HomeMy WebLinkAboutR-2022-169 FDEO CDBG Mitigation Program Amendment to Agreement for Stormwater Master Plan RESOLUTION NO. 2022-169
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE AGREEMENT BETWEEN THE CITY
AND THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO
REVISE SECTION 15 OF THE AGREEMENT FOR THE STORMWATER
MASTERPLAN PROJECT TO PROVIDE A QUICK RESOLUTION OF
CITIZEN COMPLAINTS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,on November 9, 2021,the City of Dania Beach and the Florida Department
of Economic Opportunity entered into an Agreement(MT004)for funding the Stormwater Master
Plan Project pursuant to Resolution No. 2021-166; and
WHEREAS, Section 5, Modification of the Agreement,provides that any amendment to
the Agreement shall be in writing and executed by both parties; and
WHEREAS,the parties wish to amend Section 15 Citizen Complaints of the Agreement,
as reflected in Amendment One, attached to this resolution as Exhibit A, so as to recognize a
process for the Department of Economic Opportunity to resolve citizen complaints in a timely
manner, usually within fifteen (15) business days of the receipt of the complaint as expected by
HUD, if practicable, and to provide the right to participate in the process and appeal a decision
when there is reason for an applicant to believe its application was not handled according to
program policies;
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 City Commission authorizes the proper City officials to execute
Amendment One to the agreement, attached as Exhibit A,which is incorporated by reference into
this resolution,which agreement is with the Florida Department of Economic Opportunity for the
Stormwater Master Plan Project.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall become effective upon its passage and adoption.
PASSED AND ADOPTED on November 21, 2022.
ATTEST:
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•
THOMAS SCHNEIDER, CMC • ARC B J. AN IV
CITY CLERK \ MAYO
QtrsHEO
APPROVED AS TO FORM AND CORRECTNESS:
E . BO TIS
CI ATTORNEY
2 RESOLUTION#2022-169
DEO Agreement Number: MT006
AMENDMENT ONE
TO THE FEDERALLY FUNDED
COMMUNITY DEVELOPMENT BLOCK GRANT
MITIGATION PROGRAM (CDBG-MIT)
SUBRECIPIENT AGREEMENT
On 11/5/2021 the State of Florida, Department of Economic Opportunity("DEO"),and
Dania Beach ("Grantee") entered into agreement MT004 ("Agreement"). DEO and the Subrecipient may
individually be referred to herein as a "Party"or collectively as the"Parties".
WHEREAS,Section 5, Modification of Agreement,of the Agreement provides that any amendment to the
Agreement shall be in writing executed by the Parties thereto;and
WHEREAS,the Parties wish to amend the Agreement as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein,the receipt
and sufficiency of which are hereby acknowledged,the Parties agree to the following:
1. Section 15, Citizen Complaints, is hereby deleted in its entirety and replaced with the following:
(15) Citizen Complaints. The goal of DEO is to provide an opportunity to resolve citizen complaints in a
timely manner, usually within fifteen (15) business days of the receipt of the complaint as expected by
HUD,if practicable,and to provide the right to participate in the process and appeal a decision when there
is reason for an applicant to believe its application was not handled according to program policies. All
applications,guidelines and websites will include details on the right to file a complaint or appeal and the
process for filing a complaint or beginning an appeal.
The Subrecipient will handle citizen complaints by:
(a) Conducting investigations,as necessary;
(b) Finding a resolution; or
(c) Conducting follow-up actions.
Program Appeals
Applicants may appeal program decisions related to one of the following activities:
(a) Aprogrameligibilitydetermination;
(b) A program assistance award calculation; or
(c) A program decision concerning housing unit damage and the resulting program outcome.
Citizens may file a written complaint or appeal with the Office of Long-Term Resiliency by email at
CDBG-DRPdeo.myflorida.com or by mail to the following address:
Attention:Office of Long-Term Resiliency
Florida Department of Economic Opportunity
107 East Madison Street
The Caldwell Building, MSC 420
Tallahassee, Florida 32399
Page 1 of 3
Date Revised 4/19/2022
DEO Agreement Number: MT006
HUD Complaints
If the complainant is not satisfied by the Subrecipient's determination or DEO's response, then the
complainant may file a written appeal by following the instructions issued in the letter of response. If the
complainant has not been satisfied with the response at the conclusion of the complaint or appeals
process, a formal complaint may then be addressed directly to the regional Department of Housing and
Urban Development(HUD)at:
Department of Housing& Urban Development
Charles E. Bennet Federal Building
400 West Bay Street,Suite 1015
Jacksonville, FL 32202
Fair Housing Complaints
The Florida Office of Long-Term Resiliency operates in Accordance with the Federal Fair Housing Law(The
Fair Housing Amendments Act of 1988). Anyone who feels he or she has been discriminated against may
file a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or
www.hud.gov/fairhousing.
2. All other terms and conditions remain in effect.
—Remainder Left Intentionally Blank
Page 2 of 3
Date Revised 4/19/2022
pt of the complaint as expected by
HUD,if practicable,and to provide the right to participate in the process and appeal a decision when there
is reason for an applicant to believe its application was not handled according to program policies. All
applications,guidelines and websites will include details on the right to file a complaint or appeal and the
process for filing a complaint or beginning an appeal.
The Subrecipient will handle citizen complaints by:
(a) Conducting investigations,as necessary;
(b) Finding a resolution; or
(c) Conducting follow-up actions.
Program Appeals
Applicants may appeal program decisions related to one of the following activities:
(a) Aprogrameligibilitydetermination;
(b) A program assistance award calculation; or
(c) A program decision concerning housing unit damage and the resulting program outcome.
Citizens may file a written complaint or appeal with the Office of Long-Term Resiliency by email at
CDBG-DRPdeo.myflorida.com or by mail to the following address:
Attention:Office of Long-Term Resiliency
Florida Department of Economic Opportunity
107 East Madison Street
The Caldwell Building, MSC 420
Tallahassee, Florida 32399
Page 1 of 3
Date Revised 4/19/2022
DEO Agreement Number: MT006
IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and
provisions of DEO Agreement Number MT006 as amended.This Amendment is effective on the date the
last Party signs this Amendment.
Dania Beach DEPARTMENT OF ECONOMIC OPPORTUNITY
SIGNED: SIGNED:
Archibald J. Ryan IV MERIDITH
MAYOR CHIEF OF STAFF
DATE: DATE:
Approved as to form and legal sufficiency,subject
only to full and proper execution by the Parties.
OFFICE OF GENERAL COUNSEL
DEPARTMENT OF ECONOMIC OPPORTUNITY
By:
Approved Date:
ATTEST: CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
THOMAS SCHNEIDER,CMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS
EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM
CITY ATTORNEY CITY MANAGER
DATE:
Page 3 of 3
Date Revised 4/19/2022
der Left Intentionally Blank
Page 2 of 3
Date Revised 4/19/2022
pt of the complaint as expected by
HUD,if practicable,and to provide the right to participate in the process and appeal a decision when there
is reason for an applicant to believe its application was not handled according to program policies. All
applications,guidelines and websites will include details on the right to file a complaint or appeal and the
process for filing a complaint or beginning an appeal.
The Subrecipient will handle citizen complaints by:
(a) Conducting investigations,as necessary;
(b) Finding a resolution; or
(c) Conducting follow-up actions.
Program Appeals
Applicants may appeal program decisions related to one of the following activities:
(a) Aprogrameligibilitydetermination;
(b) A program assistance award calculation; or
(c) A program decision concerning housing unit damage and the resulting program outcome.
Citizens may file a written complaint or appeal with the Office of Long-Term Resiliency by email at
CDBG-DRPdeo.myflorida.com or by mail to the following address:
Attention:Office of Long-Term Resiliency
Florida Department of Economic Opportunity
107 East Madison Street
The Caldwell Building, MSC 420
Tallahassee, Florida 32399
Page 1 of 3
Date Revised 4/19/2022