HomeMy WebLinkAboutWW050510_Increase
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Rick Scott Governor
Carlos Lopez-Cantera
Lt. Governor
Ryan E. Matthews
Interim Secretary
February 6, 2017
Mr. Jeff Ratliff
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:
Attached is a copy of proposed Amendment 2 to the City’s State Revolving Fund loan
agreement. The amendment provides an additional $480,800 for this project.
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 Megan Strohl at (850) 245-
2899.
Sincerely,
Angela Knecht, Program Administrator
State Revolving Fund Management
AK/ms
Attachment
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
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STATE REVOLVING FUND
AMENDMENT 2 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, (the “Local Government”) existing as a local governmental agency under the laws of
the State of Florida.
WHEREAS, the Department and the Local Government entered into a State Revolving Fund
Loan Agreement, Number WW050510, as amended, authorizing a Loan amount of $2,288,900
excluding Capitalized Interest; and
WHEREAS, the Local Government is entitled to additional financing of $480,800, 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, certain provisions of the Agreement need revision and several provisions need to be
added to the Agreement; and
WHEREAS, the Project costs need adjustment to reflect revised estimates.
NOW, THEREFORE, the parties hereto agree as follows:
1. Subsections 2.03(1) and (2) of the Agreement are deleted and replaced as follows:
(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
Program
Number Funding Source
CSFA
Number
CSFA Title or
Fund Source
Description
Funding
Amount
State
Appropriation
Category
Original
Agreement
Wastewater
Treatment and
Stormwater
Management TF
37.077
Wastewater
Treatment
Facility
Construction
$2,769,700 140131
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(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
https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following
websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/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 http://www.myflorida.com/audgen.
2. Section 8.11 is added to the Agreement as follows:
8.11. 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
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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.
(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@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
3. Section 8.12 is added to the Agreement as follows:
8.12. 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.
4. Additional financing in the amount of $480,800, excluding Capitalized Interest, is
hereby awarded to the Local Government.
5. A Financing Rate of 0.21 percent per annum is established for the additional
financing amount awarded in this amendment. Individually, the interest rate is 0.105 percent per
annum and the Grant Allocation Assessment rate is 0.105 percent per annum. However, if this
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amendment is not executed by the Local Government and returned to the Department before
April 1, 2017, the Financing Rate may be adjusted.
6. The estimated principal amount of the Loan is hereby revised to $2,816,900, which
consists of $2,769,700 authorized for disbursement to the Local Government and $47,200 of
Capitalized Interest. This total consists of the following:
(a) Original Agreement of $2,335,600, including $2,288,900 authorized for
disbursement to the Local Government and $46,700 of Capitalized Interest, at a Financing Rate
of 1.26 percent per annum (the interest rate is 0.63 percent per annum and the Grant Allocation
Assessment rate is 0.63 percent per annum); and
(b) Amendment 2 of $481,300, including $480,800 authorized for disbursement to the
Local Government and $500 of Capitalized Interest, at a Financing Rate of 0.21 percent per
annum (the interest rate is 0.107 percent per annum and the Grant Allocation Assessment rate is
0.107 percent per annum).
7. An additional Loan Service Fee in the amount of $9,616, for a total of $55,394, is
hereby estimated. The fee represents two percent of the Loan amount excluding Capitalized
Interest, that is, two percent of $2,769,700.
8. The Semiannual Loan Payment amount is hereby revised and shall be in the amount
of $80,076. Such payments shall be paid to, and must be received by, the Department beginning
on August 15, 2018 and semiannually thereafter on February 15 and August 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 $2,872,294,
which consists of the Loan principal plus the estimated Loan Service Fee.
9. The Local Government and the Department acknowledge that the actual Project
costs have not been determined as of the effective date of this agreement. Project cost
adjustments may be made as a result of construction bidding or Project changes agreed upon by
the Department. Capitalized Interest will be recalculated based on actual dates and amounts of
Loan disbursements. If the Local Government receives other governmental financial assistance
for this Project, the costs funded by such other governmental assistance will not be financed by
this Loan. The Department shall establish the final Project costs after its final inspection of the
Project records. Changes in Project costs may also occur as a result of the Local Government's
Project audit or a Department audit.
Funds disbursed in accordance with Section 4.08 of this Agreement shall be disbursed in
the order in which they have been obligated without respect to budgetary line item estimates.
All disbursements shall be made from the original Loan amount until that amount has been
disbursed; the Financing Rate established for the original Loan amount shall apply to such
disbursements for the purpose of determining the associated Capitalized Interest and repayment
amount. The Financing Rate established for any additional increment of Loan financing shall be
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used to determine the Capitalized Interest and repayment amount associated with the funds
disbursed from that increment.
The estimated Project costs are revised as follows:
CATEGORY COST($)
Construction and Demolition 2,574,000
Contingencies 128,700
Technical Services After Bid Opening 67,000
SUBTOTAL (Disbursable Amount) 2,769,700
Capitalized Interest 47,200
TOTAL (Loan Principal Amount) 2,816,900
10. Section 10.07 of the Agreement is deleted and replaced as follows:
(1) Invoices submitted for work performed on or after November 11, 2014 shall be
eligible for reimbursement.
(2) Completion of the Project construction is scheduled for February 15, 2018.
(3) The Loan Debt Service Account shall be established and Monthly Loan Deposits
shall begin no later than February 15, 2018.
(4) The initial annual certification required under Subsection 2.01(10) of the Agreement
shall be due May 15, 2018. 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 $80,076 shall be due
August 15, 2018.
11. Section 10.08 SPECIAL CONDITIONS is added to the Agreement as follows:
10.08 SPECIAL CONDITIONS
An Asset Management Plan must be fully implemented by the City and verified by the
Department at least three months prior to the date the first loan repayment is scheduled, in order
to receive the 0.10 percent per annum Financing Rate reduction that has been included in the
Financing Rate. If the Asset Management Plan is not implemented and verified by that date, the
Agreement will be amended to increase the Financing Rate of the loan by 0.10 percent per
annum.
11. All other terms and provisions of the Loan Agreement shall remain in effect.
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This Amendment 2 to Loan Agreement WW050510 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 CAPE CANAVERAL
_________________________________________
Mayor
Attest: Approved as to form and legal sufficiency:
City Clerk City Attorney
SEAL
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Secretary or Designee Date