Fort Walton Beach Council agenda — 04-12-11 regular — reading text

Affiliates. The City of Fort Walton Beach, Florida: Date: Michael G. Anderson, Mayor 2- 1263 Attachment " A" Released Claims" shall include all claims for lost revenues of any kind that should have been generated on or prior to September 30, 2010, including but not limited to the Claims filed and assigned numbers 17- 185788 -05 -1, 17- 185788 -05 -2, 17- 185788 -05 -3 and 17- 185788 -05 -4 for sales tax, golf fees and cart rentals, water and sewer revenues, and garbage and tipping fees for the revenue generation months of May, 2010 through September, 2010, that Claimant has or may have, whether known or unknown, whether direct or indirect, or whether legal or equitable arising from or relating in any way to the April 20, 2010 blowout of the Macondo Well, the sinking of Transocean' s Deepwater Horizon drilling rig, and the subsequent oil spill in the Gulf of Mexico ( the " Incident "). 3- 1263 Attachment " B" Aerotek, Inc. Ameri- Force, Inc. Anadarko Petroleum Company Anadarko Petroleum Corporation Anadarko E &P Company LP Art Catering, Inc. Ashland BJ Services Company, USA BP America Inc. BP America Production Company BP Company North America Inc. BP Corporation North America Inc. BP Corporation North America Inc. Savings Plan Investment Oversight Committee BP Energy Company BP Exploration (Alaska) Inc. BP Global Special Products ( America) Inc. BP Holdings North America Limited BP plc BP Products North America Inc. Brett Robinson Gulf Corporation Cameron Corporation Cameron International Corporation f/k/a Cooper Cameron Corporation Cameron International Corporation d/ b /a/ Cameron Systems Corporation Center for Toxicology and Environmental Health L.L.C. Chouest Shorebase Services, LLC Clean Harbors Core 4 Kebawk, LLC Crowder /Gulf Joint Venture Crowder Gulf Disaster Recovery Diamond Offshore Company DOF Subsea USA, Inc. Drill -Quip, Inc. Entrix, Inc. Environmental Standards EPS Corporation ERG ES & H Environmental Services ESIS, Inc. Exponent Global Diving & Salvage, Inc. Gulf Offshore Logistics, LLC Gulf Offshore Logistics International, LLC Halliburton Energy Services, Inc. 4- 1263 Halliburton Company Hamilton Eng. Hepaco Hilcorp Energy Company Hyundai Heavy Industries Co. Ltd, Inc. Hyundai Motor Company In Rem Vessels Island Ventures II Jupiter Insurance Limited LaBorde Marine Services, LLC Lloyd' s of London Marine Spill Response Corporation MEG Energy Corp M -I L.L.C. M -I Drilling Fluids L.L.C. M -I Swaco Miller Environmental Group, Inc. Mitsui & Co. ( USA), Inc. Mitsui & Co. Ltd. Mitsui Oil Exploration Co. Ltd. Moran Environmental Recovery, LLC MOEX Offshore 2007 LLC 0N Moex USA Corporation MV Monica Ann MV Pat Tilman MV Damon B. Bankston MV Max Chouest MV Ocean Interventions MV C. Express MV Joe Griffin MV Mr. Sidney MV Hilda Lab MV Sailfish MV Seacor Washington MV Seacor Vanguard Nalco Holding Company Nalco Finance Holdings LLC Nalco Finance Holdings Inc. Nalco Holdings LLC Nalco Company Nautical Ventures, LLC Nautical Solutions, LLC O' Brien' s Response Management, Inc. Ocean Runner, Inc. Oceaneering International, Inc. Offshore Cleaning Systems L.L.C. 5- 1263 Offshore Service Vessels, LLC Offshore Inland Marine & Oilfield Services, Inc. Ranger Offshore, Inc. Reel Pipe, LLC Schlumberger, Ltd. Seacor Marine, LLC Seacor Marine, Inc. Seacor Marine International, Inc. Siemens Financial, Inc. Seafairer Boat, LLC State Street Bank and Trust Company Subsea 7 LLC The Response Group, Inc. TestAmerica, Inc., Tiburon Divers, Inc. Tidewater Marine LLC Tiger Safety, LLC TL Wallace Transocean Inc. Transocean Deepwater, Inc. Transocean Drilling (U.S. A.) Inc. Transocean Enterprise Inc. Transocean Holdings Inc. Transocean Holdings LLC Transocean Ltd. Transocean Offshore Deepwater Drilling, Inc. Transocean Offshore USA, Inc. Triton Asset Leasing GmbH Triton Hungary Asset Management KFT Triton Hungary Asset Management Limited Liability Company USES /Construct Corps Weatherford International Ltd. Weatherford U. S. L.P. Worley Catastrophe Services, LLC Worley Catastrophe Response, LLC 6- 1263 Attachment " C" FWB Resolution 2011 - 11 d O U d a> R d a m 0 N Ul O LO N r N O F O Z m d O V t4 dNRd d 10 t0 a m E U 2 r Q 7- 12631263  RESOLUTION 2011 -11 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A PARTIAL RELEASE AND COVENANT NOT TO SUE FOR RELEASED CLAIM NUMBERS 17- 185788 -05 -1, 17- 185788 -05 -29 17- 185788 -05 -3 and 17- 185788- 05- 4 RELATING TO THE OIL SPILL IN THE GULF OF MEXICO; AND SETTING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: The April 20, 2010 blowout of the Macondo Well, the sinking of Transocean' s Deepwater Horizon drilling rig, and the subsequent oil spill in the Gulf of Mexico ( the Incident ") resulted in lost revenues for the City. The City has submitted claims to BP Exploration & Production Inc. ( " BP ") to recover these lost revenues. " Released Claims" include claims for lost revenues generated on or prior to September 30, 2010 and assigned numbers 17- 185788- 05- 1, 17- 185788 -05 -2, 17- 185788 -05 -3 and 17- 185788 -05 -4 for sales tax, golf fees and cart rentals, water and sewer revenues, and garbage and tipping fees for the revenue generation months of May, 2010 through September, 2010. The City Council finds that it is in the best interests of the citizens of Fort Walton Beach to execute BP' s Partial Release and Covenant Not to Sue in consideration of payment in the amount of $148, 570. Therefore, the City Council hereby authorizes the Mayor to execute BP' s Partial Release and Covenant Not to Sue. This Resolution shall take effect immediately upon approval by the City Council. Adopted: Mike Anderson, Mayor Attest: Approved for form and legal sufficiency: Helen Spencer, City Clerk Hayward Dykes, Jr., City Attorney From: Brandy Wunker, Finance Director Date: April 12, 2011 Subject: Resolution 2011 -8 - Capital Improvement Loan 1. Background I. I. On March 8, 2011, the City accepted the proposal of Hancock Bank, locking in an interest rate of 2. 55 %. 1. 2. On March 14, 2011, the City issued an RFP for the purchase of one ( 1) ladder truck. The proposals will be opened on April 7, 2011, and the evaluation committee will meet to review the proposals on April 11, 2011. 1. 3. Award of the RFP will be presented to City Council on April 26, 2011. 2. Discussion 2. 1. Resolution 2011 -8 authorizes the issuance by the City of a Capital Improvement Revenue Note, not exceeding $965, 000. 2.2. The adoption of this resolution will enable the City to move forward with the purchase of the golf equipment and the ladder truck. 2. 3. The actual amount of the Revenue Note will be determined upon review and evaluation of the RFP' s received for the purchase of the ladder truck. On April 26, 2011, staff will recommend to City Council the award of the RFP. 2. 4. Upon award of the RFP, the final cost and funding amount of the Note, will be included in the closing documents and the funds will be received by the City on April 27, 2011. 3. Financial Information 3. 1. The FY 2010 -11 budget includes funding for the lease -purchase of the golf equipment. 3. 2. The FY 2010 -11 budget does not include funding for the debt service payment on the ladder truck. The budget does include funding for the debt service payment on a previously purchased fire pumper, the final payment of which will be made in the current fiscal year ( approximately $ 49K). A portion of the debt service payment for the proposed acquisition of the ladder truck can be funded utilizing this already dedicated expense stream. 3. 3. Additional funding, in the event that the debt service payment required for the proposed new acquisition of the ladder truck exceeds $ 49, 000, will require identification during the FY 2011 - 12 budget process. FY 2010 -11 funding for the proposed acquisition of the ladder truck is approximately $ 26, 000. A budget amendment from fund balance will likely be required in the current year to cover this cost. 4. Recommendation 4. 1. Staff respectfully requests City Council adoption of Resolution 2011 -8, authorizing the Doc ID: 1220 Page 1  RESOLUTION ( ID # 1220) issuance by the City of a not exceeding $ 965, 000 Capital Improvement Revenue Note, Series 2011, to provide funds to finance the purchase of a ladder truck and certain golf equipment. ATTACHMENTS: Resolution (Agenda) PDF) PDF) Draft City Attorney Opinion Letter for Series 2011 Note ( SIGNATURE BLOCK: Completed 04/ 04/ 20114: 58 PM Brandy Wunker Finance Completed 04/ 04/ 20114: 59 PM Completed 04/ 06/ 2011 1: 56 PM City Attorney Carole Jones Completed 04/ 05/'2011 11: 20 AM Completed 04/ 06/ 2011 11: 05 AM City Manager City Council Pending  RESOLUTION NO. 2011 -8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA ( THE " CITY ") AUTHORIZING THE ISSUANCE BY THE CITY OF A NOT EXCEEDING $ 965, 000 CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2011,