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07-94 RESOLUTION '
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A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
AGREEMENT OF MUNICIPAL METER READING SERVICE, INC. ,
FOR METER READING SERVICES; AND PROVIDING FOR AN
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EFFECTIVE DATE.
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BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
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FLORIDA:
t Section 1 That the agreement of Municipal Meter Reading Service, Inc., for
;y meter reading services, a copy of which is attached hereto as Exhibit A", be and the
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same is hereby approved and the appropriate city officials are hereby authorized and
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r" directed to execute same.
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BD&fign2. That all resolutions or parts of resolutions in conflict herewith be and
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the same are hereby repealed to the extent of such conflict.
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} Section 3, That this resolution shall be in force and take effect immediately upon L
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its passage and adoption.
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PASSED and ADOPTED on this 2 5 t h day of J a n u a ry y
a}6 �w " Irk1994.
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�� ATTEST: Mayor- Commissioner ?
9 Clerk
City -Auditor
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APPROVED AS TO FORM & CORRECTNESS [
1 •x Frank C. Adler, City Attorney
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AGREEMENT '
Municipal Meter Reading Service, Inc. herewith agrees to provide water meter reading services to the City of Dania . t
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Apendix A, METER READING SERVICES, is hereby attached and
made part of this Agreement.
Appendix B, COMPENSATION, is hereby attached and made part
of this Agreement.
Appendix C, SCHEDULE, is hereby made part of this Agreement
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� a Additionally, it is agreed that the Contractor may change the routes within a cycle to produce the most efficient
and cost effective reading sequence. na
The terms of this agreement will be for a period of one
year, effective February 1 , 1994 , with the understanding that
;ET . there can be two consecutive one 1
( ) year renewal options of # " z}k
r• this Agreement if mutually agreed upon in writing by the
City of Dania and the Contractor. 4t
Written notice conserning this Agreement will be directed to:
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Christopher King i
5140 Davie Rd. , #7
iay A Davie, FL 33319 �t:z'
5 � or to the City of Dania at:
City of Dania
100 W. Dania Beach Blvd.
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Dania , FL 33004
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Attn: Bud Palm
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APPROVED THIS X^zi j+
DAY OF 1994 .
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City of Dania ,
Contractor
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METER READING
G SERVICES
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1• SCOPE OF SERVICES "` ..
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Contractor's water meter reader(s)shall be responsible for obtaining complete, accurate
F" `r meter readings and recording them in hank-held meter reading devices to be provided
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°}r< t by the City of Dania in accordance with the schedule established by the Utilities
Department of the City and outlined in Appendix C, SCHEDULE. The City of Dania
«" shall be responsible for providing electronic meter reading devices which are properly
functioning and calibrated for Contractor's use. The electronic meter reading devices i
shall be Programmed g
+r t p grammed on a daily basis by the City of Dania and available to Contractor
*t at the beginning of each day. The individual(s)shall be responsible, on a daily basis, to
report damaged and/or broken meters and meter
a boxes and unreadable meters, etc.,
r observed during the performance of their duties. In the event that such conditions exist,
the meter reader will advise the City of Dania Utilities De partment promptly. In no
case shall Contractor be liable for not reading a water meter due to unforeseen
circumstances or circumstances beyond its control.
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wt;, v Readings shall be taken no earlier than 7:30 A.M. and no later than 6:30 P.M. From r 1�
Monday through Friday. Readings on Saturday and Sunday shall be prohibited.
The intent of the City of Dania is to bill for water service based on actual consumption. k
Therefore, the readings shall not be estimated. All reads must be accomplished within a "a
prescribed time so as not to delay the billing cycle. Additionally, the reader(s)shall not
�o
o Y obtain readings earlier than two(2)days ahead or after the predetermined schedule or
i"R� i" prior to the first day of the month which is to d
r be billed.
2. PERSONNEL
x�M The individuals
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Operforming the service shall,at all times, be properly attired including
use of hard sole shoes. Shirts which will clearly identify Contractor's meter readers will
be provided by the City of Dania. Contractor will promptly return the City of Dania all
shirts issued to employees upon their leaving its employ. Contractor will promptly
'< return all City of Dania issued shirts and hand held devices upon termination or ;fry
i non-renewal of this Agreement before payment of and sums due Contractor will be a', = made by the City of Diana. sir
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The individual(s)shall be responsible for providing their own trans
i Providing the the City of Dania proof of possesson and
ion of a valid Florida driver's license
and evidence of insurance on the vehicle which they will be operating These conditions t } c
t ` will also apply to additional or replacement employees hired by the Contractor under ` f
this Agreement.
3• INSURANCE t c
k Contractor shall furnish WORKERS'COMPENSATION INSURANCE, HEALTH
y a' INSURANCE,ETC., Liability Insurance for bodily injury and property damage in the ,
amount of 5500,000 per occurrence must be supplied to the City of Dania prior to
yt. commencement of work. The City shall, in no way, be held responsible for and injuries
or accidents the Contractor or IND IVIDUALS IN ITS EMPLOY, which they may incur 4
during the course of performing their service to the City of Dania The City of Dania
shall, in no way, be held responsible for ACTS OF CONTRACTOR
i ITS E_ WLO_ PEES. who, during the discharge of their duties, willfully�oaORde OF
cause damage or loss to any property. '
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4. MISCE
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4.1 FORCE MAJEURE
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Performance of this Agreement b each P
Y party shall be Pursued with due
diligence in all requirements hereof however,neither party shall be liable for '
and loss or damage for delay or for nonperformance due to causes not
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reasonably within its control, such as acts of civil or mill `tary authority in
courts or administrative agencies)acts of Go insurrection,
eluding
i to obtain required s, a riot o insurrection inability
permits or licenses, blockades, embargoes, sabotage,
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epidemics, fires, unusually severe floods, strikes, lockouts or other labor disputes
or difficulties; and provided the r
parry affected shall promptly notify =2
writing of the nature, cause,date of commencement thereof, the atichpa other in
'w extent of such delay and whether it is anticipated that any completions dates will
be affected thereby,and shall exercise due diligence to mitigate the impact of the
delay. In the event of and delay resulting from such cause " >L
Performance of each of the d, the time of
parties hereunder shall be extended for a time
equal to the period of such delay, PeriodIK
4.2 �-, , r
' TERMINATION ` �#
Should either party fail to perform its duties as set forth
other rth in this Agreement,the party will notify the first in
(5)working days to respond in Pam' writing,
and the first party will have five
Po writing advising of any corrective measures that
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• A i '"will be taken. Should such measures not correct the failure, the d� r »YJ
correction may to requesting j R
Y terminate this Agreement immediately upon written notice and
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ar without penalty it either party. ;, ,•, � ;
•� either • This Agreement may be terminated at will by s,f��Party upon giving the other party sixty(60)days'written notice.
' 4.3
COMPLETE AGREEMENT
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This Agreement is intended as the complete and exclusive statement of the
agreement between the
yF parties. Parol or extrinsic evidence shall not be used to
vaiy or contradict the express terms of this Agreement, and recourse shall not be
had to alleged prior dealings,
urse of
Performance to explain or upplement the dexp express couof rse
of the�Agreement or This �F
Agreement shall not be amended or modified, and no waiver of and provision
hereof shall be effective, unless set forth in a written instrument authorized and + .
( , executed with the e same formality as the Agreement g 4
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APPENDIX B
COMPENSATION Y
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p 1, PRICE OF SERVICES
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The price to perform the Services as set forth in this Agreement shall be S_.--for
each meter read.
2, RevIEDIES
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If a customer requests a reread of their meter, the City of Dania will provide the
personnel necessary
nary to accomplish such a reread,If the original reading incorrect as determined by the reread,the City of Dania will deduct an amount N. A
equal to 110%of Contractor's price for reading one (1)meter from Contractor's
3` monthly invoice. Such deduction shall be the exclusive remedy of the City of
Dania in the event of an incorrect reading.
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3. INVOICING
4 Contractor will invoice the City of Dania on a once a month basis. Payment shall
be made 30 days following the of a correct invoice, r }
} i e receipt � vrµ
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,s APPENDIX C .�
SCHEDULE
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MONTHLY READING TIlv STABLE
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The City bills all customers on the same date each month The reading schedule as detailed
s ' herein,provides a schedule for work covering the City's approximate 3000 meter.
." Adherence to this schedule is reQ uired to allow sufficient time for billing. Contractor may
? work at Its own
pace as long as all meters are read by the end of each cycle billing date.
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INNING DATEENDING DATE
�• , CYCLE BEG
1st workday Of month 3 �
5th workday of month I through 9 ci
lI 6th workday of month
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1� I Oth work day of month 10 through 18
11 th workday of month
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15th workday of month 35,t 5
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19 through 29 � X
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FOLEY & LARDNER
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POST OFFICE BOX 2.1 r" r JACKSONVILLE.FLORIDA 32201 0240
I'r4 ORLANDO.FLORIDq
TiGREENLEAF BUILD INGTALLA ASBEE.FLORIDA 200 LAURA STREET 32202351 0TAMPA.FLORIDA A
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WEST �`-
PALM BEACH,FLORIDA TELEPHONE 19041 359- A MEMBER OF GLOBALE% 'r
I I ' MILWAUKEE.WISCO NSIN 2000 WITH MEMBER OFFICES IN
!r FACSIMILE 19041 3590319 Y
CHICAGO.WISCOI SIN
m r CHICAGO,ILLINOIS LONDON.ENGLAND
i a" L WASHINGTON.D.C. �,t+
t t�4 �2 ANNAPOLIS. MARYLAND PARIS,FRANCE BERLIN,GERMANY
41 GTUTTGART,G ERMANY
DRESDEN,GERMANY
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December 22, 993 35&,4. /� SINGAPORE
1��AYff�'�p�t �js,�Fef TgIPEI, TAIWAN
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A 7" r✓r�.r
" City of Dania
100 West Dania Beach Blvd.
%4; Few Dania, Florida 33004
IMP
�`� h Attention: p +
���`� Ms. Marie Jabalee
1 w �
°+ Re: Proposed Issuance of$3,000,000 City of Dania,' � r Florida Sales Tax Revenue Bonds i� Series 1994
1 bwn.Fy�v" S
i frr� „,a . Ladies/Gentlemen:
IF
6 << The purpose of this letter is to
Ycl' "TF responsibilities we propose to assume as bond counsel in connection with the issuance of the
set forth the role we propose to serve and
to ' "u,..-
��s„, above-referenced bonds (the "Bonds" b
.I r being issued under the First Municipal Loan Council Capitalapital ania lF nancing Assistance Progrorida (the "Issuer"), which am ' a
( CFAP Program") and + a
are to be
r , "Underwriter"
underwritten by William R.
ricer
")• Hough & Co. (the
414
aL : Bond counsel is engaged as independent, recognized counsel specially experienced
7* in state law and federal tax law relatingto a r
axt fr
v responsibility is to render an objective legl opinion withrespect
the sauthorization primary
" issuance of bonds and the tax treatment of interest payable on such bonds. As bond counsel,
we will examine applicable law, prepare the resolution or ordinance authorizing and securing
P p
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.off, the Bonds (the "Resolution") and other related financing documents, review certified proceed 4 y
x u r ✓rrY
ings, draft closing documents and undertakeate,
render such opinion. such additional duties as we deem necessary z 'sary to
a r rY
/ y
Sub
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d ject to the completion of s
opinion that: proceeding to our satisfaction our
r We will render A' 4 .
(1) the Issuer is a duly created and validly existing municipality of the State of
, perform the agreements on its part contained
therein and issue the Bonds;
Florida with the Power to adopt the Resolution fy
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EXHIBIT "A"
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Ms. Marie Jabalee
December 22, 1993
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Page 2
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ti „tv p,r binding and enforceable obligatoionhof thas elssuer uly adopted by the Issuer and constitutes a valid,
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1 A'A`�((4tLLgR,R 1^,z�4 rNa�.}
zrl Y �y Pf t4 (3) the Bonds have been duly authorized, executed and delivered by the Issuer
and are valid binding and enforceable limited obligations of the Issuer, payable solely from the
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a, T ,:; sources provided therefor in the Resolution;
m (4) the interest paid on the Bonds (except an
will be (i) excluded from gross income for federal income to purposes,on issued as taxable bonds)
taxation under the laws of the State of Florida (subject to certain limitations expressed infrom
opinion); and
(S) the Bonds are exempt from registration under the Securities Act of 1933, as
amended, and the Resolution is exempt from qualification as an indenture under the Trust
M Indenture1939. y ,r Act of
The opinion will be dated and executed and delivered by us in written form on
�t) the date the Bonds are exchanged for their purchase price (the "Closing")t �r3 g") and will be based on
tt sF Y� existing law as of its date. Upon the earlier of the delivery of the opinion or submission a our
final statement our responsibilities as bond counsel will be concluded with respect to the '
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M�a'4� Po
financing, Specifically, but without implied limitation, we do not undertake (unless separately
r "V engaged for such purpose) to provide continuing advice to the Issuer or any other party 5
concerning compliance with its obligations or any actions necessary to assure that interest paid
;, on the tax-exempt Bonds will continue to be excluded from gross income for federal income tax
k,, *.
"� Purposes.
In rendering the opinionAN
, we will rely upon the certified proceedings and other
w certifications of public officials and other persons furnished to us without undertaking to verify
* the same by independent investigation. We do not review the financial condition of the Issuer,
the feasibility of the project to be financed with the Bond proceeds, or the adequacy of the
f \ if
security provided to Bond owners and B we will express no opinion relating thereto.
L M A
As bond counsel, we normally do not assume or undertake responsibility for the
preparation of an Official Statement or any other disclosure document with respect .A nor are we responsible for performing an independent investigation to determ the accuracy,
t
` ?'* completeness or sufficiency of any such document. We understand, however, that the
Underwriter may desire our opinion as bond counsel as to the sufficiency under federal and state
securities law standards of the Official Statement prepared by the Underwriter and that the
Underwriter may, with the consent of the Issuer and the CFAP Program administrator,
determine to engage us to render such opinion,. P Provided the fees for such opinion shall be fully
disclosed to the Issuer r iek
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S ,ter* 6�yYjY�.�•' +
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air w` ��,1�m,�, ,� ' • 'y' \�!'• ';
Ms. Marie Jabalee }
' December 22, 1993
Page 3
'
` � As bond counsel we do not advocate the interests of the Issuer, the Underwriter
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or any Party to the transaction, notwithstanding that we may have or have had a client
relationship with one or more of such parties with respect
We assume that the Issuer will be represented in the a a matter unrelated to the Bonds.
transaction by its own counsel and that `
other parties to the transaction will retain such counsel as they deem necessary and appropriate
... rti to represent their interests in the transaction.
It is
whose interests conpflictiwith tithose of that in the e Issuer or of other ure we may be partiees to theuested to resent a transact transaction.party or We parties
to the following restraints on our right to accept such engagements: (a) we will not accept an
ref irk
w +�r engagement with respect
" � opinion, and will not use any information obtained in the course of our engagement
to any matter which calls into question any matter addressed in our
""(LeK4 rt (b) we
a rho hereunder in any such other engagement.
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Based upon: (a) our current understanding of the terms, structure, size, method
5 of sale and schedule of the financing, b the Capital Financing Assistance Program fee schedule,
(c) the duties we will undertake pursuant to this letter,
Othe time we anticipate devoting to the yy
`Ta + fi« financing, and (e) the responsibilities we assume, we estimate that our fee hereunder will be { r
$8,000. Such fee ma v Y vary if: (i) the principal amount of the Bonds actually issued varies
significantly from the amount stated above, (ii) the Bonds are issued as separate issues ni t
pt , material changes in the structure or method of the financing ( )
g occur, or (iv) unusual or unforeseen
circumstances arise which require a significant increase in our time or responsibility (such as
litigation or involvement in credit rating or enhancement negotiations). If,
„,nit�y uJ++fr
believe that circumstances require an l at any time, we
equitable adjustment of our original fee estimate, we will w
promptly consult with you and CFAP Program administrator.
The foregoing does not include validation. Based on the facts as we presently
iq
IWOM understand them, we will not require validation of the Bonds. If validation is required by the
Issuer or any other party, we will furnish drafts of suggested pleadings for use by the Issuer's
jr{iikll ' ` be pleased to do so and we will charge an extra fee for the time actually devoted at o attorney without additional charge. If we are requested to participate in the proceedings, we willn no event more than $5 000
stan
hourly rates, but i
r ti`g (excluding dard
g any appeal)
`,u°e"�7`w our
1S wibt, It
i ;�, Si , policy to provide to you the most effective support systems available,
while at the same time allocating the costs of such systems in accordance with the usage of the
'a services by individual clients. Therefore, in addition to our fees for legal services, we also 4
charge
separately for certain costs and expense disbursements exceeding $500, including
� tj;� r messenger, courier and other communication costs; long-distance telephone and facsimile ,>,n
charges; document reproduction; secretarial overtime when required by the matter's timing-
computer research facilities; and document preparation on our word processing facilities.
Certain services and expenses which involve payments made to third parties include an additional f`
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Ms. Marie ia�)alee
1 ,
December 22, 1993
Page 4 t 4
charge based upon our internal costs with respect to those services and expenses. Large
n disbursement billings may be forwarded by us to you for direct payment b P Y y you to the supplier.
While our fee for services accrues when services are rendered and our right to
reimbursement accrues upon incurring the related expense, absent extraordinary delay in
F;�yis completing the financing, our practice is to render one statement for professional services
rendered and expenses and disbursements incurred at the Closing of the issue and to receive
r, payment in full at that time. Additional authorized work performed or expenses incurred after
n4 pr
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a'' 3 Closing, or not otherwise covered by our statement presented at Closing, will be billed
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r,rii If the foregoing terms of this engagement are acceptable to you, please so indicate `� a
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py of this letter signed by an appropriate officer, retainin the
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