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2017-07-18CITY OF OKEECHOBEE JULY 189 2017, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION AGENDA CALL TO ORDER - Mayor July 18, 2017, City Council Regular Meeting, 6:00 P.M. OPENING CEREMONIES: Invocation to be given by Reverend Jim Dawson, Associate Pastor of the First United Methodist Church; Pledge of Allegiance led by Mayor Watford. 111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Noel A. Chandler Council Member Monica M. Clark Council Member Mike O'Connor Council Member Gary Ritter City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen Finance Director India Riedel IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. V. PROCLAMATIONS AND PRESENTATIONS - Mayor A. Swearing in of Firefighter/EMT David Cortez. PAGE 1 OF 13 COUNCIL ACTION - DISCUSSION - VOTE Mayor Watford called the July 18, 2017, Regular City Council Meeting to order at 6:00 P.M. In the absence of Reverend Jim Dawson, the invocation was offered by Mayor Watford; the Pledge of Allegiance was led by Mayor Watford. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Present Mayor Watford asked whether there were any additions, deferrals, or withdrawals on today's agenda. Item V, A. Swearing in of Firefighter/EMT David Cortez was withdrawn; New Business Items K and L were added. Mayor Watford opened the floor for public comment on matters not on the agenda; there were none. The swearing in of Firefighter/EMT Cortez was withdrawn to provide time for his mother to return from vacation and be in attendance. 167 • JULY 18.2017 - REGULAR MEETING - PAGE 2 OF 13 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the June 20, 2017, regular meeting. VII. WARRANT REGISTER - City Administrator A. Motion to approve the June 2017, Warrant Register: General Fund..........................................................................$337,571.05 Public Facilities Improvement Fund ........................................$ 11,388.41 Law Enforcement Special Fund ..............................................$ 125.00 Other Grants Fund (Community Development Block Grant -Economic) ....$ 100.00 VIII. OPEN PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1155 by title only, regarding Rezoning Petition No. 17-002-R, submitted by 110 Marion Road, Inc., located at Southwest 6th Street and Southwest 7th Avenue, from Light Commercial to Residential -Multiple Family to be used as residential rental property - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1155 by title only At the beginning of the meeting a revised page 9 was distributed which reworded the summary of discussion paragraphs for proposed Resolutions No. 2017-07 and No. 2017-08 for better clarification. Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the regular meeting of June 20, 2017, as revised; seconded by Council Member Ritter. There was no discussion on this item. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YFA, RITTER — YEA MOTION CARRIED. Council Member Ritter moved to approve the June, 2017 Warrant Register in the amounts: General Fund, three hundred thirty-seven thousand, five hundred seventy-one dollars and five cents ($337,571.05); Public Facilities Improvement Fund, eleven thousand, three hundred eighty-eight dollars and forty-one cents ($11,388.41); Law Enforcement Special Fund, one hundred twenty-five dollars and zero cents ($125.00); and Other Grants Fund (Community Development Block Grant -Economic Account), one hundred dollars and zero cents ($100.00); seconded by Council Member Clark. There was no discussion on this item. WATFORD — YEA O'CONNOR — YEA VOTE: CHANDLER — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:07 P.M. Council Member Chandler moved to read proposed Ordinance No. 1155 by title only, regarding Rezoning Petition No. 17-002-R, submitted by 110 Marion Road, Inc., [to rezone an unplatted 0.44 acres] located at Southwest 6th Street and 7th Avenue, from Light Commercial to Residential -Multiple Family (RMF) to be used as residential rental property; seconded by Council Member Clark. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1155 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAR OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM LIGHT COMMERCIAL TO RESIDENTIAL MULTIPLE -FAMILY ZONING DISTRICT (PETITION NO. 17-002-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." AGENDA JULY 18, 2017 - REGULAR MEETING - PAGE 3 OF 13 COUNCIL ACTION - DISCUSSION - VOTE 169 VIII. PUBLIC HEARING CONTINUED A.2.a) Motion to adopt proposed Ordinance No. 1155. b) Public comments and discussion. c) Vote on motion. Motion and second by Council Members Clark and Ritter to adopt proposed Ordinance No. 1155. Mayor Watford yielded the floor to City Planning Consultant, Mr. Bill Brisson, Senior Planner of LaRue Planning and Management Services, who explained the Planning Board reviewed Petition No. 17-002-R on May 18, 2017, and found it to be consistent with the Comprehensive Plan based on the findings within the Planning Staff Report and unanimously recommended approval. Planning Staff's findings are as follows: The proposed rezoning is consistent with the Comprehensive Plan, as the proposed use is for multi -family rental property, which is a permitted use in the RMF Zoning District. This rezoning, with the previously adopted Future Land Use (FLU) Map Amendment Application No. 17-002-SSA, will ensure compatibility and should have a positive effect on the surrounding area as well as the public interest in general. The properties to the North of the subject property are vacant, with a Single Family (SF) and Multi -Family (MF) FLU classification and RMF zoning. To the East are residential homes with SF FLU classification and RMF zoning. To the Southeast is the Okeechobee Central Elementary school with a Public Use FLU classification and zoning. To the South across Southwest 6th Street is A Child's World Day Care Center with Commercial FLU classification and RMF zoning; West of the childcare center is the Catholic Church with a SF FLU classification and zoned Residential Single Family -One and Holding. To the West is vacant property with a MF and SF FLU and RMF and Holding zoning. It is not expected to adversely affect property values or living conditions on adjacent or nearby properties. The subject property will not require buffering from the surrounding areas. The proposed use will not create a density pattern that would overburden public facilities, create traffic congestion, or create an inappropriate density pattern in the area. Should new construction be involved, the owner will be required to provide drainage for any increase in potential storm water runoff. The proposed use has not been inordinately burdened by any unnecessary restrictions. Mayor Watford asked whether there were any questions or comments from the public. There were none. The Council briefly discussed the safe guards in place to ensure this property does not become migrant housing. i he owner/applicant was present but did not offer additional information. City Clerk Gamiotea reported nine notices were mailed to surrounding property owners, signs were posted on the property, as well as advertisements published in the local newspaper. No objections or comments have been received to date. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. 170 DULY 18, 2017 - REGULAR MEETING - PAGE 4 OF 13 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II VIII. PUBLIC HEARING CONTINUED B.1.a) Motion to read proposed Ordinance No. 1156 by title only, amending a scrivener's error in the legal description within Ordinance No. 1152, Abandonment of Right -of -Way Petition No. 17-001-SC - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1156 by title only 2.a) Motion to adopt proposed Ordinance No. 1156. b) Public comments and discussion. c) Vote on motion. C.1.a) Motion to adopt proposed Resolution No. 2017-03, providing for the Coliection and Disposal Services of Residential Solid Waste customers and establishing a Preliminary Rate Assessment for services - City Attorney (Exhibit 3). b) Public comments and discussion. Council Member Ritter moved to read proposed Ordinance No. 1156 by title only, amending a scrivener's error in the legal description within Ordinance No. 1152, Abandonment of Right -of -Way Petition No. 17-001-SC; seconded by Council Member Clark. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1156 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CORRECTING A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF ADOPTED ORDINANCE NO. 1152 CLOSING, VACATING AND ABANDONING THE RIGHT-OF-WAY DESCRIBED HEREIN, AND BEING A PORTION OF NORTHWEST 10TH AVENUE; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members O'Connor and Ritter to adopt proposed Ordinance No. 1156. Mayor Watford asked whether there were any questions or comments from the public. There were none. WATFORD — YEA O'CONNOR — YEA VOTE: CHANDLER — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. Council Member O'Connor moved to adopt proposed Resolution No. 2017-03, providing for the Collection and Disposal Services of Residential Solid Waste customers and establishing a Preiiminary Kate Assessment for services; seconded by Council Member Clark. Attorney Cook read proposed Resolution No. 2017-03 by title only as follows: "A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." DULY 18.2017 - REGULAR MEETING - PAGE 5 OF 13 171 AGENDA VIII. PUBLIC HEARING CONTINUED C.1.b) Public comments and discussion to adopt proposed Resolution No 2017-03 continued. c) Vote on motion. �..af iviotioi to adopt proposed s esoiMon N Residential Solid Waste and Collection (FY) 2017-18 - City Attorney (Exhibit 4). b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor . 2017-04, providing for the Assessment for Fiscal Year IX. NEW BUSINESS A. Motion to adopt proposed Resolution No. 2017-05, providing for the Commercial Solid Waste Collection and Disposal Services and Rates for FY 2017-18 - City Attorney (Exhibit 5). COUNCIL ACTION - DISCUSSION - VOTE Mayor Watford asked whether there were any questions or comments from the public. There were none. Administrator MontesDeOca confirmed the rates did not increase and remained at $230.64 per month for each residence/unit. VOTE: WATFORD - YEA CHANDLER - YEA CLARK - YEA O'CONNOR - YEA RITTER - YEA MOTION CARRIED. Council Member Clark moved to adopt proposed Resolution No. 2017-04, providing for the Residential Solid Waste and Collection Assessment for Fiscal Year (FY) 2017-18; seconded by Council Member Ritter. Attorney Cook read proposed Resolution No. 2017-04 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2017-18; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Mayor Watford asked whether there were any questions or comments from the public. There were none. The rates, as stated in the previous item, are the same as last year. The total annual revenue to be collected by this assessment for Fiscal Year 2017-18 is $405,695.76. VOTE: WATFORD - YEA CHANDLER - YEA CLARK - YEA O'CONNOR - YEA RITTER - YEA MOTION CARRIED. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:18 P.M. Council Member Ritter moved to adopt proposed Resolution No. 2017-05, providing for the Commercial Solid Waste Collection and Disposal Services and Rates for FY 2017-18; seconded by Council Member Chandler. 172 JULY 18, 2017 - REGULAR MEETING - PAGE 6 OF 13 AGENDA IX. NEW BUSINESS CONTINUED A. Motion to adopt proposed Resolution No. 2017-05, providing for the Commercial Solid Waste Collection and Disposal Services and Rates for FY 2017-18 continued. B. Motion to adopt proposed Resolution No. 2017-09 for renewal of State of Florida Department of Transportation Memorandum of Agreement Maintenance Contract - City Attorney (Exhibit 6). C. Consider a request to add "O.L. Raulerson Street" to a portion of Northwest 4th Street from North Parrott Avenue to Northwest 6th Avenue - City Administrator. COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook read proposed Resolution No. 2017-05 by title only as follows: 'A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2017-2018; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Mayor Watford asked whether there were any questions or comments from the public. There were none. As discussed in the Public Hearing portion of the meeting, the commercial rates are the same as the previous year. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Council Member O'Connor moved to adopt proposed Resolution No. 2017-09 for the renewal of State of Florida Department of Transportation (FDOT) Memorandum of Agreement Maintenance Contract No. BE391; seconded by Council Member Ritter. Attorney Cook read proposed Resolution No. 2017-09 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MEMORANDUM OF AGREEMENT, CONTRACT NO. BE391, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE MAINTENANCE AND BEAUTIFICATION ALONG STATE ROADS 70 AND 15 WITHIN THE CORPORATE LIMITS OF THE CITY, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." Administrator MontesDeOca briefly explained this Memorandum of Agreement is the renewal to the existing Maintenance Contract No. BDX99, which expires August 1, 2017. The initial term for providing service under this Agreement shaii be a period of three years from the date of execution. FDO T will reimburse the City three quarterly payments of $2,406.37 and one quarterly payment of $2,406.34, for a total amount of $9,625.45 annually. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Council Member O'Connor moved to approve a request to add the honorary name "O.L. Raulerson" on the portion of Northwest 4th Street from North Parrott Avenue to Northwest 6th Avenue; seconded by Council Member Chandler. JULY 18.2017 - REGULAR MEETING - PAGE 7 OF 13 173 AGENDA IX. NEW BUSINESS CONTINUED C. Consider a request to add "O.L. Raulerson Street" to a portion of Northwest 4th Street from North Parrott Avenue to Northwest 6th Avenue continued. D. Presentation and discussion regarding Community Redevelopment Agencies (CRA's) - Robert P. Franke, AICP VP Planner, Urban Visions, Inc. (Exhibit 7). COUNCIL ACTION - DISCUSSION -VOTE Okeechobee County Sheriff Noel Stephen and Mr. Todd Raulerson, son and youngest child of the late O.L. Raulerson, appeared before the City Council to make the request. Mayor Watford and several Council Members expressed their agreement to honor Mr. Raulerson as tribute to his many years of dedicated service to the community and leadership within the Sheriff's department. WATFORD — YEA UCOMM— YEA VOTE: CHANDLER — YEA Rtrrm- YvA CLARK — YEA MCrtDN CARKW-D. Mr. Robert Franke of LaRue Planning and Management Services, Inc. provided a power point presentation briefly explaining Community Redevelopment Agency's (CRA's). Authorization for CRA's was passed in the Redevelopment Act of 1969 which became Chapter 163 Part III of the Florida Statutes (F.S.). As of last review there are 202 CRA Districts registered with the Florida Department of Community Affairs. Currently the only forms of Tax Increment Districts in widespread use in the State are CRA's which may be created by a City or County to assist in the elimination of slum and/or blighting conditions. There is a four -step process in creating a CRA: Adopt the finding of necessity to formally identify the blight conditions within the targeted area and establish the area boundary. Create a separate public body, corporate and political, to be known as a "CRA." Develop and adopt the Community Redevelopment Plan (CRP) addressing the unique needs of the targeted area and includes the overall goals for redevelopment in the area, as well as identifying specific projects. Create a Redevelopment Trust Fund to enable the CRA to direct the increase in real property tax revenues back into the targeted area. The CRP: Every CRA is required to have one as it's the guiding document that outlines the projects and programs to be undertaken. Projects/programs not outlined in the CRP cannot be undertaken by the CRA. The CRP can be amended through a public process as determined appropriate. The Key CRA Concept: F.S. 163.345 Encouragement of Private Enterprise. Any county or municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this part, shall afford maximum opportunity, consistent with the sound needs of the county or municipality as a whole, to the rehabilitation or redevelopment of the CRA by private enterprise. Encouragement of Private Enterprise: The county or municipality shall give consideration to private enterprise by formulation of a workable program; approval of CRP's, communitywide plans or programs for community redevelopment, and general neighborhood redevelopment plans; development and implementation of community policing innovations; exercise of its zoning powers. 17411 _ _ - JULY 18, 2017 - REGULAR MEETING - PAGE 8 OF 13 AGENDA II COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED D. Presentation and discussion regarding CRA's continued. Enforcement of other laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements; development of affordable housing; disposition of any property acquired, subject to the limitations of F.S. 73.013; provision of necessary public improvements. In giving consideration of these, the county or municipality shall consider making available the incentives provided under the Florida Enterprise Zone Act and Chapter 420. Contents of the Redevelopment Plan: limitations on the type, size, height, number, and proposed use of buildings; nrnnortv;ntended for public lmorovements: Identlfv anv rublicly funded canitai nrninrfe to ha iinrlprtakAn within the co Etain a detailed statement of the projected costs of the redevelopment; provide a time �ertair for completing all redevelopment financed by increment revenues. A CRA Can: acquire and hold property; demolish buildings; dispose of property at fair value; develop property (including affordable housing); install, construct and repair streets, parks, utilities, playgrounds, and other public improvements; solicit proposals for re/development; borrow money or accept funds/grants from any source (borrowing subject to approval of the governing body); close, vacate, plan, re -plan streets, sidewalks, other places; petition for changes to land use, zoning. Borrowing Money: A CRA can borrow money with the approval of the governing body. This borrowing can be in the form of: revenue bond, bank loan including line of credit, and loan from governing body. Repayment period cannot exceed the life of the CRA. Even if allowed by F.S., any project or program a CRA wishes to undertake must be outlined in the CRP. Tax Increment Revenues was illustrated by infographic within Exhibit 7, a CRA District Assessed Value for Base Year 2000 with a $100,000.00 value has a tax of $200.00 and the City and County would receive the full amount in tax payments. Five years later that same property now has a base value of $150,000.00, a $50,000.00 increase, with a tax of $300.00 which the City and County received. The Redevelopment Trust Fund receives an agreed upon percentage portion of the increase of the tax value; in the illustration provided it was $95.00, as the difference in the taxes was $100.00 and the percentage to the Trust Fund is 95 percent. The lowest allowed percentage to be adopted is 50 percent. Other Forms of Redevelopment: Downtown Development Authorities; Neighborhood Improvement Districts; Special Assessment District; Main Street. Next Steps: F.S. 163.355. Finding of necessity by county or municipality. No county or municipality shall exercise the community redevelopment authority conferred by this part until after the governing body has adopted a resolution, supported by data and analysis, which makes a legislative finding that the conditions in the area meet the criteria described in F.S. 163.340(7) or (8). JULY 18, 2017 - REGULAR MEETING - PAGE 9 of 13 175 IK-4 AGENDA NEW BUSINESS CONTINUED D. Presentation and discussion regarding CRA's continued. E. Motion to adopt proposed Okeechobee Utility Authority (OUA) inter -local Agreement - Mayor Watford (Exhibit 8). COUNCIL ACTION - DISCUSSION - VOTE The resolution must state that: (1) One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in such county or municipality; and (2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality. F.S. 163,356. Creation of community redevelopment agency. (1) Upon a finding of necessity as set forth in F.S. 163.355, ana upon a further finding that there is a need fora community redevelopment agency to function in the county or municipality to carry out the community redevelopment purposes of this part, any county or municipality may create a public body corporate and politic to be known as a "CRA." (2) When the governing body adopts a resolution declaring the need for a CRA, that body shall, by ordinance, appoint a board of commissioners of the CRA, which shall consist of not fewer than five or more than nine commissioners. F.S. 163.357, Governing body as the CRA. (1)(a) As an alternative to the appointment of not fewer than five or more than seven members of the agency, the governing body may, at the time of the adoption of a resolution under F.S. 163.355, or at any time thereafter by adoption of a resolution, declare itself to be an agency, in which case all the rights, powers, duties, privileges, and immunities vested by this part in an agency will be vested in the governing body of the county or municipality, subject to all responsibilities and liabilities imposed or incurred. Mayor Watford asked that each Council Member take the next 30 days to research CRA's in other municipalities, discuss implementing such a program with the City Administrator, prepare questions and/or concerns. The item is to be brought back at the August 15, 2017, meeting or as soon thereafter as possible. At the ioint workshop held on March 30, 2017, the City Council. Board of County Commissioners, and Okeechobee Utility Authority (OUA) Board Members agreed to meet and potentially make amendments to the inter -local Agreement creating the OUA. A sub -committee was formed comprised of Mayor Watford and Council Member Chandler, Commissioners Burroughs and Hazellief, and OUA Board Members Mr. John Creasman and Mr. Tommy Clay. Mayor Watford distributed the proposed modifications at the beginning of the meeting, in draft form and labeled as Exhibit 8, explaining these were presented with a recommendation to approve by the working group. Council Members Chandler and Ritter moved to adopt proposed amendments to the OUA Inter -local Agreement as presented [the specific amendment is listed below including the original verbiage, language stricken through is to be deleted, language underlined is to be added]: 17611 DULY 18, 2017 - REGULAR MEETING - PAGE 10 OF 13 11 AGENDA 11 COUNCIL ACTION - DISCUSSION - VOTE 11 IX. NEW BUSINESS CONTINUED E. Motion to adopt proposed OUA Inter -local Agreement continued Paragraph 4.4 is amended to read: The four (4) members of the Authority Board appointed by the County and toe City shall then, by a simple majority vote, appoint a fifth member of the Authority Board and one M alternate representative who may attend all meetings of the Authority Board and shall have the authority to vote in the absence of said fifth member; provided, however for so long as the District service area encompasses a portion of Glades County, said fifth member and the alternate for that member, shall be a residents of that area within the District 1eG in Glades County service area. in the event this fifth Authority Beard member resigns, or is unable to balanceGonfinue to serve, only the four (4) members of the Authority Board appGiRted by the County and the Gity shall be authorized. by simple majority vote, to appoint the fifth Autherity Beard member to fell the . Paragraph 4.17 is amended as follows: The Authority Board shall cause to be made at least enre each year quarterly a comprehensive report of its activities, including all matters relatiRged to rates, FeVeRue, expenses of maintenance, repair and operation, renewals and capital replacements, principal and interest requirements;_ and Additionally, the final year report will include an audited annual financial statement. The report will be presented to both County and City respectively by the appointed member of each. Copies of such reports shall be forwarded to the County and the City, and shall constitute a public record. Paragraph 4.19 is added as follows: The Authority Board shall ensure all construction of new or the maintenance of existing water and wastewater facilities are coordinated with County or City Public Works Departments ensuring roads and drainage right-of-ways are fully restored after the completion of work. Paragraph 4.20 is added as follows: The Authority Board may utilize the Okeechobee Board of County Commission chamber to conduct all meetings. The meetings will be at a minimum video tape delayed and posted to the Authority Board's website for the public providing the necessary means of transparency. The County will provide the Commission Chambers and associated technical support at no cost to the Authority Board. Paragraph 4.21 is added as follows: Both the City and County reserve the right to remove anv one of their apDointed Authority Board member(s). VOTE: WATFORD e YEA CHANDLER — YEA CLARK m YEA O'CONNOR ® YEA RITTER e YEA MOTION CARRIED. Mayor Watford noted, after the preliminary approvals are made by the City Council and County Commission, they will be forwarded to Attorney Michael Minton for preparation of an official document amending the Inter -local Agreement and be re -presented to the governing bodies for final approval and execution. JULY 18.2017 - REGULAR MEETING - PAGE 11 OF 13 177 AGENDA IL_ COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED F. Motion to approve Renewal No. 2 to the Non-exclusive Professional Council Member O'Connor moved to approve Renewal No. 2 to the Non-exclusive Professional Engineering Engineering Agreement with Culpepper & Terpening, Inc. for Agreement with Culpepper & Terpening, Inc. for Professional Engineering and Surveying Services for a period of Professional Engineering & Surveying Services for a twelve-month one year beginning September 17, 2017, and ending on September 17, 2018; seconded by Council Member period beginning September 17, 2017 and ending on September 17, Chandler. 2018 - City Administrator (Exhibit 9). G. Motion to terminate the existing street sweeping contract with Clean Sweep & Vac, LLC and approve an agreement to piggyback a contract for services for street sweeping with USA Services in the amount of $26,712.00 - City Administrator (Exhibit 10). H. Motion to approve the maximum Millage Rate for advertisement for 2017 Tax Notices as 8.9932 for FY 2017-18 - Finance Director (Exhibit 11). The contract terms allow for renewals up to a certain number of years; this is the final renewal allowed. Prior to expiration in 2018, these services will go out for solicitation and award through the Competitive Negotiations Act. WATFORD — YEA O'CONNOR — YEA VOTE: CHANDLER — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. Council Member Clark moved to terminate the existing street sweeping contract with Clean Sweep & Vac, LLC; and approve an Agreement to Piggyback a Contract with the City of Cape Coral for street sweeping with USA Services, Inc., in the annual amount of $26,712.00; seconded by Council Member O'Connor. Administrator MontesDeOca explained after numerous meetings, City Staff has not been successful in resolving on -going issues with the current company. Upon approval, the 30-day cancellation notice with an effective termination date of September 30, 2017, will be sent to Clean Sweep & Vac, LLC. FDOT and the City of Cape Coral provided good reviews for job performances by USA Services, Inc. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Finance Director Riedel presented the recommendation of advertising the Millage Rate at the maximum allowed. Using the "Truth in Millage" process, the Rate is calculated by the roll-back/roll-forward Rate, plus one Mill. The current FY Millage was adopted at 7.9932. Once the tentative Millage is set, the Council retains the authority to lower it through the budget adoption process, but cannot increase it more than the Rate set and advertised. Council Member Chandler moved to approve the maximum Millage Rate for advertisement for 2017 Tax Notices as 8.9932 for FY 2017-18; seconded by Council Member Ritter. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. 178 JULY 18, 2017 - REGULAR MEETING - PAGE 12 OF 13 AGENDA IX. NEW BUSINESS CONTINUED I. Motion to approve the FY 2017-18 Budget Preparation and Millage Calendar, setting workshop(s) to be held August 15, 2017, at 5:00 P.M. and August 22, 2017, at 5:00 P.M. (if needed), First Public Hearing on September 6, 2017, at 6:00 P.M., and Final Public Hearing on September 20, 2017, at 6:00 P.M., all to be held in the City Council Chambers - Finance Director (Exhibit 12). A Correction was noted that the public hearing dates should be the 5th and 19th of September. J. Motion to review and approve Health Insurance plans offered through Public Risk Management - City Administrator and Finance Director (Exhibit 13). COUNCIL ACTION - DISCUSSION - VOTE Council Member Ritter moved to approve the FY 2017-18 Budget Preparation and Millage Calendar, setting workshop(s) to be held August 15, 2017, at 5:00 P.M. and if needed on August 22, 2017, at 5:00 P.M., First Public Hearing to be held on September 5, 2017, and Final Public Hearing to be held on September 19, 2017, both at 6:00 P.M., all to be held in the City Council Chambers at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida; seconded by Council Member Clark. VOTE: ',A;ATFC)RD .-- YEA CHANDLER —YEA CLAR.. = YE.% O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Administrator MontesDeOca and Finance Director Riedel presented a health insurance renewal proposal from the current provider, Public Risk Management (PRM), Inc. Group Health Trust, which included three options. They are recommending the Council approve Option B. The options and premiums are as follows, with plan specific details provided in Exhibit 13: Option A: continue with the existing plan (BlueOptions 03748) with the City paying 100 percent of the employee premium; an annual increase in cost of $57,745.00. Option B: change to new plan (BlueCare PPO 0727) and implement the use of a medical clinic for employees and dependents covered under the plan. This will generate a net annual increase of $19,255.00. Option C: change to new plan (BlueCare PPO 0727) with City paying 100 percent of the premium and offer a buy up plan to employees who would like to stay with the existing plan (BlueOptions 03748), as well as implementing the use of a medical clinic. Again, this will generate a net annual increase of $19,255.00 in cost, as the employee will be responsible to pay the difference in premiums if opting to stay with the existing plan. The County and OUP, have contracts with the local Urgent Care Clinic and recommended their use to the Administrator and Finance Director as a means to lower health insurance premiums. Should the Council approve a change in the plan and/or the implementation of the clinic, extensive education will be given to Department Heads to disseminate to their employees, and a separate contract for the clinic would be presented at a future meeting. Motion and second by Council Members Ritter and Chandler to approve a one-year Health Insurance contract with FIRM, Inc. Group Health Trust using Option B [as recommended, changing to BlueCare PPO 0727 Plan, beginning October 1.20171. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA 'CONNOR — YEA RITTER — YEA MOTION CARRIED. JULY 18. 2017 - REGULAR MEETING - PAGE 13 OF 13 19 AGENDA IX. NEW BUSINESS CONTINUED ITEM ADDED TO AGENDA: K. Motion to approve Change of Scope Amendment No. 2 for Okeechobee Fire Station Overhead Door Replacement, Project No. PW-00-03-17 - City Administrator (Exhibit 14). ITEM ADDED TO AGENDA: L. Motion to enter into contract negotiations with the City Administrator - City Administrator (Exhibit 15). X. ADJOURNMENT - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: CA Lane amiotea, C C, City Clerk D• • R. WaW64, • COUNCIL ACTION - DISCUSSION - VOTE Council Member Chandler moved to approve a Change of Scope Amendment No. 2 for Okeechobee Fire Station Overhead Door Replacement, Project No. PW-00-03-17 in the amount of $950.00; seconded by Council Member O'Connor. The change order is to tear out the remaining 13-feet of soffit at the front garage door, construct to match the new stucco; and extend the electrical wiring for flood lights to be installed. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Administrator MontesDeOca's current Employment Contract expires September 30, 2017. He presented three amendments for consideration. The amendments are as follows: Section 6. Benefits; increase the monthly accrual of annual leave from 10.0 to 10.7 hours for the term of the contract. Increase the monthly accrual of sick leave from 8.0 to 8.7 hours for the term of the contract. Section 4 Salary and Evaluation; increase the annual salary effective October 1, 2017, from Step 5 $83,889.71 to Step 8 $87,721.66. Council Members Clark and Ritter requested time to review the amendments, being the exhibit was distributed at the beginning of the meeting. Mayor Watford agreed and instructed the Administrator to re -present this item at the August 15, 2017, regular meeting. There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 8:11 P.M. The next regular scheduled meeting is August 15, 2017. INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 6 130(ao (7 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn t and subscribed bekre me this day of o� C)% AD Notary Public, State of Florida at Large ANGIE BRIDGES I'P ` MY COMMISSION # FF 976149 so ".•' EXPIRES: April 2O,2O20 Bonded Thru Notary Public Uridervrmrs a Okeechobee N 107 SW 17th Streek Okeechobee, Flo i 863-763- 13 1. 1.11-t- / y uite D `�( 349741 4' z+rr r, 11 PUBLIC NOTICE CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the Jul 4, 2017, Crry of Okeechobee Gry Council Meeting has been cancelled. The next regular Gty Coundl meeting will be held on Tue lul 18, 2017, 6:Oe D m., or as soon thereafter as pppouussible, at Gty Haf, 51 SE 3rd Ave, Rm 2bm% Okeechobee, Florida. The Bomcatyofokeedro_ raged to attend. The ned bee com or by calli g the Office of the Cenda AyAdminniistra- tor, 863-763-3372 ext. 9812. ANY PERSON DECIDING TO APPEAL any derision made by the Gtoy Council with respect to any matter considered at this meeting volt need to ensure a verbatim record of the proceeding Is made and the record Indudes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Dtsabilibes Act (ADA), any person with a disability as defined by the ADA, that needs s al accommodation to par n this proceeding, contact the Gty Clerk's Office no later than two business days prior to proceeding, 863-763-3372 exL 9814. BE ADVISED that should you intend to show any documen , picture, video or items to the Council in support or apposition to any item on the agenda, a co pyy of the document, picture, video, or item MUST be provided to the City Irk for the Gty's records. %Mayor Dowling R. Watford, Jr. 481302 ON 6/30/2017 CITY OF OKEECHOBEE 55 SE 3R° AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 JULY1892017 � 91 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 5 I. CALL TO ORDER — Mayor: July 18, 2017, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Jim Dawson, Associate Pastor First United Methodist Church; Pledge of Allegiance led by Mayor III. COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Noel Chandler Council Member Monica Clark Council Member Mike O'Connor Council Member Gary Ritter Administrator Marcos Montes De Oca Attorney John R. Cook Clerk Lane Gamiotea Deputy Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen Finance Director India Riedel IV. AGENDA AND PUBLIC COMMENTS — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda — Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. July 18, 2017 PAGE 2 of 5 V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Swearing in of Firefighter/EMT David Cortez. VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the June 20, 2017 Regular Meeting. VII. WARRANT REGISTER — City Administrator A. Motion to approve the June 2017 Warrant Register. General Fund $337,571.05 Public Facilities Improvement Fund $ 11,388.41 Law Enforcement Special Fund $ 125.00 Community Development Block — Economic Grant Fund $ 100.00 Vill. OPEN PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION — Mayor A.1.a) Motion to read proposed Ordinance No. 1155 by title only regarding Rezoning Petition No. 17-002-R, submitted by 110 Marion Road, Inc., located at SW 6th Street and SW 7tn Avenue, from CLT to RMF to be used as residential rental property — City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1155 by title only. 2.a) Motion to adopt proposed Ordinance No. 1155. b) Public comments and discussion. c) Vote on motion. July 18, 2017 PAGE 3 of 5 Vill. PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION CONTINUED B.1.a) Motion to read proposed Ordinance No. 1156 by title only, amending a scriveners error in the legal description within Ordinance No. 1152, Abandonment of Right -of -Way Petition No. 17-001-SC — City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1156 by title only. 2.a) Motion to adopt proposed Ordinance No. 1156. b) Public comments and discussion. c) Vote on motion. C.1.a) Motion to adopt proposed Resolution No. 2017-03, providing for the Collection and Disposal Services of Residential Solid Waste customers and establishing a Preliminary Rate Assessment for services - City Attorney (Exhibit 3). b) Public comments and discussion. c) Vote on motion. DA.a) Motion to adopt proposed Resolution No. 2017-04, providing for the Residential Solid Waste and Collection Assessment for Fiscal Year 2017-18 - City Attorney (Exhibit 4). b) Public Comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING July 18, 2017 PAGE 4 of 5 IX. NEW BUSINESS A. Motion to adopt proposed Resolution No. 2017-05 providing for the Commercial Solid Waste Collection and Disposal Services and Rates for Fiscal Year 2017-18 — City Attorney (Exhibit 5). B. Motion to adopt proposed Resolution No. 2017-09 for renewal of State of Florida Department of Transportation Memorandum of Agreement Maintenance Contract - City Attorney (Exhibit 6). C. Consider a request to add "O.L. Raulerson Street" to a portion of NW 4th Street from N. Parrott Avenue to NW 61h Avenue — City Administrator D. Presentation and discussion regarding Community Redevelopment Agencies (CRA's) — Robert P. Franke, AICP VP Planner, Urban Visions, Inc. (Exhibit 7). E. Motion to adopt proposed OUA Interlocal Agreement — Mayor Watford (Exhibit 8). F. Motion to approve Renewal No. 2 to the Non-exclusive Professional Engineering Agreement with Culpepper & Terpening, Inc. for Professional Engineering & Surveying Services for a twelve-month period beginning September 17, 2017 and ending on September 17, 2018 — City Administrator (Exhibit 9). G. Motion to terminate the existing street sweeping contract with Clean Sweep & Vac, LLC and approve an agreement to piggyback a contract for services for street sweeping with USA Services in the amount of $26,712.00 — City Administrator (Exhibit 10). H. Motion to approve the maximum millage rate for advertisement for 2017 Tax Notices as 8.9932 for fiscal year 2017-2018 — Finance Director (Exhibit 11). Motion to approve the 2017-2018 Budget Preparation and Millage Calendar setting workshop(s) to be held August 15, 2017 at 5:00 p.m. and August 22, 2017 at 5:00 p.m. (if needed), First Public Hearing on September 6, 2017 at 6:00 p.m,, and Final Public Hearing on September 20, 2017 at 6:00 p.m., all to be held in the City Council Chambers — Finance Director (Exhibit 12). E IX. NEW BUSINESS CONTINUED J. Motion to review and approve Health Insurance plans offered through Public Risk Management (PRM) — City Administrator and Finance Director (Exhibit 13). X. ADJOURN MEETING — Mayor PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. July 18, 2017 PAGE 5 of 5 City of Okeechobee, July 18, 2017 Meeting Minutes taken during the meeting by Lane Gamiotea CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on July 18, 2017, at 6:00 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. OPENING CEREMONIES: The invocation was given by Reverend Jim Dawson, Associate Pastor of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Noel Chandler Present Council Member Monica Clark Present Council Member Mike O'Connor Present Council Member Gary Ritter Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Fire Chief Herb Smith Present (stepped out Police Chief Bob Peterson Present Public Works Director David Allen Present Finance Director Riedel Present IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. Defer the Swearing in of FF/EMT David Cortez, Add New Busienss Item K motion to approve #2 Fire Dept Ex 14 New Business Item L motion to enter into negotiations for city admin Ex 15. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford asked whether there were any comment cards presented for public comment. There were none. V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Swearing in of Firefighter/EMT David Cortez. Chief Smith requested to withdrawn the Swearing in of FF Cortez in order to allow time for his mother to return from vacation and be able to attend. VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the June 20, 2017 Regular Meeting. Page 1 of 13 A revised page 9 was distributed at the beginning of the meeting, the discussion for adoption of proposed Resolutions No. 2017- and No. 2017- was reworded for better clarification. Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the regular meeting of June 20, 2017, as revised; seconded by Council Member Ritter. Discussion: none. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. VII. WARRANT REGISTER — City Administrator A. Motion to approve the June 2017 Warrant Register. General Fund $337,571.05 Public Facilities improvement Fund $ 11,388.41 Law Enforcement Special Fund $ 125.00 Community Development Block — Economic Grant Fund $ 100.00 Council Member Ritter moved to approve the June, 2017 Warrant Register in the amounts: General Fund, three hundred thirty seven thousand, five hundred seventy-one dollars and five cents ($337,571.05); Public Facilities Improvement Fund, eleven thousand, three hundred eighty-eight dollars and forty-one cents ($11,388.41); Law Enforcement Special Fund, one hundred twenty-five dollars and zero cents ($125.00); and Community Development Block -Economic Grant Fund, one hundred dollars and zero cents ($100.00); seconded by Council Member Clark. Discussion: none. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. VIII. OPEN PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENT — MAYOR WATFORD AT 6:07 P.M. A.1.a) Motion to read proposed Ordinance No. 1155 by title only regarding Rezoning Petition No. 17-002-R, submitted by 110 Marion Road, Inc., located at SW 6th Street and SW 7th Avenue, from CLT to RMF to be used as residential rental property — City Planning Consultant (Exhibit 1). Council Member Chandler moved to read proposed Ordinance No. 1155 by title only regarding Rezoning Petition No. 17- 002-R, submitted by 110 Marion Road, Inc., located at Southwest 6th Street and 7th Avenue, from Light Commercial (CLT) to Residential -Multiple Family (RMF) to be used as residential rental property; seconded by Council Member Clark. b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. Page 2 of 13 c) City Attorney to read proposed Ordinance No. 1155 by title only. Attorney Cook read proposed Ordinance No. 1155 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM LIGHT COMMERCIAL TO RESIDENTIAL MULTIPLE -FAMILY ZONING DISTRICT (PETITION NO. 17-002-R); AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 1155. Motion and second by Council Members Clark and Ritter to adopt proposed Ordinance No. 1155. b) Public comments and discussion. Mayor Watford asked whether there were any questions or comments from the public. There were none. City Planning Consultant, Mr. Bill Brisson, Senior Planner of LaRue Planning and Management Services, addressed the Council explaining that the Planning Board reviewed Petition No. 17-002-R on May 18, 2017, and found it to be consistent with the Comprehensive Plan based on the findings within the Planning Staff Report and unanimously recommends approval. Planning Staff's findings are as follows: The proposed rezoning is consistent with the Comprehensive Plan. The proposed use for the property is multi -family rental property/residences, which is a permitted use in the RMF Zoning District. The proposed use will not have an adverse effect on the public interest. The proposed changes to both the Future Land Use (FLUM) and Zoning Maps will ensure compatibility between the two documents, will be compatible with surrounding properties, and will have a positive effect on the surrounding area as well as the public interest in general. Although vacant, the properties to the immediate North and West of the subject property are designated Multi -Family Residential (MF) on the FLUM. The properties to the East are Single -Family Residential (SF) on the FLUM. The property to the South across Southwest 6th Street is designated Commercial on the FLUM, zoned RMF and is the site of a childcare center. To the West of the childcare center is a Church which is designated SF on the FLUM and zoned ResSF1. To the Southeast is an elementary school. Although designated SF on the FLUM and largely developed in single-family use, the residential area directly East across Southwest 7th Avenue is zoned RMF. Given its immediate surroundings, the subject property is suitably located for multi -family use and compatible with surrounding uses. The proposed use would not be expected to adversely affect property values or living conditions on adjacent or nearby properties. The subject property will not require a buffer to the single-family properties across Southwest 7th Avenue. Similarly, no buffering will be needed for the vacant multi -family zoned properties to the East or the childcare center to the South. The proposed use will not create a density pattern that would overburden public facilities, create traffic congestion, or create an inappropriate density pattern in the area. Should new construction be involved, it will be required to provide drainage for any increase in potential storm water runoff. The proposed use has not been inordinately burdened by any unnecessary restrictions. Ritter — discussion at the planning board meeting on migrant housing question. O'Connor — scares me and we don't need that to happen. Watford — believe there are safe guards in place. City Clerk Gamiotea reported nine notices were mailed to surrounding property owners, one sign was posted on the property as well as advertised in the local newspaper. No objections or comments have been received to date. c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Page 3 of 13 B.1.a) Motion to read proposed Ordinance No. 1156 by title only, amending a scriveners error in the legal description within Ordinance No. 1152, Abandonment of Right -of -Way Petition No. 17-001-SC — City Attorney (Exhibit 2). Council Member Ritter moved to read proposed Ordinance No. 1156 by title only, amending a scriveners error in the legal description within Ordinance No. 1152, Abandonment of Right -of -Way Petition No. 17-001-SC; seconded by Council Member Clark. b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1156 by title only. Attorney Cook read proposed Ordinance No. 1156 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CORRECTING A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF ADOPTED ORDINANCE NO. 1152 CLOSING, VACATING AND ABANDONING THE RIGHT-OF-WAY DESCRIBED HEREIN, AND BEING A PORTION OF NORTHWEST 10TH AVENUE; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 1156. Motion and second by Council Members O'Connor and Ritter to adopt proposed Ordinance No. 1156. b) Public comments and discussion. Mayor Watford asked whether there were any questions or comments from the public. There were none. c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. C.1.a) Motion to adopt proposed Resolution No. 2017-03, providing for the Collection and Disposal Services of Residential Solid Waste customers and establishing a Preliminary Rate Assessment for services - City Attorney (Exhibit 3). Council Member O'Connor moved to adopt proposed Resolution No. 2017-03, providing for the Collection and Disposal Services of Residential Solid Waste customers and establishing a Preliminary Rate Assessment for services; seconded by Council Member Clark. b) Public comments and discussion. Attorney Cook read proposed Resolution No. 2017-03 by title only as follows: "A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING Page 4 of 13 FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Mayor Watford asked whether there were any questions or comments from the public. There were one. Marcos - Fiscal Year 2016-17 annual cost apportioned was the same as the current Fiscal Year 2017-18, $230.64. Ritter — the FY 2016-17 is the same as the proposed. Marcos — yes sir and same for commercial rates. c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. D.1.a) Motion to adopt proposed Resolution No. 2017-04, providing for the Residential Solid Waste and Collection Assessment for Fiscal Year 2017-18 - City Attorney (Exhibit 4). Council Member Clark moved to adopt proposed Resolution No. 2017-04, providing for the Residential Solid Waste and Collection Assessment for Fiscal Year 2017-18; seconded by Council Member Ritter. b) Public Comments and discussion. Attorney Cook read proposed Resolution No. 2017-04 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2017-18; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Mayor Watford asked whether there were any questions or comments from the public. There were none. The rates, as stated in the previous resolution, are the same as the previous year. The total annual revenue to be collected by this assessment for Fiscal Year 2017-18 is $405,695.76. c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:18 P.M. IX. NEW BUSINESS A. Motion to adopt proposed Resolution No. 2017-05 providing for the Commercial Solid Waste Collection and Disposal Services and Rates for Fiscal Year 2017-18 — City Attorney (Exhibit 5). Page 5 of 13 Council Member Ritter moved to adopt proposed Resolution No. 2017-05 providing for the Commercial Solid Waste Collection and Disposal Services and Rates for Fiscal Year 2017-18; seconded by Council Member Chandler. Discussion: Attorney Cook read proposed Resolution No. 2017-05 by title only as follows: 'A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2017-2018; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Mayor Watford asked whether there were any questions or comments from the public. There were none. Marcos — rates are same as last year. Watford — better than an increase. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. B. Motion to adopt proposed Resolution No. 2017-09 for renewal of State of Florida Department of Transportation Memorandum of Agreement Maintenance Contract - City Attorney (Exhibit 6). Council Member O'Connor moved to adopt proposed Resolution No. 2017-09 for the renewal of State of Florida Department of Transportation Memorandum of Agreement Maintenance Contract No. BE391; seconded by Council Member Ritter. Discussion: Attorney Cook read proposed Resolution No. 2017-09 by title only as follows: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MEMORANDUM OF AGREEMENT, CONTRACT NO. BE391, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE MAINTENANCE AND BEAUTIFICATION ALONG STATE ROADS 70 AND 15 WITHIN THE CORPORATE LIMITS OF THE CITY, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Marcos — renewal period with FDOT, maintenance of the right of way, small portion but do reimburse. Ritter — we get reimbursed by four or five draws. Marcos — four. VOTE: WATFORD — YEA CHANDLER —YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. C. Consider a request to add "O.L. Raulerson Street" to a portion of Northwest 4th Street from North Parrott Avenue to Northwest 6th Avenue — City Administrator. O'Connor and Chandler moved to approve a request to add the honorary name `O.L. Raulerson' on the portion of Northwest 4th Street from North Parrott Avenue to Northwest 6th Avenue. Discussion: Sheriff Stephen (former son-in-law) and Todd Raulerson, son and youngest child appeared before the City Council to request the honorary name for the portion of 4th Street that the Sheriff's Department and Jail is located. Page 6 of 13 VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. D. Presentation and discussion regarding Community Redevelopment Agencies (CRA's) — Robert P. Franke, AICP VP Planner, Urban Visions, Inc.(Exhibit 7). {Lane still needs to go in and finish typing out the info from the power point} Mr. Robert Franke of LaRue Planning and Management Services provided a power point presentation regarding a Community Redevelopment Agency. Background on CRA's, addressed in FS 163 Part III. As of last review 202 CRA Districts registered with State. Currently the only form of tax increment districts in widespread use in the State. CRA's may be created by a City or County to assist in the elimination of slum and or blighting conditions. State is not involved in the creation of CRA's. 4-step process: 1-Adopt the finding of necessity. This will formally identify the blight conditions within the targeted area and establish the area bounda►y. 2-Create the CRA, a separate public body corporate and politic to be known as the "Community redevelopment agency." 3-Develop and adopt the CRA Plan. The plan addresses the unique needs of the targeted area and includes the overall goals for redevelopment in the area, as well as identifying specific projects. Every CRA is required to have a CR Plan. The CRP is the guiding document of the CRA outlining the projects and programs to be undertaken. Projects/programs not outlined in the CRP cannot be undertaken by the CRA. The Plan can be amended through public process as determined appropriate. 4-Create a Redevelopment Trust Fund. Establishment of the Trust Fund enables the CRA to direct the increase in real property tax break. The Key CRA Concept FS 163.345 encouragement of private enterprise Any county or city to the greatest extent it determines to be feasible. Encourage private enterprise Contents of the CRP Limitations on the type, size, height, number, and proposed use of buildings Property intended for public improvements Identify publicly funded capital projects to be undertaken within the CRA Contain a detailed statement of the projected costs of the redevelopment. Provide a time certain for completing all redevelopment financed by increment revenues. A CRA can .... acquire and hold property; demolish buildings; dispose of property at fair value; develop property including affordable housing; install, construct, and repair streets, parks utilities, playgrounds, other public improvements; solicit proposals for re/development (developer RFP's); borrow money or accept funds/grants from any source (borrowing subject to approval of the governing body); close vacate, plan, re -plan streets, sidewalks, other places; petition for changes to land use, zoning. A CRA can borrow money with the approval of the governing body. Revenue bond, bank loan including line of credit, loan from governing body; repayment period cannot exceed the life of the CRA. Page 7 of 13 Even if allow by statute, any project or program a CRA wishes to undertake must be outlined in the CRP if it is not in the plan you cannot do it. Tax increment revenues. CRA does not collect taxes, can collect an increment (lowest 50% and up to 95% - negotiated) of an increase in taxable value. O'Connor our finance director would be the one to handle the money, correct? In smaller cities yes they do, as long as the amount of time is tracked. Clark increase in taxable value on all properties or ??? Properties in the CRA only not city-wide. O'Connor the city appoints the agency? Fall under sunshine? Paid? 3 ways City Council appoints themselves. City Council plus citizens to create a board of 7 to 9. The city appoints a separate body. Yes sunshine. No one paid. Ritter initial upfront costs go toward building the plan. 1 major costs are finding and the plan, beyond that if the city staff is going to do some of the jobs, that would eventually get reimbursed to the city for the staff time. Ritter how long for a CRA to be up and running before they start generating their own funds? Usually around five years. In the CRA impact study it tells you how long they were in existence to start their trust fund built up. Have to remember once you start collecting money you have to spend that money on the projects because if you don't spend the money you have to give it back. A lot of times people forget that and it creates more negotiations. Can go on your annual FY or a calendar, auditors have to review it. Most cities include it within their budget process. Noel how do you establish the CRA, look at the property? Tell LaRue planning the biggest need is X. They go out and look at the area to make sure it meets the criteria. Begins with a study. CRA buys property, demolish, then can sell at fair market value. Have to be a willing participant to sell the property, not to be in the area. You can take property off their hands in exchange for withdrawing the code enforcement liens. Marcos — environmental issue? They could apply to the CRA to handle the environmental issues. Yes. Dowling — presentations at legislative session that didn't pass which would hurt a CRA. Yes. Noel — CRA getting accomplished and the City doing it themselves. The city has a budget, do a street have to do by city taxes. The CRA has the money to take care of the street, leaving the budget money available to the city to do something else on that street. At the beginning — yes the city has to put the funds starting. Funds loaned for a project are reimbursable. Cannot get reimbursed for CIP projects. Ritter where do they typically get the grant funding from? They're usually the distributor of the grant funds, the City has to go get the grant funds and distribute the funds, CRA can piggy back on that project if in the CRA area from the trust fund. O'Connor — can the county piggy back on us? If you can get the county to building something in the CRA area then you can. Watford — do we want to think on this, have on future agenda or instruct admin to investigate the finding necessity (we'd have to pay for that). Think and do investigate? Each individuals do homework, FLC has a lot of info and the website. Jason N Fellsmere gave presentation a few years ago, would be glad to talk with you any time and City of Ft Pierce, Nick or there are other sources you can find also. Page 8 of 13 Admin find out about the necessity and what that will incur. Each of you speak w Admin on this Add as a future agenda item, give a month to do this. Need to not put it off anv further. Wish we would have done this two years Appreciate presentation by Frank. E. Motion to adopt proposed OUA Inter -local Agreement — Mayor Watford (Exhibit 8). Council Member Chandler moved to adopt proposed amendments the Okeechobee Utility Authority Inter -local Agreement; seconded by Council Member Ritter. City, County and OUA agreed to meet to make amendments to the inter -local creating the OUA. Chandler and I appointed to represent the city. From my standpoint, this didn't turn out the way I thought it might. Ended up being not a lot of substance that came out of that. The proposed modification were provided in Exhibit 8 as follows: Paragraph 4.4 is amended as follows: The four (4) members of the Authority Board appointed by the County and City shall then, by a simple majority vote, appoint a fifth member of the Authority Board and one (1) alternate representative who may attend all meetings of the Authority Board and shall have the authority to vote in the absence of said fifth member; provided, however for so long as the service area encompasses a portion of Glades County, said fifth member and the alternate for that member, shall be a resident(s) in Glades County service area. Dowling - Tim Stanley from Glades County attended meetings. City had assets, OBWA had assets to put in, the County had to put in cash. Thought was Glades County has a financial investment and should be represented by a member. We agreed to leave it that way. Glades County resident has be to be in the service area. Paragraph 4.17 is amended as follows: The Authority Board shall cause to be made quarterly a comprehensive report of its activities, including all matters related to rates, expense of maintenance, repair and operation, renewals and capital replacements, principal and interest requirements. Additionally, the final year report will include an audited annual financial statement. The report will be presented to both County and City respectively by the appointed member of each. Copies of such reports shall be forwarded to the County and the City, and shall constitute a public record. Dowling — changed to quarterly and understanding is it will be presented by one of the city reps quarterly to the city council. Add Paragraph 4.18: The Authority Board shall cause to develop and maintain a rolling three (3) strategic plan which includes goals and objectives for the following strategies: Financial, workforce, fleet management, infrastructure, asset management and best practices, operational excellence and customer service. This plan will be presented annually to both County and City by their appointed members on the Authority Board. Dowling — suggested by BOCC Burroughs, Clay brought to last meeting their plan, Terry thought good plan, need to update each year. John Creasman in audience, he can answer questions anyone may have as well. Add Paragraph 4.19: The Authority Board shall ensure all construction of new or the maintenance of existing water and wastewater facilities are coordinated with County or City Public Works Departments ensuring roads and drainage right of ways are fully restored after the completion of work. Dowling — like this idea, wasn't my idea, want to make sure we know and coordinate each other projects. Add Paragraph 4.20: The Authority Board may utilize the Okeechobee Board of County Commissioners chamber to conduct all meetings. The meetings will be at a minimum video tape delayed and posted to the Authority Board's website for the public providing the necessary means of transparency. The County will provide the Commissioner Chambers and associated technical support at no cost to the Authority Board. Dowling- county really pushing for OUA to meet at their facilities to live stream the meetings. OUA pointed out expense to do that. We agreed shouldn't dictate where they meet, as long as at a min there is a video tape delay, the OUA board is working on how they are going to do that. Ritter what was the costs to do that? Page 9 of 13 John Creasman appeared use BOCC delayed taping $500. Live streaming is $14,400. Set up board room to do delayed streaming for $8000. Live streaming $18,000. Rate payers have to absorb the costs. Six month trial if there was enough interest to do. Contracts drawn up. August 8 until the first of the year. Add Paragraph 4.21 Both the City and County reserve the right to remove any one of their appointed Authority Board member(s). Dowling — County has this wording on all their boards. The majority vote wasn't out. O'Connor — for all boards? No. Watford — Attorney instructed to look at other boards. Ritter — read notes from meetings, relationship between the Executive Director and the Board. There was some discussion on the issue, David was passionate about it. Change of the make up of the board and who members might be. When brought up there was no support in that. Really changed to allow at least allow elected officials on the board and that was not changed. Hopefully we'll start communicating a little better. There will not be any more of these meetings. BOCC has to consider these amendments next. OUA has no say in these amendments, we will have Michael Minton will draft the amendments in the correct form. Unless theres a reason to reform we will not. Admin have to coordinate to have one of our members to come to the city council quarterly meetings. Need to give them some ideas of what we want them to report on. And we will have the opportunity to give them any ideas or projects that we want the OUA Board to consider. Clark — appointees agree for another meeting since a volunteer board and not paid, and not the executive director. Dowling there was some discussion on that, Tommy Clay City Appointees was very adamant since they are the city rep they ought to do that maybe there were certain members that didn't want to hear from the director and want to hear from the board members. Alternates to ever make motions and if you don't have quorum. Only if they sit as a voting member. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. F. Motion to approve Renewal No. 2 to the Non-exclusive Professional Engineering Agreement with Culpepper & Terpening, Inc. for Professional Engineering & Surveying Services for a twelve-month period beginning September 17, 2017 and ending on September 17, 2018 — City Administrator (Exhibit 9). Council Member O'Connor moved to approve Renewal No. 2 to the Non-exclusive Professional Engineering Agreement with Culpepper & Terpening, Inc. for Professional Engineering and Surveying Services for a period of one year beginning September 17, 2017, and ending on September 17, 2018; seconded by Council Member Chandler. Discussion: Terms under the same contract. Final renewal under the existing contract. Will have to go out for RFQ for next year. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Page 10 of 13 G. Motion to terminate the existing street sweeping contract with Clean Sweep & Vac, LLC and approve an agreement to piggyback a contract for services for street sweeping with USA Services in the amount of $26,712.00 — City Administrator (Exhibit 10). Council Member Clark moved to terminate the existing street sweeping contract with Clean Sweep & Vac, LLC; and approve an Agreement to Piggyback a Contract with the City of Cape Coral, for street sweeping with USA Services, Inc., in the amount of $26,712.00; seconded by Council Member O'Connor. Discussion: Marcos — having issues with current company, services have not improved, met with them several times, have to yet to actually see them or the services. Have not sent the 30 day notice until Council approved. Sebring uses them, good job no concerns, FDOT gave good reviews. Cost is a little more than current contract. Notify them in June that we are terminating in July. Effective date will be September 1, 2017. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. H. Motion to approve the maximum millage rate for advertisement for 2017 Tax Notices as 8.9932 for Fiscal Year 2017-18 — Finance Director (Exhibit 11). Council Member Chandler moved to approve the maximum millage rate for advertisement for 2017 Tax Notices as 8.9932 for Fiscal Year 2017-18; seconded by Council Member Ritter. Discussion: Finance Director Riedel presented the recommendation of advertising the millage rate at the maximum allowed by Florida Statute. Using the Truth in Millage Process, this rate is calculated by the roll-back/roll-forward rate, plus one mill. Last year's millage was adopted at 7.9932.Once the tentative millage rate is set, the Council retains the authority to lower it through the budget process but cannot raise it once advertised. Dowling — been our custom to advertise the maximum rate, and then we know what we actually need, don't know of a time that we ever adopted the maximum, could be wrong. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. Motion to approve the 2017-18 Budget Preparation and Millage Calendar setting workshop(s) to be held August 15, 2017 at 5:00 p.m. and August 22, 2017 at 5:00 p.m. (if needed), First Public Hearing on September 6, 2017 at 6:00 p.m., and Final Public Hearing on September 20, 2017 at 6:00 p.m., all to be held in the City Council Chambers — Finance Director (Exhibit 12). A Correction was noted that the public hearing dates should be the 5r" and 19rn Council Member Ritter moved to approve the Budget Preparation and Millage Calendar Fiscal Year 2017-18, setting workshop(s) to be held August 15, 2017, at 5:00 p.m. and August 22, 2017, at 5:00 p.m. (if needed) to review the proposed budget, First Public Hearing on September 5, 2017, and Final Public Hearing on September 19, 2017, both at 6:00 p.m., all to be held in the City Council Chambers at 55 Southeast 3rd Avenue, Okeechobee, Florida; seconded by Council Member Clark. Discussion: The above sessions will be held in conjunction with the regular City Council meetings. VOTE: Page 11 of 13 WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. J. Motion to review and approve Health Insurance plans offered through Public Risk Management (PRM) — City Administrator and Finance Director (Exhibit 13). Marcos explained the three options. Recommending Option B City to pay for Optional 0727 plan and implement medical clinic for employees. Ritter — do we only have one option for a clinic? Can they use clinics on the treasure coast? India — clinic listed in option B, urgent care clinic across street, contract with County and OUA currently, we are talking about contracting with the one clinic but they have locations and we will look at being able to use. Room set aside for contracted employees, don't have to wait as long as the room is available. The service plan is staying the same. Dowling — goal is to decrease the amount of increase, by using the clinic we can keep the costs down. Trying to save the city for out of pocket expenses. Do you think the employees understand we are doing the same plan with an option. India — its being instilled that its education, education, education to the employee. Ritter — employee needs a specialist, how does that work? Can the clinic send them? India — if its broken the urgent care will send to ER, if not broken will send to specilists. Finance Director Riedel presented a health insurance renewal proposal from the current provider, Public Risk Management (PRM) Group Health Trust. The proposed premiums for Blue Options 3748 have increased by $57,745.00 (or 11.0 percent), largely due to the City's increase in claims for health coverage and prescriptions. Motion and second by Council Members Ritter and Chandler to approve a one-year Health Insurance Plan B as recommended with Public Risk Management (PRM), BlueCare PPO 0727. Clark — if you offered the option to buy up, what would it hurt to offer the buy up? Still have the same amount of claim, ded + 20%, either plan is max out of pocket $1500. $500 ded and then 80/20%. Increased is based on claims. The city will be paying for the medical clinic and those claims will not be put toward the insurance claims. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. ITEM ADDED TO AGENDA: K. Motion to approve in Change of Scope Amendment No. 2 for Okeechobee Fire Station Overhead Door Replacement, Project No. PW--00-03-17change of scope amendment No. 2 — City Administrator (Exhibit 14). Council Member Chandler moved to approve a Change of Scope Amendment No. 2 for Okeechobee Fire Station Overhead Door Replacement, Project No. Pw-00-03-17 $950.00; seconded by Council Member O'Connor VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Page 12 of 13 ITEM ADDED TO AGENDA: {lane add the correct working here} Marcos — had discussion with attorney cook, three items I requested. Section 6 Benefits increase in annual and sick leave. Section 4 increase in salary. Motion to approved as presented, counter proposal. why not you and MDO meet and negotiate. Clark — want some more time to review, just got it at the meeting when we got here. Dowling — what is our contract, normal step and cola. We've had a couple of suggestions here. Ritter agree with Clark, when I saw that blank page I really wanted to have this to review and have time to think through it. Marcos has done a good job, want time to look through ti. Bring back at the next meeting. X. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Watford adjourned the meeting at 8:36 P.M. Page 13 of 13 City of Okeechobee, July 18, 2017 Meeting Minutes taken during the meeting by Bobbie Jenkins I. CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on July 18, 2017, at 6:00 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. 114aycir WO-Fard II. OPENING CEREMONIES: The invocation was given by R „�. , ''m Associate Pastor of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present ✓ Council Member Noel Chandler Present ✓ Council Member Monica Clark Present v Council Member Mike O'Connor Present ✓ Council Member Gary Ritter Present✓ City Attorney John R. Cook Present ✓ City Administrator Marcos MontesDeOca Present / City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present ✓ Fire Chief Herb Smith Present ✓ Police Chief Bob Peterson Present ✓ Public Works Director David Allen Present ✓ Finance Director Riedel Present ✓ IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. • Swearin in of FF/EMT Qgvid Cortez deferred . mm L�t,�l►vss K e L - Uh&JSPf6Vidc*d. 0/0 (#6) B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Wat ord asked whether there were any comment cards presented for public comment. V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Swearing in of Firefighter/EMT David Cortez. Deferred to future meeting. VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the June 20, 2017 Regular Meeting. Council Member � moved to dispense with the rea919. and approve the Summary of Council Action for the June 20, mber2017, regular meeting; seconded by Council Me Discussion: none. VOTE: WATFORD — YEA CHANDLER — YEA C O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Page 1 of 18 VII. WARRANT REGISTER — City Administrator A. Motion to approve the June 2017 Warrant Register. General Fund $337,571.05 Public Facilities Improvement Fund $ 11,388.41 Law Enforcement Special Fund $ 125.00 Community Development Block — Economic Grant Fund $ 100.00 Council Member ul, moved to approve the June, 2017 Warrant Register in the amounts: General Fund, three hundred thirty seven thousand, five hundred seventy-one dollars and five cents ($337,571.05); Public Facilities Improvement Fund, eleven thousand, three hundred eighty-eight dollars and forty-one cents ($11,388.41); Law Enforcement Special Fund, one hundred twenty-five dollars and zero cents ($125.00); and Community Development Block -Economic Grant Fund, one hundred dollars and zero cents ($100.00); seconded by Council Member ili . Discussion: none. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA_ O'CONNOR — YEA RITTER — YEA TION CARRIED. VIII. OPEN PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENT —Mayor Time: A.1.a) Motion to read proposed Ordinance No. 1155 by title only regarding Rezoning Petition No. 17-002-R, submitted by 110 Marion Road, Inc., located at SW 6th Street and SW Th Avenue, from CLT to RMF to be used as residential rental property — City Planning Consultant (Exhibit 1). Motion and second by Council Members ., and MCI to read proposed Ordinance No. 1155 by title only regarding Rezoning Petition No. 17-002-R, submitted by 110 Marion Road, Inc., located at Southwest 6th Street and 7th Avenue, from Light Commercial (CLT) to Residential -Multiple Family (RMF) to be used as residential rental property. b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA OTION CARRIED. c) City Attorney to read proposed Ordinance No. 1155 by title only. Attorney Cook read proposed Ordinance No. 1155 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM LIGHT COMMERCIAL TO RESIDENTIAL MULTIPLE -FAMILY ZONING DISTRICT (PETITION NO. 17-002-R); AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 1155. Motion and second by Council Members rl and s4-d, to adopt proposed Ordinance No. 1155. b) Public comments and discussion. City Planning Consultant, Mr. Bill Brisson, Senior Planner of LaRue Planning and Management Services, addressed the Council explaining that the Planning Board reviewed Petition No. 17-002-R on May 18, 2017, and found it to be consistent with the Comprehensive Plan based on the findings within the Planning Staff Report and unanimously recommends approval. Page 2 of 18 A.2.11b) Public comments and discussion continued. Planning Staffs findings are as follows: The proposed rezoning is consistent with the Comprehensive Plan. The proposed use for the property is multi -family rental property/residences, which is a permitted use in the RMF Zoning District. The proposed use will not have an adverse effect on the public interest. The proposed changes to both the Future Land Use (FLUM) and Zoning Maps will ensure compatibility between the two documents, will be compatible with surrounding properties, and will have a positive effect on the surrounding area as well as the public interest in general. Although vacant, the properties to the immediate North and West of the subject property are designated Multi -Family Residential (MF) on the FLUM. The properties to the East are Single -Family Residential (SF) on the FLUM. The property to the South across Southwest 6th Street is designated Commercial on the FLUM, zoned RMF and is the site of a childcare center. To the West of the childcare center is a Church which is designated SF on the FLUM and zoned ResSF1. To the Southeast is an elementary school. Although designated SF on the FLUM and largely developed in single-family use, the residential area directly East across Southwest 7th Avenue is zoned RMF. Given its immediate surroundings, the subject property is suitably located for multi -family use and compatible with surrounding uses. The proposed use would not be expected to adversely affect property values or living conditions on adjacent or nearby properties. The subject property will not require a buffer to the single- family properties across Southwest 7th Avenue. Similarly, no buffering will be needed for the vacant multi -family zoned properties to the East or the childcare center to the South. The proposed use will not create a density pattern that would overburden public facilities, create traffic congestion, or create an inappropriate density pattern in the area. Should new construction be involved, it will be required to provide drainage for any increase in potential storm water runoff. The proposed use has not been inordinately burdened by any unnecessary restrictions. TMa or Watford asked whether there were any questions or comments from the_ public. There were none. City Clerk Gamiotea reported notices were mailed to surrounding property owners, � sigr wf`�posted on the property as well as advertised in the local newspaper. No objections or comments have been received to date. 69- MeN Had o q whe-h opdirii MI (an+ hausin , �tO,Qd a spet(0)WhA ? bill- �UOOH Spew) pvhlj�l (d W r ccfItne_nI!&. Page 3 of 18 A.2.c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA} - O'CONNOR — YEA RITTER — YEA MOTION CARRIE . B.1.a) Motion to read proposed Ordinance No. 1156 by title only, amending a scriveners error in the legal description within Ordinance No. 1152, Abandonment of Right -of -Way Petition No. 17-001-SC —City Attorney (Exhibit 2). Motion and second by Council Members _e4 and M� to read proposed Ordinance No. 1156 by title only, amending a scriveners error in the legal description within Ordinance No. 1152, Abandonment of Right -of -Way Petition No. 17-001-SC. b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA TION CARRIED. c) City Attorney to read proposed Ordinance No. 1156 by title only. Attorney Cook read proposed Ordinance No. 1156 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CORRECTING A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF ADOPTED ORDINANCE NO. 1152 CLOSING, VACATING AND ABANDONING THE RIGHT-OF-WAY DESCRIBED HEREIN, AND BEING A PORTION OF NORTHWEST 10TH AVENUE, AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 1156. Motion and second by Council Members to andYto adopt proposed Ordinance No. 1156. b) Public comments and discussion. Thae was we c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA �Vi6fiiONARRIEU,— - __,, Page 4 of 18 C.1.a) Motion to adopt proposed Resolution No. 2017-03, providing for the Collection and Disposal Services of Residential Solid Waste �sto��mers and esta�shi_ ng a_Preli�mi�nRate Assessment for services -City Attorney (Exhibit 3). b) Public comments and discussion. Attorney Attorney Cook read proposed Resolution No. 2017-03 by title only as follows: "A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION, DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Mayor Watford asked whether there were any questions or comments from the public. Fiscal Year 2016-17 annual cost apportioned was the same as the proposed Fiscal Year 2017-18 $230.64. Mao- Yobs som as lash pW- su t? moo - �es c) Vote on motion. VOTE: WATFORD — YEA O'CONNOR — YEA CHANDLER — YEA CLARK — YEA RITTER — YEA NOTION CARRIED. Page 5 of 18 D.1.a) Motion to adopt proposed Resolution No. 2017-04, providing for the Residential Solid Waste and Collection Assessment for Fiscal Year 2017-18 - City Attorney (Exhibit 41 mo- bfl- k"QfK Second b) Public Comments and discussion. Attorney Cook read proposed Resolution No. 2017-04 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2017-18; APPROVING THE PRELIMINARY RATE RESOLUTION, AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Mayor Watford asked whether there were any questions or comments from the public. The total annual revenue to be collected by this assessment for Fiscal Year 2017-18 is $405,695.76. No sc UsiW �10m P U)Atc, c) Vote on motion. WATFORD — YEA O'CONNOR— YEA CLOSE PUBLIC HEARING[0"11 VOTE: CHANDLER — YEA RITTER — YEA CLARK — YEA ION CARRIED. Page 6 of 18 IX. NEW BUSINESS A. Motion to adopt proposed Resolution No. 2017-05 providing for the Commercial Solid Waste Collection and Disposal Services and Rates for Fiscal Year 2017-18 - City Attorney (Exhibit 5). Motion and second by Council Members6k and - — to adopt proposed Resolution No. 2017-05 providing for the Commercial Solid Waste Collection and Disposal Services and Rates for Fiscal Year 2017-18. Discussion: Attorney Cook read proposed Resolution No. 2017-05 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2017-2018; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Mayor Watford asked whether there were any questions or comments from the public. tV61�ei M00- go 06 0f- lwlsk*,L� VOTE: WATFORD — YEA CHANDLER — YEA C7TN — A �- O'CONNOR — YEA RITTER — YEA CARRIED. Page 7 of 18 B. Motion to adopt proposed Resolution No. 2017-09 for renewal of State of Florida Department of Transportation Memorandum of Agreement Maintenance Contract - City Attorney (Exhibit 6). Motion by Council Member W— to adopt proposed Resolution No. 2017-09 for the renewal of State rida Department of Transportation Memorandum of Agreement Maintenance Contract No. BE391; seconded by Council Member6k Discussion: Attorney Cook read proposed Resolution No. 2017-09 by title only as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MEMORANDUM OF AGREEMENT, CONTRACT NO. BE391, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE MAINTENANCE AND BEAUTIFICATION ALONG STATE ROADS 70 AND 15 WITHIN THE CORPORATE LIMITS OF THE CITY, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." MDD- YWAa.! off- RIKIIq w In ch I S Q� a� c4b+�►� p�m�. eu VOTE: WATFORD — YEA CHANDLER — YEA �ARK — YEA O'CONNOR — YEA RITTER — YEA OTION CARRIED. Page 8 of 18 C. Consider a request to add "O.L. Raulerson Street' to a portion of NW 411 Street from N. Parrott Avenue to NW 61h Avenue — City Administrator. Dis%�V Sheri F- SOR-ln-law and Todd R (wO �y4h*& mbroVe MDD- Will have sa"},of LMuW�n�. *Wy U h AbY ��- 11wU uend�r �n p�dce, VOTE: WATFORD — YEA CHANDLER — YEA LARK YEA O'CONNOR — YEA RITTER — YEA — MOTION CARRIED. Page 9 of 18 D. Presentation and discussion regarding Community Redevelopment Agencies (CRA's) — Robert P. Franke, AICP VP Planner, Urban Visions, Inc.(Exhibit 7). Discussion: INorK�i� w L�a,R flinrt o a� s{ I . Did Ywa bdu� W f 90 � �Mdoln'g S U lggD GY0+FuMtq Wau huk) as W - M w hold warap Wrt. Trust Fuud (X¢M� i s Q 12_�Ct,1 rquar`em#v- CRP =i6 Se.. Mush be and f�*'r��ss�bPe PIw I1mlyd -Fp MUO haw bud � MuS+ TO 4 Mo dwh hatt -� bp- 1 rureve1nn1� wv�.en eh�cksare qua. YUhP h�.Y1cEles �.Po�n— �i�a.�c� p�rector R�- �C�SFa��'�►4n fiAP CW1 Qs YA Va{'{' hu1-musf Ka.e� �ma �epavak� �n rder f� 4 to be re►'sed f2j )qh.e U,A-. D-(apocn+s ? Valig u.✓��,� Su,�s/2ir� becomes 9't '(,(_' adds 2, more people iv have -7 W Ooftnt�: Separak hofd, � (board Mba afQ no69- irubai qftimi &gi-s pcud How Ion des i f fr�k.e, t'or � RAND OCO�EA\N",, 7!= PI�} ssessm¢n�/�nd� Ain 9 wd P��► RR Page 1 Mf 18 E. Motion to adopt proposed OUA Inter -local Agreement — Mayor Watford (Exhibit 8). Motion and second by Council Members _ Vand Rto adopt proposed amendments the Okeechobee Utility Authority Inter -local Agreement. Discussion: — IwO hnundmuJi. �Y = �h{��uun}� IQU� a9r�nd -b look al-fhe my da�e�. Ind= �%1(aul� -This �ldn+ turn ouI like9�rt m . Sohn 4wflofi, nub hard Nir' prQ�er��-. Coos+: a�pYo�,ma�ey 1500 in U(dec?. 4141500 liu� Siream. c� mee�,n9s coo- feuded -b 9�u� 4 won* trial; Aqua s& MOT. CIA(- A ls} n'lee�tvlq o{ �I{n�, Sub-cnmmi+fee, we WV JNQ,�S( rQ rdi s. & nnissioneY I-ftt2ellief yvWQ 4tWo djypttpl's alkihori. 7h��q h+ �fw rnw-up of M-P kJ69i be khan��d allow �4-I�asf lie �lec�cd offiaal bean � r�buy - )f �a�- Q1��M�Y� jV1�o�s� DUJ- �,Q I�OYQ llVl,�QSs �,Ue ro�Ym. �11i�0�1 Mi�}ov�i �}nr►�,yi � Q►'glu l��t�YY��+ Me- why n�i- d0dmy Mw i�*ad of vuiun& lard qe0z, pw- Me�zrs s�� M N Wdk VOTE: WATFORD—YEA CHANDLER —YEA LARK —YEA O'CONNOR—YEA RITTER—YEA (WCOTION CARRIED. Page 11 of 18 Motion to approve Renewal No. 2 to the Non-exclusive Professional Engineering Agreement with Culpepper & Terpening, Inc. for Professional Engineering & Surveying Services for a twelve-month period beginning September 17, 2017 and ending on September 17, 2018 — City Administrator (Exhibit 9). Motion by Council Member to approve Renewal No. 2 to the Non-exclusive Professional Engineering Agreement with Culpepper & Terpening, Inc. for Professional Engineering and Surveying 5ervices for a period of one year beginning September 17, 2017, and ending on September 17, 2018; seconded by Council Member Discussion: mw �ftc,�+, mw� rdwi6 ywoY4, +140 Will lb 004y RVUiRW8. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA ION CARRIED. r Page 12 of 18 G. Motion to terminate the existing street sweeping contract with Clean Sweep & Vac, LLC and approve an agreement to piggyback a contract for services for street sweeping with USA Services in the amount of $26,712.00 — City Administrator (Exhibit 10). Motion and second by Council Members Nand KD to terminate the existing street sweeping contract with Clean Sweep & Vac, LLC and approve an Agreement to Piggyback a Contract for Services for street sweeping with USA Services, Inc. in the amount of $26,712.00. Discussion: M DO- W a ' IM d �S U� s fi I I haW I h OM Md V d. h i s wi 11 be, 13a-dad Mal IOU . kwd jud �n s dbDui- W Sere u's 9 9 Moor : At (� W, do v Inoarea w-dad wc�la.hon.' -cs rt� yen+ noticp, VOTE: WATFORD — YEA CHANDLER— YEA = 64 O'CONNOR — YEA RITTER — YEA CMOTION CARRIED. Page 13 of 18 H. Motion to approve the maximum millage rate for advertisement for 2017 Tax Notices as 8.9932 for fiscal year 2017-2018 — Finance Director (Exhibit 11). Motion by Council Member �Cto approve th aximum millage rate for advertisement for 2017 Tax Notices as 8.9932 for Fiscal Year 2017-2018; seconded by Council Member Discussion: Finance Director Riedel presented the recommendation of advertising the millage rate at the maximum allowed by Florida Statute. Using the Truth in Millage Process, this rate is calculated by the roll-back/roll-forward rate, plus one mill. Last year's millage was adopted at 7.9932. Once the tentative millage rate is set, the Council retains the authority to lower it through the budget process but cannot raise it once advertised. VOTE: WATFORD — YEA CHANDLER — YEA E�YA— O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Page 14 of 18 Motion to approve the 2017-2018 Budget Preparation and Millage Calendar setting workshop(s) to be held August 15, 2017 at 5:00 p.m. and August 22, 2017 at 5:00 p.m. (if needed), First Public Hearing on September 5, 2017 at 6:00 p.m., and Final Public Hearing on September 19, 2017 at 6:00 p.m., all to be held in the City Council Chambers — Finance Director (Exhibit 12). Council Member moved to approve the Budget Preparation and Millage Calendar Fiscal Year 2017-18, setting workshop(s) to be held August 15, 2017, at 5:00 p.m. and August 22, 2017, a+00 p.m. (if needed) to review the proposed budget, First Public Hearing on September 5, 2017, and Final Public Hearing on September 19, 2017, both at 6:00 p.m., all to be held in the City Council Chambers at 55 Southeast 31d Avenue, Okeechobee, Florida; seconded by Council Membei}4(--, Discussion: The above sessions will be held in conjunction with the regular City Council meetings. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA OTION CARRIED. Page 15 of 18 J. Motion to review and approve Health Insurance plans offered through Public Risk Management (PRM) — City Administrator and Finance Director (Exhibit 13). D Council Member _U moved to revie and approve Health Insurance plans offered through Public Risk Management (PRM); seconded by Council Member -W. Discussion: Finance Director Riedel presented a health insurance renewal proposal from the current provider, Public Risk Management (PRM) Group Health Trust. The proposed premiums for Blue Options 3748 have increased by $57,745.00 (or 11.0 percent), largely due to the City's increase in claims for health coverage and prescriptions. M6 urA I i rn4Wus. aROnl hie Ong 46,c a� aYeftoe qh 6Ksc++ �QY� Anic QCrbss *U *W. iR- hosroa� sc�-aside �R- S�a�� rQcpm�n�.nds Qpt�o� � wka+ wood 4 h*k offer 4he hul VOTE: WATFORD — YEA CHANDLER — YEA CLARK — O'CONNOR — YEA RITTER — YEA TION CARRIED. Page 16 of 18 ADDITIONS TO AGENDA /t/0 hm -k wtaw &a,, &,ilr * d Whm- Nat Second Pu!-a3 ca-o3 /-7 .Ll Mohan {o ¢nk✓ rr7� �anfmcl 114�ahaf�onsw�'Gl+� �dmin. jc-TN COrtfrac� des �o� .�oP�IK kp/ lVTo sPs � lW narmal sq acu+ row. Mc- bin abler k /00K c(�usia�r. cl- saw as &n Glmk- ilater ha&,� rna,�iya� %�us Clem will hP dto-k-d /a Uf O da VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLAR `'`RAaT�oN CARRIED. Page 17 of 18 X. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Watford adjourned the meeting at r .WP.M. Page 18 of 18 D. Molar- Co uq wad to think ul i+ or Kv AdfKWskjtr - S R000f hoauorl<-AjW�sfi9ase �,ah. add k&Jum, ,� a�' S has In� �n lllrlallnzGAS . _. rafa� �m � '(� of kils fiurp Wauld lour � qua ORDINANCE NO. 1155 4.01 Exhibit 1 July 18, 2017 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM LIGHT COMMERCIAL TO RESIDENTIAL MULTIPLE -FAMILY ZONING DISTRICT (PETITION NO. 17-002-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Helio J. Pereda of 110 Marion Road, Inc., as property owner, has heretofore filed Petition No. 17-002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.44 acres from Light Commercial to Residential Multiple -Family Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on May 18, 2017, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 0.44 acres, as the subject property, located in the City of Okeechobee, to -wit: PARCEL I: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 191, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 191 AND THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 7T" AVENUE (f/k/a OKEECHOBEE AVENUE) FOR A DISTANCE OF 300.10 FEET TO A POINT ON AN EXTENSION WEST OF SOUTHWEST 6T" STREET (f/k/a THIRD STREET); THENCE RUN WEST ALONG SAID EXTENSION OF SOUTHWEST 6T" STREET (f/k/a THIRD STREET) FOR A DISTANCE OF 200.00 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE WEST ALONG THE NORTH BOUNDARY LINE OF SOUTHWEST 6T" STREET (f/k/a THIRD STREET) A DISTANCE OF 50.00 FEET; THENCE RUN NORTH PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 7T" AVENUE (f/k/a OKEECHOBEE AVENUE) A DISTANCE OF 76.17 FEET; THENCE RUN EAST PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST 6T" STREET (f/k/a THIRD STREET) A DISTANCE OF 50.00 FEET; THENCE RUN SOUTH A DISTANCE OF 76.17 FEET TO THE POINT OF BEGINNING. LYING IN AND COMPRISING A PART OF THE ABANDONED FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY AND SOUTH CURVE STREET, OKEECHOBEE COUNTY, FLORIDA; AND Ordinance No. 1155 Page 1 of 2 Im cm PARCEL II: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 191, OKEECHOBEE, ACCORDING TO THE (PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 191 AND THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 7r" AVENUE (f/k/a OKEECHOBEE AVENUE) FOR A DISTANCE OF 223.93 FEET FOR POINT OF BEGINNING; THENCE CONTINUE SOUTH ALONG SAID EAST BOUNDARY LINE OF BLOCK 191 AND THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 7r" AVENUE (f/k/a OKEECHOBEE AVENUE) FOR A DISTANCE OF 76.17 FEET TO A POINT ON AN EXTENSION WEST OF SOUTHWEST 6r" STREET (f/k/a THIRD STREET); THENCE RUN WEST ALONG SAID EXTENSION OF SOUTHWEST 6r" STREET (f/k/a THIRD STREET) FOR A DISTANCE OF 200.00 FEET; THENCE RUN NORTH PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF SAID SOUTHWEST 7r" AVENUE (f/k/a OKEECHOBEE AVENUE) FOR A DISTANCE OF 76.17 FEET; THENCE RUN EAST FOR A DISTANCE! OF 200.00 FEET TO THE POINT OF BEGINNING. LYING IN AND COMPRISING A PART OF THE ABANDONED FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY AND NORTH CURVE STREET, OKEECHOBEE COUNTY, FLORIDA. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Light Commercial (CLT) to Residential Multiple -Family (RMF). SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty-one (31) days after its adoption if the associated Comprehensive Plan Amendment (17-002-SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 20th day of June, 2017. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 18th day of July, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: Dowling R. Watford, Jr., Mayor John R. Cook, City Attorney Ordinance No. 1155 Page 2 of 2 City of Okeech` . 99��' General Depa�mefrN3.pQ�0 Date: -5- Petition No. j 7- b& _ (� Fee Paid: -% Jurisdiction: Services 250,D0 CIC�a n CC 1 Hearin 5 2" Hearin ' g -1?-17 g: &-ag E 55 S.E. 3 Avenue, Room 101 Okeechobee, Florida 34974-2903 Publication Dates: P8, 4/301W.51joliq Phone: (863) 763-3372, ext. 218 Notices Mailed: Jr--3-17 Fax: (863) 763-1686 :,`.`,".FC `5"-�Ft''" t- �? �+^ f `"Z"` .its.. r Y-.F,-r �n i 2 c .. �.,. ----r--,:.� -.. y,.r •, r.�,�..,-*r,. , c ,.�= a_ , a , z yRezone, Special ExceptionFand Variance 2^y,^S•, rtPt�'?v}ty C 1+-�bKL.h�- -I y..•1. �;�xAPPLI_CANTINFOR MATIO.Nszs`�.,� �- �JIZ�A,}0- y Name of property owner(s): 1© M A-P-\� Q.F>%}D , 2 Owner mailing address: "-4 d L f Suj j o bep VL. 3 ti Y 3 Name of applicant(s) if other than owner 4 Applicant mailing address: b �e,+ ID ee -FL 3q E-mail address: r\1'Pe v2.2cic,\ 0 A, 0L , co rti 5 Name of contact person (state relationship):. *40 �►� P 6 Contact person daytime phone(s) 3 OS Z Z -'Co 4- r v.-^sr ma's^ {'','c ;.t i t r--r a ter^ -T�• YR �v- 1 ...; ate"" y--�---�'.t�. 3 _ Property address/directions to property, 7©Z-{ Describe current use of property: Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. 3? c'� Q �v� z tc +-'QC irer312o�r� 3 bc�+t} 9 ( c?V-e.e5-44o we_ t9R �-� �A.,�4o/Z ��1� Sou of potable water: -Method of ewage disposal: 10 Approx. acreage: Is property in a platted subdivision? N C) Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: 11 NO 12 Is a pending sale of the property subject to this application being granted? Describe uses on adjoining property to the North: 13 North: East: South: West: Existing zonin ,' Lure Land use classification: Have there b n any rezoning, special exception, variance, or site plan -approvals on the 14 15 prior If date, of approval. property? (No (_Yes. yes provide petition number and nature 16 Request is for: Co Rezone (_) Special Exception Variance 17 Parcel Identification Number: 3 -- 0 1 - 3 -4 - 3 - 0C-9 2� - OZ 510 -D1 Zd (Rev 09/14) Page 1 of 11 �I M u L FA 18 Applicant's statement of interest in property: Owner Non-refundable application fe Rezoning: $850 lus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: ��bve a ©t (p Notarized letter of consent from property owner (if applicant is different rom property owner) 21 Three property surveys (one no larger than 11x17) containing: 22 ra Certified boundary survey, date of survey, surveyor's name, address and phone number (b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee (Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signat r Printed Name Date dA- 2) 4- For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 (Rev 09/14) Page 2 of 11 �rrr xADDITIONSL INF,ORIViATION;REQII- -m FOREA_TtEZONiNG A Current zoning classification: eYj_ mf Squested zoning classification ! � 2s JeAj+�4 L pv Describe the desired permitted use and intended nature of activities and d velopment of t6e-property? B _ .es 16 (a NAB � L I" -e- `gyp (-x - - - - Is a Special Exception necessary for your intended use? No C_) Yes If yes, briefly describe: C Is a Variance necessary for your intended use? No (_) Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. i LS ke 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. le 3. The proposed use will not have an adverse effect on the public interest. a OIL eNo -��v2 r I l7uQ �2 �5 a(( 4noJ,-%� A me 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. � QQ C� \ � � � 1 � � rl� W14. ��-� �l n3 tS ,>- 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (Rev 09/14) Page 6 of 11 I Findings required for rezoning or change in land development regulations (cont.) 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services No 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Alo 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. (Rev 09/14) Page 7 of I I 44- IN4 mmullett n TITLE- 11111111 Hill Hill 11111111111111111111111111111111 This Instrument Prepared by: FILE L gE, � H 7 7 iO20 G 6 673 9 2? J.J. Gullett GULLETT TITLE, INC. SHARON ROBERTSON. CLERK. OF CIRCUIT COURT OKEECHOBEE COUHTYP FLORIDA 401 Saint Johns Avenue RECORDED 02/02/2016 04:37:30 PM Palatka, Florida 32177-4724 ANT $85Y000.00 RECORDING FEES $18.50 Property Appraisers Parcel Identification (Folio) Numbers: DEED DOC. $595.00 3.21.37.35.0020.02510.0120 RECORDED BY h Pinon P9s 673 - 674; (2 css) SPACEABOI/E THIS LINE FOR RECORDING DATA SPECIAL WARRANTY DEED THIS INDENTURE made and executed this 29th day of January, 2016 by TD BANK, National Association, existing under the laws of The United States of America hereinafter called Grantor, and 110 MARION ROAD, INC., a Florida corporation, whose post office address is: P.O. Box 453511, Miami, FL 33245, hereinafter called the Grantee: (Wherever used herein the term grantor" and "grantee" include all the parties to this instrument and the heirs. legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the Grantor, for and in consideration of the sum of Eighty -Five Thousand and 00/100 ($85,000.00) Dollars and other good and valuable considerations in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said Grantee the following real property situate in the County of OKEECHOBEE, State of Florida, to wit: '/ec�—� PARCEL I: Commencing at the Northeast corner of Block 191, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, thence run South along the East boundary line of said Block 191 and the West right-of-way line of S.W. 7th Avenue (Okeechobee Avenue) for a distance of 300.10 feet to 4oint on an extension West of S.W. 6th Street (3rd Street); thence run West along said extension of S.W. 6th Street (3rd Street) for a distance of 200.00 feet for a J POINT OF BEGINNING; thence continue West along the North boundary line of S.W. 6th Street (3rd Street) a distance of 50.00 feet; thence run North parallel with the West right-of-way line of said S.W. 7th Avenue`a distance of'/76.17 feet; thence run East parallel with the North right-of-way line of S.W. 6th Street a distance of 50.00 feet; thence run South a distance of 76.17 feet to the POINT OF BEGINNING. Lying in and comprising a part of the abandoned Florida East Coast Railroad right-of-way and South Curve Street, Okeechobee County, Florida. PARCEL II: Commencing at the Northeast comer of Block 191, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, thence run South along the East boundary line of said Block 191 and the West right-of-way line of S.W. 7th Avenue (Okeechobee Avenue) for distance of 223.93 feet for POINT OF BEGINNING; thence continue South along said East boundary line of Block 191 and the West right-of-way line of S.W. 7th Avenue (Okeechobee Avenue) for a distance of 76.17 feet to a point on an extension West of S.W. 6th Street (3rd Street); thence run West along said extension'of S.W. 6th Street (3rd Street) for a distance of 200.00 feet; thence run North parallel with the West right-of-way line of said S.W. 7th Avenue for a distance of 76.17 feet; thence run East for a distance of 200.00 feet to the POINT OF BEGINNING. Lying in and comprising a part of the abandoned Florida East Coast Railroad right-of-way and North Curve Street, Okeechobee County, Florida. For identification purposes only, property address: OREO ID #: FILE x.:G43395 Page 1 of 2 r - - I---r rr1 - _. - n-n / 1-& l.ilnnA 11 nn r\rinn M--..-. A - .0 n VIM Special Warranty Deed TD Bank Page 2 of 2 704 SW 6th Street Okeechobee, FL 34974 Subject to all easement, rights -of -way, exceptions, covenants, conditions, restrictions, encroachments, reservations, encumbrances, access limitations, and all other matters or conditions affecting the Property of record (including all objections Seller has dedined to cure and Purchaser has waived). TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights, members and appurtenances thereof, the same being, belonging or in anywise appertaining, to the only proper use, benefit and behoof of the said Grantee, forever in fee simple. AND THE SAID Grantor will warrant and forever defend the right and title to the above -described property unto the said Grantee against the lawful daims'and demands of all persons claiming by, through or under the above -named Grantor, but against none other. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal this day and year first above written. ESS Printed Name: (�o/ ,f a ss Printed Name: STATE OF SOUTH CAROLINA COUNTY OF GREENVILLE TD BANK, National Association By: Katie E. Collins, Assistan Vice President PO Box 9540, Portland, ME 04112-9540 The foregoing in 41 was acknowledged before, the undersigned Notary Public of the State and County aforesaid, this ay of January, 2016 by Katie E. Collins, Assistant Vice President whom personally appeared and proved to me to be the on the basis of satisfactory proof, the person who executed the foregoing instrument on behalf of TD BANK, National Association. WITNESS my hand and official seal at office thissC day of January, 2016. `��NIA•� � 4 i1 My Commission Expires: OREO ID #: Page 2 of 2 . -L .• Y i2 My �t = CommiWon � EVIrea Public "n/2026 // CARA" FILE #.: G43395 ❑-1,77r)/0 --r-7A !'`cn1fF7n-1 12nnn01)tI o. __ 0 _-F 0 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): i 1 Q Iv `CAr 1 Del 03 1 �'3 C, Mailing Address: --7 8q aAj LoVo Skre e, ' DYV—' �jbee- EL. , 4 Home Telephone: 3o 5 `tea -7foyrWork: Cell: Property Address: "iDL} ei>" Ukn rA-cee-* OY)eeChb%e_ FL.. 3k Parcel ID Number: 3 a ( - 3 -7 3 5; - oo a o -- G�;l E; ( O O a Name of Applicant: 4e ll` 0 J r e' r"a Home Telephone: '36 5 9 )Q %tigsWork: Cell: The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS REOF THE SIGNED HAVE SET THEIR HAND AND SEALS THIS 0�� DAY OF '� 2-1A Aq - - �h ' 0 (} �J V, �� WITNESS OWNER WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above an Mrn t texecuted the power of attorney for the purpose stated therein. Sworn and subscribed this 2MY of 201-7. �AV � Notary Public State of Florida Notary Pub SEAL Christian Nicole Johns +�av My Commission GG 019282 Commission es: Q �tapd' Expiresoaro8/2020 (Rev 3/5/15) Page 5 of 11 Detail by Entity Name "" Page 1 of 2 Florida Deoarlmeot of Stale DIvisiom OF CORPORATIOPIS ep Department of State f Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Profit Corporation 110 MARION ROAD, INC. Filina Information Document Number P12000049045 FEI/EIN Number 81-2442525 Date Filed 05/29/2012 Effective Date 05/27/2012 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 01/07/2015 Event Effective Date NONE Principal Address 280 WEST PARK DRIVE, #106 MIAMI, FL 33172 Changed: 01 /07/2014 Mailing Address P.O. BOX 453511 MIAMI, FL 33245 Changed: 01/07/2015 Registered Agent Name & Address GREG K GONZALEZ, CPA, P.A. 1450 MADRUGA AVENUE, SUITE 306A CORAL GABLES, FL 33146 Address Changed: 01/07/2015 Officer/Director Detail Name & Address Title P PEREDA, HELIO JOHN 280 WEST PARK DRIVE #106 MIAMI, FL 33172 http://search.sunbiz.org/lnquiry/CorporationSea.rchISearchResultDetail?inqui... 4/5/2017 PARCEL NUMBER OWNER -NAME ADDRESS-1 ADDRESS-2 CITY -NAME ST ZIPCODE 2-21-37-35-OA00-00006-0000 OKEBOCO LLC 301 S NEW YORK AVE STE 200 WINTER PARK FL 327894273 2-21-37-35-OA00-00013.0000 DIOCESE OF PALM BEACH ATTN REAL ESTATE DEPT P 0 BOX 109650 PALM BEACH GARDENS FL 334100000 3-21-37-35-0020-02510-0010 A CHILD'S WORLD CHILDCARE & PRESCHOOL INC 703 SW 6TH ST OKEECHOBEE FL 349744288 --3-15-37-35-0010-01970-0010 OKEECHOBEE COUNTY SCHOOL BOARD Afln'. (7EnKencoorlh�/,Sarerin-Iendent moaodndAve OKEECHOBEE FL 3497,Z4 3-15-37-35-0010-01920-0100 HAMRICK SARAH REGINA REVOC TRU P O BOX 837 OKEECHOBEE FL 349730000 3-15-37-35-0010.01920-0070 UNDERWOOD WILLIAM L & KELLEY A 615 SW 5TH ST OKEECHOBEE FL 349744258 3-15-37-35-0010-01910-0010 SPRADLEY RUTH G & NEMEC GALE B %NEMEC CHILDREN'S TRUST 608 HARBOUR POINTE WAY GREENACRES FL 334130000 3-15-37-35-0010-01920-0040 A 615 SW 5TH ST OKEECHOBEE FL 349744258 3-15-37-35-0010-01920-0010 SCHOOLEY KEVIN L & DEBORAH S 4824 US HIGHWAY 441 SE OKEECHOBEE FL 349742341 2-21-37-35-OA00-00006-0000 ALTOBELLO FRANK CHARITABLE REMAINDER TRUST 111, ETAL. P O BOX 417 OKEECHOBEE FL 349730417 3-15-37-35-0010-01900-0010 6PR kOLE-Y-RbTH-G-"EMEC-GALE'B %NEMEC CHILDREN'S TRUST 608 HARBOUR POINTE WAY GREENACRES FL 334130000 3-21-37-35-0020-02510-0130 SERAE)L-E-Y-R14T+W3, 1QEMSCMAI -g %NEMEC CHILDREN'S TRUST 608 HARBOUR POINTE WAY GREENACRES FL 334130000 NO- (flol)-R- o� Coun�l P,bpfk-t( j r Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three. hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of (dale) f A circh 281 2 0 1-7 and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this jUl n v c VN 2 o t -7 Signature of Applicant -3- Veiz-el Name of Applicant (printed or typed) State of Florida County of Okeechobee day of 3 ;2 1 a0 Date Sworn to and subscribed before me this -day of �M QY ( �� 1 Personally known to me or produced _-PLc 3O -'M U6 63 O as identification and did not take an oath. Seal: Y Notary Public State of FloridaChrislian Nicole JohnsMy Commission GG 019282Expires 08/08/2020 (Rev 09/14) Page 3 of 11 cm - BOUNDARY SURVEY PREPARED FOR 110 MARION ROAD, INC. , OESCRTPRON.• PRO..ECT S MRC N2MI PARYIl L CYRYYENONL Al ME NOR ST LYWYR OF BLLY]Y 191, LYI -C.% ALCYIOJMG /D THE RAT 1) WM 9 W ORY WSE ALL D/NEN9 ARE DEU D) ANO YFASURED(N). 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A R5l Lr 9DM FFF/.' ]D BE/R SLYJM 00D9 A.9' EAST. ,) RRS 51/R{£Y lS NOT MRNLHD lD OFP/CT.fMISLYCIIGWAG AREAS CR OMER AREAS r Z I/AEIYCi RUN SgUM A 0/STANCE 0r lGr AS R) INE PdNT r_BE_WAY ¢ CIA'OW ANO LYsmM ,L A PART CY ME ABANOCWFD RD0'OA EAST (YJAST RAl[ROAD Podlr Gr-WAY AND SGR/M LVRN' SMFFT, 8) LOCAL Gam! $I B) SURtf1F1P MAS NOT PROCIDED NUN ANY RRE MFARYADCW R1F RBS PAR[EL GYEECNDBEE GLY/NP; RDYO.t SURt£)TA] ASSUNES NO RESFCII'3]BR/TY OR UABR/Il' fUP RK ADCY/RACY EA4LAVT yyy PARCEL. IL DGWYE O AT THE NCRMEAS! C'CWNIX CE' BLOGA' l9/, CNFEOYDEEE ACYgFRNG M ME RAT 0 0MEN5'LRS PAR /A:REQV, MERE MAY BE ORIEX EASEYEN/S Lw RESTA/C12W5 MAT B i EFFECT HRS PARCEL MFTIEO� RELYISOED M RAT BOCW S PAC£ S FUBNO REcaws LY; 614EfHD6EE CLYMYI; RLIRIDA; IT/ENCE RUN SCWM KLWL ME EAST BCYMOARY NNE w — A— 1w ANB w NEST RRy/T-C -WAY NNE LW 9) — A/ — CEP/LTED /RRE GS NOT C1]NBiED BY PRVES . 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Rb&DA uruam Ik E6gg3L1 wunm P wee` r...s w.•m ra Absa i8 Yv ..a�mc YO° 4 _____ __ar _________ of •6 \k PREPARED FOR 7NE EXCLUS/Y£ USE DF - { � _ � � i LID NARHM ROAR LNG F % i ••�'va 1 r n».,® ____...a�,___$ ---------- so sA.ewRY YH i�� ...wn•. ,. � - _ Ropoumj I TRADEWINDS SURVEYING SERVICES, LLC. REN9E U— DESLWP1NlN M 4 ) N A YN: NAB •-s a(Ne c•rI -rew rya (a a Grl ses�r� �y,eyvytl y a„Iwy .p�.b.a .w y,.� v.,� wyy 200 S.H. 3rd Avenue /1 /t (N�TMiA..� x.e�. mE b m.»,.0 q Na .awao b ea q auwa »t wd�r nom.a ocee.bebe•. n. sAB]a RENSE sE Bot9 y eoRNER DS/OB/17 32)/n a:� er'«l_": ` �m BDU(IDMY AIRVEY OS N ) 32722 YR: NAB �riar�artnwrra�«oA+�w:s .e °' Faa: 8H9 )B9-A942 .: n .« ,»» �. ��. w.Aau« »,w;.menY .«ia al a^>1 a ( ) EoarlRw EHr: aD e a a R. at r x wr teH.'w .a.., as ewrr wa amw. Bmell: teb.(wpa®Iebm.com nia, eRaxws muArcx n..wt.ew, raya ,aerae � .. !w .�.�, ... vro+'.e u, ceaaanc..im mnim. ue��n ,tmaN. amui�« q n. noose LV .�, M Staff Report Rezoning Request Prepared for. - Applicant. Petition No.: t Planning & Management Services, Inc. 1375 Jackson Street, Suite ZXf Fort Myers, Florida 239-334-3366 Serving Florida Local Governments Since 1988 The City of Okeechobee 110 Marion Road, Inc. 17-002-R (704 SW 6tn Street) 0 Staff Report Rezoning [General Information Owner Applicant Site Address Contact Person Contact Phone Number Contact Email Address 0 71711 DIT-Tel I I al 4 fal i. Legal Description: Applicant's Name: 110 Marion Road, Inc. Petition No. 17-002-R 110 Marion Road, Inc. 704 SW 6th Street Okeechobee, FL 34974 Helio J. Pereda 704 SW 6th Street Okeechobeo,FL 34974 704 SW 6th Street Okeechobee, FL 34974 Helio J. Pereda 305-922-7645 johnpereda(_)aol.com Parcel Identification Number: 3-21-37-35-0020-02510-0120 Legal Description: PARCEL I: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 191, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 191 AND THE WEST RIGHT-OF-WAY LINE OF S.W. 7TH AVENUE (OKEECHOBEE AVENUE) FOR A DISTANCE OF 300.10 FEET TO A POINT ON AN EXTENSION WEST OF S.W. 6TH STREET (3RD STREET); THENCE RUN WEB;T ALONG SAID EXTENSION OF S.W. 6TH STREET (3RD STREET) FOR A DISTANCE OF 200.00 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE WEST ALONG THE NORTH BOUNDARY LINE OF S.W. 6TH STREET (3RD STREET) A DISTANCE OF 50.00 FEET; THENCE RUN NORTH PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF S.W. 7TH AVENUE A DISTANCE OF 76.17 FEET; THENCE RUN EAST PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF S.W. 6TH STREET A DISTANCE OF 50.00 FEET; THENCE RUN SOUTH A DISTANCE OF 76.17 FEET TO THE POINT OF BEGINNING. LYING IN AND COMPRISING A PART OF THE ABANDONED FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY AND SOUTH CURVE STREET, OKEECHOBEE COUNTY, FLORIDA AND Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: 110 Marion Road, Inc. Petition No. 17-002-R PARCEL II: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 191, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 191 AND THE WEST RIGHT-OF-WAY LINE OF S.W. 7TH AVENUE (OKEECHOBEE AVENUE) FOR A DISTANCE OF 223.93 FEET FOR POINT OF BEGINNING; THENCE CONTINUE SOUTH ALONG SAID EAST BOUNDARY LINE OF BLOCK 191 AND THE WEST RIGHT-OF-WAY LINE OF S.W. 7TH AVENUE (OKEECHOBEE AVENUE) FOR A DISTANCE OF 76.17 FEET TO A POINT ON AN EXTENSION WEST OF S.W. 6TH STREET (3RD STREET); THENCE RUN WEST ALONG SAID EXTENSION OF S.W. 6TH STREET (3RD STREET) FOR A DISTANCE OF 200.00 FEET; THENCE RUN NORTH PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF SAID S.W. 7TH AVENUE FOR A DISTANCE OF 76.17 FEET; THENCE RUN EAST FOR A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. LYING IN AND COMPRISING A PART OF THE ABANDONED FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY AND NORTH CURVE STREET, OKEECHOBEE COUNTY, FLORIDA. Request The matter before the Local Planning Agency and City Council is an application to rezone an 1 8,992-square foot property, on which is located a single-family dwelling, from CLT, Light Commercial to RMF, Multi -family Residential. The property is also the subject of a concurrent Small Scale Development Activity Amendment (17-002-SSA) from Single -Family Residential to Multi -Family Residential on the Future Land Use Map (FLUM). The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 7 through 9. Current Future Land Use, Zoning and Existing Land Use Characteristics Future Land Use Category Zoning District Use of Property Acreage Existing Single -Family Residential CLT, Light Commercial Single-family residential 18,992 sf (0.44 ac.) Proposed Multi -Family Residential RMF, Multi -Family Residential Multi -family residential 18,992 sf (0.44 ac.) Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: 110 Marion Road, Inc. Rezoning Petition No. 17-002-R Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future Land Use Map Classification North Zoning District Existing Land Use Future Land Use Map Classification East Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Analysis Single Family & Multi -Family Residential RMF, Multi -family residential Vacant Single -Family Residential to the east and Public Facilities to the southeast RMF, Multi -family residential to the east and Pub, Public Facilities to the southeast Vacant land to the east and Central Elementary School to the southeast Commercial RMF, Multi -family residential Child care facility Multi -Family Residential RMF, Multi -Family Residential Vacant Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided brief comments to each of the required findings. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Aria[ typeface. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "No, it is not. Area was rezoned single-family property zoning commercial is no longer available." Staff Comment: This rezoning application is accompanied by a concurrent request (17-001-SSA) to designate the subject property Multi -Family on the Future Land Use Map (FLUM). Staff has found the proposed change to be consistent with the Comprehensive Plan and has recommended approval. A few years ago, the property was discussed at a Planning Board work session dealing with this and other inconsistencies between the Comprehensive Plan and the Zoning Map. At that time, the Board was in favor of changing the FLUM to Multi -Family and rezoning the property to RMF. We still believe this to be the most appropriate action. Serving Florida Local Governments Since 1988 i� Staff Report Rezoning Applicant's Name: 110 Marion Road, Inc. Petition No. 17-002-R 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. " "Yes, Zoning is single and multi -family." Staff Comment: The property has been, and is currently, a single-family home. The Applicant intends to use the property for multi -family residences, which is a principal permitted use the RMF Zoning District 3. The proposed use will not have an adverse effect on the public interest. "No, there are single family, duplexes all around me." Staff Comment: The proposed change to both the FLUM and Zoning Map will ensure compatibility between the two documents and will be compatible with surrounding properties and have a positive effect on the surrounding area and the public interest in general. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "Yes, all in conjunction with City Planning." Staff Comment: Although vacant, the properties to the immediate north and east of the subject property are designated Multi -Family on the Future Land Use Map (FLUM). The properties to the east are Single -Family on the FLUM. The property to the south across SW 6th Street is designated Commercial on the FLUM, zoned RMF and is the site of a childcare center. To the west of the child care facility is a Church which is designated Single -Family on the FLUM and Zoned RSF1. To the southeast is the Elementary School. Although designated Single -Family on the FLUM and largely developed in single-family use, the residential area directly east across SW 7th Avenue is zoned RMF. Given its immediate surroundings, the subject property is suitably located for multi- family use and compatible with surrounding uses. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "No, there is a need for residential and there are homes all around me." Staff Comment: The proposed multi -family use will be reasonably compatible with nearby developed single-family uses to the east and the potential multi -family development of vacant properties to the east. Therefore, one would not expect limited multi -family development on the subject property to adversely affect property values or living conditions on adjacent or nearby properties. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: 110 Marion Road, Inc. Petition No. 17-002-R 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "Yes." Staff Comment: The modest multi -family development potential of the subject property will not require a buffer to the single-family properties across SW 7th Avenue. Similarly, no buffering will be needed for the vacant multi -family zoned properties to the east or the childcare center to the south. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "No." Staff Comment: Maximum allowable density is four units per acre (five if the units qualify as affordable housing). The addition of just three dwelling units will not overburden any public facilities or create an inappropriate density pattern in the area. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "No." Staff Comment: The addition of just three dwelling units will not create traffic congestion, overburden any public facilities, or create an inappropriate density pattern in the area. If new construction is involved, it will be required to provide drainage for any increase in potential stormwater runoff. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "No." Staff Comment: We agree. Recommendation Based on the foregoing analysis, and assuming the Application 17-002-SSA to change the land use designation on the FLUM to Multi -Family Residential is approved, we find the requested rezoning to RMF to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's rezoning request. However, if the foregoing amendment to the FLUM (17-002-SSA) was not approved, the rezoning request would be inconsistent with the Comprehensive Plan and should also be denied. Serving Florida Local Governments Since 1988 Staff Report Rezoning Submitted by: v _ Wm. F. Brisson, AICP Sr. Planner May 8, 2017 Applicant's Name: 110 Marion Road, Inc. Petition No. 17-002-R Planning Board Public Hearing: May 18, 2017 City Council Public Hearings: June 20, 2017 and July 18, 2017 (Tentative dates) Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use, Subject Site & Environs Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: 110 Marion Road, Inc. Petition No. 17-002-R FUTURE LANID USE SUBJECT SITE AND ENVIRONS `�j J ` VV 4th St. FFI I I- 1-� =1 i COWREHENSIVE PLAN LAUD USE SPNGLE - FAMILY MULi- FAMILY COMMERCIAL i !NDUSTR,AL `- PUBLIC FACILITIES RESIDENTIAL MIXED USE Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: 110 Marion Road, Inc. Rezoning Petition No. 17-002-R ZONING SUBJECT SITE AND ENVIRONS IWF Q rill 1 t � I ■ ZONING i C80 -COMM BUSINESS DISTRICT . CHV - HEAVY COMMERCIAL . CLT - LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE H - HOLDING IND - INDUSTRIAL PUB - PUBLIC FA unES PUD-MIXED PU" i RMFRESIDENTIAL MULTiFAVIL' RMH - RESIDENTIAL MOBILE HOME RSFI -RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY 4-- - 8 Serving Florida Local Governments Since 1988 Em Staff Report Applicant's Name: 110 Marion Road, Inc. Rezoning Petition No. 17-002-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS SW tTH ST M. Serving Florida Local Governments Since 1988 E�, CITY OF OKEECHOBEE PLANNING BOARD CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR MAY 18, 2017 PAGE 1 OF 5 AGENDA ACTION - DISCUSSION - VOTE I. CALL TO ORDER - Chairperson. Regular Meeting, May 18, 2017, 6:00 P.M Chairperson Hoover called the May 18, 2017, regular meeting to order at 6:01 P.M. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Alternate Board Member William O'Brien Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. AGENDA - Chairperson. A. Requests for the addition deferral or withdrawal of items on today's agenda by Staff, Board Members or the Public. IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and Appeals Action for the February 16, 2017, regular meeting. Board Secretary Bumette called the roll: Present Present Present Present Present Present Present Present Present Absent Present Present Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There being none the agenda stands as published. Member McCoy moved to dispense with the reading and approve the Summary of Board Action for the February 16, 2017, regular meeting; seconded by Member Jonassaint. There was no discussion on this item. VOTE HOOVER - YEA MCCOY-YEA BATTON - YEA BAUGHMAN-YEA BRASS - YEA JONASSAINT - YEA MCCREARY - YEA KEEFE - NIA O'BRIEN - N/A MOTION CARRIED. MAY 18, 2017 - PLANNING BOARD - PAGE 2 OF 5 AGENDA ACTION - DISCUSSION - VOTE A. Reading of Form 8B Memorandum of Voting Conflict for Municipal Public Officers related to Variance Petition No. 17-002-V on February 16, 2017. VI. OPEN PUBLIC HEARING - Chairperson. A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17-002-SSA, from Single Family Residential to Multi -Family Residential, 0.44± acres, 704 Southwest 6"' Street (Exhibit 1). 1. Review Planning Staff Report - recommending approval. 2. Hear from the property Ownerordesignee/agent-Hello Pereda, President of 110 Marion Road, Inc. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex-Parte Communications by the Board. 5. a) Consideration of a recommendation to the City Council to approve or deny the Application. Secretary Bumette read into the record Form 813 Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers related to Variance Petition No. 17-002-V which was received on February 16, 2017, and filed by Board Member Elbert Batton, address 2152 Southwest 181^ Lane, Okeechobee Florida, and made a part of the official record filed in the permanent Minute File for this meeting. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:05 P.M. Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 17-002-SSA, is being requested by the applicant, Mr. Helio Pereda, President of 110 Marion Road, Inc., to change the classification from Single Family Residential (SF) to Multi -Family Residential (MF) on 0.44± acres, located at 704 Southwest 6t^ Street, Planner Bdsson reviewed the Planning Staff Report and explained the application is for a rectangular parcel encompassing about 18,992 square feet of land, and is also the subject of a concurrent Rezoning Petition (17-002-R), from Light Commercial (CLT) to Residential Multiple Family (RMF). The applicant intends to use the property for residential rental property. Planner Bdsson recommends approval, based on the findings within the Planning Staff Report (listed in Item 5.a.). Mr. Pereda was present and explained his intended use of the property is for a duplex, one side having four bedrooms and two and a half bathrooms and the other side three bedrooms and two bathrooms. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the Application, There were none stated. Planning Staffs findings are as follows: The application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the Future Land Use Element. Although vacant, the properties to the immediate North and East of the subject property are designated MF on the FLUM. The property to the South across Southwest 61, Street is designated Commercial on the FLUM, zoned RMF and is the site of a childcare center. To the West of the childcare center is a Church, which is designated SF on the FLUM and zoned Residential Single Family One (RSF-1). To the Southeast is an elementary school. Although designated SF on the FLUM and largely developed in single-family use, the residential area directly East across Southwest Th Avenue is zoned RMF. Given its immediate surroundings, the subject property is suitably located for multi -family use and compatible with surrounding uses. There will be no significant change in traffic levels between the current maximum of two single-family units and the MAY 18, 2017 - PLANNING BOARD - PAGE 3 OF 5 AGENDA ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING ITEM CONTINUED. A. 5. a) Consideration of a recommendation to the City Council to approve or five multi -family units that could potentially be constructed should the application be approved. Based on the deny Application No. 17-002-SSA continued. Institute of Traffic Engineers traffic generation rates, a single-family home will generate 1.01 trips in the peak hour and a multi -family apartment will generate 0.62 trips. Both the current development potential and that allowable should the amendment be approved will result in an insignificant increase in demand for potable water and sanitary sewer treatment. The existing developed site contains no environmental sensitive areas, wildlife habitat, unsuitable soil conditions, or susceptibility to flooding. b) Board discussion. c) Vote on motion. QUASI-JUDICIAL ITEM: B. Rezoning Petition No. 17-002-R, from Light Commercial to Residential Multiple Family, 0.44± acres, 704 Southwest 61h Street, proposed use is for residential rental property (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 17-002-R will be required to take an oath, respond, and give your full name and address) — Board Secretary, 2. Review Planning Staff Report— Recommending approval. A motion and second was offered by Members Brass and Batton to recommend approval to the City Council for Comprehensive Plan Small Scale FLUM Amendment Application No. 17-002-SSA, from SF to MF on 0.44± acres, located at 704 Southwest 6r^ Street and find it to be consistent with the Comprehensive Plan based on the findings within the Planning Staff Report. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER -YEA MCCOY-YEA BATTON - YEA BAUGHMAN-YEA BRAss-YEA JONASSAINT - YEA MCCREARY - YEA KEEFE - NIA O'BRIEN -NfA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for June 20, 2017, 6:00 P.M. Rezoning Petition 17-002-R is being requested by the applicant, Mr. Hello Pereda, President of 110 Marion Road, Inc., to rezone from Light Commercial (CLT) to Residential Multiple Family (RMF) 0.44± acres, located at 704 Southwest 6" Street, proposed use is for residential rental property. This being a quasi-judicial proceeding, Notary Public Patty Bumette administered an oath to those intending to offer testimony; all responded affirmatively and stated their name and address for the record: Bill Brisson, Senior Planner, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida. Chairperson Hoover yielded the floor to Planner Brisson to present the item. He explained the Petition has a related Small Scale FLUM Amendment (No. 17-002-SSA). Should the City deny the FLUM change to MF, the rezoning to RMF would be inconsistent and should therefore not be approved. He further explained that currently there is some inconsistencies between the City's FLU and Zoning Maps as the current FLU is SF and the zoning is CLT. Changing both these documents will ensure compatibility between the two. Currently, a single-family dwelling is located on the 18,992 square foot parcel; the previous use was a childcare center. 11 MAY 18. 2017 - PLANNING BOARD - PAGE 4 OF 5 AGENDA ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. B. 2. Review Planning Staff Report — Recommending approval for Petition No. Member McCoy inquired as to the use of a Migrant Housing Facility at this location, Planner Brisson responded under 17-002-R continued. the RMF Zoning District, a Special Exception would be required for a residential migrant housing facility. There were also minimum requirements that would be needed to obtain the Special Exception. 3. Hear from the Property Owner or designee/agent — Hello Pereda, President of 110 Marion Road, Inc. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary 5. Disclosure of Ex-Parte Communications by the Board. 6. a) Consideration of a recommendation to the City Council to approve or deny the Petition. Mr. Pereda was present and available for questions from the Board. There were none. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Secretary Bumette noted for the record the Petition was advertised in the local newspaper, two signs were posted on the subject property, and courtesy notices were mailed to nine surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. There were none. Planning Staffs findings are as follows: The proposed rezoning would be consistent with the Comprehensive Plan, should Application No. 17-002-SSA be approved. The applicant intends to use the property for multi -family rental property/residences which is a permitted use in the RMF Zoning District. The proposed use will not have an adverse effect on the public interest. The proposed changes to both the FLU and Zoning Maps will ensure compatibility between the two documents, will be compatible with surrounding properties, and will have a positive effect on the surrounding area as well as the public interest in general. Although vacant, the properties to the immediate North and East of the subject property are designated MF on the FLUM. The properties to the East are SF on the FLUM. The property to the South across Southwest 6th Street is designated Commercial on the FLUM, zoned RMF and is the site of a childcare center. To the West of the childcare center is a Church which is designated SF on the FLUM and zoned RSF1. To the Southeast is an elementary school. Although designated SF on the FLUM and largely developed in single-family use, the residential area directly East across Southwest 7th Avenue is zoned RMF. Given its immediate surroundings, the subject property is suitably located for multi -family use and compatible with surrounding uses. The proposed use would not be expected to adversely affect property values or living conditions on adjacent or nearby properties. The subject property will not require a buffer to the single-family properties across Southwest 7th Avenue. Similarly, no buffering will be needed for the vacant multi -family zoned properties to the East or the childcare center to the South. The proposed use will not create a density pattern that would overburden public facilities, create traffic congestion, or create an inappropriate density pattern in the area. Should new construction be involved, it will be required to provide drainage for any increase in potential storm water runoff. The proposed use has not been inordinately burdened by any unnecessary restrictions. A motion and second was offered by Members Baughman and Jonassaint to recommend approval to the City Council for Rezoning Petition No. 17-002-R, from CLT to RMF, on 0.44± acres, located at 704 Southwest 61, Street, for the proposed use of residential rental property. MAY 18, 2017 -PLANNING BOARD -PAGE 5 OF 5 AGENDA ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. B. 6. b) Board discussion for Petition No. 17-002-R. Chairperson Hoover asked whether there was any further discussion. There was none. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VII. ADJOURNMENT - Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records. Dawn T. Hoover, Chairperson ATTEST: Patty M. Bumette, Secretary VOTE HOOVER - YEA MCCOY-YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT - YEA MCCREARY-YEA KEEFE - NIA O'BRIEN - NIA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for July 18, 2017, 6:00 P.M. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:17 P.M. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:17 P.M. .r eA Okeechobeee*ews / F " ' IdJfJ 107 SW 17th Street, Suite D° ' ANDEPENDENT Okeechobee, )~ nda 34974 863-763 I_a4 NEWSMEDIA INC. USA AZ\ STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a �U4 I—(,,'t 1 in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Aff)ant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed be re me this day of O AD Notary Pubic, State of Florida at Large F QtlYWI ION, ANG1E BRIDGES *: MY COMMISSION # FF 976149 WIRES:AprA20 2620 Bondod Tiw ND ' • P ; ; '' taty PObfic I.!ndfntTitets PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeecho- bee, will conduct a Public Hearing on Tues,:Jul. 18, 2017, at 6 PM, or as soon thereafter possible, at City Hall, 55 SE.3rd Ave, Okeechobee, FL, to consider final reading for adoption of -the following Ordinance into law: No. 1155: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFTHECITY OF OKEE- RESIDENTIAL MULTIPLE -FAMILY ZONING DISTRICT (PETITION 1 0. 17-002-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT* PROVIDING FOR SEVERABILnY; PROVIDING FOR AN EFFECTIVE DATE. The Ordinance is regarding Rezoning Petition No. 17-002-R, submitted by Mr. Hello 3. Pereda on behalf of the property owner 110 Mahon Road, Inc., located at 704 SW 6Ih Street, and is approximately 0.44 acres. The pro- posed use is a residential home/duplex. LEGAL: (PARCEL I) COMMENC- ING AT THE NE CORNER OF BLOCK (BLK) 191, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK (PB) 5, PAGE (PG) 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN S ALONG THE E BOUNDARY LINE OF SAID BLK 191 & THE W RIGHT-OF-WAY (R-O-W) LINE OF SW 7TH AVE (OKEECHOBEE AVE) FOR A DISTANCE OF AD FT TO A POINT ON AN EXTENSION W OF SW 6TH ST (THIRD ST); THENCE RUN W ALONG SAID EXTENSION OF SW GTH ST FOR A DISTANCE OF 200.00 FT FOR A POINT OF BEGINNING; THENCE CONTINUE W ALONG THE N BOUNDARY LINE OF SW 6TH ST A DISTANCE OF 50.00 FT; THENCE RUN N PARALLEL WITH THE W R-O-W LINE OF SW 7TH AVE A DISTANCE OF 76.17 FT, THENCE RUN E PARALLEL WITH THE N R-O--W LINE OF SW 6TH ST A DISTANCE OF 50.00 FT; THENCE RUN S A DISTANCE OF 76.17 Fir TO THE POINT OF BEGIN- NING. LYING IN AND COMPRISING A PART OF THE ABANDONED FL EAST COAST RAILROAD R-O-W & S CURVE STREET, OKEECHO- BEE COUNTY, FLORIDA; TOGETHER WITH (PARCEL II) COMMENC- ING AT THE NE CORNER OF BLK 191, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PB 5, PG 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA;THENCE RUN S ALONG THE E BOUNDARY LINE OF SAID BLK 191 & THE W R-O-W LINE OF SW 7TH AVE FOR A DISTANCE OF 223.93 FT FOR POINT OF BEGINNING; THENCE CONTINUES ALONG SAID E BOUNDARY LINE OF BLK 191 & THE W R-O-W LINE OF SW 7TH AVE FOR A DIS- TANCE OF 76.17 FT TO A POINT ON AN EXTENSION W OF SW 6TH ST; THENCE RUN W ALONG SAID EXTENSION OF SW 6TH ST FOR A DISTANCE OF 200.00 FT; THENCE RUN N PARALLEL WITH THE W R-O-W LINE OF SAID SW 7TH AVE FOR A DISTANCE OF 76.17 FT, THENCE RUN E FOR A DISTANCE OF 200.00 FT TO THE POINT OF BEGINNING. LYING IN AND COMPRISING A PART OF THE ABAN- DONED FL EAST COAST RAILROAD R-O-W & N CURVE STREET, OKEECHOBEE COUNTY, FLORIDA. All members of the public are encouraged to attend and participate in said Hearing. The proposed ordinance may be inspected in its entirety by mem- bers of the public at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM-4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show, any document, picture, video or items to the Council in support or opposition to any item on the agenda, a copy of the document, picture, video, or item MUST be provided to the CityClerk for the City's records. 10141 Clerk Lane Gamiotea, CIVIC— ON 7/7/2017 Exhibit 2 ORDINANCE NO. 1156 July 18, 2017 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CORRECTING A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF ADOPTED ORDINANCE NO. 1152 CLOSING, VACATING AND ABANDONING THE RIGHT-OF-WAY DESCRIBED HEREIN, AND BEING A PORTION OF NORTHWEST 10T" AVENUE; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City received Abandonment of Right -of -Way Petition No. 17-001-SC from Jeremy LaRue, Manager of Total Roadside Services, LLC, property owner, for the closing of a certain right-of-way as described in this ordinance to utilize the property for future development; and WHEREAS, a review of such Petition No. 17-001-SC revealed that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said Petition, will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; and WHEREAS, upon recording Ordinance No. 1152, the legal description of the right-of-way was found to be in error. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: The right-of-way described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A 200-FOOT BY 60-FOOT PORTION OF NORTHWEST 10T" AVENUE (FORMERLY KNOWN AS PENSACOLA STREET) AS ORIGINALLY RECORDED IN THE TOWN OF OKEECHOBEE, PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, AND LYING EAST OF BLOCK 13, NORTHWEST ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 25, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SPECIFICALLY THE WEST 60-FEET OF THE 70-FOOT RIGHT-OF- WAY, LOCATED SOUTH OF NORTHWEST 8T" STREET (FORMERLY KNOWN AS 14T" STREET) AND NORTH OF NORTHWEST 7T" COURT (FORMERLY KNOWN AS SEABOARD AVENUE), NOT INCLUDING THE INTERSECTION OF NORTHWEST 7T" COURT AND 10T" AVENUE. THAT THE LEGAL DESCRIPTION PREVIOUSLY ADOPTED IN ORDINANCE NO. 1152 IS HEREBY RESCINDED. SECTION 2. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. This ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 20th day of June, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk Dowling R. Watford, Jr., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 18t'' day of July, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1156 Page 1 of 1 M ANDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a AusZ__eQ, in the matter of ' ' in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 7 / "an l`7 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertise /meent for publication in the said newspaper. —_/__ �� zP ,' Katrina Elsken Sworn to and sut�scribed bef e me this ` day of CI AD Notary Public 'State of Florida at Large oaP P�.• ANGIEBRK)GES = MY COMMISSION)€ FF 976149 :a = EXPIRES: Apd 20, 2020 Bw4W Thru Notary Public Under nitere �••Faiij 1Or iblY z Okeechob ews/° 107 SW 17th S -re , Suite Okeechobee, F al a 34974 863-763-3T� PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Co mcl of the City of Okeecho- bee, will conduct a Public Hearing on Tues, 3.1. 18, 2017, at 6 PM, or as soon thereafter possible, at Gty Hall, " SE 3rd Ave, Okeechobee, FL, to consider final reading for adoption of the following Ordinance into law: No. 1156: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CORRECTING A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF ADOPTED ORDINANCE N0: lylS CLOSING, VACATING AND ABANDONING THE RIGHT-OF-WAY DESCRIBED HEREIN, AND BE- ING A PORTION OF NORTHWEST LOTH AVENUE; AND DIREC ING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT - PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. All members of the public are encouraged to attend and participate in said Hearing. The proposed ordinance maybe inspected in its entirety by mem- bers of the public at the Office of the City perk during normal business hours, Mon -Fri, 8:00 AM-4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the Gty Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodabon to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you Intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda, a co pyy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. 'El Oe,k Lane Gamiotea, CMC Exhibit 3 RESOLUTION NO.2017-03 July 18, 2017 A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on July 18, 2017, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law, and WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating and apportioning solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, Ordinance No. 784 Section 2.08 thereof requires that prior to the adoption of an annual rate resolution that the City must enact a preliminary rate resolution, which includes the requirement of the City Administrator for the City of Okeechobee, to prepare an updated assessment roll; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2017, and said assessment is a non -ad valorem assessment; and NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08, Florida Statutes 197 and other applicable provision of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes a preliminary rate resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specific parcel or building. c. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. Resolution No. 2017-03 — Page 1 of 2 SECTION 3. DESCRIPTION OF SERVICES. The services, facilities and programs to be provided to the citizens of the City of Okeechobee for solid waste collection for the upcoming Fiscal Year include the continuation of a franchise with a solid waste company acceptable to the City for the provision of such services; for such company to provide the labor and equipment necessary to fulfill solid waste services; to provide receptacles for collection; to provide for scheduled and emergency pick up services; to provide for pick-up of white goods, trash and yard debris; and such other services customarily associated with such franchise services. SECTION 4. SOLID WASTE ASSESSED COSTS AND ESTIMATED RATES. It is determined that the solid waste assessed costs to be assessed for the upcoming Fiscal Year is the estimated sum of $405,695.76 and that this cost will be apportioned among customers at an estimated assessment rate for the upcoming Fiscal Year in the annual sum of $230.64. SECTION 5. UPDATING ANNUAL ASSESSMENT ROLL. That the City Administrator is directed to prepare an updated assessment roll for the Fiscal Year ending September 30, 2018, in the manner provided for in Ordinance No. 784. The updated assessment roll shall be certified on a compatible electronic medium with that of the Tax Collector, and shall post the non -ad valorem assessment for each parcel on the roll, to be presented to the City Council for adoption at an annual rate resolution, which shall be certified to the Tax Collector before September 15 of the current year. The City Council may make corrections or alterations to the roll up to 10 days prior to certification to the Tax Collector. SECTION 6. PUBLIC HEARING. The City Council authorizes and sets for public hearing the adoption of the annual assessment roll pursuant to Ordinance No. 784, Section 2.08, to receive public comment pertaining to adoption of the annual assessment roll on the following date and time, which shall be duly published by the City Clerk for the City of Okeechobee, Florida, to -wit: DATE: Tuesday, July 18, 2017 TIME: 6:00 p.m., or as soon thereafter as can be heard. PLACE: City Hall, 55 S.E. 3rd Avenue, Room 200, Okeechobee, Florida. The City Clerk is further directed to provide any supplemental or additional notice of adoption of the annual assessment roll as may be deemed proper, necessary or convenient to the City. SECTION 7. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 8. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, and then the balance thereof shall continue to remain in full force and effect. SECTION 9. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED at a Public Hearing held this 181h day of July, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Resolution No. 2017-03 — Page 2 of 2 1 INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 6l ill ao r-r Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed b re me this f� day of (7 AD Notary Public, State of Florida t Large •'�pV P, •'•• ANGIE BRIDGES W COMMISSION # FF 976149 -N: * FXPIRES:Apc220,2020 "''•:F'—'o" Bonded ThN Nohq Pubk Undswit9 s Okeechobe 107 SW 17th Sh Okeechobee, F� 863-763- WKes Aoi7-c3 A61-7-04 '1017-v5 En 11 P10yee aDoutine money he was instructed to E;day on the same felony charges. Their bonds e just take it, noted the report. were also set at $40,000 each. Both men are L Tho- whistleblower indicated he had al- `'residents of Miami. %._ ol NOTICE OF PUBLIC HEARING TO CONTINUE IMPOSITION AND PROVIDE FOR SOLID WASTE COLLECTION SPECIAL ASSESSMENTS Y PURSUANTTO FLORIDA STATUTES 197.3632, NOTICE IS HEREBY GIVEN by the City Council t of the City of Okeechobee, Florida, will conduct a Public Hearin to consider continuing a tY 9 9 the imposition of annual solid waste _collection special assessments for the provision of residential solid waste collection and disposal services within the incorporated area of the City of Okeechobee, Florida. t The Hearing will be held at 6:00 p.m., or as soon thereafter as possible, on Tuesday, July 18, 2017 in the Council Chambers, City Hall, 55 SE 3rd Avenue, Okeechobee, Florida, for t the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the City Council within twenty.(20) days of this notice. If a person decides to appeal any decision made by the City Council with respect to any matter considered at the hearing, such person will need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is based. City Clerk media are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA) of 1990 persons needing special accommodation to participate in this proceeding should contact the City Clerk's Office at 863-763-3372 for assistance. Copies of the Solid Waste Collection, Disposal and Assessment Ordinance No. 784 and all subsequent Assessment Resolutions are available for inspection at the Office of the City Clerk located at City Hall, 55 SE 3rd Avenue, Room 100, Okeechobee, Florida, Monday to Friday,`8:00 a.m. to 4:30-p.m. except holidays. The assessments are a non -ad valorem assessment and will be collected by the Tax Col- lector in the same manner as your ad:valorem tax bill, to be mailed in November 2017, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property, which may result in a loss of title. By: Dowling R. Watford, Jr., Mayor Attest: City Clerk Lane Gamiotea, CMC j Proposed Resolutions No. 2017-03 and 2017-04 Exhibit RESOLUTION NO.2017-04 July 7 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2017- 18; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on July 18, 2017, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law, and WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2017, and said assessment is a non -ad valorem assessment; and WHEREAS, the City has previously adopted a preliminary rate resolution for Fiscal Year 2017-18 which adopted an estimated assessment rate, and which set the matter for public hearing this date to consider adoption of the annual assessment; and NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08, Florida Statutes 197 and other applicable provision of law. SECTION 2. PURPOSE AND DEFINITIONS. This Resolution continues an annual rate resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specified parcel or building. c. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. Resolution No. 2017-04 - Page 1 of 3 SECTION 3. SOLID WASTE COLLECTION AND ANNUAL ASSESSMENT ROLL. a. It is hereby ascertained, determined and declared that continued imposition of an annual Solid Waste Assessment consistent with the maximum Assessment Rate schedule in Section 2.08 of Ordinance No. 784, and Resolution No. 01-08, and also as adopted as the preliminary rate resolution for Fiscal Year 2017-18 adopted by the City Council at a duly advertised hearing continues to be a fair reasonable method of allocating waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida. b. That the City Administrator has caused to be prepared the assessment roll for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018, in the manner provided for in Ordinance No. 784. The solid waste collection and disposal cost for which the solid waste collection and disposal assessment is intended to pay is $405,695.76. The cost shall be apportioned among the parcels of real property within the incorporated area of the City of Okeechobee, Florida as reflected on the assessment roll. c. It is hereby ascertained, determined, and declared that based upon the findings set forth in paragraph (a) and the solid waste collection and disposal cost described in paragraph (b), the Rate of Assessment for the 2017-18 Fiscal Year as set forth in Appendix A and attached hereto and incorporated herein to continue an increase in the Assessment Rate included in any notice previously provided to owners of assessable property pursuant to Ordinance No. 784, Resolution 01-8, and Chapter 197 Florida Statutes. d. That the Solid Waste Collection Assessment Roll as presented by the City Administrator is hereby approved and adopted for the 2017-18 Fiscal Year, and the chair of the local governing board, being the Mayor for the City of Okeechobee, Florida or his designee', shall certify this non -ad valorem assessment roll on compatible electronic medium to the Tax Collector for Okeechobee County, Florida by September 15, 2017, which roll shall contain the posting of the non -ad valorem assessment for each parcel. SECTION 4. ESTABLISH MAXIMUM RATE OF ASSESSMENT. That the rate of assessment set forth in Appendix A for the year 2017 is adopted as the rate of assessment for the 2017-18 Fiscal Year. The City of Okeechobee, through the chair or his or her designee, reserves the right to make such alterations to the assessment roll for up to ten days prior to such certification if errors or omissions are discovered in the roll. SECTION 5. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY. That if any portion of this Resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 7. EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED during a Public Hearing held this 18th day of Jam, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Resolution No. 2017-04 - Page 2 of 3 Appendix A The assessments will be computed by multiplying the rate of assessment by, the number of dwelling units for residential property uses. A single unit will be assessed on the following schedule: The amount to be levied in the year 2017: $230.64 The maximum amount to be levied in the year 2018: $242.17 The maximum amount to be levied in the year 2019: $254.28 The maximum amount to be levied in the year 2020: $267.00 The maximum amount to be levied in the year 2021 : $280.35 The maximum amount to be levied in the year 2022: $294.37 The maximum amount to be levied in the year 2023: $309.09 The total annual revenue to be collected by this assessment for FY 2017-18 is: The estimated total annual revenue to be collected by this assessment for FY 2018-19: The estimated total annual revenue to be collected by this assessment for FY 2019-20: The estimated total annual revenue to be collected by this assessment for FY 2020-21: The estimated total annual revenue to be collected by this assessment for FY 2021-22: The estimated total annual revenue to be collected by this assessment for FY 2022-23: The estimated total annual revenue to be collected by this assessment for FY 2023-24: $405,695.76 $425,980.55 $447,279.58 $469,643.56 $493,125.74 $517,782.03 $543,671.13 Resolution No. 2017-04 - Page 3 of 3 Exhibit 5 RESOLUTION NO.2017-05 July 18, 2017 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2017-2018; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee has determined that for the health and welfare of the community, each and every place of business, or other type of structure or abode shall be required to place their garbage and trash for pick up and disposal in a safe and sanitary manner prescribed by the City Council; and WHEREAS, the City Council of the City of Okeechobee entered into a Solid Waste Collection and Disposal Services Agreement with Waste Management, Inc., of Florida on July 7, 1987, as amended, to provide such collection and disposal services to the community; and WHEREAS, as provided in Code Book Section 42-52, the City Council shall establish the charges and rates for the collection and disposal services required. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that: SECTION 1. COMMERCIAL RATES. Commercial Rates Per month for solid waste collection and disposal services shall be as follows from October 1, 2017, to September 30, 2018, (rates below include 10 percent franchise fees): Pick-ups/Week EOW 1x/wk 2x/wk 3x/wk 4x/wk 5x/wk 6x/wk 7x/wk XPU Container Size 2 CUBIC YD C ollection Disposal I IPI $ 33.50 $ 10.56 $ 48.33 $ $ 61.00 21.11 7 78 $ $ $ 111.06 42.22 14 1A $ $ 153.76 63.33 $ $ 196.44 84.44 $ $ 239.15 105.55 $ $ 281.84 126.66 M $ $ 324.55 147.77 $$ 41.12 TOTAL 3 CUBIC YD $ 89.89 $ 167.46 $ 236.74 $ 305.99 $ 375.28 $ 444.56 $ 513.86 $ $ 298.24 189.99 $ $ 341.41 221.66 Collection Disposal $ 84.31 $ 31.67 $ 143.99 $ 63.33 $ 183.12 $ 95.00 $ 211.90 $ 126.66 $ 255.06 $ 158.33 TOTAL 4 CUBIC YD $ 126.74 $ 226.07 $ 302.08 $ 366.45 $ 447.02 $6pg.18 $ 576 $ 527.59 Collection Disposal Fl�el $ $ 99.78 42.22 Z $ $ $ 165.18 84.44 2111 $ $ 196.06 126.66 75 2. $ $ 244.29 168.88 $ $ 283.86 211 A 0 $ $ 325.71 253.32 $ $ 367.57 295.54 _ TOTAL 6 CUBIC YD $ 154.75 $ 270.80 $ 347.97$ 444.68 $ 531.64 $$ 57.34 Collection Disposal 1 x+.1 $ �$ 131.33 6,3.03'3 ;+ $ $ 193.79 126.66 $ $ 256.47 189.99 $ $ $ 315.10 253.32 4Q.Z9 $ $ 368.89 316.65 $ $ 422.66 379.98 $ $ 476.44 443.31 TOTAL 8 CUBIC YD $ 71.47 $ 211.49 $ 345.42 $ 479.60 $ 609.21 $ 733.40 $ 857.54 $ 981.70 Collection Disposal Fual $ $ a 148.01 84.44 - - $ $ - 213.22 168.88 -- - $ $ - 268.48 253.32 $ $ 323.78 337.76 $ $ 376.81 422.20 $ $ 430.97 506.64 $ $ 485.13 591.08 - TOTAL $ 251.46 1 $ 409.70 $ 556.72 $ 703 80 $ 848 32 $ 994 11 $ 1,139.90 $ 81.19 # of Cans 1x/wk Disposal 1 $ 8.59 $ 3.84 1.10 $ 35 2 $ 11.31 $ 7.68 $ 1.46 E33 4 16.61 15.36 2.16 34.13 5 $ 24.86 $ 19.20Fuel $ 3.23 $ 47.29 6COMMERCIAL $ 46.76CANS $ 23.04$ $ 5.98Tonal $ 75.78 1,asaers $ 8.73 per month maintenance OPTIONAL Roll -out $ 8.73 per month per number of service SERVICES Lockbar $ 93.63 per installation Lock/Unlock/Gate $ 12.48 monthly fee times ti; number of eek Resolution No. 2017-05 - Page 1 of 2 ROLL -OFF COLLECTION AND DISPOSAL RATES 20 yard 30 yard 40 yard Compactor Rate per pull plus disposal $ 182.65 $ 1192.70 $ 202.72 $ 202.72 Fuel per pull $ 23.02 $ 24.28 $ 25.55 $ 25.55 Total $ 205.67 $ 216.98 $ 228.27 $ 228.27 WASTED TRIP CHARGES $ 72.22 Monthly ChargestTwo Haul Minimum $ 72.23 Disposal: collection & disposal per ton $ 119.57 Garbage per ton $ 35.00 vegetation per ton $ '16.92 Any additional or special waste collection request over and above contracted service rate can be negotiated between the customer and contractor. SECTION 2. RATE ADJUSTMENTS. The present Franchise, as amended, for Solid Waste Collection and Disposal Services within the City of Okeechobee, effective October 1, 2017, to September 30, 2018, is subject to periodic rate adjustments for consumer price index (CPI) cost of living, diesel fuel surcharge, and adjustments necessary due to changes in law or regulatory action. Such rate adjustments may affect Commercial Rates over those set out in Section One, which will not occur without public notice and public hearing. SECTION 3. CONFLICT. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 5. EFFECTIVE DATE. The charges and rate established by this Resolution shall talke effect on the 15t day of October, 2017. INTRODUCED AND ADOPTED in regular session this 181h, day of Jam, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Mayor Resolution No. 2017-05 - Page 2 of 2 Exhibit 6 RESOLUTION NO.2017-09 July 18, 2017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MEMORANDUM OF AGREEMENT, CONTRACT NO. BE391, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE MAINTENANCE AND BEAUTIFICATION ALONG STATE ROADS 70 AND 15 WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, (City) is very concerned over the appearance of street rights -of -way, sidewalks, medians islands, and interchange areas within the corporate limits; and WHEREAS, the City, after discussion with the State of Florida Department of Transportation (FDOT), believes that it can better perform the maintenance and landscaping of those areas; and WHEREAS, the FDOT has agreed to provide annual funds to the City in the amount of nine thousand, six hundred twenty-five dollars and forty-five cents ($9,625.45) for an initial service term of three years and may be renewed for an additional three years thereafter by mutual agreement in writing of both parties; and WHEREAS, the City Council believes such an agreement to be in the best interest of the citizens of the City. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: The Mayor is hereby authorized to execute an agreement entitled "State of Florida Department of Transportation Memorandum of Agreement, Contract No. B091, FM No: 432726-1-78-06" between the City and FDOT. Agreeing to roadside mowing and edging, litter removal, and road and bridge sweeping, as set out in said agreement, within median islands, interchange areas, and rights -of -way of certain State roadways in the corporate limits of the City, in exchange for the payment of nine thousand, six hundred twenty-five dollars and forty-five cents ($9,625.45) annually. Payments shall be invoiced by the City to FDOT and disbursed as set out in said agreement. Initial term of said agreement shall be for three years, and may be renewed for an additional three years, contingent upon written mutual consent executed by the City to FDOT and satisfactory performance evaluations by FDOT. SECTION 2: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION 3: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 4: Effective Date. This Resolution shall take effect immediately upon its adoption. INTRODUCED AND ADOPTED in Regular Session this 18th day of Jam, 2017. ATTEST: Dowling R. Watford, Jr., Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney RESOLUTION No. 2017-09 PAGE 1 OF 1 MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: FM # 432726-1-78-06 Page I of 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MEMORANDUM OF AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an Agency of the State of Florida, (hereinafter, "DEPARTMENT") and CITY OF OKEECHOBEE (hereinafter, "AGENCY") for the AGENCY to provide maintenance services. WITNESSETH 1. WHEREAS, the AGENCY has the authority to enter into said Agreement and to undertake the project hereinafter described, and the DEPARTMENT has been granted the authority to function adequately in all areas of appropriate jurisdiction and is authorized under Fla. Stat. §334.044 to enter into this Agreement; and 2. WHEREAS, the AGENCY by Resolution No. dated the day of a copy of which is attached hereto and made a part hereol. has authorized its officers to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: I. SERVICES AND PERFORMANCE 1. The AGENCY shall furnish certain services as described in ATTACHMENTS A and B, attached hereto and made a part hereof. 2. Locations, activities, quantities, cycles, and unit costs to be performed are listed in ATTACHMENT A. 3. Descriptions of how the activities are to performed are included in KITACHMEN'T B. 4. A Supplemental Agreement shall be executed by both parties for any additions or deletions to the work described in ATTACHMENTS A and/or ATTACHMENT 13. No work may commence without an executed Supplemental Agreement involving any such changes or revisions required to be covered in a Supplemental Agreement. Performance of any such services prior to the execution of a Supplemental Agreement will result in nonpayment of those services. 5. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the AGENCY and of the details thereof. Coordination shall be maintained by the AGENCY with representatives of the DEPARTMENT. 6. A11 services shall be performed by the AGENCY to the satisfaction of the Director who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement. The Director's decision upon all claims, questions and disputes shall be final and binding upon all parties. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable shall be left to the absolute discretion of the Director. MAINTENANCE AGREEMENT NO.: CONTRACT 4 BE391 FM NO.: FM # 432726-1-78-06 Page 2 of 7 7. The work specified in this Agreement is governed by ATTACHMENT A and ATTACHMENT B. Reference herein to Director shall mean the DEPARTMENT'S District Secretary for District One, or authorized designee. 9. Upon execution of the Agreement, the NOTICE TO PROCEED signed by the District Secretary, or designee, will be sent to the AGENCY. The NOTICE TO PROCEED must be issued to the AGENCY within sixty (60) days after Agreement execution. II. TERM 1. This Agreement shall take effect on the execution date listed on page 7. The term for providing service under this Agreement shall be a period of three (3) years ("INITIAI. SERVICE TERM"). Calculation for the INITIAL SERVICE TERM shall begin on the fourteenth (14`h) calendar day after issuance of the NOTICE TO PROCEED, or on the day the AGENCY begins work after receipt of the NOTICE TO PROCEED, whichever date is earlier. 2. Prior to expiration of the INITIAL SERVICE TERM, and subject to mutual agreement of the parties, this Agreement may be renewed ("RENEWAL TERM") for an additional three (3) years. Renewals shall be contingent upon satisfactory performance evaluations by the DEPARTMENT. The DEPARTMENT'S performance and obligation to pay under any such renewal is contingent upon an annual appropriation by the Legislature. Any renewal or extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. 3. The AGENCY shall provide services unless terminated in accordance with Section VI below of this Agreement. III. COMPENSATION AND PAYMENT 1. The DEPARTMENT shall pay the AGENCY for services rendered in accordance with this Agreement annually, as follows: Four (3) quarterly lump sum payments will be made in the amount of Two Thousand Four Hundred Six Dollars and Thirty Seven Cents ($2,406.37) and One (1) quarterly lump sum payment will be made in the amount of Two Thousand Four Hundred Six Dollars and Thirty Four Cents (S2,406.34). The total annual contract/expenditure amount is Nine Thousand Six Hundred Twenty Five Dollars and Forty Five Cents $9 6( 25.45), unless the contract is amended. 2. The lump sum payment above is based on the unit price for services that are listed in ATTACHMENT A. MAINTENANCE AGREEMENT NO.: CONTRACT# BE391 FM NO.: FM # 432726-1-78-06 Page 3 of 7 3. The DEPARTMENT shall have the right to retain out of any payment due the AGENCY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the AGENCY on any other Agreement between the AGENCY and the DEPARTMENT. 4. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Fla. Stat. §215.422(14). 5. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the DEPARTMENT'S Project Manager prior to payments. 6. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 7. AGENCY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the DEPARTMENT of Banking and Finance. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 8. If a payment is not available within forty (40) days, a separate interest penalty in accordance with Fla. Stat. §215.422(3)(b), will be due and payable, in addition to the invoice amount, to the AGENCY. Interest penalties of less than one (1) dollar will not be enforced unless the AGENCY requests payment. Invoices which have to be returned to an AGENCY because of AGENCY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. 9. A Vendor Ombudsman has been established within the DEPARTMENT of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state AGENCY. The Vendor Ombudsman may be contacted at (850) 413-5516. 10. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three (3) years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the AGENCY'S general accounting records and the project records, together with supporting documents and records of the AGENCY and all subcontractors performing work on the project, and all other records of the AGENCY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. 11. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering Elm cm MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: FM # 432726-1-78-06 Page 4 of 7 into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 12. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Fla. Stat. §287.017, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. IV. INDEMNITY AND INSURANCE LIABILITY INSURANCE. The AGENCY shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $250,000 per person and $500,000 each occurrence, and property damage insurance of at least $50,000 each occurrence, for the services to be rendered in accordance with this Agreement. In the alternative, the AGENCY may satisfy the requirements of this paragraph by providing to the DEPARTMENT written evidence of being self -insured. 2. WORKER'S COMPENSATION. The AGENCY shall also carry and keep in force Worker's Compensation insurance as required for the State of Florida under the Worker's Compensation Law. In the alternative, the AGENCY may satisfy the requirements of this paragraph by providing to the DEPARTMENT written evidence of being self -insured. 3. To the extent permitted by law, AGENCY shall indemnify, defend and hold harmless DEPARTMENT against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of AGENCY, or any of its officers, agents or employees, acting within the scope of their office or employment, in connection with the obligations and rights granted to or exercised by AGENCY hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by AGENCY to indemnify DEPARTMENT for the negligent acts or omissions of DEPARTMENT, its officers, agents or employees, or for the acts of third parties. Nothing herein shall be construed as consent by AGENCY to be sued by third parties in any manner arising out of this agreement. The AGENCY shall also require all contractors and subcontractors who conduct operations within the Project to indemnify and hold DEPARTMENT harmless against any actions, claims, or damages arising out of. relating to, or resulting from negligent or wrongful act(s) of said Contractor or Subcontractor or MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: FM # 432726-1-78-06 Page 5 of 7 any of their officers, agents or employees, acting within the scope of their office or employment. The indemnities assumed by the AGENCY shall survive termination of this agreement. V. COMPLIANCE WITH LAWS The AGENCY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Fla. Stat. §119, and made or received by the AGENCY in conjunction with this Agreement. Failure by the AGENCY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. The AGENCY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Agreement. E-Verify. The Agency shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the Agreement and shall expressly require any subcontractors performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of all new employees hired by the subcontractor during the Agreement term. VI. TERMINATION AND DEFAULT 1. This Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the AGENCY upon sixty (60) days written notice to the DEPARTMENT. 2. If the DEPARTMENT determines that the performance of the AGENCY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the DEPARTMENT. 3. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the AGENCY, the DEPARTMENT shall notify the AGENCY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the AGENCY shall be paid only for that work satisfactorily performed for which costs can be substantiated. MAINTENANCE AGREEMENT NO.: CONTRACT # BF-391 FM NO.: FM # 432726-1-78-06 Page 6 of 7 Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the AGENCY. VII. MISCELLANEOUS The AGENCY and the DEPARTMENT agree that the AGENCY, its employees. and subcontractors are not agents of the DEPARTMENT as a result of this Agreement for purposes other than those set out in Fla. Stat. §337.274. 2. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 3. This Agreement embodies the whole agreement of the parties. There are no promises. terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 4. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be: construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. VIII. ATTACHMENTS 1. All ATTACHMENTS referenced in this Agreement are incorporated and made a part of this Agreement. ATTACHMENT A — Location and Cost Breakdown ATTACHMENT B — Description of Maintenance Activities T:.,i11:334 FM No.: f•'N1 =- 432-2O-I-.N-u- I\. E\F.C'UI'ION In witness whercof. the CITY OF OKE EC HOBEE has caused this :\Lrcemcnt to be executed in its behalf. by the ur its desk�-Ince, as authorized by its Resolution. and the FLORIDA DEPARTAIENT OF TRANSPORTATION has caused this aureentcni to be executed in its behalf•thrmIL111 its District Secretary or aut110rized designec. The cxecuti{m date of•this :\�--reentent shall be this day Of Fl)OT to enter effective date. ATTEST: BY: C'Lf 14K CITY 01:OKEI:C.'HOliEE. FLORIDA (SFA1,1 131': 'rl•f•1.1: DA I I•. PRINT NAN-I1: DA I F I.RiAl. RIiVIEAV: I All S"rA'rr OF FLORIDA I)FP:112I'�IEN r OF'1'IZ:�\til'Ult"I :� I IO\ AT FFST: BY: BY: UTIVI:SECRETARY (SE.M.) I)1=S1(iNI-:F. PRINT NAME DATF PRINT NA\IF (>,\ IT I.I:GAI. REVIEW: :1V:1IL:\131Lt I'1 C)F FlANUS APPROVM.: Oi of 201-, [)IS-('IZII'1- �•tr\IN r1�.NANc,: �\D�11NIS'll:,\ I(�I:�� Y4., rh�" 1� APPROVAL: A I-: MAINTENANCE AGREEMENT NO.: CONTRACT # RE391 FM NO.: 432726-1-78-06 Page 1 of 1 ATTACHMENT "A" LOCATIONS AND PRICES FOR, CITY OF OKEECHOBEE Location: 1 Section: 91070000 Mile Post: 8.585-10.349 State Rnarl- SR 7111_ within cornorate limits of the Citv Quantity Units Cycle s Unit Cost Location Cost Activi Intermediate Machine Mowing 0.15 Acres 11 $58.34 $96.26 Litter Removal 0.15 Acres 12 $9.77 $17.59 Mechanical Sweeping 3.97 Edge Mi 12 $39.61 $1,887.02 Edging and Sweeping 1.33 Curb Mi 6 $107.70 $859.45 Location:2 1 91020000 Mile Post: 1.626 - 4.131 US 4411SR 15, within the corporate limits of the Cipr Section: State Road: Quantity Units Cycle s Unit Cost Location Cost Activity Intermediate Machine Mowing 1.54 Acres 11 $58.34 $988.28 Litter Removal 1.54 Acres 12 $9.77 $180.55 Mechanical Sweeping 10.02 F a Mi 12 $39.61 $4,762.71 Edging and Sweeping 1.29 rb Mi 6 $107.70 $833.60 SUMMARY Activity Intermediate Machine Mechanical Edging and Units Cycle Quantity Cost s 1.69 $58.34 11 1.69 $91.77 12 13.99 $39.61 12 2.62 $107.70 6 Total Annual Cost $9,625.45 Three Quarterly Payments $2,406.37 One Quarterly Payment $2,406.34 MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page l of 31 ATTACHMENT "B" SPECIFICATIONS AWARD AND EXECUTION OF CONTRACT — PUBLIC RECORDS. (REV 10-17-16) (FA 10-24-16) (7-17) ARTICLE 3-9 is expanded by the following: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: District 1 863-519-2623 D1 r)rcustodiann.ciot.state.f7.us Florida Department of Transportation District 1 — Office of General Counsel 801 N. Broadway Bartow, FL 33830 SECTION 102 MAINTENANCE OF TRAFFIC 102-1 Description. Maintain traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the work. Construct and maintain detours. Provide facilities for access to residences, businesses, etc., along the project. Furnish, install and maintain traffic control and safety devices during construction. Furnish and install work zone pavement markings for maintenance of traffic (MOT) in construction areas. Provide any other special requirements for safe and expeditious movement of traffic specified in the Plans. MOT includes all facilities, devices and operations as required for safety and convenience of the public within the work zone. Do not maintain traffic over those portions of the project where no work is to be accomplished or where construction operations will not affect existing roads. Do not obstruct or create a hazard to any traffic during the performance of the work, and repair any damage to existing pavement open to traffic. 102-2 Materials. Meet the following requirements: Bituminous Adhesive ..........................................Section 970 Temporary Retroreflective Pavement Markers... Section 990 MAINTENANCE AGREEMENT NO.: CONTRACT 9 BE391 FM NO.: 432726-1-78-06 Page 2 of 31 Paint.................................................................... Section 971 Removable Tape .................................................Section 990 Glass Spheres ......................................................Section 971 Temporary Traffic Control Device Materials .....Section 990 Retroreflective and Nonreflective Sheeting for Temporary Traffic Control Devices ..............Section 994 102-2.1 Temporary Traffic Control Devices: Use only the materials meeting the requirements of Section 990, Section 994, Design Standards and the Manual on Uniform Trafic Control Devices (MUTCD). 102-2.2 Detour: Provide all materials for the: construction and maintenance of all detours. 102-2.3 Commercial Materials for Driveway Maintenance: Provide materials of the type typically used for base, including reclaimed asphalt pavement (RAP) material, and having stability and drainage properties that will provide a Firm surface under wet conditions. 102-3 Specific Requirements. 102-3.1 Beginning Date of Contractor's Responsibility: Maintain traffic starting the day work begins on the project or on the first day Contract Time is charged, whichever is earlier. 102-3.2 Worksite Traffic Supervisor: Provide a Worksite Traffic Supervisor who is responsible for initiating, installing, and maintaining; all temporary traffic control devices as described in this Section and the Contract Documents. Provide all equipment and materials needed to set up, take down, maintain traffic control, and handle traffic -related situations. Use approved alternate Worksite Traffic Supervisors when necessary. The Worksite Traffic Supervisor must meet the personnel qualifications specified in Section 105. The Worksite Traffic Supervisor is to perform the following duties: 1. On site direction of all temiporary traffic control on the project. 2. Is on site during all set up and take down, and performs a drive through inspection immediately after set up. 3. Is on site during all nighttime operations ensuring proper temporary traffic control. 4. Immediately corrects all safety deficiencies and corrects minor deficiencies that are not immediate safety hazards within 24 hours. 5. Is available on a 24 hour per day basis and present at the site within 45 minutes after notification of an emergency situation and is prepared to respond to maintain temporary traffic control or to provide alternate trafi:ic arrangements. 6. Conducts daily daytime and weekly nighttime inspections of projects with predominately daytime work activities, and daily nighttime and weekly daytime inspections of projects with predominantly nighttime work activities of all traffic control devices, traffic flow, pedestrian, bicyclist, and business accommodations. Advise the project personnel of the schedule of these inspections and give them the opportunity to join in the inspection as deemed necessary. Pedestrians are to be accommodated with a safe, accessible travel path around work sites separated from mainline traffic in compliance with the Americans with Disabilities Act (ADA) Standards for Transportation Facilities. Maintain existing or detour bicycle facilities satisfactorily throughout MAINTENANCE AGREEMENT NO.: CONTRACT # IIE391 FM NO.: 432726-1-78-06 Page 3 of 31 the project limits. Existing businesses in work areas are to be provided with adequate entrances for vehicular and pedestrian traffic during business hours. The Department may disqualify and remove from the project a Worksite Traffic Supervisor who fails to comply with the provisions of this Section. The Department may temporarily suspend all activities, except traffic, erosion control and such other activities that are necessary for project maintenance and safety, for failure to comply with these provisions. 102-3.3 Lane Closure Information System: Approval for all lane closures, mobile operations, and traffic pacing operations is required. Submit routine requests fourteen calendar days in advance of all lane closures, mobile operations, and traffic pacing operations at the following URL address: hugs: 'Icis.dot.state.ILus'. For unforeseen events that require cancelling or rescheduling lane closures, mobile operations, and traffic pacing operations, revise the lane closure request as soon as possible. 1024 Alternative Traffic Control Plan. The Contractor may propose an alternative traffic control plan ("I-CP) to the plan presented in the Contract Documents. The Contractor's Engineer of Record must sign and seal the alternative plan and submit to the Engineer. Prepare the TCP in conformance with and in the form outlined in the current version of the Department's Plans Preparation Manual. Indicate in the plan a TCP for each phase of activities. Take responsibility for identifying and assessing any potential impacts to a utility that may be caused by the alternate TCP proposed by the Contractor, and notify the Department in writing of any such potential impacts to utilities. Engineer's approval of the alternate TCP does not relieve the Contractor of sole responsibility for all utility impacts, costs, delays or damages, whether direct or indirect, resulting from Contractor initiated changes in the design or construction activities from those in the original Contract Specifications, Design Plans (including TCPs) or other Contract Documents and which effect a change in utility work different from that shown in the Utility Plans, joint project agreements or utility relocation schedules. The Department reserves the right to reject any alternative TCP. Obtain the Engineer's written approval before beginning work using an alternate TCP. The Engineer's written approval is required for all modifications to the TCP. The Engineer will only allow changes to the TCP in an emergency without the proper documentation. 102-5 Traffic Control. 102-5.1 Standards: FDOT Design Standards are the minimum standards for the use in the development of all TCPs. The MUTCD, Part VI is the minimum national standard for traffic control for highway construction, maintenance, and utility operations. Follow the basic principles and minimum standards contained in these documents for the design, application, installation, maintenance, and removal of all traffic control devices, warning devices and barriers which arc necessary to protect the public and workers from hazards within the project limits. 102-5.2 Maintenance of Roadway Surfaces: Maintain all lanes that are being used for the MOT, including those on detours and temporary facilities, under all weather conditions. Keep the lanes reasonably free of dust, potholes and rutting. Provide the lanes with the drainage facilities necessary to maintain a smooth riding surface under all weather conditions. MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726.1-78-06 Page 4 of 31 102-5.3 Number of Traffic Lanes: Maintain one lane of traffic in each direction. Maintain two lanes of traffic in each direction at existing four (or more) lane cross roads, where necessary to avoid undue traffic congestion. Constrict each lane used for MOT at least as wide as the traffic lanes existing in the area before commencement of construction. Do not allow traffic control and warning devices to encroach on banes used for MOT. The Engineer may allow the Contractor to restrict traffic to one-way operation for short periods of time provided that the Contractor employs adequate means of traffic control and does not unreasonably delay traffic. When a construction activity requires restricting traffic to one-way operations, locate the flaggers within view of each other when possible. When visual contact between flaggers is not possible, equip thern with 2-way radios, official, or pilot vehicles. or use traffic signals. 102-5.4 Crossings and Intersections: Provide and maintain adequate accommodations for intersecting and crossing traffic. Do not block or unduly restrict any median opening, road or street crossing the project unless approved by the Engineer. Before beginning any construction, submit to the Engineer the names and phone numbers of persons that can be contacted when signal operation malfunctions. 102-5.5 Access for Residences and Businesses: Provide continuous access to all residences and all places of business. 102-5.6 Protection of the Work from Injury by Traffic: Where traffic would be injurious to a base, surface course, or structure constructed as a part of the work, maintain all traffic outside the limits of such areas until the potential for injury no longer exists. 102-5.7 Flagger: Provide flaggers to control traffic when traffic in both directions must use a single lane and in other situations as required. All flaggers must meet the personnel qualifications specified in Section 105. 102-5.8 Conflicting Pavement Markings: 'Where the lane use or where normal vehicle or pedestrian paths are altered during construction, remove all pavement markings (paint, tape, thermoplastic, retroreflective pavement markers, etc:.) that will conflict with the adjusted vehicle or pedestrian paths. Use of paint to cover conflicting; pavement markings is prohibited. Remove conflicting pavement markings using a method that will not damage the surface texture of the pavement and which will eliminate the previous marking pattern regardless of weather and light conditions. Remove all pavement markings that will be in conflict with "next phase of operation" vehicle pedestrian paths as described above, before opening to vehicle traffic or use by pedestrians. Cost for removing conflicting pavement markings (paint, tape, thermoplastic. retroreflective pavement markers, etc.) to be included in Maintenance of Traffic, lump sum. 102-5.9 Vehicle and Equipment Visibility: Equip all pickups and automobiles used on the project with a minimum of one Class 2 warning light that meets the Society of Automotive Engineers Recommended Practice SAE J595, dated November 1, 2008, or SAE J845, dated December 1, 2007, and incorporated herein by reference. Existing lights that meet SAE J845, dated March, 1992, or SAE J1318, dated April, 1986, may be used to their end of service life. The warning lights must be a high intensity amber or white rotating, flashing, oscillating or strobe light. Lights must be unobstructed by ancillary vehicle equipment such as ladders, racks or booms and be visible 360 degrees around the vehicle. If the light is obstructed, additional lights will be required. The lights must be operating when the vehicle is in a work area where a MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 5 of 31 potential hazard exists, when operating at less than the average speed for the facility while performing work activities, making frequent stops or called for in the Plans or Design Standards. Equip all other vehicles and equipment with a minimum of 4 square feet of retroreflective sheeting or warning lights. 102-5.10 No Waiver of Liability: Conduct operations in such a manner that no undue hazard results due to the requirements of this Article. The procedures and policies described herein in no way acts as a waiver of any terms of the liability of the Contractor or his surety. 102-6 Detours. 102-6.1 General: Construct and maintain detour facilities wherever it becomes necessary to divert traffic from any existing roadway or bridge, or wherever construction operations block the flow of traffic. 102-6.2 Construction: Plan, construct, and maintain detours for the safe passage of traffic in all conditions of weather. Provide the detour with all facilities necessary to meet this requirement. Where pedestrian facilities are detoured, blocked or closed during the work, provide safe alternate accessible routes through or around the work zone meeting the requirements of the ADA Standards for Transportation Facilities. When the Plans call for the Department to furnish detour bridge components, construct the pile bents in accordance with the Plans, unless otherwise authorized by the Engineer. Provide two Contractor representatives, who will be directly involved in the erection of Department -owned temporary bridging, to attend a mandatory one -day training session to be conducted at the Department's storage facility. No bridging will be released to the Contractor prior to the completion of this training. Submit the following: company name, phone number, office address, project contact person, names of the representatives who will attend the training described above, project number, detour bridge type, bridge length, span length, location and usage time frames, to the Engineer at least 30 calendar days before the intended pick-up date, to obtain the storage facility location and list of components for the project. Upon receipt, the Engineer will, within 10 calendar days submit an approved material list to the Contractor and the appropriate Department storage yard. Submit the name of the representative with authority to pick up components, to the Engineer at least 10 calendar days before the proposed pick-up date. The Department is not obligated to load the bridge components without this notice. Take responsibility and sign for each item loaded at the time of issuance. Provide timber dunnage, and transport the bridge components from the designated storage facility to the job site. Unload, erect, and maintain the bridge, then dismantle the bridge and load and return the components to the designated storage facility. Notify the Engineer in writing at least 10 calendar days before returning the components. Include in this notice the name of the Contractor's representative authorized to sign for return of the bridge components. The yard supervisor is not obligated to unload the bridge components without this notice. The Department will provide equipment and an operator at the Department's storage facility to assist in loading and unloading the bridge components. Furnish all other labor and equipment required for loading and unloading the components. MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 437726-1-78-06 Page 6 of 31 The Department's representative will record all bridge components issued or returned on the Detour Bridge Issue and Credit Ticket. The tickets must be signed by a Department and a Contractor representative, after loading or unloading each truck to document the quantity and type of bridging issued or returned. Bind together all bridge components to be returned in accordance with the instructions given by the storage facility. The yard supervisor will repack components that are not packed in compliance with these instructions. Upon request, written packing instructions will be made available to the Contractor, before dismantling of the bridge for return to the Department's storage facility. Assume responsibility for any shortage or damage to the bridge components. Monies due the Contractor will be reduced at the rate of $35.00 per hour plus materials for repacking, repairs or replacement of bridge components. The skid resistance of open steel grid decking on the detour bridge may decrease gradually after opening the bridge to traffic. The Department will furnish a pneumatic floor scabbler machine for roughening the roadway surface of the detour bridge decking. Provide an air compressor at the job site with 200 cubic feet per minute capacity, 90 psi air pressure for the power supply of the machine, and an operator. Transport the scabbler machine to and from the Department's structures shop. Repair any damage to the scabbler machine caused by operations at no expense to the Department. Perform scabbling when determined necessary by the Engineer. The Department will pay for the cost of scabbling as Unforeseeable Work in accordance with 4- 4. Return the bridge components to the designated storage facility beginning no later than 10 calendar days after the date the detour bridge is no longer needed, the date the new bridge is placed in service, or the date Contract Time expires, whichever is earliest. Return the detour bridging at an average of not less than 200 feet per week. Upon failure to return the bridge components to the Department within the time specified, compensate the Department for the bridge components not returned at the rate of $5.00 per 10 feet, per day, per bridge, for single lane; and $10.00 per 10 feet, per day, per bridge, for dual lane until the bridge components are returned to the Department. 102-6.3 Construction Methods: Select and use construction methods and materials that provide a stable and safe detour facility. Construct the detour facility to have sufficient durability to remain in good condition, supplemented by maintenance, for the entire period that the detour is required. 102-6.4 Removal of Detours: Remove detours when they are no longer needed and before the Contract is completed. Take ownership ofall materials from the detour and dispose of them, except for the materials on loan from the Department with the stipulation that they are returned. 102-6.5 Detours Over Existing Roads and Streets: When the Department specifies that traffic be detoured over roads or streets outside the project area, do not maintain such roads or streets. However, maintain all signs and other devices placed for the purpose of the detour. 102-6.6 Operation of Existing Movable Bridges: The Department will maintain and operate existing moveable bridges that are to be removed by the Contractor until such time as they are closed to traffic. During this period, make immediate repairs of any damage to such structures caused by use or operations related to the work at no expense to the Department, but do not provide routine repairs or maintenance. In the event that use or operations result in MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 7of31 damage to a bridge requiring repairs, give such repairs top priority to any equipment, material, or labor available. 102-6.7 Special Detour: A special detour is defined as a diversion or lane shift that requires temporary pavement. 102-7 Traffic Control Officer. Provide uniformed law enforcement officers, including marked law enforcement vehicles, to assist in controlling and directing traffic in the work zone when the following types of work is necessary on projects: 1. Directing traffic/overriding the signal in a signalized intersection. 2. When Design Standards, Index No. 619 is used on freeway facilities (interstates, toll roads, and expressways) at nighttime for work within the travel lane. 3. When Design Standards, Index No. 655 Traffic Pacing for overhead work is called for in the Plans or approved by the Engineer. 4. When pulling conductor/cable above an open traffic lane on limited access facilities, when called for in the Plans or approved by the Engineer. 5. When Design Standards, Index No. 625 Temporary Road Closure 5 Minutes or Less is used. 102-8 Driveway Maintenance. 102-8.1 General: Ensure that each residence and business has safe, stable, and reasonable access. 102-8.2 Construction Methods: Place, level, manipulate, compact, and maintain the material, to the extent appropriate for the intended use. As permanent driveway construction is accomplished at a particular location. the Contractor may salvage and reuse previously placed materials that are suitable for reuse on other driveways. 102-9 Temporary Traffic Control Devices. 102-9.1 Installation and Maintenance: Install and maintain temporary traffic control devices as detailed in the Plans, Index 600 of the Design Standards and when applicable, in accordance with the approved vendor drawings, as provided on the Department's Approved Product List (APL). Erect the required temporary traffic control devices to prevent any hazardous conditions and in conjunction with any necessary traffic re-routing to protect the traveling public, workers, and to safeguard the work area. Use only those devices that are on the APL or meeting the requirements of the Design Standards. Immediately remove or cover any devices that do not apply to existing conditions. All temporary traffic control devices must meet the requirements of National Cooperative Highway Research Program Report 350 (NCHRP 350) or the Manual for Assessing Safety Hardware 2009 (MASH) and current FHWA directives. Manufacturers seeking evaluation must submit certified test reports showing that their product meets all test requirements set forth by NCHRP 350 or the MASH. Manufacturers seeking evaluation of Category I devices for inclusion on the APL shall include the manufacturer's self -certification letter. Manufacturer's seeking evaluation of Category II and Category III devices for inclusion on the APL shall include the FHWA WZ numbered acceptance letter with attachments and vendor drawings of the device in sufficient detail to enable the Engineer to distinguish between this and similar devices. MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 8 of 31 For devices requiring field assembly or special site preparation, vendor drawings shall include all field assembly details and technical information necessary for proper application and installation. Vendor drawings for Category III devices and automated flagger assistance devices (AFADs) must be signed and sealed by a Professional Engineer registered in the State of Florida. Manufacturers seeking evaluation of Category IV devices for inclusion on the APL must comply with the requirements of Section 990 and include detailed vendor drawings of the device along with technical information necessary for proper application, field assembly and installation. The APL number is to be permanently marked on the device at a readily visible location. Sheeting used on devices is exempt from this marking requirement. Notify the Engineer in writing of any scheduled operation that will affect traffic patterns or safety sufficiently in advance of commencing such operation to permit review of the plan for the proposed installation of temporary traffic control devices. Assign an employee the responsibility of maintaining the position and condition of all temporary traffic control devices throughout the duration of the Contract. Keep the Engineer advised at all times of the identification and means of contacting this employee on a 24 hour basis. Maintain temporary traffic control devices in the correct position, properly oriented, clearly visible and clean, at all times. All applicable temporary traffic control devices must meet the classification level of Acceptable as defined in the American Traffic Safety Services Association (ATSSA) Quality Guidelines for Temporary Traffic Control Devices and Features. Immediately repair, replace or clean damaged, defaced or dirty devices. Traffic control devices must not be cleaned while installed/used. Use of warning lights on any temporary traffic control device is prohibited, with the exception of the trailer mounted portable regulatory signs. Employ an approved independent Channelizing Device Supplier (CDS) to provide and maintain the condition of the following non -fixed channelizing devices: drums, cones, vertical panels, barricades, tubular markers, and longitudinal channeling devices. Cones may be provided and maintained by the Contractor. The CDS shall not be affiliated with the Contractor and shall be approved by the Engineer in accordance with 102-9.1.1. The CDS shall submit a monthly certification on letterhead that the channelizing devices mentioned above installed/used within the work zone meet acceptable standards as outlined in ATSSA Quality Guidelines for Temporary Traffic Control Devices and Features. If the Contractor chooses to provide and maintain cones, the Contractor must submit a monthly certification on letterhead that all cones installed/used within the work zone meet acceptable standards as outlined in ATSSA Quality Guidelines for Temporary Traffic Control Devices and Features, and the CDS shall submit the monthly certification for any other channelizing devices installed/used within the work zone. The certification shall include the following statement, "l certify that I have provided and maintained the following devices <list devices covered under the certification> in accordance with the ATSSA Quality Guidelines for Temporary Traffic Control Devices and Features." 102-9.1.1 Approved Independent Channelizing Device Supplier (CDS) Requirements: Submit the following documents to the Engineer for independent CDS approval at the preconstruction conference. A CDS may elect to provide a one-time submittal of this information to the State Construction Office for review and pre -approval. Department approved CDSs are listed on the State Construction Office website. Inform the Engineer at the preconstruction conference of this approval. MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 9 of 31 1. A letter on company letterhead signed and dated by the owner of the company or company officer with the following information and statements: a. The company's owners, stockholders, and officers. b. A statement declaring that the company will not perform as a CDS on any project where there is common ownership, directly or indirectly, between the company and the Contractor. c. A statement declaring that the company will furnish and maintain the condition of all channelizing devices with the exception of cones as required in 102- 9.1 with its own forces. d. A statement declaring at least five years of experience in providing channelizing device supplier services, with its own inventory of channelizing devices. e. On a separate sheet, list a sample project history of the company's experience as a channeling device supplier for the five years declared in item l(d) above including the following information: 1. Project name and number and a brief description of CDS work performed, 2. Beginning and ending date of CDS project activities. 3. Location of project (city, state), 4. Monetary amount of CDS work on project, 5.Owner of project, contact person and phone number with area code, 6. Name of Contractor (client) that the work was performed for and phone number with area code. 2. A maintenance plan for approval by the Department that outlines the frequency and methods for maintaining the condition of all channelizing devices, except cones owned and maintained by the Contractor, installed/used in the work zone. 102-9.2 Work Zone Signs: Furnish, install, maintain, remove and relocate signs in accordance with the Plans and Design Standards, Index No. 600. Use signs that meet the material and process requirements of Section 994. Use Type IV sheeting for fluorescent orange work zone signs. Roll -up signs must meet the requirements of Type VI sheeting. Use Type IV or Type XI sheeting for all other work zone signs. Attach the sign to the sign support using hardware meeting the manufacturer's recommendations on the APL vendor drawings or as specified in the Design Standards. 102-9.2.1 Post Mounted Signs: Meet the requirements of 990-8. 102-9.2.2 Portable Signs: Use only approved systems, which includes sign stands and attachment hardware (nuts, bolts, clamps, brackets, braces, etc.), meeting the vendor requirements specified on the APL drawings. Provide Federal Highway Administration's (FHWA) accepted sign substrate for use with accepted sign stands on the National Highway System (NHS) under the provisions of the NCHRP Report 350 "Recommended Procedures for the Safety Performance Evaluation of Highway Features." 102-9.2.3 Barrier Mounted Signs: If post mounting criteria cannot be achieved in accordance with Design Standards, Index No. 600 and a barrier or traffic railing exists, use temporary sign criteria provided in Design Standards, Index No. 11871. 102-9.3 Business Signs: Provide and place signs in accordance with the Plans and Design Standards, Index No. 600 series. Furnish signs having retroreflective sheeting meeting the requirements of Section 990. MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 10 of 31 102-9.4 Project Information Signs: Provide and place signs in accordance with the Plans and Design Standards, Index No. 600 series. Furnish signs having retroreflective sheeting meeting the requirements of Section 990. 102-9.5 Channelizing Devices: Furnish and install channelizing devices in accordance with the Plans and Design Standards. 102-9.5.1 Retroretlective Collars for Traffic Cones: Use collars for traffic cones listed on the APL that meet the requirements of Section 990. Use cone collars at night designed to properly fit the taper of the cone when installed. Place the upper 6 inch collar a uniform 3-1/2 inches distance from the top of the cone and the lower 4 inch collar a uniform 2 inches distance below the bottom of the upper 6 inch collar. Collars are to be capable of being removed for temporary use or attached permanently to the cone in accordance with the manufacturer's recommendations. Provide a white sheeting having a smooth outer surface and that has the property of a retroreflector over its entire surface. 102-9.5.2 Longitudinal Channelizing Devices (LCDs): Use LCDs listed and categorized on the APL as vehicular, pedestrian or vehicular/pedestrian. Retroreflective sheeting must meet the requirements of Section 990. LCDs must be interlocked except for the stand-alone unit placed perpendicular to a sidewalk. For LCDs requiring internal ballasting, an indicator that clearly identifies the proper ballast level will be required. For LCDs requiring external ballasting, the ballasting methods must be detailed in the APL drawings including ballasting type and minimum weight. Joints on the pedestrian LCDs must be free of sharp edges and have a maximum offset of 1/8 inch in any plane. Use alternating orange and white solid color vehicular LCDs. Vehicular LCDs may be substituted for drums, vertical panels„ or barricades. 102-9.6 Temporary Barrier: Furnish, install, maintain, remove and relocate temporary barrier in accordance with the Plans. Obtain and use: precast temporary concrete barrier from a manufacturing plant that is on the Deparrtment's Production Facility Listing. Producers seeking inclusion on the list shall meet the requirements of Section 105. Temporary concrete barrier must meet the material and construction requirements of Section 521 unless noted otherwise in the Design Standards. The maximum allowable height increase between consecutive temporary barrier units in the direction of traffic is I inch. Temporary barrier used on roadway sections must comply with Design Standards, Index Nos. 412, 415 or 414. Temporary barrier used on bridge and retaining wall sections must comply with Design Standards, Index No 414. Temporary water filled barrier used on roadway sections shall meet the NCHRP Report 350 or MASH TL-3 criteria and be listed on the APL. Barriers meeting the requirements of Design Standards, Index Nos. 412, 415. or temporary water filled barriers listed on the APL will not be accepted as an alternate to barriers meeting the requirements of Design Standards, Index No. 414. Temporary steel barrier may be used as an alternative to Design Standards, Index No. 414. Temporary steel barrier shall meet the NCHRP Report 350 or MASH TL-3 criteria and be listed on the APL. Trailer mounted barriers listed on the APL may be used at the option of the Contractor. Trailer mounted barriers listed on the APL must have an FHWA eligibility letter and be successfully crash tested in accordance with MASH TL-3 criteria. All trailer mounted barriers MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page t 1 of 31 must be equipped with an APL listed truck mounted attenuator, an APL listed vehicle mounted arrow board and vehicle warning lights in accordance with this Section. 102-9.6.2.1 Temporary Barrier Meeting the Requirements of Design Standards, Index Nos. 412 and 414: Ensure the marking requirements of the respective Index are met. 102-9.6.2.2: Proprietary Precast Temporary Concrete Barrier Fabricated prior to 2005: The Contractor must submit a certification stating that all unmarked barrier units meet the requirements of the Specifications and the Design Standards. Certifications will be project specific and non -transferable. 102-9.6.2.3 Proprietary Precast Temporary Concrete Barrier Fabricated in 2005 or later: Ensure each barrier unit has permanent clear markings, showing the manufacture date, serial number, manufacturer's name or symbol, and the APL number. Label the markings on a plate, plaque, or cast in the unit. Proprietary barrier fabricated prior to 2016 and marked with the "INDX 521" in lieu of the APL number will be permitted. 102-9.7 Barrier Delineators: Install barrier delineators on top of temporary barrier and vehicular LCDs meeting the requirements of the Design Standards and Section 705. 102-9.8 Temporary Glare Screen: Use temporary glare screens listed on the APL that meet the requirements of Section 990. Furnish, install, maintain, remove and relocate glare screen systems in conjunction with temporary barrier at locations identified in the Plans. The anchorage of the glare screen to the barrier must be capable of safely resisting an equivalent tensile load of 600 pounds per foot of glare screen, with a requirement to use a minimum of three fasteners per barrier section. When glare screen is utilized on temporary barrier, barrier delineators will not be required. 102-9.9 Temporary Crash Cushion (Redirective/Gating): Furnish, install, maintain and subsequently remove temporary crash cushions in accordance with the details and notes shown in the Plans, the Design Standards, and requirements of the pre -approved alternatives listed on the APL. Delineate the crash cushion in accordance with Section 544. Maintain the crash cushions until their authorized removal. Repair all attachment scars to permanent structures and pavements after crash cushion removal. Make necessary repairs due to defective material, work, or Contractor operations at no cost to the Department. Restore crash cushions damaged by the traveling public within 24 hours after notification as authorized by the Engineer. 102-9.10 Temporary Guardrail: Furnish temporary guardrail in accordance with the Plans and Design Standards. Meet the requirements of Section 536. 102-9.11 Arrow Board: Furnish arrow boards that meet the requirements of Section 990 as required by the Plans and Design Standards to advise approaching traffic of lane closures or shoulder work. Type B arrow boards may be used on low to intermediate speed (0 mph to 50 mph) facilities or for maintenance or moving operations on any speed facility. Type C arrow boards must be used for all other operations on high-speed (50 mph and greater) facilities and may be substituted for Type B arrow boards on any speed facility. 102-9.12 Portable Changeable Message Sign (PCMS): Furnish PCMSs or truck mounted changeable message signs that meet the requirements of Section 990 as required by the Plans and Design Standards to supplement other temporary traffic control devices used in work zones. MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 12 of 31 102-9.13 Portable Regulatory Signs (PRS): Furnish PRSs that meet the requirements of Section 990 as required by the Plans and Design Standards. Ensure that the PRS sign panel is raised to a minimum mounting height of 7 feet from the bottom of the panel to the edge of the travel way elevation when in the upright position. Activate portable regulatory signs only during active work activities and deactivate when no work is being performed. 102-9.14 Radar Speed Display Unit (RSDU): Furnish RSDUs that meet the requirements of Section 990 as required by the Plans and Design Standards to inform motorists of the posted speed and their actual speed. Activate the radar speed display unit only during active work activities and deactivate when no work is being performed. 102-9.15 Temporary SignaUation and Maintenance: Provide temporary signalization and maintenance at existing, temporary, and new intersections including but not limited to the following: 1. Installation of temporary poles and span wire assemblies as shown in the Plans, 2. Temporary portable traffic signals as shown in the Plans, 3. Adding or shifting signal heads, 4. Trouble calls, 5. Maintaining intersection and coordination timing and preemption devices. Coordination timing will require maintaining functionality of system communications. Restore any loss of operation within 12 hours after notification. Provide alternate temporary traffic control until the signalization is restored. Provide traffic signal equipment that meets the requirements of the Design Standards and 603-2. The Engineer may approve used signal equipment if it is in acceptable condition. Replacement components for traffic signal cabinet assemblies will be provided by the maintaining agency. For temporary signals used for lane closure operations on two-lane, two- way roadways meet the requirements in 102-9.21. 102-9.16 Temporary Traffic Detection and Maintenance: Provide temporary traffic detection and maintenance at existing, temporary, and new signalized intersections. Provide temporary traffic detection equipment listed on the APL. Restore any loss of detection within 12 hours. Ensure 90% accuracy per signal phase, measured at the initial installation and after any lane shifts, by comparing sample data collected from the detection system with ground truth data collected by human observation. Collect the sample and ground truth data for a minimum of five minutes during a peak and five minutes during an off-peak period with a minimum three detections for each signal phase. Perform the test in the presence of the Engineer. 102-9.17 Truck Mounted Attenuators and Trailer Mounted Attenuators: Furnish, install and maintain only those attenuators that meet the requirements of NCHRP 350 or the MASH. Use truck mounted attenuators or trailer mounted attenuators, when called for in the Design Standards. Use attenuators listed on the APL. When attenuators are called for, use either a truck mounted attenuator or a trailer mounted attenuator system designed and installed in accordance with the manufacturers recommendations. Equip the attenuator cartridge with lights and reflectors in compliance with applicable Florida motor vehicle laws, including turn signals, dual tail lights, and brake lights. MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 13 of 31 Ensure that lights are visible in both the raised and lowered positions if the unit is capable of being raised. Install either alternating black with yellow or white with orange sheeting on the rear of trailer mounted attenuators and on truck mounted attenuators, in both the operating and raised position. Use Type III (work zone) or Type IV sheeting consisting of 4 or 6 inch wide stripes installed to form chevrons that point upward. All sheeting except black must be retroreflective. Attenuators will not be paid for separately. Include the cost of the truck with either a truck mounted attenuator or a trailer mounted attenuator in Maintenance of Traffic, lump sum. Payment includes all costs, including furnishing, maintaining and removal when no longer required, and all materials, labor, tools, equipment and incidentals required for attenuator maintenance. 102-9.18 Temporary Raised Rumble Strip Set: Furnish, install, maintain, remove, and reinstall temporary raised rumble strips per the manufacturer's recommendations and in accordance with Design Standards, Index No. 603. The temporary raised rumble strip may be either a removable polymer striping tape or a molded engineered polymer material. 102-9.19 Automated Flagger Assistance Devices (AFAD): Furnish, install, maintain, remove, and relocate AFADs in accordance with the Plans, Design Standards, Index No. 603, and APL vendor drawings. Manufacturers seeking evaluation of their product for the APL must submit an application in accordance with Section 6 and include detailed vendor drawings showing typical application of the device in accordance with Design Standards, Index No.603. Position AFADs where they are clearly visible to oncoming traffic. AFADs may be placed on the centerline if they have been successfully crash tested in accordance with MASH TL-3 criteria. A gate arm is required in accordance with Section 990 if a single AFAD is used on the shoulder to control one direction of traffic. The devices may be operated either by a single flagger at one end of the traffic control zone, from a central location, or by a separate flagger near each device location. Use only flaggers trained in accordance with Section 105 and in the operation of the AFAD. When in use, each AFAD must be in view of, and attended at all times by, the flagger operating the device. Provide two flaggers on -site and use one of the following methods in the deployment of AFADs: 1. Place an AFAD at each end of the temporary traffic control zone, or 2. Place an AFAD at one end of the temporary traffic control zone and a flagger at the opposite end. A single flagger may simultaneously operate two AFADs as described in (1) or a single AFAD as described in (2) if all of the following conditions are met: 1. The flagger has an unobstructed view of the AFAD(s), 2. The flagger has an unobstructed view of approaching traffic in both directions, 3. For two AFADs, the AFADs are less than 800 feet apart. For one AFAD, the AFAD and the flagger are less than 800 feet apart. 4. Two flaggers are available on -site to provide normal flagging operations should an AFAD malfunction. AFADs may be either a remotely controlled Stop/Slow AFAD mounted on either a trailer or a movable cart system, or a remotely controlled Red/Yellow Lens AFAD. MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 14 of 31 Illuminate the flagging station when the AFAD is used at night. When the AFAD is not in use, remove or cover signs and move the AFAD device outside the clear zone or shield it with a barrier. AFADs will not be paid for separately. AFADs may be used as a supplement or an alternate to flaggers in accordance with the Plans, Design Standards, Index No. 603, and the APL vendor drawings. Include the cost for AFADs in Maintenance of Traffic, Lump Sum. 102-9.20 Temporary Lane Separator: Furnish, install, maintain, remove and relocate temporary lane separator in accordance with the Plans and Design Standards, Index No 600. Anchor the portable temporary lane separator with a removable anchor bolt. Use epoxy on bridge decks where anchoring is not allowed. Remove the epoxy from the bridge deck by hydroblasting or other method approved by the Engineer. 102-9.21 Temporary Signals for Lane Closures on Two -Lane, Two -Way Roadways: Temporary signals may be used as an alternate to flaggers for lane closure operations on two- lane, two-way roadways in accordance with the Plans, Design Standards, Index No. 606. Temporary signals must be listed on the APL. Include the cost for these temporary signals in Maintenance of Traffic, lump sum. 102-10 Work Zone Pavement Marking. 102-10.1 Description: Furnish and install work zone pavement markings for MOT in construction areas and in close conformity with the lines and details shown in the Plans and Design Standards. Centerlines, lane lines, edge lines, stop bars, standard crosswalks, and turn arrows will be required in work zones prior to opening the road to traffic. 102.10.2 Painted Pavement Markings: 102-10.2.1 General: Use painted pavement markings meeting the requirements of' Section 710. Use standard paint unless otherwise identified in the Plans or approved by the Engineer. 102-10.3 Removable Tape: 102-10.3.1 General: Use removable tape listed on the APL as shown in the Plans and meeting the requirements of 990-4. 102-10.3.2 Application: Apply removable tape with a mechanical applicator to provide pavement lines that are neat, accurate and uniform. Equip the mechanical applicator with a film cut-off device and with measuring devices that automatically and accumulatively measure the length of each line placed within an accuracy tolerance of plus or minus 2%. Ensure removable tape adheres to the road surface. Removable tape may be placed by hand on short sections, 500 feet or less, if it is done in a neat accurate manner. 102-10.3.3 Retroreflectivity: Apply white and yellow pavement markings that will attain an initial retroreflectivity of not less than 300 mcd/Ix•m" for white and contrast markings and not less than 250 mcd/lx-m2for yellow markings. Black portions of contrast tapes and black masking tapes must be non -reflective and have a reflectance of less than 5 mcd/ lx•m'. At the end of the six month service life, the retroreflectance of white and yellow removable tape shall not be less than 150 mcd/ lx•m'.. 102-10.3.4 Removability: Provide removable tape capable of being removed from bituminous concrete and portland cement concrete pavement intact or in substantially large MAINTENANCE AGREEMENT NO.: CONTRACT # RE391 FM NO.: 432726-1-78-06 Page 15 of 31 strips, either manually or by a mechanical roll -up device, at temperatures above 40°F, without the use of heat, solvents, grinding or blasting. 102-10.4 Temporary Retroreflective Pavement Markers (RPM's): Use Class B RPMs for all locations, except centerline rumble striping operations, where Class D and Class B RPIVIs are required. All markers must be listed on the APL. Install all markers in accordance with the manufacturer's recommendations and in accordance with Design Standards, Index Nos. 519, 600, 17345, and 17352, prior to opening the road to traffic. After initial installation, replace markers any time more than three consecutive markers fail or are missing at no expense to the Department. 102-11 Method of Measurement. 102-11.1 General: Devices installed/used on the project on any calendar day or portion thereof, within the Contract Time, including time extensions which may be granted, will be paid for at the Contract unit price for the applicable pay item. Include the cost of any work that is necessary to meet the requirements of the Contract Documents for MOT under Maintenance of Traffic, lump sum when separate payment is not provided. 102-11.2 Traffic Control Officers: The quantity to be paid for will be at the Contract unit price per hour (4 hour minimum) for the actual number of officers certified to be on the project site, including any law enforcement vehicles and all other direct and indirect costs. Payment will be made only for those traffic control officers specified in the Plans and authorized by the Engineer. 102-11.3 Special Detours: When a diversion or lane shift that requires temporary pavement is shown in the Plans, the work of constructing, maintaining, and subsequently removing such detour facilities will be paid for as a special detour. However, traffic control devices, warning devices, barriers, signing, pavement markings, and restoration to final configuration will be paid for under their respective pay items. When the Plans show more than one special detour, each special detour will be paid for separately, at the Contract lump sum price for each. 102-11.4 Commercial Material for Driveway Maintenance: The quantity to be paid for will be the certified volume, in cubic yards, of all materials authorized by the Engineer, acceptably placed and maintained for driveway maintenance. The volume, which is authorized to be reused, and which is acceptably salvaged, placed, and maintained in other designated driveways will be included again for payment. 102-11.5 Work Zone Signs: The number of temporary post -mounted signs (temporary regulatory, warning and guide) certified as installed/used on the project will be paid for at the Contract unit price for work zone signs. When multiple signs are located on single or multiple posts, each sign panel will be paid individually. Signs greater than 20 square feet and detailed in the Plans will be paid for under Maintenance of Traffic, lump sum. Temporary portable signs (excluding mesh signs) and vehicular mounted signs will be included for payment under work zone signs, only if used in accordance with the Design Standards. The number of temporary barrier mounted signs (temporary regulatory, warning and guide) certified as installed/used on the project will be paid for at the Contract unit price for barrier mounted work zone signs. Work zone signs may be installed fourteen days prior to the start of Contract Time with the approval of the Engineer and at no additional cost to the Department. MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 16 of 31 102-11.6. Business Signs: The number of business signs certified as installed/used on the project will be paid for at the Contract unit price for business signs. 102-11.7 Project Information Signs: No separate payment will be made for project information signs. Payment will be included under Maintenance of Traffic, lump sum. 102-11.8 Channelizing Devices: The number of drums, vertical panels, pedestrian LCDs, and Type I, Type 11, Type III, or direction indicator barricades, certified as installed/used on the project meeting the requirements of Design Standards, Index No. 600 and have been properly maintained will be paid for at the Contract unit prices for channelizing device. Payment for vehicular LCDs will be paid as the length in feetinstalled divided by the device spacing for barricades, vertical panels, and drums and certified as installed/used on the project meeting the requirements of Design Standards, Index No. 600 and have been properly maintained will be paid for at the Contract unit price for channelizing device. Payment will not be made for channelizing devices unsatisfactorily maintained, as determined by the Engineer. Payment will be made for each channelizing device that is used to delineate trailer mounted devices. Payment will be made for channelizing devices delineating portable changeable message signs during the period beginning 14 working days before Contract Time begins as authorized by the Engineer. 102-11.9 Temporary Barrier: The Contract unit price for temporary barrier will be full compensation for furnishing, installing, maintaining, and removing the barrier. When called for, the Contract unit price for barrier (temporary/relocate) will be full compensation for relocating the barrier. The certified quantity to be paid for will be determined by the number of sections times the nominal length of each section. 102-11.10 Barrier Delineators: No separate payment will be made for barrier delineators installed on top of temporary barrier and. vehicular LCDs. Include the cost for barrier delineators in the cost of the barrier or vehicular LCD. 102-11.11 Temporary Glare Screen: The certified quantity to be paid for will be determined by the number of sections times the nominal length of each section. 102-11.12 Temporary Crash Cushions: 102-11.12.1 Redirective: The quantity to be paid for will be the number of temporary crash cushions (redirective) certified as installed/used and maintained on the project, including object marker. 102-11.12.2 Gating: The quantity to be paid for will be the number of temporary crash cushions (gating) certified as installed/used and maintained on the project, including object marker. 102-11.13 Temporary Guardrail: The quantity to be paid for will be the length, in feet, of temporary guardrail constructed and certified as installed/used on the project. The length of a run of guardrail will be determined as a multiple of the nominal panel lengths. 102-11.14 Arrow Board: The quantity to be: paid at the contract unit price will be for the number of arrow boards certified as installed/used on the project on any calendar day or portion thereof within the Contract Time. 102-11.15 Portable Changeable Message Sign: The quantity to be paid at the Contract unit price will be for the number of PCMSs or truck mounted changeable message signs certified as installed/used on the project on any calendar day or portion thereof within the Contract Time. Payment will be made for each portable changeable message sign that is used during the period beginning fourteen working days before Contract Time begins as authorized by the Engineer. 102-11.16 Portable Regulatory Signs: The quantity to be paid for will be the number of portable regulatory signs certified as installed/used on the project on any calendar day or portion MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 17 of 31 thereof within the Contract Time, will be paid for the Contract unit price for portable regulatory sign. 102-11.17 Radar Speed Display Unit: The quantity to be paid for will be the number of radar speed display units certified as installed/used on the project on any calendar day or portion thereof within the Contract Time, will be paid for the Contract unit price for radar speed display unit. 102-11.18 Temporary Signalization and Maintenance: For existing intersections, the certified quantity to be paid for will be the number of signalized intersections per day for the full duration of the Contract. For temporary intersections, the certified quantity to be paid for will be the number of signalized intersections per day for the duration of the temporary intersection. No separate payment will be made for temporary signalization and maintenance at new intersections. 102-11.19 Temporary Traffic Detection and Maintenance: For existing intersections, the certified quantity to be paid for will be the number of signalized intersections per day beginning the day Contract Time begins and ending the day the permanent detection is operational and the final lane configuration is in place. For temporary and new intersections, the certified quantity to be paid for will be the number of signalized intersections per day beginning the day the temporary detection is functional and ending the day: the permanent detection is operational and the final lane configuration is in place for a new intersection; or, when the detection is removed for a temporary intersection. 102-11.20 Work Zone Pavement Markings: The quantities of work zone pavement markings authorized and acceptably applied under this Section and certified as installed/used on the project, will be paid for as follows: 1. The length in gross miles, of solid, 10'-30' skip, 3'-9' dotted, 6'-10' dotted, and 2'4' dotted lines. The gross mile measurement will be taken as the distance from the beginning of the painted line to the end of the painted line and will include the unmarked gaps for skip and dotted lines. The gross mile measurement will not include designated unmarked lengths at intersections, turn lanes, etc. Final measurement will be determined by plan dimensions or stations, subject to 9-1.3.1. 2. The length, in linear feet, of transverse lines, diagonal lines, chevrons, and parking spaces. 3. The number of pavement messages, symbols, and arrows. Each arrow is paid as a complete marking, regardless of the number of "points" or directions. 4. The number of temporary RPM's authorized and acceptably applied. 102-11.21 Temporary Raised Rumble Strips: The quantity to be paid for will be the number of calendar days, or portions thereof, that temporary raised rumble strips are certified as installed/used on the project within the Contract Time. The number of strips used must meet the requirements of the Design Standards, Index No. 603. No adjustment will be made to the per day measurement for the number of strips or sets used, or for the number of times the sets are relocated. 102-11.22 Temporary Lane Separator: The quantity to be paid for will be the field measure, in feet, of temporary lane separator certified as installed/used on the project, including drainage gaps, completed and accepted. MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 18 of 31 102-12 Submittals. 102-12.1 Submittal Instructions: Prepare a certification of quantities, using the Department's current approved form, for certified MOT payment items for each project in the Contract. Submit the certification of quantities to the Engineer. The Department will not pay for any disputed items until the Engineer approves the certification of quantities. 102-12.2 Contractor's Certification of Quantities: Request payment by submitting a certification of quantities no later than Twelve O'clock noon Monday after the estimate cut-off date or as directed by the Engineer, based on the amount of work done or completed. Ensure the certification consists of the following: 1. Contract Number, FPID Number, Certification Number, Certification Date and the period that the certification represents. 2. The basis for arriving at the amount of the progress certification, less payments previously made and less an amount previously retained or withheld. The basis will include a detail breakdown provided on the certification of items of payment in accordance with 102-13. After the initial setup of the MOT items and counts, the interval for recording the counts will be made weekly on the certification sheet unless there is a change. This change will be documented on the day of occurrence. Some items may necessitate a daily interval of recording the counts. 102-13 Basis of Payment. 102-13.1 Maintenance of Traffic (General Work): When an item of work is included in the proposal, price and payment will be full compensation for all work and costs specified under this Section except as may be specifically covered for payment under other items. 102-13.2 Traffic Control Officers: Price and payment will be full compensation for the services of the traffic control officers. 102-13.3 Special Detours: Price and payment will be full compensation for providing all detour facilities shown in the Plans and all costs incurred in carrying out all requirements of this Section for general MOT within the limits of the detour, as shown in the Plans. 102-13.4 Commercial Materials for Driveway Maintenance: Price and payment will be full compensation for all work and materials specified for this item, including specifically all required shaping and maintaining of driveways. 102-13.5 Work Zone Signs: Price and payment will be full compensation for all work and materials for furnishing signs, supports and necessary hardware, installation, relocating, maintaining and removing signs. 102-13.6. Business Signs: Price and payment will be full compensation for all materials and labor required for furnishing, installing, relocating, maintaining, and removing the signs as well as the cost of installing any logos provided by business owners. 102-13.7 Project Information Signs: Price and payment will be full compensation for all materials and labor for fumishing, installing, relocating, maintaining and removing signs. 102-13.8 Channelizing Devices: Prices and payment will be full compensation for furnishing, installing, relocating, maintaining and removing the channelizing devices. 102-13.9 Temporary Barrier: Price and payment will be full compensation for furnishing, installing, maintaining, and removing the barrier. When called for, temporary barrier (relocate) will be full compensation for relocating the barrier. 102-13.10 Temporary Glare Screen: Price and payment will be full compensation for furnishing, installing, maintaining, and removing the glare screen certified as installed/used on MAINTENANCE AGREEMENT NO.: CONTRACT # BF,391 FM NO.: 432726-1-78-06 Page 19 of 31 the project. When called for, glare screen (relocate) will be full compensation for relocating the glare screen. 102-13.11 Temporary Crash Cushion (Red ireetive/Gating): Price and payment will be full compensation for furnishing, installing, maintaining and subsequently removing such crash cushions. 102-13.12 Temporary Guardrail: Price and payment will be full compensation for furnishing all materials required for a complete installation, including end anchorage assemblies and any end connections to other structures and for installing, maintaining and removing guardrail. 102-13.13 Arrow Board: Price and payment will be full compensation for furnishing, installing, operating, relocating, maintaining and removing arrow boards. 102-13.14 Portable Changeable Message Sign: Price and payment will be full compensation for furnishing, installing, operating, relocating, maintaining and removing portable changeable message signs. 102-13.15 Portable Regulatory Signs: Price and payment will be full compensation for furnishing, installing, relocating, operating, maintaining and removing a completely functioning system as described in these Specifications. Payment will include all labor, materials, incidentals, repairs and any actions necessary to operate and maintain the unit at all times that work is being performed or traffic is being affected by construction and/or MOT operations. 102-13.16 Radar Speed Display Unit: Price and payment will be made only for a completely functioning system as described in these Specifications. Payment will include all labor, hardware, accessories, signs, and incidental items necessary for a complete system. Payment will include any measurements needed to insure that the unit conforms to all specification requirements. Payment will include all labor, materials, incidentals, repairs and any actions necessary to operate and maintain the unit at all times that work is being performed or traffic is being affected by construction and/or MOT operations. Price and payment will be full compensation for furnishing, installing, operating, relocating, maintaining and removing radar speed display unit. 102-13.17 Temporary Signalization and Maintenance: Price and payment will constitute full compensation for furnishing, installing, operating, maintaining and removing temporary traffic control signals including all equipment and components necessary to provide an operable traffic signal. Payment will be withheld for each day at each intersection where the temporary signalization is not operational within 12 hours after notification. 102-13.18 Temporary Traffic Detection and Maintenance: Price and payment will constitute full compensation for furnishing, installing, operating, maintaining and removing temporary traffic detection including all equipment and components necessary to provide an acceptable signalized intersection. Take ownership of all equipment and components. Payment will be withheld for each day at each intersection where the temporary detection is not operational within 12 hours after notification. 102-13.19 Work Zone Pavement Markings: Price and payment will be full compensation for all work specified including, all cleaning and preparing of surfaces. furnishing of all materials, application, curing and protection of all items, protection of traffic, furnishing of all tools, machines and equipment, and all incidentals necessary to complete the work. Final payment will be withheld until all deficiencies are corrected. MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 20 of 31 Removable tape may be substituted for standard paint at no additional cost to the Department. Payment for temporary RPMs used to supplement line markings will be paid for under temporary retroreflective pavement markers. (Install these markers as detailed in the Design Standards. 102-13.20 Temporary Raised Rumble Strips: Price and payment will be full compensation for all work and materials described in this Section, including all cleaning and preparing of surfaces, disposal of all debris, furnishing of all materials, application, curing, removal, reinstalling and protection of all items, protection of traffic, furnishing of all tools, machines and equipment, and all incidentals necessary to complete the work. 102-13.21 Temporary Lane Separator: Price and payment will be full compensation for all work specified in this Section. 102-13.22 Payment Items: Payment will be made under: Item No. 102- 1- Maintenance of Traffic - lump sum. Item No. 102-2- Special Detour - lump sum. Item No. 102-3- Commercial Material for Driveway Maintenance - per cubic yard. Item No. 102- 14- Traffic Control Officer - per hour. Item No. 102- 60- Work Zone Sign - per each per day. Item No. 102- 61- Business Sign - each. Item No. 102- 62- Barrier Mounted Work Zone Sign — per each per day Item No. 102- 71- Temporary Barrier - per foot. Item No. 102- 75- Temporary Lane Separator - per foot Item No. 102- 73- Temporary Guardrail - per foot. Item No. 102- 74- Channelizing Devices - per each per day. Item No. 102- 76- Arrow Board - per each per day. Item No. 102- 78- Temporary Retroreflective Pavement Markers - each. Item No. 102- 81- Temporary Crash Cushion, Gating - per location. Item No. 102- 89- Temporary Crash Cushion, Redirective - per location. Item No. 102- 94- Glare Screen - per foot. Item No. 102- 99- Portable Changeable Message Sign - per each per day. Item No. 102-104- Temporary Signalization and Maintenance - per intersection per day. Item No. 102-107- Temporary Traffic Detection and Maintenance - per intersection per day. Item No. 102-150- Portable Regulatory Sign - per each per day. Item No. 102-150- Radar Speed Display Unit - per each per day. Item No. 102-909- Temporary Raised Rumble Strips - per day. Item No. 102-911- Removable Tape (White/Black) - per gross mile. Item No. 102-912- Removable Tape (Yellow) - per gross mile. Item No. 710- Painted Pavement Markings. Item No. 711- Thermoplastic Pavement Markings. MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 21 cif 31 MAINTENANCE OF TRAFFIC. (REV 10-27-16) (7-17) ARTICLE 102-3 is expanded by the following new Subarticle: 102-3.4 MOT Maintenance Services: Provide personnel to perform MOT setup, maintenance and take -down duties when a Work Document is issued.. Time begins when the Engineer is notified that setup is complete and flagging operations and maintenance of devices are ready to begin. Travel time to and from the work site is not included. Provide only one person for the maintenance of devices unless otherwise directed by the Engineer. Notify the Engineer when time ends and setup or take -down begins. Mobilization and all costs incurred will be considered incidental to the work. Emergency mobilization will be paid when a Work Document is issued with a start date of less than 72 hours. SUBARTICLE 102-5.4 is deleted and the following substituted: 102-5.4 Crossings and Intersections: Provide and maintain adequate accommodations for intersecting and crossing traffic. Do not block or unduly restrict any median opening, road or street crossing the project unless approved by the Engineer. Maintain all existing actuated or traffic responsive mode signal operations for main and side street movements for the duration of the work. Restore any loss of detection within 12 hours. Use only detection technology listed on the Department's Approved Products List (APL) and approved by the Engineer to restore detection capabilities. Before beginning any construction, submit to the Engineer the names and phone numbers of persons that can be contacted when signal operation malfunctions. ARTICLE 102-7 is expanded by the following: Provide off -duty law enforcement officer when required by the Work Document or as directed by the Engineer. SUBARTICLE 102-9.17 is deleted and the following substituted: 102-9.17 Truck Mounted Attenuators and Trailer Mounted Attenuators: Furnish. install and maintain only those attenuators that meet the requirements of NCHRP 350 or the MASH. Use truck mounted attenuators or trailer mounted attenuators, when called for in the Design Standards. Use attenuators listed on the APL. When attenuators are called for, use either a truck mounted attenuator or a trailer mounted attenuator system designed and installed in accordance with the manufacturers recommendations. Equip the attenuator cartridge with lights and reflectors in compliance with applicable Florida motor vehicle laws, including turn signals, dual tail lights, and brake lights. Ensure that lights are visible in both the raised and lowered positions if the unit is capable of being raised. MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 22 of 31 Install either alternating black with yellow or white with orange sheeting on the rear of trailer mounted attenuators and on truck mounted attenuators, in both the operating and raised position. Use Type III (work zone) or Type I`J sheeting consisting of 4 or 6 inch wide stripes installed to form chevrons that point upward. All sheeting except black shall be retroreflective. Payment will be made per day when included in the Work Document or as directed by the Engineer. Payment includes all costs for materials, labor, tools, equipment and incidentals required for performing the work described in this Section. SUBARTICLE 102-11.1 is deleted and the following substituted: 102-11.1 General: Devices installed/used on the project on any calendar day or portion thereof, within the Contract Time, including time extensions which may be granted, will be paid for at the Contract unit price for the applicable pay item. For this Contract, all pay items with unit "Each Day (ED)" and "Hour (HR)'' will be defined as follows: 1. Time for "Each Day" will be calculated in 24 hour increments starting at the time specified in the Work Document. 2. "Hour" rates will be paid in increments of I hour, rounded up to the hour. ARTICLE 102-11 is expanded by the following new Subarticles: 102-11.23 MOT Maintenance Services: The quantity to be paid will be the number of hours that MOT duties are performed, beginning when setup is complete to the initiation of takedown. 102-11.25 Truck Mounted Attenuator: The quantity to be paid will be the number of days, per day, regardless of the number of locations work is performed at each site. ARTICLE 102-12 is deleted. ARTICLE 102-13.1 is deleted and the following substituted: 102-13 Basis of Payment. 102-13.1 Maintenance of Traffic (General Work): When an item of work is included in the proposal, price and payment will be full compensation for all work and costs specified under this Section except as may be specifically covered for payment under other items. When the proposal does not include a separate item for Maintenance of Traffic, all work and incidental costs specified as being covered under this Section will be include for payment under the several scheduled items of the overall Contract and no separate payment will be made therefore. SUBARTICLE 13.22 is deleted and the following substituted: 102-13.22 MOT Maintenance Services: Price and payment will be full compensation for work performed. MAINTENANCE AGREEMENT NO.: CONTRACT # BF391 FM NO.: 432726-1-78-06 Page 23 of 31 102-13.25 Truck Mounted Attenuator: Price and payment will be full compensation for providing truck mounted attenuators each day regardless of the number of locations work is performed at each site. 102-13.26 Payment Items: Payment will be made under the items shown in the Bid Price Proposal. 10440 ROADSIDE MOWING. (REV 9-24-14) (7-17) The following new Section is added after Section 104: SECTION 10440 ROADSIDE MOWING 104-40.1 Description. Mow grass or vegetation in roadside areas with conventional mowing equipment. Use specialized equipment or hand labor when required to perform specified work in certain areas or during certain times. Vegetation consists of planted and/or natural grasses, weeds, and other vegetation within the area to be mowed. Comply with the current edition of the Department's "A Guide to Roadside Vegetation Management". 104-40.2 Types of Mowing Areas. 10440.2.1 General: The Engineer will determine the areas to be cut and type of mowing to be accomplished in each. All hand labor required to perform the specified work around appurtenances will be incidental to the type of mowing being performed. Appurtenances include, but are not limited to, sign post and bases, delineator post, fences, guardrail, barrier walls, end walls, pipes, drainage structures, poles, guys, mail boxes, landscaped areas, and trees. 10440.2.2 Large Machine Mowing: Large machine mowing encompasses the routinely mowed areas of shoulders, front and back slopes that are 3 horizontal to l vertical or less, roadside ditch bottoms, large median islands and similar areas conducive to the use of large machine mowing equipment. 10440.2.3 Slope Mowing: Slope mowing is generally limited to slopes greater or steeper than 3 horizontal to I vertical and are relatively inaccessible to the use of conventional style equipment, e.g., steep slopes, wet roadside ditch bottoms, canal banks, intersections, overpasses. etc. These type areas will require the use of specialized equipment designed for slope mowing. 10440.2.4 Intermediate Machine Mowing: Intermediate machine mowing consists of mowing areas not accessible by large machine mowing equipment but not conducive to the use of small machine mowing equipment. These areas consist of shoulders, roadside ditch bottoms, raised median islands, various width utility strips, and similar areas. 10440.2.5 Small Machine Mowing: Small machine mowing consists of mowing areas not accessible by large and intermediate machine mowing equipment. These areas consist of narrow shoulders, landscaped shoulders, narrow roadside ditch bottoms, raised landscaped median islands, narrow width utility strips, and similar areas. 10440.3 Frequency of Mowing. The area and limits of mowing have been previously established and are distinguishable in the field. Where landscaping has been established or natural landscaping has been preserved, MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 24 of 31 mow conforming to the established mowing contours. Mow up to the limits maintained by the Department and around existing appurtenances located within the roadway right-of-way as directed by the Engineer. The Engineer will determine the type of mowing, the estimated number of acres to be accomplished within a specified number of calendar days (cycle), when to begin each mowing cycle, and the total number of cycles. Complete each mowing cycle within N/A calendar days of beginning the cycle, weather permitting. The approximate number of cycles for each type of mowing will be as follows: Large Machine Mowing Slope Mowing Intermediate Machine Mowing Small Machine Mowing Mow Wildflower plots approximately N/A cycles (N/A minimum cycles) N/A cycles (N/A minimum cycles) 11 cycles (N/A minimum cycles) N/A cycles (N/A minimum cycles) N/A times per year. Wildflower plots or naturally occurring wildflowers are to be avoided when in bloom and when re -seeding. A deduction will not be made fronri the pay quantities for any wildflower area not mowed, unless it exceeds one acre. Quantities will be agreed upon prior to beginning work in any area in question. 104-40.4 Equipment. Equip all mowing equipment with a slow moving vehicle sign located on the rear of the tractor, amber flashing light or white strobe light mounted on the tractor, 18 inch X 18 inch fluorescent orange warning flags mounted on each side of the rear of the mower, protective devices on the mower to prevent objects from being thrown into traffic, and safety devices installed by the manufacturer. Properly install and maintain safety devices at all times when the equipment is in use. If the Engineer determines that any equipment is deficient in safety devices, remove the equipment from service immediately. Keep the equipment out of service until the deficiency is corrected to the satisfaction of the Engineer. Inspection of the equipment by the Engineer will not relieve the Contractor of responsibility or liability for injury to persons or damage to property caused by the operation of the equipment, nor will it relieve the Contractor of the responsibility to meet the established time for the completion of the mowing cycle. Maintain the mowing equipment so as to produce a clean, sharp cut and uniform distribution of the cuttings at all times. The mowing equipment used will have the capability of cutting a height from 4 inches to 12 inches. Furnish equipment of a type and quantity to perform the work satisfactorily within the time specified herein. 104-40.5 Method of Operation. Begin any mowing cycle when authorized by the Engineer in writing. Notify the Engineer when a cycle is started and when work is interrupted for any reason. Prior to beginning work on the first cycle, provide a pattern or plan for mowing to the Engineer for approval. Subsequent cycles will follow the pattern adopted for the first cycle. Mow shoulders and medians concurrently within the limits of the area mowed so that not more than one mile will be left partially mowed at the conclusion of the working day. Mow grass and vegetation on slopes or around appurtenances concurrent with the mowing operation. Complete each mowing cycle in its entirety prior to beginning another cycle. MAINTENANCE AGREEMENT NO.: CONTRACT a BE391 FM NO.: 432726-1-78-06 Page 2-5 of 31 When work by other's, or weather conditions of a temporary nature, prevent the mowing of any areas, and such conditions are eliminated during the period designated for that mowing cycle, the Engineer may require mowing of these areas as part of the cycle without penalty fir exceeding the time allowed or additional compensation. Do not mow -grassed areas saturated with standing water to the point standard mowing equipment may not be used without excessive damage to the turf. At the Engineer's discretion. mow the areas during a subsequent cycle, or cut to the surface of the water using hand labor or other specialized equipment. Additional compensation may be requested for alternate methods used to mow wet areas (as specified in 104-40-9). Quantities will be agreed upon prior to beginning work in any area in question. No deduction will be made from the pay quantities for any one area authorized by the Engineer to remain un-mowed during a cycle unless it exceeds one acre in extent. Prior to mowing, pickup, remove and dispose from the right-of-way, any large items such as wood, tires, cans, bags of trash, newspapers, magazines, large boxes, etc., that would be torn. ripped, or scattered by the mower and result in an objectionable appearance. Exercise the necessary care to preclude any source of litter. 10440.6 Limitation of Operation. Maintenance of traffic will be in accordance with Section 102. When mowing within tour feet of the travel -way (travel lane), operate the equipment in the same direction of' the traffic. unless the adjacent lane is closed to traffic. All lane closures will have the prior approval of the Engineer. Mowers may operate in either direction when mowing four feet or more from the travel -way. Perform all work during daylight hours. The foregoing requirements are to be considered as minimum and compliance will in no way relieve the Contractor of final responsibility for providing adequate traffic control devices for the protection of the public and employees throughout the work areas. 10440.7 Quality. Completed areas will be reviewed for quality and acceptance by the Engineer. Re-mo%v areas determined to be unsatisfactory, by the Engineer, at no additional cost to the Department. Complete areas requiring re -mowing within the mowing cycle time specified in Subarticle 104- 40-3. Mow all grass and vegetation to a height of 6 inches plus or minus 1 /2 inch. When determined by the Engineer, certain areas, due to location, may be cut to a height of 4 inches plus or minus 1/2 inch. No streaking or scalping will be allowed in the areas mowed. Mowing areas of different widths will be connected with smooth flowing transitions. No accumulation or piling ofcuttings will be allowed as a result of cleaning of the equipment. Mow all grass and vegetation on slopes or around appurtenances to the same height and quality as the surrounding mowed area when using hand tools. Negligence that results in damage to turf, curbs, sidewalks, pavement, signs or structures, mail boxes, appurtenances, etc. will be repaired or replaced to the satisfaction of the Engineer at no additional cost to the Department. Complete repairs prior to submission of the invoice for work accomplished during the cycle. It is not required to remove grass or other vegetation cuttings from the right-of=way. or required to rake or pick up the cuttings in rural areas. In Urban Areas, with Small, Intermediate, or Large Machine Mowing the cuttings will need to be removed from sidewalks, curb & gutter. t MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 26 of 31 gutter, and inlets by the Contractor. The use of blowers (away from traffic) will be allowed to remove the cuttings. 104-40.8 Method of Measurement. The quantities to be paid for will be the area, in acres, of mowing completed and accepted. 10440.9 Basis of Payment. Additional compensation for hand labor or the use of specialized equipment in cutting wet areas will be included under Item No. E104-4-2 Slope Mowing. Prices and payment will be full compensation for furnishing all equipment. materials. labor, and incidentals necessary to complete all mowing operations specified. Compensation will be the unit price per acre for mowing times the actual acres completed and accepted. Payment will be made under the items specified in the Bid Price Proposal. 110-30 ROADSIDE LITTER REMOVAL. (REV 8-1-13) (7-17) The following new Section is added at the end of Section 110: SECTION 110-30 ROADSIDE LITTER REMOVAL 110-30.1 Description. Provide pickup, removal, disposal of litter, and otherwise undesirable or objectionable appearing debris within the maintained limits of the highway right-of-way. Litter or debris may consist of varied sizes of bottles, cans, paper, tires, tire pieces. lumber, vehicle parts, metal junk, brush, and other items to be removed under this work. 110-30.2 Frequency of Removal. The Engineer will determine when to begin each pickup. Areas or portions of areas may be increased or decreased, as determined by the Engineer. The total number and the timing of pickup will depend upon the litter conditions that exist. Areas specified as litter removal areas will be picked up approximately 12 times. The actual number of litter pickups maybe increased or decreased, as determined by the Engineer, due to the intensity of litter or special events. Complete each litter removal cycle within N/A calendar days of beginning the cycle. weather permitting, as determined by the Engineer. 110-30.3 Equipment. Equipment that is utilized to transport litter will be constructed in a manner to preclude further distribution or loss of litter along the roadway. Cover and secure all open top carriers with tarpaulins. Submit a written request for approval, to the Engineer, for the use ofspecialized equipment designed for mechanized removal of litter and debris. Demonstrate satisfactory results at no cost to the Department that the specialized equipment will produce quality litter removal. if deemed necessary by the Engineer. The Engineer may require additional safety devices or precautions unique to the equipment. Equipment that damages curbs, pavement, or turf will not be allowed. MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 27 of 31 110-30.4 Limitation of Operation. Any equipment left on the right-of-way overnight will be parked outside the clear zone. except in median areas where no equipment will be permitted to be parked overnight. All service and supply operations will be conducted between the travel -way and the right-of-way line and be outside the clear zone. No supply vehicles will enter the median for any purpose. No service vehicle will enter the median except when necessary to repair or remove inoperable equipment. No work will be permitted during non -daylight hours. Workmen will wear orange clothing of high visibility such as a vest, shirt. or jacket, when performing litter pickup operations. 110-30.5 Disposal of Litter and Debris. Provide locations for disposal and remove all litter that has been placed in trash bags for pick up from the right-of-way at the end of each working day. Be responsible for disposal of litter and debris and any cost that may incur in accordance with applicable Federal, State and Local Rules and Regulations. Storage or stockpiling of litter or debris on the right-of-way will not be permitted. Provide the landfill receipts with each invoice submittal. 110-30.6 Quality. Completed areas will be reviewed for quality and acceptance by the Engineer. Areas determined to be unsatisfactory, by the Engineer, will be re -cleaned at no additional cost. Areas will be cleaned in a manner that they are left reasonably free of all litter and debris. The Engineer will not penalize for litter and debris that may have been deposited between the time the work was completed and the time when the Engineer approves the work. However, the Engineer's judgment when evaluating completed work will be final. 110-30.7 Method of Measurement. The quantities to be paid for under this Section will be the number of acres of roadside cleaned and accepted. 110-30.8 Basis of Payment. Payment will be full compensation for furnishing all equipment, materials, labor, disposal, and incidentals necessary to complete designated areas of litter and debris removal, less any areas omitted. Payment will be made under the items specified in the Bid Price Proposal. 110-31 ROAD AND BRIDGE SWEEPING. (REV 8-1-13) (7-17) The following new Section is added at the end of Section 110: SECTION 110-31 ROAD AND BRIDGE SWEEPING 110-31.1 Description. Provide routine mechanized road and/or bridge sweeping to clean and remove sand, soil. paper, glass, cans, grass clippings, and other debris. Areas to be swept include but are not limited to; curb and gutters, valley gutters, bridge decks and curbs, inside and outside highway interchange ramps (with paved shoulders greater than 12 inches), outside and median paved shoulders, gore areas, toll plazas (when applicable), bi-directional lanes, areas adjacent to barrier MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 28 of 31 walls, areas adjacent to median -noses and splitter islands, areas on top of inlet grates and other designated sites as determined by the Engineer. 110-31.2 Frequency of Sweeping. Mechanically sweep specified areas approximately 12 times. The total number of sweeping cycles within the contract period may be increased or decreased as determined by the Engineer to meet field conditions. Complete each sweeping cycle within N/A calendar days after issuance of the work document. Complete each sweeping cycle in its entirety prior to the beginning of another cycle. In assessing liquidated damages, the calendar days established in this Section will be used for determining delinquency of progress for each sweeping cycle. No sweeping operations will be performed between the hours of (to be determined by the engineer) and (to be determined by the engineer). Submit sweeping schedules to the Engineer for approval. 110-31.3 Safety. Provide Maintenance of traffic in accordance with Section 102. The work vehicle (sweeping machine) will have an operating flashing beacon and the shadow vehicles will be equipped with an approved advance warning arrow panel, warning sign, and truck mounted attenuator (crash cushion system). All sweeping will be accomplished with or in the same direction as the traffic, sweeping opposing the traffic will not be permitted. The foregoing requirements are to be considered as minimum and the compliance will in no way relieve the Contractor of final responsibility for providing adequate traffic control devices for the protection of the public and employees throughout the work areas. 110-31.4 Equipment. Furnish equipment of a type and quantity to perform the work satisfactorily within the time specified. The sweeping equipment will be capable of meeting the quality requirements of 110-31.8 in one pass and a maximum of two passes for areas determined unsatisfactory by the Engineer. The mechanized road sweeper(s) will have a minimum capacity of four cubic yards. The Engineer or his representative prior to being placed into service will inspect all sai'ety devices on the sweeping operation equipment. Any deficient safety devices will be corrected or replaced immediately and service will not begin until the deficiency is corrected. Inspection and approval of the equipment by the Engineer will not relieve the Contractor of responsibility or liability for injury to persons or damage to property caused by the Contractor's operations. Equipment that damages pavement, curbs, or turf will not be allowed. Damages as a result of the operations will be repaired at no cost to the Department. 110-31.5 Dust Control Equipment. The sweeping operation will not create excessive airborne dust or other particles. as determined by the Engineer. Equipment supplied with a functioning water spray system normal to the industry for dust control will satisfy this requirement. 110-31.6 Parked Vehicles. Vehicles that are parked in the sweeping area are to be swept around. The area occupied by a parked vehicle will be considered as work accomplished. MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 29 or31 110-31.7 Removal and Disposal of Debris. Debris may be encountered that is larger than the mechanized sweeper can remove such as; tires, tire parts, hub caps, large stones, boxes, tree limbs, wood, cable, and other such materials. Remove all debris encountered using other means (hand or mechanized), regardless of' the size. Piles of soil may be encountered and vegetation that may require special removal methods during the sweeping operations. Furnish all labor, materials, and equipment required to accomplish removal of these built-up areas. Stockpiling or disposal of debris on the Department's right-of-way shall not be permitted. Provide areas for disposing of debris in accordance with all Federal, State, and Local Rules and Regulations in effect at the time of the disposal. Cost involved with the disposal of debris will be included in the contract unit price per mile of mechanized (mechanical) sweeping. 110-31.8 Quality. Pick up and remove from the areas to be swept, any obstacle such as wood, tires, cans. etc. that can not be picked -up by the sweeper to include areas under guardrail on paved shoulders. Remove all items such as newspapers, magazines, large boxes, etc. that would be torn, ripped, or scattered by the sweeper and result in an objectionable appearance. Completed work will be clean and free of all accumulated debris immediately after sweeping, as determined by the Engineer. Areas determined unsatisfactory by the Engineer will be re -swept to the satisfaction of the Engineer within the time specified, at no additional cost to the Department. 110-31.9 Method of Measurement. The quantities to be paid for under this Section will be the number of miles completed and accepted measured longitudinally to the travel lane to the nearest one hundredth of a mile. A second unit of measurement will be required from the Contractor. The cubic yards of material picked up, will be reported to the inspector for each sweeping cycle completed. If the contract is for more than one county, the number of cubic yards picked up will be prorated by county based on the number of miles swept in each county. The width will be sufficient to cover the entire width of curb and gutters, valley gutters, bridge decks and curbs, inside and outside highway interchange ramps (with paved shoulders greater than 12 inches in width, outside and median paved shoulders, barrier walls, gore areas, toll plazas (when applicable), and other designated sites. Areas requiring more than one sweeping pass to sufficiently remove the debris will not be compensated twice. 110-31.10 Basis of Payment. Payment will be full compensation for furnishing all equipment, materials, labor, and incidentals necessary to complete all sweeping operations, including hand work, as specified. Compensation will be at the unit price per mile times the actual miles completed and accepted. Payment will be made under the items specified in the Bid Price Proposal. sm MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page 30 of 31 110-32 EDGING AND SWEEPING (REV 9-16-09) (7-17) The following new Section is added at the end of Section 1 10: SECTION 1110-32 EDGING AND SWEEPING 110-32.1 Description. Edge, sweep, remove and dispose of vegetation from curb and gutter and sidewalk areas including, but not limited to, median island curbs, roadside curbs, the front and/or backside of sidewalks and gutters, bike paths, curb inlets throats and other areas as designated by the Engineer. 110-32.2 Frequency of Edging and Sweeping. The Engineer will determine the total number of edging and sweeping cycles and when to begin each cycle. All areas designated are to be edged and swept approximately 6 times per year. Complete each cycle within N/A calendar days from the beginning of the cycle, weather permitting, as determined by the Engineer. Quantities will be agreed upon prior to beginning work in any area in question. 110-32.3 Equipment. Provide positive means to control dust from edging and sweeping operations. Use equipment for removal or transportation of debris or litter that precludes distribution or loss of debris or litter along the roadway. Operate moving equipment in the same direction as the flow of traffic. 110-32.4 Method of Operation. Do not begin work until authorized, in writing, by the Engineer. Develop a work pattern from the locations listed in the work document, unless the Engineer designates the priority ol'thc work. Edging — The blade of the edger must produce a clear sharp cut. The trench resulting from the actions of the cutting blade will not exceed, one inch in width from the edge of the surface being edged. Do not push grass or weeds into the trench. Vegetation - Vegetation consists of grass, weeds, or bushes up to one inch in diameter that extend beyond the normal grassed areas onto the curb, sidewalk, bike paths, or other designated areas. Uniformly cut and remove all vegetation, extending over the curb. sidewalk. bike paths, or other designated area to the back edge! of the curb, sidewalk, bike path. or other designated area. Sweeping - Sweep all debris (grass, weeds, soil, litter, etc.) from the curb and gutters. inlet throats and grates, sidewalks, and bike paths to produce a clean appearance. Do not use blowers in the edging, sweeping or debris removal operation. Remove and dispose of properly the soil and vegetation from the gutter or sidewalk, including joint areas. Debris Disposal — Remove debris and/or litter produced by the edging or sweeping from the job site daily. Do not stockpile or store debris or litter on the right-of-way overnight. Dispose of all debris in accordance with Federal, State, and Local Rules and Regulations. Include the cost of disposal of the debris, litter, and vegetation trimmings in the contract unit price for edging and sweeping. Remove any debris that falls into curb and inlet structures. Return at a later time and complete the edging and sweeping operations in areas where access is blocked by parked vehicles or other obstructions. MAINTENANCE AGREEMENT NO.: CONTRACT # IIE391 FM NO.: 432726-1-78-06 Page 31 of 31 Conduct all edging, sweeping, and disposal activities during daylight hours only, unless otherwise specified in the contract documents or approved by the Engineer. The Engineer may approve nighttime operations upon request, at no additional compensation for nighttime traffic control. The Engineer may restrict the hours of operations based on peak traffic hours, local conditions, or special events. Complete all required edging, sweeping, and disposal of debris within the limits worked by the conclusion of each workday. The quality and acceptance of work will be determined by the Engineer. Re -edge or re - sweep areas that are determined to be unacceptable at no additional cost to the Department. Repair or replace damage to curbs, sidewalks, pavement, or turf due to negligence to the satisfaction of the Engineer at no additional compensation. 110-32.5 Method of Measurement. The quantities to be paid will be the total miles of edges of curb and gutter, paved shoulders, sidewalks or other areas, edged and/or swept, completed and accepted. Areas that are maintained by businesses, groups, individuals, or areas where the brass and/or weeds fail to grow sufficiently to justify performing this work will be omitted as determined by the Engineer. Areas requiring more than one edging/sweeping pass to sufficiently remove the debris will not be compensated twice. 110-32.6 Basis of Payment. Price and payment will be full compensation for all the work specified in this Section and will include all equipment, labor, materials, and incidentals necessary to complete the work. Payment will be made under the items specified in the Bid Price Proposal. Introduction to Community Redevelopment Agencies Robert P. Franke, AICP CUD nick Background on CRNs Authorization for CRA's was passed in the Redevelopment Act of 1969 which became Chapter 163 Part III of the Florida Statutes As of last review there are 202 CRA Districts registered with the Florida Department of Community Affairs Currently the only form of Tax Increment Districts in widespread use in the 0 t. E Four -step Process Adopt the Finding of NecessitX. This will formally identify the blight conditions within the targeted area and establish the area boundary. Create the CRA, a separate public body corporate and politic to be known as a "community redevelopment agency." Develop and adopt the Community Redevelopment Plan. The plan addresses the unique needs of the targeted area and includes the overall goals for redevelopment in the area, as well as identifying specific projects. :. Oity, of Okeechobee Presentation July 18, 2017 , 3 The Community Redevelopment Every CRA is required to have aCommunity Redevelopment Plan 5 ' The CRP is the guiding document of the CRA outlining the projects and programs to be undertaken Projects/programs not outlined in the CRP cannot be undertaken The Key CRA Concept I F.S. 163.345 - Encouragement of Private Enterprise Any county or municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this part, shall afford maximum opportunity, consistent with the sound needs of the county or municipality as a whole, to the rehabilitation or Encouragement of Private Enterprise The county or municipality shall give consideration to Private Enterprise in the: ' 0 Formulation of a workable program Approval of: 0 Community Redevelopment Plans a Communitywide plans or programs for community redevelopment VJe ICI all neighborhood redevelopment lans Development and implementation of community policing innovations Exercise of its zoning powers Enforcement of other laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements Development of affordable housing Encouragement of Private Enterprise In giving consideration to the objectives outlined, the county or municipality shall consider making available the incentives provided under the Florida Enterprise Zone Act and Chapter 420. r tents of the Redevelopment Limitations on the type, size, height, number, and proposed use of buildings. Property intended for public improvements Identify any publicly funded capital projects to be undertaken A CRA Can ... Acquire and hold property Demolish buildings Dispose of property at FAIR VALUE To develop property (including affordable housing) Install, construct, and repair other public improvements 'City of Okeechobee Presentation July 28, 2017 0 A CRA Can ... Solicit proposals for re/development (Developer RFP's) Borrow money or accept funds/grants from any source (borrowing subject to approval of the Governing Body) Close, vacate, plan, replan streets, sidewalks, other places Petition for changes to land use, zoning City of Okeechobee Presentation July 18, 2017 10 t E Borrowing Money A CRA can borrow money with the approval of the Governing Body This borrowing can Revenue Bond be in the form of: BankLoan— including line of credit Loan from Governing Body Even If Allowed By Statute...... Any project or program a CRA wishes to undertake must be outlined in the Community Redevelopment (CRP) IF IT IS NOT IN THE PLAN YOU CAN'T DO IT! to to to ! Plan t Tax Increment Revenues CRA Distric ' Assessed Value Other Forms of Redevelopment 0 Downtown Development Authorities Neighborhood Improvement Districts I Special Assessment District Next Steps r1' i63.355 Finding of necessity by county or municipality. —No t county or municipality shall exercise the community . redevelopment authority conferred by this part until after the h governing body has adopted a resolution, supported by data and analysis, which makes a legislative finding that the conditions in the area meet the criteria described in s. i-63(7) or (8). The resolution must statethat:(1) One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in such county or municipality; and (2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, o_rwe fare of the residents of such county or municipality. City of.okeechobee Presentation July 18, 2017 " 15 Next Steps 163.356 Creation of community redevelopment agency.— (1) Upon a finding of necessity as set forth ins.=, and upon a further finding that there is a need for a community redevelopment agency to function in the county or municipality to carry out the community redevelopment purposes of this part, any county or municipality may create a public body corporate and politic to be known as a "community redevelopment agency." Next Steps Continued i63-357 Governing body as the community redevelopment agency.—(1)(a) As an alternative to the appointment of not fewer than five or more than seven members of the agency, the governing body may, at the time of the adoption of a resolution under s.,„,, or at any time thereafter by adoption of a resolution, declare itself to be an agency, in which case all the Questions? 5 0 EXHIBIT 8 JuLy 18, 2017 Exhibit 8 will be provided at the meeting. Paragraph 4.4 is amended as follows: The four (4) members of the Authority Board appointed by the County and City shall then, by a simple majority vote, appoint a fifth member of the Authority Board and one (1) alternate representative who may attend all meetings of the Authority Board and shall have the authority to vote in the absence of said fifth member; provided , however for so long as the service area encompasses a portion of Glades County, said fifth member and the alternate for that member, shall be a resident(s) in Glades County service area. Paragraph 4.17 is amended as follows: The Authority Board shall cause to be made quarterly a comprehensive report of its activities, including all matters related to rates, expense of maintenance, repair and operation, renewals and capital replacements, principal and interest requirements. Additionally, the final year report will include an audited annual financial statement. The report will be presented to both County and City respectively by the appointed member of each. Copies of such reports shall be forwarded to the County and the City, and shall constitute a public record. Add Paragraph 4.18: The Authority Board shall cause to develop and maintain a rolling three (3) strategic plan which includes goals and objectives for the following strategies: Financial, workforce, fleet management, infrastructure, asset management and best practices, operational excellence and customer service. This plan will be presented annually to both County and City by their appointed members on the Authority Board. Add Paragraph 4.19 The Authority Board shall ensure all construction of new or the maintenance of existing water and wastewater facilities are coordinated with County or City Public Works Departments ensuring roads and drainage right of ways are fully restored after the completion of work. Add Paragraph 4.20 The Authority Board may utilize the Okeechobee Board of County Commissioners chamber to conduct all meetings. The meetings will be at a minimum video tape delayed and posted to the Authority Board's website for the public providing the necessary means of transparency. The County will provide the Commissioner Chambers and associated technical support at no cost to the Authority Board. Add Paragraph 4.21 Both the City and County reserve the right to remove any one of their appointed Authority Board member(s). 1%0 Exhibit 9 July 18, 2017 CULPEPPER & TERPENING, INC. June 23, 2017 CONSULTING ENGINEERS LAND SURVEYORS C&T Project No. 12-114 File: Contract Sender's Email: smatthesat ct-eng.com VIA: Email (mmontesdeoca a cit�,ofokeechobee.com) Original via U.S. Mail Mr. Marcos Montes De Oca, P.E. City of Okeechobee 55 SE 3rd Avenue Okeechobee, Florida 34974 RE: Professional Consulting Engineering & Surveying Services Renewal # 2 Dear Mr. Montes De Oca: On behalf of the firm of Culpepper & Terpening, Inc., we are pleased to submit this letter as a formal request to extend our current contract with the CITY OF OKEECHOBEE for Professional Consulting Engineering & Surveying Services for the period of twelve months beginning September 17, 2017 and ending on September 17, 2018. This represents the second of two (one-year) renewal options. This extension is to be granted under the same terms and conditions as the original contract. In support of this request, we are pleased to enclose the following items for your further consideration: ■ A copy of our office's current Certificate of Insurance; Should you have any questions or require any additional information, please feel free to contact me directly at (772) 464-3537 or via the email address referenced above. Sincerely, CU PPER & TERPENING, INC. jI i Ste . atthes, P.E. Se o �ce resident SK1NL•rnc Enclosure: Agreement for Engineering & Surveying Services A LEGACY OF EXPERTISE AND EXCELLENCE c: \u,c rs \.mnuhcs\appclata\Io4I9BBr�$ tXLI Titu�j�Tl&ir, 9rT�tfr Etc n:nrFv�t rr�l E �XCE:1�•Q�:U1�298V12;11 � 2r�CQ )N14fj de 8fit��sclrr:rfe&� ra).TJ��1741BrY391Q6 � NONEXLUSIVE PROFESSIONAL ENGINEERING AGREEMENT BETWEEN THE CITY OF OKEECHOBEE AND CULPEPPER & TERPENING, INC. FOR PROFESSIONAL ENGINEERING & SURVEYING SERVICES PROJECT: PROFESSIONAL: Professional Consulting Engineering & Surveying Services Culpepper & Terpening, Inc DATED: September 17, 2013 2980 South 25th Street Ft. Pierce, FL 34981 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, hereinafter "Contract," made and entered into the l7th day of September, 2013 by and between Culpepper & Terpening, Inc, 2980 South 25th Street, Ft Pierce, Florida, 34981, hereinafter referred to as "Professional" and the City of Okeechobee, Florida, a municipal corporation, 55 SE 3'd Avenue, Okeechobee, Florida 34974, hereinafter referred to as "City", for and in consideration of the following terms, conditions and covenants. I. PURPOSE OF AGREEMENT City intends to enter into a contract with Professional for provision of Professional Engineering & Surveying Services by the Professional and the payment for those services by City as set forth below. II. SCOPE OF SERVICES The Professional shall provide Professional Engineering & Surveying Services in all phases of any Project for which a PROJECT AUTHORIZATION has been issued by the City pursuant to this Agreement as hereinafter provided. These services will include serving as City's professional consulting representative for the Project, providing professional consulting consultation and advice and fumishing customary Civil Engineering & Surveying Services and customary services incidental thereto as described in the Project Authorization. The detailed scope of services to be performed and schedule of fees for those services shall be detailed in each Project Authorization. Section I. Scope of Service Professional shall work with the City Administrator, City Attorney, City Public Works Director, or other City staff in advising the City and the City Council regarding Professional Engineering & Surveying Services. The services will be those customarily attendant to Civil Engineering & Surveying Services including, but not limited to the following - A. Preparation of roadway location or alignment studies B. Preparation oEroad,.vay design C. Preparation of land acquisition documents D. Preparation of a hydrologic & hydraulic studies E. Preparation of storm drainage system design F. Preparation of new or retrofit storm water management design G. Preparation of floodplain studies H. Preparation and procurement of requisite environmental permits I. Performance of traffic counts J. Preparation of traffic studies and analysis K. Preparation of maintenance of traffic design L. Preparation of structural studies and design for bridges, culverts and retaining walls Page 1 rn M. Preparation of construction documents N. Preparation of cost estimates O. Presentation to the Council, staff, and the public of reports, plans, and exhibits P. Preparation of as -built plans Q. Review of plans, specifications and estimates developed by others R. Other customary Professional Civil Engineering Services III. AGREEMENT PROVISIONS Section 1. Period of Service 1.1 Term of Agreement Upon award of this Agreement, the effective date of this Agreement shall be the date of execution of this Agreement by both City and Professional. Term of this agreement shall be for an initial period of three (3) .years with the option of two (2) additional one-year renewal periods, upon the mutual agreement of the parties. At the option of the City, and upon the agreement of the Professional, this Contract may be converted to or replaced at any time with a "Continuing Services Contract" as that term is used in Section 287.055, et seq, Florida Statutes (CCNA). 1.2 Project Authorization Each "Project Authorization" shall specify the Period of Service agreed to by the City- and the Professional for services to be rendered under said "Project Authorization". Section 2. Compensation and Method of Payment 2.1 Fee Schedule CITY will compensate Professional for services under each Project Authorization. The fee due to the Professional shall be set forth in each Project Authorization and shall be in accordance with Professional's personnel hourly rate schedule formalized in "Exhibit C" to this Agreement. Professional's personnel hourly rate schedule may be updated annually prior to each optional renewal period. 2.2 Invoices Professional shall submit monthly invoices to the City no later than the last day of the month for work accomplished under this Contract. Each invoice shall be detailed and include, but not be limited to, hours worked by each person assigned to the Project, date worked and all ancillary expenses incurred and by whom. 2.3 Payment Payment for services rendered is due within thirty days of receipt and approval of invoice by City. Payment is delinquent 30 days following receipt and approval of invoice by City. Section 3. Reimbursable Expenses Professional shall be reimbursed only for approved out pocket expenses directly chargeable to the Project, at actual cost incurred. Reimbursable expenses will include travel, lodging and meals when traveling at the City's request and on the City's behalf. These expenses shall conform to rates and allowances set forth in Florida State Statute, Sec 112.061, regarding per diem and traveling expenses. Identifiable communication expenses, reproduction costs, and special accounting expenses not applicable to general overhead shall be reimbursed at actual cost. Page 2 Section 4. Additional Services 4.1 Requests for Additional Services The undertaking by the Professional to perform professional services defined within this Contract extends only to diose services specifically described herein_ If upon the request of die City, the Professional agrees to perform additional services hereunder, the City shall pay the Professional for the performance of such additional services an amount (in addition to all other amounts payable under this Agreement) based on an hourly fee in accordance with Professional's current personnel fee schedule, plus reimbursable expenses so incurred by the Professional; unless a lump sum addendum to this Contract is executed by the parties to this Contract which addresses the additional services. 4.2 Changes in Scope/Conditions Additional Senices shall include revisions to work previously performed that are required because of a change in the data or criteria furnished to the Professional, or a change in the scope of concept of the Project initiated by die City, or services that are required by changes in the requirements of public agencies, after work under this Contract has commenced. Section 5. Use of Documents 5.1 Ownership of Original Documents All deliverable analysis, reference data, survey data, plans and reports or any other form of written instrument or document that may result from the Professional's services or have been created during the course of the Professional's performance under this Contract shall become the property of and shall be delivered to the City after final payment is made to the Professional. 5.2 Public Records Act § Ch 119 Compliance Professional understands and agrees that records and documents prepared by Professional or the City for the performance of services may be subject to the Public Records Act, Florida §, ch.119 and may be required to be produced as provided in said statute. Section 6. Termination 6.1 Termination for Convenience Either party upon a thirty (30) days written notice to die other party may terminate this Contract. In the event of any termination, Professional shall be paid for all services rendered to the date of termination including all reimbursable expenses. Section 7. C1TY's Obligations 7.1 Data to be Furnished The City shall provide Professional with all data, studies, surveys, plats and all other pertinent information concerning the Project in the possession of the City upon request. 7.2 Designated Representative The Designated Representative of the City to act with authority on the City's behalf with respect to all aspects of the Project shall be identified in each Project Authorization. Section 8. Persons Bound by Agreement 8.1 Parties to the Agreement The persons bound by this Contract are the Professional and the City and their respective partners, successors, heirs, executors, administrators, assigns and other legal representative. Page 3 8.2 Assignment of Interest in Agreement This Contract and any interest associated with this Contract may not be assigned, sublet or transferred by either party without the prior written consent of the other party. Nothing contained herein shall be construed to prevent Professional from employing such independent Professionals, associates and subcontractors as Professional may deem appropriate to assist in the performance of the services hereunder. 8.3 Rights and Benefits Nothing herein shall be construed to give any rights or benefits arising from this Contract to anyone .other than Professional and the City. Section 9. Indemnification of City Professional shall to the fullest extent allowed by law, defend, indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Professional and other persons employed or utilized by the Professional in the performance of the contract. Specific consideration for this indemnity is $10.00, the receipt and sufficiency of which are hereby acknowledged by Professional. Professional shall obtain, maintain and pay for general liability insurance coverage to insure the provisions of this paragraph. Section 10. Insurance. 10.1 Workers' Compensation The Professional shall procure and maintain, during the life of this Contract, Worker's Compensation insurance as required by Florida Statutes, Chapter 440 for all of employees of the Professional engaged in work on the Project under this Contract. 10.2 Insurance Policy Limits Professional shall procure and maintain insurance policies with at least the following coverage and amounts, during the life of this contract: 10.2.1: General Liability Insurance. In a combined single limit of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. 10.2.2: Automobile Liability Insurance. 'In a combined single limit of $250,000.00 each occurrence. 10.2.3: Professional Liability or Errors and Omissions Insurance_ In a combined single limit of $1,000,000.00 aggregate. 10.3Insurance Cancellation The Professional shall furnish to the City Certificates of Insurance allowing thirty (30) days notice for any change, cancellation, or non -renewal. If the insurance policies expire during the terms of the Contract, a renewal certificate or binder shall be filed with the City fifteen (15) days prior to the renewal date. 10ACity to be Named Additional Insured The plans and speci6cations and other contract documents to be prepared by Professional pursuant to this Contract shall require the insurance of liability of the person, Firm or corporation which would, as contractor, perform the work described in such plans and specifications. The amounts of insurance shall be determined by the City. The City shall be named as "additional insured" with regard to the coverage of such policies of insurance. Page 4 10.5Status of Claim. The Professional shall be responsible for keeping the City currently advised as to the status of any claims made for damages against the Professional resulting from services performed under this Contract. The Professional shall send notice of claims related to work under this Contract to the City. Copies of the notices shall be sent by fax, hand delivery or regular mail to: City Administrator, City of Okeechobee 55 SE 31d Avenue Okeechobee, Florida 34974 Fax: (863) 763-1686 Section 11. Professional Standards 11.1 Other Agreements This Section Not Used. 11.2 Approvals Not Guaranteed All work performed by Professional will be in accordance with the highest professional standards and in accordance widi all applicable governmental regulations. However, Professional does not warrant or represent that any governmental approval will be obtained, only that the Professional will exercise its best efforts to obtain all such approvals contemplated under this Contract. 11.3 Governmental Regulations Professional shall assure that work performed under each Project Authorization shall be in accordance with all applicable governmental regulations_ Section 12. Opinions of Cost Since the Professional has no control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding, or market conditions, any and all opinions as to costs rendered hereunder shall be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified Professional, familiar with the current market. The Professional cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost. If at any time the City wishes greater assurance as to the amount of any cost, the City shall employ an independent cost estimator to make such determination. Consulting services required to bring cost within any limitation established by the City will be paid for as additional services hereunder by the City. Section 13. General Conditions 13.1Venue in Okeechobee County Venue for any lawsuit to enforce the terms and obligations of this Contract shall he exclusively in the County Court or the Circuit Court in and for Okeechobee County, Florida. 13.2La-vs of Florida The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida. 13.3Attomey's Fees and Costs In the event the Professional defaults in the performance of any of the terms, covenants and conditions of this Contract, the Professional agrees to pay all damages and costs incurred by the CITY in the enforcement of this Contract, including reasonable attorney's fees, court costs and all expenses, even if not taxable as court costs, including, without limitation, all such fees, costs and expenses incident to appeals incurred in such action or proceeding. Page S AW 13AMediation as Condition Precedent to Litigation Prior to the initiation of any litigation by the parties concerning this Contract, and as a condition precedent to initiating any litigation, the parties agree to first seek resolution of die dispute through non -binding mediation. Mediation shall be initiated by any party by serving a written request for same on die other party. The party shall, by mutual agreement, select a mediator within 15 days of the date of the request for mediation. If the parties cannot agree on the selection of a mediator then the CITY shall select the mediator who, if selected solely by die CITY, shall be a mediator certified by the Supreme Court of Florida. The mediator's fee shall be paid in equal shares by each party to the mediation. 13.5Contract Amendment No modification, amendment or alteration in the terms or conditions contained in this Contract shall be effective unless contained in a written documents executed with the same formality and of equal dignity herewith. No verbal agreement by the CITY or the City's representative identified herein shall be binding or enforceable against the CITY. Section 14. Exhibits The following Exhibits are attached to and made a part of this Contract: "Exhibit A" - "Proposal as Submitted by Professional and Accepted by City" "Exhibit B" - "Original Request for Proposal as Issued by City, including all Addenda" "Exhibit C" - "Professional's Personnel Hourly Rate Schedule." "Exhibit D" - "Insurance and Indemnification." IN-\VITNESS WHEREOF, the CITY and the Professional have made and executed this Contract the day and yeu first.above written. t\"TTEST: Lane amiotea J. City Clerk. APPROVED AS TO FORM AND CORRECTNESS v Sim k _c John R. Cook City Attorney WITNESSES: fr>� Si ature) (Signature) CI Vpflcs E. Kirk 'Mayor PROFESSIONAL (Signatt' e} sr& vvj K• MA-ruE� (Printed Name & Title) pt66 IiS(;q r Page 6 CULP&TF-01 RARWICKT `4� Ro CERTIFICATE OF LIABILITY INSURANCE FDATE/12/DD/YYYY) 112/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER License # OE67768 ACT Teresa Barwick COT Insurance Office of America, Inc. Abacoa Town Center 1200 University Blvd, Suite 200E-MAILUfM3s,Teresa.Barwck Jupiter, FL 33458 PHONE FAX (A/C, No, Ext): (561) 296-6143 26033 (A/C, Ne):(321) 214-6477 ioausa.com INSURER(SI AFFORDING COVERAGE NAIC N INSURER A: Phoenix Insurance Company 25623 INSURED INSURER B: Travelers Indemnity CompanV of America 25666 INSURER C: Travelers IndernnitV Company 25658 Culpepper & Terpening Inc. INSURER 0:Brid efield Employers Insurance Company 10701 2980 S. 25th Street Fort Pierce, FL 34981 INSURER E : INSURER F COVERAGES CERTIFICATE NIIMRFR• MI Iaanco. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP DNYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I OCCUR 660-9D794955 01/16/2017 01/16/2018 EACH OCCURRENCE $ 1,000,000 PREMISES EfEaQc TO wnncel RENTED S 100,000 GEN'L MED EXP (Any oneperson) 5,000 PERSONAL & ADV INJURY 11000,000 AGGREGATE LIMIT APPLIES PER: POLICY ❑X JEo LOC OTHER: GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 S B AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED---- AUTOS ONLY AUTOS AUTOS ONLY X AUOTOS ONLY BA-9D795085 01/16/2017 01/16/2018 COMBINED SINGLE LIMIT accident)X $ 11000,000 _(Ea BODILY INJURY lPerperson) S BODILYBODILY INJURY Peraccidenl - S PerOax�dent AMAGE $ PIP S 10,000 C X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE CUP-4194T132 01/16/2017 01/16/2018 EACH OCCURRENCE S,000,OOO $ AGGREGATE $ 5,000,000 DED X RETENTIONS 10,000 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE ----YIN OFFICER/MEMgER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 83037409 01/16/2017 j I 01/16/2018 X I PER OTH- E-L. EACH ACCIDENT _--_- 1,000,000 S E.L DISEASE -EA EMPLOYE 1,000,000 $ E.L. DISEASE -POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Certificate Holder is Additional Insured as respects General Liability, when required by written contract and subject to Policy terms and conditions. City of Okeechobee 55 SE 3rd Avenue SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUUTHHOORIZED REPRESENTA,IVTIVE! _ ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD REVISED EXHIBIT #10 July 18, 2017 AGREEMENT TO PIGGYBACK A CONTRACT FOR SERVICES BID BY ANOTHER GOVERNMENTAL ENTITY WHEREAS, USA Services, Inc., a Florida Corporation, entered into an agreement dated April 2011, and renewed on March 7, 2016, a copy of which is attached hereto, with the City of Cape Coral, Post Office Box 150027, Cape Coral, FL 33971, a Florida Municipal Corporation, for services procured pursuant to F.S. §287.057 (the "Contract"); and WHEREAS, the City of Okeechobee, a Florida Municipal Corporation (the "City") has the legal authority under Chapter Two, Section 2-289 of the City Of Okeechobee Code of Ordinances to "piggyback" onto a contract procured pursuant to F.S. §287.057 by another governmental entity when seeking to utilize the same or similar services provided for in the said Contract; and WHEREAS, the City desires to "piggyback" onto the above referenced Contract between USA Services, Inc. and the City of Cape Coral for utilization of the same or similar services (the "Work") and USA Services, Inc. consents to the aforesaid "piggybacking." NOW THEREFORE, having found it to be in the public interest, 1. USA Services, Inc. affirms and ratifies the terms and conditions of the above referenced Contract with the City of Cape Coral and agrees to perform the services set forth therein for the City in accordance with the terms of said Contract until the Work is completed. The City agrees to utilize the services of USA Services, Inc. in a manner and upon the terms and conditions as set forth in the Contract with the City of Cape Coral until the Work is completed. 3. TERMINATION: This Contract may be terminated by the City for its convenience upon thirty (30) calendar days prior written notice to USA Services, Inc. In the event of termination, USA Services, Inc. shall be paid as compensation in full for Work performed to the day of such termination, an amount pro -rated in accordance with the Work substantially performed under this Contract. Such amount shall be paid by the City after inspection of the Work to determine the extent of performance under this Contract, whether completed or in progress. 4. PUBLIC RECORDS: The legislature has amended Chapter 119 Florida Statutes, Section .0701 thereof, to expand the obligation of local government to include into all contracts certain language that relates to public records, which is made a part of this contract. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE CITY OF OKEECHOBEE AT: CITY CLERK'S OFFICE 55 S.E. 3rd Avenue Okeechobee, FL. 34972 (863) 763-3372 ext. 9814 Igam iotea@cityofokeechobee.com The contractor shall adhere to Florida public records laws, including the following: a. Keep and maintain public records required by the City to perform the services, and upon request of the custodian of records for the City, provide the City with a copy of the requested records or allow the records to be copied or inspected within a reasonable time at a cost that does not exceed the cost allowed in Chapter 119 or as otherwise provided by law. b. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this contract term and following completion of the contract if the contractor does not transfer the records to the City. Upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or thereafter keep and maintain public records required by the City to perform the service. If the contractor transfers all public records to the City upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request of the City Clerk, in a format that is compatible with the information technology systems of the City. Noncompliance. a. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the contractor of the request, and the contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. A reasonable time is defined as within eight (8) business days. b. If the contractor does not comply with the request of the City for the records, the City shall enforce the contract provisions in accordance with the contract. c. If the contractor fails to provide the public records to the City within a reasonable time, the contractor may be subject to the penalties under Chapter 119.10. Civil Action. a. If a civil action is filed against a contractor to compel production of public records relating to the City's contract for professional services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, If: The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the City and to the contractor. b. A notice complies with the above if it is sent to the custodian of public records for the City and to the contractor at the contractor's address listed on its contract with the City, or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. c. A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. Approved by the City of Okeechobee City Council this 18th day of July, 2017. CITY OF OKEECHOBEE Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney USA SERVICES, INC. Kra Whitmore As Authorized Agent STATE OF FLORIDA COUNTY OF NOTARY PUBLIC, State of Florida The foregoing was executed before me this day of , 2017, by Kra Whitmore, who personally swore or affirmed that he is authorized to execute this Agreement and thereby bind the Corporation. Seal/stamp: Exhibit 10 July 18, 2017 AGREEMENT TO PIGGYBACK A CONTRACT FOR SERVICES BID BY ANOTHER GOVERNMENTAL ENTITY WHEREAS, USA Services, Inc. a Florida corporation, entered into an agreement dated February 16, 2016, a copy of which is attached hereto, with the City of Cape Coral, PO Box 150027, Cape Coral, FL 33971 a political subdivision of the State of Florida, for services procured pursuant to F.S. §287.057 (the "Contract'), and WHEREAS, the CITY OF OKEECHOBEE, a Florida municipal corporation (the "City") has the legal authority under Chapter Two, Section 2-289 of the City Of Okeechobee Code of Ordinances to "piggyback' onto a contract procured pursuant to F.S. §287.057 by another governmental entity when seeking to utilize the same or similar services provided for in the said contract; and WHEREAS, the City desires to "piggyback' onto the above referenced Contract between USA Services, Inc. and the City of Cape Coral for utilization of the same or similar services (the "Work') and Burton & Associates, Inc. consents to the aforesaid "piggybacking-". NOW THEREFORE, having found it to be in the public interest, 1. USA SERVICES, INC. affirms and ratifies the terms and conditions of the above referenced Contract with THE CITY OF CAPE CORAL and agrees to perform the services set forth tl'Oreinfor the City of Okeechobee in accordance with the terms of said Contract until the Work is completed. 2. The City agrees to utilize the services of USA SERVICES, INC. in a manner and upon the terms and conditions asset forth in the Contract with the CITY OF CAPE CORAL until the Work is completed. Approved by the City of Okeechobee City Council this CITY OF OKEECHOBEE Dowling R Watford, Mayor ATTEST: Lane Gamiotea, CIVIC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY. John R. Cook, City Attorney day of July 2017. USA Services, Inc. Kra Whitmore As Authorized Agent STATE OF FLORIDA COUNTY OF NOTARY PUBLIC, State of Florida The foregoing was executed before me this day of 2017, by Kra Whitmore, who personally swore or affirmed that he is authorized to execute this Agreement and thereby bind the Corporation. Seal/stamp: USA 800-226-3200 Headquarters in Orlando, FL SuwiCrs Offices in Cocoa, Ft. Myers, Jacksonville, Leesburg, and Tampa SERVICE AGREEMENT PROPERTY LOCATION: BILLING INFORMATION: Name SAME Name CITY OF OKEECHOBEE Address City Phone Zip Address 55 SE 3RD AVE. City OKEECHOBEE, FL Zip 34974 Fax Phone 863-763-3926 Fax Ordered By David Allen Email dallen@cityofokeechobee.com Service Details Hourly Sweeping Service Routinely Scheduled Sweeping Service $ Per Hour Sweeps Per Hour Minimum $ Per Sweep Portal to Portal Per Curb Mile Sweeping Service $ Per Mile Miles Per Cycle Cycles Per $ Disposal Fee $ Mobilization Fee OUR SERVICE WILL INCLUDE: 1.) SWEEP STREETS PER LIST (28.8 CURB MILES) 2 X PER MONTH 2.) SWEEP CITY HALL PARKING LOT 1 X PER MONTH($250.00 PER SWEEP) 3.) USA WILL HANDLE ALL DISPOSAL COSTS 4.) CITY WILL SUPPLY WATER FOR SPRAY SYSTEM (DUST CONTROL) 57.6CM X $35.00 PER CM=$1008.00..... +$250.00(PK LOT)=$2226.00 PER MONTH "$35.00 PER CM IS THE PIGGYBACK PRICE FROM THE CITY OF CAPE CORAL Customer USA Services of Florida, Inc. Signature Signature' i,�ys- Print Name Print Name Kra Whitmore Date Date PO Box 520580, Longwood, FL 32752 Fax 407-339-0241 SQ► 800-226-3200 Headquarters in Orlando, FL Sifrvicrs Offices in Cocoa, Ft. Myers, Jacksonville, Leesburg, and Tampa Terms • Conditions 1. This Agreement shall be assignable by either of the parties and shall be binding upon such a personal representatives of parties. If property is sold or otherwise transferred then said Agreement shall remain in force and effect until the expiration of said agreement. If Agreement is executed by other than the owner, the signitor herein acknowledges that he has the legal authority to execute said agreement on behalf of owner and bind said owner to this agreement. 2. Customer agrees to defend, indemnify and hold harmless the Company from and against all claims for loss or damage to property, injury or death or persons arising from presence of equipment on Customer's premises or from its use, to roads, paved areas or any surface necessary for Company's trucks to travel over, to service the premises of Customer. 3. In the event of a default by Company, Customer shall provide Company with written notice specifying each and every area of non-performance and Company will have a ten day period from receipt of notice to correct same. 4. Payment is due on receipt of invoice from Company. Company will charge an 18% per annum late fee for any invoices remaining unpaid for 30 days. If any payment is not made when due, Company has the right to suspend service to Customer for non-payment without liability when Company advises Customer is in default. Company may impose, and Customer agrees to pay, late fee for all past due payments. 5. The term of the contract shall be for five (5) years starting September 1, 2017 and ending August 31, 2022 and may be automatically renewed for one (1) additional five year period upon mutual agreement by the CITY and the CONTRACTOR. 6. This contract may be terminated by the CITY for its convenience upon thirty (30) calendar days prior written notice to the CONTRACTOR. In the event of termination, the CONTRACTOR shall be paid as compensation in full for work performed to the day of such termination, an amount prorated in accordance with the work substantially performed under this Contract. Such payment shall be paid by the CITY after inspection of the work to determine the extent of performance under this Contract, whether completed or in progress. 7. This Agreement shall continue in effect for terms provided herein and shall apply to changes of service address location or additional locations of Customer within area in which Company provides service. 8. Should Customer request service other than that agreed to in Agreement, either verbally or in writing, such changes shall be evidenced by action and practices of parties. Unless otherwise requested no work will be performed on Easter Sunday, Thanksgiving Day, Christmas or New Years Day. 9. In the event Company initiates or defends litigation between Company and Customer to enforce or defend its right herein, Customer agrees to pay all costs in connection with such litigation as well as Company's reasonable Attorney's fees. Parties further agree that venue and jurisdiction for any litigation shall be Orange County, Florida. Parties specially waive the right to a jury trial in any litigation under the contract. 10. The Schedule of Change shall be adjusted to reflect increases or decreases in the Consumer Price Index, fuel costs or other uncontrollable items. 11. In the event customer decides to take bids on said property after agreement expires they must notify the company within ten (10) days by written notice. Company shall then have first right of refusal or to match any written proposal by a licensed company. PO Box 520580, Longwood, FL 32752 Fax 407-339-0241 • A - SERVICES CONTRACT # CON-PW1 1-1 516tt Pop 1 of b THIS CONTRACT is made this..A9 Ad dW of w , 20)( by and between the CITY OF CAPE CORAL, FLORIMA, hereinafm called "Cffr, and USA Servim of Florida. Inc., doing business as a corporation, hereinafter celled "CONTRACTOR". WITNESSETH: For and in coneldsration of the payments and agreements mentioned hereinafter: The CONTRACTOR will provide Street Sweeping Services in accordance with the Contract Documents, 2. The CONTRACTOR will furnish all of the material, supplies, took, equipment, labor and other Wvicbs "C866417Y for the o011`11* ion of the "Micas ditQ*ed In the Contract Docutrients. Time In of the essence In the perkm ance of this Contract. 3. The CONTRACTOR wilt ccwnrriteace work as rein red by the CONTRACT DOCUMENTS within JQ calendar days after the receipt of the written Notice to Proceed and will complete the same in Ninety (90) Calendar days. 4. The CONTRACTOR agr+a+ee to perform all of the WORK desatbad in the CONTRACT DOCUMENTS for S A >f.3 ,§2 fisted as CONTRACTOR'S Coed Proposal (Exhtblt A) during the 16rrn of the contract. 5. The Wm of the contract to be awarded as a result of this bid shall be for fire (5) yearn starting on May 1, 2011 and erndkV an April 30, 2018 and may be automatically renewed for one (1) additional five year period upon mutual agreement by the City end the Contractor. G. This Cor*act may be a mirmited by the CITY for Its convenience upon thirty (30) calendar days prior written notice to the CONTRACTOR in the event of termination, the CONTRACTOR shall be paid as coy nation In full for work performed to the day of such termination, an amount prorated in accordance with the work subsally performed under this Contract. Such amount shall be paid by the CITY after Inspection of the work to determine the extent of performance under this Contract, whether completed or in p Wess. The Term Totrtract Doanrrt W shalt Include this Contract, addenda, RFP, Coniradoes BW except when It eonf icla with any other contractual pr Asion, the Notice to Proceed, Cart kaum, and the Bid Package prepared and issued by the City. In the event of conflict between any provision of any other doctxnent referenced herein as part of the contract and this Contract, the terms of this Contrad shall control. 8. A"Lag=,j: This Contract may not be assigned except with the written consent of the CITY, and K so assigned, shell extend and be binding upon the strooessom and assigns of the CONTRACTOR. 9. Q, YM: The CONTRACTOR werraents that it has not employed or retained any company or parsons, other than a bons fide employee wod*V solely for the CONTRACTOR to solicit or secure this Conttrad and that It has not paid or agreed to pay any person, company. corponOon. individual or firm, other than a bons fide employee working solely for the CONTRACTOR, any fee, commission, perterrtsge, gItt, or other compensation contingent upon or resulting from the award or maldng of the C�tract. _ Ii tnftlsia SERVICES CONTRACT At CON•PW11-151CN Pago 2 of i5 10. Administration of Contract: The Public Works Director, or his/her representative, shall administer this Contract for the CiTY. 11. Governing Law: The validity, construction and effect of this Contract shall be governed by the taws of the State of Florida. All claim and/or dispute resolution under this Agreement, whether by mediation, arbitration, litigation, or other method of dispute resolution, shalt take place to Lee County, Florida. More specifically, any litigation between the parties to this Agreement shall be conducted in the Twentieth Judicial Circuit, in and for Lee County, Florida. In the event of any litigation arising out of this Contract, the prevailing party shall be entitled to recover from the non-prevalling party reasonable costs and attomey's fees. 12. Amo iraertts: No Amendments or variation of the !terms or conditions of this Contract shall be valid unless In writing and signed by the parties. 13, Payments: CITY shall wake payment and CONTRACTOR shaft be In receipt of all sums property invoiced within thirty (30) calendar days of the City's receipt of such invoice unless, within a fifteen (15) calendar day period, CiTY notifies CONTRACTOR in writing of its objection to the amount of such Invoice, together with CiTY'S determination of the proper amount of such Invoice. CITY shall pay any undisputed portion of such invoice within such thirty (30) calendar day period. if CITY shall give such notice to the CONTRACTOR within such Offeen (15) calendar day period, such dispute over the proper amount of such Invoice shall be resolved, and after final resolution of such dispute, CITY shall prompty pay the CONTRACTOR the amount so determined„ tens any amounts previously paid by CITY with respect to such Invoice. to the event it is determined that CiTY has overpaid such Invoice, the CONTRACTOR shag promptly refund to the CITY the! amount of such overpayment. 14, Q20tNelg s Reorsrssetatlgns; In order to induce CITY to enter into the Contract CONTRACTOR makes the fallowing representations, CONTRACTOR has been familiarized with the Contract Documents and the nature and extent of the work required to be performed, locality, local conditions, and Federal, State, and Local laws, ordinances, rules and regulations that in any manner may affect costs, progress or performance of the work. CONTRACTOR has made or caused to be made examinations, Investigations and tests and studies as deemed necessary for the performance of the Work at the Contract Price, within the Contract Time and In accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. CONTRACTOR has correlated the results of all such observations, examinations, Investigations, tests, reports and data with the terms and conditions of the Contract Documents, CONTRACTOR has given CITY written notice of all conflicts. errors or discrepancies that have Ymben discovered in the CONTRACT DOCUMENTS and the written resolution thereof by CITY is acceptable to CONTRACTOR. ir�t+Sis SERVICES CONTRACT T # CON-PWI I -I61 H Page 3 of 5 15 n s jy; To the extent permitted by taw (F.S. 768.28), the CONTRACTOR shall indemnify and hold harmless the CiTY, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, ressonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by CONTRACTOR in the performance of this Contract. 16. Damaste Liability; The awarded CONTRACTOR shall be responsible: for all claims filed for damage to private property, windows, screen enclosures, real estate signs, etc. Additionally, the CONTRACTOR shall be responsible for damage to all public property or utility property, fie hydrants, catch basins, guy wires telephone pedestals, etc. Copies of all damage claims shall be submitted to the Procurement Dlvtsion. 17. hVidid Prawiaion, The invalidity or unenforceabdity of any particular provision of this Contract shall not affect the other provisions hereof, and the Contract shalt be construed in all respects as if such invalid or urn 1brceable provisions were omitted. 18. .f. t scordA; The CONTRACTOR shall maintain auditable records conceming the procurement adequate to account for ail receipts and expenditures, and to document compliance with the specifications. These records shall be kept in accordance with generally accepted accounting methods, and the CITY reserves the right to determine the record -keeping method in they event of non- conformity. These records shaft be maintained for five (5) years after final payment has been made, ten (10) years for capital Improvements to reai property, and shall be readily available to CITY personnel with reasonable notice, and to other persons In accordance with the Florida Public Disclosure Statutes - The City intends to reuse all plans at some future time, in accordance with Section 287,055(11), Florida Statutes There shall be no public notice requirement or utilization of the selection process when the city reuses the plans. 19• Insurance: Unless otherwise specked, FIRM shall, at its own expense, carry and maintain the following minimum insurance coverage, as well as any insurance coverage required by law. 82 Wo*ws' Compensation insurance with limits that comply with statutory requirements and Employer's Liability insurance with a lower limit of $1,000,000 per occurrence, including, without limitation, coverage for Occupational Diseases, to provide for the payment of benefits to its employees employed on or in connection wtth the Worit covered by this Agreement and/or to their dependents. b. Broad Form Commercial General Uabilfty insurance (on an occurrence basis), with a minimum combined single limit for Bodily Injury, including Death of $1,000,000 per occurrence and for Property Damage of at least $1,000.000 per occurrence. c Business Auto Liability Insurance with minimum Bodily Injury and Death Limit per accident of $1,000,000 and a minimum Property Damage Limit per accident of $1,000,000. ! Initials i i poa� SERVICES CONTRACT # CON-PW11-151CH �► Page 4 of 3 d, FIRM shall require its subcontractors to provide for such benefits and carry and maintain the foregoing types of insurance at no expense to CITY. e. CITY shalt be named as an "Additional Insured" under the CONTRACTOR'S General Liability Insurance Policy with respect to the services performed by the CONTRACTOR or by the OWNER. f. Prior to commencing any Work under this Agreement, FIRM shall submit to CITY a certificate or certificates of Insurance: evidencing that such benefits have been provided, and that such Insurance is being carried and maintained. Such certificates shall stipulate that the insurance will not be cancelled or materially changed without thirty (30) days prior written notice by certified mail to CITY, and shalt also specify the date such benefits and Insurance expirs. FIRM agrees that such benefits shall be provided and such insurance carried and maintained until the Work has been completed and accepted by CITY. e. Such benefits and such coverage as are required herein, or In any other document to be considered a part hereof, shall not be deemed to limit Firm's liability under this Agreement. 20. UNORdM AtMto: Tait emplayment of unauthorized aliens by any Contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of any contract resulting from this solicitation, This applies to any sub -contractors used by the Contractor as weft. 21. Entirs Aan>iamaint: This Contract constitutes the entire and exclusive agreement between the parties and supersedes any and all prior communications, discussions, negotiations, understandings, or agreements, whether written or verbal. (Balance of page left blank) t ►Mtiakt J lx� SERVICES CONTRACT # CON-PW11 •'t 5/CH IVA Page 5 of 5 t IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed, by their duly authorized ot6r Ws fts Contract in Lft counterparts which shall be deemed an original on the date last sl2ned as below written WtMESS CITY { Signature: °GCl b14 Typed Name: Rebecca Man DeWskorn Title: City Clgrk ILI WITNESS CONTRACTOR: Signature: Clzx Typed Name: JJUACe 2NAAAllf�y.e/ CITY. Gov -Qf Cam F Signature: Typed Name: Gary R. ICi Title:` City Manaaer _ Date: CITY LE.GjkL REVI V�r Qalores Meneridez V - [}ate City Attorney CONTRACTOK. Company: t � Signature- Typed Name: 0-ARA7iNE Rrvzo Title: DaiB'� �f i CONTRACT #CON-PW11-15/CH RENEWAL PAGE 1 OF 2 Reterenoe is made to the Contract on, into between the CRY OF CAPE CORAL and USA SERVICES OF FLORMA, +iNC, which has option to renew for one (1) addittioml 5-year period. All terms, conditions, specifications and iterns of the afommentioned Contract are incorporated herein by reference and rernain in fuH fame and effect except as clarlhed herein. Record t{Minia. Records of the Contractor's personnel, sub -contractors, and the costs pertaining to the Project shall be kept in accordance with generally accepted accounting practices. Contractor shall keep full and detailed accounts and financial records pertaining to the provision of services for the City. Prior to cornmencmg work, Contractor shalt review with and obtain the City's approved of ttte accounting procedures ,and records to be utilized by the Contractor on the Project Contractor shall preserve the aforementioned Project records for a period of ten (10) years after Final payment, or for such longer period as may be required by law, Pubiic &SM& The City is a public agency subject to Chapter 119, Florida Statutes, Tile Contractor shad t ompiy w1h Florida's Public Records Law. Specifically, the Contractor shall: • Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; • Provide the public with access to such public records on the some terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119. FS, or as otherwise provided by law; • Ensure that public records that are exempt or that are confidential and exempt from public record requiretrtents are not disclosed except as authorized by law; • Meet all requirements for retaining puttic records and transfer to the City, at no cost, all public accords In possession of ft Contractor upon termination of the Agreement and destroy any duplicate public records that are exempt or corifrdeMial and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. ENO OF PAGE CONTRACT #CON-PW11-151CH RENEWAL RAGE 2 OF;? BY MUW-0 agm&rn$nt cd the C*n#*C0"g Pa ft1ee, th4 COMMcA Period is hereby extended for an add,Mon* Year peslad ei'f"Ove May 1, 2016 throu9b Ap I M. 2021 FOR THE CITY OF CAP om FOR USA SERVICES OF FLORIDA, INC.: Signature Signature. Printed Name- A. Jahn SzeCla. ` Printed Naffs ��1��{',pT,•ry �1� �rP`�'�` r1'Ie: City Mal rimer TII1e: !/ / ZZ LEGAL REVIEW IAISZ.144 9, - L E 1 1 i RESOLUTION 2,6 — 16 • A RESOLUTION OF THE CITY COUNCIL OF TIME CITY OF CAPE CORAL AUTHORIZING THE RENEWAL OF THE CONTRACT FOR STREET SWEEPING SERVICES BETWEEN THE CITY OF CAPE CORAL AND USA SERVICES OF FLORIDA, INC., FOR A FIVE-YEAR PERIOD; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT RENEWAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cape Coral entered into a contract with USA Services of Florida, Inc., for street sweeping services on April 22, 2011; and WHEREAS, the term of the contract is for five years with the option of renewal for one five-year period; and WHEREAS, the renewal of the contract would be effective for the period of May 1, 2016 through April 30, 2021; and WHEREAS, the City Council desires to authorize the City Manager to approve the renewal of the contract with the terms of the original contract remaining in hxIl force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE CORAL, FLORIDA, AS FOLLOWS: Section 1. The City Council hereby approves the renewal of the contract for streetsweeping services in the amount of $1,496,109 ($299,221.80 per year) effective May 1, 2016 through April 30, 2021, with the terms of the original contract remaining in fall force and effect A copy of the original contract is attached hereto as Exhibit A. Section 2. The City Coundl hereby authorizes the City Manager or his designee to execute the Contract Renewal and all purchase orders. A copy of the Contract Renewal is attached hereto as Exhibit B. Section 3. This Resolution shall take effect immediately upon its adoption ADOPTED BY THE CITY COUNCIL OF TIME CITY OF CAPE CORAL AT ITS REGULAR COUNCIL SESSION THIS ��'^ DAY OF .2016. IV.CA I L. S CKI, MAYOR VOTE OF MAYOR AND COUNCILMENIBERS: SAWICKI LEON BURCH ERBRICK CARIOCIA CAIDSSTOUT COSEN ATTESTED TO AND FILED IN MY OFFICE THIS i I+h DAY OF 2016, 9 REIBECCA VAN I3EU EKOM CITY CLERK APPROVED AS TO FORM: a\jml wtf DOLORES D. MENENDEZ CITY ATTORNEY Contact Rme wl — USA Scryk" of Florida 077-14 Ke,<-, C2&-./( CONTRACT #CON-PW11-15/CH RENEWAL PAGE 1 OF 2 Reference is made to the Contract entered into between the CITY OF CAPE CORAL and VGA SERVICES OF FLORIDA, INC. which has option to renew for one (1) additional &year period. Alt terms, conditions, specifications and Items Ottite aforementioned Contract are incorporated herein by reference and remain In full force and effect except as clarified herein. Record K"Wria. Records of the Contractor's personnel, sub -contractors, and the meta pertaining io the Project shall be kept in accordance with generally accepted accounting practices. Contractor shall keep full and detailed accounts and financial records pertaining to the provialon of services for the City. Prior to commencing work, Contractor shall review with and obtain the Cltys approval of the accounting procedures and records to be utilized by the Contractor on the Project Contractor shall preserve the aforementioned Project records for a period of ten (10) years after final f payment, or for such longer period me may be required by law. Public Records, The City is a public agency subject to Chapter 119, Florida Statutes, The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall; Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service, • Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided In chapter 119, FS, or as otherwise provided by law; Ensure that public records that are exempt or that are oonfidentlal and exempt from public record requirements are not disclosed except as authorized by law; • Meet all requirements, for retaining public records and transfer to the City, at no cost, all public records In possession of the Contractor upon termination of the Agreement and destroy any duplicate public records that are exempt or conf4ential and exempt. All records stored electronically must be provided to the City in a format that Is compatible With the Information technology systems of the agency. END OF PAGE +err` CONTRACT #CON-PW11.15ICH RENEWAL PAGE 2 OF 2 BY mutual agreement of the Contracting Patties, than Contract Period is hereby extended for an additional &yaw period effective Ma+t i, 2018 through Aprit 30, 2011 FOR THE CITY OF CAPA CORA FOR USA SERVICES OF FLORID& INC.: FEIN: /9,3 s.s a Signature 91Qmtvre•_ Printed Name: A. Jghn Szerian Printed Nemea9.tvrlly� �Aif /s'Z�t Tttie mower iTtlta: f%! Date: I d I 1 a l �► Date:_ �6 1 t ' S � ydy f 1 {r({ LEGAL REVIff -EW t Dolores Men en ez, Ity Alrey JI a � 1 e 1 • e grfoo�o. flor�do i rs Irm SAJ, N$MARY lr,tersecti,ous — AnTlual co,t $ 1,890.00 Bike Lanes —Annual cost $ 37,909.20 Parking Lots —.Annual Cost $ 29,576,40 Alleys — Annual Coat S 3,809.40 Downtown & tndustrial Park Curbt:d Roads — Annul Cost S I 28 928.80 Residential Curbed Roads — A:nrival Cost $ 72,408.00 Special Events (60 Hours) — Annual Cost $ 5,700,00 Call Outs & Additional Sen ice (200hrs) - Annual Cost $ 19,000.00 TOTAL ANNUAL COST......................$299,221.80 ***Curb miles can be reallocated by the city to dif Brent ureH, if needed' — "City agrees to use of mechanical sweeper" PC. Box 520580 • L ongwaod, Florida 32752 + (407) 339-1800 - Wats (800) .226-3200 w FAX (40)339-0241 AM RJSA RViCES March 11, 2011 City of Cape Coral PO BOX 150027 Cape Coral, Ft 337915 To whom it may concern, EXHIBIT A 00-00 Thank you £or considering USA Services ofFlonda, Inc. to provide the City Or Cape Coral's street sweeping services. We appreckite this opportunity to further discuss are bid proposal. We have been providing street sweeping services to municipalities across the state for over 22 years and hope to be sidle to provide that saute high quality of service to the City of Cape Coral in the near future. Our reputation in the industry is our calling card and our custorners are the best example of the quality of service we provide. We arc proud of our reputation for providing the highest quality of service in the strut sweeping industry. Our #1 goal is to ensure the full satisfitction of our customers at all times. Some references were provided when the bid was submitted but additional contacts can be provided upon request. We take great pride in the people we employ. Our management team is recognized and respected as one of the most experienced and knowledgeable teanis in our industry. They are available to answer your questions 24 hours a day, seven days a week. Our equipment operators maintain clean driving records, am drug free and are the most well trained operators available. Thank you again for considering our proposal and hopefully we can begin to build a strong working partnership in the near future. Sincerely, Michael l.atanza USA Services of Florida, Inc. 0404 +, P" P.O. Box 520580 • Longwood, Florida 32752 • (407) 33_' .1800 • w,3ts (800) 22&3200 • FAX'(407) 33"241 Evaluation of Street Sweeping Proposal For the City of Cape Coral After evaluating the quantities provided in Addendum a1 of the bid and applying our bid prices we belleve we can save the City a over 20% off the current budget. The fallowing is a breakdown of how we calculated the cost. First, I should explain how we convert square footage to sweeping miles. A street sweeper covers an 8 foot wide path as it performs its service. This means for every 100 linear feet it travels it is sweeping 800 square feet. So to convert square footage to curb mites we multiply 5,290 feet (tire length of a mile in feet) times 8 feet (the width of a sweeping path) to get to a total of 42,.240. So 42,240 square feet equals one curb mile. In the following calculations where we are dealing with square feet we will divide the total square feet by 42,240 square feet to determine the total curb miles. 1) intersectiion weeping — We were provided a list of 76 intersections however the square footage of those intersections were not provided. We would need to measure them to come up with an exact calculation however on average an intersection would range between 700 square feet for a 2 lane road and 2500 square feet for a 4 lame road. To provide a "worst case scenario" for budgeting purposes I'll assume all of the intersections average 2500 squire feet, though I'm fairly certain the actual total will be much less once we measure them. 2500 square feet multiplied by 76 intersections equals 190,000 total square feet. Then we divide that by 42,240 square feet per curb mile to reach a total of 4.5 curb miles. So 4.5 curb miles per month multiplied by 543.75 per curb mite minus 8.75 per curb mile disposal cost adjustment equals 5157.50 per month and S1,8".04 annually for the intersections. 2) Bikt L&nc — The total length given for bike lanes is 90.26 miles. When we multiply 90.26 mites by $43.75 per mile minus 9.75 per mile disposal cost adjustment we get a total monthly cost of 53,159.10 So sweeping the bike lines equates to a total monthly cost of $3,159.10 and an annual cost of 537,909.20 P.O. Box 520580 • LongwQad, Florida 32752 0 (4027 339.1800 • Wats (800) 22&3200 • FAX (407) 339-0241 i E71 3 • 1 1 3) Parking L©ts — In the bid proposal it w,3s explained that the parking lots are to be swept on a monthly basis and that the total square footage for the parking tots was 2,974,567. We, divided 2,974,567 by 42,240 (the square footage in a curb mite) to reads a total of 70,42 curb miles per cycle for all of the parking lots. 70.42 curb miles multiplied by S43.75 per mile minus 8.75 per mile disposal cost adjustment per mile equals $2,464.70 per month and S29,576.40 annually to sweep the parking lots. 4) i !IM --'The bird proposal listed al l of the alleys to he swept on a monthly basis. it also gave a total quantity of 9.01 miles. WI►en we take the 9.07 miles and multiply it by 843.75 per chile minus 8.75 per mile disposal cost adjustment per mile we reach a monthly total cost of $317.45 and an annual cost of S3,809.40 5) Downtown & Industrial Park Curbed Roads — The addendum listed 35.42 roadway miles in the Downtown & Industrial Park areas that should be swept on a weekly basis. To convert. Hs to curb miles we take that number and multiply it by 2 to get to 70.84, since the roadways have 2 curb miles of sweeping for every 1 mile of roadway- 70.84 curls miles multiplied by S43.7:5 per tails ntinus 8.75 per mile disposal cost adjustment equals S2,479,40 per week. S2,479,40 miles per week multiplied by 52 weeks per year equals S128,928.80 annually for the Downtown & industrial Park areas. G) Residential Curbing — in the bid proposal it lists a quantity of 86.20 roadway miles that are to be swept on a monthly basis. Taking 86.20 and multiplying it by 2 we got 172.40 curb miles per month. 172.40 curb mites multiplied by S43.75 per mile minus 8.75 per mile disposal cost adjustment equals $6,034.00 tuo3nthly and S72.408.00 annually to sweep the residential curbed areas on a monthly basis. r An Mr Flw;dm P 0. Box 520580 0 Longwood, Florida 32752 * (407) 339-1800 • ' Vats (8LJ0� 226-3200 ` FAX (407) 3;3"241 a am� swW From: Chris Camp <ccamp@capecoral.net> Sent Tuesday, April 21, 2015 139 PM Ta: 'Cindy Gunter; *Kra Whitmore' cc: Steven Naso; Trina Chamness subjKt RE: Nicholas Annex Parking lot Sweeping Cindy. Thanks for confirmingthe monthly Price fur the Nicholas Parking lot sweeping. Per my email from last week (see below in red), the following invoice pricing should be used for odd and even numbered months based on the cost of adding the $111.03/month for the Nicholas Annex sweeping. Could you please resubmit the February invoice (#i337554) for S23,055.1d; and the March Invoice (#338169) for $24,054.04 Firdsi: Chris Camp Saar Thursday, Apr# 16, 2015 2:56 P 14 To: 'Kra Whitmore' . Gc: Trina Chamness; Undy Gunter' StOJaCt." Sweeping Invoices for February and March Kra, By my calculations your invoices for February ($23,943.01) and March ($24,19291} are incorrect. I just received the one for March yesterday, and we have Indicated that Februarys was Incorrect since mid -March. By my calculations, and previous correspondence, this Is what the correct amounts should be for odd and even numbered months: $22,944.11 for even numbered months (Feb, Apr, Jun, Aug, Oct, Dec) + $111.03 = $23,055.14 $23,943.01 for odd numbered months (Jan, Mar, May, Jul, Sept. Nov) + $111.03 = $24,054.04 These figures and philosophy have been In place since the "new roads were added starting with the September 2014 Invoice. Could you please resubmit the February Invoice (4337554) for $22,944.11; and the March invoice (#338169) for $23,943.01 Thank you, From: Gunter [ma0to:.cindy0usaserv1cesfI.mmJ Sent: Tuesday, Aril 21, 2015 12:01 PM To: Chris Camp; 'Kra Whlorporre' CC: harks Spfnnler; Klerstan Lynch; Srieven Naso Subjecb RE: Nicholas Annex Parking Lot Sweeping Good afternoon Chris, Marcia Ferrer From: Kra Whitmore Sent: Monday, March 14, 201610:40 AM To: Jennifer Scribellito; Marcia Ferrer Cc: Michael Latanza Subject: FW: Contract Renewal - Street Sweeping Services Attachments: USA SERVICES CONTRACT RENEWAL.pdf; RES 26-16.pdf Categories: For your files. Kra Whitmore High Importance USA Services of Florida. Inc. • Celebrating 25 Years 2110 N. 71 V Si.: Tampa, FL 33612 VV1611riAAC Phone 313.612.4466 • Fox 813.612.4477 • Cell 727.423.6609 kr - a usury vjcesfl.Solrn www.0 servi -esf . siaald'sweep ec,-we ea wdf dat ahi G`ise Over` o� 4aw',r o rw Wei xlif'oauee' to ra*; �re ved a fat ettFwpgr- xAr, QW ,Eislo6 uyyle11to f' —1la�tiK Zaek"l- IvKVr J'-. From: Chris Camp (mailto:ccamp@capecoral.net] Sent: Monday, March 14, 2016 9:05 AM To: Kra Whitmore; Keith Ludwig Subject: FW. Contract Renewal - Street Sweeping Services FYI —please see attached. From: Chris Hoffman Sent: Monday, March 14, 2016 9:00 AM To: Chris Camp <cars, f(capecoraf.rtety; Trina Chamness <ichnnescaaecora{.net> Cc: Gina Lanzilotta <glanzilo(---)caoecoraLnet>; Kim M. Swartz <kswartz@cavecoral.net> Subject. Contract Renewal - Street Sweeping Services The attachments include contract documents for your files. TITLE: Street Sweeping Services, CONTRACT # CON-PW11-15/CH APPROVAL DATE March 7, 2016 VENDOR USA Services of Florida, 11nc. vendor #1305146 EFFECTIVE Renewed through April 3f) 2021 PRICE $299,221.80 per year i CONTACT ermine Latanza Chris Hoffman Buyer It City of Cape Coral Procurement Division CI ffolaoccDcakjei:Ola""nat 239-574-0841 F 239-574-0837 (NOTE: Aforlda has a very &obd poolk records low, and under llorW taw, flim written communkations to or from dty staff regarding cjtv business to indudr your e-mail o0ress is considered pubbc records and will be made avatOble to the publk and the rnedla upor; r-equ*sr. If you do not want your email message and or your e-mod address rek"ed in response to a pawk, mW715 re9tiest, do not send e/eCtrunk me# rty this entity. instead, contact this ofte av phone or in wrRiog. Additionaltv, this corritrivimvban is irHWtded ontyAw the addressee If vats are not the intended reOOent do not coin,, asdosv,, or distribute this message M anyone e;sp- If y(w have received this communicatk3n in error please coiftct the sender of the message to inform hilt; or her of the ertor and then delete tM meSsaqe.) 2 REVISED Exhibit 11 F.o July 18, 2017 City Council Agenda: July 18, 2017 Agenda Item Motion 1: Approval of maximum millage rate for advertisement for 2017 Tax notices, 8.9932 for budget year 2017-2018. Motion 2: Approval of 2017-2018 Budget Preparation and Millage Calendar setting workshop(s) to be held August 151h at 5:OOpm, August 22°d at 5:OOpm (if needed), First Public Hearing September 51h at 6:00 pm, and Final Public Hearing September 19, 2017 at 6:00 pm, all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee, Florida. Background: This proposed rate of 8.9932 is the current rate plus 1 mil. Total Taxable FY Value 97%* 2016/2017 Budgeted 2017/2018 Taxable Value: $270,516,813 $262,401,308 $242,051,394 2017/2018 Same Property Values: (Values w/o New $266,207,548 $258,221,321 Construction) Increase in same $13,597,678 $13,189,747 properties 5.3% 5.3% Millage Rate, 7.9932 generated Ad Valorem $2,162,294 $2,097,426 $1,914,819 Revenue 2017/2018 Rollback/Rollforward $2,019,157 $1,958,582 Millage Rate, 7.5849 w/o New Construction) 2017/2018 Rollback/Rollforward Millage Rate, w/CPI $2,081,929 2.019,471 7.8207** w/o New Construction) 2017/2018 Current Millage Rate + I mill 8.9932 $2,394,057 $2,322,235 (w/o New Construction Ad Valorem Revenue with $2, 432, 811 $2, 359, 827 New Construction * * * Taxable Values used within the budget. **CPI (Change in Per Capita Income) provided by State Statute ***New Construction value $4,309,265 n City Council Agenda: July 18, 2017 Agenda Item Exhibit 11 July 18, 2017 Motion 1: Approval of maximum millage rate for advertisement for 2017 Tax notices, 8.9932 for budget year 2017-2018. Motion 2: Approval of 2017-2018 Budget Preparation and Millage Calendar setting workshop(s) to be held August 15th, 5:OOpm, August 2nd at 5:OOpm (if needed), First Public Hearing September 6th at 6:00 pm, and Final Public Hearing September 20th, 2017 at 6:00 pm, all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee, FL. Background: This proposed rate of 8.9932 is the current rate plus 1 mil. REVISED Exhibit 12 July 18, 2017 PROPOSED BUDGET CALENDAR FISCAL YEAR 2017/2018 07/03/2017 Certification from Property Appraiser 07/18/2017 Set date, time and place for public hearings and set maximum millage rate for tentative budget (regular council meeting) 08/15/2017 Budget Workshop, 5:00 pm (regular council meeting) 08/22/2017 Second Budget Workshop, 6:00 pm (if needed) 09/05/2017 First Public Hearing at 6:00 pm (Regular council Mtg.) 09/19/2017 Final Public Hearing at 6:00 pm (Regular Council Mtg.) All meetings to be held: Council Chambers at City Hall 55 SE 3rd Avenue Okeechobee, FL 34974 rn 07/03/2017 07/18/2017 08/15/2017 08/22/2017 09/06/2017 09/20/2017 Exhibit 12 July 18, 2017 PROPOSED BUDGET CALENDAR FISCAL YEAR 2017/2018 Certification from Property Appraiser Set date, time and place for public hearings and set maximum millage rate for tentative budget (regular council meeting) Budget Workshop, 5:00 pm (regular council meeting) Second Budget Workshop, 6:00 pm (if needed) First Public Hearing at 6:00 pm (Regular council Mtg.) Final Public Hearing at 6:00 pm (Regular Council Mtg.) All meetings to be held: Council Chambers at City Hall 55 SE 3rd Avenue Okeechobee, FL 34974 W, City of Okeechobee `"'� Exhibit 13 Memo July 18, 2017 Date: for July 181" meeting TO: Mayor and City Council FR: Admin Marco Montes De Oca and India Riedel, Finance Dept RE: PRM Group Health Insurance The City's current premium structure for plan 03748: Employee Only $ 741.52 Empl & Spouse $1,851.28 Empl & child(ren) $1,480.26 Empl Family $2,361.28 The City has had another year of large payout of benefits for our employees and dependents. ($173.00 paid out for every $100.00 premium). As per the bylaws of the PRM group the maximum premiums will increase is 6% over the Group. The Group (PRM members) experience base rating is @ a 5% increase effective 10/1/17. Therefore, the current PPO 3748 plan premium increase for this fiscal year is at 11 %, or a $57,745 increase. Health care cost and insurance premiums continue to escalate; the City's insurance cost has increased by 33% over the past 3 years The City is taking a long term approach regarding the health of its employees by looking at options by encouraging participation in local fitness centers and now possibility offering a free medical clinic. Saving cost through insurance premiums ($11,597) and an implementation of a Clinic which is open 7 days a week with no co -pays to the employees, and many prescriptions available for free should result in decrease claims to the insurance company and therefore minimize future increases in premiums. The ultimate goal is a healthier employee by providing immediate care for free, while removing the perceived loss in coverage. Cost/Saviors to the City for FY 2018 Continue with existing plan(s)*, City to pay 100% of employee premium: $57,745 City to pay for Optional 0727 plan(s)* and implement Medical Clinic for employees: ($11,597) $30,852 $199255 3 D rj City to pay up to Plan(s) 0727 and offer the 03748 as a buy up plan to employees and implement a Medical Clinic for employees: ($11,597) $30,852 $199255 55 SE Third Avenue, Okeechobee, FL 34974 (863) 763-3372 / (863) 763-1686 Fax Current plan, 03748 City Cost Deduction Premium Per Employee per per Month Employee Check Employee Only $823.08 $823.08 ,Pay $0.00 Add'I for Spouse $1,231.83 $150.00 $499.30 Add'I for Child (ern) 820.00 $150.00 $309.23 Add'I for Family $1,797.93 $150.00 $760.58 Suggested plan, 0727 City Cost Deduction Premium Per Employee per per Month Employee Pay Check Employee. Only $740.88 $740.88 $0.00 Add'I for Spouse $1,108.80 $150.00 $442.52 Add'I for Child (ern) 738.10 $150.00 $271.43 Add'I for Family $1,618.40 $150.00 $677.72 *ACA plan, 05901 City Cost Deduction Premium Per Employee per per Month Employee Pay Check Employee Only $570.60 $570.60 $0.00 Add'I for Spouse $853.90 $150.00 $324.88 Add'I for Child (ern) 568.43 $150.00 $193.12 Add] for Family $1,246.35 $150.00 $506.01 *All options include the offer of the Affordable Care Act required option, 05901. 55 SE Third Avenue, Okeechobee, FL 34974 (863) 763-3372 / (863) 763-1686 Fax PUBLIC RISK MANAGEMENT BLUEOPTION MEDICAL COMPARISON 40W EFFECTIVE OCTOBER 1. 2017 ran wee Vm - 1,051 io WXY Employee & Spouse y/41.0Z $1,109.76 4ibzJ.1J8 $1,231.83 $725.14 $1,085.20 Employee & Child ren $738.74 $820.00 $722.45 Employee & Famil N Deductible (DED) (Per Person/Family $1,619.76 $1,797.93 $1,583.97 In -Network $0 / $0 $0/$0 $500/$1,500 Out -of -Network $500 / $1,500 $500 / $1,500 Combined w/In-Ntwk Coinsurance (Member Responsibility) In -Network 0% ` (?Ut p) 4)Q,twork 40 Out of Pocket Maximum (Per Includes DED, Includes DED, Includes DED, Person/Family Agg) Coinsurance, Copays; Coinsurance, Copays; Coinsurance, Copays; Excludes Rx Excludes Rx Excludes Rx In -Network $1,500 / $3,000 $1,500 / $3,000 $1,500 / $4,500 Out -of -Network $3,000 / $6,000 $3,000 / $6,000 Combined w/In-Ntwk Allergy Injections In -Network Family Physician $10 $10 $5 In -Network Specialist $10 $10 $5 Out -of -Network DED + 40% DED + 40', DED+40% E-Office Visit Services In -Network Family Physician $10 $10 $15 In -Network Specialist $10 $10 $15 Out -of -Network 3 DED + 40% DED + 40% DED+40% 'Office Services In -Network Family Physician 51.,E $10 $15 In -Network Specialist S20 $20 $15 Out -of -Network DED +40', DED+40% DED+40% Provider Services at Hospital and ER In -Network Family Physician $0 $0 DED+20% In -Network Specialist $0 $0 DED+20 % I Out -of -Network $0 $0 DED+20% 'Provider Services at Other Locations In -Network Family Physician $10 $10 DED+20 % In -Network Specialist $20 $20 DED+20% Out -of -Network DED + 40% DED + 40% DED+40% Radiology, Pathology and Anesthesiology Provider Services at Hospital or Ambulatory Surgical Center In -Network Specialist $25 $25 DED+20% U,A-of-Network DED +4 % DED+4°:; 5')ED+40', Adult Wellness Office Services In -Network Family Physician $O $0 $0 In -Network Specialist $0 $0 $0 Out -of -Network 40% (No DED) 40% (No DED) 40 %(No DED) Colonoscopies (Routine) Age 50+ then Frequency Age 50+ then Frequency Age 50+ then Frequency Schedule Applies Schedule Applies Schedule Applies In -Network $0 $0 $0 Out -of -Network $0 $0 40% (No DED) Independent Clinical Lab In -Network $0 $0I MW W Out -of -Network 40% (No Ded) 40% (No DED) � ,,,, - Independent Diagnostic Testing Facility In -Network -Advanced Imaging Sery $0 $0 $0 In -Network -Other Diagnostic $0 $0 $0 Out -of -Network 40% (No DED) 40% (No DED) Copy of 2017 - 18 Health Plan Comparision HMO PPO Curr (3) PUBLIC RISK MANAGEMENT BLUEOPTION MEDICAL COMPARISON yr EFFECTIVE OCTOBER 1, 2017 Mammograms (Routine and Dx) In -Network Out -of -Network Outpatient Hospital(per visit) In -Network Out -of -Network 'Provider Services at Outpatient In -Network Family Physician In -Network Specialist Out -of -Network Well Child Office Visits (No BPM) In -Network Family Physician In -Network Specialist Out -of -Network Ambulance Maximum (per Day) In -Network Out -of -Network mergency Room Facility Services also see Professional Provider In -Network Out -of -Network Irgent Care Centers (UCC) Ambulatory Surgical Center In -Network Out -of -Network Independent Clinical Lab In -Network Out -of -Network Independent Diagnostic Testing Facility - Xrays and AIS (Includes Physician Services) In -Network - Advanced Imaging Services (AIS) In -Network - Other Diagnostic co Out -of-Network Inpatient Hospital (per admit) In -Network Out -of -Network Inpatient Rehab Maximum Outpatient Hospital (per visit) In -Network rOut-of-Network Therapy at Outpatient Hospital In -Network $0 ( $0 $0 $0 $0 $0 $0 $0 $300 $300 $0 $0 $0 $0 $0 $0 $0 Not Covered $0 $0 $0 $0 $0 $0 40% (No DED) 40% (No DED) 40% (No DED) $5,500 $5,500 No Maximum $0 $0 DED + 20% $0 $0 In-Ntwk DED + 20% $50 $50 DED + 20% $20 $20 $20 DED +� $50 $50 I DED + 20% DIED +40/ DED +40% !It DED +40% $0 $0 20% (No DED) DED + 40% DED + 40% 40% (No DED) $50 $50 $15 $50 $50 $15 DED +40% DED +40% DED +40% Option 1 - $250 / Option Option 1 - $250 / Option 2 - $500 2 - $500 1 DED + 20 $750 $750 $300 PAD+DED+40% 21 Da Days No Maximum Option 1 - $100 / Option Option 1 - $100 / Option 2 - $200 2 - $200 DED + 20% $300 $300 DED +40% Option 1 - $100 / Option I Option 1 - $100 / Option DED + 20% 2 - $200 2 - $200 $300 ; $300 1 DED + 40% Copy of 2017 - 18 Health Plan Comparision HMO PPO Curr (3) PUBLIC RISK MANAGEMENT WAW BLUEOPTION MEDICAL COMPARISON `rn+ Inpatient Hospitalization Option 1 - $250 / Option Option 1 - $250 / Option In -Network 2 $500 2 $500 DED + 20 Out -of -Network $750 $750 $300 PAD+DED+40% Outpatient Hospitalization (per visit) i Option 1 - $100 / Option Option 1 - $100 /Option In -Network 2 - $200 2 - $200 DED + 20 Out -of -Network $300 $300 j DED +40% Provider Services at Hospital and ER In -Network Family Physician or $0 Specialist Out -of -Network Provider $0 Physician Office Visit In -Network Family Physician $10 In -Network Specialist $20 Out -of -Network Provider DED + 40% Emergency Room Facility Services (per visit) In -Network $50 Out -of -Network $50 ider Services at Locations other] ther]Hospital and ER Network Family Physician J $10 Network Specialist $20 $0 DED+20 $0 DED+40 $10 $15 $20 $15 DED +40% DIED +40% $50 DIED +20 $50 DED +20 % $10 DED +20% $20 DED +20% Advanced Imaging Services In Physician's Office In -Network Family Physician $10 $10 $15 In -Network Specialist 1 $20 1 $20 $15 Network $0 $0 DED + 20 % ut-of-Network DED + 4 DED + 40 Diabetic Equipment and Supplies* In -Network $0 $0 DED +20% Out -of -Network DED + 40% DED + 40% DED + 40% Durable Medical Equipment, Enteral Formulay eral Formulas:$2,500 No Maximum Prosthetics, Orthotics BPM All Other: No Maximum All Other: No Maximum In -Network $0 $0 DED + 20 Out -of -Network DED +40% DED +40% DED +40% Home Health Care BPM 20 Visits 20 Visits 20 visits In -Network $0 $0 DED +20% Out -of -Network DED + 40% DED + 40°o DED + 40% Hospice LTM No Maximum No Maximum No Maximum In -Network $0 j $0 DED + 20% Out -of -Network DED +40% iDED +40% DED +40% Outpatient Therapy and Spinal 35 Visits (Includes up to 35 Visits (Includes up to 54 Visits (Includes up to Manipulations BPM 26 Spinal Manipulations) 26 Spinal Manipulations) 26 Spinal Manipulations 60 Days it (30 Days) eneric/Preferred Brand/Non- $10/$25/$60 $10/$25/$60 $5/$35/$35 Preferred I Order (90 Days) eric/Preferred Brand/Non- $20 /$50/ $120 $20 /$50/ $120 j $10/$70/$70 (erred lut-of-Network letall (30 Days) Generic/Preferred Brand/Non- 50% of allowance 50% of allowance 50% of allowance Preferred fail Order (90 Days) Generic/Preferred Brand/Non- Preferred 50% of allowance 50% of allowance 50% of allowance t "�.�. r--. aT�fiia�maC �Y Provltfer- - -- """' Inistered Rx)** In -Network See Location of Service See Location of Service See Location of Service Out -of -Network See Location of Service See Location of Service See Location of Service Copy of 2017 - 18 Health Plan Comparision HMO PPO Curr (3) +' MEMORANDUM To: Mayor and City Council Members From: Marcos Montes De Oca, Administrator Subject: July 18, 2017 Agenda Additional New Business Items Date: July 18, 2017 Please add the following items to the July 18, 2017 City Council Regular Meeting Agenda: IX. K. Motion to approve a Change of Scope Amendment No. 2 for Okeechobee Fire Station Overhead Door Replacement, Project No. PW 03-00-03-17 — City Administrator (Exhibit 14). IX. L. Motion to enter into contract negotiations with the City Administrator — Administrator (Exhibit 15). Exhibit)PS July 18, 2017 {� 'Pi I (i iiL'i 487-1933 - __ (863) 467-082C CONSTRUCTION PROPOSALICHANGE ORDER July 18, 2017 Between the Owner: City of Okeechobee 55 SE 3rd. Ave. Okeechobee, Fl. 34974 And the Contractor: Platinum Performance Group, inc. 221 NE Park Street Okeechobee, FL 34972 License # CRC008329 For the Project: City Fire Station Contractor estimates to furnish all labor, material and services as listed below for the above mentioned Project Describe Work, Materials or Labor We propose to tear out remaining 13' of soft at frontgarage doors and box in to match the new. We will extend the electrical wiring for flood lights in this area. We will wire lath and stucco the remaining 13'ofsoffit atfrontgarage doors to match the new. Total costa $950.00 Submitted by: Platinum Performance Group, Inc. C.C.%Q-i9 0/- Con tractorlDirectol-IRepresen tative Owner Date Date _ 221 NE Park Stu et. Okeechobee, FL 34972 Lic. # CBC008329 City Council Agenda Item Add On - CITY ADMINISTRATOR CONTRACT NEGOTIATION page 1 of 2 City Administrator Contract Revisions only as noted, all other stipulations as noted in current contract continue to apply Original Contract effective October 1, 2015 Section 6 Benefits. 1. Annual Leave - City Administrator shall accrue 10.0 hours per month of annual leave per year, accrued in accordance with City Policy Proposed Revision: 1. Annual Leave - City Administrator shall accrue 10.0 hours per month of annual leave per year, accrued in accordance with City Policy, with an additional annually added 0.7 hours per month for each year, for the term of the contract. 2. Sick Leave - City Administrator shall accrue 8.0 hours per month of sick leave per year, accrued in accordance with City Policy, with an additional annually added 0.7 hours per month for each year, for the term of the contract. Request to Add - An Additional sick day and annual day - (achieves an additional week after S years from inception) Section 4: Salary and Evaluation A. For the performance of services pursuant to this Agreement, the CITY agrees to pay the CITY ADMINISTRATOR an annual base salary of $80,255.15 (Step 3 of the 2015/2016 Salary Plan), payable in installments at the same time as other CITY employees are paid, subject to standard tax and benefit deductions. Proposed Revision: A. For the performance of services pursuant to this Agreement, the CITY agrees to pay the CITY ADMINISTRATOR an annual base salary of$87,721.66 (Step 8 of the 2015/2016 Salary Plan), payable in installments at the same time as other CITY employees are paid, subject to standard tax and benefit deductions. Approved to Currently go 10/1/17 Requested Step page 2 of 2 4 5 6 7 8` - 9 10 11 12 82,649.96 83,889.71 1 85,148.06 86,425.28 87,721.66 89,037.48 90,373.04 91,728.64 93,104.57 Additional overstep 1 1,258.35 1 2,535.57 1 3,831.95 1 5,147.77 1 6,483.33 1 7,838.93 1 9,214.86 CITY OF OKEECHOBEE, FLORIDA CITY ADMINISTRATOR EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, (hereinafter referred to as "Agreement"), is by and between the City of Okeechobee, Florida, (hereinafter referred to as "CITY") a Municipal Corporation existing under the laws of the State of Florida, whose address is 55 Southeast 3rd Avenue, Okeechobee, Florida 34974; and MARCOS MONTES DE OCA, hereinafter referred to as "CITY ADMINISTRATOR", whose address on the date of execution is: PO Box 1001 Okeechobee, Florida 34973. WITNESSETH: WHEREAS, the CITY desires to employ MARCOS MONTES DE OCA as CITY ADMINISTRATOR, as provided for in the Code of Ordinances for the CITY, and WHEREAS, the CITY, through the City Council, desires to provide certain benefits and compensation, to establish certain conditions of employment, and to set working conditions applicable of the CITY ADMINISTRATOR; and WHEREAS, MARCOS MONTES DE OCA desires to accept the employment offer to serve as CITY ADMINISTRATOR; and WHEREAS, the CITY and CITY ADMINISTRATOR have negotiated the terms of said employment which are set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and consideration herein contained, the CITY and the CITY ADMINISTRATOR hereby agree as follows. - SECTION 1: EMPLOYMENT A. The CITY hereby hires and appoints MARCOS MONTES DE OCA as its CITY ADMINISTRATOR, under the terms established herein, to perform the duties and functions specified in the CITY'S Charter, Code of Ordinances, Personnel Policies and Procedures, and other controlling law, and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. Considering this, MARCOS MONTES DE OCA agrees to accept and to diligently perform such duties. SECTION 2: EFFECTIVE DATE This Agreement shall be effective as of October 1, 2015. Page 1 of 8 SECTION 3: TERM A. The initial term of this Agreement shall commence on the effective date as provided in Section 2 herein, and be for a period of two (2) years, unless renewed as provided herein below, or terminated as provided in Section 10 herein. B. This Agreement may renew for a period of two (2) years after the initial term, upon majority vote of the City Council at such two-year review of his performance. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the CITY to terminate the services of the CITY ADMINISTRATOR at any time, subject only to the provision set forth in this Agreement and in the City Code of Ordinances. D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the CITY ADMINISTRATOR to resign at any time from the position of CITY ADMINISTRATOR subject only to the provision set forth in this Agreement. SECTION 4: SALARY AND EVALUATION A. For the performance of services pursuant to this Agreement, the CITY agrees to pay the CITY ADMINISTRATOR an annual base salary of $80,225.15 (Step 3 of the 2015/16 FY Salary Plan), payable in installments at the same time as other CITY employees are paid, subject to standard tax and benefit deductions. 1. The CITY ADMINISTRATOR is exempt from the initial 3-month Evaluation Period for Department Heads as provided within the Employment Chapter of the Personnel Policies and Procedures, including exemption of Probationary Pay and ineligibility to use Annual Leave. B. The CITY ADMINISTRATOR is subject: to an evaluation of their performance at least once annually, to be completed by the City Council by June 1 of each year. C. Upon the annual employment anniversary date, and receiving a satisfactory evaluation score, the CITY ADMINISTRATOR shall be entitled to a longevity salary increase as provided for all other full-time employees. D. The City Council, in its sole discretion upon receipt of an unsatisfactory evaluation, may extend to the CITY ADMINISTRATOR a period of sixty (60) days to improve their performance prior to terminating this contract for cause. E. The CITY ADMINISTRATOR is entitled to receive any annual across the board and/or cost of living salary increases that may be approved by the City Council as provided for all other full-time employees. Page 2 of 8 F. Nothing in this Section shall require the CITY to increase the base salary or other benefits of the CITY ADMINISTRATOR. Furthermore, the City's failure to conduct any of the scheduled evaluations shall not constitute non-compliance with a material provision of this Agreement. SECTION 5: DUTIES AND OBLIGATIONS. A. The CITY ADMINISTRATOR shall have the duties, responsibilities and powers of said office as provided in the Code of Ordinances, and Job Description, Attached hereto as Exhibit 1. The CITY ADMINISTRATOR agrees to perform all duties and responsibilities faithfully, industriously, and to the best of their ability and in a professional and competent manner. Further agrees and understands they are to attend all City Council Meetings and Workshops, preside as Chair over the Technical Review Committee meetings, and attend Planning Board/Board of Adjustment/Design Review Committee meetings as the Zoning Administrator, as well as others that are appointed by the City Council from time to time. B. The CITY ADMINISTRATOR agrees that they are properly classified as Exempt for purposes of the Federal Fair Labor Standards Act. It is recognized that the CITY ADMINISTRATOR will frequently work hours outside the normal work day, of 8:00 a.m. to 4:30 p.m., but "full-time" employment as used in this Agreement means a minimum of a 40-hour week, and the normal hours of the CITY ADMINISTRATOR will be from 8:00 a.m. to 4:30 p.m. Monday through Friday. C. The CITY ADMINISTRATOR and the CITY agree that in all events, the CITY ADMINISTRATOR shall devote such time as necessary to competently and professionally undertake and complete their duties, which may include being called out after hours or on weekends for emergency situations. D. The CITY ADMINISTRATOR shall be a full-time employee of the CITY and shall devote all such time, attention, knowledge and skills necessary to faithfully perform their duties under this Agreement. The CITY ADMINISTRATOR may, however, engage in educational, lecturing and professional activities and other employment activities upon receipt of approval by the City Council, provided that such activities or employment do not create a conflict of interest with the CITY or it officials. A "conflict of interest" shall be defined as set forth in Chapter 112, Florida Statutes, as a violation of CITY policies, or as any employment, consultant work, or other professional activity that will be inconsistent with the duties of CITY ADMINISTRATOR, or that is contrary to the interests of the CITY. E. In the event the CITY ADMINISTRATOR shall serve on any appointed boards or elected boards of any professional organization, or serve on any committees related to their professional activities, in the event any monies are paid, or gifts received, by the CITY ADMINISTRATOR related to such service, such money or property shall be paid over to or delivered to the CITY, unless otherwise reported or provided by the State of Florida Ethics Laws on gifts. Page 3 of 8 F. The CITY recognizes the desirability of representation in and before local civil and other organizations, and encourages the CITY ADMINISTRATOR to participate in these organizations to foster a continuing awareness of the CITY'S activities as well as the community's attitudes and ideas. G. The CITY recognizes that the CITY ADMINISTRATOR is a licensed professional engineer (PE 63897) in the State of Florida, and owns a private firm engaged in that work, MDO Engineering, Inc. While employed at the CITY, the CITY ADMINISTRATOR shall not perform engineering services as MDO Engineering Inc. for private clients during normal work hours while at the CITY. If engaged in engineering services for private clients, that work shall not conflict with the role of CITY ADMINISTRATOR at the CITY, nor shall such engineering services, plans or certifications be placed before any citizen boards at the CITY for plan approval. This provision shall not prevent CITY ADMINISTRATOR from performing engineering services for the benefit of a project on behalf of the CITY, but such engineering services shall be provided to CITY without additional compensation other than that set out herein. H. In as much as CITY ADMINISTRATOR will be an active full member of International City/County Management Association (ICMA), the "Code of Ethics" promulgated by ICMA, as well as the provisions of the Florida Commission on Ethics are incorporated herein, and by this reference made a part hereof. CITY ADMINISTRATOR shall follow these principles to govern his conduct and actions as CITY ADMINISTRATOR at all times. Further, CITY ADMINISTRATOR shall familiarize himself with other applicable laws in Florida that may concern his actions and conduct, including but not limited to Sunshine laws and laws concerning receipt of gifts. SECTION 6: BENEFITS. A. All benefits available to every employee as set out in the Personnel Policies and Procedures Employee Benefits and Leave Benefits Chapters as written, or as from time to time amended by the City Council. 1. Annual Leave — CITY ADMINISTRATOR shall accrue 10.0 hours per month of annual leave per year, accrued in accordance with CITY policy. B. The CITY shall provide in its sole discretion a suitable late model automobile for the use by the CITY ADMINISTRATOR to conduct CITY business, which shall include insurance, maintenance, and fuel. Said vehicle may be used by the CITY ADMINISTRATOR for travel to and from their Okeechobee residence, all CITY business and travel as required to perform their duties, including use to seminars, training, conventions, meetings with CITY consultants and other locations and/or events deemed appropriate by the CITY ADMINISTRATOR. C. The CITY ADMINISTRATOR shall be provided an office, and clerical support and such other facilities and supplies suitable to the position, and adequate for the performance of all required duties. Page 4 of 8 D. The CITY shall provide the CITY ADMINISTRATOR with a cellular phone allowance of $100.00 per month to compensate them for the business use on their personal cellular phone. E. The CITY agrees to provide the CITY ADMINISTRATOR annual health, long term disability and life insurance, which does not include coverage for spouse or dependents, but which may be obtained at additional cost to the CITY ADMINISTRATOR should it be selected. Such coverage will be effective upon employment. F. The CITY agrees to pay the professional dues for membership of the CITY ADMINISTRATOR to the Florida League of Cities, the Florida City and County Managers Association (FCCMA); ICMA; and Florida Engineering Society (FES). The CITY shall pay other dues and subscriptions on behalf of the CITY ADMINISTRATOR as are approved in the CITY'S annual budget (on a line item basis) or as authorized separately by the City Council. G. The CITY ADMINISTRATOR is entitled and encouraged to participate in such General Employees Pension Plan as may be in effect within the CITY or as amended. Alternatively, the CITY ADMINISTRATOR may elect to seek to join a deferred compensation plan, such as the International City Management Association Retirement Corporation (ICMA-RC) plan, which satisfies Federal Internal Revenue Service deferred compensation plan requirements. If the CITY ADMINISTRATOR desires to join such a deferred compensation plan or other qualifying plan, upon reasonable right of review and approval by the CITY which shall not unreasonably be withheld, the CITY shall pay into such plan the same amount or percentage as the CITY would pay into the CITY ADMINISTRATOR'S General Employee Pension Plan by payment of such amount into a deferred compensation plan, this negates the CITY'S responsibility to pay into the General Employee Pension Plan. H. The CITY ADMINISTRATOR is entitled to attend, without prior approval of the CITY, all Florida League of Cities annual convention/meetings; ICMA meetings; FCCMA meetings; FES meetings, and other similar professional meetings, located within the State of Florida. Any out of State meetings must be approved by the City Council in advance. All payments made under this section shall be on a reimbursable basis; provided that receipts and other sufficient documentation have been submitted to the CITY. Mileage, meals and hotel reimbursement shall be at the rate consistent with Section 112.061 Florida Statutes. SECTION 7: INDEMNITY. The CITY agrees to indemnify, defend and hold harmless CITY ADMINISTRATOR from any and all claims that may arise out of CITY ADMINISTRATOR'S employment with CITY acting in his role as CITY ADMINISTRATOR; Provided that he is acting within the scope, terms and conditions of his employment. While acting in that capacity, the CITY shall provide insurance coverage to protect and defend CITY ADMINISTRATOR from and against tort, professional liability claims, including for engineering services Page 5 of 8 provided to the CITY, claims of demand or other legal action, whether groundless or otherwise, which arises out of an alleged act or omission occurring in the performance of CITY ADMINISTRATOR duties, unless he acted in bad faith with malicious purpose, or in a manner which exhibits wanton and willful disregard of human rights, safety or property. That CITY shall not be responsible or liable for the acts or omissions of CITY ADMINISTRATOR committed while acting outside the course and scope of his agreed duties and job description, or any services provided to CITY as a professional engineer. In such instance, CITY ADMINISTRATOR shall reimburse the CITY for any legal fees and expenses incurred for or on his behalf, in connection with the charged conduct. That all of these mutual obligations shall extend beyond the termination of his employment at CITY so long as the claim arose while employed. The CITY may compromise and settle any such claim or suit, without consent or further involvement of CITY ADMINISTRATOR. Nothing herein shall be construed to be a waiver or extension of the sovereign immunity limitations of liability possessed by CITY by state or federal law. SECTION 8: RESIDENCE. As a condition to this employment, the CITY ADMINISTRATOR shall maintain his primary residence within Okeechobee! County, Florida and to complete such relocation at his own expense within one hundred eighty (180) days of the execution of this Agreement. SECTION 9: TERMINATION AND SEVERANCE. A. This contract of employment contemplates that the term of employment is annual, and that either party may elect to not renew the term of employment by providing ninety (90) days' notice prior to the ending date of the contract. In the event the CITY were to terminate employment of the CITY ADMINISTRATOR at any other time during the contract period without cause, the CITY ADMINISTRATOR shall be entitled to receive severance pay, which shall be: After successful employment of sixty (60) days severance pay shall be sixty (60) days of CITY ADMINISTRATOR base annual salary, 100 percent of accrued annual leave up to 240.0 hours, and 50 percent of accrued sick leave. In the event the CITY ADMINISTRATOR is terminated for cause; leaves employment in violation of the notice requirements of this contract; or there is not a renewal of the annual contract, then all rights to severance pay are forfeited. All other accrued and unused benefits shall be paid to the CITY ADMINISTRATOR regardless of the manner of separation, as previously set forth. The City Council reserves the right to waive strict compliance to this section upon just cause, as determined solely within the discretion of the City Council. Page 6 of 8 B. This Agreement may be terminated by the CITY at any time for cause upon 3/5 affirmative vote of the City Council. The term "cause" shall be defined from time to time as set forth under then current Florida law; and may include, but not be limited to, a violation of any duty or contractual agreement set forth herein, any ground set forth in the Personnel Policies and Procedures Employee Relations Chapter, and in all events the failure of the CITY ADMINISTRATOR to perform any of the duties as provided and required by this agreement. Termination without cause shall require a 4/5 affirmative vote of the City Council, as provided by ordinance. C. Upon a termination for cause or without cause, the employment shall be considered terminated as of the time of the vote, and no further notice of intent to terminate shall be required to be provided to the CITY ADMINISTRATOR. D. In the event of termination for cause, the CITY ADMINISTRATOR shall receive no severance or dismissal benefit or any other benefit other than earned and unused annual or compensation as permitted for unused sick leave or annual leave as set out in the Personnel Policies and Procedures Leave Benefits Chapter as written or hereafter as amended. E. The CITY shall have the right for cause as defined, to suspend the CITY ADMINISTRATOR with or without pay, for his actions or inactions. Additional grounds for suspension shall include arrest or information against the CITY ADMINISTRATOR charging them with a felony, or any other crime involving moral turpitude. The decision to suspend the length of suspension may be solely and immediately by the Mayor, but shall be affirmed or denied by majority vote of the City Council at the next regular meeting or a special meeting. SECTION 11: GENERAL PROVISIONS A. If any article or part thereof contained herein is held to be unconstitutional, invalid, or unenforceable, it shall be deemed severable, and the remainder of this Agreement shall not be affected and shall remain in full force and effect. B. The foregoing sets out the full understanding of the parties, subsumes any and all oral understandings or representations of the parties, and shall not be hereafter altered or amended except by further written agreement signed by all parties. C. The CITY ADMINISTRATOR expressly acknowledges that they have read and voluntarily signed this Agreement, and agrees that no oral agreements or representations; other written promises; side agreements or assurances or other inducements have been made by the CITY, its officials, employees or agents, other than what is specifically contained within the four corners of this written Employment Service Agreement. Further, the CITY ADMINISTRATOR acknowledges that this Agreement has been fully reviewed by him; that it is completely understood; that he has consulted with private counsel or had the opportunity to do so and voluntarily opt not to do so. Page 7 of 8 D. The parties hereto mutually renounce any rights or claim they may have against the other by agreement or by any statute to claim or collect attorney's fees from the other for claims or litigation arising out of the interpretation or enforcement of this Agreement. E. This Agreement shall be construed according to the laws of the State of Florida; and for any claim, action or suit, the parties stipulate that venue therefore shall be at all times Okeechobee County, Florida. F. The CITY ADMINISTRATOR understands and agrees, that for any decision permitted herein by the CITY as it pertains to the performance, suspension, or continued employment of the CITY ADMINISTRATOR, it is strictly and absolutely within the sole complete discretion of the City Council, and that CITY ADMINISTRATOR covenants and agrees that he absolutely waives, and shall not challenge the exercise of such discretion in any claim, demand, action, suit or proceedings brought by the CITY due to such decision. IN WITNESS THEREOF, the parties have made and executed this Agreement of the respective dates under such signature below, including that of the City of Okeechobee, Florida, acting by and through its City Council, and Mayor who is authorized to execute this agreement on behalf of the CITY, as attested by the City Clerk. As to the CITY: (J', Ir 'e'll &&SE. Kirk, Mayor ATTEST: f Lane 43amiotea, aMC, City Clerk As to the CITY ADMINISTRATOR: MarccWMontes De Oca te: r REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Approved by City Council: September 14, 2015 Page 8 of 8