District #1 District #2 District #3 District #4 District #5 John E. Manning Brian Bigelow Ray Judah Tammy Hall Frank Mann Vice Chair Chair
Karen B. Hawes Michael D. Hunt County Manager County Attorney
November 01, 2011
If you plan to address the Board, please complete a blue “Request for Comment” card (located on the table outside the Chamber entrance) or you can submit your comment electronically by clicking here . Completed cards should be returned to the Staff table at the right of the podium prior to the start of the meeting. All back up for this agenda is available on the Internet at http://www.lee-county.com . Additional information is available in the Public Resources Office, 1st Floor, Administration Building, 2115 Second St., Fort Myers, FL PLEASE NOTE: The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.
Invocation: COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA 9:30 AM
Invocation: Pastor Jim Rosemergy, Unity of Fort Myers
Pledge of Allegiance
Ceremonial Presentations
Recap
Public Comment on the Consent and Administrative Agenda
Consent Agenda • Items to be pulled for discussion by the Board • Motion to approve balance of items • Consideration of items pulled for discussion
Administrative Agenda
Public Hearings
Walk-ons and Carry-overs
Commissioners' Items/Committee Appointments
County Manager Items
County Attorney Items
Adjourn
Page 1 9:30 AM CEREMONIAL PRESENTATION
1. Ceremonial presentation recognizing AKC Responsible Dog Ownership Day. (#20110902-Commissioner Hall)
2. Ceremonial presentation recognizing the Ol'geta Beckworth Foundation's Grandparents of the Year. (#20110898-Commissioner Judah)
3. Ceremonial presentation recognizing the Calusa Blueway Paddling Festival. (#20110899-Commissioner Mann)
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CONSENT AGENDA
1. COUNTY ADMINISTRATION
A) ACTION REQUESTED/PURPOSE: Approve Interlocal Agreement between Lee County Board of County Commissioners and the Lee County Industrial Development Authority (IDA) for fiscal year 11/12. The Agreement sets out the terms by which the IDA will administer the incentive program. (#20110864-ECONOMIC DEVELOPMENT) FUNDING SOURCE: N/A. WHAT ACTION ACCOMPLISHES: Provides administration of the business incentive program. MANAGEMENT RECOMMENDATION: Staff recommends approval.
B) ACTION REQUESTED/PURPOSE: Request Board execute Agreement between the Lee County Board of County Commissioners and the School Board of Lee County for the Saturday Driver's Education Program and authorize release of $46,729.10 from the funds collected through Lee County Ordinance #02-28 Dori Slosberg Driver Safety Education Act. Authorize Chair to execute agreement on behalf of the Board. (#20110871-BUDGET SERVICES) FUNDING SOURCE: Fund: Driver’s Education Trust; Program: Driver’s Ed Fee-Lee P; Project: School Board of Lee County for the Driver’s Education Program. WHAT ACTION ACCOMPLISHES: Provides approval for the release of funds collected for use of the Driver’s Education Program with the School Board of Lee County. MANAGEMENT RECOMMENDATION: Approve.
2. COMMUNITY DEVELOPMENT
3. CONSTRUCTION AND DESIGN
A) ACTION REQUESTED/PURPOSE: 1. Approve Addendum to the Construction Manager Agreement under project RFQ-11-05 ANNUAL CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Lee County DOT Traffic Operations Center, to Stevens Construction, Inc. (a local contractor), Contract No. 5696, for a Guaranteed Maximum Price (GMP) of $768,505.46 (includes CM Fee of $48,798.99 or 7.43%), with a project completion time of 180 calendar days, with 96% local vendors utilized. 2. Request the Board approve waiving the formal process (if needed) and authorize the use of Direct Materials Purchase Order as provided for in the CM Agreement, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure. 3. Approve Budget Resolution and Budget Transfers in the amounts of $76,000 from All Hazards Reserves and $117,907 from Capital Improvement Fund Reserves to the DOT Engineering/Operations Building Renovations Project and amend FY 11/12 budget accordingly. 4. Authorize Chair to execute Addendum on behalf of the Board upon execution by the Contractor. (#20110862-CONSTRUCTION AND DESIGN) FUNDING SOURCE: Fund – General Fund and All Hazards; Program – Major Maintenance Project; Project – DOT Engineering/Operations Building Renovations. WHAT ACTION ACCOMPLISHES: Provides a Construction Manager to renovate Lee County DOT’s Traffic Operations Center (TOC). Renovations include but are not limited to the mechanical and electrical systems, video wall equipment and furniture. The new TOC will be able to monitor most of the major road intersections in Lee County. MANAGEMENT RECOMMENDATION: Approve.
4. COUNTY COMMISSIONERS Page 3
5. COUNTY LANDS
A) ACTION REQUESTED/PURPOSE: A) Approve Transit Station License Agreement for acquisition of Parcel 132 (Phase 3, Shelter 16), a 381 sq. ft. bus stop shelter site, located at 2523 Lee Blvd, Lehigh Acres, for the Lee Transit Shelter Program; B) Authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction. (#20110872-COUNTY LANDS) FUNDING SOURCE: This expenditure is budgeted in the Transit Capital Fund and will be reimbursed at 100% by the Federal Transit Administration. WHAT ACTION ACCOMPLISHES: Acquisition of a site for the construction and operation of bus stop shelter facilities. MANAGEMENT RECOMMENDATION: Approve.
B) ACTION REQUESTED/PURPOSE: A) Approve Grant of Access License Agreement for a 9,424 square foot parcel located on County-owned property at 10550 Buckingham Road, Fort Myers and identified as the Lee County Solid Waste Facility; B) Authorize the Chairman on behalf of the Board to execute the Access License Agreement; C) Authorize County Lands Staff to execute and accept all documentation necessary to complete this transaction. (#20110886-COUNTY LANDS) FUNDING SOURCE: No funds required. WHAT ACTION ACCOMPLISHES: Grants license to utility company to install fiber optic lines for purpose of upgrading data service to a County Facility. MANAGEMENT RECOMMENDATION: Approve.
C) ACTION REQUESTED/PURPOSE: A) Approve Grant of Access License Agreement for a 1,902 square foot parcel located on County-owned property at 1366 Colonial Boulevard, Fort Myers and identified as the LeeWay Service Center; B) Authorize the Chairman on behalf of the Board to execute the Access License Agreement; C) Authorize County Lands Staff to execute and accept all documentation necessary to complete this transaction. (#20110887-COUNTY LANDS) FUNDING SOURCE: No funds required. WHAT ACTION ACCOMPLISHES: Grants license to a utility company to install fiber optic lines for the purpose of upgrading data service to County Facility. MANAGEMENT RECOMMENDATION: Approve.
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6. HUMAN SERVICES
A) ACTION REQUESTED/PURPOSE: (1) Approve FY 2011/2012 contracts for the Partnering for Results program in the amount of $3,386,450 per the Review Panel funding recommendation as proposed in the Attachment I. Authorize signature of the contracts and necessary future amendments once completed by the community agencies. (2) Authorize Human Services to negotiate adjustments in outcomes, total contract amount, unit rates and/or units purchased as necessary. (3) Approve set aside of $230,000.00 for FY 2011/2012 contract with Early Learning Coalition of Southwest Florida for the income eligible/working poor School Readiness Program child care match. Authorize signature of the contract and necessary future amendments once completed by the agency. (4) Approve set aside of $270,000 for implementation of priority areas indicated in the Ten Year Plan to End Homelessness by sustaining operations of the Bob Janes Triage Center/Low Demand Shelter. Authorize signatures of the contracts and necessary future amendments once completed. (#20110834-HUMAN SERVICES) FUNDING SOURCE: General Fund. WHAT ACTION ACCOMPLISHES: Provides County funding for social service programs. MANAGEMENT RECOMMENDATION: Approve.
7. INDEPENDENT
A) ACTION REQUESTED/PURPOSE: Approve purchases of Maintenance, Repair and Operations (MRO) Products from Lowes under Project No. N-110499. The County will receive a 5% discount on all of our purchases. (#20110881-PROCUREMENT MANAGEMENT) FUNDING SOURCE: Various Departments. Purchases will be made based on available budgeted funds for the specific department. Any purchases above $100,000 will be formally presented to the Board for approval. WHAT ACTION ACCOMPLISHES: Provides another outlet for Departments and Divisions to purchase MRO products on an as-needed basis at a reduced price. MANAGEMENT RECOMMENDATION: Approve as stated.
8. NATURAL RESOURCES/SOLID WASTE
A) ACTION REQUESTED/PURPOSE: Execute Joint Funding Agreement No. 12GGESMC0000109 with the U.S. Geological Survey for Southwest Florida Water Resource Investigations for the period October 1, 2011 through September 30, 2012. The total project cost for the Cooperative Data Collection Program is $162,833. The U.S. Geological Survey is providing $65,091 and Lee County's cooperative share totals $97,742. (#20110890-NATURAL RESOURCES) FUNDING SOURCE: Fund – MSTU-Surface Water Management; Program – Surface Water Management; Project – N/A. WHAT ACTION ACCOMPLISHES: Continue cooperative work with U.S. Geological Survey which provides critical data for hydrologic modeling and assessment of flood conditions. MANAGEMENT RECOMMENDATION: Staff recommends approval.
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9. PARKS AND RECREATION
A) ACTION REQUESTED/PURPOSE: Request Board approve funding from Florida Fish and Wildlife Conservation Commission for gopher tortoise habitat improvements on a portion of Pine Island Flatwoods Preserve, a Conservation 20/20 preserve, in the amount of $10,538. Approve Budget Amendment in the amount of $10,538. (#20110852-PARKS AND RECREATION) FUNDING SOURCE: Fund - Capital Improvement-Environmentally Sensitive Land; Program - Parks and Recreation Operations; Project - Conservation 20/20 Pine Island Flatwoods Preserve. WHAT ACTION ACCOMPLISHES: Provides for gopher tortoise habitat improvement on 181 acres on Pine Island Flatwoods Preserve, a Conservation 20/20 preserve. MANAGEMENT RECOMMENDATION: Approve.
10. PUBLIC SAFETY
11. PUBLIC WORKS ADMINISTRATION
12. TRANSPORTATION
13. UTILITIES
A) ACTION REQUESTED/PURPOSE: Developer Contributed Asset - Passamondi Building (BS 20110814/20317, MMM/SDG): Approve final acceptance, by Resolution, as a donation of one force main connection to provide sanitary sewer service to 'PASSAMONDI BUILDING', an existing commercial building. This is a Developer contributed asset project located on the east side of Rockefeller Circle approximately 200' north of Constitution Circle. (#20110814-UTILITIES) FUNDING SOURCE: No funds required. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Design Manual. MANAGEMENT RECOMMENDATION: Approval.
14. COUNTY ATTORNEY
15. HEARING EXAMINER
16. CONSTITUTIONAL OFFICERS
A) ACTION REQUESTED/PURPOSE: Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of October 17 through October 21, 2011: October 18, 2011 (Regular), October 19, 2011 (Comp Plan). (#20110894-MINUTES) FUNDING SOURCE: N/A. WHAT ACTION ACCOMPLISHES: Approval of the Board Minutes, pursuant to Florida Statute 286.011. MANAGEMENT RECOMMENDATION: Approve.
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16. CONSTITUTIONAL OFFICERS (Continued)
B) ACTION REQUESTED/PURPOSE: Request Board approves disbursements. The check and wire registers can now be viewed on the Clerk's Website at WWW.LEECLERK.ORG by accessing the BOCC Minutes and Documents link. (#20110900-FINANCE) FUNDING SOURCE: N/A. WHAT ACTION ACCOMPLISHES: Florida Statute Chapter 136.06 (1) requires that all County disbursements be recorded in the Minutes of the Board. MANAGEMENT RECOMMENDATION: Compliance with the requirements of FS 136.06 (1).
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
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ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
A) ACTION REQUESTED/PURPOSE: Approve resolution that authorizes issuance of a loan from SunTrust Bank for up to $31,000,000 for the Transportation Facilities Refunding Revenue Bonds, Series 2011 which refinances the Transportation Facilities Refunding Revenue Bonds, Series 2001A for savings with a bank loan and approve budget amendment resolutions to reflect this transaction. (#20110884-COUNTY MANAGER) FUNDING SOURCE: Bank Loan Proceeds (To be repaid from Toll Revenues). WHAT ACTION ACCOMPLISHES: Allows for the issuance of a bank loan to refinance the Transportation Facilities Refunding Revenue Bonds, Series 2001A for savings estimated (subject to closing date) to be over $3.6 million over six years. MANAGEMENT RECOMMENDATION: Approve the proposal from SunTrust Bank to provide funding for the refinancing of the Transportation Facilities Refunding Revenue Bonds, Series 2001A with a bank loan for savings.
2. COMMUNITY DEVELOPMENT
3. CONSTRUCTION AND DESIGN
4. COUNTY COMMISSIONERS
5. COUNTY LANDS
6. HUMAN SERVICES
7. INDEPENDENT
8. NATURAL RESOURCES/SOLID WASTE
9. PARKS AND RECREATION
10. PUBLIC SAFETY
11. PUBLIC WORKS ADMINISTRATION
12. TRANSPORTATION
13. UTILITIES
14. COUNTY ATTORNEY
15. HEARING EXAMINER
16. CONSTITUTIONAL OFFICERS
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
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WALK ON AGENDA
1. ACTION REQUESTED/PURPOSE: Tentatively approve the new Service Agreement with Motorola Inc. for the 800 MHz Trunked Radio System mobile and portable radios in the amount of $520,272 annually for a period of three (3) years, effective October 1, 2011 to September 30, 2014. (#20110857-PUBLIC SAFETY) FUNDING SOURCE: Government Communications Network (GCN). WHAT ACTION ACCOMPLISHES: Provides the Public Safety Division continued maintenance services for the 800 MHz Trunked Radio System. MANAGEMENT RECOMMENDATION: Staff recommends approval. REASON FOR WALK ON: These are maintenance agreements covering service for the County's Emergency Radio System. Last year's agreements ended on September 30, 2011. As a result, these agreements are time sensitive and need to be considered by the Board as soon as possible so that current user requests for maintenance service can be carried out.
2. ACTION REQUESTED/PURPOSE: Tentatively approve the automatic renewal of Contract No. 1923 and approve the new Service Agreement with Motorola Inc. for the 800 MHz Trunked Radio System, in the annual amount of $500,777.76 for a period of three (3) years, effective October 1, 2011 to September 30, 2014. (#20110858-PUBLIC SAFETY) FUNDING SOURCE: Government Communications Network (GCN) WHAT ACTION ACCOMPLISHES: Provides the Public Safety Division continued maintenance services for the 800 MHz Trunked Radio System. MANAGEMENT RECOMMENDATION: Staff recommends approval. REASON FOR WALK ON: These are maintenance agreements covering service for the County's Emergency Radio System. Last year's agreements ended on September 30, 2011. As a result, these agreements are time sensitive and need to be considered by the Board as soon as possible so that current user requests for maintenance service can be carried out.
3. ACTION REQUESTED/PURPOSE: Approve and execute: 1) Resolution and West Coast Inland Navigation District (WCIND) application requesting $1,500,000 in funding from WCIND Countywide Navigation Improvement Fund; 2) Agreement between the WCIND and Lee County. (#20110918-NATURAL RESOURCES) FUNDING SOURCE: N/A. WHAT ACTION ACCOMPLISHES: Requests funding from WCIND. Approves agreement between the West Coast Inland Navigation District and Lee County for the reefing of USCGC Mohawk as a veterans memorial reef in Lee County. MANAGEMENT RECOMMENDATION: Approve. REASON FOR WALK ON: Item needs to be approved by the County Commission on 11/1/11 in order to be considered by WCIND at their Board meeting of November 4, 2011. The WCIND Board does not meet again until January 2012 which would cause an unacceptable delay and potentially jeopardize the project.
Page 10 Walk On Agenda (Continued)
4. ACTION REQUESTED/PURPOSE: Approve an agreement with Strategic Materials, Inc. whereby Lee County (or its recycling facility operator) will deliver mixed broken glass cullet to Strategic for recycling. Additionally, as included in the same agreement, authorize the Solid Waste Division to back-haul residue from Strategic's processing facility in Sarasota and dispose such residue at the waste to energy facility. The term shall be for a period from the date of approval by the BoCC until midnight of September 30, 2019. (#20110916-SOLID WASTE) FUNDING SOURCE: No additional funds required at this time. WHAT ACTION ACCOMPLISHES: Provides the Solid Waste Division with an outlet for its recycled glass cullet through September 30, 2019. Allows the Division to accept and transport Strategic's residue to the WTE facility. MANAGEMENT RECOMMENDATION: Approve. REASON FOR WALK ON: This item is time critical relative to receiving revenue and reducing expenses.
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9:30 AM PUBLIC HEARING
1. ACTION REQUESTED/PURPOSE: Conduct a public hearing to adopt by resolution the proposed redistricting of the Lee County Commission Districts in response to the year 2010 Census population data. (#20110803-COMMUNITY DEVELOPMENT) FUNDING SOURCE N/A. WHAT ACTION ACCOMPLISHES Complies with Florida Constitutional requirement that the Commissioners divide the county into districts of contiguous territory as nearly equal in population as possible after each decennial census. Establishes the revised configuration of the County Commission Districts. MANAGEMENT RECOMMENDATION Approve.
Page 9 Lee County Board Of County Commissioners Blue Sheet No. 20110902 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: Ceremonial presentation recognizing AKC Responsible Dog Ownership Day.
2. FUNDING SOURCE:
3. WHAT ACTION ACCOMPLISHES:
4. MANAGEMENT RECOMMENDATION:
5. Departmental Category: CP1 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute Commissioner: Tammy Hall Ceremonial Ordinance Department: COUNTY COMMISSIONERS Admin Code Division: Other By: 10. Background:
11. Required Review:
12. Commission Action:
Lee County Board Of County Commissioners Blue Sheet No. 20110898 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: Ceremonial presentation recognizing the Ol'geta Beckworth Foundation's Grandparents of the Year.
2. FUNDING SOURCE:
3. WHAT ACTION ACCOMPLISHES:
4. MANAGEMENT RECOMMENDATION:
5. Departmental Category: CP2 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute Commissioner: All Ceremonial Ordinance Department: COUNTY COMMISSIONERS Admin Code Division: Other By: 10. Background:
11. Required Review:
12. Commission Action:
Lee County Board Of County Commissioners Blue Sheet No. 20110899 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: Ceremonial presentation recognizing the Calusa Blueway Paddling Festival.
2. FUNDING SOURCE:
3. WHAT ACTION ACCOMPLISHES:
4. MANAGEMENT RECOMMENDATION:
5. Departmental Category: CP3 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute Commissioner: All Ceremonial Ordinance Department: COUNTY COMMISSIONERS Admin Code Division: Other By: 10. Background:
11. Required Review:
12. Commission Action:
Lee County Board Of County Commissioners Blue Sheet No. 20110864 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: Approve Interlocal Agreement between Lee County Board of County Commissioners and the Lee County Industrial Development Authority (IDA) for fiscal year 11/12.
The Agreement sets out the terms by which the IDA will administer the incentive program.
2. FUNDING SOURCE: N/A.
3. WHAT ACTION ACCOMPLISHES: Provides administration of the business incentive program.
4. MANAGEMENT RECOMMENDATION: Staff recommends approval.
5. Departmental Category: C1A 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute FS 159 Commissioner: All Consent Ordinance Department: ECONOMIC DEVELOPMENT Admin Code Division: No Divisions Other By: James Moore 10. Background: As part of the FY 11/12 budget approval process, the Board of County Commissioners approved the Economic Development office budget, which contained $1.5 million for the Lee County Job Opportunity Program (LCJOP). The IDA, in cooperation and agreement with the Economic Development office, will administer the Lee County Job Opportunity Program, one of Lee County's business incentive programs.
11. Required Review: Reginald James Moore David Harris Gregory Hagen Peter Winton Kantor ECONOMIC Budget Analyst Budget Services County Attorney County Manager DEVELOPMENT
12. Commission Action:
INTERLOCAL AGREEMENT
This Interlocal Agreement is made and entered into this ___ day of ______, 2011, by and between Lee County, a political subdivision of the state of Florida, by and through its Board of County Commissioners (hereafter referred to as “County”) and the Lee County Industrial Development Authority, an independent public body (hereafter referred to as “IDA”).
WITNESSETH:
WHEREAS, the IDA was established as a corporate and political public body pursuant to the Industrial Development Act as set forth in Chapter 159, Florida Statutes, and has such powers as are enumerated in Parts II and III of Chapter 159, F.S., as amended, including the financing of capital projects such as industrial and manufacturing plants and expanding the existing industry and business base of Lee County; and
WHEREAS, the exercise of such powers granted to the IDA is found to have a lawful and appropriate public and county purpose; and
WHEREAS, the County deems it appropriate to provide funding to the IDA for the Lee County Job Opportunity Program incentives and encourage the economic development of Lee County.
NOW, THEREFORE, in consideration of the above and the mutual covenants hereinafter contained, the parties hereto agree as follows:
1. The IDA will remain as an independent Authority as provided in Part III, Chapter 159, Florida Statutes, as amended, and shall perform those activities authorized by Chapter 159, F.S., which are necessary or appropriate for the public purposes described in the Florida Industrial Development Financing Act. In addition, it shall perform those activities necessary for the administration of its outstanding bonds. It shall expend all unencumbered funds in accordance with the provisions of Chapter 159, F.S., Parts II and III.
2. The County shall solicit and consider recommendations of the IDA regarding general economic development priorities of Lee County. The IDA will coordinate its goals and objectives with the Horizon Council and other economic development groups in Lee County, so as to further the overall economic development goals and objectives of Lee County. The IDA will assist the Board of County Commissioners and the Horizon Council in the implementation of the recommendations for economic development as approved by the County.
3. The County shall provide funding to the IDA for the Lee County Job Opportunity Program incentives as follows:
1 a. The IDA shall retain all fees collected in issuance of industrial development bonds. These funds are to be used to further promote economic development activities in coordination with its Economic Development Office and the Horizon Council. In addition, these funds shall be considered for funding special projects brought forward by the Economic Development Office.
b. The County shall provide adequate County staff, offices and meeting space to assist the IDA’s obligations to promote economic development , administering of state and county incentive programs, and developing industrial revenue bonding.
4. The IDA shall administer the Lee County portion of the Florida Qualified Targeted Industries Tax Refund Program (QTI) as specified in the Lee County Job Opportunity Program. The Economic Development staff on behalf of the IDA shall review completed application forms submitted by interested businesses. Upon review of the Economic Development staff recommendation, the IDA shall make a recommendation to the Board of County Commissioners for the adoption of a resolution as may be required by the State of Florida.
5. The IDA will administer the Lee County Job Opportunity Program, as specified in the Guidelines. The IDA will develop and modify, as needed, the application form, exhibits, and procedures for the program. Interested businesses may submit an application to be reviewed and vetted by the Economic Development Office with recommendations for an incentive award to be approved by the IDA. The IDA will have the authority to enter into a performance agreement with the business applicant. Any award approved by the IDA shall be paid based on paid voucher expenses with appropriate documentation, on a reimbursement basis only. Sufficient funds for the Job Opportunity Program will be provided to the IDA by the County prior to the commitment of such funds by the IDA to any applicant. These funds will be placed by the IDA into an interest bearing account with interest remitted annually to the County.
6. The County shall have the right at any time to direct an accounting of the IDA’s expenditures of County grant funds. The IDA agrees to provide to the County prompt access to all such IDA financial records upon the County's request for the purposes of such accounting or otherwise. The requirements of this paragraph shall survive the termination of this agreement.
7. The County shall be held harmless by the IDA for any expenditure by the IDA hereunder, and shall further be held harmless as to actions of its staff members while providing clerical and administration support to the IDA. The requirements of this paragraph shall survive the termination of this agreement.
2 8. The IDA shall provide the County with access to all information, reports, data, records and documents it may obtain regarding business prospects, but it is understood by both parties that these records or documents shall remain in the possession of the IDA. All information, records, reports, data and documents which are subject to the confidentiality provisions of § 288.075, Florida Statutes, shall be held confidential by the IDA insofar as it may legally do so.
9. This agreement shall commence on the date set forth above and shall terminate on September 30, 2012, except for those provisions that by their terms explicitly survive such termination.
ATTEST: BOARD OF COUNTY COMMISSIONERS CHARLIE GREEN, CLERK OF LEE COUNTY, FLORIDA
By: By:______Deputy Clerk Chair
APPROVED AS TO FORM:
By: ______Office of County Attorney
ATTEST: LEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
By: By: ______Chair
APPROVED AS TO FORM:
By: ______Attorney for IDA
3
Lee County Board Of County Commissioners Blue Sheet No. 20110871 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: Request Board execute Agreement between the Lee County Board of County Commissioners and the School Board of Lee County for the Saturday Driver’s Education Program and authorize release of $46,729.10 from the funds collected through Lee County Ordinance #02-28 Dori Slosberg Driver Safety Education Act.
Authorize Chair to execute agreement on behalf of the Board.
2. FUNDING SOURCE: Fund: Driver’s Education Trust; Program: Driver’s Ed Fee-Lee P; Project: School Board of Lee County for the Driver’s Education Program
3. WHAT ACTION ACCOMPLISHES: Provides approval for the release of funds collected for use of the Driver’s Education Program with the School Board of Lee County.
4. MANAGEMENT RECOMMENDATION: Approve
5. Departmental Category: C1B 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute Commissioner: Consent Ordinance Department: BUDGET SERVICES Admin Code AC-4-4 Division: No Divisions Other By: David Harris 10. Background: The Florida Legislature passed the Dori Slosberg Driver Safety Education Act in 2002 and the county adopted an ordinance that mandated an additional $3.00 assessment with each civil traffic penalty issued within Lee County to generate the revenue to fund this project.
Funds must be used to enhance school driver education programs in public and/or nonpublic schools.
We are therefore requesting the Board execute the Agreement between the Lee County Board of County Commissioners and the Lee County School Board for the Saturday Driver’s Education Program and authorize the release of $46,729.10 from the funds collected through Lee County Ordinance #02-28 Dori Slosberg Driver Safety Education Act. These funds are for Saturday driver education program at 13 high schools for 156 students for a ten week, seven and a half hour day program. Program to run from September 24, 2011 through December 10, 2011.
Funds will be available in the following account: GC5190313833.508150
Attachment: 1. Contract for execution
11. Required Review: David Harris Cindy Logan Tricia Jackson David Harris Andrea Fraser Peter Winton BUDGET SERVICES Purchasing Budget Analyst Budget Services County Attorney County Manager
12. Commission Action:
Lee County Board Of County Commissioners Blue Sheet No. 20110862 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: 1. Approve Addendum to the Construction Manager Agreement under project RFQ-11-05 ANNUAL CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Lee County DOT Traffic Operations Center, to Stevens Construction, Inc. (a local contractor), Contract No. 5696, for a Guaranteed Maximum Price (GMP) of $768,505.46 (includes CM Fee of $48,798.99 or 7.43%), with a project completion time of 180 calendar days, with 96% local vendors utilized. 2. Request the Board approve waiving the formal process (if needed) and authorize the use of Direct Materials Purchase Order as provided for in the CM Agreement, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure. 3. Approve Budget Resolution and Budget Transfers in the amounts of $76,000 from All Hazards Reserves and $117,907 from Capital Improvement Fund Reserves to the DOT Engineering/Operations Building Renovations Project and amend FY 11/12 budget accordingly. 4. Authorize Chair to execute Addendum on behalf of the Board upon execution by the Contractor. (#20110862- CONSTRUCTION AND DESIGN)
2. FUNDING SOURCE: Fund – General Fund and All Hazards; Program – Major Maintenance Project; Project – DOT Engineering/Operations Building Renovations
3. WHAT ACTION ACCOMPLISHES: Provides a Construction Manager to renovate Lee County DOT’s Traffic Operations Center (TOC). Renovations include but are not limited to the mechanical and electrical systems, video wall equipment and furniture. The new TOC will be able to monitor most of the major road intersections in Lee County.
4. MANAGEMENT RECOMMENDATION: Approve.
5. Departmental Category: C3A 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute Commissioner: Consent Ordinance Department: CONSTRUCTION AND DESIGN Admin Code AC-4-4 Division: No Division Other By: Damon Grant 10. Background: On June 14, 2011, the Board approved the award of RFQ-11-05 ANNUAL CONTRACT FOR CONSTRUCTION MANAGEMENT with a total of nine (9) firms. As approved under that blue sheet, each projects’ Guaranteed Maximum Price (GMP) will be brought back for Board approval.
It is being recommended that an Addendum to the Construction Manager Agreement be approved to Stevens Construction, Inc. (a local contractor) in the Guaranteed Maximum Price (GMP) of $768,505.46 for the Lee County DOT Traffic Operations Center.
The $117,907 that is being transferred from the Capital Improvement Fund Reserves represents the unspent budget that would have been carried over from the Traffic Building Replacement project that was completed in FY 10/11.
11. Required Review: Robert Damon Grant Emma Wolf David Harris Scott Coovert Doug Meurer Franceschini CONSTRUCTION Purchasing Budget Analyst Budget Services County Attorney Public Works Director AND DESIGN
12. Commission Action:
$600,000 is currently available in the General Fund to pay for the renovations. The scope of the project has increased to include an upgrade from a 175KW to a 300KW generator. This includes an automatic transfer switch and all associated electrical work for the installation and wiring of the generator which will provide emergency power to the entire building. To pay for these additional costs, $117,907 will be transferred from the Capital Improvement Fund and $76,000 will be transferred from All Hazards funds.
Funds will be available in account strings: 40675700100.503490 and 40675718200.503490
Attachments: 1) Price Proposal From Stevens Construction, Inc. Dated October 10, 2011 2) Request For Transfer of Funds (2) 3) Budget Amendment Resolution
Subcontractor Bid Recap Sheet Lee County DOT TOC Bid Date: 9/23/2011
SUBCONTRACTOR AMOUNT NOTES LOCATION Division 3 Concrete 1 True2Form$ 12,500.00 Fort Myers 2 Ogden Brothers$ 13,220.00 Naples 3 Naples Concrete$ 13,500.00 Naples 4 Allen Concrete Bid Not Submitted 5 Carpenter Contractors of America Bid Not Submitted 6 Sunshine Structures Bid Not Submitted 7 Commercial Concrete Systems Bid Not Submitted 8 A to Z Masonry Bid Not Submitted 9 Southwest Construction Bid Not Submitted Division 5 Steel 1 Southern Machine & Steel$ 13,799.00 Fort Myers 2 Bowman Steel$ 22,025.00 Lehigh Acres 3 Ott Welding$ 30,625.00 Bonita Springs 4 Zanette Construction Bid Not Submitted 5 Big Al's Welding Bid Not Submitted 6 Naples Ironworks Bid Not Submitted 7 Suncoast Industries Bid Not Submitted Division 6 Casework 1 The Cabinet Shop$ 3,077.00 Fort Myers 2 Fusion Industries$ 4,346.00 Fort Myers 3 Montgomery Cabinetry Company$ 5,386.00 Lehigh Acres 4Eternity Cabinets$ 2,835.00 Not Per Plans Fort Myers Division 7 Insulation 1 Trueline$ 10,800.00 Fort Myers 2 BB&B Construction Services$ 11,152.00 Fort Myers 3 Acousti$ 11,377.00 Fort Myers 4 Rice Insulation & Glass$ 5,290.00 Incomplete Bid Submitted Bonita Springs 5 West Coast Insulation Incomplete Bid Submitted Division 8 Doors/Frames/Hardware 1 Division Eight Distribution$ 8,166.00 Oviedo 2 Creative Door and Millwork$ 8,285.00 Fort Myers 3 Suncoast Contractor's Supply$ 8,082.00 Incomplete Bid Submitted Fort Myers 4 Field's Door and Hardware Bid Not Submitted 5 Smith & DeShields Bid Not Submitted Division 8 Doors/Frames/Hardware 1 Action Glass, Inc.$ 8,419.00 Cape Coral 2 Diamond Glass & Aluminum$ 8,744.00 Fort Myers 3 Gatewood Glass$ 37,239.00 Fort Myers 4 Diamond Drywall and Glass Bid Not Submitted Division 9 Drywall 1 BB&B Construction Services$ 25,468.00 Fort Myers 2 Daly Construction$ 36,000.00 Fort Myers 3 Fenton Davis$ 36,850.00 Naples 4 W. McDaniel Bid Not Submitted 5 Schear Drywall Bid Not Submitted 6 Naples Plastering & Drywall Bid Not Submitted 7 Diamond Drywall and Glass Bid Not Submitted Division 9 Acoustic Ceiling 1 Trueline$ 10,150.00 Fort Myers 2 Acousti$ 11,449.00 Fort Myers 3 Rice Insulation & Glass$ 16,720.00 Bonita Springs 4 WestWt CoastCt InsulationIlti IncompleteI lt Bid BidSb Submitted ittd Division 9 Flooring 1 Wayne Wiles Floor Covering$ 8,633.25 Fort Myers 2 Acousti$ 11,794.00 Fort Myers 3 World Interiors$ 13,010.00 Fort Myers 4 Carpet Concepts Bid Not Submitted Division 9 Painting 1 Gwintaro$ 3,267.00 Fort Myers 2 Fenton Davis$ 5,062.00 Naples 3 Florida Service Painting$ 6,266.00 Fort Myers 4 Steve's Painting, Inc.$ 6,437.00 Cape Coral Division 15 Fire Sprinkler 1 Central Fire$ 2,055.00 Arcadia 2 CT Fire$ 3,900.00 Fort Myers 3 Bink, Inc.$ 3,995.00 Fort Myers 4 B&I Contractors, Inc. Bid Not Submitted Division 15 Fire Suppression 1 Central Fire$ 15,585.00 Arcadia 2 United Fire$ 20,425.00 Tampa 3 B&I Bid Not Submitted Division 15 Plumbing 1 Plumbing Solutions$ 250.00 Fort Myers 2 Cape Coral Plumbing$ 300.00 Cape Coral 3 Page Mechanical Included in HVAC Price Fort Myers Division 15 HVAC 1 B&I Contractors, Inc.: NEW$ 106,900.00 Fort Myers 2 United Mechanical: NEW$ 112,000.00 Fort Myers 3 Page Mechanical: OLD$ 202,345.00 Fort Myers 4 Wentco: OLD$ 193,000.00 Fort Myers Division 15 HVAC Controls 1 BoydBdBt Brothersh Service, SiI Inc.$ 29,215.0029 215 00 PtGdPunta Gorda 2 ESSI $ 19,700.00 Fort Myers Division 16 Electric 1 Doyle Electric Services, Inc.$ 259,390.00 Fort Myers 2 Acra$ 268,490.00 Cape Coral 3 Wentco$ 349,000.00 Fort Myers 4 B&I Contractors, Inc. Bid Not Submitted Division 16 Low Voltage 1 Aztek$ 45,080.00 Naples 2 Fiber Solutions$ 89,490.86 Fort Myers 3 Safetec$ 4,234.17 Fort Myers Lee County DOT/TOC GMP Clarifications October 10, 2011
1. Architectural plans dated 9/14/11 by Sheeley Architects. 2. Engineering plans dated 8/29/11 by TLC Engineering. 3. Addendum # 1 dated 9/22/11 is included 4. Addendum #2 dated 9/22/11 is included 5. Addendum #3 dated 9/28/11 is included 6. Specification Division 7-04 indicates to provide 1” rigid insulation at exterior walls. Sheet A7.1 indicates to provide ¾” As per plan, ¾” will be provided. 7. Specification Division 9-04 – acoustic ceilings system differs from system detailed on plans. System as per plans will be provided. 8. Trench details on sheet A1.1 will not be provided. Underslab conduits will be installed by saw-cutting concrete and hand digging trenches. Concrete slab will be doweled and re- poured with 3000psi concrete. 9. Fuel for the generator to be supplied by Lee County with the exception of fuel needed for initial testing requirements. 10. There are no provisions in general conditions for auxiliary construction office space. 11. Alternate #7 – replace existing generator is included in pricing. All other alternates are NOT included. 12. Sheet T-101 note 13 indicates (9) TOC IT cabinets. We are providing (3) total TOC IT cabinets located as per note 12 on Sheet T-101.
Lee County DOT/TOC GMP Exclusions October 10, 2011
1. Impact and permit fees 2. Hazardous material abatement or removal 3. Architectural and Engineering fees or design 4. Soil Remediation 5. Materials Testing (soil, concrete, etc…) 6. Builders Risk Insurance 7. Specification Division 3A –precast concrete (none shown on plans) 8. Specification Division 7-03 – modified bitumen roofing (none shown on plans) 9. Specification Division 8-03 – exterior storefront entrance doors (none shown on plans) 10. Specification Division 9-05 – ceramic tile (none shown per plans) 11. Specification Division 9-06 – window stools (none shown per plans) 12. Temporary electric power consumption costs 13. Temporary water consumption costs. 14. No conduit or wire will be provided or installed for “future HVAC chiller”.
R E S O L U T I O N #
Amending the Budget of General Fund 00100 to incorporate the unanticipated receipts into Estimated Revenues and Appropriations for the fiscal year 2011-2012.
WHEREAS , in compliance with the Florida Statutes 129.06(2), it is the desire of the Board of County Commissioners of Lee County, Florida, to amend the General Fund 00100 budget for $117,907 for the interfund transfer from the Capital Improvement Fund and an appropriation of a like amount for other contracted services and;
WHEREAS , the General Fund 00100 budget shall be amended to include the following amounts which were previously not included.
ESTIMATED REVENUES Prior Total: $487,050,337 Additions
GC5810100100.381000.930100 Inter-fund Transfer from 30100 117,907
Amended Total Estimated Revenues $487,168,244
APPROPRIATIONS Prior Total: $487,050,337 Additions
40675700100.503490 Other Contracted Services 117,907
Amended Total Appropriations $487,168,244
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lee County, Florida, that the General Fund 00100 budget is hereby amended to show the above additions to its Estimated Revenue and Appropriation accounts.
Duly voted upon and adopted in Chambers at a regular Public Hearing by the Board of County Commissioners on this day of ______, 2011.
ATTEST : BOARD OF COUNTY COMMISSIONERS CHARLIE GREEN , EX-OFFICIO CLERK LEE COUNTY , FLORIDA
BY: ______DEPUTY CLERK CHAIR
APPROVED AS TO FORM
DOC TYPE YA LEDGER TYPE BA OFFICE OF COUNTY ATTORNEY
C:\PROGRAM FILES\NEEVIA.COM\DOCUMENT CONVERTER\TEMP\420358.DOT C5696
ADDENDUM TO CONSTRUCTION MANAGER AGREEMENT LEE COUNTY CONTRACT NO. 5696 BETWEEN LEE COUNTY BOARD OF COUNTY COMMISSIONERS AND STEVENS CONSTRUCTION INC. FOR THE PROJECT KNOWN AS LEE COUNTY DOT TRAFFIC OPERATIONS CENTER
The following Addendum is made and entered into on this ____ day of ______, by and between the Lee County Board of County Commissioners (COUNTY) and Stevens Construction Inc., and constitutes an Addendum to that certain Construction Manager Agreement, Contract No. 5696 for the project known as County-Wide Continuing Contract for Construction Management which was made and entered into on April 7, 2009.
The below provisions shall constitute the Addendum to Lee County Contract No. 5696
ARTICLE 1 – EXTENT OF AGREEMENT 1. 1.03, Extent of Agreement. This agreement for Construction Management Services for the LEE COUNTY DOT TRAFFIC OPERATIONS CENTER represents the entire agreement between the Owner and the CM and supersedes any prior negotiations, representations or agreements. This Agreement shall not be superseded by any provisions of the Project Plans and Specifications and may be amended only by written instrument signed by both Owner and CM. This Agreement is intended to be consistent with and implement the approved program for the LEE COUNTY DOT TRAFFIC OPERATIONS CENTER as defined by the Owner.
ARTICLE 3 - COMPENSATION 2. 3.01, CM'S Compensation. The Owner agrees to pay to the CM as compensation for all of its services and work provided for hereunder, including pre-construction and construction services and work, the sum of a CM fee of 7.43% of the total GMP, plus Reimbursable Project Costs as provided for in Exhibit A, Part IB. Provided that additional CM fee is not due CM, the amount of $48,798.99 shall represent the entire fee due CM, irrespective of the actual cost of the Project as reflected by the Guaranteed Maximum Price (GMP) established by CM. That sum shall be payable as follows:
CM fee. Not more often than once a month, and on a date established at the Project Pre- Construction Conference, the CM will submit to the Project Manager for review the Estimate and Requisition for Payment form No. CMO:013. This form shall be filled out and signed by the CM covering the Work-In-Place as of the date of the Application and supported by such data as the Project Manager may reasonably require. In the event that the Project Substantial Completion Date occurs prior to expiration of the construction phase period as set forth in the Project Schedule, the entire remaining balance due under the terms of this Subparagraph (2) shall be due and payable on the Punch List Completion Date.
1 ARTICLE 3 – COMPENSATION (Continued)
Reimbursable Project Costs. Based on application for payment for the actual cost of work completed, submitted monthly, itemized to correspond to the basis of compensation as set forth in Exhibit A, including supportive documentation.
ARTICLE 3 - COMPENSATION 3. 3.02, The Project; Changes in the Project; Additional Fee, The Guaranteed Maximum Price (GMP) for the project shall be $768,505.46.
ARTICLE 3 - COMPENSATION 4. 3.03, Period of Construction; Additional Fee, Owner, AE and CM expect and believe that the period of construction or construction phase for the Project shall be 150 calendar days to substantial completion and 180 calendar days to final completion.
In the event that the construction schedule is extended by agreement of Owner and CM due to changes in the Project requested by Owner, CM shall be entitled to additional CM fee of $8,133.17 per calendar month, or $271.11 per calendar day, beyond such 180 calendar day period less any fee increase.
ARTICLE 4 – CONSTRUCTION MANAGER’S RESPONSIBILITIES AND SERVICES 5. 4.06 Project Schedule; Substantial Completion; Occupancy (1) The CM shall be assessed liquidated damages in the amount of $700.00 per calendar day for each day completion is extended beyond this Project Substantial Completion Date, plus any fines and penalties directly imposed against Owner by any regulatory and/or governmental authority against Owner.
ARTICLE 5 – OWNER’S RESPONSIBILITY 6. 5.06, Construction Inspections and Coordination. Owner, AE and CM agree to cooperate and coordinate with each other and all Permitting Authorities, including specifically: Lee County Codes & Building Services
ARTICLE 13 - MISCELLANEOUS 7. 13.05, Notices. All notices, demands, requests for approvals or other communications which may be or are required to be given by either party to the other in writing shall be deemed given and delivered on the date received by the person listed below or the Authorized Representative, or, if notice is by mail, on the date mailed to the address below or, if by hand delivery, on the date delivered to the address below:
To the CM: Stevens Construction 6208 Whiskey Creek Drive Fort Myers FL 33919
With a Copy to: Mr. Mark Stevens
To the Consultant: Sheeley Architects
With a Copy to: Michael Sheeley
2
ARTICLE 13 – MISCELLANEOUS (Continued)
7. 13.05, Notices (Continued)
To the Owner: Lee County Board of County Commissioners P.O. Box 398 Fort Myers, FL 33902-0398
With a Copy to: Ayoub Al-Bahou Construction & Design
8. Exhibit A Project Costs.
9. Public Payment and Performance Bond is attached hereto and made a part hereof.
10. Certificate of Insurance, is attached hereto and made a part hereof.
IN WITNESS WHEREOF, the parties have executed this Addendum on the day and year first above written.
Signed, sealed, and delivered in the presence of:
Secretary (Correct Name of Business)
By:
(Corporate Seal) Title
Date:
BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA
ATTEST: Clerk of the Board By: ______Chair
By: Date: Deputy Clerk
APPROVED AS TO FORM
By: Assistant County Attorney
3 EXHIBIT A DEFINITIONS
1. "Agreement" means this Agreement between Owner and Construction Manager, including any Exhibits attached hereto, and any amendments or revisions to this Agreement or any of the exhibits.
2. "Authorized Representative" means the person designated by the Owner and CM, respectively, to act on its behalf, pursuant to the terms of this Agreement. The Authorized Representative is referred to herein in this Agreement as Project Coordinator.
3. "Change Order" means a written order to the CM signed by the Owner, issued after execution of the Contract, authorizing a change in the Work or an adjustment in the Guaranteed Maximum Price or the Contract Time. The Guaranteed Maximum Price and the Contract Time may be changed only by a Change Order. A Change Order signed by the CM indicates his agreement therewith, including the adjustment in the Guaranteed Maximum Price or the Contract Time.
4. "Completion (Final)" means acceptance of the Project by the Owner as evidenced by its signature upon a final payment Certification form No. CMO:505(3) and approval thereof by the Board of County Commissioners or their designee. The final payment Certification shall be signed only after the Owner has assured itself by tests, inspections, or otherwise that all of the provisions of the Contract have been carried out as required.
5. "Completion (Substantial)" means an acceptance of the Work by the Owner when construction is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the work or designated portion thereof for the use for which it is intended. A certificate of occupancy or compliance, when applicable, issued by the Building Official is required concurrent with or prior to issuance of the Certificate of Substantial Completion.
6. "Construction Commencement Date" means the date upon which the building permit and/or any other certificate, license, or approval by the Permitting Authority acting in its governmental and regulatory capacity required to be obtained, issued, granted or received prior to or as a condition precedent to the commencement of any construction on the Project, or any part thereof, is received, but in no event prior to the approval by the Owner of the GMP and issuance of a Notice to Proceed.
7. "Effective Date of the Agreement" means the date on which the agreement is signed and delivered by the latter of the two parties. 8. "Exhibits" means those agreements, forms of agreements, instruments and other documents attached hereto and designated as exhibits to this Agreement or incorporated by reference into this Agreement.
9. "Field Change Order" is a written change order requested by the AE, accepted by the CM, and approved by the Project Coordinator for minor changes in the Work, not involving the adjustments in the Guaranteed Maximum Price or an extension of Time, and not inconsistent with the overall intent of the Contract Documents.
10. "Field Directive Change" is a written directive to the CM, issued on or after the effective date of the Agreement ordering an addition, deletion, or revision in the Work, or responding to differing
4 or unforeseen physical conditions under which the Work is to be performed or to emergencies. A Field Directive Change may not change the Guaranteed Maximum Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Field Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Guaranteed Maximum Price or the Contract Time.
11. "Force Majeure" means those conditions constituting excuse from performance as described in and subject to the conditions described in Paragraph 10.01 hereof.
12. "Guaranteed Maximum Price (GMP)" is established by the CM guaranteeing the maximum price to the Owner, for the construction cost of the project.
13. "Owner" means Lee County, Florida, a political subdivision of the State of Florida, and any successor in interest thereto.
14. "Permitting Authority" means Lee County and any other applicable governmental authority acting in its governmental and regulatory capacity, which is required to issue or grant any permit, certificate, or other approval which is required to issue or grant any permit, certificate, or other approval which is required as a condition precedent to the commencement of any construction of the Project, or any part thereof, including the Building Permit.
15. "Project" means the design, construction and equipping of the BUS SHELTER PROGRAM- PHASE 2 - 6 and related or appurtenant facilities thereto, in accordance with the Project Plans and Specifications.
16. "Project Architect" or "AE" means N/A and their successors and assigns, who have been selected by and retained by the Owner to provide the services of licensed architect-engineer for the Project as contemplated by this Agreement.
17. "Project Budget" means the compilation of identified costs for all services to be provided by CM, Project Architect and Subcontractors in connection with the planning, design, construction and equipping of the Project in accordance with the Project Plans and Specifications.
18. "Project Plans and Specifications" means the construction drawings and final specifications prepared by the Project Architect and any changes, supplements, amendments or additions thereto approved by the Owner and CM, which shall also include any construction drawings and final specifications required for the repair or construction of the Project.
19. "Project Schedule" means the estimated and approximate schedule and sequence of events for the commencement, progression and completion of the Project, and as such schedule may be amended as provided for in the Agreement.
20. "Punch List Completion Date" means the date upon which all previously incomplete or unsatisfactory items, as identified by CM, Project Architect and/or Owner are completed in a competent and workmanlike manner, consistent with standards for renovation of this type and with good building practices in the State of Florida.
21. "Subcontractor" means any person or organization as defined in Paragraph 6.01 hereof.
5 EXHIBIT B
PROJECT COSTS
"Project Costs" mean all of the costs incurred by the Owner and CM [excluding Part II, below] in planning, constructing and equipping the Project, all of which Project Costs are to be incorporated within the GMP established by the CM, and without excluding any cost not listed but which is specifically identified in the Agreement, shall include the following:
PART I
Part IA - Costs Included Within CM Fees
Proportion related to this project of:
Salaries or other compensation of the CM's officers, partners and/or employees at its principal office and branch offices unless otherwise indicated in Part IB.
CM's general operating and overhead expenses of the CM's principal and branch offices, and all CM profit.
The costs of all offsite data processing staff and data processing equipment.
Licenses.
Principal and branch office supplies including paper, pencils, paper clips, file folders, staples, etc.; janitorial supplies.
Costs for copies of documents created within the PMIS Reporting System and copies of all documents furnished to Owner.
Part IB – Reimbursable Project Costs Included as General Conditions
Wages and salaries of the Construction Manager's superintendent when stationed at the site with the Owner's agreement.
Travel reimbursement pursuant to Florida Statutes (meals & lodging outside Lee County).
Expenses such as telephone and facsimile service at the site, long-distance telephone charges, expressage, and postage.
Contractors public liability and property damage insurance; and Worker's Compensation insurance.
Construction or other work performed by CM or otherwise, which, when CM is permitted to bid pursuant to this agreement, shall be for the bid price or where such work is performed pursuant to emergency or similar circumstances, shall be for the wages paid
6 for labor in the direct employ of the CM (as opposed to wages paid to management or supervisory personnel), and such fringe benefits, if any, as may be payable with respect thereto.
Blueprint Copies - Costs of all reproductions used for bidding or information which may be distributed to vendors and the public.
Electrical Power consumption (monthly) - temporary construction use only.
Water consumption (monthly) - temporary construction use only.
Cleanup at the job site.
Barricades and safety equipment at the job site.
Temporary fencing and gates at the job site.
Signs at the job site, only sign permitted on site is project sign as defined in construction specification.
Weather protection at the job site.
Construction office trailer at the job site.
Record Drawings.
Progress Photographs/Video.
Payment and Performance Bonds.
Owner's Insurance, including Builders Risk and Completed Products and Operations insurance
Cost of all materials, supplies and equipment incorporated by CM in the Project, including costs of transportation and storage thereof.
Cost including transportation and maintenance of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen, which are employed or consumed in the performance of the work and cost less salvage value on such items used but not consumed which remain the property of the CM.
The actual direct out-of-pocket cost to the CM of corrective or warranty work subject to the GMP and except for any corrective work made necessary because of defective workmanship or other causes contributed to by the CM and limited to the extent recovery is available from the subcontractor or supplier.
No costs shall be paid by the Owner to the CM for any expenses made necessary to correct defective workmanship or to correct any work not in conformance with the Plans and Specifications or to correct any deficiency or damage caused by negligent acts by the CM.
7
Surveys; layout equipment and materials.
Temporary Toilets/holding tanks.
Dumpsters at the job site.
Watchmen at the job site.
All costs directly incurred in the performance of the Project for the benefit of the Project and not included in the CM's fees as set forth in the Agreement.
PART II
Owner's Expenses
The Agreement includes items designated or contemplated as items to be provided by Owner, but excluded for the purposes of determination of the project costs or GMP. These items include but may not be limited to the following:
Site conditions (such as hazardous materials, concealed subsurface conditions and assorted tests and corrective measures).
Additional surveys, except construction layout.
Easements and temporary construction easements.
Land use approvals, if required.
Impact Fees.
Blue Print/Printing copies of the construction documents, plans and specifications.
Permits.
Additional insurance, if any.
Any additional consultant fees as may be required, additional AE fees, additional CM fees.
All furniture, equipment and materials purchased and installed by Owner or other than CM.
Previously approved AE fees.
Already paid site acquisition costs.
Already completed Geotechnical and site studies.
Services provided by the Owners employees in planning, constructing and equipping the project.
8
Lee County Board Of County Commissioners Blue Sheet No. 20110872 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: A) Approve Transit Station License Agreement for acquisition of Parcel 132 (Phase 3, Shelter 16), a 381 sq. ft. bus stop shelter site, located at 2523 Lee Blvd, Lehigh Acres, for the Lee Transit Shelter Program;
B) Authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.
2. FUNDING SOURCE: This expenditure is budgeted in the Transit Capital Fund and will be reimbursed at 100% by the Federal Transit Administration.
3. WHAT ACTION ACCOMPLISHES: Acquisition of a site for the construction and operation of bus stop shelter facilities.
4. MANAGEMENT RECOMMENDATION: Approve
5. Departmental Category: C5A 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute 125 Commissioner: Consent Ordinance Department: COUNTY LANDS Admin Code Division: No Divisions Other By: Karen Maguire 10. Background: The Lee County Transit Shelter Program identifies bus stops with sufficient passenger boarding or locations with community needs that warrant the installation of bus stop shelters or additional bus stop shelter amenities. Locations are selected throughout the County to ensure equity of bus stop improvements to all bus routes. This License will permit the County to install/operate bus stop shelter improvements at the specified location. Negotiated for: Lee County Transit Interest to Acquire: Transit station license (±381 sq. ft.) for a site located at 2523 Lee Boulevard, Lehigh Acres (Phase 3, Shelter 16). Property Details: Owner: Wal-Mart Stores East, LP, a Delaware Limited Partnership Address: 2523 Lee Blvd., Lehigh Acres, FL STRAP No.: Easement interest in portion of 25-44-26-00-00002.0000 Purchase Details: This license interest is being granted at no cost to Lee County. Account: Recording costs are estimated to be $75, and will be paid from Account No. Expense: KI5440148640.506820.081 (Independent Division, Fixed Route, Transit Capital, Int. Assets – ROW & Easements, Route Maintenance), Revenue: KI5440148640.331420.9006 (Independent Division, Fixed Route, Transit Capital, FTA USC 5307 Current) Attachments: Transit Station License Agreement (2 Originals), Title Data, Location Map
11. Required Review: Karen Maguire Steve Myers Mike Jacob Jim Lewin Mike Figueroa Tricia Jackson COUNTY LANDS TRANSIT County Attorney Budget Analyst Risk Grants Holly David Harris Schwartz Budget Services County Manager 12. Commission Action:
Lee County Board Of County Commissioners Blue Sheet No. 20110886 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: A) Approve Grant of Access License Agreement for a 9,424 square foot parcel located on County-owned property at 10550 Buckingham Road, Fort Myers and identified as the Lee County Solid Waste Facility; B) Authorize the Chairman on behalf of the Board to execute the Access License Agreement; C) Authorize County Lands Staff to execute and accept all documentation necessary to complete this transaction.
2. FUNDING SOURCE: No funds required.
3. WHAT ACTION ACCOMPLISHES: Grants license to utility company to install fiber optic lines for purpose of upgrading data service to a County Facility.
4. MANAGEMENT RECOMMENDATION: Approve
5. Departmental Category: C5B 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute 125 Commissioner: Consent Ordinance Department: COUNTY LANDS Admin Code Division: No Divisions Other By: Karen Maguire 10. Background: Negotiated for: Information Technology
Interest to Grant: License
Property Details: Licensee: Embarq Florida, Inc., DBA Centurylink, a Florida Corporation Address: 10550 Buckingham Road, Fort Myers STRAP No.: 24-44-25-00-00001.0000
Justification: Grant of the license will allow installation of fiber-optic utilities for the purpose of upgrading data services to the Solid Waste Facility located at 10550 Buckingham Road, Fort Myers.
Attachments: Access License Agreement, Location Map
11. Required Review: James Dawn PerryPerry---- Karen Maguire Thelma Davis David Harris Peter Winton Desjarlais Lehnert INFORMATION COUNTY LANDS TECHNOLOGY Budget Analyst Budget Services County Attorney County Manager GROUP
12. Commission Action:
Lee County Board Of County Commissioners Blue Sheet No. 20110887 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: A) Approve Grant of Access License Agreement for a 1,902 square foot parcel located on County-owned property at 1366 Colonial Boulevard, Fort Myers and identified as the LeeWay Service Center; B) Authorize the Chairman on behalf of the Board to execute the Access License Agreement; C) Authorize County Lands Staff to execute and accept all documentation necessary to complete this transaction.
2. FUNDING SOURCE: No funds required
3. WHAT ACTION ACCOMPLISHES: Grants license to a utility company to install fiber optic lines for the purpose of upgrading data service to County Facility.
4. MANAGEMENT RECOMMENDATION: Approve
5. Departmental Category: C5C 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute 125 Commissioner: Consent Ordinance Department: COUNTY LANDS Admin Code Division: No Divisions Other By: Karen Maguire 10. Background: Negotiated for: Information Technology
Interest to Grant: License
Property Details: Licensee: Embarq Florida, Inc., DBA Centurylink, a Florida Corporation Address: 1366 Colonial Boulevard, Fort Myers STRAP No.: 03-45-24-P2-00060.0060
Justification: Grant of the license will allow installation of fiber-optic utilities for the purpose of upgrading data services to the LeeWay Service Center located at 1366 Colonial Boulevard, Fort Myers.
Attachments: Access License Agreement, Location Map
11. Required Review: James Dawn PerryPerry---- Karen Maguire Thelma Davis David Harris Peter Winton Desjarlais Lehnert INFORMATION COUNTY LANDS TECHNOLOGY Budget Analyst Budget Services County Attorney County Manager GROUP
12. Commission Action:
Lee County Board Of County Commissioners Blue Sheet No. 20110834 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: (1) Approve FY 2011/2012 contracts for the Partnering for Results program in the amount of $3,386,450 per the Review Panel funding recommendation as proposed in the Attachment I. Authorize signature of the contracts and necessary future amendments once completed by the community agencies. (2) Authorize Human Services to negotiate adjustments in outcomes, total contract amount, unit rates and/or units purchased as necessary. (3) Approve set aside of $230,000.00 for FY 2011/2012 contract with Early Learning Coalition of Southwest Florida for the income eligible/working poor School Readiness Program child care match. Authorize signature of the contract and necessary future amendments once completed by the agency. (4) Approve set aside of $270,000 for implementation of priority areas indicated in the Ten Year Plan to End Homelessness by sustaining operations of the Bob Janes Triage Center/Low Demand Shelter. Authorize signatures of the contracts and necessary future amendments once completed.
2. FUNDING SOURCE: General Fund
3. WHAT ACTION ACCOMPLISHES: Provides County funding for social service programs
4. MANAGEMENT RECOMMENDATION: Approve
5. Departmental Category: C6A 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute Commissioner: All Consent Ordinance Department: HUMAN SERVICES Admin Code Division: No Divisions Other By: Ann Arnall 10. Background: The Partnering for Results (PFR) funding recommendations were finalized on August 30, 2011 by the PFR Proposal Review Panel. Based on available funding the recommendation will fully fund twenty-nine (29) proposals and partially funded one (1) for a total of thirty (30) programs in the amount of $3,386,450. Programs funded will cover the following priority outcome areas: Activities for Children and Youth (13), Supportive Living (14), and Emergency Assistance (3).
In addition, $230,000 will be allocated to match the School Readiness Program which provides child care for low income families and will be administered by Early Learning Coalition and $270,000 will be allocated to implement the 10 year plan to end homeless by sustaining operations of the Bob Janes Triage Center/Low Demand Shelter. The total amount allocated to the Partnering for Results process is $3,886,450. The BOCC approved the amount to be funded at the budget hearing on September 21, 2011.
Partnering for Results proposals are based upon a reimbursement rate per unit of service that was projected by the agencies in June 2011. Department staff will work with agencies and agree on a contracted unit rate if the projected number of units or unit rate differs from what current financial and service data supports. Once the unit rate is
11. Required Review: Robert DonnaDonna----MarieMarie Ann Arnall Mike Figueroa Tricia Jackson David Harris Franceschini Collins RISK HUMAN SERVICES Purchasing Budget Analyst Budget Services County Attorney MANAGEMENT Holly Schwartz County Manager 12. Commission Action:
approved by Department staff, the agency will be reimbursed at the fixed rate throughout the contract period for an amount not to exceed allocated amount.
Funds are available in the account string: FC5690200100.508210
Thirty-two (32) contracts will be routed once prepared.
Attachments: Bluesheet Attachment I (Funding Recommendations) Contract Template
2011/2012 FUNDING RECOMMENDATIONS (ATTACHMENT I)
AGENCY (20 Agencies) PROGRAM (30 Proposals) Amount 1 ACT Resential Program $317,681 2 Lee Memorial Health Systems H.O.P.E (Healthy Start) $189,030 3 Community Cooperative Ministries Meals on Wheels $59,999 4 IMPACT Early Intervention $211,143 5 Childrens Adovacy Center Pine Manor After School $43,571 6 Salvation Army Safe Shelter $53,988 7 Lutheran Services CINS/FINS $151,800 8 ICAN Case Management $156,980 9 Lutheran Services Oasis Youth Shelter $125,019 10 Childrens Adovacy Center Family Alliance $143,213 11 LARC Group Homes $136,800 12 Dr. Piper Center Foster Grandparent Program $97,998 13 Dr. Piper Center - Senior Companion Program $101,700 14 LARC Day Activitiy Training $269,100 15 PACE Transitional Services Program $28,500 16 Senior Friendship Centers Case Management $25,000 17 Catholic Charities Positive Youth Development $56,701 18 Visually Impaired Persons (VIP) Independent Living Program $69,700 19 Catholic Charties AFCAAM After School Reading $87,413 20 Senior Friendship Centers Nutrition $71,405 21 Fort Myers YMCA Youth Development Program $143,135 22 Visually Impaired Persons (VIP) Vocational Rehabilitation $25,000 23 Boys & Girls Clubs After School & Summer Enrichment $338,861 24 LARC Community Support Services $97,400 25 Big Brothers Big Sisters Community Based Mentoring $57,931 26 Deaf Service Center IMPACT $60,998 27 Our Mothers Home Mentored Living Skills for Life $51,841 28 Dr. Piper Center Senior Employment Program $33,600 29 Quality Life Centers Arts, Character & Education $139,992 30 Catholic Charities Senior Connections $40,951 TOTAL TO BE FUNDED UNDER COMPETITIVE PROCESS $3,386,450.00 10 Year Plan to End Homelessness Set Bob Janes Traige Center/Low Demand Shelter Aside $ 270,000.00 Early Learning Coalition of SW Florida BG8 Child Care Set Aside $ 230,000.00 Amount to allocate to agencies $3,886,450.00 Allows for partial funding of Catholic Charities Senior Connections Program (Requested $56,011 will be funded for $40,951).
S:\INTSVCS\Partnering for Results\PFR 2011-2012\Bluesheets\Bluesheet Attachment I.xlsxProposals
Lee County Board Of County Commissioners Blue Sheet No. 20110881 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: Approve purchases of Maintenance, Repair and Operations (MRO) Products from Lowes under Project No. N- 110499. The County will receive a 5% discount on all of our purchases. (#20110881-PROCUREMENT MANAGEMENT)
2. FUNDING SOURCE: Various Departments. Purchases will be made based on available budgeted funds for the specific department. Any purchases above $100,000 will be formally presented to the Board for approval.
3. WHAT ACTION ACCOMPLISHES: Provides another outlet for Departments and Divisions to purchase MRO products on an as-needed basis at a reduced price.
4. MANAGEMENT RECOMMENDATION: Approve as stated.
5. Departmental Category: C7A 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute Commissioner: Consent Ordinance Department: PROCUREMENT Admin Code AC-4-1 MANAGEMENT Other Division: No Divisions By: Robert Franceschini 10. Background: 10. Background: Annually, the County spends approximately $200,000 on MRO product from Lowes without the benefit of a savings or a discount program. Recognizing this trend, Procurement Management approached Lowes and successfully negotiated a 5% discount on everything that Lee County purchases. Therefore, based on that number and a 5% discount the County will save at least $10,000 annually.
This negotiated discount and Project N-110499 will continue in effect until Procurement can obtain an increased discount from Lowes or the corporation otherwise notifies the County that the program has been eliminated. Any changes in the rebate structure obtained by Procurement will be brought back to the Board for approval. Please see attachments: (1). Lowe’s discount structure (2). E-mail explaining program
11. Required Review: Robert Robert Dawn PerryPerry---- Jim Lewin David Harris Peter Winton Franceschini Franceschini Lehnert PROCUREMENT Purchasing Budget Analyst Budget Services County Attorney County Manager MANAGEMENT
12. Commission Action:
Lee County Board Of County Commissioners Blue Sheet No. 20110890 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: Execute Joint Funding Agreement No. 12GGESMC0000109 with the U.S. Geological Survey for Southwest Florida Water Resource Investigations for the period October 1, 2011 through September 30, 2012. The total project cost for the Cooperative Data Collection Program is $162,833. The U.S. Geological Survey is providing $65,091 and Lee County’s cooperative share totals $97,742.
2. FUNDING SOURCE: Fund – MSTU-Surface Water Management; Program – Surface Water Management; Project – N/A.
3. WHAT ACTION ACCOMPLISHES: Continue cooperative work with U.S. Geological Survey which provides critical data for hydrologic modeling and assessment of flood conditions.
4. MANAGEMENT RECOMMENDATION: Staff recommends approval.
5. Departmental Category: C8A 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute Commissioner: Consent Ordinance Department: NATURAL RESOURCES Admin Code Division: No Divisions Other Agreement By: Roland Ottolini 10. Background: Lee County has entered into an agreement with the U.S. Geological Survey on a yearly basis for joint funding of a water resources investigation program since 1973. The program includes reading of continuous stage recorders and groundwater levels in several Lee County watersheds including Gator Slough, Imperial River, Estero River, Six Mile Cypress Creek, Spring Creek, Ten Mile Canal, Briarcliff Ditch and Whiskey Creek. The data obtained from this program are necessary for the proper calibration of the computer models developed as part of the Lee County Surface Water Management Master Plan.
Funds are available in account no. OC5379015502.503190. Attachments: U.S. Geological Survey Agreement 12GGESMC0000109 and back-up
11. Required Review: Roland Ottolini Anne Henkel David Harris Scott Coovert Doug MeMeurerurer NATURAL Public Works Budget Analyst Budget Services County Attorney RESOURCES Director
12. Commission Action:
Lee County Board Of County Commissioners Blue Sheet No. 20110852 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: Approve a budget amendment transferring $10,538 from the Conservation 20/20 management fund for gopher tortoise habitat improvements on a portion of Pine Island Flatwoods Preserve, a Conservation 20/20 preserve; and, Authorize acceptance of reimbursement to the Conservation 20/20 management fund from Florida Fish and Wildlife Conservation Commission upon completion of the project.
2. FUNDING SOURCE: Fund - Capital Improvement-Environmentally Sensitive Land; Program - Parks and Recreation Operations; Project - Conservation 20/20 Pine Island Flatwoods Preserve
3. WHAT ACTION ACCOMPLISHES: Provides for gopher tortoise habitat improvement on 181 acres on Pine Island Flatwoods Preserve, a Conservation 20/20 preserve.
4. MANAGEMENT RECOMMENDATION: Approve
5. Departmental Category: C9A 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute Commissioner: Consent Ordinance Department: PARKS AND RECREATION Admin Code Division: No Divisions Other By: David Harner 10. Background: Conservation 20/20 staff applied for funding from the Florida Fish and Wildlife Conservation Commission (FWC) for gopher tortoise habitat improvement on a 181 acre portion of the 730 acre Pine Island Flatwoods Preserve, a property acquired through the Conservation 20/20 program. FWC has agreed to provide reimbursement funds for fuel, salaries and equipment use related to mechanical treatment (mowing and roller chopping) of the gopher tortoise habitat area once the project is completed. Upon receipt these funds will be transferred back to the Conservation 20/20 management fund.
Pine Island Flatwoods Preserve $10,538
Funds will be available in: KH5722030105.337700.9015 FWC Pine Island Flatwoods KH5722030105.503190.296 Other Professional Svcs-FWC Pine Island Flatwoods
11. Required Review: Dawn PerryPerry---- Holly David Harner Anne Henkel David Harris Lehnert Schwartz PARKS AND County Attorney Budget Analyst Budget Services County Manager RECREATION
12. Commission Action:
Order No. A4B3E3
Version Number: 1 Internal Version: false Issued on Fri, 07 Oct, 2011 Created on Fri, 07 Oct, 2011 by Ariba System
Supplier: Lee County Cons 20/20 3410 Palm Beach Blvd| Fort Myers, FL 33916 United States Phone: 1239-533-7455 Fax: 1239-485-2302 Contact: Cathy Olson Ship To: Bill To: Fish & Wildlife Cons. Comm. Fish & Wildlife Cons. Comm. Habitat & Species Conservation Habitat & Species Conservation 620 S. Meridian Street 620 S. Meridian Street Tallahassee, FL 32399-1600 Bryant Bldg. United States Tallahassee, FL 32399-1600 United States Deliver To: Entity Description: Fish and Wildlife Conservation Commission Magda Soliman Organization Code: 77355090200 Object Code: 770000-139940 Expansion Option: 62 Exemption Status: Yes Exemption Reason?: 1E
Item Description Part Number Unit Qty Need By Unit Price Extended Amount 1 Mechanical Fuel reduction (palmetto)-181-... each 10,538 None $1.00000 USD $10,538.00000 USD
Mechanical Fuel reduction (palmetto)-181-acres Pine Island Flatwoods. Location : Lee County, Fort Myers 181 acres @ $58.22 per acre Southwest Region
Distributors?: N Requester: Magda Soliman Ship To Code: A0fbe1vn.q State Contract ID: Contract ID: Requester Phone: PR No.: PR6003079 MyGreenFlorida Content: N Method of Procurement:: L - governmental agency per 287.057(3)(f)13, defined in 163.3164(10). Shipping Method: Best Way FOB Code: INC-Dest FOB Code Description: Destination freight paid by vendor and included in price. Title passes upon receipt. Vendor files any claims. Encumber Funds: Yes PO Start Date: Mon, 3 Oct, 2011 PO End Date: Wed, 30 May, 2012 Fiscal Year Indicator: 2012 PUI#: 7701 Site Code: 770000-00 Terms and Conditions: http://dms.myflorida.com/mfmp_PO_TC P Card Order?: No
Total $10,538.00000 USD
Attachments
• ATTACHMENT by Magda Soliman on Monday, September 19, 2011 at 2:14 PM FWC New Terms and Conditions doc.pdf (70079 bytes) • ATTACHMENT by Magda Soliman on Monday, September 19, 2011 at 2:15 PM Emergency Supplier.pdf (24661 bytes) • ATTACHMENT by Magda Soliman on Monday, September 19, 2011 at 2:23 PM Electronic Funds (EFT), and Automated Clearing House (ACH).pdf (107248 bytes) • ATTACHMENT by Magda Soliman on Monday, September 19, 2011 at 2:23 PM DFS W-9 Requirement.pdf (189139 bytes)
ATTACHMENT by Magda Soliman on Monday, September 19, 2011 at 2:24 PM SUBSTITUTE FORM W-
R E S O L U T I O N #
Amending the Capital Improvement-Environmentally Sensitive Land Mgmt (20/20) fund #30105 Budget to incorporate the unanticipated receipts into Estimated Revenues and Appropriations for the fiscal year 2011-2012.
WHEREAS , in compliance with the Florida Statutes 129.06(2), it is the desire of the Board of County Commissioners of Lee County, Florida, to amend Capital Improvement-Environmentally Sensitive Land Mgmt (20/20) fund #30105 budget for $10,538 of the unanticipated revenue from Florida Fish and Wildlife Conservation Commission for gopher tortoise habitat improvements on a portion of Pine Island Flatwoods Preserve.
WHEREAS , the Capital Improvement-Environmentally Sensitive Land Mgmt (20/20) fund #30105 budget shall be amended to include the following amounts which were previously not included.
ESTIMATED REVENUES Prior Total: $38,302,449
Additions KH5722030105.337700.9015 FWC-Pine Island Flatwoods $10,538
Amended Total Estimated Revenue $38,312,987
APPROPRIATIONS Prior Total: $38,302,449
Additions KH5722030105.503190.296 Other Prof. Svcs. FWC-Pine Island Flatwoods $10,538
Amended Total Appropriations $38,312,987
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lee County, Florida, that the Capital Improvement-Environmentally Sensitive Land Mgmt (20/20) fund #30105 budget is hereby amended to show the above additions to its Estimated Revenue and Appropriation accounts.
Duly voted upon and adopted in Chambers at a regular Public Hearing by the Board of County Commissioners on this day of ______, 2011.
ATTEST : BOARD OF COUNTY COMMISSIONERS CHARLIE GREEN , EX-OFFICIO CLERK LEE COUNTY , FLORIDA
BY: ______DEPUTY CLERK CHAIR
APPROVED AS TO FORM
OFFICE OF COUNTY ATTORNEY DOC TYPE YA LEDGER TYPE BA
C:\PROGRAM FILES\NEEVIA.COM\DOCUMENT CONVERTER\TEMP\421419.DOCX
Lee County Board Of County Commissioners Blue Sheet No. 20110814 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: Developer Contributed Asset – Passamondi Building (BS 20110814/20317, MMM/SDG): Approve final acceptance, by Resolution, as a donation of one force main connection to provide sanitary sewer service to ‘PASSAMONDI BUILDING’, an existing commercial building. This is a Developer contributed asset project located on the east side of Rockefeller Circle approximately 200’ north of Constitution Circle.
2. FUNDING SOURCE: No funds required.
3. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Design Manual.
4. MANAGEMENT RECOMMENDATION: Approval.
5. Departmental Category: C13A 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute Commissioner: All Consent Ordinance Department: UTILITIES Admin Code Division: No Divisions Other Approval By: Pam Keyes 10. Background: Single service force main connections do not require permission to construct by the Board, therefore, no previous Blue Sheet number is provided. The installation has been inspected for conformance to the Lee County Utilities Design Manual. Satisfactory pressure testing of the force main has been completed. Record drawings have been received. Engineer’s Certification of Completion has been provided—copy attached. Project Location Map—copy attached. Warranty has been provided—copy attached. Waiver of Lien has been provided—copy attached. Certification of Contributed Assets has been provided—copy attached. 100% of the connection fees have been paid. Potable service is provided by Lee County Utilities via existing infrastructure located within the right-of-way of Rockefeller Circle. No funds required.
SECTION 08 TOWNSHIP 46S RANGE 25E DISTRICT #5 COMMISSIONER MANN
ORIGINAL (OUTSIDE SIGNATURE) DOCUMENTS TO FOLLOW (0)
11. Required Review: Gregory Pam Keyes Reginald Kantor David Harris Doug Meurer Hagen Public Works UTILITIES County Attorney Budget Analyst Budget Services Director
12. Commission Action:
Lee County Board Of County Commissioners Blue Sheet No. 20110894 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of October 17 through October 21, 2011.
October 18, 2011 (Regular) October 19, 2011 (Comp Plan)
2. FUNDING SOURCE: N/A.
3. WHAT ACTION ACCOMPLISHES: Approval of the Board Minutes, pursuant to Florida Statute 286.011.
4. MANAGEMENT RECOMMENDATION: Approve.
5. Departmental Category: C16A 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute 286.011 Commissioner: All Consent Ordinance Department: CONSTITUTIONAL OFFICERS Admin Code Division: Clerk of Courts Other By: Lisa Pierce 10. Background: The summary of each of the above Minutes were provided to the Board members sitting at those meetings within one week of the meeting. Any comments from the Commissioners were taken into consideration in the development of the final minutes now presented for approval.
Attached is a listing of all documents that have not been received as of the date the Blue Sheet approval request was submitted for the Agenda.
11. Required Review: Lisa Pierce
MINUTES
12. Commission Action:
Lee County Board Of County Commissioners Blue Sheet No. 20110900 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: Request Board approves disbursements. The check and wire registers can now be viewed on the Clerk’s Website at WWW.LEECLERK.ORG by accessing the BOCC Minutes and Documents link.
2. FUNDING SOURCE: N/A.
3. WHAT ACTION ACCOMPLISHES: Florida Statute Chapter 136.06 (1) requires that all County disbursements be recorded in the Minutes of the Board.
4. MANAGEMENT RECOMMENDATION: Compliance with the requirements of FS 136.06 (1).
5. Departmental Category: C16B 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute 136.06(1) Commissioner: All Consent Ordinance Department: CONSTITUTIONAL OFFICERS Admin Code Division: Clerk of Courts Other By: Donna Harn 10. Background:
11. Required Review: Donna Harn
FINANCE
12. Commission Action:
Lee County Board Of County Commissioners Blue Sheet No. 20110884 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: Approve resolution that authorizes issuance of a loan from SunTrust Bank for up to $31,000,000 for the Transportation Facilities Refunding Revenue Bonds, Series 2011 which refinances the Transportation Facilities Refunding Revenue Bonds, Series 2001A for savings with a bank loan and approve budget amendment resolutions to reflect this transaction.
2. FUNDING SOURCE: Bank Loan Proceeds (To be repaid from Toll Revenues).
3. WHAT ACTION ACCOMPLISHES: Allows for the issuance of a bank loan to refinance the Transportation Facilities Refunding Revenue Bonds, Series 2001A for savings estimated (subject to closing date) to be over $3.6 million over six years.
4. MANAGEMENT RECOMMENDATION: Approve the proposal from SunTrust Bank to provide funding for the refinancing of the Transportation Facilities Refunding Revenue Bonds, Series 2001A with a bank loan for savings.
5. Departmental Category: A1A 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute Commissioner: Administrative Ordinance Department: COUNTY MANAGER Admin Code Division: Budget Services Other By: Peter Winton 10. Background: On August 9, 2011, the Board of County Commissioners authorized the Administration to pursue selection of bond counsel and prepare a Request for Proposal (RFP) for bankers and underwriters as well as prepare documents for refunding of the remaining $30,825,000 from the Transportation Facilities Revenue Bonds, Series 2001A (Blue Sheet #20110614). It was noted at that time current rates as well as the relative short duration (final payment in 2017) allowed for consideration of both the bond refinancing and bank loan alternatives.
On September 1, 2011 an RFP for Underwriting Services and/or Bank Loan was prepared by the County’s Financial Advisor and distributed with a due date of September 22, 2011. A public notice was also posted in the News-Press on September 1, 2011. Eighteen responses (18) were received – six (6) for a bank loan and twelve (12) as bond underwriter. This includes two lenders that offered proposals for both a bank loan and underwriter.
Each proposal was reviewed by the Bond Selection Evaluation Committee (Clerk of Circuit Court, Transportation Fiscal Manager representing the Assistant County Manager for Public Works, and Fiscal Analyst from Budget Services) along with the Finance and Records Director, Chief Assistant County Attorney, Budget Manager and the Financial Advisor. A matrix of the proposals prepared by the Financial Advisor is attached to the agenda item (Attachments #1 and #2). This group met on September 28, 2011.
The evaluation presented several challenges because consideration had to be given to two different types of financing as well as the best proposal within each. All initial rates were based upon rates as of September 20, 2011.
11. Required Review: Reginald Gregory Peter Winton Jim Lewin David Harris Peter Winton Kantor Hagen COUNTY MANAGER Budget Analyst Fiscal Budget Services County Attorney County Manager
12. Commission Action:
Underwriter Proposals
The respondents proposed an array of financial alternatives including semi-annual principal payments instead of one annual payment, extension of the loan maturity period, swaps and variable rate bonds, and partial bond insurance to broaden the number of potential purchasers. The underwriters provided a summary of their costs and potential savings as suggested on September 20, 2011. Their underwriter discount varied based upon the purchase of bond insurance and ranged from $3.66 per bond to $5.00 per bond. The percent savings (suggested minimum is 3.00%) ran from a low of 8.87% or $2.7 million savings uninsured to a high of 11.20% or $3.43 million with partial insurance. A summary of that information is presented an Attachment #1 to this blue sheet.
Costs of issuance were assumed to be $300,000 which would be added to the Underwriter Discount. Thus, underwriter proposals “delivery day expenses” ranged from $340,000 to over $480,000 if bond insurance was included.
Bank Proposals
Six bank proposals were received with rates ranging from 1.53% to 2.07% and percentage of savings from 10.97% to 11.80%. This resulted in a projected dollar savings ranging from $3.381 million to $3.637 million. However, most important to note are the covenants (terms and conditions) required as part of the proposed rate. One bank required an underlying rating regarding the transportation facilities. Many lenders had rate locks with breakage fees. That means that a bank would lock in a rate for a period of time prior to closing but if the loan was not completed within that time, a fee would be imposed. The costs of issuance were estimated to be $75,000. A summary of that information is presented as Attachment #2 to this blue sheet.
Summary of the September 28, 2011 Bond/Bank Selection Committee Meeting
The purpose of the refunding is to achieve the best savings at the most reasonable costs. Overall, the costs of issuance were considerably more expensive for the underwriters and there would be a requirement to prepare an official statement, obtain underlying ratings and market the bonds. The bank loan approach had considerably less costs of issuance and a shorter time period for implementation.
The Bond/Bank Selection Committee concluded that a bank loan was more favorable and narrowed the list of banks to three – based upon their rates and conditions at that time (SunTrust, JP Morgan Chase and PNC) – see Attachment #2 (as of 09/28/11).
The Bond/Bank Selection Committee members agreed to reconvene on October 5, 2011 to consider updated rates and requirements of the three selected banks and recommend a bank to the BoCC for consideration.
Financial Advisor Update Prior to the October 5, 2011 Meeting
During the period of time prior to the October 5, 2011 meeting, the Financial Advisor contacted the selected banks to update the rates. The savings are estimates subject to the actual closing date and sinking funds available. Following is that information on September 28, 2011:
SUNTRUST
Option #1 Rate – 1.59% Projected Savings - $3,907,884 (12.67%) Conditions - Rate Not Held with Make Whole Provision if prepay loan and no rate lock.
Option #2 Rate – 1.66% Projected Savings - $3,825,203 (12.41%) Conditions – Rate Not Held – No Prepayment Penalty Or Make Whole Provision if prepay loan
Option #3 Rate – 1.64% Projected Savings - $3,848,797 (12.49%) Conditions - Rate Held for 45 Days with no rate lock But there is a Make Whole Provision if prepay loan
Option #4 Rate – 1.71% (RECOMMENDED CHOICE) Projected Savings - $3,766,312 (12.22%) Conditions – No Prepayment Penalty or Make Whole Provision if prepay loan. Rate held for 45 days from Sept 28, 2011
PNC BANK
Option #1 Rate – 1.82% Projected Savings - $3,638,415 (11.80%) Conditions – Rate Held for 45 Days; Make Whole Provision if prepay loan
Option #2 Rate – 1.92% Projected Savings - $3,521,657 (11.42%) Conditions – Rate Held for 60 Days; Make Whole Provision if prepay loan
JPMORGAN CHASE
Option #1 Rate – 1.59% Projected Savings - $3,907,884 (12.68%) Conditions – Make Whole Provision if prepay loan; Rate Lock upon BoCC Approval
Option #2 Rate – 1.63% Projected Savings - $3,860,604 (12.52%) Conditions – Make Whole Provision if prepay loan; Rate Lock Upon BoCC Approval
Make Whole Provision – A penalty for calling or repaying the bonds/loan earlier than the final maturity. Allows for bank to recover some of the interest lost to the bank due to repayment.
Pre-Payment Penalty – a penalty for calling or repaying the bonds/loan earlier than the final maturity.
Rate Lock – rate is held for a period of time which if broken by the issuer imposes a breakage fee.
October 5, 2011 Bond/Bank Selection Committee Meeting The committee met to review the revised rates and determined that the Suntrust Bank Option #4 was most favorable in that there was no Make Whole Provision or Prepayment Penalty with a 45 day rate hold from September 28, 2011.
Discussion also focused upon two provisions that banks under consideration included.
1. Capital Adequacy Provisions – if it is determined based upon an annual Basil Committee conference held at Basil, Switzerland, which sets forth guidelines for the banking industry that banks must increase capital reserves as a cost of doing business, this could lead to a rate adjustment. This has not occurred with recent bank loans.
2. Yield Maintenance – Banks create a tax free lending rate based upon a projected tax equivalent yield that assumes a corporate tax rate (currently 35%) in its calculation. Should the corporate tax rate decline, the bank may require a rate adjustment such that the original tax equivalent yield assumed at the time of contract agreement could
be maintained. This would raise the initial borrowing rate. That has not occurred with prior bank loans but there has been more discussion about it in recent months. Any determination probably would not be considered until after the November, 2012 elections.
The Committee concluded that the relative short period of the loan (until 2017) and both the savings in closing costs and additional work required for a bond issue of only six years make the bank loan more attractive. The selection of an option with no penalties could allow for the loan to be paid off with a future bond issue should loan requirements with the bank change because of one of those two conditions.
Further discussions with SunTrust Bank after the October 5, 2011 meeting resulted in an adjustment of the rate holding period to a start date of October 5, 2011 terminating on November 19, 2011.
Conclusion
The Bond/Bank Selection Committee recommends initiating a bank loan with SunTrust Bank at 1.71% with a projected savings of $3,643,615 (11.82%) for a term ending October, 2017 noting that the savings will adjust based upon the actual closing date. There would be no Prepayment Penalty or Make Whole Provision and the rate would be held for 45 days from October 5, 2011. The loan must close by November 19, 2011.
LEE COUNTY TRANSPORTATION REFUNDING BONDS, SERIES 2011 (Estimated/Proposed Underwriter Discount) ATTACHMENT #1
Average Firm Mgmt Fee Takedown Expenses (1) Total (1) Savings
BofA/Merrill Lynch $0.00 $2.97 $0.68 $3.66 Savings for uninsured 9.74% - $3.00 million; insured 9.74% - $3.00 million
Citi $0.00 $2.48 $0.51 $2.99 Savings uninsured – 8.87% - $2.70 million, uninsured (penalty) 7.96% - $2.45 million, new surety and bond insurance 8.69% - $2.68 million, 8.47% - $2.61 million ( saving in final year)
Gardnyr Michaels $0.00 $5.00 $0.00 $5.00 Savings for insured 10.72% - $3.30 million
Savings for requested refunding 11.20% - $3.43 million, partially insured Jefferies $0.00 $2.27 $0.51 $2.78 (2015-2017 maturities) 11.06% - $3.41 million
Savings for insured bonds 9.90% - $3.05 million, uninsured 9.81% - $3.02 Loop Capital $0.00 $2.99 $0.28 $3.27 million, partially insured 10.345% - $3.18 million (maturities 2015-2017)
Morgan Keegan Savings for requested refunding 10.25% - $3.16 million, insured 10.28% - Uninsured $0.00 $2.49 $1.10 $3.59 $3.17 million Insured N/A $2.27 $1.10 $3.37
Morgan Stanley $0.00 $1.95 $0.73 $2.67 Savings 10.00% - $3.08 million
PNC $0.00 $2.50 $0.14 $2.64 Savings for requested refunding 10.67% - $3.29 million; insured 10.69% $3.29
Raymond James (Insured) $0.00 $2.63 $0.43 $3.06 Savings for requested refunding 9.57% - $2.95 million , insured 9.87% - $3.04 million. accelerated savings, 9.84% - $3.03 million, deferred savings10.20% - $3.14 million
RBC $0.00 $2.36 $0.60 $2.96 Savings for requested refunding 9.45% - $2.91 million , extending to 2026 3.16% - $972,000, extending to 2041 0.01% - $2,000
Southwest Securities Uninsured $0.00 $4.23 $2.12 $6.35 Uninsured savings – 9.64%-$2.97 million; Insured 10.00% - $3.08 million; Insured $0.00 $4.23 $2.13 $6.36 Insured and surety – 9.66% - $2.97 million Insured and Surety $0.00 $4.23 $2.12 $6.35
Wells Fargo Uninsured $0.00 $3.85 $0.44 $4.29
Insured $0.00 $3.85 $0.12 $3.97 Did not provide debt service schedules to determine percentage of savings Lee County
Transportation Bank Scenario ATTACHMENT #2 Summary As of 9/20/11 As of 9/28/11 TIC % of Savings $ of Savings TIC % of Savings $ of Savings
Bank of America 2.04% 10.97% 3,381,118.57 Bank of America 2.07% 10.86% 3,346,398.53 Citi 1.56% 12.79% 3,943,403.55 JPM Chase 1.53% 12.91% 3,978,973.50 1.59% 12.68% 3,907,884.29 JPM Chase 1.58% 12.72% 3,919,718.42 1.63% 12.52% 3,860,603.96 Fifth Third 1.99% 11.16% 3,439,094.93 PNC 1.78% 11.95% 3,684,100.32 1.82% 11.80% 3,638,414.72 PNC 1.88% 11.57% 3,567,127.03 1.92% 11.42% 3,521,657.49 SunTrust 1.70% 12.26% 3,778,079.20 1.59% 12.68% 3,907,884.29 SunTrust 1.77% 11.99% 3,695,828.19 1.66% 12.41% 3,825,202.62 SunTrust 1.75% 12.07% 3,719,300.61 1.64% 12.49% 3,848,797.91 SunTrust 1.82% 11.80% 3,637,244.45 1.71% 12.22% 3,766,312.32
Make Whole Provision - A penalty for calling or repaying the bonds/loan earlier than the final maturity. Calculation to be completed by the Bank. Penalty used by bank to recover some of the interest lost to the bank due to repayment. Pre-Payment Penalty - A penalty for calling or repaying the bonds/loan earlier than the final maturity.
Joshua A. McCoy Vice President Government Division Relationship Manager 1777 Main Street, 6th Floor Tel: 941-951-3005 Sarasota, Florida 34236 [email protected]
October 7, 2011
Re: Transportation Facilities Refunding Revenue Bond, Series 2011
Dear Lee County:
On behalf of SunTrust Bank (the “Bank”), I am pleased to present this commitment to Lee County (the “Borrower”) in the amount of up to 30.825 million and 00/100 dollars ($30,825,000.00). It is our understanding that the proceeds from the Revenue Bond, Series 2011 will be used to fund the refunding of the Transportation Facilities Refunding Revenue Bonds, Series 2001A.
This commitment is subject to: (i) the preparation, execution and delivery of mutually acceptable loan documentation, including a bond/note incorporating substantially the terms and conditions set forth in the Term Sheet attached hereto; (ii) the absence of a material adverse change in the business, condition (financial or otherwise), results of operations, properties or prospects of the Borrower and its subsidiaries (if any) as reflected in its financial statements as of September 30, 2010; (iii) the accuracy of all representations which you have made or will make to the Bank and all information that you furnish to us and your compliance with the terms of this Commitment Letter; (iv) a closing of the Facility on or prior to November 19th, 2011; and (v) any additional conditions or contingencies set forth herein.
Although the following provisions, terms and conditions are intended to be comprehensive, they are not necessarily inclusive of all the anticipated terms that will be applicable to the credit and do not purport to summarize all of the conditions, covenants, definitions, representations, warranties, events of default or other provisions that may be contained in documents required to consummate this financing. All of such terms will be set forth in the final, definitive loan documents, and all such terms must be acceptable to the Bank and its counsel. This financing proposal is contingent upon the accuracy of all facts, statements and financial information submitted to the Bank by the Borrower and is conditioned upon the terms outlined in the attached Term Sheet.
Upon acceptance of this commitment, the Borrower agrees to pay, or reimburse the Bank on demand for, all reasonable costs and expenses incurred by the Bank (whether before or after the date hereof) in connection with this Commitment Letter and the transactions contemplated hereunder (regardless of whether any of the transactions contemplated hereby are consummated), including without limitation the reasonable costs and expenses of the Bank's counsel (including in-house counsel), and all reasonable costs and expenses of the Bank, including, without limitation, reasonable costs and expenses of the Bank's counsel (including in-house counsel), incurred in connection with the enforcement of its rights and remedies hereunder. Your obligation in respect of such costs and expenses shall survive the expiration or termination of this Commitment Letter.
This Commitment Letter shall constitute a binding obligation of the Bank for all purposes immediately upon the acceptance hereof by the Borrower in the manner provided herein. Notwithstanding any other provision of this Commitment Letter, the Bank's commitments and undertakings as set forth herein shall not be or become effective for any purpose unless and until this Commitment Letter shall have been accepted by the Borrower in the manner specified below.
If you are in agreement with the foregoing, please sign and return the enclosed copy of this Commitment Letter to the Bank at its office located at 1777 Main Street, Sarasota, FL 34236 Attention: Joshua A. McCoy. Unless the Bank receives such copy of this Commitment Letter duly executed by an authorized officer of the Borrower prior to 5:00 p.m. (EST), on October 21st, 2011, the Bank's obligations hereunder shall terminate at such time. In no event shall the Bank have any obligation to make the financing described herein available unless the closing for such financing shall have occurred on or prior to November 19th, 2011. In addition to the foregoing, this Commitment Letter may be terminated at any time by mutual agreement.
This Commitment Letter is solely for the benefit of the Borrower and the Bank, and no provision hereof shall be deemed to confer rights on any other person or entity. This Commitment Letter may not be assigned by the Borrower to any other person or entity, but the obligations of the Borrower hereunder shall be binding upon any successors of the Borrower.
THIS COMMITMENT LETTER WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO THE PRINCIPLES OF CONFLICTS OF LAWS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE BORROWER AND THE BANK HEREBY WAIVES JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS COMMITMENT LETTER OR ANY OTHER DOCUMENTS CONTEMPLATED HEREBY.
This Commitment Letter may be executed in any number of separate counterparts, each of which shall collectively and separately, constitute one agreement. Upon acceptance by you as provided herein, this Commitment Letter shall supersede all understandings and agreements between the parties hereto in respect of the transactions contemplated hereby.
Sincerely,
Joshua A. McCoy
SunTrust Bank Institutional & Governmental Banking Group Joshua A. McCoy Vice President
BORROWER ACCEPTS THE COMMITMENT:
Signature Date
#10515056_v2
Borrower: Lee County, Florida
Bank: SunTrust Bank
Contact: Joshua A. McCoy, Vice President Relationship Manager 1777 Main Street, 6th Floor Sarasota, Florida 34236 [email protected] Phone: 941-951-3005 (w) 941-961-3583 (c)
Purpose Refunding of the Transportation Facilities Refunding Revenue Bonds, Series 2001A (“Series 2001A Bonds”) originally issued to refund the Transportation Facilities Refunding Bonds, Series 1991.
Facility Types: The amount and the types of financing solutions presented herein represent a response to amounts and details within the RFP. SunTrust understands that the County is considering various funding sources and recognizes the County may have future funding needs. As such, the solutions herein are not meant to be inclusive and are designed to provide the County certain details that may assist in the County’s analysis.
Non-Bank Qualified Tax Exempt: Non- Bank Qualified or Bank Qualified Tax Exempt obligation (the “Bond” or “Facility”) under Section 265(b) (3) of the Internal Revenue of 1986.
Amount: $30,825,000.00 Non Bank Qualified Tax Exempt
Security: The Series 2011 Bonds shall be issued as parity senior pursuant to the County’s Resolution No. 87-12-9 (the “Resolution”) and will be secured by a pledge and lien on the Pledged Funds, which includes the Net Revenues derived from the Transportation Facilities in Lee County. The Transportation Facilities currently include the following toll facilities: the Cape Coral Bridge, the Sanibel Bridge and the Mid-Point Bridge.
Maturity Date: Final maturity date of October 1, 2017
Amortization: 6 years, level savings calculation agreed upon by the Bank.
Interest Repayment: Semiannually: Interest will be payable on October 1 and April 1 until maturity of the Note. The interest rate will accrue and be payable based upon an Actual/360 interest rate calculation for actual number of days lapsed and reflect the rate applicable for a Non Bank Qualified tax exempt rate.
Interest Rate: Fixed rate: 1.71% with no Prepayment Penalty or Make Whole Provision and may be held until November 19th, 2011.
After-Tax Yield Maintenance: The interest rates quoted herein take into consideration a marginal maximum federal corporate tax rate of 35%. In the event of a decrease in the marginal maximum corporate tax rate, the Bank shall have the right to adjust the interest rate upwards in order to maintain the same after tax yield for the Bank.
If a determination of taxability event occurs the rate will be adjusted upwards to a fixed rate equal to a rate determined necessary by Bank to maintain the same after-tax yield. Upon an occurrence of a Determination of Taxability, the Borrower hereby agrees to pay to the Bank (i) an additional amount equal to the difference between (A) the amount of interest paid on the Bonds during the Taxable Period and (B) the amount of interest that would have been paid on the Bonds during the Taxable Period had the Bonds borne interest at the Taxable Rate, plus (ii) an amount equal to any interest, penalties on overdue interest and additions to tax (as referred to in Subchapter A of Chapter 68 of the Code) owed by the Bank as a result of the occurrence of a Determination of Taxability.
Capital Adequacy: The Bank shall have the right to adjust the interest rate upwards in order to maintain the same after-tax yield on the Bond if the adoption or taking effect of, or the change (including by interpretation or application) of, any laws, regulations, rules, guidelines, directives or treaties (including but not limited to any promulgated under Dodd Frank Wall Street Reform and Consumer Protection Act and the Basel Committee) adversely affect the Bank's after tax yield, regardless of the date adopted, enacted or issued.
Legal Fees:
$4000 for Bank to review a Bond series. SunTrust Bank intends to engage Michael L. Watkins of Greenberg Traurig, LLP as Bank Counsel.
Covenants and Conditions:
A. All matters relating to this loan, including all instruments and documents required, are subject to the Bank’s policies and procedures in effect, applicable governmental regulations and/or statutes, and approval by the Bank and the Bank’s Counsel.
B. Borrower shall submit annual financial statements within 240 days of fiscal year end, together with an annual budget within 30 days of adoption, together with any other information the Bank may reasonably request.
C. Borrower shall be required to deliver a written opinion from Borrower's Counsel, in form and substance acceptable to the Bank and Bank’s Counsel, that all documents are valid, binding and enforceable in accordance with their terms, that execution and delivery of said documents has been duly authorized, and addressing such other matters as the Bank and the Bank’s Counsel deem appropriate.
D. The Borrower shall comply with and agree to such other covenants, terms, and conditions that may be reasonably required by the Bank and its counsel and are customary in financings of this nature. These covenants would include, but are not to be limited to, covenants regarding compliance with laws and regulation, remedies in the event of default and the right of Bank to transfer and assign the Bond.
E. The “Non- Bank Qualified” interest rate quoted herein assumes the obligation is a "tax-exempt obligation" as defined in Section 265(b) (3) of the Internal Revenue Service Code. Receipt of opinions from Borrower’s counsel and Bond Counsel in each case in form and substance satisfactory to the Bank, which shall include, without limitation, opinions that the financing is tax-exempt.
F. The Borrower shall agree to have the interest payments collected via ACH Direct Debit from a SunTrust Bank account of their choice.
G. Debt Service Coverage Test: The County has agreed to provide for Net Revenues at least 120% of the Annual Debt Service on the bonds.
H. Parity: This debt will be on parity with all other senior debt in the Transportation Facilities for the Borrower.
I. Additional Bonds Test: In order to issue additional parity bonds secured by Pledged Revenues, the average net Pledged Revenues for 12 of the previous 18 months must equal at least 1.20x the projected maximum annual debt service on the existing and proposed debt pursuant Resolution 87-12-9.
J. Reserve subaccount: As required under the County’s Resolution, 100% of the amounts required by the Resolution to be deposited into the Reserve subaccount during each such Fiscal Year.
K. The Borrower shall agree to not amend Section 5.12 of Resolution 87-12-9 without advance approval by the Bank.
No. R-1 $______
UNITED STATES OF AMERICA STATE OF FLORIDA LEE COUNTY, FLORIDA TRANSPORTATION FACILITIES REFUNDING REVENUE BOND, SERIES 2011
Date of Interest Rate Final Maturity Date Original Issue
1.71% October 1, 2017 November 9, 2011
Registered Holder: SUNTRUST BANK
Principal Amount: ______AND NO/100 DOLLARS
LEE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "Issuer"), for value received, hereby promises to pay, solely from the Pledged Funds hereinafter described, to the Registered Holder identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above, subject to the principal amortization schedule provided in Appendix I attached hereto, and to pay interest on such Principal Amount outstanding from time to time from the Date of Original Issue identified above or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum identified above on October 1 and April 1 of each year commencing April 1, 2012 until such Principal Amount shall have been paid, except as the provisions hereinafter set forth with respect to redemption prior to maturity may be or become applicable hereto. Interest on this Bond shall be computed on the basis of an actual 360-day year.
Such Principal Amount and interest and the premium, if any, on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for the payment of public and private debts. The final installment of the Principal Amount on this Bond is payable upon presentation and surrender hereof to the Issuer, as Paying Agent. Payment of each installment of interest shall be made to the person in whose name this Bond shall be registered on the registration books of the Issuer, as Registrar, at the close of business on the date which shall be the fifteenth day (whether or not a business day) of the calendar month next preceding each interest payment date applicable thereto and shall be paid by a check or draft of such Paying Agent mailed to such Registered Holder at the address appearing on such registration books or, at the request and expense of a Registered Holder, by bank wire transfer for the account of such Holder.
The interest rate on this Bond is subject to change in the event of a change in applicable tax law which adversely affects the Registered Holder's after tax yield, including, without limitation, a decrease in the corporate tax rate of thirty-five percent (35%). In the event of such change, the Registered Holder may adjust the interest rate to result in the same yield prior to such change upon providing such calculations in writing to the Issuer. The calculations and new interest rate shall be binding on the Issuer absent manifest error.
In the event of a Determination of Taxability (as defined below), (i) the interest rate on this Bond shall be immediately increased (effective retroactively to the date of the Determination of Taxability) to the Taxable Rate (as defined below); provided, however, such increased rate shall never exceed the maximum rate allowable by law, and (ii) the Issuer shall pay to the Registered Holder an amount equal to any interest, penalties on overdue interest and additions to tax (as referred to in Subchapter A of Chapter 68 of the Code) owed by the Registered Holder as a result of the occurrence of a Determination of Taxability.
If, after the Date of Original Issue, a Change in Law shall have occurred that has or would have the effect of reducing the Registered Holder's after-tax yield on this Bond to a level below that which the Registered Holder could have achieved but for such adoption, change or compliance, then from time to time, promptly upon demand by the Registered Holder, the Issuer hereby agrees to pay the Registered Holder such additional amount or amounts as will enable the Registered Holder to maintain the same after-tax yield on this Bond as was in effect prior to such Change in Law. The Registered Holder shall notify the Issuer in writing of any adjustments pursuant to this paragraph.
In the event that any applicable law or regulation or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof (whether or not having the force of law) (i) shall change the basis of taxation of payments to the Registered Holder of any amounts payable by the Issuer hereunder (other than taxes imposed on the overall net income of the Registered Holder) or (ii) shall impose, modify or deem applicable any reserve, special deposit or similar requirement against assets of, deposits with or for the account of, or credit extended by the Registered Holder, or (iii) shall impose any other condition with respect to this Bond, and the result of any of the foregoing is to increase the cost to the Registered Holder or to reduce any amount receivable by the Registered Holder hereunder, then the Issuer shall from time to time, upon demand by the Registered Holder, pay to the Registered Holder additional amounts sufficient to compensate the Registered Holder for such increased costs (the "Additional Costs").
2 "Change in Law" means the occurrence, after the Date of Original Issue, of any of the following: (a) the adoption or taking effect of any law, rule, regulation or treaty, (b) any change in any law, rule, regulation or treaty or in the administration, interpretation, implementation or application thereof by any Governmental Authority or (c) the making or issuance of any request, rule, guideline or directive (whether or not having the force of law) by any Governmental Authority.
"Determination of Taxability" shall mean the circumstance under which interest paid or payable on this Bond becomes includable for federal income tax purposes in the gross income of the Registered Holder as a consequence of any act, omission or event whatsoever and regardless of whether the same was within or beyond the control of the Issuer, including (1) the receipt by the Issuer or the Registered Holder of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency which holds that any interest payable on this Bond is includable in the gross income of such Registered Holder and which is not appealed by the Issuer; (2) the issuance of any public or private ruling of the Internal Revenue Service that any interest payable on this Bond is includable in the gross income of the Registered Holder; or (3) receipt by the Issuer or the Registered Holder of an opinion of Issuer's Bond Counsel that any interest on this Bond has become includable in the gross income of the Registered Holder for federal income tax purposes. For all purposes of this definition, a Determination of Taxability will be deemed to occur on the date as of which the interest on this Bond is deemed includable in the gross income of the Registered Holder. A Determination of Taxability shall not occur solely because such interest is taken into account in determining adjusted current earnings for the purpose of the alternative minimum income tax imposed on corporations or interest on this Bond is treated as an indirect tax preference item under the Code.
"Governmental Authority" shall mean the government of the United States of America or any political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government.
"Taxable Rate" shall mean, upon a Determination of Taxability, the interest rate per annum that shall provide the Registered Holder with the same after tax yield that the Registered Holder would have otherwise received had the Determination of Taxability not occurred, taking into account the increased taxable income of the Registered Holder as a result of such Determination of Taxability.
This Bond is issued to refund a portion of certain outstanding obligations of the Issuer, under the authority of and in full compliance with the Constitution and laws of the State of Florida, particularly Chapter 125, Florida Statutes, Ordinance No. 86-11, enacted by the Board of County Commissioners of the Issuer on April 16, 1986, and other applicable provisions of law (the "Act"), and Resolution No. 86-4-12, adopted by the
3 Board of County Commissioners of the Issuer on April 16, 1986, as restated, amended and supplemented (the "Resolution"), and is subject to all the terms and conditions of the Resolution.
This Bond and the interest hereon are payable solely from and secured by a lien upon and a pledge of (i) the Net Revenues (as defined in the Resolution) to be derived from the ownership and operation of various transportation facilities located in the Issuer (the "Transportation Facilities"), as more particularly described in the Resolution and (ii) until applied in accordance with the provisions of the Resolution, all moneys, including investments thereof, in certain funds, accounts and subaccounts established by the Resolution (collectively, the "Pledged Funds"), subject in each case to the application thereof for the purposes and on the conditions permitted by the Resolution. This Bond is issued on parity under the Resolution with certain other outstanding obligations of the Issuer.
It is expressly agreed by the Registered Holder of this Bond that the full faith and credit of the Issuer are not pledged to the payment of the principal of, premium, if any, and interest on this Bond and that such Holder shall never have the right to require or compel the exercise of any taxing power of the Issuer to the payment of such principal, premium, if any, and interest. This Bond and the obligation evidenced hereby shall not constitute a lien upon the Transportation Facilities or any other property of the Issuer, other than the Pledged Funds, but shall constitute a lien only on, and shall be payable solely from, the Pledged Funds in accordance with the terms of the Resolution.
Neither the members of the Board of County Commissioners of the Issuer nor any person executing this Bond shall be liable personally hereon or be subject to any personal liability or accountability by reason of the issuance hereof.
The transfer of this Bond is registrable in accordance with the terms of the Resolution only upon the books of the Issuer kept for that purpose at the office of the Registrar by the Registered Holder hereof in person or by his attorney duly authorized in writing, upon the surrender of this Bond together with a written instrument of transfer satisfactory to the Registrar duly executed by the Registered Holder or his attorney duly authorized in writing, and thereupon a new Bond or Bonds in the same aggregate principal amount shall be issued to the transferee in exchange therefor, and upon the payment of the charges, if any, therein prescribed. The Issuer, the Registrar and any Paying Agent may treat the Registered Holder of this Bond as the absolute owner hereof for all purposes, whether or not this Bond shall be overdue, and shall not be affected by any notice to the contrary. The Issuer shall not be obligated to make any exchange or to register the transfer of this Bond during the 5 days next preceding an interest payment date applicable thereto or, in the case of any proposed redemption of this Bond, then, for that portion of this Bond subject to such redemption during the 5 days next preceding the date of the first mailing of notice of such redemption and continuing until such redemption date.
4 This Bond may be redeemed prior to maturity, at the option of the Issuer, from any moneys legally available therefor, upon notice as provided below, in whole or in part at any time, at a redemption price equal to the principal amount thereof plus accrued interest to the date of redemption and without premium.
Redemption of this Bond under the preceding paragraph shall be made as provided in the Resolution upon notice given by first class mail sent at least 15 days prior to the redemption date to the Registered Holder hereof at the address shown on the registration books maintained by the Registrar. In the event that less than the full principal amount hereof shall have been called for redemption, the Registered Holder hereof shall surrender this Bond in exchange for one or more Bonds in an aggregate principal amount equal to the unredeemed portion of principal as provided in the Resolution.
Within 240 days after the close of each Fiscal Year, the Issuer shall provide the Registered Holder of this Bond with a copy of the Annual Audit prepared in accordance with Section 5.09 of the Resolution. The Issuer shall also provide the Annual Budget prepared in accordance with Section 5.04 of the Resolution within 30 days of the final adoption thereof.
The Issuer shall not amend Section 5.12 of the Resolution in any material manner without the prior approval of the Registered Holder of this Bond.
Reference to the Resolution and any and all resolutions supplemental thereto and modifications and amendments thereof and to the Act is made for a description of the pledge and covenants securing this Bond, the nature, manner and extent of enforcement of such pledge and covenants, the rights, duties, immunities and obligations of the Issuer.
It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond, exist, have happened and have been performed, in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of this Bond does not violate any constitutional or statutory limitations or provisions.
This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Registrar.
5 IN WITNESS WHEREOF, the Board of County Commissioners of Lee County, Florida has issued this Bond and has caused the same to be executed by the manual signature of its Chairman, and attested and countersigned by the manual signature of the Clerk to the Board of County Commissioners of Lee County, Florida, and its corporate seal to be affixed hereon.
LEE COUNTY, FLORIDA
(SEAL)
Chairman of the Board of County Commissioners of Lee County, Florida
Clerk to the Board of County Commissioners of Lee County, Florida
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds of the issue described in the within-mentioned Resolution.
DATE OF AUTHENTICATION:
LEE COUNTY, FLORIDA, as Registrar
Authorized Officer
6 ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers to ______
Insert Social Security or Other Identifying Number of Assignee
(Name and Address of Assignee)
the within bond and does hereby irrevocably constitute and appoint ______, as attorneys to register the transfer of the said bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated: ______
Signature guaranteed:
______NOTICE: Signature must be guaranteed by NOTICE: The signature to this assignment an institution which is a participant in the must correspond with the name of the Securities Transfer Agent Medallion Registered Holder as it appears upon the Program (STAMP) or similar program. face of the within bond in every particular, without alteration or enlargement or any change whatever and the Social Security or other identifying number of such assignee must be supplied.
7 The following abbreviations, when used in the inscription on the face of the within bond, shall be construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants in common
TEN ENT -- as tenants by the entireties
JT TEN -- as joint tenants with right of survivorship and not as tenants in common
UNIF TRANS MIN ACT -- (Cust.)
Custodian for (Minor)
under Uniform Transfers to Minors Act of (State)
Additional abbreviations may also be used though not in list above.
8 APPENDIX I
PRINCIPAL AMORTIZATION SCHEDULE
October 1 Principal Amount
2012 $ 2013 2014 2015 2016 2017* ______*Final maturity
9
ESCROW DEPOSIT AGREEMENT
ESCROW DEPOSIT AGREEMENT, dated as of November __, 2011, by and between the LEE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"), and U.S. Bank National Association (the "Escrow Agent"), a national banking association organized and existing under the laws of the United States of America, having a corporate trust office in Fort Lauderdale, Florida, as escrow agent hereunder.
WHEREAS, the County has heretofore issued its Lee County, Florida Transportation Facilities Refunding Revenue Bonds, Series 2001A (the "Series 2001A Bonds") pursuant to Resolution No. 86-4-12, adopted on April 16, 1986, as restated, amended and supplemented (collectively, the "Resolution"); and
WHEREAS, the County has determined to exercise its option under the Resolution to refund all of the outstanding Series 2001A Bonds (the "Refunded Bonds"); and
WHEREAS, the County has determined to issue its $______principal amount of Lee County, Florida Transportation Facilities Refunding Revenue Bond, Series 2011 (the "Series 2011 Bond") pursuant to the Resolution, a portion of the proceeds of which Series 2011 Bond will be used, together with other legally available moneys of the County, to provide payment for the Refunded Bonds and discharge and satisfy the pledge of the Pledged Funds (as defined in the Resolution) and all covenants, agreements and other obligations of the County under the Resolution in regard to such Refunded Bonds;
WHEREAS, the issuance of the Series 2011 Bond, the deposit of cash into an escrow deposit trust fund to be held by the Escrow Agent, the discharge and satisfaction of the pledge of the Pledged Funds and all covenants, agreements and other obligations of the County under the Resolution in regard to the Refunded Bonds shall occur as a simultaneous transaction; and
WHEREAS, this Agreement is intended to effectuate such simultaneous transaction;
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
SECTION 1. PREAMBLES. The County represents that the recitals stated above are true and correct, and the same are incorporated herein.
SECTION 2. RECEIPT OF RESOLUTION AND VERIFICATION REPORT. Receipt of a true and correct copy of the above-mentioned Resolution and
this Agreement is hereby acknowledged by the Escrow Agent. The applicable and necessary provisions of the Resolution, including, without limitation, Section 9.01 thereof, are incorporated herein by reference. The Escrow Agent also acknowledges receipt of the verification report of The Arbitrage Group, Inc., a firm of independent certified public accountants, dated November ___, 2011 (the "Verification Report"). Reference herein to or citation herein of any provisions of the Resolution or the Verification Report shall be deemed to incorporate the same as a part hereof in the same manner and with the same effect as if the same were fully set forth herein.
SECTION 3. DISCHARGE OF PLEDGE OF HOLDERS OF REFUNDED BONDS. In accordance with Section 9.01 of the Resolution, the County by this writing exercises its option to have the pledge of the Pledged Funds and all covenants, agreements and other obligations of the County under the Resolution to the holders of the Refunded Bonds to cease, terminate and become void and be discharged and satisfied.
SECTION 4. ESTABLISHMENT OF ESCROW FUND. There is hereby created and established with the Escrow Agent a special, segregated and irrevocable escrow deposit trust fund designated the "Lee County, Florida Transportation Facilities Refunding Revenue Bonds, Series 2001A Escrow Deposit Trust Fund" (the "Escrow Fund"). The Escrow Fund shall be held in the custody of the Escrow Agent as a trust fund for the benefit of the holders of the Refunded Bonds, separate and apart from other funds of the County and the Escrow Agent. The Escrow Agent hereby accepts the Escrow Fund and acknowledges the receipt of and deposit to the credit of the Escrow Fund the sum of (A) $______received from the County from proceeds of the Series 2011 Bond (the "Bond Proceeds") and (B) $______other available funds of the County heretofore deposited in the Sinking Account for the Refunded Bonds pursuant to the Resolution (the "County Funds" and together with the Bond Proceeds, the "Cash Deposit"). Moneys in the Escrow Fund shall be held by the Escrow Agent as uninvested cash.
SECTION 5. SUFFICIENCY OF CASH DEPOSIT. In reliance upon the Verification Report, the County represents that the Cash Deposit is sufficient such that moneys will be available to the Escrow Agent in amounts sufficient and at the times required to pay the amounts of principal of and interest due and to become due on the Refunded Bonds as described in Schedule I attached hereto. If the Cash Deposit shall be insufficient to make such payments, the County shall timely deposit to the Escrow Fund, solely from legally available funds of the County, such additional amounts as may be required to pay the Refunded Bonds as described in Schedule I hereto. Notice of any insufficiency shall be given by the Escrow Agent to the County as promptly as possible, but the Escrow Agent shall in no manner be responsible for the County's failure to make such deposits.
2
SECTION 6. CASH DEPOSIT IN TRUST FOR HOLDERS OF REFUNDED BONDS. The deposit of the Cash Deposit in the Escrow Fund shall constitute an irrevocable deposit of moneys by the County in accordance with the Resolution in trust solely for the payment of the principal, redemption premium and interest due and to become due on the Refunded Bonds on the hereinafter defined Redemption Date as set forth in Schedule I hereto.
SECTION 7. ESCROW AGENT TO PAY REFUNDED BONDS FROM ESCROW FUND. The County hereby directs, and the Escrow Agent hereby agrees, that it will take all actions required to be taken by it under the provisions of the Resolution, including the timely payment of the Refunded Bonds in the amounts and at the times provided in Schedule I hereto. The Cash Deposit shall be used to pay the principal of and interest on the Refunded Bonds as the same may mature or be redeemed. If any payment date shall be a day on which the Escrow Agent is not open for the acceptance or delivery of funds, then the Escrow Agent may make payment on the next succeeding business day. The liability of the Escrow Agent for the payment of the principal of and interest due and to become due on the Refunded Bonds pursuant to this Agreement shall be limited to the application of the Cash Deposit available for such purposes in the Escrow Fund solely in accordance with this Escrow Agreement.
SECTION 8. REDEMPTION OF REFUNDED BONDS. The County hereby irrevocably instructs the Escrow Agent to cause the Registrar for the Refunded Bonds to give, on behalf of the Issuer, at the appropriate times the notice or notices, if any, required by the Resolution in connection with the redemption of the Refunded Bonds. The Refunded Bonds shall be redeemed on December 14, 2011 (the "Redemption Date") at a redemption price equal to 100% of the principal amount thereof, plus accrued interest.
SECTION 9. DEFEASANCE. Concurrently with the deposit of the Cash Deposit set forth in Section 4 hereof, the Refunded Bonds shall be deemed to have been paid within the meaning and with the effect expressed in Section 9.01 of the Resolution.
SECTION 10. ESCROW FUND IRREVOCABLE. The Escrow Fund hereby created shall be irrevocable and the holders of the Refunded Bonds shall have an express lien on the Cash Deposit deposited in the Escrow Fund pursuant to the terms hereof and the interest earnings thereon until paid out, used and applied in accordance with this Agreement and the Resolution. Neither the County nor the Escrow Agent shall cause nor permit any other lien or interest whatsoever to be imposed upon the Escrow Fund.
SECTION 11. AMENDMENTS TO AGREEMENT. This Agreement is made for the benefit of the County and the holders from time to time of the Refunded
3
Bonds and it shall not be repealed, revoked, altered or amended without the written consent of all such holders and the written consent of the Escrow Agent; provided, however, that the County and the Escrow Agent may, without the consent of, or notice to, such holders, enter into such agreements supplemental to this Agreement as shall not adversely affect the rights of such holders and as shall not be inconsistent with the terms and provisions of this Agreement, for any one or more of the following purposes:
(a) to cure any ambiguity or formal defect or omission in this Agreement;
(b) to grant, or confer upon, the Escrow Agent for the benefit of the holders of the Refunded Bonds, any additional rights, remedies, powers or authority that may lawfully be granted to, or conferred upon, such holders or the Escrow Agent; and
(c) to subject to this Agreement additional funds, securities or properties.
The Escrow Agent shall be entitled to rely exclusively upon an unqualified opinion of nationally recognized Bond Counsel with respect to compliance with this Section 11, including the extent, if any, to which any change, modification or addition affects the rights of the holders of the Refunded Bonds, or that any instrument executed hereunder complies with the conditions and provisions of this Section 11.
SECTION 12. FEES AND EXPENSES OF ESCROW AGENT; INDEMNIFICATION. In consideration of the services rendered by the Escrow Agent under this Agreement, the County agrees to and shall pay to the Escrow Agent the fees and expenses as shall be agreed to in writing by the parties hereto. The Escrow Agent shall have no lien or right of set-off whatsoever upon any of the Cash Deposit in said Escrow Fund for the payment of such proper fees and expenses. The County further agrees to indemnify and save the Escrow Agent harmless, to the extent allowed by law, against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder, and which are not due to the Escrow Agent's negligence or misconduct. Indemnification provided under this Section 12 shall survive the termination of this Agreement.
Whenever the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the County. The Escrow Agent may conclusively rely, as to the correctness of statements, conclusions and opinions therein, upon any certificate, report, opinion or other document furnished to the Escrow Agent pursuant to any provision of this Agreement; the Escrow Agent shall be protected and shall not be liable for acting or proceeding, in good faith, upon such reliance; and the Escrow Agent shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Escrow Agent may consult with counsel, 4
who may be counsel to the County or independent counsel, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith in accordance herewith. Prior to retaining such independent counsel, the Escrow Agent shall notify the County of its intention to retain counsel.
SECTION 13. REPORTING REQUIREMENTS OF ESCROW AGENT. As soon as practicable after December 14, 2011, the Escrow Agent shall forward in writing to the County a statement in detail of the withdrawals of money from the Escrow Fund.
SECTION 14. RESIGNATION OR REMOVAL OF ESCROW AGENT. The Escrow Agent, at the time acting hereunder, may at any time resign and be discharged from the duties and obligations hereby created by giving not less than 60 days written notice to the County and mailing notice thereof, specifying the date when such resignation will take effect to the holders of the Refunded Bonds, but no such resignation shall take effect unless a successor Escrow Agent shall have been appointed by the holders of the Refunded Bonds or by the County as hereinafter provided and such successor Escrow Agent shall have accepted such appointment, in which event such resignation shall take effect immediately upon the appointment and acceptance of a successor Escrow Agent.
The Escrow Agent may be replaced at any time by an instrument or concurrent instruments in writing, delivered to the Escrow Agent at least 60 days prior to the scheduled replacement date, and signed by either the County or the holders of the Refunded Bonds. Such instrument shall provide for the appointment of a successor Escrow Agent, which appointment shall occur simultaneously with the removal of the Escrow Agent.
In the event the Escrow Agent hereunder shall resign or be removed, or be dissolved, or shall be in the course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case the Escrow Agent shall be taken under the control of any public officer or officers, or of a receiver appointed by a court, a successor may be appointed by the holders of the Refunded Bonds by an instrument or concurrent instruments in writing, signed by such holders, or by their attorneys in fact, duly authorized in writing; provided, nevertheless, that in any such event, the County shall appoint a temporary Escrow Agent to fill such vacancy until a successor Escrow Agent shall be appointed by the holders of the Refunded Bonds in the manner above provided, and any such temporary Escrow Agent so appointed by the County shall immediately and without further act be superseded by the Escrow Agent so appointed by such holders. The County shall mail notice of any such appointment made by it at the times and in the manner described in the first paragraph of this Section 14.
5
In the event that no appointment of a successor Escrow Agent or a temporary successor Escrow Agent shall have been made by such holders or the County pursuant to the foregoing provisions of this Section 14 within 60 days after written notice of resignation of the Escrow Agent has been given to the County, the holders of the Refunded Bonds or any retiring Escrow Agent may apply to any court of competent jurisdiction for the appointment of a successor Escrow Agent, and such court may thereupon, after such notice, if any, as it shall deem proper, appoint a successor Escrow Agent.
In the event of replacement or resignation of the Escrow Agent, the Escrow Agent shall remit to the County the prorated portion of prepaid fees not yet incurred or payable, less any termination fees and expenses at the time of discharge, the County shall pay all accrued and unpaid fees and expenses of the Escrow Agent and the Escrow Agent shall have no further liability hereunder and the County shall indemnify and hold harmless Escrow Agent, to the extent allowed by law, from any such liability, including costs or expenses incurred by the Escrow Agent or its counsel.
No successor Escrow Agent shall be appointed unless such successor Escrow Agent shall be a corporation with trust powers organized under the banking laws of the United States or any State, and shall have at the time of appointment capital and surplus of not less than $50,000,000.
Every successor Escrow Agent appointed hereunder shall execute, acknowledge and deliver to its predecessor and to the County an instrument in writing accepting such appointment hereunder and thereupon such successor Escrow Agent, without any further act, deed or conveyance, shall become fully vested with all the rights, immunities, powers, trusts, duties and obligations of its predecessor; but such predecessor shall nevertheless, on the written request of such successor Escrow Agent or the County execute and deliver an instrument transferring to such successor Escrow Agent all the estates, properties, rights, powers and trust of such predecessor hereunder; and every predecessor Escrow Agent shall deliver all securities and moneys held by it to its successor; provided, however, that before any such delivery is required to be made, all fees, advances and expenses of the retiring or removed Escrow Agent shall be paid in full. Should any transfer, assignment or instrument in writing from the County be required by any successor Escrow Agent for more fully and certainly vesting in such successor Escrow Agent the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor Escrow Agent, any such transfer, assignment and instruments in writing shall, on request, be executed, acknowledged and delivered by the County.
Any corporation into which the corporate trust business of the Escrow Agent, or any successor to it in the trusts created by this Agreement, may be merged or converted
6 or with which it or any successor to it may be consolidated, or any corporation resulting from any merger, conversion, consolidation or tax-free reorganization to which the corporate trust business of the Escrow Agent or any successor to it shall be a party shall be the successor Escrow Agent under this Agreement without the execution or filing of any paper or any other act on the part of any of the parties hereto, anything herein to the contrary notwithstanding.
SECTION 15. PAYING AGENT AND REGISTRARS. The Paying Agent and Registrar for the Refunded Bonds is U.S. Bank National Association.
SECTION 16. TERMINATION OF AGREEMENT. Except for provisions hereof which are stated to survive the termination hereof, this Agreement shall terminate when all transfers and payments required to be made by the Escrow Agent under the provisions hereof shall have been made. Upon such termination, all moneys remaining in the Escrow Fund shall be released to the County.
SECTION 17. GOVERNING LAW. This Agreement shall be governed by the applicable laws of the State of Florida.
SECTION 18. SEVERABILITY. If any one or more of the covenants or agreements provided in this Agreement on the part of the County or the Escrow Agent to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Agreement.
SECTION 19. COUNTERPARTS. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument.
SECTION 20. NOTICES. Any notice, authorization, request or demand required or permitted to be given in accordance with the terms of this Agreement shall be in writing and sent by registered or certified mail addressed to:
Lee County, Florida 2115 Second Street Fort Myers, Florida 33901 Attn: Fiscal Resources Manager
U.S. Bank National Association 550 West Cypress Creek Road, Suite 380 Fort Lauderdale, Florida 33309 Attn: Corporate Trust 7
IN WITNESS WHEREOF, the parties hereto have each caused this Escrow Deposit Agreement to be executed by their duly authorized officers and appointed officials and their seals to be hereunder affixed and attested as of the date first written herein.
LEE COUNTY, FLORIDA (SEAL)
Chair ATTEST:
Clerk
U.S. BANK NATIONAL ASSOCIATION, Escrow Agent
By: Authorized Signatory
8
SCHEDULE I
DEBT SERVICE REQUIREMENTS FOR REFUNDED BONDS
[To be copied from Verification Report]
RESOLUTION NO.
RESOLUTION SUPPLEMENTING A RESOLUTION ENTITLED: "A RESOLUTION AUTHORIZING THE ISSUANCE BY LEE COUNTY OF NOT EXCEEDING $100,000,000 IN THE AGGREGATE PRINCIPAL AMOUNT OF TRANSPORTATION FACILITIES REVENUE BONDS, SERIES 1987 TO FINANCE THE COST OF REFUNDING CERTAIN OUTSTANDING OBLIGATIONS OF THE COUNTY AND CONSTRUCTING AND ACQUIRING CERTAIN IMPROVEMENTS TO VARIOUS BRIDGES AND OTHER TRANSPORTATION FACILITIES LOCATED WITHIN THE COUNTY; PLEDGING THE NET REVENUES DERIVED FROM SUCH BRIDGES AND TRANSPORTATION FACILITIES TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS; PROVIDING FOR THE ISSUANCE OF ADDITIONAL BONDS; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION" AS AMENDED AND RESTATED IN ITS ENTIRETY; AUTHORIZING THE REFUNDING OF THE COUNTY'S OUTSTANDING TRANSPORTATION FACILITIES REFUNDING REVENUE BONDS, SERIES 2001A; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $31,000,000 PRINCIPAL AMOUNT OF A LEE COUNTY, FLORIDA TRANSPORTATION FACILITIES REFUNDING REVENUE BOND, SERIES 2011 IN ORDER TO REFUND SUCH SERIES 2001A BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BOND; AUTHORIZING A NEGOTIATED SALE OF SAID BOND AND THE AWARD OF THE BOND PURSUANT TO THE PROPOSAL OF SUNTRUST BANK DELEGATING CERTAIN AUTHORITY TO THE CHAIR FOR THE AWARD OF THE BOND AND THE APPROVAL OF THE TERMS AND DETAILS OF SAID BOND; APPOINTING THE CLERK AS PAYING AGENT AND REGISTRAR FOR SAID BOND; AUTHORIZING EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT AND APPOINTING AN ESCROW AGENT THERETO; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA:
SECTION 1. FINDINGS. It is hereby found and determined that:
(A) On April 16, 1986, the Board of County Commissioners of Lee County, Florida (the "Issuer") adopted Resolution No. 86-4-12, the title of which is quoted in the title of this Supplemental Resolution (as defined in the Resolution), authorizing, among other things, the issuance of bonds for the purpose of financing and refinancing the acquisition and construction of certain transportation related capital improvements within the Issuer, as more particularly described in such Resolution. Resolution No. 86-4-12, as restated, amended and supplemented is herein referred to as the "Resolution."
(B) Pursuant to the Resolution, the Issuer has heretofore issued its Lee County, Florida Transportation Facilities Revenue Bonds, Series 1995 (the "Series 1995 Bonds"), its Lee County, Florida Transportation Facilities Refunding Revenue Bonds, Series 2001A (the "Series 2001A Bonds"), its Lee County, Florida Transportation Facilities Revenue Bonds, Series 2004B (the "Series 2004B Bonds"), its Lee County, Florida Transportation Facilities Refunding Revenue Bonds, Series 2005A (the "Series 2005A Bonds") and its Lee County, Florida Transportation Facilities Revenue Bonds, Series 2005B (the "Series 2005B Bonds") in order to finance and refinance certain transportation related capital improvements within the Issuer. The Series 1995 Bonds, the Series 2004B Bonds, the Series 2005A Bonds and the Series 2005B Bonds are referred to herein as the "Parity Bonds."
(C) The Issuer hereby deems it in its best interests to refund all of the Series 2001A Bonds (the "Refunded Bonds") in order to achieve debt service savings.
(D) The Resolution provides for the issuance of Additional Bonds for the refunding of the Refunded Bonds upon meeting certain requirements set forth herein and in the Resolution.
(E) There is hereby authorized the payment and refunding of the Refunded Bonds in order to achieve debt service savings, all in the manner as provided by this Supplemental Resolution. For the payment and refunding of said Refunded Bonds, the Issuer shall, as provided herein, deposit part of the proceeds derived from the sale of its Lee County, Florida Transportation Facilities Refunding Revenue Bond, Series 2011 (the "Series 2011 Bond"), together with other legally available moneys of the Issuer, in an escrow deposit trust fund (the "Escrow Fund"), which moneys shall be held as cash and shall be sufficient to pay the Refunded Bonds as the same become due and payable or are redeemed prior to maturity, all as provided herein and in the hereinafter defined Escrow
2 Deposit Agreement. Subsequent to the defeasance of the Refunded Bonds, the Refunded Bonds shall no longer be payable from or be secured by any portion of the Pledged Funds (as defined in the Resolution).
(F) The Issuer deems it to be in its best interest to issue the Series 2011 Bond in order to effect the refunding of the Refunded Bonds. The Series 2011 Bond shall be issued on parity as to the pledge of and lien on the Pledged Funds with the outstanding Parity Bonds.
(G) The Issuer has received a favorable offer to purchase the Series 2011 Bond from SunTrust Bank (the "Bank") in the form of the Commitment attached hereto as Exhibit A (the "Commitment"), all within the parameters set forth herein.
(H) Due to the current state of and potential volatility of the market for tax- exempt obligations such as the Series 2011 Bond and the complexity of the transactions relating to such Series 2011 Bond, it is in the best interest of the Issuer to sell the Series 2011 Bond by a negotiated sale to the Bank pursuant to the provisions hereof, rather than at a specified advertised date, thereby permitting the Issuer to obtain the best possible price, terms and interest rate for the Series 2011 Bond.
(I) The covenants, pledges and conditions in the Resolution shall be applicable to the Series 2011 Bond herein authorized and said Series 2011 Bond shall be on a parity in all respects with the Parity Bonds and all Additional Bonds (as defined in the Resolution) hereafter issued pursuant to the Resolution, and shall constitute "Bonds" within the meaning of the Resolution.
(J) The Resolution provides for the issuance of the Series 2011 Bond and that such Series 2011 Bond shall mature on such dates and in such amounts, shall bear such rate(s) of interest, shall be payable in such place and shall be subject to such redemption provisions as shall be determined by Supplemental Resolution adopted by the Issuer; and it is now appropriate that the Issuer determine certain of such provisions, terms and details and establish the mechanisms for determining the remaining provisions, terms and details.
(K) The Issuer is current in all deposits into the various accounts and subaccounts established by the Resolution and all payments heretofore required to have been deposited or made by the Issuer under the provisions of the Resolution have been made and the Issuer is in compliance with the covenants and agreements of the Resolution.
SECTION 2. DEFINITIONS. When used in this Supplemental Resolution, the terms defined in the Resolution shall have the meanings therein stated, except as such definitions shall be hereinafter amended or defined.
3 SECTION 3. AUTHORITY FOR RESOLUTION. This Supplemental Resolution is adopted pursuant to the provisions of the Act.
SECTION 4. AUTHORIZATION OF THE REFUNDING OF THE REFUNDED BONDS. The Issuer hereby authorizes the refunding of the Refunded Bonds in order to achieve debt service savings.
SECTION 5. DESCRIPTION OF THE SERIES 2011 BOND. (A) The Issuer hereby authorizes the issuance of a Series of Bonds in an aggregate principal amount not to exceed $31,000,000 to be known as the "Lee County, Florida Transportation Facilities Refunding Revenue Bond, Series 2011" (or such other designation as shall be determined by the Chair) for the principal purposes of refunding the Refunded Bonds and paying costs of issuance of the Series 2011 Bond. The Chair shall determine the principal amount of the Series 2011 Bond, provided the amount does not exceed $31,000,000.
The Series 2011 Bond shall be substantially in the form attached hereto as Exhibit B, with such amendments, changes and modifications as shall be approved by the Chair. Execution of the Series 2011 Bond by the Chair shall be conclusive evidence of approval of any such amendments, changes and modifications. The Series 2011 Bond shall be dated as of the date of delivery (or such other date as shall be determined by the Chair) and shall be issued in the form of a fully registered bond. The Series 2011 Bond shall bear interest computed on the basis of an actual 360-day year, from its dated date, payable on April 1 and October 1 (each an "Interest Date") commencing on April 1, 2012, and at such interest rate or rates as shall be provided in the Series 2011 Bond. Principal shall be payable in such amounts on such dates as shall be provided in the Series 2011 Bond and approved by the Chair, subject to the conditions set forth herein. The Series 2011 Bond shall be subject to such redemption provisions as shall be provided in the Series 2011 Bond and approved by the Chair. The final maturity date shall be October 1, 2017.
Interest payable on the Series 2011 Bond on any Interest Date and all principal payments coming due will be paid by ACH Direct Debit from a SunTrust Bank account to the Holder in whose name such Series 2011 Bond shall be registered at the close of business on the date which shall be the fifteenth day (whether or not a business day) of the calendar month next preceding such Interest Date. All payments of principal of and interest on the Series 2011 Bond shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts.
(B) The form of the Commitment, with such amendments, changes and modifications as shall be approved by the Chair, is hereby approved subject to the conditions of this Section 5(B) Execution of the Commitment by the Chair shall be conclusive evidence of approval of any such amendments, changes and modifications.
4 The Commitment shall not be executed by the Chair until such time as the following conditions have been satisfied:
(i) The present value savings of refunding the Refunded Bonds shall be in an amount not less than 3.0% of the principal amount of the Refunded Bonds.
(ii) Receipt by the Chair of a disclosure statement and a truth-in-bonding statement of the Bank dated the date of the Commitment and complying with Section 218.385, Florida Statutes.
Upon satisfaction of the requirements set forth in this Section 5(B), the Chair is authorized to execute and deliver the Commitment containing terms complying with the provisions of this Section 5 and the Series 2011 Bond shall be sold to the Bank pursuant to the provisions of such Commitment. The Chair shall rely upon the advice of the Issuer's Financial Advisor as to satisfaction of the conditions provided in this Section 5.
SECTION 6. REDEMPTION PROVISIONS. The Series 2011 Bond may be redeemed prior to its maturity from any moneys legally available therefor upon notice as provided in the Resolution and the Series 2011 Bond.
SECTION 7. APPLICATION OF SERIES 2011 BOND PROCEEDS. The proceeds derived from the sale of the Series 2011 Bond shall, simultaneously with the delivery of the Series 2011 Bond to the Bank, be applied by the Issuer as follows:
(A) A sufficient amount of Series 2011 Bond proceeds, together with other legally available moneys, shall be deposited in the Escrow Fund and, shall be held as cash in the manner set forth in the Escrow Deposit Agreement, which moneys shall be sufficient to pay the principal of and interest on the Refunded Bonds as the same mature or are redeemed in accordance with the terms of the Escrow Deposit Agreement. Moneys in the Escrow Fund may be invested in Refunding Securities provided the Issuer receives a verification report that such investments shall mature at such times and in such amounts as shall be sufficient, together with any interest earnings and cash deposit, to pay the principal of and interest on the Refunded Bonds as the same mature or are redeemed in accordance with the terms of the Escrow Deposit Agreement.
(B) A sufficient amount of the proceeds of the Series 2011 Bond shall be applied to the payment of costs and expenses relating to the issuance of the Series 2011 Bond.
(C) The balance of the Series 2011 Bond proceeds, if any, shall be deposited into the Interest Account and shall be used to pay interest on the Series 2011 Bond.
SECTION 8. TRANSFER OF CERTAIN MONEYS. The Refunded Bonds will be refunded from proceeds of the Series 2011 Bond and from other legally available funds of the Issuer. Any excess moneys on deposit in the Sinking Account of
5 the Enterprise Fund established for the benefit of the Refunded Bonds pursuant to the Resolution and not required to remain on deposit therein may be transferred to the Escrow Fund established pursuant to the Escrow Deposit Agreement. The Chair shall determine, upon advice of the Issuer's Financial Advisor, whether any excess moneys should be transferred to the Escrow Fund as provided in this Section 8. Execution of the Escrow Deposit Agreement by the Chair shall be conclusive evidence of approval of any such transfer.
SECTION 9. APPOINTMENT OF PAYING AGENT AND REGISTRAR. The Issuer shall serve as Registrar and Paying Agent for the Series 2011 Bond.
SECTION 10. AUTHORIZATION TO EXECUTE ESCROW DEPOSIT AGREEMENT. Subject in all respects to the satisfaction of the conditions set forth in Section 5 hereof, the Issuer hereby authorizes and directs the Chair and the Clerk to execute an escrow deposit agreement (the "Escrow Deposit Agreement") and to deliver the Escrow Deposit Agreement to U.S. Bank National Association, Fort Lauderdale, Florida, which is hereby appointed as Escrow Agent. The Escrow Deposit Agreement shall be in substantially the form of the Escrow Deposit Agreement attached hereto as Exhibit C with such changes, amendments, modifications, omissions and additions, including the date of such Escrow Deposit Agreement, as may be approved by said Chair and Clerk. Execution by the Chair and the Clerk of the Escrow Deposit Agreement shall be deemed to be conclusive evidence of approval of such changes.
SECTION 11. GENERAL AUTHORITY. The members of the Board, the Clerk and County Manager of the Issuer and the officers, attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this Supplemental Resolution, the Resolution, the Commitment, or the Escrow Deposit Agreement, desirable or consistent with the requirements hereof or the Resolution, the Commitment or the Escrow Deposit Agreement, for the full punctual and complete performance hereof or thereof. Each member, employee, attorney and officer of the Issuer or the Board, the Clerk and the County Manager is hereby authorized and directed to execute and deliver any and all papers and instruments and to be and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereunder. In the event the Issuer determines to invest moneys held in the Escrow Fund as described in Section 7(A) hereof, the Issuer hereby authorizes its Financial Advisor and Bond Counsel to do all things necessary to acquire the Refunding Securities. In the Chair's absence or unavailability, the Vice-Chair is hereby authorized to do all things required or authorized of the Chair hereunder, including execution of all agreements described herein.
SECTION 12. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though
6 not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements and provisions and shall in no way affect the validity of any of the other provisions hereof or of the Series 2011 Bond issued hereunder.
SECTION 13. RESOLUTION TO CONTINUE IN FORCE. Except as herein expressly provided, the Resolution and all the terms and provisions thereof are and shall remain in full force and effect.
SECTION 14. EFFECTIVE DATE. This Supplemental Resolution shall become effective immediately upon its adoption.
DULY ADOPTED, in Regular Session, this 1st day of November, 2011.
BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA
(SEAL)
By: Chair ATTEST:
Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
County Attorney
7 EXHIBIT A
FORM OF COMMITMENT
EXHIBIT B
FORM OF SERIES 2011 BOND
EXHIBIT C
FORM OF ESCROW DEPOSIT AGREEMENT
REQUEST FOR TRANSFER OF FUNDS
FUND NAME: Trans Facil - Cape Bridge Operating DATE: 10/21/11 BATCH NO.
FISCAL YEAR: 11-12 FUND #: 42101 DOC TYPE: YB LEDGER TYPE BA
TO: Non-Departmental Interfund Transfers (DIVISION NAME) (PROGRAM NAME)
ACCOUNT NUMBER OBJECT NAME DEBIT
GC5810142101.509191.T42169 Debt Subfund Transfer to Fund 42169 $4,244,057
TOTAL TO: $4,244,057
FROM: Non-Departmental Interfund Transfers (DIVISION NAME) (PROGRAM NAME)
ACCOUNT NUMBER OBJECT NAME CREDIT
GC5810142101.509191.T42165 Debt Subfund Transfer to Fund 42165 $4,244,057
TOTAL FROM: $4,244,057 EXPLANATION:
Because of the refunding of the series 2001A bonds the transfer for debt payment changes to a new subfund set up for debt payments for the new series 2011 debt per BS#20110884.
BOARD OF COUNTY COMMISSIONERS LEE COUNTY, FLORIDA
Chair
BA NO: AUTH CODE: TRANS DATE: REQUEST FOR TRANSFER OF FUNDS
FUND NAME: Trans Facil - Sanibel Bridge Operating DATE: 10/21/11 BATCH NO.
FISCAL YEAR: 11-12 FUND #: 42102 DOC TYPE: YB LEDGER TYPE BA
TO: Non-Departmental Interfund Transfers (DIVISION NAME) (PROGRAM NAME)
ACCOUNT NUMBER OBJECT NAME DEBIT
GC5810142102.509191.T42169 Debt Subfund Transfer to Fund 42169 $807,791
TOTAL TO: $807,791
FROM: Non-Departmental Interfund Transfers (DIVISION NAME) (PROGRAM NAME)
ACCOUNT NUMBER OBJECT NAME CREDIT
GC5810142102.509191.T42165 Debt Subfund Transfer to Fund 42165 $807,791
TOTAL FROM: $807,791 EXPLANATION:
Because of the refunding of the series 2001A bonds the transfer for debt payment changes to a new subfund set up for debt payments for the new series 2011 debt per BS#20110884.
BOARD OF COUNTY COMMISSIONERS LEE COUNTY, FLORIDA
Chair
BA NO: AUTH CODE: TRANS DATE:
Lee County Board Of County Commissioners Blue Sheet No. 20110803 Agenda Item Summary 1. ACTION REQUESTED/PURPOSE: Conduct a public hearing to adopt by resolution the proposed redistricting of the Lee County Commission Districts in response to the year 2010 Census population data.
2. FUNDING SOURCE: N/A
3. WHAT ACTION ACCOMPLISHES: Complies with Florida Constitutional requirement that the Commissioners divide the county into districts of contiguous territory as nearly equal in population as possible after each decennial census. Establishes the revised configuration of the County Commission Districts.
4. MANAGEMENT RECOMMENDATION: Approve
5. Departmental Category: 9:30 PH1 6. Meeting Date: 11/1/2011 7. Agenda: 8. Requirement/Purpose: (specify) 9. Request Initiated Statute CH 124 F.S. Commissioner: All Public Ordinance Department: COMMUNITY DEVELOPMENT Admin Code Division: Planning Other Fl. Const. Art. VIII, By: Paul OConnor Sec (e) 10. Background: After each decennial census, the Florida Constitution, Florida Statutes and the Lee County Charter require the Commission to divide the County into districts of contiguous territory as nearly equal in proportion to population as possible. In response to this directive, Planning staff prepared a report containing alternatives that meet common redistricting practices for the Board’s consideration.
At its August 8, 2011 Management and Planning Committee meeting, the Board directed staff to schedule a public hearing to afford members of the public to address the Board on the various options under consideration. A hearing was held on Tuesday September 13, 2011, where the Board directed staff to schedule the final adoption hearing on the redistricting proposals for October 11, 2011. The Board indicated their preference for Alternative 6 for further consideration at that final hearing. Staff published notice of the adoption hearing along with a map of the configuration of districts proposed in Alternative 6 with the understanding that further refinements could be made to the boundaries at the final hearing. The Board will adopt a final district configuration at the conclusion of this hearing. Although the resolution will be effective immediately upon adoption, the boundary changes themselves will not be effective until advertised once a week for two consecutive weeks following adoption of the resolution.
Once adopted, the resolution establishing the new District boundaries will be entered upon the record and a certified copy of the boundary descriptions will be published in the newspaper once a week for two consecutive weeks. Proof of the publication of the finalized district boundaries will be entered into the minutes at a future meeting of the Board in accordance with Florida Statutes.
Attachments: Draft Resolution Alternative 6 (Map)
11. Required Review: DonnaDonna----MarieMarie Holly Mary Gibbs David Harris David Harris Collins Schwartz COMMUNITY County Attorney Budget Analyst Budget Services County Manager DEVELOPMENT 12. Commission Action:
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Kirton, Kim
From: Boutelle, Stephen Sent: Thursday, October 27, 2011 1:44 PM To: Kirton, Kim Cc: Meurer, Douglas; Ottolini, Roland Subject: Mohawk Reef Walk-On Justification
An item for approval of 1) resolution and WCIND application requesting funding from West Coast Inland Navigation District (WCIND); 2) agreement between the WCIND and Lee County has been entered in to SIRE under the Natural Resources category. It is Bluesheet #20110918 presently listed on the agenda of 11/15/11. The item needs to be approved by the County Commission on 11/1/11 in order to be considered by WCIND at their Board meeting of November 4, 2011. The WCIND Board does not meet again until January 2012 which would cause an unacceptable delay and potentially jeopardize the project. Steve Boutelle Marine Operations Manager Lee County - Natural Resources Division 1500 Monroe Street Fort Myers, Florida 33901
Ph: 239-533-8128 FX: 239-485-8408 [email protected] www.lee-county.com
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WCIND WATERWAY DEVELOPMENT PROGRAM
APPLICATION FORM
PROJECT NUMBER: L-351C (W.C.I.N.D.) DATE: FY 2011-2012 (FISCAL YEAR)
1. APPLICANT: Lee County
2. TYPE OF PROJECT: Countywide Navigation
3. PROJECT TITLE: USCGC Mohawk Veterans Memorial Reef
PROJECT LOCATION: Lee County
PROJECT DESCRIPTION AND PUBLIC BENEFIT TO RESULT: Reefing the vessel Mohawk as a veterans memorial reef. Project will create a boating destination.
4. TYPE AND STATUS OF REQUIRED PERMITS, EASEMENTS OR LEASES:
TYPE: ACOE ERP STATUS: Issued
5. ESTIMATED COMPLETION DATE: November 1st 2012
6. REQUIRED ATTACHMENTS:
A. VICINITY MAP - Lee County
B. SITE DEVELOPMENT PLAN - N/A
C. PROJECTED COMPLETION DATE – November 1st 2012
FORM #1, Effective Date 11-11-90 . WCIND WATERWAY DEVELOPMENT PROGRAM
APPLICATION FORM- CONTINUED
9. WCIND FUNDS REQUESTED: 1,500,000.00 DOLLARS
10.LIST AMOUNT (S) AND SOURCE (S) OF OTHER PROJECT FUNDS.
ATTACH SEPARATE SHEET CLEARLY IDENTIFYING AND ENUMERATING THE AMOUNT AND SOURCE OF ALL MATCHING FUNDS. ACCORDING TO SECTION 374.976 FS AND RULE 66A-2, F.A.C., MATCHING FUNDS ARE REQUIRED EXCEPT FOR CERTAIN EXCEPTED PROJECTS. 11.ESTIMATED TOTAL PROJECT COST: DOLLARS
12.APPLICANT IDENTIFICATION: Natural Resources Division
APPLICANT COUNTY: Lee County
LOCATED IN CITY OF: (IF APPLICABLE)
LIAISON AGENT: Justin McBride
APPOINTED REPRESENTATIVE OF: Lee (NAME OF COUNTY)
OR:
APPOINTED REPRESENTATIVE OF: STATE OF FLORIDA (NAME OF DEPARTMENT)
ADDRESS: Lee County Natural Resources P.O. Box 398
Ft. Myers, FL 33902
TELEPHONE NO.: (239 ) 533-8109
13.SIGNATURE:
DATE: October 26, 2011
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10 EXHIBIT A
Date: 10-15-2011
SCOPE OF SERVICES for RECYCLED GLASS CULLET PROCESSING
BASIC SERVICES
Section 1. GENERAL SCOPE STATEMENT
The Parties shall provide and perform the following services, which shall constitute the GENERAL SCOPE of the BASIC SERVICES under the covenants, terms, and provisions of this SERVICE PROVIDER AGREEMENT.
Section 2. TASKS
Pursuant to the GENERAL SCOPE of the BASIC SERVICES stated herein above, the Parties shall perform all services and/or work necessary to complete the following task(s) and/or provide the following item(s) which are enumerated to correspond to the task(s) and/or items set forth in EXHIBIT "B" entitled "COMPENSATION AND METHOD OF PAYMENT".
Responsibilities of the PROVIDER
1. 5HFHLYHDQGSURFHVV/HH&RXQW\¶VPL[HGFRORUEURNHQJODVV LH³FXOOHW´ regardless whether such glass is screened or unscreened. 2. 5HFHLYHDQGSURFHVVWKH&RXQW\¶VVFUHHQHG-overs (i.e., cullet passing over a screen with 3/8 inch openings), mixed broken glass and pay the COUNTY, or its designated Materials Recovery Facility (MRF) operator, according to Exhibit B. Prior to the demonstration of equipment operation, there will be no fee charged to the COUNTY (i.e., $0.00) for the PROVIDER to process WKH&2817<¶6 screened- overs cullet. 3. Reimburse the COUNTY $40,000.00 for equipment and improvements to be made at WKH&2817<¶6 MRF including conveyors, a screen, and a magnet that will be owned and used by the COUNTY to preprocess its glass prior to transport. Reimbursement payments to Lee will be $10,000 upon final design, $20,000 upon purchase of equipment, $10,000 upon installation, start-up and full operation of equipment. 4. Pay the COUNTY $22.75 per ton for disposal of the fluff that the COUNTY transports to its waste to energy facility.
A1 of A2
Responsibilities of the COUNTY (or its contracted MRF operator)
1. Deliver, (a) unscreened and (b) screened-overs, mixed color broken glass cullet to the Strategic Materials, Inc. (PROVIDER) facility in Sarasota / Bradenton Florida. 2. Design, purchase, and install a glass clean-XSV\VWHPDWWKH&2817<¶605)WKDW will UHPRYHUHVLGXHDQGVFUHHQWKH&2817<¶VFXOOHWSULRUWRWUDnsport to the PROVIDER. It is intended that the glass clean-up system will be in-line and FRQWLQXRXVZLWKWKH&2817<¶VH[LVWLQJJODVVSURFHVVLQJHTXLSPHQW 3. Receive, transport, and dispose a portion of WKH3529,'(5¶6 ³IOXII´UHVLGXH material. The fluff will generally consist of the combustible, light fraction of residue that results from WKH3529,'(5¶S processing operation, not the (non-combustible) heavy fraction of the residue. The PROVIDER will load such fluff into the &2817<¶6 transport trailers immediately after Lee has delivered glass to the PROVIDER. The COUNTY will not be responsible to transport any of the 3529,'(5¶6 fluff in its trucks or trailers unless such vehicles have just delivered glass to the PROVIDER. The PROVIDER will only load fluff for disposal by the County as the PROVIDER determines such fluff is available.
A2 of A2 EXHIBIT B
Date: 10-15-2011
COMPENSATION AND METHOD OF PAYMENT
For Recycled Glass Cullet Processing
Section 1. BASIC SERVICES/TASK(S)
Each Party shall compensate the other Party for providing and performing the Task(s) set forth and enumerated in EXHIBIT "A", entitled "SCOPE OF SERVICES", as follows:
NOTE: A Lump Sum (L.S.) or Not-to-Exceed (N.T.E.) amount of compensation to be paid to the respective Party should be established and set forth below for each task or sub-task described and authorized in Exhibit "A". In accordance with Agreement Article 4.3(1) "Method of Payment", tasks to be paid on a Work-in-Progress payment basis should be identified (WIPP).
Indicate Task Amount of Basis of If Applicable Number Task Title Compensation Compensation Indicate LS or NTE (W.I.P.P.)
Responsibility of the COUNTY for
compensation to the PROVIDER:
County 1.a Pay the PROVIDER for processing $10.00 per ton LS Unit Price WIPP
Provider 1 unscreened glass delivered to the delivered PROVIDER
Responsibility of the PROVIDER
for compensation to the COUNTY (or its designated MRF operator):
County 1.b Pay the COUNTY for receipt of $1.00 per ton LS Unit Price WIPP screened-overs cullet (beginning the delivered Provider 2 date first written in this Agreement through Sept. 30, 2013).
Pay the COUNTY for receipt of $2.50 per ton LS Unit Price WIPP screened-overs cullet (beginning delivered Oct. 1, 2013 through Sept. 30, 2015).
Pay the COUNTY for receipt of $5.00 per ton LS Unit Price WIPP screened-overs cullet (beginning delivered Oct. 1, 2015 through Sept. 30,
2017).
CMO:033 Page B 1 of B2
EXHIBIT B (Continued)
Indicate Task Amount of Basis of If Applicable Number Task Title Compensation Compensation Indicate LS or NTE (W.I.P.P.)
Responsibility of the PROVIDER for compensation to the COUNTY or its designated MRF operator (contd):
County 1.b Pay the COUNTY for receipt of $7.00 per ton LS Unit Price WIPP Provider 2 screened-overs cullet (beginning Oct. delivered 1, 2017 through Sept. 30, 2019).
Provider 3 Reimburse Lee County for equipment and improvements constructed at the COUNTY MRF:
$10,000.00 LS Upon completion of design.
Upon purchase of equipment. $20,000.00 LS
Upon demonstration of operation. $10,000.00 LS
County 3 Pay Lee County for transport and $22.75 per ton LS Unit Price WIPP disposal of 3529,'(5´6fluff residue. .
Section 2. ADDITIONAL SERVICES
The COUNTY and the PROVIDER shall compensate the other Party for such ADDITIONAL
SERVICES as are requested and authorized in writing for such amounts or on such a basis as may be mutually agreed to in writing by both parties to this Agreement. The basis and/or amount of compensation to be paid the for ADDITIONAL SERVICES requested and authorized in writing by the
Parties shall be as set forth in Article 3.6 of this Agreement.
Page B 2 of B2
Kirton, Kim
From: Sampson, Lindsey Sent: Friday, October 28, 2011 1:32 PM To: Kirton, Kim; Sekulski, Georgia Cc: Meurer, Douglas; Hunt, Michael; Fraser, Andrea; Hawes, Karen; Schwartz, Holly Subject: BS 20110916, Mtg of 11/8/11, Admin Agenda 8.a
<ŝŵ͕ WůĞĂƐĞƌĞƐĐŚĞĚƵůĞƚŚŝƐŝƚĞŵĂƐĂǁĂůŬͲŽŶĨŽƌƚŚĞEŽǀĞŵďĞƌϭ͕ϮϬϭϭŵĞĞƚŝŶŐ͘dŚŝƐŝƐƚŚĞƉƌŽƉŽƐĞĚĂŐƌĞĞŵĞŶƚǁŝƚŚ ^ƚƌĂƚĞŐŝĐDĂƚĞƌŝĂůƐ͕/ŶĐ͘ dŚŝƐŝƚĞŵŝƐƚŝŵĞĐƌŝƚŝĐĂůƌĞůĂƚŝǀĞƚŽƌĞĐĞŝǀŝŶŐƌĞǀĞŶƵĞĂŶĚƌĞĚƵĐŝŶŐĞdžƉĞŶƐĞƐ͘ Lindsey J. Sampson Lee County Solid Waste Division [email protected] Ph 239-533-8000 Fax 239-461-5871
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