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2001-05-01 Regular154 CITY OF OKEECHOBEE MAY 1, 2001 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: May 1, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Eddie Lamb; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the month of May, 2001 as "Civility Month." PAGE 1 OF 5 Mayor Kirk called the May 1, 2001 Regular City Council Meeting to order at 6:00 p.m. Pastor Lamb offered the invocation; Mayor Kirk led the pledge of allegiance. City Clerk Thomas called the roll: Present Absent Present Present Present Present Present Present Present Mayor Kirk read the following proclamation in its entirety: "Whereas, the opan oAchange of p:jL;ic discourse is essential to the democratic system of government; and Whereas, as a r o^+erstone o; democra;y Americans have observed certain rules of behavior generally known as civility; aad Whereas, civility, aedyed from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worth of citizens living in a community or in common with others; and Whereas, displays of anger, rudeness, ridicuie, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and Whereas, civility can uplift our daily life and make it more pleasant to live in an organized society; and Whereas, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. Now Therefore, I James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of MAY 1, 2001 - REGULAR MEETING - PAGE 2 OF 5 155 A. Motion to dispense with the reading and approve the Summary of Council Member Oliver moved to dispense with the reading and approve the Summary of Council Action for the April Council Action for the April 17, 2001 Regular Meeting. 17, 2001 Regular Meeting; seconded by Council Member Watford. There was no discussion regarding this item. VOTE KIRK - YEA CHANDLER - ABSENT OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of item's on today's agenda. agenda. New Business item "E" to discuss awarding a bid for hurricane shutters was added by Administrator Veach. Attorney Cook requested to add New Business item °F° to consider corrective deeds on the Thomas' property. Administrator Veach also requested to withdraw New Business Item "B," Mr. Ken Badke called and advised he would not be able to attend the meeting tonight, he asked to relay that a local person had been employed and was working in the office, he will reschedule the update on a later meeting date. VII. NEW BUSINESS. A. Motion to adopt Resolution No. 01-5 authorizing the execution fo a Council Member Watford moved to adopt Resolution No. 01-5 authorizing the execution of a highway maintenance highway maintenance agreement between the City and FDOT - City agreement between the City and Florida Department of Transportation; seconded by Council Member Williams. Clerk (Exhibit 1). Attorney Cook read the proposed Resolution by title only as follows: "RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND PROVIDING FOR AN EFFECTIVE DATE." There was a brief discussion regarding this item. The Council approved the execution of a one year agreement with DOT in January 2001, however, DOT is now requesting the City to enter into a three-year agreement instead. 156 MAY 1, 2001 - REGULAR MEETING - PAGE 3 OF 5 VII. NEW BUSINESS CONTINUED. A Motion to adopt Resolution No. 01-5 authorizing the execution fo a highway maintenance agreement between the City and FDOT continued. B. Update from Independent Inspections - Ken Badke. C. Discussion regarding Audit Report - Dowling Watford. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. This item was withdrawn from the agenda. Council Member Watford stated he wanted to briefly note that this 1999-2000 Audit Report was much better than the past few years and he thanked the City Staff for their hard work. One item that has come to his attention is on page twenty six, the debt service. The City does not levy millage on the debt service. However, debt service is not subject to homestead exemption and since the City has a debt service fund it might be advantageous of the City to explore the possibilities of levying for that in the next years budget. The Council concurred and instructed Administrator Veach to explore that for the 2001-2002 fiscal year. D. Summer schedule for City Council Meetings - City Administrator. Administrator Veach requested that the Council check their schedules since traditionally the City has only one meeting in June and July due to summer vacations. The budgetworkshops begin in August. Council agreed to have onlyone meeting in June and July, those dates being: June 5, 2001 and July 17, 2001. E. Item Added to Agenda: Motion to award a bid to install Hurricane Administrator Veach advised the Council awarded the installation of hurricane shutters to another contractor who had Shutters on the City Hall and Public Safety buildings in the amount a certain amount of time to begin the work. Due to illness that contractor is unable to fulfill the contract. The project of $25,792.00 - City Administrator (Exhibit 2). 1 needs to be completed prior to Hurricane Season. Council Member Watford moved to award a hurricane shutterbid for City Hall and the Public Safety Buildings to H & H Aluminum for the windows in the amount of eighteen thousand, nine hundred seventy-eight dollars ($18,978.00) and Savannah Trims forthe doors in the amount of six thousand, eight hundred fourteen dollars ($6,814.00); seconded by Council Member Oliver. This price is five hundred dollars less than the original award. The grant portion is twenty-two thousand, five hundred sixty-eight dollars ($22,568.00). The City's responsibility will be three thousand, two hundred twenty-four dollars ($3,224.00). This does not include the new police building. MAY 1, 2001 - REGULAR MEETING - PAGE 4 OF 5 157 VII. NEW BUSINESS CONTINUED. E. F. Item Added to Agenda: Motion to award a bid to install Hurricane III Vote on motion is as follows: Shutters on the City Hall and Public Safety buildings continued. VOTE KIRK - YEA CHANDLER - ABSENT OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Item Added to Agenda: Consider Corrective Deeds on the Thomas Attorney Cook explained he had been contacted by Attorney Tom Conely. There is an error in the legal description on property - City Attorney. deeds that were to have solved a problem along Southeast 9t" Avenue, as it fronts Oak Ridge Estates. The street encroaches onto private property. When the property owners, Wayne and Bonnie Thomas developed the lots, they deeded the portion of the property that a street had been built upon to the City. Due to an error in the legal description what should have been deeded to the City was retained by the property owner and what should have been retained by the property owner was deeded to the City. Mrs. Thomas distributed maps indicating the properties in question. Council Member Watford moved to accept a corrective deed from property owners' Wayne and Bonnie Thomas for property along Southeast %h Avenue and Oak Ridge Estates and issue the necessary corrective deeds to the property owners; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - ABSENT OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. i58 MAY 1, 2001 - REGULAR MEETING - PAGE 5 OF 5 VIII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF 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. ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor There being no further items on the agenda, Mayor Kirk adjourned the meeting at 6:30 p.m. Page -1- CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING - May 1, 2001 HANDWRITTEN MINUTES CALL TO ORDER: -Mayor: K(*May 1, 2001 crxv cou*wzRgauzafMgftLjjg,, 6:00p.► .. OPENING CEREMONIES: Invocation offered by P cgtar EcIcU i La n& ; Pledge of Allegiance led by Mayor x" III. MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas. Present- Absent Mayor Kirk Council Member Chandler Council Member Oliver Council Member Watford t Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea Carolyn Arnold, Office Assistant IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the month of May, 2001 as "Civility Month." "Whereas, the open exchange of public discourse is essential to the democratic system of government; and Whereas, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and Whereas, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worth of citizens living in a community or in common with others; and Whereas, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and Whereas, civility can uplift our daily life and make it more pleasant to live in an organized society; and Whereas, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. Now Therefore, I James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of May as "CIVILITY MONTH," and call upon all citizens to exercise civility toward each other." V. MINUTES - City Clerk. A. Council Member moved to dispense with the readingrnppprove the Summary of Council Action for the April 17, 2001 Regular Meeting; seconded by Council Member . VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motio arrie —Denied. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. v _ _ Page -2- IX. NEW BUSINESS. A. Council Member moved to adopt Resolution No. 02-5 authorizing the execution fo a higRM aintenance cilagreement between the City and FDOT - City Clerk (Exhibit 1); seconded by CounMember . "RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND PROVIDING FOR AN EFFECTIVE DATE." T j VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS -� Mot! Canyed - Denied. B. Update from Independent Inspections - Ken Badke. Page -3- C. Discussion regarding Audit Report - Dowling Watford. D. Summer schedule for City Council Meetings - City Administrator. (P-S Page -4- • CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING - May 1, 2001 HANDWRITTEN MINUTES CALL TO ORDER: - Mayor: XiA, May 1, 2001 cry co, wa?Ze4,d w Mgt p.m< II. OPENING CEREMONIES: Invocation offered by PcLSt& r fd U& Lawilr ; Pledge of Allegiance led by Mayorxu-k, III. MAYOR, COUNCIL AND STAFF ATTENDANCE - Absent Mayor Kirk Council Member Chandler Council Member Oliver V Council Member Watford ✓ Council Member Williams Attorney Cook ✓ Administrator Veach ✓ City Clerk Thomas ✓ Deputy Clerk Gamiotea Carolyn Arnold, Office Assistant Page -1- IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the month of May, 2001 as "Civility Month." e c� �'���, ;���� { j ,� t oy �� J �. "Whereas, the open exchange of public discourse is essential to the democratic system of government; and Whereas, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and Whereas, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behaviorworth of citizens living in a community or in common with others; and Whereas, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and Whereas, civility can uplift our daily life and make it more pleasant to live in an organized society; and Whereas, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. Now Therefore, I James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of May as "CIVILITY MONTH," and call upon all citizens to exercise civility toward each other." V. MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the April 17, 2001 Regular Meeting; seconded by Council Member W . VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER ✓ WATFORD WILLIAMS v Moti Came Denied. Mi. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. L) t c u-�- LkLcu� c/-L The nq • IX. NEW BUSINESS. Page -2- A. Council Member U6 moved to adopt Resolution No. 02-5 authorizing the execution a highway maintenance agreement between the City and FDOT - City Clerk (Exhibit 1); seconded by Council Member r L�l "RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND PROVIDING FOR AN EFFECTIVE DATE." 4IL' 3 Lif VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER ✓ WATFORD ✓ WILLIAMS Motion0—ffliil�, Denied. B. Update from Independent Inspections - Ken Badke. Page -3- C. Discussion regarding Audit Report - Dowling Watford. • 0 Page -4- D. Summer schedule for City Council Meetings - City Administrator. J $ 32't, q U LC fJ j�L ;Sac") ko IjA U -A�N �Y-A, Y- f,.YUCU-n;, z C- tLCOJ I UL Y� T hC U:Ukfl NCO &qnld, d- v G( CITY OF OKEECHOBEE MAY 1, 2001 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 of 2 I. CALL TO ORDER -Mayor: May 1, 2001, City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation offered by Pastor Eddie Lamb; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea • IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the month of May, 2001 as "Civility Month". V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 17, 2001 Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. is VII. NEW BUSINESS. is MAY 1, 2001 - CITY COUNCIL AGENDA - PAGE 2 OF 2 A. Motion to adopt Resolution No. 01-5 authorizing the execution of a highway maintenance agreement between the City and FDOT - City Clerk. (Exhibit 1). B. Update from Independent Inspections - Ken Badke. C. Discussion regarding Audit Report - Dowling Watford. D. Summer schedule for City Council Meetings - City Administrator. VIII. ADJOURN MEETING - Mayor. 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 proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. Office of the Mayor rt se is essential to the democratic system of government; the open exchange of public discour arlt t e of democracy Americans have observed certain rules of behavior general as :Whereas, as a cornerston civility; and worth e�Whereas, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavibr, of citizens living in a community or in common with others; and. Whereas, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and Whereas, civility can uplift our daily life and make it more pleasant to live in an organized society; and Whereas, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. Now Therefore, I James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, do-,/ hereby proclaim the month of May as "CIVILITY MONTH," and call upon all citizens to exercise civility toward each other. ,J­Aa- J­4 ExHIBIT 1 MAY 1 AGENDA RESOLUTION NO. 01 - 5 RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee is very concerned over the appearance of median islands, interchange areas within the corporate limits of the City of Okeechobee; and WHEREAS, the City Council of the City of Okeechobee after discussion with the Department of Transportation of the State of Florida, believes that it can better perform the maintenance of the landscaping in those areas; and WHEREAS, the Department of Transportation of the State of Florida, has agreed to provide funds in the amount of ?twenty Eight Thousand Eight Hundred Eighty Dollars and Twenty -Eight Cents ($28,880.28) per year for a period of three (3) years for the City of Okeechobee to maintain said landscaping; and WHEREAS, the City Council believes such an agreement to be in the best interest of the citizens of the City of Okeechobee. NOW, THEREFORE, be it resolved that the City Council of the City of Okeechobee, does hereby authorize the Mayor to execute an agreement entitled "Highway Landscaping Maintenance Memorandum ofAgreement" between the City of Okeechobee and the Florida p De artment of Transportation, agreeing to maintain the landscaping in median islands, interchange areas and rights -of -way described in said Agreement in exchange fort e payment of Twenty Eight Seven ThousandEight Qnd Twored Eighty Hundred andars and Rventy-Eight 7Yventy Dollars and Seven ($28, 880.28) payable at Cents ($7,220.07) per quarter for a period of three (3) years. This Resolution shall take effect on the 1st day of McW 2001. Introduced and Adopted this 1'` day of MaU , 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Contract No.: FM No: 20338917202 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the "DEPARTMENT", and CITY OF OKEECHOBEE hereinafter referred to as the "AGENCY". WITNESSETH WHEREAS, the AGENCY has the authority to enter into said Agreement and to undertake the project hereinafter described, and the DEPARTMENT has been granted the authority to function adequately in all areas of appropriate jurisdiction and is authorized under Section 334.044 F. S. to enter into this Agreement; and WHEREAS, the AGENCY by Resolution No. dated the day of 2001, a copy of which is attached hereto and made a part hereof, has authorized its officers to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1-SERVICES AND PERFORMANCE A. The DEPARTMENT does hereby retain the AGENCY to furnish certain services as described in EXHIBIT A, attached hereto and made a part hereof. B. Before any additions or deletions to the work described in EXHIBIT A, and before undertaking any changes or revisions to such work, the parties shall enter into a Supplemental Agreement covering such modifications and the compensation to be paid therefore. Performance of any such services prior to the execution of a Supplemental Agreement will result in nonpayment of those services. Reference herein to this Agreement shall be considered to include any supplemental thereto. C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the AGENCY and of the details thereof. Coordination shall be maintained by the AGENCY with representatives of the DEPARTMENT. D. All services shall be performed by the AGENCY to the satisfaction of the Director who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement. The Director's decision upon all claims, questions and disputes shall be final and binding upon all parties. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable shall be left to the absolute discretion of the Director. Reference herein to Director shall mean the DEPARTMENT's District Secretary for District One. 2-TERM A. This Agreement has a term of three (3) years, which term shall begin immediately following the execution of this Agreement by the DEPARTMENT. B. The services to be rendered by the AGENCY shall commence subsequent to the execution of this Agreement, upon written notice from the DEPARTMENT's Project Manager, and shall continue until its expiration date of , unless terminated in accordance with paragraph 6 of this Agreement. 3-COMPENSATION AND PAYMENT A. The DEPARTMENT agrees to pay the AGENCY for the herein described services at a compensation as detailed in EXHIBIT A attached hereto and made a part hereof. The DEPARTMENT shall have the right to retain out of any payment due the AGENCY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the AGENCY on any other Agreement between the AGENCY and the DEPARTMENT. B. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. C. If this contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. oil • D. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. E. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. F. Bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes. G. AGENCY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. H. If a payment is not available within 40 days, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the AGENCY. Interest penalties of less than one (1) dollar will not be enforced unless the AGENCY requests payment. Invoices which have to be returned to an AGENCY because of AGENCY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. I. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as a advocate for contractors/vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1- 800-848-3792. J. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the AGENCY's general accounting records and the project records, together with supporting documents and records of the AGENCY and all subcontractors performing work on the project, and all other records of the AGENCY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. K. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid 3 on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. L. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4-INDEMNITY AND INSURANCE A. INDEMNITY. AGENCY agrees, to the extent allowed by Section 768.28 F. S., that it will indemnify, defend, and hold harmless DEPARTMENT and all of DEPARTMENT's officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, actions, neglect or omission by AGENCY, its agents, employees, or subcontractors during the performance of the contract, whether direct or indirect, and whether to any person or property to which DEPARTMENT or said parties may be subject, except that neither AGENCY nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of DEPARTMENT or any of its officers, agents, or employees. B. LIABILITY INSURANCE. The AGENCY shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. C. WORKER'S COMPENSATION. The AGENCY shall also carry and keep in force Worker's Compensation insurance as required for the State of Florida under the Worker's Compensation Law. 5-COMPLIANCE WITH LAWS A. The AGENCY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. Failure by the AGENCY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The AGENCY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. 6-TERMINATION AND DEFAULT A. This Contract may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. This Contract may be canceled by the AGENCY upon (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the AGENCY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the DEPARTMENT. C . If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the AGENCY, the DEPARTMENT shall notify the AGENCY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the AGENCY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the AGENCY. 5 7-MISCELLANEOUS A. The AGENCY and the DEPARTMENT agree that the AGENCY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract for purposes other than those set out in Section 337.274, Florida Statutes. B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. C. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. D. It is understood and agreed by the parties hereto that if any part, term or provision of this Contract is by the courts held to be illegal or in conflict with any law of the State of Florida, 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 Contract did not contain the particular part, term or provision held to be invalid. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. F. Attachments. 1.1 IN WITNESS WHEREOF, the AGENCY has caused this Agreement to be executed in its behalf this day of , by the ,authorized to enter into and execute same by Resolution Number dated , and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this day of , AGENCY ATTEST: BY: NAME: TITLE: NAME: TITLE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) EXECUTIVE SECRETARY NAME: DOT District Maintenance Engineer Approval: H: \USERS\LG 150RL\wHC\LEGAL\MAINTAGR.2 BY: DISTRICT SECRETARY DISTRICT ONE DOT Legal Review: 7 Availability of Funds Approval: Date EXHIBIT "A" 1 - TERM The services to be rendered by the Agency shall commence, subsequent to the execution of this Agreement, upon written notice from the Department's Project Manager ("Notice") and shall continue for three years from the date of said Notice. Said Notice to become Attachment 1 to this Exhibit. 2 - COMPENSATION The Department agrees to pay the Agency for services rendered in accordance with this Agreement. A lump sum payment will be made in the amount of Seven Thousand Two Hundred Twenty Dollars and 07/100 ($ 7,220.07 ) per quarter for a total of Twenty Eight Thousand Eight Hundred Eighty Dollars and 28/100 ($ 28,880.28 ) per year. 3 - LOCATION AND DESCRIPTION OF MAINTENANCE ACTIVITIES TO BE PERFORMED. "SEE ATTACHMENT A" S DESCRIPTION AND LOCATION MAINTENANCE ACTIVITIES MEMORANDUM OF AGREEMENT FOR THE CITY OF OKEECHOBEE LOCATION #1 Section 91070, State Road 70 Within the corporate limits of the City of Okeechobee M.P. 8.580 - M.P. 10.345 (KM 13.805 - KM 16.645) Mechanical - Roadway Sweeping (curb and gutter sections only) 3.500 mi. X $24.80/mi. = $296.80 x 12 cycles = $3,561.60 Edging and Sweeping of curbs 1.326 mi. X $318.00/mi = $421.67 x 12 cycles = $5,060.04 Mowing of Medians (Intermediate Machine) 0.872 ac. X $63.60/ac. = $55.46 x 12 cycles = $665.52 Litter Removal from Medians 0.872 ac. X $25.00/ac. = $21.80 x 12 cycles = $261.60 Section 01070, State Road 70 Okeechobee County Section S.E. 13th Avenue to N.E. 17th Avenue M.P. 10.345 - M.P. 10.599 (KM 16.645 - KM 17.054) Roadway Sweeping (Curb and Gutter Section only) 1.004 mi. X $84.80/mi = $85.14 x 12 cycles = $1,02.1.68 ANNUAL TOTAL = $10,570.44 QUARTERLY TOTAL = $2,642.61 LOCATION #2 Section 91020, State Road 15(US 441) Within the corporate limits of the City of Okeechobee From S.W. 23rd Street to N.W. 8th Street M.P. 1.626 to M.P. 4.131 (KM 2.616 - KM 6.646) Mechanical - Roadway Sweeping (curb and gutter section only) 6.317 mi. X $84.80/mi. = $535.68 x 12 cycles = $6,428.16 Edging and Sweeping of Curbs 1.292 mi. X $318.00. = $410.86 x 12 cycles = $4,930.32 Page 2 of 2 continued........ Mowing of Medians (Intermediate Machine) 3.327 ac. X $63.70/ac. = $211.60 x 12 cycles = $2,539.20 Litter Removal from Medians 3.327 ac. X $25.00/ac. = $83.18 x 12 cycles = $998.16 Section 91020, State Road 15(US 441) Okeechobee County Section S.W. 23rd Street to SR 78 M.P. 0.000 to 1.626 (KM 2.616) Roadway Sweeping (Curb and Gutter Section Only) 3.355 mi. X $84.80/mi. = $284.50 x 12 cycles = $3,414.00 Annual TOTAL = $18,309.84 QUARTERLY TOTAL = $4,677.46 Memorandum To: Bill L. Veach, Administrator From: Lydia Jean Williams, Administrative Aid/Special Projects Coordinator Date: May 1, 2001 Re: Hurricane Shutters The contractors for the hurricane shutters for City Hall and the Public Safety Building are: H & H Aluminum of Okeechobee (windows) and Savannah Trims of West Palm Beach (doors). The cost for H & H Aluminum: $18,978. The cost for Savannah Trims: $ 6,814. Total $25,792. Grant monies will pay: $22,568• The City is responsible for: S 3,224. Total $25,792. Completion date: May 31, 2001 (windows) .June 15, 2001 (doors) ,wl i• N N T O RBF 1.6'E./0.1'S. (C) COR. \1 SET PER (D)� U 0 O O S.E. 8TH"O:ST. 24.41 RIM ® — 18.24 INV. CMF 'CENTER OF SECTION' A/K/A NW CORNER NWI/4, SE1/4 A/K/A SW CORNER GOVT. LOT 7 ® 23.87 RIM 19.08 INV. S.E. 9TH ST. 21.49 RIM 18.20 INV. S.E. DP 9TH CT. CMF 0.24'1 40'(P) BLOCK 13 Lv WRIGHT'S FIRST AND SECOND ADDITION (1/13) > Q NI� IN T � T O O O 1 Z 20.43' to x x W i Q Z 0 I RBF 1.54'E-- Imo' W r I OF CMS �%� RBS ON I — I (C) COR. S/D LINE PER (D) S 8910'34' E 200.00'(D,C) 100.01 ' S 88'41'07' E 100.01'(C ` WM i— EXISTING ASPHALT N 89'10'34" W % F.L.= 0.8'E. f \� OF RBS cr r F.C.= CMFk208 / 1.2'N. 0.51'N 1.2'E. 0.41'W. '" 200.00'(D,C) 0.09'N./0.24'W. CMS#4276 • CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: April 25, 2001 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. DEPARTMENT SYNOPSIS ADMINISTRATION 1. Industrial Park/Sheffield Environmental - We have submitted the EDA grant. John Cook is reviewing the Transportation Grant contract and we plan to bring it before the City Council on May 15th. Dale Milita informs me that the private sector tax exempt bonds/funding have been guaranteed and should therefore be approved. When this occurs, and it looks as though it will, this project should become a reality. 2. The City Administrator and City Attorney met with Steven Robbins, an attorney who specializes in insurance matters. He may be retained to assist the City in regard to recouping our expenditures related to Bettye Taylor's claim. We continue to review the documentation which could support our claim for reimbursement of expenses incurred as a result of lapsed reinsurance. 1 DEPARTMENT SYNOPSIS I ADMINISTRATION CONTINUED 3. Police Station - Work continues on the new Police Station. A new sewer line has been bored under SR 70 and the new lift station has been installed. Site work, by City crews, is underway. We plan to dedicate the facility on May 3 1 " at 5:00 p.m. The job continues to be ahead of schedule. Our oversite engineer reports we are getting an excellent job. 4. Tank Tech -- We are working with Ardaman & Associates regarding the tank removal/ spillage issue at the City Barn. Funding applications have been ranked by DEP and we are not scheduled for funding at the current time. It still appears obligation will not exceed $10,000. 5. New Cars - New cars are switched over. Old cars have been prepared and delivered to our buyers. We anticipate a great deal more competition in selling next year's cars and the Chief and Captain are already gearing up. 6. Lawsuit - We have officially been served in the Pam Miller lawsuit. Through our liability insurance, we will be provided with attorney services. That attorney is Brian Walsh. Chief Davis and Patrolman Tarner have met with the attorney. I will keep you posted as this issue moves forward. 7. Safety Program - The Safety Manual has been prepared and is being reviewed by PRM. When approval is received, we will be able to move forward with the implementation of a new safety program. This program should help make the City's work environment safer and will qualify us for a reduction in our insurance rates (the same way implementing a drug -free program did). 2 DEPARTMENT SYNOPSIS PUBLIC WORKS 1. The Director of Public Works and the City Administrator met with our engineering consultants and an RFP containing the street project priorities of the City Council is being prepared. 2. Public Works is beginning site work on the new Police Station. CODE 1. One notice sent for a delinquent occupational license. ENFORCEMENT 2. One notice sent for not having garbage service. 3. It was decided complaints for parking commercial vehicles in residential areas would be handled by the Police Department. 4. Two notices were sent for overgrown grass and general cleaning of property. 5. Out of the twelve notices sent last month, all but one has acknowledged receipt of the notice and are in compliance. FIRE DEPARTMENT 1. Engine 5 has been repaired by Florida Detroit Diesel and is back in service. There is a considerable improvement in performance. 2. The no -burn ban has been lifted for the present time, but may go back into effect in the next couple of weeks. 3. Chief Tomey has been asked to sit on an Oral Review Board on April 23, 24 & 25 to interview applicants for several Lieutenant's positions in St. Lucie County. M DEPARTMENT I SYNOPSIS OUTSTANDING ISSUES - 1. Updating and modernization of City Ordinances - Code CITY ATTORNEY Book and LDR's; Telecommunications; Departments and Offices; Planning and Development; Streets and Sidewalks; Subdivision Regulations; Water and Sewer Regulations (The City Clerk has explored possibilities in this area as well.) 2. Adelphia Cable TV Franchise Agreement Renewal. ~ A Proposed franchise agreement is under review by the City Attorney. However, the new Communications Tax Law may significantly impact our existing and future Utility Franchise Agreements. 3. Waste Management regarding proposed changes in the Solid Waste Franchise Agreement - Attorney Cook and the Administrator met with Jeff Sabin of Waste Management and a new contract is being prepared for the Council's consideration. 4. Fire Hydrant Issue with the OUA - A joint meeting with the City Council, County Commission and OUA Board is being planned. 5. Grit Bankruptcy case - Legal action regarding GRIT and Bankruptcy Court is being pursued. We have obtained the services of a bankruptcy attorney. Attorney Cook is working closely with them. BOARD OF 1. Board of Adjustments tabled a variance for a sign located on ADJUSTMENTS 441 North. The legal is Lot 7, Block 58, City of Okeechobee. After it is posted with the sign for 15 days, the Board will hear the variance. The property owner is Beverly B. Martin. 2. The Land Planning Agency approved a Future Land Use map Change from Residential Single Family to Multi -Family. Property is located at 1114 SW 2nd Avenue and legally described as Lots 1, 2, 3, 4, 5 and 6, Block 15, South Okeechobee. Property owners are Gary Utt and Robert Cook. 4 DEPARTMENT 'SYNOPSIS OUTSTANDING 1. Modernize Code Enforcement Policies and Procedures ISSUES (Chief Tomey & Attorney Cook) 2. Enhanced 911 (City and County Staffl Long -Term: 1. Apply for CDBG Grant for continuation of Downtown Project. The City Administrator has had preliminary discussions with DCA. We may be a year or two away from the next phase of this project. 2. Address traffic congestion problems due to hurricane evacuations. - The City has been asked to participate in the planning of the widening of SR 70 in Okeechobee. 3. Adopt a 5 year program addressing growth, economic development, community development and organizational development. 4. Construction of bridge over Taylor Creek for access to City property - This is being addressed in conjunction with the Sheffield proposal.