HomeMy WebLinkAbout2056 Amdmt 1 to DW590191 State Rev Fund loanMarjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, FL 32399
FEDERAL EXPRESS DELIVERY - SIGNATURE REQUIRED
M► ; r
Mr. Bilal Iftikahr
Utilities Director
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Re: DW590191 — Sanford
Treatment Plant Rehabilitation
Dear Mr. Iftikahr:
Ron DeSantis
Governor
Jeanette Nunez
Lt. Governor
Noah Valensteln
Secretary
Enclosed is one original of Amendment 1 to your State Revolving Fund loan agreement. This
amendment provides an extension for completion of planning and design activities. The
amendment is now in effect.
If we may be of further assistance, please contact Amber Douglas at (850)245-2915.
Sincerely,
7
Angela echt, Program Administrator
State Revolving Fund Management
Enclosure
cc: Norton N. Bonaparte, Jr. — City of Sanford
Daniella Tow, E.I. — CPH Engineers, Inc.
STATE REVOLVING FUND
AMENDMENT 1 TO LOAN AGREEMENT DW590191
CITY OF SANFORD
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and the CITY OF SANFORD, FLORIDA,
existing as a local governmental entity (Project Sponsor) under the laws of the State of Florida.
Collectively, the Department and the Project Sponsor shall be referred to as "Parties" or
individually as "Party"
The Department and the Project Sponsor entered into a State Revolving Fund Loan Agreement,
Number DW590191; and
Loan repayment activities need rescheduling to give the Project Sponsor additional time to
complete planning and design activities; and
Certain provisions of the Agreement need revision and several provisions need to be added to the
Agreement.
The Parties hereto agree as follows:
Subsections 2.03(4) and (5) of the Agreement are deleted and replaced as follows:
(4) Record Retention.
The Project Sponsor shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five years from the date of the Final Amendment, and
shall allow the Department, or its designee, Chief Financial Officer, or Auditor General access to
such records upon request. The Project Sponsor shall ensure that audit working papers are made
available to the Department, or its designee, Chief Financial Officer, or Auditor General upon
request for a period of five years from the date of the Final Amendment, unless extended in
writing by the Department.
(5) Monitoring.
In addition to reviews of audits conducted in accordance with Section 215.97, F.S., as
revised monitoring procedures may include, but not be limited to, on-site visits by Department
staff and/or other procedures. By entering into this Agreement, the Project Sponsor agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Department. In the event the Department determines that a limited scope audit of the Project
Sponsor is appropriate, the Project Sponsor agrees to comply with any additional instructions
provided by the Department to the Project Sponsor regarding such audit. The Project Sponsor
understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Inspector General
in any investigation, audit, inspection, review, or hearing. The Project Sponsor will comply with
this duty and ensure that any subcontracts issued under this Agreement will impose this
requirement, in writing, on its subcontractors.
2. Section 8.10 of the Agreement is deleted and replaced as follows:
8.10. SCRUTINIZED COMPANIES.
(1) The Project Sponsor certifies that it and its subcontractors are not on the Scrutinized
Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the Department may
immediately terminate this Agreement at its sole option if the Project Sponsor or its
subcontractors are found to have submitted a false certification; or if the Project Sponsor, or its
subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in
the boycott of Israel during the term of the Agreement.
(2) If this Agreement is for more than one million dollars, the Project Sponsor certifies
that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section
287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the
Project Sponsor, its affiliates, or its subcontractors are found to have submitted a false
certification; or if the Project Sponsor, its affiliates, or its subcontractors are placed on the
Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List, or
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria during the term of the Agreement.
(3) The Project Sponsor agrees to observe the above requirements for applicable
subcontracts entered into for the performance of work under this Agreement.
(4) As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these
contracting prohibitions then they shall become inoperative.
3. Section 8.11 is added to the Agreement as follows:
8.11. SUSPENSION.
The Department may suspend any or all of its obligations to Loan or provide financial
accommodation to the Project Sponsor under this Agreement in the following events, as
determined by the Department:
(1) The Project Sponsor abandons or discontinues the Project before its completion,
(2) The commencement, prosecution, or timely completion of the Project by the Project
Sponsor is rendered improbable or the Department has reasonable grounds to be insecure in
Project Sponsor's ability to perform, or
(3) The implementation of the Project is determined to be illegal, or one or more
officials of the Project Sponsor in responsible charge of, or influence over, the Project is charged
with violating any criminal law in the implementation of the Project or the administration of the
proceeds from this Loan.
The Department shall notify the Project Sponsor of any suspension by the Department of
its obligations under this Agreement, which suspension shall continue until such time as the
event or condition causing such suspension has ceased or been corrected, or the Department has
re -instated the Agreement.
Project Sponsor shall have no more than 30 days following notice of suspension
hereunder to remove or correct the condition causing suspension. Failure to do so shall constitute
a default under this Agreement.
Following suspension of disbursements under this Agreement, the Department may
require reasonable assurance of future performance from Project Sponsor prior to re -instating the
Loan. Such reasonable assurance may include, but not be limited to, a payment mechanism
using two party checks, escrow or obtaining a Performance Bond for the work remaining.
Following suspension, upon failure to cure, correct or provide reasonable assurance of
future performance by Project Sponsor, the Department may exercise any remedy available to it
by this Agreement or otherwise and shall have no obligation to fund any remaining Loan balance
under this Agreement.
4. Unless repayment is further deferred by amendment of the Agreement, Semiannual
Loan Payments as set forth in Section 10.05 shall be received by the Department beginning on
January 15, 2021, and semiannually thereafter on July 15 and January 15 of each year until all
amounts due under the Agreement have been fully paid.
5. The items scheduled under Section 10.07 of the Agreement are rescheduled as
follows:
(2) Completion of all Planning Activities for all Project facilities proposed for
loan funding no later than January 15, 2020.
(3) Completion of all Design Activities for all Project facilities proposed for loan
funding no later than January 15, 2020.
(4) Establish the Loan Debt Service Account and begin Monthly Loan Deposits
no later than July 15, 2020.
(5) The initial annual certification required under Subsection 2.01(10) of this
Agreement shall be due October 15, 2020. Thereafter the annual certification shall be
submitted no later than September 30 of each year until the final Semiannual Loan
Payment is made.
(6) The first Semiannual Loan Payment in the amount of $31,636 shall be due
January 15, 2021.
6. All other terms and provisions of the Loan Agreement shall remain in effect.
This Amendment I to Loan Agreement DW590191 may be executed in two or more
counterparts, any of which shall be regarded as an original and all of which constitute but one
and the same instrument.
IN WITNESS WHEREOF, the Department has caused this amendment to the Loan
Agreement to be executed on its behalf by the Secretary or Designee and the Project Sponsor has
caused this amendment to be executed on its behalf by its Authorized Representative and by its
affixed seal. The effective date of this amendment shall be as set forth below by the Department.
Attest:
'&ab - . , eMe, RWIVt
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
-3 / aq (I
Secretary or Designee Date
5
�L,,�. � Flo. •
TO: City Clerk
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑ Ordinance
❑ Resolution
❑
Mayor's signature
❑
Recording
❑
Rendering
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Safe keeping (Vault)
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Once completed, please:
/1
Return original
Return copy
Special Instructions: Per Bill Marcous please see attached for safe keeping.
Please advise if you have any questions regarding the above.
Thank you!
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From _-----,-T Date'