Resolution 2000-417
l
16E2
RESOLUTION NO. 2000 - 417
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF
NOT EXCEEDING $1,565,000 FROM THE POOLED COMMERCIAL
PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT
FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN
AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN
ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF
CERT AIN IMPROVEMENTS TO AND UPGRADES FOR THE 800 MHZ
COMMUNICATION SYSTEM OF THE COUNTY; AUTHORIZING THE
EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH
BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES
WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY
AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE
LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND
DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY
TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION 1. DEFINITIONS. Unless the context of use indicates another
meaning or intent, the following words and terms as used in this Resolution shall have the
following meanings. Capitalized terms not defined herein shall have the meanings ascribed
thereto in the hereinafter defined Loan Agreement.
"Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163,
Florida Statutes, and all other applicable provisions oflaw.
"Additional Payments" means the payments required to be made by the County
pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement.
. "Board" means the Board of County Commissioners of the County.
"Chairman" means the Chairman or Vice Chairman of the Board, and such other
person as may be duly authorized to act on his or her behalf.
"Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the
Board, and such other person as may be duly authorized to act on his or her behalf.
"Commission" means the Florida Local Government Finance Commission, and any
assigns or successors thereto.
16E2
"County" means Collier County, Florida, a political subdivision of the State of
Florida.
"County Administrator" means the County Administrator of the County and such
other person as may be duly authorized to act on his or her behalf.
"Designated Revenues" means (1) Public Agency Moneys budgeted and
appropriated for purposes of payment of the Loan Repayments and any other amounts due
under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof.
"Draw Date" has the meaning set forth in the Loan Agreement.
"Finance Director" means the Director of Finance and Accounting and such other
person as may be duly authorized to act on his or her behalf.
"Loan No. A-17-1" means the Loan designated as "Loan No. A-17-1" the proceeds
of which are to be used to finance Project A-17.
"Loan" means the loan to be made by the Commission to the County from proceeds
of the Series A Notes in accordance with the terms of this Resolution and of the Loan
Agreement.
"Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between
the County and the Commission, as amended and supplemented and as the same may be
further amended and supplemented.
"Loan Rate" has the meaning set forth in the Loan Agreement.
"Loan Repayments" or "Repayments" means the payments of principal and
interest at the Loan Rate on the Loan amounts payable by the County pursuant to the
provisions of the Loan Agreement and all other payments, including Additional Payments,
payable by the County pursuant to the provisions of the Loan Agreement.
"Non-Ad Valorem Revenues" means all legally available revenues of the County
derived from any source whatsoever other than ad valorem taxation on real and personal
property, which are legally available to make the Loan Repayments required in the Loan
Agreement, but only after provision has been made by the County for the payment of
services and programs which are for essential public purposes affecting the health, welfare
and safety of the inhabitants of the County or which are legally mandated by applicable law.
2
16E2
"Program" means the Pooled Commercial Paper Loan Program established by the
Commission.
"Project A-17" means the costs and expenses relating to the acquisition and
construction of certain improvements to and upgrades for the County's 800 MHZ
communication system, as the same may be amended or modified from time to time, all as
more particularly described in the plans and specifications on file with the County.
"Public Agency Moneys" shall mean the moneys budgeted and appropriated by the
County for payment of the Loan Repayments and any other amounts due hereunder from
Non-Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate
such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement.
"Resolution" means this Resolution, as the same may from time to time be amended,
modified or supplemented.
"Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series
A (Governmental Issue), to be issued from time to time by the Commission.
The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms,
shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption
of this Resolution; and the term "hereafter" shall mean after the date of adoption of this
Resolution.
Words importing the masculine gender include every other gender.
Words importing the singular number include the plural number, and vice versa.
SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is
adopted pursuant to the provisions of the Act.
SECTION 3.
that:
FINDINGS. It is hereby ascertained, determined and declared
(A) The Commission has been established for the principal purpose of issuing
commercial paper notes in order to provide funds to loan to public agencies, such as the
County, desiring to finance and refinance the cost of acquiring, constructing and equipping
capital improvements and to finance and refinance other governmental needs.
(B) In furtherance of the foregoing, the Commission shall issue, from time to time,
commercial paper notes to be known as "Florida Local Government Finance Commission
16E2
Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds
of such Series A Notes to public agencies, including the County.
(C) Pursuant to the authority of the Act, the Commission has agreed to loan, from
time to time, to the County such amounts as shall be authorized herein and in the Loan
Agreement in order to enable the County to finance, reimburse or refinance the cost of
acquisition, construction and equipping of capital improvements.
(D) There is presently a need by the county to finance Project A-17 and the most
cost-effective means by which to finance Project A-17 is by the use of moneys obtained
pursuant to the Program by means of the Loan.
(E) The County hereby determines that the provision of funds by the Commission
to the County in the form of Loan No. A-17-1 pursuant to the terms of the Loan Agreement
and the financing of Project A-17 will assist in the development and maintenance of the
public welfare of the residents of the County, and shall serve a public purpose by improving
the health and living conditions, and providing governmental services, facilities and
programs and will promote the most efficient and economical development of such services,
facilities and programs.
(G) Loan No. A-17-1 shall be repaid solely from the Designated Revenues. Such
Designated Revenues shall include moneys derived from a covenant to budget and
appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of
the County will never be necessary or authorized to make the Loan Repayments.
(H) Due to the potential volatility of the market for tax-exempt obligations such as
the Note or Notes to be issued evidencing Loan No. A-17-1, the complexity of the
transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best
interest of the County to deliver the Note or Notes to the Commission pursuant to the
Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the
County to utilize the Program in which it participates from time to time and to enter the
market at the most advantageous time, rather than at a specified advertised date, thereby
permitting the County to obtain the best possible price, issuance costs and interest rate for
such Note or Notes.
SECTION 4. TERMS OF LOANS. The County hereby approves of Loan
No. A-17-1 in the aggregate amount of not exceeding $1,565,000 for the purpose of
providing the County with sufficient funds to finance Project A-17. The Chairman and the
Clerk are hereby authorized to execute, seal and deliver on behalf of the County a Loan Note
or Notes with respect to Loan No. A-17-1 and other documents, instruments, agreements and
certificates necessary or desirable to effectuate Loan No. A-17-1 as provided in the Loan
4
16E2
Agreement. The Loan Note or Notes with respect to Loan No. A- 17-1 shall reflect the terms
of such Loan and shall be substantially in the form attached to the Loan Agreement as
Exhibit I. The Finance Director shall make the Draw Request or Requests with respect to
Loan No. A- 17-1 in accordance with the terms of the Loan Agreement at such time as shall
be determined by the Finance Director as appropriate to finance Project A-17 and is
permitted by the Loan Agreement. Loan No. A-17-1 shall mature in accordance with the
provisions described in Schedule I attached hereto or in such other amounts and at such other
times as the Finance Director may determine. Loan No. A-17-1 shall bear interest at the
Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees
to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement.
The Letter of Credit fees for Loan No. A-17-1 shall be 30 basis points or such other amount
as First Union National Bank and the Finance Director shall agree.
SECTION 5. AUTHORIZATION OF PROJECT A-17. The County does
hereby authorize the acquisition and construction of Project A-17.
SECTION 6. SECURITY FOR THE LOAN. The County's obligation to
repay Loan No. A-17-1 will be secured by a pledge of and lien upon the Designated
Revenues in accordance with the terms of the Loan Agreement. The obligation of the
County to repay Loan No. A-17-1 shall not be deemed a pledge of the faith and credit or
taxing power of the County and such obligation shall not create a lien on any property
whatsoever of or in the County other than the Designated Revenues.
SECTION 7. GENERAL AUTHORITY. The members of the Board and the
officers, attorneys and other agents or employees of the County are hereby authorized to do
all acts and things required of them by this Resolution and the Loan Agreement, or desirable
or consistent with the requirements of this Resolution and the Loan Agreement, for the full
punctual and complete performance of all the terms, covenants and agreements contained in
this Resolution and the Loan Agreement, and each member, employee, attorney and officer
of the County or its Board is hereby authorized and directed to execute and deliver any and
all papers and instruments and to do and cause to be done any and all acts and things
necessary or proper for carrying out the transactions contemplated by this Resolution and the
Loan Agreement.
SECTION 8. SEVERABILITY. If any one or more of the covenants,
agreements or provisions herein contained shall be held contrary to any express provision of
law or contrary to the policy of express law, though not expressly prohibited, or against
public policy, or shall for any reason whatsoever be held invalid, then such covenants,
agreements or provisions shall be null and void and shall be deemed separable from the
remaining covenants, agreements or provisions and shall in no way affect the validity of any
of the other provisions hereof.
16E2
SECTION9. REPEAL OF INCONSISTENT RESOLUTIONS. All
resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the
extent of such conflict.
SECTION 10. EFFECTIVE DATE.
immediately upon its adoption.
This Resolution shall take effect
DULY ADOPTED this /q~day of
2000.
Attest as to Chairman'S
signature ~15.
ATTEST:.
DWIGHT E. BROCK, CLERK
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~
, Chairman
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Thomas C. Palmer,
Assistant County Attorney
6
FORMAL AGRI=I=MI=NT 1 6 E 2
DIGITAL UPGRADE OF COLLIER COUNTY 800 MHz SYSTEM
(PURCHASE ORDER # 102592)
This Agreement, dated April 18, 2001, is by and between Com-Net
Ericsson Critical Radio Systems, Inc. (referred to herein as "the
Vendor") and Collier County, Florida (referred to herein as "the
County").
1. On November 14, 2000, the Board of County Commissioners, on
behalf of Collier County, authorized County staff to purchase an
upgrade to the digital component of the County's 800 MHz Radio
System.
On November 30, 2000, the County issued Purchase Order
#102592 to the Vendor in the amount of $1,562,000. The Vendor
accepted the terms of the purchase order in good faith and
subsequently commenced performance in accordance with the
terms of the Purchase Order, attached hereto, which accepted and
incorporated Vendor's March 3, 2000 offer letter based upon
Vendor's standard terms and conditions (ECR-4588D).
To date, the Vendor has furnished and installed 400 mobile [adio
upgrades, delivered 550 portable radios, and completed an
upgraded to the dispatch component of the County's radio system.
The remainder of work includes an estimated 271 radio upgrades
and replacement of 250 radios.
Pursuant to the terms of the Board's action, this agreement,
signed by the Chairman of the Board of County Commissioners, is
required in addition to the referenced Purchase Order.
Vendor's terms as accepted by and incorporated into the subject
Purchase Order, attached hereto, are incorporated into this
Agreement
6. This Board has appropriated the funds necessary to fully fund this
Agreement.
16E2":
IN WITNESS WHEREOF, the Contractor and the County, have each,
respectively, by an authorized person or agent, hereunder set their
hands and seals.
,'r'i~ck, Clerk of Courts
By:
BOARD OF COUNTY COMMISSIONERS,
COLLIER CO~~DA ~
Jam~,~. Carter~ Ph.~.,'-~_,hairma
Attest ae to Cketrmn's
First Witness
?Type/print witness name'S'
- SeCond Witness
?Type/~rint witness namer
Approved as to form and
Legal sufficiency.: ~
Tho~s ~ Palmer,
Assistant County Attorney
Com-Net
Systems, I/p~. ,"Contractor.~
Signature
Ericsson Critical Radio
(L.S.)
Michael D. Milas
Collier County Project Manager
16E2
SCHEDULE I
PROPOSED LOAN REPAYMENT SCHEDULE
The principal of Loan No. A-17-1 shall be repaid as follows:
December 4, 2001
December 3, 2002
December 2, 2003
December 7, 2004
December 6, 2005
$313,000
313,000
313,000
313,000
313,000
Interest on the Loan shall
provisions of the Loan Agreement.
with the Loan Agreement.
be paid monthly in accordance with the terms and
Additional Payments shall also be made in accordance