1731 SRF SW590141 1
TRANSMITTAL MEMORANDUM
T : City Clerk
FRom: Cynthia Lindsay,Finance Director
DATE: April 25, 2017
: BilalIftikhar
: SW590141
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
Z Amendment 1; providing the City additional financing and time to complete construction
Once completed,please:
❑ Return original
❑ Return copy
Special Instructions:
Please advise if you have any questions regarding the above.
Thank you!
,aa DePart,,,e Florida Department of Rick
SGovecott
Environmental Protection
Carlos Lopez-Cantera
m r
Marjory Stoneman Douglas Building Lt. Governor
3900 Commonwealth Boulevard
we`o Tallahassee, Florida 32399-3000 Ryan E. Matthews
ry0'ehtal Pic Interim Secretary
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
APR 2 0 2011
Ms. Cynthia Lindsay
Director of Finance
City of Sanford
Post Office Box 1788
Sanford, Florida 32772
Re: SW590141 - Sanford
Stormwater Management Facilities
Dear Ms. Lindsay:
Enclosed is one original of Amendment 1 to the City of Sanford's State Revolving Fund loan
agreement. The amendment is now in effect. This amendment provides the City additional
financing and time to complete construction.
If you have any questions about the amendment,please call Megan Strohl at 850/245-2899.
Sincerely,
Ange"tt, Program Administrator
State Revolving Fund Management
AK/ms
Enclosure
cc: Jeff Davis - City of Sanford
Don Berryhill - The Berryhill Group, LLC
Honorable Jeff Triplett- City of Sanford
www.dep.state.fl,us
STATE REVOLVING FUND
AMENDMENT 1 TO LOAN AGREEMENT SW590141
CITY OF SANFORD
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and the CITY OF SANFORD, FLORIDA,
existing as a local government agency(Local Government)under the laws of the State of
Florida.
WHEREAS, the Department and the Local Government entered into a State Revolving Fund
Loan Agreement,Number SW590141, authorizing a Loan amount of$4,554,300, excluding
Capitalized Interest; and
WHEREAS, the Local Government is entitled to additional financing of$1,293,453 excluding
Capitalized Interest; and
WHEREAS, a Financing Rate must be established for the additional financing amount awarded
in this amendment; and
WHEREAS, a Loan Service Fee must be estimated for the additional financing; and
WHEREAS, the Semiannual Loan Payment amount needs revision to reflect an adjustment in the
Loan amount; and
WHEREAS, Loan repayment activities need rescheduling to give the Local Government
additional time to complete construction; and
WHEREAS, certain provisions of the Agreement need revision and several provisions need to be
added to the Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Section 2.03 of the Agreement is deleted and replaced as follows:
The Local Government agrees to the following audit and monitoring requirements.
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(1) The financial assistance authorized pursuant to this Loan Agreement consists of the
following:
State Resources Awarded to the Local Government Pursuant to this Agreement Consist of the
Following Resources Subject to Section 215.97, F.S.:
State CSFA Title or State
Program CSFA Fund Source Funding Appropriation
Number FundinE Source Number Descri tion Amount Category
Wastewater Wastewater
Original Treatment and Treatment
Agreement Stormwater 37'077 Facility $5847,753 140131
Management TF Construction
(2) Audits.
(a) In the event that the Local Government expends a total amount of state financial
assistance equal to or in excess of$750,000 in any fiscal year of such Local Government, the
Local Government must have a State single audit for such fiscal year in accordance with Section
215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of
the Auditor General. In determining the state financial assistance expended in its fiscal year, the
Local Government shall consider all sources of state financial assistance, including state
financial assistance received from the Department of Environmental Protection, other state
agencies, and other nonstate entities. State financial assistance does not include Federal direct or
pass-through awards and resources received by a nonstate entity for Federal program matching
requirements.
(b) In connection with the audit requirements addressed in the preceding paragraph (a);
the Local Government shall ensure that the audit complies with the requirements of Section
215.97(7),Florida Statutes. This includes submission of a financial reporting package as defined
by Section 215.97(2),Florida Statutes, and Chapters 10.550 (local governmental entities)or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
(c) If the Local Government expends less than $750,000 in state financial assistance in
its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes, 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 in which the $750,000 threshold has not been met. In the event that the Local
Government expends less than $750,000 in state financial assistance in its fiscal year, and elects
to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,
the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an
audit must be paid from the Local Government's resources obtained from other than State
entities).
(d) The Local Government is hereby advised that the Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement.
For information regarding the Florida Catalog of State Financial Assistance (CSFA), a Local
Government should access the Florida Single Audit Act website located at
htlps:Hgpps.fldfs.com/fsaa for assistance. In addition to the above websites, the following
websites may be accessed for information: Legislature's Website at
htip://www.leg.state.fl.usiWelcome/index.cfm, State of Florida's website at
http://www.myflorida.com/,Department of Financial Services' Website at http://www.fldfs.com/
and the Auditor General's Website at htip://www.myflorida.com/audgen.
(e) 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.
(3) Report Submission.
(a) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised and 2 CFR Part 200, Subpart F, 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 and 2 CFR Part 200, Subpart F, by or on behalf of the Local Government directly to each
of the following:
(i) The Department at one of the following address:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-30000
Electronically:
FDEPSingleAudit@dep.state.fl.us
(ii) The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
(iii) Copies of reports or management letters shall be submitted by or on behalf of the
Local Government directly to the Department at the following address:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General
3900 Commonwealth Boulevard,MS 40
Tallahassee, Florida 32399-3123
Electronically:
FDEPSingleAudit@dep.state.fl.us
(b) 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 Florida
Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(c) Local Governments,when submitting financial reporting packages to the
Department for audits done in accordance with 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.
(3) Monitoring.
In addition to reviews of audits conducted in accordance with Section 215.97, F.S., as
revised monitoring procedures may include, but not be limited to, on-site visits by Department
staff 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 of Environmental Protection. 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.
2. 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 final amendment.
3. Section 8.12 is added to the Agreement as follows:
8.12. 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
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Agreement and subject to disclosure under Chapter 119, F.S., and Section 24(a), Article I,
Florida Constitution.
(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) 245-2118, by email at ombudsman(a,dep.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 8.13 is added to the Agreement as follows:
8.13. TERMINATION, FALSE CERTIFICATION, SCRUTINIZED COMPANIES,
AND 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. Additional financing in the amount of$1,293,453, excluding Capitalized Interest, is
hereby awarded to the Local Government.
6. A Financing Rate of 1.05 percent per annum is established for the additional
financing amount awarded in this amendment. Individually, the interest rate is 0.525 percent per
annum and the Grant Allocation Assessment rate is 0.525 percent per annum. However, if this
amendment is not executed by the Local Government and returned to the Department before
April 1, 2017, the Financing Rate may be adjusted.
7. The estimated principal amount of the Loan is hereby revised to $5,937,453, which
consists of$5,847,753 authorized for disbursement to the Local Government and $89,700 of
Capitalized Interest. This total consists of the following:
(a) Original Agreement of$4,632,900, including $4,554,300 authorized for
disbursement to the Local Government and $78,600 of Capitalized Interest, at a Financing Rate
of 1.18 percent per annum(the interest rate is 0.59 percent per annum and the Grant Allocation
Assessment rate is 0.59 percent per annum); and
(b) Amendment 1 of$1,304,553, including $1,293,453 authorized for disbursement to
the Local Government and$11,100 of Capitalized Interest, at a Financing Rate of 1.05 percent
per annum (the interest rate is 0.525 percent per annum and the Grant Allocation Assessment rate
is 0.525 percent per annum).
8. An additional Loan Service Fee in the amount of$25,869, for a total of$116,955, is
hereby estimated. The fee represents two percent of the Loan amount excluding Capitalized
Interest, that is, two percent of$5,847,753.
9. The Semiannual Loan Payment amount is hereby revised and shall be in the amount
of$169,891. Such payments shall be paid to, and must be received by, the Department
beginning on May 15, 2019 and semiannually thereafter on November 15 and May 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 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$6,054,408,
which consists of the Loan principal plus the estimated Loan Service Fee.
10. The Local Government and the Department acknowledge that the actual Project
costs have not been determined as of the effective date of this agreement. Project cost
adjustments may be made as a result of Project changes agreed upon by the Department.
Capitalized Interest will be recalculated based on actual dates and amounts of Loan
disbursements. If the Local Government receives other governmental financial assistance for
this Project, the costs funded by such other governmental assistance will not be financed by this
Loan. The Department shall establish the final Project costs after its final inspection of the
Project records. Changes in Project costs may also occur as a result of the Local Government's
Project audit or a Department audit.
Funds disbursed in accordance with Section 4.08 of this Agreement shall be disbursed in the
order in which they have been obligated without respect to budgetary line item estimates. All
disbursements shall be made from the original Loan amount until that amount has been
disbursed; the Financing Rate established for the original Loan amount shall apply to such
disbursements for the purpose of determining the associated Capitalized Interest and repayment
amount. The Financing Rate established for any additional increment of Loan financing shall be
used to determine the Capitalized Interest and repayment amount associated with the funds
disbursed from that increment.
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The estimated Project costs are revised as follows:
CATEGORY COST ($)
Construction and Demolition 5,142,622
Contingencies 257,131
Technical Services After Bid Opening 448,000
SUBTOTAL(Disbursable Amount) 5,847,753
Capitalized Interest 89,700
TOTAL(Loan Principal Amount) 5,937,453
11. The items scheduled under Subsections 10.07, (2), (3), (4), and(5) of the Agreement
are rescheduled as follows:
(2) Completion of Project construction is scheduled for November 15, 2018.
(3) Establish the Loan Debt Service Account and begin Monthly Loan Deposits no later
than November 15, 2018.
(4) The date for the certification required under Subsection 2.01(10) of the Agreement is
hereby revised. The initial annual certification shall be submitted no later than
February 15, 2019. Thereafter, the annual certification shall be submitted no later than
September 30 of each year until the final Semiannual Loan Repayment is made.
(5) The first Semiannual Loan Payment in the amount of$169,891 shall be due
May 15, 2019.
12. All other terms and provisions of the Loan Agreement shall remain in effect.
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This Amendment 1 to Loan Agreement SW590141 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 amendment to the Loan
Agreement to be executed on its behalf by the Secretary or Designee 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
Department.
tt
CITORD
0
Attest: Approved as to form and legal sufficiency:
City Clerk / City Attorney
SEAL pC.Otu PJ/� /� C ri0,0
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Secretary or Designee Date
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