2003 FDEP WW590150 Biosolids�yt1F 0 Rp ,FLORIDA
(UTILITY I PUBLIC WORKS)
TRANSMITTAL, MEMORANDUM
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
❑
❑
Final Plat (original mylars)
❑
❑
Letter of Credit
❑
❑
Maintenance Bond
❑
Ordinance
❑
Performance Bond
❑
Resolution
El
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
Mayor's signature
Recording
Rendering
Safe keeping (Vault)
Please advise if you have any questions regarding the above.
Thank you!
From Date
o`as pePart��
kI
fi
o ental ptti �
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
FEDERAL EXPRESS DELIVERY - SIGNATURE REQUIRED
ML 2 3 2018
Mr. Norton N. Bonaparte, Jr.
City Manager
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Re: WW590150 - an
Biosolids Management System
Dear r. onaparte:
Rick Scott
Governor
Carlos Lopez-Cantera
Lt. Governor
Noah Valenstein
Secretary
JUL 2 5 2018
1t' yt
U.
5,
We are pleased to provide additional financing under the State Revolving Fund loan program for
construction of your 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 Megan Strohl at
(850)245-2899.
Sincerely,
Angel echt, Program Administrator
State Revolving Fund Management
AK/ms
Enclosure
cc: Bilal Iftikhar - City of Sanford
David Gierach - CPH Engineers, Inc.
www.dep.state.fl.us
AMENDMENT 1 TO LOAN AGREEMENT WW590150
CITY OF SANFORD
This amendment is executed by the FLORIDA WATER POLLUTION CONTROL
FINANCING CORPORATION (the "Corporation") and the CITY OF SANFORD, FLORIDA,
(the "Local Borrower") existing as a local governmental entity under the laws of the State of
Florida. Collectively, the Department and the Local Borrower shall be referred to as "Parties" or
individually as a "Party".
WITNESSETH:
WHEREAS, the Corporation and the Local Borrower entered into a Clean Water State Revolving
Fund Loan Agreement, Number WW590150, authorizing a Loan amount of $6,000,000, excluding
Capitalized Interest; and
WHEREAS, the Local Borrower is entitled to additional financing of $4,197,123, excluding
Capitalized Interest; 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 2.04 is deleted and replaced as follows:
The Local Borrower agrees to the following audit and monitoring requirements.
(1) The financial assistance authorized pursuant to this Loan Agreement
consists of the following:
State Resources Awarded to the Local Borrower Pursuant to this Agreement Consist of the
FollowingResources Subject to Section 215.97, F.S.:
State
CSFA Title or
State
Program
CSFA
Fund Source
Funding
Appropriation
Number
Funding Source
Number
Description
Amount
Category
Wastewater
Wastewater
Original
Treatment and
37.077
Treatment Facility
$10,197,123
140131
Agreement
Stormwater
Construction
Management TF
(2) Audits.
(a) In the event that the Local Borrower expends a total amount of state
financial assistance equal to or in excess of $750,000 in any fiscal year of such
Local Borrower, the Local Borrower 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
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-30000
Na
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 Borrower 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
or
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 Borrowers, 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 Borrower in correspondence accompanying the reporting
package.
(3) Any warranty, representation or other statement by, or on behalf of, the Local
Borrower contained in this Agreement or in any information furnished in compliance with, or in
reference to, this Agreement, which is false or misleading, or if Local Borrower shall fail to keep,
observe or perform any of the terms, covenants, representations or warranties contained in this
Agreement, the Note, or any other document given in connection with the Loan (provided, that
with respect to non -monetary defaults, Department shall give written notice to Local Borrower,
which shall have 30 days to cure any such default), or is unable or unwilling to meet its obligations
thereunder.
(4) An order or decree entered, with the acquiescence of the Local Borrower,
appointing a receiver of any part of the Water or Sewer System or Gross Revenues thereof; or if
such order or decree, having been entered without the consent or acquiescence of the Local
Borrower, shall not be vacated or discharged or stayed on appeal within 60 days after the entry
thereof.
(5) Any proceeding instituted, with the acquiescence of the Local Borrower, for the
purpose of effecting a composition between the Local Borrower and its creditors or for the purpose
of adjusting the claims of such creditors, pursuant to any federal or state statute now or hereafter
enacted, if the claims of such creditors are payable from Gross Revenues of the Water or Sewer
System.
(6) Any bankruptcy, insolvency, or other similar proceeding instituted by, or against,
the Local Borrower under federal or state bankruptcy or insolvency law now or hereafter in effect
and, if instituted against the Local Borrower, is not dismissed within 60 days after filing.
(7) Any charge is brought alleging violations of any criminal law in the implementation
of the Project or the administration of the proceeds from this Loan against one or more officials of
the Local Borrower by a State or Federal law enforcement authority, which charges are not
withdrawn or dismissed within 60 days following the filing thereof.
(8) Failure of the Local Borrower to give immediate written notice of its knowledge of
a potential default or an event of default to the Department and such failure shall continue for a
period of 30 days.
6.02. REMEDIES.
All rights, remedies, and powers conferred in this Agreement and the transaction
documents are cumulative and are not exclusive of any other rights or remedies, and they shall be
in addition to every other right, power, and remedy that Department may have, whether specifically
granted in this Agreement or any other transaction document, or existing at law, in equity, or by
statute. Any and all such rights and remedies may be exercised from time to time and as often and
in such order as Department may deem expedient. Upon any of the Events of Default and subject
to the rights of others having prior liens on the Pledged Revenues, the Department may enforce its
rights by, inter alfa, any of the following remedies:
(1) By mandamus or other proceeding at law or in equity, cause to establish rates and
collect fees and charges for use of the Water and Sewer Systems, and to require the Local Borrower
to fulfill this Agreement.
5
(2) This Agreement may be unilaterally canceled by the Department for refusal by the
Local Borrower to either provide to the Department upon request, or to allow inspection and
copying of all public records made or received by the Local Borrower in conjunction with this
Agreement and subject to disclosure under Chapter 119, F.S., and Section 24(a), Article I, Florida
Constitution.
(3) IF THE LOCAL BORROWER HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
LOCAL BORROWER'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
public.services@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 8.12 is added to the Agreement as follows:
8.12. SCRUTINIZED COMPANIES.
The Local Borrower certifies that it and any of its affiliates are not scrutinized companies
as identified in Section 287.135, F.S. In addition, the Local Borrower 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 Borrower, its affiliates, or its
subcontractors are found to have submitted a false certification; or if the Local Borrower, 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. Section 8.13 is added to the Agreement as follows:
8.13. SUSPENSION.
The Department may suspend any or all of its obligations to Loan or provide financial
accommodation to the Local Borrower under this Agreement in the following events, as
determined by the Department:
(1) Local Borrower abandons or discontinues the Project before its completion,
7
(2) Amendment 1 of $4,220,023, including $4,197,123 authorized for
disbursement to the Local Borrower and $22,900 of Capitalized Interest, at a Financing
Rate of 1.09 percent per annum (the interest rate is 0.545 percent per annum and the Grant
Allocation Assessment rate is 0.545 percent per annum).
9. An additional Loan Service Fee in the amount of $83,942, for a total of $203,942,
is hereby estimated. The fee represents two percent of the Loan amount excluding Capitalized
Interest, that is, two percent of $10,197,123.
10. The Semiannual Loan Payment amount is hereby revised and shall be in the amount
of $283,581. Such payments shall be paid to, and must be received by the Trustee beginning on
November 15, 2019 and semiannually thereafter on May 15 and November 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 $10,473,065,
which consists of the Loan principal plus the estimated Loan Service Fee.
11. Section 10.06 is revised as follows:
The Local Borrower, the Corporation 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 Borrower 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 Borrower'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.
The Local Borrower agrees to the following estimates of Project costs:
E
This Amendment 1 to Loan Agreement WW590150 may 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 Corporation has caused this amendment to the Loan
Agreement to be executed on its behalf by its Chief Executive Officer and the Local Borrower 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 Chief
Executive Officer of the Corporation.
for
FLORIDA WATER POLLUTION CONTROL FINANCING CORPORATION
for
CITY OF SANFORD
SEAL
row
-11
\�N
a
a
and
VV °City ofn
6�
APPROVED ANb4ZOKD BY THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION.
J6
Secretary or Designee
11