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11-07-1995 Agenda Packet
an OF OCOEE BOARD OF CITY COMMISSIONERS Ocoee Commission Chambers November 7, 1995 AGENDA 7:30 p.m. REGULAR CITY COMMISSION MEETING NOTE: Poll Citizens for Comments/Agenda 7:15 p.m. CALL TO ORDER - Mayor Vandergrift A. Invocation. B. Pledge of Allegiance. C. Roll Call and Determination of Quorum. II. PRESENTATIONS AND PROCLAMATIONS A. PRESENTATIONS 1. Certificates of Recognition - Eagle Team Teachers: Debbie Nostro, Laurie Boculac, Lue Bastin, and Mike Boculac. 2. Recognition of Winner and Honorable Mention to Other Contestants in the City of Ocoee Anti-Litter Campaign Contest for Elementary School Children. 3. Christian Service Center - Rev. Arthur Dasher. 4. Plaque of Appreciation - Commissioner Foster. III. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE BOARD OF CITY COMMISSIONERS AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. A. Acceptance and Approval of Minutes of the Regular Meeting held October 17, 1995 and Final Budget Special Session of September 20, 1995. B. Acceptance and Authorization for Mayor and City Clerk to execute Architectural Contract with Jim Swickerath for Lakefront Restrooms. C. Approval and Authorization to purchase additional FCIC II/NCIC 2000 Computer Workstation along with the one authorized August 15, 1995 from Forfeiture Fund for a not-to-exceed cost of $5,500 (2 for 1 price offered). D. Approval and Authorization for Mayor and City Clerk to execute an Interagency Agreement between Ocoee Police Department and Orange County SHOCAP. E. Approval and Authorization for Mayor and City Clerk to execute Agreement re: City Manager Shapiro's Contract. F. Approval and Authorization for Mayor and City Clerk to execute Interlocal Emergency Water Interconnect Agreement with Orange County. G. Approval and Authorization for Planning Director Russ Wagner to serve as primary voting member and Planner Abra Dow as alternate voting member of the Orlando Urban Area MPO's Transportation Technical Committee. H. Approval and Authorization for Final Fund Transfers for FY95. Ocoee City Commission Regular Meeting November 7, 1995 I. Approval and Authorization for Waiver of All Rezoning and Special Exception Fees Related to the First Church of the Nazarene, Inc. IV. COMMENTS FROM CITIZENS/PUBLIC V. PUBLIC HEARINGS A. Ordinance No. 95-27, amending Ordinance No. 93-18 regarding Personnel Rules and Regulations pertaining to Educational Incentives. B. First Reading of Ordinance No. 95-28, relating to Signage.. Second Reading and Public Hearing will be November 21, 1995. VI. OTHER BUSINESS A. Lease/Purchase of Motorola 800 MHz Radio System. 1. Interlocal Agreement with Orange County. 2. Communications System Agreement. 3. Software Licensing Agreement. 4. Service Contract. 5. Resolution No. 95-22, Lease/Purchase Agreement. B. Resolution No. 95-23, Lease/Purchase Agreement for 1995/1996 LODAL EVO- MAG-20 Sideloader, Solid Waste. C. Withers Maguire House 1. Change Orders 1&2 to Mitchell Building Contractors, Inc. for Phase III. 2. Approval of Maintenance Agreement with Mitchell Building Contractors in the amount of $4,878. 3. Resolution No. 95-24, establishing Ocoee Historical Commission as curator of the Withers Maguire House Museum and authorizing their role in making recommendations in other historically significant areas. 4. Withers-Maguire House Museum Operation Agreement between the City of Ocoee and the Ocoee Historical Commission, Inc. 5. Discussion on use of the Withers-Maguire House as a museum. VII. STAFF REPORTS VIII. COMMENTS FROM COMMISSIONERS IX. ADJOURNMENT PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTE 286.0105: ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26:PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK, 150 N. LAKESHORE DRIVE, OCOEE, FL 34761, (407)656-2322 Err. 146, 48 HOURS IN ADVANCE OF THE MEETING. 2 AGENDA 11-7-95 Item II A 1 Judie Lewis k 3467 E. Seminole Street Gotha, Florida 34734-4565 tot October 2, 19954 R 8 j /V.1 / V J A \ VIc., l The Honorable S. Scott Vandergrift City of Ocoee ?f 150 N. Lakeshore Drive Ocoee, Florida 34761 Dear Mayor Vandergrift: You are frequently recognizing citizens in Ocoee for "going the extra mile." Recently four teachers from Ocoee Middle School went the "extra mile" by assisting 150 seventh graders, and approximately 25 parents, in turning a run down, graffiti filled, building into a community project. Eagle Team teachers Debbie Nostro, Laurie Boculac, Lue Bastin, and Mike Boculac, encouraged the students to give of themselves by painting the building on the Ocoee-Apopka Road. Although local businesses donated materials, time, and help, the project was long and tiring. The teachers wanted to focus on the environment, and to give something to a community that had so generously given to them. Please present each teacher with a Certificate of Recognition or Appreciation for striving to instill in young people a sense of commitment and dedication to community pride. 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T U N • ,re:, �� , � . �� • ';e,. � � 4- • p �. 1 .e-.*--'t \i� / : f 144-..11111 i `� : ^ ill tl, , 11:#.N.:111. 1 Ayr- c,;1,,o.,,,,...1,1 ...... ,. ..... .. . .. . it, u i IH.,,,,hild ,4::i::-:+:: ::...1.:.:::........1:i.....::::::::':-..1',1-;::.::.:::.:::::::::'::::::::-...-:i..--:::::::- ::.:::'.::.:1-:::.-::-:1I';::.:::::::.::.::.1..."'::::::''----:-„.H.-;::-..:1::::::::: S .::::::::.:::':,.::.! .:::-...--.,- -.: :...--- 7 ,„,,,,,,,,, . 1 • • o i-4. - • II 11 f 3 11.6, . . .,. ...,III. s°,..-1,1 . .. ;„,..77:7.\ : 1,71; S ..z1?, .„. 3 1,„4: „,,, 'I �� i s��0, s.0 0° s�.ld�• FA/. ^o IFl/. o••` �9lt1 o� � V, -E `!��'"'/''( rVA—, /-� V~ -\ �� —\ kiln I %I I ' AGENDA 11-7-95 "CENTER OF GOOD LIVING -PRIDE OF WEST ORANGE" Item II A 2 Ocoee c / COMMISSIONERS • � j RUSTY JOHNSON o. CITY OF OCOEE PAUL W.FOSTER 150 N.LAKESHORE DRIVE SCOTT A.GLASS 2t9 OCOEE,FLORIDA 34761-2258 JIM GLEASON 't', \�' J� (407)656-2322 CITY MANAGER 44:4t Gf GOOV ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: JANET G. RESNIK, CAPITAL PROJECTS/CONCURRENCY ANALYST DATE: OCTOBER 30, 1995 SUBJECT: "SCORE A BASKET FOR OCOEE - DON'T LITTER" ANTI-LITTER CAMPAIGN LETTER WRITING CONTEST I am pleased to report that the anti-litter campaign letter writing contest sponsored by the City of Ocoee for the four local elementary schools (Clarcona, Ocoee, Spring Lake, and Windermere) was a tremendous success . There were more than 200 entries representing all grades . The contest specifically asked the children to write a letter to someone in their family about the litter problem, why littering is wrong, what they can do to help solve the litter problem, and why they should not litter. The judging was an arduous task; there were so many great letters . After narrowing the field to 38 "finalists" , Commissioner Glass, Darrel Dees, and myself chose one overall winner and eight others to share the "runner up" spot . Sally Davignon, a 5th grader at Windermere Elementary, won the overall contest and will receive a $100 savings bond. The other eight winners, listed below, will each receive a $50 savings bond. Regina Chung, Spring Lake Elementary, 4th grade Danielle Miller, Ocoee Elementary, 2nd grade Sara Rew, Clarcona Elementary, 5th grade Jose Rivera, Ocoee Elementary, 3rd grade Joseph Scott, Windermere Elementary, 3rd grade Felicia Spangler, Spring Lake Elementary, 4th grade Jennifer Tejada, Windermere Elementary, 5th grade Britni Wilson, Clarcona Elementary, 5th grade All nine students have been invited to receive their awards at the November 7 City Commission meeting. The other 29 students, from the group of 38 finalists, will be recognized through certificates from the Ocoee City Commission and will receive one of the reuseable lunch bags that were printed with the anti- litter campaign slogan. Attached are the nine winning entries . I have typed them rather than attaching the actual entry in an effort to save paper. Of 1 Sally Davignon - Overall Winner: Dear Dad, I know that you are not here with me, but you are still watching over me from heaven. You know how the pollution and littering was bad when you were alive, well it's even worse now. I don't understand why people litter because people are destroying the earth. Littering is wrong because of how it effects the environment, the air we breath, and the beauty of the earth. Can you help? Please tell people that they must STOP littering. Dad I do not litter because it is not fair to the kids of the next generation. I have grown up in a beautiful world and my children should be able to also. The next generation should be able to have clean air to breath, no smog to burn their eyes, and a beautiful earth just like us! I remember how much you loved the blue skies, green fields and your animals, Dad we can't continue to litter because eventually we will destroy our earth, and no one wants that. Dad you should not litter because the people who go to heaven would want a clean place to spend eternity in. Love, Your Daughter, Sally. Joseph Scott: Dear Mom, Littering makes the city and neighborhoods look nasty! It can also hurt animals, and pets. New people won't want to live here because it's nasty. If the street is already nasty from people littering, other people will throw trash down too. I don't litter because I care about the only environment we have! If more people will pick up trash then other people will copy them. Everything will be much cleaner. Jennifer Tejada: Dear Baby Sister Daniela, When you were born you thought this was a clean world to live in. Well it is not anymore. Your future is in the hand of the littering public. People do not support their world, they just throw garbage on the ground in the parks and oceans. This makes our environment unhealthy. People who do this do not care about our world nor our future. I want you to grow up to be an anti- litterbug just like me. I do not litter because it damages our environment and poisons our waters. Littering causes health problems and I want to stop littering because we all want to live as long as we can. Our world would be a cleaner and safer one if people just took time to do the right thing and not litter. I hope and pray you will not litter and would help others to do the same; if not for your future for the future of the generations after you. Sincerely, Jennifer Tejada Regina Chung: When you go somewhere like a park, what do you see? Grass, children, adults, playgrounds, and a trashcan. Walk over to the trashcan, look inside, what do you see? Cans, bottles, but not much in there because, most of it is on the ground all around. It's called litter. What's wrong with littering? Well, it makes the place look dirty, stinky, and messy. So what? You say. It's your community. How would you like it if the president of the United States came to you and asked if he/she could see your park? What if there's hardly enough room for you to walk because it's buried with litter? Okay you get the picture. So don't litter. If there's a trashcan nearby put your trash in there. If there isn't, hold it until you find one. But don't panic if your park is full of litterfobia. Just don't litter anymore. Okay? Bye!! It was nice talking to you!! Felicia Spangler: I hate litter. I do not know why people litter. There are things called garbage cans where you throw your trash into. Litter is bad because it kills animals and plants. It also kills flowers. Plus it also kills the earth and it makes our community dirty, ugly, messy and it hurts bodies of water. And that is why litter is bad. Danielle Miller: Dear Sarah, I wrote this poem for you! Please don't litter. Please don't litter. On the playground. Please don't litter. Put your trash in the can. It will be picked up, by the garbage man! Love, Danielle Miller Jose Rivera: Dear Mom, We can stop littering by going outside and by going through Ocoee and looking for trash. We can keep our city clean and beautiful for us to see and love. We can make a change in Ocoee by cleaning the grounds of Ocoee. We can do the grass, clean the waters of Ocoee, and the woods of Ocoee to save Ocoee's woods, the woods are getting trashed fast. The more we clean the woods the more beautiful and cleaner they'll get. We can do the best we can. Clean the woods better, and the waters we can to the same as the woods. But for the waters we need to do better. We need clean water to drink and cook and to boil. We need to clean the woods too for animals and we need oxygen to breath. The oxygen is good for us. Sara Rew: Dear Mom, Hello! How are you doing? Well I'm not doing so well. Because every where I go I see trash! mean come on! There's trash in the street, trash on the sidewalk, trash in yards, and in parking lots, but hardly any in trash cans! If people harm the earth, we won't have the beautiful flowers, trees, and plants that we have today. People get a coke drink it and throw it in the street. I may only be a child but I would like to grow up in a beautiful environment. Wow I bet if you took some of the trash from a city and compared it with the amount from the trash cans, I bet that the trash would win. That's how much litter there is in just one city! So imagine how much there is in the world! So I hope very much that people won't litter! Sincerely, Sara Rew. Britni Wilson: Dear Grandmama, Hello! So what's up! I've been looking at all kinds of litter all over the place and this is awful. Today me and my friend are going to pick up all the litter around Ocoee. Dad is taking us. It's getting really bad. Everyone comes to Ocoee and is throwing their trash all over the place. It is really getting sick. I wish that no one threw their plastic 6-pack holder in the lake. We went yesterday around the lake and we buried 3 dead birds. It was really sad. Maybe if we made up a group around Ocoee that we can all pitch in and clean up Ocoee. That would be a great success and make Ocoee nice again. Love, Britni P.S. Do you want to join? cc: Ellis Shapiro, City Manager Montye Beamer, Director of Administrative Services Darrel Dees, Solid Waste/Fleet Maintenance Supervisor � AGENDA 11-7-95 , , 3 Item III A MINUTES OF THE CITY OF OCOEE CITY COMMISSION MEETING HELD OCTOBER 17, 1995 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commission chambers. Commissioner Foster led in prayer and Mrs. Hilda Ems led in the pledge of allegiance. Upon calling the roll Mayor Vandergrift announced a quorum present. PRESENT: Mayor Vandergrift, Commissioners Foster, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Personnel Director Psaledakis, Planning Director Wagner, Planner Dow, Concurrency Analyst Resnik and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS PRESENTATION - VIEWING OF PUBLIC SERVICE ANNOUNCEMENT FOR ANTI-LITTER CAMPAIGN. Concurrency Analyst Resnik showed the Anti-Litter Campaign Public Service Announcement which had been written and performed by Ocoee Middle School students and filmed by TotalReach Production Company. Ms. Resnik announced that the film will be displayed during October and November on several local channels. PROCLAMATION Mayor Vandergrift read a proclamation proclaiming November Epilepsy Awareness Month and then a proclamation proclaiming Florida Red Ribbon Week - October 21 - 31, 1995. Mayor Vandergrift, seconded by Commissioner Gleason, moved that the Red Ribbon Proclamation be adopted as presented and executed by the Mayor and each Commissioner. Motion carried 5-0. CONSENT AGENDA The consent agenda consisted of items A, B, and C. Commissioner Gleason, referring to item B, asked for clarification on the method used for the billing for the upgraded street lights. Administrative Services Director Beamer responded that the charge is only for the difference between the standard lights and the upgraded lights. Commissioner Glass noted that, in item A, the Minutes for October 3 Regular Meeting the following phrase should be added: That Commissioner Glass "...thanked TotalReach Production Company and teachers and staff." Mayor Vandergrift, seconded by Commissioner Foster, moved to a.prove the consent agenda as corrected. Motion carried 5-0. A. Acceptance and Approval of Minutes of the Regular Meeting held October 3, 1995, and Special Session/Budget Hearing of September 6, 1995 which Minutes include the Continuation/Conclusion of Regular Meeting of September 5, 1995. B. Acceptance and Approval of Admiral Pointe Developers and Homeowners Association Agreement for Upgraded Street Lights. C. Acceptance and Approval of Admiral Pointe Final Plat. D Ocoee City Commission Regular Meeting October 17, 1995 COMMENTS FROM CITIZENS/PUBLIC Mr. Tim MacAllister, 6919 Cross Cut Court, described a water/drainage problem on his street which is causing a health/safety concern. City Manager Shapiro advised that he and City Engineer Shira had responded to Mayor Vandergrift's call to that area on Friday night and, in cooperation with Orange County, had devised a method to protect Apopka Road from overflow from the front pond by rerouting the water to the rear pond. At Mayor Vandergrift's request, Mr. Shapiro said he would contact the County and request that they reroute to the backside of the property. Mr. Richard Roderick, 2517 Greywall Avenue, talked about a particular drainage problem in Sawmill at 5113 Mill Stream Road. There was discussion regarding just how to reach a solution to that problem along with all of the drainage problems and the cost involved. Mr. Shapiro advised that research is underway at this time and he would be asking for a special session as soon as he knows the cost and recommendations. He said that in the meantime he would ensure that all that could/should be done by staff has been done and would report in writing. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, talked about Prairie Lake Boulevard not standing up under the excess water problem and then asked about opening Rich Drive to Hackney Prairie Road. Mr. Shapiro responded that the last time opening Rich Drive was discussed there were many citizens present in opposition to the opening. He said further that the City's initial responsibility to Burnden Park was a guarantee of a paved entrance to their development. It was not economically feasible to pave the one mile or more Hackney-Prairie Road, but when Clarke Road is completed the 800 yards could be paved. Mayor Vandergrift advised Mr. Mohnacky to come back with a petition signed by 90% of the citizens in that area in order to have Commission consider the issue of opening Rich Drive. The Citizen Comments were closed until after the second scheduled public hearing, when Mayor Vandergrift discovered Mr. Gray's request to speak and invited him to the lectern. Mr. Bill Gray, 1067 Turnbuckle Court, requested that street lights be installed on Montgomery Street. There was some discussion regarding whether that street was in the City or County and whose responsibility it was to provide lights and mowing. Planning Director Wagner said that both sides are in the City. City Manager Shapiro left the meeting briefly to meet with Mr. Gray outside the room. PUBLIC HEARINGS ORDINANCE No. 95-22, CASE No. AR-94-12-10:CHINABERRY COVE ANNEXATION. ANNEXATION AGREEMENT City Attorney Rosenthal announced that this agenda item involves an Annexation Agreement which will be considered prior to the Ordinance. Planner Dow presented the staff report, 2 Ocoee City Commission Regular Meeting October 17, 1995 describing the property to be considered as Chinaberry Cove, a 15.41 acre parcel located on the southeast corner of 17th Avenue and Clarcona-Ocoee Road (Lakewood Avenue). The Annexation Agreement includes such items as right-of-way dedication along 17th Avenue and Clarcona-Ocoee Road in accordance with the Land Development Code and delaying rezoning until the details have been worked out for PUD zoning. Ms. Dow reported that the Planning and Zoning Commission had found the proposed annexation to be consistent with the Ocoee Comprehensive Plan, the Ocoee Land Development code, local annexation criteria, and the JPA Agreement, and that Staff recommended approval of the annexation agreement subject to the adoption of Ordinance No. 95-22. Commissioner Foster, seconded by Commissioner Gleason, moved to approve the Annexation Agreement between the City of Ocoee and Charles D. Phillips, Debra L. Phillips, Christopher J. Foltz, Nea F. Foltz and Sendro Group, Inc., subject to the approval of Ordinance No. 95-22, and authorize execution by the Mayor and City Clerk. Motion carried 5-0. Ms. Dow pointed out that there were residents present at the Planning and Zoning public hearing expressing concern over the stormwater issues regarding this property and that Commission had recommended approval of the Annexation Ordinance subject to the execution of this Agreement with the understanding that staff would address the stormwater concerns as part of the development review process. ANNEXATION ORDINANCE No. 95-22 City Attorney Rosenthal read the title only of the Ordinance for the second reading and public hearing, and pointed out that the Annexation Agreement has been executed but the two Joinder and Consents have not been received. Mayor Vandergrift stated that this is an annexation ordinance subject to a rezoning ordinance that may be passed in the future subject to the drainage problems being handled before the rezoning will be passed. The public hearing was opened. Mrs. Mazie Creech, 118 Mobile Lane, said she was not against Chinaberry Cove, but she was concerned that the easements to her property adjacent to Chinaberry Cove might not be honored and her place would be landlocked. Planning Director Wagner explained that her concerns were documented in his office and that the Developer was aware of them and intended to maintain the easement. Mrs. Christine Boothe, 1094 N. Lakewood Avenue, distributed pictures of the area showing water standing in the streets, sidewalks and yards and expressed concern that the development will cause more water than the area can accommodate. Mr. Manning Spivey, 233 17th Street, said he owns 660' along 17th Street and recalled that when 2 houses were built several years ago on 17th/Clarcona-Ocoee Road the existing pond was filled in, and he was concerned that the only place the water from the rooftops of Chinaberry Cove would have to go would be his property. 3 e c� Ocoee City Commission Regular Meeting October 17, 1995 Mr. Rosenthal clarified that the Annexation Agreement does not address the drainage issues being discussed, but that they would be addressed through the zoning process, the PUD process and the subdivision regulations that are in place in the City. The public hearing was closed. Commissioner Glass, seconded by Commissioner Johnson, moved to adopt Ordinance No. 95- 22, subject to the Joinder and Consents of the mortgage holders to the Annexation Agreement previously approved. Motion carried 5-0. RECESS 8:45 P.M. TO 9:00 P.M. ORDINANCE No. 95-23, CASE No. AR-94-09-09:THOMPSON/STILL ANNEXATION. This Ordinance was presented by title only for the second reading and public hearing. Ms. Dow gave the staff report describing the subject property as a 2.14 acre parcel east of Marshall Farms Road and north of West Colonial Drive, and reported that the Planning and Zoning Commission found the proposed annexation to be consistent with the Ocoee Comprehensive Plan, the Ocoee Land Development Code, Chapter 171, Florida Statutes, and the JPA Agreement. The public hearing was opened. Mr. Allen Parker, representing the owners, was present to answer any questions. As no one wished to speak, the public hearing was closed. Commissioner Foster, seconded by Commissioner Gleason, moved to approve the Thompson/Still Annexation Petition #AR-94-09-09 and adopt Ordinance No. 95-23. Motion carried 5-0. IT WAS AT THIS POINT IN THE MEETING THAT MR. BILL GRAY MADE THE STATEMENTS LISTED UNDER CITIZEN COMMENTS. ORDINANCE No. 95-24, CASE No. AR-94-09-09:THOMPSON/STILL REZONING. This Ordinance was presented by title only for the second reading and public hearing. Ms. Dow gave the staff report, noting that the Planning and Zoning Commission found the proposed rezoning to be consistent with the Ocoee Comprehensive Plan, the Ocoee Land Development Code, the character of surrounding development and zoning patterns and the JPA Agreement. Both P & Z and staff recommended approval of the request to rezone the parcel to C-3, General Commercial District. The public hearing was opened. As no one wished to speak, the public hearing was closed. 4 Ocoee City Commission Regular Meeting October 17, 1995 Commissioner Foster, seconded by Commissioner Glass, moved to adopt Ordinance No. 95- 24. Motion carried 5-0. ORDINANCE No. 95-25, CASE No. AR-95-06-02:JERNIGAN ANNEXATION. City Attorney Rosenthal presented this ordinance by title only for the second reading and public hearing and noted that the Annexation Agreement has been properly executed. Ms. Dow gave the staff report, describing this as a single family residence parcel of 4.438 acres located on the north side of West Colonial Drive, just west of the Florida Turnpike Interchange and she listed the potential development concerns which are a part of the Annexation Agreement. She reported that the Planning and Zoning Commission found the proposed annexation to be consistent with the Ocoee Comprehensive Plan, the Ocoee Land Development Code, Chapter 171, Florida Statutes, and the JPA Agreement. Mr. Jeff Douglass was present representing the owners. Commissioner Glass, seconded by Commissioner Johnson, moved to approve the Annexation Agreement with Anna Mae Jernigan and Florence Jeannette Wilson subject to final approval and adoption of Ordinance No. 95-25. Motion carried 5-0. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Glass, seconded by Commissioner Gleason, moved to adopt Ordinance No. 95- 25. Motion carried 5-0. ORDINANCE No. 95-26, CASE No. AR-95-06-02:JERNIGAN REZONING. This Ordinance was presented by title only for the second reading and public hearing. Ms. Dow said that the whole staff report was summarized in the title and she noted that the Planning and Zoning Commission had recommended approval of the requested rezoning to C-3, General Commercial District. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Glass, seconded by Commissioner Johnson, moved to adopt Ordinance No. 95- 26. Motion carried 5-0. RESOLUTION No. 95-18, VACATING B.C. TERRY RIGHT-OF-WAY. This Resolution was presented by title only. Planning Director Wagner gave the staff report and advised that, due to the many existing difficulties which would make the vacation of the roadway impractical, (such as the fact that there are trunk lines for the utilities companies in that right-of-way which the companies are reluctant to specifically locate) staff recommended denial of the vacation. 5 Ocoee City Commission Regular Meeting DFA October 17, 1995 There was discussion regarding the responsibility of maintenance of the roadway, and the difficulties to be dealt with if action is or is not taken to vacate. City Manager Shapiro stated for the record "...the City's position regarding the water/sewer lines is that we are less upset about that becoming an easement because we know where they are, while the rest of the utilities do not know." Commissioner Gleason wished to delay the decision in order to give the developers an opportunity to meet with the utility companies. Mr. Wagner pointed out the necessity to consider the cost of regrading the lots and making sure the drainage works and he said a solution regarding fencing and future access would have to be worked out as well. The public hearing was opened. Mr. Bill Gray, 1067 Turnbuckle Court, spoke representing the residents in The Highlands and expressed concern about the condition of the right-of-way. He said they were neither for nor against the vacation, but would like to see it mowed. Mr. Sam Keith, 1127 Turnbuckle Court, said that both the City and the County had denied responsibility for the right-of-way several years ago and he asked that it either be maintained or vacated so that someone would care for it. Ms. Kathy Beyers, 1111 Turnbuckle Court, said that the bushes and weeds are higher than the fence and she was afraid to walk back there because of the snakes and rodents. Both Commissioner Foster and Commissioner Johnson spoke against the vacation. Commissioner Gleason, seconded by Commissioner Glass, moved to continue the public hearin. to November 21 1995 at 7:30 ..m. Motion carried 3-2 with Ma or Vander.rift Commissioners Glass and Gleason voting "aye," and Commissioners Foster and Johnson voting "nay." City Manager Shapiro stated for the record that he would guarantee that someone will be mowing that right-of-way within 2 days. Mr. Bill Gray said from the telephone down is barricaded and he wanted to be sure that access to his property is not cut off. RECESS 9:55 P.M. TO 10:10 P.M. OTHER BUSINESS FIRST READING OF ORDINANCE No.95-27,REVISING THE EDUCATIONAL INCENTIVE PROGRAM IN THE PERSONNEL RULES AND REGULATIONS. SECOND READING AND PUBLIC HEARING WILL BE NOVEMBER 7, 1995 AT 7:30 P.M. 6 Fr)) D ' Ocoee City Commission Regular Meeting --� - October 17, 1995 This Ordinance was presented by title only for the first reading. Mayor Vandergrift announced the time and place of the second reading and public hearing. RESOLUTION No. 95-20, ADOPTING INVESTMENT POLICY. This Resolution was presented by title only. Adminstrative Services Director Beamer gave the staff report, noting that this Resolution clarifies and specifies the procedures used in the City's investment activities. Mayor Vandergrift, seconded by Commissioner Johnson, moved to adopt Resolution No. 95-20 as presented. Motion carried 5-0. RESOLUTION No. 95-21, ESTABLISHING A DRUG FREE WORKPLACE FOR EMPLOYEES. This Resolution was presented by title only. Personnel/Employee Relations Director Psaledakis gave the staff report, and advised that the City will receive a 5% reduction in the workers' compensation rate upon adoption of this Resolution. She explained that there will be no random testing of employees but an employee with a problem will be given assistance toward rehabilitation on a one-time-only basis. Mayor Vandergrift noted that the word "company" should be changed to "City" and he asked that the policy be reduced to one page rather than one and a half pages for ease of distribution. Commissioner Glass and Mayor Vandergrift volunteered to be tested to set an example for employees. Mayor Vandergrift, seconded by Commissioner Gleason, moved to adopt Resolution No. 95- 21 with the editorial changes noted. Motion carried 5-0. YEARLY EVALUATION OF CITY MANAGER. Mayor Vandergrift polled Commission for comments. Commissioner Foster said the City Manager had his support. Commissioner Glass said he had submitted a written evaluation and generally the City Manager had his support. They have already discussed the areas that he felt needed attention. Commissioner Gleason said he submitted his evaluation late this afternoon and apologized for the late submittal. He said he thought that Mr. Shapiro should have an opportunity to review the evaluation in private and be prepared to respond to his concerns. He said he had reviewed Mr. Shapiro's travel reports, time schedule, and credit card and he was disappointed and not satisfied with his performance since February. Commissioner Johnson said he had not submitted his evaluation, but he has a problem with the way Mr. Shapiro comes across to the public. He noted that, however, when Mr. Shapiro's 7 Ocoee City Commission Regular Meeting October 17, 1995 contract comes up for consideration the public comes forward to say what a good job he is doing. He said he had been to dinners with Mr. Shapiro but discussed City business at the time. He suggested that those dinners were not as costly as family insurance coverage provided for another Commissioner. He proposed that Commissioners give up whatever they have been receiving. City Manager Shapiro interjected that he would prefer to have an opportunity to review Commissioner Gleason's evaluation and respond to his concerns rather than have it discussed openly in this manner. Commissioner Gleason and Commissioner Johnson continued to discuss some of the issues at length. Commissioner Foster stated that Commission has a responsibility to submit a written evaluation, not to discuss it in open meeting, and Commissioner Glass agreed. Mayor Vandergrift said that he had prepared and submitted an in-depth evaluation and asked City Manager Shapiro to step down. City Manager Shapiro stated for the record that he did not intend to resign. APPOINTMENTS TO BOARDS CODE ENFORCEMENT BOARD - CAROLYN ALEXANDER - TERM EXPIRES NOVEMBER 1995. Mayor Vandergrift, seconded by Commissioner Glass, moved to appoint John Linebarier to the seat on the Code Enforcement Board vacated by Carolyn Alexander's resignation with the term ending November 1998. Motion carried 5-0. Mayor Vandergrift, seconded by Commissioner Foster, moved to appoint Bruce Holmes to serve as 2nd Alternate on the Code Enforcement Board with the term ending October 1998. Motion carried 5-0. RECREATION ADVISORY BOARD-CAROLYN ALEXANDER-RESIGNED-TERM EXPIRES APRIL 1997. Mayor Vandergrift, seconded by Commissioner Glass, moved to appoint Fred Daugh , Jr. to the seat on the Recreation Advisory Board vacated by Carolyn Alexander's resignation with the term ending April 1997. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. 8 rr? Ocoee City Commission Regular Meeting October 17, 1995 COMMENTS FROM COMMISSIONERS Commissioner Johnson: No comments. Commissioner Foster: No comments. Commissioner Glass: No comments. Commissioner Gleason: 1) Announced again the number 656-2218 for the RSVP line for citizens to call with questions/concerns/comments/complaints. 2) Said that Mr. Fergus on Dovetail had expressed appreciation for the help in sandbagging around his property, but now the stench from standing water, the snake, mosquitoes and ants in the house are causing extreme discomfort. City Manager Shapiro said that he will see what he can do about the situation. Mayor Vandergrift: 1) Thanked those who helped with sandbags at the Sawmill and Forest Oaks, and clearing the drainage ditch at Pioneer Key Park areas. He noted that the water at Tranquille Oaks was coming from under the railroad tracks and asked that sandbags be put on the other side of the tracks. Mr. Shapiro said he would call and ask permission but he doubted that it would be granted. 2) Sidewalks in front of 5016 Log Wagon Road are still cracked. 3) Said he would like to call a volunteer clean up day since the permits have come in to clean the lake. Ms. Beamer said the permits say only that the clean up can be either by hand or by application of Rodeo. Mr. Shapiro added that he could supply the utensils but not the manpower as the money for overtime would not be available. Mayor asked for the cost of compacting the cleanup debris on site. Ms. Beamer said that last year there were several experienced people on site (Winter Garden Staff) who could give direction to volunteers for the Lake Apopka cleanup. ADJOURNMENT The meeting adjourned at 11:05 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 9 Ocoee City Commission Regular Meeting October 17, 1995 COMMENTS FROM COMMISSIONERS Conunissioner Johnson: No comments. Commissioner Foster: No comments. Commissioner Glass: No comments. Commissioner Gleason: 1) Announced again the number 656-2218 for the RSVP line for citizens to call with questions/concerns/comments/complaints. 2) Said that Mr. Fergus on Dovetail had expressed appreciation for the help in sandbagging around his property, but now the stench from standing water, the snake, mosquitoes and ants in the house are causing extreme discomfort. City Manager Shapiro said that he will see what he can do about the situation. Mayor Vandergrift: 1) Thanked those who helped with sandbags at Sawmill and Forest Oaks, and clearing the drainage ditch at Pioneer Key Park areas. He noted that the water at Tranquille Oaks was coming from under the railroad tracks and asked that sandbags be put on the other side of the tracks. Mr. Shapiro said he would call and ask permission but he doubted that it would be granted. 2) Sidewalks in front of 5016 Log Wagon Road are still cracked. 3) Said he would like to call a volunteer clean up day since the permits have come in to clean the lake. Ms. Beamer said the permits say only that the clean up can be either by hand or by application of Rodeo. Mr. Shapiro added that he could supply the utensils but not the manpower as the money for overtime would not be available. Mayor asked for the cost of compacting the cleanup debris on site. Ms. Beamer said that last year there were several experienced people on site (Winter Garden Staff) who could give direction to volunteers for the Lake Apopka cleanup. ADJOURNMENT The meeting adjourned at 11:05 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 9 AGENDA 11-7-95 "CENTER OF GOOD LIVING -PRIDE OF WEST ORANGE" Item III B OCOet@ O / COMMISSIONERS o • �� RUSTY JOHNSON �� CITY OF OCOEE PAUL W.FOSTER v O ( 150 N.LAKESHORE DRIVE SCOTT A.GLASS f� C, OCOEE,FLORIDA 34761-2258 JIM GLEASON yJ, '`' �� (407)656-2322 CITY MANAGER 141 �f G00��` ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: October 26, 1995 RE: ARCHITECTURAL SERVICES - STARKE LAKE RESTROOM Attached to this memo is a proposed contract between the City of Ocoee and Mr. James Swickerath for the provision of architectural design services for the restroom to be located on Starke Lake. We are indeed privileged to have a professional architect in our City who was willing to do this project at about his cost as a public service to the community. We would recommend this contract be approved. Respectfully Submitted, ES lw:fdg:59 Attachment • Agreement Between: the City of Ocoee (the Owner), whose mailing address is 150 N. Lakeshore Drive, Ocoee, Florida 34761 and James Swickerath A.I.A. (the Architect), whose mailing address is 1203 Ridgefield Avenue, Ocoee, Florida 34761 For professional architectural design services required for the erection of a Public Toilet/Comfort Station to be constructed in the Municipal Complex on Starke Lake in Ocoee, Florida. (the Project) See Attachment One for more detailed description of Project. ARTICLE 1 ARCHITECTS SERVICES 1.1 The Architect will provide professional design services for the purposes of bidding, permitting and constructing the Project. 1.2 Professional design services will include normal/building engineering for structural, mechanical, and electrical disciplines as a part of the Architect's work. 1.3 All work will be performed by or under the direction of registered professionals licensed to practice their respective disciplines in the State of Florida. 1.4 The Architect and his consultants will exercise reasonable care and professional skill consistent with industry standards in the fulfillment of these services. 1.A DESIGN PHASE During this phase of the service the Architect will: 1.A.1 Meet with the Owner to confirm detailed Project requirements and present them to the Owner for approval. 1.A.2 Upon Owner approval of Project requirements and authorization to proceed, the Architect will: a. perform an architectural site analysis; b. develop two (2) conceptual design solutions to the Project for the Owner's review and comments; and c. make a recommendation as to most appropriate concept to develop and rank concepts as to most and least costly. 1.A.3 The Design Phase will be completed by Architect within ninety (90) days from the date the Architect receives the information required by Attachment Two with respect to civil engineering matters. 1.B DOCUMENTATION PHASE 1.B.1 During this phase the Architect and his consultants will prepare the Project drawings and outline specifications. Project drawings will include structural, mechanical and electrical drawings for the Project, except for those services to be provided by Owner as set forth in Attachment Two. The Architect will also coordinate his documents to incorporate the documents prepared by the Owner's Civil Engineer and include said drawings and specifications in the Project's final documentation. 1.B.2 The Documentation Phase will be completed within one hundred eighty (180) days of completion of the Design Phase. 1.0 CONSTRUCTION PHASE 1.C.1 Architect will assist the Owner in evaluation of bids submitted to Owner by general contractors for the construction of this Project. 1.C.2 Visit the construction site to determine if work is progressing in accordance with the requirements of the documents. 1.C.3 Meet with the Owner and general contractor to review requests for payment and make recommendations for payment based upon his evaluation of the work completed. 1.C.4 The Architect will interpret the contract documents. 1.D OTHER ARCHITECT RESPONSIBILITIES 1.D.1 Architect will, without additional compensation, correct or revise any errors or deficiencies in his designs, drawings, specifications and other services. ARTICLE 2 OWNER'S RESPONSIBILITIES 2.1 Appoint an individual to function as its representative to the Architect for this Project. The Owner's representative shall be empowered to answer questions and make binding decisions for the Owner. 2.2 Provide the Architect with information and services requested and agreed to in a timely fashion. (Attachment Two lists in more specific detail the types of information and services the Architect expects to be required at this time.) 2.3 Provide the Architect with reasonable access to the Owner's civil engineer as authorized by the Owner's representative. 2.4 Remunerate the Architect for services rendered in a timely fashion pursuant to ARTICLE 5 of the Agreement. ARTICLE 3 TERMINATION Owner and Architect agree that either party can terminate this Agreement with a written notice sent via registered United States Mail with return receipt requested. Owner agrees to compensate the Architect for all work performed by the Architect prior to receipt of notice of termination, unless Architect is terminated for cause, which shall be a breach of this Agreement by the Architect. ARTICLE 4 OTHER PROVISIONS 4.1 This Agreement is to be governed by the laws of the State of Florida. 4.2 Owner knows that the Architect does not have a personal Professional Liability Insurance Policy, and can not afford to secure such coverage for a project of this size and agrees to waive any requirements for the Architect to maintain such coverage for this project. 4.3 All plans, drawings, reports and specifications that result from the Architect's services under this Agreement shall become the property of the City. The Architect shall retain possession of the originals of all documents. 4.4 Wherever and whenever applicable, all documents including drawings and specifications furnished by Architect pursuant to this Agreement, may be reused for future projects within the City. 4.5 This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the opposite party and only by a document of equal dignity herewith. However, this Agreement shall run to the Ocoee City Government and its successors. ARTICLE 5 COMPENSATION TO THE ARCHITECT 5.1 The Architect's fee shall be a lump sum amount of Three Thousand Seventy Five ($3,075.00) Dollars. 5.2 Schedule of payments to the Architect 5.2.1 A retainer of Seventy-Five ($75.00) Dollars 5.2.2 At presentation of Conceptual Schemes (1.A.2) Four Hundred ($400.00) Dollars 5.2.3 At completion and acceptance by City of Construction Documents Two Thousand One Hundred ($2,100.00) Dollars 5.2.4 Monthly during Construction Contract Administration Phase to total Five Hundred ($500.00) Dollars. Architect is expecting construction to be complete within three (3) months. 5.3 Additional Services 5.3.1 Will not be performed without written authorization from the Owner. 5.3.2 Authorized Additional Services will be charged at the following rates: 5.3.2.a. Architect and Structural Engineer at Sixty-Five ($65.00) Dollars per hour. 5.3.2.b. Mechanical, Electrical and Plumbing Engineers at Seventy- Five ($75.00) Dollars per hour. 5.4 Reimbursable Expenses The Architect will be reimbursed for the actual costs of Feproduction of documents for this Project. Architect will provide one (1) reproducible set of documents (i.e., mylars) to the Owner for reproduction at the Owner's expense at the conclusion of each invoicing period identified in Article 5. DATED THIS DAY OF , 1995. ARCHITECT: OWNER: • CITY OF OCOEE, FLORIDA BY: J• it S P. SWICKERATH AIA S. Scott Vandergrift, Mayor • ' HITECT (FL#AR0005795) ATTEST: (SEAL) Jean Grafton, City Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 1995. FOLEY & LARDNER BY: CITY ATTORNEY APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 1995, UNDER AGENDA ITEM NO. Attachment one (Detailed project description) Physical facilities Two(2)public toilet rooms each with: One water closet One lavatory One door One toilet paper dispenser One paper towel dispenser and waste receptacle or electric hand dryer One pair of grab bars One floor drain Quarry tile(non-slip)floor and sanitary base Natural and artificial lighting Natural and mechanical ventilation. One(1)janitor's closet with: One mop sink One hose bib Shelving for cleaning and consumable(toilet paper,hand soap)supplies Provision for a"secure"location for electrical and control panels. Exterior facilities to be included: Drinking fountain(tap temp,no cooler) Foot shower Space with power to locate a vending machine for the dispensing of soft drinks. Design criteria 1.The facility is to be"accessible"and comply with the requirements of the Americans with Disabilities Act(ADA). 2.Be designed to: a.discourage vandalism and abuse or unauthorized/unintended use b.be as maintenance-free as possible c. make security as convenient as practical and d. be as energy-efficient as possible. 3. Aesthetically, the project must be compatible with the new City Hall and Public Safety buildings which are the most significant structures on the municipal campus. 4. Although a structure with a humble or utilitarian purpose,this project's location in the municipal complex is extraordinarily prominent,dictating unusual care and skill in its design to: a.be as unobtrusive as possible and b. as sensitive as practically possible to the maintenance of existing vistas from the complex in the satisfaction of its program requirements. Attachment Two Descriptive list of tasks, information and services the Owner will provide per this agreement. 1.Information 1.1 Legal description of property 1.2 Boundary survey of campus 1.3 Topographic survey(extending from east face of Ocoee Community Center east to shore of Starke Lake north 20' west of road running east-west between Bluford Ave.and Lakeshore Drive and south to a point 20' south of existing drain field and septic tank)with contours at one-foot intervals,locating all existing utilities(both overhead and underground)roads, parking facilities and trees protected by the city's arbor ordinance within limits of survey described above. 1.4 Identify all utility providers 1.5 Copies of all existing geotechnical information on the municipal campus. 1.6 At the discretion of the Architect,additional geotechnical investigations as recommended by the Architect and/or his consulting engineers. 1.7 Schedules for invoicing and processing of account payable to conform with the Owner's "normal"procedures and time frame. 2.Services(Provision of civil engineering services not included in this proposal) 2.1 Clarification of status of existing septic system permit, i.e., temporary or permanent. 2.2 Conversion of said permit to permanent status, if necessary. 2.3 Determine if the tank can be relocated and effluent pumped to existing drain field under existing permit. 2.4 Design and provide construction documents for effluent transfer from this project to the existing drain field.(Architect and his structural engineer design and document effluent "holding"facility to Owner's civil engineers requirements and given proper information detail pump/cover interface for approval of Owner's civil engineer as a part of the agreement,subject to the Owner's civil engineer and his/her signing and sealing of documents prepared by the Architect and his consultants certifying compliance with the civil engineer's design requirements. 2.5 The Owner's civil engineer will also assume responsibility for design and permitting of all state,county and local requirements for environment compliance. 2.5.1 Storm water management 2.5.2 Water quality issues associated with the project's proximity to Starke Lake. (Architect will prepare documents which illustrate storm water retention areas per the requirements,approval and signature and sealing of the Owner's civil engineer for this project as a part of this agreement. All details and responsibility for compliance will reside with the Owner's civil consultant.) 2.6 Owner's civil engineer will design and document the"force main/effluent transer system"for this project. AGENDA 11-7-95 Item III C Ocoee Police Department 0111MNRobert E. Mark 175 N. Bluford Avenue y�� Chief of Police Ocoee, Florida 34761 Phone (407) 6564313 y ' Fax (407) 656-0218 , m 1 ®1 I TO: The Honorable Mayor and Board o • y Commissioners FROM: Robert E. Mark, Chief Of Poli /yj 5 DATE: October 26, 1995 SUBJECT: USE OF FORFEITURE FUNDS FOR FCIC/NCIC2000 COMPUTER AND PRINTER STAFF REPORT On August 15, 1995, the Honorable Mayor and Board of City Commissioners authorized the use of Forfeiture money to purchase one FCIC/NCIC2000 computer terminal and one laser printer. Upon being authorized to purchase the computer required by the State of 1 Florida, the staff of the Police Department found that two computers of the type needed could be purchased for the same price. This second computer will be utilized within the department as part of records management system within the Patrol Division and Detective Division to assist them with keeping track of evidence as well as completing their supplemental reports of follow-up on cases, traffic homicide investigations, shift supervisors can keep track of each officers sick leave, vacation time and floating holidays, as well as disciplinary actions and documentation for performance evaluations. This additional purchase, thereby, expands the capabilities of records management and decreases the time involved in completing such tasks. This Staff Report is respectfully submitted so that the Honorable Mayor and Board of City Commissioners could accept into inventory the purchase of two computers instead of one for the same previously approved forfeiture monies. REM/rmh CIL t A o� ,i yv POLICE//' mom— — AGENDA 11-7-95 I Item III D Ocoee Police Department Robert E. Mark 175 N. Bluford Avenue ,.. Chief of Police Ocoee, Florida 34761 Phone (407) 6561313 y Fax (407) 656-0218 % ___1 TO: The Honorable Mayor and Board of Commissioners FROM: Robert E. Mark, Chief of Police�i DATE: October 19, 1995 SUBJECT: SHOCAP — ORANGE COUNTY INTERAGENCY AGREEMENT STAFF REPORT ISSUE Should the Honorable Mayor and Board of City Commissioners approve the Ocoee Police Department entering into an Interagency Agreement with Orange County SHOCAP (Serious Habitual Offender Comprehensive Action Program) . BACKGROUND The Orange County Serious Habitual Offender Comprehensive Action Program (SHOCAP) Initiative is a joint effort that focuses on developing an interagency response to chronic juvenile offenders through information sharing and case management services. The serious habitual offenders are identified by a criteria developed and approved by the Orange County SHOCAP Initiative. DISCUSSION The Orange County SHOCAP Initiative will focus on establishing a cooperative county wide effort to identify habitual youthful offenders; to develop and implement a process and method of information sharing leading to an improved response for troubled, problem, and delinquent youth in the Orange County Community. RECOMMENDATION It is respectfully recommended that the Honorable Mayor and Board of City Commissioners approve the Ocoee Police Department entering into an Interagency Agreement with Orange County SHOCAP. REM/rmh ( ,1,3 r geek" ‘,,POLICE a5 SW=MU �.� ORANGE COUNTY INTERAGENCY AGREEMENT This agreement shall be in effect as of the date the agreement is signed by the majority of the parties and shall continue in effect for one year, unless otherwise modified. Each party to this agreement is committed to providing for the safety and security of the community and its children and to improving services to these children and their families through sharing information and resources, eliminating duplication of services, coordinating efforts, and to developing programs and training opportunities. State and federal laws define the role and responsibility of each participating agency and shall serve as a guide to interpret all stated or implied obligations to this agreement. The Orange County Serious Habitual Offender Comprehensive Action Program (SHOCAP) Initiative is a joint effort between the parties to this agreement that focuses on developing an interagency response to chronic juvenile offenders through information sharing and case management services. The serious habitual offenders are identified by a criteria developed and approved by the Orange County SHOCAP Initiative. General Provisions: • Promote a coordinated effort among agencies and staff to achieve maximum public safety with the goal of reducing juvenile crime. • Participate in interagency planning meetings as appropriate and provide information and access to training plans and opportunities when feasible. • Assign staff, as appropriate, to participate in a consolidated case management system, reentry into school of children returning from detention or commitment program, and other information-sharing activities to access and develop plans for at-risk youth and those involved in the juvenile justice system. • Comply with S. 943.0525, 943.054, 119.041, F.S.; 45, CFR Part 205.50 and 42, CFR, Chapter 1, and other applicable rules and procedures which relate to records use, security, 9u114-8/10/95 1 dissemination, and retention/destruction. Maintain confidentiality of information that is not otherwise exempt from S. 119.07(1), F.S., as provided by law. Orange County Public Schools Agrees to: 1. Notify, within 24 hours, the child's school principal, of juveniles arrested for crimes of violence or a violation of law which would be a felony if committed by an adult, upon receipt of such information from the sheriffs office and/or police department. The principal or designee, within 24 hours of such notice, shall provide such information to Student Services personnel; School Resource/DARE officers; the Student Assistance and Family Empowerment coordinator, if applicable; and the student's immediate teachers (39.045 (11), F.S.: S. 39.037(1)(b), F.S.: Rule 6AER94-3, FAC). 2. Notify, within 24 hours, the child's school principal, of juveniles found guilty of a felony and adjudicated guilty or delinquent, or have had adjudication withheld (S. 39.037(1)(b); Rule 6AER94-3, FAC). 3. Designate a contact office to be responsible for receiving juvenile arrests, adjudication and placement information and inform all parties as to the superintendent's designees. 4. Request juvenile criminal history for the purposes of assessment, placement or security of persons and property (S. 39.045(5), F.S.). 5. Identify those persons designated by the superintendent as authorized to receive confidential criminal history/delinquency information and inform law enforcement representatives, the Department of Juvenile Justice, and the Juvenile Court representatives of the names of those individuals (S. 39.045(5), F.S.). 6. Ensure that information obtained through the various databases is disseminated only to appropriate school personnel with an appropriate warning regarding the confidentiality and control of further dissemination. 7. Share information regarding student placement, achievements, discipline, behavioral and attendance history on identified juvenile offenders or juveniles at-risk of becoming 9AL114-8/10/95 2 offenders, for the purpose of assessment and treatment with parties to this agreement, as appropriate (S. 39.056(1)(b)(c)(d), F.S.: S. 39.0585(b), F.S.). 8. Assign staff and provide youth services educational programs, where jointly determined by the superintendent of schools, or designee, and the Department of Juvenile Justice, District 7 (Best Practices). 9. Develop, in cooperation with the Department of Juvenile Justice, District 7, law enforcement, and appropriate local service providers, a written agency plan to determine procedures that should be taken when a child is identified as being truant from school. 10. Notify the law enforcement agency having jurisdiction when an adult or a student commits any of the following offenses on school property, on school-sponsored transportation, or at school-sponsored activities: Homicide; Sexual Battery, Armed Robbery; Aggravated Battery on another student; Battery on a Teacher or Other School Personnel; Kidnapping; or Abductions; Arson; Possession, Use, or Sale of Any Firearm; or Possession, Use, or Sale of Any Explosive Device; as specified in State Board Rule. Additionally, if the offense involves a victim, school officials shall notify the victim and the victim's parents or legal guardians if the victim is a minor, of the offense and the victim's right to press charges against the offender. School personnel shall cooperate in any investigations or other proceedings leading to the victim's exercise of rights as provided by law (Rule 6AER94-3, FAC). 11. Notify the law enforcement agency having jurisdiction when an adult or a student commits an offense that may include the following: sale, use, or possession of a controlled substance, grand theft and/or any offense that may compromise school or community safety. 12. Enter into agreement for contracted youth services educational programs with private, nonprofit providers, or state or local governmental agencies contracted through the Department of Juvenile Justice, District 7, to an extent determined feasible by the superintendent of schools (S.230.2316, F.S. and Best Practice). 13. Serve as an active participant on the Orange County Juvenile Justice Council (S. 0.025(5)(F.S.). 9AL114-8/10/95 3 Orange County Sheriff's Office Agrees to: 1. Immediately provide notification to the superintendent of schools, or his designee, of juveniles within the Orange County educational jurisdiction arrested for crimes of violence or violations of law which would be a felony if committed by an adult. (S.39.045(11), F.S.; S.39.037(1)(b), F.S.) 2. Provide Florida summary criminal history information to the superintendent, or his designees, upon request, regarding juveniles who are students enrolled in or about to be enrolled in the Orange County Public Schools system when necessary for assessment, placement or security of persons or property. We will establish and forward to the school district, procedures for receiving and processing such requests. (S.39.045(5), F.S.) 3. Ensure that information disseminated carries an appropriate warning, regarding the reliability, confidentiality, and control of further dissemination. (F.D.L.E. C.J.I.S./USER Agreement) 4. Provide technical assistance, educational support services and resource officers as provided through contracts and other agreements. (Best practices) 5. Develop policies and procedures that will reflect that the sheriff or his designees shall cause the appropriate school based administrator to be notified in a timely manner of incidents or arrests involving students where there is a possibility of on-going violence, victimization, school disruptions at the school site. (Best practices) 6. Develop, in cooperation with the Department of Juvenile Justice, District 7; Orange County Public Schools; local service providers; and other law enforcement agencies, a written interagency plan to determine procedures that should be taken when a child is identified as being truant from school. (Best practices) 7. Provide information to the superintendent of schools or his designees, on those students who meet the statutory definition under s874.03(2),F.S., as a criminal street gang member. (Best practices) 9AL114-8/10/95 4 8. Notify the superintendent of schools within 48 hours of the name and address of any employee of the school district who is charged with a felony or with a misdemeanor involving the abuse of a minor child or the sale or possession of a controlled substance. Notification to the superintendent shall include the specific charge for which the employee was arrested. (S230.335 (1)(a), F.S.) 9. Serve as an active participant on the Orange County Juvenile Justice Council. (S.39.025(5), F.S.) Municipal Law Enforcement Agencies Agree to: 1. Immediately provide notification to the superintendent of schools, or his designees, of juveniles within the Orange County educational jurisdiction arrested for crimes of violence or violations of law which would be a felony if committed by an adult. (S.39.045(11), F.S.; S.39.037(1)(b), F.S.) 2. Provide Florida summary criminal histyory information to the superintendent, or his designees, upon request, regarding juveniles who are students enrolled in or about to be enrolled in the Orange County Public Schools system when necessary for assessment, placement or security of persons or property. We will establish and forward to the school district, procedures for receiving and processing such requests. (S.39.045(5), F.S.) 3. Ensure that information disseminated carries an appropriate warning, regarding the reliability, confidentiality, and control of further dissemination. (F.D.L.E. C.J.I.S./USER Agreement) 4. Provide technical assistance, educational support services and resource officers as provided through contracts and other agreements. (Best practices) 5. Develop policies and procedures that will reflect that the police chief or his designees shall cause the appropriate school based administrator to be notified in a timely manner of incidents or arrests involving students where there is a possibility of on-going violence, victimization, school disruptions at the school site. (Best practices) 9AL114-8/10195 5 6. Develop, in cooperation with the Department of Juvenile Justice, District 7; Orange County Public Schools; local service providers; and other law enforcement agencies, a written interagency plan to determine procedures that should be taken when a child is identified as being truant from school. (Best practices) 7. Provide information to the superintendent of schools or his designees, on those students who meet the statutory definition under s874.03(2),F.S., as a criminal street gang member. (Best practices) 8. Notify the superintendent of schools within 48 hours of the name and address of any employee of the school district who is charged with a felony or with a misdemeanor involving the abuse of a minor child or the sale or possession of a controlled substance. Notification to the superintendent shall include the specific charge for which the employee was arrested. (S230.335 (1)(a), F.S.) 9. Serve as an active participant on the Orange County Juvenile Justice Council. (S.39.025(5), F.S.) The State Attorney's Office, Ninth Judicial Circuit, Juvenile Division Agrees to: 1. On a case-by-case basis, notify the superintendent of schools when a child is formerly charged with a felony, or a delinquent act which would be a felony if committed by an adult in a timely manner upon request. 2. On a case-by-case basis, provide copies to the superintendent of schools or designee of all petitions and information for violent misdemeanors and felonies or delinquent acts which would be a felony if committed by an adult, filed on anyone under 18 years of age or older who is a student registered in an Orange County Public Schools upon request. 3. Serve as an active participant on the Orange County Juvenile Justice Council (S. 39.025(5), F.S.) 9AL114-8/10/95 6 The Department of Juvenile Justice, District 7 Agrees to: 1. Notify the sheriff, police chiefs, and the superintendent of schools, or designees, immediately upon learning of the move or other relocation of a juvenile offender into, out of, or within Orange County, who has been adjudicated or had adjudication withheld for a delinquent misdemeanor or violent felony. 2. Share dispositional, placement, and case management information with law enforcement and school district for purposes of assessment, placement, and enhance the supervision of juveniles referred to the Department of Juvenile Justice (S. 39.045(5), F.S.) 3. Provide notice to the superintendent of schools or his designee immediately upon the initiation of planning efforts with private nonprofit entities or governmental agencies, including the Department of Juvenile Justice, which could result in the location, relocation, or expansion of youth services programs in which may impact the school district. 4. Develop, in cooperation with Orange County Public Schools, law enforcement, and local service providers a written interagency plan to determine the procedures to take when a child is being identified as being truant from school. 5. Provide technical assistance and resource personnel as provided through contracts and other agreements. 6. Serve as an active participant on the Orange County Juvenile Justice Council (F.S. 39.025(5). Orange County Clerk of the Court Agrees to: 1. Notify the superintendent of schools, or his designee or the name and address of any student found to have committed a delinquent act or who has had adjudication withheld. Notification shall be within 48 hours and shall include the specific act found to have been committed for which adjudication was withheld, or the specific felony for which the student was found guilty (S. 230.335(5), F.S.). 9AL114-8/10/95 7 • 2. Upon request, share dispositional information with the superintendent of schools or his designee regarding juveniles who are students within the Orange County Public Schools for purposes of assessment, placement, or security of persons or property. 3. Serve as an active participant on the Orange County Juvenile Justice Council (S.39.025(5), F.S.) Orange County Circuit Court, Juvenile Division Agrees to: 1. Identify sanctions for youth who are in contempt of court due to violation of a court order on school attendance (S. 39.0145(5), F.S.) 2. Provide any operational and logistical assistance as requested. 3. Serve as an active participant on the Orange County Juvenile Justice Council (S. 39.025(5), F.S.) Interagency disputes: 1. All disputes must be submitted in writing to the staff of the appropriate agency with whom the conflict is involved. 2. Within 45 days of receipt of the notice of conflict, the receiving agency staff will respond in writing a proposed solution to the conflict, to the grieving agency. 3. The written resolution of the conflict will be signed by each agency involved in the conflict and the resolution. 4. Should staff not be able to resolve the conflict, the parties may waive formal administrative proceedings and adopt a method of alternative dispute resolution by mutual consent. As a last resort only, agency heads may request an administrative hearing as authorized in section 120.57(1) or(2), F.S. 9AL114-8110/95 8 Modification of agreement. Modification of the agreement may be recommended by any party in writing, but must be agreed on by a majority of the parties to this agreement, using the same formalized procedures to develop this document. Signatures of parties to this agreement: All parties to this agreement acknowledge that this agreement does not preclude or preempt each of the agencies individually entering into an agreement with one or more parties to this agreement or other parties outside of this agreement. Such agreements shall not nullify the force and effect of this agreement. Major Agency Parties Invited to Agreement: (Separate Signature Sheets Attached) Donald Shaw,Superintendent Richard D.Bedson, +Juvena l etice Manager Orange County Public Schools Department of Juvenile Justice, District 7 Lawson Lamar,State Attorney Kevin Beary,Sheriff Ninth Judicial Circuit,State Attorneys Office Orange County Sheriffs Office Joseph W. DuRocher,Public Defender Paul Snead,Jr., District 7 Administrator Ninth Judicial Circuit Department of Health and Rehabilitative Services Thomas Kirk,Juvenile Judge Fran Carlton Orange County Circuit Court,Juvenile Division Orange County Clerk of the Court Tom L.Allison,Director Orange County Corrections Division Municipal Law Enforcement Agency Parties Invited to Agreement: (Separate Signature Sheets Attached) Tom Hurlburt,Chief Hueld A.Morrow Orlando Police Department Oakland Police Department Joseph C.Brown,Jr. Robert E.Mark Apopka Police Department Ocoee Police Department Earl F.Gooden Ellsworth S.Clarke Eatonville Police Department Windermere Police Department Clarence L Bass Jimmie M.Yawn Edgewood Police Department Winter Garden Police Department Edward Doyle Jim Younger Maitland Police Department Winter Park Police Department 9AL114-8/10/95 9 Interagency Agreement Agency Signature Sheet We the undersigned do hereby agree to the above responsibilities of Orange County SHOCAP Initiative, and agree to work diligently to solve identified problems in an appropriate and timely manner, this day of , 19 . THE SCHOOL BOARD OF ORANGE DEPARTMENT OF JUVENILE COUNTY, FLORIDA JUSTICE, DISTRICT 7 BY: BY: - Chairma Juvenile .ham Manager DATE: DATE: 3 /- )1-/ ATTEST: j8'I."or-f-derf4NP4r Superintendent DATE: This document has been reviewed by the School Board Attorney, on behalf of the School Board, this g -day of - , 19 By. 'I`44 9AL1 is-8/10/95 10 City of Ocoee Execution Page to Orange County Interagency Agreement APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S . Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON , 1995 this day of , 1995 . UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney c:1WP51\DOCSFADMIN 0030E 110/17/9511893091DFB:h1(7) C ORANGE COUNTY PUBLIC SCHOOLS pP.O.Box'271 • Orlando, Florida • 445 W.Amelia Street 32802-0271 (407)849-3200 32801-1127 September 29, 1995 Ocoee Police Department "7S No -4-1 Blu-4,2d /4-Ven Ocoee, FL 32761 Dear SHOCAP Participant: Enclosed please find the Interagency Agreement that has been signed by the Dpartment of Juvenile Justice, District 7, and the Orange County School Board. This agreement was drafted through the SHOCAP initiative involving interagency participation since January 1995. Representatives from the majority of law enforcement agencies in our community assisted in the drafting of this document You are invited to become a partner in this agreement If you choose to be a partner, please copy the signature sheet and sign 20 original sheets. The enclosed copy of the agreement contains an original signature page by JJ and OCPS. Attach one of your original signature sheets and keep as your file copy. Send the remaining 19 original signature sheets to: Louell Miner Orange County School Board P. O. Box 271 Orlando, FL 32802 These original signature sheets will be sent to the other agreement partners for their file copy of the agreement You will receive originals of their signature sheets as they sign on. Thank you for your consideration of partnership in this Interagency Agreement. If you have any questions, please call me at 849-3200, ext. 2933. Sincerely, /eat,6/ Daisy W. Lynum, M.S.W. Social Worker Special Services 95in» Enclosure Ti;? Oran.:a :!Sc;Gil 3 ard: a: r� 1 AGENDA 11-7-95 Item III E FOLEY & LARDNER ATTORNEYS AT LAW SUITE 1800 A MEMBER OF GLOBALEX III NORTH ORANGE AVENUE WITH MEMBER OFFICES IN ORLANDO. FLORIDA 32801 BERLIN JACKSONVILLE TELEPHONE 14071 423-7656 BRUSSELSDRESDEN TALLAHASSEE TAMPA FACSIMILE 14071 648-1743 FRANKFURT WEST PALM BEACH MAILING ADDRESS: LONDON MILWAUKEEPARIS MADISON POST OFFICE BOX 2193 SINGAPORE CHICAGO ORLANDO.FL 32802-2193 STUTTGART WASHINGTON. D.C. TAIPEI MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee Ellis Shapiro, City Manager FROM: Paul E. Rosenthal, Esq. , City AttorneyfL DATE: November 1, 1995 RE: Employment Agreement Mr. Shapiro has advised me that he would like to seek and potentially accept alternate employment prior to the expiration of the term of his Employment Agreement with the City. He has requested that I advise him and the City Commission regarding how this may be accomplished without such actions being in breach of the Employment Agreement. The Employment Agreement provides for a fixed term of employment expiring on January 31, 1997. No provision is made for resignation by the City Manager. The City may terminate the Employment Agreement without cause (in which case he would be entitled to continue to receive compensation and certain benefits until January 31, 1997 or until he secures alternate employment) or with cause after a hearing as prescribed by the Charter. Mr. Shapiro's actions are governed by the common law duty of loyalty owed by employees to their employer which is recognized by Florida courts. Since he is employed under a contract for a fixed term, that duty prohibits him from accepting employment with a competitor employer while maintaining his employment with the City unless the City agrees to an earlier termination of the Employment Agreement. Resignation without the approval of the City would, in my opinion, be a breach of the Employment Agreement. There is also a potential that a prospective employer who has knowledge of his employment contract could be liable for interference with a contractual relationship. However, it would E S T A B L I S H E D 1 8 4 2 The Honorable Mayor and City Commission of the City of Ocoee November 1, 1995 Page 2 not be a breach of the Employment Agreement or his "duty of loyalty" for him to seek alternate employment prior to the expiration of the term thereof, but it would be a breach if he were to accept such employment without the approval of the City. In order to avoid any potential dispute, I recommended to the City Manager that he request permission from the City Commission to both seek and accept alternate employment prior to the expiration of the Employment Agreement. Please note that Section 1 of the Employment Agreement requires that the City Manager agree to "devote his full time to act as City Manager". If his job search were to materially detract from his ability to devote his full time attention, then such action might be considered a violation of the Employment Agreement subject to termination for cause. However, if the time spent in the job search activities are on off hours such as on normal days off, vacation time, etc. , then he would still be considered to be continuing to devote full time duties to his responsibilities as City Manager. As an aside, the typing, printing and postage costs associated with a job search would be a personal cost and should not be charged to the City. This discussion is not intended to provide an opinion as to what constitutes "full time" under the terms of the Employment Agreement, but merely to bring this matter to the attention of the City Commission and the City Manager. I have reviewed with Mr. Shapiro the conclusions set forth in this memorandum. Based upon those discussions, I have prepared the enclosed Memorandum of Agreement for consideration by the City Commission and Mr. Shapiro. Please note that the Memorandum of Agreement provides for 30 days written notice to the City prior to the effective date of a resignation. Additionally, at the request of the City Manager, I have addressed certain job search activities which may be performed during business hours without the need to utilize personal leave or vacation time. For your convenience, I am also enclosed a copy of the Employment Agreement. PER:dh Enclosure cc: Jean Grafton, City Clerk C:\WP1\DOCS\OCOEMEMOS\PERODHI1.012 11/1/93 1 DEBBIEH I PER4h MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT ("this Memorandum") is made this day of November, 1995 by and between the City of Ocoee, Florida (the "City") and Ellis Shapiro (the "Employee") . The City and the Employee hereby agree as follows: 1. The City and the Employee have heretofore entered into an Employment Agreement dated August 2, 1994 ("the Employment Agreement") whereby the Employee has been employed as City Manager for a term commencing on August 1, 1994 and expiring on January 31, 1997. The Employment Agreement addresses certain circumstances under which the Employee may be terminated by the City with or without cause, but does not address the potential that the Employee would seek and accept alternate employment prior to the expiration of the term of the Employment Agreement. 2 . The Employee has advised the City Commission that he desires to have the opportunity to seek and accept alternate employment without being in breach of the Employment Agreement and without compromising any of his rights thereunder, including, but not limited to the right to continue to be employed by the City until January 31, 1997. 3 . The City agrees that the Employee may seek alternate employment prior to the expiration of the term of the Employment Agreement and that such action will not be a breach of the Employment Agreement or constitute a basis for termination with cause. The City and the Employee agree that (i) time spent by the Employee in such job search activities will be on off hours such as normal days off or vacation time, and (ii) typing, printing and postage costs associated with any such job search will be a personal expense of the Employee and not charged to the City. Notwithstanding the foregoing, it is agreed that the Employee may undertake the following activities during normal business hours without being required to utilize personal leave or vacation: communicating with prospective employers, updating resume, drafting correspondence and other similar job search activities. 4. The City agrees that the Employee may, without being in breach of the Employment Agreement, resign prior to the expiration of the term of the Employment Agreement so long as the City is given written notice at least 30 days prior to the effective date of such resignation. Acceptance by the City Commission shall not be a condition to such resignation becoming effective on the date specified by the Employee. In such event all of the Employee's rights and privileges under the terms of the Employment Agreement and as a City employee shall terminate on the effective date of the resignation, except that (i) the Employee shall be entitled to receive (on the effective date of the resignation) the cash value of all accrued and unused personal leave, and (ii) the City will remain obligated to make the annual contribution to the ICMA Retirement Plan in accordance with the Employment Agreement except that the percentage contribution will be based upon the actual salary paid to the Employee through the effective date of the resignation rather than the base annual salary of the Employee. 5. This Memorandum shall be interpreted, construed and governed according to the laws of the State of Florida. In the event of any conflict between the provisions of this Memorandum and the Employment Agreement, it is agreed that the provisions of this Memorandum shall control. IN WITNESS WHEREOF, the City and the Employee have executed this Memorandum of Agreement as of the day and year first above written. APPROVED: CITY OF OCOEE, FLORIDA EMPLOYEE: S. Scott Vandergrift, Mayor Ellis Shapiro ATTEST: Jean Grafton, City Clerk FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. NOVEMBER, 1995. FOLEY & LARDNER BY: City Attorney C:\WPS 1\DOCS\OCOE\PERDDHI I.01 B I 1 I/1/95 I DEBBIEH I PER:dh EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("this Agreement") is made between the CITY OF OCOEE, a municipal corporation organized and existing under the laws of the State of Florida, with its office located at City Hall, Ocoee, Florida (hereinafter referred to as the "City"), and ELLIS SHAPIRO, whose residence address is 23 7th Street, Ocoee, Florida 34761 (hereinafter referred to as the "Employee"). In consideration of the mutual promises and covenants herein contained, the parties agree as follows: SECTION ONE CITY MANAGER'S EMPLOYMENT AND DUTIES The City hereby agrees to employ the Employee as City Manager and the Employee hereby agrees to accept such employment, all subject to the terms and conditions set forth in this Agreement. The Employee shall devote his full time to act as City Manager for the City of Ocoee and to carry out to the best of his ability all the duties imposed upon him by the Charter and the Ordinances of the City of Ocoee and such other duties as the City Commission from time to time may require of him. SECTION TWO COMPENSATION - DATE OF SERVICES 1. BASE SALARY. In consideration for the services rendered under this Agreement, the Employee shall receive a base salary of $67,267.00 per year commencing on August 1, 1994. The base salary per year shall be payable bi-weekly in twenty-six (26) installments. Notwithstanding the foregoing, the base annual salary of the Employee shall always be at least ten percent (10%) greater than the base annual salary of all other regular employees of the City. In the event the base annual salary of the Employee is at any time less than ten percent (10%) greater than the most highly paid regular employee of the City, then the base annual salary shall be automatically increased to an amount ten percent (10%) greater than that of the most highly paid regular employee of the City (other than the Employee). In the event of any such adjustment, the Finance Manager shall so advise the City Commission. 2. FRINGE BENEFITS. The Employee shall be entitled to the following fringe benefits at the expense of the City: a. Personal Leave: Personal leave shall be the same as other full-time employees. 1 b. Holidays: Holidays shall be the same number and accrue in the same manner as all other employees of the City. c. Health. Dental and Vision Insurance: The City shall provide comprehensive health, dental and vision insurance coverage in the City health insurance program to the Employee and all members of the Employee's family on the same terms and conditions as provided to other City employees and their family members. d. Automobile: The City shall provide an automobile for the Employee during the term of this Agreement. The City shall pay all maintenance, insurance, operating and car telephone costs associated with such automobile. e. Dues and Subscriptions: The City shall pay all appropriate professional dues and subscriptions on behalf of the Employee for purposes of allowing his continued and full participation in direct job related national, regional, state and local associations and organizations necessary and desirable and as will permit his professional participation, growth and advancement for the good of Ocoee, Florida. f. Disability and Life Insurance: The City shall pay the annual premiums necessary to provide disability insurance and provide term life insurance on the Employee's life in an amount double the Employee's annual base salary. g. Deferred Compensation: The City acknowledges that the Employee has requested that he be enrolled in the International City Management Association (ICMA) retirement plan in lieu of the City Retirement Plan and that the City make an annual contribution to said ICMA retirement plan equal to eleven percent (11%) of the base annual salary of the Employee. The City agrees to make such annual contribution to said ICMA retirement plan. SECTION THREE TERMINATION: SEVERANCE 1. TERMINATION WITHOUT CAUSE. This Agreement may be terminated by the City, without cause, by a majority vote of the City Commission preceded by at least five (5) days notice by the City Commission to the City Manager of the proposed termination. Upon such termination of this Agreement, the Employee: (i) shall cease to be City Manager of the City and shall have no further powers, duties or responsibilities as a City employee; (ii) shall be paid 2 • • the cash value of accrued and unused personal leave; (iii) shall continue to be paid his base salary per year as of the date of termination of this Agreement, such salary to be paid on a bi- weekly basis in the same manner (including FICA contributions) as paid prior to the termination of this Agreement, until the earlier of (a) January 31, 1997, or (b) the date that the Employee obtains full-time employment with another employer; (iv) shall continue to receive, at the City's expense, the fringe benefits specified in Sections 2(c), (f) and (g) hereof with respect to health, dental and vision insurance, disability and life insurance and deferred compensation, respectively, in the same manner as received prior to the termination of this Agreement such fringe benefits to continue from the date of termination of this Agreement until the earlier of(a) January 31, 1997, or (b) the date that the Employee obtains full-time employment with another employer; and (v) shall no longer be entitled to receive the fringe benefits specified in Sections 2(a), (b), (d) and (e), with respect to personal leave, holidays, automobile and dues and subscriptions, respectively, or, except to the extent expressly set forth herein, any other benefits provided to employees of the City. It is the intention of the parties that the Employee continue to be considered as an employee of the City following termination of this Agreement, but that the Employee shall have no further powers, duties or responsibilities to the City and shall not be precluded from accepting full-time employment at a location inside or outside of Orange County, Florida. In the event this Agreement is terminated and the Employee subsequently obtains employment with another employer, such employment shall not affect the obligations of the City to the Employee as set forth above, except as expressly set forth above. The aforementioned shall be in full consideration of all other claims of the Employee against the City. The parties hereto acknowledge that the procedures set forth in Section C-22 of Article IV of the City Charter are not applicable to removal of the Employee pursuant to this Paragraph. 2. TERMINATION WITH CAUSE. In the event the Employee is removed as City Manager of the City, with cause and in accordance with the procedures set forth in Section C-22 of Article IV of the City Charter, then this Agreement shall automatically be terminated. 3. NON-RENEWAL OF AGREEMENT. The provisions of this Section Three shall not be applicable to a non-renewal of this Agreement. SECTION FOUR TERM This Agreement shall be for a term commencing on August 1, 1994 and expiring on January 31, 1997. Six (6) months prior to the expiration of this Agreement, the City and the Employee may, but shall not be obligated to, negotiate a renewal agreement on such terms and conditions as may be mutually agreed upon. 3 SECTION FIVE NOTICES Any notices required to be given under this Agreement shall be sufficient if in writing and sent by registered or certified mail, return receipt requested, to the Mayor and City Clerk of the City c/o City Hall, as to the City, and to the Employee at the Employee's last known residence as shown in the records of the City. SECTION SIX MISCELLANEOUS 1. GOVERNING LAW: This Agreement shall be interpreted, construed and governed according to the laws of the State of Florida. 2. AMENDMENTS: No amendment or variation of the terms or conditions of this Agreement shall be valid unless in writing and signed by the parties. 3. ASSIGNABILITY: The Employee's rights and obligations under this Agreement are personal and not assignable. 4. INVALID PROVISION: The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 5. PRIOR AGREEMENT. This Agreement supersedes and rescinds that certain Employment Agreement between the Employee and the City dated December 17, 1992. IN WITNESS WHEREOF, the parties have executed this Agreement this 2 day of August, 1994. APPROVED: CITY OF OCOEE, FLO1tIDA EMPLOYEE: 171S. Scott Vandergrift, Mayor/ Ellis Shap ST: - •�_/�� (SEAL) Je: I Grafton, Ci Clerk 4 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS a"..111 DAY OF AUGUST, 1994. FOLEY LA�JRDNER� BY: CLX ✓ `T/ City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON #444.4T a, 191.y UNDER AGENDA ITEM NO. vi e. 5 AGENDA 11-7-95 '• Item III F ►,r a • or Goo* JAMES W.SHIRA,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 PHONE(407)656-2322 EXT.142•FAX(407)656-7835 MEMORANDUM DATE: October 26, 1995 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E. City Engineer/Utilities Director SUBJECT: Orange County/City of Ocoee Emergency Water Supply Interconnect Agreement Both the City of Ocoee and Orange County supply potable water to businesses and residences in this area. The two utilities have service areas which are contiguous, and have major water lines which are, in some cases, within fifty feet of each other. We have determined that the water supply and storage needs of the City through the year 2014 can be met with the improvements currently underway at the Forest Oaks and South water plants. During that period, an alternate water supply will be required only in the event of a failure of one of these two plants. In order to avoid construction of a new water plant, City staff examined alternatives which would provide a high degree of reliability and redundancy in the event of a catastrophic failure of one of the City's existing water plants. The attached Agreement provides for such an emergency supply, by allowing for a direct connection between the City of Ocoee water system and the Orange County water system. This connection would be activated only in the event of an emergency, and will be the first of several connection points between the two systems. This interconnect agreement provides both utilities with a high degree of redundancy and reliability at a very low capital cost, and essentially zero operating cost. I recommend that the City Commission authorize the Mayor and City Clerk to execute this Orange County/City of Ocoee Emergency Water Supply Interconnect Agreement. (on THE PRIDE OF WEST ORANGE ORANGE CO"UNTY/CITY OF OCOEE EMERGENCY WATER SUPPLY INTERCONNECT AGREEMENT THIS AGREEMENT is made and entered into this day of , 1995, by and between the CITY OF OCOEE, an incorporated city of the State of Florida, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761, hereinafter referred to as "CITY", and ORANGE COUNTY, a political subdivision of the State of Florida, whose address is Post Office Box 1393, Orlando, Florida 32802, hereinafter referred to as "COUNTY." WITNESSETH: WHEREAS, COUNTY operates water treatment and distribution systems located in Orange County and desires to utilize the CITY water supply system for an emergency water supply source on an "as needed" basis; and WHEREAS, CITY operates water treatment and distribution systems located within the service area of the CITY as defined by an interlocal agreement with the County, and desires to utilize the COUNTY water supply system for an emergency water supply source on an "as needed" basis; and WHEREAS, CITY desires to have an emergency interconnect for the West Oaks Mall PUD which is near the corner of Clarke Road and Highway 50; and WHEREAS, the parties agree to enter into this Emergency Water Supply Interconnect Agreement (hereinafter referred to as "Agreement") in order to provide emergency water service between CITY and COUNTY upon the terms and conditions hereinafter set forth. 1 NOW, THEREFORE, in consideration of the premises hereof and in consideration of the mutual advantages arising hereunder, and of other good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, the parties hereto agree as follows: SECTION 1. DEFINITIONS. The parties agree that in construing this Agreement, the following words, phrases, and terms shall have the following meanings unless the context indicates otherwise: 1.1 "Providing Entity" means the entity which is providing emergency water service pursuant to this Agreement. 1.2 "Receiving Entity" means the entity which is receiving emergency water service pursuant to this Agreement. 1.3 "Requesting Entity" means the entity which is requesting emergency water service pursuant to this Agreement. SECTION 2. INTERCONNECTS. 2.1 CITY hereby requests, and COUNTY hereby agrees, to an emergency water supply interconnect of that certain property located near the corner of Highway 50 and Clarke Road (hereinafter referred to as the "West Oaks Mall PUD"), pursuant to interconnection points as set forth on the plans attached herein and incorporated herein as Exhibit "A". In order to facilitate said interconnection, COUNTY hereby grants to CITY an easement over County property as depicted in the plans attached hereto as Exhibit "A" for the sole and exclusive purpose of constructing a twelve (12) inch water line on property described in Exhibit "B", which is attached hereto and incorporated herein by reference. CITY shall not damage or disturb any improvements located on the County property or otherwise interfere with the County system in the course of constructing its water line on the County property. 2 NW 2.2 In consideration for the interconnect granted by Section 2.1 above, CITY agrees to grant to COUNTY at least one emergency water supply interconnection at a location to be mutually agreed upon and to grant any necessary easements or licenses on connection therewith. COUNTY agrees that it shall not damage or disturb any improvements located on the City property or otherwise interfere with the City system in the course of constructing its water line on the City property. 2.3 Either party may from time to time make a written request to the other for additional interconnects. In the case of the City, the City Commission and in the case of the County, the County Chairman (or her designee), or the County's Director of Public Utilities, whichever is applicable, may reject or accept, in writing, such request for interconnect conditioned upon available water volumes and pressure. The emergency water supply interconnect referenced in Section 2.2 above and any future interconnects which may be mutually agreed to by the parties hereto shall be evidenced by a written Letter Agreement executed by the parties hereto. Any such Letter Agreement shall identify the location of the emergency water supply interconnection and any necessary easements. Further, any such Letter Agreement shall be subject to the terms, conditions and provisions of this Agreement. The Requesting Entity shall be responsible for the installation, maintenance, calibration and operation of a water flow meter at the point(s) of interconnection. The cost of installation and maintenance of a water flow meter(s) shall be the responsibility of the Requesting Entity. The meter(s) shall be calibrated upon installation and every twelve (12) months, or sooner, if required. The Requesting Entity shall be responsible for all construction and maintenance costs of the interconnection of its water distribution system and said construction and maintenance of the interconnection shall be subject to the supervision, inspection and approval of the Providing Entity. The Requesting Entity shall be responsible for 3 the preparation of engineering plans and specifications for the interconnect and receipt of all necessary State and local permits for said construction requested. Engineering plans and specifications prepared by the Requesting Entity are subject to review and approval by the Providing Entity, which approval will not unreasonably be withheld, prior to commencement of construction. SECTION 3. SERVICES AND RATES. CITY's supply of emergency water service to COUNTY shall be at the CITY's then prevailing standard water rate and COUNTY's supply of emergency water service to CITY shall be at the COUNTY's then prevailing standard water rate; provided, however, that if either party uses the other's water pursuant to this Agreement for a period of longer than ninety (90) consecutive days or ninety (90) cumulative days within a calendar year, then the Receiving Entity shall be required to pay the then current water service connection fees charged by the Providing Entity, within thirty (30) days of written request by the Providing Entity or to, alternatively, be disconnected from the Providing Entity's water system. SECTION 4. TEMPORARY UTILIZATION OF INTERCONNECT. It is further agreed that the emergency water supply interconnection shall be utilized only at the time of equipment failure or other emergency conditions to temporarily provide water service to the customers of the Receiving Entity. The interconnection is not to be used to provide permanent service for any portion of the CITY's or COUNTY's service area. It is the intent of this Agreement for water to be provided from the Providing Entity to the Requesting Entity only in the event of an emergency such as a fire, equipment failure, flood, hurricane or other unforeseen and unexpected mechanical problem or natural disaster which interrupts the ability of the Requesting Entity to provide service. Unanticipated growth or failure to adequately plan capital infrastructure, are examples of events which shall not be deemed emergencies. 4 SECTION 5. BILLING AND PAYMENT. Bills shall be based on meter readings taken by the Providing Entity in accordance with standard billing policies of the Providing Entity. SECTION 6. COLLECTION OF CHARGES. CITY and COUNTY shall each be responsible for the collection of the service charges for their customers being served within their respective service area, and the failure to collect such service charges or fees shall not relieve either from payment to the other of the charges as set forth in this Agreement. SECTION 7. NON-PERMITTED USE. CITY and COUNTY agree that they will not allow any illegal, unauthorized or non-permitted use of any of the emergency water system interconnects. SECTION 8. AVAILABILITY OF SERVICE. Subject to Section 9 and other conditions of use in this Agreement, CITY and COUNTY agree to make available emergency water service as soon as each emergency interconnect between CITY and COUNTY systems has been completed in accordance with the approved plans and specifications. SECTION 9. CURTAILMENT OF SERVICE. CITY and COUNTY stipulate that this Agreement does not guarantee that water capacity will be available. Emergency water supply may be curtailed by the Providing Entity in the event a simultaneous emergency water need exists within its system. Further, conditions resulting from equipment or power failures or other acts, whether or not in the nature of an emergency, which would cause the termination or material diminishment of water service to the Providing Entity's customers shall be a basis to withhold approval of the emergency service and, if necessary, to disconnect service if it is determined by the Providing Entity that providing such service would result in adverse impacts on the health, welfare and safety of the public or an inability to provide service to its customers. 5 SECTION 10. NOTICE OF NEED AND TERMINATION. 10.1 Upon determination that emergency water supply is required, the Receiving Entity must immediately verbally notify the Providing Entity that service is required and the nature of the emergency prior to commencement of the emergency service. The Receiving Entity will notify the Providing Entity in writing within forty eight (48) hours after commencement of the emergency service of the expected date of termination of the emergency water supply utilization if it has not yet terminated such use. Notification shall be made by personal delivery or certified mail, return receipt requested, as follows: To County: Director Orange County Public Utilities Division 109 F2st Church Street Orlando, Florida 32801 To City: Utility Director City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761-2258 10.2 Security devices shall be installed at each interconnect to prevent unauthorized use of the water interconnect. An authorized representative of either the CITY or COUNTY may determine the emergency need and commence emergency use of the water interconnect. Emergency use of the water through the interconnect requires immediate verbal notification to the Providing Entity from the Receiving Entity. The CITY and COUNTY shall maintain a listing of contact persons who are available on a twenty four (24) hour basis to be verbally notified that the interconnect is being used for emergency service. The CITY and COUNTY agree to promptly respond to any request by the Receiving Entity to commence the emergency service. 6 SECTION 11. TEMPORARY CESSATION OF SERVICES. It is agreed that any temporary cessation or diminishment of emergency water supply services by the Providing Entity, resulting from necessary maintenance work, breakdown or damage to machinery, pumps, or pipe lines, acts of God, fire, strikes, casualty, insurrection, riot, civil disorder, or military authority shall not constitute a breach of this Agreement on the part of either party, and neither party shall be liable to the other for damage resulting from such temporary cessation or diminishment of services; provided, however, that the parties hereto shall notify the other party in the event they reasonably anticipate a temporary cessation or diminishment of services to be provided under the terms of this Agreement. SECTION 12. HOLD HARMLESS. Consistent with applicable state law, including but not limited to Chapter 768, Florida Statutes, CITY and COUNTY each agree to hold the other harmless from the negligent acts or omissions of itself, its officers, employees or agents and to pay all legal fees and costs incurred in defending any claim arising from such negligent acts or omissions. SECTION 13. OPTION TO DISCONNECT. If there is a failure by the Receiving Entity to pay the amount due within thirty (30) days after a delinquent notice is received by the Receiving Entity, then the Providing Entity has the option to disconnect the emergency water service supply interconnect. Reconnection shall not occur until all amounts due are paid in full. To the extent permitted by law, CITY and COUNTY agree to indemnify and hold harmless each other and pay all attorneys fees and costs that may arise from any claim by a customer of CITY's water system or COUNTY's water system over the provision or discontinuance of emergency water service provided hereunder by a Providing Entity to a Receiving Entity. The parties do not intend there to be any third party beneficiaries to this Agreement. 7 SECTION 14. SEPARATE AND DISTINCT AGREEMENT. CITY and COUNTY agree that this Agreement is separate and distinct from any existing or future agreement executed between CITY and COUNTY for the purchase and sale of water services and this Agreement is for the sole purpose of addressing any emergency water supply interconnect(s) between CITY and COUNTY. The exact interconnection point(s) for this Emergency Interconnect Agreement for properties other than the West Oaks Mall PUD have not yet been determined, and will be decided from time to time by execution of Letter Agreements between the parties. It is intended that any interconnect will be installed as near as feasible to the CITY/COUNTY Utility Service Area boundary. All pipes and appurtenances installed by the Requesting Entity on the Providing Entity's side of the emergency interconnect shall become the property of the Providing Entity, unless otherwise modified by an extended letter agreement. SECTION 15. ASSIGNMENT - TERM. This Agreement shall be binding on the parties hereto for a period of five (5) years from the Effective Date. This Agreement shall automatically be extended for additional periods of five (5) years unless written notice of intent to terminate is given by one party to the other party no later than one (1) year prior to the expiration of each five (5)year term of this Agreement. Neither party shall assign this Agreement or the rights and obligations to any third party without the written consent of the other party to this Agreement. No modifications to this Agreement or waivers of any provisions contained herein may occur unless in writing and signed by both parties. SECTION 16. DEFAULT: NOTICE; PROPER FORM. In the event of a default by Receiving Entity under the provisions herein, the Providing Entity shall have the option of discontinuing service not sooner than thirty (30) days from the time it notifies the Receiving Entity. 8 IN WITNESS WHEREOF, the parties hereunto have executed this instrument on the day, month and year first written in three (3) counterparts, each of which shall be deemed an original. ORANGE COUNTY, FLORIDA By: County Chairman DATE: ATTEST: Martha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners BY: Deputy Clerk FOR THE USE AND RELIANCE OF ORANGE COUNTY ONLY. APPROVED AS TO FORM 19 Assistant County Attorney STATE OF FLORIDA COUNTY OF ORANGE SWORN to and subscribed freely and voluntarily for the purposes therein expressed before me by LINDA A. CHAPIN, ORANGE COUNTY CHAIRMAN, known to be to be the person described in and who executed the foregoing this day of , 1995. Notary Public Printed Name: My Commission Expires: 9 CITY OF OCOEE, FLORIDA BY: S. Scott Vandergrift, Mayor DATE: ATTEST: Jean Grafton, City Clerk FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD FLORIDA, APPROVED AS TO FORM ON THE ABOVE DATE UNDER AND LEGALITY THIS DAY AGENDA rrmM NO. OF , 1995. FOLEY & LARDNER By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE SWORN to and subscribed freely and voluntarily for the purposes therein expressed before me by S. Scott Vandergrift, Mayor of the City of Ocoee, Florida, known to be to be the person described in and who executed the foregoing this day of , 1995. WITNESS my hand and official seal in the—County and State last aforesaid this _ day of , 1995. Notary Public Printed Name: My Commission Expires: 10 ow EXHIBIT "A" 1 U 1 WHITE RD Cd I ' 1 \/` --I II 1 -. . 1 m �N pN . I- 7) p A• D ____==ii m-<tzi 0 ,.-..t..:- -....,:...::,::_.: .. . /l) Z p S) • Fr1 Dn ' ,,mo mp -, • Z7p • C ('l• X Z m H I ' 1 70 �- Ci Z Z -0CD [ • . mD l .( - Z � .. 9 • •.:: r. . mxr 7 3a s: m x -I \ n 3 C v xs p :U • CI "< U 'EXISTING 'DRIVEWAY 1;1 : . _ c 1 TO. ORANGE COUNTY w .1 v, _ :.WATER TANKm o m Z mb("") / X ITI - N G1 • Z ('l -1 Z n EXHIBIT "B" SKETCH AND LEGAL DESCRIPTION 50.00' . - - - - - 14101 IP.O NW R,. I/4 ; Z SEC 21-22-28 I J in = rnco 7L-w o� ?\)''C LI �O N I T P.O.B. i S89° 49'09"E S89°49'09"E • 1 0.00' In 50.00' = - / PROPOSED U OI OI YD of =� - o o 0 0 0 o EASEMENT Ln N I 0 Ln 0 M rf-) ,;,, rX 0 o LA -I z N89° 49'09"W Iry + 10.00' • -- -:---- NORTH R/W L INE 0 I a 1 `�-0 c. WH ITE ROAD DESCRIPTION PROPOSED UTILITY EASEMENT A portion of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 21 , Township 22 South, Range 28 East, of Orange County, Florida, being more particularly described as follows; Commence at the Northwest corner of said Northeast Quarter of Section 21 , said corner being on the centerline of Clark Road; thence proceed South 00°10'51 'West along said centerline for 837.15 feet; thence South 89°49'09'East for 50.00 feet to a point on the East right-of-way line of Clark Road, said point being the Point of Beginning; thence continue South 89°49'09'East for 10.00 feet; thence South 00° 10'51'West for 35.00 feet; thence North 89°49'096West for 10.00 feet to a point on said East right-of-way line of Clark Road; thence North 00° 10'51 'East along said East right-of-way line for 35.00 feet to the Point of Beginning. Containing 350 square feet more or less. r%; -- NOTE : LEGEND `r' m I. THIS IS NOT A SURVEY. P.0.8.: POINT OF BEGINNING a' 2.BEARINGS ARE BASED ON THE CENTERLINE OF P.O.C.= POINT OF COMMENCMENT CLARK ROAD. BEING S.00°1O'5I'W. R/W= RIGHT-OF-MAY o COR: CORNER z SEC: SECTION SURVEYOR'S CERT IF ICAT ION (= CENTERLINE I HEREBY CERTIFY: That the attached meets the Minimum Technical Standards adopted by the Florida Board of Surveyors and Mappers. c Chapter 61 GI 7-6 .A.C. 0, Date : NOV. 1, 1995 v II /41 {Z./ scale : I -30 L4011P'VANCE CARPER, .R. Job No.: 06-866.50 131 POST.BUC EY.SCHUH & JERNIGAN rofessional Surveyor and Mapper • ---- '� 1560 Orange Ave.. Suite 700 Florida Certificate No. 3598 F.B. >_ Drown B OKK O •ort.uam Ir KAM M SOOW=uo M O MM.YKm STA O►•RO W*LIMMO y Winter Park. Florida 32789 ImamAPOMArroe TIM nwte.stnx PLAT a IN.It FON Oi rosurOOIML P OMS c��f� i ma: 407/647-7275 cuLy o K on vKm. Chkd. By z / 1 U 01995 Post.Buckley. Schuh & Jernigan. Inc.. All Rights Reserved SHEET I OF 1 AGENDA 11-7-95 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item III G Ocoee \ COMMISSIONERS C. a CITY OF OCOEE RUSTY JOHNSON PAUL W.FOSTER v O 150 N.LAKESHORE DRIVE SCOTT A.GLASS Cr OCOEE,FLORIDA 34761-2258 JIM GLEASON yr ,� (407)656 2322 CITY MANAGER Of GOOO ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: October 23, 1995 RE: ORLANDO URBAN AREA METROPOLITAN PLANNING ORGANIZATION Pursuant to the letter received by Mayor Vandergrift, the MPO is asking that the City reappoint a technical staff member to vote as part of the technical committee of the MPO. Currently, our Planning Director, Russ Wagner, serves as the representative and has attended all meetings of this body. He and I recommend that he be reappointed and also officially appoint Abra Dow as the alternate member for voting purposes. Respectfully Sub tted, ES 1w:fdg:52 Attachment ORLANDO URBAN AREA 1011 WYMORE ROAD tOTA ivietropolitan SUITE 105 WINTER PARK,FLORIDA 32789 Icr•Alk," Planning TELEPHONE: 07 :10 CAOrganization (407)6231084 334084 October 13, 1995 Honorable S. Scott Var.iergrilt Mayor, City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 Dear Mayor Vandergrift: The Orlando Urban Area MPO's Transportation Technical Committee (TTC) recently amended its bylaws, which were approved by the MPO at their meeting of October 11, 1995. One of the amendments to the bylaws pertains to appointments to the TTC by local governments and transportation agencies. Section 4 B 1 of the amended TTC bylaws states: "Each represented agency shall appoint one primary voting member from each of the membership categories listed in Section 4 A for which it is eligible. Each primary member may appoint one alternate, who will be empowered to act in the absence of the primary member. These appointments shall be made in writing. The MPO will be notified of any changes regarding the names of the primary and alternate voting members of the Technical Committee. The failure of an agency to appoint a primary representative will result in that agency losing its representation on the Technical Committee." In order to meet this requirement, I am requesting each local government and transportation agency in the Orlando Urban Area to provide the MPO staff with the names of their TTC representatives and the alternates for those representatives. It would be greatly appreciated if you could send me a letter showing the names of Ocoee's TTC representative and alternate at your earliest convenience. The individual shown below(cc:) is presently designated as your primary member to the TTC. Piease do not hesitate to call me if you have any questions. Sincerely, David L. Grovdahl MPO Staff Director cc: Mr. Russ Wagner, Planning Department AGENDA 11-7-95 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item III H Ocoee o iry ztz 'O COMMISSIONERS �'`' CITY OF OCOEE RUSTY JOHNSON J1 D. PAUL W.FOSTER 5p SCOTT A.GLASS 150 N.LAKESHORE DRIVE JIM GLEASON OCOEE,FLORIDA 34761-2258 (41K, `•%y, (407)656-2322 Ciro M,�N�ciaz f GOOO ELLIS SHAPIRO MEMORANDUM DATE: October 31, 1995 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director Administrative Services (/ SUBJECT: Fund Transfers, FY95 In order to adjust line items for the close of FY95, the following transfers need to be approved. .:x4.xx.. Y..., tv:..r...'+"':... .4 rr::r• :4 '. 4�it •. r.... ...:.... ...:.xv. :.•rv.•:.. ., :.r....v:::::;..::^:::+•::xx: v.w::v.4+h•:r;•::n4.4.:vx:w:::;;;;,.. :r{:::::::•:-:: .•:•... v{.{4:t4}}•:.::: v:4$rn ^t;} F.:... ..x•:•:: :•'•.ti:t:Lv i}:r{r•:ti�•:::r:•:x •:t::::•::•.rf.4:4::.v xv•.•..•.v...... r ...v:. rt• t,.. .;... ;•••. ti.. ',, ,•:..;•.: :.. .:...,�,.;:.;}..;.....};.:}Y.•).•:•.::::•..r :....::�}:....}••}••}::}:•}•:x<•>:t•}::.}•::::::::.... ..ficbw�w�i .'•:iS:�:%ww:\:;;^;•}:•:•..•.m:•: : '.4'•'ic::.m n.'h ,.\'v7,y�i•.,.,.;y..w•'•4:T�4:}y,AY � x}���: ''f!"} ::•.{:;{4.{:t?4:4Y•'•f:4}:::}{y{•{ :;t`t4ti.t$:Y;:::`4n��:{ii"•4't4Y+4}:i:•}}:�:4:r i:•}}}'4:i: �{'.•,'...• {\Y: ::iiJJ:?t}: .:rJii..r.}x4{;.,�yr{v{: ti.x•4.;.;t::.,: ..ti' :%4Y:.}v.•..... `;;4`.'t; ''ti,. •,\,{i..:. 'y,\t`•,.tA;tr"!+: •:':•.:•:l tt: .`;5.;�::::Y4:rt:Y4..•r...::.:. tt'�::t::,"^:\ •`"•?:>.::;:::::'%•}•}Y t"'r: E�:x::•:.}•.{ w:} ': t} •: � ���••}•�•}:•}:•:tr:•Yr:•:: z•r:t4•.. :.• :.�? \.: ;..,}.;4:. x•::::}.4•','�.: : .: ..,�},;.y .� }:•: ��'.v�... ...v::.::•: .:...�:•}:•}: fir.:::..:::s:•...:, :.Rr•^:•:.•��r: :::::::::::.:r•',y: f.{t:.if.:.ki.}'{•\�.:.v; ,h�h.,k{. :nf .,. .M1�n'•'.�irt•,rr4;;v::::::::}:}xv:1,.}'xxv{L..................::::::::t:{4::.::.v::::.v..:............:.....................4:}}}:.v:}.v..... ?:t:Ljt:.....C>:j::i'•i'•i:<:T"ii':i`•i::i::i{::•:i::iii::ii:::iiiiiii:+':i::y:yr:;i:viii}:>:::::>?::?::i::i::::iiiiiiiiiiii:ti?....ii:::i::it:WSi}jC::?::iiiiiiii iiiii:'viii::ji:::j::....::::::::::::::::nv.v:::tiiiii: Administrative $4,899.96 001-518-3128 001-518-6302 Redesignate all Services (Professional expenses to Capital Services) for the Above- Ground Fuel Tanks Legal Expense $39,159.70 001-516-4900 001-514-3101 Amber Ridge, (Contingency Maguire Road 95,791.50) Vesting Appeal, Union Negotiations Fire $10,732.24 001-516-4900 001-522-1200 No attrition (Contingency (Salaries) 56,631.80) Fire $12,100.78 001-516-4900 001-522-1400 Hurricane Alert (Contingency (Overtime) 45,899.56) Budgeted Balance in General Fund Contingency after the final transfer is $33,798.78. Caen-sem'- jJ o r ust a. ft `;.i£,, 3f if .; V•`y ,� vwv,... � S � }1...:J � ...•� � ��f� 1'w�}'. % • .................?..:}...4:i•.}}}}}}}}}}}}}}}:v:}:::?:::{?.}}}}:::ilii}:::^} *a»I ��yyj�yy��j +:'? �}:?•`.'{{•};?:jj+iiiiiii iiiii};`•:}•'•• ::::::::::......:::::::::::::::nom:::::::::•:::•::::n:::;v.::..: .................................. ........................................:::::::... ..............:: i:ii jTi$$i}:;.}`iii:'.i}:}};4}:??:a'.}:?.}:^}:n}}}:•};:'riiiiiiiiiiiii:' .............•••••••• $5,780.73 103-538-4900 103-538-3128 Amber Ridge, (Contingency (Professional Investigations 13,964.00) Services/Other) on various problem areas. Budgeted Balance in Stormwater Fund Contingency after this transfer is $8,183.27. .� .w v�a.,i •{.;[.}.;:ti:}:{t�}:,;'•`•;�.•\,...Ckh'?a��i?}.:}.;••;.�::.:..�':'t::'}r.��}ti:$�:`t}'t•..•:::::;:::}:?;:;:;}}:>�:`.�•}'+},.�y'�}}i:'v�+;:•}:"ti`'�.� • }: > "•��� � +?,�•\S� r}r. ..4vv$}.•.}•}'w'S,h:} A-sv..}• ::•:Wf/�c}}��n•4,?:\ :vL::Av.n;:i'�.':::}?i;::.?{?•}4,}}v`5::..•\v'c f•. 'v.Y'C••: .;} .: • ...4 :fin•..'.`v ``c`: {ti•'•;•`:%'cAr ::fry,;'.}'• ��� ••••••'.�':•�':••.•} :}�.??a�.��.�..� ��{..,•:.,:.:::::::::::::.•.•�.�,� :::}}.:•::}.:..::....fir:•}.:•.....a:,��:?<`���' J..0:.- :1. 7 • • 1m/1 't f.'A'hl'I11:'f::.SYI::.I:::'::.1:'!7'::::::::'.1:':1,.':1.':.i'::::{•::.1:1.'::::::'1.1:':11::::'.:::::::'.11..'1.11,.':7. $29,420.44 402-534-6400 402-534-5500 Debris Disposal (Redesignation No Limit of Capital 11,882.44) 402-534-4900 402-534-5500 Debris Disposal (Contingency No Limit 17,538.00) With these transfers the account will still be $41,025.98 short. Additional revenues and interest will be included in the audit and will off-set the loss. Staff recommends that the Mayor and Board of City Commissioners approve the transfers as listed. MEB/jbw AGENDA 11-7-95 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" OcoeeItem III I .14 CITY OF OCOEE RUSTY JOHNSON r.. O. 150 N.LAKESHORE DRIVE PAUL W.FOSTER v O OCOEE FLORIDA 34761-2258 SCOTT A.GLASS Cls ?V (407)656-2322 JIM GLEASON yrEip of GOO' �• QTY MANAGER ELLIS SHAPIRO UP-669 MEMORANDUM DATE: October 24 , 1995 TO: The Honorable Mayor and City Commissioners FROM: Russ Wagner, Director of Planning SUBJ : Request For Fee Waiver ��pp'' The First Church of the Nazarene, Inc . Mr . Nathan W . Brinson The First Church of the Nazarene, Inc . on Center Street intends to file a Rezoning Petition and Special Exception Application to permit operation of a child care facility within their church building . Mr . Brinson has requested that the City Commission waive the required $1 , 125 Rezoning Petition flat fee and the $750 Special Exception Application flat fee as well as all review fees , per the attached letter . In the past , the City Commission has granted fee waivers for rezonings and special exceptions which were initiated by church- related sponsors . This has included the Reformed Presbyterian Church in 1988 , St . Paul ' s Presbyterian Church in 1990 and 1992 , Glad Tidings Assembly of God in 1994 and Winter Garden Seventh Day Adventist Church in 1994 . This is a fairly common practice by other local governments , although the City ' s Land Development Code does not specifically address such waivers . Staff Recommendation: Staff recommends that the Honorable Mayor and City Commissioners approve a waiver of all rezoning and special exception fees related to The First Church of the Nazarene, Inc. application. RBW/emk Attachment Ocoee Church of the Nazarene [ITZ Center&Third Streets • Ocoee,FL 34761 • (407)656-6524 David Warren,Pastor • 6354 Nightwind Cr. • Orlando,FL 32818 • (407)889-7750 d /;) f99� ' � OCTCom►, ssell B. Wagner �er C 1 3 1995 (Director of Manning ; City of Ocoee 150 eshore Or. CITY OF OCOEE. Ocoee, orida 34761-2258 (Dear Ar. Wagner, 1. Con rmin telephone conversation of September 27, 1995. e ofthe �agarene, Inc. located at 1209 � rst Church Center St. (Parcel *52 of tl�j�E 1/4 Section 17 g"ownship 22 South ange 28 (East, Ocoee, Torida 34761. qt is our aestre to start a Child Care Facility at our church to serve our members and the community in which we are located. 2. cIt is requested that the CityCommissioners waive the rezoning, specialIf exception and all reted fees for this project. 3. We have served the community as a church in this location since 1972 and enjoy a good charitable relationship with the community. 4. We are registered as a 501-3-c Charitable Celigious Corporation with a 3ederal (Employer gdentification (umber 59- 1417601 and a 3 lorida State sales gax (Exemption %umber 58- 11 -09001-55c. Christianity is the good man's text 4y : his life, the illustration 5. Our pastor is c.v. David CO. Warren who has served the community in churdi worship services, Sunday ( Bible School (Education, wedding, funerals, and social events for over seventeen years. 6. We have two active certified Orange County (Elementary School teachers: gicifdred Warren and A,mice (Harden who will have oversight of the planned Child Care aacitity. 7. Our contacts 6y telephone are 407-656-6524 at the church. which has voice mail when not attended or 407-889-7750 at the parsonage. Mildred Warren may also be contacted at *yell Tiementary School407-884-2235. 8. We appreciate your assistance in this retest and look forward to follow-uas necessaryto comply all necessaryregulations s of the focal �ity, county, tate and fderaC government's guidelines. cR spectfully • itted, / 7 / ,, 11",, Nathan W. ( Brinson Chairman, (Board of grustees 407-295-7140 c: Aldred Warren Committee Chairperson AGENDA 11-7-95 Ocoee Item V A • O �� Q f��N`s� PEGGY PSALEDAKIS,DIRECTOR of c000 PERSONNEL/EMPLOYEE RELATIONS 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 (407)656-2322•FAX(407)656-8504 MEMORANDUM TO: THE HONORABLE MAYOR SCOTT VANDERGRIFT AND MEMBERS OF THE COMMISSION FR: PEGGY PSALEDARIS, DIRECTOR PERSONNEL/EMPLOYEE RELATIONS SU: AMEND SECTION 13 .11, EDUCATIONAL INCENTIVES & BENEFITS, OF THE CITY OF OCOEE PERSONNEL RULES AND REGULATIONS ADOPTED BY THE CITY COMMISSION ON 10/5/93, ORDINANCE NO. 93-18 DA: OCTOBER 12, 1995 The Education Committee presently consists of Commissioner Gleason, the City Manager, Captain. Cash and myself . During the last fiscal year, we approved over $5000 in funding for over fifteen of our City employees to assist them in continuing on with their educational needs . The program has been successful an well received by the participants . We met with the participants to discuss some of the problems we were encountering with the issuing of checks and questioned them at length as to the problems they were encountering. After much meaningful dialogue, we decided to amend Section 13 . 11 to assist both parties in a better method of handling disbursements and other concerns . We ask that you adopt our recommendations which in turn will assist us all in ensuring the program will continue with fewer problems . — THE PRIDE OF WEST ORANGE /l ORDINANCE NO. 95- ?7 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO PERSONNEL RULES AND REGULATIONS; AMENDING ORDINANCE NO. 93-18 BY AMENDING SECTION 13 .11 OF EXHIBIT "A" THERETO RELATING TO THE EDUCATIONAL INCENTIVE PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, desires to amend that section of the City of Ocoee Personnel Rules and Regulations relating to the Educational Incentive Program. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2 . Amendment to Educational Incentive Program. Ordinance No. 93-18 , adopted October 5, 1993 is hereby amended as follows: Section 13 . 11 of the City of Ocoee Personnel Rules and Regulations, attached as Exhibit "A" to Ordinance No. 93-18 , is hereby amended as set forth in Schedule 1 attached hereto and by this reference made a part hereof. SECTION 3 . Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4 . Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1995 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED October 26 , 1995 READ FIRST TIME October 17 , 1995 READ SECOND TIME AND ADOPTED , 1995, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of 1995. FOLEY & LARDNER By: City Attorney A:`OCOEE.ORD'101 1,95'SCOTT CLEMENTS DISK(#I);SMC:dc 2 SCHEDULE 1 13 . 11 Educational Incentives & Benefit° The City may authorize payment for tuition and books for courses or ocminaro subject to thc following budgetary pproaxaintsmatotatoWit. • A. The course or curriculum shall be related to the employee' s job or contributory to the long range value of the employee to the City. B. There will be no duplicate payments for the same course, if the course is reimbursable through some other source, then provisions of the City' s education tuition payment plan de *bat-, not apply. C. Requirements to obtain these benefits are : (1) Full time employment with the City at least one year before employee can apply. (2) The educational training can be at the high school, post high school, and adult educational levels . (3) No more than two courses per quarter or semester (or equivalent period of time) may be taken unless permission is obtained from the City Manager .•Edationa . The Edu<atj.ona1 Committee shall be ma4e up f the City Manager and the Drecto of Personnel & E!aployee e3at±cns A City Commissioner arid an e1oyee wh shall be selected by ty employees fran the general work frce shall also serve on this Committee both of whom shall be seletea on ax (41) Application Re4taiiif tor a tuition AdVAtite must be filed prior •to enrollment in the coüisé and must have the approval of the Educational Committee in advance. Thc Educational Committee shall bc made up of thc City Manager, a City Commisoioncr, and an employee who shall bc ocicctcd by City cmploycco f a T:om 9"c......2epeKal work forcc. In the event an mf.:„.:•7?m . ,•:•:::.:•:•:iiii.„..,—.oiautikk:i:wiwitiitvii-ouieciti:i:a.iiiii.tuaittoinwaidvti,: • e and is fflRft omplet .*n o the lase the employee oultmOtill SIMK..4pprw. Committee prior to ezroIimeAt Failure to seek the necessary approval may resflt in denial of tuition .:•:•:•,•,•4.••••,•,•••••„.„•••••4. .4..H••„,.••••••.,•••••••st„.•• submitting a memorandum to the ucat lanai Committee with a ahool sohedule attached The memorandum must state the name of the elass and its cost alone with the anticpated cost for books In order to process the request in a timely manners * Additional language SHAD Deleted language STRICKEN. ::.i;:< aye .:»»>::<•:;»n" i t i .e ...saver e r .> ; : :.:<:»retest ......:...........:..::'e'.'.:ii:? .:Y.:...:.: :i:ii <'':ii:•:•:• .....:v;:.:••i:•.4::: ..'4.,,,:::.;::::i:i:i:::.i':::i:'.:'..: :::::':.: :.:i::i:::::.:.:.i:.::.: :e s :..:.::;::.»::; uA i n.:':>::>as::::;:soon::>:;>ae>:;<::sc ::::0:><:: :che lr d it<.:>::: la::: es:.;:re : v n':::::::a:::::::tui : o ::::::arida :ce«::mus:..;::: ::.: ::i:: : paid:::::::::::`Tr`e c'ir'.ea:Ai: '.?ii: :ti;.i:' ::::::::: 1�'�;en:::::t:diol '••. ::::::; ';:::::f:: •;:: i::::. ; :::::::.::.:;, .:....:.:...,....:.:::::: ::::::i::i:...p... iiiiii: ..:..... ...:.....i:;:::i:.::...:iii::i::::;....;....;i,:;i,;.'::: .. . .:::. ..:::::::::::•Ao:::.::.�.:.::::. c:l:asse €::: ::iand::<:i:<: ooks::ii: :€::<:ii::i:t:he:::ii:<:: ers�'�nn:e:l:::::::::> ..:.:::: . . ::.::::<.;:>:i:.:i>�r::>i;:i�:::.:::.::.::.;;:::.:;:;:.;:.;>::.:>::>::>::i::i>>:ii:<:i.ii;i:.i:;:;ii:.::;;.i:.i:.i:.;:.ii:.i:;.::.i:.::.:;::.i:;.::::::::.:....:::::.::.::: :::::.::�...:...:...................... d •':l?ii?:.•::eie : :r eet:�ng£:ir'r:'e'i llib. t .:..m :::.:::: ,,i,;..•..:......:::.: .....:.:::�::'::".. :14 a: :>; ;thi::i:::class:i:<:::i:: €:s: :::>::>::>:a :g ::::::: mit.<:>::>::>:: .a . :::>::>:::i :':. :�.::.1::.::.::.::.:.:.:.>:::i::i:i::i::i::i::i::i::i::i::i::i::i::i::i::i: :::i:::.i:.>i:;.::::.iiii::;.::.::.i:.::.::. .::.::.::.i:. ;:.::. 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(s0) The employee shall be rcaponsiblc to supply ub to the Personnel Office with a final grade, :ivi:+: ::i:::i':i::i?i'is':ij:i•i'....::'i:,..::i i;:i;i:;is:<i i::{:y{a...;{:}{:?:::.:':ni':.:'.�::e .:. certification, or degree im a e' : w:''' <>< a exp ; r the sch The employee shall reimburse the total` 'co'st of` ' 'i tuition and books if he/she fails to successfully complete the course. 1s ::i:::i::>::::':i:'•:i:: i:}•.;ty::i•:i::i::iii::ii::.i:...4;•.::.:•..:•.:.:i::,:, ::.:::.:'.i:.iiiii..::.•i•.ii.i::';:ii•...course;::;;:ik:::::.:::.:.:r.:>:.::: .i .i:iti .::.i:.-. sha: i :::::be:`:mifoi : b iiiii i i • ':::::::i . : ::::>::o':':::::::::.: ::.: .„...:'.•.:::>::>:: :''i::::::: � e ":: `or i courses';:for::which an emporee'receives a grade, reimbursement to the City will be as follows : Cradc Rcimburacmcnt A 44 E -5&°4 i':iiF:.:.::iii::ii::::iii::i is:i::ii:::;i:...:ii:::::::"i"•••••:;:iiii::is2:i::i:..::i::i::i:..:iii::;::i::i::i::i;;::i:'::i::i::i:::::;'.:i::i:t:::i::i .i:.:.:; :.::.::.:: `.:;::;:> ..;;;:.;:.>;:;::.:i.:.*:i*;:ii.� .ii:.ium:::.:.:. i:.iii:>i:,:.iiii:.::.i:.i:.i:.i:.i:.i:.i:.i:.i:.i:.; : :.::;...;•:::.i.i. :.i:.::':.;.:.;::.;:::::.::: iii;,::.:;i::::::<: i.if ::::.i:.: a a I not r ' : : d::::::::to::::::>r a burs. <:::i:: ' ::<:::: :t:i.i: :: .'iiiiiiee�::<: 'epe: :'ft in <€:> t g :':adeli o ::::s::>: :::>:e. l e s >: i >' '>: ymle:; <> Obpi i:<:><:»::,:.:;.`:ins'::e:es h :j�::j��tt�� y;� �:i:� •i���'��.��y:��i}. :�i� '.�?�:!��; :•:yip•:i.i:.Y•i:.i::i•::i•i:tiv'vti:{.}:{yti:•:•:':.:.i:.i:.::•i:.iso+.{:.,:.i�i:i::tititi:.iitti�:�:.:::i ii:'{;: :''i ?::i:ii ,...'.,x.... tiR f�i..It0 0MA iXi::ij'Wr* iltt iiir'i.�w giiii::!ii'i i'g:i•:::::ft'' ::iJi:4! > (€44P The employee who receives any benefit whatsoever under this program shall be required to work for the City for at least two years from date money is received, or shall reimburse the City for every dollar given upon termination. The City reserves the right to withhold the money owed from any final ................................................. paymcnts at k separation. .................:::..........:::*,............. ................................................. D. The City will attempt to rearrange work schedules for classes if it does not interrupt the normal work flow. 1-12 The Orlando Sentinel Thefe ay,October.26,1995 OR1 OR5 OR3 Reel,Servk:e -,a..:,.1 ➢ CITY OF OCOEE 2077,WHICH IS A PART OF THE y ^•r. ... .,:o.,y,r-,,, NOTICE OF PUBLIC HEARING OFFICE CONDOMINIUM COM- KEVIN E.BEAKY, Partner, CJiaries J. givens, Jr. Notice is hereby given pursuant to Flori- PLEX LOCATED AT 2705 WEST as Sheriff CHARLES J.a al pa the JR..Delta I da State Statutes 166.041 that the FAIRBANKS AVENUE, WINTER Orange County,Florida and l gLalearerf I Board of City Commissioners of the PARK, FLORIDA. SOLD AS IS BY:/s/Cpl.D.Reichert the Thi Ltd.,are Defendants,siddr I a r City of Ocoee will hold a public heanng AND WITH NO WARRANTY. to Orangengt andCCounty bidder for in the Commission Chambers,City Hatt, SOLD SUBJECT TO ALL TAXES, OLS594653y Sheriff Okt19261995 Northt the Avenue,enuSuite 40 ; located at 150 N. Lakeshore Drive, JUDGMENTS, LIENS OF RE- Orange Suite 400 Ocoee,Florida during a regular session CORD OR OTHER ENCUM- NOTICE OF SHERIFF'S OF IM- by.Orlando,Florida,on Novemb to be held on November 7,1995 at 7:30 BRANCES.PURCHASER TO PAY POUNDED ANIMAL 1995,at 11:00 a.m.,the followir p.m.,or as soon thereafter as possible, FOR DEED. TO WHOM R MAY CONCERN: nalscribed real set forth in f in order to consider the adoption of the as the property of the above named You Ire y notified that i wilt offer nap Judgment of Foreclosure o! following ordinances: plaintiff,WAt Un S.NOBANI,and that for sale and sell at public sale to the Lots and 2,HIEN PLAT,aka AN ORDINANCE OF THE CITY OF on the 7th day of November,1995,be highest bidder for cash,'the following uh the Plet thereof as recor OCOEE,FLORIDA,RELATING TO ginning at nine thirty• o'clock in the fore- described livestock,to-wilt: in PIM gook 12'Pig 5,Public PERSONNEL RULES AND REGU- noon or soon there-atter on said day at FOUR BLACK POT BELLIED PIGS. cords of Orange u FlaLATIONS; AMENDING- ORDI- 1 North Orange Avenue,Inside at the PURCHASER TO PAY FOR BILL OF less the icibwi mY• ' NANCE NO.93-18 BY AMENDING front counter of the Judicial Process SALE SECTION 13.11 OF EXHIBIT'A' Unit,in Orlando, at one thirtyo'clock in the afternoon or From theaSouthwestBrien corner of l Orangee s �^ ofN. 41'2 . Plat, i THERETO RELATING TO THE ED- da,I will offer for sale and self to the SOD^thereafter O^the 3Cith day W Or> N 01°41'23'W. 223.18 feet ala ! UCATIONAL..INCENTIVE PRO- highest bidder at hand for cash on de- tuber,1995.at Windy Acres,217 West GRAM;PROVIDING FOR SEVER- mend the above described property of McCormick Road, Apopka, Orange the West line of said Lot 1 t ABILITY; BIL TCTI; SPROVIDING AN said plaintiff,to satisfysaid Judgment s Florida,tO ahsy a dem in the int feet eeS.0t from the'e.a distant and Writ of Executionn g approximately .30 for fees, fa511rodNorthwest r Interested parties may appear at the In accordance with the Americans expenses for feeding and care, and N 88'18'3r of TE.d132.92 feet;Lot 1; The proposed meetin g�d be Ant regarding pro-hwith Act,Disabilities persons��a In Oats her of. with the gmariesrw With S.31'41'23'E. 56.15 feet; the pox copy special a co^snr odaeon to participate M City Hall, Norrtth�Lakkes inspectedbe at this Mu tWtliciaI should tact Co- cialalaacccoommoda ion to p�arocipateein with urred9at e4angles 5 feet o�w Ocoee,Florida,between the hours of ordinator not later than seven days prior this pproceedingp should contact Rosa right to 8:00 a.m. and 5:00 p.m.. Monday to the proceedingat Orange County Lee Munciz,irm'al Process Sales Co East line Northerlyof said t o to a li t thr h Friday. Sheriffs Office,1 North Orange Avenue. ordinator not Inter than seven days prior the , R Right said Way lint NOTICE:An yy person who desires to Telephone: (r407)836.4570; If hearing to the proceeding at Orange County NN.rty Ford Road, point lot appeal any tlecisiorh made by Commis- impaired. (7DD) 1.800-955-8771, or Sheriffs Office.1 North Orange Avenue. feet from the a Southeastascome of 9 8iorh with respect to macer consid- Voice-1V)1-800-955-8770,via Florida Tefe?h0^e:((40 836 4570;M hearing feet from the ered at such meeting will need a record Relay Service, impaired (TD0 1-800.955-8771 or said Lot 1;thenceronthee8North of the proceedings and for such pur- KEVIN E.BEAKY, Voice(V 1-800-955-8770,via Florida Right 175.12'Wal along North pose may need to ensure that a verba- AS SHERIFF Relay Service. Right of Way Curry Ford Roc tim record of the proceeding is made, Orange County.Florida 10 VIN E.BEARY, • DAA this 2 the Point of ayg which record includes the testimony BY: Tony?Talton as SheriffF ran Carltoof Oot,n and and evidence upon which the appeal is As Deputy&ierif Oranggee County,Florida - - - Clerk Circuit Court based.Persons with disabilities need- OLS573223 Oct5,12,19,26,1995 BY:/s/Cpt Robert L Goings Ing assistance to participate in any of As SherCl BY•/ hYa Cleric a D.C. these proceedings should contact the NOTICE OF SHERIFF'S SALE OLS5946 4 Oct 19,26,1995 As Deputy JR Office of the City Clerk,150 N.Lake- IN THE CIRCUIT COURT OF ROBERT B.WHITE. R..ESO. shore Drive.Ocoee, FL 34761.(407) • THE NINTH JUDICIAL CIR- NOTICE OF SALE Florida Bar No.135055 656.2322, Ext 146,28 haws in ad ORANGECUIT IN AND FOR IN THE COUNTY COURT OFSOBERING.-GRAY&WHiTE PA yanks of the . 'COUNTY,FLORIDA -THE.9TH JUDICIAL CIRCUIT IN •201 S.Orange Ave:,Suite 760 Jean Grafton-City Ctarlc .' CASE Na:DP,855597 AND FOR ORANGE COUNTY, O do.Fl- 'r' • OCtobar 26 1885 JANE M SMITH >.FLORIDA • (407)425-4305 - 015564359 _ OCr26,1995 Former Wife - ' CASE NO.CI 963634 Attorneys for Plaintiff - PLAINTiFF - CROWN BANK, A FEDERAL In accordance with the American; vs. SAVINGS BANK. Disabilities Act.persons wish distil 1 SALE NOTICES Former CORTLANDT W.SMITH Plaintiff, needing a special accommodate Former Husband • V. participate in this proceeding s' DEFENDANT WENDY D.GERENA,an individu- contact Court Administration i NOTICE OF SHERIFF'S SALE al,ERROL ESTATE PROPERTY' North Orange Avenue,Suite 1131 NOTICE IS HEREBY GIVEN that I, OWNERS'ASSOCIATION,INC., lando,Florida 32801.telephone KEVIN E.BEARY,as Sheriff of Orange and UNKNOWN TENANTS, 836-2305,not later than seven(7) RE-NOTICE OF County,Florida,under and by virtue of Defendants. prior to the proceeding.If hearin FORECLOSURE SALE " a Judment and Writ of Execution, AMENDED NOTICE OF SALE Paired,(TDD)1-800.955.8771,or IN THE CIRCUIT COURT OF therein issued out of the above entitled Pursuant to Chapter 45 11.800-955-8770,via Flora THE 9TH JUDICIAL CIRCUIT,IN Court in the above styled cause,dated NOTICE IS HEREBY GIVEN pursuant •_976 AND FOR ORANGE COUNTY, the 27th day of September,1995,and to an Order or Final Judgment of Fore- OLS597625 OCT.19,2f FLORIDA have levied upon the following de- Closure dated July 25,1995 and entered NOTICE OF SHERIFF'S SAI GENERAL scribed property located,and being in in Case No.Cl 95-3634,of the Circuit IN THE CIRCUIT COUF JURISDICTION Orange County,Florida,to-wit: Court of the Ninth Judicial Circuit in and THE NINTH JUDICIAL • DIVISION Any and all of the not,title and in- for Orange County Florida wherein CUIT IN AND FOR OR/ CASE NO:CI95.3147 DIV 35 • - tenet of CORTL.ANDT W.smn-n,in CROWN BANK,A FEDERAL SAVINGS COUNTY,FLORIDA BANKERS TRUST COMPANY OF CAU- and to the following described real BANK is Plaintiff and WENDY D.GER- CASE NO.:0194.4611 FORNIA, N.A. AS TRUSTEE FOR property to•wtt • ENA, an individual, ERROL ESTATE RHINEHART RESTAURANT VENDEE MORTGAGE TRUST 1994-1 -. • L07 44 BLOCK 'A', BEL-AIRE • PROPERTY OWNERS'ASSOCIATION, SUPPLY,INC. PLAINTIFF - - ,,--- ' WOODS FIRST ADDITION. AC-- INC., and'UNKNOWN TENANTS are • PLAINTIFF CORDING TO THE PLAT THERE- defendants f will sell to the and vs. JOSE• A. CORNIEL' UNKNOWN - OF AS RECORDED IN PLAT BOOK. best bidder for cash in fid MERTON RESTAURANT SPOUSE OF JOSE A.GORNIEL;SUT- 2,PAGE 18 OF THE PUBLIC RE- Floor of the py�p� y EQUIPMENT CO. . TON RIDGE HOMEOWNERS ASSOCIA• CORDS OF ORANGE COUNTY. in 37 Si-Oriug ;vena,6ronge Cram- DEFENDANTS TION, INC.;JOHN DOE AND JANE FLORIDA. AN UNDIVIDED ONE- ty Florida at eleven o'clock a.m.on the NOTICE OF SHERIFF'S SAU DOE, AS UNKNOWN TENANTS IN . HALF INTEREST IN THE PROPER- 9th day of November,1995.the fellow- NOTICE IS HEREBY GIVEN t POSSESSION TY LOCATED AT 6447 JACK- ing described_property as set forth in KEVIN E.BEARY,as Sheriff of 0 DEFENDANTS WOOD COURT,ORLANDO,FLORI- said Order or Final Judgment.to-wit: Florida,under and byvim RE-NOTICE OF DA.SOLD AS IS AND WITH NO Lot 1,Block G,ERROL ESTATE, a County, and Writ of Eecs FORECLOSURE SALE WARRANTY.SOLD SUBJECT TO according to the plat thereof as re - NOTICE IS HEREBY GIVEN pursuant ALL TAXES,JUDGMENT,LIENS corded in'Plat Book 3, Page 81, thereinourtth issued out of the above er to an Order Granting the Motion to Re- OF RECORD OR OTHER ENCUM- Public Records of Orange Courcy, Chert in the above styled . 199,' set Foreclosure•Sale dated October BRANCES.PURCHASER TO PAY Florida. y the leviedST dayupon August. twin. 5,1995,entered in Civil Case No.CI 95- FOR DEproED. DATED DATEDFthis C0th day of October. �bgd propery located,,and be 9TH Jud dFlorida.to-wit: 3147 DIV a prcuit ie n a tl taORA 1GE fthe end ntt, ORTOLANDT W EMIT and CLERK OF CIRCUIT Orange AND CounA OF THE FOLLC County, ORLANDO, Florida, wherein that on the 13th day of November,1995 COURT ING INVENTORY INCLUDING.E BANKERS TRUST COMPANY OF CAU- beginning at nine thirty o'clock in the (CIRCUIT COURT SEAL) NOT LIMITED TO:MISC.REST, FORNIA, N.A., AS TRUSTEE FOR forenoon or soon there-after on saitl By: LaSHAU BRADDOCK, RANT SUPPLIES,(t.E.ASSORT VENDEE MORTGAGE TRUST 1994-1 is day at 1 North Orange Avenue,Inside D.C. PAPERWARE, UTENSILS, CU; Plaintiff and JOSE A. CORNIEL; UN- at the front Counter of the Judicial duty Clerk CHINAWARE AND PLASTIC CC KNOWN SPOUSE OF JOSE A.COR- Process Unit, in Orlando, Orange KENNETH L SCHUTT,ESO. S).A MORE PARTICUL NIEL;SUTTON RIDGE HOMEOWNERS County,Florida.I will offer for saletoAttomeY tor Plaintiff INVENTORY MAY BE SEEN T ASSOCIATION,INC.;JOHN DOE AND the higest bidder at hand for cash on SOBERING. GRAY & WHITE, DAY OF THE SALE BETWEEN I JANE DOE.AS UNKNOWN TENANTS demand the above described propertyPan HOURS 8:00 A.M TO 9:30 A.M. IN POSSESSION are Defendants.I will of said defendant,to satisfy saiJud201 S.Orange Avenue, 207 WEST GORE STREET, C sell to the hi hest and best bidder for meet and Writs of Execution. g Suns 760 • LANDO, FLORIDA 32806. SO cash AT THEORANGECOUNTY CIVIL In accordance with the Americans Orlando FL 32801 • AS IS AND WITH NO WARR/ BUILDING of the ORANGE COUNTY with Disabilities Act,persons needinga 407/425-4305 Courthouse in ORLANDO, Flonda,at special accommodationiesAct to participatin In accordance with the Amencans TY.SOLD SUBJECT TO AU.Ti 1:00 o'clock a.m.on the 10th day of this proceeding should contact Rosa With DisabilitiesAct,persons with dea- 1ES AND LIENS OF RECO( November, 1995, the following tie- Lee Munoz Judicial Process Sales Co- bilities needing a spetal accom proceeding PURCHASER TO PAY FOR B scribed propertyas set forth in said ordinator not later than seven daprior tion to participate in this proceeding OF SALE, gg proceeding days should contact Court Administration at as the property of the above nI Summary• LO70,SUTTON RIDGE PHASE Sheriff's Office,I Orth Oranat ge e Avenue. 37 North Orange Avenue,Suite 1130, plaintiff, INC.,RHIan ART RESTAUf TWO UNIT II, ACCORDING TO Telephone: (407)836-4570: II hearingOrlando.Florida 32801,telephone(407) SUPPLY, NC.,and that on the 28r • THE PLAT THEREOF,RECORDED impaired, (10 1-800.955.8771, r 836-. 2168,not later than seven(7)days of November, 1995 beginning at IN PLAT BOOK 21, PAGE 22 OF Voice (V) 1-800-955-8770,via Florida prior to the proceeding ere; int• thirty o'clock in the forenoon or THE PUBLIC RECORDS OF OR. RelayService. paired,(TDD)1-800.955.8771,or Voice there-after on said day at 207 V ANGE COUNTY,FLORIDA. KEVIN E.BEARY. (V) 1-800-955-8770,via Florida Relay GORE o R ry STREET,ood .I inOrlando, offer for Or Dated this 5th day of October,1995 AS SHERIFF Service. OLS594771the highest bidder at hand for Ca FRAN CARLTON Orange County,Florida OCT.19,26.1995 demand the above described prc CC rt lluerrk of the Circuit BY:/s/Cpl.R.L Goings NOTICE OF SALE of said plaintiff,to satisfy said Judc Deputy Sheriff IN THE CIRCUIT COURT OF and Writs of Execution. (CIRCUIT COURT SEAL) OLS585880 OCT.12,19.26; THE 9TH JUDICIAL CIRCUIT In accordance with the Amer By:JOANNA A.HAMON,D.C. NOV.2.1995 IN AND FOR ORANGE COON- with Disabilities Act,persons neer DAVID JDeputClerk NOTICE OF SHERIFF'S SALE TY.FLORIDA special accommodation to parbcip ATTORNEY FOR PLAINTIFF IN THE CIRCUIT COURT OF CASEIV35 NO.Cl 9x 1822 this proceeding should contact 2627 NE 203RD STREET, THE NINTH JUDICIAL CIR- DIV Lee Munoz.not later than l Process Sala STE 204 CUIT IN AND FOR ORANGE KEYBANK BANK OF NEW YORK. toYORK FAQ rothe or oceed no at Orange eavi NORTH MIAMI BEACH, COUNTY,FLORIDA N.A..SUCCESSOR BY MERG- f S'ienf s Otficc.1 North Orenoe Av FL 33180 CASE NO.:CW91-185 ER TO KEYBANK Or WE9l- Ieiecnone. I4C71e36-45' - (305'.932-7776 ! PALMER PAPER COM?ANI.r Ir h` r.64,gia , n, ...c,,ru_n,., r. ERN NEV.' YORk, N.. 4 p;,n=c [TED• 1-600-o:q.a__ 1 AGENDA 11-7-95 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item V B ()go=,e O ..ry� ��O COMMISSIONERS CITY OF OCOEE RUSTY JOHNSON +� J► a. PAUL W.FOSTER p .... SCOTT A.GLASS 150 N.LAKESHORE DRIVE (41. V OCOEE,FLORIDA 34761-2258 JIM GLEASON � (407)656-2322 CITY MANAGER 4#4, CITY GOO�` ELLIS SHAPIRO MEMORANDUM TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISS NERS FROM: D.W. FLIPPEN, BUILDING AND ZONING DIRECTOR A.- DATE: NOVEMBER 2, 1995 SUBJECT: PROPOSED CHANGES TO CITY OF OCOEE SIGN ORDINANCE ISSUE Should the Honorable Mayor and City Commission approve changes to the existing City of Ocoee Sign Ordinance? BACKGROUND/DISCUSSION On October 25, 1995, the Planning and Zoning Commission, acting in their capacity as the City Land Planning Agency, considered a proposed ordinance which would amend our existing City Sign Ordinance which would permit Developers, Builders, and Realtors to place directional signs in City Rights-of-way on weekends and holidays. This proposed ordinance would also provide for advertisements to be placed on the backrest of public transportation benches and provides for new home guide signs. Advertising for garage sales and special events advertising is also provided for. After a lengthy discussion, the Planning and Zoning Commission made the following recommendation: Chairman Switzer, seconded by Vice Chairman Bond, moved to recommend approval of the ordinance subject to consideration of the comments contained in the minutes of the meeting. Motion carried 4-0. As directed by the Planning and Zoning Commission, a copy of the minutes of the October 25, 1995 Planning and Zoning Commission are attached. Some of the concerns of the Planning and Zoning Board Members are: A) Limitation of time period for real estate signs. B) Provisions for "Broker Opens" realtor signs. C) Continuation of restrictions on billboards. Staff Report November 2, 1995 Page 2 D) New Homes Guide Signs; Putting the City in the sign business. Why is the City erecting signs? E) New Home Guide signs may be littering. F) Time restraints on Builders and Developers for placement of signs prior to permitting of the development or building construction. G) Definition of Developer and Builder. Should Builders be permitted to advertise there new homes at the same time as developers obtain their development permit from the City? H) Temporary for sale by owner signs for home owners who need to provide directions to their own homes. RECOMMENDATION Staff respectfully recommends that the Honorable Mayor and Board of City Commissioners adopt this ordinance with consideration of the issues discussed by the Planning and Zoning Commission. It is recommended that if this ordinance is adopted, the effective date should be January 1, 1996. DWF/sas/669 I LtA MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD WEDNESDAY, OCTOBER 25, 1995 CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:44 p.m. followed by a moment of silent meditation and the pledge of allegiance. A quorum was declared present. PRESENT: Chairman Switzer, Vice Chairman Bond, Members Hopkins and Miller and Alternate Members McKey (arrived at 8:45 p.m.) and Williams. Also present were Planning Director Wagner, Building and Zoning Official Flippen, Assistant City Attorney Formella and Deputy City Clerk Green. ABSENT: Members Jones (away for medical tests), Landefeld (vacation) and Rhodus. CONSENT AGENDA The consent agenda consisted of approval of item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held Tuesday, August 8, 1995. Chairman Switzer, seconded by Member Miller, moved to approve the Minutes of Tuesday, August 8, 1995 as submitted. Motion carried 4-0. Chairman Switzer announced that the Planning and Zoning Commission would be acting as the Local Planning Agency as it considered the Sign Ordinance Amendment. NEW BUSINESS SIGN ORDINANCE AMENDMENT Planning Director Wagner said an earlier draft of the proposed ordinance had been considered by both the Planning and Zoning Commission (on September 12) and the City Commission (on September 19). The ordinance now under consideration incorporated the changes recommended by both boards and would be presented to the City Commission along with any recommendations ofP & Z. Building and Zoning Official Flippen, whose department enforces the sign regulations, had led in preparing the ordinance and was present to answer questions. He said the ordinance had been prepared at the direction of the City Commission and with the aim to include provisions which would be both enforceable for the City and fair to the builders, developers and realtors who needed the weekend signs. Chairman Switzer opened the public hearing. Lou A. Armesto, 1029 Southern Oak Lane, Apopka, spoke on behalf of the Home Builders Association (HBA), and as chairman of a task force for HBA which works with municipalities and counties on sign ordinances within the four county area. She thanked City staff for all their work on the ordinance, their understanding that the signage was needed, and their effort toward 11 Planning and Zoning Commission Regular Meeting October 25, 1995 compromise. Ms. Armesto said there were four areas in which they felt the ordinance needed further work: 1) Fees and permitting - She said the $10.00 permit fee per sign was too high and that other area cities were having about 70% to 80% compliance from builders with a charge of $10.00 for a yearly permit. She was concerned about the requirement for stickers on each sign, as the mechanics of having them would be a burden on builders. She suggested marking the back of each sign with a permit number. 2) Size of signs - She suggested a pole height of four or five feet instead of three feet so that directional signs could be seen from the road. 3) Number of signs - She said they could "live with" a provision for ten signs per subdivision if it meant ten signs per builder, but, in the case of master plan communities in which there was more than one builder, ten signs per total subdivision would not be acceptable. 4) Time period for use of signs - She explained that presales were critical for a development and that signage played an important role in them. She asked that they be allowed to permit and to start signage when a sales trailer was placed in the community instead of waiting until the first building permit was issued. Chairman Switzer asked Ms. Armesto if the signs were the only source of advertising, if a merketing survey were not normally done by developers, and how they were currently handling the situation in Ocoee without this ordinance. Ms. Armesto answered that, while they also used Sentinel ads and billboards, the signs were by far their most cost effective advertising medium, and that road signage brought over 50% of customers on the weekend. She said the more expensive ads or billboards would drastically impact the cost which would be passed on to the customer. She said that, while marketing surveys were done by developers, having direct contact on the property often yielded more helpful information than the marketing study. She said signs were now being placed on and off of right-of-way for approximately the time period as written in the ordinance. The task force, through the HBA, has asked their membership to act responsibly even without local legislation. As no other citizens wished to speak, the public hearing was closed. Vice Chairman Bond said she had a number of concerns and asked Mr. Flippen if real estate directional signs would be restricted to Friday afternoon to Monday morning. Mr. Flippen confirmed that the Friday, 5:00 p.m. and Monday 8:00 a.m. limitation for 2 © [I] J Planning and Zoning Commission Regular Meeting October 25, 1995 temporary directional signs applied to everybody - builders, developers and realtors. Ms. Bond said she was very much opposed to limiting the posting of real estate directional signs to the weekends only. Speaking as a broker/owner/realtor, she said that, as was the case in subdivisions, the majority of sales on resale homes came from signage, from drive by traffic. She explained how difficult it was to handle these sales under the current sign restrictions. She said she was sometimes compelled to place signs where they should not be because of pressure from the homeowner. She had resorted to asking property owners who live on corners for permission to place directional signs in their yards. She said the only exposure for the more remote listings was through MLS (Multiple Listing Service) and advertising. She said "brokers' opens," which would attract brokers and agents, were one of the most effective marketing tools for local realtors and custom home builders. She described the challenge of providing adequate signs for such an event under the present restrictions and said that some of these issues needed to be addressed because it was difficult to do business. Ms. Bond said she wanted the City Commission to consider allowing realtors to have signs seven days a week. In order to avoid a junky or haphazard appearance, she suggested that the City might consider selling to realtors small signs (8" x 12") which read "Home for Sale" and included a directional arrow. She said something needed to be done for the resale market, as it was hurting the homeowners and the realtors' businesses. Ms. Bond disagreed totally with Ms. Armesto's suggestion for markings on the back of signs. She preferred the sticker. She has silk screened signs, as do many local realtors and custom home builders, and would be appalled if the signs were marked with black magic markers. She said she was not opposed to charging a fee for each sign authorized by a Temporary Directional Sign Permit (page 3, item B 7), as she understood how important it was to maintain control. She suggested that the City have a right-of-way map available for sale to assist with "legal" sign placement. (page 4, item B 16) She noted the disparity between the ten temporary directional signs allowed to developers per each separate subdivision and the maximum of three signs allowed to realtors. She explained the difficulty in directing customers to some areas with only three directional signs. She said realtors who took over a subdivision when the developer was ready for final phaseout of homes would be handicapped. She asked for consistency in requirements. She said major special events were allowed to post signs for seven days. She said the signage requirements should be consistent whether for business or pleasure, and that she would be totally opposed to anything that was not consistent. 3 @gip 7 Planning and Zoning Commission Regular Meeting October 25, 1995 Member Miller pointed out, in regard to Ms. Bond's comment on page 5 concerning developers, builders, and realtors, that realtors sign limitations in a subdivision were the same as those for developers and builders. Ms. Bond responded that realtors typically do not have a subdivision and reiterated the difficulty in directing customers to some properties, and suggested the City consider sale of "arrow" signs. Member Hopkins asked for clarification on page 5, item C (3). She asked if the ten signs for realtors were in addition to the ten signs the developers/builders were allowed for a total of 20 signs. Mr. Flippen confirmed the total would be 20. Mr. Wagner directed attention to page 4, item B (17), which provided "The maximum number of developer and builder temporary directional signs approved by the City shall not exceed thirty (30)per each subdivision. Temporary directional signs for realtor signs are not included in this thirty (30) signs." Member Hopkins agreed that a three foot stake for the signs would be too short. Mr. Flippen explained that the intention was that the sign should not exceed three feet above grade. Chairman Switzer asked what the sign ordinance would do to other businesses within the City, and expressed his concerns about a proliferation of billboards over the City. He said he understood some were grandfathered in, but that he did not want to see more. He specifically objected to signs such as those on poles on Silver Star near Brentwood and on Highway 50 between Scotty's and Health Central. Mr. Flippen explained that this ordinance did not apply to permanent businesses with a fixed location, such as a hardware. Assistant City Attorney Formella explained that off-site billboards were prohibited in Section 8-5 of the Land Development Code (LDC), and from a legal standpoint, this ordinance would not change the regulations with regard to billboards. Mr. Wagner said it was hoped that regulations which allowed people to fmd their way to the subdivision would decrease the need for developers to use billboards. Ms. Bond asked how board members felt about real estate signs. Chairman Switzer said he liked the new ordinance concerning garage sale signs and commended Mr. Flippen for his handling of that issue. He said he understood the importance of and the need for the directional signs as they affected the livelihood of many people and were 4 Planning and Zoning Commission Regular Meeting October 25, 1995 necessary to assist in the sale of homes, but he did not want streets cluttered all the time trying to get somebody to the house. Mr. Wagner reminded members that two different kinds of signs were being considered - temporary week end signs and new home guide signs that are permanent signs. He also said that this was not a complete sign ordinance, but an augmentation to that which already existed. Regular real estate signs were not covered in this ordinance because they were already covered in the existing code. Ms. Armesto pointed out that realtors would have three directional signs in addition to the listing sign on the house,and that the builders' ten signs would be marketing 25, 50 or 200 homes. She suggested that a "brokers open" might have signage as a Minor Special Event. Ms. Bond said she had not related that provision to her business. And Mr. Flippen said that it might be interpreted that way. Ms. Armesto said, with regard to New Homes Guide signs, that a kiosk sign could provide a clean, uniform, organized look to signage and yet move traffic and could result in a decrease in temporary weekend directional signs. Ms. Armesto said she would like to hear board members thoughts on the permitting issue/the cost and mechanics of the permitting. She said putting the City in the sign business would not be the best way. Member Hopkins asked for clarification on page 5, item C (1) (a) and asked if the clock started running from the first building permit issued or from the start of the whole process, the clearing and grubbing, etc. Mr. Wagner confirmed it was the start of the development itself, not the actual homes. Mr. Switzer asked and Mr. Flippen confirmed that the height of the signs was to be 3 feet, not the length of the stake. Milo J. Mannino, 5075 Bamegat Point Road, Orlando, a sales consultant for Maronda Homes, spoke in support of the proposed ordinance. He suggested, instead of a sticker for each sign, having a permit issued to each builder for a certain number of signs. Mr. Flippen explained the sticker on the front of the sign was needed to facilitate code enforcement. Chairman Switzer asked why the City should erect the new homes guide signs. (page 7, section 8-9 A.) He said many of the subdivisions entrance ways had the name on large signs and he thought that was sufficient. He said he thought the additional signs would be littering. 5 LiA Planning and Zoning Commission Regular Meeting October 25, 1995 Mr. Wagner said the staff was concerned that the kiosk signs could get out of hand if the City did not maintain strict control over them. He said the developers or whoever was advertising on that sign would be responsible for the payment of the cost of the structures, etc. and for any repairs or replacement that might be needed. He said exactly how they would be regulated was yet to be determined, but staff felt that the City should decide the location of the kiosk signs and that would be a decision made by the DRC and ultimately the City Commission. He said kiosk signs controlled within certain parameters would limit the visual pollution yet accomplish the purpose of helping people find the subdivisions by which they would not normally drive. Ms. Bond asked if they were supposed to make a motion, or just give a list of their ideas. Mr. Wagner said, based on this discussion and on the assumption that the citizens who spoke would come before the City Commission, it would be best to provide detailed minutes of this meeting identifying the main points that were discussed and perhaps the motion should be to recommend approval of the ordinance conditioned upon those comments unless board members have some very strong opinions about certain items which they wanted to place in the motion. He said he thought it would have to go the Commission in general form, and he expected that they would make some modifications to it as well. He said the ordinance might have to be redrawn after Commission considered it. Chairman Switzer suggested that each Commissioner sum up their feelings on this. Member Hopkins noted (page 5, item C (2) (b)) that it was the builder, as opposed to the developer, who could not place the sign until a building permit had been issued, and asked if there were a definition of the terms elsewhere. Mr. Wagner said he understood her point- the developer was allowed to place the sign as soon as the subdivision was underway, but the builder could not place a sign until a building permit for the construction of a building had been issued. While in many cases the developer was the builder, he agreed that this provision and the distinction between a developer and builder needed clarification. Mr. Flippen said he had no objection to changing the ordinance so that the regulations for advertisement would be the same for the developer and the builder. Attorney Formella pointed out that the Code included a definition of developer in Article II, but there was no definition of a builder. She said, essentially, a developer was anyone undertaking development, and development included a number of different activities (clearing, etc.) Chairman Switzer asked Mr. Flippen if he could not address that, and he asked what was the 6 C7 Planning and Zoning Commission Regular Meeting October 25, 1995 pleasure of the board. Ms. Bond said she thought it was excellent the way it stood, but that builders and developers should be treated equally, and Chairman Switzer agreed with her. Ms. Hopkins said she agreed, unless a builder was defined as one who built one piece of construction - one house on one lot, not in a subdivision. She said the meaning was vague, and that she found the fees to be vague. Mr. Switzer asked Mr. Flippen if the fees would not be set by the City Commission. He confirmed they would do so by Resolution. Ms. Armesto said they were not opposed to the stickers, but they were opposed to an individual fee for each sign. They were much more amenable to payment of a flat permit fee in order to receive the assigned stickers. Ms. Bond asked if a set number of stickers could be issued at the time a yearly permit was issued. Mr. Flippen said, as written, they were only allowed ten signs/ten stickers, and the only way they could get more stickers would be to come back in with the number of the sticker for the sign which was stolen, damaged, or destroyed. In response to a question from Chairman Switzer, Mr. Flippen said they had not yet determined a fee. Ms. Armesto said a survey of the homebuilders revealed they thought that a reasonable fee would be between $10.00 and $125.00 per yearly permit. And she further suggested that the first time that they abused their permit in any way, they would receive a warning, the second time they would lose their permit and could not apply for another one for the remainder of the year. And if an additional amount was to be charged per sign, on top of that fee, then they wished them to be levied by subdivision (i.e. location). Chairman Switzer said the Planning and Zoning Commission would not be taking any action or making any recommendation on the fee. He said City staff and the City Commission were attuned to the needs of the community and he was sure that a solution would be reached that would be satisfactory to both parties. Mr. Wagner said the fee needed to be sizeable enough to be an encouragement for the builders to pick up their signs. 7 Li,Ad Planning and Zoning Commission Regular Meeting October 25, 1995 Alternate Member McKey asked if the report of 25 stolen signs was a realistic number. If so, he wondered who would steal them and for what purpose. (An unidentifiable voice responded - that it was a very realistic number.) Mr. McKey questioned the wisdom of the City getting into the sign making business again, and asked (referring to Page 8, item B (3)) in what capacity would a homeowners organization desire to utilize the new home guide signs. Mr. Flippen answered that they might want to put up a sign about the subdivision. Mr. McKey commended staff's efforts on the ordinance as he thought they had one a terrific job in trying to control "a very big octopus." Ms. Miller said the permit fee issue was a separate issue and did not want to address it. She said she did not agree with the City getting into the sign business. She said this was her only big concern, and explained that, once begun, it might be difficult to stop. She said she thought that was what private business was for. Ms. Bond said that overall she thought Mr. Flippen and his staff had done a really good job, and that she agreed with Member Miller and Chairman Switzer. She stressed the need for signs during the week. She asked, if the City did get in the sign business, if they would also help the local realtors by having small signs as mentioned earlier in the meeting. She said she felt there was more concern for builders and developers than for realtors. Chairman Switzer asked what was the pleasure of the Commission. He said he thought Mr. Wagner had addressed that issue that we make a motion that we either approve or disapprove and if it is approval that it be forwarded with the comments in the minutes of this meeting. Mr. Wagner added, "for additional consideration based on those comments." Mr. Switzer asked Attorney Formella if that motion was acceptable. Ms. Formella said it might be helpful to determine which issues had been explained to their satisfaction and which issues were still outstanding in order to determine the areas the board would like the staff and the City Commission to focus on. She asked if anyone felt the sticker issue needed to be revisited. Mr. Switzer said he thought that the sticker was a control device and he had no problem with whatever would be workable/feasible so long as it was approved by the City Commission. Ms. Bond said, "and as long as it keeps control." 8 LA Planning and Zoning Commission Regular Meeting October 25, 1995 Mr. Wagner said that Mr. Flippen could identify their concerns from his notes and the minutes and could include them in his staff report to the City Commission. He said the HBA representatives would give their presentation before Commission as well. He said some of the small details would be worked out, and that Commission might direct that portions be rewritten before the ordinance was adopted. Mr. Switzer said he thought the ordinance was certainly a good first step, even if it was not the answer. As it was unclear from her notes, Ms. Formella asked if board members had concerns about builders having a limit of ten signs per subdivision. Mr. Switzer said that after entering the subdivision it was easy to find the home that was begin offered. Mr. Flippen said the individual signs on the individual lots inside the subdivision were not covered in this total. Mr. Switzer said as he drives down the road on week ends, he sees 20 signs between Bluford Avenue and Good Homes Road directing him to homes that are for sale by various builders, and he does not want to see 20 signs seven days a week. Ms. Bond said she hoped she had made it clear that she wants her feeling to be transmitted to the City Commission that she wants realtors resale signs to remain up during the week. She said a realtor's needs were different from those of a developer. Mr. Switzer asked Ms. Bond what would be her answer to the problem. Ms. Bond said she would like staff to look at realtors having signs during the week for resales. She suggested unobtrusive, uniform, conforming small signs as mentioned earlier in the meeting. She said realtors should pay for the signs and should follow all the other guidelines that were set up - i.e. stickers, charges. Mr. Flippen said they had been directed by the City Commission to address weekend directional signs and if it were to be changed to have signs seven days a week, he would have to have direction from Commission. Ms. Bond again stressed that the needs of a realtor on resales differed from those of a builder/developer. She said up until two years ago they could put their signs anywhere they wanted to. She said she agreed with the enforcement that had been done to clean up the sign problem, but it was making it difficult for the realtors. Mr. Switzer said Ms. Bond's point was well taken and asked if it would be feasible to add a 9 7 M Li T c-3 , , Planning and Zoning Commission Regular Meeting October 25, 1995 paragraph to include realtor signs on page 5. Mr. Flippen said it would be necessary to rewrite that section in order to deal with it. Alternate Member McKey asked where the homeowner who decided to sell his own home fell under for the signage. Mr. Switzer and Ms. Bond recommended that a section be added for individual homeowners to be permitted to have signs as for realtors. Chairman Switzer, seconded by Vice Chairman Bond, moved to recommend approval and that it be forwarded with the comments in the minutes of this meeting for additional consideration based on those comments. Motion carried 4-0. Ms. Formella said, just to clarify for the record, is your motion that you "move to recommend approval subject to consideration of the concerns raised in the Planning and Zoning Commission minutes"? Chairman Switzer responded, "Absolutely." Above motion was voted upon after this comment. OLD BUSINESS - None. OTHER BUSINESS - None. COMMENTS - None. ADJOURNMENT The meeting was adjourned at 9:35 p.m. Harold Switzer, Chairman Marian Green, Deputy City Clerk 10 I ORDINANCE NO. 95- 28 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO SIGNAGE; CREATING THE FOLLOWING NEW SECTIONS IN ARTICLE VIII OF CHAPTER 180 OF THE CITY OF OCOEE CODE OF ORDINANCES KNOWN AS THE LAND DEVELOPMENT CODE: SECTION 8-7 RELATING TO TEMPORARY DIRECTIONAL SIGNS; SECTION 8-8 RELATING TO PUBLIC TRANSPORTATION BENCH ADVERTISEMENT; SECTION 8-9 RELATING TO NEW HOMES GUIDE SIGNS; SECTION 8-10 RELATING TO OFF-PREMISES DIRECTIONAL SIGNS FOR NONPROFIT ORGANIZATIONS; AND SECTION 8-11 RELATING TO SIGNAGE IN ACTIVITY CENTERS; AMENDING SECTION 6-10.D. (6) OF ARTICLE VI OF CHAPTER 180 OF THE CITY OF OCOEE CODE OF ORDINANCES RELATING TO REQUIRED LANDSCAPING; AMENDING SECTION 8-4.B. (2) OF ARTICLE VIII OF CHAPTER 180 OF THE CITY OF OCOEE CODE OF ORDINANCES RELATING TO GROUND OR POLE SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to amend the City' s sign regulations as set forth in Article VIII of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida; and WHEREAS, pursuant to the provisions of Chapter 163 , Florida Statutes, the Ocoee Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a public hearing on October 25, 1995 to review the relationship between this Ordinance and the Ocoee Comprehensive Plan, and following such hearing found this Ordinance to be consistent with the Ocoee Comprehensive Plan and in the best interests of the City of Ocoee, and recommended that the City Commission adopt this Ordinance; and WHEREAS, pursuant to Chapter 163 and Section 166 . 041 (3) (c) , Florida Statutes, the Ocoee City Commission held public hearings on this Ordinance on November 7, 1995 and on November 21, 1995, after public notice and received public input with respect thereto; and WHEREAS, the City Commission of the City of Ocoee finds and determines that this Ordinance is consistent with and implements the City of Ocoee Comprehensive Plan and that adoption thereof is in the best interest of the City of Ocoee. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes . SECTION 2 . Temporary Directional Signs. Section 8-7 of Article VIII of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows : § 8-7 Temporary Directional Signs A. Definition Temporary Directional Sign is defined as a temporary sign erected pursuant to the provisions of this Section which is designed and erected to serve as a public convenience in directing pedestrian and vehicular traffic, but not used for the purpose of advertising uses and activities on site. All references in this Section to a sign or signs shall refer to a temporary directional sign. B. The following Standards shall apply to temporary directional signs : 1) Signs may be placed only within a City road right-of- way on (a) weekends after 5 : 00 p.m. Friday and must be removed prior to 8 : 00 a.m. the following Monday, and (b) legal holidays after 5 : 00 p.m. of the day preceding the holiday and must be removed prior to 8 : 00 a.m. of the day after the holiday. Signs erected pursuant to this Section shall be prohibited at all other times . 2 2) Individual signs shall not exceed four (4) square feet in area or 3 feet in height, except that three individual signs may be ganged together on one vertical support not to exceed ten (10) feet in height . 3) Signs shall be for directional purposes only. It is not the intent of this Section to require specially designed real estate signs to be used as temporary directional signs . Real estate signs containing the realtor' s name, address and telephone number are permitted as long as they do not exceed four (4) square feet in area and contain a directional arrow. 4) Signs shall be attached to a separate individual support base . Signs are prohibited from being attached to utility poles, existing signs, street signs, structures, trees or fences . 5) Signs shall be made of a durable hard surface conducive to promoting traffic safety by preventing visual distraction. No flags, pennants, banners, or moving parts shall be permitted on the sign or separate from the sign. All temporary directional signs shall be maintained in good condition. No bent, faded, or damaged signs shall be erected. Any sign damaged by an reason may be removed by the City. Damaged signs removed by the City may be replaced in accordance with Section 8-7 .B. (14) of this Code . 6) Signs erected prior to 5 : 00 pm Friday and not removed by 8 : 00 am the following Monday and/or 5 : 00 pm of the day preceding a legal holiday and removed by 8 : 00 am of the day after the holiday shall be removed by the City and not returned to the owner of such sign. Fees paid for the confiscated sign (s) shall not be refunded. 7) The City shall charge a fee for each sign authorized by a Temporary Directional Sign Permit - Fee schedule shall be determined by Resolution adopted by The City Commission. 8) All signs erected without a permit may be removed by the City. The owner of a sign erected without a permit may be billed by the City for the cost of removing the sign. The cost shall be determined by Resolution of the City Commission. Failure to pay the cost within thirty (30) days after notice shall be a violation of this Code enforceable against the owner of the sign pursuant to Chapter 7 of this Code. 9) Signs may be placed no closer than fifteen (15) feet from the edge of pavement or within one (1) foot of the 3 sidewalk between the road pavement and sidewalk, whichever is less . 10) No sign shall be placed in a roadway median strip. 11) Temporary Directional Sign Permits for Developers, Builders and Realtors shall be issued on a yearly basis from January 1 through December 31 . Permits issued after July 1 shall be charged one half 1/2 the fee established by Resolution of the City Commission. 12) Temporary Directional Sign Permits for garage sales, Major Special Events and Minor Special Events shall be issued for the duration of the sale or special event . 13) A numbered City of Ocoee identification seal shall be attached to the upper right hand corner of each sign. Numbered City of Ocoee identification seals shall be issued by the City of Ocoee. 14) Replacement City of Ocoee temporary directional sign seals for damaged, lost or stolen signs may be obtained from the City upon written request to the Building Official, by the owner of the signs . Written request shall contain the original sign number (s) and the reason for the needed replacement . New sign seals will be issued upon approval by the Building Official and payment of required fees . 15) Temporary directional signs shall be permitted only for property or functions in the City of Ocoee . No signs shall be permitted or erected in the City of Ocoee when said directions are to property or functions not located in the City. 16) Temporary directional signs shall only be erected in City controlled rights-of-way. No temporary directional sign shall be placed within a twenty-five (25) foot safe site triangle as defined in the City of Ocoee Land Development Regulations . 17) The maximum number of developer and builder temporary directional signs approved by the City shall not exceed thirty (30) signs per each subdivision. Temporary directional signs for realtor signs are not included in this thirty (30) signs . 18) Signs shall not be erected without a permit . C. Temporary Directional Signs shall be limited to the following: 4 1) Developers Developers of residential or commercial subdivisions which are located within the City of Ocoee shall be subject to the following additional conditions and limitations : a) Developers shall not be permitted to place signs until a permit has been issued by the City for the subdivision improvements . •b) Developers shall not be permitted to utilize temporary directional signs one (1) year after a Certificate of Completion has been issued by the City for a subdivision or a phase of the subdivision. c) A Developer is limited to a maximum of ten (10) temporary directional signs per each separate subdivision. 2) Builders Builders of residential or commercial buildings located within the City of Ocoee shall be subject to the following additional conditions and limitations : a) Builders are permitted to have a maximum of ten (10) signs per each subdivision. b) Builders shall not be permitted to place signs until a building permit for the construction of the building being directed to has been issued. c) Builders shall not erect signs to buildings after the building has been sold or occupied. 3) Realtors Realtors shall only erect a maximum of three (3) temporary directional signs for each property for which they are the contracted realtor of record, except that realtors who have an exclusive sales agreement in a new subdivision shall be limited to a maximum of ten (10) temporary directional signs for that particular subdivision. 4) Garage Sales An owner of property or tenant who actually resides in a residential dwelling which is his/her legal address shall be permitted to erect a maximum of four (4) temporary directional signs in connection with a garage sale. One 5 sign shall be placed on the property where the actual garage sales is conducted. Actual signs are limited to the signs issued by the City. Signs erected prior to 5 : 00 pm of the day preceding the sale and/or not removed prior to 8 : 00 am of the day after the sale shall be picked up by the City and the owner of the signs billed by the City for the removal of the sign (s) . Fees for cost of sign removal shall be determined by Resolution of the City Commission. 5) Major Special Events Major Special Events are those Special Events that meet the City Code for special events and have been issued a Special Event permit . The number of temporary directional signs for Major Special Events is limited to ten (10) signs . Additional signs may be obtained if requested in writing a minimum of five (5) days prior to the Special Event . The City Manager has the authority to approve or deny additional signs . Any sign not erected as prescribed by this Section and/or erected more than seven (7) days prior to the day of the special event or not removed by 8 : 00 am of the day after the last day of the special event will be picked up by the City and the owner of the sign or permittee shall be billed by the City an amount determined by Resolution of the City Commission. A non- profit fraternal, benevolent, charitable, religious, eleemosynary, philanthropic, altruistic, civic, community, veteran, education organization or other organization of similar nature shall be exempt from payment of temporary directional sign permit fees for Major Special Events . 6) Minor Special Events Minor Special Events are defined as events that do not require the issuance of a City Special Events Permit . The number of temporary directional signs for Minor Special Events is limited to ten (10) signs . Additional signs may be obtained if requested in writing a minimum of five (5) days prior to the special event . The City Manager has the authority to approve or deny additional signs . Any sign not erected as prescribed by this Section and/or erected more than seven (7) days prior to the day of the special event or not removed by 8 : 00 am of the day after the last day of the special event will be picked up by the City and the owner of the sign or permittee may be billed by the City in an amount determined by Resolution of the City Commission. A non-profit fraternal, benevolent, charitable, religious, eleemosynary, philanthropic, altruistic, civic, community, veteran, education organization or other organization of similar nature 6 shall be exempt from payment of temporary directional sign permit fees for Minor Special Events . SECTION 3 . Public Transportation Bench Advertisement. Section 8-8 of Article VIII of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows : § 8-8 Public Transportation Bench Advertisement Advertisement signs attached to the backrest of benches on private or public property shall only be permitted on benches expressly approved by the City Commission for the use, convenience and comfort of public transportation customers . The maximum size of the bench advertising sign shall not exceed two (2) feet by six (6) feet in any dimension. Fees for bench advertising signs placed on the backrest of an approved public transportation sign shall be determined by Resolution of the City Commission. The City may enter into written agreements for the installation of benches, including advertising displayed thereon, within the right-of-way limits of any City, County or State road within the City, except a limited access highway. SECTION 4 . New Homes Guide Signs. Section 8-9 of Article VIII of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows : § 8-9 New Homes Guide Signs A. A new homes guide sign is defined as a permanent structure erected by the City on City road rights-of-way or City owned or controlled property that provides space for signs giving directions to new homes being constructed in the City of Ocoee and individual builder or subdivision names with directional arrows . All references in this Section to a sign or signs refer to new home guide signs . B. The following standards shall apply to new home guide signs : 1) Information presented on new home guide signs shall be limited to the builder' s company name or subdivision name and a directional arrow. 7 2) New homes guide sign structures and individual builder directional signs shall be erected by the City of Ocoee at locations approved by the Development Review Committee. 3) Builders, developers or homeowner organizations desiring to utilize the new homes guide sign structure shall first submit an application for use to the City of Ocoee Building Department . Approval of new homes guide sign locations shall be based upon the public health, safety and welfare and shall consider the proximity and relationship of the proposed New Homes Guide sign to other existing signage . No new homes guide sign shall be approved where such sign constitutes a safety hazard of any kind. 4) Only builders with active construction permits, developers who have obtained a subdivision improvement permit, or homeowners association for platted subdivisions shall be permitted to advertise on the New Homes Guide sign structure. 5) Individual builders, developers and homeowners association subdivision signs shall be issued for a one year period beginning January 1 and ending December 31 . 6) All cost of sign structures and individual signs shall be paid by the advertising builders as determined by the City. 7) The City shall not be held responsible for stolen or damaged signs . All repair cost or replacement cost of structures and/or signs shall be paid by the advertising builder prior to replacement of signs . 8) The City shall not be held responsible for the temporary or permanent removal of new homes guide structures or signs during construction projects in the road rights-of-way or on City owned or controlled property. 9) Sign spaces shall be approved by the Building Official and Planning Director. Any dispute concerning the assignment of sign space shall be determined by the Development Review Committee. 10) New homes guide sign structures and individual sign designs shall be approved by the City Commission upon recommendation of the Development Review Committee. SECTION 5. Off-Premises Directional Signs For Non-Profit 8 Organizations. Section 8-10 of Article VIII of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows : § 8-10 Off-Premises Directional Signs For Non-Profit Organizations A. Anon-profit fraternal, benevolent, charitable religious, eleemosynary, philanthropic, altruistic, civic, community, veteran education organization or other organization of similar nature may apply to the Building and Zoning Official for a permit to request the City to erect up to a maximum of three (3) directional signs on public rights-of-way located within the corporate limits of the City of Ocoee. Such signs shall be only for the purpose of directing attention to the location of the organization located elsewhere than on the premises where the sign is located and shall not be used for advertising purposes . No other signs shall be permitted to be used for this purpose and existing signs shall be removed. B. Applications for off-premises directional signs under this Section shall be submitted in writing to the Building Department and shall contain all pertinent information relating to the applicant, the location of the proposed signs and other information as requested by the City. If the Building and Zoning Official determines that the application is complete and has been submitted by a qualified organization, the application shall be forwarded to the Development Review Committee for review and action. The Development Review Committee shall review the permit application based upon the public health, safety and welfare and shall consider the proximity and relationship of the proposed off-premises directional sign to other existing signage . No application for an off-premises directional sign shall be approved where such sign constitutes a safety hazard of any kind. All approvals or denials shall be in writing on, or accompanied by, one copy of the application. C. If the Development Review Committee approves an application, the Building and Zoning Official shall issue a permit . thereafter, the City will construct or purchase such directional signs and will erect the signs; provided, however, that if any permits or approvals are required by other governmental agencies having jurisdiction over the public rights-of-way in which such signs are proposed to be erected then the applicant shall be responsible to obtain all permits and approvals prior to the erection thereof by the City. All costs and 9 expenses associated with the construction and erection of the directional signs shall be promptly reimbursed to the City by the applicant . D. All off-premises directional signs shall be located within one-half mile of the applicant' s premises . E. The maximum size of an off-premises directional sign shall be eighteen (18) by twenty-four (24) inches . F. The maximum height of an off-premises directional sign shall be ten (10) feet . G. All off-premises directional signs shall be of uniform color with a blue background with white letters of a high intensity reflective material . H. The sign post of all off-premises directional signs shall be of a breakaway design as approved by the Director Public Works . I . All off-premises directional signs for non-profit organizations shall be maintained in good condition. Any such sign damaged by any reason shall be removed by the City and not replaced until all cost of removal, re- furbishing, and erection of the sign has been paid to the City. The cost of removal, re-furbishing and erection shall be determined by the Public Works Director. SECTION 6. Signage in Activity Centers. Section 8-11 of Article VIII of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows : § 8-11 Signage in Activity Centers Signage on individual parcels located within an Activity Center may be restricted as to size, height, location and number, consistent with a coordinated identification system program established for the area. It is the intent of this Section to promote higher quality signage standards within Activity Center Areas than those typically permitted under the Standard Provisions of the Ocoee Land Development Code. SECTION 7 . Landscaping Areas. Section 6-10 .D. (6) of Article VI of Chapter 180 of the Code of Ordinances of the City of 10 Ocoee, Florida, is hereby amended to read as follows (with additions underlined and deletions struck through) : § 6-10 .D. (6) Use of Required Areas Except as provided in Section 6-10 .D. (6) of this Code, Nno accessory structures, garbage or trash collection points or receptacles, parking, or any other functional use contrary to the intent and purpose of this Code shall be permitted in a required landscape area. This does not prohibit the combining of compatible functions such as landscaping and drainage facilities . SECTION 8. Ground or Pole Signs. Section 8-4 .B . (2) of Article VIII of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows (with additions underlined and deletions struck through) : § 8-4 .B. (2) Ground or pole signs - A ground or pole sign shall only be permitted when the lot upon which it is placed has a minimum of 40 linear feet of frontage. No ground or pole sign shall be erected closer than 40 feet to any other ground or pole sign, except where the locations of existing ground or pole signs on adjacent lost would make this requirement impossible to meet . No part of any sign shall extend beyond any right- of-way line nor shall any part of any sign project beyond any building restriction line . Ground and pole signs are not permitted in agricultural districts A-1 and A-2 . The following is the maximum height allowed for ground or pole signs : 11 ZONING DISTRICT HEIGHT P-S 15 C-1 15 C-2 2-5 15 C-3 15 I-1 15 I-2 2-5- 15 SECTION 9. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 10 . Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter" , "section" , "article" , or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. 12 SECTION 11. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1995 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S . Scott Vandergrift, Mayor (SEAL) ADVERTISED October 29 , 1995 AND ADVERTISED Novembmer 16 , 1995 READ FIRST TIME November 7 , 1995 READ SECOND TIME AND ADOPTED , 1995, UNDER AGENDA ITEM NO. . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1995 . FOLEY & LARDNER By: City Attorney A:VSIGN.ORD 111/3/951 DISK 1 MHF:bs 13 NOTICE OF LAND DEVELOPMENT CODE CHANGE I AND NOTICE OF'PUBLIC HEARINGS BY T_H E OCOEE CITY COMMISSION The City Commission of the City of Ocoee proposes to adopt the",:' following Ordinance: ORDINANCE NO. 95-28 • AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO SIGNAGE; CREATING THE FOLLOWING NEW SECTIONS IN • ARTICLE VIII OF CHAPTER 180 OF THE CITY OF OCOEE CODE OF ORDINANCES KNOWN AS THE LAND DEVELOPMENT, CODE: SECTION 8-7 RELATING TO TEMPORARY DIRECTIONAL SIGNS; SECTION 8-8 RELATING TO PUBLIC TRANSPORTATION- BENCH ADVERTISEMENT; SECTION 8-9 RELATING TO NEW HOMES GUIDE SIGNS; SECTION 8-10 RELATING TO. OFF- PREMISES DIRECTIONAL SIGNS FOR NONPROFIT ORGANIZA TIONS; AND SECTION 8-11 RELATING TO SIGNAGE IN ACTIVITY CENTERS: AMENDING SECTION 6-10.D. (6) OF ARTICLE VI OF CHAPTER 180 OF THE CITY OF OCOEE CODE OF ORDINANCES RELATING TO REQUIRED LANDSCAPING;AMENDING SECTION 8-4.B. (2) OF ARTICLE VIII OF CHAPTER 180 OF THE CITY ,OF OCOEE CODE OF ORDINANCES RELATING TO GROUND' OR POLE SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Public hearings on the Ordinance will be held on Tuesday, No- vember 7, 1995, at 7:30 p.m., or as soon thereafter as practical, and Tuesday, November 21 , 1995, at 7:30 p.m. or as soon thereafter as practical, at the Commission Chambers, City Hall, 150 North Lakeshore Drive, Ocoee, Florida. A copy of the proposed Ordinance may be inspected by the public in the office of the Ocoee Planning Department, City Hall, 150 N. Lakeshore Drive, Ocoee, Florida, between the hours of 8:00 a.m. and'5:00 p.m., Monday through Friday, ex- cept legal Holidays.Interest parties may appear at the hearings and be heard with respect to the adoption of the proposed Or- dinance. This notice is given pursuant to Section 166.041 (3)(c), Florida Statutes. Any person who desires to appeal any decision made with re- spect to any matter considered at these public hearings will need a record of the proceedings, and for this purpose, such person may need to ensure that a verbatim record of the pro- ceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities need- ing assistance to participate in any of the proceedings should contact the City Clerk's office 48 hours in advance of the meet- • ing at (407) 656-2322. a ;k: Jean Grafton, City Clerk October 29, 1995 City of Ocoee November 16, 1995 AGENDA 11-7-95 Item VI A 1-5 I MEMORA' ND 'UM t TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Mager DATE: November 2, 1995 SUBJECT: Motorola 800 MHz Radio System with Orange County Attached to this cover memorandum are numerous documents which when completed will set in motion our inclusion into the County wide 800 MHz Radio System. The first document is the Orange County official offer to provide 800 MHz radio capacity to the City of Ocoee, no formal action is required on this document . The second document in your packet is the Interlocal Agreement with Orange County and the other Cities who are currently participating with Orange County and this radio system. This document must be approved as is, since other Cities have already signed like agreements . Thirdly, you will find a large booklet prepared by Motorola that includes the Community Service Agreements, Software Licensing Agreement and Service Contract to be purchased from Motorola by the City of Ocoee. Representatives of Motorola are in the audience and are available for any questions you may have. The next set of documents for your review is a memorandum from Montye Beamer, Administrative Service Director, that spells out the price of the equipment to be purchased and the allocations of the money to particular departments and funds of the City. Attached is also the Lease Purchase Agreement of Riverside National Bank of Florida for the equipment and a resolution authorizing us to enter into contract with this bank. The only document not available for review tonight is an agreement with the City of Maitland to purchase one-third capacity in their Smartzone Manager Server located at the Orange County Community Building. This piece of equipment is necessary to independently reset talk groups on our radio system when needed in emergency situations . This agreement is going to the City Council of Maitland on November 13, 1995, for their approval and subsequently should be on your City Commission Agenda of November 21, 1995 . While it appears that this item shall be approved by Maitland, I should point out that this Smartzone Manager Server is necessary to our system and might require additional funds on the twenty first, if not approved by the Maitland City Council . Finally, it should be pointed out that there maybe antenna requirements in the City of Ocoee based on reception needs in places such as the Mall or other large buildings in the future. These items would be budgeted as necessary from year to year. The City Staff urges the City Commission to pass all these documents so we can be on radio system to guarantee us safe communication for all our employees through out the County for years to come. Respectfully submitted. I1-0I-95 03:49PM FROM MOTOROLA NO. AMERICA TO 6568504 P002/003 Orange 7, CountyTelecommunications r-I Ray Carlson,Radio Systems Supervisor 109 Hast Church Street,Suite 230 Orlando,Florida 3260.3318 September 12, 1995 Telephone(407)836-2834 FAX(407)836-2862 Mr. Ellis Shapiro, City Manager City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761-2258 RE; 800 IIITERLOCAL AGREEMENT Dear Mr. Shapiro: ' Thank you for your response to our Radio Interlocal Agreement request. I apologize for any misunderstanding that may have been relayed to your staff. The interlocal is not a proposed agreement. It is a renewal of an existing agreement with the City of Ocoee. Any changes in this document would affect all other agencies as well and is not practical at this time. I would also like to restate the County's offer to provide 800 system capacity to the City of Ocoee. This would be Simulcast Wide Area coverage, with Smartzone access to Public Safety users, and non-Smartzone capacity to Ocoee local government users. This is the same access the County has offered to other local agencies. The actual capacity needs to be analyzed in future meetings for Public Safety and local government talkgroups. I have received a copy of the Motorola proposal to the City of Ocoee, and have reviewed it in detail. The document appears to be complete. I would like to detail some features that are standard with the products Motorola has listed, but which the County system is not allowing access. We are not allowing selective Private Calling on the Simulcast system to the users. The cities that have purchased their own Intelligent Repeater sites (Maitland and Winter Park) have private call restricted to their respective site, and manage this feature internally. I did not see the inclusion of a System Manager terminal in the cities' proposal. This will restrict your ability to perform many functions. The City will have to arrange, through the Sheriff's communications staff, the method in which these functions can be handled on a routine basis. This includes monitoring emergencies that occur outside of your city talkgroups, but on your radios. 11-01-95 03 491T FROM MOTOROLA NO. AMERICA TO 6568504 P003/003 . a August 31, 1995 Mr. Ellis Shapiro, City Manager 600 Interlocal Agreement Page 2 Aloof without this terminal, Orange County must assign the control authority indicated in the previous paragraph to the Sheriff's Office for emergency operations. In the event a radio is lost or stolen, it can be turned off to prevent unauthorized access. My staff will assist your Program Manager with the initial information necessary to administer your radio programming. This will include supplying programming codes for your radios. Motorola will provide the required hardware, software, and labor support as detailed in your contract. We are available to assist your staff in any manner you desire. Please call either Renee French or myself any time at 836-2834. pcer6A RaC arison Radio Services Supervisor c: Mike Walker, Manager, Telecommunications Department Renee French, Radio Services Applications Specialist, Telecommunications Department Captain G.W. Miner, Communications Supervisor, Sheriff's Office Captain Don Thode, Research and Development, Sheriff's Office AGENDA 11-7-95 Orange Item VIA 1 3 County Telecommunications Department Ray Carlson,Radio Services Supervisor 109 East Church Street,Suite 230 Orlando, Florida 32801-3318 Telephone(407)836-2834 FAX(407)836-2862 May 8, 1995 All RSS Managers on the Operational Assistance Agreement RE: 800 MGHZ Trunked System Agreement Enclosed are originals of the above captioned agreement which reflect the changes made in our meeting on April 18, 1995. The added language to Section VIII of the agreement clarifies that each signatory becomes a full participant in the agreement as to all other signing parties even though that party signs a signature page which has only Orange County's name on it. Further, each signing party joins only with those parties who have already signed and will sign in the future. Consequently, if Seminole County does not sign this version of the agreement, none of the parties who sign this agreement are obliged to cooperate with Seminole County (and vice-versa) . Please submit this document to your officials and return two executed copies to Orange County. Please do,not hesitate to call either myself or Renee French if you need further assistance in this matter. Sincerely, Ray Carlson Radio Services Supervisor OPERATIONAL ASSISTANCE AGREEMENT WITNESSETH WHEREAS, it is the intent of this agreement that the existing and continuing possibility of major law enforcement, fire and medical problems and intensive situations, especially those that cross jurisdictional lines, require the preparation of law enforcement and fire department resources adequate to deal with such activity, protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS, the law enforcement agencies of the subscribed jurisdictions are so located that it is to the mutual advantage of each to receive and extend Mutual Aid in the form of law enforcement and/or fire department services during intensive situations including emergencies under Section 252 .34(2) , Florida Statutes; and pursuant to Chapter 163 , Florida Statutes; and WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY and the BOARD OF COMMISSIONERS OF OSCEOLA COUNTY and the BOARD OF COMMISSIONERS OF SEMINOLE COUNTY and the CITY OF ORLANDO and the CITY OF APOPKA and the CITY OF WINTER GARDEN and the CITY OF OCOEE and the BOARD OF SUPERVISORS of THE REEDY CREEK IMPROVEMENT DISTRICT and the CITY OF WINTER PARK and the CITY OF MAITLAND have the authority under Part I of Chapter 23 , Florida Statutes, the Florida Mutual Aid Act, to enter into this Operational Assistance Agreement for the request and rendition of assistance in law enforcement emergencies : NOW THEREFORE, BE IT KNOWN that the subscribers hereby approve and enter into this agreement whereby each of the agencies may request and render communication assistance to the other in such law enforcement intensive situations, including emergencies under Chapter 252.34(2) , Florida Statutes, including but not limited to the sharing of radio system control codes and ID numbers (hereinafter referred to as RSS Software as indicated in Section IIIEA] ) with the other respective agencies to allow for radio communications as indicated in Section I and II : SECTION I : In the event that a party to this agreement is in need of assistance as set forth above, it shall provide the following resources, and services to each and every other party to the agreement when requested to by any other party; provided however, that no party shall be required to deplete unreasonably its own resources and services in furnishing such resources . SECTIAN II : Radio Systems Interoperability. The ability of Motorola Communications and Engineering Inc. produced 800-821 Mhz trunked radios systems to mutually communicate depends entirely on the proper RSS software codes being placed into the required radios . It is not possible to transport these radios to each party subscribing this documents in order to have the correct RSS software installed as required. It is the purpose of this agreement to allow each party to share the required RSS -2- software with the software of the other parties to this agreement in accordance with controls and security systems listed below. SECTION III : Each party permitting other parties access to its radio system shall provide the following : A. A valid copy of that party' s Radio Service Software code keys, hereafter referred to as the RSS code key. B. Sufficient ID numbers to handle the expected programming needs of the other party, but not to deplete that party' s resources . C. A. detailed list of the radio talkgroup numbers to which the other respective party will be allowed access . D. A list of each party' s RSS manager or other person(s) that are permitted to add, delete, or modify the radio talkgroup, and/or RSS software for that party. SECTION IV: Each party that receives access to another party' s radio system RSS code keys shall provide the following: A. Written security to prevent the RSS code keys provided p by other parties from leaving the physical or electronic control of the RSS manager or other permitted person(s) . B. Provide a list to the other affected party, when ID numbers from that party are placed into service, which shall include the following: 1. The electronic ID number used. 2 . The unit name, call sign, or aliases and job functions that is normally used to identify that unit . -3- 3 . The serial number of the equipment in which the number(s) were installed. C. Said list is to be transmitted by fax prior to 24 clock hours of the ID number(s) being placed into service. If the numbers placed into service may be used in emergency service within the 24 hour period, a telephone contact shall be made to the affected party, with the fax transmittal occurring within 24 hours. SECTION V: Each party involved in the sharing of RSS software shall not allow the programming into that party' s radio units', ID numbers or talkgroups that are not permitted by the controlling party of the RSS code key. SECTION VI : Each party shall immediately remove any affected ID or talkgroup numbers from any equipment under its control upon notification by the RSS controlling party. SECTION VII : Nothing in this agreement is intended or is construed as any transfer or contracting away of the powers or functions of one party to the other. • SECTION VIII : This agreement shall be in effect from the date of signing by each respective party. Orange County shall be the custodian of a complete set of original executed copies of this agreement. Each signatory, for reasons of administrative convenience, shall execute its acceptance of the terms and conditions of this agreement by executing a signature page which bears only the signature of Orange County and the respective signatory party. However, -4- each respective signatory understands and acknowledges that it becomes obligated hereunder to every other signatory party by virtue of its execution of this agreement. SECTION IX: Any party may withdraw from this agreement upon written notice to all other parties : IN WITNESS WHEREOF, the agencies hereto cause the duly authorized signatures to be affixed. ORANGE COUNTY, FLORIDA BY: County Chairman DATE: ATTEST: Martha 0. Haynie, County Comptroller As Clerk of the Board of County Commissioners BY: Deputy Clerk THE CITY OF OCOEE BY: DATE: ATTEST: s TITLE: BY: FOR THE USE AND RELIANCE OF O GE COUNTY ONLY. A "OVED •S TO FORM 2 - . 19yr Deputy Cou tyeAttorney JAG709 (mrg w/743) 04/19/95 -5- RADIO W AV ES May 1995 By Dennis Snyder Issue 4 Pardon the delay with this issue of Radio Waves. It only happens when a mobile is within about a mile of a has been in the works for quite some time now, but here is an transmit site. update on what has been going on with the new Headquarters and Communications building,the new radio system, the new WHAT'S THAT NOISE? computer system,etc. We are experiencing some unusual interference that A MOVING EXPERIENCE! sets into the system only while a unit is talking. When the unit unkeys, the talkgroup hangs up. Identifying this type of It finally happened,starting November 4th OCFRD interference is difficult, engineers must be at just the right personnel from Headquarters, Training, Fire Loss place at the right time. After many weeks, malfunctioning Management, Communications Admin, and The Office of bi-directional amplifiers in southwest Orange County were Emergency Management moved into the new 59,000 sq. ft. located and corrected. Other interference sources are still two-story building at 6590 Amory Ct, Winter Park 32792. causing an occasional problem and are being investigated. The move went very smoothly for the most part. Commander Don Payne and a staff of Plans Review "H000000nk, ..Chirp," ...sound familiar? Complex personnel are remaining at the Boyle Building at 320 E. South timing problems in the system sometimes prevents the radios St. to maintain close touch with the development community. from receiving the voice channel assigment the controller They recently moved into a smaller section of that building. sends. (This is called a "missed channel grant.") What happens is dispatchers receive the unit ID display on the console,but no voice. The"Honk"and"Chirp"are related to Dispatch operations are still remaining at the old communications center awaiting the completion of the this problem, this is not a inky signal. While the "Honk" means don't talk, the"Chirp"means you may now talk computer aided dispatch system. Training on the new computer system will start around mid-summer. Motorola has a team of engineers working on the problems and thanks you for you patience during all of the MAKE THAT 300 RADIOS TO GO! adjustments. Two other similar systems, Commonwealth- Edison Utilities in New York and the City of Portland, Oregon Beginning last November 2nd almost 300 Motorola are experiencing some of the same problems. MTS 2000 II portable radios were issued to units and personnel over several weeks. OCSO TRANSITIONS A big thanks to C Shift's Assistant Chief Barrett, Tne Sheriffs Office made the transition to the new Battalion Chiefs Ledford, Belbeck, Schnell, Williams, and radio system over several weeks between January and King who loaded their vehicles to the max with dozens of new February. Eventually there will be a fifth sector,but at present radios, chargers, extra batteries, etc and delivered them to the the OCSO is still operating with four sectors. stations. Later the same day the old equipment was turned in. Thanks to everyone who helped make the changeover go so smoothly! OCFRD RADIO MATRIX s S M A R T Z O N E ARRIVES ! With 160 talk groups in the radio it is easy to get lost. Below is your very own mineature matrix, suitable for The 0730 radio announcement you hear each laminating if you desire. Zones 1 thru 5 are shown below and zones 6 thru 10 are on the next page. You may cut-out the morning packed a different punch on December 6, 1994 when the big switch was thrown changing OCFRD from 5 matrix to keep for quick reference. conventional radio tacs to 15 trunked FD tacs and radio communications capability with dozens of other agencies in OCFR RADIO MATRIX ZONE 1-5 and out of the county. To help make this change easier ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 dispatchers are announcing the FD tac to select for each call. 1. FD 1 17.ORMC 1 33.ORL 1 49.SECT 1 65.SEM DISP 2. FD 2 18.ORMC 2 34.ORL 2 50.TACT 1 66.SEM UNIT We have experienced some brief Failsofts caused by 3. FD 3 19.SLH 35.ORL 3 51.SPEC 1 67.SEM 1 mobiles being shut off at ignition or batte y switches. This is 4. FD 4 20.FL ORL 36.ORL 4 52.SECT 2 68.SEM 2 5. FD 5 21.FL EST 37.GOAFD 53.TACT 2 69.SEM 3 why mobiles should be shut off at their power switch. A 6. FD 6 22.FL APO 38.APOF 1 54. SPEC 2 70.SEM ICS 1 sudden power loss may cause a mobile to malfunction and 7. FD 7 23.FL KIS 39.APOF 2 55.SECT 3 71.SEM ICS 2 transmit at a very low level. This causes the system to keep 8. FD 8 24.COL PK 40.APOF 3 56.TACT 3 72.CEN FL changing control channels until it finally goes into Failsoft and 9. FD 9 25.HLTH CN 41.APOF 4 57. SPEC 3 73.S.SEM resets. A software change to the controller has stopped most 10.FD 10 26.PRINC 42.WGFD 1 58.SECT 4 74.FL ALT of these Failsofts. Motorola is trying to determine what modification FD 11 27.WPMH 43.WGFD 2 59.TACT 4 75.WPMH SC modification to the mobiles will resolve the problem. This 12.FD 12 28.AIR CARE 44.WPFD 1 60.SPEC 4 76. 13.FD 13 29. 45.WPFD 2 61.SECT 5 77. 14. 30. 46.WPFD 3 62.TACT 5 78. 15.FD 15 31.MEDDIR 47.WPFD 4 63.SPEC 5 79. 16.NAT 4 32.NAT 4 48.NAT 4 64.NAT 4 S0.NAT 4 AGENDA 11-7-95 Item VIA 5 MEMORANDUM DATE: October 30, 1995 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director/)1., Administrative Services ((// SUBJECT: Lease/Purchase of Motorola 800 MHz Radio System Resolution 95- 22 In the FY96 Budget, the City Commission approved the lease/purchase of the Motorola 800MHz Radio System. The total cost of the system including the purchase of one-third of Maitland's Smartzone Manager Server Capacity and five-year maintenance on all equipment save for the Maitland purchase is $720,739. By Department and/or Fund this cost has been allocated by the amount of required equipment and is distributed as followed: General Fund Allocation in Dollars ($) City Manager 4,517.19 Police Department 481,073.74 Public Works 8,123.70 PPTD 66,221.21 Recreation 13,684.87 Facilities Maintenance 11,307.61 Protective Inspections 26,662.98 Administrative Services (City Hall) 3,051.31 Total General Fund $614,642.61 Water Fund $35,743.67 Wastewater Fund $35,743.66 Solid Waste Fund $31,596.00 Stormwater Fund $3,013.06 The$111,338.00 Police Impact Fees from the West Oaks Mall will be utilized in the payment of the first year of debt service. Water, Wastewater and Stormwater Funds will be paid in full with their budgeted amounts plus transfer from the respective contingencies. :.;:.;:.::;:.::.;:.;;;;>;:.:;.::.::.;:.;:.;:.;:.;:.;::.:. ..........fit. �d..................................................... Water $35,743.67 $27,600.00 $8,143.67 Wastewater $35,743.67 $27,600.00 $8,143.67 Stormwater $3,013.06 $2,200.00 $813.06 The Solid Waste Fund will make its full payment in FY97. During the initial discussions with Motorola, the City requested Motorola as well as Riverside National Bank and Commercial and Municipal Capital, Inc. to supply financing quotes. Riverside National Bank's interest rate and payment structure was the best. Since several pricing iterations were required before the listing of all the necessary equipment was completed, Riverside was chosen and continued giving updated amortization schedules. The terms and conditions for the final equipment list including the one-third Maitland Server purchase are five years at an effective annual rate of 5.828% with quarterly payments in advance of$41,089.37. The City Attorney has reviewed and approved these leasing documents. Staff recommends that the Mayor and Board of City Commissioners: (1) approve the transfers from Water Contingency ($8,143.67), Wastewater Contingency ($8,143.67) and Stormwater Contingency ($813.06) to the respective Capital line items for the purchase in full of their equipment; (2) accept the lease with Riverside National Bank with the terms being five years at an effective annual rate of 5.828% and quarterly payments in advance of$41,089.37; (3) approve Resolution 95-22; and (4) authorize the Mayor and City Clerk to execute all the necessary documents. MEB/jbw RESOLUTION NO. 95-22 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA APPROVING A LEASE AGREEMENT WITH RIVERSIDE NATIONAL BANK OF FLORIDA AND DESIGNATING IT AS A QUALIFIED TAX-EXEMPT OBLIGATION RESOLVED, that this City enter into a certain Lease Agreement with RIVERSIDE NATIONAL BANK OF FLORIDA (hereinafter called "Lessor") for a Motorola 800 MHZ Trunked Radio System in substantially the form attached hereto and by this reference made a part hereof (the "Equipment Lease") and that this City lease equipment from Lessor pursuant to the terms of such Equipment Lease; and that the Mayor and the City Clerk of this City be and hereby are authorized and directed in the name and on behalf of this City to execute the Equipment Lease with Lessor in substantially the form presented at this meeting, with such changes therein and additions thereto as shall be approved by such officers who execute the same, and such execution shall be conclusive evidence that each such document so executed has been authorized and approved by this vote. FURTHER RESOLVED, that the City Commission of the City of Ocoee, Florida finds that a true and very real need exists for the acquisition of the Equipment described in the Equipment Lease and that such acquisition is in the best interests of the City of Ocoee. FURTHER RESOLVED, that the City Commission of the City of Ocoee, Florida finds that the City of Ocoee has taken the necessary steps, including compliance with any applicable legal bidding requirements, under applicable law to arrange for the acquisition of such equipment. FURTHER RESOLVED, that the obligations of the City under the Equipment Lease be hereby designated, pursuant to Section 265 (b) (3) (D) of the Internal Revenue Code of 1986, as amended (hereinafter called the "Code") , as comprising a portion of the $10, 000, 000 . 00 in aggregate issues which may be designated as "Qualified Tax-Exempt Obligations" eligible for the exception to the general rule of the Code which provides for a total disallowance of a deduction for interest expense allocable to the carrying of tax-exempt obligations. FURTHER RESOLVED, that the Mayor and the City Clerk of this City be and hereby are authorized to execute and deliver such other instruments and take such other actions as they shall deem necessary and desirable for the purpose of carrying out these resolutions and consummating the transactions contemplated by the Equipment Lease. FURTHER RESOLVED, that the foregoing resolutions shall remain in full force and effect until written notice of their amendment or rescission shall have been received by Lessor and that receipt of such notice shall not affect any action taken by Lessor prior thereto. FURTHER RESOLVED, that the Clerk of this City be and hereby is authorized and directed to certify to the Lessor the foregoing resolutions and that the provisions thereof are in conformity with the charter of this City. ADOPTED this day of November, 1995 . ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S . Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of November, 1995 . FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A METING HELD ON THE DATE INDICATED ABOVE UNDER AGENDA ITEM NO. By: City Attorney C:\WP51\DOCSOCOEE\RESOLUTE.22 10/31M I 18W015IDPBdp LEASE AGREEMENT This Lease Agreement is entered into as of this day of , 1995 (hereinafter referred to as "Agreement") by and between Riverside National Bank of Florida (Hereinafter referred to as "Lessor") and City of Ocoee,a governmental entity and political subdivision of the State of Florida(Hereinafter referred to as"Lessee"). WITNESSETH: In consideration of the mutual covenants and conditions hereinafter set forth, the parties agree as follows: 1. TERM AND PAYMENTS: ACCEPTANCE OF PROPERTY: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, the property parts, substitutions, proceeds, increases, additions, accessions, repairs and accessories incorporated therein or affixed thereto, (hereinafter referred to as the"Property")for the amounts to be paid in the installments and on the dates set forth on each Exhibit B hereto. The term of the lease hereunder as to the Property shall commence on the Lease Commencement Date set out on each Exhibit C hereto and shall continue for the Lease Term set out on each Exhibit B hereto (the "Term"), unless earlier terminated as provided herein. Each set of exhibits shall constitute a separate scheduling of equipment and shall have their own commencement date, term and amortization schedule. Lessee agrees to make payments hereunder to Lessor, or its successors or assigns, as directed thereby, at such place as Lessor, or its successors and assigns, may from time to time hereafter designate in writing; PROVIDED, HOWEVER, THAT NEITHER THE LESSEE, OR ANY POLITICAL SUBDIVISION THEREOF SHALL BE OBLIGATED TO PAY ANY SUMS DUE TO LESSOR HEREUNDER FROM AD VALOREM TAXES. The rental payments hereunder shall be absolute and unconditional without abatement,set-off or counterclaim. The Property identified in each Exhibit A shall be purchased from such vendors as are selected by Lessee; provided, however that upon execution hereof Lessee shall thereby represent and warrant the Lessor that Lessee has executed a binding obligation to purchase the Property. Such Property shall be delivered to the Lessee with title to be made in the name of and delivered to the Lessee free and clear of all liens and encumbrances or interests of any party therein except the interest of the Lessee and Lessor hereunder. The Lessee shall at all times keep the property free of any liens or encumbrances. Lessor shall not pay any moneys to the vendor or the Lessee for payment to the vendor until Lessee certifies to the Lessor that Lessee has accepted the Property hereunder, which certification shall be substantially in the form of Exhibit C hereto, which exhibit is incorporated herein by reference. TITLE TO THE PROPERTY SHALL BE VESTED IN THE LESSEE UPON LESSEE'S ACCEPTANCE OF THE PROPERTY. 2. NEW TAXES,OTHER GOVERNMENTAL CHARGES AND UTILITY CHARGES: Lessee and Lessor contemplate that the property will be used for a governmental purpose of Lessee and, therefore, that the Property will be exempt from all taxes presently assessed and levied with respect to personal property. In the event that the use, possession or acquisition of the equipment is found to be subject to taxation in any form (except for income taxes of Lessor), Lessee will pay, as the same respectively come due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Property and any equipment or other property acquired by modification, improvement or addition to the property, as well as all gas,water, steam, electricity, heat, power, telephone, use, occupancy and upkeep of the Equipment;provided that,with respect to any governmental charges that may lawfully be assessed, Lessee shall be obligated to pay only such charges as have been assessed during the time this Agreement is in effect. Lessee may contest any such charges prior to payment with due diligence and by appropriate proceedings, provided such contest does not involve any adverse risk to Lessor's interest hereunder. 3. LESSEE'S COVENANTS AND REPRESENTATIONS: Lessee covenants and represents as follows: (a) Lessee is a governmental entity and political Subdivision of the State of Florida, and has the full power and authority to enter into this Agreement and has taken all appropriate steps to authorize the acquisition of the Property pursuant to this Agreement and upon execution hereof by Lessee this Agreement shall constitute a legal, valid and binding obligation of Lessee,enforceable in accordance with its terms. (b) All payments hereunder have been, and will be duly authorized and paid when due, except as provided in Paragraph 11,out of funds then on hand and legally available for such purpose.Lessee will, to the extent permitted by State law and other terms and conditions of this Agreement, include in its budget request for each successive fiscal period during the Term of this Agreement a sufficient amount to permit Lessee to discharge all its obligations hereunder and Lessee has budgeted and made available for the current fiscal period sufficient funds to comply with its obligations hereunder. (c) There are no pending or threatened lawsuits or administrative or other proceedings contesting the authority for, authorization or performance of,or the expenditure of funds pursuant to this Agreement. (d) Information supplied and statements made by Lessee to Lessor in any financial statement or current budget prior to or contemporaneously with this Agreement are true and correct. (e) Lessee has an immediate need for,and expects to make immediate use of, substantially all the Property, which need is not temporary or expected to diminish in the foreseeable future, and Lessee will not give priority or parity in the appropriation of funds to the acquisition or use of any substitute property for purposes or functions similar to the Property's or for the procurement of services from a third party which services are substitute for the utilization of the Property by the Lessee. (f) There are no circumstances presently affecting the Lessee that could reasonably by expected to alter its foreseeable need for the property or adversely affect its ability or willingness to budget funds for the payment of sums due hereunder. (g) Lessee's right to terminate this Agreement as specified in Paragraph 11 hereof was not an independently bargained for consideration, but was concluded solely for purpose of complying with the requirements of the laws of the State in which Lessee is located. (h) Lessee has on hand and legally available funds from resources other than ad valorem taxes sufficient to make all payments due under this Agreement during the current fiscal year of Lessee. (I) The Lessee has reviewed its projected revenues and its expenses and reasonably expects that it shall have on hand and legally available funds from sources other than ad valorem taxes sufficient so to timely make all payments as they become due under this Agreement during the Term thereof. 4. USE AND LICENSES: Lessee shall pay and discharge all operating expenses and shall cause the Property to be operated by competent persons. Only Lessee shall use the Property only for its proper purpose and will not install, use, operate or maintain the Property improperly carelessly, or in violation of any applicable law, ordinance, rule or regulation of governmental authority or in violation of any policy of insurance required pursuant to Paragraph 8 hereof, or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. Lessee shall keep the Property at the location stated on the Certificate of Acceptance executed by Lessee upon delivery of the Property, until Lessor, in writing, permits its removal, and the Property shall be used solely in the conduct of the Lessee's operations. Lessee shall obtain, at its expense, all registrations, permits, and licenses, if any, required by law for the installation and operation of the Property. If a certificate of title is issuable with respect to the Property, it shall be delivered to the Lessee showing title to be in the Lessee. 5. MAINTENANCE: Lessor shall not be obligated to make any repairs or replacements to the Property. At its own expense, Lessee shall service, repair and maintain the Property in as good condition, repair, appearance and working order as when delivered to Lessee hereunder, ordinary wear and tear from proper use alone excepted, and shall replace any and all parts thereof which may from time to time become worn out, lost, stolen, destroyed or damaged beyond repair or rendered unfit for intended use, for any reason whatsoever, all of which replacements shall be free and clear of all liens, encumbrances and claims of others, and shall become part of this Property and subject to this Agreement. Lessor may at its option, discharge such costs, expenses and insurance premiums necessary for the repair, maintenance, and preservation of the Property and all sums so expended shall be due from Lessee in addition to rental payments hereunder. 6. ALTERATIONS: (a) Lessee may, at its own expense, install or replace in or on, or attach or affix to, the Property, such equipment or accessories as may be necessary or convenient to use the Property for its•intended purposes provided that such equipment or accessories do not impair the value or utility of the Property. In the event that Lessee voluntarily relinquishes possession of the Property to the Lessor in accordance with the terms hereof, all such equipment or accessories shall be removed by Lessee (and any damage to the Property resulting from such removal, repaired at Lessee's expense.) Any such equipment or accessories not removed shall become the Property of Lessor. (b) Without the written consent of Lessor, except as permitted in paragraph 6 (a) above, Lessee shall not make any other alterations, modifications or improvements hereunder. Any other alterations, modifications or improvements to the Property shall immediately become part of the Property, subject to the provisions hereof. Without the prior written consent of Lessor, Lessee shall not affix or attach any of the Property to any real property or allow it to permanently rest upon any real property or any improvement thereon. 7. DAMAGE TO OR DESTRUCTION OF PROPERTY: Lessee shall bear the entire risk of loss, damage, theft, or destruction of the Property from any and every cause whatsoever and no loss, damage, theft, or destruction of the Property from any and every cause whatsoever and no loss, damage, destruction or other event shall release Lessee from the obligation to pay the full amount of the rental payments or from any other obligation under this Agreement. (a) In the event that all or any part of the property is lost, stolen, destroyed or damaged beyond repair, Lessee shall replace the same with like Property in good repair or like value at Lessee's sole cost and expense as soon thereafter as possible, but in no event later than 60 days after such occurrence, and any such replacement shall become subject to this agreement. Insurance proceeds received by Lessor with respect to any such casualty shall be paid to Lessee if such property is replaced by Lessee as required hereunder. 8. INSURANCE: Lessee shall, for the term of this Agreement, at its own expense, maintain comprehensive liability insurance with respect to the Property insuring against such risks and in such amounts as are customary of lessees of property of a character similar to the Property. In addition, Lessee shall, for the term of this Agreement, at its own expense, maintain casualty insurance with respect to the Property insuring customary risks with coverage at all times not less than the remaining Principal Balance determined as of the end of Lessee's preceding fiscal year. All insurance policies shall be with insurers authorized to do business in the state where the Property is located and shall name both Lessor and Lessee as insured as their respective interest may appear. Insurance proceeds from casualty losses shall be applied to either(a)the replacement, repair or restoration of the Property or, (b)payment of Balance Due Lessor (as defined hereafter).Lessee shall, upon request, deliver to Lessor evidence of the required coverage's together with premium receipts covering employees working on, in or about the Property. In the event Lessee fails, for any reason, to comply with the requirement of this Paragraph, to the extent permitted by law, Lessee shall indemnify and save harmless, and, at Lessee's sole expense, defend Lessor and its agents, employees, officers and directors and the Property against all risk of loss not covered by insurance. 9. INDEMNIFICATION: Subject to the recovery limits, as set forth in Chapter 768, Florida Statutes, Lessee shall indemnify and save harmless Lessor and its agents, employees, officers, and directors from and at Lessee's expense defend Lessor and its agents, employees, officers and directors against all liability, obligations, loss, damages, penalties, claims, actions, costs and expenses (including but not limited to reasonable Attorney's fees) of whatsoever kind or nature which in any relate to or arise out of Lessee's obligation in this Agreement or the ownership, rental, possession, operation, condition, sale or return of the Property. All amounts which become due from Lessee under this Paragraph 9 shall be credited with any amounts received by the Lessor from insurance provided by the Lessee and shall be payable by the Lessee within thirty(30)days following demand therefor by Lessor and Lessee's obligations under this Paragraph 9 shall survive the termination or expiration of this agreement. 10. NO REPRESENTATION OR WARRANTIES BY LESSOR: The Lessee acknowledges that Lessee has selected the Property leased hereunder prior to having requested the Lessor the purchase the same for leasing to the Lessee, and Lessee agrees that the Lessor has made and makes no representations or warranties of any kind or nature, directly or indirectly, express or implied as to any matter whatsoever, including the suitability of such Property, its durability, its fitness for any particular purpose, its merchantability, its condition, capacity and/or its quality, and as between Lessee and Lessor's assignees, Lessee leases the Property "as is"and"with all faults" as between Lessor and Lessee. Lessor and Lessor's assignee shall be liable to Lessee for any loss, damage, or expense of any kind or nature caused directly or indirectly by any adjustment thereto, or by an interruption of service or loss of use thereof, or for any loss of business or damage whatsoever or,for consequential or any incidental damages howsoever caused. Lessor makes no representation or warranty express or implied as to the Property, its fitness for any particular purpose, its merchantability or any other matter, nor shall any such representation or warranty by the Seller to the Lessee be binding on the Lessor nor shall any such breach relieve Lessee of or in any way reduce any of the Lessee's obligations to Lessor as set forth herein. This disclaimer of representations and warranties and limitations of liability shall apply with equal force and effect to any claims of any third party against Lessor or Lessor's assignee. If the Property is not properly installed, does not operate as represented or warranted by Seller or is unsatisfactory for any reason, Lessee shall make any claim or account thereof solely against the Seller and shall nevertheless pay Lessor all rent payable under this Agreement. Lessor hereby assigns to Lessee, solely for the purpose of making and prosecuting any such claim, any rights it may have against the Seller for breach of warranty or representation respecting the Property. Lessee understands and agrees that neither the Seller nor any agent of the Seller is an agent of Lessor and that neither the Seller nor its agent is authorized to waive or alter any term or condition of this lease. 11. TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS: Lessee is a bona fide governmental entity of the State of Florida with Lessee's fiscal year ending on September 30 of each calendar year. If Lessee does not appropriate sufficient funds to continue making the payments required under this Agreement for any of Lessee's fiscal years subsequent to the one in which the Agreement is executed and entered into, then this Agreement shall be terminated effective upon expiration of the fiscal year in which sufficient funds to continue satisfaction of Lessee's obligation under this Agreement were last appropriated by Lessee ("Termination Date") and Lessee shall not, in this sole event, be obligated to make any further rental payments due beyond said fiscal year. Lessee warrants that the necessary funds have been appropriated for the Property for Lessee's fiscal year during which the execution by Lessee of this Agreement occurred. Lessee shall give Lessor inunediate notice of Lessee's intent to terminate this Agreement under this Section 11 which notice shall contain the termination date, (which shall be the end of the last of Lessee's fiscal year for which appropriation for the Property were made) and shall advise the Lessor of the location or locations where the Property may be found on the Termination Date. In the event of an early termination of this Agreement under this section, all obligations of the Lessee to make rental payments which would otherwise be due hereunder after the Termination Date shall cease and the Termination Date shall cease and the Termination procedure (see Section 13 hereof entitled"Termination") shall apply to the Property as to which this Agreement is terminated. In the event that the Lessee voluntarily relinquishes possession of the Property to Lessor, Lessor shall pick up the Property,at Lessee's expense,at the location or locations designated by the Lessee and the Lessee agrees to permit Lessor access to the Property and to cooperate with Lessor in the removal of the Property in accordance with and subject to the limitations set forth in Section 13 hereof. However, Lessee agrees: (i) not to terminate this Agreement under this Section 11 if any funds are appropriated to it for the fiscal year next succeeding the fiscal year of termination, for either(a) the acquisition (by purchase or lease) of other functionally similar equipment or (b) the procurement of services from a third party, which services are functionally similar to the utilization of the Property by the Lessee, and (ii) to expressly to include in the Lessee's proposed budget appropriation the total of payments due under this Agreement. 12. DEFAULT AND LESSOR'S REMEDIES: (a) The occurrence of one or more of the following events shall constitute an Event of Default, whether occurring voluntarily or involuntarily, by operation of law pursuant to any order of any court or governmental agency. 1) Lessee's failure to make any payment hereunder when due, except as set forth in Paragraph 11; (2) Lessee's failure to comply with any other covenant condition or agreement of Lessee hereunder for a period of ten(10)days after notice in writing thereof; (3) Any representation or warranty made by Lessee hereunder shall be untrue in any material respect as of the date made; (4) Lessee becomes insolvent or admits in writing its inability to pay its debts as they mature or applies for, consents to, or acquiesces in the appointment of a trustee, receiver or a custodian is appointed for Lessee or a substantial part of its property and is not discharged within sixty (60) days; or any bankruptcy or insolvent law,or any dissolution or liquidation proceeding,is instituted by or against Lessee and, if instituted against Lessee is consented to or acquiesced in by Lessee or is not dismissed within sixty(60)days. (b) Upon the occurrence of any Event of Default specified herein Lessor may in its sole discretion exercise any or all of the following remedies: (1) Enforce this Agreement by instituting an action in a court of competent jurisdiction to recover as a general claim against Lessee, Lessor's compensatory damages resulting from Lessee's default. Lessor agrees that it shall not have a right to seek any remedy of specific performance nor shall Lessor have any "self-help" right to take possession of the Property absent Lessee's voluntary surrender thereof. (2) Terminate this Agreement, in which event, upon demand by Lessor the following procedure (the "remedy procedures")shall apply: (a) LESSEE RIGHT OF DISPOSITION. Lessee shall (i) immediately cease any use of the Property and cause the Property to be stored in an appropriate place, and (ii) dispose of the Property within sixty (60) days from receipt of such written demand for an amount which shall approximate the equipment's "Fair Market Value" (as defined hereafter) as determined by a qualified appraiser. The proceeds from the sale of the Property shall be forwarded directly to Lessor and applied to Balance Due Lessor. If the proceeds are less than the Balance Due Lessor, the Lessee shall pay the deficiency to Lessor. If the proceeds exceed Balance Due Lessor,Lessee shall keep the overage. (b) DELIVERY TO LESSOR: If Lessor fails or refuses to dispose of the Property within that sixty(60) day period, the Lessee shall, at its expense, cause possession of the Property together with all documents necessary to transfer legal and beneficial title thereto and possession thereof to Lessor and to evidence the termination of all of Lessee's interest in the Property to be delivered at Lessor's direction consistent with the terms hereof. Lessor may then dispose of Property and the proceeds from the sale of the Property shall be applied to the Balance Due Lessor. If the proceeds are less than the Balance Due Lessor, the Lessee shall pay the deficiency to Lessor. If the proceeds exceed the Balance Due Lessor, then Lessor shall pay such overage to Lessee. The term "Balance Due Lessor" shall mean the sum of all payments remaining due for the entire term of this Agreement. (c) Notwithstanding a return of the Property to the Lessor hereunder, Lessee shall remain liable to Lessor for any damages caused Lessor as a result of any breach of the provisions of this Agreement relating to matters other than rent payments; provided however, that Lessor may recover any such amounts only from general revenues of Lessee which does not arise from ad valorem taxes and are otherwise legally available therefor,to the extent available. 13. TERMINATION PROCEDURE: Lessee shall, upon any termination hereof pursuant to Paragraph 11 hereof, or if Lessee is voluntarily relinquishing the Property to Lessor, deliver the Property to Lessor unencumbered and in at least as good condition and repair as when delivered to Lessee, ordinary wear and tear resulting from proper use alone excepted, by loading the Property, at Lessee's sole expense, on such carrier, or delivering the Property to such location, as Lessor shall provide or designate at or within a reasonable distance from the general location of the Property. If Lessee fails to deliver the Property to Lessor, as provided in this Paragraph 13, on or before the date of termination of this Agreement, Lessee shall pay to Lessor upon demand, for the period from the date of termination of this Agreement to the date Lessor either obtains possession of the Property or collects the Balance Due Lessor, interest on the Balance Due Lessor in accordance with Paragraph 19 hereof. In the event Lessor is entitled under the provisions of this Agreement to obtain possession of the Property due to a voluntary relinquishment thereof by Lessee,Lessee agrees to (i)fully cooperate with Lessor in all respects in effecting a timely and orderly redelivery of the Property to Lessor, (ii) at Lessee's expense to assemble and appropriately package the Property for shipment and to make the Property so assembled and packaged available at one or more locations within the State of Florida, arranging with Lessor a convenient time for Lessor's pick up of that Property; and(iii)execute and deliver to Lessor, or at Lessor's directions, all documents necessary to transfer legal and beneficial title to the Property and possession thereof to Lessor and to evidence the termination of all of Lessee's interest in the Property. 14. ASSIGNMENT AND SUBLEASE: (a) Without the prior written consent of Lessor,Lessee shall not(i)assign,transfer,pledge or hypothecate or otherwise dispose of this Agreement, the Property, or any part thereof or interest therein, (ii) sublet the Property or any part thereof,or(iii)permit the Property to be used for any purpose not permitted by Paragraph 4 hereof. (b) Lessor shall be entitled with or without notice to, or the consent of, Lessee to sell, assign or transfer all or any part of its right, title or interest in, to and under this Agreement (including, without limitation, those with respect to the Property and all payments of any kind due or which are to become due to Lessor hereunder)and any such purchaser(s), assignee(s) or transferee(s) shall thereafter (jointly, if more than one)be deemed to be the lessor hereunder, except that Lessor and Lessee agree and acknowledge that any such purchaser(s), assignee(s), or transferee(s)will have made no representation or warranty,and therefore will assume no obligation,with respect to the title, merchantability, condition, quality or fitness of the Property for any particular purpose, or for the enforcement of any warranties or service agreement made or assigned to Lessee by the initial Lessor named herein. Upon Lessee's receipt of written notice from Lessor of Lessor's sale, assignment or transfer of all or any part of its interest hereunder, Lessee agrees to attom to and recognize any such purchaser(s), assignee(s), or transferee(s), (jointly if more than one)as the Lessor(s)under this Agreement. Upon assignment,Lessor is thereby relieved of any further obligations. Upon written request Lessee agrees to executed and deliver such certificate or other instruments as may reasonably be requested, including, but not limited to, a separate acknowledgment of assignment and attornment certificate in the customary form as to any purchaser's, assignee's or transferee's right, title and interest in, to and under this agreement, and with respect to the Property and the payments thereafter due and payable pursuant to this Agreement. 15. PERSONAL PROPERTY: The Property is and shall at all times by and remain personal property, as described in Paragraph 6(b). 16. LESSOR'S RIGHT TO PERFORM FOR LESSEE: If Lessee fails to make any payment or perform or comply with any or its covenants or obligations hereunder,Lessor may,but shall not be required to, make such payment or perform or comply with such covenants and obligations on behalf of Lessee and the amount of nay such payment and the expenses (including but not limited to reasonably attorney's fees) incurred by Lessor in performing or complying with such covenants and obligations,as the case may be, together with interest thereon at the highest rate permitted by applicable law, shall be payable by Lessee upon demand. 17. INTEREST ON DEFAULT: If Lessee fails to pay any payment due under this Agreement, whether payments of rent under Paragraph 1, payment of taxes under Paragraph 2, or payment for performance by Lessor of Lessee's obligations, under Paragraph 16 or otherwise, within fifteen days after the due date thereof, Lessee agrees to pay Lessor interest on such delinquent payments from the date due until actually received in immediately available funds to Lessor at the highest lawful rate permitted by applicable law. 18. NOTICES: Any notices to be given or to be served upon any party hereto, in connection with this Agreement,must be in writing and may be given by certified or registered mail, and shall be deemed to have been given and received forty-eight (48) hours after a registered or certified letter containing such notice, postage prepaid, is deposited in the United States Mail, and if given otherwise shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notice shall be given to the parties at their respective address(es) designated on the signature page of this Agreement or at such other address as either party may hereafter designate in writing. 19. MISCELLANEOUS: (a) Lessee shall, whenever requested, advise Lessor of the exact location and condition of the Property and shall give Lessor immediate notice of any attachment or other judicial process affecting the Property. Lessor may,for the purpose of inspection, at all reasonable times enter upon any job, building or place where the Property and the books and records of the Lessee with respect hereto are located. (b) Time is of the Essence. No covenant or obligations hereunder to be performed by Lessee may be waived except by the written consent of Lessor and waiver of any such covenant or obligation or a forbearance to invoke any remedy on any occasion shall not constitute a waiver of such covenant or obligation or any other covenant or obligation as to any other occasion and shall not preclude Lessor from invoking such remedy at any later time prior to the Lessee's cure of the condition, giving rise to such remedy. Lessor's rights hereunder are cumulative and not alternative. (c) This Agreement shall be construed and governed in accordance with the laws of the State in which Lessee is located. Should the Lessee be located in Florida both Lessor and Lessee hereby agree venue for all legal action regarding this Agreement shall be in accordance with the laws of the State of Florida. (d) This Agreement Constitutes the entire agreement between the parties and shall not be modified, waived, discharged, terminated, amended, altered or changed in any respect except by a written document signed by both Lessor and Lessee. (e) Any term or provision of this Agreement found to be prohibited by law or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without, to the extent reasonably possible, invalidating the remainder of this Agreement. (f) The Lessor hereunder shall have the right at any time or times, by notice to Lessee to designate or appoint any person or entity to act as agent or trustee of Lessor for any purposes hereunder. (g) All transportation, drayage, rigging, transit insurance premiums and other charges payable for delivery of the equipment to and from the premises of Lessee, and all installation, connect, disconnect and packing charges, shall be paid by Lessee. Lessee will immediately notify Lessor of any change occurring in or to the Property or any change in Lessee's address, or in any act or circumstance warranted or represented by Lessee to Lessor,or if any Event of Default occurs. (h) Use of the neuter gender herein is for purposes of convenience only and shall be deemed to mean and include the masculine or feminine gender whenever and wherever appropriate. (i) The captions set forth herein are for convenience of references only and shall not define or limit any of the terms or provisions hereof. (j) Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns,where permitted by this Agreement. (I) The Statute of Limitation for any claim arising under this Agreement shall be one year from the date said claim accrues. 20. LATE CHARGES: Whenever any payment is not made by Lessee in full during the term of this Agreement, unless otherwise terminated or expired, within thirty (30) days of the date due, Lessee agrees to pay to Lessor, not later than one month thereafter,an amount equal to 5%of the full scheduled payment but only to the extent allowed by law. Such amount shall be payable in addition to all amounts payable by Lessee as a result of exercise of any of the remedies herein provided. 21. COMMERCIAL PURPOSES: Lessee and Lessor agree that it is the intention of both parties that the equipment be used for Governmental purposes only and Lessee represents and warrants that the Equipment is hereby leased solely for governmental use. 22. ATTORNEY'S FEES: In the event either party breaches the terms of this Lease, the non-breaching party shall recover from the breaching party all costs and expenses incurred as a result of said breach, including without limitation, reasonable attorney's fees,including fees incurred at the trial or appellate levels. IN WITNESS WHEREOF,the parties have executed the Agreement as of the day of , 1995. LESSEE: ATTEST: City of Ocoee By: By: Jean Grafton, City Clerk S. Scott Vandergrift,Mayor 150 North Lakeshore Dr., Ocoee,Florida 34761 For use and reliance only by the City of Approved by the Ocoee City Ocoee,Florida approved as to form and Commission at a meeting held on legality,this day of , 1995. , 1995 under agenda item no. By: Foley&Lardner, CITY ATTORNEY LESSOR: By:£41 Xi LL(' ' ..,„4"e7 P. Taylor Steven M. Strickland Municipal Leasing Officer Vice President 989 South Federal Highway, Stuart,FL 34994 989 South Federal Highway, Stuart,FL 34994 EXHIBIT A TO LEASE AGREEMENT EQUIPMENT DESCRIPTION Motorola Radio Communications Network PURCHASE ORDER WITH EQUIPMENT DESCRIPTION TO BE ATTACHED. IDENTIFICATION AND/OR SERIAL NUMBERS TO BE PROVIDED UPON DELIVERY. EXHIBIT B CITY OF OCOEE 10-26-1995 Pg 1 Compounding period. . . : Quarter Nominal annual rate. . : 5 .705 % Effective annual rate: 5. 828 % Periodic rate 1.4263 % Equivalent daily rate: 0. 01585 % CASH FLOW DATA Event Date Amount # Period End-date 1 Loan 11-15-95 720, 739. 00 1 2 Payment 11-15-95 41, 089 . 37 20 Quarter 08-15-00 AMORTIZATION SCHEDULE - Normal amortization, 360 day Pmt Date Payment Interest Principal Balance Loan 11-15-1995 720,739. 00 1 11-15-1995 41, 089. 37 0. 00 41, 089 . 37 679, 649. 63 1995 totals 41, 089 .37 0. 00 41, 089.37 2 02-15-1996 41, 089 . 37 9, 693 . 50 31, 395.87 648, 253 .76 3 05-15-1996 41, 089. 37 9 , 245.72 31, 843 . 65 616,410. 11 4 08-15-1996 41, 089 . 37 8, 791.55 32 , 297. 82 584, 112 . 29 5 11-15-1996 41, 089. 37 8 , 330. 90 32 ,758 . 47 551, 353 . 82 1996 totals 164 , 357 . 48 36, 061. 67 128, 295 . 81 6 02-15-1997 41, 089 . 37 7 , 863 . 68 33 , 225 . 69 518, 128. 13 7 05-15-1997 41, 089 . 37 7, 389 . 80 33 , 699. 57 484, 428 . 56 8 08-15-1997 41, 089 . 37 6, 909. 16 34, 180. 21 450, 248 . 35 9 11-15-1997 41, 089.37 6, 421. 67 34, 667.70 415,580. 65 1997 totals 164,357.48 28, 584. 31 135, 773 . 17 10 02-15-1998 41, 089. 37 5, 927.22 35, 162 . 15 380, 418.50 11 05-15-1998 41, 089.37 5, 425. 72 35, 663 . 65 344, 754.85 12 08-15-1998 41, 089 . 37 4 , 917 . 07 36, 172 . 30 308, 582 . 55 13 11-15-1998 41, 089. 37 4, 401. 16 36, 688 .21 271,894. 34 1998 totals 164, 357. 48 20, 671. 17 143 , 686. 31 14 02-15-1999 41, 089 .37 3 , 877 . 89 37, 211. 48 234, 682. 86 15 05-15-1999 41, 089 . 37 3 , 347 . 16 37, 742 .21 196,940. 65 16 08-15-1999 41, 089 . 37 2 , 808 .87 38, 280. 50 158, 660. 15 17 11-15-1999 41, 089. 37 2 , 262 . 89 38,826.48 119,833 . 67 1999 totals 164, 357.48 12 , 296 . 81 152, 060. 67 18 02-15-2000 41, 089. 37 1, 709 . 13 39, 380. 24 80,453 .43 19 05-15-2000 41, 089. 37 1, 147. 47 39, 941. 90 40,511.53 20 08-15-2000 41, 089. 37 577.84 40, 511. 53 0. 00 2000 totals 123 , 268 . 11 3 , 434 . 44 119, 833 . 67 Grand totals 821, 787 . 40 101, 048 .40 720, 739 . 00 EXHIBIT C LEASE AGREEMENT CER I1 ICATE OF ACCEPTANCE TO(LEASE OR LEASE PURCHASE) AGREEMENT NO. DATED: BETWEEN Riverside National Bank of Florida (LESSOR) AND City of Ocoee. (LESSEE) To: Gentlemen: Lessee hereby certifies to you ("Lessor") that the items of Equipment which are described in the attached Scheduled "A" have been delivered to the Lessee and that such Equipment has been inspected, received, and accepted by the Lessee. The Lessee is delivering this Certificate of Acceptance to Lessor pursuant to that certain Lease Agreement referenced above. Lessee understands that Lessor is relying upon this receipt as a condition for making payment for the Equipment. LESSEE: ATTEST: BY: By: Date of Acceptance: Lease Commencement Date: Lease Term: Equipment Location: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE. APPROVED AS TO FOAM APO LNAIJIY II. derdi��is--. FOLEY&LAMER By City Afiomq INCUMBENCY CERTIFICATE I, Jean Grafton do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the City of Ocoee a political subdivision or agency duly organized and existing under the laws of the State of Florida, that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding the offices set forth opposite their respective names. I further certify that(i) the signatures set opposite their respective names and titles are true and authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into that certain Lease/Agreement dated ,1995 between such entity and Riverside National Bank of Florida NAME FITLE SIGNATURE S. Scott Vandergrift Mayor IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such entity hereto this day of , 1995. Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANC!ONLY BY THE CRY OF OCOEE, APPROVED AS TO FORMMOLEJIY Ihb dwr��T�� FOLEY I LAMM By OtY Attorney November 7, 1995 Riverside National Bank of Florida 989 South Federal Highway Stuart, Florida 34994 Re: Lease Agreement for Motorola 800 MHZ Trunked Radio System Gentlemen: As counsel for the City of Ocoee, Florida ("Lessee"), we have examined the unexecuted original of the Lease Agreement (the "Agreement") undated, between Lessee and Riverside National Bank of Florida ("Lessor"), and the proceedings taken by Lessee to authorize and execute the Agreement. We have assumed the genuineness and authenticity of all documents submitted to us as originals, including but not limited to the original of the Agreement provided to Lessee by Lessor on October 11, 1995. Capitalized terms utilized herein shall be assigned the meanings given such terms in the Agreement. For the purposes of this opinion, we have assumed that the Property is delivered to and accepted by the City within one (1) year from the Commencement Date. Based upon the examination and upon such other examination as we have deemed necessary or appropriate, we are of the opinion that: 1. Lessee is a public body corporate and politic, legally existing under the laws of the State of Florida. 2. The Agreement has been duly authorized, executed and delivered by Lessee, pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, and Resolution No. 95-22 (the "Resolution"). 3. Subject to the qualifications and limitations set forth below, the Agreement is a legal, valid and binding obligation of Lessee, enforceable in accordance with its terms; provided, however, that we render no opinion as to the effect on the validity and enforceability of the Agreement or the provisions thereof which purport to vest title to the leased property in Lessee and provided further that in the event Lessee returns the equipment to Lessor and the Lessor obtains a judgment against Lessee in compensatory money damages, as a result of an event of default under the Agreement, Lessee may be obligated to pay such judgment only if the Lessor has first used its best efforts to sell or re-lease the equipment to a third party in a Riverside National Bank of Florida November 7, 1995 Page 2 commercially reasonable manner and only to the extent that a deficiency remains after pursuing such remedy. Any such compensatory damages may be limited to the then applicable purchase price. 4. To the best of our knowledge, no action, suit or litigation is pending or threatened in any court or other tribunal, state or federal, or before any governmental commission, board or authority, which if adversely determined, will have a material adverse effect on the ability of the Lessee to perform its obligation under the Agreement. 5. The Lessee is a political subdivision of the State of Florida within the meaning of Section 103 of the United States Internal Revenue Code and the related regulations and rulings. This opinion is rendered solely for your benefit and no other person or entity shall be entitled to rely on this opinion without our express written consent. FOLEY & LARDNER By: Paul E. Rosenthal, a partner cc: City of Ocoee C:\WP511DOCS1000 1R1VF.RSDg0172 1 10x31/95 ISVW IS IDPB:dp „/”. ($10,000,000 small Issuer) Attached to and made a part of the certain Lease Agreement("Agreement")dated as of this day of_ , 1995 by and between Riverside National Bank of Florida,as Lessor and City of Ocoee, as Lessee. 1. Lessee has not issued, and reasonably anticipates that it and its subordinate entities will not issue, tax exempt obligations(including the Agreement) in the amount of more than$10,000,000. as a"qualified tax exempt obligation" within the meaning of Section 265 (b) (3)of the Internal Revenue Code of 1986, as amended("Code"); and agrees that it and its subordinate entities will not designate more than $10,000,000. of their obligations as "qualified tax exempt obligations"during the current calendar year. 2. The parties assume and intend that the agreement will qualify as a"qualified tax exempt obligation within the meaning of Section 265 (b) (3) (B) of the Code. In the event that Lessor either (i) receives notice from the Internal Revenue Service;or(ii) reasonably determines,based on an opinion of independent tax counsel selected by Lessor and approved by Lessee, which approval Lessee shall not reasonably withhold, that the otherwise applicable exception set forth in Section 265 (b) (3) of the Code is not available, then Lessee shall pay to Lessor during the term of the Lease, unless otherwise terminated or expired, within thirty (30) days after receiving notice from Lessor of such event, the amount which with respect to rental payments previously paid, will restore the after-tax yield on the transaction evidenced by the Agreement to that which it would have been had such exception been available, and pay as an additional rent on succeeding rent payment due dates such amounts as will maintain such after-tax yield. 3. The obligations of Lessee hereunder which accrue during the term of the Agreement shall survive termination of the agreement. 4. The parties agree that this Rider is an integral part of the Agreement. Date: LESSEE: City of Ocoee BY: S. Scott Vandergrift,Mayor For use and reliance only by the City of Approved by the Ocoee City Ocoee,Florida approved as to form and Commission at a meeting held on legality,this day of , 1995. , 1995 under agenda item no. By: Foley&Lardner, CITY ATTORNEY LESSOR: Bv: it14231- P.Taylor Steven M. Strickland Municipal Leasing Officer Vice President 989 South Federal Highway 989 South Federal Highway Stuart,Florida 34994 Stuart,Florida 34994 FOR USE AND RELIANCE ONLY BY THE CITY OF OCCEE, APPROVED AS TO FORM AND LEGALITY this day of 10 FOLEY 8 tARDNER BT CyAttorney 1 AGENDA 11/7/95 Item VI A 2,3,4 I Proposal For: t I City of Ocoee, Florida I 800 MHz Trunked Radio System I I ' APRAWily 1 111wrd * E IE 1 . Ocoee \ lb Jai 1 # i:::4 ,-. i .1-1411t B if.i i v41 \s," ...„ 10 4* 1 111111 I I Presented by: I Q MOTOROLA 1 L M/ MOTOROLA — Land Mobile Products Sector August 1, 1995 Mr. Ellis Shapiro City Manager City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 Dear Ellis: Motorola appreciates the courtesy and opportunity, extended by the City of Ocoee, to submit this proposal for an 800 Mhz trunked radio system. This proposal meets your operational requirements. Motorola is the industry leader in trunking technology, having installed more than 300 systems nationwide in the last five years. Motorola's SmartNet/SmartZone systems offer the highest level of emergency communications available in our industry today. This is particularly significant for the City of Ocoee since only Motorola technology will allow over-the-air interface with other Motorola 800 Mhz trunked systems, such as those purchased by Seminole County, Orange County, the City of Apopka, the City of Winter Garden, the City of Winter Park, and the City of Orlando. Motorola's proposed design includes SmartZone equipment for public safety applications,providing for an even greater level of interoperability between Ocoee and these other local governments. The ability to have total compatibility,for intercity and intra city/county communications will have a substantial impact on the safety of City personnel and the level of service to its residents and visitors. Motorola offers tax exempt financing as a payment option to help the City fit the 800Mhz system into its capital improvement plan for October, 1995. Thank you for your continued interest in our products and services. Motorola looks forward to working with you as you move forward with new communications technology. Sincerely, MOTOROLA, Inc. Eric Wapole Account Man ger I 2400 Maitland Center Parkway,Suite 200• Maitland, Florida 32751 •(407)875-0353• FAX(407)875-1664 1 CITY OF OCOEE, FLORIDA 800MHZ TRUNKED RADIO SYSTEM PROPOSAL TABLE OF CONTENTS tik SECTION 1 PROPOSED AGREEMENTS INCLUDING LETTERS OF RESOLUTION DATED 9/18/95, 9/26/95, AND 9/31/95 SECTION 2 SYSTEM DESCRIPTION SECTION 3 SERVICE SUPPORT SECTION 4 TRAINING SECTION 5 STATEMENT OF WORK SECTION 6 PRODUCT LITERATURE SECTION 7 SYSTEM PRICING Communications System Agreement Y ?n 1 COMMUNICATIONS SYSTEM AGREEMENT THIS AGREEMENT, made and entered into this day of , 1995, by and between Motorola, Inc., a Delaware corporation, by and through its Land Mobile Products Sector, and hereinafter referred to as "MOTOROLA" or "Seller", and the City of Ocoee, Florida, hereinafter referred to as "PURCHASER". WITNESSETH: WHEREAS,the PURCHASER desires to purchase a Communications System; and WHEREAS, MOTOROLA desires to sell a Communications System; and THEREFORE, the parties hereby enter into an agreement pursuant to which MOTOROLA shall perform the work and furnish and sell the equipment and services as more fully set forth herein and in the following exhibits, which are either attached hereto or incorporated by reference and hereby made a part of this Agreement: Exhibit A General Provisions consisting of six (6) pages and twenty (20) sections. Exhibit B MOTOROLA Software License. Exhibit C MOTOROLA Proposal including Acceptance Test Plan, Equipment List and Statement of Work. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties agree as follows: Section 1 SCOPE OF WORK A. This section 1.A defines the Scope of Work. MOTOROLA shall furnish, install and provide all of the equipment and all other items and services as outlined in Exhibits A, B, and C and provide such tools, supplies, labor and supervision necessary for the installation for those items purchased to be installed as detailed in Exhibits A, B, and C for a Communications System. All of the equipment actions, obligations, services and other matters to be provided or to occur under this Agreement shall be the responsibility of MOTOROLA provided at its cost unless the Agreement expressly provides that the PURCHASER or Orange County is responsible for such. Further, unless this Agreement expressly provides for additional payment for any matters herein, no payment by the PURCHASER other than the payment required in Section 6.A. shall be required of PURCHASER and MOTOROLA shall perform under this Agreement without additional compensation. B. PURCHASER shall in addition to responsibilities described in the Statement of Work included in Exhibit C of this Agreement perform the following coincident with the performance of this Agreement: (1) Provide a designated Project Director. City of Ocoee 10/27/95 C Communications System Agreement Y � 2 (2) Provide ingress and egress to PURCHASER's facilities and/or sites as requested by MOTOROLA and have such facilities available for installation of the equipment to be installed; provided, however, that MOTOROLA shall not unreasonably disrupt operations at PURCHASER'S facilities. (3) Provide adequate telephone lines for the installation and operation of the equipment. (4) Provide adequate AC Power at 117 VAC ± 10%, 60 Hz for the installation and operation of the equipment. (5) Provide a designated work area with adequate heat and light, and a locked, short-term storage area for equipment delivered to the Purchaser's site for installation. Except as set forth in Section 3 of Exhibit "A" hereto, after PURCHASER has acknowledged in writing its receipt of equipment and such has been installed or secured in the storage area, the PURCHASER shall be solely liable for loss or damage to such equipment prior to, during and following installation when such equipment is on or within PURCHASER's facilities and/or vehicles except where testing has been determined as the cause of the loss or damage or as otherwise provided in this Agreement. Section 2 SITES This agreement is predicated on the utilization of sites and site configurations, which have been selected either by the PURCHASER or by MOTOROLA as contained in the MOTOROLA proposal. In either situation, should it be determined by either MOTOROLA or PURCHASER during the course of performance on this Agreement that the sites or configuration selected are no longer available or desired, new or replacement sites or configuration will be selected and approved by both MOTOROLA and the PURCHASER. If any price adjustments are necessary as a result of these new or replacement sites, such price adjustments will be added to this Agreement by change order in accordance with Section 4 of the General Provisions. Section 3 SUBSURFACE/STRUCTURAL CONDITIONS This Agreement and the MOTOROLA proposal are predicated upon normal soil conditions defined by E.I.A. standard RS-222 (latest revision). Should MOTOROLA encounter subsurface, structural, and/or latent conditions at any site differing from those, indicated on the specifications, or as used in the preparation of the bid price, the PURCHASER will be given immediate notice of such conditions before they are further disturbed. Thereupon, MOTOROLA and the PURCHASER shall promptly investigate the conditions and, if found to be different, will adjust the plans and/or specifications as may be necessary. Any changes which cause an adjustment in the contract price or in time required for the performance of any part of the contract shall result in a contract modification in accordance with Section 4 of the General Provisions. Section 4 PERIOD OF PERFORMANCE A. MOTOROLA shall complete the Scope of Work in accordance with the following schedule: City of Ocoee 10/27/95 I Communications System Agreement 3 (1) Delivery date of equipment-See Statement of Work (2) Completion of installation-See Statement of Work (3) Final Acceptance/Completion of Acceptance Test-See Statement of Work. IB. Whenever MOTOROLA knows or reasonably should know that any actual or potential condition due to circumstances beyond its control is delaying or threatens to delay the timely performance of the Scope of Work, MOTOROLA shall within thirty 1 (30) days give PURCHASER notice thereof and may request an extension of time to perform the work, which extension shall not be unreasonably withheld, so long as an extension of the City's current communication system is also satisfactorily addressed. Any extension of time granted by the PURCHASER shall result in a contract modification in accordance with Section 4 of EXHIBIT A, the General Provisions. C. Subject to the provisions of Section 3 of Exhibit "A" hereto, in order to successfully integrate and implement this project, shipments will be made F.O.B. Destination to PURCHASER facilities, local MOTOROLA staging facilities, warehousing facilities, or any combination thereof or to facilities designated by PURCHASER. It is agreed that this plan is acceptable to PURCHASER and that MOTOROLA will advise prior to shipment of actual destination and that PURCHASER will receive shipment, and make payment as required by this Agreement. D. It is also agreed that equipment shipping dates reflected in this agreement or in MOTOROLA proposals are estimates only, and that shipment may be made within a reasonable time prior to, or subsequent to these estimated shipping dates. Section 5 ACCEPTANCE CRITERIA A. MOTOROLA has included an Acceptance Test Plan (ATP)which has been agreed to by both parties either in writing prior to this Agreement or by execution of this Agreement and is a part of Exhibit C to this Agreement. The successful completion of the ATP will be the sole criterion for system acceptance. B. The warranty or maintenance periods for equipment put into use, unless warranty or maintenance has already begun, shall be deemed to have commenced concurrently with the use of the equipment for its intended purpose. The use of the equipment for its intended purpose shall be deemed to have occurred when the PURCHASER commences to use and rely primarily on the equipment for its communications. C. Upon notification by MOTOROLA that the system is available for acceptance testing, it is agreed that should the acceptance testing of the system or any subsystem thereof be delayed for reasons caused solely by PURCHASER and completely beyond MOTOROLA's control, that final payment for the subsystem or system shall become due net thirty (30) days and warranty or maintenance shall commence upon notice to PURCHASER by MOTOROLA. City of Ocoee 10/27/95 Communications System Agreement 4 Section 6 PAYMENT SCHEDULE A. MOTOROLA agrees to sell all of the equipment and perform the services and work as outlined in the Scope of Work and PURCHASER agrees to buy the aforementioned equipment and services for the sum of Six Hundred and Ninety-Eight Thousand Three Hundred and Seventy Two Dollars ($698,372). B. The PURCHASER shall make payments to MOTOROLA as follows: 25%upon execution of the contract-$174,593.00 60% upon delivery-$419,023.20 10% upon installation- $69,837.20 05%upon final acceptance-$34,918.60 C. In the event of failure or delay by the PURCHASER in providing sites, space, approvals, licenses, or any other PURCHASER obligations required preceding delivery of MOTOROLA equipment, it is agreed that MOTOROLA, after at least fifteen (15) days written notice from MOTOROLA to PURCHASER at its sole discretion, may ship equipment as planned to MOTOROLA'S Orlando Service Center and that the PURCHASER will then make payment in accordance with the terms of this Agreement. Any additional costs incurred by MOTOROLA for storage of equipment will be invoiced and paid by PURCHASER if prior written notice of proposed additional costs is provided to PURCHASER by MOTOROLA and PURCHASER is given a reasonable opportunity to avoid such costs. Section 7 PROJECT MANAGEMENT A. If the size or complexity of the project warrants, MOTOROLA will assign a Project Manager, who is authorized to exercise technical direction of this project. MOTOROLA, at any time, may designate a new or alternate Project Manager without written notice. MOTOROLA shall advise the City following any such changes. B. All matters affecting the terms of this Agreement or the administration thereof shall be referred to MOTOROLA's cognizant Contract Administrator who shall have authority to negotiate changes in or amendments to this Agreement. Section 8 NOTICE ADDRESSES A. MOTOROLA, INC. 85 HARRISTOWN ROAD GLEN ROCK NEW JERSEY 07452 ATTN: CONTRACTS AND COMPLIANCE DEPARTMENT B. PURCHASER,to complete: City of Ocoee 150 North Lakeshore Drive City of Ocoee 10/27/95 C Communications System Agreement 5 Ocoee, Florida 34761-2258 Attn: City Manager Section 9 ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement, the inconsistency shall be resolved in the following order. First This Agreement consisting of 13 sections Second Exhibit A General Provisions consisting of six (6) pages and twenty20 ( ) sections. Third Exhibit B MOTOROLA Software License. Fourth Exhibit C MOTOROLA Proposal including Acceptance Test Plan, Equipment List and Statement of Work dated Section 10 SEVERABILITY If any portion of this Agreement or any exhibits hereto is held to be invalid, such provision shall be considered severable, and the remainder of this Agreement or any provision hereof shall not be affected. Section 11 HEADINGS AND SECTION REFERENCES The headings given to the paragraphs herein are inserted only for convenience and are in no way to be construed as part of this Agreement or as a limitation of the scope of the particular paragraph to which the heading refers. Section 12 FULL AGREEMENT This Agreement and Exhibits hereto constitute the final expression of the agreement of the parties and supersedes all previous agreements and understandings, whether written or oral, relating to the work, except for correspondence from MOTOROLA dated September 18, 1995, October 26, 1995 and October 31, 1995 which is attached hereto and incorporated by reference. This Agreement may not be altered, amended, or modified except by written instrument signed by the duly authorized representatives of both parties. References to "Agreement" in this document or any of the Exhibits to this Agreement shall mean this document consisting of thirteen (13) sections and all exhibits incorporated by reference herein.. C City of Ocoee 10/27/95 Communications System Agreement 6 Section 13 DATE OF AGREEMENT The Effective Date of this Agreement is the date the last of the parties to this Agreement executes this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the last day and year written below. MOTOROLA, INC. By: Name: Title: Date: CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Executed on: , 1995 Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 1995 LEGALITY this day of UNDER AGENDA ITEM NO. , 1995 Foley& Lardner By: City Attorney City of Ocoee 10/27/95 Exhibit A 7 EXHIBIT A GENERAL PROVISIONS Revised 10/31/95 MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. Section 1 STANDARDS OF WORK MOTOROLA agrees that the performance of work described in this Agreement and pursuant to this Agreement shall be done in a professional manner and shall conform to professional standards such that the highest relevant industry standards are met. MOTOROLA warrants that all equipment provided under this Agreement shall be new and in good working condition and unencumbered by any lien or claim. All packaging and packing shall be in accordance with good commercial practice. Section 2 TAXES The prices set forth in the Agreement are exclusive of any amount for Federal, State or Local excise, sales, lease, gross income service, rental, use, property, occupation or similar taxes. If any taxes are determined applicable to this transaction and MOTOROLA is required to pay or bear the burden thereof, the PURCHASER agrees to pay to MOTOROLA the amount of such taxes and any interest or penalty thereon no later than THIRTY(30) DAYS after receipt of an invoice therefor. Section 3 SHIPPING,TITLE AND RISK OF LOSS All sales and deliveries are F.O.B. Destination. MOTOROLA reserves the right to make deliveries in installments. Title to the equipment shall pass to the PURCHASER upon shipment of the equipment. Notwithstanding the earlier transfer of title or any provision contained herein to the contrary, MOTOROLA shall bear the risk of loss or damage to equipment until such equipment is either (i) with respect to equipment to be installed at the installation site, actually transported by MOTOROLA from its Orlando Service Center to the installation site and the City has provided MOTOROLA with written confirmation of receipt or (ii) with respect to equipment to be installed at a location other than the installation site, actually transported by MOTOROLA from its Orlando Service Center to the alternate location and MOTOROLA has provided the City with written confirmation setting forth such alternate location and confirming that such equipment has been installed at such alternate location. The above notwithstanding, title to software and any third party supplied software shall not pass upon payment of the license fee therefor or under any circumstances. Section 4 CHANGES IN THE WORK A. The PURCHASER, through its designated representative only, may, at any time, by written order, make changes within the general scope of the work, including but not limited to revisions of, or additions to, portions of the work, or changes in method of shipment or packaging and place of delivery. B. If any order under this Section 4 causes an increase or decrease in the cost of or time required for the performance of any part of the work under this Agreement, an equitable adjustment shall be made in the Agreement price or delivery schedule, or City of Ocoee 10/27/95 Exhibit A 8 both, and the Agreement shall be modified in writing accordingly. MOTOROLA and PURCHASER are not obligated to comply with any order hereunder unless and until the parties reach agreement as to the aforementioned equitable adjustment and same is reflected as an addendum to this Agreement with the increase or decrease in cost or time so listed. Section 5 LIMITATION OF LIABILITY Except for personal injury or death, (including but not limited to third party and similar type claims) MOTOROLA's total liability whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, is limited to the price of the particular products sold hereunder with respect to which losses or damages are claimed. After acceptance by PURCHASER, PURCHASER's sole remedy is to request MOTOROLA at MOTOROLA's option to either repair or replace product(s)that are not as warranted, or if agreed to by PURCHASER, refund the purchase price thereof. IN NO EVENT WILL MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. Section 6 EXCUSABLE DELAYS A. Neither MOTOROLA nor the PURCHASER shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God; fire; strikes; material shortages; compliance with laws or regulations; riots; acts of war; or any other conditions beyond the reasonable control of the party or parties. B. Delays as identified herein may cause an impact on the Period of Performance stated in the Agreement. Such delays will be subject to an Agreement addendum as described in Section 4. Section 7 DEFAULT A. If MOTOROLA is wholly responsible for failure to make delivery or complete installation under the agreement,the PURCHASER may consider MOTOROLA to be in default, unless such failure has been caused by the conditions set forth in Section 6 of these General Provisions. B. The PURCHASER shall give MOTOROLA written notice of such default and MOTOROLA shall have THIRTY (30) DAYS to provide a plan of action to cure said default. If MOTOROLA fails to cure said default, the PURCHASER may terminate any unfulfilled portion of this Agreement or complete the system through a third party. In the event the PURCHASER completes the system through a third party, MOTOROLA shall be responsible for an amount in excess of the Agreement price, not to exceed the Agreement Price incurred by the PURCHASER in completing the system to a capability not exceeding that specified in the Agreement. IN THE EVENT OF DEFAULT, MOTOROLA SHALL NOT BE LIABLE FOR ANY INCIDENTAL, LIQUIDATED, SPECIAL OR CONSEQUENTIAL DAMAGES. City of Ocoee 10/27/95 Exhibit A 9 Section 8 DELAYS BY PURCHASER If the PURCHASER is responsible for delays which cause the installation and acceptance of this system as defined in the Agreement, to be rescheduled beyond the Period of Performance set forth in the Agreement, the PURCHASER shall be liable for actual costs incurred by MOTOROLA resulting from these delays. Within 10 days that MOTOROLA knows that a PURCHASER-caused delay will require rescheduling as set forth above, MOTOROLA shall notify PURCHASER in writing of said delay and advise the City of any proposed modification to payment terms. Such charges may include, but are not limited to, additional Engineering; rescheduling charges; storage charges; maintenance charges; and transportation charges. The PURCHASER shall have the option to attempt to minimize actual costs incurred by storing and transporting equipment at its own expense. MOTOROLA reserves the right to make reasonable modification to the payment terms in the event of such delays. Section 9 LICENSES/AUTHORIZATION The PURCHASER is solely responsible for obtaining any licenses or other authorizations required by the Federal Communications Commission and for complying with FCC rules. Neither MOTOROLA nor any of its employees is an agent or representative of the PURCHASER in FCC matters or otherwise. MOTOROLA, however, may assist in the preparation of the license application at no charge to the PURCHASER. PURCHASER and MOTOROLA agree that project implementation and payment therefore, is predicated on receipt of proper FCC licensing. Section 10 INDEMNIFICATION MOTOROLA agrees to and hereby indemnifies and saves PURCHASER harmless from all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to, or recovered from the PURCHASER by reason of or on account of damage either/both to the property of the PURCHASER or the property of, injury to, or death of any person, when such damage or injury is caused by MOTOROLA's negligence or that of its employees, subcontractors, or agents while on the premises of the PURCHASER during the delivery and installation of the communications equipment and during MOTOROLA's presence on the premises for any purpose related to this Agreement. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. Section 11 EQUIPMENT COMPATIBILITY MOTOROLA agrees that the equipment and items provided by MOTOROLA, will perform in accordance with the specifications and representations stated in MOTOROLA's Proposal and Equipment List included in this Agreement. This Agreement does not extend to the performance of the equipment in combination with products, elements or components not supplied by MOTOROLA under this Agreement. Section 12 WARRANTIES 1 A. MOTOROLA represents and warrants that all equipment, products, software, and items delivered under this Agreement conform in design, materials and workmanship City of Ocoee 10/27/95 Exhibit A 10 to the appropriate MOTOROLA Technical Specifications. MOTOROLA further warrants that their products, software, and other items will interact according to the specifications contained in Exhibits C. Successful completion of the ATP shall constitute full compliance with and fulfillment of this warranty set forth in this Section A. B. Hardware Warranty: MOTOROLA represents and warrants that all equipment, products, software, and items delivered under this Agreement conform in design, materials and workmanship to the appropriate MOTOROLA Technical Specifications and warrants these to be free from defects in material and workmanship for a period of ONE (1) YEAR after final acceptance as provided in the ATP or by terms of Section 5.B. of the Communications System Agreement, except for crystal devices, channel elements, high stability oscillators (other than reference oscillators used for frequency synthesis which are warranted for one (1) year) and crystal filters, which are warranted for a period of TEN (10) YEARS from the date of shipment. Parts, including crystals and channel elements, will be replaced free of charge for the full warranty period and the labor to replace defective parts will be provided for ONE (1) YEAR from the date of acceptance. Thereafter, the PURCHASER must pay for the labor involved in repairing the product or replacing the parts at the prevailing rates together with any transportation charges to or from the place where warranty service is provided. This express warranty is extended by MOTOROLA Communications and Electronics, Inc., 1301 E. Algonquin Road, Schaumburg, Illinois 60196, to the original purchaser only, and only to those purchasing for purpose of leasing or solely for commercial, industrial, or governmental use. C. Software Warranty: MOTOROLA warrants that, when properly used, software programs purchased under this Agreement will be free from reproducible defects that cause a material variance from its published specifications and from the functionality represented in Exhibit C. Further terms of this warranty shall be governed by the separate software license agreement set forth in Section 14, except that the warranty for software purchased under this Agreement shall be for a period of one year, final acceptance as provided in the ATP or by the terms of Section 5.B. of the Communication System Agreement. D. THE EXPRESS WARRANTIES CONTAINED IN THIS SECTION OF THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE SPECIFICALLY EXCLUDED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MOTOROLA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. E. In the event of a defect, malfunction or failure to conform to the MOTOROLA proposal as set forth in Exhibit "C", MOTOROLA, at its option, will either repair or replace the product or, if agreed to by PURCHASER, refund the purchase price thereof, and such action on the part of MOTOROLA shall be the full extent of MOTOROLA's liability hereunder. This warranty is void if: City of Ocoee 10/27/95 Exhibit A 11 (a) the product is used in other than its normal and customary manner, (b) the product has been subject to misuse, accident, neglect or damage; (c) unauthorized alterations or repairs have been made, or unapproved parts used in the equipment. F. This warranty extends only to individual products; batteries are excluded but carry their own separate limited warranty. Because each radio system is unique, MOTOROLA disclaims liability for range, coverage, or operation of the system as a whole under this warranty. Non-MOTOROLA manufactured products are excluded from this warranty, but subject to the warranty provided by their manufacturers, a copy of which will be supplied to the PURCHASER on specific written request. G. In order to obtain performance of this warranty, the PURCHASER must contact its MOTOROLA salesperson or MOTOROLA at the address first above shown attention Quality Assurance Department. Section 13 CONFIDENTIAL INFORMATION MOTOROLA proprietary computer programs will be released in accordance with the Software License provisions set forth elsewhere, if applicable. All other material and information of confidential nature marked MOTOROLA PROPRIETARY and CONFIDENTIAL will be released as necessary under the following conditions: (1) PURCHASER shall exercise reasonable and prudent measures to keep these items in confidence. (2) PURCHASER shall not intentionally or negligently disclose these items to third parties without prior written permission, unless MOTOROLA makes them public or PURCHASER leams them rightfully from sources independent of MOTOROLA, or it is required by law to be disclosed. (3) MOTOROLA, where necessary, retains the right to prescribe specific security measures for the PURCHASER to follow to maintain the confidentiality. In the event disclosure of such information is necessary, a separate Non-Disclosure Agreement will be required. Section 14 SOFTWARE LICENSE AND WARRANTY MOTOROLA will, in the course of the transaction for the items of equipment identified in the Agreement, deliver to PURCHASER, on a licensed basis, one or more computer programs (Product Program). Delivery of all Product Programs by MOTOROLA and acceptance of same by PURCHASER shall be made only under the terms and conditions as contained in Exhibit B attached hereto and made a part hereof. Product Programs will be at Software Level One. The terms and conditions of the License Agreement contained in Exhibit B shall survive the completion of the Agreement. City of Ocoee 10/27/95 Exhibit A 12 ISection 15 PATENT INDEMNIFICATION MOTOROLA agrees to defend, at its expense, any suits against PURCHASER based upon a claim that any products furnished hereunder directly infringes a U.S. patent or copyright, and to pay costs and damages finally awarded in any such suit, provided that I MOTOROLA is notified promptly in writing and at MOTOROLA's request and expense is given control of said suit and all requested assistance for defense of same with PURCHASER reserving the right to monitor and participate in any such suit. If the use or I sale of any such product(s) furnished hereunder is enjoined as a result such suit, MOTOROLA, at its option and at no expense to PURCHASER, shall obtain PURCHASER the right to use or sell said product(s), or shall substitute an equivalent product or products reasonably acceptable to PURCHASER and extend this indemnity Ithereto or, if none of the foregoing remedies are reasonably available to MOTOROLA, accept the return of said product(s) and reimburse PURCHASER the full purchase price therefor, less a reasonable charge for reasonable wear and tear. This indemnity does Inot extend to any suit based upon any infringement or alleged infringement of any patent or copyright by the combination of any product(s) furnished by MOTOROLA and other elements nor does it extend to any product(s) of PURCHASER's design or formula. Section 16 DISCLAIMER OF PATENT LICENSE I Nothing contained in this Agreement shall be deemed to grant, either directly or by implication, estoppel, or otherwise, any license under any patents or patent applications of MOTOROLA, except that PURCHASER shall have the normal non-exclusive royalty- free license to use that is implied, or otherwise arises through this Agreement by operation of law, in the sale of a product. Section 17 WAIVER Failure or delay on the part of MOTOROLA or PURCHASER to exercise right or power hereunder shall not operate as a waiver thereof. Section 18 GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any suit brought in any way relative to this Agreement shall be brought in Orange County, Florida. ISection 19 ASSIGNABILITY The Agreement may not be assigned by either party hereto other than MOTOROLA may assign this order to one of its Subsidiaries as in the normal course of business. MOTOROLA shall remain liable for all of MOTOROLA's obligations under this Agreement notwithstanding any assignment. Section 20 DISPUTES MOTOROLA and the PURCHASER will attempt to settle any claim or controversy arising out of this Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. If those attempts fail, then the dispute will be mediated by a City of Ocoee 10/27/95 Exhibit A 13 mutually acceptable mediator to be chosen by MOTOROLA and the PURCHASER within thirty (30) days after written notice by one of the parties demanding non-binding mediation. Neither one of the parties may unreasonably withhold consent to the selection of a mediator, and MOTOROLA and the PURCHASER will share the cost of the mediation equally. By mutual agreement, however, MOTOROLA and PURCHASER may postpone mediation until both parties have completed some specified but limited discovery about the dispute. The parties may also agree to replace mediation with some other form of non-binding alternate dispute resolution procedure (ADR). Any dispute which cannot be resolved between the parties through negotiation or mediation within two (2) months of the date of the initial demand for it by one of the parties may then be submitted to a court of competent jurisdiction in Florida. Both MOTOROLA and PURCHASER consent to jurisdiction over it by such a court. The use of any ADR procedures will not be considered under the doctrine of laches, waiver or estoppel to affect adversely the rights of either party. Nothing shall prevent either of the parties from resorting to the judicial proceedings mentioned in this paragraph if (a) good faith efforts to attempt resolution of the dispute under these procedures have been unsuccessful or (b) interim relief from the court is necessary to prevent serious and irreparable injury to one of the parties or others. C C City of Ocoee 10/27/95 Exhibit B 14 Exhibit B - SOFTWARE LICENSE AGREEMENT This License Agreement is between MOTOROLA, INC., a Delaware Corporation, by and through its Land Mobile Products Sector, having an office at 1301 East Algonquin Road, Schaumburg, Illinois 1 60196 ("MOTOROLA") and the licensee named below("Licensee"). BACKGROUND MOTOROLA has developed or acquired, or will develop or acquire Programs (as hereinafter defined). The Licensee wishes, either now and/or in the future, to obtain the right to use such Programs. MOTOROLA is willing to allow such use, provided the Licensee agrees to observe certain terms and conditions governing such use.The Licensee is willing to be so bound. At the time of seeking to obtain rights to any particular Program, MOTOROLA may indicate to the Licensee that such a Program itself constitutes, or is part of a MOTOROLA Product that is designated by MOTOROLA as being a Category One (or, in the alternative, Level One), a Category Two (or, in the alternative, a Level Two), a Category Three (or, in the alternative, a Level Three), or a Category Four (or, in the alternative, a Level Four) product or Program. It is also possible that no particular Category or Level will be identified for a particular product or Program. Pursuant to this Software License Agreement, the Licensee can obtain a right to use Programs, with various rights and obligations being set forth herein as specifically applicable to Programs of different Categories. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter expressed, Licensee and MOTOROLA agree as follows: Section 1 DEFINITIONS 1.1 "Licensee"shall mean the licensee set forth at the end of this Agreement. 1.2 "Licensee's Personnel" shall mean any person who is directly employed by or an elected official of the Licensee. 1.3 "MOTOROLA Products" shall mean bona fide MOTOROLA products designed, manufactured, acquired and/or sold by MOTOROLA's Land Mobile Products Sector, as identified in purchase contracts or as otherwise identified. "MOTOROLA Products" shall not include products that were originally "MOTOROLA Products," but that have been modified in such a way that the products no longer comply with MOTOROLA's published specifications for such products as of the time of manufacture of such products by MOTOROLA, unless such products have been modified by MOTOROLA.. 1.4 "Embedded" shall mean object code that is resident in an unalterable media, such as, for example, in a masked microprocessor, ROM, or PROM, or in an alterable media that is not ordinarily altered during ordinary use of a MOTOROLA Product that includes the alterable media, such as,for example, EPROM or EEPROM. City of Ocoee 10/31/95 Exhibit B 15 1.5 "Program," "Programs," and "Program(s)" shall all mean MOTOROLA object code that is provided by MOTOROLA for use in conjunction with MOTOROLA Products or for use within 1 MOTOROLA Products, and shall include later provided object code supplements and updates to any item of MOTOROLA object code. 1.6 "Site" refers to a specified geographic location where usage of Programs is allowed. To the extent that MOTOROLA shall, in a particular instance, specifically identify a particular MOTOROLA Product or other platform as a"site"for a particular identified Program or Programs, then that particular MOTOROLA Product or other platform shall, for purposes of this Agreement, be a"Site." Section 2 LICENSE AND CONDITIONS OF USE 2.1 MOTOROLA grants to Licensee a personal, non-exclusive license under MOTOROLA's applicable patents, copyrights, and trade secret rights to use Program(s) under the following terms and provisions (these terms and provisions shall be applicable to all Categories (unless provided otherwise below), and shall also be applicable in each instance where no particular Category has been identified for a particular Program or MOTOROLA Product): 2.1.1 Licensee may only use the Program(s) at a Site, or Sites, expressly stated in purchase contracts pertaining to the Programs, or at a Site, or Sites that are otherwise identified in a writing that is provided to MOTOROLA at the time the Licensee originally requests to use the particular Program or Programs. If a Site is not so specified, the Licensee may use the Program(s) only at the business address where the Program(s) was initially delivered by MOTOROLA, or to such other business address where the Program(s) was initially installed with MOTOROLA's knowledge and written acknowledgment, unless otherwise provided herein. 2.1.2 Licensee acknowledges MOTOROLA's claim that the Program(s) contain valuable proprietary information and trade secrets, and that unauthorized dissemination, distribution, modification, reverse engineering, disassembly, or unauthorized use of the Program(s) could cause irreparable harm to MOTOROLA, and thus Licensee agrees not to reverse engineer, disassemble, disclose, transfer, provide, or otherwise make available in any form whatsoever the Program(s), the information therein, or any portion thereof, to any person or organization other than Licensee's Personnel without the prior written consent of MOTOROLA. 2.1.3 Licensee shall not modify, adapt, or merge any Program, or alter the operability of any Program, except as specifically authorized in writing by MOTOROLA in advance of any such modification, adaptation, merge, or alteration. 2.1.4 Since unauthorized use of such Program(s) can greatly diminish the value of such trade secrets and cause irreparable harm to MOTOROLA, Licensee agrees that MOTOROLA, in addition to any other remedies it may have, shall be entitled to equitable relief to protect such trade secrets, including without limitation, temporary and permanent injunctive relief without the proving of damages by MOTOROLA. 2.1.5 Licensee will take appropriate action, by instruction, agreement or otherwise, with any persons, including Licensee's Personnel, permitted access to the Program(s), such that Licensee satisfies its confidentiality obligations under this License Agreement. City of Ocoee 10/31/95 I Exhibit B 16 2.1.6 The Licensee shall include all copyright notices, trademark notices, and other proprietary legends in accordance with MOTOROLA's instructions on all copies of the Program(s). 2.1.7 Title to the Program(s) and any copies thereof, in whole or in part, and all rights in patents, copyrights,trade secrets, and other intellectual properties in such Program(s) are vested in, and shall remain vested in, MOTOROLA. 2.1.8 Licensee acknowledges and agrees that the existence of any copyright notice on any Program shall not be construed as an admission or presumption that public disclosure of trade secrets, or publication of such Program, has occurred. 2.1.9 Licensee shall comply with the export regulations of the Office of Export Administration for the United States Department of Commerce with respect to the Programs. 2.1.10 Unless otherwise provided herein,the rights provided in this License Agreement shall not be assigned or otherwise transferred by the Licensee to a third party, and any such attempt shall be null and void. 2.1.11 MOTOROLA reserves the right to assign this License Agreement, encumber or sell any Program, or subcontract any of its obligations hereunder, either in whole or in part, without notice to or the consent of Licensee. 2.2 CATEGORY ONE SOFTWARE LICENSE: In addition to the rights and conditions set forth in Section 2.1 above, MOTOROLA further grants to Licensee a personal, non-exclusive Category One Software License for any Program(s) provided to Licensee by MOTOROLA that is identified, in a writing, as being a category one (or level one) product. A Category One Software License shall contain the following terms and provisions (in the event of any conflict between the terms set forth in Section 2.1 and those set forth in Section 2.2, the terms set forth in Section 2.2 shall prevail with respect to the specific terms in conflict): 2.2.1 The Licensee may have up to four (4) archival copies of a Category One Program in existence at any one time, which archival copies shall only be used to backup the original Program(s). 2.3 CATEGORY TWO SOFTWARE LICENSE: In addition to the rights and conditions set forth in Section 2.1 above, MOTOROLA further grants to Licensee a personal, non-exclusive Category Two Software License for any Program(s) provided to Licensee by MOTOROLA that is identified, in a writing, as being a category two (or level two) product. A Category Two Software License shall contain the following terms and provisions (in the event of any conflict between the terms set forth in Section 2.1 and those set forth in Section 2.3, the terms set forth in Section 2.3 shall prevail with respect to the specific terms in conflict): 2.3.1 Licensee may transfer a Category Two Program(s) in its entirety to a Transferee, but only if the Program(s) is transferred as Embedded in a corresponding MOTOROLA Product, and only if the Transferee agrees in writing to use the Program(s) under license terms and provisions that are at least as restrictive as those set forth herein, and MOTOROLA is provided with a copy of such writing. City of Ocoee 10/31/95 r Exhibit B 17 2.3.2 Licensee may use a Category Two Program(s) in its Embedded form in a corresponding MOTOROLA Product without territorial restriction, unless otherwise agreed to in writing by MOTOROLA and the Licensee. 2.3.3 Notwithstanding any other provision in this License Agreement to the contrary, Licensee shall make no copies, archival or otherwise, in whole or in part, of a Category Two Program(s), except insofar as ordinary use of the Program(s) as prescribed by MOTOROLA shall create a copy thereof. 2.4 CATEGORY THREE SOFTWARE LICENSE: In addition to the rights and conditions set forth in Section 2.1 above, MOTOROLA further grants to Licensee a personal, non-exclusive Category Three Software License for any Program(s) provided to Licensee by MOTOROLA that is identified, in a writing, as being a category three (or level three) product. A Category Three Software License shall contain the following terms and provisions (in the event of any conflict between the terms set forth in Section 2.1 and those set forth in Section 2.4, the terms set forth in Section 2.4 shall prevail with respect to the specific terms in conflict): 2.4.1 The rights granted herein pursuant to Sections 2.1 and this Section 2.4 for Category Three products shall be effective: (A) after the Licensee has signed this Software License Agreement and returned this Software License Agreement to MOTOROLA at an address specified by MOTOROLA; and (B) the earlier occurrence of either. (I) MOTOROLA acknowledges to Licensee MOTOROLA's acceptance of this Software License Agreement in writing;or (ii) MOTOROLA ships to the Licensee an item of Category Three software as ordered by the Licensee. (C) THE BANKING, NEGOTIATION, OR OTHER USE OF ANY PAYMENT MADE BY THE LICENSEE, IF ANY, SHALL NOT CONSTITUTE AN ACCEPTANCE OF THIS SOFTWARE LICENSE AGREEMENT BY MOTOROLA. 2.4.2 If the Licensee wishes to use a particular version of a Category Three Program at more 1 than one location, then the Licensee shall obtain from MOTOROLA at least one copy of the Program for each such location. Provided such sufficient number of copies are so obtained, the Licensee may make additional copies of such a Category Three Program(s) to service a Site, or Sites, which Sites shall be expressly identified in purchase contracts pertaining to the Programs or otherwise identified in a written agreement at the time of sale that is signed by at least MOTOROLA. If a Site is not so specified, the Licensee then shall only make copies of the corresponding Category Three Program(s) in sufficient quantities to service the business address where the Program(s) was initially installed with MOTOROLA's knowledge. Within ten (10) business days of MOTOROLA's written request, the Licensee shall provide to MOTOROLA a written identification of all locations where the Licensee has the Program(s), or a copy of the Program(s). City of Ocoee 10/31/95 Exhibit B 18 2.4.3 The Licensee shall not use any Category Three Programs, or files that are accessed, created, or maintained by a Category Three Program, to modify a MOTOROLA Product, or cause a MOTOROLA Product to be modified, in any manner that: (A) constitutes an illegal, unfair, or deceptive trade practice under any applicable federal, state, or local law, rule, or regulation; or (B) constitutes an infringement of any of MOTOROLA's intellectual property rights, including MOTOROLA's patent rights, trademark rights, copyrights, and/or trade secret rights. 2.4.4 All right to use a Category Three Program under this Agreement may be terminated by either party without cause and for convenience upon the giving of ten (10) days written notice by ff� the terminating party to the other party. Licensee's notice of termination shall include a return to MOTOROLA of all originals and copies of any Program(s), including associated documentation, for which the Licensee seeks to terminate the license. Upon termination by MOTOROLA, the Licensee shall return to MOTOROLA all originals and copies of the corresponding Program(s) and associated documentation. 2.4.5 In the event of any failure by the Licensee to observe the terms and conditions set forth in either Sections 2.1 above or this Section 2.4 with respect to any Category Three Program, then in addition to any other rights and remedies that are available to MOTOROLA under law or equity, MOTOROLA may: (A) withhold performance hereunder; or (B) terminate the entire license under this Section 2.4; or (C) demand and be entitled to the immediate return of all copies of any and all items of Category Three Programs; or (D) repossess, by any appropriate means, with or without notice to the Licensee, all items of Category Three Programs. Such remedies shall be cumulative and without any obligation upon MOTOROLA to exercise any particular remedy. 2.5 CATEGORY FOUR SOFTWARE LICENSE: In addition to the rights and conditions set forth in Section 2.1 above, MOTOROLA further grants to Licensee a personal, non-exclusive Category Four Software License for any Program(s) provided to Licensee by MOTOROLA that is identified, in a writing, as being a category four (or level four) product. A Category Four Software License shall contain the following terms and provisions (in the event of any conflict between the terms set forth in Section 2.1 and those set forth in Section 2.5, the terms set forth in Section 2.5 shall prevail with respect to the specific terms in conflict): 2.5.1 Licensee shall not enable, disable, or otherwise add or delete feature functionality with respect to a MOTOROLA Product by accessing, altering, or reconfiguring the operability of a corresponding Category Four Program(s) except by a prior written agreement with MOTOROLA and with MOTOROLA's prior knowledge of the specific feature functionality to be enabled, disabled, or otherwise added or deleted. City of Ocoee 10/31/95 I Exhibit B 19 2.5.2 Notwithstanding any other provision in this License Agreement to the contrary, Licensee shall make no copies, archival or otherwise, in whole or in part, of any Category Four Program(s), [ except insofar as ordinary use of the Program(s) as prescribed by MOTOROLA shall create a copy thereof. IL 2.5.3 Licensee may transfer a Category Four Program(s) in its entirety to a Transferee, but only if the Program(s) is transferred as Embedded in a corresponding MOTOROLA Product, and only if the Transferee agrees in writing to use the Program(s) under license terms and provisions that are at least as restrictive as those set forth herein, and MOTOROLA is provided with a copy of such writing. 2.5.4 Licensee may use a Category Four Program(s) in its Embedded form in a corresponding MOTOROLA Product without territorial restriction, unless otherwise agreed to in writing by MOTOROLA and the Licensee. Section 3 MAINTENANCE DISCLAIMER 3.1 MOTOROLA shall not be responsible for support or field service of any Program under this ELicense Agreement. Any maintenance by MOTOROLA, if available, shall be by separate agreement on MOTOROLA's then current terms and conditions and at MOTOROLA's then current prevailing rates for such maintenance. ISection 4 TERM OF LICENSE AGREEMENT IL 4.1 This Agreement shall be effective from the date of MOTOROLA's approval as set forth below (or, in the case of Category Three Programs, as set forth in Section 2.4.1 above). The Licensee shall be able to acquire rights, subject to this Agreement, to use a Program(s) subsequently acquired from MOTOROLA, provided that such Program(s) is acquired from MOTOROLA at a time during the three (3)year term following the effective date of this Agreement. 4.2 The Licensee shall be perpetually entitled to use the Programs so acquired pursuant to the terms Lof this License Agreement for so long as the Licensee shall continue to use the corresponding MOTOROLA Products. Licensee's obligations under Section 2 shall continue past termination except insofar as the exceptions of Section 5 are applicable. 4.3 The right to use Programs under this License Agreement may be earlier terminated for the reasons set forth in Section 6 below. Section 5 EXCEPTIONS 5.1 The Licensee's obligations with respect to confidentiality under this Agreement shall not apply to those parts of a Program(s)that: 5.1.1 Is or becomes publicly known through no wrongful act on the part of Licensee; I 5.1.2 Is already known to Licensee at the time of disclosure; 5.1.3 Is rightfully received by Licensee from a third party without breach of this License Agreement;or City of Ocoee 10/31/95 1 Exhibit B 20 1 5.1.4 Is explicitly approved for public release by written authorization of MOTOROLA. 5.2 That an exception under Section 5.1 may be applicable shall not diminish in any way any other obligations the Licensee may have, such as those obligations that are based upon patent and copyright interests of MOTOROLA. Section 6 TERMINATION FOR CAUSE 6.1 A party to this Agreement may give written notice of termination to a breaching party if the breaching party commits a material breach of any of its obligations: (1) as set forth herein; (2) as set forth in a purchase contract for a Program(s); or (3) as set forth in any other agreement between the parties regarding such Program(s). The written notice of termination shall specify the material breach and must specify whether the entire License Agreement is being terminated or whether the License Agreement is being terminated with respect to a particular Program, or particular Programs. Upon receipt of the written notice of termination, the breaching party shall have thirty (30) business days to cure the material breach. In the event that the material beach is not cured during the thirty(30)working days, the License Agreement is terminated as specified in the written notice of termination. If the breach is one that is impossible to completely cure, a substantial cure shall be deemed to cure the breach. 6.2 Upon termination of this License Agreement in its entirety or termination of this License Agreement for any particular Program(s) by MOTOROLA for cause, Licensee shall promptly forward to MOTOROLA, or to MOTOROLA's designee, all copies of Programs for which this License Agreement is terminated. In the event a Program is Embedded in a MOTOROLA Product, the Licensee shall either return the MOTOROLA Product (or that portion of the MOTOROLA Product that contains the Program), or verify destruction of the Embedded Program. Section 7 WARRANTY 7.1 For the first one (1) year following its initial shipment, MOTOROLA warrants that, when properly used, its Programs will be free from reproducible defects that cause a material variance from its published specification. However, MOTOROLA does not warrant that Program operation will be uninterrupted or error-free, that each and every defect will be corrected, or that any Program will meet Licensee's particular requirements. 7.2 MOTOROLA'S TOTAL LIABILITY AND LICENSEE'S SOLE REMEDY FOR ANY WARRANTED PROGRAM SHALL BE LIMITED TO, AT MOTOROLA'S OPTION, PROGRAM REPLACEMENT OR THE PAYMENT OF LICENSEES ACTUAL DAMAGES, NOT TO EXCEED THE SUMS PAID TO MOTOROLA FOR THE MOTOROLA PROGRAMS AND THE MOTOROLA PRODUCT INCORPORATING THE DEFECTIVE PROGRAM. THIS WARRANTY EXTENDS ONLY TO THE FIRST LICENSEE; SUBSEQUENT TRANSFEREES ACCEPT THESE PROGRAMS "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. THIS WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 8 LIMITATION OF LIABILITY 8.1 The entire MOTOROLA liability to Licensee for damages concerning performance or nonperformance by MOTOROLA under the License Agreement or in any way related to the City of Ocoee 10/31/95 Exhibit B 21 subject matter of the License Agreement, regardless of whether the claim for such damages is based in contract, tort or otherwise, and Licensee's sole and exclusive remedy shall be limited to 1 the payment by MOTOROLA of actual damages not to exceed the total License fee paid by Licensee for the Program, or Programs that caused the damages or is the subject matter of or is directly related to such claim. 8.2 IN NO EVENT SHALL MOTOROLA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, TIME OR DATA, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS) TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW EVEN IF MOTOROLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM AGAINST LICENSEE BY ANY OTHER PARTY. 8.3 IN NO EVENT SHALL LICENSEE BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, TIME OR DATA, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS) TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW EVEN IF LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM AGAINST MOTOROLA BY ANY OTHER PARTY. Section 9 PATENTS,COPYRIGHTS, &TRADE SECRETS 9.1 If promptly notified in writing, MOTOROLA will defend any suit against Licensee to the extent that said suit claims that U.S. patents, copyrights, or trade secrets of another have been infringed by MOTOROLA's unaltered Programs and will pay any associated costs or damages finally awarded. Upon MOTOROLA's request, Licensee agrees to reasonably assist in any defense and surrender control of the suit to MOTOROLA with Licensee reserving the right to monitor and participate in any such suit. MOTOROLA, at its costs, may elect, at any time, to modify or replace these Programs (without unreasonable interruption to Licensee's Communication System) with equivalent non-infringing items, which provide the capability specified in the Purchase Agreement for those Programs, including but not limited to the Programs under the Communications System Agreement dated , 1995 with all of its Exhibits, obtain the right to continue using the Programs or, if these remedies are not reasonably available, to terminate this License Agreement with respect to such Programs. MOTOROLA shall have no liability for infringement that arises from any modification of MOTOROLA's Programs by Licensee or from Licensee's combination of MOTOROLA's Programs with another's. Section 10 U.S.Government LICENSE PROVISIONS 10.1 In the event that the Licensee is the U.S. Government or a U.S. Government agency, then the provisions of this Section 10 shall also apply. 10.2 All Programs were developed at private expense. Programs and associated documentation may or may not include a Restricted Rights notice, or other notice referring specifically to the terms and conditions of this Agreement. 10.3 Use, duplication, or disclosure of Programs and associated documentation under MOTOROLA's copyrights and/or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights clause at FAR 52.227-19. This FAR clause shall apply unless the Licensee is the Department of Defense, in which case City of Ocoee 10/31/95 Exhibit B 22 subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 shall apply. 10.4 Provided that MOTOROLA brings the terms and conditions of this License Agreement, in writing, to the attention of the purchasing agent of the procuring agency, the terms and conditions other than those set forth in Section 10 of this License Agreement shall each continue to apply, but only to the extent that such terms and conditions are not inconsistent with the aforementioned provisions of the FAR or DFARS, as applicable to the particular procuring agency and procurement transaction. Section 11 GENERAL PROVISIONS 11.1 Except as incorporated by direct reference as an exhibit in another written agreement, this License Agreement constitutes the complete and exclusive statement of the agreement between MOTOROLA and Licensee, and supersedes all oral or written proposals, prior agreements and other prior communications between the parties, concerning the subject matter of the License Agreement. 11.2 All formal notices, consents and other communications required or permitted under this License Agreement shall be in writing and shall be sent in such a way as to assure receipt by the other party. Either party may change its address for formal notices by written notice to the other party. 11.3 This License Agreement shall be governed by and construed in accordance with the laws of the United States of America to the extent to which they apply, and, where they do not apply, in accordance with the laws of the State of Florida. 11.4 No representation or promise relating to, and no amendment of, this License Agreement shall be binding unless it is in writing and signed by both parties. 11.5 The terms and conditions of this License Agreement shall prevail notwithstanding any variance with the terms and conditions of any order submitted by Licensee. Notwithstanding the foregoing, when this License Agreement is specifically incorporated by direct reference as an exhibit into another written agreement that has been signed by both parties and that includes terms that are directly inconsistent with terms included in Section 7 of this Agreement regarding the commencement or duration of warranty, or with terms included in Section 8.1 of this Agreement, then the directly inconsistent terms in the other written agreement shall prevail. 11.6 Neither party shall be liable for any failure to perform due to causes beyond its reasonable control. 11.7 No waiver by a party of any breach of any provision of this License Agreement shall constitute a waiver of any other breach of that or any other provision of this License Agreement. 11.8 Licensee recognizes that applicable Federal Communications Act and other statutes, laws, ordinances, rules, and regulations may change from time to time and that accordingly MOTOROLA in its sole discretion has the right without liability to modify this License Agreement to comply with such change; provided that written notice thereof is given to Licensee.. 11.9 In the event that any of the provisions contained in this License Agreement are held to be unenforceable,this License Agreement shall be construed without such provisions. City of Ocoee 10/31/95 Exhibit B 23 11.10 No action, regardless of form, arising out of the License Agreement may be brought by Licensee more than two (2) years after the cause of action has arisen. ACCEPTED AND APPROVED AS OF , 199 . MOTOROLA, INC. By: Name: Title: Date: CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Executed on: , 1995 Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 1995 LEGALITY this day of UNDER AGENDA ITEM NO. , 1995 Foley&Lardner By: City of Ocoee 10/31/95 Exhibit B 24 City Attorney Address for Formal Notices: Address for Formal Notices: MOTOROLA, Inc. 1303 East Algonquin Road Schaumburg, Illinois 60196 Attn: Intellectual Property Dept. Attn: 1 City of Ocoee 10/31/95 Al MOT0I40LA Land Mobile Products Sector October 31, 1995 Ellis Shapiro City Manager City of Ocoee 150 North Lakeshore Drive Ocoee, FL 34761 Dear Ellis: This letter should address the remaining issues between Motorola and the City of Ocoee. 1) Phone lines necessary for 800Mhz radio system - Following are the number and type of phone lines which will be needed for the City to run the proposed radio system: Qty Description Purpose 1 T1 Data Circuit Connects PD Consoles to Orange County System 2 4 wire, C2 data conditioned Connects Smartzone Manger Terminal and Printer for 19.2 KBS to Orange County System 2) Specifications of proposed Motorola radio system -The 800mhz radio system which Motorola has proposed to the.City of Ocoee meets the specifications of Orange County Contract#Y3-139. This is also reinforced by Ray Carlson (Orange County's Radio System Supervisor) in his letter to you dated September 12. 3) Definition of `site' - The definition of `site' in regards to the software license agreement (Section 1.6) is hereby defined to be anywhere in Orange County. I have also attached an adjusted maintenance agreement. The five year maintenance agreement's cost is already factored into t c $698,372 total system price. The details of this agreement are found in Section 3.0 M.zintenance and Warranty Support of the 800mhz trunked radio system proposal. As with the rest of the agreement, the maintenance agreement will be governed by the laws of the State of Florida. 2400 Maitland Center Parkway,Suite 200• Maitland, Florida 32751 •(407)875-0353• FAX(407)875-1664 MOTOROLA Land Mobile Products Sector This letter, as well as the leti.ers from Motorola dated 9/18/95 and 10/26/95, shall become a binding part of the 800mhz trunked radio system agreement between Motorola and the City of Ocoee. The `Precedence' of these letters will be referenced in the final proposal Section 5.0 Statement of Work. Sincerely, (IL' zr 12}-- Eric Wapole Account Manager Motorola Inc. I I I 2400 Maitland Center Parkway,Suite 200• Maitland, Florida 32751 • (407)875-0353• FAX(407)875-1664 I En 0 Li) J LLk w Ih?z W O ,> 3UO r""❑❑ Ly. M , (n W w Q (� ILLI Q U a a 11 c c h1t cncc Z 1-k t 4 Q U o _ _ 11.7 < xzzZ 11v.: I t 4k _1 O Q w =ui E.5 cc 2 ~¢OZ K " U J Z (�Z �'G p N Z U V z0Wa V }Q J Q I- 2 Z. ... ¢O IL W 0 zi OJ a - a? SERVICE AGREEMENT I7. DEF!NITiONS. .MotCrca re:eel!mean Motorola Communications and Effect cels etc -Customer'sea!!mean the customer namec in the Agreement and"Produce'sera"co:- ctively mean he Eeuioment arc secftware which Motorola and Customer agree to be serviced o-_rseen to this Service Agreement.Such Pro listed on the front of this Agreeme'!: 2. ACCEPTANCE.Thee ten's end conditions set!Orth on tee front and reverse side of this Agreement is an etre':to purchase Service by Customer welch shall become a Set-rite Agreement when ac;rrcc'•v!ereger,n writing by Motorolas Service Department:and the banking.negotiation or other use of any payment sea!i not constitute an acceptance by Mororo:a. is agreso thatService;nail a provided only on the terms art conditions contained in this Agreement.rotor;is shall not be bound by.err s and rend;t:'^ns:n Customer's purofrase L der or eisewne e_mess_x_east'}'agreed to.n t.nn ',Moe acceptance by Motorola s Sen ice De •aamant. etcrela's inter theere.S u:.s;geed Motorola.'tic. _ stnA3'r3?.., rd 3. SERVICE DEFINED a. Mole;::a agrees to oviee service C..c^mer fmr tr.e Product fisted on tee .on 'due tri me n Productthe g �r e`' ;side 's A;:ree. nt Such snail be serviced according to _'err^=a-� Conti gore on. _ .arc reverse side of this Agreement e. .The Service snail teem a end^cn theforth o et side of this Agreement.Motoroie shallalso Cates set C, the i.. .rvrce other Product inanuracturen Cv Motcr,ela arc p:..Chased by customer tunngg;ire term or:els Agreement J..the same terms and conditions set forth in this Agreement 'fie t en current service tees for soot)Product.Upon delivery et such other Protect to CUS:Ome' service tees`Cr Seneca of such other Product shalt be added to the billing cyca following pirecon of the labor weeran.ty on such other P.::tecr. In the event of foss, damage. thee er rerrovai from Serroe tre any Product. Customer shall immediately repcn tee iOCs, darage,theft or removal in'.tiritinc to Motorola. In this event Customer's obligation to Ca, service.fees'w.th respect to any 5::Ci Product shall terminate aI the end of the month i'. which Motorola receives such-';ritten report L b. Mebiie Product snail be removed and reinstalled in different vehicles at Customer's request for the service tee in effect at the time of Customer's request. c. Tres Agreement does not:nc!ude service of any transmission line, antenna.tower or tower lighting, unless soon work is described on the front side of this Agreement. rvice -.Mai: iectude the labor and parts required to repair Product wnich has become defective through normal wear and usage. This does not include consumables and their installation.Service does not Inciude the repair or replacement of°rocuct which has otherwise become defective,including,but not limited to,damage caused by accidrms.ehesiral or electronic abuse or misuse.acts of God,tires Cr other casualty. Service performed for non-covered repairs shall be billed at Motorola's above contract rata applicable ter streh -`:ice. Product once"contract r.:•est be ma:ntainec in environmental conditions as set forte ie.the Product specifications and damage resulting from environmental condition:=n. anferrning to the specifications is not covered by this Agreement. 0 Where te;epnone lines ane Product ars used In conjunction with Motorola maintainer Product,tviotcrola shall have no obiiteatron or responsrbitity for such telemectite iimes or Product out shall,Upon request assist the Tele,erione Company in repairing suchuoon payment at the acpropnateaboya contract rale. e. Customer shall indicate on the Imre'side cf this Agreement any Product which is lntrii'Sicacy safe sothat appropriate m Im to Such a a pro 'ate pars and procer;:r=;may be use:to a'n .. latus. I. At the expiration of twelve (121 months atter the commencement of Service hereunder(or any time thereafter). it Product cannot in Motorola's opinion be properly or onomical!y repaired,because(but not!!mited to)excessive wear.deterioration or unavailability of parts. Motorola at its sole option, upon thirty (30)days prior written notice tostorner sent by certified mail,may either: (1)remove such Product from this Agreement:or(2)may increase the price to Service such Product.Customer shall have thirty 3l days from receipt of notice of price Increase to object to such increase.If Customer properly objects to such increase,Motorola shall then have the option to remove such Product • rr coverage by this Agreement. Customer's obiigatior to pay Service fees with respect to Product removed from this Agreement shall terminate at the end of the month during rich such Product is removed. 4. SERVICE STANDARDS.The Product shall be serviced by Motorola in accordance with the following standards: (i)Motorola parts or parts of equal Quality shall be used: n!'he Product seat!be serviced at levels set torte in Motorola's product manuals:and(iii)routine service procedures prescribed from time to tune by Motoroia lot its Product she!! g b?followed. 5. TIME AND PLACE OF SE3Y!CE. a. SerJ;ce s.c• _e done Si tee:cca:ton.scwc fiec art the from Side of this Agreement.Where Service is to be performed at the location of the Product.Customer shell furnish .elter, neat. ii ht and power _. hose i.ne.o. nCostumer shall notifMotorola unmediately of Procuc:failure. allow Motorola tui and tree access to the Produce and tera:a ,,,iv with Motorolla.in tectoroie a servicing er the Protect;i3O.eer of ,• bitty by Motorola a•gains,Customer c'ne, restrictions Shalt not be imposed by Customer as a sib access requirement.Customer shall aliew Motorola t'r and free access TO the Product.Customer shall allow Motorola to use necessary machines.conm.ur::ca:lons.facilities.features an" her product(except as.normally S' n: `•emmo. and,_mc`J ? h ,theCenter 'ed Ua.,!EC b`! d'di at^.0 lar^ MnbiieS abL rOriiiC'.snail f'CeIIVer?C by Customer Motorola Service !f?O:C3'. or -:front side of this Agreement. ', o , ^ b. Hours of Ser'v'ice under this Agrees:ertt seall be tre norma''✓ro'k ng ecurs.excluding loridays.of Motorola's Service Center unless otherwise notated on be trent sets i This Agreement 5. PAYMENTPTAXES.Cr or about the dare earn pe.emerit is due as set toeit o^.ire front side of this Agreement,Motorola shall seed Customer an invoice covering tee e crV'C' -es for the next Payment Period.All other emerges stili be tilled monthly.and Inc Customer she!pay the amount of each invoice within ter Mee days of its date tC the Motorola 'lice designated by M.tcro!a. _ac :voce ctial he 7 and oayabie wnetner or not the Product is open. n Mo O.J a may terminate this Ar .. .ent by gluing Customer ter ,days notice oy certified mai!if Customer .,eta_.._, payment to MOtOrcla Customer ea"reimburse iettorole for Sirproperty!axes,sales and use taxes.exm.ss awes.:. ., u ,er taxes or assay ,.tills J.!'.:rediter'mposeo cy a. rC-!ty O`any Fe G,rr3r, State _ Lonat law. note or . dd on %vitt respect to Ire Sc^.n...,^. of.. PrO�CCI. e,:CC t-eO6:al :c;;re and pro.l taxes of Me!^emir^ and Stale income and fra,CM:__taxes of Motorola. .. RIGHT TO SUBCONTRACT.Motorola shall have tee right to sateeontract in .regio or - the. Service _ali2c Cr Cl this eenert. Mr;e. ra a. ..!notify ._nE% ; t he rte an address ee each curv E. REVSION ORF ES v Anniversary of thep.: _n D � inC C ore hoe;side.orAgreement. rot may revise he Service Sc' tho ... . .e of this Agreement o. ?it _ t,,.,c..or wrt._ net __f tee encl. ,of trio riu ,east... _as,siety tot, toys .til a_ tree C, trig.A i ,vats . mate.Upon rocelet cf any , -. ,__. Cestomer may rmirate a :rcec'ert tair:s on _...:e e any Ann.'_-s: _ or mire/i .airs p^or written „o,,,,_ to Mot. ,o sent Jy. _.rt„led �a:: . the 'ureas irdre?t_atieso Agreement; oo:hsr, se the new fees steal'te_er!e e eMere or .c S,. m er5a re date.Intie event of sett-tern-me to .art 6__ _e,..t..!inpaid charges en=` due anis payable ble nm dl .v.✓upon termination, r .. p S. AUTOMATIC RENEWAL.Af,tar the Expiration Cate:re-ea:le:on tie front s!0e of '5 Agreement, the Agreement Stow. continue for 5ucc:so ,e additional pe.. ods r•'erre sat-,provided that ether Motorola or Customer may ter. ,rata..^.is, yraer.ent on the Exp..e.on Case or an;•Anniversary of it pen thirty i3ie Fav`Gro'wrter r ::e f0 ih�,t'net party sent by certified mail to the address ird cited in this Agreemer. 10. INTERRUPTION OF SERVICE.Customer snali notify the ser'ricing agency in me event of the failure c'any Product.if tie servicing agency tells to repair the Product w tilt r. E easoreole tCustomer sos''rcitifythe Motorola office dee g a a by Motorola Aftersaid notce free,Customer to vee serLiC nG agencyarc to the.Motorola offrne design.ted Moto,oia eat be Jroe for any interrl ption or interference d eC Ty the o"a of ren m'ssic'r through tee Product mamarred to the e'te.et Gf e pro rata atiowence base': 1.,5 -rOC'.h,, .,2r!!ce fee .,r'r:trine such ,. p!C'1 Or,?tere'r?^Ce le atttil::utai.'C to me la..:i Of 'I•-.;torois or its Subccnt'a PJC Motorola does lot assume coo shell have no iialelev urelm 'moineat*Cr`aiiu .. to o0•✓J?e or delay in orovidem sehhc,r,'or tri. Cobol due direct:y or indirectly to causes teyenc the eontrc!Pf Motorola.:u g,ere'+C' ttr;;tcd t.`.1i.c of Geo nets Of ,e.;lot...ertam'y,;acts of the Unites Ste es.any S'a-e.Territory _ the elnitec S's,. ,or any poii,.Ca!suo'iy C,,.n of the`.J'wgomnm tre . .rt Cts , a ..i e to '.L eters e^.ployc'?5 C. DCOr E a]forS.f OCs, areal ;'uc-m.., quarantine restrictions. St Koen r freight _. u0`S . -. ally severe weather c. -Jon ✓ d.r?t'ts of Moterote setcosnt•eet .s due to any sup erieses 0 ,,.. y ., y 11. WARRANTY L!tet!T''TiCHS. EXCEPT AS SPECIFIED IN THIS AGREEMENT, MOTOROLA DISCLAIMS ALL WARRANTIES, EXPRESS CR IMPLIED, INCLUDING, W!TNOr.JT L!M:Tie:70N,THE NreL:ED WARRANTIES OF MERCHANTABILITY ANC FITNESS FO°A PARTICULAR.PURPOSE.IN NO EVENT SHALL MOTOROLA BE LIABLE '"'R INCIDENTAL OR CONSEC LtENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY GE DISCLAIMED BY LAW. Ie 12. FCC AND OTHER GOVERNMENT MATTERS.Ai'noug Mo ola may assist:n ore.af ,.cof the FCC license app ica.on.Customer Is sorely reseonsibie for Gleaning any rs=_s Or other at.':hurtzationo reCu.ed by'he Fede'ai Cerrruttc_.io.s Commission leFCC ;or any ctra'Frtrferel.State or Local governmental agency. <Customer scaly response : for complying vete applicable FCC 'u!es and regulations aridrn the applicable rules and regulations of any other Federal.State cr LCcci govementa:agency.NeitherMetre ea nor any of its employees is an agent of Costumer in FCC or other government;!matters.Motorola,however may assist ie praua,ration of the FCC license application at no charge to Cup tom?: 13. ENTIRE AGREEMENT.Customer acknowledges teat it has mad and understands the terms and conditions of the Agreement arc agrees to be ocund by them,that It is the Implete and conclusive statement cf the apreemeet between the paries and that this Agreement sets forth the entire agreement and a"derstandirr:between tee parties re!a:!r;; the subject matter nereof and ail unoeratar.•JIr'gs and agreements.oral old written.ler.:7=fore made between Motorola and Customer,are merged in this Agreement which alone lv and completely expresses their agreement. 14. AMENDMENT.No modtfica`crr of cr adrircns to tris Agreement shall be'reeding upon Motorola unless such rnoditication is in writing and teemed by the Motortea fly'si.rt service vice President authorized lc make such revisions and an authorized agent of Customer. Ilt15. VALID;TY.•f any term or pro'-ision c`this Agreement snail to,any extent be hale by a court or other tribunal to be invalid,void or uneetorCCdole.then that term or oven;tor. all be inoperative and void insofar as it is in core:iet wire law.but tin rema''ting terms and provisions of this Agreement shall nevertheless contrnee in full force and exact and:!u hts arid obligations of the parties shall be construed and ertorceu as if this Agreement di_ of contain the eameuiar term or drOvston void to be invalid.void 0 unenforceable. 16. HEACINGS.Section and paragraph neadings used..this.Agreement are for tonvenierce o::!v and are not to be deemed or construed to he part of this Acrre.ment. 17. LAW.THIS AGREEMEN^^TddAND THE RIGHTS AND DUTIES OF THE PARTIig SHALL 3E GOVERNED AND INTERPRETED.IN ACCORDANCE WITH THE LAWS OF THE 'ATE OF iwT Vr_•.f4O re.(04 18. ASSIGNMENT.No assignment or transfer, in wro!e or in par,of this Agreement by Customer shall be binding upon Motorola•.vithcut its trio+.written consent 19. WAiVER,FL:jure or delay on the part of Motorola Or Customer to exercise any right. power or privilege under t iS Agreement snail not operate as a waiver of 3hY right. power or pnvitege of this Agreement. 20. TIME TO SUE.Except for money due uuon an open account.no action shall be brought to any breach of this Agreement more than two e2)years after the dccruai of sport use of action except vhore a shorter limitation per roc is erevided by applicable law. MOTOROLA Land Mobile Products Sector October 26, 1995 Ellis Shapiro City Manager City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 Dear Ellis: Outlined below is a summary on the resolution between Motorola and the City of Ocoee on the last issues (as of 10/25/95) regarding the 800 Mhz radio system. 1) Interlocal Agreements Necessary for Ocoee to Operate New Radio System A) Letter from Orange County allowing use of radio system. B) Inclusion of Ocoee on Countywide (including all municipalities in the County) master agreement. 2) Equipment Delivery and Risk of Loss - All equipment for the Ocoee radio system will be shipped to the Motorola Service Center in Orlando. When the equipment has arrived, an inventory will be performed at the shop with a representative of the City of Ocoee present. When the inventory is completed, Motorola shall invoice the City of Ocoee for the 60% payment milestone 'upon delivery.' Motorola will still assume risk of loss while the equipment remains in the Motorola service center. When Motorola begins installation of the equipment, the service shop personnel will transport the equipment to Ocoee as needed for installation. Risk of loss will transfer to Ocoee when the equipment is brought to the installation site. The City will provide a locked, short-term storage location on site to keep some equipment during the installation period. Note that some pieces of equipment are not installed in Ocoee at all. A few of the items are required at the Winter Garden and Orange County Prime sites. Motorola will notify Ocoee when these items have been installed and risk of loss shall transfer upon this notification. 3)Timing of Cutover to New Radio System -After additional review, it appears that the existing Ocoee console can be relocated within the dispatch room to continue normal dispatch operations during the installation of the new system. Assuming no unforeseen complications arise, moving the console should take approximately half a day. 4) Fixed Network Standards of Dispatch Room-After additional review, the dispatch room equipment closet appears to have adequate clearance for servicing the equipment racks and does meet the three foot clearance standard. I 2400 Maitland Center Parkway,Suite 200• Maitland, Florida 32751 •(407)875-0353• FAX(407)875-1664 MOTOROLA \— Land Mobile Products Sector 5) Definition of 'Upon Installation' - The definition of 'Upon Installation' in regards to the payment milestone does not include the programming of the subscriber units (radios). However, the radios shall be physically available and producable for the City upon request. 6) Justification of Sole Sourcing-The equipment which is being proposed from Motorola can be purchased off of the Orange County Contract#Y3-139. This contract was previously negotiated between Motorola at:0 Orange County. 7) System Coverage in Future Buildings.-Motorola will notuarantee coverage erage in any structures which are yet to be built in the City of Ocoee. However, once built Motorola can design antenna systems and provide costs to improve problem coverage areas which may be apparent in these structures. 8) Sharing of Maitland Smartzone Manager Server- The sharing of Maitland's Smartzone Manager Server will in no way void the Warranty which Motorola upholds on the equipment. Iv ha a also attached to this document a copy of Motorola's terms and conditions for the five year maintenance contract. Coupling these resolutions with the updated System Agreement incorporating the Winter Garden agreement, should allow Motorola and the City of Ocoee to sign a mutually acceptable contract. Sincerely, r Eric Wapole Account Man er Motorola Inc. C I I 2400 Maitland Center Parkway,Suite 200• Maitland, Florida 32751 • (407)875-0353• FAX(407)875-1664 MOTOROLA Land Mobile Products Sector C September 18, 1995 Ellis Shapiro City Manager City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 Dear Ellis: I have included with this letter Motorola's response to the City of Ocoee's "Issues to Address." Some very good questions were raised and I hope I did a good job of responding to them all clearly. Please let me know if you would like a better explanation of any of the issues discussed. The proposed amendments to the Communications System Agreement by Paul Rosenthal is currently being reviewed by my contract administrator,Richard Brancale (201) 447- 7564. Per your request, I will have him contact Paul directly to sort out these issues. Sincerely, (A)(12j2. .iV Eric Wapole Account Manager Motorola Inc. I I I I I 2400 Maitland Center Parkway,Suite 200• Maitland, Florida 32751 •(407)875-0353• FAX(407)875-1664 L i Motorola's Response to the City of Ocoee's "Issues to Address" Dated 8/31/95 1. The City of Ocoee currently has adequate phone lines for the proposed 800mhz communications system. Please reference section 5.2 of the Motorola proposal and find that the new system will require four pair wires from the Fire Station to City Hall and eight pair wire from the Fire Station to the Police Station. Please notify Motorola prior to contract execution if any changes are made to the City phone lines. 2. The AC power for the proposed site is currently adequate. Please notify Motorola prior to contract execution if any changes are made to the Dispatch Room's AC power. 3. The location for equipment delivery can be addressed in one of two ways. First, all of the equipment can be delivered directly to the Motorola Service Center in Orlando (3382 Bartlett Blvd.). After all equipment has been received, an inventory of the equipment will be performed with a representative of the City, at which time title and risk of loss will transfer to the Purchaser. The Service Center installers can then bring the equipment to Ocoee as needed for installation. As a second option, all equipment can be delivered directly to the City of Ocoee's location. At the time of delivery, a Motorola representative will perform an equipment inventory at the Ocoee site, at which time title and risk of loss will pass to the City of Ocoee. Equipment delivery destination must be determined prior to equipment order. Motorola has not reviewed 9 or been advised of any proposed equipment storage locations at the City of Ocoee. 4. Section 4 of the Communications System Agreement addresses schedule for installation of the system, as well as equipment delivery locations and responsibilities. Motorola has reviewed the locations where the system is to be installed and found them to be adequate. The City does not meet the Fixed Network Equipment standards on spacing in the equipment room. FNE standards warrant a certain amount of space is given around an equipment rack. FNE standards are an internal Motorola code on fixed network equipment. Although this standard is not met, Motorola deems the location to be adequate. 5. The current communications system being used by the City of Ocoee will remain operational and accessible during testing of the new system. The only foreseeable area of interference at this time is at the dispatch center. It may be required to temporarily move aside the existing dispatch console or dispatch from portable radios for a short period of time during installation of the new dispatch consoles. 6. "Upon installation" is defined as physically installing the major components of the communications system including: • The CRT consoles at police dispatch I • The Central Electronics Bank(CEB) at dispatch • The rack of control stations at the fire station • Antennas installed for control stations • Two Uninterruptable Power Supplies (UPS) • Electrical modifications at dispatch center for CRT consoles and UPS Installation of two DGT9000's at City Hall "Upon installation" does not include making the system operational since this requires use of and access to phone lines to tie the system together. Since it will be the City of Ocoee's responsibility to provide these lines, having all the prerequisites necessary to make the system operational will not be fully under Motorola's control. In addition, programming, distribution and/or installation of the portable and mobile radios is not required for the "upon installation"payment. 7. Operating licenses for the 800mhz system are held by Orange County and the other municipal entities which actually own transmitter sites. Interlocal agreements between the City of Ocoee and the other municipal entities are the responsibility of Ocoee and should be complete before the new system is utilized. A software license will be needed for the City to program their radios. This license will be granted at the time the entire communications system agreement is executed. 8. Prior to contract signing, the Motorola Contract Administrator will be Richard Brancale at (201) 447-7564. After contract signing, the Motorola Project Manager will have responsibility for contract issues. 9. The Motorola Project Manager for the City of Ocoee's project is Dave Owen 1-800- 275-8037 X134. 10. [To be answered by the City of Ocoee] 11. [To be answered by the City of Ocoee] 12.Exhibit C was provided to the City and consists of sections 2 through 7 of the Motorola proposal. The Purchaser's Specifications referenced in the Communication Systems Agreement (also called Exhibit D) refers to cases where the Purchaser has released a Request For Proposal (RFP). The Purchaser's Specifications is a copy of the RFP. In the case of Ocoee, no RFP was released by the City and hence no Exhibit D or Purchaser's Specifications exist. References to Exhibit D and Purchaser's Specifications should be removed from the contract. 13. Interfaces with the County Orangeare detailed System m Exhibit C, Section 2 "System Description". to 14. Motorola would like to explain the difference between warranty and maintenance service. Warranty is a the manufacturer's guarantee that the products provided are free of defects. Motorola is offering a one year warranty on the proposed system. Product defects which occur at this time will be corrected free of charge by the C Motorola factory service center. However, this warranty does not guarantee defect free installation and operation of the system as a whole. This service is provided by the local service shop. After the one year warranty expires, Motorola offers a maintenance contract which is negotiated with the local service shop. This contract provides that the equipment sold to the City operates up to the manufacturer's specifications and up to the original contract guarantees. A budgetary figure has been given to the City for extended maintenance. This figure can be found in section 3.5 of the Motorola proposal. A multiple year maintenance contract can be negotiated using this budgetary price and the customer price index increase for each said year. 15. The parts most often replaced are the batteries and antennas for the portable radios. The batteries are around$50 and the antennas are close to $25. 16. Motorola will guarantee that all of the equipment we supply will come with the same one year warranty whether it is manufactured by Motorola or elsewhere. 17. All the products being supplied to the City are being obtained by the Communications Sector of Motorola. 18. The programming that the City of Ocoee will be interested in doing (console, portable, and mobile) is covered by Level One of the Software License Agreement and it is recommended that the City receive this level. 19. It is a good idea to keep back-up copies of the software programs. Motorola will provide the City with as many as you deem necessary. Motorola would suggest keeping two back-up copies. 20. Section 2.2.2 refers to the copying of software programs. Motorola allows for the copying of software programs as back-ups, however for no other reasons shall the software programs be copied. Section 2.2.3 refers to adapting the programs. This can not be done with the express written consent of Motorola. 21. Please see the answer toq uestion number 14. 22. Motorola advises the City to keep two copies of the software programs as back-up. C I I I 8/31/95 COMMUNICATIONS SYSTEM AGREEMENT: ISSUES TO ADDRESS WITH MOTOROLA (1) , Motorola should make an assessment regarding the adequacy g of the City telephone lines for the proposed system and advise the City in writing regarding this matter. (See Section 1.B3 of the Communications System Agreement) (2Y Motorola should advise the City regarding the adequacy of the City AC power for the proposed site. (See Section 1.B4 of the Communications System Agreement) (3) The Purchaser's Specifications should specify the site for the delivery and location of the equipment. (4) The City should have Motorola confirm in writing that the proposed site (as set forth in the Purchaser's Specifications) is adequate and meets the criteria set forth in Section 4 of the Communications System Agreement. (5) The City should clarify how the current communications system will function during the testing of the new communications system. (6) Section 6 of the Communications--S stem-Agree nt calls for a 11 certain payment to be made "upon installation" ' This term is not clearly defined and should clarifiedas)to the timing of the payment. (7) Various references to licensing requirements are set forth in the Communications System Agreement. The City should be advised by Motorola regarding the timing for obtaining these licenses. Additionally, the City should address whether the licenses should be in hand prior to execution of the Agreement. 0) Motorola should advise the Cityas to who is the "cognizant 9 Contract Administrator" . (9) Motorola should advise the City if it intends to designate a Project Manager pursuant to the Communications System Agreement. (10) The City should evaluate the status of all licenses needed to operate the System. (11) The City s.io uld provide Motorola with a copy of its tax exemption and receive a written confirmation that the information provided is sufficient. I C (12) The documents provided to the City do not include Exhibits C and D thereto. These need to be carefully reviewed since they are the substance of the Agreement. (13) The City should understand how the System interfaces with the County system in order to determine whether there is any impact on contract provisions. (14) The City should inquire whether a five year warranty, instead of a one year warranty is available from Motorola and, if so, the cost thereof. (See Section 123 of the Communications System Agreement) (15) The City should be generally aware of the cost of parts replacement after such item is no longer covered by the warranty. (16) Per Section 12F of the Communications System Agreement, the City should request a copy of all manufacturers' warranties with respect to any equipment being purchased. ir 17 Per Section 1.4 of the License ( ) Agreement, the City should confirm that all products are being obtained by Motorola's Communications Sector. If not, the definition of Motorola Products in the License Agreement should be revised. (18) The City should obtain information regarding the "Levels" of the equipment and products being purchased and obtained by the City. This should be identified in writing. The adequacy of the "Levels" should also be confirmed. (19) The City should inquire whether copies of the software programs should be made to protect against power failures and other possible glitches. (20) Reference is made to Sections 2.2.2 and 2.2.3 of the License Agreement. The City should confirm that these Sections are applicable and correct. (21) The City should inquire of Motorola whether a maintenance agreement is available and, if so, the cost thereof. (22) The City should verify the number of software program backup copies which are needed. 1: I CAWP5nD3CSOCOSISSUES.CSAIInI/93DEBBEEH FERAL I C 2.0 SYSTEM DESCRIPTION Citywide coverage for both radio to radio and radio to dispatcher is achieved through the use of the Orange County 800MHz Smartzone radio system. This system will work in conjunction with the Winter Park system and the systems being constructed by the Cities of Orlando and Maitland to provide the City of Ocoee extended coverage throughout the County. The "heart" of your system is a two position dispatch console located at the Ocoee Police Department. The overview is illustrated below. Console at Ocoee PD CRT CONSOLE 1 CENTRAL ELECTRONICS BANK CcIl Check AUDIO CIRCUITS TO EXISTING BIM(4) LOGGING RE COR DE R(4) CRT CONSOLE 2 AIMI — Call Check 8 PAIRS TO FIRE HOUSE — — — TT OM(1) (CONTROL STATIONS) T1 OIRCUR TO TTOM(1) — FORSYTH ROAD ((VIA WINTER GARDEN) Ei BIM(3) 6 PAIRS TO FIRE HOUSE7KVA (EXISTING BASE STATIONS) UPS SURGE PROTECTORS Two CRT console dispatch positions will be provided that can access all required talkgroups, as well as the base stations located at the Fire House. These base stations consist of three existing VHF units, as well as four new control stations used for logging and emergency backup. A new Call Check recorder will be provided for operation with CRT Console position 1, while your existing Call Check recorder will be used for CRT Console position 2. Both CRT Dispatch positions are connected to the Central Electronics Bank (CEB). The CEB is configured to support the two CRT consoles and interfaces directly to Orange C Motorola,Inc. C County's Smartzone Switch via a T1 digital circuit. Equipment has been provided to permit the T1 to be routed between the Winter Garden transmitter site and Orange County's Smartzone Switch site located on Amory Court in Winter Park over Orange County's existing microwave system. A leased T1 circuit is required between PD Headquarters and the Winter Garden transmitter site. li An 7 KVA UPS provides uninterrupted power for the CEB,both CRT Console dispatch positions,both the new and existing Call Checks, and the existing logging recorder for several minutes, allowing time for your existing generator to come on line. Spectra control stations, located at the Fire Station and controlled from each console position, provide the capability to log talkgroup conversations as well as provide redundancy in the event that the consoles lose communications with the Orange County system. The actual logging recorder and 2/4 interconnect with tone filter are the responsibility of the City. The control stations at the Fire House are illustrated below. E Fire House Equipment V CONTROL CONTROL E _ STATION 1 - STATION 1 (DESKSET 1) PD 1 V V 4 PAIRS TO CONTROL CONTROL DESKSETS STATION 1 - STATION I (CITY HALL) DESIGSET 2 PD 2 E 8 PAIRS TO CEB - CONTROL (POUCE HDQ) STATION 3 IAPOPKA SURGE PROTECTORS ` A CONTROL UPS STATION 4 P.WORKS The two control stations connected to Desksets at City Hall are capable of multiple modes of operation. Although two are included in this proposal (Building Maintenance and City IHall), any number can be used depending upon needs. C ii Motorola,Inc. Each control station comes with an omni directional antenna(except Apopka)and a 50' of 1/4" transmission line,providing flexibility in the placement of the equipment. The Apopka control station is supplied with a directional antenna. An 850 VA UPS provides uninterrupted power for all six control stations for several minutes, allowing time for your existing generator to come on line. The system includes a quantity of mobiles and portables as follows: • Qty 119 MTS2000 Portables, 3 watt • Qty 13 Spectra E7 (SmartZone) Mobile, 15 watt • Qty 5 Spectra Desktop or Control Stations Various options such as speaker microphones, spare batteries, carrying cases, battery chargers, and battery conditioners have also been included. All mobile and portable radios for Public Safety applications will be programmed with SmartZone software. These radios will have the capability to roam throughout Orange County and automatically register on any of the nine Orange County transmitter sites dictated by the Orange County controller as having the best signal strength. All shared use of the Orange County (and any other agencies') infrastructure is dependent on an agreement between the City of Ocoee and Orange County (as well as the other agencies). Most of the non Public Safety subscriber units are programmed with StartSite software and are not capable of automatically roaming throughout the county. The StartSite units will be capable of registering only on the Orange County simulcast system. C C I C Motorola,Inc. C C 2.1 SYSTEM FEATURES All subscriber units within the Ocoee system will either be StartSite or SmartZone. r StartSite and SmartZone are Motorola software packages and are independent of the hardware configuration. StartSite is a less sophisticated package with fewer features than SmartNet or SmartZone. SmartZone is Motorola's premier solution to wide area communications. It builds on Motorola SmartNet trunking technology to provide an integrated approach to communications throughout Orange County. The trunking technology used is SmartNet - which acts as the platform for Motorola SmartZone wide area integration. The Motorola SmartNet trunking platform includes these SmartNet II features: System Access Calling and Operating Automatic Retry Talkgroup Call Queuing Unit Registration Callback Announcement Call Talk Prohibit Tones Talkgroup Merge Out-of-Range Tones Emergency Alarm* Recent User Priority Emergency Call* Misdirected Radio Protection Selective Private Calling Continuous Assignment Updating Call Alert Radio Paging System Control System Reliability Network Capacities Dynamic Regrouping* Self Diagnostics 48,000 Individual IDs Storm Plans* RX Interference Shutdown 4,000 Talkgroups Selective Radio Inhibit TX Power Failure Shutdown 28 Channels per Site PTT ID Display Control Channel Reliability 32 Sites per Zone Flexible Fleetmap Redundant Hardware Design * Not supported on StartSite MOTOROLA,INC. C The SmartZone signaling system can accommodate up to 48,000 individually addressed field units. These units can be divided into 4,000 unique work groups. This capacity along with the multi-level approach of SmartNet II work group assignment provides virtually unlimited freedom in the assignment of radios and user groups throughout a large wide area network. This added flexibility allows the radio system to conform to your operations. L MOTOROLA,INC. C 1 2.2 CentraCom II Console The Ocoee communications system will utilize a console system which will interface to the SmartZone audio switch via the Ambassador Electronics Bank (AEB). Motorola is proposing the new CentraCom Series II Plus Trunked CRT Consoles to meet the requirements of the City of Ocoee. These trunked consoles will have the capability to control the proposed trunked system and be located at the Ocoee Police Headquarters. CentraCom Series II Plus Consoles can be divided into two basic groups: Dispatcher Position(s) Central Electronics Bank(CEB) Dispatcher Positions: The proposed SmartNet trunking system will consist of 2 CRT based operator positions. Each console position will consist of a single IBM computer with custom software, 14 inch color monitor, trackball console interface unit and call check. (One console position will receive a new call check; the other console position will use the existing call check.) Central Electronics Bank (CEB): The Central Electronics Bank is an electronics package that houses the interface modules for operator positions, base stations, monitor receivers, phone patch lines, and auxiliary inputs/outputs. It is in the Central Electronics Bank that all of the audio routing is performed via the Time Division Multiplex process. I C MOTOROLA,INC. C I CentraCom Series II Plus CRT Console Introduction The CentraCom Series II Plus CRT console offers full console control through a CRT monitor. The : CRT console offers Ocoee the following - Ease of use. Consistent operator initiated steps. - Flexibility. The user-defines the screen displays. - Space efficiency. All control items are located on a 14" monitor. The operator executes functions and operations by using the screen interface to position a screen pointer (cursor) on the screen and pressing one of three buttons on the screen interface: Choose Button: Pressing the "Choose" button while the screen pointer is located over an object (or "Choosing") is similar to pressing a switch on a Buttons & LED console. General Transmit Button: This operates similarly to the "Transmit Bar" on a switch-based console. Pressing it allows the operator to transmit over the selected channel(s), regardless of the position of the screen pointer. A general transmit may also be performed by using a foot switch. Instant Transmit Button: Pressing this button while the screen pointer is located over a channel's Control Channel Window choose area allows the operator to instantly transmit over that channel. CRT Console Screen Description and Operation A 3-button trackball and an alphanumeric keyboard provide all required screen interfaces. The operator executes functions and operations by using the screen interface to position a screen pointer (cursor) on the screen and pressing either the choose button, general transmit button or instant transmit button. I MOTOROLA,INC. I C Function Menu Keys and Function Menus The Function Menu Keys along the bottom of the screen are used to access the function menus. Dispatch functions are operated through these menus. A listing of these functions follows: Paging Instant Recall Manual Page Supervisor Input Order Pages/Alphabetic Pages Console Disable Program Pages Channel Disable Group Pages Diagnostics Display All Mute Move Windows Help Show/Hide Options Monitor Intercom Display Aux. Control Screen/Radio Control Screen Operator Position Capability A standard CRT operator position has the capability of controlling the following: • A total of 60 conventional chan.nols, and trunked talk groups • 150 channel options and auxiliary controls I I MOTOROLA,INC. L I Speakers Two speaker/amplifiers will be provided per console position. Both speakers will face forward, toward the operator. The left-most speaker will reproduce the audio from the channel(s) that have been selected for operation. The right-most speaker will reproduce the audio from all the other active channels in the console. Each speaker amplifier will contain a guard tone filter and a volume control. The volume control will allow the volume to be reduced to a totally inaudible level. Microphone A high quality gooseneck microphone having a uniform frequency response and a minimum front-to-back discrimination of 15 dB will be provided on a 9-inch flexible arm. The microphone will incorporate a hum resistant design and will be usable near CRT displays. The microphone may be placed on either side of the console. The microphone amplifier will include a speech filter that is tuned to the guard tone frequency. Headset Jacks Dual Headset jacks will be provided which allows the operator to hear select audio via a headset and to allow the operator to respond via a microphone attached to the headset. This jack will be compatible with either 4 or 6 wire headsets. Inserting the headset plug into the headset jack will automatically disconnect the console microphone and select speaker and disable the acoustic feedback cross-muting features. The base station transmitters will be keyed via the trackball or the foot switch. Each headset jackbox will be equipped with a cable that connects the jackbox to the console. The length of this cable will allow the jackbox to be mounted in a logical location at the time of installation. The cable will be long enough to provide the proper cable dressing upon installation. Dual Footswitch The footswitch operates as an extension of the transmit and monitor switches and facilitates these commonly used functions without the use of then hands. I MOTOROLA,INC. Screen Display A small portion of the screen will be designated to give system and other information to the operator. It will contain information on system status, any central electronics or operator errors, and the time and date. This information will be displayed in text that will be understandable to the operator. This area will always be visible during dispatch operations. A time display (Hours:Minutes:Seconds) will be provided at each operator position. Either a 12- or 24-hour display format will be available. The display will be synchronized to the time generator in the central electronics package; therefore, all operators' clocks will be synchronized. Setting the time at the primary supervisor's console will change the time display on every console. Only the primary supervisor will have this capability. Console Display In order to minimize potential distractions to the operator and to free space on the screen for other uses, a channel summary list will be displayed on the screen. This summary list will contain the names of all channels accessible at this operator position under the present configuration. The user will be able to determine the amount of space on the screen that the channel summary list will occupy, from 0 to 7 columns (of 8 total screen columns). In order to maximize space available for channel control windows, a one column channel summary list able to contain all of the channels may be set up; it will be scrollable, allowing the operator to access all of the channels without requiring that they all be permanently displayed on the screen. Otherwise, a multiple-column channel summary list which can display all channels on the screen may be set up. When a channel is displayed in the radio work area (full radio activity display) it will be inactive in the summary list; all operations are to be performed on the channel control window in the radio work area. When a channel is not displayed in the radio work area, it will be active in the summary list. An operator will be able to perform the following operations upon an active summary list channel: use the channel to transmit pages; and instant transmit over the channel. Visual indication of these activities will be displayed when they occur. MOTOROLA,INC. 1 In order to minimize operator distractions, the audio for channels in the summary list will normally not be heard and no indication of incoming calls will be seen. However, the user will be able to set up channels, on a per channel basis, so that when they are active in the summary list, their audio will be heard through an unselect speaker and there will be visual indication of incoming calls and parallel operator busy. Indications of any radio activity or operation on an active summary list channel will be similar to the indications which would appear for that activity or operation in a channel control window. Channel Select An operator will be able to select a channel control window with only one button-press. The operator will select a channel by choosing the actual channel control window on the screen. When a channel control window is selected, the channel name will appear on a green background. Selecting the channel control window will route receive audio to the select speaker and will route microphone audio and PTT signals to the corresponding repeater interface. Selecting any channel control window will deselect all other channel control windows (unless the console is in the Multi-Select mode). I Volume Key One Volume Key Display will be provided on each channel control window. Volume level will be indicated both numerically and graphically. The Volume Key Display will provide 8 distinct volume levels. The volume level will automatically revert to the full level when the corresponding channel control window is selected, although the operator may manually switch to the variable level after selecting the channel. I I I I MOTOROLA,INC. C Patch Indicator A patch indicator will be included on each channel control window. This patch indicator will show: whether the associated channel is in a patch at this operator position and which patch it is in; if it is in a patch at another operator position; or if it is in an idle patch. A channel may participate in only one simplex patch at a time. It will be possible to establish up to three simultaneous simplex cross-patch conversations per operator position. A patch will not inhibit the operator from continuing with normal dispatching functions. In order to minimize potential distractions to the operator, no text or other indication will be displayed in the channel control window or elsewhere on the screen when the channel is not involved in a patch. Busy Indicator A "Busy" indicator will be provided on each channel control window. The word "Busy" will be displayed whenever any parallel operator connected to the same base station is transmitting on the channel or talkgroup. In order to minimize potential distractions to the operator, no text or other indication will be displayed in the channel control window or elsewhere on the screen when a parallel operator is not transmitting. Mute A timed unselect All Mute function will be provided on the screen that mutes all console unselect audio by 42 dB after the function is activated. The audio will be automatically restored to previous levels after 30 seconds or when the key is chosen a second time. This automatic timer will be field adjustable up to 255 seconds via a field PROM change. The muting level will also be field adjustable from 0 to 42 dB in 6 dB increments via a field PROM change. This function will be hidden from view until it is required by the operator. I C I MOTOROLA,INC. 2.3 SMARTZONE RADIOS An integrated SmartZone infrastructure is only part of what is necessaryto have a truly intelligent communications system. The Zone Controller is kept up to date on the location and affiliation of talk-group members throughout the network by the SmartZone subscriber units. The City of Ocoee's public safety users will be equipped with SmartZone subscriber units. SmartZone Subscriber units feature: • Enhanced Unit Registration • Enlarged CC Scan list • RSSI (Receive Signal Strength Indication) • Soft Power Down • Preferred Site Enhanced Unit Registration One of the main operating principles for a SmartZone wide area system is the enhanced SmartNet function of Automatic Unit Registration. This feature ensures that the individually addressed subscriber units continually inform the Zone Controller of any change in operational status. The radio registration information contains the individual radio ID and the current group selected by the radio. This is forwarded to the Zone Controller via the RS232 data link. The Zone Controller creates records for each work group, radio unit, and radio site locations. Enhanced site registration occurs when a radio is turned on, the push-to-talk switch is depressed, the talk group selector on the radio is changed, or when the radio switches sites (i.e. when a radio travels out of the Ocoee coverage area and into the Orange County coverage area) . In this way, the Zone Controller is always kept up to date on the most current status of every radio operating in the system. This feature improves communications reliability because the radio user never has to switch channels and does not risk getting lost in the system. I MOTOROLA,INC. I I This feature allows SmartZone to act as a truly dynamic wide area system. Since the Zone Controller always knows the current location and work group selection of every user on the system, it can dynamically assign sites for wide area calls. In addition to automatic site registration, the SmartZone system also performs deregistration of units that are operating on the system. An example of this is SmartZone's site change feature. When a radio unit moves from one site to another, the radio will automatically register at the new site. Correspondingly, the Zone Controller deregisters the radio at the old site. This ensures that channels are used efficiently at every site and only where talkgroup members are located. A second form of deregistration which occurs via the Zone Controller is through a time- out-timer. If a radio unit drives out of range of the system, it will be unable to communicate or inform the system that it is out of range. To combat this, an inactivity timer is established at the Zone Controller. If radio activity is not encountered during a specified period of time, the Master Site will interrogate the radio at the last active site. If the radio answers, the Zone Controller will update its list and reset the timer. If however, the radio does not send an acknowledgment, the Zone Controller removes the unit from "active" status and deregisters it from the system. This ensures that all resources are used for maximum call efficiency. Because of Enhanced Automatic Unit Registration, when the radio comes back into range of the system, it will automatically re-register with the Zone Controller for immediate system access. Thus, user communications reliability is maintained. I Enlarged Control Channel Scan List In addition to Enhanced Unit Registration, SmartZone subscriber units offer some additional advanced radio networking and control features. Every SmartZone radio has an enlarged control channel scan list. Since a wide area system is composed of multiple sites with different frequencies, a longer scan list is needed to give system wide roaming capability without user intervention. However, since SmartNet trunking does not require every channel at a site to be a control channel (only four per site are potential control channels) the total scan list is kept to a minimum. This reduces channel scan time and eliminates the need to reprogram subscriber units when new channels are added. MOTOROLA,INC. Receive Signal Strength Indication A second enhancement is the Receive Signal Strength Indication (RSSI) feature. SmartZone subscriber units are able to measure the signal strength of adjacent radio site control channel signals. In this manner, the radio will automatically lock on to the site with the best signal strength and corresponding audio quality. This provides pro-active site switching without any radio user action. This is what gives SmartZone radios their ability to roam from site to site in a effortless transparent manner. A SmartZone subscriber unit always knows the signal strength of adjacent control channels using RSSI. When moving from one coverage area to another, the radio will pro-actively switch to the new site with a better signal strength and corresponding audio quality without user intervention. The radio automatically registers at the new site using enhanced radio registration. The Zone Controller updates its database and deregisters the unit at the old site. Soft Power Down When an Ocoee radio unit is turned off, it will also perform a soft power down and de- register with the system. The Zone Controller then removes this radio from its "active" list. The combination of pro-active site switching, automatic radio registration and radio deregistration simplifies user operation while ensuring that frequency resources are utilized efficiently throughout the system. Preferred Site A SmartZone system can also be configured with preferred site operation. This allows radio users to maintain conversations on a preferred site based on operating requirements and group conversations. In areas with overlapping coverage, radios will work on their preferred site in order to efficiently utilize channel resources while minimizing the number of channels necessary to complete a talkgroup call. The Orange County simulcast site will be configured as the Preferred Site to the radio users of the City. I I I MOTOROLA,INC. I 2.4 EMERGENCY AND INTERAGENCY COMMUNICATIONS Motorola is proposing a system to the City of Ocoee that will be compatible with the Orange County, Seminole County and Osceola County SmartNet systems as well as the cities of Apopka,Winter Park and Maitland. Compatible radio systems use "like" signaling formats. Individual radio units from compatible systems may operate on either system without relying on any physical or electrical interconnection between their host systems. Thus these radios are free to roam between the systems provided that the radios are activated with valid ID's for each system. In the event of failure of one host system, the users from that host system can be fully supported by the surviving system. No two vendors of trunked radios manufacture systems with compatible signaling formats. This is an important consideration for system operators concerned with maintaining communications through a disaster such as a hurricane where the vulnerability of antenna systems and electrical power may force a system temporarily off the air. Compatible trunked radio systems also offer virtually unlimited numbers of"trunked talkgroups" to allow any number of simultaneous conversations related to the immediate situation, to be conducted. Forward and backward compatibility refers to Motorola's commitment to produce systems, and radios which continue to be compatible with each other despite enhancements to those products. This commitment by Motorola ensures the City of Ocoee that the system that they purchase will not become obsolete by future technology. Motorola has proposed a SmartZone system with SmartNet II features for the City of Ocoee. Seminole County and the City of Apopka have successfully operated their Motorola SmartNet systems for several years. Recently, Orange County, Osceola County, the City of Kissimmee, the City of Maitland, and the City of Winter Park have purchased SmartNet II systems. The Motorola SmartNet II System is forward and backward compatible with existing SmartNet and Privacy Plus systems. With a Motorola 800 MHz SmartNet trunked radio system, the requirement for the radios to be capable of communicating with the SmartNet radio systems of the above governmental agencies will be easily attained through DIRECT AIR-TO-AIR COMPATIBILITY with those existing systems. I MOTOROLA,INC. L This means that a City of Ocoee radio user,with a Motorola SmartNet radio,will be able to communicate directly on those existing systems in the same manner as he or she would communicate on Ocoee's own SmartNet system. Motorola realizes that redundancy is a very important concern. Motorola is proposing four(4)control stations at the Fire House equipment room to build additional redundancy into the dispatch capabilities of the system. For example,if communications between the Ocoee dispatch console and the Orange County system malfunctions, the control stations can be used by dispatchers to maintain communications with the Ocoee fleet. In summary, Motorola has provided the City of Ocoee an emergency method to communicate with four (4) different talkgroups operating on the system. Your logging recorder activity will continue without interruption, insuring that important radio conversations are recorded even during console downtime. C By purchasing a Motorola SmartNet II system,the citizens of Ocoee will be provided a level of redundancy and public safety communications previously unavailable! 1 C C MOTOROLA,INC. I 3.0 Maintenance And Warranty Support Motorola Customer Service Division Overview The Motorola Customer Service Division is committed to providing the service needed to keep the City of Ocoee's communications system operating as it was designed to operate; and this commitment is not new. Since 1947, we've been building and refining a distinct, comprehensive service organization, national in scope, but local in its ability to respond to our customers immediate needs. As product and system complexity have evolved over the years, the service organization has responded by developing new service programs and procedures that continually upgrade the skills of service personnel. Through our vast experience, we have learned to perform efficiently and effectively, thus enabling Motorola to provide the highest level of service available. At the present time there are over 900 Motorola Service Centers throughout the country, staffed and equipped to service today's complex communications systems. These service centers combine the resources of a national system with the convenience of local service. If an emergency arises, there are numerous resources to call on for back-up. C City of Ocoee Plan Thisre represents osal p p p sents a state of the art communications system. While the test equipment required for service is that of a well equipped service center, the system technical skills required are unique. The service team will supply all the required test equipment, technical staff and replacement parts to maintain the system at its designed level. Motorola will be using the Motorola Hi-Tech Service Depot to diagnose both hardware and firmware problems on equipment or modules that are not field repairable. Repair cycle time is reduced by using field replacement units (FRU) with repairs done at the Hi- Tech Depot. MOTOROLA,INC. REVISED 10/10/95 I L The City of Ocoee has all the basic concerns that are inherent in managing any group of widely dispersed objects. These are: • Monitoring the state of the objects ( switches,radios, etc. ) • Reporting anomalous conditions ( alarms ) • Fault isolation and localizing problems • Scheduling preventive maintenance • Engineering and planning equipment growth and operation • Maximum system up-time • Convenience of service • Budgetable maintenance expense • Longer equipment life • Reliability With Motorola's proposed service support these concerns can be alleviated. The following describes the elements of our service support. This same support will be provided during the twelve month warranty period. Local Service Motorola service starts at the local level. There is a Motorola company owned service center conveniently located at 3382 Bartlett Boulevard in Orlando. This service center is furnished with fully equipped service vehicles, "state of the art" test equipment and a substantial parts inventory valued at over$ 100,000.00. Parts not in stock can be received overnight. This service center is tied in to the most comprehensive computer network in the radio industry. This allows the capability to track every unit by serial number or vehicle number,provide detailed repair records, and provide accurate inventory control. Motorola's technicians must as a minimum, have the following qualifications: • Hold a general Class Radiotelephone license issued by the Federal Communications Commission, or a certificate of competency from the National Association of Business and Education Radio (NABER). MOTOROLA,INC. REVISED 10/10/95 • Have a good electronic and technical background with a thorough understanding of the type of equipment to be maintained. • Be schooled in the specific products to be maintained through the Motorola training program prior to assignments. • In addition,each technician will be scheduled to attend advanced schools or classes to improve proficiency in troubleshooting and servicing procedures should the industry develop such new techniques and methods. Each year the employees complete extensive training. This ensures that the technicians have the latest information available needed to service or install the many different types of Motorola products. I MOTOROLA,INC. REVISED 10/10/95 3.1 Warranty Motorola warrants this equipment to be free from defects in material and workmanship for a period of one (1) year commencing on the date of acceptance. All other terms and conditions of the attached " Standard Commercial Warranty " apply. The warranty on Motorola software is that a product program shall be free from reproducible defects that cause the product program to fail to conform in a material fashion to Motorola published specifications for the product program. Motorola does not warrant that the operation of a product program will be uninterrupted or error free, or that each defect in a product program be corrected, unless it affects the operation or proper functioning of the communications system. C Lw I MOTOROLA,INC. REVISED 10/10/95 3.2 Response and Restoration Time Motorola guarantees a 4 hour response time forublic safety. After hours, service calls P tY are taken by Motorola Central Dispatch. Central Dispatch is staffed by teams of trained operators who are available 24 hours a day, 365 days a year. A built-in alert function provides for the escalation to successively higher levels of Motorola's management of any delays in the restoration of your system. Central Dispatch can also provide a complete history of service calls performed on your system. I I I I MOTOROLA,INC. REVISED 10/10/95 LI 3.3 Service Hours Motorola will service and maintain equipment durin the warrantyPeriod on the following working hour basis: A. Fixed Equipment-24 hours per day, 7 days per week. 365 days per year. B. Mobile and Portable Equipment- 9 hours per day, ( 8:00 a.m. -5:00 p.m. ), Monday through Friday. It is the responsibility of the City to drop off and pick up this equipment at the Motorola Service Shop at 3382 Bartlett Blvd in Orlando. I r C C MOTOROLA,INC. REVISED 10/10/95 I 3.4 Preventive Maintenance Motorola shall perform preventive maintenance on the following schedule as part of the warranty and it will be included if extended maintenance is selected : A. Console shall be cleaned and components checked once per year. B. Channels shall receive preventive maintenance and F.C.C. checks twice per year. C. Subscriber Units shall receive preventive maintenance and F.C.C.checks once per year as requested by customer. I I MOTOROLA,INC. REVISED 10/10/95 L 3.5 Extended Maintenance After the commercial warranty has expired the City of Ocoee has indicated they would like to enter into a five year maintenance agreement. Motorola will continue to service the City of Ocoee as governed by sections 3.2,3.3, and 3.4 under this maintenance agreement. Five Year Cost $ 73,600 C C C I MOTOROLA,INC. REVISED 10/10/95 4.0 Training General Recent technology advancements have provided communications users with voice and data resources beyond what was previously imaginable. Comprehensive training must be conducted on these new systems to ensure that the users are able to maximize the efficiency of these systems. Motorola is proposing to offer a comprehensive training program that has been designed to specifically address the City of Ocoee's requirements. Operator/User Training It is recommended that the operator and dispatcher training take place at your location, using City owned equipment. This will take the form of a series of hands-on classes that will allow each of the participants to perform the actions required to successfully operate their part of the City's system. The process of training all operators using the new SmartNet/SmartZone trunked system and its various sub-systems will be best accomplished by training a select group of City personnel and have them in turn, train the remainder of the people. This allows the course instructors to be on hand for any user questions that may come up during the first months of operation. It also provides the City with an available pool of trainers for any follow up user training the City desires. We are proposing to break down the operator training into segments consisting of CentraCom Series II Consoles, Desktop Console and Mobile and Portable Operator training. In this manner, those operators who need training on a specific piece of equipment can be scheduled as required. The training would consist of lectures as well as the actual use of the equipment that the operator will be using on a daily basis. I I MOTOROLA,INC. The first day of training will be for the local government personnel. It will include operator training on the MTS2000 portable and the desktop console. The second day will be dedicated to police department for MTS2000 portable and Spectra mobile operator training. A third day will be used to train personnel on the use of the Centracom CRT console. The Dispatcher class will be customized as much as possible to cover options and features installed in the City's console system. Each class will be formatted in the `train the trainer' format and will therefore be limited to 12 students per day. No videotaping of the training sessions is allowed. r If the City realizes a need for expanded training or more classes than specified, new terms can be negotiated between Ocoee and Motorola. I MOTOROLA,INC. I 1 5.0 Statement of Work Overview The Statement of Work( SOW) is a document that will define the deliverables, tasks, and responsibilities of both Motorola and The City of Ocoee. The SOW will include Motorola furnished items, City of Ocoee furnished items, implementation schedules, and acceptance testing. Precedence The three letters addressed to Ellis Shapiro and dated 9/18/95, 10/26/95, and 10/31/95 shall take precedence in regard to questions in deliverables, installations, and responsibilities. This document will take precedence in all issues not specifically addressed in any of the letters. I Quality All work will be consistent with current industrystandards and comply with Federal, PY State, and Local regulations. Installation will comply with Motorola's R-56 Quality Standards Manual. Cutover Motorola will work with the City to establish a mutually acceptable cut over plan. This plan will outline both the technical and procedural guidelines to transfer operations to the new communications system. Motorola understands the communication needs of public safety and will diligently work to minimize or eliminate any down time. Emergency Power A 7 KVA Uninterruptible Power Supply (UPS) will be provided for the use in the Communications Center to supply power for the Motorola equipment provided in this contract at this location, as well as three existing desktop computer terminals, an existing C MOTOROLA,INC. REVISED 10/31/95 I C call check recorder, and the existing logging recorder. Emergency generator power will be provided by the City of Ocoee. A 850 VA Uninterruptible Power Supply (UPS) will be provided for use in the Fire Station to supply power for the six Motorola control stations provided in this contract. Emergency generator power will be provided by the City of Ocoee. Motorola Program Manager g g The Motorola Project Manager provides the following functions: • Has full responsibility for the successful completion of the project and will be the focal point for all communications between the City and Motorola. • Will be responsible for the total project in accordance with the contractual schedule requirements and the technical and financial objectives of the contract. • Will ensure the equipment purchased from Motorola subcontractors meets or exceeds the specifications set forth by the manufacturer. The delivered equipment will be installed, optimized, and tested to ensure compliance with the specifications. • Supports the actual hardware implementation with proper documentation, guidance, and training. Motorola has a large staff of experiencedsystems engineers,pee gineers, field technical representatives, systems specialists, and radio technicians. For the duration of the installation and acceptance period, the Project Manager will use these resources as well as the resources of the Motorola plant product organizations to design, build, install, optimize, and test the proposed system. w I MOTOROLA,INC. REVISED 10/31/95 I Engineering Services Motorola Engineering Services will be provided as part of your overall system support. The Engineer will analyze the specific operating requirements of the various user groups and tailor the system program parameters accordingly, insuring optimum system operation. Specific services provided by Engineering include: • Engineering leadership from m design through acceptance. • Assistance to the City in determining the best possible talk group plan and assistance in the creation of the programming templates. • Technical support and advice for the City during installation and optimization. • Set up and assistance in the implementation of system Acceptance Test Plans. Installation Tasks Motorola will provide parts and labor to perform the following tasks: • Transport all hardware,technicians, and installation/testing equipment to all sites. • Install and optimize trunked radio system to include two dispatch consoles, central electronics bank, six Spectra consolettes, and two DGT9000 remote desktop stations. • Develop programming templates and provide a one time programming of consoles, control stations, portables, and mobiles. Any additional programming of portable radios, mobile radios or control stations performed by Motorola will be invoiced for on a time and material basis by our Orlando Service Center. • Install all mobile radios, convertacom consoles, portable radio chargers and control stations. • Remove existing mobile radios and convertacom consoles. • Install new antennas for consolettes on existing tower at the Ocoee Fire Station MOTOROLA,INC. REVISED 10/10/95 1. • • Interface all equipment installations to existing building grounding systems. • Furnish and install two UPS batteries. Twelve UPS backed receptacles per dispatch position will be provided. • Install Bi-Directional Amplifier system at hospital. • Furnish all test equipment necessary to install and optimize system. • Provide field acceptance testing per acceptance test plan. I I I CI CI MOTOROLA,INC. REVISED 10/10/95 I E. 5.1 Motorola Furnished Items City Manager Item Oty Model Description 1 1 H01QX MTS2000 PORTABLE SERIES 2 1 203H MTS2000 II 3W 806-870 MHZ 3 1 H38 ADD: SYSTEM PACKAGE,ENH SMARTNET 4 1 NTN1168 CHARGER,110V SINGLE ENH 1 5 2 NTN7144 BATTERY,ULTRA CAP Police Department 1 50 H01QX MTS2000 PORTABLE SERIES 2 50 203H MTS2000 II 3W 806-870 MHZ 3 50 H38 ADD: SYSTEM PACKAGE,ENH SMARTNET 4 50 NTN1168 CHARGER,110V SINGLE ENH 5 50 NMN6228 MIC,PUBLIC SAFETY 30" STRAIGHT CORD 6 50 NAF5042 ANT,HELICAL 800/900M 7 50 NTN7245 CARRY ACC,CASE SWIVEL LEATHER 8 15 NTN7144 BATTERY,ULTRA CAP 9 5 NTN7318 CARRY ACC,BELT CLIP 3" 10 7 N1671 MTVA VEHICULAR ADAPTER 11 7 Q150 ADD: POWER AMPLIFIER,800M 12 7 Q147 ADD: SPEAKER, AUDIO 6 WATT 13 7 Q757 ALT: MICROPHONE, PALM 14 1 TDN9430 BATTERY MAINTENANCE SYSTEM 15 6 TDN9435 BATTERY ADAPTER 16 1 RLN4201 TESTER, BATTERY 17 1 RLN4048 ADAPTER, BATTERY TESTER 18 14 M01 QX MCS2000 MODEL II 19 14 822W MCS2000 800MHZ MOBILE 15W 20 14 H38 SMARTZONE OPERATION 21 14 G495 1/4 WAVE ANTENNA 22 14 H371 ZONE OPERATION 23 1 D53SUM70 DESKTRAC VHF BASE STATION DO Public Works Administration 1 1 H01QX MTS2000 PORTABLE SERIES 2 1 203H MTS2000 II 3W 806-870 MHZ 3 1 H38 ADD: SYSTEM PACKAGE,ENH SMARTNET 4 1 H01QX MTS2000 PORTABLE SERIES 5 1 202H MTS2000 I 3W 806-870 MHZ 6 1 H36 ADD: SYSTEM PACKAGE,STARTSITE MOTOROLA,INC. REVISED 10/10/95 I I 7 2 NTN7144 BATTERY,ULTRA CAP 8 1 TDN9430 BATTERY MAINTENANCE SYSTEM 9 6 TDN9435 BATTERY ADAPTER PPM 1 22 HO1QX MTS2000 PORTABLE SERIES 2 22 202H MTS2000 I 3W 806-870 MHZ 3 22 H36 ADD: SYSTEM PACKAGE,STARTSITE 4 22 NTN7245 CARRY ACC,CASE SWIVEL LEATHER 5 3 BDN6719 EARPIECE, 3.5 MM THREADED PLUG 6 3 BDN6676 ADAPTER JACK, 3.5MM THREADED 7 4 TDN9430 BATTERY MAINTENANCE SYSTEM 8 24 TDN9435 BATTERY ADAPTER Solid Waste 1 10 H01QX MTS2000 PORTABLE SERIES 2 10 202H MTS2000 I 3W 806-870 MHZ 3 10 H36 ADD: SYSTEM PACKAGE,STARTSITE 4 10 NTN7245 CARRY ACC,CASE SWIVEL LEATHER 5 2 TDN9430 BATTERY MAINTENANCE SYSTEM 6 12 TDN9435 BATTERY ADAPTER 7 1 NMN6228 MIC,PUBLIC SAFETY 30" STRAIGHT CORD 8 1 NAF5042 ANT,HELICAL 800/900M Public Utilities 1 3 HO1QX MTS2000 PORTABLE SERIES 2 3 203H MTS2000 II 3W 806-870 MHZ 3 3 H38 ADD: SYSTEM PACKAGE,ENH SMARTNET 4 17 HO1QX MTS2000 PORTABLE SERIES 5 17 202H MTS2000 I 3W 806-870 MHZ 6 17 H36 ADD: SYSTEM PACKAGE,STARTSITE 7 12 NTN7144 BATTERY,ULTRA CAP 8 2 TDN9430 BATTERY MAINTENANCE SYSTEM 9 3 BDN6719 EARPIECE, 3.5 MM THREADED PLUG 10 3 BDN6676 ADAPTER JACK, 3.5MM THREADED 11 12 TDN9435 BATTERY ADAPTER 12 3 RLN4335 BATTERY ELIMINATOR Parks and Recreation 1 1 H01QX MTS2000 PORTABLE SERIES 2 1 203H MTS2000 II 3W 806-870 MHZ 3 1 H38 ADD: SYSTEM PACKAGE,ENH SMARTNET MOTOROLA,INC. REVISED 10/10/95 I I 1 4 3 HO1QX MTS2000 PORTABLE SERIES 5 3 202H MTS2000 I 3W 806-870 MHZ 6 3 H36 ADD: SYSTEM PACKAGE,STARTSITE 7 4 NTN7144 BATTERY,ULTRA CAP 8 4 NTN1168 CHARGER,110V SINGLE ENH 9 1 NTN7245 CARRY ACC,CASE SWIVEL LEATHER I10 1 BDN6719 EARPIECE, 3.5 MM THREADED PLUG 11 1 BDN6676 ADAPTER JACK, 3.5MM THREADED Facilities Maintenance 1 1 1 HO1QX MTS2000 PORTABLE SERIES 2 1 203H MTS2000 II 3W 806-870 MHZ 3 1 H38 ADD: SYSTEM PACKAGE,ENH SMARTNET 1 4 2 HO1QX MTS2000 PORTABLE SERIES 5 2 202H MTS2000 I 3W 806-870 MHZ 6 2 H36 ADD: SYSTEM PACKAGE,STARTSITE 1 7 3 NTN7144 BATTERY,ULTRA CAP 8 3 NTN7245 CARRY ACC,CASE SWIVEL LEATHER 9 1 TDN9430 BATTERY MAINTENANCE SYSTEM 10 6 TDN9435 BATTERY ADAPTER 11 1 RLN4335 BATTERY ELIMINATOR Buiding Maintenance 1 1 HO1QX MTS2000 PORTABLE SERIES 2 1 203H MTS2000 II 3W 806-870 MHZ 3 1 H38 ADD: SYSTEM PACKAGE,ENH SMARTNET 4 5 HO1QX MTS2000 PORTABLE SERIES 5 5 202H MTS2000 I 3W 806-870 MHZ 6 5 H36 ADD: SYSTEM PACKAGE,STARTSITE 7 1 TDN9430 BATTERY MAINTENANCE SYSTEM 8 6 TDN9435 BATTERY ADAPTER 9 6 NTN7144 BATTERY,ULTRA CAP 10 1 RLN4335 BATTERY ELIMINATOR Cityto Hall 1 1 HO1QX MTS2000 PORTABLE SERIES 2 1 202H MTS2000 I 3W 806-870 MHZ 3 1 H36 ADD: SYSTEM PACKAGE,STARTSITE 4 1 NTN1168 CHARGER,110V SINGLE ENH 5 1 NTN7144 BATTERY,ULTRA CAP 6 2 L1651A DGT9000 REMOTE CONTROL DESKSET 7 2 RLN4264 LIGHTNING ARRESTOR/SURGE 8 4 DQISMPT TWISTED PAIR/CBL PROTECTOR 9 1 DQ25P10 TYPE 66 PUNCH BLOCK PROTECTOR MOTOROLA,INC. REVISED 10/10/95 Ili r Dispatch Center 1 1 BDN6409 CALL CHECK, DESKTOP 2 1 CONFIGC CONFIGURECDA FILE 3 2 TDN9787 MOTOROLA 486SX COMPUTER W/MONI 4 2 TDN8092 TRACKBALL, TERMINAL 5 1 B1561 A DESKTOP ENCLOSURE: 1 BAY/2 P 6 1 DQDSX1C %DG09% BANTAM 7 10 DQISMPT TWISTED PAIR/CBL PROTECTOR 8 2 %DG09% DATALINE PROT FOR TWO TWISTED 9 1 %DG09% DATALINE PROT FOR TWO TWISTED 10 8 DQISMPT TWISTED PAIR/CBL PROTECTOR 11 1 DQ25P10 TYPE 66 PUNCH BLOCK PROTECTOR 12 1 DSFE7KV 7000VA UPS 12 MIN FULL LOAD 13 1 DSBYE50 EXTERNAL BREAK B4 MAKE SWITCH Fire Station 1 4 L99ZX SPECTRA DESKTOP STATION 2 4 255L 15W 800 MHZ TRUNKED 3 4 L146 ALT: LOCAL/TONE REMOTE CONTROL 4 4 L992 DEL: TCMS SPECTRA DESKTOP 5 2 L99ZX SPECTRA DESKTOP STATION 6 2 255L 15W 800 MHZ TRUNKED 7 2 L791 ALT: DIGITAL REMOTE CONTROL 8 2 L992 DEL: TCMS SPECTRA DESKTOP 9 5 TDF6481 ANTENNA, 800 OMNI NFE UNITY G 10 1 TDF6441 ANTENNA, 6DB 3 ELEMENT YAGI 11 360 L1700 1/4" SUPERFLEX, POLY JKT, PER 12 36 TDN9714 1/4"CONN, N PLUG S-FLEX (PLTD) 13 6 DSACV27 VARILATOR,WITHOUT HARMONIC Fl 14 6 RRX4025 ANTENNA LIGHTNING/SURGE SUPPRESSOR 15 1 DSFE850 850VA UPS 11 MIN FULL LOAD 16 1 DQ40101 RACK, EQUIPMENT 7' 17 6 DQ40624 %DG09% EQUIPMENT SHELF, NEWTON 18 2 BLN6200 6 OUTLET AC POWER STRIP 19 2 L1652 DGT9000 REMOTE ADAPTER 20 12 DQISMPT TWISTED PAIR/CBL PROTECTOR 21 1 DQ25P10 TYPE 66 PUNCH BLOCK PROTECTOR 22 1 DSFE850 850VA UPS 11 MIN FULL LOAD 23 1 DSHWOBY UPS HARD WIRE&MBB BYPASS 24 1 RLN4264 LIGHTNING ARRESTOR/SURGE Health Central 1 1 DQ6189A 2 WAY REPEATER MOTOROLA,INC. REVISED 10/10/95 I C 2 1 DS44614 PWR SPLITTER 3 4 DS82010 LOAD RF 4 4 TDN8814 1/2"CONNECTOR, N PLUG (PLATED) 5 4 TDN8815 1/2"CONNECTOR, N JACK(PLATED) 6 335 L1732 1/2" RADIAX, FR NEC CATVP RATE 7 1 TDF6321 ANTENNA, 800 OMNI NFE 3.0 DB 8 1 TDN9383 1/2"LDF JUMPER 10',W/NP&NP 9 1 DQISGF5 PROTECTOR 10 120 L1701 1/4" SUPERFLEX, FR RISER RATED 11 4 TDN9714 1/4"CONN, N PLUG S-FLEX (PLTD) Orange County Winter Garden Transmitter Site F 1 1 %DG09% DATALINE PROT FOR TWO TWISTED C Orange County Forsyth Road Site 1 2 DQ57021 CIRCUIT PACK 2 1 DQ57023 APS EQUIP SHELF 19" Orange County Clarcona Road Site 1 2 DQ57021 CIRCUIT PACK Smartzone Manager 1 1 T5516 USER TERMINAL 1 2 1 TTN6100 MANAGER PRINTER 3 2 TKN9119 PRINTER CABLE 4 4 TTN6103 19.2 HI-SPEED MODEM 5 2 TDN8351 RACK MOUNT ADAPTER I C C MOTOROLA,INC. REVISED 10/10/95 C 5.2 The City of Ocoee Furnished Items Ocoee Project Management The City of Ocoee's Project Manager will coordinate all Ocoee's responsibilities regarding this project and act as the focal point for communications between Motorola and Ocoee. The City's Project Manager will be responsible for the execution of the City's obligations during system implementation in accordance with the contractual schedule requirements and financial objectives of the contract. Ocoee Responsibilities •The City is responsible for providing all furniture, furniture renovations and/or room renovations required to support any new or existing dispatch equipment. The City will also be responsible for disposing of any existing furniture or equipment which will no longer be used as part of this proposed radio system. •The City will have the responsibility for obtaining one dedicated T1 phone circuit to connect Ocoee's central electronics bank(CEB) to the Orange County Winter Garden site. This line is to be installed point to point - from the Ocoee CEB to the required radio equipment location at the Winter Garden site. Motorola will connect the circuit to the Motorola equipment only. Integration of the Ocoee system to the Orange County Smartzone System is predicated on creating a link from the Ocoee CEB to the Orange County prime site at Forsyth Road in Orlando. At this time, this link is envisioned to consist of a T1 link to the Orange County Winter Garden site where it will interface with the Orange county microwave system. The remainder of the link will be completed to Forsyth Road via the microwave system. It will be the responsibility of the City to obtain permission from Orange County to interface to the microwave system at the Winter Garden site. If for whatever reason, access to the Orange County microwave is not available, this required link can also be achieved through use of a dedicated T1 phone line from the Ocoee CEB all the way to the Orange County prime site. *The City will be responsible for obtaining two dedicated phone lines from the phone company for the Smartzone Manager terminal. These lines need to run from Ocoee PD dispatch to the Orange County Prime Site at Forsyth Road. I MOTOROLA,INC. REVISED 10/10/95 I •The City will provide necessary circuits at the police department for Motorola to install an electrical outlet to provide power to the Motorola supplied uninterruptable power supply (UPS) in the dispatch center `electronics closet.' •The City will provide sufficient space to house the Motorola supplied equipment. At this time,this is envisioned to include: --Room in the Police Dispatch Room for two positions of dispatch radio equipment I --Room in the `electronics closet' to house the CEB, UPS, and breaker panels --Room at the Fire Department for the rack of Spectra Consolettes and UPS I --Room on the existing antenna tower for six antennas •The City will provide to Motorola permanent use of existing pre-run underground cables between the Fire Department, City Hall, and Police Department in order to tie the communications system together. The system will require minimum four pair wires from the Fire Station to City Hall and eight pair wires from the Fire Station to the Police Station. •The City will be responsible for obtaining any required inter-operability agreements for Ocoee's use of other municipalities' talkgroups and systems. •The City will be responsible for obtaining permission from Orange County to access the Orange County Smartzone System. The City will also be responsible for obtaining permission from Orange County and the site owner (if different) for use of any particular site of the Smartzone System to which the City wishes to have access. At this time, the Orange County Smartzone System consists of the following sites (with site owners in parenthesis): Orange County Simulcast(Orange County) City of Orlando Simulcast(Orlando) Maitland Site (Maitland) Winter Park Site (Winter Park) E. Winter Garden Site (Orange County) Zellwood Site (Orange County) Orange County Jail (Orange County) NOTE: Not all sites are operational at the time of this writing. In addition, the City of Ocoee must obtain permission from Orange County for use of particular features and functions of the Smartzone System. Motorola can only program those features and functions in Ocoee's radios as permitted by Orange County. •The City will be responsible for providing sufficient generator capacity to support all Motorola installed equipment at the Police Station,Fire Station, and City Hall. MOTOROLA,INC. REVISED 10/10/95 MOTOROLA,INC. REVISED 10/10/95 5.3 Implementation Schedule Gantt charts will be developed by the Motorola and Ocoee project teamsP rior to order of equipment. The charts will emphasize all of the milestones and critical paths which are essential for the successful completion of the project. A preliminary project schedule is included in this section which will be finalized and mutually agreed to upon contract award. C I C I C I C MOTOROLA,INC. REVISED 10/10/95 L 5.4 Acceptance p Test Plan Introduction The purpose of this document is to provide an acceptance test plan (ATP) that includes the test, preparation, and validation procedures for acceptance testing of the proposed system. The ATP will augment the setup and functional testing done by Motorola during the staging and installation phase. Upon notification to the City of Ocoee that Motorola deems the system to be fully operational, the following plan will be used to demonstrate that the system satisfies the functional requirements and performance specifications delineated elsewhere in or appended to this document. When all steps of this test plan have been successfully executed, the City of Ocoee shall acknowledge that the system has been satisfactorily implemented and is accepted as an integrated system. System Configuration I Prerequisites Prior to startingthe acceptance p e test demonstration the following will have been satisfied: • The system must be installed and operational • The City of Ocoee has identified a person to monitor the tests Motorola Responsibilities Motorola will provide any necessary test equipment. Motorola will also provide a representative to conduct the test procedures and to observe and document the test results. City of Ocoee Responsibilities The City of Ocoee will be responsible for providing a representative to assist in conducting the test procedures and to monitor and verify the tests as they are performed. MOTOROLA,INC. REVISED 10/10/95 C General Acceptance Testing Parameters Test Performance The performance of each test within a Test Step/ Session will be conducted as outlined in the test procedure. It is the responsibility of the Motorola test conductor to initiate each step and to verify the accuracy of each procedure. During the test all unusual occurrences will be noted on a test log. If hardware malfunctions are involved, appropriate notations will be made in the hardware log. Copies of the above logs and any notes made will be retained by both The City of Ocoee and Motorola. Test Verification and Approval Each command and its associated operation will be verified and the test log for the corresponding test initialed by the City of Ocoee's monitor. At the end of each test and test series, the output will be collected, verified at the time of collection and attached to the test log with the proper affixed signatures. If the test is not successful, the output will be retained by the Motorola test conductor for use in solving the problem and a copy of the output will be provided to the City of Ocoee's test monitor for reference. If the failing test item is of minor operational significance, as determined and mutually agreed to by both the City and Motorola, the performance verification test and operational reliability test will continue. All failing test items which are not corrected prior to the end of the operational reliability test will be cited in a "punch list" letter written by the customer and will be corrected within a mutually agreeable time frame and under the system warranty terms of the contract. Failing test items which do not interrupt or prohibit day-to-day communication operations, as determined and mutually agreed to by both the City and Motorola, are insufficient cause to delay integrated system acceptance if the operational reliability test is passed successfully. If software problems occur during the acceptance test which prohibit day-to- day communication operations, upon mutual agreement the test will be discontinued and rescheduled when the problem has been corrected. If only the customer deems the problem to be severe, i.e., prohibiting day-to-day communication operations, Motorola MOTOROLA,INC. REVISED 10/10/95 personnel are authorized to shut down the fixed end radio notifying equipment (aftery ng the City of Ocoee of this proposed action) for as long as necessary to correct the problem. If this occurs, the acceptance test will be suspended and restarted upon correction of the identified problems, to complete the 30 day test period. If a program fault occurs during the test, the system core image will be dumped and retained for analysis and the test will continue with the next series of tests. Upon completion of the entire test, the City of Ocoee must itemize in writing to Motorola all remaining failing test items and all items which do not meet specifications. When validated by Motorola, these items will then be corrected within a mutually agreeable time frame and under the system warranty terms of the contract. Corrected items or functions will be tested per this ATP. An authorized City of Ocoee representative will monitor, verify, approve and accept these corrections when installed, tested and operated in accordance with the terms of the contract. The Motorola Acceptance Test Plan consists of testing the operation of the Consoles and Control Stations. Since all equipment operates through the existing Orange County infrastructure, no RF coverage tests will be conducted. General Each site will be checked for proper installation practices, including neat wiring practice and proper installation of lightning protection equipment. The following tests will be performed at these sites and the data recorded. Consoles The following console functions will be tested to insure proper operation: 'Verify that the console under test can monitor trunked talkgroup calls. 'Verify the console under test can dispatch a trunked call to different talkroups in the system. •Verify the console under test will produce a busy tone when there are no available voice channels. Verify the console receives a call-back tone upon availability of a voice channel. MOTOROLA,INC. REVISED 10/10/95 L •Verify two or more talkgroups can be patched together and will communicate between the talkgroups. •Verify the console has priority over a portable or mobile communication. •Verify proper operation of the supervisory control functions. •Verify proper operation of the multi-select function. •Verify proper operation of the headset jacks. •Verify proper operation of the foot switch. •Verify proper operation of the control stations by: 1. Disconnect the AIMI link, console communicates with the proper talkgroup. 2. Each talkgroup to be logged is logged correctly. •Verify proper operation of the control stations in Fire Station. Project Limitations No provisions for improved system coverage at the future Ocoee shopping mall have been included in this proposal. Since the mall is yet to be constructed, Motorola has no idea as to the size or construction of this structure and is unable to determine requirements for assured coverage of the radio system at this time. However, Motorola will be happy to design an antenna system for improved coverage at the mall when provided with the necessary information at a later date. MOTOROLA,INC. REVISED 10/10/95 © MOTOROLA Trunking System Guide FOR WIDE AREA COVERAGE SmartZoneTM __ . a�M The leader in Vin. comprehensive, advanced coverage for large communications networks 1 I M With SmartZone, you can communicate regionally statewide and beyond with a I single, transparent network e If your agency demands a comprehensive, highly efficient communications ; network to span across counties, throughout the state or even beyond—the answer is SmartZone". Not only does it exceed APCO-16 requirements, no other trunked radio system can offer you the same level of efficiency and reliability in a public safety/public service network. Motorola understands that in emergency situations, every second is precious. With a SmartZone system from Motorola, an urgent call is handled quickly and effortlessly.That's the advantage of I w having the most technologically sophisticated network of its kind in the industry. i vsage_ _ . - N1''. QF SIyE�ct \ Ri a SmartZone coverage is "` I' ,1 E ideal for large government \ ff �� y ,( /".\ agencies that need a �' - comprehensive and efficient �; ��\ communications network. — .I Not only does it support superior everyday Expanded coverage with more sites,more channels than any other network available communications—it's If you need wide area coverage with expanded range, Smart Zone offers you the ability to utilize I a critical advantage in emergency situations. more sites and more channels than any other coverage network in the industry. No matter how large your agency's communications needs grow, Smart Zone can grow with them. Superior benefits and outstanding capabilities for faster and more efficient communication I Smart Zone offers unmatched wide-area communication with unlimited potential. With a Motorola SMARTNET*system as its foundation, plus its own set of advanced features, Smart Zone system provides Motorola's most comprehensive and sophisticated capabilities. Smart Zone is able to meet your most rigorous requirements and demands. *For more information on SMARTNET features, see Motorola Trunking System Guide 2. I t La . . . . . . Complete flexibility in creating your own unique integrated wide area system L To see how SmartZone might work best for you,consider the example of a statewide public . safety agency.The agency needs full communications capabilities throughout the state,but must contend with different challenges in several regions. I •Two large metropolitan centers in the state are high frequency-congested areas. . . . . . . •A number of outer counties are sparsely populated and cover a large geographic area. r •The state capital is a small city that is hundreds of miles from the nearest metro center. To use one coverage scheme for the entire state would prove to be highly inefficient and ineffective. SmartZone lets you combine the best coverage options to fit the needs of each region.Then,it ties them all together into one enhanced,fully integrated wide area coverage network. I Using the example above,an integrated SmartZone network might include: •SMARTNET Simulcast*coverage in each metropolitan center,offering the best quality and most efficient service possible in areas where frequency availability is limited. SmartZone combines and enhances single site, •Automatic Multiple Site Select(AMSS)*coverage in the outer counties where frequency availability SMARTNET Simulcast and is nota concern; AMSS technology in one •And,reliable single site coverage in the state capital. system. *For more information on SMARTNET Simulcast and AMSS,see Motorola Coverage Guides 3 and 4, respectively. Maintain constant communications as your users roam transparently from system to system IC The key to an integrated SmartZone coverage network is the way it lets your users roam from p Li �r one system to another.The State Trooper who drives out of the metro area— covered by SMARTNET Simulcast—and into a remote rural area—covered byAMSS E o ►. r —is assured of maintaining constant communications with the rest of the p .g. network. As the trooper leaves one coverage area and enters the next,SmartZone ,-------g ili, technology performs an automatic handoff to connect him with the new system.There is no manual switchover involved—either by the trooper or by a :: dispatcher.The result is a virtually seamless transition. ►1 No matter where you travel within the entire network,you're always in contact with SmartZone. C. . / il =t \ El Vlfi .. • ii .—. ►. ►. L " to.4 SmartZone users roam 0 ".110.41from system to system I •4 \�' a as transparently.They can ill 111'. 4�iL= ►: maintain communications ® "1111114=LI. with members of their home ►/ system,if desired. ►t ,4 1 iii 1 4 ei Superior system efficiency with Dynamic Site Assignment Your ability to fully utilize available frequencies can mean the difference in the success of your network. In other standard wide area coverage networks,channels are automatically tied up during a call even if no one in those sites is involved with the call.For example,in a five-site system when callers from two sites need to talk to each other,their conversation also occupies a channel in each of v the other three sites not involved.The result is inefficient use of available channels—a luxury that most large government agencies can't afford. SmartZone solves that problem by only occupying the channels that are necessary for the3 conversation.So,if users in sites one and two need to talk,channels in sites three,four and five remain available. The benefit of SmartZone technology is significantly improved efficiency—especially in heavily11 loaded systems,or during peak usage periods. Dynamic Site Assignment Only those sites whereEi a talkgroup is having i �4 :: v v „ GI ®' a conversation will be �� . �� ►•: utilized.This allows more ►� " ►� talkgroups to commun- ►� 70'1 �� �� ► 01 LI� .4 icate using the same ►A ►I "/ � number of sites. 111 ►t l'1 \ 1,1111,111� ►/ ►. 1104AU ►/ 0'4 ►/ 4�� ►1 0.4 1 :: NM 2 ii /� / a in !I" i.41 - 2 R \ Es iti E3. io.4 / 01 r 0 7 FA II.4 . 1 4 4 \ / g V V 1 M ► iik i i ---• No Dynamic Site Assignment/ 1 I .. V V V Critical Site Assignment—a time saving exclusive I ..-- SmartZone also gives you the ability to designate high priority to"critical sites"within a One channel at each site talkgroup.Critical Site allows communication to take place without waiting for members of the talk- is used for each talkgroup, regardless of whether group who are unavailable in non-critical sites. talkgroup members are Your key individuals don't need to wait for all members of the talkgroup in all sites to become using the site• available before they can communicate. Users in critical sites can be connected once those channels are available. I Critical Site Assignment is one more benefit of SmartZone that reduces the wait time for key users ,...diin your wide area coverage network. , p I I ICritical Site Assignment No Critical Site Assignment E /_ _ ., .-. ii ,,. „ _,! X =' • i-141iP° LI - ►� ►� a p.4 t *Ise 111111iie _, _L ... _.. 11 ..3_ , A M"IC7' 1 , X/ _ _ :, .., . . ,,,,,,L.,-2.-s-- ---. ,. Ft 0.4",, ►1 With Critical Site Assignjail - ment,the users in the Key: critical talkgroup area r • Purple Sites are Critical Sites I get communications faster, p because non-essential ■ Orange Sites are Non Critical Sites One user has roamed out of talkgroup members do not ■ Grey Towers mean No Channels are Available the normal operating area. need to be included in the • Black Towers mean Channels are Available The user is located at a site conversation. where no channels are available.Because this user cannot get a channel,all the Reduce waiting time for key personnel with SmartZone's Critical User Access other talkgroup members I When supervisors are on the road and need to communicate with key members of their field staff, must wait,even though they they might not have time to wait for every member in the talkgroup to become available.They have are located at sites with available channels. a vital message that must reach a smaller number of select individuals. I But,with SmartZone's Critical User Access,available only from Motorola,supervisors can communicate with their key staff members with dramatically less waiting time. This unique advantage lets you designate key personnel within your organization as"critical users" I who deserve the highest priority.Once the"push to talk"button on the radio handset is activated, the system immediately recognizes that the call is from a critical user.The system immediately searches for all other critical users registered within that talkgroup and connects the critical and I available non-critical users. The benefits of this feature are even more apparent in large talkgroups employing 30,40 or even 50 users. Instead of waiting for all persons in the talkgroup to become available,the conversation No Critical User Access Ican begin once the designated critical users have been identified. Only SmartZone's Critical User Access gives your key personnel the priority they need,when they - p ,, Ineed it most. _ 4 % �� .. The talkgroup must wait for a channel,even though some Critical User Access _ �' ►� of the users are not critical t� to communications but are I . j� located at sites that are fully \ ►� loaded.Critical users must — E wait for everyone to be able ►� to access the system. L ...4 \ 0.41 ►� ►, :RAIL With Critical User Access, critical users get communi- cations faster,because non- critical users do not need to be Key: 41 I included in the conversation. • Purple Vehicles are Critical Users ■ Aqua Vehicle is a Non-Critical User • Grey Towers mean No Channels are Available • Black Towers mean Channels are Available tti. I I Reliable access in non-emergencies with Busy Override Your users also can benefit from another unique SmartZone feature.With Busy Override they can cut through a busy message without waiting for everyone in their talkgroup to become available. The system gives them priority to connect with a dispatcher who monitors all other calls. Designed for non-emergency situations,Busy Override is one more way to reduce waiting time and maintain a reliable level of communications necessary for public safety/public service agencies. I 104 Flexible Site ConfigurationI ri 1111 1.4 LI ►i ►1 ►. .4• ►1 �1 V V V V • I F 4 p1 i ►4 11.4 44 Li 4 i 1 • • • • • • p, — ►, 4 t xible Site Configuration F I is you purchase only the umber of repeaters that -necessary for each site. Maximize your investment with SmartZone's Flexible his can be a tremendous cost Site Configuration •-vings compared to other As you determine the type of coverage you need throughout your stems that require the service area,no doubt you'll recognize that not all areas within your jurisdiction need the same •me number of repeaters in 1 sites throughout the number of channels. Highly active areas,for example, might need 28 channels,while others may work. only need three.But unless you have SmartZone,you may need to provide 28 channels in every site just to accommodate the busiest ones.SmartZone allows you to provide only the number of channels required in any given area.The number of channels corresponds to the amount of radio user traffic. And remember that every channel in a non-SmartZone system requires one base station in every site,with each base station costing thousands of dollars.Add it all up and you're spending a great deal of money on channels that you don't want or need. Only SmartZone lets you truly maximize your investment in a wide area coverage network. That means every site can have only the number of channels you need—and you only purchaseI the equipment necessary to support those channels.You benefit from a tremendous potential cost savings,and from a more efficient coverage network. I I E , .y. ,. . .1� Explore the unlimited potential of SmartZone 'f i ,,`:: p� _; a With so much riding on your investment, t.' ° - there's no reason why you shouldn't have a - r -Y,. 71 chance to fully understand how it's going to Ill ,.. ,� I work for you—before you reach your final ‹' r decision. ._ _- With SmartZone's exclusive Simulator SI computer program,you can key in a variety _ of pertinent information to help answer some - IIIA►''' IIIIIII!!IIIIIIIIIIIIII •of your most pressing concerns,such as: ;,; 'r t •Average response time •Number of sites needed •Number of channels per site •Type of networks to match each region The SmartZone Simulator is sil The Simulator program provides an excellent way to explore the options before putting your network one mare unique advantage in place.Your Motorola representative will be happy to host a demonstration of the SmartZone available with a SmartZone ISimulator to help you design your own SmartZone network. network. v. Interfaces with other supporting communications networks Many city and state agencies today have supporting communications networks that link them to their prime and remote sites.That network could be: v •Standard telephone lines 111 •Analog microwave li •Digital microwave,or I. •Fiber optics ' A SmartZone system is fully compatible with these options.So,no matter what type of supporting communications network you might have,or might contemplate adding,the life of that equipment will continue indefinitely when you combine it with SmartZone. EAdditional value-added features give you greater flexibility SmartZone,as well as other Motorola wide area coverage networks,offers you optional features that add value and flexibility to your communications system. L •Encryption—Ensure the security of your messages with Motorola's Securenet," a sohpisticated encryption technique that scrambles the voice transmission signal to prevent others from eavesdropping on a channel. In discreet matters,Securenet offers you a vital level of protection. I •Mobile Data Communications—Expand your system's effiency by using your trunked radio network to link mobile terminals to each other or to a dispatcher. Utilizing data communications can enhance accuracy and efficiency since you don't need to rely on verbal exchange. •Alarm&Control—Your trunked radio system can provide a backbone for a variety of alarms and other remote devices to monitor secure areas.For example,a corrections department could use this feature to monitor a building alarm system. If the alarm is activated,the dispatcher or any remote unit could be notified immediately via radio. V V V I Cv . . v v . v v v C . . . . . . . . . J -I There's a Motorola coverage network designed for you No matter what type of coverage you need, Motorola has a network that can be tailored for you. You may wish to consider the other Motorola network alternatives: •SMARTNET " Simulcast—This option provides wide area coverage with excellent voice quality in frequency congested areas. •AMSS—Automatic Multiple Site Select,offers the option of local and/or wide range coverage within one network. Designed primarily for less congested, rural areas,AMSS is a simple, low- cost alternative to extended coverage. Contact your Motorola representative today Your Motorola representative will be happy to answer any questions and help you tailor the coverage network that's right for you.Call today to find out how Motorola can improve your network coverage,and help serve your public better. 1-800-247-2346 ii © MOTOROLA 1301 East Algonquin Road 7 Schaumburg,Illinois 60196 In Canada:4000 Victoria Park Avenue North York,Ontario M2H3P4 - Telephone:(416)499-1441 w _ Makdm Baldice Winner 1988 National Quality Award NATIONAL MOTORions n 3 -- Commumcafions • SERVICE Support Services Wherever Motorola sells,our product is backed by �' ! service.In the U.S.,we have over900 authorized or company-owned centers.In addition,our products are serviced throughout the world by a wide network of company or authorized independent distributor service organizations. Motorola is an Equal Employment Opportunity/Affirmative Action Employer O,Motorola,SMARTNET,Securenet and SmartZone are trademarks of Motorola,Inc. Printed in U.S.A. 1990 Motorola,Inc. Produced by Customer Communications RC-8-36A I MTS 2000 i PORTABLE RADIOS 1 For Secure&Advanced The MTS 2000TM radio uses Motorola's revolutionary FLASHport®technology. FLASHport allows you to Conventional and add software to the radio to meet your specific needs at the time of purchase and upgrade the radio Trunked Systems with new software packages or features as your needs change.* ►VHF 136-178 MHz Standard MTS 2000 Features: ' ►UHF 405-470 450-520 MHz Companion product to the MCS 2000TM Mobile *Time-Out Timer I 806-825 MHz allows operational knowledge to be transferred Weather► Sealed Universal Connector 851-870 MHz across products Detachable Belt Clip and Antenna 896 902 MHz ►On/Off Volume Rotary Select Switch ►Quick Disconnect Accessory Capable 935-941 MHz 16-Position Mode Select Rotary Switch ►Internal Noise Cancelling Microphone Programmable Top(1)&Side(3)Mounted ►Ultra-High Capacity Nickel-Cadmium Battery E ,.____ Buttons SECURENET Digital Voice Encryption Capable FLASHport" .Programmable Three-Position Toggle Switch Audible Status Tones Coded/Clear Programmable Two-Position Low Battery Alert Concentric Switch Button Press Acknowledgement Tone ►Display Annunciators I IL t, l• .M MOTOROLA M MOTOROLA M MOTOROLA IL ,,,„:. ,S„ „:„.„ 1 ® oo ® ® o Ee 0 0 IE MTS 2000 I MTS 2000 1I MTS 2000 III ►48 Modes ►160 Modes ►160 Modes Response& initiation of Dialing from Prestored Lists Dialing from Prestored Lists dispatch radio calls *Programmable Soft Keys for Direct Dialing from Keypad ►Toggle controlled Zone Easy Access to Radio ►Programmable Soft Keys for operation Functions Easy Access to Functions Response capability to ►14 Character Alphanumeric ►14-Character Alphanumeric 1rspecial calls Display Display ►Top Mounted 6-Character ►3 x 2 Button Keypad ►3 x 5 Button Keypad Display ►Non-KeyPad I .Dependent on radio memory capacity 0 MOTOROLA MTS 2000TM' Portable Radio Performance Specifications General: Power Supply Nickel-Cadmium Battery FM APPROVAL INFORMATION(Optional): • Battery Voltage: Nominal: 7.5 Volts INTRINSICALLY SAFE:Class I,II,Ill,Division I,Groups D,F,G.Batteries NTN7146(high capacity)and Range: 6 to 9 Volts NTN7147(ultra high capacity). Temperature Range: Operating: -30°C to +60°C NON-INCENDIVE:Class I,Division 2,Groups A,B,C,D.Batteries NTN7341,NTN7146,NTN7143, Storage: -40°C to +85°C NTN7147 and NTN7144. • HxWxD Dimensions': Model Weights: Battery Part FM Battery I Numbers: Part Numbers: Physical Characteristics: MTS I,II,Ill MTS I MTS II MTS III Less Battery: 6.30"x 2.34"x 1.49" 10.3 oz. 10.9 oz. 10.9 oz. 16.Ocmx5.9cmx3.8cm 292 gm 309 gm 309 gm With Ultra-High Capacity Battery: 6.30"x 2.34"x 1.54' 20.1 oz. 20.1 oz. 20.1 oz. NTN7144 NTN7147 16.0 cm x 5.9 cm x 3.9 cm 570 gm 570 gm 570 gm (Standard) (Optional) 'Note:Dimensions reflect measurements taken at the widest points on the radio unit.They do not reflect every width and depth point on the radio. • Typical Performance Specifications(all specifications are per EIA 316B unless otherwise noted) • Specs listed are based on channel spacing of 30 kHz for VHF;25 kHz for UHF/800 MHz;12.5 kHz for 900 MHz.Noise cancellation better than 10 dB(or one-half the amount of background noise). Bandsplit: 136 MHz Band 403 MHz Band 450 MHz Band 800 MHz Band 900 MHz Band** 136-178 MHz 403470 MHz 450-520 MHz 806-870 MHz 896-941 MHz Display Keypad Model Numbers: Model Numbers: Model Numbers: Model Numbers: Model Numbers: MTS 20001 6-Character(Top) No Keypad H01KDD9PW1_N H01RDD9PW1_N H01SDD9PW1_N H0lUCD6PW1_N H01WCD4PW1N • MTS 2000 II 14-Character(Front) 3x2 Button H01KDF9PW1_N HO1RDF9PW1_N H01SDF9PW1_N H01UCF6PW1_N H01WCF4PW1_N MTS 2000111 14-Character(Front) 3x5 Button H01KDH9PW1_N HO1RDH9PW1_N H01SDH9PW1_N H01UCH6PW1_N H01WCH4PW1_N1 FCC Designations: Standard: AZ489FT3768 AZ489FT4781 AZ489F14780 AZ489FT5747 AZ489FT5748 NPSPAC(±1.5PPM): N/A N/A N/A N/A N/A • Battery Life(515190 Duty Cycle): @ 5W @ 1W @ 4W @ 1W @ 4W @ 1W @ 3W @ 3W Hours of Operation,Ultra•High Cap.Battery: 8.0 11.0 8.0 11.0 8.0 11.0 8.0 8.0 1 Transmitter. Frequency Range: 136-178 MHz 403-470 MHz 450-520 MHz 806-825 MHz 896-902 MHz -• 851-870 MHz 935-941 MHz Channel Spacing: 12.5/20/25/30 kHz 12.5/20/25 kHz 12.5/20/25 kHz 25 kHz 12.5 kHz RF Power(.07.5V): 1 to 5 Watts 1 to 4 Watts 1 to 4 Watts 3 Watts 3 Watts (174-178 MHz- (512-520 MHz- . 4 Watts) 3 Watts) Frequency Stability: ±0.0005/ ±.00025% ±.00025% ±0.00015% ±0.00015/ • (-30°C to+60°C; +25°Ref.) (NPSPAC) Emission: .001•1.0 GHz -66dBW -66dBW -66dBW -48dBW -48dBW (Conducted&Radiated) 1.0•4.0 GHz -60dBW -60dBW -60dBW -48dBW -48dBW FM Hum&Noise:(Companion Receiver): -45 dB -45 dB -45 dB -40 dB -45 dB • (HearClear) • Modulation Limiting: ±2.5/4/5/5 kHz ±2.5/4/5 kHz ±2.5/4/5 kHz 5.0 kHz ±2.5 kHz ±q.0 kHz(NPSPAC) Distortion: 3./o 3% 3% 3% 3% Audio Response: +1, -3 dB +1, -3 dB +1, -3 dB +1, -3 dB +1. -3 dB • (6 dB/Octave Pre-emphasis from 300 to 3000 Hz) Receiver. I Frequency Range: 136-174 MHz 403-470 MHz 450-512 MHz 851-870 MHz 935-941 MHz NPSPAC N/A N/A N/A 866-869 MHz N/A Channel Spacing: 12.5/20/25/30 kHz 12.5/20/25 kHz 12.5 20/25 kHz 25 kHz 12.5 kHz NPSPAC N/A N/A N/A 12.5 kHz N/A Frequency Separation: 42 MHz 67 MHz 70 MHz 19 MHz 6 MHz Sensitivity(12dB SINAD 1-20 dB Quieting): 28µV /.40µV 28µV /.40µV .28µV /.40µV .28µV/.41µV .28µV/.41µV Intermodulation: -75 dB -73 dB -73 dB -72 dB -62 dB Adjacent Channel Selectivity: -75 dB -73 dB -73 dB -72 dB -63 dB :. image Rejection: -74 dB -73 dB -73 dB -78 dB -69 dB Spurious Response Rejection: -75 dB -73 dB -73 dB -78 dB -69 dB Frequency Stability:(-30°C+60°C:25°C Ret.) +0.0003% +.00025% +.00025% +0.00025% +0.00015% (821-824 MHz- ±0.00015%) • Rated Audio: 500 mW 500 mW 500 mW 500 mW 500 mW Audio Distortion(At Rated Audio): 3% 3% 3% 3% 3 5% Durability: "SECURENET encryption not available on 900 MHz band. The MTS 2000 Series portables were designed for ruggedness: U.S.Military U.S.Military U.S.Military EIA PROUD SPONSOR • Spec 810C Spec 810D Spec 810E Spec CUSTOMER Support Services Standard Method Method Method Method Wherever Motorola sells,our product is U S • (Procedure) (Procedure) (Procedure) 0 arovonor.A backed by service.Our products are• (/��/�/y�/) • Low Pressure 500.1 5(II) 500 3 CeemunIcallens networked throughout the world by a wide V V (0 (I . (II) N/A SERVICE network of company or authorized independent distributor service High 501.1 501.2 501.3 RS5316B organizations. Temperature (I,II) (I Cat.A1,II) (I Cat.A1,II) 204 C/D,152C Low 502.1 502.2 502.3 RS53168 Temperature (I) (I Cat.Cl,II) (I Cat.Cl,II) 204 C/D,152C l'InalB.b* Temperature 503.1 503.2 503.3Winner 1 �'�"•Shock (I) (I Cat.A1,C1) (I Cat.A1,C1) N/A Y Solar 505.1 505.2 505.3 Awatd N/A CD1 ' . , • Radiation ( ( (I) 6M�MOTOROLARain 5066.1 506.2 506.3 (I,II) (I,II) (I,II) N/A Humidity 507.1 507.2 507 3 RS53168 1301 E.Algonquin Road • (II) (II,III) (II,III) 204 C/D,152C Schaumburg,Illinois 60196 Salt Fog 509.1 509.2 509.3 In the U.S.calla-800-247-2346 (I) (I) (I) N/A Outside the U.S.call:(708)576-3107 Dust 510.1 510.2 510.3 (I) (I) (I) N/A 8,Motorola,MTS 2000,MCS 2000,FLASHport and SECURENET are Vibration 514.2 514.3 514.4 RS5316B trademarks of Motorola.■©1995 by Motorola Inc.■ Printed in U.S.A. (VII,VIII,X) (I Cat.8) (I Cat.8) 204 C/D,152C ■(9508)Merit M Produced by Customer Communications.36 USC 380 Shock 516.2 516.3 516.4 RS5316B (I,II,V) (I,IV,VI) (I,IV,VI) 204 C/D,162C Motorola is an Equal Employment Opportunity/Affirmative Action Employer R3-4-153D I Li MCS 2000 MOBILE MODELS II & III I MCS 2000 MCS 2000TM Models II and Ill are Motorola's enhanced, dual mode mobile radios, ergonomically ► 800 MHz designed to meet your communication demands. Software packages include: Conventional StartSiteTM, SMARTNETTM and SmartZoneTM. FL4SHport" The MCS 2000 mobile uses Motorola's FLASHport®technology. FLASHport gives you the ability to choose a radio that meets your needs today,then upgrade for increased flexibility and control as your needs change. You can easily add the latest features to your existing system or upgrade to new oper- ating system packages as they become available.This helps prevent obsolescence by extending the useful life of your investment. I E Of 40 Al- / 4 _ . ..„,.,.,...,._ ....,...„ I , C3 15 1, ooE]O O 0 0 0 O 000 cI00 o 63 OOa 0000 4:5 L MCS 2000,800 MHz,Model 11 MCS 2000,800 MHz,Model III STANDARD FEATURES MODEL II / Ill .APCO 16 Trunking Features ► Standard 160 Modes Meets all APCO 16 requirements for With up to 250 mode option to meet your sys- advanced functionality. tern needs. ► Data Capability ► Unlimited Private CaIVCall Alert and Enhances your growing communication needs Telephone Interconnect (future upgradeable to 9.6 and 19.2 kBd operation). (Standard on Model III/Optional with Model II ► 1 Line x 14 Character Display With Indicators For easy to read, illuminated information. using a keypad mic.)Provides greater commu- nication flexibility. ► 13 Programmable Buttons ► 19 Number Preprogramming List in Private Call/Call Alert/Telephone Interconnect Allows you to program your radio to meet your organizational needs. Provides immediate telephone access. ► NPSPAC Frequency Operation(821-824 MHz) ► SECURENET Encryption Capability Allows confidential communications when Meets operational needs for public safety users. enabled. ► Emergency with Voice to Follow ► Four Programmable One Touch Buttons Allows voice transmission to be sent after emer- 1 Allows you to select the trunking features you gency call is made in trunked mode. need with the touch-of-a-button. Model III ONLY: Companion to the MTS 2000 Portable ► Built-In Keypad with 3 x 4 buttons allows direct L._ Permits easy transfer of operational knowledge as dialing from the control head. users alternate between mobiles and portables. OMOTOROLA i MCS 2000 Models II & Ill SPECIFICATIONS GENERAL SPECIFICATIONS RECEIVER Band: 806-869 MHz Model Numbers EIA/TIA-603 Except Data Mode. 800 MHz Model II: 10-15W MOl UGM6PW6_N(15W) Channel Spacing: 25 kHz 35W(30W T.A.) MO1UJM6PW6_N(35W) 8ensitivityWh- Model III: 10-15W M0IUGN6PW6_N(15W) 35W(30W T.A.) MO1UJN6PW6_N(35W) 12 dB SINAD: .301 • Channel Capability: Standard 160 20 dB Quieting: .40 Optional 250 Data Sensitivity Weight 10-15W 3.89 lbs @ 1%BER(dBm): 35W 4.04 lbs -MDC-4800 -115 -MMP-4800 -115 Dimensions: Trcvr 10-15W 1.73'x 6.61'W x 6.31'DI Trevr 35W 1.97'x 6.61'W x 7.76'D Adjacent Channel Control Head-Dash Mt 2.35'x 7.33'W x 1.83'D Selectivity: -80 dB Control Head-Remote Mt 2.35'x 7.33'W x 2.78'D Intermodulation: -80 dB Metering: All adjustments and alignments are performed elec- Spurious&Image Rejection: -90 dB ironically using an IBM Personal Computer,a Radio Rated Audio: 7.5W/13W External SpeakerI • Interface Box(RIB)and Field Maintenance Software. Standby @ 13 8(open): .45A Cond/Radiated Emissions: FCC Part 90 Transmit at Rated Power: Audio Response: +1 to-3 dB 800 MHz 15W 6.5A Max.Freq.Separation: 18 MHz • 35W 13.5A Frequency Stability: I Maximum Battery Drain Received %of assigned center @ 7SW Rated Audio @ 13.8V 1.7A frequency: 851-866 MHz:±2.5 • @ 13W Rated Audio @ 13.8V 2.5A -30 to+60°C ambient 866-869 MHz:±1.5 Operation: 12 VDC Neg Ground Input Impedance: 50 Ohms I Audio Output 7.5 W @ 3%distortion • TRANSMITTER Optional: 13 W @ 5%distortion EIA/TIA-803 Except Data Mode. 800 MHz SPEAKER 7.5W/ OPTIONAL 13W • • Frequency Stability:(ppm) 851-866 MHz: ±2.5 Dimensions: 5'H x 5'W x 2.7'D I%of assigned center frequency 806-821 MHz: ±2.5 Weight 20.4 ounces -30 to+60 degrees C ambient 866-869 MHz: ±1.5 - 821-842MHz: ±1.5 SECURITY Modulation Limiting: 851-866 MHz: 5.0 kHz Encryption Type: Digital 806-821 MHz: 5.0 kHz Coding Method: Multi-register non-linear combiner • 866-869 MHz: 4.0 kHz Number of Codes: Dependent on encryption options I 821-842 MHz: 4.0 kHz Synchronization: Self synchronizing or counter Data Mode System Deviation(kHz) addressing -MDC-4800 2.5 Code Key Initialization: Internally derived pseudo-random -MMP-4800 4 initializing vector -SECURENET 12 KB 800 MHz:4 821-824 MHz 2.4 Code Key Generation External hand held microprocessor Audio Distortion: 2% controlled key variable loader Audio Response: +1 to-3 dB Code Storage: Volatile electronic memory Spurious and Harmonics: -70 dBc Analog to Digital Conversions: Continuously Variable Slope Delta rated at dBm 15W:-28 35W:-24 Modulation Radiated Spurs: -13 dBm Voice Sample Rate: 12 kBit/Sec Output Impedance: 50 Ohms 'The HMN1035 microphone does not meet Blowing or Steady Rain requirements. Modulation: 14KOF1 D,14K0F2D,14KOF3E, I For additional environment specification information refer to the MIL-STD 810 15KOF2D,16KOF1 D,16K0F2D document RO-1.193. 16K0F3E,20KOF1E 821-824 MHz: 14KOF2D,14KOF3E Note:The MCS 2000 Model II and III are Typical Performance Specifications. Audio Sensitivity: 0.080V±3 dB for 60%max.dev.@ 1000 Hz FCC INFORMATIONI FM Hum and Noise: -40 dB Maximum Freq.Separation: 63 MHz 15W 800 MHz Type Acceptance Number: AZ492FT5765 35W 800 MHz Type Acceptance Number: AZ492FT5773 DURABILITY This device has not been approved by the Federal Communications • Environmental US Military US Military US Military Commission.This device is not,and may not be offered for sale or lease,or Condition Spec 810 C Spec 810D Spec 810E sold or leased until the approval of the FCC has been obtained. Method Method Method Low Pressure 500.1 Proc I 500.2 Proc I 500.3 Proc II High Temperature Storage 501.1 Proc I 501.2 Proc I Cat Al 501.3 Proc I Cat Al • High Temperature Operational 501.1 Proc II 501.2 Proc II Cat Al 501.3 Proc II Cat Al Low Temperature Storage 502.1 Proc I 502.2 Proc I Cat Cl 502.3 Proc I Cat ClI Low Temperature Operational 502.1 Proc II 502.2 Proc II Cat Cl 502.3 Proc II Cat Cl Temperature Shock 503.1 Proc I 503.2 Proc I 503.3 Proc I Solar Radiation 505.1 Proc I 505.2 Proc I 505.3 Proc I Rain Blowing' 506.1 Proc I 506.2 Proc I 506.3 Proc I Rain Steady' 506.1 Proc II 506.2 Proc II 506.3 Proc II Humidity Cycling 507.1 Proc II 507.2 Proc II 507.3 Proc III Salt Fog 509.1 Proc I 509.2 Proc I 509.3 Proc I Dust Blowing Dust 510.1 Proc I 510.2 Proc I 510.3 Proc I Dust Blowing Sand 510.2 Proc II 510.3 Proc II Vibration Minimum Integrity 514.2 Proc I 514.3 Proc I Cat 10 514.4 Proc I Cat 10 Vibration Loose Cargo Transport 514.2 Proc XI 514.3 Proc II Cat 3 514.4 Proc I Cat 3 O Shock Functional 516.2 Proc I 516.3 Proc I 516.4 Proc I MOTOROLA Shock Bench Handling 516.2 Proc V 516.3 Proc VI 516.4 Proc VI Shock Crash Hazard 516.2 Proc III 516.3 Proc V 516.4 Proc V Vibration Sinusoidal Curve W 514.2 Proc VIII 1301 E.Algonquin Road Schaumburg,Illinois 60196 PROUD SPONSOR In the U.S.call:1-800-247-2346 Support Services1 CUSTOMER Wherever Motorola sells,our product is backed U S A Outside the U.S.call:(708)576-3107 0m .w by service.Our products are serviced throughout CommuSERVICE the world by a wide network of company or 8 Motorola,MCS 2000,MTS 2000,StartSite,SMARTNET- authorized independent distributor service orga- SmartZone and FLASHport are trademarks of Motorola. nizations. w,max N7tia= ■©1995 by Motorola Inc.■ Printed in U.S.A.■(9507) Specifications subject to change without notice. "d Merit II Produced by Customer Communications. 36 USC 380 Quality Means The World To UsTM R3-1-173 1 I likwii Classic Control Center E E F...,44atiaig/ _ .WWI y .. E 1.J __ . _ ,...... _ _ ,.. . ...„ 1... . ,. ..-- , . „ .....4.4-::-,' 'i, ,, {r IThe Classic CRT'"'provides a software based interface ., , that is easily configurable.It is available running under either MS-DOS or Windows for Workgroups. FEATURES Provides Flexibility Through Upgrade to CENTRACOM EliteTM to Maximize Your Software Based Control of Screen Investment Layouts ► Classic CRT positions will work in conjunction with CENTRACOM Elite or ► Names of channels or talkgroups can be may be upgraded to Elite positions. changed ► Start with the right computer hardware on the Classic CAT to prepare for ► Look and size of each channel/talkgroup may the transition to CENTRACOM Elite. be selected ► Placement of resources on the screen may be set up by supervisor Features Are Licensed to Owners by Operator Position, Channel, or System Operates on Industry Standard Equipment Programming Is Even Easier ► MS-DOS or Microsoft WindowsTM for ► A graphics based Central Electronics Bank(CEB)programmer LWorkgroups operation (the Console Database Manager)simplifies setup ► IBM compatible workstations ► Alias names are stored in a central alias manager ► Mouse,trackball, or touchscreen Enhanced Audio Package (Console Interface Electronics) Windows Operation Increases ► Provides clear reception of radio and phone calls Operator Efficiency ► Operate Classic CRT and one other Windows program such as E911 or CAD Headset, Footswitch, Desk Mic, Handset, or ► "Stay-Top"feature lets dispatchers quickly get Gooseneck Mic Available 1 back to the dispatch screen s Supports the Motorola Radio Com- munications System Right for You ► Conventional,Stat-AIertTM,Select V, SecurenetTM SMARTNET IIT"" SmartZoneTM Conventional I. ASTROTM,SMARTNET ASTROTm,and OM MOTOROLA Embassy1M Classic CRT Control Center SPECIFICATIONS CONSOLE INTERFACE ELECTRONICS (CIE) SPECIFICATIONS DIMENSIONS Height: 4.3"(110mm) Width: 14.2"(360mm) Depth: 16.5"(420mm) ELECTRICAL Current Drain: 1.0A(120 VAC) .5A(20 VAC) POWER REQUIREMENTS: 90-264 VAC,50/60Hz 1 SPEAKERS: Select and unselect speakers with individual volume controls,VU meter,and General Transmit Bar standard.Optional monitor 1 and monitor 2 external speakers OPERATOR AUDIO INPUTS Microphone: Dynamic cardioid with a uniform frequency response and minimum front to back discrimination of 15 db. Mic Sensitivity: -65 dBm for+11 dBm line output. Mic Input Range: -65 to-35 dBm Auxiliary Mic Sensitivity: -20 dBm I External Paging Input: -10 dBm CLASSIC CRT WORKSTATION REQUIREMENTS CLASSIC CRT USER INTERFACE: 3-button mouse,3-button trackball,or touchscreen. The operator position electronics,CIE,CPU,and monitor may be located on a desktop or mounted in furniture. CLASSIC CRT MONITOR REQUIREMENTS Mouse/Trackball: 14"minimum ' Touchscreen: 20"Minimum VGA CLASSIC CRT CPU REQUIREMENTS: 486 Processor,66 MHz or faster 270 MB Hard Drive 12 MB RAM 1.44 MB floppy disk drive Microsoft Windows 3.11 or DOS 6.22 Operating System Keyboard and 3-button mouse or 3-button trackball or touchscreen RECOMMENDED WORKSTATION FOR MIGRATION OF CLASSIC CRT TO CENTRACOM ELITE WORKSTATION CPU REQUIREMENTS: •Pentium processor,90 MHz or faster •420 MB EIDE Hard Drive •32 MB RAM •256K CACHE • 1.44 MB Floppy Drive •PCI SVGA-2 MB VRAM •Microsoft Windows 3.11 and MS-DOS 6.22 •2-button mouse,2-button trackball or touchscreen •2 Serial Ports, 1 Parallel Port •CD-ROM-SCSI Drive with PCI Controller •4 ISA slots,3 PCI slots •PS/2 Mouse Port MONITOR REQUIREMENTS Mouse/Trackball: 15"minimum, 17"recommended Touchscreen: 20"minimum Super VGA,800 x 600 resolution or better CUS-1041ER PROUD SPONSOR M MOTOROLA o USA SERVICE 1301 E.Algonquin Road WS) Schaumburg,Illinois 60196 Support Services In the U.S.call:1-800-247-2346 Wherever Motorola sells,our product is backed Outside the U.S.call:(708)576-3107 by service.Our products are serviced through- out the world by a wide network of company or authorized independent distributor service Conventional ASTRO,SMARTNET ASTRO,Embassy, Winner 1988INati= organizations. Classic CRT,CENTRACOM Elite and CENTRACOM Gold Series Specifications subject to change without rd are trademarks of Motorola.•©1995 by Motorola Inc.■ notice. ' Printed in U.S.A.■(9508)Merit■ Produced by Customer Communications.36 USC 380 Windows is a trademark of Microsoft Corp. Motorola is an Equal Employment Opportunity/Affirmative Action Employer Quality Means The World To UsTM R3-13-42 I 7.0 System Pricing City of Ocoee Equipment List Subscribers Quantity Item Unit Price Extended Price City Manager 1 MTS2000 Model II Smartzone Portable 1 Single Unit Charger 2 Ultra High Capacity Spare Batteries Subtotal $2,407.75 Police Department 50 MTS2000 Model H Smartzone Portables 50 Speaker/microphones 50 Single Unit Chargers 50 Carry Cases 15 Ultra High Capacity Spare Batteries 5 Belt Clips 7 Converta Corns1 Six Unit Battery Conditioner 1 Battery Tester 14 MCS2000 Model II Smartzone Mobiles 1 Desktrac VHF Intercity Base Station Subtotal $163,256.30 Public Works Administation 1 MTS2000 Model II Smartzone Portable 1 MTS2000 Model I Startsite Portable 2Ultra High Capacity Spare Batteries 1 Six Unit Battery Conditioner Subtotal $4,470.70 PPTD 22 MTS2000 Model I Startsite Portables MOTOROLA,INC. REVISED 10/10/95 22 Ultra High Capacity Spare Batteries 22 Carrying Cases 3 Ear Receivers 4 Six Unit Battery Conditioners Subtotal $35,275.95 Solid Waste 10 MTS2000 Model I Startsite Portables 10 Ultra High Capacity Spare Batteries 10 Carrying Cases 2 Six Unit Battery Conditioners 1 Speaker/microphone NMN6191 Subtotal $16,160.40 Public Utilities 1 3 MTS2000 Model II Smartzone Portables 17 MTS2000 Model I Startsite Portables 12 Spare Ultra High Capacity Batteries 2 Six Unit Battery Conditioners 3 Ear Receivers 3 Vehicular Battery Eliminator(Cig.Lighter) Subtotal $32,301.60 Parks and Recreation 1 MTS2000 Model II Smartzone Portable 3 MTS2000 Model I Startsite Portables 4 Ultra High Capacity Spare Batteries 4 Single Unit Chargers 1 Carrying Case 1 Ear Receiver Subtotal $6,944.75 Facilities Maintenance 1 MTS2000 Model II Smartzone Portable 2 MTS2000 Model I Startsite Portables 3 Ultra High Capacity Spare Batteries 3 Carrying Cases 1 Six Unit Battery Conditioner 1 Vehicular Battery Eliminator(Cig.Lighter) Subtotal $6,111.05 I MOTOROLA,INC. REVISED 10/10/95 I Building Maintenance 1 Desktop Base Station (Telephone Handset?) 1 MTS2000 Model II Smartzone Portable 5 MTS2000 Model I Startsite Portables 1 Six Unit Battery Conditioner 6 Ultra High Capacity Spare Batteries 1 Vehicular Battery Eliminator(Cig.Lighter) Subtotal $14,726.30 City Hall 1 1 Desktop Base Station 1 MTS2000 Model I Startsite Portable 1 Single Unit Charger 1 Ultra High Capacity Spare Battery Subtotal $6,007.75 Subscriber Total $287,662.55 E. MOTOROLA,INC. REVISED 10/10/95 I Fixed Network Equipment Qty Description Total Price Police Headquarters CentraCom Series II Console System Consisting Of: 1 Central Electronics Bank $149,482.75 2 CRT Consoles with Trackball and Keyboard 1 Call Check 1 7 KVA UPS Battery System AC Surge Suppressors One Year Public Safety Warranty,7 x 24 Fire Station 6 Spectra Control Stations With Antenna Systems $42,763.75 1 850 VA UPS Battery System AC Surge Suppressors One Year Public Safety Warranty,7 x 24 Health Central 1 Bi-Directional Amplifier System $19,315.95 Smartzone System Interface Equipment Consisting of: 2 Circuit Packs $7,545.00 1 Dataline Protocol 1 Equipment Shelf Smartzone Manager 1 1 User Terminal $27,530.00 1 Manager Printer 2 Printer Cables 4 19.2 Hi-Speed Modems 2 Rack Mount Adapters Fixed Network Total $246,637.45 A MOTOROLA,INC. REVISED 10/10/95 I Pricing Summary Subscriber Equipment $287,662.55 Fixed Network Equipment $246,637.45 Integration System y eg anon $90,472.00 Project Management System Engineering System Installation System Programming System Optimization Training Five Year Maintenance Agreement $73,600.00 System Price $698,372.00 k, C C I MOTOROLA,INC. REVISED 10/10/95 AGENDA 11-7-95 Item VI B I MEMORANDUM DATE: October 30, 1995 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director Administrative Services SUBJECT: Lease/Purchase 1995/1996 LODAL EVO-MAG-20 Sideloader, Solid Waste Resolution 95- 23 As indicated in the FY96 Budget an additional side-load truck for Solid Waste is necessary as truck number 719 must be taken out of service. The remaining areas of the City will receive carts based upon the delivery of this new LODAL EVO-MAG-20. Since this is a replacement of one of the rear loaders, the payment will be made from the Solid Waste R & R Fund. Riverside National Bank offered the same effective annual interest rate of 5.828% for five years with the quarterly payments being $6,634.54 in advance. The City Attorney has reviewed and approved the lease/purchase documents. Staff recommends that the Mayor and Board of City Commissioners: (1) approve the lease/purchase agreement with Riverside National Bank for five years at 5.828% effective annual interest rate and quarterly payments in advance of$6,634.54, (2) approve Resolution 95-23and leasing agreement, and (3) authorize the Mayor and City Clerk to execute all of the necessary documents. MEB/jbw Container Systems & Equipment Co., Inc. 506 Bellevue Avenue • Daytona Beach, Florida 32114-5279 • (904) 253-5555 • FAX(904)253-8537 - PRICE QUOTATION - DATE: September 27, 1995 TO: City of Ocoee Public Works Dept. Attn: Mr. Darrel Dees QTY. DESCRIPTION PRICE EA. one (1) 1995 or 1996 Lodal EVO-MAG-20 sideloader $ 116,375.00 with 20 cu. yd. hi-compaction body and including the following: Standard Equipment Cat 3116 - 215 H.P. Allison MT-643 transmission Eaton SD66-1S front drive axle w/integral, pinion mounted transfer case (20,000 lbs. cap., 5.89 ratio) Spicer 1710 series drivelines air brakes: front - 15.5" x 8" S-cam rear - 15.5" x 8" S-cam front axle mounted park& emergency type 30 spring brakes 425/65R x 22.5 radial front and rear tires Haldex auto. slack adjusters Bendix ABS on rear wheels dual cab fans 3 position roof vent air horn battery disconnect switch hopper light Included Optional Equipment Bendix AD-9 air dryer hopper chute w/streetside door • (continued) EVO quote September 27, 1995 page 2 Kysor engine protection system dual side cart dumpers differential lock on axle plastic platen slides sp. paint color: Tangier orange cab & chassis w/white wheels amber strobe w/brushguard (tailgate mounted) F.O.B.: Ocoee, FL. DELIV.: approx. 60 to 90 days ARO TERMS: net 10 days NOTES: Prices subject to review after Jan. 1, 1996. Optional Global Back-up Sensor ( stops truck in reverse) ADD: $3,535. 2clectfully, jil Bill Young, Pres. RESOLUTION NO. 95-23 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA APPROVING A LEASE AGREEMENT WITH RIVERSIDE NATIONAL BANK OF FLORIDA AND DESIGNATING IT AS A QUALIFIED TAX-EXEMPT OBLIGATION RESOLVED, that this City enter into a certain Lease Agreement with RIVERSIDE NATIONAL BANK OF FLORIDA (hereinafter called "Lessor" ) for a LODAL EVO MAG 20 in substantially the form attached hereto and by this reference made a part hereof (the "Equipment Lease" ) and that this City lease equipment from Lessor pursuant to the terms of such Equipment Lease; and that the Mayor and the City Clerk of this City be and hereby are authorized and directed in the name and on behalf of this City to execute the Equipment Lease with Lessor in substantially the form presented at this meeting, with such changes therein and additions thereto as shall be approved by such officers who execute the same, and such execution shall be conclusive evidence that each such document so executed has been authorized and approved by this vote . FURTHER RESOLVED, that the City Commission of the City of Ocoee, Florida finds that a true and very real need exists for the acquisition of the Equipment described in the Equipment Lease and that such acquisition is in the best interests of the City of Ocoee. FURTHER RESOLVED, that the City Commission of the City of Ocoee, Florida finds that the City of Ocoee has taken the necessary steps, including compliance with any applicable legal bidding requirements, under applicable law to arrange for the acquisition of such equipment . FURTHER RESOLVED, that the obligations of the City under the Equipment Lease be hereby designated, pursuant to Section 265 (b) (3) (D) of the Internal Revenue Code of 1986, as amended (hereinafter called the "Code" ) , as comprising a portion of the $10, 000, 000 . 00 in aggregate issues which may be designated as "Qualified Tax-Exempt Obligations" eligible for the exception to the general rule of the Code which provides for a total disallowance of a deduction for interest expense allocable to the carrying of tax-exempt obligations . FURTHER RESOLVED, that the Mayor and the City Clerk of this City be and hereby are authorized to execute and deliver such other instruments and take such other actions as they shall deem necessary and desirable for the purpose of carrying out these resolutions and consummating the transactions contemplated by the Equipment Lease . FURTHER RESOLVED, that the foregoing resolutions shall remain in full force and effect until written notice of their amendment or rescission shall have been received by Lessor and that receipt of such notice shall not affect any action taken by Lessor prior thereto. FURTHER RESOLVED, that the Clerk of this City be and hereby is authorized and directed to certify to the Lessor the foregoing resolutions and that the provisions thereof are in conformity with the charter of this City. ADOPTED this day of November, 1995 . ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of November, 1995 . FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A METING HELD ON THE DATE INDICATED ABOVE UNDER AGENDA ITEM NO. By: City Attorney C:\W P51\DOCS\OCOEE\RESOLUTE.23 1 11/6/95 1 18W015 I DPB:dp LEASE AGREEMENT This Lease Agreement is entered into as of this day of , 1995 (hereinafter referred to as "Agreement") by and between Riverside National Bank of Florida (Hereinafter referred to as "Lessor") and City of Ocoee, a governmental entity and political subdivision of the State of Florida(Hereinafter referred to as"Lessee"). WITNESSETH: In consideration of the mutual covenants and conditions hereinafter set forth, the parties agree as follows: 1. TERM AND PAYMENTS: ACCEPTANCE OF PROPERTY: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, the property parts, substitutions, proceeds, increases, additions, accessions, repairs and accessories incorporated therein or affixed thereto, (hereinafter referred to as the"Property")for the amounts to be paid in the installments and on the dates set forth on each Exhibit B hereto. The term of the lease hereunder as to the Property shall commence on the Lease Commencement Date set out on each Exhibit C hereto and shall continue for the Lease Term set out on each Exhibit B hereto (the "Term"), unless earlier terminated as provided herein. Each set of exhibits shall constitute a separate scheduling of equipment and shall have their own commencement date, term and amortization schedule. Lessee agrees to make payments hereunder to Lessor, or its successors or assigns, as directed thereby, at such place as Lessor, or its successors and assigns, may from time to time hereafter designate in writing; PROVIDED, HOWEVER, THAT NEITHER THE LESSEE, OR ANY POLITICAL SUBDIVISION THEREOF SHALL BE OBLIGATED TO PAY ANY SUMS DUE TO LESSOR HEREUNDER FROM AD VALOREM TAXES. The rental payments hereunder shall be absolute and unconditional without abatement, set-off or counterclaim. The Property identified in each Exhibit A shall be purchased from such vendors as are selected by Lessee; provided, however that upon execution hereof Lessee shall thereby represent and warrant the Lessor that Lessee has executed a binding obligation to purchase the Property. Such Property shall be delivered to the Lessee with title to be made in the name of and delivered to the Lessee free and clear of all liens and encumbrances or interests of any party therein except the interest of the Lessee and Lessor hereunder. The Lessee shall at all times keep the property free of any liens or encumbrances. Lessor shall not pay any moneys to the vendor or the Lessee for payment to the vendor until Lessee certifies to the Lessor that Lessee has accepted the Property hereunder, which certification shall be substantially in the form of Exhibit C hereto, which exhibit is incorporated herein by reference. TITLE TO THE PROPERTY SHALL BE VESTED IN THE LESSEE UPON LESSEE'S ACCEPTANCE OF THE PROPERTY. 2. NEW TAXES,OTHER GOVERNMENTAL CHARGES AND UTILITY CHARGES: Lessee and Lessor contemplate that the property will be used for a governmental purpose of Lessee and , therefore, that the Property will be exempt from all taxes presently assessed and levied with respect to personal property. In the event that the use, possession or acquisition of the equipment is found to be subject to taxation in any form (except for income taxes of Lessor), Lessee will pay, as the same respectively come due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Property and any equipment or other property acquired by modification, improvement or addition to the property, as well as all gas, water, steam, electricity, heat, power, telephone, use, occupancy and upkeep of the Equipment;provided that, with respect to any governmental charges that may lawfully be assessed,Lessee shall be obligated to pay only such charges as have been assessed during the time this Agreement is in effect. Lessee may contest any such charges prior to payment with due diligence and by appropriate proceedings, provided such contest does not involve any adverse risk to Lessor's interest hereunder. 3. LESSEE'S COVENANTS AND REPRESENTATIONS: Lessee covenants and represents as follows: (a) Lessee is a governmental entity and political Subdivision of the State of Florida, and has the full power and authority to enter into this Agreement and has taken all appropriate steps to authorize the acquisition of the Property pursuant to this Agreement and upon execution hereof by Lessee this Agreement shall constitute a legal, valid and binding obligation of Lessee,enforceable in accordance with its terms. (b) All payments hereunder have been, and will be duly authorized and paid when due, except as provided in Paragraph 11,out of funds then on hand and legally available for such purpose. Lessee will, to the extent permitted by State law and other terms and conditions of this Agreement, include in its budget request for each successive fiscal period during the Term of this Agreement a sufficient amount to permit Lessee to discharge all its obligations hereunder and Lessee has budgeted and made available for the current fiscal period sufficient funds to comply with its obligations hereunder. (c) There are no pending or threatened lawsuits or administrative or other proceedings contesting the authority for, authorization or performance of,or the expenditure of funds pursuant to this Agreement. (d) Information supplied and statements made by Lessee to Lessor in any financial statement or current budget prior to or contemporaneously with this Agreement are true and correct. (e) Lessee has an immediate need for,and expects to make immediate use of, substantially all the Property, which need is not temporary or expected to diminish in the foreseeable future, and Lessee will not give priority or parity in the appropriation of funds to the acquisition or use of any substitute property for purposes or functions similar to the Property's or for the procurement of services from a third party which services are substitute for the utilization of the Property by the Lessee. (f) There are no circumstances presently affecting the Lessee that could reasonably by expected to alter its foreseeable need for the property or adversely affect its ability or willingness to budget funds for the payment of sums due hereunder. (g) Lessee's right to terminate this Agreement as specified in Paragraph 11 hereof was not an independently bargained for consideration, but was concluded solely for purpose of complying with the requirements of the laws of the State in which Lessee is located. (h) Lessee has on hand and legally available funds from resources other than ad valorem taxes sufficient to make all payments due under this Agreement during the current fiscal year of Lessee. (I) The Lessee has reviewed its projected revenues and its expenses and reasonably expects that it shall have on hand and legally available funds from sources other than ad valorem taxes sufficient so to timely make all payments as they become due under this Agreement during the Term thereof. 4. USE AND LICENSES: Lessee shall pay and discharge all operating expenses and shall cause the Property to be operated by competent persons. Only Lessee shall use the Property only for its proper purpose and will not install, use, operate or maintain the Property improperly carelessly, or in violation of any applicable law, ordinance, rule or regulation of governmental authority or in violation of any policy of insurance required pursuant to Paragraph 8 hereof, or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. Lessee shall keep the Property at the location stated on the Certificate of Acceptance executed by Lessee upon delivery of the Property, until Lessor, in writing, permits its removal, and the Property shall be used solely in the conduct of the Lessee's operations. Lessee shall obtain, at its expense, all registrations, permits, and licenses, if any, required by law for the installation and operation of the Property. If a certificate of title is issuable with respect to the Property, it shall be delivered to the Lessee showing title to be in the Lessee. 5. MAINTENANCE: Lessor shall not be obligated to make any repairs or replacements to the Property. At its own expense, Lessee shall service, repair and maintain the Property in as good condition, repair, appearance and working order as when delivered to Lessee hereunder, ordinary wear and tear from proper use alone excepted, and shall replace any and all parts thereof which may from time to time become worn out, lost, stolen, destroyed or damaged beyond repair or rendered unfit for intended use, for any reason whatsoever, all of which replacements shall be free and clear of all liens, encumbrances and claims of others, and shall become part of this Property and subject to this Agreement. Lessor may at its option, discharge such costs, expenses and insurance premiums necessary for the repair, maintenance, and preservation of the Property and all sums so expended shall be due from Lessee in addition to rental payments hereunder. 6. ALTERATIONS: (a) Lessee may, at its own expense, install or replace in or on, or attach or affix to, the Property, such equipment or accessories as may be necessary or convenient to use the Property for its intended purposes provided that such equipment or accessories do not impair the value or utility of the Property. In the event that Lessee voluntarily relinquishes possession of the Property to the Lessor in accordance with the terms hereof, all such equipment or accessories shall be removed by Lessee (and any damage to the Property resulting from such removal, repaired at Lessee's expense.) Any such equipment or accessories not removed shall become the Property of Lessor. (b) Without the written consent of Lessor, except as permitted in paragraph 6 (a) above, Lessee shall not make any other alterations, modifications or improvements hereunder. Any other alterations, modifications or improvements to the Property shall immediately become part of the Property, subject to the provisions hereof. Without the prior written consent of Lessor, Lessee shall not affix or attach any of the Property to any real property or allow it to permanently rest upon any real property or any improvement thereon. 7. DAMAGE TO OR DESTRUCTION OF PROPERTY: Lessee shall bear the entire risk of loss, damage, theft, or destruction of the Property from any and every cause whatsoever and no loss, damage, theft, or destruction of the Property from any and every cause whatsoever and no loss, damage, destruction or other event shall release Lessee from the obligation to pay the full amount of the rental payments or from any other obligation under this Agreement. (a) In the event that all or any part of the property is lost, stolen, destroyed or damaged beyond repair, Lessee shall replace the same with like Property in good repair or like value at Lessee's sole cost and expense as soon thereafter as possible, but in no event later than 60 days after such occurrence, and any such replacement shall become subject to this agreement. Insurance proceeds received by Lessor with respect to any such casualty shall be paid to Lessee if such property is replaced by Lessee as required hereunder. 8. INSURANCE: Lessee shall, for the term of this Agreement, at its own expense, maintain comprehensive liability insurance with respect to the Property insuring against such risks and in such amounts as are customary of lessees of property of a character similar to the Property. In addition, Lessee shall, for the term of this Agreement, at its own expense, maintain casualty insurance with respect to the Property insuring customary risks with coverage at all times not less than the remaining Principal Balance determined as of the end of Lessee's preceding fiscal year. All insurance policies shall be with insurers authorized to do business in the state where the Property is located and shall name both Lessor and Lessee as insured as their respective interest may appear. Insurance proceeds from casualty losses shall be applied to either(a) the replacement, repair or restoration of the Property or, (b)payment of Balance Due Lessor (as defined hereafter).Lessee shall, upon request, deliver to Lessor evidence of the required coverage's together with premium receipts covering employees working on, in or about the Property. In the event Lessee fails, for any reason, to comply with the requirement of this Paragraph, to the extent permitted by law, Lessee shall indemnify and save harmless, and, at Lessee's sole expense, defend Lessor and its agents, employees, officers and directors and the Property against all risk of loss not covered by insurance. 9. INDEMNIFICATION: Subject to the recovery limits, as set forth in Chapter 768, Florida Statutes, Lessee shall indemnify and save harmless Lessor and its agents, employees, officers, and directors from and at Lessee's expense defend Lessor and its agents, employees, officers and directors against all liability, obligations, loss, damages, penalties, claims, actions, costs and expenses (including but not limited to reasonable Attorney's fees) of whatsoever kind or nature which in any relate to or arise out of Lessee's obligation in this Agreement or the ownership, rental, possession, operation, condition, sale or return of the Property. All amounts which become due from Lessee under this Paragraph 9 shall be credited with any amounts received by the Lessor from insurance provided by the Lessee and shall be payable by the Lessee within thirty(30)days following demand therefor by Lessor and Lessee's obligations under this Paragraph 9 shall survive the termination or expiration of this agreement. 10. NO REPRESENTATION OR WARRANTIES BY LESSOR: The Lessee acknowledges that Lessee has selected the Property leased hereunder prior to having requested the Lessor the purchase the same for leasing to the Lessee, and Lessee agrees that the Lessor has made and makes no representations or warranties of any kind or nature, directly or indirectly, express or implied as to any matter whatsoever, including the suitability of such Property, its durability, its fitness for any particular purpose, its merchantability, its condition, capacity and/or its quality, and as between Lessee and Lessor's assignees, Lessee leases the Property "as is" and "with all faults" as between Lessor and Lessee. Lessor and Lessor's assignee shall be liable to Lessee for any loss, damage,or expense of any kind or nature caused directly or indirectly by any adjustment thereto, or by an interruption of service or loss of use thereof, or for any loss of business or damage whatsoever or, for consequential or any incidental damages howsoever caused. Lessor makes no representation or warranty express or implied as to the Property, its fitness for any particular purpose, its merchantability or any other matter, nor shall any such representation or warranty by the Seller to the Lessee be binding on the Lessor nor shall any such breach relieve Lessee of or in any way reduce any of the Lessee's obligations to Lessor as set forth herein. This disclaimer of representations and warranties and limitations of liability shall apply with equal force and effect to any claims of any third party against Lessor or Lessor's assignee. If the Property is not properly installed, does not operate as represented or warranted by Seller or is unsatisfactory for any reason, Lessee shall make any claim or account thereof solely against the Seller and shall nevertheless pay Lessor all rent payable under this Agreement. Lessor hereby assigns to Lessee, solely for the purpose of making and prosecuting any such claim, any rights it may have against the Seller for breach of warranty or representation respecting the Property. Lessee understands and agrees that neither the Seller nor any agent of the Seller is an agent of Lessor and that neither the Seller nor its agent is authorized to waive or alter any term or condition of this lease. 11. TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS: Lessee is a bona fide governmental entity of the State of Florida with Lessee's fiscal year ending on September 30 of each calendar year. If Lessee does not appropriate sufficient funds to continue making the payments required under this Agreement for any of Lessee's fiscal years subsequent to the one in which the Agreement is executed and entered into, then this Agreement shall be terminated effective upon expiration of the fiscal year in which sufficient funds to continue satisfaction of Lessee's obligation under this Agreement were last appropriated by Lessee ("Termination Date") and Lessee shall not, in this sole event, be obligated to make any further rental payments due beyond said fiscal year. Lessee warrants that the necessary funds have been appropriated for the Property for Lessee's fiscal year during which the execution by Lessee of this Agreement occurred. Lessee shall give Lessor immediate notice of Lessee's intent to terminate this Agreement under this Section 11 which notice shall contain the termination date, (which shall be the end of the last of Lessee's fiscal year for which appropriation for the Property were made) and shall advise the Lessor of the location or locations where the Property may be found on the Termination Date. In the event of an early termination of this Agreement under this section, all obligations of the Lessee to make rental payments which would otherwise be due hereunder after the Termination Date shall cease and the Termination Date shall cease and the Termination procedure (see Section 13 hereof entitled"Termination") shall apply to the Property as to which this Agreement is terminated. In the event that the Lessee voluntarily relinquishes possession of the Property to Lessor, Lessor shall pick up the Property, at Lessee's expense,at the location or locations designated by the Lessee and the Lessee agrees to permit Lessor access to the Property and to cooperate with Lessor in the removal of the Property in accordance with and subject to the limitations set forth in Section 13 hereof. However. Lessee agrees: (i) not to terminate this Agreement under this Section 11 if any funds are appropriated to it for the fiscal year next succeeding the fiscal year of termination, for either(a) the acquisition (by purchase or lease) of other functionally similar equipment or (b) the procurement of services from a third party, which services are functionally similar to the utilization of the Property by the Lessee, and (ii) to expressly to include in the Lessee's proposed budget appropriation the total of payments due under this Agreement. 12. DEFAULT AND LESSOR'S REMEDIES: (a) The occurrence of one or more of the following events shall constitute an Event of Default, whether occurring voluntarily or involuntarily, by operation of law pursuant to any order of any court or governmental agency. 1) Lessee's failure to make any payment hereunder when due, except as set forth in Paragraph 11; (2) Lessee's failure to comply with any other covenant condition or agreement of Lessee hereunder for a period of ten(10)days after notice in writing thereof; (3) Any representation or warranty made by Lessee hereunder shall be untrue in any material respect as of the date made; (4) Lessee becomes insolvent or admits in writing its inability to pay its debts as they mature or applies for, consents to, or acquiesces in the appointment of a trustee, receiver or a custodian is appointed for Lessee or a substantial part of its property and is not discharged within sixty (60) days; or any bankruptcy or insolvent law, or any dissolution or liquidation proceeding, is instituted by or against Lessee and,if instituted against Lessee is consented to or acquiesced in by Lessee or is not dismissed within sixty(60)days. (b) Upon the occurrence of any Event of Default specified herein Lessor may in its sole discretion exercise any or all of the following remedies: (1) Enforce this Agreement by instituting an action in a court of competent jurisdiction to recover as a general claim against Lessee, Lessor's compensatory damages resulting from Lessee's default. Lessor agrees that it shall not have a right to seek any remedy of specific performance nor shall Lessor have any "self-help" right to take possession of the Property absent Lessee's voluntary surrender thereof. (2) Terminate this Agreement, in which event, upon demand by Lessor the following procedure (the "remedy procedures")shall apply: (a) LESSEE RIGHT OF DISPOSITION. Lessee shall (i) immediately cease any use of the Property and cause the Property to be stored in an appropriate place, and (ii) dispose of the Property within sixty (60) days from receipt of such written demand for an amount which shall approximate the equipment's "Fair Market Value" (as defined hereafter) as determined by a qualified appraiser. The proceeds from the sale of the Property shall be forwarded directly to Lessor and applied to Balance Due Lessor. If the proceeds are less than the Balance Due Lessor, the Lessee shall pay the deficiency to Lessor. If the proceeds exceed Balance Due Lessor,Lessee shall keep the overage. (b) DELIVERY TO LESSOR: If Lessor fails or refuses to dispose of the Property within that sixty (60) day period, the Lessee shall, at its expense, cause possession of the Property together with all documents necessary to transfer legal and beneficial title thereto and possession thereof to Lessor and to evidence the termination of all of Lessee's interest in the Property to be delivered at Lessor's direction consistent with the terms hereof. Lessor may then dispose of Property and the proceeds from the sale of the Property shall be applied to the Balance Due Lessor. If the proceeds are less than the Balance Due Lessor, the Lessee shall pay the deficiency to Lessor. If the proceeds exceed the Balance Due Lessor, then Lessor shall pay such overage to Lessee. The term "Balance Due Lessor" shall mean the sum of all payments remaining due for the entire term of this Agreement. (c) Notwithstanding a return of the Property to the Lessor hereunder, Lessee shall remain liable to Lessor for any damages caused Lessor as a result of any breach of the provisions of this Agreement relating to matters other than rent payments; provided however, that Lessor may recover any such amounts only from general revenues of Lessee which does not arise from ad valorem taxes and are otherwise legally available therefor, to the extent available. 13. TERMINATION PROCEDURE: Lessee shall, upon any termination hereof pursuant to Paragraph 11 hereof, or if Lessee is voluntarily relinquishing the Property to Lessor,deliver the Property to Lessor unencumbered and in at least as good condition and repair as when delivered to Lessee, ordinary wear and tear resulting from proper use alone excepted, by loading the Property, at Lessee's sole expense, on such carrier, or delivering the Property to such location, as Lessor shall provide or designate at or within a reasonable distance from the general location of the Property. If Lessee fails to deliver the Property to Lessor,as provided in this Paragraph 13, on or before the date of termination of this Agreement, Lessee shall pay to Lessor upon demand, for the period from the date of termination of this Agreement to the date Lessor either obtains possession of the Property or collects the Balance Due Lessor, interest on the Balance Due Lessor in accordance with Paragraph 19 hereof. In the event Lessor is entitled under the provisions of this Agreement to obtain possession of the Property due to a voluntary relinquishment thereof by Lessee, Lessee agrees to(i)fully cooperate with Lessor in all respects in effecting a timely and orderly redelivery of the Property to Lessor, (ii) at Lessee's expense to assemble and appropriately package the Property for shipment and to make the Property so assembled and packaged available at one or more locations within the State of Florida, arranging with Lessor a convenient time for Lessor's pick up of that Property; and(iii) execute and deliver to Lessor, or at Lessor's directions, all documents necessary to transfer legal and beneficial title to the Property and possession thereof to Lessor and to evidence the termination of all of Lessee's interest in the Property. 14. ASSIGNMENT AND SUBLEASE: (a) Without the prior written consent of Lessor,Lessee shall not(i)assign,transfer,pledge or hypothecate or otherwise dispose of this Agreement, the Property, or any part thereof or interest therein, (ii) sublet the Property or any part thereof, or(iii)permit the Property to be used for any purpose not permitted by Paragraph 4 hereof. (b) Lessor shall be entitled with or without notice to, or the consent of, Lessee to sell, assign or transfer all or any part of its right, title or interest in, to and under this Agreement (including, without limitation, those with respect to the Property and all payments of any kind due or which are to become due to Lessor hereunder)and any such purchaser(s), assignee(s) or transferee(s) shall thereafter (jointly, if more than one) be deemed to be the lessor hereunder, except that Lessor and Lessee agree and acknowledge that any such purchaser(s), assignee(s), or transferee(s)will have made no representation or warranty,and therefore will assume no obligation,with respect to the title, merchantability, condition, quality or fitness of the Property for any particular purpose, or for the enforcement of any warranties or service agreement made or assigned to Lessee by the initial Lessor named herein. Upon Lessee's receipt of written notice from Lessor of Lessor's sale, assignment or transfer of all or any part of its interest hereunder, Lessee agrees to attorn to and recognize any such purchaser(s), assignee(s), or transferee(s), (jointly if more than one) as the Lessor(s) under this Agreement. Upon assignment,Lessor is thereby relieved of any further obligations. Upon written request Lessee agrees to executed and deliver such certificate or other instruments as may reasonably be requested, including, but not limited to, a separate acknowledgment of assignment and attornment certificate in the customary form as to any purchaser's, assignee's or transferee's right, title and interest in, to and under this agreement, and with respect to the Property and the payments thereafter due and payable pursuant to this Agreement. 15. PERSONAL PROPERTY: The Property is and shall at all times by and remain personal property, as described in Paragraph 6 (b). 16. LESSOR'S RIGHT TO PERFORM FOR LESSEE: If Lessee fails to make any payment or perform or comply with any or its covenants or obligations hereunder,Lessor may,but shall not be required to, make such payment or perform or comply with such covenants and obligations on behalf of Lessee and the amount of nay such payment and the expenses (including but not limited to reasonably attorney's fees) incurred by Lessor in performing or complying with such covenants and obligations, as the case may be, together with interest thereon at the highest rate permitted by applicable law, shall be payable by Lessee upon demand. 17. INTEREST ON DEFAULT: If Lessee fails to pay any payment due under this Agreement, whether payments of rent under Paragraph 1, payment of taxes under Paragraph 2, or payment for performance by Lessor of Lessee's obligations, under Paragraph 16 or otherwise, within fifteen days after the due date thereof, Lessee agrees to pay Lessor interest on such delinquent payments from the date due until actually received in immediately available funds to Lessor at the highest lawful rate permitted by applicable law. 18. NOTICES: Any notices to be given or to be served upon any party hereto, in connection with this Agreement, must be in writing and may be given by certified or registered mail, and shall be deemed to have been given and received forty-eight (48) hours after a registered or certified letter containing such notice, postage prepaid, is deposited in the United States Mail, and if given otherwise shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notice shall be given to the parties at their respective address(es) designated on the signature page of this Agreement or at such other address as either party may hereafter designate in writing. 19. MISCELLANEOUS: (a) Lessee shall, whenever requested, advise Lessor of the exact location and condition of the Property and shall give Lessor immediate notice of any attachment or other judicial process affecting the Property. Lessor may, for the purpose of inspection, at all reasonable times enter upon any job, building or place where the Property and the books and records of the Lessee with respect hereto are located. (b) Time is of the Essence. No covenant or obligations hereunder to be performed by Lessee may be waived except by the written consent of Lessor and waiver of any such covenant or obligation or a forbearance to invoke any remedy on any occasion shall not constitute a waiver of such covenant or obligation or any other covenant or obligation as to any other occasion and shall not preclude Lessor from invoking such remedy at any later time prior to the Lessee's cure of the condition, giving rise to such remedy. Lessor's rights hereunder are cumulative and not alternative. (c) This Agreement shall be construed and governed in accordance with the laws of the State in which Lessee is located. Should the Lessee be located in Florida both Lessor and Lessee hereby agree venue for all legal action regarding this Agreement shall be in accordance with the laws of the State of Florida. (d) This Agreement Constitutes the entire agreement between the parties and shall not be modified, waived, discharged, terminated, amended, altered or changed in any respect except by a written document signed by both Lessor and Lessee. (e) Any term or provision of this Agreement found to be prohibited by law or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without, to the extent reasonably possible, invalidating the remainder of this Agreement. (f) The Lessor hereunder shall have the right at any time or times, by notice to Lessee to designate or appoint any person or entity to act as agent or trustee of Lessor for any purposes hereunder. (g) All transportation, drayage, rigging, transit insurance premiums and other charges payable for delivery of the equipment to and from the premises of Lessee, and all installation, connect, disconnect and packing charges, shall be paid by Lessee. Lessee will immediately notify Lessor of any change occurring in or to the Property or any change in Lessee's address, or in any act or circumstance warranted or represented by Lessee to Lessor, or if any Event of Default occurs. (h) Use of the neuter gender herein is for purposes of convenience only and shall be deemed to mean and include the masculine or feminine gender whenever and wherever appropriate. (i) The captions set forth herein are for convenience of references only and shall not define or limit any of the terms or provisions hereof. (j) Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns,where permitted by this Agreement. (1) The Statute of Limitation for any claim arising under this Agreement shall be one year from the date said claim accrues. 20. LATE CHARGES: Whenever any payment is not made by Lessee in full during the term of this Agreement, unless otherwise terminated or expired, within thirty (30) days of the date due, Lessee agrees to pay to Lessor, not later than one month thereafter,an amount equal to 5%of the full scheduled payment but only to the extent allowed by law. Such amount shall be payable in addition to all amounts payable by Lessee as a result of exercise of any of the remedies herein provided. 21. COMMERCIAL PURPOSES: Lessee and Lessor agree that it is the intention of both parties that the equipment be used for Governmental purposes only and Lessee represents and warrants that the Equipment is hereby leased solely for governmental use. 22. ATTORNEY'S FEES: In the event either party breaches the terms of this Lease, the non-breaching party shall recover from the breaching party all costs and expenses incurred as a result of said breach, including without limitation, reasonable attorney's fees,including fees incurred at the trial or appellate levels. IN WITNESS WHEREOF, the parties have executed the Agreement as of the day of , 1995. LESSEE: ATTEST: City of Ocoee BY: By: Jean Grafton, City Clerk S. Scott Vandergrift,Mayor 150 North Lakeshore Dr., Ocoee,Florida 34761 For use and reliance only by the City of Approved by the Ocoee City Ocoee,Florida approved as to form and Commission at a meeting held on legality,this day of , 1995. , 1995 under agenda item no. By: Foley&Lardner, CITY ATTORNEY LESSO' By: P a P. Taylor Steven M. Strickland Municipal Leasing Officer Vice President 989 South Federal Highway, Stuart,FL 34994 989 South Federal Highway, Stuart,FL 34994 EXHIBIT A TO LEASE AGREEMENT EQUIPMENT DESCRIPTION QUANTITY DESCRIPTION 1 LOAD-ALL EVO MAG 20 Equipment Description with Make, Model, And Serial Number to be provided upon delivery. EXHIBIT B CITY OF OCOEE 10-26-1995 Pg 1 Compounding period. . . : Quarter Nominal annual rate. . : 5.705 % Effective annual rate: 5 .828 % Periodic rate 1. 4263 % Equivalent daily rate: 0. 01585 % CASH FLOW DATA Event Date Amount # Period End-date 1 Loan 11-15-95 116, 375. 00 1 2 Payment 11-15-95 6, 634 . 54 20 Quarter 08-15-00 AMORTIZATION SCHEDULE - Normal amortization, 360 day Pmt Date Payment Interest Principal Balance Loan 11-15-1995 116, 375. 00 1 11-15-1995 6, 634 . 54 0. 00 6, 634.54 109,740.46 1995 totals 6, 634.54 0. 00 6, 634 .54 2 02-15-1996 6, 634 . 54 1, 565. 17 5, 069 . 37 104, 671. 09 3 05-15-1996 6, 634 . 54 1, 492 . 87 5, 141. 67 99, 529 . 42 4 08-15-1996 6, 634 .54 1, 419. 54 5, 215. 00 94, 314.42 5 11-15-1996 6, 634 . 54 1, 345. 16 5, 289 . 38 89, 025. 04 1996 totals 26, 538 . 16 5, 822 . 74 20, 715.42 6 02-15-1997 6, 634 .54 1, 269. 72 5, 364 . 82 83, 660.22 7 05-15-1997 6, 634 . 54 1, 193 . 20 5, 441. 34 78 , 218.88 8 08-15-1997 6, 634 . 54 1, 115. 60 5, 518 .94 72 , 699 . 94 9 11-15-1997 6, 634 .54 1, 036.88 5, 597. 66 67, 102.28 1997 totals 26, 538 . 16 4, 615.40 21, 922 .76 10 02-15-1998 6, 634 . 54 957 . 05 5, 677 .49 61, 424 .79 11 05-15-1998 6, 634. 54 876. 07 5, 758 .47 55, 666. 32 12 08-15-1998 6, 634 . 54 793 . 94 5, 840. 60 49, 825.72 13 11-15-1998 6, 634 .54 710. 64 5, 923 . 90 43 , 901.82 1998 totals 26, 538 . 16 3 , 337. 70 23 , 200.46 14 02-15-1999 6, 634 . 54 626. 15 6, 008 . 39 37, 893 .43 15 05-15-1999 6, 634 . 54 540. 46 6, 094 . 08 31, 799 . 35 16 08-15-1999 6, 634 . 54 453 . 54 6, 181. 00 25, 618 . 35 17 11-15-1999 6, 634 . 54 365. 38 6, 269 . 16 19, 349 . 19 1999 totals 26,538 . 16 1, 985.53 24, 552 . 63 18 02-15-2000 6, 634 .54 275 . 97 6, 358 . 57 12, 990. 62 19 05-15-2000 6, 634. 54 185. 28 6, 449.26 6, 541. 36 20 08-15-2000 6, 634.54 93 . 18 6, 541. 36 0. 00 2000 totals 19, 903 . 62 554 .43 19, 349. 19 Grand totals 132 , 690.80 16, 315.80 116, 375. 00 EXHIBIT C LEASE AGREEMENT CERTIFICATE OF ACCEPTANCE TO(LEASE OR LEASE PURCHASE) AGREEMENT NO. DATED: BETWEEN Riverside National Bank of Florida (LESSOR) AND City of Ocoee. (LESSEE) To: Gentlemen: Lessee hereby certifies to you ("Lessor") that the items of Equipment which are described in the attached Scheduled "A" have been delivered to the Lessee and that such Equipment has been inspected, received, and accepted by the Lessee. The Lessee is delivering this Certificate of Acceptance to Lessor pursuant to that certain Lease Agreement referenced above. Lessee understands that Lessor is relying upon this receipt as a condition for making payment for the Equipment. LESSEE: ATTEST: BY: By: Date of Acceptance: Lease Commencement Date: Lease Term: Equipment Location: FOR USE MCMANCE ONLY BY THE CITY OP°Coes, APPROVED AeroPCjejM DLljry LNVIN My INCUMBENCY CERTIFICATE I, Jean Grafton do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the City of Ocoee a political subdivision or agency duly organized and existing under the laws of the State of Florida, that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding the offices set forth opposite their respective names. I further certify that(i) the signatures set opposite their respective names and titles are true and authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into that certain Lease/Agreement dated ,1995 between such entity and Riverside National Bank of Florida NAME TITLE SIGNATURE S. Scott Vandergrift Mayor IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such entity hereto this day of , 1995. Jean Grafton, City Clerk (SEAL) FOR USE AND MELIA=CHC BY DIE OnvOFCOol. APPROVED A{TO FOIAMO LIIILSBY FOLEY&LARDSB1 Dy My Roomy November 7, 1995 Riverside National Bank of Florida 989 South Federal Highway Stuart, Florida 34994 Re: Lease Agreement for a LOAD-ALL EVO MAG 20 Gentlemen: As counsel for the City of Ocoee, Florida ("Lessee"), we have examined the unexecuted original of the Lease Agreement (the "Agreement") undated, between Lessee and Riverside National Bank of Florida ("Lessor"), and the proceedings taken by Lessee to authorize and execute the Agreement. We have assumed the genuineness and authenticity of all documents submitted to us as originals, including but not limited to the original of the Agreement provided to Lessee by Lessor on October 27, 1995. Capitalised terms utilized herein shall be assigned the meanings given such terms in the Agreement. For the purposes of this opinion, we have assumed that the Property is delivered to and accepted by the City within one (1) year from the Commencement Date. Based upon the examination and upon such other examination as we have deemed necessary or appropriate, we are of the opinion that: 1. Lessee is a public body corporate and politic, legally existing under the laws of the State of Florida. 2. The Agreement has been duly authorized, executed and delivered by Lessee, pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, and Resolution No. 95-23 (the "Resolution"). 3. Subject to the qualifications and limitations set forth below, the Agreement is a legal, valid and binding obligation of Lessee, enforceable in accordance with its terms; provided, however, that we render no opinion as to the effect on the validity and enforceability of the Agreement or the provisions thereof which purport to vest title to the leased property in Lessee and provided further that in the event Lessee returns the equipment to Lessor and the Lessor obtains a judgment against Lessee in compensatory money damages, as a result of an event of default under the Agreement, Lessee may be obligated to pay such judgment only if the Lessor has first used its best efforts to sell or re-lease the equipment to a third party in a Riverside National Bank of Florida November 7, 1995 Page 2 commercially reasonable manner and only to the extent that a deficiency remains after pursuing such remedy. Any such compensatory damages may be limited to the then applicable purchase price. 4. To the best of our knowledge, no action, suit or litigation is pending or threatened in any court or other tribunal, state or federal, or before any governmental commission, board or authority, which if adversely determined, will have a material adverse effect on the ability of the Lessee to perform its obligation under the Agreement. 5. The Lessee is a political subdivision of the State of Florida within the meaning of Section 103 of the United States Internal Revenue Code and the related regulations and rulings. This opinion is rendered solely for your benefit and no other person or entity shall be entitled to rely on this opinion without our express written consent. FOLEY & LARDNER By: Paul E. Rosenthal, a partner cc: City of Ocoee C:\WP51\DOCS\OCOMRNERSDE.003110/31/95 1 18W015IDPB:dp ($10,000,000 small Issuer) Attached to and made a part of the certain Lease Agreement("Agreement")dated as of this day of_ , 1995 by and between Riverside National Bank of Florida,as Lessor and City of Ocoee, as Lessee. 1. Lessee has not issued, and reasonably anticipates that it and its subordinate entities will not issue, tax exempt obligations(including the Agreement) in the amount of more than $10,000,000. as a"qualified tax exempt obligation" within the meaning of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended ("Code"); and agrees that it and its subordinate entities will not designate more than $10,000,000. of their obligations as "qualified tax exempt obligations" during the current calendar year. 2. The parties assume and intend that the agreement will qualify as a"qualified tax exempt obligation within the meaning of Section 265 (b) (3) (B) of the Code. In the event that Lessor either (i) receives notice from the Internal Revenue Service;or(ii) reasonably determines, based on an opinion of independent tax counsel selected by Lessor and approved by Lessee, which approval Lessee shall not reasonably withhold, that the otherwise applicable exception set forth in Section 265 (b) (3) of the Code is not available, then Lessee shall pay to Lessor during the term of the Lease, unless otherwise terminated or expired, within thirty (30) days after receiving notice from Lessor of such event, the amount which with respect to rental payments previously paid, will restore the after-tax yield on the transaction evidenced by the Agreement to that which it would have been had such exception been available, and pay as an additional rent on succeeding rent payment due dates such amounts as will maintain such after-tax yield. 3. The obligations of Lessee hereunder which accrue during the term of the Agreement shall survive termination of the agreement. 4. The parties agree that this Rider is an integral part of the Agreement. Date: LESSEE: City of Ocoee BY: S. Scott Vandergrift,Mayor For use and reliance only by the City of Approved by the Ocoee City Ocoee,Florida approved as to form and Commission at a meeting held on legality, this day of , 1995. , 1995 under agenda item no. By: Foley&Lardner, CITY ATTORNEY LES SOOIP ' By:AM 2Ilik-G1"—( ' . P. Taylor Steven M. Strickland Municipal Leasing Officer Vice President 989 South Federal Highway 989 South Federal Highway Stuart,Florida 34994 Stuart,Florida 34994 FOR USE MID RELIANCE ONLY BY THE CRY OF OCOEE, APPROVED AS TO FORM MD MALIN el*--ARV �}L- FOLEY&LAICISM By C!y Mowry AGENDA 11-7-95 Item VI C 1 MEMORANDUM DATE: October 18, 1995 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director Administrative Services SUBJECT: Change Order 2 Withers-Maguire House Renovations, Phase III (Mitchell Building Contractors, Inc.) On October 16, 1995, the Architect accepted the interior work on the Withers-Maguire House by Mitchell Building Contractors, Inc. This action included Protective Inspections Department's approval, the Ocoee Historical Commission's review, and successful completion of all punch list items. There were two change orders necessitated by the results of demolition, unforeseen and outside the scope of the contracted services. Change Order 1 included: • (1) Demolition and reframing second floor bathroom floor; (2) Additional framing for first floor bathroom; (3) Leveling concrete base for installation of tile; (4) Replacement of the floor under the refrigerator; (5) Modification of door, frame and trim for handicap access from porch to bathroom (first floor); (6) New water closet in second floor bathroom. The second change order consisted of: (1) Additional light and switch in closet required by the Building Department; (2) Pressure treated shoring material and labor to support excavation for installation of air conditioning unit under the kitchen floor; (3) Access platforms over HVAC ducts in the attic; (4) Insect screen on louvers in attic; �i� (5) Additional concrete required to extend handicap landing to existing walkway due to relocating ramp layout; (6) Relocation of Owner's stored material which had been requested to be removed; (7) Staining of baseboards at corner of north and east walls of bedroom #1 to blend with flooring; (8) Installing of 3 additional fire extinguishers as required by the Building Department; (9) Painting of all exterior doors, changing color to white, total of ten doors. Mitchell Building Contractors continued working because no one item was large enough to warrant delay in the overall project. Staff recommends acceptance of authorized Change Order 1 in the amount of$2,726.30 with 15 additional days and approval of Change Order 2 to Mitchell Building Contractors, Inc. in the amount of$1,813.00. Both are to be paid by transfer of FY96 001-511-4620 to Fund 607 in an amount totalling $3,121.69; there were monies remaining in the Withers-Maguire restoration contingency, hence the lesser figure for transfer. Action Requested The Mayor and Board of City Commissioners (1) accept the previously authorized Change Order 1 in the amount of$2,726.30 to Mitchell Building Contractors, Inc.; (2) approve Change Order 2 to Mitchell Building Contractors, Inc. for $1,813.00; (3) authorize the Mayor and City Clerk to execute Change Order 2; (4) approve the transfer of$3,121.69 from FY96 001-511-4620 to Fund 607; and, (5) close-out Phase III of the Withers-Maguire House Renovation with completion of all the proposed tasks. MEB/jbw CHANGE ORDER Distribution to: AIA DOCUMENT G701 OWNER ARCHITECT CONTRACTOR FIELD OTHER PROJECT: Withers-Maguire House Renovations, Phase III CHANGE ORDER NUMBER: #1 16 E. Oakland Avenue; Ocoee, Fl. 34761 INITIATION DATE: July 25, 1995 TO: Mitchell Building Contractors, Inc. 15 N. Tampa Avenue ARCHITECT'S PROJECT t 9104 Orlando, Florida 32805 CONTRACT FOR: General Construction CONTRACT DATE: February 21, 1995 You are directed to make the following changes in this Contract: Demo and reframing second floor bathroom floor; First floor additional framing 0 bathroom floor; Leveling concrete base for installation of tile; Replacement of floor under refrigerator in kitchen; Modify door, frame t trim to provide handicap access from porch to bathroom, first floor; and Nem vatercloset P second floor bathroom, credit for plaque signage. See attached backup - Request for Change Order #1, dated July 25, 1995. Not valid until signed by both the ()viler and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original Contract Sum vas $206,065.00 Net change by previously authorized Change Orders S 0.00 The Contract Sum prior to this Change Order vas $206,065.00 The Contract Sum rill be increased by this Change Order $ 2,726.30 The new Contract Sum including this Change Order rill be $208,791.30 The Contract Time rill be increased by 15 Days. The Date of Substantial Completion as of the date of this Change Order therefore is August 17, 1995 Authorized: CONTRACTOR: ARCHITECT: OWNER: Mitchell Building Contractors, Inc. Chalmers Yeilding, Architect City of Ocoee 15 N. Tampa Avenue 536 Lake Avenue 150 N. Lakeshore Drive Orlando, Fl. 32805 Orlando, Fl. 32801 Ocoee, Fl. 34761 BY: /./ Alt.4 ,Maib BYBY: July 25, 199 DATE: , eo. /1/vS DATE: /QA7PlypQ— AIA DOCUMENT 6701 - CHANGE ORDER - APRIL 1978 EDITION - AIA - 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.Y., WASHINGTON, D.C. 20006 6701-1978 Mitchell _uitc_in9 eonbtactoT3.,_am evi f;zd gEnvtai eon oz July 25, 1995 Chalmers Yeilding, Architect 536 Lake Avenue Orlando, Fl. 32801 RE: Withers-Maguire House Renovations Phase III Request for Change Order #1 Request for change in scope of work. 1 - Demo & reframing second floor bathroom floor Carpentry labor - 2 men, 7 hours $ 192. 50 Materials 107. 51 2 - First floor additional framing @ bathroom floor Carpentry labor - 2 men, 10 hours 275. 00 Materials 168. 00 3 - Leveling concrete base for installation of tile Subcontractor 660. 00 4 - Replacement of floor under refrigerator in kitchen Carpentry labor - 1 man, 2 1/2 hours 31. 25 Materials 12. 26 5 - Modify door, frame & trim to provide handicap access from porch to bathroom, first floor Carpentry labor - 2 men, 6 1/2 hours 178. 75 Materials 119. 00 6 - New watercloset @ second floor bathroom Materials 125. 00 7 - Plaque signage credit ( 130. 80) subtotal 1, 738. 47 Payroll taxes & insurance 316. 66 Sales tax 31. 91 subtotal 2, 087. 04 General Conditions 208. 70 subtotal 2, 295. 74 Contractor 's Overhead & Markup 344. 36 subtotal 2, 640. 11 Bond 86. 19 Total Amount of this Change Order 82, 726. 30 Res a tfully tted, ' ol�' John M. Ditsler Vice President CG C057720 CG C017002 JMD/cn 15 2V.!amfza c4venuz • C!zfando,gZ'oatda 32805 • (407)841-6882 • Jax(407)841-16o7 CHANGE ORDER Distribution to: AIA DOCUMENT G701 OWNER _ ARCHITECT CONTRACTOR FIELD OTHER PROJECT: Withers-Maguire House Renovations, Phase III CHANGE ORDER NUMBER: #2 16 E. Oakland Avenue; Ocoee, Fl. 34761 INITIATION DATE: October 13, 1995 TO: Mitchell Building Contractors, Inc. 15 N. Tampa Avenue ARCHITECT'S PROJECT 4 9104 Orlando, Florida 32885 CONTRACT FOR: General Construction CONTRACT DATE: February 21, 1995 You are directed to make the following changes in this Contract: Items completed during the job that were either unforeseen , not in the scope of the contract documents or were requested to be done; and were agreed to as a change order by Nontye Beamer on Oct. 12th. Additional light b switch in closet required by the Building Department; pressure treated shoring material & labor to support excavation for installation of air conditioning unit under the kitchen floor; access platforms over HVAC ducts in the attic; insect screen on louvers in attic; additional concrete required to extend handicap landing to existing walkway due to relocating ramp layout; relocating of Owner's stored material which had been requested to be removed; staining of baseboards at corner of north and east walls of bedroom #1 to blend with flooring; installation of 3 additional fire extinguishers as required by the Building Department; credit for substitution of drywell construction; painting of all exterior doors, changing color to white, total of ten doors. See page 2 for price breakdown. Mot valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original Contract Sum was $206,065.00 Net change by previously authorized Change Orders S 2,726.30 The Contract Sum prior to this Change Order was $208,791.30 The Contract Sum will be increased by this Change Order $ 1,813.00 The new Contract Sum including this Change Order will be $210,604.30 The Contract Time will be increased by Days. The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: CONTRACTOR: ARCHITECT: OWNER: Mitchell Building Contractors, Inc. Chalmers Yeilding, Architect City of Ocoee 15 N. Tampa Avenue 536 Lake Avenue 150 N. Lakeshore Drive Orlando, Fl. 32805 Orlando, Fl. 32801 Ocoee, Fl. 34761 BY: A,/ . � ► . : s BY: DA, October 13, 1'5 DATE: 1t/4,././4 DATE: AIA DUCUMEIT G701 - CHANGE ORDER - APRT'_ 1978 EDITION - AIA - 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G701-1978 October 11, 1995 RE: Vithers-faguire House Renovations, Phase 1II 16 E. Oakland Avenue; Ocoee, Fl. 34761 The following is a list of items that were done during Phase III that were either unforeseen, not in the scope of the construction documents or were requested to be done. Please contact me if I can be of any further assistance to you or if you have any questions. (1) Additional light & switch in closet required by the Building Department $ 209 (2) Pressure treated shoring material & labor to support excavation for installation of air conditioning unit under the kitchen floor S 249 (3) Access platforms over HVAC ducts in the attic 9 43 (4) Insect screen on louvers in attic $ 69 (5) Additional concrete required to extend handicap landing to existing walkway due to relocating ramp layout $ 174 (6) Relocating of Owner's stored material which had been requested to be removed 9 77 (7) Staining of baseboards at corner of north and east walls of bedroom 11 to blend with flooring S 45 (8) Installation of 3 additional fire extinguishers as required by the Building Department $ 326 (9) Credit for substitution of drywell construction ($ 75) (10) Painting of all exterior doors, changing color to white, total of ten doors. S 696 TOTAL $1,813 AGENDA 11-7-95 "CENTER OF GOOD LIVING -PRIDE OF WEST ORANGE" Item VI C 2 Ocoee J. OS-VA l VL]1VLGA\UA\ACA ICY COMMISSIONERS RUSTY JOHNSON _ � a CITY OF OCOEE PAUL W.FOSTER C.; 0 150 N.LAKESHORE DRIVE SCOTT A.GLASS 1;:: _1 ?V OCOEE,FLORIDA 34761-2258 JIM GLEASON ==='J (407)656-2322 CITY MANAGER �� Qf Gp00 ELLIS SHAPIRO MEMORANDUM DATE: October 18, 1995 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director ( )-1 Administrative Services SUBJECT: Maintenance of the Withers-Maguire House Mitchell Building Contractors, Inc. has completed warranty work to the exterior of the Withers- Maguire House. To continue the maintenance and repair, staff is requesting that Mitchell Building Contractors, Inc. be allowed to: (1) Wash all exterior surfaces using soap and bleach; (2) If bug stains on front porch walls are not removed by washing, walls will be sealed, prepped and repainted; (3) Repaint metal flashing at front top porch floor; (4) Clean exterior of windows and door glass; (5) Install Owner supplied screens and hardware. The cost will be $4,878.00 and will be paid from FY96, 001-511-4620. This should conclude most of the work necessary in preparation for the first public preview of the House. However, the final item to be addressed will be the ground accent lighting around the front porch; the flood lights have attracted a multitude of unwanted insects and have provided the perfect location for the incubation of many forms of mold, mildew, dirt, and bugs. These flood lights must be replaced with some other type of lighting. Staff will provide possible examples in subsequent Commission meetings. After the above-outlined work is completed, the spot lights will be turned off or at least dimmed considerably. MEB/jbw Mitchell eontzartou,fin¢. erticludgentlat eonbcaatos October 13, 1995 Me. Montye Beamer City of Ocoee 150 H. Lakeshore Drive Ocoee, Fl. 34761 RE: Renovations to Withers-Maguire House, Phase 3 16 East Oakland Avenue; Ocoee, Florida Dear Ms. Beamer, The following is a list of maintenance repairs that I legal you will need to make. Please contact me if I can be of any further assistance to you or if you have any questions. ( 1 ) Wash all exterior surfaces using soap and bleach $1, 300 (2) If bug stains, on front porch wells are not removed by washing, we will seal, prep and repaint walls $1, 050 (3) Repaint metal flashing at front top porch floor 0 200 (4) Clean exterior of windows and door glass g 375 (5) Installation of Owner supplied screens and hardware $1, 953 Total $4, 878 Sincerely submitted, r74)44 7774(Z&Ei<. Jahn M. Ditsler Vice President CG C057720 • JMD/cn CC: File rg ea1!'7an a ogvenue • 10dando,ToRcda 32.q • (q07)841-6882 • 7-ax(407)841-1607 AGENDA 11-7-95 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item VI C 3 Ocoee \� COMMISSIONERS CITY OF OCOEE O� -� RUSTY JOHNSON •• . v / 141P ` 0 150 N.LAKESHORE DRIVE PAUL WFOSTER SCOTT A.GLASS °444, ..\19: 41 � V OCOEE,FLORIDA 34761-2258 JIM GLEASON �'yF ��� (407)656-2322 CITY M ANAGIiR Of GOOD ELLIS SHAPIRO MEMORANDUM DATE: October 18, 1995 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director Administrative Services SUBJECT: Ocoee Historical Commission, Inc. Resolution 95-24 On February 19, 1985 the Board of City Commissioners adopted Resolution 85-4 recognizing the Ocoee Historical Commission, Inc. as an official body designated to be responsible for making recommendations for the restoration of the Withers-Maguire House. Their efforts have scaled obstacles greater than mere recommendations in their successful pursuits to obtain state/federal grants totalling $318,197. Their collective and individual input on the plans and their evaluation of the actual demolition and construction have been invaluable. With over 85% of the renovation/restoration completed (outstanding items include such projects as wallpapering the bedrooms, refinishing additional hearths/fireplaces, insulating exterior walls on second floor back porch, appropriate alarm systems) the time has arrived to plan for the future use of the House as a Museum (grant requirement). To do so and to obtain any additional state funding requires staffing by City employees or expanding the Ocoee Historical Commission, Inc. responsibilities to include curator. The Comprehensive Plan identifies in the Future Land Use Element, Policy 5.1 that ... the City shall preserve the historic resources... and in the Housing Element, Objective 7 that the City shall promote the identification, preservation, and redevelopment of neighborhoods, historically significant houses and other buildings in the City. Expanding the responsibilities of the Ocoee Historical Commission, Inc. to include making recommendations for restoration of other historically significant buildings, landmarks and areas within the City will ensure the fulfillment of the objectives and policies consistent with the Comprehensive Plan. Resolution 95-24(1) establishes Ocoee Historical Commission, Inc. as curator for the Withers- Maguire House Museum and (2) expands its mission from the Withers-Maguire House into other areas of historic significance. Staff recommends the approval of Resolution 95-24 and the authorization for the Mayor and City Clerk to execute. RESOLUTION NO. 95- 24 A RESOLUTION OF 1UE CITY OF OCOEE, FLORIDA, DECLARING THE WITHERS-MAGUIRE HOUSE AS AN OFFICIAL MUSEUM OF THE CITY OF OCOEE; DESIGNATING AND AUTHORIZING THE OCOEE HISTORICAL COMNIISSION, INC., AN OFFICIAL BODY OF THE CITY OF OCOEE, FLORIDA, TO OPERATE ME WITHERS-MAGUIRE HOUSE MUSEUM; AUTHORIZING THE OCOEE HISTORICAL COMMISSION, INC. TO MAKE RECOMMENDATIONS TO THE CITY COMMISSION FOR DESIGNATION AND RESTORATION OF HISTORICALLY SIGNIFICANT BUILDINGS, LANDMARKS AND AREAS OF THE CITY OF OCOEE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, by Resolution No. 85-4, previously recognized the Ocoee Historical Commission, Inc. as an Official Board designated by the City Commission to make recommendations for the restoration of the Withers-Maguire House; and WHEREAS, the City has substantially completed the exterior and interior restoration of the Withers-Maguire House; and WHEREAS, the City desires to establish the Withers-Maguire House as an official museum of the City of Ocoee and to collect, preserve and display furnishings, artwork, historical relics, rare books and other personal property relating to the history of the City of Ocoee in the Wither-Maguire House Museum; and WHEREAS, the City Commission desires to authorize the Ocoee Historical Commission, Inc. to operate the Withers-Maguire House Museum as curator at the direction and on behalf of the City; and WHEREAS, the City Commission appreciates the dedication and quality of service provided by the members of the Ocoee Historical Commission, Inc. in all of their past efforts relating to the Withers-Maguire House, and desires to expand the designation and responsibility of the Ocoee Historical Commission, Inc. to permit its members to operate the Withers-Maguire House Museum and to make recommendations for designation and restoration of other historically significant buildings, landmarks and areas within the City. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt ' Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 66, Florida Statutes. SECTION 2. Establishment of Museum. The City Commission hereby designates and proclaims the Withers-Maguire House to be an official museum of the City of Ocoee which shall be referred to as the "Withers-Maguire House Museum" and shall be operated and maintained as determined by the City. SECTION 3. Operation of Withers-Maguire House Museum. The City Commission hereby designates and authorizes the Ocoee Historical Commission,Inc., an official body of the City of Ocoee, to operate the Withers-Maguire House Museum as curator at the direction and on behalf of the City of Ocoee. The Ocoee Historical Commission, Inc., is a not- for-profit corporation organized under the laws of the State of Florida and has and will continue to elect its directors, appoint its officers and accept members as provided in its articles of incorporation and bylaws, and the City of Ocoee shall not be responsible to appoint any of its directors, officers or members. The City of Ocoee and the Ocoee Historical Commission, Inc. shall enter into an operation agreement which will contain the terms, provisions, policies and procedures for the operation and management of Withers-Maguire House Museum. SECTION 4. Designation. The City Commission hereby designates the Ocoee Historical Commission, Inc., an official body of the City of Ocoee, as responsible for making 2 recommendations, from time to time, to the City of Ocoee for designation and restoration of other historically significant buildings, landmarks and areas within the City. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1995. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMIVIISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY ON , 1995 this _ day of , 1995. UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 3 AGENDA 11-7-95 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item VI C 4 Ocoee , �ti S COMMISSION[RS I ► k CITY OF OCOEE RUSTY'°HNSON P . AUL W.FOSTER v 0 150 N.LAKESHORE DRIVE SCOTT A.GLASS C's (;: 1 V OCOEE,FLORIDA 34761-2258 JIM GLEASON y�, Q�' (407)656-2322 CITY M nnGi:R e4. 1J OF 000V ELLIS SHAPIRO ,. .MEMORANDUM DATE: November 2, 1995 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director Administrative Services SUBJECT: Withers-Maguire House Museum Operation Agreement In accordance with Resolution 95- 24 the attached Withers-Maguire House Museum Operation Agreement with exhibits and attachments represents all the terms, provisions, policies and procedures for the operation and management of the Withers-Maguire House Museum by the Ocoee Historical Commission, Inc. as Curator. The Withers-Maguire House Museum shall be maintained as a museum in order to: 1. explain, detail, describe and clarify the history of Ocoee: the city, its commercial buildings, residences, and citizens 2. maintain and acquire by purchase, gift, devise or otherwise personal property for display in the Withers-Maguire House Museum 3. collect, preserve and display records, furniture and furnishings and other personal property which relate to the historical aspects of the community 4. collect, preserve and display furniture, furnishings, artwork, historical relics, rare books and other property which relate to the history of Ocoee or to the restoration to their original condition of several of the rooms in the Withers-Maguire House Museum. The initial time frame for this Agreement is five (5) years with automatic one (1) year extensions unless either party should request termination. Within the House on the second floor office space will be provided to the Historical Commission; this contemplates their obligation as curator to care for the collection and keep the necessary records for all inventory, including those objects d'art on loan. With these responsibilities as Curator are the following ethical standards. C�- g An employee, officer, director, member or volunteer of the Curator may not: A. receive a commission, fee or financial benefit in connection with the sale, exchange or loan of an object in the Collection or the Holdings; or B. be a business associate, employee or owner of any individual, firm or organization involved in the sale or exchange of an object in the Collection or the Holdings without the express prior written approval of the City; C. provide appraisals for any purpose, including the establishment of tax-deductible values for gifts offered to the Withers-Maguire House Museum; D. authenticate any object for persons or agencies under circumstances that could encourage or benefit illegal, unethical, or irresponsible sale, donation or loan of such objects; E. purchase or otherwise receive title or ownership to an deaccessioned object without the express prior written approval of the City. By December, 1996, the Museum will be fully operational. The interior has been restored/renovated between 85% and 90% complete with wallpapering and some hearth refinishing as the larger outstanding projects. The next thirteen months (November, 1995, through November, 1996) will be utilized by the Curator to set up the system for acquisition and place the carefully chosen furnishings within the various rooms. The policies have been formalized not only for accounting and insurance purposes but also to ensure the care of all the collection. This will be a museum, not an attic; the record keeping shall include video and current appraisals of any donation or loan. The City's responsibility includes: 1. Insurance coverage on the House and Collection; 2. Grounds maintenance; 3. Emergency preparedness of building; 4. Interior repairs within the guidelines of the restoration period and with the supervision of the Curator; 5. Maintenance of the mechanical, electrical or plumbing facilities. The House will be a No-Smoking environment both on the inside and within ten (10) feet of the building. There will be no rental of the interior for the protection of the collection; City employees entry without the Curator will be only in cases of emergency. All requirements of the American with Disabilities Act will be met by having a video of the upstairs available downstairs in a convenient location. When the Ocoee Historical Commission convenes as Curator, the meeting will follow the Florida Sunshine rules; these requirements have been provided to the Historical Commission. Staff recommends the approval of the Withers-Maguire House Museum Operation Agreement with its exhibits and attachments by and between the City of Ocoee and the Ocoee Historical Commission, Inc. and the authorization for execution. The City Attorney drafted these documents in coordination and cooperation with the Historical Commission, Inc. All necessary documents will be voted on by the Historical Commission, an active Florida not-for-profit corporation. Staff wishes to express its thanks and appreciation to the Historical Commission Museum Committee for its hard work, research, and countless visits/conferences with other established Museums. Their work was invaluable and reflects their commitment to the on-going operation and care of the Museum. My personal thanks to Nancy Maguire for her efforts and patience. MEB/jbw Attachment WITHERS-MAGUIRE HOUSE MUSEUM OPERATION AGREEMENT by and between THE CITY OF OCOEE, a Florida municipal corporation and OCOEE HISTORICAL COMIVIISSION, INC., a Florida not-for-profit corporation WIT ERS-MAGUIRE HOUSE MUSEUM OPERATION AGREEMENT THIS WITHER-MAGUIRE HOUSE MUSEUM OPERATION AGREEMENT (this "Agreement") is made this day of , 1995, by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City"), whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, and OCOEE HISTORICAL COMMISSION, INC., a Florida not-for-profit corporation (hereinafter collectively referred to as the "Curator"), whose mailing address is 16 East Oakland Avenue, Ocoee, Florida 34761. RECITALS A. The City is the owner of a historical structure and related improvements known as the Withers-Maguire House, together with personal property owned by the City and displayed therein or designated for use therein (the "Museum") located on certain real property in Orange County, Florida, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and B. The City has completed the internal and external restoration of the Museum and the City intends that the Wither-Maguire House will be operated as an official museum of the City of Ocoee top reserve and display furnishings, artwork, historical relics, rare books and other property relating to the history of the City of Ocoee and its citizens. C. The Curator has requested the City to permit the Curator to operate the Museum on behalf of the City and the City has agreed to authorize the Curator to operate the Museum. D. The City and the Curator desire to enter into this Agreement to set forth the terms, conditions and responsibilities of the Curator in the operation, management, maintenance and day-to-day care of the Museum. NOW, THEREFORE, in consideration of the mutual premises hereof, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. APPOINTMENT OF CURATOR AUTHORITY. The City hereby appoints the Curator as the official curator of the Museum to operate, manage, maintain and otherwise utilize the Museum, subject to and in strict compliance with the terms and conditions contained in this Agreement. The Curator hereby accepts its appointment as curator, subject to and in strict compliance with the terms and conditions contained in this Agreement. By acceptance of this appointment, the Curator shall have the authority, subject to the terms and conditions set forth in this Agreement, to manage and operate the Museum on a daily basis; conduct programs and activities; raise funds; request and receive gifts, and bequests of money; acquire, receive, and hold funds, objects of value or other personal property; and make expenditures to or for the direct benefit of the Museum; all on behalf of any for the benefit of the City. SECTION 3. OPERATION. The Curator shall have access to the Museum commencing on the Effective Date of this Agreement to acquire, obtain, and establish the Museum Collection and set up the Museum for operation. The Curator anticipates that the Museum will be ready to open for operation on December 1, 1996. The Curator shall provide thirty (30) days prior written notice to the City before the anticipated date of opening of the Museum to the public. Within such thirty day period, the City shall cause an inspection of the Museum and the Museum collection and provide the Curator with changes, if any, which are required to be made prior to the anticipated opening date. The Curator shall make any such changes requested by the City. The Curator and the City acknowledge that the Museum may be open, as approved by the City and the Curator, for operation or viewing on a limited basis prior to the anticipated opening date. Notwithstanding anything contained herein to the contrary, the Museum may not be opened to the public until the Curator has received approval from the City. In order to reduce the daily wear and tear on the Museum, the Museum shall only be open to the public on certain days and at certain times as provided in the Collection Policies (as defined below). SECTION 4. COLLECTION POLICIES. The Curator hereby agrees to operate the Museum pursuant to the Withers-Maguire House Museum Collection Policies (the "Collection Policies"), a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference, as amended by the City from time to time, in the City's sole and absolute discretion. SECTION 5. TERM. This Agreement shall be for an initial term of five (5) years, which term shall be automatically extended for additional one (1) year periods, unless either party provides the other party written notice of termination ninety (90) days prior to the expiration of the initial term or any additional term; provided, however, in the event the City shall revoke the appointment of the Curator pursuant to Section 18 hereof, then this Agreement shall terminate as provided therein. SECTION 6. CURATOR OFFICE SPACE. The City and the Curator agree that a portion of the Museum, designated as Site No. 14 on the proposed floor plan previously provided by the Curator to the City, may be utilized as the office space for the Curator for its daily operation activities, which area will not be open to the public. Upon receipt of a written request from the Curator to relocate this office to another area within the Museum, the City may agree to such relocation, at the City's sole discretion. SECTION 7. FEES. The Museum shall be open to the public without fee for admission. In order to offset the cost of operation of the Museum, the Curator may make a 2 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the day and year first above written. "C " Signed, sealed and delivered CITY OF OCOEE, in the presence of: a Florida municipal corporation By: Signature S. Scott Vandergrift, Mayor Print/Type Name Attest: Jean Grafton, City Clerk Signature (SEAL) Print/Type Name FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1995. FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMIVIISSION AT A MEETING HELD ON , 1995 By: UNDER AGENDA ITEM NO. City Attorney c:\wpsi\DocskocomwrrHERs.AGm I10/30/95I 18W013IDP13* 8 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995. Signature of Notary Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 9 IN WITNESS WHEREOF, the Curator has caused this Agreement to be duly executed the day of , 1995. "CURATOR" Signed, sealed and delivered OCOEE HISTORICAL COMMISSION, in the presence of: INC., a Florida not-for-profit corporation By: Signature Name: Title: Print/Type Name (CORPORATE SEAL) Signature Print/Type Name STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared as of OCOEE HISTORICAL COMMISSION, INC., a Florida not-for-profit corporation, who [ ] is personally known to me or[ ]produced as identification, and that he/she acknowledged executing the foregoing instrument on behalf of said corporation, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him/her, and that the seal affixed hereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995. Signature of Notary Name of Notary (Typed,Printed or stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): C:\WPSI\DOCS\OCOEE\WWICHFRS.AGM 110/30/93 1ISWOIS 1DPB:dp 10 EXHIBIT "A" [ LEGAL DESCRIPTION ] Begin at the Southwest corner of Lot 6, Block 2, MAP of the TOWN OF OCOEE, according to the plat thereof as recorded in Plat Book A, Pages 100 and 101, of the Public Record of Orange County, Florida; run thence Easterly 325.0 feet along the South line of said Lot 6, thence Northerly parallel with the West line of said Lot 6 a distance of 244 .5 feet, thence West 325.0 feet to a point on the Bluford Avenue easterly right. of way 244.5 feet Northerly of said Southwest corner of Lot 6, thence Southerly along the West line of said Lot 6 a distance of 244.5 feet to the point of beginning. CAWP5MOCSOCOEL1WrINERS.AGMIIOMONST►aw015jDP8 Examn "B" WITHERS-MAGUIRE HOUSE MUSEUM COLLECTION POLICIES for use by OCOEE HISTORICAL COMMISSION, INC. OCOEE, FLORIDA PREFACE The purpose of this manual is to establish policies whereby the Ocoee Historical Commission, Inc., a Florida not-for-profit corporation (the "Curator") may properly acquire, document, display, conserve, manage, and utilize collections on behalf of and for the benefit of the City of Ocoee (the "City") for the Withers-Maguire House Museum in conformance with the highest standards of the museum profession. The Withers-Maguire House Museum shall be maintained as a museum in order to: 1. explain, detail, describe and clarify the history of Ocoee: the city, its commercial buildings, residences, and citizens 2. maintain and acquire by purchase, gift, devise or otherwise personal property for display in the Withers-Maguire House Museum 3. to collect, preserve and display records, furniture and furnishings and other personal property which relate to the historical aspects of the community 4. to collect, preserve and display furniture, furnishings, artwork, historical relics, rare books and other property which relate to the history of Ocoee or to the restoration to their original condition of several of the rooms in the Withers-Maguire House Museum In pursuance of these purposes and goals, the City hereby adopts these Collection Policies to provide the policies and procedures for the operation and management of the Withers-Maguire House Museum by the Curator on behalf of and for the benefit of the City. NATURE AND SCOPE OF COLLECTION 1. OVERVIEW 1.1 The range of artifacts in the collection of the Withers-Maguire House of Ocoee, Florida will trace the history of Ocoee from the early 1800's into the twentieth century. The objects which are appropriate for the collection include the fine and decorate arts, artifacts relating to historic events or persons, industrial, commercial and agricultural artifacts, and artifacts which relate to education, politics, religion, recreation, and everyday life in Ocoee, household furnishings and utensils, glass, ceramic textiles, clothing, agricultural tools, drawings, paintings, engravings, historical relics, reference books, rare books, maps manuscripts and archival materials pertinent to the purpose of the collection. 2. DEFINITIONS 2.1 ACCESSION: (1) when used in relation to an object, means an object acquired by the City as part of the Collection for the Withers-Maguire House Museum; (2) the act of accepting, recording, and processing an object as a Collection item. 2.2 ACCESSION NUMBER: a control number, unique to an object, whose purpose is identification, not description, based on order of acceptance as part of the Collection and including the date of accession. 2.3 ACCESSIONS REGISTER: the official log book which lists all accessions sequentially by accession number, the object description, location, source and date of acquisition. 2.4 COLLECTION: the entire collection of accessioned objects belonging to the City for display at the Withers-Maguire House Museum. 2.5 COLLECTION OBJECT: an object that had been or will be accessioned into the Collection. 2.6 DEACCESSION: (1) when used in relation to an object, means an object that has been removed permanently from the Collection; (2) the formal process used to permanently remove an object from the Collection. 2.7 DONOR: the owner of an object who makes a gift to the City for the Collection. 2.8 DEED OF GIFT: a written instrument that transfers ownership of an object or objects from a Donor to the City and which includes all conditions of the gift, the form of which is attached hereto as Attachment "1". 2 2.9 INCOMING LOAN: the borrowing of an object by the Curator on behalf of the City to be displayed in the Withers-Maguire House Museum; such a loan would be considered an outgoing loan by the lender. 2.10 LOAN: a temporary transfer of a Collection object(s) from the City to another museum or institution, or a temporary transfer of similar items to the City for stated purposes; the transfer does not involve a change of ownership. 2.11 LOAN AGREEMENT: a contract between a lender and a borrower of an object or objects, which contract describes the objects and specifies the conditions of the loan. 2.12 LONG-TERM LOAN: a loan with an indefinite term. 2.13 OUTGOING LOAN: the loan of an object by the Curator as approved by the City to another organization, museum or institution; such a loan would be considered as incoming loan by the borrowing institution. 2.14 SPECIAL COLLECTION: a collection of objects within the Withers-Maguire House Museum for which there are certain additional restrictions; usually, a special collection is donated by one individual or organization in memory of the collector, or is assembled at a particular point in time for a specific purpose. 3. TYPES OF COLLECTIONS 3.1 The COLLECTION will consist of objects whose primary function is for preservation and display in the Withers-Maguire House Museum, and objects on loan to other institutions. 3.2 The WITHERS-MAGUIRE HOUSE MUSEUM HOLDINGS will consist of: 3.2.1 those objects deaccessioned or unaccessioned which are to be used for the Curator's or the City's general purposes, which include but are not limited to office furnishings. 3.2.2 those objects deaccessioned or unaccessioned which are to be used as part of the Withers-Maguire House Museum, which include but are not limited to household furnishings and utensils, glass, ceramics, textiles, clothing, agricultural tools, drawings, paintings, engravings, historical relics, reference books, rare books, maps, manuscripts and archival materials pertinent to the purpose of the Collection. 3 4. ETHICS: 4.1 The members of the Curator have a responsibility to maintain the highest ethical standards in their personal as well as professional dealings. An employee, officer, director, member or volunteer of the Curator may not: A. receive a commission, fee or financial benefit in connection with the sale, exchange, or loan of an object in the Collection or the Holdings; or B. be a business associate, employee or owner of any individual, firm or organization involved in the sale or exchange of an object in the Collection or the Holdings without the express prior written approval of the City; C. provide appraisals for any purpose, including the establishment of tax- deductible values for gifts offered to the Withers-Maguire House Museum. D. authenticate any object for persons or agencies under circumstances that could encourage or benefit illegal, unethical, or irresponsible sale, donation or loan of such objects. E. purchase or otherwise receive title or ownership to an deaccessioned object without the express prior written approval of the City. 5. ACCESSIONS TO THE COLLECTION: 5.1 The Curator may accession those objects related to the purpose of the Withers- Maguire House Museum and which the Curator can properly store, display and/or exhibit. To this end the Curator will accession primarily those items which can be shown to have actually been made or used in Ocoee and surrounding areas, or those items which can be shown to relate to work, life, or events in Ocoee from the early 1800's to the present and which the Withers- Maguire House Museum intends to use and/or keep for the foreseeable future. It should be understood that while the primary collecting focus must be on objects with strong Ocoee association, objects made or used outside this area which relate to regional rather than local history may also be collected. 5.2 Objects to be considered for accession to the Collection by the Curator shall meet the following criteria: 5.2.1 The acquisition and ownership of objects shall comply with all applicable laws, including but not limited to importation and exportation tax and copyright laws. No object shall be knowingly or willfully accepted or acquired which 4 are known to have been illegally imported into or illegally collected in the United States contrary to local, state or federal law, treaties or conventions. 5.2.2 The objects must be of acceptable quality in terms of social, historic, scientific, technical, or aesthetic importance, and should be in exhibitable condition or nearly exhibitable condition that will not require excessive conservation expense. Materials retained for study and research purposes may be in somewhat poorer condition presuming there is a clearly defined need for such items. 5.2.3 The objects have maintained their physical integrity and have not been altered or repaired such that the original character or use of the item has been radically altered. 5.2.4 The provenance of the objects must be sufficiently documented to satisfy the Curator. 5.2.5 The objects do not duplicate items already in the Withers-Maguire House Museum Collection; provided, that the Curator may acquire duplicate items if the Curator deems the materials significant to the upgrading of the Collection. 5.2.6 Objects acquired by gift, bequest, purchase, exchange, abandonment, excavation, and by any other transaction must include evidence of ownership by clear and marketable title, free of encumbrances and liens. 5.3 The following additional criteria shall apply for objects purchased for accession: 5.3.1 Before an item is purchased, consideration shall be given to the availability of comparable materials or objects through gift or bequest. 5.3.2 Fair market value shall be determined in advance of arrangement for the purchase. 5.3.3 Acquisition funds may not be used without the prior written approval of the City upon recommendation of the Curator. 6. CONDITIONS OF DONATION OF GIFT 6.1 All objects donated to the Withers-Maguire House Museum for the Collection must be accompanied by a Deed of Gift executed by the Donor. All objects accepted as gifts on behalf of the City by the Withers-Maguire House Museum shall become the property of the City. At the time of accession of an object into the Collection, the Curator shall complete an Artifact Registration Form, the form of which is attached hereto as Attachment "2". 5 6.2 Because of limited storage and display space, all items in one gift may not be exhibited or stored together. The Curator shall not promise to any Donor the exhibition of any particular object permanently or continuously. 6.3 Where applicable, all copyrights, literary rights, and similar ownership rights, shall be assigned and/or transferred to the City at the time of acquisition of an object. 6.4 The Curator shall not appraise or otherwise provide a monetary value for objects under consideration as donations to the Withers-Maguire House Museum. Independent appraisals for objects believed to be valued at $250.00 or greater must be obtained by the Donor, at Donor's expense, and provided to the Curator prior to donation to the Withers- Maguire House Museum. All appraisals must be dated no more than two years prior to the date of the donation. 7. CONDITIONS OF TEMPORARY RECEIPT 7.1 A Temporary Receipt, the form of which is attached hereto as Attachment "3", shall be issued to the owner of any object left in the possession of the Curator for any reason, including for consideration as a gift or purchase, for study, or for identification. The following conditions shall apply to any such object and will be incorporated into the Temporary Receipt: 7.1.1 The Curator will exercise the same precautions and use the same care with respect to such object as it does for the safekeeping of the Collection. 7.1.2 Unless the Curator is notified in writing to the contrary, the objects may be photographed for the Curator's own purposes. The Curator will not clean, restore, or otherwise alter the objects without the consent of the Owner. 7.1.3 If the ownership of the objects shall change while it is in the possession of the Curator, whether by reason of death, sale, insolvency, gift, or otherwise, the new owner shall be required to establish his/her legal right to receive the object(s) by proof satisfactory to the Curator and the City prior to receipt of such object. 8. DEACCESSION FROM THE COLLECTION 8.1 Pursuant to the terms and conditions set forth below, the Curator may permanently remove objects already accessioned as part of the Collection of the Withers-Maguire House Museum. The Curator shall acquire and maintain a collection of objects appropriate to the purpose of the Withers-Maguire House Museum. At the same time the Curator shall review the Collection from time to time and recommend that the City cull and permanently remove those objects that are no longer desired in connection with the Withers-Maguire House Museum. Each 6 recommendation shall be in writing, shall describe the object and the reason for the deaccession and shall recommend the method of disposal of such object(s). 8.2 At least one of the following criteria must be met before the Curator can recommend that any collection object be deaccessioned, provided that any one of these criteria is sufficient cause to deaccession an object: 8.2.1 The object is damaged or has deteriorated to the point that its repair is not warranted or the cost of repair is excessive; 8.2.2 The object is of inferior quality; 8.2.3 The objects have become redundant in the context of the Collection in the Withers-Maguire House Museum; 8.2.4 The object has been stolen and is unrecoverable; 8.2.5 The object must be deaccessioned for legal or ethical considerations. 8.2.6 The object is no longer pertinent to or appropriate for the Collection in the reasonable judgment of the Curator. 8.3 The Curator shall not deaccession any object of the Collection without the prior written consent of (i) the Administrative Services Director of the City, or his/her designee for objects valued less than or equal to $500.00, and (ii) the approval of the Board of City Commissioners of the City for objects valued greater than $500.00. 8.4 Deaccession transactions shall be fully documented in the Collection records by identifying the object, its accession number, the date of disposal, the recipient of the object, the manner of transfer or conveyance of the object and the value, if any, given to the Curator for the benefit of the City for such object. 8.5 Deaccessioned objects may be traded to other institutions for more appropriate objects, sold at auction, discarded, retained by the City, given to the Curator for display or use in other historical projects, or otherwise disposed of in any other manner as approved by the City. 8.6 Proceeds from the sale of deaccessioned items shall be held by the Curator for the benefit of the City and are only to be used to expand or maintain the Withers-Maguire House Museum Collection, or for such other purpose as directed by the City for the Withers-Maguire House Museum. The members of the Curator may not purchase or otherwise acquire objects deaccessioned from the Collection, without the express prior written consent of the City. The 7 Curator shall not deaccession any object in the Collection in order to raise funds. Objects shall be deaccessioned in a manner that does not discourage future gifts. 8.7 If a request or demand is received by the Curator for the return of an object previously given to the Withers-Maguire House Museum and accessioned, the City shall be notified within three (3)days of receipt of such request or demand. Recommendations regarding the return of material shall be made by the Curator to the City within ten (10) days of the date of receipt of the request or demand by the Curator in accordance with the following considerations: 8.7.1 Whether the object is appropriate to or duplicative of the Collection; 8.7.2 Whether the gift was publicly announced; 8.7.3 Whether the Donor took a tax deduction at the time of the gift; 8.7.4 Whether any limiting conditions were placed on the gift; 8.7.5 Whether the original Donor made the request. The City shall make the final determination if such object will be returned in its sole discretion and the Curator will retain or return the object as directed by the City. 9. DOCUMENTATION 9.1 A registration system of all accessioned objects shall be maintained by the Withers-Maguire Committee. Each object will be assigned a unique, permanent accession number and photographically documented. 9.2 The original records of accession, registration, cataloging, inventory, loan, conservation, and deaccession, as periodically updated (the "Official Records") shall be provided to the City and stored in the location designated by the City. A duplicate set of the Official Records shall be maintained at the Withers-Maguire House Museum in a location which offers protection from fire, theft or other damage. 9.3 Files shall be kept on each object documenting the ownership, description, location, condition, history (if known), and significance of the object. Photographs shall be made as part of conditions reports, damage records, and pre- and post-loan examinations. 8 10. LOANS 10.1 General Loan Policies 10.1.1 All loans, both incoming and outgoing, shall be made only on the recommendation of the Curator to the City and may be made or accepted only upon the prior written approval of the City. 10.1.2 A record of all loan transactions shall be made and maintained by the Curator, who shall then monitor all loans and abide by and perform all of its terms and conditions contained in the Loan Agreement. 10.1.3 A Loan Agreement in a form and content acceptable to and approved by the City shall be signed and executed by the lender and the Curator before any objects are borrowed or loaned. In the case of traveling exhibitions, separate loan agreements must be executed by all parties. 10.1.4 The term of a loan shall be definite and specifically set forth in the Loan Agreement. Long-term loans are prohibited. 10.2 Incoming Loans. 10.2.1 Objects shall be borrowed only for specific exhibition uses for a specific length of time. The lender shall provide the City with an appraisal, dated not more than two years prior to the Loan Agreement for all objects being loaned for use in the Withers-Maguire House Museum. The City shall rely upon such appraisal to establish the amount of insurance which is required for such object(s). 10.2.2 The following conditions shall be incorporated into the Incoming Loan Agreement, and shall apply to all objects sent to the Curator on loan and cannot be waived or otherwise modified except as approved in writing by the City, the Curator and the lender: 10.2.2.1 The Curator shall exercise the same care with respect to incoming loan objects that it does in the safekeeping of the Collection. 10.2.2.2 Should loss, damage, and/or deterioration to any incoming loan object occur, the Curator will immediately notify the Lender, provided that the City and the Curator shall not be liable for any such loss, damage and/or deterioration to any incoming loan object. 10.2.2.3 Incoming loan objects shall be insured either by the lender or the City at all times in the amount specified by the appraisal. The amount 9 payable by this insurance is the sole recovery against the City available to the Lender in the event of lose, damage and/or deterioration. 10.2.2.4 In the event the lender will maintain the insurance coverage on the object for the duration of the loan, the Lender must provide evidence of such insurance to the Curator and the City at the time of the loan. If the Lender elects to maintain his/her own insurance coverage, then prior to shipping, the Curator and the City must be supplied with a Certificate of Insurance from the Lender's insurance company naming the Curator and the City as an additional insured. The City shall not be responsible for error or deficiency in information furnished to the Lender's insurer or for any lapses in coverage. 10.2.2.5 If insurance is waived by the Lender, this waiver shall constitute agreement of the Lender to release and hold harmless the Curator and the City from any liability for theft, damage to or loss and deterioration of the loaned object. It is the responsibility of the Lender to notify the Curator and the City of changes in insurance valuations or insurance coverage thirty (30) days prior to the effective date of such change. 10.2.2.6 It is the responsibility of the Lender to notify the Curator in writing within thirty (30) days of a change of address. 10.2.2.7 The right of the Curator to return any incoming loan object shall occur absolutely on either the expiration of the term of the loan, or when the Curator no longer desires the loan. In such event, a written notice shall be provided to the Lender. If the Lender does not withdraw such loan objects within thirty (30) days from the date of such notice, the Curator shall exercise the same care with respect to incoming loan objects that it does in the safekeeping of comparable property in the Collection. 10.2.2.8 The Curator agrees to make two written notifications to the Lender at the address specified on Incoming Loan Form. The second notice shall be sent no earlier than fifteen (15) days but not later than thirty (30) days after the date of the first notice. If within thirty (30) days after the second notification the Lender does not contact the Curator in writing or withdraw such objects, then the items in question will become an unconditional donation. 10.2.2.9 In the event the Curator does not receive a written response from the Lender upon the expiration or termination of the Loan after proper notice has been sent by the Curator, then such failure to withdraw the loaned object shall constitute forfeiture of the loaned object to the City and any further claim of title to the objects indicated on the Incoming Loan Form, the form of which is attached hereto as Attachment "4", in effect making the loan an unconditional donation. If the loan becomes an unconditional donation, the 10 Lender, its assigns and heirs unconditionally gives, donates, bestows and sets over all rights, titles and copyrights held by them to the items to the City to be retained, exhibited, loaned or disposed of in such manner at the discretion of the Curator, in the best interest of the City. 10.2.2.10 Objects loaned to the Curator shall be returned to the Lender upon the presentation of the Loan Agreement at the expiration of the term of the loan, or upon written request of the Lender or of his/her duly authorized agent or legal representative. If the legal ownership of the object shall change during the pendency of the loan, whether by reason of death, sale, insolvency, gift, or otherwise, the new owner may, prior to its return, be required to establish his/her legal right to receive the object by proof satisfactory to the Curator and the City. 10.2.2.11 The Lender shall specify in the Loan Agreement any of special conditions governing the use or operation of the object(s). 10.2.2.12 In the event that the Lender or his/her duly authorized agent desires in the future to make a gift of any object described in the Loan Agreement, the Lender's intent shall be recorded in accordance with as provided in Section 5 hereof. 11. COLLECTION CARE 11.1 The Curator will provide for the storage and care of the objects in the Collection under conditions that ensure their availability for Withers-Maguire House Museum purposes and in accordance with the provisions hereof. 11.2 Handling 11.2.1 Permission to handle objects to third parties shall be granted by the Curator and only after instruction has been given in the proper method of handling objects. Volunteers shall not be permitted to handle, lift, or move objects, except while doing supervised work for the Curator and only after instruction in the proper method of handling objects. Objects must not be removed from their place of installation, even temporarily, without first consulting the Curator. 11.2.2 Pencils are the only acceptable writing tools in collection areas. Ballpoint, felt-tip, and fountain pens do irreversible damage to Collection objects. 11.2.3 No food, beverages, or smoking will be permitted near Collection objects or in Collection areas such as exhibition galleries, restored areas, historical 11 properties, or storage areas. Signs to such effect will be provided by the City and shall be posted at the Museum. 11.2.4 All damage, no matter how slight, must be reported to the Curator. 11.2.5 Every Collection object should be considered irreplaceable. Each object is to be handled as though it were the most valuable one in the Collection. 11.3 The Curator shall be responsible for determining storage conditions for objects in the Collection, specifying safe containers and materials, placing objects in storage, removing objects from storage, cleaning storage areas, checking for evidence of infestation, monitoring security and accessibility and monitoring environmental conditions. 11.4 The Curator shall file a written report with the City annually concerning the state of the Withers-Maguire House Museum Collection. 12. ACCESS 12.1 The public areas, including the Withers-Maguire House Museum and grounds, shall be accessible to any and all persons who will maintain the proper decorum, and access shall not be denied on the basis of race, creed, religion, national origin, sexual orientation, physical handicap, or mental handicap. Certain persons may not have full access to all areas, but every effort will be made to accommodate any interested visitor. 12.2 The Collection and Collection records are to be made available to scholars and researchers with a proper reason to have such access. Such access shall be supervised by a member of the Curator or authorized employees of the City. While recognizing its responsibility to maintain the Collection for public use, the Curator reserves the right to refuse access to certain materials, objects, or non-public areas for any reason. 12.3 The Withers-Maguire House Museum will be open to the public during times and days specified by the City only under the supervision of the Curator or the City and/or only for Curator or City official functions. No part of the Museum, including the front porch, may be rented by the public or utilized by the City or the Curator for a purpose than as specified herein. The Withers-Maguire House Museum shall not be used for personal use by the Curator, the City or members of the general public. 12.4 The Withers-Maguire House Museum will be open at specific times during each week of operation for public tours and special tours may be provided at the request of groups, organizations or schools. Public and special tours will be conducted by authorized members of the Curator at such times as determined by the Curator. 12 12.5 Photography 12.5.1 The Curator shall generally prohibit any kind of photography of the Collection. 12.5.2 Objects shall not be moved from their locations to accommodate outside photographers, except by prior arrangement with the Curator,provided, however, that no object may be removed from the Withers-Maguire House Museum without the prior approval of the City. 12.5.3 Permission to publish, display, or broadcast photographs of the Withers-Maguire House Museum objects or interiors shall be granted pursuant to the terms of a Photographic Reproduction Agreement, the form of which is attached hereto as Attachment "5", and is subject to the following conditions: 12.5.3.1 Permission is for one-time use only. A third party must obtain prior written permission from the Curator, for each publication, republication, broadcast, display, or other public use of images of the Collection or interiors. The City shall retain all rights to the photos and they must not be used for any purpose other than that listed on the permission form. 12.5.3.2 Credit must be given to the Withers-Maguire House Museum as follows: "Courtesy of the Withers-Maguire House Museum of Ocoee, Florida." The credit line should appear near the photo, or if the publication or display has a separate credit section, it must adequately indicate the location of the image within the publication or display. 12.5.3.3 Photographs may not be altered by cropping or other means without the permission of the Curator. 12.5.3.4 The Curator requests a gratis copy of each publication in which one of its images appears. Such publications should be mailed, immediately upon release to the Curator. 12.5.3.5 The Curator reserves the right to refuse to grant permission and/or provide photographic reproductions to publishers and individuals who have not complied with its policies. 13. MISCELLANEOUS PROVISIONS 13.1 The Curator may on its own motion, seek to amend, supplement or repeal any portion of these policies by submitting such amendment, together with a written request detailing 13 the purpose of such amendment, to the City for approval. The City may approve or deny such request at its sole and absolute discretion. 13.2 Should any section or provision of these Collection Policies be determined invalid, such decision shall not affect the validity of the policies as a whole or any part thereof other than the part so declared to be invalid, unless otherwise repealed or amended by the City. 13.3 These Collection Policies shall take effect and be in force immediately upon adoption by reference into the fully executed Withers-Maguire House Museum Operation Agreement between the City, and the Curator of even date herewith. 13.4 These Collection Policies also include the attachments described below which are included herein by reference: Attachment "1" - Form of Deed of Gift Attachment "2" - Form of Artifact Registration Form Attachment "3" - Form of Temporary Receipt Attachment "4" - Form of Incoming Loan Form Attachment "5" - Form of Photographic Reproduction Agreement C:\WPS MOCSOCOEE\W1THERS.COL I 10/30195I18W015IDPB:dp 14 Accession Number OCOEE HISTORICAL WITHERS-MAGUIRE HOUSE MUSEUM COMMISSIONE::7NC. DEED OF GIFT Donor Name (LOGO I Street Address City State ZIP Phone I, my assigns and heirs hereby unconditionally give, donate, bestow and set over all rights, titles, and literary and copyrights held by me in and to the items listed below to the City of Ocoee to be retained, exhibited, loaned or disposed of in such manner as, at the discretion of the City of Ocoee, is in the best interests of the City of Ocoee and its responsibility to the public. I further represent and warrant that there are no liens or other encumbrances on or which affect the items listed below, that I am the sole and lawful owner of such items and that I have good right and lawful authority to donate and convey such items. I acknowledge that I have read and agree to be bound by the terms and conditions of the policy statement on the reverse of this form. Donor's Signature Date Signature of Authorized Agent Title Date of Ocoee Historical Commission, Inc. Donor Provided Valuation Accession No. Description (copy of appraisal attached for objects with value greater than $250.00) CONDITIONS GOVERNING GIFTS RELATING TO WITHERS-MAGUIRE HOUSE MUSEUM All donations may be tax deductible to the full extent provided by applicable law. According to the Internal Revenue Service code, donors are solely responsible for the appraised value for any donation and that benefiting institutions cannot provide appraisals or estimates of fair market value. Consequently, the Ocoee Historical Commission and the City of Ocoee cannot provide appraisals or fair market value evaluations either expressed or implied for donations. The Ocoee Historical Commission recommends that the donor consult with their attorney, the Internal Revenue Service or a licensed appraiser should any questions concerning tax deductible donations or appraisals arise. The collections in the Withers-Maguire House Museum are composed of objects used in historical research and used to illustrate aspects of area history. It is intended that objects in this collection be preserved for as long as possible. The Withers-Maguire House Museum is a living institution and must change with time. With this fact in mind, the Ocoee Historical Commission eagerly accepts donations made free of any trust, obligation or condition of any character. In some circumstances the Ocoee Historical Commission may decide that an object is no longer useful or desirable to the Withers-Maguire House Museum and has the authority to recommend to the City of Ocoee to dispose of the object in anyway deemed best for the institution. Because of the inevitable damage caused by ultraviolet radiation, heat and humidity which affects artifacts or specimens on exhibit, these items are routinely rotated from exhibit to controlled storage conditions. For these reasons there can be no guarantee that any item will be displayed at any one time or that any item will remain on exhibit permanently. ACKNOWLEDGEMENT OF GIFT The undersigned hereby acknowledges receipt of the object(s) set forth in the foregoing Withers-Maguire House Museum Deed of Gift, a copy of which is attached hereto and incorporated hereby this reference. No goods or services were provided by the Ocoee historical Commission or the City of Ocoee, in whole or in part, for any or all of the object(s) contributed. All objects donated are located at the Withers-Maguire House Museum, whose address is 16 East Oakland Avenue, Ocoee, Florida 34761. Signature of Authorized Agent Title Date of Ocoee Historical Commission, Inc. c:\WPM\DOcS.00OEwNHERS.FM1 110/31/951 Ig W Ots I DPB:dp OCOEE HISTORICAL WITHERS-MAGUIRE HOUSE MUSEUM COdi MISS/ON,>INC. ARTIFACT REGISTRATION FORM [LOGO J Date Member Completing Form: 1. Artifact Classification 2. Accession # 3. Artifact Type 4. Date/Age of Artifact 5. Donor Name 6. Estimated Value: $ 7. Terms of Donation (check) conditional, unconditional 8. Artifact Description: A. Dimensions: L W H B. Artifact Material (check ALL those applicable) metal : iron steel silver_ gold other ceramic glass wood bone stone plastic textile : cotton wool linen silk synthetic other paper : books newspaper letters_ other photographs other C. Remarks: Artifact Description: 9. Associated Information: 1. Complete Incomplete 2. Assembled Disassembled 3. Whole Broken Estimated Percentage Damaged _% 4. Condition of the Artifact: Excellent-very little deterioration or wear Good-some minor wear or deterioration Fair-moderate deterioration or wear Poor-extreme wear or deterioration 5. Restoration/Preservation Recommendations: Normal preservation procedures Fwnigation atoning Repair Artifact condition prohibitive to cleaning or repair 6. Remarks: 7. Photo: C:\WP51\DOCSOCOFE\WI HERS.FM2X9/19/93118W015IDPB:dp J., OCOEE WITHERS-MAGUIRE HOUSE MUSEUM HISTORICAL TEMPORARY RECEIPT COMMISSION, INC. Lender Name Street Address (LOGOI City State ZIP Phone TERMS AND CONDITIONS: 1. The Ocoee Historical Commission will exercise the same precautions and use the same care with respect to the object(s) listed below as it does for the safekeeping of the Withers-Maguire House Museum collection. 2. Unless the Ocoee Historical Commission is notified in writing to the contrary, the object(s) may be photographed for the Ocoee Historical Commission's own purposes. The Ocoee Historical Commission will not clean, restore, or otherwise alter the object(s) without the consent of the Owner. 3. If the ownership of the object(s) shall change while it is in the possession of the Ocoee Historical Commission, whether by reason of death, sale, insolvency, gift, or otherwise, the new owner shall be required to establish his/her legal right to receive the object(s) by proof satisfactory to the Ocoee Historical Commission and the City of Ocoee prior to receipt of such object(s). 4. The Ocoee Historical Commission shall make the object(s) available to be picked up by the owner on the date specified below and shall not be responsible to mail, ship or otherwise deliver the object(s) to the owner. 5. The Ocoee Historical Commission and the City of Ocoee shall not be responsible for any damage or loss to the object(s) while in the possession and/or control of the Ocoee Historical Commission and the owner herbs waives any claim for loss against the Ocoee Historical Commission or the City. Description of Object Purpose (i.e. consideration as gift or purchase, study, identification) The undersigned acknowledges reading the foregoing and agrees to the terms and conditions set forth herein. Owner Date Ocoee Historical Commission Date Representative DATE OBJECT(S) DELIVERED: DATE OBJECT(S) TO BE RETURNED: CAW PS I\DOCS.000EE\W TnIERS.FM3 D060/95118W015 015 I DPB:dp y "A" Accession Number OCOEE HISTORICAL WITHERS-MAGUIRE HOUSE MUSEUM COMMISSION..INC. . INCOMING LOAN FORM Lender Name r LOGO J Street Address City State ZIP Phone Loan Term From: to Accession No. Object Appraised Value Artifact is insured by [ ] Lender (copy of certificate of insurance attached) [ City of Ocoee (copy to be provided to insurance carrier to be included in City Policy) Date provided: Value of Object [ ] Copy of appraisal attached Date copy submitted to City insurance carrier: By signing this form both the lender and the borrower attest that they have read and agree to the conditions stated on the reverse of this form. Loan Initiation Loan Return Lender Date Lender Date Ocoee Historical Commission Date Ocoee Historical Commission Date Representative Representative LOAN CONDITIONS The Lender is the individual or organization furnishing the object(s) for a temporary period to the Ocoee Historical Commission and the City of Ocoee 1. The loan period may not exceed one year, however, loans may be renewed annually upon written notification of both parties. 2. The Lender agrees to notify the Ocoee Historical Commission in writing within (30) Days of a change of address. The lack of written notification on the part of the lender shall constitute forfeiture of the loaned object to the City of Ocoee and any further claim of title to the objects indicated on the Incoming Loan Form and on any addendum thereto, in effect making the loan an unconditional donation. If the loan becomes an unconditional donation,the Lender, its assigns and heirs, unconditionally gives,donates, bestows and sets over all rights, titles and literary and copyrights held by them in and to the object(s) to the City of Ocoee to be retained, exhibited, loaned or disposed of in such manner as, at the discretion of the City of Ocoee, is in the best interests of the City of Ocoee and its responsibilities to the public. 3. The Ocoee Historical Commission will make two documented written notifications to the Lender whose signature appears on the reverse of the Incoming Loan Form. The second notice shall be sent no earlier than fifteen (15) days but not later than thirty (30) days after the date of the first notice. If within thirty (30) days after the second notification the Lender does not contact the Ocoee Historical Commission, then the items in question will become an unconditional donation with the same Conditions as provided in Paragraph 2 above. 4. In the event the Lender will maintain the insurance coverage on the object for the duration of the loan, the Lender must provide evidence of such insurance to the Ocoee Historical Commission and the City of Ocoee at the time of the loan. If the Lender elects to maintain his/her/its own insurance coverage, then prior to shipping, the Ocoee Historical Commission and the City of Ocoee must be supplied with a Certificate of Insurance from the Lender's insurance company naming the Ocoee Historical Commission and the City of Ocoee as an additional insured. The City of Ocoee shall not be responsible for error or deficiency in information furnished to the Lender's insurer or for any lapses in coverage. 5. If insurance is waived by the Lender, this waiver shall constitute agreement of the Lender to release and hold harmless the Ocoee Historical Commission and the City of Ocoee from any liability for theft, damage to or loss and deterioration of the loaned object. It is the responsibility of the Lender to notify the Ocoee Historical Commission and the City of Ocoee of changes in insurance valuations or insurance coverage thirty (30) days prior to the effective date of such change. 6. The right of the Ocoee Historical Commission to return any incoming loan object shall occur absolutely on either the expiration of the term of the loan, or when the Ocoee Historical Commission no longer desires the loan. In such event, a written notice shall be provided to the Lender. If the Lender does not withdraw such loan objects within thirty (30) days from the date of such notice, the Ocoee Historical Commission shall exercise the same care with respect to incoming loan objects that it does in the safekeeping of comparable property in the Withers-Maguire House Museum collection. 7. In the event the Ocoee Historical Commission does not receive a written response from the Lender upon the expiration or termination of the Loan after proper notice has been sent by the Ocoee Historical Commission, then such failure to withdraw the loaned object shall constitute forfeiture of the loaned object to the City of Ocoee and any further claim of title to the objects indicated on the Incoming Loan Form. 8. The City of Ocoee and the Ocoee Historical Commission shall not be responsible for any damage to a particular item incurred during the loan period. NOTIFICATION: NOTIFICATION DATE DATE RESULTS RESULTS LETTER ATTACHED LETTER ATTACHED C:1WP51\DOC.SI000F \WTI RS.fM4X9/19/95 I 18WOISfDPB:dp .- £.a.'..1:.1.-:var t ". OCOEE WITHERS-MAGUIRE HOUSE MUSEUM HISTORICAL PHOTOGRAPHIC REPRODUCTION AGREEMENT COMMISSION. INC Name Organization ,LOGO Street Address _ City State ZIP Phone PURPOSE: It is agreed that photographic reproductions will be made/purchased under the following conditions: 1. Payment of the Photographic Reproduction fee set by the Curator in full is required prior to ordering reproductions. 2. Reproductions arrangements will be made or approved by museum personnel. 3. Copy negatives and/or slides are the property of the City. 4. Permission is for one-time use only. A photographer must obtain prior written permission from the Curator, for each publication, republication, broadcast, display, or other public use of images of the Collection or interiors. The City shall retain all rights to the photos and they must not be used for any purpose other than that listed on the permission form. 5. Objects shall not be moved from their locations except to accommodate photographers by prior arrangement with the Curator and no object may be removed from the Withers-Maguire House Museum without the prior approval of the City. 6. Photographs may not be altered by cropping or other means without the permission of the Curator. 7. Photographs will be identified with titles/captions provided by the museum and must be credited in all publications and exhibits as follows: 'Courtesy of the Withers-Maguire House Museum of Ocoee, Florida'. The credit line should appear near the photo, or if the publication or display has a separate credit section, it must adequately indicate the location of the image with the publication or display. 8. The Curator shall receive a copy of each publication in which one of its images appears without charge. Such publications shall be mailed immediately upon release to the Curator. 9. The Curator reserves the right to refuse to grant permission and/or provide photographic reproductions to publishers and individuals who have not complied with its policies. TITLES /:CAPTIONS ACCESSION NUMBER I agree to the conditions listed above: (signature of patron 1 Approved by: Date title I CAWPSIWOCSOCOEE\Wn74ERS.FMS 110!31/95I18W015 IDPB:dp AGENDA 11-7-95 Item VI C 5 MEMORANDUM DATE: November 2, 1995 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director /y�„ Administrative Services 0 SUBJECT: The Withers-Maguire House Museum As indicated in the Withers-Maguire House Museum Collection Policies, the House will be furnished with quality objets d'art of the restoration time. Public tours guided by the Curator will be scheduled after November, 1996; there will be several progress and preview Open Houses during the Month of December, 1995, and again in the Spring of 1996. The attached floor plans and descriptions outline the proposed types of furnishings for each room. There are pictures available in the City Clerk's office and from the Curator which depict the current renovation/restoration of the House before any furnishings arrive. There will be a succeeding set after the first collection is completed and periodic sets when the collection changes. Nancy Maguire will be available at the November 7, 1995 Commission meeting to discuss the plans of the Curator for the Withers-Maguire House Museum. Also available will be the National Registry plaque for the House. Staff recommends approval of the Curator's approach to accession for the Museum collection and direction for the Curator to proceed. MEB/jbw Attachment OIL 4%J ---- E0. --- L14=1 F #5 Working Kitchen -1-,/) - ____ #4 #6 #7 Kitchen Back Porch Bathroom _______) u c _c. __E �1 1 _1111 . j A Back \,,_, Hall #8 #3 Historical Dining Room Museum\ it 4,F,,,[--;67,q rt •__7 -1 ==3----.) /I - Hall -� A c #2 #1 -.1._]- Living Room Foyer F 1 ...--] /-\N • a 1 4 Porch- • C a - . a--E, First Floor Plan O r . #14 Historical Commission Office ---7---1/) #13 School (-1 #15 Museum Multi-Purpose Bath- Area oom J _ •____.) it_ =r... #12 - Family #10 #16 ������ Museum HalL� Miss Lillian ' s #9 • Room AM C K 0 S111 ....:/- --___----\-- ---r- ---- - _ o J 1.. 4- #11 Master n Bedroom r— U /NN r ri o , Porch J 0 0 0 Second Floor Plan • THE WITHERS-MAGUIRE HOUSE The purpose of each room in the Withers-Maguire is planned as follows: 1. FOYER, HALL, BACK HALL historically restored 2. LIVING ROOM historically restored 3. DINING ROOM historically restored 4. KITCHEN historically restored These four rooms will be restored to show the house as it might have looked during the early 1900's. 5. KITCHEN working kitchen - to be used for storage. or preparation area for open house events or events which are sponsored by the Ocoee Historical Commission (example: we will be inviting the State Preservation Board to visit the Withers- Maguire House upon its completion) 6 BACK PORCH There will be a few historical artifacts on the porch when the house is open but due to security, they will be stored within the house when it is closed to the public. 7. BATHROOM There will be a few historical type pieces in this bathroom. 8. HISTORICAL MUSEUM This room will house historical artifacts which pertain to the early community life and government in Ocoee. 9 CLOSET storage 10. HALL historically restored 11. MASTER BEDROOM historically restored 12. FAMILY MUSEUM This room will be dedicated to the early pioneer families of Ocoee. 13. SCHOOL MUSEUM This museum will house material which pertain to the history of Ocoee Elementary, Junior (Middle) and High School. 14, OFFICE The Ocoee Historical Commission will use this room as our office. 15. MULTI-PURPOSE AREA The back section (next to the office) will be used as storage. The remainder of this area will be used to display photos and items pertaining the the history of the Withers-Maguire House and the Withers and Maguire families. The Ocoee Historical Commission will also use this space to sell our T-shirts, coffee mugs and other items used to raise additional funds. 16. MISS LILLIAN'S ROOM This room will be dedicated to Lillian Maguire and will be historically restored to show her life as a teenager. 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