1807 SRF SW 590140 Amdmt 1 1$77-
FINANCE DEPAKTMENTTRANSMITTAL MEMORANDUM
T : City Clerk
FROM: Cynthia Lindsay, Finance Director
AT : January 17, 2017
City Attorney
:: SW590140
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 ❑
❑ Performance Bond
❑ Resolution
® State Revolving Fund Loan Agreement; SW590140 Amendment#1
Once completed,please:
❑ Return original
❑ Return copy
El
Special Instructions:
Please advise if you have any questions regarding the above.
Thank you!
AMENDMENT 1 TO LOAN AGREEMENT SW590140
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 agency under the laws of the State of
Florida.
WITNESSETH:
WHEREAS, the Department and the Local Government entered into a Clean Water State
Revolving Fund Financial Assistance Agreement,Number SW590140, authorizing a funding
amount of$2,538,190 excluding Capitalized Interest; and
WHEREAS,the Local Government has requested advance funding.
NOW, THEREFORE, the parties hereto agree as follows:
1. Section 4.08 of the Agreement is deleted and replaced as follows:
4.08. LOAN DISBURSEMENTS
Under the provisions of 216.181, Florida Statutes, this Agreement allows for funds to be
advanced to the Local Government for allowable costs. Disbursements shall be made directly to
the Local Government 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.
Requests by the Local Government for disbursements of the preconstruction funds shall
be made using the Department's disbursement request form. Up to twenty percent of the
allowance shall be disbursed after a Loan Agreement is signed. Up to fifty percent of the
allowance shall be disbursed after the planning documentation has been completed and accepted.
The remainder of the allowance shall be disbursed after all procurement contracts are executed
and shall be adjusted to reflect as-bid costs. The Department may disburse the entire estimated
allowance amount after acceptance of the plans and specifications or completion of the request
for proposals, if the Local Government agrees to an allowance adjustment once all contracts
have been bid. Disbursements for Construction Related Costs shall occur only as a result of an
amendment to this Agreement. The following allowance amounts will be disbursed at the
specified milestone events unless the allowances are reduced pursuant to Section 10.06:
Milestone Event Amount
Loan Agreement executed $ 177,638
Department completion of environmental review 444,095
(requires completion of facilities planning)
Department acceptance of plans and specifications 266,457
Total $ 888,190
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2. Section 4.09 is added to the Agreement as follows:
4.09. ADVANCE PAYMENT.
In accordance with Section 216.181(16)(b), Florida Statutes,the Department, upon
written request from the Local Government,the Advance Payment Justification Form and
written approval from the State's Chief Financial Officer, if applicable, may provide an advance
to the Local Government. The Local Government must temporarily invest the advanced funds,
and return any interest income to the Department, within thirty (30) days of each calendar
quarter, or apply said interest income against the Department's obligation to pay, if applicable,
under this Agreement. Interest earned must be returned to the Department within the timeframe
identified above or invoices must be received within the same timeframe that shows the offset of
the interest earned.
Unused funds, and interest accrued on any unused portion of advanced funds that have
not been remitted to the Department, shall be returned to the Department within sixty (60) days
of Agreement completion.
The parties hereto acknowledge that the State's Chief Financial Officer may identify
additional requirements, which must be met in order for advance payment to be authorized. If
the State's Chief Financial Officer imposes additional requirements, the Local Government shall
be notified, in writing, by the Department regarding the additional requirements. Prior to
releasing any advanced funds, the Local Government shall be required to provide a written
acknowledgement to the Department of the Local Government's acceptance of the terms
imposed by the State's Chief Financial Officer for release of the funds.
If advance payment is authorized, the Local Government shall be responsible for
submitting the information requested in the Interest Earned Memorandum to the Department
quarterly.
3. Section 8.10 is added to the Agreement as follows:
8.10. PUBLIC RECORDS ACCESS.
(1) The Local Government shall comply with Florida Public Records law under Chapter
119, F.S. Records made or received in conjunction with this Agreement are public records under
Florida law, as defined in Section 119.011(12), F.S. The Local Government shall keep and
maintain public records required by the Department to perform the services under this
Agreement.
(2) This Agreement may be unilaterally canceled by the Department for refusal by the
Local Government to either provide to the Department upon request, or to allow inspection and
copying of all public records made or received by the Local Government in conjunction with this
Agreement and subject to disclosure under Chapter 119, F.S., and Section 24(a), Article I,
Florida Constitution.
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(3)IF THE LOCAL GOVERNMENT HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE LOCAL GOVERNMENT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT
(850) 245-21189 by email at ombudsmannden.state.fl.us, or at the mailing address
below:
Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd, MS 49
Tallahassee, FL 32399
4. Section 8.11 is added to the Agreement as follows:
8.11. TERMINATION FALSE CERTIFICATION, SCRUTINIZED COMPANIES,
BOYCOTTING.
The Local Government certifies that it and any of its affiliates are not scrutinized
companies as identified in Section 287.135, F.S. In addition, the Local Government agrees to
observe the requirements of Section 287.135, F.S., for applicable sub-agreements entered into for
the performance of work under this Agreement. Pursuant to Section 287.135, F.S.,the
Department may immediately terminate this Agreement for cause if the Local Government, its
affiliates, or its subcontractors are found to have submitted a false certification; or if the Local
Government, its affiliates, or its subcontractors are placed on any applicable scrutinized
companies list or engaged in prohibited contracting activity during the term of the agreement.
As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting
prohibitions then they shall become inoperative.
5. All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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This Amendment 1 to Loan Agreement SW590140 may be executed in two 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
CITY OF SANFO
Mayor
Attest: Approved as to form and legal sufficiency:
a
City Clerk City Attorney
'SEAL.'.
µ
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Secretary or Designee Date
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