R23-088 1 RESOLUTIONNO. R23-088
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN MODIFICATION
5 NO. ONE TO EXTEND THE SUBRECIPIENT GRANT AGREEMENT NO.
6 H0861 WITH FLORIDA DIVISION OF EMERGENCY MANAGEMENT
7 (FDEM) HAZARD MITIGATION GRANT PROGRAM (HMGP) PROGRAM
8 FOR THE CITY'S WATERSHED MANAGEMENT PLAN TO SEPTEMBER 30,
9 2024;AND PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the Community Rating System (CRS) is a voluntary program under the
13 Federal Emergency Management Agency (FEMA) allowing communities to earn flood
14 insurance discounts of up to 45%; and
15 WHEREAS, under FEMA's National Flood Insurance Program (NFIP), cities and
16 non-incorporated areas can earn points for conducting floodplain management activities
17 that surpass the minimum NFIP requirements; and
18 WHEREAS, The City of Boynton Beach is currently a CRS Class 5 community,
19 achieving up to 25%discount on flood insurance policies, however, for the City to achieve
20 a CRS Class 4 ranking the City needs to create and adopt a Watershed Master Plan; and
21 WHEREAS, on June 16, 2022, the City submitted an application for funding to
22 prepare a Watershed Master Plan,coordinating with FEMA reviewers to ensure acceptance
23 and approval of the Master Plan documents to fulfill CRS Class 4 requirements; and
24 WHEREAS, Resolution R22-169 was approved by the Commission which FDEM
25 Executed Contract Agreement No. H0861 dated December 1, 2022 provides a period of
26 performance (POP) ending on September 30, 2023, which leaves the City with insufficient
27 time to accomplish the goals and objectives of the WMP. Consequently, a period of
28 performance extension of 12-months has been granted to the City.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
30 OF BOYNTON BEACH, FLORIDA, THAT:
31
32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
33 being true and correct and are hereby made a specific part of this Resolution upon adoption
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34 hereof.
35 Section 2. The City Commission approves and authorizes the Mayor to sign
36 Modification No.One to extend the Subrecipient Grant Agreement No. H0861 with Florida
37 Division of Emergency Management (FDEM) Hazard Mitigation Grant Program (HMGP)
38 program for the City's Watershed Management Plan to September 30, 2024, a copy of
39 which is attached hereto and incorporated herein as Exhibit "A".
40 Section 3. This Resolution shall become effective immediately upon passage.
41 PASSED AND ADOPTED this 18th day of July, 2023.
42 CITY OF BOYNTON BEACH, FLORIDA
43 YES NO
44 /
45 Mayor—Ty Penserga ✓
46
47 Vice-Mayor—Thomas Turkin
48 /
49 Commissioner—Angela Cruz l/
50 ✓
51 Commissioner—Woodrow L. Hay
52 ✓
53 Commissioner—Aimee Kelley
54
55 VOTE
56
57
58 AT
59
60 / t...*0 ' ice'
61 Maylee De `sus, MPA, M ' y Pe .erga
62 City Cle k Ma er
63
64 oytJT .ON. , PPROVED AS TO FORM:
65 (Corporate Seal) �.o�e°RAre •.�Cy���,
67
1>--• QORP
68 ,. .P ; Michael D. Cirullo, Jr.
69 • ...• City Attorney
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SUB-RECIPIENT AGREEMENT CHECKLIST --DIVISION OF EMERGENCY MANAGEMENT
MITIGATION BUREAU
REQUEST FOR REVIEW AND APPROVAL
SUB-RECIPIENT: City of Boynton Beach
PROJECT#: 4337-004-Pg
PROJECT TITLE: Boynton Beach Watershed Management Plan
CONTRACT#: H0861
MODIFICATION#: 1
SUB-RECIPIENT REPRESENTATIVE(POINT OF CONTACT)
Angela Prymas, P.E.
Senior Engineer
124 E Woolbright Road
Boynton Beach, Florida 33435
Enclosed is your copy of the proposed contract/modification between City of Boynton Beach
and the Florida Division of Emergency Management (FDEM).
COMPLETE
fl This form is required to be included with all Reviews, Approvals, and Submittal
Signed electronic copy
n Reviewed and Approved
Signed and Dated by Official Representative
Copy of the organization's resolution or charter that specifically identifies 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
® N/A for Modifications or State Funded Agreements
n Attachment K— Certification Regarding Lobbying - completed, signed, and dated
N/A for Modifications or State Funded Agreements
• Electronic Submittal to the Grant Specialist Samantha Chaganis on
If 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: H0861
Project Number: 4337-004-Pg
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
CITY OF BOYNTON BEACH
This Modification Number One is made and entered into by and between the State of Florida,
Division of Emergency Management("the Division"), and City of Boynton Beach ("Sub-Recipient")to
modify Contract Number H0861, dated December 1, 2022, ("the Agreement").
WHEREAS, the Division and the Sub-Recipient have entered into the Agreement, pursuant to
which the Division has provided a subgrant to Sub-Recipient under the Hazard Mitigation Grant Program
of$246,832.50 in Federal funds; and
WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and
WHEREAS, the Agreement shall expire on September 30, 2023.
WHEREAS, the Division and the Sub-Recipient desire to extend the terms of the Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the
parties agree as follows:
1. Paragraph 8 of the Agreement is hereby amended to read as follows:
(8) PERIOD OF AGREEMENT
This Agreement shall begin December 1, 2022 and shall end September 30, 2024; unless
terminated earlier 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 1st 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
Modification shall be and are hereby changed to conform with this Modification, effective on the
date of execution of this Modification by both parties.
4. All provisions not in conflict with this Modification remain in full force and effect, and are to be
performed at the level specified in the Agreement.
5. Quarterly 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 31, June 30,
September 30 and December 31.
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IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set
out below.
SUB-RECIPIENT: CITY,F BOYNTON BEACH
By
Name an. itle:---1\k �t2 itsf
Date: //t/z 23
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Kevin Guthrie, Director
Date:
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Attachment A
Watershed Master Planning Initiative
Boynton Beach Watershed Management Plan
Scope of Work and Budget
Statement of Purpose
The Florida Division of Emergency Management's (the Division) Bureau of Mitigation prioritizes flood risk
management 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 Insurance Program (NFIP) and to increase resiliency in Florida communities.
This project is funded through the Hazard Mitigation Grant Program (HMGP) 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 Manager
Hazard Mitigation Grant Program
Florida Division of Emergency Management
850-879-0872
watershedplanninqaem.mvflorida.com
Scope of Work
The Division will coordinate with eligible Florida entities to produce a Watershed Master Plan (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 WMP development.
Guidance materials produced in the WMP Pilot Program can be found at:
https://www.floridadisaster.orq/dem/mitiqation/watershed-planning-initiative or
https://www.fau.edu/enqineerinq/research/cwr3/clearinghouse/. The Sub-Recipient may use other
materials provided by ISO and located at https://fema.gov. The Sub-Recipient shall follow the Credit
Criteria for Element WMP under CRS Activity 452.b (please refer to the 2017 CRS Coordinator's Manual'
and the 2021 Addendum to the Coordinator's Manual2). The Sub-Recipient will finalize the process by
submitting their WMP to ISO/CRS for review and providing the Division with a signed letter from their
applicable county's Local Mitigation Strategy(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 Initial Flood Modeling, and Submit Draft WMP
The Sub-Recipient shall create a preliminary Project Plan, which is a narrative detailing how the 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 Project Plan to verify the required analysis has been completed. Specifically, the required
analysis for the preliminary Project Plan shall include all the Minimum Criteria required for a creditable
WMP3 under the two categories of Data Inventory and Collection and Initial Flood Modeling as follows:
' https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinators-
manual_2017.pdf
2 https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinator-
manual_addendum-2021.pdf
3 See 2017 CRS Coordinator's Manual at
https://www.fema.gov/sites/default/files/documents/fema community-rating-system coordinators-
manual 2017.pdf; the 2021 Addendum to the Coordinator's Manual at
https://www.fema.gov/sites/default/files/documents/fema community-rating-system coordinator-
manual addendum-2021.pdf; and other materials provided by ISO located at https://fema.qov.
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Data Inventory and Collection:
1. Data inventory(used for initial flood modeling):
a. Inventory of ground characteristics(e.g., soil type, impervious surfaces,wetlands)
b. Inventory of existing drainage system
c. Inventory of data availability
2. Locations of:
a. critical facilities, cultural/historical, and other places/areas of interest
b. vulnerable areas and their descriptions
c. natural and constructed drainage systems and channels
3. Existing regulations and plans in place for reducing flood risks
Initial Flood Modeling
4. For current/existing 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-& 100-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 100-year rainfall event 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 10-year and the 25-year rainfall events
5. For communities impacted by sea level rise: evaluations of the impacts of the NOAA Intermediate
2100 sea level rise scenario on the 100-year rainfall event
a. It 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.
6. 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 rainfall event in fully developed conditions, with a list of possible
solutions for addressing at least the 25-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 10-year and the 25-year events are not increased by
future development(the 2-year storm is also recommended).
7. The community must adopt the final plan.
8. If applicable, WMP 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.
Deliverable 1:An (1)electronic copy of the preliminary Project Plan; (2)a separate electronic document
listing how and where in the preliminary Project Plan the Minimum Criteria listed above are met; and (3)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 three electronic documents must be submitted to the Division for review no
later than 19 months after the beginning of the Period of Performance. The Sub-Recipient will provide
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Deliverable 1 to the Division via email to watershedplanninq(a�em.myflorida.com.
Payment for Task 1 will occur once the Sub-Recipient has received feedback from the Division confirming
that their preliminary Project Plan has been approved. To be approved, the preliminary Project Plan must
show how all the listed Minimum Criteria required for a creditable WMP are intended to be met.
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 the following no later than 19 months from the
beginning of the Period of Performance before payment will be processed.
Jurisdiction Specific Comments for Task 1:
Data collection for structures-The Sub-Recipient's project will include a high-quality stormwater
inventory which is a critical foundational dataset for any stormwater program. It enables the government
to more efficiently operate and maintain the system, evaluate capital improvement projects, adapt to
climate change, apply for funding, and markedly improve public safety—among many other benefits.
Specifically, the project will include conducting a survey to create a stormwater inventory that includes:
• Diameters
• Pipe Material
• Inverts and other key elevations
• Structure information and photos
• Pipe Length
• A geodatabase/GIS with the information.
This dataset will directly interface with, and greatly enhance, the City's existing ICPR model.
Initial Flood Modeling and Draft WMP Project Plan -The Sub-Recipient's project will evaluate the
future conditions, including the impacts of a median projected sea level rise(based on the National
Oceanic and Atmospheric Administration's(NOAA's)"intermediate-high" projection for the year 2100) on
the local drainage system during multiple rainfall events, including the 100-year rainfall event. This option
is for coastal communities with no natural or constructed channels. Guidance on sea level rise projections
for CRS purposes can be found in Section 404 of the CRS Coordinator's Manual. Future-conditions
should include a projected change in land use to determine the change in runoff from current to future,
fully developed conditions. The NOAA intermediate high projection for Boynton Beach is 3.9 ft NAVD88 of
sea level rise which must at a minimum be used for the SLR evaluation.
During the project, the Sub-Recipient's project team will submit preliminary data for a courtesy review to
identify any areas where the project needs to focus on or modify.Additionally, the Sub-Recipient will
clarify in writing which tasks and efforts have already been completed prior to contract execution. With the
mapping efforts, the Sub-Recipient shall provide the source and dates of data acquisition, locational
accuracy, and map projection and coordinate system information of geospatial data.
Task 2—Revise Draft WMP and Submit Completed WMP
After receiving feedback from the Division on the preliminary Project Plan from Task 1 (Deliverable 1), the
Sub-Recipient shall finalize the flood modeling process and submit their completed WMP. At a minimum,
the modeling and WMP must meet the Minimum 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 strategy.
Deliverable 2: An electronic copy of the completed WMP will be submitted to the Division no later than 24
months after the beginning of the Period of Performance. If applicable, the Sub-Recipient will revise the
submitted WMP to comply with required revisions and feedback from the Division, and then resubmit the
WMP to the Division no later than 24 months after the beginning of the Period of Performance.
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 the following no later than 24 months from the
beginning of the Period of Performance before payment will be processed:
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1. the completed WMP4(after incorporating comments from the Division, if applicable); and
2. a signed letter from the applicable county's Local Mitigation Strategy (LMS) Chairperson attesting
that the completed WMP will be adopted and used to update the risk assessment and mitigation
strategy during the next LMS plan update.
The Sub-Recipient will provide Deliverable 2 to the Division via email to
watershedplanning@em.myflorida.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 Manager or the Division to qualify
as reaching the minimum required criteria for each invoice period.
All tasks shall be performed under the direct 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
agreement, which will be reimbursed on a fixed-fee, fixed-price agreement as follows:
Deliverables Total Due Date
Deliverable
Value
Task 1 —Create Preliminary Project Plan based $191,920.00 19 Months after
on Initial Flood Modeling, and Submit Draft beginning of POP
WMP
Task 2—Revise Draft WMP and Submit $137,190.00 24 months after
Completed WMP beginning of POP
Total $329,110.00
Financial Consequences 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 expectations
upon a formal request from the Sub-Recipient.
If 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 project;
4. Withhold further agreements for the project; or
5. Take other actions that are legally allowed.
4 See the Minimum Criteria required for a creditable WMP listed above.
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Schedule of Work
Task(s) Number of Months
to Complete
Field work and data collection for structures (Task 1) 5
Initial Flood Modeling (Task 1) 9
Preliminary Project Plan (Task 1) 5
Revise Draft WMP and Submit Completed WMP (Task 2) 5
Total Period of Performance: 24
Total Period of Performance
The Period of Performance for this project begins on the date of execution of the subgrant
agreement by both parties and ends no later than September 30, 2024.
Budget
Cost Item Project Cost Federal Share Non-Federal Share
Personnel
Fringe Benefits
Travel
Equipment
Supplies
Contractual $329,110.00 $246,832.50 $82,227.50
Other
Project Total: $329,110.00 $246,832.50 $82,227.50
Funding Summary Totals
Federal Share: $246,832.50 75.00%
Non-Federal Share: $82,227.50 25.00%_
Total Project Cost: $329,110.00 100.00%
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