1993-12-16240
CITY OF OKEECHOBEE
CITY COUNCIL REGULAR MEETING
SUMMARY OF COUNCIL ACTION
Page 1 of 7
AGENDA COUNCIL ACTIONID/SCUSSION ..N....... _A.
A. Call meeting to order on December 16, 1993 at 7:00 P.M
B. Invocation; Pledge of Allegiance.
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
Clerk Bonnie S. Thomas
Deputy Clerk Lane Gamiotea
D. Motion to dispense with reading and approve the Summary
of Council Action for the regular meeting of November 16,
1993.
Mayor Kirk called the December 16, 1993 meeting to order at 7.00 p.m.
Invocation was offered by Mayor Kirk, Mayor Kirk led the Pledge.
Deputy Clerk Gamiotea called the roll.
X
Present
X
Present
X
Present
x
Present
X
Absent
X
Present
X
Present
X
Absent
x
Present
Councilmember O'Connor made a motion to dispense with reading and approve
the Summary of Council Action for the Regular Meeting of November 16, 1993;
seconded by Councilmember Entry.
KIRK
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
X
December 16 1993 - Regular Meeting - Page 2 of 7
AGENDA
COUNCIL ACTION/DISCUSSION
Y
N
A
E. Motion to approve Warrant Registers for November,
Councilmember Entry made a motion to approve Warrant Registers for November,
1993.
1993, General Fund two hundred eighteen thousand, one hundred fifty-seven dollars,
GENERAL FUND.......$ 218,157.10
ten cents ($218,157.10) and Public Utilities, one million, one thousand, nine hundred
PUBLIC UTILITIES ...$1,001,944.33
forty-four dollars, thirty-three cents ($1,001,944.33); seconded by Councilmembers
O'Connor and Walker.
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
REQUEST FOR THE ADDITION, DEFERRAL OR
Mayor Kirk asked if there were any requests for the addition, deferral or withdrawal of
WITHDRAWAL OF ITEMS ON TODAY'S AGENDA.
items on today's agenda. There were none.
Mayor Kirk stated he would like to apologize for the change of the meeting date and
day, however due to the Holiday Season this was the only night to hold a meeting
when the majority of the Council and staff could be present and he thanked everyone
for arranging their schedules.
F. NEW BUSINESS
1. Motion to approve a partial pay request to Butler
Councilmember Walker made a motion to approve a partial pay request (No. 6) to
Construction Co. in the amount of $382, 643.19 - City
Butler Construction Co. in the amount of three hundred eighty-two thousand, six
Administrator (Exhibit 1).
hundred forty-three dollars, nineteen cents ($382,643.19) (upon the recommendation
of Engineer Bill Reese for the Ground Water Treatment Plant Phase 1, RMA Project No.
92-158); seconded by Councilmember O'Connor.
Councilmember Walker asked Engineer Reese to give the Council an update.
Engineer Reese responded that the pay request states completion is 58%, and on
paper that is correct, that includes onsite materials that are stored. Actual construction
is 49% completed. And they are on schedule.
241
7 A e)
December 16 1993 - Regular Meeting - Page 3 of 7
AGENDA IF
COUNCIL ACTION/DISCUSSION �]LYJJ
N
11 A
F. NEW BUSINESS
1. Butler Construction continued:
Vote on motion is as follows:
X
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
MOTION CARRIED.
2. Motion to approve a pay request to R.P. Hamby in the
Councilmember O'Connor made a motion to approve a pay request (No. 3) to R.P.
amount of $18,081.88 - City Administrator (Exhibit 2).
Hamby in the amount of eighteen thousand, eighteen dollars, eighty-eight cents
($18,018.88) (upon the recommendation of Engineer Dan Willard for Southeast 8th
Avenue Phase ll and Southwest 15th Street Sidewalk Improvements, K&W Project
No. 7218-93); seconded by Councilmember Entry.
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Council discussed the letter from Danny Mullins, Superintendent of Okeechobee
Schools asking for a joint venture to install a sidewalk toward South Elementary
School. Councilmember Entry made a motion to approve a change order to R.P.
Hamby's contract up to $34 800.00 to install a sidewalk from Southwest 15th Street
and 5th Avenue to 7th Avenue, turn left at 7th Avenue and go to City Limits, as a
ioint venture with the School Board: seconded by Councilmember O'Connor.
The School board will install the sidewalk from the City Limits to the Bus entrance
at South Elementary, (a total of 700 feet) and will purchase the culverts, and the
City will install them.
December 16, 1993 - Regular Meeting - Page 4 of 7
E--AGENDA
COUNCIL ACTION/DISCUSSION
Y
N
A
F. NEW BUSINESS
2. R.P. Hamby pay request continued.
3. Motion to adopt Resolution 93-6 - City Administrator
(Exhibit 3).
4. Motion to approve a contract between the City and
the South Florida Water Management District in the
amount of $155,000.00 for a water lone installation -
City Administrator (Exhibit 4).
Vote on motion:
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION DENIED.
Councilmember Entry made a motion to adopt Resolution No. 93-6 (3% rate increase
for garbage collection due to landfill tipping fee increase); seconded by
Councilmember O'Connor.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Councilmember O'Connor made a motion to approve a contract between the City and
the South Florida Water Management District in the amount of one hundred fifty-five
thousand dollars ($155,000.00) for a water line installation; seconded by
Councilmember Entry.
Administrator Drago explained to the Council SFWMD is upgrading their field station on
70 East. They desire to hook up to the City's water system. The water line will come
from on Northeast 24th Avenue and will be an 8-inch line.
X
X
X
X
X
X
X
X
X
X
243
G7.tl
14 1+
1 - Pa Page ce ber 76 1993 Regular Meting
De - Re a m 9
AGENDA
COUNCIL ACTION/DISCUSSION
Y
N
A
F. NEW BUSINESS
4. SFWMD contract continued.
Vote on motion is as follows:
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
5. Motion to approve a contract between the City and
Councilmember O'Connor made a motion to approve a contract between the City and
Reese, Macon and Associates in the amount of
Reese, Macon and Associates in the amount of forty-six thousand dollars ($46,000.00)
$46,000.00 for design and permitting of the Water
for design and permitting of the Water Distribution System Infill Improvements;
Distribution System Infill Improvements - City
seconded by Councilmember Entry.
Administrator (Exhibit 5).
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
6. Motion to authorize Management Advantage
Councilmember Entry made a motion to authorize Management Advantage Corporation
Corporation to perform a Utility Audit - City
to perform a Utility Audit, seconded by Councilmember O'Connor.
Administrator (Exhibit 6).
Administrator Drago explained this is the audit where the company will look at all the
franchise agreements the City has with FPL, Cable, etc. to research if the City is
getting its "fair -share" of revenues. The contract will be on a contingency type basis,
fifty percent (50%) of any savings or new revenues which are generated as a result of
the study is their service fee.
December 16, 1993 - Regular Meeting - Page 6 of 7{
AGENDA
COUNCIL ACTION/DISCUSS/ON
Y
UN
A
F. NEW BUSINESS
6. Management Advantage Corporation contract
Vote on motion is as follows:
continued:
X
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
MOTION CARRIED.
7. Discuss Refinancing the Gas Tax Loan - City
Council and Administrator Drago discussed at length the memorandum in Exhibit
Administrator (Exhibit 7).
Seven setting out the results of proposals received to refinance the gas tax loan and a
comparison of figures of the amount of shared proceeds from the local option gas tax
with the County with the loan and without the loan.
Administrator Drago recommended the Council approve the proposal from First Union
to refinance the gas tax loan as set out in Resolution No. 93-7 also attached in Exhibit
Seven.
Councilmember O'Connor made a motion to adopt Resolution No. 93-7 (to refinance
the gas tax loan through First Union): seconded by Councilmember Walker.
Council stated they were not "pledging" any of this money tonight.
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
245
246
AGENDA
ADJOURNMENT
Mayor
NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL
ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON
WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS
MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS SED
Jame E. Kirk, MAYOR
l%.
ATTEST
i
December 16, 1993 - Regular Meeting - Page 7 of 7
COUNCIL ACTION/DISCUSSION
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:46
p.m.
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OF. OKEEL,'y
�. CIS OF OKEECHOBEE
�-
t� • . M
• = CITY COUNCIL MEETING
i
a OFFICIAL AGENDA
LORIDA
4--�
A. Call Meeting to order on December 16, 1993, at 7:00 p.m.
• B. Invocation offered by Reverend Ken McDufe; 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.
Attendance:
City Attomey Cook
City Administrator Drago
City Clerk Thomas
Deputy Clerk Gamiotea
D. Motion to dispense with reading and approve the Summary of Council Action for the Regular Meeting
of November 16, 1993
E. Motion to approve Warrant Registers for November, 1993.
General Fund $ 218,157.10
Public Utllitles $1,001,944.33
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODArS AGENDA
4j
-2-
aw4i
F, ANEW Bam
USINESS
141. Motion to rove a partial a request to Butler Construction Co. in the amount of $382,643.19
approve P pay q
City of Administration (E-1)
2. Motion to approve a pay request to R. P. Hamby in the amount of $18,018.88 -
• City Administrator (E-2)
3. Motion to adopt Resolution 93-6 - City Administrator (E-3)
4. Motion to approve a contract between the City and the South Florida Water Management
District in the amount of $155,000.00 for a water line installation -
City Administrator (E-4)
5. Motion to approve a contract between the City and Reese, Macon & Associates in the amount of
of $46,000.00 for design and permitting of the Water Distribution System Intill Improvements -
City Administrator (E-5)
6. Motion to authorize Management Advantage .Corporation to perform a Utility Audit -
Ciiy Administrator (E-6)
7. Discuss Refinancing the gas tax loan - City Administrator (E-7)
ADJOURNMENT
NOTICE /S HEREBY GIVEN THAT ►FANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS
MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
'CO R:
J
Butler Construction
210 Hardee 'Lane
RecicledBe, Florida
Company, Inc.
32955
103ECT lrnt --Phase. I
CT NOMSER l2-158 .
PERIOD C0VER.ED 10/16/93 THROUGH 11/15/93
• 00.4 X I r
MUSS MOCe3.ved. 2/18/93
310tize to wed 5/04/93
-CalmnA Mays;to Sub. Comhpletion 335
'CsleaBar Mays: -to Completion 395
Mcislinal xw .Date 4/3/94 Subst. 6/2/9 Final_
Est_ aa3x wed?°to Date (days)
31es etioat pate
D al.Contract Amount 2,765,000.00
C1baa9e -$der So. 2.
-Change-Urder No. 3
Change -Drder -To.. A
Adjustments -to Date .
• .Percentage • Complete (5)
Percentage Complete ( time )
Zaspector•
•71M. M
'BY:
DATE:
Reese, Macoa •a Associates
8Y•
DATE: 8T
Reese, Macon and Associates, Inc.
9121 North Military Trail
Suite 207 **Vol
Palm Beach Gardens FL 33410
(407) 625-6660
C407) 625-6664 (Paz)
Partial Payment 33 to No.: SIB
Submitted: 11/15 -
SlfMMl►gY OF JOB STATUS
Total 11ork Completed $ 1,258,297.88
Materials .Stored Onsite S337,UbB.98
Subtotal $--1,595, 76
Less Retainage (10%) $ 159,536.68
less precious Payments ,. S 1, 186.89
-Amount Due 3%is Period $ 382,643.19
CONTRAC'i'OR I S CER'1'IF?CATION
As authorized agent for the Contractor, S, the �hndersigaed.
.hereby certify -"hat . to the. west of my kaowlsdge and belief..
this is a true and correct- statement 'of work pe=formed and
=Uterisls delivered. 'M further certify that the -Contractor
Ims .good title for a11.Inaterials -delivered under this partial- -
3-tens, or Otaer .teas Or =3.q"T5 w�yo+••---
and that all previous partial PaYaents received under this
Contract have been applied to -discharge in roll -`a1l -`0f the
Contractor's obligations reflected in prior partial payment t
requests and that hourly wages paid to -a11 -employees on this
project for the period of this estimate are in -accordance
with the wage scale determination contained in the contract
documents.
C06� BUTLER CONSTRUCTION COMPANY, INC. - +'
Q;dtractor r=
•
•
Knepper& Willard, inc.
Civil . Environmental Engineers
December 2, 1993
Mr. John J. Drago, City Administrator
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, FL 34974-2932
Re: 1993 Sidewalk Improvements
K&W Project No. 7218-93
Dear Mr. Drago:
Enclosed are four (4) copies of Change Order No. 1 to the r
Eight Hundred Seventy -Two Dollars ($13,872.00). This chat
Sidewalk Improvements, as approved by the City Council.
•enced contract, in the amount of Thirteen Thousand,
order is for construction of the Southwest 15th Street
With the execution of this change order, the new contract ainDunt is Sixty -Four Thousand, Thirty Five Dollars and
Ten Cents ($64,035.10). Actual payment to the contractor is tc be made on the basis of field measured quantities, at
the unit prices established by the contract between R. P. Harnby and the City of Okeechobee.
We are also forwarding Application for Payment No. 31, in t amount of Eighteen -Thousand, Eighteen Dollars and
Eighty-eight Cents ($18,018.88). This represents completion f the S.E. 8th Avenue, I 0010"ewalk Improvements
and the S.W. 15th Street Sidewalk.
We are recommending that no retainage be withheld. Ho
for payment, pending determination by the City as to
constructed. Please note that the total amount of work b
Two Hundred Ninety -Seven Dollars and Five Cents ($58,
of Sixty Four Thousand, Thirty Five Dollars ($64,035.10).
Dollars and Five Cents ($5,738.05) remains from the amou
construction, should you wish to use this to construct ad(
If you have any questions, please contact us.
Very truly yours,
KNEPP & WILLARD, INC.
Daniel S. Willard, P.E.
President/Principal Engineer
cc: Edward J. Schwab, R.P. Hamby, Inc.
Chuck Elders, City of Okeechobee
7218-23.dsw
er, we are not identifying this as the final application
tether additional sidewalk improvements are to be
recommended for payment is Fifty -Eight Thousand,
05), which is less than the approved contract amount
erefore, Five Thousand, Seven Hundred Thirty -Eight
previously approved by the City Council for sidewalk
oral sidewalks.
3030 N. Rocky Point Drive West Hillsborough (813) 281-0120
Suite 570 Pinellas (813) 821-3291
Tampa, Florida 33607-5905 FAX (813) 281-1156
aalllll,atlV. a
9PLICATION FOR PAIMEN
To CITY OF OKEECHOBEE
Contract for SIDEWALK IMPROVEMENTS PHASE ?�
OWNER's Contract No. PW-01-00-02-93
For Work accomplished through the date of
CONTRACTOR'S
1
ITEM
1. SIDEWALK
2. SITE RESTORATION
3. SIDEWALK
Total
(Orig. Contract)
C.O. No. 1 SW 15TH ST.
C.O. No. 2
NO.
REE
IGINEER's Project No.
30, 1993
of Values
Unit Price Qu Ir itity Amount
$ $
19.49 1400 S.Y. 27,286.00
5,900.00 L SUM 5,900.00
21.49 i79 S.Y. 16,977.10
19.49
711.1749
50,163.10
13_872_00
64,035.10
2tNE)�+i
7218.93
Work Completed
Quantity Amount
S
1220.889 SY 23,795.12
158.39% 9,344.87
591.11 SY 12,702.95'
639 SY
$
45,842.94
12,454.11
Accompanying Documentation: GROSSAMOUNT DUE .................... $ 58.297.05
LESS % RETAINAGE ................ S -Q-
AMOL NT DUE TO DATE .................. S 58, 297.05
LESS EVIOUS PAYMENTS ............ S 40,278.17
AMOL NT DUE THIS APPLICATION .... $ 18.018.88
CONTRACTOR'S Certification:
The undersigned CONTRACTOR certifies that: (1) all
account of Work done under the Contract referred to a
of CONTRACTOR incurred in connection with Work
through FINAL inclusive; (2) title
Work or otherwise listed in or covered by this Applical
free and clear of all liens, claims, security interest ai
acceptable to OWNER indemnifying OWNER against
and (3) all Work covered by this Application for Payme
defective as that term is defined in the Contract Docw
aDated NOVEMBER 30 , 19 93
IN
Payment of the above AMOUNT DUE THIS,
InDated / ?/Z , 19 q 3
EJCDC No. 1910-8-E (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee
SC -
evious progress payments received from OWNER on
ve have been applied to discharge in full all obligations
ivered by prior Applications for Payment numbered 1
all Work, materials and equipment incorporated in said
i for Payment will pass to OWNER at time of payment
encumbrances (except such as are covered by Bond
iy such lien, claim, security interest or encumbrance);
is in accordance with the Contract Documents and not
R.P. HAMBY, INC.
CONTRACTOR
oft.r
(Authorized Sigtature)
LION is recommendgd.
pp Jr
��
Y
(Authorized Signature)
by The Associated General Contractors of America.
17
■
■
•
CITY OF
FINAL
KNOW ALL MEN BY THESE PRESENTS, that
of the payment of the sum of
oo.cyi .w I I r"+%
receipt of which is hereby acknowledged
contract, simultaneously with the exe
releases and quit -claims to the City
liens, lien rights, claims or demar
undersigned now has or might have ag
improvements on the premises commonly
Streets, Okeechobee, Florida, on accc
furnished for Citv of Okeechobee Sidewa]
said property situated as above descril
The undersigned waives all claims, disp
relating to, the Contract which have nc
to this date and are not in litigatic
contract documents.
undersigned, for and in consideration
;EVEN DOLLARS AND 00/190 Dollars
y the City of Okeechobee, Florida,.
total payment for the below -described
ion of this Release of Lien, hereby
Okeechobee, Florida, the Owner, all
of any kind whatsoever, which the
at the property, building and other
awn and described as Okeechobee City
of labor performed and/or material
morovements, or in otherwise improving
a and other matters arising out of, or
sen raised by of written demand prior
as the case may be, pursuant to the
The undersigned further convenants t a all subcontractors, suppliers and
materialmen and any or all other perso s supplying service or labor have been
paid in full for all work under this Co ract.
The undersigned agrees to maintain in fu force and effect the provisions of the
Contract respecting the guaranty against efective work for the term provided in
the Contract Documents, which term shall egin to run from the date specified in
the Contract Documents.
IN WITNESS WHEREOF, I have he
30TH day of NOVEMBER
State of FLORIDA
County of PALM BEACH
I HEREBY ACKNOWLEDGE that the sta
true and correct.
Sworn to and subscribed before me this
30TH day of NOVEMBER, 19 93
: a"•�~'• EDWAR) J. SCHWAB
PALM BEACH COUNTY
: �r . won Evros
.•,a.:w May S.14
set my hand and seal this
1993
R.P. HAMBY, INC.
BY: ---
PRESIDENT
(Title)
ained in the foregoing Release are
(Title)
•
AFFIDAVIT BY
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, RICHMOND P. HAMBY
first duly sworn, do now depose and
Corporations who have furnished services,
of SIDEWALK IMPROVEMENTS PHASE 2
Okeechobee, Okeechobee County, Florida,
work, and it has been accepted by the Own
materials or appliances in connection wit
paid.
i
Subscribed and sworn to befo;
the County of PALM BEACH
30TH th day of NOVEMBER
OFF CIAL S L
0011 ::: EDWARD J. SCHWAB
No PuMle-Florida
•': • i PALM EACH COUNTY
My ConunWon Expires
'• .;;.^'�:� May 6.1994
CONTRACTOR
,having been
ay: That all persons, firms and
abor or material for the construction
for the City of
ave fully completed their respective
and there are no bills for labor or
such construction which have,.been
R.P. HAMBY,JC.. �. .•;c�'..
Contractor's
h$eai�f' ...
4
the undersigned, a Notary Public for
State of Florida, in said County this
Notary Public
My Commission Expires: 05/08/94
k *
Superintendent
Danny Mullins
Okeechobee Count School Board
813-763-3157 100 S.W. Fifth venue Fax 813-763-9339
Okeechobee, Mori 34974
December 8, 1
Mr. Mike O'Connor
City Councilman
City of Okeechobee
55 S. E. 3rd Avenue
Okeechobee, Florida 34974
Dear Mike:
This letter will confirm our intention to
limits on S. W. 7th Avenue to the entrance to S
be contingent upon the city's installation of the
The only problem I see is with crossing the dit
In order to cross the ditch two short culverts wi
could continue across. If the city could agree
would be agreeable to purchase them and the
theirs with the existing culverts.
I think this project would be a great as
system. Students currently walking to school
side of the road. If the city extends sidewalk
property, I am quite sure the number of studer
The sidewalk extension would be approxima
either utilize the city bid for the installation or'
If you have any questions or concerns
me a call.
DM Jc
Cbeirpersoo:
Donna Enrico
Via Cbeirperson:
J.W. Owens
Members:
Robert Joiner
Steve Kos
Nancy J. Peterson
tall a connecting sidewalk from the city
h Elementary School. This project will
lewalk to the edge of the city property.
at the north boundary of our property.
feed to be installed so that the sidewalk
install these culverts, the School Board
roues that would be needed to connect
for the community as well as the school
ve to either walk in the grass or on the
hrough the area and to the edge of our
who walk to school will increase greatly.
700 feet and the School Board could
it ourselves.
this project, please feel free to give
cerely,
Dann ullins
Superintendent of Schools
"An Equal
Employer"
•
MEMO
To: Mayor and Council
From: John Drago, City
Chambers Development notified L.P.
tipping fees effective January 1,1994. l
is the current rates.
UM
I
e: December 10, 1993
ect: Increase in Landfill
Tipping Fees
there would be a 3 % increase in its
reflects that increase. Resolution 93-4
Pit..
RESOLUTION 93-6
BE IT RESOLVED BY THE CITY COUNCIL F THE CITY OF OKEECHOBEE, FLORIDA AS
FOLLOWS:
SECTION ONE: Pursuant to Section -36 of the Code of Ordinances of the
City of Okeechobee, he charges and rates for garbage and
trash collection stell be as follows:
1. Residential Rate shall a Eleven Dollars and Twenty Cents
($11.20) per month per 4ving unit for garbage pick-up.
2. Non containerized commercial service/commercial can rate per
month per business for garbage collection only. Any
additional or special waste collection request over and above
contracted service can be negotiated between the customer and
contractor.
CAN SE9V[ICE RATE
Number of Cans
1
2
3
4
5
Frequency of Service
lx
$10.45
$15.76
$20.91
$26.30
$36.45
3. Containerized Commercial ervice Rate shall be as follows:
CONTAINER :RVICE RATE
Container
Size
lx
2x i
1 yd
$ 42.84
$ 69.10
2 yd
70.95
131.96
3 yd
99.90
179.74
4 yd
121.54
212.3,0
6 yd
165.44
268.94
8 yd
196.46
318.10
SECTION TWO: The charges and r:
effect on the 1st
Adopted this 16th day of Decembi
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
t$quency of Service
3x
4x
5x
6x
N/A
N/A
N/A
N/A
186.29
$240.61
$294.95
$337.02
239.77
290.40
354.11
417.82
271:39
346.31
408.36
470.41
372.93
472.86
568.38
656.55
430.42
542.99
638.85
760.66
i
es established hereby shall take
ay of
January ,
1994.
, 1994.
James E. Kirk, Mayor
RESOLUTIO.
BE IT RESOLVED BY THE CITY COUNC
FLORIDA AS FOLLOWS:
SECTION ONE: Pursuant to Section
of the City of Okei
for garbage and t
follows:
1. Residential Rate shall be l
($11.10) per month per living
2. Non containerized commercial e
month per business for gai
additional or special waste co
contracted service can be nego
contractor.
CAN SERV
Number of Cans
1 '
2
3
4
5
6
3. Containerized Commercial Sery
Container Size
CONTAINER
Ix 2x
OF THE CITY OF OKEECHOBEE,
•36 of the Code of Ordinances
tobee, the charges and rates
sh collection shall be as
von Dollars and Ten Cents
it for garbage pick-up.
vice/commercial can rate per
;e collection only. Any
fiction request over and above
.ted between the customer and
Freauencv of Service
lx
$10.39
$15.65
$20.74
$26.07
$36.17
$63.07
Rate shall be as follows:
RATE
i
!v of service
4x 5x 6x
1
yd
$ 42.63
$ 82.13
A
N/A
N/A
N/A
2
yd
70.53
131.13
18
.04
238.95
292.86
334.51
3
yd
99.27
178.49
23
.90
287.90
350.98
414.07
4
yd
120.71
210.63
26
.89
342.98
404.19
465.41
6
yd
164.19
266.44
36
.10
467.86
562.13
649.04
8
yd
194.79
314.77
425.42
536.32
630.52
750.65
SECTION
TWO:
The charges
and rates
established hereby shall
take
effect on
the lot
day
of October ,
1993.
Adopted
this
20th day
of Julv
1993.
i.
c, ATTEST:
�+ l
BONNIE..TRdb_fM, CMC, CITY CLERK
rfflrffl�'.t �i•m
•
C-5060 COOPERATIVE
SOUTH FLORIDA WA
IJ7
CITY OF
This COOPERATIVEAGREEMENT ("AGRE
between "the Parties", the South Florida Water
West Palm Beach, Florida 33406, a public
DISTRICT") and the City of Okeechobee, 55 S
a political subdivision of the State of Florida I
WHEREAS, the DISTRICT is an agej
Florida Legislature and given those powers and
Florida Statutes; and
WHEREAS, the DISTRICT is empo
agencies, private corporations or other persons,
and
WHEREAS, the DISTRICT wishes to
with the CITY to upgrade the DISTRICT'S ex
Field Station by means of extension of the C
WHEREAS, the DISTRICT has funds
available for the funding of this AGREEMEN
WHEREAS, the Governing Board of
has authorized entering into this AGREEMEI
for this AGREEMENT;
NOW T[ERFFORE, the DISTRICT
benefits flowing from each to the other, do h
1. The CITY shall, to the satisfaction of
work items described in the "Statement of We
of this AGREEMENT.
J"REEM ENT
THE /
NAGEMENT DISTRICT
FLORIDA
ITT"),entered into on , 1993,
,nagement District, 3301 Gun Club Road,
poration of the State of Florida, ("the
3rd Avenue, Okeechobee, Florida 34974,
�e CITY").
THAT:
of the State of Florida, created by the
)onsibilities enumerated in Chapter 373,
to enter into contracts with public
it to Section 373.083 Florida Statutes;
r into a cost reimbursement relationship
potable water service at its Okeechobee
S water main to the Station; and
its current fiscal year budget, which are
STRICT, at its October 1993 meeting,
has authorized a waiver of competition
the CITY, in consideration of the mutual
y agree as follows:
DISTRICT, fully and timely perform all
attached as Exhibit "A",and made a part
Page 1 of 7, Conrr*4 No. C-5060
2. Unless extended or earlier terminated,.
shall commence on the date of execution'
contractual obligations by the parties, but in
3. The parties agree that time is of the
obligation under this AGREEMENT.
4. As full consideration for providing the
DISTRICT shall pay the CITY on a cost reimbi
included in Exhibit "A" attached hereto. The
including all expenses, shall not exceed Oj
($155,000.00).
5. In the event the construction bid price f
in excess of the DISTRICT'S budgeted amo
terminate this AGREEMENTafter the bid and
the CITY within ten (10) days after bid openir
to continue with the project.
6. In the event the CITY is or becomes una
services outlined in Exhibit "A" attached to i
provisions to the contrary, the DISTRICT may
Paragraph 23 of the AGREEMENT.
7. All invoices submitted by the CITY
Number C-5060. The CITY shall submit invi
specified in Paragraph 4 above), following i
AGREEMENT, and supported by documei
reimbursement amount, to the DISTRICT at
South Florida Water h
Attn: Division of Procurement
P.O. Box
West Palm Beach, F
Failure by the CITY to follow these insti
of payment by the DISTRICT. The DISTRK
within thirty (30) days of receipt and acceptance,
according to the terms and conditions of this Al
thirty (30) days, the CITY may assess a one perci
balance.
8. The CITY shall not pledge the DIS
Yod of performance of this CONTRACT
continue until the completion of all
,nt later than January 1, 1995.
in the performance of each and every
;s required by this AGREEMENT, the
at basis in accordance with the budget
consideration for this AGREEMENT,
ndred Fifty Five Thousand Dollars
he DISTRICT'S portion of the project is
, the DISTRICT reserves the right to
for to award. The DISTRICT will notify
of the DISTRICT'S decision of whether
to support this AGREEMENT with the
AGREEMENT, notwithstanding other
ninate the AGREEMENT pursuant to
reference the DISTRICT'S Contract
(subject to the maximum consideration
ry of all deliverables required by this
i sufficient to justify the requested
allowing address:
District
Administration
33416-4680
Ions shall result in an unavoidable delay
hall pay the full amount of the invoice
)vided the CITYhas performed the work
EE]M ENT.If payment is not made within
(1 %) interest penalty on the outstanding
credit or make the DISTRICT a
Page 2 of 7, Contract l No. C-5060
•
guarantor of payment or surety for any contract, debt, c
form of indebtedness. The CITY further warrants and re]
or indebtedness that would impair its ability to fulfill the
9. The DISTRICT shall have audit and inspection
►n, judgment, lien, or any
that it has no obligation
of this AGREEMENT.
as follows:
A. Maintenance of Records:. The CITY shall main all financial and non -financial
records and reports directly or indirectly related to the negotiation or performance of this
AGREEMENT to include supporting documentation for a i3r research or reports. Such
records shall be maintained and made available for inspec ion for a period of five years
from completing performance and receiving final payment 40der this AGREEMENT.
B. Examination of Records:. The DISTRICT or its designated agent shall have the
right to examine in accordance with generally accepted governmental auditing standards all
records directly or indirectly related to this AGREEMENT, Such examination may be made
only within five years from the date of final payment under this AGREEMENT and upon
reasonable notice, time and place.
Records which relate to any litigation, appeals or settlements of claims arising from
performance under this AGREE11 ENT shall be made avails until a final disposition has
been made of such litigation, appeals or claims.
10. The CITY shall allow public access to all project ocuments and materials in
accordance with the provisions of Chapter 119, Florida Statues. Should the CITY assert
any exemptions to the requirements of Chapter 119 and ted Statutes, the burden of
establishing such exemption, by way of injunctive or other I'ef as provided by law, shall
be upon the CITY.
11. The Project Manager for the DISTRICT is Ms. Jenni
West Palm Beach, FL 33416-4680, Telephone Number
Manager for the CITY is also the CITY IS consultant, Mr.
Macon & Associates, Inc., 9121 N. Military Trail, Suite 207
33410, Telephone Number (407) 625-6660. The parties sh
connection with the performance of this AGREEMENT, othi
the attention of the Project Managers for attempted reso:
Managers shall be responsible for overall coordination
performance of this AGREEMENT.
12. The CITY is an independent contractor and is not
DISTRICT. Nothing in this AGRFJ04ENT shall be interpret
other than that of an independent contractor; between the
employees, agents, subcontractors, or assigns, during or
AGREEMENT.
Page 3 of 7, Contract No.
Barone, at P.O. Box 24680,
)7) 687-6173. The Project
liam D. Reese, P.E. , Reese,
alm Beach Gardens, Florida
direct all matters arising in
than invoices and notices, to
.on or action. The Project
i oversight relating to the
employee or agent of the
to establish any relationship
[STRICT and the CITY, its
r the performance of this
13. All notices to the CITY under this AG1
by certified mail to:
City of 01
55 S.E. 3r
Okeechobee,
which shall also be the CITY'S remittance
All notices to the DISTRICT under this
sent by certified mail to:
E
C-5060 shall be in writing and sent
venue
34974
unless the CITY specifies otherwise.
C-5060 shall be in writing and
South Florida Water M wagernent District
Attn: Division of Procurement a id Contract Administration
P. O. Box 24680, 330. Gun Club Road
West Palm Beach. FL 33416-4680
All correspondence to the DISTRICT
DISTRICT'S Contract Number C-5060. The
to the DISTRICT'S Project Manager. All nc
considered delivered upon receipt. Should eit
such new address shall promptly be sent to t
14. The CITY shall obtain, without ad(
licenses, authorizations and permits from
municipal or local agency, and other 1
performance of this AGREEMENT.
15. The CITY shall assure that no person
color, creed, national origin, handicap, age, or
of, or be otherwise subjected to discriminatio
The CITY shall take all measures necessary t
16. The CITY shall not assign, delegate,
as set forth in this AGREEMENT without
17. All documents, including, but not li
scientific data and computer programs in dral
CITY in connection with this AGREEMENT, t
course of business. Such use may include,
distribution and preparation of derivative wo
der this AGREEMENT shall reference the
TY shall also provide a copy of all notices
% required by this AGREEMENT shall be
party change its address, written notice of
other party.
expense to the DISTRICT, all necessary
)ropriate private party or federal, state,
ental approvals, prior to commencing
iall be excluded, on the grounds of race,
from' participation in, denied the benefits
in any activity under, this AGREEMENT.
flectuate these assurances.
therwise transfer its rights and obligations
written consent of the DISTRICT.
d to, technical reports, research notes,
id final form, which are developed by the
be utilized by the DISTRICT in its normal
t shall not be limited to, reproduction,
18. To the extent permitted by Florida law ��e CITY shall defend, indemnify, save, and
hold the DISTRICT harmless from any and claims, suits, judgments and liability for
Page 4 of 7, Conl�#t No. C-5060
0
E
death, personal injury, bodily injury or propert
the performance of this AGREEMENT by t
assigns, including legal fees, court costs, or od
hat it is solely responsible for its compliance
agents, assigns, invitees and employees with tk
19. If either party initiates legal action, inclu
the prevailing party shall be entitled to recover
fair market value of the services provided.
20. In the event a dispute arises which the
themselves, the parties shall submit their d
resolution. If the DISTRICT and the CITY can
nonbinding mediation as an initial step to solv
shall be impartial and shall be selected by thh
confidential to the extent permitted by Florida ]
be borne equally by the parties.
21. If either party fails to fulfill its obligat
proper manner, the other party shall have
giving written notice of any deficiency and by
days from receipt of notice to correct the del
the deficiency within this time, this AGREE
Ten (10) day time period.
22. Either party may terminate this AGRE
Thirty (30) calendar days prior written noti
termination, the DISTRICT shall compensate t
through the termination date. The DISTRICT
such work until such time as the DISTRICT det
The CITY will be entitled to the State Statute
23. Either party may terminate this AGREEN
DISTRICT may withhold all payments to the (
DISTRICT determines the exact amount due to
24. The CITY, its employees, subcontractors i
federal, state, and local laws and regulation;
AGREEMENT. The DISTRICT undertakes no
attempt to advise the CITY, upon request, as I
knowledge.
damage arising directly or indirectly from
CITY, its employees, subcontractors or
legal expenses. The CM acknowledges
d the compliance of its subcontractors,
terms of this AGREEMENT.
ig appeals, to enforce this AGREEMENT,
reasonable attorney's fee, based upon the
)ject Managers cannot resolve amongst
to to their appropriate superiors for
resolve the dispute, the parties may use
e dispute. The mediator or mediators
uties. The mediation process shall be
The cost of the mediation services shall
under this AGREEMENT in a timely and
fight to terminate this AGREEMENT by
ring the party in default Ten (10) calendar
cy. If the defaulting party fails to correct
T shall terminate at the expiration of the
MW at any time for convenience upon
to the other party. _ In the event of
CITY for all authorized work performed
,y withhold all payments to the CITY for
lines the exact amount due to the CITY.
crest on the payment withheld.
rfor a material failure to perform. The
for such work until such time as the
CITY.
assigns, shall comply with all applicable
relating to the performance of this
ity to ensure such compliance, but will
any such laws of which it has present
Page 5 of 7, Contract $o. C-5060
0
25. In the event any provisions of this A4k
the AGREEMENT, including all exhibits, a
incorporated by reference, shall be interpreted
I
[ENT shall conflict, or appear to conflict,
ments and all documents specifically
a whole to resolve any inconsistency.
26. The laws of the State of Florida shall govern all aspects of this AGREEMENT. In
the event it is necessary for either party to initia egal action regarding this AGREEMENT,
venue shall be in the Fifteenth Judicial Circt it for claims under state law and in the
Southern District of Florida for any claims which are justiciable in federal court.
27. Notwithstanding any provisions of this M
not be held liable if failure or delay in the perl
fires, floods, strikes, embargoes, acts of the
outbreak of war, restraint of Government, riots,
or for any other cause of the same character %
due care and beyond the control of the parr
"Statement of Work" of this AGREEMENTspecj
required during the occurrence of any of the e
28. This AGREEMENT may be amended
EMENTto the contrary, the parties shall
ance of this AGREEIV ENT arises from
flic enemy, unusually severe weather,
1 commotion, force majeure, act of God,
is unavoidable through the exercise of
This provision shall not apply if the
that performance by CITY is specifically
i herein mentioned.
with the written approval of the parties.
29. Failures or waivers to enforce any covenant, condition, or provision of this
AGREEMENT by the parties, their successors and assigns shall not operate as a discharge
of, or invalidate, such covenant, condition, or provision, or impair the enforcement rights
of the parties, their successors and assigns.
30. Should any term or provision of this A(
or unenforceable, as against any person, entity
force of any statute, law, or ruling of any forur.
shall not affect any other term or provision of
AGREEMENT shall remain operable, enforceab
permitted by law.
31. Pursuant to Section 216.347, Florida
under this AGREEMENT to lobby the Lel
agency is prohibited.
32. This AGREEMENT states the entire
supersedes any written or oral representations,
the contrary. The CITY recognizes that any
made by DISTRICT staff do not suffice to It
relationship unless they have been reduced
authorized DISTRICT representative. This
assigns, and successors in interest.
EEMENT be held, to any extent, invalid
circumstance during the term hereof, by
)f competent jurisdiction, such invalidity
is AGREEMENT, to the extent that the
and in full force and effect to the extent
the expenditure of any of the funds
the judicial branch or another state
derstanding between the parties and
tements, negotiations, or agreements to
esentations, statements or negotiations
y bind the DISTRICT in a contractual
writing, authorized, and signed by an
tEEMENT shall bind the parties, their
Page 6 of 7, Contraot No. C-5060
The parties or their duly authorlml
AGREEMENTon the date first written above.
Legal Form Approved
SFWID Office of Counsel soul
DIS
BY: AW&V--
13pT&: CAI �a� �l3
Lam
By:
Titled
Page 7 of 7,
I
E
representatives hereby execute this
FLORIDA WATER MANAGEMENT
BY ITS GOVERNING BOARD
Assistant Executive Director
)F OKEECHOBEE, FLORIDA
C 5060 EXHIB 'A" /
OKEECHOBEE LD STATION
WATERMAIN 9XTENSION
I. Agreement Backeround: The South F
desires to upgrade the existing potable water
1000 Northeast 40th Avenue, Okeechobee, Flo:
(City) water main and subsequent connectior
providing this extension and service connection
its design through amendment of an existing a
Macon & Associates, Inc. (Engineer). The C
easements and permits and include the construe
connection in the construction contract. The
the work described above and as further defir
IL Scone of Services: The City agrees
installation of the water main extension and th
Station:
Engineering Services:
a. Obtain all local, State, and
of a construction contract.
b. Obtain all easements or other
necessary for construction of the
C. Prepare the construction contra
Consultant Engineer) for the ex
and connection to the field statio
of ten (10) sets of the detailed
construction cost estimate for its
the contract bid documents. Aft
approve or reject any design chat
The City shall arrange the solic
is a separate bid line item or
District are clearly defined.
is Water Management District (District)
vice at its Okeechobee Field Station, at
, by extension of the City of Okeechobee's
i that service. The City is agreeable to
d will provide the engineering services for
ement with the consulting firm of Reese,
has further agreed to obtain all required
n of the water main extension and service
trict, in turn, shall reimburse the City for
below.
provide the following services for the
vice connection to the Okeechobee Field
permits, as required, prior to the award
with the various landowners
main.
documents (through the services of the
ision of the existing 8" water service line
The City shall provide the District a total
sign drawings and specifications with the
view and approval prior to finalization of
award,.the District shall have the right to
:s to the District's portion of the services.
so the work proposed by this agreement
`e and the payment obligations of the
Page 1 of 3 of Exhibit 41- Contract C-5060
U
d. Administer the contract, sup
certification by the Engineer
drawings and specifications.
Construction Services:
e. Bid and award a contract for
plans and specifications, as aph
Connection/Service:
f. Upon completion of com
connect the District to the
M. Pavmenl: The District agrees to pay
Engineering jervices:.
a. The lump sum amount of Ni
L$19.700.001for the engineering
may be invoiced on a monthly
deliverable schedule to be agrees
Agreement. District shall not be
the bid amount is more than the
Construction
b. The amount not to exceed O
Hundred Dollars ($135.300.00)c
final amount shall be determined
City may invoice the District on
upon the percentage of work c i
certification by the Engineer tha
with the construction contract.
attached for verification of wo
responsibilities are limited to pa
of the water main to satisfy the
and inspect the construction and rovidZ
� � P
the finished work is in accordance with the
action of the work in accordance with
by the District.
and clearance by FDEP, the City shall
Lin and provide continuous water service.
Thousand Seven Hundred Dollars
:s to complete items Ma. through II.d.
for engineering costs based upon a
by the parties before execution of this
for payment of any part of this sum if
t available for funding by the District.
Hundred Thirtv Five Thousand Three
construction services under item II.e. The
ipon opening of the construction bid. The
monthly basis for construction costs based
pleted. Final payment shall be due upon
he work has been completed in accordance
. invoices shall have proper documentation
ompleted. It is understood the District's
lent of the construction costs for extension
rvice demand of the station.
Page 2 of 3 of Exhibit A - Contract C-5060
0
•
Connection/,SMice Fees:
C. The District shall pay an initial cc
service, and a systems capacity i
monthly debt service shall be $1,
service charge shall be $9.70 aw
thousand gallons. The connectiox
purchase order(s) to be issued
arr.or.:ate backflow prevention
increase the meter size, the Distri
current 1" meter and the larger si
not required.
IV. Schedule: The City agrees to the
Authorization For Design
Design Completion & Permit Submittal
Receive Permits and Advertise for Bids
Award of Construction Contract
Notice To Proceed
Substantial Completion
Final Completion
In such case that the construction work,
above schedule, the parties shall execute a time
the District shall receive 20 % of any liquidated
for work related to this Agreement that goes b
r, action fee of $1,562.50 for the 1" connection
of $1,562.50. For the 1" meter the initial
i.25 per month, the initial minimum monthly
e volumetric use charge shall be $2.13 per
d service fees shall be paid through separate
y the District. The District will provide
vices. If at any time the District desires to
t shall pay the difference in price between the
provided that a new tap to the water main is
proposed schedule:
DUE DATE
12/30/93
02/28/94
05/15/94
06/15/94
07/01/94
11/01/94
12/15/94
ing final acceptance, proceeds beyond the
;ion amendment to this Agreement. Also,
es assessed to the construction Contractor
the contract schedule.
Page 3 of 3 of Exhibit [N - Contract C-5060
v f •
RMA
Reese, Macon and Associates, Inc.
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, FL 34974
ATIN: Mr. John J. Drago
RE: Distribution System Improvements
Dear Mr. Drago:
Enclosed, as discussed, is our engineering
distribution system improvements. These impro,
areas of low pressure caused by excessive use of
these projects should be addressed at this time a
Proceeding with design and permitting at this tin
adding this work to the existing master plan cone
Naturally, the option to bid separately also exist:
Also included in the proposal is the desi
the South Florida Water Management District
the City will be reimbursed for these cost by SF
is not executed the engineering fee in the prop4
bidding may be reduced by $14,000. The estim
$390,000 plus $130,000 for the SFWMD portioi
If you have questions or wish to discuss
wdr-366
92-115
•
December 3, 1993
,roposal to cover several additional
ments begin to address the isolated
-inch lines in the past. We believe
i continue on an annual basis.
will allow the City the option of
Lct to realize very attractive unit prices.
nd permitting to cover the pipeline to
VMD) field station. We understand
ID. If the agreement with SFWMD
which cover design, permitting and
construction costs for this work is
further, please call.
Very truly yours,
4L
William D. Reese, P.E.
9121 N. Military Trail • Suite 207 • P
Ph. (407) 625-6660
Beach Gardens, Florida 33410
(407) 625-6664
RMA
Reese, Macon and Associates, Inc.
General:
1.
2.
3.
4.
C1TY OF OKE
Engineering Work
All work covered under this afire
agreement between the City of C
and Associates, Inc. (Engineer), i
The purpose for this project is to
pressure pockets in the distributb
inch water mains. The project al.
the City to serve the South Floric
Station.
The Engineer will perform the
Prepare plans, specifications, bid(
documents for the following pipe]
A. NE 34th Avenue at FP&L
NE 40th Avenue, north to
B. SW 7th Avenue from SW
SW 9th Street from SW 7
SW 6th Avenue from SW
C. NW 4th Street from NW 21
NW 18th Avenue from NV
D. SW 3rd Avenue from SW I
E. SE 9th Avenue from SE 9t]
SE 8th Drive from SE 16th
n
U
t is pursuant to the general services
iobee (Client) and Reese, Macon
March 4, 1993.
intinue upgrading and improving low
system induced by excessive use of 2-
includes extension of new mains east of
Water Management District Field
tasks:
documents and regulatory permitting
improvements.
SR 70, east on SR 70 to
District.
i Street to SW 9th Street.
venue to SW 5th Avenue.
Street to end.
i Avenue to NW loth Avenue.
th Street to NW 6th Street.
Street to SW 21st Street.
to SE 16th Street.
to SE 14th Court.
F. NW 9th Avenue from NW �Jh Street to NW Park Street.
Prepare an estimated cost for con;
Assist the Client in bidding the pr
award. Alternately, at the Client'.,
documents to allow inclusion of tb
project.
Provide engineering services durin
!ct and make a recommendation of
iscretion, prepare change order
work in the on -going construction
and inspection services.
9121 N. Military Trail - Suite 207 - Pal Beach Gardens, Florida 33410
Ph. (407) 625-6660 F (407) 625-6664
City of Okeechobee
Engineering Authorization
Page 2
Time of Performance: The Engineer will commence
work on this project
immediately upon r c
ipt of an executed authorization. The
design will be sufficiently
complete for submittal of permit
applications within 90
days.
Fees: For Scope items 1 - 3
the Engineer shall be paid a lump sum
fee of Forty Six Tho i
nd Dollars ($46,000). The cost of
providing constructs
services will be submitted to the City
for approval a minimi
im of 30 days ahead of construction
work commencement.,
ACCEPTED BY:
City of Okeechobee
Date
wdr-366
99-101
SUBMITTED BY:
Reese, Macon and Associates, Inc.
Date
�LOR10p:���
TO:
THRU:
THRU:
FROM:
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CITY OF O
OBEE
MEMORA1NDUM.
Mayor and Council
John Drago, City Administrator
At the October 19, 1993 Coun
proposals for a Utility Audit. Twelve propose
service. The City received two proposals
Carolina, and one from Management Advani
Action Audits fee schedule is:
1. A $1,200.00 Retainer F
against monies recovere
2. 25% of all recovered uni
25% of all newly recover
25% of all newly identN
revenues identified by th
Management Advantage Corpoi
.1. No -Risk contingent fee b
2. 50% of any savings or net
of the study.
I'm recommending that the G
Management Advantage Corporation to cor
completed within 90 days from receipt of not
DATE: Nov. 23, 1993
SUBJECT: Proposal for
Utility Audit
Meeting, the Council approved seeking
were sent to firms who specialize in this
one from Action Audits of Cary, North
? Corporation of Ft. Lauderdale, Florida.
for each audit commissioned (a draw
franchise fees
revenues from previously unreported
uditor for the next 48 months.
to fee schedule Is:
which are generated as a result
Council approve the proposal from
rt a Utility Audit. The Audit will be
to proceed.
CITY OF OKEECHOPEE, FLORIDA
UTILrrY AUDM049 SERVICES
Mr. Philip M. Gonot
PMG Associates, Inc.
3880 Northwest 2nd Court
Deerfield Beach, FL 33442
Cody & Associates, Inc.
305 Jack Drive
Cocoa Beach, FL 32931
Mr. Robert F. Sepe
Action Audits
174 Winners Circle
Cary, NC 27511
Safer, Vumbaco, Brown
& Kersten
201 South Orange Avenue
Suite 1020
Orlando, Florida 32801
GCC _
Post Office Box 593027
Orlando, FL 32809
Management Advantage Corporation
1935 Wilton Drive
Ft. Lauderdale, FL 33305
1
UST
F�Le
Mr. Donald A. Fielden
Project Director
Florida Utilities and
Telephone Analysts
601 Crown Cove
Pensacola, FL 32501-6180
Long Associates
1935 Wilton Drive
Ft Lauderdale, FL 33305
David M. Griffith & Assoc.
1621 Metropolitan Boulevard
Suite 201
Tallahassee, FL 32308
- RMI, Inc.
2324 SotM Congress Avenue
Suite 1A
West Palm Beach, FL 33406
R. W. Beck and Associates
Post Office Box 536817
Orlando, FL 32853-6817
Paces Associates
2088 Chrysler Drive, NE
Atlanta, GA 30345-3403
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i
MEMO]
To: Mayor and City Council
From: John Drago, City Administrator
At the last City Council Meeting, the Cou.
current gas tax loan. The City mailed seven 1
Securities and First Union Bank. Below is a
Barnett
Type of Financing
Revenue Bc
Par Amount
$1,685,000
Interest Rate
2.65 % to 4.'
Term
10 years
Payoff of 1987 Loan
$ 776,870
Cost of f..,�,.,..,,.,,„;.Zbs6neG
$ 79,234-*
Net Proceeds to the City
$ 828,896
Annual Debt Service
$ 298,0001
$ 197,8772
Other Yearly Cost
$ 750 Pi
The Mayor asked that an analysis be provided t,
Service and not having a Debt Service as it pert,
gas tax. The analysis is for the current fiscal ye
Citv
$ 648,682 U52.,4Z.g
384,020
437,222
483,902
323.810
$2,081,883
22.37%
With Debt
Year
1992
1991
1990
1989
1988
I
IWUM
Date: December 10, 1993
Subject: Gas Tax Loan
Refinancing
authorized proposals for refinancing the
Dsals and received two proposals... Barnett
unary of the proposals:
First Union
s Loan
$1,650,000
6 5.11%
11 years��
$ 776,870►Gj
$ 9,000 �►�
$ 864,130
Year $ 200,567
Years
Ig Agent -0-
;e the difference between having a Debt.
> to the shared percentage of local option
Countv
$ 2,263,518
2,123,424
2,352,300
2,111,921
1.772.932
$10,624,095
77.63%
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Without
ervice
•
City Yeai
Countv
$ 452,929 1992
$ 2,263,518
384,020 1991
2,123,424
437,222 1990
2,352,300
483,902 1989
2,111.921
323.810 1988
1.772.932
$2,081,883
$10,624,095
16%
84 %
The City is expected to receive for FY 93/94 $2
1528 from local option gas tax and $40,000
from the 9th cent gas tax. If the City did not
ave the Debt Service; then the City would
receive $167,056 less in option gas tax and $10,
19 less in the 9th cent gas tax for FY 93/94.
Over the past 7 years the City has averaged 22
c share of the optional gas tax compared to
19% it received prior. That 3% increase equates
to approximately $584,696 additional funds
the City received for the same 7 year period.
If the City Council wishes to implement the M
ter Plan for the downtown improvements,
then Resolution 93-7 would have to be adovt
CITY OF OIEEC
GAS TAX REVENUE
BANK PROPOSAL t
Barnett Bank of Lake Okeechobee
Post Office Box 218
Okeechobee, FL 34973-0218
Big Lake National Bank
Post Office Box 1675
Okeechobee, FL 34973-1675
Sun Bank, N.A.
815 South Parrott Avenue
Okeechobee, FL 34974
Harbor Federal Savings
& Loan Association
2801 Highway 441, South
Okeechobee, FL 34974
FLORIDA P ,
'BANK LOAN
BUTION UST
Mr. Howard Halle
Commercial Banking Mgr.
First Union National
Bank of Florida
303 Banyan Boulevard
West Palm Beach, FL 33401
Inter Bank
305 E. North Park Street
Okeechobee, FL 34972
Mr. Brian Burke
NationsBank
1555 Palm Beach Lakes Blvd.
Suite 310
West Palm Beach, FL 33410-2377
•
RESOL
A RESOLUTION OF THE CITY OF OKEEC
BORROWING OF NOT EXCEEDIN(
OUTSTANDING CAPITAL IMPROVEMEI
FINANCE CERTAIN ADDITIONAL TRAN
AUTHORIZING AND RATIFYING EXE(
COMMITMENT J-& 1-t r x; AUTHORIZING
A LOAN AGREEMENT IN CONNECTIC
ISSUANCE OF A NOT EXCEEDING $1,650,
1993 TO EVIDENCE THE OBLIGATION (
AUTHORIZING CERTAIN COVENANTS
SECURE THE REPAYMENT OF THE LOA
AND REPAYMENT PROVISIONS THERI
QUALIFIED TAX-EXEMPT OBLIGATIO:
MATTERS IN CONNECTION THEREWI]
DATE.
BE IT RESOLVED BY THE CITY
FLORIDA, AS FOLLOWS:
NO. 93-7
OBEE, FLORIDA AUTHORIZING THE
$1,650,000 TO REFINANCE ITS
C REVENUE NOTE OF 1987 AND TO
'ORTATION PROJECTS OF THE CITY;
MON AND DELIVERY OF A BANK
HE EXECUTION AND DELIVERY OF
THEREWITH; AUTHORIZING THE
10 GAS TAX REVENUE NOTE, SERIES
THE CITY TO REPAY SUCH LOAN;
)F THE GOVERNMENTAL UNIT TO
AND THE NOTE; FIXING THE TERM
)F; DESIGNATING THE NOTE AS A
AUTHORIZING CERTAIN OTHER
[; AND PROVIDING AN EFFECTIVE
OF THE CITY OF OKEECHOBEE,
Section 1. DEFINITIONS. Terms defined ii Sections 2 and 3 hereof shall have the
meanings set forth therein. All capitalized tern is used herein which are defined in the Loan
Agreement shall have the meanings assigned thereto in the Loan Agreement, unless the
context hereof affirmatively requires otherwis .
Section 2. AUTHORITY FOR THIS R S LUTION. This Resolution is adopted
pursuant to the provisions of Chapter 166, Flo ' a Statutes, as amended, Sections 336.025,
206.605, 206.41, 206.47, 336.024, 206.625, and 2 12.67, Florida Statutes, as amended, and
other applicable provisions of law (the "Act").
Section 3. FINDINGS. It is hereby found, le�
rmined and declared by the City Council
as follows:
(A) The City Council (the "Council") of the City of Okeechobee, Florida (the "City") is
duly authorized pursuant to the Constitution a iii I laws of the State of Florida, particularly
the Act, to finance or refinance qualified capita, projects.
(B) Proposals were obtained by the City fro n various financial institutions and the best
proposal was received from the First Union N itional Bank of Florida, West Palm Beach,
Florida (the "Bank") for the refinancing of tl a City's outstanding Capital Improvement
Revenue Note issued on December 17, 1987 in the original principal amount of $1,300,000
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(the "1987 Note") and for the financing of c4
more particularly described in the records of
(C) The Bank has evidenced its approval
refinance the 1987 Note and to acquire and
established the terms and conditions for the I
November 8, 1993, as amended and sumlemi
(D) To evidence its obligation to repay the i
Agreement (the "Loan Agreement") and a G,
Note") and the City wishes to authorize and r,
identify the Project to be financed with the D
for the repayment of such funds to the Bank.
(E) To provide its obligation to repay the (
provide for the issuance of the City Note and t
on and pledge (which is in effect until Augusl
Local Option Gas Tax (Section 336.025, Flori►
Fuels (Section 206.605, Florida Statutes), the
206.47 and 336.02, Florida Statutes) the Motor
Florida Statutes), all as more fully described
"Pledged Revenues") and the principal of and i
all other payments provided for thereunder shal
(F) The City wishes to approve the form of
City Note and to authorize the officers and
necessary to obtain the proceeds of the Loan ani
and the financing of the Project in the manner
(G) Each element of the projects identified i
constitute qualified projects within the meaning
of the acquisition and construction of such projt
interest and will serve a proper public purposf
(H) The refinancing of the 1987 Note and th
funds borrowed under a negotiated sale of the I
of the public and will enable the City to obtain a
to complete or acquire the Projects in a timely
(I) The Loan and the City Note shall not cc
the faith, credit or taxing power of the City, the
thereof within the meaning of any constitutic
State of Florida, nor any political subdivision ti
the principal of the Loan and the City Note, th
thereto except from Pledged Revenues in the m
•
n additional qualified capital projects as
City (collectively called the "Project").
the loan of not exceeding $1,650,000 to
zstruct the Project (the "Loan") and has
n in the Bank's commitment letter dated
J (the "Commitment Letter").
a, the City will execute and deliver a Loan
'ax Revenue Note, Series 1993 (the "City
execution of the Commitment Letter, to
and to provide for the terms and security
y Note and the Loan, the City wishes to
►ledge as security for the City Note a lien
1, 2008) of the City's proceeds from the
Statutes), the Municipal Tax on Motor
'onstitutional Gas Tax (Sections 206.41,
iel Rebate (Sections 206.625 and 212.67,
i the Loan Agreement (collectively, the
Brest bn the Loan and the City Note and
e payable solely from Pledged Revenues.
Agreement, to approve the form of
gees of the City to take all action
lete the refinancing of the 1987 Note
aplated by the Loan Agreement.
he 1987 Note and in the Loan Agreement
the Act and the financing and refinancing
is necessary and desirable, is in the public
lancing of the costs of the Project from
Note to the Bank is in the best interest
Fer interest rate than the 1987 Note and
finer to meet the current public need.
tute a general obligation, or a pledge of
;e of Florida, or any political subdivision
or statutory provisions and neither the
)f, nor the City shall be obligated to pay
terest thereon, or other costs incidental
,r provided in the Loan Agreement, and
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the Loan and the City Note shall not constitu
any part thereof, or on any other property of
(J) The estimated receipts of the Pledged
timely pay the principal and interest and all otl
and the City Note.
Section 4. REFINANCING 1987 N1
AUTHORIZED. The cost of refinancing 1
financing the Project in the manner provided
and approved, in the aggregate amount of n(
Section 5. AUTHORIZATION AND R
DELIVERY OF BANK COMMITMENT
substantially the form attached hereto as Exl
corrections as may be approved by the May(
presumed by his execution thereof, is hereby aj
hereby authorizes, directs and ratifies such
delivery of the Commitment Letter to the Ban]
when executed and delivered by the City as a
this instrument as fully and to the same eaten
Section 6. AUTHORIZATION OF EXEC
AGREEMENT. The Loan Agreement, in sub:
"B", including the City Note attached thereto, v
as may be required by the Commitment Letter
City Council, such approval to be presumed t
by the City Council, and the City hereby authc
the City Clerk of the City Council to attest unc
and the City Note and to deliver to the Bank
of the provisions of which, when executed and
be deemed to be a part of this instrument as f ,
verbatim herein.
Section 7. ISSUANCE OF CITY NOTE; S]
the City Note, issued in the amount of not exc(
Clerk to the City Council are hereby authorized
provided, against receipt of the proceeds of the
and provisions, shall bear interest at such rate
such times, and shall mature in such amount
Commitment Letter and the Loan Agreement
name of the Bank, and its successors and assi
Upon issuance, the City Note shall be payable s(
set forth in the Loan Agreement and the City
Section 8. NO PERSONAL LIABILITY.
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a pledge of or a lien upon the Project, or
City.
,venues, are expected to be sufficient to
amounts payable with respect to the Loan
3 AND FINANCING PROJECT
outstanding 1987 Note and the cost of
he Loan Agreement is hereby authorized
weeding $1,650,000.
FICATION OF EXECUTION AND
The Commitment Letter, in
"A",' with such changes, alterations and
'the City Council, such approval to be
ved and ratified by the City, and the City
;ution of the Commitment Letter and
he provisions of the Commitment Letter,
prized herein, shall be deemed a part of
if incorporated verbatim herein.
[ION AND DELIVERY OF LOAN
itially the form attached hereto as Exhibit
such changes, alterations and corrections
i as may be approved by the Mayor of the
us execution thereoL is hereby approved
-s and directs said Mayor to execute, and
the seal of the City, the Loan Agreement
City Note and the Loan Agreement, all
ivered by the Bank duly authorized, shall
and to the same extent as if incorporated
',URITY. The Loan shall be evidenced by
ling $1,650,000. The Mayor and the City
r issue and deliver the City Note, as herein
oan. The City Note shall have such terms
adjusted in such manner and payable at
>n such dates, all as are set forth in the
The City Note shall be registered in the
is, by the City Clerk acting as Registrar.
:ly from Pledged Revenues, in the manner
o covenant, stipulation, obligation or
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•
agreement herein contained or contained in tl
deemed to be a covenant, stipulation, obligati4
employee of the City or the Council in his indiv
the City nor any official executing the Loan
personally thereon or be subject to any persona
issuance thereof.
Section 9. NO THIRD PARTY BENEFIC
Agreement otherwise expressly provided, no
Agreement, expressed or implied, is intended
person, firm or corporation other than the Cit
of the City Note, and their respective successc
legal or equitable, under and by reason of this i
Loan Agreement, this instrument and the Loan
sole and exclusive benefit of the City, the Ban]
Note, and their respective successors and assig
Section 10. PREREQUISITES PERFORMS
to the passage of this instrument, to the exec
execution of the Loan Agreement and the City
of the State of Florida, including the Act, to ha]
and in the passage hereof, and precedent to
Agreement and the City Note, have ' happen
required.
Section 11. GENERAL AUTHORITY. Then
attorneys, engineers or other agents or emplo;
things required of them by this instrument,
desirable or consistent with the requirements I
the full, punctual and complete performance
contained in the Loan Agreement, the City N
Loan Agreement or City Note shall be
or agreement of any member, agent or
aal capacity, and neither the members of
,greement or City Note shall be liable
iability or accountability by reason of the
REFS. Except as herein or in the Loan
ag in this instrument or in the Loan
shall be construed to confer upon any
he Bank, the holders from time to time
and assigns, any right, remedy or claim,
rument or any provision thereof or of the
reement intended to be and being for the
ie holders from time to time of the City
All acts, conditions and things relating
on of the Commitment Letter, to the
►te required by the Constitution or laws
n, exist, and be performed precedent to
e execution and delivery of the Loan
exist and have been performed as so
►ers of the Council and the City's officers,
are hereby authorized to do all acts and
Loan Agreement or the City Note, or
)f, the, Loan Agreement or City Note, for
ll the terms, covenants and agreements
and this instrument.
Section 12. THIS INSTRUMENT CONSTM S A CONTRACT. The City covenants
and agrees that this instrument shall constitute a c ntract between the City and the holders
from time to time of the City Note and that all enants and agreements set forth herein
and in the Loan Agreement and the City Note t e performed by the City shall be for the
equal and ratable benefit and security of all hol rs from time to time of the City Note.
Section 13. NEGOTIATED SALE NECES&
hereby found, ascertained, determined and decim
from the Bank is in the best interest of the City
of the following reasons as to which specific find;
sale of the City Note would in all probability nc
sale particularly in view of the size and timing of
of the market for similar instruments. (2) The ci
of the City Note requires a lengthy review of
Y; AWARD OF CITY NOTE. It is
by the City that a negotiated borrowing
d is found to be necessary on the basis
s are hereby made: (1) A competitive
produce better terms than a negotiated
h an offering and the current instability
plex nature of the security for payment
e credit of the City which would be
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financially impractical for bidders to undert
negotiated borrowing assures the necessary fle
features and interest rates in order to obtain t
negotiated sale of the total principal amount
Letter is hereby authorized pursuant to Sectio
form of the Commitment Letter made a part
Note is hereby accepted and such principal am
sold to the Bank, against receipt of the procei
and upon the terms and conditions set forth i
the Loan the City will obtain the information r
in connection with the negotiated sale of the C
Statement.
Section 14. QUALIFIED TAX-EXEMPT 1
and finds `it reasonably anticipates no more
(other than certain private activity bonds desi
and its subordinate governmental entities in
its Mayor to recertify these representations i
Note is hereby designated as a "qualified tax-(
the Code.
Section 15. AUTHORIZATION OF ALL O'
and City Clerk to the City Council, the City's .
agents of the City in connection with the issue
authorized and empowered, collectively or in
execute and deliver any and all instruments, &
which are necessary or desirable in connection
Note and whicli ' are not inconsistent with the
other actions relating to the Commitment Lett
heretofore taken by the City.
Section 16. SEVERABILITY OF INVALI
covenants, agreements or provisions herein c,
provisions of law or contrary to the policy of
or against public policy, or shall for any re
covenants, agreements or provisions shall be
from the remaining covenants, agreements
validity of any of the other provisions here
Agreement or the City Note.
Section 17. REPEALING CLAUSE. All r
with the provisions herein contained are, to
and repealed.
Section 18. EFFECTIVE DATE. This
adoption.
in a competitive sale context. (3) A
ility to change the maturities, prepayment
most favorable terms in the market. The
the City Note stated in the Commitment
18.385, Florida Statutes. The offer in the
reof, relating to the purchase of the City
[it of the City Note is hereby awarded and
of the Loan, at the purchase price of par
he Commitment Letter. Upon closing of
tired by Section 218.385, Florida Statutes,
Note and a copy of the Truth -In -Bonding
[GATIONS. The City hereby represents
1 $10,000,000 of tax-exempt obligations
i in the Code) will be issued by the City
dar year 1993. The City hereby directs
issuance of the City Note, and the City
A obligation" under Section 265(b)(3) of
ER NECESSARY ACTION. The Mayor
orney and bond counsel, are designated
and delivery of the City Note and are
idually, to take all action and steps to
ments or contracts on behalf of the City
:h the execution and delivery of the City
ns and provisions of this resolution and
the Loan Agreement and the City Note
ROVISIONS. If any one or more of the
ned shall be held contrary to any express
ess law, though not expressly prohibited,
whatsoever be held invalid, then such
and void and shall be deemed separable
-ovisions and shall in no way affect the
r of the Commitment Letter, the Loan
or parts thereof of the City in conflict
, of such conflict, hereby superseded
shall take effect immediately upon its
t7
w r %M e6
Mr.w .wa. •
Date Adopted: December 16, 1993
(SEAL) i
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
CITY OF OKEECHOBEE, FLORIDA
James E. Kirk
Mayor
Bonnie S. Thomas, CMC
City Clerk
I, Bonnie S. Thomas, Clerk to the City Cout ' of the City of Okeechobee, Florida, do
hereby certify that the above and foregoing is a and correct copy of a resolution as the
same was duly adopted and passed at a reguh r meeting of the Council of the City on the
16 day of December, 1993, and as the same appears on record in my office.
IN WITNESS WHEREOF, I hereunto set hand and official seal this 16 day of
December, 1993. 7
(SEAL)
By:
City Clerk