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05-29-1992 SFWMD & DER MeetingsTO: THRU: THRU: FROM: CITY OF OKEECHOBEE MEMORANDUM Mayor and Council John J. Drago, City Administrator /7 DATE: May 29, 1992 SUBJECT: SFWMD and DER Meetings On May 28, 1992 the City had two meetings, one with the South Florida Water Management District and one with the Department of Environmental Regulation. In the SFWMD Meeting the City raised the same basic questions that were raised in previous letters. Our main concern was the execution of a $1.5 million dollar contract between the District and the County. The major concern was using public funds to place a private organization in the water business and in direct competition with the City. Further issues discussed was how could a Consumptive Use Permit be issued to Beach Water without taking into consideration the current and future water supply of the City, the City, County and Regional Comp Plans and the overall cost to produce and deliver water. We questioned how the $1.5 million contract could be signed without considering the above. The District is prepared to address those major concerns above and others that were raised and make a presentation to the City Council in the near future. The second meeting was with DER and had to deal with possible violations for sewage spills at various lift stations. DER initially wanted the City to pay $10,000.00 in fines. We countered with several letters and DER reduced the fines to $4,900.00. The purpose of the meeting was to see if the fines could be reduced to zero. There were problems with DER documentation and they finally agreed to a $3,000.00 fine with an option for the City to spend the $3,000.00 for in -kind improvements (ie extend a sewer line, etc.) and the City must sign a Consent Agreement. One of the main concerns in entering into another Consent Agreement is knowing that DER will attempt to put everything but the kitchen sink into the document. I'm concerned about a Consent Agreement because of the timing with the upcoming Bond Issue for the Water Plant. One area that needs to be explored is the consistency between the Florida Statutes and DER Rules. I'm going to ask John Cook to examine both for consistency before deciding which course of action to recommend to the Council. ADM 28 -06 April 10, 1992 Governing Board. Allan Milledge, Chairman Miami Valerie Boyd, Vice Chairman Naples lien Adams West Palm Beach South Florida Water Management District 3301 Gun Club Road P.O. Box 24680 West Palm Beach, FL 53416 -4680 (407)686 -8800 FL WATS 1- 800 -432 -2045 Mr. Gene Schriner Okeechobee County 304 N.W. 2nd Street Okeechobee, FL 34972 SUBJECT: Contract No. C -3233 Wastewater Treatment Cost -share Dear Mr. Schriner: Enclosed find one (1) fully executed copy of the above referenced contract. If you have any questions pertaining to the technical aspects of the document, please contact the project manager, Kimball Love. If your questions are of an administrative nature, please contact the Division of Procurement and Contract Administration. Your cooperation in this matter is appreciated. Sincerely, Harry Ni rgut Contract ministrator /dlk Enclosure c: Kimball Love Office of Counsel Howard Taylor James E. Nall Fort Lauderdale Annie Betancourt Miami Franklin B. Mann Fort Myers Leah G. Schad West Palm Beach Frank Williamson. Jr. Okeechobee Eugene K. Pettis Fort Lauderdale RECEIVED APR 13 1992 GOVT. ASSISTANCE DIV. Tilford C. Creel, Executive Director Thomas K. MacVicar, Deputy Executive Director C -3233 COOPERATIVE AGREEMENT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND OKEECHOBEE COUNTY, FLORIDA WITNESSETH: This COOPERATIVE AGREEMENT "AGREEMENT"), entered into on P1 pP.1t. 1992, between "the Parties the South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406, a public corporation of the State of Florida "the DISTRICT"), and Okeechobee County, Florida, 304 N.W. 2nd Street, Okeechobee, Florida 34972, a political subdivision of the State of Florida "the COUNTY"). THAT WHEREAS, the DISTRICT is an agency of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes; and WHEREAS, the DISTRICT is empowered to enter into contracts with public agencies, private corporations or other persons, pursuant to Section 373.083 Florida Statutes; and WHEREAS, the COUNTY has requested funding assistance from the DISTRICT for the planning, design and construction of regional water and sewer infrastructure; and WHEREAS, the DISTRICT has agreed to provide such funding; and WHEREAS, the Governing Board of the DISTRICT, at its June 1991 meeting, has authorized entering into this AGREEMENT; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: Page 1 of 9, Contract No. C -3233 1. The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work attached as Exhibit "A and made a part of this AGREEMENT. 2. The period of performance of this AGREEMENT shall commence on the date of execution and terminate on March 31, 1996. 3. The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. 4. As full consideration for providing the services required by this AGREEMENT, the DISTRICT shall pay the COUNTY an amount not to exceed One Million Five Hundred Thousand Dollars ($1,500,000.00). 5. Pursuant to Section 216.347, F.S., the expenditure of any of the funds under this AGREEMENT to lobby the Legislature or another state agency is prohibited. 6. The amount expended under this AGREEMENT for the DISTRICTS Fiscal Year 1991 -1992 ending September 30, 1992, shall not exceed Two Hundred Thousand Dollars ($200,000.00). Further funding of this AGREEMENT is subject to DISTRICT Governing Board budgeting for the following DISTRICT Fiscal Year(s): 1992 -1993 and 1993 -1994. In the event the DISTRICT does not approve funding for future fiscal years, this AGREEMENT shall terminate upon the expenditure of all approved funds, notwithstanding other provisions in this AGREEMENT to the contrary. Unless specifically informed to the contrary by the DISTRICT in writing, the COUNTY shall correctly assume that funding for subsequent DISTRICT Fiscal Years has been approved. 7. All invoices submitted by the COUNTY shall reference the DISTRICTS Contract Number C -3233. The COUNTY shall submit the invoices on a completion of deliverable basis, in accordance with Exhibit "A" attached, to the DISTRICT at the following address: South Florida Water Management District Attn: Division of Procurement and Contract Administration 3301 Gun Club Road P. O. Box 24680 West Palm Beach, FL 33416 -4680 Failure by the COUNTY to follow these instructions shall result in an unavoidable delay of payment by the DISTRICT. The DISTRICT shall pay the full amount of the invoice within Thirty (30) days of receipt and acceptance, provided the COUNTY has performed the work according to the terms and conditions of this AGREEMENT. Page 2 of 9, Contract No. C -3233 8. The DISTRICT and the COUNTY are exempted from payment of Florida State Sales and Use taxes and Federal Excise tax. The COUNTY shall not use the DISTRICTS exemption number in securing such materials. The COUNTY shall be responsible and liable for the payment of all of its FICA /Social Security and other taxes resulting from this AGREEMENT. 9. The COUNTY shall not pledge the DISTRICTS credit or make the DISTRICT a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The COUNTY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this AGREEMENT. 10. The DISTRICT shall have audit and inspection rights as follows: A. Examination of Costs: The COUNTY shall maintain records of all accounts, invoices for reimbursable expenses, books, accounting procedures and practices and supporting documentation for any research or reports, for a period of five years from completing performance of this AGREEMENT. Such records shall be sufficient to permit a proper pre and post audit in accordance with generally accepted governmental auditing standards and to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred in accordance with generally accepted accounting principles for performance under this AGREEMENT. Such examination shall include inspection at all reasonable times of the COUNTY'S facilities, or such parts thereof, as may be engaged in the performance of this AGREEMENT. B. Cost and Pricing Data: If the COUNTY has submitted cost or pricing data in connection with the pricing of this AGREEMENT or any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the DISTRICT shall have the right to examine all books, records, documents and other data of the COUNTY related to negotiation, pricing or performance of the AGREEMENT, change, or modification for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted, along with the computations and projections used therein. The COUNTY agrees that the DISTRICT may adjust the consideration for this AGREEMENT, including all changes or modifications thereto, to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non current wage rates and other actual unit costs. The DISTRICT shall make any such adjustment within one year following the termination of this AGREEMENT. Page 3 of 9, Contract No. C -3233 C. Reports: If the COUNTY is requested to furnish cost information, reports or contract fund status reports as a result of its performance under this AGREEMENT, the DISTRICT shall have the right to examine books, records, documents and supporting materials for the purpose of evaluating: i) the effectiveness of the COUNTY'S policies and procedures to produce data compatible with the objectives of the reports; and ii) the data reported. D. Availability: The materials described in paragraphs A, B, and C above shall be made available to the DISTRICT or its designated agent for inspection at the location where they are kept upon reasonable prior notice, until the expiration of five years from the date of final payment under this AGREEMENT. 1) If this AGREEMENT is completely or partially terminated, the records relating to the work terminated shall be made available for inspection by the DISTRICT or its designated agent for a period of five years from the date of any resulting settlement. 2) Records which relate to any litigation, appeals or settlements of c aims arising from performance under this AGREEMENT shall be made available until a final disposition has been made of such litigation, appeals or claims. 11. The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 12. The COUNTY fully understands and agrees that the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the commencement date of this AGREEMENT, unless the DISTRICT authorizes such payment in writing. 13. The Project Manager for the DISTRICT is Kim Love, at P.O. Box 24680, West Palm Beach, Florida 33416 -4680, Telephone Number (407) 687 -6798. The Project Manager for the COUNTY is Gene Schriner, at 304 N.W. 2nd Street, Okeechobee, Florida 34972, Telephone Number (813) 763 -4559. The parties shall direct all matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. 14. All notices to the COUNTY under this AGREEMENT C -3233 shall be in writing and sent by certified mail to Okeechobee County, Florida, 304 N.W. 2nd Street, Okeechobee, Florida 34972, which shall also be the COUNTY'S remittance address, unless the COUNTY specifies otherwise. Page 4 of 9, Contract No. C -3233 All notices to the DISTRICT under this AGREEMENT C -3233 shall be in writing and sent by certified mail to: South Florida Water Management District Attn: Division of Procurement and Contract Administration 3301 Gun Club Road P. O. Box 24680 West Palm Beach, FL 33416 -4680 All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICTS Contract Number C -3233. The COUNTY shall also provide a copy of all notices to the DISTRICTS Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. 15. The COUNTY is an independent contractor and is not an employee or agent of the DISTRICT. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of an independent contractor, between the DISTRICT and the COUNTY, its employees, agents, subcontractors, or assigns, during or after the performance of this AGREEMENT. The COUNTY is free to provide similar services for others. 16. The COUNTY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. 17. The COUNTY shall obtain, without additional expense to the District, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this AGREEMENT. 18. To the extent permitted by Florida law, the COUNTY shall defend, indemnify, save, and hold the DISTRICT harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury or property damage arising directly or indirectly from the performance of this AGREEMENT by the COUNTY, its employees, subcontractors or assigns, including legal fees, court costs, or other legal expenses in the same manner and to the same extent as if the DISTRICT were identified as an Additional Insured within the COUNTY'S self insured program. The COUNTY acknowledges that it is solely responsible for its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this AGREEMENT. Page 5 of 9, Contract No. C -3233 19. If either party initiates legal action, including appeals, to enforce this AGREEMENT, the prevailing party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 20. In the event a dispute arises which the Project Managers cannot resolve amongst themselves, the parties shall have the option to submit to nonbinding mediation. The mediator or mediators shall be impartial and shall be selected by the parties. The mediation process shall be confidential to the extent permitted by Florida Law. The cost of the mediation services shall be borne equally by the parties. 21. All documents, including, but not limited to, technical reports, research notes, scientific data and computer programs in draft and final form, which are developed by the COUNTY in connection with this AGREEMENT, may be utilized by the DISTRICT in its normal course of business. Such use may include, but shall not be limited to, reproduction, distribution and preparation of derivative works. 22. As part of the services to be provided by the COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, scientific theories, data, reference materials, research notes, any work completed by assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by this AGREEMENT. Additional services not contemplated under this AGREEMENT are subject to AGREEMENT amendment for fair consideration. This paragraph shall survive the expiration or termination of this AGREEMENT. 23. If either party fails to fulfill its obligations under this AGREEMENT in a timely and proper manner, the other party shall have the right to terminate this AGREEMENT by giving written notice of any deficiency and by allowing the party in default Ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this AGREEMENT shall terminate at the expiration of the Ten (10) day time period. 24. Either party may terminate this AGREEMENT for a material failure to perform. The DISTRICT may withhold all payments to the COUNTY for such work until such time as the DISTRICT determines the exact amount due to the COUNTY. 25. Either party may terminate this AGREEMENT at any time for convenience upon Thirty (30) calendar days prior written notice to the other party. In the event of termination, the DISTRICT shall compensate the COUNTY for all authorized work performed through the termination date. The DISTRICT may withhold all payments to the COUNTY for such work until such time as the DISTRICT determines the exact amount due to the COUNTY. Page 6 of 9, Contract No. C -3233 26. The COUNTY shall assure that no person shall be excluded, on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under, this AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 27. Prior to engaging in ar discussions with the news media pertaining to GRE NT, the COUNTY shall notify the DISTRICTS Office of Communications. This c ude ews releases, media requests for interviews, feature articles, fact sheets or similar promotional materials. 28. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 29. In the event any provisions of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 30. The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 31. Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable if failure or delay in the performance of this AGREEMENT arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 32. This AGREEMENT may be amended only with the written approval of the parties. 33. The term of this AGREEMENT may be extended or renewed only with the written approval of the parties. Unless otherwise provided, the total length of this AGREEMENT shall not exceed three (3) years. Q OFFICIAL Page 7 of 9, Contract No. C -3233 34. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 35. Failures or waivers to enforce any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not operate as a discharge of, or invalidate, such covenant, condition, or provision, or impair the enforcement rights of the parties, their successors and assigns. 36. This AGREEMENT states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. Specifically, this AGREEMENT supersedes any contrary provision of the 'Transfer Agreement," (C90- 1251), between the DISTRICT and the COUNTY entered into on September 4, 1990. This AGREEMENT incorporates, by this reference, that certain Quit Claim Deed, from the DISTRICT to the COUNTY, recorded in Okeechobee County, OR Book 323, Page 1875. The COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing, authorized, and signed by an authorized DISTRICT representative. This AGREEMENT shall bind the parties, their assigns, and successors in interest. Page 8 of 9, Contract No. C -3233 The parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. Legal Form Approved SFWMD Office of Counsel '7 7t r ATTEST: Clerk of Circuit Reviewed For Legal ul Sufficiency MAR 2 692 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: \VIA Chairman OKEECHOBEE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Page 9 of 9, Contract No. C -3233 C -3233 Exhibit "A" STATEMENT OF WORK FOR A COOPERATIVE AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND OKEECHOBEE COUNTY TO DEVELOP A COUNTY -WIDE WATER AND SEWER UTILITY 1. Introduction Okeechobee County is an inland county of approximately 780 square miles located north of Lake Okeechobee. The dominant land use is agriculture and undeveloped land, which comprises approximately 91% of the existing land use. Urban and Rural development in the county comprises about 8% of the existing land use and Recreation and Conservation lands comprise about 1 In 1990, the county -wide population estimate was 29,675, including the City of Okeechobee (population 4,937). Seasonal population is estimated to be 40% higher than the permanent population. According to county records, a population increase of over 45% was experienced between the year of 1980 and 1990. The county -wide population is projected to increase to 35,756 by 1995 and 39,651 by the year 2000. Most of the population lives in or adjacent to the City of Okeechobee. In 1990, Okeechobee County requested planning funds from the Florida State Legislature. The final state budget for the Florida Department of Environmental Regulation (FDER) included $100,000 for an Okeechobee County Utility System Study. The draft of this study has been completed and is currently being reviewed by FDER. Potable water needs are presently being serviced by private wells, small package plant type community water systems, the City of Okeechobee Utilities, and Okeechobee Beach Water Association, which purchases and distributes wholesale water from the City of Okeechobee. The City of Okeechobee has applied for and been granted permits from FDER to expand its potable water supply. Preliminary planning for expansion of City wastewater facilities is underway. This expansion does not eliminate the potential proliferation of additional package plants and /or private wells in the Northshore area. The effect of this expansion on future development and economic growth is uncertain. Wastewater needs are being served by private septic tanks, small wastewater package plants, and the City of Okeechobee Utilities. The County recently acquired Okee Tantie Recreational Park, which is served by a small wastewater package plant. Prior to this Page 1 of 13, Exhibit "A" C -3233 agreement, the South Florida Water Management District was responsible for the operation of the plant and planning the upgrade of the plant to meet the FDER and SWIM standards. The potential for negative environmental effects as a result of the proliferation of package treatment plants and septic systems within close proximity to Lake Okeechobee has been a driving force behind this cooperative agreement. The Okee Tantie wastewater plant will be transferred to the County and the County will apply to the FDER for the appropriate operations permit. The District has furnished the county with all background information, as well as engineering and construction plans, in order to assist the County in its application to FDER for a permit for the Okee Tantie plant. District staff has met with the FDER and County staff to develop a plan for transfer of the plant and schedule for the appropriate permit application, review, and approval. Okeechobee County, the City of Okeechobee and the Okeechobee Beach Water Association, Inc. are currently participating in a Water and Sewer Task Force, chaired by Okeechobee County Commissioner, Steve Porter. This task force retained the services of PMG Associates, Inc. in order to establish the feasibility of developing a regional utility authority; however, rate structures are the main focus of this study. 2. Scope The District's Governing Board has authorized $1 5 million dollars over a three year period to support this project. Appropriations are dependent upon future budget approvals and the project is to be funded in three phases under a multi -year contract. The initial $200,000 is based on the transfer of the Okee Tantie wastewater treatment plant to the County, the examination of the feasibility of developing a water and wastewater utility authority, and the County's development of a potable water supply system in conjunction with Okeechobee Beach Water Association. Location, size, and the estimated cost of proposed wastewater treatment facilities will be determined upon completion of the FDER funded Utility Study and acceptance of that study by FDER. If Okeechobee County chooses to pursue development of a utility authority, the proposed infrastructure to be designed, permitted and constructed will include a new wastewater treatment plant and a transmission force main to transfer wastewater from Okee- Tantie Park and the existing independent septic tanks and package plants along the route of the force main to the new wastewater treatment plant. In the event that the development of wastewater treatment facilities is determined to be economically unfeasible, the County will retain ownership of and responsibility of the Okee- Tantie plant in compliance with the FDER permit and any current or subsequently developed applicable rules and regulations, such as SWIM. Page 2 of 13, Exhibit "A" C -3233 There are several options of authority development under consideration. The first option of authority development would include the City of Okeechobee, the Okeechobee Beach Water Association and Okeechobee County, which together would own and operate both water and wastewater facilities to serve all the residents of Okeechobee County. The second option of authority development would include Okeechobee Beach Water Association and Okeechobee County, which together would build a new water treatment plant. The authority or Okeechobee County alone would build a new wastewater treatment plant and transmission force main system. The third option would be for the County to develop new water treatment and wastewater treatment facilities. Under this scenario, Okeechobee County would build the new wastewater treatment plant and force main transmission system. The District will continue to provide funding and technical assistance in support of this plan based on review and approval of deliverables and subject to Governing Board approval beyond the current fiscal year funding in accordance with this statement of work. Okeechobee County will comply with applicable regulatory and statutory requirements and obtain all applicable permits from federal, state and local agencies. District funds will not be used to pay permit fees. Page 3 of 13, Exhibit "A" C-3233 3. WASTEWATER TREATMENT INFRASTRUCTURE DEVELOPMENT 3.1 Wastewater Treatment Infrastructure Development TASKS Tasks for each work category are as follows: Phase 1 Task 1.1 Transfer of the Okee Tantie Wastewater Plant to Okeechobee County. Task 1.2 Application by Okeechobee County to FDER for the appropriate permit for the Okee Tantie Wastewater Plant. Phase 2 Task 1.3 Wastewater Effluent Disposal site specific study. This study will examine in detail the site or sites to be utilized for effluent disposal to determine their acceptability for this use. This study is required by the FDER for the approval of the Utility System Study as a "Facility Plan" and its use as a basis for obtaining FDER state revolving loan funding. This task was not included in the scope for the Utility System Study. This study must be accepted and approved by South Florida Water Management District and the FDER. Task 1.4 Preliminary Wastewater Collection System Design and cost estimate. The Utility System Study included the location, size and cost estimates for the transmission force main system and wastewater treatment plant facilities, but did not include the local wastewater collection system. This task will include the preliminary design of the required improvements to collect the wastewater from the existing developments and transfer it to the transmission force main system. The design shall be in sufficient detail to allow the preparation of a preliminary cost estimate for these improvements. This cost estimate, along with the costs for the force mains and treatment facilities identified in The Utility System Study, will be used to determine the total cost of the proposed County Wastewater System. Task 1.5 Utility System Financing Plan. Before beginning final design of the Wastewater System, it will be necessary to identify the means and methods to be used to finance all planned improvements. As a part of this task, the rate structure and schedules of user fees and charges will be developed for the proposed county utility system. Capital funding requirements to be funded through user fees and debt service charges, and additional needed funds and funding sources will be identified. Page 4 of 13, Exhibit AN C -3233 Task 1.6 District and County determine financial feasibility for Okeechobee Utility Plan based on review of deliverable. This determination will act as a "trigger" for continued District funding for utility system facility completion in accordance with this statement of work or, if the plan is deemed unfeasible, the up -grade of the Okee Tantie, if required to comply with appropriate requirements, will commence immediately and be funded by Okeechobee County. Task 1.7 Approval by Okeechobee County Board of County Commissioners to proceed with Phase 1 Facilities Phase 3 Task 1.8 Design and Permitting of Phase 1 facilities. Task 1.9 Bidding and Construction of Phase 1 facilities 3.2 Wastewater Treatment Infrastructure Development Delivery Schedule Delivery Time Schedule and Time Frames The tasks will be completed in accordance with the following estimated schedules and shall allow for a forty-five calendar day agency review time period: Phase 1 TASKS COMPLETION DATES Task 1.1 Upon execution of this contract. Task 1.2 Concurrent with Task 1.1. Task 1.3 Within 180 calendar days of completion of Task 1.2. Phase 2 Task 1.4 Within 180 calendar days of completion of Task 1.3. Task 1.5 Within 180 calendar days of completion of Task 1.3. Task 1.6 Within 45 calendar days of completion of Task 1.5. Task 1.7 Within 60 calendar days of completion of Task 1.6. Page 5 of 13, Exhibit "A" C -3233 Phase 3 Task 1.8 Within 360 calendar days of completion of Task 1.7. Task 1.9 Within 600 calendar days of completion of Task 1.8 3.3. Wastewater Treatment Infrastructure Development Deliverables All deliverables are subject to District and FDER approval where appropriate. Phase 1 Task 1.1 Proof of transfer of ownership of the Okee Tantie Wastewater Plant from the District to Okeechobee County. Task 1.2 Application to FDER for temporary or regular operation permit for Okee- Tantie Wastewater Plant to Okeechobee County. Task 1.3 County delivers wastewater effluent disposal site specific study. Phase 2 Task 1.4 County delivers Preliminary Collection System Design and Cost Estimates. Task 1.5 County delivers Utility System Financing Plan. Task 1.6 County proceeds with Wastewater Infrastructure Development or upgrades Okee Tantie Plant based on feasibility determination. Task 1.7 County Resolution to proceed with Phase 1 facilities. Phase 3 Task 1.8 County delivers final contract documents, plans and specifications and all required permits for Phase 1 facilities. Task 1.9 Completion of construction of Phase 1 facilities. Page 6 of 13, Exhibit "A" C -3233 3.4. Wastewater Treatment Infrastructure Development Payment Schedule Estimated payment schedules are as follows: Phase 1 Phase 2 Phase 3 Task 1.1 N/A Task 1.2 County funding. Task 1.3 $50,000 Task 1.4 $125,000 Task 1.5 $75,000 Task 1.6 N/A or County funding. Task 1.7 N/A Task 1.8 $50,000. Additional funding to be determined at a later date. Task 1.9 To be determined at a later date. Okeechobee County will invoice SFWMD based on a completion of task basis. 4. Water Treatment Infrastructure Development 4.1 Water Treatment Infrastructure Development Tasks Tasks for each work category are as follows: Phase 1 Task 2.1 Final decision regarding County Utility System ownership and operation. Determine extent of participation by Okeechobee County, Okeechobee Beach Water Association and City of Okeechobee. Okeechobee County is Page 7 of 13, Exhibit "A" C -3233 Phase 2 Phase 3 considering retaining a consultant in conjunction with Okeechobee Beach Water Association for decision making purposes and for purposes of organization and formation of an authority. Task 2.2 Test well program and hydrogeologic study to determine number, size and location of the proposed wells to provide raw water supply to the new water treatment plant. The test well program will consist of the installation of 2- inch diameter wells, 4 -inch diameter wells and lithologic borings, all at different locations. The 2 -inch wells will be utilized to determine water quality in the area at various locations in the aquifer. The 4 -inch wells will be utilized for test pumping to determine the potential well yield and aquifer characteristics in the proposed wellfield area. The lithologic logs will be used to confirm the aquifer characteristics within the/wellfield area. Task 2.3 Identification of facilities to be designed and constructed from the Feasibility Study of Water Treatment Plant for Okeechobee Beach Water Association, Inc., Project No. 8901 dated March 15, 1989 and the results from the deliverable for Task 2.2. Task 2.4 Approval of facilities to be constructed by Okeechobee County Board of County Commissioners. Task 2.5 Development and formation of County utility department, authority, or other agency as may be required. Task 2.6 Preparation of plans, specifications and securing of all permits for the construction of the proposed wellfield and raw water piping, 1.0 million gallon storage tank, high service pumping, transmission piping, and appurtenances. See Item 5 below detailed construction costs for Tasks 2.6 and 2.8. Task 2.7 Preparation of plans, specifications and securing of all permits for the construction of 1.5 MGD water treatment plant. See enclosed copy of report Feasibility Study of Water Treatment Plant for Okeechobee Beach Water Association, Inc., Project No. 8901 dated March 15, 1989. Task 2.8 Bidding and construction of the wellfield, piping, 1.0 million gallon storage tank, high service pumping, transmissions, piping, and appurtenances. Task 2.9 Bidding and construction of the 1.5 MGD water treatment plant. Page 8 of 13, Exhibit "A" C -3233 4.2 Water Treatment Infrastructure Development Delivery Time Schedule and Time Frames The tasks will be completed in accordance with the following estimated schedules and shall allow for a forty -five calendar day agency review time period: TASKS COMPLETION DATES Phase 1 Task 2.1 Within 90 calendar days of the execution of the contract. Task 2.2 Within 90 calendar days of the execution of the contract. Task 2.3 Within 30 calendar days of completion of Task 2.2. Task 2.4 Within 30 calendar days of completion of Task 2.3. Task 2.5 Within 60 calendar days of completion of Task 2.1. Phase 2 Task 2.6 Within 180 calendar days of completion 2.4. Task 2.7 Within 180 calendar days of completion of Task 2.4. Phase 3 Task 2.8 Within 360 calendar days of completion of Task 2.6. Task 2.9 Within 360 calendar days of completion of Task 2.7. Page 9 of 13, Exhibit "A" C-3233 4.3 Water Treatment Infrastructure Development Deliverables All deliverables are subject to District and FDER approval where appropriate. Phase 1 Task 2.1 Written notification regarding decision from County. Task 2.2 Test well and hydrologic Study report. Task 2.3 Report identifying facilities to be designed and constructed. Task 2.4 Approval by County. Task 2.5 Final legal documents authorizing county /regional wastewater and water supply authority. Phase 2 Task 2.6 Final contract documents, plans and specifications and final permits. Task 2.7 Final contract documents, plans and specifications and final permits. Phase 3 Task 2.8 Completion of construction of facilities. Task 2.9 Completion of construction of facilities. Page 10 of 13, Exhibit "A" C-3233 4.4 Water Treatment Infrastructure Development Payment Schedule Estimated payment schedules are as follows: Phase 1 Phase 2 Phase 3 Task 2.1 N/A Task 2.2 $100,000 Task 2.3 N/A Task 2.4 N/A Task 2.5 $50,000 Task 2.6 $500,000 Task 2.7 $50,000 Task 2.8 $500,000 Task 2.9 Funding by others. Okeechobee County will invoice SFWMD based on a completion of task basis. $2,000,000 (Beach Water Association, Inc., per County contract) Contingencies No situations which will adversely impact performance are foreseen at this time. If unforeseen situations arise which may affect the tasks /deliverables or timetables as defined in this Statement of Work, Okeechobee County will be responsible for bringing those to the District's attention for contingency planning. Page 11 of 13, Exhibit "A" C -3233 5. Construction Cost Estimate for Water Treatment Infrastructure Tasks 2.6 and 2.8. Estimated construction costs of potable water wells, storage tank and piping for a water plant site located within 1.5 miles of S.R. 78. Phase 2 1. Four 8 inch Wells, Pumps and Motors 105,000. 2. Raw Water Piping from Wells to Plant 95,000. 3. 1,000,000 Gallon Ground Storage Tank 250,000. 4. High Service Pumps 50,000. Phase 3 Contingency Phase 2 Total 500,000. 5. 1.5 miles of 16 inch Finished Water Line 350,000. 6. Site Preparation 60,000. Phase 3 Total Sub -total Total 410,000. 910,000. 90,000. $1,000,000. Page 12 of 13, Exhibit 'A" C -3233 6. Funding Schedule Phase 1 Wastewater 1.1 1.2 1.3 Water 2.1 2.2 2.3 2.4 2.5 Phase 2 Wastewater 1.4 1.5 1.6 1.7 Water 2.6 2.7 Phase 3 Wastewater 1.8 Water 2.8 2.9 Task Start Complete Amount Upon execution of contract No District funds. Upon execution of contract No District funds. 3/92 9/92 50,000. 3/92 3/92 6/92 7/92 6/92 6/92 6/92 7/92 8/92 8/92 No District funds. 100,000. No District funds. No District funds. 50,000. Phase 1 Total 200,000. Task Start Complete Amount 9/92 3/93 9/92 3/93 3/93 5/93 4/93 7/93 8/92 2/93 8/92 2/93 125,000. 75,000. No District funds. No District funds. 500,000. 50,000. Phase 2 Total 750,000. Task Start Complete Amount 7/93 7/94 50,000. 1.9 7/94 3/96 To be determined. 2/93 2/94 500,000. 2/93 2/94 No District funds. Phase 3 Total 550,000. Project Total $1,500,000. Page 13 of 13, Exhibit "A" C -3233