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2056 Amdmt 1 to DW590191 State Rev Fund loanMarjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, FL 32399 FEDERAL EXPRESS DELIVERY - SIGNATURE REQUIRED M► ; r Mr. Bilal Iftikahr Utilities Director City of Sanford 300 North Park Avenue Sanford, Florida 32771 Re: DW590191 — Sanford Treatment Plant Rehabilitation Dear Mr. Iftikahr: Ron DeSantis Governor Jeanette Nunez Lt. Governor Noah Valensteln Secretary Enclosed is one original of Amendment 1 to your State Revolving Fund loan agreement. This amendment provides an extension for completion of planning and design activities. The amendment is now in effect. If we may be of further assistance, please contact Amber Douglas at (850)245-2915. Sincerely, 7 Angela echt, Program Administrator State Revolving Fund Management Enclosure cc: Norton N. Bonaparte, Jr. — City of Sanford Daniella Tow, E.I. — CPH Engineers, Inc. STATE REVOLVING FUND AMENDMENT 1 TO LOAN AGREEMENT DW590191 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 governmental entity (Project Sponsor) under the laws of the State of Florida. Collectively, the Department and the Project Sponsor shall be referred to as "Parties" or individually as "Party" The Department and the Project Sponsor entered into a State Revolving Fund Loan Agreement, Number DW590191; and Loan repayment activities need rescheduling to give the Project Sponsor additional time to complete planning and design activities; and Certain provisions of the Agreement need revision and several provisions need to be added to the Agreement. The Parties hereto agree as follows: Subsections 2.03(4) and (5) of the Agreement are deleted and replaced as follows: (4) Record Retention. The Project Sponsor shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date of the Final Amendment, and shall allow the Department, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Project Sponsor 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 of the Final Amendment, unless extended in writing by the Department. (5) 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 Project Sponsor 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 Project Sponsor is appropriate, the Project Sponsor agrees to comply with any additional instructions provided by the Department to the Project Sponsor regarding such audit. The Project Sponsor understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. The Project Sponsor will comply with this duty and ensure that any subcontracts issued under this Agreement will impose this requirement, in writing, on its subcontractors. 2. Section 8.10 of the Agreement is deleted and replaced as follows: 8.10. SCRUTINIZED COMPANIES. (1) The Project Sponsor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Project Sponsor or its subcontractors are found to have submitted a false certification; or if the Project Sponsor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. (2) If this Agreement is for more than one million dollars, the Project Sponsor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Project Sponsor, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Project Sponsor, its affiliates, or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. (3) The Project Sponsor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. (4) As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 3. Section 8.11 is added to the Agreement as follows: 8.11. SUSPENSION. The Department may suspend any or all of its obligations to Loan or provide financial accommodation to the Project Sponsor under this Agreement in the following events, as determined by the Department: (1) The Project Sponsor abandons or discontinues the Project before its completion, (2) The commencement, prosecution, or timely completion of the Project by the Project Sponsor is rendered improbable or the Department has reasonable grounds to be insecure in Project Sponsor's ability to perform, or (3) The implementation of the Project is determined to be illegal, or one or more officials of the Project Sponsor in responsible charge of, or influence over, the Project is charged with violating any criminal law in the implementation of the Project or the administration of the proceeds from this Loan. The Department shall notify the Project Sponsor of any suspension by the Department of its obligations under this Agreement, which suspension shall continue until such time as the event or condition causing such suspension has ceased or been corrected, or the Department has re -instated the Agreement. Project Sponsor shall have no more than 30 days following notice of suspension hereunder to remove or correct the condition causing suspension. Failure to do so shall constitute a default under this Agreement. Following suspension of disbursements under this Agreement, the Department may require reasonable assurance of future performance from Project Sponsor prior to re -instating the Loan. Such reasonable assurance may include, but not be limited to, a payment mechanism using two party checks, escrow or obtaining a Performance Bond for the work remaining. Following suspension, upon failure to cure, correct or provide reasonable assurance of future performance by Project Sponsor, the Department may exercise any remedy available to it by this Agreement or otherwise and shall have no obligation to fund any remaining Loan balance under this Agreement. 4. Unless repayment is further deferred by amendment of the Agreement, Semiannual Loan Payments as set forth in Section 10.05 shall be received by the Department beginning on January 15, 2021, and semiannually thereafter on July 15 and January 15 of each year until all amounts due under the Agreement have been fully paid. 5. The items scheduled under Section 10.07 of the Agreement are rescheduled as follows: (2) Completion of all Planning Activities for all Project facilities proposed for loan funding no later than January 15, 2020. (3) Completion of all Design Activities for all Project facilities proposed for loan funding no later than January 15, 2020. (4) Establish the Loan Debt Service Account and begin Monthly Loan Deposits no later than July 15, 2020. (5) The initial annual certification required under Subsection 2.01(10) of this Agreement shall be due October 15, 2020. Thereafter the annual certification shall be submitted no later than September 30 of each year until the final Semiannual Loan Payment is made. (6) The first Semiannual Loan Payment in the amount of $31,636 shall be due January 15, 2021. 6. All other terms and provisions of the Loan Agreement shall remain in effect. This Amendment I to Loan Agreement DW590191 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 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 Department. Attest: '&ab - . , eMe, RWIVt for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION -3 / aq (I Secretary or Designee Date 5 �L,,�. � Flo. • 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): ❑ Ordinance ❑ Resolution ❑ Mayor's signature ❑ Recording ❑ Rendering ® Safe keeping (Vault) EJ Once completed, please: /1 Return original Return copy Special Instructions: Per Bill Marcous please see attached for safe keeping. Please advise if you have any questions regarding the above. Thank you! r1-;zab&Zrn i�2 �/ � From _-----,-T Date'