Item Coversheet

TOWN OF DAVIE
TOWN COUNCIL AGENDA REPORT

Item Number: 16.

To:Mayor and Councilmembers
From:David Stambaugh, P.E., Interim Utilities Director
Prepared By:Evelyn Valerio, P.E., Interim Utilities Assistant Director - Utilities
Subject:Resolution 
Affected District:District 1, District 2, District 3
Item Request:Schedule for Council Meeting
Title of Agenda Item:LOAN AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AMENDING RESOLUTION R 2025-231 BY DESIGNATING THE MAYOR AS THE AUTHORIZED REPRESENTATIVE TO APPLY FOR, PROVIDE ASSURANCES AND COMMITMENTS REQUIRED BY THE LOAN APPLICATION AND EXECUTE A FORGIVEABLE STATE REVOLVING LOAN FUND AGREEMENT IN THE AMOUNT OF $1,400,000 FOR THE PURPOSE OF OFF-SETTING EXPENDITURES FOR PLANNING OF A PILOT PROGRAM FOR THE ADVANCED TREATMENT OF RECLAIMED WATER FOR POTABLE USE, FURTHER AUTHORIZING THE MAYOR TO DELEGATE TO APPROPRIATE STAFF AND/OR AUTHORIZED REPRESENTATIVE THE AUTHORITY TO SIGN ANCILLARY FORMS AND DOCUMENTS IN CONNECTION WITH THE LOAN APPLICATION AND TO CARRY OUT TECHNICAL, FINANCIAL AND ADMINISTRATIVE ACTIVITIES ASSOCIATED WITH THE LOAN AGREEMENT, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.
Executive Summary: 

The Town of Davie Utilities Department requests that the Town Council amend Resolution R 2025-231 to designate the mayor as the authorized representative of the Town to execute the State Revolving Fund loan agreement. The agreement will secure the preapproved funds in the amount of $1,400,000.  

Key Points:

·         The Infrastructure Investment and Job Act was signed by President Biden on November 15, 2021, providing State Revolving Funds (SRF) loans to be administered by the Florida Department of Environmental Protection (FDEP);

·         Florida Statute 403.1835, via the Florida Department of Environmental Protection (FDEP), provides loans to local government agencies to finance the construction of wastewater treatment facilities;

·         The FDEP is authorized to allow Principal Forgiveness on Loans funded by the Federal Clean Water Act or in an equivalent amount up to the Capitalization Grant Award;

·         Florida Administrative Code 62-503 requires authorization to apply for loans, to establish pledged revenues, to designate an authorized representative; to provide assurances of compliance with loan program requirements; to enter into a loan agreement;

·         The SRF loan priority list designates Town of Davie Potable Reuse Pilot (Project No. WW 06131) has been preapproved and identified as eligible for available funding;

·         The Town of Davie, Florida, is authorized to apply for a loan to finance the Project and intends to enter into a loan agreement with the FDEP under the State Revolving Fund for project financing;

·         The Town of Davie designates the Mayor as the authorized representative to apply for, provide assurances and commitments required by the loan application (WW061310), and to execute the loan agreement which will become a binding obligation in accordance with its terms, when signed by both parties; and

·         The Mayor is further authorized to delegate to appropriate Town staff/authorized representative the authority to sign ancillary forms and documents in connection with the loan application and to carry out technical, financial, and administrative activities associated with the loan agreement.

Previous Actions:Resolution R 2025-231
Concurrences:

Administration, Budget & Finance, Procurement, Legal, Utilities


Fiscal Impact:
Has request been budgeted?Yes
If yes expected cost:$1,4000,000
Account name and number:400.60.675.536-563146 - Direct Potable Reuse Pilot
If no, amount needed:
Account name funds will be appropriated from
Additional CommentsFunding for the proceeds and the use of the proceeds are budgeted.

Recommendation:Motion to approve

Strategic Goals This Item Supports:
Commitment to Customer Satisfaction, Dedication to Excellence in Service Delivery, Nurturing the health, safety, and welfare of the community


ATTACHMENTS:
File NameDescription
1._Town_of_Davie_Potable_Reuse_-_CWSRF_Resolution_amended.docxResolution
Agreement_WW061310_Davie.pdfAgreement
R2025-231___CWSRF_EC_Loan_Application_signed.pdfBackup R 2025-231