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Agenda 09/09-10/2008 Item #16C 1 EXECUTIVE SUMMARY ,i\GENDA ITEM , lv, ~l te Q:.,t-~~ ~ SFP 0 9 2008 .~ ~'g. . /&~ { Recommendation to authorize submission of Amendment One (1) to the State Revolving Fund Loan Agreement (DW1111 040) through the Florida Department of Environmental Protection (FDEP) for the SCRWTP 20 MGD RO Wellfield Expansion, Project 708921 OBJECTIVE:That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, authorize submission of Amendment One (1) to the State Revolving Fund Loan Agreement (DW 1111 040) with the FDEP. (- , CONSIDERA TIONS: On March 132007, the Board of County Commissioners approved Resolution 2007-67 to authorize the County to submit a State Revolving Fund (SRF) low interest rate construction ioan application and to authorize the Loan Agreement with the FDEP, for the South County Regional Water Treatment Plant (SCRWTP) 20-Million Gallons Per Day (MGD) Reverse Osmosis (RO) Wellfield Expansion, Project 708921. On August 9, 2007, the SRF Loan Agreement was signed by the Chairman of the Board of County Commissioners, the Assistant County Attorney, and sealed by the Clerk of the Circuit Court 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 August 17, 2007. The Agreement executed on August 17, 2007, authorized a disbursable amount of $8,000,000. Amendment One (1) provides additional funding to the County. The total principal amount of the Loan has been increased by $3,200,000, and the adjusted total disbursable amount of the Loan is $11 ,200,000, which includes the $8,000,000 received in Fiscal Year 2007. The Semiannual Loan Repayment amount has been adjusted to $377,817. The total Principal Amount, including Capitalized Interest, has been modified to $11,404,800. It is noted in Amendment one (1) Item 8 Section 10.08 that FDEP disbursements are limited to $750,000 until the state&#8217;s allocation from EPA has been received. It is anticipated that the FDEP will receive the allocation from the state before September 30, 2008 thus increasing the opportunity for the County to receive the full $3,200,000. This SRF loan is one of the permanent financing mechanisms for this project. To the extent the current expenditures exceed available SRF Funds other funding sources will be used. Some of the other funding sources can include revenue bond proceeds, inter-fund transfers, commercial paper, Florida Rural Water Association interim loan program, etc. FISCAL IMPACT:SRF Loan Amendment One (1) adjusts the Loan Amount, excluding capitalized interest, to $11,200,000. The semiannual loan repayment amount has been adjusted to $377,817 over a 20-year loan cycle at 2.79%. GROWTH MANAGEMENT IMPACT:The adoption of Amendment One (1) has no impact on growth management. LEGAL CONSIDERATIONS:The proposed Amendment One (1) has been approved for legal sufficiency by the Office of the County Attorney. Once executed by the Chairman of the Board, Amendment One (1) will be forwarded to FDEP for final approval. - JAB RECOMMENDATION:That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, authorize submission of Amendment One (1) to the State Revolving Fund Loan Agreement (DW 1111 040) with the FDEP. Prepared By: Department Public Utilities i:,GENDI' ITEM N(~ftRt\--- S~ n 8 2008 , IQOJ/" Date 8/13/2008 3 :52:00 PM Approved By: Department Public Utilities Approval Approved Date 8/27/2008 11 :45 AM Approved By: Department Approval Date County Attorney Approved 8/26/20082:31 PM Approved By: Department Approval Date ( - Public Utilities Approved 8/27/2008 11 :45 AM Approved By: Department Approval Date Office of Management Approved 8/27/20085:50 PM and Budget Approved By: Department Approval Date County Manager's Office Approved 8/26/200810:12 AM ATTACHMENTS: Name: Cl 708921 040 Amendment 1 Wellfield JAB sianed.odf Description: Type: SRF Loan OW 1111040 Amendment, Project 708921 Backup Material "GEND." iTEM ! !' ]teet ' I SFF 0;; 2008 ~ ';,~ p ( ['o,,,-,~. /J DIUNKING WATER STATE REVOLVIN(; FUND AJVmNDMENT I TO LOAN AGREEIHENTDWIIII 040 COLLIER COUNTY This amendment is exec,\lted by tbe STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DepaJ1mcnt) and COI.I.JER COUNTY, FLORJDA, (Project Sponsor) existing as" local government agency under the laws of the State of Florida. \VITNESSETII, \VI lEREAS. the Depal1mcnt and the ProjC(:t Sp(JliSOr entered into a Drinking V./ aleI' State Revolving Fund Loan Agreement, Number D\VII J 1040, Hll'fhorizing a LOLm mnollTitofS8,OOO,OOO, .excluding Capitalized [merest; and \VllERE/\S, thcProjccl Sponsor is clllilled \0 Hdr.liti.on~d Ilnancing 01'$3,200,000, excluding C'apitalized Imcrcsl: and WHEREAS, an interest rate Inust be established for the additional financing amotlnt awardcd in this llrnCi1drnCnl~ and \VI-lEREAS, a Loan Service Fee mus! be assessed Cor the flddirional financlllg~ and \VHEREASl the Semiannu1l.I.L.oan PaYlnent ~lmOUl1t neeus revision 10 rdlcct adjustment in the Loan amount and \VHERE.-AS, the Project costs need adjustment to reflect rev.iscd estimates~ and \VflEREAS, revised provisi.ons for audit and monitoring along with rcJnlcd changes to the Project 5chedule are needed. NOW, T!lEREFORE, the partie, heret" agree a, rollnw", I. Subsections 2,03( i ),(2)(d). alld (3 )(a)(i) of the Agreemenl are deleted and replaced as IbIlows: (J) The financial assistance authorized pursuant Lo this Loan Agreement consists oflhe ro'flowing: federal Resources, Induding Stone Match, AWilrded 10 lhe Rc-cipit.'nt PUl'su,mlw I-his Agreement Consi;i1 orlhe Fol1owin~: Federal Slale Program Ft:tleral CFDA Funding Appropriation Number Al!.cncv Numbr;.-r CFD,\ Title Amount Calc~orv FS984522,070 GP,\ 66468 Cnpitaliz.lllion Gnlllts for Drinking $11,200,000 140129 Water Slate Revolving Fund r ' GFN')^'TEM i't~(tr ~ 'iF" ,! 2008 . L()!==~(Q ~ (2) Audits (d) The Project Sponsor may access information fe-ganting the Catalog of Fcder.al Domestic Assistance (CFDA) via the internet at httiJ:I/VlWW.crda.1!ovf. (3) Rep0l1 Submission, (a) Copies of reporting packages Cor ~1LIdits conducted in accordance with Oi\'IB Cin.:'uJar A-133. as rcvlscd~ and fl.:'quired by Sllbscctio1l1.03(2) of this Agrccl11t:nt shall be submitted, when re-quin.::d by Section .3::0 (d), O~vlB Circular /\.]33, (IS n:viscd, by Dr 011 bL::half of lhe Project Sponsor directly to each of the fDllowing: (i) The Depar/menl at each of the following addresses: Roben E.l-loJl11dcn., P.E.. Chief Bureau of \Vnler Fncililic5 FlHlding Florid~l DCpill1!l1l:Hl of En\ imnmclll,lj PrOleL~tion 2600 Blail' S{cme Rond, 1\t5 3505 Ti1l1aha$~i.:c, Floriua 32399-2400 Joe Aita, Audit Director ornc~ of lhelnspector General Floridn Department of Envii'Otlmcntal Protcclion 3900 Coml11onwcalth Boulevard. NIS Lj 1 Talltihasscc. Florida 32399-3123 2. Additional financing .in the amo-unf 01'$3.200,000, r,:'\cluding Capitalized Interest, is hereby awarded to the Pmjcl.:l Sponsor. 3, An interest rate of 2.79 percent per annum is establis.hed for the additiolltll financing amount J\varded in Ihis amendment; ho<,vcvcr, if this amendmcnt is not executed by the Project Sponsor ~Hld returned to the Dcpnrtmcnl before October I, 2008, the interest rale Inn)' be adjusted, 4. The <:stimated princip~11i11l0ullt oCthe Loon is IH.:reby revised to 51 1,404,800, which cons.ists of $il ,200.000 t\uthori7.cd for disbur.;;cment to the Project' Sponsor and $204,800 of Capitalized Interest. This total consists of tIle following; (a) Original Agreement of $8, J 75,6UU, including SS.OUO.OOIl authorized for dishu!'se"'cntlo the Project Sponsor and $175,600 of Capitalized InteresL at an ink:rcst rate of 2.64 percent per annum: ,md (b) Amendme-nl I of $3229,100, inclllding S3,200,ODO uulhorized for disburscmcllllo the Project Sponsor and $29;200 of Capitalized Interest. at an interest rate 01'2.79 percent per annum, 5, An additional Loan Scrviceh.:c in the amounl orS6,1,000, fora total 01$224,000, is hereby aS5\:sscd. The fee rcprCStmts two pcrcl.:nt of the Loan amounl excluding Capitahzcd Interest; that is, t\'...o percent of $11 ,200,000. Estimated Loan Service Fce capitalized intere~1 lor the fee amount assessed to d.te is $8,270. 6, The Semiannual Loan Payment amount \5 herehy revised and stwll be in the amount of $377.817, Such payments .shall be received by lhe I)cpartmcllI on October 15,2009 and semiannually 2 """"''''~;:~.,.,.-!''''!'i.","... ""~"i!!'.'i''''j<;'';'''~~-.~",-:";,,,,,,,,,,,,,,-,,,,,,,:''l''=,'''=''''''~~'~=''''''''';''''''~~'''"'='''''~,,,,""'C'. ",''''.;!i~~'~'''=~'.'''~~~''''''~"''~n:.05W...~""",, r-- GEJ'\IQ^ ~TEM --i1n0T ~, ~F~;n \) 2008 1f'\!5 thereafter on April J 5 and October 15 of each year until all amOlln1s due IH':I"~under have been fuBy paid. Until thi$ Agreement is further amcndcd~ each Semiannual Loan Pa)111cnt \vill be proportionally applied, after deduction of the Loan Service Fee is- complete; toward repayment or-the amounts owed on each incremental Loan amount at the c1ate such payment is due. 'Jl1e Semiannual Loan Payment amount is based on the total amount owed of $11.637,070, which consists of the LO.lO principal pills the Loan Service Fcc with its capit~llizcd interest (if any). 7. The Project Sponsor and the Department ul.:knl1wlcdge tlWl the actual cost oCtile Project hilS not been determined. Projecl cost adjus1mcnls l11<lY be made as tl result ofmuHlally agreed upon Project changes. Capitalized 1l1H:rest will be recnlculntc-d based on <.lc:tual dates and amounts of Loan disburscnwnts.. lftbe Project Sponsor receives other governmental flnanci,d assistance for this Pn~iL~ct, the costs {'unded by such oth.;;r governmental assistam::c will not be trnanccd [)y this Loan. The Department shall est<lbl.ish the nmd Project costs aftcr iiS final inspection orthl'.,;' Project fe-cords. CluUlges in Project cosls llUlY also occur ElS a l'c:i'~llt of the Project SPOllSor'::; Pr(Jj~'ct .iludit or a Dcp.aruncnl audit. Funds disbl1rsed in uCl.:ordance with Section 4.08 of this Agreemc-nt sh.uJl be disbur~cd inl'hc order in which they have been obligated without respect to lllldgcn.ll). line item estimates. All disbul'sements shall be made from rhe original Loan amount ullTiI tl1m amount has been disbursed; the interest rate establisbed for the original Loan amount shall apply to such disburs.cments for the purpose of ddcnnining the associated Cnpilalizcd lnttJrcst and repaymcni amount. The interest rate csti.lbli~hed for ao)-' additional increment ofLorln nltaHl:ing sh,IIl be lIsed 10 determine the C:npit;llized Inlen.:st (Jnel repayment amount assDciated with the funds disbul's.ed from that increment. The estimated Project COStS are revised as follows: CATI;(;ORY COST($) AUTIIORIZED LOAN AMOlJN'I($) TO DA 1"1' Administrative Allowance Engineering Allowance Construction find Demolition COJ\liilgcncics Technical Services AntI" Bid Opening Other SUBTOTAL (Total Dish"rsablc) Capilnlized Interest TOTAL (Loun Principal Amount) 316,52.J 3,006,978 47,953,000 4,795.300 4.796,01l0 o 60,373,302 204,800 61.078,102 l.int! item.\. may vary based on actual disbursemeJJ1s i] ,201l,OOO 204,800 11,404.800 S. Section 10,08 SPECIAL CONDITION is delckd und replaced '15 ['ollows: As of the date of this ugrccmcntJamcndmcllt.1 the Department has not received its fiscal year 2007-0.8 federal capitalization grant from ,r-;PA. This financial assist~lI1ce tlward has. been prepared in the amount authorized at" the April 24,1008 priority lisl management hcarirlg. Disbursements are limited to $750,000 until the slate's alJocation from EP A has been received. The Department wilJ notify you wbe.n the balance of the award is available. 9. 1\11 mher lenns and provisions of the Loan Agreement shall remain in effect. 3 .'~~"",?,,,,,,~~,.'-"......,,,,,,,,_., . ,,-,;;,.:>... ."''''==~';''''''''~1'''''''''''''''~='''''\''''''''''.,.",.,,,,,,,,,,;;,,,,~~.~,~=""'.""''''"'..,.,.",...,..",.....:T-,;>-1l'''!~!,~"...,...,..."'~\1'fU!\'.....,."__..._...""!'.';>!!~!,,.,,..,~,,:< GEl\i'1 ~ 'TE~r t ~C1 n ~~":' ?OOB ,.!_}~qf( C) ~, This Amcndmel1l 1 to Luan Ag:r~l,;"mcnl D\V Illl 040 shall be c:\lx:utcd in three or more "~ouni(.:'1)arts. any ofwlltch shall be regarded as all ~)rigiI1l11 and "II ofwhit:h constitule hut one nnd the Si:\I1lC in:itrunlcnt. IN \VITNESS \VHEREOF~ the Department IU1S caused this iHnenn.mcnt to the L03Q Agreement to be executed on its behalf by the Deputy Director and the Project Sponsor h[1:; ct\used this: umt:ndmelll tu be executed on its bchalfhy its Autlwrizcd Representative and by its aflixed seaL 'nlceffccti\'c dale of this amendment shall be as set 1\..')1111 belll\.\' by the Dt:Pllly Dirr.:t.:"tnr. for COLLIER COU1-iTY Chairman. Bo:uJ of County Comlnissioncr$ Attesl I allest that this C1mcndnlcnr complies with SCC1.inl1 2 (12 fir the Agreement:md ;\::; to fc,nn and corrCCl11l,'Ss. COllnty Clerk ~rA-RQ~~Q C . Count v Alia llev , _ -::n, tV N 11; t. i2- ^. r-..a:. Ue> L. ])I.. u SEAL for STA TE OF FLOmnA Df,PARTMEl\T OF ENVIRONMENTAL PROTECTION Deputy Director Division of "Vater R.'~sourcc r-...fanagcmcnl Date 4