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6th Amendment 01/30/2018STATE REVOLVING FUND AMENDMENT 6 TO LOAN AGREEMENT WW440710 MONROE COUNTY This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and MONROE COUNTY, FLORIDA, existing as a local government agency (Local Government) under the laws of the State of Florida. Collectively, the Department and the Local Government shall be referred to as "Parties" or individually as a "Party". The Department and the Local Government entered into a State Revolving Fund Loan Agreement, Number WW440710, as amended; and Loan repayment activities need rescheduling to give the Local Government additional time to complete construction; and Certain provisions of the Agreement need revision and several provisions need to be added to the Agreement. The Parties hereto agree as follows: Subsection 2.03(2) of the Agreement is deleted and.replaced as follows: (2) Audits. (a) In the event that the Local Government expends $750,000 or more in Federal awards in its fiscal year, the Local Government must have a Federal single audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. In determining the Federal awards expended in its fiscal year, the Local Government shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F. An audit of the Local Government conducted by the Auditor General in accordance with the provisions of 2 CFR Part 206, Subpart F, will meet the requirements of this part. (b) In connection with the audit requirements addressed in the preceding paragraph (a), the Local Government shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR Part 200, Subpart F. (c) If the Local Government expends less than $750,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F, 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 the event that the Local Government expends less than $750,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from Local Government resources obtained from other than Federal entities). (d) The Local Government may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.gov/index?cck=1&au=&ck=. 2 Three sections are added to the Agreement as follows: 8.10. 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 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 public. services( a�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 8.11. SCRUTINIZED COMPANIES. 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. 8.12. 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. 3. 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 June 15, 2019, and semiannually thereafter on December 15 and June 15 of each year until all amounts due under the Agreement have been fully paid. 4. The items scheduled under Subsections 10.07 (1), (2), (3), and (4) of the Agreement are rescheduled as follows: (1) Completion of Project construction is scheduled for December 15, 2018. (2) Establish the Loan Debt Service Account and begin Monthly Loan Deposits no later than December 15, 2018. (3) The date for the certification required under Subsection 2.01(10) of the Agreement is hereby revised. The initial annual certification shall be submitted no later than March 15, 2019. 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 first Semiannual Loan Payment in the amount of $4,146,935 shall be due June 15, 2019. 5. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4 .. r 4 This Amendment 6 to Loan Agreement WW440710 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. Attest: Kle-v; n M d. K,County Clerk SEAL for MONROE COUNTY Mayor D vid Rice Approved as to form and legal sufficiency: Assista County Attorney for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 3a[ [g Secretary or Designee Date