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HomeMy WebLinkAbout08.d EDB Project Quench Loan Resolution 24.25-06 EXECUTIVE SUMMARY AGENDA ITEM: Resolution 2024/2025-06: State Revolving Fund (SRF) Loan Resolution, Designating the Executive Director as the Authorized Representative to execute prospective SRF Grant Funding application documents for Project Quench. Project Number: 3019-001 Finance Number: 20022WL Date: January 3, 2025 BACKGROUND: Staff requests the Board of Supervisors approve the attached Resolution No. 2024/2025-06 designating the Executive Director as the Authorized Representative to execute prospective SRF Grant Funding application documents for Project Quench. On November 19, 2024, the Board approved Supplemental Agreement No. 1 with Carollo Engineers to complete a funding request for Project Quench under the Clean Water SRF Emerging Contaminants Program. The funding through the State, if approved, would be in the form of a 100%loan forgiveness. In processing the submitted request,the State has advised that a supporting board resolution is required to name CCUA's Authorized Representative for executing prospective loan documents. Through Carollo, the State provided a template form, which has been modified by our Board Counsel, Grady Williams, for this purpose. BUDGET: The Resolution does not have a monetary component. RECOMMENDATION: Staff respectfully recommends that the Board of Supervisors adopt Resolution No 2024/2025-06. ATTACHMENTS: Resolution 2024/2025-06 Loan Resolution //PS (Author) //AA(Review) //PS (Final) CLAY COUNTY UTILITY AUTHORITY RESOLUTION NO. 2024/2025-06 A RESOLUTION OF CLAY COUNTY UTILITY AUTHORITY, AN INDEPENDENT SPECIAL DISTRICT OF THE STATE OF FLORIDA ("AUTHORITY"), RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY,AND EFFECTIVE DATE. WHEREAS, Florida Statutes provide for loans to local government agencies to finance the construction of wastewater treatment facilities; and WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to establish pledged revenues, to designate an authorized representative; to provide assurances of compliance with loan program requirements; and to enter into a loan agreement; and WHEREAS, the State Revolving Fund loan priority list designates Project No. WW10022, Potable Reclaimed Water Pilot Project under Project Quench under the Clean Water SRF Emerging Contaminants Program("Project"), as eligible for available funding; and WHEREAS, the AUTHORITY intends to enter into a loan agreement with the Department of Environmental Protection under the State Revolving Fund for project financing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE AUTHORITY AS FOLLOWS: SECTION I. The foregoing findings are incorporated herein by reference and made a part hereof. SECTION II. The AUTHORITY is authorized to apply for a loan to finance the Project. SECTION III. Loan is 100% forgiven, therefore no revenues are obligated to be pledged. SECTION IV. The Executive Director is hereby designated as the authorized representative of the AUTHORITY to provide the assurances and commitments required by the loan application. SECTION V. The Executive Director is hereby designated as the authorized representative to execute the loan agreement which will become a binding obligation in accordance with its terms when signed by both parties. The Executive Director is authorized to represent the AUTHORITY in carrying out the AUTHORITY's responsibilities under the loan CCUA Resolution No. 2024/2025-06 agreement. The Executive Director is authorized to delegate responsibility to appropriate AUTHORITY staff to carry out technical, financial, and administrative activities associated with the loan agreement. SECTION VI. The legal authority for borrowing moneys to construct this Project is Chapter 94-491, Laws of Florida, Special Acts of 1994, which created the AUTHORITY by special act of the Legislature, and s. 189.065 and s. 166.111, Florida Statutes. SECTION VII. All resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION VIII. If any section or portion of a section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this Resolution. SECTION IX. This Resolution shall become effective immediately upon its passage and adoption. PASSED and ADOPTED this Day of [month], [year]. CLAY COUNTY UTILITY AUTHORITY, BY ITS BOARD OF SUPERVISORS By: Anna Lebesch, Ed.D., Chairman ATTEST: APPROVED AS TO FORM AND LEGALITY: By: By: Janice Loudermilk, Secretary Grady H. Williams, Jr., LL.M., Clay County Utility Authority General Counsel (Seal) CCUA Resolution No. 2024/2025-06