Backup Documents 05/08/2012 Item #16C 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI
I C
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper.Attach to original document Original documents should he hand delivered to the Board Office.The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through#4 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#4,complete the checklist,and forward to Sue Filson(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
/t,
4. Jennifer White,Assistant County County Attorney's Office
Attorney
5. Ian Mitchell,Executive Manager BCC Board of County Commissioners o/1
6. Minutes and Records Clerk of Court's Office
51 to ru
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.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,including Ian Mitchell needs to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Laura Zautcke, Sr. Management and Budget Phone Number 252-2539
Contact Analyst
Agenda Date Item was 05/08/12 Agenda Item Number 16 C.2
Approved by the BCC
Type of Document Amendment Number of Original Three
Attached Documents Attached
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. Original document has been signed/initialed for legal sufficiency. (All documents to be LZ
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions,etc. signed by the County Attorney's Office and signature pages from
contracts, agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's LZ
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the LZ
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LZ
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip LZ
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
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!
6. The document was approved by the BCC on 05/8/12 and all changes made during the LZ
meeting have been incorporated in the attached document.The County Attorney's
Office has reviewed the changes,if applicable.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05
08-MGR-00132/33
MEMORANDUM
Date: May 11, 2012
16C 2 '
To: Laura Zautcke,
Sr. Management & Budget Analyst, Utilities Finance
Ops.
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Drinking Water State Revolving Fund Amendment #1 to
Loan Agreement DW1111 010 — Collier County
Enclosed for your records you will find three (3) original documents, as
referenced above, (Agenda Item #16C2) adopted by the Board of County
Commissioners on Tuesday, May 8, 2012.
Please return a fully executed ORIGINAL to the Minutes & Records
Deparment where it will be kept as part of the Board's Official
Records.
If you should have any questions, please contact me at 252 -7240.
Thank you.
16C 2"
DRINKING WATER STATE REVOLVING FUND
AMENDMENT 1 TO LOAN AGREEMENT DW1111010
COLLIER COUNTY
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and COLLIER COUNTY, FLORIDA, (Project
Sponsor) existing as a local government agency under the laws of the State of Florida.
WITNESSETH:
WHEREAS, the Department and the Project Sponsor entered into a Drinking Water State
Revolving Fund Loan Agreement, Number DW1111 010, authorizing a Loan amount of
$3,200,000, excluding Capitalized Interest; and
WHEREAS, the Loan amount and Project costs need adjustment to reflect actual costs; and
WHEREAS, the Semiannual Loan Payment amount needs revision to reflect adjustment of the
Loan Amount and the five Semiannual Loan Payments made to date; and
WHEREAS, revised provisions for audit and monitoring are needed.
NOW, THEREFORE, the parties hereto agree as follows:
1. The Loan amount is hereby reduced by $368,002, and the adjusted total disbursed
Loan amount is $2,831,998.
2. The Loan Service Fee is $64,000.00, and capitalized Loan Service Fee interest is
$1,320.85.
3. The total amount to repay is $2,929,457.84, which consists of $2,831,998.00 disbursed
to the Project Sponsor, $32,138.99 of accrued Capitalized Interest, and $65,320.85 of Service Fee
charges.
4. The total amount remaining to repay, which amount accounts for the Department's
receipt of five Semiannual Loan Payments, is $2,583,636.25 at an interest rate of 2.79 percent per
annum.
5. The Semiannual Loan Payment amount, adjusted to account for repayments received
to date, is hereby revised and shall be in the amount of $93,803.37. Such payments shall be
received by the Department on June 15, 2012 and semiannually thereafter on December 15 and
June 15 of each year until all amounts due hereunder have been fully paid.
6. Subsections 2.03(1), (3)(a)(i), and (5) are hereby deleted and replaced as follows:
The Project Sponsor agrees to the following audit and monitoring requirements.
16C 2"
(1) The financial assistance authorized pursuant to this Loan Agreement consists of the
following:
Federal Resources, Including State Match, Awarded to the Recipient Pursuant to this Agreement Consist
of the Followin
Federal
Program
Federal
CFDA
State
Funding Appropriation
Number
A enc
Number
CFDA Title
Amount Cate o
FS984522 -080
EPA
66.468
Capitalization Grants
$2 831 998 140129
for Drinking Water
State Revolving Fund
(3) Report Submission.
(a) Copies of reporting packages for audits conducted in accordance with OMB Circular
A -133, as revised, and required by Subsection 2.03(2) of this Agreement shall be submitted,
when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the
Project Sponsor directly to each of the following:
(i) The Department at the following address:
Valerie Peacock, Audit Director
Office of the Inspector General
Florida Department of Environmental Protection
3900 Commonwealth Boulevard, MS 41
Tallahassee, Florida 32399 -3123
(5) Record Retention.
The Project Sponsor shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five years from the date the audit report is issued, and
shall allow the Department, or its designee, Chief Financial Officer, or Auditor General access to
such records upon request. The Project Sponsor shall ensure that audit working papers are
made available to the Department, or its designee, Chief Financial Officer, or Auditor General
upon request for a period of five years from the date the audit report is issued, unless extended
in writing by the Department.
The Project Sponsor is hereby advised that the Federal and /or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this
Agreement. For federal financial assistance, the Project Sponsor shall utilize the guidance
provided under OMB Circular A -133, Subpart B, Section _.210 for determining whether the
relationship represents that of a subrecipient or vendor.
The Project Sponsor should confer with its chief financial officer, audit director or
contact the Department for assistance with questions pertaining to the applicability of these
requirements.
7. The Project - specific audit required under Subsection 2.03(4) of the Agreement shall
be submitted within twelve months after the effective date of this amendment.
2
16C 2"
8. The Project Sponsor and the Department acknowledge that changes in Project costs
may occur as a result of the Project Sponsor's Project audit or a Department audit pursuant to
Chapter 62 -552 of the Florida Administrative Code. Unless this Agreement is amended
subsequent to an audit, the following Project disbursements shall be final.
CATEGORY DISBURSED($)
Construction and Demolition 2,614,841.00
Technical Services During Construction 217.157.00
SUBTOTAL
Capitalized Interest
TOTAL (Loan Principal Amount)
2,831,998.00
32,138.99
2,864,136.99
9. All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
16C
This Amendment 1 to Loan Agreement DW1111 010 shall be executed in three or more
counterparts, any of which shall be regarded as an original and all of which constitute but one
and the same instrument.
IN WITNESS WHEREOF, the Department has caused this amendment to the Loan Agreement
to be executed on its behalf by the Deputy Division Director, and the Project Sponsor has caused
this amendment to be executed on its behalf by its Authorized Representative and by its affixed
seal. The effective date of this amendment shall be as set forth below by the Deputy Director.
for
COLLIER COUNTY
IL4 W. G-A4
Fred W. Coyle
Chairman, Board of County Commissioners
Attest:
Orr
Tit1��tT E. Rd�(E -jCo Clerk
SEAL
�►tttst �s" Eo tre"
;1 �ttK't aR t yr
for
Attest as to form and legality:
�'W L• t--
County Attorney
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Deputy Director
Division of Water Resource Management
Date
2
•. 16C 2 1
DRINKING WATER STATE REVOLVING FUND
AMENDMENT 1 TO LOAN AGREEMENT DW1111 010
COLLIER COUNTY
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and COLLIER COUNTY, FLORIDA, (Project
Sponsor) existing as a local government agency under the laws of the State of Florida.
WITNESSETH:
WHEREAS,the Department and the Project Sponsor entered into a Drinking Water State
Revolving Fund Loan Agreement,Number DW1111 010, authorizing a Loan amount of
$3,200,000, excluding Capitalized Interest;and
WHEREAS, the Loan amount and Project costs need adjustment to reflect actual costs; and
WHEREAS,the Semiannual Loan Payment amount needs revision to reflect adjustment of the
Loan Amount and the five Semiannual Loan Payments made to date;and
WHEREAS,revised provisions for audit and monitoring are needed.
NOW,THEREFORE,the parties hereto agree as follows:
1. The Loan amount is hereby reduced by$368,002,and the adjusted total disbursed
Loan amount is$2,831,998.
2. The Loan Service Fee is$64,000.00,and capitalized Loan Service Fee interest is
$1,320.85.
3. The total amount to repay is$2,929,457.84,which consists of$2,831,998.00 disbursed
to the Project Sponsor,$32,138.99 of accrued Capitalized Interest,and$65,320.85 of Service Fee
charges.
4. The total amount remaining to repay,which amount accounts for the Department's
receipt of five Semiannual Loan Payments,is$2,583,636.25 at an interest rate of 2.79 percent per
annum.
5. The Semiannual Loan Payment amount,adjusted to account for repayments received
to date,is hereby revised and shall be in the amount of$93,803.37. Such payments shall be
received by the Department on June 15,2012 and semiannually thereafter on December 15 and
June 15 of each year until all amounts due hereunder have been fully paid.
6. Subsections 2.03(1), (3)(a)(i), and (5) are hereby deleted and replaced as follows:
The Project Sponsor agrees to the following audit and monitoring requirements.
1
16C 2 1
(1) The financial assistance authorized pursuant to this Loan Agreement consists of the
following:
Federal Resources,Including State Match,Awarded to the Recipient Pursuant to this Agreement Consist
of the Following:
Federal State
Program Federal CFDA Funding Appropriation
Number Agency Number CFDA Title Amount Category
FS984522-080 EPA 66.468 Capitalization Grants $2,831,998 140129
for Drinking Water
State Revolving Fund
(3) Report Submission.
(a) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133,as revised, and required by Subsection 2.03(2) of this Agreement shall be submitted,
when required by Section .320 (d),OMB Circular A-133, as revised,by or on behalf of the
Project Sponsor directly to each of the following:
(i) The Department at the following address:
Valerie Peacock,Audit Director
Office of the Inspector General
Florida Department of Environmental Protection
3900 Commonwealth Boulevard, MS 41
Tallahassee, Florida 32399-3123
(5) Record Retention.
The Project Sponsor shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five years from the date the audit report is issued, and
shall allow the Department, or its designee,Chief Financial Officer,or Auditor General access to
such records upon request. The Project Sponsor shall ensure that audit working papers are
made available to the Department,or its designee,Chief Financial Officer,or Auditor General
upon request for a period of five years from the date the audit report is issued,unless extended
in writing by the Department.
The Project Sponsor is hereby advised that the Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this
Agreement. For federal financial assistance,the Project Sponsor shall utilize the guidance
provided under OMB Circular A-133,Subpart B,Section .210 for determining whether the
relationship represents that of a subrecipient or vendor.
The Project Sponsor should confer with its chief financial officer, audit director or
contact the Department for assistance with questions pertaining to the applicability of these
requirements.
7. The Project-specific audit required under Subsection 2.03(4) of the Agreement shall
be submitted within twelve months after the effective date of this amendment.
2
16
C 2 4
8. The Project Sponsor and the Department acknowledge that changes in Project costs
may occur as a result of the Project Sponsor's Project audit or a Department audit pursuant to
Chapter 62-552 of the Florida Administrative Code. Unless this Agreement is amended
subsequent to an audit, the following Project disbursements shall be final.
CATEGORY DISBURSED($)
Construction and Demolition 2,614,841.00
Technical Services During Construction 217,157.00
SUBTOTAL 2,831,998.00
Capitalized Interest 32,138.99
TOTAL (Loan Principal Amount) 2,864,136.99
9. All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
3
� . . . . , 16C 2 1
• This Amendment 1 to Loan Agreement DW1111 010 shall be executed in three or more
counterparts,any of which shall be regarded as an original and all of which constitute but one
and the same instrument.
IN WITNESS WHEREOF,the Department has caused this amendment to the Loan Agreement
to be executed on its behalf by the Deputy Division Director, and the Project Sponsor has caused
this amendment to be executed on its behalf by its Authorized Representative and by its affixed
seal. The effective date of this amendment shall be as set forth below by the Deputy Director.
for
COLLIER COUNTY
.11.A.40_ (A), CI+
Fred W C
Chairman, Boaro c1 iof County Commissioners
Attest: Attest as to form and legality:
go ,,- 00,_ - '-, - / ):13--\•■ \'‘Xsz-.
c.,:) 4- :Clerk k,T )k)WO £.b943 • County Attorney
signature VA I 4
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
MAY 17 2012
Deputy Director Date
Division of Water Resource Management
4