Backup Documents 02/27/2018 Item #16C 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 b C
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
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 SRT 2/27/18
4. BCC Office Board of County ,\S
Commissioners Jets 3-a'�g
5. Minutes and Records Clerk of Court's Office
31,11c% Lrotykk
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 Joe Bellone/Utilities Finance and Contact Information 239-252-2351
Contact/Department Operations
Agenda Date Item was February 27,2018 ✓ Agenda Item Number 16C6
Approved by the BCC lJl
Type of Document Resolution re-affirming authorizing the closing Number of Original 1
Attached of the acquisition of the Real and Personal Documents Attached
Property constituting the Golden Gate City
System owned by the Florida Governmental
Utility Authority by Collier County Water Sewer
District
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 STAMP OK N/A
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 2/27/2018 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 �t
Chairman's signature.
16C 6
Martha S. Vergara
From: Martha S. Vergara
Sent: Friday, March 02, 2018 4:41 PM
To: Bellone, Joseph
Cc: Teach, Scott
Subject: Resolution 2018-28 (Agenda Item #16C6 from the 2/27/18 BCC Meeting)
Attachments: Resolution 2018-028.pdf
Hello Joe & Scott,
Attached for your records is a scanned copy of the referenced document.
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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1C
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
RESOLUTION NO. 2018- 2 8
A RESOLUTION OF THE BOARD OF COUNTY COMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BOARD OF COLLIER COUNTY, FLORIDA, AND EX-
OFFICIO AS THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT DIRECTING AND AUTHORIZING THE CLOSING OF THE ACQUISITION OF
THE REAL AND PERSONAL PROPERTY CONSTITUTING THE GOLDEN GATE SYSTEM
CURRENTLY OWNED BY THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY TO
PROVIDE WATER AND WASTEWATER SERVICES IN COLLIER COUNTY,FLORIDA,IN
THE GOLDEN GATE COMMUNITY.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY,FLORIDA,AND EX-OFFICIO AS THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT as follows:
SECTION 1. AUTHORITY. Pursuant to Chapter 125, Florida Statutes, and Chapter 2003-353,
Laws of Florida, the Board of County Commissioners (the "Board") of Collier County, Florida,
and ex-officio as the governing board of the Collier County Water-Sewer District (collectively,
the "County"), passed Resolution 2017-222 finding, among other things, the acquisition by the
County of the Golden Gate System to be in the public interest, approving required financing for
the acquisition and authorizing staff to conduct final due diligence and, should such activities
continue to indicate that the acquisition is in the public interest,take such further steps as necessary
to close on the acquisition.
SECTION 2. RE-AFFIRMATION OF AUTHORIZATION TO CLOSE AFTER FINAL
DUE DILIGENCE. County staff and experts have advised the Board that due diligence activities
deemed necessary by the County have been completed. After due consideration of the facts and
circumstances involved in this acquisition as revealed by the County's due diligence, and having
held the required hearing and passed necessary resolutions in regard to the analysis and financing
of the acquisition,the Board re-affirms its findings confirming that closing of the acquisition is in
the public interest and re-affirms the authorization of the Chair, Vice-Chair or their designee to
sign all instruments reasonable and necessary to close the acquisition including,but not limited to,
necessary financing and title conveyance documents.
SECTION 3. APPROVAL OF RATES. The Board previously has found that the provision of
water and wastewater utility services in the Golden Gate community by the County constitutes a
public purpose and is in the best interests of the health, safety and welfare of the County and its
inhabitants. The schedule of rates and charges effective as of the date of the Golden Gate System
acquisition and transition into CCWSD shall be those rates identified in the notice to customers
16C b
delivered in relation to the hearing held by the Board on November 14, 2017, and considered by
the Board in making its finding that the acquisition is in the public interest. Such rates are the same
rates currently in effect and being charged to CCWSD customers pursuant to Uniform Billing
Ordinance 2013-44 and County Resolution 2017-168, as amended, and the Board hereby re-
affirms that such rates, fees and charges are adopted for the Golden Gate System as of closing of
the acquisition.
SECTION 4. FINAL DUE DILIGENCE. At the Board's direction, County staff and experts
have conducted due diligence activities deemed necessary to protect the County's interests in this
acquisition including appraisals, surveys, environmental site assessments, environmental and
permit compliance investigations and title verification activities. With the exception of
environmental compliance issues disclosed by FGUA,which the County expects to remedy shortly
after closing, predominantly by interconnecting the existing FGUA water distribution system to
the County's water system; the existence of an encroachment and easement, and associated
reservation of easement, for drainage and power line facilities related to certain water facilities,
which Staff has determined do and shall not interfere with the County's operation of the facilities;
and no further issues having been disclosed by FGUA or discovered by Staff or the County's
experts, having completed such due diligence Staff and the County's experts re-affirm the
recommendation to proceed to closing. The Board hereby re-affirms such directions and
authorizations as provided in its prior Resolutions.
SECTION 5. AGREEMENTS TO BE ASSIGNED TO COUNTY. The Transition Agreement
requires the County to accept assignment from FGUA of outstanding obligations identified in
certain appendices to the Agreement. County staff has reviewed each agreement and notes the
following material facts for the Board: (a) County shall accept assignment of certain operations
and customer service agreements with US Water/Wade Trim identified in Appendix H, nos. 1-4,
however, the operator has agreed to permit the County to terminate the agreements early, without
penalty or payment of early termination fee such that the operator likely will perform such services
for the County up to six months from the transfer date; (b) County shall not accept assignment of
the management services agreement with Government Services Group identified in Appendix H,
nos. 5-6, but rather the early termination fee provided for in such agreement shall be paid to
Government Services Group at closing; (c) the County will accept assignment of a 5 year lease
(approximately 20 months expired) with Parkway Promenade identified in Appendix I, no. 4, for
space which the County has determined is not required, therefore, the County will seek early
termination or sub-lease of the space; and (d) County shall accept assignment of a Guaranteed
Energy, Water and Wastewater Performance Savings Contract identified in Appendix I,no. 3, for
the duration of the agreement since it is anticipated that the service performed shall serve as a pilot
project for potential expansion to other County facilities and systems if the contractor is successful
in achieving cost savings and efficiencies indicated in the agreement. The Board hereby confirms
the reasonableness of these actions proposed by Staff and its experts and directs that such actions
be taken consistent with the closing of the acquisition.
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16C 6
SECTION 6. APPLICABILITY AND EFFECTIVE DATE. This Resolution shall be
liberally construed to affect the purposes hereof and shall take effect immediately upon its
adoption.
PASSED AND DULY ADOPTED at the meeting of the Board of County Commissioners of
Collier County, Florida, and acting as the Ex-Officio Board of the Collier County Water-Sewer
District on the 27th day of February, 2018.
.51;511�,IIIItlr;
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER
COUNTY AND EX-OFFICIO BOARD OF
THE COL ' COUNTY WATER-
SEWER D : RI
By:
Andy Solis, Chairman
ATTEST:
DWIGHT E:BROC•K, Clerk
9
By. , - /�
Attest as to Chain*. 1` k �
signature-only.
A pro •d as to form and legality:
UM' 01
Sco R. eac
Deputy County Attorney
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