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April 15,1992"OK COUNTY TEL :1 -813- 763 -9529 Apr 15 92 13:11 No.001 P.01 7 gee° le ?tte bacon FRDn Th b rago G 'I--y n h e e,Ghd bee TELECOPY NAME: John Drago COMPANY: City of Okeechobee FAX NUMBER: 6 -1 MESSAGE COVER SHEET PLEASE DELIVER THE FOLLOWING PAGE (S) TO: FROM TITLE: city Administrator CITY: NAME: Dave J. Rivera TITLE: County Manager FAX NUMBER: 813/763 -9529 This .is a covy of the review from Mark Lawwn of Nataor, Giblin NIckorson, for a Utility ___Authority. The Board of County Commissioners has approved Phase I and proceeding with trig "Scope of Work" on page 2 of this 1 ter TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET. DATE SENT: Please call 813/763 -6441 if you do not receive all pages. THANK YOU. 4/15/92 'OKEECHOBEE COUNTY TEL:1- 813 -763 -9529 Rpr 15 92 13:11 No.001 P.01 7 )1/ lie. ifipr F5 9, F h j. brO L 90 G ov c I COMPANY: City of Okeechobee FAX NUMBER: -1 P utho 1 ter I DATE SENT: THANK YOU. TELECOPY MESSAGE COVER SHEET PLEASE DELIVER THE FOLLOWING PAGE (S) TO: NAME: John Drago TITLE: city Administrator FROM CITY: NAME: J. Rivera TITLE:. County Manager FAX NUMBER: 813/763 -9529 �This•is acoav of the review from Mark Law *Qn of Nabors Giblin NIckerson, for a Utility he B••r• •f ount 1• •r•cee f Work" TOTAL NUMBER OF PAGES 6_ INCLUDING THIS COVER SHEET. 4/15/92_ n-r Please call 813/763 -6441 if you do not receive all pages. *OKEECHOBEE COUNTY TEL :1 -813- 763 -9529 Apr 15 92 13:11 No.001 P.01 77): go/ zva, At,, ,La-/- FPD00.' JOhn rasD K ecchab NAME: Dave J. Rivera FAX NUMBER: 813/763 9529 DATE SENT: THANK YOU. TELECOPY MESSAGE COVER SHEET PLEASE DELIVER THE FOLLOWING PAGE(S) TO: NAME:_ John Drago TITLE: city Administrator COMPANY: City of Okeechobee CITY: FAX NUMBER: 763 168k FROM TITLE:. County Manager This_is •f h r =vi w from Mark Lawson of Nahor, Giblin Nickerson, for a Utility _Authority. The Board of _ounty Commissioners has approved f Work" Ph se 1 =n• •r•cee le ter TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET. 4 •2 2 Please call 813/763 6441 if you do not receive all pages. i t• .OKEECHOBEE COUNTY 6AMIAN M, ■LLAKLtY THOMAS H. oup ry THOMAS OISLIN MASK 4, LAWOON MAUMLN M.4AATHY MApK T, MUSTIAN IROSIRT L. NAOCIts DEOPOI N. NIGKaf40N, dry, OltrO'NY T. DTtWA11T JOHN R. STOK[4 Dear Dale: TEL 7: 1 :1-813-763-9529 I1 SL.t1Pll i r L. Apr 15 92 NAe0NIS, GIOLIN NICKERSON, P.A. ATTO1NaYS AT LAW dAPNtTT SANK Oull.oINO, Mums 600 315 9ONYH 4ALHOUN sTRLCT TALLAHASM rLOhIDA 3*301 TeLePHON& (904) e24 -4070 TCLLCQPY 12041 664. 4079 February 24, 1992 VIA,FACBIMILB TRAMMIBBION 13:12 No .001 P.02 I tom POINTG, BUITe 1050 e'5Qe ROCKY POINT DPIYt TAMPA, rLORIbA 33607 (113) 261 -inee T5I.540NY (010) 261 -0158 M. Dale Milita County Manager Board of County Commissioners 304 N.W. 2nd Street, Room 106 Okeechobee, Florida 34972 Ret Feasibility Review and Identification of Governance Alternatives for a central. Water System for Portions of the Unincorporated Area of Okeechobee County This correspondence is written in response to your inquiries and request that Nabors, Giblin Nickerson, P.A. (the "Firm") provide assistance and advisee in outlining •,a series of steps to assist the County Commission in making a* determination of the feasibility of providing central water service to certain portions of the unincorporated area of Okeechobee County and Glades County, Although this correspondence will concentrate on the initial phase, it is envisioned that this endeavor may ultimately involve the provision of necessary legal and finanoial consulting services required to review, analyze, implement a governing structure and ultimately finance provision of water treatment and distribution infrastructure initially, and by possibly wastewater transmission and treatment infrastructure at a later date. For the purposes of this proposal, the conceptual scope of work is divided into the following phases: 1. Phase I feasibility review and identification of governance alternatives. 2. Phase 1I implementation phase. 3. Phase III financing phase. OKEECHOBEE COUNTY M. Dale Milita February 24, 1992 Page 2 TEL :1 313 763 9529 Apr 15 92 13.12 No.001�P.03 We would recommend that Phase 1 include corroboration between the Firm and a local government financial consulting firm such as David M. Griffith and Associates, Inc. (""DMG and have included an estimated fee including the expected services of or local government financial consultant in Phase 1. An estimated range of fees and cost is not included for Phase II due to the presently indeterminate 'scope. Included under Phase III is a proposed fee arrangement for our Firm to provide services as bond counsel. Phase Is Preliminary Determination at Feasibility and Identification of governance Alternatives. OW o ;_work: 1.. Review any existing reports, other written materials concerning the Beach association system, expected infrastructure needs, engineering options, maps of affected geographic area, and any other pertinent documentation in order to familiarize ourselves with the project. 2. Determine and identify County objectives. Individual interviews with all members of the Board of CommiBeioners and key staff. Interviews with selected community leaders. 3. Survey of other service providers Or jurisdictions. Meet with City officials in order to obtain an understanding of City service ob and capabilities. Meet with Beach Association officials in order to obtain an understanding of service objectives and capabilities. Meat with Glades County officials relative to the provision of services by a utility system operated by Okeechobee County within Glades County. Identify, and if necessary, meat and interview officials from, any service providers having Public Service Commission certificated areas in the affected portion of Okeechobee and Glades Counties. 4. Preliminary identification of the County's potential servioe area, required eervioes and infrastructure (both treatment and distribution) and master planning needs. Assess current, short and long term capabilities. Xdentify preliminary time line and a critical path for the creation of a central utility system. Analyze the use of interlooal, transition and /or acquisition agreements, Public Service Commission considerations, financing and debt capacity considerations. 5. Identify and aseeee governance alternatives (e.g. County operated central system, use of interloaal agreements with the City or the Beach Association, regional, utility authority, or other spacial district or municipal service unit options). Analyze and `OKEECHOBEE COUNTY TEL :1 813 763 -9529 Apr 15 92 13:13 No.001 P.04 f triu'.JI L 1 1 IL 1 fHLLHHH5 Lk., h L P. 4 L.0 r 2 r LIU I,• t M. Dale Milita February 24, 1992 Page 3 prioritize structure options. Consider control and responsiveness aspects vis-a -vis the County and ratepayers. Analyze and prioritize potential revenue options and sources. 6. Prepare and present a Phase I Summary Report of Findings and Recommendations to include (a) governance options, (b) revenue options, (c) Recommendations, and (d) suggested outline of a phase II or implementation phase scope of work. $etimatead_ Fee and Costa: It is proposed that the Phase I would be completed for an estimated fee payable to the Firm of $15,000, plus expenses, including travel, long distance telephone calls, copy and other direct costs incurred in providing the contemplated services. Firm expenses would not be expected to exceed 82,500 for Phase I services. It is anticipated the Firm may employ the services of DMC and possibly other consultants, relative to specialized utility, engineering or financial aspects to be examined. Upon authorization to proceed by the County Commission, it is proposed we be paid based upon the hours incurred by the Firm at the following rates: Hourly Rates of the Firm 1. Firm principals 82.80 2. Senior Firm asesociatee $125 3. Firm associates $100 4, Legal clerks 50 Services provided by DMa would be provided at $80 to $125 per hour, plus expenses, and the use of other specialized consultants would be only upon the County Manager's approval. Time incurred in travel would be billed at one -halt the above specified hourly rates, It is contemplated the Phase I Summary Report of Findings and Recommendations would be completed within forty five (45) calendar days of receiving an authorization to proceed. Dependant upon cooperation from county staff, some extraordinary assistance from the County engineer, and the responsiveness of other currant or potential service providers, particularly City, Beach Association and Glades County officials, we may be able to complete the summary report within (30) calendar days. 'OKEECHOBEE COUNTY TEL:1- 813 763 -9529 Apr 15 92 13:14 No.001 P.05 ir. r. M. Dale Milita February 24, 1992 Page 4 Financing Phase Assuming financing of infrastructure for a central utility system by the issuance of bonds, the following is a description of the Scope of Work and fee for the Firm to serve as bond counsel. Qoope .f Work: 1. Preparation of authorizing resolutions, such as supplemental resolutions, certifications, closing documents and legal opinions as is customary in providing a bond counsel services and debt financing. 2. Preparation of pleadings and prosecution of validation proceedings of authorized bonds. EatimatpaJ, a and Costs: The Firma basis for fees for bond counsel services is calculated on an amount par bond (a bond being a $1,000 increment in principal amount of the bonds) We would propose a fee of $2.00 per bond with a minimum fee of $20,000 plus actual out --of- pocket cost as described above. Time incurred in the validation proceeding will ba billed at the Firm hourly rates specified above. A11 bond counsel related foes and expanses are contingent upon the closing of the bond issue. Summary The primary thrust of the Firm's practice revolves around assisting and advising local governments. We acutely aware of and have previously dealt with the various complex and diffioult issues small local governments face when they Create a central utility system. Okeechobee County is a valued client and we are pleased to make this proposal. We would enjoy the opportunity to work with the County in this challenging endeavor. However, the creation of a central utility system will have.a significant impact on your community and for such an endeavor to be successful, local government must be an active, well informed and a willing participant. Accordingly, our objective is to first assist the County Commission in identifying and evaluating the tasks necessary to cautiously and intelligently embark upon bringing central water and sewer to the urbanized areas surrounding Lake Okeechobee, Okeechobee and an adjacent portion of Glades County. We trust this proposal is in response to your inquiry. This proposal is designed to assist the County in taking the first steps "OKEEtHOBEE COUNTY TEL :1 813 -763 -9529 Apr 15 92 13:15 No.001 P.06 M. Dale Milita February 24, 1992 Page 5 in this process. If you or any other County officials have any questions, please feel free to call me at any time. Thank you for your consideration of the Firm. We Would welcome the opportunity to assist Okeechobee County in addressing the important issues relative to the provision of central water and sewer services. MGL /abl co: Robert E. Sheets, DMG Robert L. Nabors George H. Nickerson, Jr. ve�C truly yours, Mark'G. Lawson