Resolution 2007-233
RESOLUTION 2007- 233
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COMMISIONERS
ACKNOWLEDGING: (1) CERTAIN SPECIFIED ACTIONS RELATED TO THE
ADMINISTRATION OF LOW INTEREST STATE REVOLVING FUND LOANS
INVOLVING THE EXERCISE OF INDEPENDENT JUDGMENT THEREBY
REQUIRING COLLIER COUNTY BOARD OF COMMISSIONER APPROVAL AND (2)
ACTIONS RELATED THERETO THAT ARE ADMINISTRATIVE OR MINISTERIAL
IN NATURE AND AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO
TAKE APPROPRIATE ACTION.
WHEREAS, on March 13, 2007, the Board of County Commissioners approved
Resolutions 2007-66, Agenda Item 10 I, and 2007-67, Agenda Item lOJ, authorizing submission
of State Revolving Fund (SRF), low-interest construction loans for two water capital projects to
the Florida Department of Environmental Protection (FDEP); and
WHEREAS, those loans were for the South County Regional Water Treatment Plant
(SCRWTP) 12 MGD Reverse Osmosis (RO) Expansion project-700971 and the South County
Regional Water Treatment Plant (SCRWTP) 20 Million Gallons per Day (MGD) well field
Expansion project-708921, respectively; and
WHEREAS, at the Board's March 13, 2007 meeting it amended the aforementioned
Resolutions to require certain actions to be taken by the Board's Chairman rather than be
delegated to the Collier County Public Utilities Division Administrator; and
WHEREAS, following the Board's discussion of this matter at the March 13, 2007
meeting, staff conducted an evaluation of its policies, procedures and practices, and that of other
County's, using SRF loans to identify those activities that involve financial commitments or
obligations incurred by the County and routine administrative or ministerial duties; and
WHEREAS, the Board has reviewed those activities related to processing, managing and
administering SRF loans and has determined and identified certain activities and functions that
require Board approval and those activities that can be delegated because they are administrative,
ministerial, sufficiently limited by this Board, and necessary to manage the day to day operation
of County business; and
WHEREAS, the Board finds that it is in the public interest to clarify its responsibilities and
those that may be delegated to the County Manager or his designee, to promote the efficient
management of County business as it pertains to all current Board approved SRF loans, as well
as, all future SRF loan funded projects.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD THAT:
1. The following actions related to SRF loans and funding require the Board's exercise
of independent judgment and discretion and may not be delegated to the County
Manager:
a. Approval and execution of the Facilities Plan and Capital FinancinglBusiness
Plan Resolution;
c. Approval and execution of the SRF Loan Agreement; and
d. Approval and execution of any SRF Loan Amendments.
2. The following actions related to SRF loans and funding are administrative,
ministerial, sufficiently limited by this Board as identified below, necessary to
manage the day to day operation of County business, do not require the exercise of
independent judgment and discretion and are hereby delegated to the County Manager
or his designee:
a. Requests for Inclusion (requests adding project to FDEP priority list);
b. Requests for Authorization to Incur Costs (requests authorization from FDEP to
incur construction costs prior to execution of a loan agreement for a project
already approved by the Board);
c. Submission of documents in support of and or requested by FDEP related to SRF
Loan Applications;
d. Submission of Site Certifications to FDEP (certifies the local agency has control
of the site where the project will be constructed);
e. Submission of Minority and Women's Business Enterprise Participation to FDEP
(certifies that the contractor chosen made good faith efforts to include minority
and women's business enterprise in the contract);
f. Submission of Certification of Contractor's Insurance and Bonding to FDEP
(certifies chosen contractor has the required bonding and insurance for the
project);
g. Submission of Disbursement Request Forms to FDEP (requests FDEP
reimbursement for costs expended on project);
h. Submission of Change Orders to FDEP for eligibility determination (all such
changes orders will have already been locally approved and consistent with the
County purchasing policy and other procedures);
1. Submission of Annual Certification of SRF Loans to FDEP (certifies that the local
agency is complying with the financial terms of the loan agreement until the loan
has been paid);
J. Submission of Pay Estimate Approval to FDEP (Project Manager's approval of
periodic payments to contractor and representation work has been completed);
k. Submission of Professional Services Invoice Approval to FDEP (approves
payment to vendors for providing services);
I. Miscellaneous correspondence with DEP related to ongoing project concerns.
3. This Resolution shall govern the administration of all current Board approved SRF
loans, as well as, all future SRF loan funded projects.
This Resolution adopted this 11th day of September, 2007, after motion, second and majority vote
in favor of adoption.
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DWIGHt~E.J3ROCK;'~RK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By db! //H
JA S COLETTA, CHAIRMAN
By
Attest liS<fa.
signature QllIJ.