1994-06-21CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
A. Call regular meeting to order on June 21, 1994 at 7:00 P.M
B. Invocation offered by Reverend Ken McDuffie;
Pledge of Allegiance led by Mayor Kirk.
C. Mayor and Council attendance:
Mayor James E. Kirk
Councilmember Danny P. Entry
Councilmember Michael G. O'Connor
Councilmember Jerry E. Walker
Councilmember Dowling R. Watford, Jr.
Staff attendance:
Attorney John R. Cook
Administrator John J. Drago
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
D. Motion to dispense with reading and approve the Summary of
Council Action for the regular meeting of May 17, 1994, for the
Workshop of May 24, 1994.
Mayor Kirk called the regular City Council meeting to order on June 21, 1994 at
7:04 p.m.
The invocation was offered by Mayor Kirk;
Pledge of Allegiance was led by Mayor Kirk.
Clerk Thomas called the roll:
Present
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Present (entered Chambers at 7:06 p.m.)
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Councilmember Entry made a motion to dispense with reading and approve the
Summary of Council Action as corrected for the regular meeting of May 24, 1994
and the workshop for May 24, 1994; seconded by Councilmember O'Connor.
KIRK
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ENTRY
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O'CONNOR
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WALKER
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WATFORD
MOTION CARRIED.
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PAGE 1 OF 13
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E. Motion to approve the Warrant Registers for May, 1994
GENERAL FUND ..... $197.032.78
PUBLIC UTILITIES ....$641,464.09
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL
OF ITEMS ON TODAY'S AGENDA.
F. NEW BUSINESS
1. Presentation of awards - Mayor Kirk.
JUNE 21, 1994 - REGULAR MEETING - PAGE 2 OF 13
Councilmember Entry made a motion to approve the Warrant Registers for May,
1994 in the amounts, General Fund one hundred ninety-seven thousand, thirty-
two dollars, seventy-eight cents ($197,032.78) and Public Utilities six hundred
forty-one thousand, four hundred sixty-four dollars, nine cents ($641,464.09);
seconded by Councilmem ber O'Connor.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Mayor Kirk asked if there were any requests for the addition, deferral or
withdrawal of items on today's agenda. Administrator Drago announced there
is an item added to the agenda under New Business number eight, exhibit
thirteen.
Mayor Kirk requested Detective Alen LeVin come forward to the podium. Mayor
Kirk then read a letter of commendation in its entirety and presented Detective
LeVin with a certificate of achievement.
Mayor Kirk then requested Police Chief Mobley, Sergeant Jerome Smith (not in
attendance), Officers William Saum, Charles Merry and Denny Davis to the
podium. He then read a letter of commendation and presented each of them
with service award certificates.
Mayor Kirk then turned the floor over to County Judge Ed Miller, who presented
Chief Mobley, Sergeant Smith (not in attendance), Officer Saum, Officer Merry,
and Officer Davis with service award pins.
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JUNE 21, 1994 - REGULAR MEETING - PAGE 3 OF 13
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F. NEW BUSINESS
2. Motion to appoint Richard Bonnell as a regular Mainte-
nance Operator - Director of Public Works.
Councilmember O'Connor made a motion to appoint Richard Bonnell as a
regular maintenance operator (for the Public Works Department); seconded by
Councilmember Watford.
Councilmember Entry asked if he was coming off probation? Director Elders
responded yes.
KIR K
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
3. Motion to approve Phil Conroy and Glenn Hodges as new (I Councilmember O'Connor made a motion to approve Phil Conroy and Glenn
Fire Fighters - Fire Chief. Hodges as new Firefighters; seconded by Councilmember Watford.
Chief Tomey responded to the council's questions that these two firefighters
replace two that resigned, they both have worked for the City before and will
now be starting their probation.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
353
F. NEW BUSINESS
4. Motion to reappoint Matthew Sedar and Linda Ballinger to
the Code Enforcement Board until April 30, 1997 - City
Administrator.
5. Motion to approve a partial pay request to CenState
Contractors in the amount of $234,491.78 - City Administra-
tor (Exhibit 1).
6. Motion to approve a partial pay request to Butler Construc-
tion in the amount of $57,058.74 - City Administrator
(Exhibit 2).
JUNE 21, 1994 - REGULAR MEETING - PAGE 4 OF 13
Councilmember Entry made a motion to reappoint Matthew Sedar and Linda
Ballinger to the Code Enforcement Board until April 30, 1997; seconded by
Councilmember O'Connor.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Councilmember Entry made a motion to approve a partial pay request (number
three) to CenState Contractors in the amount of two hundred thirty-four
thousand, four hundred ninety-one dollars, seventy-eight cents ($234,491.78) (as
recommended by Engineer Reese of RMA for the water distribution system
improvements); seconded by Councilmember O'Connor
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CAriRIED.
Councilmember Entry made a motion to approve a partial pay request (number
twelve to Butler Construction in the amount of fifty-seven thousand, fifty-eight
dollars, seventy-four cents ($57,058.74) (as recommended by Engineer Reese
of RMA for the ground water treatment plant phase 1); seconded by Council -
member Watford.
Engineer Reese updated the Council on the projects progress.
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359
F. NEW BUSINESS
6. Butler Construction pay request continued:
7. Motion to approve a partial pay request to HCE Electric in
the amount of $44,525.00 - City Administrator (Exhibit 3).
8. Motion to approve two partial pay requests to Kimmins
Contracting Corp. in the amount of $21,825.99 and
$1,627.00 - City Administrator (Exhibit 4).
JUNE 21, 1994 - REGULAR MEETING - PAGE 5 OF 13
Vote on motion is as follows:
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Councilmember Watford made a motion to approve partial pay request number
five to HCE Electric in the amount of forty-four thousand, five hundred twenty-
five dollars ($44,525.00) (as recommended by Engineer Reese for the SCADA
System); seconded by Councilmember Entry.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Councilmember Watford made a motion to approve partial pay request number
two in the amount twenty-one thousand, eight hundred twenty-five dollars,
ninety-nine cents ($21,825.99) to Kimmins Contracting Corp. and partial pay
request number three in the amount of one thousand, six hundred twenty-seven
dollars ($1,627.00) to Kimmins Contracting Corp (as recommended by Engineer
Reese for the elevated storage tank demolition and utility modifications);
seconded by Councilmember O'Connor.
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F. NEW BUSINESS
8. Kimmins Contracting two pay request continued
9. Motion to approve a partial pay request to R.P. Hamby, Inc.
in the amount of $18,840.63 - City Administrator (Exhibit 5).
10. Motion to approve a Local Option Gas Tax Interlocal
Agreement - City Administrator (Exhibit 6).
JUNE 21, 1994 - REGULAR MEETING - PAGE 6 OF 13
Following Engineer Reese's brief update on the project, vote is as follows:
KIR K
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Councilmember O'Connor made a motion to approve a partial pay request
(numberfive) to R.P. Hamby in the amount of eighteen thousand, eight hundred
forty dollars, sixty-three cents ($18,840.63) (as recommended by Engineer
Willard of K & W for the sidewalk improvements phase 2); seconded by Council -
member Entry.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Councilmember O'Connor made a motion to approve a Local Option Gas Tax
Interlocal Agreement; seconded by Councilmember Watford.
Administrator Drago explained the City would be seeing an increase in revenues
from the local option gas tax this year. (Share of Proceeds went from 22.37%
to 23.88%).
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361
F. NEW BUSINESS
10. Approve Local Option Gas Tax Agreement continued
11. Motion to award a wastewater line extension contract to
G.E. French Construction Inc. in the amount of $33,635.00
- Director of Public Utilities (Exhibit 7).
12. Motion to approve a change order to the SCADA system
contract in the amount of $68,900.00 - City Administrator
(Exhibit 8).
JUNE 21, 1994 - REGULAR MEETING - PAGE 7 OF 13
Vote on motion is as follows:
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Councilmember O'Connor made a motion to award a wastewater line extension
contract to G.E. French in the amount of thirty-three thousand, six hundred thirty-
five dollars ($33,635.00) (as recommended by Knepper and Willard); seconded
by Councilmember Entry.
This line extension is to allow additional wastewater customers to connect to the
City's system, as explained by Director Jones.
KIR K
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Councilmember O'Connor made a motion to approve a change order to the
SCADA system contract (with HCE Electric) in the amount of sixty-eight
thousand, nine hundred dollars ($68,900.00) (as recommended by Engineer
Reese of RMA); seconded by Councilmember Entry.
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362
F. NEW BUSINESS
12. Change order to SCADA contract continued:
Presentation of awards. Ms. Goggins was not present
when the awards were presented:
JUNE 21, 1994 - REGULAR MEETING - PAGE 8 OF 13
Engineer Reese explained the situation to the Council that Administrator Drago
approached him to find a way to "man" the surface water plant through
automation that would cut down the amount of overtime money spent to pay
employees for twenty-four hour shifts to operate the plant as regulated by the
State due to the type of "manual" operation that is currently in place.
He further stated once the automation devices are installed, there would be a
panel installed at the police department with a visual alarm and voice alarm that
would indicate either: (1) there is a problem at the wastewater plant, (2) there
is a problem at the surface water plant, (3) there is a problem at the ground
water treatment plant (when it comes "on line") or (4) there is a problem at a
specific lift station and gives the station number. The dispatcher will then call
the utilities person on duty.
Administrator Drago added since October 1, 1993 to date the Public Utilities
Department has spent an estimated $17,000.00 in overtime just for the surface
water plant.
Vote on motion is as follows:
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Mayor Kirk recognized Ms. Maralena Coggins at this time as she entered the
Council Chambers and requested that she come to the podium. Mayor Kirk read
a letter of appreciation and commendation for her assistance in making appli-
cation for a Fire Department Grant. He then presented the letter to Ms.
Goggins.
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363
F. NEW BUSINESS
13. Motion to approve the expenditure of $17,614.00 to up
grade the lift station at Wolff Road - Director of Public
Utilities (Exhibit 9).
14. Discuss an occupational license equity study commission -
City Attorney (Exhibit 10).
JUNE 21, 1994 - REGULA R MEETING - PAGE 9 OF 13
Councilmember O'Connor made a motion to approve the expenditure of
seventeen thousand, six hundred fourteen dollars ($17,614.00) to upgrade the
lift station at Wolff Road; seconded by Councilmem ber Walker.
Director Jones explained, (in Exhibit Nine a memorandum to Administrator
Drago), that due to the Wolff Road Extension the County is paying the cost of
$74,550.00 for the lift station to be relocated. Director Jones and Engineer
Groover of Knepper and Willard recommended that the lift station's wet well size
be increased which would give them the ability to make this a master lift station
at a later date. The information for the increase was included in the County's
bid for the relocation. The additional cost for the increase is $17,614.00
KIR K
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Attorney Cook advised the Council that the '93 legislature amended the
occupational license statute. In order for the Council to adjust the City's
occupational license ordinance in the future an Equity Study Commission must
be made up of local business men and women to investigate and recommend
any necessary classification amendments, or rate amendments to the Council
for amending the ordinance.
Following lengthy discussion between Council, Attorney Cook and Finance
Director Parker, Council directed Attorney to establish the commission as
requested.
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F. NEW BUSINESS
15. Discuss ratifying the City's Peacetime Emergency Plan -
Fire Chief (Exhibit 11).
16. Discuss the Finance Director's position - City Administrator
(Exhibit 12).
JUNE 21, 1994 - REGULAR MEETING - PAGE 10 OF 13
Fire Chief Tomey addressed the Council explaining the State has comprised a
"Peacetime Emergency Plan' for the State and has recommended each County
and City do likewise. Exhibit Eleven contains the City's Plan.
The City cannot officially adopt the plan by ordinance until the County adopts
their Plan. He requested the Council ratify the City's Peacetime Plan (Exhibit
Eleven), and recognize it until the County adopts theirs.
Following brief discussion between Council, Chief Tomey and Detective O'Neill,
Councilmember O'Connor made a motion to ratify the City's Peacetime Plan as
presented by the Fire Chief (Exhibit Eleven), and we use this until the County
gets their Plan in place; seconded by Councilmembers Walker and Watford.
KIR K
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Administrator Drago explained in Exhibit Twelve the City received thirty-four
resumes for Director of Finance position. After a letter was sent out to each
applicant stating the salary only fourteen replied to the letter accepting the salary
should the position be offered to them.
Following discussion concerning the process to use to screen the fourteen
applicants Mayor Kirk appointed Clerk Thomas Administrator Draw and
Councilmember O'Connor to serve as a screening committee for the Finance
Director's applicants They are to choose six pick the top three from the six and
the Council will interview the top three.
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365
F. NEW BUSINESS
17. Discuss insurance benefits for Workman's Compensation
Coverage - Councilmember O'Connor (Exhibit 13).
18. Discuss a Lease Option Agreement with Nassau Power on
the City's 151 acres - Administrator Drago (Exhibit 14).
JUNE 21, 1994 - REGULAR MEETING - PAGE 11 OF 13
After lengthy discussion by Council and Staff, Councilmember Walker made a
motion, seconded by Councilmember O'Connor that the City will pay the
insurance premiums for its current employees forward, who are on workmans
compensation as described, the employees disability insurance, life insurance
and one-third (1/3) hird of their health insurance; also that the employee will
reimburse the City the two-thirds Cl,,) that they receive from workmans
compensation for health insurance; also this policy will remain in effect until a
new one is adopted; and as stated by Mayor Kirk this procedure is subject to the
legal examination and approval of the City Attorney.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
There is a verbatim of this item on file in the Clerk's Office.
Administrator Drago added the item to discuss a lease option agreement
between the City and Nassau Power.
Administrator Drago explained this is the portion of the City's property that is not
being used by the ground water treatment plant. It's a three year option, the
final year calls for a twenty-five thousand dollar payment and the Council needs
to ratify it. Nassau Power has got some second thoughts about whether or not
their project will go forward. They are still interested in the property and they
have come back with a counter offer to the City for a six month option at a rate
of five thousand dollars. That option, if the council approves it will expire January
of 1995.
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F. NEW BUSINESS
18. Lease Option Agreement with Nassau Power continued:
JUNE 21, 1994 - REGULAR MEETING - PAGE 12 OF 13
Councilmember Watford asked Administrator Drago to explain the first lease
option agreement on the land with Nassau. He responded, it started out twenty
thousand dollars for the first two years and the last year is twenty-five thousand
dollars. But the last year had to be specifically approved by the Council, it was
not automatic.
Administrator Drago and Council discussed retiring employee benefit packages
in brief and specifically the one to be paid to retiring Finance Director, Lola
Parker this fiscal year; and how the City could take advantage of the six month
option windfall of five thousand dollars (from the lease option agreement with
Nassua Power) along with some other budget provisions as described and
alleviate the necessity to address the Finance Director's benefit package in next
year's budget.
Councilmember Entrymade a motion to approve the six month lease option
aareement with Nassau Power in the amount of five thousand dollars, with the
stipulation that the money be set aside for the time benefits (for the present
Finance Director as requested by the City Administrator); seconded by Council -
member O'Connor.
KIR K
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
367
ADJOURNMENT
Mayor Kirk:
NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY
DECISION MADE A THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL
NEED TO INSURE THAT VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
`James E. Kir , M YOR
ATTEST:
nnie S. Thomas, CMC
CITY CLERK
JUNE 21, 1994 - REGULAR MEETING - PAGE 13 OF 13
There being no further items on the agenda, Mayor Kirk adjourned the meeting
at 8:50 p.m.
17. Discuss insurance benefits for Workman's Compensation
O'Connor (Exhibit 13)
Mayor Kirk yielded the floor to Councilmember O'Connor.
MO - It first started at the police dept and then rolled over to the utilitie
employee over there, we have a an injured law enforcement officer. A
period of time, our employees have to pick up their own health insuran
to pick it up and pay for it themselves even though they were injured v
So, I contacted Mr. Cook and asked him to look into that and to find of
happened, and it was from unwritten policies, it was from past policies
sure how this had been done all these years and if you read this mem
me it specifies in there several different ways that things have been
ac
need to be done now, so on and so fohNa � far
as the for us, aank and file E
strictly talking about, if we've got people9
everyday and they get hurt and they have to be off more than a montl
"sorry guys your getting your 66 and 2/3 pay for workman's comp, not
your insurance away from you and make you pay that too." That is n
is not taking care of your people and it can be changed by us as a pc
the insurance for your people and that is only right. I know, I've been
end of that thing where, thank God, they paid mine. We need to char
And with that I'll let Mr. Cook, cause he's got some idea's on the way
we've got two people right now that this is fixing to maybe get into, or
the police dept.
- Councilmem ber
dept, we have an injured
I it dealt with after a certain
3, after a month, they had
He working for the city, us.
t why and how long this
it was from weren't really
)randum that he sent back to
ne and the way that they
king anything about pay, I'm
aople, doing their job
and then we say to them,
we're also going to take
it right. That is wrong. That
icy decision that we will pay
there, I've been on the other
ge this for our employees.
that it needs to be done, but
9 is in utilities and one's in
JC - After I did the memo, Bonnie pointed out to me that the, and I really had not seen this before,
she pointed out to me that the proposed employee handbook, which was last revised in March,
essentially has in place in there, the suggestion I had in my memo, under "Family and Medical
Leave after 1993."
As I understand the workman's comp end, and I've done a little bit of workman's comp, I'm not an
expert by any means. But, the amount of money that an employee receives is based on his
average weekly wage, which is computed, it's average over a 13 weeks prior to the injury. But
wage, average weekly wage, encompass not only your salary but also some of the benefits. So,
the courts have construed that and there is a statute on that also in essence if, the statute says 9
during the disability employer continues to provide consideration including board, rent, housing or
lodging but that also encompasses medical insurance, the value of that consideration will be
deducted with the calculated average weekly wage. So what that means then is that whether we
pay the insurance premium or not will have an effect on the amount f the check that the person
will get.
As I understand it now from Lola, when we do not pay the insuran
company is contributing 2/3 of the or adding the amount of that pr
amount is added on to that employees check, workman's comp cr
insurance only .... if we elect to go ahead and pay that during the U
accident, where a person cannot work, then the value of that will i
weekly wage, so he would get his, that benefit would just not be e
be paying it, workman's comp wouldn't. Whether we do it or not j
an employee's workman's comp check.
The new handbook actually proposes that the City do or does pay
insurance.
MO - say that again please.
JC - again, this has not been voted on, but this is what staff has i
subject for discussion, but under benefits while on leave, it says c
this policy an employees group health insurance coverage will be
under the same conditions as before the leave began. At least,
recommendation that the city pay that. I think our policy now is v
after that the employee has to pay, the premium.
premium, the insurance
um what ever it is, 2/3 of that
c. If we .... right, for health
of disability or job related
be included in his average
ad in. So in other words we'd
has an effect on the amount of
contribution toward
ne up with and still obviously
ing any period of leave under
aintained at the same level
If at this point, has made
pay the first month and that's it,
(W.6
Lola says some thing here, cannft be understood on tape. Attorney ok respond "right" to
whatever it was that she said.
JC - cause as Mike (O'Connor) says if an employee is out, some of these
workman's comp injuries
can linger on for a long time, can be out two or three or four months.
Course any medical condition
related to the accident workman's comp is going to pay for. But suppose
your out because you hurt
your back at work and workman's comp is paying for that, while your o
it because of your back and
you cannot afford to keep your health premiums up and you have a he
rtache, it's not related to the
injury, in theory that employee does not have any coverage for that separate
injury or illness. So
it's really like Mike (O'Connor) said, there's nothing that I could see anywhere
in writing (minutes)
that where it specifically says when an employee is injured we will pay
the first month and nothing
else. There's a lot of stuff that has to be addressed on workman's cory
p and the types of benefits
and whether it applies to job related accidents only or whether it's going
to apply to maternity leave
or any other kind of leave but I think for the immediate need, before wf
i get to studying this new
handbook, Councilmember O'Connor wanted some direction on what we
are going to do about
insurance premiums right now.
JK - You said that if we were not paying it, the insurance, I think you s id this, help me, the
workman's comp would pay along with their benefits would pay 213 of the insurance premium?
JC - well its not really like their paying the premium. When you compute your average weekly
wage, all compensation and benefits make up your total wage package is figured .... JK - so they get
2/3 of the 2/3 that's what your saying?...JC - yes, so say you add up your pay check you add up
your hourly wage, your health insurance benefits whatever they can fit under that statute, say it
comes out to $100.00 a week, average weekly wage. They're going t pay you 2/3 of that, so it's
not like they're paying your health insurance premiums the value of th t is figured in this whole
computation .... MO - your benefit package....JC - yea.
JW - If we were paying it they'd drop it out is what you're saying? JC � right.
JW - if the health insurance was $10.00 of the hundred then they wouldn't figure it in their 66 2/3
percentage because they knew we were going to pay it in full.... JC -right.
MO - and you see what's happened, we've had, according to this memo and it goes back to 1989,
when I checked into it that we've had unwritten policies and we've had policies at the pleasure of
the board at the time of the incident. And we need to be a little be more precise than that for our
employees, they're what makes the city tick.
JK - I'll agree with that, there needs to be a set policy, whether we ca do that here tonight. This
2/3 is sitting on my brain. If a person's actual salary is say $100.00 a week but then their benefits,
insurance, whatever, took it to $140.00, then they get 2/3... DW - 66 arid 2/3.... JD - of 140 it's the
same thing 2/3 is the same thing ... 2/3 is 66 and 213... you're right .... JK - don't confuse me, I'm
having enough trouble....DW - well he said 213 and they said no it's and 2/3... JK - but this
person would get 2/3 of the $140.00, so in essence what's coming out of their pocket is 1/3. Is that
correct? JC - that's how I would look at it yea .... JK - is there any way we can get ... JW - we can
pay the 1/3... JK- so kind of stiflin or something because they were out, were talking about 1/3 of
it without getting ourselves in trouble?
JC - I suppose we could, I mean there's nothing in the statute that prohibits that.
JD - I think the procedure would have to be is that they would have
they would get for the health insurance and the city would pay the c
no to the insurance company. In other words that's the right way to
JK - I mean it looks like that's a way for us to legally fudge a little bit.
JW - yea go ahead and get your 2/3.
JC - and also ... JK - now don't let me say something that's going to c
right .... JC - no that's exactly right .... JW - it's 66 and 2/3 anyhow isn't
go ahead ... JK - they're not getting the benefit of it ... JW - I'd like to si
company computes the value of that into the total weekly wage, like
how I view it, they would pay 2/3 of the value of that health benefit.
JK - so if we are willing to cover the whole thing we'd cover 1/3 or
reimburse the City the 2/3
irence...JW - to them ... JD -
it.
us in trouble if that's not
...JK - if we .... JW - I'd like to
him get it ... JC - insurance
u said in essence, and it's
could ask the employee to
cover the 1/3? •
JC - that's how I look at it, don't you Lola?
LP - they get a 13 week average, that's what the 2/3 is computed on f r a 13 weed average, if it
includes health insurance or if it doesn't, if it's only salary, the only thing is some employees come
out better because they have "on -call pay" they have overtime, in with their 13 week leave, where
another employee that's not subject to overtime or additional type pay, they wouldn't come out as
good just drawing workman's comp as an employee that is subject to overtime and on -call pay.
Just as an example, on the public utilities employee that is off now, if i
reimburse the city for his difference of the 1/3 of the insurance, actuall',
is paying for the 2/3, if he was not reimbursing the city the 1/3 plus his
disability insurance that the city pays for him he would have like $35.0
workman's comp based on his 13 week average than he would at his
withholding, less social security, less retirement. That's just one exam
his didn't come out with that good of an average. So it varies for diffe
how their pay goes too. The extent of the benefit that they would eves
comp. But workman's comp uses the same formula regardless of with
overtime or whatever. Did I confuse it more?
Gene O'Neill - Mr. Mayor, if I may address the Council, as a city emplc
for myself, I'm going to be getting a limited amount of money as it is, e
period of time, and it you go about the way your talking then at the eni
be getting a little bit less money coming out of that and then my insure
would rather have my insurance paid up front, and get the less money
that's going to be consistent all along instead of being confused and tr
but I can't afford insurance because I'm down and under with some tyl
personally I'd like to see it come out from the start and go ahead a pa!
just that much traffic from the initial confrontation.
JK - you'd like the city to deduct the 1/3, is that what your saying?
a were not having to
because workman's comp
life insurance and his
more a week by just
Vu lar net salary less
►le. Now, the police officer,
)nt employees according to
receive from workman's
it they are subject to
yee, and I can only speak
pay cut so to speak for that
of that month that I would
ice would be paid, but I
right from the start knowing
,ing to pay back insurance,
e of injury or sickness. So
that difference and would
GO - no pay the .... DW - he want's the city to pay the entire amount... GO - and then when the
workman's comp percentage is figured out that would not be figured i o the percent into the
compensation at all .... LP it'd be based on salary only .... GO -right.
JK - I thought you said if we paid it, they'd get 66 and 2/3 of that
JC - if we don't pay it .... JK - if we don't pay it they get 66 and 2/3... JC - if we do pay it then the total
value of that health insurance benefit is not figured into his average weekly wage. Like Gene said,
he would get, like in your example you used $100.00 and $140.00... J - okay ... JC - his pay is
$100.00 a week and the health insurance benefit $40.00 a week, just as ball park figures...JK -
okay ... JC - if we pay that, if we pay, when a person gets sick or hurt an the job we pay their entire
health insurance premium, he's going to get 2/3 of $100.00, if we don'' pay anything he'll get 2/3 of
$140.00.
GO - and then at the end of the month I'd have to pay back 2/3 of tha to the city to keep my
insurance going .... JD - only 213 of the $40.00... GO - right .... JD - and tt ien the city picks up the
difference, put it still nets out the same .... GO - the fact is, I have to pa I out money that I just don't'
have at the time, where, if the city was taking care of it up front I woul n't have to worry about
it .... JD - I don't think the mechanism would be set up that we would wait on your check, I mean the
city would pay it, on the premise that when you did get it, 213 of the 0.00 would be reimbursed
back to the city, if that's what the Council wants.
MO - I think we're losing light of just keeping it simple, make it a polic of that if one of our
employees get hurt, while working for the city, that we pay his insuran a period. What, I mean,
think that's the least we can do in as much as we can't always give PIE y raises, because of the
economy and this is one way of showing them that we appreciate them and by god that they're
worth it, and it's a benefit.
JC - let me ask Lola Bell, what is the policy on, say a person is not
a contribution to his own health insurance now right?
LP - only for dependent coverage.
at all, the employee makes
3 OR (o
•
JC - okay, only for dependents.
JW - will this be for dependent coverage too?
LP - they would have to automatically reimburse the city for dependent coverage ... MO - right... LP -
but the process that's being used now is that they reimburse the employee as well as depen-
dent .... JW - we don't have a scale for dependents where we contribute any part of it? .... LP - the
same premium .... JD - no, no, we contribute $18.00 a month toward dependent coverage .... JW -
that's what I thought, that we give them something ... LP - right.
JC - so I guess one way to look at it, like Councilmember O'Connor said, if you continue paying
their health premium even though their injured it's not any extra money out of the city's pocket, it's
something we're paying anyway, right? .... MO - it's what you pay anyway, and it's giving them a
benefit and helping them, you know, we've got, I can't emphasis it enough, we've got to take care of
these people they're the ones that are making it all happen.
DW - however, under the attorney's scenario here, if workman's comp s going to pay a portion of
that premium, why not let them pay it, that' why we pay all these workr ian comp fees for, why not
let them pay it? I mean it'd be just like we've got automobile insurance,, let's say if one of our
automobiles get's wrecked we're going to tell the insurance
turned to tape 2 side 1
MO - we can do it right John?, that's what you said in this memo.
be a little inconvenient for the employee to have to pay it back but
out better.
JC - actually we'd get a larger workman's comp check.
DW - and he only has to pay back 2/3 or .... JD - of the health
insurance benefit.
JK - he has to do what now?
care .... DW - I know it will
part of it, he really comes
benefit ... DW of the health
DW - he'd have to pay back, he'd have to pay the city back 213 for the health insurance, that' the
portion of his workman's comp check that is contributible to the .... JW - why would he have to pay
us back? .... DW - because he get's the check ... JW - oh okay, 213 of what we would pay ordi-
narily ... DW - yea he'd have to pay us that and we pay the other 1/3.... W - if we're paying his
already at a 100% for the individual he wouldn't have to give us nothing back .... DW - no, cause he's
getting it, workman's comp is paying that portion .... JW - in other words he'd all of a sudden be
getting money for it to pay it even though we had been paying it in the past.
MO - that would be alright as long as the employee doesn't have to pony up any money, I don't
think he should and if that work's then that is fine.
JK - the only thing is that this is taking a different route to get the 66 a d 213 percent and then
we're asking the city to pick up the 1/3 what we're doing, by skirting th s is having workman's comp
pay the 2/3.... MO - I understand, but just as long as the city employee doesn't have to come up
with any money, that's the bottom line ... JK - their going to be giving us back some money .... MO -
yes sir I understand that .... JK - but it's not going to effect their bottom ine... MO - that's what I'm
talking about I don't' think it's right that they are going to have to start paying for their health
insurance cause they got injured in a patrol car because some drunk r n into them. That's not
right.
LP - let me just clarify for you too, if you decide to go this way, right kr ow their currently having to
reimburse the life insurance and the disability insurance. You need to determine if you want that
included because workman's comp does not pay any of that benefit its If.
JD - but isn't the life insurance in with the health insurance premium?
LP - it has separate premiums and they don't, it shows the premium af lounts for the life and the
premium amounts for the health insurance and workman's comp does iot pay any part of the life
insurance.... JD - that's a small amount anyway right? $20.00 or somel iing? .... LP - well for the
police officer it's $35.00 for other employees is $8.50....JW - but that's still a benefit they get, right,
q & &
that's not something we take ouioof their check ... LP - right ... JD - no t would be something that
the city would continue to pay .... JW - yea I think we ought to continue o pay for it, I think so if
they're hurt in the line of duty, that I could rationalize that, we're not go ng to get it back any how
and I don't see any reason to penalize the employee just because the got hurt, I really don't. I
think we need somebody to work out the mathematics and give it to u if we could get a motion to
do this.
JK - yea, because we're getting the insurance paid and it's not costing the employee anything ... JW
- right, no I can go along with that with the health insurance but the life insurance I don't see
anything wrong, we're paying it anyhow, I don't think he's going to get anything for it and I think we
should add that on there and pay it ..... JK - you just need to make sure that's legal, usually when
there's a loop hole that somebody like me can find it's already been cl sed. I would suggest
moving in that direction. 7
MO - I would make a motion if I knew how to say it John.
DW - do we want to pay the life insurance and the disability
Lola?
LP - we've been continuing paying the premium but the employee has
JK - that's not enough money ... JW - I think we ought to go ahead and
the disability insurance and 1/3 of the health insurance. I think that we
don't' mind making that in the form of a motion.
MO - I second it.
JK - motion and second.
JD - you need to include that the employee has to reimburse the city
premium.
JW - okay and then you got to put an addendum to that, that he'd
that he receives from workman's comp for the health insurance.
figures in there mayor.
JD -yes your right.
JW - John says I'm right. I think it's fair to do that for them.
LP - and also if I can .... JW - don't tell us nothing else ... LIP - it has (or t
her on the tape) approved policy .... DW - it should go from tonight on ... I
don't back up .... DW - starting tonight or tomorrow, not backing up.
MO - wait a minute, so what your saying then Councilmember Watford
policemen and we're going to take our utility worker because they hurt
JW - no .... DW - we're not going to reimburse any, have they already pi
not yet .... DW - are they going to owe us some money? ..... LID - if you w
back to June list or whatever ??????can't understand tape???????? I
the current procedures being used. I gave the one employee the mem
that the memo might possibly change because it was coming before th
year before last we had an employee hurt, we haven't had that many a
direction ??????????????????????????????can't understand tape?T
that's the only two that's on workman's comp, right? .... LP - right now yi
but .... JD - but he's going to be, he's already been told he can't do it an
understand tape???? ..... JK - is this going to cause a problem for these
date of now? .... LIP - the only thing in reference to Jack Adams is he is
and has been reimbursing the city ..... JK - I think under the scenario he
getting a larger check, paying the 2/3 back and then the city pays the
life and disability insurance.
Have we been doing that
reimbursing.
the life insurance and
be a good package, I
2/3 of the health insurance ✓
1 to reimburse us the 2/3
got all the mathematically
not cannot understand
- okay ... JW - yea, let's
is were going to take our
)efore tonight .... JD - DW -
id us some money?....LP -
int to make it retroactive
iid draft the memo based on
but I told him at the same
Council. But last year or
id I was just wanting to get
??????????????.....JD - but
s, other than Jack Adams,
,more .... LID - ?????can't
two people with the effective
,urrently on workman's comp
a their going to end up
(3, right? .... JD - plus the full
LP - so anybody that is currently on workman's comp this is the formula we will be using, anybody
prior to currently on workman's comp .... JW - we're not going to go back and drag out the others
back out and send them a refund ..... DW - this fellow that's been on workman's comp for so long his
he going to start on this plan now? LP - pardon me? .... DW - this fellow that ya'II just mention is he
�l �
going to start on this plan now?•LP - that's my understand, that all ployees that are currently
on workman's comp right now ... JD - yea but his he getting the 2/3 extr on the health insurance
factored into his formula? .... LP - I really would have to look at it and s because that was
with .... JD - I would say to be fair to him that if in fact his is not being reimbursed 66 and 2/3
percent, then unfortunately I think he would have to stay as he his and you Qnly address the two
that are currently there, that's the one police officer and utilities operator, I believe thought, that he
will be leaving the city because he has been told by his doctor that hecannot perform that type of
work, so I think that would be fair for him.
DW - should be also say that this will be in effect until our or does this Igo without say, until our new
employee handbook, if in fact we ever get it, and if m act we ever a
saying...JD - JW - that's right .... DW - so if and when we ever get to a
were not paying anything then at that moment we'll begin not paying,
that's right .... DW - so that doesn't need to be ... JC - this procedure as
to legal examining, make sure the nro e_dures are okay.
JK - I think we do have a motion and a second on the floor, is there
not all those in favor of the motion say aye.
JK- DE - MO -JW -DW - aye.
JK - those opposed, alike sign.
end of verbatim
dbook can we and it says
iing.... JK - JW - JD - JC -
mayor said is still subject
other discussion on it? If
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10. Motion to approve a Local Option Gas Tax Interlocal Agreement - City Administrator (E-6)
11. Motion to award a wastewater line extension contract to G.E. French Construction Inc. in the amount
of $33,635.00 - Director of Public Utilities (E-7)
12. Motion to approve a change order to the SCADA system contract in the amount of $68,900.00
City Administrator (E-8)
13. Motion to approve the expenditure of $17,614.00 to up grade the lift station at Wolff Road
• Director of Public Utilities (E-9)
14. Discuss an occupational license equity study commission. - City Attorney (E-10)
15. Discuss ratifying the City's Peacetime Emergency Plan - Fire Chief (E-11)
16. Discuss the Finance Director's position - City Administrator (E-12)
17. Discuss insurance benefits for Workman's Compensation Coverage - Coucilmember O'Connor (E-13)
ADJOURNMENT
NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION
MADE AT THIS MEETING OF THE CITY COUNCIL, CLUSUCH PERSON IDES THE TESTIMONY AND LL NEED TO INSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS ISAKE WHICH IN
EVIDENCE UPON WHICH THE APPEAL IS BASED
CONTRACTOR: CenState Contractors, Inc.
P.O. Drawer 552
Winter Haven, FL 33882
(813) 324-3882
PROJECT NAME City of Okeechobee Water Distribution Svstem Improvemens
PROJECT NUMBER
CONTRACT DATA:
Bids Received
Notice to Proceed
Calendar Days -to Sub. Completion
Calendar Days to Completion
Original Completion Date
Ext. Allowed•to Date (days)
New Completion Date
Original Contract Amount
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. A
Adjustments to Date
W. Contract Amount
ntage Complete (S)
Percentage Complete (time)
April 4, 1994 . PH 2-6
276
330
March 1, 1995'
$1 226 136.45
2
17
Inspector:
r-
APPROVED FOR PAYMENT:
Owner
BY:
Ree
BY:
DX
Reese, Macon and Associates, Inc.
9121 North Military Trai'•
Suite 207
Palm Beach Gardens FL 33410
(407) 625-6660
3
Partial Payment Estimate No.: 141,
Submitted: May 21. 1994
SUMMARY OF JOB STATUS
Total Work Completed * $ 346,570.99 ✓
Subtotal
Co29,434.81v
Less Retainage QQtW * $ 5 5," 214.—rg S5 039.38
Less Previous Payments $ 339,903.70
Amount Due This Period $ 234 491.-78
*See Worksheet
CONTRACTOR'S CERTIFICATION
As authorized agent for the Contractor, I, the undersigned
hereby certify that to tbe.best of my knowledge and belief,
this is a true and correct• statement of work performed and
materials delivered. I further certify that the Contractor
has good title for all materials delivered under this partial
payment estimate and there are no vendors' liens, mechanics'
liens, or other liens or rights to liens against this job,
and that all previous partial payments received under this
Contract have been applied to discharge in full all of the
Contractor's obligations reflected in prior partial payment
requests and that hourly wages paid to all employees on this
project for the period of this estimate are in accordance
with the wage scale determination contained in the contract
documents.
CenState Contractors, Inc.
Conti- to •
BY:
B. Scott Snort, President
DATE SZ/- 9 Y'
CONTRACTOR: Butler Construction Company, Inc.
210 Hardee Lane
Rockledge, Florida 32955
PROJECT NAME Groundwater Treatment plant - Phase T
PROJECT NUMBER 92-158
PERIOD COVERED 4 / 16 / 94
K!11MVam. �.
Bids Received
2/18/93
Notice to Proceed
5/04/93
Calendar Days;to Sub. Completion
335
Calendar Days to Completion �_
4/3/9
395
ASubst. 6/2/9 dFinal-
original Completion Date
Ext. Allowed to Date (days)
New Completion Date
original Contract Amount 2
765,onn-nn
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
Adjustments to Date
Rev. Contract Amount _„_ ?
?fig nn
'pnn
Percentage Complete (S1
oa
Percentage Complete (time)
�����
'71
inspector: ---
APPROVED FOR
Owns. -
BY:
DATE:
Reese, Macon ' pates
BY.
DATE:
Reese, Macon and Associates, Inc.
9121 North Military Trail
Suite 207
Palm Beach Gardens FL 33410
(407) 625-6660
(407) 625-6664 (Fax)
Partial Payment Estimate No.: TWELVE
Submitted:
SUMARy OF JOB STATUS
Total Work Completed S 2 77Q ?na Afi
subtotal
g ��o Ana F6
bass Retainage (10%) S 272,920.86
bass Previous Payments S ? IGQ ?2Q nA
Amount Due This Period S 47 naa zd
CONTRACTOR'S CERTIFICATION
As authorized agent for the Contractor, I, the undersigned
hereby certify that to the. best of my knowledge and belief,
this is a true and correct- statement of work performad and
materials delivered. I further certify that the Contractor
has good title for all materials delivered under this partial
payment estimate and there are no vendors' liens, mechanics'
liens, or other liens or rights to liens against this job,
and that all previous partial payments received under this
Contract have been applied to discharge in full all of the
Contractor's obligations reflected in prior partial Payment
requests and that hourly wages paid to all employees on this
project for the period of this estimate are in accordance
with the wage scale determination contained in the contract
documents.
TR11CT I ON 1
Contractor
CONTRACTOR: HCE Electric, Inc.
1900 Fifth St., NW, P. O. Box 3036
Winter Haven, FL 33885
PROJECT NAME CITY OF OKEECHOBEE - SCADA SYSTEM
PROJECT NUMBER 93-109
PERIOD
CONTRACT DATA:
Bids Received
Notice to Proceed
Calendar Days to Sub. Completion
Calendar Days to Completion
Original Completion Date
Ext. Allowed to Date (days)
New Completion Date
Original Contract Amount
Change Order No. i
Change Order No. 2
Change Order No. 3
Change Order No. 4
Adjustments to Date
Rev. Contract Amount
Percentage Complete ($)
• Percentage Complete (time)
5/5/93
1211/93
180 days
195 days
Subst. 5/29/94 Final 6/13/94
Inspector:.
CITY OF OKEECHOBEE
Owner
By:
Date:
$282,254.00
48,534.00
S330,788.00
S323,554.00 (98%)
98%
REESE, MACON & ASSOCIATES
By:�
Date:
T
Reese, Macon and Associates, Inc.
9121 North Military Trail
Suite 207
Palm Beach Gardens, FL 33410
(407) 625-6664 Fax — `y
(407) 625-6660 Telephone
Partial Payment Estimate No.: 05
Submitted by: Keith D. Mixon, PE
Total Work Completed
$ 323,554.00
Materials Stored On site
$
0.00
Subtotal
$ 323,554.00
Less Retainage (10%)
$ 19,079.30
Less Previous Payments
$ 259,949.70
Amount Due This Period
$ 44,525.00
CONTRACTOR'S CERTIFICATION
As authorized agent for the Contractor, I, the undersigned
hereby certify that to the best of my knowledge and belief,
this is a true and correct statement of work performed and
materials delivered. I further certify that the Contractor
has good title for all materials delivered under this partial
payment estimate and that are no vendors' liens, mechanics'
liens, or other liens or rights to liens against this job,
and that all previous partial payments received under this
Contract have been applied to discharge in full all of the
Contractor's obligations reflected in prior partial payment
requests and that hourly wages paid to all employees on this
project for the period of this estimate are in accordance
with the wage scale determination contained in the contract
documents.
HCE ELECTRIC, INC.
Contractor
By:i_�
Date: 05/16/94
CONTRACTOR: KIPMINS CONTRACTING CORP.
PROJECT NUMBER 93-109
PERIOD COVERED 3112/94 THROUGH it ') IC)4
CONTRACT DATA:
Bids Received
Notice to Proceed
Calendar Days.to Sub. Completion
Calendar. Days to Completion
Original Completion Date
Ext. Allowed to Date (days)
New Completion Date
Original Contract Amount
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
Adjustments to Date
Rev. Contract Amount
Percentage Complete (S)
Percentage Complete (time)
In1ftctor9y
APPROVED FOR PAYMENT:
Gl rY 01= CMEPc 1ro06=€ Ree
,D n a r
BY: BY:
DA,. : �, 7` DAT
ii
Reese, Macon and Associates, Inc. LL
9121 North Military Trail
Suite 207
Palm Beach Gardens FL 33410
(407) 625-6660
Partial Payment Estimate No.: 2
Submitted: 4/ 2/%
SUMMARY OF JOB STATUS
Total Work Completed $32 544.00
Materials Stored Onsite $
Subtotal $32.544.00
Less Previous Payments
Amount Due This Period
CONTRACTOR'S CERTIFICATION
As authorized agent for the Contractor, I, the undersigned
hereby certify.that to the -best of my knowledge and belief,
this is a true and correct statement of work performed and
materials delivered. I further certify that the Contractor
has good title for all materials delivered under this partial
payment estimate and there are no vendors' liens, mechanics'
liens, or other liens or rights to liens against this job,
and that all previous partial payments received under this
Contract have been applied to discharge in full all of the
Contractor's obligations reflected in prior partial payment
requests and that hourly wages paid to all employees on this
project for the period of this estimate are in accordance
with the wage scale determination contained in the contract
documents.
CONTRACTOR: KUt4M COWRACfING CORP.
• JI s 1r�11 `Re :. tl D a VINNI.14101211- l N YY J8.. EM It—Hows MU ZZ W 6111 y a
PROJECT NUMB
PERIOD COVERED 3/12/94 THROUGH 44224G_
CONTRACT DATA:
Bids Received
Notice to Proceed
Calendar Days -to Sub. Completion
Calendar Days to Completion
Original Completion Date
Ext. Allowed to Date (days)
New Completion Date
Original Contract Amount
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
Adjustments to Date
Rev. Contract Amount
Percentage Complete (S)
Percentage Complete (time)
Inspector:
APPROVED FOR PAYMENT:
Owner
BY:
DATE:
Reese, Macon & A*44%'ciates
BY:
DATE:
Reese, Macon and Associates, Inc.
9121 North Military Trail
Suite 207
Palm Beach Gardens FL 33410
(407) 625-6660
Partial Payment Estimate No.: 3
Submitted: 4/22/Q4
SUMMARY OF JOB STATUS 11) ci.i, nn
Materials Stored Onsite
Subtotal
5 �!o
Less Retainage (kOFC)
Less Previous Payments
Amount Due This Period
$ U.W
$ 32.5 .00
$ -+-eft W21. Zo
$
$_i-dfi
Lco27.20 �"
CONTRACTOR'S CERTIFICATION
As authorized agent for the Contractor, I, the undersigned
hereby certify that to the -best of my knowledge and belief,
this is a true and correct• statement of work performed and
materials delivered. I further certify that the Contractor
has good title for all materials delivered under this partial
payment estimate and there are no vendors' liens, mechanics'
liens, or other liens or rights to liens against this job,
and that all previous partial payments received under this
Contract have been.applied to discharge in full'all of the
Contractor's' obligations reflected in prior partial payment
requests and that hourly wages paid to all employees on this
project for the period of this estimate are in accordance
with the wage scale determination contained in the contract
documents.
—c.—a4
V
APPLICATION FOR PAYMENT NO
To CITY OF OKEECHOBEE
Contract for SIDEWALK IMPROVEMENTS, PHASE 2
OWNEIZ's Contract No. P'a-01-00-02-93
For Work accomplished through the elate of JUNE
ITEM
1. Sidewalk
2. Site Restoration
3. Sidewalk
Total (Original Contractl
C.O. No. 1 SW 15th St.
C.O. No. 2 SW 7th Ave.:
Sidewalk
Site Restoration
Total Contract with
Change Orders
5
ENGINEER's Project
CONTRACTOR's Schedule of Values
Unit Price Quantity Amount
S 19.49 1400 S.Y. 27,286.0
5,900.00 LUMP SUM 5,900.0
21.49 790 S.Y. 16,977.1
Accompanying Documcnta:ion
$ 50,163.10
19.49 711.749 13;872.00
19.49 1584.44 S.Y. 30,880.74
7,668.69 LUMP SUM 7,668.69
$102,584.51
Jo. 7218.93
Work Completed
Quantity Amount
1220.889 S.Y. $ 23,795.12
158.39% 9,344.87
591.11 S.Y. 12,702.95
$45,842.94
639.0 S.Y.. 12,454.11
1563.56 S.Y. 30,473.78
97.67% 7,490.19
96,261.02
GROSS AMOUNT DUE ................... $ 96,261.02
LESS 10 % RETAINAGE .*: ......... .. $ 3,796.40
AMOUNT DUE TO DATE ................. $ 92,464.62
LESS PREVIOUS PAYMEN S $ 73 623.99
AMOUNT DUE THIS APPLICATION .... $ 18,840.63
* On Change Order No. 2 amount only.
CONTRACTOR'S Ccrurication:
The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on
account of Work done under the Contract referred to above have been applicd to discharge in full all obligations
of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered I
through FOUR (4) inclusive; (2) title to all Work, materials nd equipment incorporated in said
Work or otherwise listed in or covered by this Application for Payment will pass to OWNED. at time of payment
free and clear of all liens, claims, security interest and encumbrances (except such as are covered by Bond
acceptable to OWNER indemnifying OWNER against any such lien, claim, security interest or encumbrance);
and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not
defective as that term is defined in the Contract'Documents. R.P. HAMB , INC.
7256—A WE TPORT PLACE
Dated JUNE 14 ,19 94 WEST PALM BEACH, FL. 33413
n*rrn Ar%rn11
By V/.V�
(Aut orized
Payment of the above AMOUNT DUE THIS APPLICATION is
Datedy U ^ �' l , 19 9
By
(Authorized Signature)
7,1
EJCDC No. 1910-3-E (1990 Edition)
,7�°' PTppa ed by the Ci+etktta Joint Contract Documents Committee and endorsed by The Associ, ted General Contrnctors of Americn.
•
Board of County Commissione.
Okeechobee County
June 8, 1994
Mr. John Drago
City Administrator
55 SE 3rd Avenue
Okeechobee, Florida 34974
Dear John,
The County staff has completed a review of tb
and County transportation expenditures which
addition used to ascertain the percentage sp.
from the Local Option Gas Taxes. I will p]
agreements, as prepared and submitted by your o
of June 23, 1994 and recommend approval to t
Commissioners.
......... ,I,,
v.-SEAL ^''=
I91
304 N.W. 2nd Street, Room 106
OKEECHOBEE, FLORIDA 34972
(813) 763-6441
Fax # 763-9529
1993 audited City
ire the most recent
.it of the proceeds
ace the interlocal
Efice, on the agenda
.he Board of County
Please provide the signed copies from the Cit Council meeting of
June 21, 1994 for the Board of County Commiss -oners ratification.
My office will return 2 (two) Board signed copies to the City
after execution.
Your,,'bsistance in this matter is appreciated.
SiA/ejely,
CPtri-TE—opher W. Chinault
County Administrator
Susan B. Hughes Tommy Close Clif Betts, Jr. Stephen Porter Charles W.' Harvey Christopher W. Chinault
District I District 2 District 3 District 4 District 5 County Administrator
•
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT dated this _ day of June 1994, ("Agreement")
between Okeechobee County, Florida, political subdivision of the State of Florida ("County")
and the Citv of Okeechobee, Florida, a municipal corporation of the State of Florida and
located in the County ("City')
WHEREAS, Section 336.025, Florida Statutes, as amended and supplemented authorizes
the levy by the County of up to six cents of taxes upon every gallon of motor fuel
and special fuel sold in the County and taxed under the provisions of Chapter
206, Florida Statutes, as amended and supplemented (the "Local Option Gas
Tax"); and
WHEREAS, The County has levied all six cents of the Local Option Gas Tax by the
enactment of two ordinances as follows:
Okeechobee County, Florida, Ordinance No. 83-4, enacted July 28, 1993, as amended
levying four cents of the Local Option Gas Tax (the "4-cen Local Option Gas Tax")
Okeechobee County, Florida, Ordinance No. 85-3, enacted J ly 25, 1985, as amended,
levying two cents of Local Option Gas Tax (the "2-cent Loc 1 Option Gas Tax"); and
WHEREAS, Section 336.025(3)(a)(1) authorizes the establishme t of an Interlocal
Agreement between the County and the City to div de the proceeds of the
Local Option Gas Tax between the County and thel City; and
WHEREAS, Section 336.021, Florida Statutes, as amended and supplemented
authorizes
the levy by the County of one cent of taxes upon every
gallon of motor fuel
and special fuel sold in the County and taxed under the
provisions of Chapter
206, Florida Statutes, as amended and supplemented
(Ninth -Cent Gas Tax);
and
WHEREAS, The County has levied one cent of the Ninth -Cent G
as Tax by the enactment
of the following ordinance:
Okeechobee County, Florida, Ordinance No. 93-8, enactment June 24, 1993, levying
one cent of the Ninth -Cent Gas Tax; and
WHEREAS, Section 3 of Ordinance 93-8 authorizes the establis meet of an Interlocal
Agreement between the County and the City to divide the proceeds of the
Ninth -Cent Gas Tax between the County and theCity; and
WHEREAS, The County and City have agreed to such distribution of the Local Option
Gas Tares as well as the Ninth -Cent Gas Tar.
NOW THEREFORE, the County and the City have agreed to the following distributions.
T029-10669
1. The proceeds of the 4-cent Local Option Gas Tax shall be as follows:
Recipient
Share of Proceeds
City of Okeechobee
23.88%
County of Okeechobee
76.12%
2. The proceeds of the 2-cent Local Option
Gas Tax sh
ill be as follows:
Recipient
Share of Proceeds
City of Okeechobee
23.88%
County of Okeechobee
76.12%
3. The proceeds of the one cent Ninth
-Cent Gas Tax shall
be as follows:
Recipient
Share of Proceeds
City of Okeechobee
23.88%
County of Okeechobee
76.12%
4. This Agreement is effective October 1, 1994 and shall expire on September 30,
1995 unless amended as provided herein.
5. The Agreement may be amended at any time by written instrument executed
and delivered by both the County and the City.
6. This agreement may be executed in any number of counter parts, each of which
shall constitute an original, altogether one and the same instrument.
IN WITNESS WHEREOF, the County and the City have caused this Agreement to
be executed.
ATTEST: OKEECHO EE COUNTY, FLORIDA
Clerk of Circuit Court
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
BY: Charles; W. Harvey
County Commission Chairman
CITY OF OKEECHOBEE, FLORIDA
BY: James E. Kirk, Mayor
7029-10669
•
CITY OF OKEECHOBEE
TO: Jim Threewits
THRU: John Drago
FROM: Wayne Jones 14-
,�
MEMORANDUM
D&
A
After reviewing the bids submitted by rive contractors, I re
Court and 11th. Ave. Sanitary Line to the low bidder, G.E.
amount of $33,635.00.
I am very familiar with G.E. French Construction
Groover of Bneppeir & Willard, Inc.. We feel no I
xc: Susan Groover
May 27, 1994
;T: S.W. 3th. Ct. & 11th.
Sanitary Line Extension
Project No: PU-05-00-04-94
d award of the S.W. 8th.
Construction, Inc. in the
workmanship as is Susan
check is necessary.
•
CITY OF OKEECHO
MEMORANDUM
TO: John Drago
THRU:
FROM: Wayne Jones/4 %%
Listed below is a re -cap of bids opened May 26, 1994, on
G.E French Construction Co. $33,635.00
Blazer Construction Industries, Inc. $38,567.75
Strickler Bros., Inc. $45,345.00
Sullivan Bros., Inc. $50,985.00
Cen-State Contractors, Inc. $52,335.00
As stated in my memo to Jim Threewits, I recommend the
Inc., lowest and best bid received.
TE: May 31, 1994
)UBJECT: S.W. 8th. Ct.
k S.W. 11th. Ave. Sanitary
Sewer Extension
above referenced project:
be awarded to G.E. French,
JUN 16 ' 94 11::ZG F —E I MPCON ASSOC.
R,M,A--.-,
Reese, Macon and associates, Inc.
June 1�1.1994
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, FL 34974
ATTN: Mr. John J. Dragv
RE: SCADA System
Dear Mr. Drago:
As discussed, we have been in contact with the Florida Department of
Environmental Protection (DEP) regarding the required ope for time at the surface r
water plant. After some negotiation, DEP agreed to reduce die required operator,
attention pending the installation of certain instrumentation, monitoring and control
equipment at the plant. A copy of their letter is attached. In essence, the required
equipment will provide for automated control of the high sermce pumps and the
transmission of alarm functions from the plant to a 24-hour manned facility (Police
.Department).
This also includes the re -transmission of all lift stationA groundwater plant and
future wastewater treatment plant alarms from the water trea ent plant to the Police.
Department All transmission work will be through the new S ADA system.
We have developed a scope for this and secured a price proposal from the '.
SCADA system contractor. Their proposal is attached and the proposed cost is $68,900;
If you wish, this can be included in the current project as a change order,
We have reviewed the cost and find it to be reasonable for the work proposed.
Please advise how you would like to proceed.
Very ly yours,
' J&U- -
D. Reese, P.E.
wdr-163\94-109SCADA
9121 N. Military Trail - Suite 207 • Palm Beach Gard s, Florida 33410
Ph. (407) 625-6660 FAX (407) 625-66 4
7UN 16 "34
11: =1 REESE, �IPCON P33 iC.
;'Macon, (anti Associates, Inc.
Wpartment of Environmental Protection
.O. Box 15425
Vest Palm Beach, Florida 33416
i
ATTIC: Ms. Pamela W. Smith
i
E: Okeechobee - Surface Water Plant
Dear Ms. Smith:
This will confirm our meeting this date on the referenced
this facility stipulated that it was rated for 16 hours/day, 7 days F
attention with a Class B lead operator. However, due to the ma
tequirement for 24 hour operator attendance was mandated.
As discussed, we understand that the provision of the foil
sufficient to allow the Department to delete the 24 hour require
staffing dictated by rule and as set forth above (16 hours/day).
L An automatic transfer switch providing for automa
of power failure. This will include an alarm activa
2. A pressure transmitter and pump control loop to a
distribution ser%A. P prxvwrP Th1Q unll inph^rlw ann
pressure.
.3. Loss of chlorination alarm. Note, this wds axludc'
exists.
It is also our intent to telemeter all alarms to a central,
the police or fire department). We will appreciate your confirz
that we may proceed with implementation as soon as possible.
If you have any questions or wish to discuss this further,
Very
William
cc: J. Drago
�dr-94-101/94-109
9121 N. Military Trail • Suite 207 • Palm Beach
Ph. (407) 625-6660 FAX (407)
subject The latest pehnit.for
:r week, Class C operator
;ual nature of the plant, a l
wing instrumentation wig: be l;
ieni and return the plAni;to' tl ee
ile instrumentation iteins!are:
C�
' P
z generator start-up is the :Cvent
ion when power trans$er�ocdum. :
t
tivate high service pumps on
.a=.for.system lmv-of high:.....;.. .
i
l
ill the lilac }uvjc;;L mull 411vady
i
-hour manned locatio8 (prob4ly
tory response to this proposal so
cull.
�. Reese, P.E.
Florida 33410
JUN 17 1134 E=_cl tliPCCH PSIKC.
Florida Department A
Environmental Prot
Lawton Chiles
Governor
Southeast District
P.O. Box 15425
NVest Palm Beach. Florida 33416
,Ttion i
MAY:
'Virginia 04 Wetherell i,
Secretary
MAY 3 1994
wialiam,p. -Reese, P.E. PW-Okeechobee County; .-
Ikeiise, Atcon`& Associates, Inc. City, of, Okeechobeel.-, J
9121 North Military Trail, Suite 207 Surface WTP
Palm Beach Gardens, FL 33410
Re: Okeechobee - Surface Water Plant
Dear Mr. Reese:
.This is to confirm agreement with your April 7, 1994, letter
summarizing our meeting of the same date.
It should be':noted that the reduced operator coverage shall not 0`0-cur:
, iikt: !..
�intil.you have certified, in writing, that the telemeter alarm sy. em
.15 installed and operable. Additionally, you must �- pr.o*ide
confirmation that the alarms to the centrally -manned station;
directly or indirectly linked to the raw water Dumps.
If you have any questions, please feel free to all.
Sincerely,
.Pamela W. Smith
(*Environmental Administrator
PWS:t
Printeri on e,r%Ard payer.
i
_TUN 15 94 11 FEE_,E, MACOPI AS'_UC. P. 05
kk
SCOPE OF WORK
I
The following items are the Scope of Work required for the electrical and
instrumentation additions to the City of Okeechobee Surface: Water Treatment Plant;
(SWTP) for the automation and remote monitoring and con trol of the. plant through the
existingr telemetry system. This work will include additions and modifications to the
telemetry system.
'
i. General conditions that apply to all the additional equipment
installations at the ;
SW'IP.
i
A. The additional telemetry system RTU at the SN
nT will be installed!onl the '
outside, north or east wall of the existing gene
torlMCC Building which; �
a concrete block building with an overhang on-'
'sides and;.a flat rojoL
The RTU/PLC panel enclosure will be 316 S.S"
NEMA 3R/12 with ,a tiuee
(3) point, single handle, 90° turn door latching system,
and stand' off:P1b` ,
S.S. sun shields on the door, top and sides of the
panel. The panel w'ili' be
mounted on the wall with 316 S.S. Unistrut type:
channel to create ai, 1.pv
air gap behind the panel for additional cooling.
All;wall penetrations for
conduits into the building will be made with oversized
Mogul series,;;rigid
galvanized Lb's or 316 S.S. INbNIA 4A junction
boxes for additional vilit:.
pulling and bending radius area, to prevent damage
to any shielded cables:
B. All underground conduits will be installed in hand
dug Arenches •to Overt:,
around existing pipelines and electrical conduits
and cables that mays, exist'.:
Because of the age of the plant, drawings are not
available detail' ing-the
underground equipment.
C. AlI underground conduits will have a warning ribbon
run the entire length
of the conduit a minimum of 6" above the top o
the conduit or concrete
duct covering the conduit. The warning tape wi
I be yellow, 6" wide;;.w;th
black letters marked, "Caution - Caution - Caution
- Electric Line Buried:
Below", Panduit No. HTU6Y-E for a 1.000' roll.
There will -be three (3).
acceptable methods of underground conduit &tch
with the warning tape.
above the conduit or concrete:
1. Schedule 40, rigid PVC conduit encased i red
concrete. The red concrete coloring may be
applied to the top of the wet concrete, an
mixed in for a minimum of 1" penetration, after
the encasement is poured.
2. Rigid galvanized conduit with the exterior
surface painted with two (2) coats (6 mils
of Koppers 300M hitumactir. roatina. nr
1
each)
f
i
t i
JIJF-I 1L; ' 94 11: _ _ ESE. MPCON ASSOC.
tO
P. 06
1
Engineer approved equal, the entire
until it exits the ground.
3. 40 Mil minimum, PVC coated, rigid I
conduit and fittings the entire length,
exits the ground.
The underground conduit system selected will be
conductor concrete, 30" minimum below grade.
D. All exposed conduit, 90° elbows and the last
the ground or concrete slabs from undergroi
steel.
d with the top of the
r
Lion of conduit penetra '
will be rigid galvani6ed
E_ All exterior conduits .will be supported on 316 S.S. Unistrut type chainnsl,
minimum of 1-1/2" deep and 1-1/2" wide, 316 .S. 1-1/2" x 1-1/2" a 1$"
angle steel or cast alloy conduit clamp backs t hold the conduits away.
from slabs and/or was to allow clearance for ttings and couplings.!. All
mounting hardware will be 316 S.S., including anchors.
F. All digital I/O external to the generator/MCC Building will be 120 *AC yr
a minimum of 24 VDC. All interposing relays or input dropping resistors:
required to interface these voltages with lower voltage I/O modules `vM be
furnished and installed with the telemetry system equipment
G. All telemetry system outputs will drive DPDT
indicating lamps across the coil and contacts r
10 amps at 28 VDC and 1/3 HP at 120 VAC.
indicators and manual operators are not accep
equal to the series of Square D Class 8501, Ty
a 120 VAC, Coil, DPDT, octal base relays anc
socket There is an existing timer and relay p.
generator/MCC Building that may be used for
(14) additional interposing relays in, to save sc
the telemetry system RTU.
II. External 1/0 Requirements
A. Discharge pressure of main header.
1. Furnish and install an indicating pressur
transmitter at the discharge Venturi floe
vault in the 24" diameter main header.
vault is approximately 45' from the soul]
corner of the generator/MCC Building.
vAII be approximatoly 45' of undergroun
conduit and 30' of above grade conduit 1
aterposing relays with
ted for 5 amps at 246 VAC,
kelays=with mechanical
able. The relays will.be
fe KP12P14-V20, which is
an. Omron No. PF083A .
iel' RP200 in the
nounting up to fourteen
ae-space requirements in
meter
'he
come
2
i
JUN 16 ' ?4 11 .7. REESE, PIPCC I ASSOC.
up and over to the RTU panel. The conduit
will be 3/4" RGS with two (2) Belden No
8760 i
cables (1 spare).
'
2. Furnish all labor and material required to
t
make
a 1/2" NPT minimum tap in the 24" diameter
header in the meter vault and provide the
1/2"
316 S.S. isolation ball valve, 1/2" 316 S.S.
tubing
and 316 S.S. tubing fittings, equal to Sw
elok,.
required to run from the tap to the tran
itter,
which will be above grade, adjacent to th
vault.
y
I 1
3. The transmitter will be equal to a Rosemount
Model 1151GP-7-E-22-MI-B1, calibrated
to a
0-125PSIG range, with a 4-20MADC output,
316 S.S. process flange, adapter, drain/vent
valves and wetted parts, 0 - 100/b linear
output
meter and 2" mounting bracket. It will b
mounted on a 2" SCH40, rigid aluminum
pipe
stand with the pipe ends welded close or
a
support fabricated from 316 S.S. Unistru
type
channel or 1-1/2" x 1-1/2" x 1/4" 316 S.S.
angle.
All mounting hardware will be 316 S.S.
24
VDC loop power supply will be furnish
with
the transmitter or in the RTU. This p
re
signal may go straight to the analog inpu
module, without going through a loop or
signal
isolator as that is the only element in the
loop.
4. This pressure signal will operate a
,
LAG1, LAG2 pressure control system in
the
PLC for operation of the three (3) high
mrvice
pumps. The operator at the SWTP OW
/OIT
will enter the pressure control points for
'LEAD OFF' and 'LEAD ON', 'LAG1 C
FF'
AND 'LAG 1 ON' AND 'LAG2 OFF A21D
'LAG2 ON'. An example would be 50 P
31G
for 'LEAD ON', 75 PSIG for 'LEAD OFF,
45
PSIG for 'LAG1 ON'. 70 PSIG FOR 'LA.G1
UVV, ana +v rJ1u for -1.Auz Vrl', oo r
to
for 'LAG 2 OFF. A manual three (3)
'tion
selector switch will be furnished and i
filed in
the starter door for each of the three(3)
igh
service pumps, HSP1, HSP2 and HSP3, f
r
manual operator selection of which pumps
will
3
JUN 16 ' 94 11: 34 &E, MACON ASSOC.
P . 08
be in the LEAD, LAGI OR LAG2 posi ions.
Only HSP1 will be active and installed n w, as
HSP2 and HSP3 are future pumps. Eacli of
these ziwiLulioa will provide three (3) lnp Yu to
the RTU/PLC or a total of nine (9) for
operation of the three (3) high service pumps.
Th000 inputo and the proccure rot_pointc a►iil
control the throe (:$) outputs to the high service
pimp mnmr %tarter interposing relays. iWv
one or all three of the pumps could be
controlled at each of the pressure set po nts.
The pressure signal will also operate a It ig.h and
Iow pressure alarm, which will be indical ed on
the SWTP OWS/OIT, logged on the SWIT
alarm a immary wnrlrchp.pt nr printer Inv anti
will activate two (2) outputs at the police
;P&"4iaau �+uuuuv;.al.i,6ar, .su1 iu�liw►iaub alac
message display.
B. Sedimentation Basin Level
1. There is an existing Milltronics Ultrason
c level
an trsmitter, Model Multi -ranger Plus,
ged
LIT110 in an exibLing NEMA 4X fibergi'
' - bux
mounted at the sedimentation basin, tha
has
an unused 4-20MADC output for the in
ut to
the RTV/PLC. The transmitter enelosu
a is
approodmateiy 50' from the northwest co
er of
the Generator/MCC Building. There
be
apprwdmateiy 50' of underground condu
t and
20' of al)vvc grade cvxiduit to come up, <mcr
and into the RTU/PLC enclosure on the
outside of the building and up into the
cncl.+aur- nt thn. a-dimentrtu+n hosin with
LIT110 inside. The conduit will be 3/4"
RGS
with two (2) Belden No. 8760 cables (1 spare).
The level signal is self powered by LIT1
0,
therefore a loop power supply is not re q
fired
and the signal may go straight to the analog
input module, without going through a loop
or
signal isolator as that is the only element
in the
loop.
2. The level signal will operate a high and I
level alarm, which will he indicated on tk
SWTP OWS/01T, logged on the SWTP a
4
f
JI N 16 ' 94 11 =5 Sc, MIP--CH ASSOC. lipF. 05
i
tivaumary wvikbIAVVL va IJILUtoa 1.,S audl ill PI.
activate two (2) outputs at the police slu Lion
annunciating and indicating alarm message
display. ;
C. Finished Water Clear Well Level
I. Tlicre is au existing Milltronics Ultraso 'c level
transmitter, Model Hydroranger I, tagged
LITZIV In an exisung r-4z 1t 4x nocrgium oux
mounted on top of the north finished w teT
storage tank at the northeast corn
er. e
output of LIT210 now goes to the S office,:
to power a digital indicator LI210. A sij nal
isolator must be furnished and installed inside
the LM10 enclosure, the existing output will
be in series with the isolator and the iso ator
output will go to the input of the RTU LC at
the Generator/MCC Building. The isol for will
be equal to a Wilkerson Model MM43 /4-
20/4-20/120 VAC, with a 4-20 MADC in ut and
output, a 120VAC 60HZ power supply and an
Omron No. PF083A socket. There is room in
the existing LIT 210 panel for the isolat' r and
120VAC power is available, that now rates
LIT 210.
2. The transmitter panel is mounted on an existing
316 S.S. support frame on top of the cle resell
and will require approximately 90' of
underground conduit and 130' of above Yrade
conduit to get over and up to the LIT 210
panel from the RTU/PLC enclosure, ne
conduit will be 3/4" RGS with two (2) iden
No. 8760 cables (1 spare). The exposed:
conduit will be up the side of the concrete
clearwell and over the top of the clearwell
mounted or supported on aid s.s. Tinistrut
type channel mounted directly to the concrete
top of the clearwell.
3. The level signal will operate a high and ow
level alarm, which will be the same format as
the sedimentation basin Ievel alarms in i em II
B.2 above.
5
1
< E
JI !P'! 1h. ' ?4 11: 7, 5 FEESE, MACOH ASSOC.
1
V. Finer Clear Well Level
1. Furnish and install two (2) NEMA 4 ez
Jhxcd deadband pressure switches with a
adjustable range of .7 PSIG (19.411H20)
PSIG (249.48"HZO), an over -range pres
100 PSIG, a fixed deadband of .3 PSIG
(8.32"HZ0), and a 303 S.S. and Viton
transducer unit, on the side of the filter
filter clear well bubble tube Ievel sensir,
system. The switches will be equal to A
Tri Point, Catalog Number SB31A/TD3
2. All tubing fittings required to Tee the t,
pressure switches into the existing signs
from the bubble tube will be 1/4" 316 S.
to Swagelok No. SS-400-3 for the 1/4" a,
tee's and No. SS-400-1-4 for the 1/4" ne
straight to 1/4" tubing. All tubing will b
OD black polyethylene only or 316 S.S.
3. The wiring to these switches will requirt
approximately 90' of underground condt
230' of above grade conduit to get over,
then back down to these switches, LSLI
and LSH103/4, from the RTU/PLC encl
The conduit will follow the same route
conduit detailed in IC 2 above to LI721
then will continue down a walkway and
down from the walkway to the switches
LSL103/4 and LSH103/4. This conduit
contain wires for the loss of chlorine or
chlorine vacuum alarm, that is located o
same rack with LIT210, which this condi
by on the way to the Filter Clearwell. 'I
conduit will be 3/4" RGS with ten (10) P
THHN/THWN, four (4) going to the los
chlorine or low chlorine vacuum alarm r
and six (6) going to the filter clearwell k
and LSH103/4.
4. Level switches LSL103/4 and ISH103/4 i
operate a high and low level alarm, whit
be the same format as the sedimentation
level alarms in item II B.2 above.
9
of
at the
o (2)
line
equal
tube
male
1/4"
and
r and
the
and
also
the
t goes
e
�. 14
of
switches LSL103/4
I wilI
basha
0
P 1p1 1S ' 94 11 'S PEESE MRCCN
E. Low Chlorine Vacuum or Loss of Chlorine
1. Furnish and install a 120VAC, DPDT relay,
equal to a Square D, CIass 8501, Type
KP12P14-V20, with an Omron No. PF0
3A
socket, in the existing low chlorine vacuum
alarm panel that is located on the same
rack
with LIT210 on top of the north finislit
d water
clear well. This relay will be tied into
n
existing low vacuum switch and timer c
ircuit for:
the chlorine and provide an isolated co
itact to
drive an input in the RTU/PLC system.
An
option is to install this relay in the R
/PLC
system panel and run the 120VAC alarm
voltage wires back the relay i the RTU
LC
panel.
2. The four (4) wires (2 spares) to this low
chlorine vacuum alarm system, PAL21
, will be
from a tee in the conduit detailed in itein
H
D.3 above, to the filter clearwell level alarm
switches LSL103/4 and LSH103/4.
3. Low chlorine vacuum alarm switch,
operate an alarm which will be the
as the sedimentation basin level ah
II B.2 above.
F. Motor, Starters, Status and Operation
I.
will
format
in item
Motor Run Inputs
i
a. All motor run inputs for existing and future motors win be
from isolated motor starter auxiliary. contacts wired to.
terminals No. 7 and No. 8 in the individual MCC starter.:
units. These inputs to the RTU LC will be for run or stop
indication on the OWS/OIT screens at the SWTP. Alarms .
will not be activated by these inputs-. The following motors
will have inputs to the RTU/PL system and are in MCC200
in the Generator/MCC Building.
L No. 1 Raw Water Pump 14201
2. No. 2 Raw Water Pump 14202
3. No. 3 Raw Water Pump 14203 - Future Starter.
4. No. 1 High Service Pump M204
5. No. 2 High Service Pump M205 - Future Starter
6. No. 3 High Service Pump M206 - Future Startei
7
.TUN 16 ' 94 11: 77 PEESE ,
•
7. No. I Intermediate
8. No. 2 Intermediate
b. All motor start outputs will dri
for existing and future motors,
wired to terminals 1B and 3 in
units, for operation in the "Au'
switches in the door of each M
er- Pump M101
er Pump M102
relays detailed in I.61 above
ch with an isolated contact
e individual MCC staaut
position of the selector, .
starter door unit.
The same motors as detailed in item H Ra.l. thru 8. v ll
have outputs from the RTU/PLC' relays- and; are all .in '
MCC200 in the Generator/MCC Building.
i
C. Approximately 40' of exposed 1- ' " RGS conduit.witi,50- ;'
No. 14 XHHW or THHNfIHW. 4 will be run from the.
RTU/PLC panel to MCC200 ins de the Generator/MCC'
Building, which includes a minimum of 18 spares. Fonr (4)
wires will be run to each starter unit
G. Emergency Generator and ATS
1. The following inputs from the emergency
generator and ATS system will be from isolated
contacts in the existing auxiliary power
generator load shedding and phase monitor
panel RP200 located on the east wall, orth
corner of the generator/MCC room.
a. Phase monitor and normal power. indication only,
b. Phase monitor and generator power. Alarm & Indication.
C. ATS in the emergency power position. Alarm & Indication.
2. Approximately 40'of exposed 3/4" RGS conduit with 8-No. 14
X'HHW or THHW%I'HWN will be run from the RTU/PLC panel W
RP200 inside the Generator/MCC Building which includes 4 spares.
H. 120 VAC power to the RTU/PLC panel will a from LP 200, located
inside the Generator/MCC Building, adjacent to MCC200' LP200 has
spare 15 and 20 amperes breakers and the cat Ie or wires for power: to the
RTU/PLC could be included in the MCC con it detailed in item lI F.l.c.
above or the RP200 conduit detailed item II .2 above.
III Motor Operated Louvers on the Generator/MCC Bu
A. Four (4), 120VAC, 70 watts/ea. running, 25 w
operators for the louvers on the north wall of
0
ea. holding, motor
Generator/MCC Building
I
�
i
7r6 EHE 1
will be furnished by the City of Okeechobee
connected by the electrical contractor for the
B. Power for the motors will be from a spare bre
operating the motors will be from RP200 and 11
will be through an additional 120VAC, DPDT a
120VAC, equal to a Square D, Class 8501,
Omron No. PF083A socket, that will be furnisli
R. 1._
i
installed, and electrically
TP Automation Prvled ?.
I' i
:r in LP200; the logic, for
switching of the motors
lay rated for 1/3 HP at
6.12: D14-V20, wiih an
i and installed 'in RP200..
C. Approximately 50' of exposed 3/4" RGS condu
b
t with 3 No. 14 XI*IWor
THHN/THWN will be required to run from
to RP200, and to
four (4) motors mounted at the base of the lot
3/4" RGS 4-
vers. There is an e 'Rting
' are. No. I4 TFEMT
conduit (RP/LP200) that is a with
wixc3 that could be utilized for this circuit if
cy 12uvc not already boon
used for another project
iV. Start-up and Check-out
A. All services required for calibration, check-out:and
start-up of the system
to the satisfaction of the City of Okeechobee
nd'the.Engineers will be'
provided. These services will include as -built
marked up drawings of the
plans issued for construction by the engineers
ad by the Contractor:
V. Police Department RTU
i
A. An RTU panel will be furnished and installed
at the City.of Okeec)obee'`
Police Department that will monitor all RTU'
' in the- existing telemietry
system including the RTU/PLC that will be installed
at the -SWTP c airing.
the project This RTU will monitor data only
' nd will not be required; to
transmit any commands back to the other R
's.
B. The enclosure will be NEMA, 12, finish
for o enin the anal doors)
steel with. a single Handle:.
P g p
C. The antenna will be mounted on the existing mast outside the police
department, located between City Hall and th police department. The .
maximum cable distance from the RTU to the antenna mast will be100'.
The complete antenna system including all conduit cable and grounding
will be furnished with the RTU.
D. 120VAC, 60 HZ power to the RTU will be
conductor No. 14 AWG portable cord and
20R male cord cap, so the unit may be relo
F. ne. RTi T Panel wall inchide. an T .0 T) nr T..F.,D
display unit with a minimum of two (2) lines,
messages will be stored and programmed in tb
E
I
i a 25' minimum, 3
lard U-ground NEMA 5-
1 easily.
Te, annunciating message
characters per Iine The
display unit and will be
UN 16 '?4 11:38 ESE, MACON ASSOC. r.14
tied to the RTU data through a serial or BCD, -communications linki;that ;
will trigger the appropriate message. Multiple message, will scroll through
in order until acknowledged. The alarm annunciator in the display wvi#be
able to be silenced by the operator or dispatcher.
10
JIrN,16 '94 11:40 REESE
1 t+ •
I
a deotrta, Ina
6-14-4-2, REV 02
i
i
>pe>Rat tiubenitlpti:a
REESE, MACON & ASSOCZATE8, INC.
�WhO;0b.It. '94 07315
4 ,
i
Ila
proposal
Reetuaat fpr QUOU tton No.
Street Sob Name
1 9121 N. MILITARY TRAIL, SUITE 207 CITY OF 01CS8'CKOBEE
City. state,and Zip c Job Location
i PALM ZZACK GARDENS, PL 33410 OKZ3=0 , FLORIDA
A tton: Job Comiotion
MR. 91ir.L'IAlS RESSR, Per POLICB NITORZ" RTU 3
RCE 8lectxi.c, Inc,, is pleased to submit our proposal on the &O'ie"
referenced project. Basically the system will manitor certain I/a,(aft ,
specified) in the telemetrys and alarm
stem y zit on o opts... The system ;will
halo a message display, alarm aaknowleadgw pushbutton and an alarm-bUZZer '
NCR: Zlectria will furnish all labor, materials, tools and equipment
necessary to make this a complete operational system,
Thai price for this scope of work is Nineteen Thous 'nd Nine Hundred Seventy
and N0/100 Dollars (519,970.00).
Delivery is twelve (12) to fourteen (14) weeks after receipt of order..:
Thank you for this opportunity to serve you. if there are any questions,,
please call me at 294-8856.
' E
rat!
PAGE; 2
i,
V#Wer Nttv¢n: M31,2yfE
i
1 li Of 1 Pagett:
Ostia
;,as71sj94
FQR THE SUM OF:
1 SE$ CoHnNT9 Of PROP03AL
Payment to be made in follows, dollar
NET TEN (10) DAYS
..ii ••..i•.:lsr ee s+rerewtreed t� ar n apwrrtea. AU vwiA to ee tlOmple[00 �n
a yretttrsta 11ke :partner 0640 I to atanetard nraettoas. Any attwattetn or Authorize
firesa stMr1 4�=ufT0-,.,t A. iw..ntytne eww. «a. win w �«...�r Cynsw •
Mar
ores and wltl become an exsre enarge over one! ~R3tTtt D. 3Sx�O1,T
�w • Mn/wratia. An om nu coiUmye.d upon atrl i;; ataGtOenra p,
dotaya twy ad cur ssntrot. Our workers are fully covered by workmen's Nola: Th r preaosai may ba TRIRTY1 (30,)
c �mwnsat en tssurone.. withdrawn by ut if n t aeceoted within Qay
=#ttiur.>s of f rapasai •- Tltaatsova Dricet. sDeatfl-
eatlont and eandhiona an tatiffaeeory and are hereby accepted.. You Ste Signature
SUOWisad to de tho work as •o•oified. Paymvvt will be ittedo as outlined
abe�ve.
Oejle of A�Watsnee. Signatter0 _
TI IN I s; 114d 1 1 - ?q
�recun.rz:� ',WED)a 1 '4q.
Poat-it* brand tax ranemlt! �nlb /6�
3 P A 3 E 1
pages s N 0.,
Co L o.
1 Ws"t
Dot. Phone rt
tftlefe,
Nintv.iiwmilFlof 33880
MCE Inc. Fax rt Fax tt
Main HtIVE[y 81
ducis �0. 6-14-4-3, REV. 02
Pa Ko. 1 � 1 P* op$
Prapo�al submitted To
Request for Quotation
No.
pate
IStEESE, MACON a ASSOCIATES, Inc.
06/1S/94;
Street;
i 9121 N. MILITARY TRAIL, SUITE 207
Job Nan"
CITY OF 01MECROBER
- SCADA
CRY. State and xto Code
Job t mtfon
j PALM- BlAct GARDENS, BL 33410
OMMCROBI
8, FLORIDA i
Atten on,
Joe pescrlotion
bgt. wILLiAx Run, PE
SWTP A=IMPITION
I. ,
HCE Electric, Inc., is pleased to submit our proposal
,
on the ak�6ve• �
referenced project. The scope of work is defined per
the attache& J.;"R.
Ham Engineering fax transmittal sheets 1-10 and
the NCE Engineering
sketches 1-3. our proposal includes:
1. Furnish and install. RTU and antenna
2. Furnish and install interposing relays far
all 1/0
3. Furnish and install all conduit -and
wire to
interconnect field devices
4. Furnish and install one (1) pressure trarismitter
and
power supply
5. Furnish and install two (2) pressure switches
6. Furnish and install two (2) analog transducers
7. Furnish and install three (3) selector s
tches
$. Configure SWTP RT4
9. Re-confiure central
10. Supply ayl documentation
1]. Install RTV in NEHA 4x stainless steel enclosure
with
sunshields
The above scope is priced at Forty -Eight Thousand N
rte Hundred Thirty and
No/100 Dollars (948,930.00).
Delivery is twelve (12) to fourteen (14) weeks after
receipt of order!
Thank you for this opportunity to servethere
y pp y you. If
are any �uest•ioas. '
please call me at 394-8856.
c -
c
FOR THE SUM OF:
'
SES CONTENTS OF PROPOSAL
Paymentdollars
sn be maPie as toliows:
(S
'
' NET TEN (10) DAY3
j
All niAterlat• is guaranteed to be as spaGlfied. All work to be GomaNted In
s werMmanNka manner aesoro[nq to standarO praet[as. any stnrauon or Authorized
etxSignature
1erOstgttreotoenrtsa
iilta�et'lr.feinpa�e(annts3
t
`0.;
avmM
CInOvnolltVttl♦n]e4n
uit>,sOneoffttrstkwaislt, Qat»ec
Vt�es tiRts noCr
[lsiptee.w A
KNITS XZXCN
beY d cur i:anlrol. Our wo►Icerf ere fu11y covered oy worktnen�s Note: This ormosal
Come�ansat�'on irourane�.
may be THT.R' E3G)
withdrawn by us if not
ted within dam•
Ptt2srtrtr t!f'The ebove Prices, specifi-
eatlessa and SMrl errs 141.014, *In000.04. . YOU e,4 81(go tme •
autharlsed to do the week as soeoified. Psyment will be evade as outlined
• above.
Data of Aeceotam-, Signature
i
.
V I r''t
1
[
•
TO: John Drago
CITY OF OKEECHO
FROM: Wayne E. Jones )
MEMORANDUM
DATE: June
16, 1994
SUBJECT: Wolff Road Extension
The County has received bid results of the Wolff Road E
work required re -location of our existing wastewater lift statio:
Willard, requested the County include an additional bid item to
wet well. This item would give us the ability to make this a r
I requested that the bid also include items to increase the tap siz
install a 16" casing under Wolff Road at the lift station site.
The County is paying the lift station relocation cost in
cost to incorporate the improvements requested would be an add
City Council approval of this expenditure. The County Staff is
1994 agenda for County Commission approval. I need to have
to that date.
As you are aware, this
Ms. Groover, of Knepper &
icrease the size of the existing
ester lift station at a later date.
on the existing force main and
amount of $74,550.00. The
nal $17,614.00. I recommend
cing this item on the June 23,
answer for County Staff prior
•
CITY OF OKEECHOBEE
M E M O R A N D U M
TO: John J. Drago, Administrator
THRU:
THRU:
l0
DATE: 05-26-94
JECT: Agenda Request
FROM: John R. Cook, City Attorney
Lola & I request that you place on the agenda for the next
available meeting the request to establish an equity study
commission to investigate and recommend any necessary
classification amendments, or rate amendmen s, to the City
Occupational License ordinance.
The commission must be made up of local business men & women,
and is a necessary pre -requisite to change or raise licensing
in the future. The cut-off date to perform the review, and
enact any requested changes, is October 1, 1995.
•
Uli
TO: Mayor and Counci.lmembers DATE:
THRU: SUE
TBRU:
FROM: John J. Drago, City Administrator
Please bring with you the copy of the City's
Plan that was sent to you.
June 17, 1994
Peacetime
Emergency Plan
Peacetime Emergency
•
M E M O R A N D U M
TO: Mayor and Councilmembers DATE:
TRRU:
June 17
SUBJECT: Resumes ror
Financial �irector's Position
TBRU:
FROM: John J. Drago, City Administrator
The City received 34 resumes for the position of Financial Director. A
letter was sent to each applicant stating the salary and requesting each
applicant to acknowledge that they would accept the position for the
stated salary. The following is a list of the 14 applicants who replied to
the letter.
Michael Arciola
Crestview, Florida
Nicholas Atkinson
Wellington, Florida
Jerry Austin
Orlando, Florida
Graham G. Bernstein
Stanhope, New Jersey
Alejandro P. Caloza, Jr.
Melbourne, Florida
Patrick Clark
Cuyahoga Falls, Ohio
Robert M. Delorme
Beaufort, South Carolina
William F. Dineen
Juno Beach, Florida
Jeffrey A. Fadley
Okeechobee, Florida
John Franklin
Sebastian, Florida
Phyllis Pi kering McCammon
Okeechobee, Florida
Tony Moore
Okeechobee Florida
Donna Padgett
Okeechobee Florida
Thomas Waj owicz
Okeechobee Florida
I would like to receive direction on how to proceed from this point. I
would recommend that the City utilize the video interview procedure again.
One possibility is to video all candidates and short list to five then pick
three from the five. If the first five are not satisfactory, then the
others are already taped and can be reviewed. Ano her possibility is for
the Council to hold a workshop to review the 14 applicants; narrow the
field to five, interview those candidates and select the new Finance
Director at the next Council Meeting.
One of the candidates listed above I would not rec�mmend because of some
prior problems.
A to WrxC0 AGMMMT
Raaaau Pow-r Corporat3oa, a 'Texas aorperati , Whose ad�dMa
for Aotioe is litre post Oak park Sul to 1406, oa, Texas 77037
fh�yw j, and the a! of Okeechobee, ]plot$ . a ioipat
oorporatioA oxtatia LC th. lawn of the State Florida; w"Me
add"os for notice a SS 4Cathesst 3rd iv*n%*, obNr 3'loeida
34974 (Salle r ), haxaby &Send that oesta" optionagsee�eat dated
Jul* Bi, 1992 regardiaq the purchase og oostaiin son property ovum
by 86,114r, PAvinq a legal deseript on oil
All that part of IN 2/4 of Bectiou Is I
Salt of TaY1 or Creek and north v! the
R"Iroad aAd NW 4/4 of XX 1/4 of Seat 1snd
aall that part of the iN 1/4 of 1/4
1
lVnforth of forof Beaboard Railroad iS-37 41511,
.6 acres mom or less, as ouiliAod the
draping attached as sa4wibit 1 to the �7u 41,
3992 Option jigroeant.
JUIY sl, 1093 a0zeement, a appy of w+isiah
hehangea � � DZVCZsted by totem of is amended
it attacked
the folsowrtr4
tke seavui ��';' * right and ability to wct@W th
egment identstied JA the ul 11
o tier, beyond
f9
agreearnt
1. 8i1i�=` cad BUYG ' &Jrvw that pnyor sh
u9 to ts�s
11 hate wall
purel�ai payzftt for an oxt*riern o
above the
year seystent fA t the
its option to
of bbe second
rribed
Price and qn ��
omtained !.A the July 21, 1992 a4rent. The
tendered cc cat begaze July i, 1994
Coiriditions
�yat to be
shall be $s, 000.
Of tt. * QVtIinQd to purftaase shall be ria ninths b@PttllhC�t
The estaasion
21, 19i99. � a nt or to and iAciudsnV Ron
!�0! to
piration
Januasy
automatic u a six month exshall
yps�ovaiofthesame by the CLty C
be
!faller.
t. M94"t for the specific pprovisions cin
1lgzesswent regardin
this
the aAnwadsmttO4ptiort
theg the rightdtom and condLti 79ax am �t stSm oonfi= and
llo ,tss�,
1912 ont.
doliv22 N= xmmvp the parties lumto
• a4t All of the day and Year
WZMON S
MMUOp01nCI
a • O�
e tj
Bys
Title $
Drto:
CITY oa CMCW,
IVI
Date:
ftwutted and
sated below.
r
11 FUMTDA
2
•
OPTION AGRZZMZNT
THIS AGREMCNT, is executed and delivered as
day of July , 1992 (the Effective Date)
Power Corporation, whose address for notice is Five
Suits 1400, Houston, Texas 77037 (Buyer) and
OXEECHOBER, Florida, a municipal corporation exit
laws of the State or Florida, whose address for no
Southeagt 31d Arsnue, Okeschoboo, Florida 34974
WHEREAS, Seller is the owner of certain real
in Section 15, Township 37 South, Range 35 East, 0
Florida, having a legal description of:
All that part of NW 1/4 of Section. 15
East of Taylor Creek and North of the Sea
Railroad and Nw 1/4 of NE 1/4 of Sect,
and all that part of the SW 1/4 of N1
lying North of Seaboard Railroad 13-375
151.6 acres more or less as outlined i;
drawing attached hereto as Exhibit 1
PrOPerty) ; and
and WHEREAS, Seller desires to obtain a buyer f
�f the 21st
between` RaY"'• si�au
Post Oak Park,
the CITY OF
Ling under the
ace is 55
(Sel er).
y located
e County,
R 1�
1/4
35E,
the
(the
the Property;
WHEREAS, Buyer is interested in evaluating the Property for
its possible use as a site for a cogeneration facility and related
CO, distribution point (or similar industrial activity related to
the cogeneration facility);
NOW THEREFORE, in consideration of the
contained herein, the receipt and sufficiency of
acknowledged, it is agreed as follows:
1. Seller does hereby grant to Buyer an exclu
acquire the Property, consisting of approximately is:
at least 1,000 feet of frontage adjacent to the seat'
Railroad (n/k/a CSX) right of way, IM that part of
In Exhibit 1 (with a precise legal description to bo
later date) needed by the City to construct e
Groundwater Treatment plant+ Should Buyer purchase
Buyer shall provide to Seiler a non-exclusive ingr
easement over that portion of the property necessary
access to the Groundwater Treatment Plant, all am
Exhibit 1. Such easement shall be in a width necessaz
use of its adjoining property as a wellfield and w
plant, or to comply with local or State ordinance or
width shall be determined at a later date. Said eas
in a width and at a location so as not to interfor,
intended use of the Property. The option shall be f
2 years from the Effective Date.
teal promises
ich are hereby
give option to
..6 acres, with
oard Coastline
Property shown
provided at a
end operate a
the Property,
ass and egress
to give Seller
described on
'y for Seller's
Rter treatment
Statute, which
ament shall be
a with Buyer's
:r a period of
•
2. With the execution of and delivery of th,
both parties, Buyer shall pay to Seller the sum of
first year segment of this option shall expire at
one year anniversary of the Effective Date,
extended. In order for the option to be further
must tender to Boller within 15 days prior to the as
first year anniversary of the Effective Date, an ad
$20#000.00. Upon such tender, the option shall bi
extended for an additional period of one year, expiz
of the second year anniversary of the Effective L
days prior to the expiration of the second year Ann
Effective Date, Buyer may request an extension of
yet a third and final year upon tender to Seller o:
sum of $35, 000.00. The option for the third year sha
upon approval of the same by the City Council of se,
third year of the Option +expiring on midnight of
anniversary of the Effective Date. If said City Coun+
the third year option, the $23,000.00 payment shall
Buyer within fiv• business days of the disapproval,
If Buyer determines, in its sole discretion
during the first 90 days from the Sffective D
Property, or any part thereof, is not satisfactory fI
use, Buyer may cancel this Agreement by givingw'ri
Geller within five business days of the notifiction
remaining $10,000.00 shall be retained by Seller f
and thereafter all obligations of the parties here
terminated.
,s Agreement by
20400.00. The
aidnight on the
Anless further
extendedj. Buyer
piration of the
Utional sum of
� automatically
ing on midnight
ate. Within 30
:versary of the
the option for
an additional
L1 be automatic
.ler, with said
the third year
:il disapproves
be refunded to
at any time
to.. that the
r its intended
.ten notice to
by Buyer; the
r its account
nder shall be
In the event Buyer elects to purchase the Property, the
Purchase price shall be reduced by all amounts paid/
pursuant to this Agreement.by Buyer
no C+'fT
Tender shall, be accomplished by Buyer delivori q a check for
the required funds to an overnight carrier service s ch as rtderal
Express, V.P.S., D.K.L., or other recognized carrier, prepaid and
addressed to Seller at the address set forth above, with
instructions to deliver to Seiler on an overnight b sin.
3• The Purchase price for the Property, at ai
this option, or any extension period, shall be compuf
Of i5400.00 per acre, and shall be payable in cagy
Boller shall be responsible only for those closing co
with furnishing to Buyer A title insurance policy in
the purchase price, and any other fees or commiss:
from the performance of services on behalf of sailor
brokers, experts, appraissrs, or others retained by
with respect to fees and cost incurred in litigatj
agreement which are provided for below. Buyer shall
for all of its attorneys fees and costs in connect
2
Ly time during
ed at the rate
h at closing.
`ta associated
the amount of
one resulting
by attorneys,
seller except
on under this
)e responsible
ion with this
1]
Agreeaent, except with reBpBct to those incurre in litigation
under this Agreement which are provided for below, nd additionally
shall be responsible for any commission due from i to any and all
realtors, brokers, and salesmen employed by it o its behalf in
connection with the Property.
4. The option is an exclusive option in favo1
exercisable by Buyer at any time, and expiring at
Option period as not forth above. During the ppeerio,
including without limitation any extension thereo
not convey or encumber the Property or any part the:
Period of the option, including without limitatio
thereof, Buyer shall not encumber the property or al
or allow any liens to be placed thereon.
3. From the Effective Date and during the opt
any extension, Buyer and its agents shall have reasc
the Property and the right to conduct any and all
deemed necessary by Buyer to determine if the Props
for Buyer's intended use. Testing includes but is
soil boring, soil sampling, and installation of
stations and monitoring devices. During the perioc
and any extensions thereof, Buyer shall not, wit
consent of Seller, remove any significant vegetatio
the property, or leave any large excavation; the
parties being that in the event the Buyer does nc
Property, the Property is to be returned by the Buyo
in about the same condition as it was in at 0
Agreement, acts of Cod and changes in the Property
'slier are however excluded. Buyer agrees to inde
Seller harmless from any and all liability incurred
result of Buyer's testing, incltding any environme:
damage or loss caused by aW*z, its agents, employ)
and further shall indemnify and hold harmless the E
accident, injury, claim or demand which may occur (
as a result of Buyer's use or occupancy thereof. in
Buyer does not purchase the Property, any improves
the Property by buyer, or its agents, and not rem
days from the expiration of all option periods and
thereof, shall automatically become the property o
conveying the property to Buyer, Seller at clog,
convey to Buyer such easements as Buyer shall reason,
Provide Buyer with ingress and egress through and
contiguous property, so that Buyer shall have adeq
the Property once purchased, taking into considerat
uses Buyer will make of the Property. The width of sA
favor of Buyer shall be in the amount of feet note■
to make use of the Property for the purpose first ■
3
of Buyer only,
the end of the
of the option,
Boller shall
bo f . During the
any extension
r part thereof,
Lon period, and
noble access to
tasting that is
rty is suitable
sot limited to,
air monitoring
of the option
ftOUt the prior
a or trees from
intent of the
t purchase the
c to the Seller
e time of the
:onsented to by
anify and hold
by Bober as a
Ital violation,
Its or assigns)
eller from any
U the property
the event that
ants placed on
2ved within 30
any extensions
f Seller. When
nq *hall also
ib y request to
over Seller's
=ate access to
Lon the us* or
yid easement in
Nary for Buyer
at out above.
6. In the event that Buyer elects to exercie
any time during the option period, it shall nc
certified U.S. mail prior to the expiration of any
or extension thereof. Closing shall take place
after such written notice from Buyer of its intent
option. Reasonable extensions to the closing date i
15 days in the aggregate and shall be agreed upon
for reasons such as, but not limited to, clea
obtaining releases or satisfactions. At closin
convey the Property to Buyer by a general warranty
good, marketable and insurable title, free and clq
and encumbrances whatsoever and excepting utility
easements of record and applicable zoning restrict
Effective Date, if any= however, notwithstanding an3
herein to the contrary, Seller represents that tl
bean designated on the future land use map ul
Comprehensive Plan approved by the Department of Cc
for Industrial use; seller agrees to cooperate wit?
measures necessary and appropriate to conform the s
zoning designation an the Property to a category
the requirement of the Local Comprehensive Plan and
the Buyer's intended use of the Property described
7. Seller represents and warrants that it is
Property, it has good and marketable title to the
empowered and authorized to execute and deliver thi
that the Agreement is valid and binding upon Seller
in accordance with its terms and that there are
options pertaining to the Property or any part th4
e its option at
tify seller by
option period,
within 45 days
to exercise the
hall not exceed
by the parties
:ing of title,
seller shall
deed conveying
Ir of all liens
cr governmental
Lone, as of the
thing contained
o Property has
der the Local
tmunity Affairs
Buyer in those
Kisting Rolding
:onsistent with
compatible with
above.
1e Owner of the
?roperty, it is
Agreement, and
Ind enforceable
no other valid
:eof .
$. There have been no representations as to the reasonable
value of the property subject to this Agreement made by or to
either party. Each party is relying on its own j dgment of such
value after a personal inspection of the Property.
9. Each party $hall, when necessary to offs t the terms of
this Agreement, at the other's request, execute, and deliver such
instr;unent, document or conveyance proper to arry out the
Provisions of this Agreement.
10. Time is of the essence in this Agreement, and the options
herein must be exercised within the times get forth in the
Agreement, and if not exercised before the expiration of such time,
all rights to exercise it shall cease.
11. Nothing in thin Agreement shall be doomed
or intended to
Constitute a partnership or joint venture between parties.
2
13. Anyinformation provided by one party
whether labeled, marked or cone
pROpRIETAItYPI or not, or any matter derived fromyed as Ca
shall not be disclosed by the receiving party to a
during the term of this Agreement, except with
party's written consent Consent to disclose inform
herein shall not be unreasonably withheld or
foregoing obligations of confidentiality shall not
the information was in public domain through nc
receiving pays (ii) the information was alread,
receiving party; (i,il) the information was develops
by the receiving party with no knowledge of the co
of the information.
13. This Agreement is assignable by Buyer.
Sailer promptly in writing of any assignment of
Buyer.
to the other,
UPID$NTIAL AND
Uch information
ny third entity
the providing
ation described
delayed. The
apply if: (i)
fault of the
r known to the
i independently
Ldential nature
it shall notify
s Agreement by
14. In the event of any litigation concerning this Agreement,
the non -prevailing party agrees to reimburse the pz.evailing party
for all the reasonable attorneys, fees and costs incurred by the
prevailing party in connection with said litigation.
but are not limited to the fees of any expert witnesses.
include,
15. This is the entire agreement between the parties and all
prior written or oral agreements, representations or statements
shall not survive the execution of this Agreement. This Agreement
Is subject to the laws of the State of Florida, and may not be
waived, altered ar attended except upon the express w itten consent
to the parties. This Agreement shall be binding up n any and all
successors and assigns of the parties.
IN WITNESS WHEREOF, the parties hereto have executed and
delivered this Agreement as of the clay and year first above
written.
WITNESS: �
S
NASSAU POWER CORPORATION,
a subsidiary o Falcon
SeabQV4 PoVer I C9rp¢ration
Title:-14
CITY OF O
By..
s
yor of
art r^ifr7 a
man
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OPTION A RUMEN?
EXMUNT 1
ED to"40 t ♦ ox.
L CO. FLOAl
ovAR"R
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