The URL can be used to link to this page

2019-01-15412 `\�y.OF'OKFFCy LL T p r a AGENDA CITY OF OKEECHOBEE JANUARY 15, 2019, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 CALL TO ORDER - Mayor January 15, 2019, City Council Regular Meeting, 6:00 P.M. SUMMARY OF COUNCIL ACTION 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 Monica M. Clark Council Member Bob Jarriel Council Member Bobby Keefe 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. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required, Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. V. ELECTION OF MAYOR A. Open the floor to receive nominations for Mayor; after all nominations offered, close the floor. PAGE 'I OF 2 COUNCIL ACTION - DISCUSSION - VOTE Mayor Watford called the January 15, 2019, Regular City Council Meeting to order at 6:00 P.M. The invocation was offered by Pastor Don Hanna of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Absent (with consent; Maintenance Foreman Marvin Roberts in attendance) Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. The wording of New Business Item iX.A was amended as it does not require a motion. Item IX.0 was changed to Items IX.C.1 and C.2 with a revised exhibit 3. Item IX.E.13 was added. Mayor Watford opened the floor for public comment on matters not on the agenda; there werc none. Mayor Watford opened the floor to receive nominations for Mayor. Council Member Clark nominated Dowling R. Watford, Jr. No other nominations were offered. JANUARY 15, 2019 - REGULAR MEETING - PAGE 2 OF 7 413 AGENDA V. ELECTION OF MAYOR CONTINUED A. Open the floor to receive nominations for Mayor; after all nominations offered, close the floor continued. D, Motion to appoint one of the nominees to serve as Mayor, term being January 15, 2019, through January 5, 2021. COUNCIL ACTION' - DISCUSSION - VOTE Council Member Abney moved to close the floor for nominations; seconded by Council Member Keefe. _ VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Clark moved to appoint Dowling R. Watford, Jr. to serve as Mayor, term being January 15, 2019, through January 5, 2021 [or until their successor is appointed and qualified]; seconded by Council Member Jarriel. Council Member Keefe expressed his concerns with the appointment of Mayor being a two-year term. At his request, Clerk Gamiotea researched the history of the two-year appointment and found that the minutes of January 11, 1983, read "Council Member Watford moved that the Chairman/Mayor be appointed every two years and that for the next two-year term it be Edward W. Douglas, seconded by Council Member Knight. Motion Carried." When the City Charter was amended to an appointed Mayor, the revisions did not address the term. Council Member Keefe moved to amend the motion on the floor to appoint Dowling R. Watford, Jr. to serve as Mayor for a period of one year; seconded by Council Member Jarriel for discussion. Mayor Watford explained the two-year term provides for the position to be considered following the election cycle, and has provided continuity for the City. Council Member Keefe offered that a one-year term might allow Council Members who express the desire to serve as Mayor more of an opportunity to do so, and suggested it be an annual rotation cycle similar to the Board of County Commission's Chairperson appointment, Council Member Jarriel provided insight from his experience in that the second year of a two-year term is when an individual has gained the experience to do more. He would like to maintain the two-year term for Mayor. Council Member Abney echoed Mr. Jarriel sentiments. He added that he understood Council Member Keefe's point. Council Member Clark agreed it should remain a two-year term. VOTE ON MOTION TO AMEND: ____ _ WATFORD — NO ABNEY— No CLARK NO JARRIEL — No KEEFE— YEA MOTION To AMEND FAILED. There being no additional discussion, a vote was called for the original motion. VOTE ON ORIGINAL MOTION: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — No MOTION CARRIED. HE! JANUARY 15, 2019 - REGULAR MEETING - PAGE 3 OF 7 AGENDA VI. PROCLAMATIONS AND PRESENTATIONS A. Present a 30-year longevity service award and retirement plaque to John Paul "J.P." Zeigler, Police Department. COUNCIL ACTION - DISCUSSION - VOTE On behalf of the City, Mayor Watford and Police Chief Peterson presented Mr. John Paul "J.P," Zeigler with a Longevity Service Award in the amount of $750.00 and a framed cFrtificate which read, "In recognition of your 30-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from January 10, 1989 to January 10, 2019." He was also presented with a Certificate of Retirement that read: "Whereas, Mr. John Paul Zeigler fondly known as "J.P.," began his law enforcement career with the City of Okeechobee Police Department on January 10, 1989; and Whereas, J.P.'s initial assignment was as an Officer to the Road Patrol until October 1, 1999, when he was promoted to Corporal with the additional responsibility of being the Police Department liaison to the downtown businesses. On January 10, 2003, he was transferred to perform the duties of a Detective, until January 7, 2013, when he was reassigned to Road Patrol; and Whereas, no matter the position, J.P.'s commendable dedication and deep concern to protect and serve the citizens of the community is evidenced through several presentations at City Council meetings. We was awarded a Meritorious Service Award on September 5, 1995, for his brave efforts concerning a drowning victim. Special Recognition was given on October 19, 2010, for his excellent job performance in the apprehension of an armed robbery suspect. On March 6, 2012, he was presented with the Police Chief's Award as Police Department Employee of the Year for his life saving action on two occasions in 2011, putting himself in harm's way to protect citizens from a suicidal individual, and saving a young child from walking into oncoming traffic on North Parrott Avenue. Lastly, he was honored on June 16, 2015, with the State of Florida Life Saving Medal for his efforts in saving the life of a nine month old infant who was choking; and Whereas, J.P. was elected by his co-workers to represent their interests on the Police Officers Pension Plan Board of Trustees from 1996 through 2002. He also volunteered for many fundraisers including the City's Relay for Life Teams for the American Cancer Society and the Police Department's Children's Miracle Network events; and Whereas, education has been an important key to J.P.'s leadership role as he has served in the capacity of the Police Department's Law Enforcement Basic Course Instructor, Firearms Instructor, Grant Writer, and as a member of the Community Traffic Safety Team. Furthermore, he has obtained over 100 Certificates of Completion or Certifications for attending training sessions, continuing education classes, seminars, and conferences; and Whereas, during his tenure, J.P. has served under the guidance of Police Chiefs Larry Mobley, Rehmund "Buck" Farrenkopf, Dennis Davis, and Robert Peterson. Now, Therefore, this Certificate is being presented this 151h day of January, 2019; upon 30 years of faithful public service in recognition of J.P.'s Retirement as of January 22, 2019. Retirement is a time to look back with admiration, and look forward with anticipation. Your City family wishes you all the best on your next chapter in life!" Officer Zeigler graciously thanked the Council, past and present, for their continued support of his law enforcement career. He then recognized his wife Nancy, who was in attendance, and thanked her for the constant support she has given him during his tenure. JANUARY 15.2019 - REGULAR MEETING - PAGE 4 OF 7 415 AGENDA VII. MINUTES - City Clerk A. Motion to approve the Summary of Council Action for the December 18, 2018, Regular Meeting. VIII. WARRANT REGISTER - City Administrator A. Motion to approve the December, 2018 Warrant Register: General Fund..........................................................................$479,165.25 Capital Improvement Projects Fund ........................................$ 64,783.11 Public Facilities Improvement Fund ........................................$ 52,663.49 IX. NEW BUSINESS A. Information regarding the City of Okeechobee as a Gateway Community to the Florida Trail Association - Mayor Watford (Exhibit 1). 8. Motion to approve the sale of City Lots 18, 19, and 20, Okeechobee Commerce Center, to Karl Davis and/or Assignees - City Administrator (Exhibit 2). COUNCIL ACTION - DISCUSSION - VOTE Council Member Abney moved to dispense with the reading and approve the Summary of Council Action for the December 18, 2018, Regular Meeting; seconded by Council Member Clark. There was no discussion on this item. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Keefe moved to approve the December, 2018 Warrant Register in the amounts: General Fund, four hundred seventy-nine thousand, one hundred sixty-five dollars and twenty-five cents ($479,165.25); Capital Improvement Projects Fund, sixty-four thousand, seven hundred eighty-three dollars and eleven cents ($64,783.11); and Public Facilities Improvement Fund, fifty-two thousand, six hundred sixty-three dollars and forty-nine cents ($52,663.49); seconded by Council Member Jarriel. There was no discussion on this item. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Mayor Watford explained he met with representatives from the Florida Trail Association (FTA), who recently designated the City as a "Gateway Community." A brochure and map of the Florida Trail was distributed prior to the meeting. A gateway community is a City in close proximity to the Trail that offers accommodation, restaurants, grocery stores, and recreational opportunities. The Trail is approximately 1,400-miles long and runs from Big Cypress National Preserve to Pensacola Beach; more than 365,000 people hike the Trail each year. Gateway communities and their local businesses are featured on the Florida Trail website to provide hikers with up-to-date information. The FTA members will soon be contacting local business owners to place a Florida Trail sticker in their windows. This shows that accommodations are offered to hikers, whether it be a hiker food special, transportation to the business, a place for hikers to shed their pack, or a hiker discount in the store. This will help build the City's reputation among the hiking community. Anyone interested in more information can contact the City Administrator's Office, additional brochures will be available at the entrance of City Hall. No official action was required on this item. Council Member Clark moved to approve the sale of City Lots 18, 19, and 20 [Parcel Identification Numbers 3-15-37-35-0020-00000-0170, 3-15-37-35-0020-00000-017A, and 3-15-37-35-0020-00000-017B, Legal description being Lots 17, 17A, and 17B, CITY COMMERCE CENTER, Plat Book 7, Pages 10 through 14, Public Records of Okeechobee County] in the City of Okeechobee Commerce Center to Karl Davis and/or Assignees; seconded by Council Member Keefe. 416 _ JANUARY 15, 2019 a REGULAR MEETING - PAGE 5 OF % II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED B. Motion to approve the sale of City Lots 18, 19, and 20, Okeechobee Commerce Center, to Karl Davis and/or Assignees continued. C.1. Motion to approve an Agreement with Roger Azcona, PA for Code Enforcement Special Magistrate Services - City Attorney (Exhibit 3). ITEM ADDED TO AGENDA: C.2. Motion to adopt proposed Resolution No. 2019-01, establishing the rate of compensation for the Code Enforcement Special Magistrate - City Attorney (revised Exhibit 3). These lots were approved to be sold to Mr. Davis by action at the October 16, 2018, meeting. That transaction did not take place. The purchase price is the same, $120,000.00, In Section 23, Additional Terms, the following is addressed: Assignability; buyer or corporate entity of buyer, may assign this contract to an entity owned by one or more of the principals of Karl Davis, but buyer shall not be released from liability under this contract by said Assignment, This contract may not be otherwise assigned without the express written consent of Seller, which may not be unreasonably withheld. Buyer's potential plans for the property are an RV storage or additional construction material. Property will be fenced and landscaped. Buyer requests no five-year buyback by the City. During discussion, it was clarified that the last three sentences will be struck -through and language added that the buyer must commence development at the site, submit plans for the Technical Review Committee, and obtain development permits within five -years, and commence construction from date of deed. Should the development not happen within that time frame, the City will have right of first refusal to purchase the lots for the same amount as originally sold. Administrator MontesDeOca clarified that a real estate appraisal was not conducted on these specific lots. However, it was done on comparable ones. The transaction closing will be on or before April 18, 2019. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Clark moved to approve an Agreement with Roger Azcona, PA, for Code Enforcement Special Magistrate Services; seconded by Council Member Keefe. A revised exhibit three was distributed prior to the meeting. Attorney Cook explained the Agreement presented is similar to that prepared for the County Magistrate. Prior to finalizing this Agreement, he met with Finance Director Riedel and Administrator MontesDeOca to discuss insurance requirements. The services provided under this Agreement are covered by the City's current insurance policy. However, Mr, Azcona will hold the City harmless. Attorney Cook also highlighted the minimum compensation of at least one -hour, at a rate of $150.00 per hour, the same amount used for budgeting purposes. However, this is the initial compensation; the actual rate will be set by resolution (see next item), The term is two years, beginning on December 1, 2018, through November 30, 2020. _ VOTE: N�WATFORD •--YEA ABNEY —YEA CLARK •—YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Abney moved to adopt proposed Resolution No. 2019-01, establishing the rate of compensation for the Code Enforcement Special Magistrate; seconded by Council Member Jarriel. JANUARY 15, 2019 - REGULAR MEETING - PAGE 6 OF 7 417 AGENDA IX. NEW BUSINESS CONTINUED ITEM ADDED TO AGENDA: C.2. Motion to approve Resolution No. 2019-01 establishing the rate of compensation for the Code Enforcement Speral Magistrate continued, D. Consider the implementation of Council Comments at the end of each council meeting - City Administrator, E. Consider two-year appointments for the Mayor and City Council Members to serve as the City Liaison to various Boards/Committees - City Clerk (Exhibit 4). COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook read proposed Resolution No. 2019-01 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; ESTABLISHING COMPENSATION FOR CODE ENFORCEMENT SPECIAL MAGISTRATE, PROVIDING FOR AMENDMENTS THERETO; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Attorney Cook explained per Ordinance No. 1174 and No. 1175, a resolution was needed to adopt the rate of compensation for the Magistrate. He thanked the the Clerk's office for catching the oversight. Council Member Clark inquired about the possibility of adding a cost of living allowance into the rate of compensation. Attorney Cook responded the contractor usually requests changes and/or amendments during the renewal process. Cost of living increases are not generally provided in these types of agreements. However, should the City Council find they are addressing the matter often, it could be considered. VOTE: WATFORD - YEA ABNEY - YEA CLARK - YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. Council Member Jarriel moved to implement Council Comments at the end of each Council meeting; seconded by Council Member Clark. Council Members Abney, Clark, Jarriel, and Keefe supported having this opportunity at meetings, due to the constraints placed on them by the Sunshine law. Mayor Watford voiced his concerns of re-establishing this and the reasons why Mayor Kirk encouraged the Council to remove its practice in 1991. During the discussion, it was clarified that Council Members would not be putting matters before the body that require official action. This will be a time for discussion or updates. Should the Council find official action is required on a matter brought up for discussion; it will be deferred to the next agenda. There will not be a time limit, but can be addressed should it become a problem. Discussions should be kept to a minimum. If approved, the Council Comments section will be added to the February 5, 2019, agenda. Administrator MontesDeOca encouraged the Council to continue to contact his office to address problems and resolve issues. Agenda items are due by noon the second Friday prior to the Tuesday meeting. Additionally, matters requiring action can be requested to be added at the beginning of each meeting, under the item labeled, "Agenda and Public Comments." _ VOTE: _ �WATFORD - NO ABNEY - YEA CLARK -YEA JARRIEL - YEA KEEFE - YEA MOTION {.,ARRIED. Exhibit 4 was a memorandum from Clerk Gamiotea providing information on each entity, the type of appointment, meeting dates, and locations. Mayor Watford asked the Council to review the current appointed boards/committees list and express their willingness to continue to serve or request another board/committee. 418, JANUARY 15, 2019 - REGULAR MEETING - PAGE 7 OF 7 AGENDA IX. NEW BUSINESS CONTINUED E. Consider two-year appointments for the Mayor and City Council Members to serve as lire City Liaison to various Boards/Committees continued. Central Florida Regional Planning Board [Council] Treasure Coas: Regional League of Cities Treasure Coast Council of Local Governments Okeechobee County Healthy Start Coalition Okeechobee County Tourist Development Council Economic Council of Okeechobee Okeechobee Main Street (can be staff or Council) 8. Chamber of Commerce of Okeechobee County (can be staff or Council) 9. Okeechobee Historical Society 10. Battle of Okeechobee Re-enactment Committee 11. Shared Services of Okeechobee Executive Round Table (Mayor only) 12. Okeechobee County Juvenile Justice Council (Mayor only) ITEM ADDED TO AGENDA.: 13. Okeechobee Economic Development Corporation 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. TT ,�T: Lane Gamiotea, CMC, City Clerk Dowling R, Wafford, Jr, Mayor COUNCIL ACTION - DISCUSSION - VOTE The following appointments were made for a term of two years beginning January 15, 2019, through January 5, 2021, letters will be mailed from the City Clerk's Office notifying each entity of this action: Council Member Jarriel was appointed as the regular member and Council Member Keefe was appointed as the alternate, to represent the City on the Central Florida Regional Planning Council. Council Member Jarriel was appointed as the regular member and Council Member Abney was appointed as the alternate, to represent the City on the Treasure Coast Regional League of Cities board. Mayor Watford was re -appointed as the regular member and Council Member Abney was appointed as the alternate, to represent the City on the Treasure Coast Council of Local Governments board. Council Member Clark was appointed to represent the City on the Okeechobee County Healthy Start Coalition board. Council Members Clark and Abney were appointed to serve on the Okeechobee County Tourist Development Council board. Their names will be submitted to the Board of County Commissioners for official appointment. Council Member Clark was re -appointed as the City's liaison to the Economic Council of Okeechobee. Council Member Keefe was appointed as the City's liaison to Okeechobee Main Street. Public Works Director Allen was re -appointed as the City's liaison to the Chamber of Commerce of Okeechobee County. Mayor Watford was re -appointed as the City's liaison to the Okeechobee Historical Society. Mayor Watford was re -appointed as the City's liaison to the Battle of Okeechobee Re-enactment Committee. Mayor Watford was re -appointed to serve as the City's representative on the Shared Services of Okeechobee Executive Round Table board. Mayor Watford was re -appointed to serve as the City's representative on the Okeechobee County Juvenile Justice Council Okeechobee Economic Development Corporation: Council Member Abney expressed his interest in being the City's appointment to this Board. Currently, the City Administrator represents the City. The Administrator will be contacting Commissioner Burroughs to discuss the addition of a second City Appointee to this Board. This item will be discussed at the next meeting. There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 7:08 P.M. The next regular scheduled meeting is February 5, 2019. 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 i u-ti2.l c in the matter of ,.in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 2r2 1'-Lbl� 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 _:N_' 0Ai-6Q-12 aC f f AD Notary Public, State of Florida at Large A ,�O tPV PVg•, ANGIE BRIDGE MY COMMISSION # FF 976149 EXPIRES:Apd12Q 2020 Bonded Ulu Nalary public UndeMfLWs Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 3iF74 863-7 J� Cn g PUB=NO E t YODUHMME r M a nge1nSd,edWe NanlCE15HEREWMvmthatthe?ai'1.7n19ay dOl�nhee Qytbud bearmeted The netns�raY�+dmew or as mm Pam at ay �15 A��a 200jawdobaG fti$ The pbicBYMedaM battaid1be neybedtahedfiorn Wofda ednbm�rn a b, the arms the aY Abmtstramt fiu 7 332et%M ANY PERSON reDECaan,/�� ftW &m�edhg 4needdbenr sueavabatlmnemdoftthoenpwiotamlVaIsmabandtheremdkick the w�githe�N�reia=D6ab Act(/�,aM b waWas &A b/ Qe AG4' M needs spell to pat- % I h ft p mr adttieayamitOM:enobteramb%obatmdaysVr 60 �xy 86i-7i5i3iR e2 9t314. BEAMISEDffakd Ayouhlaidtosimanydo wxM�t�, AIM a tanstDthe mudhwppdtaappostbnt�arymnontlie gaiia � a mp/ dthednni WecyatsnMtbTbemtheay BByypt.�tr�;�trrOi7wFg R Wa1faQ, k .- _ 306122CN12(II�1D38' _ -� �.'' _ lj8 �atb �Ilhm�nr� CITY OF OKEECHOBEE 55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 JANUARY 15, 2019 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 I. CALL TO ORDER— Mayor: January 15, 2019, 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 Monica Clark Council Member Bob Jarriel Council Member Bobby Keefe 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. 4 V. VI. VII. ELECTION OF MAYOR A. Open the floor to receive nominations for Mayor; after all nominations offered, close the floor. B. Motion to appoint one of the nominees to serve as Mayor, term being January 15, 2019 through January 5, 2021. PROCLAMATIONS AND PRESENTATIONS A. Present a 30-year longevity service award and retirement plaque to J.P. Ziegler, Police Department. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the December 18, 2018 regular meeting. WARRANT REGISTER— City Administrator A. Motion to approve the December 2018 Warrant Register. General Fund $479,165.25 Capital Improvement Projects Fund $ 64,783.11 Public Facilities Improvement Fund $ 52,663.49 IX. NEW BUSINESS A. Motion to designate the City of Okeechobee as a Gateway Community to the Florida Trail Association — Mayor Watford (Exhibit 1). B. Motion to approve the sale of City Lots 18,19, and 20, Okeechobee Commerce Center, to Karl Davis and/or Assignees — City Administrator (Exhibit 2). C. Motion to approve an agreement with Roger Azcona, PA for Code Enforcement Special Magistrate Services — City Attorney (Exhibit 3). D. Consider the implementation of Council Comments at the end of each council meeting — City Administrator January 15, 2019 PAGE 2 of 3 ,r. IX. NEW BUSINESS CONTINUED E. Consider two-year appointments for the Mayor and City Council Members to serve as the City Liaison to various Boards/Committees — City Clerk (Exhibit 4). 1. Central Florida Regional Planning Board 2. Treasure Coast Regional League of Cities 3. Treasure Coast Council of Local Governments 4.Okeechobee County Healthy Start Coalition 5.Okeechobee County Tourist Development Council 6. Economic Council of Okeechobee 7.Okeechobee Main Street (can be staff or Council) 8. Chamber of Commerce of Okeechobee County (can be staff or Council) 9.Okeechobee Historical Society 10. Battle of Okeechobee Re-enactment Committee 11. Shared Services of Okeechobee Executive Round Table (Mayor only) 12.Okeechobee County Juvenile Justice Council (Mayor only) 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. January 15, 2019 PAGE 3 OF 3 City of Okeechobee, January 15, 2019 Meeting Minutes taken during N Leting by Lane Gamiotea CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on January 15, 2019, at 6:00 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. OPENING CEREMONIES: The invocation given by Pastor Don Hanna, First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Wes Abney Present Council Member Monica Clark Present Council Member Bob Jarriel Present Council Member Bobby Keefe Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen Absent — Foreman Roberts in attendance IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. Item A doesn't require a motion, gave that to Robin wrong. Item C, will be C.1., C.2. add adoption of Resolution 2019-01. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford asked whether there were any comment cards presented for public comment. There were none. V. ELECTION OF MAYOR A. Watford opened the floor to receive nominations for Mayor; after all nominations offered, close the floor. Motionand second to nominate Dowling Watford. Abney and Keefe moved to close nominations Vote All Yea. B. Motion to appoint one of the nominees to serve as Mayor, term being January 15, 2019 through January 5, 2021. Council Member Clark moved to appoint Dowling R. Watford, Jr. to serve as Mayor, term being January 15, 2019, through January 5, 2021; seconded by Council Member Jarriel. Keefe, questioned 2 year terms versus why not a 1 year term. Lane did some. research Jan 11, 1983, shortly after going to an appointed mayor there was a motion and second by Watford and Knight to have it for two year terms and from that point on it has been for 2 years. Would like to discuss having that on an annual motion. Watford — would like to see that as an agenda item so that we know this is on the agenda. Traditionally we have made the appointments every two years. Keefe would a motion to amend the motion to make it a one year term. Watford yes you can. Keefe, one year term motion. Jarriel 2nd for discussion. MDO — whats that date? Page 1 of 6 Jan 7, 2020. DW — continuity part of our success, from out experience and you look at those mayors up there and that's one of our strong points. Keefe — your opinion of success of the reason why things may or may not have improved, people differ, give opportunity to see if theres more desire, rotated annually see citizen duties done more, goes beyond coordinating this meeting, some council members don't have the time to put toward the position of mayor. Two years is half way through a term. Bob — almost every board I've served on we had a 2 year term, second yr of my term was a plus, had the experience to do more, as many appointments as we have are also for 2 years. At this point id like to see it stay the same years. We're having a renewal every election. Wes — I have siniments as Jarriel, understand Keefe points but are you meaning a rotation or just a re -appointment. Keefe — think rotation among the council. 17 trustees and 51 directors, board is 5 members, once on board you move up and on there for 2 years, total 10 years. Motion to amend Vote: VOTE ON MOTION TO AMEND: WATFORD — NO ABNEY — No CLARK — NO JARRIEL — NO KEEFE — YEA MOTION TO AMEND FAILED. Any further discussion. None. VOTE ON ORIGINAL MOTION: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — No MOTION CARRIED. Watford — welcome new council members. V. PROCLAMATIONS AND PRESENTATIONS A. Present a 30-year longevity service award and retirement plaque to J.P. Zeigler, Police Department. On behalf of the City, Mayor Watford presented Mr. John Paul "J.P." Zeigler with a Longevity Service Award in the amount of $750.00 and a framed certificate which read, "in recognition of your 30-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from January 10,1989 to January 10, 2019." He was also presented with a Certificate of Retirement that read: "Whereas, Mr. John Paul Zeigler fondly known as "J.P.," began his law enforcement career with the City of Okeechobee Police Department on January 10, 1989; and Whereas, J.P.'s initial assignment was as an Officer to the Road Patrol until October 1, 1999, when he was promoted to Corporal with the additional responsibility of being the Police Department liaison to the downtown businesses. On January 10, 2003, he was transferred to perform the duties of a Detective, until January 7, 2013, when he was reassigned to Road Patrol, and Whereas, no matter the position, J.P.'s commendable dedication and deep concern to protect and serve the citizens of the community is evidenced through several presentations at City Council meetings. He was awarded a Meritorious Service Award on September 5, 1995, for his brave efforts concerning a drowning victim. Special Recognition was given on October 19, 2010, for his excellent job performance in the apprehension of an armed robbery suspect. On March 6, 2012, he was presented with the Police Chiefs Award as Police Department Employee of the Year for his life saving action on two occasions in'.2011, putting himself in harm's way to protect citizens from a suicidal individual, and saving a young child from walking into oncoming traffic on North Parrott Avenue. Lastly, he was honored on June 16, 2015, with the State of Florida Life Saving Medal for his efforts in saving the life of a nine month old infant who was choking; and Whereas, J.P. was elected by his co-workers to represent their interests on the Police Officers Pension Plan Board of Trustees from 1996 through 2002. He also volunteered for many fundraisers including the City's Relay for Life Teams for the American Cancer Society and the Police Department's Children's Miracle Network events; and Whereas, education has been an important key to J.P.'s leadership role as he has served in the capacity of the Police Department's Law Enforcement Basic Course Instructor, Firearms Instructor, Grant Writer, and as a member of the Community Traffic Safety Team. Furthermore, he has obtained over 100 Certificates of Completion or Certifications for attending training sessions, continuing education classes, seminars, and conferences; and Whereas, during his tenure, J.P. has served under the guidance of Police Chiefs Larry Mobley, Rehmund "Buck" Farrenkopf, Dennis Davis, and Robert Peterson. Now, Therefore, this Certificate is being presented this 15th day of January, 2019; upon 30 Page 2 of 6 years of faithful public service in recognition of J.P.'s Retirement as of January 22, Aketirement is a time to look back with admiration, and look forward with anticipation. Your City family wishes you all the best on your next chapter in life!" Accompanied by: VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the December 18, 2018, Regular Meeting. Council Member Abney moved to dispense with the reading and approve the Summary of Council Action for the December 18, 2018, Regular Meeting; seconded by Council Member Clark. DISCUSSION: WATFORD — YEA JARRIEL — YEA VOTE: ABNEY— YEA KEEFE — YEA VIII. WARRANT REGISTER — City Administrator A. Motion to approve the December, 2018 Warrant Register. General Fund $479,165.25 Capital Improvement Projects Fund $ 64,783.11 Public Facilities Improvement Fund $ 52,663.49 CLARK — YEA MOTION CARRIED. Council Member Keefe moved to approve the December, 2018 Warrant Register in the amounts: General Fund, four hundred seventy-nine thousand, one hundred sixty-five dollars and twenty-five cents ($479,165.25); Capital Improvement Projects Fund, sixty-four thousand, seven hundred eighty-three dollars and eleven cents ($64,783.11); and Public Facilities Improvement Fund, fifty-two thousand, six hundred sixty-three dollars and forty-nine cents ($52,663.49); seconded by Council Member Jarriel. WATFORD — YEA JARRIEL—YEA VOTE: ABNEY — YEA KEEFE — YEA CLARK — YEA MOTION CARRIED. IX. NEW BUSINESS A. Motion to designate the City of Okeechobee as a Gateway Community to the Florida Trail Association — Mayor Watford (Exhibit #1). Watford — map at your places to show the trail. 365,000 hikers on the trail each year. Okeechobee designated as the gateway community, which we didn't need a motion. On the website its not active but will show the local businesses to see where to get groceries, laundry, hiking store/supplies, they are going to be contacting those busiensses, have a decal for their business window and also be on the website. Another way to get our name out there. There's a detail on the trail because of work on the Kissimee River, normally follows the river, come through town right now because of this. Will give us some good recognition. Go on the website and see all the things they have on there. Inverness is another city on there. Robin has the contact information for the manager of this program if you want to get any more information. Deputy City Clerk hosting hikers that will be on the trail. Bobbie — freedom hike for veterans, hot meals, laundry, rides for them, supplies. Doing that next Monday. Page 3 of 6 B. Motion to approve the sale of Illy Lots 18, 19, 20, Okeechobee Commercl l;�nter, to Karl Davis and/or Assignees — City Administrator (Exhibit #2). Council Member Clark moved to approve the sale of City Lots 18, 19, and 20 (correct Lots are: 17, 17A, 17B), in the City of Okeechobee Commerce Center to Karl Davis and/or Assignees; seconded by Council Member Keefe. MDO — Lot numbers are incorrect, the parcel id numbers are correct. Remove undersigning and buy back that will be upon development. Will add those 2 items as an addendum. Sale is the same amount as before, appraisal from Lots to the north. ***Wes within 5 yrs no development we can buy back and within the 5 yrs it cannot be re -assigned. Watford —just RV storage? MDO — we don't know what they will do, this may be there item but they have to develop it, not held exactly to this. Watford — doesn't really create a lot of jobs, does get it on the tax roll. MDO — correct. 119144 WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. C. Motion to approve an agreement with Roger Azcona, PA for Code Enforcement Special Magistrate Services — City Attorney (Exhibit #3). Revised Ex 3. Council Member Clark moved to approve an Agreement with Roger Azcona, PA for Code Enforcement Special Magistrate Services; seconded by Council Member Keefe. Cook contract similar that Conley prepared for the County for the magistrate. One of the changes is he doesn't have malpractice insurance, errors or ommissions, India said we are covered unther the current policy. Roger will hold the city harmless. Don't anticipate that being a problem. The rest is regular terms, suggested compensation in contract and adopted by Resolution, in line with other cities, West Palm, Sebastian, so for attorneys fee schedule its fairly low but a fair number. Another difference in county contract, meetings go fairly quickly, to compensate the magistrate $150 for the first hour regardless of how long under that hour. The rest is billable by quarter hour. MDO - $150 we also used for the budget. Bob — whats the term? Keefe — 2 years. WATFORD — YEA JARRIEL — YEA VOTE: ABNEY — YEA KEEFE — YEA CLARK — YEA MOTION CARRIED. C.2. E Council Member Abney moved to approve Resolution No. 2019-01 establishing the rate of compensation for the Code Enforcement Special Magistrate; seconded by Council Member Jarriel. Attorney Cook read proposed Resolution No. 2019-01 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; ESTABLISHING COMPENSATION FOR CODE ENFORCEMENT SPECIAL MAGISTRATE; PROVIDING FOR AMENDMENTS THERETO; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Page 4 of 6 Cook — reason this is late, Bobbie & Lane caught this the ordinance amendments we did last year, states compensation to be adopted by resolution. If we want to change them we can easily. Clark — should we have cost of living increase built in to keep from having to bring back? Cook — typically with contracts you let them bring it to you. Abney — doesn't it have to be renewed in 2 years? Watford — resolutions are relatively easy for us to do, I don't think next year he will be asking for a cost of living increase. Clark — what about tying the contract to the resolution? Cook — typically its handled as is and either renew it and theres no paperwork. Watford — since new for us, try it for this time and if it gets to be a problem then readdress it. Keefe — are you trying to tye increases in salary to performance? Clark — trying to keep from 1 more item to come before the city council to approve. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. D. Consider the implementation of Council Comments at the end of each council meeting — City Administrator. MDO — Jarriel — add comment at end of every meeting; second by Clark. Watford — we will not be taking action on these items as its not an agenda item. Does everyone agree to that. Cook — informally or ? Watford each council member will be listed by name. Cook — time constrainst? Watford less is better if it gets to be out of hand they can move to limit the time. Keefe I would anticipate beign able to put some constraints on to put it off, we're all professionals, discuss and no action, its our ability to discuss things that our citizens bring to us. MDO — for clarification, next agenda, council comments listed in order after new business. Encourage council to continue to come to me and staff to handle problems, resolve issues. Cook — can remember times when council abused this. VOTE: WATFORD — No ABNEY— YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. E. Consider two-year appointments for the Mayor and City Council Members to serve as the City Liaison to various Boards/Committees — City Clerk (Exhibit #4). 1. Central Florida Regional Planning Council (two required, previous appointees: Ritter regular member, vacant alternate member). , Jarriel as regular, Keefe alternate 2. Treasure Coast Regional League of Cities (two required, previous appointees: Ritter regular member, Watford alternate member). Jarriel member and Abney alternate 3. Treasure Coast Council of Local Governments (previous appointee: Watford). Watford member and Abney alternate. Page 5 of 6 4. Okeechobee County Healthy Itart Coalition (previous appointee: Ritter). Monica Clark volunteered. 5. Okeechobee County Tourist Development Council (two required, previous appointees: Chandler and Clark). Clark requested to continue, Keefe and Abeny volunteered. Abney. 6. Economic Council (previous appointee: Clark). Clark volunteered to continue to serve. 7. Okeechobee Main Street (previous appointee: Watford). Keefe volunteered. 8. Chamber of Commerce of Okeechobee County (previous appointee: David Allen). MDO — David appointed, maintenance. Keefe already a Chamber Director/Board Member. 9. Okeechobee Historical Society (previous appointee: Watford). Watford remain. 10. Battle of Okeechobee Re-enactment Committee (previous appointee: Watford). Watford remain. 11. Shared Services of Okeechobee Executive Round Table (Mayor to serve). Watford. 12. Okeechobee County Juvenile Justice Council (Mayor to serve). Watford. 13. Okeechobee Economic Development Corporation (previous appointee: Administrator). MDO is already serving on several committees, have no issue serving. Wes I'd like to be on that board? Jennifer Tewksbury — the bylaws appointment from the city council or administrator, don't know about participation on committees. Watford — council member abney would like to serve on that. Would it be agreeable to discuss this with them? MDO — Abney — okay and get their direction, Watford — put it on the agenda for next time for official appointment. X. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:08 P.M. Page 6 of 6 City of Okeechobee, January 15, 2019 Meeting Minutes taken during be meeting by Bobbie Jenkins CALL TO ORDER: DW called the Regular City Council Meeting to order on January 15, 2019, at P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. II. OPENING CEREMONIES: The invocation given by Pastor Don Hanna, First United Methodist Church; the Pledge of Allegiance was led by III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Wes Abney Present Council Member Monica Clark Present Council Member Bob Jarriel Present Council Member Bobby Keefe Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen -Present Absen � Marvi ' ko ber f 5 'I��C n a4na IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items '1kj oon� "today's agenda. U Addition of Resolution 20119-01 to New Business Item IX.C.I 4 C.a� �X, /� r% Moon Raja, Add ow icon Oyu. Corp ID N 6 Ifem I X, F. (15) B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford asked whether there were any comment cards presented for public comment. Nbw rgCaj UCd . V. ELECTION OF MAYOR A. Open the floor to receive nominations for Mayor; after all nominations offered, close the floor. W-Nminab DW u- a KA -� MDV - AM �K Page 1 of 8 V.ELECTION OF MAYOR Conti 16ED B. Motion to annoint one of the nominees to serve as Mayor, term being January 15, 2019 through January 5, 2021. Council Member %bmoved to app in U�J to serve as Mayor, term being January 15, 2019, through January 5, 2021; seconded by Council Member m . 2�ear }erm vs. gnnu�l o.�p�: kw�e& u�1 Clerk '111 �83 nQ�hm o�ddreb�'d ih U�a►'�' � �rdin�r►�e. z r�crm. �+,tu arnQr1d ftv cat. -� an annu�.Ws+s. DuJ�t boafl�e' Su�o�Cs� �e an IMa them. - �ecf►on P.u� a�r.5 6K- MAM bt old oFoYder 9 arc m6fin h a"6 _b I moo- Mun VWd krM &d ? tow IQ- DW� adUon}ac� Ps (,�l�hnu�rr Oa� Kirk 28�:s P%w suUIsS. VOTE: WATFORD—YEA ABNEY—YEA CLARK—YEA JARRIEL—YEA KEEFE—YwNO C OTION CARRIED. VI. PROCLAMATIONS AND PRESENTATIONS A. Present a 30-year longevity service award and retirement plaque to J.P. Zeigler, Police Department. On behalf of the City, Mayor Watford presented Mr. John Paul "J.P." Zeigler with a Longevity Service Award in the amount of $750.00 and a framed certificate which read, "In recognition of your 30-years of service, hard work, and dedication to the City, its if ens, and your�ffe�llo/w., emRei ees from Jan ary 10,1989 to January 10, 2019." w I rf wf�hl�f eit h r d: "Whereas Mr. John Paul Zei ler fondl known as "J.P. "be an his law e a oqa ted t �acate o R t ement t at ea g y g enforcement career with the City of Okeechobee Police Department on January 10, 1989, and Whereas, J.P.'s initial assignment was as an Officer to the Road Patrol until October 1, 1999, when he was promoted to Corporal with the additional responsibility of being the Police Department liaison to the downtown businesses. On January 10, 2003, he was transferred to perform the duties of a Detective, until January 7, 2013, when he was reassigned to Road Patrol, and Whereas, no matter the position, J.P.'s commendable dedication and deep concern to protect and serve the citizens of the community is evidenced through several presentations at City Council meetings. He was awarded a Meritorious Service Award on September 5, 1995, for his brave efforts concerning a drowning victim. Special Recognition was given on October 19, 2010, for his excellent job performance in the apprehension of an armed robbery suspect. On March 6, 2012, he was presented with the Police Chiefs Award as Police Department Employee of the Year for his life saving action on two occasions in 2011, putting himself in harm's way to protect citizens from a suicidal individual, and saving a young child from walking into oncoming traffic on North Parrott Avenue. Lastly, he was honored on June 16, 2015, with the State of Florida Life Saving Medal for his efforts in saving the life of a nine month old infant who was choking; and Whereas, J.P. was elected by his co-workers to represent their interests on the Police Officers Pension Plan Board of Trustees from 1996 through 2002. He also volunteered for many fundraisers including the City's Relay for Life Teams for the American Cancer Society and the Police Department's Children's Miracle Network events; and Whereas, education has been an important key to J.P.'s leadership role as he has served in the capacity of the Police Department's Law Enforcement Basic Course Instructor, Firearms Instructor, Grant Writer, and as a member of the Community Traffic Safety Team. Furthermore, he has obtained over 100 Certificates of Completion or Certifications for attending training sessions, continuing education classes, seminars, and conferences; and Whereas, during his tenure, J.P. has served under the guidance of Police Chiefs Larry Mobley, Rehmund "Buck" Farrenkopf, Dennis Davis, and Robert Peterson. Now, Therefore, this Certificate is being presented this 15tn day of January, 2019; upon 30 years of faithful public service in recognition of J.P.'s Retirement as of January 22, 2019. Retirement is a time to look back with admiration, and look forward with anticipation. Your City family wishes you all the best on your next chapter in life!" a Accompanied by: WS (' �n Wf fod `s Su"QW6 S Wo W�� pfi VII. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the December 18, 2018, Regular Meeting. Council Member moved to dispense with the reading and approve the Summary of Council Action for the December 18, 2018, Regular Meeting; seconded by Council Member DISCUSSION: WATFORD — YEA JARRIEL — YEA VOTE: ABNEY — YEA KEEFE — YEA Vill. WARRANT REGISTER — City Administrator A. Motion to approve the December, 2018 Warrant Register. General Fund $479,165.25 Capital Improvement Projects Fund $ 64,783.11 Public Facilities Improvement Fund $ 52,663.49 CLARK — YEA MOTION CARRIED. Council Member moved to approve the December, 2018 Warrant Register in the amounts: General Fund, four hundred seventy-nine thousand, one hundred sixty-five dollars and twenty-five cents ($479,165.25); Capital Improvement Projects Fund, sixty-four thousand, seven hundred eighty-three dollars and eleven cents ($64,783.11); and Public Facilities Improvement Fund, fifty-two thousand, six hundred sixty-three dollars and forty-nine cents ($52,663.49); seconded by Council Member DISCUSSION: VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL—YEA KEEFE—YEA MOTION CARRIED. Page 3 of 8 1 i IX. NEW BUSINESS A. Motion to designate the City of Okeechobee as a Gateway Community to the Florida Trail Association — Mayor Watford (Exhibit #1). Coun I r ved to a e t o e obee's designation as a Gateway Community to the Florida Trail Assoc ti ; c d b ouncil e ha, �& as cil'l low J n�bye, was CL ob 3 afl wwa a V�p J B.+ Motion to approve the sale Ally Lots 18, 19, 20, Okeechobee Commerc2 l;Inter, to Karl Davis and/or Assignees — City Administrator (Exhibit #2). Council Member Gmoved to approve the sale of City Lot 17 17A, 17B, in the City of Okeechobee Commerce Center to Karl Davis and/or Assignees; seconded by Council Member,. Moo- Scmu eonirad- seen in 2a9. WSSf and 5�r 11w. YP�YIQUetj. dwdo wn� iD }Ipv II Dinbulbad lull/� 41 s used afF of dd a{apraud. plaad (fi) if U1�-bphm� to bud hacK UjinodeuelCrrwj2t uibn � Wd . kr1149� t�o�Sd�i�s�i+er�l owj # Vke I r VOTE: WATFORD — YEA ABNEY — YEA — JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Page 5 of 8 C. I Motion to approve an agreement with Roger Azcona, PA for Code Enforcement Special Magistrate Services — City Attorney (Exhibit #3). JC Col W sirau� 5 Psfak 00*atf- � eiD IV�sUf0ficQ. mf vil India mai 0a.ch ,orfrulv.v�f �"l b 0) ►A I � su &, S skd' Comp d1fir ) n 11 � fin, b &f�s I,UP►� a�ticu�� a�rf l u1-� YJua'ule. D&Mc.; � � ��n M.in � �I hr r ardl;�s of I� Inn 6r I hour. �ud Council Member moved to approvea Agreement with Roger Azcona, PA for Code Enforcement Special Magistrate Services; seconded by Council Member. VOTE: WATFORD — YEA ABNEY — YEA LA1�K— YE //�� .IARRIEL — YEA KEEFE — YEA OTION CARRIED l�•� Attorney Cook read proposed Resolution No. 2019-01 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; ESTABLISHING COMPENSATION FOR CODE ENFORCEMENT SPECIAL MAGISTRATE, PROVIDING FOR AMENDMENTS THERETO; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Council Member moved to approve Resolution No. 201 -0 establishing the rate of compensation for the Code Enforcement Special Magistrate; seconded by Council Member. 0�6 ut '�y Dep 8 & 9 "t. mc- �n ?Ioabu bud i r&S cm be 0- fi rffim vfraa_ s ruv�-ray. ftz L�s Mc- WbIUMfi Vk fie -IUD jc- ica do no s 0kfih VOTE: WATFORD — YEA JARRIEL — YEA ABNEY — YEA KEEFE — YEA gLU-c.r.-Y MOTION CARRIED., Page 6 of 8 D. Consider the implementation of Uouncil Comments at the end of each coupli Leting — City Administrator. Mho- TM (' K5 kw b f�u of �5 Mote f add IV 2nd ftbir 'Dw. nbf be obu ark6ns on Os Puy kcu-(stm JC- WR4M Ice �MOAJI? +►� IN r 4eO 7 DW - Liss s 12e*r I�►opf vv)w lye 4w bK- Ou�.ti cue or r�s�ra,�i� �� cuss r� I�DQ- (� a 00 UH 5 bq G discuss I'ra"d -� ME- fird 4.kqfid dUsU SNu. L je- �Pn* S iks Pf W ks 6wwd- VOTE: WATFORD A ABNEY — YEA CLARK — YEA JARR1EL — EA KEEFE — YEA OTION CARRIE . Page 7 of 8 E. Consider two-year appointments for the Mayor and City Council Members to serve as the City Liaison to various Boards/Committees — City Clerk (Exhibit #4). 1. Central Florida Regional Plannirr�g Council (two required, previous appointees: Ritter regular member, vacant alternate member). MDD WC15 191 aK- AI+ 2. Treasure Coast Regional League of Cities (two required, previous appointees: Ritter regular member, Watford alternate member). �� Vv►I 3. Treasure Coast ouncil of Local Governments (previous appointee: Watford). 'JUG- Vol WA- 0. 4. Okeechobee County Healthy Start Coalition (previous appointee: Ritter). mc- 5. Okeechobee pt ty Tourist Development Council (two required, previous appointees: Chandler and Clark). mc—" UJPr 6. Economic Council (previous appointee: Clark). mc_ 7. Okeechobee Main Street (previous appointee: Watford). holS[m- nDn U0f 1Y1 R)K 8. Chamber of Commerce of Okeechobee County (previous appointee: David Allen). DwdvM fams 9. Okeechobee Historical Society (previous appointee: Watford). Dw 10. Battle of Okeechobee Re-enactment Committee (previous appointee: Watford). DW 11. SM hared Services of Okeechobee Executive Round Table (Mayor to serve). 12. Okeechobee County Juvenile Justice Council (Mayor to serve). DW 13. Okeechobee Economic Development Corporation (previous appointee: Administrator). I t Prim&uned ar m0a per 1by-10w9 UT)- Ss cus,s Iv 1bu rry s - en W1 l X. ADJOURNMENT - Mayor (i, . There being no further items on the agenda, Mayor (Jw adjourned the meeting at�'� P.M. Page 8 of 8 L4A" If, 1, 1,7 w;- 4i M fP- F -EL -:E I Z i I - I Al # SIZE: 12 X 15 WOOD PLAQUE, WITH BEVELED EDGE CITY SEAL: DONE 3-D & IN COLOR BLACK PLATE, ADD GOLD BOARDER & LETTERING IN GOLD (%FeCtificate of 3&etlrelne�t Office of the Mayor City of Okeechobee, Florida WHEREAS, Mr. John Paul Zeigler fondly known as "J.P.," began his law enforcement career with the City of Okeechobee Police Department on January 10,1989; and WHEREAS, J.P.'s initial assignment was as an Officer to the Road Patrol until October 1, 1999, when he was promoted to Corporal with the additional responsibility of being the Police Department liaison to the downtown businesses. On January 10, 2003, he was transferred to perform the duties of a Detective, until January 7, 2013, when he was reassigned to Road Patrol; and WHEREAS, no matter the position, J.P.'s commendable dedication and deep concern to protect and serve the citizens of the community is evidenced through several presentations at City Council meetings. He was awarded a Meritorious Service Award on September 5,1995, for his brave efforts concerning a drowning victim. Special Recognition was given on October 19, 2010, for his excellent job performance in the apprehension of an armed robbery suspect. On March 6, 2012, he was presented with the Police Chief's Award as Police Department Employee of the Year for his life saving action on two occasions in 2011, putting himself in harm's way to protect citizens from a suicidal individual, and saving a young child from walking into oncoming traffic on North Parrott Avenue. Lastly, he was honored on June 16, 2015, with the State of Florida Life Saving Medal for his efforts in saving the life of a nine month old infant who was choking; and WHEREAS, J.P. was elected by his co-workers to represent their interests on the Police Officers Pension Plan Board of Trustees from 1996 through 2002. He also volunteered for many fundraisers including the City's Relay for Life Teams for the American Cancer Society and the Police Department's Children s Miracle Network events; and WHEREAS, education has been an important key to J.P.'s leadership role as he has served in the capacity of the Police Department's Law Enforcement Basic Course Instructor, Firearms Instructor, Grant Writer, and as a member of the Community Traffic Safety Team. Furthermore, he has obtained over 100 Certificates of Completion or Certifications for attending training sessions, continuing education classes, seminars, and conferences; and WHEREAS, during his tenure, J.P. has served under the guidance of Police Chiefs Larry Mobley, Rehmund "Buck" Farrenkopf, Dennis Davis, and Robert Peterson. NOW, THEREFORE, this Certificate is being presented this 15th day of January, 2019; upon 30 years of faithful public service in recognition of J.P.'s Retirement as of January 22, 2019. Retirement is a time to look back with admiration, and look forward with anticipation. Your City family wishes you all the best on your next chapter in life! �� ow t��oad, ATTEST: (aimia&z Mayor City Clerk lU Aa y0 m s �• 1915 h Cityof Okeechobee Office of the City Clerk January 8. 2019 Mr. John Paul Ziegler 13671 Southwest 16th Drive Okeechobee, Florida 34974 Dear Mr. Ziegler: WOW, what an accomplishment, 30 Years of Service! It is with great pleasure that the Mayor and Council take time during the January 15, 2019, meeting to recognize your contributions to the City. A presentation is being scheduled at the very start of the meeting, which begins at 6:00 p.m., to extend to you a longevity service certificate and a monetary award of $750.00. It is an honor for me to have the opportunity, along with the Mayor and Council, to extend to you, in most sincere good fellowship, "Congratulations," YOU have made a difference in the community by YOUR dedication to the City all these years. Should a scheduling conflict arise, please call my office, 763-3372 ext. 9814. We will be sure and give you a reminder call the day of the meeting. Feel free to invite family members and friends so that they, too, may share in this special occasion. Sincerely, Lane Gami ea, CIVIC City Clerk/Personnel Administrator LG/bj E-copy: Police Chief Peterson 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 - uL 1 rrr ��!'ltfftRte of � rttrPpl(` } P�,��, AMw �h� M Iti M u. �• v !} What is a Gateway Community? Your community! A Gateway Community is a city in close proximity to the Florida Trail that offers accommodation, restaurants, grocery stores, and recreational opportunities. The Florida Trail is a roughly 1,400-mile trail from Big Cypress National Preserve to Pensacola Beach; more than 365,000 hikers hit the trail every year! Getting Your Business Involved Keep Hikers Informed On our website (www.floridatraii.ora) we feature our Gateway Communities and the businesses that can be found there. Providing us with accurate information about your business and keeping your website up-to-date allows us to connect hikers to your business. Working Together We want to put your business on the map as a destination for nature tourism. Placing a Florida Trail sticker in your business window or having a safe place for a hiker to store their gear as they patron your business will help hikers and build your reputation among the hiking community. Offering Accommodations for Hikers Whether it be a Hiker Special of a burger and a drink, transportation to your business, a place for hikers to shed their pack, or a hiker discount in your store, providing these accommodations attracts hikers and invites them to come back and bring their friends! I ?.I Commercial Contract Exhibit 2 Jan 15, 2019 V 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 (Lot 18 ) & 7 3-15-37-35-0020-00000-017A (Lot 19) 3-15-37-35-0020-00000-017B (Lot 20) 8 and the following Personal Property: 9 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- Franke Weinberg a Black $ 5,000.00 13 ("Escrow Agent") (checks are subject to actual and final collection) 14 Escrow Agent's address: (561) 989-0700 Phone: 15 (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 January 17, 2019 , 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 April 18, 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 Buyer �) �) and Seller (_) (_) acknowledge receipt of a copy of this page, which is Page 1 of 8 Pages. CC-5 Rev 9117 02017 Florida Realtors® Serial#: 009138-700154-6908628 1 (1(-j i� Ili ! �) 1 ci i `•' Electronically Signed using eSignOnllne- I Session ID : 303e5397-a19d-4a3d-944c-22O992l5le93I A 0 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 70 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 ca acity to and will convey marketable title to the Property by ❑x statutory warranty 73 deed ❑ special warranty deed Li 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❑ (i) 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 9/17 Serial#: 009138.70015"908628 02017 Florida Realtors® I(1311'E'•�1313�?�l'a�l(�' Electronically Signed using eSignOnline" (Session 10 : 303e5397-e19dAa3d-944c-220992151e93I Upon expiration of Inspection period. k% 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 Seller's 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 0 Buyer will, at ❑ Seller's 0 Buyer's 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 title. 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 0 (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 Buyer's 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 attorneys' 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 Seller's prior written consent. In the event this transaction does not close, (1) Buyer will repair all damages to the Buyer" and Seller acknowledge receipt of a copy of this page, which is Page 3 of 8 Pages. CC-5 Rev 9117 02017 Florida Realtors" SedaW 009138-70015"908626 ; i 1 i i l i 31 i l j 7 1 c I; v Electronically Signed using eSignOnllne"' (Session ID : 303e5397a19d♦a3d-944o-220992151e93 ] 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 148 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. 166 (c) Documents: Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable 167 service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each 168 service contractor from Seller advising each of them of the sale of the Property and, if applicable, the transfer of its 169 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 (!�i ) ( and Seller �) (_) acknowledge receipt of a copy of this page, which is Page 4 of 8 Pages. CC-5 Rev 9/17 02017 Florida Realtors® Serial#: 009138-70015"908628 - 1;)IFIi, 1117f�1ic itr Electronically Signed using eSignOnllne" [ Session ID: 303e5397-a19d-4a3d-944c-220992151e931 N 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 I' 237 brokerage fee. Shall , kP 238 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may -e+f#ef-(1) 239 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 241k% oe-ifie- pQrfin�mance. 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. 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 attorneys' 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 �) and Seller () (_) acknowledge receipt of a copy of this page, which is Page 5 of 8 Pages. CC-5 Rev 9117 Seria I#: 009138-70015"908628 02017 Florida Realtors® k )1 111 -,11111)11C I I Electmnically Signed using eSlgnOnline" ( Session ID: 303e5397a19d4a3d-944c-220992l5le931 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. Alternatively, 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: 295 (Company Name) (Licensee) (Address, Telephone, Fax E-mail) 296 who ❑ is a single a ent ❑ is a transaction broker n has no brokerage relationship and who will be compensated by 297 ❑ Seller ❑ Buyer 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) (Licensee) 301 4257 Hwy 441 S, Okeechobee, �I RM 863-763-5253 7� (Address, Telephone, Fax, E-mail) Buyer (kJ ) (-) and Seller (_) (� acknowledge receipt of a copy of this page, which is Page 6 of 8 Pages. CC-5 Rev 9/17 02017 Florida Realtors® Sedal#:009138-700154-6908628 - - Electronlcally signed using eSlgnOnline" I session ID: 303e5397a19d-4a3d-944c-22O992l5le93 i F 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 ❑x Buyer ❑ both parties pursuant to Elan MLS offer of compensation ❑x 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 Li❑(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 Assignability; Buyer or corporate entity of buyer, may assign this contract to an entity owned by one or more of the 323 principals of Karl Davis, but buyer shall not be released from liability under this contract by said Assignment. This 324 contract may not be otherwise assigned without the express written consent of Seller, which may not be unreasonably 325 withheld. 326 327 Buyer's Potential plans for this property: RV Storage or Additional construction material. Property will be fenced In and 328 Landscaped. 329 Buyer requests no 5 year buyback by the city. 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 ( k�) ( 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@ SedaI#:009138.700154-6908628 Electronically Signed using eSignOnllne- [Session ID: 303e5397-al9d-4a3d-944c-22099215le93 ] 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 too do So. 7� 358 erlP s Date: 1/8/2019 (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 Date: (Signature of Seller) 367 City of Okeechobee, Dowling R. Watford, Jr. Tax ID No.: (Typed or Printed Name of Seller) 368 Title: Mayor Telephone: 369 Date: (Signature of Sella;) 370 Lane Gamiotea, CMC Tax ID No.: (Typed or Printed Name of.Salle;)- 371 Title: City Clerk 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 States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. Buyer (kP ) ( and Seller () ( acknowledge receipt of a copy of this page, which is Page 8 of 8 Pages. CC-5 Rev 9/17 SedaI#:009138-700154-6908628 Electmnicaly Signed using eSignOnllne" (Session ID : 303e5397-a19d-4a3d-944c-220992151e93 ] 02017 Florida Realtors° i4 ii tii',ltt!�;�t('111 Exhibit 3 Jan 15, 2019 INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is entered into this day of day of January, 2019, by and between CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ("CITY") and ROGER AZCONA of LAW OFFICE OF ROGER AZCONA, ESQUIRE ("SPECIAL MAGISTRATE"). WITNESSETH: WHEREAS, the CITY is a municipal corporation in the State of Florida, having a responsibility to provide certain services to benefit the citizens of the CITY and to promote, protect, and improve the health, safety, and welfare of the citizens of the CITY; and WHEREAS, the CITY is desirous of utilizing an attorney to serve as a SPECIAL MAGISTRATE to conduct code enforcement hearings; and WHEREAS, the powers and duties of the Code Enforcement SPECIAL MAGISTRATE are set forth in Chapter 18, Articles II and III of the Code of Ordinances of the City of Okeechobee; code enforcement procedures are set forth in Chapter 70, Article II, Division 8 of the City of Okeechobee Land Development Regulations; and WHEREAS, the SPECIAL MAGISTRATE is an attorney licensed to practice in the State of Florida, is currently a member in good standing of The Florida Bar, and is currently self- employed as the Law Office of Roger Azcona, Esquire. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants herein contained, the parties hereto agree as follows: Recitals. THAT the foregoing recitals are true and correct and constitute a material inducement to the parties to enter into this Agreement. Specific Provisions. THAT the parties hereby agree to the following specific provisions: A. General Scope of Services: The SPECIAL MAGISTRATE shall conduct scheduled code enforcement hearings in accordance with the above -referenced provisions of the City of Okeechobee Code of Ordinances, as may, from time to time, be amended. At the conclusion of the hearings, the SPECIAL MAGISTRATE shall immediately issue an order for each matter heard, containing findings of fact, based on the evidence of record, and conclusions of law, and shall order proper relief consistent with the powers granted to the SPECIAL MAGISTRATE. Additionally, the SPECIAL MAGISTRATE shall have the power to hear requests for reduction of accrued code enforcement fines, following which, the SPECIAL MAGISTRATE shall issue to the City Council, a report and recommendation as to a reduction request. The SPECIAL MAGISTRATE shall invite public comment at every hearing from the offender or any other interested person(s). B. Powers of SPECIAL MAGISTRATE: The SPECIAL MAGISTRATE shall have those powers set forth in the City of Okeechobee Code of Ordinances, as may, from time to time, be amended. Currently, those powers are enumerated as follows: (1) adopt rules for the conduct of hearings; (2) subpoena alleged violators and witnesses to its hearings; (2) subpoena evidence to hearings; (4) take testimony under oath; (5) issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance; and (6) hear requests for reduction of accrued code enforcement fines. C. Compensation: The SPECIAL MAGISTRATE shall be compensated for work completed at the hourly rate of $150.00 per hour. The CITY guarantees a minimum payment for the first one hour of the hearing, regardless of the actual time expended for the hearing. Should any session continue in excess of one hour, the compensation thereafter shall be computed at the rate of $37.50 for PAGE 1 of 6 W each quarter hour of hearing time. Additionally, the SPECIAL MAGISTRATE shall be compensated at the rate of $150.00 per hour for that time engaged in legal research, issuance of subpoenas, and administrative meetings with staff called by the CITY. There shall be no compensation for travel or per diem from the office/home of the SPECIAL MAGISTRATE to the site of the code enforcement hearing. It is contemplated, but not guaranteed, that there will be nine (9) code enforcement hearing dates per year. The SPECIAL MAGISTRATE shall maintain a time log indicating time expended for research/preparation/meetings/hearings and provide to the CITY along with the monthly invoices. -* D. Education: The CITY will fund periodic continuing legal education courses which are limited solely to code enforcement issues for the SPECIAL MAGISTRATE. The costs for such courses exclude overnight lodging, but include per diem travel and meals, in addition to registration fees. The amount to be funded shall be annually included in the CITY budget, at the sole discretion of the CITY. Reimbursement of Costs: The SPECIAL MAGISTRATE will be provided funds for issuance of subpoenas, but will not be reimbursed for any costs incurred in connection with the services provided in this Agreement that may occur in his office, such as document reproduction, telephone, staff expenses, or other overhead. F. Billing: A statement for legal services rendered and costs incurred shall be provided on a monthly basis, not later than the 15th day of each month for services rendered in the previous month. The SPECIAL MAGISTRATE will present an itemized bill, which identifies the hours billed for each task or issue. The CITY shall pay all invoices within thirty (30) days of receipt. Service statements shall be sent to the CITY at the address shown in paragraph 2.0) hereinbelow. G. Term: This Agreement shall be for a term of two (2) years, beginning on the 1st day of December, 2018, and ending on the 30th day of November, 2020. This Agreement may be renewed by both parties for additional terms of two years, upon such terms as agreed upon. H. Termination. 1) Termination at Will: This Agreement may be terminated by either party at any time without cause by the giving written notice to the other party not less than ninety (90) days prior to the date of termination; provided, that this provision shall not be construed to relieve either party from its rights or obligations of this Agreement through the date of the actual termination. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2) Termination for Cause: This Agreement may be terminated by either party for cause by the CITY or SPECIAL MAGISTRATE giving written notice to the other party no less than 15 days prior to the date of termination; provided, that this provision shall not be construed to relieve either party from its rights or obligations of this Agreement through the date of the actual termination. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Notices. All notices to the parties under this Agreement shall be in writing and sent certified mail to, or in person with proof of delivery to: 1) CITY: CITY OF OKEECHOBEE; Attention: City Administrator; 55 Southeast 3`d Avenue, Okeechobee, Florida 34974. 2) SPECIAL MAGISTRATE: ROGER AZCONA, Esquire, of LAW OFFICE OF ROGER AZCONA, ESQ.; 314 Northwest 4th Avenue, Okeechobee, Florida 34972. PAGE 2 of 6 General Provisions. THAT the parties hereby agree to the following general provisions: A. Representations of the SPECIAL MAGISTRATE. The SPECIAL MAGISTRATE represents that he has the technical expertise to perform the services contemplated by this Agreement in a timely and professional manner consistent with the standards of the legal profession. At all times the SPECIAL MAGISTRATE shall maintain his standing with the Florida Bar and immediately report to the City Administrator any disciplinary action or suspensions issued by the Florida Bar. B. Personal nature of Agreement; Assignment. The SPECIAL MAGISTRATE hereby warrants that he has the necessary technical expertise and training to perform his duties as outlined in this Agreement. The parties acknowledge that the CITY places great reliance and emphasis upon the knowledge, expertise and personal abilities of the SPECIAL MAGISTRATE. Accordingly, this Agreement is personal and the SPECIAL MAGISTRATE shall not assign, delegate, transfer, pledge, hypothecate, surrender, or otherwise encumber or dispose of any of his rights or duties under this Agreement. C. Indemnification and Hold Harmless Agreement 1) The SPECIAL MAGISTRATE shall indemnify and hold the CITY harmless from any and all claims, liability, losses and causes of action which may arise out of the actions of negligence, in whole or in part of the SPECIAL MAGISTRATE, in the fulfillment of this Agreement, including all costs and judgments which may issue thereon. The SPECIAL MAGISTRATE acknowledges and agrees that the compensation paid pursuant to this Agreement includes consideration for such indemnification. 2) The indemnification provisions of this paragraph shall survive the termination of this Agreement. D. Sovereign Immunity. Nothing in this Agreement extends, or will be construed to extend, the CITY'S liability beyond that provided in Section 768.28, Florida Statutes. Nothing in this Agreement is a consent, or will be construed as consent, by the CITY to be sued by third parties in any matter arising out of this Agreement. E. Professional Independence of the SPECIAL MAGISTRATE. It is understood and agreed that the SPECIAL MAGISTRATE is not, and will not be deemed to be, an employee, joint venturer, or partner of the CITY. The SPECIAL MAGISTRATE is, and shall remain, an independent professional with respect to all services performed under this Agreement. No partnership relationship between the CITY and the SPECIAL MAGISTRATE is created or intended by this Agreement. The CITY shall rely on the discretion of the SPECIAL MAGISTRATE in the issuance of code enforcement orders, keeping in mind the intent of the CITY to strictly enforce all CITY codes, with the ability to permit limited exceptions in cases of hardship. F. Conflicts 1) In the event a conflict arises between clients of the SPECIAL MAGISTRATE and the CITY, the SPECIAL MAGISTRATE shall immediately advise the City Administrator of such conflict and resign from such conflicting representation. 2) The SPECIAL MAGISTRATE shall not represent other clients in an adversarial position to the CITY while serving as a SPECIAL MAGISTRATE. G. Records; Access. 1) The legislature has amended Chapter 119 Florida Statutes, Section 119.0701 thereof, to expand the obligation of local government to include into all PAGE 3 OF 6 Agreements certain language that relates to public records, which is made a part of this Agreement. IF THE SPECIAL MAGISTRATE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SPECIAL MAGISTRATE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE CITY OF OKEECHOBEE AT: CITY CLERK'S OFFICE 55 S.E. 3RD Avenue Okeechobee, FL. 34972 (863) 763-3372 ext. 9814 Igamiotea@cityofokeechobee.com 2) The SPECIAL MAGISTRATE shall adhere to Florida public records laws, including the following: a) Keep and maintain public records required by the CITY to perform the services, and upon request of the custodian of records for the CITY, provide the CITY with a copy of the requested records or allow the records to be copied or inspected within a reasonable time at a cost that does not exceed the cost allowed in Chapter 119 or as otherwise provided by law. b) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement term and following completion of the Agreement if the SPECIAL MAGISTRATE does not transfer the records to the CITY. c) Upon completion of the Agreement, transfer, at no cost, to the CITY all public records in possession of the SPECIAL MAGISTRATE or thereafter keep and maintain public records required by the CITY to perform the service. If the SPECIAL MAGISTRATE transfers all public records to the CITY upon completion of the Agreement, the SPECIAL MAGISTRATE shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SPECIAL MAGISTRATE keeps and maintains public records upon completion of the Agreement, the SPECIAL MAGISTRATE shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request of the City Clerk, in a format that is compatible with the information technology systems of the CITY. 3) Noncompliance: a) A request to inspect or copy public records relating to the CITY'S Agreement for services must be made directly to the CITY. If the CITY does not possess the requested records, the CITY shall immediately notify the SPECIAL MAGISTRATE of the request, and the SPECIAL MAGISTRATE must provide the records to the CITY or allow the records to be inspected or copied within a reasonable time. A reasonable time is defined as within eight (8) business days. b) If the SPECIAL MAGISTRATE does not comply with the request of the CITY for the records, the CITY shall enforce the Agreement provisions in accordance with the Agreement. c) If the SPECIAL MAGISTRATE fails to provide the public records to the CITY within a reasonable time, the SPECIAL MAGISTRATE may be subject to the penalties under Chapter 119.10. 4) Civil Action. PAGE 4OF6 a) If a civil action is filed against a SPECIAL MAGISTRATE to compel production of public records relating to the CITY'S Agreement for professional services, the court shall assess and award against the SPECIAL MAGISTRATE the reasonable costs of enforcement, including reasonable attorney fees, If: 1. The court determines that the SPECIAL MAGISTRATE unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the SPECIAL MAGISTRATE has not complied with the request, to the CITY and to the SPECIAL MAGISTRATE. b) A notice complies with the above if it is sent to the custodian of public records for the CITY and to the SPECIAL MAGISTRATE at the SPECIAL MAGISTRATE's address listed on its Agreement with the CITY, or to the SPECIAL MAGISTRATE's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. c) A SPECIAL MAGISTRATE who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. H. Non -Discrimination. The SPECIAL MAGISTRATE shall assure that no person shall, on the grounds of race, color, creed, national origin, handicap, or sex, be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any activity under this Agreement. The SPECIAL MAGISTRATE shall take all measures necessary to effectuate these assurances. Severability. That, should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. Construction. Should any provision of this Agreement be subject to judicial interpretation, it is agreed that the court interpreting or considering such provision will not apply the presumption or rule of construction that the terms of this Agreement be more strictly Agreement through review by their respective counsel, if any, and/or the negotiation of specific language, and, therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. K. Compliance with Laws. The SPECIAL MAGISTRATE, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. Amendment. No modification, amendment, or alteration in the terms or conditions of this Agreement will be effective unless contained in a written document executed with the same formality as this Agreement. M. Waivers. Failures or waivers to enforce any covenant, condition, or provision of this Agreement by the parties, their successors and assigns shall not operate as a discharge or, invalidate, such covenant, condition, or provision, or impair the enforcement rights of the parties, their successors and assigns. N. Attorney's Fees. In the event of any litigation to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees PAGE 5 OF 6 and costs which are directly attributed to such litigation both at the trial and appellate level. O. Complete Agreement. This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The SPECIAL MAGISTRATE recognizes that any representations, statements or negotiations made by the CITY staff do not suffice to legally bind the CITY in a contractual relationship unless they have been reduced to writing, authorized, and signed by an authorized CITY representative. The Agreement shall bind the parties, their assigns, and successors in interest. P. Headings. All headings are for clarification only and are not to be used in any judicial construction of this Agreement or any paragraph. Q. Law; Venue. This Agreement shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in Okeechobee CITY, Florida. 4. Special Provisions. A. This Agreement shall be construed to be a non-exclusive requirements Agreement and shall not be deemed to prohibit the CITY from retaining additional SPECIAL MAGISTRATE(S) to render services simultaneously for the CITY. IN WITNESS WHEREOF, the parties hereto have executed this document on the date 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 PROFESSIONAL: Dowling R. Watford, Jr., Mayor Date: Roger Azcona, Esquire Law Office of Roger Azcona, Esq. SPECIAL MAGISTRATE Date: PAGE 6 OF 6 AMENDED 1 EXHIBIT #3 Jan. 15. 2019 INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is entered into this day of day of January, 2019, by and between CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ("CITY") and ROGER AZCONA of LAW OFFICE OF ROGER AZCONA, ESQUIRE ("SPECIAL MAGISTRATE"). WITNESSETH: WHEREAS, the CITY is a municipal corporation in the State of Florida, having a responsibility to provide certain services to benefit the citizens of the CITY and to promote, protect, and improve the health, safety, and welfare of the citizens of the CITY; and WHEREAS, the CITY is desirous of utilizing an attorney to serve as a SPECIAL MAGISTRATE to conduct code enforcement hearings; and WHEREAS, the powers and duties of the Code Enforcement SPECIAL MAGISTRATE are set forth in Chapter 18, Articles II and III of the Code of Ordinances of the City of Okeechobee; code enforcement procedures are set forth in Chapter 70, Article II, Division 8 of the City of Okeechobee Land Development Regulations; and WHEREAS, the SPECIAL MAGISTRATE is an attorney licensed to practice in the State of Florida, is currently a member in good standing of The Florida Bar, and is currently self- employed as the Law Office of Roger Azcona, Esquire. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants herein contained, the parties hereto agree as follows: Recitals. THAT the foregoing recitals are true and correct and constitute a material inducement to the parties to enter into this Agreement. 2. Specific Provisions. THAT the parties hereby agree to the following specific provisions: A. General Scope of Services: The SPECIAL MAGISTRATE shall conduct scheduled code enforcement hearings in accordance with the above -referenced provisions of the City of Okeechobee Code of Ordinances, as may, from time to time, be amended. At the conclusion of the hearings, the SPECIAL MAGISTRATE shall immediately issue an order for each matter heard, containing findings of fact, based on the evidence of record, and conclusions of law, and shall order proper relief consistent with the powers granted to the SPECIAL MAGISTRATE. Additionally, the SPECIAL MAGISTRATE shall have the power to hear requests for reduction of accrued code enforcement fines, following which, the SPECIAL MAGISTRATE shall issue to the City Council, a report and recommendation as to a reduction request. The SPECIAL MAGISTRATE shall invite public comment at every hearing from the offender or any other interested person(s). B. Powers of SPECIAL MAGISTRATE: The SPECIAL MAGISTRATE shall have those powers set forth in the City of Okeechobee Code of Ordinances, as may, from time to time, be amended. Currently, those powers are enumerated as follows: (1) adopt rules for the conduct of hearings; (2) subpoena alleged violators and witnesses to its hearings; (2) subpoena evidence to hearings; (4) take testimony under oath; (5) issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance; and (6) hear requests for reduction of accrued code enforcement fines. C. Compensation: The SPECIAL MAGISTRATE shall be compensated for work completed at the hourly rate of $150.00 per hour. The CITY guarantees a minimum payment for the first one hour of the hearing, regardless of the actual time expended for the hearing. Should any session continue in excess of one hour, the compensation thereafter shall be computed at the rate of $37.50 for each quarter hour of hearing time. Additionally, the SPECIAL MAGISTRATE PAW 1 of 6 ft shall be compensated at the rate of $150.00 per hour for that time engaged in legal research, issuance of subpoenas, and administrative meetings with staff called by the CITY. There shall be no compensation for travel or per diem from the office/home of the SPECIAL MAGISTRATE to the site of the code enforcement hearing. It is contemplated, but not guaranteed, that there will be nine (9) code enforcement hearing dates per year. The SPECIAL MAGISTRATE shall maintain a time log indicating time expended for research/preparation/meetings/hearings and provide to the CITY along with the monthly invoices. The rate of compensation is subiect to amendment by Resolution adoption of the CITY from time to time, at the discretion of the CITY. D. Education: The CITY will fund periodic continuing legal education courses which are limited solely to code enforcement issues for the SPECIAL MAGISTRATE. The costs for such courses exclude overnight lodging, but include per diem travel and meals, in addition to registration fees. The amount to be funded shall be annually included in the CITY budget, at the sole discretion of the CITY. E. Reimbursement of Costs: The SPECIAL MAGISTRATE will be provided funds for issuance of subpoenas, but will not be reimbursed for any costs incurred in connection with the services provided in this Agreement that may occur in his office, such as document reproduction, telephone, staff expenses, or other overhead. F. Billing: A statement for legal services rendered and costs incurred shall be provided on a monthly basis, not later than the 15th day of each month for services rendered in the previous month. The SPECIAL MAGISTRATE will present an itemized bill, which identifies the hours billed for each task or issue. The CITY shall pay all invoices within thirty (30) days of receipt. Service statements shall be sent to the CITY at the address shown in paragraph 2.1.1) herein below. G. Term: This Agreement shall be for a term of two (2) years, beginning on the 1st day of December, 2018, and ending on the 30th day of November, 2020. This Agreement may be renewed by both parties for additional terms of two years, upon such terms as agreed upon. H. Termination. 1) Termination at Will: This Agreement may be terminated by either party at any time without cause by the giving written notice to the other party not less than ninety (90) days prior to the date of termination; provided, that this provision shall not be construed to relieve either party from its rights or obligations of this Agreement through the date of the actual termination. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2) Termination for Cause: This Agreement may be terminated by either party for cause by the CITY or SPECIAL MAGISTRATE giving written notice to the other party no less than 15 days prior to the date of termination; provided, that this provision shall not be construed to relieve either party from its rights or obligations of this Agreement through the date of the actual termination. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Notices. All notices to the parties under this Agreement shall be in writing and sent certified mail to, or in person with proof of delivery to: 1) CITY: CITY OF OKEECHOBEE; Attention: City Administrator; 55 Southeast Td Avenue, Okeechobee, Florida 34974. 2) SPECIAL MAGISTRATE: ROGER AZCONA, Esquire, of LAW OFFICE OF ROGER AZCONA, ESQ.; 313 Northwest 4th Avenue, Okeechobee, Florida 34972. PACE 2 OF 6 3. General Provisions. THAT the parties hereby agree to the following general provisions: A. Representations of the SPECIAL MAGISTRATE. The SPECIAL MAGISTRATE represents that he has the technical expertise to perform the services contemplated by this Agreement in a timely and professional manner consistent with the standards of the legal profession. At all times the SPECIAL MAGISTRATE shall maintain his standing with the Florida Bar and immediately report to the City Administrator any disciplinary action or suspensions issued by the Florida Bar. B. Personal nature of Agreement; Assignment. The SPECIAL MAGISTRATE hereby warrants that he has the necessary technical expertise and training to perform his duties as outlined in this Agreement. The parties acknowledge that the CITY places great reliance and emphasis upon the knowledge, expertise and personal abilities of the SPECIAL MAGISTRATE. Accordingly, this Agreement is personal and the SPECIAL MAGISTRATE shall not assign, delegate, transfer, pledge, hypothecate, surrender, or otherwise encumber or dispose of any of his rights or duties under this Agreement. C. Indemnification and Hold Harmless Agreement. 1) The SPECIAL MAGISTRATE shall indemnify and hold the CITY harmless from any and all claims, liability, losses and causes of action which may arise out of the actions of negligence, in whole or in part of the SPECIAL MAGISTRATE, in the fulfillment of this Agreement, including all costs and judgments which may issue thereon. The SPECIAL MAGISTRATE acknowledges and agrees that the compensation paid pursuant to this Agreement includes consideration for such indemnification. 2) The indemnification provisions of this paragraph shall survive the termination of this Agreement. D. Sovereign Immunity. Nothing in this Agreement extends, or will be construed to extend, the CITY'S liability beyond that provided in Section 768.28, Florida Statutes. Nothing in this Agreement is a consent, or will be construed as consent, by the CITY to be sued by third parties in any matter arising out of this Agreement. E. Professional Independence of the SPECIAL MAGISTRATE. It is understood and agreed that the SPECIAL MAGISTRATE is not, and will not be deemed to be, an employee, joint venturer, or partner of the CITY. The SPECIAL MAGISTRATE is, and shall remain, an independent professional with respect to all services performed under this Agreement. No partnership relationship between the CITY and the SPECIAL MAGISTRATE is created or intended by this Agreement. The CITY shall rely on the discretion of the SPECIAL MAGISTRATE in the issuance of code enforcement orders, keeping in mind the intent of the CITY to strictly enforce all CITY codes, with the ability to permit limited exceptions in cases of hardship. F. Conflicts. 1) In the event a conflict arises between clients of the SPECIAL MAGISTRATE and the CITY, the SPECIAL MAGISTRATE shall immediately advise the City Administrator of such conflict and resign from such conflicting representation. 2) The SPECIAL MAGISTRATE shall not represent other clients in an adversarial position to the CITY while serving as a SPECIAL MAGISTRATE. G. Records; Access. 1) The legislature has amended Chapter 119 Florida Statutes, Section 119.0701 thereof, to expand the obligation of local government to include into all PAoe 3 of 0 Agreements certain language that relates to public records, which is made a part of this Agreement. IF THE SPECIAL MAGISTRATE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SPECIAL MAGISTRATE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE CITY OF OKEECHOBEE AT: CITY CLERK'S OFFICE 55 S.E. 3RD Avenue Okeechobee, FL. 34972 (863) 763-3372 ext. 9814 Igamiotea@cityofokeechobee.com 2) The SPECIAL MAGISTRATE shall adhere to Florida public records laws, including the following: a) Keep and maintain public records required by the CITY to perform the services, and upon request of the custodian of records for the CITY, provide the CITY with a copy of the requested records or allow the records to be copied or inspected within a reasonable time at a cost that does not exceed the cost allowed in Chapter 119 or as otherwise provided by law. b) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement term and following completion of the Agreement if the SPECIAL MAGISTRATE does not transfer the records to the CITY. c) Upon completion of the Agreement, transfer, at no cost, to the CITY all public records in possession of the SPECIAL MAGISTRATE or thereafter keep and maintain public records required by the CITY to perform the service. If the SPECIAL MAGISTRATE transfers all public records to the CITY upon completion of the Agreement, the SPECIAL MAGISTRATE shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SPECIAL MAGISTRATE keeps and maintains public records upon completion of the Agreement, the SPECIAL MAGISTRATE shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request of the City Clerk, in a format that is compatible with the information technology systems of the CITY. 3) Noncompliance: a) A request to inspect or copy public records relating to the CITY'S Agreement for services must be made directly to the CITY. If the CITY does not possess the requested records, the CITY shall immediately notify the SPECIAL MAGISTRATE of the request, and the SPECIAL MAGISTRATE must provide the records to the CITY or allow the records to be inspected or copied within a reasonable time. A reasonable time is defined as within eight (8) business days. b) If the SPECIAL MAGISTRATE does not comply with the request of the CITY for the records, the CITY shall enforce the Agreement provisions in accordance with the Agreement. c) If the SPECIAL MAGISTRATE fails to provide the public records to the CITY within a reasonable time, the SPECIAL MAGISTRATE may be subject to the penalties under Chapter 119.10. 4) Civil Action. PAGE 4 of 6 a) If a civil action is filed against a SPECIAL MAGISTRATE to compel production of public records relating to the CITY'S Agreement for professional services, the court shall assess and award against the SPECIAL MAGISTRATE the reasonable costs of enforcement, including reasonable attorney fees, If: 1. The court determines that the SPECIAL MAGISTRATE unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the SPECIAL MAGISTRATE has not complied with the request, to the CITY and to the SPECIAL MAGISTRATE. b) A notice complies with the above if it is sent to the custodian of public records for the CITY and to the SPECIAL MAGISTRATE at the SPECIAL MAGISTRATE'S address listed on its Agreement with the CITY, or to the SPECIAL MAGISTRATE'S registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. c) A SPECIAL MAGISTRATE who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. H. Non -Discrimination. The SPECIAL MAGISTRATE shall assure that no person shall, on the grounds of race, color, creed, national origin, handicap, or sex, be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any activity under this Agreement. The SPECIAL MAGISTRATE shall take all measures necessary to effectuate these assurances. Severability. That, should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. J. Construction. Should any provision of this Agreement be subject to judicial interpretation, it is agreed that the court interpreting or considering such provision will not apply the presumption or rule of construction that the terms of this Agreement be more strictly Agreement through review by their respective counsel, if any, and/or the negotiation of specific language, and, therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. K. Compliance with Laws. The SPECIAL MAGISTRATE, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. L. Amendment. No modification, amendment, or alteration in the terms or conditions of this Agreement will be effective unless contained in a written document executed with the same formality as this Agreement. M. Waivers. Failures or waivers to enforce any covenant, condition, or provision of this Agreement by the parties, their successors and assigns shall not operate as a discharge or, invalidate, such covenant, condition, or provision, or impair the enforcement rights of the parties, their successors and assigns. N. Attorney's Fees. In the event of any litigation to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs which are directly attributed to such litigation both at the trial and PACE 5 OF 8 appellate level. 0. Complete Agreement. This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The SPECIAL MAGISTRATE recognizes that any representations, statements or negotiations made by the CITY staff do not suffice to legally bind the CITY in a contractual relationship unless they have been reduced to writing, authorized, and signed by an authorized CITY representative. The Agreement shall bind the parties, their assigns, and successors in interest. P. Headings. All headings are for clarification only and are not to be used in any judicial construction ofthis Agreement orany paragraph. Q. Law; Venue. This Agreement shall be governed by the |own of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be|nOkeechobee CITY, Florida. 4. Special Provisions. A. This Agreement shall be construed to be a non-exclusive requirements Agreement and shall not be deemed to prohibit the CITY from retaining additional SPECIAL MAGISTRATE(S) to render services simultaneously for the CITY. IN WITNESS WHEREOF, the parties hereto have executed this document on the dote first above written. AS TO THE CITY: ATTEST: Lane GamCMC.City Clerk REVIEWED FOR LEGAL John RLCook, City Attorney AS TO THE PROFESSIONAL: Dowling R.Watford, Jr.. Mayor Roger Azcona, Esquire Law Office of Roger Azcona, Esq. SPECIAL MAGISTRATE RESOLUTION NO.2019-01 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; ESTABLISHING COMPENSATION FOR CODE ENFORCEMENT SPECIAL MAGISTRATE; PROVIDING FOR AMENDMENTS THERETO; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has established by ordinance the position of Code Enforcement Magistrate for enforcement of City codes as provided in Florida Statutes Chapter 162, which position is filled by a member in good standing with the Florida Bar; and WHEREAS, the City of Okeechobee, Florida has codified the establishment of Magistrate by amendments to the Code of Ordinances by Ordinance No. 1174 and No. 1175; and WHEREAS, Ordinance No. 1174, Section 2, and Ordinance No. 1175, Section 3.B.(3) requires that the compensation of the Magistrate is to be set by resolution of the City Council; and WHEREAS, the City Council has, at a regularly scheduled meeting, approved and ratified the Agreement between the City and the Magistrate for the performance of those duties; and WHEREAS, the establishment of Magistrate compensation by resolution permits the City Council to amend such compensation or benefits by future resolution, if necessary. 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 rate of compensation for the Code Enforcement Magistrate for the City is set at this time at the rate of $150.00 per hour, to be calculated and invoiced as set forth in the Independent Contractor's Agreement for services between the City and the Magistrate approved by the City Council. SECTION 2. That the City reserves the right to amend by resolution the rate of compensation for the Magistrate from time to time as deemed necessary at the sole discretion of the City Council. SECTION 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. 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. This Resolution shall take effect December 1, 2018. INTRODUCED AND ADOPTED in Regular Session this 15"' day of January, 2019. ATTEST: Dowling R. Watford, Jr., Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney RESOLunON No. 2019-01 PAGE 1 of 1 Exhibit 4 Jan 15, 2019 M E M 0 R A N D U M TO: Mayor & City Council FROM: City Clerk Gamiotea 61 DATE: January 7, 2019 SUBJECT: Liaison Board Appointments Information on each Board/Committee to assist with making appointments: 1. Central Florida Regional Planning Council (CFRPC) Serves DeSoto, Hardee, Highlands, Okeechobee and Polk municipalities and counties. Website provides staff, past meeting materials, and additional information www.cfrrpc.org. Two appointments required, a regular member and alternate to attend when regular member cannot be in attendance. Meeting Information: 2"d Wednesday of each month, generally in -the mornings; locations change each month depending on who is hosting the meeting; held in one of the counties listed above Currently Appointed: Gary Ritter was moved from alternate to regular member following the resignation of Mike O'Connor Next Meeting: February 13, 2019 (January meeting was held on the 9tn) 2. Treasure Coast Regional League of Cities (TCRLC) The purpose of the TCRLC is to promote communication among the municipalities and the municipal leaders of the Treasure Coast region, to foster cooperative action in meeting common needs, provide assistance to individual municipalities, to represent the Treasure Coast area municipalities to the state league of cities, the state legislature, state agencies, the Office of the Governor and cabinet, and to promote good municipal government throughout the Treasure Coast. Municipalities are Fellsmere, Ft. Pierce, Indian River Shores Jupiter Island, Ocean Breeze, Okeechobee, Orchid, Pt. St. Lucie, Sebastian, Sewall's Point, Stuart, St. Lucie Village, Vero Beach, Village of Indiantown. Website provides staff and additional information www.tcrlc.com. Two appointments required, a regular member and alternate to attend when regular member cannot be in attendance. Meeting Information: 3`d Wednesday each month, at the St. Lucie County Chamber Office, at 10:00 AM; and 6 membership meetings per year at various locations/times Currently Appointed: Gary Ritter regular member, Dowling Watford alternate Next Meeting: January 16, 2019 3. Treasure Coast Council of Local Governments (TCCLG) Serves Indian River, St. Lucie, Martin, and Okeechobee municipalities, counties, and school board districts. There is not a website, only a FB page. One appointment required, regular member Meeting Information: 1st Wednesday each month, at the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, at 10:00 AM Currently Appointed: Dowling Watford, also serves as Treasurer Next Meeting: February 6, 2019 (January meeting was held on the 2"d) 4. Okeechobee County Healthy Start Coalition It is the intent of the Healthy Start legislation to establish a system which guarantees that all women have access to prenatal care and that all infants have access to services that promote normal growth and development. In Okeechobee County, this Coalition believes that all women and children (up to 3rd birthday) should have access to services which promote the health and well-being of these county residents. Their FB page provides additional information. One appointment required, regular member. Meeting Information: Monthly, usually the 3rd or 4cn Wednesday, at their office located in the White House Plaza, 1132 South Parrot Avenue, at 12 Noon Currently Appointed: Gary Ritter Next Meeting: January 30, 2019 5. Okeechobee County Tourist Development Council (TDC) The Florida Statutes govern the make-up of this board and their responsibilities. The City Council provides a recommendation for their appointments and the Board of County Commissioners makes the final appointments. Two appointments required, both are regular members Meeting Information: 3rd Tuesday each quarter, at 9:00 AM, location changes between the Historic Court House, Highway 98 Civic Center, and the Airport Currently Appointed: Noel Chandler and Monica Clark Next Meeting: January 15, 2019 6. Economic Council of Okeechobee Mission is to create an environment that promotes prudent economic growth and improves the quality of life in Okeechobee County, Florida. Board of Directors, staff, and additional information available on their website, economiccouncilofokeechobee.org. One appointment requested, can be a Council Member or City Staff. This is not the Board of Directors appointment. Meeting Information: General membership meetings, 1st Wednesday each month, at IRSC, approximately 11:00 AM to 1:00 PM Currently Appointed: Monica Clark Next Meeting: February 6, 2019 7. Okeechobee Main Street (OKMS) The OKMS program is designed to improve all aspects of the Okeechobee downtown district, producing both tangible and intangible benefits. Improving economic management, strengthening public participation, and making downtown a fun place to visit are as critical to Okeechobee's future as recruiting new businesses, rehabilitating buildings, and expanding parking. Building on downtown's inherent assets -- rich architecture, personal service and traditional values and most of all, a sense of place. This is a not for profit organization; website www.okeechobeemainstreet.org has Board of Directors, staff, and additional information. One appointment requested, can be a Council Member or City Staff. This is not a voting and/or Board of Directors appointment. Meeting Information: Board of Directors meetings, 2"d Tuesday each month, at their office in the Chamber Building, 5:00 PM; as well as Monthly Mixers hosted at various times and locations; and ribbon cutting ceremonies at various times and locations Currently Appointed: Dowling Watford Next Meeting: February 12, 2019 (January meeting held the gcn) 8. Chamber of Commerce of Okeechobee County The primary goal of the Chamber is to strengthen and build on our history and tradition in tourism and agriculture while working to diversify the base of industries -and encourage the creation of additional high wage job opportunities. Board of Directors, staff, and additional information on website okeechobeebusiness.com. One appointment requested, can be a Council Member or City Staff. This is not a voting and/or Board of Directors appointment Meeting Information: Board of Directors meetings, 4tn Wednesday each month, at their office 55 South Parrot Avenue, 8:30 AM; as well as Rise Up Breakfast's hosted at various times and locations; and ribbon cutting ceremonies at various times and locations Currently Appointed: David Allen, Public Works Director Next Meeting: January 23, 2019 9. :Okeechobee Historical Society One appointment requested. This is not a voting and/or board member appointment. Meeting Information: 4th Wednesday each month, 1850 Highway 98 North Currently Appointed: Dowling Watford Next Meeting: January 23, 2019 10. Battle of Okeechobee Re-enactment Committee One appointment requested. This is not a voting and/or board member appointment Meeting Information: Information provided as meetings are scheduled Currently Appointed: Dowling Watford 11. Shared Services of Okeechobee Executive Round Table Providing integrated services for children and their families through coordinated leadership, and collaboration involving all segments of the community. Only the Mayor can be appointed Meeting Information: 2"d Friday every other month at 1:30 PM Currently Appointed: Dowling Watford Next Meeting: March 8, 2019 (January meeting held the 11tn) 12. Okeechobee County Juvenile Justice County (OCJJC) The mission OCJJC is to provide a forum to assess the local juvenile justice system, develop a county juvenile justice plan, and to effectively utilize community resources to prevent juvenile delinquency, truancy, suspension or expulsion from school, and gang activity. Only the Mayor can be appointed Meeting Information: 3rd Friday each month, at Beef O'Brady's Meeting Room, 12 Noon Currently Appointed: Dowling Watford Next Meeting: January 18, 2019 If I've forgotten any, please let me know as soon as possible so that we can make sure they are considered at this meeting. Thank You! O DG