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State Revolving Fund Amendment 1 to Loan Agreement SW131300 DocuSign Envelope ID:6823BB66-EEB4-4A70-A6E5-FC2007D29BC8 („, 29 O,, STATE REVOLVING FUND AMENDMENT 1 TO LOAN AGREEMENT SW131300 CITY OF MIAMI BEACH This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF MIAMI BEACH, FLORIDA, (Local Government) existing as a local governmental entity under the laws of the State of Florida. Collectively, the Department and the Local Government shall be referred to as "Parties" or individually as "Party". The Department and the Local Government entered into a State Revolving Fund Loan Agreement,Number SW131300, authorizing a Loan amount of$7,500,000, excluding Capitalized Interest; and The Loan Amount, Semiannual Loan Payment amount, Loan Service Fee, and Project costs need adjustment to reflect actual costs; and Certain provisions of the Agreement need to be revised. The Parties hereto agree as follows: 1. The total amount awarded is reduced by $987. The revised total amount awarded is $7,499,013. • 2. The Loan Service Fee is reduced by $20, and the adjusted total service fee, rounded to the nearest dollar,for this Loan is $149,980. The fee represents two percent of the Loan amount excluding Capitalized Interest; that is,two percent of$7,499,013. 3. The total,amount of the Loan is $7,697,179.94,which consists of$7,499,013.00 disbursed to the Local Government, $48,186.94 of accrued Capitalized Interest and $149,980.00 of service fee charges. 4. The total amount remaining to repay,which amount accounts for the Department's receipt of 6 Semiannual Loan Payments is $6,592,327.64, consisting of unpaid principal of the Loan of$6,442,347.64 and an unpaid service fee charge of$149,980.00 both at a Financing Rate of 1.62 percent per annum (the interest rate is 0.81 percent per annum, and the Grant Allocation Assessment rate is 0.81 percent per annum). 5. The Semiannual Loan Payment amount, adjusted to account for repayments received to date, is hereby revised and shall be in the amount of$222,579.54. Such payments shall be received by the Department on February 15, 2021 and semiannually thereafter on August 15 and February 15 of each year until all amounts due hereunder have been fully paid. 6. Section 2:03 of the Agreement is deleted and replaced as follows: 1 DocuSign Envelope ID:6823BB66-EEB4-4A70-A6E5-FC2007D29BC8 (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 CSFA Title or State Program CSFA Fund Source Funding Appropriation Number Funding Source Number Description Amount Category Wastewater Wastewater Original Treatment and Treatment Agreement Stormwater X7.077 Facility $7,499,013 140131 Management TF Construction (2) Audits. (a) In the event that the Local Government expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such Local Government,the Local Government must have a State single audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Local Government shall consider all sources of state financial assistance, including state fmancial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. (b) In connection with the audit requirements addressed in the preceding paragraph(a); the Local Government shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. (c) If the Local Government expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. The.Local Government shall inform the Department of findings and recommendations pertaining to the State Revolving Fund in audits conducted by the Local Government in which the $750,000 threshold has not been met. In the event that the Local Government expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from m the Local Government's resources obtained from other than State entities). (d) The Local Government is hereby advised that the Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For information regarding the Florida Catalog of State Financial Assistance(CSFA), a Local DocuSign Envelope ID:6823BB66-EEB4-4A70-A6E5-FC2007D29BC8 Government should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. (3) Report Submission. (a). Copies of financial reporting packages shall be submitted by or on behalf of the Local Government directly to each of the following: (i) The Department at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3123 or Electronically: FDEPSingleAudit@dep.state.fl.us (ii) The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 (iii) Copies of reports or management letters shall be submitted by or on behalf of the Local Government directly to the Department at either of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection • Office of the Inspector General 3900 Commonwealth Boulevard,MS 40 Tallahassee, Florida 32399-3123 or Electronically: FDEPSingleAudit@dep.state.fl.us (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. 3 DocuSign Envelope ID:6823BB66-EEB4-4A70-A6E5-FC2007D29BC8 (c) Local Governments,when submitting financial reporting packages to the Department for audits done 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 received by the Local Government from their auditors 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 Officer, or Auditor General access to such records upon request. The Local Government shall ensure that working papers are made available to the Department, or its designee,Chief Financial Officer, or Auditor General upon request for a period of five years from the date of the Final Amendment,unless extended in writing by the Department. (5) Monitoring. In addition to reviews of audits conducted in accordance with Section 215.97, F.S., as revised monitoring procedures may include, but not be limited to, on-site visits by Department staff and/or other procedures. By entering into this Agreement, the Local Government agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Local Government is appropriate,the Local Government agrees to comply with any additional instructions provided by the Department to the Local Government regarding such audit. The Local Government understands its duty,pursuant to Section 20.055(5),F.S., to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. 7. Project Costs are revised as follows: The Local Government and the Department acknowledge that changes in Project costs may occur as a result of an audit. Unless this Agreement is amended subsequent to an audit, the following Project disbursements shall be final. CATEGORY PROJECT COSTS ($) Planning (Disbursable Amount) 7,499,013.00 Capitalized Interest 48,186.94 TOTAL (Loan Principal Amount) 7,547,199.94 8. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4 DocuSign Envelope ID:6823BB66-EEB4-4A70-A6E5-FC2007D29BC8 This Amendment 1 to Loan Agreement SW131300 may be executed in two or more counterparts,any of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this amendment to the Loan Agreement to be executed on its behalf by the Secretary or Designee and the Local Government has caused this amendment to be executed on its behalf by its Authorized Representative and by its affixed seal. The effective date of this amendment shall be as set forth below by the Department. for CITY OF MIAMI BEACH �111 DocuSigned by; yNwt4 /lurks 11/24/2020 111:54 AM EST 2BCA1 194070496 City Manager Attest: Approved as to form and legal sufficiency: —DocuSigned by: Nita Graaele (Ira" Cu, I 1 I _Zv \-3ACEE4E3957340E... City Clerk City Attorney tio--- SEAL uu .. ..BF-q'441 :-( .1. \,01','?.--z—.....-S. .1 i ! , . t), :INCORP ()RATED)* J . -x,9.....: ::.. ;\0) • CCN 26 for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or Designee Date 5 Granado, Rafael From: Chamberlin,Adrian Sent: Thursday, November 19, 2020 4:13 PM To: D'Agostin, Charles Cc: Granado, Rafael Subject: Reappointment of Paul Stein to Parks & Rec Hi Chuck, The Mayor would like to reappoint Paul Stein as his direct appointment to the Parks& Rec committee. Best, MIAMIBEACH Adrian Chamberlin Aide to Mayor Dan Gelber OFFICE OF THE MAYOR AND COMMISSION 1700 Convention Center Drive,4th floor, Miami Beach, FL 33139 Tel: 305-673-7000 ext. 26292/786-914-5306 (cell)/www.miamibeachfl.gov/AdrianChamberlin@miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 1 DocuSign Envelope ID:6823BB66-EEB4-4A70-A6E5-FC2007D29BC8 This Amendment 1 to Loan Agreement SW131300 may be executed in two or more counterparts, any of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this amendment to the Loan Agreement to be executed on its behalf by the Secretary or Designee and the Local Government has caused this amendment to be executed on its behalf by its Authorized Representative and by its affixed seal. The effective date of this amendment shall be as set forth below by the Department. for CITY OF MIAMI BEACH EiDocuSignnedby: /-�,- iWINI �.brattxS1/24/2020 I 11:54 AM EST 2RCA1194mn496 City Manager Attest: Approved as to form and legal sufficiency: Cla Cu/ II — 1 /8-----w City Clerk City Attorney _AO' SEAL for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or Designee Date 5 DocuSign Envelope ID:6823BB66-EEB4-4A70-A6E5-FC2007D29BC8 Calculation of Semiannual Payment for Remaining Years Sponsor: Miami Beach Funding Number: 131300 Beginning of Repayment Period: 08/15/2017 Payments Remaining: 34 Original Loan Combined Rate: 1.62 Date Balance Disbursement Comb. Int Total Owed Present Payment Forward Or Serv. Fee At At Value* At Amount 02/15/2021 02/15/2021 08/15/2020 08/15/2020 6,442,347.64 0.00 52,183.02 6,494,530.66 10/21/2020 0.00 149,980.00 778.83 150,75 8.83 Totals: 6,645,289.48 6;591,895.14 222,579.54 Totals: 6,645,289.48 6,591,895.14 222,579.54 *Present value is the total owed divided by(1+(Combined interest rate)/2) The Payment Amount is computed using the present value. Wed,21 Oct 2020 11:17 Page 1 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule*** Sponsor: Miami Beach Funding Number: 131300 Original Loan Interest: .81 GAA Rate: .81 Pmt. Serv. Fee SF Date No. Payment Paid Interest Interest Grt.All.Assmt. Principal Paid Total to Pay* 08/15/2017 0.00 0.00 0.00 0.00 0.00 0.00 5,280,338.94 02/15/2018 1 229,001.00 0.00 0.00 20,132.97 20,132.97 188,735.06 5,091,603.88 08/15/2018 2 229,001.00 0.00 0.00 21,075.13 21,075.13 186,850.74 5,879,218.14 02/15/2019 3 229,001.00 0.00 0.00 23,810.83 23,810.83 181,379.34 5,697,838.80 08/15/2019 4 229,001.00 0.00 0.00 23,076.25 23,076.25 182,848.50 5,514,990.30 02/15/2020 5 229,001.00 0.00 0.00 22,335.71 22,335.71 184,329.58. 5,330,660.72 08/15/2020 6 229,001.00 0.00 0.00 24,145.96 24,145.96 180,709.08 6,442,347.64 02/15/2021 7 222,579.54 149,980.00 778.83 26,091.51 26,091.51 19,637.69 6,422,709.95 08/15/2021 8 222,579.54 0.00 0.00 26,011.98 26,011.98 170,555.58 6,252,154.37 02/15/2022 9 222,579.54 0:00 0.00 25,321.23 25,321.23 171,937.08 6,080,217.29 08/15/2022 10 222,579.54 0.00 0.00 24,624.88 24,624.88 173,329.78 5,906,887.51 02/15/2023 11 222,579.54 0.00 0.00 23,922.89 23,922.89 174,733.76 5,732,153.75 08/15/2023 12 222,579.54 0.00 0.00 23,215.22 23,215.22 176,149.10 5,556,004.65 02/15/2024 13 222,579.54 0.00 0.00 22,501.82 22,501.82 177,575.90 5,378,428.75 08/15/2024 14 222,579.54 0.00 0.00 21,782.64 21,782.64 179,014.26 5,199,414.49 Wed,21 Oct 2020 11:17 Page 2 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule.*** Sponsor: Miami Beach Funding Number: 131300. Original Loan Interest: .81 GAA Rate: .81 Pmt. Serv. Fee SF Date No. Payment Paid Interest Interest Grt.All. Assmt. Principal Paid Total to Pay* 02/15/2025 15 222,579.54 0.00 0.00 21,057.63 21,057.63 180,46428 5,018,950.21 08/15/2025 16 222,579.54 0.00 0.00 20,326.75 20,326.75 181,926.04 4,837,024.17 02/1.5/2026 17 222,5.79.54 0.00 0.00 19,589.95 19,589.95 183,399.64 4,653,624.53 08/15/2026 18 222,579.54 0.00 0.00 18,847.18 18,847.18 184,885.18 4,468,739.35 02/15/2027 19 222,579.54 0.00 0.00 18,098.39 18,098.39 186,382.76 4,282,356.59 08/15/2027 20 222,579.54 0.00 0.00 17,343.54 17,343.54 187,892.46 4,094,464.13 02/15/2028 21 222,579.54 0.00 0.00 16,582.58 16,582.58 189;414.38 3,905,049.75 08/15/2028 22 222,579.54 0.00 0.00 15,815.45 15,815.45 190,948.64 3,714,101.11 02/15/2029 23 222,579.54 0.00 0.00 15,042.11 15,042.11 192,495.32 3,521,605.79 08/15/2029 24 222,579.54 0.00 0.00 14,262.50 14,262.50 194,054.54 3,327,551.25 02/15/2030 25 222,579.54 0.00 0.00 13,476.58 13,476.58 195,626.38 3,131,924.87 08/15/2030 26 222,579.54 0.00 0.00 12,684.30 12,684.30 197,210.94 2,934,713.93 02/15/2031 27 222,579.54 0.00 0.00 11,885.59 11,885.59 198,808.36 2,735,905.57 08/15/2031 28 222,579.54 0.00 0.00 11,080.42 11,080.42 200,418.70 2,535,486.87 02/15/2032 29 222,579.54 0.00 0.00 10,268.72 10,268.72 202,042.10 2,333,444.77 Wed,21 Oct 2020 11:17 Page 3 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule *** Sponsor: Miami Beach Funding Number: 131300 Original Loan Interest: .81 GAA Rate: .81 Pmt. Serv. Fee SF Date No. Payment Paid Interest Interest Grt. All.Assmt. Principal Paid Total to Pay* 08/15/2032 30 222,579.54 0.00 0.00 9,450.45 9,450.45 203,678.64 2,129,766.13 02/15/2033 31 222,579.54 0.00 0.00 8,625.55 8,625.55 205,328.44 1,924,437.69 08/15/2033 32 222,579.54 0.00 0.00 7,793.97 7,793.97 206,991.60 1,717,446.09 02/15/2034 33 222,579.54 0.00 0.00 6,955.66 6,955.66 208,668.22 1,508,777.87 08/15/2034 34 222,579.54 0.00 0.00 6,110.55 6,110.55 210,358.44 1,298,419.43 02/15/2035 35 222,579.54 0.00 0.00 5,258.60 5,258.60 212,062.34 1,086,357.09 08/15/2035 36 222,579.54 0.00 0.00 4,399.75 4,399.75 213,780.04 872,577:05 02/15/2036 37 222,579.54 0.00 0.00 3,533.94 3,533.94 215,511.66 657,065.39 08/15/2036 38 222,579.54 0.00 0.00 2,661.11 2,661.11 217,257.32 439,808.07 02/15/2037 39 222,579.54 0.00 0.00 1,781.22 1,781.22 219,017.10 220,790.97 08/15/2037 40 222,579.37 0.00 0.00 894.20 894.20 220,790.97 0.00 Subtotals: 8,941,710.19 149,980.00 778.83 621,875.71 621,875.71 7,547,199.94 *Total to pay may reflect activity during repayment term Wed,21 Oct 2020 11:17 Page 4 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule*** Sponsor: Miami Beach Funding Number: 131300 All Increments Combined Pmt. Serv. Fee SF Date No. Payment Paid Interest Interest Grt. All.Assmt. Principal Paid Total to Pay* 08/15/2017 0.00 0.00 0.00 0.00 0.00 0.00 5,280,338.94 02/15/2018 1 229,001.00 0.00 0.00 20,132.97 20,132.97 188,735.06 5,091,603.88 08/15/2018 2 229,001.00 0.00 0.00 21,075.13 21,075.13 186,850.74 5,879,218.14 02/15/2019 3 229,001.00 0.00 0.00 23,810.83 23,810.83 181,379.34 5,697,838.80 08/15/2019 4 229,001.00 0.00 0.00 23,076.25 23,076.25 182,848.50 5,514,990.30 02/15/2020 5 229,001.00 0.00 0.00 22,335.71 22,335.71 184,329.58 5,330,660.72 08/15/2020 6 229,001.00 0.00 0.00 24,145.96 24,145.96 180,709.08 6,442,347.64 02/15/2021 7 222,579.54 149,980.00 778.83 26,091.51 26,091.51 19,637.69 6,422,709.95 08/15/2021 8 222,579.54 0.00 0.00 26,011.98 26,011.98 170,555.58 6,252,154.37 02/15/2022 9 222,579.54 0.00 0.00 25,321.23 25,321.23 171,937.08 6,080,217.29 08/15/2022 10 222,579.54 0.00 0.00 24,624.88 24,624.88 173,329.78 5,906,887.51 02/15/2023 11 222,579.54 0.00 0.00 23,922.89 23,922.89 174,733.76. 5,732,153.75 08/15/2023 12 222,579.54 0.00 0.00 23,215.22 23,215.22 176,149.10 5,556,004.65 02/15/2024 13 222,579.54 0.00 0.00 22,501.82 22,501.82 177,575.90 5,378,428.75 08/15/2024 14 222,579.54 0.00 0.00 21,782.64 21,782.64 179,014.26 .5,199,414.49 Wed,21 Oct 2020 11:17 Page 5 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule*** Sponsor: Miami Beach Funding Number: 131300 All Increments Combined Pmt. Serv. Fee SF Date No. Payment Paid Interest Interest Grt. All.Assmt. Principal Paid Total to Pay* 02/15/2025 15 222,579.54 0.00 0.00 21,057.63 21,057.63 180,464.28 5,018,950.21 08/15/2025 16 222,579.54 0.00 0.00 20,326.75 20,326.75 181,926.04 4,837,024.17 02/15/2026 17 222,579.54 0.00 0.00 19,589.95 19,589.95 183,399.64 4,653,624.53 08/15/2026 18 222,579.54 0.00 0.00 18,847.18 18,847.18 184,885.18 4,468,739.35 02/15/2027 19 222,579.54 0.00 0.00 18,098.39 184098.39 186,382.76 4,282,356.59 08/15/2027 20 222,579.54 0.00 0.00 17,343.54 17,343.54 187,892.46 4,094,464.13 02/15/2028 21 222,579.54 0.00 0.00 16,582.58 16,582.58 189,414.38 3,905,049.75 08/15/2028 22 . 222,579.54 0.00 0.00 15,815.45 15,815.45 190,948.64 3,714,101.11 02/15/2029 23 222,579.54 0.00 0.00 15,042.11 15,042.11 192,495.32 3,521,605.79 08/15/2029 24 222,579.54 0.00 0.00 14,262.50 14,262.50 194,054.54 3,327,551.25 02/15/2030 25 222,579.54 0.00 0.00 13,476.58 13,476.58 195,626.38 3,131,924.87 08/15/2030 26 222,579.54 0.00 0.00 12,684.30 . 12,684.30 197,210.94 2,934,713.93 02/15/2031 27 222,579.54 0.00 0.00 11,885.59 11,885.59 198,808.36 2,735,905.57 08/15/2031 28 222,579.54 0.00 0.00 11,080.42 11,080.42 200,418.70 2,535,486.87 02/15/2032 29 222,579.54 0.00 0.00 10,268.72 10,268.72 202,042.10 2,333,444.77 Wed,21 Oct 2020 11:17 Page 6 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule*** Sponsor:Miami Beach Funding Number: 131300 All Increments Combined Pmt. Serv. Fee SF Date No. Payment Paid Interest Interest Grt.All. Assmt. Principal Paid Total to Pay* 08/15/2032 30 222,579.54. 0.00 0.00 9,450.45 9,450.45 203,678.64 2,129,766.13 02/15/2033 31 222,579.54 0.00 0.00 8,625.55 8,625.55 205,328.44 1,924,437.69 08/15/2033 32 222,579.54 0.00 0.00 7,793.97 7,793.97 206,991.60 1,717,446.09 02/15/2034 33 222,579.54 0.00 0.00 6,955.66 6,955.66 208,668.22 1,508,777.87 08/15/2034 34 222,579.54 0.00 0.00 6,110.55 6,110.55 210,358.44 1,298,419.43 02/15/2035 35 222,579.54 0.00 0.00 5,258.60 5,258.60 212,062.34 1,086,357.09 08/15/2035 36 222,579.54 0.00 0.00 4,399.75 4,399.75 213,780.04 872,577.05 02/15/2036 37 222,579.54 0.00 0.00 3,533.94 3,533.94 215,511.66 657,065.39 08/15/2036 38 222,579.54 0.00 0.00 2,661.11 2,661.11 217,257.32 439,808.07 02/15/2037 39 222,579.54 0.00 0.00 1,781.22 1,781.22 219,017.10 220,790.97 08/15/2037 40 222,579.37 0.00 0.00 894.20 894.20 220,790.97 0.00 Totals: 8,941,710.19 149,980.00 778.83 621,875.71 621,875.71 7,547,199.94 *Total to pay may reflect activity during repayment term Wed,21 Oct 2020 11:17 Page 7 of 7 DocuSign Envelope ID:6823BB66-EEB4-4A70-A6E5-FC2007D29BC8 STATE E REVOLVING FUND AMENDMENT 1 TO LOAN AGREEMENT SW131300 CITY OF MIAMI BEACH This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF MIAMI BEACH, FLORIDA, (Local Government) existing as a local governmental entity under the laws of the State of Florida. Collectively, the Department and the Local Government shall be referred to as "Parties" or individually as "Party". The Department and the Local Government entered into a State Revolving Fund Loan Agreement,Number SW131300, authorizing a Loan amount of$7,500,000, excluding Capitalized Interest; and The Loan Amount, Semiannual Loan Payment amount, Loan Service Fee, and Project costs need adjustment to reflect actual costs; and Certain provisions of the Agreement need to be revised. The Parties hereto agree as follows: 1. The total amount awarded is reduced by$987. The revised total amount awarded is $7,499,013. 2. The Loan Service Fee is reduced by $20, and the adjusted total service fee, rounded to the nearest dollar,for this Loan is $149,980. The fee represents two percent of the Loan amount excluding Capitalized Interest; that is, two percent of$7,499,013. 3. The total amount of the Loan is $7,697,179.94,which consists of$7,499,013.00 disbursed to the Local Government, $48,186.94 of accrued Capitalized Interest and $149,980.00 of service fee charges. 4. The total amount remaining to repay,which amount accounts for the Department's receipt of 6 Semiannual Loan Payments is $6,592,327.64, consisting of unpaid principal of the Loan of$6,442,347.64 and an unpaid service fee charge of$149,980.00 both at a Financing Rate of 1.62 percent per annum (the interest rate is 0.81 percent per annum, and the Grant Allocation Assessment rate is 0.81 percent per annum). 5.. The Semiannual Loan Payment amount, adjusted to account for repayments received to date, is hereby revised and shall be in the amount of$222,579.54. Such payments shall be received by the Department on February 15, 2021 and semiannually thereafter on August 15 and February 15 of each year until all amounts due hereunder have been fully paid. 6. Section 2.03 of the Agreement is deleted and replaced as follows: 1 DocuSign Envelope ID:6823BB66-EEB4-4A70-A6E5-FC2007D29BC8 (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 CSFA Title or State Program CSFA Fund Source Funding Appropriation Number Funding Source Number Description Amount Category Wastewater Wastewater Original Treatment and Treatment Agreement Stormwater 37.077 Facility $7,499,013 140131 Management TF Construction (2) Audits. (a) In the event that the Local Government expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such Local Government,the Local Government must have a State single audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Local Government shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. (b) In connection with the audit requirements addressed in the preceding paragraph(a); the Local Government shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. (c) If the Local Government expends less than$750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. The Local Government shall inform the Department of findings and recommendations pertaining to the State Revolving Fund in audits conducted by the Local Government in which the $750,000 threshold has not been met. In the event that the Local Government expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the Local Government's resources obtained from other than State entities). (d) The Local Government is hereby advised that the Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a Local DocuSign Envelope ID:6823BB66-EEB4-4A70-A6E5-FC2007D29BC8 Government should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. (3) Report Submission. (a) Copies of financial reporting packages shall be submitted by or on behalf,of the Local Government directly to each of the following: (i) The Department at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3123 or Electronically: FDEPSingleAudit(a dep.state.fl.us (ii) The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West.Madison Street Tallahassee, Florida 32399-1450 • (iii) Copies of reports or management letters shall be submitted by or on behalf of the Local Government directly to the Department at either of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General 3900 Commonwealth Boulevard,MS 40 Tallahassee, Florida 32399-3123 or Electronically: FDEPSingleAudit@dep.state.fl.us (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. 3 DocuSign Envelope ID:6823BB66-EEB4-4A70-A6E5-FC2007D29BC8 (c) Local Governments,when submitting financial reporting packages to the Department for audits done 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 received by the Local Government from their auditors 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 Officer, or Auditor General access to such records upon request The Local Government shall ensure that working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date of the Final Amendment, unless extended in writing by the Department. (5) Monitoring. In addition to reviews of audits conducted in accordance with Section 215.97, F.S., as revised monitoring procedures may include, but not be limited to, on-site visits by Department staff and/or other procedures. By entering into this Agreement, the Local Government agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Local Government is appropriate, the Local Government agrees to comply with any additional instructions provided by the Department to the Local Government regarding such audit. The Local Government understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Inspector General in any investigation, audit, inspection,review, or hearing. 7. Project Costs are revised as follows: The Local Government and the Department acknowledge that changes in Project costs may occur as a result of an audit. Unless this Agreement is amended subsequent to an audit, the following Project disbursements shall be final. CATEGORY PROJECT COSTS ($) Planning (Disbursable Amount) 7,499,013.00 Capitalized Interest 48,186.94 TOTAL (Loan Principal Amount) 7,547,199.94 8. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4 DocuSign Envelope ID:6823BB66-EEB4-4A70-A6E5-FC2007D29BC8 This Amendment 1 to Loan Agreement SW131300 may be executed in two or more counterparts, any of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF,the Department has caused this amendment to the Loan Agreement to be executed on its behalf by the Secretary or Designee and the Local Government has caused this amendment to be executed on its behalf by its Authorized Representative and by its affixed seal. The effective date of this amendment shall be as set forth below by the Department. for CITYOF MIAMI BEACH EiDocuSigned by: i-yo N kbratts 11/24/2020 I 11:54 AM EST 78cA1888194070496 City Manager Attest: Approved as to form and legal sufficiency: DocuSigned by: L3ACEE4E3SS734OE . arav -' l City Clerk City Attorney itii_r- SEAL for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or Designee Date 5 DocuSign Envelope ID:68236B66-EEB4-4A70-A6E5-FC2007D29BC8 Calculation of Semiannual Payment for Remaining Years Sponsor: Miami Beach Funding Number: 131300 Beginning of Repayment Period: 08/15/2017 Payments Remaining: 34 Original Loan Combined Rate: 1.62 Date Balance Disbursement Comb.Int Total Owed Present Payment Forward Or Serv. Fee At At Value* At Amount 02/15/2021 02/15/2021 08/15/2020 08/15/2020 6,442,347.64 0.00 52,183.02 6,494,530.66 10/21/2020 0.00 149,980.00 778.83 150,758.83. Totals: 6,645,289.48 6,591,895.14 222,579.54 Totals: 6,645,289.48 6,591,895.14 222,579.54 *Present value is the total owed divided by(1+(Combined interest rate)/2) The Payment Amount is computed using the present value. Wed,21 Oct 2020 11:17 Page 1 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule*** Sponsor: Miami Beach Funding Number: 131300 Original Loan Interest: .81 GAA Rate: .81 Pmt. Serv. Fee SF Date No. Payment Paid Interest Interest Grt.All.Assmt. Principal Paid Total to Pay* 08/15/2017 0.00 0.00 0.00 0.00 0.00 0.00 5,280,338.94 02/15/2018 1 229,001.00 0.00 0.00 20,132.97 20,132.97 188,735.06 5,091,603.88 08/15/2018 2 229,001.00 0.00 0.00 21,075.13 21,075.13 186,850.74 5,879,218.14 02/15/2019 3 229,001.00 0.00 0.00 23,810.83 23,810.83 181,379.34 5,697,838.80 08/15/2019 4 229,001.00 0.00 0.00 23,076.25 23,076.25 182,848.50 5,514,990.30 02/15/2020 5 229,001.00 0.00 0.00 22,335.71 22,335.71 184,329.58 5,330,660.72 08/15/2020 6 229,001.00 0.00 0.00 24,145.96 24,145.96 180,709.08 6,442,347.64 02/15/2021 7 222,579.54 149,980.00 778.83 26,091.51 26,091.51 19,637.69 6,422,709.95 08/I5/2021 8 222,579.54 0.00 0.00 26,011.98 26,011.98 170,555.58 6,252,154.37 02/15/2022 9 222,579.54 0.00 0.00 25,321.23 25,321.23 171,937.08 6,080,217.29 08/15/2022 10 222,579.54 0.00 0.00 24,624.88 24,624.88 173,329.78 5,906,887.51 02/15/2023 11 222,579.54 0.00 0.00 23,922.89 23,922.89 174,733.76 5,732,153.75 08/15/2023 12 222,579.54 0.00 0.00 23,215.22 23,215.22 176,149.10 5,556,004.65 02/15/2024 13 222,579.54 0.00 0.00 22,501.82 22,501.82 177,575.90 5,378,428.75 08/15/2024 14 222,579.54 0.00 0.00 21,782.64 21,782.64 179,014.26 5,199,414.49 Wed,21 Oct 2020 11:17 Page 2 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule*** Sponsor: Miami Beach Funding Number: 131300 Original Loan Interest: .81 GAA Rate: .81 Pmt. Serv. Fee SF Date No. Payment Paid Interest Interest Grt.All. Assmt. Principal Paid Total to Pay* 02/15/2025 15 222,579.54 0.00 0.00 21,057.63 21,057.63 180,464.28 5,018,950.21 08/15/2025 16 222,579.54 0.00. 0.00 20,326.75 20,326.75 181,926.04 4,837,024.17 02/15/2026 17 222,579.54 0.00 0.00 19,589.95 19,589.95 183,399.64 4,653,624.53 08/15/2026 18 222,579.54 0.00 0.00 18,847.18 18,847.18 184,885.18 4,468,739.35 02/15/2027 19 222,579.54 0.00 0.00 18,098.39 18,098.39 186,382.76 4,282,356.59 08/15/2027 20 222,579.54 0.00 0.00 17,343.54 17,343.54 187,892.46 4,094,464.13 02/15/2028 21 222,579.54 0.00 0.00 16,582.58 16,582.58 189,414.38 3,905,049.75 08/15/2028 22 222,579.54 0.00 0.00 15,815.45 15,815.45 190,948:64 3,714,101.11 02/15/2029 23 222,579.54 0.00 0.00 15,042.11 15,042.11 192,495.32 3,521,605.79 08/15/2029 24 222,579.54 0.00 0.00 14,262.50 14,262.50 194,054.54 3,327,551.25 02/15/2030 25 222,579.54 0.00 0.00 13,476.58 13,476.58 1.95,626.38 3,131,924.87 08/15/2030 26 222,579.54 0.00 0.00 12,684.30 12,684.30 197,210.94 2,934,713.93 02/15/2031 27 222,579.54 0.00 0.00 11,885.59 11,885.59 198,808.36 2,735,905.57 08/15/2031 28 222,579.54 0.00 0.00 11,080.42 11,080.42 200,418.70 2,535,486.87 02/15/2032 29 222,579.54 0.00 0.00 10,268.72 10,268.72 202,042.10 2,333,444.77 Wed,21 Oct 2020 11:17 Page 3 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule *** Sponsor: Miami Beach Funding Number: 131300 Original Loan Interest: .81 GAA Rate: .81 Pmt. Serv. Fee SF Date No. Payment Paid Interest Interest Grt. All.Assmt. Principal Paid Total to Pay* 08/15/2032 30 222,579.54 0.00 0.00 9,450.45 9,450.45 203,678.64 2,129,766.13 02/15/2033 31 222,579.54 0.00 0.00 8,625.55 8,625.55 205,328.44 1,924,437.69 08/15/2033 32 222,579.54 0.00 0.00 7,793.97 7,793.97 206,991.60 1,717,446.09 02/15/2034 33 222,579.54 .0.00 0.00 6,955.66 6,955.66 208,668.22 1,508,777.87 08/15/2034 34 222,579.54 0.00 0.00 6,110.55 6,110.55 210,358.44 1,298,419.43 02/15/2035 35 222,579.54 0.00 0.00 5,258.60 5,258.60 212,062.34 1,086,357.09 08/15/2035 36 222,579.54 0.00 0.00 4,399.75 4,399.75 213,780.04 872,577.05 02/15/2036 3.7 222,579.54 0.00 0.00 3,533.94 3,533.94 215,511.66 657,065.39 08/15/2036 38 222,579.54 0.00 0.00 2,661.11 2,661.11 217,257.32 439,808.07 02/15/2037 39 222,579.54 0.00 0.00 1,781.22 1,781.22 219,017.10 220,790.97 08/15/2037 40 222,579.37 0.00 0.00 894.20 894.20 220,790.97 0.00 Subtotals: 8,941,710.19 149,980.00 778.83 621,875.71 621,875.71 7,547,1.99.94 *Total to pay may reflect activity during repayment term Wed,21 Oct 2020 11:17 Page 4 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule*** Sponsor: Miami Beach Funding Number: 131300 All Increments Combined Pint. Serv.Fee SF Date No. Payment Paid Interest Interest Grt.All.Assmt. Principal Paid Total to Pay* 08/15/2017 0.00 0.00 0.00 0.00 0.00 0.00 5,280,338.94 02/15/2018 1 229,001.00 0.00 0.00 20,132.97 20,132.97 188,735.06 5,091,603.88 08/15/2018 2 229,001.00 0.00 0.00 21,075.13 21,075.13 186,850.74 5,879,218.14 02/15/2019 3 229,001.00 0.00 0.00 23,810.83 23,810.83 181,379.34 5,697,838.80 08/15/2019 4 229,001.00 0.00 0.00 23,076.25 23,076.25 182,848.50 5,514,990.30 02/15/2020 5 229,001.00 0.00 0.00 22,335.71 22,335.71 184,329.58 5,330,660.72 08/15/2020 6 229,001.00 0.00 0.00 24,145.96 24,145.96 180,709.08 6,442,347.64 02/15/2021 7 222,579.54 149,980.00 778.83 26,091.51 26,091.51 19,637.69 6,422,709.95 08/15/2021 8 222,579.54 0.00 0.00 26,011.98 26,011.98 170,555.58 6,252,154.37 02/15/2022 9 222,579.54 0.00 0.00 25,321.23 25,321.23 171,937.08 6,080,217.29 08/15/2022 10 222,579.54 0.00 0.00 .24,624.88 24,624.88 173,329.78 5,906,887.51 02/15/2023 11 222,579.54 0.00 0.00 23,922.89 23,922.89 174,733.76 5,732,153.75 08/15/2023 12 222,579.54 0.00 0.00 23,215.22 23,215.22 176,149.10 5,556,004.65 02/15/2024 13 222,579.54 0.00 0.00 22,501.82 22,501.82 177,575.90 5,378,428.75 08/15/2024 14 222,579.54 0.00 0.00 21,782.64 21,782.64 179,014.26 5,199,414.49 Wed,21 Oct 2020 11:17 Page 5 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule*** Sponsor: Miami Beach Funding Number: 131300 All Increments Combined Pmt. Serv. Fee SF Date No. Payment Paid Interest Interest Grt. All.Assmt. Principal Paid Total to Pay* 02/15/2025 15 222,579.54 0.00 0:00 21,057.63 21,057.63 180,464.28 5,018,950.21 08/15/2025 16 222,579.54 0.00 0.00 20,326.75 20,326.75 181,926.04 4,837,024.17 02/15/2026 17 222,579.54 0.00 0.00 19,589.95 19,589.95 183,399.64 4,653,624.53 08/15/2026 18 222,579.54 0.00 0.00 18,847.18 18,847.18 184,885.18 4,468,73935 02/15/2027 19 222,579.54 0.00 0.00 18,098.39 18,098.39 186,382.76 4,282,356.59 08/15/2027 20 222,579.54 0.00 0.00 17,343.54 17,343.54 187,892.46 4,094,464.13 02/15/2028 21 222,579.54 0.00 0.00 16,582.58 16,582.58 189,414.38 3,905,049.75 08/15/2028 22 222,579.54 0.00 0.00 15,815.45 15,815.45 190,948.64 3,714,101.11 02/15/2029 23 222,579.54 0.00 0.00 15,042.11 15,042.11 192,495.32 3,521,605.79 08/15/2029 24 222,579.54 0.00 0.00 14,262.50 14,262.50 194,054.54 3,327,551.25 02/15/2030 25 222,579.54 0.00 0.00 13,476.58 13,476.58 195,626.38 3,131,924.87 08/15/2030 26 222,579.54 0.00 0.00 12,684.30 12,684.30 197,210.94 2,934,713.93 02/15/2031 27 222,579.54 0.00 0.00 11,885.59 11,885.59 198,808.36 2,735,905.57 08/15/2031 28 222,579.54 0.00 0.00 11,080.42 11,080.42 200,418.70 2,535,486.87 02/15/2032 29 222,579.54 0.00 0.00 10,268.72 1.0,268.72 202,042.10 2,333,444.77 Wed,21 Oct 2020 11:17 Page 6 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule *** Sponsor: Miami Beach Funding Number: 131300 All.Increments Combined Pmt. Serv. Fee SF Date No. Payment Paid Interest Interest Grt. All.Assmt. Principal Paid Total to Pay* 08/15/2032 30 222,579.54 0.00 0.00 9,450.45 9,450.45 203,678.64 2,129,766.13 02/15/2033 31 222,579.54 0.00 0.00 8,625.55 8,625.55 205,328.44 1,924,437.69 08/15/2033 32 222,579.54 0.00 0.00 7,793.97 7,793.97 206,991.60 1,717,446.09 02/15/2034 33 222,579.54 0.00 0.00 6,955.66 6,955.66 208,668.22 1,508,777.87 08/15/2034 34 222,579.54 0.00 0.00 6,110.55 6,110.55 210,358.44 1,298,419.43 02/15/2035 35 222,579.54 0.00 0.00 5,258.60 5,258.60 212,062.34 1,086,357.09 08/15/2035 36 222,579.54 0.00 0.00 4,399.75 4,399.75 213,780.04 872,577.05 02/15/2036 37 222,579.54 0.00 0.00 3,533.94 3,533.94 215,511.66 657,065.39 08/15/2036 38 222,579.54 0.00 0.00 2,661.11 2,661.11 217,257.32 43.9,808.07 02/15/2037 39 222,579.54 0.00 0.00 1,781.22 1,781.22 219,017.10 220,790.97 08/15/2037 40 222,579.37 0.00 0.00 894.20 894.20 220,790.97 0.00 Totals: 8,941,710.19 149,980.00 778.83 621,875.71. 621,875.71 7,547,199.94 *Total to pay may reflect activity during repayment term Wed,21 Oct 2020 11:17 Page 7 of 7 DocuSign Envelope ID:6823BB66-EEB4-4A70-A6E5-FC2007D29BC8 GRANTS AND INTERGOVERNMENTAL AFFAIRS DATE: November 19, 2020 TO:. Jimmy L. Morales, City Manager FROM: Judy Hoanshelt Dousfg^odhyFAAFG i SUBJECT: Department of Environmental Protection, State Revolving Fund, Amendment 1 Routing John Woodruff � w o«ospom ey: Marcia Monserrat � a Ittem,semt For: Review and approval X City Manager's Signature Comments: The Administration was granted approval for the original State Revolving Loan at the July 12, 2016 City Commission meeting. Reso No. 2016- 29486. This amendment revises certain terms of the loan, including the Loan Amount from $7,500,000 to $7,499,013, and the repayment terms and amount. Funding Agency: State of Florida, Department of Environmental Protection Loan Name: State Revolving Fund Amount Awarded: $7,499,013 (reduced by$987). Return to: Ariadna Natteri Date Needed: 11/20/20