HomeMy WebLinkAbout2566 State Revolving Fund - Amendment 4 to Loan Agreement WW 590150J 6-6k
STATE REVOLVING FUND
AMENDMENT 4 TO LOAN AGREEMENT WW590150
CITY OF SANFORD
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and the CITY OF SANFORD, FLORIDA,
(the "Local Government") existing as a local governmental entity under the laws of the State of
Florida. Collectively, the Department and the Local Government shall be referred to as "Parties"
or individually as "Party."
WITNESSETH:
WHEREAS, the Florida Water Pollution Control Financing Corporation (Corporation) and the
Local Government entered into a Clean Water State Revolving Fund Loan Agreement, Number
WW590150, as amended, authorizing a Loan amount of $10,197,123, excluding Capitalized
Interest; and
WHEREAS, the oversight and management of this Loan is being assumed by the Department; and
WHEREAS, the loan to the Local Government is under same terms and conditions of the
transferred loan unless amended herein; and
WHEREAS, the Project completion date needs rescheduling to give the Local Government
additional time to complete disbursements; and
WHEREAS, certain provisions of the Agreement require revision and several provisions need to
be added to the Agreement.
NOW, THEREFORE, the Parties hereto agree as follows:
1. Oversight and management of this Loan is transferred to the Department. All
references in the Agreement to Corporation or Trustee are deleted and replaced with "Department"
and all references to "Local Borrower" shall be replaced with "Local Government."
2. Subsections 1.01(5), (6), (8) and (23) of the Agreement are deleted.
3. Subsection 1.01(10) is deleted and replaced as follows:
"Grant Allocation Assessment" shall mean an assessment, expressed as a percent per
annum, accruing on the unpaid balance of the Loan. It is computed similarly to the way interest
charged on the Loan is computed and is included in the Semiannual Loan Payment. The
Department will use Grant Allocation Assessment moneys for making grants to financially
disadvantaged small communities pursuant to Section 403.1835 of the Florida Statutes.
4. Subsection 2.01(15) of the Agreement is deleted.
5. Section 2.02. of the Agreement is deleted.
6. Section 8.04 of the Agreement is deleted and replaced as follows:
8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT.
The Department may assign any part of its rights under this Agreement after notification
to the Local Government. The Local Government shall not assign rights created by this Agreement
without the written consent of the Department.
7. Section 8.13 is added to the Agreement as follows:
8.13. CIVIL RIGHTS.
The Local Government 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.
Section 8.14 is added to the Agreement as follows:
8.14. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT.
The Local Government 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.
9. Subsection 10.07(2) of the Agreement is rescheduled as follows:
(2) Completion of Project construction is scheduled for December 15, 2024.
10. All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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ARTICLE XI - EXECUTION OF AGREEMENT
This Amendment 4 to Loan Agreement WW590150 may be executed in three 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 Agreement to be executed on
its behalf by the Secretary or Designee and the Local Government has caused this Agreement to
be executed on its behalf by its Authorized Representative and by its affixed seal. The effective
date of this Agreement shall be as set forth below by the Department.
for
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
'Secretary or Designee Date
for
�= CITY
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`Ij%:� `� •mss ��,
Attest as to form •pd correctness:
City Attorney
APPROVED AND ACCEPTED BY THE FLORIDA WATER POLLUTION CONTROL
FINANCING CORPORATION
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�hief Pau tiv
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