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Home My WebLink About2567 State Revolving Fund - Amendment 6 to Loan Agreement WW590131STATE REVOLVING FUND AMENDMENT 6 TO LOAN AGREEMENT WW590131 CITY OF SANFORD This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF SANFORD, FLORIDA, (the "Local Government") existing as a local governmental entity under the laws of the State of Florida. Collectively, the Department and the Local Government shall be referred to as "Parties" or individually as "Party." WITNESSETH: WHEREAS, the Florida Water Pollution Control Financing Corporation (Corporation) and the Local Government entered into a Clean Water State Revolving Fund Loan Agreement, Number WW590131, as amended, authorizing a Loan amount of $18,395,032, excluding Capitalized Interest; and WHEREAS, the oversight and management of this Loan is being assumed by the Department; and WHEREAS, the loan to the Local Government is under same terms and conditions of the transferred loan unless amended herein; and WHEREAS, the Project completion date needs rescheduling to give the Local Government additional time to complete disbursements; and WHEREAS, certain provisions of the Agreement require revision and several provisions need to be added to the Agreement. NOW, THEREFORE, the Parties hereto agree as follows: 1. Oversight and management of this Loan is transferred to the Department. All references in the Agreement to Corporation or Trustee are deleted and replaced with "Department" and all references to "Local Borrower" shall be replaced with "Local Government." 2. Section 1.01 of the Agreement is amended to include the following definitions: "Final Unilateral Amendment" shall mean the Loan Agreement unilaterally finalized by the Department after Loan Agreement and Project abandonment under Section 8.06 that establishes the final amortization schedule for the Loan. 3. Subsections 1.01(4), (5), (7) (and (22) of the Agreement are deleted. 4. Subsection 1.01(9) is deleted and replaced as follows: "Grant Allocation Assessment" shall mean an assessment, expressed as a percent per annum, accruing on the unpaid balance of the Loan. It is computed similarly to the way interest charged on the Loan is computed and is included in the Semiannual Loan Payment. The Department will use Grant Allocation Assessment moneys for making grants to financially disadvantaged small communities pursuant to Section 403.1835 of the Florida Statutes. 5. Subsection 2.01(14) of the Agreement is deleted. 6. Section 2.02. of the Agreement is deleted. 7. Section 8.04 of the Agreement is deleted and replaced as follows: 8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. The Department may assign any part of its rights under this Agreement after notification to the Local Government. The Local Government shall not assign rights created by this Agreement without the written consent of the Department. Section 8.06 of the Agreement is deleted and replaced as follows: 8.06. ABANDONMENT, TERMINATION OR VOLUNTARY CANCELLATION. Failure of the Local Government to actively prosecute or avail itself of this Loan (including e.g., described in para 1 and 2 below) shall constitute its abrogation and abandonment of the rights hereunder, and the Department may then, upon written notification to the Local Government, suspend or terminate this Agreement. (1) Failure of the Local Government to draw Loan proceeds within eighteen months after the effective date of this Agreement, or by the date set in Section 10.07 to establish the Loan Debt Service Account, whichever date occurs first. (2) Failure of the Local Government, after the initial Loan draw, to draw any funds under the Loan Agreement for twenty-four months, without approved justification or demonstrable progress on the Project. Upon a determination of abandonment by the Department, the Loan will be suspended, and the Department will implement administrative close out procedures (in lieu of those in Section 4.07) and provide written notification of Final Unilateral Amendment to the Local Government. In the event that following the execution of this Agreement, the Local Government decides not to proceed with this Loan, this Agreement can be cancelled by the Local Government, without penalty, if no funds have been disbursed. Section 8.11 is deleted and replaced as follows: 8.11. SUSPENSION. The Department may suspend any or all of its obligations to Loan or provide financial accommodation to the Local Government under this Agreement in the following events, as determined by the Department: (1) The Local Government abandons or discontinues the Project before its completion, (2) The commencement, prosecution, or timely completion of the Project by the Local Government is rendered improbable or the Department has reasonable grounds to be insecure in Local Government's ability to perform, or (3) The implementation of the Project is determined to be illegal, or one or more officials of the Local Government 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 Local Government 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. Local Government 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 Local Government 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 Local Government, 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. 10. Section 8.12 is added to the Agreement as follows: 8.12. CIVIL RIGHTS. The Local Government shall comply with all Title VI requirements of the Civils Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Equal Employment Opportunity requirements (Executive Order 11246, as amended) which prohibit activities that are intentionally discriminatory and/or have a discriminatory effect based on race, color, national origin (including limited English proficiency), age, disability, or sex. 11. Section 8.13 is added to the Agreement as follows: 8.13. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. The Local Government and any contractors/subcontractors are prohibited from obligating or expending any Loan or Principal Forgiveness funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. See Section 889 of Public Law 115-232 (National Defense Authorization Act 2019). Also, see 2 CFR 200.216 and 200.471. 12. Subsection 10.07(2) of the Agreement is rescheduled as follows: (2) Completion of Project construction is scheduled for December 15, 2024. 13. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ARTICLE XI - EXECUTION OF AGREEMENT This Amendment 6 to Loan Agreement WW590131 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 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 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 6� 61-- �ato-a*- ,S'ccretary or Designee SEAL & -! t - � Date Attest as to form and correctness: City Attorney APPROVED AND ACCEPTED BY THE FLORIDA WATER POLLUTION CONTROL FINANCING CORPORATION TCbie cuti •e dfficer / Review d� dap rovtL b,jjt Coo )orate // or Designee (UJ 5