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Morris-Depew Associates, IncINTER -OFFICE MEMORANDUM To: Patty Burnette Date: 5/11/2022 From: Lane GamioteaJ� Subject: Executed Agreements- RFQ #ADM-001-32-11-21 Attached are two executed (by all parties) original agreements for General Planning Services, with additional notations required and amendment to paragraph 8.1. Kindly return the City's original once all the required attachments are received and the entire bid file. The second original needs to be forwarded to Morris Depew. We have not scanned the bid file, submittals, nor the awarded contract to date, we'll process once everything is complete. Thank you! PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF OKEECHOBEE AND MORRIS DEPEW ASSOCIATES THE PROFESSIONAL SERVICES AGREEMENT(this"Agreement")is made effective as of the 1st day of May , 2022 (the "Effective Date"), by and between the CITY OF OKEECHOBEE, a Florida municipal corporation, whose principal address is 55 SE 3rd Avenue, Room 100, Okeechobee, FL 34974 (hereinafter the "City"), and MORRIS DEPEW ASSOCIATES, a Florida Corporation, whose address is 2914 Cleveland Avenue, Fort Myers, FL 33901 (hereinafter,the "Consultant"). WHEREAS, the Consultant will perform services on behalf of the City, all as further set forth in the Proposal for Professional Services, attached hereto as Exhibit"A" (the "Services"); and WHEREAS, the Consultant and City,through mutual negotiation, have agreed upon a fee for the Services; and WHEREAS, the City desires to engage the Consultant to perform the Services and provide the deliverables as specified below. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Consultant and the City agree as follows: 1. Scope of Services. 1.1 Consultant shall provide the Services set forth in the Proposal for Professional Services attached hereto as Exhibit"A" and incorporated herein by reference. 1.2 Consultant shall furnish all reports, documents, information obtained pursuant to this Agreement, and recommendations during the term of this Agreement (hereinafter "Deliverables"). 1.3 Consultant shall provide a minimum of forty (40) hours of work a month, which shall include but not be limited to: review of applications, preparation of staff reports, monthly Zoom meetings, availability by telephone, presence at Council, Technical Review Committee, Planning Board, Board of Adjustment, and Design Review Board meetings and assistance to management and staff with planning requirements. 2. Term/Commencement Date. 2.1 This Agreement shall become effective upon the Effective Date and shall remain in effect for three (3) years thereafter, unless earlier terminated in accordance with Paragraph 8. The City shall have the right to renew the term of the Agreement for two(2) additional one (1) year terms, upon the same terms and conditions, and upon written notice to Consultant at least 30 days prior to expiration of the term. 1IPage 2.2 Consultant agrees that time is of the essence and Consultant shall complete the Services within the term of this Agreement, unless extended by the City Administrator. 3. Compensation and Payment. 3.1 Compensation for Services provided by Consultant shall be in accordance with the Proposal attached hereto as Exhibit "A." Consultant shall be compensated a flat rate lump sum fee or in accordance with the rate/fee schedule attached hereto as Exhibit 3.2 Consultant shall deliver an invoice to City no more often than once per month detailing Services completed and the amount due to Consultant under this Agreement. Fees shall be paid in arrears each month,pursuant to Consultant's invoice,which shall be based upon the hours of work completed for each task invoiced. The City shall pay the Consultant in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the City Administrator. 4. Subconsultants. 4.1 The Consultant shall be responsible for all payments to any Subconsultants and shall maintain responsibility for all work related to the Services. 4.2 Consultant may only utilize the services of a particular subconsultant with the prior written approval of the City Administrator, which approval shall be granted or withheld in the City Administrator's sole and absolute discretion. 5. City's Responsibilities. 5.1 City shall make available any maps, plans, existing studies, reports, staff and representatives,and other data pertinent to the Services and in possession of the City, and provide criteria requested by Consultant to assist Consultant in performing the Services. 5.2 Upon Consultant's request, City shall reasonably cooperate in arranging access to public information that may be required for Consultant to perform the Services. 6. Consultant's Responsibilities. 6.1 The Consultant shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a consultant under similar circumstances. If at any time during the term of this Agreement or within two (2) years from the completion of this Agreement, it is determined that the Consultant's Deliverables or Services are incorrect, not properly rendered, defective, or fail to conform to City requests, the Consultant shall at Consultant's sole expense, immediately correct its Deliverables or Services. 2IP :� E� �� 6.2 The Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal,State and local laws applicable to and necessary to perform the Services for City as an independent contractor of the City. 7. Conflict of Interest. 7.1 To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the term of this Agreement, provide any consulting services to any private sector entities (developers, corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the City. 8. Termination. 8.1 The City "a-tithstrate f or Consultant, without cause, may terminate this Agreement upon sixty(60)calendar days written notice to the other party, or immediately with cause. As amended by Council on 5/3/2022:change Administrator to City Council. 8.2 Upon receipt of the written notice of termination, Consultant shall immediately stop work on the project unless directed otherwise by the City Administrator. 8.3 In the event of termination, the Consultant shall be paid for all work accepted by the City Administrator up to the date of termination,provided that the Consultant has first complied with the provisions of Paragraph 8.4. 8.4 The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the project to the City, in electronic format within fourteen (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 9. Insurance. 9.1 Consultant shall secure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to City,naming the City as an Additional Insured,underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the Consultant's insurance and shall not contribute to the Consultant's insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the City as it deems necessary or prudent. a. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and 31Page Product Liability coverages and eliminate the exclusion with respect to property under the care,custody and control of Consultant.The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of$2,000,000 each. b. Workers Compensation and Employer's Liability insurance,to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer's Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Consultant shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker's Compensation insurance. c. Business Automobile Liability with minimum limits of$1,000,000 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office,and must include Owned,Hired, and Non-Owned Vehicles. d. Professional Liability Insurance in an amount of not less than $1,000,000.00 per occurrence,single limit. 9.2 Certificate of Insurance. Certificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured(except with respect to professional Liability Insurance and Worker's Compensation Insurance),no later than ten(10)days after award of this Agreement and prior to the execution of this Agreement by City and prior to commencing Services. Each certificate shall include no less than(30)thirty-day advance written notice to City prior to cancellation, termination, or material alteration of said policies or insurance. The Consultant shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Agreement, including any extensions or renewals that may be granted by the City. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The City reserves the right to inspect and return a certified copy of such policies, upon written request by the City. If a policy is due to expire prior to the completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30)calendar days prior to the date of their policy expiration.Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the City before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the City. 9.3 Additional Insured. Except with respect to Professional Liability Insurance and Worker's Compensation Insurance,the City is to be specifically included as an Additional Insured for the liability of the City resulting from Services performed by or on behalf of the Consultant in performance of this Agreement. The Consultant's insurance, including that applicable to the City as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute Wage to the Consultant's insurance. The Consultant's insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. 9.4 Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the City. The Consultant shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 9.5 In accordance with Section 558.0035, Florida Statutes, the following provision applies: UNDER NO CIRCUMSTANCES MAY AN INDIVIDUAL EMPLOYEE OR AGENT OF THE CONSULTANT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE OCURRING WITHIN THE COURSE AND SCOPE OF THIS AGREEMENT. 9.6 The provisions of this section shall survive termination of this Agreement. 10. Nondiscrimination. 10.1 During the term of this Agreement,Consultant shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination. 11. Attorneys Fees and Waiver of Jury Trial. 11.1 In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals,law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 11.2 IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 12. Indemnification. 12.1 Consultant shall indemnify and hold harmless the City, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of any design professional and other persons employed or utilized by a design professional in the performance of the contract. 12.2 The provisions of this section shall survive termination of this Agreement. 5 13. Notices/Authorized Representatives. 13.1 Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the following addresses: For the City: City Administrator City of Okeechobee 55 SE 3`d Avenue, Room 201 Okeechobee, FL 34974 With a copy to: John J. Fumero, Esq. City Attorney Nason Yeager Gerson Harris & Fumero, PA 750 Park of Commerce Blvd., Suite 210 Boca Raton, FL 33487 For the Consultant: M. William Morris, Jr., PE President Morris Depew Associates 2914 Cleveland Ave Fort Myers, FL 33901 14. Governing Laws. 14.1 This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be proper exclusively in Okeechobee County, Florida. 15. Entire Agreement/Modification/Amendment. 15.1 This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 15.2 No agent,employee,or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 15.3 Consultant represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Consultant have been duly authorized, and this Agreement is binding on Consultant and enforceable against Consultant in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance is required. 6I 16. Ownership and Access to Records and Audits. 16.1 The City acknowledges the Consultant's Deliverables indicated in Exhibit A as instruments of professional service. Nevertheless, the final Deliverables prepared under this Agreement shall become the property of the City upon completion of the work and payment in full of all monies due to the Consultant. The City shall not reuse or make any modification to any reports, plans, and/or specifications without the prior written authorization of the Consultant. The City agrees,to the fullest extent permitted by law,to indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorney's fees and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of Deliverables by the City or any person or entity that acquires or obtains the plans and specifications from or through the City without the written authorization of the Consultant. 16.2 Consultant agrees to keep and maintain public records in Consultant's possession or control in connection with Consultant's performance under this Agreement.Consultant additionally agrees to comply specifically with the provisions of Section 119.0701,Florida Statutes. Consultant shall 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 the Agreement, and following completion of the Agreement until the records are transferred to the City. 16.3 Upon request from the City's custodian of public records,Consultant shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 16.4 Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Consultant shall be delivered by the Consultant to the City Administrator. All such records stored electronically by Consultant shall be delivered to the City in a format that is compatible with the City's information technology systems. Unless otherwise indicated by either Party, Portable Document Format (PDF) will be deemed to meet this requirement for compatibility. Once the public records have been delivered upon completion or termination of this Agreement, the Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 16.5 Any compensation due to Consultant shall be withheld until all records are received as provided herein. 16.6 Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. 7IPage Notice Pursuant to Section 119.0701(2)(a), Florida Statutes IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Lane Earnest Gamiotea, CMC Mailing address: 55 SE 3rd Avenue, Room 100 Okeechobee, FL 34974 Telephone number: 863-763-3372 Email: lgamioteancityofokeechobee.com 17. Nonassignability. 17.1 This Agreement shall not be assignable by Consultant unless such assignment is first approved by the City Administrator. The City is relying upon the apparent qualifications and expertise of the Consultant, and such firm's familiarity with the City's area, circumstances and desires. 18. Severability. 18.1 If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 19. Independent Contractor. 19.1 The Consultant and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. 20. Compliance with Laws. 20.1 The Consultant shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 81H 21. Waiver. 21.1 The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach, or wrongful conduct. 22. Survival of Provisions. 22.1 Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Contingency Fees. 23.1 The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant,any fee,Council,percentage,gift,or any other consideration,contingent upon or resulting from the award or making of this Agreement. 24. Public Entity Crimes Affidavit. 24.1 Consultant shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 25. Compliance with Laws. 25.1 The Consultant shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 26. Survival of Provisions. 27.1 Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 9I , - 27. Prohibition of Contingency Fees. 28.1 The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant,any fee,Council,percentage,gift,or any other consideration, contingent upon or resulting from the award or making of this Agreement. 28. Public Entity Crimes Affidavit. 29.1 Consultant shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 29. Counterparts. 30.1 This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date written below their signatures. FOR THE CONSULTANT: Morris-Depew Associates, Inc. For Cor',it tion By: Nam __M. William Morris, Jr., PE Title: President 10I EXHIBIT A SCOPE OF SERVICES The scope of professional services to be provided by the Consultant includes all tasks listed in the City's RFQ No ADM 01-32- 11-21,Section 1.3,Scope of Services,as follows: Under the general supervision of the City Administrator and the General Services Coordinator,oversee the operations of the Planning and Zoning functions of the City.Perform professional planning work in connection with the responsibility to enforce all the provisions of the Land Development Regulations and other related codes. 1. Manage City-wide planning and urban design program consistent with City's goals and initiatives 2. Ensure high-quality resident and customer service,professional standards and quality controls. 3. Make recommendations regarding zoning changes that promote the City's development goals. 4. Interpret the Zoning Code and issue official interpretations. 5. Provide direction and guidance on all current planning projects/studies. 6. Reviews and comments on applications and petitions for completeness and prepares all staff reports for the Planning Board,Board of Adjustment,Technical Review Committee,City Council,Design Review Board,City/County Historic Preservation and related boards/committees. 7. Review business tax receipts applications,and oversee permitting of commercial,offices,apartments/condominiums, and single family residential,and accompanying auxiliary structures and uses for compliance with the City's Comprehensive Plan and Land Development Regulations. 8. Perform cursory reviews of applications for the public prior to submittal for Planning and Zoning. 9. Perform code and comprehensive plan updates and amendments as requested by the Planning Board,City Administrator,and/or City Council. 10. Implement policy and procedures to improve the department's efficiency 11. Coordinate,develop and interpret the City's Comprehensive Plan and Land Development Regulations. 12. Coordinate current planning activities,including plan review of development projects. 13. Provide direction regarding zoning interpretations and procedures. 14. Review and disseminate information pertaining to legislation adopted by the State of Florida affecting the City's comprehensive plan and land development regulations. 15. Perform planning studies,including preparation of city ordinances,project outlines,selection of data sources,designing reports on capital improvements,zoning changes,historic preservation issues,and business district project planning. 16. Review,update and create forms as required Appendices A and B in the City's Code of Ordinances and/or listed in Land Development Regulations. 17. Assist in creating maps,reports,statistical compilations and other materials necessary to the planning process. 18. Attend City Council meetings,Technical Review Committee meetings,Planning Board meetings,Board of Adjustment meetings,and other related meetings as requested. 19. Acts as liaison between City,Central Florida Regional Planning Council and State Department of Economic Opportunity and such other local,state and federal agencies who may interact with Okeechobee for the various programs within the Department. 20. Manage any consultants hired to implement or assist with any job functions within this description. 21. Meet with residents,developers,architects,landowners,and the general public as needed. 22. Prepare and submit Evaluation and Appraisal Report,Update to the Capital Improvement Element of the Comprehensive Plan,and the Water Supply Facilities Work Plan as required. 23. Performs other duties as assigned or directed by the City Administrator and/or the City Council. These essential job functions are not to be construed as a complete statement of all duties to be performed.Consultant may be required to perform other job-related duties as required. The City may authorize the Consultant to provide services that have not been included in Scope of Services.The Consultant will be compensated for these services in accordance with the attached Fee Schedule Page 1 of 3 Professional Fees All fees for professional services are based on the standard hourly rates as provided in the Hourly Rates table below. HOURLY RATES SCHEDULE Engineering,Planning,Surveying,and Landscape Architecture Standard Rate Rate per Hour with Rate per Hour with Personnel per Hour 7%Discount 4%Discount Principal/Department Director $225 $209 $216 Senior Engineer/Planner/Surveyor/Landscape Architect $176 $164 $169 Professional Engineer/Certified Planner/Professional $150 $140 $144 Surveyor/Registered Landscape Architect Engineer/Surveyor/Planner/Landscape Designer $130 $120 $125 Senior Engineering/Planning/Surveying/Landscape Design $125 $116 $120 Technician Assistant Planner/Landscape Designer/Permitting Coordinator $95 $88 $91 Engineering/Planning/Surveying/Landscape Design Technician $100 $93 $96 Survey GPS Field Crew(1-Person) $120 $112 $115 Survey GPS Field Crew(2-Person) $145 $135 $139 Survey GPS Field Crew(3-Person) $175 $163 $168 Technical Assistant $80 $74 $77 The City agrees to pay the consultant a minimum flat rate each month and in exchange,the Consultant will provide the City a minimum of 40 hours of work each month for a fixed rate according to the monthly cost breakdown and discount schedule provided below.All work tasks performed prior to execution of this agreement,with authorization from the City,shall be billed according to the 7%discount hourly rate schedule above. Consultant Projected Monthly Tasks Projected Cost Monthly Hours Department Director $225/hr Consultation and response to inquiries from staff and others;Finalization of reports/reviews/memos; In-person attendance at one(1)Planning Board meeting,one(1)Board of Adjustment meeting,and one(1)Planning Workshop(all three meetings to be conducted consecutively);Zoom attendance at 13 $2,925 one(1)Technical Review Committee meeting;Zoom Attendance at one(1)Council meeting Senior Staff $130/hr LDC revisions;Planning workshop materials preparation;Map and exhibit preparation;Consultation and response to inquiries from staff and others;Staff report preparation 6 $780 Other Staff $95/hr Initial application and plan review;Staff report preparation;Map and exhibit preparation;Research 21 $1,995 and document review Total 40 5,700 Discount and Overage Hours Payment Schedule 1. First year discount:A 7%discount will apply for first year of agreement.Based on above breakdown of projected hours, 40 hours each month will be billed at a flat rate of$5,300.Any hours billed within the same month after the first 40 hours will be billed according to the 7%discount hourly rate schedule above. 2. Second year discount:A 4%discount will apply for the second year of agreement.Based on above breakdown of projected hours,40 hours each month will be billed at a flat rate of$5,470.Any hours billed within the same month after the first 40 hours will be billed according to the 4%discount hourly rate schedule above. 3. Standard rates applied beginning in third year of agreement:After two years,fees will be based on actual rate schedule.Based on above breakdown of projected hours,40 hours each month will be billed at a flat rate of$5,700. Any hours billed within the same month after the first 40 hours will be billed according to the standard hourly rate schedule above. Page 2 of 3 Reimbursable Expenses: The City will reimburse the Consultant for long distance phone calls, postage, freight, shipping, maps, deeds, photography, printing, out-of-town travel, and similar expenses at actual cost times a multiplier of 1.20. Costs for professional associates, consultants,testing laboratory fees,and similar expenses will be reimbursed by City at actual cost times a multiplier of 1.20.Permit application fees, review fees, and similar expenses are the responsibility of the City; however, at the request of the City, the Consultant may pay such fees and will be reimbursed at actual cost times a multiplier of 1.20. Supplementary Conditions Applicable Laws and Venue: The parties agree that this agreement will be controlled by the laws of the State of Florida and that any controversy or claim arising out of,or relating to this agreement,or the breach thereof,or regarding the failure or refusal to perform the whole or any part of this agreement,shall be settled in a state court of appropriate jurisdiction located in Lee County, Florida. Dispute Resolution: Prior to the filing of any litigation by any parties to this agreement against the other parties of this agreement (and, except as described below, as a precondition to any such filing), the parties shall engage in pre-suit mediation. Such mediation may be requested by either party,at any time,and shall be conducted the same as if such mediation were ordered by a Florida Circuit Court(i.e., in accordance with,and subject to,all of the laws and rules applicable to court-ordered mediation). Such mediation shall be conducted within a reasonable period of time after the same is requested in writing by either party. If the parties are unable to agree upon the selection of a mediator,either party may petition or request that the Circuit Court in Lee County, Florida (or the Mediation Coordinator for the Court of Lee County Florida) appoint a mediator. A mediator who is so appointed may only be challenged for cause,and not peremptorily. While the request for and the conducting of such a mediation may be a precondition to the filing of a civil action,in the event either party is in jeopardy of losing its right to sue(e.g.,the statute of limitations is about to expire),then suit may be filed before a mediation is conducted provided that mediation is requested before, or simultaneously with the filing of such suit, and is conducted before the named defendant in the suit is required to respond to the complaint. If the scheduling of the mediation requires, the plaintiff in the suit shall grant the defendant an appropriate extension of time to respond to the complaint so as to permit the mediation to be conducted before the defendant must so respond. The mediation contemplated hereunder shall be conducted, unless otherwise agreed by the parties, in Lee County,Florida. The parties shall bear the mediator's fee and any filing fees associated with the mediation equally. Page 3 of 3 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written. City Council Approved on 5/3/2022 with the retroactive date of 5/1/2022. FOR THE CITY: CITY OF OKEECHOBEE, a Florida municipal corporation By: Dowling R. Watfor , Jr. Mayor Attest: By: 04/1 -C-b� � Lane am City Clerk Approved as to Form and Legal Sufficiency: By: N n Yeager Gerson Harris & Fumero, P.A. City Attorney 11IPage A. 4 ______........."41 MORRI-1 OP ID:TN ,4�0 CERTIFICATE OF LIABILITY INSURANCE DATE(M7/2022Y) 12/07/2022 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 - ••- -•. conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to t :JO li . in lieu of such endorsement(s). PRODUCER -251- CONTACT Tim Nolen Shea Barclay Group-NIS • It PHONE 501 E Kennedy Blvd,Suite 1000813-251-2580 FAX 813-251-2585 Tampa,FL 336020 (NC,No,Ext1: (NC,No): p E-MAIL tim@sheabarclay.com Tim Nolen ♦ , ADDRESS: I INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Everest National Insurance Co. 10120 IN SURE[b INSURER B:Continental Casualty-CNA 20443 2914I evelan/Assenuees,Inc. l Cleveland Avenue INSURER C: Fort Myers,FL 33901 INSURER D: • t INSURER E: t • INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM(DD/YYW) (MM[DDIYYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE I X I OCCUR X B 6074588513 12/06/2022 12/06/2023 DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: " GENERAL AGGREGATE $ 2,000,000 POLICY X yea LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ - ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED ONLY NON-OWNEDAUTO D PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE X B 6074588527 12/06/2022 12/06/2023 AGGREGATE $ 5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION _ AND EMPLOYERS'LIABILITY X STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC 6 79392872 08/05/2022 08/05/2023 E.L.EACH ACCIDENT $ 1,000,000 FFICERIMEMBER EXCLUDED? N N/A Mandatory In NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A A/E Professional AAEP000338-221 03/25/2022 03/25/2023 Per Claim 2,000,000 Liability Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) ARCHITECTS&ENGINEERS PROFESSIONAL LIABILITY ON A CLAIMS-MADE BASIS WITH DEFENSE COSTS INSIDE THE LIMITS OF LIABILITY RE:21185-City of Okeechobee Planning Services CERTIFICATE HOLDER CANCELLATION CITYOKE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Okeechobee THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 55 SE 3rd Ave ACCORDANCE WITH THE POLICY PROVISIONS. Room 100 AUTHORIZED REPRESENTATIVE Okeechobee, FL 34974 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4 NOTEPAD: HOLDER CODE CITYOKE MORRI-1 PAGE 2 INSURED'S NAME Morris Depew Associates, Inc. OP ID:TN Date 12/07/2022 The City of Okeechobee is listed as an additional insured as respect the general and umbrlla insurance policies Nov 0 i 2022 AcoRLt CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ksis..----'-- 11 f7/2022 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 ce•' ' • • •older in lieu of such endorsement(s). PRODUCER '\U 11 Il 4, CONTACT Five County Insurance Agency Inc 09 _'. NAME: Certificate Department AX 14120 Metropolis Ave `� L i INc. o.Est): 239-939-1400 ((NC,No):239-939-3813 Fort Myers FL 33912 h f2ECr'''/r.I' ADDRESS: certs@fivecountyinsurance.com V - N INSURER(S)AFFORDING COVERAGE NAIC# `"'' Nov 0 7 2011. .w INSURER A:Old Dominion Insurance 40231 INSURED N b X'/''A'/1'/' i ORRI-2 INSURER B Morris-Depew Associates Inc 2914 Cleveland Ave q INSURER C Fort Myers FL 33901 � INSURER D Wd Zt 41 Ob 6 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:332280410 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER IMM/DDIYYYYI (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ A AUTOMOBILE LIABILITY Y B1T0867Z 12/6/2022 12/6/2023 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURYaccident) AUTOS ONLY AUTOS (Per $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) - E.L.DISEASE-EA EMPLOYEE:$ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is named as an additional insured when required per written contractual agreement with respects to Auto. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF OKEECHOBEE 55 SE 3RD AVE ROOM 100 OKEECHOBEE FL 34974 AUTHORIZED REPRESENTATIVE I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ® DATE(MMIDDIYYYY) AC� AC� CERTIFICATE OF LIABILITY INSURANCE 5/13/2022 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 CONTACT Five County Insurance Agency Inc PHONE Certificate Department FAX 14120 Metropolis Ave (A/C.No.Ext):239-939-1400 (A/C,No):239-939-3813 Fort Myers FL 33912 ADDRESS: certs@fivecountyinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Old Dominion Insurance 40231 INSURED MORRI-2 INSURER B: Morris-Depew Associates Inc 2914 Cleveland Ave INSURER C: Fort Myers FL 33901 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:46047054 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY Y B1T0867Z 12/6/2021 12/6/2022 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is named as an additional insured when required per written contractual agreement with respects to Auto. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF OKEECHOBEE 55 SE 3RD AVE ROOM 100 AUTHORIZED REPRESENTATIVE OKEECHOBEE FL 34974 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • • gyp. ® MORRI-1 OP ID:TN f-��®`'D® F) DATE(MM/DD/YYW) CEO ,TDF CATS OF LIABILITY INSURANCE 08/08/2022 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 813-251-2580 CONTACT Tim Nolen Shea Barclay Group-NIS NAME: 501 E Kennedy Blvd,Suite 1000 PHONE 813-251-2580 I Fax 813-251-2585 (A/C,No,Ext): (NC,No): Tampa,FL 336020 E-MAIL tim@sheabarclay.com Tim Nolen ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# _ INSURER A:Everest National Insurance Co. 10120 INSURED INSURER B:Continental Casualty-CNA 20443 Morris Depew Associates,Inc. 2914 Cleveland Avenue INSURER C: Fort Myers,FL 33901 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY TI-IAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFL- POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) IMM/DO/VYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE )( OCCUR B 6074583513 12/06/2021 12/06/2022 PREMISES O(Ea RENTED $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 2,000,000 POLICY I X I Fief LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG _$ OTHER. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AiiTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE __ AUTOS ONLY AUTOS ONLY LPer accident)_. $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE B 6074538527 12/06/2021 12/06/2022 AGGREGATE $ 5,000,000 DED RETENTION$ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY X PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC 6 79392872 08/05/2022 08/05/2023 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A E.L.EACH ACCIDENT • $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under _ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A A/E Professional AAEP000338-221 03/25/2022 03/25/2023 Per Claim 2,000,000 Liability Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ARCHITECTS&ENGINEERS PROFESSIONAL LIABILITY ON A CLAIMS-MADE BASIS WITH DEFENSE COSTS INSIDE THE LIMITS OF LIABILITY CERTIFICATE HOLDER CANCELLATION CITYOKE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of OkeechobeeTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 55 SE 3rd Ave ACCORDANCE WITH THE POLICY PROVISIONS. Okeechobee,FL 34974 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • • 'NOTEPAD: PIOLDER CODE CffYOC'olE MOf2F�Vaa PAGE 2 INS(JP,ED'S NAME Morris®epew Associates,MC. OP ID:T Date 05/32/2022 The City oZ Okeechobee 7.s listed general anda an c_'C.Cii:iG 2�. insured as respect insurancethe policies s .es • • LEE COUNTY LOCAL BUSINESS TAX RECEIPT • Account Number: 1055695 Account Expires: September 30,2023 Receipt Number: 1805558 State License Number: May engage in the business of: Location: SITE LICENSE 2914 CLEVELAND AVE FT MYERS,FL 33901 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY MORRIS DEPEW ASSOCiATES I1vC Payment Information: MORRIS DEPEW ASSOCIATES INC 2914 CLEVELAND AVE PAID DP-00-00330983 07/28/2022 FT MYERS,FL 33901 $20.00 Dear Business Owner: 2022-2023 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1027738 Account Expires: September 30,2023 Receipt Number: 1205418 State License Number: 55543 May engage in the business of Locatioo: PROFESSIONAL ENGINEER 2914 CLEVELAND AVE FT MYERS,FL 33901 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY MORRIS DEPEW ASSOCIATES INC Payment Information: MORRIS MICHAEL WILL/AM JR 2914 CLEVELAND AVE PAIDDP-00-00330983 07/28/2022 FT MYERS,FL 33901 S 30.00 Dear Business Owner: ^ 2®22-2023 -- LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1007216 Account Expires: September 30,2023 Receipt Number: 0506575 State License Number: 6532 May engage in the business of: Location: ENGINEERING FIRM(101-0090) 2914 CLEVELAND AVE FT MYERS,FL 33901 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY MORRIS DEPEW ASSOCIATES INC Payment Information: MORRIS DEPEW ASSOCIATES INC 2914 CLEVELAND AVE PAID DP•00.00330903 07/28Q022 FT MYERS,FL 33901 $30.00 Dear Business Owner: E- j �=%,„11 MORRI-1 OP ID:TN ,a�o�zo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YWY) 05/12/2022 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 813-251-2580 CONTACT Tim Nolen Shea BarclayGroup-NIS NAME: P PHONE(A/c,No,Ext�:813-251-2580 FAX 813-251-2585 501 E Kennedy Blvd,Suite 1000 (A/C,No): Tampa,FL 336020 E-MAIL tlm@sheabarclay.com Tim Nolen ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Everest National Insurance Co. 10120 I SURE INSURER B:Continental Casualty-CNA 20443 Morris uepew Associates,Inc. 2914 Cleveland Avenue INSURER C: Fort Myers,FL 33901 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LTR ,INSD WVD ,fNIM/DDM/WI (MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR B 6074588513 12/06/2021 12/06/2022 DAMAGE TO RENTED 300,000 X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED - AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE X B 6074588527 12/06/2021 12/06/2022 AGGREGATE $ 5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N WC 6 79392872 08/05/2021 08/05/2022 STATUTE ER 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $ FFICER/MEMBER EXCLUDED? Mandatory In NH) - E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A A/E Professional AAEP000338-221 03/25/2022 03/25/2023 Per Claim 2,000,000 Liability Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ARCHITECTS&ENGINEERS PROFESSIONAL LIABILITY ON A CLAIMS-MADE BASIS WITH DEFENSE COSTS INSIDE THE LIMITS OF LIABILITY RE: 21185-City of Okeechobee Planning Services CERTIFICATE HOLDER CANCELLATION CITYOKE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Okeechobee City SE 3rd Ave ACCORDANCE WITH THE POLICY PROVISIONS. 55Room 100 Okeechobee, FL 34974 AUTHORIZED REPRESENTATIVE -� =�_- -� ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i } NOTEPAD: HOLDER CODE CITYOKE MORRI-1 PAGE 2 INSURED'S NAME Morris Depew Associates,Inc. OP ID:TN Date 05/12/2022 The City of Okeechobee is listed as an additional insured as respect the general and umbrlla insurance policies Acc)R o DATE(MM/DDrYYYY) ® CERTIFICATE OF LIABILITY INSURANCE E;MM/D 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 CONTACT Five County Insurance Agency Inc PHONE Certificate Department FAX 14120 Metropolis Ave (A/C.No.EXt1:239-939-1400 (aC,No):239-939-3813 Fort Myers FL 33912 ADDRESS: certs@fivecountyinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Old Dominion Insurance 40231 INSURED MORRI-2 INSURER B: Morris-Depew Associates Inc 2914 Cleveland Ave INSURER C: Fort Myers FL 33901 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:46047054 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP w LIMITS LTR INSD, VD, POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE RENTED $ CLAIMS-MADE OCCUR PREMISESO(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY Y B1T0867Z 12/6/2021 12/6/2022 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is named as an additional insured when required per written contractual agreement with respects to Auto. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF OKEECHOBEE 55 SE 3RD AVE ROOM 100 AUTHORIZED REPRESENTATIVE OKEECHOBEE FL 34974 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Form W�9 Request for Taxpayer Give Form to the (Rev.October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/Formltl9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Morris DeDew Associates,Inc. 2 Business name/disregarded entity name,if different from above „, 3 Check appropriate box for federal tax classification of the person ose name is entered on line 1.Check onlyone of the 4 Exemptions(codes apply onlyto P PPY Enfollowing seven boxes. certain entities,not individuals;see a instructions on page 3): o ❑ Individual/sole proprietor or ❑ C Corporation S Corporation ❑ Partnership ❑ Trust/estate single-member LLC Exempt payee code(if any) ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting c LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is C code(if any) •c _ another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that O. ° is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other(see instructions)► olop•as to eccounis mentamed outude lAf' M5 Address(number,street.and apt.or suite no.)See instructions. Requester's name and address(optional) N 2914 Cleveland Avenue CITY OF OKEECHOBEE 6 City,state,and ZIP code 55 SE 3rd Avenue,Room 100, Okeechobee,FL 34974 Fort Myers, FL 33901 7 List account number(s)here(optional) Part'I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid 1.Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a —r--j_——1 resident alien,sole proprietor,or disregarded entity, see the instructions for Part I,later.For other — IILL 1 entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. or Note: if the account is in more than one name,see the instructions for line 1.Also see What Name and [Employer identification number Number To Give the Requester for guidelines on whose number to enter. 6 5 - 0 1 4 3 5 2 1 Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends, u are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign signature of Here u.s.person► C ?LA( Date P. ,1—! l 512.1 General Instructions •Form 1099-DIV(dividends, including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments • Form 1099-8(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) 2021 - 2022 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 0506575 Account Expires: September 30, 2022 May engage in the business of: Location: ENGINEERING FIRM 2914 CLEVELAND AVE FT MYERS FL 33901 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY MORRIS DEPEW ASSOCIATES INC MORRIS DEPEW ASSOCIATES INC Payment Information: 2914 CLEVELAND AVE FT MYERS FL 33901 PAID 613812-235-3 02/16/2022 01:55 PM $37.50 2021 - 2022 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1805558 Account Expires: September 30, 2022 May engage in the business of: Location: SITE LICENSE 2914 CLEVELAND AVE FT MYERS FL 33901 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY MORRIS DEPEW ASSOCIATES INC MORRIS DEPEW ASSOCIATES INC Payment Information: 2914 CLEVELAND AVE FT MYERS FL 33901 PAID 613812 235-I 02/16/2022 01:55 PM $20.00 2021 - 2022 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1205418 Account Expires: September 30, 2022 May engage in the business of: Location: PROFESSIONAL ENGINEER 2914 CLEVELAND AVE FT MYERS FL 33901 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY MORRIS DEPEW ASSOCIATES INC MORRIS MICHAEL WILLIAM JR Payment Information: 2914 CLEVELAND AVE FT MYERS FL 33901 PAID 614240-43-1 02/2 U2022 09:00 AM $37.50 • V ctm Okeechobee r FLORIDA • Founded 1915 Response to City of Okeechobee RFQ No. ADM 01-32-11-21 General Planning Services Submission Deadline: December 17, 2021 Okeechobee City Hall Administrative Office 55 SE 3rd Avenue, Room 201 Okeechobee, FL 34974 MORRIS DEPEW Ben Smith, AICP bsmith@m-da.com 2914 Cleveland Avenue Fort Myers, Florida 33901 (239) 337-3993 Main Office (239) 337-3994 FAX MORRIS DEPEW RFQ No. ADM 01-32-11-21 1 I. Letter of Intent 3 II. Response Checklist 4 III. Corporate Certificate 5 IV. Professional Complaints Statement 6 V. Client List 7 VI. Organizational Structure 8 VI I. Personnel Resumes 9 VIII. Estimated Weekly Hours 14 IX. Project Implementation Strategy 15 X. CAD Statement 17 XI. Special Consideration 18 XII. Certificate of Insurance 21 XIII. Litigation Statement 22 XIV. Form 2 23 XV. Form 3A 24 XVI. Form 4 25 XVII. Form 5 30 XVIII. Form 6 33 XIX. Letters of Recommendation 36 XX. Form 7 40 XXI. Form 8 41 XXII. Form 9 42 MORRIS DEPEW RFQ No. ADM 01-32-11-21 2 December 10, 2021 Okeechobee City Hall, Administrative Office 55 SE 3rd Avenue, Room 201 Okeechobee, FL 34974 Subject: Request for Proposals - RFQ No. ADM 01-32-11-21 for General Planning Services To Whom It May Concern, On behalf of Morris-Depew Associates Inc., thank you for the opportunity to submit our firm's credentials for consideration to provide general planning services to the City of Okeechobee. We received and reviewed the Request for Qualifications. I believe that Morris-Depew's exceptional diversity of experience and expertise will be able to serve the City's needs in a timely and cost-effective manner. With our Headquarters within the City of Fort Myers for over 32 years, we have assembled a Team of highly skilled professionals who routinely provide exceptional service to public and private sector clients. With Regional Offices in Destin and Tallahassee, Morris-Depew is also uniquely positioned to be able to provide service to the City at the State Capitol if needed. Since 1989, Morris-Depew has offered top quality planning, civil engineering, surveying, platting, landscape architecture and litigation assistance to a variety of local governments throughout the State of Florida. Our team has assisted numerous jurisdictions in land planning, zoning administration, land development code updates, comprehensive plan amendments, urban design, land use studies, transportation analysis, project management, CAD design, GIS mapping, roadway design, parking and architectural analysis, stormwater management design, demographics and economic research throughout the State of Florida. Our Team members are skilled in the articulation of community ideals, consensus building, and public presentations; and are experts in their fields who regularly are relied upon to provide expert testimony and recommendations to local government elected officials, board members, magistrates, hearing examiners, government staff and the public. Please see the attached pages to this letter outlining the detailed qualifications of the Team. Mr. Ben Smith, AICP, as Director of Planning at Morris-Depew Associates, will provide overall Project Management and Quality Control as well as the initial point of contact for all contractual matters. In consideration of the requested planning tasks, Mr. Smith will coordinate with the Engineering, Surveying, and Landscape Architecture Directors and Project Managers to establish a project team with the necessary skills and professional expertise to deliver the services desired. One of Morris-Depew Associates' key principles is to provide exceptional customer service to all clients and exceed their expectations. We consider the City of Okeechobee to be a prime client and commit to providing the highest degree of responsive service. We are able to rapidly mobilize staff and resources to complete assignments on the timelines and within budgets coordinated in advance with the City. Should you desire further information concerning our team's qualifications or the attached proposal, please contact me via telephone at 1-866-337-7341 or via email at bsmith@m-da.com. Thank you again for your time and consideration of our firm's qualifications. Sincerely, J�_ Ben Smith, AICP Director of Planning MORRIS �r DEPEW RFQ No. ADM 01-32-11-21 3 Form I RESPONSE CHECKLIST pg 4 Form 1: Response Checklist pg 23 Form 2: Proposal Information Form pg 24 Form 3: Certificate of Authority (Complete Form 3A or 3S as applicable) Certificate of Authority (for Corporations or Partnerships) Certificate of Authority (for Individuals) pg25 Form 4 Company Qualifications' Questionnaire pg 30 Form 5 Key Personnel pg 33 Form G Client References pg 40 Form 7: Dispute Disclosure pg 41 Form S: Acknowledgment of Addenda pg 42 Form 4: Single Execution Affidavit Pa,c 31 MORRIS �'T DEPEW RFQ No. ADM 01-32-11-21 4 State of Florida Department of State I certify from the records of this office that MORRIS-DEPEW ASSOCIATES, INC. is a corporation organized under the laws of the State of Florida, filed on September 11, 1989, effective September 8, 1989. The document number of this corporation is L 14686. I further certify that said corporation has paid all fees due this office through December 31, 2021, that its most recent annual report/uniform business report was filed on February 23, 2021, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of&e Stale of Florida at Tallahassee, the Capital, flux flie Eleven& day of March, 2021 Secretary of State Tracking Number: 3921972991 CU To authenticate this certificate,visit the following site, enter this number, and then follow the instructions displayed. http s: //services. sunb iz. o rg/Filings/C ertificate OfS tatus/C a rtiricateAuthentic atim MORRIS --r DEPEW RFQ No. ADM 01-32-11-21 5 Morris-Depew Associates has not received any complaints for it's qualifying professional license. MORRIS DEPEW RFQ No. ADM 01-32-11-21 6 Current and Past Public Sector Clients City of Fort Myers Lee County Lee Health San Carlos Estates Water Control District City of Holmes Beach City of Bonita Springs City of Mary Esther Lee County Mosquito Control District Florida Department of Transportation Hendry County MORRIS DEPEW RFQ No. ADM 01-32-11-21 7 CAD STORMWATER 4 UTILITIES TRANSPORTATION LAND DEVELOPMENT CODE UPDATES GIS MAPPING SIGNAGE CONSULTATIO STREETSCAPE/ ROADWAY DESIGN GRAPHIC SUPPORT LANDSCAPE DESIGN MEETING ATTENDANCE, PUBLIC PRESENTATIONS & WORKSHOP FACILITATION COMPREHENSIVE ZONING PLANAMENDMENTS ADMNISTRATION COMMUNITY VISIONING MORRIS �r DEPEW RFQ No. ADM 01-32-11-21 8 Ben Smith, AICP Director of Planning EDUCATION University of Florida, Gainesville, FL — B.S. in Psychology AFFILIATIONS American Planning Association Member Florida Planning & Zoning Association Member American Institute of Certified Planners AREA OF EXPERTISE Land Use Planning and Analysis Land Development Code Revisions Comprehensive Plan Amendments Site Plan Review Variance Review Special Use Exception Review Rezoning Review Future Land Use Map Amendment Review Evaluation and Appraisal Analysis Workshop Facilitation Public Involvement RELEVANT EXPERIENCE Mr Smith has 14 years of experience working with numerous Florida local governments coordinating land use planning, zoning and development services with government staff, board members, elected officials, property owners, developers, residents and business owners. • Eran Wasserman Director of Development Services, City of Holmes Beach 5801 Marina Dr, Holmes Beach, FL 34217 941-708-5800, ext 220 - Fax: 941-708-5812 dsdirector@holmesbeachfl.org • Steve Belden Community Development Director, City of Fort Myers 1825 Hendry St #101, Fort Myers, FL 33901 239-321-7902 sbelden@cityftmyers.com Mary Gibbs Community Development Director, Village of Estero 21500 Three Oaks Parkway, Estero, FL 33928 239-221-5036 - Fax: 239-390-8020 gibbs@estero-fl.gov REPRESENTATIVE PROJECTS & CLIENTS City of Okeechobee: As the City's designated planner, assisted in all planning matters including development review, rezonings, site plans, variances, street vacations, special exceptions, comprehensive plan amendments and parcel splits. Prepared workshop materials and facilitated workshops for changes to the land development regulations and community development procedures. Prepared staff reports and ordinances for city actions. Regular presentations to Planning Board and City Council. Responded to planning and zoning inquiries from staff, residents, developers and contractors. City of Holmes Beach: Prepared update to the Comprehensive Plan to address shortfalls, increase statutory compliance, address inconsistencies between the Plan and the Land Development Code, prepare for growth, and increase usability of the Plan. Review of building permits for zoning compliance. Coordination with staff, contractors and property owners. Presented to Planning Commission and City Commission. • Village of Estero: Collaborated on the creation of the Village's first comprehensive plan adopted in 2018. The process included facilitation of public outreach meetings, presentations to the planning board and council members. Conducted extensive research, organized and formulated goals, objectives, and policies and prepared data and analysis. • City of Fort Myers: Prepared Comprehensive Plan Amendments and Land Development Code Revisions for the Downtown and Midtown planning areas. Served as contract planner providing site plan review services. North Bay Village: Reviewed applications for site plans, building permits, variances, special use exceptions, comprehensive plan amendments and business tax receipts. Prepared workshop materials and facilitated workshops for changes to the land development regulations and community development procedures. Prepared staff reports and ordinances for city actions. Regular presentations to Planning Board and City Commission. Responded to planning and zoning inquiries from staff, residents, developers and contractors. City of Moore Haven: Responding to zoning inquiries from staff, residents and builders. Preparation of land development code revisions and comprehensive plan updates. MORRIS �r DEPEW RFQ No. ADM 01-32-11-21 9 Cindy Leal, MURP Project Planner EDUCATION University of Florida, Gainesville, FL — Master of Urban and Regional Planning, May 2020 University of Florida, Gainesville, FL— B.A. in Political Science, 2013 University of Florida, Gainesville, FL — Certificate in International Relations, 2013 AFFILIATIONS & HONORS Member of the American Planning Association (APA) and the Florida Chapter of the APA, Treasurer for the Promised Lands Section of the APA, Member of the Florida Zoning and Planning Association (FPZA) and the Calusa Chapter of the FPZA, Award Recipient for 2017 FPZA Outstanding Student Award, Member of Delta Epsilon Iota Academic Honor Society, Member of the National Society of Collegiate Scholars. AREA OF EXPERTISE Land use planning and analysis, school planning, policy writing, and Geographic Information Systems (GIS) Mapping CURRENT RESPONSIBILITIES As Project Planner, Ms. Leal is responsible for preparing land use applications, creating land use exhibits, assisting in eminent domain casework, preparing land use analysis studies and compatibility studies, and managing project timelines. RELEVANT EXPERIENCE Ms. Leal has been preparing privately -initiated land use applications and exhibits in various jurisdictions throughout Florida since 2016. Contractual assignments within Southwest Florida have expanded Ms. Leal's land use planning experience to include assisting in updating land development codes and assisting in Evaluation and Appraisal Report (EAR) amendments. Ms. Leal is experienced in the use of ESRI's geographic information system tools such as ArcMap and Collector. Previously, Ms. Leal was responsible for the creation of standardized due diligence map packages for prospective projects. Each map package consisted of 17 exhibits that covered development variables such as utilities, soils, zoning, future land use, and existing uses. Ms. Leal has also assisted the City of Fort Myers' Housing Authority in developing a detailed spreadsheet to calculate project densities and parking requirements based off of various unit -type scenarios. REPRESENTATIVE PROJECTS & CLIENTS Lee County School District: As a Senior Planner with the Lee County School District , Ms. Leal specialized in developing the District's first Capital Improvement Plan . A 5 year comprehensive plan outlining expected growth and capital expenditures. Prepared updates to the District's interlocal agreements and assisted the Cities of Cape Coral and Fort Myers in the preparation of their Safe Routes to School grant applications. Wakulla School District: Supporting the School District Administrative Staff with comprehensive analysis of Interlocal Agreements and impacts of private development. • Land Development Code Amendments (Bonita Springs, FL): Assisted in the streamlining of the 'use groups' in the land development code. This project involved the review of existing code to eliminate duplicative use groups and reorganize the use groups in a cohesive manner. Evaluation and Appraisal Report Amendments (Bonita Springs, FL): Assisted in the review of the Conservation/Coastal Management Element and the Housing Element of the Comprehensive Plan and subsequently drafting policies to improve upon the existing language in the plan. Additionally, created a new Coastal High Hazard Area map complying with Florida Statute relating to use of SLOSH data. Land Development Code Amendments (Fort Myers, FL): Assisted in the review of the land development code for necessary updates. This project involved the identification of conflicts and inconsistencies in the code. • Southeast Lee County Density Reduction/Groundwater Resource Mining Study (Lee County, FL): Assisted in the preparation of a supply/demand study for mining. The regional study involved extensive data and analysis of local and state permitting databases and GIS files, as well as population and growth projections. Additionally, created supportive exhibits and maps for the report. • Bay Colony (Naples, FL): Set up geodatabase in ArcMap with custom fields to accurately survey landscape damage on the property after Hurricane Irma utilizing the ESRI Collector Application. Created aerial exhibit to view spatial distribution of the damage done by tree type. MORRIS ---r DEPEW RFQ No. ADM 01-32-11-21 10 Bailey Schleifer Assistant Planner EDUCATION Miami University Oxford, Ohio - B.A. in Urban and Regional Planning, May 2021 AFFILIATIONS & HONORS Student Member of the American Planning Association (APA) AREA OF EXPERTISE Land use planning and analysis Geographic Information Systems (GIS) Mapping Building Permit Review Property Research CURRENT RESPONSIBILITIES As an Assistant Planner, Mr. Schleifer is responsible for preparing land use applications, creating land use exhibits, assisting in eminent domain casework, preparing land use analysis studies, writing project narratives, carrying out building permit reviews and completing compatibility studies. RELEVANT EXPERIENCE The Urban and Regional Planning program at Miami University afforded Mr. Schleifer the opportunity to work with a local investor to assist in finding a new locations for business expansions. Mr. Schleifer utilized ArcGIS Pro to run land and market analyses to determine the optimal development locations. Prior to his graduation from Miami University and employment with Morris Depew Associates, Mr. Schleifer held several prestigious internships that provided field experience and expanded his professional planning scope of knowledge. Mr. Schleifer interned with The Orlean Company, a real-estate development and management firm located in Cleveland, Ohio; REPRESENTATIVE PROJECTS & CLIENTS Project Technical Assistance, Cape Coral, Florida Prepared the due diligence report for Coral Lakes Tract 4, a Residential Planned Development, as well as the surrounding property analysis. The project required extensive future land use and zoning analysis for the subject property as well as those adjacent, as well as a detailed review of the Land Development Code and the comprehensive plan. Mr. Schleifer also prepared and submitted master site file requests for the project. Building Permit Reviews, Holmes Beach, Florida Reviewed new site plans for consistency with the City of Holmes Beach Code of Ordinances. Performed analysis of the Code of Ordinances necessary to determine the next steps following an applicant submittal. Project Technical Assistance, Lee County, Florida Drafted all of the corresponding land use applications and authorizations for submittal of the Daniels Falls Encore MFR project. Prepared affidavits and authorizations for all corresponding properties and carried out analysis of each respective parcel. Mr. Schleifer also prepared a project narrative including determination of consistency with the Lee County comprehensive plan. Also completed coordination and correspondence related to letters of utility and service availability. Consistency and Compatibility Analysis, Lee County, Florida Completing the Lee Plan consistency and compatibility analysis for the Daniels Pkwy Tractor Supply. Researched and reviewed the Lee Plan along with surrounding pre-existing and future developments to provide supporting evidence to support the compatibility with the surrounding community, and compliance with the comprehensive plan and land development code. Comprehensive Redevelopment Plan, Lindenwald, Ohio During his time in the Urban and Regional Planning program at MORRIS ---r DEPEW RFQ No. ADM 01-32-11-21 11 Michael Ekblad, PLA, ASLA Director of Landscape Architect Louisiana State University, I Landscape Architecture, 2006 Registered Professional Landscape Archie MOT (Intermediate Level), Irrigation Design Member of the American Society of Landscape Architects (ASLA), Beautification Chair for Keep Lee County Beautiful (2016-2019), Treasurer of the Florida Chapter ASLA (2015), SWFL Section Chair of the Florida Chapter ASLA (2010-2012), Member of the Urban Land Institute, Member of the Lee County Land Development Code Advisory Committee (2011-2013). Community Development, Amenity Design, Landscape, Hardscape & Irrigation Design, Graphic Design, Community Theming, Site Planning, Lighting Design, 3D Visualizations, and Environmental Design. As the Director of Landscape Architecture, Mr. Ekblad is responsible for all phases of community visioning, landscape development, amenity design, lifestyle planning, landscape permitting, and construction phase services. For over a decade, Mr. Ekblad has provided residential community design services throughout the State of Florida and is proficient with the development, permitting, zoning, public hearing, and advisory board processes in numerous municipalities. Charlotte County Environmental Parks (Charlotte County, FL): Worked with County Staff and Environmental team to develop logos, welcome signage, interpretive trail markers, and land management diagrams for five environmental parks. City of Cape Coral Public Works (Cape Coral, FL): Developed Landscape Plans for the reverse osmosis water treatment plant and Well Head Generators. REPRESENTATIVE PROJECTS & CLIENTS (continued) • East Tamiami Trail Master Plan Study (Collier County, FL): Assisted with the creation of presentation graphics, a stakeholder meetings, photo analysis, conceptual visioning and corridor master planning. • FGCU Great Lawn and Main Entry (Lee County, FL): Assisted with the conceptual site planning, irrigation design, and construction phase services. Streetscape Design: Working in conjunction with Landscape Architects, Arborists, Irrigation & Pump specialists, Traffic Engineers, Foresters, utility agency owners, outdoor advertising sign owners, the Florida Department of Transportation, and various contractors, Mr. Ekblad assisted in the design, permitting, construction observation & certification, and Local Agency Program (LAP) project management services for over 14 miles of roadway in Lee County, Florida. The Numerous projects include the US-41 corridor from Littleton Rd., in North Fort Myers, south to Bonita Beach Rd., in Bonita Springs, Bonita Beach Rd., from 1-75 to Mango Dr., the 1-75 interchange at Corkscrew Rd., Treeline Ave., and Three Oaks Pkwy. • Gulf Coast Medical Center: (Lee County, FL): Responsible for the landscape and irrigation design and permitting for a 600 room and 1300 space parking lot expansion to the existing facility. Unique elements included a series of pocket parks around the campus connection a series of pedestrian trails, and landscape design around a helipad. • Cleveland Avenue Overlay District (Fort Myers, FL): Provided graphic and illustrative exhibits, including: cross sections, diagrams and rendered perspectives for the overlay district redevelopment plan and stakeholder meetings. • East Tamiami Trail Master Plan Study (Collier County, FL): Assisted in the creation of presentation material graphics, a stakeholder image preference study and analysis, conceptual visioning and graphics for the corridor master Plan. • Babcock Ranch (Charlotte and Lee County, FL): Assisted in the production, merging, and refinement of the conceptual master plans, and prepared the land development regulations streetscape diagrams, and assisted with the design for a series of raingardens to remove pollutants from the community's stormwater system. MORRIS RFQ No. ADM 01-32-11-21 12 DEPEW Eddie Singh Senior Engineering Technician Island Drafting & Technical Institute, New York — Computer Aided Drafting (CADD) Diploma, 1999 University of Guyana, Diploma in Technology, Civil Engineering, 1988 Thompson Design Institute, Pennsylvania — Structural Drafting Diploma, 1988 PROFESSIONAL REGISTRATION / CERTIFICATIONS Autodesk AutoCAD Certified User, 2019 Autodesk AutoCAD Certified Professional, 2021 AREA OF EXPERTISE Civil Engineering Design/Drafting, FDOT Design/Drafting, Structural Engineering Design/Drafting CURRENT RESPONSIBILITIES As a Senior Engineering Technician Mr. Singh is responsible for aiding professional staff along with direct responsibility for administrative tasks and technical support related to a variety of engineering, planning, landscape architecture and surveying projects. Preparation of AutoCAD drawings/graphic exhibits using AutoCAD, AutoCAD Civil 3D, AutoCAD Vehicle Tracking. Site visits to obtain/verify project construction information RELEVANT EXPERIENCE For over 26 years Mr. Singh has provided civil, structural and roadway design/drafting services in Guyana, South America, New York and Florida and is proficient using AutoCAD, AutoCAD Civil 3D and other related software to produce complex project drawings/exhibits REPRESENTATIVE PROJECTS & CLIENTS • Premier Airport Park, (Fort Myers, FL): • Gasparilla Inn Beach Club, (Boca Grande, FL.): • Timber Creek (Lennar Homes) (Fort Myers, FL.): Developed complete project construction plans • Littleton Road, (North Fort Myers, FL): Provided FDOT construction plans for road widening from Corbett Road to Cleveland Avenue. • Caloosahatchee River Crossing, City of Cape Coral Public Works, (Cape Coral FL): Provided FDOT construction and survey site visits for a reclaimed water main from Cape Coral's Everest Water Reclamation Facility to Horton Park. Reclaimed water main to be horizontal drilled under the Caloosahatchee River to the Fort Myers side of the river. The proposed corridor for the reclaimed water transmission main is in the vicinity of and generally parallel to the Mid -Point Bridge crossing between the City of Cape Coral and the City of Fort Myers, Florida. • Tice Street, (Fort Myers, FL): FDOT sidewalk restoration plans • Ortiz Avenue, (Fort Myers, FL): FDOT utility expansion construction plans • Hawthorne Homes, (Bonita Springs, FL): Developed complete project construction plans for all phases. • Alico Commercial Center, (Fort Myers, FL): Developed complete project construction plans for all commercial tracts and assisted engineers with various design tasks. MORRIS RFQ No. ADM 01-32-11-21 13 DEPEW Key Personnel Estimated Average Weekly Number of Hours per Task * Zoning application review and prepara- Miscellaneous consultation for zoning tion of zoning request staff reports code and comprehensive plan determina Ben Smith 2 hours tions Cindy Leal i hours Ben Smith 2 hours Bailey Schleifer 1 hours Meeting/Workshop attendance Preparation of staff reports for land de- Ben Smith 2.5 hours velopment code revisions, comprehensive plan amendments, and other city- GIS mapping & AutoCAD services pp g initiated planning issues. Ben Smith i hours Cindy Leal 2 hours Cindy Leal 1 hours Eddie Singh 1.5 hours Bailey Schleifer 1 hours * 15 hours per week are estimated above, based on the RFQ requirement for 6o hours per month. Hours are provided as estimates to reflect the expected utilization of staff to meet the weekly planning needs of the City and the variety of tasks requested in the RFQ. Actual hours may be adjusted as needed to meet specific demand and cir- cumstances with the understanding that personnel time will be available to meet de- mand for specifically requested services as those needs arise. MDA is fully prepared to provide a minimum of 6o hours per month in service to the City. MORRIS DEPEW RFQ No. ADM 01-32-11-21 14 The Morris-Depew Associates Team At Morris-Depew Associates (MDA), we understand the role of the providing ongoing services to local governments. Our staff has performed services for Florida cities and counties ranging from the short-term, daily planner -on -call services to the long term, multi -year comprehensive planning projects and the ongoing, upholding of community vision, values and standards. The MDA Team is made up of a diverse group of professionals representing all aspects of the planning, design and development review process. Each member brings a unique perspective and has coordinated numerous projects and tasks in various jurisdictions throughout the State of Florida and are intimately familiar with agency regulations statewide. We can provide the foundational knowledge necessary to allow a smooth and constructive realization of the City's vision. The firm is multi -disciplinary providing planning, engineering, landscape architecture surveying and platting services, and places a high value on a team approach and close working relationships to provide the highest quality work product in a practical and cost-effective manner. Collectively, the Team has practical experience with planning and zoning services which is combined with a thorough knowledge and background of the design and permitting process from the public and private sectors. These experiences and knowledge will ensure innovative solutions and a tailored approach to the services requested, uniquely positioning MDA to assist the City of Okeechobee with any planning, zoning, mapping, public input and design services that may be requested. Since its inception as a Planning and Engineering firm, to the now multi -disciplinary services offered, exemplary services have been provided across all the firm's departments to a variety of local governments and agencies throughout the State of Florida. All of the employees that will be providing the City with service are based in the firm's Fort Myers Headquarters. Our firm's offices are fully automated with the latest technology giving our staff the capability to produce all deliverables in-house, which ensures that deadlines are met and budgets are preserved. Morris-Depew holds all appropriate business certificates and all required certifications, licensure and insurances to practice in the State of Florida. Morris-Depew Associates is an equal opportunity employer and participates in a drug -free workplace program. Planning Ben Smith is the Director of Planning at MDA and will serve as the Planning & Zoning Program Administrator to the City of Okeechobee. Mr Smith' planning career has been comprised almost entirely of providing planning and zoning services to local governments around the state of Florida. Specifically, he understands the needs of the City and has intimate knowledge of the City's Comprehensive Plan, Land Development Code, established processes, local issues, community character and history, having served as the City's Planner for several years previously. All services performed under the General Planning Services Agreement will be coordinated by Mr Smith in conjunction with the City Administrator, City Council, City Staff, City Attorney and City Board Members, including oversight, quality control and timely completion of all planning and zoning related responsibilities entrusted to the MDA Team. Cindy Leal brings a wealth of planning and zoning experience to the MDA team, having served in public and private sector planning roles throughout her career. Her ability to process zoning requests with attention to detail and to provide workable solutions when presented with complex issues and circumstances will be an asset to the City of Okeechobee. Her proficiency in utilizing GIS mapping software will play a strategic role in tackling the mapping needs of the City. Bailey Schleifer brings knowledge of the latest planning concepts and a proficiency in GIS services to the MDA team. His ability to research and analyze planning and zoning issues and provide results in a timely fashion will be of great assistance to the planning needs of the City. MORRIS �r DEPEW RFQ No. ADM 01-32-11-21 15 Engineering Morris-Depew Associates is built upon an experienced team of Civil Engineers who have been designing, creating and redefining a better community for more than three decades. A wide and vast suite of civil engineering services is available to support the planning and zoning services as may be necessary for consultation on stormwater management design/function, roadway/transportation systems and infrastructure. AutoCAD services will be provided by the engineering department as needed. Landscape Architecture The landscape architecture professionals at MDA provide a broad range of services including site design, landscape design, sign design and master concept plans for planned developments. These areas of practice are applicable to many aspects of local governance, including the conceptualization and creation of master planning documents. Surveying and Platting MDA provides surveying services both as a stand-alone service and an integral part of our projects; maintaining a full complement of licensed survey personnel, experienced support staff, and high-tech equipment. By incorporating modern technology in both the field and office, we are able to provide cost effective products and services; collecting field data and directly enter it into our CAD Design files. While not specifically requested as part of this request for qualifications, the surveying department is available to support the planning services, should that need arise for the City. Importantly, they are available for consultation on any matters related to surveying and platting. If the City does decide to revise their Land Development Code Chapter 86, which contains the City's procedures for platting, subdividing and parcel reconfiguration, as well as design standards for subdividing, the MDA surveying department can provide useful expertise, having worked in numerous jurisdictions throughout the state. MORRIS �r DEPEW RFQ No. ADM 01-32-11-21 16 The Morris-Depew Associates, Inc., (MDA) Team is comprised of numerous engineers and landscape archi- tects that are proficient in the use of the latest version of AutoCAD, utilizing this software daily to produce work products which are delivered to our clients. As needed, CAD services are available on a time and mate- rials basis to the City of Okeechobee and it is acknowledged that deliverables will be provided with the un- derstanding that those documents will be considered the property of the City to be utilized as necessary by City staff, elected officials, board members, vendors, and authorized consultants in performance of their city - related duties. MORRIS �r DEPEW RFQ No. ADM 01-32-11-21 17 Mapping Between the City's Future Land Use Map (FLUM) and the City's Zoning Map, there exists a multitude of in- consistencies. While it is not entirely clear how this situation came about, it is clear that correcting these in- consistencies should be a priority. Inconsistent map designations often represent a barrier to development, redevelopment, property sales, as well as full or continued usage of property. It is acknowledged that the City Council, Planning Board and Administrator must ultimately direct the actions to address this major issue facing the City. However, the MDA team is prepared to undertake this task with the understanding that a successful strategy will likely begin with identifying all inconsistencies between the FLUM and the Zoning Map, as well as the existing land uses of those parcels with inconsistent designations. It will likely be helpful to create an existing land use map of the entire City, which will aid in identifying the actual land uses of spe- cific properties as well as overall existing land use patterns. The City would then decide on a course of action for changing FLUM and Zoning Map designations, either through City -initiated map changes, encouragement of property owner map changes, or a combination of the two approaches. Whichever direction is ultimately decided upon, it will be important to offer ample opportunity for public involvement in the decision making process. Our Team members are prepared to provide the data and analysis in a format which is readily un- derstandable, facilitate workshops and make available the GIS mapping skills that will be an integral asset to the success of this task. Land Development Code Revisions Through the course of providing planning services to the City of Okeechobee, Mr Smith was made aware that several areas of the City's Land Development Code may be due for updating in order to better address the needs of the community and the modernization of the City. In particular, the supplementary district regula- tions related to signage and landscaping, as well the platting and subdividing procedures of Chapter 86 have been a subject of these conversations. Our Team is well versed in the process of land development code up- dates, which are typically initiated as workshop items to the City Planning Board, who should be provided with relevant materials with which to direct discussions regarding the identification of outstanding issues, examples of exemplary municipal codes of similar communities, and the desired and realistic approach for the City, all while keeping in mind the City's vision and local character. As necessary, the Firm's engineering, landscape architecture, and surveying divisions are available to provide consultation on their specific subject areas of expertise where relevant to any issue. MDA's landscape archi- tecture professionals routinely work with the landscape and signage codes of various jurisdictions to provide aesthetically impressive and workable solutions for a variety of projects. Their breadth of experience in un- derstanding the landscaping realities of the Florida environment provides the balance between form and function that sets their work apart from their industry peers. MORRIS `�` D E P E W RFQ No. ADM 01-32-11-21 18 JZUV41was Rural Communitv Understandin Over its 32 years of operation, Morris-Depew Associates, Inc., (MDA) has provided professional planning, en- gineering, design, surveying and platting services to our public and private sector clients in numerous rural locations throughout Florida; including, Hendry, Glades, Highlands, Marion, Alachua, Gilchrist, Bradford, Clay, Okeechobee, Desoto, Polk, Wakulla and Walton Counties. The Firm's Department Directors and Project Man- agers have resided in Florida for many years. Through our professional and individual experiences, our em- ployees understand the many challenges and opportunities faced by rural communities. Branding and Economic Development The City of Okeechobee has unique existing conditions, including a prime location, that can be promoted and leveraged while establishing strategic partnerships with local and state organizations to support economic growth. The existing stakeholders, elected officials, City Staff, local business owners, residents, as well as or- ganizations like the Economic Council of Okeechobee, Okeechobee Main Street, and the Okeechobee Cham- ber of Commerce are the foundation to promoting economic prosperity while preserving local character. The City's hometown atmosphere of old values and new visions provides an excellent starting point to estab- lish a specific business and lifestyle brand focused on the natural environment, maintaining and strengthen- ing community history, and championing a traditional lifestyle. The City can leverage its existing and unique small town characteristics by identifying and supporting existing small businesses, which are the backbone of the City beyond agriculture. In addition, promoting and increasing tourism supported by the fishing and rec- reational opportunities provided by Lake Okeechobee will benefit the local businesses. These foundational attributes can be utilized as a marketing resource with business owners, tourists, and fu- ture residents and it is noted many of the local agricultural businesses are excellent stewards of their proper- ty in a manner that promotes natural habitat, wildlife management, as well as agricultural crops and live- stock. These efforts would further support the growth and expansion of existing local businesses as well as the development of new business opportunities. These efforts should serve as the cornerstone for future economic development within the City's governance documents. MORRIS �r DEPEW RFQ No. ADM 01-32-11-21 19 Protection and Promotion of Industrial Areas The City of Okeechobee's location at the intersection of SR70 and US441 (Park St and Parrot Ave), as well as the CSX Railway has provided a convenient access to the City's established industrial areas. Economic devel- opment efforts should identify existing industrial operations and businesses as well as encourage continued growth in the City's Industrial park through promotion of the existing logistics and distribution opportunities which utilize the transportation network through the City. Familiarity with Regulatory Agencies The MDA Team coordinates on a daily basis with state and regional agencies, including the South Florida Wa- ter Management District, The Florida Department of Transportation District 1, the Florida Department of Economic Opportunity and others. The relationships with staff and familiarity with the expectations and pro- cesses established by these agencies is a benefit that the MDA professionals bring to every project and cli- ent. Our ability to navigate the latest agency requirements will be an asset to the short and long term plan- ning efforts embarked on by the City. Utility Improvement Funding To promote existing businesses and the associated population and development growth from supporting ad- ditional businesses to locate with the City, improvements to public infrastructure will be needed. The State of Florida offers Revolving Loan Funds for Utility improvements. Additionally, Florida Statutes 163.3180(5)(h) supports the implementation of a proportionate share program for improvements to the transportation net- work, which may include multi -modal options. These opportunities should be discussed and considered as future growth is envisioned. MORRIS �r DEPEW RFQ No. ADM 01-32-11-21 20 MORRI-1 OF ID: SG ACORN CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 12/09/2021 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 endorsements . PRODUCER 813-251-2580 Shea BarclayGrou NIS 501 E Kennedy Blvdd,, Suite 1000 CONTACT Tim Nolen NAME: PHONE 813-261-2680 FAX 813-261-2686 (ac, No,Ent): (ac, No): E-MAIL t1m@sfiea5arcl`ay.com Tampa, FL 336020 Tim Nolen INSURERS AFFORDING COVERAGE NAIC 4 INSURER A: Hanover Professionals 22292 INSURER B: Continental Casualty - CNA 20443 dSURE orrisDDepewAssociates, Inc. 2914 Cleveland Avenue Fort Myers, FL 33901 INSURER C : INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR B6074588513 12/06/2021 1210612022 EACH OCCURRENCE $ 1,000,000 DAMAGETO PREMISES Ea occurrenceRENTED $ 300,000 MED EXP (Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENTAGGREGATE LIMITAPPLIES PER: POLICY JEa LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODI LY INJURY Per rson $ ANY AUTO OWNED SCHEDULED AUTOSONLY AUTOS BODI LY INJURY Per accident $ PROPERTY AMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB 77LAI.,MADE UR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB B 6074688627 12/06/2021 1210612022 DED RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEX OFFICERIMEM R EXCLUDED? ECUTIVE (Mandatory in NH) NIA WC 6 79392872 08/05/2021 0810512022 X PER OTH- E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT 1,000,000 A A/E Professional LHJ H64829600 03/25/2021 0312512022 Per Claim 2,000,000 Liability Aggregate 2,000, 000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ARCHITECTS & ENGINEERS PROFESSIONAL LIABILITY ON A CLAIMS -MADE BASIS WITH DEFENSE COSTS INSIDE THE LIMITS OF LIABILITY CERTIFICATE HOLDER CANCELLATION FORINFI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Information Purposes Only p y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 406 S. Dale Mabry Hwy #241 Tampa, FL 33609 AUTHORIZED REPRESENTATIVE 5y�� ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MORRIS --r DEPEW RFQ No. ADM 01-32-11-21 21 The only litigation to report was the result of a survey error. The claim was settled out of court in pre -suit negotiations by the insurance carrier. MDA was responsible for payment of the policy deductible and was not privy to the amount of the settlement with the client. No legal claims have ever been made for Land Use Planning Services. MORRIS DEPEW RFQ No. ADM 01-32-11-21 22 Fo rm 2 PROPOSAL INFORMATION FORM I certify that any and all information contained in this RFQ is true. I certify that this RFQ is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a RFQ for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I agree to abide by all terms and conditions of the RFQ and certify that I am authorized to sign for the Proposer's firm. Please print the following and sign your name: FIRM NAME Morris-Depew Associates Inc. PRINCIPAL BUSINESS ADDRESS 2914 Cleveland Ave, Fort Myers, FL 33901 TELEPHONE 239-337-3993 EMAIL ADDRESS bsmith@m-da.com FEDERAL I.D. NO. OR SOCIAL SECURITY NUMBER 65-0143521 NAME M. William Morris, Jr., PE, LEED AP TITLE President A T ORIZED SIGNATURE FACSIMILE 239-337-3994 MUNICIPAL BUSINESS TAX RECEIPT OR OCCUPATIONAL LICENSE NO. Page 32 MORRIS RFQ No. ADM 01-32-11-21 23 DEPEW FORM 3A CERTIFICATE OF AUTHORITY (if Corporation) I HEREBY CERTIFY that Morris-Depew Associates Inc. is a business existing under the laws of the State of Florida (the "Entity„ - - — - - -- - and that, as President, I 00, M. William Morris,. Jr, am _ _ _ _ _ , as of the Entity, authorized to execute this Proposal dated--- . 2021 on behalf of the Entity and submit this Proposal to the City of Okeechobee, on behalf IN WITNESS WHEREOF, I have hereunto set my hand of the Entity this Is day of Gam"""' L1.1 1 , 201-1 . Secretary: Print Name: (Seal) )A, S"V President: - tjj"I bin AA4RZ IS .�rL• Print Name: Page i 33 MORRIS RFQ No. ADM 01-32-11-21 24 DEPEW FORM 4 I MU "I cir F, Company Qualification Questionnaire Some responses may require the inclusion of separate attachments. Separate attachments should be as concise as possible, while including the requested information. In no event should the total page count of all attachments to this Form exceed five (5) pages. Some Information may not be applicable, in such instances insert "NIA". 1. How many years has your company been in business under its current name and ownership? 32 years a. Professional Licenses: Certifications (include name and license #)* Issuance Date (*include active certifications of small or disadvantage business & name of certifying entity) 2. Type of Company: [1 Individual [1 Partnersh [1 Corporation [ LLC [1 Other If other, please describe the type of company: a. FEIN EIN Number: 65-0143521 b. Dept. of Business Professional Regulation Category (DBPR): i. Date Licensed by DBPR: ii. License Number: c. Date registered to conduct business in the State of Florida: i. Date filed: � t� - 0 1 l q 8 ii. Document Number: L. 14 6 $ 6 d. Primary Office Location: �0 f -� tArx's Page135 MORRIS �r DEPEW RFQ No. ADM 01-32-11-21 25 e. What is your primary business? (This answer should be specific) C,pu�ov lfi M C ,r •�- o L't�� l J f. Name and Licenses o lay prior compaa es `.Lary � us Name of Company License Name & No. Issuance Date v4- } COL 3. Company Ownership a. Identify all owners or partners of the company: (Attach additional pages if necessary) Name � f - Title (�_ 1�'I M U�/i t-LI G}IW "�` AeJ S � P. P FVs 4 0E ICJ l Ala Yu • C. quTc— C i�ItiLAI.I INA, k t%CALAU rF-4NuPAI. % of ownership 4"1•-7 b. Is any owner identified above an owner in another company? _ If yes, identify the name of the owner, other company names, and °o ownership 4+. ? Iv0 Page 36 MORRIS RFQ No. ADM 01-32-11-21 26 DEPEW c. Identify all individuals authorized to sign for the company, indicating the level of their signing authority (use additional pages/attachments if necessary) Name Title Signatory Authority (All, Cost Up to $Amount, No -Cost, Other) 4.1�LuIDrlhl Aa[tS p,. - iZYP.N 4u�. �r►r1•' i L� - 'f- . INI f C-��de L Dist fifR A A LA- 4. Employee Information DID pt. a. Total No. of Employees: Sri tZr�Ml� b. Total No. of Managerial Admin. Employees: 1� 5, Recent Contracts a. Identify the five (5) most recent contracts in which your company has provided similar services to other public entities. Include the Owner's name and c ntact r person. �. Cw - L- o_e__1 p d ate- �G-sst�r v+.a. �•• 4 - C� 6. Insurance Information: a. Insurance Carrier name & address: s� i C 01 Page 137 MORRIS RFQ No. ADM 01-32-11-21 27 DEPEW b. Insurance Contact Name, telephone, & e-mail: 45" -,f-JL_�- CQ7 t c. Number of Insurance Claims paid out in last 5 years & value: S44-- a 7. In the space below, describe any other experience, not covered by any of the st submittal requirements of the RFQ, related to the Services to be performed under the Agreement that Proposer believes is unique to its organization and would benefit the City. Please see Project Implementation Strategy and Special Consideration responses included this response to the City's Request for Qualifications Page' 38 RFQ No. ADM 01-32-11-21 W By signing below, Proposer ccrtifics that the information contained herein is complete and accurate to the best of Proposer's knowledge. B Signature of Authorized Officer �k . V,)t Lt.t 44►- Uage tS I . Printed Name Date Page 39 MORRIS RFQ No. ADM 01-32-11-21 29 DEPEW FORM 5 Proposer's Team & Key Personnel Key Personnel and Staff Table 1. Proposer shall complete the following chart with its proposed Key Personnel and Staff. If additional space is required, use a duplicate page and attach to this form. Name Job Title Company Years of Experience Years with Proposer p Licenses & Certifications Ben Smith, AICP Director of Planning Morris-Depew Assoc. 14 less than 1 AICP Cindy Leal, MURP Project Planner Morris-Depew Assoc. 5.5 3 MURP Bailey Schleifer Assistant Planner Morris-Depew Assoc. 1 less than 1 Michael Ekblad, PLA Director of Landscape Architecture, MDA 16 6 PLA Eddie Singh Senior Engineering Technician, Morris Depew 26 5 Autodesk AutoCAD Certified User & Page 140 MORRIS �'TDEPEW RFQ No. ADM 01-32-11-21 30 In the space below, explain the Proposer's ability and resources to substitute personnel with equal or higher qualifications than the Key Staff they will substitute for, where substitution is required due to attrition, turnover, or specific request from the City. Morris-Depew Associates is comprised of multiple engineers, planners, landscape architects and surveyors. e pro essiona s in each department and between departments worK as a team to complete projects. This strategy provides for cross training of skills and building of institutional knowledge throughout the Firm. Work production hours are scheduled and tracked to ensure that no team member is over- or under-utilized. Additional staff is hired when trends in work production hours indicate that additional hiring is necessary to meet demand. 3. In the chart below, provide the requested information for each Key Personnel or Staff member's engagement commitments that will exist concurrently with the City's Services. Name Area of Responsibility Commitment Hours Client Period of Engagement Ben Smith Planning Program Director Estimated 7.5 hrs per week Cindy Leal Planner Estimated 4 hou s per week Bailey Schleifer Planner Estimated 2 hou s per week Eddie Singh Engineer Estimated 1.5 hours per week Page l41 MORRIS --r DEPEW RFQ No. ADM 01-32-11-21 31 By signing below, Proposer certifies that the information contained herein is complete and accurate to the best of Proposer's knowledge_ By. Benjamin L. Smith Signature of Authorized Officer Print Name Date: December 9, 2021 Page 142 MORRIS �'TDEPEW RFQ No. ADM 01-32-11-21 32 FORM 6 CLIENT REFERENCES IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, CONTRACTOR TO PROVIDE A MINIMUM OF THREE REFERENCE LETTERS. City of Holmes Beach REFERENCE #I Public Entity Name: Reference Contact Name: Judy Titsworth Eran Wasserman Contact 'Title: Mayor Development Services Director Contact Department: Elected Official Development Services Department Contact Telephone: 941-932-6444 941-932-5798 Contact Email: hbmayor@holmesbeachfl.org dsdirector@holmesbeachfl.org Public Entity Size/Numher of Residents/Square Mileage:1.911 sq mi - 4,468 residents - 2,3381sgmi Contract Start Date: Nov 1, 2021 Contract End Date: ongoing Is the Contract still Active:' Yes No Scope of Work (be as detailed as possible) Review of building permits for compliance with the LDC; Review of applications for rezoning, special exception, variances, FLUM amendments, etc.; Preparation of staff reports, ordinances, studies, memorandums, etc.; Coordination with applicants staff, contractors; Presentations to City Commission, Planning Commission and workshops to present staff reports and provide testimony and recommendations. Page143 REFERENCE ##2 Public Entity Name: Lee Health Reference Contact Name: David Kistel Contact Title: Vice President/Facilities and Support Services Contact Department: Facilities and Support Services Contact Telephone: 239-343-8528 Contact Email: dave.kistel@leehealth.org Public Entity Size/Number of Residents/Square Mileage: 2nd largest employer in Lee County Contract Start Date: Jan 30, 2020 Contract End Date: Jan 31, 2023 Is the Contract still Active? Yes No Scope of Work (be as detailed as possible) Continuing civil engineering services for outpatient facilities for projects that do not exceed $2,000,000 in cost or for fees that do not exceed $200,000. Page l44 MORRIS �r DEPEW RFQ No. ADM 01-32-11-21 34 REFERENCE #3 Public Entity Name: San Carlos Estates Water Control District Reference Contact Name: Chris Lawson Contact Title: District Operations Manager Contact Department: Contact 'Telephone: 239-464-1484 Contact Email: scewcd@hotmail.com Public Entity Size/Number of Residents/Square eager 1900 acre water confrol taxinMtrict Contract Start Date: 2000 Contract End Date: Ongoing Is the Contract still Active? Yes No Scope of Work (be as detailed as possible) District statutory engineer according to FS 298 Page145 MORRIS �r DEPEW RFQ No. ADM 01-32-11-21 35 December 9, 2021 Subject: Recommendation, Morris-Depew Associates, Inc. To Whom it May Concern: Morris-Depew Associates, Inc., provides the City of Holmes Beach with Planning and Zoning Services including building permit review, zoning interpretations and consultation, ordinance research review and preparation as well as planning studies. Morris-Depew Associates, Inc. has done an outstanding job for our City, and I strongly recommend the firm as a professional services consultant. If you have any questions, please feel free to contact me. Sincerely, Eran Wasserman Director of Development Services City of Holmes Beach 5801 Marina Dr Holmes Beach, FL. 34217 (941) 708-5800 ext. 220 dsdirector@holmesbeachfl.org MORRIS DEPEW RFQ No. ADM 01-32-11-21 36 00),14r SancarlosEstates P.O. Box 367807 Bonita Springs, FL 34136 (239) 495-4699 July 9, 2018 City of LaBelle, Attn. Mayr Jo Wilson, LaBelle City Hall 481 West Hickpochee Avenue LaBelle, Florida 33935 7o Whom It May Concern: San Carlos Estates Water Control District has had a professional relationship with Morris-Depew Associates, Inc., since 2000. During that time, they have provided the District with Civil Engineering, Planning, Surveying, and Landscape Architecture services, which include designing and permitting of the 2005 Capital Improvement Project that stabilized our storm water drainage system in accordance with State Laws, and they developed and manage our Right -of -Way permitting that generally consists of access permits for the landowners within the District. Morris-Depew Associates, Inc. has done an outstanding job for our District, and I strongly recommend the firm as a professional services consultant. If you have any questions, please feel free to contact me. Sincerely, 9Ji�aRoberpts San Carlos Estates Water Control District P.O. Box 367807 Bonita Springs, FL 34136 (239)495-4699 Julia.roberts@scewcd.org MORRIS RFQ No. ADM 01-32-11-21 37 DEPEW 0n85 July 12, 2012018 City of LaBelle, Attn. Mary Jo Wilson LaBelle City Hall 481 West Hickpochee Avenue LaBelle, Florida 33935 Subject: Recommendation, Morris-Depew Associates, Inc. Dear Ms. Wilson: Please accept this letter of reference for Moms-Depew Associates, Inc. (MDAI). Currently and in the past, MDAI has had a Continuing Services Contract for Planning and Development Services with the City of Fort Myers. The firm's efforts have included reviewing case files, background research for land use issues within the City, as well as providing professional engineering services for roadway design and construction with the City. MDAI has always provided superior professional planning, engineering, and surveying services in a timely and cost-effective manner, as well as meeting the established deadline for all tasks assigned. As an example of my experience with MDAI's service, I will discuss in detail one particular project that I completed with MDAI. Beginning in January 2016, MDAI was retained by the City of Fort Myers to evaluate an existing code enforcement case, the City's nonconforming use regulations, and to provide an interpretation of the correct application of the City's regulations for an existing business. Although the Whitehead & John's property has been utilized for excavation, processing, and storage, since the late 1960's; unfortunately, a business tax receipt (BTR) for the property was never issued. In 2015, a code enforcement violation was issued to the business for lack of a BTR. Due to the length of operation and the changes occurring on the subject property since the 1960's, it was unclear if a BTR could be issued under the nonconforming provisions of the Land Development Code. The professionals at MDAI worked together across disciplines to evaluate the land planning and engineering related details of the historical and existing use. A detailed analysis was prepared and provided to City staff, and numerous meetings were held to discuss the analysis and use of the property. Ultimately, the interpretation was challenged, and again the professionals at MDAI through a public hearing presented the facts of the case. The final resolution of the matter is still pending. However, throughout the process, the personnel at MDAI performed at the highest professional levels possible. They produced professional work products, coordinated planning efforts, provided litigation support, and undertook presentations. They scrupulously met deadlines, performed within budgets, and exhibited the highest level of professional expertise. 2200 �viyo" 94" dw &Y.9ov • /2.°l9` 927-7fte • may-/,tag/,g4fr_59os .�Oddneaac Y.10 TVV227S% • *W " ye" JV**&,Q jS902 If you have any questions regarding this reference, please feel free to contact me. My telephone number is (239) 321-7024, and my email is azemi@cityftmyers.com. I can also be reached at P. O. Drawer 2217, Fort Myers, FL 33902-2217. :Smcere,11 Sae d Kazemi, P.E., City Manager of Fort Myers, Florida SK: sb MORRIS DEPEW RFQ No. ADM 01-32-11-21 38 "Sweet, Friendly. —Country" HENDRY COUNTY Board of County Commissioners P.O. Box 2340 LaBelle, Florida 33975-2340 Charles T. Chapman IV Mark F. Lapp Barbara Butler County Administrator County Attorney Clerk of the Courts July 6, 2018 City of LaBelle, Attn. Mary Jo Wilson LaBelle City Hall 481 West Hickpochee Avenue LaBelle, Florida 33935 Subject: Recommendation, Morris-Depew Associates, Inc. Dear Ms. Wilson: Please accept this letter of reference for Morris-Depew Associates, Inc. (MDAI). Currently and in the past MDAI has had a Continuing Services Contract for Planning and Development Services with Hendry County. The firm's efforts have included reviewing case files, background research for land use issues within the County, and drafting text amendments to the County's Land Development Code. MDAI has always provided superior professional planning services in a timely and cost-effective manner. As well as meeting the established deadline for all tasks assigned. The professionals at MDAI work together across disciplines to evaluate the land planning and where necessary engineering related details of existing and proposed uses. Detailed analyses are prepared and provided to County Staff for consideration and conference calls or meetings are held to discuss the analysis and appropriate use of property. Throughout the various tasks assigned the personnel at MDAI have performed at the highest professional levels; producing a professional work product, coordinating planning efforts, meeting deadlines, and performing within budgets. If you have any questions regarding this reference, please feel free to contact me. My telephone number is (863) 675-5220, and my email is cchapman@hendryfla.net. I can also be reached at 640 South Main Street, LaBelle, FL 33935. Sincerely, 4Chaurles Chapm IV, ICMA-CM Emma J. Byrd Darrell Harris Mitchell Wills Michael Swindle Karson Turner District I District 2 District 3 District 4 District 5 "This institution is an equal opportunity provider and employer" MORRIS �r DEPEW RFQ No. ADM 01-32-11-21 39 FORM 7 FORM 7 DISPUTE DISCLOSURE Answer the following questions by placing an °'X" after "Yes" or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. 1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES NOV 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES NOV 3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? A survey error resulted in the payment of an YES NO insurance deductable, settled out of court with client by insurance company in pre -suit negotiations If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Proposal or Bid for the City of Okeechobee. Firm: Mjdrriy'jlQ pew Associates Inc. Authorized Signature: Print or Type Name: rt . Wtt_L1 L> VW W�o lag4S JR" Title: PP- crSt E rt Date: i2 t VS. I ?_-e2 I Page 146 MORRIS �r DEPEW RFQ No. ADM 01-32-11-21 40 FORM 8 ACKNOWLEDGEMENT OF ADDENDA I HEREBY ACKNOWLEDGE that I have received all of the following addenda and am informed of the contents thereof: Addendum Numbers Received: (Check the box next to each addendum received) No Addendums Received Addendum 1 Addendum G Addendum 2 Addendum 7 Addendum 3 Addendum 8 Addendum 4 Addendum 9 Addendum 5 Addendum 10 Morris- Depew Associates Inc NAME OF ENTITY AUTHORIZED SIGNATURE Benjamin L Smith PRINT NAME 12-9-2021 DATE Page147 MORRIS �'TDEPEW RFQ No. ADM 01-32-11-21 41 FORM 9 SINGLE EXECUTION AFFIDAVITS THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBI V OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE PROPOSER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE PROPOSER OR BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE PROPOSER OR BIDDER IS DEEMED TO BE NON -RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A PROPOSAL/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF OKEECHOBEE AND ARE STATEMENTS MADE: By: Benjamin L Smith For (Name of Proposing or Bidding Entity): Morris Depew Associates Inc. Whose business address is: 2914 Cleveland Ave, Fort Myers, FL 33901 And (if applicable) its Federal Employer Identification Number (FEIN) is: 65-0143521 (if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn statement. SSff: 1 Americans with Disabilities Act Compliance Affidavit The above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. • The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327,42 USC 1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services; Title 1II, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. • The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-553.513, Florida Statutes: • The Rehabilitation Act of 1973, 229 USC Section 794; Page; 48 MORRIS �r DEPEW RFQ No. ADM 01-32-11-21 42 • The Federal Transit Act, as amended 49 USC Section 1612; • The Fair Housing Act as amended 42 USC Section 3601-3631. Propos Initials Public Entity Crimes Affidavit I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(I)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287. l33(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term `person" includes those officers, directors, executives, and partners, shareholders, employees, members, and agents who are active in management of an entity. Page 49 MORRIS --r DEPEW RFQ No. ADM 01-32-11-21 43 Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) �i Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Heanng Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). 1 understand that the submission of this form to the contracting officer for the public entity identified in paragraph l above is for that public entity only and that this form is valid through December 31 of the calendar year in which it is filed. 1 also understand that I am required to inform the public entity prior to entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes for category two of any change in the information contained in this form. Proposer Initials Page. 50 MORRIS --r DEPEW RFQ No. ADM 01-32-11-21 44 No Conflict of Interest or Contingent Fee Affidavit Proposer warrants that neither it nor any principal, employee, agent, representative nor family member has paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising out of this solicitation. Proposer also warrants that neither it nor any principal, employee, agent, representative nor family member has procured or attempted to procure this contract in violation of any of the provisions of the City of Okeechobee conflict of interest or code of ethics ordinances or State Law. Further, Proposer acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Proposer should the Proposer be selected for the performance of this contract. Pr poser Initials Business Entity Affidavit Proposer hereby recognizes and certifies that no elected official, board member, or employee of the City of Okeechobee (the "City") shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no City employee, nor any elected or appointed officer (including City board members) of the City, nor any spouse, parent or child of such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of Proposer or Vendor, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Proposer. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Proposer. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Proposer recognizes that with respect to this transaction or bid, if any Proposer violates or is a party to a violation of the ethics ordinances or rules of the City, the provisions of and as applicable to City, or the provisions of Chapter 112, part Ill, E.S., the Code of Ethics for Public Officers and Employees, such Proposer may be disqualified from furnishing the goods or services for which the bid or proposal is submitted and may be further disqualified from submitting any future bids or proposals for goods or services to City. Pr ser Initials Page51 MORRIS --r DEPEW RFQ No. ADM 01-32-11-21 45 Anti -Collusion Affidavit 1. Proposer/Bidder has personal knowledge of the matters set forth in its Proposal: Bid and is fully informed respecting the preparation and contents of the attached Proposal/Bid and all pertinent circumstances respecting the Proposal/Bid; 2. The Proposal/Bid is genuine and is not a collusive or sham Proposal.'Bid; and 3. Neither the Proposer/Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Proposer, Bidder, firm, or person to submit a collusive or sham Proposal/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer/Bidder, firm, or person to fix the price or prices in the attached Proposal/Bid or of any other ProposerBidder, or to fix any overhead, profit, or cost element of the Proposal/Bid price or the ProposaUBid price of any other Proposer/Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Okeechobee or any person interested in the proposed Contract. V - Pr ser Initials Scrutinized Comoanv Certification 1. Proposer certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may result from this RFP at its sole option if the Proposer or its subcontractors are found to have submitted a false certification; or if the Proposer, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.. 2. If the Agreement that may result from this RFP is for more than one million dollars, the Proposer certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may result from this RFP at its sole option if the Proposer, it% affiliates, or its subcontractors are found to have submitted a false certification; or if the Proposer, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 3. The Proposer agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under the Agreement that may result from this RFP, As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above -stated contracting prohibitions then they shall become inoperative. 65 Pr ser Initials Page 152 MORRIS --r DEPEW RFQ No. ADM 01-32-11-21 46 Acknowledtment, Warranty, and Acceptance 1. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules and regulations. 2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of RFP No. ADM 01-32-11-21 and any addendum/addenda related thereto. 3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City Council or City Administrator, as applicable. 4. Contractor warrants that all information provided by it in connection with this Proposal is true and accurate. 9 � P poser Initials Sworn Signature of Proposing Entity Representative and Notarization for all above Affidavits follows on the next page. Page 53 MORRIS �r DEPEW RFQ No. ADM 01-32-11-21 47 In the presence of: 1+11111111111 STATE OF FLO IDA COUNTY OF Signed, sealed and delivered: ACKNOWLEDGMENT The foregoing instrument I acknowledged before me by m ns of 'physical resence or online notarization, this day of l mom, 20�, by ft'df ii] L- ,who is personally known tome or produced as identification. �•►'•' AMBERD. FRANCISCQ Notary P blic Signature Notary PUNC. State of Florida * Commission No. HH 52261 }� f 1 �2 `;/ /) f «R Commission Expires 10111/2024 Commission No. 1 r 1 1 1 Page 54 MORRIS --r DEPEW RFQ No. ADM 01-32-11-21 48 229 r_ Y VI. NEW BUSINESS CONTINUED ( 40 C. Motion and second by Council Members Keefe and Clark to[approve a] Piggyback Agreement[with] �'3'�' "Shenandoah General Construction Company, LLC[from]Broward College for Storm Drain Cleaning, AWN d it Repairs, and Maintenance; [and approve Proposal No. P23885,]for the South 4th Street Pipe Lining Mgr[S'Il2�Q vt/ Project in the amount of$808,339.13[as presented in Exhibit 3].Motion Carried Unanimously. 1 D. Motion and second by Council Members Clark and Jarriel to[award a]Professional Services Agreement [for Request For Qualifications No.ADM 01-32-11-21,with effective date retroactive to May 1,2022,] with Morris Depew Associates for[General] Planning Services [as presented in Exhibit 4]. Council Member Keefe moved to amend the motion,changing"City Administrator"to"City Council"in paragraph 8.1;seconded by Council Member Clark.Motion To Amend Carried Unanimously.Following further discussion,Motion Carried Unanimously As Amended. VII. CITY ATTORNEY UPDATE • Will amend the Morris Depew contract with changes as amended by Council on previous Item D. • Working with City Staff on two workers compensation cases. • Working on the River Run Subdivision access documents. • The Holding Zoning Ordinance is being renewed. • Working with City Staff on metal detector agreements for the Primitive Baptist Church property and any City site/property. • Working on easements with the new owner of the Okeechobee Fishing Village and RV Resort[located between SE 5th Avenue to Taylor Creek]. VIII. ADMINISTRATOR UPDATE • Ensured Mayor,Council,and Staff were introduced to Mr.Stephen Conteaguero of Attorney Fumero's office,and in attendance. • Provided update on the impact of Bills 2508 and 620,if signed by Governor DeSantis. • Explained the"green bill"and that it was vetoed by Governor DeSantis. • The City has several grants in the proposed State Budget,that remains unsigned to date. • The new target date for Cattlemen's Square of Flagler Park is June,the project is progressing. • Asked the Council their opinions on allowing scooters for rent in the downtown area as done in many other cities.Several Council Members stated their objections to the proposal. • Reminded everyone of the May 24,2022,6:00 P.M.Joint Council and Planning Board Workshop. He will be meeting with Central Florida Regional Planning Council representatives to develop an agenda outline.If there are any specific issues the Mayor or Council want to discuss,they need to provide them by next week. IX. CITY COUNCIL COMMENTS Council Member Chandler: • Noted that Cattlemen's Square doners were not mentioned in a recent article. Administrator Ritter advised he is meeting with Okeechobee News Staff Writer,Cathy Womble to resolve this. • Wished all the moms a Happy Mother's Day. Council Jarriel: • Happy to see the roadway stripping/improvements in the SW section. • Administrator Ritter responded to his complaint about a business along South Park Street who has too many outdoor display items and within the City right-of-way. Code Enforcement has been working to resolve this issue. • Inquired about garbage cans along South Park Street.Administrator Ritter advised the palm trees along South Park are being removed,trash receptables will be put in their place. Council Member Keefe: • Inquired on the status of the Flagler Park Master Design.Administrator Ritter responded the next item is due August and referenced the previously provided timeline. • Wished his mom,Dolly Mullaney,a very happy birthday! X. ADJOURN,Mayor Watford adjourned the meeting at 7:03 P.M. Submitted By: ' ,1 :.; 6,,,,,/ . i r,?----:. Lane amiotea,C ,City Clerk 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,s/he may need to ensure 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. MAY 3,2022,CITY COUNCIL REGULAR MEETING,PAGE 3 OF 3