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R113261 City Council Meeting: March 23, 2021 Santa Monica, California RESOLUTION NUMBER (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO APPLY FOR FINANCIAL ASSISTANCE THROUGH THE WATER INFRASTRUCTURE FINANCE AND INNOVATION ACT PROGRAM AND TO NEGOTIATE AND EXECUTE A FUNDING AGREEMENT WHEREAS, on January 25, 2011, the City Council directed staff to develop a plan to achieve water self-sufficiency on local water sources; and WHEREAS, the City recognizes that a sustainable and secure water future must include the coordinated and conjunctive use of all locally available water resources including traditionally non-potable sources such as brackish groundwater, stormwater, and wastewater as outlined in the City’s 2018 Sustainable Water Master Plan Update; and WHEREAS, pursuant and subject to all of the terms and provisions of the Water Infrastructure Finance and Innovation Act (WIFIA) of 2014, the United States Environmental Protection Agency (EPA) is administering the federal credit assistance program for eligible water and wastewater infrastructure projects; and WHEREAS, such credit assistance would support investment in water and wastewater infrastructure by providing long-term, low-cost supplemental loans for regionally and nationally significant projects; and 11326 DocuSign Envelope ID: 6342A57A-DC32-43E8-A740-7A173AE35A8C 2 WHEREAS, on October 15, 2020, the City’s Water Resources Division submitted a Letter of Interest to the WIFIA program to finance the City’s water and wastewater infrastructure projects; and WHEREAS, on January 8, 2021, the EPA sent a letter of acceptance to the City’s Water Resources Division, inviting the City to submit an application for such funds on or before May 15, 2021; and WHEREAS, the EPA requires an application fee of $100,000 to be submitted with the WIFIA application, which will be applied towards the credit processing fee of up to $300,000 to close the loan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Manager or his or her designee is authorized to apply for credit assistance for funds up to $84,420,000 or not to exceed 49 percent of total eligible costs for the City’s Sustainable Water Supply Program. The City Manager or his or her designee is also authorized to negotiate with the United States Environmental Protection Agency in connection with the funding application and terms of the proposed financial assistance, if any. The City agrees to meet established requirements of the WIFIA Program in connection with the funding application. SECTION 2. In furtherance of the intent and purposes of this resolution, the payment of costs and expenses related to the preparation of the WIFIA application is DocuSign Envelope ID: 6342A57A-DC32-43E8-A740-7A173AE35A8C 3 hereby authorized in an amount not to exceed $300,000 for the credit processing fee, including an initial WIFIA application fee of $100,000 to the EPA. SECTION 3. The City of Santa Monica hereby agrees and further does authorize the City Manager or his or her designee to certify that the City of Santa Monica has and will comply with all applicable state and federal statutory and regulatory requirements related to any federal and state funds received. SECTION 4. The City Manager or his or her designee is hereby authorized to negotiate and execute a funding agreement and any amendments or change orders thereto, take any implementing actions necessary to obtain the WIFIA loan, and certify funding disbursement on behalf of the City of Santa Monica. SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: GEORGE S. CARDONA Interim City Attorney DocuSign Envelope ID: 6342A57A-DC32-43E8-A740-7A173AE35A8C Adopted and approved this 23rd day of March 2021. __________________________ Sue Himmelrich, Mayor I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11326 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 23rd day of March 2021, by the following vote: AYES: Councilmembers Brock, Davis, De la Torre, McKeown, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None ATTEST: _____________________________________ Denise Anderson-Warren, City Clerk DocuSign Envelope ID: 6342A57A-DC32-43E8-A740-7A173AE35A8C