HomeMy WebLinkAboutR-2024-118 FDEM Modification #3 to Subgrant Agreement for Watershed Master PlanA RESOLUTION OF THE CITY COMMISSION OF THI] CITY OF DANIA
BEACH. FLORIDA" AU'IHORIZINC THE PROPER CITY OFFICIALS TO
EXECUTE MODIFICATION NIJMBER THREE TO THE SUBGRANT
AGREEMENT BETWEEN THE CITY OtJ DANIA BEACH AND THE STATE
OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR A NINE-
MONTH EXTENSION TO A GRANT FOR THE CREA]'ION OF A
WATERSHED MASTER PLAN: PROVIDING FOR CONFLICTS: FURTHER
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 3. 2022. City staff applied for the Watershed Planning Grant trom
the Florida Division of Emergency Management: and
WHEREAS, on November 21. 2022. the City Commission approved the City to enter into
an grant agreement with the Florida Division of Emergency Management's Bureau of Mitigation:
and
WHEREAS, on September 26, 2023. the City Commission approved Modification
Number One to the Subgrant Agreement for a three-month extension: and
WHEREAS, on January 9. 2024. the city executed Modification Number Trvo to the
Subgrant Agreement through September 30. 2024: and
WHEREAS, the Florida Division of Emergency Management's Bureau of Mitigation
prioritizes flood risk management as an integral part of its mission; and
WHEREAS, the city timely submitted its report. but is awaiting comments from relevant
agencies. which may revise the City's report and as such the City requires additional time to
receive and incorporate those comments: and
WHEREAS, the State has no objection to the request tbr additional time lbr the above
stated purpose; and
WHEREAS, the goals of the Watershed Master Planning Initiative are to assist local
communities in developing a Watershed Master Plan for purposes of moving the City's rating up
in the Community Rating Systems (CRS) of the National Flood lnsurance Program (NFIP) and to
increase resiliency in Florida communities; and
WHEREAS, the City Administration recommends that the City Commission authorize
staff to modifi the original Subgrant Agreement to allow for a three-month extension.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
RESOLUTION NO.2o2{- I lY
PASSED AND ADOPTED ON . 202-+.
&mrn J (xmte (!_I U,^;ClMotion by
FINAL VOTE ON ADOPTION: Unani ;",.'7
Yes No
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Ma
ATTEST:
yor Archibald IV
ELORA RI
CITY CLERK
APP VED AS T FORM AND CORRECTNESS:
ARCHIBAL
MAYOR
YAT! IV.I
E o IS
l
TTORNEY
SoLLiTION dl0l,l-t\g
Section 1. That the foregoing *WHEREAS" clauses are ratified and confirmed as
being true and correct. 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
Modification Number Three to the Subgrant Agreement, which is attached and incorporated into
this Resolution as Exhibit "A". on behalf of the City of Dania Beach, Florida rvith the Florida
Division of Emergency Management, Bureau of Mitigation for a three-month extension for the
creation of a Watershed Master Plan.
Section 3. That the City Manager and City Aftorney are authorized to make minor
revisions to the Agreement rvhich are deemed necessary and proper and in the best interest ofthe
city.
Section 4. That funding rvill be appropriated rvithin the Grant Fund.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent ol such conflict.
Section 6. That this Resolution shall take effect ten (10) days after passage.
SUB-REcrprENT AcREEMENT CHEcKLtsr
DrvrsroN oF EMERGENGY MANAGEMENT
MtrcATroN BUREAU
FISCAL OPERATIONS UNIT
HMGP
REQUEST FoR REvrEw AND APPRoVAL
SUB.REcIPIENT:
PRoJEcr #:
PRoJEcT TITLE:
CoNTRACT #:
MoDrFrcATtoN #:
City of Dania Beach
4337-004-Pv
Phase 2 FDEM Watershed Planning Grant
H0879
J
SUB.RECIPIENT REPRESENTATIVE (PorNT oF CoNTAcr)
Eleanor Norena
Community Development Director
100 W Dania Beach Blvd.
Dania Beach, FL 33004
Enclosed is your copy ofthe proposed contracumodification between City of Dania Beach and
the Florida Division of Emergency Management (FDEM).
COMPLETE
This form is required to be included with all Reviews, Approvals, and Su bmittals
Reviewed and Approved
Signed & Dated Electronic Copy by Official Representative
Copy of the organization's resolution or charter that speciflcally identifles the
person or position that is authorized to sign, if not Chairman, Mayor' or Chief
Attachment I - Federal Funding Accountability and Transparency Act (FFATA) -
completed, signed, and dated
ffi Nln for Modiflcations or State Funded Agreements
Attachment K - Ce(ification Regarding Lobbying - completed, signed' and dated
ffi ttlR for Modifications or State Funded Agreements
Attachment L - Contracts with Non-Profit Organizations - completed, signed, and
dated
Electronic Submittal to the Grant Specialist
lf you have any questions regarding this contract, or who is authorized to sign it, please contact
your Project Manager at (850) 328-5736 or email me at Caitlyn.Stroik@em.myflorida.com.
Contract Number: H0879
Project Number: 4337-004-Pv
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
CITY OF DANIA BEACH
This Modiicalion Number Three is made and entered into by and between the State of Florida,
Division of Emergency Management ("the Division'), and City of Dania Beach ("Sub-Recipient") to modify
Contract Number H0879, dated March g, 2023, ("the Agreement").
WHEREAS, the Division and the Sub-Recipient have entered into the Agreemenl, pursuant to
which the Division has provided a subgrant to Sub-Recipient under the Hazard [.4itigation Grant Program
of $75,000.00 in Federal funds; and
WHEREAS, the Division and the Sub-Recipient intend to modify the Agreement; and
WHEREAS, the Agreement shall expire on September 30, 2024.
WHEREAS, the Division and the Sub-Recipient intend to extend the terms of the Agreement.
NOW, THEREFORE, in consideration of the mulual promises of the parties contained herein, the
parties agree as follows:
Paragraph 8 of the Agreement is hereby amended to read as follows:
(8) PERIOD OF AGREEMENT
This Agreement shall begin March 9,2023 and shall end December 31, 2024; unless
terminated eadier in accordance with the provisions of paragraph (17) of this Agreement
2. The Scope of Work, to the Agreement, are hereby modified as set forth in 3rd Revision
Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by
reference.
3. All provisions of the Agreement being modified and any attachments in conflict with this
[,4odification shall be and are hereby changed to conform with this Modification, effective on the
date of execution of this Modiflcation by both parties.
4. All provisions not in conflict with this Modiflcation remain in full force and effect, and are to be
performed at the level specified in the Agreemenl.
5. Quartedy Reports are due to the Division no later than 15 days after the end of each quarter of
the program year and shall be sent each quarter until submission of the administrative close-out
report. The ending dates for each quarter of the program year are March 3'1, June 30,
September 30 and December 31.
1
lN WITNESS WHEREOF, the parties hereto have executed this fiilodiiication as of the dates set
out below.
SUB-RECIPIENT: CITY OF DANIA BEACH
By:
Name and Title:
Date
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Kevin Guthrie, Director
Date
2
Attachment A
Watershed Master Planning lnitiative
City of Dania Beach, Phase 2 FDEM Watershed Planning Grant
Scope of Work and Budget
Statement of Purpose
The Florida Division of Emergency Management's (the Division) Bureau of Mitigation prioritizes flood risk
managemenl as an integral part of its mission. The goals of this project are to assist local communities in
developing a Watershed Master Plan for the purposes of moving up in the Community Rating System
(CRS) of the National Flood lnsurance Program (NFIP) and to increase resiliency in Florida communities.
This project is funded through the Hazard Mitigation Grant Program (HL4GP) DR-4337-004-P, as
approved by the Division and the Federal Emergency Management Agency (FEMA) to create and update
Watershed Master Plans (WMPs) throughout the state of Florida.
The Project Manager for the Division will be:
Laura Dhuwe, Project [,4anager
Hazard lvlitigation Grant Program
Florida Division of Emergency Management
850-879-0872
watershedDlannino em.mvflorida.com
Scooe of Work
The Division will coordinate with eligible Florida entities to produce a Watershed lVaster PIan (WMP)for
credit under CRS. This project is preceded by the WMP Pilot Program, which consisted of research and
the creation of guidance materials to ensure a consistent statewide approach to WIVIP development.
Guidance materials produced in the WMP Pilot Program can be found at:
https://www.floridadi saster.orq/dem/mitiq ation/watershed-Dlanninq-initiative or
https://www.fau.edu/enqineerin s/research/cwr3/clea rino house/The Sub-Recipient may use other
materials provided by ISO and localed at httos://fema.qov. The Sub-Recipient shall follow the Credit
Criteria for Element WMP under CRS Activity 452.b (please refer to the 2017 CRS Coordinator's Manuall
and lhe 2021 Addendum to the Coordinator's Manual2). The Sub-Recipient will finalize the process by
submitting theirWMP to ISO/CRS for review and providing the Division with a signed letter from their
applicable county's Local Mitigation Skategy (LMS) Chairperson attesting that the WMP will be adopted
in the Sub-Recipient's next LMS update.
Tasks necessary to the completion of a WMP include:
Task 1 - Create Preliminary Project Plan based on lnitial Flood Modeling, and Submit Draft WMp
The Sub-Recipient shall create a preliminary Project Plan, which is a narrative detailing how lhe initial
flood modeling has sufficient detail on the data that went into the model, model specifications, and
possible solutions for addressing flood risks that the model identified. There must be enough detail in the
preliminary Pro.iect Plan 10 veriry the required analysis has been completed. Specifically, the required
analysis for the preliminary Project Plan shall include all the lvlinimum Criteria required for a qreditable
\ryllPr under the two categories of Data lnventorv and Collection and lnitial Flood Modelinq as follows
Data lnventory and Collection
t https://www.fema.gov/sites/defaulUliles/documents/fema_community-rating-system_coordinators-
manual_2017.pdf
2 https://www.fema.gov/sites/defaulUfiles/documentslfema_community-rating-system_coordinator-
man ual_addendum -2021 .pdf
3 See 2017 CRS Coordinator's Manual at
https://www.fema.qov/sitesidefaulVfi I es/documents/fema communitv-ratinq-system coordinators-
manual 2017.0df: lhe 2021 Addendum to the Coordinator's Manual at
https://www.fema.qov/sites/defaulVfiles/documents/f ema communitv-ratinq-svstem coordinator-
manual addendum-2021.pdf; and other malerials provided by ISO located at httos://fema.qov.
3
1. Data inventory (used for initial flood modeling):
a. lnventory ofground characteristics (e.9., soil lype, impervious surfaces, wetlands)
b. lnventory of existing drainage system
c. lnventory of data availability
2. Locations of:
a. critical facilities, cultural/historical, and other places/areas of interest
b. vulnerable areas and their descriplions
c. natural and constructed drainage systems and channels
3. Existing regulations and plans in place for reducing flood risks
lnitial Floo t\,4odelino
4 For currenUexisting conditions land use, future land use, and the fully developed watershed
scenarios:
a. Evaluations of the existing drainage system's runoff response from design storms using a
hydrologic and hydraulic study with a hydrograph approach under current and predicted
future land use conditions with assessments of the impacts of climate change and sea
level rise for 10-, 25- & 1oo-year storm events
b. For currently fully developed watersheds: studies of existing development and the
potential impact of any redevelopment
c. Evaluations of different management scenarios for at least the 1oo-year rainfall evenl for
a fully developed watershed at a scale sufficient to determine local problems.
d. Determinations of the change in runoff from current to future, fully developed conditions
e. Recommendations for managing at least the 1o-year and the 25-year rainfall events
For communities impacted by sea level rise: evaluations of the impacts of the NOAA lntermediate
2100 sea level rise scenario on the 100-year rainfall event
a. lt is highly recommended to include 2 other scenarios up to 2100, which could be based
on sea level for 2 time frames into the future or a number of feet of sea level rise within
this timeframe.
The plan must include a strategy and action plan to address the results of the studies for:
a. controlling the timing of peak flows to prevent or minimize problems for the entire
watershed due to new development, redevelopment, and fully developed conditions
b. the impact of climate change and sea level rise on fully developed conditions
c. at least the 25-year rainfalt event in fully developed conditions, with a list of possible
solutions for addressing at least the 2S-year rainfall event
d. at least one event larger than the 25-year rainfall event, with a list of possible solutions
for addressing this event
e. ensuring that flood hazards from the 1o-year and the 25-year events are not increased by
future development (the z-year storm as also recommended).
The community must adopt the final plan.
8. lf applicable, WlvlP plans more than 5 years old must be evaluated to ensure that they remain
applicable to current conditions. For instance, are previous assumptions on hydrology, sea level
rise and future land use still applicable.
Jurisdiction Specific Comments for Task 1:
Task 1 for the Sub-Recipient grant includes the following Steps 1-6 which will be performed by FAU under
subcontract with support from City staff. The table below summarizes Steps 1 through 6 with the
responsible parties, deliverables, schedule, and payment schedule.
5
6
7
4
Month
1 2 3 4 5 6 7 I 9 10 11 12 13 14 15Step Responsible
Party
Step 1- Background FAU
lnfo Gathering
Deliverable
Chapters 'l and 2 of
the Watershed plan
Step 2- Policy FAU
Documentation for
HUCS
Step 3- Risk Models FAU
for HUCS
Step 4- ldentifying FAU
Critical
Areas/Solutions in
HUCS
Chapter 3 of the
Watershed plan
Chapter 4 of the
Watershed plan with
all applicable
modeling scenarios
for the HUC and
relationship to
involved HUCs;
drilldown to
community issue
modeling
Update and
completion of
Chapter 4 and
Chapter 5 of the
Watershed plan with
applicable modeling
scenarios for the
HUC
Chapter 6 of the
Watershed plan -
this should complete
the planning
document
Delivery and receipt
of comments from
staff for the planning
document
I
Step 5- Action Plan FAU
Step 6 - Submit for City Staff
Staff Review
Del iverable 1 - Create Preliminarv Proiect Plan based on lnitial Flood Modelinq. and Submit Draft WMP
An (1) electronic copy of Chapters 1 through 6 of the preliminary Watershed Project Plan; (2) a separate
electronjc document with all comments from City staff from their review of Chapters 'l through 6 of the
preliminary Watershed Project Plan; (3) a separate electronic document listing how and where in
Chapters 1 through 6 of the preliminary Watershed Project Plan the l/inimum Criteria listed above are
met; and (4) a separate electronic document clarifying the Sub-Recipient's existing data inventory at the
time of contract execution, how the data are used, and which tasks and efforts have already been
completed prior to contract execution. These four electronic documents must be submitted to the Division
for review no later than 1 5 months after the beginning of the Period of Performance. The Sub-Recipient
will provide Deliverable 1 to the Division via email to watershedplannrno@em.mvflorida.com.
Payment for Deliverable 1 will occur once the Sub-Recipient has received feedback from the Division
confirming that Chapters 1 through 6 of their preliminary Watershed Project Plan have been approved.
To be approved, Chapters 1 through 6 of the preliminary Watershed Project Plan must show how all the
listed Minimum Criteria are met, all comments from City staff must be submitted, and the Sub-Recipient's
inventory of data must clearly explain what the Sub-Recipient had at the time of contract execution.
5
The Period of Performance begins with the date of execution of the subgrant agreement by both parties,
and the Sub-Recipient shall provide the Division with Deliverable 1 no later than 15 months from the
beginning of the Period of Performance before payment will be processed.
Task 2 - Revise Draft WMP and Submit Completed WMP
Afler receiving feedback from the Division on the preliminary Project Plan from Task 1, the Sub-Recipient
shall finalize the flood modeling process and submit their completed Wl\,'lP. At a minimum, the modeling
and WMP must meet the l\4inimum Criteria required for a creditable WMP shown above. The Sub-
Recipient shall update their WMP, if revisions are necessary based on the Division's feedback, and
submit the completed WMP to the Division for review.
Throughout the activities for Task 2, the Sub-Recipient shall coordinate with the applicable LMS working
group to ensure that the working group will adopt the WMP as an annex in the next LMS update, and use
the data to inform the risk assessment and mitigation skategy.
Jurisdiction Specific Comments for Task 2:
Task 2 for the Sub-Recipient grant includes the following Steps 7-'10 which will be performed by FAU
under subcontract with support from City staff. The table below summarizes Steps 7 through l0withthe
responsible parties, deliverables, schedule, and payment schedule.
Month
Step Responsible Delivera 15 16 17 18 19 20 21 22 23 24
Party
Revise Draft WMP FAU
Step 7- Submit draft Staff with FAU
WMP to the support
Division for Review
ble
Revisions based on FAU
the Division's
feedback
Step 8 - Submit Staff with FAU n/a
completed WMP support
Chapter
6 of the
Watershe
d plan -
this
should
complete
the
planning
documen
t
Step 9 -
Commission
Approval
Staff with FAU n/a
support
Deliverable 2 - Revise Draft WMP an dS U bmit ComDleted WMP: An (1 ) electronic copy of the completed
WMP; (2) a separate electronic document with the feedback from City Staff from their review of the
completed WlvlP and explanations of how FAU addressed the feedbacki (3) a separate electronic
document lisling how and where in the completed WN.4P the Minimum Criteria listed above are met; and
(4) a signed letter from the applicable county's Local Mitigation Strategy (LMS) Chairperson attesting that
the completed WI/P will be adopted and used to update the risk assessment and mitigation strategy
during the next LMS plan update. These four electronic documents comprising Deliverable 2 must be
submitted to the Division for review no laler than 23 months after the beginning of the Period of
Performance.
lf applicable, the Sub-Recipient will revise the submitted WMP to comply with required revisions and
6
feedback from the Division received from Deliverable 1, and then resubmit the WMP to the Division no
later than 21 months after the beginning of the Period of Performance.
The Period of Performance begins with the date oi execution of the subgrant agreement by both parties,
and the Sub-Recipient shall provide the Division with the four electronic documents comprising
Deliverable 2 no laler than 23 months from lhe beginning of the Period of Performance before payment
will be processed. The Sub-Recipient will provide Deliverable 2 to the Division via email to
watershedolanninq@em.mvfl orida.com.
Method of Compensation
All deliverables submitted to the Project Manager or to the Division shall be completed by the Sub-
Recipient and approved for completeness and accuracy by the Project l\4anager or the Division to qualify
as reaching the minimum required criteria for each invoice period.
All tasks shall be performed under the direcl supervision of the Division.
The project shall be reimbursed upon receipt of invoices submitted at the completion and acceptance of
each deliverable defined above unless this agreement is terminated early. This is a cost reimbursement
reement which will be reimbursed on a fixed-fee, fixed-nce a reement as {ollows
Financial Conseouenc for Non-Performance:
The failure to provide the Division with the required deliverables within the stated timelines shall result in
a penalty of 5 % of the determined deliverable amount for each late deliverable. Penalty may be waived
based upon reasonable explanation with documentation by Sub-Recipient.
Should the Sub-Recipient determine that there are significant barriers to conduct any of the minimum
deliverables due to extenuating circumstances, the Division may re-evaluate performance expectalions
upon a formal request from the Sub-Recipient.
lf the Sub-Recipient fails to comply with any terms of the agreement, the Division shall take one or more
of the following actions:
1 . Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient;
2. Disallow all or part of the cost of the activity or action not in compliance;
3. Wholly or partially suspend or terminate the current agreement for the Sub-Recipient's proiect;
4. Withhold further agreements for the project; or
5. Take other actions that are legally allowed.
Schedule of Work
7
Deliverables Total
Deliverable
Value
Due Date
Deliverable 1 - Create Preliminary Project Plan
based on lnitial Flood Modeling, and Submit
Draft W[i1P (Task 1 )
s66,666.67 15 lvlonths after
beginning of POP
Deliverable 2 - Revise Draft WMP and Submit
Completed WNIP (Task 2)
$33.333.33 23 months after
beginning of POP
Total $100,000.00
Task(s)Number of Months
to Complete
Data Collection (Task 1)5
lnitial Flood Modellinq (Task 1)5
Prelimina P ect Plan ask 1 5
Completed WMP (Task 2)2
WMP Review (Task 2)2
WMP Revisions ask 2 2
Division and Commission A roval Task 2 2
Total Period of Performance:23
Total Period of P n
The Perio d of Performance for this proi ect beqins on the date of execution of the sub q rant
aqreement bv both Darties and ends no later tha n December 31. 2024.
B udqet
Contractual
Cost ltem Proiect Cost Federal Share Non-Federal Share
Personnel $25,000.00 $ 18,750.00 $6.250.00
Fringe Benefits
Travel
Equipment
Su p plies
$75.000.00 $56,250.00 $18,750.00
Other
Pro.iect Total:$100,000.00 $75,000.00 $25,000.00
Federal Share s75,000.00 7 5.000k
Non-Federal Share $25,000.00 ?5.00"/"
Total Project Cost:$100,000.00 100.000/o
8
I
Fundinq Summarv Totals