2013-12-03CITY OF OKEECHOBEE
DECEMBER 3, 2013 REGULAR CITY COUNCIL MEETING
55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974
SUMMARY OF COUNCIL ACTION
AGENDA
I. CALL TO ORDER - Mayor:
December 3, 2013, Regular City Council Meeting, 2:00 p.m.
II. OPENING CEREMONIES:
Invocation given by Dr. Edward Weiss, Church of Our Saviour;
Hedge of Allegiance led by Mayor.
III. 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. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of
Council Action for the November 19, 2013, Regular Meeting.
PAGE 1 OF 7
COUNCIL ACTION - DISCUSSION - VOTE
In the absence of Mayor Kirk and there being no objections, Council Member Watford will serve as Mayor Pro - Tempore
to chair the December 3, 2013, City Council Regular Meeting, and called the session to order at 2:03 p.m.
The invocation was offered by the Very Reverend Edward Weiss, from the Church of Our Saviour. Mayor Pro -Tem
Watford led the Pledge of Allegiance.
City Clerk Gamiotea called the roll:
Absent
Present
Present
Present (serving as Mayor Pro - Tempore)
Present
Present
Present
Present
Present
Absent (Major Peterson present)
Present
Present
Mr. Andrew Hanson, Account Executive Director for the Florida League of Cities, was in attendance and requested to
make a presentation honoring Dowling Watford for 30 -Years of service as an elected official. Mr. Watford was presented
a lapel pin and a framed Resolution.
Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the
November 19, 2013, Regular Meeting; seconded by Council Member Williams. There was no discussion on this item.
177
178
AGENDA
IV. MINUTES CONTINUED.
A. Motion to dispense with the reading and approve the Summary of
Council Action for the November 19, 2013, Regular Meeting
continued.
V. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's
agenda.
VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor.
A. 1. a) Motion to read by title only 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 1).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 1106 by title only.
2. a) Motion to adopt proposed Ordinance No. 1106.
b) Public discussion and comments.
c) Vote on motion.
DECEMBER 3, 2013 - REGULAR MEETING - PAGE 2 OF 7
COUNCIL ACTION - DISCUSSION - VOTE
VOTE
KIRK - ABSENT
WATFORD - YEA
MAXWELL - YEA
WILLIAMS - YEA
O'CONNOR - YEA
MOTION CARRIED.
Mayor Pro -Tem Watford asked whether there were any requests for the addition, deferral or withdrawal of items on
today's agenda. New Business items C and D were added.
MAYOR PRO -TEM WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 2:09 P.M.
Mayor Pro -Tem Watford advised the language on the published agenda is incorrect, and should read: Discussion for
motion on the floor, postponed from the November 19, 2013 meeting, made by Council Members Williams and
O'Connor, to adopt 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.
The Council requested Project Engineer Steve Dobbs, to ask the owner /developer whether a 36 -month extension of
the Right -of- Reversion would be sufficient to move forward with this project or would it jeopardize the loan they were
applying for? In response to Council's question, Mr. Dobbs distributed a letter from Mr. Irving Haase, stating: "1 am the
owner of the development known as Southern Trace. I am attempting to arrange financing for the project that could
take up to a year to complete. I have a Developer's Agreement for 10 years, however, when the alleys were
abandoned there was a reverter clause, that has already past. In order for the site plan to be valid, which in turn makes
the Developer's Agreement valid, the ownership of these alleys cannot be in question in the loan application. I would
like for the alley reverter to be in concert with the Developer's Agreement, but if that is unacceptable to the City, at
least give me two years to arrange the financing to construct this project."
Discussion ensued over concerns raised by Council Member Maxwell, that the original action was predicated on the
reversion, and without it the alleys will remain closed. Is it in the City's best interest to put the alleys back to public use
should there be no development? He also asked Attorney Cook whether there was a concern about a liability arising
from this action? Attorney Cook replied, there is an argument on both sides, the reversion expired in 2010, causing
the alleys to revert to the City. However, the owner has Quit Claim Deeds for them as well. Since the owner is willing
to agree to the extension, the issue could be eliminated.
DECEMBER 3, 2013 - REGULAR MEETING - PAGE 3 OF 7
AGENDA
COUNCIL ACTION - DISCUSSION - VOTE
VI. PUBLIC HEARING CONTINUED.
A. Discussion to adopt proposed Ordinance No. 1106 continued.
CLOSE PUBLIC HEARING - Mayor.
VII. NEW BUSINESS.
A. Motion to approve an agreement to piggyback a contract for
services bid by another governmental entity - City Administrator
(Exhibit 2).
Should the Council agree to extend the reversion for three years, the owner will have the opportunity to develop the
project by 2016, which is still in accordance with the Site Plan and Developers Agreement, effective January 20, 2009
to January 20, 2019, as reaffirmed by Council on October 19, 2010.
Council Member O'Connor moved to amend proposed Ordinance No. 1106, Section One, by extending the time
frame for the Right of Reversion, rather than delete it, to be effective as of January 16, 2010, to December 3,
2016; seconded by Council Member Williams.
Due to this amendment, these areas of the Ordinance are affected and amended accordingly: in the Title, delete
"rescinding" and insert "extending the time frame" change Section numbers as appropriate; fifth paragraph, insert "or
extended" after deleted; sixth paragraph, insert after remain vacated, "so long as they are part of the proposed
development, (Development Agreement and Site Plan effective from January 20, 2009 to January 20, 2019 1; Section
One: delete the second paragraph; change Conflict Section Number Four to Five in the third paragraph; change
Severability Section Number Five to Six in the fourth paragraph.
VOTE ON MOTION TO AMEND
KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED.
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 PUBLIC HEARING AT 2:19 P.M.
Council Member O'Connor moved to approve a Piggyback Contract [with TS! Disaster Recovery of St. Cloud, Florida],
for services bid by another governmental entity [Osceola County, RFP -11- 2201 -LC on January 9, 2012, as provided
in Florida Statute 287.057]; seconded by Council Member Williams.
Administrator Whitehall explained the scope of work desired by the City for the canal clean -up project mimics that of
a project recently awarded by Osceola County.
180
AGENDA
VII. NEW BUSINESS CONTINUED.
A. Motion to approve an agreement to piggyback a contract for
services bid by another governmental entity continued.
B. Motion to approve an agreement with TSI Disaster Recovery, LLC
pertaining to Storm Water Retrofit/Conveyance Project #PW- 02 -00-
11-13 - City Administrator (Exhibit 3).
DECEMBER 3, 2013 - REGULAR MEETING - PAGE 4 OF 7
COUNCIL ACTION - DISCUSSION - VOTE
It is in the City's best interest to piggyback on their contract. All bid documents have been acquired from Osceola
County and everything is in order. The City's procurement policy does not specifically address this issue, which is the
reason for approving the ability to piggyback first, then consider awarding the contract in the next item.
VOTE
KIRK - ABSENT
WATFORD - YEA
MAXWELL - YEA
WILLIAMS - YEA
O'CONNOR - YEA
MOTION CARRIED.
Council Member O'Connor moved to approve an agreement [award Bid No. PW- 02- 00- 11 -13] with TSI Disaster
Recovery, LLC pertaining to the Storm Water Retrofit/Conveyance Project Grant, [Florida Department of Environmental
Protection Agreement No. S0672]; seconded by Council Member Williams.
This project is funded by a $250,000.00 Legislative Grant and up to $25,000.00 matching funds from the City's Public
Facilities Improvement Fund. A map reflecting the areas incorporated in this grant funded phase of the project was
provided by Administrator Whitehall. By using TSI's fee schedule he proposes they should be able to clean up the
Augustus Canal in Okeechobee Estates that runs from Southeast 10`h to 15`h Streets and located between Southeast
8th Avenue and 8th Drive; the "finger canal" westward off Taylor Creek between Blocks K, L, and M of Central Park and
Taylor Cove Subdivisions; and a portion of the canals in Wilcox Shores from Lot 6 to 23 in Block 1.
In responding to Council Member Maxwell's concerns over an hourly contract versus a lump sum for a defined scope
of service, Administrator Whitehall elaborated, he is confident with TSI, due to their past work for the City, the
Procurement Officer of Osceola County spoke highly of them, and as an added measure, the Florida Department of
Environmental Protection Agreement No. S0672, is incorporated in the contract with TSI.
Council Member O'Connor noted that should any subcontractors be hired that all insurance requirements need to be
maintained as set out in Section 9. The new Public Records requirement according to Florida law was added as
Section 13.
VOTE
KIRK - ABSENT
WATFORD - YEA
MAXWELL - YEA O'CONNOR - YEA
WILLIAMS - YEA MOTION CARRIED.
1
1
AGENDA
VII. NEW BUSINESS CONTINUED.
ITEM ADDED TO AGENDA: C. Motion to approve submittal of a Florida
Department of Law Enforcement Justice Assistance Grant Application -
Police Chief (Exhibit 4).
ITEM ADDED TO AGENDA: D. Review the South Parrott Avenue
Landscaping Project - City Administrator (Exhibit 5).
DECEMBER 3, 2013 - REGULAR MEETING - PAGE 5 OF 7 181
COUNCIL ACTION - DISCUSSION - VOTE
Council Member Williams moved to authorize the Mayor to execute an application to the Florida Department of Law
Enforcement (FDLE), for the Federal Fiscal Year 2013 Edward Byrne Memorial Justice Assistance Grant Program,
in the amount of one thousand, eight hundred eighty -six dollars ($1,886.00), for the 2013 Okeechobee Police
Department Evidence /Property Accountability Enhancement Project No. 2014 -JAG; seconded by Council Member
O'Connor.
A memorandum distributed, listed the Summary for Funding Assistance with the following specifications, Project Start
Date: February 1, 2014, End Date: June 30, 2014; Problem Identification: There is an urgent and immediate need to
improve and increase the City's Police Department's ability to process and store increasing larger amounts of
electronic data in a way that will make that data available in a more user friendly format that will better provide for its
use in law enforcement applications including courtroom presentations, statistical analysis, investigative purposes, and
allow for more secure data storage and retrieval. Due to the immediate need to find a means to store increasingly
larger amounts of data including photos, documents, and other items of evidentiary value, etc., it is necessary to
update and purchase electronic equipment that will better facilitate this process; Project Summary: The City Police
Department would like to purchase the following items that would enable the department to work toward solving the
previous stated problem.
These estimated purchases include the following: one computer (unit cost $990.00); one color laser jet printer (unit
cost $350.00); and seven digital Cybershot cameras (unit cost $78.00 each, for a total of $546.00). The estimated cost
of above items is $1,886.00. Should the actual purchase of the items exceed the estimated cost, the costs above and
beyond the grant award amount, will be covered by the City General Fund.
VOTE
KIRK - ABSENT
WATFORD - YEA
MAXWELL - YEA
WILLIAMS - YEA
O'CONNOR - YEA
MOTION CARRIED.
Administrator Whitehall presented, for consensus and discussion, the proposed Landscape Plan for the Okeechobee
Main Street 2012 -13 FHBC Grant FPID NO. 433826-1-74-01, Contract No. AR092, for medians along Highway 441
from State Road 70 (North Park Street) south to 28`h Street (Wolff Road). The proposed plan was completed by HJA
Design Studio of Stuart, Job #13020, November 20, 2013, entitled "Okeechobee Highway 441, Okeechobee City
Streetscape Plan." The Project includes Magnolia and Live Oaks as large trees, Sabal Palm trees, Crape Myrtles,
Japanese Privet and Senna Surattensis as small trees, an alternative small tree is the Silver Buttonwood, estimated
cost of thirty -eight thousand, four hundred dollars ($38,400.00).
182
AGENDA
VII. NEW BUSINESS CONTINUED.
ITEM ADDED TO AGENDA: D. Review the South Parrott Avenue
Landscaping Project continued.
DECEMBER 3, 2013 - REGULAR MEETING - PAGE 6 OF 7
COUNCIL ACTION - DISCUSSION - VOTE
Beginning at the median South of North Park Street and continuing South, each median is numbered 441 S -1 to 441S-
21. The proposed landscape plan Lists the following items, for each median section:
441S -1 (Park to 2nd Streets) two Sabal Palms
441 S -3 (3`d to 4th Streets) five Saba! Palms
441 S -5 (5th to 6th Streets) four Saba! Palms
441 S-7 (7th to 8th Streets) will not have any trees
441S-9 (9th to 10th Streets) five Crape Myrtle
4415 -11 (11th to 12th Streets) 10 Sabal palms
4415 -13 (13th to 14th Streets) five Senna Surattensis
4415 -16 (16th to 17th Streets) five Sabal palms
441 5 -17 (17th to 18th Streets) six Crape Myrtles
441S-19 (19th to 21' Streets) 11 Sabal Palms
441 S -2 (2nd to 3rd Streets) four Saba! Palms
441 S -4 (4th to 5th Streets) four Sabal Palms
441 S -6 (6th to 7th Streets) four Sabal Palms
441 S -8 (8th to 9th Streets) five Senna Surattensis
441S-10 (10th to 11th Streets) 10 Sabal palms
441S -12 (12th to 13th Streets) six Crape Myrtles
441S-14 & 15 (14th to 16th Streets) four Crape Myrtles,
six Saba! Palms, and three Senna Surattensis
441S-18 (18th to 19th Streets) five Senna Surattensis
441 S -20 (21St to 23`d Streets) four Live Oaks,
441S-21 & 22 (23rd to 28th Streets) 10 Senna Surattensis, 29 Sabal Palms, two Magnolias, and six Crape Myrtles
six Japanese Privets, nine Crape Myrtles, and eight Sabal Palms
Administrator Whitehall called to Council's attention that the medians located from South 23rd to 28th Streets are
outside the City Limits. The County has been asked to assume the maintenance, with no response to date. The
concern of irrigation was discussed in which some medians have water meters, owned by the Okeechobee Utility
Authority. The landscape chosen requires very little watering, so when needed, the fire truck could be utilized. Council
Member Maxwell asked whether any medians to the North would be included with this grant? Administrator Whitehall
explained only the South side was designated, but he would inquire whether the scope could be expanded. Depending
on the response from the County, it may be possible to exchange the landscape proposed for 441S-21 and 441S-22
for the medians on the North side within the City Limits. Council Member Maxwell also asked whether Okeechobee
Main Street has continued to be involved with the project since they were the ones to acquire the grant? Administrator
Whitehall answered, yes, and the Landscape Plan was reviewed by President Maureen Burroughs with no comments
or objections.
The concensus of the Council was to approve the proposed Landscape Plan as presented.
VIII. 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:
Mayor Pro - Tempore Dowli'. '. atford, Jr.
Lane Gamiotea, C City Clerk
DECEMBER 3, 2013 - REGULAR MEETING - PAGE 7 OF 7 183
COUNCIL ACTION - DISCUSSION - VOTE
There being no further discussion nor items on the agenda, Mayor Pro -Tem Watford adjourned the meeting at 2:44
p.m. The next regular scheduled meeting is January 21, 2014 at 6:00 p.m.
PUBLIC NOTICE:
CITY COUNCIL MEETING
The next Regular Meeting of the City Council for the City of Okeechobee,
will be Tuesday, December 3, 2013, at 2:00 p.m. or as soon
thereafter as possible, at City Hall, 55 SE 3rd Avenue, Council Chambers,
Room 200, Okeechobee, Florida.
A PUBLIC HEARING will be conducted at this meeting to consider and adopt the following
proposed Ordinances into law: No. 1106, 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. The proposed ordinance may be inspected in its entirety in the
Office of the City Clerk, during normal business hours.
The agenda is published on the City's website cityof okeechobee.com or contact Robin Brock
863 - 763 -3372 ext 212, rbrock @cityofokeechobee.com for a copy.
The public is invited and encouraged to attend.
ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter
considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record
includes the testimony and evidence upon which the appeal will be based. 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.
by: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk
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CITY OF OKEECHOBEE
DECEMBER 3, 2013 REGULAR CITY COUNCIL MEETING
55 SE 3R° AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974
OFFICIAL AGENDA & HANDWRITTEN MINUTES
P(oft (ALI l`e-?
I. CALL TO ORDER - MAYOR: Mayor ik called the December 3, 2013, Regular City Council Meeting to order at cQ.)_p.m.
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II. OPENING CEREMONIES: The invocation was offered by the Very Reverend Edward Weiss of the Church of Our
Saviour; Pledge of Allegiance led by Mayor tilt PrbTRJL- �,Jo
III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE City Clerk
Present: Absent:
Mayor James E. Kirk
Council Member Devin Maxwell X
Council Member Mike O'Connor X
Council Member Dowling R. Watford, Jr. X
Council Member Clayton Williams X
City Administrator Brian Whitehall X
City Attorney John R. Cook X
City Clerk Lane Gamiotea X
Deputy Clerk Melisa Jahner X
Police Chief Denny Davis
Fire Chief Herb Smith X
Public Works Director David Allen X
P riss o a o:-.) 10.'6 0...1kdov ° Naan sue., PL C eCAALV` . , 3o q rs (2�.o o ( 6:` ' 4-0
IV. MINUTES - City Clerk. v kt vd 1 3 O c L4A
A. Motion to dispense with the reading and approve the Summary of Council Action for the November 19, 2013 Regular
Meeting.
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Council Member moved to dispense with the reading and approve the Summary of Council Action for the November 19,
2013 Regular Meeting; seconded by Council Member (1113 .
KIRK - YSA QDQJv1/41
WATFORD - YEA
VOTE
MAXWELL - YEA
WILLIAMS - YEA
O'CONNOR. - YEA
MOTION CARRIED. )
V. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
Igo 1.Q
Mayor asked whether there were any requests for the addition, deferral or withdrawn of items on today's agenda. Odd
J Q,LU I6t.t.wivaQ6 tke. C Q,rn. L
VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor.
MAYOROPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT C�.0 P.M. °I
ro'TQx.)o -cl
0.1. a) Motion to read by title only 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 1).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 1106 by title only.
2. a) Motion to adopt proposed Ordinance No. 1106.
The above on the posted agenda was incorrect, below should have been how the language was worded.
B. 1. a) Discussion for motion on the floor, postponed from the November 19, 2013 meeting, made by Council Members
Williams and O'Connor, to adopt 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 1).
Ordinance No. 1106 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."
Page 1 of 4
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CLOSE PUBLIC HEARING - Mayor.
MAYOR 2ISCLOSED THE PUBLIC HEARING AT I'• 1 O( P.M.
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MAXWELL - ,J. O'CONNOR - 'jtGs.,
WILLIAMS - ION
Page2of
VII. NEW BUSINESS.
A. Motion to approve an agreement to piggyback a contract for services bid by another governmental entity - City
Administrator (Exhibit 2).
Council Member m 0 moved to approve a Pi•gyback Contract [with TSI Disaster Recovery of St. Cloud, Florida], for
services bid by another governmental entity [Osceola County, RFP -11- 2201 -LC on January 9, 2012, as provided in Florida
Statute 287.057]; seconded by Council Member Ci.i .
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WATFORD - Y,e
MAXWELL - �l,Q� O'CONNOR -
WILLIAMS - /Y{G -- (MOTION CARRI
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B. Motion to approve an agreement with TSI Disaster Recovery, LLC pertaining to Storm Water Retrofit/Conveyance
Project #PW- 02- 00 -11 -13 - City Administrator (Exhibit 3).
Council Member Mt moved to approve an agreement [award Bid No. PW- 02- 00- 11 -13] with Ito] TSI Disaster Recovery, LLC
pertaining to [the] Storm Water Retrofit/Conveyance Project Grant, [Florida Department of Environmental Protection Agreement
No. S0672]; seconded by Council Member NU .
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ITEMS ADDED TO AGENDA: NEW BUSINESS CONTINUED.
C. Motion to approve submittal of a Florida Department of Law Enforcement Justice Assistance Grant Application - Police
Chief (Exhibit 4).
Council Member a moved to authorize the Mayor to execute the application to the Florida Department of Law
Enforcement (FDLE) for the Federal Fiscal Year 2013 Edward Byrne Memorial Justice Assistance Grant Program, in the amount
of one thousand, eight hundred eighty -six dollars ($1,886.00), for the 2013 Okeechobee Police Department Evidence /Property
Accountability Enhancement Project No. 2014 -JAG tA, 19Q0 ; seconded by Council Member (lb .
Project State Date: 2/1/2014, End Date: 6/30/2014
Problem Identification: There is an urgent and immediate need to improve and increase our agency's ability to process and store increasing larger
amounts of electronic data in a way that will make that data available in a more user friendly format that will better provide for its use in law enforcement
applications including courtroom presentations, statistical analysis, investigative purposes, and allow for more secure data storage and retrieval. Due to
the immediate need to find a means to store increasingly larger amounts of data including photos, documents, and other items of evidentiary value, etc,
it is necessary to update and purchase electronic equipment that will better facilitate this process.
Project Summary: Our agency would like to purchase the following items that would enable us to work toward solving the above stated problem. These
estimated purchases include the following: one computer (unit cost $990.00); one color laser jet printer (unit cost $350.00); and seven digital Cybershot
cameras (unit cost $78.00 each, for a total of $546.00). The estimated cost of above items is $1,886.00. Should the actual purchase of the items exceed
the estimated cost, the costs above and beyond the grant award amount, will be covered by the City General Fund.
KIRK -SRN
WATFORD - y-
VOTE
MAXWELL -
WILLIAMS - t!,(ik_
MOT • N CARRIED)
D. Motion to approve the South Parrott Avenue Landscaping Project for the Okeechobee Main Street 2012 -13 FHBC
Grant FPID NO. 433826-1-74-01, Contract No. AR092, for medians along Highway 441 from State Road 70 (North Park
Street) south to 28th Street (Wolff Road) - City Administrator (Exhibit 5).
Council Member moved to approved the South Parrott Avenue Landscaping Project as presented in Exhibit 5 by HJA
Design Studio of Stuart, Job No. 13020, dated November 20, 2013 titled "Okeechobee Highway 441 Okeechobee City
Streetscape Plan," related to the Okeechobee Main Street 2012 -2013 FHBC Grant FPID No. 433826- 1 -74 -01 Contract No.
AR092; seconded by Council Member
Project includes magnolia and live oak as large trees with over 11 -inch trunks, 102 sabals for palm trees, 36 crape myrtles, six Japanese privet and 28
senna surattensis /gloss shower /glaucous cassia as small trees, an alternative small tree is the silver buttonwood, estimated cost $38,400.00.
Beginning at the median south of North Park Street and continuing
the following items for each median section:
441 S -1 (Park to 2 "d Streets) will have two sabal palms.
441 S -3 (3`d to 4th Streets) will have five sabal palms
441 S -5 (5th to 6th Streets) will ahve four sabal palms
441 S -7 (7th to 8th Streets) will not have any treets
441S-9 (9th to 10" Streets) will have five crepe myrtles
441S -11 (11th to 12' Streets) will have 10 sabal palms
441S -13 (13th to 14th Streets) will have five senna surattensis
441S-16 (16th to 17th Streets) will havefive sabal palms
441S-17 (17th to 18' Streets) will have six crepe myrtles
441S-19 (19th to 21" Streets) will have 11 sabal palms
441S-21 & 22 (23`d to 28th Streets) ill have 10 senna surattensis,
six japanesse privets, nine crepe myrtles, and eight sabal palms
south, each median is number 441 S -1 to 441S-21. The proposed landscape plan lists
441 S -2 (2 "d to 3`d Streets) will have four sabal palms
441 S -4 (4th to 5th Streets) will have four sabal palms
441 S -6 (6th to 7th Streets) will ahve four sabal palms
441 S -8 (8th to 9" Streets) will have five senna surattensis
441S-10 (10th to 11th Streets) will have 10 sabal palms
441S -12 (12th to 13th Streets) will have six crepe myrtles
441S -14 & 15 (14th to 16' Streets) will have four crepe myrtles, six sabal palms,
and three senna surattensis
441S-18 (18th to 19" Streets) will have five senna surattensis
441S-20 (21St to 23rd Streets) will have four live oaks, 29 sabal palms, two
magnolias, and six crepe myrtles
The landscape plan also noted for "discussion" conceptual shrubs and ground covers, proposing: saw palmetto, pink muhly grass, dwarf Ilex, foxtail fern,
variety of flax lily, dward bougainvillea, spider lily, green island ficus, and perennial peanut.
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VIII. ADJOURN MEETING - Mayor.
There being no further items on the agenda, nor discussion, Mayor Kirk adjourned the meeting at o9.' p m
Page 4 of 4
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CITY OF OKEECHOBEE
DECEMBER 3, 2013 REGULAR CITY COUNCIL MEETING
55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974
OFFICIAL AGENDA & HANDWRITTEN MINUTES
I. CALL TO ORDER - MAYOR: Mayor;
;To rd
called the December 3, 2013, Regular City Council Meeting to order ate ,vim.
II. OPENING CEREMONIES: The invocation was offered by the Very Reverend Edward Weiss of the Church of Our
Saviour; Pledge of Allegiance led by Mayor zdetif
111. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk
Present: Absen •
Mayor James E. Kirk -3(- --
Council Member Devin Maxwell X
Council Member Mike O'Connor X
Council Member Dowling R. Watford, Jr. X /)ice
Council Member Clayton Williams X
City Administrator Brian Whitehall X
City Attorney John R. Cook X
City Clerk Lane Gamiotea X
Deputy Clerk Melisa Jahner X ��(�
Police Chief Denny Davis �F — /'1
Fire Chief Herb Smith X (1
P}jblic Works Director David, Allen X
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IV. MINUTES - City Clerk. 0 0 i
A. Motion to dispense with the reading and approve the Summary of Council Action for the November 19, 2013 Regular
Meeting.
Council Member /ii %' moved to dispense with the reading and approve the Summary of Council Action for the November 19,
2013 Regular Meeting; seconded by Council Member ('(;j) .
VOTE
KIRK - YEA
WATFORD - YEA
MAXWELL - YEA
WILLIAMS - YEA
O'CONNOR -_Y.EE■
MOTION CARRIED.
7D Lu-Oz(A5,
V. AGENDA - Mayor.
A. Requests for the additjon, deferral or withdrawal of items on today's agenda.
MWyor k -Isked whether there were any requests for the addition, deferral or withdrawn of items on today's agenda.
D u073
VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor.
MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT • •Oq P.M.
13.1. a) Motion to read by title only 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 1).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 1106 by title only.
2. a) Motion to adopt proposed Ordinance No. 1106.
The above on the posted agenda was incorrect, below should have been how the language was worded.
B. 1. a) Discussion for motion on the floor, postponed from the November 19, 2013 meeting, made by Council Members
Williams and O'Connor, to adopt 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 1).
Ordinance No. 1106 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."
Page 1 of,3' j/
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b) Vote on motion.
VOTE
KIRK -
MAXWELL - O'CONNOR -
WATFORD - WILLIAMS - MOTION CARRIED.
CLOSE PUBLIC HEARING - Mayor.
MAYOR KIRK CLOSED THE PUBLIC HEARING AT %l9' P.M.
Page 2 of/ L/
VII. NEW BUSINESS.
A. Motion to approve an agreement to piggyback a contract for services bid by another governmental entity - City
Administrator (Exhibit 2).
Council Member at h moved to approve a Piggyback Contract [with TSI Disaster Recovery of St. Cloud, Florida], for
services bid by another governmental entity [Osceola County, RFP -11- 2201 -LC on January 9, 2012, as provided in Florida
Statute 287.0571; seconded by Council Member (z .
L) No/g. g TSI LA °Qv Ple#-e c-i I4 60/
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VOTE
KIRK - MAXWELL - ''CONNOR ---
WATFORD - WILLIAMS - MOTION CARRIED.
B. Motion to approve an agreement with TSI Disaster Recovery, LLC pertaining to Storm Water Retrofit/Conveyance
Project #PW- 02- 00 -11 -13 - City Administrator (Exhibit 3).
Council Member ) r`moved to approve an agreement [award Bid No. PW- 02- 00- 11 -13] with [to] TSI Disaster Recovery, LLC
pertaining to [the] Storm Water Retrofit/Conveyancy Project Grant, _Florida Department of Environmental Protection Agreement
No. S0672]; seconded by Council Member C�tdJ.
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KIRK - MAXWELL - O'CONNOR -
WATFORD - WILLIAMS - MOTION CARRIED.
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ITEMS ADDED TO AGENDA: NEW BUSINESS CONTINUED.
C. Motion to approve submittal of a Florida Department of Law Enforcement Justice Assistance Grant Application - Police
Chief (Exhibit 4).
Council Member ( moved to authorize the Mayor to execute the application to the Florida Department of Law
Enforcement (FDLE) for the Federal Fiscal Year 2013 Edward Byrne Memorial Justice Assistance Grant Program, in the amount
of one thousand, eight hundred eighty -six dollars ($1,886.00), for the 2013 Okeechobee Police Department Evidence /Property
Accountability Enhancement Project No. 2014 -JAG MO seconded by Council Member
Project State Date: 2/1/2014, End Date: 6/30/2014
Problem Identification: There is an urgent and immediate need to improve and increase our agency's ability to process and store increasing larger
amounts of electronic data in a way that will make that data available in a more user friendly format that will better provide for its use in law enforcement
applications including courtroom presentations, statistical analysis, investigative purposes, and allow for more secure data storage and retrieval. Due to
the immediate need to find a means to store increasingly larger amounts of data including photos, documents, and other items of evidentiary value, etc,
it is necessary to update and purchase electronic equipment that will better facilitate this process.
Project Summary: Our agency would like to purchase the following items that would enable us to work toward solving the above stated problem. These
estimated purchases include the following: one computer (unit cost $990.00); one color laser jet printer (unit cost $350.00); and seven digital Cybershot
cameras (unit cost $78.00 each, for a total of $546.00). The estimated cost of above items is $1,886.00. Should the actual purchase of the items exceed
the estimated cost, the costs above and beyond the grant award amount, will be covered by the City General Fund.
VOTE
KIRK -
WATFORD -
MAXWELL -
WILLIAMS -
O'CONNOR -
MOTION CARRIED.
D. Motion to approve the South Parrott Avenue Landscaping Project for the Okeechobee Main Street 2012 -13 FHBC
Grant FPID NO. 433826-1-74-01, Contract No. AR092, for medians along Highway 441 from State Road 70 (North Park
Street) south to 28th Street (Wolff Road) - City Administrator (Exhibit 5).
Council Member moved to approved the South Parrott Avenue Landscaping Project as presented in Exhibit 5 by HJA
Design Studio of Stuart, Job No. 13020, dated November 20, 2013 titled "Okeechobee Highway 441 Okeechobee City
Streetscape Plan," related to the Okeechobee Main Street 2012 -2013 FHBC Grant FPID No. 433826- 1 -74 -01 Contract No.
AR092; seconded by Council Member
Project includes magnolia and live oak as large trees with over 11 -inch trunks, 102 sabals for palm trees, 36 crape myrtles, six Japanese privet and 28
senna surattensis /gloss shower /glaucous cassia as small trees, an alternative small tree is the silver buttonwood, estimated cost $38,400.00.
Beginning at the median south of North Park Street and continuing
the following items for each median section:
441S -1 (Park to 2nd Streets) will have two sabal palms.
441 S -3 (3`d to 4th Streets) will have five sabal palms
441 S -5 (5th to 6" Streets) will ahve four sabal palms
441 S -7 (7th to 8th Streets) will not have any treets
441S-9 (9th to 10th Streets) will have five crepe myrtles
441S -11 (11th to 12th Streets) will have 10 sabal palms
441S-13 (13th to 14th Streets) will have five senna surattensis
441S-16 (16`h to 17th Streets) will havefive sabal palms
441S-17 (17th to 18th Streets) will have six crepe myrtles
441S -19 (19th to 21st Streets) will have 11 sabal palms
441S -21 & 22 (23`d to 28th Streets) ill have 10 senna surattensis,
six japanesse privets, nine crepe myrtles, and eight sabal palms
south, each median is number 441S-1 to 441 S -21. The proposed landscape plan lists
441S -2 (2nd to 3rd Streets) will have four sabal palms
441 S -4 (4th to 5th Streets) will have four sabal palms
441S-6 (6th to 7th Streets) will ahve four sabal palms
441 S -8 (8th to 9th Streets) will have five senna surattensis
441S-10 (10th to 11th Streets) will have 10 sabal palms
441S-12 (12th to 13th Streets) will have six crepe myrtles
441S-14 & 15 (14th to 16th Streets) will have four crepe myrtles, six sabal palms,
and three senna surattensis
441S -18 (18th to 19`h Streets) will have five senna surattensis
441S -20 (21St to 23`d Streets) will have four live oaks, 29 sabal palms, two
magnolias, and six crepe myrtles
The landscape plan also noted for "discussion" conceptual shrubs and ground covers, proposing: saw palmetto, pink muhly grass, dwarf Ilex, foxtail fern,
variety of flax lily, dward bougainvillea, spider lily, green island ficus, and perennial peanut.
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VIII. ADJOURN MEETING - Mayor.
There being no further items on the agenda, nor discussion, Mayor Kirk adjourned the meeting at m
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CITY OF OKEECHOBEE
DECEMBER 3, 2013
55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974
REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
I. CALL TO ORDER - MAYOR:
II. OPENING CEREMONIES:
December 3, 2013, City Council Regular Meeting, 2:00 p.m.
Invocation given by Dr. Edward Weiss, Church of Our Saviour;
Pledge of Allegiance led by Mayor.
III. 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. MINUTES - City Clerk
A. Motion to dispense with the reading and approve the Summary of Council Action for the November 19, 2013 Regular Meeting.
V. AGENDA - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor.
B.1.a) Motion to read by title only 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 1).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 1106 by title only.
2.a) Motion to adopt proposed Ordinance No. 1106.
b) Public discussion and comments.
c) Vote on motion.
CLOSE PUBLIC HEARING.
VII. NEW BUSINESS.
A. Motion to approve an agreement to piggyback a contract for services bid by another governmental entity - City Administrator (Exhibit 2).
B. Motion to approve an agreement with TSI Disaster Recovery, LC pertaining to Storm Water Retrofit/Conveyance Project #PW- 02- 00 -11 -13 - City
Administrator (Exhibit 3).
December 3.2013 PAGE 2 OF 3
1
December 3, 2013 PAGE 3 OF 3
VIII. 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.
City of Okeechobee 55 SE 31'd Av Okeechobee FL 34974 -2932
Office of the City Administrator Brian Whitehall
Ph 863- 763 -3372 Fax 763 -1686 email: bwhitehall (,,cityofokeechobee.com
* * * * * Memorandum * * * * *
For Dec 3, 2013
TO: Mayor & City Council
FR: Administrator Whitehai'k
RE: Agenda Additions
lxtt-4
CO- hult-1-c4,
rid �-44P6
1. Motion to approve submittal of a Florida Dept of Law
Enforcement Justice Assistance Grant application - as
reflected on the attachedl -pg document, for computer
equipment. As in the past, please take Council action to
approve the Police Dept submittal of the JAG grant application.
2. Review the S. Parrott Av landscaping project (Main St $100k
grant) — Please approve the following plan as prepared to date.
I just want to assure that we are proceeding according to your
wishes.
I distributed in the packets a 6 page landscaping plan for the
441 project. As you can see, the estimated cost of the trees is
$38,400 and they are scattered to allow for line of sight and
placed according to DOT specs.
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
General Project Information
Project Title:
2013 OPD EVIDENCE/PROPERTY ACCOUNTABILITY
ENHANCEMENT PROJECT
Subgrant Recipient: City of Okeechobee
Implementing Agency: Okeechobee City Police Department
Project Start Date: 2/1 /2014 End Date: 6/30/2014
Problem Identification
There is an urgent and immediate need to improve and increase our agency's ability to process
and store increasing larger amounts of electronic data in a way that will make that data available
in a more user friendly format that will better provide for its use in law enforcement applications
including courtroom presentations, statistical analysis, investigative purposes, and allow for more
secure data storage and retrieval.
Due to the immediate need to find a means to store increasingly larger amounts of data including
Photos, documents, and other items of evidentiary value, etc., it is necessary to update and
purchase electronic equipment that will better facilitate this process.
Project Summary (Scope of Work)
Using the grant award amount of $1,886.00 our agency would like to purchase the following items
that would enable us to work toward solving the above stated problem. These purchases would
include the following:
1 Computer (estimated unit cost $990.00)
1 Color LaserJet Laser Printer (estimated unit cost $350.00)
7 digital CyberShot cameras (estimated unit cost $78.00 each or $546.00)
Total estimated cost of above purchases is $1,886.00.
Please Note: Should any purchase amount exceed the $1,886.00 grant award amount those
funds above and beyond the grant award amount will come from the City General Fund.
Application Ref # 2014 -JAGD -1490
Contract - JAGD -OKEE- - -
Rule Reference 11D -9.006 OCJG -005 (rev. April 2005)
Section #2 Page 1 of 2
TO: Mayor & Council
DATE: 10/30/2013
Exhibit 1
Dec 3, 2013
MEMORAN 'UM
FROM: Lane Gamiotea, City Clerkr
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 21, 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
the issue.
Afewweeks ago, Mr. Steve Dobbs contacted my office on behalf of InSite 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/VV alleys in Blocks 12 & 21)
A -5 10/19/10 City Council Minutes, Pages 5 -6 dealing with Developers Agreement
ORDINANCE NO. 1106
A- 1
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.
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 order to 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:
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: 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 appropriate jurisdiction, the remaining section, subsection,
Language to be added is underlined
Language to be deleted is to be struck- through Ordinance No. 1106 Page 1 of 2
r
Section Two:
Section Three:
Section Four:
sentences, clauses, or phrases under application shall not be affected
thereby.
Section five: Six: Effective Date. This ordinance shall be set for
final public hearing the 20th day of February, 2007, and shall take
effect immediately upon its adoption.
Conflict. All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed.
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
appropriate jurisdiction, the remaining section, subsection, sentences,
clauses, or phrases under application shall not be affected thereby.
Effective Date. This ordinance shall be set for final public hearing the
19th day of November, 2013, and shall take effect immediately upon
its adoption.
INTRODUCED for first reading and set for final public hearing this 5th 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:
Lane Gamiotea, CMG, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Language to be added is underlined
Language to be deleted is to be strut-It-through
James E. Kirk, Mayor
Ordinance No. 1106 Page 2 of 2
ORDINANCE NO. 971
AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS
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 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 properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
Section One. 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
1 through 13, inclusive and Lots 14 through 26, inclusive
of Block 4; and
The alleyways running East to West located between Lots 1
through 10, Inclusive and Lots 17 though 26, inclusive, and
running North to South between Lots 10 and 11 through 16,
Inclusive and 17 of Block 12; and
The alleyway running East to West located between Lots 1
through 13, Inclusive 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
20; 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.
Page 1 of 2
Book624 /Page871 CFN #2007002994 Page 1 of 2
A °2
r
Section Two.
Section Three.
Section Four.
Section Five.
INTRODUCED
2007.
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.
Utility Easements. 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.
Right of 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.
The City Clerk shall cause a certified copy of the ordinance to be
recorded in the public records of Okeechobee County, Florida.
This ordinance shall be set for final public hearing the 20" day of
February. 2007, and shall take effect immediately upon its adoption.
for first reading and set for final public hearin. this 16tday of January,
C �e�
Lane Gamiotea CMC,.City Clerk
James E. Kirk, Mayor
PASSED and ADOPTED on second and final public hearing this 20th day of February,
2007.
AtTB §T: •
Lane Gamiotea; CMC, City Clerk
REVIEWED FOR LEGft4L SUFFICIENCY:
John R. Cook, ity Attorney
Page 2 of 2
James E. Kirk, Mayor
Book624 /Page872 CFN #2007002994 Page 2 of 2
722
. FEBRUARY 20, 2007 - REGULAR MEETING • PAGE 3 of 14
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VII.
•
'
PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED,
A. 1. Discussion and public comments continued.
2. Vote on motion.
B. 1. a) Motion to read•by title only proposed Ordinance No. 971 regarding
Alley Closing Application No. 85, InSite Development Group, LLC -
City Attorney (Exhibit 2).
b) Vote on motion. •
c) City Attorney to read proposed Ordinance No. 971 by title only.
•
2. a) Motion to adopt proposed Ordinance No. 971.
b) Public comments and discussion.
Council Member Watford asked whether the Ingress/egress proposed by the applicant will still be aligned at the
Signalized intersection at East 10th Avenue? Mr. Tucker answered yes.
VOTE .
KIRK -YEA MARKHAM-ABSENT WATFORD -YEA
C. WILLIAMS • YEA L. WILUAMS - YEA MOTION CARRIED.
Council Member Watford moved to read by title only, proposed Ordinance No. 971 regarding Alley Closing Application
No. 85, InSite Development Group, LLC; seconded by Council Member L. Williams.
VOTE
KIRK - YEA MARKHAM - ABSENT WATFORD - YEA
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 971 by title only as follows: AN ORDINANCE CLOSING, VACATING
AND ABANDONING THE ALLEYS 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 EASEMENT FOR UTILITY PURPOSES; PROVIDING FORA RIGHT
OF REVERSION; AND DIRECTING THE CITY CLERKTO 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:" .
Council Member L. Williams moved to adopt proposed Ordinance No. 971; seconded by Council Member Watford.
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
Eat 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 owner InSite Development LLC. Easements are being requested
by Florida Power at 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.
723
FEBRUARY 20, 2007 - REGULAR MEETING - PAGE 4 OF 14
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VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
B. 2. b) Public comments and discussion continued,
.
c) Vote on motion.
•
C. 1. a) Motion to read by title only, proposed Ordinance No. 974 regarding
Rezoning Application No. 07- 001 -R, submitted by William Mason -
City Planning Consultant (Exhibit 3).
b) Vote on motion to read by title only.
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 has changed from 255 units to 238,
and the club house has been removed. Mr. Dobbs reviewed the site plan and was inquiring 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 Coinmittee (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 Council's 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 wanted this to be a good project and will do everything by the code.
Ms. Mary Hinton, Governmental Liaison of tnSite 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.
VOTE
KIRK -YEA MARKHAM- ABSENT WATFORD -YEA
C. WILLiAMS- YaA 1.. Mums -YEA MOnoN CARRIED.
Council MemberWatford moved to amend proposed Ordinance No. 974 regarding RezoningApplicatlon No. 07-001-R,
submitted by William Mason, to add "Residential Multiple Family (RMF) and" in front of Holding and read by title only;
seconded by Council Member L Williams.
VOTE -
KIRK -YEA MARKHAM- ABSENT WATFORD -YEA
C. WILUAMS - YEA L. WIWAMS - YEA MOTION 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 proposed Ordinance No. 963 to be after the Technical Review
Commlttee•approves the Preliminary Site Plan • City Attorney
(Exhibit 4).
B.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 Ailey
Closing Application No. 85, InSite Development Group, LLC - City
Attorney (Exhibit 5).
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 OF 9
r i'tt. YS,'f•:'; '*ti• <: ,k5',7:2,:x'�T. +.::h,r;M°S7
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 Committee approves the Preliminary Site Plan;
seconded by Council Member L. Williams.
In addition to the rezoning petition for this property, 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 Community
Affairs. The Council noted that the fl al rezoning cannot he adopted until that issue is resolved as well.
Attorney Cook will continue to keep the Mayor and Council informed through the Administrator on the progress of the
situation.
VOTE
KIRK • YEA
C. WILLIAMS - YEA
MARKHAM•YEA
L. WILLIAMS • YEA
WATFORD- 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, lnSite Development Group, LLC; seconded
by Council Member C. Williams.
VOTE
KIRK • YEA
C. WILLIAMS • YEA
MARKHAM- YEA
L, WILUAMS • YEA
WATFORD • YEA
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 971 by title only as follows: "AN ORDINANCE CLOSING, VACATING
AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCKS 4, 12, 13, 20
AND 21, CITY OF OKEECHOBEE SUBDIVViSION, 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 NONEXCLUSIVE EASEMENT FOR UTILITY PURPOSES; PROVIDING FORA RIGHT
OFREVERSION; AND DIRECTING THE CITY CLERKTO 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."
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IX. NEW BUSINESS CONTINUED.
701.
JANUARY 16, 2007 - REGULAR MEETING - PAGE 7 OF 9
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B. 2, a) Motion to approve the first reading of proposed Ordinance No. 971.
b) Discussion.
Council Member C. Williams moved to approve the first reading of proposed Ordinance No. 971; seconded by Council
Member L. Williams.
Ailey 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 multi- family
development.
Mayor Kirk, Council Members 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 Member'Markham noted the amount of density that will be increased concerned him, specifically the density
per block once the alleyways are closed and the area is replatted. Basically, an additional 2.64 acres will be added
for the alleys alone. Replatting 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 net 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
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IX. NEW BUSINESS CONTINUED.
B. 2. b) Discussion continued.
c) Vote on motion.
C. Motion to approve the 2007 Grievance Committee - City Clerk
(Exhibit 6).
D. Motion to approve Alternate Bid A for the NE 12th Street Extension -
City Administrator (Exhibit 7).
E. Motion to approve a bid regarding acquisition of a shed to be placed
al the City Bam- City Administrator (Exhibit 8).
_.
Mayor Kirk and Council Member Watford suggested that the first reading be approved. and that each member
will have ample time to iesearch the density issues. They also stated their appreciation to Council Member
Markham for bringing this to their attention.
VOTE
KIRK - YEA MARKHAM - NO WATFORD - YEA
C. WiLUAMS - YEA L. WILLIAMS • YEA MOTION CARRIED.
Council Member Watford moved to approve the 2007 Grievance Committee; seconded by Council Member C.
Williams, members are as follows:
DEPARTMENT REGULAR MEMBER ALTERNATE MEMBER
Admin/Clerk/Fin/Gen Sery Robin Brock Melisa Eddings
Fire Jeff Baugh Phil Conroy
Public Works Marvin Roberts" Clint Gould
Police Tom Terrier Victoria Williams
VOTE
KIRK- YEA MARKHAM -YEA WATFORD - YEA
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED.
Council Member Watford moved to award Alternate Bid A for the Northeast 12th Street Extension to Telehar in the
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 thls project.
VOTE
KiRK- YEA MARKHAM - YEA WATFORD - YEA
C. Williams • YEA L. WILLIAMS -YEA MOTION CARRIED.
Council Member Watford moved to award a bid to Troxell's in the amount of four thousand four hundred dollars
($4,400.00) regarding acquisition of a shed to be placed at the City Bam; seconded by Council Member C. Williams.
The shed will be used for an evidence storage building for the Policy Department.
Prepared by and return to:
PAUL J. LANE, Esq.
2415 N. University Dr.
Coral Springs, Fi. 33065
llll'"`°,,,,, OIiIII111111I1�111IIII11III1llllll1111 1060
OR Btu 00692 PG 0212
SHARON ROBERTSON, CLERK OF CIRCUIT COURT
OKEECHOBEE COUNTY, FLORIDA
RECORDED 10/06/2010 02:24:08 Fit
ANT 43,444.00
RECORD aG FEES $18.50
DEED DO $304.50
RECORDED Y S Creech
Pss 0212 - 213; (2ass)
QUIT CLAIM DEED
This Quit Claim Deed, made this ?
no day of 5tAkA9.4e� , 2010, between H. G.
Culbreth, Jr., Co- Trustee and David O. 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., PR2, Highland Beach,
F1. 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
NO /100 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, - the right title, interest, claim and demand which
grantor has in and to a .slowing described land, situate, lying and being in
Okeechobee County, Flo .i... o wit:
The alleyways runni
10 inclusive and I.o
to South between Lot
Block 12; and
to West located between Lots 1 through
ough 26, inclusive and running North
11, through 16, inclusive and 17 of
The alleyways rennin
10 inclusive and Lots 17 thro
to South between Lots 1
Block 21.
t located between Lots 1 through
26, inclusive and running North
ough 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, 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.
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:
print name)
Qn�4iG:C)�) lD•�rbr.') �t r)
BY:
H. G. Culbreth, r.
Co- Trustee
!'C4i44e)n-1 f1f14 (1G.`A!1 Dn,-.n 1 evc 7
WITNESSES:
sign: t44.t ! L,
print name) KARN F_ JACKSON
Sign:
(prin
STATE OF FLORIDA
v
COUNTY OF ei.-61z4 be..er
B/
David 0. Hamrick
Co- Trustee
I HEREBY CERTIFY that on this day, before me, an 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 [t/f 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
oZ? day of 891 erstbe/; , . , t -10 .
My Commission Expires:04/
STATE OF FLORIDA
COUNTY OF
NOTARY PUBL
I HEREBY CERTIFY that on th'
in the State aforesaid and in
personally appeared David 0. H
a /k /a R. E. Hamrick Trust U/W (LA- personally to me known to be the person
described in and who executed the foregoing instrument or ( 3 who provided
proof of identification in the form of and he
acknowledged before me that he executed the same.
before me, an officer duly authorized
foresaid to take acknowledgments,
, as o- Trustee of Richard Ellis Hamrick
WITNESS my hand and official seal in the County and State aforesaid this
02.4 day of , A.D., 2010.
My Commission Expires:
GLORIAIeiRICAES
MYCOINISSI0N # DD 352158
EXPIRES: AO 13, 2014
BowdadThal BuigetRalsy Ssndces
Page 2 of 2
J.- sm.'430(1 11 ne naAn []nnn 7 of 7
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, F1. 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.
ILE 118IMIUi 2013002246 1
OR BK 00726 PG 1967
SHARON ROBERTSONv CLERK OF CIRCUIT COURT
OKEECHOBEE COUNTY, FLORIDA
RECORDED 03/05/2013 11:50:04 At4
AMT 10.00
RECORDING FEES 818.50
DEED DOC 10.70
RECORDED BY L Shain
Pss 1967 - 1968; (2pss)
QUIT CLAIM DEED
This Quit Claim Deed, made this 3a day of � C- , 2011, between INSITE
DEVELOPMENT GRP, LLC a Florida Limited Lia•ility Company, whose post office
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, F1. 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.)
A -4
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
grantee's 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
10 inclusive and Lots
to South between Lots
Block 12; and
The alleyways running
10 inclusive and Lots
to South between Lots
Block 21.
East to West located between Lots 1 through
17 through 26, inclusive and running North
10 and 11, through 16, inclusive and 17 of
East to West located between Lots 1 through
17 through 26, inclusive and running North
10 and 11, through 16, inclusive and 17 of
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, inclusive and lots 14 through 26, inclusive, of Block 13; and
The alleyway running East to West located between Mots 1 through
13, inclusive and lots 14 through 26, inclusive, of Block 20.
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 1 of 2
Book726 /Page1967 CFN #2013002246 Page 1 of 2
•
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:
WITNESSE . INSIT
sign:
(print name) r/au74- 5r}vt t -
Sign:
print name) 4/7
BY:
iliEVELOPMENT GRP LLC
-AMA tla,
IRVING
MGRM
STATE OF FLO D
A-�
COUNTY OF
I HEREBY CERTIFY that on this 3y day of De C_ , 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 [ ] personally to me known to be the _person
described in and who executed the forego4As i trument, oL who provided
proof of identification in the'form of f77/.L.1) and he
acknowledged before me that he executed the same.
My Commission Expires:
NOTARY PUBLIC
Page 2 of 2
AltQd @H.Tkustao
eftorl
Commladorht EE 92101
ti worn' expkes May 16, 2015
Book726 /Page1968 CFN #2013002246 Page 2 of 2
AG
DA
S 05
OCTOBER 19, 2010 • REGULAR MEETING • PAGE 5 OF 8
IX. NEW BUSINESS CONTINUED.
D. Motion to adopt proposed Resolution No. 10-10 continued,
E. Discussion pertaining to the Southern Trace project • Steve
Dobbs /Irving Haase (Exhibit 5).
COUNCIL ACTION-DISCUSSION • VOTE
Attorney Cook read proposed Resolution No, 10-10 by title only as follows; "A RESOLUTION OF THE CITY OF
OKEECHOBEE FLORIDA OPPOSING AMENDMENT 4 ON THE 2010 GENERAL ELECTION BALLOT, WHICH
PROPOSES AN AMENDMENT TO THE FLORIDA CONSTITUTION REQUIRING THAT EVERY AMENDMENT TO
ACITY'S OR COUNTY'S COMPREHENSIVE PLAN BE SUBJECT TO VOTE OF THE RESPECTIVE CITY'S OR
COUNTY'S ELECTORATE~ PROVIDING AN EFFECTIVE DATE."
Council Member Watford remarked that opposing Amendment No. 4 does not take away any rights of the public. They
still have a voice and a chance to their civic duties by being active on the City's Boards, and appearing at the
various public hearings,
VOTE
KIRK -YEA MARKHAM -YEA O'CoNNOR•YEA
WATFORD • YEA WLIIAMS • YEA MOTION CARRIED.
A potential apartment complex began the development process back in 2006 for Blocks 4,11,12,13, 21 and 22, City
of Okeechobee Subdivision, for 217 multi -family units. The property's located West of North Parrott Avenue, between
Northwest 5'" and 7"' Avenues and Northwest 11'" and 13m Streets, and is approximately 25,11 acres. The company
that owns the property is InSite, LLC. During the process of the rezoning, and 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 InSite LLC and the proposed development as already approved to the new owners,
These new 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 September26, 2009. However, the Developers Agreement was not approved untilJanuary 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.
50G
OCTOBER 19, 2010 -REGULAR MEETING • PAGE 6 OF 7
AGENDA
COUNCIL ACTION • DISCUSSION -VOTE
IX. 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 • City Clerk (Exhibit 6)
. 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
tnSite, LLC, the individual owners can change without having to approve a new Developers Agreement. City Staff had
no objections t0 the requests, Mr. Dobbs also noted for the record that he was one of the new potential investors for
this project.
Council Member Watford moved to reaffirm the Site Plan for Southern Trace as submitted and approved by Technical
Review Committee on September 26, 2007; and the Developer's Agreement as approved on January 20, 2009;
seconded by Council Member O'Connor,
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
Developer's Agreement should not be an issue. Therefore, further action on that matter is not necessary.
VOTE
KIRK -YEA Wawa YEA O'CoutoR•YEA
WATFORD -YEA WILLIAMS • 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.
VOTE
KIRK -YEA MARKHAM • YEA O'CONNOR -YEA
WATFORD -YEA Rums MOTION CARRIED.
Council Member Watford moved to amend the meeting schedule to have one meeting in November, being November
2°4 and change the time to 2:00 p.m., due to the elections, and one meeting in December, being December r at 6:00
p.m.; seconded by Council Member O'Connor.
IRVING HAASE
3201 SOUTH OCEAN BOULEVARD PH -2
HIGHLAND BEACH FL. 33487
P11 561 -278 -7684 FAX -561- 279 -9012
E -MAIL irvinghaase(a@yahoo.com
City of Okeechobee
Steven L. Dobbs, P. E.
To Me
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
December 3, 2013
Dear Mayor Kirk,
baed 1043113 _
�j
I-lepi ,z4,
I am the owner of the development known as Southern Trace. I am attempting to arrange financing for the project that could take
up to a year to complete. I have a Developer's Agreement for 10 years, however when the alleys were abandoned there was a
reverter clause that has already past. In order for the site plan to be valid which in turn makes the Developer's Agreement valid,
the ownership of these alleys cannot be in question in the loan application. I would like for the alley reverter to be in concert with
the Developer's Agreement, but if that is unacceptable to the City at least give me two years to arrange the financing to construct
this project.
itted,
Nhibit 2
Dec 3, 2013
AGREEMENT TO PIGGYBACK A CONTRACT FOR SERVICES BID BY ANOTHER
GOVERNMENTAL ENTITY
WHEREAS, TSI DISASTER RECOVERY, 41 30 Canoe Creek Rd., S t Cloud,
F L 3 4 7 7 2 . a Florida corporation, entered into an agreement dated January 9, 2012, a copy of which
is attached hereto, with OSCEOLA COUNTY, 1 Courthouse Square, Suite 2300, Kissimmee, FL,
34741, a political subdivision of the State of Florida, for
services procured pursuant to F.S. §287.057 (the "Contract "), and
WHEREAS, the CITY OF OKEECHOBEE, a Florida municipal corporation (the "City") has the
legal authority under Chapter Two, Section 2 -289 of the City Of Okeechobee Code of Ordinances to
"piggyback" onto a contract procured pursuant to F.S. §287.057 by another governmental entity when
seeking to utilize the same or similar services provided for in the said contract; and
WHEREAS, the City desires to "piggyback" onto the above referenced Contract between the TSI
DISASTER RECOVERY and OSCEOLA COUNTY for utilization of the same or similar services
(the °Work ") and TSI DISASTER RECOVERY consents to the aforesaid "piggybacking;".
NOW THEREFORE, having found it to be in the public interest,
1. TSI DISASTER RECOVERY affirms and ratifies the terms and conditions of the above referenced
Contract with OSCEOLA COUNTY and agrees to perform the services set forth therein for the City
of Okeechobee in accordance with the terms of said Contract until the Work is completed.
2. The City agrees to utilize the services of TSI DISASTER RECOVERY in a manner and
upon the terms and conditions as set forth in the Contract with
OSCEOLA COUNTY until the Work is completed.
Approved by the City of Okeechobee City Council this
CITY OF OKEECHOBEE
James A. Kirk, Mayor
Day of
TSI DISASTER RECOVERY, LLC
, 2013
Hertf�� . Elms e, Managing Member
STATE OF FLORIDA
ATTEST: COUNTY OF O L-1
Lane Gamiotea, CMC, City Clerk , ( NOT `Y P i B IC, State of Florida
The foregoing was executed before me this 14 day of , 2013,
by Henry W Elmore, who personally swore or affirmed that he is authorized to execute this Agreement
and thereby bind the Corporation. AMY M. HARTMAN
Seal /stamp T ° { r�, NOTA"Y PUBLIC
o o STATE OF FLORIDA
$ Camm# DD967583
Oci 1s Expires 6/14/2014
146
P-i
OSCEOLA COUNTY BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
DEPARTMENT: COMMUNITY DEVELOPMENT
DIVISION /OFFICE: COMMUNITY DEVELOPMENT
DIRECTOR/MANAGER: DAVID TOMEK
MEETING DATE: 1/9/2012
MEETING TYPE: BCC REGULAR
REQUEST TYPE: CONSENT
AGENDA REQUEST
Approval and authorization for the Chairman/Vice- Chairman to execute a service agreement with: (a) Atkins
North America, Inc., (b) EarthBalance Corporation, (c) Johnston's Surveying, Inc., (d) Mitigation Resources,
LLC, (e) Ron's Tractor Mowing-, & Hydro -Ax Services, Inc., (f) Southeastern Archaeological Resources, Inc.,
and (g) TSI Disaster Recovery, LLC, for the award to provide Environmental Lands Management Services in
accordance with RFP -11- 2201 -LC on an as- needed basis. Estimated expenditures shall not exceed a
cumulative total of $5,000,000.00, . for the period beginning upon execution by the COUNTY through
, November 30, 2014. {Reference; RFP -11 - 2201 -LC].
FINANCIAL INFORMATION
TOTAL REQUESTED AMOUNT: $5,000,000
FY 12, a total of $44,000 was budgeted and is available in the Passive Parks budget in General Fund, account
number 0011416572- 5340000 Other Contractual Services and a total of $6,000 was budgeted and is available
in the Passive Parks budget in General Fund, account number 0011416572- 5460000 Repair & Maintenance
Services.
FY12, a total of $321,300 was budgeted and is available in the Environmental Lands Maintenance budget in
account 1251429537 - 5460000 Repair & Maintenance and a total of $393,000 was budgeted and is available
in the Environmental Lands Maintenance budget in account 1251429537 - 5630000 Improvements Other Than
Buildings.
Appropriations for services beyond fiscal year 2012 are subject to additional approvals by the Board of
County Commissioners or the County Manager.
COUNTY ATTORNEY
PROCUREMENT
APPROVING DEPARTMENTS'
ANDREW MAI
BARBARA LAWRENCE
12/30/2011
12/21/2011
BACKGROUND INFORMATION
• This engagement provides:for management services and capital improvement activities on passive parks and land conservation
areas over the term of the agreement-(three years).
• A,solicitation was issued.on July 17, 2011 with a due date of August 16, 2011.
• The project was advertised in the:legal notices section of the Orlando Sentinel on Sunday July 17, 2011, and in the Osceola News
Gazette on Thursday July 2.1, 2011.
• This project was uploaded for broadcast into the Osceola County VendorLink and DemandStar bid notification systems; from
which a total of one thousand three hdndred- twelve (1312) notifications were sent, resulting in.a total of eighty-eight (88) plan
holdersdownloading the solicitation documents.
• The legal advertising and the uploading into both the VendorLink DemandStar systems resulted in a total of fourteen (14)
responses received by 'the due date and time; with four (4) submittals from Osceola County vendors.
• On September 09, 2011 the Evaluation Committee (EC) met and discussed the proposals. The EC reached a consensus and short -
listed the following seven (7) firms and were ranked as follows:
1. EarthBalance, Kissimmee, Florida
2. TSI Disaster Recovery, LLC, Saint Cloud, Florida
3. Mitigation Resources, LLC, Clermont, Florida
4. Ron's Tractor Mowing & Hydro-Ax Services, Saint Cloud, Florida
S. Johnston's Surveying, Inc., Kissimmee, Florida
6. Southeastern Archaeological Research, Inc., Newberry, Florida
7. Atkins North America, Inc., Orlando,:Florida
• The EC unanimously agreed that the above seven (7) firms submitted the most responsive, responsible proposal that best meets
the services required by the County for this project.
• Staff recommends approval and award.
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AGREEMENT
THIS AGREEMENT is made by and between OSCEOLA COUNTY, a political
subdivision of the State of Florida, 1 Courthouse Square, Kissimmee, Florida 34741, hereinafter
referred to as the "COUNTY ", and TSI Disaster Recovery, LLC, 4130 Canoe Creek Road, St
Cloud, Florida 34772 hereinafter referred to as the "CONTRACTOR ".
WITNESSETH:
WHEREAS, the COUNTY has competitively solicited for passive parks and land
conservation management services on an as needed basis, pursuant. to RFP -11- 2201 -LC; and
WHEREAS, the CONTRACTOR has exhibited by its response to the solicitation that it
is capable of providing the required services; and
WHEREAS, the parties hereto have agreed to the terms and conditions cited herein
based on. said .solicitation.
NOW, THEREFORE, in consideration of the 'mutual covenants, terms, and provisions
contained herein, the parties agree as follows:
SECTION 1. TERM.
The term of this Agreement shall begin on the date approved by the Board of County
Commissioners and continue through November 30, 2014, and may be extended when in the best
interests of the COUNTY.
SECTION 2. SCOPE OF SERVICES.
The CONTRACTOR will furnish and install all necessary labor, materials, and
equipment to complete the services set forth in Exhibit "A" which is attached hereto and
incorporated herein.
SECTION 3.. OBLIGATIONS OF THE CONTRACTOR.
Obligations of the CONTRACTOR shall include, but not be limited to, the following:
A. It is understood that the CONTRACTOR shall provide and pay for all labor, tools,
materials, permits, equipment, transportation, supervision, and any and all other
items or services, of any type whatsoever, which are necessary to fully complete
and deliver the services requested by the COUNTY, and shall not have the
authority to create, or cause to be filed, any liens for labor and /or materials on, or
against, the COUNTY, or any property owned by the COUNTY. Such lien,
attachment, or encumbrance, until it is removed, shall preclude any and all claims
or demands for any payment expected by virtue of this Agreement.
B. The CONTRACTOR' will ensure that all of its employees, agents, sub-
, contractors, representatives, volunteers, and the like, fully comply with all of the
terms and conditions set herein, when providing services for the COUNTY in
accordance herewith.
C. The CONTRACTOR shall be solely responsible for the means, methods,
techniques, sequences, safety programs, and procedures necessary to properly and
fully complete the work set forth in the Scope of Services.
D. The CONTRACTOR will maintain an adequate and competent staff, and remain
authorized to do business within the State of Florida. The CONTRACTOR may
subcontract the services requested by the COUNTY; however, the
CONTRACTOR is fully responsible for the satisfactory completion of all
subcontracted work.
E. The CONTRACTOR shall use appropriate tools and /or equipment which are in
good repair and proper working order, so as to enable the CONTRACTOR to
complete the services required hereby.
SECTION 4. WARRANTY.
The CONTRACTOR agrees to provide a full warranty to the COUNTY for all services
which it provides hereunder for one full year following the date of final completion of said
services. In the event that the CONTRACTOR is called to perform warranty work, the
CONTRACTOR will be responsible for all costs incurred in repairing the areas under warranty.
If it is determined that new problem areas have appeared, which were not areas repaired by the
CONTRACTOR under the Scope . of 'Services set forth herein, the COUNTY will be responsible
for the costs incurred in repairing the new areas. Any manufacturer's guarantee related to the
materials. installed by the CONTRACTOR shall extend for the full Warranty period.
SECTION 5. STANDARD OF CARE.
A. The CONTRACTOR has represented to the COUNTY that it possesses a level of
knowledge, experience, and expertise that is commensurate with firms in the areas
of practice required for the services to be provided. By executing this Agreement,
the CONTRACTOR agrees that the CONTRACTOR will exercise that degree of
2
Rev 06/09
B.
SECTION 6.
A.
B.
C.
SECTION 7.
care, knowledge, skill, and ability as any other Similarly situated contractor
possessing the degree of skill, knowledge, experience, and expertise within the
local area, working on similar activities. The CONTRACTOR shall perform the
services requested in an efficient manner, consistent with the COUNTY's stated
scope of services and industry standards.
The CONTRACTOR covenants and agrees that it and its employees, agents, sub-
contractors, representatives, volunteers, and the like, shall be bound by the same
standards of conduct as stated above.
COMPENSATION.
The amount lo be paid under this Agreement for services rendered will not exceed
Five Million and 00/100 Dollars ($5,000,000.00) for the term of this Agreement,
in accordance with the fee schedule set forth in Exhibit "B" which is attached
hereto and. made a binding part hereof.
Compensation for services completed by the CONTRACTOR will be paid in
accordance with section 218.70, Florida Statutes, Florida's Prompt Payment Act.
Services to be performed in accordance with this Agreement are subject to the
annual appropriation of funds by the COUNTY. In its sole discretion, the
COUNTY reserves the right to forego use of the CONTRACTOR for any project
which may fall' within the Scope of Services listed herein. In the event the
COUNTY is not satisfied with the services provided by the CONTRACTOR, the
COUNTY will hold any amounts due until such time as the CONTRACTOR has
appropriately addressed the problem.
TERMINATION.
Either party may terminate this Agreement, with or without cause, given. thirty (30) days
Wriften notice to the other party.
SECTION 8.
A.
PAYMENT WHEN SERVICES ARE TERMINATED.
In the event of termination of this Agreement by the COUNTY, and not due to the
fault' of the CONTRACTOR, the COUNTY shall compensate the
CONTRACTOR for all services performed prior to the effective date of
termination.
3
Rev 06/09
B. In the event of termination of this Agreement due to the fault of the
CONTRACTOR, or at the written request of the CONTRACTOR, the COUNTY
shall compensate the CONTRACTOR for all services completed, prior to the
effective date of termination, which have resulted in a usable product or otherwise
tangible benefit to the COUNTY. All such payments shall be subject to an off -set
for any damages incurred by the COUNTY resulting from any delay occasioned
by early termination. This provision shall in no way be construed as the sole
remedy available to the COUNTY in the event of breach by the CONTRACTOR.
SECTION 9. INSURANCE.
A. The CONTRACTOR shall maintain the following types of insurance, with the
respective limits, and shall provide proof of same to the COUNTY, in the form of a
Certificate of Insurance prior to the start of any work hereunder:
1. AUTOMOBILE:
a. Combined Single Limit: $300,000.00 per accident,
OR
b. Bodily Injury: $300,000.00 per person,
AND
Property Damage: $200,000.00 per accident;
2. GENERAL LIABILITY` $1,000,000.00 each occurrence;
3. GENERAL AGGREGATE: $2,000,000.00;
4. EXCESS COVERAGE: $1,000,000.00; and,
5. WORKERS' COMPENSATION: Employers' liability insurance which covers
the statutory obligation for all persons engaged in the performance of the work
required hereunder with limits not less than $1,000,000.00 per occurrence.
Evidence of qualified self - insurance status will suffice for this subsection. The
CONTRACTOR understands and acknowledges that it shall be solely
responsible for any and all medical and liability costs associated with an injury
to itself and /or to its employees, sub - contractors, volunteers, and the like,
including the costs to defend the COUNTY in the event of litigation against
same.
B. The CONTRACTOR shall name the "Osceola County Board of County
Commissioners" as a certificate holder and /or as additional insured, to the extent of the
services to be provided hereunder, on all required insurance policies, and provide the
COUNTY with proof of same.
4
Rev 06/09
C. The CONTRACTOR shall provide the COUNTY's Procurement Services with a
Certificate of Insurance evidencing such coverage for the duration of this Agreement.
Said Certificate of Insurance shall be dated and show:
1. The name of the insured CONTRACTOR,
2. The specified job by name and job number,
3. The name of the insurer,
4. The number of the policy,
5. The effective date,
6. The termination date,
7. A statement that the insurer will mail notice to the COUNTY at least thirty (30)
days prior to any material changes in the provisions or cancellation of the
policy.
D. Receipt of certificates or other documentation of insurance or policies or copies of
policies by the COUNTY, or by any of its representatives, which indicates less
coverage than . is required, does not constitute a waiver of the CONTRACTOR's
obligation to fulfill the insurance requirements specified herein.
E. The CONTRACTOR shall ensure that any sub-contractor(s), hired to perform any of
the duties contained in the Scope of Services of this Agreement, maintain the same
insurance requirements set forth herein. In addition, the CONTRACTOR shall
maintain proof of same on file and made readily available upon request by the
COUNTY.
SECTION 10. COUNTY OBLIGATIONS.
At the CONTRACTOR's request, the COUNTY agrees to provide, at no cost, all
pertinent information known to be available to the COUNTY to assist the CONTRACTOR in
providing and performing the required services.
SECTION 11. ENTIRE AGREEMENT.
This Agreement, including referenced exhibits and attachments hereto, constitutes the
entire agreement between the parties and shall supersede, replace and nullify any and all prior
agreements or understandings, written or oral, relating to the matters set forth herein, and any
such prior agreements or understandings shall have no force or effect whatsoever on this
Agreement.
SECTION 12. APPLICABLE LAW, VENUE, JURY TRIAL.
The laws of the State of Florida shall govern all aspects of this Agreement. In the event it
is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in
Osceola County, Florida. The parties hereby waive their right to trial by jury in any action,
5
Rev 06/09
proceeding or claim, arising out of this Agreement, which may be brought by either of the parties
hereto.
SECTION 13. PUBLIC RECORDS.
The CONTRACTOR. understands that by virtue of this Agreement all of its documents,
records and materials of any kind,;relating to the relationship created hereby, shall be open to the
public for inspection in accordance. with Florida law.
SECTION 14. INDEPENDENT CONTRACTOR.
This Agreement does not create an employee /employer relationship between the parties.
It is the patties' intention that the CONTRACTOR, its employees, sub - contractors,
representatives, volunteers, and the like, will be an independent contractor and not an employee
of the COUNTY for all purposes, including, but not limited -to, the application of the following,
as amended: the Fair Labor Standards Act minimum wage and overtime payments, the Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State of Florida revenue and taxation laws, the
State of Florida workers' compensation laws, the State of Florida! unemployment insurance laws,
and the Florida Retirement System benefits. The CONTRACTOR will retain sole and absolute
discretion in the judgment of the manner and means of carrying out the CONTRACTOR's
activities and responsibilities hereunder.
SECTION 15. APPLICABLE LICENSING.
The CONTRACTOR, at its sole expense, shall obtain all required federal, state, and local
licenses, occupational and otherwise, required to successfully provide the services set forth
herein.
SECTION 16. COMPLIANCE WITH ALL LAWS.
The. CONTRACTOR, at its sole expense, shall comply with all laws, ordinances judicial
decisions, orders, and regulations of federal, state, county, and municipal :governments, as well
as their'respective departments, commissions, boards, and officers, which are in effect at-the time
of execution of this Agreement or are adopted at any time following the execution of this
Agreement.
SECTION 17. INDEMNIFICATION.
The CONTRACTOR agrees to be liable for any and all damages, losses, and expenses
incurred, by the COUNTY, caused by the acts and/or omissions of the CONTRACTOR, or any
of its employees, agents, sub - contractors, representatives, volunteers, or the like. The
6
Rev 06/09
CONTRACTOR agrees to indemnify, defend and hold the COUNTY harmless for any and all
claims, suits, judgments or damages, losses and expenses, including but not limited to, court
costs, expert witnesses, consultation services and attorney's fees, arising from any and all acts
and /or omissions of the CONTRACTOR, or any of its employees, agents, sub - contractors,
representatives, volunteers, or the like. Said indemnification, defense, and hold harmless actions
shall not be . limited by any insurance amounts required hereunder..
SECTION 18. SOVEREIGN IMMUNITY
The COUNTY expressly retains all rights, benefits and immunities of sovereign
immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set
forth in any section, article or paragraph of this Agreement to the contrary, nothing in this
Agreement shall be deemed as a waiver of sovereign immunity or limits of liability which may
have been adopted by the Florida Legislature or may be adopted by the Florida Legislature, and
the cap on the amount and liability of COUNTY for damages, attorney fees and costs, regardless
of the number or nature of claims in tort, . equity or contract, shall not exceed the dollar 'amount
:set by the Florida Legislature for tort. Nothing in this Agreement shall inure to the benefit of any
third party for the purpose of allowing any claim against' the COUNTY which would otherwise
be barred under the Doctrine ofSovereign Immunity or operation of law.
SECTION 19. BANKRUPTCY OR INSOLVENCY.
if the CONTRACTOR files a Petition in Bankruptcy, or if the same shall be adjudged
bankrupt or insolvent by any Court, or if a receiver of the property of the CONTRACTOR shall
be appointed in any proceeding brought by or against the CONTRACTOR, or if the
CONTRACTOR shall make an assignment for the benefit of creditors, or 'proceedings shall be
commenced on or against the CONTRACTOR's operations of the. premises, the. COUNTY may
terminate this Agreement immediately, notwithstanding the notice requirements of Section 7
hereof.
SECTION 20. BINDING EFFECT.
This Agreement shall be binding:upon and enure to the benefit of the parties hereto, their
heirs, personal representatives, successors, and /or assigns.
SECTION 21. ASSIGNMENT.
This Agreement shall only be assignable by the CONTRACTOR upon the express
written consent.of the COUNTY.
7 Rev 06/09
SECTION 22. SEVERABILITY.
All clauses found herein shall act independently of each other. If a clause is found to be
illegal or unenforceable, it shall have no effect on any other provision of this Agreement. It is
understood by the parties hereto that if any part, term, or provision of this Agreement is by the
courts held to be illegal or in conflict with any law of the State of Florida or the United States,
the validity of the remaining portions or provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the Agreement did not contain the
particular part, term, or provision held to be invalid.
SECTION 23. WAIVER.
Failure of the parties to insist upon strict performance of any of the covenants, terms,
provisions, or conditions of this Agreement or to exercise any right or option herein contained,
shall not be construed as a waiver or a relinquishment for the future of any such covenant, term,
provision, or condition, or right of election, but same shall remain in fiill force and effect.
SECTION 24. NOTICE.
The parties hereto agree and understand that written notice, mailed or delivered to the last
known mailing address, shall constitute sufficient notice to the COUNTY and the
CONTRACTOR. All notices required and /or made pursuant to this Agreement to be given to the
COUNTY and the CONTRACTOR shall be in writing and given by way of the United States
Postal Service, first class mail, postage prepaid, addressed to the following addresses of record:
COUNTY:
Osceola County
Attention: Procurement Services
1 Courthouse Square, Suite 2300
Kissimmee, Florida 34741
CONTRACTOR: TSI Disaster Recovery, LLC
4130 Canoe Creek Road
St Cloud, Florida 34772
SECTION. 25. MODIFICATION.
The covenants, terms, and provisions of this Agreement may be modified by way of a
written instrument, mutually accepted by the parties hereto. In the event of a conflict between the
covenants, terms, and/or provisions of this Agreement and any written Amendment(s) hereto, the
provisions of the latest executed instrument shall take precedence.
8
Rev 06/09
SECTION 26. HEADINGS:
All headings of the sections, exhibits, and attachments contained in this Agreement are
for the purpose of convenience only and shall not be deemed to expand, limit, or change the
provisions contained in such sections, exhibits, and attachments.
SECTION 27. ADMINISTRATIVE PROVISIONS.
In the event the COUNTY issues a purchase order, memorandum, letter, or any other
instrument addressing the services, work, and materials to be provided and performed pursuant
to this Agreement, it is hereby specifically agreed and undetstood that any such purchase order,
memorandum, letter, or other instrument is for the COUNTY's internal purposes only, and any
and all terms, provisions, and conditions contained therein, whether. printed or written, shall in no
way modify the covenants, terms, and provisions of this Agreement and shall have no force or
effect thereon.
SECTION 28. CONFLICT OF INTEREST.
The CONTRACTOR warrants that the CONTRACTOR has not employed or retained
any company or person, • other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that. the CONTRACTOR has not paid
• or agreed to pay any person, company, corporation, individual; or firth any fee, commission,
percentage, gift, or any other • consideration, contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this Paragraph, the COUNTY shall
have the right to terminate this Agreement immediately, without liability and without regard to
the notice requirements of Section 7 hereof.
SECTION 29. PUBLIC ENTITY CRIMES.
As required .by section 287.133, Florida Statutes, the CONTRACTOR warrants that it is
• not on the convicted contractor list for a. public entity crime committed within. the past. thirty six
(36) months. The CONTRACTOR further warrants that it will neither utilize the services of, nor
•contract with, .any supplier,. sub - contractor, or consultant in connection with this Agreement for a
period of thirty six (36) months from the date of being placed on the convicted contractor list.
SECTION 30: EMPLOYMENT ELIGIBILITY VERIFICATION (E- VERIFY)
In accordance with State of Florida, Office of the Governor, Executive Order 11 -116
(superseding Executive Order 11 -02; Verification of Employment Status), in the event
performance of this Agreement is or will be funded using state or federal funds, the
CONTRACTOR must comply with the Employment Eligibility Verification Program ( "E- Verify
Program ") developed by the federal government to verify the eligibility of individuals to work in
the United. States and 48 CFR 52.222 -54 (as amended) is incorporated herein by reference. If
9
Rev 06/09
applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the
CONTRACTOR must (1) enroll in the E -Verify Program,. (2) use E -Verify to verify the
employment eligibility of all new hires working in the United States, except if the
CONTRACTOR is a state or local government, the CONTRACTOR may choose to verify only
new hires assigned to the Agreement; (3) use E -Verify to verify the employment eligibility of all
employees assigned to the Agreement; and (4) include these requirement in certain subcontracts,
such as construction. Information on registration for and use of the E- Verify Program can be
obtained via the . internet at the Department of Homeland Security Web site:
http://www.dhs.gov/E-Verify.
SECTION 31. JOINT AUTHORSHIP.
This Agreement shall be construed as resulting from joint negotiation and authorship. No
part of this Agreement shall be construed as the product of any one of the parties hereto.
SECTION 32. EOUAL OPPORTUNITY EMPLOYER.
The CONTRACTOR is an Equal Opportunity Employer and will comply with all equal
opportunity employment laws. The CONTRACTOR will further ensure that all sub- contractors
it utilizes in providing the services required hereunder will comply with all equal opportunity
employment laws.
SECTION 33. AUDITING, RECORDS, AND INSPECTION.
In the performance of this Agreement, the CONTRACTOR shall keep books, records,
and accounts of all activities, related to the Agreement, in compliance with generally accepted
accounting procedures. Throughout the term of this Agreement, books, records, and accounts
related to the performance of this Agreement shall be open to inspection during regular business
hours by an authorized representative of the COUNTY and shall be retained by the
CONTRACTOR, for a. period of three years after termination or completion of the Agreement or
until the full COUNTY audit is complete, whichever comes first. The COUNTY shall retain the
right. to audit the books during the three -year retention period. All books, records, and accounts
related to the performance of this Agreement shall be subject to the applicable provisions of the
Florida Public Records Act, chapter 119, Florida Statutes. The COUNTY also has the right to
conduct an audit within sixty (60) days from the effective date of this Agreement to determine
whether the CONTRACTOR has the ability to fulfill its contractual obligations to the
satisfaction of the COUNTY. The COUNTY has the right to terminate this Agreement based
upon the findings' in this audit without-regard to any notice requirement for termination.
SIGNATURE PAGE TO FOLLOW
10 Rev 06/09
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives,
have executechhis Agreement effective the day of , 2011.
BOARD OF COUNTY COMMISSIONERS
OSCEOLA COUNTY, FLORIDA
A EST:
erldDepuly
b
lerk Ofthe Board
v.& oil/
STATE OFFLORIDA
COUNTY OF 0 S-t--4) I so--
TSI DISASTER
By:
Print: 0-e-P1 f414/1-rve.
Title: 06'1%04(2—
COVERY, LLC
of 10(A&INI-6
of TSI Disaster
o ed to execute this
•to me OR has
The foregoing instrument was executed before me this 0 day
2011, by 14e4i4-1,--xvq q4,44-z-v-e- as 1-163-1444e--
Recovery, LLC, who ciDersonally swore or affirmed that he/she is autb
.Agreement and thereby bind, the Corporation, and who. is -
pi-Wilted, as identification
aft WattAAM
NoTA:IY:0081l.0
STATE OF FLORIDA
JOommWD0907583
;.•••:•-,• •
Expires 8/14/2014
(stamp)
sona o
N ARY IBLIC, :State ofFtorida
11
Rev 06/09
Exhibit "A"
Scope of Services
1. The CONTRACTOR shall perform all work necessary to complete each project as
assigned by the COUNTY. The Services include the performance of scheduled land
management services on an as- needed basis for the COUNTY.
2. The scope of services includes mobilization, labor, equipment, materials, permits, clean-
up, supervision and coordination of management activities on an as needed basis for the
COUNTY including, but not be limited to, the following:
2.1 Restoration
o Hydrologic
• site preparation
• earthwork
• control structures
• construction
• permitting
• monitoring
o Aquatic and Upland Habitat
• site preparation
• planting
• watering
• fertilizing
• monitoring
• transportation
• permitting
mapping
2.2 Tree Removal
o tr triming
o stump grinding and chipping
o permitting
o site preparation
o application
o disposal
o hauling
o inspections
2.3 Brush Removal and Roller Chopping
o site preparation
o application
12
Rev 06/09
o hauling
2.4 . Mowing (Brush Cut)
o site preparation
o application
o hauling
2.5 Trail Installation and Repairs
o site preparation
o installation
(Terrestrial and Aquatic; paved, natural, stabilized, boardwalk and bridges)
2.6 Shoreline Stabilization
o permitting
o preparation
o construction and earthwork
o hauling
2.7 General Construction, Demolition, Repairs, Restoration and Mowing
o Structural Demolition and Removal
• permitting
• disposal
• demolition
(i.e., buildings, structures, both terrestrial and .aquatic)
o Historic Building Repairs, Restoration, Moving or Construction
• permitting
• engineering
• demolition
■ site preparation
• disposal
• inspections
o 'General Recreation Facility /Building Repairs, Installation or Construction
• construction
• site preparation
• permitting
• inspections
(i.e., picnic pavilions, restrooms, passive recreation equipment)
o Boat Ramp, Dock, Marina and Pier Construction, Installation or Repairs
• construction
■ site preparation
• permits
13
Rev 06/09
• engineering
• inspections
o General Painting and Staining
• application
• site preparation
o General Cement Work
■. permitting
site preparation
• construction
• testing and inspections
(i.e., pads, ;sidewalks, piers)
o General Electrical Repairs and Installation
• permits
• site preparation
2.8 Access Road and Culvert Repairs, Removal and In stallation
o delivery
o site preparation
o permitting
o engineering
o disposal
o testing and inspections
o installation and removal
(i.e., lime rock, shell rock, milling, asphalt, concrete)
2.9 Septic Repairs and Maintenance
o hauling
o disposal (i.e., restrooms, caretaker homes)
2.10 Landscape Mai - ntenance
o edging
o trimming
o wading
o fertilizing
o sprinkler repair
o inspections
3. Work shall include all mobilization, labor, materials, supplies, equipment, permits, and
necessary services to complete work as assigned.
14
Rev 06/09
4. The CONTRACTOR shall be appropriately licensed and /or certified to provide
appropriate servicesIisted herein for the term of this Agreement.
5. llourly Rate: The CONTRACTOR shall bill. the COUNTY based on the hourly rates as
listed in Exhibit B, Fee Schedule attached hereto. The hourly rate shall include full
compensation for labor, •equipment use, travel time, and any other costs (including
overhead) to the CONTRACTOR. The hourly rate paid to the CONTRACTOR shall start
upon arrival at the job site and end upon departure from the site. This hourly rate shall be
used as required by the COUNTY for the services specified, as well as unforeseen labor
needs not otherwise. addressed.
6. Responsibilities: The CONTRACTOR shall supervise and direct all work, using its best
skill and attention. The .CONTRACTOR shall be solely responsible for all construction
means, methods, techniques, sequences, and procedures and for .coordinating all portions
of the work under this Agreement. The CONTRACTOR shall be responsible to the
COUNTY for the acts and omissions of its employees, sub - contractors, any agents and
employees, and other persons performing any of the work under a contract with the
CONTRACTOR.
7. Debris: The CONTRACTOR shall, at all times, keep the premises free from
accumulation of waste materials or rubbish caused by its operations. At the completion
of the work; the CONTRACTOR shall remove all waste materials and rubbish from and
about the job site, as well as all tools, equipment,, machinery, surplus supplies and
materials, leaving the job site in a clean, ready to use condition. The CONTRACTOR
shall not use trash receptacles on the COUNTY's premises without authorization. All
waste materials associated with these services shall be handled in accordance with all
federal, state, and local regulations.
8. Any hazardous materials shall be disposed of as prescribed by law and the
CONTRACTOR shall provide the appropriate certifications and records to the COUNTY
that verify an accredited hazardous material disposal company disposed of the materials.
9. Authority: The CONTRACTOR's supervisor or alternate shall have full authority to act
for the CONTRACTOR on all matters relating to the daily operation of this Agreement.
10.-- Project Manager: The COUNTY's Project Manager shall be Robert Mindick, who shall
havethe responsibility for managing the purchases performed under this Agreement. The
COUNTY's contact information is as follows:
Osceola County, Attention: Robert Mindick
1 Courthouse Square, Suite 1100
Kissimmee, Florida 34741
(407) 742 -7805
11. Hours of Work: Regular work may be performed by the CONTRACTOR between the
hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. No work may be performed on
15
Rev 06/09
COUNTY holidays or after normal business hours without prior authorization from the
COUNTY's Project Manager.
12. Method of Operation: The CONTRACTOR shall not commence any work until
properly authorized to do so by the COUNTY's Project Manager, in writing (i.e. a
purchase order). After the initial notification, the CONTRACTOR shall provide service
in accordance with specifications herein.
13. Inspection and Unsatisfactory Work: The CONTRACTOR shall consult with the
COUNTY's Project. Manager for inspection and tentative approval of work quality being
accomplished. In the event of unsatisfactory work, the CONTRACTOR shall perform
whatever work is necessary without additional compensation.
14. Work Interruptions /Impediments: When work by COUNTY employees, by other
Contractors, or weather conditions of a temporary nature prevent the CONTRACTOR
from completing task, additional time will be permitted to complete the work.
15. Estimate of Labor:
a. . Upon receipt of a request for work from the COUNTY'S Project Manager,
the CONTRACTOR shall prepare an independent written estimate of the
labor and, materials required to complete the work. This estimate shall
provide specific information including the following: hourly labor rates, as
stated herein, for each required Worker, number of hours required per
classification, and a list of materials to include description and cost. This
estimate shall also include the time work will be started and completed.
The CONTRACTOR must return an estimate to the COUNTY's Project
Manager within three (3) workdays, or as otherwise directed, from receipt
of a work request. The CONTRACTOR will be provided a detailed scope
of services that identifies the specific work description. The
CONTRACTOR shall complete the total estimate to accomplish the work
and will identify any additional tasks necessary to satisfactorily
accomplish the overall scope of services. All travel expenses, travel tune,
vehicle expenses, etcetera incurred by the CONTRACTOR in order to
provide the. .estimate for services shall be borne by the CONTRACTOR
and will not be reimbursed by the COUNTY. The CONTRACTOR's
estimate will be evaluated to determine if the scope of work has been
clearly and accurately understood, the work has been properly estimated
with supporting data presented, and that material and equipment estimates
are reasonable and properly documented.
b. The estimate provided by the CONTRACTOR shall be firm, no increases
will be permitted unless unforeseen circumstances arise or additional
scope of work is added and the increase is authorized by the COUNTY's
Project Manager, in writing, in advance of work being completed. Any
16
Rev 06/09
increases not authorized by the COUNTY will not be paid to the
CONTRACTOR.
c. If, during the course of work, the CONTRACTOR encounters unforeseen
conditions which impact the work and which could not initially be
evaluated, the CONTRACTOR shall not proceed without written
authorization from the COUNTY's Project Manager.
d. The CONTRACTOR shall have sufficient number of personnel, materials,
transportation, and an adequate inventory of tools and equipment to
perform work at the job site. The CONTRACTOR shall be held
responsible for the on -site supervision, scheduling, storage, receiving, and
placement of materials.
16. Emergency Work Request: Emergency work may be needed from time to time. The
CONTRACTOR shall, within two (2) hours of notice, meet the COUNTY's Project
Manager at the job site, review the scope of services, provide an estimate, and be
responsive to the emergency request, once work authorization is given. All travel
expenses, travel time, vehicle expenses, etcetera incurred by the CONTRACTOR in order
to provide an emergency work request quote, shall be borne by the CONTRACTOR and
will not be reimbursed by the COUNTY.
17. Protection of People: Precautions will be exercised at all times for the protection of
persons (including employees) and property. Barricades will be provided by the
CONTRACTOR at the CONTRACTOR's expense when work is performed in areas
traversed by persons or vehicles, or when deemed necessary by the COUNTY's Project
Manager.
18. Accomplishing Work: The CONTRACTOR acknowledges that time is of the essence to
complete the work as specified in each and every work request. The CONTRACTOR
agrees that all work shall be prosecuted regularly, diligently; and uninterrupted at such a
rate of progress as will ensure full completion thereof within the time specified in each •
and every purchase order.
19. Invoices:
a. The CONTRACTOR shall advise its employees of the correct protocol on how to
submit the invoices and any other paperwork submitted to the COUNTY
correctly, which shall include all the correct back -up, including but not limited to,
Purchase Orders, and upon request by the COUNTY's Project Manager, receipts
and /or invoices from sub - contractors to show correct mark -up on materials.
b. All invoices shall show the Purchase order number, the name of the person
placing the order, description of service(s) performed, hours worked, hourly rates,
17
Rev 06/09
contract price, and discounts. Descriptions, material cost, percentage markup, and
net price of each line item will be listed on the invoice.
20. Cost of Materials: At: the COUNTY Project Manager's request, the CONTRACTOR
shall provide documentation of the cost of materials used to perform the services for the
COUNTY. The documentation shall include, but not be limited to, receipts and /or
invoices from sub - contractors and/or merchants, wholesalers, retailers, and etcetera, for
materials purchased by the CONTRACTOR to perform the services for the COUNTY.
Any irregularities found on invoices, by the COUNTY's Project Manager, shall be
corrected by the CONTRACTOR prior to payment being made by the COUNTY.
21. Trip Charges and Fuel Charges: The CONTRACTOR shall not charge trip charges or
fuel charges for any services performed in connection with this Agreement.
22. Safety: The CONTRACTOR shall be responsible for ensuring that any work performed
in connection with this Agreement conforms to the guidelines set forth by the
Occupational Safety and Health Act (OSHA).
23. Subcontractors: If a subcontractor is needed to complete work, the CONTRACTOR will
have to get approval from the COUNTY's Project Manager. The CONTRACTOR will be
held responsible for holding the sub - contractor accountable to the same standards set
forth in this Agreement.
24. Unique Requirements: If any instance arise needing unique requirements of the
CONTRACTOR, other than what is specified in this Agreement, case -by -case, separate
negotiations with the CONTRACTOR may be considered.
18
Rev 06/09
Exhibit "B"
Fee Schedule
Cost Per Cubic Yard
Debris Removal
$19.39
`Subcontractors, chemicals and supplies
*Materials, including chemical and subcontractor services outside T.SI (if required) will be
invoiced at cost.
19
Rev 06/09
Cost Per Hour
Laborer (unskilled)
$20.00
Laborer (semi - skilled)
$26.00
Laborer (skilled)
$32.00
Equipment Operations
(dependent on equipment required to complete task)
$40.00-
$200.00
Other Services
Upon Request
Cost Per Cubic Yard
Debris Removal
$19.39
`Subcontractors, chemicals and supplies
*Materials, including chemical and subcontractor services outside T.SI (if required) will be
invoiced at cost.
19
Rev 06/09
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Copyright,,ISO Properties, Inc., 2007- Page 1.0? 2
INSURED
If'ttiis•is an•audit oficy,thon,- subject to your
,full' cooperation•wdh us.or: our agent. in secur-
ing tthe{:necassary dataffor•audit;'we will'hits rn.,
any premium refii d,dueswithin 90 days of the
d ate cancellation takes eHegL if our. await is not
comppeted:withi&ttt isrtime tiiifitatio`n;, then ;we
shallfaccept your.'1owri',andit;;a id =anp� {.premium
refund 'due shall be mailed, within 10.-working•
'ii aysofreceipt:of.your.audit. '
The car{celletioii will tie .effective: even if we
have'not mace or Offered 'a'refund.
Page 2 of 2
C. The following- is added and • supersedes, any other
prevision tw.thee.contrery:
NOW VIAL'
1.
If we ;decide;not;to: renewithia ;policy ,we will
mail !I-or deliver to ttie,tirst`,Named•lnsured writ -
ten notice :of,nonrenewalhaccornpanied, bythe
re sort + oarinonhenewal ;at`lea'st ;46days"priorto
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the' ezperation of this policy' '
2. Anylnotice.of nonrenein !ai }wilhbe!maifed,orde .
livered ttaahe first •Named��i�sureda last ?mailing_
address knownito us;lf,nohceus-mailedi :proof
of'riiiailing;wiii{tie siifflaient'proof of notice.:
Copyright, ISO Properties, Inc., 2007 CG 02 2012.07
.CAi latI;ATIOMAI+ID ;NONitENEIVAL ENDORS MENr
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apply.
We'agree,with you :that the? insuratice •provided,urideii,y®ur' Commercial ;Auto;Roliey:is+modifled:iis
follows:. '
C'AIV 1.d ATION
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personatrutju_ryprotectron under.thiscp ,hcy'' w thcadhe.firsl; two ;(2)'months'of, thceffective dot --'17 lie
-ir tial policy iieiiod ntest.: � :>
% 1i`° an +insured,autoiss totally+destmmyed;i
2. :the own` ership.'of an) imstitediautot.,- risis(cited:
3: anotherspolicy nsuwes*tnsured_aufo;for,
4':• you have ^tieenichargeilda preen um;t s incorrect:for,tlic caveiage.set'forth:inryo#1 insurance
,.appiication,and;ise ha etgiven.yo.....m-..... ote d °('additional premium • �y
Wetiiiayicancel ;thtr policy?bymailing;a, naticeof, cancellation to. ttie. named'ilisaied',hownnori1tiie.
Decla attonsPage:at:tii last,ln syn�addiess.a icrouriecords.•If'1ite,cai eltthis ;'li due,to • .t" ment off' eiiinim, iio`t cc of 't x Po cY
nonpay• 1 p'r , t . camel lar we: iniiiled; at�leasii2enl(= 10j�days�tiefol+etlie`�effective
date`; ofcaricellatioit :,ifcatice1lattonis: due? toaniiefAonIot6er ,thanfionpaymeg of.piemium_ ;_:notice
will : beecnailed`•at,lcasi foiiy,fvci(45);daysabefore't a effective date,of cancellation.
We: mnay", cancel ..tl isFpolicy2161. ; any- teas:on by,mailing:a notice of cancellation.•witiiin the;fiist fifty -nine
(59)' days of tt e:initial polo pertod
•
Aftt this policyy is in ,effe:cc for 'morethatilsiicty(60)`.days;• or,:if +this is •a•renewal• or contrnuation policy,
we:inay?oniy�carrvci‘fos one;or_moie'�ofrtic;followthg reasons ::
1..you ofinot •paytli`e?requiredipremiuthhfe this.policy.• when due;
2. inisreprescntatioirby '•you'of'.any root iial:fact.in tlie'procuretnerit.or. renewal of this policy.or in the
- subiiusssioin;of;any:ciaiii nder,this,policy;1or '
3: any ;'.ottic•.rreson :specifiedbyla■ -
We inaylnottean`ce11coveiage< for; piopertyida maget icRgAty' .+or-personalEinjiiy }proleclion ?for
non Ym&st oftp einn m wQbinith�eFfist{sixtyt(6Q) day Hof thj e`:uu ia1 policy;'pe_no&r 1 ss.tlie.reason;for.
cancellation ;ts'the;iss`uancekoffa chock fortlhe:premiu It at. isrdislionoiedjfor,aif1rr'Cason f
•Withreapect =to canceilal on; this:policysis neitheraseverable nor divisible. Any *Al canceilatiori• be'
effective,foi ailtcoverage• persoiis!aiid all sofas.
If this policy: is canceled; :coverage .wil! not be provided as of the effective.• date• and.time• shown,in;the
notice :of cancellation:,
CANCELLATION'REFUND
•
. _
Upon cancellatiok YO4Tinay 1 efititkdk to.a preiniuin-reftind. HOwever;:eitr makizig.or offering of a
refuii'd is n�a -cindition.OtetiriCallation.
thfs liblie-jiis.canCeled:Ilinie.4ftuid:diiiwill`te:cotnputed!on'i daily: proti,Vasis:
NONftigNEiY: . -
' wed0i'clpifOtliii4teWOCcdiititui;e;iliiii 4-4 named
insdslion'oa thcDecIarations Pagerat the ,i1443),tnown'klikeskafipeitriiikiti: ritir.t*Orcis:fgOticd.
period. .Y.94410.iiK-Oaii.*:i.ecii4ilfdtreneWal or contintiatiOnrittliuM
adoelitedoiti offer:
010OP' 0:NO:fiCT
UniteAStates;pbstarprocif ofmailiiwor certifie:4;or registered mailing otan5notice sufficient
pfbfice
AJL.15 OTHER.TE12W, tiniirs ANDrROVISIOP1S OF THE rOLICY'REMAAN-
Forin 48527F13.. (16/04) `
7■•
diadisivs—o Coiporatloir Date. Issued
, •-•••:.r.t
thli'iiiiikiiieniont.fOnikEi Owl:of:the Pcilley,to,whIckettathediteffectiv&on
aalieequentbpreparaticin7of7thefreincy* -
thsOnEb
,Endorseinetit Efietilve• . -
• .(,12:0-11k,M.)'
• retoncidi • -* 4' •
(AtittioriledAtgireAergailve)
. •(.1.2101FAKCY' - •
by AM gilcANALi•ERNglyOrigkikkoE,40iigOR-iyribfi
• - THIAIENCIO1ISEMENT:CNUIPETTHETOLICY, —
ipitAfkiftalDirafiEFULtY:.
FLORIpAAMEOMOitY: ENPORSEMENT
. 4
The falla*ntis: aiI0e,r1 io.-the.‘.DancellatiOn.CoNition:
1: thtsipb.110;1482,,beeritin:effe4foritrote than 9ittlays orless,* mayicaboat Ulla? polity by mailing
Or4e1RertrYcktitif, OfifsieNgriiiiiiiIlared;yrsiltteti:ifcitici'Oseandallaribh..460fnpanIed•by the
reasiOROecane.10alkikaptiAtit • •
1 cly.i4ricit4i tile:effOcA tli/edate.ofcnceithtion it. we. canderf(X.neripayinent of`premitan;
or
b. ,2'9.daysipriai •kokeraffiictive.dattot we:stop:Hi torJaitY other reaabn, except
'
,/!.k:friatertal'inlistatenuint'OtcinlaTiabreseneattdix-,:ar,
'NfoiAiiiltkotiioii.winitUie:undenyrifing,requireinents:cistal4letiediby,the.,litaur.:
2. If-thIa.pOttcy:ha,s:keen In effeci:fOr 90 days we may cancel :this poky only tor, one'or tnoie_of.tte
Itia misstatiment
Annpayliiantotkeinkinir
c. -4iyunderwritIng.reclufreinents,etatilidlied b9r.tis wIthin.90.4aYs or the
effeaFreiiiate0&rie (fel:
•
FLORIM;AvigfioAteiltirENDOIISMVIENt (Continued)
FGEL01 01/00 Page 1 of 2
4,4
•,4
;A•ailhaleifbakaheligeljnAe;i1ilir ti.iepolfOrfor
e. TheolAilatiohlahiailinliiredetuiii1040:pVlideVei.,74.61*:Olassloffinsureds.•
. 3: !f;vviccalicitik#04160i91'ciftftici iegiOna'atated amterif2rabi5veliwOwillinalloretellvef a
' iiiiiteigtO.116—gretathitithelte' raOttorban-Telialonitolikkr"TOPTIAcr—llekrirdf„, Pr). tali..ez ' •'` -
el. '-141■0600hOijii*ititii#ICii.0440(4441C04140eiga*;
•
• b., ..461ilajivpriorkt.9110-4:‘:effecthielitate'lotcanicellabom tanyof.theothepr.easanels atettn
110;1)121 ••••• • • '• .4- ..
NOhRENEWAL
.1.. •ff,,.. .,,tri.L.ibi,.........:.f....A; .f.:,,..t-e ... :•• :. • If.' . •••' -1 ••• ' I. •." ''' ' .; ' '.. . ''''' .. - -...-... : . . ;
, . ,,,,.... : ., .: . "•`•;••,'-'. '• • '''.4nsu' lit,' vwr. llt-faY.
. . ..neiox.)-ktiiiei.14.1„ 6 ioj:0. nu4;9eo -1. _ n`_. Inti.ie.o. .i t,ii,etitirwi-vi'7ig;ls-lsA- i,t ae• ..,ccw. ;: c -o11rv.; np'1?a5_6"_ .n •- `iiarl, e,k.- ;•ds"tb, ` "•y• ...• 1w'-1i' i i' l l.Ir, '
ntl0e1ie0d- G.f'd ier• r lln'vo' e nrtenipeiw' e 1l. 0ii.'i" i e Niao- tiiw r' 4 --e* A•. -1 i•'Ve f" -- s ''-•' pci ii °'i"IIt.' " f G.
ft'
• • • •
- • - ••••,. •• P. -.._ - - i.c ,. . oi-cleliihifec .. htbithe p
....„ . t ,.....: .— _ _ .", _ a. . • ...
.:, 2: .AnyihotIce.T.94ponren*aliviillib'eamallOsist_Nareet1).11101:eftslatrolalp.ag
. aiitki,?i'12•14°11M.: :10-(14: Illwalic70:#184d4ff:0'43§r6.rAit'lnd(WilliAti*ie14.Pro-6...!qiialic01:'•
•
.,
. . • 1. .
1. 'Ifitive:aeOldelie•te'rt-ewfthielOci1 .46•44Ifhialforiciervoirteltife-441siain-eilithee`rediwiitten
OotiCOafleriewal-,aViedati145:dayet,priorttcizthe rebewalrofthlilOolicif:.
e. - J . . • • .
._. 2. AnyinotibkofinoprefiliejtiVy1111iiaileitbr:dillWartAditkolticit*IiirfiedAnisibeld.lest.
Aiiihg.r.iiddrastighbeinit6;01-•' Itniirctlibtliiiiie'proofibelhallliii4v1111136 sliffloieni:jirciiif- of
.
• . ?• .
POP1:010719-0, Page 2- Oil 2
• *0.(hetetaiirre: -Colli:/-141oriii ItalitakUi.iatiangecl;
ns �.iT Rv.xnf•d .W' ^�-,.r _ . n..
FEOR10A GANCEt tATf1N1AND'NONRENE NAt.ENDORSEIV1ENT
•
'.ThiCeritib ill •... .:a .t a t:. a,
rse en �iCtiangesthe,polioy.to;�which �iis atteched� ef(ectiJe• bri the ,inc"t1on.:diite�of5the�polt s
- >< =•x -r.a� -r� Ire y ,a .y_ .. ••gin :� - r:': - - • ,.i- �_ $ CYO U�NSS, 8:
dii feninfdate.istindicetedsbetow -
( The` PoGowtngveMac1 +61g�deu`8s';Aeadbe• etedf. \4hell.0 s `
. ..1,;,. t'a• • tr•... E/ •`e'{r • y .,r y...W .,, .x.• a
`.. • .t m F'q�i1,••L • ,-- ,
`�" • n Thlsiendosemenktffe tligi;12�01AM.4{+Q7/0.N/2010 _ foms;a'e b r d•
t§suedid'ISj. Dl'SASTER; :ligOVERI(;Q,,LLCs
gy Np: litC4` 005, 86= 6307'
af�f?oli'
By;TAE o NS01RAll % •' f •
ANY+ OF, :THE�STATEi•OF�PENNSYt:VAN�I'A:
4
;nisi r
' t : : andorsernen e p kbiar N tolthednsuranceP�!de because�Fl , n dait stsi dw` rn, ( o t em'3 •, of'ttalnd imatkiiii
•
Yiils;endorsemeril apPlles onlyito- Peit(Slz; 0 :,CondiFtons;tcitt iI's`p)11
TIie:'anaegation:Conditlon 0:11 eipoticyikrepiacid by'ttiis Condition:•
caricoatton,
1 Youi inay!can�'e1 lFiis'tpollcy,• -You- must Mai. or-.deliver• advenca`wiittiim i O! to: us stating when .the
cericeilatton ,is'to,take;effect: :.`s. -' 4i! .
: ' 2.- - lil ey, "cangel•�ttiis#policy;twe;.will nA,Pori.—dig iervto iiiii k �, State;ofAcihc{aa9,:e' • eni at;Labo:
ou..and the::
r '(4.4 :10.Aa 'rally s ,s "xyo"t . 1r— cf., ra ' a•Y-' F,. and-
Employment {Sec' ' y; _ ys : ante'wrilten notice stating wtren,the'cencellalloriiis to�take effect .
s
NotireneWal
1? wo ,dectiieinot :�o�i new..ktliisrpo tcy vwe� tiv� m l:or:detiyet-Ato, • yo wd(tton�:noUce afspenienewaJ accompanied :by: (he
reason foy rionrenewid ;at 18astrforty-Me:(;4, dj,days prior to'. the'�expiratiomof=tfiisxpolicy: •.. • •
Any itottce; ofi ancellst (onpor'n onrenswai�wgt:tie maiiedzoedetivereando� the Inured`e iast,fnel ig•_eda's
mauler lfsnoticezts,meged; prooffof•mailing iroNl ;be •uiilcienkproof�o(inadce • re s;knawn.to,the
WC; *-49,10,3
(Ed:. 0-.1/0,11
`Counteratgroed by,
Aiobedzed kepreaentauve
0.
3. Thelerini-oiiii§kiitifariCe,. iticiudingjth'oSe'iNith'fresii..erct •
• Ckitlighlrahir dtity ta:delendany those,cra Magiii••ratid,-
b. .Your dutieS gaff "obctiii,ericivt'clairii, or "suit'''. • ,
apiitritreebeCthifOttlia-opiAiellticirireitiliiirde'd4Ctible,arequ?.11 • . .
. . "
1 . •
. r-1 S • ,r , ,,,.. . , ' . '.. .... • - ' . :' r•'. ,, " • ''
-4: •,'',$14.1' Mari pail. -er-ii iiart..-or.' all • of,liaj, de-auaitile`..aindiJiii- toVeifeCt.,sbtiliitiierif,tit i.iiiia, 'eti..; "kuiv-iariii6 aon'. -
-,...-----,„- ......,..,...:1---....,-.,..,-,...,.,.....,.- ....,.-...... ,-,..:.4.-,.. .............., --,.--,,c--,-- ,-.-.. .,.. ',..- -.,.4,-.
notification. okthe lectiom taken; you Ishalr, promptly- reimburse us . for,Such.... part ofrthifdeductibte:amouiit; as. has
1) 0f3pfpaitp by, kis: . • --
. .0
• '0- 4:.-cca.1:1..-f1.#01‘.. - ,• ' ,...
. . . . ._. 4 , .. • . .
. . •t• . ..,•.,, . 2 ; t.
" • 'Or ' .. . .1.44.1.4,--- .".9....i'l - - L.,,-: '1,,i,..,:; '.... ,m 4- .—*-• A.' b.. , • • _.• ,,-; • - • .N4-1.-. i•ali;.' t.,•Ak A,.
,, • _.
Z. '1- ',.",+ - • ' I '., • TherfirsilI4eittedpn--S-unittliihbwniinftniti i;lbelaratielii:niatcarICer iftlil4tpolleibr-imailingteriliiethieringiteluSIailkfaiice
• • --:•.-E - • - .ijilligitriitiiClitit'car-161;irdtionV!": ... ":‘,.'":": . • • ,,,.. • . , . . .. . .. •
' ' 1
•
, 1 . • -
Ten:.(.10liffitirilbiikrii..kiiKtiffeCke`.406.-,e4 "Canc.e1:fejikortpiiiriteii(orpremitint
b -.;siidyj(qa) 'daystbsfei-e.die-LeffeCticte:'datriVif,CariCellatkiri•Ilweicancel.fo*irithertreeSbn.
. •
• , • .
3. We- WillirnelFdkdalOr'ouf-no:ticelckti.itarekikibitiltd IkedVastmailikraddreseiliriown,
'
2: cOical; thit:PcilicrIbittrjallitig-bridelkienrig•-.30-,tbelflitta•Oniedifileyrid:Wiiitan:notice. iif.cancellation at
_
. • . ,
1' . . 4.- Nolie.i..-ok dceiraticio;iiin ooni-os.ofroilve;ifate7.of clirreilaliiireiThii4pOlIcy,13094Mipand:ori!'thiCdaie.
: . • • - • .
)• • • T • .,• , •
5 if thief?. otioridi anceled;iwe ..willtsendttheifirstNarriechlrisUrect any' preifffirmt eifurid-due:i If41:ve;catICel:: the refund
W'' ' 114(111:be pro: 'rata .11f;the:firstitganiedlInsUred,•cancels;1 the- refund may be' lees than:pro; rata : The ca._ naellation will be
effecti4eleiien ifiik.,e!havem-loirtfti:da,:or4ifferegrgie-fiiiiii..
-qr- -.......1.-3.--yn..r....--.....:. - — " • 'Su • e!.1. '..
.1.
14 60 If ' notice 410 ' ni00.4 prof cl:f: rtailfri4*iii tit:114104qt proof of ntitiCe•:
• E: When Went:16,0ot Renew, •
) , . - , . •
ifYiko, datidelnotto: renel..v.' thiSfPoky,lweliftilh mail :sir -. deliver : to ther..fiiSt •Natriedilniured:;stioyyn in the Declarations
. . . .
1 Wiltlen.nOtice!rifthiirionziehewel'notheKi•thim xty (60) day,s. before:the.e iptratiom date.
1 • .
. 16hatia34'maitisa"; OiNgitrattpailikid. 0;iiiitielscirkiiiiit.tieoTivat.hoirce'
1 . ' .~: - • .. ••••'' 7r.--'...-, •:- c.:,-,••-• --1-" -- "7' - •••••• • -,;;‘' „,:. --- v..-- ■ 7 - ,.- - - :
R.- :0a44) ' '. . . - . .' . •
' . .‘ - . •
* ThIs.PotiCrcitntainst'aliMtKagreeine9t.14betWeenlyoutiabd.,:uS,,concernsiOffeAnsticance. affeided!...:Thiii,fifsttf;Tarried
tdt. 5(.••••••,./ • 41X.I••• • • _ a 7-‘ ;Z: ".* ■•er",
insuredishown tne peclaratIons: likauthorized' toInake: Changes/In:Abet terms. of4,this'. With cumonsent. This
1 , paliViteire7S.Caitbelarnrincledior:wpi?19;451rbreili'dOTSeirierst
-Or
.
VeinIi*e0.03ike-,LIuditi.....e.i411108egif4VSidttyrour books • and records: as they relate to tS'.0olicy•at any time during the
:041-i•0330ilikraii4 uPigthifif). Viai4•70.04erri.
'1:1; .14prectiabaff■:rid,Siitireys!
We iiave the right b4it , _ ,. • • •
•
are not obflgated to
t. fvfakeinsfiedtkihi, and eun-/ers,atiariy time:
, olindt:Joi
INSWSED
Page 4 of 15
•
,45
t.41-21:NIV;ig_t
• •
...49213gsiSxreteiv!hrgi:niimef.ou;1!&qcfries regaillingtAtit•WeedgoieSeoliYyttnel4iYcistd&ent
veTsiohaufgliiis -ACO'kb+
• • . • -
- ' • • •
As ;•eiiplifiled,,iii! triore'dtairjh;thel;FAQ emLIIS:-ACORIlceittifieatesrOCiblishid•-on
4 U- -11F- - •
ghetteceTirliee';:ttiTs;yeatlittzW. jr-takaar.dek ,,fam's/bocur9,eTitst.
;NE•0,,,RCIGelaifieiteSFAC143016e4-•,)549ti'driiiiiilitlifOlikstli4Siii4Che.&i
--A.,:•••43-•,•.-.2•42U4'41,dif.1.4.f.11-c...-A...L.V.1;10/;:ri•-`,....-..'N • 4..
- trromitokprrnviuraryk are•inoticeptimpl_todateiaskto regulatory„Vequirementsiadditherefore
ters, rts r
liotztiOittc,ibUted,110,.oirAte.211tei frkliat IltAZO R. DIforen's:u-swirs use the
i. .rnost:surrentwersion,s,otokif,form*I` '• • •
ikeei;jied.stitro-oPoli-ttle baieber, 2009 One of the more
SIgriifie#IMitati:OeStiOs'..tOitiielariga§re"teffiericirig pc;iicS/„.69cellticiri prOvitions. Here
bf-Ilie-olid; arid' rieyir text:
•
• .•
la
NM- 714 Oil re).....C.M...•,....a. -,,-'1,-.,r
NTextA 4c-
1 s' ,.. • ew- q
c''S-Hdotita''-rAN'ortilrABliv-RiES'TT-IBED Preirelff -k
_t„.„___ _ _____......____ , ....1 A ,,..., ,..._, ,,,,..„,,,.c.D, ,...„,.,,,!. ,
i'EtEeArEklIED':"41tFtR-EITH41—"Eid(PrRA-11-1-'0N DATE-4".":-4...1?
,...,01 ,,_,....varet.,E...et:T.ttexatt-,/,..vrea47,:viti-li -..7•.k.',)&1,1
4HEREOP-THEIISSUING1INSURERWILL ENDEAVOR,102)
44.4,2,sp".1.atprAltycniag4-txra$,:t
votraJk ....DAYSIVeZE.N INOTICE;TOalicCepl F154TEI:•,',
VaiDTERWANTEM1 T41-117,04.11300ADRE fra ate= ''..1
_..:Wk4; .g.'44...q..0770-alVter4'04:' .
ZSO S r. ,HAIRAINF;,91ENCrOB4IGATIONi0 _ RIJABILIfiVe ,
)0PANYAIND UPON E,INSURERIITSfAGENTS Ctill--.:.-,;-7,
.wasiclum-03•05...e.or.?„,mrcw?1,12 'off? ,,trrikv •1';:•th? 4. '
NNIVES
;13!=PRESEI:' ^;,, -0-;:,. i -921,14,,;:z. :,,, 41,.•.:.., „4' A_ :,:.
ltroblii'LAW07,„cTi-TdrAiftiffgrEceor•7--
' , Akt.,-,A0,.......,4,.w4A , trcaril.pte4,..... • k‘. f '8
FOC:IWO_ LE'CAN- . CEIIIIED,'BEF,OREVETXP4.4,1RA;TIONi
'P,-.4.4.twX.CP31-1$3#.16.491341E.71.1eFe.......iiri, , ,
pAISITEIEREOFANATIC,;_§..WILL, k,. Li ,. ,..t,a„, ..,...y
1,-.. ..s....4...,.....161.1r......A ..„-..., .,......__JA.,,,,.,...,,,...,„_.. ,,,„..:....-
AMORDANCEMMIPTlielvoutzTfPROVINUN.
,3p.,-4-- *i...,:',--1.',%. - -..,.:•,..1'.- •-• , : ,z ""•'- • • -
1.'0
e'.-. yz, • -. 44- +, .. • , . ,
fr It .4 r -,.--177, -.NP-4„; 1.. - , , -
:.;,-,.1•F.1..-..1.,11; ,P,Pt•r; - 4.
:.--1.,;„c-t, ,:---,, ne;,...“..047.,-; .
The ::'WPfde,.'VrideaVer.7',WaS:eerrie.4!ed.,15,e0..a.u.se.policy:caricellation!provisionsT,gerierally,-doti't 'uSe
. • • • ..
the}Woid:- a•paiickdan?ohli§ateiair. inSurerf.to::pi-Oyi.cfp-nOtice•of CenceilatiOn,
UQles a:,piiiliays..proVisii5risi.expliCitly-proyide`JorcifiCktotApAil'41SoiliSted as the certificate
1.-161* on the certificate :OPinSUran6e; thd:ririsurefliS-.hOtiOlphged to notify ahat, party.
. ,
TheineW,AnJUageliSicorriplialif:wipirstatel,nsilta,ficeficeTAIKReyre$pilfe`Friefits',in:AllstateS;
1,aity0 p, 15,74tieji.SOUtPISKOtaireisZi-'41-i.ee :
-',1-A•epatii-tentle,Skii'cvheifOriiirl:S-mationali:efcit'.4iafe;Akcifictand",-;:igEfile7af-400fotor.d;
•-t.h thini, laharUi'ijetiriOld"rdL13•eitis-elir."gi, •
• „.
' in.curinCe T:4:)e.viewed"as ksuMnarie:d'rel'ledtikfiaiihui:aTid
e polCy and
a(dohly nformatiina The the
If any p-arty, in adaition't6;the' fir. named .inSured desieeSIS tbi-ii-Ofr-a,taideilatioiluicitiee in the
event the policy •is 'cancelled, that party should be :eipresSendOrge•d:Ohtcr. the policy as a
• Cahcellatiorif:notiOeiredipleiit.
,VCertificate,of4InSurancehEViderIce of-In9tafiseikiYen. iiielycie%,!(6.1107yiiiiS:the.."`Ceiveragee
secti0;4fie14Tsfe.lbegc•tiPilori Of-'0,fieNtiO■Ji`,'•:.aridyp? '41104147,.; iiid.,tfialf.§eletidn; Or an
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Florida Limited Liability Company
TS! DISASTER RECOVERY, LLC
.Filing Information
Document Number L08000047905
FEI/EIN Number 262658624
Date Filed 05/13/2008
State FL
Status ACTIVE
Last Event LC AMENDMENT
Event Date Filed 06/30/2008
Event Effective Date NONE
Principal Address
4130 CANOE CREEK RD
SAINT CLOUD FL 34772
Changed 10/19/2009
MailingAddress
4130 CANOE CREEK RD
SAINT CLOUD FL 34772
Changed 10/1.9/2009
Registered Agent Name &Address
SOLOMON, BRIAN D
101 E. .13TH STREET
SAINT F.L 34769 US
Managerffilember
Name &' Address •
Title MGRM
ELMORE, HENRY
9211 LONGVIEVV,AVENUE
CELEBRATION FL 3474-7
Title MGRM
TYSON, ROBERT MORGAN
P.O. BOX 701069
SAINT CLOUD FL 34770
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Report Year.Filed Date
2009 94/23009
2010 0311012010
2011 -03/18/2011
Dpeumentlinage,s
03/18/2011.-- ANNUAL REPORT
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.(141)23/2009_-- ANNUAL REPORT
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'Exhibit 3
AGREEMENT Dec 3, 2013
CITY OF OKEECHOBEE STORM WATER RETROFIT / CONVEYANCE PROJECT
CITY PUBLIC WORKS PROJECT # PW- 02- 00 -11 -13
THIS AGREEMENT dated this day of , 2013 is made by
and between CITY OF OKEECHOBEE, a political subdivision of the State of Florida; City of
Okeechobee, City 1 -Iall, 55 SE 3rd Avenue, Okeechobee, Florida 34974, hereinafter referred
to as the "CITY ", and TSI Disaster Recovery, LLC, 4130 Canoe Creek Road, St Cloud,
Florida 34772 hereinafter referred to as the "CONTRACTOR" .
WI TNESSE TH:
WHEREAS, the CITY has entered into an Agreement with the State of
Florida Department of Environmental Protection for a storm water
retrofit /conveyance project; and
WHEREAS, the CONTRACTOR has exhibited by its response to the solicitation that it
is capable of providing the required services by virtue of a contract for the same scope of services
with Osceola County, 1 Courthouse Square, Ste 2300, Kissimmee, FL, 34741 as pursuant to
Osceola County RFP -11- 2201 -LC; and
WHEREAS, the parties hereto have agreed to the terms and conditions cited herein based
on said solicitation the CONTRACTOR affirms and ratifies the terms and conditions of the above
referenced Contract with Osceola County and agrees to perform the services set forth therein for
the CITY in accordance with the terms of said Contract and the CITY agrees to utilize the
services of CONTRACTOR in a manner and upon the terms and conditions as set forth in
the Contract with Osceola County.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and
provisions contained herein, the parties agree as follows:
SECTION 1. TERM.
The work shall be completed within nine months as more specifically described on the Notice
to Proceed for the project and both the CITY and the CONTRACTOR recognize that time is of the
essence for completion of the project and that the CITY will suffer direct financial loss if the project
is not completed within the term described above, therefore, CONTRACTOR agrees to pay CITY
daily liquidated damages in the amount of Five hundred Dollars ($500.00) for each calendar day the
project exceeds the term unless CONTRACTOR can provide acceptable justification as a defined
and agreed to by the CITY.
SECTION 2. SCOPE OF SERVICES.
The CONTRACTOR will furnish and install all necessary permits, drawings, labor,
materials, and equipment to complete the services set forth in Exhibit "A" which is attached
hereto and incorporated herein.
SECTION 3. OBLIGATIONS OF THE CONTRACTOR.
Obligations of the CONTRACTOR shall include, but not be limited to, the following:
A. It is understood that the CONTRACTOR shall provide and pay for all permits,
drawings, labor, tools, materials. equipment, transportation, supervision, and any
other services, of any type whatsoever, which are necessary to fully complete and
deliver the services requested by the CITY. and shall not have the
•
authority to create, or cause to be filed, any liens for labor and /or materials on, or
against, the CITY, or any property owned by the CITY. Such lien, attachment,
or encumbrance, until it is removed, shall preclude any and all claims or demands
for any payment expected by virtue of this Agreement.
B. The CONTRACTOR will ensure that all of its employees, agents, sub-
contractors, representatives, volunteers, and the like, fully comply with all of the
terms and conditions set herein, when providing services for the CITY in
accordance herewith.
C. The CONTRACTOR shall be solely responsible for the means, methods,
techniques, sequences, safety programs, and procedures necessary to properly and
fully complete the work set forth in the Scope of Services.
D. The CONTRACTOR will maintain an adequate and competent staff, and remain
authorized to do business within the State of Florida. The CONTRACTOR may
subcontract the services requested by the CITY; however, the CONTRACTOR
is fully responsible for the satisfactory completion of all subcontracted work.
E. The CONTRACTOR shall use appropriate tools and /or equipment which are in
good repair and proper working order, so as to enable the CONTRACTOR to
complete the services required hereby.
SECTION 4. WARRANTY.
The CONTRACTOR agrees to provide a full warranty to the CITY for all services
which it provides hereunder for one full year following the date of final completion of said
services. In the event that the CONTRACTOR is called to perform warranty work, the
CONTRACTOR will be responsible for all costs incurred in repairing the areas under warranty.
If it is determined that new problem areas have appeared, which were not areas repaired by the
CONTRACTOR under the Scope of Services set forth herein, the CITY will be responsible for
the costs incurred in repairing the new areas. Any manufacturer's guarantee related to the
materials installed by the CONTRACTOR shall extend for the full warranty period.
SECTION 5. STANDARD OF CARE.
A. The CONTRACTOR has represented to the CITY that it possesses a level of
knowledge,experience, and expertise that is commensurate with firms in the areas
of practice required for the services to be provided. By executing this Agreement,
the CONTRACTOR agrees that the CONTRACTOR will exercise that degree of
B.
SECTION 6.
A.
B.
C.
SECTION 7.
care, knowledge, skill, and ability as any other similarly situated contractor
possessing the degree of skill, knowledge, experience, and expertise within the
local area, working on similar activities. The CONTRACTOR shall perform the
services requested in an efficient manner, consistent with the C1TY's stated
scope of services and industry standards.
The CONTRACTOR covenants and agrees that it and its employees, agents, sub-
contractors, representatives, volunteers, and the like. shall be bound by the same
standards of conduct as stated above.
COMPENSATION.
The amount to be paid under this Agreement for services rendered will not exceed
two hundred fifty thousand and 00/100 Dollars ($250,000.00) for the term of this
Agreement, in accordance with the fee schedule set forth in Exhibit "B" which
is attached hereto and made a binding part hereof.
Compensation for services completed by the CONTRACTOR will be paid in
accordance with section 218.70, Florida Statutes, Florida's Prompt Payment Act.
Services to be performed in accordance with this Agreement are subject to the
annual appropriation of funds by the CITY. In its sole discretion, the
CITY reserves the right to forego use of the CONTRACTOR for any project
which may fall within the Scope of Services listed herein. In the event the
CITY is not satisfied with the services provided by the CONTRACTOR, the
CITY will hold any amounts clue until such time as the CONTRACTOR has
appropriately)/ addressed the problem.
TERM INATION.
Either party may terminate this Agreement. with or without cause, given thirty (30) days
written notice to the other party.
SECTION 8.
A.
B.
PAYMENT WHEN SERVICES ARE TERMINATED.
In the event the CITY in its sole discretion deems any work, services or materials
performed or provided by CONTRACTOR is deficient, CITY shall prior to
termination, provide CONTRACTOR thirty (30) days written notice to remedy
such deficiencies to the satisfaction of the CITY. If not so remedied, CITY may
then terminate the contract without further claim or demand by CONTRATOR.
In the event of termination of this Agreement by the CITY, and not due to the
fault of the CONTRACTOR, the CITY shall compensate the CONTRACTOR
for all services performed prior to the effective date of termination.
C. In the event of termination of this Agreement clue to the fault of the
CONTRACTOR,or at the written request of the CONTRACTOR. the CITY shall
compensate the CONTRACTOR for all services completed, prior to the
effective date of termination, which have resulted in a usable product or otherwise
tangible benefit to the CITY. All such payments shall be subject to an off -set for
any damages incurred by the CITY resulting from any delay occasioned by
early termination. This provision shall in no way be construed as the sole
remedy available to the CITY in the event of breach by the CONTRACTOR.
SECTION 9. INSURANCE.
A. The CONTRACTOR shall maintain the following types of insurance, with the
respective limits, and shall provide proof of same to the CITY; in the form of a
Certificate of Insurance prior to the start of any work hereunder:
1. AUTOMOBILE :
a. Combined Single Limit: $300,000.00 per accident,
OR
b. Bodily Injury: $300,000.00 per person,
AND
Property Damage:$200,000.00 per accident;
2. GENERAL LIABILITY: $1,000,000.00 each occurrence;
3. GENERAL AGGREGATE: $2.000.000.00;
4. EXCESS COVERAGE: $1,000,000.00; and,
5. WORKERS' COMPENSATION: Employers' liability insurance which covers
the statutory obligation for all persons engaged in the performance of the work
required hereunder with limits not less than $1,000,000.00 per occurrence.
Evidence of qualified self - insurance status will suffice for this subsection. The
CONTRACTOR understands and acknowledges that it shall be solely
responsible for any and all medical and liability costs associated with an injury
to itself and /or to its employees, sub - contractors, volunteers, and the like,
including the costs to defend the CITY in the event of litigation against
same.
B. The CONTRACTOR shall name the "CITY OF OKEECHOBEE" as a certificate
holder and /or as additional insured, to the extent of the services to be provided
hereunder, on all required insurance policies, and provide the CITY with proof of
same.
C. The CONTRACTOR shall provide the CITY's Procurement Services with a
Certificate of Insurance evidencing such coverage for the duration of this Agreement.
Said Certificate of Insurance shall be dated and show:
1. The name of the insured CONTRACTOR,
2. The specified job by name and job number,
3. The name of the insurer,
4. The number of the policy,
5. The effective date,
6. The termination date,
7. A statement that the insurer will mail notice to the CITY at least thirty (30)
days prior to any material changes in the provisions or cancellation of the
policy.
D. Receipt of certificates or other documentation of insurance or policies or copies of
policies by the CITY, or by any of its representatives, which indicates less coverage
than is required, does not constitute a waiver of the CONTRACTOR's obligation to
fulfill the insurance requirements specified herein.
E. The CONTRACTOR shall ensure that any sub- contractor(s), hired to perform any of
the duties contained in the Scope of Services of this Agreement, maintain the same
insurance requirements set forth herein. In addition, the CONTRACTOR shall
maintain proof of same on file and made readily available upon request by the CITY.
SECTION 10. CITY OBLIGATIONS.
At the CONTRACTOR's request, the CITY agrees to provide, at no cost, all pertinent
information known to be available to the CITY to assist the CONTRACTOR in providing and
performing the required services.
SECTION 11. ENTIRE AGREEMENT.
This Agreement, including referenced exhibits and attachments hereto, constitutes the
entire agreement between the parties and shall supersede, replace and nullify any and all prior
agreements or understandings, written or oral, relating to the matters set forth herein, and any
such prior agreements or understandings shall have no force or effect whatsoever on this
Agreement.
SECTION 12. APPLICABLE LAW, VENUE, JURY TRIAL.
The laws of the State of Florida shall govern all aspects of this Agreement. In the event it
is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in
OKEECHOBEE COUNY, Florida. The parties hereby waive their right to trial by jury in
any action,
I
proceeding or claim, arising out of this Agreement, which may be brought by either of the parties
hereto.
SECTION 13, PUBLIC RECORDS.
The CONTRACTOR understands that by virtue of this Agreement all of its document s,
records and materials of any kind, relating to the relationship created hereby, shall be open to the
public for inspection in accordance with Florida law.
SECTION 14. INDEPENDENT CONTRACTOR.
This Agreement does not create an employee /employer relationship between the parties.
It is the parties' intention that the CONTRACTOR, its employees, sub- contractors,
representatives, volunteers , and the like, will be an independent contractor and not an employee
of the CITY for all purposes, including, but not limited to, the application of the following, as
amended: the Fair Labor Standards Act minimum wage and overtime payments, the Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State of Florida revenue and taxation laws, the
State of Florida workers' compensation laws, the State of Florida unemployment insurance laws,
and the Florida Retirement System benefits. The CONTRACTOR will retain sole and absolute
discretion in the judgment of the manner and means of carrying out the CONTRACTOR's
activities and responsibilities hereunder.
SECTION 15.
APPLICABLE LICENSING.
The CONTRACTOR, at its sole expense, shall obtain all required federal, state, and local
licenses, occupational and otherwise, required to successfully provide the services set forth herein.
SECTION 16. COMPLIANCE WITH ALL LAWS.
The CONTRACTOR, at its sole expense, shall comply with all laws, ordinances, judicial
decisions, orders, and regulations of federal, state, CITY, and municipal goverrunents, as well
as their respective departments, commissions, City Councils, and officers, which are in effect at
the time of execution of this Agreement or are adopted at any time following the execution of
this Agreement.
SECTION 17. JNDEMNIFICATION.
The CONTRACTOR agrees to be liable for any and all damages, losses, and expenses
incurred, by the CITY, caused by the acts and/or omissions of the CONTRACTOR, or any of its
employees, agents, sub- contractors, representatives, volunteers, or the like.
The CONTRACTOR agrees to indemnify, defend and hold the CITY harmless for any and all
claims, suits, judgments or damages, losses and expenses, including but not limited to, court
costs, expert witnesses, consultation services and attorney's fees, arising from any and all acts
and /or omissions of the CONTRACTOR, or any of its employees, agents, sub - contractors,
representatives, volunteers, or the like. Said indemnification, defense, and hold harmless actions
shall not be limited by any insurance amounts required hereunder.
SECTION 18. BANKRUPTCY OR INSOLVENCY.
If the CONTRACTOR files a Petition in Bankruptcy, or if the same shall be adjudged
bankrupt or insolvent by any Court, or if a receiver of the property of the CONTRACTOR shall
be appointed in any proceeding brought by or against the CONTRACTOR, or if the
CONTRACTOR shall make an assignment for the benefit of creditors, or proceedings shall be
commenced on or against the CONTRACTOR's operations of the premises, the CITY may
terminate this Agreement immediately, notwithstanding the notice requirements of Section 7
hereof.
SECTION 19. BINDING EFFECT.
This Agreement shall be binding upon and enure to the benefit of the parties hereto, their
heirs, personal representatives, successors, and /or assigns.
SECTION 20. ASSIGNMENT.
This Agreement shall only be assignable by the CONTRACTOR upon the express
written consent of the CITY.
SECTION 21. SEVERABILITY.
All clauses found herein shall act independently of each other. If a clause is found to be
illegal or unenforceable e, it shall have no effect on any other provision of this Agreement. It
is understood by the parties hereto that if any part, tern, or provision of this Agreement is by
the courts held to be illegal or in conflict with any law of the State of Florida or the United
States, the validity of the remaining portions or provisions shall not be affected, and the
rights and obligations of the parties shall be construed and enforced as if the Agreement did not
contain the particular part, term, or provision held to be invalid.
SECTION 22. WAIVER.
Failure of the parties to insist upon strict performance of any of the covenants, terms,
provisions, or conditions of this Agreement or to exercise any right or option herein contained,
shall not be construed as a waiver or a relinquishment for the future of any such covenant, term,
provision, or condition, or right of election, but same shall remain in full force and effect.
SECTION 23. NOTICE.
The parties hereto agree and understand that written notice, mailed or delivered to the last
known mailing address, shall constitute sufficient notice to the CITY and the
CONTRACTOR. All notices required and/or made pursuant to this Agreement to be given to the
CITY and the CONTRACTOR shall be in writing and given by way of the United States
Postal Service, first class mail, postage prepaid, addressed to the following addresses of record:
CITY:
CITY OF OKEECHOBEE
Attention: Brian Whitehall
55 SE 3rd Avenue
Okeechobee, Florida 34974
CONTRACTOR: TSI Disaster Recovery, LLC
4130 Canoe Creek Road
St Cloud, Florida 34772
SECTION 24. MODIFICATION.
The covenants, terms, and provisions of this Agreement may be modified by way of a
written instrument, mutually accepted by the parties hereto. In the event of a conflict between the
covenants, terms, and /or provisions of this Agreement and any written Amendment(s) hereto, the
provisions of the latest executed instrument shall take precedence.
SECTION 25. HEADINGS.
All headings of the sections, exhibits, and attachments contained in this Agreement are
for the purpose of convenience only and shall not be deemed to expand, limit, or change the
provisions contained in such sections, exhibits, and attachments.
SECTION 26. ADMINISTRATIVE PROVISIONS.
In the event the CITY issues a purchase order, memorandum, letter, or any other
instrument addressing the services, work, and materials to be provided and performed pursuant
to this Agreement, it is hereby specifically agreed and understood that any such purchase order,
memorandtun, letter, or other instrument is for the CITY's internal purposes only, and any and
all terms, provisions, and conditions contained therein, whether printed or written, shall in no
way modify the covenants, terms, and provisions of this Agreement and shall have no force or
effect thereon..
SECTION 27. CONFLICT OF INTEREST.
The CONTRACTOR warrants that the CONTRACTOR has not employed or retained
any company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that the CONTRACTOR has not paid
or agreed to pay any person, company, corporation, individual, or firm any fee, commission,
percentage, gift, or any other consideration, contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this Paragraph, the CITY shall have
the right to terminate this Agreement immediately, without liability and without regard to the
notice requirements of Section 7 hereof.
SECTION 28. PUBLIC ENTITY CRIMES.
As required by section 287.133, Florida Statutes, the CONTRACTOR warrants that it is
not on the convicted contractor list for a public entity crime committed within the past thirty six
(36) months. The CONTRACTOR further warrants that it will neither utilize the services of, nor
contract with, any supplier, sub - contractor, or consultant in connection with this Agreement for a
period of thirty six (36) months from the date of being placed on the convicted contractor list.
SECTION 29. EMPLOYMENT ELIGIBILITY VERIFICATION (E- VERIFY)
In accordance with State of Florida, Office of the Governor, Executive Order 11 -116
(superseding Executive Order 11 -02; Verification of Employment Status), in the event
performance of this Agreement is or will be funded using state or federal funds, the
CONTRACTOR must comply with the Employment Eligibility Verification Program ( "E- Verify
Program') developed by the federal government to verify the eligibility of individuals to work in
the United States and 48 CFR 52.222 -54 (as amended) is incorporated herein by reference. If
applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the
CONTRACTOR must (1) enroll in the E- Verify Program, (2) use E- Verify to verify the
employment eligibility of all new hires working in the United States, except if the
CONTRACTOR is a state or local government, the CONTRACTOR may choose to verify only
new hires assigned to the Agreement ; (3) use E- Verify to verify the employment eligibility of all
employees assigned to the Agreement; and (4) include these requirement in certain subcontracts,
such as construction. Information on registration for and use of the E- Verify Program can be
obtained via the interne at the Department of Homeland Security Web site:
http: / /www .dhs.gov/E - Verify.
SECTION 30. JOINT AUTHORSHIP.
This Agreement shall be construed as resulting from joint negotiation and authorship. No
part of this Agreement shall be construed as the product of any one of the parties hereto.
SECTION 31., EOUAL OPPORTUNITY EMPLOYER.
The CONTRACTOR is an Equal Opportunity Employer and will comply with all equal
opportunity employment laws. The CONTRACTOR will further ensure that all sub- contractors
it utilizes in providing the services required hereunder will comply with all equal opportunity
employment laws.
SECTION 32. AUDITING, RECORDS. AND INSPECTION.
In the performance of this Agreement, the CONTRACTOR shall keep books, records,
and accounts of all activities, related to the Agreement, in compliance with generally accepted
accounting procedures. Throughout the term of this Agreement, books, records, and accounts
related to the performance of this Agreement shall be open to inspection during regular business
hours by an authorized representative of the CITY and shall be retained by the
CONTRACTOR, for a period ofthree years after termination or completion of the Agreement or
until the full CITY audit is complete, whichever comes first. The CITY shall retain the right to
audit the books during the three -year retention period.A11 books, records, and accounts related
to the performance of this Agreement shall be subject to the applicable provisions of the Florida
Public Records Act, chapter 119, Florida Statutes. The CITY also has the right to conduct an
audit within sixty (60) days from the effective date of this Agreement to determine whether the
CONTRACTOR has the ability to fulfill its contractual obligations to the satisfaction of the
CITY. The CITY has the right to terminate this Agreement based upon the findings in this
audit without regard to any notice requirement for termination.
SECTION 33, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION GRANT AGREEMENT COMPLIANCE.
CONTRACTOR shall be subject to any to any and all applicable contractual requirements
relating to the CONTRACTOR within the Grant Agreement No. S0672 between the CITY and the
State of Florida Department of Environmental Protection dated and approved by the CITY on
November 5, 2013 attached hereto and marked Exhibit "C ".
SIGNATURE PAGE TO FOLLOW
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives,
have executed this Agreement effective the day of , 2013.
ATTEST:
MAYOR AND CITY COUNCIL
CITY OF OKEECHOBEE, FLORIDA
By:
James E, Kirk, Mayor
Lane Gamiotea, City Clerk
TSI DISASTER RECOVERY, LLC
By: i V7'1/4--
Print: Y► w I/l !M 01/ti
Title:
6-142--
STATE OF FLORIDA
COUNT OF Q SG V l_
The fore oing instrument was executed before me this - day of NC e-,
2013, by . 1i VJ wt'e- as NjC-sln -�✓�-
of TSI Disaster R Lovert', LLC, who personally swore or affirmed that he /she is
authorized to execute this Agreement and thereby bind the Corporation , and who is
personally known to me OR has produced as identification.
(Stamp)
ARY : LIC, State of Florida
AMY M. 4{dv,cIY:16:1.0 NOTA, •Y PUBLIC
+STATE OF FLORIDA
:ilf ° Comm# DD967583
=x;411400 Prjff9_014
11
Exhibit "A"
Scope of Services
1. The CONTRACTOR shall perform all work necessary to complete each project as
assigned by the CITY. The Services include the performance of scheduled land
management on an as- needed basis for the CITY.
2. The scope of services includes mobilization, permitting, design, construction documents,
labor, equipment , materials, permits, clean - up, supervision and coordination of
management activities on an as needed basis for the CITY, but not be limited to, the
following:
2.1 Restoration
o Hydrologic
• site preparation
• earthwork
• control structures
• construction
• permitting
• monitoring
o Aquatic and Upland Habitat
• site preparation
• planting
• watering
• fertilizing
• monitoring
• transportation
• permitting
• mapping
2.2 Tree Removal
o trimming
o stump grinding and chipping
o permitting
o site preparation
o applications
o disposal
o hauling
o inspections
2.3 Brush Removal and Roller Chopping
o site preparation
o application
o hauling
2.4 Mowing (Brush Cut)
o site preparation
o application
o hauling
2.5 Trail Installation and Repairs
o site preparation
o installation
(Terrestrial and Aquatic; paved, natural, stabilized, boardwalk and bridges)
2.6 Shoreline Stabilization
o permitting
o preparation
o construction and earthwork
o hauling
2.7 General Construction. Demolition. Repairs. Restoration and Mowing
o Structural Demolition and Removal
permitting
disposal
demolition
(i.e., buildings, structures, both terrestrial and aquatic)
o Historic Building Repairs, Restoration, Moving or Construction
• permitting
• engineering
- demolition
• site preparation
- disposal
• inspections
o General Recreation Facility/Building Repairs, Installation or Construction
• construction
• site preparation
- permitting
• inspections
(i.e., picnic pavilions, restrooms, passive recreation equipment)
o Boat Ramp, Dock, Marina and Pier Construction, Installation or Repairs
• construction
▪ site preparation
• permits
engineering and inspections
o General Painting and Staining
o application
• site preparation
o General Cement Work
• permitting
o site preparation
construction
testing and inspections
(i.e., pads, sidewalks, piers)
o General Electrical Repairs and Installation
permits
site preparation
2.8 Access Road and Culvert Repairs. Removal and Installation
o delivery
o site preparation
o permitting
o engineering
o disposal
o testing and inspections
o installation and removal
(i.e., lime rock, shell rock, milling, and asphalt, concrete)
2.9 Septic Repairs and Maintenance
O hauling
o disposal (i.e., restrooms, caretaker homes)
2.10 Landscape Maintenance
o edging
o trimming
o wading
o fertilizing
o sprinkler repair
o inspections
3. Work shall include all mobilization, labor, materials, supplies, equipment, permits, and
necessary services to complete work as assigned.
4. The CONTRACTOR shall be appropriately licensed and /or certified to provide
appropriate services listed herein for the term of this Agreement.
5. Hourly Rate: The CONTRACTOR shall be billed to the CITY based on the hourly rates
as listed in Exhibit B, Fee Schedule attached hereto. The hourly rate shall include full
compensation for labor, equipment use, travel time, and any other costs (including
overhead) to the CONTRACTOR. The hourly rate paid to the CONTRACTOR shall start
upon arrival at the job site and end upon departure from the site. This hourly rate shall be
used as required by the CITY for the services specified, as well as unforeseen labor
needs not otherwise addressed.
6. Responsibilities: The CONTRACTOR shall supervise and direct all work, using its best
skill and attention. The CONTRACTOR shall be solely responsible for all construction
means, methods, techniques, sequences, and procedures and for coordinating all portions
of the work under this Agreement. The CONTRACTOR shall be responsible e to the
CITY for the acts and omissions of its employees, sub - contractors, any agents and
employees, and other persons performing any of the work under a contract with the
CONTRACTOR.
7. Debris: The CONTRACTOR shall, at all times, keep the premises free from accumulation
of waste materials or rubbish caused by its operations. At the completion of the work,
the CONTRACTOR shall remove all waste materials and rubbish from and about the
job site, as well as all tools, equipment, machinery, surplus supplies and materials,
leaving the job site in a clean, ready to use condition. The CONTRACTOR shall not use
trash receptacles on the CITY's premises without authorization. All waste materials
associated with these services shall be handled in accordance with all federal, state, and
local regulations.
8. Any hazardous materials shall be disposed of as prescribed by Iavv and the
CONTRACTOR shall provide the appropriate certifications and records to the CITY that
verify an accredited hazardous material disposal company disposed of the materials.
9. Authority: The CONTRACTOR's supervisor or alternate shall have full authority to act
for the CONTRACTOR on all matters relating to the daily operation of this Agreement.
10. Project Manager: The CITY's Project Manager shall be Brian Whitehall, Administrator,
who shall have the responsibility for managing the purchases performed under this
Agreement. The CITY's contact information is as follows:
CITY OF OKEECIIOBEE
Attention: Brian Whitehall, Administrator
City Hall
55 SE 3`d Avenue
Okeechobee, Florida 34974
Phone: (863)
E -mail:
11. Hours of Work: Regular work may be performed by the CONTRACTOR between the
hours of 7:00 am. and 5:00 p.m., Monday through Friday. No work may be performed on
CITY holidays or after normal business hours without prior authorization from the
CITY's Project Manager.
12. Method of Operation: The CONTRACTOR shall not commence any work until
properly authorized to do so by the CITY's Project Manager, in writing (i.e. a purchase
order). After the initial notification, the CONTRACTOR shall provide service in
accordance with specifications herein.
13. Inspection and Unsatisfactory Work: The CONTRACTOR shall consult with the
CITY's Project Manager for inspection and tentative approval of work quality being
accomplished. In the event of unsatisfactory work, the CONTRACTOR shall perform
whatever work is necessary without additional compensation.
14. Work Interruptions /Impediments: When work by CITY employees, by other
Contractors, or weather conditions of a temporary nature prevent the CONTRACTOR
from completing task, additional time will be permitted to complete the work.
15. Estimate of Labor:
a. Upon receipt of a request for work from the CITY's Project Manager, the
CONTRACTOR shall prepare an independent written estimate of the
labor and materials required to complete the work. This estimate shall
provide specific information including the following: hourly labor rates, as
stated herein, for each required worker; number of hours required per
classification, and a list of materials to include description, and cost. This
estimate shall also include the time work will be started and completed.
The CONTRACTOR must return an estimate to the CITY's Project
Manager within three (3) workdays, or as otherwise directed, from receipt
of a work request. The CONTRACTOR will be provided a detailed scope
of services that identifies the specific work description. The
CONTRACTOR shall complete the total estimate to accomplish the work
and will identify any additional tasks necessary to satisfactorily
accomplish the overall scope of services. All travel expenses, travel time,
vehicle expenses, etcetera incurred by the CONTRACTOR in order to
provide the estimate for services shall be borne by the CONTRACTOR
and will not be reimbursed by the CITY. The CONTRACTOR's estimate
will be evaluated to determine if the scope of work has been clearly and
accurately understood, the work has been properly estimated with
supporting data presented, and that material and equipment estimates are
reasonable and properly documented.
b. The estimate provided by the CONTRACTOR shall be firm, no increases
will be permitted unless unforeseen circumstances arise or additional
scope of work is added and the increase is authorized by the CITY'S
Project Manager, in writing, in advance of work being completed. Any
increases not authorized by the CITY will not be paid to the
CONTRACTOR.
c. If, during the course of work, the CONTRACTOR encounters unforeseen
conditions which impact the work and which could not initially be
evaluated, the CONTRACTOR shall not proceed without written
authorization from the CITY's Project Manager.
d. The CONTRACTOR shall have sufficient number of personnel, materials,
transportation, and an adequate inventory of tools and equipment to
perform work at the job site. The CONTRACTOR shall be held
responsible for the on -site supervision, scheduling, storage, receiving, and
placement of materials.
16. Emergency Work Request: Emergency work may be needed from time to time. The
CONTRACTOR shall, within two (2) hours of notice, meet the CITY's Project Manager
at the job site, review the scope of services, provide an estimate, and be responsive to
the emergency request, once work authorization is given. All travel expenses, travel
time, vehicle expenses, etcetera incurred by the CONTRACTOR in order to provide an
emergency work request quote, shall be borne by the CONTRACTOR and will not be
reimbursed by the CITY.
17. Protection of People: Precautions will be exercised at all times for the protection of
persons (including employees) and property. Barricades will be provided by the
CONTRACTOR at the CONTRACTOR's expense when work is performed in areas
traversed by persons or vehicles, or when deemed necessary by the CITY's Project
Manager.
18. Accomplishing Work: The CONTRACTOR acknowledges that time is of the essence to
complete the work as specified in each and every work request. The CONTRACTOR
agrees that all work shall be prosecuted regularly, diligently, and uninterrupted at such a
rate of progress as will ensure full completion thereof within the time specified in each
and every purchase order.
19. Invoices:
a. The CONTRACTOR shall advise its employees of the correct protocol on how to
submit the invoices and any other paperwork submitted to the CITY correctly,
which shall include all the correct back -up, including but not limited to, Purchase
Orders, and upon request by the CITY's Project Manager, receipts and /or
invoices from sub - contractors to show correct mark -up on materials.
b. All invoices shall show the Purchase order number, the name of the person
placing the order, description of service(s) performed, hours worked, hourly rates,
Contract price, and discounts. Descriptions, material cost, percentage markup, and
net price of each line item will be listed on the invoice.
20. Cost of Materials: At the CITY Project Manager's request, the CONTRACTOR shall
provide documentation of the cost of materials used to perform the services for the
CITY. The documentation shall include, but not be limited to, receipts and /or invoices
from sub - contractors and /or merchants, wholesalers, retailers, and etcetera, for materials
purchased by the CONTRACTOR to perform the services for the CITY. Any
irregularities found on invoices, by the CITY's Project Manager, shall be corrected by
the CONTRACTOR prior to payment being made by the CITY.
21. Trip Charges and Fuel Charges: The CONTRACTOR shall not charge trip charges or
fuel charges for any services performed in connection with this Agreement.
22. Safety: The CONTRACTOR shall be responsible for ensuring that any work performed
in connection with this Agreement conforms to the guidelines set forth by the
Occupational Safety and Health Act (OSHA).
23. Subcontractors: If a subcontractor is needed to complete work, the CONTRACTOR will
have to get approval from the CITY's Project Manager. The CONTRACTOR will be held
responsible for holding the sub - contractor accountable to the same standards set forth in
this Agreement.
24. Unique Requirements: If any instance arise needing unique requirements of the
CONTRACTOR, other than what is specified in this Agreement, case -by -case, separate
negotiations with the CONTRACTOR may be considered.
25. State of Florida Department of Environmental Protection Grant Agreement
Compliance: CONTRACTOR shall be subject to any and all applicable contractual
requirements relating to the CONTRACTOR within the Grant Agreement No. S0672
between the CITY and the State of Florida Department of Environmental Protection dated
and approved by the CITY on November 5, 2013.
Exhibit '23'
Fee Schedule
*Subcontractors, chemicals and supplies
*Materials, including chemical and subcontractor services outside TSI (if required) will be
invoiced at cost.
The amount to be paid under this Agreement for services rendered will not exceed two hundred fifty
thousand and 00/100 Dollars ($250,000.00).
Cost Per Hour
Laborer(unskilled)
$20.00
Laborer (semi - skilled)
$26.00
Laborer (skilled)
$32.00
Equipment Operations
(dependent on equipment required to complete task)
$40.00 - $200.00
Other Services
Upon Request
Cost Per Cubic Yard
Debris Removal
$19.39
*Subcontractors, chemicals and supplies
*Materials, including chemical and subcontractor services outside TSI (if required) will be
invoiced at cost.
The amount to be paid under this Agreement for services rendered will not exceed two hundred fifty
thousand and 00/100 Dollars ($250,000.00).
Exhibit "C"
This Agreement is subject to the State of Florida Grant Agreement No. 50672,
Pursuant to Line item 1640C of the 2013 -2014 General Appropriations Act
Of which has been attached hereto, in its entirety.
AGREEMENT NO. S0672
STATE OF FLORIDA
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1640C OF THE 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 3`d 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:
1. 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 fmal 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:
i. 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 hours /time spent on the
project. All multipliers used (i.e. fringe benefits, overhead, and/or general and
DEP Agreement No. S0672, Page 1 of 8
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 mayy 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. Equipment — (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 Services' Reference Guide for State Expenditures at
http: / /www.fldfs.com/aadir /reference %SFguide.
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
subrecipient's, 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 31, June
30, September 30 and December 31. The Department's 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 fulfill 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 re- perform the services needed
for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of
being 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(1)(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 hereof. Exhibit 1 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 1 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 Department's 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
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A -133, Subpart B, Section _.210 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. 50672, Page 4 of 8
https: / /apps.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
Department's 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 m 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
E -mail Address:
Misty.aldermanna,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.:
(850) 245 -5505
Fax No.:
(850) 245 -8434
E -mail Address:
Connie.L.Becker@adep.state.fl.us
17. The Grantee's Grant Manager for this Agreement is identified below.
Brian Whitehall, Administrator
City of Okeechobee
55 SE 314 Avenue
Okeechobee, Florida 34974
Telephone No.:
(863) 763 -3372, extension 212.
Fax No.:
(863) 763 -1686
E -mail Address:
ofokeechobee.com
bwhitehall@Awofokeechobee.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
shall 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 Agreement 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
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
last written below.
CITY OF OKEECHOBEE
REV 'FOR 'LITAL SUFFI(NIO
John R. Cook, City Attorney
FEID No.:59- 6000393
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Secretary or designee
Date: I 1 fth(i3
Misty
P Grant Manager
C lCtf,-
Connie Becker, DEP Grant Manager
DEP Contracts Administrator
Approved as to form and legality:
.
dzect-e'2ail e 4 U-
DEP orney
*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 attachments /exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Grant Work Plan (3 Pages)
Attachment B Payment Request Summary Form (2 Pages)
Attachment C Contract Payment Requirements (1 Page)
Attachment D Progress Report Form (1 Page)
Attachment E Special Audit Requirements (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
bwhitehallncityofokeechobee.com
FEID NUMBER: 59- 6000393
FISCAL YEAR END: September 30th
FINANCIAL COOPERATING PARTNERS: Not applicable
OTHER COOPERATING PARTNERS: Not applicable
PROJECT LOCATION: City of Okeechobee, Florida
Waterbody: Taylor Creek, Lake Okeechobee, Nubbin Slough
Latitude: 27° 14' 01.0 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 1 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 +/- 1.f. at a total $609,505;
however, this phase is in the amount of this appropriation or $250,000.
TASKS and DELIVERABLES:
TASK NUMBER: 1
TASK NAME: CONSTRUCTION
TASK DESCRIPTION: Construction of the storm water retrofit/conveyance, 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 10th St. ends at approximately SE 15th St. -- $129,030
• West Leg: 1,375 linear feet — west side of Taylor Creek, south of SE 7th St. and east of
SE 2nd Ave. -- $81,125
• Portion of North Leg #2: 577 linear feet -- SE 10th Ave (SE 31.d. 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 10th Ave (SE 3rd. 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 8th Ave. north of SE 8th St. -- $148,350
• South Leg #2: 2,500 linear feet — from SE 15th St. south to Taylor Creek -- $147,500
ALLOWABLE COSTS: $250,000 for construction
DELIVERABLES: 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 31,
2015.
DEP Agreement S0672, Attachment A, Page 2 of 3
PROJECT BUDGET BY CATEGORY and TASK:
PROJECT BUDGET BY CATEGORY TOTALS:
Salaries Total
Frin . e. Benefits Total
Travel Total
Contractual Total
E • ui • ment Purchases Total
Sus .lies /Other Ex. enses Total
Land Total
Indirect Total
$0
$0
$0
$250,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement S0672, Attachment A, Page 3 of 3
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
Grantee:
Mailing Address:
DEP Agreement No.:
Date Of Request:
Task/Deliverable Amount
Requested:$
Grantee's Grant Manager:
Payment Request No.:
Performance
Period:
Task/Deliverable
No.:
GRANT. EXPENDITURES SUMMARY. SECTION
[Effective Date of Grant through End -of -Grant Period]
CATEGORY OF EXPENDITURE
AMOUNT OF
THIS REQUEST
TOTAL
CUMULATIVE
PAYMENT
REQUESTS
MATCHING
FUNDS
TOTAL
CUMULATIVE
MATCHING
FUNDS
Salaries
$N /A
$NIA
$N /A
$N /A
Fringe Benefits
$N /A
$NIA
$N /A
$N /A
Travel (if authorized)
$N /A
$NIA
$N /A
$N /A
Subcontracting:
$N /A
$N /A
Planning
$N /A
$N /A
$N /A
$N /A
Design
$N /A
$N /A
$N /A
$N /A
Construction
$N /A
$N /A
Equipment Purchases
$N /A
$N /A
$N /A
$N /A
Supplies /Other Expenses
$N /A
$N /A
$NIA
$N /A
Land
$N /A
$N /A
$N /A
$N /A
Indirect
$N /A
$N /A
$N /A
$N /A
TOTAL AMOUNT
$
$N /A
$N /A
TOTAL TASK/DELIVERABLE
BUDGET AMOUNT
Less Total Cumulative Payment
Requests of:
TOTAL REMAINING IN TASK
$N /A
$N /A
$N /A
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
was for items that were charged to and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
DEP 55 -223 (03/12)
DEP Agreement No. S0672, Attachment B, Page 1 of 2
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
TASK/DELIVERABLE BUDGET AMOUNT" 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
BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK' 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 "TOTALS" 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 TASK BUDGET AMOUNT' 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 "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL
REMAINING IN TASK' 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 documentation 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:
(2) Fringe Benefits:
(3) Travel:
(4) Other direct costs:
(5) In -house charges:
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.
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.
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.
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.
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:// www. fldfs .com/aadir /reference_guide.htm
DEP 55 -219 (0512008)
DEP Agreement No. S0672, Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
S0672
Grantee Name:
Grantee Address:
Grantee's Grant Manager:
I Telephone No.: I
Reporting Period:
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 l:
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 Date
DEP Agreement No. S0672, Attachment D, Page 1 of 1
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 contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract /agreement) 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
Department 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 thee 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 I: 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 -I33, 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 1 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 I, 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: / /12.46.245.173 /cfda /cfda.html.
DEP 55 -215 (03/09)
DEP Agreement No. S0672, Attachment E, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. 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 1 to this Attachment indicates state financial
assistance awarded through the. Department of Environmental Protection by this Agreement. In
determining the state fmancial 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 fmancial assistance does
not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal
program 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 10.550
(local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in state fmancial 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 fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from 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 https: / /apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http: / /www.leg.state.fl.us /Welcome /index.cfm, State of Florida's. website at
http: / /www.myflorida.com /, Department of Financial Services' Website at http: / /www.fldfs.com/ and the
Auditor General's Website at http: / /www.state.fl.us /audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck 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 arrange for audits of State financial 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
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 0M13 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 or on behalf of the recipient directly to each of the following:
DEP 55 -215 (03/09)
DEP Agreement No. S0672, Attachment E, Page 2 of 5
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 http : //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(0, 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 II 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 401, Claude Pepper Building
111 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 directly 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 this Agreement Consist of the Following:
Federal
Program
Number
Federal Agent'
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
INIIIIIIIIIIIMIIIIIIIIIIIMIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIMIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIMINIIIIIIIIIIIIII
Original
A eement
General Revenue Fund,
Line. Item 1640C
2013 -2014
37.039
Statewide Surface Water Restoration
and Wastewater Pro'ects
$250,000.00
140047
IIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
111111111111111111
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Followin• Matchin. Resources for Federal Pro rams:
Federal
Program
Number
Federal A• enc
CFDA
CFDA Title.
Fundin_ Amount
State
Appropriation
Cate o
INIIIIIIIIIIIMIIIIIIIIIIIMIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIMIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIMINIIIIIIIIIIIIII
Original
A eement
State Resources Awarded to the Reci. lent Pursuant to this Agreement Consist of the Followin_ Resources Sub'ect to Section 215.97, F.S.:
State
Program
Number
Fundin_ Source.
State
Fiscal Year
CSFA
Number
CSFA Title
or.
Fundin: Source. Descri •don
Fundin. Amount.
State.
Appropriation
Cate _o
Original
A eement
General Revenue Fund,
Line. Item 1640C
2013 -2014
37.039
Statewide Surface Water Restoration
and Wastewater Pro'ects
$250,000.00
140047
IIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
111111111111111111
Total Award
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 /cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https:l /apps.fldfs. cam /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
CITY OF OKEECI-ABEE
STORMWATER RETROFIT / CONVEYANCE
PROJECT LOCATION PLAT
City of Okeechobee
55 SE 3rd Av
Okeechobee, FL 34974
Administrator's office
(863) 763 -3372 ext: 212
fax: (863) 763 -1686
E -Mail: bwhitehall Ocityofokeechobee.com ∎s4 I Is+l_
Website: http://www.cityofokeechobee.com ■ , Ir1s
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
3, Dcf3
Ot
Lf
fAdchd-
offs l rl ncf-etb
General Project Information
Project Title:
Subgrant Recipient:
Implementing Agency:
Project Start Date:
Problem Identification
There is an urgent and immediate need to improve and increase our agency's ability to process
and store increasing larger amounts of electronic data in a way that will make that data available
in a more user friendly format that will better provide for its use in law enforcement applications
including courtroom presentations, statistical analysis, investigative purposes, and allow for more
secure data storage and retrieval.
2013 OPD EVIDENCE/PROPERTY ACCOUNTABILITY
ENHANCEMENT PROJECT
City of Okeechobee
Okeechobee City Police Department
2/1/2014 End Date: 6/30/2014
Due to the immediate need to find a means to store increasingly larger amounts of data including
Photos, documents, and other items of evidentiary value, etc., it is necessary to update and
purchase electronic equipment that will better facilitate this process.
Project Summary (Scope of Work)
Using the grant award amount of $1,886.00 our agency would like to purchase the following items
that would enable us to work toward solving the above stated problem. These purchases would
include the following:
1 Computer (estimated unit cost $990.00)
1 Color LaserJet Laser Printer (estimated unit cost $350.00)
7 digital CyberShot cameras (estimated unit cost $78.00 each or $546.00)
Total estimated cost of above purchases is $1,886.00.
Please Note: Should any purchase amount exceed the $1,886.00 grant award amount those
funds above and beyond the grant award amount will come from the City General Fund.
Application Ref # 2014 -JAGD -1490 Section #2 Page 1 of 2
Contract - JAGD -OKEE- - -
Rule Reference 110 -9.006 OCJG -005 (rev. April 2005)
Overall Key Map
'2
cn
L L .c
tY 1A <D
Sheet L -2 (441S -1 to 4415 -6)
CONCEPTUAL TREE SCHEDULE
C
Sheet L -3 (441S -7 to 441S -12)
MED. �- LARGE TREES CODE QTY BOTANICAL NAME / COMMON NAME
-- - - -- - - --. ._.. - --- -- - -- -- - - - -- - -- - --- - --- -- -- ____1.1..1.1._.
•
PALM TREES
SMALL TREES
MG 2 Magnolia grondiflora / Southern Magnolia
SIZE
N
s
2.5-3' CaL, 12' Ht. x 5.6' Spr., 4 -5' Ct.
QC 4 Quercus vicginicna 'Cathedral' / Cathedral Live Oak 65 Gal, 3 -3.5' Col. 14 -16' Ht x 6 -8' Spr, 45' Ct
CODE QTY BOTANICAL NAME / COMMON NAME SIZE
SS 102 Sabal palmetto / Cabbage Palmetto 14', 17' & 20' Ct., Smooth Trunk, Stagger Heights
CODE QTY BOTANCAL NAME / COMMON NAME SIZE
LT 36 Lagerstroemia x Tuscarora. / Crape Myrtle Coral Pink 10 -12' Ht x 5-6' Spr.. Multi, 3 -5 trunks. 4 -5' Ct
-smog Tree Variety
LJ 6 ligrotrum icrpar icum / Japanese Privet 8- Ht. x 8 Spr . Multi - Stem Tree Form
SK
28 Serulc surcltensis ; Glossy Showec
Medium/ Large Trees (over 11" trunk Diameter)
Cathedral Live Oak
Southern Magnolia
2 Cal, 10 -12' Ht. x 5 -6' Spr., Std.. 4-5' Cl.
Palm Trees (11 ° or less
Sabel Palm
Conceptual Shrubs & Ground covers - For Discussion
Sheet L-4 (441S -13 to 4415 -17)
N
N
-5
N
Preliminary Cos
MED. LARGE TREES
PALM TREES
SMALL TREES
LT
L.J
Small Trees (4" or less )
N
c0
Sheet L -5 (441S -18 to 441S -21)
1 Sheet l -6—
(441S -22) — t
t Estimate ( Only includes propos
(4a Scale: 1" = 300'
ed trees)
North 0' 150' 300' 600' 900'
Botanical :Common
Magnolia grancjjflora i Southern Magnolia
Quercus NM-Or-liana 'Cathedral' / Cathedral
Botanical Common
Sahal palmetto . +' Cabbage Palmetto
Botanical Common
Lagerstroernia x 'TL carora / Crape Myrtle Coral
Ligustrurrl japonicur-r1 / Japanes e Pti-et
Senna surattensis / Glossy Shower
Live Oak
Pink
Glaucous Cassia
Coral Pink Crape Myrtle
Ligustrurn
Quantity Unit Cost Total
350 700
4 425 1700
Quantity Unit Co Total
102 '151 15:300
Quantity Unit Cost Total
275 9900
400 2400
300 8400
38400
Small Tree (Alternative)
Silver Buttonwood
Saw Palmetto
Pink Muhly Grass
Dwarf Ilex
Foxtail Fern
Var. Flax Lily
Dwarf Bougainvillea
Spider Lily
Green Island Ficus
Perennial peanut
50 E. Ocean Blvd., Suite 101 —0
Stuart, Florida 34994
T 772.678.7200
F 772.678.7201
www.hjodesignstudo.com
.4 :CI
LA 0000905 OI tj1
s*L-,
al4
Okeechobee Highway 441
-0
lL-
Ccp,nylf
L 4 41.1,6 , 1. 1,01,. „ ._4,411.
.1cob No.
Dawn By
C7rac:ked By
. -1pprl"zcd [t1,
f is !:S
vy
Revision Daics .... _....._ .._..
Sheet L - 1
Median 441S-1
Design Speed: 35 mph Curb: Yes
Park St.
:TT
177 U".
Median 44' S ®3
H27'-1
Min.
100'
(No trees permitted within 100' area).
2nd St.
Median 441S -2
Design Speed: 35 mph Curb: Yes
2nd St.
Design Speed: 35 mph Curb: Yes
3rd St.
Line of sight
3rd St.
100' (6' Min. H.C.)
(No trees permitted within 100' area)
Median 441S-5
0 0
100'
— 27' (No trees per ed,orltiTtrr100 area)
Min. _
4th St.
L tight
4th St.
Design Speed: 35 mph Curb: Yes
5th St.
Line of 6E
5th St.
8' (— 27'
Min.
100' - I (6 Min. H.C.)
(No trees permitted within 100' area)
100'
(No trees permitlgtLt 4thln 11M-FAN
6th St.
Line of sight
6th St.
L�f sight
‘- 8' �— 27 —1
100' 1 (6' Min. H.0 j. -- tr
No trees permitted within 100' area)
2nd St.
Median 441S-4
100'
(No trees permitted within 100' area)
3rd St.
Design Speed: 35 mph Curb: Yes
4th St.
line of sight
4th St.
Median 441S -6
8'
100' 1 (6' Min. H.C.)
(No trees permitted within 100' area)
— 27.
100'
(No trees ermltiad- within 'area)
5th St.
one of sight
5th St.
Design Speed: 35 mph Curb: Yes
6th St.
6th St.
0 0 0
100' 7' H 27' -1
(No trees permitted within 100' area)) (6' Min. H.C.) Min.
of sight
100'
(No trees permitted within 100' area)
7th St.
Scale: 1" = 30'
0 15' 30' 60' 90'
(41111)
North
50 E. Ocean Blvd., Suite 101
Stuart, Florida 34994
T 772.678.7200
F 772.678.7201
www.hjadesignstudio.com
LA 0000905
0
V
novvnl
M E6e
.ela,'�ian w wnWCiM ng ate .11 ar Grayer,
ae,lGna� Y
Job No
Drawn By
Checked Bt'
Approved By
Submittal Dates
13020
TT
MH
MH
6 /XX/13
Revision Dates
Sheet L-2
Median 441S-7
Design Speed: 35 mph Curb: Yes
7th S.
100'
[(No trees permitted within 100' area)
Median 441S-9
I I
I I
I
100'
(No trees pern21110 with4n-t09' area)
Line of s,ght
-
1.6
Design Speed: 40 mph Curb: No
35'
— Line of sight
9th St.
100' 14'
(No trees permitted within 100' area) (0' Min. H.C.,
only small trees
permitted)
Median 441S-11
100'
(No trees permitted within 100' area)
Design Speed: 40 mph Curb: Yes
Line of sight
9' -
(6' Mln. H.C.)
100'
(No trees permitted within 100' area)
Remove all
Ex. Plant Material
11th St.
35'
5,
Median 441S-8
Design Speed: 35 mph Curb: No
29'
Line of sight
oo
9,
100' -I (6' M1n. H.C., only
(No trees permitted within 100' area) small trees permitted)
Median 441S-10
100'
(No trees permitted within 100' area)
9th St.
Design Speed: 40 mph Curb: Yes
35' Line Wit
10th St.
100'
(No trees permitted within 100' area) (6' Min. H.C.)
Median 441S-12
11th St.
Design Speed: 40 mph Curb: No
35'
Remove
Elottlebrushatt
12th St.
100'
(No trees permitted within 100' area
- 14'
(6' Min. H.C., only
small trees permitted)
100'
(No trees permitted within 100' area)
•
1 qv
35'
Scale: 1" = 30'
30' 60' 90'
North
50 E. Ocean Blvd., Suite 101
Stuart, Florida 34994
T 772.678.7200
F 772.678.7201
www.hjaaesignstudic.com
LA 0000905
Okeechobee f ; ig w, y 441
i7Y49V,
3
ec, ns 0.1F
.=at . 7avlek ,ZZ■
use an ard cceoep .11n uncinca No.e cl
wtt Ovelgns, amansemen., oe pan, eN,Il co Qat,'
gve
desIgroel.
Job No
Drawn By
Checked By
Approved By
Submittal Dates
13020
TT
MH
MH
6/XX/13
Revision Dales
Sheet
L-3
Median 441S -13
Design Speed: 40 mph Curb: Only on south end.
35
13th St.
Median 441S -14 & 15
O
9, —
100' -i ,,. (No trees permitted within 100' area) 100'
(h
small trees permitted)
14th St.
14th St.
Design Speed: 40 mph Curb: 441 S -14 - North & south ends are curbed 441S-15 - Yes
Line of sight
35'
14th St.
Median 44'S-16
441S -14
-13'
100' - 13' (6' Min. H.C., only
(No trees permitted within 100' area) small trees permitted)
100'
(No trees permitted within 100' area)
Design Speed: 40 mph Curb: Yes Note: * Remove ex. plant material
35' r
-Line of sight 100, (6' Min. H.C.)
(No trees permitted within 180' area)
17th St.
Remove all Ex.
Plant Material
Line of sight
16th St.
100'
(No trees permitted within 100' area)
17th St.
15th St.
441S -15
100'
(No trees permitted within 100' area)...: (6' :MIrc:H.C.) s'
oozmo
Median 441S-17
100'
(No trees permitted within 100' area)
3rf
16th St.
Design Speed: 40 mph Curb: No
17th St.
35'
Line of sight
17th St.
00
100'
100'
14'
(No trees permitted within 100' area) (6' Min. H.C., only (No trees permitted within 100' area)
small trees permitted)
Line of sight : -
18th St.
Scale: 1" = 30'
0' 15' 30' 60' 90'
North
50 E. Ocean Blvd., Suite 101
Stuart, Florida 34994
T 772.678.7200
F 772.678.7201
www.hjodesignstudo.com
LA 0000905
Okeechobee Highway 441
Copyright
Instnanents <::`v
' .,
x.. wp.a
CI tat sert.t. any penny Re ss ww+abnl snwm
Job No
Drawn By
Cbecked By
Approved By
Submittal Dates
13020
TT
MH
MH
b /XX/13
Revision Dates
Sheet
L -4
Median 441S-18
Design Speed: 40 mph Curb: No
35'
b _
Line of sight
100'
(No trees permitted within 100' area)
- 13' 1 100'
(6' Min. H.C., (No trees permitted within 100' area)
only small
trees permitted)
Median 441S-20
Line of sight,
- 35'
Median 441S-19
Design Speed: 40 mph Curb: Yes
3
•
Line of sight
100'
(No trees permitted within 100' area)
- 8' (6' Min. H.C.)
Design Speed: 40 mph Curb: Yes
Signalized
Intersection
100'
00
(No trees permitted within 100' area)
9' (6' Min. H.C.)
Median 441S-21
0
•
(No trees permitted within 100' area)
50 E. Ocean Blvd., Suite 101
Stuart, Florida 34994
T 772.678.7200
F 772.678.7201
www.hjadesignstudio.com
LA 0000905
100'
(No trees permitted wl
Design Speed: 40 mph Curb: Only on far south end.
100'
trees permitted within 100' area)
(6' MM. H.C., only
- 12 small trees permitted)
100' I 11'-
(No trees permitted within 100' area) (6' Min. H.C., only
small trees permitted)
-10'
12' -
(6' Mln. H C., only
small trees permitted)
23rd St.
Line of sight
100'
(No trees permitted within 100' area)
�_JScale: 1" = 30'
0' 15' 30' 60' 90'
(No trees
(rL.
North
CwMgtx
Txt
uh a e c.aowro..nea �r ar�'J me,n'.cem"i
,.00-,a,
any
oi
Job No
Drawn By
Cbecked By
Approved By
Submittal Dates
13020
TT
MH
MH
6/XX/l 3
Revision Dates
Sheet
L -5
Median 441S-22
Design Speed: 40 mph Curb: Yes
(6' Mln. H.C., only
- 121 small trees permitted)
0
100'
(No trees permitted within 100' area)
Landscape Notes
�- ccoS)00
(No trees permitted within 100' areal
100'
28th St.
7. (6' Mln. H.C.)
1 THE IANOSCARE CONTRACTOR SHALL BE RESPONSIBLE FOR
ADHERING TO ALL 71I1 REQUIREMENTS STATED UNDER DMSION 1-
GENERAL REQUIREMENTS AND CONDITIONS AS WELL AS THE SPECIIIC
CRITERIA OUTLINED HEREIN RADON THE LANDSCAPE DRAWINGS
INCLUDING A00ENOA AS MAY BE ISSUED BY THE OWNER
2. ME SCOPE OF WORA FOR THE LANDSCAPE CONTRACTOR FOR THIS
PROJECT SHALL INCLUDE THE PROVISION OF ALL LABOR MATERIALS
AND EQUIPMENT REQUIRED 70 COMPLETE ALL TASKS A55OCIATEO
WITH THE LANDSCAPE '*40 -W MINSTKLATION AS SHOWN ON
THE DRAWINGS OR NOTED HEREIN. 0(45. 5
REIHNrEO-
3, THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR
INSURING ALL WORN INCLUDING DELIVERY. STORAGE AND DISPOSAL
OF THEIR MATERIALS) IS PERFORMED W COAPLIM'CE WITH
APPLICABLE JURISDICTION. CODES. THE CONDUCTOR'S
RESPONSIBLE FOR OBTAINING ALL PENTADS ASSOCIATED 01TH THE
WORK
THE LANDSCAPE CONTRACTOR SHALL ASSIGN A QUALIFIED PROJECT
MANAGER AND FIELD SUPERVISOR 10 WORK DIRECTLY WITH THE
LANDSCAPE ARCHITECT AND SUPERVISE THE WORN AT ALL TIMES
THROUGH FINAL OWNER ACCEPTANCE. 7415 THE CONTRACTOR'S
RESPONSIBILITY TO ENSURE THAT PROJECT MANAGER HAS A
COMPLETE. CURRENT SET OF DOCUMENTS ON -SITE AT ALL TIMES.
1. THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR
FAMILIARIZING THEMSELVES WITH EXISTING 511E CONDITIONS AND
NOTIFYING THE OWNER IN WRITING O ANY CONCERNS PRIOR 10
COMMENCEMENT O WORK THIS EVALUATION SNOJLO INCLUDE
BUT IS NOT LIMITED 10, VERIFICATION OF SURFACE AND
SUBSURFACE UTILITIES. GRADES. DIMENSIONS MO SOIL
CONDITIONS.
B. THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR
FAMILIARIZING THEMSELVES 'WI114 PROJECT PLANS AND SCOPES OF
WORK RELATED TO ASSOCIATED TRADES 10 BE PERFORMED BY
OTHERS IN ORDER 10 IDENTITY NET COORDINATION ITEMS INCLUDING
BUT NOT LIMITED T0. SITE ACCESS, MATERIAL STORAGE, SCHEDULING
MID SEQUENCING OF WORN. THELMDSCAPE CONTRACTOR 15
RESPONSIBLE FOR COORDINATING ALL SITE ISSUES WITH THE
GENERAL CONTRACTOR
7. THE UNOSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR THE
PROTECTION OF ALL ADJACENT WORK, MATE P.IKS ANO EOUIP0FNI
FROM DAMAGE DUE 10 THEN ACTMTIES. THE LANDSCAPE
CONTRACTOR NALL BE SOLELY RESPONSIBLE FOR MY DAMAGE OR
INJURY TO PERSON OR PROPERTY THAT MAY OCCUR AS A RESULT OF
THE EXECUTION OF THEIR WORK
11. THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR
AN TANNING THE AREA, MATERIALS AND EQUIPMENT WTHIN THE
LIMITS O WORK IN A SAFE. NEAT AND ORDERLY MANNER. EXCESS
MATERIALS AND DEBRIS ME TO BE REMOVED FROM THE WORK AREA
NO LESS THAN WEEKLY OR AS DIRECTED BY THE GENERAL
CONTRACTOR
9. THE LANDSCAPE CONTRACTOR MUST TAKE PRECAUTIONS TO
PROTECT ALL EOSTWG SITE ROADS PARKING LOTS, CURBS AND
uTLI TIES FROM OMAAGE. THIS APPLIES NOT ONLY TO THE AREA
0111914 ME LIMNS O YORK BUT ALSO ALONG ANY LOCAL ACCESS
ROADS.
10. THE LANDSCAPE CONTRACTOR SHALL PROVIDE ALL NECESSARY
SAFETY MEASURES DURING CONSTRUCTION OPERATIONS 70
PROTECT THE PUBLIC ACCORDING TO ALL APPLICABLE CODES 000
E500017E LOCO PRACTICES.
THE 1AN'DSC.. CONTRACTOR SHALL COORDINATE WHO
GENERAL CONTRACTOR TO ENSURE THAT TEMPORARY EROSION AND
SEDIMENTATION CONTROL MEASURES (SILT FENCE. ORANGE GEO
FENCE MVO,. OTHER MEASURES) ARE NSTKLEO PRIOR TO
BEGINNING EXCAVATION,
12. TIIF LANDSCAPE CONTRACTOR SHALL DE RESPONSIBLE FOR THE
MAINTENANCE OF ALL PLANT MATERIALS AND ME PLANTING AREAS
UNTIL FINK ACCEPTANCE BY THE OWNER.
13. THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR THE
AGRONOMIC EVALUATION OF SOIL CHARACTERISTICS. EVALUATION
MUST INCLUDE CHEMICAL ANALYSIS BY A OUKFIEO AGRICUl1U1UL
SOILS TESTING LABORATORY <CERTIFIED IN THE STATE OF FLORID.
SOUS SAMPLE SHOULD BE T04EN IMMEDIATELY FOLLON IG
COMPLETION OF ROUGH GRADING ACTIVITIES MD SHOULD BE
COLLECTED AT A RATE ON ONE SAMPLE FOR EACH 5.000 SQUARE FEET
OF IMPACTED AREA, OR A TOT. OF SIX, WHICHEVER IS GREATER. 01
A MINIMUM DIE CHEMICAL ANALYSIS OF THE 5OL SHOULD CONSIDER
THE FOLLOWING:
A. PERCENTAGE OF ORGANIC MATTER
B. SALINITY
C. PH
D. LIME CONTENT
F. MINER. NUTRIENTS INCLUDING CONCENTRATIONS OF
NITROGEN, PHOSPHOROUS, POTASSIUM, CALCIUM,
MAGNESIUM IRON. <'INC MANGANESE. COPPER, SULFUR.
AND MOLYBDENUM.
F. POTENTIAL HAZARDS 00 IMPEDIMENTS FOR PLANT GROW111
INCLUDING SALINITY, SODIUM CHLORIDE, BORON, IMPAIRED
SOIL STRUCTURE OR DRAINAGE.
F. SAND FRACTION ANALYSIS AS A PERCENTAGE PASSING THROUGH
T, j, AND NO. T00 SIEVES
H. PERCOLATION RATE IN INCHES PER HOUR
THE ANALYSIS SHOULD ALSO INCLUDE SPECIFIC RECOMMENDATIONS
TO THE OWNER FOUR ANY AIAEN01/ENTS AND BACKFILL MIXES FOR
OPTIMAL PLANT GROWTH TO BE MADE 10111E SOILS PRIOR TO
PLANTING. THE CONTRACTOR SHOULD INCLUDE THE COST FOR SOIL
AMENDMENTS. THE CONTRACTOR 1510 PROVIDE THE OWNER W1TN
COPIES OF ALL SOL TESTING RESULTS. SUBMITTAL DOCUMENTATION
MUST ALSO CONTAIN A GRAPHIC SITE PLAN DEPICTING LOCATIONS
FROM WHICH EACH SAMPLE WAS DRAWN,
la. THE LANDSCAPE CONTRACTORS BASE 13I0 FOR SOIL
PREPARATION IS lO INCLUDE DIE FOLLOWING WITH TIE
UNDERSTANDING THAT NM DESIGN MAY NEED TO BE ADJUSTED
BASED ON OUTCOME OF AGRONOMIC TESTING.
A. TREES) 100% SITE 501L PATH 5LB. TRIPLE SUPER
PHOSPHATE PER CU. T0.
B. SHRUBS: 100`: SITE SOIL WITH OSIAOCOTE
CONTROLLER RELEASE FERTILIZER (14-14-14) PER
MANUFACTURERS RECOMMENDATION,
C. THE SOILS TEST RESULTS TINE PRECEDENCE
OVER TIE ITEMS NOTED IN A AND B ABOVE.
1S. SHOULD DINNER AND LANDSCAPE CONTRACTOR AGREE WITH THE
RECOMMENDATION OF TIE TESTING AGENCY TO FURTHER AMEND THE
SOILS THE CON TRACTOR'S CONTRACT WILL BE ADJUSTED
ACCORDINGLY. THE CONTRACTOR SHALL BE REQUIRE° 70 SUBMIT
SAMPLES OF AMENDED SOILS 10 RE RE-TES TE010 CONFIRM
COMPLIANCE WITH RECOMMENDATIONS FOLLOWING THE SAME
PROCEDURES AS THE ORIGINAL TESTS.
IL THE LANDSCAPE CONTRACTOR 450111055001(000 CONFIRMING
THE QUANTITIES OF EACH PLANT MATERIAL REQUIRED TO
ADEQUATELY COVER THE AREA SHOWN ON THE LANDSCAPE PLANS AT
THE PRESCRIBED SPACING AN0 NOTIFYING THE OWNER IMMEDIATELY
ANY PERCEIVED DISCREPANCIES FOR RESOLUTION. THE PLANT
SPACING CONTROLS BED LAYOUT. NOT THE PLAN QUANTITY FOR THAT
PARTICULAR BED.
FINE GRADING NOTES
1. FINISHED GRADE IN PLANTING AREAS SHALL BE HELD 3- BELOW
THE FINISHED ELEVATIONS SHOWN FOR ALL ADJACENT RAR050ME
SURFACES,
2. ALL FILL REOUIREO SNARL BE CLEAN. WELL DRAINING SOIL. FILL
SHALL BE CLEAN AND FREE Of ALL ...TERM, HARMFUL TO PLANT
GROWTH PRO DELETERIOUS MATERIAL SUCH AS ROCKS LARGER
MAN 2- OA4 COMPACTED CLAY. ROADBED OR SURFACING MATERIAL,
MUCK ROOTS AND BRANCHES. ETC.
3. THE LANDSCAPE CONTRACTOR IS 10 ENSURE THAT THEIR WORN
DOES NOT ADVERSELY IMPACT ESTABLISHED OR PROJECTED
DRAINAGE PATTERNS.
INSTALLATION NOTES
PLANT MIO LANDSCAPE MATERIALS SHALL CONFORM TO THE
STPR0.405 FOR FLORIDA NO. 1. AS GIVEN IN THE GRADES AND
STANDARDS FOR NURSERY PUNTS. PARTS I 1 L AS PREPARED BY
THE FLORIDA DEPT. OF AGRICULTURE AND CONSUMER SERVICES.
2. A3' THICK LAYER OF ORGANIC NONLYPRESS MULCH SHALL BE
APPLIED TO ALL LANDSCAPE ANO PLANTING AREAS.
3. ALL EXOTIC VEGETATION 10 BE REMOVED FROM THE SITE PRIOR
10 THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY.
4. TINS PLAN HAS BEEN DESIGNED TO MEET WITH TIE TREE
PLANTING REQUIREMENTS CONTAINED WITHIN THE FPL DOCUMENT
ENTITLED -PUNT THE RIGHT TREE N THE RIGHT PLACE.
5. FOR EXISTING OR PROPOSED UTILITIES. NO TREE SHALL BE
PLANTED WHERE IT COULD. AT MATURE HEIGHT, CONFLICT WITH
POWER NE LARGE TREES HEIGHT AT MAIM TY OF
/ACRE THAN 1045 LINES.
MORE THAN HORIZONTAL L 185 /W 1 SHALL 10 PUNTED NO CLOSER
H
THAN AONERHEA 1851/WEE E.THIRTY1301FEETFROM.ME
NEAREST MATURIVERHEADPOWER TWENTY OBI DIUMHEOH30)FET /SKHL
AT OFFSET OEASTT TWENTY100100THIRTYL301FEE'SHALL
BEOFFSET0LEAST 544221 0101FEETANDSAILTREESNCIGHT
AT M1AlURITY OF LESS THAN 120) FEET) REQUIRE NO OFFSET.
5.
9O.
NO TREE. 5HRUB5 HEDGES OR VINES SHALL BE PLANTED WITHIN
FIVE (51 FEET OF ANY EXISTING OR PROPOSED UTILITY POLE. GUY
WIRE ORPAD MOUNTED TRONSFORIAER PALMS SHOULD BE
PLANTED AT A DISTANCE E U. TO OR GREATER THAN THE
AVERAGE FRONT LENGTH PLUS TWO 12) FEET FROM POWER UNES
WETLAND BUFFERS, BUFFER PROTECTION AREAS, AND UPLAND
PRESERVE AREAS SHALL BE PROTECTED FROM EXCAVATION,
CONSTRUCTION AND OTHER BUILDING MAINTENANCE ACTIVITIES.
TREES 10 REMAIN MIRING CONSTRUCTION MALI BE PROTECTED
ONO BARRICADED. 5[E TREE PROT EC ION OEIAI IN 0001050E1500
FERTILIZER SHALL BE COMPLETE WITH APPROXIMATELY THE
FOLLOWING RATIO 3N•11-8K (*HAG FOR PALMS ONLY)
"REES ANTI PALMS ARE TO BE PLANTED N ACCORDANCE 10
ANOSCAPE PAN 0000 HORTICULTURAL PRACTICES FAUST BE
OBSERVED.
11, TREES AND PALMS ARE 70 BE PLANTED IN THE FIGHT- OF-WAY
IROWI AT A WN*WUM OF FOUR INN FEET FROM BACK OF CURB AT
LOCATIONS IDENTIFIED ON THE LAN05CAP14 PLAN AWARDED
BIDDER SHALL STAKE ARDOR PAINT PUNTING LOCATIONS IN THE
FIELD. UPON APPROVAL BY THE CUSTOMER, THESE AREAS SHALL
BE SPPATE0 WITH AN APPROVED HERBICIDE AND MAINTAINED
WEED-FREE FOR THE DURATION OF THE PROJECT.
EXCAVATE PLANTING HOLES WITH VERTICAL SIDE$. DO NOT
DISTURB SOIL Al DOTTOA4 OF PLANTING HOLES, MM.
EXCAVATIONS TWICE AS NIDE AS THE ROOT BALL DIAMETER PRO
SLIGHTLY LESS RWO MCHE5) THAN THE DISTANCE BETWEEN TIE
TOPMOST R001 IN THE ROOT BALL AND THE BOTTOM OF ME
0007 BALL. ALTERNATVa0, EXCAVATE THE HOLE SLIGHTLY
WADER THAN THE ROOT BALL ANO PLACE THE ROOT BALL IN THE
HOLE SO THE IOPJ2OST ROOT IS EVEN WITH OR SLIGHTLY (2
INCITE S) HIGHER THAN THE SURROUNDING LANDSCAPE GRACE.
LIEN, LOOSEN THE SURROUNDING SOIL OUT TO A DIAMETER
EQUAL TO TRICE THE DIAMETER OF THE ROOT BALL. FINALLY.
PLASH THE LOOSENED SOL TOWARD THE ROOT BALL TO FILL THE
HOLE.
F WATER FILLS THE BOTTOM OF THE PLANTING HOLE, ADD SOIL
TO THE BOTTOM OF THE HOLE UNTIL THE WATER IS COVERED.
PACK THIS ADDED SOIL 0404411. PLACE THE ROOT BALL ON THIS
PACKED, SOLID SCE, NOT IN WATER. NO PMT O ME ROOT BALL
SHALL BE PLACED IN NEATER IF NECESSARY, BRING W SOIL
SIMILAR TO SITE SOIL 10 COVER THE SIDES OF THE ROOT BALL,
CREATING A RASED MOUND. THE BASE OF THE MOUND O.E. THE
OUTER DIAMETER,) CREATED SHALL BE AI LEAST SIX TIMES THE
DIAMETER, OF THE ROOT BALL.
WHEN PLANTING 0 A SLOPE, THE TOPMOST MAN ROOT IN THE
ROOT BALL SHALL BE EVEM WITH TIHE GRADE ON THE UPHILL DOE
O THE TREE, SITE SOIL WILL NEED 108E ADDED ON THE
DOWNHILL SIDE TO COVER THE SIDES 01 THE ROOT BALL AND TO
CORSI RUC, THE SOIL BERM TO HOL0 WATER THE AMOUNT O
SOIL A00ED ON THE DOWNHILL SIDE WILL DEPEND ON THE SLOPE
AND 512E OF THE R007 BALL.
•
13. REMOVE ALL WOOD. PLASTIC. OR GROBAG5 FROM THE ROOT
BALL. SET PLANTS IN CENTER OF (HOLES WITH THE TOPLWST
ROOT 10 ME ROOT BALL AT TIIE SAME HEIGHT OR SLIGHTLY 12
INCHES) HIGHER THAN FINISHED LANDSCAPE GRADES AND PLUMB
THE TREE SO THE TRUNK IS VERTICAL. RACEME FIELD SOIL
AROUND SIDES OF ROOT MASS AND WORK EACH UYER 10
SETTLE AND EL..IRATE VOIDS AND NR POCKETS. MATERIAL
MUST BE WATERED IN AS PLANTED. PROVOF APPROAIMATELY 5
GALLONS OF WATER PER INCH OF TRUNK CALIPER TO THE ROOT
BALL ONCE ALL BACKFll 15 FILLED IN AROUND THE ROOT BALL.
14 PROVIDE AM- HIGH SOL BERM AROUND THE EDGE OF RO04
BALL TO FORM A SHALLOW SAUCER 10 COLLECT WATER THE
WATERNG SAUCER. REGARDLESS OF HOLE SIZE, IS 10 BE Al
EDGE OF ROOT B.L. ALTERNATIVELY. COBRA EDGING IS TO BE
INSTALLED AT THE EDGE OF TF ROOT BALL.
16 RNOADGASI OVER THE ROOT BALL .WO PACKF1150L. AT THE
RECOMMENDEORATE A BROABSPECIRUM PRELMEHGENT
NERBICIOE PRIOR TO MULCHING,
15. APPLY A CONIROLLE0.RELEASE FE44110(R 10 ME SOL
SURFACE UNDER THE MULCH Al 1LB. NITROGEN PER 1000 F12,
PRIOR TO MULCHING. NO OTHER AMENDMENTS ARE NECESSARY.
17 . ON TREES UP TO N' CALIPER. APPLY A THREE (3) JNCH UYER O
MULCH TO AN EIGHT DI) -FOOT DIAMETER CIRCULAR AREA
AROUND THE TRUNK ON LARGER CALIPER TREES. APPLY A TWO
421 F007 1MAETER MULCH AREA FOR EACH INCH OF TRUNK
CALIPER NO MULCH SHALL BE APPLIED TO THE INNER HALF O
THE ROOT BALL SURFACE.
TB, TREES AND PALMS ARE TO BE SECURED BY AWARDED BIDDER .
SEE F001 INDEX 501, INSTALLATION OE TABS.
19. A REPRESENTATIVE WLL. INSPECT TREES ANO PALMS DURING
INS TALL /MON, MATERIAL THAT IS N SHOCK OR HAS BEEN
OA*AGEO WRING INSTALLATION SHALL BE REPLACED BY
WARDED BIODER VATHN FIVE 154 WORKING DAYS FROM
NOTIFICATION.
20. REMOVE FROM WORE SITE ALL EXCESS MATERIALS IF G. SOL.
DEBRIS AND EOUIPMENT) DAILY THROUGH DURATION OF
PROJECT. DAMAGES RESULTING FROM INSTALLATION SHALL DE
REPAIRED ID AWARDED BIDDER.
•
1 1 CANING: IF THERE IS A DOUBLE LEADER IN THE TOP HALF OF
THE TREE. SHORTEN ONE. BY ABOUT ONE-HALF. BACK TO ALIVE
BRANCH THAT POINTS AWAY FROM THE TREE AND 01 AT LEAST
ONE.THIR0 THE DIAMETER OF THE CUT LEADER. REMOVE
BROKEN PORTIONS OF DAMAGED BRANCHES BACK TO A LIVE
LATERAL BRANCH.
22. REMOVE ALL STING OR WIRE WRAPPED AROUND THE TRUNK
REMOVE ALL 5TRAPS, ROE AND STRING USED TO LIFT THE ROOT
O.L. REMOVE ALL BURLAP ANC VILE FROM THE TOP OF THE
ROOT BALL.
SOIL NOTES
I OPFSITE 10P50I SHALL BE NATURAL, RETITLE FRIABLE LOAM OR SANDY
LOAM AS CLASSIFIED BY THE U.S. DEPARTMENT 00 AGRICULTURE Sal
CLASSIFICATION SYSTEM. THE SOIL SHALL CONTAIN NOT LE55 THAN 3
PERCENT OR MORE THAN B PERC051140 wEIGHT OF OEC YE0 ORGANIC
MAT TER 1H*MU51 AS DE TENMINED BY AST* F -464/, THE TOPSOIL SHALL BE
FREE Of 510NE5 11501/25 MILUME0ERS) OR LARGER AR0 OTHER
EXTRANEOUS MATERIALS HARMFUL 10 PLANT GROWTH. TORSI SHALL NOT
HAVE A PH OF LESS THAN 6.0 OR GREATER THAN 1.5, ANC 5HAL1 NOT OE
DELIVERED OR USE° FOR PLANTING WIRE IN A FROZEN OR MUDDY
CONDITION.
IF ORGANIC AMENDMENTS ARE NEEDED TO OBTON TIE SPEOFIC ORGANIC
MATTER CONTENT OF THE TOPSOIL. THE ORGANIC MATTER SOURCE NAY BE
A PEAT OR COMPOST RATERS.. THE PEAT SHALL BE SPHAGNUM PEAT
HAVING A N ASH CONTENT NOT EXCEEDING 15 PERCENT. AS OE7 ERMINED By
A51M 0.2912. COMP0511 MAY BE USED PRO, RED THAI THE MATERIAL HAS
AN ASH CONTENT NOT EXCEEDING 40 PERCENT.
ACCEPTANCE NOTES
100'
(No trees permitted within 100' area)
I. INSPECTION 10 DE TENMPE ACCEPTANCE O PLUM D AREAS
WILL BE MADE BY THE CUSTOMER REPRESENTATIVE UPON
AWARDED BIDDERS REQUEST. PROVIDE NOTIFICATION A MINN.
OF NE IR WORKROOM'S BEFORE REQUESTED INSPECTION
DATE,
PLANTE0 AREAS WILL BE ACCEPTED PROVIDED ALL
REQUIREMENTS, INCLUDING MAINTENANCE, HAVE BEEN SATISFIED
ONO PUNT MATERIALS ARE M A HE.THY, VIGOROUS CONDITION,
7 THE CUSTOMER REPRESENTATIVE WALL PREPARE A PUNCH UST.
OF THOSE ITEMS, WHICH MUST BE CORRECTED BEFORE
WILL FOR FINAL ACCEPTANCE. THE REPRESEN1AIf1T.
JN
WB.L DETERMINE AN APPROPRIATE BIERS TIME PERIOD FOR
TWO 7)WOWI A'J:ARS IN ADVANCE
MUST REQUEST 0.EANSECION
Two al WOWING DAY51N ApVANCE.
MAINTENANCE
4. BEGIN MAINTENANCE IMMEDIATELY AFTER RANTING. MAINTAIN
ALL PLANT MATERIAL UNTIL FINAL ACCEPTANCE AND FOR A
MAINTENANCE ANO WARRANTY PERIOD OF TWELVE 1121 MONTHS
AFTER FMAL ACCEPTANCE.
2. MAINTENANCE SHALL INCLUDE BUT IS NOT LIMITED TO PRUNING,
CULTIVATING. MOWING, WEEDING. EVOLVING, WATERING. AND
APPLICATION OF APPROPRIATE PESTICIDES NECESSARY TO
MAINTON PLANTS IN 1E.MY CONDITION.
A. RE5E 1 SETTLED PLANTS TO PROPER GRADE AND POSITION
8 RESTORE SOIL BERM AND IA0CH LAYER
C. TIGHTEN AND REPAIR ELASTIC GUYS OR OTHER SUPPORTS
O. CORRECT DEFECTIVE WORK
E. REMOVE AND REPLACE REJECTED MATERIAL WAFT TIN ONE I11
WORKING DAY FROM NOTIFICATION.
f. MAINTAIN MULCH SURFACE WEED-FREE.
"'14' AN.S 8RWIN-
<. ME CONTRACTOR IS RESPONSIBLE FOR A DO DAY WATERING IN
PERO4D AND FOR A ONE YEAR PANT SURVIVAL GUARANTEE.
FDOT / FEC General Notes
1. Governing Standards and Specifications: Florida Department of
Transport/k0. Design Stand:lyds 0a1W 2043 and Standard
SpedlL4d*Ps b Road and Bridge CAnsUMaloo dated 2010.
Section 580 Landscape 10STafieUOn, WA any RppScade update,.
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Sheet L-6
The Updates!
from the City Administrator's Desk
55 SE 3rd Av., Okeechobee, FL 34974
City Council meeting of December 3, 2013
Note: meetinJ is at 2: OOPM
• City's annual Christmas tree lighting event is December 3rd at 5:30PM
City Santa — Dec 3 -5, 9 -11, 16 & 17 6:OOpm to 8:OOpm
Kiwanis Santa — Dec 7, 18 -23 6:OOpm to 8:OOpm
Christmas parade — Dec 7 at 5:30pm
• S. Parrott Av landscaping project (Main St $100k grant) — Please find the
enclosed 6 page landscaping plans for the 441 project. As you can see,
the estimated cost of the trees is $38,400 and they are scattered to allow
for line of sight and placed according to DOT specs, altho' the architect
has sent the plans to the State for review and hasn't heard back as of this
date.
• Canals demucking grant funded project —SE Storm water conveyance
(canal demucking) $250k Legislative grant that the City expected to match up
to $25k (Public Facilities monies). Attached is a map reflecting the areas
incorporated in this grant funded 'phase'. There are two agenda
documents to pass in connection w/ retaining a contractor for this project:
1. Agreement to Piggyback services bid by Osceola County in Jan
2012. A 1 -page confirmation that the contractor, TSI Disaster
recovery, LLC agrees to piggyback on said contract.
2. Agreement w/ the City which modifies the Osceola contract to
pertain to the project and includes grant compliance language.
• Ord 1106, 2nd reading on agenda for vacating alleys for the old
InSite /southern trace Development in the area of 1100+ NW 3rd Av — At
the last meeting, Steve Dobbs was advised to investigate the ramifications
of a City Council vote on extending the reversionary clause. — As you recall,
the Council was inclined to revisit the reversionary clause on the development at
the last meeting (1st rdg 11/5/13). A prior Ord (971, 2007) provided for an alley
closing reversionary clause but the developer failed to gain a Cert of Occupancy
as required. However, the developer consummated ownership of the alleys,
purchasing and recording same. The proposed ordinance strikes the
reversionary clause.
• Vet's Park — Enclosed is the Grant of License w/ the Legion relating to the
park along with the original map, that we discussed at the last meeting.
Will be meeting w/ Atty Cook to review the document. If you have input,
please advise. Huey installation -There is still some painting /welding and
installations to be done on the helicopter itself.
• Replace deteriorated Chickee at City Hall Park — The chickee was
replaced in short order by Wade Osceola...much needed improvement for
the park.
Page 1
12/5/13 Activity Rpt Cont'd
• 441/70 intersection project — FDOT set March 26, 2014 as the bid letting date
for the project. At the last council meeting crosswalk for NW 2nd Av was added
bringing the total cost for crosswalks to $72,112 based on 690 sy x $104.51 /sy =
$72,112.
Building Dept / General Services:
• Fitness Center at former Rita Furniture location — Discussed this project
again at the Nov 21 TRC. The latest plan, represented by Steve Dobbs
was to create a pedestrian path from the alternate parking lot across the
alley and between the two buildings (Big lake Eye and the Nunez bldg).
There are some contingencies the TRC placed on the project in order to
make it work which, according to Steve, may not be palatable to Dr.
Bartels.
I'm also attaching a marked up copy of the minutes from the 9/9/13
meeting (used at the Nov 21 mtg) along w/ the 11/21/13 minutes.
• 'H' zoning and Aq use consideration — You recall the City met in a July workshop
and the Planning Board meet in September to discuss this issue.. We plan to add
the corresponding ordinances to the January agenda.
• New County bldq at 300 block of NW 6th Av — Was advised that this project is
being delayed until further notice. The County has submitted new plans for the
building. 2/21/13 TRC recommended a parking reduct'n to the Council.
Page 2
12/5/13 Activity Rpt Cont'd
City Atty:
• Sale of 35' parcel on north side of proposed park at SE 6th Av & SE 7th St
Had an opportunity to discuss the sale of property to heir Arron Kinty and
discovered that there are some additional negotiations necessary prior to the City
seeking an appraisal...Heir(s) may not be interested in paying more than $5000.
I looked at the Assessor's web site and found that the land value for the current
40' wide parcel is $17,440, which, by comparison, would make the additional 35'
worth $15,260.
• Glen Harvey future request to vacate street/alley area of 1000 blk of SW
7th St — Still no application rec'd, but Atty Cook is investigating the Unity of
Title procedure to allow for the construction of a building on residentially
zoned property that is across an unimproved right -of -way. (there is a
contiguous issue as far as the City issuing a bldg permit for the bldg) Conf
call w/ John Cassels (client gave him petition). The City Code provides for
the application to go thru the TRC and the Planning Bd. review process,
but this is a pre - emptive effort if the council is philosophically opposed.
Finance:
• City Audit - barring any conflicts, set for the first week in December.
• BTR updates — at the budget meeting there was discussion about investigating
BTR rates and as part of that we are looking at definitions, trying to update
antiquated ones and add new "21St century" terminology. Adoption of new
rates is not an urgent issue as the rates won't be assessed until this time
next year.
Public Works:
• Christmas decorations — Dept has been engulfed in putting up decorations
throughout town. We had an issue with the tree which was bent during a
wind gust, but it's been anchored substantially better since.
• SR 70 (Applebee's) grant- funded turn lane project — Sunshine Land
Design - $211,865.07. While the contract called for a 11/25/13 end date it
wouldv'e required them working Sat and Sun of last week, so it was
extended to Mon/Tue 11/25 & 26, but the weather forecast wasn't the best
so it's been agreed to move the project end to Dec 3rd
• Sidewalk project — David has been working on the sidewalk program.
• SW 11th Street 200 -block retention area — Notice to Proceed issued 10/21/13 and
substantial completion date by 1/3/14, according to memo rec'd from CAS. Recall
this is a grant funded County project. SW 11th is only a small part of this project.
When they do get around to this sect'n of the project SW 3rd Avenue will be
closed momentarily to install a pipe across it
• Roundabout replacing signal at SW 5th Av and S Park St — Culpepper and
Terpening designed an artist's rendition of the roundabout potentially for SW
Park & 5th Av. We will add to a coming agenda for discussion.
• Park at Taylor Creek, SE 7th St — Spoke at some length with Rich Noyes, FL Fish
& Wildlife Conservation (FWC) inquiring about FWC monies to assist in the Park
development and he directed me to the FWC boating program. Am investigating
the grant(s).
Page 3
1
r,
• CITY OF OKEECHOBEE
STORMWATER RETROFIT / CONVEYANCE
PROJECT LOCATION PLAT
City of Okeechobee
55 SE 3"1 Av
Okeechobee, FL 34974
Administrator's office
(863) 763-3372 ext: 212
fax: (863) 763-1686
14_
E-Mail: bwhitehallacityofokeechobee.com
Website: http://www.cityofokeechobee.com
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MINUTES OF THE
TECHNICAL REVIEW COMMITTEE
THURSDAY, SEPTEMBER 19, 2013, 10:00 A.M.
CITY OF OKEECHOBEE
55 Southeast 3rd Avenue
Okeechobee, Florida 34974
I. CALL TO ORDER—Chairperson.
The meeting was called to order at 10:08 a.m. by Chairperson Whitehall.
II. STAFF ATTENDANCE — Secretary.
City Administrator Brian Whitehall - Present
Building Official Jeffrey Newell - Absent w /consent
Police Chief Denny Davis - Present
Fire Chief Herb Smith - Present
Public Works Director David Allen - Present
City Engineer- Position is vacant at this time
Non - Voting Ex- Officio Members:
City Attorney John R. Cook - Present (entered Chambers' at, 1019 a.m.)
City Planning Consultant Bill Brisson - Absent
OUA Executive Director John Hayford - Present
County Environmental Health Department Representative - Absent
School District Representative - Absent
Committee Secretary Patty Burnette - Present:.
III. MINUTES — Secretary.
A. Police Chief Davis moved. to dispense with the reading and approve the May 16, 2013, regular meeting
minutes; seconded by Public.Works Director Allen. Motion carried unanimously.
IV. NEW BUSINESS — Chairperson;::'
A. CRCO Properties;: ;LLC. 13- 002 -TRC — Second review. Application was submitted by Mr. Steven
Dobbs, P.E:; Pi'oject Engineer on behalf of the property owner, CRCO Properties, LLC, (Dr. Charles
Bartels, Rresident), in regards to converting an existing 8,000 square foot retail furniture store into a
fitness"center (5,000 square feet), a retail nutrition store (1,500 square feet), and warehouse space
`''(1,,50O:sgiaare feet), located at 704 North Parrott Avenue, Okeechobee (Lots 18 to 20 of Block 57, City
:;' of'Okeechobee), and to include a remote parking lot (Lots 10 to 12 of Block 77, City of Okeechobee) —
' ,Senior Planner.
Administrator Whitehall began the discussion by clarifying this was the second review for Application
No 13 -002 TR
C, and asked Mr Dobbs, whether the configuration of the building had eanged5rCe
Dohlsfresponded "yes?it tll1now ;have:)50,00)s a ejfeet 'oracEitness Centerran
[10 a,;;quar feet, oreta l The floor plan was not available at this time The Site Plan being used for
review at this meeting is dated August 5, 2013, the first review plans are dated January 9, 2013. A third
set of plans will be submitted to the City with changes /corrections based u.on items discussed toda
The Planning Staff Report was addressed in an effort to assure correct interpretation of items that were
to be corrected or revised based on action noted at the first review, and approval of the remote parking
lot. These issues were highlighted in the Planning Staff Report. The main site (Lots 18 to 20 of Block
TRC - September 19, 2013 - Page 2 of 4
IV. NEW BUSINESS CONTINUED.
A. CRCO Properties, LLC. 13- 002 -TRC continued.
57, City of Okeechobee) does not have an area sufficient to meet parking requirements. The owner has
additional vacant property, within the area that could be developed into an off -site parking lot.
The applicant was successful in obtaining City Council approval for a remote parking lot, to be constructed
one block to the South (Lots 10 to 12 of Block 77, City of Okeechobee, corner of Northeast 6th Street and 2nd
Avenue). This creates a pedestrian walkway issue to be resolved. The proposal to date is: to make
improvements within the 15 foot wide alleyway, running North to South, in Block 77. However,, this'concept
is compounded by the owners of Lots 3 to 5 (David and Anita Nunez), by Use of Alley Agreement witti the
City. The Nunez's were granted permission to pave and construct a landscape planter within,the.North end
of the alley, as it divides Lots 3 from 4 and 5. A.plicant's request would require removal of part of ffie planter
as � eT a es enten g xkw,° ' tt ement e Tai o!oosea . or ra terse across the
ttomey Cook
Id i �Z�i° � er 4-#1— 7treMelf. sa ,
Administrator Whitehall read into the record, a letter sent by Attorney Cook,, dated September 13, 2013, to
the applicant's Attorney, John Cassels, which explains the situation,,tietter;'The current standing of the
application at this point seems to be that the City Council approved :the actual site plan for the off -site
parking lot just east of Dr. Bartels' building; however, the actual ro.'ute'andmeans of access from that remote
site to the gym facility remain to be determined. The proposed route runs through the City alley way, but
must cross the handicap arking area maintained by;A" itk'Nunez acquired by a prior alley use agreement
e`1raiteh„aaiitar { esFto Wilj Based upon other fitness
with the City, ode„
facilities I have seen in town, it is possible the gym. site itself may be sufficient to handle all of the customers
that may visit the gym, but of course, since that sife cannot comply with current City codes, the overflow lot
was approved. We must assume then that.; the :overflow lot will be utilized to some extent. The primary
concern I have is that upon City approval fora walkway in an alley that crosses an active parking lot, our
stamp of approval on the proposal means fhat when one of the gym customers is run over in the parking lot,
there will be three defendants, Dr. Ba'itels;.Ms. Nunez, and the City.
If the current draft is acceptedby the City, Brian and I have agreed that the following conditions must be
met a The walkway must .t e,designated by painted striping in its entirety, from the exit of Dr. Bartels lot to
the Northern edge of N:E 7th...Street. wog , ei "be, „tri�vaprc r l ar�tends,tos7iur„c aj b.
The walkway must be:straight North /South across N.E. 7th Street, terminating at a sidewalk constructed by
Dr. Bartels along the North edge of the street, connecting to the driveway to the gym, as we designated on
the set of plaris::c.; Dr. Bartels must provide signs to be placed at each parking spot owned by Ms.
Nunez of tiMis, c A S`"frr oitin en y in compliance with Florida Statutes, indicating they are
forherJ siriess'only, and will be towed otherwise. Also, a sign for the City's placement on N.E. 70 Street on
both sides of the street, warning of pedestrian crosswalk. d. Dr. Bartels must erect an appropriate
fence ®; 3 .a %data e..°7 hffor e i or shrubbery, along the East/West boundary of the City
:alley:6etween his lot and that of Ms. Nunez, so as to direct his users to the striped walkway to prevent them
from meandering across her parking lot. e. Dr. Bartels must provide an insurance rider with the City as
additional insured for his use of the city alleyway 0 Y' <. g eeri '` 1, '# `'``470 '`
(tec`r,_''i°aBir"�els :'' � "'a �e.�= 'iUa7�i�tlt��'cgilt�rt' enGy� in no less
than one million dollars liability.
These are just talking points at present, as the TRC as a whole may endorse all, some, or none of these
conditions. I can tell you that if Dr. Bartels were to choose an alternate route, along the block wall of Ms.
Nunez's parking lot, that would be endorsed by Brian and myself. Of course that would require him to
purchase or lease the space from Ms. Nunez and to relocate the parking stops away from the wall. That
route is marked on the plan as well.
TRC - September 19, 2013 - Page 3 of 4
IV. NEW BUSINESS CONTINUED.
A. CRCO Properties, LLC. 13-002-TRC continued.
Concerning your parking covenants, we would suggest: a. In paragraph 1, you should include that the
Doctor could use the remote lot for his employees /customers at his own business as well.
e *c{spned `oi ij, AggPSiie16on
a izoe b. The termination of the agreement, would
mean that the former gym facility may likely go back to be in non - compliance with City parking codes. So,
for purposes of title examination for the new buyer /owner, we would request a paragraph be add,.e'thatsets
out in the event of termination, any subsequent owner /tenant should be placed on notice "that parking
spaces may be an issue for any future use. Your response may well be that such a clause:wouid'affect the
Doctor's ability to sell the parcel, and the new buyer has the burden to
investigate the matter but let me know." r;�
ote =Whir zaiiimia �as�ue.;; nc7couldbe;
or s Via `jh /e ola /ii n1
A lengthy discussion followed regarding the pedestrian route. Mr. and`Mrs :Nunez were present and noted
their concern of creating a potential liability for them by agreeing,:,td the: pedestrian walkway on their
property. An additional concem was a stipulation made by the City..,Coiincil that the agreement entered into
between the Nunez's and CRCO Properties, LLC., that involved the pedestrian walkway, would remain with
the property. This could negatively impact the sale of the property/in the future. Administrator Whitehall
pointed out that due to the proximity of the Fitness /Nutr'itioh Center's remote parking lot to the Big Lake Eye
Care facility (Lots 6 to 9 of Block 77), customers of Dr. Bartels should be discouraged from using the area to
park.
Discussion then turned to an alternative pedestrian` walkway concept that would allow a sidewalk to be
constructed on the East side of Block 77•, along' Northeast 2nd Avenue. This would increase the walking
distance for employees and customers,,though it creates a safer path. The majority of the Committee was
receptive to this concept.
The next item addressed the parking-space sizes and location within the remote parking lot. Twelve of the
38 spaces indicate the required: measurement of 9 feet by 20 feet. The rest are 9 feet by 18 feet. Mr. Dobbs
explained, as utilized and" approved on past site plans, two feet of the car would hang over in front of the
space. However, the<.plans "show that along the North side, the parking spaces are two -feet from the
property line. To rectify this situation, and allow for the 2 -feet plus a 2 -foot buffer strip, the entire parking lot
will be shifted.,South - (revised plans will illustrate this change) . oie *do a! rrue.anreu0ors aro'¢t, ,
ate The.;parkiing spaces located on the perimeter will still be 9 feet by 18 feet with the front of the cars
hanging.oyerthe landscaping or sod. Spaces located in the middle of the site will be 9 feet by 20 feet with
24 feet betvveen the spaces in the aisles.
The.,.final item for the remote parking lot denoted adding eixkbu "hes' nvorde'; o'meet >tettiire i ladseate
Plans currently show 12 trees and 21 bushes. Mr. Dobbs offered there would not be a problem with
,''v providing the additional bushes to meet the requirements.
Turning to issues at the main site (Lots 18 to 20 of Block 57, City of Okeechobee), the Planning Staff Report
addressed off - street loading. There is a 10 foot by 30 foot loading space identified on page 3 of 6 of the
plans interferes with the two easternmost parking spaces. Suggested corrections were offered.
laps that ante ere
bsfe tned #ftiatgo eaae wised �`'tp ans tta;10 footaby Q foot loath g zo iit eated`'on thA
a thesub eet *bwldingJ The route of access will be upon entering the site to stay
along the Southem most side of the parking lot, and then turn north to the loading zone area.
Continuing at the main site, the f ovation *of,the.comrriefciaf:du'mpstei was not indicated on the plans. It was
determined that with approval from Waste Management, the dumpster could remain at its current location at
the Northeast corner of the property behind the building, and would need to be identified accordingly on the
revised plans.
IV. NEW BUSINESS CONTINUED.
A. CRCO Properties, LLC. 13- 002 -TRC continued.
TRC - September 19, 2013 - Page 4 of 4
Lastly, Mr. Dobbs stated the lighting plan will be met, _ . � ,0110/ ''' ' iiii _ {rta/_.rµ e he
(�TQte ,, ilo,M� "iot,�; �r�?�.�Iaia�:ei1irons;�a�of ` _!
has emailed the information to Planner Brisson, and the revised plans will show this information.
Comments from the Departments:
County Environmental Health Department: Mr. McCoy was unable to attend the meeting-.and submitted his
comments to Committee Secretary Burnette, to be read into the record: £ eel epe vent Rerrriif�would
I1&o I d her a a µTp decideto abandor,t:'eg. edsand or a acuzzr a e instated a d �,� p c
•
OUA: Mr. Hayford questioned the connection of the ewer syste aril ownership. Mr. Dobbs responded
there are two systems; the {plar11oafe to copriect I tofhe 'ist g force r a `owned; by Dr Bagels Mr.
Hayford added that water capacity and connection was not an, issEi€
Building Official: Mr. Newell submitted comments to;;Mrs:'Burnette prior to the meeting which related to
safety concerns with the walkway and the sale of the property in the future.
Public Works: Director Allen was concerned with': providing a safe route for pedestrians crossing Northeast
7th Street, and requested the installation of-'Pedestrian Crossing" signs, "No Parking" signage for the
Nunez's parking lot and on North side of,Northeast 7th Street along the subject property. at,rrBirred
.� c "- "#r. °. ,�°. c.. £"r'�aB#a" Yvt we .krx /i
ili �s i h tbi'. contOlgg4-cycns t � to ostig sIF tl�e :routlJgirt, 1E4s7,.�;si
Police Department: Chief Dayis; ted'liis concerns with
Street.
No; Parlkirig" signs along Ndr#heaSTP
Fire Department: Chief-Smith .commented that the landscaping would need to be maintained to allow proper
access for fire equipment onfthe properties, the main site and remote parking lot.
Director Allen made'a motion that the TRC recommends the applicant to consider two alternatives:
moving pedestrian access to the east side (of the Block) or to install a sidewalk along Northeast 2nd
Avenue:Signage and parking on the Nunez's property would still need to the addressed; seconded
by Chief Davis. Motion carried unanimously.
V. ADJOURNMENT— Chairperson.
There being no further items on the agenda, Chairperson Whitehall adjourned the Technical Review Committee
meeting at 11:01 a.m.
Brian Whitehall, Chairperson Patty M. Burnette, Secretary