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Agenda 07/22/2008 Item #16C 7Agenda Item No. 16C7 July 22, 2008 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to authorize submission of Amendment two (2) to The State Revolving Fund Loan Agreement (WWG120597151 03) Through The Florida Department Of Environmental Protection (FDEP) for the North County Water Reclamation Facility (NCWRF) Expansion To 24.1 MGD — Solid Stream, and the NCWRF Expansion landscape installation project 739502. OBJECTIVE: That the Board of County Commissioners, as the Ex- Officio Governing Board of the Collier County Water -Sewer District, authorize submission of Amendment two to the State Revolving Fund Loan Agreement (WWGI2059715L 03) with the FDEP. CONSIDERATIONS: On June 24, 2003, the Board of County Commissioners approved Resolution 2003 -222 to authorize the County to submit a State Revolving Fund (SRF) low interest rate construction loan application and to authorize the Loan Agreement with FDEP, for the North County Water Reclamation Facility (NCWRF) Expansion to 24.1 - Million Gallons Per Day (MGD) Maximum Monthly Average Daily Flow (MMADF) Solid Stream, Project 739502. On June 24, 2003, the Public Utilities Division Administrator and the Assistant County Attorney executed the SRF Loan Agreement on behalf of the County and it was submitted to the FDEP. The Loan Agreement was fully executed on behalf of the State of Florida and the FDEP by the Chief Executive Officer on June 30, 2003. The Agreement executed on June 24, 2003, authorized a disbursable amount of $17,908,000. On July 28, 2004, Amendment One to the original Loan Agreement was approved. This Amendment reduced the loan from an estimated construction cost to actual contracted cost for this project. The Amendment executed on July 28, 2004 adjusted the disbursable amount of the loan to $11,113,000. On July 28, 2004, the Public Utilities Division Administrator and the Assistant County Attorney executed SRF Loan Amendment One on behalf of the County and it was submitted to the FDEP. Loan Amendment One was fully executed on behalf of the state of Florida and the FDEP by the Chief Executive Officer on August 5, 2004. Amendment Two reflects the actual costs of the project and what has been disbursed to date. The Loan has been reduced by $1,009,076, and the adjusted total disbursed amount for the Loan is $10,103,924. The Semiannual Loan Repayment amount has been adjusted to account for repayments that have been made toward the Loan and has been revised to an amount of $334,120.87. The final total Principal Amount, including Capitalized Interest, has been modified to an amount of $10,280,778.43. FISCAL IMPACT: SRF Loan Amendment Two adjusts the Loan Amount, excluding capitalized interest, to $10,103,924. The semiannual loan repayment amount has been adjusted to an amount of $334,120.87 over a 20 -year loan cycle at 2.9 %. LEGAL CONSIDERATIONS: The proposed Amendment Two (2) has been approved for legal sufficiency by the Office of the County Attorney. Agenda Item No. 16C7 July 22, 2008 GROWTH MANAGEMENT IMPACT: The adoption of this resolution has no impacige 2 of 7 on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex- Officio Governing Board of the Collier County Water -Sewer District, authorize submission of Amendment two to the State Revolving Fund Loan Agreement (WWG12059715L 03) with the FDEP. PREPARED BY: Bala M. Sridhar, Senior Management and Budget Analyst, Public Utilities, Operations Agenda Item No. 16C7 July 22, 2008 .AMI6NDMENT 2 TO LOAN AGREEMENT WWG12059715L 03 Page 3 of 7 COLLIER COUNTY This amendment is executed by the FLORIDA WATER POLLUTION CONTROL FINANCING CORPORATION (the "Corporation ") and COLLIER COUNTY, FLORIDA, (the "Local Borrower ") existing as a Local Borrower agency under the laws of the State of Florida. WITNESSETH: WHEREAS, the Corporation and the Local Borrower entered into a Clean Water State Revolving Fund Loan Agreement, Number WWG12059715L 03, as amended, authorizing a Loan amount of $11,113,000, excluding Capitalized Interest; and WHEREAS, the Loan (Amount and Project costs need adjustment to reflect actual costs; and WHEREAS, the mi nual Loan Payment amount needs revision to reflect adjustment of project costs and the four Semiann al Loan Payments received by the Department from the Local Government; and WHEREAS, revised provisions for audit and monitoring are needed; and WHEREAS, an updated Project definition is needed. NOW, THEREFORE, the parties hereto agree as follows 1. The Lnan!amount is hereby reduced by $1,009,076, and the adjusted total disbursed amount for this loan is $10,1011,924. 2. The L an (Service Fee of $222,260.00 was paid in full by the County in the September 15, 20 6 payment. This amount represents the Service Fee established in Amendment 1. Capitalized intere t on the Loan Service Fee was $22,470.74 for a total service fee charge of $244,730.74. 3. The total mount to repay by the Local Borrower is $10,525,509.17, which consists of $10,103,924.00 disbu�sed to the Local Borrower, $176,854.43 of accrued Capitalized Interest and $244,730.74 ofservic fee charges. 4. The total ount remaining to repay which amount accounts for the Department's receipt of four Semiannual moan Payments is $9,323,827.11, consisting of unpaid principal of the Loan at a combined rate of ihter st and Grant Allocation Assessment of 2.90 percent per annum (the interest rate is 1.45 percent per annum, and the Grant Allocation Assessment rate is 1.45 percent per annum). 5. The 4mi¢nnual Loan Payment amount, adjusted to account for repayments received to date, is hereby revised and ¢hall be in the amount of $334,120.87. Such payments shall be received by the Trustee on September, 15, 2008 and semiannually thereafter on March 15 and September 15 of each year until all amounts due hereunder have been fully paid. 6. Subseptiohs 2.04(1) and (3)(a)(i) of the Agreement, as amended, are replaced as follows: i Agenda Item No. 16C7 July 22, 2008 The Local ! Bortower agrees to the following audit and monitoring requirements. Page 4 of 7 (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 Capitalization Grants for CS120001 -030' EPA 66.458 $10,103,924 140131 State Revolving Funds (3) Report Submission. (a) Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Subsection 2.03(2) of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the Local Borrower directly to each of the following: (i) The Department of Environmental Protection at each of the following addresses: Robert E. �lolmden, P.E., Chief Bureau of (Water Facilities Funding Florid D partment of Environmental Protection 2600 )�lai� Stone Road, MS 3505 Tallah s;2, Florida 32399 -2400 Joe Aita, Audit Director Office of the Inspector General Florida Department of Environmental Protection 3900 7. Project G mwealth Boulevard, MS41 Florida 32399 -3123 are revised as follows: The Local Bo ower, the Corporation, and the Department acknowledge that changes in Project costs may occur as a result of the Local Borrower's Project audit or a Department audit pursuant to Chapter 62 -503 of the Florida Administrative Code. Unless this Agreement is amended subsequent to an audit, the following Project disbursements shall be final. CATEGORY and Demolition iical Services During Construction SUBTOTAL (Total Disbursed) alized Interest TOTAL (Loan Principal Amount) DISBURSED 8,929,054.00 1,174,870.00 10,103,924.00 176,854.43 10,280,778.43 Agenda Item No. 16C7 July 22, 2008 Page 5 of 7 8. Subsection 1.01(18) of the Agreement is replaced as follows: (18) "Prect" shall mean the works fmanced by this Loan and shall consist of furnishing all labor, materials, Od equipment to construct wastewater treatment facilities improvements in accordance with the plans and specifications accepted by the Department for the "North County Water Reclamation Facility Expansion tc 124.1 MGD — Solid Stream," as well as the "NCWRF Expansion Landscape Installation" contract$II. The Project iA in agreement with the Collier County NCWRF Expansion to 30.6 MGD Facilities Plan Update, dated July 2002. Approval of this Project is provided by the Florida Finding of No Significant lmpac darted September 6, 2002. This Project is a Capitalization Grant Project as defined in Chapter 62 -503, Florida Administrative Code. All other and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 93 Agenda Item No. 16C7 July 22, 2008 Page 6 of 7. I i This AmendiTent 2 to Loan Agreement W WG120597151, 03 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 Corporation has caused this amendment to the Loan Agreement to be executed on ibs be6�•alf by its Chief Executive Officer and the Local Borrower has caused this amendment to be execute d on 6ts behalf by its Authorized Representative and by its affixed seal. The effective date of this amendmen{ shall be as set forth below by the Chief Executive Officer of the Corporation. I I for PLORMA WATER POLLUTION CONTROL FINANCING CORPORATION Chief Executive Offrcet for Date COLLIER COUNTY Attest: Dwight E. crock, Cleric Board of County Commissioners of Collier County, Florida, as Ex- Officio the Governing Board of the WaterSewer District By. Tom Henning, Chairman Approval as to form and legal Sufficiency: Jennifer A_ Belpedio Assistant County Attorney �. APPROVED AND ACCEPTED BY THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. Deputy Director Division of Water Resource Management 4 Page 1 of 1 Agenda Item No. 16C7 July 22, 2008 Page 7 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C7 Item Summary: Recommendation to authorize submission of Amendment two (2) to The State Revolving Fund Loan Agreement (WWG120597151 03) through The Florida Department Of Environmental Protection (FDEP) for the North County Water Reclamation Facility ( NCWRF) Expansion To 24.1 MGD Solid Stream, and the NCWRF Expansion landscape installation project 739502. Meeting Date: 7/22/2008 9.00:00 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 6/30/2006 8:01 AM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 7/3/2008 2:45 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 7/7/2008 8:01 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget W712008 10:38 AM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 7/712008 9:32 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 7/8/2008 10:08 AM Commissioners file: / /C:AAgendaTest \Export\1 11- July %2022, %202008\ 16. %20C0NSENT %20AGENDA\1 ... 7/15/2008