*1280 FDEP SRF Amdmt #1 WW590100I
Oift-1877—
UTILITY DEPARTMENT
TRANSMITTAL MEMORANDUM
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):
❑ Development Order
❑ Final Plat (original mylars)
❑ Letter of Credit
❑ Maintenance Bond
❑ Ordinance
❑ Performance Bond
❑ Resolution
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
❑ Mayor's signature
❑ Recording
❑ Rendering
❑ e keeping (Vault)
Please advise if you have any questions regarding the above.
Thank you!
From
Date
TADept_forms \City Clerk Transmittal Memo - 2010.doc
Florida Department of
Environmental Protection
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
CERTIFIED MAIL —RETURN RECEIPT REQUESTED
OCT 03 2011
Mr. Tom George, Interim City Manager
City of Sanford
Post Office Box 1788
Sanford, Florida 32772 -1788
Re: WW590100 & WW590101- Sanford
Major Sewer Rehab/ Replacement
(1/1 Correction)
Dear Mr. George:
Rick Scott
Governor
t
Jennifer Carroll`
Lt. Governm-
�tr�v
Herschel T. Vinyard ►r
Secretary r.
Enclosed is one original of Amendment 1 to each of your loan agreements under the
State Revolving Fund program. The amendments are now in effect. No further
amendments are anticipated. Please note a separate project - specific audit must be
submitted to the Department within one year of the amendments' effective date. The
audit should be sent to Cindy Bonds at the above address, Mail Station 3505.
We congratulate you and your staff on the completion of your project and are pleased
that we could work with you.
Sincerely,
Phil Coram, P.E., Deputy Division Director
Division of Water Resource Management
PC/ lb
Enclosure
cc: Migdalia Hernandez - City of Sanford
Honorable Linda Kuhn - City of Sanford
Caryn Simkins - City of Sanford
I V1UV. dcp. state. fl. us
STATE REVOLVING FUND
AMENDMENT 1 TO LOAN AGREEMENT WW590100
CITY OF SANFORD
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and the CITY OF SANFORD, FLORIDA,
(Local Government) existing as a local government agency under the laws of the State of
Florida.
WITNESSETH:
WHEREAS, the Department and the Local Government entered into a State Revolving Fund
Loan Agreement, Number WW590100, authorizing a Loan amount of $2,600,000, excluding
Capitalized Interest; and
WHEREAS, the Loan Amount and Project costs need adjustment to reflect actual costs; and
WHEREAS, the Semiannual Loan Payment amount needs revision to reflect adjustment of
Project costs and the one Semiannual Loan Payment received by the Department from the Local
Government.
NOW, THEREFORE, the parties hereto agree as follows:
1. The Loan amount is hereby reduced by $400, and the adjusted total disbursed
amount for this loan is $2,599,600.
2. The total amount to repay by the Local Government is $2,622,384.75, which consists
of $2,599,600.00 disbursed to the Local Government and $22,784.75 of accrued Capitalized
Interest.
3. The total amount remaining to repay which amount accounts for the Department's
receipt of one semiannual Loan Payments is $2,566,898.31, at a Financing Rate of 2.65 percent
per annum (the interest rate is 2.65 percent per annum).
4. The Semiannual Loan Payment amount, adjusted to account for repayments
received to date, is hereby revised and shall be in the amount of $84,707.34. Such payments
shall be received by the Department on December 15, 2011 and semiannually thereafter on
June 15 and December 15 of each year until all amounts due hereunder have been fully paid.
5. Section 2.03 is hereby deleted and replaced as follows:
The Local Government agrees to the following audit and monitoring requirements.
(1) The financial assistance authorized pursuant to this Loan Agreement consists of the
following:
Federal Resources, Including State Match, Awarded to the Recipient Pursuant to this
Agreement Consist of the Following:
Federal
State
Program
Federal
CFDA
Funding
Appropriation
Number
Agency
Number
CFDA Title
Amount
Categor
95423009 -90
EPA
66.458
Capitalization Grants
$2,599,600
140132
for State Revolving
Funds
(2) Audits.
(a) In the event that the Local Government expends $500,000 or more in Federal awards
in its fiscal year, the Local Government must have a single or program - specific audit conducted
in accordance with the provisions of OMB Circular A -133, as revised. Subsection 2.03(1) of this
Agreement indicates that Federal funds are awarded through the Department by this
Agreement. In determining the Federal awards expended in its fiscal year, the Local
Government shall consider all sources of Federal awards, including Federal resources received
from the Department of Environmental Protection. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-
133, as revised. An audit of the Local Government conducted by the Auditor General in
accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements
of this part.
(b) In connection with the audit requirements addressed in the preceding paragraph (a),
the Local Government shall fulfill the requirements relative to auditee responsibilities as
provided in Subpart C of OMB Circular A -133, as revised.
(c) If the Local Government expends less than $500,000 in Federal awards in its fiscal
year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised,
is not required. The Local Government shall inform the Department of findings and
recommendations pertaining to the State Revolving Fund in audits conducted by the Local
Government u1 which the $500,000 threshold has not been met. In the event that the Local
Government expends less than $500,000 in Federal awards in its fiscal year and elects to have
an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the
cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be
paid from Local Government resources obtained from other than Federal entities).
(d) The Local Government may access information regarding the Catalog of Federal
Domestic Assistance (CFDA) via the internet at www.cfda.gov /index ?cck= 1 &au = &ck =.
(3) Report Submission.
(a) Copies of reporting packages for audits conducted in accordance with OMB Circular
A -133, as revised, and required by Subsection 2.03(2) of this Agreement shall be submitted,
when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the Local
Government directly to each of the following:
2
(i) The Department at the following address:
Joe Aita, Audit Director
Office of the Inspector General
Florida Department of Environmental Protection
3900 Commonwealth Boulevard, MS 41
Tallahassee, Florida 32399 -3123
(ii) The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised
(the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133,
as revised, should be submitted to the Federal Audit Clearinghouse), at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or
after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet
Data Entry System which can be found at http:/ /harvester.census.gov /fac/
(iii) Other Federal agencies and pass - through entities in accordance with Sections
.320(e) and (f), OMB Circular A -133, as revised.
(b) Pursuant to Section .320(f), OMB Circular A -133, as revised, the Local Government
shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133,
as revised, and any management letters issued by the auditor, to the Department at the address
listed under Subsection 2.03(3)(a) of this Agreement.
(c) Any reports, management letters, or other information required to be submitted to
the Department pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for - profit organizations), Rules of the Auditor General, as applicable.
(d) Local Governments, when submitting financial reporting packages to the
Department for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor
General, should indicate the date that the reporting package was delivered to the Local
Government in correspondence accompanying the reporting package.
(4) Project - Specific Audit.
Within 12 months after the amendment establishing final Project costs, the Local
Government shall submit to the Department a Project - specific audit report for the Loan related
revenues and expenditures. The audit shall address Loan disbursements received, Project
expenditures, and compliance with Loan Agreement covenants. The Local Government shall
cause the auditor to notify the Department immediately if anything comes to the auditor's
attention during the examination of records that would constitute a default under the Loan
Agreement. The audit findings shall set aside or question any costs that are unallowable under
Chapter 62 -503, Florida Administrative Code. A final determination of whether such costs are
allowed shall be made by the Department.
(5) Record Retention.
The Local Government shall retain sufficient records demonstrating its compliance with
the terms of this Agreement for a period of five years from the date the audit report is issued,
and shall allow the Department, or its designee, Chief Financial Officer, or Auditor General
access to such records upon request. The Local Government 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 the audit report is issued,
unless extended in writing by the Department.
The Local Government is hereby advised that the Federal and /or Florida Single Audit
Act Requirements may further apply to lower tier transactions that may be a result of this
Agreement. For federal financial assistance, the Local Government shall utilize the guidance
provided under OMB Circular A -133, Subpart B, Section _.210 for deter whether the
relationship represents that of a subrecipient or vendor.
The Local Government should confer with its chief financial officer, audit director or
contact the Department for assistance with questions pertaining to the applicability of these
requirements.
In addition, the Local Government agrees to complete and submit the Certification of
Applicability to Single Audit Act Reporting, Attachment A, attached hereto and made a part
hereof, within four (4) months following the end of the Local Government's fiscal year.
Attachment A should be submitted to the Department's Grants Development and Review
Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399 -3000.
The Grants Development and Review Manager is available to answer any questions at (850)
245 -2361.
(6) Monitoring.
In addition to reviews of audits conducted in accordance with OMB Circular A -133, as
revised (see audit requirements above), monitoring procedures may include, but not be limited
to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as
revised, and /or other procedures. By entering into this Agreement, the Local Government
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 Local Government is appropriate, the Local Government agrees to comply with any
additional instructions provided by the Department to the Local Government regarding such
audit. The Local Government further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor
General.
6. Section 8.02 of the Agreement is deleted and replaced as follows:
Books, records, reports, engineering documents, contract documents, and papers shall
be available to the authorized representatives of the Department and the U.S. Environmental
Protection Agency's Inspector General for inspection at any reasonable time after the Local
Government has received a disbursement and until five years after the date that the Project -
specific audit report, required under Subsection 2.03(4), is issued.
7. Project Costs are revised as follows:
The Local Government and the Department acknowledge that changes in Project
costs may occur as a result of the Local Government's Project audit or a Department audit
pursuant to Chapter 62 -503 of the Florida Administrative Code. Unless this Agreement is
amended subsequent to an audit, the following Project disbursements shall be final.
CATEGORY DISBURSED ($)
Construction 2,299,602.00
Technical Services During Construction 299,998.00
SUBTOTAL (Total Disbursed) 2,599,600.00
Capitalized Interest
22,784.75
TOTAL (Loan Principal Amount) 2,622,384.75
8. The Project - specific audit required under Subsection 2.03(4) of the Agreement shall
be submitted within twelve months after the effective date of this amendment.
9. All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
This Amendment 1 to Loan Agreement WW590100 shall 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 amendment to the Loan Agreement
to be executed on its behalf by the Deputy Director, and the Local Government 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 Deputy Director.
Attest Approved as to Form and Correctness.
SEAL
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SEP 2 2 011
Deputy Director Date
Division of Water Resource Management
Attachment included as part of this Agreement:
Attachment A - Certification of Apphcabih!y to Single Audit Act Reporting
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