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2005-05-17 Regular MeetingCITY OF OKEECHOBEE MAY 17, 2005 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: May 17, 2005 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Al Jaquith, Basinger First Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Attorney/Interim City Administrator John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS. A. Proclaim the week of May 21-27, 2005 as "Safe Boating Week" PAGE 1 OF 6 Mayor Kirk called the May 17, 2005 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Al Jaquith of Basinger First Baptist Church; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Absent Mayor Kirk read the following proclamation in its entirety: "WHEREAS, recreational boating is fun and enjoyable. We are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands. While being a marvelous source of recreation, boating to the unprepared can be a risky sport Not knowing or obeying the Navigation Rules, drinking alcohol or taking drugs while operating a boa4 orchoosing not to wear a life jacket are all examples of lack of proper judgement One particular behavior that can reduce, by approximately 80 percen4 the number of boaters who lose their lives by drowning each year, is the wearing Ll 1 I MAY 17, 2005 - REGULAR MEETING - PAGE 2 OF 6 265 11 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim the week of May 21-27, 2005 as "Safe Boating Week" ofalifejacket;andWhereas,asignificantnumberofboaterswholosetheirlivesbydrowningeachyearwould continued. be alive todayhad they worn their life jackets; and Whereas, modern lifejackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. Now Therefore, I James E Kirly by the virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby support the goals of the North American Safe Boating Campaign and proclaim May 21 through 27, 2005 as "NATIONAL SAFE BOATING WEEK" and the start of the year-round effort to promote safe boating. I urge all of those who boat to "Boat Smart from the Start" by wearing a life jacket and practicing safe boating habits." Ms. Pam Ernst, Flotilla 57 Commander and Mr. Fred Sterling, Vice Flotilla 57 Commander were present to receive the Proclamation. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the May 3, 2005 Regular Meeting. III May 3, 2005 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VI. WARRANT REGISTERS -Interim City Administrator. A. Motion to approve the April 2005 Warrant Registers. Capitol Improvements Projects (Vehicles) .......... $456,247.90 General Fund ................................ $359,289.74 Public Facility Improvement Fund .................. $54,702.31 Industrial Development Fund ..................... $25,652.35 CDBG Grant ................................... $3,225.00 VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the April 2005 Warrant Register in the amounts: Capitol Improvement Projects (Vehicles) Fund, four hundred fifty-six thousand, two hundred forty-seven dollars and ninety cents ($456,247.90); General Fund, three hundred fifty-nine thousand, two hundred eighty-nine dollars and seventy-four cents ($359,289.74); Public Facility Improvement Fund, fifty-four thousand, seven hundred two dollars and thirty-one cents ($54,702.31); Industrial Development Fund, twenty-five thousand, six hundred fifty-two dollars and thirty-five cents ($25,652.35); CDBG Grant Fund, three thousand, two hundred twenty-five dollars and zero cents ($3,225.00); seconded by Council Member Markham. There was a brief discussion on this item. 266 VI. WARRANT REGISTERS CONTINUED. A. Motion to approve the April 2005 Warrant Registers continued VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. NEW BUSINESS. MAY 17, 2005 - REGULAR MEETING - PAGE 3 OF 6 VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any additions, deferrals, or withdrawals of items on today's agenda. Add Item "D" under New Business, Mayor Kirk to discuss the new City Administrator Transition with the assistance of Attorney Cook, A. Consider setting a workshop on June 7, 2005 at 5:00 p.m. for the Council Member Markham moved to hold a workshop on June 7.2005 at 5:00 p.m. to discuss the health purpose of discussing health care coverage - City Attorney (Exhibit insurance options: seconded by Council Member Chandler. 1). VOTE KIRK - YEA CHANDLER -YEA MARKHAM -YEA L. WILLIAMS - YEA MOTION CARRIED. B. Discussion pertaining to the installation of sediment traps by South City Engineer Bermudez explained that the City has been working toward a revised stormwater management system Florida Water Management District - William Salters, Engineer. within the City and with South Florida Water Management Division (SFWMD) for the past three years. He advised of an installation of sediment traps for the future master drainage plan. Mr. Salters, Engineer for SFWMD, informed the Council of this great opportunity for the City and SFWMD to help with the Lake Okeechobee clean up. There will be two sediment traps donated to the City. One will be located at the City limits, Northeast section, South of the Nursing Home. The second will be located at Northeast 4" Street and 7'h Avenue. They are placed underground and the City will be responsible for the maintenance of the traps. This maintenance process is the cleaning or pumping of the traps twice a year. Mr. Gary Ridder of SFWMD also let the Council know that should they want to pursue 11 obtaining more of these, he can look at the availability of grants as a combined effort with the City and SFWMD. H 1 MAY 17, 2005 - REGULAR MEETING - PAGE 4 OF 6 267 VIII, NEW BUSINESS CONTINUED, B. Discussion pertaining to the installation of sediment traps by South The Council expressed their thanks to SFWMD and City Engineer, Oscar Bermudez. Florida Water Management District continued. Council Member Watford moved to authorize the Mayor to execute the necessary documents to install the Sediment Traps; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. C. Consider approval of FY 05/06 FDOT highway lighting, The Florida Department of Transportation Highway Maintenance agreement was withdrawn from the agenda. maintenance, and compensation agreement and FDOT proposal for sweeping and mowing of medians - Attorney Cook (Exhibit 2). Council MemberWatford moved to adopt proposed Resolution 05-04: seconded by Council Member Markham. Attorney Cook read proposed Resolution No. 05-04 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MAINTENANCE AGREEMENT (REGARDING MAINTENANCE OF TRAFFIC, ROADSIDE MOWING ROADSIDE LITTER REMOVAL, ROAD AND BRIDGE SWEEPING, EDGING AND SWEEPING) WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE." Council Member Watford was concerned about the decrease in the amount allotted, and City Clerk Gamiotea explained the Department of Transportation (DOT) had met with Administrator Veach before his resignation and discussed this significant budget cut. Last year DOT paid the City twenty eight thousand, nine hundred thirteen and twenty-nine cents ($28,913.29) to maintain the State Highways and Roads within the City. However, due to budget cuts, the revised amount is twenty-one thousand, three dollars and seventy-seven cents ($21,003.77) per year for the next five years. The City has a yearly contract with Charlie's Trees for street sweeping in the amount of thirty-two thousand, seven hundred eight dollars and zero cents ($32,708.00) and a mowing contract with Big 0 Lawn Care for thirteen thousand, two hundred dollars and zero cents ($13,200.00) which covers the lawn care for the medians, City parks, Police Department and City Hall. The DOT portion is not separated out in the contract. 266 MAY 17, 2005 - REGULAR MEETING - PAGE 5 OF 6 Vill. NEW BUSINESS CONTINUED. C. Consider approval of FY 05/06 FDOT highway lighting, The Council requested that this portion be separated in the future when its re -bid, in order for the City to be maintenance, and compensation agreement and FDOT proposal for sure we are not bearing any of the States costs. Clerk Gamiotea was directed to advise Public Works Director sweeping and mowing of medians continued. 11 Robertson and City Administrator Whitehall of this. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. D. ITEM ADDED TO AGENDA: Transition period for New City Mayor Kirk stated the new Administrator, Mr. Brian Whitehall, will be here June 1, 2005. The Mayor suggested that Administrator - Mayor. Attorney Cook continue to work in the Interim City Administrator/City Attorney capacity to spend time and assist Mr. Whitehall for a month. He will need to become familiar with the organizations, people and functions of City Hall and our hometown of Okeechobee. Since the City has a number of projects pending, it would be in the best interest of 11 the City for Mr. Cook to assist with this transition since he is knowledgeable on the present situations. There was a brief discussion and Council Member Watford stated he felt the Staff of the City would be quite capable of assisting Mr. Whitehall, but he agreed with Mayor Kirk that the transition would be smoother with the assistance of City Council directed Interim Administrator/City Attorney Cook to assist new City Administrator Whitehall through June 30, 2005, and the City will continue to pay him the salary difference during this time. 1 IX. ADJOURN MEETING - 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 tapes are for the sole purpose of backup for official records of the Clerk. James E. Kirk, Mayor ATTEST: MAY 17, 2005 - REGULAR MEETING - PAGE 6 OF 6 THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 6:45 P.M. The next regularly scheduled meeting is June 7, 2005. 269 AFFIDAVIT OF PUBLOER OKEECHOBEE TIMES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #12824 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 In the Court, was published in said newspaper in the issues of 05/12/2005 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly 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 he 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. James A. Hughes, Jr., (Publisher) Sworn to and subscribed before me this / 1A day of --- )A A.D. 2005 (SEAL) Notary Public gp3YPU''. Rosealee A. Brer Commission #DD31 a.oQ Expires: Jun 25, 2 i9�OP FIOP.` Bonded Tlllu Atlantic Bonding Co., 0 ----------- -------------- ----- _. NOTICE OF CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee City Council will meet in Regular Session on Tuesday, May 17, 2005, 6:00Rotpm, City Hall; 55 SE:3rd Ave., R200, Okeechobee, Florida. The public is invited and encouraged to attend. For a copy of the agenda contact. City Administration at (863) 763-3372 x 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person .desires toap- peal any decision made by the City Council with respect to any matter considered at this meeting, such interested person will need a record of the proceedings, and;for such pur- pose may need to ensure a verbutim record of theproceedings is made, which record in- cludes the testimony. and evidence upon which the appeal is to be bused:,Tapes are used for thesole purpose of back-up- for the Clerk's Office. In accordance with the Americans with _ Disabilities Act, (ADA) and Florida Statute 286.26, personswith disabilities needing spe- cial acaomtitodat'on to -participate in this pro- ceeding should contact Lane'Gamiotea, no late than two (2) working, days prior to the proceeding at 863-763-3372 x214; if you are heating or voice impaired, call TDD 1-800- 222-3448 (voice) or.. 1-888-447-5620 (7TY). LANE GAMIOTEA, CMC; City Clerk PUBLISH OS112J2005 OKEECHOBEE TIMES .. , Tape 1 side A CITY OF OKEECHOBEE - May 17, 2005 - REGULAR CITY COUNCIL HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor; II. OPENING CEREMONIES: Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Attorney John R. Cook Interim City Administrator John R. Cook Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith x x x x x x x x x x x Public Works Director Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of May 21-27, 2005 as "Safe Boating Week." Mayor Kirk read in its entirety the proclamation: "Whereas, r enjoyable We are fortunate that we have suffcientmsources 6 of pleasure boating demands. While being a marvelous sour unprepared can be a risky sport Not knowing or obeying alcohol or taking drugs while operating a boa4 or choosing examples of lack of proper judgement One particular I approximatV ply 8o percen4 the number of boaters who lose the is the wearing ofa life jacket; and Whereas, a significant numbe by drowning each year would be alive today had they worry i modem life jackets are more comfortable, more attractive am years past and deserve a fresh look by tmWs boating pubCc by the virtue of the authority vested in me as Mayor of the C supportihe goals ofthe North American Safe Boating Campaig 27, 2005 as "NATIONAL SAFE BOATING WEEK" and the sC Promote safe boating.l urge all of those who boat to "Boat Sn a life jacket and practicing safe boating habits.-" Flottia Representatives received proclamation, performing boat/vesse V. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and; Action for the may 3, 2005 Regular Meeting; seconded by Council A VOTE YEA NAY ABSTAIN ABSENT KIRK x t-UAIJrd Co V Page -1- Absent x creational boating is fun and accommodate the wide variety e of recreation, boating to the tie Navigation Rules, drinking of to wear a life jacket are all ehavior that can reduce, by r lives by drowning each year, ,of boaters who lose their lives Heir life jackets; and Whereas, more wearable than styles of low Therefore, I James E. Kirk iy of Okeechobee, do hereby i and proclaim May 21 through rt of the year-round effort to ut from the Start" by wearing checks, invited. the Summary of Council Williams. No discussion. 171 0 MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. VI. WARRANT REGISTERS - Interim City Administrator. A. Council Member Watford roved to approve the April 2005 Wan Improvement Projects Fund (Vehicles), four hundred fifty-six thou; and ninety cents ($456,257.90); General Fund, three hundred fifi� nine dollars and seventy-four cents ($359,289.74); Public F, thousand, seven hundred two dollars and thirty-one cents ($54,7( twenty five thousand, six hundred six fifty-two and thirty-five cen .thousand, two hundred twenty-five dollars and zero cent ($3,22; Markham. Watford, saw where we received a check for one of the grants, transportal commerce center? Cook, Could be tied in to some of the underground w first one we're received? Cook, first one I know of. DW, okay so we are money. VOTE_ YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. V11. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today -business for Mirk to discuss new administrator on board, attorney Vllt' NEW BUSINESS. _-- A. Consider setting a workshop on June 7, 2005 at 5:00 p.m. for the coverage - City Attorney (Exhibit 1). Page -2- it Register in the amounts: Capital nd two hundred forty-seven dollars line thousand, two hundred eighty- Hity Improvement Fund, filly -four .31); Industrial Development Fund, ($25,652.35); CDBG Grant, three m); seconded by Council Member i trust fund, is this the road for the k, but for the industrial park. DW, least starting to get some of the agenda. Add Item D under new Id what's taking place. of discussing health care Attorney Cook - Lola and I met with Scott Hams, the city's representative f Insurance Group Solution for Health -Insurance. Workshop at 5 and then decide at regular meeting. Two o 3tions for the city. Anticipate, no action at workshop, discuss the proposal, get input from employees, and then make decision at 2nd meeting in June. -_. Council Member Markham moved to told a workshop on June 7, 2005 at -._ insurance plan; seconded by Council. Member Chandler. VOTE YEA NAY ABSTAIN AMPUT KIRK X - CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B- Discussion pertaining to the installation of sediment traps by South William Salters, Engineer. p.m. to discuss the health Water Management District City Engineer Bermudez, city has been working toward a revised stormwater 1 nanagement system within the city, SFWMD has advised of a installation of sediment traps for the future m ster drainage plan that we will have to participate in by state mandate, SFWMD wit provide more money, st ite is paying for it and work for it. • • Great opportunity for the city and SFWMD help greater with the Lake of technology and Pap-3- clew up. Donate 2 pieces Markham, where will they be? 1 at city limits NE section south of the nursi home, 2 - NE 4t' St & r Avenue, constructed will be underground, clean out by the city, maintain it, located 'thin city right of way, 2 man holes, square baffle box, then circular unit with screen, what other areas have we ed at? We're doing th eone with DEP at -SE 411 Street, also need to look at the one between Michael's Sun Plaza. Gary Ridder can look at grants available for more of these technology ti ms we can do a combined grant opportunity that is available. Council Member Watford moved to authorize the mayor to execute the docu�nts to install the sediment traps; seconded by Council Member Thank you to SFWMD & Oscar. _ VOTE YEA MAY ABSTAIN ABSENT KIRK X - CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C. Consider approval of FY 05t06 FDOT highway lighting, mainteriaric .- and FDOT proposal for sweeping and mowing of medians Attoril e, and compensation agreement - Cook (Exhibit 2). -- The Highway Maintenance agreement was withdrawn from the agenda. Council Member Watford moved to adopt proposed Resolution 05-04; seconded by Council Member Markham. Attomey Cook read proposed Resolution No. 05-04 by title only as follows: OF OKEECHOBEE, FLORIDA AUTHORIZING THE EXECUTION AND ACC A RESOLUTION OF THE CITY AGREEMENT (REGARDING MAINTENANCE OF TRAFFIC, ROADSIDE E OF A MAINTENANCE PT:HTHE G, ROADSIDE LITTER REMOVAL, ROADAND BRIDGE SWEEPING, EDGING AND SWEEPING) STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECT DATE." DW, why are they decreasing amount? Cook last years,, this years, LG - bid1bontract amounts. udget cuts for them. JC, give a separate bid. "a" °1mv ""' VOTE YEA MAY ABSTAIN ABSENT KIRK _ _ X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. - D. _ _ New administrator will be here June 1. My thought to lot John spend month with him. Markham - no problem with that, IGrk, talked with him a few times, coming from out of state, he's not gang to kr low people and organizations, he has to appoint himself to the laws of florida, thought with everything going o John could help him get his feet wet for a month. A couple things that have come in my direction, finally said you need to call the • administrator and not running this through me, think John would be a lot Tape 1 Side B Lydia Lowry Kirk John Budget process in June, council keeping in same rate, 2250 for the Kirk, let department heads work through him first year of budget, seems to I transition, Watford, no problem with that, staff very capable, but no problem, make i I tc, needs to get around meet the civic organizations, main street, ec on, on a daily basis that we never know about, give him a 30 day running start, in to a new state, employees will be helpful, then the outside people, through June 30. IX. MAYOR KIRK ADJOURNED THE MEETING AT 6:45 p. m. page 4- help to him for a month th difference in salary, worked well, concerned about easier for him, )mic council, they deal with things ist put myself in his shoes, coming Page -I- Tape 1 side A CITY OF OKEECHOBEE - May 17, 2005 - REGULAR CITY COUNCIL MEETING. HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: II. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Attorney John R. Cook Interim City Administrator John R. Cook Clerk Lane Gamiotea Deputy Clerk Meiisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson Present Absent f / f IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of May 21-27, 2005 as "Safe Boating Week. Mayor Kirk read in its entirety the proclamation: "recreational b tine is fun and enjoyable. We are fortunate that we have sufficient resources to accommo ate the wide variety of pleasure boating demands. While being a marvelous source of recre tion, boating to the unprepared can be a risky sport. Not knowing or obeying the Navigation ides, drinking alcohol or taking drugs while operating a boa4 or choosing not to wear a life j cket are all examples of lack of proper judgement. One particularbehavior that can reduce, approximately 80 percen4 the number of boaters who lose their lives by drowning each yea , is the wearing of a life jacket, and Whereas, a significantnumberof boaters who lose theirfi isbydrowning each year would be alive today had they worn their life jackets; abd Wherea modern life jackets are more comfortable, more attractive and more wearable than styles o years past and deserve a fresh look by today's boating public. Now Therefore, I James E.19 , by the virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby support the goals of the North American Safe Boating Campaign and proclaim May 21 through 27, 2005 as "NATIONAL SAFE BOATING WEEK" and the start of the year-round effort to promote safe boating. I urge all of those who boat to "Boat Smart from the Start" by wearing a life jacket and practicing safe boating habits." V �zk /�6 Page -2- V. MINUTES - City Clerk. A. Council Member moved to dispense with th reading and approve the Summary of Council Action for the may 3, 2005 Regular Meeting; seconded byCouncil Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER i MARKHAM WATFORD L. WILLIAMS MOTION: DENIE ARRIED. VI. WARRANT REGISTERS - Interim City Administrator. A. Council Member moved to approve the April 2005 Warrant Register in the amounts: Capital Improve lent Projects Fund (Vehicles), four hundred fifty-six thousand two hundred forty-seven dollars and ninety cents ($456,257.90); General Fund, three hundred fifty-nine thousand, two hundred eighty-nine dollars and seventy-four cents ($359,28 .74); Public Facility Improvement Fund, fifty-four thousand, seven hundred two dollars and thirty-one cent ($54,702.31); Industrial Development Fund, twenty five thousand, six hundred sy�(fifty-two and thirty-five cents ($25,652.35); CDBG Grant, three thousand, two hundred twenty-fiv do tars and zero cent ($3,225.00); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK �c1 CHANDLER MARKHAM WATFORD � S�t�¢�t� — �EJk L. WILLIAMS MOTION: DENIELARRIE�IIDJ 0 VII. AGENDA - Mayor. A. Requests for the addition; deferral or withdrawal of items on today s agenda. VIII. NEW BUSINESS. A. Consider setting a workshop on June 7, 2005 at 5:00 p.m. for the p irpose of discussing health care coverage - City Attorney (Exhibit 1). C) cylk Y/' ��.��''��J'V�/—' ems'`/ / • I/ �—�/�' / / • B. Page -3- Discussion pertaining to the installation of sediment traps by South FI rida Water Management District - William Salters, Engineer. J t" "7 7U 0 14 Page -4- Consider approval of FY 05/06 FDOT highway lighting, maintenance, and compensation agreement and FDOT proposal for sweeping and mowing of medians - Attorney Cook (Exhibit 2). lo�� J rt -- c l \36 �07 ems- IX. MAYOR KIRK ADJOURNED THE MEETING AT CO SJP. M. 0 E ~ /,u� � 'c,~~"`~ " ' E CALL TO ORDER - Mayor: OPENING CEREMONIES: CITY OF OKEECHOBEE MAY 17, 2005 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA May 17, 2005 City Council Regular Meeting, 6:00 p.m. Invocation given by Pastor AI Jaquith, Basinger First Baptist Church; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Attorney/Interim City Administrator John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melissa Eddings Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of May 21 - 27, 2005 as "Safe Boating Week." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 3, 2005 Regular Meeting. PAGE 1 OF 2 MAY 17, 2005 - CITY COUNCIL AGENDA - PAGE 2 OF 2 VI. WARRANT REGISTER - Interim City Administrator. A. Motion to approve the April 2005 Warrant Register is Capitol Projects (vehicles) $456,247.90 General Fund $359,289.74 Public Facility Improvement Fund $ 54,702.31 Industrial Development Fund $ 25,652.35 CDBG Grant $ 3,225.00 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. NEW BUSINESS. A. Consider setting a workshop on June 7, 2005 at 5:00 p.m. for the purpose of discussing health care coverage - City Attorney (Exhibit 1). B. Discussion pertaining to the installation of sediment traps by South Florida Water Management District - William Salters, Engineer. C. Consider approval of FY 05/06 FDOT highway lighting, maintenance, and compensation agreement and FDOT proposal for sweeping and mowing of mpdiAnC - Alfnrnav (`nnle /11:v;%ik;4 I)\ IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purposed 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 tapes are for the sole purpose of backup for official records of the Clerk. Off ice of tine Mayor' � Okeechobee, Florida w Fay ,reational"boating is fun and enjoyable. We are fortunate that we have ufficient resources to { wide variety of pleasure boating demands. While being a marvelous source of recreatior�,i t unprepared can be a risky sport. Not knowing or obeying the Navigation Rules, dr i king � 00 0 ; rugs while operating a boat, or choosing not to wear a life jacket are all a ples of lack of pro ^, One -particular behavior that can reduce, by approximately 80 percent, a number of boaters-yy_ Yc� fives by drowning each year, is the wearing of a life jacket; and wf heeas, a significant number of boaters who lose their lives by drowning each year would be ahve todaylia worn° their life jackets; and r, Nher�eas, modern life jackets are more comfortable, more attractive and more wearable than styles 0 ye;ft'pa deserve a fresh look by today's boating public vQw Tlfereiare, I James E: Kirk, by the virtue of the authority vested in me as N layor of the City oflW- clab riereliy support the goals of the North American Safe Boating Campaign and proclaim May. ir mI y 2005 as "IdATlONAL SAFE BOATING WEE% and the start of the year-round .effort :to pf6W8t boating, I urge all of those who boat to "Boat Smart from the Start" by weiring a lifejacket and ra�cticir p boating habits. ,. + F " In witness hereof Iiv hereunto , ha d caused tla:s�se toe t . . . . . . . . . . . . . . . . . . JJ L r- a r_.W q r Office of the Mayor, 4keechobee, Floric _`. a America is the land of freedom, preserved and protected willingly and. olu'zen •soldiers- and ,-millions who have answered the call to arms have died on the field of battl$; , R om;; a nation at peace must be reminded of the price of war and the debfowed to" Iedied in war; and UEREAS, the red'poppy has been designated as a symbol of sacrifice of lives in alLwarsarfd rHEREAS the An*ican Legion Auxiliary has pledged to remind America annually of"rt1, d Ot' 4. through thedistribution of the memorial flower. OWrINtREFORE,1, James E. Kirk, by virtue of the authority ves ed in me as Mayor of the City - °of Oheectiobee, do hereby proclaim the 28 h day of May 2005 as "Poppy Days' and asks I lat l'I 6iti2-ens_pay tribute to those who have made the ultimate . . sacrifice in t,h6 nam(a of fre,Pdom by wearing the Memorial Poppy on this day. f . -. .. .. •.;yam In witness w iereof I have'herreunid set y 43 d and aused this s %°foe a ed ;•, s .. �. M James Ktrk;'ar Attest: . F Lane Gam' ea, CIfy a .. Date Mav 9T J 1' w i w y JEB BUSH GOVERNOR May 4, 2005 • STATE OF FLORIDA • (Office of the gobernr THE CAPITOL TALLAHASSEE, FLORIDA 32399-0001 www.flgov.com 850-488-7146 850-487-0801 fax The Honorable James E. Kirk Mayor City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974-2932 Dear Mayor Kirk: RE: Economic Development Transportation Trust Fund Project ID: 04-00155 Project Number: 03/0443A On behalf of. Federal Cast Stone, Inc. Enclosed is a check in the amount of $553,849.97. This check repr sents the first payment under the Economic Development Transportation Fund on behalf of the project and company stated above. If you have any questions, please contact Marcia Campbell of Sh ton, Brunson & Company: phone, 850/224-2994; fax, 850/224-0099; or e-mail, mmc sbcc a. om. Sincerely, I , Vera A. Greenwood, Incentives Coordinator Office of Tourism, Trade, and Economic Development Enclosure Govemor's Witodng Initiative BEA MENTOR BEA BIG HELP. �� 1-800-825-3786 . SISTE OF FLORID 4- 0 4 82 7 76 9 DEPARTMENT OF FINANCIAL SERVICES REMITTANCE ADVICE THIS IS NOT A PAYMENT DEVICE FLAIR ACCOUNT CODE OLD SITE DOCUMENT NUMBER OBJECT DATE PAYMENT NO 31-202175001-31800600-00-14470102 131 0000 00 1 D5000640 84 1 7500 04 29 05 1 1335917 PAYMENT AMOUNT $ 553,849.97 CITY OF OKEECHOBEE 55 SE 3RD AVE OKEECHOBEE FL 34974-2903 PLEASE DIRECT QUESTIONS TO: (850) 487-1011, OFFICE OF THE GOVERNOR VENDORS NOW CAN VIEW PAYMENT INFORMATION AT HTTP://FLAIR.DBF.STATE.FL INVOICE NUMBER AMOUNT ------------------------ 04-083 $ 553,849.97 .US AGENCY DOCUMENT NO V003571 DETACH CAREFULLY AND RETAIN FOR YOUR RECORDS BEFORE CASHING OR D POSITING THE WARRANT ------ -- ---- ---- -- ---- - ..— ra��U'srWARRANT NO 63-1569 OEPAry'RpENYiSF + �02`�7,5i�p� Q�.., ' _ �750tf I34%Z'8%05 13358"i 7.. 631 FINAN AL 7 P s $Er{VIC$ °<,� as Vik ER 12 MONTHS 1 Ilk &' '� a c 4 .1M! • ® @ " - • ��,t:.. 'ice s�s�r. s .f � '�� P,4Y 5 MOUNT FIVE^:H,i1NQR`I)-�.1."t�Y.. .w� ;ID :° . v r n�ia;£:ri,.... fi?R47 IlaStoL33S9L7081I' i:063LIS6991: II'42 • • SOUTH FLORIDA WATER MANAGEMENT D STRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686-8800 • FLWATS 1-800-432-2045 • TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 • www.sf ,mcl �nv GOV 10 May 13, 2005 Mr. Brian Whitehall City Administrator 55 SE 3rd Ave. Okeechobee, FL 34974 Dear Mr. Whitehall: Subject: Florida Department of Environmental Protection F 319 Grants. I would like to take this opportunity to welcome you to Okeechobee together on the resource challenges that face this growing comr phosphorus loads to Lake Okeechobee, City and County governme engaged in the planning and subsequent implementation of projects entering our creeks and rivers that subsequently drain into the Lake. we are always looking for opportunities to augment the cost through g Clean Water Act Section and I look forward to working unity. In an effort to reduce its around the Lake have been to improve the quality of runoff These projects can be costly so The Florida Department of Environmental Protection (FDEP) awards approximately $7 million each year in Section 319 funds to local governments to implement projects such as stormwater treatment facilities, urban best management practices, and even education programs to reduce non -point source pollution. I thought the City might be interested in applying for some of this grant money, however, the deadline, of July 8, 2005, to submit proposals for the FY 2006 grant cycle is getting closer. If you are interested in submitting a grant proposal for the FY 2006 c) assist the city in any way possible. I look forward to your comments on future projects. Sincerely, Gary J. ter Lead E ironmental Scientist cc: Benita Whalen, Director Okeechobee Service Center Jim Kirk, Okeechobee City Mayor Lydia Williams, Okeechobee City Council Dowling Watford, Okeechobee City Council Lowry Markham, Okeechobee City Council Noel Chandler, Okeechobee City Council Oscar Bermudez, Okeechobee City Engineer GOVERNING BOARD I will be more than happy to well as working with the City ExF.c -rwr OFFICE Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Henry Dean, Esccntira, I)irrchu Irela M. Bague, Vice -Chair Michael Collins Harkley R. Thornton Pamela Brooks -Thomas Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. Bill L. Veach • EXHIBIT 1 MAY 17, 2005 City of Okeech0bee May 10, 2005 MEMO Re: Health Insurance Renewal I met today with Scott Harris, along with Lola, to diq coverage, and we have placed the item on the May 17 ag workshop for June 7 at 5:00 p.m. This should provide time f proposal, and allow Brian to get up to speed on it as well. M on coverage until the second meeting in July, and we should < be necessary to request additional insurance proposals prior to Office of the City Administrator ,cuss renewal of health care ;enda to consider setting a br the council to review the 'e need not make a decision aso consider whether it will our August 1 renewal date. I have included a copy of the proposal for your revie , which is surprisingly good news this year. We can renew existing coverage at no additional expense. However, Scott tells us that Blue Cross is phasing out HMO plans by 2007, and will eventually mandate their newest plan, Blue Options, which is a PPO plim.. The advantages to the Blue Option plan 1748-2 are: -A doctor is not assigned, and no authorization is regi employees may select any provider in the network, both in network nationwide; as he explained, if one wishes to g specialized providers, you are free to do so without prior auth -The cost for the City remains the same, but the coverage is reduced dramatically. -There are many other benefits not included in our pi explain, such as payment of up to $250.00 for an annual number for 24 hour access to a registered nurse for medical ac The disadvantages would include: -The plan requires co -pays, which are higher than providers are in option 1, this requires a $250.00 co -pay. 1 and all out of state providers, which are option 2, which requ ed for tests or surgery; the lorida and the Blue Cross to Mayo Clinic or other for spouse or family plan, which Scott will al, and an 800 phone present plan, and as all xded is Martin Memorial, a $500.00 co -pay. 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 703-3372 - Fax: (863) 763-1686 • • In short, the City will have to weigh the flexibility of Blue Options and the ability to have access to virtually unlimited physicians and hospitals nationwide in the network, plus lower family rates, versus the slight additional cost of c -pays. Another option we discussed was to leave family coverage at its present rate, and use the money left over to assist with dental coverage as an additional benefit. Of course, Scott will explain this in much greater detail on June 7. John R. Cook Interim Administrator • City of Okeechobee Group Health ce August 1, 2005 Renewal Analysis and Comparison Prepared by Scott Harris May, 2005 18230 RIVER OAKS DRIVE • JUPRER, FI. 33458 • PHONE 561-747-5636 • FAx �61-747-3524 -- 800-972-0963 • . ity of Okeechobee 2005 Blue Cross Health Insurance Renewal Com Present Plan B1ueOptions Alternates HMO Plan 4 1748 1750 Provider Network Bluecare Network Blue Maximum Benefit Unlimited $5,000,000 Basic, Preventive and Diagnostic Care Open Access to PCP/ Specialist? No Yes Test/Surgery Approval Required? Yes No IM, GP, FP, Ped OV Copay $10 $10 $15 Specialist OV Copay $10 $20 $30 Independent Clinical Lab Copay (Quest) $0 $0 Ind Diagnostic Testing Fac Copay $0 $50 $100 Prescription Copays 5/15/30 7/20/35 10/25/40 Phvcirian Rarvirraa 12aoa.-.A -r*L- -- - Calendar Year Deductible $0 $0 in/ $500 out $0 in/ $500 out Coinsurance (% you pay, in network) 0% 0% of negotiated fee 10% of Coinsurance (out of network) 100% 40% +bb in excess of BCBS allowance Hospital Services Varies by HoVital- Option 1 Hospital/ Option 2/ Qption Hospital Inpatient Co Pay/admit $0 $250/500/750 $400/800/1200 Out Patient Surgery/Test Copay $0 $100/200/300 Emergency Room Services Copay $50 $50 $ 1 00+ded/coins on Dr Amb/DME/HHC/Injectable Drug $0 deductible/coinsurance Therapy Copay $0, 60 days ded/coins, $2500/ year On Ded/Coins/Non-rx Copays $1500 $1500/$3000 $2500 Blueoptions non -participating provider benefits access the Blue Cross PPO ar d Traditional networks to access their pre - negotiated fees and no balance -billing provisions with providers that do not p cipate in Network Blue. Expenses with providers who are not under any contract with BCBSFL are subject to the BC SFL "MAP" (Maximum Allowable Payment), which is lower than actual charges. E L_J GROUP INSURANCE Blue Ct Present Rates Renewal Rates HMO Plan 4 HMO Plan 4 Employee Only (49) $438.00 $438.00 Employee/Sp (5) 936.50 936.50 Employee/Ch (9) 790.88 790.88 Family (1) 1299.38 1299.38 Annual Total (64) $415,342 $415,342 $ Change $0 % Change 0.0% Employer Cost* i348,984 Employer Cost $ Change Employer Cost % Change Weekly Payroll Deductions: Employee Only $0 Employee/Spouse $98.89 Employee/Children $65.29 Empl/Spo/Children $182.64 $348,984 $0 0.0% Rate Blue Shield ternate Plans Pl 1748 Plan 1748-2 Plan 1750 $ 07.47 $438.00 $395.85 965.19 881.60 -� 937.68 18.71 741.00 795.37 1376.43 998.00 1337.19 $4 2,441 $402,444 $390,967 ($1 ,901) ($12,898) ($24,375) (3.1 %) (3.1 %) (5.90%) (6 37 F8,984 $316,613 �7) $0 ($32,371) 1) 0.0% (9.3%) $0 $0 $0 $0 $98.89 $11 .56 $86.22 $108.89 $65.29 $7 .75 $53.77 $76.05 $182.64 $20 .47 $113.09 $201.09 *Employer Cost is based on 100% of the employee premium an $70 of each dependent premium The benefits provided under 1748 and 1748-2 are identical. Rate can be developed for 1750-2. GROUP INSURANCE Notes: Blueoptions benefit disadvantages (compared to the HMO) include: Higher copays than the HMO options for some services, deductible and coinsurance will apply to some expenses. Outpatient diagnostic testing, for example, will be subject to the outpatient facility copay and the associated will be subject to the deductible and coinsurance. A maternity claim is another example. Physician expenses will be subject to the deductible and coinsurance. Blueoptions benefit advantages (compared to the HMO) inclu, designation, no referrals required to visit specialists and no au Out of (Network Blue) coverage is provided and members caj networks to secure pre -negotiated fees and no balance -billing. There are no geographic boundaries to accessing healthcare se Members can use the PPO networks of out of state Blue Cross level. Out of state hospital claims are paid at the tier two bene can be accessed through bcbs.com. Claims with providers that do not participate in any BCBSFL or HMO) are subject to the BCBSFL "Maximum Allowable 1 retail charges. The Florida provider networks can be reviewed by visiting the the link to "Provider Directory", then click on the "Plan" drop interested in; Bluecare HMO, Bluechoice PPO or Blueoptions/1 other options to search by County, provider type or name. No "Primary Care Physician" torizations required for tests and surgeries. access the BCBSFL Traditional and PPO ces. Nationwide coverage is included. ms and receive the in -network benefit level. Out of state BCBS plan networks (Traditional, PPO, Network Blue . MAP is significantly lower than Cross website at bcbsfl.com. Click on i menu and select the network you are ork Blue. Choose one or more of the • • Mayor, Council Members and ICA/CA Cook: New Business Item C needs to be revised. First lighting agreement is being withdrawn. Second, and Mowing Agreement should read: "Motion to adopt proposed Resolution No. 05-04 execution and acceptance of a highway mainten between the City and FDOT - Revised Exhibit 2. Thanks, Lane, CIVIC the DOT highway the DOT Sweeping authorizing the ance contract • • City of Okeechobee Speedy Message May 17, 2005 To: Interim City Administrator/Attorney Cook Re: DOT Maintenance Agreement - Mowing & Sweeping Last years agreement with DOT $28,913.29 annually. This years agreement with DOT $21,003.77 annually. Big O Lawn Care Contract $13,200.00 annually is for City h Parks, Medians, and Sidewalks. (Note we use to have these separated out so that the areas known specifically but that is not the case any more, when t combined into one bid/contract. The contract expired March paragraph regarding option to renew which states "It is undi contract is subject to availability of funds to CITY annually, of this contract b the City Council. Thus, no guarantee exprc review options under this contract."/ asked Katrina whether renew the contract and she thought there were but that eves between Big O and Donnie. 1 asked her to get something in sign and listing the dates of the renewal for the file.) Charlie's Street Sweeping Contract $32,708.00 annually is Streets, and City Hall Parking Lot. (Note The bid documents specifically states that this it is a 5 year being automatically renewed. The contract reads that it ends June 30, 2003. I've asked Katrina to also have somethi parties to sign for the file as well.) Thank you. CMC City Clerk Office of the City Clerk & 441 , Police Department, City Pat DOT paid for were ►y were rebid they were all 1, 2005. There is a Ptood that renewal of this I the rebidding and award > or implied id made as to ere were any decisions to king was done verbally siting for both parities to 70, 441, South Park it contract, with each Tan July 1, 2002 and in writing for both • Florida Department of T JEB BUSH GOVERNOR April 14, 2005 Mr. Donnie Robertson Director of Public Works City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 801 North Broadway Avenue Bartow, Florida 33830 Re: Highway Lighting, Maintenance, and Compensation City of Okeechobee AM859 Dear Mr. Robertson: EXHIBIT 2 MAY 17, 2005 JOSE ABREU SECRETARY The Department is now allotting funds to Maintaining Agencies of iighway lighting systems on state highways. The Department will compensate each Maintaining gency $163.91 per light for maintenance of 90% of the total number of lights being maint fined on state highways for FY 05/06. It is anticipated that compensation will be made for mai itenance of 90% of the total number of lights being maintained in FY 06/07 at $163.91 per light p us $900 in total cost. As stated in the attached Exhibit "A", FY 05/06 Work Order, the inventory of lights maintained by you is ninety-seven (97). This is the number used to program funding of $14,309.34 for your agency for FY 05/06 in the Department's Five -Year Work Program for this activity. Attached are four (4) copies of the FY 05/06 Work Order (Exhibit "A") for contract number AM859 between the Department and your agency for FDOT's FY 05/06 for your review and execution. Please return the four (4) original executed copies to the Department by May 25, 2005 for final execution. After the Agreement has been fully executed and dated, a copy will be provided for your files. A fully executed Agreement is required before the allotted funds can be released. Executed documents should be mailed to my attention at: Florida Df Utilities Department, Mail Station 1-11, P.O. Box 1249, Bartow, F have any questions regarding this Agreement or require assistance ii our GEC Project Manager, Jason Lyle, by phone at 863/519-29( dot. state. fl.us. Thank you very much for your cooperation. Sincerely Walter L. Cht s;W�� District Utility Administrator Enclosures SAP8SJ-GEC\Amanda\Highw8y Lighting Agreemenls\FY0506\main utilities letter\Okeech,,bee.DOC apartment of Transportation, L 33831-1249. Should you i this matter, please contact 17 or email at jason.lyle@ District One • Utilities Department • MS I-1 r 801 North Broadway Avenue • Post Office Box 1249 • Bartow, FL 33 31-1249 863/519-2533 ,h%Vfi@JbgQ US ® RECYCLED PAPER EXHIBIT "A" FY 05/06 FDOT WORK ORDE STATE HIGHWAY LIGHTING MAINTENANCE, AND COMPENSATION AGREEMENT Contract Number AM859 Maintaining Agency: City of Okeechobee Effective Date: July 1, 2005 to June 30, 2006 1.0 PURPOSE This exhibit defines the method and limits of compens tion to be made to the Maintaining Agency for the services described in the o iginal agreement executed on 07/30/02. 2.0 COMPENSATION The Department will compensate each Maintaining Ag ncy for maintenance of lights being maintained on state highways for FY OS/06 is 90% of the total number of lights at $163.91 per light. The current inventory of lights to be maintained by you agency for FY 05/06 is ninety-seven(97) at a cost of $163.91 per light which b ings the amount of compensation to $14,309.34. 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department early for services rendered in a format acceptable to the Department. For Satisfactory completion of all services as detailed in the on final agreement for this FY 05/06, the Department will pay the Maintaining Agency a tal Lump Sum of $14,309.34. Walter L. Childs, Jr. FDOT District Utility Administrator In Date: Date: of Okeechobee, UAO 304 Unit Prices vs. Contract vs. MCA z used in Statewide Budget Request 10A City of Okeechobee SWEEPING AND MOWING OF MEDIANS F1r]n7 F1r)71 RnR19 ! r 471 Activity Description Lg Mach Mow Unit of Measure Acres Units Per Cycle Total Unit Price 1 $13.81 $100.71 $48.23 7 District MRP 80 Workload Cycles 5.25 3.26 4.23 Total Yearly Cost $0.00 $0.00 $856.04 Total Unit Price $26.56 Contract E Cycles Y to Contract 12.00 Total Yearly Cost $0.00 $0.00 $1,338.62 Total Unit Price $63,60 Existing MOA In Agreement 12.00 Total Yearly Cost $0.00 $3,205.44 03/04 Contract Engineered Total Cycles Unit Workload Price Cycles Cost Total Yearly Cost 482 SlopeMow Acres $13.86 $47.211 12.00 $0.00 0.00 $2,379.38 484 Intermediate Mow Acres 4.2 485 Small Mach Mow Acres 541 Litter Removal Acres 4.2 $7.02 $420.36 $230.50 $40.29 $290,71 10.12 2.23 0.09 6.15 0.53 $298.44 $0.00 $0.00 $3,517.38 $399.87 $0.00 $4.75 $60.00 $350.00 12.00 12.00 2.00 $239.40 $0.00 $0.00 $10,224.00 $1,834.00 $0.00 $25.00 $84.80 $318.00 12.00 12.00 12.00 $1,260.00 $0.00 $0.00 $14,449.92 $9,997.92 $0.00 $6.67 1 .00 $437.78 $224.20 $40.87 12.00 $294.48 2.00 00 36.17 $336.17 $0.00 $0.00 $6,964.25 $1,543.08 $0.00 487 Manual Weed Cnt Acres 542 Manual Swee Curb Mi 543 Mech Sweep Curb Mi 14.2 545 Edge & Sweep Ed a Mi 2.62 Total Yearly Cost $5,071.73 Total Yearly Cost $13,636.02 Total Yearly Cost $28,913.28 Total Yearly Cost $11,222.38 =+ctivity Activity I541 Litter 487 Manu Units Unit of Per Measure Cycle Acres Acres Acres 4.2 4.2 Spreadsheet edited by Information Provided by �um.cny raynicnl y/,GL0.3Z F1rin7 F1r171 PrIA10 -------- Total Unit Price District MRP 80 Workload Cycles Total Yearly Cost Total Unit Price Contract E Cycles in Contract Total Yearly Cost Total Unit Price New MOA In Agreement Total Yearly Cost 03/04 Contract Total Unit Price $13.86 Engineered Cycles Workload Cycles Cost Total Yearly Cost $0.00 $13.81 5.25 $0.00 $100.71 3.26 $0.00 $0.00 $0.00 $0.00 $48.23 4.23 $856.04 $26.56 12.00 $1,338.62 $47.21 12.00 $0.00 $2,379.38 $98.86 $47.21 12.00 $0.00 $2,379.38 $79.76 4.25 $0.00 $0.00 $0.00 $79.04 $0.00 $7.02 10.12 $298.44 $4.75 12.00 $239.40 $6.67 12.00 $336.17 $6.67 12.00 $336.17 $420.36 2.23 $0.00 $0.00 $0.00 $437.78 $0.00 $230.50 0.09 $0.00 $0.00 $0.00 $224.20 $0.00 $40.29 6.15 $3,517.38 $60.00 12.00 $10,224.00 $60.00 12.00 $10,224.00 $40.87 12.00 $6,964.25 $290.71 0.53 $399.87 $350.00 2.00 $1,834.00 $294.49 12.00 $9,258.77 $294.48 2.00 $1,543.08 $0.00 $0.00 $0.00 $0.00 Total Yeariv Cost P5�n71 -71A T-f,l V__A,, •r ---- -- . ---• �- - --- -_ ,�,...... ,.,..,, ...,�, If-, Lay.oc �IIULal Teany LAST (�1� l,ZZ2.88� Quarterly Payment $5,549.58 Kathy Calder City of Okeechobee MOA Howard Summers 2004 • • STATE OF FLORIDA DEPARTMENT OF TRAP MAINTENANCE AGREEMENT This is an Agreement by and between the STATE OF FL TRANSPORTATION, an agency of the State of Florida, he "DEPARTMENT", and CITY OF OKEECHOBEE , hereinafter WITNESSETH tract No.: No.: 414802-1-72-02 ATION DEPARTMENT OF referred to as the to as the "AGENCY". 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 tinder Section 334.044 F. S. to enter into this Agreement; and WHEREAS, the AGENCY by Resolution No. 0 5 - 0 4 J u n e , 2005 , a copy of which is attached hereto and made a part to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual contained herein, the parties agree as follows: 1-SERVICES AND PERFORMANCE A. The DEPARTMENT does hereby retain the AGEN described in EXHIBIT A, attached hereto and made a part hereof. B. Before any additions or deletions to the work undertaking any changes or revisions to such work, the parties sl Agreement covering such modifications and the compensation to be I any such services prior to the execution of a Supplemental Agreeme those services. Reference herein to this Agreement shall be consider thereto. C. The DEPARTMENT will be entitled at all times to be status of work being done by the AGENCY and of the details ti _ dated the 17 th day of has authorized its officers promises and representations to furnish certain services as I in EXHIBIT A, and before 9 enter into a Supplemental id therefore. Performance of will result in nonpayment of l to include any supplemental at its request, as to the Coordination shall be • • maintained by the AGENCY with representatives of the DEPAR D. All services shall be performed by the AGENCY to who shall decide all questions, difficulties and disputes of any nature or by reason of this Agreement. The Director's decision upon all clan be final and binding upon all parties. Adjustments of compensation major changes in the work that may become necessary or desiral discretion of the Director. Reference herein to Director shall mean the DEPAR One, or authorized designee. 2-TERM ie satisfaction of the Director hatsoever that may arise under s, questions and disputes shall I contract time because of any shall be left to the absolute s District Secretary for District A. This Agreement has a term of three (3) years, whic shall commence immediately following the execution of this Agreement by the DEPARTMENT. B. Subject to mutual agreement of the parties, this cont r ct may be renewed on a yearly basis for a period of up to two (2) years after the initial contract or 7or a period no longer than the term of the original contract, whichever period is longer. Renei vats shall be contingent upon satisfactory performance evaluations by the DEPARTMENT. The 1E EPARTMENT's performance and obligation to pay under any such renewal is contingent upon n annual appropriation by the Legislature. Any renewal or extension shall be in writing and execut ed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. C. The services to be rendered by the AGENCY shall commence, subsequent to the execution of this Agreement, upon written notice from the DEPAR MENT's Project Manager and shall continue until such time as described in EXHIBIT A, unless terminated in accordance with paragraph 6 of this Agreement. 3-COMPENSATION AND PAYMENT A. The DEPARTMENT agrees to pay the AGENCY for the herein described services at a compensation as detailed in EXHIBIT A attached hereto and made a part hereof. 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 EPARTM[ENT. B. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. 2 C. If this Agreement involves units of deliverables, then �uch units must be received and accepted in writing by the DEPARTMENT's Contract Manager prir to payments. D. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. E. Bills for fees or other compensation for services or xpenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. F. Bills for travel expenses specifically authorized by thi Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes. G. AGENCY providing goods and services to the DEP TMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has f ve (5) working days to inspect and approve the goods and services, unless the Agreement specifies c therwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is re rived or the goods or services are received, inspected and approved. H. If a payment is not available within 40 days, a separat interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and pay ble, 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. T invoice payment requirements do not start until a properly completed invoice is provided to the D PARTMENT. I. A Vendor Ombudsman has been established within t ie Department of Banking and Finance. The duties of this individual include acting as a advocate foi contractors/vendors who may be experiencing problems in obtaining timely payments(s) from t state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1- 800-848-3792. J. Records of costs incurred under terms of this Agreem nt shall be maintained and made available upon request to the DEPARTMENT at all times during the eriod ofthis Agreement and for three years after final payment is made. Copies of these documents a id records shall be furnished to the DEPARTMENT upon request. Records of costs incurred in udes 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 DEPAR17MENT for a proper audit of costs. K. The DEPARTMENT, during any fiscal year, shall �ot expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of 3 • • the amounts budgeted as available for expenditure during such fisc, written, made in violation of this subsection is null and void, and i contract. The DEPARTMENT shall require a statement fi DEPARTMENT that funds are available prior to entering into any commitment of funds. Nothing herein contained shall prevent the i exceeding one year, but any contract so made shall be executory onl, be rendered or agreed to be paid for in succeeding fiscal years. Ac4 performance and obligation to pay under this Agreement is contingei by the Legislature. L. A person or affiliate who has been placed on the cc conviction for a public entity crime may not submit a bid on a co: services to a public entity, may not submit a bid on a contract with a I or repair of a public building or public work, may not submit bids public entity, may not be awarded or perform work as a contract consultant under a contract with any public entity and may not transa in excess of the threshold amount provided in Section 287.017, Flor for a period of 36 months from the date of being placed on the cone 4-INDEMNITY AND INSURANCE year. Any contract, verbal or money may be paid on such )m the Comptroller of the ;uch contract or other binding aking of contracts for periods for the value of the services to )rdingly, the State of Florida's r upon an annual appropriation ricted vendor list following a -act to provide any goods or )tic entity for the construction a leases of real property to a supplier, subcontractor, or business with any public entity i Statutes, for Category Two ted vendor list. A. INDEMNITY. AGENCY agrees, to the extent allowed by Section 768.28 F. S., that it will indemnify, defend, and hold harmless DEPARTMENT and all of DEPARTMENT's officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, actions, neglect or omission by AGENCY, its agents, employees, or subcontractors during the performance of this Agreement, whether direct or indirect, and wheth er to any person or property to which DEPARTMENT or said parties may be subject, except that n ither AGENCY nor any of its subcontractors will be liable under this section for damages arising ou of injury or damage to persons or property directly caused or resulting from the negligence of DEPA tTMENT or any of its officers, agents, or employees. B. LIABILITY INSURANCE. The AGENCY shall c 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 $100,000 per person and $300,000 each occurrence, and property damage insurance of at least $100,000 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. C. WORKER'S COMPENSATION. The AGENCY sh 1 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 4 is by providing to the DEPARTMENT written evidence of being self 5-COMPLIANCE WITH LAWS A. The AGENCY shall allow public access to all material subject to the provisions of Chapter 119, Florida St AGENCY in conjunction with this Agreement. Failure by the shall be grounds for immediate unilateral cancellation of this � B. The AGENCY shall comply with all federal, state applicable to the work or payment for work thereof, and shall not di., color, religion, sex or national origin in the performance of work uj 6-TERMINATION AND DEFAULT ents, papers, letters, or other and made or received by the `Y to grant such public access mt by the DEPARTMENT. id local laws and ordinances iminate on the grounds of race, this Agreement. A. This Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such terminatio i. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreerr. ent 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 assi ent be made for the benefit of creditors. This Agreement may be canceled by the AGENCY upon 60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the AGENCY is not satisfactory, the DEPARTMENT shall have the option of (a) immedi tely terminating the Agreement, or (b) notifying the AGENCY of the deficiency with a requirement t iat 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 C. 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. D. 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. 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 DE13ARTMENT and will be turned over promptly by the AGENCY. W u • 7-MISCELLANEOUS A. The AGENCY and the DEPARTMENT agree that subcontractors are not agents of the DEPARTMENT as a result of than those set out in Section 337.274, Florida Statutes. B. All words used herein in the singular form shall words used in the plural form shall extend to and include the si: shall extend to and include all genders. AGENCY, its employees, and Agreement for purposes other to and include the plural. All All words used in any gender C. 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. D. 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. E. This Agreement shall be governed by and construed ir� accordance with the laws ofthe State of Florida. F. Attachments. All exhibits and attachments are made � part of this Agreement. EXHIBIT "A" ATTACHMENT "A" ATTACHMENT "B" 0 • • EXHIBIT "A" The services to be rendered by the Agency shall commence, iubsequent to the execution of this Agreement, upon written notice from the Department's Project Manager ("Notice") and shall continue for 3 three years from the date of said Notice. 2 - COMPENSATION The Department agrees to pay the Agency for services re ered in accordance with this Agreement. A lump sum payment will be made in the amount of $5.250.94 Five Thousand Two Hundred Fifty and Ninety Four) per quarter for a total of 21 003.77 (Twenty -One Thousand Three and Seventy -Seven) 3 - LOCATION AND DESCRIPTION OF MAINTENANCE ACTIVITIES TO BE PERFORMED. SEE ATTACHMENT "A" attached hereto and maO a part hereof. Pay Item Number Activity Number Description Units Quantitiy Price Per Unit Cycles Per Year Total Cost E104 4 4 484 Mow Int Acres 4.25 $47.2 12 $2,407.71 El 10 30 541 Litter Acres 4.25 $6.6 12 $340.17 El 10 31 543 Sweep Mech Mile 12.496 $60.0 12 $8,997.12 El 10 32 11 545 Edge/Sweep Mile 1 2.62 $294.411 12 $9,258.77 Total Ye Quarterly ly Cost Payment $21,003.77 $5,250.94 If L_J • ATTACHMENT "A" LOCATION DESCRIPTIONS CITY OF OKEECHOBEE MAINTENANCE Location No. 1 Section: 91070, SR 70 Description: Within Corporate Limits of the City of Okeechobee From: Mile Post 8.569 To: Mile Post 10.345 Pay Item Activity Description Measure Units/Act Cyc es/Yr Cost/Unit Total Cost E104 4 4 484 Int Mow Acres 0.92 2 $ 47.21 $ 521.20 El 10 3 0 541 Litter Rem Acres 0.92 2 $ 6.67 $ 73.64 El 10 3 1 543 Swp Mech Miles 4.444 2 $ 60.00 $ 3,199.68 E110 32 1 545 Edge/Swp, Ede Mi 1.33 2 $ 294.49 $ 4,700.06 ation Total $ 8,494.58 Location No. 2 Section: 91020, US 441/SR 15 Description: Within Corporate Limits of the City of Okeechobee From: S.W. 23`6 Street Mile Post 1.626 To: Northern City Limit Mile Post 4.131 Pay Item Activity Description Measure Units/Act les/Yr Cost/Unit Total Cost E104 4 4 484 Int Mow Acres 3.3312 $ 47.21 $ 1886.51 E110 3 0 541 Litter Rem Acres 3.3312 r $ 6.67 $ 266.53 El103 1 543 S Mech Miles 9.05212 $ 60.00 $ 5,797.44 El 10 32 1 545 Edge/Swp Edge Mi 1.29 112 $294.49 $ 4,558.71 L ation Total $12,509.19 ATTACHMENT "B" SECTION ME102 MAINTENANCE OF TRAFFIC (REV. 10/29/03) The work specified in this Section will be governed by Section 102 Transportation Standard Specifications for Road and Bridge Construction a time of contract letting, except as amended by the following: Subarticle 102-11.15 (Page 114) is deleted and the 102-11.15 Changeable (Variable) Message Sign: The quantity changeable (variable) message signs certified as installed/used on the proj thereof within the contract time. Article 102-12 (Pages 115 and 116) is deleted. w the Florida Department of revisions thereto current at the substituted: be paid for will be the number of t on any calendar day or portion Subarticle 102-13.23 (Pages 118-121) is deleted and the following substituted: Payment will be made under the items specified in the Bid Price Article 102-13 (Pages 116-121) is expanded by the addition of the following new subarticles: 102-13.24 When No Separate Item is Shown in the Proposal: en the proposal does not include a separate pay item for Maintenance of Traffic, all work and inciden Lai costs specified as being covered under this Section will be included in the contract unit price for the ork being performed and no separate payment will be made. 102-13.25 Partial Payment: When the proposal includes a separa a pay item for Maintenance of Traffic - Lump Sum, partial payment will be based on the percentage of co act amount earned for work completed and accepted by the Department. SECTION ME104-40 ROADSIDE MOWING (REV. 07-31-01) ME104-40-1 Description. The work specified in this Section consists of the routine mowing o L7 grass or vegetation in roadside areas with conventional mowing equipment. The use of specialized equipment or hand labor may be 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. The Contractor shall furnish a complete proposal of his plan for accomplishing the required work, including a list of the equipment and personnel to be utilized, prior to execul 'on of the Contract. ME104-40-2 Types of Mowing Areas. The Engineer shall 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 shall be incidental to the type of mowing being performed. Appurtenances shall include but not be hinited to sign post and bases, delineator post, fences, guardrail, barrier walls, end walls, pipes, drainage structures, poles, guys, mail boxes, landscaped areas, and trees. ME10440-2.1 Large Machine Mowing: Large machine mowing mcompasses the routinely mowed areas of shoulders, front and back slopes that are 3 horizontal to 1 vertical or less, roadside ditch bottoms, large median islands and similar areas conducive to the use of larg machine mowing equipment. ME104-40-2.2 Slope Mowing: Slope mowing is generally limited to slopes greater or steeper than 3 horizontal to 1 vertical and are relatively inaccessible to the use of conveni ional style equipment, e.g., steep slopes, wet roadside ditch bottoms, canal banks, intersections, overpasses, e c. These type areas will require the use of specialized equipment designed for slope mowing. ME104-40-2.3 Intermediate Machine Mowing: Intermediate mazhine mowing shall consist of mowing areas not accessible by large machine mowing equipment but not cc nducive 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. 10 E • ME10440-2.4 Small Machine Mowing: Small machine mowing shall consist 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 molian islands, narrow width utility strips, and similar areas. ME104-40-3 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, mowing shall conform to the established mowing contours. The Contractor shall mow up to the Imna maintained by the Department and around existing appurtenances located within the roadway right-of-way as directed by the Engineer. The Engineer shall determine the type of mowing, the estimated nuinber 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. The Contractor shall complete each cutting cycle within n/a cal dar days of beginning the cycle, weather permitting. The approximate number of cycles for each type of mo ung shall be as follows: Large Machine Mowing n/a cycles ( n/a minintu n cycles) Slope Mowing n/a cycles ( n/a mininit in cycles) Intermediate Machine Mowing 12 cycles ( n/a minim cycles) Small Machine Mowing n/a cycles ( n/a minimu in cycles) Wildflower plots shall be mowed approximately n/a times Ix r year. Wildflower plots or naturally occurring wildflowers shall be avoided when in bloom and when r -seeding. No deduction will be made from the pay quantities for any one wildflower area not mowed, unles it exceeds 1 acre in extent. Quantities shall be agreed upon prior to beginning work in any ar in question. ME104-40-4 Equipment. All mowing equipment shall be equipped with a slow moving vehic a sign located on the rear of the tractor, amber flashing light or white strobe light mounted on the tractor an operating, 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 talled by the manufacturer. Safety devices shall be properly installed and maintained at all times the eqt 'pment is in use. If the Engineer determines that any equipment is deficient in safety levices, the Contractor shall remove the equipment from service immediately and the equipment shall rer lain out of service until the deficiency is corrected to the satisfaction of the Engineer. Inspection of the ontractor's equipment by the Engineer shall not relieve the Contractor of responsibility or liability for inji ry to persons or damage to property caused by the operation of the Contractor's equipment, nor will it r lieve the Contractor of the responsibility to meet the established time for the completion of the mowing cycle. Mowing equipment used by the Contractor shall be maintained so to produce a clean, sharp cut and uniform distribution of the cuttings at all times. The mowing equipmen used shall have the capability of cutting a height from 4 inches to 12 inches. The Contractor shall furnish equipment of a type and quantity to pe rfonn the work satisfactorily within the time specified herein. ME104-40-5 Method of Operation. The Contractor shall not begin any cutting cycle until authorized by the Engineer in writing. The Contractor shall notify the Engineer when a cycle is started and when work is interrupted for any reason. Prior to beginning work on the first cycle, the Engineer and Contra or shall agree upon a pattern or plan for mowing. Subsequent cycles shall follow the pattern adopted forthfirst cycle. 11 Mowing of shoulders and medians shall progress concurrently wi the limits of the area mowed so that not more than 1 mile will be left partially mowed at the conclusion of tt e working day. The cutting of grass and vegetation on slopes or around appurtenances using hand tools sh ill also progress concurrently with the mowing operation. Each cutting cycle is to be completed in its entirety prior to be ' g another cycle. When work by State forces, other Contractors, or weather conditior s of a temporary nature, prevent the Contractor from cutting any areas, and such conditions are eliminated di ring the period designated for that mowing cycle, the Engineer may require the Contractor to cut these areas part of the cycle without penalty for exceeding the time allowed or additional compensation. Grassed areas saturated with standing water to the point standard ir owing equipment may not be used without excessive damage to the turf, shall not be mowed. At the En ' eergs discretion, the areas shall be mowed during a subsequent cycle, or cut to the surface of the water usinE hand labor or other specialized equipment. The Contractor may request additional compensation for altem to methods used to cut wet areas (as specified in Subarticle 104-40-9). Quantities shall 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 1 acre in extent. Prior to mowing, the Contractor shall be responsible for the pickup removal and disposal from the right-of-way of 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. The Contractor shall exercise the necessary care to preclude any sot Tee of litter by the Contractor's operation. ME104-40-6 Limitation of Operation. Maintenance of traffic shall be in accordance with Section 102. WI ien mowing within 4 feet of the travel -way (travel lane), the equipment shall be operated in the same direction of the traffic, unless the adjacent lane is closed to traffic. All lane closures shall have the prior approval of the Engineer. Mowers may operate in either direction when mowing 4 feet or more from the travel- way. Any equipment left on the right-of-way overnight shall 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 shall be conducted between the travel -way and the right-of-way line and be outside the clear zone. No supply vehicles shall enter the mediar. for any purpose. No service vehicle shall enter the median except when necessary to repair or remove inc perable equipment. All work shall be performed during daylight hours. The foregoing requirements are to be considered as minimum and d ic Contractor's compliance shall in no way relieve the Contractor of final responsibility for providing adequal c traffic control devices for the protection of the public and employees throughout the work areas. ME104-40-7 Quality. Completed areas will be reviewed for quality and acceptance by the Engineer. Areas determined to be unsatisfactory, by the Engineer, shall be re -mowed at no additional cost to the Department. Areas requiring re -mowing shall be completed within the cutting cycle time specifi4A in Subarticle 104-40-3. All grass and vegetation shall be cut to a height of 6 inches +/-'/2 . h. When determined by the Engineer, certain areas, due to location, may be cut to a height of 4 inches + %a inch. No streaking or scalping shall be allowed in the areas mowed. Mom g areas of different widths shall be connected with smooth flowing transitions. No accumulation or piling of cuttings will be allowed as a result of cleaning of the equipment. The height of all grass and vegetation on slopes or around app ces when cut using hand tools shall be cut to the same height and quality as the surrounding mowed area. 12 • E Negligence by the Contractor that results in damage to turf, curbs, structures, mail boxes, appurtenances, etc. shall be repaired or replaced by of the Engineer at no additional cost to the Department. Repairs shall be cA the Contractorgs invoice for work accomplished during the cycle. The Contractor is not required to remove grass or other vegetation required to rake or pick up the cuttings. ME104-40-8 Method of Measurement. The quantities to be paid for under this Section shall be the Contractor and accepted by the Engineer. ME104-40-9 Basis of Payment. Additional compensation for hand labor or the use of specialized be included under Item No. E 104-4-2 (M 104-4-2) Slope Mowing. Payment shall be full compensation for furnishing all equipment, necessary to complete all mowing operations specified. The Contractor s] per acre times the actual acres completed and accepted. Payment will be made under the items specified in the Bid Price I 13 ,walks, pavement, signs or Contractor to the satisfaction Meted prior to submission of from the right-of-way, or acres completed by the in cutting wet areas shall ;erials, labor, and incidentals be compensated at the unit price SECTION ME110-30 ROADSIDE LITTER REMOVAL (REV. 07-31-01) ME110-30.1 Description. The work specified in this Section consists of the pickup, removal, 'sposal 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. ME110-30.2 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 shall be p cked 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. The Contractor shall be compensated for the appropriate designated acres. The Contractor shall complete each litter removal cycle within n/a calendar days of beginning the cycle, weather permitting, as determined by the Engineer. ME110-30.3 Equipment. Equipment that is utilized to transport litter shall be constructed in manner to preclude further distribution or loss of litter along the roadway. All open top carriers shall b covered and secured with tarpaulins. The Contractor may submit a written request for approval, to the Er gineer, for the use of specialized equipment designed for mechanized removal of litter and debris. The Engin = may require the Contractor to establish, at the Contractor's expense, satisfactory results that the specializo I equipment will produce quality litter removal. The Engineer may require additional safety devices or precautions unique to the equipment. Equipment that damages curbs, pavement, or turf shall not be allow . ME110-30.4 Limitation of Operation. Any equipment left on the right-of-way overnight shall 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 shall be conducted between the travel -way and the right-of-way line and be outside the clear zone. No supply vehicles shall enter the median for any purpose. No service vehicle shall enter the median except when necessary to repair or remove in rable equipment. No work shall be permitted during non -daylight hours. When performing litter pickup operations workmen shall wear orana clothing of high visibility such as a vest, shirt, or jacket. ME110-30.5 Disposal of Litter and Debris. All litter and debris that has been accumulated and picked up shall be placed in trash bags and shall be removed from the right-of-way at the end of each working day and disposW of at locations provided by the Contractor. Disposal of litter and debris shall be made in accordance with applicable local and state laws and any cost incurred for disposal shall be the responsibility of the Contractor. torage or stockpiling of litter or debris on the right-of-way shall not be permitted. 14 With each invoice submittal the Contractor shall provide the landfil# receipts where the Contractor disposed all litter or debris. ME110-30.6 Quality. Completed areas will be reviewed for quality and acceptance by the Engineer. Areas determined to be unsatisfactory, by the Engineer, shall be re -cleaned at no additional cost. Areas shall be cleaned in a manner that they are left reasonably free of all litter and debris. The Contractor shall not be penalized for litter and debris that may be deposited between the time the work was completed and the time when the work is approved by the Engineer. Howe r, the Engineer's judgment when evaluating completed work shall be final. ME110-30.7 Method of Measurement. The quantities to be paid for under this Section shall be the number of acres of roadside cleaned and accepted. ME110-30.8 Basis of Payment. Payment shall 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 shall be made under the items specified in the Bid Price PrDposal. SECTION ME110-31 ROAD AND BRIDGE SWEEPIN (REV. 07-31-01) ME110-31.1 Description. The work specified in this Section consists of routine mechanized clean and remove sand, soil, paper, glass, cans, and other debris. Areas to limited to; curb and gutters, valley gutters, bridge decks and curbs, inside ramps [with paved shoulders greater than 12 inches], outside and median 1 areas, toll plazas (when applicable), bi-directional lanes, and other designs ME110-31.2 Frequency of Sweeping. The total number of cycles for sweeping operations will depend ups areas to be swept. Areas specified for mechanized sweeping shall be swept The total number of sweeping cycles within the contract period may be inch by the Engineer to meet field conditions. Each sweeping cycle shall be completed and accepted within n/a the work document. Each sweeping cycle is to be completed in its entirety 1 cycle. In assessing liquidated damages, the calendar days established in thi; determining delinquency of progress for each sweeping cycle. No sweeping operations shall be performed between the hours of i in Charge) . The Contractor shall submit sweeping schedules to the Engineer fo ME110-31.3 Safety. 15 d and/or bridge sweeping to swept include but are not outside highway interchange A shoulders, barrier walls, gore sites. the severity of debris on the proximately 12 times. ,ed or decreased as determined _calendar days after issuance of for to the beginning of another Section shall be used for approval. i • Maintenance of traffic shall be in accordance with Section ME 102. machine) shall have an operating flashing beacon and the shadow vehicle A advance warning arrow panel, warning sign, and truck mounted attenuator ( All sweeping shall be accomplished with or in the same direction a opposing the traffic will not be permitted. The foregoing requirements are to be considered as minimum and t: in no way relieve the Contractor of final responsibility for providing adequa protection of the public and employees throughout the work areas. ME110-31.4 Equipment. The Contractor shall furnish equipment of a type and quantity to pe within the time specified. The sweeping equipment shall be capable of mee ME 110-31. 8 in l pass and a maximum of 2 passes for areas determined un, The mechanized road sweeper(s) shall have a minimum capacity of All safety devices on the sweeping operation equipment shall be ins representative prior to being placed into service. Any deficient safety deviG immediately and service shall not begin until the deficiency is corrected. Inspection and approval of the Contractor's equipment by the Engir Contractor of responsibility or liability for injury to persons or damage to pi operations. Equipment that damages pavement, curbs, or turf shall not be allom Contractor's operations shall be repaired by the Contractor at no cost to the The work vehicle (sweeping ill be equipped with an approved rash cushion system). the traffic. Sweeping against or Contractor's compliance shall traffic control devices for the orm the work satisfactorily g the quality requirements of .isfactory by the Engineer. cubic yards. xted by the Engineer or his shall be corrected or replaced shall not relieve the rty caused by the Contractor's Damages as a result of the ME110-31.5 Dust Control Equipment. The sweeping operation shall 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. ME110-31.6 Parked Vehicles. Vehicles that are parked in the sweeping area are to be swept vehicle will be considered as work accomplished. ME110-31.7 Removal and Disposal of Debris. The Contractor may encounter debris that is larger than the mechan tires, tire parts, hub caps, large stones, boxes, tree limbs, wood, cable, and c Contractor shall use other means (hand or mechanized) to successfully remc regardless of the size. The Contractor may encounter piles of soil and vegetation that may during the sweeping operations. The Contractor shall furnish all labor, mate accomplish removal of these built-up areas. Stockpiling or disposal of debris on the Department's right-of-way , Debris shall be disposed of by the Contractor in areas provided by 1 Federal, State, and local rules and regulations in effect at the time of the disl disposal of debris shall be included in the contract unit price per mile of mec The area occupied by a parked 3 sweeper can remove such as r such materials. The all debris encountered 'e special removal methods and equipment required to l not be permitted. and in accordance with all J. Cost involved with the uzed (mechanical) sweeping. ME110-31.8 Quality. The Contractor shall 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. 16 0 • The Contractor shall remove all items such as newspapers, magazines, larl ripped, or scattered by the sweeper and result in an objectionable appearanl Completed work shall be clean and free of all accumulated debris i determined by the Engineer. Areas determined unsatisfactory by the Engineer shall be re -swept within the time specified, at no additional cost to the Department. ME110-31.9 Method of Measurement. The quantities to be paid for under this Section shall be the number measured longitudinally to the travel lane to the nearest one hundredth of a r The width shall be sufficient to cover the entire width of curb and g and curbs, inside and outside highway interchange ramps (with paved shoul4 width), outside and median paved shoulders, barrier walls, gore areas, toll p: designated sites. Areas requiring more than one sweeping pass to sufficiently remove compensated twice. boxes, etc. that would be torn, after sweeping, as the satisfaction of the Engineer miles completed and accepted s, valley gutters, bridge decks greater than 12 inches in s (when applicable), and other the debris shall not be ME110-31.10 Basis of Payment. Payment shall be full compensation for furnishing all equipment, materials, labor, and incidentals necessary to complete all sweeping operations, including hand work, as specified. The Contractor shall be compensated at the unit price per mile times the actual miles completed and accepted. Payment shall be made under the items specified in the Bid Price Pr posal. SECTION ME110-32 EDGING AND SWEEPING (REV. 07-31-01) ME110-32.1 Description. The work specified in this Section consists of edging, sweeping, removal and disposal of vegetation from curb and gutter and sidewalk areas. Areas to be edged and swept shall be median island curbs, roadside curbs, the front and/or backside of sidewalks and gutters, bike paths, and other designated areas as designated by the Engineer. ME110-32.2 Frequency of Edging and Sweeping. The Engineer shall determine the total number of edging and sweep cycle. All areas designated are to be edged and swept approximately 12 complete each cycle within n/a calendar days from the beginning of the determined by the Engineer. Quantities shall be agreed upon prior to beginning work in any area ME110-32.3 Equipment. The edging and sweeping may be done with hand tools or by n shall provide positive means to control dust from edging and sweeping 17 ag cycles and when to begin each _ times. The Contractor shall cycle, weather permitting, as question. means. The Contractor Equipment safety devices to prevent flying debris or prevent injuries shall be properly installed and maintained at all times. Deficient equipment shall be removed from service until the deficiency is corrected to the satisfaction of the Engineer. Equipment shall be inspected by the Engineer before it is placed in service. Inspection of the Contractor's equipment by the Engineer shall not relieve tt e Contractor of responsibility or liability for injury to persons or damage to property caused by the operation of the equipment. Equipment that is utilized to remove or transport debris or litter shall be of a type that precludes distribution or loss of debris or litter along the roadway. Moving equipment shall be operated in the same direction as the f1c w of traffic. ME110-32.4 Method of Operation. Work shall not begin until authorized, in writing, by the Engineer. Unless the Engineer designates the priority of the work, the Contractor may develop a work pattern from the locations listed in the work document. Edging - The trench resulting from the actions of the cutting blade shall not exceed 1 inch in width from the edge of the surface being edged. Grass or weeds shall not be pushed into the trench. The blade of the edger must produce a clean sharp cut. Vegetation - Vegetation shall consist of grass, weeds, or low grow g bushes that extend beyond the normal grassed areas onto the curb, sidewalk, bike paths, or other designat areas. Vegetation extending into or growing over these areas shall be cut and removed. All low growing bushes, grass, or weeds, extending over the sidewalk, bike paths, or other designated areas shall be unliformly cut to the back edge of the sidewalk, bike path, or other designated area. Sweeping - Sidewalks, bike paths, and curbs shall be swept clean. All debris (grass, weeds, soil, litter, etc.) shall be swept from the curb and gutters, sidewalks, and bike paths to produce a clean appearance. In areas where the grass or weeds are growing (rooted) in the gutter or side alk (including joint areas), the soil in which the vegetation is growing shall also be removed along with the vegetation and be disposed of properly. Debris Disposal - Debris and/or litter produced by the edging or sweeping operation shall be removed from the job site daily. The stockpiling or storage of debris or litte on the right-of-way overnight will not be permitted. Disposal of all debris from the edging, sweeping, and vegetation trimming shall be in areas provided by the Contractor and in accordance with local, state, and f al laws. The cost of disposal of the debris, litter, and vegetation trimmings shall be included in the contract i nit price for edging and sweeping. In areas where access is blocked by parked vehicles or other obstructions, the Contractor shall return at a later time and complete the edging and sweeping operations. All edging, sweeping, and disposal activities shall be conducted during daylight hours only, unless otherwise specified in the contract documents or approved by the Engineer. The Engineer may approve nighttime operations upon request from the Contractor, at no additional compensation for nighttime traffic control. The Engineer may restrict the hours of operations based on peak tr is hours, local conditions, or special events. At the conclusion of each workday, all required edging, sw ing, and disposal of debris shall be completed within the limits worked. The quality and acceptance of work will be determined by the Engir eer. Areas that are determined to be unacceptable shall be re -edged and/or re -swept by the Contractor at no a itional cost to the Department. Negligence by the Contractor resulting in damage to curbs, sidewall s, pavement, or turf shall be repaired or replaced by the Contractor to the satisfaction of the Engineer at r o additional compensation. ME110-32.5 Method of Measurement. The quantities to be paid under this Section shall be measured in mi es (or part thereof) for total distance traveled when areas are edged and/or swept, completed and accepte . Areas that are maintained by W. businesses, groups, individuals, or areas where the grass and/or weeds fail t� grow sufficiently to justify performing this work, will be omitted as determined by the Engineer. ME110-32.6 Basis of Payment. The quantity, determined as provided above, shall be paid for at d edging and sweeping. Such prices and payment shall be full compensation Section and shall include all equipment, labor, materials, and incidentals n Payment shall be made under the items specified in the Bid Price l 19 contract unit price per mile for it all the work specified in this essary to complete the work. 2004 Unit Prices vs. Contract vs. MOA As used in Statewide Budget Request MOA: City of Okeechobee E1 D07 E1 D71 BD819 Activity Number Activity Description Unit of Measure Units Per Cycle Total Unit Price District MRP 80 Workload Cycles Total Yearly Cost Total Unit Price Contract E Cycles In Contract Total Yearly Cost Total Unit Price Existing MOA Cycles Total In Yearly Agreement Cost 03/04 Contract Engineered Cost Total Cycles Total Unit Workload Yearly Price Cycles Cost 471 Lg Mach Mow Acres $13.81 $100.71 $48.23 $79.76 $7.02 $420.36 $230.50 $40,29 5.25 3.26 4.23 4.25 10.12 2.23 0,09 6.15 $0.00 $0.00 $856.04 $0.00 $298.44 $0.00 $0.00 $3,517.38 $26.56 $4.75 $60.00 12.00 12.00 12.00 $0.00 $0.00 $1,338.62 $0.00 $239.40 $0.00 $0.00 $10,224.00 $63.60 $25.00 $84.80 12.00 12.00 12.00 $0.00 $0.00 $3,205.44 $0.00 $1,260.00 $0.00 $0.00 $14,449.92 $13.86 $98.86 $47.21 $79.04 $6.67 $437.78 $224.20 $40.87 12.00 12.00 12.00 $0.00 $0.00 $2,379.38 $0.00 $336.17 $0.00 $0.00 $6,964.25 482 Slope Mow Acres 4 Intermediate Mow Acres 4.2 Small Mach Mow Acres 41 Litter Removal Acres 4.2 487 Manual Weed Cnt Acres 542 Manual Sweep Curb Mi 543 Mach Sweep Curb Mi 14.2 545 Edge & sweep e Mi $0.00 $0.001 $0.00 $0.00 Total Yearly Cost ILL5,071.73 Total Yearly Cost $13,636.02 Total Yearly Cost $28,913.28 Total Yearly Cost 11$11,222.88 Quarterly Payment $7,225.32 E7 D07 E1 D71 BD819 Activity Number Activity Description Unit of Measure Units Per Cycle Total Unit Price District MRP 80 Workload Cycles Total Yearly Cost Total Unit Price Contract E Cycles In Contract Total Yearly Cost Total Unit Price New MCA Cycles In Agreement Total Yearly Cost 03/04 Contract Engineered Cost Total Cycles Total Unit Workload Yearly Price Cycles Cost 471 Lg Mach Mow Acres 1 $13.81 $100.71 $48.23 $79.76 $7.02 $420.36 $230.50 $40.29 $290.71 5.25 3.26 4.23 4.25 10.12 2.23 0.09 6.15 0.53 $0.00 $0.00 $866.23 $0.00 $301.99 $0.00 $0.00 $3,095.30 $399.87 $0.00 $26.56 $4.75 $60.00 $350.00 12.00 12.00 12.00 2.00 $0.00 $0.00 $1,354.56 $0.00 $242.25 $0.00 $0.00 $8,997.12 $1,834.00 $0.00 $47.21 $6.67 $60.00 $294.49 12.00 12.00 12.00 12.00 $0.00 $0.00 $2,407.71 $0.00 $340.17 $0.00 $0.00 $8,997.12 $9,258.77 $0.00 $13.86 $98.86 $47.21 $79.04 $6.67 $437.78 $224.20 $40.87 $294.48 12.00 12.00 12.00 2.00 $0.00 $0.00 $2,407.71 $0.00 $340.17 $0.00 $0.00 $6,128.54 $1,543.08 $0.00 482 Slope Mow Acres 1 484 Intermediate Mow Acres 4.25 485 Small Mach Mow Acres 1 Litter Removal Acres 4.25 7 IManual Weed Cnt Acres 542 Manual Sweep Curb Mi 543 Mech Sweep Curb Mi 12.496 545 Edge & Sweep Edge Mi 2.62 Total Yearly Cost $4,663.39 Total Yearly Cost $12,427.93 Total Yearly Cost $21,003.77 Total Yearly Cost $10,419.49 Quarterly Payment $5,250.94 Spreadsheet edited by Kathy Calder City of Okeechobee MOA Information Provided by Howard Summers 2004 RESOLUTION NO. is "Revised Exhibit 2" A RESOLUTION OF THE CITY OF OKEECHOBEE, FI THE EXECUTION AND ACCEPTANCE OF A MAINT (REGARDING MAINTENANCE OF TRAFFIC, ROADSIDE LITTER REMOVAL, ROAD AND BRIDG AND SWEEPING) WITH THE STATE OF FLORA TRANSPORTATION; PROVIDING FOR AN EFFECT ORIDA AUTHORIZING :NANCE AGREEMENT tOADSIDE MOWING, SWEEPING, EDGING iA DEPARTMENT OF VE DATE. WHEREAS, the City Council of the City of Okeechobee, Flo ida, is very concerned over the appearance of street right-of-ways, sidewalks, medianq islands, and interchange areas within the corporate limits of the City of Okeechobee; Pnd WHEREAS, the City Council of the City of Okeechobee, FI rida, after discussion with the State of Florida Department of Transportation, believ s that it can better perform the maintenance and landscaping of those areas; and WHEREAS, the State of Florida Department of Transportation has agreed to provide funds in the amount of twenty-one thousand, three dollars and seventy-seven cents ($21,003.77) per year for a period of three years; and may be renewed on a yearly basis for a period of up to two years; and WHEREAS, the City Council of the City of Okeechobee, Flor�keechobee. a, believes such an agreement to be in the best interest of the citizens of the City of NOW, THEREFORE, be it resolved before the City Coun it 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: 1. The Mayor is authorized to execute an a reement entitle "Maintenance Agreement" FM No: 414802-1-72-02. Between the City of Okeechobee, Florida, and the State of Florida Department of Transpoilation. Agreeing to maintenance of traffic, roadside mowing, roadside litter removal, road and bridge sweeping, edging and sweeping as set out in said agre ment, attached herewith, within medians islands, interchange areas and rig is -of -way, in exchange for the payment of twenty-one thousand, three do lars and seventy-seven cents ($21,003.77) annually. Payments shall be irn disbursed in quarterly payments of five thouse ninety-four cents ($5,250.94). This contract sl and may be renewed on a yearly basis for a p initial contract or for a period no longer than whichever period is longer. Diced by the City to FDOT, and ,id, two hundred fifty dollars and all be for the term of three years ;riod of up to two years after the he term of the original contract, Effective Date. This Resolution shall take effect on the 1st Oy of June, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney