1995-01-03CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
A. Call Meeting to order on January 3, 1995 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
PAGE 1 OF 8
Mayor Kirk called the meeting to order on January 3, 1995 at 7:00 p.m.
Reverend John Hart offered the invocation;
Mayor Kirk led the Pledge of Allegiance.
Clerk Thomas called the roll:
Present
Absent
Present
Absent
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 December 6, 1994. Summary of Council Action for the regular meeting of December 6, 1994; seconded by
Councilmember Watford.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
E. Motion to approve Warrant Registers for November, 1994:
General Fund....... $428,909.89
Public Utilities ..... $736,808.97
JANUARY 3, 1995 - REGULAR MEETING - PAGE 2 OF 8
Councilmember Watford moved to approve Warrant Registers for November, 1994 in
the amounts: General Fund four hundred twenty-eight thousand, nine hundred nine
dollars, eighty-nine cents ($428,909.89) and Public Utilities Fund seven hundred thirty-
six thousand, eight hundred eight dollars, ninety-seven cents ($736,808.97); seconded
by Councilmember O'Connor.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL I Mayor Kirk asked if there were any additions, deferrals or withdrawals of items from
OF ITEMS ON TODAY'S AGENDA today's agenda? Mayor Kirk added a partial pay request to Better Roads as New
Business item number thirteen.
F. NEW BUSINESS
1. Swearing in of newly elected officials by Judge Hendry. III Mayor Kirk requested Circuit Judge William Hendry come forward to swear in the newly
elected City officials.
Judge Hendry administrated the oath of office to new Councilmembers Noal A.
Chandler, Robert "Bob" Oliver, Dowling R. Watford, Jr. and City Clerk Bonnie S.
Thomas, after which he congratulated each one and presented them with a certificate
of election to their four year terms beginning January 3, 1995 and ending January 7,
1999.
2. Election of Mayor. III Mayor Kirk opened the floor for nominations of mayor.
Councilmember O'Connor made a motion to nominate Jim Kirk to continue as Mayor
for the next two years; seconded by Councilmember Watford.
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F. NEW BUSINESS
2. Election of Mayor continued:
JANUARY 3, 1995 - REGULAR MEETING - PAGE 3 OF 8
Councilmember Chandler moved that nominations cease; seconded by Councilmember
O'Connor.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
Vote on motion for Jim Kirk to continue next two years as mayor:
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
3. Appointment of a Councilmember to serve on the Central III Mayor Kirk appointed Councilmember O'Connor to serve on the Central Florida
Florida Regional Planning Council. Regional Planning Council.
4. Appointment of a Councilmember to serve as liaison Mayor Kirk appointed Councilmember Watford to continue to serve as the City's liaison
between the City and the Planning and Zoning Commission officer on the Planning and Zoning Commission.
(Presently Councilmember Watford serves as liaison). 11
5. Appointment of Councilmembers to serve on the Tourist Mayor Kirk appointed Councilmember Watford to continue to serve and Councilmember
Development Council (Two Councilmembers are required - Oliver to serve on the Tourist Development Council.
Councilmember Watford presently serves on the Council). III
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JANUARY 3, 1995 - REGULAR MEETING - PAGE 4 OF 8
F. NEW BUSINESS
6. Motion to appoint Randall Kline as a new Water Treatment Councilmember O'Connor moved to appoint Randall Cline as a new Water Treatment
Plant Operator - Director of Public Utilities. III Plant Operator, seconded by Councilmember Oliver.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
7. Hear from the Treasure coast Community AIDS Network - Donna Watson, Boardmember of the Treasure Coast Community AIDS Network
Stephanie E. Quigg (Exhibit 1). 11 presented a Needs Assessment Report to Mayor Kirk for the Council to look over and
consider contributing to the program in 1995/96 budget.
8. Motion to approve an arch itect/engineering contract in the Councilmember Watford moved to approve an architect/engineering contract with ROF
amount of $47,140.00 to ROF Engineers & Landscape Engineers and Landscaping Architects, Inc. for forty-seven thousand, one hundred forty
Architects, Inc. - City Administrator (Exhibit 2). dollars ($47,140.00); seconded by Councilmember Oliver.
Administrator Drago responded to various questions that this is for the downtown
redevelopment project. This firm is from Tampa. The firm will meet with property owners
to submit renderings; modifications will be made per request; final approval will be by
the City Council.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
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492
JANUARY 3, 1995 - REGULAR MEETING - PAGE 5 OF 8
F. NEW BUSINESS
9. Motion to adopt Resolution 95-1 - City Administrator (Exhibit Councilmember Watford moved to adopt (proposed) Resolution No. 95-1; seconded by
3) 111 Councilmember O'Connor.
(This resolution is to give the mayor authority to enter into the agreement with Sun Bank
National Association for the leasing of the Police Cars).
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD - Abstained from vote. Conflict of Interest Form on File in Clerk's Office.
MOTION CARRIED.
10. Motion to approve a gravity sewer installation contract to Councilmember O'Connor moved to approve a gravity sewer installation contract to G.E.
G.E. French Co. in the amount of $20,000.00 - Director of French in the amount of twenty thousand dollars ($20,000.00); seconded by
Public Utilities (Exhibit 4). 1 Councilmember Chandler.
The installation of this four hundred linear feet of 8-inch gravity sewer will allow Public
Utilities to abandon the lift station at Southwest 17th Street and 2nd Avenue (Porter's).
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
11. Discuss past and future Water System Improvements - Public Utilities Director Jones deferred to Engineer Bill Reese of Reese, Macon and
Director of Public Utilities (Exhibit 5). Associates who addressed the Council to update them on past and future water system
improvements.
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493
JANUARY 3, 1995 -REGULAR MEETING _ PAGE 6 OF 8
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F. NEW BUSINESS
11. Discuss past and future Water System Improvements
Engineer Reese explained the city is completing some substantial projects. The
continued:
distribution system is quite old, we are currently changing pressure and flow directions
and we now have enough pressure to flush lines, which is the reason for all the latest
breaks and stir ups in the distribution system. Pictures of distribution lines where passed
around to the Council so they could see how bad the condition of the lines are.
CenState is working on low pressure areas in the system and will be beginning Phase
5. Phase 6 is a transmission line only through Basswood and will not be used to pick
up new customers. The downtown area does not have adequate fire flow and needs to
be addressed.
The new ground water treatment plant is a 2 million gallon per day plant that is working
as a 1 million gallon per day plant. The water is hard, the plant is laid out to be a
"softening plant°. There have been problems, they are warranty problems and have
been worked out. He suggested the City hire a well driller on contract basis to continue
to find well sites for the City because eventually the City will need more than these
wells.
Engineer Reese is currently working on a report for the Surface Water Treatment Plant
and discussing what to do with the outdated plant. He explained the consent agreement
the City has with the Department of Environmental Protection (DEP). The South Florida
Water Management District water line extension project is behind schedule and the City
is working with the contractor to get this project done, the Council will probably see
more on this issue later.
Councilmember O'Connor asked how long it would take to get another well at the site
on line with the plant. Engineer Reese explained one is already on "stand by" and you
would only have to get a normal DEP permit and then connect it.
Councilmember Watford asked if Engineer Reese was going to continue to help the
Public Utilities Director in picking the important areas to address first in the distribution
system. Engineer Reese responded, yes.
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JANUARY 3, 1995 - REGULAR MEETING - PAGE 7 OF 8
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F. NEW BUSINESS
11. Discuss past and future Water System Improvements
Councilmember Watford asked if the Master Plan was updated or needed to be?
continued:
Engineer Reese responded it is updated as we go along and kept updated.
Councilmember Watford then asked the status of the demolition of the water tower.
Engineer Reese responded that a permit will not be required and in relation to the
question asked at the last meeting about stirring up the system, there will be some rust
and stir up. Councilmember Oliver asked how that could be since the Council was told
at the last meeting that the tower is valved off? Public Utilities Director Jones interjected
that when they start flushing the lines is when the stir up will occur.
Councilmember O'Connor asked about a problem area behind Joey's Pizza. Director
Jones responded that they are working on that problem and hope to have it taken care
of completely with the improvements that will be done in the Community Development
Block Grant for the downtown improvements.
Mayor Kirk thanked Engineer Reese and Director Jones for their update.
12. Consider appointments to the Utility authority Board - Mayor
Councilmember O'Connor asked to delay the appointments to the Utility authority Board
Kirk (Exhibit 6).
until January 17th meeting to allow the new Councilmembers time to consider someone.
Councilmember Oliver stated he would like to have some extra time and Council -
member Chandler stated he would like to go and talk to some people before he
nominates them.
Mayor Kirk instructed Administrator Drago to put this item on the January 17th Agenda.
ITEM ADDED TO THE AGENDA:
13. Motion to approve a partial pay request to Better Roads of
Councilmember Watford moved to approve partial pay request number five to Better
Lake Placid in the amount of $50,731.55 for the 94 Road
Roads in the amount of fifty thousand, seven hundred thirty-one dollars, fifty-five cents
Improvements - Director of Public Works (Exhibit 7).
($50,731.55) for the 94 Paving Improvements as recommended by Engineer Kafer of
Lawson, Noble and Associates, Inc.; seconded by Councilmember O'Connor.
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F. NEW BUSINESS
13. Pay request to Better Roads continued:
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 TO INSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS BAS
ATTEST:
Bonnie S.`tt omas, CMC
City Clerk
E. Kirk
Mayor
JANUARY 3, 1995 - REGULAR MEETING - PAGE 8 OF 8
Public Works Director Elders explained that this is a final pay request except for the ten
percent retainage. They are working on the punch list, after it is completed the retainage
will be paid.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:56
p.m.
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FORM 811 MENfORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME —MIDDLE NAME NAME OF WARM COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE
Watford, Dowling R. Junior City Council
MAILING ADDRESS THE BOARIA COUNCIL, CCMMISSION. AUTHORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
701 N.E. 5th Street X CI'rY ::COUNTY OTHER LOCAL AGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
Okeechobee Okeechobee
DATE ON WHICH VOI'E OCCURRED
January3 1995 MY POSITION IS: X.
f �_3 LEC'fIVE J APPOINTIVE
WHO MUST FILE FORM 8111
This form is for use by any person serving at the county, city, or other local level of goverru lent on an appointed or elected board,
council, commission, authority, or committee. it applies equally to members of advisory and non -advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requiremen s of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close att ntion to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN om veaoting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on msure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the n
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABST
inures to his special private gain. Each local officer also is prohibited from knowingly vot
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which
disclose the nature of the conflict before making any attempt to influence the decision by or.
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PR
THE VOTE WILL BE TAKEN:
of your interest in the measure on
the person responsible for recording
N from voting on a measure which
g on a measure which inures to the
has a conflict of interest, but must
or written communication, whether
TO THE MEETING AT WHICH
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in Which you have a conflict of interest.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION
AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person
responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Dowling R. Watford, Jr. , hereby disclose that on January
3 19 95
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or
x inured to the special gain of Okeechobee Ford Motor Company
, by whom 1 am retained.
(b) The measure before my agency and the nature of my interest in the measure is as f
DIIOWS:
January 4, 1995 L le'7
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE
TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE
OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,
DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
PAGE 2
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December 23, 1994
City Of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
Attn: John Drago
Dear Mr. Drago,
We would like to be placed on the agenda for the
a copy of an indepth Needs Assessment for all fo
Assessment was required under the Ryan White Cc'
Please call to confirm date and time of presentati
assistance in this matter.
Sincerely,
Stephanie E. Quigg
Administrative Services Director
E - 1'1
.
ext meeting to present
counties. This Needs
Act, Federal Funding.
. Thank you for your
0,
UnlCed Way
P.O. Box 1766 - Fort Pierce, Florida 349 4-1766
TELEPHONE (407) 467-3196 - SUNCOM 240-3196 - FAX (407) 67-3194 - SUNCOM 240-3194
ARCHITECTURAL & ENGINEERING
THIS AGREEMENT, made and entered into this _. day of _
City of Okeechobee, hereinafter called CO, and ROF Engineers &
hereinafter called Architect/Engineer;
WITNESSED that the parties hereto, in consideration of
promises herein contained and fully intending to be legally bound here
ARTICLE I. That the Architect/Engineer will provide, upon req
and engineering services by registered Florida Professionals for all
supervisory work as directed by CO. This contract shall be to
E-2
1995, between the
Architects, Inc.,
mutual covenants and
, agree as follows:
professional architectural
tectural, engineering, and
de final architectural and
engineering designs in conformance with normally acceptable standards and minimum
requirements, including field building facade surveys, plans, and elevations, periodic supervision
of construction of the work and certification.
ARTICLE II. Total cost of the architectural and engineering servict s for the project shall be a
Jump sum of Fortx Seven Thousand One Hundred Forty Dollars ($ 7 14.0.00). Plans are to be
completed within 150 calen ar days except any time delays caused b5 governmental agencies for
permitting process. The work shall include costs and payment of all materials, labor, tools,
equipment, subcontractors, superintendents, transportation and othe facilities necessary for the
execution and completion of this engineering project.
ARTICLE III. The Architect/Engineer agrees: As to basic
follows:
(A) Review with CO alternative approaches to design
presented in the accepted preliminary design docum4
services as
construction of project as
CONTI:COO94.SAM PAGE 1 OF 9
(B) Undertake and pursue all work diligently and in a professional
manner, to the best
of its ability and to complete the same within the time
set forth in this contract.
Current responsibilities shall include:
(1) Completion of all architecture necessary for final
design for the placement
of new facades along the front, rear and exposed
sides of the buildings on
the south side of Southeast and S uthwest Parmade
between Southwest
7th Avenue and Southeast 3rd Avenue as
City's 1994 CDBG
Application, as shown in Exhibit "A" herein ana
part of the contract
and which shall conform with the City's requested
specifications.
This project will be in full compliance and conformance
with the minimum
requirements set forth by the building code of City
of Okeechobee, Florida.
(2) Preparation by Architect/Engineer and submittgl
to CO all necessary design
documents including, but not limited to drawings,
specifications, maps and
other documents appropriate for this project
Completion of plans and
specifications for all work to be done; assist
in putting the work out for
bids; make recommendations to CO regarding
bids submitted; and provide
any necessary aid in negotiating of finalizing
a construction contract for
work to be done.
(3) Submit to CO a Statement of Probable Projects
costs at the time of design
documents are completed.
(4) Provide assistance to CO in filing for arry
and all approval of any
Governmental authority alleging any jurisdicol'on
over the project or any
portion thereof as the Architect/Engineer
and CO determines to be
reasonable.
(5) The duties and responsibilities of the Architect/Engineer
are amended or
supplemented as indicated in Exhibit "B", "Scope
of Work for City of
Okeechobee Phase III CRA Facade Renovatic
n Improvements".
(6) Observation of the construction phase of the
work. The construction phase
of this contract will commence on the date
the Construction Contract is
awarded for actual construction of the improvements
and will terminate
CONTLCOO94.SAM PAGE 2 OF 9
thirty (30) days after the Architect/Engineer
has certified that all
construction work under the Construction Contract
has been satisfactorily
completed. The observation of the work by the
Architect/Engineer shall
include, but not be limited to the following:
(a) Making on -site inspection at appropriate
intervals to determine that
work is being done as agreed under the
onstruction Contract and
to be knowledgeable in the progress and
quality of the construction
work. Continuous on -site inspections
are not required.
Architect/Engineer shall report promptly
to CO any defects or
deficiencies in construction work or materials
or noncompliance
with the Construction Contract and shall
keep CO informed on a
regular basis of both the progress and quality
of work and shall take
steps necessary and reasonable to assure
that all construction work
is completed properly and timely.
(b) Architect/Engineer and Architect/En '
eer's sub -consultants shall
not have control or charge of, and sitall
not be responsible for
construction means, methods, techniques,
or procedures, or for
omissions of the Construction Contra
or, subcontractor or any
other persons performing any of the construction
work or for the
failure of any of them to carry out the
ork in accordance with the
Construction Contract Documents.
(c) The Architect/Engineer shall determine
the amounts owing to the
Construction Contractor based on inspections
at the site and on
evaluations of the Construction Co
tractor's Applications for
Payment, and shall issue Certificates for
Payment in such amounts
only after Contractor has furnished Contractor's
Affidavit that all
labor material and supplies have been
fully paid for or set forth
amounts still due and to whom.
(d) The issuance of a Certificate for
ayment shall constitute a
representation by the Architect/En '
eer to CO based on the
CONT1:COO94.SAM PAGE 3 OF 9
■
Architect/Engineer's inspections at the
site as provided in
Subparagraph III (B) (6) (a) and on
he date composing the
Construction Contractor's Application for
Payment, that, to the best
of the Architect/Engineer's knowledge, information
and belief, the
work has progressed to the point indicated,
the quality of the work
is in accordance with the Construction
Contract Documents,
subject to an evaluation of the wort:
conformance with the
Construction Contract Documents upon
substantial completion, to
the results of any subsequent tests requir
d by or performed under
the Construction Contract Documents, to
minor deviations from the
Contract Documents correctable prior to
the completion, and to
any specifications stated in the Certificate
for Payment, and that the
Construction Contractor is entitled to
payment in the amount
certified.
The Contractor and each of its subcontractors
and/or suppliers of
materials, if any, shall sign a waiver o
lien properly completed,
prior to payment of any funds assuring CO
that both materials and
labor have been paid for and that no liens
will be filed against CO.
(e) The Architect/Engineer shall have authority
to reject work which
does not conform to the Construction
Documents and will have
authority to require special inspection
or testing of the work
whenever in the Architect/Engineer's
reasonable opinion it is
necessary or advisable for the implementation
of the intent of the
Construction Contract Documents. The
Architect/Engineer shall
prepare Change Orders for CO's approval
and execution, and shall
have authority to order minor changes in
the work not involving an
adjustment in the Construction Contract
Sum or an extension of the
Construction Contract Time.
CONT1:COO94.SAM I PAGE 4 OF 9
.. •
(f) The Architect/Engineer shall conduct in pections to determine the
Dates of Substantial Completion and F nal Completion and shall
issue a Final Certificate for Payment.
(g) The Architect/Engineer shall conduct an on site interview as
required to meet DCA and HUD requirements for federal Hour and
Wage Compliance.
(C) Obtain necessary permits. No facet of work will be performed for which permits
have not been or cannot be obtained. In the event of such problems, prices of
work to be done hereunder shall be adjusted accordingly.
(D) Perform and do all acts necessary and reasonable in the sole discretion of the
Architect/Engineer to protect CO from any mid easance, malfeasance or
nonfeasance on the part of any Contractor, subcontractor so long as the
Architect/Engineer is not a party to the litigation or determined to be at fault, and
at an hourly rate of $ 125.00 per hour only if performed on behalf of CO.
(E) Begin work within ten days of signing of this Architectural and Engineering
Contract and complete the work on the Plans and Specifications within 150
calendar days except as provided for herein.
(F) Save CO harmless from damages caused by the Architect/Engineer.
(G) The Architect/Engineer shall pay all Federal, State and Local taxes, including state
sales and use taxes and all payroll taxes and all duties and costs whatsoever
payable for any labor, material or equipment to be supplied by the
Architect/Engineer.
(H) Satisfy immediately any lien or encumbrance which, is caused to be filed due to a
breach of contract on the part of the Architect/Engineer, and shall save CO
harmless from damages incurred as a direct result of such breach. If such liens or
encumbrances are not immediately satisfied, CO may withhold out of any sums
which may be owed to the Architect/Engineer an amount sufficient to satisfy any
such existing liens and encumbrances. The amount withheld shall not be in excess
of the total amount of said liens, encumbrances and a erases, including reasonable
attorney's fees.
CONT1:COO94.SAM PAGE 5 OF 9
(I) The Architect/Engineer shall indemnify CO for damag s, suffered by CO due to
the negligence of the Architect/Engineer, or any subcontractor or materialmen,
engaged in the performance of any work for the ArchiteevEngineer on the project.
In order to protect CO and the Architect/Engineer from above risks, the
Architect/Engineer shall maintain, at all times during which it is engaged in the
performance of work hereunder, public liability, including bodily injury and
property damage, and automobile liability insurance.
(n The Architect/Engineer shall maintain Worker's Compensation Insurance at
statutory limits, including a minimum of $100,000 of Employer's Liability
Insurance for all its employees and shall require all its subcontractors to maintain
Worker's Compensation Insurance at statutory limits. CO shall be notified by the
Architect/Engineer's insurance company a minimum of fifteen (15) days prior to
cancellation of any said policy. The Architect/Enginee shall provide evidence of
said insurance in showing CO as loss payee.
ARTICLE IV. CO agrees to:
(A) Provide mutually agreed upon, necessary and available information including
working with the Architect/Engineer, to develop a program setting forth CO's
design objectives, constraints and criteria.
(B) If CO observes or otherwise becomes aware of any default or defect in the project
or nonconformance with the Contract Documents, prompt written notice thereof
shall be given by CO to the Architect/Engineer.
(C) Furnish agreed upon information and shall render approvals and decisions as
expeditiously as possible for the orderly progress of the Architect/Engineer's
services and of the work.
(D) Notify the Architect/Engineer in writing at least seven (7) days prior to
permanently abandoning this project. In the event that the Architect/Engineer is
not at fault herein, Architect/Engineer shall be compensated for all work
performed prior to the notice.
(E) Execute all permit applications and pay filing and revie4 fees.
CONTLCOO94.SAM I PAGE 6 OF 9
(F) Compensate the Architect/Engineer for services proirided in the amounts of
$37,712.00 for architectural and engineering and $9.428.00 for architectural and
engineering inspections; totaling $47 140.00.
ARTICLE V. This agreement shall be governed by the laws of the Stat of Florida.
ARTICLE VI. This general agreement and any contract papers, issued hereunder constitute the
complete agreement between the parties as to any work performed hereunder; no prior
agreements or understandings are binding on the parties as to such work. No other agreement
relating to such work shall bind either party unless in writing, signed by both parties.
ARTICLE VI1. The Architect/Engineer shall perform the work h rein above set out as an
independent contractor free of controls or supervision by CO as to the means and methods of
performing the same and all persons engaged in the performance f such shall be solely the
servants or employees of the Architect/Engineer (or its subcontractors as the case may be).
ARTICLE VIII. Either party failing to comply with the terms o this Contract will pay all
expenses, including a reasonable attorney's fee, incurred by the other because of that failure.
ARTICLE IX. The Architect/Engineer agrees to comply with Title Irl of the Civil Rights Act of
1964, the Davis -Bacon Act, the Copeland Anti -Kickback Act, the Contract Work Hours Standard
Act, the Health and Safety Standards Act, Section 109 of the Housing and Community
Development Act of 1974, Section 3 Compliance in the Provision o Training, Employment and
Business Opportunities, and Architect/Engineer further agrees not to maintain or provide for its
employees any facilities that are segregated on a basis of race, color, creed, national origin,
handicap, religion, ancestry, sex or age.
ARTICLE X. The Architect/Engineer agrees to maintain accoitnts and records, including
personnel, property, and financial records, adequate to identify and account for all costs pertaining
to the Contract and such other records for a minimum of three (3) years to assure proper
accounting for all funds. These records will be available for audit p rposes to the locality or the
CONT1:COO94.SAM PAGE 7 OF 9
r�
u
State or any other authorized representative, and will be retained fort (3) years after Contract
completion unless permission to destroy them is granted by the localitY. Moreover, the locality,
State, or any authorized representative shall have access to any boo , documents, papers, and
records of the Contractor which are directly pertinent to this Contract for the purpose of making
audit, examination, excerpts, and transcriptions.
ARTICLE M. No officer or employee of the local jurisdiction or i s designees or agents, no
member of the governing body, and no other public official of the ocality who exercises any
function or responsibility with respect to this Contract, during his/her tenure or for one (1) year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds shall cause to be incorporated in all subcontracts the language set forth in this paragraph
prohibiting conflict of interest.
ARTICLE XII. The Architect/Engineer agrees to comply with Ex five Order 11246, which
prohibits discrimination in employment regarding race, color, creed national origin, handicap,
religion, ancestry, sex or age, of an except of such Executive Ordei being attached hereto and
made a part hereto by reference. The Architect/Engineer fin Cher agr s to comply with the filing
of any and all information and reports required by the Executive Order and by the rules,
regulations, and orders of the Secretary of Labor.
ARTICLE XIII. The Architect/Engmeer agrees that the Owner or appropriate State or Federal
Agency shall have the right to examine all their records and documents pertaining directly to this
Contract.
ARTICLE XIV. This Agreement may be terminated in whole or in part upon good cause and by
written notice to the party that termination is contemplated. This written termination notice shall
be delivered not less than fourteen (14) normal working days upon the other party and shall be
delivered by certified mail and shall state:
(1) That there is an intent to terminate the Agreement.
CONT1:CO094.SAM PAGE 8 OF 9
C�
(2) That the effective date of the termination is at least fi
days from the date of notification.
(3) That the reason for the termination shall be stated in
other party and this reason shall fall within the catego,
Refusal to allow public access to records constitutes a Breach of CON
This Agreement may be terminated for conditions that are beyond the
(14) normal working
riting and served upon the
of reasonable good cause.
of either party.
ARTICLE XV. Source of Funding: The sole source of payment for this Contract is the funding
received through the C.D.B.G. program and/or portion of any other funding from grants
leveraged from it.
IN WITNESS WI1MOF the parties hereto have caused
duly executed as of the date first set forth above.
BY:
Robert C.
ROF Eng
WITNESS my hand and seal this day of • 1
James E. Kirk, Mayor
City of Okeechobee
John J. Drago, Administrator
City of Okeechobee
CONT 1:COO94. SAM
general Agreement to be
gan, vice President
& Landscape Architects, Inc.
PAGE 9OF9
RESOLUTION 05.1 -
RESOLUTION TO LEASE EQUIPMENT
—- -i
Name of City: City of Okeechobee
Address: 55 S.E. Third Avenue, Okeechobee, FL 34974
Chartered Under the law of the State of Florida
I, the undersigned, hereby certify that I am the Clerk of the above ed City (hereinafter
called "this City"); that the following is a true copy of resolutions d y adopted by the City
Council of this City at a meeting duly held on the 3rd day of J 190. at which a
quorum was present and acting throughput; and that such reso udons have not been
rescinded or modified and are now of full force and effect:
RESOLVED, that this City enter into an Equipment Lease wi Sun Bank National
Association (hereinafter called "lessor") and that this City lease uipment from Lessor
pursuant to the terms of such Equipment Lease; and that James . Kirk be and hereby
Is authorized and directed in the name and on behalf of thi City to execute an
Equipment Lease with Lessor in substantially the forms present to this meeting with
such changes therein and additions thereto as shall be approv by the officer who
executes the same, with such execution to be conclusive avid a that each such
document so executed has been authorized and approved by thi vote.
FURTHER RESOLVED, that the Equipment Lease be designatedtQualified Tax -Exempt
Obligations" within the meaning of S 265 (b) of the Internal Reve ue Code of 1986.
FURTHER RESOLVED, that the Mayor of this City be and each of them hereby is
authorized to execute and deliver such other instruments and take such other actions as
he shall deem necessary and desirable for the purpose of carrying out the foregoing
votes.
FURTHER RESOLVED, that the foregoing resolutions shall remain in full force and effect
until written notice of their amendment or rescission shall have been received by Lessor
and that receipt of such notice shall not affect any action taken by Lessor prior thereto;
and
FURTHER RESOLVED, that the Clerk of this City be and (s)he h by is authorized and
directed to certify to said Lessor the foregoing resolutions and that he provisions thereof
are in conformity with the charter of this City.
I further certify that there is no provision in the charter of this City limiting the power of
the City Council to pass the foregoing resolutions and that the a are in conformity
with the provisions of said charter. 7
I further certify that the following are the names and official
authorized to act by the foregoing resolutions.
IN WITNESS WHEREOF, I have hereunto subscribed my name
this City, this 3rd day of January, 1995.
James
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
of those persons
affixed the seal of
n
U
CITY OF OKEECHOBEE
TO: Jolty Drago
FROM: Wayne Jones
MEMORANDUM
DATE:
December �9, 1994
SUBJECT: Gravity
Porter's
Please place the following item on the January 3, 1994 City
er Installation
Station
agenda.
E-4
Installation of approximately 400 LF of 8-inch gravity sewer on SW 17th Street
between SW 3rd Avenue and SW 2nd Avenue. Work win be performed under the
Annual Unit Price Contract with G. E. French Construction Co. The estimated cost
for this work is $20,000.
Installation of this line will allow us to abandon the lift station located at the
southeast corner of the intersection of SW 17th Street and SW 2nd Avenue. In
addition, we can relocate the existing telemetry system to new lift station being
constructed on NE 6th Avenue.
•
E.
MEMORANDU
TO: John Drago
THRU:
FROM: Wayne Jones Wd
DATE: Deoembe� 14, 1994
SUBJECT: Water System
Bill Reese and myself request to be placed on the next City Council Agenda to
discuss past and future Water System Improvements.
Please stop by the office if wish to discuss
E-6
P. O. BOX 2757
FORT PIERCE, FLORIOA 7.954-27:7
DEAN, MEAD & MINTON
ATTORNEYS AND COUNSELORS AT LAW
1907 SOUTH 2:TH STREET
SUITE 200
FORT PIERCE, FLORIOA 349A7
November 21, 1994
Mr. John Drago
City Administrator
City of Okeechobee
55 SE Third Avenue
Okeechobee, Florida 34974
Re: Okeechobee Utility Authority/
Qualifications
Dear Mr. Drago:
The Board of County Commissioners of 0
has requested assistance from our office concern
qualifications for members of the newly -created
Utility Authority. Michael Minton suggested tha
you a similar response for use by the City of Ok
selection process.
(407) 464 - 7700
(407) 562.7700
FAX (407) 464• 7877
Member
echobee County
g a list of
eechobee
I forward to
chobee in its
The only actual requirement for an individual to be
selected by the City of Okeechobee is that all members, and
alternates, selected by the City must reside within the City.
Further, all of the Board members must reside in the
Service Area and the Okeechobee Utility Authoritly. None of the
members or alternates selected by the City may be an elected
official or employee of the City.
All Board members will need to be available for public
meetings, probably at night, on at least a monthl basis. Since
the Board members will not be receiving any sala , other than a
small per diem and mileage, the amount of which i set by state
statute for certain public employees, all Board m mbers will need
to be willing to volunteer sufficient time to prepare and attend
all meetings of the Okeechobee Utility Authority. In addition,
all Board members will be required to comply with state practiced
disclosure laws.
From the nature of the role to be playe by all Board
members, individuals selected will need to be decisive; capable
working knowledge of business or public administr tion; and
dealing with the public on controversial issue ; possess a
sufficient knowledge and experience within the Ok echobee County
community, its needs, issues and resources.
� D E A N
D CAN, M[AO, EO[RTON, BLOOOWORTH, �N e�lwp COUMn
CAPOUANO 6 SOZAPTN, P. A. O AN, MCAO, SPICLVOOCL, OOLOMAN L 90T0
7, (.,..,_.s„ M E A D 1.." •iii, •ao»979-GWW-00"7y•9373
•
Mr. John Drago
November 21, 1994
Page 2
Selection to the Okeechobee Utility At
will involve a commitment for a given term. In
however, that the selected Board member needs tc
provisions have been made for replacement of men
during their term.
Finally, the composition of the Board
individuals with a variety of occupations and ed
background. It.would benefit the Authority to h
who are, or have been, actively engaged in the a
engineering, finances, construction, business ad
real estate development. Of course, if any indi
available who have direct experience in the util
their knowledge would be valuable in the process
bringing this Okeechobee Utility Authority on li
If you need further advice, or would
technical and educations standards, I can provi
examples from other currently operating utility
Very
Kenneth C- Crooks
KCC/lps
cc: Michael D. Minton, Esq.
Gerry Hartman
ltrs.rnk\dragoJtr
thority Board
the event,
leave the Board,
bers who resign
should include
ucational
ave Board members
reas of
ministration and
viduals are
ity business,
of successfully
refer specific
you with
authority boards.
•
E.A;
TO:
THRU:
THRU:
FROM:
CITY OF OKEECHOBEE
I
MEMORANDUM
Mayor & City Council DATE:
SUBJECT:
Chuck Eiders, Director of Public Works -�
/ 3, 1994
Pay Request for
Roads
I am requesting the final payment to Better Roac s on the 1993/94 paving
contract in the amount of $50,731.55 which includes all chargi 3s except for a 10%
retainage.
LN N9
Law on, Noble & Associates, Inc.
December 22, 1994
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, Florida 34974
Attn: Mr. Chuck Elders, Director of Public Works
Re: CITY OF OKEECHOBEE DRAW REQUEST NO.5,
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.5 dated November 30, 1994, Invoice
.#7755 from Better Roads of Lake Placid for accuracy, and have approved such with
no adjustment.
If further explanation is needed or if I can be of further assistance, please call.
Christo
Project
CJK:zrp
cc: Dennis Horton - LNA
Enclosures: Invoices
Rovw%E.DER81.222
Engineers
Planners 420 Columbia Drive • West Palm Beach. FL 33409 • PH. (40 ) 684-6686 • FAX (407) 684-1812
Surveyors 590 N.W. Peacock Blvd., Suite 10 9 Port St. Lucie, FL 34986 • PH. (407) 878-1700 • FAX (407) 878-1802
r
APPLICATION FOR PAYMENT
BILL TO: NAME
STREET
CITY
BETTER ROADS OF LAKE PL
P.O. BOX 1908
LAKE PLACID, FLA. 3386
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
APPLICATION FOR PAYMENT
***********************
PAY REQUEST # Five (5)
DATE : 11-30-94
INVOICE # 7755
ACCOUNT # 377
189,561.26
0.00
189,561.26
133,192.88
56,368.38
189,561.26
18,956.12
170,605.14
119,873.59
50,731.55
119,873.59
50,731.55
CONTRACTOR'S CERTIFICATION:
THE UNDERSIGNED CONTRACTOR CERTIFIES THAT (1) ALL PREVIOUS PROGRESS PAYMENTS
RECEIVED FROM OWNER ON ACCOUNT OF WORK DONE UNDER THE CONTRACT REFERRED TO
ABOVE HAVE BEEN APPLIED TO DISCHARGE IN FULL ALL OBLI ATIONS OF CONTRACTOR
INCURRED IN CONNECTION WITH WORK COVERED BY PREVIOUS PLICATION FOR PAYMENT
UNDER THIS CONTRACT AND, (2) TITLE TO ALL MATERIALS AND EQUIPMENT
INCORPORATED IN SAID WORK OR OTHERWISE LISTED IN OR COVERED BY THIS
APPLICATION FOR PAYMENT WILL PASS TO OWNER AT TIME OF PAYMENT FREE AND CLEAR
OF ALL LIENS, CLAIMS, SECURITY INTEREST AND ENCUMBRANCES (EXCEPT SUCH AS
COVERED BY BOND ACCEPTABLE TO OWNER). 12:54 PM 16-Dec-94
DATED 1)Cr-(_MACA I L 19` 4 BETTER ROADS OF I
BY: