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Agenda 03/14/2023 Item #16A12 (Terminate Subrecipient Agreement Nos. IR031 and IR002 for stormwater improvements in the Immolalee area)03/14/2023 EXECUTIVE SUMMARY Recommendation to terminate Subrecipient Agreement Nos. IR031 and IR002 in the amounts of $602,786.32 and $591,374.00, respectively, with the Florida Department of Economic Opportunity (FDEO), Community Development Block Grant -Mitigation (CDBG-MIT) program and the Community Development Block Grant -Disaster Recovery (CDBG-DR) program totaling $1,194,160.32 for the construction of the Immokalee Eden Gardens Stormwater Improvements, and the construction of the Immokalee North 3rd Street Drainage Improvements; Authorize the Chair to sign the termination letters to the Grantor, and approve necessary budget amendments to reduce grant funds totaling $1,194,160.32 in the Growth Management Grant Fund (711). OBJECTIVE: To terminate Subrecipient Agreement Nos. IR031 and IR002 for stormwater improvements in the Immokalee area. CONSIDERATIONS: The Community Development Block Grant -Mitigation (CDBG-MIT) program is provided through FDEO to help communities following a major disaster. Hurricanes have caused damaging flooding in Immokalee, and CDBG-MIT funds were to be used to construct stormwater infrastructure improvements to provide flood protection, increase resiliency, and reduce long-term risk. On October 8, 2019, (Item 16.A.12) the Collier County Board of County Commissioners provided after -the -fact approval for the submittal of a Community Development Block Grant - Disaster Rebuild (CDBG-DR) application for Immokalee Stormwater Improvements. The application was approved for funding in the amount of $602,786.32 for the construction of infrastructure improvements to the Eden Gardens stormwater conveyance system and $591,374.00 for the construction of infrastructure improvements to the North 3" Street stormwater conveyance system. (Subsequent to this approval, the FDEO changed the grant type to CDBG-MIT for the Eden Gardens stormwater conveyance system.) These grants have several requirements that would delay construction of this critical infrastructure by at least one year or longer. The environmental review process is required by both grants and consists of 16 different compliance authorities that are required to be contacted and evaluated prior to Invitation to Bid of the project. Additionally, public notices must be published for pre- and post -Environmental Review, Finding of No Significant Impact (FONSI) statement and Request for Release of Funds (RROF) with a minimum of ten calendar days to be advertised and a comment period for the public and a 30-day comment period for historical preservation contacts. Review and approval from FDEO and the U.S. Department of Housing and Urban Development (HUD) is required prior to advertisement of these required documents. Categorically Excluded Activities not subject to 24 CFR 58.5 are also required to have a written description and citations included in the Environmental review record. Categorically excluded activities include administration, planning, engineering design, etc., and these activities are required to be reviewed under the related Federal Laws and Authorities. Due to the project delays relative to the amount of funding and scopes of the grants, we feel the grant termination is more cost effective. The projects will be completed with existing Stormwater local funds. FISCAL IMPACT: Collier County has not incurred any grant eligible expenditures to date for the projects. Budget amendments are required to reduce funding for Subrecipient Agreement Nos. IR031 and IR002 in the amounts of $602,786.32 and $591,374.00, respectively, with the Florida Department of Economic Opportunity (FDEO), Community Development Block Grant -Mitigation (CDBG-MIT) program and the Community Development Block Grant -Disaster Recovery (CDBG-DR) program for a total amount of $1,194,160.32 in the Growth Management Grant Fund 711, Project No. 60143. Funds for the projects are available within the Stormwater Bond Fund 327, Project No. 60143. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires a majority vote for Board approval. -RTT Packet Pg. 512 03/14/2023 RECOMMENDATION: To terminate Subrecipient Agreement Nos. IR031 and IR002 in the amounts of $602,786.32 and $591,374.00, respectively, with the Florida Department of Economic Opportunity (FDEO), Community Development Block Grant -Mitigation (CDBG-MIT) program and the Community Development Block Grant -Disaster Recovery (CDBG-DR) program totaling $1,194,160.32 for the construction of the Immokalee Eden Gardens Stormwater Improvements, and the construction of the Immokalee North 3rd Street Drainage Improvements; Authorize the Chair to sign the termination letters to the Grantor, and approve necessary budget amendments to reduce grant funds totaling $1,194,160.32 in the Growth Management Grant Fund (711). Prepared by: Brittany Lazo, Project Manager, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. Termination Letter - Grant Agreement IR031 (PDF) 2. Termination Letter - Grant Agreement IR002 (PDF) Packet Pg. 513 16.A.12 03/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Doe ID: 24828 Item Summary: Recommendation to terminate Subrecipient Agreement Nos. IR031 and IR002 in the amounts of $602,786.32 and $591,374.00, respectively, with the Florida Department of Economic Opportunity (FDEO), Community Development Block Grant -Mitigation (CDBG-MIT) program and the Community Development Block Grant -Disaster Recovery (CDBG-DR) program totaling $1,194,160.32 for the construction of the Immokalee Eden Gardens Stormwater Improvements, and the construction of the Immokalee North 3rd Street Drainage Improvements; Authorize the Chair to sign the termination letters to the Grantor, and approve necessary budget amendments to reduce grant funds totaling $1,194,160.32 in the Growth Management Grant Fund (711). Meeting Date: 03/14/2023 Prepared by: Title: — Capital Project Planning, Impact Fees, and Program Management Name: Brittany Lazo 03/02/2023 2:04 PM Submitted by: Title: Division Director - Capital Proi Plan, Impact Fees — Capital Project Planning, Impact Fees, and Program Management Name: Beth Johnssen 03/02/2023 2:04 PM Approved By: Review: Growth Management Department Jeanne Marcella Transportation Management Services Department Completed 03/02/2023 2:18 PM Growth Management Operations Support Tara Castillo Additional Reviewer Completed 03/02/2023 2:33 PM Capital Project Planning, Impact Fees, and Program Management Jessica Arencibia Additional Reviewer Completed 03/02/2023 2:37 PM Growth Management Department Jeanne Marcella Additional Reviewer Skipped 03/02/2023 2:50 PM Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed 03/02/2023 3:22 PM Public Utilities Planning and Project Management Daniel Roman Additional Reviewer Completed 03/02/2023 3:25 PM Public Transit & Neighborhood Enhancement Caroline Soto Additional Reviewer Completed 03/02/2023 3:59 PM Growth Management Operations Support Brandy Otero Additional Reviewer Completed 03/02/2023 4:18 PM Growth Management Department Trinity Scott Transportation Completed 03/03/2023 8:28 AM Grants Maria Kantaras Level 2 Grants Review Completed 03/03/2023 9:50 AM County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 03/03/2023 2:45 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/03/2023 3:13 PM Packet Pg. 514 16.A.12 03/14/2023 Grants Therese Stanley Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Corporate Compliance and Continuous Improvement Megan Gaillard Office of Management and Budget Susan Usher Additional Reviewer County Manager's Office Ed Finn CMO Completed County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 03/03/2023 3:36 PM Completed 03/03/2023 4:33 PM Additional Reviewer Completed 03/05/2023 7:39 AM Completed 03/05/2023 3:32 PM 03/05/2023 6:26 PM Completed 03/06/2023 4:33 PM 03/14/2023 9:00 AM Packet Pg. 515 16.A.12.c Co Ier County O Transportation Management 3 Services Department E March 14, 2023 Kaitlyn Webb Grant Manager, Office of Long -Term Resiliency Florida Department of Economic Opportunity 107 E. Madison Street Tallahassee, FL 32399 Subject: Termination of Grant Contract No. IR031 Dear Ms. Webb, Collier County is submitting a formal request to terminate DEO Agreement No. IR031; CDBG-MIT for the Eden Gardens stormwater conveyance system. The various grant requirements are currently delaying the construction of the project. Therefore, County staff has determined it is most cost effective to proceed using local funding and avoid further delay. Please advise as to the next steps Collier County must take to finalize the termination compliant with the subject contract. Regards, Rick LoCastro, Chairman Collier County Board of County Commissioners 2885 Horseshoe Drive South • Naples, Florida 34104. 239-252-8192 www.colliercountyfl.gov Packet Pg. 516 16.A.12.d Co Ter County O N Transportation Management 3 Services Department E March 14, 2023 Samuel B. Long, AA, AS, FCCM, POP Government Operations Consultant II Office of Long -Term Resiliency Florida Department of Economic Opportunity 107 E. Madison Street Tallahassee, FL 32399 Subject: Termination of Grant Contract No. IR002 Collier County is submitting a formal request to terminate DEO Agreement No. IR002; CDBG-DR for the North 3rd Street stormwater drain pipe system improvements. The various grant requirements are currently delaying the construction of the project. Therefore, County staff has determined it is most cost effective to proceed using local funding and avoid further delay. Please advise as to the next steps Collier County must take to finalize the termination compliant with the subject contract. Regards, Rick LoCastro, Chairman Collier County Board of County Commissioners 2885 Horseshoe Drive South • Naples, Florida 34104.239-252-8192 - www.colliercountyfl.gov Packet Pg. 517