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1270 FEPA & SANFORDp 76" PUBLIC WORKS DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk v RE: Request for Services U 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 ❑ City Comm Item ■ Once completed, please: ❑ Return original ❑ Return copy EJ Special Instructions: ❑ Mayor's signature ❑ Recording ❑ Rendering ® Safe keeping (Vault) ❑ City Attorney's Initials _ ❑ Finance Director's Initials ❑ Purchase Manager Initials attached are the original signed stormwater state revolving fund loan agreement — completions of cloud branch project Please advise if you have any questions regarding the above. Thank you! From Date Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 CERTIFIED MAIL - RETURN RECEIPT REQUESTED FEB 16 2012 Mr. Bilal Iftikhar Acting Public Works Director City of Sanford Post Office Box 1788 Sanford, Florida 32772 -1788 Re: SW586260 and SW586261 - Sanford Stormwater Management (Cloud Branch - Phase 2) Dear Mr. Iftikhar: Enclosed is one original of Amendment 2 to the City of Sanford's State Revolving Fund loan agreement SW586260 and one original of Amendment 1 to the City of Sanford's State Revolving Fund loan agreement SW586261. The amendments are now in effect. No further amendments are anticipated. Please note that these amendments require a separate project - specific audit to be submitted to the Department within one year of each amendment's effective date. The audit should be sent to Cindy Bonds at 2600 Blair Stone Road, MS 3505, Tallahassee, Florida 32399 -2400. 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 Director Division of Water Resource Management PC /dw Enclosure cc: Honorable Jeff Triplett - City of Sanford Rick Scott Governor Jennifer Carroll I.A. Governor Herschel T. Vinyard Jr. Secretary 02 -22 -12 10:57 RCVD,', if ,f L STATE REVOLVING FUND AMENDMENT 2 TO LOAN AGREEMENT SW586260 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 SW586260, as amended, authorizing a Loan amount of $2,590,587, excluding Capitalized Interest; and WHEREAS, the 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 two Semiannual Loan Payments received by the Department from the Local Government. NOW, THEREFORE, the parties hereto agree as follows: 1. The total disbursed amount for this loan is $2,590,587. 2. The total amount to repay by the Local Government is $2,612,308.98, which consists of $2,590,587.00 disbursed to the Local Government and $21,721.98 of accrued Capitalized Interest. 3. The total amount remaining to repay which amount accounts for the Department's receipt of two semiannual Loan Payments is $2,509,037.50, at a Financing Rate of 2.80 percent per annum (the interest rate is 2.80 percent per annum, and the Grant Allocation Assessment rate is 0 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 $85,591.01. Such payments shall be received by the Department on April 15, 2012 and semiannually thereafter on October 15 and April 15 of each year until all amounts due hereunder have been fully paid. 5. Subsections 2.03(1), (3)(a)(i), and (5) are hereby deleted and replaced as follows: The Local Government agrees to the following audit and monitoring requirements. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK (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 -0 EPA 66.458 Capitalization $2,590,587 140131 Grants for State Revolving Funds (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: (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 (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 determining 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 6. Section 8.02 of the Agreement is hereby 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 Construction and Demolition Technical Services During Construction SUBTOTAL (Total Disbursed) Capitalized Interest TOTAL (Loan Principal Amount) DISBURSED ($) 2,348,221.00 242,366.00 2,590,587.00 21,721.98 2,612,308.98 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 • _r This Amendment 2 to Loan Agreement SW586260 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 Division 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: SEAL for �i r STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Deputy Director Division of Water Resource Management FEB 10 2012 Date 4