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HomeMy WebLinkAboutExhibita -FT STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND CITY OF MIAMI, FLORIDA CLEAN WATER STATE REVOLVING FUND DESIGN AND CONSTRUCTION LOAN AGREEMENT SWI32000 Florida Department of Environmental Protection State Revolving Fund Program Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard, MS 3505 Tallahassee, Florida 32399-3000 tars_ 15 -/;z /.7 CLEAN WATER STATE REVOLVING FUND DESIGN AND CONSTRUCTION LOAN AGREEMENT CON I ENTS T PAGE ARTICLE I - DEFINITIONS 1 1 1,01. WORDS AND TERMS. 1 L02, CORRELATIVE WORDS, 3 ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS 3 2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS. 3 2.02. LEGAL AUTHORIZATION, 5 2.03, AUDIT AND MONITORING REQUIREMENTS, 5 ARTICLE III - LOAN REPAYMENT ACCOUNT 8 3,01. LOAN DEBT SERVICE ACCOUNT, 8 3.02. INVESTMENT OF LOAN DEBT SERVICE ACCOUNT MONEYS. 9 3.03. LOAN DEI3T SERVICE ACCOUNT WITHDRAWALS. 9 3.04. ASSETS HELD IN TRUST, 9 ARTICLE IV - PROJECT INFORMATION 9 4.01. PROJECT CHANGES. 9 4,02, TITLE TO PROJECT SITE. 9 4.03. PERMITS AND APPROVALS. 9 4.04, ENGINEERING SERVICES. 10 4.05. PROHIBITION AGAINST ENCUMBRANCES, 10 4.06. COMPLETION MONEYS. 10 4,07. CLOSE-OUT, 10 1 4.08. LOAN DISBURSEMENTS, 10 ARTICLE V - RATES AND USE OF THE. STORMWATER SYSTEM 5.01. RATE COVERAGE, 5.02. MAINTENANCE OF THE STORMWATER SYSTEM, 11 11 11 ARTICLE VI - DEFAULTS AND REMEDIES 12 6.01. EVENTS OF DEFAULT, 12 6.02, REMEDIES, 12 6,03. DELAY AND WAIVER. 13 ARTICLE VII - THE PLEDGED REVENUES 13 7.01, SUPERIORITY OF TiE PLEDGE TO THE DEPARTMENT, 13 7,02, ADDITIONAL DEBT 013LIGATIONS, 14 ARTICLE VIII - GENERAL PROVISIONS 14 8.01, DISCHARGE OF OBLIGATIONS, 14 8,02, PROJECT RECORDS AND STATEMENTS. 14 8.03, ACCESS TO PROJECT SITE. 14 8.04, ASSIGNMENT OF RIGHTS UNDER AGREEMENT, 15 CLEAN WATER STATE REVOLVING FUND DESIGN AND CONSTRUCTION LOAN AGREEMENT CONTENTS PAGE 8.05. AMENDMENT OF AGREEMENT. 15 8,06. ANNULMENT OF AGREEMENT, 15 8.07. SEVERABILITY CLAUSE. 15 8,08, USE AS MATCHING FUNDS. 15 8.09, COMPLIANCE VERIFICATION, 15 8,10, AMERICAN IRON AND STEEL REQUIREMENT. 16 8,11. FISCAL SUSTAINABILITY PLAN (FSP). 16 ARTICLE IX - DESIGN AND CONSTRUCTION CONTRACTS AND INSURANCE 17 9.01. AUTHORIZATION TO AWARD DESIGN AND CONSTRUCTION CONTRACTS. 17 9.02. SUBMITTAL OF DESIGN AND CONSTRUCTION CONTRACT DOCUMENTS, 17 9,03. INSURANCE REQUIRED. 18 ARTICLE X - DETAILS OF FINANCING 18 10,01. PRINCIPAL AMOUNT OF LOAN. 18 10.02, LOAN SERVICE FEE. 18 10.03, FINANCING RATE. 19 10.04, LOAN TERM, 19 10.05, REPAYMENT SCHEDULE. 19 10.06. PROJECT COSTS. 20 10.07. SCHEDULE. 20 10.08. SPECIAL CONDITIONS. 20 ARTICLE XI - EXECUTION OF AGREEMENT 21 11 CLEAN WATER STATE REVOLVING FUND CONSTRUCTION LOAN AGREEMENT SW132000 THIS AGREEMENT is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF MIAMI, FLORIDA, (Local Government) existing as a local governmental agency under the laws of the State of Florida, WITNESSETH: WHEREAS, pursuant to Section 403.1835, Florida Statutes naiake loans to local government agencies to finance or re pollution control facilities, the planning and design of O1 Department; and apartment is authorized to y `e the construction of stormwater e, been reviewed by the WHEREAS, funding is providedfrom the State .1 'olving Fund pro interest, which are Federally protected but which are subject to state au „repayments and e, uirements, and e financing o Department has determined that such Pioject meets all �1ziements for a loan. WHEREAS, the Local Government has made appfca rojeet, and the NOW, THEREFORE, in consideration: f the ?epirtment loaning money to the Local Government, in the principal amount and rsuatit to the eovetiunts hereinafter set forth, it is agreed as follows: 1.01. WORDS AND TE Agreement" agreement. TICLE x w T 'NUM n shan't' Meanings set forth below; ..mcnt" shall mean this design and construction loan (2) "At thdlized Repre ative" shall mean the official of the Local Government authorized by ordi orres ?Mon to sign documents rteixt associated with 411n Loan. (3) "Capitalized` ii Wit' shall mean a finance charge that accrues at the Financing Rate on Loan proceeds from the time of disbursement until six months before the first Semiannual Loan Payment is due. Capitalized Interest is financed as part of the Loan principal. (4) "Depository" shall mean a bank or trust company, having a combined capital and unimpaired surplus of not less than $50 million, authorized to transact commercial banking or savings and loan business in the State of Florida and insured by the Federal Deposit Insurance Corporation. 1 ka-rri (5) "Financing Rate" shall mean the charges, expressed as a percent per annum, imposed on the unpaid principal of the Loan, The Financing Rate shall consist of an interest rate component and a Grant Allocation Assessment rate component. (6) "Grant Allocation Assessment" shaI1 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 AIlocation Assessment moneys for making grants to financially disadvantaged small communities pursuant to Section 403.1835 of the Florida Statutes, (7) "Gross Revenues" shall mean Stormwater Utilitj received by the Local Government from the ownership or including investment income, all as calculated in aceor principles, Gross Revenues shall not include proceeds - and all income and earnings ion of its Storni.water System, th generally accepted accounting the lle or other disposition of any part of the Stormwater System, condemnation away4cor proceeds `uf insurance, except use and occupancy or business interruption insurance, reoe ed with respect tti e Stormwater System, (8) "Loan" shall mean the amount of moheyto be loaned pursuai and subsequent amendments. (9) "Loan. Application" sha required to support obtaining design an (10) "Loan Debt Service. Account'-. component of a pooled sh` or Amid accou Government for the pose of adannulating Loan Payments, e complete etion loan y Loan his Agreement am which provides all information p.cial assistance, • a separately identified egta'blished by the Local sits and making Semiannual (11) ` Jo ervice e �� h'411 u 'aii an origination fee which shall be paid to the Governinei` (13) "OM maintaining the St principles, exclusive do other items not requiring 11 mean the monthly deposit to be made by the Local punt, nance Expense" shall mean the costs of operating and determined pursuant to generally accepted accounting. any debt payable from Gross Revenues, depreciation, and any enditure of cash, (14) "Pledged Revenues" shall mean the specific revenues pledged as security for repayment of the Loan and shall be the Gross Revenues derived yearly from the operation of the Stormwater System after payment of the Operation and Maintenance Expense and the satisfaction of all yearly payment obligations on account of any senior obligations issued pursuant to Section 7.02 of this Agreement, (15) "Project" shall mean the works financed by this Loan, and shall consist of furnishing all labor, materials, and equipment to construct the stormwater project in accordance with the 2 01-FT plans and specifications accepted by the Department for the "Wagner Creek/Seybold Canal Restoration" contract. The Project is in agreement with the planning documentation accepted by the Department effective October 27, 2014, A Florida Finding of No Significant Impactwas published on April 4, 2014 and no adverse comments were received. (16) "Semiannual Loan Payment" shall mean the payment due from the Local Government to the Department at six-month intervals (17) "Stormwater Utility Fees" shall mean (18) "Stormwater Systern" shall mean all dev jji4facilities owned by the Local Government for the collection, transmission, detention ntbl 1rea1ment, and management of stormwater, 1,02. CORRELATIVE WORDS. Words of the masculine gender shall be unc1rstoodtglhiclude cone OP words of the feminine and neuter genders. Unless the context shall othi1sc indicate, the Angular shall include the plural and the word "per'S64'shall include carpcorporatious and associations, including public bodies, as well as natural perse ARTICLE II - W.ARRANTIE 2.01. WARRANTIE TATIO 'NTS, The Local Govef to corn ith the pi' ND COVENANTS ent watiltrts, representand covenants that: has a authority to enter into this Agreement and ( he Local Govetnrn,ent ctIOnitly is not the subject of bankruptcy, insolvency, or reorganizaLioaproceedings arkp.notin fault of, or otherwise subject to, any agreement or any law, administratikregulation,Phment, decree, note, resolution, charter or ordinance which would currently restrain or enjolAP from entering into, or complying with, this Agreement. (3) There is lik6ction, suit, proceeding, inquiry or investigation, at law or in equity, before any court orpublic body, pending or, to the best of the Local Government's knowledge, threatened, which seeks to restrain or enjoin the Local Government from entering into or complying with this Agreement. (4) All permits, real property interests, and approvals required as of the date of this Agreement have been obtained for construction and use of the Project. The Local Government knows of no reason why any future required permits or approvals are not obtainable. (5) The Local Government shall undertake the Project on its own responsibility, to the extent permitted by law. 3 bel+F (6) To the extent permitted by law, the Local Government shall release and hold harmless the State, its officers, members, and employees from any claim arising in connection with the Local Government's actions or omissions in its planning, engineering, administrative, and construction activities financed by this Loan or its operation of the Project. (7) All Local Government representations to the Department, pursuant to the Loan Application and Agreement, were true and accurate as of the date such representations were made. The financial information delivered by the Local Government to the Department was current and correct as of the date such information was delivered. The Local Government shall comply with Chapter 62-503, Florida Administrative Code, and all applicable State and Federal laws, rules, and regulations which are identified in the LoanADplication or Agreement. To the extent that any assurance, representation, or covenant roquireii future action, the Local Government shall take such action as is necessary for cotpLmoe. (8) The Local Government shall maintainer using gOkally accepted accounting principles established by the Governmental Accounting Standards 1113,04 As part of its bookkeeping system, the Local Government ,11411,1ceep accounts of the 50tpwater System separate from all other aecounts and it shall keep records of all revenues, expenses, and expenditures relating to the Stormwater System, anet''of ihe Pledged RevenueSAoan disbursement receipts, and Loan Dehileryice Accoun (9) In the event the anticipate1ledgd,Revenues are,Aown by the Local Government's annual budget to be insufficient to make the Seif Loan* y.,ments for such Fiscal Year when due, the Local Goverrnit shall indOle in such. et ot dtiliegally available non -ad valorem funds which ent, together withRed Revenues, to make the Semiannual Loan Piiymcnts. SuCtOther legally:4arallable noikd valorem funds shall be budgeted in the regu1a minual go4 ental bti4get and designated for the purpose provided by this Subsection and the Lot .ent shall:0119d such funds for application as provided o e „availa .,leJton-ad Vgt ds. Nothing in this covenant shall be herein. Thy )ivertim ePattin nt immediately in writing of any such budgeti , constr0 ereating a Ado, liecidtcharge tiiinany such other legally available non -ad evalorem fund.; requiring thego al UoSrnincnt to levy or appropriate ad valorem tax revenues; or preveiithg. thc 1 ocal Uoveriicnt fre*Pledging to the payment of any bonds or other obligations all part of stit4)pther legally available non -ad valorem funds. (10) Each ye khginniiig tliree months before the first Semiannual Loan Payment and ending with the year d(.1,4x,,t0 the final Loan repayment is made, the Local Government's Authorized Representative•Orits chief financial officer shall submit, pursuant to the schedule established in Section 10.07, a certification that: (a) Pledged Revenue collections satisfy, on a pro rata basis, the rate coverage requirement; (b) the Loan Debt Service Account contains the funds required; and (c) insurance, including that issued through the National Flood Insurance Program authorized under 42 U.S.C, secs. 4001-4128 when applicable, in effect for the facilities generating the Pledged Revenues, adequately covers the customary risks to the extent that such insurance is available; and (d) any given year in which Loan funds are received, the Local Government shall submit certification that the revenue generation system is in conformance with 2.01(14) and Chapter 62-503.700(2)(h)3, Florida Administrative Code. 4 1— (11)Pursuant to Section 216.347 of the Florida Statutes, the Local `Government shall not use the Loan proceeds for the purpose of lobbying the Florida Legislature, the Judicial Branch, or a State agency. (12) The Local Government agrees to construct the Project in accordance with the Project schedule, Delays incident to strikes, riots, acts of God, and other events beyond the reasonable control of the Local Government are excepted. If for any reason construction is not completedd as scheduled, there shall be no resulting diminution or delay in the Semiannual Loan Payment or the Monthly Loan Deposit. (13)The Local Government covenants that this Agree e of is entered into for the purpose of constructing, refunding, or refinancing the Project whreh„t 11 in all events serve a public purpose. The Local Government covenants that it will, i exiiconditions, complete and operate the Project to fulfill the public need. (14) The Local Government shall updaic I revenue generat`io system annually to assure that sufficient revenues are generated fb ebt service; operation` dmnaintenance; replacement of equipment, ment accessories and ay} urtei antes necessary to rr.aintain the system p 1 .f' 9 7 1'�, 'Si?. ti ff design capacity and performance during its design a and to ;tt akc the syst mfinancially self sufficient. 2.02. LEGAL AUTHORIZATION. Upon signing this Agreement, the Ltal Go` the opinion, subject to , n.g the rights of 0 (1) This Agree; constitute a valid and leg' its terms up<ution by pledge i This Agrees did and enfor counsel hereby expresses euexallythat; fed by the Local. Government and shall overnment enforceable in accordance with the reveritt ledged for repayment of the Loan, and the 2,03. AUDIT A7 MONiTOG REQZREMENTS. The Local G ; rnment +ees to the following audit and monitoring requirements. Funds provided tin t lhJ Agreement have been identified as second -tier monies under the Federal Clean Water Adt. \hieh are identified as state funds whose use is federally protected. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 5 (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$22,413,800 Treatment Facility uottd.tr Cons,,.,,,,,:,.,i 140131 (2) Audits. (a) In the event that the Local GovernM expends a total arrPiitito,f state financial assistance equal to or in excess of $500,000 in d4.fJ!,scal year ofsuch LoCalAoyernment, the Local Government must have a State single audit folichfiOnal'year in accdel*nce with Section 215,97, Florida Statutes; applicable.:#4s,,of the Departigo0';of Financial Service* and Chapters 10.550 (local governmental entities)*1.400(nonproffiSlfor-profit organizations), Rules of the Auditor General. In determining tWe'istaigifi#aricial assfkaiice expended in its fiscal year, the' Local Government shall consider all soul* of statk,financial AgOtance, including state financial assistance reeel#.09m the Department ofAVaonmental:Protection, other state agencies, and other nonstde edifies, State fit ciakaikiSidnec,,does not include Federal direct or pass -through awarkOd resources received by ii , state entity for Federal program matching requirements. ,,..: . , ;inn vvi, (b) , ,i,Hr r6vOrerneritoAddressed in the preceding paragraph (a); ;:c,,,, . , the Lo erruneff 1 en : at the 'attUtp_omplies with the requirements of Section 215.9 " „/71orida Stattk Uhi s itia es submiSgiOn of a financial reporting package as defined by Sectid. 11,-5.97(2), Florid atute'S,;':id Chapters 10.550 (local governmental entities) or 6,01 50 (noniii , and for-proftOrganizatOis), Rules of the Auditor General. (e) If the al Governt*t expends less than $500,000 in state financial assistance in its fiscal year, an audit eoduetcd,I#4'ecordance with the provisions of Section 215.97, Florida Statutes, is not required3:440;eal Government shall inform the Department of findings and reeommendations pertainifigV 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. 6 12-Rey 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,flus/Welcome/index,cfm, State of Florida's website at http:/Avww,myflorida.com/, Department of Financial ServicesWebsite at http://www.fldfs.com/ and the Auditor General's Website at http://www,state,ft,us/auclgen, (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 package shall be subinittd by or on behalf of the Local Government directly to each of the (i) The Department at the following adds: Valerie Peacock, Audit Director Florida Department of Eni#Onn*Val Office of the Inspector GOnetal. 411, Proteetrot 3900 Commonwealth Bouleiitrd, MS Tallahassee, Florida 32399-312 (ii) The Audi 'eneralkOffice at State. of Flat I . t Auditof deneral Rom,,401, Clat:d0) Aikling ,,,... adisofis•.,..t ot .;,:.:,...: ...:,..,..t.„... .„:...,;„ allahasSM 1pridaS a, 9-1456 Copies of rot* or nian4gement letters shall be submitted by or on behalf of the Local yernment diioplay to the epartment of Environmental Protection at the followi Lig ldress: 'Valerie PedOpk, Aud itDirector Office of th..8'.00 General Florida DepartiOnt of Environmental Protection 3900 Commonwealth Boulevard, MS 41 Tallahassee, Florida 32399-3123 (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. 7 such records upon request. The Local Government shall available to the Department, or its designee, Chief Fin. request for a period of five years from the date of the writing by the Department. (5) Monitoring, In addition to reviews of audi revised monitoring procedures may: staff and/or other proeedu es, By enf comply and cooperate with any monitorIn Department of Environmental Protection `in t Protection determines that. Local Government agr to the Local Govern and cooperate with an Chief Financial Officer o' 3,01. L The and begin makin Section 10,07 of t s conductedi :tide, but not to this Agre lees/prod (c) Local Governments, when submitting financial reporting packages to the Department for auditsdone 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 OeficPr, or Auditor General access to 'that working papers are made per; or Auditor General upon °l amen nt, unless extended in witted scope .edit of t comply with ate regarding such and eetion reviews, Governmentsl� c nthly Loa* hgreemery ;:with Section '3.97, F.S., as to, on -site visits ` rDepartment nt, the Local Government agrees to ps deemed appropriate by the >t the Department of Environmental i1 Goi-eanaent is appropriate, the • etiong provided by the Department ocal GOVei iment further agrees to comply igations, or audits deemed necessary by the 'MENT ACCOUNT .11 estab`li' h a Loan Debt Service Account with a Depository eposits no later than the date set forth for such action in Beginning six rnoi I pDior to each Semiannual Loan Payment, the Local Government shall make six Monthly Loa Deposits, The first five deposits each shall be at least equal to one - sixth of the Semiannual Loan Payment. The sixth Monthly Loan Deposit shall be at least equal to the amount required to make the total on deposit in the Loan Debt Service Account equal to the Semiannual Loan Payment amount,taking into consideration investment earnings credited to the account pursuant to Section 3.02. Any month in which the Local Government fails to make a required Monthly Loan Deposit, the Local Government's chief financial officer shall notify the .Department of such failure, In addition, the Local Government agrees to budget, by amendment if necessary, payment to the Department from other legally available non -ad valorem funds all sums 8 hte-A-Fr becoming due before the same become delinquent. This requirement shall not be construed to give superiority to the Department's claim on any revenues over prior claims of general creditors of the Local Government, nor shall it be construed to give the Department the power to require the Local Government to levy and collect any revenues other than Pledged Revenues, 3.02. INVESTMENT OF LOAN DEBT SERVICE ACCOUNT MONEYS. Moneys on deposit in the Loan Debt Service Account shall be invested pursuant to the laws of the State of Florida. Such moneys may be pooled for investment purposes, The maturity or redemption date of investments shall be not later than the date upon which such moneys may be needed to make Semiannual Loan Payments, The investm t.parnings shall be credited to the Loan Debt Service Account and applied toward the Month an Deposit requirements, 3.03, LOAN DEBT SERVICE ACCOUNT WITHDR4 The withdrawal of moneys from the LOO&Ont Service Acotthtshall be for the sole purpose of making the Semiannual Loan Payti#:0;;or for discharging t10 tJoeal Government's obligations pursuant to Section 8.01. 3.04, ASSETS HELD IN TRUST, The assets in all accounts create,.iiidrhis Loan grement shall be held in trust for the purposes provided herein and used onl3t0,r the'Putposes and inAhe manner prescribed in this Agreement; and, pendingsuch use, said 402 ts shall ti'poul?,ject to'FaJien and charge in favor of the Department. .Ytct changes:' to s k made by addendum to plans and spccifiit'Iops, Changes bid O'fiOng shall be"made by change order, The Local Government 011 submit a 14kddenda titidAll change orders to the Department for an eligibility determinatiorki*fter executio4all conieuction, equipment and materials contracts, the Project contingh4may be redired. 4.02. TITLE TO PR The Local Govermr'itsha11 have an interest in real property sufficient for the construction and location of the Project free and clear of liens and encumbrances which would impair the usefulness of such sites for the intended use. 4.03. PERMITS AND APPROVALS. The Local Government shall have obtained, prior to the Department's authorization to award construction contraets, all permits and approvals required for construction of the Project or portion of the Project funded under this Agreement. 4.04. ENGINEERING SERVICES. A professional engineer, registered in the State of Florida, shall be employed by, or under contract with, the Local Government to oversee construction. 4,05, PROHIBITION AGAINST ENCUMBRANCES, The Local Government is prohibited from selling, leasing, or disposing of any part of the Stormwater System which would materially reduce operational integrity or Gross Revenues so long as this Agreement, including any amendment thereto, is in effect unless the written consent of the Department is first secured. 4.06. COMPLETION MONEYS. In addition to the proceeds of this Loan, the I ca'l Gover.ient covenants that it has obtained, or will obtain., sufficient moneys from, oth 3r sources to co plete construction and place the Project in operation on, or prior to, the dat.;s ti`eCified in Article X. "ttjlure of the Department to approve additional financing shall not constit te.a waiver of the Local (J vernment's covenants to complete and place the Project in opeiyat qn. 4.07. CLOSE-OUT. The Department shall conduct Following the inspection, deadlines for s be established, along, be incorporated into,;; by any excess over the adjustment, the Semian tt. Section 10, 4.08, I oan •A count re' l' Loan des for unlr.. ent byai red to pay rnent shall ect and Project records. ;I^semcnt requests, if any, shall uirer nts, if any. Deadlines shall Jnt. Thy;.oan principal shall be reduced proved cos;s, As a result of such educed accordingly, as addressed in Dill rsemcnts shall'h fade onl by the State Chief Financial Officer and only when the requests for svt >disbursement4=aie accon allied by a Department certification that such withdrawals area per expendlt res. Disbursements shall be made directly to the Local Government for allowance costs- d reimbursement of the incurred design and construction costs and related servi' > Di l i 'ement of the allowance costs shall be made upon the Department's receipt of as # t ement request form. Up to seventy percent of the estimated allowance shall be disburses 5 after the Loan Agreement is signed. The remainder of the allowance shall be disbursed after all procurement contracts are executed and shall be adjusted to reflect as.bid costs. The entire estimated allowance may be disbursed after the Loan Agreement is signed if the local government agrees to an allowance adjustment: after all contracts have been bid, Disbursements for materials, labor, or services shall be made upon receipt of the following: (1) A completed disbursement request form signed by the Authorized Representative. Such requests must be accompanied by sufficiently itemized summariesof the materials, labor, or services to identify the nature of the work performed; the cost or charges for such work; and the person providing the service or performing the work. 10 ,101- (2) A certification signed by the Authorized Representative as to the current estimated costs of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received and applied to the project; that all funds received to date have been applied toward completing the Project; and that under the terms and provisions of the contracts, the Local Government is required to make such payments. (3) A certification by the engineer responsible for overseeing design and construction stating that equipment, materials, labor and services represented by the design and construction invoices have been satisfactorily purchased, or received, and applied to the Project in accordance withdesign and construction contract documents; stating that payment is in accordance with the design and construction contract provisions; stating that designInd construction, up to the point of the requisition, is in compliance with the contract cloct ts; and identifying all additions or deletions to the Project which have altered the Proj ect's orce standards, scope, or purpose since the issue of the Department construction permit, (4) Such other certificates or document iiengineers, attoxrte'y accountants, contractors, or suppliers as may reasonably be'z aired by the Departm i ARTICLE V - RATES AND USE Off` i" EST: 'WATER g 5.01. RATE COVERAGE. The Local Government shall maiiit in rht a, Stormwater System which will be stiff cietto pro's, 4ifi he sum of* Sere focal Goverment shall tatX anparity de 't'obligation.f equal to or exceeding. Year, In addition, tli! Revenue Obligations 5.02. MAID Ei Cl sound a 5,03. ADDI The Local Stormwater System integrity of any part oft: modifications and improvea pcl charged .for the services furnished by the in.each 'isoa1 Year, Pledged Revenues ua roan k i :yments due in such Fiscal e coverage requirements of all Senior a,YSTEM. :operate aft intain the Stormwater System in a proper, make all necessary repairs, renewals and replacements, ?JCATIONS, make any additions, modificationsor improvementsto the 's desirable and which do not materially reduce the operational water System.. All such renewals, replacements, additions, is shall become part of the Stormwater System. 5,04. COLLECTION OF REVENUES. The Local Government shall use its best efforts to collect all rates, fees and other charges due to it, The Local Government shall establish liens on premises served by the Stormwater System for the amount of all delinquent rates, fees and other charges where such action is permitted by law, The Local Government shall use its best efforts to shut off water service furnished to persons who are delinquent beyond customary grace periods in the payment of Storrnwater System rates, fees and other charges, 11 ARTICLE VI - DEFAULTS AND REMEDIES 6.01, EVENTS OF DEFAULT. Each of the following events is hereby declared an event of default: (1) Failure to make any Monthly Loan Deposit or to make any installment of the Semiannual Loan Payment when it is due and such failure shall continue for a period of 30 days. (2) Except as provided in Subsections 6,01(1) and 6.01(7), failure to comply with the provisions of this Agreement or failure in the performance or oli$Orvance of any of the covenants or actions required by this Agreement and such failure shall'inue for a period of 60 days after written notice thereof to the Local Government by f ?artrnent. (3) Any warranty, representation or other statement by, rr4 behalf of, the Local Government contained in this Agreement or in ar / information fur ii $ ed in compliance with, or in reference to, this Agreement, which is false.. i isleading. (4) An order or decree entered, with the acc uiescen appointing a receiver of any part ofoStormwate order or decree, having been entered, t the consort Government, shall not be vacated or 'id,or stayed Q entry thereof (5) Any proce purpose of effecting;, purpose of adjusting ,b hereafter enacted, if the Stormwate Local and, if ins (7) Department Any banliait�y nmen.t under fra' against the 5 5i� F of the Local and suclfilure sha 6.02. REMEDIES. trted, wi etween h creditoi creditors Gs'the Local ernment, :Gross Revenues t ereof; or if such cquiescence of the Local peal within 60 days after the of tli:""ocal Government, for the ov ribnt and its creditors or for the trsuant to any federal or state statute now or payable from Gross Revenues of the insOkVency or oilar proceeding instituted by, or against, the bankruptcy or insolvency law now or hereafter in effect ent, is not dismissed within 60 days after filing. tJ` vernment to give immediate written notice of default to the ontinue for a period of 30 days. Upon any event of default and subject to the rights of others having prior liens on the Pledged Revenues, the Department may enforce its rights by any of the following remedies: (1) By mandamus or other proceeding at law or in equity, cause to establish rates and collect fees and charges for use of the Stormwater System, and to require the Local Government to fulfill this Agreement, 12 (2) By action or suit in equity, require the Local Government to account for all moneys received from the Department or from the ownership of the Stormwater System and to account for the receipt, use, application, or disposition of the Pledged Revenues. (3) By action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the rights of the Department. (4) By applying to a court of competent jurisdiction, .cause to appoint a receiver to manage the Stormwater System, establish and collect fees and charges, and apply the revenues to the reduction of the obligations under this Agreement. (5) By certifying to the Auditor General and the Chef'`"financial Officer delinquency on loan repayments, the Department may intercept the delinq i amount plus a penalty from any *obligated funds due to the Local Government under any revc,tte,or tax sharing fund established by the State, except as otherwise provided;by the State, 'onstitution, The Department may impose a penalty in an amount not to exceed, interest rate of ls' percent per annum on the amount due in addition to charging the cost to°handle and process the debt Penalty interest shall accrue on any amount due and payable beginning on the 30th day following the date upon which payment is due. (6) By notifying financial ni ,edit rating a Qies and potential creditors. (7) By suing for payment of amq'untsdue, frbecomingftic, with interest on overdue payments together with at egsts of coileenon, ine1udi attorney }`f cs. (8) By acce1l unpaid principal of Subsection 6.01(1), 6.03. D rent se. Itch as 1.6 increa the Financing Rate on the lines the Financing Rate for a default under relay or orn1sSii' ,x y the f )apartment to exercise any right or power accruing upon event of deIt shall impai such trt; t or power or shall he construed to be a waiver of any such default er uieseence therein, and every such right and power may be exercised as often as may be deenib expedient l o`. ;waiver or any default under this Agreement shall extend to or affect any subsequcnc event of d ault, whether of the same or different provision of this Agreement, or shall iintath cod stxent rights or remedies. A TTCLE VII - TIME PLEDGED REVENUES 7,01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT. From and after the effective date of this Agreement, the Department shall have a lien on the Pledged Revenues, which along with any other Department State Revolving Fundliens on the Pledged Revenues, on equalpriority, will be prior and superior to any other lien, pledge or assignment with the following exception. All obligations of the Local Government under this Agreement shall be junior, inferior, and subordinate in all respects in right of payment and security to any additional senior obligations issued with the Department's consent pursuant to 13 beA-Fr Section 7,02. Any of the Pledged Revenues may be released from the lien on such Pledged Revenues in favor of the Department if the Department makes a determination, based upon facts deemed sufficient by the Department, that the remaining Pledged Revenues will, in each Fiscal Year, equal or exceed 1,15 times the debt service coming due in each Fiscal Year under the terms of this Agreement. 7.02, ADDITIONAL DEBT OBLIGATIONS. The Local Government may issue additional debt obligations on a parity with, or senior to, the lien of the Department on the Pledged Revenues provided, the Department's written consent is obtained. Such consent may be granted if the Local rovernment demonstrates at the time of such issuance that the Pledged Revenues, which nit e into account reasonable projections of growth of the Stormwater System and revebe r creases, plus revenues to be pledged to the additional proposed debt obligations wile±cuing 1 period of time Semiannual Loan Payments are to be made under this Agreei;equal or excoe 1,15 times the annual combined debt service requirements of this Agr e ment and the obligati.,tas proposed to be issued by the Local Government and will satisfy the ocyerage requirements of all other debt obligations secured by the Pledged Revenues, ARTICL r II - GENERA- 8,01. DISCHARGE OF OBLIGATIO All payments require deficiencies in any Fins. years thereafter until i1liy paid. all of the payments required shal Government shall have pu t? ,or s principal am o of e Lo Assesstx cli .rge no ton' h effect, De pO'lt of s from tir e t time, may be made in irre able trust with r Department. Th re shall be no Loan. 4 ur1 to of kankin ISIONS be made under firs Agreement sh all, be cumulative and any 11 be added to the poyni 1. *clue in the succeeding year and all vents shill ociiue to ie'scured by this Agreement until .illy paid lo; e Department. If at any time the Local ye made provision for the timely payment of, the entire ioable, LoService Fee, interest, and Grant Allocation. and lien b1., the Pledged Revenues to the Department shall be dent cash, securities, or investments, authorized by law, ,defeasanee of this Loan. However, the deposit shall be �stitution or trust company for the sole benefit of the malty imposed by the Department for early retirement of this 8.02. PROJECT REC(Sfil_��..., ` STATEMENTS. Books, records, reports, engineering documents, contract documents, and papers shall be available to the authorized representatives of the Department for inspection at any reasonable time after the Local Government has received a disbursement and until five years after the final amendment date, 8.03, ACCESS TO PROJECT SITE, The Local Government shall provide access to Project sites and administrative offices to authorized representatives of the Department at any reasonable time. The Local Government 14 ipr shall cause its engineers and contractors to cooperate during Project inspections, including making available working copies of plans and specifications and supplementary materials. 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. 8.05. AMENDMENT OF AGREEMENT, permitted which is inconsistent with statutes, rules, regt t orders, or written This Agreement may be amended in writing, except' no amendment shall be agreements between the Department and the U.S. EnvitV 'entalRrotection Agency. This Agreement may be amended after all design and construction cont*ts are executed to re- establish the Project cost, Loan amount, Project_OhOdule, and SemiaOttal Loan Payment amount, A final amendment establishing the fln#1 Project costs and that an Service Fee based on actual Project costs shall be completed after i'he Department's final ins -Wien of the Project records, 8.06, ANNULMENT OF AGREEM4, _ The Department may unilaterallytrunit tli Agreement. If the De ''1'0.6fiti:01aterallytiOitils thik, inb reem Local Government has not drawn any of the Loan proceeds within eighteen after tfilippetive date of this :eement,the Department will provide written notification t(f.,ihe3LocalGovemmenl,;1r 8.07. SEVERABILITY' I ' OVIit, ,ft eemen .,hU 4 4:w C h1d invalid or unenforceable, the remaining prOYiSitshall be cOlistige and-.1enforced aslf ,uch invalid or unenforceable provision had not been cot ned herein, 8.08. USE As TCHING P DS, The U.S. a ,tonmentalli Aotection Agency has provided a class deviation From the provisions of 40 CF ) to allow these second tier funds to be used as local matching requirements for most fPA gtu1 iimded treatment works projects, including special Appropriations Act projec 8.09, COMPLIANCE VERIFICATION, (1) The Local Government shall periodically interview 10% of the work force entitled to. Davis -Bacon prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates, Local Governments shall immediately conduct interviews in response to an alleged. violation of the prevailing wage requirements. As provided in 29 CFR 5.6(a)(5) all interviews must be conducted in confidence. The Local Government must use 15 tNe—A—P-1— Standard Form 1445 or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (2) The Local Government shall periodically conduct spot checks of a representative sample of weekly payroll data, to verify that contractors or subcontractors are paying the appropriate wage rates. The Local Government shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with Davis -Bacon posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor's submissionof its initial payroll data and two weeks prior to the completion date of the contract or subcontract. Local Governments must cop d et more frequent spot checks if the initial spot check or other information indicates that t ip e fsa risk that the contractor or subcontractor is not complying with Davis -Bacon. In a.d,cuing the examinations the Local Government shall verify evidence of fringe benelrt,piati and p i `ants thereunder by contractors and subcontractors who claim credit for fringe ben Vcontribution (3) The Local Government shall perk dkally review contractors dJ tl subcontractors use of apprentices and trainees to verify registration,, d eertitiea iOn with respcot' to apprenticeship and training programs approved by ert der the U.S I op trxrerit of Labor (DOL) c . state, as appropriate, and that contractors and t oa*actors aro otttising disproportionate numbers of laborers, trainees, and apprentices. Thee rt ieysis shall be conducted. in accordance with the schedules for spot checks and. intervre ;tlescri to items ` '1.) end (2) above. (4) Local Gov$; prevailing wage regi'' Parsons, Sheryl@eparrt listed at http://www.do 8.10, A l gust imin tt tints to EPA Dal.. .epa gov n`ci to the apt tl whdlnnorica2 htm. Central violations of the Davis -Bacon, con t neryl Parsons at hate DOL gage and Hour District Office ,NT, ,ocat Govern is s ib { tracts must contain requirements that all of the iron and steel produ t; used in the Pioj t are in mpliance with the American Iron and Steel Requirement .eseribed in I ,1R, 3547, 4 ,nsolidated Appropriations Act, 2014" unless the Local Governmo I as obtained ,,Waiver pertaining to the Project or the Department has advised the Local Goverrun.1ihat'the rf irernent is not applicable to the Project, 8,11, FISCAL SUSTAII.' Y PLAN (FSP). The 2014 amendments to the Federal Water Pollution Control Act (F'WPCA) require a recipient of a Loan for a project that involves the repair, replacement, or expansion of a treatment works to develop and implement a Fiscal Sustainability Plan .(FSP) or certify that it has developed and implemented such a plan, Under Section 603(d)(1)(EO(i) of that act, the Local Government shall (i) develop and implement a Fiscal Sustainability Plan that includes: an inventory of critical assets that are a part of the treatment works; an evaluation of the condition and performance of inventoried assets or asset groupings; a certification that the recipient has evaluated andwill be implementing water 16 and energy conservation efforts as part of the plan; and a plan for maintaining, repairing, and, as necessary, replacing the treatment works and a plan for funding such activities; or (ii) certify that the recipient has developed and implemented a plan that meets the requirements under (i). At a minimum, the FSP shall include: an inventory of critical assets that are part of the Project funded by this agreement; an evaluation of the condition and performance of these assets; a certification that the assistance recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan; and a plan for maintaining, repairing, and, as necessary, replacing the treatment works and a plan for funding such activities. A FSP certification is a certification by the Local Goynthent that the FSP has been developed and is being implemented, For systems that se10eilify under Section 603 (d)(1)(E)(ii), certification is due at the time of loan.,:c0frig4or systems developing an FSP under Section 603 (d)(1)(E)(i), the requirement to deve10f1 and if „lenient an FSP is a condition of the Loan Agreement and is due before the flnai dibursement ii.dPbroved. ARTICLE IX - DESIGN AND CONSTA56TION CONTRACTS'. ' p INSURANCE 9,01. AUTHORIZATION TO AWARD DESIGN AND TRUCTION .4: The following documentations qUired to receivereeeVe the Department's authorization to award construction contracts: (1) Proof of advertiing. ',•.;5.,i1,;.. (2) Award rOpninendati i,. Oiti bid propoo 14*.n responsible engineer) ;';'&,,,,,, union (certified by the (3), i.Acation ofcomplianec sy.f:Vjth„the conditions of the Department's approval of compel:i ttv�lv Ci noiiconipe itively negotiated reenteinent, if applicable. certification J1egirc1iig' obannent, Suspension, Ineligibility and Voluntary (5) Assutmee that the itoaJ Govermnent and contractors are in compliance with Section 1606 with labor stall4ds, incliOlg prevailing wage rates established for its locality by the U.S. Department of Labor fieer th&Pvis-Bacon Act for Project construction. (6) Certification 6:0611 procurement is in compliance, with Section 8.10 which states that all iron and steel products used in the Project must be produced in the United States unless (a) a waiver is provided to the Local Government by the Environmental Protection Agency (EPA) or (b) compliance would be inconsistent with United States obligations under international agreements. 9.02. SUBMITTAL OF DESIGN AND CONSTRUCTION CONTRACT DOCUMENTS. After the Department's authorization. to award design and construction contracts has been received, the Local Government shall submit: 17 (1) Contractor insurance certifications, (2) Executed Contract(s), (3) Notices to proceed with design and construction. 9.03. INSURANCE REQUIRED. The Local Government shall cause the Project, as each part thereof is certified by the engineer responsible for overseeing design and construction as completed, and the Water and Sewer Systems (hereafter referred to as "Revenue Producing :lilies") to be insured by an insurance company or companies licensed to do business in,th Stale of Florida against such damage and destruction risks as are customary for the optt�h of Revenue Producing Facilities of like size, type and location to the extent such insur S O 'tlallabI.e from time to time against any one or more of such risks, The proceeds of insurance policies recO, . as a result of dainag�to, or destruction of, the Project or the other Revenue Producing FaCilities, shall be,used to reStftor replace damaged portions of the facilities. If such proceeds are instiffit,ient, thOMocal Governi*t shall provide additional funds to restore or replaee.the damaged porltons.Qfthe facilities. Refer, construction or replacement shall be promptly cbtigete4, ARTICLE Xi; INQ _,"'•!;';:',.F FT , 10.01. PRINCIPAL A % F LOAN. The estimated',.: ncipal arnOtnit of the iis $22,413, 00, which consists of $22,413,800 to be disbursed,to thetcal Gover' ' tnt and $0 of Capitalized Interest. .. •;(,,, ' , C a; ialgterest is sburge , e LOO-al Government, but is amortized via .., ,. •:!: I+ period/' art repayrntnilOto the epartment it,were actually disbursed, Capitalized Interest annually ulhe time -wheii:t4burseMakts made ntil six months before the first are' is oom eat the FinanCI4 ate,V4ates, set for th Loan, It accrues and is compounded -- -til:. , ,..i Id -- Semiannual, Ton Payment is ' d V a „ Capi`taked Interest is estimated prior to establishing the schedule of actd" isbursementC. 10.02. LOAN SER The Loan Service Ps s estimated as $448,276 for the Loan amount authorized to. date. The fee represents two percent of the Loan amount excluding Capitalized Interest amount; that is, two percent of $22,413,800, The Loan Service Fee is estimated at the time of execution of the loan agreement and shall be revised with any increase or decrease amendment. The Loan Service Fee is based on actual Project costs and assessed in the final loan amendment. The Local Government shall pay the Loan Service Fee from the first available repayment(s) following the final amendment. 18 Capitalized Interest is computed on the assessed Loan Service Fee at the Financing. R.ate, or rates and included in the final amendment. It accrues and is compounded annually from the final amendment date until six months before the first Semiannual Loan Payment is due. 10.03. FINANCING RATE. The Financing Rate on the unpaid principal of the Loan amount specified in Section 10.01 is 0.00 percent per annum. The Financing Rate equals the sum of the interest rate and the Grant Allocation Assessment Rate. The interest rate is 0.00 percent per annum and the Grant Allocation Assessment rate is 0,00 percent per annurn. However, if this Agreement is not executed by the Local Government and returned to the Depaa ,° Ott before October 1, 2015 the Financing Rate may be adjusted. A new Financing Rate sh.1 lie established for any funds providedby amendment to this Agreement. 10.04. LOAN TERM. The Loan shall be repaid in 40 Semiait } '°Loan Payments. 10.05. REPAYMENT SCHEDULE. The Semiannual Loan PayrieX t baJ1 be compute `,b sed upon the principal amount of the Loan plus the estimated Loan Service e and the principle level debt service. The Semiannual Loan Payment amount maybe adju tod by amoh.cl ent of this Agreement, based upon revised information,. .After the final c i burse ' € t,Rf Loan ptuciceeds, the Semiannual Loan. Payment shall be based peri the actual Project costs u l Ldaft.Service>Fee and Loan Service Fee capita1h cd i iterest, if any, and will dads an 1ni'quilts of disbursements, taking into consideration any previous paylents Actual Project costs shall be established after the Department's inspection ui' •c core feted Project and associated records, The Department will deduct the Lon ervice Fed a c ` t fated inth st from the first available repayments followiz -'hia Semiannual` Payml,shall be in the amount of $571.,552 until the payment amount is ddjilsted by amen dt ,ent. Thy'interest and Grant Allocation Assessment portions of each Semianir 1 Loan Payment shall be computed, using their respective rates, on the unpaid balance of the prig w al amount, :the Loan, which includes Capitalized Interest. Interest (at the Financing Rate) also' It ll be co putcd on the estimated Loan Service Fee. The interest and Grant Allocation Assessment the unpaid balance shall be computed as of the due date of each Semiannual Loan Payme Semiannual Loan Payments shall be received by the Department beginning on October 15, 2017 and semiannually thereafter on April. 15 and. October 15 of each year until all amounts clue hereunder have been fully paid. Funds transfer shall be made by electronic means. The Semiannual Loan Payment amount is based on the total amount owed of $22,862,076, which consists of the Loan principal and the estimated Loan Service Fee. 19 beA-F-T" 10,06, PROJECT COSTS. The Local Government and the Department acknowledge that the actual Project costs have not been determined as of the effective date of this Agreement. Project cost adjustments may be made as a result of construction bidding or mutually agreed upon Project changes. Capitalized Interest will be recalculated based on actual dates and amounts of Loan disbursements. If the Local Government receives other governmental financial assistance for this Project, the costs funded by such other governmental assistance will not be financed by this Loan, The Department shall establish the final Project costs after its final inspection of the Project records. Changes in Project costs may also occur as a result an audit. The Local Government agrees to the following estimates of Project co PROJECT CATEGORY COST($) Construction and Demolition 18Q8,000 Contingencies 1,88 00 Technical Services After Bid SUBTOTAL (Disbursable Ai Capitalized Interest ° ,z;,: H' 0 TOTAL (Loann'cial,mount) °.,'.,.:. 22,413,800 10.07. SCHEDULE. The Local Go e wnetxt'a ees by executio (1) Complete Projec ; t nstruction jseheduled for'April 15, 2017. (2) The Loan Deli 8ervic c unt shall be established and Monthly Loan Deposits shall begin 4 , a1 'than 1.,725 22,413,86 shall bE Septembe (4) Tfl October 15, 201 Est Semiann 10.08. SPECIAL CO ce cation iec lt'e .under Subsection 2,01(10) of this Agreement erea the certification shall be submitted no later than the fi1eiriiannual Loan Payment is made, oan Pa ment in the amount of $571,552 shall be due Prior to any funds being reldased, the Local Government shall submit the following: (1) A certified copy of the Resolution which authorizes the application, establishes the Pledged Revenues, and designates an Authorized Representative for signing the application and executing the Loan Agreement; and (2) A Legal Opinion addressing the availability of Pledged Revenues, the right to increase rates, and subordination of the pledge, 20 ARTICLE XI - EXECUTION OF AGREEMENT This Loan Agreement SWl 32000 shall 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 Depaltaent, Attest: Todd. B. Hannon, SEAL Approved: Arnie-Maaw age', '0-" 414a,r7p 06eDiarretenti Risk Manntt for CITY OF MIA Daniel J. AlfO Manager I attest to ieopiriion expressetUn Section 2.02, 'titled Legal Authorization. endez, City Attorney ved as to Loan Documents: Fernando Casamayor, Chief Financial Officer And Jose M. Fernandez, Finance Director for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or Designee Date 21 DRAFT $22, 413,800.00 (No -Interest Loan from the State of Florida Revolving Fund) for the City of Miami's Wagner Creek/Seybold Canal Dredging and Environtnental Clean-up Project AFFIDAVIT OF JOSE M. FERNANDEZ, FINANCE DIRECTOR REGARDING AVAILABILITY OF STORMVVATER UTILITY FEES AND DEBT SERVICE COVERAGE TEST STATE OF FLORIDA COUNTY OF MIAMI-DADE ) SS: BEFORE ME, the undersigned authority, this day personally appeared Jose M. Fernandez, who upon being first duly sworn, deposes and says: 1, My name is JOSE M. FERNANDEZ and I am over eighteen (18) years of age and otherwise competent to make this Affidavit. My knowledge of the facts set forth herein is based Oil my personal experience as well as a review of the financial information and documents referred to in this affidavit 2. I am currently the Finance Director for the City of Miami ("City"). 3. Pursuant to my duties as Finance Director under the Code of the City of Miami, as amended ("City Code"), I am in chargo of the Department of Finance and administer the financial affairs of the City, including, but not limited to, the keeping and supervision of all accounts, the levy, assessment and collection of revenues, the making and collection of special assessments, the custody and disbursement of City funds and monies, the control over expenditures, and such other duties as the City Manager may direct, 4. I have reviewed the current City debt obligations in connection with the DRAFT proposed borrowing by the City and loan to the City of Twenty -Two Million, Four Hundred and Thirteen Thousand, Eight Hundred Dollars ($22,413,800,00) (excluding any interest, due to a zero percent (0%) interest rate) ("Loan") from the State of Florida Revolving Fund ("S.RF") for the City's Wagner Creek/Seybold Canal Dredging and Environmental Clean-up Project ("Project"), The City proposes to pledge legally available Stormwater Utility Fees ("Stormwater Utility Fees") to secure the Loan by a covenant to budget and appropriate on. an annual basis such Stormwater Utility Fees in order to pay debt service on the Loan. Upon the authorizations of such covenant, pledge and the Loan by a City Commission Resolution, the Loan for the Project will be secured by such Stormwater, Utility Fees. I acknowledge that this Affidavit is being relied upon by the City Attorney in connection with the requested opinion to SRF regarding the legal availability of Stormwater Utility Fees to be pledged for repayment of the Loan. I have reviewed the City's outstanding debts and have determined that (a) there are n.o prior pledges of Stormwater Utility Fees for the City's currently outstanding loans, bonds, and other debts; (b) there are no prior liens for the City's currently outstanding loans, bonds, and other debts; and (c) there are no prior covenants to `budget and appropriate the Stormwater Utility Fees for the City's currently outstanding loans, bonds, and other debts. 5. Debt Service Coverage Ratio: a. Pursuant to the trial balance provided by the City for the fiscal year ending September 30, 2014, the Stormwater Utility. Fees equaled Eleven Million, Three Hundred and Fifty -Nine Thousand, Three. Hundred and Sixty -Hind Dollars and Seventy. Five Cents ($11,359,369.75); and b. The Maximum Annual Debt Service of the City's proposed Loan from SRF for Twenty -Two Million, Four Hundred Thirteen Thousand, Eight Hundred Dollars ($22,413,800.00) (excluding capitalized interest due to a- zero percent (0%) interest rate), is equal DRAFT to Oiie Million, Ono Hundred and Twenty Thousand, Six Hundred and Ninety Dollars ($1,120,690.00); and c. The amount set forth in (a) above is 10,14 times the amount set forth in (b) above. Executed on this day of June, 2015, in Miami, Florida, Jose M. Fernandez Finance Director, City of Miami, Florida STATE OF FLORIDA } }SS COUNTY OF MIAMI-DADE} Jose M. Fernandez, as Finance Director of the City of Miami, Florida, being duly sworn, deposes and says that the attached Affidavit of Finance Director is true and correct to the best of his/her knowledge, information and belief, The foregoing instrument was acknowledged before me this day of , 2015, by who is personally known to me or who produced as identification and who did/not take an oath. NOTARY PUBLIC State of Florida My Commission Expires DRAFT DRAFT $22, 413,800.00 (A No -Interest Loan from the State of Florida Revolving Fund) for the City of.Miawi's Wagner Creelc/Seybold Canal Dredging and Environmental Clean-up Project AFFIDAVIT OF FINANCIAL ADVISOR REGARDING AVAILABILIj%fITvY OF FEESAND OVERAGE TEST STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) SS: BEFORE ME, the undersigned authority, this day personally appeared Sergio Masvidal, who upon being first duly sworn, deposes and says: 1, My name is SERGIO MASVIDAL and I am over eighteen (18) years of age and otherwise competent to make this Affidavit. My knowledge of the facts set forth herein is based on my personal experience as well as a review of the financial information and documents referred to in this affidavit. 2. My firm Public Financial Management ("PFM") and I are currently the Financial Advisors for the City of Miami ("City"), My current position at PFM is Managing Director. 3. Pursuant to my duties and PFM's duties as Financial. Advisors to the City, I coordinate with the City's Department of Finance and am familiar with the financial affairs of the City, including, but not limited to, the City's currently outstanding loans, bonds, and other debt obligations, 4, I have reviewed the current City loans, bonds and other debt obligations in connection with the proposed borrowing by the City and loan to the City of Twenty -Two Million, Four Hundred and Thirteen Thousand, Eight Hundred Dollars ($22,413,800,00) DRAFT (excluding any interest, due to a zero percent (0%) interest rate) ("Loan") from the State of Florida Revolving Fund ("SRF") for the City's Wagner Creek/Seybold Canal Dredging and Environmental Cleanup Project ("Project"). The City proposes to pledge legally available Stormwater Utility Fees ("Stormwater Utility Fees") to pay debt service on the Loan. Upon the authorizations of such covenant, pledge and the Loan by a City Commission Resolution the Loan for the Project will be secured by such Stormwater Utility lees. I acknowledge that this Affidavit is being relied upon by the City Attorney in connection with the requested opinion to SRF regarding the legal availability of Stormwater Utility Fees to be pledged for repayment of the Loan. I have reviewed the City's outstanding debts and have determined that (a) there are no prior pledges of Stormwater Utility Fees for the City's currently outstanding loans, bonds, and other debts; (b) there are no prior liens for the City's currently outstanding loans, bonds, and other debts; and (c) there are no prior covenants to budget and appropriate the Stormwater Utility Fees for the City's currently outstanding loans, bonds, and other debts. 5, Debt Service Coverage Ratio: a. Pursuant to the trial balance provided by the City of Miami (attached and incorporated) for the fiscal year ending September 30, 2014, the Stormwater Utility Fees equaled Eleven Million, Three Hundred and Fifty -Nine Thousand, Three Hundred and Sixty -Nine Dollars and Seventy -Five Cents ($1.1,359,369,75) ; and b. The Maximum Annual Debt Service of the City's proposed Loan from SRF for Twenty -Two Million, Four Hundred Thirteen Thousand, Eight Hundred Dollars ($22,413,800.00) (excluding capitalized interest due to a zero percent (0%) interest rate), is equal to One Million, One Hundred and Twenty Thousand, Six Hundred and Ninety Dollars ($1,120,690.00); and c. The amount set forth in (a) above is 10.14 tunes the amount set forth in (b) above, DRAFT Executed on this day of June, 2015, in Miami, Florida. Sergio Masvidal Managing Director, Public Financial Management STATE OF FLORIDA } }SS COUNTY OF MIAMI-DADE} Sergio Masvidal, as Managing Director of the Public Financial Management, being duly sworn, deposes and says that the attached Affidavit of Financial Advisor is true and correct to the best of his/her knowledge, information and belief. The foregoing instrument was acknowledged before me this day of 2015, by , who is personally known to me or who produced as identification and who did/not take an oath, NOTARY PUBLIC State of Florida My Commission Expires DRAFT DRAPT $22, 413,800.00 (A No -Interest Loan from the State of Florida Revolving Fund) for the City of MiamPs Wagner CreeldSeybold Canal Dredging aud Environmental Clean-up Project AFFIDAVIT OF CHRISTOPHER M. ROSE, DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET REGARDING AVAILABILITY OF STORMWATEI UTILITY FEES AND DEBT SERVICE COVERAGE TEST STATE OF FLORIDA COUNTY OF MIAMI-DADE ) SS: BEFORE ME, the undersigned authority, this day personally appeared Christopher M. Rose who upon being first duly sworn, deposes and says: 1. My name is CHRISTOPHER, M. ROSE and I am over eighteen (18) year of age and otherwise competent to make this Affidavit. My knowledge of the facts set forth herein is based on my personal experience as well as a review of the financial information and documents referred to in this affidavit 2. I am currently the Director for the City of Miami ("City") Office of Management and Budget ("OMB"). 3. Pursuant to my duties as OMB Director under the Code of the City of Miami, as amended ("City Code"), 1 am in charge of the OMB, and subject to the supervision and control of the City Manager. I manage, supervise, control, and administer the OMB and the budgeting affairs of the City, including, but not limited to, providing revenue, grants and budget management services, and such other similar services as the City Manager may direct. 4. The OMB, among other duties pursuant to the City Code, forecasts actual and projected revenues; identifies potential new sources of revenue; formulates, prepares, and evaluates the City's annual budgets; provides budgetary control through DRAFT constant monitoring of current fiscal operations, and the forecasting of future fiscal operations for City funds; provides functions which shall include: expenditure control of the financial management information system; citywide position control; monitoring all legislation authorizing appropriations through its verification of the availability of funds; undertakes special fiscal management studies as requested by the Mayor, City Commission and/or by the City Manager; provides written analyses of the budgetary impacts of all proposed legislation prior to consideration by the City Commission;. provides through the City Manager to the City Commission a budget impact analysis in accordance with the City Code; and performs such allied duties and functions as the OMB's Director may specify. 5. I have reviewed the current City debt obligations in connection with the proposed borrowing by the City and a no -interest loan to the City of Twenty -Two Million, Four Hundred and Thirteen Thousand, Eight Hundred Dollars ($22,4.13,800.00) ("Loan") from the State of Florida Revolving Fund ("SRF") for the City's Wagner Creelc/Seybold Canal Dredging and Environmental Clean-up. Project ("Project"). The City proposes to pledge legally available Stormwater Utility Fees ("Stormwater Utility Fees") to secure the Loan by a covenant to budget and appropriate on an annualbasis such Stormwater Utility Fees in order to pay debt service on the Loan. Upon the authorizations of such covenant, pledge and the Loan by a City Commission Resolution, the Loan for the Project will be secured by such Stormwater Utility Fees. l acliowledge that this Affidavit is being relied upon by the City Attorney in .connection with the requested opinion to SRF regarding the legal availability of Stormwater Utility Fees to be pledged for repayment of the Loan. I have reviewed the City's outstanding debts and have determined that (a) there are no prior pledges of Stormwater Utility Fees for the City's currently outstanding loans, bonds, and other debts; (b) there are no prior liens for the City's currently outstanding loans, bonds, and other debts; and (c) there are no prior covenants to budget and DRAFT appropriate the Stormwater Utility Fees for the City's currently outstanding loans, bonds, and other debts. 6, Debt Service Coverage Ratio: a. The total amount of Stormwater Utility Fees for the fiscal year ended September 30, 2014, was equal to Dollars ($ ); and the attached trial balance shows the amount of such Stormwater Utility Fees included in the City's 2014 Comprehensive Annual Financial Report is Dollars ($ ) included in the Franchises and Other Taxes line item under Object Code 419000 (pages attached); and b. The Maximum Annual. Debt Service of the City's proposed no -interest Loan from SRF for Twenty -Two Million, Four Hundred Thirteen Thousand, Eight Hundred Dollars ($22,413,800.00) (excluding capitalized interest due to a zero percent (0%) interest rate), is equal to Dollars ($ ) total, being approximately Dollars ($ ) per year to be budgeted and appropriated annually by the City Commission over the proposed twenty (20) year Loan repayment period; and c, The amount set forth in (a) above is times the total Loan amount set forth in (b) above; and d. My understanding is (i) that the SRF administrative fee will be two percent (2%) of the final amount of the Loan at the completion of the Project ("SRF Administrative Fee") and (ii) that the City Commission will also need to budget and appropriate the amount of the SRF Administrative Fee for payment in the fiscal year in which. the Project is completed in order to pay such SRF Administrative Fee to SRF. Executed on this day of June, 2015, in Miami, Florida. Christopher M. Rose DRAFT Director, Office of Management and. Budget, City of Miarni, Florida STATE OF FLORIDA } }SS COUNTY OF MIAMI-DADE} Christopher M. Rose, as Director, Office of Management and Budget, of the City of Miami, Florida, being duly sworn, deposes and says that the attached Affidavit of the Budget Director is true and correct to the best of his/her knowledge, information and belief. The foregoing instrument was acknowledged before me this day of 2014, by_ , who is personally known to me or who produced as identification and who did/not take an oath, NOTARY PUBLIC State of Florida My Commission Expires. DRAFT DRAFT As of 2015 Ms. Angela Knecht, Program Administrator Sandra Waters, Planner .II State Revolving Fund Management 2600 Blair Stone Road, Mail Station 3505 Tallahassee, Florida 32399-2400 Re: State of Florida Revolving Loan Fund Project No. 132000 City of Miami Project No. B-50643 Wagner Creek/Seybold Canal Dredging and Environmental Clean-up Project Dear Ms. Knecht and Ms. Waters: I am the duly appointed City Attorney for the City of Miami, Florida ("City"). The Office of the City Attorney and I are providing legal services to the City in connection with the proposed borrowing by the City of Twenty -Two Million, Four Hundred and Thirteen Thousand, Eight Hundred Dollars (S22,413,800.00) (excluding interest due to a zero percent (0%) interest rate) ("Loan") from: the State of Florida Revolving Loan Fund for the City's Wagner Creek/Seybold Canal Dredging and Environmental Clean-up Project ("Project"). Pursuant to the Constitution of the State of Florida ("Constitution"), Chapter 166, Florida Statutes, Sections 403.0891 and 403.0893, Florida Statutes, and Chapter. 18, Article VIII Stormwater Utility Fees ofthe Code of the City of Miami, as amended ("City Code"), the City proposes (a) to pledge stormwater utility fees ("Stormwater Utility Fees") to secure the Loan and (b) to covenant to budget and appropriate such Stormwater Utility Fees on an annual basis to pay debt service on the Loan. Upon the authorization of the Loan and such pledge and covenant by the City Commission, the Loan for the Project will be secured by such Stormwater Utility Fees. According to and in reliance upon the Affidavits of the City's Finance Director, Budget Director, and Financial Advisors attached and incorporated as Combined Exhibit A, the Stormwater Utility Fees have not been pledged to any other debts of the City, and are legally available to be pledged to secure and repay the Loan upon approval by the City Commission. Also pursuant to the Constitution, Chapter 166, Florida Statutes, Sections 403.0891, 403.0893, and 403.1835, Florida Statutes, and Chapter 1.8, Article VIII --Stormwater Utility Fees of the City Code, the City Commission has the ability to increase the Stormwater Utility Fees, as and if necessary, in order to repay the Loan. Sincerely, Victoria Mendez, City Attorney Combined Exhibit A- Affidavits of Finance Director, Budget Director, and Financial Advisors Co: Daniel J. Alfonso, City Manager Alice Bravo, Deputy City Manager Fernando Casamayor, Chief Financial Officer Jose M. Fernandez, Finance Director bie,19- FT Christopher Rose, Budget Director Jeovanny Rodriguez, Director, Capital Improvements Projects and Transportation (CIPT) Lai -Wan McGinnis, CITP Budget and Financial Reporting Administrator Chelsa Arscott, CITP Special Projects Coordinator Jose Lago, CIPT Project Manager Sergio Masvidal, PFM, Financial Advisor 3ekr-r- Statutes at Constitution V iew Statutes : Viliine Sunshine rage 1 or Select Year: ;2014 The 2014 Florida Statutes Title XXIX Chapter 403 PUBLIC HEALTH ENVIRONMENTAL CONTROL 403,1835 Water pollution control financial assistance.— (1) The purpose of this section is to assist in implementing the legislative declaration of public policy as contained in s, 403.021 by establishing a self-perpetuating program to accelerate the implementation of water pollution control projects. Projects and activities that may be funded are those eligible under s. 603 of the Federal Water Pollution Control Act (Clean Water Act), Pub. L. No. 92-500, as amended; including, but not limited to, planning, design, construction, and implementation of wastewater management systems, stormwater management systems, nonpoint source pollution management systems, and estuary conservation and management. (2) As used in this section and s. 403.1837, the term: (a) "Bonds" means bonds, certificates, or other obligations of indebtedness issued by the corporation under this section and s. 403.1837, (b) "Corporation" means the Florida Water Pollution Control Financing Corporation created under s, 403.1837, (c) "Local governmental agencies" refers to any municipality, county, district, or authority, or any agency thereof, or a combination of two or more of the foregoing, acting jointly in connection with.a project having jurisdiction over collection, transmission, treatment, or disposal of sewage, industrial wastes, stormwater, or other wastes and includes a district or authority whose principal responsibility is to provide airport, industrial or research park, or port facilities to the public, (3) The department may provide financial assistance through any program authorized under 33 U.S.C. s. 1383, as amended, including, but not limited to, making grants and loans, providing loan guarantees, purchasing loan insurance or other credit enhancements, and buying or refinancing local debt. This financial assistance must be administered in accordance with this section and applicable federal authorities. (a) The department may make or request the corporation to make loans to local government agencies, which may pledge any revenue available to them to repay any funds borrowed, (b) The department may make or request the corporation to make loans, grants, and deposits to other entities eligible to participate in the financial assistance programs authorized under th.e Federal Water Pollution Control Act, or as a result of other federal action, which may pledge any revenue available to them to repay any funds borrowed. Notwithstanding s. 17.57,the department may make deposits to financial institutions that earn less than the prevailing rate for United States Treasury securities that have corresponding maturities for the purpose of enabling such financial institutions to make below -market interest rate loans to entities qualified to receive loans under this section and the rules of the department, View Entire Chapter http://wwW.legstate. fi.its/statutes/index.cftn?1i7ocle=View%o20Statutes&SubMenu=1 &App... 6/29/2015 Statutes &constitution : V iew Statutes Winne Sunshine Page 2 of 4 (c) The department shall administer financial assistance so that at least 15 percent of the funding made available each year under this section is reserved for use by small communities during the year it is reserved. (d) The department may make grants to financially disadvantaged small communities, as defined in s. 403.1$38, using funds made available from grant allocations on loans authorized under subsection (4). The grants must be administered in accordance with s. 403.183. (4) The department may assess grant allocations on the loans made under this section for the purpose of making grants to financially disadvantaged small communities. (5,) The department shall prepare an annual report detailing the amount of grants, amount loaned, interest earned, grant allocations, and loans outstanding at the end of each fiscal year. (6) Prior to approval of financial assistance, the applicant shall: (a) Submit evidence of credit worthiness, loan security, and a loan repayment schedule in support of a request for a loan, (b) Submit plans and specifications and evidence of permittability in support of a request for funding of construction or other activities requiring a permit from the department. (c) Provide assurance that records will be kept using generally accepted accounting principles and that the department, the Auditor General, or their agents wilt have access to all records pertaining to the financial assistance provided. (d) Provide assurance that the subject facilities, systems, or activities will be properly operated and maintained, (e) Identify the revenues to be pledged and document their sufficiency for loan repayment and pledged revenue coverage in support of a request for a loan. (f) Provide assurance that financial information will be provided as required by the department. (g) Provide assurance that a project audit prepared by an independent certified public accountant upon project completion will be submitted to the department in support of a request for a grant. (h) Submit project planning documentation demonstrating a cost comparison of alternative methods, environmental soundness, public participation, and financial feasibility for any proposed project or activity, (7) Eligible projects must be given priority according to the extent each project is intended to remove, mitigate, or prevent adverse effects on surface or ground water quality and public health. The relative costs of achieving environmental and public health benefits must be taken into consideration during the department's assignment of project priorities. The department shall adopt a priority system by rule, In developing the priority system, the department shall give priority to projects that: (a) Eliminate public health hazards; (b) Enable compliance with laws requiring the elimination of discharges to specific water bodies, including the requirements of s. 403.086(9) regarding domestic wastewater ocean outfalls; (c) Assist in the implementation of total maximum daily loads adopted under s. 403.067; (d) Enable compliance with other pollution control requirements, including, but not limited to, toxics control, wastewater residuals management, and reduction of nutrients and bacteria; (e) Assist in the implementation of surface water improvement and management plans and pollutant load reduction gbats developed under state water policy; (f) Promote reclaimed water reuse.; (g) Eliminate failing onsite sewage treatment and disposal systems or those that are causing environmental damage; or http://www.1eg.state.fl.us/statutes/index.efra?mode=View%20Statutes&SubMenu=1&App„. 6/29/201 5 oLULLl,LLGs OC. l.ui161.11uoutwits ; V iew out s : unime sJl ls11zz1e rage 3 of 4 (h) Reduce pollutants to and otherwise promote the restoration of Florida's surface and ground waters, (8)(a) If a local governmental agency becomes delinquent on its loan, the department shall so certify to the Chief Financial Officer, who shall forward the amount delinquent to the department from any unobligated funds due to the local governmental agency under any revenue -sharing or tax -sharing fund established by the state, except as otherwise provided by the State Constitution. Certification of delinquency shall not limit the department from pursuing other remedies available for default on a loan. The department may impose a penalty for delinquent loan payments in an amount not to exceed an interest rate of 18 percent per annum on the amount due in addition to charging the cost to handle and process the debt, Penalty interest shalt accrue on any amount due and payable beginning on the 30th day following the date upon which payment is due. (b) If a loan recipient, other than a local government agency, defaults under the terms of a loan, the department may pursue any remedy available to it at law or in equity. The department may impose a penalty in an amount not to exceed an interest rate of 18 percent per annum on any amount due in addition to charging the cost to handle and process the debt. Penalty interest accrues on any amount due and payable beginning on the 30th day following the date upon which the amount is due. (9) Funds for the loans and grants authorized under this section must be managed as follows: (a) A nonlapsing trust fund with revolving loan provisions to be known as the "Wastewater Treatment. and Stormwater Management Revolving Loan Trust Fund" is established in theState Treasury to be used as a revolving fund by the department to carry out the purpose of this section, Any funds therein which are not needed on an immediate basisfor grants or loans may be invested pursuant to s. ,215,49, The cost of administering the program shall be paid from federal funds, from reasonable service fees that may be imposed upon loans, and from proceeds from the sale of loans as permitted by federal Law so as to enhance program perpetuity. Grants awarded by the Federal Government, state matching funds, and investment earnings thereon shall be deposited into the trust fund. Proceeds from the sale of loans must be deposited into the trust fund. All moneys available in the trust fund, including investment earnings, are hereby designated to carry out the purpose of this section, The principal and interest payments of all loans held by the trust fund shall be deposited into this trust fund, 1. The department may obligate moneys available in the Wastewater Treatment and Stormwater Management Revolving Loan Trust Fund for payment of amounts payable under any service contract entered into by the department under s. 403.1837, subject to annual appropriation by the Legislature. Amounts on deposit in the trust fund in each fiscal year shall first be applied or allocated for the payment of amounts payable by the department under this subparagraph and appropriated each year by the Legislature before making or providing for other disbursement from the trust fund. 2, Under the provisions of s, 19(f)(3), Art, III of the State Constitution, the Wastewater Treatment and Stormwater Management Revolving Loan Trust Fund is exempt from the termination provisions of s. 19(f)(2), Art. III of the State Constitution. (b) Revenues from the loan grant allocations authorized under subsection (4), federal appropriations used for the purpose of administering this section, and service fees, and all earnings thereon, shall be deposited into the department's Federal Grants Trust Fund. Service fees and all earnings thereon must be used solely for program administration and other water quality activities specifically authorized pursuant to the Federal Water Pollution Control Act (Clean Water Act),Pub. L. No. 92 500, as amended, and set forth in 40 C.F.R. part 35, Guidance on Fees Charged by States to Recipients of Clean Water State Revolving Fund Program Assistance. The loan grant allocation revenues and earnings thereon must be used solely for the purpose of making grants to financially disadvantaged small communities, Federal http;//www,leg, state. fL sIsla.totes/index.cfm?mode=View%a20Statutes&SubMenu-1&App.... 6/29/2015 iLL1LOS o, Lonsmunun ; v low otZ1LULeS V./111111U OLUAN11111e nago 9 appropriations and state matching funds for grants authorized by federal statute or other federal action, and earnings thereon, must be used solely for the purposes authorized, All deposits into the department's Federal Grants Trust Fund under this section, and earnings thereon, must be accounted for separately from all other moneys deposited into the fund. (10) The department may adopt rules regarding program administration; project eligibilities and priorities, including the development and management of project priority lists; financial assistance application requirements associated with planning, design, construction, and implementation activities, including environmental and engineering requirements; financial assistance agreement conditions; disbursement and repayment provisions; auditing provisions; program exceptions; the procedural and contractual relationship between the department and the corporation under s. 403.1837; and other provisions consistent with the purposes of this section. (11) Any projects for reclaimed water reuse in .Monroe County funded from the Wastewater Treatment and Stormwater Management Revolving Loan Trust Fund must take into account water balances and nutrient balances in order to prevent the runoff of pollutants into surface waters. History.—s, 1, ch. 72-723; s. 79, ch. 79-65; s. 20, ch, 86-186; s. 37, ch, 89-279; s. 34, ch. 91-305; s. 304, ch. 92-279; s. 55, ch. 92-326; s. 12, ch. 93-51; s. 375, ch, 94-356; s, 26, ch. 97-236; s. 101, ch, 98-200; s, 1, ch. 98-316; s. 23, ch, 99-205; s, 2, ch. 99-372; s. 1, ch. 2000-271; s. 15, ch. 2001-270; s. 427, ch, 2003-261; s. 11, ch, 2003-265; s. 16, ch. 2004-381; s. 9, ch. 2008-232; s. 40, ch. 2010-205; s. 1, ch. 2011-58, Copyright 0 1995-2015 The Florida Legislature • Privacy Statement • Contact Us littp://Www.leg.state,fl.usistatutes/index. ofm?mo de=V iew%20 Statutes&SubMenu=1 &App.., 6/29/2015 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 The 2014 Florida Statutes Title XXIX PUBLIC HEALTH Select Year: [201 Chapter 403 View Entire Chapter ENVIRONMENTAL CONTROL 403,0891 State, regional, and local stormwater management plans and programs. —The department, the water management districts, and local governments shatl have the responsibility for the development of mutually compatible stormwater management programs. (1) The department shall include goats in the water resource implementation rule for the proper management of stormwater, (2) Each water management district to which the state's stormwater management program is delegated shall establish district and, where appropriate, watershed or drainage basin stormwater management goals which are consistent with the goals adopted by the state and with plans adopted pursuant to ss. 373.451.-373.4595, the Surface Water Improvement and Management Act, (3)(a) Each local government required by chapter 163 to submit a comprehensive plan, whose plan is submitted after July 1, 1992, and the others when updated after July 1, 1992, in the development of its stormwater management program described by elements within its comprehensive plan shall consider the water resource implementation rule, district stormwater management goals, plans approved pursuant to the Surface Water Improvement and. Management Act, ss. 373.451-373.4595, and technical 'assistance information provided by the water management districts pursuant to s, 373.711. (b) Local governments are encouraged to consult with the water management districts, the Department of Transportation, and the department before adopting or updating their local government comprehensive plan or public facilities report as required by s. 189.08, Whichever is applicable, (4) The department, in coordination and cooperation with water management districts and local governments, shall conduct a continuing review of the costs of stormwater management systems and the effect on water quality arid quantity, and fish and wildlife values. The department, the water management districts, and local governments shall use the review for planning purposes and to establish priorities for watersheds and stormwater management systems which require better management and treatment of stormwater with emphasis on the costs and benefits of needed improvements to stormwater management systems to better meet needs for flood protection and protection of water quality, and fish and wildlife values. (5) The results of the review shall be maintained by the department and the water management districts and shall be provided to appropriate local governments or other parties on request. The results also shall be used in the development of the goats developed pursuant to subsections (1) and (2). (6) The department and the Department of Economic Opportunity, in cooperation with local governments in the coastal zone, shall develop a model stormwater management program that could be adopted by local governments. The model program shall contain dedicated funding options, including a stormwater utility fee system based upon an equitable unit cost approach. Funding options shall be designed to generate capital to retrofit existing stormwater management systems, build new treatment systems, operate facilities, and maintain and service debt, http://www.leg.statc.fl.us/statutes/index.,cfin?A.pp_inocletDisplay_Statute&Search String=... 6/29/2015 Statutes c.:onstrtutron :View Statutes : Online Sunshine Page 2 of 2 History,—s. 15, ch, 86.186; s. 32, ch, 89-279; s. 73, ch. 93.206; s. 367, ch. 94.356; s. 25, ch, 97-160; s. 23, ch, 2010.205; s. 62, ch. 2012-96; s. 86, ch. 2014-22. Copyright o 1995-2015 The Florida Legislature • Privacy Statement • Contact Us http://www.leg,state.tus/statutes/index. efin7App_rnode=Disp1ay_Statute&Search _Strizag-.., 6/29/20 [5 t.aLLites (3L uonsuwuon v iew statutes Unhine unslutie Page 1 of 1 Select Year: The 2014 Florida Statutes 2014 Title XXIX Chapter 403 View Entire Chapter PUBLIC HEALTH ENVIRONMENTAL CONTROL 403.0893 Stormwater funding; dedicated funds for stormwater management. —In addition to any other funding mechanism legally available to Local government to construct, operate, or maintain stormwater systems, a county or municipality may: (1) Create one or more stormwater utilities and adopt stormwater utility fees sufficient to plan, construct, operate, and maintain stormwater management systems set out in the local program required pursuant to s. 403.0891(3); (2) Establish and set aside, as a continuing source of revenue, other funds sufficient to plan, construct, operate, and maintain stormwater management systems set out in the local program required pursuant to s. 403.0891,(3); or (3) Create, alone or in cooperation with counties, municipalities, and special districts pursuant to the Inter -local Cooperation Act, s. 163,01, one or more stormwater management system benefit areas. AR property owners within said area may be assessed a per acreage fee to fund the planning, construction, operation, 'maintenance, and administration of a public stormwater management system for the benefited area. Any benefit area containing different land uses which receive substantially differentlevels of stormwater benefits shall include stormwater management system benefit subareas which shall be assessed different per acreage fees from subarea to subarea based upon a reasonable relationship to benefits received. The fees shall be calculated to generate sufficient funds to plan, construct, operate, and maintain stormwater management systems called for in the Local program required pursuant to s. 403.0891(3). For fees assessed pursuant to this section, counties or municipalities may use the non -ad valorem levy, collection, and enforcement method as provided for in chapter 197. History.—s. 16, ch. 86-186; s. 34, ch. 89-279, Copyright 1995-2015 The Florida Legislature • Privacy Statement • Contact Us littp://wwwleg,state.fl.us/sta,tutes/index.ofin?App_mode-Disp1ayfitatute&Search_String—.,. 6/29/201.5 Sec. 18-296.- Adjustment of stormwater utility fees, Code of' Ordinances 11_, Page 3 of 8 Sec, 18-293, Stormwater utility fee for the stormwater management system. Sec, 18-294, - Schedule of rates, Sec. 18-295. - Collection of charge. Sec. 18-296. - Adjustment of stormwater utility fees. Sec. 18-297. - City manager to keep records, Sec. 18-298, - Stormwater utility fee account. Secs. 18-299-18-499. - Reserved. ARTICLE VIII. - STORMWATER UTILITY FEES FOOTNOTE(S): --- (7) --- Editor's note —Ord. No. 13366, § 2, adopted March 14, 2013, changed the title of article Vill from "Stormwater Utility Fees and Fund" to "Stormwater utility -fees." City Code cross references —Environmental preservation, ch, 17; landfills and waterfront improvements, ch, 29; sewers and sewage disposal, ch. 49; subdivisions, ch, 55. Sec. 18-291.- Authority. -(10-14-1-1-12"—C6-1 The city is authorized by the provisions of F.S. ch, 166 and the Florida Constitution to construct, reconstruct, improve, and extend stormwater utility systems and to issue revenue bonds and other debts if needed to finance in whole or part the cost of such system and to establish just and equitable rates, fees, and charges for the services and facilities provided by the system. (Ord, No, 10395, § 1, 3-10-88; Code 1980, § 53.5-2.1) Sec. 18-292. - Findings and determinations. fal t It is hereby found, determined, and declared as follows: (1) Those elements of the system which provide for the collection of and disposal of stormwater and surface water and regu1ation of groundwater are of benefit I i and provide services to ail prop6rtAykitthiliirtkl)hTeocityincluding property not presently served by the storm ellements of the sytem, (2) https://www.municode.com/library/ 6/29/2015 See, 18-296. - Adjustment of stormwater utility fees. I Code of Ordinances I Miami, FL I ,.. Page 4 of 8 The cost of operating and maintaining the city stormwater management system and financing necessary repairs, replacements, improvements, and extension thereof should, to the extent practicable, be allocated in relationship to the benefits enjoyed and services received therefrom, (Ord. No. 10395, § 2, 3-10-88; Code 1980, § 53,5-22) Sec. 18-293. - Stormwater utility fee for the stormwater management system. [FglaiJ (a) A stormwater utility fee is hereby imposed upon each developed lot and parcel within the city for services and facilities provided by the stormwater management system, For purposes of imposing the stormwater utility fee, all lots and parcels within the city are classified into the following two customer classes: (1) Residential, (2) Nonresidential, The city manager or his designee is directed to prepare a list of lots and parcels within the city and assign a classification of residential or nonresidential to each lot or parcel, (b) There are hereby established the following procedures and criteria used to determine rates for the services and facilities of the municipal stormwater management system: (1) Hereby established are reasonable rates for stormwater management systems for each residential dwelling unit, i.e., single-family detached home, condominium unit, apartment or townhouse unit, or mobile home unit shall be billed at a flat fee as established herein for an equivalent residential unit. An equivalent residential unit is hereby defined as the statistical average horizontal impervious area of all residences in the city which have been appraised as residences by the county property appraiser's office. The total impervious area of each residence includes all areas covered by structures and impervious amenities such as, but not limited to, rooftops, patios, porches, and driveways. In the city an equivalent residential unit (ERU) equals 1,191 square feet, (2) For all nonresidential properties, i.e., enterprise, business establishment, building, or other occupancy not covered by subsection (b)(1) of this section, the rate shall be computed based on the total impervious area of the property divided by the average impervious area of an equivalent residential unit times the rate established for an equivalent residential unit. The billing amount shall be updated by the department of public works based on any additions to the impervious areas. 1 A Scr011 to Tog (Ord, No. 10395, § 3, 3-10-88; Ord, No. 10616,, 1, 7-13- 9;lCode 1980, § 53,5-23; Ord. No, 11282, § 2, 7-13-95; Ord, No. 13366, § 2, 3-14-13) https://www.munieode.comilibrary/ 6/29/2015 See, 18-296. - Adjustment of stormwater utility fees, I Code of Ordinances 1Miami, FL I Page 5 of 8 Editor's note— Ord, No. 13366, § 2, adopted March 14, 2013, changed the title of section 18-293 from "Stormwater management system fee" to "Stormwater utility fee for the stormwater management system." The historical notation has been preserved for reference purposes. Sec. 18-294. - Schedule of rates. The department of public works with the approval of the city manager shall establish the following base rates as necessary to reasonably cover the cost of providing such services which are on file in the department of public works: (1) The rates to be charged for stormwater management for each residence or dwelling unit shall be the current base rate per month, (2) The rates to be charged for nonresidential properties,i,e,, all occupancies other than provided for in subsection (1) of this section, shall be the rate established in subsection (1) (the current base rate per month) multiplied by the number of equivalent residential units. The number of equivalent residential units equals the total square footage of impervious area of the property divided by 1,191 square feet (statistically developed average for a residence in the city). Equivalent residential units will be rounded to the nearest tenth of a unit, A minimum charge based on one-half of one equivalent residential unit (0,5 ERU) will be assigned to any property calculated to be less than 0.5 ERU. (Ord. No. 10395, § 4, 3-10-88; Ord, No. 10616, § 1, -7-13-89; Code 1980, § 53.5-24; Ord, No, 11282, § 2, 7-13-95) Sec. 18-295, - Collection of charge. % IplEca The stormwater utility fee is to be paid as billed by the owner, tenant, or occupant of each lot or parcel which is subject to the stormwater utility fee. Persons using the services and facilities of the stormwater management system shall be rendered bills or statements for the use of these services and facilities of said system by one of the following methods: (1) By the Miami -Dade Water and Sewer Department of Miami -Dade County, which said bills or statements shall be payable at the same time and in the same manner and subject to the same discontinuance of service of said system of the Miami -Dade Water and Sewer Department as set forth under the terms and conditions of sections 2-340 and 2-341 of the Code of Miami - Dade County as amended. Scroll to Top (2) ht tps ://www,munieo de. com/library/ 6/29/2015 Sec, 18-296, - Adjustment of stormwater utility fees. i Code of Ordinances l Miami, FL 1 Page 6 of 8 The owner, tenant, or occupant of lots or parcels subject to the stormwater utility fee and not otherwise charged shall receive an annual or semiannual bill or statement directly from the city, which said bills or statements shall be payable within the same time limits and in the same manner and subject to the same penalties as prescribed for waste fees under sections 22-88 and 22- 89 of this Code, except that the nonpayment of the stormwater utility fee shall not cause the unpaid amount to become a lien against all improved real property subject to the stormwater utility fee. (Ord, No. 10395, § 5, 3-10-88; Code 1980, § 53.5-25; Ord. No. 11282, § 2, 7-13-95; Ord. No. 13366, § 2, 3-14-13) Sec. 18-296. Adjustment of stormwater utility fees. 1% g Ea C/A1 (a) Requests for adjustment of the stormwater utility fee shall be submitted through the director of the department of public works, herein referred to as director, who shall be given authority to administer the procedures and standards and review criteria for the adjustment ()flees as established herein. The following procedures shall apply to all adjustment requests of the stormwater utility fee: (1) Any owner, tenant or occupant who has paid his stormwater utility fees and who believes the contribution rate component of his stormwater utility fee to be unjust or inequitable may, subject to the limitations set forth in this article, submit his adjustment request to the director, (2) Adjustment requests for stormwater utility fees paid by an owner, tenant or occupant making the request shall be in writing and set forth, in detail, the grounds upon which relief is sought. (3) Adjustment requests made during the first calendar year that the stormwater utility fee is imposed will be reviewed by the director within a one-year period from the date of filing of the adjustment request. Adjustments resulting from such request shall be retroactive to the beginning of billing, but shall not exceed three years, (4) All adjustment requests for the stormwater utility fee shall be reviewed by the director within a four -month period from the date of filing of the adjustment request. Adjustments resulting from such requests shall be retroactive to the date of filing of the request, Under no circumstances will the city be financially liable beyond the time limits set forth herein, (5) The owner, tenant or occupant requesting the adjustment may be required, at his own cost, to provide supplemental information to the department of public works including, but not limited to, survey, data and engineering reports, approved by either a registered professional land surveyor (R.P.L.S.) or professional engineer (P.E.). failure to provide such information may result in the denial of the adjustment rietiacsrtto Top (6) https://www.municode.com/library/ 6/29/2015 t8-'2`)0. - Adjustment ot stormwater utility fees, I Code of Ordinances I Miami, FL I „, Page. 7 of 8 Adjustments to the stormwater utility fee will be made upon the granting of the adjustment request, in writing, by the director, All adjustments will be prorated in accordance with the established procedures of the Miami -Dade Water and Sewer Department. Denials of adjustment requests shall be made In writing by the director. (b) The following standards and review criteria shall apply to all adjustment requests of the stormwater utility fee: (1) Existing or special characteristics of the site or parcel for which the adjustment request is made will be considered. (2) The amount of on -site impervious area, (3) The design storm frequency and storm duration criteria currently in use by the department of public works at the time of the adjustment request will be the minimum accepted and the standard recognized by the director for stormwater management systems draining the public right-of-way, (4) Ponds, exfiltration systems or positive drainage facilities accepting stormwater from the public right-of-way must meet applicable city, state, and federal requirements including groundwater protection devices and outfall treatment and conveyance systems required by all governing bodies. (5) Ponds, exfiltration systems or positive drainage facilities accepting stormwater from the public right-of-way must be maintained according to city standards and must function In accordance with required city design standards, (6) Adjustments will not be granted for swimming pools, reflecting pools, existing open ditch systems, and swales, (7) Adjustments will not be granted for compliance with on -site storm drainage/retention rules and regulations for private property development. (c) Upon receipt of the written denial of the adjustment request, the owner, tenant or occupant who initially requested the adjustment may, within 30 days of receipt of such denial, apply to the director for review of the denial. (1) The director, exclusive of his designee, shall complete his review within 60 days of receipt of said request for review. The director's determination on the review shall be in writing and set forth, in detail, the reasons for his decision, (2) In reviewing denials of adjustment requests, the director, exclusive of his designee, shall apply the standards and review criteria contained in this section. In the event of a hardship the director, exclusive of his designee, may base his determination on written grounds other than those contained herein. (3) All determinations of the director arising out of this section will be final. (Ord, No. 10395, § 6, 3-10-88; Ord. No. 11076, g 1, 7-22-93; Code 1980, § 53,5-26; Ord, No. 13366, § 2, 3-14-13) Editor's note— Ord, No. 13366, § 2, adopted March 14, 2013, changed the title of section 18-296 from "Adjustment of fees' to "Adjustment pf stormwater utility fees," The historical notation has been preserA4,d`fgFicdMPeTRPurposes https://www,municode.corn/library/ 6/29/2015 o�;u. ,.o-hyV, - .u1 s4crrnwaccr uuniy reel, 1 uoae oX ordinances i Mlar1, rL 1 ... Page 8 of 8 Sec. 18-297. City manager to keep records. % (242 QJI It shall be the duty of the city manager to keep an accurate record of all persons using the services and facilities of the said municipal stormwater management system of the city and to make changes in accordance with the rates and charges established in this article. (Ord, No. 10395, § 7, 3-10-88; Code 1980, § 53,5-27) Sec.18-298, - Stormwater utility fee account. 1 E3 There shall be established a stormwater utility fee account(s), in lieu of a trust fund, for the deposit of all fees and charges collected by the stormwater utility fee, These funds shall be for the exclusive use of the stormwater management system for the following expenditures: (1) Operation and maintenance of the stormwater management system. (2) Funding of pollution abatement devices constructed on stormwater systems discharging to Biscayne Bay and its tributaries.. (3) Administrative costs associated with the management of the stormwater management system. (4) Debt service financing. (5) Expansion of the existing storm drainage system. (6) Annual fair share funding support for the Miami River commission. (7) Compliance with federal, state and county regulations, (Ord. No. 10395, 5 8, 3-10-88.; Ord. No. 10616, § 1, 7-13-89; Code 1980, § 53.5-28; Ord, No. 11282, § 2, 7-13-95; Ord, No. 11996, § 2, 11-16-00; Ord. No. 13366, § 2, 3.14-13) Editor's note— Ord. No. 13366, § 2, adopted March 14, 2013, changed the title of section 18-298 from "Stormwater utility trust funds" to "Stormwater utility fee account." The historical notation has been preserved for reference purposes, Secs. 11 8-299%ig12112 18-499. - Reserved. A. Scroll to Tap https://www.municode.com/library/ 6/29/2015