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Home My WebLink AboutR-2024-167 ARPA SLFRF Interagency MOU for Lift Station 12 and Project Lists RevisionsA RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH. FLORIDA. AUTHORIZING AN INTERAGENCY MEMORANDUM OF UNDERSTANDING FOR THE OBLIGATION OF AMERICAN RESCUE PLAN ACT STATE AND LOCAL FISCAL RECOVERY FL]NDS TOWARD THE REHABILITATION OF LIFT STATION 12. AND FURTHER AUTHORIZING MODIFICATIONS TO THE PROJECT I"IST AND FUNDING ALLOCATIONS: PROVIDING FOR CONFLICTS: FURTHER. PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach has been awarded an allocation of Sixteen Million One Hundred Sixty-Three Thousand Forty-Eight Doltars ($ 16,163.048.00) from the Coronavirus State and Local Fiscal Recovery Fund (SLFRF) component of the American Rescue Plan Act (ARPA): and WHEREAS, the City Commission has adopted Resolutions allocating the funding for various projects and purposesl and WHEREAS, a significant portion of the funding must be obligated betbre December 3 l. 2024. and therefbre, time is of the essencel and WHEREAS, the City' Administration recommends that the Ciq' Commission authorize an lnteragency Memorandum of Understanding (MOU), obligating funds for the rehabilitation of Lift Station l2l and WHEREAS, the Cit.v Administration recommends that the CiB" Commission approve adjustments to the ARPA-SLFRF projects and expenditures plan to ensure that funding is utilized belore the deadline. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "Whereas" clauses are true and conect, and they are made a part oland incorporated into this Resolution by this reference. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent ofsuch conflict. Section 3. That the proper City officials are authorized to execute the Interagency MOU. attached as "Exhibit A," which is made a part of and incorporated into this Resolution by this Reference. RESoLrrrroN No. 202{--lV1 Section 4. That the City's ARPA-SLFRF projects and expenditures plan is amended and attached as "Exhibit B." which is made a part ofand incorporated into this Resolution by this Reference. Section 5. That all resolutions or parts ol resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall become effective ten (10) days ofits passage and adoption. PASSED AND ADOPTED ON Motion by second bv acnm lrrn I FINAL VOTE ON ADOPTION tJn i^ou" / Yes No Commissioner Lori Lewellen Commissioner Luis Rimoli Commissioner Archibald J. Ryan Vice Mayor Marco Salvino Mayor Joyce L. Davis IV ATTES \lrNpmbo( lS .2024. ELO C CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: OUTSIS DAVIJ E ATTORNEY 2 RESOLUTION O'O'.0-IW I SEA IT, LIVE IT, LOVE IT MEMORANDUM OF UNDERSTANDING ARPA SLFRF RELATING TO THE CITY OF DANIA BEACH'S INVESTMENTS IN WATER, SEWER, AND BROADBAND INFRASTRUCTURE. AND CLEAN WATER: CENTRALIZED WASTEWATER COLLECTION AND CONVEYANCE Expenditure Category 5.2 November 2024 DANIA BEA(H Table of Contents Memorandum Overview Obligation Update Memorandum of Understanding l. lnt roduct ion IL Conditions on the Use o/ Funds .. III. Provision of Funds ...... IV. Scope of Work.............. V. Procurement oJ Goods or Services VI. Binding Elfect . VII. Addendums .... VIII. Attachments VlI. Signatures...... 2 2 3 3 4 4 5 5 6 6 6 7 1 Memorandum Overview 0bligation Update Regarding the American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF) program. Treasurys FA claritles how a rccipicnt may incur an obligationt7 .t . Under the rule adopted in 2021, an "obligation" means an order placed for property and services and entering into contracts, subawards, and similar transactions that require payment. o Under the amendment to the rule adopted in 2023, an obligation also includes a requirement undcr fcderal law or regulation or provision of thc SLFRF award terms and conditions to which a recipient becomcs subject as a result of rccciving or cxpending SLFRF funds. . Treasury considers an interagency agreement or memorandum of understanding (MOU). meeting certain conditions. to constitute a transaction requiring payment similar to a contract or subaward, and therefore, meets the requirement of an obligation. Per F.A.Treasury considers an interagency agreement. including an agreement in the form of a memorandum of understanding (MOU), to constitute a "transaction requiring payment" similar to a contract or subaward and therefore an obligation for purposes of the SLFRF rule, if the agreement satisfies at least one (1) ofthe following conditions: o It imposcs conditions on the use offunds by the agency, department, or part ofgovernmcnt receiving funds to carry out thc program: . It go\ ems the provision of funds from one agency, department, or part of goverffnent to another to carry out an eligible use of SLFRF funds; or . It govems the procurement of goods or services by one agency, department, or pan of government from another and the agrecmcnt also satisllcs cach ofthc lbllowing conditions: . It sets forth specific requirements, such as a scope of work and project deliverables; . It is signed by the parties to the agreement, or otherwise evidences thal each party has assented to the agreement; and . It docs not disclaim any binding effect or state that it does not create rights or obligations. Thc parties hcrcto acknowlcdge that additional guidancc or updatcs to these requircments may be provided by the United States Treasury Department. To that end, the parties reserve the right to supplement this agreement to comply with any future guidance or requirements issued by the United States Treasury Department. ).'t.6 2 !IE\IOR{\DL, \I OF UNDERSTANDI\(; REHABILITATIO\ OF SEWER LIFT STATION I2 THIS IS A MEMORANDUM OF UNDERSTANDING (the "MOU"). and it is cntcrcd intoon-'2024.byandbetweentheCityofDaniaBeach'aFlorida municipality ("City") and the Cit-v of I)ania Beach. Dcpartment of Public Sen ices. I. lntroduction The City of Dania Beach City Commi8ssion by way of this interagency agreement has authorized the City of Dania Beach Public Services Department to carry out the eligible projects and program as defined below. These projects and programs are considered eligible uses under the ARPA SLFRF Expenditure Categories (ECs) listed below. EC 5 - ri ater, Se* er, and Broadband lnfrastructure EC 5.2: Clcan Watcr: Centralizcd Wastewatcr Collcction and Convcyance Where funds may bc used to makc nccessary investments in water and sewcr infrastructure. Eligible drinking water projects must align with thc cligible projects under the U.S. Environmental Protection Agcncy's Clean Watcr State Rcvolving Fund and thc ARPA Final Rule. These sewices may include: o Construction ofpublicly owned treatment works. Projects pursuant to implementation ofa nonpoint source pollution management program cstablished undcr the Clean Watcr Act (CWA) o Decentralizcd wastewatcr treatment systcms that trcat municipal wastewater or domcstic sewage . Management and treatment of stormwater or subsurface drainage water. Water conservation, efficiency. or reuse measureso Development and implementation ofa conservation and management plan under the CWA o Watcrshed projects mceting the critcria set forth in the CWA. Energy consumption reduction for publicly owned treatment works . Rcusc or recycling ofwastewater, stormwater, or subsurface drainage water . Sccurity of publicly owned treatment works Funding may not be used fbr: o Offsets ofa reduction in net tax revenue. o Extraordinary contributions to a pension fund for the purpose ofreducing an accrued, unfunded liability. o Payments for debt service and replenishments of rain day funds. 3 . Satisfaction of settlements andjudgments. . Uses that contravene or violate the American Rescue Plan Act, Uniform Guidance conflicts of interest requirements. and other t'ederal, state, and local laws and regulation Through this memorandum the department will abide by the following conditions: a. Any funds not expended as authorized undcr this agreement must bc refunded to the City beforc December 31, 2026. b. Any funds that are not expended by December 31,,2026. are subject to recapture by the City for return to the United States Department of the Treasury. c. The Department has responsibility for identilying and recovering SLFRF funds that were expended in error, disallowed, or unused. d. To cnsurc compliance with thc existing ARPA SLFRF guidclines set forth by thc US Treasury. the department shall provide on a quarterly basis to the City's ChiefFinancial Officer (CFO) a comprehensive and detailed list of all ARPA-related expenditures on an itemized invoice and shall also provide any backup documentation to support such expenditures. The department will also provide performance updates for all projects to show they are meeting key performancc indicators. The City's CFO is Frank DiPaolo, who can be rcached at fdipaolo@daniabcachfl.gov. Thc contact for the Departmcnt of Pubtic Services shall be Dincer Ozaydin, EngineerlDeputy Director, at dozaydin(@daniabeach fl . gov. e. The Department will comply will all closeout procedures for the awards. including tull compliance with the agreement terms and conditions, ARPA SLFRF rules and guidance, and 2 CFR 200. Kcy tasks will bc closeout communications, confirmation tbr maintenance of records and financial documents, receipt of all final reimbursement requests or payment requests, receipt of all financial reports and performance reports, fulfillment ofany requests to reconcile reports and paymenl requests. The retention period per SLFRF compliance and reporting is 5 years. III. Provision of Funds The City of Dania Bcach, by and through its ChicfFinancial Officcr and authorized by and through its City Commission. has authorized transfer of ARPA SLFRF funds to the City of Dania Bcach Public Scn,iccs Depanment to carry out the projects and funding uscs identified below through December 31,2026. 5.2 Rehabilitation ofI-ift Station # I 2 Demolition and rehabrlitation of Lift Station # l2 located at 495 Taylor Lane, Dania s 1.800.000.00 Expend. Categor] Project Estimated Amt.Project Name II. Conditions on the Use of Funds Project Description Bcach. Thc project includcs demolition of thc cxisting submersible wastcwater lift station including controls and cmergency generator as applicable and install a new submersible wastewater lift station with control systems and emergency generator. $1,800,000.00 The funds will bc used to cover costs associated with implcmenting and administering these projects and programs. The City of Dania Beach and the Public Services Departmcnt have agreed to the tcrms rvithin this Memorandum of Understanding for carrying out thcsc projccts through December 31, 2026. IV. Scope of Work This project will be captured under "Expenditure Category 5.2 Clean Water: Centralized Wastewater Collection and Conveyance". Below is a summary of the scope of work that is authorized under this MOU for each project and or program: The project known as "Rehabilitation of Lift Station 12" includes the demolition and rehabilitation of Lili Station # l2 located at 495 Taylor Lane, Dania Beach. The project includes demolition ofthe existing submersible wastewater lift station including controls and emergency generator as applicable and install a new submersible wastewater lifi station with control systcms and emergcncy gcncrator. The project will includc, but is not limited to, all demolition. lifi station installation, controls, SCADA, clcctrical, flow meter vault, gravity sewcr, sanitary manholes, forcc main piping and fittings, start-up scrviccs, training. site restoration, associated roadway and righrof-way rcstoration, and all other appurtcnances necessary for a complete and acceptcd projcct. This projcct is subject to the tcrms, conditions and policies ofARPA SLFRF, the Public Serviccs Departnrent, and the relevant statc and lcderal laws and rcgulations. The City and thc Public Services Department shall supplement this agreement to provide greater detail on the speciltc scope of work and project deliverables prior to December 3 I . 2024. V. Procurement of Goods or Services The Department wil[: a. Comply with 2 CFR 200 (Uniform Cuidance) for all Post Federal Award Requirements (200.300 - 200.346), including, but not limited to, financial, accounting. and procurement standards. TOTAL I I b. Comply with the City of Dania Bcach Codc of Ordinances, and the City of Dania Beach's Procurcmcnt Policy, as wcll as any other applicablc fcdcral or statc procurement rcquircmcnts. VI. Binding Effect Thc City of Dania Beach, by and through its City Commission, upon the recommcndation of the City Manager and the City's Chief Financial Officer, and the City of Dania Beach Public Sen'ices Department, have agreed to the terms within this Memorandum of Understanding for implementation ofthe projects identified herein until December 31, 2026. or date of completion, whichever is sooner, rvith a total obligation amount of One Million Eight Hundred Thousand Dollars ($1,800,000.00). VII- Addendums The City of Dania Beach and the Public Sen ices Department hereby agree to supplement this Memorandum of Understanding to provide greater detail regarding the scope of work to be performed and project deliverables to be achieved as such detail becomes available and as may be required by the United States Treasury Department. VIII. Attrchments The following arc incorporated by rcfcrence ARPA Compliancc and Rcporting Guidance. City of Dania Beach Code of Ordinances City of Dania Beach Procurement Policy 6 VII. Signatures IN WITNESS WHEREOF the partics hcrcto have, in due fomr of law, caused this agreement to be executed the day and year first above written. ATTEST:CITY OF DANIA BEACH: BY: ELORA RIERA. MMC CITY CLERK DATE: COUNTERSIGNED: JOYCE L. DAVIS MAYOR DATE APPROVED AS TO FORM: ANA M. GARCIA, ICMA.CM CITY MANAGER DATE: EVE A. BOUTSIS CITY ATTORNEY DATE: 7 D€scriotion Utility and Oth€r Public lncentiv€s Water Ireter AMI U pgrad e Water, 5ewer, 5tormwater PRO,ECTS IISTAND ASSOCIATED EXPINDITURE BUDGET FUNDED 8Y THE AMERICAiI RESCUE PLAI'I ACI (ARPA}STAIT AND LOCAL IISCAI RELIEF TUND (SLFRfI updat€d Adjustnents 112312024 Obll.et€d R€malnlnr Lll,.alz0z{ 5263,048 (S 248, r4I ) (514,905 ) S 100,000 AR PA gen€ral consu lting a nd reponrng assistance - augm€nt€d fundint 51,000,000 (91,000,000) $0 S0 storm Protect6n Prosram 51,500,000 S0 (S1,s00,000) 51,500,000 Smart utility water meter system upsrades aurm€nted fundlnr 53,400,000 S0 (5.1,400,000) (S 1,600,000) Lift Sl.t ion 12 Rehabilitation - redu.ed fundlnt Covid-19 Response Expenditutes Totol Public safety: Eoc/Fire Station 1/8SO Subrtation Eeach Restroom, Storare Farility, Kayak Launch Olsen Middle/Land Purchase Pl Meli Design Ped€strian Safety / Sidewalks City Hall Campus lmprovements' 56,16i,A8 Updat€d 112312024 s2,soo,0oo 5500,0o0 s1,404,449 2,845,551 5500,000 51OO0OOO 5750,000 ss00,ooo obllrated ls2,5OO,ooo) So l.s404,4491 So (s5o0,mo) (s1,ooo,ooo) (9400,0O0) So Remalnlni So {ssoo,ooo) (s1,0oo,o0o) (92,84s,ss1) so t0 (s3s0,0o0) {55OO,0OO) -s1,248,14i -s4,914,905 So So lncreased fundinS to include wom€nt club S0 Deployment ofsmart City technology and publicwi-fiat keylocations .^ Fundrng for desiSn ie(u,ed, use fo, possrbleSra^r mat.h, demohhon. and/or temporary .^ R€plac€ exrslint restroom burldhg, add other amenitier for kryal launch rupportrng the 90 Oblained lend leasej S50Ok lundint in FY24lo completedesiSn S0 Augmeht fundin8 akeady in FY24 budget S0 Ans and Enlertainment ohtrict, waylinding si8ns, 5treet/railroad crossing eohancements S0 Enhanced greenrpace and amenities, Veterans Memoraal, Art Parl t717a12024 Nyberg Swanson and Women's Cl!b Restoration Smart City lnfraslructure, Cyber!ecurity Updates, Rev e nu e R e ploce n e nt Ex pe nd it lre s Totol SIOOOO,OOO -54,804,449 -55,!95,557 $o " fountoin / Rotundo ondctcle improvements to be lunded lioA^ in Plblic Ploces