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1368 FDEP - SRF DW 590120K7 r ONSMT YOUR DEPT. NAME HERE) TRAmsmiTTAL MFMORANDum L r--4 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 ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ❑ Safe keeping (Vault) ❑ Ordinance A Si � X-00 c�ncil� ❑ Performance Bond ❑ Resolution soe � amf s- °�ly Once completed, please: ❑ Return original ❑ Return copy Special Instructions: Please advise if you have any questions regarding the above. Thank you! 9 4 4 - From N /4-- 1L_2- 9- -t Date TADept_forms \City Clerk Transmittal Memo - 2009.doc Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 FEDEX DELIVERY - SIGNATURE REQUIRED Ms. Migdalia Hernandez City of Sanford 300 North Park Avenue Sanford, Florida 32771 -1244 Re: DW590120 - Sanford Distribution Dear Ms. Hernandez: Rick Scott Governor Jennifer Carroll Lt. Governor Herschel T. Vinyard Jr. Secretary We are pleased to provide additional financing under the State Revolving Fund program for construction of your distribution project. Enclosed is one original of Amendment 1 to your loan. The amendment is now in effect. We congratulate you and your staff on your efforts and are pleased that we can continue working with you on this project. If we may be of further assistance, please contact Graham Culbertson at 850/245 -8358. Sincerely, Phil Coram, P.E., Deputy Director Division of Water Resource Management PC/ gc Enclosure cc: Norton N. Bonaparte, Jr. - City of Sanford www. dep. state. fl. us DEC 2 2 2011 DRINKING WATER STATE REVOLVING FUND AMENDMENT 1 TO LOAN AGREEMENT DW590120 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 government agency under the laws of the State of Florida. WITNESSETH: WHEREAS, the Department and the Project Sponsor entered into a Drinking Water State Revolving Fund Loan Agreement, Number DW590120, authorizing a Funding amount of $5,000,000, excluding Capitalized Interest, which consists of Principal Forgiveness in the amount of $2,000,000; and WHEREAS, the Project Sponsor is entitled to additional financing of $10,000,000, excluding Capitalized Interest; and WHEREAS, the E- Verify provision is no longer applicable; and WHEREAS, an interest rate must be established for the additional financing amount awarded in this amendment; and WHEREAS, a Loan Service Fee must be assessed for the additional financing; and WHEREAS, the Semiannual Loan Payment amount needs revision to reflect adjustment in the Loan amount; and WHEREAS, the Project costs need adjustment to reflect revised estimates. NOW, THEREFORE, the parties hereto agree as follows: 1. Subsections 2.03(1) and 3(a)(i) of the Agreement are deleted and replaced as follows: The Project Sponsor 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 Followin Federal State Program Federal CFDA Funding Appropriation Number Agency Number CFDA Title Amount Catego FS984522 -100 EPA 66.468 Capitalization Grants $15,000,000 140129 for Drinking Water State Revolving Fund (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 Project Sponsor directly to each of the following: (i) The Department at the following address: Valerie Peacock, Audit Director Office of the Inspector General Florida Department of Environmental Protection 3900 Commonwealth Boulevard, MS 41 Tallahassee, Florida 32399 -3123 2. Section 4.08, first paragraph, is deleted and replaced as follows: Disbursements shall be made only by the State Chief Financial Officer and only when the requests for such disbursements are accompanied by a Department certification that such withdrawals are proper expenditures. Disbursements shall be made directly to the Project Sponsor for engineering and administrative allowances, and reimbursement of the incurred construction costs and related services. The Principal Forgiveness on each disbursement under the Original Agreement shall be 40 percent of the requested amount after subtracting costs that are ineligible for Principal Forgiveness. The Principal Forgiveness on each disbursement under Amendment 1 shall be 10 percent after subtracting ineligible costs. Disbursements for materials, labor, or services shall be made upon receipt of the following: 3. Subsections 8.08(1) and (2) of the Agreement are deleted and replaced as follows: (1) The Project Sponsor shall periodically interview a sufficient number of employees entitled to Davis -Bacon prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(5), all interviews must be conducted in confidence. The Project Sponsor must use Standard Form 1445 or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (2) The Project Sponsor shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with Davis -Bacon posed by contractors or subcontractors and the duration of the contract or subcontract. At a minim the Project Sponsor must conduct interviews with a representative group of covered employees within two weeks of each contractor or subcontractor's submission of its initial weekly payroll data and two weeks prior to the estimated completion date for the contract or subcontract. Project Sponsors must conduct more frequent interviews if the initial interviews or other information indicates that there is a risk that the contractor or subcontractor is not complying with Davis - Bacon. Project Sponsors shall immediately conduct necessary interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence. As an alternative, a minim of 25% of the work force shall be interviewed over the life of the Project and all classifications represented on the payroll must be included. 4. Section 8.09 EMPLOYMENT ELIGIBILITY VERIFICATION is deleted in its entirety. 5. Additional financing in the amount of $10,000,000, excluding Capitalized Interest, is hereby awarded to the Project Sponsor. Of this amount, $1,000,000 is Principal Forgiveness. 6. An interest rate of 2.50 percent per annum is established for the additional financing amount awarded in this amendment, however, if this amendment is not executed by the Project Sponsor and returned to the Department before January 1, 2012, the interest rate may be adjusted. 7. The total amount awarded is $15,000,000. Of that, the estimated amount of Principal Forgiveness is $3,000,000. The estimated principal amount of the Loan to be repaid is $12,220,500, which consists of $12,000,000 to be disbursed to the Project Sponsor and $220,500 of Capitalized Interest. This total consists of the following: (a) Original Agreement of $3,081,200, including $3,000,000 authorized for disbursement to the Project Sponsor and $81,200 of Capitalized Interest, at a interest rate of 2.66 percent per annum; and (b) Amendment 1 of $9,139,300, including $9,000,000 authorized for disbursement to the Project Sponsor and $139,300 of Capitalized Interest, at a interest rate of 2.50 percent per annum. 8. An additional Loan Service Fee in the amount of $180,000, for a total of $240,000, is hereby assessed. The fee represents two percent of the Loan amount excluding Capitalized Interest; that is, two percent of $12,000,000. Estimated Loan Service Fee capitalized interest for the fee amount assessed to date is $8,890. 9. The Semiannual Loan Payment amount is hereby revised and shall be in the amount of $399,542. Such payments shall be received by the Department on August 15, 2013 and semiannually thereafter on February 15 and August 15 of each year until all amounts due hereunder have been fully paid. Until this Agreement is further amended, each Semiannual Loan Payment will be proportionally applied, after deduction of the Loan Service Fee is complete, toward repayment of the amounts owed on each incremental Loan amount at the date such payment is due. The Semiannual Loan Payment amount is based on the total amount owed of $12,469,390, which consists of the Loan principal plus the Loan Service Fee with its capitalized interest (if any). 10. The Project Sponsor and the Department acknowledge that the actual cost of the Project has not been determined. Project cost adjustments may be made as a result of construction bidding or mutually agreed upon Project changes. Capitalized Interest will be recalculated based on actual dates and amounts of Loan disbursements. If the Project Sponsor receives other governmental financial assistance for this Project, the costs funded by such other governmental assistance will not be financed by this Loan. The Department shall establish the final Project costs after its final inspection of the Project records. Changes in Project costs may also occur as a result of the Project Sponsor's Project audit or a Department audit. Funds disbursed in accordance with Section 4.08 of this Agreement shall be disbursed in the order in which they have been obligated without respect to budgetary line item estimates. All disbursements shall be made from the original Loan amount until that amount has been disbursed; the interest rate established for the original Loan amount shall apply to such disbursements for the purpose of deter the associated Capitalized Interest and repayment amount. The interest rate established for any additional increment of Loan financing shall be used to determine the Capitalized Interest and repayment amount associated with the funds disbursed from that increment. The estimated Project costs are revised as follows: CATEGORY AUTHORIZED LOAN COST($) AMOUNT($) TO DATE Administrative Allowance Engineering Allowance Construction and Demolition Contingencies Technical Services After Bid Opening SUBTOTAL(Disbursable Amount) 112,062 Line items 1,120,612 may vary 14,787,499 based on 889,375 actual 500,000 disbursements 17,409,548 15,000,000 Less Principal Forgiveness (3,000,000) (3,000,000) SUBTOTAL (Loan Amount) 14,409,548 12,000,000 Capitalized Interest 220 ,500 220,500 TOTAL (Loan Principal Amount) 14,630,048 12,220,500 11. Section 10.08 of the Agreement is deleted and replaced as follows: (1) Funding for this project also provided by DW590110. (2) Project costs, as provided for in this Loan, shall be reviewed, and may be adjusted, once the final Project costs have been established. (3) Prior to any funds being released, the Project Sponsor shall submit a certified copy of the Resolution which authorizes the increased Loan amount. 12. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4 This Amendment 1 to Loan Agreement DW590120 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 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 Deputy Director. for CITY OF Attest '.� " mwwa _ 91_ S City Clerk SEAL I attest to the opinion expressed in Section 2.02 of the Agreement, entitled Legal Authorization. I M 4 for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ' z DEC 16 2011 Deputy Director Date Division of Water Resource Management