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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� ce. .�y � �� 81 V: SEAL :_ Shawna G. Lamb 82 S ;INCORPORATED; , City Attorney 'l :•. 1920 .•� 1‘‘r-‘1;0000o0000_ 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 QP pEPARryte O 84. art Z O OM ,S�v ► 0 MENTAL PQ' 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 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 20 $ $ $ $ $ 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 0 O t~ ' HMFNiAt P0. 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 Z o 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