HomeMy WebLinkAbout2554 FDEP Amendment 2 to Loan Agreement DW590192 - State Revolving FundSTATE REVOLVING FUND
AMENDMENT 2 TO LOAN AGREEMENT DW590192
CITY OF SANFORD
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and the CITY OF SANFORD, FLORIDA,
(Project Sponsor) existing as a local governmental entity 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 DW590192, as amended; and
Loan repayment activities need rescheduling to give the Project Sponsor additional time to
complete construction; and
Certain provisions of the Agreement need revision and several provisions need to be added to the
Agreement.
The Parties hereto agree as follows:
1. Section 8.15 is added to the Agreement as follows:
8.15. CIVIL RIGHTS.
The Project Sponsor shall comply with all Title VI requirements of the Civil Rights Act
of 1964, Section 504 of the Rehabilitation Act of 1973, and the Equal Employment Opportunity
requirements (Executive Order 11246, as amended) which prohibit activities that are
intentionally discriminatory and/or have a discriminatory effect based on race, color, national
origin (including limited English proficiency), age, disability, or sex.
2. Section 8.16 is added to the Agreement as follows:
8.16. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT.
The Project Sponsor and any contractors/subcontractors are prohibited from obligating or
expending any Loan or Principal Forgiveness funds to procure or obtain; extend or renew a
contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of
any system. See Section 889 of Public Law 115-232 (National Defense Authorization Act
2019). Also, see 2 CFR 200.216 and 200.471.
3. 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
September 15, 2026, and semiannually thereafter on March 15 and September 15 of each year
until all amounts due under the Agreement have been fully paid.
4. The items scheduled under Section 10.07 of the Agreement are rescheduled as
follows:
(2) Completion of Project construction is scheduled for March 15, 2026.
(3) Establish the Loan Debt Service Account and begin Monthly Loan Deposits
no later than March 15, 2026.
(4) The first Semiannual Loan Payment in the amount of $477,231 shall be due
September 15, 2026.
5. All other terms and provisions of the Loan Agreement shall remain in effect.
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2
This Amendment 2 to Loan Agreement DW590192 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.
for
CITY OF SANFORD
Attest: Approved as to form and legal sufficiency:
City Clerk �✓jj City At/t ey✓,/�-
SEAL -)"Id)r A1,(AW r
C s,
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Secretary or Designee Date