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HomeMy WebLinkAboutAgreement_General_6/13/2024_State of Florida Environmental Protect STATE REVOLVING FUND AMENDMENT 1 TO LOAN AGREEMENT DW502700 VILLAGE OF TEQUESTA This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the VILLAGE OF TEQUESTA, FLORIDA, (Project Sponsor)existing as a local governmental entity under the laws of the State of Florida. Collectively,the Department and the Project Sponsor shall be referred to as "Parties" or individually as "Party". The Department and the Project Sponsor entered into a State Revolving Fund Loan Agreement, Number DW502700; and Loan repayment activities need rescheduling to give the Project Sponsor additional time to complete construction; and Certain provisions of the Agreement need revision and several provisions need to be added to the Agreement. The Parties hereto agree as follows: 1. Section 8.15 is added to the Agreement as follows: 8.15. CIVIL RIGHTS. The Project Sponsor shall comply with all Title VI requirements of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Equal Employment Opportunity requirements (Executive Order 11246, as amended)which prohibit activities that are intentionally discriminatory and/or have a discriminatory effect based on race, color, national origin(including limited English proficiency), age, disability, or sex. 2. Section 8.16 is added to the Agreement as follows: 8.16. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. The Project Sponsor and any contractors/subcontractors are prohibited from obligating or expending any Loan or Principal Forgiveness funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. See Section 889 of Public Law 115-232 (National Defense Authorization Act 2019). Also, see 2 CFR 200.216 and 200.471. 3. Unless repayment is further deferred by amendment of the Agreement, Semiannual Loan Payments as set forth in Section 10.05 shall be received by the Department beginning on 1 May 15, 2025, and semiannually thereafter on November 15 and May 15 of each year until all amounts due under the Agreement have been fully paid. 4. The items scheduled under Section 10.07 of the Agreement are rescheduled as follows: (2) Completion of Project construction is scheduled for November 15, 2024. (3) The Loan Debt Service Account shall be established, and Monthly Loan Deposits shall begin no later than November 15, 2024. (4) The first Semiannual Loan Payment in the amount of$76,241 shall be due May 15, 2025. 5. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2 This Amendment 1 to Loan Agreement D'W502700 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 Project Sponsor 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 VILLAGE OF TEQUESTA ay or Attest: Approved as to form and legal sufficiency: C Coca .~ ` / ,©°F '7 41age Clerk V1I1age A rn oey ............... , SM SEAL INCORPORATED !1Jy11I1fl1m w1150 for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Digitally signed by Angela C Knecht Date:2024.06.21 12:13:05-04'00' Secretary or Designee Date 3 This Amendment 1 to Loan Agreement D'W502700 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 Project Sponsor 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 VILLAGE OF TEQUESTA ay or Attest: Approved as to form and legal sufficiency: C Coca .~ ` / ,©°F '7 41age Clerk V1I1age A rn oey ............... , SM SEAL INCORPORATED !1Jy11I1fl1m w1150 for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Digitally signed by Angela C Knecht Date:2024.06.21 12:13:05-04'00' Secretary or Designee Date 3