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2018-10-16� 384 ``OKPf�y k O n•���' Jj 191 AGENDA CITY OF OKEECHOBEE OCTOBER 16, 2016, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor October 16, 2018, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES: Invocation given by Pastor Don Hanna, First United Methodist Church; Pledge of Allegiance to be led by Mayor Watford. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Wes Abney Council Member Noel A. Chandler Council Member Monica M. Clark Council Member Gary Ritter City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen IV. AGENDA AND PUBLIC COMMENTS -Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. 8. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. PAGE 1 OF 9 COUNCIL ACTION - DISCUSSION - VOTE Mayor Watford called the October 16, 2018, Regular City Council Meeting to order at 6:00 P.M. The invocation was offered by Pastor Hanna of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. Deputy Clerk Jenkins called the roll: Present Present Present Present Absent (with consent) Present Present Absent (with consent) Present Present Present Present Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. New Business Item IX.A was withdrawn. Mayor Watford opened the door for public comment on matters not on the agenda; there were none. OCTOBER 16, 2018 - REGULAR MEETING - PAGE 2 OF 9 385 AGENDA COUNCIL ACTION - DISCUSSION - VOTE V. PRESENTATIONS AND PROCLAMATIONS A. Proclaim the month of October, 2018 as "Natlonal Domestic; Violence Mayor Watford proclaimed the month of October, 2018 as "National Domestic Violence Awareness Month." The Awareness Month." proclamation was presented to Martha's House Executive Director Mr. Jonathan Bean. The document was read into the record as follows: "Whereas, the crime of domestic violence violates an individual's privacy and dignity, security and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse including abuse to children and the elderly; and Whereas, the problems of domestic violence are not confined to any group or groups of people, but cut across all economic, racial, and societal barriers, and are supported by societal indifferences; and Whereas, the impact of domestic violence is wide ranging, directly effecting individuals and society as a whole, here in this community, throughout the United States and the world; and Whereas, it is battered women themselves who have been in the forefront of efforts to bring peace and equality to the home. Now, Therefore, in recognition of the important work done by domestic violence programs, 1, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of October 2018 to be `NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH' and urge all citizens to actively participate in the scheduled activities and programs to work toward improving victim safety and holding perpetrators of domestic abuse accountable for their actions against individual victims and our society as a whole." VI. MINUTES - City Clerk A. Motion to approve the Summary of Council Action for the October 2, 2018, Regular Meeting. VII. WARRANT REGISTER City Administrator A. Motion to approve the September, 2018 Warrant Register: General Fund Capital Improvement Projects Fund .................... Public Facilities Improvement Fund .................... $507,889.59 $108,791.87 $ 23,489.22 Council Member Clark moved to dispense with the reading and approved the Summary of Council Action for the October 2, 2018, Regular Meeting; seconded by Council Member Chandler. There was no discussion on this item. WATFORD — YEA CLARK — YEA VOTE: ABNEY — YEA CHANDLER —YEA — RITTER — ABSENT MOTION CARRIED, Council Member Abney moved to approve the September, 2018 Warrant Register in the amounts: General Fund, five hundred seven thousand, eight hundred eighty-nine dollars and fifty-nine cents ($507,889.59); Capital Improvement Projects Fund, one hundred eight thousand, seven hundred ninety-one dollars and eighty-seven cents ($108,791.87); and Public Facilities Improvement Fund, twenty-three thousand, four hundred eighty-nine dollars and twenty-two cents ($23,489.22); seconded by Council Member Clark. There was no discussion on this item. WATFORD — YEA CLARK — YEA VOTE: ABNEY a YEA RITTER — ABSENT CHANDLER — YEA MOTION CARRIED. W OCTOBER 16, 2018 - REGULAR MEETING - PAGE 3 OF 9 AGENDA Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1175 by title only, regarding Land Covelopment Regulation Text Amendment Petition No. 18-002-TA, to approve certain amendments in Chapters 66 and 70 of the Code of Ordinances - City Attorney (Exhibit 1). b) Vote on motion to read proposed Ordinance No. 1175 by title only. c) City Attorney to read proposed Ordinance No. 1175 by title only 2.a) Motion to adopt proposed Ordinance No. 1175. b) Public discussion and comments. COUNCIL ACTION - DISCUSSION - VOTE MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M. Council Member Chandler moved to read proposed Ordinance No. 1175 by title only, regarding Land Development Regulation Text Amendment Petition No. 18-002-TA, to approve certain amendments in Chapters 66 and 70 of the Code of Ordinances; seconded by Council Member Clark. WATFORD e YEA CLARK — YEA VOTE: ABNEY e YEA RITTER — ABSENT CHANDLER —YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1175 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR AMENDMENTS TO PART 11 OF THE CODE OF ORDINANCES, SUS -PART S, LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN AMENDMENT TO CHAPTER 66-GENERAL PROVISIONS, SECTION 66-1 TO INCLUDE A DEFINITION FOR MAGISTRATE; PROVIDING FOR AN AMENDMENT TO CHAPTER 70-ADMINISTRATION, SECTION 70-191 TO PROVIDE FOR ESTABLISHMENT AND COMPOSITION OF A MAGISTRATE; AMENDING SECTION 70-192 TO PROVIDE FOR POWERS AND DUTIES OF A MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERASILITY; AND PROVIDING FOR AN EFFECTIVE DATE.' Motion and second by Council Members Clark and Abney to adopt proposed Ordinance No. 1175. Mayor Watford asked whether there were any questions or comments from the public; there were none. He explained Ordinance No. 1175 directly relates to Ordinance No. 1174, which was adopted October 2, 2018, abolished the Code Enforcement Board and established a Magistrate system. Attorney Cook explained the code enforcement process will temporarily be delayed until a Magistrate is hired. Attorney Cook and Administrator MontesDeOca were instructed to work on the Request for Qualification process, making it a priority, to hire a Magistrate. Ordinance No. 1175 proposes an amendment to Part II -Code of Ordinances, Subpart B-Land Development Regulations, Chapter 66-General Provisions, Section 66-1-Definitions, as follows: Magistrate means in the context of the City of Okeechobee, the magistrate is an appointed local official, and member of the Florida Bar, entrusted with the administration of codes and laws; he or she is the principal officer exercising governmental powers, or judicial functions in quasi-judicial proceedings before boards within the city; taking and receiving evidence, making findings of fact and conclusions of law, and issuing legally binding orders thereon. This definition shall apply in every section of City codes or ordinances that refer to Code Enforcement Board. OCTOBER 16, 2018 - REGULAR MEETING - PAGE 4 OF 9 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.2.b) Public discussion and comments for proposed Ordinance No. 1175 Chapter 70-Administration, Article II -City Council, Departments and Boards, Committees and Commission, Division continued. 8-Code Enforcement Board, Section 70-191-Estah_lishment and Composition is amended to read: There is hereby established a code enforcement board which shall consist of seven members and two alternates to be appointed by the city council. Members shall serve for overlapping terms of three years. Membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons. Pursuant to the authority of the City of Okeechobee set forth in Florida Statutes Chapter 162.03, the CitV enacts a system of enforcement of city codes, or such other duties as assigned by the City Council, and to retain a magistrate to hear, determine and issue orders on matters of code violations as may be filed by the code officer for the City of Okeechobee. The definition of magistrate shall apply in every section of City codes or ordinances that refer to Code Enforcement Board. Chapter 70-Administration, Article II -City Council, Departments and Boards, Committees and Commissions, Division 8-Code Enforcement Board, Section 70-192-Powers and Duties is amended to add the following: B. The position of magistrate shall be appointed by vote of the City Council after advertising for same. (1) The magistrate shall serve at the pleasure of the City Council and may be removed by the City Council at any time with or without cause. (2) The magistrate shall be a member of good standing with the Florida Bar, and be a resident of Okeechobee County_, Florida. (3) The compensation of the magistrate shall be set by resolution of the City Council. (4) Although the code board is a quasi-judicial board, pursuant to Florida Statute 286.0114, the CitV of Okeechobee requires that at the public code enforcement meetings, the magistrate allow reasonable comment by members of the public if so requested. (5) The magistrate shall hear and determine code violations issuing from the code enforcement officer, and promptly issue its findings of fact, and conclusions of law, at the public meeting wherein the code violation is heard. c) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA CHANDLER — YEA CLARK — YEA RITTER — ABSENT MOTION CARRIED. CLOSE PUBLIC HEARING - MAYOR MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:18 P.M. IX. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1173 by title only, and set This item was withdrawn from the agenda. November 27, 2018, as a Final Public Hearing date, amending the Firefighters' Pension Plan - City Attorney (Exhibit 2). b) Vote on motion to read proposed Ordinance No. 1173 by title only and This item was withdrawn from the agenda. set Final Public Hearing date. 387 •e OCTOBER 16, 2018 - REGULAR MEETING - PAGE 5 OF 9 AGENDA IX. NEW BUSINESS CONTINUED A.1.c) City Attorney to read proposed Ordinance No. 1173 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1173. b) Public discussion and comments. c) Vote on motion. B. Motion to adopt proposed Resolution No. 2018-06 in support of South Florida Water Management District's implementation of the Bluefield and Scott Dispersed Water Projects - City Attorney (Exhibit 3). COUNCIL ACTION - DISCUSSION - VOTE This item was withdrawn from the agenda. This item was withdrawn from the agenda. This item was withdrawn from the agenda, This item was withdrawn from the agenda. Council Member Clark moved to adopt proposed Resolution No. 2018-06 in support of South Florida Water Management District's implementation of the Bluefield and Scott Dispersed Water Projects; seconded by Council Member Abney. The title of proposed Resolution No. 2018-06 reads as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; EXPRESSING SUPPORT FOR THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO IMPLEMENT THE BLUEFIELD AND SCOTT DISPERSED WATER PROJECTS FOR THE BENEFIT OF THE ST. LUCIE ESTUARY AND INDIAN RIVER LAGOON; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member Abney questioned the third Whereas clause portion that reads "due to toxic algal bloom which is caused by the freshwater releases." His concern is this sentence appears as the City agrees that Lake Okeechobee is the cause for the algal bloom. He asked that the Resolution be amended removing the words "which is caused by the freshwater releases." Administrator MontesDeOca also made a recommendation for change, adding the word "feet" after acre in Section 1. Council Member Clark made a motion to amend proposed Resolution No. 2013-06 by removing the words "which is caused by the freshwater releases" and adding) the word "feet" (as explained above); seconded by Council Member Abney. VOTE ON MOTION TO AMEND: WATFORD —YEA ABNEY — YEA CHANDLER --YEA CLARK — YEA BITTER •-• ABSENT MOTION To AMEND CARRIED. VOTE ON MOTION AS AMENDED: WATFORD — YEA ABNEY — YEA CHANDLER --YEA CLARK — YEA BITTER — ABSENT MOTION !TARRIED AS AMENDED, OCTOBER 16, 2018 a REGULAR MEETING - PAGE 6 OF 9 AGENDA COUNCIL ACTION - DISCUSSION - VOTE X NEW BUSINESS CONTINUED C. Consider a Temporary Street Closing application submitted by First Council Member Abney moved to approve a Temporary Street Closing Application submitted by First Baptist Church Baptist Church of Okeechobee for a Fall Family Festival on October of Okeechobee to temporarily close a portion of Southwest 41h Street between Southwest 5th and 61h Avenues, from 31, 2018 from 3:00 P.M. to 9:00 P.M., closing Southwest 4th Street 3:00 to 9:00 P.M. on October 31, 2018, for a Fall Family Festival; seconded by Council Member Chandler. There between Southwest 5th and Southwest 6th Avenues and any part of was a brief discussion on this item. Southwest 5th Avenue as the Police Department deems necessary for safety - City Administrator (Exhibit 4). VOTE: WATFORD -YEA ABNEY - YEA CHANDLER -YEA CLARK - YEA RITTER - ABSENT MOTION CARRIED. ®. Motion to approve the sale of City Lots 19 and 20, Okeechobee Council Member Chandler moved to approve the sale of City Lots 19 and 20, OKEECHOBEE COMMERCE Commerce Center, to Karl Davis and/or Assignees - City Administrator CENTER, to Karl Davis and/or Assignees in the amount of $120,000,00; seconded by Council Member Clark. (Exhibit 511. Administrator MontesDeOca clarified the lots being purchased are 17, 17A, and 17B and total 3.497 acres. Mr. Davis originally contracted to purchase Lots 13 and 14, but due to the location of well points, the Contract was cancelled by both parties. The Administrator also recommended adding a clause to the Contract giving five years to develop the property noting the City also retains the right of first refusal should Mr. Davis wish to resale the lots. Ms. Jody Carter of Lake 0 Real Estate was present on behalf of Mr. Davis and explained KD Construction of Florida, the company owned by Mr. Davis, will be constructing a facility to manufacture metal beams on site. Mayor Watford voiced his concerns over the Deed being assignable and recommended a clause be added to the Contract stating the City must approve the assignment. Council Member Abney asked whether an appraisal had been performed on the subject lots; Administrator MontesDeOca verified that one had been completed. Council Member made a motion to amend the Contract to reflect the correct lots being sold 'CIS 17, 17A, and 17B [all of Lot 17, CITY COMMERCE CENTER, Plat Book 7, Pages 10 through 14, PuMic Records of Okeechobee County], to add a five year development clause, and to add a clause for assignment consent from the City; seconded by Council Member Abney. VOTE ON MOTION TO AMEND: WATFORD - YEA ABNEY - YEA CHANDLER -YEA CLARK-YEA RITTER - ABSENT MOTION To AMEND "C>ARRIED. VOTE ON AMENDED MOTION: WATFORD -- YEA ABNEY -YEA CHANDLER •- YEA CLARK - YEA RITTER -- ABSENT MOTION CARRIED A!, .'AMENDED. 390 OCTOBER 16. 2018 - REGULAR MEETING - PAGE 7 OF 9 AGENDA IX. NEW BUSINESS CONTINUED E. Motion to approve a sole source contract with Global Mapping for the annual updates to City maps - City Clerk (Ex'�albit 6). F. Motion to award the purchase of a new Hustler Super Z Mower in the amount of $10,694.03 to Gilbert Outdoors - Public Works Director (Exhibit 7). G. Motion to award the purchase of eleven new 2019 Dodge Charger Police Package Squad Cars at a unit cost of $21,839.00, along with eleven spot lights at a unit cost of $149.00, to Auto Nation Chrysler Dodge Jeep Ram, Pembroke Pines, Florida under the Florida Sheriff's Association purchasing process - Chief Peterson (Exhibit 8). COUNCIL ACTION - DISCUSSION - VOTE Motion and second by Council Members Clark and Abney to waive the formal bidding procedures (for a sole source purchase) and award the City's annual mapping services contract to Global Mapping in the amount of $8,800,00. As set out in the Code of Ordinances Section 2-288 for sole source purchasing, written justification from the City Clerk to the City Administrator was provided within Exhibit 6, explaining Global Mapping remains the consultant for certain mapping services provided to the Okeechobee County Property Appraiser's Office, By using the same firm, the costs to the City are reduced to update the Zoning, Future Land Use, and Subdivision Maps, as well as it maintains operational standards, and serves as the best working relationship with the County office. The amount is the same as last Fiscal Year. VOTE: WATFORD - YEA ABNEY - YEA CHANDLER -YEA CLARK- YEA RITTER-ABSENT MOTION CARRIED. Motion and second by Council Members Clark and Chandler to approve the purchase of a new Hustler Super Z [HYPERDRIVE Vanguard 36 inch] Mower in the amount of $10,694.03 to Gilbert Outdoors. Explained in a memorandum in Exhibit 8, this purchase replaces an eight year old Bad Boy Mower. Quotes were also obtained from East Coast Mower Sales and Services $11,498.96, and Mat Miller Tractors $12,999.00. The mower is a Fiscal Year (FY) 2018-19 Public Facilities Improvement Fund Budgeted item at $15,500.00. WATFORD - YEA CLARK - YEA _ VOTE: ABNEY- YEA RITTER - ABSENT CHANDLER -YEA MOTION CARRIED. Council Member Chandler moved to award the purchase of eleven 2019 Dodge Charger Police Package Squad Cars to Auto Nation Chrysler Dodge Jeep Ram, Pembroke Pines, Florida at a unit cost of $21,839,00, along with eleven spot lights at a unit cost of $149.00, under the Florida Sheriff's Association purchasing process; seconded by Council Member Clark. Chief Peterson explained this is the annual vehicle program, but are only purchasing eleven vehicles this year due to the purchase of a Harley Davidson motorcycle for the traffic unit. VOTE WATFORD ,- YEA ABNEY - YEA CHANDLER --YEA CLARK - YEA RITTER- ABSENT MOTION CARRIED. OCTOBER 16, 2018 - REGULAR MEETING - RAGE 8 OF 9 391 AGENDA IX. NEW BUSINESS CONTINUED H. Motion to award the purchase of a new 2019 Harley Davidson FLHP Motorcycle in the amounf of $21,727.24 to Treasure Coast Harley Davidson - Chief Peterson (Exhibit 9). Motion to approve the purchase of a Stalker Mobile Roadside Radar with Trailer, Tow Harness, and Spare Tire in the amount of $24,458,00 - Chief Peterson (Exhibit 10). COUNCIL ACTION - DISCUSSION - VOTE Council Member Abney moved to award the purchase of a new 2019 Harley Davidson FLHP Motorcycle in the amount of $21,727,24 to Treasure. Coast Harley Davidson [of Stuart, Florida]; seconded by Council Member Clark. _ Chief Peterson explained to offset the cost of this purchase he opted to retain an Administration vehicle one additional year. The intention of this purchase is to enhance the services the Department provides without additional burden to the taxpayers. Sheriff Stephen has agreed to allow the motorcycle to be stored at the same facility the County stores their motorcycles. Major Hagan obtained two additional bids: Bruce Rossmeyer's Harley Davidson of Ormond Beach $22,070.00 (Florida Sheriff's Association State Contract), and Alligator Alley Harley Davidson of Fort Lauderdale $23,143.66. VOTE: WATFORD — YEA ABNEY—YEA CHANDLER —YEA CLARK — YEA RITTER — ABSENT MOTION CARRIED. Motion and second by Council Members Abney and Clark (to waive the formal bidding procedures for a sole source purchase and) approve the purchase of two Stalker Mobile Roadside Radars with Trailer, Tow Harness, and Spare Tire in the amount of $24,458.00 to Applied Concepts, Inc. There was a brief discussion on this item, noting the approval to move forward with this purchase was made at the October 2, 2018, meeting. WATFORD — YEA CLARK — YEA VOTE: ABNEY — YEA RITTER — ABSENT — -- -._ — CHANDLER —YEA MOTION CARRIED. Motion to approve an Extension of Lease Agreement with the Chamber Motion and second by Council Members Chandler and Clark to approve an Extension of Lease Agreement with the of Commerce of Okeechobee County - City Attorney (Exhibit 11). Chamber of Commerce of Okeechobee County. Attorney Cook explained the current lease with the Chamber of Commerce of Okeechobee County, Florida expired on March 31, 2017. The renewal of the lease upon 60 days notice did not occur due to oversight. The City is offering an extension of 60 months commencing on October 1, 2018, and expiring on September 30, 2023. He added language to the extension detailing the City's maintenance responsibility versus what the Chamber is to maintain, WATFORD — YEA CLARK — YEA VOTE: ABNEY — YEA RITTER — ABSEM"i CHANDLER —YEA MOTION CARRIED. 392 OCTOBER 16, 2018 - REGULAR MEETING - PAGE 9 OF 9 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED K. Consider a re -appointment as Liaison to the Chamber of Commerce of Okeechobee County - City Administrator L. Consider an appointment to the City Council for November 20, 2018 through January 7, 2019 - City Clerk (Exhibit 12). X. ADJOURNMENT - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATT ST: LSIX V 1(Xi2�jmiz�la-1 Lane Gamicftea, CMC, City Clerk s� y, ' owling R. atford, Jr., Mayor Administrator MontesDeOca explained the duties previously explained of the Liaison are no.longer required. The Chamber has requested the duties of the Liaison only be that of discussing issues with the building. With the Public Works Department being responsible for this, the Administrator recommended appointing the Public Works Director to hold this position, adding this would fall under "other duties as assigned" in the position's job description. Council Member Clark had no objections to the change, as she is currently the City's Liaison to this Board. Mayor Watford appointed the position of Public Works Director to represent the City as Liaison to the Chamber of Commerce of Okeechobee Countv Board. Council Member Chandler was required to resign his seat effective November 20, 2108, to run for the position of Okeechobee County Commissioner. The effective date reflects the date the Oath of Office will be administered to the newly elected Commissioners. Although Council Member Chandler did not win the resign -to -run law required his resignation, leaving a vacant seat on the Council until January 7, 2019. The City Clerk was instructed to advertise the vacant position, accepting applications until September 26, 2018; the only application received was from Council Member Chandler. Council Member Clark moved to appoint Noel A. Chandler to the Citv Council for the period of November 20, 2018, through January 7, 2019; seconded by Council Member Abney. Council Member Chandler noted for the record he has a conflict of interest and will be abstaining from voting on this matter. VOTE: WATFORD — YEA ABNEY — YEA CHANDLER — ABSTAINED° CLARK — YEA RITTER — ABSENT MOTION CARRIED. Mr. Chandler will take his Oath of Office at a date and time to be determined prior to November 20, 2018. There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 7:03 P.M. The next regular scheduled meeting is November 27, 2018. *Form 8B Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers was filed by Council Member Chandler on October 16, 2018, in the Office of the City Clerk and made a part of the official record filed in the permanent Minute File for this meeting. ,NDEPENDENT MEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, .Florida, that the attached copy of advertisement being a 1 in the matter of N"aL' t�. kW J in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of iC113-11z( Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this day of C _ztt !� f- �..:; AD Notary Public, Stat of Florida at Large •�.�:::�'•. ANGIE BRIDGES ?� = W COMMISSION 4 FF 976149 EXPIRES: April 20,2020 ��' %W:,F: g,•• Bonded Thru Notary Public llndetwriters Lake Okeechobee News 107 SW 17th Street, Suite. D-�. Okeechobee, Florida 3, 9' "4. 863-763-3134;' Ate. Ak.. Pus m NonCE CITYMOCILMEMM NOTICEISHEREBYGIVENthatthe cor.rafbriheQyof0keednbee w® ax dud a regubr meAtg on TY�es, bct 6, 2018, 6 PM, or as soon thaaader as pamible, at Oly FIA 55 SE 3rd Aye, the Rm 200, amMbw, FL. The pubs[ f; irmted and armura9ed m attend. The aq� from atyafdaa obeemm ar a/ dre It oT CrA x, 663-7Q3372 e�R 9812. ANY PERSON Dt3O�ING To APPEAL arty r,lon made by the av Cana Z reINPM ary matkr oxsdaad atihs memg wdl need tD err s re a vabat m remd of the pn�rgaLsmade and the record 6,,ds the aombnce Mraior�s w1h D�®bki�a Ad (AQ41 cry pawK ��n�wsi a as dalned by the ALMA, that needs spe®I aomrmndaum to pYhopate In tW pomed�x3,wnta heIXvOal' Olfrnro�ihanbwbusk cd3ppw Oo Mrx>eadixJ. 8ta'3.76i.332 e� 9814. 8E ADVISED that shouts you kr0ad to show arty dooumart, video oorrprS W the Caud in syport or oppavUon m cry barn on the ac da, a Oak of the Oty n video, or den MUST be pwided m the City CITY OF OKEECHOBEE 55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 OCTOBER 16, 2018 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER — Mayor: October 16, 2018, City Council Regular Meeting, 6:00 p.m, II. OPENING CEREMONIES: Invocation given by Pastor Don Hanna, First United Methodist Church; Pledge of Allegiance led by Mayor III. COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Wes Abney Council Member Noel Chandler Council Member Monica Clark Council Member Gary Ritter Administrator Marcos Montes De Oca Attorney John R. Cook Clerk Lane Gamiotea Deputy Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen IV. AGENDA AND PUBLIC COMMENTS — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda — Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. October 16, 2018 PAGE 2 of 4 V. PRESENTATIONS AND PROCLAMATIONS — Mayor A. Proclaim the month of October 2018 as "National Domestic Violence Awareness Month." VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the October 2, 2018 Regular Meeting. VII. WARRANT REGISTER — City Administrator A. Motion to approve the September 2018 Warrant Register. General Fund $507,889.59 Capital Improvement Projects Fund $108,791.87 Public Facilities Improvement Fund $ 23,489.22 Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor A.1.a) Motion to read proposed Ordinance No. 1175 by title only regarding Land Development Regulation Text Amendment Petition No. 18-002-TA to approve certain amendments in Chapters 66 and 70 of the Code of Ordinances — City Attorney (Exhibit 1). b) Vote on motion to read proposed Ordinance No. 1175 by title only. c) City Attorney to read proposed Ordinance No. 1175 by title only. 2.a) Motion to adopt proposed Ordinance No. 1175. b) Public discussion and comments, c) Vote on motion. CLOSE PUBLIC HEARING IX. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1173 by title only and set November 27, 2018 as a final public hearing date, amending the Firefighters' Pension Plan — City Attorney (Exhibit 2). V(1�-h�l SIN) b) Vote on motion to read proposed Ordinance No. 1173 by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1173 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1173. b) Public discussion and comments. c) Vote on motion. B. Motion to adopt proposed Resolution No. 2018-06 in support of South Florida Water Management District's implementation of the Bluefield and Scott Dispersed Water Projects — City Attorney (Exhibit 3). C. Consider a Temporary Street Closing application submitted by First Baptist Church of Okeechobee for a Fall Family Festival on October 31, 2018 from 3:00 p.m. to 9:00 p.m., closing SW 4th Street between SW 5th and SW 6th Avenues and any part of SW 5th Avenue as the Police Department deems necessary for safety — City Administrator (Exhibit 4). *11 k1k ��,a D. Motion to approve the sale of City Lots 1�'and Okeechobee Commerce Center, to Karl Davis and/or Assignees —City Administrator (Exhibit 5). E) E. Motion to approve a sole source contract with Global Mapping for the annual updates to City maps — City Clerk (Exhibit 6). F. Motion to award the purchase of a new Hustler Super Z Mower in the amount of $10,694.03 to Gilbert Outdoors — Public Works Director (Exhibit 7). G. Motion to award the purchase of eleven new 2019 Dodge Charger Police Package Squad Cars at a unit cost of $21,839.00, along with eleven spot lights at a unit cost of $149.00, to Auto Nation Chrysler Dodge Jeep Ram, Pembroke Pines, Florida under the Florida Sheriff's Association purchasing process - Chief Peterson (Exhibit 8). October 16, 2018 PAGE 3 of 4 tbrOxk h Rob►i1 October 16, 2018 PAGE 4 of 4 IX. NEW BUSINESS CONTINUED H. Motion to award the purchase of a new 2019 Harley Davidson FLHP Motorcycle in the amount of $21,727.24 to Treasure Coast Harley Davidson — Chief Peterson (Exhibit 9). \ I� .14' L ' -Ali A--r�rmal b�1"" elf I. Motion to approve the purchase of a Stalker Mobile Roadside Radar with Trailer, Tow Harness, and Spare Tire in the amount of $24,458.00 — Chief `11 Peterson (Exhibit 10). J. Motion to approve an Extension of Lease Agreement with the Chamber of Commerce of Okeechobee County — City Attorney (Exhibit 11). K. Consider a re -appointment as Liaison to the Chamber of Commerce of Okeechobee County — City Administrator L. Consider an appointment to the City Council for November 20, 2018 through January 7, 2019 — City Clerk (Exhibit 12). X. ADJOURN MEETING — Mayor PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. Ottice of tOe Ma IIC46e F WHEREAS, the crime of domestic violence violates an individual's privacy and dignity, security and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse including abuse to children and the elderly; and WHEREAS, the problems of domestic violence are not confined to any group or groups of people, but cut across all economic, racial, and societal barriers, and are supported by societal indifferences; and WHEREAS, the impact of domestic violence is wide ranging, directly effecting individuals and society as a whole, here in this community, throughout the United States and the world; and WHEREAS, it is battered women themselves who have been in the forefront of efforts to bring peace and equality to the home. NOW THEREFORE, in recognition of the important work done by domestic violence programs, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of' the City of Okeechobee, Florida, do hereby proclaim the month of October 2018 to be "National Domestic Violence Awareness Month" and urge all citizens to actively participate in the scheduled activities and programs to work toward improving victim safety and holding perpetrators of domestic abuse accountable for their actions against individual victims and our society as a whole. IN WITNESS WHEREOF, on October 16, 2018, 1 have set my hand and caused this seal to be affixed CMC, City Clerk J I Exhibit 1 Oct 16, 2018 ORDINANCE NO.1175 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUB -PART B, LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN AMENDMENT TO CHAPTER 66-GENERAL PROVISIONS, SECTION 66.1 TO INCLUDE A DEFINITION FOR MAGISTRATE; PROVIDING FOR AN AMENDMENT TO CHAPTER 70- ADMINISTRATION, SECTION 70.191 TO PROVIDE FOR ESTABLISHMENT AND COMPOSITION OF A MAGISTRATE; AMENDING SECTION 70.192 TO PROVIDE FOR POWERS AND DUTIES OF A MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as amended, known as the Land Development Regulations; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances and land development regulations, to make amendments to meet changing community standards; and to create new ordinance or regulation to better serve the public; and WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed these proposed Amendments, Text Amendment Application No. 18-002- TA, at a duly advertised public hearing held on September 20, 2018, and based on findings of fact by the planning staff, hereby recommends approval to certain changes, amendments or modifications of the code of ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, Florida Statute Chapter 162 permits municipalities to elect its method of code enforcement within the City, via an appointed five or seven member board, or by appointing a magistrate to carry out the duties of an appointed board; and WHEREAS, the City of Okeechobee, through observation of the magistrate system used by Okeechobee County, and other municipalities, believes that a magistrate system is more expeditious in the processing of code violations, and as the magistrate must be a member of the Florida Bar, who is trained in the interpretation of statutes and codes, he or she would ensure the legal standards set out by Florida Statute Chapter 162 are met; and WHEREAS, it is in the best interests of the City of Okeechobee and its residents for code enforcement purposes to enact the magistrate system for prompt processing of code violations and issuance of legally sustainable rulings; NOW, THEREFORE, be it ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: Amendment and Adoption to Section 66-1. The City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances, Subpart B-Land Development Regulations, Chapter 66-General Provisions, by adding a definition for magistrate in Section 66-1, as follows: Magistrate means in the context of the City of Okeechobee, the magistrate is an appointed local official, and member of the Florida Bar, entrusted with the administration of codes and laws; he or she is the principal officer exercisinq -governmental powers, or iudicial functions in quasi-iudicial proceedings before boards within the city: taking and receiving evidence, making findings of fact and conclusions of law, and issuing legally binding orders thereon. This definition shall apply in every section of City codes or ordinances that refer to Code Enforcement Board. Language to be added is underrined. Language to be deleted 15 ate. Ordinance No.1175 - Page 1 of 3 SECTION 2: Amendment and Adoption to Section 70.191. That the City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances, Subpart B-Land Development Regulations, Chapter 70-Administration, Article II -City Council, Departments and Boards, Committees and Commissions, Division 8-Code Enforcement Board, by amending the establishment and composition in Section 70-191, as follows: business person, and lay peFSOF16. Pursuant to the authority of the City of Okeechobee set forth in Florida Statutes Chapter 162.03, the City enacts a system of enforcement of city codes, or such other duties as assigned by the City Council, and to retain a magistrate to hear, determine and issue orders on matters of code violations as may be filed by the code officer for the City of Okeechobee. The definition of magistrate shall apply in every section of City codes or ordinances that refer to Code Enforcement Board. SECTION 3: Amendment and Adoption to Section 70.192. That the City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances, Subpart B-Land Development Regulations, Chapter 70-Administration, Article II -City Council, Departments and Boards, Committees and Commissions, Division 8-Code Enforcement Board, by amending the powers and duties in Section 70-192, as follows: A. The code enforcement board shall have the following powers and duties: (1) Enforce the land development. To enforce and regulate the subdivision of lands; to regulate the use of land and water for those land use categories included in the land use element in the comprehensive plan to ensure their compatibility of adjacent uses and provide for open space; to provide for protection of potable water well fields; to regulate areas subject to seasonal and periodic flooding and stormwater management; to ensure the protection of environmentally sensitive lands designed in the comprehensive plan; to regulate signage; to prove that public facilities and services meet or exceed the standards set in the capital improvement element of the comprehensive plan, and are available when needed for development, or that development orders or permits are conditioned on the availability of these public services; to ensure safe and convenience on -site traffic flow and parking and to enforce or regulate such other provisions as are mandated by the land development regulation. (2) Hearing. To subpoena alleged violators and witnesses to the board's hearings, and to subpoena evidence and take testimony under oath. To review such evidence and testimony, and to decide whether or not a violation of these regulations has occurred. (3) Enforce compliance. To issue orders having the force of law commanding whatever steps are necessary to bring a violation of these regulations under compliance. The city attorney shall be legal counsel to the board. B. The position of magistrate shall be appointed by vote of the City Council after advertising for same. (1) The magistrate shall serve at the pleasure of the City Council and may be removed by the City Council at any time with or without cause. (2) The magistrate shall be a member of good standing with the Florida Bar, and be a resident of Okeechobee County, Florida. (3) The compensation of the magistrate shall be set by resolution of the City Council. (4) Although the code board is a quasi-iudicial board, pursuant to Florida Statute 286.0114, the City of Okeechobee requires that at the public code enforcement meetings, the magistrate allow reasonable comment by members of the public if so requested. (5) The magistrate shall hear and determine code violations issuing from the code enforcement officer, and promptly issue its findings of fact, and conclusions of law, at the public meeting wherein the code violation is heard. Ordinance No.1175 - Page 2 of 3 Language to be added Is n to c er it Language to be deleted is SIFMGk UGUgh. SECTION 4: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 5: Severability. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. SECTION 6: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First reading and set for Final Public Hearing on this 2nd day of October, 2018. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 16d, day of October, 2018. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1175 - Page 3 of 3 Language to be added is underlined Language to be deleted Is SIR& Lreagh. {� Lake Okeechoberkews E r, 147 SW I7th Sir ' Suite fiy . j U E PIS N 1�3 E If T Okeechobe �� ornda 3497' f t 863-1 -31M' NEWTINSM&DIA INC. USA STATE OF FLORIDA N l/hf COUNTY OF OKEECHOBEE a �. 1�p1201 Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of ad- ertisement-being-a PUS. C P6.4tuv in the matter of ad LP�`2W )q al 11lKzd. vytCV in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ibl05 Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid -nor promised any person; firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. .Katrina Elsken Sworn to apd subscribed before me this J day of �-fd o'Z_0 AD Notary Public, State of Florida at Lakge s �q;°►"•' .+ ANGIE BRIDGES WCDfaMWION # FF976t49 a= EXPIRES:Apr020,2m BQf � PidW Fubk Ufklefwrl m PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE IS HEREBY GIVEN that the CiptoyssCoc�ugndl of the Clly of SE 6.0, PM eechol FL to ton�sidek final @led tt City aon d pUon of the following Ordinance into taw: No. 317S: AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA* PROVIDING FOR AMENDMENTS TO PART II OF rfHE CODE OF ORDINANCES, SUB -PART B, LAND DEVELOPMENT REGULATIONS; PRO- VIDING FOR AN AMENDMENT TO CHAPTER 66 GENERAL PROVISIONS; SECTION 66-1 TO INCLUDE A DEFINITION FOR MAGISTRATE; PROVIDING FOR AN AMENDMENT TO CHAPTER 70-ADMINISTRATION SECTION 70.191 70 PROVIDE FOR ESTABLISHMENT dND COMPOSITION OF A MAGISTRATE; AMENDING SECTION 70-192 TO PROVIDE FOR POWERS AND DUTIES OF A MAGISTRATE• PROVSD- INGFORCONFLICT;PROVIDINGFORSEVERABfLITY;AND PROVIDING FOR AN EFFECTIVE DATE. Inn said tiea�rhoigth heeuplropaoreedenordiinarxedztomaatyi I= and ; entirety by members of the public at the Otflce of the Oty Clerk i during normal business hours, .Mon -Fri, 8:00 AM-4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the Coundl with respect to arty matter oonsldered at this meeting wit need to ensure a verbatim remrd of the proceeding is made and the record includes the testimony and evidence upon which the appea1 will be based. In accordance with the Americans with DtsahiiitiesAct (ADA), any person with a dLsapag as defined by the =AApDAA, that needs al aaomnwdaIla [o pa 1pate In this pro- Ing, contact a City Clerk's Office no Later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you Intend to show any document, pk- ture, video or Items to the Council In support or oDp►ogtlon to any ttem on the agenda; a copy of the document, pldure, video, or Item MUST t: provided to the City Clerk for the Clty's records. Bgyy•C(1�tyy Clerk Lane Gamiotea, CIVIC92160 ON 10/05/2018 Exhibit 2 Oct 16, 2018 ORDINANCE NO. 1173 Vvifhdrawn AN ORDINANCE OF THE CITY OF OKEECHOBEE FURTHER AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE 889, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee Firefighter employees are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee; and WHEREAS, it becomes necessary from time to time to amend said ordinances in order to clarify or restate certain provisions of the ordinance, or to enact amendments to comply with revised Federal regulations; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Fund, adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further amended by amending Section 1, Definitions, to amend the definition of "Salary", to read as follows: Salary means the basic compensation paid by the City to a Member, including up to three hundred (300) hours of non-scheduled overtime beginning with the fiscal year ending September 30. 2017, plus all tax deferred, tax sheltered and tax-exempt items of income derived from elective employee payroll deductions or salary reductions otherwise includible in basic compensation. Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code as of the first day of the Plan Year shall be disregarded for any purpose, including employee contributions or any benefit calculations. The annual compensation of each member taken into account in determining benefits or employee contributions for any Plan Year beginning on or after January 1, 2002, may not exceed $200,000, as adjusted for cost -of -living increases in accordance with Code Section 401 (a)(1 7)(B). Compensation means compensation during the fiscal year. The cost -of -living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. If the determination period consists of fewer than 12 months, the annual compensation limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is 12. If the compensation for any prior determination period is taken into account in determining a Member's contributions or benefits for the current Plan Year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior period. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a Member before the first Plan Year beginning after December 31, 1995. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. Ordinance No.1173 - Page 1 of 2 Language to be added Is dedlned. Language to be deleted Is strosl�Ipreugh. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this ordinance shall become effective upon adoption. INTRODUCED for First reading and set for Final Public Hearing on this 16th day of October, 2018. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 27th day of November, 2018 Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1173 - Page 2 of 2 Lxvubp to be added Is W*imd Language to be deleted Is Ov&AWOLO. :kGIRRetirement S Consulting September 11, 2018 P: 954.527.1616 1 F: 954.525,0083 1 www.grsconsulting.com Board of Trustees, City of Okeechobee Firefighters Retirement System c/o Mr. Scott Baur The Resource Centers, LLC 4360 Northlake Blvd., Suite 206 Palm Beach Gardens, FL 33410 Re: City of Okeechobee Firefighters' Retirement System Actuarial Impact Statement as of October 1, 2017 Dear Trustees: As requested, we have prepared the enclosed Actuarial Impact Statement (AIS) to measure the impact of the proposed amendment to the City of Okeechobee Firefighters' Retirement System. The proposed ordinance (copy attached) would amend the definition of Salary (i.e., pensionable earnings) to include up to 300 hours of annual non-scheduled overtime in pensionable earnings beginning with the fiscal year ending September 30, 2017. The Actuarial Impact Statement will need to be sent to the Division of Retirement prior to second reading of the ordinance. Present Provision: The Plan does not include overtime in pensionable earnings. Proposed Provision: Pensionable earnings include up to 300 hours of annual non-scheduled overtime beginning with the fiscal year ending September 30, 2017. For purposes of this Impact Statement, we used pensionable earnings including up to 300 hours of annual non-scheduled overtime for fiscal year ending September 30, 2017provided by the Plan Administrator to estimate future pensionable earnings. Summary of Findings The proposed change would affect the cost of the Retirement System as follows: ➢ It is our understanding that benefits for current inactive or retired members would not be affected by the proposed change. ➢ Assuming the total amount of State Revenue is the same as the $50,589 amount for fiscal year ending 2017, the Required City Contribution for the first year (i.e., fiscal year ending September 30, 2019) would increase from $88,554 (17.72% of covered payroll) to $135,053 (23.24% of payroll). > The Actuarial Accrued Liability (based on the Entry Age Normal funding method) would increase by $241,305. ➢ The funded ratio (Actuarial Value of Assets divided by Actuarial Accrued Liability) would decrease by 6.58% (from 106.12% to 99.54%). Board of Trustees, City of Okeechobee Firefighters' Retirement System September 11, 2018 Page 2 Other Cost Considerations ➢ The increase in the Required City Contribution is for the first year only, and assumes all of the actuarial assumptions are met. Future increases in the Required City Contribution may be higher if there are changes in assumptions, methods, or demographics. ➢ The figures above are based on the assumption that the total amount of State Revenue for fiscal year ending September 30, 2019 remains the same as the $50,589 amount received for fiscal year ending September 30, 2017. If the actual State Revenue falls below this amount, the City may need to increase its contribution by the difference. ➢ The City has a $30,216 prepaid contribution as of October 1, 2017 which can be used to offset the required contribution for fiscal year ending September 30, 2018 and/or fiscal year ending September 30, 2019 Actuarial Disclosures This report was prepared at the request of the Board and is intended for use by the Retirement System and those designated or approved by the Board. This report may be provided to parties other than the System only in its entirety and only with the permission of the Board. This report is intended to describe the financial effect of the proposed plan change. No statement in this report is intended to be interpreted as a recommendation in favor of the change, or in opposition to the change. This report should not be relied on for any purpose other than the purpose described above. Determinations of financial results associated with benefits described in this report for purposes other than described herein may be significantly different. GRS is not responsible for unauthorized use of this report. The actuarial assumptions and methods, financial data, and participant census data utilized in the calculations are the same as used in the Actuarial Valuation as of October 1, 2017 as presented in our Report dated March 22, 2018 and our Supplemental Actuarial Valuation Report (SAVR) dated July 19, 2018. We reviewed this information for year-to-year consistency, but did not audit the data. The date of the valuation was October 1, 2017. This means that the results of this Actuarial Impact Statement indicate what the October 1, 2017 valuation would have shown if the proposed benefit change had been in effect on that date. This report does not predict the result of future actuarial valuations. Rather, the results in this report give an indication of the cost of the benefit change only without comment on the complete end result of future valuations. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of this report prior to relying on information in this report. Retirement Consulting Board of Trustees, City of Okeechobee Firefighters' Retirement System September 11, 2018 Page 3 Melissa Moskovitz and Nicolas Lahaye are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, the Actuarial Standards of Practice issued by the Actuarial Standards Board, and with applicable statutes. This Actuarial Impact Statement and/or cost determination was prepared and completed by us or under our direct supervision, and we acknowledge responsibility for the results. To the best of our knowledge, the results are complete and accurate. In our opinion, the techniques and assumptions used are reasonable, meet the requirements and intent of Part VII, Chapter 112, Florida Statutes, and are based on generally accepted actuarial principles and practices. There is no benefit or expense to be provided by the plan and/or paid from the plan's assets for which liabilities or current costs have not been established or otherwise taken into account in the valuation. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the valuation. If there are any questions, or if we can be of further assistance, please contact us. Respectfully submitted, Gabriel, Roeder, Smith & Company :mp C� . Melissa R. Moskovitz, EA, MAAA Consultant & Actuary �{GRS Retirement Consulting Nicolas Lahaye, FSA, EA, MAAA Consultant & Actuary City of Okeechobee Firefighters' Retirement System Actuarial Impact Statement — September 11, 2018 Description of Amendment Currently, the Plan does not include annual non-scheduled overtime in pensionable earnings. The proposed amendment would allow up to 300 hours of annual non-scheduled overtime to be included in pensionable earnings, beginning with the fiscal year ending September 30, 2017. For purposes of this Report, we used pensionable earnings including up to 300 hours of annual non-scheduled overtime for fiscal year ending September 30, 2017 provided by the Plan Administrator to estimate future pensionable earnings. Funding Implications of Amendment An actuarial cost estimate is attached. ➢ Assuming the total amount of State Revenue is the same as the $50,589 amount for fiscal year ending 2017, the Required City Contribution for the first year (i.e., fiscal year ending September 30, 2019) would increase from $88,554 (17.72% of covered payroll) to $135,053 (23.24% of payroll). ➢ The Actuarial Accrued Liability (based on the Entry Age Normal funding method) would increase by $241,305. ➢ The funded ratio (Actuarial Value of Assets divided by Actuarial Accrued Liability) would decrease by 6.58% (from 106.12% to 99.54%). Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida For the Board of Trustees as Plan Administrator CGRC Retirement J Consulting City of Okeechobee Firefighters' Retirement System Actuarial Impact Statement as of October 1, 2017 Plan ACTUARIAL IMPACT STATEMENT City of Okeechobee Firefighters' Retirement System Valuation Date October 1, 2017 Date of Report September 11, 2018 Report Requested by Board of Trustees Prepared by Melissa R. Moskovitz, EA, MAAA, Consultant & Actuary Nicolas Lahaye, FSA, EA, MAAA, Consultant & Actuary Group Valued All active and inactive members. Plan Provisions Affected Definition of Salary (i.e., pensionable earnings) Benefit Provision Before Amendment: The Plan does not include annual non-scheduled overtime in pensionable earnings. Benefit Provision After Amendment: The proposed ordinance would amend the definition of Salary (i.e., pensionable earnings) to include up to 300 hours of annual non-scheduled overtime beginning with fiscal year ending September 30, 2017. For purposes of this Report, we used pensionable earnings including up to 300 hours of annual non-scheduled overtime for fiscal year ending September 30, 2017 provided by the Plan Administrator to estimate future pensionable earnings. Actuarial Assumptions and Methods Assumptions and methods are the same as the most recent Actuarial Valuation Report as of October 1, 2017, dated March 22, 2018 and our Supplemental Actuarial Valuation Report (SAVR) dated July 19, 2018. Some of the key assumptions/methods from the most recent Actuarial Valuation and SAVR are: Investment Return — 7.0% per year Salary increase — 7.0% per year Cost Method — Aggregate LGRRSConsuftingetirement City of Okeechobee Firefighters' Retirement System Actuarial Impact Statement as of October 1, 2017 Amortization Period for Any Change in Actuarial Accrued Liability N/A Summary of Data Used in Report See attached pages; same as data used for the October 1, 2017 Actuarial Valuation Report dated March 22, 2018, and the SAVR dated July 19, 2018. Actuarial Impact of Proposal(s) See attached pages. Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to Previously None Other Cost Considerations ➢ The increase in the Required City Contribution is for the first year only, and assumes all of the actuarial assumptions are met. Future increases in the Required City Contribution may be higher if there are changes in assumptions, methods, or demographics. ➢ The results in this Report are based on the assumption that the total amount of State Revenue for fiscal year ending September 30, 2019 remains the same as the $S0,589 amount received for fiscal year ending September 30, 2017. If the actual State Revenue falls below this amount, the City may need to increase its contribution by the difference. ➢ The City has a $30,216 prepaid contribution as of October 1, 2017 which can be used to offset the required contribution for fiscal year ending September 30, 2018 and/or fiscal year ending September 30, 2019. CG R S Retirement City of Okeechobee Firefighters' Retirement System Consulting Actuarial Impact Statement as of October 1, 2017 COMPARATIVE SUMMARY OF VALUATION RESULTS AS OF OCTOBER 1, 2017 increase/ (Decrease) After Proposed from Covered Group Change Valuation Valuation A. Number of Participants Active Members 11 11 0 Retirees, Disabilities, Beneficiaries and Vested Terminations 6 6 0 Total Covered Annual Payroll $ 581,230 $ 499,626 $ 81,604 Long Range Cost B. Actuarial Present Value (APV) of Projected Benefits $ 5,512,181 $ 5,043,514 $ 468,667 C. Valuation Assets 3,874,118 3,874,118 0 D. APV of Prospective Contributions: (B) - (C) 1,638,063 1,169,396 468,667 Current Cost E. Total Normal Cost (for current year) For Benefits 159,344 113,750 45,594 For Administrative Expense 34,933 34,933 0 Total Normal Cost 194,277 148,683 45,594 Increase with Salary Scale 11,154 7,963 3,191 Increase with Interest 2,445 2,445 0 Total 207,876 159,091 48,785 F. Fiscal Year End to which Contributions Apply 2019 2019 G. Total Required Contributions if paid quarterly during the fiscal year in (F) 216,738 165,873 50,865 As % of Payroll 37.29% 33.20% 4.09% H. Expected Member Contributions in fiscal year (F) 31,096 26,730 4,366 As % of Payroll 5.35% 5.35% 0.00% I. Total Required City and State Contributions if paid quarterly during the fiscal year in (F) 185,642 139,143 46,499 As % of Payroll 31.94% 27.85% 4.09% J. Expected State Premium Tax Refund' 50,589 50,589 0 As % of Payroll 8.70% 10.13% (1.43)% K. Remaining Required from City 135,053 88,554 46,499 As % of Payroll 23.24% 17.72% 5.52% 'Reflects actual State money received in August 2017 and October 2017 as an estimate of the amount which will be received for fiscal year ending September 30, 2019. �� c Retirement City of Okeechobee Firefighters' Retirement System J Consulting Actuarial Impact Statement as of October 1, 2017 DERIVATION OF NORMAL COST AS OF OCTOBER 1, 2017 A. Actuarial Present Value (APV) of Projected Benefits 1. Active Members Service Retirement Benefits Vesting Benefits Disability Benefits Preretirement Death Benefits Return of Contributions Total 2. Inactive Members Service Retirees Disability Retirees Beneficiaries Receiving Benefits Terminated Vested Members Tota 1 3. Grand Total B. Valuation Assets C. APV of Projected Normal Costs 1. APV of Projected Member Contributions 2. APV of Projected Employer Normal Costs 3. APV of Projected Normal Costs: (A)-(B) D. APV of Projected Covered Payroll E. Normal Cost Rate: (0) / (D) F. Annual Payroll of Active Members G. Normal Cost for Benefits: (E) x (F) H. Normal Cost for Administrative Expense I. Total Normal Cost: (G) + (H) Increase / (Decrease) After Proposed from Change Valuation Valuation $ 3,365,461 $ 2,937,292 $ 428,169 183,129 158,904 24,225 101,288 87,706 13,582 13,979 12,116 1,863 10,886 10,058 828 3,674,743 3,206,076 468,667 1,420,899 1,420,899 0 0 0 0 323,147 323,147 0 93,392 93,392 0 1,837,438 1,837,438 0 5,512,181 5,043,514 468,667 3,874,118 1 3,874,118 1 0 298,751 1,339,312 256,816 912,580 1,169,396 41,935 426,732 668,667 1,638,063 5,975,012 5,136,315 838,697 27.415% 22.767% 4.648% 5811230 499,626 81,604 159,344 113,750 45,594 34,933 34,933 0 194,277 1481683 45,594 CG R c Retirement City of Okeechobee Firefighters' Retirement System 5 J Consulting Actuarial Impact Statement as of October 1, 2017 STATISTICAL DATA AS OF OCTOBER 1, 2017 Increase / (Decrease) After Proposed from Change Valuation Valuation Active Partipants Number 11 11 0 Total Annual Earnings $ 543,206 $ 466,940 $ 76,266 Average Annual Earnings 49,382 42,449 6,933 Averages Current Age 38.2 38.2 0 Age at Employment 27.4 27.4 0 Past Service 10.8 10.8 0 Service at Age 55 27.6 27.6 0 DROP Number 1 1 0 Total Annual Pension $ 50,187 50,187 0 Average Monthly Benefit 4,182 4,182 0 Average Current Age 54.2 54.2 0 Retirees and Beneficiaries Number 4 4 0 Total Annual Pension $ 107,105 $ 107,105 $ 0 Average Monthly Benefit 2,231 2,231 0 Average Age, Retirees Only 66.0 66.0 0 Disability Retirees Number 0 0 0 Terminated Members with Vested Benefits Number 1 1 0 Total Annual Pensions $ 8,318 $ 8,318 $ 0 Average Monthly Benefit 693 693 0 Average Current Age 53.4 53.4 0 Retirement City of Okeechobee Firefighters' Retirement System CGRSConsulting Actuarial Impact Statement as of October 1, 2017 Law Offices Christiansen & Dehner, P.A. 63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 e 941,377,2200 • Fax 941-377-4848 August 17, 2018 Ms. Kyle Tintle City of Okeechobee Municipal Firefighters' Pension Fund Pension Resource Center 4360 Northlake Blvd. Palm Beach Gardens, Florida 33410 Re: City of Okeechobee Municipal Firefighters' Pension Fund Dear Kyle: 4; 4 As directed by the Board of Trustees, please find enclosed a proposed ordinance amending the City of Okeechobee Municipal Firefighters' Pension Fund. This ordinance is amended by amending the definition of "Salary" to include up to 300 hundred hours of non-scheduled overtime. This document should be copied and distributed to each member of the Board for review and discussion at the next board meeting By copy of this letter we are requesting that the plan's actuary, Gabriel, Roeder, Smith & Company, prepare and forward to you the appropriate actuarial analysis. If you have any questions or comments, please do not hesitate to contact this office. Yours very truly, H. Lee Delmer HLD/ksh enclosure cc: Melissa Moskovitz, with enclosure RECEIV DI AUG 232018 BY. �V/-, ORDINANCE NO. AN ORDINANCE OF THE CITY OF OKEECHOBEE FURTHER AMENDING THE CiTY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE 889, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee Firefighter employees are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee; and WHEREAS, it becomes necessary from time to time to amend said ordinances In order to clarify or restate certain provisions of the ordinance, or to enact amendments to comply with revised Federal regulations; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Fund, adopted pursuant to Ordinance No. 889, as subsequently amended, Is hereby further amended by amending Section 1, Definitions, to amend the definition of "Salary", to read as follows: means the basic compensation paid by the City to a Member, fiscal year ending September 30.2017. plus all tax deferred, tax sheltered and tax exempt Items of income derived from elective employee payroll deductions or salary reductions otherwise Includible In basic compensation. Compensation In excess of the limitations set forth in Section 401(ax17) of the Code as of the first day of the Plan Year shall be disregarded for any purpose, including employee contributions or any benefit calculations. The annual compensation of each member taken into account in determining benefits or employee contributions for any Plan Year beginning on or after January 1, 2002, may not exceed $200,000, as adjusted for cost -of -living increases in accordance with Code Section 401(ax17XB). Compensation means compensation during the fiscal year. The cost -of -living adjustment In effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. If the determination period consists of fewer than 12 months, the annual compensation limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which Is the number of months in the short determination period, and the denominator of which Is 12. If the compensation for any prior determination period is taken Into account in determining a Member's contributions or benefits for the current Plan Year, the compensation for such prior determination period Is subject to the applicable annual compensation limit In effect for that prior period. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken Into account hereunder as in effect on July 1, 1993. "Eligible employee" Is an individual who was a Member before the first Plan Year beginning after December 31, 1995. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. 00'E11rED LI AUG 2 3 201$ .1 SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION : If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon adoption. Introduced on. first reading and set for public hearing this _ day of , 2018. Dowling Watford, Mayor ATTEST: Lane Gamlotea, City Clerk Passed on second reading after public hearing this _ day of ,2018. ATTEST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY. John R. Cook, City Attorney WoWr&W 7-18.wd Dowling Watford, Mayor 2 Exhibit 3 Oct 16, 2018 RESOLUTION NO. 2018-06 ,,4mended4f1nah119" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; EXPRESSING SUPPORT FOR THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO IMPLEMENT THE BLUEFIELD AND SCOTT DISPERSED WATER PROJECTS FOR THE BENEFIT OF THE ST. LUCIE ESTUARY AND INDIAN RIVER LAGOON; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the St. Lucie Estuary and Indian River Lagoon are suffering from excessive freshwater releases from both Lake Okeechobee, the regional flood control canals C-23, C-24 and C-25 and the urban coastal basins; and WHEREAS, over 50 percent of these releases come from the local basin via the regional flood control canals; and WHEREAS, the Governor has declared a State of Emergency in July of this year for the counties of St. Lucie and Martin due to the toxic algal bloom which is caused by the freshwater releases; and WHEREAS, in 2016, the General Appropriations Act, Chapter 2016-66, Laws of Florida was amended pursuant to House Bill No. 5001 to appropriate monies to fund projects in the Northern Everglades and Estuaries Protection Program (NEEPP). Specifically, Line 1590A stated that "...No less than $47,838,034.00 of the funds provided in Specific Appropriation 1590A shall be used to implement the Northern Everglades and Estuaries Protection Program, as set forth in Section 373.4595, Florida Statutes, through public -private partnerships as provided in Section 373.4591, Florida Statutes; and WHEREAS, Florida Department of Environmental Protection identified six dispersed water projects to be the recipient of this appropriation, and the Bluefield and Scott Dispersed Water Projects are among those six projects and are the only projects that store water from the local basins. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: The Bluefield and Scott Water Projects combined could, at a minimum, keep over 70,000 acres of water (approximately 23 billion gallons) originating in these flood control canals from entering the St. Lucie Estuary and Indian River Lagoon annually. The Bluefield and Scott Water Projects can both be in operation by the start of the next rainy season. SECTION 2: Therefore, for the health of the St. Lucie Estuary, Indian River lagoon and citizens we support the Bluefield and Scott Dispersed Water Projects and strongly encourage the South Florida Water Management District to implement these Projects as expeditiously as possible. SECTION 3: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. RESOLUTION No. 2018-06 PAGE 1 OF 2 SECTION 4: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 5: Effective Date. This Resolution shall take effect immediately upon its adoption. INTRODUCED AND ADOPTED in Regular Session this 16th day of October, 2018. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor RESOLUTION No. 2018-06 PAGE 2 OF 2 -r ,l Exhibit 4 Oct 16, 2018 Pagel of 3 Revised 3-21-17 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 -Tele: 863-763-9821 Tax: - 863-763-1686 - - - - -- PARK USE AND/OR TEMPORARY STREET/ SIDEWALK CLOSING PERMIT APPLICATION Date Received: le- 4j-1 8 1 Date Issued: - - - -1 Application No: 19 • /)Q Date(s) & Times of Event: Information: Organization: First Baptist Church of Okeechobee Mailing Address:401 SW 4th Street, Okeechobee, FL 34974 Contact Name: Melanie Rooks, Director of Recreation and Childrens Ministry E-Mail Address: melanieOlfbcokee.orfa I Work: I467-7625 (ROCK) I Home: I I Cell: I772-633-9777 1 Summary of activities II Familv Festival outside activi es such as booths 't a es sic bounce housetinflatable slides/similar infialab e Will have candy and other types ofgoodies/refreshments. Parking will be at the ROC, the main church campus and the Mission House. Festival will be held on the recereation fields located south of the ROC and west of the main campus. The festival is to provide an alternative to going door-to-door trick or treating,focusing on children in grades 5 and younger. See attached map indicating the portion of 4th Street requesting to be closed, the recreation field, the ROC and the parking areas. -There 's vower at the fields for the inflatables and e o aprovided, a ed at the ROC. We are requesting barricades for 4th Street, as well as City Police Officers to assist with pedestrian traffic across SW 5th Avenue/ rroceeos usage; There Is no chaEge to aftend or to participate In any of the activities. FBC is a non-profit oEganization. Please check requested Parks: Flagler Parks: - City Hall Park ❑ 91 Memorial Park ❑ #2 ❑ #3 ❑ A ❑ #5 ❑ #6 [Park 3 is location of Gazebo. Park 4 is location of Bandstand] (If other private property used in conjunction with this Park Use Permit please provide the address and parcel number below along with notarized letter of authorization from property owner) Additional Addresses, if applicable 310 SW 5th Avenue, Okeechobee, FL 34974 & block south of this address Parcel ID: ROC: 3-15-37-35-0010-01800-0010 02; rEC flELD:--1880-0040,-01880-0010 -01880-0070 &-61880-0110 h. Page 2 of 3 Revised 1114116 TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION (Street Closings require City Council approval. Meetings I" & 3r' Tuesdays but subject to change) Address of Event: Open field South of 310 SW 5th Avenue, Okeechobee, FL 34974 -Street(s) to -be-closed:-SW 4th St between-Sth-&6th-Avenues and any part of 5th Ave as -Police Dept deems -necessary for safety Dates to be closed: Wednesday, October 31, 2018 Times to be closed: Approximately 3:00pm to 9:00pm Purpose of Closing: Pedestrian crossing from the ROC (parking and rest rooms) to the recreation field a ....:...,a CA TT.. of 'Pnv1rc Atrarhmpntc Rpnuired for Street/Sidewalk Closings ALbll \.�lll Gll4J lac Y�■ a.0 xva vuv v. +...a ..., ► Site Plan .—__..—__________ _.__ _.-__ ► Site Plan See attached ► Copy of liability insurance in the amount of ► Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee as $1,000,000.00 with the City of Okeechobee and R.E. See attached additional insured. Hamrick Testamentary Trust as Additional Insured. ►Proof of non-profit status (IRS Determination ► Original signatures of all residents, property owners and Letter) business owners affected by the closing. N/A ► State Food Service License if > 3 da s. ► State Food Service License if > 3 days. N/A ► Notarized letter of authorization from ► State Alcoholic Beverage License, if applicable." property owner, if applicable.* N/A * Required if private property used in conjunction with a Park use application. ** Alcoholic beverages can be served only on private property. Alcoholic beverages NOT ALLOWED in City Parks, City streets or City sidewalks. See additional note below. ❑ Please check if items will be sold on City streets/sidewalks. Each business will need to apply for a Temporaiv Use Permit 667 along with the Street Closing application. Note: ► Clean-up is required within 24 hours. ► No alcoholic beverages permitted on City property, streets or sidewalks. ► No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). ► The Department of Public Works will be responsible for delivering the appropriate barricades. ► Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the City and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the City harmless for any accident, injury, claim or demand whatever arises out of applicant's use of location for such event, and shall indemnify and defend the City for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual costs incurred by the City pertaining to the event including, but not limited to, Police, Fire, Public Works or other departmental expenses. The City reserves the right to require from an applicant a cashier's check or advance deposit in the sum approximated by the City to be incurred in providing City services. Any such sum not incurred shall be refunded to the applicant of this Park Use/Street Closing Permit. t' i Page 3 of 3 Revised 11/4/16 I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03-8 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulations, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance. Certificate of Insurance must name City of Okeechobee as Additional Insured as well as R.E. Hamrick Testamentary Trust if closing streets or sidewalks. ` ` M'LJjawu.*_ %2�% Qc-,1:fJL e- 2- z 01 Applicant Signature Date •"'OFFICF�JSE ONLY"" Staff Review of / / Fire Department: Date: afaerzple Building Official: Date: 10 A Public Works: Date: 0 Police Department: Date: /4 `S /e? BTR Department: `�(.�' U l�� Date: /0 ' `t 41? City Administrator: Date: City Clerk:_ r Date: D. _ 1 NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Id /i t< / Date Temporary Street and Sidewalk Closing reviewed by City Council and approved Date ,rt4'^ to ec s Commercial Contract Exhibit 5 Oct 16, 2018 Real Estate 1 1. PARTIES AND PROPERTY: Karl Davis and or Assignees ("Buyer") 2 agrees to buy and City of Okeechobee ("Seller") 3 agrees to sell the property at: 4 Street Address: TBD NE 12th St, Okeechobee, FI 34972 6 Legal Description: Parcel Identification Numbers:3-15-37-35-0020-00000-0170 & 3-15-37-35-0020-00000-017A 7 & 3-15-37-35-0020-00000-017B Long- Lengthy- See Recorded Deed 8 and the following Personal Property: 10 (all collectively referred to as the "Property") on the terms and conditions set forth below. 11 2. PURCHASE PRICE: $120,000.00 12 (a) Deposit held in escrow by: Buyers Attorney- Frank- Weinberg - Black $ 5,000.00 13 ("Escrow Agent") (checks are subject to actual and final collection) 14 Escrow Agent's address: (561) 989-0700 Phone: 1s (b) Additional deposit to be made to Escrow Agent 16 ❑x within 3 days (3 days, if left blank) after completion of Due Diligence Period or 17 ❑ within days after Effective Date $ 25,000.00 18 (c) Additional deposit to be made to Escrow Agent 19 ❑ within days (3 days, if left blank) after completion of Due Diligence Period or 20 ❑ within days after Effective Date $ 21 (d) Total financing (see Paragraph 5) $ 22 (e) Other $ 23 (f) All deposits will be credited to the purchase price at closing. 24 Balance to close, subject to adjustments and prorations, to be paid 25 via wire transfer. $ 90.000.00 26 For the purposes of this paragraph, "completion" means the end of the Due Diligence Period or upon delivery of 27 Buyer's written notice of acceptability. 28 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; COMPUTATION OF TIME: Unless this offer is signed by Seller 29 and Buyer and an executed copy delivered to all parties on or before October 22, 2018 , this offer 30 will be withdrawn and the Buyer's deposit, if any, will be returned. The time for acceptance of any counter offer will be 31 3 days from the date the counter offer is delivered. The "Effective Date" of this Contract is the date on which the 32 last one of the Seller and Buyer has signed or initialed and delivered this offer or the final counter offer or 33 . Calendar days will be used when computing time periods, except time periods of 5 34 days or less. Time periods of 5 days or less will be computed without Including Saturday, Sunday, or national legal 35 holidays. Any time period ending on a Saturday, Sunday, or national legal holiday will extend until 5:00 p.m. of the next 36 business day. Time Is of the essence in this Contract. 37 4. CLOSING DATE AND LOCATION: 38 (a) Closing Date: This transaction will be closed on or Before January 29, 2019 (Closing Date), unless 39 specifically extended by other provisions of this Contract. The Closing Date will prevail over all other time periods 40 including, but not limited to, Financing and Due Diligence periods. In the event Insurance underwriting is suspended �� , And getting any approvals that are needed. �j� Buyer u and Seller acknowledge receipt of a copy of this page, which is Page 1 of 8 Pages. 9/17/2018 6:00 Ann EDT CC-5 Rev 9/17 SedaIN: 056706-000153-7120397 C2017 Florida Realtors` Elec"arduly Signed uv"g e5iy"Onrwm" t Sass= m: aendme-7oa446549scS4W$?fcoa871 41 on Closing Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after 42 the insurance underwriting suspension is lifted. 43 (b) Location: Closing will take place in Okeechobee County, Florida. (If left blank, closing will take place in the 44 county where the property is located.) Closing may be conducted by mail or electronic means. 45 5. THIRD PARTY FINANCING: 46 BUYER'S OBLIGATION: On or before days (5 days if left blank) after Effective Date, Buyer will apply for third 47 party financing in an amount not to exceed % of the purchase price or $ , with a fixed 48 interest rate not to exceed % per year with an initial variable interest rate not to exceed %, with points or 49 commitment or loan fees not to exceed % of the principal amount, for a term of years, and amortized 50 over years, with additional terms as follows: 51 52 Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any 53 lender. Buyer will use good faith and reasonable diligence to (i) obtain Loan Approval within days (45 days if left 54 blank) from Effective Date (Loan Approval Date), (ii) satisfy terms and conditions of the Loan Approval, and (iii) close 55 the loan. Buyer will keep Seller and Broker fully informed about loan application status and authorizes the mortgage 56 broker and lender to disclose all such information to Seller and Broker. Buyer will notify Seller immediately upon 57 obtaining financing or being rejected by a lender. CANCELLATION: If Buyer, after using good faith and reasonable 58 diligence, fails to obtain Loan Approval by Loan Approval Date, Buyer may within days (3 days if left blank) 59 deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract. 60 If Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time thereafter. 61 Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by closing, of 62 those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes of Paragraph 5 only): If Buyer 63 has used good faith and reasonable diligence but does not obtain Loan Approval by Loan Approval Date and 64 thereafter either party elects to cancel this Contract as set forth above or the lender fails or refuses to close on or 65 before the Closing Date without fault on Buyer's part, the Deposit(s) shall be returned to Buyer, whereupon both 66 parties will be released from all further obligations under this Contract, except for obligations stated herein as surviving 67 the termination of this Contract. If neither party elects to terminate this Contract as set forth above or Buyer fails to use 68 good faith or reasonable diligence as set forth above, Seller will be entitled to retain the Deposit(s) if the transaction 69 does not close. For purposes of this Contract, "Loan Approval" means a statement by the lender setting forth the terms 7o and conditions upon which the lender is willing to make a particular mortgage loan to a particular buyer. Neither a pre- 71 approval letter nor a prequalification letter shall be deemed a Loan Approval for purposes of this Contract. 72 6. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by 9statutory warranty 73 deed ❑ special warranty deed other , free of liens, easements and 74 encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 75 restrictions and public utility easements of record; existing zoning and governmental regulations; and (list any other 76 matters to which title will be subject) 77 78 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the 79 Property as 80 (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agent 81 and pay for the title search and closing services. Seller will, at (check one) ❑x Seller's ❑ Buyer's expense and 82 within 10 days after Effective Date or at least days before Closing Date deliver to Buyer (check one) 83 ❑x (1) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be discharged by 84 Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase 85 price for fee simple title subject only to exceptions stated above. If Buyer is paying for the evidence of title and 86 Seller has an owner's policy, Seller will deliver a copy to Buyer within 15 days after Effective Date. ❑ (ii.) an 87 abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 88 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed 89 insurer as a base for reissuance of coverage may be used. The prior policy will include copies of all policy 90 exceptions and an update in a format acceptable to Buyer from the policy effective date and certified to Buyer or Buyer ( and Seller ( acknowledge receipt of a copy of this page, which is Page 2 of 8 Pages. CC-5 Rev 9117 serW#: 054706-000153a120397 02017 Florida Reallorse EWUoniulN Signed us" isSignOnkiem ( Session ID: e8ftd1s&70a44654•95c54E007(cftM7l i 9/17/2018 6:00 AM EDT Until expiration of Inspection period �% 91 Buyer's closing agent together with copies of all documents recited in the prior policy and in the update. If such 92 an abstract or prior policy is not available to Seller then (i.) above will be the evidence of title. 93 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller 94 of title defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) 95 Buyer delivers proper written notice and Seller cures the defects within 30 days from receipt of the notice 96 ("Curative Period"). Seller shall use good faith efforts to cure the defects. If the defects are cured within the 97 Curative Period, closing will occur on the latter of 10 days after receipt by Buyer of notice of such curing or the 98 scheduled Closing Date. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be 99 cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have 10 days 100 from receipt of notice of Sellers inability to cure the defects to elect whether to terminate this Contract or accept 101 title subject to existing defects and close the transaction without reduction in purchase price. 102 (c) Survey: (check applicable provisions below) 103 ❑x Seller will, within 10 days from Effective Date, deliver to Buyer copies of prior surveys, 104 plans, specifications, and engineering documents, if any, and the following documents relevant to this 105 transaction: 106 107 prepared for Seller or in Seller's possession, which show all currently existing structures. In the event this 108 transaction does not close, all documents provided by Seller will be returned to Seller within 10 days from the 109 date this Contract is terminated. 110 ❑x Buyer will, at ❑ Seller's x❑ Buyers expense and within the time period allowed to deliver and examine 111 title evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals 112 encroachments on the Property or that the improvements encroach on the lands of another, ❑ Buyer will 113 accept the Property with existing encroachments ❑x such encroachments will constitute a title defect to be 114 cured within the Curative Period. 115 (d) Ingress and Egress: Seller warrants that the Property presently has Ingress and egress. 116 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, 117 ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller 118 makes no warranties other than marketability of titre. In the event that the condition of the Property has materially 119 changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and receive a 120 refund of any and all deposits paid, plus Interest, if applicable, or require Seller to return the Property to the required 121 condition existing as of the end of Due Diligence period, the cost of which is not to exceed $ (1.5% of 122 the purchase price, if left blank). By accepting the Property "as is", Buyer waives all claims against Seller for any 123 defects in the Property. (Check (a) or (b)) 124 ❑ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as Is" 125 condition. 126, ❑x (b) Due Diligence Period: Buyer will, at Buyer's expense and within 90 days from Effective Date ("Due 127 Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion. During the 128 term of this Contract, Buyer may conduct any tests, analyses, surveys and investigations ("Inspections") which 129 Buyer deems necessary to determine to Buyers satisfaction the Property's engineering, architectural, 130 environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision 131 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, 132 state and regional growth management and comprehensive land use plans; availability of permits, government 133 approvals and licenses; compliance with American with Disabilities Act; absence of asbestos, soil and ground 134 water contamination; and other inspections that Buyer deems appropriate. Buyer will deliver written notice to 135 Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property 136 is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property in 137 its present "as is" condition. Seller grants to Buyer, its agents, contractors and assigns, the right to enter the 138 Property at any time during the term of this Contract for the purpose of conducting Inspections, upon reasonable 139 notice, at a mutually agreed upon time; provided, however, that Buyer, its agents, contractors and assigns enter 140 the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from 141 losses, damages, costs, claims and expenses of any nature, Including attomeys' fees at all levels, and from 142 liability to any person, arising from the conduct of any and all inspections or any work authorized by Buyer. Buyer 143 will not engage in any activity that could result In a mechanic's lien being filed against the Property without 144 Sellers prior written consent. In the event this transaction does not close, (1) Buyer will repair all damages to the 11111) Buyer" and Seller( (_) acknowledge recelpt of a copy of this page, which is Page 3 of 8 Pages. CC-5 Rev 9117 C2017 Florida Realtors' Se rial9: 056706-000153.7120397 Ekctro c uy sgned MR9 esiy onunow I Sesaiee 10 : e6ftdlaeaa4465-0$cSabb$?rcDC3571 145 Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the 146 Inspections, and (2) Buyer will, at Buyer's expense release to Seller all reports and other work generated as a 147 result of the Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that 146 Buyer's deposit will be immediately returned to Buyer and the Contract terminated. 149 (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the 150 parties, conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and 151 to ensure that all Property is on the premises. 152 8.OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any 153 business conducted on the Property in the manner operated prior to Contract and will take no action that would 154 adversely impact the Property after closing, as to tenants, lenders or business, if any. Any changes, such as renting 155 vacant space, that materially affect the Property or Buyer's intended use of the Property will be permitted ❑x only with 156 Buyer's consent ❑ without Buyer's consent. 157 9. CLOSING PROCEDURE: Unless otherwise agreed or stated herein, closing procedure shall be in accordance with 158 the norms where the Property is located. 159 (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property to Buyer at 160 closing. Seller will provide keys, remote controls, and any security/access codes necessary to operate all locks, 161 mailboxes, and security systems. 162 (b) Costs: Buyer will pay Buyer's attorneys' fees, taxes and recording fees on notes, mortgages and financing 163 statements and recording fees for the deed. Seller will pay Seller's attorneys' fees, taxes on the deed and 164 recording fees for documents needed to cure title defects. If Seller is obligated to discharge any encumbrance at or 165 prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. iss (c) Documents: Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable 157 service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each 158 service contractor from Seller advising each of them of the sale of the Property and, if applicable, the transfer of its 159 contract, and any assignable warranties or guarantees received or held by Seller from any manufacturer, 170 contractor, subcontractor, or material supplier in connection with the Property; current copies of the condominium 171 documents, if applicable; assignments of leases, updated rent roll; tenant and lender estoppels letters (if 172 applicable); tenant subordination, non -disturbance and attornment agreements (SNDAs) required by the Buyer or 173 Buyer's lender; assignments of permits and licenses; corrective instruments; and letters notifying tenants of the 174 change in ownership/rental agent. If any tenant refuses to execute an estoppels letter, Seller, if requested by the 175 Buyer in writing, will certify that information regarding the tenant's lease is correct. If Seller is an entity, Seller will 176 deliver a resolution of its governing authority authorizing the sale and delivery of the deed and certification by the 177 appropriate party certifying the resolution and setting forth facts showing the conveyance conforms to the 178 requirements of local law. Seller will transfer security deposits to Buyer. Buyer will provide the closing statement, 179 mortgages and notes, security agreements, and financing statements. 180 (d) Taxes and Prorations: Real estate taxes, personal property taxes on any tangible personal property, bond 181 payments assumed by Buyer, interest, rents (based on actual collected rents), association dues, insurance 182 premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing. If the 183 amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due 184 allowance being made for improvements and exemptions. Any tax proration based on an estimate will, at request 185 of either party, be readjusted upon receipt of current year's tax bill; this provision will survive closing. 186 (e) Special Assessment Liens: Certified, confirmed, and ratified special assessment liens as of the Closing Date 187 will be paid by Seller. If a certified, confirmed, and ratified special assessment is payable in installments, Seller will 188 pay all installments due and payable on or before the Closing Date, with any installment for any period extending 189 beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the 190 Closing Date. Buyer will be responsible for all assessments of any kind which become due and owing after Closing 191 Date, unless an improvement is substantially completed as of Closing Date. If an improvement is substantially 192 completed as of the Closing Date but has not resulted in a lien before closing, Seller will pay the amount of the last 193 estimate of the assessment. This subsection applies to special assessment liens imposed by a public body and 194 does not apply to condominium association special assessments. 195 (f) Foreign Investment in Real Property Tax Act (FIRPTA): If Seller is a "foreign person" as defined by FIRPTA, 196 Seller and Buyer agree to comply with Section 1445 of the Internal Revenue Code. Seller and Buyer will 197 complete, execute, and deliver as directed any Instrument, affidavit, or statement reasonably necessary to comply Buyer ( - and Setter ( U acknowledge receipt of a copy of this page, which is Page 4 of 8 Pages. CC-5 Rev 9117 02017 Florida Realtors" Serlalt OW706-000153-7120397 Eb<Uomryly signed us g.SignOntino" tSolmn 0:06Ff dI.ea0&4-ISS4.95csdoee7rcec387i i 198 with the FIRPTA requirements, including delivery of their respective federal taxpayer identification numbers or 199 Social Security Numbers to the closing agent. If Buyer does not pay sufficient cash at closing to meet the 200 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the 201 requirement. 202 10. ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent (collectively "Agent") to receive, 203 deposit, and hold funds and other property In escrow and, subject to collection, disburse them in accordance with the 204 terms of this Contract. The parties agree that Agent will not be liable to any person for misdelivery of escrowed items to 205 Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this Contract or gross negligence. If Agent 206 has doubt as to Agent's duties or obligations under this Contract, Agent may, at Agent's option, (a) hold the escrowed 207 items until the parties mutually agree to its disbursement or until a court of competent jurisdiction or arbitrator 208 determines the rights of the parties or (b) deposit the escrowed items with the clerk of the court having jurisdiction over 209 the matter and file an action in interpleader. Upon notifying the parties of such action, Agent will be released from all 210 liability except for the duty to account for items previously delivered out of escrow. If Agent is a licensed real estate 211 broker, Agent will comply with Chapter 475, Florida Statutes. In any suit in which Agent interpleads the escrowed items 212 or is made a party because of acting as Agent hereunder, Agent will recover reasonable attorney's fees and costs 213 incurred, with these amounts to be paid from and out of the escrowed items and charged and awarded as court costs 214 in favor of the prevailing party. 215 11. CURE PERIOD: Prior to any claim for default being made, a party will have an opportunity to cure any alleged 216 default. If a party fails to comply with any provision of this Contract, the other party will deliver written notice to the non- 217 complying party specifying the non-compliance. The non -complying party will have 30 days (5 days if left blank) after 218 delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close. 219 12. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable 220 to each other for damages so long as performance or non-performance of the obligation, or the availability of services, 221 insurance, or required approvals essential to Closing, Is disrupted, delayed, caused or prevented by Force Majeure. 222 "Force Majeure" means: hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, unusual 223 transportation delays, or wars, Insurrections, or acts of terrorism, which, by exercise of reasonable diligent effort, the 224 non -performing party is unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will 225 be extended a reasonable time up to 7 days after the Force Majeure no longer prevents performance under this 226 Contract, provided, however, If such Force Majeure continues to prevent performance under this Contract more than 227 30 days beyond Closing Date, then either party may terminate this Contract by delivering written notice to the other 228 and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract. 229 13. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is 230 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit 231 will be returned In accordance with applicable Florida Laws and regulations. 232 14. DEFAULT: 233 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make 234 the title marketable after diligent effort, Buyer may elect to receive return of Buyer's deposit without thereby 235 waiving any action for damages resulting from Seller's breach and may seek to recover such damages or seek 236 specific performance. If Buyer elects a deposit refund, Seller may be liable to Broker for the full amount of the 237 brokerage fee. Shall 236 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller ma�;_ ifhar (1) 239 i�� retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the 240 execution of this Contract, and In full settlement of any claims, upon which this Contract will terminate or (2) seek 241 gpenifin pPrfnrnnanr_p. If Buyer fails to timely place a deposit as required by this Contract, Seller may either (1) 242 terminate the Contract and seek the remedy outlined in this subparagraph or (2) proceed with the Contract without 243 waiving any remedy for Buyer's default. 1�� 9l17/2018 6:01 AM EDT iC 911712018 6:01 AM EDT 244 15. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the 245 prevailing party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable 246 attomeys' fees, costs, and expenses. 247 16. NOTICES: All notices will be in writing and may be delivered by mail, overnight courier, personal delivery, or 248 electronic means. Parties agree to send all notices to addresses specified on the signature page(s). Any notice, 249 document, or Item given by or delivered to an attorney or real estate licensee (including a transaction broker) 250 representing a party will be as effective as if given by or delivered to that party. Buyer tikp ) Cand Seller acknowledge receipt of a copy of this page, which Is Page 5 of 8 Pages. CC-5 Rev 9/17 02017 Florida Realtors+' Seri219: 056"64001 W120397 , ElectrcnL=W S.9ned us N d3gnOnlmu'" I Smmn 10: cNttlla/JOM4BS9.8SciahCe7fcDcW71 251 17. DISCLOSURES: 252 (a) Commercial Real Estate Sales Commission Lien Act: The Florida Commercial Real Estate Sales 253 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of 254 commercial real estate for any commission earned by the broker under a brokerage agreement. The lien upon the 255 owner's net proceeds is a lien upon personal property which attaches to the owner's net proceeds and does not 256 attach to any interest in real property. This lien right cannot be waived before the commission is earned. 257 (b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special 258 assessment lien(s) imposed by a public body. (A public body Includes a Community Development District.) Such 259 liens, if any, shall be paid as set forth in Paragraph 9(e). 260 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in 261 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that 262 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon 263 and radon testing may be obtained from your county public health unit. 264 (d) Energy -Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by 265 Section 553.996. Florida Statutes. 266 18. RISK OF LOSS: 267 (a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will 268 bear the risk of loss and Buyer may cancel this Contract without liability and the deposit(s) will be returned to 269 Buyer. Altematively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and 270 Seller will credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seller's claim 271 to any insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any 272 such proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of 273 the Buyer. 274 (b) If, after the Effective Date and before closing, any part of the Property is taken in condemnation or under the 275 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this 276 Contract without liability and the deposit(s) will be returned to Buyer. Alternatively, Buyer will have the option of 277 purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at 278 closing the proceeds of any award, or Seller's claim to any award payable for the taking. Seller will cooperate 279 with and assist Buyer in collecting any such award. 280 19. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise ❑ is not 281 assignable ❑x is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment agreement 282 to the Seller at least 5 days prior to Closing. The terms "Buyer, " "Seller" and "Broker" may be singular or plural. This 283 Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns (if 284 assignment is permitted). 285 20. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. 286 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. 287 Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated 288 electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or 289 typewritten terms Inserted In or attached to this Contract prevail over preprinted terms. If any provision of this Contract 290 is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be 291 construed under Florida law and will not be recorded In any public records. 292 21. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, a 293 licensed real estate Broker other than: 294 (a) Seller's Broker: I eke Q Real Estate I I C 295 (Company Name) (Licensee) (Address, Telephone, Fax E-mail) 296 who ❑ Is a single agent ❑ is a transaction broker 0 has no brokerage relationship and who will be compensated by 297 ❑ Seller El Buyer LJ both parties pursuant to ❑ a listing agreement ❑ other (specify) 298 299 300 (b) Buyer's Broker: Lake O Real Estate Jody Carter SL 3319430 (Company Name) (Ucensee) 301 4251 Hwy 441 S, Okeechobee, FI34974 863-763-5253 ,I// (Address, Telephone, Fax, E-mail) Buyer ( and Seller acknowledge receipt of a copy of this page, which is Page 6 of 8 Pages. CC-5 Rev 9/17 02017 Florida RealtorsO Serial#: 056706-000153-7120397 EActradca9y S.gmd v" eSgnOnkme ISesser9J: eEnd1a670e446U.9Sc54bb$YkaW71 302 who ❑ is a single agent ❑ is a transaction broker ❑ has no brokerage relationship and who will be compensated by 303 ❑ Seller's Broker ❑ Seller 9 Buyer ❑ both parties pursuant to ❑ an MLS offer of compensation K other (specify) 304 Commission Agreement 305 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to 306 inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to 307 indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including 308 reasonable attorneys' fees at all levels, and from liability to any person, arising from (1) compensation claimed which is 309 inconsistent with the representation in this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to 310 Paragraph 10, (3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of 311 services regulated by Chapter 475, Florida Statutes, as amended, or (4) recommendations of or services provided and 312 expenses incurred.by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer. 313 22. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to 314 this Contract): 315 ❑ (A) Arbitration ❑ (E) Seller Warranty ❑ (1) Existing Mortgage 316 ❑ (B) Section 1031 Exchange ❑ (F) Coastal Construction Control LCI (J) Buyer's Attorney Approval 317 ❑ (C) Property Inspection and Repair ❑ (G) Flood Area Hazard Zone ❑ (K) Seller's Attorney Approval 318 ❑ (D) Seller Representations ❑ (H) Seller Financing ❑ Other 319 23. ADDITIONAL TERMS: 320 See attached 3 Pages- Okeechobee PA for Lot Info. 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 343 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL 344 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE 345 PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE 346 EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR 347 REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER Buyer (_kP ( and Seller �_) �) acknowledge receipt of a copy of this page, which Is Page 7 of 8 Pages. CC-5 Rev 9/17 02017 Florida Realtors° Serial#: 056706-000153-7120397 EbcaoNwOy S.pae wing a319.0mb.0" t Sass— 10 :OfId1aab70"AfiS4-95c54oaa?Wc3fl7l 348 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 349 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER 350 REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF 351 THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 352 GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND 353 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 354 Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other 355 party that such signatory has full power and authority to enter into and perform this Contract in accordance with its 356 terms and each person executing this Contract and other documents on behalf of such party has been duly authorized 357 to do so. 358 ka1'i Aws Date: 9/17/2018 (Signature of Buyer 359 Karl Davis Tax ID No.: (Typed or Printed Name of Buyer) 360 Title: Telephone: 361 Date: (Signature of Buyer 362 Tax ID No.: (Typed or Printed Name of Buyer) 363 Title: Telephone: 364 Buyer's Address for purpose of notice 365 Facsimile: Email: 366 (Signature of Seller) Date: 367 City of Okeechobee Tax ID No.: (Typed or Printed Name of Seller) 368 Title: Telephone: 369 Date: (Signature of Seller) 370 Tax ID No.: (Typed or Printed Name of Seller) 371 Title: Telephone: 372 Seller's Address for purpose of notice: 55 SE 3rd Ave, Okeechobee, FL 34974-2903 373 Facsimile: Email: Florida REALTORS' makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used In complex transactions or with extensive riders or additions. This form is available for use by the entire real estate Industry and Is not Intended to identify the user as REALTOR'. REALTOR' is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS* and who subscribe to its Code of Ethics. The copyright laws of United Stales (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. Buyer ( - I ( and Seller ( acknowledge receipt of a copy of this page, which is Page 8 of 8 Pages. CC-5 Rev 9f17 Serlaia: 1156706-0001 s3-7120397 02017 Florida Realtors' Elactmic-Ay Signed uslN eSgnOrom- I Sessmn to: aena rae•rae4-4eaa•9sceabbemcocu7I 1211=017 Okeechobee County Property Appraiser updated:l4l7/2017 Parcel: 3-15-37-35-0020-00000-0170 "Next Lower Parcel 1 Next Higher Parcel » Owner & Property Info D SearchResults . 61 J 2017 Certified Values Parcel List Generator Retrieve Tax Record Property Card 2017 TRIM (pdf) Interactive GIS Map Print OWnees Name CITY OF OKEECHOBEE Site Address NE 12TH ST, OKEECHOBEE Mailing 55 SE 3RD AVENUE Address OKEECHOBEE, FL 349742903 CITY OF OKEECHOBEE COMMERCE CENTER LOT 17; LESS THE EAST TWO ACRES OF LOT 17, CITY OF OKEECHOBEE COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, Description PAGES 10 THROUGH 14, OF THE PUBLIC RECORDS OF OKEECHOBEE p COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 17 OF SAID PLAT. THENCE SOUTH 90000W-FAST ALONG THE NORTH LI more>>> NOTE: This description Is not to be used as the Legal Description for this parcel In any legal transaction. Land Area 1.497 ACRES S/T/R 15-37-35 Neighborhood 618682.00 Tax District 50 DOR Use Code MUNICIPAL (008089) Market Area 1680 The DOR Use Code shown here is a Dept, of Revenue code. Please contact the Okeechobee County Planning & Development office at 863-763-6548 for specific zoning Information. Property & Assessment Values Mkt Land Value cnt: (1) $55,389.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $55,389.00 Sales History "Prey Search Result: 11 of 31 Next» GIS Aerial 2017 Certified Values .lust Value $55,389.00 Class Value #0.00 Assessed Value #55,389.00 Exempt Value (code:04) $53,846.00 Total Taxable Value #o.00 Show Similar Sate& within 1/2 mile FRI out Sales Questionnaire Sale Date �o�age inst. Type Sale Vimp Sale Qual Sale RCode (code List) Sale Price 10/1/1979 1 231/716 1 WD V Q $379,00D.00 Building Characteristics Bldg Sketch Bldg Item `Bldg Desc Year Bit I Base S.F. I Total S.F. Bldg Value NONE Extra Features & Out Buildings - ( Show Codes) Code I Desc Year Bit Value I Units I Dlms Condition (% Good) NONE Land Breakdown Lnd Code Desc I Units Adjustments Eff Rate Lnd Value 067CI1 CITY IND (MKT) 1 0000001.497 AC 1 1.00/1.00/1.00/1.00 $37,000.00 $55,389.0 I Okeechobee County Property Appraiser << Prey Search Result 11 of 31 Next >> updated: 12/7/2017 This Information was derived from data which was complied by the Okeechobee County Property Appralsees Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or Implied, ere provided for the accuracy of the data herein, It's use, or its Interpretation. Although it Is periodically updated, this Information may not reflect the data htip:/A ww.okeechobeepa.coMGlSvl/ 1/2 12/13/2017 D_SearchResults Okeechobee County Property Appraiser 2017 Certified Values updated: I Z 7/2017 Parcel: 3-15-37-35-0020-00000-017A Parcel List Generator Retrieve Tax Record Property Card «Next Lower Parcel i Next Higher Parcel» 2017 TRIM (pdf) Interactive GIS Map Print Owner & Property Info "Prev Search Result:12of31 Next>> Owner's Name CITY OF OKEECHOBEE Site Address NE 12TH ST, OKEECHOBEE Mailing 55 SE 3RD AVENUE Address OKEECHOBEE, FL 34974 CITY OF OKEECHOBEE COMMERCE CENTER BEING A PORTION OF LOT 17, CITY OF OKEECHOBEE COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14. Description OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND P BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 17; THENCE BEAR NORTH 90909 00' EAST, ALONG THE NORTH BOUNDARY LIVE OF SAID L ...more>>> NOTE: This description Is not to be used as the Legal Description for this parcel In any legal transaction. Land Area 1.000 ACRES SMR 15-37-35 Neighborhood 618682.00 Tax District so DOR Use Code MUNICIPAL (008089) Market Area 680 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863-763-5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $25,900.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $25,900.00 Sales History PW 0 77 154 231 .14 385 "1 539 f t 2011 Certified Values .Just Value $25,900.00 Class Value $0.00 Assessed Value $25,900.00 Exempt Value (code:04) $25,179.00 Total Taxable ,Value V $o.00 Show Similar Sales within 112 mile Fill out Sales Questionnaire Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode (Code List) Sale Price 3/30/2009 667/1819 WD V U 18 $50,000.00 11/9/2006 616/393 WD V Q $100,000.00 10/1/1979 231/716 WD V Q $379,000.00 Building Characteristics Bldg Sketch Bldg Item I __*Bldg Desc Year Bit Base S.F. I Total S.F. Bldg Value NONE Extra Features & Out Buildings - t snow Coues I Code I Desc Year Bit Value I Units I Dims Condition (% Good) NONE Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067CI1 CITY IND (MKT) 0000001.000 AC 1.00/1.00/0.70/1.00 $25,900.00 $25,900.00 Okeechobee County Property Appraiser << Prev Search Result: 12 of 31 Next >> updated:12/7/2017 http:f/www.okeechobeepa.corn/GISvl/ 1/2 12/13/2017 D_SearchResults Okeechobee County Property Appraiser pqj -3 2017 Certified Values updated: 121712017 Parcel: 3-15-37-35-0020-00000-01713 Parcel List Generator Retrieve Tax Record Property Card << Next Lower Parcel Next Higher Parcel » _ ._... 2017 TRIM (pdt) Interactive GIS Map Owner & Property Info «Prev Search Result: 13 of 31 Next» Owner's Name CITY OF OKEECHOBEE Site Address NE 12TH ST, OKEECHOBEE Mailing 55 SE 3RD AVENUE Address OKEECHOBEE, FL 34974 CITY OF OKEECHOBEE COMMERCE CENTER BEING A PORTION OF LOT 17. CITY OF OKEECHOBEE COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14, Description OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND P BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 17; THENCE BEAR NORTH 90oW 00' EAST, ALONG THE NORTH BOUNDARY LINE OF SAID L ...more»> NOTE: This description Is not to be used as the Legal Description for this parcel In any legal transaction. Land Area 1.000 ACRES SR/R 15-37-35 Neighborhood 618682.00 Tax District 50 DOR Use Code MUNICIPAL (008089) Market Area 680 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning 6 Development office at 863-763-5548 for specific zoning informatlon. Property & Assessment Values Mkt Land Value cnt: (1) $25,900.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $25,900.00 Sales History 0 86 172 258 344 430 516 602 ti 2017 Certified Values Just Value $25,900.00 Class Value $0.00 Assessed Value $25,900.00 Exempt Value (code:04) $25,179.00 Total Taxable Value $0.00 Show Simiia_r_ Sales within 1/2 mile Fill out Sales Ouestionnalre Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode (code List) Sale Price 12/23/2009 680/1289 WD V U 18 $50,000.00 11/9/2006 616/393 WD V Q $100,000.00 10/1/1979 231/716 WD V Q $379,000.00 Building Characteristics Bldg Sketch Bldg Item I _*Bldg Desc Year Bit I Base S.F. I Total S.F. Bldg Value NONE Extra Features & Out Buildings 1 Show codes Code Desc Year Bit Value I Units I Dims Condition (% Good) NONE Land Breakdown Lnd Code Desc I Units Adjustments Eff Rate Lnd Value 06701 CITY IND (MKT) 1 0000001.000 AC 1.00/1.00/0.70/1.00 $25,900.00 1 $25,900.00 Okeechobee County Property Appraiser updated: 12/7/2017 << Prev Search Result: 13 of 31 Next» http://www.okeechobeepa.comlGiSvi/ 1/2 Exhibit 6 Oct 16, 2018 MEMORANDUM TO: Mayor Watford, Council Members FROM: City Clerk GamioteaA-"� DATE: October 5, 2018 SUBJECT: Annual Contract for Mapping Services for FY 2018-19 Please consider waiving the formal bidding procedures and award the City's annual mapping services contract to Global Mapping Services in the amount of $8,800.00. Global Mapping is still the consultant for the Property Appraiser's Office, and we continue to share the same updated information, which in turn keeps the City's costs down. Since there is no other mapping company that performs this type of work for the Property Appraisers Office, I have requested the City Administrator consider approval and recommend that this be considered a sole -source purchase based on maintaining operational standards, and serves as the best working relationship with the Property Appraiser's Office. In keeping with Code Book Section 2-288, Department Heads may recommend purchase of a specific brand should they feel, through experience or analysis, that only that brand will serve the best interest of the City. Factors which might warrant sole -source purchasing could involve compatibility with existing equipment, maintaining operational standard, or lesser serves requirements which reduce down -time and maintenance cost. When making such a recommendation, the Department Head shall submit written justification to the City Administrator, whom may waive bidding and grant the purchase request in cases where the estimated value of the purchase does not exceed his bid award authority ($7,500.00). Above that limit, the written justification and recommendation shall be referred to the City Council for approval. Sole -source reviewed and approved by the City Administrator, to forward to the City Council: a os Montes De Oca, City Administrator Attachments: City Purchase Requisition No. 015774 signed by L. Gamiotea Annual Contract Quote from Global Mapping Upon City Council approval, forward P.R. 015774, original Global Mapping Contract Quote and a copy of the minute pages to Finance to issue Purchase Order. Draw downs are processed quarterly. r PURCHASE REQUISITION CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, FL 34974-2903 Tel: 863-763-3372 Fax: 863-763-1686 TO: Global Mapping, Inc. 140 Valley Drive Eureka Springs, AR 72631 THIS ORDER SUBJECT TO CONDIDTIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. Reg. No. 015774 PO# ASSIGNED: Important: This number must be shown on all invoices, packages, cases, tickets and correspondence. SHIP TO: City of Okeechobee Lane Gamiotea, CMC 55 Southeast 3rd Avenue Okeechobee, FL 34974 INVOICE IN DUPLICATE: DATE IVENDOR NO. DELIVERY DATE SHIP VIA BEST WAY F.O.B. DEST. I TERMS 10/05/18 N/A I N/A I N/A N/A NET 30 ITEM NO ACCT. NO QUANTITY UNIT DESCRIPTION UNIT AMOUNT 1 001-2512-3400 1 Mapping Services Oct 2018 to Sept 2019 Quote #5 TOTAL 1 $8,800.00 $ 8,800.00 CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUIEST. t AUTHORIZED STG'NATURE STATE SALES TAX EXEMPTION NO. 85-8012621656C-6 FEDERAL I.D. NO 59-60000393 RECEIVING RECORD FY 15/16 $8,800.00 FY 16117 $8,800.00 FY 17/18 $8,800.00 0 PARTIAL 0 FINAL J r Global Mapping, Inc. 140 Valley Drive Eureka Springs, AR 72631 I Name/Address I Lane Gamiotea City Clerk City Of Okeechobee 55 SE 3rd Avenue Okeechobee, F134974 Date Quote # 10/1/2018 5 Rep Project Description Qty Total GIS Yearly Mapping Services 8,800.00 Thank you for your business. Total $8,800.00 W1 •Z5IZ- 04fx-� Il Exhibit 7 _ CG�j Od CITY OF OKEECHOBEE, PUBLIC WORKS Oct 16, 2018 okekhobeee Memo FLORIDA • Founded 1915 To: Marcos Montes De Oca, City Administrator From: David Allen, Public Works Director Date: 10/5/2018 Re: Hustler Zero Turn Mower Purchase The Public Works Department is requesting permission to purchase a new Hustler Super Z mower to replace eight -year -old Bad Boy mower. The existing mower that is being replaced has become unreliable and has required several repairs in recent months. Public Works selected a Hustler mower for this purchase to maintain consistency and ease of maintenance. The mower is the same model as a mower currently being used by the department except for having a slightly different deck. We have had a good experience with the existing mower, it has been reliable and easy to maintain. Our mechanic is already familiar our existing Hustler mower which will be beneficial in there will be no new learning curve that would be necessary if the department were to buy a different brand that he has not worked on. The recommended vendor, Gilbert Outdoors not only gave us the best price, they are local and we have a good working relationship established with them. The purchase price $10, 694.03 is $4,805.97 less than was budgeted for the purchase. Mower to be replaced PURCHASE REQUISITION CITY OF OKEECHOBEE 55 S.E. Third Avenue -- Okeechobee, FL 34974-2903 Tel: 863-763-3372 Fax: 863-763-1686 Gilbert Outdoors 315. South Parrott Avenue Okeechobee, FL 34974 THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. Req. No. 16286 Im � ortanf..;-Thisnumber,must. "be:sh'own;on?all1nvoices age. es 'cases '.tickets!anl P..,,. ..9 .,. ,.:; ;correspolence ,,....__.., _............_..... . ............ SHIP TO: City of Okeechobee 55 8E Third Avenue Okeechobee, FL 34974 DATE VENDOR NO. DELIVERY DATE ISHIP BEST F.O.B. DEST. ITERMS 10/04/18 N/A I N/A I N/A INET 30 ITEM NO ACCT. NUMBEI QTY UNIT DESCRIPTION AMOUNT 1 301-549-6400 Deal #130 Date 10/04/2018 $10,694.03 Super Z HD Hyperdrive 60" Vanguard 36hp #936997 Replace Bad Boy Mower TOTAL $10,694.03 CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. APTS S/F EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUIEST. STATE SALES TAX EXEMPTION NO.85-8012621656C-6 FEDERAL I.D. NO 59-60000-393 AUTHORIZED SIGNATURE RECEIVING RECORD 0 PARTIAL X FINAL i� Bill of Sale Date 10/04/2018 315 S. Parrott Ave. Deal # 130 Okeechobee, FL 34974 Salesperson (863) 763-6434 Dallon Boyd Buyer: City Of Okeechobee Public Works Co -Buyer: 629376 - 5000 55 SE 3rd Avenue Okeechobee, FL 34972 (863) 763-3372 Major Unit: Stock # Year Make -Model . VIN# Color DSP 2019 Hustler Super Z HD Yellow 10,694.03 HYPERDRIVE Vanguard 36hp 936997 Lien Holder: Trade -In: Stock # Year Make. Model. , . Vin # Allowance Pay Off U � Buyer: Co -Buyer: Dealer: Payments . Vehicle Price: $10,694.03 Freight: $0.00 Set -Up: $0.00 Other: $0.00 Sub -Total: $10,694.03 Warranty: $0.00 Pre -Paid Maint: $0.00 Total Loss & Prot: $0.00 GAP: $0.00 P & A Total: $0.00 Inst. P & ATotal: $0.00 Labor Total: $0.00 Sales Tax: $0.00 License/Reg. Fees: $0.00 Doc Fee: $0.00 Sales Tax: $0.00 Date: 10/04/2018 Sub -Total: $10.694.03 Trade -In Amount: Date: 10/0U2018 Rebate/Incentives: $0.00 Payments: Date: 10/04/2018 Balance Due: $10.694.03 www.gilbertoutdoors.com East Coast Mower Sales & Ser. 3061 Southeast Gran Park Way Stuart, FL 34997 Phone: (772) 219-2454 Invoice Estimate 38264 Thank you for your business) We hope to see you back soon. Items must be returned in the original package. No returns on electrical or special ordered parts. All quotes expire 15 days from the date of this receipt. Bill To Ship To CITY OF OKEECHOBEE 55 SE 3RD AVE Okeechobee,FL 34974 Contact Customer Tax Number Phone 1 Cell Phone PO. Number Transaction DAVID ALLEN (863) 763-97911 1 Estimate Counter Person. Sales Person Estimate Date .Reference Department DENNIS DENNIS 10/04/18 38264 Counter Sales Model `Line Description: Ordered B/0'd Shipped .List: Nei Amount 936997 F>CCW VANGUARD 36 HP 60" GRAMMER 1 1 $15,752.00 $11,498.96 $11,498.96 SUSP SEAT Invoice Total $11.498.96 Sales Tax $0.00 Grand Total $11.498.96 Thank you for your business! We hope to see you back soon. Items must be returned in the original package. No returns on electrical or special ordered parts. All quotes expire 15 days from the date of this receipt. Notes: ,p Customer acknowledges receipt thereof: East Coast Mower Sales & Ser. Invoice Estimate # 38264 - CITY OF OKEECHOBEE Page 1 of 1 .' i• ( ;%ice ati .n 'fi wwo r:s CrvW,tou QUOTE= NAME: CITY OF onEE- CHOREE DATE:10=4 -18 EMAIL: PHONE: DESCRIPTION: PRICE$: HUSTLER SUPER Z HD 6093 32HP VANDUARD DIG BLOCK MSRP 1S2981 PRO.M10 13999 ALSO INCLUDED IS THE SERVICE I"OR THE FIRST AND SECOND TIME IT IS NEEDED. INCLUDED IN THE SERVICE FULL FLUID AND,r..ILTER- CHANGE ALONG' WITWZ SETS Or --BLADES 1 PER SERVICE. TOTAL: 13999 DISCOUNT: 1000 TAX: MR GRAND TOTAL: 12999 .*QUOTED PRICE IS VALID FOIL 30 DAYS* Exhibit 8 Oct 16, 2018 PURCHASE REQUISITION CITY OF OKEECHOBEE 55 S.E. Third Avenue Okeechobee, FL 34974-2903 Tel: 863-763-3372 Fax: 863-763-1686 SHIP TO: AUTONATION CHRYSLER DODGE JEEP RAM 13601 PINES BLVD PEMBROKE PINES, FL 33027 Req. No. _ 16552 Important: This number must be shown on all Invoices, packages, cases, tickets and correspondence. City of Okeechobee - Police Dept. 50 SE 2nd Avenue Okeechobee, FL 34974 INVOICE IN DUPLICATE: THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMFNT MANAM:MFNT DATE IVENDOR NO. DELIVERY DATE SHIP VIA BEST WAY F.O.B. DEST. TERMS 10/4/2018 ITEM NO JACCT. NUMBER QUANTIT UNIT DESCRIPTION UNIT AMOUNT 2019 DODGE CHARGER 1 304-549-6400 11 POLICE PACKAGE CARS 21839 $240,229.00 2 304-549-6400 11 LEFT HAND SPOT LIGHT 149 $1,639.00 TOTAL $241,868.00 U i T Ur UKhtUHUttt IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST. STATE SALES TAX EXEMPTION NO. 85-8012621656C-6 S FEDERAL I.D. NO 59-60000-393 AUTHORIZED SIGNATURE STATE CONTRACT # FSA18-VEH16.0 & FSA18-VEL26.0 0 PARTIAL 0 FINAL t A V� O� •a � 1 O it �.�:;:,. C:hryS14=.r ococi lie JEecap Ftc s v __� �._....._..... 'je'ep Cif (;all Us first, for all of your Fleet Automotive, & Light Truck needs CELL PHONE 964 383-1009 ;OFFICE (954) 441-2034 FAX (954) 441-2004 EMAIL SCHENRYI &COMCAST.NET .� may:,":. .i- - r'�4,^.,9r^,S?•m,+ro-., QUICK QUOTE SHEET FOR VEHICLES SOLD UNDER THE FLORIDA SHERIFF'S ASSOCIATION CONTRACT FSA BID NO.18- VEH16.0 & FSA18-VEL26 PAGE 1 of 1 REQUESTING AGENCY: Okeechobee ORIGINAL QUOTE DATE: 1012/2018 REVISED QUOTE DATE: CONTACT PERSON: Major Donald lla#an PHONE NUMBER: CELL: FAX NUMBER: e-mail: MODEL: 2019 Dodge Charger PPV RWD (LDDE48) SPECIFICATION #: 1 PAGE #: BASE DISTRICT PRICE: $21,839.00 hftp://www.flsheriffs.org OPTION CODE # DESCRIPTION OPTION COST .,_,,,,,,,,,,,,,,,,,,,__ ... ... _............ EXTERIOR COLOR WHITE Will DARKEST INTERIOR POSSIBLE UNLESS STD ,,.•,,.••_•..... ___......... ___ __ NOTED OTHERWISE IN THE PO _ LED Left Hand Spotlht..... ............ __....___...»...._..__..__�.__._____...__—_.._.___. $149.00 ............ ............ .......... ---.._... »....._..._.__»._.._.._........._......_..._... .................. -----............_._....._.__._........»..._.......---...._.._..........................._............. ...... ..... __...._._..._...__ . V!nyl.Rear Seat -Cloth Front Inc[ _.........................._.......__..........._.........._.._..._......_........................--.__..........................__....._..................._...._........._..-•-•---I......... ..... .... _..._.__.. _. ...... ,Left Side SpoUi ht » Incl........._..__........._.._.._......... _ _......................._.._.__._.._...............---....___........................._....... .._____........ ........................ Finyl.Floor_.».........._. _........._. ........................... .....-Std.................. .......... _.... ............ Full Size Spare Std TOTAL OF OPTIONS: $149.00 TOTAL COST: $21,988.00 QTY 11 = $241,868.00 Comments: AUTO NATION CHRYSLER DODGE JEEP RAM VEHICLE QUOTED BY: Steve Henry, Fleet Manager henrys0autonation.com "/ Want to be Your Fleet Provider" I appreciate the opportunity to submit this quotation. Please review it carefully. IF there are any errors or changes, please feel tree to contact me at any time. I am always happy to be of assistance Okeechobee Police-FSA 2019 PPV QUOTE SHEET Okeechobee Police Department RBE- 10/3/2018 Garber Chrysler Dodge Truck Okeechobee Police Department Ryan Davis Attn: Major Hagan (904) 264-2442 ext.2350 FAX: (904) 284-0054 dhaganocitvofokeechobee.com 3408 Hwy 17 Green Cove Springs, FL 32043 863-763-9782 rdavis Learberautomall corn Prices are published by the Florida Sheriffs Association. (https://www.flsheriffs.arg/our_program/purchasingjwograms/cooperative-fleet-bid- awards/). Purchasing contract number is FSA18-VEL 26.0, expiring September 30th, I019 for — Police Rated Vehicles/Motorcycles, Sedans & Light Trucks. If you have any questions j regarding this quote please calll Quick Order Package 27A Included Engine: 3.61. V6 24V VVT Included transmission: S-Speed Automatic Included White Knuckle Clearcoat (Or Standard Paint Color) Included Black, Heavy Duty Cloth Bucket Seats w/Vinyl Rear Included Fleet Safety Group Included Black Leh Spot Lamp Included LED Spotlights 148 Delivery Included 1013/201811:46 AM Okeechobee PD 19 Dodge Charger Police RWD Quote 10-3-18 t t_ Exhibit 9 Oct 16, 2018 '°F•OKFECyo PURCHASE REQUISITION CITY OF OKEECHOBEE o ! 55 S.E. Third Avenue ° Okeechobee, FL 34974-2903 " 9 Tel: 863-763-3372 Fax: 863-763-1686 TO: TREASURE COAST HARLEY-DAVIDSON 4967 SE FEDERAL HWY STUART, FLORIDA 34997 THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGFMFNT Req. No. _ 16546 Important: This number must be shown on all Invoices, packages, cases, tickets and correspondence. SHIP TO: City of Okeechobee - Police Dept. 50 SE 2nd Avenue Okeechobee, FL 34974 INVOICE IN DUPLICATE: DATE IVENDORNO. I DELIVERY DATEI SHIP VIA BEST WAY F.O.B. DEST. TERMS 10/2/2018 ITEM NO ACCT. NUMBER QUANTIT UNIT DESCRIPTION UNIT AMOUNT 2019 MAKE/HD 1 304-521-6400 1 MODEL/FLHP BLACK IN COLOR $21,727.24 TOTAL $21,727.24 CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST. STATE SALES TAX EXEMPTION NO.85-80126216560-6 FEDERAL I.D. NO 59-60000-393 A THORI ED SIGNATURE SEE QUOTES ATTACHED 0 PARTIAL 0 FINAL o- 10/02/2018 09:21 TREASURE CAN I HARLEY ttg772 2881843 P.0011007 Fax Cover Sheet G Sender's Fax Number Sender's Name (?OAgr Account/ID Number Recipient's Name Recipient's Fax Number Total Panes Data of Transmiciflon O lee Reference Number (if any) Notes: '. '• www.FrbeFaxCoverSheets.net " '' ' '' II II�� 4 10/02/2018 09:21 TREASURE LURST HARLEY 44772 2881843 P.0021007 TREASURE COAST HARLEY-DAVIDSON MOTORCYCLE BILL OF SALE BUYER INFORMATION Buyer. CITY OF OKEECHOBEE Address: 50 SE 2ND AVE OKEECHOBEE, FL 34974 Phone: (663) SM-2771 LlcB: Cob er: NIA Deal t1:19738 1 Retail 1purchase Date: vacie salesperson: DESCRIPTION OF PURCHASE 4.4 Year: Rol of11FL-ki Make: Model: P VIN: Ref Number: Color: IacK Mileage: Uenholder. OTHER CHARGES AND FEES FREIGHT 435.00 TIRE FEE 2.00 BATTERY 1.60 CVR 0.00 Other Chirpos and Fees Total 498 60 4967 SE FEDERAL HIGHWAY STUART, FL 34997 Tel: (772) 287.3871 Fax: (772) 283-9717 SETTLEMENT SELLING PRICE 14.499.00 PREP 649.00 DEAL ADD-ONS 6.716.74 Subtotal 20,863.74 DOCUMENT FEES 42&00 REGISTRATION FEES 0.00 OTHER CHARGES AND FEES 438.80 Balance Due 21,727.24 TRADE VIN MAKE MODEL YEAR COLOR MILEAGE PAYOFF Buyer Sipztture: CoBuyer Signature: Afft -t).R0,P116 I C-1 M Dealer Signature: �L 10/02/2018 09:21 TREASURE CYAJ NARLEY 0RASTROBES-R-US STROBES-R-US 2681 HAMMONDVILLE RD POMPANO BEACH, FL 33069 To: DSON, TREASURE COAST HARLEY S.E. FEDERAL HWY. ►RT, FL 34997 W772 2881843 P.0031007 Official Estimate Date Estimate # 6/8/2018 07994 To: DAVIDSON, TREASURE COAST HARLEY ATTN: GENO DEMAURO 4987 S.E. FEDERAL HWY. STUART, FL 34997 Reference 2018 HARLEY-DAVIDSON Product Description Qty Cust. Price Total *• PRICE QUOTE FOR (1 ) 2018/19 H-D ROAD KING, CUSTOMER SPECIFIED EQUIPMENT LIST BELOW, NOTE THERE 1S A NEW WINSHEILD ARRAY FROM WHELEN THAT REPLACES THE M06Z SERIES M486R MOTORCYCLE BOX 6-M4 RIGHT OPEN, SEE ATTACHED 1 2,019.66 2,019.56 CONFIGURATION SHEET, PLEASE MAKE ANY CHAGES TO THIS SHEETAND RETURN BEFORE PLACING ORDER M8ADPT14 MB4/6 ADAPTER PLATE 14 TO 18 HARLEY 1 64.38 64.38 MIBATT MOTORCYCLE GEL BATTERY 1 213.44 213.44 M4BSEP M4B OPTIONAL SEPARATION PLATE 1 84.10 84.10 M488CHRG M4S SERIES BATTERY CHARGER 1 231.42 231.42 MIGROUND MOTORCYCLE BOX GROUND PLANE 1 9.57 9.57 SA35OMH SA-35OMH SIREN SPEAKER 1 403.10 403.10 SA350MBI SA350M MOUNTING KIT 1 57.42 67.42 WS321 WS-321 SIREN (FOR HID HARNESS) 1 350.32 350.32 WS321B14 SIREN AMP MTG BRACKET 1 33.64 33.64 WSMI0321 MICROPHONE FOR WS-321 AND WHELEN CENCOM SAPPHIRE 1 87.00 87.00 AND CARBIDE. RIGHTANGLE 1/4' PHONO JACK, ALSO USED ON HARLEY MOTORCYCLE 01-020D286-01B P32F2R8 PAR32 Fairing Lights, Combination Interleaved White Super -LED 1 347.42 347A2 Driving Light with 1 Red and 1 Blue Warning Light, Clear Outer Lens, Includes Light Control Module and Anti -Rotation Ring Kt M213C M2 LED FLASHER RED W/ CLR LENS 1 100.92 100.92 M28C M2 LED FLASHER BLU W/CLR LENS 1 100.92 100.92 M2KTHD1 M2 LICENSE PLATE MT BRACKET 1 20.88 20.88 M07T Windshield Light Array for2007-2018 Harley-Davidson Road King®. 1 389.40 389.40 Requires Four SOLO MTLI• Llghtheads (Replaces MO5Z Series) Please call in advance for an appointment Subtotal $4,613.49 Approved By: Sales Tax (0.00%) $0.00 PO #: Total $4,513.49 Phone # Fax # E-mail Web Site 954-946-9955 954-946-9677 SALES@SRUS.COM WWW.STROBES-R-US.COM :i r` 0 0 v. 0 0 a 0 CIO tV Pz N Q w cc N 0 w 0 N CV 0 a Ordering hdormatiea: Company M48613ox Top View Super -LED' Lighthead Position & Color Selection Workguide Diagram G-EOD J7X 04A u-90 .qG q F(Hp M4B6 System Right -Hand (Curb Side), Left -Hand (Road Side) and Rear Opening Motorcycle Boxes j/j.C.sw2£ ev LEW PO# i1+1486 SYSTEM Black Boor - Choose the motorcycle box opening(s) preference and lighthead colors by position, adapter plate needed and any additional M4186 lighting package options listed below. Single or Dui Color Lighthead module positions Total Ruasm a� M System IlAotorcycle Black Bout Models M486R Right -Hand (Curb Side) Opening Bout with sixM4 Series Box Frost M4BGL Left -Han d (Road Side) Opening Box with six M4 Series M40611 Rear Opening 8DX with six M4 Sarkis ht From FrontEl 6 Front Super -LED ightheaad4136 s in positio s n timsition bered. tthen mark the letterchoose a total tsix of the colors coloror the choices below on the appropriate orinaton of over/under dering Fine.le or Dual M4******Single Color ligg4head. A=Anlber, B=Blue, R=Red, 0-White/Clear Bak 2 5 BRight ack DWI COW lighthead: J=Red/Blue, K=Red/Amber. M--Blue/Arnber, Med/Clear, , �Blue/Clear Choose Colors: M41 T _T -T 3-y anmpx: M4RAJJ8 <'NIL �pf �f!� 1 2 3 1 i i 1Wjwj WPI Left Rear 1 Box Rear AN - _. �) All total quant16es ordered on this worksheet tot Blade Box opening style will have the same lighthead color corrbguration marked above. For box opening style(s) with a different 1i hthead color configuration, till out a sepanls worhsbart. Note: Box Package I ighttead color options for above models, no charge when purchased with M4B6 Motorcycle System, for White Super-LE130 lightheads. Contact factory for pricing and availability. Total 4santity lRotorcycle-Blsx Adapter Plate {nmiro4 MBAUPT09 2009-2013 Road King® or Electra Glider I MBAUP714 2014-2016Road King" or Electra GlideO Total Quantity M496 System Options M18ATT Motorcycle battery, requires M4BSEP (Factory Installed) MUSEP Substitute separation plate with battery hate for standard solid plate, includes battery hold downs. for M4B6 Series. Required with M1 BATF (Factory Installed) 1 MUSCHRU Battery charger includes 120 VAC receptacle, for Mi486R system only (Factory Installed) WUCHRB Battery charger includes 12D VAC receptacle, for M4B6B system only (Factory Installed) N11GROUND Radio Antenna Ground Plane (Factory installed) ayi= °EasrNEFes FOR THE EMFnsFNcr WARNING INBasrRy° XM 1 51 Winthrop Road Chester, CT 06412-0684 e Phone 860-526-9504 • www.whelen.com 1am28•110215 10102/2018 09:22 TREASURE C ( I Rf HARLEY 4k)772 2881843 P.0051007 9544144135 QUOTE U", y Doc/Prep/Setup Total Model Code 1FMC1H-D'OM - Color: bla.c�C 1. 54180-10 Police Tour Pak for LED's 2. 68000137 Tour Pak Wiring Adaptor Kit 3. 53196-09 Tour Pak Adaptor Plate 4., 65989-97C Auxiliary Battery, 5, 69940-10 Tour Pak LED Split /Blue 3 required) ram: •. NOW Brake Light Kit LED BA L 9, 69000057 Emergency Resp n e Kit 10, Whelen Par 36 2E*OQ2*R Blue 11. M2B/M2B Whelen License Plate .2 Lights � � ) Of. (s) Blue 12. M2'KTHDI Whelen License Plate Light Mounting Bracket 13. M06MB Whelen Windshield Light Array (2) R�D O / (3) Blu 8r8/18 3:14 pm Deal Number. 19738 Contract Date: 67/18 Delivery Date: Wit Salesperson: Customer. 76583 CITY OF OKEECHOBEE 50 SE 2ND AVE OKEECHOBEE, FL 34974 Status Item Number MOTORSPORTS OF STUART, LLC Deal Accessory List ViWSerlal: ReW Model: Year. Make: Color: Date Expected: Date In: Phone: (883) 634-2771 Work: Fax. Vendor Description Oty, Bin Loc 1 Bin Loa 2 Install? Ext list 5319U9 HD POLICE T-P ADAPTER PLATE 1.00 541040 HO BLACK TOUR-PAK WITH PRE-D 1.00 65989-97D HD SATTERY,I7.SAWSEALED 1.00 83 66000137 HD KIT -EMERGENCY LIGHT,TOUR- 1.00 69000057 HO KIT -EMERGENCY RESPONSE,PO 1.00 69940.10 HD BLUE LED LIGHT WITH CLEAR 3.00 SAWR BRITE LED TAILLIGHT NO WINDOW 1.00 C-3 M07T DANA WINDSHIELD LIGHT ARRAY 1.00 M28C DANA M2 LIGHT BLUEICLEAR 1.00 M2KTHD1 DANA TAG BRACKET 1.00 M2RC DANA M2 LIGHT RED /CLEAR 1.00 P32F2RB DANA 4'EXT LED DRIVEIWARN RIB 1.00 PREPAID LABOR INSTALL POLICE PKO 10.00 THIS IS NOT AN INVOICE Pape: 1 Ext Total N 109.90 16.60 93.49 N 1,299.99 105.00 1.104.99 N 129.99 19.50 110.49 N 60.99 9.15 51.84 N 1.059.99 159.00 900.99 N 719.97 108.00 611.97 N 219.95 32.99 186.96 N 649.00 97.35 551.05 N 174.00 26.10 147.90 N $5.95 8.54 48.41 N 174.00 20.10 147.90 N 599.00 89.65 509.15 Y 1,250.00 0.00 1,250.00 Retail Total: 6,503.82 Discount Tolat Total: 7 715.T4 C BRUCE ROSSMEYERPS XO:3 POLICE & FLEET SALES Barry T. Kuhnly Manager June 8,2018 Major Donald Hagan Okeechobee Police Department 50 SE tad Avenue Okeechobee, FL 34974 Dear Major Hagan: Thank you for taking the time from your busy schedule to speak with me and discuss topics of mutual interest regarding the use of Harley-Davidson police motorcycles in law enforcement. Please consider this letter as a follow -tip to our conversation and an open proposal offered for your review and consideration regarding possible next steps. Rossmeyer Daytona Motorcycles, Inc. DBA Bruce Rossmeyer's Daytona Harley- Davidson, 1637 North US Highway 1, Ormond Beach, FL 32174 has been awarded the 2018 Florida Sheriff's Association State Contract, (FSA17-VEL25.0)) for the purchase of Harley-Davidson police motorcycles. Their site can be accessed by going to www.flshetiff§.org. Pages 126-137. This is our 20'h year of this award. Please accent the following quote. 2019 FLHP Road King (Southern District) $18,000.00 Solid black in color NIC One time start up agency discount -1,000.00 Total Base Price $17)000.00 Daytona Harley-Davidson - 1637 North US Hwy I - Ormond Beach, FL 32174 Cell: 954.257.2073 - Fax: 386.671.7077 - E-mail: bkuhnly@brhd.com The following is a list of additional items as per your specifications. 54180-10 Black HD Light box 1300 68000137 Wiring kit 61 53196-09 Adapter plate 110 65989-97C Auxilliary battery 130 140553 Three outlet power supply mounted inside box 35 69941-10 Red/Blue split for box (3) (240) 720 M05ZJ W/S light array (B/R/B/R/B) 750 FDFP11 JR Red/Blue split with white driving light (2) (250) 500 6900057 Siren, amplifier, microphone 1060 M2J Red/Blue split (2) (185) 370 M2KTHD 1 License plate bracket 35 BAL2 Programmable rear brake light 250 Total parts 5321 Less 20% 1064 Total parts 4257 Labor 813 Total parts and labor 5070 Total for bike, solid black in color and police emergency equipment $22,070 Please note that this quote is for a 2019 model year motorcycle at the 2018 model year price. Thanking you in advance, Barry T Kuhnly Manager, Police and Fleet Sales Rossmeyer Daytona Motorcycles, Inc. DBA Bruce Rossrneyer's Daytona Harley-Davidson 1637 North US Highway 1 Ormond Beach, FL 332174 Phone: 954-257-2073 Email: bkuhnly@brhd.com ALLIGATOR ALLEY HARLEY DAVIDSON 201 International Parkway Sunrise, FL. 33325 954-414-4135 QUOTE Harley-Davidson FLHP Model Year 2019: $ 15,711.00 Doc/Prep/Setup $1,710.00 Total $17,421.00 Model Code 1FMC1H-D0M - Color: black 1. 54180-10 Police Tour Pak for LED's $1,299.95 2. 68000137 Tour Pak Wiring Adaptor Kit $ 60.01 3. 53196-09 Tour Pak Adaptor Plate $ 109.95 4. 65989-97C Auxiliary Battery $129.95 S. 69940-10 Tour Pak LED Split /Blue (3 required) $ 719.85 6. 69000057 Emergency Response Kit $ 1,059.95 7. Whelen Par 36 2E*OOZ*R Blue/Blue $ 190.00 8. M2B/M2B Whelen License Plate Lights (1) Blue / (1) Blue $ 348.00 9. M2KTHD1 Whelen License Plate Light Mounting Bracket $ 36.00 10. M06MB Whelen Windshield Light Array (2) Blue / (3) Blue $ 767.00 CA Total $4720.66 Less 15% $708.10 Grand Total Parts $4012.61 Labor to install above equipment 18 hours @95.00 approximate $1,710,00 . TOTAL $5722.56 Bike $17,421.00 Total for Bike, parts and labor $23,143.66 Exhibit 10 Oct 16, 2018 .0F•okFfr0 PURCHASE REQUISITION 0 ,? m CITY OF OKEECHOBEE o _ 0 55 S.E. Third Avenue - Okeechobee, FL 34974-2903 ~�* Tel: 863-763-3372 Fax: 863-763-1686 TO: APPLIED CONCEPTS 855 E. COLLINS BLVD RICHARDSON, TX 75081 THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCIJRFMFNT MANA[:FMFNT SHIP TO: Req. No. 16551 Important: This number must be shown on all invoices, packages, cases, tickets and correspondence. City of Okeechobee - Police Dept. 50 SE 2nd Avenue Okeechobee, FL 34974 INVOICE IN DUPLICATE: DATE VENDOR NO. I DELIVERY DATEI SHIP VIA BEST WAY F.O.B. DEST. TERMS 10/3/2018 ITEM NO ACCT. NUMBER QUANTI UNIT I DESCRIPTION UNIT AMOUNT STALKER MOBILE ROADSIDE RADAR WITH S�f`I TRAILER, TOW HARNESS 1 304�6400 AND SPARE TIRE 11729 $23,458.00 S/H $1,000.00 TOTAL $24,458.00 ui i T ur unttunutstt IJ LAtMr I I-KUM FtutKAL EAU[St AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST.. STATE SALES TAX EXEMPTION NO. 85-8012621656C-6 FEDERAL I.D. NO 59-60000-393 AU HORIZED SIGNATURE SEE SOLE SOURCE LETTER ❑ PARTIAL ❑ FINAL QUOTE rs �r 1A A Am'"Lest FAW /3 # 2015527 applied concepts, inc. Page 1 of 1 855 E. Collins Blvd National Toll Free: 1-800- STALKER Date: 10/03/18 Richardson, TX 75081 Phone: 972-398-3780 Dan Troutt Scott Berry Fax: 972-398-3781 Inside Sales Partner 1 972-80 14888 Reg Sales Mgr: 1 972-837.5129 Effective From : 02/08/2018 Valid Through: 01/03/2019 Lead Time: 32 working days Bill To: Customer ID: 349741 Ship To: UPS Ground Okeechobee Police Dept Okeechobee Police Department 50 SE 2nd Ave Accounts Payable 50 SE 2nd Ave Lieutenant Justin Bernst Okeechobee, FL 34972-2907 Okeechobee, FL 34972-2907 Grp Package Description Wrnty/Mo Price Ext Price City 1 2 ,p 821-1000-00 Stalker SAM Trailer 1 24 1 1 $6,905,00 1 $13,810.00 Ln city Part Number Description Price Ext Price 1 2 015-2532-59 [253259] SAM Trailer with Top Display $0.00 2 2 200-0880-57 Traffic Statistics Sensor w/2-Comm Ports, USB, $0.00 3 2 015-5345-00 [274714] SAM Trailer Solar Panel $815.00 $1,630.00 4 2 015-2328-62 [232862] Red LED Light Bar-SAM/SAM-R $135.00 $270.00 5 2 015-2354-40 [235440] Blue LED Light Bar-SAM/SAM-R $135.00 $270.00 6 2 015-5603-00 [275565] Trailer Wheel Lock $159.00 $318.00 7 2 200-1173-00 Stalker Traffic Analyst App, Thumb Drive. Manual $499.00 $998.00 8 2 006-0569-00 Certificate of Accuracy, Speed Sensor 11 $0.00 9 2 060-1000-24 24-Month Warranty $0.00 10 2 015-1436-00 [271672) Trailer Coupler Lock $105.00 $210.00 11 2 015-2480-66 GX400 Modem, Wireless 4G $1,249.00 $2,498.00 12 2 015-2662-16 Annual Web Access Service - Unlimited Polling $749.00 $1,498.00 13 2 015-2703-29 [270329] SAM 4D Deep Cell Battery $369.00 $738.00 14 2 015-2712-64 SAM Trailer Safety Chain $20.00 $40.00 15 2 015-2713-16 SAMISAM-R AC Battery Charger, 8-10amps $128.00 $256.00 16 2 015-2723-59 SAM Trailer Tow Harness $53.00 $106.00 18 2 015-5576-00 [274784] SAM Trailer Spare Tire $249.00 $498.00 19 2, 015-5592-00 . [270053] Vandalism Deterrent for SAMISAM-R 1 $159.00--1 $318.00 Group Total $23,458.00 Product $23,458.00 Sub -Total: $23,458.00 Discount $0.00 Sales Tax 0% $0.00 Shipping & Handling: $1,000-00 Payment Terms: Net 30 days Total: USD $24,458.00 001 This Quote or Purchase Order Is subject In all respects to the Terms and Conditions detailed at the back of this document. These Terms and Conditions contain limitations of liability, waivers of liability even for our own negligence, and indemnification provisions, all of which may affect your rights. Please review these Terms and Conditions carefully before proceeding. ST, r4LXf/l' Sole Source for STALKER SAM/SAM-R (Speed Awareness Monitor) Trailers And Stalker MC36O (Message Center) Trailers Stalker Radar is the sole source supplier for the Speed Awareness Monitor (SAM & SAM-R) and the Message Center 360 (MC36O) trailers for Law Enforcement. All three trailers are manufactured by Work Area Protection, Inc. (formally Precision Solar Controls) located in Garland, Texas. Stalker Radar provides a customized version of the manufacturer's trailers with our speed sensor radar as standard and an optional Traffic Analyst Software package. Respectfully Submitted, Is0 9001 6&40 -@ Jan Achilles Sales Administrator applied concepts, inc. StalkerRadar.com I Registered to ISO 90012008 855 East Collins Boulevard I Richardson, Texas 75081 1972.398.3780 1 1-800-STALKER I Fax 972.398.3781 006-5031-00 Rev A 111018 Exhibit 11 Oct 16, 2018 EXTENSION OF LEASE AGREEMENT THIS EXTENSION OF LEASE AGREEMENT is entered into this 16th day of October, 2018, by and between the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ("CITY") and the BUSINESS DEVELOPMENT BOARD OF OKEECHOBEE COUNTY, INC. D.B.A. CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY, FLORIDA ("CHAMBER"). WITNESSETH WHEREAS, the parties previously entered into a Lease Agreement on March 24, 2012, whereby the CITY agreed to lease the premises and structures for the Chamber of Commerce building at 55 South Parrott Avenue, which lease term expired on March 31, 2017; and WHEREAS, said Lease provided for a right of renewal by the CHAMBER upon sixty days notice, which due to oversight did not occur; and WHEREAS, the CITY nevertheless intends to offer an extension of the Lease to the CHAMBER upon the same terms and conditions as in the original Lease, including the following: THAT this Lease is hereby extended for an additional term of 60 months commencing October 1, 2018, and expiring on September 30, 2023, unless earlier extended, modified or terminated. 2. THAT all original terms, conditions, covenants, agreements, and rental fees shall remain in full force and effect, and are incorporated herein by reference. 3. THAT for clarification, it is expressly understood that under the terms of the original Lease, which terms also apply in this extension, the CITY is responsible for all maintenance and repair of structural components of the building, being the parking lot, roof, soffit and stucco; that CHAMBER is responsible for maintenance and repair of all other normal maintenance and repairs such as plumbing, heating, electrical, air conditioning, windows, signage, etc. or normal wear and tear. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. AS TO THE CITY: ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney AS TO THE CHAMBER: WITNESSES: Witness Signature Printed Name: Address: Witness Signature Printed Name: Address: Dowling R. Watford, Jr., Mayor Date: Tabitha Trent, President Wayne Cunningham, Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing was executed before me this day of , 2018, by Tabitha Trent. President and Wayne Cunningham. Secretary, who are _ personally known to me or produced as identification. NOTARY PUBLIC, State of Florida Stamp/Seal: Page 1 of 1 r Exhibit 12 OF,O)r O� Oct 16, 2018 LL _ MEfillORANDUM ' 9 . TO: Mayor Watford & City Council DATE: October 5, 2018 FROM: City Clerk GamioteaA SUBJECT: Applications received to fill Council seat As instructed, advertisements were posted for residents to apply to be considered to fill a vacancy on the City Council for the seat currently held by Mr. Noel Chandler and for the specific period of November 20, 2018, through January 7, 2019. Only one application was received, it is from Mr. Chandler. Appointing him would allow him to finish the term of Office as a City Council Member of which he was required by Florida Statute, to resign from effective November 20, 2018, in order to run for a County Commission seat. However, since not elected the Council can consider him for this appointment. A motion would be needed to appoint Mr. Chandler to the Office of City Council, to serve from November 20, 2018, until January 7, 2019, or until his successor is elected and qualified. If appointed, Mr. Chandler will take his Oath of Office at a date and time to be determined by November 20. Thank you. i* CITY OF OKEECHOBEE 55 SE 3RD AVENUE • OKEECHOBEE • FLORIDA • 34974 - 863.763.3372 • CITYOFOKEECHOBEE.COM CITY COUNCIL APPOINTMENT APPLICATION FILLING VACANCY NOV. 20, 2018 THRU JAN. 73 2019 DEADLINE TO FILE APPLICATION: WHERE TO FILE: WHO CAN APPLY: SEPTn'1BEF' 26, 20"I8 B 1' -4l:S0 Pu17 OFFICE OF THE R,- "�' 'CLEME RESIM,ITS OF THE CI T I OF Or �CECI-I(C[E,1M N1UT SE s REGST RED VOTEIr, OF T I HE CI u J AT TIME OF IFIUlG APPUCAT10H Print CLEARLY or type all information. The information from this application will be used by the City Council in considering action on your appointment. The application MUST BE COMPLETED IN FULL. Answer "none, "'17ot applicable, "or 'NIA "where appropriate. Per Code Book Section 2-39, should any vacancy occur at any time in any elective office of the City of Okeechobee, whether by death, resignation, forfeiture, removal, or otherwise, said elective office shall be promptly filled by the appointment of a person who qualifies for a City Office, by a majority vote of the City Council. Said appointee shall hold the office for that period of time remaining in the office to which they are appointed, and until they are then elected in a general election, or their successor in office is duly elected and qualified. The City Council shall fill the vacancy, by majority vote at a duly advertised City Council meetinq within 60 days of the notice being published. APPLICANT'S FULL NAME LM FIRST: WOOLE: Chandler Noel A. EMAIL ADDRESS RESIDENCE ADDRESS 1007 SW 6th Avenue, Okeechobee, FL 34974 HOW LONG AT ADDRESS Years: 40+ MAILING ADDRESS same as above TELEPHONE/CELL PHONE 863-634-0646 ARE YOU AN US CITIZEN? t)Yes O No, explain: FLORIDA REGISTERED VOTER? E)Yes County Registered in: Okeechobee O No EDUCATION High School Name & Location: Year Graduated: Okeechobee High School 1965 POST SECONDARY EDUCATION College Name(s): Certificate/Degree(s) Awarded: Dates) Attended: MILITARY SERVICE Branch(es): Dates of Service: DlschameDote: US Navy 1966-69 1969 CURRENT OR MOST RECENT EMPLOYER B&B Site Development JOB TITLE/DESCRIPTION Truck Driver/Project Manager EMPLOYER ADDRESS 1505 South Parrott Avenue, Okeechobee, FL 34974 EMPLOYER TELEPHONE 863-763-6053 Page 1 of 4 L ARE YOU CURRENTLY EMPLOYED OR OGeneral Contractor OF3usiness Person OArchitect EVER BEEN EMPLOYED AS: Engineer OSub-Contractor QRealtor (MARK ALL THAT APPLY) 8AftorneyDoctor Surveyor QLay Person OUrban Planner 0Landscape Architect Other: Elected Official: City & County Have you ever been appointed to, or do you currently serve on, a citizen or community board for any agency or government? O No eO Yes, and list: AGENCY BOARD NAME POSITION DATEM Airboat Association of Okee President 1970's City of Okeechobee Tourist Development County City Liason Board Member Jan 2015-Current City of Okeechobee Economic Council City Liason Board Member Jan 2015-Current Are you now, or have you ever been, elected or appointed to any public office? O No 0 Yes, and list: LEVEL OF GOVERNMENT OFFICE TITLE DATE OF ELECTION TERM(S) City of Okeechobee City Council 1111994,1998, 2002, 2014 111995-11/2006,112015- Board of County Commission Commissioner 11/2006 11/2006-1112010 OUA Board Member Are you related to, or employed by, any City of Okeechobee employees or current elected officials? O No Q Yes, and list: NAME OF EMPLOYEEIELECTED OFFICIAL RELATIONSHIP/ASSOCIATION Can be provided upon request distant relatives, none that would fall under the nepotism laws Have you ever been found to be in violation of Florida Statutes Chapter 112, Part III "Code of Ethics for Public Officers and Employees"? Q No O Yes, and list: DATES) NATURE OF VIOLATION Have you ever been convicted of a FELONY, plead guilty or no contest, or entered into an agreement setting forth the terms leading to the reduction or dismissal of the charges? Q No OYes, and list: DATE(S) VIOLATION CrrY AND STATE ALL INFORMATION PROVIDED ON THIS FORM IS A PUBLIC RECORD. Information for certain individuals with a specific public records exemption can be withheld. In order to claim the exemption complete the following: Are you a current or former, the spouse of a current or former, or the child of a current or former sworn or civilian law enforcement personnel, certified firefighter, EMT, paramedic, code enforcement officer, or other covered employeeo who is exempt from public records disclosure under Florida Statute 119.071? Review list of other covered employees before responding. QNo ©Yes, and list: JOB TITLE OR COVERED POSITION TITLE RELATtONSHP Page 2 of 4 JA Describe any skills, experiences, interests, and/or background information about yourself. Include personal accomplishments that qualify you for the appointment. ffmore space is needed, please attach an additional page. See applicant for a verbal presentation. STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools, or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. I further understand all information provided becomes a matter of public record. Page 3 of 4 Ilk FINANCIAL DISCLOSURE REPORTING: I understand that should I be appointed to the City Council for the City of Okeechobee, I am required to complete and file a State of Florida Financial Disclosure Form 1 upon my appointment, annually, and a Financial Disclosure Form 1-Final upon my resignation/sunset of term. I further understand that I will be required to attend at least four hours of training in Ethics Law, Open Public Meetings/Sunshine Law, and Public Records Law training annually. PUBLIC RECORDS/OPEN MEETINGS LAWS: I understand and agree that should I be appointed to the City Council for the City of Okeechobee, I will comply with all State Statutes, Florida Administrative Code, and State Constitution regarding public records, records retention, public record requests, and the open public meeting requirements (Sunshine Law). I hereby acknowledge that I have read and understand each of the above statements. , Signature of Applicant: %%�(� �' (���� Date: n- /3 copy of Voter Registration Card attached OO Other covered jobs include current or former, their spouse, and children: correctional and correctional probation officers; juvenile probation officers, supervisors, detention superintendents and assistants; Department of Juvenile Justice: detention officers I and II, detention office supervisors, residential officers, residential officer supervisors I and II, counselors and supervisors, human services counselor administrators, senior human services counselor administrators, rehabilitation therapists, and social services counselors; certain personnel of: the Department of Children and Families; the Department of Health; the Department of Financial Services; and the Department of Revenue or local governments whose responsibilities include revenue collection and enforcement or child support enforcement; investigators or inspectors of the Department of Business and Professional Regulation; the Office of the Inspector General or internal audit department; justices of the Supreme Court; judges of the district court of appeals, circuit court, and county court; general and special magistrates, judges of compensation claims, administrative law judges of the Divisions of Administrative Hearings, and child support enforcement hearing officers; state attorneys and assistants, statewide prosecutors and assistants; public defenders and assistants, criminal conflict and civil regional counsel and assistants; guardians ad litem; human resource, labor relations, or employee relations directors and assistants, managers or assistant managers of any local government agency or water management district whose duties include hiring and firing employees, labor contract negotiations, administration, or other personnel -related duties; tax collectors; certain impaired practitioners and consultants; [see §119.071, Florida Statues]. RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3RD AVENUE, ROOM 100 OKEECHOBEE, FLORIDA 34974 Page 4 of 4 a Vczft flk m7rhVhUiu L�Lfl�t E AUMP 1fl1flPfflc7t1W7-lr7,rd' (Not for identification at the polls) YOUR NAME AND RESIDENCE ADDRESS: NOEL ,A CHANDLER 1007 SW 6TH AVE OKEECHOBEE FL, 34974 YOU $iILLVOTE AT: PRECINCT NO. $A%"RED HEART CATHOLIC CHURCH 06 901 SW 6TH ST DATE OF BIRTH REGISTRATION DATE - PARTY FLORIDA VOTER REGISTRATION NUMBER 'Sep/09/1946 Feb/15/1968 REP 106124936 WE m IMM N IT 21 55 2 3 Oke Cty SEE BACK OF CARD FOR IMPORTANT INFORMATION PRIOR TO ELECTION DAY. 4 E-Aiblot412 r-Y 4-1 2018 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE CHANDLER, NOEL A. CITY COUNCIL MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 1007 SW 6TH AVENUE WHICH I SERVE IS A UNIT OF: CITY COUNTY Ef CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY OKEECHOBEE OKEECHOBEE NAME OF POLITICAL SUBDIVISION: CITY OF OKEECHOBEE DATE ON WHICH VOTE OCCURRED MY POSITION IS: OCTOBER 16, 2018 d ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 86 - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I NOEL A. CHANDLER , hereby disclose that on OCTOBER 16 20 18 (a) A measure came or will come before my agency which (check one or more) X inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, ; inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of , which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: I am an applicant for the vacant Council Seat for the period of November 20, 2018 thru January 7, 2019. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(0, F.A.C.