R23-185 1 RESOLUTION NO. R23-185
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A FLORIDA
5 DEPARTMENT OF ENVIRONMENTAL PROTECTION DRINKING WATER
6 STATE REVOLVING FUND (DWSRF) LOAN AGREEMENT APPLICATION
7 (WITH 100% PRINCIPAL FORGIVENESS) TO DEVELOP THE WATER
8 TREATMENT PLANT(S) PLANNING AND DESIGN PROJECT(S)
9 INTENDED TO ADDRESS DRINKING WATER COMPLIANCE WITH
10 PROPOSED REGULATIONS RELATED TO EMERGING CONTAMINANTS,
11 IN THE AMOUNT OF $5,167,179, EXECUTE ALL DOCUMENTS
12 ASSOCIATED WITH THE LOAN,ACCEPT THE LOAN,AND EXECUTE THE
13 LOAN AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY;
14 PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN
15 EFFECTIVE DATE.
16
17 WHEREAS, Florida Statutes provide for loans to local government agencies to finance
18 the planning, design, and construction of drinking water treatment facilities; and
19 WHEREAS, Florida Administrative Code rules require authorization to apply for loans,
20 to establish pledged revenues, to designate an authorized representative; to provide
21 assurances of compliance with loan program requirements;and to enter into a loan agreement;
22 and
23 WHEREAS,the State Revolving Fund loan priority list designates Project No. DW05130
24 as eligible for available funding; and
25 WHEREAS, the City Commission of the City of Boynton Beach Florida deems it to be in
26 the best interest of the citizens and residents of the City to approve entering into a loan
27 agreement with the Department of Environmental Protection under the State Revolving Fund
28 for project financing.
29 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
30 BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO\Resolution Approving State Revolving Fund For DW Treatment Facilities.Docx
31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption.
33 Section 2. The City of Boynton Beach, Florida, is authorized to apply for a loan to
34 finance the Project.
35 Section 3. The Utilities Director is hereby designated as the authorized
36 representative to provide the assurances and commitments required by the loan application.
37 Section 4. The Mayor is hereby designated as the authorized representative to
38 execute the loan agreement, a copy of which is attached hereto and incorporated herein by
39 reference as Exhibit "A," which will become a binding obligation in accordance with its terms
40 when signed by both parties. The Mayor is authorized to represent the City in carrying out the
41 City's responsibilities under the loan agreement. The Mayor is authorized to delegate
42 responsibility to appropriate City staff to carry out technical, financial, and administrative
43 activities associated with the loan agreement.
44 Section 5. The legal authority for borrowing moneys to construct this Project is
45 Section 166.111, Florida Statutes.
46 Section 6. All resolutions or part of Resolutions in conflict with any of the provisions
47 of this Resolution are hereby repealed.
48 Section 7. If any section or portion of a section of this Resolution proves to be invalid,
49 unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or
50 effect of any other section or part of this Resolution.
51 Section 8. That this Resolution shall become effective immediately.
52
2
S:\CA\RESO\Resolution Approving State Revolving Fund For DW Treatment Facilities.Docx
53 PASSED AND ADOPTED this 19th day of December, 2023.
54 CITY OF BOYNTON BEACH, FLORIDA
55
56 YES _ NO
57
58 Mayor—Ty Penserga
59
60 Vice Mayor—Thomas Turkin
61
62 Commissioner—Angela Cruz
63
64 Commissioner—Woodrow L. Hay
65
66 Commissioner—Aimee Kelley
67
68 VOTE
69
70
71
72 Ar ,T:
73
74 /. I r 01111 _'_
75 Mayle- D: esus, MPA, C Ty •�=*� ►
76 City C -r-� Mayor f
77
78 =BDYtiT���, APPROVED AS TO FORM:
79 (Corporate Se OF.••RPo•••�ti � �
80 %'`i.• cA RqT�•6 L% WVII�
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81 V: SEAL :_ Shawna G. Lamb
82 S ;INCORPORATED; , City Attorney
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3
S:\CA\RESO\Resolution Approving State Revolving Fund For DW Treatment Facilities.Docx
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE REVOLVING LOAN PROGRAM
FOR
DRINKING WATER FACILITIES
LOAN APPLICATION
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Florida Department of Environmental Protection
State Revolving Fund Program
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee,FL 32399-3000
Form Application DW-1
Incorporated in 62-552.430(1)(a),F.A.C. Effective Date March 9,2022
TABLE OF CONTENTS
Page
Number
LOAN APPLICATION
(1) SUBMITTAL 1
(2) COMPLETING THE APPLICATION 1
(3) ASSISTANCE 1
PART I-ADMINISTRATIVE INFORMATION
(1) PROJECT SPONSOR 1
(2) AUTHORIZED REPRESENTATIVE 1
(3) PRIMARY CONTACT 1
(4) ADDITIONAL CONTACTS 1
(5) PROJECT NUMBER 1
(6) INTERIM FINANCING 1
PART II-PROJECT INFORMATION
A. PRECONSTRUCTION PROJECT
(1) ACTIVITIES 2
(2) SCHEDULE 2
(3) COST 2
B. CONSTRUCTION PROJECT
(1) ACTIVITIES 2
(2) SCHEDULE 3
(3) COST 3
PART III-FINANCIAL INFORMATION
(1) PRINCIPAL 3
(2) TERMS AND REPAYMENT 3
(3) ANNUAL FUNDING LIMIT 3
(4) INFORMATION ON LIENS 3
(5) ACTUAL AND PROJECTED REVENUES 4
(6) AVAILABILITY OF PLEDGED REVENUES 4
(7) LOAN SERVICE FEE 4
PART IV-AUTHORIZATION AND ASSURANCES
(1) AUTHORIZATION 4
(2) ASSURANCES 4
PART V-SUPPLEMENTARY INFORMATION
SCHEDULE OF PRIOR AND PARITY LIENS 7
SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE 8
SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE 9
LIST OF ATTACHMENTS 10
Form Application DW-1
Incorporated in 62-552.430(1)(a),F.A.C. Effective Date March 9,2022
LOAN APPLICATION
(1) SUBMITTAL. Submit the application and attachments to the Department of Environmental Protection,MS 3505,State
Revolving Fund Program,Marjorie Stoneman Douglas Building,3900 Commonwealth Boulevard,Tallahassee,Florida
32399-3000. The application (and supporting documentation) may be submitted electronically to the Department's
Project Manager.
(2) COMPLETING THE APPLICATION.
(a) This application consists of five parts:(I)ADMINISTRATIVE INFORMATION;(II)PROJECT INFORMATION;(III)
FINANCIAL INFORMATION; (IV) AUTHORIZATION AND ASSURANCES; and (V) SUPPLEMENTARY
INFORMATION.
(b) All information provided on this application must be printed. Monetary amounts may be rounded.
(c) Forms and attachments to be submitted are denoted with italic print.
(3) ASSISTANCE. Completing this application may require information that can be obtained from the Drinking Water
State Revolving Fund Program staff. Please email SRF_Reporting@dep.state.fl.us for assistance in completing this
application.
PART I-ADMINISTRATIVE INFORMATION
(1) PROJECT SPONSOR City of Boynton Beach
Federal Employer Identification Number 59-3764-477
DUNS Number 072247133
(2) AUTHORIZED REPRESENTATIVE(person authorized to sign or attest loan documents).
Name Ty Penserga Title Mayor
Telephone 561-742-6010 Email PensergaT@bbfl.us
Mailing Address P.O Box 310, Boynton Beach FL 33425
(3) PRIMARY CONTACT(person to answer questions regarding this application).
Name Poonam Kalkat, PhD Title Utilities Director
Telephone 561-742-6403 Email KalkatP@bbfl.us
Employer City of Boynton Beach
Mailing Address 124 E. Woolbright Rd, Boynton Beach, FL 33435
(4) ADDITIONAL CONTACTS. If more than one additional person is to receive copies of Department correspondence,attach
the information(Attachment#1 ).
Name Mara Frederiksen Title Financial Services Director
Telephone 561-742-6312 Email FrederiksenM@bbfl.us
Employer City of Boynton Beach
Mailing Address P.O Box 310, Boynton Beach FL 33425
(5) PROJECT NUMBER(listed on the Department's priority list). DW50130
(6) INTERIM FINANCING. A local government project sponsor that has interim financing may be subject to certain
conditions regarding such financing.
Is the project currently being funded with interim financing? 0 Yes 0 No
Form Application DW-1
Incorporated in 62-552.430(1)(a),F.A.C. Page 1 of 9 Effective Date March 9,2022
PART II—PROJECT INFORMATION
If you are applying for a planning or design loan for a project that will involve construction,complete only Subpart A below.
If you are applying for a loan to construct a project that is already planned and designed,complete only Subpart B below.
A. PLANNING OR DESIGN PROJECT
Information should be provided for each separate facility to be planned and designed as appropriate. For design/build projects
(not eligible for design loans) or those where multiple facilities, segments, or phases are involved, please attach information
for activities,schedule,and cost for each. (Attachment#N/A )
(1) ACTIVITIES. Attach a brief description of the scope of planning and design activities to be financed by this loan.
Include a list of any engineering services to be performed. (Attachment#2 ) Are these activities the same as those
scheduled on the Request for Inclusion Form? ❑■ Yes ❑No. If"No",please explain. (Attachment#N/A )
(2) SCHEDULE.
(a) Provide proposed completion dates for the items. (Please call Department staff to discuss time frames needed to complete
required tasks.)
Planning documentation 06/30/2024
Engineering design 12/30/25
Certification of site availability
Permitting
(b) Do you anticipate that an interlocal agreement with another party will be necessary to implement ❑ Yes LF No
the project? If"Yes",please explain. (Attachment#NA )
(c) Is this a design/build project? 0 Yes ElNo
(3) COST. Is the cost information submitted for the planning or design loan priority list current? If ❑■ Yes ❑ No
"No",please explain and submit revised cost information using the appropriate page of the Request
for Inclusion Form. (Attachment#NA ) Note that the disbursable amount will be limited to the
priority list amount.
PLANNING OR DESIGN APPLICANTS PROCEED TO PART III.
B. CONSTRUCTION PROJECT
(1) ACTIVITIES.
(a) Attach a brief description of construction activities to be financed by this loan. Include a list of the contracts (by title)
corresponding to the plans and specifications accepted by the Department(Attachment# ).
Are these contracts the same as those scheduled on the Request for Inclusion Form? ❑ Yes ❑ No
If"No",please explain. (Attachment# )
(b) Have any of the contracts been bid? ❑ Yes ❑ No
If"Yes",indicate which contracts have been bid. (Attachment# )
(c) Was planning or design for this project financed in another SRF loan? ❑ Yes ❑ No
If"Yes",give the SRF loan number.
(d) Does this project involve an interlocal agreement with other local governments or other entities? ❑ Yes ❑ No
If"Yes",attach a copy of the interlocal agreement. (Attachment# )
Is the interlocal agreement fully executed and enforceable? ❑ Yes ❑ No
Form Application DW-1
Incorporated in 62-552.430(1)(a),F.A.C. Page 2 of 9 Effective Date March 9,2022
If"No",please explain(Attachment# ).
(2) SCHEDULE. (month and year)
(a) Anticipated notice to proceed for first construction contract.
(b) Anticipated completion of all construction contracts.
(3) COST. Is the cost information submitted for the priority list current? ❑ Yes ❑ No
If"No",please explain and submit revised cost information using the appropriate page of the Request for Inclusion Form.
(Attachment# ) Note that the disbursable amount will be limited to the priority list amount.
PART III-FINANCIAL INFORMATION
Estimates of the capitalized interest, interest rate, pledged revenue coverage, limitations on annual loan amounts for large
projects, applicability and amount of repayment reserves, amount of the loan service fee and any other information may be
obtained by contacting staff in the State Revolving Fund Management Section.
(1) PRINCIPAL. The requested amount of the loan which does not include capitalized interest is $5,167,179
Note that the disbursable amount will be limited to the priority list amount and must be consistent with the project
information provided under PART II of this application. Also note that the capitalized interest is an inexact estimate,and
it is subject to adjustment by the Department to reflect actual disbursement timing. The principal amount of the loan does
not include the loan service fee.
(2) TERMS AND REPAYMENT. NA- 100%Principal Forgiveness(PF)
(a) Loans for planning and design shall be amortized over 10 years. Construction loans to local government project
sponsors are amortized over the lesser of useful life of the project or 20 years unless the project is to serve a small
community qualifying as financially disadvantaged. Construction loans to financially disadvantaged small
communities may be amortized over the lesser of useful life of the project or 30 years.Construction loans to non-
governmental project sponsors are amortized over the lesser of the useful life of the project or 20 years. Interest
charges and principal are paid semiannually. NA(not a construLoan)
What is the useful life of the project? (years)
Over how many years would you like to amortize the loan? NA (years)
(b) List all revenues that are to be pledged for repayment of this loan. NA - 100% Principal Forgiveness
(c) Pledged revenue receipts or collections by the project sponsor must exceed the amount of the repayments due to
the Department unless there are other collateral provisions. The excess revenue, or coverage, generally is 15% of
each repayment.
What coverage is proposed for the loan? NA % (coverage percentage)
(d) Is any other financial assistance being applied to this project? ❑ Yes ❑ No
If"Yes",please list. (Attachment#NA )
(3) ANNUAL FUNDING LIMIT. Large project funding (generally, loans in excess of$10 million) may be provided
in increments pursuant to the initial loan agreement and subsequent amendments. NA- 100%Principal Forgiveness(PF)
(4) INFORMATION ON LIENS. NA- 100%Principal Forgiveness(PF)
(a) Describe, if applicable, all debt obligations having a prior or parity lien on the revenues pledged to repay this loan.
(Attachment#Nn ) For example: City Name,Florida,Water and Sewer System Revenue Bonds,Series 1996,issued
in the amount of$10,000,000,pursuant to Ordinance No. 93-104,as amended and supplemented by Ordinance No.96-
156.
(b) Using the Part V,Schedule of Prior and Parity Liens,provide debt service information,if applicable,on each prior and
parity obligation.
Form Application DW-1
Incorporated in 62-552.430(l)(a),F.A.C. Page 3 of 9 Effective Date March 9,2022
(c) For the listed obligations,provide a copy of the ordinance(s),resolution(s),official statement(s),or pages thereof,setting
forth the definitions, use of proceeds, debt service schedule, pledged revenues, rate covenants, provisions for issuing
additional debt,provisions for bond insurance,and debt rating. (Attachment# ).
(d) Describe any other notes and loans payable from the revenues pledged to repay this loan.(Attachment# ).
(5) ACTUAL AND PROJECTED REVENUES. NA-Loan has 100%PF
(a) Complete the Part V,Schedule of Actual Revenues and Debt Coverage for the past two fiscal years.
(b) Complete the Part V, Schedule of Projected Revenues and Debt Coverage, demonstrating the availability of pledged
revenues for loan repayment.
(6) AVAILABILITY OF PLEDGED REVENUES. All sources must be supported by a written legal opinion. (Attachment
# ) The opinion must address the following: NA-Loan has 100%PF
(a) Availability of the revenues to repay the loan.
(b) Right to increase rates at which revenues shall be collected to repay the loan.
(c) Subordination of the pledge if pledged revenues are subject to a prior or parity lien.
(7) LOAN SERVICE FEE. A loan service fee is assessed on each loan.The fee is not part of the loan. The fee along with
interest thereon will be deducted from the first available repayments after the final amendment to the loan agreement.
PART IV—AUTHORIZATION AND ASSURANCES
(1) AUTHORIZATION. Provide an authorizing resolution of the Applicant's governing body or other evidence of
authorization(Attachment#3 )for the following:
(a) Pledging revenues to repay the loan.
(b) Designation of the Authorized Representative(s)to file this application,provide assurances,execute the loan agreement,
and represent the Applicant in carrying out responsibilities(including that of requesting loan disbursements)under the
loan agreement.
(2) ASSURANCES. The Applicant agrees to comply with the laws,rules,regulations,policies and conditions relating to
the loan for this project. Applicants should seek further information from the Drinking Water State Revolving Fund
Program staff as to the applicability of the requirements if the necessity for the assurances is of concern. Specifically,
the Applicant certifies that it has complied, as appropriate, and will comply with the following requirements, as
appropriate,in undertaking the Project:
(a) Assurances for capitalization grant projects.
1. Complete all facilities for which funding has been provided.
2. The Applicant is advised,pursuant to 40 CFR 35 Section 35.3575,that a number of Federal law,executive orders,and
government-wide policies can apply to your project or activity that is receiving Federal financial assistance. The
Applicant agrees to read those provisions regarding the application of Federal cross-cutting authorities (cross-cutters)
to determine their applicability to your specific project or activity.
(b) Assurances for other projects.Please note that Florida Statutes are available at http://www.leg.state.fl.us.They are also
available at the following physical address: Florida Department of State Division of Library and Information Services
R.A. Gray Building 500 South Bronough Street Tallahassee,Florida 32399-0250.
1. Chapter 161,Part I,F.S.,"Beach and Shore Preservation Act"and Part III,"Coastal Zone Protection Act of 1985"
which regulate coastal zone construction and all activities likely to affect the condition of the beaches or shore.
2. Chapter 163,Part II,F.S.,the"Local Government Comprehensive Planning and Land Development Regulation Act"
which requires units of local government to establish and implement comprehensive planning programs to control
future development.
3. Chapter 186,F.S.,State and Regional Planning,which requires conformance of projects with Regional Plans and the
State Comprehensive Plan.
4. Chapter 253,F.S.,"Emergency Archaeological Property Acquisition Act of 1988"which requires protection of
archaeological properties of major statewide significance discovered during construction activities.
Form Application DW-1
Incorporated in 62-552.430(1)(a),F.A.C. Page 4 of 9 Effective Date March 9,2022
5. Chapter 258,Part III,F.S.,which requires protection of components or potential components of the national wild and
scenic rivers system.
6. Chapter 267,F.S.,the"Florida Historical Resources Act"which requires identification,protection,and preservation of
historic properties,archaeological and anthropological sites.
7. Chapter 287,Part I,F.S.,which prohibits parties convicted of public entity crimes or discrimination from participating
in State-assisted projects and which requires consideration of the utilization of Minority Business Enterprises in State-
assisted projects.
8. Chapter 372,F.S.,the Florida Endangered and Threatened Species Act which prohibits the killing or wounding of an
endangered,threatened,or special concern species or intentionally destroying their eggs or nest.
9. Chapter 373,Part IV,F.S.,Florida Water Resources Act of 1972,which requires that activities on surface waters or
wetlands avoid adversely affecting: public health,safety,welfare,or property;conservation of fish and wildlife,
including endangered or threatened species or their habitats;navigation or the flow of water;the fishing or recreational
values or marine productivity; and significant historical and archaeological resources.
10. Chapter 380,Part I,F.S.,Florida Environmental Land and Water Management Act of 1972 as it pertains to regulation
of developments and implementation of land and water management policies.
11. Chapter 381,F.S.,Public Health,as it pertains to regulation of onsite wastewater systems.
12. Chapter 403,Part I,F.S.,Florida Air and Water Pollution Control which requires protection of all waters of the state.
13. Chapter 582,F.S.,Soil and Water Conservation Act which requires conformance with Water Management District's
regulations governing the use of land and water resources.
14. Governor's Executive Order 95-359,which requires State Clearinghouse review of project planning documentation
and intergovernmental coordination.
(c) Assurances for all projects.The loan recipient certifies that it is not listed on the governmentwide exclusions in the
System for Award Management(SAM),in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp.,p.235),"Debarment
and Suspension."
I,the undersigned Authorized Representative of the Applicant,hereby certify that all information contained herein and in the
attached is true,correct,and complete to the best of my knowledge and belief. I further certify that I have been duly authorized
to file the application and to provide these assurances.
441
Signed this ' I Day of '� hr1 _ , 20 .5
Authorized Representative
Ty Penserga
/ • t re) (name typed or printed)
Attachments
Form Application DW-1
Incorporated in 62-552.430(1)(a),F.A.C. Page 5 of 9 Effective Date March 9,2022
(NOT APPLICABLE)
PART V—SUPPLEMENTARY INFORMATION
SCHEDULE OF PRIOR AND PARITY LIENS
(EXCLUDING SRF LOANS)
List annual debt service beginning two years before the anticipated loan agreement date and continue at least three
additional fiscal years. Use additional pages as necessary.
#1 #2 #3
Identify Each Obligation
Coverage % % 0/0
Insured? Yes No Yes No Yes No
Total Debt
Fiscal Annual Debt Service(Principal Plus Interest) Total Service Incl.
Year #1 #2 #3 Debt Service Coverage
20 $ $ $ $ $
20 $ $ $ $ $
20 $ $ $ $ $
20 $ $ $ $ $
20 $ $ $ $ $
20 $ $ $ $ $
20 $ $ $ $ $
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20 $ $ $ $ $
Form Application DW-1
Incorporated in 62-552.430(1)(a),F.A.C. Page 6 of 9 Effective Date March 9,2022
(NOT APPLICABLE)
PART V—SUPPLEMENTARY INFORMATION
SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE
(Provide information for the two fiscal years preceding the anticipated date of the SRF loan agreement.)
Year 20 Year 20
(a) Operating Revenues(Source)
(b) Interest Income
(c) Other Income or Revenue(Identify)
(d) Total Revenues
(e) Operating Expenses(excluding
interest on debt, depreciation,
and other non-cash items)
(0 Net Revenues [(0=(d)—(e)]
(g) Debt Service(including any
required coverage)
(h) Attach audited annual financial report(s), or pages thereof,or other documentation necessary to
support the above information. Include any notes or comments from the audit reports regarding
compliance with covenants of debt obligations having a prior or parity lien on the revenues pledged for
repayment of the SRF Loan. (Attachment# )
(i) Attach worksheets reconciling this page with the appropriate financial statements(for example,
backing out depreciation and interest payments from operating expenses). (Attachment# )
(j) If the net revenues were not sufficient to satisfy the debt service and coverage requirement,please
explain what corrective action was taken. (Attachment# )
Form Application DW-1
Incorporated in 62-552.430(1)(a),F.A.C. Page 7 of 9 Effective Date March 9,2022
(NOT APPLICABLE)
PART V—SUPPLEMENTARY INFORMATION
SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE
Begin with the fiscal year preceding first anticipated semiannual loan payment and continue for at least three
additional years. Attach a separate page for previous State Revolving Fund loans.
Year Year Year Year Year
20 20 20 20 20
(a) Operating Revenue
(b) Interest Income
(c) Other Income or Revenue
(identify)
(d) Total Revenues
(e) Operating Expenses(excluding
interest on debt,depreciation,and
other non-cash items)
(f) Net Revenues(f=d-e)
(g) Revenue(including coverage)
pledged to debt service,excluding
SRF loans
(h) Revenue(including coverage)
pledged to outstanding SRF loans
(i) Revenue Available for this SRF
Loan [(i)=(f)—(g)—(h)]
(j) Identify the source of the above information and explain methods used to develop the projections(Attachment# ).
Include an explanation of any revenue and expense growth or other adjustments;for example,any rate increases,
service growth,inflation adjustments,expense adjustments reflecting the cost of operating additional facilities,or other
considerations.
(k) For construction loans,are the above projections consistent with the accepted financial ❑ Yes ❑ No
feasibility information in the planning documents?
If"No",please explain. (Attachment# )
Form Application DW-1
Incorporated in 62-552.430(1)(a),F.A.C. Page 8 of 9 Effective Date March 9,2022
PART V—SUPPLEMENTARY INFORMATION
LIST OF ATTACHMENTS
LIST OF ATTACHMENTS. This application requires the submittal of Attachments to provide supplemental
information. The application is not complete without the completed List of Attachments. Please list all
attachments that you are including with this application form.
Attachment Number
Additional Contacts List 1
Project Description 2
Authorizing Resolution 3
Form Application DW-1
Incorporated in 62-552.430(1)(a),F.A.C. Page 9 of 9 Effective Date March 9,2022
Attachment#1 Additional Contacts
1. Name: Angela Prymas, P.E.
Title: Engineer IV
Telephone: 561-742-6421
Email: prymasa@bbfl.us
Employer: City of Boynton Beach
Mailing Address: 124 E. Woolbright Rd, Boynton Beach, FL 33435
2. Name: Audra McCafferty, P.E.
Title: President
Telephone: 954-797-7100
Email: am@mccaffertybrinson.com
Employer: McCafferty Brinson Consulting
Mailing Address: 633 South Andrews Avenue, Suite 402, Fort Lauderdale, FL 33301
3. Name: Bryan Heller, MPA.
Title: Division Director, Water Quality&Treatment
Telephone: 561-742-6420
Email: HellerB@bbfl.us
Employer: City of Boynton Beach
Mailing Address: 124 E. Woolbright Rd, Boynton Beach, FL 33435
Attachment#2 Brief Project Description
Project Sponsor: City of Boynton Beach
Project Name: City of Boynton Beach State Revolving Fund (SRF) Project Funding
Assistance for Emerging Contaminant Planning/Design Phase Loan
Agreement
Project Number: Application DW50130
The City of Boynton Beach (City) owns and operates two water treatment facilities: the East Water
Treatment Plant(WTP)(PWS ID No.4500145-01(E)),which is a 24 million gallon per day(mgd)capacity
conventional treatment plant that utilizes lime softening, multi-media gravity filtration, and Magnetic Ion
Exchange (Miex®) processes, and the West WTP (PWS ID No. 4500145-02(W)), which is a 10 mgd
capacity nanofiltration (NF) plant. Both WTPs utilize raw water from the surficial Biscayne Aquifer. The
City's water sampling program has identified the presence of emerging contaminants that are currently not
regulated but are listed on the United States Environmental Protection Agency's Fifth Unregulated
Contaminant Monitoring Rule(USEPA's UCMRS),in the raw water that supplies the water treatment plant.
The City submitted a Request for Inclusion (RFI) to the Drinking Water State Revolving Fund (DWSRF)
that was priority listed at the November 8, 2023,priority listing meeting. The RFI was submitted to secure
funding for a planning and design loan for a program that is intended to address public health and welfare
of the City's drinking water customers by providing compliance with the proposed regulations related to
emerging contaminants for the long term, in the most cost-effective manner possible to evaluate emerging
contaminants.
The City intends to evaluate alternatives for upgrades to the water treatment process(es) that may be
necessary to cost-effectively comply with proposed regulations regarding emerging contaminants when
those regulations become effective. The proposed program consists of:
1. Preparation of a study to evaluate the ability of the existing treatment processes to meet the subject
regulations.Based on data available to date,it appears that the existing East WTP treatment process
will require upgrades to meet the proposed maximum contaminant levels (MCLs) for PFAS
constituents. This study will evaluate the following alternatives for the subject upgrades:
a. Upgrading the existing process with granular activated carbon (GAC) as necessary to comply
with the subject regulations.
b. Upgrading the existing process with anion exchange(e.g.,expanding the existing Miex®anion
exchange process if it is found to remove PFAS constituents, or adding a new PFAS-specific
anion exchange treatment step to the existing process),as necessary to comply with the subject
regulations.
c. Decommissioning the existing conventional treatment process and replacing it with an equal-
capacity membrane process (nanofiltration, NF, or reverse osmosis, RO) to replace the lost
conventional treatment capacity, as necessary to meet demands.
d. The alternative analysis will also consider a variation of the membrane alternative under"c"
above as follows: because the West WTP NF process currently has a Class I concentrate
disposal well, it may be more cost-effective to construct the additional (PFAS-compliant)
membrane treatment capacity at the West WTP (to utilize the existing well), rather than at the
East WTP, to replace the (non-PFAS-compliant) conventional treatment capacity at the East
WTP.
2. Design of the improvements identified in the above alternative analysis study.
In summary,upon completion of the alternative evaluation described herein(i.e.,preparation of a Facilities
Plan with an Environmental Assessment Report in accordance with 62-503.700, F.A.C. and 62-503.751,
F.A.C.) the City intends to proceed with the design phase to prepare for implementing the recommended
treatment alternative.
fDtFA4,,,,R Florida Department of Environmental Protection
° Federal Funding Accountability and Transparency Act Form-Subaward to a Recipient
Z
°l'MENTAL VC'C'
Submit completed form to: Contracts_Adm@FloridaDEP.gov
Purpose:The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006.The
intent of this legislation is to empower every American with the ability to hold the government accountable for each
spending decision.The FFATA legislation requires information on federal awards (federal assistance and expenditures)
be made available to the public via a single, searchable website, which is http://www.usaspending.gov/.
The FFATA Subaward Reporting System (FSRS) is the reporting tool the Florida Department of Environmental Protection
("DEP") must use to capture and report subaward and executive compensation data regarding first-tier subawards that
obligate $30,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2) of the American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5).
[Note:This reporting requirement is not applicable for the procurement of property and services obtained by the DEP
through a Vendor relationship. Refer to 2 CFR Ch. 1 Part 170 Appendix A, Section I.c.3 for the definition of
"subaward".]
Organization and Project Information: As of October 1, 2015, the following information must be provided to the DEP
prior to the DEP's issuance of a subaward (Agreement)that obligates $30,000 or more in federal funds as described
above. Please provide the following information and return the signed form to DEP as requested. If you have any
questions, please contact the DEP's Bureau of General Services, Contracts Team at Contracts_Adm@FloridaDEP.gov or
at telephone number 850/245-2361 for assistance.
UEI: CEJAKVEG8D68
(UEI must be twelve(12)characters not including dashes)*
Federal Award ID Number(FAIN#):
Catalog of Federal Domestic Assistance(CFDA)#:
DEP Assigned Grant Agreement#: DW50130
Dollar Amount of Grant Disbursement: $ 5,167,179.00
* If your company or organization does not have a UEI number,you will need to refer to the Sam.gov website at https://sam.gov/content/
home to register your entity to request a Unique Entity ID.
Business Name: City of Boynton Beach
DBA Name (If applicable):
Principal Place of Business Address:
Address Line 1: 100 E Ocean Ave
Address Line 2:
Address Line 3:
City: Boynton Beach State: FL Zip+4: 33435-4515
DEP 55-230
Rev.08-23-2022 Page 1 of 4
OP°EPARrMF4:4 Florida Department of Environmental Protection
Federal Funding Accountability and Transparency Act Form-Subaward to a Recipient
2
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Description of Project(up to 4000 characters):
The City of Boynton Beach (City) owns and operates two water treatment facilities: the East Water Treatment Plant
(WTP) (PWS ID No. 4500145-01(E)), a 24 million gallon per day (mgd) capacity conventional treatment plant that utilizes
lime softening, multi-media gravity filtration, and Magnetic Ion Exchange (Miex®) processes, and the West WTP (PWS
ID No. 4500145-02(W)), a 10 mgd capacity nanofiltration (NF) plant. Both WTP5 utilize raw water from the surficial
Biscayne Aquifer.The City's water treatment facilities serve a population of 112,000. The City is considered a financially
disadvantaged community because it has a median household income (MHI) of$60,980, which is less than the State of
Florida's MHI ($61,777).The City's water sampling program has identified the presence of emerging contaminants
(PFAS),that are listed on the United States Environmental Protection Agency's Fifth Unregulated Contaminant
Monitoring Rule (USEPA's UCMR5), in the raw water that supplies the East WTP. Under recent USEPA action, proposed
maximum contaminant levels (MCLs) have been established for certain PFAS constituents (PFOS and PFOA), together
with a compliance deadline of December 2026. Based on data from other NF facilities in South Florida, it is expected
that the West WTP NF process is capable of meeting the proposed PFAS regulations, while upgrades may be necessary
for the East WTP to comply with the proposed PFAS regulations. The City is preparing to evaluate alternatives for
improvements to the East WTP to comply with proposed PFAS regulations, evaluating the existing treatment processes
as well as other treatment technologies that may be incorporated into the process that may cost-effectively maintain
compliance with the subject regulations. This application is for funding of the planning and design phase of a program
that is intended to address the public health and welfare of the City's drinking water customers by providing
compliance with the proposed PFAS regulations for the long term, in the most cost-effective manner possible. The
proposed program consists of:
1. Preparation of a study to evaluate the ability of the existing treatment processes to meet the subject regulations.
Based on data available to date, it appears that the existing East WTP treatment process will require upgrades to meet
the proposed maximum contaminant levels (MCLS) for PFAS constituents.This study will evaluate the following
alternatives:
a. Upgrading the existing process with granular activated carbon (GAC) as necessary to comply with the subject
regulations.
b. Upgrading the existing process with anion exchange (e.g., expanding the existing Miex® process if it is found to
remove PFAS constituents, or adding a new PFAS-specific anion exchange treatment step to the existing process), as
necessary to comply with the subject regulations.
c. Decommissioning the existing conventional treatment process and replacing it with an equal capacity membrane
process (nanofiltration, NF, or reverse osmosis, RO)to replace the lost conventional treatment capacity, as necessary to
meet demands.
d.The alternative analysis will also consider a variation of the membrane alternative under"c" above as follows:
because the West WTP NF process currently has a Class I concentrate disposal well, it may be more cost-effective to
construct the additional (PFAS-compliant) membrane treatment capacity at the West WTP (to utilize the existing well),
rather than at the East WTP, to replace the (non-PFAS-compliant) conventional treatment capacity at the East WTP.
2. Design of the improvements identified in the above alternative analysis study.
In summary, upon completion of the alternative evaluation described herein (i.e., preparation of a Facilities
Plan with an Environmental Assessment Report in accordance with 62-503.700, F.A.C. and 62-503.751, F.A.C.
the City intends to proceed with the design phase to prepare for implementing the recommended treatment
alternative.
DEP 55-230
Rev.08-23-2022 Page 2 of 4
°E°ARToP Florida Department of Environmental Protection
0 FS,
Federal Funding Accountability and Transparency Act Form-Subaward to a Recipient
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QOHMEN iAPa0 4`
Principal Place of Project Performance(If different than principal place of business)
Address Line 1: 124 East Woolbright Road
Address Line 2: 5469 West Boynton Beach Boulevard
Address Line 3:
City: Boynton Beach, State: FL Zip+4: 33435-6040
Congressional District for Principal Place of Project Performance: FL-22
(Providing the Zip+4 ensures that the correct Congressional District is reported.)
Executive Compensation Information:
1. In your business or organization's previous fiscal year, did your business or organization (including
Q O parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your
annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial
YES NO assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the
Transparency Act, as defined at 2 CFR 170.320; and, (b) $30,000,000 or more in annual gross revenues
from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans,
grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act?
If the answer to Question 1 is "Yes,"continue to Question 2.
If the answer to Question 1 is "No", move to the signature block below to complete the certification and submittal
process.
Q Q 0 2. Does the public have access to information about the compensation of the executives in your
YES NO N/A business or organization (including parent organization, all branches, and all affiliates worldwide)
through periodic reports filed under section 13(a) or 15 (d) of the Securities Exchange Act of 1934
(15 U.S.C. 78 m (a), 78 o(d)), or Section 6104 of the Internal Revenue Code of 1986?
If the answer to Question 2 is"Yes," move to the signature block below to complete the certification and submittal
process. [Note:Securities Exchange Commission information should be accessible at
http://www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be
directed to the local IRS for further assistance.]
If the answer to Question 2 is "NO" FFATA reporting is required. Provide the information required in the `TOTAL
COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"appearing below to report the `Total
Compensation"for the five(5) most highly compensated "Executives", in rank order, in your organization.
For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A:
"Executive" is defined as "officers, managing partners, or other employees in management positions".
"Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently
completed fiscal year and includes the following:
• Salary and bonus.
• Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial
statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
• Earnings for services under non-equity incentive plans.This does not include group life, health, hospitalization or
medical reimbursement plans that do not discriminate in favor of executives and are available generally to all
salaried employees.
DEP 55-230
Rev.08-23-2022 Page 3 of 4
OP DEPAR,A,F Florida Department of Environmental Protection
o a„
Federal Funding Accountability and Transparency Act Form-Subaward to a Recipient
Z Z
0
Qo
?C9'MENTAL
O
• Change in pension value.This is the change in present value of defined benefit and actuarial pension plans.
• Above-market earnings on deferred compensation which is not tax-qualified.
• Other compensation, if the aggregate value of all such other compensation (e.g. severance,termination
payments,value of life insurance paid on behalf of the employee, perquisites or property) for the executive
exceeds $10,000.
Total Compensation Chart for Most Recently Completed Fiscal Year
Date of Fiscal Year Completion (mm/dd/yyyy) N/A
The undersigned as (enter position title) N/A
of(enter Business Name) N/A
Certifies that on the date written below, the information provided herein is accurate.
Type or Print Name: N/A Title: N/A
Signature: Date:
Total
Rank Compensation for
(Highest Most Recently
to Completed Fiscal
Lowest) Last Name First Name MI Title Year
N/A
The undersigned as (enter position title) Mayor
Of(enter Business Name) City of Boynton Beach
Certifies that on the date written below,the information provided herein is accurate.
Ty Penserga Ma or
Print Name Title
Signature Dat
DEP 55-230
Rev.08-23-2022 Page 4 of 4
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
CITY OF BOYNTON BEACH, FLORIDA
DRINKING WATER STATE REVOLVING FUND
PLANNING AND DESIGN LOAN AGREEMENT
DW501300
Florida Department of Environmental Protection
State Revolving Fund Program
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard, MS 3505
Tallahassee, Florida 32399-3000
DRINKING WATER STATE REVOLVING FUND PLANNING AND DESIGN 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 3
2.01. WARRANTIES,REPRESENTATIONS AND COVENANTS. 3
2.02. LEGAL AUTHORIZATION. 4
2.03. AUDIT AND MONITORING REQUIREMENTS. 4
ARTICLE III-RESERVED 6
ARTICLE IV -PROJECT INFORMATION 6
4.01.PROJECT CHANGES. 6
4.02. CLOSE-OUT. 7
4.03. DISBURSEMENTS. 7
ARTICLE V-RATES AND USE OF THE UTILITY SYSTEM 7
5.01. RESERVED. 7
5.02. RESERVED. 7
5.03. RESERVED. 7
5.04.NO COMPETING SERVICE. 7
5.05. MAINTENANCE OF THE UTILITY SYSTEM. 8
5.06.ADDITIONS AND MODIFICATIONS. 8
5.07.RESERVED. 8
ARTICLE VI -DEFAULTS AND REMEDIES 8
6.01. EVENTS OF DEFAULT. 8
6.02. REMEDIES. 9
6.03. DELAY AND WAIVER. 9
ARTICLE VII -RESERVED 10
ARTICLE VIII -GENERAL PROVISIONS 10
8.01. RESERVED. 10
8.02.PROJECT RECORDS AND STATEMENTS. 10
8.03.ACCESS TO PROJECT SITE. 10
8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. 10
8.05. AMENDMENT OF AGREEMENT. 10
8.06. ABANDONMENT,TERMINATION OR VOLUNTARY CANCELLATION. 10
8.07. SEVERABILITY CLAUSE. 11
8.08. RESERVED. 11
8.09. PUBLIC RECORDS ACCESS. 11
i
DRINKING WATER STATE REVOLVING FUND PLANNING AND DESIGN LOAN
AGREEMENT
CONTENTS PAGE
8.10. SCRUTINIZED COMPANIES. 12
8.11. SUSPENSION. 12
8.12. CIVIL RIGHTS. 13
ARTICLE IX-RESERVED 13
ARTICLE X -DETAILS OF FINANCING 13
10.01.PRINCIPAL AMOUNT OF LOAN. 13
10.02.RESERVED. 13
10.03. RESERVED. 13
10.04.RESERVED. 13
10.05.RESERVED. 14
10.06. PROJECT COSTS. 14
10.07. SCHEDULE. 14
ARTICLE XI -EXECUTION OF AGREEMENT 15
ii
DRINKING WATER STATE REVOLVING FUND
PLANNING AND DESIGN LOAN AGREEMENT
DW501300
THIS AGREEMENT is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION(Department)and the CITY OF BOYNTON BEACH,
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".
RECITALS
Pursuant to Section 403.8532, Florida Statutes and Chapter 62-552, Florida Administrative Code,
the Department is authorized to make loans to finance the planning, design and construction of
public water systems; and
The Department is authorized to allow Principal Forgiveness on Loans funded by the Federal
Drinking Water Act;and
The Project Sponsor applied for the financing of Planning and Design Activities,and the
Department has determined that all requirements for a Loan and Principal Forgiveness have been
met.
AGREEMENT
In consideration of the Department loaning money to the Project Sponsor, 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 Project Sponsor authorized
by ordinance or resolution to sign documents associated with the Loan.
(3) "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.
(4) "Design Activities"shall mean the design of work defined in the approved planning
document that will result in plans and specifications, ready for permitting and bidding, for an
eligible construction project.
1
(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.
(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) "Financial Assistance"shall mean Principal Forgiveness funds or Loan funds.
(8) "Gross Revenues"shall mean all income or earnings received by the Project Sponsor
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.
(9) "Loan"shall mean the amount of money to be loaned pursuant to this Agreement and
subsequent amendments.
(10)"Loan Application"shall mean the completed form which provides all information
required to support obtaining loan financial assistance from the Department.
(11)"Local Governmental Entity"means a county,municipality,or special district.
(12)"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.
(13)"Planning Activities"shall mean the planning or administrative work necessary for
the Project Sponsor to qualify for Drinking Water State Revolving Fund financing for
construction of drinking water facilities.
(14)"Principal Forgiveness"shall mean the amount of money awarded pursuant to this
Agreement and subsequent amendments that is not to be repaid.
(15)"Project"shall mean the Planning and Design Activities to address emerging
contaminants. This Project is a Capitalization Grant Project as defined in Chapter 62-552, Florida
Administrative Code.
(16)"Utility System" shall mean all devices and facilities of the Water System owned by
the Project Sponsor.
(17)"Water System"shall mean all facilities owned by the Project Sponsor for supplying
and distributing water for residential,commercial, industrial, and governmental use.
2
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 Project Sponsor warrants,represents and covenants that:
(1) The Project Sponsor has full power and authority to enter into this Agreement and to
comply with the provisions hereof.
(2) The Project Sponsor 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 Project Sponsor's
knowledge,threatened, which seeks to restrain or enjoin the Project Sponsor from entering into or
complying with this Agreement.
(4) The Project Sponsor shall undertake the Project on its own responsibility,to the
extent permitted by law.
(5) To the extent permitted by law,the Project Sponsor shall release and hold harmless
the State, its officers,members,and employees from any claim arising in connection with the
Project Sponsor's actions or omissions in its Planning and Design Activities financed by this
Loan.
(6) All Project Sponsor 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 Project Sponsor to the Department was current
and correct as of the date such information was delivered. The Project Sponsor shall comply with
Chapter 62-552, 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 Project Sponsor shall take such
action to comply with this agreement.
(7) The Project Sponsor shall maintain records using generally accepted accounting
principles established by the Governmental Accounting Standards Board. As part of its
bookkeeping system,the Project Sponsor 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 Loan disbursement receipts.
3
(8) RESERVED.
(9) Pursuant to Section 216.347 of the Florida Statutes,the Project Sponsor shall not use
the Loan proceeds for the purpose of lobbying the Florida Legislature,the Judicial Branch, or a
State agency.
(10)The Project Sponsor agrees to complete the Planning and Design 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 Project Sponsor are excepted.
(11)The Project Sponsor covenants that this Agreement is entered into for the purpose of
completing Planning and Design Activities in order to construct facilities which will, in all events,
serve a public purpose.
2.02. LEGAL AUTHORIZATION.
Upon signing this Agreement,the Project Sponsor's legal counsel hereby expresses the
opinion, subject to laws affecting the rights of creditors generally, that this Agreement has been
duly authorized by the Project Sponsor and shall constitute a valid and legal obligation of the
Project Sponsor enforceable in accordance with its terms upon execution by both parties;and
2.03. AUDIT AND MONITORING REQUIREMENTS.
The Project Sponsor agrees to the following audit and monitoring requirements.
(1) The financial assistance authorized pursuant to this Loan Agreement consists of the
following:
Federal Resources, Including State Match, Awarded to the Recipient Pursuant to this Agreement
Consist of the Following:
State
Federal Program Federal CFDA Funding Appropriation
Number Agency Number CFDA Title Amount Category
Capitalization Grants
4E-02D65722-0 EPA 66.468 for Drinking Water $5,167,179 140129
State Revolving
Fund
(2) Audits.
(a) In the event that the Project Sponsor expends $750,000 or more in Federal awards in
its fiscal year,the Project Sponsor must have a Federal single audit conducted in accordance with
the provisions of 2 CFR Part 200, Subpart F. In determining the Federal awards expended in its
fiscal year,the Project Sponsor shall consider all sources of Federal awards, including Federal
resources received from the Department. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F.
An audit of the Project Sponsor conducted by the Auditor General in accordance with the
provisions of 2 CFR Part 200, Subpart F,will meet the requirements of this part.
4
(b) In connection with the audit requirements addressed in the preceding paragraph(a),
the Project Sponsor shall fulfill the requirements relative to auditee responsibilities as provided in
2 CFR Part 200, Subpart F.
(c) If the Project Sponsor expends less than$750,000 in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F, is not
required. The Project Sponsor shall inform the Department of findings and recommendations
pertaining to the State Revolving Fund in audits conducted by the Project Sponsor. In the event
that the Project Sponsor expends less than $750,000 in Federal awards in its fiscal year and elects
to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F,the
cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be
paid from Project Sponsor resources obtained from other than Federal entities).
(d) The Project Sponsor may access information regarding the Catalog of Federal
Domestic Assistance(CFDA)via the internet at https://sam.gov/.
(3) Report Submission.
(a) Copies of reporting packages for audits conducted in accordance with 2 CFR Part
200, Subpart F,and required by Subsection 2.03(2)of this Agreement shall be submitted,when
required by 2 CFR Part 200, Subpart F,by or on behalf of the Project Sponsor 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, MS40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-30000
Electronically:
FDEPSingleAudit@dep.state.fl.us
(ii) The Federal Audit Clearinghouse designated in 2 CFR Section 200.501(a)at the
following address:
https://harvester.census.gov/facweb/
(iii) Other Federal agencies and pass-through entities in accordance with 2 CFR Section
200.512.
(b) Pursuant to 2 CFR Part 200, Subpart F,the Project Sponsor shall submit a copy of the
reporting package described in 2 CFR Part 200, Subpart F, and any management letters issued by
the auditor, to the Department at the address listed under Subsection 2.03(3)(a)(i)of this
Agreement.
5
(c) 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 2 CFR Part
200, Subpart F, Florida Statutes,or Chapters 10.550(local governmental entities)or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
(d) Project Sponsors,when submitting financial reporting packages to the Department for
audits done in accordance with 2 CFR Part 200, Subpart F,or 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 Project Sponsor
in correspondence accompanying the reporting package.
(4) Record Retention.
The Project Sponsor 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 Project Sponsor 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 2 CFR Part 200, Subpart F,
as revised(see audit requirements above),monitoring procedures may include,but not be limited
to,on-site visits by Department staff, limited scope audits as defined by 2 CFR Part 200, Subpart
F.,and/or other procedures. By entering into this Agreement,the Project Sponsor 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 Project
Sponsor is appropriate,the Project Sponsor agrees to comply with any additional instructions
provided by the Department to the Project Sponsor regarding such audit. The Project Sponsor
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 Project Sponsor 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—RESERVED
ARTICLE IV-PROJECT INFORMATION
4.01. PROJECT CHANGES.
After the Department's environmental review has been completed,the Project Sponsor
shall promptly notify the Department, in writing,of any Project change that would require a
modification to the environmental information document.
6
4.02. CLOSE-OUT.
The Department shall conduct a final inspection of the Planning and Design Activities
records. Following the inspection,deadlines for submitting additional disbursement requests, if
any, shall be established, along with deadlines for uncompleted Loan or Principal Forgiveness
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.
4.03. 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 Project
Sponsor for reimbursement of the incurred planning and design 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 Project Sponsor for disbursements of the planning and design 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 62-552.680, Florida Administrative
Code, has been provided.
ARTICLE V-RATES AND USE OF THE UTILITY SYSTEM
5.01. RESERVED.
5.02. RESERVED.
5.03. RESERVED.
5.04.NO COMPETING SERVICE.
The Project Sponsor shall not allow any person to provide any services which would
compete with the Utility System so as to adversely affect Gross Revenues.
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5.05. MAINTENANCE OF THE UTILITY SYSTEM.
The Project Sponsor 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 Project Sponsor 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.RESERVED.
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) RESERVED.
(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 Project Sponsor by the Department.
(3) Any warranty, representation or other statement by, or on behalf of,the Project
Sponsor 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 Project Sponsor 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 Project Sponsor,
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 Project Sponsor, 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 Project Sponsor, shall not be
vacated or discharged or stayed on appeal within 60 days after the entry thereof.
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(5) Any proceeding instituted,with the acquiescence of the Project Sponsor, for the
purpose of effecting a composition between the Project Sponsor 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
Project Sponsor under federal or state bankruptcy or insolvency law now or hereafter in effect
and, if instituted against the Project Sponsor, 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 Project Sponsor 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 Project Sponsor 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,the Department may enforce its
rights by, inter alia, any of the following remedies:
(I) 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 Project Sponsor to fulfill
this Agreement.
(2) By action or suit in equity, require the Project Sponsor to account for all moneys
received from the Department or from the ownership of the Utility System.
(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.
6.03. DELAY AND WAIVER.
No course of dealing between Department and Project Sponsor, or any failure or delay on
the part of Department in exercising any rights or remedies hereunder, shall operate as a waiver of
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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 - RESERVED
ARTICLE VIII -GENERAL PROVISIONS
8.01. RESERVED.
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 Project Sponsor has received a disbursement and until five years after the Final
Amendment date.
8.03.ACCESS TO PROJECT SITE.
The Project Sponsor shall provide access to offices and other sites where Planning and
Design 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 Project Sponsor 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 Project Sponsor. The Project Sponsor 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 Project Sponsor 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
10
hereunder, and the Department may then, upon written notification to the Project Sponsor,
suspend or terminate this Agreement.
(1) Failure of the Project Sponsor 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 Project Sponsor,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 Project
Sponsor.
In the event that following the execution of this Agreement,the Project Sponsor decides
not to proceed with this Loan,this Agreement can be cancelled by the Project Sponsor,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.
8.08. RESERVED.
8.09. PUBLIC RECORDS ACCESS.
(1) The Project Sponsor 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 Project Sponsor 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
Project Sponsor to either provide to the Department upon request,or to allow inspection and
copying of all public records made or received by the Project Sponsor 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 PROJECT SPONSOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
PROJECT SPONSOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT (850)245-2118, by email at
public.services@a,dep.state.fl.us,or at the mailing address below:
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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 COMPAN IES.
(1) The Project Sponsor 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 Project Sponsor or its
subcontractors are found to have submitted a false certification; or if the Project Sponsor,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 Project Sponsor 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 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
Project Sponsor, its affiliates,or its subcontractors are found to have submitted a false
certification;or if the Project Sponsor, 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 Project Sponsor 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 Project Sponsor under this Agreement in the following events, as
determined by the Department:
(l) The Project Sponsor abandons or discontinues the Project before its completion,
(2) The commencement,prosecution,or timely completion of the Project by the Project
Sponsor is rendered improbable or the Department has reasonable grounds to be insecure in
Project Sponsor's ability to perform,or
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(3) The implementation of the Project is determined to be illegal,or one or more officials
of the Project Sponsor 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 Project Sponsor 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.
Project Sponsor 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 Project Sponsor prior to re-instating the
Loan. Such reasonable assurance may include, but not be limited to,a payment mechanism using
two party checks,escrow or obtaining a Performance Bond for the work remaining.
Following suspension, upon failure to cure,correct or provide reasonable assurance of
future performance by Project Sponsor,the Department may exercise any remedy available to it
by this Agreement or otherwise and shall have no obligation to fund any remaining Loan balance
under this Agreement.
8.12. 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.
ARTICLE IX—RESERVED
ARTICLE X -DETAILS OF FINANCING
10.01.PRINCIPAL AMOUNT OF LOAN.
The total amount awarded is $5,167,179. Of that,the estimated amount of Principal
Forgiveness is$5,167,179.
10.02. RESERVED.
10.03. RESERVED.
10.04.RESERVED.
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10.05. RESERVED.
10.06.PROJECT COSTS.
The Project Sponsor and the Department acknowledge that actual Project costs have not
been determined as of the effective date of this Agreement. An adjustment may be made due to a
reduction in the scope of work proposed for Loan funding as a result of the planning process.
Capitalized Interest will be recalculated based on actual dates and amounts of Loan
disbursements. The final costs shall be established in the final amendment. Changes in costs may
also occur as a result of the Project Sponsor's audit or the Department's audit.
The Project Sponsor agrees to the following estimates of the Project costs:
AUTHORIZED LOAN
CATEGORY PROJECT COSTS ($) AMOUNT($)TO DATE
Planning and Design Activities 5,400,000 5,167,179
Less Principal Forgiveness (5,400,000) (5,167,179)
TOTAL(Loan Amount) 0 0
10.07. SCHEDULE.
All Planning and Design Activities shall be completed no later than the date set forth
below.
(1) Invoices submitted for work performed on or after November 8, 2023 may be eligible
for reimbursement.
(2) Completion of all Planning and Design Activities for all Project facilities proposed for
loan funding no later than February 15,2026.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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ARTICLE XI -EXECUTION OF AGREEMENT
This Loan Agreement DW50I300 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 Project Sponsor 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 BOYNTON BEACH
7 1 / 41/ LJ
Mayor
Attest: I attest to the opinion expressed in Section
2.02, entitled Legal Authorization.
►A►�-' _ 474 )ii„76
'ity Clerk City Attorney
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
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Date:2025.02.03 14:14:54-05'00'
Secretary or Designee Date
15