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2016/2017 FY Contract $18,000CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Telephone: 863 - 763 -3372 Fax: 863 - 763 -1686 OCTOBER 1, 2016 TO: CAS Governmental Services, LLC P 0 Box 35 36910 3rd Street Canal Point, FL 33438 -0035 FROM: City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Letter of Understanding Relating to Revision of Compensation to Current Legislative Services Agreement This Letter of Understanding amends the compensation section of the existing City of Okeechobee (City) Agreement with CAS Governmental Services, LLC, (CAS) which will now include a `not -to- exceed' provision. The following is hereby agreed: Upon execution of this Letter of Understanding, the Compensation provision of the current agreement between the City and CAS shall be repealed and /or revised to incorporate a `not -to- exceed' provision wherein it is understood and agreed that CAS total billable expenses and retainer fees to the City for services rendered in the fiscal year October 1, 2016 through September 30, 2017 shall not exceed Eighteen Thousand Dollars ($18,000). All other aspects of the existing Agreement remain as agreed. FOR: CITY OF OKEECHOBEE S ature Marcos Montes De Oca City Administrator Printed Name & Title Date: (af Z //h FOR CAS Gover mental Services ez44,ii--/-fre---4 Signature Cccn�ss�� V c c P Printed Name & Title Date: C4S Governmental Services, l_lC "Communications Advocacy Services" Governmental — Legislative Services — Grants — Special Funding P.O. Box 35 • Canal Point, Florida 33438 -0035 Office 561.924.7702 • Fax 866.929.8006 October 21, 2016 Ms. Robin Brock City of Okeechobee 55 SE Third Avenue Okeechobee, Florida 34974 RE: Letter of Understanding Dear Ms. Brock: Thank you for forwarding the letter of understanding for our services from October 1, 2016 through September 30, 2017. Enclosed are two (2) executed originals for your use. Thank you, Sincerely, M. Dale Milita President Vice President M. Dale Milita Connie C. Vanassche 561.718.2100 561.512.0089 dmilitagovser @gmail.com ccvgovser @gmail.com ADDENDUM NO. 1 LEGISLATIVE SERVICES AGREEMENT BETWEEN THE CITY OF OKEECHOBEE AND CAS GOVERNMENTAL SERVICES, LLC THIS ADDENDUM to the contract for legislative services with CAS Governmental Services., LLC, dated this 1St day of November, 2016, and the terms herein are incorporated by reference and made a part of the renewal Letter of Understanding relating to revision of compensation to current legislative services agreement with the professional firm /contractor. 1. The legislature has amended Chapter 119 Florida Statutes, Section .0701 thereof, to expand the obligation of local government to include into all contracts certain language that relates to public records, which is made a part of this Contract. 9 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE CITY OF OKEECHOBEE AT: CITY CLERK'S OFFICE 55 S.E. 3RD Avenue Okeechobee, FL. 34972 (863) 763 -3372 ext. 215 !gam iotea @cityofokeechobee.com The contractor sha!l adhere to Florida public records laws, including the following: a. Keep and maintain public records required by the City to perform the services, and upon request of the custodian of records for the City, provide the City with a copy of the requested records or allow the records to be copied or inspected within a reasonable time at a cost that does not exceed the cost allowed in Chapter 119 or as otherwise provided by law. b. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this contract term and following ADDENDUM NO. 1 Page 1 of 3 completion of the contract if the contractor does not transfer the records to the City. c. Upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or thereafter keep and maintain public records required by the City to perform the service. If the contractor transfers all public records to the City upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request of the City Clerk, in a format that is compatible with the information technology systems of the City. 3. Noncompliance: a. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the contractor of the request, and the contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. A reasonable time is defined as within eight (8) business days. b. If the contractor does not comply with the request of the City for the records, the City shall enforce the contract provisions in accordance with the contract. c. If the contractor fails to provide the public records to the City within a reasonable time, the contractor may be subject to the penalties under Chapter 119.10. 4. Civil Action. a. If a civil action is filed against a contractor to compel production of public records relating to the City's contract for professional services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, If: 1) The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2) At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a ADDENDUM NO. 1 Page 2 of 3 statement that the contractor has not complied with the request, to the City and to the contractor. b. A notice complies with the above if it is sent to the custodian of public records for the City and to the contractor at the contractor's address listed on its contract with the City, or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. c. A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHERE OF, the CITY and the Professional have made and executed this Addendum to the Contract: AS TO THE CITY: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney AS TO THE PROFESSIONAL: L Ja�yi s E. Kirk, Mayor Date: November 1, 2016 Attt (Signature) yv1 , 0 A-ke_ \NN 1, Ores-11.A- (Printed Name & Title) Date: 1 I — -1 -1 (o ADDENDUM NO. 1 Page 3 of 3 c C 0 O 030 6 n -0. 0 - 0 m — 5- O_ x cn 3 S O 0 0- N . 6. co 0 0 Cf m a 0 C m m � N . 5 CO CL 5 9 CD a 3 ro c 0 -., vs 0 3 0_ (2.25 41 0 3 C- 0_ 0 0 ro x m 0 - O T 0 0 0- o_ v 0 co o O O 0 � C 0 D !n O 0 m c m m m v o v) ro ro < CD 0 N N 3 5D '0 0 *< ro 3 0 M m 0 0 ?�.c 3 o ca 0 ,`7 T o 0 c0 0 c 0 ro 0 co 0 0 0' 0 0 mz rn G CO =' ui 0 0 Z ' v' O CJ) O O U) c 0 C) cD O O o. 0'0 ` 0 0 0 m 4 ▪ D 0. 2 CD O o5- o- 3 w z o , Ca CD 0) '0 0 Co O • C N O.9 • n N cco m • 0. 0- 0 111 w (76 -0 > CD v o. o n.) O c < cn (0 n CD O C m < 0 no CA N n a0Qo0 n wn < 3_ 0 K 0 O N -. 0 0 c �- 0_ 3 CL -CS 0 3' 0 @ CD C'6" 0 c n 0 0 0 2 0 Cr Q S O 5 0 .A 6 a< co m ;_�• _ 3 .cn 0 0 ro o 3' 0 0 C. 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Q ''O -: • o N N 3 Cti Q Z (n O :17 'v'1 - to rii o D 0 CD -. = O a CO 1Qy CmnZ 0 = CD p- rn z < -4 rn Q 03 • 0- CD o_ 0 < ni rn .< ✓ 3 w 0- M0Z,n ==-i C3 "'I o- ' o Am -<rnz �Zrn sv -i n S--"' m CT‘-) K�nN =10- -I co m s -< r- 2a �C XI -< S JO g3OVd-ON Exhibit 3 Nov 1, 2016 ADDENDUM NO. 1 LEGISLATIVE SERVICES AGREEMENT BETWEEN THE CITY OF OKEECHOBEE AND CAS GOVERNMENTAL SERVICES, LLC THIS ADDENDUM to the contract for legislative services with CAS Governmental Services., LLC, dated this 1st day of November, 2016, and the terms herein are incorporated by reference and made a part of the renewal Letter of Understanding relating to revision of compensation to current legislative services agreement with the professional firm /contractor. 1. The legislature has amended Chapter 119 Florida Statutes, Section .0701 thereof, to expand the obligation of local government to include into all contracts certain language that relates to public records, which is made a part of this Contract. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE CITY OF OKEECHOBEE AT: CITY CLERK'S OFFICE 55 S.E. 3RD Avenue Okeechobee, FL. 34972 (863) 763 -3372 ext. 215 !gam iotea @cityofokeechobee.com 2. The contractor shall adhere to Florida public records laws, including the following: a. Keep and maintain public records required by the City to perform the services, and upon request of the custodian of records for the City, provide the City with a copy of the requested records or allow the records to be copied or inspected within a reasonable time at a cost that does not exceed the cost allowed in Chapter 119 or as otherwise provided by law. b. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this contract term and following ADDENDUM NO. 1 Page 1 of 3 completion of the contract if the contractor does not transfer the records to the City. c. Upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or thereafter keep and maintain public records required by the City to perform the service. If the contractor transfers all public records to the City upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request of the City Clerk, in a format that is compatible with the information technology systems of the City. 3. Noncompliance: a. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the contractor of the request, and the contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. A reasonable time is defined as within eight (8) business days. b. If the contractor does not comply with the request of the City for the records, the City shall enforce the contract provisions in accordance with the contract. c. If the contractor fails to provide the public records to the City within a reasonable time, the contractor may be subject to the penalties under Chapter 119.10. 4. Civil Action. a. If a civil action is filed against a contractor to compel production of public records relating to the City's contract for professional services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, If: 1) The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2) At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a ADDENDUM NO. 1 Page 2 of 3 statement that the contractor has not complied with the request, to the City and to the contractor. b. A notice complies with the above if it is sent to the custodian of public records for the City and to the contractor at the contractor's address listed on its contract with the City, or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. c. A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHERE OF, the CITY and the Professional have made and executed this Addendum to the Contract: AS TO THE CITY: ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney AS TO THE PROFESSIONAL: Date: November 1, 2016 (Signature) (Printed Name & Title) Date: ADDENDUM NO. 1 Page 3 of 3 Craig A. Smith & Associates 1000 W. McNab Road, Suite 200 Pompano Beach, FL 33069 This Agreement is by and between the City of Okeechobee, Florida, hereinafter referred to as the "CITY" and the consulting firm, Craig A. Smith & Associates, hereinafter referred to as "CAS ". Whereas, the CITY seeks to engage the services of an individual or firm to seek, write and administer grants and special Legislative Appropriation Funding. This service will be with respect to grants, special funding and /or appropriations relating to the City of Okeechobee, Florida. Whereas, the CITY voted in an official meeting of the Okeechobee City Council to contract the professional services of Craig A. Smith & Associates to seek and administer special funding projects relating to services and improvements in the City of Okeechobee, Florida. SERVICES: CAS will provide the following services: Research potential grants, write grants and administer grants. Provide information and data to Federal, State and Regional agencies; Prepare appropriate draft cooperative agreements for agencies involved and for review by the CITY; Provide appropriation language and, as may be needed, work with CITY staff; Attend and provide testimony at appropriate Tallahassee subcommittee meetings; Attend and provide testimony at appropriate Tallahassee committee hearings; Coordinate and solicit support from legislators and appropriate state agencies; Report findings to the CITY; Make necessary reports to appropriate Federal, State and Regional agencies; Administer the program /project and prepare and submit close -out documents as necessary and directed. COMPENSATION: CAS shall receive an annual retainer fee of $10,000.00 to be paid upon invoice, CAS shall also invoice the CITY for normal out -of- pocket expenses and hourly rate fees for time worked and other pass- through charges normally associated with these duties. The hourly rate will be $100.00 per hour. Craig A. Smith & Associates agrees that it will divide costs for "similar and alike" services among the clients represented using "similar and alike" services, for charges incurred in this section. _ The CAS Administration fee will be 4.5% based on the funding amount obtained and /or value gained for the CITY. CAS is not due any Administration Fee unless the grant, appropriation or special funding project is approved. After the special funding project is approved, and appropriate fund acquisition contracts are approved and acceptable to the CITY, CAS may invoice the CITY for the amount due. The CITY agrees to make payment within thirty (30) days of CAS invoicing. CRAIG A. SMITH & ASSOCIATES 7777 Glades Road - Suite 410 - Boca Raton, Florida 33434 CONSULTING ENGINEERS • SURVEYORS • UTILITY LOCATORS • GRAM SPECWISTS July 7, 2011 Mr. Brian Whitehall, City Administrator 55 SE Third Avenue Okeechobee City Okeechobee, Florida 34974 W W W. C R A I G A S M I T H. C O M RE: Assignment of Governmental Services Division Contract Dear Mr.: Whitehall: Craig A. Smith & Associates, Inc. thanks you for allowing us to provide Governmental Services for the City of Okeechobee. We would appreciate your considerations in assigning the Governmental Services contract to a new entity, CAS Governmental Services, LLC. There will be virtually no change in services except that this firm is an LLC and will no longer be directly connected to the professional engineering firm of which I am President. The long and successful governmental services that has been in place will continue with the same legislative team, Dale Milita as President, Ken Grimes and Connie Vanassche as Vice Presidents. It will be greatly appreciated if you will allow this assignment procedure as may be provided for in the present contract. Sincerely, t3 n R. Schriner, P.E. EA' President cc: M. Dale Milita CAS Governmental Services, LLC Approved 9 5 4 . 7 8 2 . 6 2 2 2 5 6 1. 7 9 1. 9 2 8 0 9 5 4. 7 8 6. 8 9 2 7 P h on e F a x 5 6 1 . 3 1 4 . 4 4 5 3 3 0 5. 4 6 1. 4 4 1 0 5 6 1. 7 9 1. 9 8 1 8 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Telephone: 863 - 763 -3372 Fax: 863 -763 -1686 OCTOBER 1, 2016 TO: CAS Governmental Services, LLC P 0 Box 35 36910 3rd Street Canal Point, FL 33438 -0035 FROM: City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Letter of Understanding Relating to Revision of Compensation to Current Legislative Services Agreement This Letter of Understanding amends the compensation section of the existing City of Okeechobee (City) Agreement with CAS Governmental Services, LLC, (CAS) which will now include a 'not -to- exceed' provision. The following is hereby agreed: Upon execution of this Letter of Understanding, the Compensation provision of the current agreement between the City and CAS shall be repealed and /or revised to incorporate a `not -to- exceed' provision wherein it is understood and agreed that CAS total billable expenses and retainer fees to the City for services rendered in the fiscal year October 1, 2016 through September 30, 2017 shall not exceed Eighteen Thousand Dollars ($18,000). All other aspects of the existing Agreement remain as agreed. FOR: CITY • F OKEECHOBEE FOR: CAS Governmental Services ature Marcos Montes De Oca City Administrator Printed Name & Title Date: /o/ Z Signature Printed Name & Title Date: l7 (96/6 1 City of Okeechobee Office of the City Clerk November 2, 2016 Mr. M. Dale Milita CAS Governmental Services, LLC Post Office Box 35 36910 Third Street Canal Point, Florida 33438 -0035 RE: Addendum No. 1 to the renewal contract for Legislative Services Dear Mr. Milita: The Letter of Understanding Relating to Revision of Compensation to Current Legislative Services Agreement was approved by the Mayor and City Council at the November 1, 2016, Regular Meeting. Additionally, Addendum No. 1 to the original contract was prepared by City Attorney John Cook, due to recent changes and requirements of F.S. 119, and also approved. Enclosed, please find two original copies of Addendum No. 1 executed by City Officials. Kindly, return one original, after appropriate execution, to the Office of the City Clerk, 55 SE 3rd Avenue, Okeechobee, FL 34974. As soon as the November 1, 2016, minutes are approved, a copy will be forwarded for your records. Should you require any additional information, please contact my office at Igamiotea @cityofokeechobee.com or (863) 763 -3372 ext. 215. With best regards, I am Sincerely, G Lane Gami tea, CMC City Clerk Enclosures LG /bj E -copy w/o enclosures: City Administrator Montes De Oca 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1 686 Bobbie Jenkins From: Bobbie Jenkins Sent: Tuesday, December 27, 2016 11:56 AM To: Marcos Montes De Oca; India Riedel Cc: Lane Gamiotea Subject: CAS Governmental Services Contract Attachments: 2016_2017 FY Contract $18,000.pdf Attached is a copy of the executed contract for CAS Governmental Services. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1 686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1