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Temp. Street Closing - OKMS Christmas Festival ParadeRule 14-65.0035(1)(c), F.A.C. Date: 11/26/2019 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850-040-65 TEMPORARY CLOSING OF STATE ROAD PERMIT MAINTENANCE ti„ Permit No. 2019-F-191-00025 Governmental Entity Approving Local Government CITY OF OKEECHOBEE Contact Person JACKIE DUNHAM Address 55 SE Third Avenue Okeechobee, Florida 34974 Telephone (863) 763-9821 ext. _ Email Jdunham@cityofokeechobee.com Organization Requesting Special Event Name of Organization Okeechobee Main Street Contact Person Lynda Powers Address 55 S Parrott Avenue Okeechobee, Florida 34974 Telephone (863) 357-6246 ext. Email lynda@okeechobeemainstreet.org uescription or s Event Title OKMS Christmas Festival Lighted Parade Start Time 6:00 PM (EST) End Time 8:00 I'M (EST) Event Route (attach map) Detour Route (attach map) ai tvent Date of Event 12/14/2019 Law Enforcement Agency Responsible for Traffic Control Name of Agency Okeechobee City Police US Coast Guard Approval for Controlling Movable Bridge Not Applicable F� Copy of USCG Approval Letter Attached ❑ Bridge Location The Permittee will assume all risk of and indemnify, defend and save harmless the State of Florida and the FDOT from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise of this event. The Permittee shall be responsible to mainlain the portion of the state road it occupies for the duration of this event, free of litter and providing a safe environment to the public. of natures of Huinorizapon Event Coordinator Jackie Dunham Signature Jackie Dunham Date 11/26/2019 Law Enforcement Name/Title Robert Peterson / Chief of Police Signature Robert Peterson Date 11/26/2019 Government Official Name/Title Marcos Montes de Oca / City Administrate Signature Marcos Montes de Oca Date 11/26/2019 FDOT Special Conditions -------------- FDOT Authorization Name/Title Selina Carroll / DISTRICT PERMIT COOF Signature Selina Carroll _rete y 1/?.6.1201P __� Rula 14.65.0035(l)(c), F.A.C. ;!TATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TEMPORARY CLOSING OF STATE ROAD PERMIT Date: r -L - t Ci Permit No. 650-04085 MAINTENANCE 12111 Governmental Entity kpproving Local Government L 0Ke2CJ-g to"— Contact Person �u� tu-Lk&'n Wdress �rJ �� rq�`1zni%`Q E�Kw- � -FL • 31--11-11'p i. . .. - ... -----... . elephone Email aLLr' hCU y & GN OFV�2•-1c.(gJ�', co -11 Organization Requesting Special Event Vame of OrganizationM-e-te-VIDbe s. -M(UIh SbYeo- Contact Person Uyidac PoL),,VS- 4ddress 55 �l S . N VYq 4 1\Ve 1,A -e . b Kf; c( o1ae-e, �L • �� �I1 Z . Telephone y-625:2 tflU10 Emaily rla_P o0Y\ e.c1gc b _p rrjC; y\SfM---,t. c)j q ues Event Title nYW&S U w% -D mss J Start Time }'vi End Time_� Event Route (attach map) (I 121 Detour Route (attach map) Name of Agency or zipecia) tvent L V/aMate of Event Law Enforcement Agenc, ,Responsible for Traffic Control US Coast Guard Approval for Controlling Movable Bridge Not Applicable Copy of USC pproval Letter Attached [� Bridge Location The Permittee will assume all risk of and indemnify, defend and save harmless the State of Florida and the FDOT from and against any and all loss, damage,'cost or expense arising in any manner on account of the exercise of this event. The Permittee shall be responsible to maintain the portion of the state road it occupies for the duration of this event, free of litter and providing a safe environment to the public. Signatures of Aut or' fon Event Coordinator -WInj (Ul"oWke f5 Signature Date Law Enforcemenj� �n n NameTtle l �1,� / Signature lT)�iiC - /f�f Date Government Official Nameffitle Oyu Signature Date i FDOT Special nditions FDOT Authorization Nameffitle Signature Date - j INDEMNIFICATION AGREEMENT This AGREEMENT, by and between the CITY OF OKEEECHOBEE, FLORIDA, (hereinafter "CITY") and l x'40 Y� � - ' J `W-Jq Ned (hereinafter "APPLICANT"), dated this 1 -1 day of .. WHEREAS, APPLICANT desires to hold or sponsor a special event, parade, festival, or other activity requiring the temporary closure of a state-controlled roadway in the City of Okeechobee, Florida, and therefore requires the execution and submission of an application for such temporary closure to the State of Florida Department of Transportation by the CITY pursuant to regulations of said Department, and WHEREAS, pursuant to Resolution No. 88-5 the CITY requires indemnification by any applicant for temporary road closure before the appropriate CITY officials may execute such application to the Department. NOW, THEREFORE, in consideration of the mutual obligations and covenants set forth hereafter, the parties agree as follows: 1. APPLICANT shall indemnify, protect, defend, and hold harmless the CITY from any and all losses, injuries, damages, or claims of any nature or type resulting directly or indirectly from the temporary road closure d the ecial event, festival, parade, or other activity to be held on day of 11 Jd)tr, lb[ %. Applicant shall further reimburse the CITY for any and all attorneys' fees, court costs or other legal costs incurred by the CITY as a result of any such losses, injuries, damages or claims. 2. If the APPLICANT is a corporation, partnership or other legal entity (other than an individual), APPLICANT shall attach hereto a duly executed resolution, partnership agreement or other document in legal form evidencing the authority of the officers of such entity to enter into this indemnification agreement. 3. Upon the APPLICANT complying with paragraph 2 above, the requirements of Resolution No. 88-5 of the CITY, and any other reasonable requirements of the CITY, the CITY shall cause the appropriate City officials to execute the necessary forms to make application to the State of Florida, Department of Transportation, for temporary road closure. APPLICANT BY:t -YDSTITLwe UC CITY OF OKEECHOBEE, FLORIDA BY: TITLE: Administrative Assistant General Services Department FOR CITY USE ONLY XX Proof of liability insurance _Corporate resolution completed XX Other requirements (specify) Indemnification Agreement REVIEWED BY: i�J°.'1- U ,"'vu)hL'�t1� - TITLE: Administrative Assistant, General Services DATE: r)KFFr9O nP In. MR .a►corzc� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDTYYYY) 11/25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 863-467-0600 ISU Lawrence Insurance Agency PO Box 549 CONTACT Heath Lawrence NAME PHONE 863-467-0600 FAX 863467-5142 ,vC, No, Ext): A/c. No -ML EAI Okeechobee, FL 34973 Heath Lawrence 10/25/2019 10/25/2020 INSURER(S) AFFORDING COVERAGE NAIC # SURER A: Mt Vernon Fire Insurance Co DAMAGE TO RENTED $ 1,000,000 _PREME_S_(EA_4c_quleace� MED EXP (Anyoneperson) $ 5,000 ��SUR ceecD obee Main Street INSURER B: INSURER C: 55 S Parrott Ave Okeechobee, FL 34974 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY El308fF-1 LOC OTHER: GENERAL AGGREGATE $ 2,000,000 INSURER D: INSURER E: A INSURER F: COVERAGES CFRTIFICATF NUMRFR- RFVISION NUMBER- THIS UMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMfi S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPEOFINSURANCE ADDLSUBR POLICYNUMBER POLICY EFF POLICYEXPI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR NBF'2552460 10/25/2019 10/25/2020 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED $ 1,000,000 _PREME_S_(EA_4c_quleace� MED EXP (Anyoneperson) $ 5,000 X Directors & Offlc PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY El308fF-1 LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ Inc S A AUTOMOBILE LIABILITY ANYAUTO OWNED F SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY NBP2552460 10/25/2019 10/25/2020 COMBINED SINGLE LIMIT 1,000,000 Ea accident $ BODILY INJURY Perperson) S BODILY INJURY Per accident S PeOr PERT nDAMAGE $ S UMBRELLA LIAB EXCESSLIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE S DED RETENTION $ S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N OFFICER/MEMBER EXC UDED? EGUTIVE F-1 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA PERSTATUTE 07H• ER E.L. EACH ACCIDENT S E.L. DISEASE -EA EMPLOYE S E.L. DISEASE - POLICY LIMIT I S DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Christmas Fesitval and Lighted Parade SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ' Florida Department of ACCORDANCE WITH THE POLICY PROVISIONS. Transportation---"------'---- �I 605 Suwannee Street AUTHORIZED REPRESENTATIVE Tallahassee, FL 32399 ACORD 25 (2016103) 01988-2015 ACORD CORPOWAII.,'v. an rijn:s rettftrmr.. The ACORD name and logo are registered marks of ACORD (\C T • Gone t Officer or Flagman ©Detour Sign —Parade Route --Detoured Traffic MOT Plan Provided by LT_ Bernst Approved by FDOT Selina Carroll 7/24/2019 f MT Cone I Officer or Flagman © Detour Sign —Parade Route —Detoured Traffic City of Okeechobee Parade Route Begin at US 441 and SW 4th Street. Proceed north to the US 441/SR 70 intersection, turn west on SR 70. End at NW 7th Avenue and SR 70 Approved by FDOT Selina Carroll 7/24/2019 RESOLUTION NO. 2019-10 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; RESCINDING RESOLUTION NO. 1988-5 AND NO. 2011-02 CONCERNING TEMPORARY CLOSING OF STATE ROADS FOR SPECIAL EVENTS; CREATING PROCEDURES AND FORMS FOR SUBMISSION TO FLORIDA DEPARTMENT OF TRANSPORTATION FOR STATE APPROVAL FOR SUCH CLOSINGS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; ASID PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) publishes promulgated rules and procedures for an application to temporarily close State Roads for special events in the Florida Administrative Code (FAC); and WHEREAS, the City of Okeechobee has previously adopted Resolutions setting forth some of these procedures; and WHEREAS, it has been requested by the FDOT that the City update, and adopt by Resolution, additional rules and procedures for the closing of State Roads for special events; and WHEREAS, the City, as well as other organizations, have historically sought closure of State Road 70 and U.S. Highway 441/State Road 15 to conduct parades and special events for the citizens of Okeechobee County, and continuing that tradition is in the best interests of the City and County. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; that the City 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 City of Okeechobee, Florida hereby rescinds prior Resolution No. 1988-5 and No. 2011-02, and creates procedures for temporary closings of State Roads by this Resolution. SECTION 2: This Resolution is created to conform to the current requirements of Rules 14- 65.0035 and 14-65.0075, Florida Administrative Code, which contains the rules and procedures to follow when applying for temporary closing of State Roads for special events. SECTION 3: That when the City seeks to apply for a temporary closure of State Roads to the FDOT, City Staff must adhere to the following: a. Any special event shall be approved by the City Administrator and Chief of Police, or designee(s) in advance with approvals of pertinent Department Heads that would be involved in the event, if necessary. b. Prior to an application for the closing of a State Road, City Staff must determine whether the closing is necessary to conduct the special event. c. The application for closure must be submitted on FDOT form 850-040-65 (rev.12/11) or as hereafter amended, and submit same to any FDOT area operations office. d. The City shall submit with the application form this duly executed Resolution, which authorizes City Staff to approve and submit the application for the special event, along with: i. Information from the City Administrator, Chief of Police, or the.lr designee(s) requesting the closure which shall include the following, i; requested by the FDOT: a. disclosing the date and time and duration of the closure. RESOLUTION No. 2019-10 PAGE 1 OF 2 b. a marked map indicating the temporary detours to be utilized by the public, and showing placement of appropriate signage; the stationing of any Officers or flagmen; and locations of cones or barriers necessary to detour traffic in a safe and efficient manner. e. The City Administrator, Chief of Police, or their designee(s) are authorized to complete the application process and submit for the temporary closing of a State Road or Right -of -Way. As a condition of the approval of a temporary road closure by the FDOT, the sponsor of the special event shall obtain single event liability insurance in the sum not less than one million dollars ($1,000,000.00), or such other amount as deemed necessary by the FDOT, naming the FDOT as additional insured, and indemnify and hold harmless the FDOT from and against any claim, demand, suit, personal injury, or death. Any sponsor or organization requesting a temporary road closure shall also execute an Indemnity Agreement holding the City harmless. The policy obtained by the sponsor or organization shall be considered primary coverage for any loss, and any self- insurance by the City shall be considered to be secondary. g. Nothing herein shall be construed as a waiver of immunity or statutory protection of Florida Statute Chapter 768 by the City of Okeechobee. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 5: 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 6: This Resolution shall take effect immediately upon its adoption. INTRODUCED AND ADOPTED in Regular Session this 6th day of August, 2019. ATTEST: Lane Oamiotea, 0MC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: k 111.E A 1Z (nA� — John R. Cook, City Attorney RESOLUTION NO.2019-10 PAGE 2 OF 2 Dowling R. rd, Jr., Mayor