Backup Documents 06/08/2021 Item #11G ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 = G
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office �� ' I r_- .62(
4. BCC Office Board of County Tl f,,
Commissioners lSl Ad (
5. Minutes and Records Clerk of Court's Office
KS lo &?I oS1
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Debra Windsor, OMB Phone Number 252-8973
Contact/ Department
Agenda Date Item was 6/8/21 Agenda Item Number II G
Approved by the BCC
Type of Document Resolution—Pelican Bay Commercial Number of Original -6
Attached Paper Loan Program Documents Attached
PO number or account n/a Need 3 Certified Copies
number if document is
to be recorded aca ( •-i i
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? DW
2. Does the document need to be sent to another agency for additional signatures? If yes, DW
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be DW
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's DW
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the DW
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DW
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip DW
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6/8/21 and all changes made during the DW N/A is riot
meeting have been incorporated in the attached document. The County Attorney's an4hop for
Office has reviewed the changes, if applicable. this`-1iem
9. Initials of attorney verifying that the attached document is the version approved by the ,,��
BCC,all changes directed by the BCC have been made,and the document is ready for to1•O)14.00•
Chairman's signature. 114,
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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MEMORANDUM
Date: June 25, 2021
To: Debra Windsor, Operations Coordinator
Office of Management & Budget
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2021-118: Authorizing the County's borrowing an
amount not exceeding $10,000,000 under the Florida Local
Government Finance Commission's Pooled Commercial Paper
Loan Program for the purpose of constructing various capital
improvements within the Pelican Bay MSTU&BU
Attached, for further distribution are two (2) originals and one (1) certified copy of
the Resolution referenced above, (Item #11G) adopted by the Board of County
Commissioners on Tuesday, June 8, 2021.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachments (3)
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RESOLUTION NO. 2021- 118
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT
EXCEEDING $10,000,000 FROM THE POOLED
COMMERCIAL PAPER LOAN PROGRAM OF THE
FLORIDA LOCAL GOVERNMENT FINANCE
COMMISSION PURSUANT TO THE TERMS OF THE
LOAN AGREEMENT AMONG THE COUNTY,
JPMORGAN CHASE BANK, N.A., AND THE
COMMISSION IN ORDER TO FINANCE COSTS OF
VARIOUS CAPITAL IMPROVEMENTS WITHIN THE
PELICAN BAY MUNICIPAL SERVICES TAXING AND
BENEFIT UNIT, INCLUDING THE REIMBURSEMENT
OF ANY EXPENSES PREVIOUSLY INCURRED BY THE
COUNTY IN CONNECTION THEREWITH;
AUTHORIZING THE EXECUTION OF A LOAN NOTE
OR LOAN NOTES TO EVIDENCE SUCH BORROWING
AND AGREEING TO SECURE SUCH BORROWING
WITH A COVENANT TO BUDGET AND APPROPRIATE
LEGALLY AVAILABLE NON-AD VALOREM
REVENUES OF THE COUNTY, ALL 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 otherwise 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 of law.
"Additional Payments" means the payments required to be made by the Public
Agency pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05, 6.06(e) and 8.04 of the Loan
Agreement.
"Bank" means JPMorgan Chase Bank, N.A., and any successors thereto.
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"Board" means the Board of County Commissioners of the Public Agency.
"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 Public Agency, 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.
"County Manager" means the County Manager of the Public Agency and any
designee of the County Manager.
"Designated Revenues" means (1) the Public Agency Moneys, and (2) the
proceeds of the Loan pending the application thereof
"Loan" means the loan to be made by the Commission to the Public Agency 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 30, 2018,
among the Public Agency, the Commission and the Bank, as the same may be 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 on the Loan Amounts payable by the Public Agency pursuant to the provisions of
the Loan Agreement and all other payments, including Additional Payments, payable by
the Public Agency pursuant to the provisions of the Loan Agreement.
"Non-Ad Valorem Revenues" means all legally available revenues of the Public
Agency 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.
"Program" means the Pooled Commercial Paper Loan Program established by
the Commission for which the Bank currently provides the Credit Facility.
"Project A-2" means the acquisition, construction and equipping of various
sidewalk, lake bank and maintenance building improvements and other capital
improvement projects within the Pelican Bay Municipal Services Taxing and Benefit
Unit within the Public Agency, as more particularly described in the plans and
specifications on file with the Public Agency, and as the same may be amended or
modified from time to time.
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"Public Agency" means Collier County, Florida, a political subdivision of the
State of Florida.
"Public Agency Moneys" shall mean the moneys budgeted and appropriated by
the Public Agency from Non-Ad Valorem Revenues for payment of the Loan
Repayments pursuant to the Public Agency'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. FINDINGS. It is hereby ascertained, determined and
declared that:
(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
Public Agency, desiring to finance the cost of acquiring, constructing and equipping
capital improvements and to finance 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 Pooled Commercial Paper Notes, Series A (Governmental Issue)" pursuant
to the Program and shall loan the proceeds of such Series A Notes to public agencies,
including the Public Agency.
(C) Pursuant to the authority of the Act, the Commission has agreed to loan,
from time to time, to the Public Agency such amounts as shall be authorized herein and
in the Loan Agreement in order to enable the Public Agency to finance, refinance and/or
reimburse the costs of the acquisition, construction and equipping of various capital
improvements and other Public Agency Expenses, including the Project A-2, and the
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Public Agency desires to borrow such amounts from the Commission subject to the terms
and conditions of the Loan Agreement.
(D) There is presently a need by the Public Agency to finance the acquisition,
construction and equipping of the Project A-2 and the most cost-effective means by
which to finance the Project A-2 is by use of moneys obtained pursuant to the Program
by means of the Loan.
(E) The Public Agency hereby determines that the provision of funds by the
Commission to the Public Agency in the form of the Loan pursuant to the terms of the
Loan Agreement and the financing of the Project A-2 will assist in the development and
maintenance of the public welfare of the residents of the Public Agency, 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.
(F) The Loan shall be repaid solely from the Designated Revenues as provided
in the Loan Agreement. The ad valorem taxing power of the Public Agency will never be
necessary or authorized to make the Loan Repayments.
(G) Due to the potential volatility of the market for tax-exempt obligations such
as the Note or Notes to be issued evidencing the Loan, 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 Public Agency 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 Public Agency 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 Public Agency to obtain the best possible price, issuance costs and
interest rate for such Note or Notes.
SECTION 4. TERMS OF LOAN. The Public Agency hereby approves of
the Loan in an aggregate principal amount of not exceeding $10,000,000 for the purposes
of providing the Public Agency with sufficient funds to finance the Project A-2. The
Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of
the Public Agency a Loan Note or Notes and other documents, instruments, agreements
and certificates necessary or desirable to effectuate the Loan as provided in the Loan
Agreement. The Loan Notes shall reflect the terms of the Loan or draws made on
account of the Loan and shall be substantially in the form attached to the Loan
Agreement as Exhibit D. The County Manager shall determine the amount of funding of
the Loan in accordance with the terms of the Loan Agreement as shall be determined
necessary to finance the Project A-2. The repayment of the Loan or the draws made on
account of the Loan shall be made at such time or times as shall be determined by the
County Manager and shall be permitted by the Loan Agreement and set forth in the Loan
Notes; provided, however, the final maturity may not be later than five (5) years from the
date of issuance. The Loan is subject to mandatory prepayment in accordance with
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Section 5.06 of the Loan Agreement. Draws made in regard to the Loan shall bear
interest at the Loan Rate in accordance with the terms of the Loan Agreement. The
Public Agency further agrees to make all Loan Repayments required of it pursuant to the
terms of the Loan Agreement. The letter of credit fee with respect to the Loan shall equal
such amount as may be agreed upon between the County Manager and the Bank so long
as such fee does not exceed 110 basis points.
SECTION 5. AUTHORIZATION OF PROJECT A-2. The Public
Agency does hereby authorize Project A-2 as described herein and the reimbursement of
any costs incurred by the Public Agency with respect to Project A-2 within the prior 60
days that are approved by bond counsel to the Program.
SECTION 6. SECURITY FOR THE LOAN. The Public Agency's
obligation to repay the Loan 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
Public Agency to repay the Loan shall not be deemed a pledge of the faith and credit or
taxing power of the Public Agency and such obligation shall not create a lien on any
property whatsoever of or in the Public Agency other than the Designated Revenues.
SECTION 7. RESOLUTION TO CONSTITUTE CONTRACT. In
consideration of the making of the Loan by the Commission, this Resolution shall be
deemed to be and shall constitute a contract between (i) the Public Agency and (ii) the
Commission and the Bank.
SECTION 8. GENERAL AUTHORITY. The members of the Board and
the officers, attorneys and other agents or employees of the Public Agency 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 Public Agency 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 9. 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.
SECTION 10. REPEAL OF INCONSISTENT RESOLUTIONS. All
resolutions or parts thereof in conflict herewith which seek short-term financing of the
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Project A-2 of the Program are hereby superseded and repealed to the extent of such
conflict.
SECTION 11. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
DULY ADOPTED, in Regular Session this :th day of June, 2021.
COLLI : :JAUNTY, FL D
(SEAL) f
n,? 9� Chairman, Boar of County ommissioners
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C;1�e`r s a Car ins
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Approved .. to orm and Legal
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County
Item# 16_. 1
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