R24-112 1 RESOLUTION NO. R24-112
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE FEDERALLY
5 FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION
6 PROGRAM SUBRECIPIENT AGREEMENT NO. I0123 WITH THE FLORIDA
7 DEPARTMENT OF COMMERCE; PROVIDING AN EFFECTIVE DATE; AND FOR
8 ALL OTHER PURPOSES.
9
10 WHEREAS, on April 27, 2022, the City and the Florida Department of Economic
11 Opportunity entered into the Federally funded Community Development Block Grant Mitigation
12 Program Subrecipient Agreement I0123 in the amount of$2,100,000 for the East Water Treatment
13 Plant Generator Replacement Project, approved by Resolution No. R22-058 on April 5, 2022; and
14 WHEREAS, on August 19, 2022, the City and the Florida Department of Economic
15 Opportunity entered into Amendment One to the Federally Funded Community Development
16 Block Grant Mitigation Program Subrecipient Agreement I0123, amending Section 15 of the
17 Agreement, approved by Resolution No. R22-102 on July 19, 2022; and
18 WHEREAS,on July 1,2023,the Florida Department of Economic Opportunity was renamed
19 to the Florida Department of Commerce; and
20 WHEREAS, the parties desire to amend Agreement I0123 by amending all references
21 throughout the Agreement from "Department of Economic Opportunity" or "DEO" to
22 "Department of Commerce" or "Commerce" as appropriate; amending Section 28 Employment
23 Eligibility Verification of the Agreement; amending Attachment A, Project Description and
24 Deliverables; and amending Attachment G, Reports, Section 3; and
25 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in
26 the best interests of the citizens and residents of the City to approve Amendment Two to the
27 Federally Funded Community Development Block Grant Mitigation Program Subrecipient
28 Agreement I0123 with the Florida Department of Commerce.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
30 BEACH, FLORIDA, THAT:
31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption.
33 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
34 approve Amendment Two to the Federally Funded Community Development Block Grant
35 Mitigation Program Subrecipient Agreement I0123, between Florida Department of Commerce
36 and the City, in form and substance similar to that attached as "Exhibit A."
37 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
38 authorizes the Mayor to execute the Second Amendment and all future amendments and such
39 other related documents associated with the Grant that do not increase the City's financial
40 obligations, subject to the approval of the City Attorney.
41 SECTION 4. The original Amendment shall be forwarded to Mirna Crompton to obtain
42 execution of the Amendment by the Florida Department of Commerce. Mirna Crompton shall be
43 responsible to ensure that one fully-executed Amendment is returned to the City, to be provided
44 to the Office of the City Attorney for forwarding to the City Clerk for retention as a public record.
45 SECTION 5. This Resolution shall take effect in accordance with law.
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51 [signatures on the following page]
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59 PASSED AND ADOPTED this 215 day of May 2024.
60 CITY OF BOYNTON BEACH, FLORIDA
61 YESES NO
62 Mayor—Ty Penserga
63
64 Vice Mayor—Aimee Kelley ✓
65
66 Commissioner—Angela Cruz
67
68 Commissioner—Woodrow L. Hay
69 /
70 Commissioner—Thomas Turkin ✓
71
72 VOTE
73 ATT S -
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76 Mayle D- esus, MP•, MMC Ty Pen1111I4.2111111..—
77 City C er Mayor/
78
79 o�NTpN&`‘‘ APPROVED AS TO FORM:
80 (Corporate Seal) ', oQORArf••..0
81 pI • / /
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82 �_; rj� oo: S
OR Shawna G. Lamb
83 �i °; \Nco192o .. e City Attorney
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DocuSign Envelope ID:C8A8C36F-CO3E-46E2-BBE8-6635F947AB72
Commerce Agreement Number: 10123
AMENDMENT TWO
TO THE FEDERALLY FUNDED
COMMUNITY DEVELOPMENT BLOCK GRANT
MITIGATION PROGRAM (CDBG-MIT)
SUBRECIPIENT AGREEMENT
On April 27, 2022, the State of Florida, Department of Commerce ("Commerce"), formerly known as the
Florida Department of Economic Opportunity, and the City of Boynton Beach, Florida ("Subrecipient")
entered into agreement 10123 ("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 Agreement provides that any amendment to the
Agreement shall be in writing executed by the Parties thereto; and
WHEREAS the Agreement was previously amended on August 19, 2022; 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. 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.
2. Section 28,Employment Eligibility Verification, is hereby deleted in its entirety and replaced with the
following:
(28) Employment Eligibility Verification,
A. E-Verify is an Internet-based system that allows an employer, using information reported on an
employee's Form 1-9, 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: https://www.e-
verify.gov/.
B. In accordance with section 448.095, F.S.,the State of Florida expressly requires the following:
(1) Every public agency and 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 8 CFR 274a. Beginning July 1, 2023, a private employer with 25 or more employees
shall use the E-Verify system to verify a new employee's employment eligibility.
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DocuSign Envelope ID:C8A8C36F-CO3E-46E2-BBE8-6635F947AB72
Commerce Agreement Number: 10123
C. If 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-MIT funds and its obligations under this
Agreement by complying with the closeout procedures in 2 CFR 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-MIT funds on hand at the time of expiration
and any accounts receivable attributable to the use of CDBG-MIT funds. Further,any real property
under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-
MIT funds (including CDBG-MIT funds provided to the Subrecipient in the form of a loan) shall be
treated in accordance with 24 CFR 570.503(b)(7).
5. All other terms and conditions of the Subrecipient Agreement not otherwise amended remain in full
force and effect.
Remainder Left Intentionally Blank^'
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Date revised 9/26/2023
DocuSign Envelope ID:C8A8C36F-CO3E-46E2-BBE8-6635F947AB72
Commerce Agreement Number: 10123
IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and
provisions of Commerce Agreement Number 10123,as amended.This Amendment is effective on the date
the last Party signs this Amendment.
CITY OF BOYNTON BEACH, FLORIDA FLORIDA DEPARTMENT OF COMMERCE
SIGNED: SIGNED:
PENSERGA J. ALEX KELLY
MAYOR SECRETARY
DATE: /) ?( o24?
, 1 DATE:
7
Approved as to form and legal sufficiency, subject
only to full and proper execution by the Parties.
CITY ATTORNEY'S OFFICE OFFICE OF GENERAL COUNSEL
Apprav j to form and F10Ety FLORIDA DEPARTMENT OF COMMERCE
By:X171', J 'J
Stacey R.Weinger, By:
Deputy City Attorney
,,=\,\• ON /3t4 NA, Approved Date:
O•�QQRATE ••. ttl
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111 •'••........
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Date revised 9/26/2023
DocuSign Envelope ID:C8A8C36F-CO3E-46E2-BBE8-6635F947AB72
Commerce Agreement Number: 10123
Attachment A—Project Description and Deliverables
1. PROGRAM DESCRIPTION:
In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State of
Florida, Department of Commerce (Commerce) would receive $633,485,000 in funding to support long-
term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community
Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive
basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the
Benefits to Low-to-Moderate Income (LMI) National Objective. Additional information may be found in
the Federal Register, Vol. 84, No. 169.
In February 2021, HUD announced an additional $46,900,000 in federal mitigation funding for Florida
communities that experienced a major disaster in 2018, raising the total CDBG-MIT allocation to
$680,385,000. (86 FR 561).
This award has been granted under the Critical Facility Hardening Program. Projects eligible for funding
under this program must harden critical buildings that serve a public safety purpose for local communities.
Critical buildings include:
1. Potable water facilities
2. Wastewater facilities
3. Police departments
4. Fire departments
5. Hospitals
6. Emergency operation centers
7. Emergency shelters
2. PROJECT DESCRIPTION:
The City of Boynton Beach, Florida has been awarded Two Million One Hundred Thousand Dollars and
Zero Cents ($2,100,000.00) in CDBG-MIT (Community Development Block Grant-Mitigation) to provide
standby power to the East Water Treatment Plant. Major tasks to be completed include awarding Phase
1 of the Design Build contract, completing design of the new generator system, purchasing of the
equipment, completing construction, testing and finally training& maintenance. During construction the
Engineer and Utilities will have representatives onsite to perform inspections. The final testing will include
certifications by all manufacturers, approving the installation, and testing.
This project satisfies the Urgent Needs (UN) National Objectives requirements.
The project budget includes leverage funds.
3. SUBRECIPIENT RESPONSIBILITIES:
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.
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Commerce Agreement Number: 10123
2. Job descriptions for Subrecipient's employees, contracted staff,vendors, and contractors. If
staffing changes,there must be a submittal stating the names and job descriptions on the
monthly report deadline.
3. Attachment B, Project Budget—Develop and submit to Commerce a detailed budget for
implementation of the project.
4. Attachment C, Activity Work Plan—Develop and submit to Commerce a detailed timeline for
implementation consistent with the milestones outlined in the Mitigation Program
Guidelines.
Should any changes to the organizational chart, Attachment B or Attachment C be deemed
necessary, an updated plan must be submitted to Commerce with your monthly report for review
and approval by the Commerce Grant Manager.
B. Develop and submit a copy of the following policies and procedures to the Commerce Grant
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.
a. Procurement policies and procedures that incorporate 2 CFR 200.317-327.
b. Administrative financial management policies,which must comply with all applicable HUD
CDBG-MIT and State of Florida rules.
c. Quality assurance and quality control system policies and procedures that comply with all
applicable HUD CDGB-MIT and Commerce policies.
d. 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@hudoig.gov).
C. Attend fraud related training offered by HUD OIG to assist in the proper management of the
CDBG-MIT grant funds when available.
D. Upload required documents into a system of record provided by Commerce.
E. Maintain organized subrecipient agreement files and make them accessible to Commerce or its
representatives, upon request.
F. Comply with all terms and conditions of the subrecipient agreement, Mitigation Program
Guidelines, Action Plans, Action Plan amendments, and Federal, State, and local laws.
G. Provide copies of all proposed procurement documents to Commerce ten (10) business days prior
to posting as detailed in Attachment D of Subrecipient Agreement. The proposed procurement
documents will be reviewed and approved by the 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.
H. Provide the following information on a quarterly basis within ten (10) calendar days after the end
of each quarter: Monthly and Quarterly Reports as detailed in Attachment G.
I. Close out report will be due no later than sixty(60) calendar days after this Agreement ends or is
otherwise terminated.
J. Subrecipient shall provide pictures to document progress and completion of tasks and final
project.
4. ELIGIBLE TASKS AND DELIVERABLES:
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Commerce Agreement Number: 10123
A. Deliverable 1—Project Implementation
Tasks that are eligible for reimbursement are as follows:
1. Environmental review administrative activities (Environmental Exemption, Public Notice
Publication(s), etc.).
2. Develop policies for the Recipient to adopt related to special conditions listed in this subgrant
agreement,
3. Prepared procurement documents,
4. Prepared list of minority and women business enterprise (MBE/WBE) firms that operate in
the Recipient's area,
5. Prepared and submitted public notices for publications,
6. Maintained financial records related to project activities on-site,
7. Conducted a Fair Housing activity,
8. Maintain project files,
9. Attended meetings of the Recipient's local governing body to provide progress reports on
subgrant activities,
10. Prepared documentation for and attend on-site monitoring visits by Commerce,
11. Prepared financial activity for submission to Commerce,
12. Prepared and submitted to Commerce detailed monthly and quarterly reports,
13. Prepared and submitted to Commerce Section 3 reports,
14. Responded to citizens' complaints,
15. Prepared subgrant modification document for submission to Commerce for review and
approval,
16. Prepared responses to monitoring findings and concerns for Recipient to submit to Commerce
or HUD,
17. Project Closeout, Engineer's Certification of Completion, Grant Closeout Package Completed
and Submitted to Commerce.
B. Deliverable 2—Engineering Services
Subrecipient shall:
1. Create a full design package(s), signed, and sealed by a Professional Engineer(PE) licensed in
the State of Florida, including engineering drawings, specifications, construction cost
estimate, surveys, and any other reports, documents, or information relevant to this project
that meet all local current hurricane code ratings, local codes and building codes.
2. Obtain copies of all permit applications, correspondence with permitting agencies, final
permits, and any other permit-related documentation for the project.
3. Conduct an Environmental Review/Assessment in accordance with COMMERCE Policies and
the National Environmental Policy Act referenced in Attachment D.4.b of this Agreement.
C. Deliverable 3 --Construction
Subrecipient shall:
1. Purchase and deliver to site one (1) KD1250-4 or compatible Factory — Diesel Generator set
for the East Water Treatment Plant in Boynton Beach. Remove and properly dispose of
existing aging temporary generator and install and wire new generator.
2. Purchase and deliver to site one (1) Kohl Switchgear in Fidelity Enclosure, or compatible
equipment, with manufacturer startup services, the electrical equipment necessary to
synchronize the new generator to supply standby power in a reliable and safe manner and
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DocuSign Envelope ID:C8A8C36F-CO3E-46E2-BBE8-6635F947AB72
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procure and deliver to site one complete (1) Enclosed Paralleling Gear and site preparation to
receive gear for installation.
3. Install fabricated Walkways & Covers for standby power system. Demolish existing Florida
Power & Light (FPL) Vault and existing steps and dispose of debris in an environmentally
responsible manner.
4. Demo Fuel Tank Canopy remove existing and previously decommissioned fuel tank and
dispose in an environmentally responsible manner.
5. Demo the existing concrete slabs in the FPL Transformer vault, the fuel tank area and old
generator area. Remove unused electrical duct bank.
6. Clear site, take additional soil boring and soil samples, perform soil restoration and
compaction. Confirm site is ready for new construction.
7. Installation of standby power system, electrical conduits, and wiring. Complete the
installation of paralleling gear.
8. Installation of Communication & Control, Start-up, and Commissioning of Standby Power
System.
9. Start up and commissioning of standby power system and all remaining grant deliverable
items.
10. Repair and refinish existing exterior wall surface and facia following demolition of existing
external structures.
11. Perform building and piping restoration, painting, concrete repair& and site restoration.
12. Provide site restoration following removal of existing concrete slabs and pavement.
5. COMMERCE RESPONSIBILITIES:
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—Program Implementation
Tasks Minimum Level of Service Financial Consequences
Subrecipient shall provide Project Subrecipient may request Failure to complete the Minimum
Implementation activities as reimbursement upon completion of a Level of Service as specified shall
identified in Section 4.A. of this minimum of one (1) Project result in non-payment for this
Scope of Work. Implementation task on a per deliverable for each payment
completed task basis as detailed in request.
Section 4.A, Attachment A—Project
Description and
Deliverables; evidenced by invoice(s)
noting completed tasks as well as
payroll,timesheets, meeting minutes
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and other supporting documentation,
as
applicable.
Deliverable No. 1 Cost: $100,000.00
Deliverable No. 2—Engineering and Design
Tasks Minimum Level of Service Financial Consequences
Subrecipient shall complete task as Subrecipient may request Failure to complete the Minimum
detailed in Section 4.B. of this Scope reimbursement upon completion Level of Service as specified shall
of Work of a minimum of one (1)task in result in non-payment for this
accordance with Section 4.B of deliverable for each payment
this Scope of Work, evidenced request.
by submittal of the following
documentation:
1. Engineering design, working
drawings, specifications, bid
drawings, cost estimates, survey,
and project milestones at
30%,60%,90%
2. Copies of all required permits
3. Completion of Environmental
Review; and
4. Invoice Package in accordance
with Section 7 of this Scope of
Work
Deliverable No. 2 Cost: $150,000.00
Deliverable No. 3-Construction
Tasks Minimum Level of Service Financial Consequences
Subrecipient shall complete tasks as Subrecipient may request Failure to complete the Minimum
detailed in Section 4.0 of the Scope of reimbursement upon Level of Service as specified shall
Work. completion of activities in result in non-payment for this
accordance with Section 4.0 of deliverable for each payment
this Scope of Work in the following request.
increments: 20%,40%, 60%, 80%, and
100%, evidenced by submittal of the
following documentation:
1. AIA form G702 or its substantive
equivalent, completed by the
contractor; •
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;2. Perform Construction Engineering
Inspection services.
3. Photographs of the completed
project, or progress made.
4. Invoice package in accordance with
Section 7 of this Scope of Work
Total Deliverable 3 Cost: $1,850,000.00
TOTAL PROJECT COST NOT TO EXCEED$2,100,000.00
COST SHIFTING: The deliverable amounts specified within the Eligible Tasks and Deliverables section 6
tables above are established based on the Parties estimation of sufficient delivery of services fulfilling
grant purposes under 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 providing the deliverables herein. Prior written approval from Commerce's Grant
Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each
deliverable total funding amount. Changes that exceed 10%of each deliverable total funding amount 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:
Commerce shall reimburse the Subrecipient in accordance with Section 6, above. In accordance
with the Funding Requirements of s. 215.971(1), 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.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-
agencies/reference-guide-for-state-expenditures.pdf).
A. Subrecipient shall provide one (1) invoice per month for services rendered during the
applicable period of time as defined in the deliverable table. In 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 certification by a licensed professional using AIA forms G702 and G703, or their
substantive equivalents, certifying that the project, or a quantifiable portion of the
project, is complete. Include if applicable to your program
4. Photographs of the project in progress and completed work;
5. A copy of all supporting documentation for vendor payments; and
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6. 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.
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