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HomeMy WebLinkAboutFDEP ExtensionMay 18, 2016 Mr. Jeff Ratliff Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Public Works Services Director City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920 Re: WW050510 -Cape Canaveral Treatment Facilities Dear Mr. Ratliff: Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Jonathan P. Steverson Secretary Attached is a copy of proposed Amendment 1 to the City's State Revolving Fund loan agreement. The amendment provides the City additional time to complete construction activities. Please have the appropriate officials sign and seal two copies, and return them to us within three weeks at 3900 Commonwealth Boulevard, MS 3505, Tallahassee, Florida, 32399-3000. We will sign the documents and mail a fully executed original to you. If you have any questions about this amendment, please call Tommy Williams at 850/245-2912. Sincerely, 4 YA&�t Angela Knecht, Program Administrator State Revolving Fund Management AK/tw Attachments cc: Don Berryhill - The Berryhill Group, LLC John DeLeo - City of Cape Canaveral David Greene - City of Cape Canaveral Honorable Rocky Randels - City of Cape Canaveral WWW. dep. state. fl. us STATE REVOLVING FUND AMENDMENT 1 TO LOAN AGREEMENT WW050510 CITY OF CAPE CANAVERAL This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF CAPE CANAVERAL, FLORIDA, existing as a local government agency (Local Government) 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 W WO50510 and WHEREAS, Loan repayment activities need rescheduling to give the Local Government additional time to complete construction activities; and WHEREAS, revised provisions for audit and monitoring are needed. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 2.03 of the Agreement is hereby deleted in its entirety and replaced as follows: The Local Government agrees to the following audit and monitoring requirements. Funds provided under this Agreement have been identified as second-tier monies under the Federal Clean Water Act which are identified as state funds whose use is federally protected. (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 Funding Source Number Description Amount Category Wastewater Original Treatment and Wastewater Agreement Stormwater 37.077 Treatment Facility $2,288,900 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 $500,000 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 $500,000 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 $500,000 threshold has not been met. In the event that the Local Government expends less than $500,000 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 httms://anns.Rdfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at htto://www.lee.state.fl.us/Welcome/index.cfm, State of Florida's website at htty://www.mvflorida.com/1 Department of Financial Services' Website at htty://www.fldfs.com/ and the Auditor General's Website at htto://www.mvflorida.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 financial reporting packages shall be submitted by or on behalf of the Local Government directly to each of the following: (i) The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General 3900 Commonwealth Boulevard, MS 40 Tallahassee, Florida 32399-3123 Electronically: FDEPSineleAuditla.den.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 of Environmental Protection at either of 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(a,den.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. (4) 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 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 Local Government shall ensure that 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 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 of Environmental Protection 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 date. 3. Section 10.06 paragraph of the Agreement is deleted and replaced as follows: 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 construction bidding or mutually agreed upon Project changes. 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 an audit. The Local Government agrees to the following estimates of Project costs: 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 February 15, 2018, and semiannually thereafter on August 15 and February 15 of each year until all amounts due under the Agreement have been fully paid. 5. The items scheduled under Subsections 10.07 of the Agreement are rescheduled as follows: (1) Completion of the Project construction is scheduled for August 15, 2017. (2) The Loan Debt Service Account shall be established and Monthly Loan Deposits shall begin no later than August 15, 2017. (3) The initial annual certification required under Subsection 2.01(10) of the Agreement shall be due November 15, 2017. Thereafter, the annual certification shall be submitted no later than September 30 of each year until the final Semiannual Loan Repayment is made. (4) The fust Semiannual Loan Payment in the amount of $66,893 shall be due February 15, 2018. 6. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK This Amendment Ito Loan Agreement W W050510 maybe 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. SEAL for CITY OF CAPE CANAVERAL Mayor Attest: Approved as to form and legal sufficiency: City Clerk City Attorney for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or Designee Date