Backup Documents 01/09/2018 Item #16C 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 b C 3
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. /
**NEW**ROUTING SLIP FE lflfl/ 171 1/30Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with e
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 SRT 1/09/1%
4. BCC Office Board of County
Commissioners XS/ \q 1t
5. Minutes and Records Clerk of Court's Office
M1-1 L ! 3:3014K
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 Scott Teach/County orney's Office Contact Information 239-252-84
Contact/Department
Agenda Date Item was January 9,2018 Agenda Item Number 16C3
Approved by the BCC
Type of Document First Amendment to the Utility System Number of Original 1
Attached Transition Agreement between the Collier Documents Attached
County Board of County Commissioners,
PO number or account N/A
number if document is
to be recorded
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 ORIGINAL SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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 SRT
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 SRT
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 SRT
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 SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 1/09/2017 and all changes made during SRT
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
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 the
Chairman's signature.
***Please email an executed copy to Bill Garner at bgarner@ngn-tally.com, and overnight FedEx a
copy with the materials provided. Thank you.***
16C 3
Martha S. Vergara
From: Martha S. Vergara
Sent: Wednesday,January 10, 2018 11:17 AM
To: 'bgarner@ngn-tally.com'
Cc: Teach, Scott; 'HayesJessica'
Subject: Amendment to the Utility System Transition Agreement - FGUA
Attachments: Bill Garner.pdf
Hello Bill, Jessica & Scott,
Attached for your records is a scanned copy of the aforementioned agreement that is being sent
via FedEx today.
Please return the original for recording in the official records, once it's recorded our office will
forward a recorded copy as well.
Our office has provided an envelope for your convenience.
Thanks,
Martha Vergara, BMR Senior Clerk.
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
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16C 3
County- ofCollir
CLERK OF THE CfP..CUI COURT
COLLIER COUNTY C4LIRTHO SE
X51
Dwight E. Brock-Clerkpf Circuit Court
3315 TAMIAMI TRL E STE 102 P.O.BOX 413044
NAPLES,FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditor • Custodian of County Funds
January 10, 2018
FGUA
Attn: William C. Garner
1500 Mahan Drive
Suite 200
Tallahassee, FL 32308
Re: Amendment to the Utility System Transition Agreement between the
BCC as the and Ex-Officio as the Governing Board of the Collier
County Water-Sewer District and The Florida Governmental Utility
Authority
Transmitted herewith is one (1) original agreement and one (1) certified copy of the
agreement above, as adopted by the Collier County Board of County Commissioners of
Collier County, Florida on Tuesday, January 9, 2018, during Regular Session.
Please return the original for recording in the Official Land Records of Collier
County, and the certified copy is for your records. An envelope has been provided for
your convenience.
Very truly yours,
DWIGHT E. BROCK, CLERK
Martha Vergara, Dep ty\ Clem-
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com
6C
INSTR 5504946 OR 5473 PG 1936
RECORDED 2/212018 1:37 PM PAGES 5
DWIGHT E. BROCK,CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$44.00
FIRST AMENDMENT TO THE UTILITY SYSTEM TRANSITION AGREEMENT
BY AND BETWEEN
THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AS THE
GOVERNING BOARD OF COLLIER COUNTY, FLORIDA,
AND EX-OFFICIO AS THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT
AND
THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY
This First Amendment to the Utility System Transition Agreement ("Transition
Agreement") is made, entered into and effective on the last date of execution by the parties as
provided below, by and between the Collier County Board of County Commissioners (the
"Board"), as the governing board of Collier County, Florida, and ex-officio as the governing
board of the Collier County Water-Sewer District, a political subdivision of the State of Florida
and a body corporate and politic created by special law, as codified in Chapter 2003-353, Laws
of Florida (collectively, "CCWSD"), and the Florida Governmental Utility Authority, a public
body and legal entity created by interlocal agreement pursuant to section 163.01(7)(g), Florida
Statutes("FGUA").
WHEREAS, on November 14, 2017, the Board held a hearing, considered the requisite
factors and made the required findings in determining that the acquisition of the Golden Gate
System by the CCWSD from the FGUA in a manner consistent with the terms of the Transition
Agreement was in the public interest and authorized the Board Chair to sign the Transition
Agreement; and
WHEREAS, on November 16, 2017, the Board of the Florida Governmental Utility
Authority held a hearing, considered the requisite factors and made the required findings in
determining that the sale of the Golden Gate System by the FGUA to the CCWSD in a manner
consistent with the Transition Agreement was in the public interest and authorized the FGUA
Chair to sign the Transition Agreement; and
WHEREAS,the Transition Agreement was subsequently duly signed by the Board Chair
and the FGUA Board Chair and became effective as of November 16, 2017; and
WHEREAS, the Transition Agreement requires the FGUA to transfer to the CCWSD on
the Transfer Date a sum of money equivalent to the dollar amount of customer deposits held by
the FGUA for the Golden Gate System, and requires the CCWSD to assume the obligation to
return to customers their deposits after the Transfer Date; and
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WHEREAS, the CCWSD does not in its normal course of business collect and maintain
customer deposits as security for payment of customer accounts, and does not have a ready
procedure to allow for the return of such deposits to customers after transfer from the FGUA;
and
WHEREAS, the CCWSD and the FGUA each wish to amend the Transition Agreement
to change the process for returning to customers the customer deposits previously collected from
them pursuant to FGUA policies and procedures;
NOW, THEREFORE, for and in consideration of the mutual premises set forth above
and the covenants, obligations, duties and benefits herein set forth, the CCWSD and the FGUA
agree to amend the Transition Agreement as follows:
Article I
Section 3.03 of the Transition Agreement currently states:
Section 3.03. ACCOUNTS RECEIVABLE; CUSTOMER DEPOSITS.
(A) The FGUA and the CCWSD agree to cooperate to ensure.an orderly transition of
all FGUA customers with respect to billing and customer service activities including, but not
limited to, working together to achieve a compatible format for transfer of customer data.
(B) The parties agree that on and after the Transfer Date, the CCWSD will be entitled
to all customer billings not previously collected by the FGUA with respect to water and
wastewater collection and treatment services previously rendered by the FGUA, including
uncollected revenue from the last FGUA billing period before the Transfer Date, and all
subsequent billing periods after the Transfer Date.
(C) The CCWSD and the FGUA agree that customer confusion concerning the
transition of the Golden Gate System to the CCWSD ownership will be reduced if the customers
receive their initial bill for services rendered by the CCWSD (the "Initial Bill") in the same
billing cycle previously used by the FGUA. To avoid customers receiving two bills, one from the
FGUA and one from the CCWSD, for services rendered during the final billing cycle under
FGUA ownership, the CCWSD and the FGUA agree that the CCWSD shall initially read
customer meters on the date or dates indicated by the FGUA's established billing cycle and the
CCWSD shall render the associated bill as the CCWSD's initial bill to customers (the "Initial
Bill"). The CCWSD shall retain all revenue received from the Initial Bill and shall be liable for
payment of any unpaid fees and costs incurred by the FGUA through the Transfer Date in its
provision of water and wastewater service to customers served by the Golden Gate System, as
provided by section 3.01(D) of this Transition Agreement.
(D) On the Transfer Date, the FGUA shall transfer to the CCWSD a sum of money
equivalent to the dollar amount of customer deposits held by the FGUA for the Golden Gate
System. As the CCWSD does not collect and retain customer deposits, the CCWSD will assume
the obligation to return said customer deposits to those customers of the Golden Gate System
that had paid them.
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(E) If the FGUA receives a payment after the Transfer Date from a former customer
of the Golden Gate System, such payment shall be delivered to the CCWSD within seven (7)
business days of the FGUA's receipt of such payment, without any right of setoff.
Section 3.03(D) shall be deleted in its entirety and shall be replaced to read as follows:
(D) As the CCWSD does not collect and retain customer deposits, the FGUA
shall credit all FGUA-collected customer deposits as payment against the
applicable customer's final billing statement rendered by the FGUA to its
customers prior to March 1, 2018. If the amount of a customer's deposit as of the
final payment exceeds the amount due on the FGUA's final billing statement,
such amount will be shown as a credit balance or overpayment for such account
within the Accounts Receivable ledger. After all customer deposits have been
applied as payments towards the customers' final billing statements, prior to
March 1, 2018, the cash balance associated with customer deposits held at Wells
Fargo Bank under the account name WF CUST DEPOSITS, with the account
number ending in 7707, will be transferred to the FGUA's Golden Gate
unrestricted cash account held at Wells Fargo Bank under the name CSH GG
REVENUE, with the account number ending in 4102. The FGUA will on the
Transfer Date provide to CCWSD the balance of the customers' accounts as
reflected within the Accounts Receivable ledger after application of the final
billing statement.
Article II
CCWSD and FGUA acknowledge and agree that except for the amendment to section 3.03(D)
identified in Article I of this First Amendment, no other terms of the Transition Agreement are
being amended hereby and no other terms shall be amended or modified unless expressly agreed
to by the parties in a further written amendment.
(Signatures on following pages)
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IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, as
the governing board of Collier County, Florida, and ex-officio as the governing board of the
Collier County Water-Sewer District, has caused this First Amendment to the Utility System
Transition Agreement to be executed and delivered this 9th day of January, 2018.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, as the governing
board of Collier County, Florida, and ex-officio
as the governing board of the COLLIER
COUNTY WATER-SEWER DISTRICT
By: 4
Penny T lor, V4 , rman
ATTEST: .
DWIGHT E. BROCK, Clerk
BY tar:
Deputy Clerk Attest1:1 o Ch *'S
Ao ed as to rm �['il:...RPY'
SSc . Teach, Deputy County Attorney
4 0
16C 3
IN WITNESS WHEREOF, the Florida Governmental Utility Authority has caused this
First Amendment to the Utility System Transition Agreement to be executed and delivered this
19th day of January, 2018.
FLORIDA GOVERNMENTAL UTILITY AUTHORITY
By: 06_a_a,ikAk aL(1^-/LeA..k
Lea Ann Thomas, Chair
ATTEST:
Secretary-Treasurer
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