Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-552 - DRINKING WATER STATE REVOLVING FUND LOAN PROGRAM › Section 62-552.430 - Loan Application and Agreements

Current through Reg. 50, No. 138; July 16, 2024
(1) General.
(a) A complete loan application, Form
				Application DW-1, State Revolving Fund Loan Program for Drinking Water
				Facilities Loan Application, effective March 9, 2022, hereby adopted and
				incorporated by reference, shall be submitted to the Department within 120 days
				after the project is listed on the fundable portion of the priority list. The
				project sponsor may incorporate into the loan application, by reference, any
				information previously submitted to the Department. This form is available from
				the Department's Drinking Water State Revolving Fund Program, 3900 Commonwealth
				Blvd., Tallahassee, Florida 32399-3000, or at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14080
.
(b) To receive a loan, a project sponsor must
				submit a complete loan application, provide reasonable assurance that it has
				the financial capability to complete the project and repay the loan, and enter
				into a negotiated written agreement. Loan agreements shall be offered to
				project sponsors for projects listed on the fundable portion of the priority
				list in the order of receipt of a complete loan application irrespective of
				priority score, project rank, or qualification for the financially
				disadvantaged and small-community reserve funds.
(c) If a project sponsor does not submit a
				complete loan application within 120 days, or a loan agreement is not executed
				within 210 days after a project is added to the fundable portion, the project
				shall be removed from the priority list at the next scheduled public meeting;
				unless the project sponsor can show good cause prior to that meeting
				documenting why the application was not submitted or why the agreement was not
				executed by the appropriate deadline. For the purpose of this paragraph, good
				cause shall mean unforeseen circumstances outside of the sponsor's control or a
				showing that the sponsor is making a diligent effort to complete or execute the
				loan application or loan agreement.
(d) Project sponsors shall provide reasonable
				financial assurance that project activities will be completed, including
				requirements for service providers and equipment suppliers or manufacturers to
				provide performance guarantees, insurance covering workers' compensation,
				comprehensive general liability, vehicle liability, and property damage to the
				extent that coverage is available for project activities.
(e) The Department shall have the primary
				responsibility for drafting the loan agreement and setting its terms. The loan
				agreement shall have terms to meet program requirements. Loan agreement
				covenants may vary for direct and leveraged loans. Projects being funded under
				(or pursuant to) different sections of the Act or as a result of different
				sources of pledged revenues may have different loan agreement
				provisions.
(f) The loan recipient
				shall certify that it is not listed on the governmentwide exclusions in the
				System for Award Management (SAM), in accordance with the OMB guidelines at  2
				CFR 180  that implement Executive Orders 12549 (  3 CFR part 1986  Comp., p. 189)
				and 12689 (  3 CFR part 1989  Comp., p. 235), "Debarment and
				Suspension."