HomeMy WebLinkAboutR-2025-075 FDEP Amendment for SW 52nd Street Stormwater Drainage ProjectRESOLUTION NO. 2025-075
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY
OF DANIA BEACH AND THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR THE SW 52ND STREET DRAINAGE
PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on December 8, 2020, the City Commission authorized the SW 52nd Street
Stormwater Improvement Project (Project), along with other neighborhood drainage projects, to
address chronic flooding; and
WHEREAS, the City of Dania Beach requested state funding from the Florida State
Legislature for the 2023 Legislative Session for the SW 52nd Street Stormwater Improvement
Project; and
WHEREAS, the Florida State Legislature awarded the City of Dania Beach Five Hundred
Thousand Dollars ($500,000.00) for the SW 52nd Street Stormwater Improvement Project LPA
0506; and
WHEREAS, the Florida Department of Environmental Protection (FDEP) has issued
Amendment No. 1 to the Standard Grant Agreement to be revised to change the date of expiration
for SW 52nd Street Drainage Project to March 31, 2026, to provide additional time to complete the
project under the same terms and conditions; and
WHEREAS, the City Administration supports the SW 52nd Street Stormwater
Improvement Project and revisions described in the FDEP Amendment No.1 Standard Grant
Agreement attached as “Exhibit A”, which is made a part of and is incorporated into this
Resolution by this reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the proper City officials are authorized to accept and execute FDEP
Amendment No.1 Standard Grant Agreement on behalf of the City of Dania Beach for the SW 52nd
Street Stormwater Improvement Project.
2 RESOLUTION #2025-075
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement which are deemed necessary and proper and in the best interest of the
City.
Section 4. That funding is not necessary for the revisions stated.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on May 27, 2025.
Motion by Vice Mayor Salvino, second by Commissioner Rimoli.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
DEP Agreement No. LPA0506, Amendment No. 1, Page 1 of 2
AMENDMENT NO. 1
TO AGREEMENT NO. LPA0506
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
CITY OF DANIA BEACH
This Amendment to Agreement No. LPA0506 (Agreement) is made by and between the Department of
Environmental Protection (Department), an agency of the State of Florida, and the City of Dania Beach
(Grantee), on the date last signed below.
WHEREAS, the Department entered into the Agreement with the Grantee for Dania Beach SW 52nd Street
Stormwater Improvement Project (Project), effective September 29, 2023; and,
WHEREAS, an extension to the Agreement is needed to provide additional time to complete the Project;
and,
WHEREAS, other changes to the Agreement are necessary; and,
WHEREAS, the parties have agreed to amend the Agreement as set forth herein.
NOW THEREFORE, the parties agree as follows:
1. Section 3. of the Standard Grant Agreement is hereby revised to change the Date of Expiration to
March 31, 2026. The Department and the Grantee shall continue to perform their respective duties
during this extension period pursuant to the same terms and conditions provided in the Agreement.
2. Section 6. of the Standard Grant Agreement is hereby revised to the following:
Grantee’s Grant Manager
Name: Sean Shutten
Address: 1201 Stirling Road
Dania Beach, FL 33004
Phone: 954-924-6808
Email: sschutten@daniabeachfl.gov
3. Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-1,
Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the
Agreement. All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment
3-1, Revised Grant Work Plan.
4. Attachment 5, Special Audit Requirements, is hereby deleted in its entirety and replaced with
Attachment 5-1, Revised Special Audit Requirements, as attached to this Amendment and hereby
incorporated into the Agreement. All references in the Agreement to Attachment 5, shall hereinafter
refer to Attachment 5-1, Revised Special Audit Requirements.
5. Exhibit A, Progress Report Form, is hereby deleted in its entirety and replaced with Exhibit A-1,
attached hereto and made a part of the Agreement. All references in the Agreement to Exhibit A
shall hereinafter refer to Exhibit A-1.
DEP Agreement No. LPA0506, Amendment No. 1, Page 2 of 2
6. All other terms and conditions of the Agreement remain in effect. If and to the extent that any
inconsistency may appear between the Agreement and this Amendment, the provisions of this
Amendment shall control.
The parties agree to the terms and conditions of this Amendment and have duly authorized their respective
representatives to sign it on the dates indicated below.
CITY OF DANIA BEACH
By:
Authorized Signature
Ana M. Garcia, City Manager
Print Name and Title
Date:
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Secretary or Designee
Angela Knecht, Division Director
Print Name and Title
Date:
Kate Pace, DEP Grant Manager
Amanda Peck, DEP QC Reviewer
List of attachments/exhibits included as part of this Amendment:
Specify Type Letter/ Number Description
Attachment 3-1 Revised Grant Work Plan
Attachment 5-1 Revised Special Audit Requirements
Exhibit A-1 Progress Report Form
DEP Agreement No. LPA0506, Attachment 3-1, Page 1 of 2
ATTACHMENT 3-1
REVISED GRANT WORK PLAN
PROJECT TITLE: Dania Beach SW 52nd Street Stormwater Improvement Project
PROJECT LOCATION: The Project will be located in the City of Dania Beach within Broward County;
Lat/Long (26.0574, -80.2040).
PROJECT BACKGROUND: The City of Dania Beach’s (Grantee) SW 52nd Street is a low-lying
residential roadway with no existing stormwater infrastructure, which causes flooding during storm events.
A study was conducted in the neighborhood in 2017 to model the project area, to determine deficiencies
and recommend stormwater improvements to alleviate flooding. Recommendations from the study that will
be addressed through this project will be to regrade the right of way swales, construction of inlets and piping
and connecting them to a storm water network along SW 43rd Terrace that discharges to a nearby lake.
These improvements will provide additional water quality and provide an outlet for the stormwater runoff
to discharge offsite, overall reducing the flooding depth and flooding duration in the neighborhood.
PROJECT DESCRIPTION: The Grantee will construct inlets and piping and regrade swales in the road
right of way to connect to an existing storm water network. The project will install approximately five (5)
“Type C” Drain Structures; ten (10) 48-inch drainage catch basins; 200 linear feet of 15-inch Reinforced
Concrete Pipe (RCP) drainage pipe; and 18-inch RCP drainage pipe.
TASKS: All documentation should be submitted electronically unless otherwise indicated and should be
submitted prior to the expiration of the grant agreement.
Task #1: Construction
Deliverables: The Grantee will construct the Dania Beach SW 52nd Street Stormwater Improvement
Project in accordance with the construction contract documents.
Documentation: The Grantee will submit: 1) a copy of the final design; 2) a signed summary of activities
completed for the period of work covered in the payment request, using the format provided by the
Department’s Grant Manager. Upon request by the Department’s Grant Manager, the Grantee will provide
additional supporting documentation relating to this task..
Performance Standard: The Department’s Grant Manager will review the documentation to verify that
the deliverables have been completed as described above. Upon review and written acceptance by the
Department’s Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding task
end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below.
For any Task with a Budget Category of Contractual Services, the Grantee shall submit a copy of the
executed subcontract(s) to the Department prior to submitting any invoices for subcontracted work.
DEP Agreement No. LPA0506, Attachment 3-1, Page 2 of 2
Task
No. Task Title Budget Category Grant
Amount
Task
Start Date
Task
End Date
1 Construction Contractual Services $500,000 07/01/2023 09/30/2025
Total: $500,000
Note that, per Section 8 of Attachment 1 of the Agreement, authorization for continuation and completion
of work and any associated payments may be rescinded, with proper notice, at the discretion of the
Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries
the risk that funds for this project may become unavailable in the future. This should be a consideration for
the Grantee with this and future requests for extension.
Attachment 5-1
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BGS-DEP 55-215 revised 11/19/24
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Revised Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5-1
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be
referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring
by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and
Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to,
on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR
§200.330
1. A recipient that expends $1,000,000 or more in Federal awards in its fiscal year, must have a single or
program-specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT
1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection
by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider
all sources of federal awards, including federal resources received from the Department of Environmental
Protection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
3. A recipient that expends less than $1,000,000 in federal awards in its fiscal year is not required to have an
audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the
recipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the
audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient
resources obtained from non-federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at https://sam.gov/content/assistance-listings.
Attachment 5-1
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BGS-DEP 55-215 revised 11/19/24
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental
Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance, including state financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial
assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost
of such an audit must be paid from the recipient’s resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/,
Department of Financial Services’ Website at http://www.fldfs.com/and the Auditor General's Website at
http://www.myflorida.com/audgen/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by
or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by
2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
Attachment 5-1
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BGS-DEP 55-215 revised 11/19/24
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
B. The Auditor General’s Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General’s website (http://flauditor.gov/) provides instructions for filing an
electronic copy of a financial reporting package.
3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
4. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR
200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
Attachment 5-1
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BGS-DEP 55-215 revised 11/19/24
5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local
governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should
indicate the date and time the reporting package was delivered to the recipient and any correspondence
accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of
Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years
from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.
Attachment 5-1, Exhibit 1
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BGS-DEP 55-215
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EXHIBIT – 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program
and show total federal resources awarded
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal
Program
A
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
$
Federal
Program
B
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
$
Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in
the same manner as shown below:
Federal
Program
A
First Compliance requirement: i.e.: (what services of purposes resources must be used for)
Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources)
Etc.
Etc.
Federal
Program
B
First Compliance requirement: i.e.: (what services of purposes resources must be used for)
Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources)
Etc.
Etc.
Attachment 5-1, Exhibit 1
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BGS-DEP 55-215
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Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each
federal program and show total state resources awarded for matching.
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs:
Federal
Program
A
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
Federal
Program
B
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show
total state financial assistance awarded that is subject to section 215.97, F.S.
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
A
State Awarding Agency
State
Fiscal Year 1
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
Original
Agreement
Florida Department of
Environmental Protection 2023-2024 37.039 Statewide Water Quality Restoration
Projects $500,000 140047
State
Program
B
State Awarding Agency
State
Fiscal Year 2
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
Total Award $500,000
Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department
for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different
requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc.) listed under this category.
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[https://sam.gov/content/assistance-listings] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx], and
State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https://apps.fldfs.com/fsaa/state_project_compliance.aspx]. The
1 Subject to change by Change Order.
2 Subject to change by Change Order.
Attachment 5-1, Exhibit 1
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services/purposes for which the funds are to be used are included in the Agreement’s Grant Work Plan. Any match required by the Recipient is clearly indicated
in the Agreement.
Exhibit A-1, Page 1 of 1
Rev. 1/19/24
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Exhibit A-1
Progress Report Form
The current Exhibit A, Progress Report Form for this grant can be found on the Department’s website
at this link:
https://floridadep.gov/wra/wra/documents/progress-report-form
Please use the most current form found on the website, linked above, for each progress report submitted
for this project.