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CITY OF OKEECHOBEE
JANUARY 17, 2017, REGULAR CITY COUNCIL MEETING
55 SE 3RD AVENUE * COUNCIL CLAMBERS * OKEECHOBEE, FL 34974
SUMMARY OF COUNCIL ACTION
PAGE 1 OF 7
11 AGENDA 11 COUNCIL ACTION - DISCUSSION - VOTE 11
CALL TO ORDER a Mayor
January 17, 2017, City Council Regular Meeting, 6:00 P.M.
Ii. OPENING CEREMONIES:
Invocation to be given by Father
Allegiance led by Mayor Watford.
Jim Shevlin, Church of Our Saviour; Pledge of
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk
Mayor Dowling R. Watford, Jr.
Council Member Noel A. Chandler
Council Member Monica M. Clark
Council Member Mike O'Connor
Council Member Gary Ritter
City Attorney John R. Cook
City Administrator Marcos Montes De Oca
City Clerk Lane Gamiotea
Deputy City Clerk Bobbie Jenkins
Fire Chief Herb Smith
Police Chief Bob Peterson
Public Works Director David Allen
IV, AGENDA AND PUBLIC COMMENTS - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's
agenda.
B. Public participation for any issues not on the agenda - Agenda Item Form
or Comment Card is required. Citizen comments are limited to 3 minutes
per speaker unless otherwise approved by the Mayor.
Mayor Watford called the January 17, 2017, Regular City Council Meeting to order at 6:00 P.M.
In the absence of Father Jim Shevlin, the invocation was offered by Ms. Nancy Fletcher, Children's Ministry Director
of First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford.
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Mayor Watford asked whether there were any additions, deferrals, or withdrawals on today's agenda. Council
Member O'Connor asked that New Business Item A be postponed until Mr. Goodbread could arrive; he had a family
emergency.
Mayor Watford explained the new agenda format, which now includes a section for public comment on issues not on
the agenda. Anyone wishing to address the Council will need to complete a comment card, provided next to the
agendas by the doorway, and turn the card into the City Clerk before the meeting begins.
JANUARY 17, 2017 - REGULAR MEETING - PAGE 2 OF 7
II AGENDA II COUNCIL ACTION - DISCUSSION • VOTE II
ce
IV. AGENDA AND PUBLIC COMMENTS CONTINUED
B. Public participation continued.
V. PROCLAMATIONS AND PRESENTATIONS - Mayor
A. Promotion of Police Sergeant Justin Bernst to Police Lieutenant
VL MINUTES - City Clerk
A. Motion to dispense with the reading and approve the Summary of Council
Action for the meetings of December 13, 2016, and January 3, 2017.
VII. WARRANT REGISTER - City Administrator
A. Motion to approve the December 2016 Warrant Register:
General Fund..........................................................................$399,240.46
Public Facilities Improvement Fund ........................................$ 25,140.76
Capital Improvement Projects Fund ........................................$ 6,857.68
Law Enforcement Special Fund ..............................................$ 50.00
Mr. Blair Kuhlewind, owner of Fifth Street Pharmacy stated on December 20, 2016, his business was victim to an
armed robbery. He thanked Officer Kelly Margerum and the City Police Department for their quick response to the
scene. He continued, our City is facing a larger problem, moral decline, which is then in turn escalating crime and
drug addiction. These problems are being felt nationally and globally. He distributed a paper titled 21 Suggestions
for Success by H. Jackson Brown, Jr. Mr. Kuhlewind believes that with assistance from everyone, including the City,
perpetuating virtue will help increase morality, therefore decreasing crime and drug addiction. Mayor Watford
thanked Mr. Kuhlewind for his presentation and assured him that many civic organizations within our community are
working towards solutions for these problems and that the literature should also be shared with them.
Ms. Jennifer Tewksbury, Executive Director on behalf of the Economic Council of Okeechobee, extended
appreciation for the City's continuous work on downtown beautification projects and for offering a public comments
section on the agendas.
Police Sergeant Justin Bernst joined Chief Peterson and Major Hagan at the podium where Sergeant Bernst's
promotion to Lieutenant was announced. He was pinned with his Lieutenant badge by his wife, Mrs. Beverly Bernst,
and accompanied by his mother and step -father, Peggy and Rannon Simmons, as well as his aunt, Nancy Fletcher.
Lieutenant Bernst expressed his appreciation to the Council for their trust in Chief Peterson and now in him. The
Mayor and Council extended their congratulations.
Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the
meetings of December 13, 2016, and January 3, 2017; seconded by Council Member Clark. There was no
discussion on this item.
VOTE:
WATFORD — YEA s CHANDLER — YEA CLARK ® YEA
O'CONNOR ® YEA RITTER m YEA MOTION CARRIED.
Council Member Ritter moved to approve the December 2016 Warrant Register in the amounts: General Fund, three
hundred ninety-nine thousand, two hundred forty dollars and forty-six cents ($399,240.46); Public Facilities
Improvement Fund, twenty-five thousand, one hundred forty dollars and seventy-six cents ($25,140.76); Capital
Improvement Projects Fund, six thousand, eight hundred fifty-seven dollars and sixty-eight cents ($6,857.68); and
Law Enforcement Special Fund, fifty dollars and zero cents ($50.00); seconded by Council Member Chandler. There
was no discussion on this item.
JANUARY 17, 2017 - REGULAR MEETING - PAGE 3 OF 7
AGENDA
VII. WARRANT REGISTER - City Administrator
A. Motion to approve the December 2016 Warrant Register continued.
Vill. NEW BUSINESS
A.1.a) Motion to read proposed Ordinance No. 1149 by title only and set
February 7, 2017, as a Final Public Hearing date for Rezoning Petition
No. 16-005-R, Lots 6 through 10 of Block 58, CITY OF
OKEECHOBEE, from Industrial (IND) to Heavy Commercial (CHV) -
City Planning Consultant (Exhibit 1).
b) Vote on motion to read by title only and set Final Public Hearing date.
c) City Attorney to read proposed Ordinance No. 1149 by title only
2.a) Motion to approve the First Reading of proposed Ordinance No. 1149
b) Public comments and discussion.
c) Vote on motion.
COUNCIL ACTION - DISCUSSION - VOTE
VOTE:
WATFORD — YEA CHANDLER — YEA CLARK — YEA
O'CONNOR — YEA RITTER — YEA MOTION CARRIED.
Motion and second by Council Members O'Connor and Ritter to read proposed Ordinance No. 1149 by title only,
and set February 7, 2017, as a Final Public Hearing date for Rezoning Petition No. 16-005-R, Lots 6 through 10 of
Block 58, CITY OF OKEECHOBEE, from Industrial (IND) to Heavy Commercial (CHV).
VOTE:
WATFORD — YEA CHANDLER — YEA CLARK — YEA
O'CONNOR — YEA RITTER — YEA MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 1148 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY
REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL
TO HEAVY COMMERCIAL ZONING DISTRICT (PETITION NO. 16-005-R); AMENDING THE ZONING MAP
ACCORDINGLY, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN
EFFECTIVE DATE."
Motion and second by Council Members O'Connor and Clark to approve the First Reading of proposed Ordinance
No. 1149.
Planner Brisson presented the petition information, explaining that the request is to rezone Lots 6 through 10 of
Block 58, CITY OF OKEECHOBEE, from IND to CHV for the purpose of outdoor sales and storage. The Planning
Board recently reviewed the request and found it to be consistent with the Comprehensive Plan and recommends
approval. Mr. Mark Goodbread was present on behalf of the property owners. There being no further discussion
offered by the Council or the public, Mayor Watford called for a vote.
VOTE:
WATFORD — YEA CHANDLER — YEA CLARK — YEA
O'CONNOR — YEA RITTER — YEA MOTION CARRIED.
JANUARY 17. 2017 - REGULAR MEETING a PAGE 4 OF 7
91
F-ITO Alk �1
Vill. NEW BUSINESS CONTINUED
B. Motion to approve a purchase through the Florida Sheriff's Association
Vehicle Bid Process in the amount of $21,099.00 for a 2017 Dodge
Charger - City Administrator (Exhibit 2).
C. Motion to approve the purchase and installation of equipment in the
amount of $2,142.00 for the new 2017 Dodge Charger - City
Administrator (Exhibit 3).
D. Motion to approve proposed Florida Department of Environmental
Protection Agreement No. NS018, Okeechobee Centennial Park
(Water Quality Improvement) - City Administrator (Exhibit 4).
COUNCIL ACTION - DISCUSSION - VOTE
Motion and second by Council Members O'Connor and Chandler to approve a purchase through the Florida
Sheriff's Association Vehicle Bid Process in the amount of $21,099.00 for a 2017 Dodge Charger.
Administrator MontesDeOca explained this item is combined with Item C below and that in October, 2016, the
Council approved the purchase of police cars. The reason for the additional purchase is the truck previously used by
Chief Davis has been transferred to the Public Works Department, removing the purchase of a new truck from the
Public Works Budget.
WATFORD — YEA
O'CONNOR — YEA
VOTE:
CHANDLER — YEA
RITTER — YEA
CLARK — YEA
MOTION CARRIED.
Motion and second by Council Members O'Connor and Ritter to approve the purchase and installation of equipment
in the amount of $2,142.00 for the new 2017 Dodge Charger. This item is combined with Item B above. There was a
brief discussion on this item.
WATFORD — YEA
O'CONNOR — YEA
VOTE:
CHANDLER — YEA
RITTER — YEA
CLARK — YEA
MOTION CARRIED.
Motion and second by Council Members O'Connor and Ritter to approve proposed State of Florida Department of
Environmental Protection (FDEP) Division of Water Restoration Assistance Grant Agreement No. NS018 (pursuant
to Line Item 1641 of the Fiscal Year 2015-16 General Appropriations Act), for the Okeechobee Centennial Park
Water Quality Improvement Project.
The projected amount of the Water Quality Improvement Project is $367,260.00 with a maximum of $183,630.00
cost -reimbursement (or 50 percent) from the FDEP Water Restoration Assistance Grant. The project location is 701
Southeast 6th Avenue (1.950 unplatted acres).
The project is described as follows: The City intends to upgrade the existing stormwater infrastructure with proposed
improvements consisting of the construction of a 4-foot by 8-foot nutrient separating baffle box, bio-swale, removal
and replacement of stormwater pipe (all subject to final engineering design). In addition to reducing nutrient loads
from existing residential runoff into the Taylor Creek Watershed, the project will reduce the amount of nutrient loads
from the new community park. Runoff from surrounding yards and recreation fields will be treated on -site with a
grassy swale infiltration system and then a nutrient separating baffle box, allowing time for nutrients to be filtered out
of the runoff water through percolation instead of flowing directly into the creek. The existing outfall culvert located
under the wastewater master lift station will be taken out of service. The time period for this project begins upon
execution of contract and ends February 1, 2019.
92 JANUARY 17, 2017 -REGULAR MEETING -PAGE 5 OF 7
II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II
VIII. NEW BUSINESS CONTINUED
D. Motion to approve proposed Agreement No. NS018 continued
E. Motion to approve proposed South Florida Water Management District
Agreement No. 4600003556, Okeechobee Centennial Park
(Stormwater Drainage Construction) - City Administrator (Exhibit 5).
F. Consider a request to extend the hours of alcohol sales - Anita Nunez
(Exhibit 6).
Administrator MontesDeOca explained Staff is waiting for one set of plans from Culpepper & Terpening (City
Consulting Engineer) to send the project out for bid. Council Member Ritter asked questions relating to Tasks 4 and
5; it was explained the contractor would be responsible for these items relating to monitoring and quality control.
However, in questioning how Task 6, Public Education, would be handled, Administrator MontesDeOca responded
he would verify whether having signage on the site was sufficient.
VOTE:
WATFORD — YEA CHANDLER — YEA CLARK — YEA
O'CONNOR — YEA RITTER — YEA MOTION CARRIED.
Motion and second by Council Members Ritter and O'Connor to approve proposed South Florida Water
Management District (SFWMD) Local Governmental Agreement No. 4600003556 for the Okeechobee Centennial
Park Stormwater Drainage Construction.
The projected amount of the Stormwater Drainage Construction is $250,000.00 with a maximum of $175,000.00
cost -reimbursement from the SFWMD. The project location is 701 Southeast 6th Avenue (1.950 unplatted acres).
The project is described as follows: The City shall construct a 4-foot by 8-foot nutrient separating baffle box,
bio-swale, removal and replacement of a storm water pipe. The time period given under this agreement is from
October 1, 2016, to October 31, 2018.
Council Member Ritter expressed his excitement on getting the Centennial Park Project moving. This grant and the
previous one were applied for by City Staff.
WATFORD — YEA
O'CONNOR — YEA
VOTE:
CHANDLER —YEA
RITTER — YEA
CLARK — YEA
MOTION CARRIED.
Ms. Anita Nunez recently acquired the restaurant, Parrott Island Grill, located at 1001 South Parrott Avenue, and
requested the City Council consider amending Chapter 6 of the Code of Ordinances to allow for the sale of alcohol
on Sundays starting at 11:00 a.m. She explained that City businesses are losing patrons on Sundays to those
outside the City Limits as the County allows liquor, beer, and wine sales on Sundays starting at 1:00 p.m.
Section 6-1 of the Code of Ordinances states the following: (a) Sale of liquor prohibited on Sunday. Except as
otherwise provided in this section, it shall be unlawful for any person holding an alcoholic beverage license from the
state division of alcoholic beverages and tobacco to serve, to sell, or cause to be sold, or to permit the sale, service
or consumption of liquor, as defined in Florida Statute Chapter 565, but excluding beer and wine, between 2:00 a.m.
Sunday, and 7:00 a.m. Monday.
JANUARY 17. 2017 - REGULAR MEETING - PAGE 6 OF 7
93
AGENDA
Vill. NEW BUSINESS CONTINUED
F. Consider a request to extend the hours of alcohol sales continued
COUNCIL ACTION - DISCUSSION - VOTE
(b) Sale of beer and wine limited on Sunday. Except as otherwise provided in this section, it shall be unlawful for
any person holding an alcoholic beverage license from the state division of alcoholic beverages and tobacco to
serve, to sell, or cause to be sold, or to permit the sale, service or consumption of beer, as defined in Florida Statute
Chapter. 563, or wine as defined in Florida Statute Chapter 564, between 2:00 a.m. Sunday, and 1:00 p.m. Sunday.
(c) Hours for sale of all alcoholic beverages. Except as otherwise provided in this section, it shall be unlawful for any
person holding an alcoholic beverage license from the state division of alcoholic beverages and tobacco to serve or
sell, or cause to be sold or consumed, or to permit the sale or consumption of any alcoholic beverage between the
hours of 2:00 a.m. and 7:00 a.m., Monday through Saturday; providing for clarification that any alcoholic beverage
may also be sold from 7:00 a.m. Saturday and 2:00 a.m. Sunday, and beer and wine may be sold on Sunday
between the hours of 1:00 p.m. and 12:00 midnight.
(d) Certain Sunday holiday sales permitted. If the holidays of New Year's Eve, New Year's Day, or the Fourth of July
were to fall on a Sunday in any calendar year, any person holding an alcoholic license from the state division of
alcoholic beverages and tobacco may, at their option, remain open for the sale of any beer and wine permitted by
such license until 2:00 a.m. on Monday morning following such Sunday holiday.
Council Member Chandler recommended the Council not change the regulations citing the City fathers made these
laws for a reason. Council Member Clark researched surrounding County regulations and suggested issuing permits
for businesses to sell liquor on special occasions. Council Member Ritter disagreed stating his responsibility as a
Council Member is to ensure that City businesses are successful; changing the Code to allow liquor sales on
Sunday will do just that and recommended changing the Code. Council Member O'Connor agreed.
Mr. Tommy Hoover, owner of Kahootz Drafthouse, 702 Northwest Park Street, asked the Council to consider the
wording of the ordinance, being that how alcohol is sold is based on the type of license a business is issued by the
State of Florida. For example, will package stores be included in Sunday sales.
Ms. Courtney Lapp, owner of Tin Fish, 301 North Parrott Avenue, stated her support for the sale of liquor on
Sundays. Ms. Julia Parker, a local Real Estate Agent, expressed her support of the change stating potential
business owners have purchased outside the City due to the restriction.
Since there was a consensus of the Council to consider amending the alcohol sales restrictions, Mayor
Watford instructed Attorney Cook and Administrator MontesDeOca to draft a proposed ordinance to bring
back to the Council. He further suggested those who addressed the Council supporting the amendment should
attend the meetings when this is considered.
M
JANUARY 17, 2017 - REGULAR MEETING - PAGE 7 OF 7
AGENDA
VIII. NEW BUSINESS CONTINUED
COUNCIL ACTION - DISCUSSION - VOTE
G. Motion to approve amended budget for 2016-2017 - Finance Director Administrator MontesDeOca stated the purpose for the budget amendment is to reflect the two grants approved
(Exhibit 7). earlier. However, when Mayor Watford questioned which funds and line items would be impacted, it was discovered
that the materials in Exhibit 7 were not correct. The item was deferred for action to the February 7, 2017, meeting
and the correct materials will be provided.
IX. ADJOURNMENT - Mayor There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 7:03 P.M. The
Please take notice and be advised that when a person decides to appeal any decision made by the City Council with next regular scheduled meeting is February 7, 2017.
respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding
is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are
for the sole purpose of backup for official records of the Clerk.
ATTEST:
R
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Lane 6amiotea,,C.MQJ City Clerk
O /-
Dowling R. Watford, Jr., Mayor
1 1
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STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the Publisher of the Okeechobee
News, a three times a week Newspaper published at Okeechobee,
in Okeechobee County, Florida, that the attached copy of
advertisement being a
in the matter of
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in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
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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 f )r publication in the said newspaper.
Katrina Elsken
Sworn to andqubscribe fore me this _
day of L col 7 AD
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Notary Public, State of Florida at Large
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ANGIE BRIDGES
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MY COMMISSION # FF 976149
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EXPIRES:AprI20202o
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Thn1 Notary Public UndwvMtm
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Okeechobee News `
107 SW 17th Street, Suite D
Okeechobee, Florida 34974''
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863-763-313�
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CITY COUNCIL MEETING
:E IS HEREBY GIVEN that the Gty Council for the City
10bee will conduct a regular meeting on Tues, Jan. 17, 20:
or as soon thereafter as possible, at Gty Hall, 55 SE 3rd A
0, Okeechobee, FL The public is invited and encouraged to
the agenda may be obtained from cityofokeechobee.com or
the Office of the City Administrator, 8663-763-3372 x212.
ANY PERSON DECIDING TO APPEAL any decision made by
City Council with respect to any matter considered at this meeting
need to ensure a verbatim record of the proceeding is made and
record includes the testimony and evidence upon which the apl
will be based. In accordance with the Americans with Disabilities
(ADA), any person with a disability as defined by the ADA, that ne
special accommodation to participate in this proceeding, contact
Gty Clerk's Office no later than two business days prior to prorx
ing, 863-763-3372.
BE ADVISED that should you intend to show any down
video or items to the Council in support or opposition to
the agenda a copy of the document, idure, video, or
be provide�to the City Clerk for the Gty�s records.
8yy: Mayor Dowlinngg R. Watford, Jr.
478994 ON 1/111 017
CITY OF OKEECHOBEE
55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974
JAN UARY 17, 2017
REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 1 OF 3
I. CALL TO ORDER— Mayor: January 17, 2017, City Council Regular Meeting, 6.00 p.m.
II. OPENING CEREMONIES: Invocation given by Jim Shevlin, Church of Our Saviour;
Pledge of Allegiance led by Mayor
III. COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk
Mayor Dowling R. Watford, Jr.
Council Member Noel Chandler
Council Member Monica Clark
Council Member Mike O'Connor
Council Member Gary Ritter
Administrator Marcos Montes De Oca
Attorney John R. Cook
Clerk Lane Gamiotea
Deputy Clerk Bobbie Jenkins
Fire Chief Herb Smith
Police Chief Bob Peterson
Public Works Director David Allen
IV. AGENDA AND PUBLIC COMMENTS — Mayor
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
B. Public participation for any issues not on the agenda — Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per
speaker unless otherwise approved by the Mayor.
1. Blair Kuhlewind
January 17, 2017 PAGE 2 of 3
V. PROCLAMATIONS AND PRESENTATIONS — Mayor
A. Promotion of Police Sgt. Justin Bernst to Police Lieutenant.
VI. MINUTES — City Clerk
A. Motion to dispense with the reading and approve the Summary of Council Action for the December 13, 2016 and January 3, 2017 regular meetings.
VII. WARRANT REGISTER — City Administrator
A. Motion to approve the December 2016 Warrant Register.
General Fund $399,240.46
Public Facilities Improvement Fund $ 25,140.76
Capital Improvement Projects Fund $ 6,857.68
Law Enforcement Special Fund $ 50.00
VIII. NEW BUSINESS
A.1.a) Motion to read proposed Ordinance No. 1149 by title only and set February 7, 2017 as a final public hearing date for Rezoning Petition No. 16-005-R,
Lots 6-10 of Block 58, CITY OF OKEECHOBEE, from IND to CHV — City Planning Consultant (Exhibit 1).
b) Vote on motion to read by title only and set final public hearing date.
c) City Attorney to read proposed Ordinance No. 1149 by title only.
2.a) Motion to approve the first reading of proposed Ordinance No. 1149.
b) Public comments and discussion.
c) Vote on motion.
January 17, 2017 PAGE 3 of 3
VIII. NEW BUSINESS CONTINUED
B. Motion to approve a purchase through the Florida Sheriff's Association Vehicle Bid Process in the amount of $21,099.00 for a 2017 Dodge Charger — City
Administrator (Exhibit 2).
C. Motion to approve the purchase and installation of equipment in the amount of $2,142.00 for the new 2017 Dodge Charger — City Administrator (Exhibit 3).
D. Motion to approve proposed FDEP Agreement No. NS018, Okeechobee Centennial Park (Water Quality Improvement) — City Administrator (Exhibit 4).
E. Motion to approve proposed South Florida Water Management District Agreement No. 4600003556, Okeechobee Centennial Park
(Stormwater Drainage Construction) — City Administrator (Exhibit 5).
F. Consider a request to extend the hours of alcohol sales — Anita Nunez (Exhibit 6).
G. Motion to approve amended budget for 2016-2017 — Finance Director (Exhibit 7).
IX. 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 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, January 17, 2017 Meeting Minutes taken during the meeting by'W
I. CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on January 17, 2017, at
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 Father Jim Shevlin of the Church of Our Saviour; the Pledge of
Allegiance was led by Mayor Watford.
MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk
Mayor Dowling R. Watford, Jr.
Present
7Council Member Noel Chandler
Present.
_�'Gouncil Member Monica Clark
Abseet—
Council Member Mike O'Connor
Present
Council Member Gary Ritter
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 Bob Peterson
Present
Fire Chief Herb Smith
Present
Public Works Director David Allen
Present
IV. AGENDA AND PUBLIC COMMENTS - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
Mo- Ru d ea-,� c �r P\ojW_.. 4oedl.WW , nee& 4D mere P� c:OA � �
B. Mayor Watford opened the floor for public participation for any issues not on the agenda. An agenda item form or
comment card is required; citizen comments are limited to 3 minutes per speaker unless otherwise approved by the
Mayor.
1. Blair Kuhlewind tom..
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V. PRESENTATIONS AND PROCLAMATIONS — Mayor
A. Promotion of Sgt. Justin Bernst to Police Lieutenant.�Ob-
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VI. MINUTES — City ClerkA��
A. Council Member �, moved to dispense with the reading and approve the Summary of Council Action for
the meetings of December 13, 2016, and January 3, 2017; seconded by Council Member
Discussion: C,4t)c-p
VOTE:
WATFORD — YEA CHANDLER — YEA CLARI — YEA
O'CONNOR — YEA RITTER — YEA TION CARRIE
VII. WARRANT REGISTER -.City Administrator
A. Council Member moved to approve the December 2016 Warrant Register in the amounts: General Fund,
three hundred ninety-nine thousand, two hundred forty dollars and forty-six cents ($399,240.46); Public Facilities
Improvement Fund, twenty-five thousand, one hundred forty dollars and seventy-six cents ($25,140.76); Capital
Improvement Projects Fund, six thousand, eight hundred fifty-seven dollars and sixty-eight cents ($6,857.68); and
Law Enforcement Special Fund, fifty dollars and zero cents ($50.00); seconded by Council Member
Discussion:o�►ti�
VOTE:
WATFORD — YEA CHANDLER — YEA CLARK — YEA
O'CONNOR — YEA RITTER — YEA C MOTIONION CARRIR >
Vill. NEW BUSINESS
A.1.a) Motion and second by Council Members Il X and to read proposed Ordinance No. 1149 by title only and set
February 7, 2017, as a Final Public Hearing date for Rezoning Petition No. 16-005-R, Lots 6-10 of Block 58, CITY OF
OKEECHOBEE, from IND to CHV (exhibit 1).
b) Vote on motion to read by title only.
VOTE:
WATFORD — YEA CHANDLER — YEA
O'CONNOR — YEA RITTER — YEA
Page 3 of 10
CLARK — YEA
�MQTf6�l AR
VIII. NEW BUSINESS
A.1.c) Attorney Cook read proposed Ordinance No. 1148 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY
REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL TO
HEAVY COMMERCIAL ZONING DISTRICT (PETITION NO. 16-005-R); AMENDING THE ZONING MAP
ACCORDINGLY, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE
DATE."
2.a) Motion and second by Council Members /P C and /�`� L to approve the first reading of proposed Ordinance No.
1149.
b) Public comments and discussion.
�
(fY1aAt bOeJ�UO-4
4p&
BUJ-4� MB- Pam, ,(b,' (/V-� ,
c) Vote on motion.
VOTE:
WATFORD — YEA CHANDLER — YEA
O'CONNOR — YEA RITTER — YEA
Page 4 of 10
CL
MOTION CARRIED.
B. Motion and second by Council MembersP6 andhll --to approve a purchase through the Florida Sheriffs Association
Vehicle Bid Process in the amount of $21,099.00 for a 2017 Dodge Charger (exhibit 2).
Dw, - w4� �
lVt � 0, Cans hvK.�' w7 �e�- C - �n Q''�-� ��n- �t (flu ov-
VOTE:
WATFORD — YEA CHANDLER — YEA �.LA'Rk Y�
O'CONNOR — YEA RITTER — YEA OTION CARRIED.
C. Motion and second by Council Members AC, and -' to approve the purchase and installation of equipment in the amount
of $2,142.00 for the new 2017 Dodge Charger (exhibit 3).
-6 cwv 0�zvevta a460-u -
VOTE:
WATFORD — YEA CHANDLER — YEA CLA
O'CONNOR — YEA RITTER — YEA M0 10N CARRIED.
Page 5 of 10
D. Motion and second by Council Members M0 and to approve proposed State of Florida Department of Environmental
Protection Division of Water Restoration Assistance Grant Agreement No. NS018 pursuant to line item 1641 of the FY 15-16
General Appropriations Act, for the Okeechobee Centennial Park Water Quality Improvement Project. (exhibit 4)
Amount: $367,260.00 with a maximum of $183,630.00 cost -reimbursement (or 50%)
Location: 701 SE 6th Avenue (1.950 unplatted acres) Period: begin upon execution until February 1, 2019
Project Description: The Grantee intends to upgrade the existing stormwater infrastructure with proposed stormwater
improvements consisting of construction of a 4'x8' nutrient separating baffle box, bioswale, removal and replacement of
stormwater pipe (all subject to final engineering design). In addition to reducing nutrient loads from existing residential
runoff into the Taylor Creek watershed system, the project will reduce the amount of nutrient loadings from the
proposed new community park. Runoff from surrounding yards and recreation fields will be treated on -site at the new
park with a grassy swale infiltration system and then a nutrient separating baffle box, allowing time for nutrients to be
filtered out of the runoff water through percolation instead of directly flowing to impaired watersheds. The existing outfall
culvert located under the sanitary lift station site will be taken out of service as part of the project.
Discussion: -FF Q 5d7� n,�Q�, f
too-
c(c) m one' 7 t'nJ
o4l
do
Pod
64
wv) - -F'le do -bit
�ot4
VOTE:
WATFORD — YEA CHANDLER — YEA
O'CONNOR — YEA RITTER — YEA
Page 6 of 10
CLARK — YEA
0 ON AR
E. Motion and second by Council Members 6k and A0 to approve proposed South Florida Water Management District Local
Governmental Agreement No. 4600003556 for the Okeechobee Centennial Park Stormwater Drainage Construction (exhibit
5).
Amount: $250,000.00 with a maximum of $175,000.00 cost -reimbursement (or 50%)
Location: 701 SE 6th Avenue (1.950 unplatted acres) 2 Period: 10/112016 to October 31, 2018
Project Description: The City shall construct a 4'x8' Nutrient Separating Baffle Box, Bio-Swale, removal and
replacement of storm water pipe in accordance with design plans, project specifications, and applicable permits. The
City shall be responsible for satisfactory completion of the scope of work and may retain consultants, contractors,
and/or vendors to provide the professional and construction services required. The City will also be responsible for
project management, budget management, quality control, and public outreach.
Discussion: ,
jr pSo - CL sk-c � i�� C) (v�oA� � �ru - 4 -0 Cf P24" AL
VOTE:
WATFORD — YEA CHANDLER — YEA CLARK — YEA
O'CONNOR — YEA RITTER — YEA OTI
Page 7 of 10
F. Consider a request to extend the hours of alcohol sales by Ms. Anita Nunez. (Exhibit 6)
Chapter 6, Sec. 6-1.-Hours; Sunday sales; holiday sales: (a) Sale of liquor prohibited on Sunday. Except as otherwise provided
in this section, it shall be unlawful for any person holding an alcoholic beverage license from the state division of alcoholic
beverages and tobacco to serve, to sell, or cause to be sold, or to permit the sale, service or consumption of liquor, as defined in
F.S. ch. 565, but excluding beer and wine, between 2:00 a.m. Sunday, and 7:00 a.m. Monday. (b) Sale of beer and wine limited on
Sunday. Except as otherwise provided in this section, it shall be unlawful for any person holding an alcoholic beverage license
from the state division of alcoholic beverages and tobacco to serve, to sell, or cause to be sold, or to permit the sale, service or
consumption of beer, as defined in F.S. ch. 563, or wine as defined in F.S. ch. 564, between 2:00 a.m. Sunday, and 1:00 p.m.
Sunday. (c) Hours for sale of all alcoholic beverages. Except as otherwise provided in this section, it shall be unlawful for any
person holding an alcoholic beverage license from the state division of alcoholic beverages and tobacco to serve or sell, or cause
to be sold or consumed, or to permit the sale or consumption of any alcoholic beverage between the hours of 2:00 a.m. and 7:00
a.m., Monday through Saturday; providing for clarification that any alcoholic beverage may also be sold from 7:00 a.m. Saturday
and 2:00 a.m. Sunday, and beer and wine may be sold on Sunday between the hours of 1:00 p.m. and 12:00 midnight. (d) Certain
Sunday holiday sales permitted. If the holidays of New Year's Eve, New Year's Day, or the Fourth of July were to fall on a Sunday
in any calendar year, any person holding an alcoholic license from the state division of alcoholic beverages and tobacco may, at
their option, remain open for the sale of any beer and wine permitted by such license until 2:00 a.m. on Monday morning following
such Sunday holiday.
Ms. Anita Nunez recently acquired Parrott Island Grille, 1001 S. Parrott Ave, and has requested the City Council consider
amending Chapter 6 of the Code of Ordinances to allow for the sale of alcohol on Sundays starting at 11:00 a.m. and to extend the
sale of alcohol at night to 2:00 a.m. (�c�wn auCWti + OV0bo/ 0&tta' 6U" �' A --`� w' o-
LCWL
DIRL
'O.- GA 11�(m k..DCw'-k +--0 uAM e#/V3-
�l 101UAA-1 made
4tieoe ,LcuwA
Vhd A-7xc
m
h�etuna�v �
haun�,
aut
U,J
DUJ'Wtv �
Page 8 of 10
F. Continued
��"�.
Ttml�oov� — � ho tue,
4T �� � � �C u� a CoP� . f►'lu� cn
_-i-crxa �ran,.ca�
Ole. �in -�
U
0
SczQw
pa & e"&) A OtkL
V4�cU bhR�*P 4("�t cw,u he bud �wad w6w,vak�h Y� ahl ✓�
OUw *Oki &,-
\ld kWp. Ptc,-ia& &fAy`"°✓�""`".
�ou�e�auh m. ut� �auw� —ld bw &d da0-
Page 9 of 10
+...r
G. Motion and second by Council Members and to approve amended budget for Fiscal Year 2016-2017 (exhibit 7):
40
llp�,Nd �k6neXl�,�-
WATFORD — YEA CH DL — CLARK — YEA
O'CONNOR — RIT R YEAE MOTION CARRIED.
X. ADJOURNMENT - Mayor
There being no further items on the agenda, Mayor Watford adjourned the meeting at
Page 10 of 10
City of Okeechobee, January 17, 2017 Meeting Minutes taken during the meeting by
CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on January 17, 2017, at V06
P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974.
;, ., I1} (1m)WM404 efultcK
OPENING CEREMONIES: The invocation was given by Fa of the Church of Our Saviour; the Pledge of
Allegiance was led by Mayor Watford.
III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk
Mayor Dowling R. Watford, Jr. Present
Council Member Noel Chandler Present
Council Member Monica Clark Absent
Council Member Mike O'Connor
Present
Council Member Gary Ritter
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 Bob Peterson
Present
Fire Chief Herb Smith
Present
Public Works Director David Allen
Present
IV. AGENDA AND PUBLIC COMMENTS - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
Mark Wbrad Ads k pulpe Aimi ftmu //om MI.4,
B. Mayor Watford
comment card
Mayor.
opened the floor for public participation for any issues not on the agenda. An agenda item form or
is required; citizen comments are limited to 3 minutes per speaker unless otherwise approved by the
Blair Kuhlewind� DuWrofvA Sttaf hQt MQU�
igzolly Qr(wd rbftr (s 39raPTdW7e1)s
Turned 60- Ujdlj� ThctdllD"feo"Aff*Y4
Nbws "Iled MJIAprebleMs,, 85% of /�qw(
1)hte ehewky {`r *? R(W o f rowerm 1s Ino w der/iri w
p Virfuel- � 2
Tdlhav l M 910ds !s ftao 11'a > �P evci,Tekrsch
Ew II 'e (aws (notivarkmn)
Adoh becomin j wao� d �s&nchoa - (b4 S61 wtrn)
3
Page 1 of 10
same day Per She t i Ir Ekf /up
,rum j tofrp rodem (4w aa Sara)
ra#4 lmdi v1daws (&&an� ja t/ aim
ap Is
I�cKo � trQ tr�,►n�;
(Ale f Warr
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V
B. Continued
,�° �lss- r�Q�le�'r` (�rtdchuh DF �Iv llA2l'f. ge�hn� 2u�ay �r�t r� ss.
slal� �moYa cc� bw prolnvle �orac� Prong
Do�1C�fd Ivumy- dfFaigUqur ffl-Wt6Gaul-
f�dd�cf - 2 ( sfir�iir {$Y s�t�c2-s�. '�b�•elr9��us
o ��na o '��nshsufim�la�d G�a.� Gus.
ram enerev ltkI e.
- Seu�.ry thP bless417gs -k ru-
clot VW that did, r{�s Mi 1h��3 t�q� d�I�trCdo•
1�v- eau- ppopb �n �o �an�riw.�u fy start� vas; cn
�3'q(liZt7a.�leYls U�arl<lhg� dh s, SuhsfvFa Q�jusv ee�c1ra*,
�'I�LCLYQq� S�V�I'CPS lilotlFtOYK, IGUa/hf f Lharaffu' Ca7�fs.
MC) -ears qS&Y?j enr yalsy sA
O Jwv �-TewKsbu - E�nm;c �ouneci F�°�cchr� Dr�Pclm�
aun
hard aF D1rector #/ends �Kah A(dl �•a3
Page 2 of 10
IWI
in
V. PRESENTATIONS AND PROCLAMATIONS— Mayor
A. Promotion of Sgt. Justin Bernst to Police Lieute a t.
QGkuJl� S�
Cz � It dad (�, Simmar►s�
(batA
Mara q' yrs
raduoukd
o 4 - F-7T
Zooq- Sat ft-Und7ffn
laser /ra n.er
,T bq j <??
Pn,
P r�vK Pp r-"Ivel
Crude �r6m 81�b �IUsfiv�s quaff Err Inlemew)
VI. MINUTES — City Clerk
A. Council Member moved to dispense with the reading and approve the Summary of Council Action for
the meetings of December 13, 2016, and January 3, 2017; seconded by Council Member ki(L' .
&Ws Ry &dav*-fC�t�Qrt7�
Jusbo�,Auk court
I7 yrsn�r are
ri e)
Discussion:
VOTE:
WATFORD - YEA CHANDLER - YEA QLARK - YE
O'CONNOR - YEA RITTER - YEA MOTION CARRIED.
VII. WARRANT REGISTER - City Administrator
A. Council Member E moved to approve the December 2016 Warrant Register in the amounts: General Fund,
three hundred ninety-nine thousand, two hundred forty dollars and forty-six cents ($399,240.46); Public Facilities
Improvement Fund, twenty-five thousand, one hundred forty dollars and seventy-six cents ($25,140.76); Capital
Improvement Projects Fund, six thousand, eight hundred fifty-seven dollars and sixty-eight cents ($6,857.68); and
Law Enforcement Special Fund, fifty dollars and zero cents ($50.00); seconded by Council Member
Discussion: k6u,'
VOTE:
WATFORD - YEA CHANDLER - YEA CLARK - YEA
O'CONNOR - YEA RITTER - YEA OTION ARR
Vill. NEW BUSINESS A
A.1.a) Motion and second by Council Members and to read proposed Ordinance No. 1149 by title only and set
February 7, 2017, as a Final Public Hearing date for Rezoning Petition No. 16-005-R, Lots 6-10 of Block 58, CITY OF
OKEECHOBEE, from IND to CHV (exhibit 1).
b) Vote on motion to read by title only.
VOTE:
WATFORD - YEA CHANDLER - YEA
O'CONNOR - YEA RITTER - YEA
Page 3 of 10
CLARK = YEA
MOTION CARRIED.
VIII. NEW BUSINESS
A.1.c) Attorney Cook read proposed Ordinance No. 1148 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY
REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL TO
HEAVY COMMERCIAL ZONING DISTRICT (PETITION NO. 16-005-R); AMENDING THE ZONING MAP
ACCORDINGLY, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE
DATE."
2.a) Motion and second by Council Members and to approve the first reading of proposed Ordinance No.
1149.
b) Public comments and discussion.
Ili I �Y �aY1Vl�Yj OSLO ( f
Meefs a.I I sf u4aids L rig
�ove�
DW' Will uiln
c) Vote on motion.
VOTE:
WATFORD — YEA CHANDLER — YEA CLARK — YEA_
O'CONNOR — YEA RITTER — YEA <NOTION CARRIED.
Page 4 of 10
B. Motion and second by Council Members and to approve a purchase through the Florida Sheriff's Association
Vehicle Bid Process in the amount of $21,099.00 for a 2017 Dodge Charger (exhibit 2).
M poy e mbled U11M <km e KOYrUUP f UTOVY 010 Aal& I�w dud(' f
*aakr PD 6 PA)
Dw- Pru9ram (um -kid a.wu
VOTE:
WATFORD — YEA CHANDLER — YEA ARK — YEA
O'CONNOR —YEA BITTER —YEA
C. Motion and second by Council Members andc-19- to approve the purchase and installation of equipment in the amount
of $2,142.00 for the new 2017 Dodge Charger (exhibit 3).
VOTE:
WATFORD — YEA CHANDLER — YEA
O'CONNOR — YEA RITTER — YEA
Page 5 of 10
CLARK —YEA
MOTION CARRIED.
D. Motion and second by Council Members Hanb� to approve proposed State of Florida Department of Environmental
Protection Division of Water Restoration Assistance Grant Agreement No. NS018 pursuant to line item 1641 of the FY 15-16
General Appropriations Act, for the Okeechobee Centennial Park Water Quality Improvement Project. (exhibit 4)
Amount: $367,260.00 with a maximum of $183,630.00 cost -reimbursement (or 50%)
Location: 701 SE 6t" Avenue (1.950 unplatted acres) Period: begin upon execution until February 1, 2019
Project Description: The Grantee intends to upgrade the existing stormwater infrastructure with proposed stormwater
improvements consisting of construction of a 4'x8' nutrient separating baffle box, bioswale, removal and replacement of
stormwater pipe (all subject to final engineering design). In addition to reducing nutrient loads from existing residential
runoff into the Taylor Creek watershed system, the project will reduce the amount of nutrient loadings from the
proposed new community park. Runoff from surrounding yards and recreation fields will be treated on -site at the new
park with a grassy swale infiltration system and then a nutrient separating baffle box, allowing time for nutrients to be
filtered out of the runoff water through percolation instead of directly flowing to impaired watersheds. The existing outfall
culvert located under the sanitary lift station site will be taken out of service as part of the project.
Discussion:
�1 L)G - F I) c P (a, & fd f ; 10 dui- -b 6d tLW UK PINU
Cif- Task's 5 praWdi (04s Al m a%e t Irtons dunrj dir#s'gCMj 4 0 f anh`
Task (P are use p rav, (* � -^u s ? Moo will h lew u p
VOTE:
WATFORD — YEA CHANDLER — YEA CIARK- YEA
O'CONNOR — YEA RITTER — YEA (MOTION CARRIED.
Page 6 of 10
E. Motion and second by Council MembersPlk and to approve proposed South Florida Water Management District Local
Governmental Agreement No. 4600003556 for the Okeechobee Centennial Park Stormwater Drainage Construction (exhibit
5).
Amount: $250,000.00 with a maximum of $175,000.00 cost -reimbursement (or 50%)
Location: 701 SE 6th Avenue (1.950 unplatted acres) Period: 10/1/2016 to October 31, 2018
Project Description: The City shall construct a 4'x8' Nutrient Separating Baffle Box, Bio-Swale, removal and
replacement of storm water pipe in accordance with design plans, project specifications, and applicable permits. The
City shall be responsible for satisfactory completion of the scope of work and may retain consultants, contractors,
and/or vendors to provide the professional and construction services required. The City will also be responsible for
project management, budget management, quality control, and public outreach.
Discussion: Moo- mo l a 515o 6►'QAf
C R - 014kd M ttu pfk
VOTE:
WATFORD — YEA CHANDLER — YEA LARK — YEAS
O'CONNOR — YEA RITTER — YEA c MOTION CARRIED.
Page 7 of 10
Consider a request to extend the hours of alcohol sales by Ms. Anita Nunez. (Exhibit 6)
Chapter 6, Sec. 6-1.-Hours; Sunday sales; holiday sales: (a) Sale of liquor prohibited on Sunday. Except as otherwise provided
in this section, it shall be unlawful for any person holding an alcoholic beverage license from the state division of alcoholic
beverages and tobacco to serve, to sell, or cause to be sold, or to permit the sale, service or consumption of liquor, as defined in
F.S. ch. 565, but excluding beer and wine, between 2:00 a.m. Sunday, and 7:00 a.m. Monday. (b) Sale of beer and wine limited on
Sunday. Except as otherwise provided in this section, it shall be unlawful for any person holding an alcoholic beverage license
from the state division of alcoholic beverages and tobacco to serve, to sell, or cause to be sold, or to permit the sale, service or
consumption of beer, as defined in F.S. ch. 563, or wine as defined in F.S. ch. 564, between 2:00 a.m. Sunday, and 1:00 p.m.
Sunday. (c) Hours for sale of all alcoholic beverages. Except as otherwise provided in this section, it shall be unlawful for any
person holding an alcoholic beverage license from the state division of alcoholic beverages and tobacco to serve or sell, or cause
to be sold or consumed, or to permit the sale or consumption of any alcoholic beverage between the hours of 2:00 a.m. and 7:00
a.m., Monday through Saturday; providing for clarification that any alcoholic beverage may also be sold from 7:00 a.m. Saturday
and 2:00 a.m. Sunday, and beer and wine may be sold on Sunday between the hours of 1:00 p.m. and 12:00 midnight. (d) Certain
Sunday holiday sales permitted. If the holidays of New Year's Eve, New Year's Day, or the Fourth of July were to fall on a Sunday
in any calendar year, any person holding an alcoholic license from the state division of alcoholic beverages and tobacco may, at
their option, remain open for the sale of any beer and wine permitted by such license until 2:00 a.m. on Monday morning following
such Sunday holiday.
Ms. Anita Nunez recently acquired Parrott Island Grille, 1001 S. Parrott Ave, and has requested the City Council consider
amending Chapter 6 of the Code of Ordinances to allow for the sale of alcohol on Sundays starting at 11:00 a.m. and to extend the
sale of alcohol at night to 2:00 a.m.
as a resfauran�-. bGuner, t1� enders our busi�aess.
{hastrdhs come to
CAR-�la�A�edr larks.
DW vw�
IvC- ��scus�edMQAq f lWS ') kel0' 0 ShW]d lea,r�liK� c� is a.�d u�tder��rto�s
�1C- researcit�d @csunh�s �a arna�
�as ��ci burs POVAW M'
perrn.�
(a lot a f dif ejtt Ordinan s ' ui` u rm
fb
� s ov�� ape
QR' 2 issues C Hou,rs p.nt� saleof
QS � L'�U.�1cU fY1,Q��e►' is fo
{eel l � I� ut SHould WcrP srnp
ka�nSdoxf li-�drt�ArLlllUU. V
�J W&W�I)l
i�Iich �$. Q CU� I
IuA 0kr- ure sktCld act
DU- (u�rD UJA,t�' AM (-ue hMy c� 4rd�mlt�P hefwe as,
Ma) i Qthf % t#pcU Xpossa'y Or&rtarcu--
Yuhrn Nmver- Kakwlz D/cMYSclra�c s�e C�ifler Awe_., N e�n;Sl�c bq
page 8 of 10
lrquorsUnda-y) rQsp�si�ri�tus
iYla/C� us�nPdses bra
�esn si slurya� g % �+u �.hl sa
Pu�1�c,a�� �,��,``tK.
m
F. Continued
me- Nm A&
t
M (,�- 7ri Fish - �oa'��-rec�dira�02r'��thvlI Clt�riw�to�-
-ra`}% L.K�uvr Sa.(.[s
jail o waWd MA 14ividuaes whc,
way t hudd bec�d du nw-aase.
D�orc�crlar►cC.. Cxnd �ints Wz pcUd on %ndacp dw fo
opm Qlcs; �au.�dnf ¢aKo %d Qrdnls ux.�►l � f�cQu�' satau�.
Page 9 of 10
G. Motion and second by Council Members
A�'-RpFtec� iwo �raK.tz
L& UA ) bt ( P (D v 1 -
_ and to approve amended budget for Fiscal Year 2016-2017 (exhibit 7).
MOD- 2l�
ow, p6s4pW until t� n.�!-f n�-.
VOTE:
WATFORD - YEA CHANDLER - YEA
O'CONNOR - YEA RITTER - YEA
CLARK - YEA
MOTION CARRIED.
X. ADJOURNMENT - Mayor —7 "Q3
There being no further items on the agenda, Mayor Watford adjourned the meeting at P
Page 10 of 10
Pub��ccommants
,alQlrKuhlew�nd
,171 Z617
CITY OF OKEECHOBEE
(863) 763-3372 FAX (863) 763-1686
AGENDA ITEM REQUEST FORM
PLEASE SUBMIT COMPLETED FORM TO:
CITY ADMINISTRATORS OFFICE
55 SE 3R11 AVENUE
OKEECHOBEE FLORIDA 34974.
NAME: Kv k In d
ADDRESS: q U ►J r
TELEPHONE: V3 ^/_61 CU✓�_�ZLZ PAX: G
MEETING: REGULAR SPECIAL ❑ WORKSHOP ❑ DATE
3 - z-l+-7
f 17�Z0/7
PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA:
PLEASE STATE WHATDEPARTMENT(S)YOU HAVE WORKEDWITH:
�l�cs
PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL:
PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH
APPLICABI. E DOCUMENTS:
��' w, �/ /fro✓��F � ��. �v� �,. Sc�c�S�ro� 5 6��
IF A PRESENTATION IS TO BE MADE, PLEASE LIMIT THE TIME TO TEN MINUTES UNLESS OTHERWISE
APPROVED BY THE MAYOR.
SIGNED B - ---- DATE: -- / �i-
2.1 Suggestions for SUCCESS
by 11. Jackson Brown, Jr.
Publ►e 66mmeri--
1 "WaAr Kul�tewtvtd
leisbllkd Qf
jon.17, 26114eehtj
1. Marry the right person. "phis one decision will determine 90% of your
happiness or misery.
oy and that's worthy of your time and
2. Work at something you enj
talent.
3. Give people more than they expect and do it cheerfully.
4. Become the most positive and enthusiastic person you know.
5. Be forgiving of yourself and others.
6. Be generous.
7. Have a grateful heart.
8. Persistence, persistence, persistence.
9. Discipline yourself to save money on even the most modest salary.
10. Treat everyone you meet like you want to be treated.
i i . Commit yourself to constant improvement.
12. Commit yourself to quality.
13. Understand that happiness is not based on possessions, power or
ionships with people you love and respect.
prestige, but on relat
14. Be loyal.
15. Be honest.
16. Be a self' -starter.
17. Be decisive even if it means you'll sometimes he wrong.
18. Stop blaming others. Take responsibility for every area of your life.
19. Be bold and courageous. When you look. back on your life, you'll
regret the things you didn't do more than the ones you did.
20. Take good care of those you love.
21. Don't do anything that wouldn't make your Mom proud.
�ublrc �m�nfs
Z Jew, l*ry
Jafi,17, 2C/7
CITY OF OKEECHOBEE COUNCIL MEETING COMMENT CARD
PLEASE PRINT
Name:
Address:
Organization you represent: p, OQ lei cir
NO CARD IS REQUIRED FOR AGENDA ITEMS
'—j7, 1-7
4S'te Date
ORDINANCE NO. 1149 5 D
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY
REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY
DESCRIBED HEREIN, FROM INDUSTRIAL TO HEAVY COMMERCIAL
ZONING DISTRICT (PETITION NO. 16-005-R); AMENDING THE ZONING
MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No.
402 in which a revised Official Zoning Map was adopted for said City; and
WHEREAS, Mark Goodbread of Southern Construction and Development Inc., G-4 Land &
Cattle Co., and Gagbee Inc. as property owner, has heretofore filed Petition No. 16-005-
R, pursuant to the Land Development Regulations of the City of Okeechobee for the
purpose of rezoning a certain tract of land consisting of 0.80 acres from Industrial to
Heavy Commercial Zoning District, and that this request be removed from the
boundaries of the above mentioned zoning district to allow for the processing of the
rezoning petition; and
WHEREAS, said petition was reviewed by the City's Planning Consultant who determined,
based on initial findings and review provided by the applicant, that such petition is
consistent with the Comprehensive Plan; and
WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised
Public Hearing held on December 15, 2016, determined that such petition is consistent
with the Comprehensive Plan; and
WHEREAS, the City Council agreed with the recommendation of the Planning Board and
hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan
and deems it in the best interest of the inhabitants of said City to amend aforesaid
revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for
the City; that:
SECTION 1: LEGAL DESCRIPTION.
The following described land consisting of approximately 0.80 acres, as the subject
property, located in the City of Okeechobee, to -wit:
LOT 6 OF BLOCK 58, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS
OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH
LOT 7 OF BLOCK 58, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS
OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH
LOTS 8, 9, AND 10 OF BLOCK 58, CITY OF OKEECHOBEE, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC
RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
Ordinance No. 1149 Page 1 of 2
SECTION 2: ZONING MAP AMENDMENT.
That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to
reflect the subject property to be changed from Industrial (IND) to Heavy Commercial
(CHV).
SECTION 3: CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4: SEVERABILITY.
If any provision or portion of this ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions
and portions of this ordinance shall remain in full force and effect.
SECTION 5: EFFECTIVE DATE.
This Ordinance shall become effective immediately upon adoption.
INTRODUCED for First Reading and set for Final Public Hearing on this 17th day of January,
2017.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 7th day of February,
2017.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Dowling R. Watford, Jr., Mayor
Ordinance No. 1149 Page 2 of 2
ymy of uizeeGnopee
irate: 11-zJ-tU, r-VL1L, ,N.,. i c_v-vv__- 1-\
Fee Pail: gg3.,51 CISoI0g3 Jurisdiction: • 13*OC
GeneralSewices Department
56 S.E. 3`d Avenue, Room 101
15 Hearing: (a _ 15- (6 2" Hearing: - enj-&. I'
Okeechobee, Florida 34974-2903
Publication Dates: �g .-�L•7 6 "1] -1 ee� 721 /i7
Phone: (863) 763-3372, ext. 218
Notices Mailed: (- �O - I Lp
Fax: (863) 763-1686
1=?.. ri;.W..
_
t",.3.
ti -.r. :l.: ^'- ,;.rn..,'s_: uY :T:y. -t:]T ^t—
�f;'.J'.� '- ..r'U)aTf :GtiiT'.•]y. •.•y .yai•%.'C v.'i-�:L7L" r^S=. .a7? +�. ��Y. U. ..4 Y/ V. :}_'!•; !"
e.z t ,::, - :�3� Rezone S ee:�al Exce ' tionEand�llaHance • =- ; % r:L: w:;L; �;,'.:-�
}:` C�, n 4 •T` �+ ly �-`c;{: i C�'ti,:. a•:.•`7t.'ji"...r C',
'i. ..t -
;J-v-• 5- ..++.
t;,,�.i'-i`:::.
�Y'.''1'—�,i.\�_.. _ _ ;.r .ti.A:�` :Ar"``VY.. .iX..�h ;.Y '
-.cl . ..c... - ..-U t'i 'y.^._^•-.�, y _.:',C�)sl: T L ham.✓ Lti .!`7 1 .{ f I"n ->�
_��APPLIC_ANT:INFORMATION
Name of properly owners}- ' � � �• y, � - I ~�`
1
2
Owner mailing address: 5 5
I Q T L�%1
3•
Name of applicant(s) if other than owner
4
Applicant mailing address:
E-mail address: f l 0 rpodbread
Q a U q �n(JE t
6
Name of contact person (state lationship):. m
6 Contact person daytime phone(s): (6 _ to'� q
— .i'^'_. ^:rn.:rn :r ^`,:.� '--:ra+•i rt" i� c,�:- ..•..tea•'.,-�%v�.�,^.�f-•',:.Y...' :^..-C.=.:[f::i=r.•�s4' :if � '..l��:a� .``.°-:7'l:::t
_ .� , :gr!•,;; 'UiHJ,�. wG •ti•-'�i+:r:`i�•'v.'�:.�t:'y.,U ..... ;
RROPEK, Y INFO.RMAtTiIONx S . of � . _ : ;_ :-> •w;
i},• %; � Y`'
. �=�• : . 4-� , .m� . ��'•'.?� '_r't- s .lc-`g` sn.`-,?l-..��u.:S',-i.�- ��-f'• ..¢.,(-•.:i:r._ r�.'::r.�,t �.:."',r_.,
=.`--_:•-J �}:-%,.:i...t.'.�, lct 4:f�vx ,':�r.:•, :iF�f.. .Y..=LY..S;-... .._.:� . •�= :.. :.: >�
Property address/directionsto property: 'gyp 1)7b:5, � 709' k), PIVAOTrAVE, 64T_U10AL
7
3497a
6o norki GLI mc6o Ii hL o A( Uti left r ra`lro
Describe current use of property: Pc'b e r� ,y ei
f*k va e "t o n yol
�09 `,e_fc r
$
7a3,. Ourrenllu �,qy pL,fe_r shop
Describe i rovements on property (number/type bui in s, dwelling units , occupied or vacant, etc.
'7D J vlea.u-E "/I u� �MY � ;s ig (b ss Ft
ee !�(l�ctu j .
9
W3 / m150 - aurbUI /0LC 9 vaeo-n f bt `a& /9) E SSPf
Tjb99 e W4F u
Soudce of potable water: MA Method of se*age disposal:
10
Approx. acreage: _ 0.0 °`t Is property in a platted subdivision -
Ohl \(eOA1eS
Is there a use on the prerfrihaacrEsorwas in violation of a city or county orcti once? If so, describe:
N O
11
-
12
Is a pending sale of the property subject to this application being granted? Q
Describe uses on adjoining property to the North:
13
North: ��rAD4= y- Comme"t(c i ;�; :�_ :.�; East: F-f C%mrrLgrec tl f13
South: i tj Ve--r,- i poi 2i�(Y1�f�l West: 'maret,5L,seBlcl9_n��s
14
Existing zoning: *Ina US I'ql Future Land Use classification: ep rn r' rCt
Have there been any prior rezoning, special exception, variance, or site plan approvals on the
15
property? (-K)No (Yes. If yes provide date, petition number and nature of approval.
Request is for: Rezone (_} Special Exception (__) Variance
NV
Parcel Identification Number: �- E-V - � 5- OCQ �- 005 W -' 00
3-15--3.7-35- Oat0-005BU-- Oo7Q
3-15-37 55-00i0--6059-JO,Ob�O
(Rev 09/14) Page 1 of 11
-✓
rTi::
,.18
---'�i'_"`+c`S; jl _- •'•-i: - �V.1C: •at t t `i -.;n,•lr, - _ •r7icr;- ;��
-. y.4�
0 � 0 I►��� IS ��jne�ec�.e• prz'Y
Applicant's s ateme to':_,.,.�....:�....s.--
t n f interest in roperty
(�,ii�e5 F ( 7Ui IL j
d s� es c�mNQL 1
Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $301acre;
Variance: $500
19
Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B
When the cost for advertising publishing and mailing notices of public hearings exceeds the
established fee, or when a professional consultant is hired to advise the city on the application,
the applicant shall pay the actual costs.
20
Last recorded warranty deed: CIA SA 3 w ' p (3 k) fror (iJ(d3 a
21
Notarized letter of consent from property owner (if applicant is different from property owner)
Three property surveys (one no largerthan 11x17) containing:
Certified boundary survey, date of survey, surveyor's name, address and phone number
22
Legal description of property pertaining to the application
C. Computation of total. acreage to nearest tenth of an acre
23
List of surrounding property owners with addresses and location sketch of the subject property. See
the Information Request Form from the Okeechobee Property Appraiser's Office (attached)
24
Affidavit attesting to completeness and correctness of the list (attached)
25
Completed specific application and checklist sheet for each request checked in line 15
Confirmation of Information AccuracV
1 hereby certify that the information in this application is correct. The information included in this application is
for use by the City of Okeechobee in processing my request. False or misleading information may be
punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this
application.
Sign a re Pri ed Name Date
For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218
(Rev 09/14)
Page 2 of 11
_ _
AD,DITIUNA�INFO � � � . TION' REQ_.' ' � {•D �..E_O_R_:=A_�-R_E_ZONII�I� � _ _ ! _
A
Current zoning classification .�f.� C[6I L Requested zoning classification 00
B
Describe the desired permitted use and intentc�d n ture of activities and development of the property'? h
7D1 �fhrr0f, -to,be..shecloloir tp u /new v'ed dui" � A �(6 s� 1 cc
WdS � C-azetxaS AD & od i k-e1ied -A-o rr 761 tJ, rrdl 4-o eusipmer desfi c ov)
C
Is a Special Exception necessary for your intended use? C__) No LXLA Yes If yes, briefly describe:
r ) ( N, PC,_i^roiL Por outs) &
/-See-iaJ 6yoz. CurrenRq �%C
t�i s o -t u S h e cl, CJ e o., Ckx-s h L0
r e ✓ L. so- i e n
Is a Variance necessary for your intended use? No C_) Yes If yes, briefly describe:
D
Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or
proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as
E
contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the
number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level
of service on all adjacent roadway links with and without the project.
F
Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described
below. Attach additional sheets as necessary,
FINDINGS REQUIRED FOR GRANTING A REZONING
OR CHANGE IN LAND DEVELOPMENT
REGULATIONS (Sec. 70-340, LDR page CD70:16)
It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of
the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and
presentation sufficient explanation and documentation to convince the reviewing bodies to find that:
x�
1. The proposed rezoning is not contrary to Comprehensive Plan requirements.
2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development
Regulations. C� es ' o / LS 1Q IlICf rezon-e4 Ar cL Comrnnr(C( 00aQ1ror r e&&
Ly IWO �0_milyoWU4 Co. �/b3 JJ' M914so ket--K ZanV4 fo r Sa-MS
-� 4t&t e. k 5 e. W1� r Gu r r-ent � aL L c� old &V, re � Q 16J 1 d hs
3. The proposed use will not have an adverse effect on the public interest. "
1U0 Qdvpu-se- e-F4eds on an� oP �4us,e Ihry �ropev� es
4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is
not contrary or detrimental to urbanizing land use patterns.
proposed u s-e- t uz.(,�, n ol, 4e�talri IKUA 0,ni� 4Aa_n iz l 1
11
5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement
or development of adjacent property. A)O J 4C p tro,no5eo( �1 C 6 a6uO l I (f /,a.;w
i/0JV,9_ o-� taeh rlJo" e_rfU
J
(Rev 09/14) Page 6 of 11
Findings required for rezoning or change in land development regulations (cont.)
6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact
of any nuisance or
hazard to the neighborhood / a e S / p ro p oSeot u ces to l it no i- 1" a-zarot 1c/
h 61r rn ku n 63h bcrho(34 .
7. The proposed use will not create a density pattern that would overburden public facilities such
such as schools, streets, and
utility services Co /._red , LC� L to- not, p ve rb Ur�Q� '�ILQ P C r
ch �:e. o
l-k-P ck �,- I,' COrnpa-4r e S .
8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
rro, P-1iC, aon3esb-6n ct- very mInI'm a(. /)a AanlOQ170
rlobletrls , W5 &WqN prohe f-o flooel1►il
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
ClbrreA
The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in
light of the above criteria and offer a recommendation for approval or denial.
(Rev 09/14) Page 7 of 11
JOHN D. CASSEtS. JR,
Attorney at Lamm
Cassels tt MCC39
P_0. Box 90 400 NW Second Sbw
Oka+tc'w-bce, Florida 34973
963-76"131
Fie No . 9347
Grantee S.S No
Pared WntKcabcn No 3-1S-37-3S-00I0-005a0.004p
31: ` I 1 1 b 3
_S Stamps paid in the amount of
.46
Glass C Inert lew Tate paid in the annual
of S --w —
Stwort Robertson, Clerks of Ch-t it Court
Okbm to,h�m+ Courtly. F➢orida
D.C.
WE
ISpace Above This Line For Recorddtg Data)
Doc 9m-cC Warranty Deed
(STATUTORY FOR -St - SECTION 699.0_ F.S.)
This Indenture made this Z3rd day of October. 2000 Between
PAUL AYERS UT)Lr,1ES, INC., a dissolved Florida Corporation whose post office address is P.O. Box
421056, Sunwwrland Key, Florida 33042 of the County of Monroe, State of Florida, grantor', and
GAGBEE. INC., a Florida Corporation whose Post office address is 12575 Hwy. 70 E. Okeechobee, Florida
34M of the County Or Okeechobee. State of Florida, grantee".
Witnesseth tact Said grantor, for and r, consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and
other good anal valuable considerations to said grantor in hard paid by said grantee, the receipt whereof is hereby
acknowledged. has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the
fcAawwinq described land. situate, lying and being in Okeechobee County, Florida, to -wit
4LOT 4, 5, ANO.6; BL'OCK'58, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 1, PAGE 10 AND IN PLAT BOOK S, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA.
This deed is oeing given in order to wind up and liquidate the business affairs of Paul Ayers Utilities, Inc.
Subject to restrictizns, reservations and easements of record, if any.
and said grantor does hereby fully warrant the title to Said land, and will defend the same against lawful claim of
an persons whomsoever.
"Grantor'aod'C-rantee- are used for sk guW or pkaal. a's confect regvkxs.
In %Vitness '%"%%C mof, grantor has here:rant:: se! g _nt : s h2lna =d r..c! - C =j and year first above written_
Signed, seaQd and delivered in our presence:
&R-7 t010,
TIr
snT1rla7:�'TJyi
z W1010ems:
State of Florida
County of Okeechobee
PA Y R_ S IMLiTiES. INC.
By: � �\
P LA RS
Authoriz t a resident
(Corporate Seal)
Ltd
The foregoing instrument was acknowledged before me this _day of October. 2000 by PAUL AYERS,
Authorized Agent and former President of PAUL SEAS UTILITIES INC., on behalf of the corporation. He U is
petsoraily known tome or [ Yttas produced �-- as identification.
YL&7W
IN ttA]t1NA1D4ot19 Notary lic
Printed ame: p WrAR7nWXSr0XCFFL0V= , it r, Arnrn6ri s
C0MMjg5MW.O0tf1M My Commission Expt es:
NY pp 70 'EV Y11
F I L ED, c:::. REG0iRG
r'
343939 V"nnr,T73
.SH.'.R014 P 0E-ERTSCii
:LERrt OF CiF.Ct'IT C^UF:
U r 1 1 � .�.,. r-r„�. . � sip
i-&, (Q . I � 0-0,
Ind _+0 co V
Prepared By and Return to
John D. Cassels, Jr., Esquire
Cassels & McCall
P.O. Box 968
Okeechobee, Florida 34973
File No: 99-8795
IMUM91M11 INHIN011111 07677
OR BK 00656 PG 0548
SHARON ROBERTSONY CLERK OF CIRCUIT COURT
OKEECHOBEE COUNTYP FL
RECORDED 06/27/2008 04:46:05 PH
ALIT 10.00
RECORDING FEES 18.50
DEED DOC 0.70
RECORDED BY tl P i non
Pss 0548 - 549; (lass)
Parcel ID Number: 3-15-37-35-0010-00580-0070
QUIT CLAIM DEED
THIS QUIT CLAIM DEED executed this= day of October, 2006, by GEORGE A.
GOODBREAD, a single man, whose mailing address is 12575 Highway 70 East, Okeechobee, Florida
34974, first party, to G4 LAND & CATTLECOMPANY, a Florida corporation, whose mailingaddress
is 12575 Highway 70 East, Okeechobee, FL 34974,
(Wherever used herein, the terms "first party" and "second party" shall include singular and
plural, heirs, legal representatives and assigns of individuals and the successors and assigns
of corporations, wherever the context so admits or requires.)
WITNESSETH:
That the said first party, for and in consideration of the sum of$10.00 in hand paid by the said second
party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said
second party forever, all the right, title, interest, claim and demand which the said first party has in and to
the following described lot, piece or parcel of land, situate, lying and being in the County of
OKEECHOBEE, State of Florida, to wit:
Lot 7, Block 58,.OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5.
Public Records of Okeechobee County, Florida.
The above described property does not constitute the homestead of the grantor.
Subject to covenants, restrictions, reservations and easements of record and taxes for the current year,
if any.
This instrument Is given to correct the name of the Grantee where placed in the Grantor's
name in error initially.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto
belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim
whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the
said second party forever.
IN WITNESS WHEREOF the said first party has signed and sealed these presents the day and year
first above written.
Signed, Sealed and Delivered
in the presence of:
18795-68320.WPDj
Book656/Page548 CFN#2008007677 Page 1 of 2
Lc4 i 5�, c{..
ESS
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing instrument was acknowledged before methiv_2dayof October. 2006. by GEORGE A.
GOODBREADAwho is personally known to me, or ❑ who has produced as
identification.
JptN0.CA5988.3i
ARY PUBLI
ema.an.urmn�ua..re
Printed Name of witness -My Commission Expires:
IT IS HEREBY CERTIFIED THAT WE HAVE PREPARED THIS INSTRUMENT FROM
INFORMATION GIVEN TO US BY THE PARTIES HERETO. WE DO NOT GUARANTEE
EITHER MARKETABILITY OF TITLE, ACCURACY OF DESCRIPTION OR QUANTITY OF
LAND AS WE DID NOT EXAMINE THE TITLE TO THE PROPERTY INVOLVED.
1619S-68320.WPD1
Book656/Page549 CFN#2008007677 Page 2 of 2
A- (v .0v
oso- 595.0+
020440 FIX 1823
�vAEO w.#g $ °�� � Paid In the amount of
r- Office On2746 �UntF
Fos Pkim FW.& u9M Class C Iflfangtbte Tex paid In the amount
Ofi_—o—
Pt""Tatr.Del-13-37-35 ^n�rLpp580�00f10 RumnRobeftsbrl'GetkOiCircuitcourt
nty
BY �•/ D.C.
Date:
WARRANTY DEED ~
a Florida
THIS WARRANTY DEED mede the � i' day of June. 2000, by HotjwES OIL COMPANY. INC.,
therekrafter cworpoedration, trhose post office address Is Post O FC8 BOX 1959. Fort Pierce, Florida 34954.
the Qrentor, to SOUTHERN CONSTRUCTION d DEVELOPMENT, INC., a Florida
Poratton" whose post Office address Is0000 Highway 70 E. Oksschob", Florida 34tT12 hereinafter
ceNed the grantee:
M b
arra'Wan or' and'arardaa• k ctu* an the pwWa to Wa hatrumara and 8» Mks,
aaXions of hadl;tduah, and ON su="9M and aaatam of carpmoom.)
WiTNESSETH, That the grantor. tar and In consideration of the sum of $10.00 and other valuable
. mcaiPl whereof Is hereby acknowledged. hereby grants. bargaMs, seta, dlerts, ram,$",
FLORIDA,conveys and confirms unto the grantee, all that certain lend situate In Okeechobee County.
Loft a, 9.. and 10, B000k 611 Oksschobss, ecco
5, Papa S, and Plat Bodk 1, nttnC to the at thsrsof as rscordsd In Plat Book
Paps10,bothofthsPubik—.Ord* ofOksschobssCounly —
SUBJECTtto hatftrwarvatlens, rastrictlons, covnsnts and sassmsnts of record; proWdsd,
ts nhrenw shall not Oct to reimpose Isms.
SUBJECT to that csrtaln Purchase Money
ModWgs of wan data hsrsrrtth.
TOGETHER with a8 the tenements. hereditamenta and aPWrtenances thereto belonging or in
anywlae aPpedaiMng.
TO HAVE AND TO HOLD, the same in (so simple forever.
h fee simple; the
hereby has °D�'aMs with said grantee that the grantor Is Iewfutiy seb ted Of sald [arid
her bby sty wartants the Ode to said land and wM defend Uragood right and 16*ful l tO set and Convey said land; that the granim
er; a
WN-30eYnd that said tend is free cf ail encumbrances, ex�e against the lawful claims of ap persons
31, low. cep, taxes accruing subsequent to December
IN WITNESS WHEREOF, The said grantor has signed and seated these presents the day and year
Brat above written.
sealed and delivered in
Of.
Jane E. Fabes
w
Edwwd W. Becht
STATE OF FLORIDA
'OUNTY OF ST. LUCIE
HOZI
11Hof
,
By:
R. nres, Preakfant
The I. HOt MES, as President lnatrument was � before me Ihl
President of Holmes OR Company. Inc.,a Florida4ZL�: day of June, 2000, by DONALD
38 x or who has produced 8je:
corporation, who Is personayy known to
Ide Lion anddd Who did 1dkh not —x— take an
l�'rEENDpiEES
« •rr•acuru� Jane E. Forbes
� ` "" ' • 4 CommZion�J.D FOR RECORD
HOREECOUNTY. FL
339610 M nn -3 PH 2:09
SHAku;i Ktis .'� TSDt;
CLERK OF CiRcull COUR
Cel•M- 9dyg
41 (n-Doss - k
Z q , 10
r)o'-`h0 t0.,E(-it
-Wq/4
Petition No. lid&55
Affidavit Attesting to the Completeness and Accuracy
of the List of Surrounding Property Owners
I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my
knowledge and belief, the attached list constitutes the complete and accurate list of the property owners,
addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including
intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to
but held underthe same ownership as, the lands subjectto the application for a change in land use orzoning, said
list constituting a portion of that application. This aftid vit is made based upon an inspection of the tax rolls of the
Property Appraiser of Okeechobee County as of bypm he(^ , a 01 � and the
Assertions made to me by members of that Office that the information reviewed constitutes the most recent
info oration available to that office. I therefore attest to this
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Name of Applicant (printed or typed)
State of Florida
County of Okeechobee
day of
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Staff Report
Rezoning Request
Prepared for The City of Okeechobee
Applicant: Southern Construction, et al
Petition No.: 16-005-R (701, 703 and 709 N. Parrott Av.)
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Nlana�gement Ser\ ices, Inc.
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Staff Report Applicant's Name: Southern Construction, et al
Rezoning Petition No. 16-005-R
Southern Construction & Development, Inc.,
Owner/Applicant G-4 Land & Cattle Co., and Gagbee, Inc.
12575 Hwy. 70 East
Okeechobee, FL 34972
701 N. Parrott Av.
Site Address 703 N. Parrott Av.
709 N. Parrott Av.
Okeechobee, FL
Contact Person Mark Goodbread (Pres & VP)
Contact Phone Number 863-634-6999
Contact Email Address MarkGoodbread02@gmail.com
Legall Description of Subject Property
Parcel Identification Numbers
Legal Description:
3-15-37-35-0010-00580-0080
3-15-37-35-0010-00580-0070
3-15-37-35-0010-00580-0040
LOT 6, BLOCK 58, CITY OF OKEEHCOBEE, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA
AND
LOT 7, BLOCK 58, CITY OF OKEEHCOBEE, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA
AND
LOTS 8, 9 & 10 BLOCK 58, CITY OF OKEEHCOBEE, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA
ticnin4 Florida Simi• 1"Ns
Staff Report
Rezoning
Request
Applicant's Name: Southern Construction, et al
Petition No. 16-005-R
The matter before the Local Planning Agency (LPA) and City Council is an application
for rezoning of the subject properties described above, totaling 0.80 acre, from IND to
CHV, Heavy Commercial encompassing lots 6 —10 of Block 58. The Applicant is also
requesting concurrent approval of a Special Exception for outdoor sales and storage of
sheds at 701 North Parrott Avenue (Lots 8, 9, and 10 of Block 58 involving 0.479 acre).
The current and proposed Future Land Use designations, zoning, existing use, and
acreage of the subject property and surrounding properties are shown in the following
tables and on the maps on pages 7 through 9.
Current Future Land Use, Zoning and Existing Land Use Characteristics
Future Land Use
Category
Zoning District
Existing
Commercial
IND, Industrial
Vacant office and out -buildings,
Use of Property computer repair shop, and U-Haul
facility.
Acreage 0.80 acre
Proposed
Commercial
CHV, Heavy Commercial
Outdoor sales and storage
on lots 8-10 (701 N. Parrott
Av.) Commercial uses on
lot 6 (709 N. Parrot Av.)
and lot 7 (703 N. Parrott
Av.) will remain and future
uses will be subject to
provisions of the CHV
District.
0.80 acre
2
Staff Report Applicant's Name: Southern Construction, et al
Rezoning Petition No. 16-005-R
Future Land Use Map Classification
North Zoning District
Existing Land Use
Future Land Use Map Classification
East Zoning District
Existing Land Use
Future Land Use Map Classification
South Zoning District
Existing Land Use
Future Land Use Map Classification
West Zoning District
Existing Land Use
Commercial
CHV, Heavy Commercial
U-Haul facility
Commercial
CHV, Heavy Commercial
Rita's Furniture, Oil change Svc.
Commercial
CHV, Heavy Commercial
Traveler's Motel
Industrial
IND, Industrial
Vacant & Cell tower
Section 70-340 of the Land Development Regulations requires that the reviewing body
find that an application for rezoning meets each of the following conditions. The
Applicant has provided comments to each of the required findings. These are repeated
below in Times Roman typeface exactly as provided by the Applicant. Staff has made no
attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments
are shown in this Arial typeface.
1. The proposed rezoning is not contrary to Comprehensive Plan requirements.
"Correct, it's not contrary."
Staff Comment:
The requested rezoning of the five lots is consistent with the Comprehensive Plan and will,
in fact, eliminate existing inconsistencies between the FLUM and the Zoning Map.
3
S"inr I'lurida (Local (.;n, r,ww •nn Sin— I91"ti
Staff Report
Rezoning
Applicant's Name: Southern Construction, et al
Petition No. 16-005-R
2. The proposed use being applied for is specifically authorized under the zoning district in the
Land Development Regulations. "
"Yes, 701 is being rezoned for a commercial outdoor retail by local family owned co. 703 &
709 are also being rezoned for future use under current and all land development
regulations."
Staff Comment:
Outdoor sales and storage is specifically identified as item (5) in the list of Special Exception
uses in the CHV Zoning District. Any future uses of the remaining properties at 703 and 709
N. Parrott Avenue will be governed by the list of Permitted or Special Exception uses in the
CHV Zoning District.
3. The proposed use will not have an adverse effect on the public interest.
"No adverse effects on any of these three properties."
Staff Comment: We agree. In fact, the rezoning of the subject properties will ensure consis-
tency between the Comprehensive Plan and Zoning. Furthermore, the future use of the
properties will be more in line with the types of commercial uses typically expected along a
major commercial corridor than would likely be the case under current Industrial zoning.
4. The proposed use is appropriate for the location proposed, is reasonably compatible with
adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns.
"Proposed use will not be detrimental to any urbanizing."
Comment: The current Industrial Zoning interrupts the continuous pattern of CHV zoning
along the west side of Parrott Avenue. The subject properties are more suitably located for
heavy commercial use than industrial use and more consistent with land use patterns in the
area and therefore the requested rezoning will contribute to encouraging the preferred
urbanizing land use pattern in the area.
5. The proposed use will not adversely affect property values or living conditions, or be a
deterrent to the improvement or development of adjacent property.
"No, the proposal will actually raise the value of each property."
Staff Comment: We agree.
- -: 4
Senin Plurid'i L"'A<;rrrnri':wenr,tiin:�, I9K1�
Staff Report Applicant's Name: Southern Construction, et al
Rezoning Petition No. 16-005-R
6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact
of'any nuisance or hazard to the neighborhood.
"Yes, proposed uses will not hazardly harm the neighborhood."
Staff Comment: All properties in the neighborhood, if not vacant, are developed with either
industrial or commercial uses. There should be little or no need to buffer surrounding uses
from the proposed use on the property, although Special Exception uses involve greater
scrutiny than uses permitted by right, and buffering could be required at the time the Special
Exception is considered or, if applicable, during site plan review.
7. The proposed use will not create a density pattern that would overburden public facilities
such as schools, streets, and utility services.
"Correct, it will not overburden the public or the utility companies."
Staff Comment: The proposed use is not residential and therefore has no density
component or effect upon schools. Furthermore, the likely uses to which the properties
would be put should result in little or no incremental increase on the demand for potable
water, wastewater treatment and disposal, solid waste collection and disposal, or impact on
the local roadway system.
8. The proposed use will not create traffic congestion, flooding or drainage problems, or
otherwise affect public safety.
"Traffic congestion to be kept at very minimal. No drainage problems, has county culverts &
not prone to flooding."
Staff Comment: No traffic congestion or other problems are expected. However, we
suggest that deliveries or pick-ups via semi -tractor trailers be limited to/from NW 7th
Avenue. If deliveries are conducted from US 441, they should be limited to non -
peak traffic hours.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
"Correct."
Staff Comment: We agree, the proposed use has not inordinately burdened by
unnecessary restrictions.
5
N--k
serving 1-1-4h Lncil 1;,n c IOSS
Staff Report Applicant's Name: Southern Construction, et al
Rezoning Petition No. 16-005-R
Recommendation
Based on the foregoing analysis, we find the requested rezoning to CHV to be consistent with
the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with
the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's
rezoning request.
Submitted by:
Wm. F. Brisson, AICP
Sr. Planner
November 29, 2016
Planning Board Public Hearing, December 15, 2016
City Council 1st Reading: January 17, 2017
City Council 2nd Reading: February 7, 2017
Attachments: Future Land Use, Subject & Environs
Zoning, Subject & Environs
Existing Land Use, Subject & Environs
SuiAi g Flwilka I.IK:1i
t ICCI'1; W I-111 I SlilII- I98S
Staff Report Applicant's Name: Southern Construction, et al
Rezoning Petition No. 16-005-R
FUTURE LAND USE
SUBJECT SITE AND ENVIRONS
EVE 7th St.
COMPREHENSIVE PLAN
LAND USE
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Staff Report
Rezoning
Applicant's Name- Southern Construction, et al
Petition No. 16-005-R
ZONING
SUBJECT SITE AND ENVIRONS
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Staff Report Applicant's Name: Southern Construction, et al
Rezoning Petition No. 16-005-R
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`Sy.Or'OKFFy CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT
CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974
s SUMMARY OF BOARD ACTION FOR DECEMBER 15, 2016
PAGE 1 OF 6
AGENDA ACTION - DISCUSSION - VOTE
I. CALL TO ORDER -Chairperson.
Regular Meeting, December 15, 2016, 6.00 P.M. Chairperson Hoover called the December 15, 2016, regular meeting to order at 6:00 P M
CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary
Chairperson Dawn Hoover
Vice Chairperson Doug McCoy
Board Member Elbert Batton
Board Member Phil Baughman
Board Member Karyne Brass
Board Member Mac Jonassaint
Board Member Les McCreary
Alternate Board Member Bobby Keefe
Alternate Board Member William O'Brien
Board Attorney John R. Cook
City Planning Consultant Bill Brisson, Senior Planner
Board Secretary Patty Bumette
III. AGENDA -Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
IV. MINUTES - Secretary.
A. Motion to dispense with the reading and approve the Summary of Planning
Board/Board of Adjustment and Appeals Action for the November 17, 2016,
regular meeting.
Board Secretary Bumette called the roll:
Present
Absent (with consent)
Absent (with consent)
Present
Absent (with consent)
Present
Present
Present (moved to voting position)
Present (moved to voting position)
Absent (with consent)
Present
Present
Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's
agenda There being none the agenda stands as published.
Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the regular
meeting of November 17, 2016, seconded by Member McCreary. There was no discussion on this item.
VOTE
HOOVER - YEA McCOY- ABSENT BATTON- ABSENT BAUGHMAN-YEA BRASS - ABSENT
li JONASSAINT - YEA MCCREARY - YEA KEEFE- YEA O'BRIEN - YEA MOTION CARRIED.
DECEMBER 15, 2016 - PLANNING BOARD - PAGE 2 OF 6
AGENDA ACTION - DISCUSSION - VOTE
V. OPEN QUASI-JUDICIAL PUBLIC HEARING - Chairperson. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:02 P.M.
A. Petition No. 16-005-R, to rezone from Industrial to Heavy Commercial Rezoning Petition No 16-005-R, is being requested by Mr. Mark Goodbread on behalf of the property owners,
Lots 6 through 10 of Block 58, CITY OF OKEECHOBEE, Plat Book 5, Gagbee, Inc , G4 Land & Cattle Company, and Southern Construction & Development, Inc. to rezone from Industrial
Page 5, Public Records of Okeechobee County, containing approximately (IND) to Heavy Commercial (CHV) Lots 6 through 10 of Block 58, CITY OF OKEECHOBEE, Plat Book 5, Page 5,
0.80 acres and located in the 700 block of North Parrott Avenue (Exhibit Public Records of Okeechobee County, containing approximately 0.80 acres and located in the 700 block of North
1). Parrott Avenue.
1. Administer of Oath (anyone intending to offer testimony on Petition No.
16-005-R will be required to take an oath, respond, and give your full name
and address) - Board Secretary.
2. Review Planning Staff Report - recommending approval
3. Hear from the Property Owner or designee/agent- Mark Goodbread, Vice
President of Southern Construction & Development, Inc.
4. Public comments or questions from those in attendance, or submitted to
the Board Secretary.
5. Disclosure of Ex-Parte Communications by the Board
6. a) Consideration of a recommendation to the City Council to approve or
deny the petition.
This being a quasi-judicial proceeding, Notary Public Patty Bumette administered an oath to those intending to offer
testimony, all responded affirmatively, and stated their names and addresses for the recordBill Brisson, Senior
Planner, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida, Ms. Samantha
Troxefl, 2316 Southeast 3111 Street Okeechobee, Florida, and Mr. Mark Goodbread, 12575 State Road 70 East,
Okeechobee, Florida
Planner Bdsson reviewed the Planning Staff Report and explained the applicant, Mr. Goodbread is requesting all of
Lots 6 through 10 of Block 58 be rezoned to CHV and concurrently requesting approval of a Special Exception for
outdoor sales and storage of sheds for Lots 8 through 10. Mr. Brisson noted a correction on page five of the Staff
Report stating his response to number eight should be the use is not the same as before and there will be a potential
traffic impact with the delivery of materials via semi -tractor trailer truck. He suggests deliveries or pickups are limited
to/from Northwest 711 Street. Should deliveries be conducted from North Parrott Avenue (US Highway 441), they
should be limited to non -peak traffic hours. Planning Staff is recommending approval based on the findings within the
Planning Staff Report
Ms. Troxell, business owner of Millie Troxefl Sheds, was present on behalf of the applicant and available for questions
from the Board In response to Mr. Brisson's comment regarding the deliveries, she responded the semi drivers will
come in on Northwest 711 Street, never on North Parrott Avenue and always before noon
Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were
none.
Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else
regarding the petition or visited the site. There were none stated.
Planning Staffs findings are as follows' The requested rezoning of the five lots would be consistent with the
Comprehensive Plan and will in fact eliminate existing inconsistencies between the Future Land Use Map and the
Zoning Map. The proposed use of outdoor sales and storage is permitted as a Special Exception Use in the CHV
Zoning District. Any future uses of the remaining properties located at 703 and 709 North Parrott Avenue would be
governed by the Permitted and Special Exception Uses in the CHV Zoning District. The proposed use will not have
DECEMBER 15, 2016 - PLANNING BOARD - PAGE 3 OF 6
AGENDA
ACTION - DISCUSSION - VOTE
V. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED.
A. 6. a) Consideration of a recommendation to the City Council to approve or
an adverse effect on the public interest as the future use of the properties will be more consistent with the types of
deny Petition No 16-005-R continued.
commercial uses typically expected along a major commercial comdor as opposed to the current Industrial Zoning.
The subject properties are more suitably located for heavy commercial use than industrial use and more consistent
with land use pattems in the area and therefore the requested rezoning will contribute to encourage the preferred
urbanizing land use pattern in the area. The proposed use will not adversely affect property values or living conditions,
or be a deterrent to the improvement or development of adjacent property. The proposal will actually raise the value of
each property. All properties in the neighborhood, if not vacant, are currently developed with either commercial or
industrial uses, There should be little or no need to buffer surrounding uses from the proposed use on the property
although, Special Exception uses involve greater scrutiny than permitted uses and buffering could be required at the
time of consideration or if applicable during site plan review. The proposed use will not create a density pattern that
would overburden public facilities such as schools, streets, and utility services as the proposed use is not residential.
The proposed uses should result in little to no incremental increase on the demand for potable water, wastewater
treatment and disposal, solid waste collection and disposal, or impact on the local roadway system. A potential traffic
impact could be delivery of materials via semi -tractor trailer. Suggestion would be to have deliveries and/or pickups via
semi -tractor trailer limited to/from Northwest 7" Street. Should deliveries be conducted from North Parrott Avenue (US
Highway 441), then they should be limited to non -peak traffic hours The proposed use should not create flooding
problems and has not been inordinately burdened by unnecessary restrictions.
b) Board discussion.
c) Vote on motion.
Motion and a second offered by Members Baughman and Keefe to recommend approval to the City Council for
Petition No. 16-005-R, to rezone from IND to CHV Lots 6 through 10 of Block 58, CITY OF OKEECHOBEE, Plat Book
5, Page 5. Public Records of Okeechobee County, containing approximately 0.80 acres and located in the 700 block of
North Parrott Avenue.
Chairperson Hoover asked whether there was any further discussion. There was none.
VOTE
HOOVER - YEA McCOY- ABSENT BATTON- ABSENT BAUGHMAN-YEA BRASS -ABSENT
JONASSAINT - YEA MCCREARY - YEA KEEFE- YEA 0"BRIEN-YEA MOTIONCARRIED.
The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively February
7, 2017 6 pm.
AGENDA
V. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED.
B. Petition No. 16-005-SE, to allow outdoor sales and storage within a
Heavy Commercial Zoning District, (Ref. Sec. 90-283(5)) for Lots 8
through 10 of Block 58, CITY OF OKEECHOBEE, Plat Book 5, Page 5,
Public Records of Okeechobee County, containing approximately 0.48
acres and located at 701 North Parrott Avenue (Exhibit 2).
1. Administer of Oath (anyone intending to offer testimony on Pet'on No.
16-005-SE will be required to take an oath, respond, and give your full
name and address) — Board Secretary
2. Review Planning Staff Report — recommending approval with special
conditions.
3. Hear from the Property Owner or designee/agent —Mark Goodbread, Vice
President of Southern Construction & Development, Inc.
4. Public comments or questions from those in attendance, or submitted to
the Board Secretary.
5. Disclosure of Ex-Parte Communications by the Board.
6. a) Consideration of a motion to approve or deny the petition with/without
special conditions.
DECEMBER 15.2016 — PLANNING BOARD - PAGE 4 OF 6
ACTION - DISCUSSION - VOTE
Special Exception Petition No 16-005-SE, requests to allow outdoor sales and storage within a CHV Zoning District,
(Ref. Sec. 90-283(5)), for Lots 8 through 10 of Block 58, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public
Records of Okeechobee County, containing approximately 0.48 acres and located at 701 North Parrott Avenue. The
petition was submitted by Mr. Mark Goodbread, Vice President of Southern Construction & Development, Inc.
This being a quasi-judicial proceeding, Notary Public Patty Bumette administered an oath to those intending to offer
testimony, all responded affirmatively, and stated their names and addresses for the record: Bill Brisson, Senior
Planner, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida, Ms. Samantha
Troxell, 2316 Southeast 31u Street Okeechobee. Florida, and Mr. Mark Goodbread, 12575 State Road 70 East,
Okeechobee, Florida.
Chairperson Hoover yielded the floor to Mr. Bill Brisson, Senior Planner for LaRue Planning and Management
Services, Inc. Mr. Brisson explained the subject property is currently zoned IND and is the subject of a pending
rezoning to CHV. The owner/applicant intends to lease the property for outdoor sales and storage of sheds and
gazebos with a small portion of the building to be used as a business office for the sales operation. The business will
have one employee with outdoor operating hours from 10 AM to 4 PM Tuesday through Saturday. Sales inventory
items will be delivered to the site by semi -tractor trailer once or twice per month plus local delivery/shed pick-up.
All criteria required for granting a Special Exception in the Land Development Regulation is met with the exception
of needing to provide new paving of parking spaces and driveways. Planner Brisson recommends approval based
on the findings within the Planning Staff Report and the condition of the exception listed above.
Ms, Troxell, business owner of Millie Troxell Sheds, was present on behalf of the applicant and available for questions
from the Board. There were none.
Chairperson Hoover asked whether there were any comments or questions from those in attendance There were
none. Secretary Bumette noted for the record the petition was advertised in the local newspaper, a sign was posted
on the subject property and courtesy notices were mailed to 18 surrounding property owners.
Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else
regarding the application or visited the site. There were none.
Planning Staffs recommendation for approval is based on two sets of criteria. One being the site's consistency with
the current Land Development Regulations (LDR's), and the other, findings required to consider a Special Exception.
Planning Staffs responses to the applicant's presentation on consistency with the LDR's are, the location and site
DECEMBER 15, 2016 — PLANNING BOARD - PAGE 5 OF 6
I AGENDA I ACTION - DISCUSSION - VOTE
QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED.
B. 6. a) Consideration of a motion to approve or deny Petition No 16-005-SE
with/without special conditions
are appropriate for the proposed use, Previously zoned IND, the site is situated along the City's commercial corridor
and is better suited to a commercial use. The CHV Zoning District specifically identifies outdoor sales and storage as
a Special Exception Use No specific design efforts are needed. The applicant does not envision any new
construction or structural changes to the existing building that has existed on the property. The display of sheds,
gazebos and similar items is compatible with adjacent and nearby commercial uses. The visual appearance of the
subject property is expected to be an improvement over the existing situation. No special landscaping is necessary.
The only potential hazard that Planning Staff envisions would be the delivery of materials to the property by
semi -tractor trailers. Planning Staff suggests deliveries or pickups by semi -tractor trailers are limited to/from
Northwest Th Street. Should deliveries be conducted from North Parrott Avenue (US Highway 441), they should be
limited to non -peak traffic hours. The use should not create any additional demands for potable water, sanitary sewer
services or provision of any other municipal services. The property owner will need to provide adequate parking that
meets City standards to accommodate the office use and outdoor storage as well as paving the driveway access to
accommodate delivery by semis.
Planning Staffs responses to the applicants presentation on the required findings are, the property is designated
Commercial on the Future Land Use Map and the proposed use is not contrary to the Comprehensive Plan. Outdoor
sales and storage is included under the list of Special Exception Uses in the CHV Zoning District. The proposed use
will not have an adverse effect on the public interest. The use is appropriate for the proposed location, is compatible
with adjacent uses, and is not detrimental to urbanizing land use. The use will not affect property values or living
conditions, nor be a deterrent to the development of adjacent property. Aside from improving the parking and
driveway(s) to/from the site, there will be no significant changes to the property Therefore, neither special visual
screening nor other improvements will be necessary. The proposed use is commercial and density is not a
consideration The use should not be such that it would be expected to overburden any public facilities such as
streets, schools, and utility services. The proposed use is not expected to create traffic congestion. Additional
impervious surfaces will be increased by the paving of driveways and parking spaces, which may involve attention to
drainage requirements.
Motion and a second offered by Members Baughman and McCreary to approve Petition No. 16-005-SE, to allow
outdoor sales and storage within a CHV Zoning District, (Ref. Sec. 90-283(5)), for Lots 8 through 10 of Block 58,
CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately
0 48 acres and located at 701 North Parrott Avenue with the following special condition:
Because the new use will involve new paving of parking and driveways, and because such improvements are
required to be shown on a site plan, we suggest that this use be subject to site plan review.
— PLANNING BOARD - PAGE 6 OF 6
I AGENDA I ACTION - DISCUSSION - VOTE I
9
B. 6. b) Board discussion to approve or deny Petition No. 16-005-SE
with/without special conditions continued.
c) Vote on motion.
CLOSE PUBLIC HEARING — Chairperson.
VI. NEW BUSINESS.
A. Consider any additional requests for amendments to the City's Land
Development Regulations - Chairperson.
VIL ADJOURNMENT —Chairperson.
Please take notice and be advised that when a person decides to appeal any decision made
by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered
at this proceeding, heishe 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. General Services media are for the sole purpose of backup for official records.
Dawn T Hoover, Chairperson
ATTEST.
Patty M. Bumette, Secretary
Chairperson Hoover asked whether there was any further discussion. There was none
VOTE
HOOVER - YEA McCoy - ABSENT BATTON— ABSENT BAUGHMAN - YEA BRASS - ABSENT
JONASSAINT — YEA MCCREARY — YEA KEEFE— YEA O'BRIEN — YEA MOTION CARRIED.
I CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:14 P.M.
Chairperson Hoover asked whether there were any requests for amendments to the Land Development
Regulations. There were none offered.
There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 614 p.m.
PURCHASE REQUISITION
0�
`
CITY OF OKEECHOBEE
55 S.E. Third Avenue
>6
Okeechobee, FL 34974-2903
"79�5
Tel: 863-763-3372
TO: f
Fax: 863-763-1686
_.z�zt
THIS ORDER SUBJECT TO CONDITIONS ON FACE.
NO CHANGES MAY BE MADE WITHOUT WRITTEN
PERMISSION OF PROCUREMENT MANAGEMENT_
SHIP TO:
f'
Req. No.
Important: This number must
be shown on all invoices,
packages, cases, tickets and
correspondence.
City of Okeechobee - Police Dept.
50 SE 2nd Avenue
Okeechobee,FL 34974
INVOICE IN DUPLICATE:
DATE
VENDOR NO.
DELIVERY DATE
ISHIP VIA BEST WAY
F.O.B. DEST.
ITERMS
c .
ITEM NO
ACCT. NUMBER
QUANTITY
UNIT
DESCRIPTION
UNIT
AMOUNT
CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION
TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES 1N YOUR INVOICE. /
EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST.
STATE SALES TAX EXEMPTION NO.85-8012621656C-6
FED ERA I.D. NO 59-60000-393
i r AUTH RIZED SIGNATURE
0 PARTIAL 0 FINAL
Call Us rrst, for tilt ofyour Fleet Automotive, & Light Truck needs.
CELL PHONE 954 383-1009
OFFICE (954) 441-2034 FAX (954) 441-2004 EMAIL SCHENRYI(a.COMCAST,NET
sys 1- 0-1 hfi- 3ivd Qer�ibroi a ��p s, �l 3027
REQUESTING AGENCY.
ORIGINAL QUOTE DATE
CONTACT PERSON:
PHONE NUMBER:
FAX NUMBER:
QUICK QUOTE SHEET
FOR VEHICLES SOLD UNDER THE FLORIDA SHERIFF'S ASSOCIATION CONTRACT
FSA BID NO. 16-VEH14.0 & VEL 24.0
PAGE 1 of 1
Okeechobee Police Department
113/2017 REVISED QUOTE DATE:
Donald Hagen
CELL PHONE:
e-mail-
MODEL: 2017 Dodge Charger PPV RWD (LDOE48) SPECIFICATION #: 2
PAGE #
BASE DISTRICT PRICE: $21,099.00
OPTION CODE #
Comments:
http://www.fisheriffs.org
DESCRIPTION OPTION COST
EXTERIOR COLOR WHITE W/ DARKEST INTERIOR POSSIBLE UNLESS STD
NOTED OTHERWISE IN THE PO
................ ......................... ...................... ,......................... ........................ I...... ................................
.............. ................................_........... .--- ................................ ................... ..................................... ............................. ....... ..._...................... ............ ...........
......
Vinyl Rear.Seat-Cloth Front
....... _.. .... _...... _... _..... _... _.... __..................................
LeftSide Spotlight...................................................................................................................
Vinyl Floor ...............................
.F....ul.l Size .....S.pare... ...............................................................................................................................................
TOTAL OF OPTIONS:
TOTAL COST:
Ind
...................................... ...............................
Incl
Std
Std
$0.00
$21,099.00
CITY 1 = $21,099.00
AUTO NATION CRYSLER DODGE JEEP RAM
VEHICLE QUOTED BY: Steve Henry, Fleet Manager schenrylacomcast.net
'Y Want to be Your Fleet Provider"
I appreciate the opportunity to submit this quotation. Please review it carefully. IF there are any errors or changes, please feel free to contact me at any
time. I am always happy to be of assistance
Okeechobee Police- 10-12-16-FSA 2017 PPV QUOTE SHEET
PURCHASE REQUISITION
CITY OF OKEECHOBEE
o a> = 55 S.E. Third Avenue
>d Okeechobee, FL 34974-2903
*79'1 * Tel: 863-763-3372
Fax: 863-763-1686
TO:
THIS ORDER SUBJECT TO CONDITIONS ON FACE.
NO CHANGES MAY BE MADE WITHOUT WRITTEN
PERMISSION OF PROCUREMENT MANAGEMENT.
SHIP TO:
y
Exhibit, 3
Req. No.
Important: This number must
be shown on all invoices,
packages, cases, tickets and
correspondence.
City of Okeechobee - Police Dept.
50 SE 2nd Avenue
Okeechobee,FL 34974
INVOICE IN DUPLICATE:
DATE
VENDOR NO.
DELIVERY DATE
SHIP VIA BEST WAY
F.O.B. DEST.
TERMS
ITEM NO
ACCT. NUMBER
QUANTITY
UNIT
DESCRIPTION
UNIT
AMOUNT
CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION
TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE.
EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST.
STATE SALES TAX EXEMPTION NO.85-8012621656C-6
FEDERAL I.D. NO 59-60000-393
AlTH RIZED SIGNATURE
0 PARTIAL 0 FINAL
DANA SAFETY SUPPLY, INC
5221 W. MARKET ST
GREENSBORO, NC 27409
Telephone: 800-845-0405
Bill To
OKEECHOBEE POLICE DEPT
50 S.E. 2nd AVE.
OKEECHOBEE, FL 34974
USA
Contact: LT. DONALD HAGAN
Telephone: 863-763-5521
E-mail: OPDDONALDHAGAN@YAHOO.COM
Sales Quote
Sales Quote No. 199309
Customer No. OKECP
Shin To
OKEECHOBEE POLICE DEPT
50 S.E. 2nd AVE.
OKEECHOBEE, FL 34974
USA
Contact: LT. DONALD HAGAN
Telephone: 863-763-5521
E-mail: OPDDONALDHAGAN a,YAHOO.COM
uote Date
Ship Via
F.O.B.
Customer PO Number
Payment Method
12/29/16 1 GROUND FOB DESTINATION 2017 CHARGER ADMIN
NET30
EDWIN SALGADO
EDWIN SALGADO-Miami
MJR. HAGAN
85-8012621656C6
uantit
Q y
Quantity
Tax
Item Number / Description
Price
Price
****
017 DODGE
HARG
.R, SLICK TOP, UNIT# ****
Approved By:
11 Approve All Items & Quantities
Ouote Good for 30 Days
Print Date 12/29/16
Print Time 04:36:20 PM
Page No. 4
Printed By: EDWIN SALGADO
Subtotal 2,142.00
Freight 0.00
Order Total 2,142.00
DANA SAFETY SUPPLY, INC
5221 W. MARKET ST
GREENSBORO, NC 27409
Telephone: 800-845-0405
Bill To
OKEECHOBEE POLICE DEPT
50 S.E. 2nd AVE.
OKEECHOBEE, FL 34974
USA
Contact: LT. DONALD HAGAN
Telephone: 863-763-5521
E-mail: OP DDONALDHAGAN @YAHOO. CO M
Sales Quote
Sales Quote No. 199309
Customer No. OKECP
Shio To
OKEECHOBEE POLICE DEPT
50 S.E. 2nd AVE.
OKEECHOBEE, FL 34974
USA
Contact: LT. DONALD HAGAN
Telephone: 863-763-5521
E-mail: OPDDONALD HAGAN@YAHOO. C OM
Date
IShip Via
F.O.B.
Customer PO Number
Payment Method
.Quote
12/29/16
J GROUND
FOB DESTINATION 2017 CHARGER ADMIN
NET30
EDWIN SALGADO
EDWIN SALGADO-Miami
MJR. HAGAN
85-8012621656C6
Quantity
Quantity
Tax
Item Number / Description
Price
Price
1
l
Y
WEC-AVN1
95.0000
95.00
Whelen Single 9-LED Avenger W/Clear Lens
Blue
Warehouse: MIAM
(1) UPPER FRONT WINSHIELD LIGHT
'AVNIB"
1
I
Y
WEC-AVN1
95.0000
95.00
Whelen Single 9-LED Avenger W/Clear Lens
Red
Warehouse MIAM
(1) UPPER FRONT WINSHIELD LIGHT
*AVN1R"
2
2
Y
AVNBKT5
9.0000
18.00
WEC HEADLINER BRACKET FOR AVENGER
Warehouse: MIAM
1
1
Y
AVN2BB
175.0000
175.00
WEC DUAL AVENGER - BLUEBLUE
Warehouse: MIAM
(1) REAR DECK LIGHTS
I
I
Y
AVN2RR
175.0000
175.00
WEC DUAL AVENGER-RED/RED
Warehouse: MIAM
(1) REAR DECK LIGHTS
Print Date 12/29/16
Print Time 04-36:20 PM
Page No. ]
Printed By: EDWIN SALGADO
Continued on Next Page
DANA SAFETY SUPPLY, INC
5221 W. MARKET ST
GREENSBORO, NC 27409
Telephone: 800-845-0405
Bill To
OKEECHOBEE POLICE DEPT
50 S.E. 2nd AVE.
OKEECHOBEE, FL 34974
USA
Contact: LT, DONALD HAGAN
Telephone: 863-763-5521
E-mail: OPDDONALDHAGAN@YAHOO.COM
Sales Quote
Sales Quote No. 199309
Customer No. OKECP
Shin To
OKEECHOBEE POLICE DEPT
50 S.E. 2nd AVE.
OKEECHOBEE, FL 34974
USA
Contact: LT. DONALD HAGAN'
Telephone: 863-763-5521
E-mail: OPDDONALDHAGAN a,YAHOO.COM
note Date
Ship Via
F.O.B.
Customer PO Number
Payment Method
12/29/16 1 GROUND FOB DESTINATION 2017 CHARGER ADMIN
NET30
EDWIN SALGADO
EDWIN SALGADO-Miami
MJR. HAGAN
85-8012621656C6
Quantity
Q y
Quantity
Tax
Item Number / Description
Price
Price
4
4
Y
WEC-ION
79.0000
316.00
Whelen ION Led, Black Housing & Universal Mount
Blue -Red
Warehouse: MIAM
(2) GRILL LIGHTS
(2) REAR SIDE DOOR LIGHTS
** IONJ **
1
I
Y
WEC-295SLSA6
285.0000
285.00
Whelen 100/20OW Scan -Lock Self -Contained Siren/Switch
Warehouse: MIAM
1
1
Y
SA315P
139.0000
139.00
WEC 100W COMPACT BLACK COMPOSITE 122dB SPEAKER
Warehouse: MIAM
1
1
Y
SAK37
0.0000
0.00
WEC SA315 BRACKET FOR 2011 + CHARGER
Warehouse: MIAM
(INCLUDED)
1
I
Y
ETFBSSN-P
39.0000
39.00
SOI 100% SOLID STATE TAIL LIGHT FLASHER (12-WIRE)
Warehouse: MIAM
CUSTOM TAILLIGHT FLASHER
Print Date 12/29/16
Print Time 04:36:20 PM
Page No. 2
Printed By: EDWIN SALGADO
Continued on Next Page
DANA SAFETY SUPPLY, INC
5221 W. MARKET ST
GREENSBORO, NC 27409
Telephone: 800-845-0405
Bill To
OKEECHOBEE POLICE DEPT
50 S.E. 2nd AVE.
OKEECHOBEE, FL 34974
USA
Contact: LT. DONALD HAGAN
Telephone: 863-763-5521
E-mail: OPDDONALDHAGAN@YAHOO.COM
Sales Quote
Sales Quote No. 199309
Customer No. OKECP
Shin To
OKEECHOBEE POLICE DEPT
50 S.E. 2nd AVE.
OKEECHOBEE, FL 34974
USA
Contact: LT. DONALD HAGAN
Telephone: 863-763-5521
E-mail: OPDDONALDHAGAN@YAHOO. COM
Quote Date
Ship Via
F.O.B.
Customer PO Number
Payment Method
12/29/16 GROUND FOB DESTINATION
2017 CHARGER ADMIN
NET30
EDWIN SALGADO
EDWIN SALGADO-Miami
MJR. HAGAN
85-8012621656C6
Quantity
Quantity
Tax
Item Number / Description
Unit
Price
Extended
Price
1
1
Y
C-VS-2500-CHGR-1
310.0000
310.00
HAVIS 25" CONSOLE 2011 + DODGE CHARGER
Warehouse: MIAM
CONSOLE INCLUDES 2-12 VDC KNOCKOUTS (OUTLETS SOLD
SEPERATELY) AND THE FOLLOWING EQUIPMENT BRACKETS:
1) C-EB40-WS2-IP (SIREN)
1) C-EB30-CH7- I P (RADIO)
AND WHATEVER FILLER PLATES NECESSARY TO COMPLETE THE
INSTALLATION.
1
I
Y
C-CUP2-I
0.0000
0.00
HAV 4 HIGH PLATE TWO CUP HOLDER INTERNAL MNT
Warehouse: MIAM
(INCLUDED)
2
2
Y
C-MC
0.0000
0.00
HAV CONSOLE MICROPHONE CLIP
Warehouse: MIAM
2
2
Y
C-MCB
0.0000
0.00
HAV CONSOLE MICROPHONE CLIP BRACKET
Warehouse: MIAM
1
1
N
INSTALL
495.0000
495.00
DSS INSTALLATION OF EQUIPMENT
Warehouse: MIAM
SPECIFICS:ALL INSTALLS ARE PERFORMED BY EVT CERTIFY
TECHNICIANS. INSTALL OF ALL ABOVE EQUIPMENT.
Print Date 12/29/16
Print Time 04:36:20 PM
Page No. 3
Printed By: EDWIN SALGADO
Continued on Next Page
DEP AGREEMENT NO. NS018
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESTORATION ASSISTANCE
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1641 OF THE FY15-16 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F.S.), between the STATE
OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the CITY OF
OKEECHOBEE, whose address is 55 Southeast 3rd Avenue, Okeechobee, FL 34974 (hereinafter referred to as
"Grantee"), a local government, to provide financial assistance for the Okeechobee Centennial Park Water Quality
Improvement Project. Collectively, the Department and the Grantee shall be referred to as "Parties" or individually
as a "Party".
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
TERMS OF AGREEMENT:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and
"Recipient" are used interchangeably.
2. PERIOD OF AGREEMENT:
This Agreement shall begin upon execution by both parties and shall remain in effect until February 1, 2019,
inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of
execution through the expiration date of this Agreement. The Grantee may claim allowable project
expenditures made on or after March 1, 2014 for purposes of meeting its match requirement identified in
paragraph 3. This Agreement may be amended to provide for additional services if additional funding is
made available by the Legislature.
FUNDING/CONSIDERATION/INVOICING:
A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms
of this Agreement, the Department shall pay the Grantee on a cost -reimbursement basis up to a
maximum of $183,630.00 towards the total estimated project cost of $367,260.00. The parties hereto
understand and agree that this Agreement requires at least a 50% match on the part of the Grantee.
Therefore, the Grantee is responsible for providing $183,630.00 through cash or third party in -kind
towards the work funded under this Agreement. It is understood that any additional funds necessary
for the completion of this project are the responsibility of the Grantee. The Grantee will report a
summary of project expenditures to the Department in the Final Report as required under the Final
Report Task in Attachment A. If, upon completion of this Project, actual Project costs are less than
the total estimated Project costs, and there are no pending payment requests, the Grantee's required
match may be reduced proportionately, as long as at least a fifty percent (50%) match of the actual
total cost of the Project is provided by the Grantee and the reduced amount satisfies statutory and
program requirements.
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement.
DEP Agreement No. NS018, Page 1 of 13
A Change Order to this Agreement is required when task timelines within the current
authorized Agreement period change, and/or when the cumulative transfer of funds
between approved budget categories, as defined in Attachment A, are less than ten percent
(10%) of the total budget as last approved by the Department. Grantee match funds may
be transferred between approved budget categories with a Change Order and are not subject
to the ten percent (10%) cumulative transfer limit. All Change Orders are subject to the
mutual agreement of both parties as evidenced in writing.
ii. A formal Amendment to this Agreement is required for changes which cause any of the
following: an increase or decrease in the Agreement funding amount; a change in the
Grantee's match requirements, other than budget category transfers referenced in
Paragraph 3.B.i. above; a change in the expiration date of the Agreement; and/or changes
to the cumulative amount of funding transfers between approved budget categories, as
defined in Attachment A, exceeds or is expected to exceed ten percent (10%) of the total
budget as last approved by the Department. All Amendments are subject to the mutual
agreement of both parties as evidenced in writing.
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of each deliverable identified in Attachment A, in
accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B,
Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance
with laws, rules and regulations applicable to expenditures of State funds, including, but not limited
to, the Reference Guide for State Expenditures, which can be accessed at the following web address:
hup: w,,�«.nn-tloridacto com;aadir rctzrence «uide. All invoices for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A
final payment request should be submitted to the Department no later than sixty (60) calendar days
following the completion date of the Agreement, to assure the availability of funds for payment. All
work performed pursuant to Attachment A must be performed on or before the completion date of
the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices
and backup documentation to support the final payment request.
D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth
in Attachment C, Contract Payment Requirements. The Payment Request Summary Form shall
be accompanied by supporting documentation and other requirements as follows for each
deliverable. Reimbursement shall be limited to the following budget categories
i. Salaries/Wages —The Grantee shall not be reimbursed for direct salaries or multipliers (i.e.,
fringe benefits, overhead, indirect, and/or general and administrative rates) for Grantee's
employees. However, the Grantee may document these expenditures for meeting its match
requirements.
ii. Overhead/Indirect/General and Administrative Costs — All multipliers used (i.e., fringe
benefits, overhead, indirect, and/or general and administrative rates) shall be supported by
audit. If the Department determines that multipliers charged by the Grantee exceeded the
rates supported by audit, the Grantee shall be required to reimburse such funds to the
Department within thirty (30) calendar days of written notification. Interest on the
excessive charges shall be calculated based on the prevailing rate used by the State Board
of Administration.
a. Fringe Benefits — Shall not be reimbursed under this Agreement, but may be used
by the Grantee as a matching contribution.
Contractual (Subcontractors) — Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
DEP Agreement No. NS018, Page 2 of 13
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours spent on the project.
All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and
administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30)
calendar days of written notification. Interest on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration. Subcontracts,
which involve equipment purchases as part of an installation/retrofit or that include
infrastructure and/or infrastructure improvements, as defined in Florida Chief Financial
Officer (CFO) Memorandum No. 5 (2011-2012), must be capitalized in accordance with
Chapter 69I-72, Florida Administrative Code (F.A.C.). The Grantee shall be responsible
for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services. The Grantee shall comply with this
requirement and ensure its subcontracts issued under this Agreement, if any, impose this
requirement, in writing, on its subcontractors.
For fixed -price (vendor) subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed -price subcontracts to
consultants/contractors in performing the work described in Attachment A.
Invoices submitted to the Department for fixed -price subcontracted activities
shall be supported with a copy of the subcontractor's invoice and a copy of the
tabulation form for the competitive procurement process (i.e., Invitation to Bid
or Request for Proposals) resulting in the fixed -price subcontract.
b. The Grantee may request approval from the Department to award a fixed -price
subcontract resulting from procurement methods other than those identified in
the paragraph above. In this instance, the Grantee shall request the advance
written approval from the Department's Grant Manager of the fixed price
negotiated by the Grantee. The letter of request shall be supported by a detailed
budget and Scope of Services to be performed by the subcontractor. Upon
receipt of the Department Grant Manager's approval of the fixed -price amount,
the Grantee may proceed in finalizing the fixed -price subcontract.
C. All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department
will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost
allocation guidelines), as appropriate. This information, when requested, must be provided within
thirty (30) calendar days of such request. The Grantee may also be required to submit a cost
allocation plan to the Department in support of its multipliers (overhead, indirect, general
administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the
Department of Financial Services' Reference Guide for State Expenditures at
Imp: www.mvfloridacfo.com;aadirI-Cference snide;.
The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for separately.
Grantees are prohibited from commingling funds on either a program -by -program or a
project -by -project basis. Funds specifically budgeted and/or received for one project may
not be used to support another project. Where a Grantee's, or subrecipient's, accounting
system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a
system to provide adequate fund accountability for each project it has been awarded.
DEP Agreement No. NS018, Page 3 of 13
If the Department finds that these funds have been commingled, the Department shall have
the right to demand a refund, either in whole or in part, of the funds provided to the Grantee
under this Agreement for non-compliance with the material terms of this Agreement. The
Grantee, upon such written notification from the Department shall refund, and shall
forthwith pay to the Department, the amount of money demanded by the Department.
Interest on any refimd shall be calculated based on the prevailing rate used by the State
Board of Administration. Interest shall be calculated from the date(s) the original
payment(s) are received from the Department by the Grantee to the date repayment is made
by the Grantee to the Department.
iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed
by the Department, from another source(s), the Grantee shall reimburse the Department for
all recovered funds originally provided under this Agreement. Interest on any refund shall
be calculated based on the prevailing rate used by the State Board of Administration.
Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to
the date repayment is made to the Department by the Grantee.
4. ANNUAL APPROPRIATION:
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of
future appropriations. Authorization for continuation and completion of work and payment associated
therewith may be rescinded with proper notice at the discretion of the Department if Legislative
appropriations are reduced or eliminated.
5. REPORTS:
The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the
reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the
next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than
twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood
and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June
30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days
to review the required reports and deliverables submitted by the Grantee.
6. RETAINAGE:
A. Department reserves the right to establish the amount and application of retainage on the work
performed under this Agreement to a maximum of 10%. Retainage may be withheld from each
payment to Grantee pending satisfactory completion of work and approval of all deliverables.
B. Department reserves the right to withhold payment of retainage for Grantee's failure to respond to
or correct identified deficiencies within the timeframe stipulated in Attachment A, Grant Work
Plan. Department shall provide written notification to Grantee of identified deficiencies and
Department's intent to withhold retainage. Grantee's failure to rectify the identified deficiency
within the timeframe stated in Department's notice will result in forfeiture of retainage by Grantee.
C. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner,
Grantee shall forfeit its right to payment for the work and the retainage called for under the entire
Attachment A, Grant Work Plan. Failure to perform includes, but is not limited to, failure to
submit the required deliverables or failure to provide adequate documentation that the work was
actually performed.
D. No retainage shall be released or paid for uncompleted work while this Agreement is suspended.
DEP Agreement No. NSO IS, Page 4 of 13
E. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work,
provided Grantee has completed the work and submits an invoice for retainage held, in accordance
with paragraph 3 above.
INDEMNIFICATION:
Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees
and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign
immunity or the provisions of Section 768.28, Florida Statutes. Further, nothing herein shall be construed as
consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter
arising out of any contract or this Agreement.
DEFAULT/TERMINATION/FORCE MAJEURE:
A. The Department may terminate this Agreement at any time if any warranty or representation made
by Grantee in this Agreement or in its application for funding shall at any time be false or misleading
in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this
Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written
notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the
Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty
(30) calendar day's written notice. If the Department terminates the Agreement for convenience, the
Department shall notify the Grantee of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement
is terminated before performance is completed, the Grantee shall be paid only for that work
satisfactorily performed for which costs can be substantiated.
C. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of
the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within
seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated length
and cause of the delay, the measures taken or to be taken to minimize the delay and the Grantee's
intended timetable for implementation of such measures. If the parties agree that the delay or
anticipated delay was caused, or will be caused by a force majeure, the Department may, at its
discretion, extend the time for performance under this Agreement for a period of time equal to the
delay resulting from the force majeure upon execution of an amendment to this Agreement. Such
agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying
the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance,
act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive
timely necessary third party approvals through no fault of the Grantee, and any other cause, whether
of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of
the Grantee and/or the Department. The Grantee is responsible for the performance of all services
issued under this Agreement. Failure to perform by the Grantee's consultant(s) or subcontractor(s)
shall not constitute a force majeure event.
REMEDIES/FINANCIAL CONSEQUENCES:
No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a
deliverable is deemed unsatisfactory by the Department, the Grantee shall re -perform the services needed for
submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) calendar days
of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the
specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure
to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under
this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the
Department. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar
days.
DEP Agreement No. NS018, Page 5 of 13
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Grant Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing
whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have
ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised
proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result
in the Department's termination of this Agreement for cause as authorized in this Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP
by the Department does not relieve the Grantee of any of its obligations under the Agreement. In
the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department
shall retain the right to require additional or further remedial steps, or to terminate this Agreement
for failure to perform. No actions approved by the Department or steps taken by the Grantee shall
preclude the Department from subsequently asserting any deficiencies in performance. The Grantee
shalt continue to implement the CAP until all deficiencies are corrected. Reports on the progress of
the CAP will be made to the Department as requested by the Department Grant Manager.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of the
Agreement.
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above, as permitted by the Agreement.
10. RECORD KEEPING/AUDIT:
A. The Grantee shall maintain books, records and documents directly pertinent to performance under
this Agreement in accordance with United States generally accepted accounting principles (US
GAAP) consistently applied. The Department, the State, or their authorized representatives shall
have access to such records for audit purposes during the term of this Agreement and for five (5)
years following the completion date or termination of the Agreement. In the event any work is
subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access
to such records for audit purposes.
B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
Department's Inspector General in any investigation, audit, inspection, review, or hearing. The
Grantee wilt comply with this duty and ensure that its subcontracts issued under this Grant, if any,
impose this requirement, in writing, on its subcontractors.
11. SPECIAL AUDIT REQUIREMENTS:
A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto
and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment
which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of
Exhibit 1, the Grantee shall notify the Department's Grant Manager to request a copy of the updated
information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
DEP Agreement No. NS018, Page 6 of 13
guidance provided under 2 CFR §200.330 for determining whether the relationship represents that
of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled
"Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following
website:
https: ai)[is.ilclts.co n`.fsaa
The Grantee should confer with its chief financial officer, audit director or contact the Department for
assistance with questions pertaining to the applicability of these requirements.
12. SUBCONTRACTS:
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager except for certain fixed -price subcontracts pursuant to paragraph 3.D.
of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed
subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless
of any subcontract, the Grantee is ultimately responsible for all work to be performed under this
Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included
in any subcontract and agrees to be responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to
any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee
shall be solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
B. The Department supports diversity in its procurement program and requests that all subcontracting
opportunities afforded by this Agreement embrace diversity enthusiastically. The award of
subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority
owned firms that could be offered subcontracting opportunities may be obtained by contacting the
Office of Supplier Diversity at (850) 487-0915.
13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which
50 percent or more of the cost will be paid from state -appropriated funds which have been
appropriated at the time of the competitive solicitation, a state college, county, municipality, school
district, or other political subdivision of the state may not use a local ordinance or regulation that
provides a preference based upon:
i. The contractor's maintaining an office or place of business within a particular local
jurisdiction;
ii. The contractor's hiring employees or subcontractors from within a particular local
jurisdiction; or
iii. The contractor's prior payment of local taxes, assessments, or duties within a particular
local jurisdiction.
B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county,
municipality, school district, or other political subdivision of the state shall disclose in the
solicitation document that any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph A.
14. LOBBYING PROHIBITION:
In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by this
Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Further, in
accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem,
DEP Agreement No. NS018, Page 7 of 13
appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall
be used by any state employee or other person for lobbying purposes.
15. COMPLIANCE WITH LAW:
The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee acknowledges that this requirement includes,
but is not limited to, compliance with all applicable federal, state and local health and safety rules and
regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this
Agreement.
16. NOTICE:
All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a
courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an
electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to
the parties at the addresses identified under paragraph 17.
17. CONTACTS:
The Department's Grant Manager (which may also be referred to as the Department's Project Manager) at
the time of execution for this Agreement is identified below:
Taufi ul Aziz, or Successor
Florida Department of Environmental Protection
Division of Water Restoration Assistance
3900 Commonwealth Blvd., MS# 3570
Tallahassee, Florida 32399
Telephone No.:
(850) 245-2950
E-mail Address:
Taufiqul.aziz a)dep.state.fl.us
The Grantee's Grant Manager at the time of execution for this Agreement is identified below:
David Allen, or Successor
City of Okeechobee
Public Works
55 Southeast3rd Avenue
Okeechobee, FL 34974
[Telephone No.:
863-763-3372 ext. 225
Fax No.:
863-763-1686
E-mail Address:
dallen@cityofokeechobee.com
In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail with
acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment
pursuant to paragraph 3.13 should include the updated Grant Manager information.
18. INSURANCE:
A. Providing and maintaining adequate insurance coverage is a material obligation of the Grantee. This
insurance must provide coverage for all claims that may arise from the performance of the work
specified under this Agreement, whether such work is performed by the Grantee, any sub -grantee,
or Grantee's contractors. Such insurance shall include the State of Florida, the Department, and the
DEP Agreement No. NS018, Page 8 of 13
State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds
for the entire length of the Agreement.
B. Coverage may be by private insurance or self-insurance. The Grantee shall provide documentation
of all required coverage to the Department's Grant Manager prior to performance of any work
pursuant to this Agreement. All commercial insurance policies shall be with insurers licensed or
eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall
contain a provision that the insurance will not be canceled for any reason except after thirty (30)
calendar days' written notice (with the exception of non-payment of premium, which requires a 10-
calendar-day notice) to the Department's Grant Manager. If the Grantee is self -funded for any
category of insurance, then the Grantee shall provide documentation that warrants and represents
that it is self -funded for said insurance, appropriate and allowable under Florida law, and that such
self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents
while acting within the scope of their employment with the Grantee for the entire length of the
Agreement.
C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as
specified below. In addition, the Grantee shall include these requirements in any sub grant or
subcontract issued for the performance of the work specified under this Agreement, unless such sub
grant or subcontractor employees are covered by the protection afforded by the Grantee.
Workers' Compensation Insurance is required for all employees connected with the work
of this project. Any self-insurance program or insurance coverage shall comply fully with
the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the Grantee shall provide proof of adequate insurance satisfactory to the
Department, for the protection of its employees not otherwise protected.
Commercial General Liability insurance is required, including bodily injury and property
damage. The minimum limits of liability shall be $200,000 each individual's claim and
$300,000 each occurrence.
iii. Commercial Automobile Liability insurance is required, for all claims which may arise
from the services and/or operations under this Agreement, whether such services and/or
operations are by the Grantee or any of its contractors. The minimum limits of liability
shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company -
Owned Vehicles, if applicable
$300,000 Hired and Non -owned Automobile Liability Coverage
iv. Other Insurance may be required if any work proceeds over or adjacent to water, including
but not limited to Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any
applicable rider to worker's compensation insurance, and any necessary watercraft
insurance, with limits of not less than $300,000 each. Questions concerning required
coverage should be directed to the U.S. Department of Labor
(hrtp: w.dol �_'o%(_wcp,dlhwc; iscontac.iihn) or to the parties' insurance carrier.
19. CONFLICT OF INTEREST:
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict
in any manner or degree with the performance of services required.
20. EQUIPMENT:
DEP Agreement No. NS018, Page 9 of 13
Reimbursement for direct or indirect equipment purchases costing $1,000 or more is not authorized under
the terms and conditions of this Agreement.
21. UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section
274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee
shall be responsible for including this provision in all subcontracts with private organizations issued as a
result of this Agreement.
22. QUALITY ASSURANCE REQUIREMENTS:
If the Grantee's project involves environmentally -related measurements or data generation, the Grantee shall
develop and implement quality assurance practices consisting of policies, procedures, specifications,
standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to
minimize loss of data due to out -of -control conditions or malfunctions. All sampling and analyses performed
under this Agreement must conform with the requirements set forth in Chapter 62-160, Florida
Administrative Code, and the Quality Assurance Requirements for Department Agreements, attached hereto
and made part hereof as Attachment G, Quality Assurance Requirements for Contracts and Grants
23. DISCRIMINATION:
A. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability,
shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise
subjected to discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to Section
287.134, F.S., may not submit a bid on a contract to provide 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
award or perform work as a contractor, supplier, subcontractor, or consultant under contract with
any public entity, and may not transact business with any public entity. The Florida Department of
Management Services is responsible for maintaining the discriminatory vendor list and posts the list
on its website. Questions regarding the discriminatory vendor list may be directed to the Florida
Department of Management Services, Office of Supplier Diversity, at (850) 487-0915.
24. LAND ACQUISITION:
Land acquisition is not authorized under the terms of this Agreement.
25. PHYSICAL ACCESS AND INSPECTION:
As applicable, Department personnel shall be given access to and may observe and inspect work being
performed under this Agreement, including by any of the following methods:
A. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and
C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
DEP Agreement No. NS018, Page 10 of 13
26. PUBLIC RECORDS ACCESS:
A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or
received in conjunction with this Agreement are public records under Florida law, as defined in
Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the
Department to perform the services under this Agreement.
B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either
provide to the Department upon request, or to allow inspection and copying of all public records
made or received by the Grantee in conjunction with this Agreement and subject to disclosure under
Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution.
C. If Grantee meets the definition of "Contractor" found in Section 119.0701(l)(a), F.S.; [i.e., an
individual, partnership, corporation, or business entity that enters into a contract for services with a
public agency and is acting on behalf of the public agency], then the following requirements apply:
Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to
this Agreement for services must be made directly to the Department. If the Department
does not possess the requested records, the Department shall immediately notify the
Grantee of the request, and the Grantee must provide the records to the Department or
allow the records to be inspected or copied within a reasonable time. If Grantee fails to
provide the public records to the Department within a reasonable time, the Grantee may be
subject to penalties under s. 119.10, F.S.
ii. Upon request from the Department's custodian of public records, Grantee shall provide the
Department with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided by law.
iii. Grantee shall identify and ensure that all 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 the Agreement term and following completion of the Agreement
if the Grantee does not transfer the records to the Department.
iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all
public records in possession of Grantee or keep and maintain public records required by
the Department to perform the services under this Agreement. If the Grantee transfers all
public records to the Department upon completion of the Agreement, the Grantee shall
destroy any duplicate public records that are exempt or confidential and exempt from
public disclosure requirements. If the Grantee keeps and maintains public records upon
completion of the Agreement, the Grantee shall meet all applicable requirements for
retaining public records. All records that are stored electronically must be provided to
Department, upon request from the Department's custodian of public records, in a format
that is accessible by and compatible with the information technology systems of
Department.
D. IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by
DEP Agreement No. NS018, Page 11 of 13
telephone at (850) 245-2118, by email at il.Lis. or at
the mailing address below:
Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd, Mail Slot 49
Tallahassee, FL 32399
27. TERMINATION FALSE CERTIFICATION, SCRUTINIZED COMPANIES BOYCOTTING:
Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135,
F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub -
agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135,
F.S., the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its
subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its
subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting
activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases
to authorize these contracting prohibitions then they shall become inoperative.
28. EXECUTION IN COUNTERPARTS:
This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more
counterparts, each of which together shall be deemed an original, but all of which together shall constitute
one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-
mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the
party executing (or on whose behalf such signature is executed) with the same force and effect as if such
facsimile or ".pdf' signature page were an original thereof.
29. SEVERABILITY CLAUSE:
This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws
of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid
under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity,
without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any
action hereon or in connection herewith shall be brought in Leon County, Florida.
30. ENTIRE AGREEMENT:
This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. NS018. Page 12 of 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
CITY OF OKEECHOBEE
By:
*Signature of Person Authorized to Sign
Print Name and Title of Authorized Person
Date:
FEID No.: 59-6000393
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Lo
Secretary or designee
Print Name and Title of Authorized Person
Date:
Taufiqul Aziz, DEP Grant Manager
QC Review by:
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement,
a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must
accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment
A
Grant Work Plan (7 Pages)
Attachment
B
Payment Request Summary Form (8 Pages)
Attachment
C
Contract Payment Requirements (1 Page)
Attachment
D
Progress Report Form (I Page)
Attachment
E
Special Audit Requirements (5 Pages)
Attachment
F
Attachment Intentionally Excluded
Attachment
G
Quality Assurance Requirements (5 Pages)
DEP Agreement No. NS018, Page 13 of 13
ATTACHMENT A
GRANT WORK PLAN
PROJECT TITLE: Okeechobee Centennial Park Water Quality Improvement Project
PROJECT LOCATION: The Project will be located within the City of Okeechobee at 701 SE 6`h Avenue, in
Okeechobee County, Florida. Latitude 27.236714N, Longitude 80.824153 W. See Figures 1 and 2 for a location map
and site plan.
PROJECT BACKGROUND: As a part of a Basin Management Action Plan (BMAP), the objective is to reduce
stormwater pollutant loads from the impaired Taylor Creek system, which has an adopted Total Maximum Daily
Load, and to educate the public about stormwater treatment best management practices (BMP) to reduce pollutant
loads and enhance the health of Taylor Creek.
The existing watershed in which the proposed project is located is comprised of a 15.4-acre residential subdivision
that currently has direct stormwater runoff discharge to Taylor Creek through a series of roadside swales and driveway
culverts. The discharge to Taylor Creek is through a storm culvert that runs under an existing sanitary lift station site
which is located directly adjacent to the proposed project.
PROJECT DESCRIPTION: The Grantee intends to upgrade the existing stormwater infrastructure with proposed
stormwater improvements consisting of construction of a 4' x 8' nutrient separating baffle box, bioswale, removal
and replacement of stormwater pipe (all subject to final engineering design). In addition to reducing nutrient loads
from existing residential runoff into the Taylor Creek watershed system, the project will reduce the amount of nutrient
loadings from the proposed new community park. Runoff from surrounding yards and recreation fields will be treated
on -site at the new park with a grassy swale infiltration system and then a nutrient separating baffle box, allowing time
for nutrients to be filtered out of the runoff water through percolation instead of directly flowing to impaired
watersheds. The existing outfall culvert located under the sanitary lift station site will be taken out of service as part
of the project.
TASKS and DELIVERABLES:
Task 1: Pre -Design Study
Task Description: The Grantee will perform a pre -design analysis and produce a pre -design report that will detail
the scope of the problem in the analysis area, outline design options, and identify tasks required to complete resolution
of the problem.
Deliverables: Final pre -design report submitted electronically to the Department's Grant Manager. Upon request,
the Grantee will provide a paper copy of the final pre -design report.
Performance Standard: The Department's Grant Manager will review the deliverable to verify that it meets the
specifications in the Grant Work Plan and this task description.
Task 2: Design and Permitting
Task Description: The Grantee will complete the design of the Okeechobee Centennial Park Water Quality
Improvements and obtain all necessary permits for construction of the project.
Deliverables: An electronic copy of the final design, including professional certification as applicable, and a list
of all required permits identifying issue dates and issuing authorities submitted to the Department's Grant Manager.
Upon request, the Grantee will provide copies of obtained permits or permit related correspondence or
documentation, and/or a paper copy of the final design.
DEP Agreement No. NS018, Attachment A, Page I of 7
Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the
specifications in the Grant Work Plan and this task description.
Task 3: Construction of Project
Task Description: The Grantee will construct the bio-Swale, nutrient separating baffle box installation and storm
pipe installation in accordance with the final design(s) and required permits which will be submitted to the
Department upon request. Construction will also include removal of existing storm pipe, clearing and grubbing and
installing erosion control measures.
Deliverables: The nutrient separating baffle box and associated improvements constructed as described in this task,
as evidenced by: 1) Dated color photographs of the construction site(s) prior to, during, and immediately following
completion of the construction task; 2) Written verification that the Grantee has received record drawings and any
required final inspection report(s) for the project; 3) Signed acceptance of the completed work by the Grantee; and
4) Signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in
accordance with the design.
Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the
specifications in the Grant Work Plan and this task description and that work is being performed in accordance with
the Grantee's construction contract documents and specifications. Upon review and written approval by the
Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request
submittal.
Task 4: Quality Assurance Project Plan
Task Description: The Grantee will prepare, submit, and receive approval on a Quality Assurance Project Plan
(QAPP) prior to commencement of any monitoring associated with the project. The QAPP must specify the sampling
procedures, locations, instruments, and parameters to be sampled. The Grantee will use the format provided by the
Department's Grant Manager, if applicable.
Deliverable 4a: Draft QAPP submitted electronically in Word format to the Department's Grant Manager. Upon
request, the Grantee will provide a paper copy of the Draft QAPP to the Department's Grant Manager.
Performance Standard: The Department's Grant Manager will review the draft QAPP for compliance with this
Agreement and the quality assurance requirements, to ensure sufficient monitoring is planned to measure project
effectiveness and provide comments to the Grantee as needed, prior to Final QAPP submittal.
Deliverable 4b: Final Department -approved QAPP submitted electronically in Word format to the Department's
Grant Manager. Upon request, the Grantee will provide a paper copy of the Final QAPP to the Department's Grant
Manager.
Performance Standard: The Department's Grant manager will review the Final QAPP to ensure that draft
comments have been taken into consideration and the Final QAPP is in compliance with this Agreement and the
quality assurance requirements and there is sufficient monitoring to measure project effectiveness. Upon review and
written approval by the Department's Grant Manager of the Final QAPP, the Grantee may proceed with payment
request submittal.
Task 5: Monitoring
Task Description: The Grantee will conduct monitoring in accordance with the Department -approved QAPP for
this project (see Task #4)
DEP Agreement No. NS018, Attachment A, Page 2 of 7
Deliverables: Summary of completed monitoring activities (dates completed, sampling conducted and any not
conducted and why), monitoring results along with interpretation of those results (as expected or not as expected)
submitted electronically, along with the laboratory report and sampling logs (must also have field and weather data)
to the Department's Grant Manager. Upon request, the Grantee will provide a paper copy or copies to the
Department's Grant Manager.
Performance Standard: The Department's Grant Manager will review the monitoring results for completion and
compliance with the QAPP requirements.
Additional Financial Consequences: Costs for any monitoring that is not completed as outlined in the Department -
approved QAPP may be discounted if included in the payment request.
Task 6: Public Education
Task Description: The Grantee will provide public education information about the project and its environmental
benefits in the following formats: One training workshop for City Commission, community and city employees;
posters displayed at the installation site of the baffle box to provide information to the public; and informational
brochures of the project and BMP provided at City Hall.
Deliverable 6a: 1) Copy of draft print -ready brochures, informational posters and training materials submitted to the
Department's Grant Manager for review and approval prior to final printing and distribution.
Performance Standard: The Department's Grant Manager must approve draft materials prior to public distribution.
The Department's Grant Manager will review the draft deliverables and provide comments to the Grantee as needed.
Deliverable 6b: 1) A copy of the final printed materials with the number distributed and where; 2) workshop agenda,
final training materials and sign -in sheet(s); and 3) dated photograph(s) of installed posters as approved.
Performance Standard: The Department's Grant manager will review the final deliverables to ensure the draft
comments have been taken into consideration.
Task 7: Final Report
Task Description: The Grantee will prepare a Final Report summarizing the results of the project, including all
tasks in the Grant Work Plan. The Final Report must include at a minimum:
• Project location and background, project description and timeline, grant award amount and anticipated
benefits.
• Financial summary of actual costs versus the budget, along with any changes required to the budget. Include
any match provided, along with other related project work performed outside of this Agreement to identify
the overall project cost.
• Discussion of project schedule versus actual completion, including changes required to the schedule,
unexpected site conditions and adjustments, significant unexpected delays and corrections, and/or other
significant deviations from the original project plan.
• Summary of activities completed as well as those not completed and why, as well as a brief summary of any
additional phases yet to be completed.
• Photo documentation of work performed (before, during and after), appropriate figures (site location, site
plan[s]. etc.), appropriate tables summarizing data/information relevant to Grant Work Plan tasks, and
appropriate attachments relevant to the project.
• Discussion of whether the anticipated benefits have been/will be realized (e.g., why a BMP approach did or
did not exceed the expected removal efficiency)
• Summary of monitoring activities completed and any not completed and why, monitoring results, and an
interpretation of data based on planned versus realized results.
DEP Agreement No. NS018, Attachment A, Page 3 of 7
Deliverable 7a: An electronic copy of the draft Final Report in Word format submitted to the Department's Grant
Manager for review prior to submission of the Final Report. Upon request, the Grantee will provide a paper copy of
the draft Final Report.
Performance Standard: The Department's Grant Manager will review the submitted draft Final Report to verify
that it meets the specifications in the Grant Work Plan and this task description, and provide any comments to the
Grantee for consideration for the Final Report.
Deliverable 7b: An electronic copy of the Final Report, with all suggested changes considered, in Word or PDF
format submitted to the Department's Grant Manager for review and approval. Upon request, the Grantee will provide
a paper copy of the Final Report.
Performance Standard: The Department's Grant manager will review the Final Report to ensure that draft
comments have been taken into consideration and the Final Report is in compliance with this Agreement.
PROJECT TIMELINE: The tasks must be completed by the corresponding task end date and all deliverables
received by the designated due date.
Task/
Task Start
Task End
Deliverable
Deliverable
Task or Deliverable Title
Date
Date
Due Date/
No.
Frequency
1
Pre -Design Study
3/26/2014
Completed
2
Design and Permitting
11/24/2015
12/15/2016
12/15/2016
3
Construction of Project
Agreement
8/1/2017
8/1/2017
Execution
4
QQuaaitPy�Assurance Project Plan
10/l/2016
2/1/2017
4a
Draft QAPP
12/15/2016
4b
Final QAPP
3/1/2017
5
Monitoring
Upon QAPP
3/1/2018
3/1/2018
A roval
6
Public Education
10/15/2016
2/1/2017
6a
Draft public education print materials
12/15/2016
6b
Final public education print materials
2/1/2017
7
Final Report
Uponon
8/ l /2018
E
7a
Draft Final Report
5/l/2018
7b
Final Report
8/1/2018
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. NS018, Attachment A, Page 4 of 7
BUDGET DETAIL BY TASK:
Task No.
Budget Category
Grant Funding
Match Funding
1
Contractual Services
$24,033.50
Total for Task:
$0.00
$24,033.50
2
Contractual Services
$35,170.00
Design and
Permitting
Total for Task
$0.00
$35,170.00
3
Contractual Services
$183,630.00
$101,426.50
Construction
Total for Task
$183,630.00
$101,426.50
4
Contractual Services
$5,000.00
QAPP
Total for Task
$0.00
$5,000.00
5
Monitoring
Contractual Services
$5,000.00
Total for Task
$0.00
$5,000.00
6
Education
Contractual Services
$3,000.00
Total for Task
$0.00
$3,000.00
7
Salaries
$7,500.00
Final Report
Fringe
$2,500.00
Total for Task
$0.00
10,000
Total:
$183,630.00
$183,630.00
PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the
project as indicated below. Match funding shall be provided in the categories indicated below.
Category Totals
Grant Funding, Not to Exceed,
$183,630.00
Match Funding
Salaries
$7,500.00
Fringe Benefits
$2,500.00
Contractual Services Total
$183,630.00
$173,630.00
Total:
$183,630.00
$183,630.00
SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable hourly and fringe rate(s) by position may
not exceed those indicated below.
Task
No.
Position Title
Hourly Rate
Fringe Rate
(/o)
General Services Coordinator
14.83
37.38
7
Public Works Director
33.59
32.51
DEP Agreement No. NSO 18, Attachment A, Page 5 of 7
Figure 1:
City of Okeechobee o so ion
�d Centennial Park Location Map ITTSiia Feet
Figure 1 1 inch=too feet
Figure 2:
DEP Agreement No. NS018, Attachment A, Page 6 of 7
M
DESIGN T U D 1 0
DEP Agreement No. NSO 18, Attachment A, Page 7 of 7
Uwe: I*
61
CO T
a.
0 0
Not to scale
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
Payment Request No. DEP Agreement No.
Performance Period (Start date - End date):
Date
Deliverables completed to support payment request (attach additional pages as needed):
Task/Deliverable Task Budget
Number(s):
Grantee:
(Name & Mailing
Address)
Grantee Contact:
(Name & Phone)
Amount: $
GRANT EXPENDITURES SUMMARY SECTION
CATEGORY OF EXPENDITURE
(As authorized)
AMOUNT OF THIS
REQUEST
TOTAL
CUMULATIVE
PAYMENT
REQUESTS
MATCHING
FUNDS FOR THIS
REQUEST
TOTAL
CUMULATIVE
MATCHING
FUNDS
Salaries/Wages
$ -
$ -
$ -
$ -
Fringe Benefits
$ -
$ -
$ -
$ -
Indirect Cost
$ -
$ -
$ _
$ _
Contractual (Subcontractors)
$ -
$ -
$ -
$ -
Travel
$ -
$ -
$ -
$ -
Equipment (Direct Purchases)
$ -
$ -
$ -
$ -
Rental/Lease of Equipment
$ -
$ -
$ -
$ -
Miscellaneous/Other Expenses
$ -
$ -
$ -
$ -
Land Acquisition
$ -
$ -
$ -
$ -
TOTAL AMOUNT
$
$
$
$
TOTAL BUDGET
(ALL TASKS
$
$
Less Total Cumulative Payment
Requests of:
$
$
TOTAL REMAINING
(ALL TASKS)
$
$
GRANTEE CERTIFICATION
Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for
reimbursement above was for items that were charged to and utilized only for the above cited grant activities.
DEP Agreement No. NSO18, Attachment B, Page 1 of 8
Grantee's Certification of Payment Request
h _ on behalf of
(Print name of Grantee's Grant Manager designated in the Agreement)
do hereby certify for
(Print name of Grantee)
DEP Agreement No. and Payment Request No. that:
RI The disbursement amount requested is for allowable costs for the project described in Attactunent A of the Agreement.
0 All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing
the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement.
0 The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in
default of any terms or provisions of the contracts.
Check all that apply:
❑ All permits and approvals required for the construction, which is underway, have been obtained.
❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits.
❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during
the time period covered by this Certification of Payment Request, and such certifications are included:
Professional Service Provider (Name / License No.)
Grantee's Grant Manager's Signature
Print Name
Telephone Number
Period of Service (mm/dd/yy — mm/dd/yy)
Grantee's Fiscal Agent Signature
Print Name
Telephone Number
DEP Agreement No. NS018, Attachment B, Page 2 of 8
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
DEP AGREEMENT NO.: This is the number on your grant agreement.
DATE: This is the date that you are submitting the payment request.
PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the Task/Deliverable that the
request is for (this must be within the timeline shown for the Task/Deliverable in the Agreement).
TASK/DELIVERABLE NO.: Identify the number of the Task/Deliverable that you are requesting payment for and/or claiming
match for (must agree with the current Grant Work Plan). Note: If payment request includes more than one Task/Deliverable,
additional pages should identify each Task/Deliverable Number, its corresponding budget amount, and the amount requested.
TASK BUDGET AMOUNT: List the Task budget amount as identified in the Grant Work Plan for the corresponding
Task/Delverable. Note: If payment request includes more than one Task/Dcliverable, additional pages should identify each
Task/Deliverable Number, its corresponding budget amount, and the amount requested.
GRANTEE: Enter the name of the Grantee's agency and the address to which you want the state warrant sent.
GRANTEE CONTACT: List the name and telephone number for the Grantee's grant manager or other point of contact regarding
the payment request submittal.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST" COLUMN: Enter by authorized category of expenditure the amount for which you are
requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your
grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are
not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT" line. Enter the
amount of all Tasks on the "TOTAL BUDGET (ALL TASKS) " line. Enter the total cumulative amount of this request and all
previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" line. Deduct the "LESS TOTAL
CUMULATIVE PAYMENT REQUESTS OF" from the "TOTAL BUDGET (ALL TASKS) " for the amount to enter on the "TOTAL
REMAINING (ALL TASKS) " line.
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to
date for reimbursement by budget category. The final request should show the total of all requests; first through the final request
(this amount cannot exceed the approved budget amount for that budget category for the Task(s) you are reporting on). Enter the
column total on the "TOTAL PAYMENT REQUEST" line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the Task(s) you are
reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter
the total on the "TOTAL AMOUNT" line for this column. Enter the match budget amount on the "TOTAL BUDGET (ALL
TASKS) " line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL
CUMULATIVE PAYMENTS OF" line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the
"TOTAL BUDGET (ALL TASKS) " for the amount to enter on the "TOTAL REMAINING (ALL TASKS) " line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amounts you have claimed to date for
match by budget category. Put the total of all on the line titled "TOTAL PAYMENT REQUEST." The final request should show
the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas.
GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers that certified
work or services completed during the period included in the request for payment. Must be signed by both the Grantee's Grant
Manager as identified in the grant agreement and the Grantee's Fiscal Agent.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
DEP Agreement No. NS018, Attachment B, Page 3 of 8
INVOICE SUMMARY INFORMATION
Contract If
Grantee:
Payment Request M
Complete the table below. Use the drop down lists to add categories. Enter one Task number per row and one Category per column.
Select only the categories that are in the contract task budget.
Also complete the Contractual Detail spreadsheet if the contractual category is funded in the Agreement/Task.
Also, complete the Equip -Supplies -Expense spreadsheet if the contractual category is funded in the Agreement/Task,
Also complete the Salary/Fringe Detail spreadsheet if the salary and fringe categories are funded in the Agreement/Task.
'Include the match amount if match is required in the Agreement and is included in the invoice.
Formulas are included in same of the spreadsheet cells, denoted with "S - .
Provide Reimbursement Request Amounts by Category Provide Amounts to Credit Towards Match by Category"
Select one budget category per column using the drop down lists Select one budget category Per column using the drop down Ilsts
Task/ Performance Period - Date Click here for Click hem for drop Click ham for Click hers Im Click hem for tlrop Click Mm for drop Gllck bare br drop Gllek ham for drop Click here far drop
Dellvoarabk Range drop down ust down list Croy down Iist drop down list down 11. down gat down Ilst down Iit dawn 11. Commenl5
=93
Reimbursement
DEP Agreement No. NSO18, Attachment B, Page 4 of 8
CONTRACTUAL DETAIL
Complete one table per Task containing Contractual Reimbursement Requests
Add rows as needed for each table. Add tables as needed, if more than two tasks are in the invoice
Enter the contractual sum for each task into the Invoice Summary spreadsheet.
*Include the match amount if match is required in the Agreement and is included in the invoice
Task/Deliverable #:
Performance Period - Date Range
Sub -contractor
Name
Subcontractor
Invoice Number
Subcontractor
Invoice Date
Check Number
Check Amount
Amount requested
for reimbursement
Amount to credit
towards Match*
Comments
I Contractual Total for Task #_ : 1 $ - 1 $ -
Task/Deliverable #:
Performance Period - Date Range
Sub -contractor
Name
Subcontractor
Invoice Number
Sub -contractor
Invoice Date
Check Number
Check Amount
Amount requested
for reimbursement
Amount to credit
towards Match*
Comments
Contractual Total for Task
DEP Agreement No. NS018, Attachment B, Page 5 of 8
EQUIPMENT AND SUPPLY/EXPENSE DETAIL
Complete one table for each task containing Equipment and Supply/Expense Reimbursement Request!
Add rows as needed for each table. Add tables as needed, if more than two tasks are in the invoice
Enter the Equiment and Supplies/Expense sums for each task into the Invoice Summary spreadsheet
'Include the match amount if match is required in the Agreement and is included n the invoice
Task/Deliverable #:
Performance Period - Date Range
Vendor Name
Invoice/Receipt
Number
Invoice/Receipt t
P
Dale
Check Number
Check Amount
Amount requested
br reimbursement
Amount
Requested for
Reimbursement
Amount to credit
towards Match'
Amount to cradle
towards Match'
Comments
i otals Tor I ask
Task/Deliverable #:
rrrfr.'rrr.� r�rnrtae� ran!wrrr�ra
Performance Period -Date Range
Vendor Name
Invoice/Receipt
Number
Invoice/ReceiptDate
Date
Check Number
Check Amount
Amoimr—numd
for raimbureement
Amount
Requested for
Re'mWreemant
Amount To cradle
towards March•
Amount to credit
towards Match'
Comments
I �uppiles/tkpense 1otais for Task R_ 1 $ 15 I $ 1 $
DEP Agreement No. NS018, Attachment B, Page 6 of 8
SALARY AND FRINGE DETAIL
Complete one table for each task containing Salary and Fringe Reimbursement Requests
Add rows as needed for each table. Add tables as needed, if more than two tasks are in the invoice.
Enter the Salary and Fringe sums for each task into the Invoice Summary spreadsheet.
"Include the match amount if match is required in the Agreement and is included in the invoice.
Task/Deliverable #:
Position Title
Employee Name
Performance Period -
Date Range
Hourly
Wage
Fringe
Rate (%)
No. Hours
Worked for
reimbursement
Salary Amount
per employee
for
reimbursement
Fringe Amount per
employee for
reimbursement
No. hours
worked for
match
Salary to credit
towards
Match'
Fringe to credit
towards
Match`
$
$
5
$
$
$
5
5
$
5
$
S
-
5
$
$
5
$ -
S-
$
5
$
$
S
S
$
S
Salaries/Fringe Totals for Task #_:
$
Task/Deliverable #:
Position Title
Employee Name
Performance Period -
Date Range
Hourly
Wage
Fringe
Rate (%)
No. Hours
Worked for
reimbursement
Salary Amount
per employee
for
reimbursement
Fringe Amount per
employee for
reimbursement
No. hours
worked for
match
Salary to credit
towards
Match*
Fringe to credit
towards
Match*
S
$
$
$
S
$
S
$
-
5
5
$
5
-
S
5
S
S -
$
Salaries/Fringe Totals for Task #
$
$
$
$
DF,P Agreement No. NS018, Attachment B, Page 7 of 8
Instructions for Completing Request for Payment - Part II
Include the Grantee Name, Payment Request No., and DEP Agreement Number. List vendor invoices that are
associated with the Project by Task/ Deliverable.
1 Invoice Amount: Amount of Invoice being submitted for reimbursement.
2 Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee.
Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested (2) from Invoice
3 Amount (1).
Deliverable Number: Must identify completed deliverable(s) for each invoice. If invoice covers multiple
deliverables, that invoice would be listed multiple times, a line item for each deliverable with any portion not
4 applicable to that Task/Deliverable identified under (2).
Submittal Instructions
Instructions for E-mailing:
The program now accepts reimbursement requests electronically. When scanning please be sure that the minimum scan
resolution must be 300 DPI (dots per inch). When reimbursement requests are sent electronically, please do not also
send a hard copy by postal mail.
Remit Payment Request by E-mail to the Department's Grant Manager
Be sure the E-mail payment request includes the following:
Subject: Project Number —Disbursement Number: example — LP14025 Disb l
Attachments:
1) Attachment B Payment Request Summary
2) Request for Payment Part II Reimbursement Detail
3) Copies of invoices
4) Other supporting documentation, as needed
For questions or concerns regarding these forms or if you would like the payment request forms listed above in
electronic format please contact the Department's Grant Manager.
DEP Agreement No. NS018, Attachment B, Page 8 of 8
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in Section
273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: guidc.htm
DEP Agreement No. NS018, Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
NS018
Grantee Name:
Grantee Address:
Grantee's Grant Manager:
Telephone No.:
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan: a summary of project accomplishments for the reporting period; a comparison
of actual accomplishments to goals for the period; if goals were not met, provide reasons
why; provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
NS018 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager
Date
DEP Agreement No NS018., Attachment D, Page 1 of 1
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", 'DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at littt):/A2.1b.245.173/cfda/efda.html.
DEP Agreement No. NS018, Attachment E, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part 1I, paragraph l; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at hops: arps.dlclfs.com t,,aa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at hap:;tivww.l ��.state.tl.usi��l'elcomelinde�.cfm, State of Florida's website at
http:."vww.III vtlorida.com,, Department of Financial Services' Website at Imp: %yk�w.fldfs.coin and the
Auditor General's Website at httu "wu;wstate.fl.us,aud(-'en.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE. This part would be used to sped any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP Agreement No. NS018, Attachment E, Page 2 of 5
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSill gleAudtl a deh.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http: iharvestcr.cen us.soV fac;
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at one the following addresses:
By Mail
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSill 2leAudIVU dep.st1tc.t7_u5
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSin-'lcAuditrU &r ).state.tl.us
DEP Agreement No. NS018, Attachment E, Page 3 of 5
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FOE1'SingleAudit[u. dep.state.tl.uS
Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General, as applicable.
Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. NS018, Attachment E, Page 4 of 5
EXHIBIT — 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Cate go
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams:
Federal
Program
Number
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
Number
Funding Source
State
Fiscal Year
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
Original
Agreement
General Appropriations Act
Line Item 1646
2015 - 2016
37.039
Statewide Surface Water Restoration
and Wastewater Projects
$183,630
140076
Total Award 1 $183,630
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
riatp:; i_' 1"''-1 _I ," cfdn cfdahrml] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspxl. The
services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated
in the Contract.
DEP Agreement No. NS018, Attachment E, Page 5 of 5
ATTACHMENT G
QUALITY ASSURANCE REQUIREMENTS
1. All sampling and analyses performed under this Contract must conform to the requirements set forth in Chun€er
6?-100, Florida Administrative Code (F.A.C.) and "Requirements for Field and Analytical Work performed for
the Department of Environmental Protection under Contract' (DI T-O; A-())' U-), February 2002.
2. LABORATORIES
a. The GRANTEE shall ensure that all standard laboratory testing activities are performed by laboratories
certified by the Florida Department of Health Environmental Laboratory Certification Program (DoH
ELCP) for all applicable matrix/method/analyte combinations to be measured. For non -potable water
matrix, the certification requirement is considered satisfied if the laboratory is certified for the contracted
analyte in at least one method that uses the same analytical technology as the contract -proposed method.
b. If the laboratory is not certified for some or all of the proposed test measurements, the laboratory shall
apply for certification within one month of Contract execution. Within six months of Contract execution,
the laboratory shall be fully certified for all applicable matrix/method (or analytical technology)/analyte
combinations to be performed. Regardless of when the laboratory receives certification, the laboratory
must implement all applicable standards of the National Environmental Laboratory Accreditation
Conference (NELAC) upon Contract execution.
c. Laboratories shall maintain certification as specified in item 2.a above during the life of the Contract.
Should certification for an analyte or test method be lost, all affected tests shall be immediately sub-
contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte
combination(s). The GRANTEE shall notify the DEP contract manager in writing before any change to a
sub -contracted laboratory is made.
d. A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for each
contracted or sub -contracted laboratory shall be provided to the DEP contract manager upon Contract
execution or upon receiving DoH certification (see items 2.a and 2.b above).
e. The GRANTEE shall ensure that an acceptable initial demonstration of capability (IDOL), as described in
Appendix C of Chapter 5 of the !N!"LAC Standards is performed. Each laboratory that performs any of the
proposed matrix/method (or analytical technology)/analyte combination(s) must have the requisite IDOC
documentation and supporting laboratory records. IDOCs shall be performed and shall meet the contract
specified requirements for precision, accuracy, and the method detection limit (MDL) and/or practical
quantitation limit(PQL) before the test procedure is used to generate data for this Contract. If requested by
the Department, documentation that supports the IDOL shall be made available for review.
f. When performance test samples are not required by DoH ELCP for certification, the laboratory shall
obtain, analyze and evaluate performance test samples, standard reference materials (SRM) or other
externally assayed quality control (QC) samples, hereinafter known collectively as quality control check
(QCC) samples.
(i) The laboratory shall ensure that the selected QCC samples(s) represent all matrix/method/analyte
combinations that are not subject to certification requirements.
(ii) These samples shall be analyzed at six-month intervals and the results shall be within the acceptable
range established by the QCC sample provider.
(iii) Before providing analytical services for this Contract, the laboratory must provide to the DEP contract
manager the results of the QCC sample(s) and the associated acceptable range(s) as established by the
QCC sample provider. The submitted results must be from QCC samples that have been completed
within the previous six months prior to the submission date.
g. Any non-standard laboratory procedures or methods that are proposed for use (i.e., those not approved by
DEP for standard environmental analyses) shall be submitted for review and approval in accordance with
DEP-QA-00 1/0 1, "New and Alternative Analytical Laboratory Methods," February 1, 2004. These
procedures or methods shall be approved by the DEP contract manager before use under this Contract and
must be cited or described in the required planning document (see Section 6).
h. The GRANTEE shall ensure that Practical Quantitation Limits (PQLs) and Method Detection Limits
(MDLs) are listed in the planning document (see Section 6).
i. The GRANTEE shall ensure that the selected laboratory test methods listed in the planning document can
provide results that meet the Contract data quality objectives.
j. The GRANTEE shall ensure that all laboratory testing procedures follow the analytical methods as
approved in the planning document (see Section 6).
DEP Agreement No. NS018, Attachment G, Page l of 5
k. The GRANTEE shall ensure that the all laboratory quality control measures for standard methods are
consistent with Chapter 5 of the NELAC standards.
1. In addition, the GRANTEE shall ensure that the quality control requirements specified in the attached
addenda are followed.
in. The GRANTEE shall ensure that all sample results are calculated according to the procedures specified in
the analytical methods approved in the planning document.
FIELD ACTIVITIES
a. "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract.
b. The GRANTEE shall ensure that all sample collection and field testing activities are performed in
accordance with applicable Department "Standard Operating Procedures for Field Activities" (DEP-SOP-
001/01, March 1, 2014). The specific standard operating procedures (SOPs) to be used for this Contract
shall be cited in the planning document (see Section 6). SOPs for field sample collection or testing not
included in the Department's SOPs shall be included or cited in the planning document.
c. Any non-standard field procedure shall be submitted for review and approval to the DEP contract manager.
All non-standard procedures and methods must be approved by the DEP contract manager before use under
this Contract and must be cited or described in the planning document.
d. Per the quality control measures outlined in DEP SOP i i 000, the GRANTEE shall ensure that the
following field quality controls (and any additional quality control measures specified in the addenda) are
incorporated into the project design for applicable test methods:
(i) Matrix -Related Quality Controls - The GRANTEE shall ensure that the laboratory is provided with
sufficient sample volume to analyze at least one set of matrix spikes and either matrix spike duplicates
or laboratory duplicates as follows:
(1) The first time a sample from a sample collection matrix (see Table FA 1000-1 in DEP SOP FA
10(i0) is collected;
(2) One in each additional 20 samples of the sample collection matrix, after the first 20 samples; and
(3) The last time samples are collected for the sample collection matrix.
(ii) Field -Generated Quality Control (QC) Blanks — Blanks associated with field activities as defined in
part FQ 1210 of DEP SOP FQ 1000 shall be collected according to the requirements of part FQ 1230.
(1) If an analyte detected in the sample is also found in any field -generated QC blank that is
associated with the sample, the GRANTEE shall investigate and attempt to determine the cause of
the QC blank contamination. The outcome of this investigation shall be reported and shall include
a discussion of the corrective measures taken to minimize future occurrences of QC blank
contamination.
(2) If an analyte detected in the sample is also found in any field -generated QC blank that is
associated with the sample, the GRANTEE shall ensure that the analyte in any affected sample is
reported as estimated ("G" data qualifier code, with a narrative explanation), unless the analyte
concentration in the blank is <_ 10% of the reported concentration in the associated sample.
REPORTING DOCCMENTATION AND RECORDS RETENTION
a. The GRANTEE shall ensure that all laboratory and field records applicable to the Contract, as outlined in
Rules 62-160 240 and .340, F.A.C. are retained for a minimum of five years after the generation or
completion of records.
b. All field and laboratory records that are associated with work performed under this Contract shall be
organized so that any information can be quickly and easily retrieved for inspection, copying or
distribution.
c. The GRANTEE shall ensure that all laboratory reports for standard methods are issued in accordance with
NELAC requirements. These reports shall be submitted to the DEP contract manager and shall include the
following information:
► Laboratory sample identification (ID) and associated Field ID
► Analytical/test method
► Parameter/analyte name
► Analytical result (including dilution factor)
► Result unit
► Applicable DEP Qualifiers per Table 1 of Chapter 62-160, F.A.C.
► Result comment(s) to include corrective/preventive actions taken for any failed QC measure (e.g.,
QC sample, calibration failure) or other problem related to the analysis of the samples
► Date and time of sample preparation (if applicable)
DEP Agreement No. NS018, Attachment G, Page 2 of 5
► Date and time of sample analysis
► Results of laboratory verification of field preservation
► Sample matrix
► DoH ELCP certification number for each laboratory (must be associated with the test result(s)
generated by the laboratory)
► MDL, LOD or other defined limit of detection
► PQL, LOQ or other defined limit of quantification
► Sample type (such as blank type, duplicate type)
► Field and laboratory QC blank results:
• Laboratory QC blank analysis results as required by the method, NELAC Chapter 5 and
the planning document (see Section 6 below);
• Field quality control results including field blanks, equipment blanks, and field duplicates
(or replicates) as specified in the planning document (see Section 6)
► Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates, as applicable
► Results of surrogate spike analyses (if performed)
► Results of laboratory control samples (LCS)
► Link between each reported quality control measure (e.g., QC blanks, matrix spikes, LCS,
duplicates, calibration verification) and the associated sample result(s)
► Acceptance criteria used to evaluate each reported quality control measure
The GRANTEE shall ensure that the following field -related information is reported to the DEP contract
manager:
► Site name and location information
► Field ID for each sample container and the associated analytes (test methods) for which the
container was collected
► Date and time of sample collection
► Sample collection depth
► Sample collection method identified by the DEP SOP number, where applicable
► If performed, indicate samples that were filtered
► Field test measurement results:
• DEP SOP number (FT -series), where applicable
• Parameter name
• Result
• Result unit
• Applicable Data Qualifiers per Table I of Chapter 62-160, F.A.C.
► Narrative comments discussing corrective/preventive actions taken for any failed QC measure
(e.g., blank contamination, meter calibration failure, split sample results), unacceptable field
measurement or other problems related to the sampling event.
e. The Department reserves the right to request some or all of the laboratory or field information in a specified
format.
The GRANTEE shall submit the data electronically using the format identified in QAPP
AUDITS
a. AUDITS By THE DEPARTMENT— Pursuant to Rule 62-160.650, F.A.C., the Department may conduct audits
of field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite
audits, the GRANTEE, upon request by the Department, must provide all field and laboratory records
pertinent to the contracted field and laboratory activities. If an audit by the Department results in a
determination that the reported data are not usable for the purpose(s) or do not meet the data quality
objectives specified by the Contract, the DEP contract manager shall pursue remedies available to the
Department, including those outlined in Section 8 below.
b. PLANNING REVIEw AuDrrs —
(i) Initial: Prior to the completion of the sampling and analysis events and after the second completed
sampling and analysis event but no later than fourth, the GRANTEE and all associated subGRANTEEs
shall review the planning document (see Section 6 below) relative to the completed field and
laboratory activities to determine if the data quality objectives are being met, identify any
improvements to be made to the process, and refine the sampling and/or analytical design or schedule.
Within one month of the review, a summary of the review, including any corrective action plans or
DEP Agreement No. NS018, Attachment G, Page 3 of 5
amendments to the planning document, shall be sent to the DEP contract manager and a copy shall be
maintained with the permanent project records.
(ii) Ongoing: Planning reviews as described in item (i) above shall occur annually, if applicable.
C. QUALITY SYSTEMS AUDITS — The GRANTEE and all subGRANTEEs shall ensure that any required
laboratory and field quality system audits are performed according to the respective quality manuals or
other relevant internal quality assurance documents for each contracted and sub -contracted entity. These
audits shall be documented in the GRANTEE's and subcontractors' records.
d. STATEMENTS of USABILITY — As a part of the audit process and the final report, the GRANTEE shall
provide statements about data usability relative to the Contract Data Quality Objectives and Data Quality
Indicators specified in the planning document, this attachment and the addenda.
(i) The GRANTEE shall ensure that all applicable data quality acceptance and usability criteria are listed
in the planning document.
(ii) The GRANTEE shall ensure that the results of all quality control measures are evaluated according to
the acceptance criteria listed in the planning document GRANTEE.
(iii) The GRANTEE shall ensure that all sample results are evaluated according to all applicable usability
criteria specified in the planning document.
PLANNING DOCUMENT
a. The GRANTEE shall submit the planning document identified below to the DEP contract manager no later
than 120 days prior to the commencement of field and laboratory activities. Failure to submit the planning
document in this required timeframe shall result in a delay of approval to begin work until the document
has been submitted to the Department and approved by the DEP contract manager. The document shall be
submitted as a Quality Assurance Project Plan (QAPP). The plan shall be consistent with the EPA
Document EPA-QA/R-5, EPA Requirements for Quality Assurance Project Plans, dated March 2001.
b. The GRANTEE and subGRANTEEs may submit a version of the planning document to the Department for
approval no more than three times. If the GRANTEE fails to obtain approval for the planning document
after the third (final) submission to the Department, the DEP contract manager may suspend or terminate
the Contract.
c. The DEP Contract number shall appear on the title page of the submitted planning document. Within forty-
five (45) days of receipt of the properly identified planning document by the Department, the Department
shall review and either approve the planning document or provide comments to the GRANTEE and
affected subGRANTEEs as to why the planning document is not approved. If further revisions are needed,
the GRANTEE shall then have fifteen (15) days from the receipt of review comments to respond. The
Department shalt respond to all revisions to the planning document within thirty (30) days of receipt of any
revisions.
d. If the review of the planning document by the Department is delayed, through no fault of the GRANTEE,
beyond sixty (60) days after the planning document is received by the Department, the GRANTEE shall
have the option, after the planning document is approved, of requesting and receiving an extension in the
term of the Contract for a time period not to exceed the period of delayed review and approval. This option
must be exercised at least sixty (60) days prior to the current termination date of the Contract.
e. Work may not begin for specific Contract tasks until approval (or conditional approval) has been received
by the GRANTEE from the DEP contract manager. Sampling and analysis for the Contract may not begin
until the planning document has been approved (or conditionally approved).
f. Once approved, the GRANTEE shall follow the protocols specified in the approved planning document
including, but not limited to:
► Ensuring that all stated quality control measures are collected, analyzed and evaluated for
acceptability;
► Using only the protocols approved in the planning document; and
► Using only the equipment approved in the planning document.
g. If any significant changes in procedures or test methods, changes in equipment, changes in subGRANTEE
organizations or changes in key personnel occur, the GRANTEE shall submit appropriate revisions of the
planning document to the DEP contract manager for review. The proposed revisions may not be
implemented until they have been approved by the DEP contract manager. If the GRANTEE fails to
submit the required revisions, the DEP contract manager may suspend or terminate the Contract. These
amendments shall be
DEP Agreement No. NS018, Attachment G, Page 4 of 5
(i) Documented through written or electronic correspondence with the DEP contract manager and
incorporated into the approved planning document.
DELIVERABLES
a. The following lists the expected schedule for the deliverables that are associated with the Quality
Assurance requirements of this Contract:
(i) Copy of DoH ELCP Certificate(s) and the associated list(s) of specific fields of accreditation, per item
2.d above.
(it) Copies of the QCC sample results per item 21.. above.
(iii) Non-standard laboratory or field procedures — The GRANTEE shall submit to the DEP contract
manager all required information necessary for review of non-standard procedures per items 2.g. and
3.c. above.
(iv) Reports of planning review audits as specified in item 5.b. above.
(v) Statements of Usability as specified in item 5.d. above.
(vi) Planning document per Section 6, above.
CONSEQUENCES
a. Failure to comply with any requirement of this attachment may result in:
(i) Immediate termination of the Contract.
(ii) Withheld payment for the affected activities.
(iii) Contract suspension until the requirement(s) has been met.
(iv) A request to refund already disbursed payments.
(v) A request to redo work affected by the non -compliant activity.
(vi) Other remedies available to the Department.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. NS018, Attachment G, Page 5 of 5
Jan 17,E 2017
PO NO.950000
0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO.4600003556
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF OKEECHOBEE
THIS AGREEMENT is entered into as of by and between the South Florida
Water Management District (DISTRICT) and City of Okeechobee (CITY).
WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida
Statutes; and
WHEREAS, the DISTRICT desires to provide financial assistance to the CITY for the
Centennial Park Stormwater Drainage Construction; and
WHEREAS, the CITY warrants and represents that it has no obligation or indebtedness
that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and
WHEREAS, the Governing Board of the DISTRICT, at its September 8, 2016 meeting,
approved entering into this AGREEMENT with the CITY;
NOW, THEREFORE, in consideration of the covenants and representations set forth
herein and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
The DISTRICT agrees to contribute funds and the CITY agrees to perform the work set
forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds
and in accordance with their respective authorities for the Centennial Park Stormwater
Drainage Construction.
The period of performance of this AGREEMENT shall commence on October 1, 2016
and shall terminate on October 31, 2018.
The total DISTRICT contribution for all work completed herein shall not exceed the
amount of $175,000 or 50% of eligible stormwater expenditures for the project as noted in
Exhibit B, whichever is less.
Agreement No. 4600003556, Page I of 7
4. The CITY shall submit Reimbursement Request Packages as described in the Payment and
Deliverables Schedule set forth in Exhibit "B" attached hereto and made a part hereof.
Payments by the DISTRICT shall be made following receipt and acceptance of the
Reimbursement Request Packages by the DISTRICT's Project Manager. Reimbursement
Request Packages shall adequately demonstrate completion of each Task in accordance
with Exhibit "A" and shall include, but not be limited to, a copy of the CITY's invoice and
other documentation supporting payment.
The DISTRICT's payment is a reimbursement of actual eligible expenditures and is
therefore contingent on adequate documentation to support actual eligible expenditures
within the not -to -exceed AGREEMENT funding limitation. The CITY should provide
prior written notice to the DISTRICT's Project Manager of its decision to apply the
unexpended balance toward a subsequent Task. Actual eligible expenditures less than the
estimated project cost will result in a reduced final payment per the AGREEMENT
funding limitation. The CITY is responsible for any additional funds either through local
revenues, grants, other appropriations, and/or other funding sources.
6. The CITY shall provide evidence that its minimum cost -share of 50% has been met for
each submitted invoice. Absence of proper supporting documentation may result in non-
payment or audit and return of prior payments. In no event shall the DISTRICT be liable
for any contribution hereunder in excess of $175,000.
If the total consideration for this AGREEMENT is subject to multi -year funding
allocations, funding for each applicable fiscal year of this AGREEMENT will be subject
to Governing Board budgetary appropriation. In the event the DISTRICT does not
approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon
expenditure of the current funding, notwithstanding other provisions in this
AGREEMENT to the contrary. The DISTRICT will notify the CITY in writing after the
adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not
approved for this AGREEMENT.
The CITY shall submit quarterly financial reports to the DISTRICT providing a detailed
accounting of all expenditures incurred hereunder throughout the term of this
AGREEMENT. The CITY shall report and document the amount of funds expended per
month during the quarterly reporting period and the AGREEMENT expenditures to date
within the maximum not -to -exceed AGREEMENT funding limitation.
9. The CITY's contribution shall be at least 50% of the total amount of the project in
conformity with the laws and regulations governing the CITY.
10. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement
of Work, which is attached hereto and made a part of this AGREEMENT. The CITY
shall submit quarterly progress reports detailing the status of work to date for each task.
The work specified in Exhibit "A" shall be under the direction of the CITY but shall be
open to periodic review and inspection by either party. No work set forth in Exhibit "A"
shall be performed beyond September 28, 2018 unless authorized through execution of an
amendment to this AGREEMENT to cover succeeding periods.
Page 2 of 7, Agreement No. 4600003556
11. The CITY shall not subcontract, assign or transfer any other work under this
AGREEMENT without the prior written consent of the DISTRICT's Project Manager.
The CITY agrees to be responsible for the fulfillment of all work elements included in any
subcontract and agrees to be responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the CITY that the DISTRICT shall not be
liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s).
12. Both the DISTRICT and the CITY shall have joint ownership rights to all work items,
including but not limited to, all documents, technical reports, research notes, scientific data,
computer programs, including the source and object code, which are developed, created or
otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s)
and/or successor(s) as required by the Exhibit "A", Statement of Work. Both parties' rights
to deliverables received under this AGREEMENT shall include the unrestricted and
perpetual right to use, reproduce, modify and distribute such deliverables at no additional
cost to the other party.
13. The CITY, to the extent permitted by law, assumes any and all risks of personal injury,
bodily injury and property damage attributable to negligent acts or omissions of the CITY
and the officers, employees, servants and agents thereof. The CITY represents that it is
self -funded for Worker's Compensation and liability insurance, covering bodily injury,
personal injury and property damage, with such protection being applicable to the CITY,
its officers and employees while acting within the scope of their employment during
performance of under this AGREEMENT. In the event that the CITY subcontracts any
part or all of the work hereunder to any third party, the CITY shall require each and every
subcontractor to identify the DISTRICT as an additional insured on all insurance policies
as required by the CITY. Any contract awarded by the CITY shall include a provision
whereby the CITY's subcontractor agrees to indemnify, pay on behalf, and hold the
DISTRICT harmless from all damages arising in connection with the CITY's subcontract.
14. The CITY and the DISTRICT further agree that nothing contained herein shall be
construed or interpreted as (1) denying to either party any remedy or defense available to
such party under the laws of the State of Florida; (2) the consent of the State of Florida or
its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of
Florida beyond the waiver provided in Section 768.28, Florida Statutes.
15. The parties to this AGREEMENT are independent entities and are not employees or
agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish
any relationship other than that of independent entities, between the DISTRICT, the
CITY, their employees, agents, subcontractors or assigns, during or after the term of this
AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or
otherwise transfer their rights and obligations as set forth in this AGREEMENT without
the prior written consent of the other parties. Any attempted assignment in violation of
this provision shall be void.
16. The parties to this AGREEMENT will not discriminate against any person on legally
protected bases in any activity under this AGREEMENT.
17. The CITY, its employees, subcontractors or assigns, shall comply with all applicable
federal, state and local laws, regulations and requirements relating to the performance of
this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but
Page 3 of 7, Agreement No. 4600003556
will attempt to advise the CITY, upon request, as to any such laws of which it has present
knowledge.
18. Either party may terminate this AGREEMENT at any time for convenience upon thirty
(30) calendar days prior written notice to the other party. In the event of termination, all
funds not expended by the CITY for authorized work performed through the termination
date shall be returned to the DISTRICT within sixty (60) days of termination.
19. The CITY shall allow public access to all project documents and materials in accordance with
the provisions of Chapter 119, Florida Statutes. Should the CITY assert any exemptions to
the requirements of Chapter 119 and related Statutes, the burden of establishing such
exemption, by way of injunctive or other relief as provided by law, shall be upon the CITY.
20. The CITY shall maintain records and the DISTRICT shall have inspection and audit rights
below. The CITY shall similarly require each subcontractor to maintain and allow access to
such records for audit purposes:
A. Maintenance of Records: The CITY shall maintain all financial and non -financial
records and reports directly or indirectly related to the negotiation or performance of this
AGREEMENT including supporting documentation for any service rates, expenses,
research or reports. Such records shall be maintained and made available for inspection for
a period of five (5) years from the expiration date of this AGREEMENT.
B. Examination of Records: The DISTRICT or designated agent shall have the right to
examine in accordance with generally accepted governmental auditing standards all
records directly or indirectly related to this AGREEMENT. Such examination may be
made only within five (5) years from the expiration date of this AGREEMENT.
C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT
should become involved in a legal dispute with a third party arising from performance
under this AGREEMENT, the CITY shall extend the period of maintenance for all
records relating to the AGREEMENT until the final disposition of the legal dispute. All
such records shall be made readily available to the DISTRICT.
21. If the DISTRICT's contribution includes state or federal appropriated funds, the CITY
shall, in addition to the obligations set forth in paragraph 20 above, require each
subcontractor to maintain and allow access to such records in compliance with the
requirements of the Florida State Single Audit Act and the Federal Single Audit Act.
22. All notices or other communication regarding this AGREEMENT shall be in writing and
forwarded to the attention of the following individuals:
South Florida Water Management District
City of Okeechobee
Attn: Nestor Garrido, Project Manager
Attn: David Allen, Project Manager
Attn: Sharman Rose, Contract Specialist
55 Southeast 3rd Avenue, #201
3301 Gun Club Road
Okeechobee, FL 34972
West Palm Beach, FL 33406
Telephone No: (863) 763-3372 X212
Telephone No: (561) 682-2167
Email dallen cityofokeechobee.com
Email: shros�sfwmd.gov_
Page 4 of 7, Agreement No. 4600003556
23. CITY shall send its invoices and any attachments to APInvoice(a,sfwmd.gov and a copy
to the DISTRICT Project Manager. All invoices must reference the CITY's legal name
as authorized to do business with the State of Florida; DISTRICT'S AGREEMENT
Number and Purchase Order (PO) Number as specified on the cover/signature page of the
AGREEMENT; a unique invoice number not previously used; date; a description of the
services performed, and the amount to be invoiced. CITY shall: 1) submit invoices using
a pdf file at a resolution of no less than 300 dpi; 2) name the pdf file with the CITY's name
and the PO number; 3) provide all required attachments with the invoice file (refer to
Attachment 1 to Exhibit C), and 4) include the PO number and Invoice number in the subject
line of the email. If email or pdf filing is not possible, the CITY must provide the above to
the following address:
South Florida Water Management District
Accounts Payable
P.O. Box 24682
West Palm Beach, FL 33416-4682
CITY must submit its invoices in compliance with the requirements of this subsection and
all other terms and conditions of this AGREEMENT in order to receive prompt payment
by the DISTRICT as described in Section 218.70, F.S. CITY's failure to follow the
instructions set forth in the AGREEMENT regarding a proper invoice and acceptable
services and/or deliverables may result in an unavoidable delay in payment by the
DISTRICT.
24. CITY recognizes that any representations, statements or negotiations made by DISTRICT
staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have
been reduced to writing and signed by an authorized DISTRICT representative. This
AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their
respective assigns, and successors in interest.
25. This AGREEMENT may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument. A photocopy, electronic or facsimile copy of this AGREEMENT and any
signatory hereon shall be considered for all purposes as original.
26. This AGREEMENT may be amended, extended or renewed only with the written
approval of the parties. The DISTRICT shall be responsible for initiating any amendments
to this AGREEMENT, if required.
27. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the
State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform
beyond their respective authority, nor does this AGREEMENT alter the legal rights and
remedies which the respective parties would otherwise have, under law or at equity.
28. Should any term or provision of this AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof, by force
of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not
affect any other term or provision of this AGREEMENT, to the extent that the
Page 5 of 7, Agreement No. 4600003556
AGREEMENT shall remain operable, enforceable and in full force and effect to the extent
permitted by law.
29. Failures or waivers to insist on strict performance of any covenant, condition, or provision of
this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or
remedies, nor shall it relieve the other party from performing any subsequent obligations
strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective
unless in writing and signed by the party against whom enforcement is sought. Such waiver
shall be limited to provisions of this AGREEMENT specifically referred to therein and shall
not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver
unless the writing states otherwise.
30. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be
submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek
in good faith to resolve the issue through negotiation or other forms of non -binding
alternative dispute resolution mutually acceptable to the parties. A joint decision of the
signatories, or their designees, shall be the disposition of such dispute.
31. This AGREEMENT states the entire understanding and agreement between the parties and
supersedes any and all written or oral representations, statements, negotiations, or agreements
previously existing between the parties with respect to the subject matter of this
AGREEMENT.
32. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 — 31
(b) Exhibit "A" Statement of Work
(c) Exhibit `B" Payment and Deliverable Schedule
(d) all other exhibits, attachments and documents specifically incorporated herein by
reference
Page 6 of 7, Agreement No. 4600003556
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AGREEMENT on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
0
BY ITS GOVERNING BOARD
Lennart J. Lindahl, P.E.
Assistant Executive Director
By:
Dorothy A. Bradshaw, Director
Administrative Services Division
SFtame:
F COUNSEL APPROVED
By:PrinDatam G
SFWMD PROCUREMENT APPROVED
By:
Date:
CITY OF OKEECHOBEE
Name of Authorized Individual
Title:
Page 7 of 7, Agreement No. 4600003556
EXHIBIT "A"
PAYMENT AND DELIVERABLES SCHEDULE
Centennial Park Stormwater Drainage Construction
City of Okeechobee
1.0 INTRODUCTION AND BACKGROUND
The South Florida Water Management District (DISTRICT) has allocated funding in Fiscal Year
2017 to local governments and other entities for construction and implementation of stormwater
management, alternative water supply, and water conservation projects through the Cooperative
Funding Program.
As a part of a basin management action plan, the objective is to reduce storm water pollutant loads
from the impaired Taylor Creek system, which has an adopted TMDL, and to educate the public
about stormwater treatment best management practices to reduce pollutant loads and enhance the
health of Taylor Creek.
The existing watershed in which the proposed project is located is comprised of a 15.4 acre
residential subdivision that currently has direct stormwater run-off discharge to Taylor Creek
through a series of roadside swales and driveway culverts. The discharge to Taylor Creek is
through a storm culvert that runs under and existing sanitary lift station site which is located
directly adjacent to the proposed project.
The project will direct the storm water away from the current outfall, through the project site where
water quality and some attenuation will be provided within a proposed grassed detention system
and baffle boxes before discharge to Taylor Creek. The existing outfall culvert located under the
sanitary lift station site will be taken out of service as part of the project.
2.0 OBJECTIVE
General project objectives, which align with the mission of the DISTRICT, include managing and
protecting water resources of the region by balancing and improving flood control, water quality,
and natural systems. The project specific objectives are to to reduce storm water pollutant loads
from the impaired Taylor Creek system, which has an adopted TMDL, and to educate the public
about storm water treatment best management practices to reduce pollutant loads and enhance the
health of Taylor Creek.
3.0 SCOPE OF WORK
City of Okeechobee (CITY) shall construct 4' X 8' Nutrient Separating Baffle Box, Bio-Swale,
removal and replacement of storm water pipe in accordance with design plans, project
specifications, and applicable permits.
The CITY will be responsible for satisfactory completion of the scope of work and may retain
consultants, contractors, and/or vendors to provide the professional and construction services
Agreement No. 4600003556, Exhibit "A", Page I of 2
required. The CITY will also be responsible for project management, budget management, quality
control, and public outreach.
4.0 WORK BREAKDOWN STRUCTURE
The work breakdown structure is presented below:
Task 1
Submit design plans, project specifications, bid amount documentation, and Notice to Proceed
(NTP) to the DISTRICT Project Manager via email.
Initiate construction activities per design plans, project specifications, and applicable permits.
Tasks 2 though 7
Continue construction activities per design plans, project specifications, and applicable permits.
Submit a quarterly status report (Exhibit "C") to the DISTRICT Project Manager via email which
provides a narrative of construction activities completed since the NTP was issued; a discussion
of project status; an explanation of conflicts or issues, if any, which may affect construction
progress or project performance; and a description of other pertinent information attached to the
quarterly status report such as project oversight/management documentation, results from
applicable inspections or field tests, addendums or revisions to design plans or project
specifications, and relevant project correspondence. The reports are due quarterly and shall be
submitted until the project is complete.
Task 8
Complete construction activities (100%) per design plans, project specifications, and applicable
permits.
Submit a Reimbursement Request Package to the DISTRICT Project Manager which includes
Certificate of Completion, a CITY invoice and supporting documentation such as consultant,
contractor, and/or vendor invoices and proof of payment(s).
Agreement No. 4600003556, Exhibit "A", Page 2 of 2
EXHIBIT "B"
PAYMENT AND DELIVERABLES SCHEDULE
Centennial Park Stormwater Drainage Construction
City of Okeechobee
The schedule set forth below is October 1, 2016 to September 28, 2018.
All deliverables submitted hereunder are subject to review and acceptance by the District Project
Manager. Acceptability of all work will be based on the judgment of the District that the work is
technically complete and accurate.
Payment shall be made following receipt and acceptance by the District of the Reimbursement Request
Package(s) in accordance with the schedule set forth below. The City shall submit a reimbursement
request upon completion of each Task noted below. If applicable, the City shall submit a final
reimbursement request for payment on or before September 28, 2018 for reimbursement. All
reimbursement requests shall be accompanied by adequate documentation to demonstrate completion of
each Task in accordance with Exhibit A the Statement of Work (SOW).
Reimbursement Request Packages shall include, but not be limited to, a copy of the City's invoice, signed
certification letter for partial payment that the Task(s) is (are) complete per the SOW or that the project is
complete per the SOW, copies of vendor invoices, and any other documentation supporting payment.
Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance
with Exhibit A the SOW.
The District shall only be obligated to pay for documented actual construction costs within the not -to -
exceed amounts specified below. In no event shall the District's total obligation exceed the amount
specified below for the total Agreement; however, an actual construction cost less than the estimated
construction cost may result in a reduced final payment. The City is responsible for any additional funds
either through local revenues, grants, other appropriations, and/or other funding sources.
Total payment by the District for all work completed herein shall not exceed the amount of $175,000.00.
If the total consideration for this Agreement is subject to multi -year funding allocations, funding for each
applicable fiscal year will be subject to Governing Board budgetary appropriation. In the event the District
does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure
of the current funding, notwithstanding other provisions in this Agreement to the contrary.
Agreement No. 4600003556, Exhibit "B", Page 1 of 2
DISTRICT
Estimated
Task
Deliverable(s)
Due Date
CITY Share
Not -To-
Exceed
Project
Cost
Amount
Design Plans, Project
1
Specifications, Bid
September 29,
N/A
N/A
N/A
Amount Documentation,
2017
and NTP
2
Exhibit "C" - Quarterly
March 31, 2017
N/A
N/A
N/A
Status Report
3
Exhibit "C" - Quarterly
June 30, 2017
N/A
N/A
N/A
Status Report
4
Exhibit "C" - Quarterly
September 29,
N/A
N/A
N/A
Status Report
2017
5
Exhibit "C" - Quarterly
December 29,
N/A
N/A
N/A
Status Report
2017
6
Exhibit "C" - Quarterly
March 30, 2018
N/A
N/A
N/A
Status Report
7
Exhibit "C" - Quarterly
June 29, 2018
N/A
N/A
N/A
Status Report
Exhibit "C" - Quarterly
Status Report
Complete 100% of
construction activities per
design plans, project
8
specifications, and
September 28,
$150,000
$175,000
$250,000
applicable permits.
2018
Reimbursement Request
Package (including
Certificate of Completion,
Invoice(s), Proof of
Payment)
Total
$75,000
$175,000
$250,000
If applicable, interim Reimbursement Request Packages shall be submitted upon completion of the task(s) noted above.
Reimbursement Request Packages must be submitted on or before September 28, 2018 for reimbursement.
Exhibit C Quarterly Status Reports are due within ten (10) days of the due date.
Ineligible costs include, but not limited to, permits, as-builts, videos, early completion bonus, bonds and insurance,
etc.
Agreement No. 4600003556, Exhibit "B", Page 2 of 2
EXHIBIT "C"
QUARTERLY STATUS REPORT
CENTENNIAL PARK STORMWATER DRAINAGE CONSTRUCTION
1.0 DATE OF REPORT
Click here to Cntcr a date.
2.0 NAME AND TITLE OF PERSON COMPLETING REPORT
Click here to entcr text.
3.0 NARRATIVE OF CONSTURCTION ACTIVITIES COMPLETED TO DATE OR SINCE LAST
REPORT
Click here to enter text.
4.0 DISCUSSION OF OVERALL PROJECT STATUS
Click here to enter text.
5.0 EXPLANATION OF CONFLICTS, IF ANY, WHICH MAY AFFECT CONSTRUCTION
PROGRESS OR PROJECT PERFORMANCE
Click here to enter text.
6.0 DESCRIPTION OF OTHER PERTINENT INFORMATION ATTACHED THIS REPORT FOR
FURTHER CLARIFICATION OF DETAILS CONTAINED IN CONSTRUCTION
ACTIVITIES NARRATIVE, OVERALL PROJECT STATUS DISCUSSION, AND/OR
CONFLICTS EXPLANATION
Click here to Cntcr text.
Agreement No. 4600003556, Exhibit "C", Page I of 1
EX11111bit
Jan 17, 2017
CITY OF OKEECHOBEE
(863) 763-3372
AGENDA ITEM REQUEST FORM
PLEASE SUBMIT COMPLETED FORM TO:
CITY ADMINISTRATOR'S OFFICE
55 SE 3RD AVENUE
OKEECHOBEE, FLORIDA 34974
NAME: Anita Nunez
ADDRESS: Owner of Parrott Island Grille
TELEPHONE: 863-634-1289 FAX:
FAX (863) 763-1686
MEETING: REGULAR SPECIAL ❑ WORKSHOP ❑ DATE: Jan4a17 2017 ______
PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA:
Amend Chester 6 of the Code o rdinances to allow for the sale of alcohol on Sundays startingat 11:00 am and to extend the
-- -- --- --- ----
-- ----------- ----- — --
��Le9falcoholnighttQ2 -per— -------- ----------------------------- — --- — - -- —
PLEASE STATE W HAT DEPA RTM ENT (S) Y� HAVE WORKED WITH:
AdministratioR-------------------------- _ -- _
PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL:
Approve the amendment _-----------------------------------------------------------------------
PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH
APPLICABLE DOCUM ENTS:
IF A PRESENTATION IS TO BE MADE, PLEASE LIMIT THE TIME TO TEN MINUTES UNLESS OTHERWISE
APPROVED BY THE MAYOR.
C Tl'�h TT.T> TAT.
SIGNED BY: / DATE: 2 Z
(a)
(b)
(c)
(d)
Sec. 6-1. - Hours; Sunday sales; holiday sales.
Sale of liquor prohibited on Sunday. Except as otherwise provided in this section, it shall
be unlawful for any person holding an alcoholic beverage license from the state division
of alcoholic beverages and tobacco to serve, to sell, or cause to be sold, or to permit the
sale, service or consumption of liquor, as defined in F.S. ch. 565, but excluding beer and
wine, between 2:00 a.m. Sunday, and 7:00 a.rn. Monday.
Sale of beer and wine limited on Sunday. Except as otherwise provided in this section, it
shall be unlawful for any person holding an alcoholic beverage license from the state
division of alcoholic beverages and tobacco to serve, to sell, or cause to be sold, or to
permit the sale, service or consumption of beer, as defined in F.S. ch. 563, or wine as
defined in F.S. ch. 564, between 2:00 a.m. Sunday, and 1:00 p.m. Sunday.
Hours for sale of all alcoholic beverages. Except as otherwise provided in this section, it
shall be unlawful for any person holding an alcoholic beverage license from the state
division of alcoholic beverages and tobacco to serve or sell, or cause to be sold or
consumed, or to permit the sale or consumption of any alcoholic beverage between the
hours of 2:00 a.m. and 7:00 a.m., Monday through Saturday; providing for clarification
that any alcoholic beverage may also be sold from 7:00 a.m. Saturday and 2:00 a.m.
Sunday, and beer and wine may be sold on Sunday between the hours of 1:00 p.m. and
12:00 midnight.
Certain Sunday holiday sales permitted. If the holidays of New Year's Eve, New Year's
Day, or the Fourth of July were to fall on a Sunday in any calendar year, any person.
holding an alcoholic license from the state division of alcoholic beverages and tobacco
may, at their option, remain open for the sale of any beer and wine permitted by such
license until 2:00 a.m. on Monday morning following such Sunday holiday.
(e)
Atathority of police department. The chief of police, or his officers, may enter upon and
into any establishment holding an alcoholic beverage license from the state division of
alcoholic beverages and tobacco for inspection purposes, or other such purpose as
permitted by general law, during such business hours, or at such time as the license
holder, his agent or employee, or such other persons who may be within the premises, to
detennine compliance with this section. If it reasonably appears to the officer that alcohol
is being served, consumed or sold, past the time permitted in this section, the chief of
police, or his officers, are authorized to immediately order the establishment to be closed.
This failure to comply with this section may also subject the license holder, the owner of
the business, or a tenant leasing from a license holder to any additional penalties as may
be imposed by F.S. ch. 162, or this Code.
(Code 1982, § 3-2)
State Law reference— "Alcoholic beverages" defined, F.S. § 561.01; "beer" defined, F.S. §
563.01; "wine" defined, F.S. § 564.01; municipal authority to regulate hours, F.S. § 562.14.
City of Okeechobee
2016/2017 BUDGET
GENERAL FUND
RECAPITULATION - REVENUE AND EXPENSES
1t1 it
'Jan 17, 2017
20t4/2015
2015/2016
2015/2016
2016/2017
ACTUALS
AMENDED
ESTIMATES
BUDGET
FUND BALANCE
$ 3,744,185
S 3,744,185
$ 3,744,185
$ 3,791,160
Roll Forward from previous year
$ 180,709
S 3,971,869
REVENUES
TAXES:
311-1000 96% AD VALOREM @ 7.9932 S 1,783,987 S 1,868,924 S 1,866,614 $ 1,914,819
TOTAL $ 1,783,987 $ 1,868,924 $ 1,866,614 $ 1,914,819
OTHER FEES:
312-5200
314-1000
314-4000
314-8000
316-0000
319-0000
Fire Insurance Premium
S
52,662
S 50.100
$ 50,100
$ 50,100
Casualty Insurance Prem Tax (Police)
S
70,807
S 68,100
S 67,000
$ 67,000
Utility Tax -Electric
$
486,181
S 439,810
S 452,000
$ 450,000
Utility Tax/Natural Gas
$
22,538
$ 17,678
$ 17,800
$ 17,500
Utility Tax/Propane
$
35,724
S 33,721
S 33,000
S 30,200
Prof & Business Tax Receipt
$
74,812
S 67,554
S 72,000
S 66,800
Public Service Fee
$
4,808
S 4,400
$ 5,336
S 1,000
TOTAL
$
747,532
S 681,363
$ 697,236
$ 682,600
INTERGOVERNMENTAL REVENUES:
335-1210
335-1400
335-1500
335-1800
312-6000
315.0000
335-2300
338-2000
SRS Cigarette Tax
S
207,687
S 192,763
$ 192,763
$ 197,479
Mobile Home Licenses
S
26,254
S 21,020
S 19,590
$ 19,500
Alcoholic Beverage Licenses
S
5,822
S 5,200
S 5,400
$ 5,200
1/2 Cent Sales Tax
S
323,816
S 318,770
S 342,700
S 322,800
t Cent Sales Surtax
S
664,737
S 622,588
S 708,900
$ 656,154
Communications Service Tax
S
228,568
$ 216,300
S 230,767
$ 223,913
Firefighters Supplement
S
600
S 1,200
S 2,000
S 1,200
County Business Licenses
$
9,063
$ 5,100
S 4,089
S 4,989
TOTAL
S
1,466,547
$ 1,382,941
$ 1,506,209
$ 1,431,235
CHARGES FOR CURRENT SERVICES
322-0000
322-1000
323-1000
323-4000
323-7000
329-0000
341-2000
341-3000
341-4000
343-4010
Building & Inspections Fees
$ 103,387
S
90,170
S 79,000
Exception & Zoning Fees
$ 1,500
S 2,333
S
1,713
S 500
Franchise -Electric
S 411,298
S 375,422
S
405,000
S 401,000
Franchise -Natural Gas
S 2,352
S 7,095
S
8,020
S 7,095
Franchise -Solid Waste
S 113,952
S 103,450
S
107,450
S 103,700
Plan Review Fees
$ -
S 4,515
S
300
S 1,500
Alley/Street Closing Fees
S
S 500
S
-
Map Sales
S
S 25
S
S 25
Photocopies
S
S 25
S
$ 25
Solid Waste Collection Fees-Rcsd.
$ 384,520
S 365,433
1 S
381,500
S 375,800
TOTAL
$ 1,017,009
S 858,798
1 S
994,153
1 $ 968,645
1 of 1
ACTION LIST — January
�qendo Packets
10,2017Ym.oi 2017
from the City Administrator's Desk
SS E 3rd Ave., Okeechobee, FL 34974
- Centennial Park —Bidding process is set to commence as well as construction to follow.
Grants pending approval at 1 / 17/ 17 meeting.
Flagler Park Landscaping — urrently proposals sought in replacing trees in Flagler
parks and revitalization the park usage.
F��--�sigWitization North 9th — ON GOING — Continuing to work with lobbyist and
FDOT and HRTPO to gather additional information on projected traffic at the
intersection. County and City are aligned on subject legislatively.
- Building Department — CONTINUED — After a "set the market" type year, the building
department has seen activity that we have not seen in decades. The department continues
to operate in the black and is projected to continue the rest of the year.
- Brantley's- CONTINUED — there is still a purchase agreement on the property and it
continues to have items being removed. Pending closing, this may turn into the
Okeechobee Town Center Project. Code enforcement is monitoring the site continually.
- Commerce Park — New development with a 90%+ chance of fruition, property sale
currently being negotiated — Seeking attorney advice if Bid is required.
- CRA designation — Presentation for potential establishment of CRA and obtaining
speakers for council underway — speakers sought both pro/con for February/March.
(Basic information on CRA's attached)
- Okeechobee music fest coordination - City Fire and Police will be assisting the county
as required for March event.
- Grants — Meeting with Grant Writer to seek potential grants for City projects, list
attached.
- Increased Revenues over Budget
o Ad Valorem — Increase of $31, 595 (up 2% over budget)
o One -Cent sales Tax $4, 631 (up 5% over budget)
o Half -Cent sales Tax $2, 683 (up 5% over budget)
Page 1
- Public Works New Hire Part time administrative assistant - Jessie Weigum located at
public works facility.
- Gym memberships — Begun for 2017 calendar year, combined with Smoking policy in
effort to reduce increases in Health Care for upcoming years.
- Smoking policy — Policy revision pending, to include specific non-smoking areas as well
as applicable signage for City Hall and other City facilities.
- Phone System — Approved and awaiting the carrier for phones and service. Planned to
be implemented by end of February.
Attorney Assignments
Primitive Baptist Church —further inquiry to obtain the property
Foreclosures throughout City - S current - see attached list of properties
Sales of Commerce Park Lots
CXS letter regarding the condition of the crossings
Page 2
CRA Basics and General Information
Page 3
CRA [SEE-R-A], noun: A dependent special district in which any future
increases in property values are set aside to support economic development
projects within that district.
Community Redevelopment Agencies: What, When, and How
CRAB, as they are known, are quite common, but often there are many questions in the minds of
those who don't work with them everyday. How are they authorized? Who oversees them? What
is involved in their operation? How are they funded? This article is intended to simply answer
those questions. It also summarizes the legislation passed in session 2002 relating to CRAs. For
further information, please contact Carol Westmoreland of the Florida Redevelopment
Association at cestmoreland@flcities.com or call (850) 701-3608.
What is a Community Redevelopment Area or District?
Under Florida law (Chapter 163, Part III), local governments are able to designate areas as
Community Redevelopment Areas when certain conditions exist. Since all the monies used in
financing CRA activities are locally generated, CRAs are not overseen by the state, but
redevelopment plans must be consistent with local government comprehensive plans. Examples
of conditions that can support the creation of a Community Redevelopment Area include, but are
not limited to: the presence of substandard or inadequate structures, a shortage of affordable
housing, inadequate infrastructure, insufficient roadways, and inadequate parking. To document
that the required conditions exist, the local government must survey the proposed redevelopment
area and prepare a Finding of Necessity. If the Finding of Necessity determines that the required
conditions exist, the local government may create a Community Redevelopment Area to provide
the tools needed to foster and support redevelopment of the targeted area.
There are currently over 220 Community Redevelopment Areas in the State of Florida. To obtain
a current list, visit
What is a Community Redevelopment Agency?
The activities and programs offered within a Community Redevelopment Area are administered
by the Community Redevelopment Agency. A five- to seven -member CRA "Board" created by
the local government (city or county) directs the agency. The Board can be comprised of local
government officials and or other individuals appointed by the local government. Although one
local government may establish multiple CRA districts, there generally may be only one CRA
Board. Each district must maintain separate trust funds, and expend those funds only in that
district.
What is a Community Redevelopment Plan?
The Community Redevelopment Agency is responsible for developing and implementing the
Community Redevelopment Plan that addresses the unique needs of the targeted area. The plan
includes the overall goals for redevelopment in the area, as well as identifying the types of
projects planned for the area.
Examples of traditional projects include: streetscapes and roadway improvements, building
renovations, new building construction, flood control initiatives, water and sewer improvements,
parking lots and garages, neighborhood parks, sidewalks and street tree plantings. The plan can
also include redevelopment incentives such as grants and loans for such things as facade
improvements, sprinkler system upgrades, signs, and structural improvements. The
redevelopment plan is a living document that can be updated to meet the changing needs within
the Community Redevelopment Area; however, the boundaries of the area cannot be changed
without starting the process from the beginning.
What is Tax Increment Financing?
Tax increment financing is a unique tool available to cities and counties for redevelopment
activities. It is used to leverage public funds to promote private sector activity in the targeted
area. The dollar value of all real property in the Community Redevelopment Area is determined
as of a fixed date, also known as the "frozen value." Taxing authorities, which contribute to the
tax increment, continue to receive property tax revenues based on the frozen value. These frozen
value revenues are available for general government purposes. However, any tax revenues from
increases in real property value, referred to as "increment," are deposited into the Community
Redevelopment Agency Trust Fund and dedicated to the redevelopment area.
It is important to note that property tax revenue collected by the School Board and any special
district are not affected under the tax increment financing process. Further, unlike in some states,
Florida taxing entities write a check to the CRA trust fund, after monies are received from the tax
collector. In California, the increment is sent to the CRAs directly out of collected county tax
revenues, before they are distributed to each taxing entity.
The tax increment revenues can be used immediately, saved for a particular project, or can be
bonded to maximize the funds available. Any funds received from a tax increment financing area
must be used for specific redevelopment purposes within the targeted area, and not for general
government purposes.
How does the CRA Process Work?
A public meeting begins the designation process. Several steps will have to be accomplished
before the Community Redevelopment Area becomes are reality. These steps are briefly outlined
below.
I. Adopt the Finding of Necessity. This will formally identify the blight conditions within the
targeted area and establish the area boundary.
II. Develop and adopt the Community Redevelopment Plan. The plan addresses the unique needs
of the targeted area and includes the overall goals for redevelopment in the area, as well as
identifying specific projects.
Ill. Create a Redevelopment Trust Fund. Establishment of the Trust Fund enables the
Community Redevelopment Agency to direct the increase in real property tax revenues back into
the targeted area.
The Florida Legislature addressed CRAB in 2002 from an intergovernmental point of view, to
strengthen the ability of cities and counties to manage CRA creation, notices and term issues.
Disputes between cities and counties involving CRAs can be resolved locally by interlocal
agreements, and should be, since they usually involve growth management issues other than just
funding.
Florida Redevelopment Association Legislative Position
The FRA supports the ability of local governments to create and effectively use community
redevelopment agencies to redevelop and revitalize their urban areas. This includes the use of tax
increment financing. We further support local control and disposition of any disputes between
local governments over the use of such agencies and financing. The Florida Redevelopment
Association is available for technical assistance, legislative advocacy and redevelopment
educational resources.
For copies of current or past bills, statutes or further legislative information, you may visit
or call the FRA. at (850) 701-3608.
FRA Mission
The Florida Redevelopment Association (FRA) is dedicated to the revitalization and preservation
of Florida's communities. Operated under a contract with the Florida League of Cities in
Tallahassee, it's purpose is to promote the improvement of downtowns and other urban areas
through redevelopment and development activities under the Florida Statutes; encourage
Florida's communities to create a healthy mix of affordable workforce and market rate housing;
and provide a forum for networking, training and technical assistance; be an advocate for its
membership; and monitor legal and legislative issues. The FRA currently has more than 300
public and business agency members.
Summary
CRAs are a specifically focused financing tool for redevelopment. CRA Boards do not establish
policy for the city or county — they develop and administer a plan to implement that policy. The
CRA acts officially as a body distinct and separate from the governing body, even when it is the
same group of people. The CRA has certain powers that the city or county by itself may not do,
such as establish tax increment financing, and leverage local public funds with private dollars to
snake redevelopment happen. The CRA term is limited to 30 years, 40 years if extended. After
that time, all revenues (presumably much increased from the start of the CRA) are retained by
each taxing entity that contributed to the CRA trust fund.
Division of Community Development
Special District Accountability Program
Official List of Special Districts Online
Special District Primary Functions Cross Reference List
Many special districts have similar functions but are grouped separately because of the statutory authority
under which they operate and were created. The list below serves as a cross reference of similar functions.
1. Affordable Housing (See Also: Housing Finance)
2. Airports / Air Navigation Facilities
3. Aquatic Weed Control (See Also: Environmental Protection / Management)
4. Beach Facilities (See Also: Erosion Control, Recreational Facilities / Programs)
5. Business Improvement (See Also: Community Redevelopment, Downtown Improvement, Economic
Development, Municipal -Type Services and Improvements)
6. Capital Improvements (See Also County Development, Economic Development)
7. Children's Services (See Also: Juvenile Welfare)
8. Civic Facilities / Activities / Services (See Also: County Fine Arts)
9. Collaborative Client Information Systems
10. Common Facilities Maintenance (See Also: Neighborhood Enhancement, Neighborhood Improvement -
Neighborhood Preservation and Enhancement)
11. Community Development (See Also: Infrastructure Development)
12. Community Redevelopment (See Also: Business Improvement, Downtown Development / Improvement,
Economic Development)
13. Conservation (See Also: Environmental Protection / Management, Soil and Water Conservation,
Watershed Improvements)
14. County Beach and Shore Preservation (See Also: Erosion Control)
15. County Development (See Also: Economic Development, Capital Improvements, Industrial
Development)
16. County Fine Arts (See Also: Civic Facilities / Activities / Services)
17. County Health and Mental Health Care (See Also: Health Care, Health Facilities)
18. County Road and Bridge (See Also: Expressway and Bridge, Regional Transportation, Road
Maintenance, Transportation Systems / Services)
19. County Water and Sewer (See Also: Regional Water, Utility Systems / Services, Water and/or
Wastewater Systems)
20. Downtown Development / Improvement (See Also: Business Improvement, Community Redevelopment,
Economic Development)
21. Drainage and/or Water Control
22. Economic Development (See Also: Business Improvement, Community Redevelopment, County
Development, Downtown Development / Improvement, Industrial Development)
23. Educational Facilities Benefit (See Also: Higher Educational Facilities Financing)
24. Emergency Medical Services (See Also: Fire Control and Rescue)
25. Enterprise Zone Development
26. Environmental Protection / Management (See Also: Aquatic Weed Control, Conservation)
27. Erosion Control (See Also: County Beach and Shore Preservation, Soil and Water Conservation)
28. Expressway and Bridge (See Also: County Road and Bridge, Regional Transportation, Road
Maintenance, Transportation Systems / Services)
29. Fire Control and Rescue (See Also: Emergency Medical Services)
30. Gulf Environmental and Economic Recovery
31. Health Care (See Also: County Health and Mental Health Care, Hospital, Hospital - County, Hospital -
Lease Oversight)
32. Health Facilities (See Also: Hospital, Hospital - County, Hospital - Lease Oversight, Nursing Home)
33. Higher Educational Facilities Financing (See Also: Educational Facilities Benefit)
34. Historic Preservation
35. Hospital (See Also: Hospital - County, Hospital - Lease Oversight, Health Care, Health Facilities)
36. Hospital - County (See Also: Hospital, Hospital - Lease Oversight, Health Care, Health Facilities)
37. Hospital - Lease Oversight (See Also: Hospital, Hospital - County, Health Care, Health Facilities)
38. Housing Authority
39. Housing Finance (See Also: Affordable Housing)
40. Human Relations
41. Industrial Development (See Also: County Development, Economic Development)
42. Infrastructure Development (See Also: Community Development)
43. Inland Navigation and Waterways (See Also: Port Facilities)
44. Juvenile Welfare (See Also: Children's Services)
45. Lake and Dam Maintenance
46.
Land Authority
47.
Library -Law
48.
Library -Local
49.
Library - Regional
50.
Licensing and Regulation
51. Mobile Home Park Recreation
52. Mosquito Control
53. Municipal -Type Services and Improvements (See Also: Business Improvements)
54. Natural Gas Transmission (See Also: Utility Systems / Services)
55. Neighborhood Enhancement (See Also: Neighborhood Improvement - Neighborhood Preservation and
Enhancement, Common Facilities Maintenance)
56. Neighborhood Improvement - Local Government
57. Neighborhood Improvement - Neighborhood Preservation and Enhancement (See Also: Neighborhood
Enhancement, Common Facilities Maintenance)
58. Neighborhood Improvement - Property Owners' Association
59. Neighborhood Improvement - Special (Residential or Business)
60. Nursing Home (See Also: Health Facilities)
61. Parking Facilities (See Also: Municipal -Type Services and Improvements)
62. Personnel Management
63. Planning - Coordination (See Also: Planning - Land Use and Transportation, Planning - Regulation)
64. Planning - Land Use and Transportation (See Also: Planning - Coordination, Planning - Regulation)
65. Planning - Regulation (See Also: Planning - Coordination, Planning - Land Use and Transportation)
66. Port Facilities (See Also: Inland Navigation and Waterways)
67. Qualifying Improvements to Real Property
68. Recreational Facilities / Programs
69. Regional Transportation (See Also: County Road and Bridge, Expressway and Bridge, Road
Maintenance, Transportation Systems / Services)
70. Regional Water (See Also: Utility Systems / Services, Water and/or Wastewater Systems)
71. Research and Development
72. Road Maintenance (See Also: County Road and Bridge, Expressway and Bridge, Regional
Transportation, Transportation Systems)
73. Soil and Water Conservation (See Also: Erosion Control, Watershed Improvement)
74. Solid Waste Disposal
75. Street Lighting
76. Transportation Systems / Services (See Also: County Road and Bridge, Expressway and Bridge,
Regional Transportation, Road Maintenance)
77. Utility Systems / Services (See Also: Natural Gas Transmission, Regional Water, Water and/or
Wastewater Systems)
78. Water and/or Wastewater Systems (See Also: County Water and Sewer, Municipal -Type Services and
Improvements, Regional Water, Utility Systems / Services)
79. Water Management
80. Watershed Improvement (See Also: Soil and Water Conservation)
107 East Madison Street
Caldwell Building
Tallahassee, Florida 32399-4120
sue.
What is a CRA?
Dependent Special District (219 currently):
http•//w-AJ-vv florida,jobs.org/community-planning-and-
development/special-districts/special-district-
accountability-program
Created by a city or county by resolution or ordinance
Board Members appointed by local government --
elected officials or appointees
i63.358 Exercise of powers in carrying out community
redevelopment and related activities.
163.370 Powers; counties and municipalities;
community redevelopment agencies.
The Redevelopment Plan is the
Blueprint for CRA Activities
A publicly drafted master plan for redevelopment
Addresses unique customized needs of a specific CRA
district
Sets goals, specifies priorities , identifies projects
Project revenues and expenses - for at least the first five
years
Roadmap for private sector, consistency is good
Living document can be amended without limit
How are funds created?
What is Increment Financing?
Ad valorem property values frozen (base year) for
area (the year a CRA is created)
Yearly increase in property values applied to
millage is "increment"
95% of amount is sent to CRA trust fund
A County and city write check annually
CRA adopts budget based on amounts plus
donations, loans, bonds, interest
ANY activity authorized under Ch 163, Part 111,
Florida Statutes.
Relative to your CRA, activities are authorized
by your approved Redevelopment Plan and
funded by the increase in assessed values over
time, called increment.
Subject to "Sunshine'
(*a Few exceptions, check with your attorney)
Sunshine Law
Notices
Protocol
Best Practices
Public Access to records, media
requests, etc.
Subject to State's Ethics Rules
Successful CRAs
Vision
Leadership
Plan the work, then work the plan
A passion for partnerships
Community support and trust
Patience and the "guts" to stick with it
Wisdom to evolve and embrace the next opportunity
How t0 be d `CRA Leader'
Do your homework (benefit from FRA experience)
Seek out comment from citizens, businesses - build
consensus - build partnerships
Adopt the shared vision and make a personal
commitment to it
Explain `Who, What, When, Where and How' as many
times as necessary
Get out of the way - steer don't row
Work for redevelopment success, not credit
i:.
www.redevelopment.net
Florida Redevelopment Association
Carol Westmoreland, Executive Director
cwestmoreland@flcities.com
Jan Piland, Executive Assistant
iniland@flcities.com
850.701.3608
Other Association Resources
• ww.floridaplanning.org
International Council of Shopping Centers www:icsc.org
Urban Land Institute www.uli.or�
Florida Brownfields Association www.fba.org
• Florida League of Cities -www.flcities.com
• Florida Association of Counties wnvw.flcounties.com
r Working Waterfronts Program www.myflorida.com
• Florida Main Street Program www.Mflorida.com
LAT & ASSOCIATES, LLC
Florida Boating Improvement Prog. (FBIP) 1st quarter of FY 2017 with Closing Date 3-2017.
The City has DEP & City funding for Centennial Park, with an FBIP grant request of $400K and
Grantee share of $900K, which greatly increases the opportunity of receiving the FBIP grant
request. As an identified RACK community, the City of Okeechobee was only required to
provide a 25% match but the City's local Design/Eng. match (DEP) for $187,500 provided a 57%
match. Contract Total (As per Exhibit C) $5,550.00
Land and Water Conservation Fund (LWCF) 1st quarter of FY 2017 with Closing Date 3-2017.
LWCF provides matching grants to State & Local Governments for the acquisition and
development of public outdoor recreation areas and facilities. 2016 funding (regular) for state
of Florida $4,369,261K. As an identified RACK community, the City of Okeechobee should
submit for this grant if possible. Contract Total (As per Exhibit C) $5,550.00
Florida Department of Transportation — Legislative Appropriations— 2nd to 3rd quarter of FY
2017 with Closing Date approximately 60-90 days. FDOT will provide approximately 100% with
the City providing the in -kind support for an increase in grant points. As an identified RACK
community, the City of Okeechobee is not required a % match. Most funding can be enhanced
through Legislative Contact(s). Contract Total (As per Exhibit C) $4,550.00
• Florida Department of Transportation — Small County Outreach Program for Rural Areas of
Opportunity Application (SCOP) — 3rd to 4th quarter of FY 2017 with Closing Date
approximately 60-90 days. Funding is allocated by FDOT will provide approximately 100% with
the City's submission of streets requiring reconstruction. As an identified RACK community,
the City of Okeechobee is not required a % match. Most funding can be enhanced through
Legislative Contact(s). Contract Total (As per Exhibit C) $4,550.00
Florida Recreation Dept. Assistance Program (FRDAP) - DEP Fourth quarter opening 2"d week
of Oct with Closing Date 4eh week of October 2017. FRDAP will provide approximately $50K for
Recreational Equipment for Centennial Park with no matching requirement from the City. As an
identified RACK community, the City of Okeechobee gains additional points, and since the
Design/Engineering is complete and the project was included in the Comprehensive Plan and
can move forward without delay, additional points are once more added. Contract Total (As per
Exhibit C) $5,550.00
SFWMD - COOPERATIVE FUNDING PROG. STORMWATER MANAGEMENT First quarter of FY
2017 with Closing Date 5-2017. SFWMD Applications are limited to 25 pages including figures,
they allow Reduction of Matching Funds (if applicable), and Acknowledgement letters.
Application submittals must be uploaded by submission date. Excellent support from SFWMD's
technical staff for upload and acceptance. This application is for projects which will be
constructed between 10-1-2017 & 9-30-2019. Contract Total (As per Exhibit C) $4,550.00
5009 SE 42"d Trace
Okeechobee, FL 34974
ltomeu@netzero.com Mobile: 561-827-0919