The URL can be used to link to this page

2016-03-15CITY OF OKEECHOBEE MARCH 15, 2016, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 3 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II CALL TO ORDER — Mayor March 15, 2016, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES Invocation to be given by Reverend Richard Barker, Westside Christian 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 City Clerk Bobbie Jenkins Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen IV. PROCLAMATIONS AND PRESENTATIONS m Mayor A. Present a Ten -Year Longevity Service Award to James Pickering, Police Department. V. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Kirk called the March 15, 2016, Regular City Council Meeting to order at 6:02 P.M. The invocation was offered by Reverend Richard Barker of Westside Christian Church; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present On behalf of the City, Mayor Kirk and Police Chief Davis presented to Mr. James Pickering an embossed leather portfolio and a framed certificate which read, `In recognition of your 10-years of service, hard work, and dedication to the City, its citizens, and your fellow employees as a Police Officer and Detective from March 6, 2006 to March 6, 2016. " Mayor Kirk asked whether there were any additions, deferrals, or withdrawals on today's agenda. There were none. 510 520 MARCH 15.2016 - REGULAR MEETING - PAGE 2 OF 3 I AGENDA II COUNCIL ACTION - DISCUSSION — VOTE II VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the February 16, 2016, Regular Meeting. VII. WARRANT REGISTER — City Administrator A. Motion to approve the February 2016 Warrant Register: General Fund ...................................... General Fund (Centennial Account).... Public Facilities Improvement Fund .... Capital Improvement Projects Fund.... Law Enforcement Special Fund .......... VIII. NEW BUSINESS ...............................$ 479,599.42 ............................... $ 556.20 ...............................$ 19,164.31 ...............................$ 318,588.25 ...............................$ 100.00 A. Motion to approve an agreement to piggyback a contract for services by another governmental entity — City Administrator (Exhibit 1). B. Approval for direction of letter to Okeechobee Utility Authority regarding local economic development and projects — City Administrator. 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 February 16, 2016. There was no discussion on this item. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Motion and second by Council Members Watford and Ritter to approve the February 2016 Warrant Register in the amounts: General Fund, four hundred seventy-nine thousand, five hundred ninety-nine dollars and forty-two cents ($479,599.42); General Fund (Centennial Account), five hundred fifty-six dollars and twenty cents ($556.20); Public Facilities Improvement Fund, nineteen thousand, one hundred sixty-four dollars and thirty-one cents ($19,164.31); Capital Improvement Projects Fund, three hundred eighteen thousand, five hundred eighty-eight dollars and twenty-five cents ($318,588.25); Law Enforcement Special Fund, one hundred dollars and zero cents ($100.00). There was no discussion on this item. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Motion and second by Council Members O'Connor and Ritter to approve an Agreement to Piggyback a Contract (with TSI Disaster Recovery, LLC) for services by another governmental entity (Osceola County RFP No. 11-2201-LC). This extends the contract the City entered into on July 21, 2015, through May 30, 2016 for services to be performed under the Florida Department of Environmental Protection Grant No. S0730. Administrator MontesDeOca reassured the Council that final payment would not be rendered until the project sites were completely clean and inspected. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Administrator MontesDeOca requested the Council's authorization to send a general letter to the Okeechobee Utility Authority (OUA) Board asking them to work with new businesses coming into the community. Mr. John Gurney, Economic Development Director for the Chamber of Commerce, addressed the Council adding that his organization will also be recommending that the OUA respond to requests made by potential new businesses in a timely manner. MARCH 15, 2016 - REGULAR MEETING - PAGE 3 OF 3 52) AGENDA VIII. NEW BUSINESS CONTINUED B. Approval for direction of letter to Okeechobee Utility Authority regarding local economic development and projects continued C. Consider a recommendation presented by the Code Enforcement Board to begin foreclosure proceedings on overgrown property located at 206 Southwest 9th Avenue, Alumni Partners II, LLC — Chief Smith (Exhibit 2). D. Update regarding mosquito spraying — City Administrator. 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 i at verbatim record of the proceeding is made, which record includes the testimony and evidence uponLwhlic� appeal ' to be based. City Jerk edia are for the sole purpose of backup for official records of the Clerk. ATT T: James E. Kirk, Mayor Lane G miotea, CMC, City Clerk COUNCIL ACTION - DISCUSSION - VOTE Following discussion, the Mayor and Council directed the Administrator to generate the letter, sending the draft to them for review and suggested changes. Administrator MontesDeOca is to deliver the final letter to the OUA Board Members in person. Council Member Watford moved to authorize staff to proceed with foreclosure procedures based on the recommendation of the Code Enforcement Board for Case No. 14-071 as presented; seconded by Council Member Chandler. The vacant property is located at 206 Southwest 9th Avenue and is an unplatted 0,951 acre parcel (Parcel ID #2-21-37-35-OA00-00008-13000). The owner was cited as a repeat violator of Code Book Section 30-43 public nuisances and 30-44 general cleaning and beautification. Notices were sent on July 31, 2014, September 10, 2014 (signed by J. Perri on September 15, 2014), and November 14, 2014 (signed by J. Perri on November 17, 2014). On December 9, 2015, the Code Enforcement Board imposed a fine of sixty dollars and zero cents ($60.00) per day, which continues to date, and has an accrued total of twenty-six thousand, seven hundred dollars and zero cents ($26,700.00) as of March 14, 2016 (Lien filed in OR Book 756, Pages 180-181). In addition to the accrued fines, the Public Works Department has expended fifty-two dollars and twenty-four cents ($52.24) in lawn maintenance services. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Administrator MontesDeOca updated the Council on the mosquito spraying item from the February 16, 2016, meeting. He stated that the City could not piggyback with the Buckhead Ridge Mosquito Control District (Charlie Norris) due to it being a special taxing district. Staff is recommending a one-time ground spray for the entire City in the amount of two thousand, four hundred forty dollars and zero cents ($2,440.00). This estimate was given by Fleming Pest Control, which is the same company used in 2012. Mayor Kirk stated no motion was needed as this expenditure falls under the amount authorized by the Administrator. There being no further discussion, nor items on the agenda, Mayor Kirk adjourned the meeting at 6:35 P.M. ✓�e�i.Qn---� mc.ln- 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 c_ 4t,4'6� 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 a 6,(" �i(�o 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 s,�lbscribed befor me this Yc day of v 1 AD Notary Public, State of Florida at Large i11r,"7°• ANGIE BRIDGES MY COMMISSION # EE 177653 yR' EXPIRES: Bonded Thru NotryPublic ndermiiers Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134-__- PUBLIC NOTICE MARCH CITY COUNCIL MEETINGS VICE 35 HEREBY GIVEN that the Mar 1, 2016, Regular City Council ding has been cancelled. next RRecqgular Meeting for the CRy Council of the Cdy of Okeechobee will onducted on Tues Mar 35 2016, 6 PM, or as soon thereafter as pos- at City Hall, 55 SE 11 Ave, Rm 2,, Okeechobee, FL The' public is tn- and encouraged to attend. The agenda may be obtained from fokeechobee.am or by calling the Woe of the City Administrator, fbkeec 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 ai dance with the Amedcans wtlh 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 GerKs Office no later than two business days prior to proceeding, 863-763-3372. Pfferok ADVISED that should you intend to show any document, pichrre, video) ems to the Council in support or opposition to any item on the agenda; f the document, picture, video, or item MUST be proided to the for the Gty's records. . By; Mayor James E. IOrk is Of. CITY OF OKEECHOBEE 55 SE 3R° AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 MARCH 15, 2016 Y' REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 2 CALL TO ORDER - Mayor: March 15, 2016, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Richard Barker, Westside Christian; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel Chandler Council Member Mike O'Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. City Administrator Marcos Montes De Oca City Attorney John R. Cook City Clerk Lane Gamiotea Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen IV. PROCLAMATIONS AND PRESENTATIONS - Mayor A. Present a Ten -Year Longevity Service Award to James Pickering, Police Department. March 15, 2016 PAGE 2 OF 2 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 February 16, 2016 Regular Meeting. VII. WARRANT REGISTER A. Motion to approve the February 2016 Warrant Register — City Administrator General Fund $479,599.42 General Fund (Centennial Account) $ 556.20 Public Facilities Improvement Fund $ 19,164.31 Capital Improvement Projects Fund $318,588.25 Law Enforcement Special Fund $ 100.00 Vill. NEW BUSINESS A. Motion to approve an agreement to piggyback a contract for services by another governmental entity — City Administrator (Exhibit 1). B. Approval for direction of letter to Okeechobee Utility Authority regarding local economic development and projects — City Administrator C. Consider a recommendation presented by the Code Enforcement Board to begin foreclosure proceedings on overgrown property located at 206 SW 9th Avenue, Alumni Partners II LLC — Chief Smith (Exhibit 2). D. Update regarding mosquito spraying — City Administrator 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. City of Okeechobee, March 15, 2016 meeting Minutes taken during the meeting by L. Gamiotea CALL TO ORDER: Mayor Kirk called the Regular City Council Meeting to order on March 15, 2016, at 6:02 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. OPENING CEREMONIES: The invocation was given by Reverend Richard Barker Westside Christian; the Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Present Council Member Noel Chandler Present Council Member Mike O'Connor Present Council Member Gary Ritter Present Council Member Dowling R. Watford, Jr. Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present (introduced, first meeting) Police Chief Denny Davis Present Fire Chief Herb Smith Present Public Works Director David Allen Present IV. PRESENTATIONS AND PROCLAMATIONS — Mayor A. Present a Ten -Year Longevity Service Award to James Pickering, Police Department. James was accompanied with Ms. Ruth McKenna. Chief Davis — bio on Pick, former Marine, started with the City in March, 2006. Transferred to from road patrol to the Narcotics Task Force in February 2007 until March 2013. Serves as a road patrol officer and Detective. Honor and integrity, highly valuable, prompt, "bull dog" on cases he's assigned. Mayor Kirk read and presented a framed certificate of Longevity service, which read: "In recognition of your 10- years of service, hard work, and dedication to the City, its citizens, and your fellow employees as a Police Officer and Detective from March 6, 2006 to March 6, 2016." Presented to embossed leather portfolio. V. AGENDA — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. (MDO left chambers to office) VI. MINUTES — City Clerk A. Motion and second by Council Members Chandler and O'Connor to dispense with the reading and approve the summary of Council Action for the February 16, 2016, Regular Meeting. No discussion. KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA WATFORD — YEA O'CONNOR — YEA MOTION CARRIED. Page 1 of 4 VII. WARRANT REGISTER - City Administrator A. Motion and second by Council Members Watford and Ritter to approve the February 2015 Warrant Register: General Fund........................................................................... $ 479,599.42 General Fund Centennial Account ............................................ $ 556.20 Public Facilities Improvement Fund .......................................... $ 19,164.31 Capital Improvement Projects Fund .......................................... $ 318,588.25 Law Enforcement Special Fund ................................................ $ 100.00 No discussion. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. VIII. NEW BUSINESS A. Motion and second by Council Members O'Connor and Ritter to approved an agreement to piggyback a contract for services by another governmental entity— City Administrator (Exhibit 1). (MDO returned to Chambers 6:11, Denny stepped out to MDO office to handle discussion with a citizen) DW same contract as before? Yes. Why disaster recovery? MDO before my time, its actually canal clean up. MO mess left on 2 acres last time they were here, PW needs to maintain that does not happen again this time. MDO will assure council wont pay with anything like that left. KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA O'CONNOR — YEA WATFORD — YEA MOTION CARRIED. B. Approval for direction of letter to Okeechobee Utility Authority regarding local economic development and projects — City Administrator MDO County doing this as well. Recommendation to work with the city and county. General letter to them. Discussion in the past on specific projects. This is only general letter, if prefer Mayor and Council may review the letter before sent. DW asking them for speicfiics? MDO Asking them to work with businesses coming into the community. DW and just general? MDO Yes. DW we'll see it before it goes out? MDO Yes and can make adjustments as recommended. GR just mail or deliver? MDO Whichever you prefer. GR Think its important to deliver it in person to the board. John Gurney (Economic Development Director for the Chamber) Problems have been that they work with potential businesses in a timely manner. The amount of time they have taken in the past has discouraged businesses. We are also working with the FL Public Utility Companies as well on this issue. M&C Thank you John. Direction by mavor and council for MDO to do the letter. send draft to them. thev can offer suaaested chanaed. MDO to deliver final letter to OUA Board Members in person. C. Consider a recommendation presented by the Code Enforcement Board to begin foreclosure proceedings on overgrown property located at 206 SW 9th Avenue, Alumni Partners Il, LLC — Chief Smith (Exhibit 2). Legal Description: unplatted 0.951 acres located at 206 SW 9th Avenue - undeveloped Parcel ID #2-21-37-35-OA00-00008-B000 Case #14-071 Page 2 of 4 7/31/14 courtesy card sent 9/10/14 Notice of Violation mailed 9/15/14 Notice of Violation received signed by J. Perri 11/14/14 Notice to appear mailed 11/17/14 Notice to appear received, signed by J. Perri 12/9/14 Action by CEB: find Case No. 14-071 to be a repeat violator of Chapter 30 Section 30-43 Public nuisance and 30- 44 general cleaning and beautification, based on the testimony of Code Officer Sterling, imposing a fine of $60 per day beginning five days after receipt of property notification. Previous case for same violation #12-139 2/4/15 Lien filed in OR Book 756, Page 180-181 2/9/16 CEB recommended City Council begin foreclosure. Council Member Watford moved to authorize staff to proceed with foreclosure procedures based on the recommendation of the CEB for Case No. 14-071 as presented; seconded by Council Member Chandler (?double check who 2nd ?) DW where is this at? (various explanations offered, across from Jimmy Byrd's apartments where Mr. Whitehall used to live. Clerk provided a copy of the GIS map from property appraisers office print out on parcel info) DW Do we know who Alumni is? HS company out of Sarasota. DW Vacant ? HS yes MO to NC is that the piece of Altobello's land? NC its North of that.... DW have they responded to anything? HS Signed green cards but no verbal contact, wont answer calls nor return calls, nor did not appear before the code board. DW were they notified this was going to be on the agenda? HS Not by me or my staff. JC we're not required to notify them. DW if we do foreclose we're responsible for the taxes then? JC Yes. DW is it economically feasible to foreclose then? JC add court & attorney costs $1500. If we got it would be then auction it off. JK my concern is if we don't follow thru with it then that gives another impression. Even if we lose money on it we want the property cleaned up and let people know we are serious. NC question on procedures, why does it take so long? JC Multiple reasons, especially changing hands causes delays. JK we can stream line the process. Were not sending a good message about code enforcement board ...... MDO spoke with bode board last month .... MO is there anyone living in the house now? NC There's no structure on the property, its vacant. MO Should we postpone until Cook looks into more? JC the time it takes to start the process is lengthy, so it could be the next meeting before we start anyway. MO Noel and I sat on board a long time .... DW start it and that may get their attention.... Bring it into compliance then it all stops anyway. JC companies buy hundreds of properties and sometimes do not even bother with it, I don't expect them to do anything with it. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. D. Update regarding mosquito spraying - City Administrator MDO spoke with county, think we need to go in a more proactive direction than what they are doing. 2440.00 for 1 time spraying from Fleming Pest. DA Seminole Tribe is closest to piggy back on. Page 3 of 4 ? Can do more with cooperative spraying. MDO If this is something we want to start doing, we can address in budget and start doing it ourselves, this will satisfy for this year though. MO can we piggyback on Charlie Norris company? MDO No they are a special taxing district. GR what are spraying DA Entire city, truck spraying only. DW Recommend go ahead and do it now or wait until more summer? MO & GR pretty bad now. DW guess I don't sit outside much .... X Don't need a motion, falls under the amount authorized by administrator. Citizens will appreciate it. IX ADJOURN MEETING — Mayor Kirk at 6:35 P.M. Page 4 of 4 i City of Okeechobee, March 15, 2016 meeting Minutes taken during the meeting by��1� I. CALL TO ORDER: Mayor Kirk called the Regular City Council Meeting to order on March 15, 2016, at 6: P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. II. OPENING CEREMONIES: The invocation was given by Reverend Richard Barker, Westside Christian; the Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Present Council Member Noel Chandler Present Council Member Mike O'Connor Present Council Member Gary Ritter Present Council Member Dowling R. Watford, Jr. Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Police Chief Denny Davis Present Fire Chief Herb Smith Present Public Works Director David Allen Present IV. PRESENTATIONS AND PROCLAMATIONS — Mayor A. Present a Ten -Year Longevity Service Award to James Pickering, Police Department. Mayor Kirk read and presented a framed certificate of Longevity service, which read: "In recognition of your 10- years of service, hard work, and dedication to the City, its citizens, and your fellow employees as a Police Officer and Detective from March 6, 2006 to March 6, 2016." V. AGENDA —Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. NA/ VI. MINUTES — City Clerk �� A. Motion and second by Council Members M 16( and 0 U00)b to dispense with the reading and approve the summary of Council Action for the February 16, 2016, Regular Meeting. W Aws I ors VOTE: KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. VII. WARRANT REGISTER - City Administrator A. Motion and second by Council Members Warrant Register: General Fund.............................................................. General Fund Centennial Account ............................... Public Facilities Improvement Fund ............................. Capital Improvement Projects Fund ............................. Law Enforcement Special Fund ................................... KIRK - YEA RITTER - YEA VOTE: i and I to approve the February 2015 $ 479,599.42 $ 556.20 $ 19,164.31 $ 318,588.25 $ 100.00 CHANDLER - YEA O'CONNOR - YEA WATFORD - YEA MOTION CARRIED. VIII. NEW BUSINESS ,h� A. Motion and second by Council Members III and �` to approved an agreement to piggyback a contract for services by another governmental entity— City Administrator (Exhibit 1). m , u6 ward- W� mv) - IS 11D emw Vkilw-- ask CqtL- po"od Ius4on b"aI ptt� 4o �tr�- �U der Pa� uti,,t r p�y�11�c VOTE: UM f )WIJ � i e KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. B. Approval for direction of letter to Okeechobee Utility Authority regarding local economic development and projects — City Administrator M - I ui bad ft(O"dattu of C (WVLA4 IW Y* f Y' [901-1 aftw pew Wwu�� VsI�UtDj �1euhC IYICMNCs VVI� �xuo Lf'- wIIl�IQ�tl C�ISi�ihU,:(" �D} QLIl1�lUYlS y;�rd bo-- p �ww �Ltkf-' V If C. Consider a recommendation presented by the Code Enforcement Board to begin foreclosure proceedings on overgrown property located at 206 SW 9th Avenue, Alumni Partners 11, LLC — Chief Smith (Exhibit 2). Legal Description: unplatted 0.951 acres located at 206 SW 9th Avenue. Parcel ID #2-21-37-35-OA00-00008-B000 Case #14-071 7/31/14 courtesy card sent 9/10/14 Notice of Violation mailed 9/15/14 Notice of Violation received signed by J. Perri 11/14/14 Notice to appear mailed 11/17/14 Notice to appear received, signed by J. Perri 12/9/14 Action by CEB: find Case No. 14-071 to be a repeat violator of Chapter 30 Section 30-43 Public nuisance and 30-44 general cleaning and beautification, based on the testimony of Code Officer Sterling, imposing a fine of $60 per day beginning five days after receipt of property notification. Previous case for same violation #12- 2/4/15 Lien filed in OR Book 756, Page 180-181 2/9/16 CEB recommended City Council begin foreclosure. AX0 you VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. D. Update regarding mosquito spraying - City Administrator �A Ch), f t, /' ft � +' ! ' - t z )a� L {'� ; J fuy - �0' I � IX ADJOURN MEETING — Mayor Kirk at L - P.M. V'ru - L6 U610 T y(I IS rl bll� "d ct 1+ 4-1 r�c 1 tL" if tlt L-0 Li Uh 'Mug", ilf Cl/-1'u a = ��i ��:: ♦i ��v..I♦��• �.�►rrJi'�.-: `. ♦�i��. �• t• r`�i �••-- ♦`a`` s� lrii ��: �.1i` r.♦ *.. n� iri br• r ♦ ` � ♦ voli�r it al►+r,,`��. ' ` Ii►,i rnv� r; ♦�,.. '. • � � ♦. I'I� �rlr ., a i �•.`S "� �►•n.♦ i � � Via'°� nx ra ♦ x MLL_�rq� i.� :I, fiaa ruir�•♦•ri/i •!•',ti i1.:/�"`•; /'��'•/iiii iiii•1►tir.�h. r a . V tiutiPlt.►•i"'� I /`:vo !•u•, r• ♦: • �'�� Oh nor•. nr, ♦ ;��,, • I �°.,•�♦ , �n a un• r a a ♦ t'i , ♦ ,f. a` f �. rr � !. ♦ 1' IIa n•n �;;,i�' j .: ♦' f �r� xnri o, s i an -a rnr� Q , /i ` �rnupr. ♦ ,1i I,.• - srtr ' t �'',: men xar _ N./. liriii ►r'�. lJi 'iii r.,. iiiu�il -a lim k7 Presented To: t In Recognition of your I 0-Years .�•JAMES W. PICKERING + �M.... to theCity, its citizens,and your • . 1 as a Police Officer and Detective •1 1• 1 Y�1��r+� -. . .. . . n . , the Mayor and City Council for the City of Okeechobee, Flori( Lane G1- a``. mr r '� ►�in� II .`,a'�r,. /::rirrh2:► ♦♦ f .\.' :';. WIN ia�11011-11 0 0 sr,` �, , `, �ar:a ? ✓r .� a +.uan► ♦ I � i�.,r: i„r tau• uu�r►p ♦ �, .�; "`s.'rpaattu. nu•••► `\I �r .� -''�iW 1 1 \ramr r r,J, r a �,�.� t rnrr! ♦ .-.� a �. . � �•nar r wur! ♦ I �,: 1 �r '•�aaw var ♦ I ♦„�'� / ♦�``r�!�i►�e r t��.�. :.' a ro,.�rl I♦ •.. .:: ��'�+•r•►.�r rr��'.I 1♦ t �. ,��r �,�:u �r: �/ra,.a♦♦ r �� '�°"� � �� r � � • i ♦, a s__I�/�� .. • ��:',r,�\,��_�r' ��/�j�a a��'s � ��: f��,,��, r,I��:.ai i'•-A.•.,r // _�/t►r .a..: �''� .<�2�. ri*_>e. ,.. Z/�•`.. _tea is.%`��'. ��/%s �. ii�. .:, �,'s'�`�:�♦�: ♦�_::� V Exhibit 1 Larch 15, 2016 AGREEMENT TO PIGGYBACK A CONTRACT FOR SERVICES BID BY ANOTHER GOVERNMENTAL ENTITY WHEREAS, TSI DISASTER RECOVERY, 1 3 1 1 Indiana Avenue, Cloud, FL 3 4 7 6 9 , a Florida corporation, entered into an agreement dated January 9, 2012, and further entered into an agreement extending the contract through May 30, 2016, a copy of both original contract and extension of which is attached hereto, with OSCEOLA COUNTY, 1 Courthouse Square, Suite 2300, Kissimmee, FL, 34741, a political subdivision of the State of Florida, for services procured pursuant to F.S. §287.057 (the "Contract'), and WHEREAS, the CITY OF OKEECHOBEE, a Florida municipal corporation (the "City") has the legal authority under Chapter Two, Section 2-289 of the City Of Okeechobee Code of Ordinances to piggyback onto a contract procured pursuant to F.S. §287.057 by another governmental entity when seeking to utilize the same or similar services provided for in the said contract; and WHEREAS, the City desires to piggyback onto the above referenced Contract between the TSI DISASTER RECOVERY and OSCEOLA COUNTY for utilization of the same or similar services (the "Work") and TSI DISASTER RECOVERY consents to the aforesaid piggybacking. NOW THEREFORE, having found it to be in the public interest, 1. TSI DISASTER RECOVERY affirms and ratifies the terms and conditions of the above referenced Contract with OSCEOLA COUNTY and agrees to perform the services set forth thereinfor the City dOkeechobee in accordance with the terms of said Contract until the Work is completed. 2. The City agrees to utilize the services of TSI DISASTER RECOVERY in a manner and upon the terms and conditions as set forth in the Contract with OSCEOLA COUNTY until the Work is completed. Approved by the City of Okeechobee City Council this 151h Day of March 2016. CITY OF OKEECHOBEE James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk TSI DISASTER RECOVERY, LLC Henry W. Elmore, Managing Member STATE OF FLORIDA COUNTY OF NOTARY PUBLIC, State of Florida The foregoing was executed before me this day of 2016, by Henry W. Elmore, who personally swore or affirmed that he is authorized to execute this Agreement and thereby bind the Corporation. AMENDMENT #2 TO,•THE .AGREEMJCNYBETWEEN , OSCEOLA COUNTY AND TSI DISASTER RECOVERY, LLC THIS AMENDMENT is made and entered between OSCEOLA COUNTY, a political subdivision of the State of Florida- 1 Courthouse Square, Kissimmee, Florida 34741, hereinafter referred to as the "COUNTY; and TS-1 Disaster Recovery, LLC, 4130 Canoe Creek Road, St Cloud, Florida 34772, hereinafter referred to as the "CONTRACTOR." WITNESSETH. WHEREAS, the COUNTY deskes to maintain .the professional services of the CONTRACTOR to continue: to provide and perform passive parks and land conservation management services, as fiifther-described in the Agreement RFP-11-2201;-LC, approved by the Board of County- Commissioners on January 9, 2012, and as amended 'on November 17, 2014, between the COUNTY and -the CONTRACTOR; and WHEREAS, pursuant to Section 25. Modifications, the covenants; terms and provisions of t1ie. Agreement may be. -modified by way of a written instrument, mutually accepted by the parties; and WHEREAS, the purpose• of this Amendment is to extend the term through May 30, 2016. NOW, THEREFORE',. in consideration of the mutual covenants, terms, and provisions contained herein, the pai-fies.agree as follows: Section 1. Term shal-1 be deleted in its entirety and'replaced With the following: SECTION 1. TERM The term of this; Agreement is amended to extend through May 30, 2016 and may be extendedwhen in the best interest of the County. 2. Section 6 is'hereby amended to read as follows: SECTION G., .COMPENSATION. A. The amount to be paid under this Agreement for services rendered will not exceed: Two Million and 00/100 Dollars- ($2,000,000.00) for the six-month "term of the',extension, for a total not to exceed amount of Eleven.Million MO 00/100 Dollars ($11,000,000.00) for the term of this Agreement, in accordance with the pricing schedule set forth in Exhibit "B" which is attached ..hereto and made a binding part hereof. B.. Cdnipensation .for services completed by the CONTRACTOR, will be paid in accordance with section 218.70, Florida Statutes, .Florida's. Prompt Payment Act. C. Services to: be .performed in accordance with this Agreement are subject to 'the annual appropriation of funds by the, COUNTY. In its sole discretion, the COUNTY reserves the right to forego use of the CONTRACTOR for any project which may fall within the Scope of Services listed herein. In the.,event.1he COUNTY is not satisfied with .the services provided by the CONTRACT.QR, the COUNTY will hold any amounts due until such time as the CONTRACTOR has appropriately addressed the problem. 3. These changes shall be effective upon this Amendment being executed by both. parties. 4. The terms and. conditions of the original Agreement and any subsequent Amendment(s) shall remain in full force and effect. 'To the extent of any conflict between this Amendment and the original Agreement or any prior Amendment(s) thereto, the terms and conditions of this Amendment shall prevail. SIGNATURE PAGE TO FOLLOW 2 Rev 09/13 IN'WITNgSS;, WHEREOF, the parties hereto, by their duly- authorized representatives;. have executed this Amendment effective the day of 2015' BOARD OSC�O� - LINTY COMMISSIONERS Ty CO OF 6 TY, FLORIDA L 0 By: County Managier/D6signee Date: TSI DISASTER RECOVERY, LLG :z By: Title: Date: STATE 0F. .COUNTYQF_QS6��- The; foregoing instrument w -A day of 0C-TVFDE_W— .4�, executed before me this 2 2015, by as V1 bv_�� of TS1 Disaster, Recovery: W�A 0 person kA LLC.' . 13MY swore or affirmed that he is authorized 'fo execute this Amendment and thereby bind the Corpor.i6pri, and who is persbnal.ly known: to me OR has produced as identification. Commission Expires: L Ig, -.?,D i R NOfKRY "LIC, Stateof to -of Florida. Jun 71 4.20 c Sto x0 867 ' =onO FF 12 2 pig?,•AM' Y' A Notary Pub A TM.111 RIWN EM State -of Florida.. Notary Publiv: Comm. om E m MY Comm. E06i Jun 14� 2610 Commission 0 FF 12862 Rev 09/13 Exhibit "B" Fee Schedule TSI Disaster Recovery,.LLC Cost Per Laborer (unskilled) .es - -e • 11 Laborer (skill&f) (dependent on equipment. - • - • D omplete task) OtherServi.ces Upon- • i �: pn 'i• Y IF' 1. 4 �r Z A^��,Y��'#�I -".;•. �i .y:t k�n •c ��,v.,•:'r:•f�'�+F''d,.'.; • �•'•! � wy�N'.2 d f:?{•�:� 't•5:•' u�"�. Gh-• 7" 5;..;t-:r�;''' ,3,��"''F'.'•�^•(�•; `fv •Zt• a u°'•'y; w,'f^i P. /N 'it7.♦ �J •{I' ♦ I 1 \ WWII r�lixj z• r-. >�d:�: ;. c a7 f ";i1 y f=d' M`T�P {rx4 �n C 1•.�::i. a -tk V:+S'ii.w[..�' .,1;�..�)�t t' .9?•f• :.N �JM ..4•;6�i/.:f. G $. :'� �6: u•p.3 .y:: ..�`�,.b��"Sry'. !.. ;• q !�'• .� .�s• ,�i[, �:'. q'�•��'J`L`•• .�'�.i'.G �,. �'.; �.+�. d"rAs� �'°' p+• "-a 5 �e5{ ,1rr' e J4 Ir Y- Y '4 s� i�_ .'•.•ejfia:F•�i �Cost Per, Cubic• D-e o • • "Subcontractors,. chemicals and supplies *Materials, including chemical and subcontractor services outside TSI (if required) will be invoiced -at. cost. 4 Rev 09/13 I ACC?R® �C:ERTIFI.CATE OF LIABILITY INS:U.RAN:CE t� . DATE (MMIDDIYYYY) 10/30/2015 THIS CERTIFICATE ISrISSUED AS A.MATTER'OF'INFORM 'TION ONLY AND CONFERS NO RIGHTS UFON:THE CERTIFICATE.HOLDER. THIS CERTIF.ICAT.E DOES NOT AFFiRMATIVELy'QR NEGATIVELY AMEND, EXTEND OR'ALTER THECOVERAGE AFFORDED.BY T.HE.POLICIES 'BE.L•OW: THIS CERTIF.tCATE OF *INS URA'NCE DOES NOT.CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTAT.IVEOR`P,RODUCER,:AND THE CERTIFICATE HOLDER. IMPORTANT: IPthe certificatb fioid'er is.an.ADDITIONAL INSURED, tbb poliey(ies) must be,'ehddrsea: If SUBROGATIOWIS'WAIVED, subject to 'the•terins and.cooditions:of;the policy,.certain policies may require an endorsement. A statement on this certificate does not confer rights to the -certificate holder in.ieu of such endorsement(s); PRODUCER .Amsley.Insurance;Services.Inc 161713TH ST SAINT CLOUD FL 34769-4306 CONTACT NAME, LanCe•Turck AHONN Ext: (407•).892-9645 FAX N.(407)892-7807 E-MAILe MAIL info amsinslirance.com ADDRESS: @ y INSUaRER(S) AFFORDING COVERAGE NAIC A INSURER A, Colony Insurance C6 37150 INSURED TSI Disaster Recovery, LLC. 4130 Canoe Creek Rd Saint:Cloud FL 34772-7702 .1 INSURER B`: lntegbn National Insurance CO 01140 INSURER'C-: Ambri an Alternative Insurance Co 19720 INSURER D : Granite -State Insurance Co 23809 INSURER E: RLI Insurance Co .13056 INSURER F B American Zurich Insurance Co Rr1VFRA7'FS CFRTIFICATE:NUMBERc REVISION NUMBER: TIIIS 'IS TO CERTIFY -THAT THE'POLICIES'OF'INSURANCE.CISTED BELOW HAVE BEEN ISSUED TO THE:INSURED NAMED ABOVE FOR THE *POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT,'TERN) OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR -MAY 'PERTAIN.' BY THE. POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH;POLICIES. LIMITS'SHOWN MAY HAVE BEEN REDUCED BY FAIO CLAIMS. - -AUULSUk3H1 INSR .LTR.. - TYPE OF INSURANCE WN d WVD POUCY'NUMBER P.O Y'EF.F., MMIDDIYY.YY .PO C P' - MMIDD7XYY LIMITS COMMERCIAL GENERAL LIABILITY EACH.00CURRENCE- 3 1,000,000 CLAIMS -MADE OCCUR PREMISES Ea occurrence $ 100.000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY S 1,000,000 q X X 103GL00294601 03/14/2015 03114/2016 GENT AGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMPIOPAGG S 2,000,000 PRO - POLICY ❑ PRO JECT ❑ LOC S OTHER: AUTOMOBILELIABILITY d a MaccidentBINEO. N L LIMIT E :5 1,000,000 BODILY INJURY (Per person) S ANY AUTO 'BODILY INJURY (Per accident) S B' ALL OWNED FIVI SCHEDULED AUTOS AUTOS NON -OWNED HIREDAVTOS AUTOS - 2001298439 - 05/29/2015 05/29/2016 PeOarE.adenl AMAGE $ -S UMBRELLA LIAB OCCUR EACHOCCURRENCE S 4.000,000 AGGREGATE $ C EXCESSLIAB CLAIMS -MADE X X '60A2FFb000254001 03/14/20,15 03/1'4/2016 DED RETENTIONS' S D- WORKERS COMPENSATION 'AND EMPLOYERS' LIABILITY Y / N ANY P.ROP,RIETOR/PARTNERIEXECUTIVE 'OFFICERIMEMBEREXCLUDED9 ❑ (Mandatory In NHI NIA X WC1672405 07/Ot/2015� 6WO1/20�6, STATUTE ER USL&H Included E:L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE S 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 If yes: describe under DESCRIPTION OF OP,ERATIONStelow Marine General Liability Per O'ec 1,000.000 Gen Agg 2,000.000 E Protection and Indemnity .X X. 10RP0200036 07/01/201'S ;07/01/2016 1,000,000 DESCRIPTION OF,OPERATIONS I LOCATIONS$ VEHICLES:(ACORD 101, Additional Remarks' Schedule, maybe attached if more sp acels required) F Inland'Marih&iEgriipment' EC68045055 09/23/2015 09/23/2016 Scheduled Equip Rented/L'eased Equip $2,046,954 $2,176,150 Westchester Surplus Lines:ins-Co.(Pollution,L(ability)_ G27909954001 10/02/2015 10/02/2016 $1,000 000 Osceola.Cbunty Board of Commissioners. 0.isted as Additioha'l.lnsuA.for the general liability and automobile,liability' The General Liability and workers Compensaiion.coritain the:waiv6e�Of;.SbbVogation. The,workers compensation includes the USL & H Coverage- We Can Not amend the cancellation clause due to this is a Florida State approved form l.trSl IC I,I'+N.I C.r1ULucr-. Osceola Couniy.Board of'Commissioners 1 CouK Ouse Square Ste 4700 Kissimmee, FL•34'741-5440 SHOULD ANY.OF.THE'ABOVE DESCRIBED'POLICIES IBE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 ACORD 28 (2014/0.1) The ACORD name and logo are registered marks of ACORD All rights reserved. 2016 Details - Business Tax Account TSI Disaster Recovery, LLC, Henry Elmore (,-,..:.-- Business Tax Account #115036 EgAccount details JS Account history 2016 2015. 2014 2013 ' 2010 Paid Paid Paid Paid Paid Account number. 115036 Exemptions: Add: Additional Receipt Business start date: 10/23/2009 Physical business location: OSCEOLA COUNTY Business address: TSIDisasterRecovery,LLC Henry Elmore 4130 Canoe Creek Rd. St. Cloud, FL 34772 Receipts And Occupations Mailing address: TSI Disaster Recovery, LLC Henry W. Elmore & Robert M. Tyson 4130 Canoe Creek Rd. St. Cloud, FL 34772 Owner(s) TSI Disaster Recovery, LLC Henry W. Elmore 211 Longview Ave. Unit 9 Celebration, FL 34747 TSI Disaster Recovery, LLC Robert M. Tyson 6000 Apollo Ave. St. Cloud, FL 34773 Flags Receipt 120332 MISC CONTRACTOR 10/01/2015-09130/2016 MISCELLANEOUS CONTRACTOR Receipt 120333 ^� MISC SERVICES 10/0112015-09130/2016 MISCELLANEOUS SERVICE Receipt 120334 SERVICES W/REQ 10101/2015-09/30/2016 PEST CONTROL (DEPT OF AG) -11 Commercial Business Location Return toSearch Form W®9 Request for `taxpayer Give Form to the (Rev. December2014) identification Number and Certification requester. Do not DeparimentoftheTreasury send to the IRS. lntemal Revenue Service 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. TSI Disaster Recovery, LLC C%i 2 Business name/disregarded entity name, it different from above 0 rn m o- � 3 Check appropriate box for federal tax classification; checkonly one of the following seven boxes: 4 Exemptions (codes apply only to o in ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate certain entities, not individuals; see instructions on page 3): 6) c a o U single -member LLC (] Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) D C Exempt payee code (if any) a ? Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting c the tax classification of the single -member owner. code (f any) . _ = El Other (see Instructions) 9�- (APprosrooceountrnulnto4mlovhldoNnUS.) v~ 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) a 4130 Canoe Creek Road to 6 City, state and 7JP code c Saint Cloud, FL, 34772 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I social security number backup withholding. For individuals, this is generally your social security number ( page However, fora = — m _ resident alien, sole proprietor, or disregarded entity, see the Part 1 Instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for I Employer identification number guidelines on whose number to enter. 2 6- 2 1 6 1 5 1 8 1 6 2 4 Certification - - Under penalties of perjury, 1 certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued tome); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest of dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (f any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if yqu have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3. Sign Signature of Here U.S. person �- -74 General Instructions Gd! Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.frs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to rile an information return with the IRS must obtain your correct taxpayer identification number (f1t ) which may be your social security number (SSN), individual taxpayer identification number QTIM, adoption taxpayer identification number (ATIN), or employer identification number (E(N) to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: Datet. J�'I 10 1-w J_s: • Form 1098 (home mortgage interest),1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. Ifyou do not relum Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are wailing for a number to be issued), 2. Certify that you are not subject to backup withholding, or • Form 1099-INT (merest earned or paid) 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If • Farm 1099-DIV (dividends, including those from stacks or mutual funds) applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) withholding tax on foreign partners' share of effectively connected income, and • Form 1099.8 (stock or mutual fund sales and certain other transactions by 4. Certify that FATCA code(s) entered on this form (f any) indicating that you are brokers) exempt from the FATCA reporting, is correct. See What is FATCA reporting? on • Form 1099-S (proceeds from real estate transactions) page 2 for further information. • Form 1099-K (merchant card and third party network transactions) Cat. No.10231X Form W-9 (Rev.12-2014) AGREEMENT THIS AGREEMENT is made by and between :OSCEOLA COUNTY, a political subdivision of the State of. Florida, 1 Courthouse Square, Kissimmee, Plorida 3474-1, hereinafter referred to as .the "COUNTY", and TSI Disaster Recovery, LLC, 4130 Canoe Creek Road, St Cloud, Florida 34772 hereifnaftef referred to as the "CONTRACTOR". WITNESSETH. WHEREAS, the .COUNTY has competitively solicited for passive parks and land conservation management services on an as needed basis, pursuant.to RFP-11-2201-LC; and WHEREAS, the CONTRACTOR has exhibited by its response to the solicitation that it is capable of providing the required services; and WHEREAS, the parties. hereto have agreed to the terms and conditions cited herein based on. said .solicitation. NOW, THEREFORE, in consideration of the'mutual covenants, terms, and .provisions contained herein, the parties. agree as follows: SECTION 1. TERM. The term of this Agreement shall begin on the. date approved by the Board of County Commissioners and continue through November 30, 2014, and may be:extended when in the best interests of the COUNTY.. SECTION 2. SCOPE OF SERVICES. The 'CONTRACTOR will furnish and install all necessary labor, materials, and equipment 'to complete 'the services set forth in Exhibit "A" which is attached hereto and incorpbrated. herein. SECTION 3'.. OBLIGATIONS OF THE CONTRACTOR. Obligations: of the CONTRACTOR shall include, but not be limited to; the. following: A. It- is Ainderstood. that the CONTRACTOR shall provide and pay for all labor, tools, materials., permits, equipment, transportation, supervision, aril any and all other items or services, of any type whatsoever, which are necessary to fully complete and deliver the .services requested by the COUNTY; and shall- not have the authority to create, or cause to be filed,. any liens for labor and/or materials on, or against, the. COUNTY, .or any property owned by the COUNTY. Such lien, attachment, or encumbrance, until it is removed., shall preclude any and all claims or demands for any payment expected by virtue of this Agreement. B. The CONTRACTOR will ensure that all of its employees, agents, sub- contractors; representatives, volunteers, and the like, fully comply with all of the terms and conditions set herein, when providing services for the COUNTY in accordance herewith. C. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, safety programs, and procedures necessary to properly and fully complete the -work set forth in the Scope of Services. D. The CONTRACTOR will maintain an adequate .and competent staff, and remain authorized to do business within the State of Florida. The CONTRACTOR may subcontract the services requested by the COUNTY; however, the CONTRACTOR is fully responsible for the satisfactory completion of all subconfracted work. E. The ,CONTRACTOR shall use appropriate tools and/or equipment which are in good repair and proper working order, so as to enable the CONTRACTOR to complete the services required hereby. SECTION 4. WARRANTY. The CONTRACTOR agrees to provide a full warranty to the COUNTY for all services which it provides hereunder for one full year following the date of final completion of said services. In the event that the CONTRACTOR is called to perform warranty work, the CONTRACTOR will be -responsible for all costs incurred in repairing the areas under. warranty. If it is determined that new problem areas have appeared, which were not areas repaired by the CONTRACTOR under the Scope. of 'Services set forth herein, -the COUNTY will be responsible for the costs 'incurred :in repairing the new areas. Any manufacturer's guarantee related to the materials: installed by the CONTRACTOR shall extend for the full warranty period. SECTION 5.-STANDARD OF CARE. A. The CONTRACTOR has represented to the COUNTY that it possesses a level of knowledge, experience, and expertise that is commensurate with firms in the areas of practice required for the services to be provided. By executing this Agreement, the CONTRACTOR agrees that the CONTRACTOR will exercise that degree of 2 Rev 06109 care, knowledge, skill, and ability as any other similarly situated contractor possessing the degree of skill, knowledge, experience, and expertise within the local area, working on similar activities. The. CONTRACTOR shall perform the services requested in an efficient manner, consistent with the COUNTY's stated scope -of services and industry standards. B. The CONTRACTOR covenants and .agrees that it. and its employees, agents, sub- contractors,. representatives, volunteers, and the4 like, shall be bound by the same 'standards of conduct as stated above. SECTION 6. COMPENSATION. A. The amount'to be paid under this Agreement for services rendered will not exceed Five Million and 00/1'00 Dollars ($5,000,000.00) for the term of this Agreement, in accordance with the fee schedule set forth in Eihibit " B" which is attached hereto and'. made -a binding part hereof.. B. Compensation. for services completed by the CONTRACTOR will be paid in accordance with section 218.70, Florida Statutes, F,lorida's Prompt Payment Act. C. Services to be performed in accordance with. this Agreement are subject to the annual appropriation of funds by the COUNTY. In its sole discretion, the COUNTY reserves the right to forego use of the CONTRACTOR for any project which may fa11, within the Scope of Services listed herein. In the event the COUNTY'is not satisfied with the services provided'by the CONTRACTOR, the COUNTY will hold any amounts due until such time. as the CONTRACTOR has appropriately addressed the problem. SECTION' 7. TERMINATION. Either party -may terminate this Agreement, with or without cause, given. thirty (30) days written notice to the other -party. SECTION'& . PAYMENT' WHEN SERVICES ARE TERIVIINA.TER. A, In the-everit of -termination of this Agreement by the COUNTY, and not due to the fault of the CONTRACTOR, the COUNTY shall compensate the CONTRACTOR for all services performed prior to the effective date of termination. 3 Rev 06/09 B. In the event of termination of this Agreement due to the fault of the CONTRACTOR, or at the written request of the CONTRACTOR, the COUNTY shall compensate the CONTRACTOR for all services completed, prior to the effective date of termination, which.have resulted in a usable -product or otherwise tangi.ble'benefit to the COUNTY. All such payments shall be subject to an off -set for any -damages incurred by the COUNTY resulting from any delay occasioned by early 'termination. This provision shall in no way be construed as the sole remedy available -to the COUNTY in the event of breach by the CONTRACTOR. SECTION 9. INSURANCE. A. The CONTRACTOR shall maintain the following types of insurance, with the respective limits,. and shall provide proof of same to the COUNTY, in the form of a Certificate of Insurance prior to the start of any work hereunder: 1. AUTOMOBILE: a.. Combined Single Limit: $300,000.00 per accident, mf' b. Bodily Injury: $300,000.00 per person, AND Property Damage: $200,000.00 per accident; 2. GENERAL LIABILITY-. $1,000,000.00 each occurrence; 3. GENERAL AGGREGATE: $2,000,000.00; 4. EXCESS COVERAGE: $1,000,000.00; and, 5. WORKERS' COMPENSATION: Employers' liability 'insurance which covers the statutory obligation for all persons engaged in the performance of the work required hereunder with limits not less than $1,000,000.00 per occurrence. Et!idence of qualified self-insurance status will suffice for this subsection. The CONTRACTOR understands and acknowledges that it shall be solely responsible for any and all medical and liability' costs associated with an injury to 'itself and/or to its employees, sub -contractors, volunteers, and the like, 'including the costs to defend the COUNTY in the event of litigation against same. B. The CONTRACTOR shall name the "Osceola. County Board of County Commissioners" as a certificate holder and/or as additional insured, to the extent of the services to be provided hereunder, on all required insurance policies, and provide the COUNTY with proof of same. 4 Rev 06/09 C. The CONTRACTOR shall provide the COUNTY's Procurement Services with a Certificate of Insu"rarice evidencing such coverage for the duration of this Agreement. Said Certificate of Insurance shall 'be dated and show: l . The name of the insured CONTRACTOR, 2. The specified job by name and job number, 3. The name of the insurer, 4. The number of the policy, 5. The. effective date, 6. The termination date, 7. A statement that the insurer will mail notice to the COUNTY at least thirty (30) days prior to any material changes in the provisions or cancellation of the policy. D. Receipt of certificates or other documentation of insurance or policies or copies of policies by the COUNTY, or by any of its representatives, which indicates less coverage than. is. required, does not constitute a waiver of the CONTRACTOR's obligation to fulfill -the insurance requirements specified herein. E. The CONTRACTOR shall ensure that any sub-contractor.(s), hired to perform any of the duties contained in the Scope of Services of this .Agreement, maintain the same insurance requirements set forth herein. In addition, the CONTRACTOR shall maintain proof of same on file and made readily available upon request by the COUNTY. SECTION 10. COUNTY OBLIGATIONS. At the CONTRACTOR's request, the COUNTY agrees to provide, at no cost, all pertinent information known- to be available to the COUNTY to assist the CONTRACTOR in providing and performing the required services. SECTI.ON 11. ENTIRE AGREEMENT, This- Agreement, 'including referenced exhibits and attachments hereto, constitutes the entire agreement between the parties and shall supersede, replace and nullify any and all. prior agreements or understandings, written or oral, relating to the matters set forth herein, and any such prior agreements or understandings shall have no force or effect whatsoever on this Agreement. SECTION 12: APP.LICABLE LAW, VENUE, JURY TRIAL. . The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in Osceola County, Florida. The parties hereby waive their right to trial by jury in any action, 5 Rev 06/09 proceeding or claim, arising out of this Agreement, which may be brought by either of the parties hereto. SECTION 13. PUBLIC RECORDS. The CONTRACTOR understands that by virtue of this Agreement all of its documents, records and materials of any kind, xelating to the relationship created hereby, shall be open to the public for inspection in accordance. with Florida law. SECTION 14. INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the parties' intention that the CONTRACTOR, its employees, sub -contractors, representatives, volunteers, and the like, will be an independent contractor and. not an employee of the COUNTY for all purposes, including, but not limited -to, the application of the following, as amended: the Fair Labor -Standards Act minimum wage and overtime payments, the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State of Florida revenue and taxation laws, the State of Florida wor'.kers' compensation laws, the State of Florida. unemployment insurance laws, and the Florida Retirement System benefits. The CONTRACTOR will retain sole and absolute discretion in the judgment of the manner and means of carrying out the CONTRACTOR's activities and responsibilities hereunder. SECTION 15. APPLICABLE LICENSING. The CONTRACTOR, at .its sole expense, shall obtain_ all required federal, state, and local licenses., occupational and otherwise, required to successfully provide the services set forth herein. SECTION 16. COMPLIANCE WITH ALL LAWS. The. CONTRACTOR, at. its sole expense, shall comply with all laws, ordinances; judicial decisions, orders, and regulations of federal, state, county,. and municipal :governments, as well as their'respective departments, commissions, boards, and officers; which are in effect at*the time of execution of this Agreement or are adopted at any time following the execution of this Agreement. SECTION 17. INDEMNIFICATION. The CONTRACTOR agrees -to be liable for any and all damages, losses, and expenses incurred, by the COUNTY, caused by the acts and/or omissions of the CONTRACTOR, or any of its employees, agents, sub -contractors, representatives; volunteers, or the like. The Rev 06/09 CONTRACTOR agrees. to indemnify, defend and hold the COUNTY harmless for any and all claims; suits, judgments or damages, losses and expenses, 'including but not limited to, court costs, expert witnesses, consultation services and attorney's fees, arising froin any and all acts and/or omissions of the CONTRACTOR, or any of its employees, agents, sub -contractors, representatives, volunteers, or the like. Said indemnification, defense, and hold harmless actions shall not be. limited b'y any insurance amounts required hereunder:. SECTION 18. SOVEREIGN IMMUNITY The COUNTY expressly retains all rights, benefits and immunities *of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any section, article or paragraph of this Agreement to the contrary, nothing in this .Agreement shall be. deemed as a• waiver of sovereign immunity or limits of liability which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature, and the cap on the amount and lialiility of COUNTY for damages, atforriey fees and' costs, regardless of the number or nature of claims..in tort,. equity or contract, shall not exceed the dollar -amount :set, by the Florida Legislature for tort. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against, the COUNTY which would otherwise be barred under the Doctrine of,Sovereign Immunity or operation of law. SECTION 19. BANKRUPTCY OR INSOLVENCY. If the CONTRACTOR files a Petition in Bankruptcy, or if the same shall be adjudged bankrupt or insolvent by -any Court, or if a receiver of the property of the CONTRACTOR shall be appointed. in any proceeding brought by or against the CONTRACTOR, or if the CONTRACTOR shall make an assignment for the benefit of creditors, or *proceedings shall be commenced on or against the CONTRACTOR's operations of the. premises, the. COUNTY may terminate this Agreement' immediately, notwithstanding the notice requirements of Section 7 Hereof. SECTION 20. BINDING EFFECT. This Agreement shall be binding -upon and enure to the benefit of parties hereto, their heirs., personal representatives, successors, and/or assigns. SECTION 21. ASSIGNMENT. This Agreement shall only be assignable by the CONTRACTOR upon the express written consent.of the COUNTY. 7 Rev 06/09 SECTION 22. SEVERABILITY. All- clauses found herein shall act independently of each other. If a clause is- found to be illegaf or unenforceable, it shall have no effect on any other provision of this Agreement. It is understood by the parties hereto that if any part, term, or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida or the United .States, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall .be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. SECTION 23. WAIVER. Failure -of the. parties to insist upon strict performance of any of the covenants, terms, provisions, or conditions of'this Agreement or to exercise any right or option herein contained, shall not be construed as a waiver or a relinquishment for the future of any such covenant, term, provision, or condition, or -right of election, but same shall remain in hill force and effect. SECTION 24. NOTICE. The parties hereto agree and understand that written notice, mailed or delivered to the last known mailing address, shall constitute sufficient notice to the COUNTY and the CONTRACTOR. All notices rcgpired and/or made pursuant to this Agreement to be given to the COUNTY and the CONTRACTOR shall be in writing and given by way of the United States Postal. Service, first class mail; postage prepaid, addressed to the following addresses of record: COUNTY: Osceola County Attention: Procurement Services 1 Courthouse Square, Suite 23,00 Kissimmee, Florida 34741 CONTRACTOR: TSI Disaster Recovery, LLC 4130 Canoe Creek Road St Cloud, Florida 34772 SECTION.25. MODIFICATION. The covenants; terms, and provisions of this Agreement may be modified by way of a written instrument, mutually laccepted by the parties hereto. In the event of a conflict between the covenants, terms; and/or .provisions of this Agreement and any written Amendment(s) hereto, the provisions of the latest executed instrument shall take precedence. Rev 06/09 -8ECTION.26. HEADINGS: All headings of the sections, exhibits, and attachments contained in this Agreement are for the purpose of .converiience: only and shall not be deemed to expand, limit, or change the provisions contained in such sections, exhibits, and attachments. SECTION 27.. ADMINISTRATIVE PROVISIONS.. In the event the. COUNTY issues a purchase order., memorandum, letter, or any other instrument addressing the services, work, and materials to be provided and performed pursuant to.'this Agreement, it is hereby .specif cally agreed and understood that -any such purchase order, memorandum, letter, or other instrument is for the COUNTY's internal purposes only, and any and all terms, prbvisions;.:and conditions contained therein, whether printed or written, shall in no way modify the covenants,, terms, and provisions of this Agreement and shall have no force or effect thereon. SECTION 28. CONFLICT OF INTEREST. . The CONTRACTOR warrants that the CONTRACTOR has not employed or retained any company or person, - other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that. the CONTRACTOR has not paid or- agreed to pay any person, company, corporation, individual; -or firm any fee, commission, percentage, gift, or any other -consideration, contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this Paragraph, the- COUNTY shall have the. right to terminate this Agreement immediately, without liability and without regard to the notice:requirements of Section 7 hereof. SECTION 29. PUBLIC ENTITY CRIMES. As required by section 2.87.133, Florida Statutes, the -CONTRACTOR warrants that it is not on the convicted contractor list for a, public entity crime committed within. the past: thirty six (36) months. The CONTRACTOR further warrants that it will neither utilize -the services of, nor contract with, :any supplier,. sub -contractor, or consultant in connection with flAs Agreement for a period of thirty six (36) months from the date of being placed on the convicted contractor list. SECTION 30: EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERI•FY) In accordance with' State of Florida, Office of the Governor, Executive Order 11-116 (superseding Executive Order 11-02; Verification of 'Employment Status), in the event performance of' this Agreement is or will be funded using state or federal funds, the CONTRACTOR must comply -with the Employment Eligibility Verification Program ("E-Verify Program") developed by the federal -government to verify the eligibility of individuals to work in the United. States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. If Rev 06109 applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the CONTRACTOR must (1) enroll in the E-Verify Program, (2) use E-Verify to verify the employment eligibility of all new hires working in the United States, except if the CONTRACTOR is a state or local government, the CONTRACTOR may choose to verify only new hires assigned. to the Agreement; (3) use E-Verify to verify the employment eligibility of all employees assigned to the Agreement; and (4) include these requirement in certain subcontracts, such as construction. Information on registration for' and use of the E-Verify Program can be obtained via the . internet at the Department of Homeland Security Web site: http://www,dbs. gov/E-Verify. SECTION 31. JOINT AUTHORSHIP. This Agreement shall be construed as resulting from joint.negotiation and authorship. No part of this Agreement shall *be construed as the product of any one of 'the parties hereto. SECTION 32. EQUAL OPPORTUNITY EMPLOYER. The CONTRACTOR is an Equal Opportunity Employer and will comply with all equal opportunity employment laws. The CONTRACTOR will further ensure that all sub -contractors it utilizes in providing the services required hereunder will comply with all equal opportunity employment laws. SECTION 33. AUDITING RECORDS, AND INSPECTION. In the performance of this Agreement, the CONTRACTOR shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with. generally accepted accounting procedures, Throughout the term of this Agreement, books, records, and accounts related to the performance of this Agreement shall be open to inspection. during regular business hours .by an authorized -representative of the COUNTY and shall be fetained by the CONTRACTOR, for A. period of three years after termination or completion of the Agreement or until the full COUNTY audit is complete, whichever comes first. The COUNTY shall retain the right..to audit .the books during the three-year retention period. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida .Public Recofds Act, chapter- 119, Florida Statutes. The COUNTY also has the right to conduct an audit within sixty (OQ) days from the effective date of this Agreement to determine whether the CONTRACTOR has the ability to fulfill its contractual obligations to the satisfaction -of the 'COUNTY: The COUNTY has the right to terminate this Agreement based upon the fndings'in this audit Without -regard to any notice requirement for termination. SIGNATURE PAGE TO FOLLOW 10 Rev 06109 IN WITNESS WHEREOF, the parties hereto'., by their duly authorized representatives, I hayp-e-pp - tpd:this Agreement effective the day of 32011. 'AT . TEST: epclerk bftM Board o.MA.D BOARD 0 ' F COUNT' QTV UNCOMMISSIONERS OSCEOLA. COUNTY, ]FLORIDA TSI DISASTER .,CCOVER-Y, LLC By: Print: Title: -STATE K QJF--'FL0-FADA COUNTY OF 'fb& f6tegpitig. instrument qnt Was executed before me this day of 2011, by > eitw—'6vl-e as H&144/F— of T81 - Disaster .Recovery, 'LL, 0,- who ersgnally -swore or affirined Ifiat lfel§M is agho J- ed.-to execute this oo .AgT6effiOnt, 'arid 'thereby Vjnd.#ic Corporation, and' who. is, lsonecvy.- kh.0 ..-to fne OR has pfudw-od, as "identification F, 'A PIOTA STATE OE FLORIDA i0omnyff.PP)R5NYVBL1C,9tRte of Florida .rlw EW Exlrbs.6h (stampy 11 Rev 06/09 Exhibit "A" Scope of Services 1. The CONTRACTOR shall perform all work necessary to complete each project as assigned by the COUNTY. The Services include the performance of scheduled land management services on an as -needed basis'for the COUNTY. 2. The scope of services includes mobilization, labor, equipment, materials, permits, clean- up, supervision and coordination of management activities on an as needed basis for the COUNTY including, but not be limited to, the following! 2.1 Restoration o Hydrologic ■ site preparation ■ earthwork. ■ control structures ■ construction ■ permitting ■ monitoring o Aquatic and Upland Habitat ■ site preparation • planting ■ watering • fertilizing ■ monitoring ■ transportation ■ permitting • mapping 2.2 Tree Removal o trimming o stump grinding and chipping o permitting q site preparation o application o disposal o hauling o inspections 2.3 Brush Removal and Roller Chopping o site preparation o application 12 Rev 06/09 o hauling 2.4 Mowing (Brush Cut) o site preparation o application o hauling 2.5 Trail Installation and Repairs o site preparation o installation (Terrestrial and Aquatic; paved, natural, stabilized, boardwalk and bridges) 2.6 Shoreline Stabilization o pennitting o preparation o construdiori and earthwork o hauling 2.7 General* Construction, Demolition, Repairs, Restoration and Mowin o Structural. Demolition and Removal ■ permitting ■ disposal �ix., demolition buildings, structures, both terrestrial and .aquatic) o Historic Building Repairs, Restoration, Moving 6r Construction ■ permitting ■ engineering ■ demolition ■ site preparation disposal ■ inspections o "General Recreation Facility/Building Repairs, Installation or Construction ■ construction site preparation permitting ■ inspections (i.e., picnic pavilions, restrooms, passive recreation equipment) o Boat -Ramp, Dock, Marina and Pier Construction, Installation or Repairs ! construction ■ site preparation ■ permits 13 Rev 06/09 ■ engineering ■ inspections o General Painting and Staining ■ application ■ site preparation o General Cement Work ■ . permitting ■ site preparation ■ construction ■ testing and inspections (i.e., pads,;sidewalks, piers) o General Electrical Repairs and Installation ■ permits ■ site preparation 2.8 Access.Road and Culvert Repairs, Removal and Installation o delivery o site preparation o permitting o engineering o disposal o testing and inspections o installation -and removal (i.e., lime rock, shell rock, milling, asphalt, concrete) 2.9 Septic Repairs and Maintenance o hauling o disposal (i.e., restrooms, caretaker homes) -2. 1-G Landscape Maintenance o edging o trimming o wading o fertilizing o sprinkler repair o 'inspections 3. Work shall include all mobilization, labor, materials, supplies, equipment, permits, and necessary services to complete work as assigned. 14 Rev 06/09 4.. The CONTRACTOR shall be appropriately licensed and/or certified to provide appropiiate:seruices listed herein.for the term of this- Agreement. 5. Hourly Rate: The CONTRACTOR shall bill. the COUNTY based on .the Hourly rates as listed in. Exhibit B, Fee Schedule attached hereto. The hourly rate shall include full compensation for labor, equipment use, travel time; and any other costs (including overhead) to the CONTRACTOR. The hourly rate paid to ,the'. CONTRACTOR shall start upon arrival at the job site and -end upon departure from the site. This hourly rate shall be used as required by .the COUNTY for the services specified, as, well as unforeseen labor needs not otherwise addressed. 6. Responsibilities.:'The CONTRACTOR shall supervise and direct all work, using its best skill and attention. The .CONTRACTOR shall be solely responsible for all construction means, methods, techniques, .sequences, and procedures and for .coordinating all portions of the work under this .Agreement. The CONTRACTOR shall be responsible to the 'COUNTY -for the acts and omissions of .its employees, sub -contractors, any agents and employees, and other persons performing any of the work under a contract with the CONTRACTOR. 7. Debris: Th'e CONTRACTOR shall, at all times; keep .the premises free from accumulation .of waste materials or rubbish caused by 'its operations. At the completion of the work; the CONTRACTOR shall remove all waste materials and rubbish from and about the job site, as well as all tools, equipment,. machinery, surplus supplies and materials, leaving the job site in a clean, ready to use coridition. The CONTRACTOR shall not use trash receptacles on the COUNTY'•s premises without authorization. All waste materials associated with these services shall be handled in .accordance with all federal, state, and'local regulations. 8. Any hazardous materials .shall be disposed of as prescribed by law and the CONTRACTOR shall provide the appropriate certifications and records to the COUNTY that verify an accredited hazardous material disposal company disposed of the materials. 9. Authority: The CONTRACTOR's supervisor or alternate. shall have full authority to act for the CONTRACTOR on all matters relating to the daily operation of this Agreement. 10.•- Project Manager: The COUNTY's Project Manager shall be Robert Mindick, who:shal1 have -the responsibility for' -managing the purchases performed under this Agreement. The COUNW's contact:iiiformation is as follows: Osceola County, Attention: Robert Mindick 1 Courthouse Square, Suite 1100 Kissimmee, Florida 34741 (4.07)'742°-7805 11. Hours of Work: Regular work may be performed by the CONTRACTOR between the hours of 7:00 a.m. and 5:0.0 p.m., Monday through Friday. No work may be performed on 15 Rev 06/09 COUNTY holidays -or after normal business hours without prior authorization from the COUNTY's Project 'Manager. 12. Method of Operation: The CONTRACTOR shall not commence any work until properly authorized to do so by the COUNTY's Project Manager, in writing (i.e. a purchase order). After titre initial notification, the CONTRACTOR shall provide service in accordance with specifications herein. 13. Inspection and Unfsatisfactory Work: The CONTRACTOR shall consult with the COUNTY's Project. Manager for inspection and tentative approval of work quality being accomplished. to the event of unsatisfactory work, the CONTRACTOR shall perform whatever work. is necessary without additional compensation. 14. Work InterruptionsAmpediments: When work by COUNTY employees, by other Contractors, or weather conditions of a temporary nature prevent the CONTRACTOR from completing task, additional time will be permitted to complete -the work. 15. Estimate of Labor: a. . Upon receipt of a request for work from the-COUNTY's Project Manager, the CONTRACTOR shall prepare an independent written estimate of the labor -'and, materials required to complete. -the work. This estimate shall provide specific information including the. following: hourly labor rates, as stated herein, for each required "worker; number of hours required per classification, and a list of materials to include description and cost. This estimate shall also include the time work will be started and completed. The CONTRACTOR must return an estimate to the COUNTY's Project Manager within three (3) workdays, or as otherwise directed, from receipt of a work request. The CONTRACTOR will be provided a detailed scope of services. that identifies the specific work description. The CONTRACTOR shall complete the total estimate to accomplish the work and wily identify any additional tasks necessary to satisfactorily accomplish the overall scope of services. All travel expenses, travel time, vehicle expenses, etcetera incurred by the CONTRACTOR in order. to provide the. -estimate for services shall be borne .by the CONTRACTOR and will not be reimbursed by the COUNTY. The CONTRACTOR's estimate will be evaluated to determine if the scope of work has been clearly and accurately understood, the work has been properly estimated with supporting data. presented, and that material and equipment estimates are reasonable and properly documented. b. The- estimate provided by the CONTRACTOR shall be firm, no increases will be permitted unless unforeseeri circumstances arise or additional scope of work is added and the increase is authorized by the COUNTY's Project Manager, in writing, in advance of work being completed. Any 16 Rev 06/09 increases not authorized by the COUNTY will not be paid to the CONTRACTOR. c. If, during the course of work, the CONTRACTOR encounters unforeseen conditions which impact the work and which could not initially be evaluated, the CONTRACTOR shall not proceed without written authorization from the COUNTY's Project Manager. d. The CONTRACTOR shall have sufficient number of personnel, materials, transportation, and an adequate inventory of tools and equipment to perform. work at the job site. The CONTRACTOR shall be held fesponsible for the on -site supervision, scheduling, storage, receiving, and placement of materials. 16. Emergency Work Request: Emergency work may be. needed from time to time. The CONTRACTOR shall, within two (2) hours of notice, meet the COUNTY's Project Manager at the job site, review the scope of services, provide an estimate, and be responsive .to the emergency request, once work authorization is given. All travel expenses, travel time, vehicle expenses, etcetera incurred by the CONTRACTOR in order to provide an emergency work request quote, shall be borne by the CONTRACTOR and will not be reiinbbrsed by the COUNTY. 17. Protection of People: Precautions will be exercised at all times for the protection of persons (including. employees) and property. Barricades will be provided by the CONTRACTOR at the CONTRACTOR's expense when work is performed in areas traversed by persons or. vehicles, or when deemed necessary by the COUNTY's Project Manager.. 18. Accomplishing Work: The CONTRACTOR acknowledges that time is of the essence to complete the work as specified in each and every work request. The CONTRACTOR. agrees that all work shall be prosecuted regularly, diligently; and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified in each and every -purchase order. 19. Invoices: a. The CONTRACTOR shall advise its employees of the correct protocol on how to submit the invoices and any other paperwork submitted to the COUNTY correctly, which shall. include all the correct back-up, including but not limited to, Purchase Orders, and upon request by the COUNTY's Project Manager, receipts and/or invoices from sub -contractors to show correct mark-up on materials. b. All invoices shall show the Purchase order number, the name of the person placing the order, description of services) performed, hours worked, hourly rates, 17 Rev 06/09 contract price, and discounts. Descriptions, material cost, percentage markup, and net price of each line -item wf1l.be listed oir the invoice. 20. Cost of Materials: At: the COUNTY Project Manager's request, the CONTRACTOR shall provide documentation of the cost of materials used to perform the services for the COUNTY. The docurramtatiori shall include, but not be limited to, receipts and/or invoices from sub:contractors and/or merchants, wholesalers, retailers, and etcetera, for materials purchased .by the CONTRACTOR to perform the services for the COUNTY. Any irregularities found on invoices, by the COUNTY's Project Manager, shall be corrected'by the CONTRACTOR prior to payment being made by the COUNTY. 21. Trip Charges and Fuel Charges: The CONTRACTOR shall not charge trip charges or fuel charges for any services -performed in connection with this Agreement. 22. Safety: The CONTRACTOR shall be responsible for ensuring that any work performed in connection with this Agreement conforms to the guidelines set forth by the Occupational Safety and Health Act (OSHA). 23. Subcontractors: If a subcontractor is needed to complete work, the CONTRACTOR will have to get approval from the COUNTY's Project Manager. The CONTRACTOR will be held responsible for holding the sub -contractor accountable to the same standards set forth in this Agreement. 24.. Unique Requirements?- If any instance arise needing unique requirements of the CONTRACTOR,. other than. what is specified. in this Agreement, case -by -case, separate negotiations with the CONTRACTOR may be considered. 18 Rev 06/09 Exhibit "B" Fee Schedule Cost Per Hour Laborer (unskilled) $20.00 Laborer (semi -skilled) $26.00 Laborer (skilled) $32.00 Equipment Operations (dependent on equipment required to complete task) $40.00-$200.00 Other Services Upon Request Cost Per Cubic Yard .Debris Removal $19.39 *Subcontractors, chemicals and supplies *Materials, including chemical - and subcontractor services outside TSI (if required) will be invoiced at cost. 19 Rev 06/09 Exhibit 2 March 15 2016 Robin Brock From: Sue Christopher Sent: Tuesday, March 08, 2016 10:43 AM To: Robin Brock Subject: City Council Agenda Item Follow Up Flag: Follow up Flag Status: Flagged Case No. 14-071 Alumni Partners II LLC 206 SW 91h Avenue Parcel: 2-21-37-35-OAOO-00008-BOOO On February 9, 2016 the Code Enforcement Board recommended City Council begin foreclosure proceedings on Case No. 14-071, Alumni Partners II LLC. According to Code Officer Sterling the property is very overgrown with a fine of $60.00 per day which has been accruing since December 12, 2014. � i )ti \&/ \ ^ze—eeee< & R § CD 9 / ///\ ® zz2�44= f CD \ y / \ - � 3 3 c 4 c w@ =6 / 2 `±.�57•/7 u 3 fie±o \) 2 3 `, « 0 e / / § / &29I \ rD FD C/ \\C) RD�\ � o } \ � § K) Q (7) Cl) � (D r1l, :r � � CD � � CD BE 0 CL m m m h 0 MON 0 m s m � Moll 0 � � m � � 46 ■ C) 0*4 MA ACTION LIST —March 11, 2016 from the City Administrator's Desk SS SE 3rd Ave., Okeechobee, FL 34974 - Centennial Park — Staff continues searching for potential additional grants to shoreline stabilization and docks. DRAFT grant application is being completed with LAT & S Associates, Inc. for supplementing construction in the amount of approximately $320,000. - Administration /Public Works HRTPO Grants Applications — Grant applications are DONE and submitted for signals (NW 9`" Street / Parrott & SW 6`h Street / Parrott) as well as resurfacing. HRTPO commended City for the high quality of application o submittals. Meeting with FDOT in regards to implementation of signalization and/or need being currently scheduled. Stakeholders are anticipated to be in attendance. - Building Department— Preliminary Plan Review — Lightsey's Review, very favorable resubmittal was taken in for March Technical Review Committee. 511 - Equipment— Requests for Fire, Police Dept, and Public Works are continuing. - City Hall Municipal Sign - to be reconstructed - currently awaiting quotes. Coordination with Chamber and Leadership class for collaborative effort. - City Hall signage and Concrete Base- project to be completed in cooperation with Okeechobee Chamber, Leadership Okeechobee and City. - SCOP Project— SW 81" St & SW 2nd Ave — Bid is out, PreBid is Monday 14`", bids are due March 22nd' Construction to follow immediately. Z - Canal Cleaning — Continues to be completed before May 2016. - Business Tax Receipts — City has 1150 paid BTR's with 51 outstanding. See attached list of non-paying businesses. Notices initially mailed in July. These outstanding businesses have been assessed the $250 penalty per the ordinance. Page 1 QD m cn N) " La ;-j (0 to !jj w rl) Cc) ('0 M, --j 0 10 0 (D w w 41. (7) m co (D z 0 w -,i --I ro N) -C�- w R Z�n mm 04 Oj 0 SO "m --j T con --j U> (0 m m 0 0 0 0 0 0 > > > > > x m m > M m m > r- > ut cn cn z z CO > U) W W 0cn 0 co (n -0 w > M > cn a m z z Sc 0 00 M m > > -n > > 0 MMMZZMT" X m m m 0 7% cn z z lcmr-rr-00 > Z r- M U) --4 r- — > mzo>o>m C— ZZWQO cn (n -q M -4 CDC) M:*() C) > 0 000 -4- 600;ux z m 0 z z > ZZM0 > 0C.0 ji(nO.>>> cu m ca -u > -u 0 0 0 > m > C) > > Z --4 z �v ;?j z F) 5 0 0 0 0 0 0 Z C) M > z 9: K K ;u 0 � M z C() (D n cn to 0 m z > 0 > > rr, z > x o 0 m m m G) G) G) QQ Cl) -0 m > > z 0 m w "tQ CO w w t") C:) M -,J q 0) to wN) ;nm cn w w w 0 w CD co �j 0 cn m 0 C) M (D cn En c) cn zz rwn Om * Z XO0 0 Z 0 Om z 0 :*-4 "D -u -u -0 C: cn w w -1:1 > z X > N > > > > N N > -u W-, --1 = --4 m ;a A > > m cn>>Txmr- Om:oi 'Mma: < 0 >M-�<<Wwx, --�:;U;v >0>> xzxmm--4 locn --AMM X-u<< -4 -u , m m ;D;Dxcc;u--4 ;uc:mzzxxm >MM, 7%0 n M M X X r" M m c c m m X < - ;-, 0 z z n M M -4 -4 rn m 0 m --4 m m M m :�� m m w cn c cm --4 M 1 --4 __j m M Z X M m --4 -4 U) --i (- 0 0 m m M cn > M 71 -4 < m 0 r- ;�� m m --j m z 0 0 rn w C) ;u CD, m 0 (,n c.�- rn m cn cD <D cn, (D c�l fD c�l c) m m (71 — — — m 2 w (-n C) G) G) cn AG) G) p Ln in m m m m m m OD m m —ca —��a —M 'a mMM mm m mmc� .... .... WS 00 0 w w ID ID C, 0 w 11 m m m 0) 0) cn 0 C�) c3 cD C�) cn n cn w cn Co CD w C) 13 W Ij w --4 ricc)()D m m C) m w c. ---j co m m co P-.) C) 07 --j --j 2 2 m m !2 w D A m C3 0 c" (0 OD CD ca 0 co -4 --4 to 0 Z. 0) -lj --j En� n fn m c:> m co m w --4 cn (0 En (11 5.n cn 0) CD yin rT m, r n k, cn r n 8 (ND W (NS) O > O W W W O W w s ? A A 07 W (n m V W Co (D A V (n w to W (p V m CD. CD W W W N N V (n (D O S S U Q m m m O 0 0 Q> O �_ D D rO rO D D C (Xn m m O Q z Z K� m m m x -i z m -t x z Ct A r Cm3 Ti m m rn D (n cn Q a m O O z 0 F wz n 00--1 --4-t O= �za � ,— cn O cT' m Q Q� z X O z" m T z m fl m m- m p O v q< G G� G� O D m �, 7 �l C X ' itl X'7 Q m m -;i Z D �' D n n S S to C ( M z O m> O m C X £7 m o m cn O m D p p r cn m D Ct m m 6 D p Z -i Cn t17 -i 0 r D rn �_ m Z Z Z Z m D Ci 0 z m m r m D O O a O z O�10 D D (mn Q' Cz� X a7 �7 z � Q C C) --A --I 70 5) m n x m m z 1 m m Cn m Ci '0 'D n l� D D D A cz� 4 D z 0 z z m m m m G) m 0 cn--< Q r D l? z r � r N N W W d VN m -: O UO � VO 2O0 W N O W ? m O O (n (n W W Z z N O O O W w (n O (D N co N Z 0 z 0 W C,z Z N 'A W m m W O Cn En (n m cn O Cn Z W �< `2 5 O-0-u rn*- m D* v im D A*� m m M m N-u a D S Z ��> 4 S m p m m o N Q i p Q = X X -I LtJ � Z -I �7 Q -i -i = _ �7 = > �l X X D 0O << O A X m C z Z m m o m m m D D C Sc G D C C D m m -i v Z < < CCi < rn < -j -mi - m m --i -i � �-E M A C m m m rn m m Ti m C C < C C < m D m m m m n (n m O cn V V V m :;u V -J :J fn (n N m x W 8 � x A N N w in m w � o wM o M rn w o � Gi L7 rn o o N �I N 00 CA d0 00 a W (A W ar C, O 6a ::� V Q3 (b Oa O 641) OV) P Oi A 6) O (D Cn (n W G) A d CDM O A W A C:)W M M Cn V CT N (In n (D W w O O W W U1 (D W O O W A Cn (D O O w w O W o) 8 O N tJ O O -P A A N W O Q3 (n T N N W (D (D V O -• N ? �` 07 CO A N W D O W A O O � to (O CD W N N N IQV N W V n 0 (n W co to to M (n W U'i V V O ? V O O m O N m 0) ? V A A A W ? It. O (n 0 O J N N cn W W w N A a C1t pi0 w w N N N N N y W N A N A -C,a. c� �j .rl I (D V ? Z. N V m W V --Im A (O D (D fJ) V I P (3t Co 6) V Cn m ( (n n 03 f31 U7 Cn p to W W to O7 03 Cn R\ (:'1 rh tti nt !.5 n T A• r.♦ ir1 �.� rt� ++� r.� rn n in