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Home My Public Portal AboutClean Water State Revolving Fund Loan WW460730 - Res. 2022-6STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION n6m. CITY OF CRESTVIEW, FLORIDA CLEAN WATER STATE REVOLVING FUND PLANNING LOAN AGREEMENT WW460730 Florida Department of Environmental Protection State Revolving Fund Program Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard, MS 3505 Tallahassee, Florida 32399-3000 CLEAN WATER STATE REVOLVING FUND PLANNING LOAN AGREEMENT CONTENTS PAGE ARTICLE I - DEFINITIONS 1 1.01. WORDS AND TERMS. 1 1.02. CORRELATIVE WORDS. 3 ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS 4 2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS. 4 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 DEBT SERVICE ACCOUNT WITHDRAWALS. 9 3.04. ASSETS HELD IN TRUST. 9 ARTICLE IV - PROJECT INFORMATION 9 4.01. RESERVED. 9 4.02. CLOSE-OUT. 9 4.03. LOAN DISBURSEMENTS. 9 ARTICLE V - RATES AND USE OF THE UTILITY SYSTEM 10 5.01. RATE COVERAGE. 10 5.02. NO FREE SERVICE. 10 5.03. MANDATORY CONNECTIONS. 10 5.04. NO COMPETING SERVICE. 10 5.05. MAINTENANCE OF THE UTILITY SYSTEM. 11 5.06. ADDITIONS AND MODIFICATIONS. 11 5.07. COLLECTION OF REVENUES. 11 ARTICLE VI - DEFAULTS AND REMEDIES 11 6.01. EVENTS OF DEFAULT. 11 6.02. REMEDIES. 12 6.03. DELAY AND WAIVER. 13 ARTICLE VII - THE PLEDGED REVENUES 13 7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT. 13 7.02. ADDITIONAL DEBT OBLIGATIONS. 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 8.05. AMENDMENT OF AGREEMENT. 15 CLEAN WATER STATE REVOLVING FUND PLANNING LOAN AGREEMENT CONTENTS PAGE 8.06. ABANDONMENT, TERMINATION OR VOLUNTARY CANCELLATION. 15 8.07. SEVERABILITY CLAUSE. 15 8.08. USE AS MATCHING FUNDS. 16 8.09. PUBLIC RECORDS ACCESS. 16 8.10. SCRUTINIZED COMPANIES. 16 8.11. SUSPENSION. 17 ARTICLE IX - RESERVED 18 ARTICLE X - DETAILS OF FINANCING 18 10.01. PRINCIPAL AMOUNT OF LOAN. 18 10.02. LOAN SERVICE FEE. 18 10.03. FINANCING RATE. 18 10.04. LOAN TERM. 18 10.05. REPAYMENT SCHEDULE. 18 10.06. PROJECT COSTS. 19 10.07. SCHEDULE. 19 10.08. SPECIAL CONDITION. 20 ARTICLE XI - EXECUTION OF AGREEMENT 21 ii CLEAN WATER STATE REVOLVING FUND PLANNING LOAN AGREEMENT 1 I "k ' ifly it THIS AGREEMENT is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF CRESTVIEW, 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 "Parry". RECITALS Pursuant to Section 403.1835, Florida Statutes and Chapter 62-503, Florida Administrative Code, the Department is authorized to make loans to finance the planning, design and construction of wastewater pollution control facilities; and The Local Government applied for the financing of Planning Activities and the Department has determined that all requirements for a loan have been met. AGREEMENT In consideration of the Department loaning money to the Local Government, in the principal amount and pursuant to the covenants set forth below, it is agreed as follows: ARTICLE I - DEFINITIONS 1.01. WORDS AND TERMS. Words and terms used herein shall have the meanings set forth below: (1) "Agreement" or "Loan Agreement" shall mean this agreement. (2) "Authorized Representative" shall mean the official of the Local Government authorized by ordinance or resolution to sign documents associated with the Loan. (3) "Capitalized Interest" shall mean the 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. (5) "Final Amendment" shall mean the final agreement executed between the parties that establishes the final terms for the Loan such as the final Loan amount, the interest rate, Loan Service Fee, amortization schedule and Semiannual Loan Payment amount. (6) "Final Unilateral Amendment" shall mean the Loan Agreement unilaterally finalized by the Department after Loan Agreement and Project abandonment under Section 8.06 that establishes the final amortization schedule for the Loan. (7) "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. (8) "Grant Allocation Assessment" shall mean an assessment, expressed as a percent per annum, accruing on the unpaid balance of the Loan. It is computed similarly to the way interest charged on the Loan is computed and is included in the Semiannual Loan Payment. The Department will use Grant Allocation Assessment moneys for making grants to financially disadvantaged small communities pursuant to Section 403.1835 of the Florida Statutes. (9) "Gross Revenues" shall mean all income or earnings received by the Local Government from the ownership or operation of its Utility System, including investment income, all as calculated in accordance with generally accepted accounting principles. Gross Revenues shall not include proceeds from the sale or other disposition of any part of the Utility System, condemnation awards or proceeds of insurance, except use and occupancy or business interruption insurance, received with respect to the Utility System. (10) "Loan" shall mean the amount of money to be loaned pursuant to this Agreement and subsequent amendments. (11) "Loan Application" shall mean the completed form which provides all information required to support obtaining loan financial assistance from the Department. (12) "Loan Debt Service Account" shall mean an account, or a separately identified component of a pooled cash or liquid account, with a Depository established by the Local Government for the purpose of accumulating Monthly Loan Deposits and making Semiannual Loan Payments. (13) "Loan Service Fee" shall mean an origination fee which shall be paid to the Department by the Local Government. (14) "Local Governmental Entity" means a county, municipality, or special district. (15) "Monthly Loan Deposit" shall mean the monthly deposit to be made by the Local Government to the Loan Debt Service Account. (16) "Operation and Maintenance Expense" shall mean the costs of operating and maintaining the Utility System determined pursuant to generally accepted accounting principles, exclusive of interest on any debt payable from Gross Revenues, depreciation, and any other items not requiring the expenditure of cash. (17) "Parity Debt" shall mean any debt obligations issued that are on an equal commercial lien position with this Loan. 2 (18) "Planning Activities" shall mean the planning or administrative work necessary for the Local Government to qualify for Clean Water State Revolving Fund financing for construction of wastewater transmission, collection, reuse, and treatment facilities. (19) "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 Utility System after payment of the Operation and Maintenance Expense and the satisfaction of all yearly payment obligations on account of the Senior Revenue Debt and any senior or parity obligations issued pursuant to Section 7.02 of this Agreement. (20) "Project" shall mean the Planning Activities for effluent disposal expansion. (21) "Semiannual Loan Payment" shall mean the payment due from the Local Government to the Department at six-month intervals. (22) "Senior Revenue Debt" shall mean the following debt obligations: (a) City of Crestview, Florida, Water and Sewer System Refunding and Improvement Revenue Bonds, Series 2015, issued in the amount not to exceed $7,500,000, pursuant to Resolution No. 15-24, as amended by Resolution 15-27; and (b) City of Crestview, Florida, Water and Sewer System Revenue Bonds, Series 2016, issued in the amount not to exceed $6,000,000, pursuant to Resolution No. 16-05; and (c) City of Crestview, Florida, Water and Sewer System Revenue Bonds, Series 2021, issued in the amount not to exceed $5,075,000, pursuant to Resolution No. 16-05, as supplemented by Resolution No. 2022-6; and (d) Any refunding bonds issued to refund the obligations identified above provided such bonds shall not increase annual debt service during the repayment period of this Loan. (23) "Sewer System" shall mean all facilities owned by the Local Government for collection, transmission, treatment and reuse of wastewater and its residuals. (24) "Utility System" shall mean all devices and facilities of the Water System and Sewer System owned by the Local Government. (25) "Water System" shall mean all facilities owned by the Local Government for supplying and distributing water for residential, commercial, industrial, and governmental use. 1.02. CORRELATIVE WORDS. Words of the masculine gender shall be understood to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural and the word "person" shall include corporations and associations, including public entities, as well as natural persons. ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS 2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS. The Local Government warrants, represents and covenants that: (1) The Local Government has full power and authority to enter into this Agreement and to comply with the provisions hereof. (2) The Local Government currently is not the subject of bankruptcy, insolvency, or reorganization proceedings and is not in default of, or otherwise subject to, any agreement or any law, administrative regulation, judgment, decree, note, resolution, charter or ordinance which would currently restrain or enjoin it from entering into, or complying with, this Agreement. (3) There is no material action, suit, proceeding, inquiry or investigation, at law or in equity, before any court or public 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) The Local Government shall undertake the Project on its own responsibility, to the extent permitted by law. (5) 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 Activities financed by this Loan. (6) 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 Loan Application or Agreement. To the extent that any assurance, representation, or covenant requires a future action, the Local Government shall take such action to comply with this agreement. (7) The Local Government shall maintain records using generally accepted accounting principles established by the Governmental Accounting Standards Board. As part of its bookkeeping system, the Local Government shall keep accounts of the Utility System separate from all other accounts and it shall keep accurate records of all revenues, expenses, and expenditures relating to the Utility System, and of the Pledged Revenues, Loan disbursement receipts, and Loan Debt Service Account. (8) In the event the anticipated Pledged Revenues are shown by the Local Government's annual budget to be insufficient to make the Semiannual Loan Payments for such Fiscal Year when due, the Local Government shall include in such budget other legally available non -ad valorem funds which will be sufficient, together with the Pledged Revenues, to make the Semiannual Loan Payments. Such other legally available non -ad valorem funds shall be 2 budgeted in the regular annual governmental budget and designated for the purpose provided by this Subsection, and the Local Government shall collect such funds for application as provided herein. The Local Government shall notify the Department immediately in writing of any such budgeting of other legally available non -ad valorem funds. Nothing in this covenant shall be construed as creating a pledge, lien, or charge upon any such other legally available non -ad valorem funds; requiring the Local Government to levy or appropriate ad valorem tax revenues; or preventing the Local Government from pledging to the payment of any bonds or other obligations all or any part of such other legally available non -ad valorem funds. (9) 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. (10) The Local Government agrees to complete the Planning Activities in accordance with the schedule set forth in Section 10.07. Delays incident to strikes, riots, acts of God, and other events beyond the reasonable control of the Local Government are excepted. However, there shall be no resulting diminution or delay in the Semiannual Loan Payment or the Monthly Loan Deposit. (11) The Local Government covenants that this Agreement is entered into for the purpose of completing Planning Activities in order to construct facilities which will, in all events, serve a public purpose. 2.02. LEGAL AUTHORIZATION. Upon signing this Agreement, the Local Government's legal counsel hereby expresses the opinion, subject to laws affecting the rights of creditors generally, that: (1) This Agreement has been duly authorized by the Local Government and shall constitute a valid and legal obligation of the Local Government enforceable in accordance with its terms upon execution by both parties; and (2) This Agreement identifies the revenues pledged for repayment of the Loan, and the pledge is valid and enforceable. 2.03. AUDIT AND MONITORING REQUIREMENTS. The Local Government agrees to the following audit and monitoring requirements. 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 Funding Source CSFA CSFA Title or Fund State Funding Appropriation Number Number Source Description Amount Category Wastewater Wastewater Original Treatment and 37.077 Treatment Facility $150,000 140131 Agreement Stormwater 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 0 Government should access the Florida Single Audit Act website located at httt)s://aops.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 3900 Commonwealth Boulevard, MS 40 Tallahassee, Florida 32399-3123 IIN Electronically: FDEPSinaleAudiaa,det). 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: FDEPSinp-leAuditnden. 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. 7 (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 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 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. The Local Government will comply with this duty and ensure that any subcontracts issued under this Agreement will impose this requirement, in writing, on its subcontractors. ARTICLE III - LOAN REPAYMENT ACCOUNT 3.01. LOAN DEBT SERVICE ACCOUNT. The Local Government shall establish a Loan Debt Service Account with a Depository and begin making Monthly Loan Deposits no later than the date set forth in Section 10.07 of this Agreement. Beginning six months prior to each Semiannual Loan Payment, the Local Government shall make six Monthly Loan 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, 8 payment to the Department from other legally available non -ad valorem funds all sums 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 investment earnings shall be credited to the Loan Debt Service Account and applied toward the Monthly Loan Deposit requirements. 3.03. LOAN DEBT SERVICE ACCOUNT WITHDRAWALS. The withdrawal of moneys from the Loan Debt Service Account shall be for the sole purpose of making the Semiannual Loan Payment or for discharging the Local Government's obligations pursuant to Section 8.01. 3.04. ASSETS HELD IN TRUST. The assets in all accounts created under this Loan Agreement shall be held in trust for the purposes provided herein and used only for the purposes and in the manner prescribed in this Agreement; and, pending such use, said assets shall be subject to a lien and charge in favor of the Department. ARTICLE IV - PROJECT INFORMATION 4.01. RESERVED. 4.02. CLOSE-OUT. The Department shall conduct a final inspection of the Planning Activities records. Following the inspection, deadlines for submitting additional disbursement requests, if any, shall be established, along with deadlines for uncompleted Loan requirements, if any. Deadlines shall be incorporated into the Loan Agreement by amendment. After the Department establishes the final costs to be financed by the Loan, the itemized costs will be adjusted by amendment. The Loan principal shall be reduced by any excess over the amount required to pay all approved costs. As a result of such adjustment, the Semiannual Loan Payment shall be reduced accordingly, as addressed in Section 10.05. 4.03. LOAN DISBURSEMENTS. Disbursements shall be made only by the State Chief Financial Officer and only when the requests for such disbursements are accompanied by a Department certification that such withdrawals are proper expenditures. Disbursements shall be made directly to the Local E Government for reimbursement of the incurred planning costs and related services. 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 summaries of 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; and proof of payment. (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. (3) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. Requests by the Local Government for disbursements of the planning funds shall be made using the Department's disbursement request form. The Department reserves the right to retain 25% of the funds until the information necessary for the Department to prepare the Environmental Information Document as described in Rule 62-503.751, Florida Administrative Code, has been provided. ARTICLE V - RATES AND USE OF THE UTILITY SYSTEM 5.01. RATE COVERAGE. The Local Government shall maintain rates and charges for the services furnished by the Utility System which will be sufficient to provide, in each Fiscal Year, Pledged Revenues equal to or exceeding 1.15 times the sum of the Semiannual Loan Payments due in such Fiscal Year. In addition, the Local Government shall satisfy the coverage requirements of all Senior Revenue Debt and Parity Debt obligations. 5.02. NO FREE SERVICE. The Local Government shall not permit connections to, or furnish any services afforded by, the Utility System without making a charge based on the Local Government's uniform schedule of rates, fees, and charges. 5.03. MANDATORY CONNECTIONS. The Local Government shall adopt, as necessary, and enforce requirements, consistent with applicable laws, for the owner, tenant or occupant of each building located on a lot or parcel of land which is served, or may reasonably be served, by the Sewer System to connect such building to the Sewer System. 5.04. NO COMPETING SERVICE. The Local Government shall not allow any person to provide any services which would compete with the Utility System so as to adversely affect Gross Revenues. 10 5.05. MAINTENANCE OF THE UTILITY SYSTEM. The Local Government shall operate and maintain the Utility System in a proper, sound and economical manner and shall make all necessary repairs, renewals and replacements. 5.06. ADDITIONS AND MODIFICATIONS. The Local Government may make any additions, modifications or improvements to the Utility System which it deems desirable and which do not materially reduce the operational integrity of any part of the Utility System. All such renewals, replacements, additions, modifications and improvements shall become part of the Utility System. 5.07. 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 Utility System for the amount of all delinquent rates, fees and other charges where such action is permitted by law. The Local Government shall, to the full extent permitted by law, cause to discontinue the services of the Utility System and use its best efforts to shut off water service furnished to persons who are delinquent beyond customary grace periods in the payment of Utility System rates, fees and other charges. ARTICLE VI - DEFAULTS AND REMEDIES 6.01. EVENTS OF DEFAULT. Upon the occurrence of any of the following events (the Events of Default) all obligations on the part of Department to make any further disbursements hereunder shall, if Department elects, terminate. The Department may, at its option, exercise any of its remedies set forth in this Agreement, but Department may make any disbursements or parts of disbursements after the happening of any Event of Default without thereby waiving the right to exercise such remedies and without becoming liable to make any further disbursement: (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 Subsection 6.01(1), failure to comply with the provisions of this Agreement, failure in the performance or observance of any of the covenants or actions required by this Agreement or the Suspension of this Agreement by the Department pursuant to Section 8.11 below, and such failure shall continue for a period of 30 days after written notice thereof to the Local Government by the Department. (3) Any warranty, representation or other statement by, or on behalf of, the Local Government contained in this Agreement or in any information furnished in compliance with, or in reference to, this Agreement, which is false or misleading, or if Local Government shall fail to keep, observe or perform any of the terms, covenants, representations or warranties contained in this Agreement, the Note, or any other document given in connection with the Loan (provided, that with respect to non -monetary defaults, Department shall give written notice to Local 11 Government, which shall have 30 days to cure any such default), or is unable or unwilling to meet its obligations thereunder. (4) An order or decree entered, with the acquiescence of the Local Government, appointing a receiver of any part of the Utility System or Gross Revenues thereof; or if such order or decree, having been entered without the consent or acquiescence of the Local Government, shall not be vacated or discharged or stayed on appeal within 60 days after the entry thereof. (5) Any proceeding instituted, with the acquiescence of the Local Government, for the purpose of effecting a composition between the Local Government and its creditors or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are payable from Gross Revenues of the Utility System. (6) Any bankruptcy, insolvency or other similar proceeding instituted by, or against, the Local Government under federal or state bankruptcy or insolvency law now or hereafter in effect and, if instituted against the Local Government, is not dismissed within 60 days after filing. (7) Any charge is brought alleging violations of any criminal law in the implementation of the Project or the administration of the proceeds from this Loan against one or more officials of the Local Government by a State or Federal law enforcement authority, which charges are not withdrawn or dismissed within 60 days following the filing thereof. (8) Failure of the Local Government to give immediate written notice of its knowledge of a potential default or an event of default, hereunder, to the Department and such failure shall continue for a period of 30 days. 6.02. REMEDIES. All rights, remedies, and powers conferred in this Agreement and the transaction documents are cumulative and are not exclusive of any other rights or remedies, and they shall be in addition to every other right, power, and remedy that Department may have, whether specifically granted in this Agreement or any other transaction document, or existing at law, in equity, or by statute. Any and all such rights and remedies may be exercised from time to time and as often and in such order as Department may deem expedient. Upon any of the Events of Default and subject to the rights of others having prior liens on the Pledged Revenues, the Department may enforce its rights by, inter alia, 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 Utility System, and to require the Local Government to fulfill this Agreement. (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 Utility System and to account for the receipt, use, application, or disposition of the Pledged Revenues. 12 (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 Utility 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 Chief Financial Officer delinquency on loan repayments, the Department may intercept the delinquent amount plus a penalty from any unobligated funds due to the Local Government under any revenue or tax sharing fund established by the State, except as otherwise provided by the State Constitution. The Department may impose a penalty 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 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 market credit rating agencies and potential creditors. (7) By suing for payment of amounts due, or becoming due, with interest on overdue payments together with all costs of collection, including attorneys' fees. (8) By accelerating the repayment schedule or increasing the Financing Rate on the unpaid principal of the Loan to as much as 1.667 times the Financing Rate. 6.03. DELAY AND WAIVER. No course of dealing between Department and Local Government, or any failure or delay on the part of Department in exercising any rights or remedies hereunder, shall operate as a waiver of any rights or remedies of Department, and no single or partial exercise of any rights or remedies hereunder shall operate as a waiver or preclude the exercise of any other rights or remedies hereunder. No delay or omission by the Department to exercise any right or power accruing upon Events of Default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised as often as may be deemed expedient. No waiver or any default under this Agreement shall extend to or affect any subsequent Events of Default, whether of the same or different provision of this Agreement, or shall impair consequent rights or remedies. ARTICLE VII - THE 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 Fund liens on the Pledged Revenues, of equal priority, 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 the Senior Revenue Debt deemed in Section 1.01 of this Agreement and to any additional senior obligations issued with the Department's consent pursuant to Section 7.02. The 13 Department may release its lien on such Pledged Revenues in favor of the Department if the Department makes a determination in its sole discretion, 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 Government demonstrates at the time of such issuance that the Pledged Revenues, which may take into account reasonable projections of growth of the Utility System and revenue increases, plus revenues to be pledged to the additional proposed debt obligations will, during the period of time Semiannual Loan Payments are to be made under this Agreement, equal or exceed 1.15 times the annual combined debt service requirements of this Agreement and the obligations proposed to be issued by the Local Government and will satisfy the coverage requirements of all other debt obligations secured by the Pledged Revenues. ARTICLE VIII - GENERAL PROVISIONS 8.01. DISCHARGE OF OBLIGATIONS. All payments required to be made under this Agreement shall be cumulative and any deficiencies in any Fiscal Year shall be added to the payments due in the succeeding year and all years thereafter until fully paid. Payments shall continue to be secured by this Agreement until all of the payments required shall be fully paid to the Department. If, at any time, the Local Government shall have paid, or shall have made provision for the timely payment of, the entire principal amount of the Loan, and as applicable, Loan Service Fee, interest, and Grant Allocation Assessment charges, the pledge of, and lien on, the Pledged Revenues to the Department shall be no longer in effect. Deposit of sufficient cash, securities, or investments, authorized by law, from time to time, may be made to effect defeasance of this Loan. However, the deposit shall be made in irrevocable trust with a banking institution or trust company for the sole benefit of the Department. There shall be no penalty imposed by the Department for early retirement of this Loan. 8.02. PROJECT RECORDS AND 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 offices and other sites where Planning Activities or Project work (if financed by this Loan) is ongoing, or has been performed, to authorized representatives of the Department at any reasonable time. The Local Government 14 shall cause its engineers and contractors to provide copies of relevant records and statements for inspection. 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. This Agreement may be amended, except that no amendment shall be permitted which is inconsistent with statutes, rules, regulations, executive orders, or written agreements between the Department and the U.S. Environmental Protection Agency (EPA). A Final Amendment establishing the final costs financed by this Loan and the actual Loan Service Fee shall be completed after the Department's final inspection of relevant documents and records. 8.06. ABANDONMENT, TERMINATION OR VOLUNTARY CANCELLATION Failure of the Local Government to actively prosecute or avail itself of this Loan (including e.g. described in para 1 and 2 below) shall constitute its abrogation and abandonment of the rights hereunder, and the Department may then, upon written notification to the Local Government, suspend or terminate this Agreement. (1) Failure of the Local Government to draw Loan proceeds within eighteen months after the effective date of this Agreement, or by the date set in Section 10.07 to establish the Loan Debt Service Account, whichever date occurs first. (2) Failure of the Local Government, after the initial Loan draw, to draw any funds under the Loan Agreement for twenty-four months, without approved justification or demonstrable progress on the Project. Upon a determination of abandonment by the Department, the Loan will be suspended, and the Department will implement administrative close out procedures (in lieu of those in Section 4.02) and provide written notification of Final Unilateral Amendment to the Local Government. In the event that following the execution of this Agreement, the Local Government decides not to proceed with this Loan, this Agreement can be cancelled by the Local Government, without penalty, if no funds have been disbursed. 8.07. SEVERABILITY CLAUSE. If any provision of this Agreement shall be held invalid or unenforceable, the remaining provisions shall be construed and enforced as if such invalid or unenforceable provision had not been contained herein. 15 8.08. USE AS MATCHING FUNDS. The EPA has provided a class deviation from the provisions of 40 CFR 35.3125(b)(1) to allow these second -tier funds to be used as local matching requirements for most EPA grant funded treatment works projects, including special Appropriations Act projects. 8.09. PUBLIC RECORDS ACCESS. (1) The Local Government shall comply with Florida Public Records law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Section 119.011(12), F.S. The Local Government shall keep and maintain public records required by the Department to perform the services under this Agreement. (2) This Agreement may be unilaterally canceled by the Department for refusal by the Local Government to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Local Government in conjunction with this Agreement and subject to disclosure under Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution. (3) IF THE LOCAL GOVERNMENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE LOCAL GOVERNMENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT (850)245-21189 by email at public. service sadeq.state. fl.us,. or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, MS 49 Tallahassee, FL 32399 8.10. SCRUTINIZED COMPANIES. (1) The Local Government certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Local Government or its subcontractors are found to have submitted a false certification; or if the Local Government, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. (2) If this Agreement is for more than one million dollars, the Local Government certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or lC engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Local Government, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Local Government, its affiliates, or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. (3) The Local Government agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. (4) As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 8.11. SUSPENSION. The Department may suspend any or all of its obligations to Loan or provide financial accommodation to the Local Government under this Agreement in the following events, as determined by the Department: (1) The Local Government abandons or discontinues the Project before its completion, (2) The commencement, prosecution, or timely completion of the Project by the Local Government is rendered improbable or the Department has reasonable grounds to be insecure in Local Government's ability to perform, or (3) The implementation of the Project is determined to be illegal, or one or more officials of the Local Government in responsible charge of, or influence over, the Project is charged with violating any criminal law in the implementation of the Project or the administration of the proceeds from this Loan. The Department shall notify the Local Government of any suspension by the Department of its obligations under this Agreement, which suspension shall continue until such time as the event or condition causing such suspension has ceased or been corrected, or the Department has re -instated the Agreement. Local Government shall have no more than 30 days following notice of suspension hereunder to remove or correct the condition causing suspension. Failure to do so shall constitute a default under this Agreement. Following suspension of disbursements under this Agreement, the Department may require reasonable assurance of future performance from Local Government prior to re -instating the Loan. Such reasonable assurance may include, but not be limited to, a payment mechanism using two parry checks, escrow or obtaining a Performance Bond for the work remaining. Following suspension, upon failure to cure, correct or provide reasonable assurance of future performance by Local Government, the Department may exercise any remedy available to 17 it by this Agreement or otherwise and shall have no obligation to fund any remaining Loan balance under this Agreement. ARTICLE IX - RESERVED ARTICLE X - DETAILS OF FINANCING 10.01. PRINCIPAL AMOUNT OF LOAN. The principal amount of the Loan is $150,100, which includes $150,000 to be disbursed to the Local Government and $100 of Capitalized Interest. Capitalized Interest is not disbursed to the Local Government, but is amortized via periodic Loan repayments to the Department as if it were actually disbursed. Capitalized Interest is computed at the Financing Rate, or rates, set for the Loan. It accrues and is compounded annually from the time when disbursements are made until six months before the first Semiannual Loan Payment is due. Capitalized Interest is estimated prior to establishment of the schedule of actual disbursements. 10.02. LOAN SERVICE FEE. The Loan Service Fee is estimated as $3,000 for the Loan amount authorized to date. The fee represents two percent of the Loan amount excluding Capitalized Interest; that is, two percent of $150,000. 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. 10.03. FINANCING RATE. The Financing Rate on the unpaid principal of the Loan amount specified in Section 10.01 is 0.21 percent per annum. The Financing Rate equals the sum of the interest rate and the Grant Allocation Assessment Rate. The interest rate is 0.105 percent per annum and the Grant Allocation Assessment rate is 0.105 percent per annum. However, if this Agreement is not executed by the Local Government and returned to the Department before April 1, 2022, the Financing Rate may be adjusted. A new Financing Rate shall be established for any funds provided by amendment to this Agreement. 10.04. LOAN TERM. The Loan term shall be 20 years. 10.05. REPAYMENT SCHEDULE. Repayments shall be made semiannually (twice per year). The Semiannual Loan Payment shall be computed based upon the principal amount of the Loan amount plus the estimated Loan Service Fee and the principle of level debt service. The Semiannual Loan Payment amount may be adjusted, by amendment of this Agreement, based upon revised 18 information. After the final disbursement of Loan proceeds, the Semiannual Loan Payment shall be based upon the actual Project costs, the actual Loan Service Fee and Loan Service Fee capitalized interest, if any, and actual dates and amounts of disbursements, taking into consideration any previous payments. Actual Project costs shall be established after the Department's inspection of the completed Project and associated records. The Department will deduct the Loan Service Fee and any associated interest from the first available repayments following the Final Amendment. Each Semiannual Loan Payment shall be in the amount of $3,910 until the payment amount is adjusted by amendment. The interest and Grant Allocation Assessment portions of each Semiannual Loan Payment shall be computed, using their respective rates, on the unpaid balance of the principal amount of the Loan, which includes Capitalized Interest. Interest (at the Financing Rate) also shall be computed on the estimated Loan Service Fee. The interest and Grant Allocation Assessment on the unpaid balance shall be computed as of the due date of each Semiannual Loan Payment. Unless repayment is deferred by an amendment to this Agreement, Semiannual Loan Payments shall be received by the Department beginning on August 15, 2023 and semiannually thereafter on February 15 and August 15 of each year until all amounts due 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 $153,100, which consists of the Loan principal and the estimated Loan Service Fee. 10.06. PROJECT COSTS. The Local Government and the Department acknowledge that actual Project costs have not been determined as of the effective date of this Agreement. An adjustment may be made due to a reduction in the scope of work proposed for Loan funding as a result of the planning process. Capitalized Interest will be recalculated based on actual dates and amounts of Loan disbursements. The final costs shall be established in the final amendment. Changes in costs may also occur as a result of the Local Government's audit or the Department's audit. The Local Government agrees to the following estimates of the Project costs: CATEGORY PROJECT COSTS ($) Planning Activities costs 150,000 Capitalized Interest 100 TOTAL (Loan Principal Amount) 150,100 10.07. SCHEDULE. All Planning Activities shall be completed no later than the date set forth below. (1) Invoices submitted for work performed on or after August 11, 2021 may be eligible for reimbursement. 19 (2) Completion of all Planning Activities for all Project facilities proposed for loan funding no later than February 15, 2023. (3) Unless deferred by amendment, establish the Loan Debt Service Account and begin Monthly Loan Deposits no later than February 15, 2023. (4) The first Semiannual Loan Payment in the amount of $3,910 shall be due August 15, 2023. 10.08. SPECIAL CONDITION. Prior to execution of this Agreement, a signed contract between the engineering consulting firm and the Local Government with specific details of the planning work to be completed must be submitted. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 20 ARTICLE XI - EXECUTION OF AGREEMENT This Loan Agreement WW460730 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 Agreement to be executed on its behalf by the Secretary or Designee and the Local Government has caused this Agreement to be executed on its behalf by its Authorized Representative and by its affixed seal. The effective date of this Agreement shall be as set forth below by the Department. for CITY OF CRESTVIEW Mayor I attest to the opinion expressed in Section 2.02, Attest: entitled Legal Authorization. SEAL ••�oirJlYii�� •'pF GRE&P, olt4 o� F' .� o Oley for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or Designee 21 Date Disbursement Request Package State Revolving Fund Programs 1. Project Sponsor City of Crestview, FL 2. Project Number WW46071 3. Disbursement Request Number 4. Invoice Period 01 February 24, 2022 - May 31, 2023 5. Type of Request: Partial M Final ❑ 6. Federal Employer Identification Number 59-6000295 7. Mail ❑■ EFT ❑ Send Remittance to: (This must match an address setup in MyFloridaMarketPlace.com as the Vendor address). City of Crestview, Finance Dept., Attn: Heather Sutton P.O. Box 1209 Crestview, FL 32536 Disbursement Details 1. Planning and Specialized Studies (attach invoices) 2. Design (attach invoices) 3. Construction and Demolition (attach pay estimates) 4. Technical Services during Construction (attach invoices) 5. Other {must be specified in agreement} 6. 7. Total cumulative to date 8.. Disbursements previously requested 9. Amount requested for disbursement Amount This Request Total Cumulative $ $ $ $ $ 3,085,364.47 $ 3,085,364.47 $ 61,848.90 $ 61,848.90 $ (Total of lines 1 through 6) $ 3,147,213.37 $(0 $ 3,147,213.37 (Line 7 minus Line 8) ** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO: ** SRF_Reporting@dep.state.fl. us Page 1 of 4 Project Number WW46071 Disbursement Number 0 1 Authorized Representative's Certification of Disbursement Request and Davis -Bacon Certification JB Whitten (name of Authorized Representative designated in the agreement) on behalf of the City of Crestview, FL , do hereby certify that: (name of Project Sponsor) 1. The disbursement amount requested on page 1 of this form is for allowable costs for the project described in the agreement. 2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been satisfactorily purchased, performed or received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation which are filed in the Project Sponsor's permanent records. 3. The Project Sponsor is required to pay such costs under the terms and provisions of contracts relating directly to the project, and the Project Sponsor is not in default of any terms or provisions of the contracts. 4. All funds received to date have been applied toward completing the project. 5. All permits and approvals required for the construction which is underway have been obtained. 6. If applicable for construction projects, I certify to the best of my knowledge and belief that the above referenced project complies with Davis -Bacon and Related Acts such that all of the laborers and mechanics employed by contractors and subcontractors during the referenced period on the contractors pay applications submitted with this disbursement request were paid wages at rates not less than those listed on the prevailing wage rate contained in the contract documents and that all applicable provisions of the Davis -Bacon and Related Acts have been met. I also certify that interviews and periodic reviews of a representative sample of the weekly payroll data have been performed to verify that contractors and subcontractors are paying the appropriate wage rate. I understand that falsifying information on this certification may be grounds for termination of the SRF loan agreement. 7 ( Signature of Authorized Representative) Mayor (Title) 712VA (Date) Page 2 of 4 Engineer's Certification of Disbursement Request Kevin Waddell, P.E. (name of Professional Engineer) the City of Crestview, FL (name of Project Sponsor) project described in the Agreement and do hereby certify that: Project Number VVW46071 Disbursement Number 01 , being the Professional Engineer retained by , am responsible for overseeing construction of the 1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Rule 62-604.600 (2)(b) or Rule 62-620.630(2)(a) for CWSRF or Florida Administrative Code Rule 62-555.540 (2)(b) or Rule 62-555.520(3) for DWSRF, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the contract documents; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all change orders have been submitted to the Department; and 6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose (since issue of the pertinent Department permit) have been identified in writing to the Department. Signature of Professional Engineer Jacobs Firm or Affiliation 83025 (Date) (P.E. Number) Page 3 of 4 PROJECT NUMBER: CONTRACTOR'S REPORT OF DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION Project Name: General Contractor: Contact Person: Address: Amount of Contract: $ MBE %. Month of Telephone: %: WBE , 200 DBE Information: Circle either MBE or WBE and Complete Form. MBE/WBE Firm Name: Date of Award: Completed -to -Date: $ Work Description: Comments: MBE/WBE Firm Name: Date of Award: Completed -to -Date: $ Work Description: Comments: MBE/WBE Firm Name: Date of Award: Completed -to -Date: $ Work Description: Comments: MBE/WBE Firm Name: Date of Award: Completed -to -Date: $ Work Description: Comments: Contact Person: Contract Value: $ Paid -to -Date: $ Telephone #: Contact Person: Contract Value: $ Paid -to -Date: $ Telephone #: Contact Person: Contract Value: $ Paid -to -Date: $ Telephone #: Contact Person: Contract Value: $ Paid -to -Date: $ Telephone #: Attach additional pages as required. General Contractor's Signature: Date: For questions or further information please contact Charles Richards at (850)245-2926. NOTE: Please submit with construction disbursement requests for payment on all projects using federal funds. Page 4 of 4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REIMBURSEMENT SUMMARY Soqnsor Name: Crestview Payment Request No.: 1 1 DAP Agreement No.: WW460710 Period of Service: 2 2a22.5131123 Vendor Name Invoice Number Invoice Date Invoice Amount Owl Sham or Other Furtdlrgq R Category lie. construction, Amount Not Requested equated Amour Check Number technical services) Sawcross 1 5/17/2022 $ 218,832.50 t - $ 218,832.50 57587 Construction Sawcross 2 6/30/2022 $ 195,044.50 - $ 195,044.50 57979 Construction Sawcross 3 8/1/2022 y 173,857.60 $ - 5 173,857.60 58444 Construction Sawcross 4 9/1/2022 $ 123,891.40 - 5 123,891.40 58912 Construction Sawcross 5 9/30/2022 $ 124,355.00 -$ 124,355.00 59087 Construction Sawcross _ 6 10/31/2022 $ _ 239,945.35 $ - $ 239,945.35 59553 Construction Sawcross 7 12/5/2022 $ 447,320.75 $ - 5 447,320.75 60361 Construction Sawcross 8 12/31/2022 $ 428,829.05 - $ 428,829.05 60361 Construction Sawcross 9 1/31/2023 $ 263,169.00 - 5 263,169.00 60677 Construction Sawcross 10 3/1/2023 S 208,756.78 5 - 5 208,756.78 61288 Construction Sawcross 11 4/1/2023 $ 179,133.71 - $ 179,133.71 62214 Construction Sawcross 12 5/1/2023 $ 150,818.20I - $ 150,818.20I 62214 Construction Sawcross 13 6/1/2023 $ 331,410.63 L$ - 5 331,410.63 I 62354 Construction Jacobs 03403200-005 6/10/2022 $ 11,379.25 3,010.60 5 8,368.65 I 57805 Technical Services Jacobs * D3403200-006 10/27/2022 $ 19,291.25 - 19,291.25 59314 Technical Services Jacobs D3403200-007 12/15/2022 f $ _ 14,241.50 - $ 14,241.50 59918 Technical Services Jacobs D3403200-008 4/12/2023 I $ 19,947.50 $ - 5 19,947.50 61382 Technical Services 1 $ - S - I$ t - 5 s- Totals: I 3,15U,223.97 5 3,010.60 $ 3,147,213.37 CITY OF CRESTVIEW RIB 6 PRELIM DESIGN JACOBS PAYMENT RECORDS Type Project Amount Payment # Invoice Date 1AP 9999 $20,851.00 59663 D3630100-001 12/01/2022 AP 9999 $53,853.38 60331 D3630100-002 01/26/2023 AP 9999 $16,500.47 60653 D3630100-003 02/16/2023 AP 9999 $25,799.47 61136 D3630100-004 03/23/2023 AP 9999 $9,371.00 61405 D3630100-005 04/20/2023 1AP 9999 $5,127.58 61691 D3630100-006 05/11/2023 RIB6PLANNING JACOBS PAYMENT RECORDS Type Project Amount Payment # Invoice 1AP I 9999 1 $17,723.061 59918 D3592900-003 Date 12/21/2022 7/18/23, 8:16AM about:blank Accounts Payable 01002825444 PAY Tolle ORDER OF a0 V313 SUON?1 AOQ SO QUVO9 EIMPSOIS TRAW W. 7/18/2023 8:16 AM CITY OF CRESTVIEW P.O. BOX 1209 CRESTVIEW, FL 32536-1209 (850) 682.1560 ACCOUNTS PAYABLE COASTAL BANK AND TRUST PENSACOLA, FLORIDA B3414/632 VENDOR NUMBER DATE CHECK NUMBER NO. 059663 NET AMOUNT 6533 12/01/22 59663 $***20,851.00 TWENTY THOUSAND EIGHT HUNDRED FIFTY ONE AND 00/100 DOLLARS ************* VOIb Antis So bars JACOBS ENGINEERING GROUP INC 1999 BRYAN STREET, STE 1200 DALLAS TX 75201 P10596630 1:06 L /006064 100 28 254I4411' WHM1 Qlnoms tdenv 7,O ChVi �.x�O ra 0�r I0+JZtt41-4 o p C7bill o nE t 5 0 0 it'n) x to z 14 CI A � 171 gr4 H C7 H m a; too "ir Coy CLERK fi1cwy CRYfAUNdLPAESIDENT Y•.; • I F a £ISOd30 31I9OW A 31:13H ]I33H3 EJ T'Ft2G52.i902 '1,gel: 3S7212_12014223S721211139g9..7[19_ 11,41U•'1 Amount: $-20,851.00 Statement Description: ECP INCLEARING CHECK Check Number: 59663 Posted Date: 12/9/2022 Type: Debit Status: Posted :311BH 3511O0N3 about:blank 1/1 7/18/23, 8:16 AM about:blank 7/18/2023 8:16 AM SYNOVUS Accounts Payable 01002825444 �..im.vakiggin1N.R BI.Ai. 1f1G..1u it liYa.1 MI:Insuld L.PM ital., a Lid ff.nac.IN•JflLJ.4Im'JRJ kGRAA711.111i1�111.YJ 9IAA-111 5 a-..a.i4f.1111l PAY Tom ORDER OF CITY OF CRESTVIEW AO. BOX 1209 CRESTVIEW, FL 32536.1209 (950) 852.1580 ACCOUNTS PAYABLE COASTAL BANXANO TRUST PENSACOIA,FLORIDA 02-ei12 NO. 060331 VENDOR NUMBER DATE CHECK NUMBER NET AMOUNT 6533 01/26/23 60331 FIFTY THREE THOUSAND EIGHT HUNDRED JACOBS ENGINEERING GROUP INC 1999 BRYAN STREET, STE 1200 DALLAS TX 75201 FIFTY THREE $***53,853.38 AND 38/100 DOLLARS ****** VDIDAMR QO S tt'pr,033 LII• 406 L L00606.: L00 28 2544l.13 r•• 7•Tr �l;sR7v�E" N R - mIi N2a2;.ina e •• J i •Rl l{'4o-ts4i? a3 el i , 1 •, p L is w:4 q a ii, a4 S i 4i .r a bi.4R ac• ..sA1n • 11 =Ill ws LI 34' a ▪ iI C U. M1 '. C 9C 1 2. �, 'z uA P. o CS g `. a ;? . . l R. C c1 , _`,e • • 3.1.1HM 38 Q1f1OH3 Amount: $-53,853.38 Statement Description: ECP INCLEARING CHECK Check Number: 60331 Posted Date: 2/7/2023 Type: Debit Status: Posted r CRY CLERK tlt CRY COVRGILPREVOW IIIDlfAl1ASH11VL1HUu14 .TS0d3a 7119O41 Al 3133H NO -I3 El about:blank 1/1 7/18/23, 8:16 AM about:blank 7/18/2023 8:16AM Accounts Payable 01002825444 ,...Ors.ia .:. ,717177, �r'A. �•T n;rii;; i koi. . i ZI hil l rat : a!i efitT No. 060653 PAY TO 0I CITY OF CRESTVIEW P.O. BOX 1209 CRESTVIEW, FL 32536.1209 (B50) 682.1560 ACCOUNTS PAYABLE VENDOR NUMBER DATE 6533 02/16/23 COASTAL BANK AND TRUST PENSACOLA. FLORIDA 634314I632 SIXTEEN THOUSAND FIVE HUNDRED AND 47/100 JACOBS ENGINEERING GROUP INC 1999 BRYAN STREET, STE 1200 DALLAS TX 75201 CHECK NUMBER 60653 DOLLARS a'OGD6 53ti' +:06 1 LOD6061: 1OD28 54104le Amount: $-16,500.47 Statement Description: ECP INCLEARING CHECK Check Number: 60653 Posted Date: 3/8/2023 Type: Debit Status: Posted NET AMOUNT $***16,500.47 VOID AFTER BD 6 CITY d[aK M CRY COUNCIL PRESIDENT . (ununnt wi lvrrnvxi u 0 CHECK HERE IF MOBILE DEPOSIT about:blank 1/1 7/18/23, 8:17 AM about:blank Accounts Payable 01002825444 PAY TO THE ORDER 7/18/2023 8:17 AM CITY OF CRESTVJEW P.0. BOX 1209 CRESTVIEW FL 32536-1209 (850) 662-1550 VENDOR NUMBER 6533 ACCOUNTS PAYABLE DATE 03/23/23 COASTAL DANK AND TRUST PEHSACOLA FLIXIIM ENE 10632 CHECK NUMBER 61136 NO. 061136 NET AMOUNT $***25,799.47 TWENTY FIVE THOUSAND SEVEN HUNDRED NINETY NINE AND 47/100 JACOBS ENGINEERING GROUP INC 1999 BRYAN STREET, STE 1200 DALLAS TX 75201 0061 136110 ':06 1 /006061: 1.00 28 254114111 .e . F. 1 2 a M U a 5 N V $ R Si tt W O?i w m n '=R�o�yo�. e`S e 414' FTi§CESC psi ', `r`� �� Y v ,} S $ o 4 ir: Lin Zi ,i • . 4 • • • ni 3:ID:v 7 . ;� W m 42r6' .-i Y .a m -,>'! . ▪ S ' 2 n in j 0 7 e 1 e "E le A ' L" a n 0 4 xW ' 4 a I t. _ . •..w �' r 3 7L 1t 9 = 0 ...3 = ' d all c ' , a -9, i t1 .F. pal • V O O .. c, E. 4 Y. ...a • 3.1.Il-IM 3S O11101-IS Amount: $-25,799.47 Statement Description: ECP INCLEARING CHECK Check Number: 61136 Posted Date: 3/31/2023 Type: Debit Status: Posted ****** VOW AFTER 90F71YS• S • CRY CLERK 'y1IN M a ., ry t c CIIIYCOUNctLPRESIDEAT +• •' to r r2 v ZC) F-' Ti D rO r o'Fr Pil$DaD1 .0 r C7 b0 TO 74 tO in Z lit 1 1,.. Da 1-3 O A XI171 to H G H z IT1= fl11. ▪ 0 ri d1SOd3c9 31I8OIf Al 31:12H D133HO Q about:blank 1/1 7/18/23, 8:17 AM about:blank 7/18/2023 8:17 AM Accounts Payable 01002825444 ;wyy g IyIrJ-1�11 I...:.YH•.4JAPU .0.11:1,•r' 1:r+•►rr,r•411Y4.jr4.:01',:.:1:►Y..'�,•ULy1 owl r`,aani4c,rrt+~;f••.Val, 1•b9ti1.1■IlaaM:r...194:1,.0.Aarl:1.171.t,.,14r►AP"4 061405 PAY TO THE ORDER O JACOBS ENGINEERING GROUP INC 1999 BRYAN STREET, STE 1200 DALLAS TX 75201 mph, L1,05i' 1:06 L LOD6061: iD0 28 251.L.I "S CITY OF CRESTVIEW P O- SOX 1209 CRESTVIEW, FL 32536-1209 (65D) 662-1560 ACCOUNTS PAYABLE COASTAL BANK AND TRUST PCNSACOV6 FLORIDA fi3-141632 NO. VENDOR NUMBER DATE CHECK NUMBER NET AMOUNT 6533 04/20/23 61405 $***40,446.25 FORTY THOUSAND FOUR HUNDRED FORTY SIX AND 25/100 DOLLARS *************** VOID AFTER 00 AYS CITY CLERK cnv COUNCIL PRESIDENT IdPoydN G G r" ;'rc., O LIJ •C O Err.` 0 - hi Z VI o F. 13 (T r t i (V rICri :W t/S 1x t'iHOA E. � y r1T .� H 0y .1 mc.4 » 01 fTi (/) `s Amount: $-40,446.25 Statement Description: ECP INCLEARING CHECK Check Number: 61405 Posted Date: 4/26/2023 Type: Debit Status: Posted ❑ CHECK HERE IF MOBILE DEPOSIT EIL8Z0-'ISS about:blank 1/1 7/18/23, 8:18AM about:blank N -- 7/18/2023 8:18 AM US Accounts Payable 01002825444 A\. 1ii11a1.r6. 01• V:.iaiii Mom u. itiY1.6.....tii4► 1.1{0alll3i2D Z:t DID .Yi4:rWaii:f Mr� PAY TO THE ORDER OF CITY OF CRESTVIEW P.O. BOX 1209 CRESTVIEW.. FL 32538.1209 (850) 882.1580 ACCOUNTS PAYABL E COASTAL BANK AND 7RUST PENSACOLA FLORIDA 03.314/es2 NO. 061691 VENDORl1UMBER DATE CHECK NUMBER NET AMOUNT 6533 05/11/23 61691 $****5,127.58 FIVE THOUSAND ONE HUNDRED TWENTY SEVEN AND 58/100 DOLLARS ************** VOID AFTER DAYS JACOBS ENGINEERING GROUP INC 1999 BRYAN•STREET , STE 1200 DALLAS TX 75201 006 L691n■ j:06 L LOOGOG.: LEIO U8 ES444n• l....7fide j CF' 3'. - I• -;rE� 0-a .S o j . I{` prySi- 1 e uR N m i. 3 P ,.7 i.' a i !l f? 3.- •T I • I! �;'5r•r, T •Yi 6 c.s.t E. I �3 6 • 1.¢ P. 0 •: 7i ' .d•. ii 1g • t ,Ci l: 'U' .i A. • •1 .t 0' ?s A • ry , it • ! lra a •i9 r. N 61 FI it g E y y' .'C Pi i! 0 1 g P 1 F C ri.il:.lt, jjl �. 31IHM 3€I O111OHS Amount: $-5,127.58 Statement Description: ECP INCLEARING CHECK Check Number: 61691 Posted Date: 5/17/2023 Type: Debit Status: Posted • CiTYCLEt • Ufa CITY COUNCIL PRESTO ENT j �✓ F 5 1I9Od313113H 7IO3H3 [] ETL8TO-4SS G34JMH 38110G113 about:blank 1/1 7/18/23, 8:18 AM about:blank SYNOVF� 7/18/2023 8:18AM Accounts Payable 01002825444 THE KLYTQtXGU PAY TO THE ORDER OF T ACTIV a.• PRINT • ADD CITY OF CRESTVIEW P.O. BOX 1209 CRESTVIEW, FL 32538.1209 (B50) 082.1580 VENDOR NUMBER ACCOUNTS PAYABLE DATE EATU RES INC • 1 'ACX FOR QEMIL5 COASrALBANKANDTRUST PENSACOLA, FLORIDA 63.614t632 CHECK NUMBER NO. 059918 NET AMOUNT 818 12/21/22 59918 8***38,997.26 THIRTY EIGHT THOUSAND NINE HUNDRED NINETY SEVEN AND CH2M HILL ENGINEERS, INC. PO BOX 5018713 LOCKBOX 18713 ST. LOUIS MO 63150-8713 00599 18u" 1:06 L 1006061: LOD 28 25441,m 11�•r . o f; q y.�—. o.. • .•.• . La 1 k ' . ;g1 Lwa53.•n2. b d . •t�'1I"ry•"•Rv"31�.zim a•.l IA �. 4 n y� ei o c',• .•as o . � '�. •u ., 1.. xa, o• 5 s . — J F: ;E{ 5. u a r I:;P s. T 1•=='.ri Za n • .. t' S # = E' .'.I• yr , L 3 Fgg • Rio r a f L Ail o r 1== •l " rs • }i..1(T LG. =:n:, w a.�a.smr•.•crs.,a� I• In 0 1- 0 m Amount: $-38,997.26 Statement Description: ECP INCLEARING CHECK Check Number: 59918 Posted Date: 12/30/2022 Type: Debit Status: Posted 0 031 nto »m IC = 26/100 DOLLARS ***** VI IQ ItBy6AY$ CJTY CLERK w CITTCOUNCIL PRESIDENT i••. • 11SOd30 31I901A1 JI 3U3H )103H3 ❑ STLOT 0-'IZS s WDDI �.4LD 1 -LT1 IP tJI oW1.t tO 1- a +3► a► w 0 rP L. 1-i 0 :383H 3SUOaN3 about:blank 1/1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REIMBURSEMENT SUMMARY Sponsor Name:Crestview Payment Request No.:2 DEP Agreement No.:WW460730 7/30/22 - 4/28/23 Vendor Name Invoice Number Invoice Date Invoice Amount Local Share or Other Funding or Amount Not Requested Requested Amount Check Number Category (ie. construction, technical services) Jacobs D3592900-003 12/2/2022 17,723.06$ -$ 17,723.06$ 59918 Planning Jacobs D3630100-001 10/18/2022 20,851.00$ -$ 20,851.00$ 59663 Design Jacobs D3630100-002 1/11/2023 53,853.38$ -$ 53,853.38$ 60331 Design Jacobs D3630100-003 2/14/2023 16,500.47$ -$ 16,500.47$ 60653 Design Jacobs D3630100-004 3/17/2023 25,799.47$ -$ 25,799.47$ 61136 Design Jacobs D3630100-005 4/12/2023 9,371.00$ -$ 9,371.00$ 61405 Design Jacobs D3630100-006 5/8/2023 5,127.58$ -$ 5,127.58$ 61691 Design -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Totals:149,225.96$ -$ 149,225.96$ Period of Service: Disbursement Request Package State Revolving Fund Programs 1. Project Sponsor City of Crestview, FL 2. Project Number WW46073 3. Disbursement Request Number 02 4. Invoice Period July 30, 2022 - April 28, 2023 5. Type of Request: Partial 0 Final ❑ 6. Federal Employer Identification Number 59-6000295 7. Mail ❑ EFT ❑ Send Remittance to: (This must match an address setup in MyFloridaMarketPlace.com as the Vendor address) Disbursement Details 1. Planning and Specialized Studies (attach invoices) 2. Design (attach invoices) 3. Construction and Demolition (attach pay estimates) 4. Technical Services during Construction (attach invoices) 5. Other (must be specified in agreement) 6. 7. Total cumulative to date 8.. Disbursements previously requested 9. Amount requested for disbursement Amount This Request Total Cumulative $ 17,723.06 $ 144,249.81 $ 131,502.90 $ 131,502.90 $ $ $ $ $ $ 275,752.71 $( 126, 526.75 ) $149,225.96 (Total of lines 1 through 6) (Line 7 minus Line 8) ** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO: ** SRF_Reporting@dep.state.fl.us Page 1 of 4 Project Number WW46U73 Disbursement Number 02 Authorized Representative's Certification of Disbursement Request and Davis -Bacon Certification JB Whitten (name of Authorized Representative designated in the agreement) on behalf of the City of Crestview, FL , do hereby certify that: (name of Project Sponsor) 1. The disbursement amount requested on page 1 of this form is for allowable costs for the project described in the agreement. 2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been satisfactorily purchased, performed or received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation which are filed in the Project Sponsor's permanent records. 3. The Project Sponsor is required to pay such costs under the terms and provisions of contracts relating directly to the project, and the Project Sponsor is not in default of any terms or provisions of the contracts. 4. All funds received to date have been applied toward completing the project. 5. All permits and approvals required for the construction which is underway have been obtained. 6. If applicable for construction projects, I certify to the best of my knowledge and belief that the above referenced project complies with Davis -Bacon and Related Acts such that all of the laborers and mechanics employed by contractors and subcontractors during the referenced period on the contractors pay applications submitted with this disbursement request were paid wages at rates not less than those listed on the prevailing wage rate contained in the contract documents and that all applicable provisions of the Davis -Bacon and Related Acts have been met. I also certify that interviews and periodic reviews of a representative sample of the weekly payroll data have been performed to verify that contractors and subcontractors are paying the appropriate wage rate. I understand that falsifying information on this certification may be grounds for termination of the SRF loan agreement. (S g l� a of Authorized Representative) Mayor (Title) Y/2-3 (Date) Page 2of4 Engineer's Certification of Disbursement Request Project Number Disbursement Number , being the Professional Engineer retained by (name of Professional Engineer) , am responsible for overseeing construction of the (name of Project Sponsor) project described in the Agreement and do hereby certify that: 1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Rule 62-604.600 (2)(b) or Rule 62-620.630(2)(a) for CWSRF or Florida Administrative Code Rule 62-555.540 (2)(b) or Rule 62-555.520(3) for DWSRF, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the contract documents; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all change orders have been submitted to the Department; and 6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose (since issue of the pertinent Department permit) have been identified in writing to the Department. Signature of Professional Engineer Firm or Affiliation (Date) (P.E. Number) Page 3 of 4 PROJECT NUMBER: CONTRACTOR'S REPORT OF DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION Project Name: General Contractor: Contact Person: Address: Amount of Contract: $ MBE %: Month of Telephone: %. WBE , 200 DBE Information: Circle either MBE or WBE and Complete Form. MBE/WBE Firm Name: Date of Award: Completed -to -Date: $ Work Description: Comments: MBE/WBE Firm Name: Date of Award: Completed -to -Date: $ Work Description: Comments: MBE/WBE Firm Name: Date of Award: Completed -to -Date: $ Work Description: Comments: MBE/WBE Firm Name: Date of Award: Completed -to -Date: $ Work Description: Comments: Contact Person: Contract Value: $ Paid -to -Date: $ Telephone #: Contact Person: Contract Value: $ Paid -to -Date: $ Telephone #: Contact Person: Contract Value: $ Paid -to -Date: $ Telephone #: Contact Person: Contract Value: $ Paid -to -Date: $ Telephone #: Attach additional pages as required. General Contractor's Signature: Date: For questions or further information please contact Charles Richards at (850)245-2926. NOTE: Please submit with construction disbursement requests for payment on all projects using federal funds. Page 4 of 4