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*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 �� C