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2014-05-20CITY OF OKEECHOBEE MAY 20, 2014 REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION AGENDA I. CALL TO ORDER - Mayor. May 20, 2014, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Jim Benton, Faith Farm Ministries; Pledge 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. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim May 18 - 24, 2014 as "National Public Works Week." PAGE 1 OF 9 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the May 20, 2014, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Jim Benton of Faith Farm Ministries; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mayor Kirk read the proclamation in its entirety and presented it to Public Works Director, David Allen, who then introduced each of the Public Works employees. "WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection, parks and canal maintenance; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, (continued) 241 242 MAY 20, 2014 - REGULAR MEETING - PAGE 2 OF 9 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim May 18 - 24, 2014 as "National Public Works Week" continued. the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme is, `Building for Today, Planning for Tomorrow", as we celebrate the hard work and dedication of the many public works professionals throughout the world. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim May 18 through 24, 2014, as "NATIONAL PUBLIC WORKS WEEK" in the City of Okeechobee and calls upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our Public Works; and to recognize the contributions which Public Works Officials make every day to our health, safety, comfort, and quality of life." Director Allen thanked the Council for the opportunity and then commended his staff, a /k /a "The Green Dream Team" for their service. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 6, 2014, Regular Meeting. Approval of the May 6, 2014, minutes will be reconsidered at the next meeting. No official action was taken on this item. VI. WARRANT REGISTER - City Administrator. Council Member Williams moved to approve the April 2014 Warrant Register in the amounts: General Fund, five hundred eighty -five thousand, eight hundred twenty -seven dollars and ninety -one cents ($585,827.91); Public Facilities A. Motion to approve the April 2014 Warrant Register: Improvement Fund, twenty -five thousand, one hundred eighty dollars and nine cents ($25,180.09); Capital General Fund $585,827.91 Improvements Projects- Impact Fee Fund, two thousand, four hundred twenty -four dollars ($2,424.00); Appropriations Public Facilities Improvement Fund $ 25,180.09 Capital Improvement Projects Fund $ 2,424.00 Grant Fund, two thousand, eight hundred twelve dollars and fifty cents ($2,812.50); Law Enforcement Special Fund, fifty dollars ($50.00); seconded by Council Member Watford. There was no discussion on this item. Appropriations Grant Fund $ 2,812.50 Law Enforcement Special Fund $ 50.00 VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business item D was changed to G, and then items D, E, F, were added. VIII. OPEN PUBLIC HEARING FOR FIRST READING OF ORDINANCE - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR FIRST READING OF ORDINANCE AT 6:11 P.M. AGENDA VIII. PUBLIC HEARING FOR FIRST READING OF ORDINANCE CONTINUED. A. 1. a) Motion to read by title only, and set June 17, 2014, as a final public hearing date for proposed Ordinance No. 1111, amending Article II, Local Business Tax, Chapter 50, Taxation, to increase the Business Tax rates and provide correction of language in Sections 50 -32 through 50 -59 - City Attorney (Exhibit 1). b) Vote on motion to read by title only and set final hearing date. c) City Attorney to read proposed Ordinance No. 1111 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 1111. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. MAY 20, 2014 - REGULAR MEETING - PAGE 3 OF 9 243 COUNCIL ACTION - DISCUSSION - VOTE Council Member O'Connor moved to read by title only, and set June 17, 2014, as a final public hearing date for proposed Ordinance No. 1111, amending Article II, Local Business Tax, Chapter 50, Taxation, to increase the Business Tax rates and provide correction of language in Sections 50 -32 through 50 -59; seconded by Council Member Williams. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. City Attorney read proposed Ordinance No. 1111 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ARTICLE 11 LOCAL BUSINESS TAX, IN CHAPTER 50, TAXATION, OF THE CODE OF ORDINANCE FOR THE CITY OF OKEECHOBEE; PROVIDING FOR A 5 PERCENT INCREASE IN THE BUSINESS TAX RATE APPLICABLE TO ALL CATEGORIES OF LOCAL BUSINESS' AS SET FORTH IN SECTION 50 -59, LOCAL BUSINESS TAX SCHEDULE, IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 205.0535(4); PROVIDING FOR CORRECTION OF LANGUAGE WITHIN SECTIONS 50 -32 THROUGH 50 -59, BY REMOVING ALL REFERENCES RELATED TO THE TERM OCCUPATIONAL LICENSE, AND REPLACING WITH THE APPROPRIATE REFERENCE OF LOCAL BUSINESS TAX; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member O'Connor moved to approve the first reading of proposed Ordinance No. 1111; seconded by Council Member Watford. Mayor Kirk asked whether there were any comments or questions from the public. There were none. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M. O'CONNOR - YEA MOTION CARRIED. 244 MAY 20, 2014 - REGULAR MEETING - PAGE 4 OF 9 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS. A. 1. a) Motion to read by title only, and set June 17, 2014, as a final public hearing date for proposed Ordinance No. 1112, providing for an extension of a moratorium for the collection of Impact Fees from July 1, 2014 to June 30, 2015 - City Attorney (Exhibit 2). b) Vote on motion to read by title only and set final hearing date. c) City Attorney to read proposed Ordinance No. 1112 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 1112. b) Public comments and discussion. c) Vote on motion. Council Member O'Connor moved to read by title only, and set June 17, 2014, as a final public hearing date for proposed Ordinance No. 1112, providing for an extension of a moratorium for the collection of Impact Fees from July 1, 2014 to June 30, 2015; seconded by Council Member Maxwell. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. City Attorney read proposed Ordinance No. 1112 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING CODE BOOK CHAPTER 71 IMPACT FEES, SECTION 71 -13 PUBLIC WORKS IMPACT FEE SCHEDULE, SECTION 71 -23 LAW ENFORCEMENT FACILITIES IMPACT FEE SCHEDULE, AND SECTION 71 -33 FIRE IMPACT FEE SCHEDULE; PROVIDING FOR AN EXTENSION OF A MORATORIUM FOR THE COLLECTION OF IMPACT FEES FROM JULY 1, 2014 TO JUNE 30, 2015; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member Williams moved to approve the first reading of proposed Ordinance No. 1112; seconded by Council Member Watford. Mayor Kirk asked whether there were any comments or questions from the public. There were none from the public. Council Member Watford began the discussion stating this moratorium was originally implemented as an economic stimulus and questioned whether the economy has improved to a point of reinstatement. Administrator Whitehall responded even though the general economy may be showing signs of rebound, the City's building permits volume and dollar amounts are at their lowest point since his tenure, even with the rate increase. He offered to research indexes establishing a scientific method for reincorporating the fees and provide at a later date. Council Members O'Connor and Maxwell remarked locally there are no indications of economic improvement. There are still dire circumstances when you observe the increasing vacant businesses. The Mayor and Council were in agreement of continuing with the moratorium and requested Administrator Whitehall present considerations during the next Fiscal Year budget process. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 1 1 1 AGENDA IX. NEW BUSINESS CONTINUED. B. Motion to approve an Independent Contractor's Agreement with Lynch Paving & Construction, Co., piggybacking with Okeechobee County, for the asphalt program - City Administrator (Exhibit 3). C. Motion to adopt proposed Resolution No. 2014 -02, creating a Centennial Celebration Ad Hoc Committee — City Attorney (Exhibit 4). MAY 20, 2014 - REGULAR MEETING - PAGE 5 OF 9 `7� COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford moved to approve an Independent Contractor's Agreement with Lynch Paving and Construction, Co., piggybacking with Okeechobee County (awarded Asphalt Resurfacing and New Road Construction Bid No. 2014 -01 issued January 24, 2014) for the (City's annual roadway improvement) Asphalt Program; seconded by Council Member O'Connor. Administrator Whitehall explained the budget for the annual asphalt program is two hundred fifty thousand dollars ($250,000.00). The agreement addressed costs for installing 1 -inch and 1.5 -inch overlay, small projects of less than 5 tons, tie -in for street jointing, and 1 -inch depth millings. The terms of this agreement are for three years, which began March 17, 2014, and ending March 16, 2017, and may be renewed for up to two additional one -year terms. The list of specific roadways to be addressed is normally presented with the bid award. However, he and Public Works Director Allen have not finalized the list. Therefore, should the Council have any input on streets in need of attention, they should submit the information. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. As requested by Clerk Gamiotea, proposed Resolution No. 2014 -02 was discussed prior to offering a motion, which creates a Centennial Celebration Ad Hoc Committee for the City's 100th Anniversary. Upon review, the following corrections or suggestions were noted: a typographical error correcting the first official meeting date from July 13, 2015 to July 13, 1915; Section Four, Item D, will be amended to omit Enterprise; and amend Section E to change monthly detail reports to periodically detail reports. The terms of membership to sunset on December 31, 2015, was discussed as to whether that would accommodate enough time for finalizing the years events. Clerk Gamiotea explained, the Resolution may be amended should it be necessary to extend the terms. The Committee Members will be subject to complete a brief application and file the state financial disclosure form. It was determined that Clerk Gamiotea will contact certain community entities to solicit their recommendation for a representative to this Committee, consisting of seven voting members and also advisory non - voting members. These prospective members will be presented for appointment by the City Council at the next meeting. Council Member Watford moved to adopt proposed Resolution No. 2014 -02 as amended (specifically noted above), creating a Centennial Celebration Ad Hoc Committee; seconded by Council Member O'Connor. 4/6 AGENDA IX. NEW BUSINESS CONTINUED. C. Motion to adopt proposed Resolution No. 2014 -02, creating a Centennial Celebration Ad Hoc Committee continued. D. ADDED ITEM TO AGENDA: Motion to proceed with a Section 319 Grant Application for the proposed Taylor Creek Park storm water improvements - City Administrator. MAY 20, 2014 - REGULAR MEETING - PAGE 6 OF 9 COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook read the title of proposed Resolution No. 2014 -02 as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, CREATING A CENTENNIAL CELEBRATION AD HOC COMMITTEE TO PROVIDE IDEAS AND RECOMMENDATIONS PERTAINING TO ALL MATTERS WITH RESPECT TO EVENTS AND ACTIVITIES RELATED TO THE CITY OF OKEECHOBEE CENTENNIAL CELEBRATIONS TO BE HELD THROUGHOUT 2015; PROVIDING FOR QUALIFICATIONS, APPOINTMENTS, AND TERMS FOR COMMITTEE MEMBERS; PROVIDING FOR RULES OF CONDUCT OF THE COMMITTEE; PROVIDING FOR EX- OFFICIO MEMBERS AND SUPPORT STAFF; PROVIDING FOR AUTHORIZED LIMITED BUDGET EXPENDITURES BY THE COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. The City Council, on March 18, 2014, approved the Civil Engineering Professional Services Agreement for Project Authorization No. 2, totaling $24,055.00, with Culpepper and Terpening, Inc., on the Taylor Creek Park Improvements Project. The development of the park was broken into six phases. Authorization No. 2 began Phase Two, with services of: preliminary engineering design up to $3,060.00; design survey up to $13,905.00; master site plan up to $6,590.00; reimbursements not to exceed $500.00, and listed grant funding assistance, which is the purpose for this item. Mr. Stefan Matthes, Engineer of Culpepper and Terpening, Inc., along with Mr. Frank Wantanabe, Grant Consultant with CW Consultants presented for Council to approve and move forward with a Florida Department of Environmental Protection (FDEP) Section 310 Grant Application. The draft grant application distributed indicates an estimated total project cost of $360,000.00, and refers to Task 3, Attachment 5 with the specific project items. The proposed park is located along Taylor Creek which has been identified as an impaired system, and falls within the boundaries of a developing Basin Management Action Plan, aiming to reduce nutrient runoff from surrounding areas by treatment through a grassy swale system and then into a nutrient baffle box. This will allow time for nutrients to be filtered out instead of directly flowing into the impaired watersheds. Mr. Matthes explained FDEP is very interested in assisting with cleaning up the discharge into Taylor Creek, and offers a 60/40 cost share split in grant funding for these types of project. The budget table projections indicate the 60 percent from the FDEP 319 Grant will be $220,208.00, and the City's 40 percent, equals $147,052.00. He noted there is no financial commitment by the City at this time. The opportunity would be decided once the grant was actually awarded. 1 i IX. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: D. Motion to proceed with Section 319 grant application for the proposed Taylor Creek Park storm water improvements continued. MAY 20, 2014 - REGULAR MEETING - PAGE 7 OF 9 COUNCIL ACTION - DISCUSSION - VOTE Part 111 proposes four tasks, listing deliverables of services, a budget, and timelines. Task 1: Preliminary Engineering and Design, using $10,000.00 in City Matching Funds includes: the preliminary engineering analysis, drainage analysis and preparation of the conceptual Taylor Creek Park plans. Also includes topographic surveying of the drainage area and the proposed park, data collection and field review of the site to assess any potential impacts or fatal flaws. The City already approved the Engineering Consultant Service Project Authorization No. 2, which includes: topographic surveying, data collection and field review assessments, drainage and storm water analysis, identification of the Basin Management Plan measurements to improve stormwater quality, prepared conceptual plans of the Taylor Creek Park, and the preliminary engineering cost estimate. This task start date was April 2014, with anticipated completion by August 2014. Task 2: Engineering Design and Permitting, covered by $61,500.00 in City Matching Funds includes: the preparation of the engineering design plans for 60, 90, and 100 percent, and permitting review through the South Florida Water Management District for construction of the installation of the nutrient separating baffle box for the surrounding area's drainage and the proposed Taylor Creek Park Improvements. It is anticipated that the permitting for this project may not be required due to the size of the project area. Should it be required, the General Stormwater Permit Application will be completed by July 2014. The final design plans and specifications will include: Taylor Creek Park Improvement Plans, Nutrient Separating Baffle Box (BMP) Plans, Drainage Construction details, Erosion Control Plans /Stormwater Pollution Prevention Plan, Technical Specifications on the Drainage, Baffle Box and Park Improvements, Draft and Final bid documents, draft and final project cost estimates. The timeline of this task is to begin by January 2015,with completion by May 2016. Task 3: Project Construction, covered by $220,208.00 from Grant Funds and $67,552.00 in City Matching Funds includes: plans will be sent to the Environmental Protection Agency (EPA) for determination of final approval by September 2014, EPA funding award announcement to arrive by early 2015, the City to advertise, bid and award contract during the fall of 2015, begin construction during the fall of 2015, construction completed by end of year 2015. However, the timeline within the task is conflictive with the overall timetable, which shows June 2016 as beginning date with completion by June 2017. There is a notation within this task that refers to "Attachment 5" and is the Preliminary Construction Cost Estimates. The items are described as traffic control, clear and grub area, remove existing drainage structures, erosion control plan -silt fencing, park area grassy swale /infiltration, install 36 -inch RCP, miter end section, drainage boxes, nutrient separating baffle boxes, utilities relocation and plant trees, equaling $261,600.00, together with the Preliminary Engineering /Design of $71,500.00 ($50,000.00 for preliminary design engineering plus $21,500.00 for construction engineering), and $26,160.00 for Contingencies, leaving the final total at $359,260.00. 4 "7 c 7 4 MAY 20, 2014 - REGULAR MEETING - PAGE 8 OF 9 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: D. Motion to proceed with Section 319 grant application for the proposed Taylor Creek Park storm water improvements continued. Task 4: Monitoring, Education and Reporting covered by $8,000.00 in City Matching Funds includes: environmental monitoring of the project to be conducted by the City with trained staff for the purpose of determining the reduction of pollutants within the stormwater system. Before commencement of the monitoring, the City will complete and submit to the EPA, a Quality Assurance Project Plan, specifying the sampling locations, instruments, and parameters to be sampled. The educational components will be training workshops for the community and City employees, local public announcements regarding the Taylor Creek Park and Stormwater Improvement Project, and the effects of stormwater pollution reductions, posters at both installation sites of the baffle box to provide information to the public, and informational brochures of the project and BMP at City Hall. The City will provide quarterly status reports, attend any FDEP review meetings, submit monitoring plan and test sampling documents, and prepare the draft and final report as required for the grant application. The timeline for this task is to begin in July 2017 and complete by August 2018. Council Member Watford made a motion to give approval to proceed with applying for a Florida Department of Environmental Protection Section 319 Grant Proposal for Task 1 only; seconded by Council Member ITEM ADDED TO AGENDA: E. Motion to reappoint Rennae Sweda and Louise Conrad as Regular Members to the Code Enforcement Board, terms being May 1, 2014 to April 30, 2017 - City Clerk. O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member O'Connor moved to reappoint Mrs. Rennae Sweda and Mrs. Louise Conrad as Regular Members to the Code Enforcement Board, terms being May 1, 2014 to April 30, 2017; seconded by Council Member Williams. Council extended their gratitude for their willingness to serve. VOTE ITEM ADDED TO AGENDA: F. Motion to reappoint Karyne Brass and Les McCreary as Regular Members to the Planning Board, Board of Adjustment and Design Review Board, terms being May 1, 2014 to April 30, 2017 - City Clerk. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Williams moved to reappoint Mrs. Karyne Brass and Mr. Les McCreary as Regular Members to the Planning Board, Board of Adjustment and Design Review Board, terms being May 1, 2014 to April 30, 2017; seconded by Council Member Watford. Council extended their gratitude for their willingness to serve. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 1 1 1 AGENDA IX. NEW BUSINESS CONTINUED. G. Discuss Midyear Fiscal Year End 2014 Financial Report - Finance Director. X. 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: James E. Kirk, Mayor Lane Gamiotea,.CMC City Clerk MAY 20, 2014 - REGULAR MEETING - PAGE 9 OF 9 249 COUNCIL ACTION - DISCUSSION - VOTE Finance Director India Riedel presented, through Power Point, the Mid -Year Financial Report for Fiscal Year 2013- 2014 and the projected economic trend. The Ad Valorem Tax Revenue is less than last year by 3 percent, as expected. Last year there was an unexpected increase. The General Fund Revenues (excluding Ad Valorem) are up 3.91 percent, or $40,000.00. Franchise Fees have rebounded and are at a 7 percent increase. Council Member Maxwell asked whether the Florida Public Utility (FPU) franchisee fee has contributed to the increase, to which Mrs. Riedel answered these figures do not reflect any revenue from FPU. Utility Tax receipts are up by 16 percent, however, Communications Service Tax has decreased by 28 percent. The lobbyists are rallying this area, since prepaid phones are not taxed, decreasing tax revenue. The City's portion of the monthly receipted sales tax from the State is up by 11 percent, with the Local one -half cent tax up by13 percent. Building and Permitting numbers have remained unchanged as new construction has been minimal. The budget expenditures as of March 31, 2014, are 43.78 percent, lower than the expected fifty percent. General Fund expenditures have increased by 7.6 percent due to the 11 percent increase of health insurance cost, as well as the auditors annual expenses being paid earlier in the year. The margin of budget to actual is narrower than past years and anticipate using reserves as budgeted. The City Staff continue to scrutinize and monitor their budgets. Mrs. Riedel advised there was no need to request a mid -year budget amendment at this time. The Mayor and Council thanked all the City Staff for their continued hard work, and noted that it was encouraging to hear about the sales tax revenue increase. No official action was necessary There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 7:30 p.m. The next regular scheduled meeting is June 17, 2014. INDEPENDENT _ NEWSPAPERS OKEECHOBEE NEWS 10]S.W. Ii NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 J J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a ,1-Gf44 -c(- Y� in the matter of ,e1,1,4-L, L-6, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Toni Byrd Sworn to and subscribed before me this 1'6 day of ;_ �' AD Notary Public, State of Florida at Large 5� ;"Y" ANGIE BRIDGES .; !! '; +: MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 %? pp ,a Bonded Thni Notary Public Underwriters (863) 763 -3134 PUBLIC NOTICE: CITY COUNCIL MEETING NOTICE I5 HEREBY GIVEN that the City Council for the City of Okeecho- bee, will meet in Regular Session on Tuesday, May 20, 2015, 6:00 p.m., or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public is Invited and encouraged to attend. Con- tact City Administration at 863 - 763 -3372, or website, atyofokeecho- bee.com, to obtain a copy of the agenda. ANY PERSON DECIDING TO APPEAL any decision made by the Gty 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 accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate 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 Gamlotea, CMC, City Clerk 465420 ON 5/16/2014 //// x t c/%z I, CITY OF OKEECHOBEE MAY 20, 2014 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA cf ✓/b { • ` ' fit'(1kJ I. CALL TO ORDER - MAYOR: II. OPENING CEREMONIES: May 20, 2014, City Council Regular Meeting, 6:00 p.m. Invocation given by Rev. Jim Benton, Faith Farm Ministries; 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 tV Council Member Dowling R. Watford, Jr. Council Member Clayton Williams ✓ City Administrator Brian Whitehall City Attorney John R. Cook,/" City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen ,/ IV. PROCLAMATIONS AND PRESENTATIONS - Mayor A..� Proclaim May 18 - 24, 2014 as "National Public Works Week." " (,l,G . G� y1/ (' f7L L c (tJG'7kt 4 . c asp ,PLieX4 G. May 20, 2014 PAGE 2 of 3 V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the May 6, 2014 Regular Meeting. VI. WARRANT REGISTER - City Administrator A. Motion to approve the April 2014 warrant register. General Fund Public Facilities Improvement Fund Capital Improvement Projects Fund Appropriations Grant Fund Law Enforcement Special Fund LA 0 $585,827.91 $ 25,180.09 $ 2,424.00 $ 2,812.50 $ 50.00 VII. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. ,N' E VIII. OPEN PUBLIC HEARING FOR FIRST READING OF ORDINANCE - Mayor. A.1.a) Motion to read by title only and set June 17, 2014 as a final public hearing date for proposed Ordinance No. 1111, amending Article II, Local Business Tax, Chapter 50, Taxation, to increase the Business Tax rates and provide correction of language in Sections 50 -32 through 50 -59 - City Attorney (Exhibit 1). b) Vote on motion to read by title only and set final hearing date. Ph N )40 c) City Attorney to read proposed Ordinance No. 1111 by title only. B.2.a) Motion to approve the first reading of proposed Ordinance No. 1111. o b) Public comments and discussion) it) _ /"X`le; ,!94-j S r-J f' (put, Ali ?- c) Vote on motion. CLOSE PUBLIC HEARING. () _ n 6. t(/' I May 20, 2014 PAGE 3 OF 3 IX. NEW BUSINESS. A.1.a) Motion to read by title only and set June 17, 2014 as a final public hearing date for proposed Ordinance No. 1112, providing for an extension of a moratorium for the collection of Impact Fees from July 1, 2014 to June 30, 2015 - City Attorney (Exhibit 2). ; 2 i, b) Vote on motion to read, by title only and set final hearing date. % `rj , c ,t C' -rr e1C c) City Attorney to read proposed Ordinance No. 1112 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1112. 0 td,/ Q �uP ; / �j / j C C 2'71 C r )U C o�7 /k r 2 G(� < cuP / "�l r�/�/i� (! ' jrC '� I S U` / �iCl 1 l� ji�l,J( b) Discussion. � ' n '� � �``� `�� "` � '� � `�� ex t - , r eiif i sill I4 Pre - -S� S-- ia), ferr,`5 6w, JPt 2 (itci t �� , ck dt,. iS /- c / t 1 (if, / op n c e r ` .s ' f ne; j + c '`' : '� nom; c) Vote on motion. �,� k� �� L �' � , � a� -c,c� � � UE r � -�a l� �, �� r r, r-1 cr- iu. I r P r � E f rr Cry; r �� v%�. � ��t-'�7 s/ u G t l� y j� E � / °°��'' e`� 1 - �1, / C is � � /fit ' �, �GitS -r �Zr'Sc�P -s' l / — G!�✓.� iv��7�� ('c' (C� l� /�.� tn4 � �S' .�i�l P��.Sf �l B. Motion to ap�ro�fe' rt 'n pdfi ent Con ktor s Agreement with Lyncr Paving & Construction, Co., piggybacking with Okeechobee County, for the asphalt program - City Administrator (Exhibit 3). b Gti 140 i + 7,yl Cli rr t, e L C. Motion to adopt proposedrResollution No. 014 -02, cre ting a Centennial Celebration Ad Hoc Committee — City Attorne Exhibit 4). (.y t s c a, *- / i`S- .0 re ) 6� �� Ct'� '�j/p S r, ( R �t e, � 1 , S 7. Discuss Midyear FYE 2014 Financial Report - Finance Director X. 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. 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MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk PRESENT Council Member Devin Maxwell PRESENT Council Member Mike O'Connor PRESENT Council Member Dowling R. Watford, Jr. PRESENT Council Member Clayton Williams PRESENT City Administrator Brian Whitehall PRESENT City Attorney John R. Cook PRESENT City Clerk Lane Gamiotea PRESENT Deputy Clerk Melisa Jahner PRESENT Police Chief Denny Davis PRESENT Fire Chief Herb Smith PRESENT Public Works Director David Allen PRESENT IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim May 18 - 24, 2014 as "National Public Works Week." Mayor Kirk read the proclamation in its entirety and presented it to Director Allen, who then introduced each of the Public Works employees. "WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection, parks and canal maintenance; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme is, "Building for Today, Planning for Tomorrow", as we celebrate the hard work and dedication of the many public works professionals throughout the world. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim May 18 through 24, 2014, as "NATIONAL PUBLIC WORKS WEEK" in the City of Okeechobee and calls upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our Public Works; and to recognize the contributions which Public Works Officials make every day to our health, safety, comfort, and quality of life." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 6, 2014 Regular Meeting. At the request of Clerk Gamiotea, no action was taken on this item, it will be reconsidered at the next meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the April 2014 warrant register in the amounts: General Fund $585,827.91 Public Facilities Improvement Fund $ 25,180.09 Capital Improvement Projects Fund $ 2,424.00 Appropriations Grant Fund $ 2,812.50 Law Enforcement Special Fund $ 50.00 Council Member Williams moved; seconded by Council Member Watford. discussion: none VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Change New Business item D to G, and add new business items D, E, and F. VIII. OPEN PUBLIC HEARING FOR FIRST READING OF ORDINANCE - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:11 P.M. A. 1. a) Motion to read by title only and set June 17, 2014 as a final public hearing date for proposed Ordinance No. 1111, amending Article II, Local Business Tax, Chapter 50, Taxation, to increase the Business Tax rates and provide correction of language in Sections 50 -32 through 50 -59 - City Attorney (Exhibit 1). Council Member O'Connor moved; seconded by Council Member Williams. b) Vote on motion to read by title only and set final hearing date. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1111 by title only. Attorney Cook read proposed Ordinance No. 1111 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ARTICLE 11 LOCAL BUSINESS TAX, IN CHAPTER 50, TAXATION, OF THE CODE OF ORDINANCE FOR THE CITY OF OKEECHOBEE; PROVIDING FOR A 5 PERCENT INCREASE IN THE BUSINESS TAX RATE APPLICABLE TO ALL CATEGORIES OF LOCAL BUSINESS' AS SET FORTH IN SECTION 50 -59, LOCAL BUSINESS TAX SCHEDULE, IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 205.0535(4); PROVIDING FOR CORRECTION OF LANGUAGE WITHIN SECTIONS 50 -32 THROUGH 50 -59, BY REMOVING ALL REFERENCES RELATED TO THE TERM OCCUPATIONAL LICENSE, AND REPLACING WITH THE APPROPRIATE REFERENCE OF LOCAL BUSINESS TAX; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE" 2. a) Motion to approve the first reading of proposed Ordinance No. 1111. Council Member O'Connor moved; seconded by Council Member Watford. b) Public comments and discussion. Mayor asked, there were none. Council discussion: Watford, thought we adopted by resolution? No. c) Vote on motion. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P. M. O'CONNOR - YEA MOTION CARRIED. IX. NEW BUSINESS. A. 1. a) Motion to read by title only and set June 17, 2014 as a final public hearing date for proposed Ordinance No. 1112, providing for an extension of a moratorium for the collection of Impact Fees from July 1, 2014 to June 30, 2015 - City Attorney (Exhibit 2). Council Member O'Connor moved; seconded by Council Member Maxwell. b) Vote on motion to read by title only and set final hearing date. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1112 by title only. Attorney Cook read proposed Ordinance No. 1112 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING CODE BOOK CHAPTER 71 IMPACT FEES, SECTION 71 -13 PUBLIC WORKS IMPACT FEE SCHEDULE, SECTION 71 -23 LAW ENFORCEMENT FACILITIES IMPACT FEE SCHEDULE, AND SECTION 71 -33 FIRE IMPACT FEE SCHEDULE; PROVIDING FOR AN EXTENSION OFA MORATORIUM FOR THE COLLECTION OF IMPACT FEES FROM JULY 1, 2014 TO JUNE 30, 2015; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 1112. Williams /Watford. Council Member Williams moved; seconded by Council Member Watford. b) Discussion. Watford originally did it, controversial since need was there, do we feel like were back to a point now to reinstate, or still in somewhat depressed state? Whitehall, permits lowest since been here, rates increased, and seeing some more, although small. What index to we tie the rebound to? The general economic shows more of an improvement in the ecnomic. Talk about othe rindexes to give more of a definition, can work on it over the next 6 months, disc during the budget. Kirk - have information by the adoption hearing O'Connor empty businesses on park street, not seeing it better. Maxwell circumstances still exists, 6th year of recession, lack of permits mostly with the commercial businesses worse shape, commercial just hit in the last 2 years. Kirk - agree, we usually slow to go in but slow to come out, don't think it will benefit us to change it at this time. Watford data would be for when we want to come out of it - don't need by next meeting but early part of next year. c) Vote on motion. VOTE KIRK • YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. B. Motion to approve an Independent Contractor's Agreement with Lynch Paving & Construction, Co., piggybacking with Okeechobee County, for the asphalt program - City Administrator (Exhibit 3). Council Member Watford moved; seconded by Council Member O'Connor. Watford - total amount? Budget $250,000.00 we've never exceeded the budget, always ontarget. Assume we have inspected roads, worse shape. BW got the most recent list 8 months ago, quote on millings want to change, see table in exhibit. Add bid info in discussion. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. C. Motion to adopt proposed Resolution No. 2014 -02, creating a Centennial Celebration Ad Hoc Committee — City Attorney (Exhibit 4). LG -asked mayor to discuss prior to motion on the floor due to possible amendments, mayor ok w/ that. Page 1 1St whereas ¶ correct date of July 13, 2015 to July 13, 1915. 4th whereas ¶ all ok w/ terms of committee as proposed. Section 1, 1St ¶, all ok w/ celebration to be set as proposed. Section 1, ¶ A & B, all ok w/ added language to spell out a monthly presentation will be made by the CCAHC at a CC mtg. Page 2: Section 2, ¶ B.1.(b) list, mayor to LG to contact them & submit a name if they want. Do not advertise but have a more brief application for them to complete instead of the normal full one. Section 2, ¶ B. 2, all ok w/ advisory members as proposed Section 2, ¶ C, all ok w/ terms of committee as proposed. Page 3: Section 2, ¶ F.2, questioned whether a financial disclosure form would have to be completed? Yes, conflicts of interest will have to be documented, especially since they will be approving expenditures, fund - raising, etc. all ok as proposed. Section 3, no other department heads than listed: Admin & PW Director & Clerk. Page 4: Section 4, ¶ C. 1 & 2, all ok w/ as proposed. Section 4, ¶ D. Change by An to A and delete `enterprise' so to read A fund will be established .... Section 4, ¶ E. Change monthly to periodically for financial reports to be submitted by finance. Council Member Watford moved; seconded by Council Member O'Connor as amended during discussion. Attorney Cook read the title of proposed Resolution No. 2014 -02 as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, CREATING A CENTENNIAL CELEBRATION AD HOC COMMITTEE TO PROVIDE IDEAS AND RECOMMENDATIONS PERTAINING TO ALL MATTERS WITH RESPECT TO EVENTS AND ACTIVITIES RELATED TO THE CITY OF OKEECHOBEE CENTENNIAL CELEBRATIONS TO BE HELD THROUGHOUT 2015; PROVIDING FOR QUALIFICATIONS, APPOINTMENTS, AND TERMS FOR COMMITTEE MEMBERS; PROVIDING FOR RULES OF CONDUCT OF THE COMMITTEE; PROVIDING FOR EX- OFFICIO MEMBERS AND SUPPORT STAFF; PROVIDING FOR AUTHORIZED LIMITED BUDGET EXPENDITURES BY THE COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. ITEM ADDED TO AGENDA: D. Culpepper and Terpening Authorization #2. No money today. Testing the waters, do we qualify. Frank Watanabe, Grant Consultant. Open funding scource, based on experience last 7 years, taylor creek is impaired, higher rank, baffle boxes, nitraits, high concentration of zinc better water quality, $200,000 to $300,000, think pretty good you'll get an award letter, year from now move forward with construction. Maxwell, think our comprehensive plan geared towards cleaning up the run off on water quality. Savign money from existing construction costs? Gray area have to do polluntion reductions. Big baffle box is $100,000. The $220,000, only $80,000 has to be towards that, rest can be used in the development of the park. City contribution can used to the park construction. Council Member Watford moved to give approval to proceed with a Section 319 grant proposal for the first phase only; seconded by Council Member O'Connor. Williams - seems to me if DEP wanted it cleaned up they would do a better ratio and give more money to clean it up. Whitehall, playing that card to. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. ITEM ADDED TO AGENDA: E. Motion to reappoint Rennae Sweda and Louise Conrad as Regular Members to the Code Enforcement Board, terms being May 1, 2014 to April 30, 2017 - City Clerk Council Member O'Connor moved; seconded by Council Member Williams. Watford, thank them for continue to serve. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. ITEM ADDED TO AGENDA: F. Motion to reappoint Karyne Brass and Les McCreary as Regular Members to the Planning Board, Board of Adjustment and Design Review Board, terms being May 1, 2014 to April 30, 2017 - City Clerk Council Member Williams moved; seconded by Council Member Watford. Watford, thank them for continue to serve. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. G. Discuss Midyear FYE 2014 Financial Report - Finance Director India, power point: economic trend, Jan 2003 FL consumer confidence report, the 2008 dip, slight upward trend in confidence. Coastal and metro communities do feel the effects before a rural community does. Taxable sales index. Local Option Sales Tax that goes to the state. Revenues: Ad valoem revenues, its leveled, we've receipted 83% of the property taxes. Property appraiser office, leveling again, not an increase in property values. They are not declining though. We're where we want to be on ad valorem. Fund B State Board Accounts. 2008 to current, gains and /or losses, at a postive of almost $10,000.00. How much frozen, withdrawn, and where we put them. Revenues YTD, positive swing, looking pretty good. Franchis fee comparatives, FPL have rebounded, waste management as well. Decrease in usage is the biggest effect on these. Local option sales tax receipts, up swing, increased 11% YTD. Year end revenues comparisons. Year end revenue comparisons year end revenue comparisons communications surtax, lobby how this tax is applied. Prepaid phones will not be taxed on. Any tax that's not taxed now is a lessor tax on the cities. When the state decreases the tax, then it decreases our tax. Next few years will see changes in this area. Maxwell, franchise fee will that include the FPU? Those numbers do not. Those are just now coming in. Believe because of the age of glades gas, when FPU bought glades they charge differently and we've realized a $10,000 increase in fees. Permits and fees, are down. Monitor that and we know why, watching it. Fines and forfeitures are going down, same in the county - court fines are down. Watching this area, when I see decling revenues, we hope we see increases in other areas to make up the difference. We are in an upswing from 2008. Expenditures: on target with amount spent to date. Health insurance increase, expenditures paid out the first six months verses last six months. We're where we should be. Health insurance renewal is in June. Obama said ti will go down. Even if we spent the same well still be $133,173 under budget. Expenditures all funds Summarization: Ad valorem tracking as expected. Inter - governmental revenues up. Kirk thank you for a good report. Watford, and thank all dept heads and staff for watching the expenditures. No official action is required. X. ADJOURN MEETING • Mayor. Mayor Kirk adjourned the meeting at 7:29 p.m. WHEREAS, public works services provided in our community are an integral part of our everyday lives; and WHEREAS the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection, parks and canal maintenance; and WHEREAS the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS this year's theme is, "Building for Today, Planning for Tomorrow ", as we celebrate the hard work and dedication of the many public works professionals throughout the world. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim May 18 through 24, 2014, as "NATIONAL PUBLIC WORKS WEEK" in the City of Okeechobee and calls upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our Public Works; and to recognize the contributions which Public Works Officials make every day to our health, safety, comfort, and quality of life. In witness whereof have hereunto set my hand and_ra sed this seal to be,effixe�d. Jame E. Kirk, Mayor Attest: ! Lane Ga iotea, City Clef; Exhibit 1 May 20, 2014 ORDINANCE NO. 1111 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ARTICLE II LOCAL BUSINESS TAX, IN CHAPTER 50, TAXATION, OF THE CODE OF ORDINANCE FOR THE CITY OF OKEECHOBEE; PROVIDING FOR A 5 PERCENT INCREASE IN THE BUSINESS TAX RATE APPLICABLE TO ALL CATEGORIES OF LOCAL BUSINESS' AS SET FORTH IN SECTION 50 -59, LOCAL BUSINESS TAX SCHEDULE, IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 205.0535(4); PROVIDING FOR CORRECTION OF LANGUAGE WITHIN SECTIONS 50- 32 THROUGH 50 -59, BY REMOVING ALL REFERENCES RELATED TO THE TERM OCCUPATIONAL LICENSE, AND REPLACING WITH THE APPROPRIATE REFERENCE OF LOCAL BUSINESS TAX; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 50, Article II of the Code of Ordinances for the City of Okeechobee, Florida, provides for the imposition and regulation of Local Business Taxes, in accordance with Florida Statute Chapter 205; and WHEREAS, the City of Okeechobee completed a Business Tax Equity Study in 1995, and thereby permits the municipality to increase or decrease local business tax rates of up to 5 percent on alternating years, in accordance to Florida Statutes Chapter 205.0535(4); and WHEREAS, the City Council of the City of Okeechobee, has not increased the local business tax rates since the adoption of Ordinance No. 697 on July 27, 1995, and has determined it to be in the best interest of the City of Okeechobee to enact a 5 percent increase in the amount of the local business tax rate applicable to all categories of local business' as set forth in Section 50 -59 of the Code of Ordinances; and WHEREAS, by State Legislative action effective January 1, 2007, the term "Local Business Tax" was deemed to be more appropriate than "Occupational License Tax," and such action caused the City of Okeechobee to adopt Ordinance No. 977 on March 6, 2007, amending the same terminology within Chapter 50 of the Code of Ordinance. However, variations of the term occupational license were not entirely replaced throughout Sections 50 -32 through 50 -59 of the Code of Ordinances. In an effort to clarify conflicting terms, and to not cause confusion, all language pertaining to references of occupational license, or licensee, will be amended appropriately. NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: Section 50 -59 in Article II Local Business Tax, within Chapter 50 Taxation, of the Code of Ordinances of the City of Okeechobee, are hereby amended and adopted as follows: Section 50 -59. bieense Local Business Tax Schedule. The following enumeration of Iieense local business taxes shall be paid to the City by the persons engaging in occupations, professions, trades, business, and pursuits named. The licensc local business tax is to be an annual tax, except as otherwise stated. Language to be added is underlined Language to be deleted is to be ate,., ► tl,.,,,.yl, Ordinance No. 1111 - Page 1 of 11 100 AGRICULTURE AND FORESTRY 101 Lawn /yard /landscape $339.09 $ 31.50 200 CONSTRUCTION Contractors: Contractors $ 75.00 $ 78.75 Subcontractor -$ -50:99 $ 52.50 300 MANUFACTURING 301 Manufacturers $- ,75.00 $ 78.75 302 Cement bulk plants $-76798 $ 78.75 400 TRANSPORTATION, COMMUNICATION, AND UTILITY SERVICES 401 Radio /TV stations $ -65:99 $ 68.25 402 Septic tank service $ 50.00 $ 52.50 403 Transportation: rail, bus and truck $ 85.00 $ 89.25 Utilities: 404 Electric $-1-35.90 $141.75 405 Telephone $ 85.00 $ 89.25 406 Telegraph $ 85.00 $ 89.25 407 Refuse or trash removal company $100.09 $105.00 408 Cablevision $125.00 $131.25 500 RETAIL AND WHOLESALE SALES 501 Manufactured home sale $ 75.00 $ 78.75 502 Retail sales - not as primary business $ -5:99 $ 26.25 Retail sales - primary business: 503 1 -4,999 gross square feet $ 75.00 $ 78.75 504 5,000- 10,000 gross square feet $100.00 $105.00 505 10,001- 50,000 gross square feet $150.00 $157.50 506 Over 50,000 square feet $500.09 $525.00 507 Dealers, new and used (auto, boat, etc.) $ 75.00 $ 78.75 508 Gasoline dealers, liquid petroleum, etc. $ -60.09 $ 63.00 509 Gas plants (bulk) 180:96 $ 89.25 510 Bakeries $9.09 $ 52.50 511 Auction sales $459:09 $157.50 512 Florists $ -50.00 $ 52.50 513 Adult book/video entertainment $500.00 $525.00 600 EATING AND DRINKING PLACES 601 Bars /lounges /pubs $300.00 $315.00 Food Services: 602 1 -25 occupancy $ 30.00 $ 31.50 603 26 -149 occupancy $-- 75..00 $ 78.75 604 150 -249 occupancy $175.00 $183.75 605 More than 250 occupancy $185.00 $194.25 606 Fast food service $225.00 $236.25 607 Delicatessen /snack bar $ -50.00 $ 52.50 700 FINANCE, INSURANCE AND REAL ESTATE 701 Banks /savings and loans /credit union $125.00 $131.25 702 Finance companies $125.00 $131.25 703 Abstract/title company $ -50.00 $ 52.50 704 Business /management/consulting $ 50.00 $ 52.50 705 Accounting /tax service $7-56700 $ 52.50 706 Bail bondsman $ -50:00 $ 52.50 710 Insurance: 711 Each company writing $ -59:00 $ 52.50 720 Real estate $ 52.50 721 Real estate brokerage $ -59:00 $ 52.50 730 Mortgage broker: 731 Brokerage $ -30.00 $ 52.50 Language to be added is underlined Language to be deleted is to be struck- thro-vgk Ordinance No. 1111 - Page 2 of 11 740 Investment firms: 741 Brokerage $ -50:06 $ 52.50 800 SERVICES 801 Advertising $ 50.00 $ 52.50 802 Answering service $ 30 00 $ 31.50 803 Car wash /detail service $ 30.00 $ 31.50 804 Catering business $ 35.00 $ 36.75 805 Cleaning /maintenance /janitor services $ 30.00 $ 31.50 806 Collection agency $ 35.00 $ 36.75 807 Court reporting service $ 50.00 $ 52.50 808 Detective agency $ -50700 $ 52.50 809 Dry cleaners $ 50.00 $ 52.50 810 Employment agency $ -35.00 $ 36.75 811 Express /shipping company $ -35.00 $ 36.75 812 Funeral home $- -85.00 $ 89.25 813 Health spas /exercise $ 50.00 $ 52.50 814 Job printing $ 50.00 $ 52.50 815 Laundries /Laundromats $ -35.00 $ 36.75 816 Locksmith $ -35-00 $ 36.75 817 Pest control service $ -50709 $ 52.50 818 Photography studio $ -50:00 $ 52.50 819 Repair service - miscellaneous $ $ 36.75 820 Tanning beds /booths each $ -20:35.00 00 $ 21.00 821 Travel agency $ -50.00 $ 52.50 822 Upholstery shop $ -50.09 $ 52.50 823 Water treatment service $-00 $ 52.50 824 Wrecker service $-50700 $ 52.50 825 Vehicle repair service $- -50.00 $ 52.50 826 Machine shop $ 50.00 $ 52.50 900 RECREATION FACILITIES 901 Amusement Park $200.00 $210.00 902 Amusement Parlor $ 75.00 $ 78.75 903 Per machine additional $ 5.00 $ 5.25 904 Auto vending machine, each $ 5.00 $ 5.25 905 Bowling alley $ 85.00 $ 89.25 906 Golf course - 9 hole $ 75.00 $ 78.75 907 Second 9 holes $ 50.00 $ 52.50 908 Separate driving range . 00 $ 5.25 909 Shows /circus /carnival, daily $100.00 $105.00 910 Skating rink $1.00.06 $105.00 911 Theater- (15` screen) $400 766 $105.00 912 Each additional screen $ -30.00 $ 52.50 913 Pool tables (each) $- 20.00 $ 21.00 1000 RENTALS 1001 Automobile /truck/trailer $ -50:00 $ 52.50 1002 Apartment, multiple one -story dwelling, town house and condominiums $-50700 $ 52.50 Plus per unit charge $ 3.00 $ 3.15 1003 Equipment rental $ 50.00 $ 52.50 1004 Public lodging $-25799 $ 26.25 Plus per bed charge $-1.00 $ 1.05 1005 Commercial property per unit rented $ -25.00 $ 26.25 1006 Warehouses $ -30.00 $ 31.50 1007 Mobile home parks $ 25.00 $ 26.25 Per space (additional) $ 2.00 $ 2.10 1009 Clothes rental $ -35:00 $ 26.25 1010 Video rental $ 50.00 $ 52.50 Language to be added is underlined Language to be deleted is to be at,,,, ti tl,, uylr Ordinance No. 1111 - Page 3 of 11 2000 PROFESSIONAL 2001 Each person holding a professional license $ 50.00 $ 52.50 2002 Hospital /nursing home $ -55:66 $ 57.75 2003 Medical /dental facility $-5066 $ 52.50 2004 Barbershop /beauty shop $ -35:06 $ 36.75 2005 Each additional operator $ 13 00 $ 18.90 3000 NON - CLASSIFIED 3001 Auctioneers $--75:08 $ 78.75 3002 Child care centers .$-50:60 $ 52.50 3003 Dance hall $ -75.00 $ 78.75 3004 Fortuneteller /palmist $275.00 $288.75 3005 News companies $150.00 $157.50 3006 Pawnbrokers $200.00 $210.00 3007 Studios, dance /karate $ -50.06 $ 52.50 4000 Any other business not listed above $- -50.00 $ 52.50 SECTION 2: Sections 50 -32 through 50 -58 in Article 11 Local Business Tax within Chapter 50, Taxation of the Code of Ordinances of the City of Okeechobee, are hereby amended and adopted as follows: Section 50 -32. -License Local business tax imposed. (3) Any person who does not qualify under the provisions of subsections (1) or (2) of this section and who transacts any business or engages in any occupation or profession in interstate commerce where such license local business tax is not prohibited by Section 8 of Article 1 of the United States Constitution. Section 50 -33. Presumption of engaging in business; liabilityforlicense local business tax. In any prosecution under this article, any sign, advertisement, building occupancy of commercial property, directory listing or activity indicating that a business, calling, profession or occupation is being conducted at a location within the City, shall be prima facie evidence that the person is liable for a license local business tax and the burden shall be upon the defendant to rebut the same. Section 50 -34. -License Local business tax expiration; limited to one year; partial -year licenses local business taxes. All licenses local business taxes shall expire on September 30 of each year. No license local business tax shall be issued for more than one year, and for each license local business tax obtained between October 1 and October 21, the full tax for one year shall be paid except as provided in this article, and for each license local business tax obtained between November 1 and September 30. The tax to be paid shall be calculated by adding the number of months from the month in which the premises to be taxed opens for business through the month of September and multiplying that sum by one - twelfth (1/12) of the full tax for one year for such license local business tax, but in no event shall less than one - twelfth (1/12) tax be paid for any license local business tax. Section 50 -35. Time for sale of licenses local business taxes; when due and payable. All licenses local business taxes shall be sold by the Department of Finance beginning August 1 of each year and shall be due and payable on or before September 30 and shall expire on September 30 of the succeeding year. The license local business tax may be paid on the first business day following the last day of the month without penalty, provided that the last day of the month falls on a weekend or holiday. Section 50 -36. Issuance of license local business tax. (a) No person shall engage in any business, profession, occupation, trade, Language to be added is underlined Language to be deleted is to be ate w 9 Ordinance No. 1111 - Page 4 of 11 1 amusement or industry within the City without first having procured a licen3c local business tax from the City which license shall be issued to each person on receipt of the amount provided and after any such qualifications, licenses, permits, or requirements have been met in accordance with City and all other governmental entities including County, Federal and State with the issuance or denial being finalized by the City. The receipt of license local business tax shall expire at the end of the period for which the license local business tax is issued as specified in this article. All City franchise operations shall be required to maintain an local business tax even if the office is not located within the City limits. (b) New licensc local business tax application. An applicant for an-oeeapational license a local business tax shall submit a completed application and a non- refundable administrative or processing fee of $10.00. Upon acceptance of a completed application, the application shall have approval from the building official for approval of proper zoning and building regulations, the fire department for inspection and compliance with the fire codes, the police department for compliance with the applicable safety codes, the local sanitation company for verification of garbage solid waste disposal and the publictttilities utility authority for compliance of water /sewer regulations. Each of the departments and companies listed in this section must have approved the application prior to issuance of license the local business tax. (c) Whenever any business, occupation or profession shall fall into more than one of the classifications contained in the schedule set forth in this article, such occupation, business, or profession, shall be required to comply with the license local business tax requirement and to pay the license local business tax imposed under or pertaining to each classification or privilege. Further, a licensc local business tax shall be obtained in the manner prescribed in this section for each branch establishment or location of the business within the City engaged in, as if each such branch, establishment, or location were a separate business. (d) For the retail sales classification, the City shall determine the square footage of each establishment subject to this tax by measuring the interior gross floor dimensions of the establishment from wall to wall, and not excluding any interior partitions, restroom facilities, storage areas, counter space, display counters, or other interior structures. Any licensee business may contest and appeal the determination of square footage by requesting the City to review, and recalculate, if necessary, the determination. If such procedure and determination is not satisfactory, the licensee business may then request to be placed on the agenda with the City Council, who shall hear the complaint, and whose decision shall be final. Section 50 -37. Prerequisites to issuance of certain licenses local business taxes. Each person required to pay a license local business tax by this article shall report all information necessary for a proper determination of the amount, and type, of dal local business tax due. No occupaticnaFfieense local business tax shall be issued to any person otherwise required by ordinance of the City or laws of the state to have a certificate of competency, a permit, or to have passed an examination before engaging in business or profession, until proof of such compliance is furnished to the City. Further, each applicant shall provide proof of ownership of the business, either by articles of incorporation, or compliance with the fictitious name statute, or when operating under the proper name of the applicant. Section 50 -38. Authority of city regarding licenses local business taxes. The City shall have the authority to make such investigation and inspection of the place of business and records of the person required to pay the local business tax in order to verify any information received from the applicant, ascertain the type and size of business to determine type of license local business tax, equipment, inventory, employees, or such other data as needed to process the Language to be added is underlined Language to be deleted is to be s Ordinance No. 1111 - Page 5 of 11 t fieense local business tax. The City shall have the authority, as may be permitted by law, to enter, free of charge, during business hours, any place of business in connection with which a ficen3c local business tax is imposed under this article, and to request exhibition of the last license local business tax paid, and to produce such records and information as allowed in this article. If the applicant, after written request of the City, refuses to comply, or allow such investigation, the City, after due consideration of all information, concerning the business and activities of the applicant, may make an assessment of any taxes estimated to be due, and the amount so assessed, until otherwise verified by audit, shall be deemed to be the amount of fieense local business tax imposed. This shall not preclude the imposition of any other penalty as may be allowed by this article. Section 50 -39. Transfer of license business license tax. (a) No license local business tax shall be transferred from person to person or place to place, or the business name or classification changed except, upon the consent of the City in writing. (b) Any local business license tax may be transferred to a new owner, when there is a bona fide sale of the business, upon payment of a transfer fee of up to ten percent of the annual license local business tax, but not less than $3.00 nor more than $25.00, and presentation of the original fieense local business tax and evidence of the sale. (c) Upon written request and presentation of the original, ficcn3c the local business tax, any - license may be transferred from one location to another location in the City upon payment of a transfer fee of up to ten percent of the annual License local business tax, but not less than $3.00 nor more than $25.00. (d) In the event of the death of the fieensee business owner; the failure of the business; or such other unanticipated interruption in the carrying on of the business, the balance of period of time for which the Iicen3c local business tax would otherwise be valid may be transferred to a new owner as provided in this section, with the consent of the City and payment of the transfer fee, but in no event shall any such unused portion of the ficen3c local business tax be refunded by the City. Section 50-40. Fraudulent license local business tax void ab initio. Any license local business tax issued upon any false statement made under oath shall be considered as void ab initio and shall not protect the holder thereof from prosecution from transacting business without a license local business tax. Section 50-41. Revocation of license local business tax; right to appeal. The City reserves the right to revoke, or refuse to issue, reissue or transfer, any license local business tax sought under this article for cause. The term "cause" is defined as a violation of any provision of this article, municipal or county ordinance, or law of the state by the licencco business, his employees or agents; that the issuance, re- issuance, or transfer of such license local business tax is not in the interests of public health, safety, or welfare; or that it appears the business methods of work conducted or carried on by the licensee business is being conducted or carried on through unfair or fraudulent methods, to the detriment or damage to the public health, safety or welfare. Such revocation, refusal to issue, reissue, or transfer shall occur only after written notice of intent to revoke, or intent to refuse to reissue or transfer, is provided to the licence° business. The Licensee business shall have the right to appeal this intent to the City Council within ten days of receipt of such notice, by notifying the City Administrator in writing of this appeal. The City Council, within 15 days thereafter, shall include this appeal on the regular agenda for public hearing, to determine if such refusal to issue, reissue, transfer, or intent to revoke a license local business tax is in the public interest. The ficcn3ce business shall be given written notice of his hearing at least five days prior to such meeting, and of this right contest the action. The City Council, after hearing from all interested parties, by majority vote, shall either sustain the position of the City Language to be added is underlined Language to be deleted is to be a Ordinance No. 1111 - Page 6 of 11 Administrator, or order the Administrator to not revoke the fieense local business tax or to issue, reissue, or transfer such fieense local business tax. Section 50-42. License Local business tax to be displayed. The fieensee business owner shall keep fhiistieense the local business tax displayed conspicuously at the place of business in such manner as to be open to the view of the public and subject to the inspection of all duly authorized officers of the City. Section 50-43. Penalties for violation ofiieepse local business tax regulations. (a) Liccncc3 Local business taxes that are not renewed when due and payable are delinquent and subject to a delinquency penalty of 10 ten percent for the month of October, plus an additional five 5 percent penalty for each subsequent month of delinquency until paid. However, the total delinquency penalty may not exceed 25 percent of the local business tax for the delinquent establishment. (b) Any person who engages in or manages any business, occupation, or profession without first obtaining a local eeettpefierrraFlieeftse business tax, if required, is subject to a penalty of 25 percent of the licen3c local business tax due, plus a surcharge of $75.00 in addition to any other penalty provided by law or ordinance. Section 50-44. Exemptions; motor vehicles. Vehicles used by any person licensed under this article for the sale and delivery of tangible personal property at either wholesale or retail from his place of business on which a license local business tax is paid shall not be construed to be separate places of business, and no ticcnco local business tax may be levied on such vehicles or the operators thereof as salespersons or otherwise by a county or incorporated municipality, any other law to the contrary notwithstanding. Section 50-45. Farm, aquacultural, grove, horticultural, floricultural, tropical piscicultural, and tropical fish farm products; certain exemptions. (a) No local business tax shall be required of any natural person for the privilege of engaging in the selling of farm, aquacultural, grove, horticultural, floricultural, tropical piscicultural, or tropical fish farm products or products manufactured therefrom, except intoxicating liquors, wine, or beer, when such products were grown or produced by such natural person in the state. (b) A wholesale farmer's produce market shall have the right to pay a tax of not more than $200.00 for a license local business tax that will entitle the market's stall tenants to engage in the selling of agricultural and horticultural products therein, in lieu of such tenants being required to obtain individual local business taxes to so engage. Section 50-47. Exemption allowed certain disabled persons, the aged, and widows with minor dependents. (a) All disabled persons physically incapable of manual labor, widows with minor dependents, and persons 65 years of age or older, with not more than one employee or helper, and who use their own capital only, not in excess of $1,000.00, shall be allowed to engage in any business or occupation in counties in which they live without being required to pay for a fieense local business tax. The exemption provided by this section shall be allowed only upon the certificate of the county physician, or other reputable physician, that the applicant claiming the exemption is disabled, the nature and extend of the disability being specified therein, and in case the exemption is claimed by a widow with minor dependents, or a person over 65 years of age, proof of the right to the exemption shall be made. Any person entitled to the exemption provided by this section shall, upon application and furnishing of the necessary proof, be issued a license which shall have plainly stamped Language to be added is underlined Language to be deleted is to be strtrcirtfrrotrgfr Ordinance No. 1111 - Page 7 of 11 or written across the face thereof the fact that it is issued under this section, and the reason for the exemption shall be written thereon. (b) In no event under this section or any other law shall person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by law for the issuance of a license local business tax to sell intoxicating liquors or malt and vinous beverages. Section 50-48. Exemptions allowed disabled veterans of any war or their unremarried spouses. (a) Any bona fide, permanent resident elector of the state who served as an officer or enlisted person during any of the periods specified in FS 1.01(14) in the Armed Forces of the United States, National Guard, or United States Coast Guard or Coast Guard Reserve, or any temporary member thereof, who has actually been, or may hereafter be, reassigned by the air force, army, navy, coast guard, or marines to active duty during any war, declared or undeclared, armed conflicts, crises, etc., who was honorably discharged from the service of the United States, and who at the time of his application for a lieense local business tax as mentioned in this section shall be disabled from performing manual labor shall, upon sufficient identification, proof of being a permanent resident elector in the state, and production of an honorable discharge from the service of the United States: (1) Be granted a licence local business tax to engage in any business or occupation in the state which may be carried on mainly through the personal efforts of the licensee business as a means of livelihood and for which the state, county, or municipal license local business tax does not exceed the sum of $50.00 for each without payment of any Iieense local business tax otherwise provided for by law; or (2) Be entitled to an exemption to the extent of $50.00 on any license local business tax to engage in any business or occupation in the state which may be carried on mainly through the personal efforts of the licensee business as a means of livelihood when the State, County, or i itinieipal- lieense local business tax for such business or occupation shall be more than $50.00. The exemption heretofore referred to shall extend to and include the right of licensee business to operate an automobile- for -hire of not exceeding five- passenger capacity, including the driver, when it shall be made to appear that such automobile is bona fide owned or contracted to be purchased by the licensee business owner and is being operated by ftt them as a means of livelihood and that the proper licence local business tax for the operation of such motor vehicle for private use has been applied for and attached to such motor vehicle and the proper fees therefor paid by the licensee business. (b) When any such person shall apply for a license local business tax to conduct any business or occupation for which either the county or municipal-license local business tax as fixed by law shall exceed the sum of $50.00, the remainder of such license local business tax in excess of $50.00 shall be paid in cash. (c) Each and every tax collecting authority of this state and of each county thereof and each municipality therein shall issue to such persons as may be entitled under this section a license local business tax pursuant to the subsection (b) of this section and subject to the conditions thereof. Such license local business tax when issued shall be marked across the face thereof "Veterans Exempt License" - "Not Transferrable." Before issuing the license local business tax, proof shall be duly made in each case that the applicant is entitled under the conditions of this law to receive the exemption provided for in this section. The proof may be made by establishing to the satisfaction of such tax collecting authority by means of certificate of Language to be added is underlined Language to be deleted is to be ate,,, A tl,..uy Ordinance No. 1111 - Page 8 of 11 honorable discharge or certified copy thereof that the applicant is a veteran within the purview of this section and by exhibiting: (3) The certificate of the veteran's service officer of the county in which applicant lives, duly executed under the hand and seal of the chief officer and secretary thereof, attesting the fact that the applicant is disabled and entitled to receive a license local business tax within the meaning and intent of this section; All licenses local business taxes issued under this section shall be in the same general form as other State, County, or local business taxes and shall expire at the same time as such other licenses local business taxes are fixed by law to expire. (d) All licenses local business taxes obtained under the provisions of this section by the commission of fraud upon any issuing authority shall be deemed null and void. Any person who has fraudulently obtained any such license local business tax, or who has fraudulently received any transfer of a license local business tax issued to another, and has thereafter engaged in any business or occupation requiring a license local business tax under color thereof shall be subject to prosecution as for engaging in a business or occupation without having the required license local business tax under the laws of the state. Such license local business tax shall not be issued in any county other than the county wherein such veteran is a bona fide resident citizen elector, unless such veteran applying therefor shall produce to the tax collecting authority in such county a certificate of the tax collector of his home county to the effect that no exemption from license local business tax has been granted to such veteran in his home county under the authority of this section. (e) In no event, under this or any other law, shall any person, veteran or otherwise, be allowed an exemption whatsoever from the payment of any amount required by law for the issuance of a license local business tax to sell intoxicating liquors or malt and vinous beverages. Section 50-49. Religious tenets; exemption. Nothing in this article shall be construed to require a licensc local business tax for practicing the religious tenets of any church. Section 50 -50. Charitable organizations; occasional sales; fund - raising; exemption. No occupational Iicenac local business tax shall be required of any charitable, religious, fraternal, youth, civic, service, or other such organization when the organization makes occasional sales or engages in fund - raising projects when the projects are performed exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, fraternal, youth, civic, and service activities of the organization. Section 50 -51. Mobile home setup operations; local license business tax prohibited; exception. No county, municipality, or other unit of local government may require a duly licensed mobile home dealer or a duly licensed mobile home manufacturer, or an employee of such dealer or manufacturer, who performs setup operations as defined in FS 320.822 to be licensed to engage in such operations. However, such dealer or manufacturer shall be required to obtain a local occupational liccnsc business tax for his or her permanent business location or branch office, which license local business tax shall not require for its issuance any conditions other than those required by FS Ch. 320. Section 50 -52. Prohibition of local business tax without exhibition of state license or registration. (a) Any person applying or renewing a local occupational license business tax Language to be added is underlined Language to be deleted is to be l w 11 VYyn Ordinance No. 1111 - Page 9 of 11 to practice any profession regulated by the State Department of Business and Professional Regulation, or any board or commission thereof, must exhibit an active state certificate, registration, or license, or proof of copy of the same, before such local occupational license business tax may be issued. Thereafter, only persons applying for the first time for a local business tax must exhibit such certifications, registration, or license. (b) The State Department of Business and Professional Regulation shall, by August 1 of each year, supply to the City a current list of professions it regulates and information regarding those persons for whom local occupational liccnoco business tax should not be renewed due to the suspension, revocation, or inactivation of such person's state license, certificate, or registration. The City shall not renew such licence local business tax unless such person can exhibit an active state certificate, registration, or license. Section 50 -53. Pharmacies and pharmacists. The City shall not issue a local business tax to operate a pharmacy unless the applicant shall first exhibit a current permit issued by the State Board of Pharmacy; however, no such eeeupatietialAieense local business tax shall be required in order to practice the profession of pharmacy. Section 50 -54. Assisted living facilities. The City may not issue a local business tax for the operation of an assisted living facility pursuant to Part III of FS Ch. 400 without first ascertaining that the applicant has been licensed by the State Agency for Health Care Administration to operate such facility at the specified location. The State Agency for Health Care Administration shall furnish to local agencies responsible for issuing local business taxes sufficient instructions for making the above required determinations. Section 50 -55. Prerequisite for issuance of pest control local business tax. The City may not issue a local business tax to any pest control business coming under FS Ch. 482, unless a current license has been procured from the State Department of Agriculture and consumer Services for each of its business locations in the City. Upon presentation of the requisite licenses from the Department and the required tax, a local business tax shall be issued by the City. Section 50 -56. Health studios; consumer protection. The City shall not issue or renew an a local business tax to engage in business as a seller of travel pursuant to Part XI of FS Ch. 559 unless such business exhibits a current registration or letter of exemption from the State Department of Agriculture and Consumer Services. Section 50 -58. Telemarketing businesses; consumer protection. The City may not issue or renew a local business tax for the operation of a telemarketing business under FS 501.604 and 501.608, unless such business exhibits current license or registration from the State Department of agriculture and Consumer Services or a current affidavit of exemption. SECTION 3: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: Severability. If any provision or portion of this ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Language to be added is underlined Language to be deleted is to be Ordinance No. 1111 - Page 10 of 11 SECTION 5: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED at a Public Hearing for First Reading and set for Final Public Hearing on this 20"' day of May, 2014. James. E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing this 17`h day of June, 2014. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is to be at,u..l, ti.,,,,.yl, Ordinance No. 1111 - Page 11 of 11 DEPENDENT NEWSPAPERS OKEECHOBEE NEWS 107 S.W. NEWSPAPERS OKEECHOBEE NEWS 107 S. 17th Street, Suite D, Okeechobee, FL 34974 J J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a__ in the matter of in the "1.9th. Judicial. District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, .Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Toni Byrd Sworn to and subscribed before me this day of Notary Public, State of Florida at Large ANGIE BRIDGES s *; !a' ..: MY COMMISSION # EE 177653 %i` :iR EXPIRES: April 20, 2016 gip; ;; d." Bonded Tint Mary Public Underwriters AD (863) 763 -3134 NOTICE OF INCREASE IN LOCAL BUSINESS TAX PLEASE TAKE NOTICE that the City of Okeechobee, Florida, will hold a Public Hearing on Tuesday, May 20, 2014, at 6:00 p.m, or as soon thereaf- ter possible, at City Hat, 55 SE 3rd Ave., Okeechobee, FL, for first reading of proposed Ordinance No. 1111, and set a Final Public Hearing date of tax rates for local business' within City, which will proposes mnd City Code of Ordinances Chapter 50, Article I)),I,, Section 50-59. This increase is authorized ttaaox rates of up to 5 perent (5%) oncaltem alternating ears increase s ordinance pro - local business' s' as set forth in tax to all of Ordinanc- es, with a resulting effect of a 5 percent (5 %) increase in the amount of Lo- cal Business Tax currently paid by each affected business within the City of Okeechobee. The ordinance also amends Chapter 50, all Sections by removing all refer- ences to the language pertaining to the use of the word license. All members of the public are encouraged to attend and participate In said Hearing. The proposed ordinance may be inspected in its entirety at cityofo- keechobee.com, or at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM -4:30 PM, except for holidays. 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 accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate 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 465242 ON 5/4/2014 i Exhibit 2 May 20, 2014 ORDINANCE NO. 1112 AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING CODE BOOK CHAPTER 71 IMPACT FEES, SECTION 71 -13 PUBLIC WORKS IMPACT FEE SCHEDULE, SECTION 71 -23 LAW ENFORCEMENT FACILITIES IMPACT FEE SCHEDULE, AND SECTION 71 -33 FIRE IMPACT FEE SCHEDULE; PROVIDING FOR AN EXTENSION OF A MORATORIUM FOR THE COLLECTION OF IMPACT FEES FROM JULY 1, 2014 TO JUNE 30, 2015; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 985 adopted by the City Council on June 5, 2007, providing for impact fees, codified in Chapter 71 of the City of Okeechobee Code of Ordinances; and WHEREAS, the City Council has enacted a moratorium on the collection of impact fees as outlined in Code Book Sections 71 -13, 71 -23, and 71 -33, for a period of one year by Ordinance No. 1071, adopted May 17, 2011, from July 1, 2011 to June 30, 2012; for a period of a second year, by Ordinance No. 1086, adopted July 17, 2012, from July 1, 2012 to June 30, 2013; for a period of a third year by Ordinance 1097 adopted June 18, 2013, which extended the moratorium from July 1, 2013 through June 30, 2014; and WHEREAS, the City's Planning Board, acting as the Local Planning Agency, has reviewed the proposed amendment, at a duly advertised meeting held on May 15, 2014, and hereby recommends the extension of the moratorium suspending the collection of impact fees for an additional year, July 1, 2014 to June 30, 2015; and WHEREAS, the City Council agrees with the Planning Board's recommendation and finds enacting such moratorium to be in the best interest of the inhabitants of said City as hereinafter set forth. NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. Amendment and Adoption. Sections 71 -13 Public Works Impact Fee Schedule, 71 -23 Law Enforcement Facilities Impact Fee Schedule, and 71 -33 Fire Impact Fee Schedule, of Chapter 71 of the Code of Ordinances of the City of Okeechobee, are hereby amended and adopted to read as follows: The Impact Fee Collection Schedules imposed pursuant to Sections 71 -13, 71 -23, and 71 -33 herein were suspended from July 1, 2011 through June 30, 3012; from July 1, 2012 through June 30, 2013; from July 1, 2013 through June 30, 2014; and shall continue to be suspended for the period beginning July 1, 2014 and ending June 30, 2015. SECTION 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1112 - Page 1 of 2 SECTION 3. Severability. If any provision or portion of this ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 20`h day of May 2014. ATTEST: Lane Gamiotea, CMC, City Clerk James. E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 17th day of June 2014. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1112 - Page 2 of 2 • IV • TO: MEMORANDUM Mayor, Council, Administrator FROM: DATE: May 16, 2014 SUBJECT: Planning Board Secretary Burnette Planning Board recommendation on extending Impact Fee Moratorium for 1 year. The Planning Board met Thursday, May 15, 2014 and offered the following recommendation: Board Member Baughman made a motion to recommend the City Council extend the Impact Fee Moratorium for another year, July 1, 2014 to June 30, 2015; seconded by Board Member Ritter. Motion carried unanimously. The following was provided to the Board as additional information: As you are aware, the City Council along with the Board of County Commissioners and School Board adopted the collection of Impact Fees. The City's fees are outlined in Code Book Section 71 -13 for Public Works, 71 -23 for Law Enforcement and 71 -33 for Fire Facilities. Due to economic issues, the City Council has suspended the collection of City Impact Fee's since July 1, 2011, on an annual basis. The School Board suspended the collection of their impact fee's as well since October 11, 2011. The City Council will be considering extending the suspension another year at their May 2 0 t h meeting. As the Local Planning Agency, the Planning Board has been requested to review the matter and offer a recommendation, by motion, to the City Council, either to adopt or not adopt the extension of the moratorium to collect City Impact Fee's for an additional year, July 1, 2014 to June 30, 2015. Thank you. Exhibit 3 May 20, 2014 INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT made and entered into this day of 2014, by and between City of Okeechobee, a political subdivision of the State of Florida, hereinafter referred to as CITY and LYNCH PAVING & CONSTRUCTION CO., INC., a Florida corporation, hereinafter referred to as CONTRACTOR. WITNESSETH WHEREAS, the CITY is a political subdivision of the State of Florida, having a responsibility to provide certain services to benefit the citizens of the City of Okeechobee; and WHEREAS, CONTRACTOR is in the business of pavement maintenance in Okeechobee County and elsewhere in the State of Florida; and WHEREAS, CONTRACTOR was the successful bidder of the project identified as Okeechobee County Asphalt Resurfacing and New Road Construction — Bid# 2014- 01 issued on January 24, 2014 and has agreed to provide goods and services as more particularly hereinafter described and under the terms and conditions set forth in that Agreement as well as the "Bid Documents" defined below; and WHEREAS, CONTRACTOR has executed the Agreement to Piggyback A Contract For Services Bid By Another Governmental Entity attached as part of Exhibit A. NOW, THEREFORE, in consideration of the premises and in consideration of the mutual conditions, covenants, and obligations hereafter express, it is agreed as follows: 1. Recitals. The foregoing recitals are true and correct and constitute a material inducement to the parties to enter into this Agreement. Said recitals are hereby ratified and made a part of this Agreement. 2. Specific Provisions. The parties hereby agree to the following specific provisions: a. Description of Work. CONTRACTOR shall provide and be responsible for providing the services described in the Scope of Services, which is attached hereto as Exhibit "A" and incorporated herein by reference. Unless specifically excluded, CONTRACTOR shall provide all permits, labor, materials, equipment and supervision necessary for the completion of the work described herein. Any conflict between the terms and conditions in the body of this Agreement and terms and conditions set forth in exhibit "A" shall be resolved in favor of the Exhibit. b. Payment. In consideration of the performance of this Agreement, the CITY agrees to pay CONTRACTOR for all work actually performed, at the rate or basis described in Exhibit "A ", which is attached hereto and incorporated Pg 1 herein by reference. Progress payments, if any, will be made as set forth in said exhibit. The CITY reserves the right to ratably withhold amounts in the event of the nonperformance of all or part of CONTRACTOR's obligations. CONTRACTOR shall, without additional compensation, correct and revise any errors, omissions, or other deficiencies in his work product, services, or materials arising from the error or omission or negligent act of CONTRACTOR. c. Term. The Term of this Agreement shall be three (3) years beginning March 17, 2014 and ending March 16, 2017, and may be renewed for up to Two (2) additional One (1) year terms upon mutual consent of the parties. d. Termination. i. Termination at Will: This Agreement may be terminated by the CITY in whole or in part at any time without cause by the CITY in whole or in part at any time without cause by the CITY giving written notice to CONTRACTOR not less than 30 days prior to the date of termination; provided, that this provision shall not be construed to relieve either party from its rights or obligations of this Agreement through the date of the actual termination. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. ii. Termination for Cause: This Agreement may be terminated by either party for cause by the CITY or CONTRACTOR giving written notice to the other party not less than 10 days prior to the date of termination; provided, that this provision shall not be construed to relieve either party from its rights or obligations of this Agreement through the date of the actual termination. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 3. Project management. The Project Manager for CONTRACTOR shall be: Robert P. Gent, Vice President. The Project Manager for the CITY shall be: David Allen, Public Works Director. 4. Notices. All notices to the parties under this Agreement shall be in writing and sent certified mail to: Pg 2 CITY: City of Okeechobee Attention: Brian Whitehall, City Administrator 55 SE 3rd Avenue Okeechobee, FL 34974 CONTRACTOR: LYNCH PAVING & CONSTRUCTION CO., INC. Attention: Robert P. Gent, Vice President 503 NW 9th Street Okeechobee, FL 34972 5. Insurance. a. CONTRACTOR agrees to maintain such insurance as will fully protect both CONTRACTOR and the CITY from any and all claims under any Workers Compensation act or Employers Liability Laws, and from any and all other claims of whatsoever kind or nature to the damage or property, or for personal injury, including death, made by anyone whomsoever, that may arise from operations carried on under this Agreement, either by CONTRACTOR, any subcontractor, or by anyone directly or indirectly engaged or employed by either of them. b. In no event shall the insurance coverage required by the terms of this Agreement be Tess than the amounts described in the Bid Documents. Should either an insurance requirement or the amount of insurance not be stated in the Bid documents, the amount of insurance required by the terms of this Agreement shall in no event be Tess than: (a) Workers' Compensation (unless exempt) with the Employers' Liability with a limit of $100,000.00 each accident, $100,000.00 each employee, $500,000.00 policy limit for disease; (b) Commercial General Liability (CGL) insurance with a limit of not less than $300,000.00 each occurrence; if such CGL insurance contains a general aggregate limit, it shall apply separately to this project in the amount of $600,000.00; CGL insurance shall apply separately to this project in the amount of $600,000.00; CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x,c,u) exposures, personal injury and advertising injury; fire damage liability shall be included at $100,000.00. c. CONTRACTOR shall furnish the CITY with Certificates of Insurance, which are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City is to be specifically included as an additional insured or Toss payee on all policies except Workers' Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. The policy shall provide a 30 day notification clause in the event of cancellation or modification to the policy. All certificates of insurance must be on file with and approved by the CITY before commencement of any work activities. 6. General Provisions. The parties hereby agree to the following general provisions: a. Representations of the Contractor. CONTRACTOR represents that it has sufficient manpower and technical expertise to perform the services contemplated by this Agreement in a timely and professional manner consistent with the standards of the industry in which CONTRACTOR operates. b. Representations of the County. The CITY represents that it is duly organized and existing as a political subdivision of the State of Florida. Further, the CITY has the full power and authority to enter into the transactions contemplated by Pg 3 this Agreement and has the ownership and /or control over the property which is the subject of this Agreement or which shall be serviced thereby. c. Personal nature of Agreement. CONTRACTOR hereby warrants that it has the necessary technical expertise and training to perform its duties as outlined in this Agreement. The parties acknowledge that the CITY places great reliance and emphasis upon the knowledge, expertise and personal abilities of CONTRACTOR. Accordingly, this Agreement is personal and CONTRACTOR shall not assign or delegate any rights or duties hereunder without the specific written consent of the CITY. In the event CONTRACTOR requires the services of any subcontractor or professional associate in connection with the work to be performed under this Agreement, CONTRACTOR shall obtain the written approval of the Project Manager prior to engaging such subcontractor or professional associate. d. Independent contractor. It is specifically agreed that CONTRACTOR is deemed to be an independent contractor and not a servant, employee, joint adventurer or partner of the CITY. It is further agreed that no agent, employee, or servant of CONTRACTOR shall be deemed to be the agent, employee, or servant of the CITY. None of the benefits, if any, provided by the CITY to its employees, including but not limited to, compensation insurance and unemployment insurance, are available from the CITY to the employees, agents, or servants of CONTRACTOR. CONTRACTOR will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors during the performance of this Agreement. Although CONTRACTOR is an independent contractor, the work contemplated herein must meet the approval of the CITY and shall be subject to the CITY general right of inspection to secure the satisfactory completion thereof. CONTRACTOR agrees to comply with all Federal, State and municipal laws, rules and regulations that are now or may in the future become applicable to the CONTRACTOR, the CONTRACTOR's business, equipment, or personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. The CITY will not be held responsible for the collection of or the payment of taxes or contributions of any nature on behalf of CONTRACTOR. ii. CONTRACTOR shall bear all losses resulting to it on account of the amount or character of the work, or because of bad weather, or because of errors or omissions in its contract price. iii. CONTRACTOR agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control Act of 1986, of all persons it employs in the performance of this Agreement. e. Indemnification. i. CONTRACTOR shall indemnify and hold the CITY harmless against and from any and all claims, losses, penalties, interest, demands, judgments, costs, damages, or expenses, including attorney's fees and Pg 4 court costs, incurred by the CITY, or its agents, officers, or employees, arising directly or indirectly from CONTRACTOR's performance under this Agreement or by any person on CONTRACTOR's behalf, including but not limited to those claims, losses, penalties, interest, demands, judgments, costs, damages or expenses arising out of any accident, casualty, or other occurrence causing injury to any person or property. This shall include persons employed or utilized by CONTRACTOR (including CONTRACTOR's agents, employees, and subcontractors). CONTRACTOR shall further indemnify the CITY against any claim that any project purchased or licensed by the CITY from CONTRACTOR under this Agreement infringes a United States patent, trademark, or copyright. The parties agree that CONTRACTOR has received consideration for this indemnification, and any other indemnification of the by CONTRACTOR provided for within the BID Documents, the sufficiency of such consideration being acknowledged by CONTRACTOR, by CONTRACTOR's execution of this Agreement. CONTRACTOR's obligation shall not be limited by or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance, whether such insurance is in connection with this Agreement or otherwise. Such indemnification shall be in addition to any and all other legal remedies available to the CITY and shall not be considered to be the CITY exclusive remedy. The parties agree that $1.00 of the payment to the CONTRACTOR described herein shall be deemed to be separate and distinct consideration for this indemnification agreement. ii. That in the event that any claim in writing is asserted by a third party which may entitle the CITY to indemnification, the CITY shall give notice thereof to CONTRACTOR which notice shall be accompanied by a copy of statement of the claim. Following the notice, CONTRACTOR shall have the right, but not the obligation, to participate at its sole expense, in the defense, compromise or settlement of such claim with counsel of its choice. If CONTRACTOR shall fail timely to defend, contest or otherwise protect against any suit, action or other proceeding arising from such claim, or in the event the CITY decides to participate in the proceeding or defense, the CITY shall have the right to defend, contest, or otherwise protect itself against same and be reimbursed for expenses and reasonable attorney's fee and, upon not less than ten (10) days notice to CONTRACTOR, to make any reasonable compromise or settlement thereof. In connection with any claim as aforesaid, the parties hereto shall cooperate fully with each other and make available all pertinent information necessary or advisable for the defense, compromise or settlement of such claim. iii. That the indemnification provisions of this paragraph shall survive the termination of this Agreement. Pg 5 f. Bid documents. Any request for proposals (RFP), request for qualifications (RFQ), bid specifications, conditions, engineering plans, shop drawings, material lists, or other similar documents issued for this project by the CITY together with any addenda, are considered the "Bid Documents" and are hereby incorporated into this contract by reference. CONTRACTOR agrees to abide by all of the terms, conditions and requirements of the bid documents which are declared to be material part of this Agreement. g. Acceptance of work product, payment, and warranty. Upon receipt of a periodic work project, or notice that work has progressed to a point of payment in accordance with Exhibit "A" attached or the Bid documents, if any, together with an invoice sufficiently itemized to permit audit, the CITY will diligently review same. When it finds the work acceptable under this Agreement the installment payment, found to be due to CONTRACTOR, will be paid to CONTRACTOR within thirty (30) days after the date of receipt of the invoice, unless another payment schedule is provided in Exhibit "A ". CONTRACTOR warrants that the data utilized by CONTRACTOR (other than as provided by the CITY) is from a source, and collected using methodologies, which are generally recognized in CONTRACTOR's industry or profession to be a reliable basis and foundation for CONTRACTOR'S work product, CONTRACTOR shall notify the CITY in writing should it appear, in CONTRACTOR's professional judgment that the data or information provided by the CITY for use in CONTRACTOR's work product is incomplete, defective or unreliable. CONTRACTOR guarantees to amend, revise or correct to the satisfaction of the CITY any error appearing in the work as a result of CONTRACTOR's failure to comply with the warranties and representations contained herein. The CONTRACTOR guarantees to repair, replace or otherwise make good to the satisfaction of the CITY any defect in workmanship or material appearing in the work; and further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment, by the CITY shall relieve CONTRACTOR from its obligations to do and complete the work product in accordance with this Agreement. If the CITY deems it inexpedient to require the CONTRACTOR to correct deficient or defective work, an equitable deduction from the contract price shall be made therefore or in the alternative, the CITY may seek damages. h. Public Records. All documents, papers, letters, or other material made by or received by CONTRACTOR in connection with this Agreement shall be considered public records under Chapter 119, Florida Statutes. CONTRACTOR shall allow public access to all such documents, papers, letters, or other material, in accordance with the provisions of Chapter 119, Florida Statutes. Should CONTRACTOR assert any exemptions to the requirements of Chapter 119 and related statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon CONTRACTOR. Failure by CONTRACTOR to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the CITY. Pg 6 7. Miscellaneous Provisions. The parties hereby agree to the following miscellaneous provisions: a. Discrimination. CONTRACTOR shall assure that no person shall be excluded, on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under, this Agreement. CONTRACTOR shall take all measures necessary to effectuate these assurances. b. Severability. Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. c. Entire Agreement. This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. CONTRACTOR recognizes that any representations, statements or negotiations made by the City staff do not suffice to legally bind the CITY in a contractual relationship unless they have been reduced to writing, authorized, and signed by the authorized City representatives. d. Construction. Should any provision of this Agreement be subject to judicial interpretation, it is agreed that the court interpreting or considering such provision will not apply the presumption or rule of construction that the terms of this Agreement be more strictly construed against the party which itself or through its counsel or other agent prepared the same, as all parties hereto have participated in the preparation of the final form of this Agreement through review by their respective counsel, if any, and /or the negotiation of specific language, and therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. e. Attorney's Fees. In the event of any litigation to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs which are directly attributed to such litigation both at the trial and appellate level. f. Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement, either at the time the breach or failure occurs or at any time throughout the term of this Agreement. The review of, approval of, or payment for any of CONTRACTOR's work product, services, or materials shall not be construed to operate as a waiver of any of the CITY's rights under this Agreement, or of any cause of action the CITY may have arising out of the performance of this Agreement. g. Force Majeure. Notwithstanding any provisions of this Agreement to the contrary, the parties shall not be held liable if failure or delay in the performance of this Agreement arises from fires, floods, strikes, embargos, Pg 7 acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. This provision shall not apply if the "Scope of Work' of this Agreement specifies that performance by CONTRACTOR is specifically required during the occurrence of any of the events herein mentioned. h. Headings. All headings are for clarification only and are not to be used in any judicial construction of this Agreement or any paragraph. i. Binding Nature of Agreement. This Agreement shall be binding upon the successors and assigns of the parties hereto. j. Law; Venue. This Agreement is being executed in Okeechobee County, Florida and shall be governed in accordance with the laws of the State of Florida. Okeechobee County, Florida shall be the venue of any action thereon. 8. Special Provisions. a. Quantity of Work. Although a general level of work, quantity of materials required, number of road segments involved or the length of any particular segment may be anticipated or desired, no representation, commitment or guarantee, express or implied, is made by the CITY as to the minimum or maximum amount of work, number of tons of asphalt, number of lane miles, or length of road segments to be authorized during the term of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed and sealed this agreement on the day and date first written above. CITY OF OKEECHOBEE, a political subdivision of the State of Florida By: James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, Clerk LYNCH PAVING & CONST CO., INC. By: Robert P. Gent, as its authorized Agent and Vice President WITNESS ATTEST: Christopher Lynch, Corporate Secretary Pg 8 Exhibit A to this Agreement includes the following: 1. Agreement to Piggyback A Contract For Services Bid By Another Governmental Entity (1 page) 2. Publication affidavit from Okeechobee News of County request for bids 3. Bid proposal /results as submitted to Okeechobee County as part of County Bid No. 2014 -01 from Lynch Paving & Construction Co, Inc.(2 pgs) 4. Bid tabulation for the above mentioned Co Bid #2014 -02 (2 pgs) Note: the following Conditions were taken from the County Bid No. 2014 -01 exactly as they appear in the County Agreement and Bid documents except, for clarity purposes, the entity has been changed from Okeechobee County (County) to City of Okeechobee (City). 5. General Conditions applicable to this contract (6 pgs) 6. Specific Conditions applicable to this contract (4 pgs) 7. Specifications applicable to this contract (1 pg) 8. FDOT Asphalt mix design data for Okeechobee Asphalt and FDOT supporting approval for the plant/materials Supporting documentation that is required as part of this Agreement will include: 1. W -9 reflecting vendor information 2. Certificate of Insurance reflecting the City of Okeechobee as Certificate Holder and Additional Insured 3. Sample Application and Certification for Payment form 4. Business Tax Receipt (City business license) V. BID PROPOSAL Page 1 of 2 BID NO: 2014 -01 OKEECHOBEE COUNTY ASPHALT RESURFACING AND NEW ROAD CONSTRUCTION Tho undersigned bidder has carefblly examined the bid documents and the contract documents, the site of work and Is familiar with the nature and extent of the work, and any local conditions that may in any manner affect the work to bo done and the equipment, materials, labor and expertise required and accordingly submits the following bid: ITEM NO. 1: Produce, load, hard and place SP - 9.5 (Super Pave) Asphalt over existing asphalt, including tack coat, as leveling course or minimum 1" thick overlay (projects requiring more than 5 tons): Complete price $ 113.26 /Ton ITEM NO. 2: Produce, load, haul and place SP - 9,5 (Super Pave) Asphalt, minimum 1 -1/2" thick, over existing shell including prime coat (projects requiring more than 5 -tons of asphalt): Complete price $113.25 /Ton • • ITEM NO. 3: Produce, loud, haul and place SP - 9.5 (Super Pave) Asphalt for small projects (i.e. repairs, smaller projects) with each complete project requiring 5 -tons or less of asphalt: Complete price $ 241.00 /Ton ITEM NO. 4: Asphalt tic -in joint; removal and disposal 5' wide (minimum 1" depth) existing asphalt to match and tie into existing asphalt elevation Complete price $11.20 /LE ITEM NO. 5: Asphalt milling; removal and disposal of existing asphalt by milling (1" average depth per FOOT Index 32?) • Complete price $1,25 /SY Does tho bidder take any exceptions to the Bid Specifications? Yes No X If "Yes ", please detail those exceptions on this form. [Additional signed & daledsheets may housed), 14 EXHIBIT "A" V. Bid proposal Page 2 of 2 Acknowledgement ofAddcndums: (Mittel and dale) Addendum: Number 1: Initial Addendum: Number 2: Initial Addendum: Number 3: Initial Dale Date Date Contractor is able to start paving within 16 days after "Notice to Proceed / Purchase Order is received, Authorized Signature Lynch Paving & Construction Co., Inc. February 24, 20114 ad" Date Company Name P.O. Box 1994 / 603 NW 9Ih St. Okeechobee, Florida 34973 Address and phone numbers 15 AGREEMENT TO PIGGYBACK A CONTRACT FOR SERVICES BID BY ANOTHER GOVERNMENTAL ENTITY WHEREAS, LYNCH PAVING & CONSTRUCTION COMPANY, INC., 503 N W 9" St, Okeechobee, FL 34972. a Florida corporation, entered into an agreement dated March 31, 2014, a copy of which is attached hereto, with OKEECHOBEE COUNTY, 304 NW 2nd St # 102 Okeechobee, FL, 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 LYNCH PAVING & CONSTRUCTION COMPANY, INC. and OKEECHOBEE COUNTY for utilization of the same or similar services_(the "Work") and LYNCH PAVING & CONSTRUCTION COMPANY, INC consents to the aforesaid "piggybacking; ". NOW THEREFORE, having found it to be in the public interest, 1. LYNCH PAVING & CONSTRUCTION COMPANY, INC affirms and ratifies the terms and conditions of the above referenced Contract with OKEECHOBEE COUNTY and agrees to perform the services set forth herein for the City ofOkeechobee in accordance with the terms of said Contract until the Work is completed. 2. The City agrees to utilize the services of LYNCH PAVING & CONSTRUCTION COMPANY, INC in a manner and upon the terms and conditions as set forth in the Contract with OKEECHOBEE COUNTY until the Work is completed. Approved by the City of Okeechobee City Council this Day of May, 2014 CITY OF OKEECHOBEE LYNCH PAVING & CONSTRUCTION CO, LLC James A. Kirk, Mayor Robert P. Gent, Vice President ATTEST: STATE OF FLORIDA COUNTY OF Lane Gamiotea, CMC, City Clerk NOTARY PUBLIC, State of Florida The foregoing was executed before me this day of 2014, by Robert P. Gent, who personally swore or affirmed that he is authorized to execute this Agreement and thereby bind the Corporation. Seal /stamp: ._.„), aNDEPENDENT _ _ ®NEWSPAPERS OKEECHOBEE NEWS 107 S. W. 17th Speck Suite D, Okeechobee, FL 34974 J • STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersignediauthority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a.a/[��Cti 44.4 . r 4 in the matter of lUJ his,,p,r /hi ,g-t-tiL) in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of / /ax /P/ Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second lass mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertiseme or pub on in the said newspaper. Tom Byrd Sworn to and subscribed before me this /�ayof Notary Public, State of Florida at Large AD (663) 763-3134 2014 JRN 28 Frt12102 nsttuar nut ems. .... scum 0345.0 as IN. 21346 deelted as Asphalt 414114.41.4 new wee mmmmei, ,S1 x wpm b2 me ahl at Cm4 Comb. gam of MRed.e 3 Ca1RR rb W:xm, 222, tMMSy 704 3231 2N Soee1 anthaaee. T.ma YEAR Prat 3:m amp molt 6aq 4,Rba. q2 'ata Nbh4metbeeb, b1/ .4e4LRrat4 "4111.02. 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PO Box 14589 4510 Glades Cutoff Road Ft Pierce, FI. 34981 Phone: (772) 464 -6460 Fax: (772) 466 -9559 2/24/2014 2:31 PM I. 51,966 per ton — Bid Bond 2. $2,095 per ton 3. $1,878 per ton 4. $155 per lin.ft. 5 $9,755 sq yd Lynch Paving & Conctruction Co., Inc. PO Box 1994 503 NW 9n' Street Okeechobee, FI. 34973 Phone: (863) 763 -7373 Fax: None provided 2/24/2014 2:33 PM 1. $113.25 per ton — C. Check- $1000.00 2. $113.25 per ton 3. $241.00 per ton 4. 511.20 lin ft. 5. $1.25 sq. yd. Sunshine Land Design, Inc. 3291 SE Lionel Terrace Stuart, FI. 34997 1. $137.64 per ton - Bid Bond Phone: (772) 283 - 2648 2. $122.29 per ton Fax: None provided 2/24/2014 2 42 1'M 3. $140.36 per ton 4. $001in ft. 5. $454.50 sq. yd. Part of Exhibit A — Independent Contractor's Agreement with Lynch Paving & Construction Co., Inc GENERAL CONDITIONS (GC) NOTE: GC- 01 and GC -03 through GC -12 were applicable to the bidding procedure utilized by the County in pre -bid and post bid process and have been reviewed and approved by City of Okeechobee staff as part of the appropriate diligence. Each GC is listed here as a matter of record as to what the County's bid process was prior to accepting the Lynch Paving & Construction bid. GC -01. SEALED PROPOSALS: Will be received at the time and place designated in the Request For Bids published and then publicly opened and read aloud for furnishing all transportation, labor, materials, and equipment and perforating all operations required for the work specified herein and as shown on any drawings, plans, general specifications or technical specifications which are incorporated herein by reference and comprise a part of these bid documents. GC -02. DEFINITIONS AND TERMS: Where the following terms or their pronouns occur herein, the intent and meaning shall be as follows: OWNER/CITY. City of Okeechobee, a political subdivision of the state of Florida acting by and through the Okeechobee City Council. BID DOCUMENTS. This package of conditions, specifications, bid forms, sample contract as well as any plans, or drawings that may be incorporated herein and more particularly described in the Specific Conditions or Specifications described below. BIDDER. CONTRACT. CONTRACTOR OR GENERAL CONTRACTOR. MANUFACTURER OR SUPPLIER. Any person, firm, or corporation submitting a bid for the work covered by these specifications, or his duly authorized representative. The document to be executed by the City and the selected bidder that will encompass and incorporate, in all material respects, the scope of work, conditions, terms, specifications, plans, drawings, any addendums issued by the City and these bid documents. The person, firm or corporation with whom the owner has executed a contract for the work herein specified, or his duly authorized representative. Any person, firm or corporation, other than the contractor, supplying labor, material, or equipment for the work herein specified. City of Okeechobee Asphalt resurfacing Project Page 1 Part of Exhibit A — Independent Contractor's Agreement with Lynch Paving & Construction Co., Inc GC -03. PROPOSAL GUARANTY: A certified or cashier's check on a National or State Bank, or a bid bond executed by a fully authorized surety acceptable to the City, in the amount of S1,000 made payable to the Okeechobee County Board of County Commissioners, shall accompany each proposal as guarantee that the Bidder will, if award is made, promptly enter into agreement to do the work and furnish (f required) the proposed performance and payment bonds. The guaranty shall be forfeited to the County, as liquidated damages if, in the event this proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory contract bonds under the conditions and within the time specified in the bid documents; otherwise said certified or cashier's check or bid bond is to be returned to the undersigned upon bidder's request. GC -04. PROPOSAL FORMS: The bidder shall submit his proposal in duplicate on the forms, or an exact copy of the forms, furnished herewith. All blank spaces shall be filled in correctly for each item and for every item for which a bid is tendered. The bidder shall state the price, typewritten or written in ink, for which he proposes to do the work GC -05. DELIVERY OF PROPOSALS: All proposals, whether mailed or delivered in person, shall be submitted in sealed envelopes, bearing on the outside, the name of the bidder, his address, and clearly marked: "BID No. 2014- 01OKEECHOBEE COUNTY RESURFACING AND NEW ROAD ASPHALT CONSTRUCTION CONTRACT ". GC -06. SIGNATURE ON PROPOSAL: The bidder shall sign the proposal correctly. If the proposal is made by an individual, his name and address shall be shown. If made by a partnership, the name and address of each partner shall be shown. If made by a corporation, the person signing the proposal shall show the name and state under the laws of which the corporation was chartered, also the names and business addresses of the President, Secretary, and the Treasurer of the Corporation. The proposal shall be attested by the Corporation Secretary. Anyone signing the proposal shall file with the proposal legal evidence of their authority to do so. GC -07. FAMILIARITY WITH LAWS: The bidder is assumed to be familiar with all federal, state and local laws, ordinances, rules and regulations that in any manner affect the work Failure to familiarize themselves with applicable laws will in no way relieve them from responsibility. GC -08. EXAMINATION OF PLANS. SPECIFICATIONS AND SITE OF WORK: The bidder is urged, before submitting his proposal, to visit the site of the proposed work and familiarize themselves with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment, materials and labor required. Bidder is also required to examine carefully specifications and forms of agreement and performance and payment bonds (if required) to inform themselves thoroughly regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. GC -09. OUALIFICATIONS OF BIDDER: The contract will be awarded only to responsible contractors qualified to do the work specified herein. The bidder shall submit, prior to the award of City of Okeechobee Asphalt resurfacing Project Page 2 Part of Exhibit A — Independent Contractor's Agreement with Lynch Paving & Construction Co., Inc the contract, satisfactory evidence of experience in like work and that Bidder is filly prepared with the necessary organization, capital, equipment, machinery, knowledge and skills to complete the work to the satisfaction of the Owner and within the time limit stated herein, in the proposal or contract documents. GC -10. RIGHT TO REJECT PROPOSALS: The County reserves the right to reject any and all bids, with or without cause, and waive technical errors and informalities for any reason whatsoever and to accept the proposal(s), which in its sole judgment is in the best interest of the County. GC -11. AWARD OF CONTRACT: The award of the contract, if it is awarded, will be to the lowest bidder whose qualifications indicate the award will be to the best interests of the County and whose proposal shall comply with the requirements of these specifications. Time is of the essence for this project and the time limits set in the contract documents establish the maximum contract time. In no case will the award be made until all necessary investigations have been made into the responsibility of the low bidders and the County is satisfied that the bidder is qualified to do the work and have the necessary organization, capital, and equipment to carry out the provisions of the contract to the satisfaction of the County within the time specified. GC -12. RETURN OF PROPOSAL GUARANTY: As soon as bid prices have been compared, County may, at its discretion, return the guaranty deposit accompanying such proposals which, in its judgment, would not likely be considered in making the award. All other proposal guarantees will be held until the contract and bond are executed. End of Okeechobee County Bid - procedure - specific General Conditions GC -13. EXECUTION OF CONTRACT: Following the acceptance ofa bid by the County, City will prepare a formal contract to be executed by all parties, such contract will be materially the same as the form of agreement which is attached as supplemented by the bid response and exhibits which were delivered to the County or its representative by the bidder in the first instance. GC -14. BID MODIFICATIONS: Bid questions may be received in writing from bidders no later than 14 days prior to the bid opening date and time. GC -15. SUBSTITUTIONS: When a material is specified by the name of one or more manufacturers, such materials form the basis of the contract. If the contractor desires to use another material in lieu thereof, he shall request approval in writing 14 days prior to the due date of this Bid and shall provide data samples for the City's Public Works Director consideration. No substitution shall be made without authority in writing by the Public Works Director. GC -16. SCHEDULE OF VALUES: Upon execution of the Agreement and before commencing the work, contractor shall provide Engineer with a schedule of values of the various parts of the work, except where Unit Prices prevail in the Agreement, including the quantities in said portions and such incidental costs as are not measurable in quantities, and the aggregate extensions shall equal the total Part of Exhibit A — Independent Contractor's Agreement with Lynch Paving & Construction Co., Inc sum of the contract. This schedule, as approved by the Engineer, shall be used as a basis for certificates of progress payments as set forth in the agreement and hereinafter. GC -17. CLAIMS AND LIENS: Should the scope of service include construction activities which would be subject to Ch 713, Florida Statutes if the City were defined as an owner, before commencing work or delivery of materials to the site, the contractor shall file notice of commencement of the proposed work with the Clerk of Circuit Court in Okeechobee County and shall post a copy of the recorded notice on the site, in compliance with the lien laws of the State of Florida. Upon completion of the work, the contractor shall deliver to the owner a complete release of all liens and claims in the form approved by the owner. GC -18. COMMENCEMENT OF WORK: Upon acceptance of a bid by the City and execution of the agreement, the contractor shall commence work as provided in the Agreement. GC -19. ADDENDA: If revisions become necessary, the City will provide written addenda to all bidders who requested the Bid Specifications. All addenda's issued by the City will include a receipt form, which must be signed and included with any proposals that are submitted to the City. GC -20. SUBCONTRACTORS: A. The contractor shall not employ or use any subcontractor that the City's Public Works Director, or his designee, may, within a reasonable time, object to for any reason; this is at the City's sole discretion. B. "Reasonable Time" shall be defined as ten (10) days from the receipt of the list of proposed subcontractors. C. If required, the contractor shall furnish evidence satisfactory to the Engineer, showing that any or all subcontractors as proposed are competent to execute the various parts of the work covered by their subcontractors. GC -21. ERRORS OR OMISSIONS: A. If any errors or omissions appear in the drawing, specifications, or other documents, the contractor or the City Public Works Director shall, upon finding same, immediately notify the other party in writing of such errors or omissions. B. In the event errors or omissions are found while the work is in progress, the contractor or the City Public Works Director shall, upon finding same, notify the other party in writing immediately. Should any portion of the work be affected by errors or omissions found and not reported to the Public Works Director as required, the contractor will be held liable for the costs incurred in making necessary corrections. GC -22. CHANGES AND CLAIMS FOR EXTRAS: If any changes in the work due to changes in the plans, specifications, or instructions issued after the date of the contract, form the basis for claims City of Okeechobee Asphalt resurfacing Project Page 3 City of Okeechobee Asphalt resurfacing Project Page 4 Part of Exhibit A — Independent Contractor's Agreement with Lynch Paving & Construction Co., Inc involving extra cost by the contractor under this contract, the contractor shall give the Public Works Director written notice thereof before proceeding to execute the work, except where in emergencies and the procedure will then be as follows: A. The value of such extra work or change shall be determined as follows: (I) By estimate and acceptance in lump sum. (2) By unit price named in the contract or subsequently agreed upon. B. The contractor's itemized estimate sheets for all changes or credits for additions to or deductions from the work shown on the drawings and described in the specifications shall at all times be open to inspection by the Public Works Director. No claims for extras shall be valid unless so made and agreed upon prior to construction. GC -23. INSURANCE: General Liability — Contractor shall maintain commercial general liability (CGL) insurance with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project in the amount of $3,000,000. Products and completed operations aggregate shall be $3,000,000. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground exposures, personal injury and advertising injury. Damage to rented premises shall be included at $100,000. Worker's Compensation — Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employer's Liability with a limit of $1,000,000 each accident, $1,000,000 each employee, $1,000,000 policy limit for disease. Commercial Automobile Liability Insurance — Contractor shall maintain automobile liability insurance with a limit of not less than $1,000,000 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non -owned autos). The policy shall be endorsed to provide contractual liability coverage. Evidence of Insurance - The Contractor shall furnish the City with Certificates of Insurance. The Certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City is to be specifically included as an additional insured on all policies except Workers' Compensation. In the event the insurance coverage expires prior to the completion of the project (contract), a renewal certificate shall be issued 30 days prior to said expiration date. The policy shall provide a 30 day notification clause in the event of cancellation or modification to the policy. All certificates of insurance must be on file with and approved by the City before the commencement of any work activities. Part of Exhibit A — Independent Contractor's Agreement with Lynch Paving & Construction Co., Inc Cancellation Provisions - (1) Each policy of insurance covering the contractor's or subcontractor's operations under this bid or a contract entered into pursuant to this bid shall provide either in the body of the policy or by appropriate endorsement (rider) of the policy, that such policy cannot be altered or canceled in less than thirty (30) days after the mailing of written notice to the assured (insured) of such alteration or cancellation, or not less than ten (10) days after actual receipt by the City of written notice of such pending alteration or cancellation. Proof of Coverage - The contractor shall not commence work under this contract until he has furnished the owner, through the Public Works Director, with satisfactory proof of carriage of the insurance required. GC -24. WORK SITE: The site where the services described in the scope of services are to be performed shall be kept reasonably free of trash and debris during the contract period and the disposal of refuse shall be at the sole expense of the contractor. The contractor shall take all reasonable steps to minimize the risk of injury to the public and shall comply with Chapter 556 UNDERGROUND FACILITY DAMAGE PREVENTION AND SAFETY, and section 553.61 TRENCH SAFETY ACT, Florida Statutes where applicable. The contractor shall not utilize adjacent private property for storage or access without the express written consent of the property owner. GC -25. SUPERVISION: The contractor, if selected, agrees to do all the work and furnish all equipment called for by the bid documents, in the manner prescribed herein, in accordance with the contract documents and to the standards of quality and performance established by the Engineer. The Contractor is required to have at least one supervisor on the work site at all times, that understands and speaks English. END OF GENERAL CONDITIONS City of Okeechobee Asphalt resurfacing Project Page 5 City of Okeechobee Asphalt resurfacing Project Page 6 Part of Exhibit A — Independent Contractor's Agreement with Lynch Paving & Construction Co., Inc SPECIFIC CONDITIONS (SC) SC -01. Payment shall be made within the limits of Florida Statutes after submission of an itemized accurate invoice for the work performed in accordance with the bid documents. In no event shall the contractor be entitled to payment more frequently than monthly. SC -02. Necessary permits have been acquired by the City and will be fumished to the successful bidder as needed. SC -03. Contractor shall supply all equipment, labor, materials and specialized machinery for the performance of the work as shown in the specifications. SC -04. Contract is for a three -year period. It may be extended on a yearly basis, for an additional two, one year renewals, upon the mutual agreement of both parties. SC -05. Contractor must maintain the required liability insurance and Worker's Compensation throughout the duration of the contract. SC -06. Contractor shall hold and maintain all proper licensing throughout the duration of the contract. SC -07. Contractor shall submit and receive the City's approval on a list of all sub - contractors to be used, if any, prior to the commencement of an assignment (see GC -20). SC -08. Contractor shall be responsible for all work performed and actions resulting from this work. If any private, public or County facilities, structures, and/or individuals are damaged or injured resulting from the Contractor's work, the Contractor will be fully responsible for any and all damages. SC -09. Preparation of paved roads shall be by the Contractor immediately prior to the application of liquid asphalt and asphalt installation. SC -1O. Time available between road preparation and asphalt application is, by necessity, minimal and dependent on weather and site conditions, and that asphalt installation is expected when scheduled. SC -11. No mobilization fees will be allowed. SC -12. City makes no commitment, either written or implied, as to quantity of work which may be authorized, if any, during the period this bid is in effect. City of Okeechobee Asphalt resurfacing Project Page 7 Part of Exhibit A — Independent Contractor's Agreement with Lynch Paving & Construction Co., Inc SC -13. The apparent low bidder shall submit a list of equipment to be used throughout the Contract prior to execution of the Contract. This list shall have the year, make, model and company number of all equipment to be used. All equipment must have a company number visibly located on the outside of the machine. SC -14. The design mix formula and mix stability for the SP - 9.5 (Super Pave) Asphaltic Concrete Surface Course (ACSC) delivered under this contract shall be the most recent mix design for the Contractor's plant and shall consist of aggregate from an FDOT approved source. SC -15. Upon award of Contract, the Contractor shall submit to the City Public Works Director a copy of the design mix to be used throughout the term of the Contract for City approval. Changes in design mix shall be approved in this same manner prior to delivery to the work site. The City reserves the right to test all material delivered to the work site. This testing will be at the expense of the City. The City will not pay for asphalt not meeting the required design mix or FDOT specifications for prime coat, tack coat or SP - 9.5 (Super Pave) ACSC. SC -16. The plant and methods of operation for preparing the hot bituminous mixtures described in these specifications shall be governed by provisions of Section 320 of the FDOT Standard Specifications for Road and Bridge Construction. 2013 (or Latest) Edition. SC -17. Paving crews shall consist of an adequate number of employees required to properly install materials in such a manner to satisfy FDOT specifications for pavement and MOT. SC -18. Prime coat shall be applied over shell roads prior to paving and tack coat shall be applied to existing asphalt prior to paving. The rate of application of prime coat shall not be less than 0.15 gallons per square yard, and the rate of application of tack coat shall be between .04 and .08 gallon per square yard. Prime coat and tack coat shall be in conformance with Section 300 of the FDOT Standard Specifications for Road and Bridge Construction 2013 Edition (or Latest Edition) except that payment for prime and tack coat will be included in the per ton price for SP - 9.5 (Super Pave) Asphalt. SC -19. All work is to be generally performed between the hours of 7:00 a.m. and 4:00 p.m.; contractor may be required to work past 4:00 p.m. with authorization by the City to complete the current project. No work is to be performed on weekends or holidays without permission from the City Public Works Director. SC -20. The Contractor shall have a competent superintendent or operator, with authority to represent him, present at all times during the progress of the work. Those personnel assigned in such capacity shall remain with the project during any construction until its completion. SC -2I. It is the responsibility of the Contractor to notify all utilities companies involved to stake their underground utilities when applicable and to take all precautions necessary to prevent disturbance of same. Okeechobee Utility Authority is the largest Water /Wastewater supplier in City of Okeechobee Asphalt resurfacing Project Page 8 Part of Exhibit A — Independent Contractor's Agreement with Lynch Paving & Construction Co., Inc Okeechobee City and can be reached at (863) 763 -9460. SC -22. Measurement of the SP - 9.5 (Super Pave) ACSC will be the scale method on a tonnage basis as specified in the FDOT Standard Specifications for Road and Bridge Construction, 2013 (or Latest Edition). This pay tonnage basis of the mix shall include all materials in the mix, including bituminous materials and other additives. Such payment shall be full compensation for all, but not limited to: maintenance of traffic, paved road preparation, prime and tack coat, equipment, MOT, vehicles, tools, labor, fuel, oil, greases, insurances, taxes, fees, plant transportation, suspensions, delays and incidentals necessary to complete work set forth in this contract. SC -23. The Contractor is required to provide maintenance of traffic throughout the entire work site, and be in full compliance with all FDOT and Federal Highway Administration (Manual on Uniform Traffic Control Devices - latest edition) regulations with regard to work zone. SC -24. Upon execution of the Contract by both parties, the Contractor or his authorized representative shall attend a pre - construction meeting with appropriate County personnel for the purpose of road scheduling, coordination and Purchase Order preparation. The meeting will be held at a mutually agreed upon time by the Contractor and City Public Works Director. Subsequent meetings will be held throughout the duration of the project, as necessary, until substantial completion of the road list. Meeting attendance is mandatory and with no additional compensation for attendance. SC -25. The City Public Works Director or authorized representative shall issue a signed Purchase Order to the Contractor for paving assignment. Duplicate delivery tickets must be received by authorized City personnel and signed at each designated work site... as the asphalt is being laid. Copies of the signed tickets shall be included with the Purchase Order upon invoice. SC -26. The Contractor is expected to commence work assignments within ten calendar days of written order by the City. The Contractor should notify the City Public Works Director in writing of the commencement date. Written orders will be in the form of a Purchase Order or other written means, sent by the City to the Contractor. Liquidated damages in the amount of $500 per day may be assessed to the Contractor for each day after ten working calendar days a paving crew is not on site. Once initiated, work is to be continuous until completion of the work order or released by the City. SC -27. Purchase Orders, or other written means, will list estimate asphalt tonnage for paving and resurfacing projects. SC -28. Fuel and/or bituminous adjustments: If the bidder desires an adjustment, it is their responsibility to supply to the City any and all data, forms, reports and documentation (using FDOT forms) in accordance with FDOT requirements in order to receive an adjustment. Bidder's submittal must be acceptable, clear and complete. If and when, an adjustment is requested, the bidder will submit their documentation starting from the beginning of this bid/contract and include Part of Exhibit A — Independent Contractor's Agreement with Lynch Paving & Construction Co., Inc each month thereafter until contract terminates. Once the adjustment has been requested, each invoice thereafter must include proper fuel/bituminous documentation for processing. Fuel/bituminous adjustments will only be consider with a timely and properly submitted invoice. If an invoice is submitted with no adjustment documentation (the initial adjustment request), bidder must wait until next invoice period to submit the initial adjustment request. Bidder will not be permitted to request a fuel/bituminous adjustment (the initial request) after submission of an invoice. SC -29. Proposed asphalt overlay shall match existing asphalt elevation by saw cutting and removing the existing pavement to provide a clean butt joint. Milling the existing asphalt to provide the same results is acceptable. The asphalt key cut or joint shall have a minimum depth of 1" and be 5' wide with an average slope of 1.7 %. The asphalt key cut or joint will span the entire longitudinal length of the roadway from edge of pavement to edge of pavement or as directed by the County. The price per linear feet (LF) will include but not be limited to: all MOT required and approved by the City or Public Works Director, hauling and disposal, all labor, equipment and material necessary to remove existing asphalt. Cleaning and preparing surface for tack coat. SC -30. Milling operations shall be governed by Section 327 of the FDOT Standard Specifications for Road and Bridge Construction 2013 or latest edition. The price per square yard (SY) will include but not be limited to: all MOT required and approved by the County or Engineer, hauling and disposal, all labor, equipment and material necessary to remove existing asphalt. Cleaning and preparing surface for tack coat. END OF SPECIFIC CONDITIONS City of Okeechobee Asphalt resurfacing Project Page 9 City of Okeechobee Asphalt resurfacing Project Page 10 J1/-11C Vr rwrtw/1 ucr, r, N1C101 Ur 1rutivorurs 1 NIIVIV • ASPHALT MIX DESIGN JSMIT TO THE DIRECTOR, OFFICE OF MATERIALS, CENTRAL ASPHALT LABORATORY, 5007 NE 39TH AVE, GAINESVILLE, FL 326 Part of Exhibit A — Independent Contractor's Agreement with Lynch Paving & Construction Co., Inc SPECIFICATIONS (SP) mlractor Okeechobee Asphalt & Ready Mixed Concrete, Inc. Address 503 NW 9th Street, Okeechobee, FL 34672 SP -01. Bid shall be for, but not limited to, unpaved streets, paved streets, bike paths, sidewalks, parking lots and repairs, etc. SP -02. Maintenance of Traffic Plan (MOTP) acceptable to the City must be submitted and followed for each assignment. If a State highway is involved a FDOT/MOTP will be required. SP -03. All application methods, material and configurations shall be in accordance with the applicable section of A) FDOT Standard Specifications for Road and Bridge Construction, 2013 (or Latest) Edition Sections 300, 310, 320, 330, 331, 333, 901, 902, 916, 917 B) Manual on Uniform Traffic Control Devices (MUTCD), including Part VI (Latest Edition) Published by Federal Highway Administration SP -04. Bidder is not required to be an F.D.O.T. approved vendor, but the City reserves, at its sole discretion, the right to reject any bidder for any reason whatsoever. SP -05. Certification (satisfactory to the City) must be furnished to the City that materials meet or exceed FDOT specifications. SP -06. Small Projects /repairs: Bidder will supply asphalt to complete small projects and/or repairs as required by the City throughout the term of this contract. Small projects and/or repairs will be defined by quantities of 5 -tons or less of asphalt to complete entire project/repair. Item #3 on the V. Bid Proposal page provides for bid price for small projects. END OF SPECIFICATIONS City of Okeechobee Asphalt resurfacing Project Page 11 lone No. (863) 763 -7373 Fax No. (863) 763.7379 E -mail Fine . rbmllled By Cal -Tech Testing, Inc. Type Mix SP -9.5 Recycle :sign Traffic Level Product Description C Gyrations @ Notes 75 Product Code Producer Name jhaywood @lynchpaving.com Intended Use of Mix Structural Product Name Plant/Pit Number Termini Crushed R.A.P. 334 -CR Okeechobee Asphalt & Ready Mix 1 -13 A0778 10% S113 Slone C52 Agregados Del Caribe 518 Stone HN717 1 Screenings F23 Agregados Del Caribe Screenings Screenings HN717 87145 314- 10.0mm Screenings F20 Titan America, LLC Sand 334 -LS Rowand Construction Okeechobee 1r2` 12.5mm 98 100 100 100 100 PG Binder 916 -58 100 PG 58 -22 3e- u.smm 92 PERCENTAGE BY WEIGHT TOTAL AGGREGATE PASSING SIEVES Blend 25% 29% 18% 18% 10% JOB MIX FORMULA CONTROL POINTS PRIMARY CONTROL SIE\ Number 1 2 3 4 5 6 314- 10.0mm 100 100 100 100 100 100 1r2` 12.5mm 98 100 100 100 100 100 100 3e- u.smm 92 95 100 100 100 97 89 - 100 No. 4 4.75mm 69 40 93 100 100 74 - 89 No. a 2.36mm 58 8 69 87 100 55 32 - 67 47 No.16 1.18mm 46 2 47 59 99 41 No. 30 600pm 36 1 31 39 86 30 No.50 300pm 27 1 19 29 62 22 No. 100 150pm 14 1 10 9 21 9 No.200 75pm 5.7 1.0 6.0 3.0 1.0 4.5 2 - 10 0s. 2.488 2.612 2.626 2.465 2.626 2.557 ie mix properties of the Job Mix Formula have been conditionally verified, pending successful final verification during production at the assigned plant, 11 x design Is approved subject to F.D.O.T. specifications. JMF reflects aggregate changes expected during product'. Director, Office of Materials Effective Date SP 13.11972A (TL -C) Timothy J. Ruelke, P.E. - Or,pTneldewmeNio4TTonIp LWIe IJaln,als Utr 12/18/2013 Gvni,nilnn rlern 17 / 1n /loin „L N7 amA peaidS 0 0 0 a rn 0 Z g 3umuo0 Japuis I2101 u 0 -a >O cOi 0 0 0 o. m „,=. C D W 3 riic 3 aP y 3 0.10'0 N N O (0 N= N to D zf0 p1 ud m m m c° ae " �' � a m D:3 -osav a 2 ^. m m N b t f? E a 0o m m ' w w o - 0 0 ne m T1 o e °i. I it (0 TZ CD ci ei N 01 0 0 0 0 (0-11)YLL6LL-£L dS 133HS V1H0 NOIS30 XIW 1OH RICE SCOTT GOVERNOR Florida .Department .of Transportation MJMORANDIUM . Date: August 26, 2013 To: Jim Haywood, QC Manager From: Robert Lopes, District Bituminous Engineer By: Troy Whitfield, Jerry West, QC Plan Review Copies: File ANANTR PRASAn SECRETARY Subject: Producer Quality Control Plan Approval Producer's Name: Okeechobee Asphalt & Ready Mixed Concrete. Inc Plant Number: A0778 We have reviewed the QC Plan /Revised QC Plan to be utilized for the subject Asphalt Plant. We are approving the plan with the understanding that Okeechobee Asphalt & Ready Mixed Concrete. Inc A0778 will follow the Special Provisions, Supplemental Special Provisions, Standard Specificatio»s and Florida Testing Methods on all projects in which this plan is to be implemented. This Quality Control Plan will remain in effect for this plant until it is rejected in writing by the District Bituminous Engineer. Please post a copy of the attachment of the approved QC plan in your lab. If we can be of further assistance, please call Troy Whitfield at ( 863 ) 519 -4249 Or Jerry West at ( 863) 519 -4262. www.dot.statell.us ASPHALT PRODUCER QUALITY CONTROL PLAN Company Name: Mailing Address: City: State: Zip Code: County: Phone: Fax: Email: Id 8: Vendor Number: Terminal or Plant: Portable or Permanent: X/Y Coordinate: Contact Person: Email: For DOT Use: Date QCP Received: Evaluated by: Okeechobee Asphalt & Ready Mixed Concrete, Inc. P.O. Box 1994 Okeechobee Florida 34973-1994 Okeechobee (863) 763-7373 (863) 763-7379 Jpalmer @Ivnchpaving.com Plant 111 A0778 Plant Permanent 503 NW 9'h Street, Okeechobee, Florida 34974 (0709501.3/1060871.9) James Haywood JhaywoodP IvnchpavIne.com YES QCP Dated: Accepted: Y N Date QCP Reviewed: OAQCP -3.21 Qualifications: The following personnel will be utilized at this facility. Plant Level 1 Personnel: Plant Level 2 Personnel: Paving Level 1 Personnel: Paving Level'2 Personnel: Jacqueline Palmer Tin 11 P45643070 James Haywood Tin 111430045251 Jacqueline Palmer Tint! P45643070 James Haywood Tin 11 H30045251 Peter Gent Tin 11 G53067987 Peter Gent Tin 8 653067987 Mix Designer: Richard Godbold: Tin 11631474868 In the event the above name personnel are not available, CTQP qualified personnel will be utilized and the Engineer will he notified within 24 hours with the name and Tin 13. OAQCP -3.2.2 Level of Responsibility: The QC Manager will have overall responsibility for the Quality Control Plan. The Primary Contact for the Department will be: Name: James Haywood Tin 11 H30045251 Phone: (863) 763 -7373 Cell: (863) 228 -2904 APPROVED By Troy T. Whitfield at 8 :09 am, Aug 26, 2013 The Plant Level 2 Technicians named above will serve as direct point of contact and has the authority to adjust basic operations as necessary to maintain product quality If the QC Manager Is not on site. The Revised August 23, 2013 Page 1 QC Manager will make dally contact with the Plant Level 2 Technician for project updates and will be notified immediately when substantial changes are required. OAQCP -3.3 Raw Materials OAQCP•3.3.1 Source: The following Is a list of sources of material used In the manufacturing of Hot Mix Asphalt. Aggregate Suppliers: Titan America, Pennsuco Quarry / 87 -145 (Code 8 57, 20) Asphalt Binder Suppliers: Youngquist Brothers Rock/ 12 -599 (Code 31334 -MS) Marini Asphalt 5201 Causeway Boulevard Tampa, Florida 33619 (813) 623-3941 (PG 67.22 / Code 8 916.67) Marathon Ashland Petroleum 4611 S. US -41 Tampa, Florida 33619 (813) 248-2876 (PG 67 -22 / Code 31 916 -67) All products incorporated Into the finished mixture will come from pre - approved sources (including local sand) or be QPL Items. In the event an approved material or supplier of approved material not listed above Is to be Incorporated into asphalt mixture, the Engineer will be notified of said change no later than 24 hours after the change and appropriate documentation (certificate of compliance) will be made available. OAQCP -3,3.2 Certification: Certificated of delivered material (or copies) will be made available for inspection upon request. Results of process control tests on Incoming material will also be available for Inspection. Suppliers will be notified prior to start of project that all materials shipped must be approved for use on Department projects. OAQCP -3.3.3 Disposition of Falling Material: Delivery tickets for incoming raw materials, such as aggregate and asphalt binder will be checked prior to placing products into like existing stockpiles or tanks. Visually contaminated or segregated materials will either be rejected or isolated until appropriate testing can verify the quality of the material in question. The supplier will be notified Immediately If materials are rejected at the plant. OAQCP -3.4 Storage Facilities for Rpw Materials: Incoming aggregates will he stockpiled separately with either sufficient space or berms to prevent co- mingling of material and contamination. If the stockpile bases are not paved or hard surfaced, the loader operators will he Instructed to avoid contaminating the aggregate with the APPROVED By Troy T. Whitfield at 8:09 an, Aug 25, 2013 Revised August 23, 2013 Page 2 underlying material. Different grades of asphalt binders will be stored In separate tanks. Attached Is a site plan showing the location of the various materials, OAQCP -3.5 Production Equipment: The following examples describe some methods and frequencies for calibration to control production equipment. • Cold Feed: Set gates to desired opening for each material and measure output bf material at a given belt speed. This process Is repeated a minimum of three times in order to achieve an average output. The belt speed and gate settings, for each material, are stored in the plant's computer. These settings are checked weekly or as needed to control production. • Aggregate Moisture: A composite sample of blended aggregate will be taken for an oven - dried moisture content as needed to control operations. • Pyrometer: Plant personnel will check mix temperatures to verify pyrometer accuracy. • Weighbridge Calibration: This is performed as a weekly comparison with a certified truck scale and adjustments are made, if needed, using manufacturer's instructions. Weighbridge calibration is achieved by running material over the weighbridge into a tared truck. This material is then weighed on a truck scale and compared to the weighbridge reading. This procedure is continued until two consecutive tests are within manufacturer's tolerance. • Burner Efficiency: This is performed daily by visual observation. (I.e. clearness of stack emissions and color of dust being generated). OAQCP-3.6 Plant Requirements: APPROVED By Troy T. Whitfield of 8:09 am, Aug 26, 2013 OAQCP -3.6.1 Plant Identification: As noted at the top of this document. OAQCP -3.6.2 Process Control System: The minimum process control testing requirements to control plant production is listed in detail In Section 330 -2.2. • These requirements include methods and frequencies for: • Determining asphalt binder content, mix gradation and volumetric properties. • Checking mix temperatures. • Two PC tests will be performed when using a new mix design at start of production. • All test data will be evaluated for accuracy and initialed by QC manager. • And other tests as required in this section. Note: If the random sample chosen for the Quality Control Test is selected soon after the Process Control test is sampled, the process control test may be abandoned and the QC test may be used to fulfill the Process Control test requirements of 330 -2.2. Other tests may be run at anytime for informational purposes to evaluate the quality of the material produced. These may included, but are not limited to, AC Content and Moisture tests at the beginning of production, dry gradation tests, comparison of mine gradations and bulk specific gravities to the mix design aggregate gradations and specific gravities. Test results will be evaluated for trends. If necessary, appropriate changes in plant operations (within allowed parameters) will be made to ensure the asphalt mixture stays within the specification limits for the product being produced. Repeated results below 100 percent pay for individual or composite pay will Initiate the following: • 1. Rechecking and /or retesting sample to validate test result and /or calculations. (As deemed necessary, an additional sample may be taken and tested to compare results). • 2. Investigation to determine cause and potential solutions, Including discussions with plant operator and other staff. • 3. Implementing remedial action (if necessary) to correct the problem, Include notation on daily reports of any changes in production. Revised August 23, 2013 Page 3 • 4. Notification of the QC Manager if necessary. • 5. Notification of the Engineer If results exceed limits described in section 334 -7 or 334 -9. Verifying mix design breakdown during production: 2 PC tests will be run at the start of production to verify assumed aggregate breakdown. Actual breakdown (Actual BD) will be calculated based on the average of these two tests, Actual BD = (Avg P -200 of 2 PC results) — (Calculated blend assuming zero breakdown). This value will be compared with the assumed breakdown used on the mix design and recorded in comment box of the plant worksheet. A significant deviation will be addressed; actions taken will be recorded in the comment box of the asphalt plant. worksheet. During production QC, PC, IV data will be monitored to determine if further adjustment Is needed. OAQCP -3.6.3 Loading and Shipping Control: Silos and /or surge bin systems will also be utilized to minimize segregation during manufacture. Delivery trucks will be loaded in multiple drops to minimize segregation. Each load will be provided a truck ticket and drivers will be instructed as to the best route for delivery and any project specific instructions (when to tarp, parking on site, clean out location, etc.). Each load of asphalt will bear a printed delivery ticket that will Indicate the type of mix and net weight as well as other requirements noted in section 320 -2. Randomly chosen trucks will be viewed from the sampling stand and if segregation or contamination is suspected, the Plant Level 2 Technician will Investigate and report any findings and subsequent actions to the QC Manager. OAQCP -3.6.4 Types of Products Generated: This facility will produce the following mix types for the Department: • SP -9.5 • SP -12.5 Approved mixes for this facility can be found on the State Materials Office website. OAQCP -3.7 Other Requirements: OAQCP -3.7.1 Copy of Certification: Attached are examples of certifications Issued by the plant /contractor for the products approved by the Department (Example of Aggregate delivery ticket, Asphalt binder and Asphalt Mix delivery tickets). OAQCP -3.7.2 Statement of Compliance: The materials and processes used in the production will comply with all quality requirements set forth by the Department Including Contract Documents and other Department manuals. OAQCP -3.7,3 Information on Producer's Quality Control Plan: N/A OAQCP -3.7.4 Describing Documentation Procedure: Plant # 1 Lab will maintain copies (Including daily reports of asphalt production, testing worksheets and other documents listed in 3.7.1) for the Departments review. Copies of daily reports will be submitted to the Engineer upon completion of the LOT (verification /resolution completed), Control charts will he posted and updated as test data is made available. OAQCP -3.8 Final Manufactured Product— Plant Operations: A series of steps to investigate potential problems and to Isolate defective materials is described in section 3.6.2 Process Control. APPROVED By Troy T. Whldlold a18:09 am, Aug 26, 2013 Revised August 23, 2013 Page 4 OAQCP -3,8.1 Storage: Storage of mixture shall not exceed 72 hours for all mixtures with exception for FC -2 and FC -5 which will be stored no longer than 1 hour. Trucks will be Inspected to ensure they are properly equipped, cleaned and properly coated with release agents (if needed) to minimize sticking. Repeated offenses of specific truck /driver combinations arriving at load -out either dirty or Improperly equipped will result in the rejection of the truck for use on project. OAQ.CP -3.8.2 Disposition of Failing Materials: Mixtures not complying per sections 334 -9 Low Pay Factor Material, 330-6.3 Mix Temperature and 330 -6.5 Contractor's Responsibility of Mixture Requirements will be dealt with on a case -by -case basis. If mix {determined by the Plant Level 2 Technician) Is segregated, contaminated or out of temperature tolerance that mix will be rejected and the plant operator will be notified immediately. If the problem continues, the QC Manager will be notified. The Engineer will be notified of Low Pay Factor Materials and resulting disposition. If an engineering analysis is performed, a meeting with the Engineer will be held to discuss findings. OAQCP -3.10 Testing Laboratories: The following laboratory will be used to provide testing for FDOT projects. 1. Plant # 1 Lab Okeechobee Asphalt & Ready Mixed Concrete, Inc. Plant No. A0778 503 NW 9t" Street Okeechobee, Florida 34972 P^'863- 763 -7373 Labs used for Quality Control testing will meet the requirements of section 330-2.3.2 In the event the above listed lab Is not available for testing, a laboratory {approved through the Departments Laboratory Qualification Program) will he used and the Engineer will be notified within 24 hours. The laboratory's Accreditation Certificate, copy of SMO approval fetter and Laboratory Qualification System Manual (QMS) will be made available for inspection upon request. APPROVED By Troy t Whitfield al 8:09 am, Aug 26, 2013 Revised August 23, 2013 Page 5 • v Pi kg Hrrut.H1IUN HNU l.tt<11t-It.A1ION 1-U11 l AYMtN1 TO OWNER City of Okeechobee 55 SE 3rd Av Okeechobee, FL 34974 Asphalt Resurfacing Proj PAGE ONE OF PROJECT: PIGGYBACK - Street Asphal APPLICATION NO: OF Okeechobee County County - Bid No. 2014 -01 FROM CONTRACTOR: Lynch Paving & Const Co Inc Attn: Robert P. Gent, Vice President 503 NW 9th St PROJECT NOS: City PW 05- 03 -02 -14 Okeechobee, FL 34972 Asphalt Resurfacing Construction Project CONTRACT FOR: CONTRACT DATE 05/20/14 2014 et.al. Asphalt resurfacing project - Piggyback with Okeechobee County contract dated 3/31/14 PAGES Distribution to: [OWNER ARCHITECT PERIOD TO: Three years CONTRACTOR ENGINEER 3/17/14 - 3/16/17 CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract Continuation Sheet, IF APPLICABLE, is attached. 1. ORIGINAL CONTRACT SUM 2. Net change by Change Orders 3. CONTRACT SUM TO DATE (Line I f 21 4. TOTAL COMPLETED & STORED TO DATE (Column G on 0703) 5. RETAINAGE: a. 10 % of Completed Work $ ( C umnD +E on G703) b. N/A % of Stored Material S (Column F on 0703) Total Retainage (Lines 5a + 5b or Total in Column 1 of 0703) 6. TOTAL EARNED LESS RETAINAGE (Line 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Lint 6 from prior Certificate) 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 Icss Line 6) 5 CHANGE URDU( SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner Total approved this Month TOTALS NET CI IANGES by Change Order The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTOR: By: Date: State of: Subscribed and swom to before me this Notary Public: My Commission expires: County or day of OWNER'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on -site observations and the data comprising the application, the Owner certifies to the best of the his/her knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED $ (Attach explanation tfamaunt certified differs from the amount applied. Initial all figures on this Application and onthe Continuation Sheet that are changed to conform with the amount certified) OWNER: By: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment arc without prejudice to any rights of the Owner or Contractor under this Contract. APPLICATION AND CERTFlCATION FOR PAYMENT Note: Items in RED FONT are automatically calculated from the C703 form or from items within this C702 Form. Do NOT hand enter these items on this sheet. Okeechobee Asphalt & Ready Mixed 503 NW 9th Street Okeechobee, FL 34972 Accreditation 10: 1001270 This is to certify that this laboratory has been accredited for technical competence and found to meet the requirements for performing the fest methods listed below for the Inspection and testing of construction materials. AASHTO R18 Roinspection Due Date: 311412014 HMA: D2041T209, D2726T166, D5444T30, 06307T308, 06925T312, Specification D3666 Expitea- 611212014 VLLt!a4. Jr6Lirag& David A. Savage Director of Accreditation Christopher J. Robinson. P.E. Executive Director The current scope of accreditation can be obtained by viewing the CMEC Directory of Accredited Laboratories (www,cmea.org) OKEECHOBEE ASPHALT & REA (863)763 -7373 Address: 503 NW 9TH STREET OKEECHOBEE, FL 34972 Activity: 201 CONTRACTOR CITY OF OKEECHOBEE BUSINESS TAX RECEIPT 55 SE 3rd Avenue, Okeechobee, FL 34974 OCTOBER 1, 2013 - SEPTEMBER 30, 2014 Issued to: LYNCH PAVING & CONSTRUCTION CO OKEECHOBEE ASPHALT & READY MIX 503 NW 9TH STREET OKEECHOBEE, FL 34972 B No: 1506 Date: 7/15/13 Receipt 75.00 Penalty App/TR Fee Bldg Insp. fire Insp. Total Paid 75.00 V T oJu a- BUSINESS TAX RECEIPT OFFICIAL ,Im THIS DOCUMENT HAS A CO LORED DACKGROU ND .M I CROPRINTING ■ LINEIARK PATENTED PAVER h ,}, .P.'". �s+Y' S, 0.' p . °�sY e• a t v e o+.t, .t t;�l �m' �, s � S ‘144.491. A'r a /�aa+n�Z ': i. t'•dc DATE BATCH IIJI'3ER ^ t'1t N, f wpc.� «CV) 2o; cm L l q i a c c 0 a- 0 0 0.• R s. H � 0 .0 N 3 Z a c o O R 0 0 g� 9 5 E c 1 8 m •Z eyed uo suonon.osut *moods ees eat Jo loud 3 E 8 Certification • F. E 2� 7 c -o _ E E' t E I o a 11 i!i' l 2 ; _,- x,12 2 B g2 § ` W , s I E 1�3@ €"gf o 3 3 • u1 B_ 1383 .SET ;1g.'s B 'o$A:A 3_ -g' E LL h;; n?- REll RHQ' i• °e ; f f l leiDSDas U 2A � 55 Ig`,.: 1 8 1 l$ 9 ¢o8P a3 < E Al hi 07 ; SI i ` w96ea 2B gel i €E 5d 8 vi tit .gX 1 f 2 ;;...!..4 n$ 8 g a�m / .cq� � 3 u 14 "a g' d` <j — ` a ft, E..2oz Form W -9 (Rev. 8 -2013) -�- '� y\ C�YOfOK EE CHn\ B2E d`�n- 4/]fma/'7^/ ,4". STREET ,0`.1 �./z PROPOSED 2012 DESCRIPTION SEGMENT w MAP SHEET PRIORITY LENGTH WIDTH SOFT NOTES Southeast SE 3rd Ave, in front of City Hall 1 13 1.100 55 80.500 60.500 GE 6th 8t from 6th Ave tn441 -______ 2 16/17 1,700 20 34,000 34,000 �_ 25,600 8.775�� SE 8th St from 2nd Ave to end & cul-de-sac ` ` ' ' 3 21 1,280 20 25.600 80' radius ChamberofCommerce/Police Dept. Parking lot 4 135 65 0.775 Southwest 8VV 5th Ave, Park|VnSof Central BnmentrySchool 5 16 09.500 69.500 SW 3rd Ave, 15thS\1o21o1St 6 24/28 2.042 20 40.040 40.840 SW 3rd Ave, 2lst St to City Limits 7 28 705 20 14,100 14.100 SW 10Vh St from 5th Ave to 3rd Ave 8 20 718 20 14.360 14.360 SW 9th Street, lOth Ave west to City Limits 9 ' 750 20 15.000 15.000 SW 9th Sntnnvt, 5th Ave 0o 7th Ave 10 650 20 13.000 13.000 SW 11th St, 2nd Ave to 3rd Ave 11 300 20 6,000 New Pavement 6.000 SVV111h Ave from Park S\1o10O'Sof 6th Street 12 1,650 20 33.000 33.000 Northwest New piece NVV 3rd Ave, 11thStVo131hSt 19 4 720 20 14.400 New Pavement 14.400 NW 9th St, from 9th Ave west to City Limits 20 7 1.920 20 38,400 38.400 NVV12thAve. 13 11 410 20 0.200 indUuan1mi|.Newpavomnnt 8.200 .300h|k? NW 2nd Street, 441 to 3rd Ave 14 850 55 34.650 34.650 NW 9th Ave,6th Street to 9th Street 15 1,100 20 22.000 22.000 Northeast NE 6th Ave from NE 6th St south to SR 70 10 13 1.850 21 38.050 38.850 NE 6th St from 441 to 6th Ave 17 8/9 1.870 20 37,400 37.400 NE 5th Ave 7th Street to 6th Street (Diamond R) 18 9 350 20 7.000 7.000 TOTAL To�|GqFl 50G S75 28 ODO . . Total Sq Yd 56,331 3,178 Total Es Cost �?��mf ` • A • �- �f -,o' 7'xor�-'oz'' �� } ��r�� (Jr-T. `�� /[8u^f4g~�`\ ( _--_ `� � �^'>; �() - cno -� �t0(Co/tint.) r `,3<4f5 a 00 k 4-��_� 64- (�L8] 101),•0 • . Segment Street From - to Length Width Square Feet SE 3rd Ave, in front of City Hall 1 Southeast 3rd Avenue Park Street to Southeast 4th Street 1,100 55 60,500 SE 6th St from 6th Ave to 441 2 Southeast 6th Street Hwy 441 to Southeast 6th Avenue 1,700 20 34,000 SE 8th St from 2nd Ave to end & cul -de -sac 3 Southeast 8th Street 2nd Avenue to end of cul -de -sac 1,280 20 25,600 Chamber of Commerce /Police Dept. Parking lot 4 Chamber of Commerce /Police Dept. Parking lot 135 65 8,775 The Oaks Subdivision, SE 15th Ct SE 9th Ave to SE 9th Dr, SE 9th Dr SE 15th St to N end of road, SE 14th Ct SE 9th Dr to end of cul -de -sac, SE15th St SE 9th Dr to end of cul -de -sac 5 Southeast 15th Court Southeast 9th Avenue to Southeast 9th Drive 170 40 6,800 5 Southeast 9th Drive North end of road to Southeast 15th Street 520 20 10,400 5 Southeast 14th Court Southeast 9th Drive to end of cul -de -sac 570 20 11,400 5 Southeast 15th Street Southeast 9th Drive to end of cul -de -sac 370 20 7,400 SE 23rd ST Extend radius at East end of cul -de -sac 6 Southeast 23rd Street Extend Radius at East end of Cul -de -sac 500 SW 5th Ave, Park! to S of Central Elementry School 7 Southwest 5th Avenue South Park Street to South of Central Elementary School 2,500 Varies 69,500 SW 3rd Ave, 15th St to 21st St 8 Southwest 3rd Avenue Southwest 15th Street to Southwest 21st Street 2,042 20 40,840 SW 3rd Ave, 21st St to City Limits 9 Southwest 3rd Avenue 21st Street to City Limits 705 20 14,100 SW 10th St from 5th Ave to 3rd Ave 10 Southwest 10th Street Southwest 3rd Avenue to Southwest 5th Avenue 100 15 1,500 SW 7th Street, Parking Strip 11 Southwest 7th Avenue 15' X 100' strip on West side of street between South Park and SW 2nd St 718 20 14,360 SW 9th Street, 10th Ave west to City Limits 12 Southwest 9th Street Southwest 10th Avenue to City Limits 750 20 15,000 SW 9th Street, 5th Ave to 7th Ave 13 Southwest 9th Street Southwest 5th Avenue to Southwest 7th Avenue 650 20 13,000 SW 11th Ave from Park St to 100' S of 6th Street 14 Southwest 11th Avenue Park street to 100' South of Southwest 6th Street 1,650 20 33,000 New piece NW 3rd Ave, 11th St to 13th St 15 Northwest 3rd Avenue New Pavement, Northwest 11th Street to Northwest 12th Street 720 20 14,400 NW 9th St, from 9th Ave west to City Limits 16 Northwest 9th Street Northwest 9th Avenue West to City Limits 1,920 20 38,400 NW 12th Ave....300 blk? 17 Northwest 12th Street New Pavement, Northwest 3rd Street to Northwest 4th Street 410 20 8,200 NW 2nd Street, 441 to 3rd Ave 18 Northwest 2nd Street Hwy 441 to Northwest 3rd Avenue 630 55 34,650 NW 9th Ave,6th Street to 9th Street 19 Northwest 9th Avenue Northwest 6th Street to Northwest 9th Street 1,100 20 22,000 NE 6th Ave from NE 6th St south to SR 70 20 Northeast 6th Avenue Northeast 6th Street to Park Street 1,850 20 NE 6th St from 441 to 6th Ave 21 Northeast 6th Street Northeast Hwy 441 to Northeast 6th Avenue 1,870 20 37,400 NE 5th Ave 7th Street to 6th Street (Diamond R) 22 Northeast 5th Avenue Northeast 6th Street to North of Northeast 7th Street (Diamond R Entrance) 350 20 7,000 528,725 EXHIBIT 4 MAY 20, 2014 Exhibit 4 will be provided at the Council meeting RESOLUTION NO. 2014 -02 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, CREATING A CENTENNIAL CELEBRATION AD HOC COMMITTEE TO PROVIDE IDEAS AND RECOMMENDATIONS PERTAINING TO ALL MATTERS WITH RESPECT TO EVENTS AND ACTIVITIES RELATED TO THE CITY OF OKEECHOBEE CENTENNIAL CELEBRATIONS TO BE HELD THROUGHOUT 2015; PROVIDING FOR QUALIFICATIONS, APPOINTMENTS, AND TERMS FOR COMMITTEE MEMBERS; PROVIDING FOR RULES OF CONDUCT OF THE COMMITTEE; PROVIDING FOR EX- OFFICIO MEMBERS AND SUPPORT STAFF; PROVIDING FOR AUTHORIZED LIMITED BUDGET EXPENDITURES BY THE COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 4, 1915, by Chapter 7208, Special Acts 1915, of the Florida Legislature, Okeechobee City was incorporated. Governor Trammel appointed Mayor Peter Raulerson, City Council President C.L. Hatch, City Council President Pro - Tempore C.R. Darrow, Council Members W.L. Coats, S.J. Drawdy, and L.M. Raulerson, and City Clerk H.L. Chandler, as the slate of municipal officers. The first official City Council meeting was held on July 13, 20 and therefore, the City has been incorporated for 100 years; and WHEREAS, this being a Centennial Anniversary, the City Council for the City of Okeechobee finds that just as the first citizens held a giant celebration with a fish fry, community activities, games, and a musical program, it is in the best interest of its citizens to organize and plan various celebrations throughout the year of 2015; and WHEREAS, planning and fund - raising for a Centennial Celebration requires substantial time and resources, therefore, the City Council of the City of Okeechobee recommends establishing a Centennial Celebration Ad Hoc Committee (CCAHC) to provide ideas and recommendations pertaining to all matters regarding the City's Centennial events and activities to celebrate the City's heritage and to promote awareness of our history; and WHEREAS, the CCAHC will be comprised of seven (7) members who are appointed by the City Council, and who would report to and receive direction and input from the City Council, with terms of membership to begin immediately upon appointment, and sunset on December 31, 2015. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION ONE: CREATION, TITLE, AND FUNCTION OF COMMITTEE. The City of Okeechobee's Centennial Year of 2015, is an opportunity to showcase our heritage, promote awareness of our history, and create lasting legacies as we move into the future. This can be achieved by participating in established annual community -wide events and festivals, and by creating new events, and educational initiatives throughout the year that the founding of the City of Okeechobee. C. Solicit sponsorships and donations and conduct fund - raising to provide financial assistance for the Centennial events and activities. D. Hear citizens, community organizations, and /or other local groups input on Centennial activities and recommend appropriate action to the City Council. SECTION TWO: QUALIFICATIONS, APPOINTMENTS & TERMS; RULES OF CONDUCT OF COMMITTEE. The Code of Ordinances, Subsection B -Land Development Regulations, Chapter 70- Administration, Division 5- Citizens Boards, provides the regulations, in Sections 70 -121 through 70 -129, for any board comprised of citizens appointed by the City Council. However, for the specific purposes of the CCAHC, the following shall apply: A. The CCAHC shall be comprised of seven (7) regular voting members. B. Membership. 1. Regular Voting Members shall be appointed from among persons in a position to represent the public interest, and should be members that live or work within the City of Okeechobee. (a) Excluding Ex- Officio or support staff, members cannot be an employee of the City of Okeechobee, cannot be an elected official of the City of Okeechobee, Okeechobee County, or State of Florida. Members cannot cause a violation of the State of Florida's dual office holding laws, and anyone currently appointed to local governmental committees, boards or task force, should verify appointment to the CCAHC is allowed by State Law. (b) Should include representatives with various qualifications and include those with community, historical, and commercial interests, and when possible, from local organizations such as, but not limited to: 1- Chamber of Commerce 3 -The Rotary Club 5 -The Economic Council 7- School Board District 9 -First United Methodist Church 2015 Centennial Committee 2- Okeechobee Main Street 4 -The Kiwanis Club 6- Retired Educators Association 8- Historical Society 10 -First Baptist Church 2015 Centennial Committee 2. Advisory Non - Voting Members may be required by law or rule, requested by an entity, or suggested by the City Council, City Staff, or the CCAHC. Their purpose shall be to serve as an advisory member, participate in all discussions, offer opinions or advise, or otherwise represent and act, on behalf of the entity they are representing. Member(s) will not be subject to attendance requirements, unless stipulated upon their appointment by the City Council. (a) Any Advisory Member whose appointment is mandated by Federal law, State Legislation, local ordinance or rule, shall be appointed as stipulated by such law or rule, and implemented by interlocal agreement between the City and the other entity requesting the appointment. Such agreement shall set forth the term, duties, attendance, obligations, and whether appointment is by the City Council, or the entity requesting the of Order, and govern themselves civilly, keeping applicable laws of the City and State Statutes. 1. The CCAHC's purpose is to act for gathering facts and information, and making recommendations to the City Council, and is therefore subject to the Sunshine Laws. 2. CCAHC Members will be required to file a State of Florida, Financial Disclosure Form 1 upon being appointed, and Form 1 -Final upon resignation, or sunset of term. 3. Upon the initial meeting of the Committee, a Chairperson and Vice Chairperson will be elected among the members. The responsibilities of the Chair shall be to conduct the meetings in an efficient manner, regulate and facilitate discussion, present recommendations and /or reports to the City Council on behalf of the CCAHC, and ensure compliance of the Sunshine Laws. The Vice Chair serves in this same capacity during the absence of the Chair. G. The CCAHC meetings will be advertised by the Office of the City Clerk, as required by Florida Statute, so the public may attend and contribute. Meetings should be held on a regular schedule, to be determined by the members. Meetings that are not regularly scheduled shall not be held without at least three days notice to each member. H. At least four (4) members must be present in order to conduct business. 1. Should there be less than four members present, the Chair shall call the meeting to order, have the secretary call the role, and publically announce the adjournment of the proceeding, due to a lack of a quorum. 2. In the event that the Chair and Vice Chair are both absent, the Secretary shall call the meeting to order, role call, and present the floor open for a member to be appointed to serve as "Chairperson Pro - Tempore" for the duration of the meeting. The Committee shall keep minutes of its proceedings showing the vote of each member, or if absent, failing to vote indicating such fact. All matters, documents, posters and media, presented at the meetings shall become part of the minutes, and a public record, filed and retained by the Office of the City Clerk. SECTION THREE: EX- OFFICIO MEMBERS AND SUPPORT STAFF FOR COMMITTEE. A. The City Administrator or designee shall serve as non - voting ex- officio member of the CCAHC. B. The City Clerk or designee shall serve as secretary to the CCAHC. C. The Director of Public Works or designee shall serve as non - voting ex- officio member of the CCAHC. SECTION FOUR: FUND - RAISING AND SPONSORSHIP; AUTHORIZED LIMITED BUDGET EXPENDITURES. A. The CCAHC shall develop individual and corporate sponsorship packets as a means to nrnvirip financial accictanra, fnr the r..Pntannial r:PlPhratinn Pvantc and artivitiPc 2. Requests for expenditures, which total is less than $7,500.00, are to be submitted to the City Administrator for approval, and prior to the CCAHC taking final action to approve, award, commit to, or order any goods, equipment, or receive services. 3. Requests for expenditures, which total exceeds $7,500.00, are to be submitted to the City Administrator for approval by the City Council, and prior to the CCAHC taking final action to approve, award, commit to, or order any goods, equipment, or receive services. )9( E rise Fund will be established to process all transactions for the Centennial Celebration events, and activities. E. The Finance Department will maintain and process all financial records, receivables, and payables; and will submit Mthly Detail Reports to the CCAHC and City Council. SECTION FIVE: CONFLICT. 1 All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION SIX: SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application thereof shall for any reason be held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION SEVEN: EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 20th day of May, 2014. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974 -2932 Office of the City Administrator Brian Whitehall Ph 863- 763 -3372 Fax 763 -1686 email: bwhitehall (d,,cityofokeechobee.com * * * * * Memorandum * * * * * For May 20, 2014 TO: Mayor & City Council FR: Administrator Whitehall Clerk Gamiotea RE: Agenda Additions #1, #2, #3 0- Appearance by: Stefan K. Matthes, P.F., Sr VP Culpepper and Terpening, Inc. Ft. Pierce, FL 34981 Grant consultant — Frank Watanabe RE: Taylor Creek Park — grant application Consulting Engineer project Authorization #2 Sep 17, 2013 — site plan /etc, for grant app Motion to proceed with Section 319 grant application for the proposed Taylor Creek Park storm water improvements as presented. Motion to reappoint Mrs. Rennae Sweda and Mrs. Louise Conrad as gular Members to the Code Enforcement Board, terms being May 1, 2014 through April 30, 2017. Motion to reappoint Les McCrery, Karyne Brass and Alternate Toni Doyle to e Planning Board/ Board of Adjustments & Appeals /Design Board for terms beginning May 1, 2014 through April 30, 2017. Note: These Board Members terms sunset on April 30, 2014, additionally, there are two vacancies on the Code Board. No applications have been received to date. The current members are requesting to be reappointed. Just a reminder as you are in contact with City residents, encourage them to consider Board appointment, particularly the Code Board. They can print the application from the website, stop by to pick one up, or call my office to have it emailed, faxed, snail mailed, or pony expressed. Attachment 1 FY2015 SECTION 319 GRANT PROPOSAL APPLICATION Please see Attachment 3 for instructions on how to fill out this application. Follow instructions carefully in order to provide the correct information. The DEADLINE for accepting proposals for BOTH a hard copy and an electronic copy is: Close of business, Friday, May 23, 2014 Both the hard and electronic copies must be received by the deadline (a postmark of May 23rd is not sufficient). Proposals received after the deadline may not be evaluated. Please submit 1 hard copy and 1 electronic copy to: Mail the hard copy to: Holly Powless, FDEP, Nonpoint Source Management Section 2600 Blair Stone Road, MS 3570 Tallahassee, Florida, 32399 -2400 Ph. (850) 245 -7508 Email the electronic copy to: holly.powlesst7a dep.state.fl.us An acknowledgment of receipt will be sent to you. If you haven't received an acknowledgment within 3 business days of submission, please contact Holly Powless at the number above. • When emailing the application, please enter in the Subject Heading: "FY2015 - 319 Grant Application." • If more than one application is being submitted then send them in separate emails and include the title in the Subject Heading: "FY2015 - 319 Grant Application, Oak Lane Treatment Pond." • Large files can be emailed separately if needed. • If files are too large to send by email an FTP site is available: ftp: / /ftp.dep.state.fl.us /pub /incominq /Nonpoint. • Click on the link, then click on "Page" in the Tool Bar and scroll down to the bottom and click on "Open FTP Site in Windows Explorer" and save files there. If you use the FTP site, please notify Holly Powless by email. Attachments to the application, such as maps, letters, and other information, can be in word and /or pdf format. Do not use zip files or uncommon types of files for the attachments. Page 1 of 17 2015 319 Grant Application PART I — PROJECT INFORMATION PROJECT NAME: Taylor Creek Park Stormwater Improvements PROJECT TYPE (Check One): aUrban LAgricultural Education Only EOSTDS r Other (describe) PROJECT FUNDING REQUEST: $ MATCH: $ TOTAL PROJECT COST: $360,000 LEAD ORGANIZATION: City of Okeechobee CONTACT INFORMATION: Name: CITY OF OKEECHOBEE Street Address: 55 SE 3rd Street City, State, Zip: Okeechobee, FL 34974 Tel: (863) 763 -3342 Fax: (863 763 -1686 Email: bwhitehall @cityofokeechobee.com FEID NUMBER: 59- 6000393 END DATE OF FISCAL YEAR (MM/DD): September 30, 2014 FINANCIAL COOPERATING PARTNERS: City of Okeechobee and FDEP OTHER COOPERATING PARTNERS: PROJECT LOCATION AND WATERSHED CHARACTERISTICS: Geographic Location (city and county): City of Okeechobee Size of Project Impact: 15.4 acres of residential and 1.95 acres park Size of Area Being Treated: 17.4 acres Latitude (decimal degrees): 27.236888143 Longitude (decimal degrees): - 80.82456258 12 Digit Hydrologic Unit Code: 030901023205 WBID: 3205 Impaired Water Body Affected: Taylor Creek TMDL Status and Name: Impaired Taylor Creek TMDL Impairment; indicate the parameters in the TMDL: The project area is in the City of Okeechobee at the corner of SE 7th Street and SE 6th Avenue which is located in the Taylor Creek watershed (WBID 3205) just above Lake Okeechobee. This watershed (WBID 3205) is identified by FDEP as an impaired system. Page 2 of 17 2015 319 Grant Application Impairments To Be Addressed by Project: The project will help to address and reduce pollutants into the impaired Taylor Creek watershed system. The project located in the WBID 3205 which is currently impaired for nutrients chlorophyll-a, dissolved oxygen, iron and fecal coliform based on the Group 1 cycle 3 Lake Okeechobee Master list. Does this project fall within the boundaries of a developing or adopted BMAP or within a Nine Element Watershed Plan approved by EPA. Check one of the following: r Adopted BMAP aDeveloping BMAP EApproved Watershed Plan If any of the above are checked please complete the following: BMAP or Watershed Plan Name: This project contributes to pollutant reductions specified in the BMAP or Watershed Plan. r Yes £No This project is identified specifically in the BMAP /Plan or in the annual update of the BMAP /Plan. 1= Yes 1✓ No Cite the section of the BMAP or Watershed Plan if either or both are checked "yes ": The project area is the City of Okeechobee at the corner of SE 7th Street and SE 6th Avenue is located in the Taylor Creek watershed (WBID 3205) just above Lake Okeechobee. This watershed (WBID 3205) is identified by FDEP as an impaired system. Page 3 of 17 2015 319 Grant Application LAND USE and STATUS: Land Uses within the Area Being Treated: - = Empty cell /information to be inserted Land Use (Do not alter —All must be filled out; do not add categories; place a 0 for no acres) Acres Residential Low Density (1100) 12.4 71% Residential Medium Density (1200) - - Residential High Density (1300) - - Commercial and Services (1400) - - Industrial (1500) - - Extractive (1600) - - Institutional (1700) - - Recreational (1800) 1.95 11% Open Land (1900) - - Agriculture (2000) - - Upland Non - Forested (3000) - - Upland Forests (4000) - - Water (5000) - - Wetlands (6000) - - Barren Land (7000) - - Transportation, Communication, and Utilities (8000) 3.0 18% Land Use Totals (Acreage and %) - 100% Land Ownership Status: (check one) Land necessary for the construction of treatment infrastructure has been acquired. Title is held by: r Land necessary for the construction of treatment infrastructure is under a legal option to buy (please provide documentation of the option -to -buy and funding to execute the purchase). r Land necessary for the construction of treatment infrastructure is under an easement which allows for the construction and access. Page 4 of 17 2015 319 Grant Application PROJECT OVERVIEW: Please provide information for each of the 3 items below; item 4 is optional. Please give thorough descriptions, as the information provided in items 1 -3 (and optional 4) will provide the overview needed to evaluate the project. 1. Objective: Provide a description of how the Best Management Practices (BMPs) in this project will reduce nonpoint source pollution. Include how they will benefit the impaired watershed and /or BMAP or how they will protect the unimpaired watershed. This project is part of a Basin Management Action Plan (BMAP), which is a plan that aims to reduce nutrient loadings from stormwater runoff into Taylor Creek watershed system, in the City of Okeechobee, FL. In addition to reducing nutrient loads from existing residential runoff into the Taylor Creek watershed system, it will reduce the amount of nutrient loadings from the proposal new city community park. The proposed project area is mainly residential with a proposed new recreational community park. Runoff from surrounding yards and recreation fields will be treated on -site at the new park with a grassy swale system and then into a nutrient baffle box, allowing time for nutrients to be filtered out of the runoff water through percolation instead of directly flowing to impaired watersheds. See Figure 1 — Project Area Site Map See Figure 2 — Taylor Creek watershed system 2. Description: Provide a description of the project itself and how it will work. Include the steps in the process. Indicate if this project is a phase of a larger project. The City of Okeechobee has identified the need for additional stormwater improvements in the residential area between 7`h Avenue and 6th Avenue as part of the City's Stormwater Master Plan drainage improvements. In addition to the stormwater improvements, the City has also planned to construction a new community park at the southern end of the 7th Street in a vacant lot which the city purchased adjacent to Taylor Creek. The City currently has utility and storm water outfall pipe at this location. The existing stormwater system discharges non - treated drainage into the impaired Taylor Creek watershed system through two stormwater outfall pipes. The project will replace the one outfall pipe with a shallow grassy swale system along the proposed new Taylor Creek Park and then into a nutrient baffle box before discharging into Taylor Creek. In order to prevent untreated stormwater from entering into the Taylor Creek watershed, the residential area of 5.4 acres will now be treated for pollutant reductions with the grassy swale and nutrient baffle box at the new Taylor Creek Park. The swale and nutrient baffle box will collect and hold water from the surrounding residences, and city streets. The proposed system will allow for nutrient loading removal instead of discharging directly into impaired surface waters and wetlands, such as the Taylor Creek watershed and Lake Okeechobee. Minor piping and directing the stormwater to the system is another component of the project. The educational components to the project include: (1) a public announcement, through the local television channel, regarding the project and the effects of stormwater pollution; (2) informational brochures; and (3) a display at City Hall illustrating the BMP's of the project. Page 5 of 17 2015 319 Grant Application See Figure 3 — Taylor Creek Park Conceptual Plan 3. Effectiveness: Describe how the success of the project will be evaluated and timeframes associated with that demonstration of success (e.g, monitoring, surveys, etc.). The project will include the field monitoring, testing and educational components, which will include monitoring and field data collection of the stormwater area in order to determine the reduction of pollutants from the system. The city has trained staff for the field data collection of stormwater per past funded FDEP monitoring projects within the City. All testing will be completed by a licensed laboratory approved by the FDEP. The primary parameters of sample testing will be to collect: TP, TN, TSS and BOD. These will be monitored at all identified sample locations as nutrient loading from the watershed and removal efficiency of the system per the approved DEP monitoring plan and the Quality Assurance Project Plan (QAPP). The test samples will be collected per grab bag samples from the impaired water body at the existing outfall locations. Dissolved phosphorus will be compared with the composited nutrients collected. All sample collection will be performed by licensed DEP laboratory. All field sampling and collection will comply with the DEP requirements for sampling equipment, sample containers, equipment preparation, calibration of field instruments, field procedures for data collected with field instrumentation (including back -up procedures), field procedures for samples collected for laboratory analyses, procedures for field preservation checks, sample transport, procedures for cleaning contaminated tubing and plastic bottles, and waste disposal. The educational components will include the following: • Training workshops for City Council, community and city employees • Local TV public announcements regarding the Taylor Creek Park and Stormwater Improvement project and the effects of stormwater pollution reductions. • Posters at both installation site of the baffle box to provide information to the public • Informational brochures of the project and BMP at City Hall The monitoring will take one year of data collection and testing, quarterly progress reports, draft final report to the DEP of findings. 4. Additional Information: You may include other relevant information (e.g., the presence of protected species at the site). Page 6 of 17 2015 319 Grant Application PART II - ESTIMATED POLLUTANT LOAD REDUCTIONS This proposal is for a structural BMP project. P' Yes ENo If you answered yes then enter the name of the model below and enter the load reductions and event mean concentrations (EMCs) in the Pollutant Load Reduction table. If EMCs are not the primary parameter of the model, describe the source and type of the model information. Name of the model used for determining the load reductions: In the below estimated pollutant load reduction, the applicant used the following model: Spreadsheet Tool for Estimating Pollutant Loading (STEPL). EMCS USED IN MODEL: 1. Average of single - family and undeveloped loading rates 2. Mean of pasture, citrus, and row crop land uses 3. Runoff concentrations assumed equal to industrial values for these parameters 4. Value assumed to be equal to 50% of single - family concentration 1., Urban: pollutant concentration in runofffmgll), Landuse Commerci Industrial Institution Transports Multi -Fam Single -Far Urban -CuI Vacant (de Open Spar TN 2 2.5 1.8 3 2.2 2.2 1.9 1.5 1.5 TP 0.2 0.4 0.3 0.5 0.4 0.4 0.3 0.15 0.15 BOD 9.3 9 7.8 9.3 10 10 4 4 4 TSS 75 120 67 150 100 100 150 70 70 Pollutant loads from urban in Ib %year e Watershed Pre -BMP Load Load Reduction BOD N P BOD TSS N P BOD TSS W1 149.51 23.0255 578.64 6858.70 14.3826 2.83294 0 817.1945 After BMP Load N P BOD TSS 135.1278 20.192 578.6419 6041.513 This proposal is for a non - structural BMP project, such as educational outreach, demonstrations, or effectiveness evaluations. .Yes No If you answered yes but are unable to fill out the Pollutant Load Reduction table please describe below how the project will reduce pollutant Loads. Page 7of17 2015 319 Grant Application Pollutant Load Reductions Enter the loads, reductions and percentages and the event mean concentrations (EMCs) used to determine the pre- and post- loads. Unit for loads and reductions must be in lbs/year. - = Empty cell /information to be completed BMP #1 BMPs Installed TSS lbs /yr TP lbs /yr TN Ibs /yr Sediment lbs /yr BOD lbs /yr Other lbs /yr Other lbs /yr EMC* - - - - - - - Pre-Project 6858.71 23.0255 149.511 - 578.642 - - Post-Project 6041.51 20.1926 135.128 - 578.624 - - Load Reduction 817.195 2.83294 14.3826 - 0 - - % Reduction 11.9 12.3 9.6 - 0 - - BMP #2 BMPs Installed TSS lbs /yr TP lbs/yr TN lbs /yr Sediment lbs /yr BOD lbs/yr Other lbs /yr Other lbs /yr EMC* - - - - - - - Pre-Project - - - - - - - Post-Project - - - - - - - Load Reduction - - - - - - - % Reduction - - - - - - - BMP #3 BMPs Installed TSS lbs /yr TP Ibs /yr TN lbs /yr Sediment lbs /yr BOD lbs /yr Other Ibs /yr Other lbs /yr EMC* - - - - - - - Pre- Project - - - - - - - Post- Project - - - - - - - Load Reduction - - - - - - - % Reduction - - - - - - - TOTALS BMPs Installed TSS lbs /yr TP Ibs /yr TN lbs /yr Sediment lbs /yr BOD Ibs /yr Other Ibs /yr Other Ibs /yr Pre - Project - - - - - - - Post-Project - - - - - - - Load Reduction - - - - - - - % Reduction - - - - - - - *If the model used more than one EMC per parameter then enter them in Additional EMCs table along with the corresponding land use. Page 8 of 17 2015 319 Grant Application Additional EMCs Use this table if there is more than one EMC used per parameter. Add rows as needed. - = Empty cell /information to be completed BMP #1 Land Use TSS TP TN Sediment BOD Other Other BMP #2 Land Use TSS TP TN Sediment BOD Other Other BMP #3 Land Use TSS TP TN Sediment BOD Other Other Page 9 of 17 2015 319 Grant Application PART III — TASKS, DELIVERABLES, BUDGET, and TIMELINE The information in these fields will provide important project details. Please see Attachment 3 for examples of how to fill out these fields. TASK INFORMATION Task Number: 1 Task Name: Preliminary Engineering and Design Task Description (detailed description of the task being performed): Task 1 includes the preliminary engineering analysis, drainage analysis and preparation of the conceptual Taylor Creek Park plans. The preliminary engineering assessment will also include topographic surveying of the drainage area and the proposed park, data collection and field review of the site to assess any potential impacts or fatal flaws. The City anticipated to present the project application to the City Council in late June 2014 for an update and request for approval of the city's local match for the construction phase of the project. The city has already approved the engineering consultant service for the design project which includes: • Topographic surveying • Data collection and field review assessments • Drainage and storm water analysis • Identify the BMP measures to improve stormwater quality • Prepared conceptual plans of the Taylor Creek Park • Preliminary engineering cost estimates Deliverable: Preliminary Engineering Assessment, conceptual plans and cost estimates Budget Table — Task 1 - = Empty c Category Grant Funding Match Funding Match Source Salaries $ $ - Fringe Benefits $ $ - Travel $ $ - Contractual $ $10,000 General fund Equipment Purchases $ $ - Supplies /Other Expenses $ $ - Indirect/Overhead $ $ - TOTAL FOR TASK $0 $10,000 - Page 10 of 17 2015 319 Grant Application Task Number: 2 Task Name: Engineering Design and Permitting Task Description (detailed description of the task being performed): Task 2 will include the preparation of the engineering design plans for 60 %, 90% and 100% and permitting review through the South Florida Water Management District for construction of the installation of the nutrient separating baffle box for the surrounding area's drainage and the proposed Taylor Creek Park Improvements. It is anticipated that the permitting for this project may not be required due to the size of the project area. If required, the General Stormwater Permit application will be completed by July 2014. The final design plans and specifications will include: • Taylor Creek Park Improvement Plans • Nutrient Separating Baffle Box (BMP) Plans • Drainage construction details • Erosion control plans /Stormwater Pollution Prevention Plan • Technical specifications on the drainage, baffle box and park improvements • Draft and final bid documents • Draft and final project cost estimates Other design elements will include: Advertisement, bidding /award of contract, BMP construction and construction of the Taylor Creek Park Improvements Deliverable: Permitting and final design plans complete. Budget Table — Task 2 - = Empty ce Category Grant Funding Match Funding Match Source Salaries $ $ - Fringe Benefits $ $ - Travel $ $ - Contractual $ $61,500 General fund Equipment Purchases $ $ - Supplies/Other Expenses $ $ - Indirect/Overhead $ $ - TOTAL FOR TASK $ $61,500 - Page 11 of 17 2015 319 Grant Application Task Number: 3 Task Name: Project Construction Task Description (detailed description of the task being performed): Task 3 will include the city advertisement and bidding of the project by June 2015. The project is anticipate to be design completed in late 2014, so the project construction depending any permits may be ready for advertisement in early 2015. It is estimated that the award of the project federal funds will occur during the summer of 2015. Construction will begin in the fall of 2015. Tentative schedule is the following: • Plans will be sent to the Environmental Protection Agency (EPA) for determination on of final approval September 2014. • EPA funding award announcement to arrive during the early 2015. • City to advertise, bid and award contact in early 2015. • Begin project construction during the fall of 2015. • End construction by the end of the year 2015. Deliverable: Project advertisement, award for construction, begin construction, and end construction. See Attachment 5 in appendices for Preliminary Construction Cost Estimates. Budget Table — Task 3 - = Empty ce Category Grant Funding Match Funding Match Source Salaries $ $5,000 20% General Fringe Benefits $ $ - Travel $ $ - Contractual $220,208 $62,552 20% General Equipment Purchases $ $ - Supplies/Other Expenses $ $ - Indirect/Overhead $ $ - TOTAL FOR TASK $220,260 $67,552 - Page 12 of 17 2015 319 Grant Application Task Number: 4 Task Name: Monitoring, Education and Reporting Task Description (detailed description of the task being performed): Environmental monitoring of the project will be conducted by the City with trained staff for the purpose of determining the reduction of pollutants within the stormwater system. Before commencement of the monitoring, the City will complete and submit, to the EPA, a Quality Assurance Project Plan (QAPP). The QAPP will include a required monitoring plan which will specify the sampling locations, sampling instruments, and parameters to be sampled. The testing parameters will include, but are not limited to: TN (lbs /yr), TP (lbs /yr), TSS (lbs /yr), cadmium (Cd), chromium (Cr), copper (Cu), zinc (Zn), nitrite/ nitrate (NO2/NO3), Total Kjeldahl Nitrogen (TKN), ammonia (NH3), Orthophosphate, oil /grease, Fecal coliform, rainfall and flow. Monitored events shall include 7 — 10 discrete rain events, generally greater than 0.20 inches and less than 1.5 inches. Monitoring is to be performed at inflow and outflow locations of the retention pond in accordance with the approved QAPP. Sampling locations shall be recorded and verified using a GPS device. Project - specific details must be added during QAPP development. The educational components will include the following: • Training workshops for City Council, community and city employees • Local TV public announcement regarding the Taylor Creek Park and Stormwater Improvement project and the effects of stormwater pollution reductions. • Posters at both installation site of the baffle box to provide information to the public • Informational brochures of the project and BMP at City Hall City will provide quarterly status reports, attend any DEP review meetings, submit monitoring plan and test sampling documents and prepare the draft and final report as required for the grant application. Deliverable: Draft QAPP; Approved QAPP; Monitoring and Education Material. Quarterly status reports, draft and final report Budget Table — Task 4 - = Empty ce Category Grant Funding Match Funding Match Source Salaries $ $8,000 General fund Fringe Benefits $ $ - Travel $ $ - Contractual $ $ - Equipment Purchases $ $ - Supplies/Other Expenses $ $ - Indirect/Overhead $ $ - TOTAL FOR TASK $ $8,000 - Page 13 of 17 2015 319 Grant Application TOTAL PROJECT BUDGET TABLE Please total all of the categories in each task above and provide the totals in the table below. Totals for All Tasks 319 Funding g Match Funding Match Source Salaries Total $ $13,000 - Fringe Benefits Total $ $ - Travel Total $ $ - Contractual Total $220,208 $134,052 - Equipment Purchases Total $ $ - Supplies/Other Expenses Total $ $ - Indirect Total /Overhead $ $ - Total: $220,208 $147,052 $367,260 Percentage of Total Cost: 60% 40% - Total Project Cost (sum of Match and 319 Funding): TIMELINE: Projects should be completed before September 30, 2019. ovs p /(). 6-Tk;At 3),\x 7)-?4, \k\ v` = F cell /information to be i .mpty Task No. .,.,...... Task Title (should match identically above) Start Complete #1 Preliminary Engineering and Design April 2014 August 2014 #2 Engineering Design and Permitting January 2015 May 2016 #3 Project Construction June 2016 June 2017 #4 Monitoring and Education July 2017 August 2018 /0,X & t, 5c-(' ao(c) L2-755 a: Page 14 of 17 2015 319 Grant Application PART IV — ADDITIONAL REQUIRED INFORMATION • If this is a multi -year project, have you requested sufficient funds to complete the project (assuming funds requested herein are provided)? Yes tNo If no, explain: • Does the project utilize innovative technologies/BMPS? For example, stormwater projects that include an extensive treatment train such as a combination of retention ponds, exfiltration trenches, nutrient separating baffle boxes, swales, etc., will be considered more innovative than projects that install a single BMP. E Yes !'No If yes, explain: • What are the estimated residence times of any ponds, swales, etc. - = Empty cell /information to be inserted Associated Task # Type of Structure (pond, swale etc.) Estimated Residence Time (in days) • Does the applicant or partner providing at least 10% match have a dedicated stormwater utility fee or other recurring dedicated fee? [ Yes E No If yes, state the monthly fee: Is the project located in or does it benefit any of the following areas (check all that apply): L At least 51% of the project's benefit is received by a special designation area including Empowerment Zone, Enterprise Community, Champion Community, Area of Critical State Concern, HUD - designated Renewal Community Rural Area of Critical Economic Concern, Rural Economic Development Initiative (REDI) community, Florida Enterprise Zone, or Front Porch Community. If yes, which one? State special designation L At least 51% of the project's benefit is received by an area with median income at 50% or less of the area's median income. E At least 51% of the project's benefit is received by an area with median income between 80% and 50.1% of the area's median income. L At least 51% of the project's benefit is received by an area with median income at or above 80.1% the area's median income. Page 15 of 17 2015 319 Grant Application The applicant agrees to comply with all state and federal requirements specified in the guidance package and in the federal grant regulations. Checking "no" or "yes, except" may disqualify a project or cause the project to have a lower ranking than similar projects by lead organizations that agree to the requirements. E Yes L' No I= Yes, with exceptions Provide details of exceptions. • This project is an agricultural BMP £Yes E No If yes, check the following that apply. f£ The project is supported by both state and local grower associations. The project complements an existing BMP project or USDA program. • Please list the types of BMPs that are utilized in this project (e.g., wet detention pond, grassy swale, education). The BMP Nutrient Separating Baffle Box meets or exceeds NPDES requirements for capturing a wide variety of pollutants including total suspended solids (TSS), sediment, debris, organic material, hydrocarbons, and trash. The SkimBossTM Filtration System add -on removes trash and organic material before entering into the baffle box retention chamber. The Bold and Go1dTM filtration media is the final step to the SkimBossTM Filtration system and absorbs remaining nutrients before exiting the baffle box. This media was developed by the University of Central Florida and removes up to 80% of total phosphorus, 47% of total nitrogen, and 90% of total suspended solids. Currently, the storm water from the target area is discharged directly into the Indian River Lagoon. The BMP % reduction for WS1 is estimated to be the following: 32.0% biochemical oxygen demand (BOD), 56.4% total nitrogen (TN), 83.2% total phosphorus (TP) and 90.0% TSS. The BMP % reduction for WS2 is estimated to be the following: 32.0% BOD, 56.3% TN, 83.0% TP and 89.9% TSS. Other BMPs include grassly shallow swales to assist in pollutant reduction treatment and the educational components to the project include: (1) a public announcement, through the local television channel, regarding the project and the effects of stormwater pollution; (2) informational brochures; and (3) a display at City Hall illustrating the BMP's of the project. • Are the activities in this project required under a permit or does it implement permit application requirements (e.g., MS4, federal permit). a Yes E No If yes, explain; the project may be ineligible for the 319 grant award. O References Cited (if applicable): Page 16 of 17 2015 319 Grant Application PART V — ATTACHMENTS List the file names for all attachments that are included with this application (such as maps, design plans, etc.), a description of what the attachment contains, and the total number of attachments submitted, including the application. Filename: Figure 1 — Project Area Map Description: Figure 1 — Project Area Map Filename: Figure 2 — Watershed Map Description: Figure 2 — Taylor Creek Watershed Map Filename: Figure 3 — Conceptual Park Plan Description: Figure 3 — Taylor Creek Park Concept Plan Filename: WS 1 basin calculations Description: Pollutant Reduction calculations Filename: Baffle Box Maintenance Checklist Description: City's Baffle Box Maintenance Total Number of Files Sent (include the application in the total #) 5 documents Page 17 of 17 2015 319 Grant Application PRELIMINARY CONSTRUCTION COST ESTIMATES Road Name: Talyor Creek Park & Stormwater Imp Date 5/17/14 Project No. Road No.: Prepared by: FTW Project Location: City of Okeechobee Checked by: FTW Project: Taylor Creek Area (15.4 acres) Revised date: Project Site: Taylor Creek Park & Stormwater Improvements Preliminary Estimate DESCRIPTION QUANTITY UNITS UNIT COST AMOUNT Traffic Control 1 LS $ 5,000.00 $ 5,000.00 Clear and grub area 3,200 SF $ 5.00 $ 16,000.00 Remove existing drainage structures 1 LS $ 4,500.00 $ 4,500.00 Erosion control plan - silt fencing 2,500 LF $ 3.00 $ 7,500.00 Park area grassly swale /infiltration 1,500 SF $ 80.00 $ 120,000.00 Install 36" RCP 120 LF $ 45.00 $ 5,400.00 Miter End Section 2 EA $ 1,800.00 $ 3,600.00 Drainage boxes 2 EA $ 3,500.00 $ 7,000.00 Nutrient Separating Baffle Boxes 1 EA $ 75,000.00 $ 75,000.00 Utilities Relocation 5 EA $ 3,000.00 $ 15,000.00 Plant Trees 4 EA $ 650.00 $ 2,600.00 OTHER COSTS SUBTOTAL $ 261,600.00 Preliminary Engineering /design $50,000 OTHER COSTS (Eng Design and CEI) $ 71,500.00 Construction Engineering $21,500 CONTINGENCIES @ 10% $ 26,160.00 at 12.5% Contract Cost I RW Acquisition TOTAL 1 I $ 359,260.00 TOTAL OTHER COSTS ROUNDED TOTAL 1 $ 360,000.00 1 EXHIBIT "A" SHEET 1 OF 1 0 150 300 SCALE IN FEET MAP SCALE: 1 INCH = 300 FEET INTENDED DISPLAY SCALE SE 4TH STREET DRAINAGE BASIN -I-1 5.4 ACRES -CONNECTING PIPE SE 6TH STREET ❑ UTFALL SE 7TH STREET ❑ UTFALL r CONNECTING PIPE SKETCH OF DRAINAGE BASIN PREPARED FOR: CULPEPPER & TERPENING, INC. DESCRIPTION DWG. DATE BY CK PREPARE EXHIBIT 05/16/14 WC KAB FB/PC: FILE SCALE: 1" = 300' ‘QWG NO: 28115 JOB NO: 28115 TRADEWINDS SURVEYORS 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763 -2887 Fax: (863) 763 -4342 Email: twps@embarqmail.com MEMORANDUM May 20th,2014 TO: Mayor and Council Members FR: Brian Whitehall, City Administrator India Riedel, Finance Dept. RE: Mid -Year Review — May 20th, 2014Council Meeting Overall our budget to actual is as expected. Most Income and Expenses have corresponded to YTD expectations. Revenues Ad Valorem Tax Revenue Tess than last year, by 3 %, however, prior year to date was an unexpected increase, overall trend is as expected. General Fund Revenues (excluding Ad Valorem) are up 3.91%, or $40,000. Last year there was a significant decrease in Franchise Fees, this year they have rebounded and are at a 7% increase. Utility Tax receipts are up by 16 %. Communications Service Tax however has decreased by 28 %. The City's portion of monthly receipted sales tax from the State is up by 11%. And the Local 1/2 cent tax is up by 13 %. Charges for services, such as Building and Permitting have remained unchanged as new construction has been minimal. Expenditures Percentage of budget spent through March 31st is 43.78 %; when one might expect to have spent 50% of funds. General Fund Expenditures increased year to date by 7.6 %. Some of the increase is due to the 11% increase cost in health insurance as well a annual expenses paid earlier in the year (Auditors by $7,000) Margin of budget to actual is narrower than past years and we do anticipate using some of the reserves as budgeted. Departments continue to monitor each line item within their budget by scrutinizing the need for services and goods. City of Okeechobee May 20th 2014 M Year Revie' ' Financial Status • Economic Trend • Revenues • Expenditures • Summary 5/20/2014 Mid Year Review - Financial Status 1 Florida Consumer Confidence 40 60 10 60 40,4 Month Economics 15000 :40.00 13000 120.00 100.00 90 00 Taxable Sales index 80.00 8 8 8 8 `c); N N 2002-05-01 2002-11,01 2003•05- 01 2003.11.01 th 8 8 8 8 8 8 0 0 0 0 0 0 0 2005.11. -01 2006.05 01 0 TO 0 . 0 7,, 0 40 0 0 0 0 t ?.4 .41 41 et. .44 41 6000 9. „50 o o 0 N N N N NNNN N 2013 -11 -01 2014-05-01 4 Mid Year Review - Financial Status 2 conornic 101 000 30 0% 25.0% 20.0% ls.o,c 10.0% 5.0% 5.0% -10.0% - 15.0% -20.0% Local Option Sales Tax Statewide %Change A -a- Okeechobee % Change 2003 2004 2005 2006 11101L . ,i8 2009 1 0 2011 2012 2013 :fit• 1113 Office of Economic Demogmphtc Researc _.. -...- ._ Mid Year Review - Financial Status 3 6 Month Receipted Ad Valorem Revenues IU $2,500,000 $2,000,000 $1,500,000 $1,000,000 - ' " -- 9500,000 $0 2008 2008 2009 2009 2010 2010 2011 2011 2012 2012 2013 2013 2014 2014 Budget Actual Budget Actual Budget Actual Budget Actual Budget Actual Budget Actual Budget Actual Ad Valorem 52,205 $1,761 $2,131 $1,725 $1,890 91,487 91,738 51,342 91,747 01,420 51,697 51,495 91,740 91,451 79.87% 80.9946 Ad Valorem 91,761,756 91,725,923 78.67% 91,487,012 77.21% 91,342,269 81.30% 88.o8% 83.41% 5/20/2014 FY 2014 7 Comparative month Receipted Revenues (exd uding Ad Vaiorem $ 1,200,000 $1,000,000 $800,000 $600,000 $400,000 $ 200,000 2009 2010 2011 2012 2013 2014 5/20/2014 rfifi�li� 8 Mid Year Review - Financial Status 4 State Board Accoun s Fund B $20,000 $- $(20,000) $(40,000) $(60,000) $(80,000) $(ioo,000) §W9394'O) Potential Unrealized Gain /Loss o CO Ol Ol Ol 0 0 0 ri ri ri N IN ;Bi M M M 4} 0 0 0 0 ci ri ri rl rl rl ri rl ri ri H H H , , N (13 N 41 ID 70 N tp rp C T Q C 2 c 0 0 (0 CU 03 o a1 ro 0 0 0 UM% State Board Accounts Fund 3 2007 Amounts $'s Transferred Balance Investment Value 5/20/2014 General Fund $744,550 $713,024 $31,527 $39,996 Public Fac. Fund $1 27,240 $121,848 $5,388 $6,835 Mid Year Review - Financial Status 5 Revenues-YTD GF 6 Month Actuals (cccludin ul valorem $200,000 5150,000 5100,000 550,000 5/20/2014 L11__ L_ 2008 ActuaI2009 Actual2010 Actua120 1 Actual20 2 Actua12013 ActuaI2014 Actual 4 11 FPL Franchise Fee Co pa ra tives 200000 180000 160000 140000 120000 100000 80000 60000 40000 20000 0 ti ° 0° 0°C) ti ° °� ti °y° ti °y ti °am ti °y� ti °yam 0° 0° ti ° °1 ti0 °`� tiCPC) ti °y° ti °yti ti °yry • • FPL 12 Mid Year Review - Financial Status 6 35000 30000 25000 20000 15000 10000 5000 0 ti°°, °°g) ti° °° ti °y° ti may ti °yam ti °y� ti °yam ti°°� tioc) tioo ti°°� y° ,, ti °yam Local option ales Tax Receipts 1,900,000,000 1,850,000,000 1,800,000,000 1,750,000,000 1,700,000,000 1,650,000,000 1, 600, 000, 000 1,550,000,000 1,500,000,000 State Okeechobee 2008 2009 2010 2011 2012 2013 3,900,000 3,800,000 3,700,000 3,600,000 3,500,000 3,400,000 3,300,000 3,200,000 3,100,000 3,000,000 2,900,000 is Mid Year Review - Financial Status 7 1 Year End evenue Comparison s $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 Taxes FY zoos FY 2oo6FY 2007 FY 2oo8FY 200g FY 2010 FY 2011 FY 2012 FY 2013 15 A Year End Revenue Co $5,000,000 $4, 500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $- Intergovernmental FY 2oo5FY 2006 FY 2oo7FY 2oo8FY 2009 FY 2010 FY 2o11FY 2012 FY 2013 16 Mid Year Review - Financial Status 8 Year End R $600,000 - $500,000 - $400,000 - $300,000 $200,000 $100,000 Charges for Services FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 17 Revenues GF 6 Month Actuals (excluding ad valorem) Communication Surtax- (CST) 200000 - 175000 150000 125000 -' 100000 75000 50000 25000 0 Hard phone lines CeII phones -1 Direct Satellite /Cable /Internet Prepaid Phones 2008 Actua12009 Actual2010 Actual2011 Actual2012 Actua12013 Actua12014 Actual IR Mid Year Review - Financial Status Year End Revenue Comparisons $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 Permits & Fees FY zoos FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 19 Year End Revenue Comparisons $60,000 - $50,000 - $40,000 - $30,000 - $20,000 - $10,000 - Fines & Forfeitures FY zoos FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 20 Mid Year Review - Financial Status 10 Year cnd Revenue Comparison; $400,000 $350,000 $300,000 $250,000 $ 200,000 $150,000 $100,000 $50,000 Investment Earnings FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 FY 2oio FY 2011 FY 2012 FY 2013 21 Revenues-YTD GF 6 i'lonthActuals (excluding ad valorem) $250,000 $200,000 5150,000 $100,000 $50,000 5- 5/20/2014 2008 Actua12009 ActuaI2010 ActuaI2011 Actual2012 Actua12013 ActuaI2014 Actual Mid Year Review - Financial Status 11 Year End Revenue Comparison, $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 Fiscal Year to Date Total Revenues FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 23 Expendiµ ures Mid Year Review - Financial Status 12 GF Annualized departmen $4,452,722 52,007,082 Police Protection 51,370,1811 Fire Protection 51,075,459 Roads & Parks Legislative Executive a Clerk Financial Services s Legal Council ® General Services Law Enforcement Fire Protection Road & Street Facilities 5/20/2014 .Ex en ■ Lures G F YTD Expended (3/31/14) by Department 42.95% 4719% 48.91% 49.861/4 40.81% 42.4% 43.511/4 5/20/2014 43.580/0 43.65% 26 Mid Year Review - Financial Status 13 $3,000,000.00 $2,500,000.00 $2,000,000.00 $1,500,000.00 51,000,000.00 $500,000.00 $- 5/20/2014 General Fund YTD Expended (3/31/13) 1.3% 1.4% $ 170,780 .8% .6% 2010 YTO 2011 YTO 2012 YTD 2013 YTO 2014 YTD 27 Budget Projections $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 5/20/2014 GF Budget Expenditure Projections • \�a�\,e e`,,,) L,e� et`eti °�`\ e, e, �cce�� ay Qco F�cac`\a mesa C�ece`a �a <cs< ��e, �`e, Q as q-0 Budget Annualized Projection lftlwr • • 28 Mid Year Review - Financial Status l4 GF Budget Expenditure Projections $5,700,000 $5,500,000 $5,300,000 $5,100,000 $4,900,000 $4,700,000 $4,500,000 $5,487,834 Budget ' Annualized Projection 29 Expendi ur s all Funds (5 years $8,000,000 $7,500,000 $7,000,000 $6,500,000 $6,000,000 $5,500,000 $5,000,000 2008 2009 2010 2011 2012 2013 30 Mid Year Review - Financial Status 15 Sumrn ry 31 Mid Year Review - Financial Status 16 Ad Valorem tracking as expected Building Permits Fees are down Intergovernmental Revenues up 8% Court Fines continue to decline Projections from State are up CST declining and volatile Franchise Fees have rebounded Interest Earnings non existent One Cent Sales tax up ii% GF expenses tracking less than Budgeted Reserves are still healthy 31 Mid Year Review - Financial Status 16 City of Okeechobee Prepared by: India Riedel, Finance Director Date: 05/12/2014 Dec -07 Jan -Aug Sep -08 Mar -09 Sep -09 Mar -10 Sep -10 Mar -11 Sep -11 Mar -12 Sep -12 Mar -13 Sep -13 Mar -14 Synopsis of State Board Accounts (SBA). November 29th, 2007 froze certain funds within the Local Government investment Pool based on extraordinary liquidity demands. On Dec. 4th, 2007, 86% of the pool assets were available for distribution. The remaining assets were placed in Pool B, (Fund B). 100% of of funds available for distribution were and are being transferred from the SBA accounts as they become available. The investment objective for Pool B is to maximize the present Value of distributions to participants (The City) to the extent reasonable and prudent net As cash becomes available in Pool B, whether from coupon (interest) receipts, maturities, or sales, it is distributed amount participants. BALANCES, TRANSFERS AND VALUES of State Board Accounts, Fund B. General Fund $ 508,229 $ 3,446 $ 22,769 $ 17,618 $ 26,131 $ 17,461 $ 19,749 $ 10,894 9,143 $ 1 1,792 $ 10,015 $ 42,751 $ 13,026 $ 744,550 $ 236,321 $ 232,875 $ 210,106 $ 192,488 $ 166,357 $ 148,896 $ 129,147 $ 118,253 $ 109,111 $ 97,319 $ 87,304 $ 44,553 $ 31,527 $ 185,924 $ 125,050 $ 105,705 $ 109,058 $ 105,278 $ 105,603 $ 89,499 $ 90,154 $ 92,352 $ 91,307 $ 50,461 $ 39,996 $ (86,783) $ $ (4,966) 4,004 5,909 $ 8,469 - 20.162% - 40.483% - 45.085% 0.000% - 29.294% - 18.263% - 24.316% - 17.374% - 5.103% 4.586% 13.262% 26.863% $ 713,024 Dec -07 Jan -Aug Sep -08 Mar -09 Sep -09 Mar -10 Sep -10 Mar -11 Sep -11 Mar -12 Sep -12 Mar -13 Sep -13 Mar -14 Public Facilities Fund $ 3,375 1,862 $ 1,562 2,015 $ 1,712 7,306 2,226 $ 22,071 $ 20,209 $ 18,646 $ 16,631 $ 14,920 7,614 5,388 $ 18,040 $ 15,295 $ 15,407 $ 15,783 $ 15,604 8,624 $ 6,835 $ (4,031) $ 684 $ 1,010 1,447 - 18.263% - 24.316% - 17.374% - 5.103% 4.586% 13.262% 26.863% $ 121,848 ■111U11 LUJ111VJJ 1_.\.v11U11111/4, 11VUU1vaL1u11a1 1'cuciauU11 01 111UGpG11UG11L DUJ111CSS I INdUUllal ... rage 1 01 National Federation of Independent Business (hUp: / /www.nfib.coln) The NFIB Research Foundation has collected Small Business Economic Trends data with quarterly surveys since the 4th quarter of 1973 and monthly surveys since 1986. Survey respondents are drawn from NFIB's membership. The report is released on the second Tuesday of each month. This survey was conducted in April 2014. A sample of 10,799 small- business owners /members was drawn. Six hundred eighty flue (1,699) usable responses were received — a response rate of 16 percent. May 2014 Report. Small Business Optimism But Don't Get Too Excited Confidence Up in April, but Washington continues to create uncertainty Small Blisiness Optimism index Up 1,8 Points in April to a Post-Recession High of 95.2, But Washington Continues to Create Uncertainty Change Net % From March 25% 3%. -91 10%. -1 °fi 24% -6' 8% -20% Index Component Plans to Increase Employment Plans to Make Capital Outlays Plans to Increase Inventories Expect Economy to Improve Expect Real Sales Higher Current Inventory Current Soh Openings. Expected Credit Conditions Now a Good Time to Expand Earnings Trends 3 9 -2 - "1 2 0 4 Aril's Small Business Optimism Index rose 1.8 points to a post- recession high of 95.2. The economy continues to perform modestly and April's index followed suit as it crossed the 95 marker for the first time since 2007. Seven Index components improved, one was unchanged and 2 fell.. "April's Index did pass the 95 mark that seemed to block any progress in optimism for the past five years. However, the Index is still 5 points below the average reading from 1973 to 2008, and far from what is considered expansion levels. This reading can only be characterized as a high end recession reading. Small business confidence rising is always a http: / /www.nfib.com /surveys/ small - business- economic - trends/ 5/19/2014 FLORIDA'S CHIEF FINANCIAL OFFICER INNOVATIVE FLORIDA Spotlight on: SPORTS Dear Fellow Floridians: CFO Atwater throws the first pitch at a Spring Training game. In the 21st century, innovation serves as a catalyst for a diverse, prosperous and sustainable economy. For many years, Florida has pursued strategies to foster an environment that encourages growth and investment, allowing businesses to expand and strengthen our economy. Today, Florida is recognized . as a national leader in innovation. It is in this spirit that Florida's Bottom Line continues its three -part series on .Innovative Florida, focusing on the people and industries forging our future, with the third edition highlighting the state's sports industry. With cutting -edge facilities, innovative technology development and ideal weather year- round, Florida is a global leader in sports. Each year, Florida is host to more than 1,800 professional sports events as well as thousands of other sporting games and tournaments statewide, including amateur and college sports, golf, fishing and hunting, boating and yachting, and motorsports. The innovation spurred by this, and the drive to create the world's leading sports systems, are responsible for the development of new tools and technologies that better connect us, improve our quality of life, and allow us to explore and experience sports in more exciting, enriching ways. Inside this edition of Florida's Bottom Line, you'll find expert commentary on the innovation and advancement happening within the world of sports and right here in Florida. With a long history and wide variety of sports, as well as a strong presence of industry leaders, high - tech entrepreneurs and pioneering firms, Florida is truly home to a wealth of world -class innovation. It is the collective ingenuity and perseverance of the people of Florida that created the foundation for our Innovative Florida, and it will be the continued commitment and creativity of Floridians who will make our state a global leader for innovation and economic prosperity in the 21st century. I hope this issue of Florida's Bottom Line equips you with the resources to become a part of this mission. sincerely, Jeff Atwater Chief Financial Officer State of Florida SUBSCRIBE TO FLORIDA'S BOTTOM LINE » INSIDE STO IKS Economy SEEPAGE1 Florida Competes with Innovation SEE PAGE 2 Jobs SEE PAGE 3 Building the World's Digital Playground SEE PAGE 4 Housing SEE PAGE 5 Reimagining the World of Racing SEE PAGE 6 State £t Nation SEE PAGE1 Fast Facts SEE PAGE 8 S.EN.D US YOUR COMMENTS!» ECONOMY Florida has continued to foster a strong economic recovery thus far in 2014, despite modest growth in the national economy. Although data on Florida's Gross Domestic Product (GDP), a measure of goods and services produced by the state and widely -used gauge of economic growth is not yet available for 2013, economists believe that Florida's economy grew 2.7 percent last year with GDP projected to grow 3.2 percent in 2014, according to the University of Central Florida's Institute for Economic Competitiveness. There are several other indicators that point to strong economic growth over the past year in Florida and a continued upward trajectory through 2014, which include rising home prices, personal income growth, and improving consumer confidence. CLICK GRAPH TO SEE SOURCE DATA A primary driver of recent economic growth in Florida has been the housing market. Median home sale prices have posted significant gains since 2011 and have increased 17 percent since 2009, which has helped to rebuild household balance sheets and grow personal income. Since 2009, personal income per capita in Florida has increased 12 percent, totaling $41,692 at the end of 2013. This renewed growth in real estate and personal income has consequently boosted the consumer confidence of Floridians. According to the University of Florida's Bureau of Economic and Business Research Consumer Sentiment Index, consumer confidence among Floridians stood at 81 in March 2014, up 10 BREAKDOWN OF VENTURE CAPITA. INVESTMENT IN FLORIDA, BY INDUSTRY (2013) Biotechnology Medical Devices & Equipment 12% Other 11 Industrial/AO/ Energy °� Media/ Entertainment 17% 440 Software Telecommunications 46% Source: PricewaterhouseCoopers / NVCA MoneyTree Personalincome per capita (000s) $42 $40 $38 $36 $34 $32 $30 FLORIDA'S PERSONAL INCOME MEDIAN HOME PRICES 2009 2010 2011 2012 2013 Source: US Bureau of Economic Analysis & Florida Realtors $175 $160 0 $145 $130 $115 2 $100 points compared to the same time three years ago when the Index stood at 71 in March 2011. Additionally, the component measuring the personal financial situations of Floridians compared to a year ago stood at 73, a 6 point increase over the reading in March 2011. .Perhaps most importantly, the Index reading on Floridians' expectations of their personal financial situation one year from nom has increased remarkably, up 24 points from 58 three years ago to a reading of 82 in March 2014. These developments, along with increasing consumer confidence, has lead to more Floridians believing that now is a good time to buy major household goods, and this is reflected in the state's taxable sales activity, a measure of the level and type of goods being purchased statewide. Over the past three years, sales activity in Florida has risen steadily with total taxable sales increasing 18 percent between :December 2010 and December 2013. Venture capital investment in Florida is another indicator of the state's ongoing economic recovery. Nationally, Florida ranked :10th for the amount of venture capital invested in its start -ups and high -tech businesses during 2013. This is an improvement from 2012 when the state ranked 19th nationally, and evidence of an expanding innovation economy in Florida. In 2013, venture capital investment in Florida totaled $421 million. Of this, the software industry attracted the largest share with 46 percent, or $193 million of Florida's venture capital invested in the industry; followed by the media and entertainment industry, which attracted 17 percent, or $73 million of Florida's total venture capital in 2013; the biotechnology industry, which attracted 13 percent, or $53 million; and, the state's medical devices and equipment industry, which attracted a 12 percent share, or $52 million of the venture capital invested in Florida last year. Jeff Atwater 1 Chief Financial Officer Florida's. Bottom Line 1 FLORIDA REMAINS COMPETITIVE WITH' INNOVATIVE IDEAS & FACILITIE By John Webbt, President of the'Ftoriela Sports Fotrrtdation When athletes and spectators come to stay and play in Florida, they know it's a given there will be sunshine and warm temperatures 12 months of the year. And, as the sports world evolves into the 21st century, the Sunshine State has done its best to stay ahead of the curve in an industry that is now a $44 billion annual benefit to the state, attracting 13 million visitors and supporting over 430,000 jobs statewide. The state of Florida can boast of many sports facilities attracting championship events from Pensacola to Key West. Recent feathers in Florida's cap include 42 NCAA Championship events awarded to the state between 2014 and 2018 and the 2017 College Football National Championship Game, which will be played in Tampa's Raymond James Stadium. In the last five years, several state -of- the -art venues have been constructed to attract international prominence to Florida for years to come. The .IMG Academy, in Bradenton, provides world -class training opportunities for athletes on the professional level and those aspiring to reach the professional level. The 500 -acre campus features programs throughout the year in tennis, golf, basketball, baseball, soccer, lacrosse, football, and athletic & personal development. Since its beginning, the IMG Academy has provided training athletes that have won MVP Awards, World and National Championships, Heisman Trophies and Olympic Medals. Attracting athletes from all over the country for competition in over 60 sports is the ESPN Wide World of Sports Complex at Walt Disney World. Located on 230 acres, the state -of- the -art facilities hosts thousands of events for athletes of all ages and abilities. This grand sports setting is where classic athletic ideals meet contemporary innovation. Each year in March, baseball fans flock to Florida for Major League Baseball Spring Training. In :Fort Myers, Jet Blue Stadium provides the season starting point for the reigning World Champions, the Boston Red Sox, and its facilities incorporate some of the most innovate and advanced ideas in sports. Besides being lauded for its environmental sustainability, the Complex provides state -of -the -art training facilities positioned on a single site, intended to be used year - round, and includes a main ballpark with a total capacity of approximately 11,000 fans, six practice fields, and other adjoining facilities to house both the Major and Minor League operations and a rehabilitation center. Florida college and other professional sports teams are hanging championships banners in their state of the art facilities as well. JeffA.twater 1 Chief U inancial Officer John F. Webb serves as the President of the Florida Sports Foundation, the state's lead sports development and promotion office. As the liaison for Florida's sports industry, the Foundation oversees the state's 26 sports commissions, as well as industry conferences and major sports events, such as the Super Bowl and the NCAA Final Four. The Foundation also directs the annual Sunshine State and Florida Senior State Championship. Games. JOHN F. WEBB Surrounded by bodies of water, Florida is also known as a fishing and boating paradise. Fishing and boating shows can be found year round in various parts of the state to satisfy the newest equipment needs of the millions of fishing enthusiasts in fresh and salt water and thousands of boats of all shapes and sizes. Also making a big splash are inland water -based facilities. With the opening of Sarasota's Nathan Benderson Park, in the summer of 2013, this world class rowing facility is designed to meet the highest standards of international rowing. It features 2,200 meter racing lanes and straight shorelines, coaching lanes, wave attenuation, a multi - function boathouse, and athlete training center, starting huts and finish towers. By looking at an upcoming events calendar with the NCAA Rowing Championships, U.S. Masters Rowing Championships and the 2017 World Rowing Championships, those standards have been met. Finally, who can forget the Florida Golf Industry? On over 1,100 courses statewide, golfers can choose from a variety of forgiving courses to ones as challenging as the professionals experience. While the casual golfer tries out the latest equipment at the PGA Merchandise Show, held every January in Orlando, the world's top golfers experience some of the best courses in the world when they play in one of the five PGA Tour stops held in Florida each year March through May. Along with the opportunity to compete in all 12 months of the year, it is no surprise that sports leaders from around the world have taken notice of the innovative thinking and ideas happening both on and off the field, further solidifying Florida's reputation of "Where The World Comes To Play." FLORIDA SPORTS F O U N D A T I O N FOR MORE INFORMATION, PLEASE VISIT WWW.FLASPORTS.COM Florida's Bottom Line 2 JOBS Florida's jobs situation has continued to improve thus far in 2014. Statewide, the unemployment rate has continued decline, down to 6.3 percent as of March 2014, which is the state's lowest unemployment rate in six years since June 2008. Compared to the same time last year, Florida's unemployment rate has fallen 1.4 percentage points from 7.7 percent in March 2013. In contrast, the national unemployment rate has continued to stagnate thus far in 2014, remaining unchanged at 6.7 percent in March. In March, Florida ranked 1st for the largest increase in jobs of any state in the nation, with broad -based gains across industries. Florida's labor force is also rising much faster than its adult population, reversing some of the severe losses in the participation rate over the past three years. CLICK GRAPH TO SEE SOURCE DATA This recent improvement is not unexpected and mirrors historical trends. Since reaching its peak rate in 2010, Florida's unemployment rate has both declined more rapidly and robustly than the national unemployment rate. As of March 2014, Florida's unemployment rate has dropped significantly from its height, down by 5.1 percentage points since its peak rate of 11.4 percent .four years ago.•In contrast, the national unemployment rate, which peaked at 10.0 percent in October 2009, has declined more slowly despite a relatively lower, and more distant, peak unemployment rate than Florida. Compared to its peak in 2009, the U.S. unemployment rate has only declined by 3.3 percentage points, down to 6.7 percent as of March 2014 from 10 percent in late 2009. Job growth has strengthened statewide thus far in 2014. Since the beginning of the year, .Florida's economy has created 62,300 net new jobs, the 2nd largest amount of any state in the nation. Over the year, Florida's economy has created a total of 225,100 net %Professional Services 111111111111111M 4.1% leisure & Hospitality 73.0% Trade & Transportation 111111111111111111 3.0% Manufacturing 11111111. - 2.4% finance 2.6% Other - 1.6% Information 1.4% Healthcare 10% 2.0% 4.0% 12.0 10.0 8.0 6.0 4.0 2.0 UNEMPLOYMENT RATE 2004 - 2014 Off` Oh OrO 01 0 O� yo tae e e fat �a� �a� �aV V e Source: U.S. Bureau of Labor Statistics new jobs ( +3.0 %). Private sector job growth has been even more robust, growing at an annual rate of 3.5 percent in March. Florida's rate of job creation also continued to be higher than the nation's in March. Nationally, the net rate of total and private sector job creation was 1.7 percent and 2.0 over the year; respectively. Job growth in Florida has not only strengthened, it has also been broad -based thus far in 2014 with significant gains across and within industries statewide. In March, industries gaining the most jobs over the year in Florida include: professional and business services ( +48,000 jobs, +4.4 percent); trade and transportation ( +47,500 jobs, +3.0 percent); leisure and hospitality ( +42,100 jobs, +4.1 percent); construction ( +41,000 jobs, +11.5 percent); private education and health services ( +15,300 jobs, +1.4 percent); financial activities ( +12,200 jobs, +2.4 percent); manufacturing ( +9,700 jobs, +3.0 percent); other services ( +6,800 jobs, +2.0 percent); information ( +2,200 jobs, +1.6 percent); and, total government ( +300 jobs, +0.1 percent). 11.5% Construction JOB rGROWTH IN FLORIDA Year - over -year % Change 6.0% 8.0% Source: U.S. Bureau of Labor Statistics, as of Mar. 2014 Jef f Atwater 1 Chief Financial Officer 10.0% 12.0% ANNUAL RATE O JOB CREATION U.S. 1.7% Total Non -farm Private Sector Florida's .Bottom Line 3 By Daryl Holt, Vice President and Croup Chief Operating Officer of EA-Tiburon The EA SPORTS tagline "it's in the game" is synonymous with our world- renowned game titles. "It" represents authenticity and the connection to the real -world emotion of sports. "It" also represents the quality and innovation in our products, services, and experiences that our fans enjoy and expect. And I am proud to say that a lot of "it" stems from our talent in Florida. The EA-Tiburon studio has been in Central Florida for 20 years and a part of EA since 1998. We are passionate about sports and work with a talented team of 800 technical innovators, artists, and storytellers who bring our blockbuster games to life. With the explosion of mobile devices and the emergence of new platforms, such as the Xbox One and PlayStation 4, EA SPORTS continues to look for ways to fulfill our mission to build the world's best digital playground with fun for anyone, anytime, anywhere. When new platforms debuted last fall, EA- Tiburon was the only studio in the world that produced more than one game specially developed to run on the new systems at the time of their launch - Madden NFL 25 and NBA LIVE 14. That's a tall order for any studio in the game development industry. While new platform challenges dictate the need for advanced solutions, a culture Here are some of the areas of advancement accomplished right here in Florida over the past year: • Connected Experiences - With always -on devices driving new connection possibilities, we've created new ways to connect the real world of sports to our games. With NBA LIVE 14, EA- Tiburon utilized its exclusive relationship with Synergy Sports (a sports analytics company) to incorporate updates from the NBA within an hour of real -world games. Player tendencies and performances augment the artificial intelligence and the game play then reflects how the real teams and individual players perform. Coupled with a first -of -its -kind LIVE Update system created by EA-Tiburon, the game is always kept relevant through regularly pushed updates (including commentary, soundtrack additions, player changes, etc.). • Live Services - Monitoring how people play allows us to respond with new offerings and services that engage our customers. Business analytics in a "big data" world is readily embraced at EA, and EA SPORTS is leading the way in utilizing this emerging "hot job" in how we analyze incredible amounts of data to deliver new experiences that delight our customers. Madden NFL Ultimate Team - a feature that allows our Madden NFL fans to build custom teams - is experiencing record year -over -year growth as we developed analytic tools and services to better understand our customers and their preferences. ZIVWXMAIMMIAIMMIWIRIVAIRMINVE=416/71MIMMOCIMEMONMIA4 . JeffAtwater 1 Chief Financial Officer Daryl Holt is vice president and group chief operating officer of EA- Tiburon and EA SPORTS Austin. He is based at the game label's studio in Orlando, Florida, where he drives planning and execution for EA SPORTS titles. DARYL HOLT focused on creating constant innovation is the key to success in our industry. Although we can't share the secrets behind all of our innovations, EA SPORTS is always working on new ways to deliver great experiences. Thanks to Florida's focus on innovation, we have seen the number and caliber of local talent grow each year, which is why we continue to partner with schools to educate the next generation of game professionals. This allows us to keep more of our talent in- state, creating high -wage jobs that contribute to our booming tech industry. • Likeness Scanning - The EA SPORTS Innovation Lab (co- located with the .Florida Interactive Entertainment Academy graduate program at the University of Central Florida) led the way for the company in inventing portable scanning rigs to go on the road and capture real -world athlete head scans to increase the accuracy of in -game player likenesses. New research by the Lab is attempting to bring likeness capture scanning to the home using a mobile device. EA- Tiburon foresees a world where you can scan your face and get in the game yourself. • Player Control - Great game play is at the center of EA SPORTS and we are constantly looking for new ways to get our virtual players to mimic reality as closely as possible. The Madden NFL team in Orlando partnered with the FIFA team in Canada to create a new "step -based locomotion" system that constantly evaluates weight momentum and desired direction step by step on the field. This creates responsive player controls with four times the precision. • Procedural Art - Innovation that creates efficiency allows us to spend more time on quality and expand features. At EA SPORTS we are creating new tools that generate art procedurally versus having an artist do every step by hand. For instance, a head scan can be placed in the pipeline and a player head is automatically generated that provides an artist with a great starting point (cutting production time in half or better). SPORTS')' FOR MORE INFORMATION, PLEASE VISIT: WWW.EASPORTS.COM Florida's Bottom Line 4 HOUSING Florida's real estate market has continued to improve in 2014, building on its ascent over the past two years after collapsing in the wake of the Great Recession. Although off their pre - recession peaks, home sales and prices have generally improved, climbing steadily as strong demand has continued to build. In March 2014, the median sales price of an existing home in Florida stood at $173,000, a 7 percent increase over the year. Improvement is further illustrated when comparing the growth of U.S. home prices to Florida: In 22 of the past 27 months, the state's median home price has grown at a faster rate than the nation, with an average annual growth rate of 9 percent and 15 percent in 2012 and 2013, respectively. CLICK GRAPH TO SEE SOURCE DMA UAL GROWTH OF MEDIAN HONE PRICES Source: Florida Realtors & National Association of Realtors This uptick in home prices is a result of renewed demand, due in part to high levels of investor participation in Florida's housing market, which is illustrated by the share of homes purchased in cash transactions. In March, 46 percent of closed sales of single - family homes in Florida were cash transactions, compared to 33 percent nationally. With increased demand, Florida's housing inventory has dwindled, which has spurred new construction statewide. To alleviate the pent up demand, homebuilders have planned to break ground for new homes at pre- recession levels. Residential building permit activity — an indicator of future construction and a gauge of housing market strength — has continued to increase through 2014, with 15,480 units authorized year -to -date, a 17 percent increase compared to the same time last year. Of note, Florida authorized more new building permits over the year in February than any other state with the exception of Texas, and accounted for 18 percent of all permits authorized in the Southern region. TOP 5 STATES: TOTAL HOUSING BUILDING PERMITS AUTHORIZED Texas Florida California North Carolina Georgia (Feb. 2013 - Feb. 2014) 159,742 96,555 Source: U.S. Census, Building Permits Survey Jeff Atwater I Chief Financial Officer Although Florida is on pace to recover much of the value lost in the wake of the Great Recession, the housing market recovery faces the headwind of increased interest rates. Within the last year; mortgage rates have increased amid an official tightening of U.S. monetary policy, namely tapering of the Federal Reserve's bond buying program ('quantitative easing'). This has caused the yield on the U.S. 30 -Year Fixed Rate Mortgage to climb 0.82 percentage points, or 24 percent over the past year. Rising rates have a negative impact on the housing market because potential buyers may be dissuaded from purchasing a home due to higher financing costs. This negative impact also extends to homebuilders and developers, as projects may become more expensive to finance. However, while the spike in interest rates will likely slow the housing market in the short -term, strong population growth, an improving labor market, and a rebounding overall economy will buoy real estate in the long run. 4.6% 4.4% 4.2% 4.0% 3.8% 3.6% 3.4% 3.2% U.S. 30-YEAR FIXED RATE MORTGAGE AVERAGE � , ti 0,ti° ti'' tia tia ti� (<0 lac Source: Freddie Mac Florida's Bottom Line 5 When "Big Bill" France first envisioned his plans for Daytona International Speedway in the late 1950's, he was really imagining an innovation of speed and engineering that would fuel an industry for more than 50 years. "The World Center of Racing" is an economic engine that continues to drive billions of dollars in state tourism every year. That same level of innovation is prevalent through DAYTONA Rising, the $400 million reimagining of the great American icon. From its initial design, architects from ROSSETTI were tasked to think beyond the traditional motorsports experience and create an environment that integrated technology elements throughout the structure to produce an engaging, welcoming, and immersive experience for guests. Basic comfort and convenience innovations such as wider seats, more leg room, 40 escalators, and 14 elevators easily addressed the greatest challenge of all - navigating the nearly mile -long, 140 -foot tall structure. But to address some of the more intricate goals like engagement, designers created large social areas called neighborhoods - each of them are the size of a football field. These areas will not only provide comfortable areas for people to meet and socialize, they will feature restaurants, bars, shops - areas for fans to enhance their visit to the speedway should they choose. The neighborhoods will also feature dozens of digital screens (over 1,600 total throughout the stadium) showing all of the live on -track action and customized content available only at the speedway. .Lastly, guests will be able to stay connected with each other on -site and their friends at home through Wi -Fi access. There will be five main entrances, or injectors, to the new property. Each injector features a massive entrance statement that vertically spans the entire height of the stadium, welcoming fans to DAYTONA from miles around. Toyota recently became the first Founding Partner of DAYTONA Rising and sponsor of one of these injectors. With over 20,000 square feet of engagement space within the injector, Toyota's designers are working with ours to create new fan elements that will enhance the overall guest experience to levels never before seen in our sport. Speaking of sponsors, corporate entertaining will also undergo a massive transformation as part of :DAYTONA Rising. Many Joie Chitwood III serves as president of International Speedway Corporation's flagship motorsports facility - the Daytona International Speedway (DIS). As president of DIS, Mr. Chitwood oversees all speedway activities including event entertainment, fan amenities, and ticket sales. He also sits on the board of trustees for the Motorsports Hall of Fame of America, serves on the boards of the Daytona Beach Chamber of Commerce and the Central Florida Partnership, and is a member of the advisory committee for the Sports Executive Leadership Conference. JOIE CHITWOOD, III corporate partners within the sport of NASCAR use the DAYTONA 500 as the event to host their CEO or senior executives to demonstrate the power of the sport and justify their investment in the sport. Therefore we are ensuring that experience lives up to the prestige of the "World Center of Racing." All corporate hospitality will transition away from temporary chalets to modern, permanent indoor facilities within the new stadium - with full amenities and available throughout and after the race. There will also be meeting space available during non -race days for corporate functions and other events. Technology is rapidly changing and with a project that spans 30 months, it's imprudent to install today's technology amenities when the facility doesn't open until 2016. Therefore, we are instead installing the infrastructure throughout the facility that will enable us to provide the latest and greatest amenities in two years. Some of this infrastructure includes wireless and broadband connectivity, digital signage and other IT architecture throughout the stadium. The end -user amenities will be finalized as we approach the much anticipated debut of DAYTONA Rising in 2016, in time for the 58th DAYTONA 500, but we'll have the network in place to support these amenities. We hope you can join us when we celebrate one of the sport and the state's most anticipated grand openings in 2016. Our fans, our community, our partners, and our employees are all looking forward to seeing how we harnessed the imagination that Bill used in the 1950's for the next half century. FOR MORE INFORMATION, VISIT: WWW. DAYTONAINTERNATIONALSPEEDWAY .COM JeffAtwater 1 Chief Financial Officer Florida's Bottom Line 6 Florida's financial horizon continues to brighten in the New Year with official state estimates projecting a budget surplus for the third consecutive year. According to the Florida Revenue Estimating Conference, the state budget surplus is expected to total $1.2 billion in the coming fiscal year, a welcome sign that Florida's economy is growing and a stark contrast from the five consecutive years of budget shortfalls generated by the Great Recession. Looking ahead, Florida's long -term financial outlook is positive and stable, a direct dividend of an improving economy and the state's consistent approach to governing with fiscal restraint and prudent debt management. During the Great Recession, Florida made the tough decisions necessary to weather the storm and keep its fiscal house in order, exercising fiscal discretion over increased borrowing and spending. As a result of this approach, the state now has greater financial flexibility as economic activity and revenues strengthen because it is not burdened by rising debt, allowing Floridians to concentrate on economic growth without being threatened by the prospect of rising state taxes. 0 FLORIDA'S LONG TERN FINANCIAL OUTLOOK $30 $25 $20 $15 FY2013 -14 FY2014 -15 FY2015 -16 FY2016 -17 FY2017 -18 FY2018 -19. (current fiscal year) (Net General Revenue) Source: Florida Revenue Estimating Conference JeffAtwater 1 Chief Financial Officer CLICK GRAPH TO SEE SOURCE DATA The federal government has yet to acknowledge this reality. Instead, it has continued to leave open the floodgates of spending, driving up the national debt to historic highs. At the end of 2013, •the U.S. debt -to -GDP ratio reached 72 percent, a significant increase from 2007 (35 %) and the highest in U.S. history a part from a short time during World War II. Furthermore, there is no suggestion that this trend will subside in the future. According to the Congressional Budget Office, both federal debt and deficits are projected to continue rising through 2024 and government spending is expected to begin growing more rapidly than the U.S. economy by 2016. In contrast, Florida continues to improve its financial outlook by balancing its budget, replenishing reserves, and reducing its long -term debt. 90% 80% 70% 60% FEDERAL OM HELD THE PUBLIC: 1974 w 2024 Percentage of GDP Actual 90% Projected rr 80% 70% 60% 50% . * „`s ^'I 50% 40% 30% 20% 10% 0% 40% 30% 20% 10% ti0 ti0 0 yob Source: Congressional Budget Office Florida's .Bottom Line 7 FLORIDA FAST FACTS 2011 70.`': Population 19.1 19.3 (total, in millions) Real Gross Domestic Product 0.9% 2.4% (growth rate) ..............._........... . Visitors 473 91.5 (total, in millions) Unemployment Rate 10.3% 8.3% (annual average) Median Home. Price $131,700 $145,00 (single - family) Venture Capital Investment $346 $203 (total, in millions) 2013 19.6 2.7% (P) 94.7 7.2% $168,000 $421 (p) Projected For even more metrics on Florida's economy, visit: THE SCORECARD The Metrics that 1-ielp Florida Leaders Secure Florida's Future CHIEF FINANCIAL OFFICER JE1F ATWAT Fi.R FLORIDA :L PA Tmk NT OF 1'! NA\ NC [AL SERVICES www MyFloridaCFO.com Jeff Atwater 1 Chief Financial Officer PARTNERS Florida's Bottom Line is produced by the Florida .Department of.Financial Services in association with the Bureau of Economics and Business. Research (BEBR) at the University of Florida and The Office of Economic and Demographic Research (E.DR), a resecirch arm of the Florida Legislature. BEBR is an applied research center in the Warrington College of Business Administration. The mission of BEEBR is to collect, analyze, and generate economic and demographic data on Florida and its local areas; to conduct research that will inform public policy and business decision making; and to distribute the data and research findings throughout the state and the nation. To see the research and analysis that BEBR offers, please visit www bebr.uf Ledo. EDR is a research arm of the Florida Legislature principally concerned with forecasting economic and social trends that affect policy making, revenues, and appropriations. EDR provides objective information to committee staffs and members of the legislature in support of the policy making process. To see the research and analysis that ED.R offers, please visit wwwedr.state.l,us. ACCESS EVEN MORE RESOURCES ONLINE » MyFloridaCFO .com /FloridasBottomline Florida's Bottom Line 8 The Updates! from the City Administrator's Desk 55 SE 3rd Av., Okeechobee, FL 34974 City Council meeting of Mav 20, 2014 • 2014 Asphalt program — On the Agenda is a Contractor's Agreement with Lynch Paving 'piggybacked' with Okeechobee County's accepted bid, opened 2/24/14. There were three bidders including, Ranger Const (Ft Pierce), Lynch Paving, Sunshine Land Design (Stuart). Synch was the lowest in each category bid, reflected as follows and incorporated into the contract: #1 install 1" thick overlay $113.25/ton #2 install 1.5" thick overlay $113.25/ton #3 install small project ( <5tons) $241.00 /ton #4 tie -in street joint $11.20 / LF #5 milling av 1" depth $1.25 /SY • FPU update (week of May 5) - Received a schedule date of mid July from Florida Gas and Transmission to do the tap necessary to feed gas to our gate station. In addition, we have obtained a new location for our gate station on the East side of 441 just north of Cemetery Rd. After the tap is complete we will install our gate station in preparation to supply gas to the distribution system. Currently the distribution system is 80% complete and we are work with CSX in the final stages of getting our permits to connect Phase I of the project to Phase II and III. DOT has informed us that they are ready to issue their permits once we have the CSX permit in hand. • 2014 legislative appropriation requests — I reported that both FL houses agreed on a final budget of $100k for our legislative requests that included 1. Complete the Storm water retrofit...conveyance (canal demuck) at an est cost of $254,444 2. Commence bank improvements at the Taylor Creek Park area. The bank has eroded and will result in stabilization of same - $195,556 We are waiting for the budget to receive final approval from Gov Scott. • General Legislation — Update on pieces of passed legislation of interest Small City Community Development Block Grants HB 7023 (Economic Development and Tourism Subcommittee) is a comprehensive bill amending the Small City Community Development Program (CDBG) to maintain current funding categories with adequate safeguards to ensure grants primarily benefit low and moderate - income families. This section of the bill was drafted in cooperation with the Department of Economic Opportunity and is a FL League priority. Other provisions of the legislation rebrand what are currently known as "rural areas of critical economic concern" (RACEC) as "rural areas of opportunity." The bills also revise the administration of all loan programs administered under the Department of Economic Opportunity (DEO) to increase accountability. The loan programs would include the Rural Community Development Revolving Loan Program, Economic Gardening Business Loan Pilot Program and the Black Businesses Loan Program. Ethics SB 846 requires elected municipal officers to obtain 4 hours of ethics and sunshine law training annually beginning January 1, 2015. The bill allows local officials to abstain from voting if there is a conflict under locally adopted ethics standards and in specified quasi - judicial proceedings. The bill does NOT contain any provision restricting the ability of elected municipal officers to lobby the legislature or state agencies. Page 1 5/20/14 Activity Rpt Cont'd • Ord 1111 BTR Code and fee changes — on Agenda to update the Code to the terminology 'business tax receipt' and increase the BTR fees 5 %. I've attached the 8/20/13 (incl in this f/y budget- beginning discussion) memo reviewing the particulars. • Ord 1112 Impact fee — on the Agenda and continues the impact fee assessment moratorium for another year, through June 30, 2015. • Centennial Celebration - on the Agenda is a motion to adopt proposed Resolution No. 2014 -02, creating an Ad Hoc Committee. You were supplied with a draft in the packets for last meeting and while it's a year away, it'll be here before you know it. • Parking lot downtown — As you are aware, the City continues to experience a bit of an overcrowded parking issue downtown. On the one hand, it's good to see the activity, but it's certainly creating a cumbersome issue. I'd like to investigate the acquisition of the empty 50 X 142.5 lot at the intersection of SW Park & SW 4th Av (where the Christmas trees were sold). I know it's not a solution to a bigger parking problem but it could be a piece to the puzzle and the lot now serves as nothing more than a cavity on our downtown store front area. City Atty: • FDOT / Hamrick litigation — The Mar 27 meeting wherein, Atty Cook and I were to meet w/ our Atty Weaver and reps from the Hamricks and FDOT at City Hall to discuss the litigation was cancelled and hasn't been rescheduled. • Barbara Mills, 406 NW 5th St, nuisance property resolution — At the Mar 18th meeting the Council voted to proceed w/ foreclosure on about $20k in fines after Atty Cook was unable to secure a Judgment in order to gain access to the property to abate the weed nuisance. Finance: • Mid -year financials update on Agenda — Fin Dir Riedel will give a short report on the mid -year financial. We met with Dept Heads and supervisors to review each department's budget, checking for over - expenditures or unanticipated costs. General Services / Planning Board: • Air conditioner in Dep Cik's office replacement — The City just rec'd quotes ranging from $3720/$3990 for a 13 SEER and $4560/$4990 for a 16 SEER. We are investigating any FPL rebates etc to make a determination to go w/ the more efficient NC. Police: • Liquor sales to minors — The 5/11/14 Okeechobee News had an article wherein it stated that the Narc Task Force and the City were involved in a sting and found 7 of 12 stores selling booze to the underaged. Other than our Task Force rep, the City wasn't actually involved in the sting which explains, I guess, why all the stores were located outside of the City. I've spoken to Chief Davis and we plan to coordinate a similar sting in the near future for all stores inside the City. Page 2 5/20/14 Activity Rpt Cont'd Public Works: • Canals demuckinq grant funded ($250k) project — Rec'd the first invoice for phase 1 of 3, the "west leg" south of SE 7th St - $109,757.58. We are keeping a 10% retainage so the invoice is for $98, 781.82. The west leg was above the estimate and the contractor wrote it up to mobilization costs and that he was still confident that they could meet the proposed estimate for all three legs. If you have any questions on this project, please don't hesitate to call. Note: Notice to proceed was on December 16 and they executed it on Dec 18. TSI has until Sep 16, 2014 to complete the project. • Proposed Taylor Creek Park — Culpepper & Terpening gave me an update that they approved Kenny Breaux, Tradewinds, to proceed with surveying in order to provide a draft for what will be a matching grant application relating to water quality issues with park improvements included. • 441 median landscaping (Grant funded -Main St) — Project Bid is $72,987.60; contractor is Tree Locators. As you have probably noticed we are underway. All the paperwork was finally completed and as of this date they have done most of the coring and have said they have almost all the plant at their facility...so should be a quick process. Est completion date is June 20, but recall that we were successful in securing a 30 -day extension from FDOT (to July 30) to have all the paperwork completed. • City median landscaping — I spoke to Brad Goodbread last week and he said they had some 180 +1- trees dedicated to our medians that "have been setting on the rack" ready for installation and will try to schedule in the next few weeks. Page 3 End.... Business Tax Receipt Fees To: Mayor and City Council Provided by: Administrator Whitehall Finance Director Riedel For: August 20th Meeting City of Okeechobee currently provides Business Tax Receipt collection by virtue of Ordinance 679. The fees have not been amended sine 1995 (18 years). The Florida Statute reiterates, fee amounts can be amended up to 5% every other year if the City had complied with the Equity Study Commission and its procedures. The City completed the study in 1995 and at that time the fees were adjusted based on the recommendation. Comprehensive research was conducted in 2007 of surrounding governmental entities procedures, implementation, and their fee structure. Many districts had completed the Equity Study and have initiated and approved increases based on the 5% every other year ruling. The City of Okeechobee has not adjusted nor amended its fee structure or amounts since the 1995 study. Reviewing the number of BTR's active with the city, a 5% change in the fees would generate approximately, $2,900 per year in increased revenue. This revenue would not be realized until next fiscal year as all renewal notices are based on the current fee structure. The majority of business tax receipts issued are $50.00, an amendment of 5% would increase this amount to $52.50 or $2.50. The highest increase would be $25.00 for a large retail store (over 50,000 gross square feet) from $500.00 to $525.00 (at this time we have one business in this category). APPENDIX D CareerSource IW RESEARCH COAST Un®ID D@Dicl®u April 18, 2014 The unemployment rate in the CareerSource Research Coast region was 7.5 percent in March 2014. The March 2014 rate was 1.3 percentage points below the region's rate a year ago. but 1.1 percentage points above the March 2014 state rate of 6.4 percent. From a labor force of 278,933 there were 21,044 unemployed residents in the region. Unemployment Rates* March 2014 February 2014 March 2013 February 2013 March 2012 February 2012 CareerSource Research 7.5 7.7 8.8 - - - Coast Region Indian River County 7.6 7.7 63,352(Pr 8.8 63.352 9.3 63.335 10.1 64,652 10.5 64.542 Martin County 6.5 6.6 66.355(Pr 7.4 64.976 7.9 64,254 8.8 65262 9.2 65.041 Okeechobee County 7.4 7.5 18.290(P) 8.4 18 442 8.8 19.613 9.5 15 80- 10.0 18 740 St. Lucie County 8.1 8.3 129 407(P, 9.5 127 195 10.0 126.957 10.9 127776 11.3 127.320 Florida+ 6.4 (6.3) 6.3 (6.2) 7.4 (7.7) - - - United States+ 6.8 (6.7) 7.0 (6.7) 7.6 (7.5) - - - +Find seasonally adjusted rate in parenthesis. P= Preliminary 'Monthly employment and unemployment rates (not seasonally adjusted) at the state and local levels may have sharp fluctuations due to seasonal events that follow a somewhat regular pattern each year. Seasonal events include tourism. agricultural harvests. holidays. and the opening and closings of schools. The effects these events have on labor statistics can be eliminated through seasonal adjustment. a statistical technique that smoothes the seasonal impacts and makes it easier to observe under- lying trends. Seasonally adjusted unemployment rate estimates are available for Florida. and metropolitan areas on a lagged basis. but are not available for all counties. Seasonally adjusted nonagricultural employment is available for Florida by industry and for selected metro areas at the total level only. Seasonal increases in Florida employment in March 2014 were mainly in tourism. Agricultural employment was nearing its seasonal peak in most of the state. Schools were still in session during March. Lowest Unemployment Rate Monroe and Walton counties had the state's lowest unem- ployment rate (3.8 percent each) in March 2014, followed by Okaloosa County (4.8 percent); and Alachua and Sum- ter counties (5.0 percent each). Many of the counties with the lowest unemployment rates were those with relatively high proportions of government employment. Industries Gaining and Losing the Most Jobs (over the year) Port St. Lucie Metropoli- tan Statistical Area Mining. Logging and Construction Manufacturing Wholesale Trade Retail Trade Professional and Business Services Education & Health Svcs Leisure and Hospitality Government 200 -200 -300 500 600 1.100 700 200 Sebastian -Vero Beach Metropolitan Statistical Mining. Logging and Construction Manufacturing Retail Trade Financial Activities Professional and Business Services Leisure and Hospitality Other Services 200 100 200 -100 -100 100 200 Highest Unemployment Rate Flagler County had the highest unemployment rate (9.3 percent), followed by Hendry County (9.1 percent); Hamil- ton County (8.7 percent); and Hernando, Madison, and Putnam counties (8.5 percent each). There were no coun- ties with double -digit unemployment rates for March or February. In March 2014, there were 606,000 unemployed Floridians and 260,016 advertised job openings in the state (Help Wanted OnLine), a ratio of 2.3 job seekers to every adver- tised job, up from 2.1 in February. Next release will be May 16, 2014 Administrative Offices 584 NW University Boulevard, Suite 100 I Port Saint Lucie, FL 34986 1.866.4U2.HIRE An equal opportunity emploverlprograrn. Auxiliary ads and services are available upon request to individuals with disaodnies All votce telephone numbers cn this document may be reached by persons using TTY /'DD equrprnent v,a the rloada Relay Service at 711 - collaborate. innovate. lead. careersourcerc.corn