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1994-11-15CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION A. Call Meeting to order on November 15, 1994 at 7:00 p.m. B. Invocation offered by Reverend John Hart; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council Attendance: Mayor James E. Kirk Councilmember Danny P. Entry Councilmember Michael G. O'Connor Councilmember Jerry E. Walker Councilmember Dowling R. Watford, Jr. Staff Attendance: City Attorney John R. Cook City Administrator John J. Drago City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea Mayor Kirk called the Regular Meeting to order on November 15, 1994 at 7:00 p.m. Reverend Griffis offered the invocation; Mayor Kirk led the Pledge of Allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present D. Motion to dispense with the reading and approve the Summary of Councilmember O'Connor moved to dispense with the reading and approve the Council Action for the Regular Meeting of October 18, 1994, the Summary of Council Action for the regular meeting of October 18, 1994, the Workshop Workshop Meeting of November 1, 1994 and the Special Meeting of November 1, 1994 and the Special Meeting of November 7, 1994; seconded by Of Councilmember Entry. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 457 PAGE 1 OF 23 • ` • NOVEMBER 15 1994 - REGULAR MEETING - PAGE 2 OF 23 .::.::::::::: _:::;: :: > ::.E[,3J4...................................................:......::.:::::::::...: ,.......... ........................................................... ............... .................... ...:.................................. ........... ........................................................::::.::::.............................. ....................................................................... T ........................................................................0 .1 C Q 1 O.:.::.:.:::::::...........................:..:.:::::::.:::.: .. ................1.......... S......................... . D. Motion to approve the Warrant Registers for September, 1994: Councilmember Watford moved to approve the Warrant Registers for September, 1994 in the amounts: General Fund three hundred fifty-five thousand, four hundred twenty - General Fund ..... $355,423.03 three dollars, three cents ($355,423.03) and Public Utilities Fund seven hundred eight Public Utilities ... $708,367.30 thousand, three hundred sixty-seven dollars, thirty cents ($708,367.30); seconded by Councilmember Walker. KIRK X ENTRY X O'CON NOR X WALKER X WATFORD X MOTION CARRIED. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. Mayor Kirk asked if there were any additions, deferrals or withdrawals of items on today's agenda. Mayor Kirk announced that New Business number six will have two parts, add "a motion to accept the Election Canvassing Board results"; and that he was adding a New Business item number twenty-two "to discuss a full board or short board (of Councilmembers to finish out the year)." F. OPEN PUBLIC HEARING FOR REZONING Mayor Kirk opened the public hearing at 7:06 p.m. for Rezoning. 1. Consider Petition 94-419-R to rezone property located at 1110 N.W. 7th Court from Hold and Residential General 2 to Zoning Administrator Bill Royce appeared before the Council explaining this was a Residential Single Family - Mr. Bill Royce (Exhibit 1). routine request for rezoning. The property owners are Thomas C. Close and Thomas L. Close, the property is located at 1110 Northwest 7th Court, Block 14, Lots 7 through 14, (currently zoned Holding) and Lots 6 and 15 (currently zoned Residential General 2). The property owners are requesting Lots 6 through 15 be rezoned to Residential Single Family, this request is consistent with the Comprehensive Plan Future Land Use Map. The Planning Board and Staff recommend approval by the City Council. Following a brief discussion, Councilmember Watford moved to approve Petition 94-419- R changing the zoning from Holding and Residential General 2 to Residential Single Family; seconded by Councilmember O'Connor. Mayor Kirk asked if there were any comments or questions from the public. There were none. F. PUBLIC HEARING FOR REZONING 1. Consider Petition 94-419-R continued: CLOSE PUBLIC HEARING NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 3 OF 23 Vote on motion is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Mayor Kirk closed the Public Hearing at 7:10 p.m. G. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION Mayor Kirk opened the Public Hearing for First Reading of Proposed Ordinance No. 677 at 7:10 p.m. 1. a. Motion to read by title only Ordinance 677 - City Attorney Councilmember Watford moved to read by title only (and set December 6, 1994 as the (Exhibit 2). Public Hearing date) for (proposed) Ordinance No. 677; seconded by Councilmember Entry. Attorney Cook read proposed Ordinance No. 677 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE 635, AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 1. b. Discuss application 3. Dorothy M. Kinchen Cycle II-1994 Application Amendment No. 94-SSA-30 is by Dorothy M. Kinchen. The location is 442 Northwest 3rd Street (Lots 7 and 8 of Block 126; City of Okeechobee) and is approximately 0.688 acres and has an existing beauty shop in business. X X X X X G. PUBLIC HEARING FOR ORDINANCE ADOPTION 1. b. Dorothy M. Kinchen application continued: NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 4 OF 23 The current zoning is Commercial, Professional, Office; the Future Land Use Map (FLUM) has it designated for Single Family use. The applicant is requesting a redesignation to Commercial to correct the FLUM error. Attorney Cook explained the surrounding zoning and land use is of commercial and Public Facility use. The beauty shop was in business before the FLUM was adopted. The lots could be considered to be located within the heart of the City's commerciaV professional business office neighborhood, which contains little or no residential uses. Staff recommends that the requested FLUM amendment be approved as a scrivener's error. Mayor Kirk asked if there were any questions or comments from the public. There were none. b. Discuss application 2. Valerie Lewis & Glynda Cavalcanti. Cycle II-1994 Application Amendment No. 94-SSA-31 is by Valerie Lewis and Glynda Cavalcanti. The location is 405 Northwest 4th Avenue (South half of Lots 1 and 2 of Block 105; City of Okeechobee) and is approximately 0.160 acres and has an existing single family residence on the property. The current zoning is Commercial, Professional, Office; the FLUM has it designated for Single Family use. The applicant is requesting a redesignation to Commercial to correct the FLUM error. Attorney Cook explained this application is in the same neighborhood as 94-SSA-30. There is a residence on the North side of Lots 1 and 2. The area around this parcel is "dotted' with some existing single family uses, and this parcel may have supported such a use at the time the Existing Land Use Map (ELUM) was prepared. However, it would seem that this area of the City, is moving towards strictly commercial type uses. To designate the parcel for commercial use would be consistent with the existing trend and future land uses desired for this area. Staff recommends that the requested FLUM amendment be approved as a scrivener's error. 461 NOVEMBER 15 1994 REGULAR MEETING - PAGE 5 OF 23 <`y>tE::::::;: :.;.::.::.::.::.;:.::.:.:.: tR..........................................................:.............:............................................................................................................................. ;.:.. ::;::;.A ; > . C11..I>I ...t....1.....:..1 rs Ate. G. PUBLIC HEARING FOR ORDINANCE ADOPTION 1. b. Valerie Lewis & Glynda Cavalcanti application continued: Mayor Kirk asked if there were any questions or comments from the public. Valerie Lewis was present and addressed the Council explaining the existing residence will be made into a CPA office. 1. b. Discuss application 7. Charles Farmer and James R. Cycle II-1994 Application Amendment No. 94-SSA-32 is by Charles Farmer and James Crowe. Crowe. The location is unnumbered fronting Northeast 13th Avenue (Lots 1 to 6 of Block 4; Price Addition and unplatted lands) and is approximately 3 acres and has an existing single family residence on the lots and the unplatted is vacant. The current zoning is Holding; the FLUM has it designated for Single Family use. The applicant is requesting a redesignation to Commercial for future development. Attorney Cook explained this parcel is adjacent to an existing commercial use which fronts State Road 70 East. This parcel does not support a mapping error but the Council could approve it for redesignation since the area does support commercial use. The applicant has already paid the five hundred dollar deposit for non map errors. Mayor Kirk asked if there were any questions or comments from the public. Charles Farmers son was in attendance and addressed the Council briefly. 1. b. Discuss application 4. Estate of Michael Sullivan. Cycle II-1994 Application Amendment No. 94-SSA-33 is by the Estate of Michael Sullivan, John R. Smith is now the property owner. The location is 309 Northwest 4th Street (West 1/2 of Lot 5 and Lot 6 of Block 125; City of Okeechobee) and is approximately 0.04 acres and has an existing financial services business on it. The current zoning is Commercial, Professional, Office; the FLUM has it designated for Multi -Family use. The applicant is requesting a redesignation to Commercial to correct a FLUM scrivener's error. Attorney Cook explained the property was previously the law office of Michael Sullivan. There is an existing Multi -Family use on the East half of Lot 5 and Lot 4, Lot 3 is vacant and Lots 1 and 2 have an existing single family residence on it that appears to be vacated. 462 NOVEMBER 15 1994 - REGULAR MEETING - PAGE 7 OF 23 i±l.................:.:....................................................................................................................................::, ......................................................,.......sn... } 'll G. PUBLIC HEARING FOR ORDINANCE ADOPTION 1. b. Watford, Inc. application continued: The Council should consider how they want this City to look in years to come, and what areas they would want to direct commercial versus non-commercial activities. In this particular application, considering the long standing commercial use of the property; the growth of the commercial uses stretching outward from the center of the City along the main corridors of Highway 441 and State Road 70; the fact this existing use has worked well for so long and that if this application were granted then the zoning and land use designations would match up. Mayor Kirk asked if there were any questions or comments from the public. There were none. Council discussed this application with Mr. Jeff Watford. Councilmember Watford stated he built his home in this area knowing there was a commercial use and it has not bothered him. Councilmember O'Connor questioned how this application could not be a (scrivener's) error when the commercial designation to operate Watford Trucking was in use many, many years before the Comprehensive Plan was ever thought of. Council decided this application should be considered a scrivener's error. 1. b. Discuss application 5. Watford, Inc. Cycle II-1994 Application Amendment No. 94-SSA-34 is by Watford, Inc. Jeff Watford is the owner. The location is 401-405 Northeast 4th Street (Lots 1 to 12 of Block 112; City of Okeechobee) and is approximately 2.06 acres; Lots 1 to 8 are vacant and undeveloped, Lots 10 to 12 have an existing single family residence on it. The current zoning is Residential Single Family; the FLUM has it designated for Single Family use. The applicant is requesting a redesignation to Commercial for future growth of the trucking company that is in the next block (113). Attorney Cook explained he did not feel this application is a scrivener's error. This application for Watford does not contain the same factors as their application in 94-SSA- 35. The main difference is that the zoning on these lots is presently Residential single Family and at the time the ELUM was created the single family structure could have been in use. Since the Council followed staff recommendation to approve the 94-SSA- 35 he felt they could also approve this application. Mayor Kirk asked if there were any questions or comments from the public. There were none. 463 G. PUBLIC HEARING FOR ORDINANCE ADOPTION b. Estate of Michael Sullivan application continued: 1. b. Discuss application 6. Watford, Inc. NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 6 OF 23 This parcel is located within the central part of the City which has been moving toward commercial use (same neighborhood as 94-SSA-30 and 94-SSA-31). The Multi -Family use for this parcel could be appropriate to the area, this designation on the ELUM seems to be in error considering the commercial use and zoning on this parcel at the time the ELUM was created. Also the nature of the surrounding commercial uses in this area would have to be considered. Staff recommends that the requested FLUM amendment be approved as a scrivener's error. Mayor Kirk asked if there were any questions or comments from the public. Mr. John Smith was in attendance and explained further to the Council his intentions to build a financial office. Cycle II-1994 Application Amendment No. 94-SSA-35 is by Watford, Inc., Jeff Watford is the owner. The location is 501 Northeast 4th Street (Lots 3 through 9 of Block 113; City of Okeechobee) and is approximately 1.54 acres and has an existing trucking company in business on it. The current zoning is Commercial II; the FLUM has it designated for Single Family use. The applicant is requesting a redesignation to Commercial to correct a FLUM error. Attorney Cook explained he did not feel this application is a scrivener's error because this area of the City is going toward residential although there are some existing commercial uses in the area. This property has supported a historic Commercial use for the trucking company. Under current planning criteria, such a designation could be called "spot zoning.° The issue on this application is whether this commercial use should continue in this section of the City, and the Council's desire as to how the future make-up of commercial land uses that should occur in this section. NOVEMBER 15 1994 -REGULAR MEETING PAGE 8 OF 23 ,::......:::......................................................:..................................................:::.:::::.:.:::::::::::::.:::::.::.:.:.1­1:::..::::::::::::.:.::.:.:...:....::...:....::.......::.................:....:...::.:::::::::.::::::::::,::::::.:::::::::..:::..::.:::.:::::::::::::::::.:::::::::::::::::::::::..:.::.::.::.:.........:::.::::::::::::::::.... N. 8 . :A 71. G. PUBLIC HEARING FOR ORDINANCE ADOPTION 1. b. Watford, Inc. application continued: Council agreed this application was not a scrivener's error, also agreed with staff recommendation to approve it. Applicant will have to pay the five hundred dollar deposit. Cycle II-1994 Application Amendment No. 94-SSA-36 is by Richard A. Ward. The location is unnumbered 7th Street and 10th Avenue, Northwest (Lots 1 to 20 of Block 67; City of Okeechobee) and is approximately 3.37 acres; area is vacant and undeveloped. The current zoning is Industrial; the FLUM has it designated for Single Family use. The applicant is requesting a redesignation to Industrial for future development of the parcel. Attorney Cook explained this parcel is directly South of CSX Railroad, all the surrounding area is undeveloped except to the Southwest where there are existing residences. While the City has in the past amendments changed the FLUM to reflect industrial use along this CSX Railroad right-of-way, this particular parcel has a slightly different characteristic. Since the property is vacant and supported no industrial or commercial use at the time the ELUM was prepared, the property owner possessed no inherent right to continue the industrial use on the FLUM. The traditional zoning and planning theory would seek to concentrate industrial use to a confined area, and buffer this use to a less concentrated commercial use, than to multi -family perhaps, and further away, single family. As this area is undeveloped land, except for the homes across Northwest 7th Avenue, the Council should carefully consider its plan for the entire area. This application is not considered a scrivener's error by staff. Another suggestion may be designating the part near the railroad as industrial, with lighter commercial use designation on the South end of the parcel near the homeowners. Mayor Kirk asked if there were any questions or comments from the public. There were none. Council discussed the application with Mr. Ward. Council agreed with staff recom- mendation that this application is not a scrivener's error. E NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 9 OF 23 G. PUBLIC HEARING FOR ORDINANCE ADOPTION 1. c. Public Comment. (I) Mayor Kirk asked for public comments on each application. 1. d. Motion to adopt (first reading) Ordinance 677. III Councilmember Walker moved to approve the first reading of (proposed) Ordinance No. 677; seconded by Councilmember O'Connor. 1. e. Vote on motion. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. CLOSE PUBLIC HEARING Mayor Kirk closed the Public Hearing at 8:16 p.m. H. NEW BUSINESS 1. Issue Proclamations - Mayor Kirk. III Mayor Kirk read Proclamation No. 94-P-4 in its entirety as follows: "WHEREAS, the global spread of the HIV infection and AIDS necessitates a worldwide effort to increase communication, education, and preventive action to stop the spread of HIV/AIDS; and WHEREAS, the World Health Organization had designated December 1, of each year as World AIDS Days, a day to expand and strengthen the worldwide effort to stop the spread of HIV/AIDS; and WHEREAS, the World Health Organization now estimates that 17 million people have been infected with HIV and that around 4 million of them have developed AIDS; and WHEREAS, the American Association for World Health is encouraging a better understanding of the challenge of HIV/AIDS nationally as it recognizes that the number of people diagnosed with HIV and AIDS in the United States continues to increase, with an estimated 1 in 250 Americans currently HIV positive and over 361,164 AIDS cases reported (as of December 31, 1993); and WHEREAS, World AIDS Day provides an opportunity to focus on HIV infection and AIDS, caring for people with HIV infection and AIDS, and learning about HIV/AIDS; and X X X X X NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 10 OF 23 H. NEW BUSINESS 1. Issue Proclamations continued: WHEREAS, World AIDS Day 1994, "AIDS and Families" focuses on how families are affected by HIV/AIDS, how families can become more effective in both HIV/AIDS prevention and care, and on how families can contribute to global efforts against HIV/AIDS; NOW, THEREFORE, 1, James E. Kirk, Mayor of the City of Okeechobee, do hereby declare December 1, 1994 as World AIDS Day and urge all citizens to take part in activities and observances designed to increase awareness and understanding of HIV/AIDS as global challenge, to take part in HIV/AIDS prevention activities and programs, and to join the global effort to prevent the further spread of HIV/AIDS." Mayor Kirk then presented the proclamation to Mr. Robert Knisely. Mayor Kirk read Proclamation No. 94-P-5 in its entirety as follows: 'WHEREAS, the prosperity and well-being of this community are dependent upon understanding and cooperation between the two great elements of our society; farmers and non -farm people, and WHEREAS, the complexities of their individual endeavors and the divergence of their activities with decreasing opportunity for interaction could lead to areas of misunderstanding, and WHEREAS, Farm -City Week provides an unparalleled opportunity for farm and city people to establish communication to become acquainted, I, THEREFORE, as Mayor, James E. Kirk, of the City of Okeechobee, do hereby proclaim the period of November IS through November 23, 1994 to be Farm -City Week; and I do further call upon all citizens of this community to participate in join visits, seminars, pageants, fairs, civic and social events conducted during Farm -City Week." Mayor Kirk then presented the proclamation to Mrs. Sandra Brumley who presented the Council with an assortment of vegetables and fruit bags. 2. Consider Phase IV for Blue Heron - Mr. Bill Royce (Exhibit Planning Administrator Bill Royce addressed the Council requesting approval of Phase 3) 111 IV -A of the Blue Heron Golf and Country Club. Developers are Jim and Jo Baughman. 467 H. NEW BUSINESS 2. Consider Phase IV for Blue Heron continued: NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 11 OF 23 Council discussed at length with Staff and the Baughman's certain changes in the Proposed Phase IV -A that were not consistent with the preliminary plat, but had been changed by the developer to improve traffic circulation. Council and Mr. Royce discussed the correct procedures that should have been taken prior to submitting the phase for approval. Councilmember Entry moved to approve the final plat as modified: (a) with new road, and (b) Phase IV in sub -phases; seconded by Councilmember O'Connor. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD MOTION CARRIED. Council then discussed that the developers agreement for Blue Heron would expire January 2, 1995. The developers are asking for a time extension. Council and staff also discussed changes in the land development regulations. It was understood by Council and the Baughman's that should the extension of the developers agreement expire again before the development is complete the Baughman's would have to abide by the new land development regulations that would be in place by then. Councilmember Entry moved to extend the developers agreement forfive years for Blue Heron; seconded by Councilmember Walker. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. X NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 12 OF 23 H. NEW BUSINESS 3. Hear from Mr. Larry Melland concerning the Public Service Mr. Larry Melland addressed the Council explaining that after he built a house on a lot Fee - Mr. Larry Melland (Exhibit 4). he found out he had to pay a public service fee and he did not feel that he should be held liable for the fee he also stated that he did not think the fee is legal or fair. Attorney Cook explained what the public service fee is. The definition in the City Code Book, "Public service fee means an annual user charge applicable to all structures certi ied for occupancy by the Okeechobee County Building and Zonjng Department but not appearing the Okeechobee County tax rolls as an improvement to real property." Following lengthy discussion between Council, Staff and Mr. Melland, Mayor called three times for a motion to waive the public service fee. No motion was offered. Mr. Melland is to pay the public service fee of one hundred seventy-six dollars ninety-six cents ($176.96); and five dollar ($5.00) driveway inspection fee. Mr. Melland again stated he did not feel he should pay this fee and would continue by taking it through the courts. 4. Motion to appoint Mr. Greg Whidden and Mr. Jamie 11 Councilmember Entry moved to appoint Mr. Greg Whidden and Mr. Jamie Gamiotea as Gamiotea as new Utilities Service Mechanics - Director of new Utilities Service Mechanics; seconded by Councilmember Walker. Public Utilities. Mr. Whidden and Mr. Gamiotea were present, Mayor Kirk extended a welcome. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. X X X X X j • • NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 13 OF 23 H. NEW BUSINESS 5. Motion to appoint Mr. Nate Stewart as a new Police Officer - Councilmember O'Connor moved to appoint Mr. Nate Stewart as a new Police Officer; Chief Mobley. III seconded by Councilmember Entry. Mr. Stewart was present, Mayor Kirk extended him a welcome. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. ITEM ADDED TO THE AGENDA: 6. a. Motion to accept the General City Election returns - City Councilmember O'Connor moved to accept the Certification of the Okeechobee County Clerk. Canvassing Board for the 1994 Election Canvass Returns; seconded by Councilmember Walker. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 6. b. Motion to adopt Resolution 94-19 - City Clerk (Exhibit 5). III Councilmember Watford moved to adopt Resolution No. 94-19, 1994 General Election Canvass results; seconded by Councilmember Entry. Resolution No. 94-19 reads as follows: "WHEREAS, the City Council of the City of Okeechobee, Florida, has received the canvassed returns of the City General Election held November 8, 1994; and WHEREAS, Bob Oliver, Dowling R. Watford, Jr. and Noel A. Chandler received the highest number of votes for City Councilmen and Bonnie S. Thomas was unopposed for re-election as City Clerk. X X X X X X X X X X 470 NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 14 OF 23 <4' .......................:......:.:.v:......:....:.:.:::.:............................................................::::::...:..::.::::<:..::.:::.:::::. .....:...:.:::.:.....:.:.:.::.:.....::..::::::.:.::::........ . ....:.::... :...::::.:.:.:.:..: ................. .......... ..Ili. H. NEW BUSINESS 6. Adoption of Resolution No. 94-19 continued: NOW THEREFORE, BE IT RESOLVED, that Bob Oliver, Dowling R. Watford, Jr. and Noal A. Chandler be, and they are hereby declared elected as City Councilmen and the Bonnie S. Thomas be, and is hereby declared elected City Clerk and shall hold office for four (4) years from the first Monday in January following the City General Election and until their successors are elected and qualified as provided by the City Charter, Section 10. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to issue and deliver Certificates of election to each of the above named persons." 7. Motion to approve Guidelines for the City of Okeechobee Councilmember O'Connor moved to approve guidelines for the City of Okeechobee Commercial Revitalization Program - City Administrator Commercial Revitalization Program; seconded by Councilmember Entry. (Exhibit 6). Administrator Drago explained he and Mr. Fred Fox of Fred Fox Enterprises, consultants for the City to administer the grant, met with the property owners within the Revitalization Program (stores fronting Park Streets from Southeast 3rd Avenue West to 7th Avenue). The meeting was to explain the guidelines and answer any questions the owners may have had. The owners understand that only buildings/storefronts with existing businesses or pending leases for businesses to open are eligible for the grant money. Vacant buildings or stores can be done, but at the expense of the property owner. Churches are not eligible; however, they also may pay for the work to be done. A minimum of $15,000.00 per store front is how the money is divided. Buildings/Storefronts will be reconstructed to match the theme, alleyways paved, water and sewer lines upgraded and/or relocated; additional parking areas will be added by paving the vacant areas behind the stores. The area between the alley and the back doors of the stores will have to be done by the property owners. The idea's were well received among the property owners present. Someone even suggested a shuttle bus system. The next step will be for the architect to come up with a drawing, businesses will approve it or not and make adjustments to it. They will have to live with what they approve for at least five years because that is the amount of time you have to wait until another grant can be applied for, for those particular buildings/storefronts. 471 NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 15 OF 23 H. NEW BUSINESS 7. Motion to approve Guidelines for the City of Okeechobee The Council will have to approve the architects drawings and contract. Once the Commercial Revitalization Program contract is approved a detailed survey of the area will have to be done. The project will then get started using the survey. Everything will come to the Council for prior approval. Administrator Drago and Council then discussed further that a theme has not been chosen yet but will be something along the lines of hybrid, western, south western or Spanish. The colors will be identical to City Hall with barrel tile, but a "controlled design" will be maintained through the area. Vote on motion is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 8. Consider a time extension to Better Roads for the 1993/94 Engineer Kafer of Lawson, Nobles and Associates is requesting by letter in Exhibit paving contract - Director of Public Works (Exhibit 7). Seven a thirty day time extension for Better Roads of Lake Placid, Inc. for the 1994 Road Improvements due to delays resulting from the installation of a water main on Southwest 11th Drive. Public Works Director Elders also added that unusual rainy days 11 and delays from the telephone company compounded the problem. Councilmember O'Connor moved to grant the thirty day time extension to Better Roads for the 93/94 Paving Contract; seconded by Councilmember Entry. X X X X X 472 H. NEW BUSINESS 8. Time extension for Better Roads continued: NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 16 OF 23 Vote on motion is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 9. Motion to approve an engineering services contract with Councilmember O'Connor moved to approve an engineering services contract with Lawson and Noble in the amount $42.670.00 for the 1994/95 Lawson, Noble and Associates in the amount forty-two thousand, six hundred seventy paving program - Director of Public Works (Exhibit 8). dollars ($42.670.00) for the 1994/95 paving program; seconded by Councilmember Watford. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 10. Request direction for the 1994/95 paving program - Director Exhibit Nine contains a letter from Engineer Kafer of Lawson, Nobles and Associates of Public Works (Exhibit 9). stating his opinion that the City for the 1994/95 Road Improvements should approve a change order to Better Roads of Lake Placid, Inc. because it would be less expensive, faster turn around time for construction and an overall cleaner way to have the work 11 performed. Council and Staff discussed the change order. Councilmember Watford reminded the Council that the last time a change order was done local business owners expressed their concerns to the Council. Program Coordinator Threewits also advised the Council that on the last bid, those businesses did not submit a bid. Councilmember O'Connor moved to aoorove the change order; seconded by Councilmember Entry. X X X X X X X X X X 73 NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 17 OF 23 H. NEW BUSINESS 10. Request direction for the 1994/95 paving program continued: Discussion ensued concerning the feasibility of re -bidding the paving work to be done versus change orders; and the next time this occurs Council may choose to re -bid. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 11. Motion to approve a partial pay request to Better Roads in Councilmember Watford moved to approve partial pay request number four to Better the amount of $50,579.266 - Director of Public Works Roads in the amount of fifty thousand, five hundred seventy-nine dollars, twenty-six (Exhibit 10). cents ($50,579.26) for the 1994 Road Improvements (as recommended by Engineer Kafer of Lawson, Nobles and Associates); seconded by Councilmember Walker. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 12. Motion to award a chemical supply contract to Carus Councilmember Watford moved to award a chemical supply contract (Potassium Chemical Company in the amount of $32,994.00 - Director Permanganate) to Carus Company in the amount of thirty-two thousand, nine hundred of Public Utilities (Exhibit 11). ninety-four dollars ($32,994.00) as recommended by Public Utilities Director Jones; seconded by Councilmember Entry. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 18 OF 23 H. NEW BUSINESS 13. Motion to approve final pay request to HCE Electric in the Councilmember O'Connor moved to approve final pay request to HCE Electric in the amount of $76,250.00 - Director of Public Utilities (Exhibit amount of seventy-six thousand, two hundred fifty dollars ($76,250.00) as recommended 12)• by Engineer Reese of Reese, Macon and Associates for the SCADA System; seconded by Councilmember Watford. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 14. Motion to approve a partial pay request to CenState Councilmember Entry moved to approve partial pay request (number eight) to CenState Contractors in the amount of $75,026.61 - Director of Public Contractors in the amount of seventy-five thousand, twenty-six dollars, sixty-one cents Utilities (Exhibit 13). ($75,026.61) as recommended by Engineer Jenson of Reese, Macon and Associates for the Water Distribution System Improvements; seconded by Councilmember O'Connor. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 15. Motion to approve a partial pay request to Speegle Councilmember Entry moved to approve partial pay request (number one) to Speegle Construction, Inc. in the amount of $32,794.74 - Director of Construction, Inc. in the amount of thirty-two thousand, seven hundred ninety-four Public Utilities (Exhibit 14). dollars, seventy-four cents ($32,794.74) as recommended by Engineer Jensen of Reese, Macon and Associates for the Water Main Extension; seconded by Councilmember Watford. X X X X X X X X X X 475 NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 19 OF 23 H. NEW BUSINESS 15. Motion to approve a partial pay request to Speegle Vote on motion is as follows: Construction, Inc. in the amount of $32,794.74 continued: KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 16. Motion to approve final pay request to G.E. French in the Councilmember Watford moved to approve final pay request to G.E. French in the amount of $29,379.95 - Director of Public Utilities (Exhibit amount of twenty-nine thousand, three hundred seventy-nine dollars, ninety-five cents 15). ($29,379.95) as recommended by Public Utilities Director Jones for the water line extension on Southwest 11th Drive between 11th Street and 15th Street; seconded by Councilmember O'Connor. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 17. Motion to approve award of a Laboratory Services Contract Councilmember Watford moved to approve the bid to Harbor Branch Environmental to Harbor Branch Environmental Laboratory in the amount of Laboratory in the amount of fifty-five thousand, sixty-six dollars ($55,066.00) for a $55,066.00 - Director Public Utilities (Exhibit 16). Laboratory Services Contract as recommended by Public Utilities director Jones; seconded by Councilmember Entry. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 476 H. NEW BUSINESS 17. Motion to approve award of a Laboratory Services Contract to Harbor Branch Environmental Laboratory continued: NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 20 OF 23 Vote on motion is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 18. Motion to approve Amendment No. 2 to the Cooperative Councilmember O'Connor moved to approve amendment number two to the Agreement between the City and the South Florida Water Cooperative Agreement between the City and the South Florida Water Management Management District in the amount of $6,242.00 - Director of District in the amount of six thousand, two hundred forty-two dollars ($6,242.00) for the Public Utilities (Exhibit 17). Water Main Extension; seconded by Councilmember Watford. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 19. Discuss Blackflow Prevention Devices - Director of Public Public Utilities Director Jones addressed the Council requesting permission to not Utilities (Exhibit 18). charge any additional fee for backflow prevention devices but to include the cost of these devices as part of the connection fee. The City is currently paying fifty-five dollars seventy-five cents for a three -fourths inch and sixty-two dollars, fifty cents for a one inch backflow double check device. He also requested residential backflow preventers be installed during meter change out programs to existing services at no additional charge. Director Jones and Mr. Eddie Trent of the County Health Department explained the importance of these devices and the State's requirement for them. Councilmember Watford moved to adjust the Back Flow Prevention Devices to include new ones in connection fee and install for current residential and commercial. Director Jones requested Council reduce the motion to install in residential only. X X X X X X X X X X 477 H. NEW BUSINESS 19. Discuss Blackflow Prevention Devices continued: 20. Discuss Health Insurance - City Administrator (Exhibit 19) NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 21 OF 23 Following further discussion, Councilmember Watford withdrew his motion. Attomey Cook was instructed to present a new resolution to the Council with the appropriate changes as requested by Director Jones and place it on the next agenda for approval. Administrator Drago explained to the Council that last year the City received a decrease in the health insurance rates of 15%; this year the City has received an 11.8% increase in premiums. Due to the increase he worked with the insurance company to get a four tier rate schedule for the City since some employees who only insure their spouse or children do not need to be placed into the family plan and pay the higher cost. The following gives the employees a better selection and maintains full coverage: Single - $139.98/month Children only 1 or more - $125.21/month Spouse only - $160.84/month Family - $286.07/month Administrator Drago also recommended that the monthly stipend for employees be increased from eighteen dollars per month to seventy dollars per month and the four tier schedule be approved. Councilmember O'Connor moved to accept the four tier rates with the seventy dollar increase as presented: seconded by Councilmember Entry. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. 21. Discuss Cash Management program - Finance Director Finance Director Delorme addressed the Council explaining that before he was (Exhibit 20). employed research was done concerning direct deposit for employees. A survey of the employees revealed that thirty-six employees were in favor of direct deposit. He discussed this with Sun Bank and received information on the Cash Management Program. X X X X X • H. NEW BUSINESS 21. Discuss Cash Management program continued: ITEM ADDED TO THE AGENDA: 22. Discuss having a short board or long board - Mayor Kirk. NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 22 OF 23 Council discussed the Cash Management Program at length with Director Delorme, Mr. Rick Amsden, Senior Vice President Branch Manager of the Okeechobee Sun Bank and Pasty Swafford Vice President of Corparate Cash Management of the Winter Haven office. Councilmember Watford moved to accept the Finance Director's recommendation for the Cash Management Program. Motion died for lack of second. Following further discussion, Mayor Kirk recommended Director Delorme talk with the City's auditors on the program and get their opinions of it. He recommended the Council call the auditors also and do some of their own research on the program since some were skeptical about the security and checks and balances of the program. He also requested Director Delorme to list for the Council names of other governmental entities that use this program, then bring the proposal back to Council for further consideration. Mayor Kirk explained that the Council would either have to operate until the end of December 31 st with a four member board (City Council) or they can appoint someone to fill the vacancy (created by letter of resignation); Mayor Kirk recommended Council - member Walker fill this position through the end of his term. Due to the resign -to -run, law Councilmember Walker had to submit his resignation in order to run for County Commissioner. Effective date of the resignation is November 22, 1994. Councilmember O'Connor moved to appoint Jerry Walker to fill the position as Councilmember until December 31 1994• seconded by Councilmember Watford. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Mayor Kirk then administered the oath of office to Councilmember Walker. X X X X X 479 ADJOURNMENT Mayor Kirk NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TOINSURE THAT A VERBATIM RECORDS OF THE PROCEEDIGNS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. A RECORDING OF THIS MEETING IS ON FILE IN THE CITY CLERK'S OFFICE Jarfies�E. Kirk Mayor ATTEST - Bonnie S. Thomas, CMC City Clerk NOVEMBER 15, 1994 - REGULAR MEETING - PAGE 23 OF 23 There being no further items on the agenda, Mayor Kirk adjourned the meeting at 11:40 p.m. 6. iOaLL 4o atdzt Macak 4-o cbt4nse. u_c.4m V KIRK N iERY WALKEP n/#n/a IED / DENIED KIRK fin/a n/a ENTRYO'CONNO WALKER WATFOR i • N -- Mks _ -�_ P' c I 0 5 14 4-2 Otd 09. -^f KIRK Ii/a n/a ENTRY ` O'CONNOR ✓ WALKER — WATFORD C RRIE / DENIED k o LZ - ®_ F 0 w 1 • - _ • 1000, ` t - ll 1, vi-I `,: .� ,,. . -• ti .�E�i�7i�" � �`�f ``/( '�-. ' y` `lu ,`� ` i ,,L,•` •� . 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The pi 7th Court, and is located in the City of Okeechobee. Background The subject property is located on N.W. 7th Court, between N.' 12th Avenue. N.W. 12th Avenue is the west city limit. To the railroad tracks, to the east is vacant property currently utilized the south are single family homes and to the west is vi unincorporated county. Two of the lots that are included in the are zoned Residential General-2 (RG-2), while the remaining (H). A house is located on the western portion of the property, includir west portion of lots 9 and 12. The applicants desire to build two lots. However, the Holding zoning district requires a minimum pa. in order to build a house. The applicants are thus requesting Residential Single Family in order to build two homes on the 61c Residential Single Family zoning is to the south of the subject General-2 zoning is to the east. To the north, including the i zoning. Consistency with band Development Regulations As indicated, the Holding zoning district allows single family resid( parcel size of 2 acres. The size of the subject parcel is about 2.2: one house, but not two. Changing the zoning to RSF would allow 2 There is RSF zoning adjacent to the subject parcel. The reques consistent with the city's zoning regulations. Consistency with Comprehensive Plan The subject parcel is located within the Single Family future land adopted City of Okeechobee Comprehensive Plan. The proposed d Staff Report and Recommenda6m Okeechobee city council Feddon 94-419-R November 15, 1994 ;?�E WO -- is L. Close, property (H) and Residential address is 1110 N.W. 11th Avenue and N.W. )rth of the property are some truck parking, to nt pastureland in the bject property currently lots are zoned Holding lots 10 and 11 and the owes on the remaining eel size of two (2) acres a change in zoning to y, while Residential tracks, is Industrial ces, but on a minimum acres, enough land for Ingle family residences. ;d change in zoning is classification of the )pment is consistent with the adopted Comprehensive Plan. All land surrounding he subject parcel is also located in the Single Family future land use classification, inc uding the adjacent land currently zoned Industrial. Staff Recommendation As the request for a change in zoning is consistent with the City s zoning regulations and with the adopted Comprehensive Plan, staff recommends that the City Council grant the request for a change in zoning from Holding (H) and Residential General-2 (RG-2) to Residential Single Family (RSF). Planning -Board The Planning Board, on October 25, 1994, unanimously reco City Council grant the petition for a change in zoning from I to Light Commercial (C-1). The summary of that meeting William D. Royce Planning Director steer Report wd ReeommmuMm okewhobee ay oouneu Pethbn 94419-R November 15, 19% that the Okeechobee Single Family (RSF) 2 Okeechobee County Planning Summary of Meeting July 26, 1994 The Okeechobee Planning Board/Board of Adjustments and Ap] on Tuesday, October 25, 1994 at 7:00 p.m. in the County Cc Okeechobee County Courthouse, 304 N.W. Second Street, Oke Chairman Frank Marsocci opened the October meeting. Board Burke, Monica Clark, Brenda O'Connor, John Smith, and alternE members absent. were Dan Delagall and Keith Pearce. Also Cassels, County Attorney; Bill Royce, Planning Director; and 1 Petition 94419-R, Thomas C. Close and Thomas L. Close, Request for a change In zoning from Holding (H) and Residential Single Family (RSF). Mr. Royce reviewed the zoning map with the Planning Board. l applicants desire a change in zoning in order to construct a couple units. Under the existing Holding zoning, the minimum parcel residence is 2 acres, and the applicants desire to construct the prof lots smaller than that. Mr. Royce stated a change in zoning is c zoning regulations and with the adopted Comprehensive Plan, ani Planning Board recommend that the City Council grant the reques met in regular session Won Meeting Room, bee, Florida. :muers present were Jim Renee Hazellief. Board attendance were John lifer Busbin, Secretary. Owners and Applicants. al General-2 (RG-2) to r. Royce explained the if single family dwelling ;ize for a single family ised two new houses on asistent with the City's recommended that the for a change in zoning. Jim Burke moved to recommend to the City Council that a change in zoning from Holding (H) and Residential General-2 (RG-2) to Residential Single Family (RSF) be granted. Monica Clark seconded the motion. The motion carried unanimn ,civ_ steer Report and Recommendation Okeechobee city council Petition 94419-R November 15, 1994 NTY`O• F i./ r,001:i J� a 'i ION• :DEP ?'Ok eect�ot� :•• lorida 3 13- 7'63- NAME OF PROPERTY OWNER($): MAILING ADDRESS / DATE`€��EEp.;..,....:::€;€� �''. ...�:t.•�:,>:;:::: �, .::..•.�;::;:;.;...�..;. . PLICJI 71s! .Iwl 11M E. 13:Y N F •:•s . s .�.•a �E• i. : . •I i +t�fiiT""•'� A .i• sl: '�iii EAi��••ai� .E�QKO•H •�Iii� E11 Kos .p •8�• u ( a` M` �•AT• Q °R; ICE 8• .� U8 N '. �•• .i1Pp`: .U� IM-e at1 . — CLos PROPERTY ADDRESS`O6L , 4 NAME OF APPLICANT IF OTHER THAN OWNER (mint stale relationship): Note: It not Owner or Attorney at law. proof of author♦ ty mint be prorldN on Fo+nY L-Z HOME TELEPHONE: �—1 _ ��� 3 WORK TELEPHONE: , DIRECTIONS TO PROPERTY , .O.N,• ,.,� 1l d.i._ ..� ' _ _ WHAT iS CURRENT USE OF PROPERTY? DESCRIBE IMPROVEMENTS ON PROPERTY (11 none, •o state) APROXIMATE NUMBER OF ACRE$ Z "1,+ IS PROPERTY PART OF PLATTED SUBDIVISION? ARE THERE ANY DWELLINGS ON THE PROPERTY. IF SO. STATE NUMBER AND TYPE(CONVENTIONAL. MOBILE HOMES ETC.) AND WHETHER THEY AAE OCCUPIED ('�/£� IS THERE ANY CURRENT OR RECENT USE OF THIS PROPERTY THAT WOULD BE A VIO LATION OF COUNTY ORDINANCE? IF SO. OEBCRI$E p • HAVE THERE BEEN ANY LAND USE APPLICATIONS CONCERNING ALL OR PART OFT IS PROPERTY IN THE LAST YEAR. IF $O. DESCRIBE DATE. NATURE AND APPLICANT'S NAME N 19 A SALE SUBJECT TO THIS APPLICATION BEING GRANTED? ' IS THE SUBJECT PARCEL YOUR TOTAL HOLDINGS AT THAT, LOCATION? IF NOT. DEB OR INTENDED USE �S RISE THE REMAINING USE OR ' BRIEFLY DESCRIBE ADJOINING PROPERTY USE TO THE NORTH R $ouTH Sr . l XR 'T EAST WEST �. _ . .. kt-Akl CURRENT ZONING CLASS PROPOSED ZONINQ WHAT li YOUR DESIRED PER USE UNDER THE PROPOSED CLASS? e e IF GRANTED. WILL THE MEW ZONE BE CONTIGUOUS WITH A LIKE ZONE? IS A SPECIAL EXCEPTION NECESSARY FOR YOUR INTENDED USE? VARIANCE? m mm • TO: OKEECHOBEE CO. BUILDING & ZONING DEPAR SUBJ: REQUEST ZONING OF PARCEL R3-16-37-35-01 RESIDENTIAL FOR SINGLE FAMILY HOMES. FROM: THOMAS C. CLOSE REQUESTING THE ABOVE PARCEL BE ZONED RESID HOLD ZONING. FOR THE PURPOSE OF CONSTRUCTII RESIDENSES. T�� YO T. CHRIS 1 �t/�1�i9rQ� L 0 E-EC'd0D E C' EN9& SEP 2 3 h 1 If: 5 6 )140-0060 TO RI TIAL FROM THE ON OF SINGLE FAMILY .. ��r'Ar Ar !I t ;+ lie A t► ,4 ►-lm ok'al. off Kol 00 *- N 00 U-) co CD CO ]A HIFN - N CDLn .-- CO N cV n d- CC) c0 I� 00 O O N N N N N N LO N N _ N N � N �' � 00 rn O N f O N _ CN LO N tf) N :V � N CD N F--- CO N OL �a HI MN "' 0 O T O N = 00 rn F— �0 Lp 00 C7) N � U) CO t� (70 O pp F— rn 00 cr) O 0 z O _lcc_ r- Co 00 N ►� d' co t� 00 rn O N Cn LO �.•� mot- r7 �t T7_ F'oZ 1n d Hl o L M N ---- .,.� 0 cV ' r-- O0 0 Q N N •- N N O N O N C N O QO 00 o 00 LY r- O U LO C(O LO 110 CD 00 mco m. 00 �' 1 O z z m co CU cu CD cu .-. � oCD LW. 3AV o Hl [ l MNCD --.. .-. (U N .-, o ,� o (11 N ON cu O� 0i O� M .-a co m co 110 �,O Ln %10Ln 00 co m 4 ONN .-4 N- m cu o � ,_ 1-4.-+ .--� OL) ]AV Hl Z l MN ______ jW ONES 2 Me' eA. 44 V,_7 F CVI�e�rbr��e, -ar. V WHEREAS, .the prosperity' and well-being ;*O' -this dependent upon understanding and cooperatio community are n;between the. -two great elements of our society; farmers and non-:farmpeople,-and WHEREAS, th 0 complexities of their individual "Iendo ivors and the divergence ', of their: activities with decreasing-'-::t'opportunity for interaction couldleadto areas of misunderstanding".',and WHEREAS, this misunderstanding must be avoide 'ch group must understand its interdependency one with 'the,�6' Lour American way of life in to endure, and WHEREAS, Farm -City Week Provides an unparal'lel'.ed!*,;oio.'portunity for farm and city People to establish communicati)n to become acquainted, I, THEREFORE, as Mayor, James E. Kirk, of the CitYof.-Okeechobee, do hereby proclaim the period of November 18-throug November 23, 0 1994 to be Farm -city Week; and I do further call up 'all citizens Of this community to - participate in joint visi 8, seminars, 11 pageants, fairs, civic and social events conducted du ing Farm -City Week. LG (Vitnill W9114 _q Band wid caused i4i, ATTEST: DATE: mw %Utlunto let my to 9, affixed. Z j, - -.1-- a �n `'vs s . .► R,:.. _ Y� CC O e n (,CIIgO/', si ,r r i�ie•�� yu r t -. •�� � rr s •. d `• (VIM . ubrrr fi v a .. •'3' e!� a v- • s, l,� s4wyu{A ?�K4�.f, hr_ •w. �� qa '� P- � a��9 1 y _ r � y�r4Zra- � � Yit a' L. XzMt tS, more that five Billion Americans, Including more than 127,000 people Florida, have epilepsy; and F of, the City of Okeechobee has more than 4,000 people who enjoy, bicycling, motorapalin and kinds; g, sports NZARMS, the City of Okeechobee Is blessed with great weather and activities that can be enjoyed by all .and we welcome visitors to our arearand Y• MAMAS, epilepsy is a condition that can be Caused by trauma to the head; and ' NNMM S, head injuries can be prevented by wearing seat belts, ring chit rem in a Bar safety seat and by wearing helmets on bicycles; -and secu MRaRSAS, One in seven children suffer head injuries in bike related incident ; and y` NNAMMS, driving is a privilege and this privilege comes with responsibi23 y to s:erases Bars and , precaution for your passengers; and MRE'RSAS, daily on our estate's highways -there are more than 199 million miles traveled by drivers; and M88RZU, by using our heads and taking steps to prevent head injuries we can prevent some cases of epilepsy; and NIMMS, the Bpilepay Foundation of Florida the Okeechobee share in 3pilepsp Association of Pala Beaches and the City of.:.. Promoting the Prevention of head injuries. ROOM 2WE"PORs, Z, James B. Birk,!Mayor of the City of Okeechobee, do hereby p c1aiB Tuesday, November our I994 as •Spilepsy Prevention and -Awareness Day" in the City Of Okeechobee an recognise that we need our heads to do important things. Let's -not risk themt Jn (vitncaa w4csco f _q gac hctcunto act my gand and cauacd 41 sca to 6, affixcd. ATTEST: CATS: ;7•• -� V ` • ` f•Z - .s�irty's,.�•c'► T'��t�r�� ;� � w5Y tij: ce o f Me t ' WHEREAS, the global spreadof the; -HIV infection and AIDS.�nece sitates. a worldwide effort to increase communication,::,education,_'andr:preyentive.action to stop the spreads of HIV/AIDS; and { +C R WHEREAS, the World.Health Orgaas nization. has designated4Decemb r'll of•each World AIDS Day,' a dap to expand and strengthen the ' 6ildwide effort',.to 'stop year spread of HIV/AIDS, andr ' tit; J.n rf, t s� ."` 1 �S v � y C '.:. •s '!� WHEREAS, the World`Health Organization now estimati'zTthat,17. illion people have k' been infected with HIV'and -that "around 4 million of them have eveloped .AIDS; and ... rim .� ;';� r•i :. '_�s,t� .,, it t ]: } :`a WHEREAS, the ::American Association:?for.'World Healthwt, en ouraginqa better understanding of the challenge of;•HIV/AIDS,'nationallp as'.;J t',' ecognizes that'the _z number of people diagnosed; wii_-%IV and ;AIDS -in the:•:.Uni '* '- testes continues to increase, with an estimated l:in'250'Ame'ricans.curreatly HI positive and over. 361,164 AIDS cases reporte�d�as�_of December'.31,,g1993).4,;-and, WHEREAS, World AIDS Da rxr " ► ,:; w caring for y provides opportunity.to focus,.on HIV•..refection and AIDS, people withyHlVinfection and AIDS;andR1'earainq a outrHIV/AIDS; and. 'S y t: A.. WHEREAS, World AIDB':Day 1994IDB-and'Families. focuses o show families are affected by HIV/AIDS,.how prevention and careare,,angfam�l'iea can' become moreliffectiv _. in both ,'HIV/AIDS ax" d on:ho......ilies 'can:,contributie::to 'glo al efforts against HIV/AIDS; r. ', ._ `Y!`� - b Yt.•: � 1, M . " � .? Y • - NOW, THEREFORE, I, James E.-Kirk,,l�layor of the City of Oka chobee,! do hereby declare December 1, 1994:as`World"AIDS Day and'urge:all citiz ns to take part in activities and observances;:designed to'increase awareness ant understanding of HIV/AIDS as a global challenge,,, -to take part' in HIV/AIDS Prevention activities and programs, and to join. the global effort to prevent the further,i pread of HIV/AIDS. i »t Jn witnieu w4ttto f hett4nto itt 'rely 6nnd acid caustd A& stn to' 6c of flz.94. r ATTtf T• #' _ , yY OAT[: LPIP. •!Y+ � _ � iRA�4'fc s s., yy(��•jyYi S a•a•. h n� } _ - l' .l• • E . CITY OF OKEECBOBEE �- 3 TO: Mayor and City Council DATE: 1Ovember 10, 1994 THRU: SUBJECT Exhibit 3 THRU: FROM: John J. Drago, City Administrator Bill Royce is in the process of reviewing all the submissions for item 2, including the attached letter. Mr. Royce will either make a recommendation concerning the plat or ask that it be tabled because of insufficient time to thorough y review the plat. • *B44 Y eron Goff & Country Club Is 1923. S.B. 91h Avonue (813) 467.2222 Okeechobee. PL 34974 FAX: ($13) 407,6886 November 10, 1994 Mr. Bill Royce PLANNING & DEVELOPMENT DEPARTMENT 499 N. W. 5th Avenue Okeechobee, Florida 34972 18 HOLE GOLF COURSE LIGIITED TENNIS COURTS RESTAURANT • CLUB HOUSE 266 LUXURIOUS H01V ESITES RE: Extenulvll of Developer's Agreement/Blue He on Dolt N Country Club Dear Mr. Royce: Please be advised that our Developer's Agreeme t with the city expires January 2, 1995. As per our Deve oper's Agreement (see attached) we are asKing for an adiLlitional Five (5) years extension of our Developer's Ag eement. As this should be no more than a formality, we w uld like to Place this on the Agenda with our Plat approva . This will save us from a second met•ting with the City co ncil. Please use this as a request tv place this on he City Council Agenda for November 15, 1994. see attavhea vcpy of Developer's agreement that proper procedure. Sinc rely, GJames R. Baughman, President JRB/ j b CC_John Drag, City Administrator states i This Agreement shall be valid for five ' (5)years from the datitis executed by both parties. Tlie parties agree thatif ment of the "Conceptual Site, isn t completed within the on of this Development Agreement, that they will meeand relative to mutually agreeable extensions here t each base is hereof As P platted and certified as completed, the City Council shall review the phase For compliance and f in compliance, release that phase from the operation of this Agreement. The progLev6 of the developer and compliance with t1lig agreement shall be reel®wed at least annually by the City, 3• The Owner represents that nothing herein is barred or Prohibited by any other contractual agreement to which it is a Party, by any statute or rule of any governmeh al agency or an Y g Y third Party, orb the rights of contract vehde s, lien holders, MOitgage holders or any other party with a direct or contingent Y interest in the Property, whether legal or equitable. 4• All development rights created hereunde shall be subject - ,to compliance with sit existing city Ordinances, except as conduct at variance therewith is specifically authorized herein, and the dpplicable regulations of County, State and Federal Agencies and the failure of this Agreement to address a pa ticular permit .condition, term or restriction shall not relieve he Owner of the »ec:essity or complying with the law governing said Permitting requirements, conditions, term or restriction, :impact fees, development review fees, buildin All applicable All other Pees of an t g P rmit fees, and Y type shall be paid in accord nce with their. • • Planning and Development Departm Okeechobee County 499 NW 5th Avenue • Okeechobee, Florida 34972 • (813) 763-5548 • FAX (813) T November 9, 1994 Mr. Moseley Collins Collins and Company 107 S.W. 17th Street Okeechobee, FL 34974 RE.: Final Plat Submittal Blue Heron Golf and Country Club, Phase 4A Dear Mr. Collins: I have received the final plat submittal for Phase 4A of Blue Her There are several matters regarding this submittal that must be 1. As this is a two -page plat submittal, the pages should be and page 2 of 2; nt Golf and Country Club. bered as page 1 of 2 2. On page 1 of the plat, there are several places where the y ar 1991 appears, rather than the year 1994; 3, The lot numbering is non consistent on the plat and on the "as -built" drawing; 4. I would recommend a statement on the plat indicating that easements along the side of a lot may be eliminated, where appropriate, when two or more lots are combined for purposes of creating a single building site; 5• Why are easements designated as typical? 6. Why are easements indicated as exclusively for use by F.P. and L., rather than for utility providers? 7• The legend includes "Denotes Concrete Monument Set." Is that the permanent reference monument as required by Chapter 177, F.S.? Ifs , it must be so labeled; 8. The plat indicates that land to the north, south and east is not platted. As the land is included in the Blue Heron preliminary plat, a notation to the effect would be appropriate. What is the status with regards to platting 'Tract A" of Phase 4? 9, The five-foot easements are not shown on each lot, as requ red by City Ordinance 398, Section 24(1)(d); 0 10. The final plat deviates from the preliminary plat by the inclusion of an additional street. While this modification appears to result in better approval from the city for this traffic flow, evidence of modification should be s approval from the city for deviating from the requirement that bmitted. Evidence of up or offset by at least 200 feet (Ordinance 398, Section submitted; streets shall be lined 10(7)) should also be 11. Minimum building setbacks (Section 24(1)(j)) are not indicated; 12. Some comer lots do not meet size requirements (Section 14( )) and some lots do not meet minimum 75' frontage requirements, although it appears may have been approved at the these modifications preliminary plat stage; 13. Lot line boundaries are to be monumented, which should be legend on the plat; indicated by symbol or 14. The type of marker located at the referenced section corner should be identified; 15. There is inadequate right-of-way information for adjoiningproperties; 16. The "as -built" drawings, as required by Section 24(2) are inadequate. as -built drawings indicate the existence In addition, the of a completed road that constructed, and the as -built drawings contain irrelevant ' in fact has not been formation, apparently referencing townhouses; 17. A written certificate of completion, as required by Section 2+)(g)(a), has not been submitted. A thorough review of all requirements of City Ordinance 398, the city's subdivision regulations, as well as of Chapter 177, F.S., should be undertaken prior to submittal of a final plat. The City Council cannot approve a final plat until those regulations have been met. Specific modifications or variances may be requested by and approved by City Council. Please review the city's subdivision regulations, including sections 51 and 24, and indicate compliance with the regulations or, as appropriate, request specific variances from the regulations and obtain approvals for specific modifications from the preliminary plat. Please let me know if you have any questions. Sincerely, William D. Royce Planning Director c: Jim Baughman, Blue Heron John Drago, City Adminstrator i City of Okeechobee 56 S.E. Third Avenue • Okeechobee, Florida 34974-2932 October 6, 1994 Mr. Larry Melland 1500 SE 8th Avenue Okeechobee, FL 34974 Dear Mr. Melland: We have determined that you owe the City of Okeechobee a total c balance due consists of a Public Service Fee of $171.96 based o Occupancy dated April 22, 1994, and for a $5.00 Driveway Inspecti The City Attorney has advised that if you desire not to pay the abo You will need to contact the City to be placed on the agenda fo Council meeting and present your case to them. The only other alto payment may be the placement of a lien on your property. Your prompt attention to this matter would be appreciated. Sincerely, Robert M. Delorme Finance Director E 113/763.--.- f $176.96. This 1 Certificate of )n Fee. le balance due, • the next City rnative to non- i RESOLUTION NO. 94- 9 1VIiEREAS, the City Council of the City of Okeechobee, canvassed rettnfrs of the City General Election held November 8, 1VIIEREAS, Bob Oliver, Dowlir!g R. Wat ord, Jr and the highest number of votes for City Councilmen and Bonnie S. for re-election as City Clerk NOW THEREFORE, BE IT RESOLVED, that Bob Oliver-, and Noal A. Chandler be, and they are hereby declared elected as that Bonnie S. Thomas be and is hereby declared elected City Cler for four (4) years from the first Monday in January following the Cii until their successors are elected and qualified as provided by the Cii BE IT FURTHER RESOLVED that the City Clerk be, and issue and deliver Certificates of Election to each of the above has received the and received was unopposed Councilmen and and shall hold office General Election and Charter, Section 10. is hereby instructed to persons. PASSED AND ADOPTED in regular session this 15th day �f November , 1994. James E. Kirk Mayor ATTEST. - Bonnie S. Thomas, CMC City Clerk Approved as to form: John R. Cook City Attorney r I� A. INTRODU_TTON The City of Okeechobee Commercial Revitalization program was developed to upgrade the appearance and physical quality of the downtown commercial area and create an atmosphere conducive to pedestrian oriented commercial activities. The program was developed to provide assistance to owner and/or tenant occupied businesses in the City of Okeechobee Community Redevelopment area which provides services to all residents of the service area as approved In the FDCA application. B. PROGRAM ARRA The Program is designed to achieve specific objectives which are: 1. 2. 3. 4. k, To stimulate re -investment in the Downtown. To preserve and renew the traditional and historic retail businesses which encourage shopping and serve all the residents of the service a ea. To eliminate and prevent the spread of b ight. To maintain a quality image consistent w th the historic character in the redevelopment area. To generate pride and confidence in the City of Okeechobee by improving the visual quali y of the store fronts. Page 1 of 6 E-� • CDBG CoMmerc ' iq Guildlines 6. To establish a center for retail act! Provides safe, attractive, convenient oriented commercial activities. C. PROGRAM FUNDING The project is funded through the Florida Depar Community Affairs CDBG Small Cities Program and city which pedestrian t of been designed to provide assistance for owner/businesses as approved in the CDBG application. D. INCENTT 4 The program has been structured to provide incentives in the form of grants for up to 100% of design and renovation construction costs. The maximum grant amount shall not exceed $15.000.00 per store front. All of the total amount expended, one hundred per cent (100%) must be us d for facade improvements. 7 E . ET.T TBTT.' Commercial property owners and business tenants owning or leasing (long term - 6 months or longer) real pr erty located within the Redevelopment Area which have een designated in the application may participate. Buildings address under the CDBG commercial revitalization Program shall not be eligible for future assistan a under the program for a minimum of five (5) years. F. DESIGN ASSIST NL The City has retained the firm of Ranon, Oural, Finnegan and Associates Inc. for facade design work. The City through the Community Development Block Grant will pay fo all facade Page 2 of 6 • CDBG Commerci uildlines design work on each building. All designs must a approved by the City Commission as well as the State Historic Preservation Officer (SHPO), if applicable. Assistance will be limited to Owners/Businesses tenants buildings identified in the application which are occupied at the time assistance is provided or have a bona fi a lease agreement (6 months or more) to be occupied by a constituted business with all applicable licenses 1. Eligible Costs a. The cost of store facade (exterior) designs which includes repairs and to existing buildings, attached sig awning design, color scheme, and an related facade renovation expense. _egally in force. renovation alterations nage and y other One hundred percent (100%) of the total cost must be for facade work, unless otherwis approved by the City Commission. b. The addition of handicapped accessible entrances. 2. Design Requirements a. Designs must be of high quality and must include a sealed set of plans and Q specifications if applicable. All designs must be in compliance wi h the City zoning requirements and the SHP if applicable. Page 3 of 6 rCDBG Commerc'*Guildlines C. Strikingly different treatments trom one store front to the next shall be avoided. d. All designs must be reviewed and approved by the City Commission and the State Historic Preservation Officer (SHPO), if applicable prior to construction in order to be eligible. e. Colors shall be coordinated so as not to create unsightly situations. f. Where feasible designs should con ider the removal of material and architectural barriers which restrict mobility and acces ibility of elderly or handicapped persons. G. RENOVATION CONSTRUCTION ASSISTANCE The City will assist the commercial property owners or business tenants designated in the application for a portion of the costs not to exceed $ _ 15.000.00 of labor, materials, equipment, fees and services associate with facade improvements to commercial property locateci in the area. The Landscape Architect will prepare a set of plans and specifications and the job will be competitively bid out. 1. Eligible Renovation Costs a. Store facade renovation construction costs include but are not limited to: Removal of false facades Facade cleaning Stucco restoration Page 4 of 6 • CDBG Commercia Ouildlines 1. Eligible Renovation Costs (continued) - Painting - Replacement of windows or do rs - Attached Signage - Awnings - Glazing - Electrical (directly related to exterior or display window lights, sec rity lighting or the illumination if attached signage or awnings) Code violations Removal or relocation of air conditioning units, awnings or signage Providing Handicapped access b. Handicapped Accessibility. - store entrances - widening exterior doorways C. The costs of any necessary construt.,tion permits or professional fees. 2. Renovation Assistance Conditions a. Renovation construction costs are limited to exterior renovations and building entrance handicapped accessibility b. Workmanship must be of a professional quality. C. Renovation construction must comply with the City zoning requirements and the des'gn must have been approved by the City Commi Sion Page 5 of 6 CDBG Commerci • the '• applicable. N • huiLding • - _ • immediate XgjUjva own lAb-= ! LDIEM said • • • `T . F, E E p T, LAaM STAND R n S All laborers under the program must be paid at wac_ than those contained in the wage determination of Secretary of Labor for each clarification of work Bacon Act). Allcontracts for eligable work to be preformed sha City of Okeechobee aproved contract form that incl HUD and DCA required language for Labor Standards, requirements, Section 504 Handicapped Requirements other applicable language. APPROVED THIS DAY OF NOVEMBER 1994 Page 6 of 6 ildlines KR 'es not less the (Davis 11 use a ides all Section 3 and all • October 31, 1994 • LN No • • • • 61 Law on, Noble & Associates, Inc. City of Okeechobee 55 S.E. Third Avenue Okeechobee, Florida 34974 Attn: Mr. Chuck Elders Re: CITY OF OKEECHOBEE 1994 ROAD IMPROVEMENTS L.N. & A. Project No.93-174 Dear Mr. Elders: Better Roads of Lake Placid, Inc., has requested a time extension due to delays resulting from the City installing a water main on S.W. 11th dr ve. The Contractor is requesting 30 days time extension for delays due to the wate main. I believe that their request is justified and recommend that t e City authorize a 30 calendar day time extension. Enclosed with this letter are 3 original Notice of Time Extens on (for signature and date) and a copy of Better Roads of Lake Placid, Inc. letter requesting extension. Please call if you have any questions or if I can be of further assistance. E` --r Project P cc: Dennis Horton Gordon Ellery, Sr. ZMRDWY%ELDERS1.031 Engineers Planners 420 Columbia Drive • West Palm Beach, FL 33409 • PH. (407) 84-6686, • FAX (407) 684-1812 Surveyors 590 N.W. Peacock Blvd., Suite 10 • Port St. Lucie, FL 34986 • PH. ( 7) 878-1700 •FAX (407) 878-1802 lU • 1-f I I _-I,. .- !AA 0 kir i uvvtf tJ t:.♦ 1Ll\ 1\t111LJ • ,93 BETTER ROADS OF LAKE PLACID INC. Lawson, Noble & Associates, Inc. 420 Columbia Drive West VAIVA beach, Florida 33409 Attention: Dennis Horton RE: Okeechobee City streets 19914 Extension of Time Dear Mr. Horton: tober 28, 1994 Please be advised, based on present infornat on, we respectfully request a thirty (30) day extension of ti a on this project. Currently, we are unable to worX on sw 11 Driv due to a wester line installation by the City. we had our survey d ew lay out 3w 11 Ave and sw 11 Drive on October 03, 1994, and beg n work on sw ii Ave October 04, 1994• As Of this data, the City as not completed the said water line, but should be complete on Monday, Outaber 31, 1994. Tf this meets with Your approval, Please advise at your convenience. Respectfully, Better Roads of Lake Placid Inc. -J , .+Z . Gordon R. Ellery, Ar. CQ:1ara1 !!e+►nagor ORE/ted RQUTING P.O. BOX 1909 LAKE PLACID, FLOFUDA 331152 ($14) 469.5 7 FAX (013) IS97.W" • • LNIN • 00 • • • • • • 0004 October 25, 1994 La son, Noble A Associates, Inc. City of Okeechobee �- 55 S.E. Third Avenue % Okeechobee, Florida 34974-2932 Atten: Mr. Charles Elders Director of Public Works Re: STREET IMPROVEMENTS FOR 1994/1995 BU GET L.N. & A. Project No. 94-279 Dear Mr. Elders: As requested, we have prepared this proposal for Engineering, Design Surveying and Construction Engineering and Observation. The projects included in our proposal are as follows: S.E. 11TH AVENUE (POST OFFICE TO DEAD END) S.E. 5TH STREET (10TH AVENUE TO DEAD END) S.E. 6TH STREET (10TH AVENUE TO DEAD ENO) S.E. 9TH AVENUE (6TH STREET TO 7TH STREET) S.E. 9TH AVENUE AND S.E. 11TH STREET INTERSECTION S.E. 4TH AVENUE (4TH STREET TO 6TH STREET) S.E. 5TH STREET (ENTRANCE AT 4TH AVENUE AND 2ND AVENUE) N.W. 8TH AVENUE (12TH STREET TO ALLEY) N.W. 8TH STREET (9TH AVENUE TO 9TH DRIVE) N.W. 9TH DRIVE (8TH STREET TO DEAD END) N.W. 3RD AVENUE (9TH STREET TO 11TH STREET) N.W. 7TH STREET (2ND AVENUE TO 4TH AVENUE) N.W. 4TH AVENUE (6TH STREET TO 7TH STREET) N.W. 3RD AVENUE (7TH STREET TO UNITED FEED) N.W. 7TH STREET (9TH AVENUE TO 10TH AVENUE) N.W. 7TH STREET (11TH AVENUE TO 12TH AVENUE) N.W. 7TH COURT 0OTH AVENUE TO DEAD END) N.W. 4TH STREET (1 OTH AVENUE TO 11 TH AVENUE) N.W. 3RD AVENUE (4TH STREET TO 5TH STREET) N.W. 8TH AVENUE (9TH STREET TO DEAD END) Our proposal would be for a lump sum of $42,670.00 forte Engineering, Design Surveying and Construction Engineering and Observation for the above mentioned projects. Please refer to the attached manhour summary for further information. Engineers Planners ZMPROMELDERS1.0T5 420 Columbia Drive • West Palm Beach.. FL 33409 • PH (407 684-6666 • F.4X (407) 684-1812 Surveyors 590 N.W. Peacock Blvd.. Suite 10 • Port St. Lucie. FL 34986 • PH. (407) 878-1700 • FAX (407) 87W1e02 ... LINN • • • • • • • ♦ • • ••M• LA son, Noble & Associates, Inc. November 10, 1994 City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, Florida 34974 Attn: Mr. Chuck Elders, Director of Public Works Re: 1994/1995 ROADWAY IMPROVEMENTS L.N. & A. Project No, 94-279 Dear Mr. Elders: As requested, I have researched the pros and cons of letting a new contract or giving a change order to Better Roads of Lake Placid, Inc., the Contractor for the 1993/1994 Road Improvements, to do the construction work for the 1994/1995 Road Improvements. The following are the findings: LET NEW CONTRACT 1 • Construction prices are considered to have gone up an estimated 5% to 10% over the past year. Assuming a 5% increase would result in approximately $9,000.00 increase. 2. Advertising cost of approximately $120.00. 3. Internal costs of checking contract, reviewing bids, evaluating Contractors Bonding Company, etc. 4. Time for bidding and awarding contract would be approximately 2 to 3 months, therefore delaying construction for that period of time CHANGE ORDER O BETTER ROADS OF LAKE PLACID, INC_ 1 • Upon completion of construction plans, a change order can be prepared, approved by City and issued to Contractor. Time for this is estimated to be approximately 2 to 3 weeks. RDVMaMEM1.107 Engineers Planners 420 Columbia Drive • West Paim Beach. -L 33409 • PH. (407 664-6686 • FAX (407) 684-1812 Sur�reyors- 590 N.W. Peacock Blvd., Suite 10 .Pore, Si. Lucie, FL 34986 9 PH. (407) 878-1700 0 FAX (407) 878-1802 • Mr. Chuck Elders November 10, 1994 Page 2 The construction work currently being performed by Better is considered to be of good quality and have worked w Engineer. ads of Lake Placid, Inc. with the City and the Therefore, in my opinion, the upcoming construction Work for the 1994/1995 Roadway Improvements would be less expensive, faster turn around time for construction and an overall cleaner way to have the work erformed, by providing Better Roads of Lake Placid, Inc., a change order to do the Work involved. If you have any questions, please do not hesitate to call RDWY%MDERS1.1o7 • November 8, 1994 City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, Florida 34974 Attn: Mr. Chuck Elders, Director of Public Works LNIe ................. Lawson, Noble & Associates, Inc. Re: CITY OF OKEECHOBEE DRAW REQUEST NO.4, LAKE PLACID 1994 ROAD IMPROVEMENTS. L.N. & A. Project No. 93-174 Dear Mr. Elders: M BETTER ROADS OF This letter is to certify that LAWSON, NOBLE & ASSOCIATES, INC. (L.N. & A.) has reviewed the attached invoice Application No.4 dated October 31, 1994, from Better Roads of Lake Placid for accuracy, and have approved such with no adjustments, although there is once again an adjustment because of what appears to be a payment by the City for Invoice No. 2 where the City apparently did rlot pay $0.80. If further explanation is needed or if 1 can be of further assis CJK:zrp cc: Dennis Horton - LNA Enclosures: Invoices RDWY\ELDERS1.108 ance, please call. Engineers Planners 420 Columbia Drive • West Palm Beach, FL 33409 - PH. (407 684-66136 •FAX (407) 684-1812 Surveyors 590 N.W. Peacock Blvd., Suite 10 • Port St. Lucie, FL 34986 - PH. 407) 878-1700 - FAX (407) 878-1802 APPLICATION FOR PAYMENT BILL TO: NAME STREET CITY BETTER ROADS OF LAKE PLA( P.O. BOX 1908 LAKE PLACID, FLA. 33062 City of Okeechobee 55 S.E. Third Avenue Okeechobee, Fla. 34974-2932 PROJECT : 1994 Road Improvements BROLPI JOB * 9460 A. ORIGINAL CONTRACT AMOUNT B. NET CHANGE ORDERS C. CURRENT CONTRACT AMOUNT (A+B) D. VALUE OF WORK FROM PREVIOUS APPLICATION E. VALUE OF WORK COMPLETED THIS PERIOD F. TOTAL EARNED TO DATE G. LESS RETAINAGE (10%) H. BALANCE (F-G) I. LESS PREVIOUS BILLINGS J. CURRENT AMOUNT DUE STATEMENT OF ACCOUNT: K. LESS PREVIOUS PAID L. TOTAL AMOUNT DUE CONTRACTOR'S CERTIFICATION: :IU*awwwwwxw*+rw**,rxtrsw+r*ytsr APPLICATION FOR PAYMENT PAY REQUEST j Four ( 4 ) DATE : 10-31-94 INVOICE 0 7712 ACCOUNT # 377 SB9,561.26 0.00 189,561.26 76,993.70 56,199.18 133,192.88 13,319.28 119,873.59 69,294.33_ 50,579.26 �aaaassssaaaaa=�aaa 69,294.33 50,580.06 THE UNDERSIGNED CONTRACTOR CERTIFIES THAT (1) ALL PREV OUS PROGRESS PAYMENTS KEL:EIVXW k*.KVM VWVXX V14 ALA;UUIVT OF WORK DONE UNDER THE ONTRACT REFERRED TO ABOVE HAVE BEEN APPLIED TO DISCHARGE IN FULL ALL OBLIG TIONS OF CONTRACTOR INCURRED IN CONNECTION WITH WORK COVERED BY PREVIOUG A PLICATION FOR PAYMENT UNDER THIS CONTRACT AND, (2) TITLE TO ALL MXNEXIALS V EQUIPMENT INCORPORATED IN SAID WORK OR OTHERWISE LISTED IN OR CO ERED BY THZS APPLICATION FOR PAYMENT WILL PASS TO OWNER AT TIME OF AYMENT FREE AND CLEAR OF ALL LIENS, CLAIMS, ►iRINIRTTY TNTRRF.ST AND ENCUMBRANC S (EXCEPT SUCH AS COVERED BY BOND ACCEPTABLE TO OWNER). 08:36 US-NOV-94 DATED BETTER ROADS OF -id 7L PLAC D INC. BY. • • TO: John Drago THRU: FROM: Wayne Jones MEMORANDUM DATE: November 1, SUBJECT: Water Pu 08-14-10-94 Pot Bids have been received and opened concerning the above the bids, the Carus Chemical Company was the lowest and best bid, bid be awarded to Carus Chemical Company in the amount of Please place this item on the November 15, 1994 Council Listed below is a list of the remaining bids: Aqua Products Int'l of Lake Worth - $339630.30 Superior Water Works Inc. of Okeechobee - $37,440.00 Water Treatment Co. of Okeechobee - $429309.09 A&D Water Systems of Okeechobee - $42,380.00 Apperson Chemical, Inc. of Jacksonville - S469800.00 ical Bid i Permanganate After reviewing the ire I recommend the ■ RMA Reese, Macon and Associates, Inc. October 2 , 1994 City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974 ATTN: Mr. John J. Drago, City Administrator RE: SCADA System Dear Mr. Drago: Enclosed, is the final pay request for the referenced projec . The project is now complete and fully functional. The project was substantially complete within the specified contract time and final completion was attained within 15 days of notification of substantial completion, as required. Final payment is recommend d. The following additional items are enclosed for your use ar d review. 1. The original release of the City by the Contractor. 2. A copy of the release of the Engineer by the Contractor. 3. An affidavit from the Contractor verifying that all subcontractors and vendors have been paid. We have not received any Notices to Owner on the project Therefore, there are no final releases of lien enclosed. There is an acknowledgement of payment on various account numbers from Motorola, the major supplier. The City should confirm that they have not received any Notices to Owner directly. If so, please advise so we may secure a release. If you have questions or wish to discuss this further, please Very v - William D. Reese, P.E. wdr-259\94-109SCADA 9121 N. Military Trail • Suite 207 - Palm Beach Gardens, lorida 33410 Ph. (407) 625-6660 FAX (407) 625-6664 C7 • RELEASE HCE ELECTRIC, INC. hereinafter referred to as "the Contractor" hereby unconditionally releases anc forever discharges the City of Okeechobee, its officers, directors, employees and agents, hereinafter collectively referred to as "Owner" from any and all legal or equitable causes of action, suits, damages, claims and demands whatsoever, which Contractor ever had or now has against Owner directly or indirectly, whether known or unknown, for, upon or by reason of any matter, cause or thing whatsoever, whether known or unknown, including, but not limited to: All claims arising out of, or in any way related to, the design, negotiation, supervision, or performance of a project known as "Radio Supervisory Control and Data Acquisition (SCADA) System" in accordance with a contract dated November 5 1993 between the Contractor and the City of Okeechob e. By: STATE OF FLORIDA ) COUNTY OF POLK ) SS. COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state aforesaid and in the co my aforesaid take acknowledgements, personally appeared Keith D. Mixon to me known to be the person described in and wt o executed th foregoing instrument and has acknowledged befor me that he executed the same. WITNESS my hand and official seal in the county and state aforesaid this 12th da of October P1j,9 OFMCINO ARY SEAL e��liY EL COtApRN�SION 7, ^HUQMBE9 CC J*14Y00 �` � My C. MMISSION UP. OF Fl MAY 12.19+19 Large SGC-10 , Stalte r to a K� HCE foorporation HCE Electric, Inc. HCE Engineering, Inc. AFFIDAVIT HCE Electric, Inc., hereby verifies that all subcontractor; other party entitled to receive compensation relater negotiation, supervision or performance of the proje "SCADA System" for the City of Okeechobee have been HCE E Keith D. Mixon, Vice -President STATE OF FLORIDA COUNTY OF POLK I hereby certify that on this date, before me, an officer dul) the state aforesaid and in the county aforesaid to take ack personally appeared Keith D. Mixon, to me known to be th described in and who executed the foregoing instrument a acknowledged before me that he executed the same. Witness my hand and official seal in the county and state 12th day of October, 1994. 1900 51h St., N.W. P.O. Box 3036 Winter Haven, FL 33885 813/294-8856 FAX:813/294-6890 suppliers or any to the design, known as the aid in full. , INC. authorized in iowledgments, person id has Notary Public State of Florida at Large My commission this .,rAy pGd Or-FICIA NOTARY SEAL !�< E LSE LONG COMM1 S C ION NUMBER H t' 37400b " o?O MY C 0.1P91SSION EXP. `cOF F1.O MA 12.199A SENT BY: MIOTOROLA. I NC. (415 ) O 11-94 ;10:36U16-- ; October 11, 1994 HCE Controls Inc. P.O. Box 3036 Winter Haven, FL 33885 Dear Eloise: 1i0T0. I ND. �I' This letter is to confirm that your orders # #0942-0201-09029, #0942.-4201-09082, #0942-0201-09083 have been paid in full Your current account balance is $0. Sincerely, Kirsten Stenseth Regional Business Manager 813 294 6890;# 2/ 2 2-0201-090283% U a H O ri N � a M M to • to O W O H 04 N 'Jr X ral frEl r.(d a •rl 'd rdH pwO •ri (d %D W O 0W � b� nu Ut) l` rk 0No�00�� tor-i P gir- r- 4)N•rir-I00 rl 0 (d q v �a/ FN (T U) QI v v �o M O M m O m O to w o M 33- M U Z a a H - W -4� U V] a •rl a 4JP. ld W H p wo4J Urn •rat xris V).W.V). 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R! 0.w;... ri IJ i 0a0 .H `0 14 14 W' i rid a U 1.4 W VI ).V4J 0 .4 Ito th alato. ro 0 x W ' VI VI W, 4-1 1 VI U 4J:w w w R � � •n .4 O :b'0•uu N A.•�b r 0 w _ 4 .0 4J V V V 4J 0 W W j.-.4 A v u p ,U .O ., Q (dd U \\ V br t7i 1 r a r0 1d. O 0 V V 41 w $4 14 N 04 a P4 14i E-� z W a IX O Ly A W 0 r4 a a u 11'. H M 0 4J 0 U u 4J 0�� w u ci c rn U M r♦ 0 OL rN H W 4.) 0 •rl Ld a 0 u ro W w w aG E-r • 0 • TO: Jolty Drago THRU: FROM: Wayne Jones 7V MEMORANDUM DATE: Nov. 8, 1994 SUBJECT: S.W.11th. Please place the attached pay request on the November 15, 1994 I recommend approval of payment to G.E. French Construction l $29,379,95. This pay request is for work previously approved for llth. Drvie between S.W. llth. St. and S.W. 15th. St. Council Agenda. IM in the amount of construction on S.W. • • APPLICATION FOR PAYMENT NO. 1 Task Order Description S.W. 11 th Drive Task Order No.: City Contract No.: PU-01-11- Name of Contractor: G. E. French Construction, Inc. Work Accomplished through the Dates: From: 10-19-94 T Task Order Start Date: Task Order Completion C Task Omer Time: 45 days 6"x8" Wet tap 411x4" Wet tap 6" Gate Valve D.I. Fittings: 4x6 Reducer 6" Tee 6"x2" Plug Fire Hydrant Assbly. 6" DIP Rest. Joint 6" PVC Rest. Joint 6" PVC Pipe SS Service IS Service BacT Sample Point Pavement Repair Seed and Mulch Mobilization )2-94RB 10-28-94 1 1,300.00 1300.00 1 13)0.0) 1 1300. 1 1,200.00 1200.00 • 1 12)0.0) 1 1200. 1 450.00 450.00 1 4 0.0 1 450. .25 7,500.0 1875.00 .25 1875.0) .25 1875. 2 1,610.0 3220.00 2 32 0.0 2 3220. 41 18.2 748.25 41 78.2 41 748. 99 13.0 1291.95 99 121.9 99 1291. 1311 10.2 13437.75 1311 1347.7 1311 13437. 7 450.0 3150.00 7 3110.0 7 3150. 1 600.00 600.00 1 600.0) 1 600. 2 205-OC 410.00 2 410.0) 2 410. 7 21.00 1,17.00 147.0) 7 147. 550 1.0c 550.00 550 5 0.0 550 550. 1 1wo 1000.00 1 10 O. 0 1 1000. Total $ $ S (Original Task Order) 29 379.95 29, 37 .95 29, 379.95 C.O. No. 1 C.O. No. 2 1 of 2 APPLIC*TION FOR PAYMENT APPLICATION FOR PAYMENT NO.: 1 Amount Earned $ 29, 379.95 s 29, 379.95 Amount Retained $ .00 $ .00 Previous Payments 11..00 Amount Due $ 29, 379.95 $ 29, 379.95 Estimate Percentage of Job Complete Percentage of Task Order Time Elapsed Contractor's Certification: 100 100 ova The undersigned CONTRACTOR certifies that (1) all previous progress pa ements received from the City of Okeechobee Department of Public Utilities on account of Work ne under the Contract referred to above have been applied to discharge In full all obligations of C NTRACTOR Incurred in connection with Work covered by prior Applications for Payment numbered 1 through 0 inclusive; and (2) title to all materials and equipment incorporated in said work or othowfse listed in or covered by this Application for Payment will pass to the City of Okeechobee Die ent of Public Utilities at time of project completion free and clear of all liens, claims, security Inte ests and encumbrances (except such as covered by Bond acceptable to the City of Okeechobee Dep ent of Public Utilities). Dated November 7 19 94 By: Payment of the above amount due for this application is recommended. Dated W 0-'6� g-5y By; G.E. French Construction, Inc. E. Representative 2 of 2 APPLICATION FOR PAYMENT • 11 TO: John Drago TSRU: FROM: Wayne Jonesy MEMORANDUM DATE: November 9, 1994 SUBJECT: Laboratory #PU914-10-94 Please place on the November 15, 1994 City Council the following: I recommend award of the bid for Laboratory Services to Harbor Laboratory in the amount of $55,066 00. Listed below are the other bids received: Broward Testing laboratory, Ft. Lauderdale, Fla. $64,950.00 McGinnis & Associates Consulting Laboratory, West pahn Bah Southern Analytical Laboratories, Oldsmar, Fla. No Bid xc: Jim Threewits Bid Environmental 0 • South Florida Water Manage g 3301 Cun Club Road, West Palm Bench, Florida 33406 • (407) 686-1 ADM 28-06 November 8, 1994 Ms. Susan Groover City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974 Subject: Contract No. C-5060-A2 Okeechobee Water Main Extension Dear .Ms. Groover: Enclosed are two (2) copies of the subject amendment. Please have th, an authorized official and return both sets of documents to illy attentiot Procurement and Contract Administration. Do not date the documents. and dated amendment will be returned to you upon execution by the Di Please note that this amendment is not binding on the parties until it is appropriate level of authority within the District and executed by both F Your cooperation and timely response will be greatly appreciated. Shol questions, please contact me at (407) 687-6378. fSilicercl , i I Rhonda Haag Sr. Contract Administrator /dlk Enclosure c: w/ attachments Alex Garcia, CMD .ent District • FL1vn'I'S 1-800-432-2045 E-1 _ documents signed by in the Division of A fully executed by the there be any Valerie 130%,(1, Chairman \\'illi:un I iamntmul Eu cnc K. Pettis Frank Williamsol".Ir.. Vice Chairivan L' Samucl l;. Poole 111, Executive Director 13etst• Kram Nathmtiel 11. 12ccd Alichacl S a)'tonI)c , putt L;xcrtttiec Director Annic Rctancoun Allan Alilleti a I.cailt G. Schad AL""11g \ddnrs: Ro. Box 2.16M), \Vest I'alnt Reach, FI,33416-46,80 • is C-5060-A2 AMENDMENT NO. 2 TO THE COOPERATIVE BETWEEN TIIE SOUTII FLORIDA WATER MANAGEMENT out] CITY OF OKEECHOBEE, FLORIDA This AMENDMENT NO. 2 entered into on AGREEMENT dated December 22, 1993 as amended September Parties," the South Florida Water Management District ("the DI; Okeechobee, Florida ( "the CITY"). WInjaSI.TII TIIAT WHEREAS, the DISTRICT entered into a cost reimbursement rel to upgrade the DISTRICT'S existing potable water service at its Oke means of extension of the CITY'S water main to the Station; and CT ORIGINAL to (fiat l , 1994, between "the MCT"), and City of with the CITY Field Station by WHEREAS, the AGREEMENT may be amended with the prior v ritten approval of the parties; and WHEREAS, the CITY incurred an additional unanticipated the water line; and WHEREAS, the parties wish to amend the AGRE order i th+e AGRE +NT to provide for the difference in consstnElc ion in cos s; NOW THEREFORE, the DISTRICT and the CITY, in consideration (lowing from each to the other, do hereby agree as follows: 1. The CITY shall, to the satisfaction of the DISTRICT, fully and timt items described in Exhibit "A-2" attached hereto and made a part of this 1 2. Amendment No. 2 to Contract No. C-5060 - Page t of 2 in scope of work for increase funding of the mutual benefits perform all work ENDMENT NO. i • 2. The monetary consideration for the construction portion AGREEMENT is hereby increased by an amount not to exceed Si Forty Two Dollars and No Cents ($6,242.00), for a total AGREEM Onc Hundred Seventy One Thousand Two Hundred Sixty One ($171,261.75.) of the costs under the r. Thousand Two Hundred ENT amount not to exceed and Seventy Five Cents 3. This AM-ENDMENT NO. 1 shall be effective upon the date of execution. The AGRE EAIEI NT'S tennination date shall be extended twenty one (21) days from January 1, 1995 and as amended, shall tenninate January 22, 1995. 4. The Project Manager for the DISTRICT is now Mr. Alex Garcia, feleplione (407) 687-6186. The parties shall direct all matters arising in connection with he performance of this AGREEMENT, other than invoices and notices, to the attention of he Project Managers for attempted resolution or action. 5. All other terms and conditions of the AGREMWENT remain u IN WITNESS WHEREOF, the parties or their duly authorized re, this AMI NDA/W.,NT NO. 2 on the date first written above. LEGAIJORAI APPROVED SFWNT OFFICE OF COL(NSEL SOUTH FLORIDA WA' DISTRICT 0 Deputy Executive CITY OF OKEECIIO By: Title: Mayor Amendment No. 2 to Contract No. C-5060 - Page 2 of 2 hereby execute MANAGEMENT FLORIDA South Florida Water Manage ent District 3301 Gun Club Road, West Palm Beach, Florida 33406 • (407) CON 14-14 EXHIBIT A-2 ADh1 City of Okeechobee Water Hain Ext. October 12, 1994 Mr. Thomas C. Jensen, P. E. Reese, Macon & Associates, Inc. 9121 North Military Trail, Suite 207 Palm Beach Gardens, FL 33410 Dear Mr. Jensen: Subject: City of Okeechobee Water Main Extension - Contract N We are in receipt of cost proposals faxed to us on October 11, 1994. following changes: P A. Furnish and Install Class 54 Ductile Iron Pipe (DIP) in lieu of Class 53 DLP for the L-63N aerial crossing . . B. Furnish and Install 800 L.F. of 2" SCH 40 PVC Bypass Line ............................... C. Additional Mobilization, Demobilization and Material Handling after substantial completion to Install 800 L.F. of 8" PVC Water Main Total Cost Not to Exceed .............. z� � The District desires to expedite the work and will proce s a oftunenament in an amount not to exceed $6,77734 and a time extension of fourteen ays to cover the increased cost of the City's ". contract with Speegle Construction.'.- It is hoped that the cost for--Ite . may; reduced.tbrotigh_ negotiations with the contractor. C .� of this project. Should you ect Manager, or Alex Garcia • FL NVATS 1-800-432-2045 r C-5060 The cost proposals cover the PCs . o F 1 o(2pl9 ck dd SA&j 34— k S o o19 Ce_L,.2 Add S855.00 S3.887.00 We appreciate your efforts to coordinate with us and expedite completi have any questions, please communicate with Jennifer Barone, P. E., Pi at (407) 687-6186. Sincerely, es D. Yager Assistant Executive Director Management Services JDY/ly c: Pam Smith, Florida Department of Environmental Protection C,,,ing &.,,5usan Groover, City of Okeechobee Valerie Boyd, Chairman William Hammond Eugene K. Pettis Frank Williamson. Jr.. Vice Chairman Betsv Krant Nathaniel P. Reed Annie Betancou'ii .UL•tn i`Iillydge Leah G. Schad .% lailing Address: P.O. Box 24680. West Pahn Beach, FL E. Poole III, Executive Director I Slayton, Deputy Executive Director C. Creel, Exccutive Director Emeritus u Mr. Thomas C. Jensen, P.E. October 12, 1994 Page 2 bc: J. Barone, CMD A. Garcia, CMD C. Wilson, CMD G. Hoffman, CMD R. Haag, PCA dow.m.K TO: Mayor and City Council THRU: John Drago FROM: Wayne Jones MEMORANDUM DATE: Nov. 7, 1994 SUBJECT: Backflow Per City Ordinance 18-35, Backflow Prevention Devices are premises likely to have cross -connections. The utilities departs device known as a Dual Check. This device was installed only services at no additional cost to the customer. According to the Florida Department of Environmental is not a approved device (see attached). In order for this departs Install either a Reduce Pressure (RP) or Double Check (DC) Bacl these devices can be used and are required to be tested at least c be installed above ground and is used in areas of high degrees of Installed in a meter box or vault and is used in areas where tb high. According to our Rate Resolution No. 89-5, inside the City we 3/4" and $275.00 for a 1" Backflow Prevention Device (see atti urrently a 3/4" and $62.50 for a 1" double check. This would only apply to Residential backflow preventers would be installed during our m, to existing services Devices red by Director on all t in the past has used a 3/4" and 1" residential Chapter 62-555.30, this !nt to comply, we must i)w Preventer. Either of yearly. The RP must urd. The D.C. may be degree of hazard is not to charge $225.00 for a ve are paying $55.75 for new residential services. change out program • r Another problem we have, is there are many commercial ac backflow device. These are in various degrees of hazard. Some i others a reduced pressure device. The current cost for a 11 f2" I for a 2" device. A 1 lf2" reduced pressure device cost $175.62 a For this department to come into compliance, we must install a can be done during meter change out and whenever the cusk require a building permit. The customer would then receive a materials and labor which is approximately $150.00 plus the co Also, we have several three, four and six inch installations on fire water services. The fire lines can in most cases be corrected with checks. These normally only create problems in case of a fire w] connect to the slamese connection. These devices are very expen; to install. Most of these would be installed by our unit price conl Again, this is not a program we can avoid. Individuals become ill by cross connections. We as a purveyor of water must insure the i system thru a active cross -connection control program. ,unts with no type of a 1 require a double check ;. is $131.50 and $156.90 $212.20 for a 2" device. avice on all meters. This er is doing repairs that voice for the cost of the of the device. -s and a few domestic installation of double the fire departments and time consuming In some cases killed r of our distribution PRMITTING AND CONSTRUCTION OF PUBLIC WATiR SYSTFMC taste, or abnormal odor occurring in connection with a public water supply, the person responsible for the operation of the works or the trea ment plant operator shall notify the Department or the Approved County PL blic Health Unit, if applicable, by wire or telephone within 24 hours of the occurrence. The Department shall notify the appropriate local public health unit s), or the Approved County Public Health Unit shall notify the Department. (4) A maintenance log of all water plant equipment whic directly affects the quality of treatment shall be maintained on -site by the plant s lead operator and shall be available at all times at all water treatment plants tl at treat water for a community water system. Log information shall include, as a minimum, all maintenance performed, date performed, and problems encountered with equipment. Specific Authority: 403.861(9), F.S. Law Implemented: 403.861(9), F.S. History: New 11-19-87; Formerly 17-22.650; Amended 1-1 -89, 1-1-93. 62-555.355 Water Samples for Laboratory Test. Suppliers of water are responsible -for the collection and delivery of water samples to a Department of Health and Rehabilitative Services laboratory or other certifieJ laboratory. Local county public health units may routinely collect and deliver water samples for analysis. However, the supplier of water remains responsibl for collecting and delivering the required number of samples. Specific Authority: 403.861(8), (9), F.S. Law Implemented: 403.852(12), (13), 403.8530 ), (3), F.S. History: New 11-19-87; Formerly 17-22.655; Amended 1-18 89. 62-555.360 Cross Connection Control for Public Water Systems. (1) Cross -connection, as defined in Rule 62-550.200, F. .C., is prohibited. However, a person who owns or manages a public water system may interconnect to another public water system if that system is operated and maintained in accordance with this Chapter. I* Community water systems, and all public water systems which have service areas that are also served by reclaimed water systems as defi ed in Chapter 62- 610, Part III, F.A.C., shall establish a routine cross -connection ontrol program to detect and prevent cross -connections that create or may creat3 an imminent and substantial danger to public health. This program shall include 3 written plan that is developed using accepted practices of the American Water Works Association as set forth in the reference documents cited in Rules 62-5 5.330(6) and (7), F.A.C. (3) Upon discovery of a prohibited cross -connection, public either eliminate the cross -connection by installation of an ap rater systems shall ropriate backflow Chapter 62-555 -16- March 8, 1994 • PRMITTING AND CONSTRUCTI OF PUBLIC W4TER SYSTEMS prevention device acceptable to the Department or shall discontinue service until the contaminant source is eliminated. (4) Only the following are considered to be backflow prevention devices. They shall be installed in agreement with and under the supervision of the supplier of water or his designated representative (plumbing Inspector,etc.) at the consumer's meter, at the property line of the consumer when a meter location designated by the supplier of water or the Department. is not used, or at a (a) Air gap separation - A physical separation between The devices are: the free -flowing discharge end of a potable water supply pipeline and an receiving vessel. An "approved open or non -pressure airgap separation" shall diameter of the supply pipe measured vertically above the be at least double the vessel. In no case shall it be less than 1 inch. top of the rim of the (b) Reduced pressure backflow preventer - A device containing within its structure a minimum of two independently acting approved Beck valves, together with an automatically operating pressure differential relief'valve located between the two check valves. The first check valve reduces the predetermined amount so that during supply pressure a normal flow and at cessation the pressure between the checks shall be less of normal flow than the supply of leakage of either check valve, the differential relief valve, pressure. In case by discharging to the atmosphere, shall operate to maintain the pressure between the checks less than the supply pressure. The unit shall include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks. (c) Atmospheric vacuum breaker - A backflow prevention device which is operated by atmospheric pressure in combination with the force of gravity. The unit is designed to work on a vertical plane only. The one m ving part consists of a poppet valve which must be carefully sized to slide in a guided chamber and effectively shut off the reverse flow of water when a negative pressure exists. (d) Pressure vacuum breaker - A pressure vacuum b eaker is similar to an atmospheric vacuum breaker except that the checking u it "poppet valve" is activated. by a spring. This type of vacuum breaker does of require a negative pressure to react and can be used on the pressure side of a valve. (e) Double check valve assembly - An assembly co independently acting, check valves, including tightly closing posed of two single, shutoff at each end of the assembly and suitable connections for valves located testing the water tightness of each check valve. A check valve is a valve that is drip -tight in the normal direction of flow when the inlet pressure is one psi and the outlet pressure is zero. The check valve shall permit no leakage in a direction normal flow. The closure element (e.g., clapper) reverse to the shall be internally otherwise internally loaded to promote rapid and positive closure. weighted or (f) Residential Dual Check - A compact unit manufactured independent spring actuated with two check valves. The residential dual check is acceptable Chapter 62-555 -17- March 8, 1994 • PRMITTING AND CONSTRUCTION OF PUBLIC WA SY only as added back -flow prevention in areas served by reuse systems defined in Chapter 62-610, Part III, F.A.C., when the cross connect on control program identifies activities specific to (5)(a) and (5)(b) of this section. (5) Cross connection control programs specific to reuse systems defined in Chapter 62-610, Part III, F.A.C., shall consider the following (a) Enhanced public education efforts towards p evention of cross connections. (b) Enhanced inspection programs for portions of the distribution system in areas of reuse for detection and elimination of cross connections. (c) Dual check valves shall be considered acceptable for reducing risks from back -flow only at residential properties served by reclaimed water unless: 1. Local codes, ordinances, or regulations require greater levels of back -flow prevention. 2. Other hazards exist on the property that require a greater level of back -flow prevention Specific Authority: 403.861(9), F.S. Law Implemented: 403.861(9), F.S. History: New 1 1-19-87; Formerly 17-22.660; Amended 1-18- 9, 1-3-91, 1-1-93. PART IV PUBLIC WATER SYSTEM GENERAL PERMI S 62-555.400 General. The terms, conditions, requireme ts, limitations, and restrictions set forth in this Part are "general permit conditions" and are binding upon the permittee. The conditions are enforceable under Chapter 403, F.S. Specific Authority: 403.814(1), F.S. Law Implemented: 403.861, 403.814, F.S. History: New 1-18-89. 62-555.410 General Conditions for All General Drinking Water Permits. (1) The general permit is valid only .for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. The permittee is pl ced on notice that violation of the permit may result in suspension or revocation of the permittee's use of the general permit and may cause the Departme It to begin legal proceedings. (2) The general permit does not convey any vested right: privileges. It does not authorize any injury to public or private invasion of personal rights. It does not authorize any infrint state, or local laws or regulations. It does not eliminate the r other federal, state, or local permits that may be required, or a to violate any more stringent standards established by federal i or any exclusive property nor any ement of federal, eed to obtain any low the permittee )r local law. Chapter 62-555 -18- 1.9;ii : h 8, 1994 • be Eedueed to Zen e f the . be-44 eenneetlen fees. i� Resolution 92-5 2-4- 92 4. Backflow Prevention Fees Meter Size 5/8"X3/4" 1" 1-1/2" 2" C T COUNTY $ 225.00 $ 281.25 2 5.00 343.75 3 0.00 437.50 4 5.00 531.25 Fees for Backflow Prevention Devices shall be added to above connection fees. Backflow prevention devices shall be required for all premises likely to have cross connections. The type of device used will be determined by the director. Fees for Backflow Prevention Devices larger than two (2) inch shall be calculated by the Department of Public Utiliti s and price shall be based upon the cost of materials, labor, equipioent plus 25% for all services outside city limits and an administrative charge of 15% of total cost. 5. Water System Capacity Fees: CITY COUNTY Meter Size 5/81IX3/4" $ 500.00 $ 625.00 „ 1,250.00 1,562.50 1-1 2„ 2,500.00 3,125.00 „ 4,000.00 5,000.00 „ 8,000.00 10,000.00 12,500.00 15,625.00 „ 25,000.00 31,250.00 „ 40,000.00 50,000.00 6. Wholesale Water Treatment: Wholesale water treatment rate is based $ upon the metered water volume charge per 1000 gallons all gallons, all meter size Minimum Service Charge: Meter Size T COUNTY 1.10 $ 1.38 2" $ 400.00 3" 800.00 4" 1,200.00 6" 2,400.00 Fees for sales for resale for meters larger than 6 upon total water requirements. 2 COUNTY $ 500.00 1,000.00 1,500.00 3,000.00 inch shall be based CITY OF OKEECH TO: Mayor and City Council DATE: THRU: SUBJECT: THRU: FROM: John J. Drago, City Administrator The City received an 11.8% increase in its healt premium. The rates are as follows: CURRENT Single $124.58/mo Family $213.38/mo NEW RATES Single $139.28/mo Family $238.60/mo There are City employees who only insure their sj and really do not need to be placed into the fam. the higher amount. There are also City employee; separate insurance coverage for their spouse or of the higher family coverage cost to the City. I asked the insurance company to submit a four t. in order to give City employees a better selectic maintain the full coverage. The four tier rates Single $139.98/mo Children Only $125.21/mo N or more) Spouse Only $160.84/mo Family $286.07/mo As you can see, the employees with the full famil pay more with the four tier schedule compared to schedule. In order to give City employees the op benefit from the four tier rate schedule, and mak City employees with the full family coverage, I a that the monthly stipend for City employees be in $18/month to $70/month and the four tier schedule This increase would then place the full family co four tier schedule in line with the two tier sche, $70/month stipend would also be extended to those who use the children or spouse only coverage. 'E l 10, 1994 th Insurance insurance )ouse or children rly plan and pay r who may have 'hildren because er rate schedule n, but still are: P coverage would the two tier :)ortunity to it fair to the a recommending :reared from be approved. ►erage under the Pule. The city employees • TO: I City Council CITY OF OKEECHOBEE MEMORANDUM THRU: John J. Drago, Administrator THRU: FROM: Robert Delorme, Finance Director c CA� ******************************************************* BACKGROUND DATE: 11-09-94 ECT: Direct Deposit For several weeks, I have been researching for a way to provide a Direct Pay Deposit service for City employees. A survey of City employees revealed that at least 36 of them desired to participate in a Direct Deposit program. BENEFITS Direct Deposit of pay will: save employees to their bank to deposit pay checks; eliminates lost or stolen pay checks; and, speeds up the ave electronically deposited each pay day. The Cii having less checks to distribute each pay day an by providing this much needed service. SERVICES AVAILABLE Sun Bank offers a BUSINESS EXPRESS cash mi This computer program would be loaded on my per: allows access to all City bank accounts maintaii The following functions can be performed using th program: - Review Account Balances - Review Account History - Review Debit/Credit Details - Initiate Stop Payments - Automate Account Reconciliation - Produce Interim Bank Statements - Initiate Transfer of Funds Between - Initiate Direct Deposit of Payroll the time of going .he possibility of _lability of funds F will benefit by increased morale Magement program. ;onal computer and ;ed with Sun Bank. e Business Express Accounts City employees do not need to have an account at Sun Bank to participate in Direct Deposit. This program will allow the disbursement of payroll to any financial institution. The software offers multiple levels of password protection. Toll -free technical assistance is available during set-up and to resolve any other problems that may occur. BENEFITS OF BUSINESS EXPRESS Convenient, easy access to timely accoun Improves control over cash utilization a Improves management of City financial re Simplifies Bank Account reconciliation Simplifies payroll distribution IMPACT ON ACCOUNTING SERVICE information mobilization rces The implementation of this cash management service, specifically direct deposit, has been discussed in Dennis at the accounting service (FACS). Checks will continue to be printed for those not choosing Direct Deposit. For those on Direct Deposit, a zero dollar check may be generated and a separate listing would be provided for those on direct deposit. This list would be used to input payroll by the Finance Director. The printing of a zero dollar check will provide the employee with a stub which shows gross pay, all deductions and net pay. COSTS Business Express Software (one time cost) Monthly Service Charges (see attached Account Analysis Statement) Telephone line for computer (one time cost) Accounting Service: no additional impact on c All costs can be absorbed in the Finance Depi RECOMMENDATION The City Council authorize/approve the implementa Bank Business Express cash management program as and set forth in the attached Account Analysis Ste 60.00 100.00 :urrent fees Lrtment budget. tion of the Sun discussed above .tement. SUNBANK/MID-FLORTI)A, N.A. PRO FORMA ACCOUNT ANALYSIS STAT MENT PROFORMA PREPARED FOR: City of Okeechobe Average Ledger Balance $173,023.00 Less: Average Float $19,540.00 Average Collected Balance $153,483.00 Average Negative Collected Balance $0.00 Average Positive Collected Balance $153,483.00 Less: Reserves @ 10.00% Average Net Positive Collected Balance $15,348.30 $138,134.70 Earnings Credit @ 4.64% $526.80 Less: Activity Charge 515.50 Net Analysis Position $11.30 Funds Over (Under) Requirement $3,292.91' - - - - - - - - - - - - - - - - - Analysis of Charges ---- Balance Based Service Unit Charge Activity Activity Cha ge Balance Equivalent Account Maintenance $13.2500 5 $116.25 $19,301.76 FDIC Premium $0.1597 173 $ 7.63 $8,050.44 Interest On Deposits $1.0000 211 $2 1.33 $61,570.44 Deposits $0.3500 29 $ 0.15 $2,957.18 Checks Paid $0.1500 450 $117.50 $19,665.95 Items Deposited $0.1100 260 $ 8.60 $8,332.54 ACH Item Originated $0.0800 80 6.40 $1,864.62 ACH Transfers $0.1200 2 0.24 $69.92 ACH Input Files $10.0000 4 $ 0.00 $11,653.90 ACH Input -Per Item $0.0050 80 0.40 $116.54 Incoming Wire $7.0000 1 7.00 $2,039.43 Business Express $50.0000 1 $ 0.00 $14,567.37 Total For Balance Based Services 515.50 150,190.09 COMPANY NAME CONTACT/TITLE ADDRESS CITY SUNBANK/MID-FLORIDA, N.A. BUSINESS EXPRESS PC USER SET—UP FORM COMPANY PROFILE City of Okeechobee Finance Director 55 South East 3rd Avenue Okeechobee, Ff. ZIP 34974-2932 TELEPHONE (813) 763-3372 NUMBER OF YEARS IN BUSINESS ORGANIZATION CORPORATION PARTNERSHIP SOLE PROPRIETORSHIP x NON—PROFIT NUMBER OF LOCATIONS x ONE TWO 3-5 OVER 5 COU FAX ANNUAL SALES Okeechobee ( 813) 763-1686 UNDER $1 MILLION x $1—$5 MILLION $5—$10 MILLION OVER $ 0 MILLION NUMBER OF BANK RELATIONSHIPS SOFTWARE PURCHASE: $60 FEE CHARGED TO ACCOUNT # ONE TWO x 3-5 OVER 5 Bille¢ to Cit MONTHLY FEES ANALYZED TO ACCOUNT# - 089300930237 TOTAL MONTHLY FEE: FEE WILL BE DETERMINED BY BOTH THE TOTAL NUMBER OF ACCOUNTS AND THE TOTAL, NUMBER OF ITEMS. AS VOLUMES INCREASE OR DECREASE, PRICE WILL BE ADJUSTED ACCORDINGLY, BUT NO MORE OFTEN THAN QUARTERLY. ALL ADDI- TIONAL BANK Cl IARGES APPLY, SUCH AS ACCOUNT MAINTENANCE, CHECKS PAID, FUNDS TRANSFERS, STOP PAYMENTS, ETC. INTERNAL FUNDS TRANSFER ENTER 'Il IL' ACCOUNT NUMBERS FOR SUNBANK TRANSFERS AND A77ACI I AVOIDED CII ECK FOR EACI I AC.COUN'1' LIS-I1i1). DESCRIP77ONS GIVEN SIIOULD BE "OPERATING TO PAYROLL", "MONEY MARKETTO OPE A77NG%OR OTIIEIi COMMON 71'ILES WHICH WOULD EASILY IDENTIFY TIIE'MANSFER 7YPl's. FROM ACCOUNT 0893000930237 TO ACCOUNT 0893000930318 DESCRIPTION Genera 1 Fund to PayerI I I Acrount FROM ACCOUNT TO ACCOUNT DESCRIPTION FROM ACCOUNT TO ACCOUNT DESCRIPTION FROM ACCOUNT TO ACCOUNT DESCRIPTION FROM ACCOUNT TO ACCOUNT DESCRIPTION FROM ACCOUNT TO ACCOUNT DESCRIPTION 0893000930237 089300102o46 General Fund to Public Facilities Improvement Fund 0893000930318 0893000930237 Payroll Account of Gene al Fund o893001020463 0893000930237 Public Facilities Improvement Fund to General Fund IF ADD1770NALSPACE IS NEEDED, PLEASE PIIOTOCOPY 7I[IS PAGE. FUND ENTER ME ACCOUNTNUMBERS FOR SUNBANK TRANSFERS AND ATTACH AVOIDED DESCRIPTIONS GIVEN SHOULD BE "OPERATING TO PAYROLL"• "MONEY MARKETTO C TITLES WHICII WOULD EASILY IDENTIFYTIIE TRANSFER TYPE. FROM ACCOUNT o893000930237 TO ACCOUNT 0893000930318 DESCRIPTION _ FROM ACCOUNT TO ACCOUNT DESCRIPTION FROM ACCOUNT TO ACCOUNT DESCRIPTION FROM ACCOUNT TO ACCOUNT DESCRIPTION FROM ACCOUNT TO ACCOUNT DESCRIPTION FROM ACCOUNT TO ACCOUNT DESCRIPTION 'K FOR EACII ACCOUNT LISTED. TING", OR OTI IER COMMON o893000930237 o89300102046 General Fund to Public Facilities Improvement Fund 0893000930318 o893000930237 Payroll Account of Gene al Fund 089300102o463 0893000930237 Public Facilities Improvement Fund to General Fund IF ADDITIONAL SPACE IS NEEDED, PLEASE PHOTOCOPY TI IIS PAGE. • L____OPTIONAL FEATURES DESIRE[ x __FUNDS TRANSFER (COMPLETE FUNDS TRANSFER SI x DIRECT DEPOSIT (ACH AGREEMENT REQUIRED) ACCURET INTERFACE PLEASE VERIFY TIiATYOU MEETTIIE FOLLOWING MINIMUM HARDWARE AN "X" IN TIIE BOXES BELOW: x IBM PC XT/AT OR 100% COMPATIBLE, IBM PS/2 x MS DOS 3.1 OR HIGHER x 512K OR MORE AVAILABLE MEMORY x HAYES OR 100% COMPATIBLE MODEM x FLOPPY DISK DRIVE x 5-1/4" x 3-1/2" x HARD DRIVE WITH 3-6 MB AVAILABLE ION) .CATIONS BY PLACING SERVICE AGREEMENT - --- - - '11JE UNDERSIGNED OFFECERS, PARTNERS, Olt INDIVIDUAL (SOLE —PROPRIETOR) IIAVi TIIE AU11IORTIY T'O EXECUTE 1111S APPLICATION. IT IS FUR'TIIER UNDERSTOOD TI-IATTIIE COMPANY AND ITS OFFICERS OR PARTNERS Af E BOUND BY ALL'IERMS AND CONDITIONS SET FORTII IN TIIE BUSINESS EXPRESS/PC USER GUIDE, BUSINESS EXPRESSMC CUSTOMER AGREEMENTAND TI IE BANK'S DEPOSITORS AGREEMEN'r. IF YOU RAVE NOT RECEIVED A COPY OF TILESTATED AGREEMENT',1'I.EASE DO SO PRIOR TO IMPLEDIENTING TIIIS SERVICE. 'TIIE COMPANY AND ITS OFFICERS OR PARTNERS ALSO UNDERSTAND TIiAT PAYMENT FOR SERVICE DELIVERY WILL BE DEBITED ON A MON111LY BASIS FROM TIIE DESIGNATED ACCOUNT OR CHARGED TO A COUNT ANALYSIS UNTIL'111E SERVICE IS DISCONTINUED BY BOTII PARTIES AND TIIATT1IE SOFTWARE REPRESENTsi ONE TIME CIIARGI?. Finance Director SIGNATURE Robert M. Delorme 11TLE SIGNATURE TITLE DA'IT; DALE • 0 BUSINESS EXPRESS PC CUSTOMER AGIEEMENT This agreement ("Agreement") is made this day of between the undersigned company ("Company") and the un ersigned bank ("Banka). In accordance with Company's decision to utilize Bank's Cash Management System Business Express PC (hereinafter referred to as "Business Express PC,,), Company agrees that, upon Company's written acceptance of the Agreement, Bank will provide Company with access to the Business Express PC, which will report Company's bank statement data and which will permit Com any to initiate certain ACH transfers and stop payment requests. 1. Instructions, User Number and Passwords. Bank will provide Company with a Business Express PC User Manual which fully explains the operation and servicing of the Business Express PC System, a user number, and a Password (Collectively, "Codes"). Company may utilize the Business Express PC System to obtain information concerning the status of Company's accounts at Bank seven (7) days a week, twenty-four (24) hours a day. Company agrees to (i) keep Company's Codes strictly confidential, disclosing them only to employees who must have access to them in order to perform their employment duties; (ii) instruct those employees that they shall not disclose Company's Codes to any person; and (iii) establish and maintain all procedures necessary to assure that the Codes shall be maintained in strictest confidence. If Company's Codes become known to any unauthorized person, or if Company believes they may have become known to any other person, Company shall immediately provide telephone notice thereof to Bank to be followed by written notice to be received the same day. Bank reserves the right to change Company's Codes, effective upon notice to Company. 2. Input of Information. Bank will exercise reasonable care in entering into Company's accounts the information Company places into he Business Express PC System. Bank cannot control, and therefore will not be liable or responsible for, information which is- inaccurate, incomplete, no current, or lost in transmission. 3. Internal Transfers. If Company uses the Business intra-company transfers between any of Company's account upon any transfer instructions it receives from the Compe Express PC bearing Company's Codes and name as properly to execute such transfers, subject to any applicable res of transfers governing such accounts. Bank will exact intra-company transfer requests on the date received, prc received by Bank within the normal business hours. 1 transfer(s), Company assumes all responsibility and liab availability of collected funds at the time of the tran, 4. Stop Payment. Company may use the Business Express to direct Bank to place a Stop Payment Order for Company In the event Company should use the Stop Payment service, any stop payment instructions it receives from Company Express PC Stop Payment service bearing your accoun authorized instructions. Bank's check processing and at computerized and require precise identification informat information provided on the Stop Payment Order must be exact amount of the check to the penny and the encoded the be unable to identify the item on which to stop payment Order will by void. Express PC to initiate at Bank, Bank may rely ay through the Business Luthorized instructions :rictions on the number to properly authorized prided such requests are y initiating any such .lity for verifying the fer request. ?C Stop Payment service 's account(s) at Bank. the Bank may rely upon through the Business number as properly �p payment systems are Lon. Accordingly, the :orrect, including the :k number, or Bank will and the Stop Payment 1 • 5. Honoring Transactions. All individuals who are g to initiate any of the transactions described at paragr referred to as "Electronic Entry(ies)11) must be de representatives". Company hereby acknowledges and agre the terms of any agreement between Company and Bank Business Express PC System for'these transactions, B transaction request by calling Company or any o representatives. With respect to each of the Electrc under no obligation to honor, either in whole or in par which: (i) exceed Company's available funds on accoun in accordance with any condition indicated by Company a (iii) is not in accordance with the security regi requirements of Bank. If Bank creates an overdraft Company agrees to repay Bank upon demand, together with current per diem interest rate for such overdrafts), necessary, the costs of collection. However, Bank is create an overdraft for any purpose. Bank is not and failing or refusing to perform any transaction whi information or which would violate the Agreement or any Bank. 6. Disclaimer of Warranties) Limitation of Liability AND DOES NOT BY THIS AGREEMENT MAKE, ANY REPRESENTATIONS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNI OR PURPOSE WITH RESPECT TO THE BUSINESS EXPRESS PC SYS! DISCLAIMS THE SAME. IN NO EVENT SHALL THE BANK OR ITS] AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, Pt CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, WITHOUT LIMIT OF PROFITS AND CLAIMS OR OF THIRD PARTIES, WHETHER OR N07 LOSSES OR DAMAGES WAS KNOWN BY BANK. BANK AND ITS D AGENTS ARE NOT AND SHALL NOT BE LIABLE FOR THE ACTS AND/ PARTY, INCLUDING BUT NOT LIMITED TO THE VENDOR(S) OF SYSTEM AND ITS COMPONENTS, ARISING OUT OF OR IN ANY I AGREEMENT, THE BUSINESS EXPRESS PC SYSTEM OR COMPANY'S U AND ITS DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE L] LOSSES ARISING FROM SUCH ACTS AND/OR OMISSIONS. tuse of Company Codes kphs 3 and 4 (hereinafter signated as "authorized es that, notwithstanding when Company uses the ink will not verify the E Company's authorized nic Entry(ies), Bank is t, any transfer requests : with Bank; (ii) is not nd agrded to by Bank; or iirements or any other to complete a transfer, interest (at Bank's then processing fee, and if under no obligation to shall not be liable for =h does not have such Dther agreement with the THE BANK HAS NOT MADE, )R WARRANTIES, EXPRESSED 5S FOR A PARTICULAR USE EM, AND THE BANK HEREBY IRECTORS, EMPLOYEES AND 1ITIVE, EXEMPLARY, OR \TION, LOSS OF USE, LOSS THE POSSIBILITY OF SUCH RECTORS, EMPLOYEES AND ,R OMISSION OF ANY THIRD HE BUSINESS EXPRESS PC NY CONNECTED WITH THIS E THEREOF; AND THE BANK LBLE FOR ANY DAMAGES OR 7. Fees. Bank's charge for services under this Agree ent will be computed in accordance with the Banks's Schedule of Fees, and may a changed from time to time upon thirty (30) days' written notice to Company. dditional transactions above the standard monthly usage levels may be chargeab a as overage fees. 8. License. Bank grants Company a non-exclusive computer programs supplied on disk in connection with service (hereinafter "Program") in accordance with the: Bank. Company agrees not to use or attempt to use the I is not in accordance with said instruction. Without lir the foregoing, Company agrees to comply with the terms Agreement. Company shall not reproduce the diskette Program. 9. ownership and Confidentiality. Company acknowled supporting documentation are the exclusive and confides third parties from whom ADP has secured the right t programs. Company shall treat as confidential and otherwise make available' the trade secrets, proce information or documentation related to the Prog "Confidential Information"), in any form, to any person, Company. Company will instruct its employees who have a Confidential Information to keep the same confidential, and discretion which Company uses with respect to its ov and trade secrets. ub-license to use the he Business Express PC istructions provided by cogram in any way which Lting the generality of and conditions of this E documentation or the as that the Program and :sal property of ADP or use of such computer Shall not disclose or s, proprietary data, am (collectively the Dther than employees of cress to the Program and by using the same care � confidential property 2 10. Bank Services: standard of Care. In connection provides information to and receives information from acts on such information to effect Stop Payments or i directly between accounts at Bank, or through the A ( "ACH") . In so acting, except as otherwise provided by 1 shall be limited to the exercise of ordinary care. F ordinary care shall not be inferable by reason of any without an additional showing of negligence on the par shall Bank be liable to Company for failure to perfc contemplated hereunder if the failure to perform is due the following: any act of failure by Company, mechan: equipment, a power failure, strikes or lockouts, fire or civil commotion. 11. Termination. Either Bank or Company may terminate sub -license granted hereunder, with or without cause written notice to the other. This Agreement and automatically terminate if Company's accounts with B reserves the right to terminate this Agreement and sub-li fails to maintain sufficient available balances to enable transfer request made by Company pursuant to this A4 breaches this Agreement, or if Banks's license agreement Bank will give Company as much notice as practicable of termination of this Agreement, Company agrees to return t Program in Company's possession and all Confidential In with the Program, Bank :ompany through ADP and iitiate Funds Transfers tomated Clearing House iw, the Bank's liability Lilure to exercise such oss suffered by Company of Bank. In no event :m any of the services to occurrence of any of cal failures of Bank's other casualty, riot or this Agreement, and the upon thirty (30) days the sub -license will ink are closed. Bank sense earlier if Company Bank to fund each funds reement or if Company with ADP is terminated. any termination. Upon 3 Bank all copies of the .ormation. 12. Notices. All notices required under this Agreement shall be in writing and shall be mailed by first class mail or personally delivered to the parties at the addresses following the parties signatures, or any other address designated in writing hereafter. Such notices shall be effective upon receipt. Receipt shall be deemed to be actual receipt or three (3) days after the notice is placed in the U.S. mail, postage pre -paid, whichever is shorter. 13. Waiver. No waiver by either party or any brea h by the other of any provision or condition of this Agreement to be performed by such party shall be deemed a waiver of a breach of any other provision, or a waiver of a subsequent breach of the same provision or condition. 14. Change in Term. Bank may change the terms and conditions of the Agreement from time to time upon thirty (30) days' written notice to Company. Unless Company notifies Bank of termination of the Agreement before the effective date of the change, Company will be deemed to have agreed to the change. 15. Other Agreements. This supplements Bank's Rules and Regulations for Deposit Account and other agreements pertaining to the services which may be initiated using the Program including, but not limited to, Bank's terms and conditions for Stop Payment orders if Company notifies 3ank of a Stop Payment under this Agreement, (Company will have to sign the, Bank's Stop Payment agreement) and ACH Agreement (which Company will be r quired to sign before initiating any transactions through the ACH) SunBank/Mid-Florida, N.A. COMPANY: BY: NAME: TITLE: DATE: BY: NAME: TITLE:_ ADDRESS: PHONE:_ DATE: 3 Sllrl ACH AGREEMENT BanK= This Agreement ("Agreement") by and between the undersigned company ("Cc is effective on the date of acceptance by Bank. RECITALS is Page 1 of 5 Pages and the undersigned bank ("Bank") A. Company wishes to initiate Credit and/or Debit Entries pursuant to the terms of this Agreement and the Operating Rules and Operating Guidelines that have been adopted by the National Automated Clearing House Association ('NACHAJ and the Florida Payment Systems Inc. "FPSI") (together with any amendments or revisions thereto, hereinafter collectively called "Rules"), and Bank is willing to act as an Originating depository Financial Institution ("ODFIJ with respect to such Entries. B. Unless otherwise defined herein, capitalized terms shall have the me nings provided in the Rules. The term "Entries' shall have the meaning provided in the Rules and also shall can the data received from Company hereunder from which Bank prepares Entries. AGREEMENT 1. TRANSMITTAL OF ENTRIES BY COMPANY. Company shall de iver or transmit Entries to Bank to be processed in accordance with the provisions of Exhibit A and Exhibit B. attached hereto and incorporated herein by this reference. 2. SECURITY PROCEDURE. Company and Bank shall comply with the security procedure requirements described in Exhibit B with respect to Entries transmitted by Company to Bank. 3. PROCESSING. TRANSMITTAL AND SETTLEMENT BY Be K (a) "Effective Entry Date" means a date specified in an Entry on w ich the originating Company instructs that the payment is to be made. (b) Except as provided in section 4 and 5, Bank shall (i) process E tries received from Company to conform with the file specifications set forth in the Rules, (11) process and/or transmit such Entries as an ODFI to a receiving account or ACH Processor for further processing and (iii) settle for such Entries as provided in the Rules. (c) Bank shall transmit any Entries requiring further processing to tt a ACH Processor by the deadline of the ACH Processor prior to the Effective Entry Date shown in st ch Entries, provided (i) such Entries are received before Bank's related cutoff time, and (ii) the Effm tive Entry Date follows receipt by Bank of such Entries by at least the number of days required in he Operating Instructions. Bank will provide Company with cut -of deadlines which may be amended rom time to time. Entries shall be deemed received by Bank when Company has complied with thi i Operating Instructions for delivery of Entries and all security procedures in Exhibit B. (d) If one of the requirements of clause (i) or (ii) of Section 3(c) is n t met, Bank shall use reasonable efforts to transmit such Entries to the ACH Processor by the no deposit deadline of the ACH Processor. It 4. ON -US ENTRIES. Except as provided in Section 5, in the case of an account maintained with Bank (an "On -Us Entryl, Bank shall cred, amount of such Entry on the Effective Entry Date contained in such E forth in clauses (1) of Section 3(c) are met. 11 one of those requiremen reasonable efforts to credit/debit the Receiver's account for the Entry such Effective Entry Date. For purposes of this Agreement, a "busine excluding Bank holidays. IP 586 (Rev. 6/91) mw y Entry received for credit/debit to debit the Receiver's account in the try, provided the requirements set - is not met. Bank shall use n the next business day following t day" is Monday through Friday 0 , Page 2 of 5_ pages 5. REJECTION OF ENTRIES. Bank shall reject any Entry that does not comply with the requirements of Section 1 or 2, or that contains an Effective Entry Date more than fc urteen (14) days after the business day such Entry is received by Bank. Bank shall notify Company by phor a of such rejection no later than the business day such Entry would otherwise have been transmitted by Bank to the ACH Processor or, in the case of an On -Us Entry, its Effective Entry Date. 6. CANCELLATION BY COMPANY. Bank shall use reasonable off its to act on a request by Company for cancellation of an Entry if such request is made prior to transmitti ig the Entry to the ACH Processor or, in the case of an On -Us Entry, prior to crediting/debiting a Receiver's account, provided such request is received by Bank at a time and in a manner affording Bank a reason le opportunity to act on the request and provided the request complies with the security procedures for cancellation set forth in Exhibit B, but Bank shall have no liability if such cancellation is not effected. 7. NOTICE OF RETURNED ENTRIES. Bank shall promptly notify Company by mail or by electronic access of the receipt of a returned entry from the ACH Processor. Except for any entry retransmitted by Company in accordance with requirements of Section 1, Bank shall have no obligation to retransmit a returned Entry to the ACH processor if Bank complied with the terms of this Agreement with respect to the original Entry. 8. PAYMENT. Company shall pay Bank the amount of each originated credit Entry and Bank shall pay Company the amount of each originated debit Entry transmitted by Bank pursuant to this Agreement at such time on the Effective Entry Date as Bank. in its discretion, may determine. 9. THE ACCOUNT. Bank may, without notice or demand, obtain payrr it under this Agreement by debiting the account(s) of Company identi 'Account'), and shall credit the Account for any amount received by I Entry transmitted by Bank for which Bank has previously received pa shall be made as of the day of such receipt by Bank. Company shall collected funds in the Account sufficient to cover its payment obligati event there are not sufficient collected funds in the Account to cover Agreement, Company agrees that Bank may, in its discretion. revers require Company to deposit additional funds before the Entries are pi on funds in any account maintained by Company with Bank or any At off against any amount it owes to Company, in order to obtain paymei Agreement. 'Affiliate of Bank' means SunTrust Banks, Inc. and any i term is defined in section 1504(a) of the Internal Revenue Code of 19i 10. 11. credited to Company's Account maintained with Bank will be reflected issued by Bank with respect to the Account. Not more than 14 days a periodic statement, Company will cause it to be examined and will imn discrepancy or error therein. Failure of Company to notify Bank of anj relieve Bank of any interest liability with respect to the Entry. Failure i discrepancies within ninety (90) days of the mailing or delivery of sucl of any liability for any Entries reflected in the statement. PAYMENT. Company represents to Bank that (a) each person shown as the Race Entry prior to its submission to Bank and such authorization Is and sh.- account is debited or credited, and (b) each Entry transmitted to Bank under this Agreement, the Rules, the Operating Instructions, and all al Company agrees to be bound by the Rules as in effect from time to tim provision thereof making payment of an Entry by the Receiving Depos the Receiver provisional until receipt by the RDFI of Final Settlement f, acknowledges that it has received notice of that Rule and of the fact t the RDFI shall be entitled to a refund from the Receiver of the amount k deemed to have paid the Receiver the amount of the Entry. -Final Set shall be the day upon which such Entry is posted to the account of RDI in accordance with the Rules. Such Entry may also be made by Bank Entries. ant of any amount due and payable to led in exhibit A attached hereto (the ank by reason of the return of an rment from Company. Such credit it all times maintain a balance of ins under this Agreement. In the :ompany's obligations under this i all Entries. refuse to process Entries, Messed, and/or debit or place a hold Hato of Bank and that Bank may set t of Company's obligations under this iember of its 'affiliated group', as that 6. as amended. !ANCI ES Entries debited or )n Company's periodic statement ter the mailing or delivery of such adiately notify Bank of any discrepancy within that time will f Company to notify Bank of any periodic statement shall relieve Bank ar on an Entry has authorized the remain in effect until the Receiver's informs to Company's obligations licable laws and regulations. including without limitation the iry Financial Institution ("RDFI'to such Entry; and specifically it. if such settlement is not received, ►cited and Company shall not be, meat' with respect to any Entry by Bank or a Federal Reserve Bank originator for direct Bank affiliate • • Page 3_ of _5 Pages 12. LIABILITY: LIMITATION OF LIABILITY. (a) Bank shall be responsible only for performing the services expressly provided for in this Agreement, and shall not be liable, except as provided by applicable law, for any error or delay so long as Bank has acted in accordance with the terms and conditions hereof. Without limiting the foregoing, Bank shall not be liable for any decision to reject Entries or not to Drocess Entries for the reasons provided herein, or if Company is in breach of any obligations hereunder; it Bank reasonably believes or has actual notice of commencement of bankruptcy or similar proceedings against Company; or if such processing involves funds, the ownership of which or the rigit t to make -withdrawals consisting of is subject to dispute. To the extent provided for herein, Bank sl iall not be liable 9 Company fails to report any error or discrepancy reflected in a periodic statem nt or if Company fails to report a breach of confidentiality of security procedures. Bank shall not be li ible to the extent Company receives the benefit of any Entry, even if such Entry is otherwise erroneo s. (b) No Agency. Bank shall not be responsible for acts or omis4 ions of any third party, including without limitation any Federal Reserve Bank, courier service, PSI, NACHA, any transmission or communications facility, or any other parry involved with proc sling of the Entry, any Receiver or RDFI (including without limitation the return of an Entry by suc i Receiver or RDFI), and no such third party shall be deemed Bank's agent. (c) Company's Agents. In the event Company authorizes any third party, such as a payroll processing service, to perform obligations of or services to Company hereunder, Bank shall have no additional liability to Company occasioned by said agency so long as Bank acted in accordance with instructions hereunder. Company agrees to assume responsibility for any errors or wrongdoing by such third party or any of its employees. (d) Compensation. Subject to the foregoing limitations, any da nages or other compensation due Company resulting from Bank's performance hereunder shall I is limited to interest on the funds at issue at the 'federal funds rate" paid by Bank at the close of b isiness on each day the error or delay remains uncorrected; provided, however, that if Bank is unab e to recover funds from a Receiver who has no claim to all or any part of the funds at issue as a result 31 Bank's negligence, Bank shall be liable for Company's actual loss, not to exceed the amount of unds that Bank is unable to recover, plus interest. In no event shall Bank be liable to Company for indirect, consequential, special, punitive or exemplary damages. 13. INDEMNIFICATION. In consideration for Bank's making available to Company the services hereunder. Company agrees to indemnify and hold Bank harmless from and against all damages, costs and expenses (including reasonable attorneys' fees and costs of investigation) arisit g from or in any manner related to (I) Entries processed or related actions taken by Bank in accordance wi h instructions provided by Company, including but not limited to, actions taken by Bank to cancel Entries; ii) any decision by Bank not to effect a transfer for any specified reason herein; (III) a breach of Company's i epresentations under Section 11 hereof; or (iv) a circumstance that would relieve Bank of liability to Cc mpany pursuant to Sections 10 or 12 hereof; (v) acts or omissions of Company's agents; (vi) or otherwise so long as Bank acts in compliance with this Agreement. 14. COMPLIANCE WITH SECURITY PROCEDURES. The authorizations in Exhibit A and security procedures in Exhibd B shall apply equally to Entries and requests for cancellation or amendment of Entries. Accordingly, in this Section 14. `Entry" shall be construed to include requests for cancellation or amendment of Entries. (a) B an Entry received by Bank was transmitted or authorized by mpany, or if an Entry received by Bank purports to have been transmitted or authorized by Comp y and Bank has complied with the security procedures provided for herein, then, in either case, it ill be deemed effective as Company's Entry. If signature comparison is to be used as pa of that security procedure, Bank shall be deemed to have complied with that part of such proc re if the signature accompanying a file of Entries bears any resemblance whatsoever to the signat re of the Company's authorized representative for submission of Entries. (b) Company is responsible for maintaining the confidentiality of th security procedures hereunder and shall promptly report to Bank any breach thereof. Bank shall h ve no liability for losses occasioned by Company's failure to maintain the confidentiality of its sscu ty procedures. (c) Bank may change, add or delete any procedures established prsuant to this Agreement, from time to time, upon notice to Company. 0 Page 4 of 5 pages 15. VERIFICATION. Bank shall be entitled, at its sole discretion, to s ek verification or authentication of any file of Entries by contacting Company by telephone or by any other Bans set forth in any regulations or publications made available to Company or otherwise deemed reaso able by Bank; provided however. that so long as Bank complies with the security procedures in Exhibit B h roof, Bank shall have no obligation to seek verification or authentication. If Bank is unable to obtain any v rification or authentication sought by it, Bank may, in its sole discretion, either effect or refuse to effect th Entries. 16. INCONSISTENCY OF NAME AND ACCOUNT NUMBER. Com any acknowledges and agrees that if an Entry describes the Receiver, RDFI, or any Intermediary Bank in nsisiontly by name and number, (account number in Receiver's case; bank number in bank's case), p iyment might be made by the Intermediary or RDFI on the basis of the number even N it identifies a arson or bank, as the case may be, different from the named Receiver or bank, and that Company's oblig tion to pay the amount of the Entry to Bank is not excused in such circumstances. 17. NOTIFICATIONS OF CHANGE. Bank will make every reasonable attempt to notify Company of all notifications of change received by Bank relating to Entries originated by Company by mail no later than one business day after receipt thereof. 18. PAYMENT FOR SERVICES. Company shall pay Bank the charges for the services provided for herein in accordance with Bank's price schedule for such services, as it may a modified from time to time. 19. AMENDMENTS. From time to time Bank may amend any of the term i and conditions contained in this Agreement, including without limitation, any part of the Exhibits attachi id hereto. Such amendments shall become effective upon receipt of notice by Company or such later dati as may be stated in Bank's notice to Company. Any use of services provided hereunder after the data Corr piny receives notice of amendment shall constitute acceptance of the terms of said amendment. Compan may add or delete instructions and authorizations provided on Exhibits by submitting amended Exhibits pi operly signed by authorized Company representatives. Such amendments shall be effective after Bank has received and had a reasonable opportunity to act upon them. 20. NOTICES. Except as otherwise expressly provided herein, any written notice or other written communication required or permitted to be given under this Agreement shall be delivered, or sent by United States registered or certified mail, postage prepaid, addressed to the other party at the address indicated herein, or such other address as designated in writing by the receiving party. As to Bank, all notices and communications shall be addressed to the Bank's Account officer ass' ned to Company. 21. DATA RETENTION. Company shall retain data on file adequate topermit remaking of Entries for three business days after midnight of the Effective Entry Date, and shall provide such data to Bank upon its request. 22. TERMINATION. Either party may terminate this Agreement by thirty 30) days prior written notice. Bank may terminate this Agreement immediately upon written notice to Comp ny if Company fails to comply with its obligations hereunder. Termination of this Agreement shall in no wa affect the obligations of a party hereto which were incurred prior to the termination. 23. ENTIRE AGREEMENT, This Agreement (including the Exhibits attached hereto). together with the Account Agreement. is the complete and exclusive statement of the ag cement between Bank and Company with rasped to the subject matter hereof and supersedes any prior agreements between Bank and Company with respect to such subject matter. In the event of any Inconsistency between the terms of this Agreement and the Account Agreement, the terms of this Agreements all govern. 24. NON -ASSIGNMENT. Company may not assign this Agreement or an of the rights or duties hereunder to any third party without Bank's prior written consent. 25. BINDING AGRE M NT: BENEFIT. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives. successors and permitted assigns. This Agreement is not for the benefit of any third party, and no third party shall have any right against Bank or Company hereunder. 26. FORCE MAJEURE. Bank shall not be responsible for any loss. damage. liability or claim arising, directly or indirectly, from any error, delay or failure in performancebf any of its 4 ibligations hereunder which is caused by fire or other natural disaster, strike, civil unrest, any inopera ility of communications facilities or any other circumstances beyond the reasonable control of Bank. • • Page 5_ of 5 pages 27. HEADINGS. Headings are used for reference purposes only and Agreement. 28. SEVERABILITY. In the event performance of the services provi of this Agreement would result in a violation of any present or futuw policy to which Bank is subject, and which governs or affects the i then this Agreement shall be deemed amended to the extent nece or policy, and Bank shall incur no liability to Company as a result o 29. SURVIVAL. The terms, provisions, representations and warranti their sense and context are intended to survive the performance hi of performance and termination of this Agreement. 30. GOVERNING LAW. This Agreement is subject to the provisions so provided, this Agreement shall be governed by and interpreted i Florida, and by the Rules and choice of law state adopted by NACH IN WITNESS WHEREOF the parties hereto have caused this Agreemen officers. not be deemed a part of this 4 herein in accordance with the terms Rules, statute, regulation, or government nsactions contemplated by this Agreement, ary to comply with such statute, regulation uch violation or amendment. contained in this Agreement which by sunder shall so survive the completion all applicable Federal law. Except as accordance with the laws of the State of and FPS1. to be executed by their duly authorized Executed By City of Okeechobee Company Name By: Name: Title: Address: Received By Bank Name By: Name: Title: Address: Date: a Sun BanK ff EXHIBIT A to ACH AGREEMENT (ACCOUNT INFORMATION/AUTHORIZED REPRESENTATIVES/1 The following corporate data base information is required for ACH account and Agreement between Company and Bank. Company Name: C i tv of OkeechnhPP Company Address: 55 South East 3rd Avenue Phone Number: Account Number: keechobee, F1. 34974-2932 00930318. • PARTY PROCESSING) setup in accordance with the ACH The Authorized Representatives listed below are empowered to submit, and or make corrections to monetary ACH' ENTRIES IN ACCORDANCE WITH BANK INSTRUCTION. This list representative documentation.N THIS 1-1211 all previously submitted authorized be submitted by the Company whenever Authorized Representatives are add or deleted. Exhibit A must WI J.JIF—DELETED. A now lben s dust to request any Authorized Representative change. Letters are not acceptable. AUTHORIZED REPRESENTATIVE NAM(S) (List in calling priority order) Robert M. Delorme 763-3372 467-7418 (Work Phone n) (After Hours Phone X) Lydia J Williams 763-3372 763-4944 (Work Phone x) (After Hours Phone x) (Work Phone M) . (After Hours Phone a) If Company elects THIRD PARTY PROCESSING COMPLETE THE FOLLOWING: Company requests that Bank accept ACH credit and debit Entries from Company's third party vendor ("Vendor"). In accordance with the ACH Agreement. Company assumes all responsibility for Vendor's acts or omissions. This provision Is not binding on Bank until Bank notifies Company that Vendor Is acceptable to Bank. --Uwl Name V-g nwress Company Name: By: Authorized Signature: _ Title: Date: Must be signed by person authorized to execute the ACH Agreement. IP-512 - SUNB This Stop Payment Custom customer ("Customer") an of execution by Bank. 1. Accounts. Custom terms herein, stop payme ("item" or "items") draw 0893000930237 08 30009303Ir 0893001020463 2. Authorized Signers from any of the authorize I hereof, and from othe designated, from time t a stop payment request m as are required on the signers and authorized r receives said instructio to act thereon. 3. Stop Payment Roque (a) Effectiveness accordance with Bank's ! not be binding 1f the it stop payment request c describe with certainty request does not provide or if the request is not WITH CERTAINTY MAY CAU PROCESSING SYSTEMS AND P (b) Hours. Bank location(s) at which, Ba Customer of changes there Bank is open for normal (c) Processing S opportunity to process Customer. Bank will pro processing schedules, an 24 business hours after (d) Item Already reasonable time before t not be liable for any i e o d • • ANK STOP PAYMENT CUSTOMER AGREEMENT r Agreement ("Agreement") by and between d the undersigned bank ("Bank") is effec er authorizes Bank to accept, in accoi nt requests from authorized si ners of c n on the following accounts: Account Title Cityof Okeechobee- General Fund C't k - P ll Account City Okeechobee- Public c l e i Bank is authorized to accept stop p d signers on the Customer's accounts list r authorized representatives f Custom time, by Customer in writing to Bank. ust be signed by the same number of aut cks. Instructions from Custo er chant epresentatives shall not be binding on ns in writing and is afforded reasonal sts A stop payment request shall be submi nstructions then in effect. A stop paymen em has already been paid or cashed by I an be completely processed; i the rei the item on which payment is to be s the item number, payee and exact amoun in writing. FAILURE BY CUSTOMER TO DE! SE THE ITEM TO BE UNDETECTEDBY BAN AYNENT WILL NOT BE STOPPED. shall advise Customer of the ours dur nk will accept stop payment requests, ar to. Bank will accept stop payment reques banking business. top Payment Request. Bank shall be give a stop payment request afterreceipt sass the request in accordance ith its will effect Customer's bindin requests receipt of said request. Paid. The stop payment request must he item is received and acted u on by Ba tem paid before the request for stop l: the undersigned t 1 ve on the date rdance with the :hecks or drafts nprovement Fund ayment requests :ed in Paragraph er as shall be Revocation of horized signers ling authorized Bank until Bank ble opportunity tted to Bank in t request shall lank before the guest does not topped; i f the it of the item; iCRIBE THE ITEM (IS ELECTRONIC ing which, and id shall notify is only on days n a reasonable thereof from procedures and no later than be received a nk. Bank will iayment can be the undersigned t 1 ve on the date rdance with the :hecks or drafts nprovement Fund ayment requests :ed in Paragraph er as shall be Revocation of horized signers ling authorized Bank until Bank ble opportunity tted to Bank in t request shall lank before the guest does not topped; i f the it of the item; iCRIBE THE ITEM (IS ELECTRONIC ing which, and id shall notify is only on days n a reasonable thereof from procedures and no later than be received a nk. Bank will iayment can be completely processed. It is Customer's responsibilite to examine all monthly statements received prior to the request to determine w ether the item for which Customer wishes to submit a stop payment request has been paid. Bank will review account transactions since the last account statement, if Customer does not have access to said transactions information pursuant ta Paragraph 1 herein or otherwise, to determine if the item has been paid. _ (e) Confirmation= Duty to Report Discrepancy, If Customer receives a written confirmation that the stop payment request has been processed by Bank, Customer shall verify that the information on the con irmation is correct and notify Bank immediately should there be a discrepancy. Bank assumes no liability for Customer's failure to verify information on the co firmation. 4. Indemnification for Effecting a Stop Payment. Cus omer agrees to indemnify and hold Bank harmless for all costs, expenses, or damag s it may incur or suffer by refusing payment of any item for which a stop payme t request has been made by Customer. 5. Payment Over Stop Payment Request. If payment of an item is made contrary to a binding stop payment request, Bank may, in accordance with the Uniform Commercial Cods, refuse to reimburse Customer if Customer fails to establish the fact and the amount of loss resulting from payment. Bank 's liability to Customer for any other items drawn by Customer and dishonored by Bank and returned unpaid because there is not a sufficient balance in Customer s account due solely to Bank's payment of an item contrary to a binding stop pa ment request, is limited to the amount of the item. 6. Term of Stop Payment Request. A written stop payment request is effective for six (6) months unless the term is extended an additional six (6) months by renewal by Customer, or reduced by revocation from Customer. Renewal or revocation requests must be delivered to Bank in writinS prior to the expiration of the current effective term. 7. Customer's Use of Bank's "Electronic Window". following supplemental and superseding terms accept req accept revocations of stop payment requests; provide sta information; and provide other account information to Customer to access Bank's computer system ("Electronic computerized communications system, maintained and ( Customer assumes all responsibility for the security including Company and Operator ID's and passwords, confidentiality of all.matters related thereto. Use of is a security procedure to protect against unauthor computerized communications system and any breach of that be reported to Bank. Bank shall provide inquiry ca Information on Bank's computer through Customer's come system and such capability shall serve as notification t account transactions and account status for the period of Customer understands that the Electronic Window may be i time and Bank shall not be liable for any costs, expens may incur or suffer due to its unavailability; Customer using an alternate means to deliver any stop payment rep Electronic Window is unavailable. Bank may, under the jests for stop payments; p payment request status Customer by permitting Window") via Customer's ontrolled by Customer. of Customer's system, telephone numbers, and user ID's and passwords Ized use of Customer's security shall promptly pability via access to uterized communications Customer of Customer's time indicated by Bank. navailable from time to as, or damages Customer shall be responsible for uests to Bank while the 8. Confirmation Address. If Customer is to rece1% stop payment request, the confirmation will be sent t address, unless a different address is provided immedi NAME: ADDRESS: 9. Force Majeure. Bank shall due to communications failures beyond its reasonable control. e a confirmation of the 0 the account statement itely below: not be responsible for f ilure to render service or delays, strikes, flood, fire, and other causes 10. Amendment. No amendments or modifications to 1his Agreement shall be effective unless they are in writing, signed and delivered by a duly authorized representative of the party to be charged by such amen ment or modification. 11. No Waiver. No term or provision hereof shall be de mod waived or no breach excused, unless such waiver or consent shall be in wr ting and signed by the party claimed to have waived or consented. Any cons nt by the party to, or waiver of, a breach by the other whether expressed or implied, shall not constitute a consent to, wavier of, or excuse for ny other different or subsequent breach. 12. Notices. All notices under this Agreement shall be deemed duly given upon delivery, if delivery is by hand; or three days i fter delivery into the United States Mail if sent by registered mail, return receipt requested to a party at the address set forth below or to such other address as a party may designate by notice pursuant hereto. 13. Complete Agreement. This Agreement together with any Addenda and amendments or modifications thereto and the Rules and Regulations for Deposit Accounts constitute the entire agreement with respect to the subject herein. 14. Governing Lawi Invalidity. This Agreement shall bi governed and construed in accordance with the Uniform Commercial Code as ad pied in the State of Florida. If any provisions herein are found to be unenforceable, those provisions shall be deemed stricken and the remaining pr visions shall be given full force and effect. Customer: City of Okeechobee Customer Name By: (Authorized signer) Name Title Date Bank: Bank ame By: Name to i e D9248