2023-R-10 - ECFRPC Vulnerability Assessment Agreement RESOLUTION NO.2023-R-10
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
REGARDING THE PROVISION OF SERVICES TO CONDUCT A
VULNERABILITY ASSESSMENT, PREPARE COMPREHENSIVE
PLAN AMENDMENTS TO UPDATE THE "PERIL OF FLOOD"
OBJECTIVES AND POLICIES, AND PREPARE A RESILIENCY
ACTION PLAN FOCUSED ON YEARS 1-5, PURSUANT TO THE
WORK PLAN IDENTIFIED IN THE FLORIDA RESILIENT
COASTLINE PROGRAM GRANT AGREEMENT BETWEEN THE
CITY AND THE STATE OF FLORIDA, DEPARTMENT OF
ENVIRONMENTAL PROTECTION; AUTHORIZING THE
EXECUTION OF AN AGREEMENT AND PAYMENT THEREFOR;
AUTHORIZING THE EXECUTION OF ALL DOCUMENTS
NECESSARY AND INCIDENTAL THERETO; AND SETTING
FORTH AN EFFECTIVE DATE.
WHEREAS,the City was awarded a Florida Resilient Coastline Program Grant from the
Florida Department of Environmental Protection (FDEP) for funding to assist in conducting a
Vulnerability Assessment in compliance with Section 380.093, Florida Statutes; preparing
Comprehensive Plan amendments in compliance with Section 163.3178, Florida Statutes; and
preparing a Resiliency Action Plan focused on years 1-5, consistent with the City's
Comprehensive Plan and the East Central Florida Regional Resiliency Action Plan ("the
Project"),and
WHEREAS, the City's professional staff has recommended the execution of an
agreement with the East Central Florida Regional Planning Council (ECFRPC), attached hereto
and incorporated herein by reference as "Exhibit A", to perform the work plan tasks as
identified in the grant agreement between the City and FDEP,and
WHEREAS, ECFRPC is considered a governmental agency pursuant to Section
186.504, Florida Statutes, as the one regional planning council per comprehensive planning
district, and Section 186.512, Florida Statutes, designating the Planning Council district
2023-R-10 1
boundaries, including Volusia County,and
WHEREAS, pursuant to Section 287.057(3)(e)(12), Florida Statutes, contracted services
and commodities not subject to the competitive-solicitation requirements include services or
commodities provided by governmental agencies, and
WHEREAS, ECFRPC has the required background knowledge and expertise to assist
the City in completing the work plan tasks identified in the grant agreement between the City and
FDEP,and
WHEREAS, FDEP will provide grant funds representing 100% of funding for the
Project in the amount of$75,000, and
NOW, THEREFORE, BE IT RESOLVED by the People of.the City of Edgewater,
Florida:
Section 1. The Mayor and the City Manager are hereby authorized and directed to
execute an agreement with the East Central Florida Regional Planning Council for the
performance of the Project at the said price, and to pay the cost thereof using grant funds
from the Florida Department of Environmental Protection.
Section 2. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
Section 3. If any portion of this resolution is for any reason held or declared to be
unconstitutional, inoperative,or void, such holding shall not affect the remaining portions of this
resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any
person, property,or circumstances,such holding shall not affect its applicability to any other
person,property,or circumstance.
Section 4 This Resolution shall take effect upon adoption.
2023-R-10 2
day of 2023.
PASSED AND DULY ADOPTED this ,
Diezel Depew,Mayor
AT�EST: I
c�nrx-k
Bonnie Zlotnik,CDW,City Clerk
REVIEWED AND APPROVED: « _
Aaron R. Wolfe, Cit3QOrney
2023-R-10 3
..-EXHIBIT 6W
� 4 r
2023-R-10 4
AGREEMENT BETWEEN
THE CITY OF EDGEWATER AND
THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
REGARDING THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION GRANT
THIS AGREEMENT, Between the City of Edgewater and East Central Florida Regional
Planning Council regarding the State of Florida Department of Environmental Protection Grant to
support the Resilient Florida Program pursuant to § 380.093, F.S. (hereinafter referred to as
"Agreement")is made and entered into by and between the City of Edgewater,a Florida municipal
corporation (herein after referred to as the "CITY" or "Grantee") with its administrative offices
located at 104 North Riverside, Edgewater, Florida, 32132, and East Central Florida Regional
Planning Council,a regional planning government agency of the State of Florida,with its principal
address located at 455 N. Garland Ave, Orlando, Florida, 32801 (hereinafter referred to as the
"ECFRPC", "Subgrantee" or "Subcontractor"), is made and entered into as of the date signed
below(the"Effective Date").
RECITALS
WHEREAS, public agencies (including CITY and ECFRPC) are authorized by
§163.01(14), Florida Statutes, to enter into contracts for the performance of service functions of
such public agencies, but shall not be deemed to authorize the delegation of the constitutional or
statutory duties of city officers.The parties expressly deny any intent,expressed or implied,in this
Agreement to provide for a delegation by ECFRPC of such constitutional or statutory duties to
CITY;and
WHEREAS,pursuant to§163.01(2),Florida Statutes,the foregoing authorization for such
agreements is granted to counties and cities for the purpose of permitting local governments to
make the most efficient use of their powers by enabling them to cooperate with the other localities
on a basis of mutual advantage and thereby to provide services and facilities in a manner and
pursuant to forms of governmental organization that shall accord best with geographic,economic,
population,and other factors influencing the needs and development of local communities; and
WHEREAS, pursuant to §380.093 Florida Statutes, creating the Resilient Florida
Program,the Florida Department of Environmental Protection (FDEP) is tasked with gathering a
"Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set and Assessment";
and
WHEREAS, CITY has received a Florida Resiliency Grant in the amount of$75,000 to
conduct a Vulnerability Assessment; and prepare an Adaptation Plan; and
WHEREAS, pursuant to §287.057(3)(e)(12), Florida Statutes, contracted services and
commodities not subject to the competitive-solicitation requirements include services or
commodities provided by governmental agencies; and
WHEREAS,ECFRPC is considered a governmental agency pursuant to §186.504 as the
one regional planning council per comprehensive planning district and §186.512 designating the
Planning Council district boundaries including Volusia County; and
WHEREAS,ECFRPC has the required background knowledge and expertise to assist the
CITY in completing the Work Plan tasks identified in the grant agreement with the Florida
Department of Environmental Protection;
NOW, THEREFORE,the parties agree and stipulate as follows:
I. The foregoing recitals are hereby adopted as a material part of this Agreement.
2. PURPOSE. The purpose of this Agreement is for ECFRPC to assist CITY with
conducting a Vulnerability Assessment;and preparing an Adaptation Plan consistent with
§163.01(2),Florida Statutes, Resilient Florida program.
3. GRANT.
3.1. The CITY is the grantee for the Grant consistent with the FDEP Standard Grant
Agreement 22PLN24("Grant Agreement'), copies of which are attached hereto
and incorporated herein as Exhibit A. ECFRPC agrees to serve as a
subcontractor consistent with the Work Plan identified in Attachment 3 of the
Grant Agreement.
3.2. ECFRPC bears sole responsibility for any and all expenses related to the
performance of services as set forth in the Grant Agreement. ECFRPC is solely
responsible for providing the CITY any and all documentation required for
CITY to request reimbursement from FDEP, or designated agency, under the
Grant Agreement,to wit:
3.2.1. Pursuant to paragraph 9.c. of Attachment 1 to the Grant Agreement.
Reimbursement requests for payments to subcontractors must be substantiated
to FDEP by copies of invoices with backup documentation identical to that
required from Grantee. Subcontracts which involve payments for direct salaries
shall clearly identify the personnel involved,salary rate per hour,and hours spent
on the Project. All eligible multipliers used (i.e., fringe benefits, overhead,
indirect, and/or general and administrative rates)shall be supported by audit. If
FDEP determines that multipliers charged by any subcontractor exceeded the
rates supported by audit, Grantee shall be required to reimburse such funds to
FDEP within thirty(30)days of written notification.Interest shall be charged on
the excessive rate.Nonconsumable and/or nonexpendable personal property or
equipment costing$5,000 or more purchased for the Project under a subcontract
is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and
Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73,
F.A.C., as applicable. The Grantee shall be responsible for maintaining
appropriate property records for any subcontracts that include the purchase of
equipment as part of the delivery of services.The Grantee shall comply with this
requirement and ensure its subcontracts issued under this Agreement, if any,
impose this requirement, in writing,on its subcontractors.
Page 2 of 5
3.3. ECFRPC assumes sole responsibility for compliance with the terms and
conditions of the Grant Agreement and shall reimburse the CITY for any costs
and expenses attributed to non-compliance with the terms and conditions of the
Grant Agreement within fifteen (15) days of CITY's written notification to
ECFRPC. CITY may seek all available legal and equitable remedies against
ECFRPC for its non-compliance with this Agreement or terms of the Grant
Agreement. This sub-paragraph shall survive termination of the Agreement.
4. INSURANCE.
4.1. For the duration of the term of this Agreement,ECFRPC shall maintain insurance
coverage of such types and with such terms and limits as set forth in the Grant
Agreement.Proof of insurance shall be approved by CITY risk management prior
to performance of any work.
5. RELATIONSHIP.
5.1. Nothing in this Agreement shall be interpreted to grant either party, or any
contributing individual or entity, any ownership or leasehold interest, equitable
or legal interest,privilege or right in property of the other.
6. EFFECTIVE DATE.
6.1. This Agreement shall take effect on the day which it is fully executed by both
parties.
7. TERM.
7.1. This Agreement shall remain in full force and effect until such time that the terms,
conditions and requirements of the Grant Agreement have been fulfilled and no
longer govern the parties. The CITY may terminate this Agreement at any time
for convenience upon written notice to ECFRPC.ECFRPC shall be compensated
for all work completed prior to termination subject to the CITY's receipt of funds
for that work from FDEP as set forth in paragraph 3 herein.
8. CONTROLLING LAW.
8.1. This Agreement is to be governed by the laws of the State of Florida. Venue for
any litigation between the parties to this Agreement shall be in the County of
Volusia,Florida and any trial shall be non jury.Each party agrees to bear its own
costs and attorney's fees relating to any dispute arising under this Agreement.
9. AMENDMENT.
Page 3 of 5
9.1. This Agreement and any exhibits,amendments and schedules may only be
amended,supplemented,modified or canceled by a written instrument duly
executed by the parties hereto.
10. ENTIRE AGREEMENT.
10.1. This Agreement contains the entire agreement of the parties hereto,and no
representations, inducements,promises or agreements oral or otherwise,
between the parties not embodied herein,shall be of any force or effect. Any
amendment of this Agreement shall not be binding upon the parties to this
Agreement unless such amendment is in writing and executed by both parties to
this Agreement.
11. NOTICES.
TO CITY: TO ECFRPC:
City of Edgewater East Central Florida
ATTN:Grant Manager Regional Planning Council
104 North Riverside Drive ATTN: Executive Director
Edgewater, FL 32132 455 N. Garland Ave.
Orlando,FL 32801
Page 4 of 5
CITY OF EDGEWATER EAST CENTRAL FLORIDA
REGIONAL PLANNING COUNCIL
By' By: -
Diezel DePew Tara McCue
Ma or Executive Director
Glenn A. Irby
City Manager
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing was acknowledged before me this`7� of June,2023 by Diezel DePew and
Glenn A. Irbv, who are personally known to me and did not take an oath.
y . DONNIE ZI.OTNIK ~
°r �R Ission#HN 2M92 t
�r13'2024 Notary Public, State of Florida
The foregoing was acknowledged before me this of June,2023,by Tara McCue,who is
personally known to me and did not take an oath.
Notary Public, State of Florida
Page 5of5