2016-02-025ab
CITY OF OKEECHOBEE
FEBRUARY 2, 2016, REGULAR CITY COUNCIL MEETING
55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974
SUMMARY OF COUNCIL ACTION
PAGE 1 OF 8
I AGENDA I COUNCIL ACTION - DISCUSSION - VOTE �
I. CALL TO ORDER — Mayor
February 2, 2016, City Council Regular Meeting, 6:00 P.M.
II. OPENING CEREMONIES
Invocation to be given by Nancy Vaughan, First United Methodist Church;
Pledge of Allegiance to be led by Mayor Kirk
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Mike O'Connor
Council Member Gary Ritter
Council Member Dowling R. Watford, Jr.
City Administrator Marcos MontesDeOca
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 the week of February 21 — 27, 2016 as "National Engineers Week."
Mayor Kirk called the February 2, 2016, Regular City Council meeting to order at 6:00 P.M.
Ms. Vaughan, Director of Children's Ministry of the First United Methodist Church offered the invocation; the Pledge
of Allegiance was led by Mayor Kirk.
City Clerk Gamiotea called the roll:
Present
Present
Present
Absent
Present
Present
Present
Present
Present
Present
Present
Present
Mayor Kirk presented the proclamation to Mr. Marcos MontesDeOca, on behalf of the Treasure Coast Chapter of
the Florida Engineers Society, and read the following: "Whereas, engineers have used their scientific and
technical knowledge and skills in creative and innovative ways to fulfill society's needs; and Whereas,
engineers face the major technological challenges of our time — from rebuilding towns devastated by
natural disasters to designing an information superhighway that will speed our country into this new
century; and Whereas, engineers are encouraging our young math and science students to realize the
practical power of their knowledge; and Whereas, we will look more than ever to engineers and their
knowledge and skills to meet the challenges of the future; 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 February 21-27,
2016 as "National Engineers Week" in the City of Okeechobee."
FEBRUARY 2.2016 — REGULAR MEETING -PAGE 2 OF 8 50
AGENDA COUNCIL ACTION - DISCUSSION —VOTE
V. AGENDA - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
VI. MINUTES —City Clerk
A. Motion to dispense with the reading and approve the Summary of Council
Action for the January 19 2016, Regular Meeting.
VII. OPEN PUBLIC HEARING FOR FINAL ADOPTION OF ORDINANCES — Mayor
A.1.a) Motion to read proposed Ordinance No. 1131 by title only, regarding City
of Okeechobee Municipal Police Officers' Pension Trust Fund — City
Attorney (Exhibit 1).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 1131 by title only
2.a) Motion to adopt proposed Ordinance No. 1131
b) Public comments and discussion.
Mayor Kirk asked whether there were any additions, deferrals, or withdrawals on today's agenda. There were none.
Motion and second by Council Members Chandler and O'Connor to dispense with the reading and approve the
Summary of Council Action for the regular meeting of January 19, 2016. There was no discussion on this item.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — ABSENT WATFORD — YEA MOTION CARRIED.
MAYOR KIRK OPENED THE PUBLIC HEARING FOR FINAL ADOPTION OF ORDINANCES AT 6:06 P.M.
Motion and second by Council Members Watford and Chandler to read proposed Ordinance No. 1131 by title only,
regarding amendments to the City of Okeechobee Municipal Police Officers' Pension Trust Fund.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — ABSENT WATFORD — YEA MOTION CARRIED.
City Attorney Cook read proposed Ordinance No. 1131 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST
FUND, ADOPTED PURSUANT TO ORDINANCE 888, AS SUBSEQUENTLYAMENDED; AMENDING SECTION 1,
DEFINITIONS; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 8,
DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15,
MAXIMUM PENSION; AMENDING SECTION 16, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING
SECTION 27, PRIOR POLICE SERVICE; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN,
ADDING SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA BENEFITS; CHAPTER 185
SHARE ACCOUNTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABIL►TY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE."
Motion and second by Council Members Chandler and O'Connor to adopt proposed Ordinance No. 1131.
Mayor Kirk asked whether there were any questions or comments from the public. There were none. The proposed
amendments come as a recommendation from the Board of Trustees of the Police Officers Pension Trust Fund. The
amendments change the definition of Actuarial Equivalent, Credited Service, and Spouse. Amend Normal Retirement
Date to include language regarding normal retirement age and normal retirement date in the Benefit Amounts and
Eligibility section. Change Disability Benefits to better identify individuals who may be eligible to apply when
terminated due to medical reasons.
FEBRUARY 2, 2016 - REGULAR MEETING - PAGE 3 OF 8
VII. PUBLIC HEARING FOR FINAL ADOPTION OF ORDINANCES CONTINUED
A.2.b) Public comments and discussion for Ordinance No.1131 continued.
c) Vote on motion.
B.1.a) Motion to read proposed Ordinance No. 1132 by title only, regarding City of
Okeechobee and Okeechobee Utility Authority Employees' Retirement
System — City Attorney (Exhibit 2).
b) Vote on motion to read by title only.
Optional Forms of Benefits amendments clarifies, the partial lump sum option, will be calculated on 20 percent of the
total actuarial equivalent value of the members benefit; and should proof of good health of a joint pensioner who is
being replaced is not provided, the actuary will assume that the joint pensioner is deceased when calculating the
revised benefit amount. Multiple sections were amended to comply with Internal Revenue Code (IRC) changes within
the Maximum Pension section. Minimum Distribution was amended to clarify a reference. The Prior Police Service
section is amended to correct a reference. Deferred Retirement Option Plan (DROP) is amended to clarify investment
returns when interest and earnings are calculated and paid and add sections to clarify the DROP provisions. Add a
new section, Supplemental Benefit Component for Special Benefits, to be known as the 'Share Plan', (defined
contribution component). This provides a share account for each member, to be funded solely and entirely by
premium tax monies for each plan year that funding is made available. This supplement benefit may or may not be
funded and is governed by Florida Statutes 185 and/or a mutual agreement between the City and the plan members.
If funded, at retirement, vested termination, disability or death, there is an additional lump sum benefit paid to the
member. The members account allocations are based on a formula using years of credited service. Other allocation
methods could be considered, should they be requested by the plan membership. Each share account receives its
proportionate share of the income or loss on the assets in the plan.
As noted at the first reading held January 19, 2016, Council Member Watford's questions were forwarded to
Pension Attorney Christiansen, with response being the amendments originated due to recent changes to the Laws
of Florida (Chapter 2015-39, covering Governmental Accounting Standards Board requirements), and to the IRC
with its associated Regulations. When employees receive paid accrued leave time benefits in lieu of being absent,
the time is not counted toward credit service. The clarification in the disability section does not assume an
employees is automatically eligible, it still has to be proven. The DROP program is not required, but is offered. As
required, City Clerk Gamiotea stated for the record, the proposed ordinance, Pension Actuarial Statement, and the
Statement of No Fiscal Impact signed by Trustee Chairperson, Dennis Davis, was sent to the State Department of
Retirement with no comments received to date.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — ABSENT WATFORD — YEA MOTION CARRIED.
Motion and second by Council Members Watford and Chandler to read proposed Ordinance No. 1132 by title only,
regarding amendments to the City of Okeechobee (General Employees') and Okeechobee Utility Authority (OUA)
Employees' Retirement System.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — ABSENT WATFORD — YEA MOTION CARRIED.
FEBRUARY 2, 2016 - REGULAR MEETING - PAGE 4 OF 8
VII. PUBLIC HEARING FOR FINAL ADOPTION OF ORDINANCES CONTINUED
B.1.c) City Attorney to read proposed Ordinance No.1132 by title only.
2.a) Motion to adopt proposed Ordinance No.1132.
b) Public comments and discussion.
City Attorney Cook read proposed Ordinance No.1132 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY
EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 1053, AS
SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS; AMENDING SECTION 2, MEMBERSHIP,
AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 8, DISABILITY;
AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 14, MAXIMUM PENSION;
AMENDING SECTION 15, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING SECTION 25,
REEMPLOYMENT AFTER RETIREMENT, AMENDING SECTION 27, PRIOR GOVERNMENT SERVICE;
AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN, PROVIDING FOR CODIFICATION,
PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE."
Motion and second by Council Members O'Connor and Watford to adopt proposed Ordinance No. 1132.
Mayor Kirk asked whether there were any questions or comments from the public. There were none. The proposed
amendments come as a recommendation from the Board of Trustees of the City General Employees and OUA
Retirement System. The amendments change the definition of Actuarial Equivalent, Credited Service, and Spouse.
Amend the Membership section to limit those individuals eligible to opt -out of the system to comply with recent IRC
Treasury Regulation requirements. Normal Retirement Date to include language regarding normal retirement age and
normal retirement date in the Benefit Amounts and Eligibility section. Change Disability Benefits to better identify
individuals who may be eligible to apply when terminated due to medical reasons. Optional Forms of Benefits
amendments clarifies, the partial lump sum option, will be calculated on 20 percent of the total actuarial equivalent
value of the members benefit; and should proof of good health of a joint pensioner who is being replaced is not
provided, the actuary will assume that the joint pensioner is deceased when calculating the revised benefit amount.
Multiple sections were amended to comply with IRC changes within the Maximum Pension section. Minimum
Distribution has a reference clarification. The Prior Government Service section is amended to correct a reference.
Deferred Retirement Option Plan (DROP) is amended to clarify investment returns when interest and earnings are
calculated and paid and add sections to clarify the DROP provisions.
As noted at the first reading held January 19, 2016, Council Member Watford's questions were forwarded to
Pension Attorney Christiansen, with response being the amendments originated due to recent changes to the Laws
of Florida (Chapter 2015-39, covering Governmental Accounting Standards Board requirements), and to the IRC
with its associated Regulations. When employees receive paid accrued leave time benefits in lieu of being absent,
the time is not counted toward credit service. The clarification in the disability section does not assume an
employees is automatically eligible, it still has to be proven. The DROP program is not required, but is offered.
51D
FEBRUARY 2.2016 - REGULAR MEETING - PAGE 5 OF 8
VII. PUBLIC HEARING FOR FINAL ADOPTION OF ORDINANCES CONTINUED
B.2.b) Public comments and discussion on proposed Ordinance No. 1132
continued.
c) Vote on motion.
C.1.a) Motion to read proposed Ordinance No. 1133 by title only, regarding City of
Okeechobee Municipal Firefighters' Pension Fund — City Attorney (Exhibit
3).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 1133 by title only
2.a) Motion to adopt proposed Ordinance No. 1133.
b) Public comments and discussion.
c) Vote on motion.
City Clerk Gamiotea stated for the record, the proposed ordinance, Pension Actuarial Impact Statement, and the
Statement of No Fiscal Impact signed by Trustee Chairperson, Jamie Mullis, was sent to the State Department of
Retirement with no comments received to date.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — ABSENT WATFORD — YEA MOTION CARRIED.
Motion and second by Council Members Watford and Chandler to read proposed Ordinance No. 1133 by title only,
regarding amendments to the City of Okeechobee Municipal Firefighters' Pension Fund.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — ABSENT WATFORD — YEA MOTION CARRIED.
City Attorney Cook read proposed Ordinance No. 1133 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE FURTHER AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION
FUND, ADOPTED PURSUANT TO ORDINANCE 889, AS SUBSEQUENTLYAMENDED; AMENDING SECTION 1,
DEFINITIONS; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY, AMENDING SECTION 8,
DISABILITY, AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15,
MAXIMUM PENSION; AMENDING SECTION 16, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING
SECTION 27, PRIOR FIRE SERVICE; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN,
ADDING SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA BENEFITS; CHAPTER 175
SHARE ACCOUNTS; PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE."
Motion and second by Council Members O'Connor and Chandler to adopt proposed Ordinance No. 1133.
Mayor Kirk asked whether there were any questions or comments from the public. There were none. The proposed
amendments come as a recommendation from the Board of Trustees of the Firefighters Pension Trust Fund. The
amendments change the definition of Actuarial Equivalent, Credited Service, Firefighter and Spouse. Amend Normal
Retirement Date to include language regarding normal retirement age and normal retirement date in the Benefit
Amounts and Eligibility section. Change Disability Benefits to better identify individuals who may be eligible to apply
when terminated due to medical reasons.
FEBRUARY 2, 2016 - REGULAR MEETING - PAGE 6 OF 8
5//
VII. PUBLIC HEARING FOR FINAL ADOPTION OF ORDINANCES CONTINUED
C.2.b) Public comments and discussion on proposed Ordinance No. 1133
continued.
c) Vote on motion.
CLOSE PUBLIC HEARING — Mayor
Vill. NEW BUSINESS
A. Motion to approve the ranking and enter contract negotiations for RFQ No.
01-16, Grant Administration Services — City Administrator (Exhibit 4).
Optional Forms of Benefits amendments clarifies, the partial lump sum option, will be calculated on 20 percent of the
total actuarial equivalent value of the members benefit; and should proof of good health of a joint pensioner who is
being replaced is not provided, the actuary will assume that the joint pensioner is deceased when calculating the
revised benefit amount. Multiple sections were amended to comply with IRC changes within the Maximum Pension
section. Minimum Distribution has a reference clarification. The Prior Government Service section is amended to
correct a reference. Deferred Retirement Option Plan (DROP) is amended to clarify investment returns when interest
and earnings are calculated and paid and add sections to clarify the DROP provisions. Add a new section,
Supplemental Benefit Component for Special Benefits, to be known as the 'Share Plan', (defined contribution
component). This provides a share account for each member, to be funded solely and entirely by premium tax monies
for each plan year that funding is made available. This supplement benefit may or may not be funded and is governed
by Florida Statutes 175 and/or a mutual agreement between the City and the plan members. If funded, at retirement,
vested termination, disability or death, there is an additional lump sum benefit paid to the member. The members
account allocations are based on a formula using years of credited service. Other allocation methods could be
considered, should they be requested by the plan membership. Each share account receives its proportionate share
of the income or loss on the assets in the plan.
As noted at the first reading held January 19, 2016, Council Member Watford's questions were forwarded to
Pension Attorney Christiansen, with response being the amendments originated due to recent changes to the Laws
of Florida (Chapter 2015-39),Governmental Accounting Standards Board requirements, and to the IRC with its
associated Regulations. When employees receive paid accrued leave time benefits in lieu of being absent, the time
is not counted toward credit service. The clarification in the disability section does not assume an employees is
automatically eligible, it still has to be proven. The DROP program is not required, but is offered. City Clerk
Gamiotea stated for the record, as required by law, the proposed ordinance, Pension Actuarial Impact Statement,
and the Statement of No Fiscal Impact signed by Trustee Chairperson, John Koepke, was sent to the State
Department of Retirement with no comments received to date.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — ABSENT WATFORD — YEA MOTION CARRIED.
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M.
Council Member Watford moved to approve the ranking and enter contract negotiations for Request For
Qualifications (RFQ) No. 01-16, Grant Administration Services with LAT & Associates, LLC, as presented (by the
Ranking Committee); seconded by Council Member Chandler.
5I2
FEBRUARY 2.2016 - REGULAR MEETING - PAGE 7 OF 8
Vill. NEW BUSINESS
A. Motion to approve the ranking and enter contract negotiations for RFQ No.
01-16, Grant Administration Services continued.
B. Motion to award Bid No. PW 01-10-01-16 for Landscape Maintenance — City
Administrator (Exhibit 5).
Council Member Watford moved to approve the ranking and enter contract negotiations for Request For
Qualifications (RFQ) No. 01-16, Grant Administration Services with LAT & Associates, LLC, as presented (by the
Ranking Committee); seconded by Council Member Chandler.
The RFQ was let on January 6, published in the Okeechobee News and the Treasure Coast Tribune newspaper. One
packet was received, with another after the deadline. The Ranking Committee comprised of Administrator
MontesDeOca, Administrative Assistant Brock, Finance Director Riedel and Mayor Kirk, met at a duly noticed meeting
on January 29, 2016, for the purpose of reviewing and ranking the submittals received. LAT & Associates is owned by
Ms. Lillian A. Tomeu, and is a local company which Administrator MontesDeOca has worked with since 2005 on
multiple grant projects. Council Member Watford asked whether this service will be utilized for all City grants to which
the Administrator replied, this will be for specific projects. The contract approval will be considered at a future meeting
(unless negotiations return a contract less than $7.500.00 which can be awarded and executed by the Administrator).
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — ABSENT WATFORD — YEA MOTION CARRIED.
Motion and second by Council Members Watford and Chandler to award (a Vendor Preference) Bid No. PW
01-10-01-16, for Landscape Maintenance, to JMC Landscaping Services, Inc., in the amount of $25,200.00
annually, as recommended by City Staff.
The current contractor, Integrity Lawns, LLC, was awarded a contract on September 28, 2015, and has not been able
to resolve several issues, nor provide the service as required. Bids were received today at 11:00 A.M. Exhibit Five lists
JMC Landscaping Services, Inc., of Okeechobee, as well as the only other bid offered, STS Maintain Services, Inc., of
Palm City in the amount of $24,780.00. Since JMC is within the local vendor preference percentage, Staff is
requesting City Council consider awarding the bid to them. Upon further discussion regarding the termination of the
existing contract, a motion to amend was offered.
Council Member Watford moved to amend the motion to include terminating Contract Bid No. 02-10.08-15
with Integrity Lawns, LLC effective today; seconded by Council Member Chandler.
VOTE ON MOTION TO AMEND:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — ABSENT WATFORD — YEA MOTION TO AMEND CARRIED.
FEBRUARY
2016 - REGULAR MEETING - PAGE 8 OF 8 Did
VIII. NEW BUSINESS CONTINUED
B. Motion to award Bid No. PW 01-10-01-16 for Landscape Maintenance
continued.
C. Consider a Temporary Street Closing Application to close Southwest 2nd, 3rd,
and 4th Avenues between North and South Park Streets from 5:00 P.M. on
March 11 to 5:00 P.M. March 13, 2016, for the Annual Speckled Perch
Festival — City Administrator (Exhibit 6).
D. Motion to ratify the appointment of Ms. Jackie Dunham, replacing Mrs. Melisa
Jahner, to the City General Employees/OUA Pension Fund Board of Trustees
for a term ending December 31, 2017 — City Clerk.
IX. ADJOURNMENT — 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. Citxr Clerk tgedia are for the sole purpose
of backup for official records of the Clerk. /J
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CM , City Clerk
VOTE ON MOTION AS AMENDED:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — ABSENT WATFORD — YEA MOTION CARRIED AS AMENDED.
Motion and second by Council Members O'Connor and Chandler to approve a Temporary Street Closing Application
submitted by Okeechobee Main Street to close Southwest 2nd, 3rd, and 4th Avenues between North and South Park
Streets, from 5:00 P.M., March 11 to 5:00 P.M., March 13, 2016, for the Annual Speckled Perch Festival.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — ABSENT WATFORD — YEA MOTION CARRIED.
Council Member Watford moved to ratify the appointment of Ms. Jackie Dunham as the Fund Appointed Member to
the City General Employees and OUA Pension Fund Board of Trustees, for a term ending December 31, 2017,
replacing Mrs. Melisa Jahner; seconded by Council Member O'Connor. Council extended their appreciation to Ms.
Dunham for her willingness to serve. Also, at this time, they thanked Mrs. Jahner for her dedication and service to
the City and wished her the best in her future endeavor.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — ABSENT WATFORD — YEA MOTION CARRIED.
There being no further discussion, nor items on the agenda, Mayor Kirk adjourned the meeting at 6:24 P.M. The
next Regular Meeting will be February 16, 2016.
4WIMDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the Publisher of the Okeechobee
News, a three times a week Newspaper published at Okeechobee,
in Okeechobee County, Florida, that the attached copy of
advertisement being a,
in the matter of
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
!l,;I-q1�(0
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 further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to and suWribed fore me this
" � day of r L� AD
Notary Public, State of Florlda at Large
+" AWE BRIDGES
MY COMMISSION N EE 1T7653
„, g` EXPIRES: Apri120, 2016
�'• cs try R Bonded Thru Notary Public Underwriters
rei, �, ;O)& . i,&
rr� a el�Wy
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
PUBLIC NOTICE
CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN that the Cdy Council for the O of Okeecho-
bee will conduct a regular meeting on Tues, Feb 2 2016, 6 PM, or as
soon thereafter as possible, at Cl y Hall, "" 3rd Ave, Rm 200, Okeecho-
bee, FL The public is invited and encouraged to attend. The agenda may
be obtained from cityofokeechobee.com or by rolling the Office of the City
Administrator, 863-763-3372 x212.
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 accommodatlon'to par-
ticipate in this proceeding, contacttheCity Clerk's Office no later than two
business days prior to proceeding, 863-763-3372.
E ADVISED that should you intend to show ar
items to the Council in support or opposition I
copy of the document, picture, video, or item
ly Clerk for the City's fecords.
IV.
CITY OF OKEECHOBEE
55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974
FEBRUARY 2, 2016
REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
CALL TO ORDER - Mayor: February 2, 2016, City Council Regular Meeting, 6:00 p.m.
OPENING CEREMONIES: Invocation given by Nancy Vaughan, First United Methodist Church;
Pledge of Allegiance led by Mayor.
MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk
Mayor James E. Kirk y,'
Council Member Noel Chandler
Council Member Mike O'Connor;/
Council Member Gary Ritter Au-x+
Council Member Dowling R. Watford, Jr.
City Administrator Marcos Montes De Oca
City Attorney John R. Cook
City Clerk Lane Gamiotea V1
Deputy Clerk Melisa Jahner ,
Police Chief Denny Davis
Fire Chief Herb Smith J�
Public Works Director David Allen
PROCLAMATIONS AND PRESENTATIONS - Mayor
A. Proclaim the week of February 21 — 27, 2016 as "National Engineers Week."
PAGE 1 OF 4
E
V. AGENDA - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's agenda. -Itmc)
VI. MINUTES - City Clerk
A. Motion to dispense with the reading and approve the Summary of Council Action for the January 19, 2016 Regular Meeting.
VII. OPEN PUBLIC HEARING FOR FINAL ADOPTION OF ORDINANCES - Mayor
A.1.a) Motion to read proposed Ordinance No. 1131 by title only�regarding City of Okeechobee Municipal Police Officers Pension Trust Fund - City Attorney
(Exhibit 1).
b) Vote on motion to read by title only. � `n
c) City Attorney to read proposed Ordinance No. 1131 by title only.
2.a) Motion to adopt Ordinance No. 1131.,�
b) Public comments and discussion. ,/}t,py-X-,- 'ILA Z=,��
c) Vote on motion. /YX. N� . ,aa--rx-e
B.1.a) Motion to read proposed Ordinance No. 1132 by title only regarding Ci�of Okeechobee and Okeechobee Utility Authority Employees Retirement
System - City Attorney (Exhibit 2).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 1132bytitle only.
2.a) Motion to adopt Ordinance No. 1132. `7-a t " , �p
b) Public comments and discussion. v �° '�'' ` '� — ty-
c) Vote on motion.
February 2, 2016 PAGE 2 of 4
0
VII. PUBLIC HEARING FOR FINAL ADOPTION OF ORDINANCES CONTINUED
C.1.a) Motion to read proposed Ordinance No. 1133 by title only regarding City of Okeechobee Municipal Firefighters Pension Fund — City Attorney
(Exhibit 3).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 1133.
2.a) Motion to adopt Ordinance No. 1133. - q1 L
b) Public comments and discussion. /X-
c) Vote on motion.
CLOSE PUBLIC HEARING 6 �'/�
VIII. NEW BUSINESS
A. Moti n tq approve the ranking and enter contract negotiations for RFQ 01-16, Grant Administration Services —City Administrator (Exhibit 4).
" -/tb-
B. Motion to award Bid No. PW 01-10-01-16 for Landscape Maintenance — City Administrator (Exhibit 5).
C. Consider a Temporary Street Closing Application to close SW 2rid, 3rd, and 4th Avenues between North and South Park Streets from 5 pm on March 11,
2016 to 5 pm on March 13, 2016 for the Annual Speckled Perch Festival — City Administrator (Exhibit 6).
February 2, 2016 PAGE 3 of 4
C
Vill. NEW BUSINESS CONTINUED
D. Motion to ratify the appointment of Jackie Dunham, replacing Melisa Jahner, to the City General Employees/OUA Pension Fund Board of Trustees for a
term ending December 31, 2017 - City Clerk ICA" `
IX. ADJOURN�� ,
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 recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with
Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later
than two business days prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document,
picture, video, or item must be provided to the City Clerk for the City's records.
February 2, 2016 PAGE 4 of 4
Vow
cryt
't)o
I eAIVLc6&l'
p
It
', A
office of t�e mgor
Okeec�o6ee, Floriba h'
�^ IEREAS, engineers have used their scientific and technical knowledge and skills in creative arty
innovative ways to fulfill society's needs; and
`t MEREAS, engineers face the major technological challenges of our time -from rebuilding towns,,-",r
devastated by natural disasters to designing an information superhighway that will speed our
country into this new century, and
WHEREAS, engineers are encouraging our young math and science students to realize the practical
power of their knowledge, and
WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the
challenges of the future.
NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of
Okeechobee, Florida, do hereby proclaim February 21 - 27, 2016 as "NATIONAL ENGINEERS
WEEK" in the City of Okeechobee.
In witness whereof, on February 2, 2016, I have
set d and caused this seal to be affixed
d,
James E. Kirk, Mayor
Attest.
Lane Gamiotef, CMC, City Clerk
rq by.s
ati.C.+Cew�
Exhibit 1
Law Offices ,, Feb 2, 2016
Christiansen & Dehner, P.A.
63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 • 941-377-2200 • Fax 941-377-4848
November 6, 2015
Mr. Marcos Montes De Oca
City Administrator
City of Okeechobee
55 S.E. 3RD Avenue
Okeechobee, FL 34974-2032
Re: City of Okeechobee Municipal Police Officers' Pension Trust Fund - Proposed
Ordinance
Dear Mr. Montes De Oca:
I represent the Board of Trustees of your City of Okeechobee Municipal Police Officers'
Pension Trust Fund. Enclosed please find a proposed ordinance amending the City of Okeechobee
Municipal Police Officers' Pension Trust Fund that has been approved by the Board and
recommended for adoption by the City Council. With the recent adoption by the Florida Legislature
of Chapter 2015-39, Laws of Florida, and changes to the Internal Revenue Code (IRC) and its
associated Regulations, as well as guidance from the Internal Revenue Service (IRS), the following
amendments to the pension plan are proposed:
1. Section 1, Definitions, is being amended for IRC changes and requirements, to
amend the definitions of
a. Actuarial Equivalent - to amend the definition to incorporate the Mortality
Table currently being used by the plan's actuary
b. Credited Service - to clarify IRC regulations on leave conversions
C. Spouse - To clarify the definition in accordance with a recent US Supreme
Court ruling
2. Section 6, Benefit amounts and eligibility, is being amended to change the Normal
Retirement Date to include IRC required language regarding Normal Retirement Age
and Normal Retirement Date.
3. Section 8, Disability, is being amended to more clearly identify those individuals who
may be eligible to apply for a disability pension who have been terminated by the
City due to medical reasons.
4. Section 10, Optional Forms of Benefits, has been amended to:
Ms. Montes De Oca
November 6, 2015
Page 2
a. Amend the optional form of benefit known as a partial lump sum option
(PLOP), to clarify that the percentage chosen is calculated as a percent of the
total actuarial equivalent value of the member's benefit.
b. Amend subsection 2. to clarify that if proof of good health of a joint
pensioner who is being replaced is not provided, the actuary will assume that
the joint pensioner is deceased for purposes of calculating the revised benefit
amount.
5. Section 15, Maximum Pension, has had several subsections amended to comply with
IRC changes.
6. Section 16, Minimum Distribution of Benefits, is being amended for a reference
clarification in subsection 2.B.(4).
7. Section 27, Prior Police Service, subsection 5., is being amended to correct a
reference.
8. Section 28, Deferred Retirement Option Plan, is being amended in accordance with
recent direction from the IRS in connection with the issuance of several recent
Favorable Determination Letters to: i) clarify investment returns on DROP accounts,
ii) clarify when interest.and earnings are calculated and paid, and iii) add several
sections clarifying the DROP provisions as required by the IRS.
9. Section 30, Supplemental Benefit Component for Special Benefits; Chapter 185
Share Accounts, is a new Section being added to the plan. This Section creates a
'Share Plan', or defined contribution component, and the addition of a share plan is
a requirement of recently adopted Chapter 2015-39, Laws of Florida, for all pension
plans that are subject to the provisions of Chapters 175 and 185, Florida Statutes.
This Share Plan provides for a share account for each member of the plan. The Share
Plan is to be funded solely and entirely by Chapter 185, Florida Statutes, premium
tax monies for each plan year that funding is made available to it in accordance with
governing Florida Statutes and/or mutual agreement between the City and the plan
members. This supplemental benefit, therefore, may or may not be funded.
If the share plan is funded, at retirement, termination (vested), disability or death,
there is an additional lump sum benefit paid to the eligible member. In this ordinance
available share plan funding is allocated to the members' accounts based on a formula
which provides an allocation based on years of credited service. Other allocation
methods (i.e. equal allocation) could be considered if requested by the plan
membership. Each share account receives its proportionate share of the income or
loss on the assets in the plan.
Ms. Montes De Oca
November 6, 2015
Page 3
I am enclosing a copy of a letter from the Board's actuary, Gabriel Roeder Smith & Company,
indicating that there is no cost associated with the adoption of this ordinance. If you or any member
of your staff have any questions with regard to this ordinance, please feel free to give me a call. In
addition, if you feel it would be appropriate for me to be present at the meeting at which this
ordinance is considered by the City Council, please contact my office to advise me of the date that
the ordinance would be considered.
VYoursvey,
Scott R. Christiansen
SRC/dm
enclosure
cc: Bettye Taylor
Janet McKinley
cm
n
Gabriel Roeder Smith & Comparry
GRS Consulunrs & Actuaries
October 28, 2015
Detective Bettye Taylor
City of Okeechobee
50 SF , 2nd Avenue
Okeechobee, FL 34974-4221
Ona East Broward Blvd.
Suite 505
R Lauderdale, FL 33301-1804
Re: Okeechobee Municipal Police Officers' Pension Trust Fund
Actuarial Impact Statement for Proposed Ordinance
Dear Bettye:
954.527.1616 pbone
954.525.0083 fax
www.gahrielroedencom
We have reviewed the proposed ordinance amending the Okeechobee Municipal Police Officers'
Pension Trust Fund drafted by Scott Christiansen and dated September 25, 2015. This ordinance
would amend the Plan as follows:
• Changes the definitions ofActuarial Equivalent to use a new mortality table, Credited Service to
reflect IRC changes and requirements, and spouse to reflect a Supreme Court ruling.
• Includes IRC required language regarding Normal Retirement Age.
• More clearly includes members terminated from the Cityfor medical reasons who may be eligible
for a disability pension.
• For Partial Lump Strut Option (PLOP), clarifies that the amount is 20% of the iota] actuarial
equivalent value of the member's benefit.
• Requires proof of good health of the current joi►:t pensioner for purposes of calculating revised
benefit amounts when there is a change in joint pensioner.
• Amends maximum peitsio» to comply with IRC changes.
• Amends minununt distribution of beneftsfor a reference clarification in subsection 2.B.(4).
• Amends prior police service to correct a reference in subsection 5.
• Amends Deferred ,Retirement Option Plan (DROP)to clarify investment returns, when
interest and earnings are calculated and paial and adds clarifying language as required by
the M. .
• Creates a Share -Plan. as a Supplemental Bent Componeni for Special Benefits funded
by Chapter 185, Florida Statutes.
In our opinion, this amendment will have no actuarial impact on the Plan.
Detective Bettye Taylor
City of Okeechobee
October 28, 2015
Page 2
The attached Statement must be filed with the Division of Retirement before the final public hearing
on the ordinance. Please have a member of the Board of Trustees sign the Statement. Then send
the Statement along with a copy of the proposed ordinance to Tallahassee.
Theora P Bracaialarghe and Jeff Amrose are members of the American Academy of Actuaries and
meet the Qualification Standards of the American Academy of Actuaries to render the actuarial
opinions contained herein. The undersigned actuaries are independent of the plan sponsor.
This report has been prepared by actuaries who have substantial experience valuing public
employee retirement systems. To the best of our knowledge the information contained in this report
is accurate and fairly presents the actuarial position of the Plan as ofthe valuation date
Respectfully submitted,
Theom P. Braccialarghe, FSA, MAAA
Enrolled Actuary No. 14-2826
CV. Scott Christiansen, Plan Attorney
Dennis Davis, Board Chair
Janet McKinley
+Amrose,AAA
Enrolled Actuary No. 14-6599
Gabriel Roeder Smith & Company
M
CM
OREWHOBBE HUMC3PAL POLICE OMCERS' PENSION TRUST FUND
Impact Statement— October 28, 2015
Description ofAmendment
The proposed ordinance amends the plan as follows:
• Changes the definitions of Actuarial Bquivaleni to use a new mortality table. Credited Service to
reflect IRC changes and requirements, and spouse to reflect a Supreme Court ruling.
• Includes IRC required language regarding Normal Retirement Age.
• More clearly includes members terminated from the City for medical reasons who may be eligible
for a disability pension.
• For Partial Luitip Sum Option (PLOP), clarifies that the amount is 20°6 of the total actu -1al
equivalent value of the member's benefit.
• Requires proof of good health of the crrtreni joint pensioner for purposes of calculating revised
benefit amounts when there is a change in joint pensioner.
• Amends ma detain pension to comply with IRC changes.
• Amends mhdmuin distribution of benefits for a reference clarification in subsection 2.B. (4).
• Amends prior police service to correct a reference in subsection S.
• Amends Deferred Retirement Option Plan (DROP)to clam investment returns, when
interest and earnings are calculated and paid, and adds clarifying language as required by
the IRS
■ Creates a Share Plan as a Supplemental Benefit Component for Special Benefits funded
by Chapter 185, Florida Statutes.
Funding Implications of Amendment
There is no actuarial cost due to this ordinance.
Certification ofAdmWistra#or
I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14,
Article X of the Constitution of the State of Florida.
F the oard of Trustees
as Plan Administrator
Gabriel Roeder Smith & Company
ORDINANCE NO. 1131
AN ORDINANCE OF THE CITY OF OKEECHOBEE
AMENDING THE CITY OF OKEECHOBEE MUNICIPAL
POLICE OFFICERS' PENSION TRUST FUND, ADOPTED
PURSUANT TO ORDINANCE 888, AS SUBSEQUENTLY
AMENDED; AMENDING SECTION 1, DEFINITIONS;
AMENDING SECTION 6., BENEFIT AMOUNTS AND
ELIGIBILITY; AMENDING SECTION 8, DISABILITY;
AMENDING SECTION 10, OPTIONAL FORMS OF
BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION;
AMENDING SECTION 16, MINIMUM DISTRIBUTION OF
BENEFITS; AMENDING SECTION 27, PRIOR POLICE
SERVICE; AMENDING SECTION 28, DEFERRED
RETIREMENT OPTION PLAN; ADDING SECTION 30,
SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA
BENEFITS; CHAPTER 185 SHARE ACCOUNTS;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY OF PROVISIONS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee Police Officer employees are presently
provided pension and certain other benefits under Ordinances of the City of Okeechobee;
and
WHEREAS, it becomes necessary from time to time to amend said ordinances in
order to clarify or restate certain provisions of the ordinance, or to enact amendments to
comply with revised Federal regulations;
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:
SECTION 1: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by amending Section 1, Definitions, to amend the definitions of "Actuarial
Equivalent", "Credited Service" and "Spouse", to read as follows:
Actuarial Equivalent means that any benefit payable under the terms of this System
in a form other than the normal form of benefit shall have the same actuarial present value
on the date payment commences as the normal form of benefit. For purposes of
establishing the actuarial present value of any form of payment other than a lump sum
distribution, all future payments shall be discounted for interest and mortality by using
seven percent (7.0%) interest and the 11994 Groupi. _ for Males RP -
back five (5) years for disabled lives. This definition may only be amended by the City
pursuant to the recommendation of the Board using assumptions adopted by the Board
with the advice of the plan's actuary, such that actuarial assumptions are not subject to City
discretion.
Credited Service means the total number of years and fractional parts of years of
service as a Police Officer with Member contributions when required, omitting intervening
years or fractional parts of years when such Member was not employed by the City as a
Police Officer. A Member may voluntarily leave his Accumulated Contributions in the Fund
for a period of five (5) years after leaving the employ of the Police Department pending the
possibility of being reemployed as a Police Officer, without losing credit for the time that
he was a Member of the System. if a vested Member leaves the employ of the Police
Department, his Accumulated Contributions will be returned only upon his written request.
If a Member who is not vested is not reemployed as a Police Officer with the Police
Department within five (5) years, his Accumulated Contributions, if one -thousand dollars
($1,000.00) or less, shall be returned. If a Member who is not vested is not reemployed
within five (5) years, his Accumulated Contributions, if more than one -thousand dollars
($1,000.00), will be returned only upon the written request of the Member and upon
completion of a written election to receive a cash lump sum or to rollover the lump sum
amount on forms designated by the Board. Upon return of a Member's Accumulated
Contributions, all of his rights and benefits under the System are forfeited and terminated.
Upon any reemployment, a Police Officer shall not receive credit for the years and
fractional parts of years of service for which he has withdrawn his Accumulated
Contributions from the Fund, unless the Police Officer repays into the Fund the
contributions he has withdrawn, with interest, as determined by the Board, within ninety
(90) days after his reemployment.
The years or fractional parts of years that a Member performs "Qualified Military
Service" consisting of voluntary or involuntary "service in the uniformed services" as
defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA)
(P.L.103-353), after separation from employment as a Police Officer with the City to
perform training or service, shall be added to his years of Credited Service, for all
purposes, including vesting, provided that:
A. The Member is entitled to reemployment under the provisions of
USERRA.
B. The Member returns to his employment as a Police Officer within one
(1) year from the earlier of the date of his military discharge or his
release from active service, unless otherwise required by USERRA.
C. The maximum credit for military service pursuant to this paragraph
shall be five (5) years.
D. This paragraph is intended to satisfy the minimum requirements of
USERRA. To the extent that this paragraph does not meet the
minimum standards of USERRA, as it may be amended from time to
time, the minimum standards shall apply.
In the event a Member dies on or after January 1, 2007, while performing USERRA
Qualified Military Service, the beneficiaries of the Member are entitled to any benefits
(other than benefit accruals relating to the period of qualified military service) as if the
Member had resumed employment and then died while employed.
Beginning January 1, 2009, to the extent required by Section 414(u)(12) of the
Code, an individual receiving differential wage payments (as defined under Section
3401(h)(2) of the Code) from an employer shall be treated as employed by that employer,
and the differential wage payment shall be treated as compensation for purposes of
applying the limits on annual additions under Section 415(c) of the Code. This provision
shall be applied to all similarly situated individuals in a reasonably equivalent manner.
Spouse means the lawful wife or husband of a Member or Ret Members or
Retiree's spouse under applicable law at the time benefits become payable.
SECTION 2: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by amending Section 6, Benefit Amounts and Eligibility, subsection 1,
Normal Retirement Date, to read as follows:
1. Normal Retirement Age and Date.
.40,
SECTION 3: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by amending Section 8, Disability, subsection 1., Disability Benefits In -
Line of Duty, and subsection 3., Disability Benefits Not -In -Line of Duty, to read as follows:
Disability Benefits In -Line -of Dutv.
Any Memberwho shall become totallyand permanently disabled to the extent
that he is unable, by reason of a medically determinable physical or mental impairment,
to render useful and efficient service as a Police Officer, which disability was directly
caused by the performance of his duty as a Police Officer, shall, upon establishing the
same to the satisfaction of the Board, be entitled to a monthly pension equal to three
percent (3%) of his Average Final Compensation multiplied by the total years of Credited
Service, but in any event, the minimum amount paid to the Member shall be forty-two
percent (42%) of the Average Final Compensation of the Member. Terminated persons,
..
either vested or non -vested, are not eligible for disability benefits;—exeept that
tL_z
3. Disability Benefits Not -in -Line of Duty.
Any Member with five (5) years or more Credited Service who shall become
totally and permanently disabled to the extent that he is unable, by reason of a medically
determinable physical or mental impairment, to render useful and efficient service as a
Police Officer, which disability is not directly caused by the performance of his duties as
a Police Officer shall, upon establishing the same to the satisfaction of the Board, be
entitled to a monthly pension equal to the greater of (1) or (ii) where (i) is two percent (2%)
of Average Final Compensation multiplied by the total years of Credited Service and (H) is
a benefit determined in the same manner as for early retirement as set forth in Section 6,
subsection 4B. In any event, the minimum amount paid to the Member shall be twenty-five
percent (25%) of his Average Final Compensation. Terminated persons, either vested or
non -vested, are not eligible for disability benefits, exeeptthettuhose terminated by the ei
SECTION 4: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by amending Section 10, Optional Forms of Benefits, subsection 1.D.,
and subsection 2., to read as follows:
D. For any Member who does not participate in the DROP pursuant to
Section 28, a lump sum payment payable to the Retiree equal to
twenty percent (20%) of the total actuarial equivalent present value of
the Retiree's accrued benefit at the date of retirement with the
remaining eighty percent (80%) payable to the Retiree in a form
selected by the Retiree and provided for in A,, or B or C above or in
the normal form (10 year certain and life). A Retiree who is a
participant in the Deferred Retirement Option Plan shall not be eligible
to select this partial lump sum option.
2. The Member, upon electing any option of this Section, will designate the joint
pensioner (subsection 1.A. above) or Beneficiary (or Beneficiaries) to receive the benefit,
if any, payable under the System in the event of Member's death, and will have the power
to change such designation from time to time. Such designation will name a joint
pensioner or one (1) or more primary Beneficiaries where applicable. A Member may
change his Beneficiary at any time. If a Member has elected an option with a joint
pensioner and the Member's retirement income benefits have commenced, the Member
may thereafter change his designated Beneficiary at any time, but may only change his
joint pensioner twice. Subject to the restriction in the previous sentence, a Member may
substitute a new ioint pensioner for a deceased ioint pensioner. In the absence of proof
SECTION 5: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by amending Section 15, Maximum Pension, subsections 6., 8., 12.B.,
and by adding subsection 13., to read as follows:
6. Less than Ten (10) Years of Participation ar-SeFdee.
The maximum retirement benefits payable underthis Section to any Member
who has completed less than ten (10) years of Gredited Serviee Veith the Gily participation
shall be the amount determined under subsection 1 of this Section multiplied by a fraction,
the numerator of which is the number of the Member's years of
Participation and the denominator of which is ten (10). The reduction provided by this
subsection cannot reduce the maximum benefit below 10% of the limit determined without
regard to this subsection. The reduction provided for in this subsection shall not be
applicable to pre -retirement disability benefits paid pursuant to Section 8 or pre -retirement
death benefits paid pursuant to Section 7.
8. Ten Thousand Dollar ($10,000) Limit: Less Than Ten Years of Service.
Notwithstanding anything in this Section 15, the retirement benefit payable
With respect to a Member shall be deemed not to exceed the limit set forth in this
subsection 8. of Section 15 if the benefits payable, with respect to such Member under this
System and under all other qualified defined benefit pension plans to which the City
contributes, do not exceed ten thousand dollars ($10,000) for the applicable limitation year
atd or for any prior limitation year, and the City has not at any time maintained a qualified
defined contribution plan in which the Member participated; provided, however, that if the
Member has completed less than ten (10) years of Credited Service with the City, the limit
underthis subsection 8. of Section 15 shall be a reduced limit equal to ten thousand dollars
($10,000) multiplied by a fraction, the numerator of which is the number of the Member's
years of Credited Service and the denominator of which is ten (10).
12. B. No Member of the System shall be allowed to receive a retirement
benefit or pension which is in part or in whole based upon any service
with respect to which the Member is already receiving, or will receive
in the future, a retirement benefit or pension from a different
employer's retirement system or plan. This restriction does not apply
to social security benefits or federal benefits under Chapter 67-1223,
Title 10, U.S. Code.
13. Effect of Direct Rollover on 41 Rb) Limit.
CM
Im
SECTION 6: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by amending Section 16, Minimum Distribution of Benefits, subsection
2.B.(4), to read as follows:
2. B. (4) If the Member's surviving spouse is the Member's sole
designated beneficiary and the surviving spouse dies after the
Member but before distributions to the surviving spouse begin,
this subsection 2.B., other than subsection 2.B.(1), will apply
as if the surviving spouse were the Member.
For purposes of this subsection 2.13. and subsection 5.,
distributions are considered to begin on the Member's required
beginning date or, if subsection 2.B.(4) applies, the date of
distributions are required to begin to the surviving spouse
under subsection 2.6.(1). If annuity payments irrevocably
commence to the Member before the Member's required
beginning date (or to the Member's surviving spouse before
the date distributions are required to begin to the surviving
spouse under subsection 2.13.(1)), the date distributions are
considered to begin is the date distributions actually
commence.
SECTION 7: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by amending Section 27, Prior Police Service, subsection 5., to read as
follows:
5. In no event, however, may Credited Service be purchased pursuant to this
Section for prior service with any other municipal, county or state law enforcement
department, if such prior service forms or will form the basis of a retirement benefit or
pension from a different employer's retirement system or plan as set forth in Section 15,
subsection 1+$12.6.
SECTION 8: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by amending Section 28, Deferred Retirement Option Plan, to read as
follows:
SECTION 28. DEFERRED RETIREMENT OPTION PLAN.
Definitions.
As used in this Section 28, the following definitions apply:"
A. "DROP" — The City of Okeechobee Police Officers' Deferred
Retirement Option Plan.
B. "DROP Account" — The account established for each DROP
participant under subsection 3.
C "Total return of the assets" — For purposes of calculating earnings on
a Member's DROP Account pursuant to subsection 3.13.(2)(b). for
each fiscal year quarter, the percentage increase (or decrease) m'the
interest and dividends earned on investments including realized and
unrealized gains (or losses) of the total plan assets.
Participation.
A. Eligibility to Participate.
M
M
In lieu of terminating his employment as a Police Officer, any Member
who is eligible for normal retirement under the System may elect to
defer receipt of such service retirement pension and to participate in
the DROP.
B. Election to Participate.
A Member's election to participate in the DROP must be made in
writing in a time and manner determined by the Board and shall be
effective on the first day of the first calendar month which is at least
fifteen (15) business days after it is received by the Board.
C. Period of Participation.
A Member who elects to participate in the DROP under subsection
2.B., shall participate in the DROP for a period not to exceed sixty
(60) months beginning at the time his election to participate in the
DROP first becomes effective. An election to participate in the DROP
shall constitute an irrevocable election to resign from the service of
the City not later than the date provided for in the previous sentence.
A Member may participate only once.
D. Termination of Participation.
(1) A Member's participation in the DROP shall cease at the
earlier of:
(a) the end of his permissible period of participation in the
DROP as determined under subsection 2.C.; or
(b) termination of his employment as a Police Officer.
(2) Upon the Member's termination of participation in the DROP,
pursuant to subsection (a) above, all amounts provided for in
subsection 3.B., including monthly benefits and investment
earnings and losses or interest, shall cease to be transferred
from the System to his DROP Account. Any amounts
remaining in his DROP Account shall be paid to him in
accordance with the provisions of subsection 4. when he
terminates his employment as a Police Officer.
(3) A Member who terminates his participation in the DROP under
this subsection 2.D. shall not be permitted to again become a
participant in the DROP.
E. Effect of DROP Participation on the System.
(1) A Member's Credited Service and his accrued benefit under
the System shall be determined on the date his election to
participate in the DROP first becomes effective. For purposes
of determining the accrued benefit, the Member's Salary for
the purposes of calculating his Average Final Compensation
shall include an amount equal to any lump sum payments
which would have been paid to the Member and included as
Salary as defined herein, had the Member retired under normal
retirement and not elected DROP participation. Member
contributions attributable to any lump sums used in the benefit
calculation and not actually received by the Member shall be
deducted from the first payments to the Member's DROP
Account. The Member shall not accrue anyadditional Credited
Service or any additional benefits under the System (except for
any supplemental benefit payable to DROP participants or any
additional benefits provided under any cost -of -living
adjustment for Retirees in the System) while he is a participant
in the DROP. After a Member commences participation, he
shall not be permitted to again contribute to the System nor
shall he be eligible for disability or pre -retirement death
benefits, except as provided for in Section 29, Reemployment
After Retirement.
*40W
lm
(2) No amounts shall be paid to a Member from the System while
the Member is a participant in the DROP. Unless otherwise
specified in the System, if a Member's participation in the
DROP is terminated other than by terminating his employment
as a Police Officer, no amounts shall be paid to him from the
System until he terminates his employment as a Police Officer.
Unless otherwise specified in the System, amounts transferred
from the System to the Member's DROP Account shall be paid
directly to the Member only on the termination of his
employment as a Police Officer.
3. Fundin .
A. Establishment of DROP Account.
A DROP Account shall be established for each Member participating
in the DROP. A Member's DROP Account shall consist of amounts
transferred to the DROP under subsection 3.B., and earnings or
interest on those amounts.
B. Transfers From Retirement System.
(1) As of the first day of each month of a Member's period of
participation in the DROP, the monthly retirement benefit he
would have received under the System had he terminated his
employment as a Police Officer and elected to receive monthly
benefit payments thereunder shall be transferred to his DROP
Account, except as otherwise provided for in subsection
2.D.(2). A Member's period of participation in the DROP shall
be determined in accordance with the provisions of
subsections 2.C. and 2.D., but in no event shall it continue past
the date he terminates his employment as a Police Officer.
(2) Except as otherwise provided in subsection 2.D.(2), a
Member's DROP Account under this subsection 3.6. shall be
debited or creditedwith either:
(a) Interest at an effective rate of six and one-half percent
(6.5%) per annum compounded monthly determined on
the last business day of the prior month's ending
balance and credited to the Member's DROP Account
as of such date (to be applicable to all current and
future DROP participantsl; or
(b) Earnings, to be credited or debited to the Member's
DROP Account determined as of the last business day
of each fiscal year quarter and debited or credited as of
such date, determined as follows:
The average daily balance in a Member's DROP
Account shall be credited or debited at a rate equal to
the net investment return realized by the System for
that quarter. "Net investment return" for the purpose of
this paragraph is the total return of the assets in which
the Member's DROP Account is invested by the Board
net of brokerage commissions, transaction costs and
management fees.
Upon electing participation in the DROP, the Member shall
elect to receive either interest or earnings on his account to be
determined as provided above. The Member may, in writing,
elect to change his election only once during his DROP
participation. An election to change must be made prior to the
end of a quarter and shall be effective beginning the following
quarter.
(3) A Member's DROP Account shall only be credited or debited
with earnings or interest and monthly benefits while the
Member is a participant in the DROP. A Member's final DROP
account value for distribution to the Member upon termination
of participation in the DROP shall be the value of the account
at the end of the quarter immediately preceding termination of
participation for participants electing the net clan return and at
the end of the month immediately preceding termination of
participation for participants electing the flat interest rate
return, plus any monthly periodic additions made to the DROP
account subsequent to the end of the previous quarter or
month, as applicable, and prior to distribution. If a Member
fails to terminate employment after participating in the DROP
for the permissible period of DROP participation, then
beginning with the Member's 1st month of employment
following the last month of the permissible period of DROP
participation, the Member's DROP Account will no longer be
credited or debited with earnings or interest, nor will monthly
benefits be transferred to the DROP account. All such non -
transferred amounts shall be forfeited and continue to be
forfeited while the Member is employed by the Police
Department, and no cost -of -living adjustments shall be applied
to the Member's credit during such period of continued
employment. A Member employed by the Police Department
after the permissible period of DROP participation will be
eligible for pre -retirement death and disability benefits, and will
accrue additional Credited Service, only as provided for in
Section 29.
4. Distribution of DROP Accounts on Termination of Employment.
A. Eligibility for Benefits.
A Member shall receive the balance in his DROP Account in
accordance with the provisions of this subsection 4. upon his
termination of employment as a Police Officer. Except as provided in
subsection 4.E, no amounts shall be paid to a Member from the
DROP prior to his termination of employment as a Police Officer.
B. Form of Distribution.
(1) Unless the Member elects otherwise, distribution of his DROP
Account shall be made in a lump sum, subject to the direct
rollover provisions set forth in subsection 4.F. Elections under
this paragraph shall be in writing and shall be made in such
time or manner as the Board shall determine.
(2) If a Member dies before his benefit is paid, his DROP Account
shall be paid to his Beneficiary in such optional form as his
Beneficiary may select. If no Beneficiary designation is made,
the DROP Account shall be distributed to the Member's estate.
C. Date of Payment of Distribution.
Except as otherwise provided in this subsection 4., distribution of a
Member's DROP Account shall be made as soon as administratively
practicable following the Member's termination of employment.
Distribution of the amount in a Member's DROP account will not be
made unless the Member completes a written request for distribution
and a written election, on forms designated by the Board, to either
receive a cash lump sum or a rollover of the lump sum amount.
D. Proof of Death and Right of Beneficiary or Other Person.
The Board may require and rely upon such proof of death and such
evidence of the right of any Beneficiary or other person to receive the
value of a deceased Member's DROP Account as the Board may
deem proper and its determination of the right of that Beneficiary or
other person to receive payment shall be conclusive.
E. Distribution Limitation.
Notwithstanding any other provision of this subsection 4., all
distributions from the DROP shall conform to the "Minimum
Distribution Of Benefits" provisions as provided for herein.
Direct Rollover of Certain Distributions.
This subsection applies to distributions made on or after January 1,
2002. Notwithstanding any provision of the DROP to the contrary, a
distributee may elect to have any portion of an eligible rollover
distribution paid in a direct rollover as otherwise provided under the
System in Section 26.
Administration of DROP.
A. Board Administers the DROP.
The general administration of the DROP, the responsibilityfor carrying
out the provisions of the DROP and the responsibility of overseeing
the investment of the DROP's assets shall be placed in the Board.
The members of the Board may appoint from their number such
subcommittees with such powers as they shall determine; may adopt
such administrative procedures and regulations as they deem
desirable for the conduct of their affairs; may authorize one or more
of their number or any agent to execute or deliver any instrument or
make any payment on their behalf; may retain counsel, employ
agents and provide for such clerical, accounting, actuarial and
consulting services as they may require in carrying out the provisions
of the DROP; and may allocate among themselves or delegate to
other persons all or such portion of their duties under the DROP,
other than those granted to them as Trustee under any trust
agreement adopted for use in implementing the DROP, as they, in
their sole discretion, shall decide. A Trustee shall not vote on any
question relating exclusively to himself.
B. Individual Accounts. Records and Reports.
The Board shall maintain records showing the operation and condition
of the DROP, including records showing the individual balances in
each Member's DROP Account and the Board shall keep in
convenient form such data as may be necessary for the valuation of
the assets and liabilities of the DROP. The Board shall prepare and
distribute to Members participating in the DROP and other individuals
or file with the appropriate governmental agencies, as the case may
be, all necessary descriptions, reports, information returns, and data
required to be distributed or filed for the DROP pursuant to the Code
and any other applicable laws.
C. Establishment of Rules.
Subject to the limitations of the DROP, the Board from time to time
shall establish rules for the administration of the DROP and the
transaction of its business. The Board shall have discretionary
authority to construe and interpret the DROP (including but not limited
to determination of an individual's eligibility for DROP participation,
the right and amount of any benefit payable under the DROP and the
date on which any individual ceases to be a participant in the DROP).
The determination of the Board as to the interpretation of the DROP
or its determination of any disputed questions shall be conclusive and
final to the extent permitted by applicable law.
cm
D. Limitation of Liabilitv.
(1) The Trustees shall not incur any liability individually or on
behalf of any other individuals for any act or failure to act,
made in good faith in relation to the DROP or the funds of the
DROP.
(2) Neither the Board nor any Trustee of the Board shall be
responsible for any reports furnished by any expert retained or
employed by the Board, but they shall be entitled to rely
thereon as well as on certificates furnished by an accountant
or an actuary, and on all opinions of counsel. The Board shall
be fully protected with respect to any action taken or suffered
by it in good faith in reliance upon such expert, accountant,
actuary or counsel, and all actions taken or suffered in such
reliance shall be conclusive upon any person with any interest
in the DROP.
6. General Provisions.
A.
The DROP is not a separate retirement plan.
B. Notional account.
The DROP Account established for such a Member is a notional
account, used only for the purpose of calculation of the DROP
distribution amount. It is not a separate account in the System.
There is no change in the System's assets, and there is no distribution
available to the Member until the Member's termination from the
DROP. The Member has no control over the investment of the DROP
account.
C. No employer discretion.
The DROP benefit is determined pursuant to a specific formula which
does not involve employer discretion.
D. IRC limit.
The DROP Account distribution, along with other benefits payable
from the System, is subject to limitation under Internal Revenue Code
Section 415(b).
A E. Amendment of DROP.
The DROP may be amended by an ordinance of the City at any time
and from time to time, and retroactively if deemed necessary or
appropriate, to amend in whole or in part any or all of the provisions
of the DROP. However, except as otherwise provided by law, no
amendment shall make it possible for any part of the DROP's funds
to be used for, or diverted to, purposes other than for the exclusive
benefit of persons entitled to benefits under the DROP. No
amendment shall be made which has the effect of decreasing the
balance of the DROP Account of any Member.
B F. Facility of Payment.
If a Member or other person entitled to a benefit under the DROP is
unable to care for his affairs because of illness or accident or is a
minor, the Board shall direct that any benefit due him shall be made
only to a duly appointed legal representative. Any payment so made
10
shall be a complete discharge of the liabilities of the DROP for that
benefit.
G G. Information.
Each Member, Beneficiary or other person entitled to a benefit, before
any benefit shall be payable to him or on his account under the
DROP, shall file with the Board the information that it shall require to
establish his rights and benefits under the DROP.
O H. Prevention of Escheat.
If the Board cannot ascertain the whereabouts of any person to whom
a payment is due under the DROP, the Board may, no earlier than
three (3) years from the date such payment is due, mail a notice of
such due and owing payment to the last known address of such
person, as shown on the records of the Board or the City. If such
person has not made written claim therefor within three (3) months of
the date of the mailing, the Board may, if it so elects and upon
receiving advice from counsel to the System, direct that such payment
and all remaining payments otherwise due such person be canceled
on the records of the System. Upon such cancellation, the System
shall have no further liability therefor except that, in the event such
person or his Beneficiary later notifies the Board of his whereabouts
and requests the payment or payments due to him under the DROP,
the amount so applied shall be paid to him in accordance with the
provisions of the DROP.
E I. Written Elections. Notification.
(1) Any elections, notifications or designations made by a Member
pursuant to the provisions of the DROP shall be made in
writing and filed with the Board in a time and manner
determined by the Board under rules uniformly applicable to all
employees similarly situated. The Board reserves the right to
change from time to time the manner for making notifications,
elections or designations by Members under the DROP if it
determines after due deliberation that such action is justified in
that it improves the administration of the DROP. In the event
of a conflict between the provisions for making an election,
notification or designation set forth in.the DROP and such new
administrative procedures, those new administrative
procedures shall prevail.
(2) Each Member or Retiree who has a DROP Account shall be
responsible for furnishing the Board with his current address
and any subsequent changes in his address. Any notice
required to be given to a Member or Retiree hereunder shall be
deemed given if directed to him at the last such address given
to the Board and mailed by registered or certified United States
mail. If any check mailed by registered or certified United
States mail to such address is returned, mailing of checks will
be suspended until such time as the Member or Retiree
notifies the Board of his address.
E J. Benefits Not Guaranteed.
All benefits payable to a Member from the DROP shall be paid only
from the assets of the Member's DROP Account and neither the City
nor the Board shall have any duty or liability to furnish the DROP with
any funds, securities or other assets except to the extent required by
any applicable law.
6 K. Construction.
(1) The DROP shall be construed, regulated and administered
under the laws of Florida, except where other applicable law
controls.
(2) The titles and headings of the subsections in this Section 28
are for convenience only. In the case of ambiguity or
11
Ln
inconsistency, the text rather than the titles or headings shall
control.
ti L. Forfeiture of Retirement Benefits.
Nothing in this Section shall be construed to remove DROP
participants from the application of anyforfeiture provisions applicable
to the System. DROP participants shall be subject to forfeiture of all
retirement benefits, including DROP benefits.
I M. Effect of DROP Participation on Employment.
Participation in the DROP is not a guarantee of employment and
DROP participants shall be subject to the same employment
standards and policies that are applicable to employees who are not
DROP participants.
SECTION 9: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by adding Section 30, Supplemental Benefit Component for Special
Benefits; Chapter 185 Share Accounts, to read as follows:
SECTION 30. SUPPLEMENTAL BENEFIT COMPONENT FOR SPECIAL
BENEFITS: CHAPTER 85 SHARE ACCOUNTS.
1. Individual Member Share Accounts.
2. Share Account Fundino.
A. Individual Member Share Accounts shall be established as of
September 30, 2015 for all Members and DROP participants who
were actively employed as of October 1. 2014. Individual Member
Share Accounts shall be credited with an allocation as provided for in
the following subsection 3. of any premium tax monies which have
been allocated to the share plan for that Plan Year, beginning with the
Plan Year ending September 30, 2015.
B. In addition, any forfeitures as provided in subsection 4., shall be
allocated to the individual Member Share Accounts in accordance
with the formula set forth in subsection 4.
3. Allocation of Monies to Share Accounts.
A. Allocation of Chapter 185 Contributions.
u
19
Cm
0
u
m
premium tax monies shall be allocated to individual Member
Share Accounts at the end of each Plan Year on September
30 (a "valuation date").
Re-employed Retirees shall be deemed new employees and
shall receive an allocation based solely on the Credited
Service in the reemployment period.
B. Allocation of Investment Gains and Losses.
C.
On each valuation date .each individual Member Share Account shall
be adiusted to reflect the net earnings or losses resulting from
investments during the year. The net earnings or losses allocated to
the individual Member Share Accounts shall be the same percentage
which is earned or lost by the total plan investments, including
realized and unrealized gains or losses, net of brokerage
commissions transaction costs and management fees.
Net earnings or losses are determined as of the last business day of
the fiscal year, which is the valuation date and are debited or credited
as of such date.
Allocation of Costs, Fees and Expenses.
D. No Right to Allocation.
The fact of allocation or credit of an allocation to a Member's Share
Account by the Board shall not vest in any Member, any right, title, or
13
%W `00
interest in the assets of the trust or in the Chapter 185, Florida
Statutes, tax revenues except at the time or times, to the extent, a—fcn
su—eject to the terms and conditions provided in this Section.
E. Members and DROP participant shall be provided annual statements
setting forth their share account balance as of the end of the Plan
Year.
4. Forfeitures.
5. Eligibility For Benefits.
A. Retirement Benefit.
(D A Member shall be entitled to one hundred percent (100%) of
the value of his share account upon normal or early Retirement
pursuant to Section 6. or if the Member enters the DROP,
upon termination of employment.
(2) Such payment shall be made as provided in subsection 6.
B. Termination Benefit.
In In the event that a Member's employment as a Police Officer
is terminated by reason other than retirement, death or
disability, he shall be entitled to receive the value of his share
account only if he is vested in accordance with Section 9.
(2) Such payment shall be made as provided in subsection 6.
C. Disability Benefit.
u In the event that a Member is determined to be eligible for
either an in -line of duty disability benefit pursuant to Section 8.
subsection 1. or a not -in -line of duty disability benefit pursuant
to Section 8. subsection 3., he shall be entitled to one hundred
percent (100%) of the value of his share account.
M Such payment shall be made as provided in subsection 6.
D. Death Benefit.
L) In the event that a Member or DROP participant dies while
actively employed as a Police Officer, one hundred percent
(100%) of the value of his Member Share Account shall be
paid to his designated Beneficiary as provided in Section 7.
2) Such payment shall be made as provided in subsection 6.
6. Payment of Benefits.
14
In
7. Benefits Not Guaranteed.
8. Notional Account.
9. No Employer Discretion.
The share account benefit is determined pursuantto a specificformula which
does not involve employer discretion.
10. Maximum Additions.
11. IRC Limit.
The share account distribution along with other benefits payable from the
System is subject to limitation under Internal Revenue Code Section 415(b).
SECTION 10: Specific authority is hereby granted to codify and incorporate this
Ordinance in the existing Code of Ordinances of the City of Okeechobee.
SECTION 11: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 12: If any section, subsection, sentence, clause, phrase of this
ordinance, or the particular application thereof shall be held invalid by any court,
administrative agency, or other body with appropriate jurisdiction, the remaining section,
subsection, sentences, clauses, or phrases under application shall not be affected thereby.
SECTION 13: That this Ordinance shall become effective upon adoption.
Introduced on first reading and set for public hearing this day of
.2015.
ATTEST:
Lane Gamiotea, City Clerk
James E. Kirk, Mayor
15
cm
En
Passed on second reading after public hearing this day of
.2015.
ATTEST:
Lane Gamiotea, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
dm1ok1poll10-20-15.ord
16
James E. Kirk, Mayor
INDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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
i1
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 further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed fore me this
th" davof_ w C✓,AD
j_!
Notary Public, State of Florida at Large
ANGIE BRIDGES
MY COMMISSION 0 EE 177653
EXPIRES: Apr# 20, 2116
s p�� �•` BW-d Th lu Notary pubr, Underwr#ers
-a /1? 611 &
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
NOTICE IS HEREBY GIVEN that the Gty Council of the Oty of Okeecho-
bee, will conduct a Public Hearing on Tues, Feb 2, 2016, at 6 PM, or as
soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, fL, to
1131:er final reading for adopt on of the following Ordinance into law: No.
I331: AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING
rHE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PEN-
SION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE M& AR
ND PROVIDING AN EFFECTIVE DATE
members of the public are encouraged to attend and part clpate in said
�adng. The proposed ordinance ma be Inspected in Its entirety by mem-
rs of the public at the Office of the City Clerk during normal business
urs, Mon -Fri, 8:00 AM-4:30 PM, except for holidays.
1Y PERSON DECIDING TO APPEAL any decision made by the City
❑ncil. with respell to any matter considered at this meeting will need to
sure a verbatim record of the proceeding is made and the record includes
testimony and evidence upon which the appeal will be based. In accor-
nce with the Americans with Disabilities Act (ADA), any person with a
ability as defined by the ADA, that needs special accommodation to par -
pate in this proceeding, contact the City Clerk's Office no later than two
siness days prior to proceeding, 863-763-3372.
ADVISED that should you intend to show any document, picture, video
items to the Council in support of opposition to any Item on the agenda;
:opy of the document, picture, video, or Item MUST be provided to the
r Cllerk for the City's records.
Clerk bane Gamiotea, CMC
Exhibit 2
Lave Offices NOW Vot Feb 2, 2016
Christian sen & De hner, P.A.
63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 • 941-377-2200 • Fax 941.377.4848
November 6, 2015
Mr. Marcos Montes De Oca
City Administrator
City of Okeechobee
55 S.E. 3RD Avenue
Okeechobee, FL 34974-2032
Re: City of Okeechobee and Okeechobee Utility Authority Employees' Retirement
System - Proposed Ordinance
Dear Mr. Montes De Oca:
I represent the Board of Trustees of your City of Okeechobee and Okeechobee Utility
Authority Employees' Retirement System. Enclosed please find a proposed ordinance amending
the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System that has
been approved by the Board and recommended for adoption by the City Council. Based primarily
on changes to the Internal Revenue Code (IRC) and its associated Regulations, as well as guidance
from the Internal Revenue Service (IRS), the following amendments to the pension plan are
proposed:
Section 1, Definitions, is being amended for IRC changes and requirements, to
amend the definitions of:
a. Actuarial Equivalent - to amend the definition to incorporate the Mortality
Table currently being used by the plan's actuary
b. Credited Service - to clarify IRC regulations on leave conversions
C. Spouse - To clarify the definition in accordance with a recent US Supreme
Court ruling
2. Section 2, Membership, has been amended to limit those individuals eligible to opt -
out of the system, to comply with recent IRC Treasury Regulation requirements.
3. Section 6, Benefit amounts and eligibility, is being amended to change the Normal
Retirement Date to include IRC required language regarding Normal Retirement Age
and Normal Retirement Date.
4. Section 8, Disability, is being amended to more clearly identify those individuals who
may be eligible to apply for a disability pension who have been terminated by the
City due to medical reasons.
Mr. Montes De Oca
November 6, 2015
Page 2
5. Section 10, Optional Forms of Benefits, has been amended to:
Amend the optional form of benefit known as a partial lump sum option
(PLOP), to clarify that the percentage chosen is calculated as a percent of the
total actuarial equivalent value of the member's benefit.
b. Amend subsection 2. to clarify that if proof of good health of a joint
pensioner who is being replaced is not provided, the actuary will assume that
the joint pensioner is deceased for purposes of calculating the revised benefit
amount.
6. Section 14, Maximum Pension, has had several subsections amended to comply with
IRC changes.
7. Section 15, Minimum Distribution of Benefits, is being amended for a reference
clarification in subsection 2.B.(4).
Section 25, Reemployment After Retirement, is being amended to clearly reflect
recent IRC guidance on the ability to continue to receive retirement benefits from the
system upon reemployment after normal or early retirement.
9. Section 27, Prior Government Service, subsection 5., is being amended to correct a
reference.
10. Section 28, Deferred Retirement Option Plan, is being amended in accordance with
recent direction from the IRS in connection with the issuance of several recent
Favorable Determination Letters to: i) clarify investment returns on DROP accounts,
ii) clarify when interest and earnings are calculated and paid, and iii) add several
sections clarifying the DROP provisions as required by the IRS.
I am enclosing a copy of a letter from the Board's actuary, Gabriel Roeder Smith & Company,
indicating that there is no cost associated with the adoption of this ordinance. If you or any member
of your staff have any questions with regard to this ordinance, please feel free to give me a call. In
addition, if you feel it would be appropriate for me to be present at the meeting at which this
ordinance is considered by the City Council, please contact my office to advise me of the date that
the ordinance would be considered.
Yours ve uly,
Scott R. Christiansen
SRC/dm
enclosure
cc: Jeffrey Amrose, with enclosure
NOW, ,r,
Gabriel Roeder Smith & Company One Fast Broward Blvd. 954.527.1616 phase
GRSConsulrants & Aeruarim Suite 505 954.525.0083 fax
Ft.•Lauderdale, FL33301-1804 wwwgabrielroederconi
October 28, 2015
Melisa Jahner
City of Okeechobee
55 SE 31d Ave
Okeechobee FL 34974
Re: . Okeechobee and Okeechobee Utility Authority Employees' Retirement System
Actuarial Impact Statement for Proposed Ordinance
Dear Ms. Jabner:
We have reviewed the proposed ordinance amending the City of Okeechobee and Okeechobee
Utility Authority Employees, Retirement System drafted by Scott Christiansen and dated September
25, 2015. This ordinance would amend the Plan as follows:
■ Changes the definitions afActuarial Equivalent to use a new mortality table, Credited Service to
reflect IRC changes and requirements, andspouse to reflect a Supreme Court ruling.
■ Limits individuals eligible to opt -out of the system, in compliance with recent IRC Treasury
Regulation requirements.
• Includes IRC required language regarding Normal Retirement Age.
• More clearly includes members terminated from the City for medical reasons who may be. eligible
for a disability pension.
■ For Partial Lump Sum Option (PLOP), clarifies that the amount is 20% of the total actuarial
equivalent value of the member's benefit.
• Requires proof of good health of the current joins pensioner for purposes of calculating revised
benefit amounts when there is a change in joint pensioner.
• Amends maximum pension to comply with IRC changes.
• Amends minimum distribution of benefits for a reference clarijication in subsection 2. B. (4).
• Amends reemployment after retirement to clearly reflect recent IRC guidance on the ability
to continue to receive retirement benef is from the System upon reemployment after nor►nal
or early retirement.
• Amends prior government service to correct a reference in subsection 5.
* Amends Deferred Retirement Option Plan (DROP)to clam investment returns, when
interest and earnings are calculated and paid, and adds clarifying language as required by
the IRS.
In our opinion, this amendment will have no actuarial impact on the Plan.
n
M
Meiisa Jahner
City of Okeechobee
October 28, 2015
Page 2
The attached Statement must be filed with the Division of Retirement before the final public hearing
on the ordinance. Please have a member of the Board of Trustees sign the Statement. Then send
the Statement along with a copy of the proposed ordinance to Tallahassee.
Theora P. Braccialarghe and Jeff Amrose are members of the American Academy of Actuaries and
meet the Qualification Standards of the American Academy of Actuaries to render the actuarial
opinions contained herein. The undersigned actuaries are independent of the plan sponsor.
This report has been prepared by actuaries who have substantial experience valuing public
employee retirement systems. To the best of our knowledge the information contained in this report
is accurate and fairly presents the actuarial position of the Plan as of the valuation date
Respectfully submitted,
Theora P. Braccialarghe, FSA, MAAA
Enrolled Actuary No. I4-2826
cc: Scott Christiansen, Plan Attorney
James Mullis, Board Chair
Janet McKinley
hi - - 1'40'(z
eff ose, MAAA
Enrolled Actuary No. 14-6599
Gabriel Roeder Smith & Company
0
0
OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY
EMPLOYEES' RETIREMENT SYSTEM
Impact Statement— October 28, 2015
Description of Amendment
■ Changes the definitions ofActuarialEgutvalent to use anew mortality table, Credlied Service to reflect
IRC changes and requirements, and spouse to reflect a Supreme Court ruling.
■ Limits individuals eligible to opt -out of the system, in compliance with recent IRC Treasury Regulation
requirements.
■ Includes IRC required language regarding Normal RetirementAge.
■ More clearly includes members terminated from the City for medical reasons who maybe eligible for a
disability pension.
■ For Partial Lump Sum Option (PLOP), clarifies that the amount is 20% of the total actuarial
equivalent value of the member's benefit.
• Requires proof of good health of the currentjoint pensioner for purposes of calculating revised benefit
amounts when there is a change in joint pensioner.
■ Amends maximum pension to comply with IRC changes.
■ Amends minimum distribution of benefits for a reference clarification in subsection 2.B. (4).
■ Amends reemployment after retirement to clearly reflect recent IRC guidance on the ability to
continue to receive retirement benefits from the System upon reemployment lifter normal or
early retirement.
■ Amends prior government service to correct a reference in subsection S
• Amends Deferred Retirement Option Plan (DROP)to clarify investment returns, when interest
and earnings are calculated and paid, and adds clarifidng language as required by the IRS
Funding Implications of Amendment
There is no actuarial cost due to this ordinance.
Certification of Administrator
I believe the amendment to be in compliance with Part V11, Chapter I12, Florida Statutes and Section 14,
Article X of the Constitution of the State of Florida.
ForKe-oard ofTruste�es
as dministrator
Gabriel Roeder Smith & Company
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rJ
ORDINANCE NO. ,1132
AN ORDINANCE OF THE CITY OF OKEECHOBEE
AMENDING THE CITY OF OKEECHOBEE AND
OKEECHOBEE UTILITY AUTHORITY EMPLOYEES'
RETIREMENT SYSTEM, ADOPTED PURSUANT TO
ORDINANCE NO. 1053, AS SUBSEQUENTLY AMENDED;
AMENDING SECTION 1, DEFINITIONS; AMENDING
SECTION 2, MEMBERSHIP; AMENDING SECTION 6,
BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING
SECTION 8, DISABILITY; AMENDING SECTION 10,
OPTIONAL FORMS OF BENEFITS; AMENDING SECTION
14, MAXIMUM PENSION; AMENDING SECTION 15,
MINIMUM DISTRIBUTION OF BENEFITS; AMENDING
SECTION 25, REEMPLOYMENT AFTER RETIREMENT;
AMENDING SECTION 27, PRIOR GOVERNMENT SERVICE;
AMENDING SECTION 28, DEFERRED RETIREMENT
OPTION PLAN; PROVIDING FOR CODIFICATION; PROVID-
ING FOR SEVERABILITY OF PROVISIONS; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee and the Okeechobee Utility Authority
employees are presently provided pension and certain other benefits under Ordinances
of the City of Okeechobee; and
WHEREAS, it becomes necessary from time to time to amend said ordinances in
order to clarify or restate certain provisions of the ordinance, or to enact amendments to
comply with revised Federal regulations;
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 bythe Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1: That the City of Okeechobee and Okeechobee Utility Authority
Employees' Retirement System, adopted pursuant to Ordinance No. 1053, as
subsequently amended, is hereby further amended by amending Section 1, Definitions, to
amend the definitions of "Actuarial Equivalent", "Credited Service", and "Spouse", to read
as follows:
Actuarial Equivalent means that any benefit payable underthe terms of this System
in a form other than the normal form of benefit shall have the same actuarial present value
on the date payment commences as the normal form of benefit. For purposes of
establishing the actuarial present value of any form of payment other than a lump sum
distribution, all future payments shall be discounted for interest and mortality by using
seven percent (7.00/6) interest and the 1994 Group Ant mity RP-2000 Combined Healthy
disabled lives. This definition may only be amended by the City pursuant to the
recommendation of the Board using assumptions adopted by the Board with the advice of
the plan's actuary, such that actuarial assumptions are not subject to City discretion.
Credited Service means the total number of years and fractional parts of years of
service as a General Employee with member contributions when required, omitting
intervening years orfractional parts of years when such Member was not employed by the
City as a General Employee. A Member may voluntarily leave his Accumulated Contribu-
tions in the Fund for a period of five (5) years after leaving the employ of the City pending
the possibility of being reemployed as a General Employee, without losing credit for the
time that he was a Member of the System. If a non -vested Member leaves the employ of
the City and is not reemployed within five (5) years, his Accumulated Contributions, if one -
thousand dollars ($1,000.00) or less, will be returned. If a Memberwho is not vested is not
reemployed within five (5) years, his Accumulated Contributions, if more than one -
thousand dollars ($1,000.00), will be returned only upon the written request of the Member
and upon completion of a written election to receive a cash lump sum or to rollover the
lump'sum amount on forms designated by the Board. If a vested Member leaves the
employof the City, his Accumulated Contributions will be returned upon his written request.
Upon return of his Accumulated Contributions, all of his rights and benefits under the
System are forfeited and terminated.
On
The years or fractional parts of a year that a Member performs "Qualified Military
Service" consisting of voluntary or involuntary "service in the uniformed services" as
defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA)
(P.L.103-353), after separation from employment as a General Employee with the City to
perform training or service, shall be added to his years of Credited Service for all purposes,
including vesting, provided that:
A. The Member is entitled to reemployment under the provisions of
USERRA.
B. The Member returns to his employment as a General Employee within
one (1) year from the earlier of the date of his military discharge or his
release from service, unless otherwise required by USERRA.
C. The Member deposits into the Fund the same sum that the Member
would have contributed if he had remained a General Employee
during his absence. The maximum credit for military service pursuant
to this subsection shall be five (5) years. The Member must deposit
all missed contributions within a period equal to three (3) times the
period of military service, but not more than five (5) years following
reemployment or he will forfeit the right to receive Credited Service for
his military service pursuant to this Section.
D. This Section is intended to satisfy the minimum requirements of
USERRA. To the extent that this Section does not meet the minimum
standards of USERRA, as it may be amended from time to time, the
minimum standards shall apply.
In the event a Member dies on or after January 1, 2007, while performing USERRA
Qualified Military Service, the beneficiaries of the Member are entitled to any benefits
(other than benefit accruals relating to the period of qualified military service) as if the
Member had resumed employment and then died while employed.
Beginning January 1, 2009, to the extent required by Section 414(u)(12) of the
Code, an individual receiving differential wage payments (as defined under Section
3401(h)(2) of the Code) from an employer shall be treated as employed by that employer,
and the differential wage payment shall be treated as compensation for purposes of
applying the limits on annual additions under Section 415(c) of the Code. This provision
shall be applied to all similarly situated individuals in a reasonably equivalent manner.
Spouse means the Member's or.
Retiree's spouse under applicable law at the time benefits become payable.
SECTION 2: That the City of Okeechobee and Okeechobee Utility Authority
Employees' Retirement System, adopted pursuant to Ordinance No. 1053, as
subsequently amended, is hereby further amended by amending Section 2, Membership,
subsections I.B. and 1.C., to read as follows:
B. Notwithstanding the previous paragraph, a new employee who is
hired as the City Administrator or Administrative Assistant and a new
employee who is hired as the Executive Director of the Okeechobee
Utility Authority may, in the event he has elected to participate in
another pension program, vdthin the upon his
employment as City Adminio strator r Administrative Assistant or
Executive Director, notify the Board and the City of Okeechobee (with
respect to the City Administrator or Administrative Assistant) or the
Okeechobee Utility Authority (with respect to the Executive Director),
in writing, of his election to not be a Member of the System. In the
event of any such election, he shall be barred from future
membership in the System. Contributions, if any. to the plan in
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accordance with Section 5., shall not be required, he shall not be
eligible to be elected as a Member Trustee on the Board or vote for
a Member Trustee and he shall not be eligible for any other benefits
from the plan.
C. Notwithstanding any provision herein to the contrary, any future new
elected official who is not already a Member of the System may,
within sbdy (60) days of upon taking office, elect to diseentinue noti
the Board and the City of Okeechobee. in writing, of his election to not
be a membership Member of the System and reeeive the return of all.
In the event of such election, the elected
official shall be barred from future membership in the system.
Contributions if any, to the plan in accordance with Section 5., shall
not be required he shall not be eligible to be elected as a Member
Trustee on the Board orvote for a Member Trustee. and he shall not
be eligible for any other benefits from the plan.
SECTION 3: That the City of Okeechobee and Okeechobee Utility Authority
Employees' Retirement System, adopted pursuant to Ordinance No. 1053, as
subsequently amended, is hereby further amended by amending Section 6, Benefit
Amounts and Eligibility, subsection 1., Normal Retirement Date, to read as follows:
1. Normal Retirement Age and Date.
SECTION 4: That the City of Okeechobee and Okeechobee Utility Authority
Employees' Retirement System, adopted pursuant to Ordinance No. 1053, as
subsequently amended, is hereby further amended by amending Section 8, Disability,
subsection 1., Disability Benefits, to read as follows:
Disability Benefits.
Any Memberwho shall become totally and permanently disabled to the extent
that he is unable, by reason of a medically determinable physical or mental impairment,
to perform the duties that the General Employee was assigned at the time of the
impairment and is unable to perform the duties of another General Employee position
which the City of Okeechobee orthe Okeechobee Utility Authority makes available to him
In a similar job classification and rank at no reduction in Salary for which the General
Employee is qualified by reason of training, education, or experience, whether or not such
disability was directly caused bythe performance of his duty as a General Employee. Upon
establishing the same to the satisfaction of the Board, the General Employee shall be
entitled to a monthly pension determined in the same manner as for Early Retirement set
forth in Section 6, subsection 4.13, if the benefit begins at or after age fifty-five (55), and if
the benefit begins prior to age fifty-five (55), the benefit shall be actuarially reduced for the
period prior to age fifty-five (55). Terminated persons, either vested or non -vested, are not
eligible for disability benefits; _
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SECTION 5: That the City of Okeechobee and Okeechobee Utility Authority
Employees' Retirement System, adopted pursuant to Ordinance No. 1053, as
subsequently amended, is hereby further amended by amending Section 10, Optional
Forms of Benefits, subsections 1.D., and 2., to read as follows:
D. For any Member who does not participate in the DROP pursuant to
Section 28, a lump sum payment payable to the Retiree equal to
twenty percent (20%) of the present total actuarial equivalent value of
the Retiree's accrued benefit at the date of retirement with the
remaining eighty percent (80%) payable to the Retiree in a form
selected by the Retiree and provided for in A. or B,or C above or in
the normal form (10 year certain and life). A Retiree who is a
participant in the Deferred Retirement Option Plan shall not be eligible
to select this partial lump sum option.
2. The Member, upon electing any option of this Section, will designate the joint
pensioner (subsection 1.,A. above) or Beneficiary (or Beneficiaries) to receive the benefit,
if any, payable under the System in the event of Member's death, and will have the power
to change such designation from time to time. Such designation will name a joint
pensioner orone or more primary Beneficiaries where applicable. if a Member has elected
an option with a joint pensioner or Beneficiary and Member's retirement income benefits
have commenced, Member may thereafter change his designated Beneficiary at any time,
but may change his joint pensioner only if the designated joint pensioner and the Member
were married atthe time of Member's Retirement and are divorced subsequentthereto and
the joint pensioner is alive at the time of the change. In the absence of proof of good
SECTION 6: That the City of Okeechobee and Okeechobee Utility Authority
Employees' Retirement System, adopted pursuant to Ordinance No. 1053, as
subsequently amended, is hereby further amended by amending Section 14, Maximum
Pension, subsections 6., 8., 12.B., and by adding subsection 13., to read as follows:
6. Less than Ten (10) Years of Participation art-Seraice.
The maximum retirement benefits payable underthis Section to any Member
who has completed less than ten (10) years of eredited ServieetvitliAhe-C-4 participation
shall be the amount determined under subsection 1 of this Section multiplied by a fraction,
the numerator of which is the number of the Member's years of
participation and the denominator of which is ten (10). The reduction provided by this
subsection cannot reduce the maximum benefit below 10% of the limit determined without
regard to this subsection. The reduction provided for in this subsection shall not be
applicable to pre -retirement disability benefits paid pursuant to Section 8, or pre -retirement
death benefits paid pursuant to Section 7.
8. Ten Thousand Dollar ($10 000) Limit" Less Than Ten Years of Service.
Notwithstanding anything in this Section 14, the retirement benefit payable
with respect to a Member shall be deemed not to exceed the limit set forth in this
subsection 8. of Section 14 if the benefits payable, with respect to such Member under this
System and under all other qualified defined benefit pension plans to which the City
contributes, do not exceed ten thousand dollars ($10,000)forthe applicable limitation year
and or for any prior limitation year., and the City has not at any time maintained a qualified
defined contribution plan in which the Member participated; provided, however, that if the
Member has completed less than ten (10) years of Credited Service with the City, the limit
underthis subsection 8. of Section 14 shall be a reduced limit equal to ten thousand dollars
($10,000) multiplied by a fraction, the numerator of which is the number of the Member's
years of Credited Service and the denominator of which is ten (10).
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12. B. No Member of the System shall be allowed to receive a retirement
benefit or pension which is in part or in whole based upon any service
with respect to which the Member is already receiving, or will receive
in the future, a retirement benefit or pension from a different
employer's retirement system or plan. This restriction does not apply
to social security benefits or federal benefits under Chapter 671223,
Title 10, U.S. Code.
13. Effect of Direct Rollover on 415tb) Limit.
SECTION 7: That the City of Okeechobee and Okeechobee Utility Authority
Employees' Retirement System, adopted pursuant to Ordinance No. 1053, as
subsequently amended, is hereby further amended by amending Section 15, Minimum
Distribution of Benefits, subsection 2.B.(4), to read as follows:
2. B. (4) If the Member's surviving spouse is the Member's sole
designated beneficiary and the surviving spouse dies after the
Member but before distributions to the surviving spouse begin,
this subsection 2.B., other than subsection 2.6.(1), will apply
as if the surviving spouse were the Member.
For purposes of this subsection 2.13. ,
distributions are considered to begin on the Member's required
beginning date or, if subsection 2.B.(4) applies, the date of
distributions are required to begin to the surviving spouse
under subsection 2.13.(1). If annuity payments irrevocably
commence to the Member before the Member's required
beginning date (or to the Member's surviving spouse before
the date distributions are required to begin to the surviving
spouse under subsection 2.B.(1)), the date distributions are
considered to begin is the date distributions actually
commence.
SECTION 8: That the City of Okeechobee and Okeechobee Utility Authority
Employees' Retirement System, adopted pursuant to Ordinance No. 1053, as
subsequently amended, is hereby further amended by amending Section 25,
Reemployment After Retirement, subsections 2., 3., 4. and 6., to read as follows:
2. After Normal Retirement. Any Retiree who is refired under normal retirement
pursuant to this System and who is reemployed as a General Employee after that
Retirement and, by virtue of that reemployment, is eligible to participate in this System,
shall upon being reemployed continue receipt of benefits if he is at least age sixty-two (62).
(62). Upon reemployment, the Retiree shall be deemed to be fully vested and the
additional Credited Service accrued during the subsequent employment period shall be
used in computing a second benefit amount attributable to the subsequent employment
period, which benefit amount shall be added to the benefit determined upon the initial
retirement to determine the total benefit payable upon final Retirement. Calculations of
benefits upon Retirement shall be based upon the benefit accrual rate, Average Final
Compensation, and Credited Service as of that date (not including any period of DROP
participation) and the retirement benefit amount for any subsequent employment period
shall be based upon the benefit accrual rate, Average Final Compensation (based only on
and Credited Service as of the date of subsequent retirement (based only on the
subsequent employment period). The amount of any death or disability benefit received
as a result of a subsequent period of employment shall be reduced by the amount of
accrued benefit eligible to be paid for a prior period of employment. The optional form of
benefit and any joint pensioner selected upon initial retirement shall not be subject to
change upon subsequent retirement except as otherwise provided herein, butthe Member
may select a different optional form and joint pensioner applicable to the subsequent
retirement benefit.
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3. Any Retiree who is retired under normal retirement pursuant to this System
and who is reemployed by the City after that Retirement and, by virtue of that
reemployment is ineligible to participate in this System, shall, during the period of such
reemolovment. continue to receive retirement benefits previously earned if he is at least
receipt of benefits under
4. After Early Retirement. Any Retiree who is retired under early retirement
pursuant to this System and who subsequently becomes an employee of the City in any
capacity, shall discontinue receipt of benefits from the System until the earlier of
termination of employment or such time as the reemployed Retiree reaches the -date -that
age
sixty-two (62). A Retiree who returns to work under the provisions of this Section shall not
be eligible for membership in the System, and, therefore, shall not accumulate additional
Credited Service for subsequent periods of employment described in this Section, shall not
be required to make contributions to the System, nor shall he be eligible for any other
benefit other than the Retiree's early retirement benefit when he again becomes eligible
as provided herein. Retirement pursuant to an early retirement incentive program shall be
deemed early retirement for purposes of this Section if the Member was permitted to retire
prior to the customary retirement date provided for in the System at the time of retirement.
6. DROP Participants. Members-ar-r Retirees who are or were in the Deferred
Retirement Option Plan shall, following termination of employment after DROP
participation, have the options provided for in this section for reemployment.
SECTION 9: That the City of Okeechobee and Okeechobee Utility Authority
Employees' Retirement System, adopted pursuant to Ordinance No. 1053, as
subsequently amended, is hereby further amended by amending Section 27, Prior
Government Service, subsection 5., to read as follows:
5. In no event, however, may Credited Service be purchased pursuant to this
Section for prior service with any other governmental agency, if such prior service forms
or will form the basis of a retirement benefit or pension from another retirement system or
plan as set forth in Section 14, subsection 4+13 12.B.
SECTION 10: That the City of Okeechobee and Okeechobee Utility Authority
Employees' Retirement System, adopted pursuant to Ordinance No. 1053, as
subsequently amended, is hereby further amended by amending Section 28, Deferred
Retirement Option Plan, to read as follows:
SECTION 28. DEFERRED RETIREMENT OPTION PLAN.
1. Definitions.
As used in this Section 28, the following definitions apply:"
A. "DROP" — The City of Okeechobee General Employees' Deferred
Retirement Option Plan.
B. "DROP Account" — The account established for each DROP
participant under subsection 3.
C "Total return of the assets" — For purposes of calculating earnings on
a Member's DROP Account pursuant to subsection 3.13.(2)(b). for
each fiscal year guarter the percentage increase (or decrease) in the
interest and dividends earned on investments including realized and
unrealized gains (or losses), of the total plan assets.
Participation.
A. Eligibilily to Participate.
In lieu of terminating his employment as a General Employee, any
Member who is eligible for normal retirement under the System may
elect to defer receipt of such service retirement pension and to
participate in the DROP.
B. Election to Participate.
A Member's election to participate in the DROP must be made in
writing in a time and manner determined by the Board and shall be
effective on the first day of the first calendar month which is at least
fifteen (15) business days after it is received by the Board.
C. Period of Participation.
A Member who elects to participate in the DROP under subsection
2.B., shall participate in the DROP for a period not to exceed sixty
(60) months beginning at the time his election to participate in the
DROP first becomes effective. An election to participate in the DROP
shall constitute an irrevocable election to resign from the service of
the City not later than the date provided for in the previous sentence.
A Member may participate only once.
D. Termination of Participation.
(1) A Member's participation in the DROP shall cease at the
earlier of:
(a) the end of his permissible period of participation in the
DROP as determined under subsection 2.C.; or
(b) termination of his employment as a General Employee.
(2) Upon the Member's termination of participation in the DROP,
pursuant to subsection (a) above, all amounts provided for in
subsection 3.B., including monthly benefits and investment
earnings and losses or interest, shall cease to be transferred
from the System to his DROP Account. Any amounts
remaining in his DROP Account shall be paid to him in
accordance with the provisions of subsection 4. when he
terminates his employment as a General Employee.
(3) A Member who terminates his participation in the DROP under
this subsection 2.D. shall not be permitted to again become a
participant in the DROP.
E. Effect of DROP Participation on the System.
(1) A Member's Credited Service and his accrued benefit under
the System shall be determined on the date his election to
participate in the DROP first becomes effective. The Member
shall not accrue any additional Credited Service or any
additional benefits under the System (except for any
supplemental benefit payable to DROP participants or any
additional benefits provided under any cost -of -living
adjustmentfor Retirees in the System) while he is a participant
in the DROP. After a Member commences participation, he
shall not be permitted to again contribute to the System nor
shall he be eligible for disability or pre -retirement death
benefits, except as provided for in Section 26, Reemployment
After Retirement.
(2) No amounts shall be paid to a Member from the System while
the Member is a participant in the DROP. Unless otherwise
specified in the System, if a Member's participation in the
DROP is terminated btherthan by terminating his employment
as a General Employee, no amounts shall be paid to him from
the System until he terminates his employment as a General
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Employee. Unless otherwise specified in the System, amounts
transferred from the System to the Member's DROP Account
shall be paid directly to the Member only on the termination of
his employment as a General Employee.
3. Funding.
A. Establishment of DROP Account.
A DROP Account shall be established for each Member participating
in the DROP. A Member's DROP Account shall consist of amounts
transferred to the DROP under subsection 3.B., and earnings or
Interest on those amounts.
B. Transfers From Retirement System.
(1) As of the first day of each month of a Member's period of
participation in the DROP, the monthly retirement benefit he
would have received under the System had he terminated his
employment as a General Employee and elected to receive
monthly benefit payments thereunder shall be transferred to
his DROP Account, except as otherwise provided for in
subsection 2.D.(2). A Member's period of participation in the
DROP shall be determined in accordance with the provisions
of subsections 2.C. and 2.D., but in no event shall it continue
past the date he terminates his employment as a General
Employee.
(2) Except as otherwise provided in subsection 2.D.(2), a
Member's DROP Account under this subsection 3.13. shall be
debited or credited after eaeh fiseal year quarter with either.
(a) Interest at an effective rate of six and one-half percent
(6.5%) perannum compounded monthly determined on
the last business day of the prior month's ending
balance and credited to the Member's DROP Account
as of such date (to be applicable to all current and
future DROP participants); or
(b) Earnings, to be credited or debited to the Member's
DROP Account determined as of the last business day
of each fiscal year quarter and debited or credited as of
such date, determined as follows:
The average daily balance in a Member's DROP
Account shall be credited or debited at a rate equal to
the net investment return realized by the System for
that quarter. "Net investment return" for the purpose of
this paragraph is the total return of the assets in which
the Member's DROP Account is invested by the Board
net of brokerage commissions, transaction costs and
management fees.
Upon electing participation in the DROP, the Member
shall elect to receive either interest or earnings on his
account to be determined as provided above. The
Member may, in writing, elect to change his election
only once during his DROP participation. An election to
change must be made prior to the end of a quarter and
shall be effective beginning the following quarter.
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(3) A Member's DROP Account shall only be credited or debited
with earnings or interest and monthly benefits while the
Member is a participant in the DROP. A Member's final DROP
account value for distribution to the Member upon termination
of participation in the DROP shall be the value of the account
at the end of the quarter immediately preceding termination of
participation for participants electing the net plan return and at
the end of the month immediately preceding termination of
participation for participants electing the fiat interest rate
return, plus any monthly periodic additions made to the DROP
account subsequent to the end of the previous quarter or
month, as applicable, and prior to distribution. if a Member
fails to terminate employment after participating in the DROP
for the permissible period of DROP participation, then
beginning with the Member's 1st month of employment
following the last month of the permissible period of DROP
participation, the Member's DROP Account will no longer be
credited or debited with earnings or interest, nor will monthly
benefits be transferred to the DROP account. All such non -
transferred amounts shall be forfeited and continue to be
forfeited while the Member is employed by the City, and no
cost -of -living adjustments shall be applied to the Member's
creditduring such period of continued employment. A Member
employed by the City after the permissible period of DROP
participation will be eligible for pre -retirement death and
disability benefits, and will accrue additional Credited Service,
only as provided for in Section 25.
4. Distribution of DROP Accounts on Termination of Employment.
A. Eligibility for Benefits.
A Member shall receive the balance in his DROP Account in
accordance with the provisions of this subsection 4. upon his
termination of employment as a General Employee. Except as
provided in subsection 4.E., no amounts shall be paid to a Member
from the DROP prior to his termination of employment as a General
Employee.
Form of Distribution.
(1) Unless the Member elects otherwise, distribution of his DROP
Account shall be made in a lump sum, subject to the direct
rollover provisions set forth in subsection 4.17. Elections under
this paragraph shall be in writing and shall be made in such
time or manner as the Board shall determine.
(2) If a Member dies before his benefit is paid, his DROP Account
shall be paid to his Beneficiary in such optional form as his
Beneficiary may select. if no Beneficiary designation is made,
the DROP Account shall be distributed to the Member's estate.
C. Date of Payment of Distribution.
Except as otherwise provided in this subsection 4., distribution of a
Member's DROP Account shall be made as soon as administratively
practicable following the Member's termination of employment.
Distribution of the amount in a Member's DROP account will not be
made unless the Member completes a written request for distribution
and a written election, on forms designated by the Board, to either
receive a cash lump sum or a rollover of the lump sum amount.
D. Proof of Death and Right of Beneficiary or Other Person.
The Board may require and rely upon such proof of death and such
evidence of the right of any Beneficiary or other person to receive the
value of a deceased Member's DROP Account as the Board may
deem proper and its determination of the right of that Beneficiary or
other person to receive payment shall be conclusive.
E. Distribution Limitation.
Notwithstanding any other provision of this subsection 4., all
distributions from the DROP shall conform to the "Minimum
Distribution Of Benefits" provisions as provided for herein.
F. Direct Rollover of Certain Distributions.
This subsection applies to distributions made on or after January 1,
2002. Notwithstanding any provision of the DROP to the contrary, a
distributee may elect to have any portion of an eligible rollover
distribution paid in a direct rollover as otherwise provided under the
System in Section 24.
5. Administration of DROP.
A. Board Administers the DROP.
The general administration of the DROP, the responsibilityforcarying
out the provisions of the DROP and the responsibility of overseeing
the investment of the DROP's assets shall be placed in the Board.
The members of the Board may appoint from their number such
subcommittees with such powers as they shall determine; may adopt
such administrative procedures and regulations as they deem
desirable for the conduct of their affairs; may authorize one or more
of their number or any agent to execute or deliver any instrument or
make any payment on their behalf; may retain counsel, employ
agents and provide for such clerical, accounting, actuarial and
consulting services as they may require in carrying out the provisions
of the DROP; and may allocate among themselves or delegate to
other persons all or such portion of their duties under the DROP,
other than those granted to them as Trustee under any trust
agreement adopted for use in implementing the DROP, as they, in
their sole discretion, shall decide. A Trustee shall not vote on any
question relating exclusively to himself.
Individual Accounts. Records and Reports.
The Board shall maintain records showing the operation and condition
of the DROP, including records showing the individual balances in
each Member's DROP Account, and the Board shall keep in
convenient form such data as may be necessary for the valuation of
the assets and liabilities of the DROP. The Board shall prepare and
distribute to Members participating in the DROP and other individuals
or file with the appropriate governmental agencies, as the case may
be, all necessary descriptions, reports, information returns, and data
required to be distributed or filed for the DROP pursuant to the Code
and any other applicable laws.
C. Establishment of Rules.
Subject to the limitations of the DROP, the Board from time to time
shall establish rules for the administration of the DROP and the
transaction of its business. The Board shall have discretionary
authorityto construe and interpretthe DROP (including but not limited
to determination of an individual's eligibility for DROP participation,
the right and amount of any benefit payable under the DROP and the
date on which any individual ceases to be a participant in the DROP).
The determination of the Board as to the interpretation of the DROP
or its determination of any disputed questions shall be conclusive and
final to the extent permitted by applicable law.
D. Limitation of Liability.
(1) The Trustees shall not incur any liability individually or on
behalf of any other individuals for any act or failure to act,
made in good faith in relation to the DROP or the funds of the
DROP.
(2) Neither the Board nor any Trustee of the Board shall be
responsible for any reports furnished by any expert retained or
employed by the Board, but they shall be entitled to rely
10
M
In
thereon as well as on certificates furnished by an accountant
or an actuary, and on all opinions of counsel. The Board shall
be fully protected with respect to any action taken or suffered
by it in good faith in reliance upon such expert, accountant,
actuary or counsel, and all actions taken or suffered in such
reliance shall be conclusive upon any person with any interest
in the DROP.
6. General Provisions.
A. The DROP is not a separate retirement plan.
a
Notional account.
The DROP Account established for such a Member is a notional
account, used only for the purpose of calculation of the DROP
distribution amount. it is not a separate account in the System.
There is no change in the System's assets, and there is no distribution
available to the Member until the Member's termination from the
DROP. The Member has no control over the investment of the DROP
account.
C. No emolover discretion.
The DROP benefit is determined pursuant to a specific formula which
does not involve employer discretion.
D. IRC limit.
The DROP Account distribution, along with other benefits payable
from the System. is subject to limitation under Internal Revenue Code
Section 415(b).
(A E) Amendment of DROP.
The DROP may be amended by an ordinance of the City at any time
and from time. to time, and retroactively if deemed necessary or
appropriate, to amend in whole or in part any or all of the provisions
of the DROP. However, except as otherwise provided by law, no
amendment shall make it possible for any part of the DROP's funds
to be used for, or diverted to, purposes other than for the exclusive
benefit of persons entitled to benefits under the DROP. No
amendment shall be made which has the effect of decreasing the
balance of the DROP Account of any Member.
B F. Facility of Payment.
If a Member or other person entitled to a benefit under the DROP is
unable to care for his affairs because of illness or accident or is a
minor, the Board shall direct that any benefit due him shall be made
only to a duly appointed legal representative. Any payment so made
shall be a complete discharge of the liabilities of the DROP for that
benefit.
E G. Information.
Each Member, Beneficiary orother person entitled10 a benefit, before
any benefit shall be payable to him or on his account under the
DROP, shall file with the Board the information that it shall require to
establish his rights and benefits under the DROP.
11
'v✓
B H. Prevention of Escheat.
If the Board cannot ascertain the whereabouts of any person to whom
a payment is due under the DROP, the Board may, no earlier than
three (3) years from the date such payment is due, mail a notice of
such due and owing payment to the last known address of such
person, as shown on the records of the Board or the City. If such
person has not made written claim therefor within three (3) months of
the date of the mailing, the Board may, if it so elects and upon
receiving advice from counsel to the System, directthat such payment
and all remaining payments otherwise due such person be canceled
on the records of the System. Upon such cancellation, the System
shall have no further liability therefor except that, in the event such
person or his Beneficiary later notifies the Board of his whereabouts
and requests the payment or payments due to him under the DROP,
the amount so applied shall be paid to him in accordance with the
provisions of the DROP.
E I. Written Elections. Notification.
(1) Any elections, notifications or designations made by a Member
pursuant to the provisions of the DROP shall be made in
writing and filed with the Board in a time and manner
determined by the Board under rules uniformly applicable to all
employees similarly situated. The Board reserves the right to
change from time to time the manner for making notifications,
elections or designations by Members under the DROP if it
determines after due deliberation that such action is justified in
that it improves the administration of the DROP. In the event
of a conflict between the provisions for making an election,
notification or designation set forth in the DROP and such new
administrative procedures, those new administrative
procedures shall prevail.
(2) Each Member or Retiree who has a DROP Account shall be
responsible for furnishing the Board with his current address
and any subsequent changes in his address. Any notice
required to be given to a Memberor Retiree hereundershall be
deemed given if directed to him at the last such address given
to the Board and mailed by registered or certified United States
mail. If any check mailed by registered or certified United
States mail to such address is returned, mailing of checks will
be suspended until such time as the Member or Retiree
notifies the Board of his address.
E J. Benefits Not Guaranteed.
All benefits payable to a Member from the DROP shall be paid only
from the assets of the Member's DROP Account and neither the City
nor the Board shall have any duty or liability to furnish the DROP with
any funds, securities or other assets except to the extent required by
any applicable law.
6 K. Construction.
(1) The DROP shall be construed, regulated and administered
under the. laws of Florida, except where other applicable law
controls.
(2) The titles and headings of the subsections in this Section 28
are for convenience only. In the case of ambiguity or
inconsistency, the text rather than the titles or headings shall
control.
tf L. Forfeiture of Retirement Benefits.
Nothing in this Section shall be construed to remove DROP
participants from the application of anyforfeiture provisions applicable
to the System. DROP participants shall be subject to forfeiture of all
retirement benefits, including DROP benefits.
12
M
f M. Effect of DROP Participation on Employment.
Participation in the DROP is not a guarantee of employment and
DROP participants shall be subject to the same employment
standards and policies that are applicable to employees who are not
DROP participants.
SECTION 11: Specific authority is hereby granted to codify and incorporate this
Ordinance in the existing Code of Ordinances of the City of Okeechobee.
SECTION 12: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 13: If any section, subsection, sentence, clause, phrase of this
ordinance, or the particular application thereof shall be held invalid by any court,
administrative agency, or other body with appropriate jurisdiction, the remaining section,
subsection, sentences, clauses, orphrases underappiication shall notbe affected thereby.
SECTION 14: That this Ordinance shall become effective upon adoption.
Introduced on first reading and set for public hearing this day of
.2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
Passed on second reading after public hearing this day of
.2016.
ATTEST:
Lane Gamiotea, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
dm/ok/gen/10-20-15.ord
James E. Kirk, Mayor
13
*111111111110
ANDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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 jiir _k j
a
in the matter of
Jr
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 afiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and
Notary Public,
re me this
day of
of Florida at Large
ANGIE BRIDGES
MY COMMISSION 8 EE 177653
EXPIRES: ApliI20, 2016
pF Q' Bonded Thfu Nary Public Undervrtiters
Katrina Elsken
a 1 a i&
Ex Ubt �.
W .Ale C&Py
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
NOTICE IS HEREBY GIVEN that the City Council of the Gty of Oke
bee, will conduct a Public Hearing on Tues, Feb 2, 2016 at 6 PM,
soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, I
consider final reading for ado n of the following Ordinance Into law:
1132: AN ORDINANCE OfTHE CITY OF OKEECHOBEE AMENI
THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY
THORr1Y EMPLOYEES' RETIREMENT SYSTEM. ADOPTED PUI
'LAN; PROVIDING -FOR CODIFICATION; F
ABILITY OF PROVISIONS; REPEALING
NFLICT HEREWITH AND PROVIDING AN
All members of the public are encouraged to attend and participate in said
Hearing. The proposed ordinance may be inspected in its entirety by mem-
bers of the public at the Office of the City perk during normal business
hours, Mon -Fri, 8:00 AM4:30 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'srecords.
B : City 6 Lane Gamictea, CMC
Exhibit 3
Lave Offices
Feb 2, 2016
Christiansen & Dehne r9 P.A.
63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240. 941.377.2200 • Fax 941.377.4848
November 6, 2015
Mr. Marcos Montes De Oca
City Administrator
City of Okeechobee
55 S.E. 3RD Avenue
Okeechobee, FL 34974-2032
Re: City of Okeechobee Municipal Firefighters' Pension Fund - Proposed Ordinance
Dear Mr. Montes De Oca:
I represent the Board of Trustees of your City of Okeechobee Municipal Firefighters'
Pension Fund. Enclosed please find a proposed ordinance amending the City of Okeechobee
Municipal Firefighters' Pension Fund that has been approved by the Board and recommended for
adoption by the City Council. With the recent adoption by the Florida Legislature of Chapter 2015-
39, Laws of Florida, and changes to the Internal Revenue Code (IRC) and its associated Regulations,
as well as guidance from the Internal Revenue Service (IRS), the following amendments to the
pension plan are proposed:
Section 1, Definitions, is being amended for IRC changes and requirements, to
amend the definitions of:
a. Actuarial Equivalent - to amend the definition to incorporate the Mortality
Table currently being used by the plan's actuary
b. Credited Service - to clarify IRC regulations on leave conversions
C. Firefighter - to update a reference in Florida Statutes.
d. Spouse - To clarify the definition in accordance with a recent US Supreme
Court ruling
2. Section 6, Benefit amounts and eligibility, is being amended to change the Normal
Retirement Date to include IRC required language regarding Normal Retirement Age
and Normal Retirement Date.
3. Section 8, Disability, is being amended to more clearly identify those individuals who
may be eligible to apply for a disability pension who have been terminated by the
City due to medical reasons.
4. Section 10, Optional Forms of Benefits, has been amended to:
Ms. Montes De Oca
November 6, 2015
Page 2
a. Amend the optional form of benefit known as a partial lump sum option
(PLOP), to clarify that the percentage chosen is calculated as a percent of the
total actuarial equivalent value of the member's benefit.
b. Amend subsection 2. to clarify that if proof of good health of a joint
pensioner who is being replaced is not provided, the actuary will assume that
the joint pensioner is deceased for purposes of calculating the revised benefit
amount.
Section 15, Maximum Pension, has had several subsections amended to comply with
IRC changes.
6. Section 16, Minimum Distribution of Benefits, is being amended for a reference
clarification in subsection 2.B.(4).
7. Section 27, Prior Fire Service, subsection 5., is being amended to correct a reference.
8. Section 28, Deferred Retirement Option Plan, is being amended in accordance with
recent direction from the IRS in connection with the issuance of several recent
Favorable Detennination Letters to: i) clarify investment returns on DROP accounts,
ii) clarify when interest and earnings are calculated and paid, and iii) add several
sections clarifying the DROP provisions as required by the IRS.
9. Section 30, Supplemental Benefit Component for Special Benefits; Chapter 175
Share Accounts, is a new Section being added to the plan. This Section creates a
'Share Plan', or defined contribution component, and the addition of a share plan is
a requirement of recently adopted Chapter 2015-39, Laws of Florida, for all pension
plans that are subject to the provisions of Chapters 175 and 185, Florida Statutes.
This Share Plan provides for a share account for each member of the plan. The Share
Plan is to be funded solely and entirely by Chapter 175, Florida Statutes, premium
tax monies for each plan year that funding is made available to it in accordance with
governing Florida Statutes and/or mutual agreement between the City and the plan
members. This supplemental benefit, therefore, may or may not be funded.
If the share plan is funded, at retirement, tennination (vested), disability or death,
there is an additional lump sum benefit paid to the eligible member. In this ordinance
available share plan funding is allocated to the members' accounts based on a fonnula
which provides an allocation based on years of credited service. Other allocation
methods (i.e. equal allocation) could be considered if requested by the plan
membership. Each share account receives its proportionate share of the income or
loss on the assets in the plan.
CM
Ms. Montes De Oca
November 6, 2015
Page 3
I ain enclosing a copy of a letter from the Board's actuary, Gabriel Roeder Smith & Company,
indicating that there is no cost associated with the adoption of this ordinance. If you or any member
of your staff have any questions with regard to this ordinance, please feel free to give me a call. In
addition, if you feel it would be appropriate for me to be present at the meeting at which this
ordinance is considered by the City Council, please contact my office to advise me of the date that
the ordinance would be considered.
Yours ve l y,,
Scott R. Christiansen
SRC/dm
enclosure
cc: Janet McKinely
GRS Gabriel Roeder Smith & Company One East Broward Blvd. 954.527.1616 phone
Consultants & Actuaries Suite 505 ' : 954.525.0083 fax
R. Lauderdale, FL 33301-1804 www.gabrielroedercom
October 28, 2015
Mr. Glenn Hodges
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, FL 34974-4221
Re: Okeechobee Municipal Firefighters' Pension Fund
Actuarial Impact Statement for Proposed Ordinance
Dear Glenn:
We have reviewed the proposed ordinance amending the Okeechobee Municipal Firefighters' Pension Fund
drafted by Scott Christiansen and dated September 25, 2015. This ordinance would amend the Plan as
follows:
■ Changes the definitions ofActuarial Equivalent to use anew mortality table, Credited Service to
reflect IRC changes and requirements, and spouse to reflect a Supreme Court ruling.
■ Includes IRC required language regarding Normal Retirement Age.
IN More clearly includes members terminated from the City for medical reasons who may be eligible
for a disability pension.
• For Partial Lump Sum Option (PLOP), clarifies that the amount is 20% of the total actuarial
equivalent value of the member's benefit.
Requires proof ofgood health of the current joint pensioner for purposes of calculating revised
benefit amounts when there is a change in joint pensioner.
■ Amends maximum pension to comply with IRC changes.
Amends minimum distribution of benefits for a reference clarification in subsection 2.B. (4).
• Amends prior fire service to correct a reference in subsection 5.
■ Amends Deferred Retirement Option Plan (DROP)to clam investment returns, when
interest and earnings are calculated and paid, and adds clarifying language as required by
the IRS
■ Creates a Share Plan as a Supplemental Benefit Component for Special Benefits funded
by Chapter 175, Florida Statutes.
In our opinion, this amendment will have no actuarial impact on the Plan.
0
Mr. Glenn Hodges
City of Okeechobee
October 28, 2015
Page 2
The attached Statement must be filed with the Division of Retirement before the final public hearing on the
ordinance. Please have a member of the Board of Trustees sign the Statement. Then send the Statement
along with a copy of the proposed ordinance to Tallahassee.
Theora Braccialarghe and Jeff Amrose are members of the American Academy of Actuaries and meet the
Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained
herein. The undersigned actuaries are independent of the plan sponsor.
This report has been prepared by actuaries who have substantial experience valuing public employee
retirement systems. To the best of our knowledge the information contained in this report is accurate and
fairly presents the actuarial position of the Plan as of the valuation date
Respectfully submitted,
Theora P. Braccialarghe, FSA, MAAA
Enrolled Actuary No. 14-2826
cc: Scott Christiansen, Plan Attorney
John Koepke, Board Chair
:<
Janet,ll!Icl, nley;..
Lose, MAAA
Enrolled Actuary No. 14-6599
Gabriel Roeder Smith & Company
cm
M
OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND
Impact Statement — October 28, 2015
Description of Amendment
The proposed ordinance amends the plan as follows:
■ Changes the definitions ofActuarial Equivalent to use anew mortality table, Credited Service to
reflect IRC changes and requirements, and spouse to reflect a Supreme Court ruling.
• Includes IRC required language regarding Normal Retirement Age.
■ More clearly includes members terminated from the City for medical reasons who may be eligible
for a disability pension.
■ For Partial Lump Sion Option (PLOP), clarifies that the amount is 20% of the total actuarial
equivalent value of the member's benefit.
■ Requires proof of good health of the cw•rent joint pensioner for purposes of calculating revised
benefit amounts when there is a change in joint pensioner.
■ Amends maximun; pension to comply with IRC changes.
• Amends minimum distribution of benefits fora reference clarification in subsection 2.B. (4).
• Amends prior fire service to correct a reference in subsection 5.
■ Amends Deferred Retirement Option Plan (DROP) to clam investment returns, when
interest and earnings are calculated and paid, and adds claming language as required by
the IRS.
• Creates a Share Plan as a Supplemental Benefit Component for Special Benefits funded
by Chapter 175, Florida Statutes.
Funding Implications of Amendment
There is no actuarial cost due to this ordinance.
Certification of Administrator
I believe the amendment to be in compliance with Part VIL Chapter 112, Florida Statutes and Section 14,
Article X of the Constitution of the State of Florida.
For tOe Board of Trustees
as Plan Administrator
Gabriel Roeder Smith 8, Company
,"we
ORDINANCE NO. 1133
AN ORDINANCE OF THE CITY OF OKEECHOBEE
FURTHER AMENDING THE CITY OF OKEECHOBEE
MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED
PURSUANT TO ORDINANCE 889, AS SUBSEQUENTLY
AMENDED; AMENDING SECTION 1, DEFINITIONS;
AMENDING SECTION 6, BENEFIT AMOUNTS AND
ELIGIBILITY; AMENDING SECTION 8, DISABILITY;
AMENDING SECTION 10, OPTIONAL FORMS OF
BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION;
AMENDING SECTION 16, MINIMUM DISTRIBUTION OF
BENEFITS; AMENDING SECTION 27, PRIOR FIRE
SERVICE; AMENDING SECTION 28, DEFERRED
RETIREMENT OPTION PLAN; ADDING SECTION 30,
SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA
BENEFITS; CHAPTER 175 SHARE ACCOUNTS;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY OF PROVISIONS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee Firefighter employees are presently provided
pension and certain other benefits under Ordinances of the City of Okeechobee; and
WHEREAS, it becomes necessary from time to time to amend said ordinances in
order to clarify or restate certain provisions of the ordinance, or to enact amendments to
comply with revised Federal regulations;
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
majorityvote of the City Council; and properly executed bythe Mayor ordesignee, as Chief
Presiding Officer for the City:
SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by amending Section 1, Definitions, to amend the definitions of "Actuarial
Equivalent", "Credited Service", "Firefighter" and "Spouse", to read as follows:
Actuarial Equivalent means that any benefit payable under the terms of this
System in a form other than the normal form of benefit shall have the same actuarial
present value on the date payment commences as the normal form of benefit. For
purposes of establishing the actuarial present value of any form of payment other than a
lump sum distribution, all future payments shall be discounted for interest and mortality by
using seven percent (7%) interest and the i994 Group Annuity RP-2000 Combined
Healthy Participant Mortality Table,proiected to 2015 using projection scale AA using a
for disabled lives. This definition may only be amended by the City pursuant to the
recommendation of the Board using assumptions adopted by the Board with the advice of
the plan's actuary, such that actuarial assumptions are not subject to City discretion.
Credited Service means the total number of years and fractional parts of years of
service as a Firefighter with Member contributions when required, omitting intervening
years or fractional parts of years when such Member was not employed by the City as a
Firefighter. A Member may voluntarily leave his Accumulated Contributions in the Fund
for a period of five (5) years after leaving the employ of the Fire Department pending the
possibility of being reemployed as a Firefighter, without losing credit for the time that he
was a Member of the System. If a vested Member leaves the employ of the Fire
Department, his Accumulated Contributions will be returned only upon his written request.
If a Memberwho is not vested is not reemployed as a Firefighter with the Fire Department
within five (5) years, his Accumulated Contributions, if one -thousand dollars ($1,000.00)
or less, shall be returned. If a Member who is not vested is not reemployed within five (5)
%W 140
years, his Accumulated Contributions, if more than one -thousand dollars ($1,000.00), will
be returned only upon the written request of the Member and upon completion of a written
election to receive a cash lump sum or to rollover the lump sum amount on forms
designated by the Board. Upon return of a Member's Accumulated Contributions, all of his
rights and benefits under the System are forfeited and terminated. Upon any
reemployment, a Firefighter shall not receive credit for the years and fractional parts of
years of service for which he has withdrawn his Accumulated Contributions from the Fund,
unless the Firefighter repays into the Fund the contributions he has withdrawn, with
interest, as determined by the Board, within ninety (90) days after his reemployment.
The years or fractional parts of a year that a Member performs "Qualified Military
Service consisting of voluntary or involuntary hservice in the uniformed services as
defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA)
(P.L.103-353), after separation from employment as a Firefighter with the City to perform
training or service, shall be added to his years of Credited Service for all purposes,
including vesting, provided that:
A. The Member is entitled to reemployment under the provisions of
USERRA.
B. The Member returns to his employment as a Firefighterwithin one (1)
yearfrom the earlier of the date of his military discharge or his release
from active service, unless otherwise required by USERRA.
C. The maximum credit for military service pursuant to this paragraph
shall be five (5) years.
D. This paragraph is intended to satisfy the minimum requirements of
USERRA. To the extent that this paragraph does not meet the
minimum standards of USERRA, as it may be amended from time to
time, the minimum standards shall apply.
In the event a Member dies on or after January 1, 2007, while performing USERRA
Qualified Military Service, the beneficiaries of the Member are entitled to any benefits
(other than benefit accruals relating to the period of qualified military service) as if the
Member had resumed employment and then died while employed.
Beginning January 1, 2009, to the extent required by Section 414(u)(12) of the
Code, an individual receiving differential wage payments (as defined under Section
3401(h)(2) of the Code) from an employer shall be treated as employed by that employer,
and the differential wage payment shall be treated as compensation for purposes of
applying the limits on annual additions under Section 415(c) of the Code. This provision
shall be applied to all similarly situated individuals in a reasonably equivalent manner.
Firefighter means an actively employed full-time person employed by the City,
including his initial probationary employment period, who is certified as a Firefighter as a
condition of employment in accordance with the provisions of §63333 633.408, Florida
Statutes, and whose duty it is to extinguish fires, to protect life and to protect property. The
term includes all certified, supervisory, and command personnel whose duties include, in
whole or in part, the supervision, training, guidance, and management responsibilities of
full-time firefighters, part-time firefighters, or auxiliary firefighters but does not include part-
time firefighters or auxiliary firefighters.
Spouse means the Members
or Retiree's spouse under applicable law at the time benefits become payable.
SECTION 2: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by amending Section 6, Benefit Amounts and Eligibility, subsection 1., Normal
Retirement Date, to read as follows:
Normal Retirement Age and Date.
SECTION 3: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by amending Section 8, Disability, subsection 1., Disability Benefits In -Line of
Duty, and subsection 3., Disability Benefits Not -in -Line of Duty, to read as follows:
1. Disability Benefits In -Line of Duty.
Any Memberwho shall become totally and permanently disabled to the extent
that he is unable, by reason of a medically determinable physical or mental impairment,
to render useful and efficient service as a Firefighter, which disability was directly caused
by the performance of his duty as a Firefighter, shall, upon establishing the same to the
satisfaction of the Board, be entitled to a monthly pension equal to three percent (3%) of
his Average Final Compensation multiplied by the total years of Credited Service, but in
any event, the minimum amount paid to the Member shall be forty-two percent (42%) of
the Average Final Compensation of the Member. Terminated persons, either vested or
nm not nlinihia fnr disahility benefit .by -Al se "icy
3. Disability Benefits Not -in -Line of Duty.
Any Member with five (6) or more years of Credited Service who shall
become totally and permanently disabled to the extent that he is unable, by reason of a
medically determinable physical or mental impairment, to render useful and efficient
service as a Firefighter, which disability is not directly caused by the performance of his
duties as a Firefighter shall, upon establishing the same to the satisfaction of the Board,
be entitled to a monthly pension equal to the greater of (i) or (ii) where (i) is two percent
(2%) of Average Final Compensation multiplied by the total years of Credited Service and
(ii) is a benefit determined in the same manner as for early retirement as set forth in
Section 6, subsection 46, providing for an actuarial reduction. In any event, the minimum
amount paid to the Member shall be twenty-five percent (26%) of his Average Final
rnmnensation. Terminated persons, either vested or non -vested, are not eligible for
SECTION 4: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by amending Section 10, Optional Forms of Benefits, subsections 1.D. and 2.,
to read as follows:
1. D. For any Member who does not participate in the DROP pursuant to
Section 28, a lump sum payment payable to the Retiree equal to
twenty percent (20%) of the present total actuarial equivalent value of
the Retiree's accrued benefit at the date of retirement with the
remaining eighty percent (80%) payable to the Retiree in a form
selected by the Retiree and provided for in A, or B or C above or in
the normal form (10 year certain and life). A Retiree who is a
participant in the Deferred Retirement Option Plan shall not be eligible
to select this partial lump sum option.
2. The Member, upon electing anyoption of this Section, will designate the joint
pensioner (subsection 1.A. above) or Beneficiary (or Beneficiaries) to receive the benefit,
if any, payable under the System in the event of Member's death, and will have the power
to change such designation from time to time. Such designation will name a joint
pensioner or one (1) or more primary Beneficiaries where applicable. A Member may
change his Beneficiary at any time. If a Member has elected an option with a joint
pensioner and the Member's retirement income benefits have commenced, the Member
may thereafter change his designated Beneficiary at any time, but my only change his joint
pensioner twice. Subject to the restriction in the previous sentence, a Member may
substitute anew joint pensioner for a deceased joint pensioner. In the absence of proof
SECTION 5: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by amending Section 15, Maximum Pension, subsections 6., 8., 12.B., and by
adding subsection 13., to read as follows:
Less than Ten N 0) Years of Participation erSeryiee.
The maximum retirement benefits payable under this Section to any Member
who has completed less than ten (10) years of participation
shall be the amount determined under subsection 1 of this Section multiplied by a fraction,
the numerator of which is the number of the Member's years of
participation and the denominator of which is ten (10). The reduction provided by this
subsection cannot reduce the maximum benefit below 10% of the limit determined without
regard to this subsection. The reduction provided for in this subsection shall not be
applicable to pre -retirement disability benefits paid pursuant to Section 8 or pre -retirement
death benefits paid pursuant to Section 7.
+++++
Ten Thousand Dollar ($10.000) Limit: Less Than Ten Years of Service.
Notwithstanding anything in this Section 15, the retirement benefit payable
with respect to a Member shall be deemed not to exceed the limit set forth in this
subsection 8. of Section 15 if the benefits payable, with respect to such Member under this
System and under all other qualified defined benefit pension plans to which the City
contributes, do not exceed ten thousand dollars ($10,000) for the applicable limitation year
aM or for any prior limitation year, and the City has not at any time maintained a qualified
defined contribution plan in which the Member participated; provided, however, that if the
Member has completed less than ten (10) years of Credited Service with the City, the limit
under this subsection 8. of Section 15 shall be a reduced limit equal to ten thousand dollars
($10,000) multiplied by a fraction, the numerator of which is the number of the Member's
years of Credited Service and the denominator of which is ten (10).
12. B. No Member of the System shall be allowed to receive a retirement
benefit or pension which is in part or in whole based upon any service
with respect to which the Member is already receiving, or will receive
in the future, a retirement benefit or pension from a different
employer's retirement system or plan. This restriction does not apply
to social security benefits or federal benefits under Chapter 671223,
Title 10, U.S. Code.
13. Effect of Direct Rollover on 415(bl Limit.
SECTION 6: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by amending Section 16, Minimum Distribution of Benefits, subsection 2.B.(4),
to read as follows:
2. B. (4) . If the Member's surviving spouse is the Member's sole
designated beneficiary and the surviving spouse dies after the
Member but before distributions to the surviving spouse begin,
this subsection 2.B., other than subsection 2.B.(1), will apply
as if the surviving spouse were the Member.
For purposes of this subsection 2.13. and subseetio,
distributions are considered to begin on the Member's required
beginning date or, if subsection 2.B.(4) applies, the date of
distributions are required to begin to the surviving spouse
under subsection 2.B.(1). if annuity payments irrevocably
commence to the Member before the Member's required
beginning date (or to the Member's surviving spouse before
the date distributions are required to begin to the surviving
spouse under subsection 2.13.(1)), the date distributions are
considered to begin is the date distributions actually
commence.
SECTION 7: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by amending Section 27, Prior Fire Service, subsection 5., to read as follows:
5. In no event, however, may Credited Service be purchased pursuant to this
Section for prior service with anyother municipal, county or special districtfire department,
if such prior service forms or will form the basis of a retirement benefit or pension from a
different employer's retirement system or plan as set forth in Section 15, subsection 11:6:
12.13.
SECTION 8: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by amending Section 28, Deferred Retirement Option Plan, to read as follows:
SECTION 28. DEFERRED RETIREMENT OPTION PLAN.
Definitions.
As used in this Section 28, the following definitions apply:"
A. "DROP" —The City of Okeechobee Firefighters' Deferred Retirement
Option Plan.
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B. "DROP Account" -- The account established for each DROP
participant under subsection 3.
C "Total return of the assets!'-- For purposes of calculating earnings on
a Member's DROP Account pursuant to subsection 3.13.(2)(b). for
each fiscal year quarter, the percentage increase (or decrease) in the
interest and dividends earned on investments, including realized and
unrealized gains (or losses), of the total plan assets.
2. Participation.
A. Eligibility to Participate.
In lieu of terminating his employment as a Firefighter, any Member
who is eligible for normal retirement under the System may elect to
defer receipt of such service retirement pension and to participate in
the DROP.
B. Election to Participate.
A Member's election to participate in the DROP must be made in
writing in a time and manner determined by the Board and shall be
effective on the first day of the first calendar month which is at least
fifteen (15) business days after it is received by the Board.
C. Period of Participation.
A Member who elects to participate in the DROP under subsection
2.B., shall participate in the DROP for a period not to exceed sixty
(60) months beginning at the time his election to participate in the
DROP first becomes effective. An election to participate in the DROP
shall constitute an irrevocable election to resign from the service of
the City not later than the date provided for in the previous sentence.
A Member may participate only once.
D. Termination of Participation.
(1) A Member's participation in the DROP shall cease at the
earlier of.
(a) the end of his permissible period of participation in the
DROP as determined under subsection 2.C.; or
(b) termination of his employment as a Firefighter.
(2) Upon the Member's termination of participation in the DROP,
pursuant to subsection (a) above, all amounts provided for in
subsection 3.B., including monthly benefits and investment
earnings and losses or interest, shall cease to be transferred
from the System to his DROP Account. Any amounts
remaining in his DROP Account shall be paid to him in
accordance with the provisions of subsection 4. when he
terminates his employment as a Firefighter.
(3) A Member who terminates his participation in the DROP under
this subsection 2.D. shall not be permitted to again become a
participant in the DROP.
E. Effect of DROP Participation on the System.
(1) A Member's Credited Service and his accrued benefit under
the System shall be determined on the date his election to
participate in the DROP first becomes effective. The Member
shall not accrue any additional Credited Service or any
additional benefits under the System (except for any
supplemental benefit payable to DROP participants or any
additional benefits provided under any cost -of -living
adjustment for Retirees in the System) while he is a participant
in the DROP. After a Member commences participation, he
shall not be permitted to again contribute to the System nor
shall he be eligible for disability or pre -retirement death
.✓ 140W
benefits, except as provided for in Section 29, Reemployment
After Retirement.
(2) No amounts shall be paid to a Memberfrom the System while
the Member is a participant in the DROP. Unless otherwise
specified in the System, if a Member's participation in the
DROP is terminated otherthan byterminating his employment
as a Firefighter, no amounts shall be paid to him from the
System until he terminates his employment as a Firefighter.
Unless otherwise specked in the System, amounts transferred
from the System to the Member's DROP Account shall be paid
directly to the Member only on the termination of his
employment as a Firefighter.
3. Funding.
A. Establishment of DROP Account.
A DROP Account shall be established for each Member participating
in the DROP. A Member's DROP Account shall consist of amounts
transferred to the DROP under subsection 3.B., and earnings or
interest on those amounts.
B. Transfers From Retirement System.
(1) As of the first day of each month of a Member's period of
participation in the DROP, the monthly retirement benefit he
would have received under the System had he terminated his
employment as a Firefighter and elected to receive monthly
benefit payments thereunder shall be transferred to his DROP
Account, except as otherwise provided for in subsection
2.D.(2). A Member's period of participation in the DROP shall
be determined in accordance with the provisions of
subsections 2.C. and 2.D., but in no event shall it continue past
the date he terminates his employment as a Firefighter.
(2) Except as otherwise provided in subsection 2.D.(2), a
Member's DROP Account under this subsection 3.6. shall be
debited or credited ith either:
(a) Interest at an effective rate of six and one-half percent
(6.5%) per annum compounded monthly determined on
the last business day of the prior month's ending
balance and credited to the Member's DROP Account
as of such date (to be applicable to all current and
future DROP participants); or
(b) Earnings, to be credited or debited to the Member's
DROP Account determined as of the last business day
of each fiscal year quarter and debited or credited as of
such date. determined as follows:
The average daily balance in a Member's DROP
Account shall be credited or debited at a rate equal to
the net investment return realized by the System for
that quarter. "Net investment return" for the purpose of
this paragraph is the total return of the assets in which
the Member's DROP Account is invested by the Board
net of brokerage commissions, transaction costs and
management fees.
Upon electing participation in the DROP, the Member shall
elect to receive either interest or earnings on his account to be
determined as provided above. The Member may, in writing,
elect to change his election only once during his DROP
participation. An election to change must be made prior to the
end of a quarter and shall be effective beginning the following
quarter.
(3) A Member's DROP Account shall only be credited or debited
with earnings or interest and monthly benefits while the
Member is a participant in the DROP. A Member's final DROP
account value for distribution to the Member upon termination
of participation in the DROP shall be the value of the account
at the end of the quarter immediately preceding termination of
participation for participants electing the net Plan return and at
the end of the month immediately preceding termination of
participation for participants electing the flat interest rate
return, plus any monthly periodic additions made to the DROP
account subsequent to the end of the previous quarter or
month, as applicable, and prior to distribution. If a Member
fails to terminate employment after participating in the DROP
for the permissible period of DROP participation, then
beginning with the Member's 1st month of employment
following the last month of the permissible period of DROP
participation, the Member's DROP Account will no longer be
credited or debited with earnings or interest, nor will monthly
benefits be transferred to the DROP account. All such non -
transferred amounts shall be forfeited and continue to be
forfeited while the Member is employed by the Fire
Department, and no cost -of -living adjustments shall be applied
to the Member's credit during such period of continued
employment. A Member employed by the Fire Department
after the permissible period of DROP participation will be
eligible for pre -retirement death and disability benefits, and will
accrue additional Credited Service, only as provided for in
Section 29.
4. Distribution of DROP Accounts on Termination of Employment.
A. Eligibility for Benefits.
A Member shall receive the balance in his DROP Account in
accordance with the provisions of this subsection 4. upon his
termination of employment as a Firefighter. Except as provided in
subsection 4.E., no amounts shall be paid to a Member from the
DROP prior to his termination of employment as a Firefighter.
B. Form of Distribution.
(1) Unless the Member elects otherwise, distribution of his DROP
Account shall be made in a lump sum, subject to the direct
rollover provisions set forth in subsection 4.F. Elections under
this paragraph shall be in writing and shall be made in such
time or manner as the Board shall determine.
(2) If a Member dies before his benefit is paid, his DROP Account
shall be paid to his Beneficiary in such optional form as his
Beneficiary may select. If no Beneficiary designation is made,
the DROP Account shall be distributed to the Member's estate.
C. Date of Payment of Distribution.
Except as otherwise provided in this subsection 4., distribution of a
Member's DROP Account shall be made as soon as administratively
practicable following the Member's termination of employment.
Distribution of the amount in a Member's DROP account will not be
made unless the Member completes a written request for distribution
and a written election, on forms designated by the Board, to either
receive a cash lump sum or a rollover of the lump sum amount.
+.rr .✓
D. Proof of Death and Right of Beneficiary or Other Person.
The Board may require and rely upon such proof of death and such
evidence of the right of any Beneficiary or other person to receive the
value of a deceased Member's DROP Account as the Board may
deem proper and its determination of the right of that Beneficiary or
other person to receive payment shall be conclusive.
E. Distribution Limitation.
Notwithstanding any other provision of this subsection 4., all
distributions from the DROP shall conform to the "Minimum
Distribution Of Benefits" provisions as provided for herein.
Direct Rollover of Certain Distributions.
This subsection applies to distributions made on or after January 1,
2002. Notwithstanding any provision of the DROP to the contrary, a
distributee may elect to have any portion of an eligible rollover
distribution paid in a direct rollover as otherwise provided under the
System in Section 26.
Administration of DROP.
A. Board Administers the DROP.
The general administration ofthe DROP, the responsibilityfor carrying
out the provisions of the DROP and the responsibility of overseeing
the investment of the DROP's assets shall be placed in the Board.
The members of the Board may appoint from their number such
subcommittees with such powers as they shall determine; may adopt
such administrative procedures and regulations as they deem
desirable for the conduct of their affairs; may authorize one or more
of their number or any agent to execute or deliver any instrument or
make any payment on their behalf; may retain counsel, employ
agents and provide for such clerical, accounting, actuarial and
consulting services as they may require in carrying out the provisions
of the DROP; and may allocate among themselves or delegate to
other persons all or such portion of their duties under the DROP,
other than those granted to them as Trustee under any trust
agreement adopted for use in implementing the DROP, as they, in
their sole discretion, shall decide. A Trustee shall not vote on any
question relating exclusively to himself.
B. Individual Accounts Records and Reports.
The Board shall maintain records showing the operation and condition
of the DROP, including records showing the individual balances in
each Member's DROP Account and the Board shall keep in
convenient form such data as may be necessary for the valuation of
the assets and liabilities of the DROP. The Board shall prepare and
distribute to Members participating in the DROP and other individuals
or file with the appropriate governmental agencies, as the case may
be, all necessary descriptions, reports, information returns, and data
required to be distributed or filed for the DROP pursuant to the Code
and any other applicable laws.
C. Establishment of Rules.
Subject to the limitations of the DROP, the Board from time to time
shall establish rules for the administration of the DROP and the
transaction of its business. The Board shall have discretionary
authority to construe and interpret the DROP (including but not limited
to determination of an individual's eligibility for DROP participation,
the right and amount of any benefit payable under the DROP and the
date on which any individual ceases to be a participant in the DROP).
The determination of the Board as to the interpretation of the DROP
or its determination of any disputed questions shall be conclusive and
final to the extent permitted by applicable law.
Im
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D. Limitation of Liability.
(1) The Trustees shall not incur any liability individually or on
behalf of any other individuals for any act or failure to act,
made in good faith in relation to the DROP or the funds of the
DROP.
(2) Neither the Board nor any Trustee of the Board shall be
responsible for any reports furnished by any expert retained or
employed by the Board, but they shall be entitled to rely
thereon as well as on certificates furnished by an accountant
or an actuary, and on all opinions of counsel. The Board shall
be fully protected with respect to any action taken or suffered
by it in good faith in reliance upon such expert, accountant,
actuary or counsel, and all actions taken or suffered in such
reliance shall be conclusive upon any person with any interest
in the DROP.
6. General Provisions.
A.
The DROP is not a separate retirement plan.
B. Notional account.
The DROP Account established for such a Member is a notional
account, used only for the purpose of calculation of the DROP
distribution amount. It is not a separate account in the System.
There is no change in the System's assets, and there is no distribution
available to the Member until the Member's termination from the
DROP. The Member has no control over the investment of the DROP
account.
C. No employer discretion.
The DROP benefit is determined pursuant to a specific formula which
does not involve employer discretion.
D. IRC limit.
The DROP Account distribution, along with other benefits payable
from the System, is subiectto limitation under Internal Revenue Code
Section 415(b).
(A E) Amendment of DROP.
The DROP may be amended by an ordinance of the City at any time
and from time to time, and retroactively if deemed necessary or
appropriate, to amend in whole or in part any or all of the provisions
of the DROP. However, except as otherwise provided by law, no
amendment shall make it possible for any part of the DROP's funds
to be used for, or diverted to, purposes other than for the exclusive
benefit of persons - entitled to benefits under the DROP. No
amendment shall be made which has the effect of decreasing the
balance of the DROP Account of any Member.
0 F. Facility of Payment.
If a Member or other person entitled to a benefit under the DROP is
unable to care for his affairs because of illness or accident or is a
minor, the Board shall direct that any benefit due him shall be made
only to a duly appointed legal representative. Any payment so made
10
shall be a complete discharge of the liabilities of the DROP for that
benefit.
E G. Information.
Each Member, Beneficiary or other person entitled to a benefit, before
any benefit shall be payable to him or on his account under the
DROP, shall file with the Board the information that it shall require to
establish his rights and benefits under the DROP.
B H. Prevention of Escheat.
If the Board cannot ascertain the whereabouts of any person to whom
a payment is due under the DROP, the Board may, no earlier than
three (3) years from the date such payment is due, mail a notice of
such due and owing payment to the last known address of such
person, as shown on the records of the Board or the City. If such
person has not made written claim therefor within three (3) months of
the date of the mailing, the Board may, if it so elects and upon
receiving advice from counsel to the System, direct that such payment
and all remaining payments otherwise due such person be canceled
on the records of the System. Upon such cancellation, the System
shall have no further liability therefor except that, in the event such
person or his Beneficiary later notifies the Board of his whereabouts
and requests the payment or payments due to him under the DROP,
the amount so applied shall be paid to him in accordance with the
provisions of the DROP.
E I. Written Elections. Notification.
(1) Any elections, notifications ordesignations made by a Member
pursuant to the provisions of the DROP shall be made in
writing and filed with the Board in a time and manner
determined by the Board under rules uniformly applicable to all
employees similarly situated. The Board reserves the right to
change from time to time the manner for making notifications,
elections or designations by Members under the DROP if it
determines after due deliberation that such action is justified in
that it improves the administration of the DROP. In the event
of a conflict between the provisions for making an election,
notification or designation set forth in the DROP and such new
administrative procedures, those new administrative
procedures shall prevail.
(2) Each Member or Retiree who has a DROP Account shall be
responsible for furnishing the Board with his current address
and any subsequent changes in his address. Any notice
required to be given to a Member or Retiree hereunder shall be
deemed given if directed to him at the last such address given
to the Board and mailed by registered or certified United States
mail. If any check mailed by registered or certified United
States mail to such address is returned, mailing of checks will
be suspended until such time as the Member or Retiree
notifies the Board of his address.
E J. Benefits Not Guaranteed.
All benefits payable to a Member from the DROP shall be paid only
from the assets of the Member's DROP Account and neither the City
nor the Board shall have any duty or liability to furnish the DROP with
any funds, securities or other assets except to the extent required by
any applicable law.
6 K. Construction.
(1) The DROP shall be construed, regulated and administered
under the laws of Florida, except where other applicable law
controls.
11
M
(2) The titles and headings of the subsections in this Section 28
are for convenience only. In the case of ambiguity or
inconsistency, the text rather than the titles or headings shall
control.
H L. Forfeiture of Retirement Benefits.
Nothing in this Section shall be construed to remove DROP
participants from the application of anyforfeiture provisions applicable
to the System. DROP participants shall be subject to forfeiture of all
retirement benefits, including DROP benefits.
t M. Effect of DROP Participation on Employment.
Participation in the DROP is not a guarantee of employment and
DROP participants shall be subject to the same employment
standards and policies that are applicable to employees who are not
DROP participants.
SECTION 9: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by adding Section 30, Supplemental Benefit Component for Extra Benefits;
Chapter 175 Share Accounts, to read as follows:
SECTION 30. SUPPLEMENTAL BENEFIT COMPONENT FOR SPECIAL
75 SHARE ACCOUNTS. -
1. Individual Member Share Accounts.
2. Share Account Funding.
A. Individual Member Share Accounts shall be established as of
September 30, 2015 for all Members and DROP oarticloants who
were actively employed as of October 1. 2014. Individual Member
Share Accounts shall be credited with an allocation as provided for in
the following subsection 3. of any premium tax monies which have
been allocated to the share plan for that Plan Year, beginning with the
Plan Year ending September 30, 2015.
B. In addition, any forfeitures as provided in subsection 4., shall be
allocated to the individual Member Share Accounts in accordance
with the formula set forth in subsection 4.
3. Allocation of Monies to Share Accounts.
A. Allocation of Chapter 175 Contributions.
(11) Effective as of September 30, 2015, the amount of any
premium tax monies allocated to the share plan shall be
allocated to individual Member Share Accounts as provided for
12
M
L1
u
rdl
Re-employed Retirees shall be deemed new employees and
shall receive an allocation based solely on the Credited
Service in the reemployment period.
B. Allocation of Investment Gains and Losses.
C.
On each valuation date each individual Member Share Account shall
be adiusted to reflect the net earnings or losses resulting from
investments during the year. The net earnings or losses allocated to
the individual Member Share Accounts shall be the same percentage
which is earned or lost by the total plan investments including
realized and unrealized gains or losses net of brokerage
commissions transaction costs and management fees.
Net earnings or losses are determined as of the last business day of
the fiscal year, which is the valuation date and are debited or credited
as of such date.
Allocation of Costs Fees and Expenses.
13
D. No Right to Allocation.
The fact of allocation or credit of an allocation to a Member's Share
Account by the Board shall not vest in any Member, any right, title, or
interest in the assets of the trust or in the Chapter 175, Florida
Statutes tax revenues exce t at the time or times to the extent
su iect to the terms and conditions provided in this Section.
E. Members and DROP participant shall be provided annual statements
setting forth their share account balance as of the end of the Plan
Year.
4. Forfeitures.
5. Eligibility For Benefits.
A. Retirement Benefit.
M A Member shall be entitled to one hundred percent (100%) of
the value of his share account upon normal or early Retirement
pursuant to Section 6. or if the Member enters the DROP,
upon termination of employment.
u Such payment shall be made as provided in subsection 6.
B. Termination Benefit.
In the event that a Member's employment as a Firefighter is
terminated byreason otherthan retirement, death ordisability,
he shall be entitled to receive the value of his share account
only if he is vested in accordance with Section 9.
u Such payment shall be made as provided in subsection 6.
C. Disability Benefit.
u In the event that a Member is determined to be eligible for
either an in -line of duty disability benefit pursuant to Section 8.
subsection 1 or a not -in -line of duty disability benefit pursuant
to Section 8 subsection 3., he shall be entitled to one hundred
percent (100%) of the value of his share account.
IQ Such payment shall be made as provided in subsection 6.
D. Death Benefit.
Ln In the event that a Member or DROP participant dies while
actively employed as a Firefighter, one hundred percent
(100%) of the value of his Member Share Account shall be
paid to his designated Beneficiary as provided in Section 7
(2) Such payment shall be made as provided in subsection 6.
6. Payment of Benefits.
14
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12=5
7. Benefits Not Guaranteed.
8. Notional Account.
9. No Employer Discretion.
The share account benefit is determined pursuantto a specificformula which
does not involve employer discretion.
10. Maximum Additions.
11. IRC Limit.
The share account distribution along with other benefits payable from the
System is subject to -limitation under Internal Revenue Code Section 415(b).
SECTION 10: Specific authority is hereby granted to codify and incorporate this
Ordinance in the existing Code of Ordinances of the City of Okeechobee.
SECTION 11: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 12: If any section, subsection, sentence, clause, phrase of this
ordinance, or the particular application thereof shall be held invalid by any court,
administrative agency, or other body with appropriate jurisdiction, the remaining section,
subsection, sentences, clauses, or phrases under application shall not be affected thereby.
SECTION 13: That this Ordinance shall become effective upon adoption.
15
n
Introduced on first reading and set for public hearing this day of
, 2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
Passed on second reading after public hearing this day of
, 2015.
ATTEST:
Lane Gamiotea, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
dm/ok/fire/1 0-20-1 5.ord
James E. Kirk, Mayor
16
ANDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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 aic y%
in the matter ofi'"�
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
or advertisement, and affiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to and s0scribed . ore me this
II` day of �- AD
1
P
Notary Public, State of Florida at Large
V,
ANGIE BRIDGES
ii• '�:
?+.a .: MY COMMISSION #i EE 177659
1;. qr EXPIRES: AP6120, 2016
Bonded Thru Notary Public Underwriters
rjLj W!k.'
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
NOTICE IS HEREBY GIVEN that the City Council of the City of Okeecho-
bee, will conduct a Public Hearing on Tues, Feb 2, 2016, at 6 PM, or as
soon thereafter posssigible, at pm
City Hall, 55 SE 3rdgg Ave, Okeechobee, FL, to
consid1133eANaORDINANCEfor a0FtiTHE CITYIIOFnOKEECHOBEEinto
FURTHER
AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHT-
ERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE 889,
AS SUBSEQUENTLY AMENDED, AMENDING SECTION 1, DEFINI-
TIONS; AMENDING SECTION 6,BENEFIT AMOUNTS AND ELI-
GIBILITY; AMENDING SECTION B, DISABILITY; AMENDING
SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SEC-
TION 15, MAXIMUM PENSION• AMENDING SECTION 16, MINIMUM
DISTRIBUTION OF BENERTS; AMENDING SECTION 27, PRIOR
FIRE SERVICE; AMENDING SECTION 28, DEFERRED RETIREMENT
OPTION PLAN' ADDING SECTION 30, SUPPLEMENTAL BENEFIT
C014PONE FOR EXTRA BENEFITS, CHAPTER 175 SHARE AC-
COUNTS• PROVIDING FOR CODIFICATION• PROVIDING FOR SEV-
ERABILIrTY OF PROVISIONS; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
All members of the public are encoura ed to attend and participate in said
Hearing. The proposed ordinance may be inspected in its entirety by mem-
bers of the public 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 arty 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
fine 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 sper,al accommodation to par-
ticipate In this proceeding, contact the City Clerks 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.
Published sy: Crdyy Clerk Lane Gamiotea, CMC
474338 ON 1/22/2016
`"i "w Exhibit 4
Feb 2, 2016
CITY OF OKEECHOBEE jv�l
RANKING TABULATION FOR 2016 ,�'Yl ��' tT
REQUEST FOR QUALIFICATIONS (RFQ 01-16)
GRANT ADMINISTRATION SERVICES
Name of Firm Being Ranked: LAT & Associates, LLC
Name of Evaluators: James E. Kirk
Marcos Montes De Oca
India Riedel
Robin Brock
Ranking Criteria
Maximum Points
Average Points Awarded
Company Profile — Proposals shall
15
10.8
emphasize Management, Organization,
Availability of Staff and Level of Local
Government Services
Commencement — Proposal should
25
22.5
emphasize ability to commence services
and familiarity with regulations
Experience — Proposals should
30
26.8
emphasize direct program experience and
success with a variety of programs
including all aspects of projects
Success — Proposals should emphasize
30
25.0
recent past history of awarded grants,
specifically grants awarded through
FIND, FRDAP, and FDOT
TOTAL
100
85.1
CITY OF OKEECHOBEE
RANKING SHEET FOR 2016
REQUEST FOR QUALIFICATIONS (RFQ 01-16)
GRANT ADMINISTRATION SERVICES
Name of Firm Being Ranked: LAT & Associates, LLC
Name of Evaluator: James E. Kirk
February 1, 2016
Ranking Criteria
Maximum Points
Points Awarded
Company Profile — Proposals shall
15
emphasize Management, Organization,
Availability of Staff and Level of Local
Government Services
Commencement — Proposal should
25
emphasize ability to commence services
and familiarity with regulations
Experience — Proposals should
30
emphasize direct program experience
with a variety of programs including all
aspects of all projects
30
Success — Proposal should emphasize
30
recent past history of awarded grants,
specifically: grants awarded through
FIND FRDAP and FDOT
a S
TOTAL
100
q p
09
ZM
CITY OF OKEECHOBEE
RANKING SHEET FOR 2016
REQUEST FOR QUALIFICATIONS (RFQ 01-16)
GRANT ADMINISTRATION SERVICES
Name of Firm Being Ranked: LAT & Associates, LLC
Name of Evaluator: Marcos Montes De Oca February 1, 2016
Ranking Criteria
Maximum Points
Points Awarded
Company Profile — Proposals shall
15
emphasize Management, Organization,
f ?j-
Availability of Staff and Level of Local
Government Services
Commencement — Proposal should
25
3
emphasize ability to commence services
and familiarity with regulations
Experience — Proposals should
30
Z
emphasize direct program experience
with a variety of programs including all
aspects of all projects
Success — Proposal should emphasize
30
Z S
recent past history of awarded grants,
specifically: grants awarded through
FIND FRDAP and FDOT
TOTAL
100
CJ
CITY OF OKEECHOBEE
RANKING SHEET FOR 2016
REQUEST FOR QUALIFICATIONS (RFQ 01-16)
GRANT ADMINISTRATION SERVICES
Name of Firm Being Ranked: LAT & Associates, LLC
Name of Evaluator: India Riedel
February 1, 2016
Ranking Criteria
Maximum Points
Points Awarded
Company Profile — Proposals shall
15
emphasize Management, Organization,
Availability of Staff and Level of Local
Government Services
�'D
Commencement — Proposal should
25
emphasize ability to commence services
and familiarity with regulations
Experience — Proposals should
30
emphasize direct program experience
with a variety of programs including all
aspects of all projects
Success — Proposal should emphasize
30
recent past history of awarded grants,
specifically: grants awarded through
FIND FRDAP and FDOT
S
TOTAL
100
70
CITY OF OKEECHOBEE
RANKING SHEET FOR 2016
REQUEST FOR QUALIFICATIONS (RFQ 01-16)
GRANT ADMINISTRATION SERVICES
Name of Firm Being Ranked: LAT & Associates, LLC
Name of Evaluator: Robin Brock February 1, 2016
Ranking Criteria
Maximum Points
Points Awarded
Company Profile — Proposals shall
15
emphasize Management, Organization,
Availability of Staff and Level of Local
Government Services
Commencement — Proposal should
25
emphasize ability to commence services
and familiarity with regulations
Experience — Proposals should
30
emphasize direct program experience
with a variety of programs including all
aspects of all projects
Success — Proposal should emphasize
30
recent past history of awarded grants,
specifically: grants awarded through
FIND FRDAP and FDOT
TOTAL
100
2--
*1111111101
INDEPENDENT
NEWN $MEDIA INC. USA
logo,
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
02 '�- /lo m�ri free Cc(A
STATE OF FLORIDA
COUNTY OF OKEECHOBEE� _
Request for Quacations 01-16
Grant Administration Services
Before the undersigned authority personally appeared Katrina the Gtv of Okeechobee formally request proposals from qualified prores-
Elsken, who on oath says she is the 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_ , �� s-t✓�cr°�
b 4
� J
in the matter of
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
Affiant further says that the said Okeechobee News is a
newspaper.published,at Okeechobee, in said Okeechobee County,
Florida, and that Said Inewspaper 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 afliant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to and subscribed 1, fore me this
I� 7 AD
day of � � �.�. �� i
f,
y
Notary Public, State of Florida at Large
::WA•v'' E BRIDGES
ANGI;
?,.e:r MY COMMISSION # EE i77653
EXPIRES: April20,2016
of �y Bonded ThN Notary Public Undefwriters
d to Imp
roadway
Of
Indude, but not be fi
!paring and reviewing
padwges, overseeing
all grant oraaress In
Force, finandal management wnduding environmental review and
other. grant-requlred administration tasks requested by the Cdy an
funding agency. Procurement and contracting of all services shall conl
to spedfic an, agency guidelines and state and federalregulatlons Inc
ing 24 CFR Part 85. The setedion process shall be open to the public
records maintained In accordance with procurement requirements.
The individual or firm must demonstrate competence in all areas oulll
Wthe current and p' lb
subsequent physical year(s). Proposals
ranked and evaluated using the following criteria:
nv Profile! Scoring will emphasize management, organization,
Ry of staff, and level of local government services, iS point
um
;OgmtOC Scoring will emphasize ability to commence services and
ly with FIND, FRDAPIII mapnhd FDOT regulaptions. 25 point maximum
p�ro�grams ncluding all aspects oasize f FIND,gFRDAP and FOOT projects.
ryrtmaxlmum Bg
s arin
9re d acompae d dales. O poppi nppooh axlmumnd �I.Mi g
to a
two (2�gas. Mua8F1 X/ BE ceitlflatlon(sj,'shall be stateme t limited
ne Public
times, other appendix documentation sectional diylde.. and front
k covers will not be wonted toward f e total. A letter of Interest ou
e summary, not to exceed one (1) additional page, may also be In•
n the proposal. Proposals that exceed this length will be considered
ponsive and will not be evaluated. The previous criteria are shown In
ilmd format. For a or000sal to be elklible, the format must be strict -
Is
almng a nos ness hax ceceiP4 prwmm .��t�y,
Wally, the selected on 8 orglnd dual woQufdabe subject to st
luirements to maintain all records that maybe subject to the
:ord laws (I' Including production of such records as requested l n
person, fn the time and manner as required bbyy law. In comps an
! Florida Sunshine Amendment and Code of Efhla, the City strit
ces open and fair competition in Its RFQS. In accordance with
7.133 FS a person or, affiliate who has been placed on the co
odor fist following conviction for a public entity crime may not sr
uoosal on a contract to provide services to a public entity, A publi
hr 863-763-3372, ext ziz or eman mrrhurX=CWL
the Gty reserves the right to request darificatlon of arty information sub-
nitted by proposers. The Gty, with suitable basis provided for by law, re-
ed thght bo reject any and all Individuals and or 8mm5, and to waive
my informalities or Irregularities In the proposalprocess. Program con-
zact„ etther.5ingle or separate as euqulred by each program, are subject to
yant awaids and release of funds by respective funding agendas.
:onsultants shall submit one original and live copies of their proposal to the
Oty of Okeechobee In sealed packages and marked deaq on the outside:
RFQ 01-16, GRANT ADMINISTRATION SERVICES , no later than
2:00 pp in. on Friday ]anuarryy 22, 2016. Quallfica8on submittals should
be del red to: Gty oI Okeechobee, city Administration, 55 SE 3rd Avenue,
Rm #201, Okeechobee, Florida 34974.
Late proposals will be returned unopened. Proposals will be opened as soon
as possible after the submission deadline, Evaluadon and selection will oc-
cur In accordance with the appropriate requirements at a time and place to
be determined and advertised. At the discretion of the City, pro Mrs
may
be asked to give a short presentatlon/interview as. part of the selection pro-
cress. The.Gty of Okeechobee supports Equal Opportunity Emptrent, Fair
Housing, Drug Free Workplace and Providing Handicapped Access llity.
byy: James E. prrkk, Mayor, City of Okeechobee
474148 1/8,17/2016 '
Treasure c� Newspapers I TCPALM
Indian River Press Journal
1801 U.S. 1, Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales
Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the
attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further
says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and
that said newspaper has heretofore been continuously published In said Indian River County, Florida, daily and distributed in
Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal
has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period
of one year next preceding the first publication of the attached copy of advertisement.
Customer Ad Number Coovline PO #
480298 - CITY OF OKEECHOBEE 881735 RFQ: 01-16: Grant Administration RFQ: 01-16
Pub Dates
January 10, 2016
January 10, 2016
January 10, 2016
Sworn to d sy sc 'bed before me this d of, January 08, 2016, by
who is
Sherri Cipriani
(X) personally known to me or
( ) who has produced
as identification.
"� LJ
Sandra Coldren Notary Public
_ o *`
:.:
.
ANDR4 COLDRE
MYCSAND,OMM'I N
FD04035
.
EXPIRES:Bwed gpril
Thru Notary fr�rs
public l I2017
d
C) — 4
c r,f) I I— * )
Ex �
F4» S' January 10, 2016. TREASURE COAST NEWSPAPERS
County erk of Court will
sell the VVrooer y slWated
In SL LUUe County. Florida.
described u:
LOT 1 BLOCK 1479, PORT ST.
LUCIk,SECTION15.THERE.-
IN. TO THE PLAT THEREOF
RECORDED IN PLAT BOOR
13, PAGE 1, 6A THROUGH
6E, PUBLIC RECORDS OF ST.
LUCIE COUNTY. FLORID,
At
public sale, to the highest
And best bidder for cash, at
httpsJ/siturJe.c!erkau W o".
"'to "'
inatoA0 AM, on We 17W
tlay of February. 201& Any
erson clalUS an Inmrest
In the surplus from the sale,
If any an then We DroYer•
It(yzownttas of the date of We
ItRin bo dam alter t�eiale
DaWd:12/ze%:ols
FLORIDA FORECLOSURE
ATTyTORNEYS, PLLC
(F6N'_EzG on, "the
48s5 Technology Way.
Suite Sso
Bwa Raton. FL 33431
(561 391-8600
R are
A Daplto coin
11 are n person with n
dtsabllity who needs any
a.a.- "alo tMa Draeed
Pnq. YYou arc entitled, at no
cast to to the oroHsion
of certain assistance. Pease
contact Corrle Johnwn, ADA
Coordinator, 250 NW Country
..no
Drive, SUR. 217, Port
St. Lucia. R 34986 (772)
807-4370 at least 3 days
before your scheduled court
ppearonce, or ImmedlaW
Wcafloa It the "�m. befo e
the whedued apoea""A is
less ino7 d Ys. a you are
hearingy r voice Impaired,
call 711.
Pub:January10.17,2016
TCN 871230
IN THE CIRCUIT COURT OF
THE NINETEENTH JUDICIAL
CIRCUIT IN AND FOR SAINT
LUCIE COUNTY, FLORIDA
CIVIL DIVISION
Case #: 2014-CA-002591
JPMWgan Chase Bank,
Natlonal ASSOCiatlw
Plaintiff.
Jack G. P. Stone; Richard Lee
Swint: Unknown SVouse of
lack G.P. Stone• Unknown
S ouse of Rkhard Lee Swint:
City of Port SI Wcie Flori-
da: Unknown Parties k Pon.
session #l, II lad n7d all
Nou"gwh,"unders. d eiyyalnst
the above named De/en•
dant(s) who are not brown
to be dead or auve, whether
said Unknown Parties may
clalm an Interest as Spouse.
Heirs, Devisees, Gimantsrantees, or
Parties in frozsacdrm E3,vlf
living, antl all Unknown Par
•
Iles
clalso n0 bY. through,
under And acalnst We above
named Defendnnt(s) ho
a vet w .... said Unddmown
Parties may Claim an la,arest
AS
Spouse, Heirs Devisees,
Grantees, Or Other Cl.es,
Defendant(s).
SEEM
AdPla mIn.2Sl6(b)(1)(A), l-
llfYs counsel hhereEby tles•
agnates Its rimary emailn
address for tRe purposes of
emad
service as: SFGBOca-
Servlce@logs.com•
SHAPIRO, FISHMAN &
CACHES, LLP
Attorneys IOr PlaInt"
....
4M North Federal Highway,
Ste 360
BOCa Hatton, Florida 33431
Telephone: (561)998-6700
Faz: (S6l)998-fi70T
For Emil Service Only:
SFGBocaService®logs.com
For all ether inyuffries:
luYgarte rogs.ywm
FL 6arc# di53ia��q
If You are a person with
dtsablilty woo needs any
accommodatlon In order to
tarticlpate N Nis Orecend•
n0. You are entlUeO, at no
cost o roux to We orovision
of cvtaln usistance. Please
contact Carrie Johnson, ADA
Coodl"aton250 NW Country
Club Drive, Suite 217. Port
St. Lucie. FL 34986, (772)
w7-4370 At least 7 days
before your scheduled court
apDearonce. or Immedlate-
XI uWn receivin0 e" notl-
c.�an If the tlme Oefore
the scheduled appearance is
less than 7 days, if you are
heariny or voice impaired,
Cal1711.
Pub: January to. 17. 2016
TCN 850726
IN THE CIRCUIT COURT OF
THE NINETEENTH JUDICIAL
CIRCUIT. IN AND FOR ST.
LUCIE COUNTY, FLORID,.
CASE N0.2014-CA-002657
WELLS FARGO BANK, N.A.,
AS TRUSTEE, ON BEHALF OF
THE HOLDERS OF THE HAR-
BORVIEW MORTGAGE LOAN
TRUST MORTGAGE LOAN
PASS -THROUGH CERTIFI-
CATES, SERIES 2006-12,
PLAINTIFF,
SILV10 PEREIRA A/K/A SILVIO
DOS SANTOS PEREIRA. ET AL.
DEFENDANT(S).
NOTICEOF
FORECLOSURE SALE
NOTICE IS HEREBY GIVEN
pursuant to the Final Judg-
ment of Foreclosure dated
October 7, 2015 In the above
actlon. We SL Lucie County
Cie. of court wi.. sell tome
highest bidder for cash at SL
Wcie, Florida. w February 9
2016, at OB:DO AM, at hops:/%
stiucie.U"I"ICtlon.com
for th following described
Lot 9 Blaky788, Port St. Lucfee
Section
Ne Vlat(hht.Nr' az recdor"d
ed In Plat Book t3, at Page IT
WGe Coublicc FRloridd. of SL
Any person claiming An Inter.
est in th surplus from We
sale, If arty, other Wan the
proOertYY owner s of We
data of We Ilz wife I"
must
file a claim within sixty (60)
C00%art Its eliereit n, may
enter..
chan9tho time
of sale shall be Published as
provided herein. aw Grqup
Ali._.! for
Pfam., � P A
SWW 300 alm.Uz Park Road,
Boca Raton, FL 33111
Telephone #: 161.338-4101
Faz #: 561-33&4077
Email: eservice®gladston-
elawgrou0•com
eyy:)on=Jacobson, Esq.
FBN 37086
If You e a person With A
disability who needs a y
accommodation In order to
6ciDate In Wis proceed•
YYou are enUUed, at no
cost t0 vou, to the provision
ofcertaln assistance. Please
contact Co"' Johnson, ADA
Coordinator at 772.807.4370,
2. NW Count, Club DrWe,
Suite 217, Port SL Lucie,
Ft.before9your scheduled court
a9ppearance, or Immediate-
iltailo" a theg before
lessscheduled
en 7 daayy5p5.if you Are
he In Or VOlte Impaired.
caN51P.
Pub:hmua9ry3,10,2015
TCN 76006
I-,
IN THE CIRCUIT COURT OF THE
West Ra all, Stuart,
Florida 34997
NINETEENTH JUDICIAL
CIRCUIT IN AND FOR MARTIN
."Y person claiming an Infer•
COUNTY, FLORID.
e.I In th wrclux from the
sale, H airy, other than the
CASE No' 12 011407 CA
property owner as of the
BAYVIEW LOAN SERVICING
LLC,a Delaware Ilmiled
date of the Is en dens must
Rle a claim within 60 days
IlablllhcomVa, ee service,
alter the sale.
DATED this 301hday ofNovem-
for E•reOe Bank,
Plain,
bar, 2015.
VS.LINDA et al.,
LAW OFFICES OF DANIEL
Defen antL
Defendants.
S.MANDEL.P.A.
Attome for Plaintiff
1900 N.W. Corporate Blvd.,
Ste.305W
Boca Raton. FL 33431
Telephone: (561)836..74'
Fac Ile: 561 836-1741
dmandel®d _%a _.11aw.com
BY: DANIEL S. MANDEL
FLORIDA BAR NO.328782
REOUE5T5 FOR ACCOMODA-
TIONS BY PERSONS WITH
DISABILITIES: I/ outtvvAre a
needs" an accomUmll 1010a
In order W participate In
WIs or.
ceedin.. A.
are
e"Utled, at no cost" you,
to We povision of certat.
assistance. Please Contact
Court
E CouAdministration,
tdry" Club drive. Suite
217, Port SL Lucie, FL. 34986,
772-807.Be at least 7 days
before your scheduled court
vupeaorancerImmediate.
tlnteinpttHlha before
the scheduedaearancela
less than
d If you are
headnyy tee Impaired,
ca11711.
Pub:January 3, 10,2016
TCN 834981
IN THE CIRCUIT COURT OFTHE
19TH JUDICIAL CIRCUIT IN
AND FOR ST. LUCIE
COUNTY FLORIDA
CASE NO.:
2014CAD0176763XXXX
INTERAMERICAN BANK, RS.8..
Plaintiff.
PETRE..NVESTMENTS
CORPORATION; a Florida wr-
ooIneurn;
GPAND BANK & TRUST OF
FLORID,. A Florida banking
C"r0or Loom
FLORID. CITIZENS BANK, a
Florida bankingy coryryoration;
FLORIDA COMMUNITY BANK,
N.A.: and
REGIONS BANK,
Defendants.
NOTICE OF JUDICIAL
SALE BY THE CLERK
NOTICE IS HEREBY GIVEN that
m 4ursuant to an Oder or Final
udpent entered"n Novem•
her 17, 2015 In the above
styled rinse now pending M
said wort that We Clerk of
We Court WIII sell to We high-
est and best bidder fur cash
at www.stiucle.cierio uctlon.
cam, at 8:00 o'clock am. on
February 2, 2016 the follow•
ing described properties:
By: lay J. Lorenzo, Esaa.
Florida Bar No. 88500E
LORENZO & RODRIGUEZ-RAMS
ATTORNEYS AT LAW
JAY I. LORENZO, P.A.
SEW Coral Way, Suite 201
NH..L Florida 33I.
��Pggrim ar, Emnl51117.0T17
SeconE�Il:
CEmsllcom
IIf v. Are a a soon
111 yw area person with a
dtsabllity who needs any
accommodation In order to
articipate in "I" Oroceetl•
Ing, ou are ..Illed, ano
cost Yto you, to We provisiw
0
Os
Of certain assistance. Please
contact Cowie Johnson, ADA
Coord""'"50 NW Country
Club or"',
Suite 217, Port
SL Lucie, FL 34986, 11121
807-4370 at least 7 days
before your scheduled court
...earance, or immediale-
I u on receivingp this notl-
fccaflon II the tlme before
the scheduled aDPearance Is
I.. than T days it you are
hearingy or voice impaired.
Call IN.
Pub: January 3.10, 2016
TCN 86S907
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL
CRCUIT IN AND FOR ST. LUCIE
COUNTY FLORIDA
CASE NO: 2014 CA 000328 H3
EMIGRANT RESIDENTIAL. LLC,
f/k/a EMC, U.C.PialntilF.
VIRGINIA HOPPE, at al..
Defendants.
In claiming an Inter -
se surplus /tom We
amry, other Wan the
owner as of the
he Usithin smust
aim within w days
will emphasize management, organization, availability of staff, and level of local government servl
will emphasize ability to commence services and familiarity with FIND. FRDAP and FDOT regulatiom
mphaalze direct program experience with a variety of programs Including ail Aspects of FIND. FRDAP
E. Kirk, ry 10. 20Mayo
16r, City of Okeechobee
Cf
grants awarded through FIND, FRDAP
WALLACE CADILLAC
3555 SE F derel Hwy, Stuart
L VELDE FORD
velde fad coin
t /88 US HWY 1
KIA
OF VERO BEACH
WALLACE MAZDA
3725 SE Federal
Hwy-. Stuart
TOYOTA/SCION
OF VERO BEACH
1075 US I So th
077-fiOhOSG3
g
WvERo BEACH_
1D75 US 1 South
000.375.1999,•vir
Oe B i
WALLACE CHEVROLET
,17f2.569.34Be ,*-
772.569-8000
wwwkia I'veroheach.com
WALLACE NISSAN
beach o0otasam
COGGINACURA:
2650 SE Federal
Hwy Stuart
JOHNSONHONDA
KIA
4313SEFederalHwy.,
TREASURE COAST
TOYOTA AND SCION
5400 S. us l
1/2 Way between
T12!.7 232
of Stuart
4200 SE Federal Hwy
OF VERO BEACH
Stuart
800-962.9005
5101 SE Federal Hwy
Vero and SWart
VERO BEACH CHRYSLER
T72.320.1100
1075 US 1 South
772.283.8300
"'-TRY-ACURA :
Treasure Coast's Only
Coal'ad
8555 US
800.375-2966
WWWJoh"I"Immin,11m
772-569.8000
GRIECONISSAN
Sales/Serviw
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Okeechobee News
107 SW 17th Street, Suite D
ANDEPENDENT Okeechobee, Florida 34974
863-763-3134
NEWSMEDIA INC. USA mcn' R-6 Cc
pj-
STATE OF FLORIDA 1 Ex
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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 AAA
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 afliant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to and st cribed fore me this
aq dayof a01 + AD
Notary Public, State of Florida at Large
+n;'••., ANGIEBRIDGES
COMMISSION I EE 177653
EXPIRES: Apn120, 2016 ;
$iolti` 4 Bonded Thru Notary Pu* Underwriters `
CITY Y Or OKEEC;-IOS E, ? C !NO0,I'S
*,Mr,Exhibit 5
Feb 2, 2016
,f1(s4x- ki-6 ccA CO 4
To: Marcos Montes De Oca, City Administrator
From: David Allen, Public Works Director v V
Date: 2/2/2016
Re: Bid Award, PW 01-10-01-16 Landscape Maintenance
Marcos,
Per the attached bid tabulation, Public works is requesting to award the landscape maintenance bid (PW
01-10-01-16) to:
JMC Landscaping Services, Inc.
581 NW 30th Lane
Okeechobee, FL 34972
Contract Amount: $25,200.00
Two bids were received for the contract, JMC Landscaping Services in the amount of $25,200.00 and STS
Maintain Services, Inc. in the amount of $24,780.00. JMC landscaping is located in Okeechobee, STS
Maintain Services is located in Palm City.
Even though STS Maintain Services was the low bid, I am requesting the award to JMC Landscaping
under the City's Local Vendor Preference. JMC Landscape's bid was 1.7% higher than the STS Maintain
bid which is under the stated 5% local vendor preference rule.
The current contract which is being terminated by the City with Integrity Landscape is in the amount of
$24,900.00 annually. The award amount to JMC Landscaping is $300.00 more than the current contract
amount.
Thank you,
David Allen
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INDEPENDENT
NEWSMEDIA INC. USA
rm
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
STATE OF FLORIDA �`� ' 6, EX 5
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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 AAL "V4 (-�'6-y"z �
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
I (;1?'( 1 (1"
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
'r_as 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 further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to and §uPscribed b .fore me this
�1 day of D C AD
/
r
Notary Public, State of Florida t Large
IV V ANGLE BRIDGES
+� W COMMISSION #
�". EXPIRES: Apd 20, 2016
Bonded Thm Ndary Pubric Underwriters
INVITATION TO BID
LANDSCAPE MAINTENANCE NO. PW-01-10-OS-16
Opening Date & Time: February 2, 2016 at 11:00 a.m.
The City of Okeechobee, Florida is currently solicitingg bids for the Landscape
Maintenance of parks, medians, and other various bcatlons within the City
Limits. Firms properly registered in the State of Florida are encouraged to
submit their bid for consideration. Sealed bids must be received within the
General Services Department at Ci Hall, 55 SE 3rd Ave, RM 101, Okeecho-
bee, FL 34974, no later than j1 0n or before Tuesday, February 2
1.Q1¢., All responses received by the deadline will be opened and recorded in
the presence of one or more witnesses within the Council Chambers, Room
200, at the previous address stated. Any bids received after the above not-
ed date and time will not be opened or considered.
Submittals must be within a sealed envetone and contain tv.: l21
1:1 Nentifled oriainak and one (1]ynpy of the hid with the out-
side of the envelope cearty (l abeled wnh the submitting Company Name,
Return Address and BID No. PW-0i40-01-i6 eN eo McrN-
TEN� A!+GE 2-2-16. 11:00 AM • B11 maybe mailed, hand red
and/or express mailed to the address listed above. Facsimile or emailed bids
. will not be aaepted.
Bid documents may be obtained at 0'ty Hall during normal office hours,
Mon -Fri, 8 am-1:30 pm, except holidays. A $25.00 nen-ree.�..rar.r. �d
Tice: ==t -i' :� �ments i reny�, made payable to City of Okee-
chobee. Questions concerning the scope of work should be directed to
Public Works Director David Allen, 863-763-3372x225, dallen(olcilvofokee-
cho bee corn NOTE: Bonding Requirements Apply m this Bid Oppor
tunity.
This solicitation does not commit the City of Okeechobee to award any con-
tracts, to pay any costs incurred in the preparation of a response to this Bid,
or to contract for any services. The City Council reserves the dght to reject
any or all bids, to waive Informalities and to accept or reject all or any part
of any bid, as they may deem to be in the best interest of the a of Okee-
chobee, Florida. Responses to this Bid upon receipt by the CiT 0 of Okee-
bee will become public record subject to provisions of Flodda Statute
Chapter 119 Florida Public Records law. EEO/ADA/GINA/VP/DFWP. _
48yy4a4mesN E1/K2i2k0M1aor
O
A
05
Exhibit 6
Feb 2, 2016
Page 1 of 3
_ CITY OFgyO EEC�yI���OBEE
.o O FFcy. 55 SE 'THIRD AVENUE
0
OKEECHOBEE, FL 34974
7 Tele: 863-763-3372 ext. 218 Faux: 863-763-1686
o PARK USE AND/OR TEMPORARY STREET/
Y 91 # SIDEWALK CLOSING
PERMIT APPLICATION
Date Received:
I ;t ! I t';,
I Date Issued:
Application No:
I 1 G - oa D
Date(s) of Event:
I March 12 & 13, 2016
Information:
Organization: j0keechobeeMainSireat I Tax Exempt No:
Mailing Address:
55 S Parrott Ave Okeechobee, FL. 34972
Contact Person:
Jayce Filniater
E-Mail Address:
info a okeechobeernainstreet.org
Telephone:
Work: 863-357-67.46 !'tome: I I Cell
summary of activities:
51st Annual Speckled Perch Festival edit be tho vreokena of March 121h and 13Ih. This event is a celebration or the fishing industry that put Okeechobee on the map. 'nits owent vrili
Include artisans, vendors of all kinds, rood. DJ, music, and an outdoor family friendly event. Thrwo will be parade accompanying the festival ou Saturday moaning
as a tribute to our community. We will also be hostinq an antique car Show.
Yroceeas usage:
Proceeds for this event will go to the operations and continuing efforts of Okeechobee Main Street to enhance downtown area as the heartbeat or the community.
Please check requested Parlcs:
Flagler Psi -its: ❑ City Hall Park
Address of event:
Parcel 1D:
❑ 41 Memorial Park F/ #2 0 #3 ❑f #d 095 ❑ #6
OR
Mn
M
Street Address
Page 2 of 3
TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION
(If not using Park(s), provide event address)
City State Zip Code
Streets to be closed:
end, 3rd, and 4th Ave 6,E ; is EeA Al,,� _ �,j g IL.
Date(s) to be closed:
March 11th• March 13111
Time S to be closed:
6eglnning at 5pm March 11th and Ending 5pm on March 13th
Purpose of Closing:
To allow set up of vendors and use of streets
^L L&MARAIlGA\W AN%A "Alk4 .
Charitable Function
TemporaryTempot-ary Street and Sidewalk Closing
® Site Plan
1� Original signatures of all residents, property
ownerx and business owners affected by the closing._
1> Copy of liability insurance in the amount of
b> Copy of liability insurance in the amount of
$1,000,000.00 with the City of Okeechobee as
$1,000,000.00 with the City of Okeechobee as
additional insured,
additional insured.
b'--Proof of non-profit status
� if any items are being sold on City streets or
sidewalks, a Temporary Use Permit (TUP) must be
to -Letter of Authorization from Property Owner
attached for each business. TUP can be obtained
from the General Services Department.
�- State Food Service License, if applicable.
P State Food Service License, if applicable.
0,- State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private
property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.)
Note:
a Cleary -rip is required within 24 hours.
P No alcoholic beverages permitted on City property, streets or sidewalks.
0- No donations call be requested if any type of alcoholic beverages are served on private
property/business unless you possess a State Alcoholic Beverage License. Please note there are inside
consumption and outside consumption licenses. You must have the appropriate license(s).
0- The Department of Public Works will be responsible for delivering the appropriate barricades.
1- Dumpsters and port-o-lets are required when closing a street for more than three (3) hours.
Applicant must meet any insurance coverage and code compliance requirements of the City and other
regulations of other governmental regulatory agencies. The applicant will be responsible for costs
associated with the event, including damage of property. By receipt of this permit, the applicant agrees and
shall hold the City harmless for any accident, injury, claim or demand whatever arising out of applicant's
use of location for such event, and shall indemnify and defend the City for such incident, including
attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred
by the City pertaining to the event including, but not limited to, Police, Fire, Public Works or other
departmental expenses. The City reserves the right to require from an applicant a cash or cashier's check
advance deposit in the sum approximated by the City to be incurred in providing City services. Any such
sum not incurred shall be refunded to the applicant.
05
,"Moe
Pace 3 of
I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03-
08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and
that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the
rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or
its officers, for the issuance of this Charitable Function Permit,
CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AS ADDITIONAL.
INSURED.
Applicdnt Sigdature Date
OOOOOFF.ICE USE ONLYOOOO
Q t., re n .....�
U%"Ax 1\c■a..♦
Fire Department:
Date:
Official:
Date:
'
-Building
Public Works:
Date:
Police Department;
r=-
Date:
BTR Department:
�
Date:
City Administrator:
'
Date:
City Clerk:
�(
Date:
NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND
RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO
EVENT FOR PERMITTING.
Temporary Street and Sidewalk Closing submitted for review by City Council on :x - 9 - / ('
Date
Temporary Street and Sidewalk Closing reviewed by City Council and approved
Date
Ila
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