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HomeMy WebLinkAboutR-2024-112 Amendment to Stormwater Master Plan Agreement with FL Dept of CommerceRESOLI.lTION NO.2O2{-\\L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA. AMENDINC THE AGREEMENT BETWEEN THE CITY AND THE STATE OF FLORIDA DEPARTMENT OF COMMERCE FOR THE STORMWATER MASTER PLAN: PROVIDING FOR CONFLICTS: FLIRTHER. PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 8, 2021. the City olDania Beach and the Florida Department of Economic Opportunity entered into an Agreement for funding the Stormwater Master Plan (SWMP) pursuant to Resolution No. 2021-166: and WHEREAS, on November 21.2022 the Citl'of Dania Beach and the Florida Department of Economic Opportuniry executed Amendment One to the Agreement for tunding the Stormwater Master Plan pursuant to Resolution No. 2022- 169; and WHEREAS, the parties wish to amend the Agreement as follows: Section 28 Employment Eligibility Verification; Attachment A - Project Description and Deliverables; Attachment G - Reports; and recognizes the name change ofthe Florida Department of Economic Opportunity to the State of Ftorida Department of Commerce (FDC). as reflected in Amendment Tp'o. attached as Exhibit *A'' and incorporated into this Resolution b1'' this reference. NOW, THER-EFORE, 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 ofand incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the proper City officials to execute Amendment Two to the agreement, attached as Exhibit A, u,hich is incorporated by reference into this Resolution. which Agreement is with the FDC for the Stormwater Master Plan. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 be eifective l0 days after passage. THIS SPACE INTENTIONALLY LEFT BLANK Auaus} 21 ,2024.PASSED AND ADOPTED on lV{otion br FINAL VOTE ON ADOPTION: Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV ATTEST: ELORA CITY CLERK APPROVED AS TO FORM AND CO L.Lwtlsecond Unanimous Yes No C ARCHIBAI- MAYOR AN IVJ S Bo SISE C TTORNEY -)RESOLUTION 4202.I-t12 ) h_=- DocuSign Envelope lD: 31A3F843-1683-4890-913B-10EC53AEDO8A Commerce Agreem€nt Number: MT004 AMENDMENT TWO TO THE FEDERALTY FUNDED COMMUNITY DEVETOPMENT BLOCK GRANT MITIGATION PROGRAM (CDBG.MIT} SUBRECIPIENT AGREEMENT On December 8, 2021, the State of Florida, Department of Commerce ("Commerce"), formerly known as the Florida Department of Economic Opportunity, and the City of Dania Beach, Florida ("Subrecipient") entered into agreement MT004 ("Agreement"). Commerce 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 original Agreement between the parties provides that any amendment to the Agreement shall be in writing executed by the Parties thereto. WHEREAS the Agreement was previously amended on December 11,2022; 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: L. On July 1, 2023, the Florida Department of Economic Opportunity was renamed to the Florida Department of Commerce. Effective July 1,2023, all references throughout the Agreement to "Department of Economic Opportunity" or "DEO" are replaced with "Department of Commerce" or "Commerce" as appropriate. E-Verify is an lnternet-based system that allows an employer, using information reported on an employee's Form l-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E- Verify. The Department of Homeland Security's E-Verify system can be found at: htt OV B. ln accordance with section 448.095, F.S., the State of Florida expressly requires the following: (1) Every publicagencyand its contractors and subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public agency or a contractor or subcontractor thereof may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. (2) An employer shall verify each new employee's employment eligibility within three (3) business days after the first day that the new employee begins working for pay as required under I C.F.R.274a. Beginning.,uly L,2023, a private employer with 25 or Date rcvised 9/26/2021 Page 1of 10 2. Section 28, Employment Eligibility Verification, is hereby deleted in its entirety and replaced with the following: OocuSign Envelope lD: 31A3F843-1683-4890-9138-10EC53AEDD8A Commerce Agreement Number; MT004 more employees shall use the E-Verify system to verify a new employee's employment eligibility. C. lf an entity does not use E-Verify, the entity shall enroll in the E-Verify system prior to hiring any new employee or retaining any contract employee after the effective date of this Agreement._ 3. Attachment A, Project Description and Deliverables, is hereby deleted in its entirety and replaced with the attached Attachment A. 4- Attachment G, Reports, Section 3, is hereby deleted in its entirety and replaced with the following: 3. The Subrecipient shall closeout its use of the CDBG-MlT funds and its obligations under this Agreement by complying with the closeout procedures in 2 CFR 5 200.344. Activities during this close-out period may include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances and accounts receivable to the Subrecipient) and determining the custodianship of records. Notwithstanding the terms of 2 CFR 200.344, upon the expiration of this Agreement, the Subrecipient shall transfer to the recipient any CDBG-MlT funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG-MlT funds. Further, any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-MlT funds (including CDBG-MlT funds provided to the Subrecipient in the form of a loan) shall be treated in accordance with 24 CFR 570.503(b)(7). 6. Section 3 Quarterly Reporting Requirements. Reporting of labor hours for Section 3 projects must comply with 24 CFR 575.25(a). Subrecipients must report the following: (i) the total number of labor hours worked; (ii) the total number of labor hours worked by Section 3 workers; and (iii) the total number of labor hours worked by Targeted Section 3 workers. lf Section 3 benchmarks are not met, the subrecipient's qualitative efforts must be reported in a manner required by 24 CFR S75.25(b). Subrecipients shall provide Section 3 Reporting quarterly to Commerce by the 10th of each quarter (.,anuary L0, April 10, July 10, and October 10). For Section 3 Reporting, Subrecipients should complete and return the Project lmplementation Plan template to Commerce. 6. All other terms and conditions of the Subrecipient Agreement not otherwise amended remain in full force and effect. - Remainder Left lntentionally Blank - Date revised 9/2612023 Page 2 of 10 5. Attachment G, Reports, Section 6, is hereby deleted in its entirety and replaced with the following: DocuSign Envelope lDr 31A3F843-1683-4890-9138-10EC53AEDD8A Commerce Agreement N um ber: MT004 lN WITNESS HEREOF, by signature below, the Parties agree to abide by the t€rms, conditions, and provisions of Commerce Agreement Number MT0O4, as amended. This Amendment is effective on the date the last Party signs this Amendment. CITY OF DANIA BEACH, FLORIDA FTORIDA DEPARTMENT OF COMMERCE SIGNED:SIGNED ARCHIBALD J. RYAN IV J. ATEX KELTY MAYOR SECRETARY DAIE DATE: Approved as to form and legal sufficiency, sub.iect only to full and proper execution by the Parties. OFFICE OF GENERAT COUNSET FLORIDA DEPARTMENT OF COMMERCE By Approved Date: Date revised 9/2612023 Page 3 of 10 DocuSrgn Envelope lD: 31A3F843-1683-4890-91 3B-10EC53AEDD8A Attachment A - Project Description and Deliverables 1. PROGRAMDESCRIPTION: ln April 2018, the U.5. Department of Housing and Urban Development (HUD) announced the State of Florida, Department of Commerce (Commerce) would receive 5633,485,000 in funding to support long- term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MlI) program. Awards were distributed on a competitive basis targeting HUD designated Most lmpacted and Distressed (MlD) Areas, primarily addressing the Benefits to Low-to-Moderate lncome (LMl) National Objective. Additional information may be found in the Federal Registet Vol.84, No. 169. The Florida Department of Commerce (Commerce) has apportioned the Federal Award to include the following initiatives: Critical Facility Hardening Program 575,000,000; General Planning Support Program 520,000,000; General lnfrastructure Program 5475,000,000; and State Planning and Administration S63,48s,ooo. This award has been granted under the General Planning Support Program. Projects eligible fo[ but not limited to, funding under this program are: . Regional mitigation plans . Modernization and resiliency planning . Comprehensive, capital improvement, and community development plans o Floodplain and wetland management plans o Land use and urban environment plans . lntegration of mitigation plans with other planning initiatives The City of Dania Beach, Florida has been awarded Seven Hundred Ninety-Five Thousand Dollars and Zero Cents 5795,000.00 in CDBG-MlT (Community Development Block Grant - Mitigation) funding to provide the city with a comprehensive plan to address stormwater flooding and drainage issues within the City for the next 50 years. The city experiences a wide range of drainage challenges throughout stemming from sea level rise, an aging stormwater system, nearly built-out development, and increased rainfall durrng storms. The planning effort will consist of hydrologic and hydraulic modeling, future conditions analysis, community outreach, and culminate with a Stormwater Drainage Plan. The project is estimated to start October 1, 2021-, and be completed within 48 months. This project satisfies the Low-to-Moderate lncome (LMl) National Objectives requirements with a service area LMI of over 55%. The City will provide leverage funds for this project. 3. SUBRECIPIENT RESPONSIBITITIES A. Complete and submit the below items to Commerce within thirty (30) calendar days of execution of the agreement: 1) Organizational Chart with contact information 2) Job descriptions for Subrecipient's employees, contracted staff, vendors, and contractors. Page 4 of 10 Commerce Agreement Number: MT004 2. PROJECTDESCRIPTION: Date revised 9/25/2023 Docusign Envelope lDr 31A3F843-1683-4890-913B-10EC53AEDD8A Commerce Agreement N umber: MT004 B. Develop and submit a copy of the following policies and procedures to the Commerce 6rant Manager for review and approval within thirty (30) calendar days of Agreement execution. The COMMERCE Grant Manager will provide approval in writing prior to the policies and procedures being implemented. 1) Procurement policies and procedures that incorporate 2 CFR 2O0.311-327. 2) Administrative financial management policies, which must comply with all applicable HUD CDBG-MlT and State of Florida rules. 3) Quality assurance and quality control system policies and procedures that comply with all applicable HUD C0GB-MlT and COMMERCE policies. 4) Policies and procedures to detect and prevent fraud, waste and abuse that describe how the subrecipient will verify the accuracy of monitoring policy indicating how and why monitoring is conducted, the frequency of monitoring policy, and which items will be monitored, and procedures for referring instances of fraud, waste and abuse to HUD IOG Fraud Hotline (phone: 1-800-347-3735 or email hotline@ hudois.sov) 5) Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award. C. Attend fraud related training offered by HUD OIG to assist in the proper management of CDBG- MIT grant funds when available. D. Upload required documents into a system of record provided by COMMERCE. E. complete and submit an updated Project Detail Budget (Attachment B) for review and approval by Commerce no later than thirty (30) days after Agreement execution. Any changes to the Project Detail Budget must be submitted in the monthly report submitted to Commerce for review and approval by the Commerce Grant Manager. F. Maintain organized subrecipient agreement files and make them accessible to Commerce or its representatives, upon request. G. Comply with all terms and conditions of the subrecipient agreement, lnfrastructure Program Guidelines, Action Plans, Action Plan amendments, and Federal, State, and local laws. H. Provide copies of all proposed procurement documents to Commerce ten (10) days prior to posting as detailed in Attachment D of Subrecipient Agreement. The proposed procurement documents will be reviewed and approved by Commerce Grant Manager Should the procurement documents require revisions based on state or federal requirements, Subrecipient will be required to postpone procurement and submit revised documents for review and approval. l. Complete procurement of all applicants for internal grants management and compliance and direct program and product production, including: 1. Selection of applicants, subrecipients and/or staff that will be responsible for managing applicant intake and related operations, compliance, finance, and administration. 2. Selection of applicants, subrecipients and/or staff that will be responsible for appraisal, environmental revieW title services and legal services. 3. Copies of all contracts that will be executed by Subrecipient. Contracts must be provided to Commerce prior to execution as detailed in Attachment D. Any contract executed by Subrecipient must follow the terms and conditions set forth in this Agreement. Should the submitted contract require necessary additions and/or changes, commerce's contract Manager will contact Subrecipient regarding chan8es. Subrecipient is required to submit the Dale rcvised 9/26/2023 Page 5 of 10 DocuSign Envelope lDi 31A3F843-1683-4890-9138-10EC53AEDo8A Commerce Agreement Number: MT004 updated contract within thirty (30) days. Should the contract not be submitted in a timely manner, Subrecipient will b€ required to complete the selection process once more. J. Ensure all projects seeking assistance under the current CDBG-MlT funds, and any future funds allocated for Mitigation, provided by Commerc€, receive the required Environmental Clearance from Commerce prior to Subrecipient being able to commit CDB6-MlT funds. K. Provide the following information on a quarterly basis within ten (10) calendar days after the end of each quarter: 1. A revised detail report measuring the actual cost versus the project cost. 2. An updated Attachment C which documents any changes to the project progress along with jus6fication for the revision. L. Develop and submit to Commerce a monthly revised detailed timeline for implementation consistent with the milestones outlined in the Mitigation Program Guidelines and report actual progress against the projected progress ten (10) calendar days after the end of each month. M. Provide the following information on a quarterly basis within ten (10) calendar days of the end of each quarter: 1. Submit updated organization chart on a quarterly basis with quarterly report. 2. lf staffing changes, there must be s submittal stating the names, job descriptons, on the monthly report deadline. 3. A progress report documenting the following information: a. Accomplishments within the past quarter; b. lssues or risks that have been faced with resolutions; and c. Projected activities to be completed within the following quarter N. Subrecipient shall adhere to the deadlines for the project as agreed upon in the Attachment C - Activity Work Plan. lf Subrecipient is unable to meet a deadline within thirty (30) calendar days of the due date, Subrecipient shall request an extension of such deadline from Commerce in writing at least thirty (30) business days prior to the deadline. Deadlines shall not be ertended outside of the term of this Agreement except by a formal amendment executed in accordance with Section (5) Modification of Agreement. O. Close out report will be due no later than sixty (60) calendar days after this Agreement ends or is otherwise terminated. 4. ELIGIBTE TASKS AND DELIVERABTES: A. Deliverable No. 1- Community Engagement - Collect, Review and Analyze Current Stormwater Documentation Data - Gathering effort to document stormwater system location, characteristics, and document exis6ng flooding and water quality issues. Gather and compile datasets to develop a Gls database of existing conditions, including survey data and as-builts, rainfall data, elevation data, FEMA Flood lnsurance Rate Map information, soils data, land use information, pollutant records, permitted stormwater activity documentation, and other available system information for maintenance and inspections. 1 Date revised 9/2612023 Page 6 of 10 Docus gn Envelope lD: 31A3F843-1683-4890-9138-10EC53AEDD8A Commerce Agreement Number: MT004 2. Conduct field survey of stormwater system, documenting location/orientation, size, materia l, and condition. lntegrate data gathered into a GIS database. 3. Engage with City staff, regulatory agencies, and the public using questionnaires and surveys. 4. Conduct one (1) neighborhood meeting to gather information for the planning effort. Documentation will include meeting advertisements, a meeting agenda, meeting presentation materials, sign-in sheets, meeting minutes, and a summary of feedback collected. lnterim documentation may be provided for reimbursement. B. Deliverable No. 2 - Stormwater Modeling Develop a hydrologic and hydraulic model to simulate drainage and flooding effects of extreme rainfall events, sea level rise, and increased development. 1. Model existing stormwater and drainage conditions using input data resulting from Deliverable 1. 2. Conduct water quality and sea level rise analysis, identifying and prioritizing basins in need of improvement and modeling improvement options. 3. Conduct one (1) neighborhood meeting to gather information for the planning effort. Documentation will include meeting advertisements, a meeting agenda, meeting presentation materials, sign-in sheets, meeting minutes, and a summary of feedback collected. lnterim documentation may be provided for reimbursement. C. Deliverable No. 3 - Capital lmprovement Planning Prepare project recommendations and conceptual designs for stormwater improvements, including review of the City's stormwater utility fee and identification of alternative funding sources. 1. Prepare conceptual designs and cost estimates for recommended stormwater improvements based on results from Deliverable 1. 2. Analyze existinB stormwater utility fee schedule and review alternative funding options. 3. Present the plan to the City Commission and public. Documentation will include meeting advertisements, a meeting agenda, presentation materials, sign-in sheets, meeting minutes, and a summary of feedback collected. 4. Conduct one (1) neighborhood meeting to gather information for the planning effort. Documentation will include meetinB advertisements, a meeting agenda, meeting presentation materials, sign-in sheets, meeting minutes, and a summary of feedback collected. lnterim documentation may be provided for reimbursement. D. Deliverable No. 4 - Final Citywide Stormwater Master Plan Develop Final Stormwater Master Plan L. Deliver completed Dania Beach Stormwater Master Plan Date (evised 9/26/2023 Page 7 of 10 Docus gn Envelope lD: 31A3FM3-1683-4890-9138-'10EC53AEDD8A Commerce Agreement Number: MT004 5. COMMERCE RESPONSIBILITES A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance with the Agreement to the extent required by law or deemed necessary be Commerce in its discretion. B. Assign a Grant Manager as a point of contact for Subrecipient. C. Review Subrecipient's invoices described herein and process them on a timely basis. D. Commerce shall monitor progress, review reports, conduct site visits, as Commerce determines necessary at Commerce's sole and absolute discretion, and process payments to Subrecipient 6. DELIVERABLES: Subrecipient agrees to provide the following services as specified: Deliverable No. 1 - Collect, Review, and Analyze Current Stormwater Documentation. Tasks Minimum Level of Service Financial Consequences Subrecipient shall complete eligible tasks as detailed in Section 4.A of this Scope of Work. Subrecipient may request reimbursement upon completion of a minimum of one (1) or more tasks listed in 4.A as evidenced by submittal of the following documentation: 1) copy of the Gls database created and populated for the project and provide hyper-link to the database 2) Copies of pro.ject survey and questionnaire and feedback 3) Meeting notice, agenda, presentation(s), sign in sheets (or electronic equivalent if conducted virtually) and comments/feedback for the public outreach meeting. 4) lnvoice package in accordance with Section 7 of this Scope of Work. Failure to complete the Minimum Level of Service as specified shall result in non- payment. Deliverable No.2 Total Cost: S493,275.00 Deliverable No- 2 - Stormwater Modelint Tasks Minimum Level of Services Financial Consequences Subrecipient shall complete eligible tasks as detailed in Section 4.8 of this Scope of Work. Subrecipient may request reimbursement upon completion of a minimum of one of the tasks listed in 4.8 as evidenced by submittal ofthe following documentation: 1) Copy of model(s) and resulting analysis. Failure to complete the Minimum Level of Service as specified shall result in non- payment. Date revised 9/25/2023 Page 8 of 10 Docusrgn Envelope lD: 3'1A3F8431683-4890-9134-1oEC53AEDD8A 2) Meeting notice, agenda, presentation(s), sign in sheets (or electronic equivalent if conducted virtually) and comments/feedback for the public outreach meeting. 3) lnvoice package in accordance with Section 7 of this Scope of Work. Deliverable No.3 Total cost: 5151,237.O0 Deliverable No. 3 - Capital lmprovement Planning Tasks Minimum Level of Service Financial Consequences Subrecipient shall complete eligible tasks as detailed in Section 4.c of this Scope of Work. Subrecipient may request reimbursement upon completion of a minimum of one of the tasks listed in 4.C as evidenced by submittal ofthe following documentation: 1) copy of design and cost estimates for recommended projects 2) Alternative funding options 3) Meeting notice, agenda, presentations, sign-in sheets (electronic equivalent if virtual), comments/feedback for City Commission presentation 4) lnvoice package in accordance with section 7 of this scope of Work. Failure to complete the Minimum Level of Service as specified shall result in non- payment. Deliverable No.4 Total Cost: $125,138.00 Task Minimum Level of Service Financial Consequences Subrecipient shall complete eligible tasks as detailed in Section 4.D of this Scope of Work. Subrecipient may request reimbursement upon completion of a minimum of one of the tasks listed in 4.D as evidenced by submittal of the following documentation i 1) Final Stormwater Master Plan 2) lnvoice package in accordance with Section 7 ofthis Scope of Work Failu re to complete the Minimum Level of Service as specified shall result in non- payment. Deliverable No.5 Cost - S25,350.00 TOTAr PROJECT COST NOT TO EXCEED 579s,0O0.0O Date .evised 9/2612023 Page 9 of 10 Commerce Agreement N umber: MT004 Deliverable No. 4 - Final Citywide Stormwater Master Plan DocuSlgn Envelope lD: 31A3F843-1683-4890-9138-10EC53AEDD8A Commerce Agreement Number: MT004 COST SHIFTING: The deliverable amounts specified within the Deliverables Section 6 table above are established based on the Parties estimation of sufficient delivery of services fulfilling grant purposes u nder the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict Commerce's ability to approve and reimburse allowable costs Subrecipient incurred providingthe deliverables herein. Priorwritten approval from Commerce's Grant Manageris required for changes to the above Deliverable amounts that do not exceed 10% of each deliverable total funding amount. Changesthatexceedl0%ofeachdeliverabletotal funding amou nt will require a formal written amendment request from Subrecipient, as described in MODIFICATION section of the Agreement. Regardless, in no event shall Commerce reimburse costs of more than the total amount of this Agreement 7. INVOICE SUBMITTAL A. Subrecipient is allowed to submit multiple invoices per month for services rendered during the applicable period of time as defined in the deliverable table. ln any month no deliverable has been completed, the subrecipient will provide notice that no invoicing will be submitted. B. The following documents shall be submitted with the itemized invoice: 1. A cover letter signed by Subrecipient's Agreement Manager certifying that the costs being claimed in the invoice package: (1) are specifically for the project represented to the State in the budget appropriation; (2) are for one or more of the components as stated in Section 5, DELIVERABLES, of this scoPE oF WoRK; (3) have been paid; and (4) were incurred during this Agreement. 2. Subrecipient's invoices shall include the date, period in which work was performed, amount of reimbursement, and work completed to date; 3. A copy of all supporting documentation for vendor payments; 4. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this Agreement. C. The Subrecipient's invoice and all documentation necessary to support payment requests must be submitted into Commerce's Subrecipient Enterprise Resource Application (SERA). Further instruction on SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon execution of the agreement. Date revised 9/26/2023 Page 10 of 10 Commerce shall reimburse the Subrecipient in accordance with Section 6, above. ln accordance with the Funding Requirements of s . 215.971,(L), F.s. and Section (21) of this Agreement, the Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of state funds, including, but not limited to, the Reference Guide for State Expenditures (https://www.mvfloridacfo.com/docs- sf/accou ntjnq-a nd-a ud iting-lib ra ries/state-agencies/refe re nce-gu ide-fo r-state-expe nd itu res. pdf) .