R25-122 RESOLUTION NO. R25-122
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE STATE OF
5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
� DRINKING WATER STATE REVOLVING FUND PLANNING AND DESIGN
7 LOAN AGREEMENT DW501300; AND FOR ALL OTHER PURPOSES.
S
9 WHEREAS, the State of Florida Department of Environmental Protection ("FDEP") and the
lo City entered into a Drinking Water State Revolving Fund Loan Agreement, Number DW501300,
1 authorizing a Loan amount of$5,167,179, excluding Capitalized Interest; and including a Principal
12 Forgiveness amount of $5,167,179, approved by Resolution No. R23-185 on December 19, 2023;
13 and
14 WHEREAS, the City is entitled to additional financing in the amount of$232,821, excluding
5 Capitalized Interest and including a Principal Forgiveness amount of $232,821; and
icy WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
i^ best interests of the City's citizens and residents to approve Amendment No. 1 to the State of
IS Florida Department of Environmental Protection Drinking Water State Revolving Fund Planning
19 and Design Loan Agreement DW501300.
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
22 BEACH, FLORIDA, THAT:
23 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption.
25 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
26 approve Amendment No. 1 to the State of Florida Department of Environmental Protection
27 Drinking Water State Revolving Fund Planning and Design Loan Agreement DW501300 (the
28 "Amendment"), in form and substance similar to that attached as Exhibit A.
29 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
30 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any
31 ancillary documents required under the Agreement or necessary to accomplish the purposes of
32 the Agreement, including any term extensions as provided in the Agreement, provided such
33 documents do not modify the financial terms or material terms. The Mayor is further authorized
34 to execute any ancillary documents as may be necessary to accomplish the purpose of this
35 Resolution.
36 SECTION 4. The Mayor-executed Amendment shall be forwarded to Mirna Crompton
37 to obtain execution of the Amendment by FDEP. Mirna Crompton shall be responsible for
38 ensuring that one fully executed Amendment is returned to the City, to be provided to the Office
39 of the City Attorney for forwarding to the City Clerk for retention as a public record.
40 SECTION 5. This Resolution shall take effect in accordance with the law.
41
42
43
44 [SIGNATURES ON THE FOLLOWING PAGE]
45
46 PASSED AND ADOPTED this lj day of Mali 2025.
47 CITY OF BOYNTON BEACH, FLORIDA
48 YES NO
49 Mayor— Rebecca Shelton
50
51 Vice Mayor—Woodrow L. Hay
52 c -
53 Commissioner—Angela Cruz
54
55 Commissioner—Thomas Turkin Qlt;'
56
57 Commissioner—Aimee Kelley
58 r
59 VOTE q .0
60 A ' S :
61gLY
62 1 _rJ i
63 Maylee Diesus, MPA, ' MC Rebecca
cc
a Shelton
64 City CI:rMayor
65 OO�
, '1. 1,
66 !a ..'DPRg � %
APPROVED AS TO FORM:
67 (Corporate Seal) f u: SEAL •: '
68 i t INCORPORATED: agJa. n6
70 Shawna G. Lamb
71 City Attorney
STATE REVOLVING FUND
AMENDMENT 1 TO LOAN AGREEMENT DW501300
CITY OF BOYNTON BEACH
This amendment 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".
The Department and the Project Sponsor entered into a Drinking Water State Revolving Fund
Loan Agreement,Number DW501300, authorizing a Loan amount of$5,167,179, excluding
Capitalized Interest; and including a Principal Forgiveness amount of$5,167,179; and
The Project Sponsor is entitled to additional financing in the amount of$232,821, excluding
Capitalized Interest and including a Principal Forgiveness amount of$232,821; and
Certain provisions of the Agreement need revision and provisions need to be added to the
Agreement.
The Parties hereto agree as follows:
1. Subsection 2.03(1) of the Agreement is deleted and replaced as follows:
(1) The financial assistance authorized pursuant to this Loan Agreement consists of the
following:
REMAINDER OF PAGE INTENSIONALLY LEFT BLANK
1
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 149953
State Revolving Fund
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-02D65723-0 EPA 66.468 for Drinking Water $204,000 149953
State Revolving Fund
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-02D65724-0 EPA 66.468 for Drinking Water $28,821 149953
State Revolving Fund
2. Section 8.08 of the Agreement is deleted and replaced as follows:
8.08. SIGNAGE.
The Project Sponsor agrees to comply with signage guidance in order to enhance public
awareness of EPA assistance agreements nationwide. A copy of this guidance is listed on the
Department's webpage at https://floridadep.gov/wra/srf/content/state-revolving-fund-resources-
and-documents as "Guidance for Meeting EPA's Signage Requirements".
3. Section 8.12 of the Agreement is deleted and replaced as follows:
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, 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.
4. Section 8.13 is added to the Agreement as follows:
2
8.13. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT.
The Project Sponsor and any contractors/subcontractors are prohibited from obligating or
expending any Loan or Principal Forgiveness funds to procure or obtain; extend or renew a
contract to procure or obtain; or enter into a contract(or extend or renew a contract) to procure or
obtain equipment, services, or systems that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of
any system. See Section 889 of Public Law 115-232 (National Defense Authorization Act
2019). Also, see 2 CFR 200.216 and 200.471.
5. Additional financing in the amount of$232,821 of which the principal forgiveness is
$232,821, excluding Capitalized Interest, is hereby awarded to the Project Sponsor.
6. The Project Sponsor and the Department acknowledge that the actual cost of the
Project has not been determined. Project cost adjustments may be made as a result of mutually
agreed upon Project changes. Capitalized Interest will be recalculated based on actual dates and
amounts of Loan disbursements. If the Project Sponsor receives other governmental financial
assistance for this Project, the costs funded by such other governmental assistance will not be
financed by this Loan. The Department shall establish the final Project costs after its final
inspection of the Project records. Changes in Project costs may also occur as a result of an audit.
The estimated Project costs are revised as follows:
CATEGORY PROJECT COSTS ($)
Planning and Design Activities 5,400,000
Less Principal Forgiveness (5,400,000)
TOTAL(Loan Amount) 0
7. The items scheduled under Section 10.07 of the Agreement are rescheduled as
follows:
(2) Completion of all Planning and Design Activies is scheduled for August 15, 2027.
8. Section 10.08. of the Agreement is added as follows:
10.08. SPECIAL CONDITIONS.
Prior to execution of this Agreement, the Project Sponsor shall submit the following:
(1) A certified copy of the Resolution which authorizes the application, establishes the
Pledged Revenues, and designates an Authorized Representative for signing the application and
executing the Loan Agreement; and
(2) A completed Federal Funding Accountability and Transparency Act Form.
9. All other terms and provisions of the Loan Agreement shall remain in effect.
3
This Amendment I to Loan Agreement DW501300 may be executed in two or more
counterparts, any of which shall be regarded as an original and all of which constitute but one
and the same instrument.
IN WITNESS WHEREOF, the Department has caused this amendment to the Loan
Agreement to be executed on its behalf by the Secretary or Designee and the Project Sponsor has
caused this amendment to be executed on its behalf by its Authorized Representative and by its
affixed seal. The effective date of this amendment shall be as set forth below by the Department.
for
CITY OF BOYNTON BEACH
__
Mayor
Atte t: Approved as to form and legal sufficiency:
Cito'CfIne
Jerk = —"% • • City Attorney
n�,�
SEAL k ORPORAr ... 0
SC•
i '31 PpRRiO.
'to 1920
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GI Digitally signed by Angela
M�'Sc Knecht
\\\ Date:2025.05.14 14:12:39-04'00'
Secretary or Designee Date
4