deliverables identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A final payment request should be submitted to the Department no later than sixty (60) days following the completion date of the Agreement, to assure the availability of funds for payment. (If match is required, add the following: Each payment request submitted shall document all matching funds and/or match efforts (i.e. in -kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hoursAime spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and DEP Agreement No. S0672, Page I of 8 t, administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. b. The Grantee may request approval from the Department to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed. by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed price amount, the Grantee may proceed in finalizing the fixed price subcontract. C. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. iv. Travel — The Grantee will not be reimbursed for travel expenses under the terms and conditions of this Agreement. V. Equipmen — (Capital outlay costing $1,000 or more) — The Grantee will not be reimbursed for the purchase of non -expendable equipment costing $1,000 or more under the terms and conditions of this Agreement. D. In addition to the invoicing requirements contained in paragraphs 3.B. and C. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Servicee Reference Guide for State Expenditures at h=: Hwww. f1dfs.com/aadi dreference%5 F F--u ide. E. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by - program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee!s, or subrecipienVs, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the DEP Agreement No. S0672, Page 2 of 8 Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 3 1, June 30, September 30 and December 3 1. The Departments Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. Final payment, of up to ten (10) percent of the total Agreement amount identified in paragraph 3.A., may be withheld until all work is completed, all deliverables have been submitted, match requirements have been met and the Final Project Report has been received and approved. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign. immunity or the provisions of Section 768.28, Florida Statutes. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fiilflll any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 8. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall r�-perfbrm the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of beinc, notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPs must be able to be implemented and performed in no more than sixty (60) days. A. A CAP shall be submitted within ten'(10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in DEP Agreement No. S0672, Page 3 of 8 writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. 9. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(l)(a), Florida Statutes. 10. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 11. A. in addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and made a part hereoL Exhibit I to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit I must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Departmenes Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit I when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section —.2 10 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: DEP Agreement No. S0672, Page 4 of 8 LttRs:Happs.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 12. A. The Grantee may subcontract work under this Agreement without the prior written consent of the DepartmenVs Grant Manager. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The. award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 13. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 14. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 15. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses below. 16. The Department's Grant Managers (which may also be referred to as the Department's Project Manager) for this Agreement are identified below. Technical Misty Alderman Florida Department of Environmental Protection Bureau of Watershed Restoration 2600 Blair Stone Road, MS# 3570 Tallahassee, Florida 32399 Telephone No.: (850) 245-8542 Fax No.: (850) 245-8434 I E-mail Ad,4----- NA,-ty.alderinan@dep.state.fl.us REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0672, Page 5 of 8 -Administrative Connie Becker Florida Department of Environmental Protection Bureau of Watershed Restoration 2600 Blair Stone Road, MS# 3510 Tallahassee, Florida 32399 Telephone No.: (8 0) 245-5505 FaxNo.: (850) 245-8434 E-mail Address- Connit-_ L Recker acdo.state.ft.us 17. The Grantee's Grant Manager for this Agreement is identified below. Brian Whitehall, Administrator City of Okeechobee 55 SE 3"' Avenue Okeechobee, Florida 34974 Telephone No.: (863) 763-3372, extension 212 Fax No.: (863) 763-1686 I E-mail A AA—- 1-whitchall(&cityofokeechobee.com 18. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor -similarly to provide Workers' Compensation Insurance for all of the its employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shalt provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected.. 19. The Grantee warrants and represents that it is self -funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee!s officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 21. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 22. The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract DEP Ag greement No. S0672, Page 6 of 8 with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida. Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 24. Land acquisition is not authorized under the terms of this Agreement. 25. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 26. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0672, Page 7 of 8 ZD IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF OKEECHOBEE By:_ Title: * Date: FEID No.:59-6000393 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secretary or designee Date: Misty en a Grant Manager IL Connie Becker, DEP Grant Manager A -L-- DEP Contracts Administrator Approved as to form and legality: P 9) R WIN Ito) to *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachmentstexhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan Q Pages) Attachment B Payment R�quest Summarry Form L2 Pages) Attachment C Contract Pg=ent Reguirements (I Page) Attachment D Progress Report Form (I Page) Attachment E Special Audit Reguirements (5 Pages) DEP Agreement No. S0672, Page 8 of 8 ATTACHMENT A GRANT WORK PLAN PROJECT NAME: City of Okeechobee Storm Water Retrofit/Conveyance PROJECT FUNDING REQUEST: $250,000 REQUIRED MATCH: NONE REQUIRED LEAD ORGANIZATION: City of Okeechobee CONTACT PERSON: Brian Whitehall, Administrator City of Okeechobee Okeechobee, FL (863) 763-3372 Ext. 212 bwhitehall@ciiyofokeechobee.com FEID NUMBER: 59-6000393 FISCAL YEAR END: September 30'h FINANCIAL COOPERATING PARTNERS: Not applicable OTHER COOPERATING PARTNERS: Not applicable PROJECT LOCATION: City of Okeechobee, Florida Waterbody: Taylor Creek, Lake Okeechobee, Nubbin Slough Latitude: 270 14' 0 1.0 N Longitude: 80'49'22.8 W PROJECT OVERVIEW: The City of Okeechobee continues -its efforts to support the Florida Department of Environmental Protection (FDEP) and the South Florida Water Management District (SFWMD) storm water efforts along the northern rim of Lake Okeechobee by providing for swale, conveyance and inlet improvements to reduce the nutrients and volume of runoff entering State waters — specifically Nubbin Slough, Taylor Creek and Lake Okeechobee. This project protects public health and the environment including protection of waters of the State, Northern Everglades Protection- Act, via pre -storm water treatment, thereby addressing water quality standards. It supports, augments FDEP water standards and TMDLs, in order to reduce the nutrients and volume of run off entering State waters. This storm water retrofit/conveyance project calls for storm water collection systems with swales, canal maintenance, replacing drainage structures that will provide for positive drainage DEP Agreement S0672, Attachment A, Page I of 3 to the area; allowing for limited percolation and evaporation for run off to be stored via drainage pipes. Matching funds are not required for the Grantee because they are located in an area designated as a Rural Area of Critical Economic Concern. This Agreement is for the construction of the storm water retrofit/conveyance, canal maintenance and collection system in the amount of $250,000. The Grantee will adhere to the Consultant's Competitive Negotiation Act (CCNA) and the Grantee's procurement regulations for this project. The project is expected to be completed by Dec. 31, 2015. The total storm water retrofit project is 7,145 +/- 11 at a total $609,505; however, this phase is in the amount of this appropriation or $250,000. TASKS and DELIVERABLES: TASK NUMBER: I TASK NAME: CONSTRUCTION TASK DESCRIPTION: Construction of the storm water retrofiticonveyance, canal maintenance, and collection systems will be in accordance with design plans and specifications. The storm water retrofit/conveyance project phases are broken down as follows: This appropriation: • South Leg #1 1,870 linear feet — SE I Oth St. ends at approximately SE 15' St.— $129,030 • West Leg: 1,375 linear feet — west side of Taylor Creek, south of SE 7h St. and east of SE 2nd Ave.— $81,125 • Portion of North Leg #2: 577 linear feet -- SE 100, Ave (SE 3d. St. cul-de-sac) and empties into North Leg #1 at approximately the 500 block area -- $39,813 Future Phases: • Balance of North Leg. #2: 923 linear feet = $63,687 -- SE 10 1h Ave (SE 3'. St. cUl-de- sac) and empties into North Leg #1 at approximately the 500 block area • North Leg #1: 2,150 linear feet— east of SE 8h Ave. north of SE 8h St.— $148,350 • South Leg #2: 2,500 linear feet — from SE 15 1h St. south to Taylor Creek -- $147,500 ALLOWABLE COSTS: $250,000 for construction DELIVERABLE& 1) Copy of permits and bid package; 2) Dated color photographs of the site during and following construction of the project for each leg requesting reimbursement for; 3) Copies of contractor's schedule of values with supporting pay application requests for each leg requesting reimbursement for; 4) Signed statement from Grantee's project certified engineer to verify construction for each leg requesting reimbursement for as been completed in accordance with the approved plans. PERFORMANCE STANDARD: The Department Grant Manager will review deliverables to verify that they are in compliance with the approved plans and permits. TIMELINE: Start:. Month 2 from execution of this Agreement, Completion: December 3 1, 2015. DEP Agreement S0672, Attachment A, Page 2 of 3 PROJE CT BUDGET BY CATEGORY and TASK: -�p 'I -40,w.. xmxl-i NOR V I Contractual $250,000 $0 N/A PROJECT BUDGET BY CATEGORY TOTALS: ir Sliv Salaries Total $0 $0 N/A Fringe Benefits Total $0 $0 N/A Travel Total $0 $0 N/A Contractual Total $250,000 $0 N/A Equipment Purchases Total $0 $0 N/A Supplies/Other Expenses Total $0 $0 N/A Land Total $0 $0 N/A Indirect Total $0 $0 N/A MAW, i� W- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement S0672, Attachment A, Page 3 of 3 Grantee: Mailing Address: DEP Agreement No.: Date Of Request: _ ATTACHMENTB PAYMENT REQUEST SUMMARY FORM Grantee's Grant Manager: Payment Request No.: Performance Period: Task/Deliverable Amount Task/Deliverable Requested:$ No.: GRANT EXPENDITURES SUMMARY SECTION CATEGORY OF EXPENDITURE AMOUNTOF THIS REQUEST TOTAL CUMULATIVE PAYMENT REQUE, TS MATCHING FUNDS TOTAL CUMULATIVE MATCHING FUNDS Salaries SNIA $N/A SN/A SN/A Fringe Benefits SN/A SN/A SN/A SN/A Travel (if authorized) $N/A $N/A SN/A $N/A Subcontracting: $N/A $NIA Planning $N/A $N/A $N/A SNIA Design SN/A $N/A $N/A $N/A Construction $ $ $N/A $N/A Equipment Purchases SN/A SN/A SN/A SN/A Suppfles/Other Expenses $N/A SN/A $N/A $N/A Land $N/A SN/A SN/A SR/A Indirect $N/A SN/A $N/A $N/A TOTAL AMOUNT S $ SN/A SN/A TOTAL TASK/DELIVERABLE BUDGET AMOUNT $ 13r SN/A SNIA i1tv Less Total Cumulative Payment Requests of: S TOTAL REMAINING IN TASK $ /A GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was tor items ttiat were cliargect to and Utilized only tor the above cited grant activiti( Grantee's Grant Manacer's Signature Grantee's Fiscal Agent 0 Print Name Telephone Number DEP 55-223 (03/12) DEP Agreement No. S0672, Attachment B, Page I of 2 Print Name Telephone Number �s. INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE OF REQUEST: This is the date you are submitting the request. TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASKIDELIVERABLE BUDGETAMOUNT" line for the "AMOUNT OF THIS REQUEST'column. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the "TOTAL TASK BUDGETAMOUNT'forthe amount to enteron the "TOTAL REMAINING IN TASIC' line. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the '707ALS" line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "TOTAL 7ASK BUDGETAMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "707AL TASK BUDGETAMOUNT' for the amount to enter on the "TOTAL REM41NING IN TASIC' line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTES: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement DEP 55-223 (03/12) DEP Agreement No. S0672, Attachment B, Page 2 of 2 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of document * ation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher -or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://ivw%v.fldfs.com/aadir/reference guide.htm DEP 55-219 (05/2008) DEP Agreement No. S0672, Attachment C, Page I of I ATTACHMENT D PROGRESS REPORT FORM DEP Agreement'No.: SO -6 -7-2 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Pe Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. S0672 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager DEP Agreement No. S0672, Attachment D, Page I of I Date ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contractlagreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contractlagreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Departme nt staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement� the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART 1: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://I2.46.245.173/cfda/cfda.html. DEP 55-215 (03/09) DEP Agreement No. S0672, Attachment E, Page I of 5 PART 11: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year. of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT I to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal progrim. matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient 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), Florida Statutes, and Chapters 10350 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance 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 recipient expends less than $500,000 in state financial assistance in its flscal yea'r, 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 the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at httm://aRRs.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hqp://,,vww.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at hllR://www.myflorida.comi, Department of Financial Services' Website at bttW://www.fldfs.com/ and the Auditor General's Website at littp*//%vww.state.fl.us/�udizen PART III: OTHER AUDIT REQUIREMENTS (NOTE. This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrangefor audits ofStatefinancial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrangeforfiunding theJull cost ofsuch additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by oron behalf of the recipient directl to each of the following: DEP 55-215 (03/09) DEP Acreement No. S0672, Attachment E, Page 2 of 5 rM A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number'of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hn://harvester.census.gov/fac C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3. Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 40 1, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (03/09) DEP Agreement No. S0672, Attachment E, Page 3 of 5 4. . Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directiv to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (03/09) DEP Agreement No. S0672, Attachment E, Page 4 of 5 EXHIBIT — 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to th s Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient ursuanttothis greement Consist of the Following Matching Resources for Federal Programs: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount_ State Appropriation Category State Resources Awarded to the Recipient ursuant to this greement Consist of the Following Resources Su4ject to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Descripti n Funding Amount State Appropriation Category Original Agreement General Revenue Fund, Line Item 1640C 2013-2014 37.039 Statewide Surface Water Restoration and Wastewater Pr�jects $250,000.00 140047 Total Award $250,000.00 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfdo/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP 55-215 (03/09) DEP Agreement No. S0672, Attachment E, Page 5 of 5 FORM 8B MEMORANDUM OF VOTING CONFLICT F05-R COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME OF AUTHORITY, OR COMMITTEE MAILING ADDRESS THE BOAFiD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON ,?/,7/ tl,�, WHICH I SERVE IS A UNIT OF: V0 lfh-ty,+ CITY COUNTY pa�ITY L3 COUNTY L30THERLOCALAGENCY NTE OF POLITI AZUBDIVISION: M-e-chche,e, W.0-ChARe" fl] �hobu_ DATE ON WHICH VOTE OCCURRED L_ Of Kiu_ MY POSIMON IS: mov,!5,jcl�� �( ELECTIVE Q APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE I APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, hereby disclose that on 20 8: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss by whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: "S(f) ss If Q-nt uv-\ 90[4 114 Fc-rej 11Z-4,on Ca-041-tkc,"� . / / A, /-/ Date Filed RA IN which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2 BEFORE ITEM IX. A: MAYOR: Recess Regular Meeting in order to give sufficient time to teleconference Attorney Cook into the meeting. MAYOR: Reconvene Regular Meeting. COOK: Announces on the record that he needs advise concerning pending litigation from the Council. MAYOR: Announces a Closed Executive Session has been advertised for this meeting, and will take approximately 30 minutes. Anyone not listed in the advertisement must leave the room. Those to remain are: Mayor James E. Kirk, Council Members Maxwell, O'Connor, Watford, and Williams, Administrator Whitehall, Attorney John R. Cook, City Clerk Lane Gamiotea, and a court reporter from Atlantic Repofting