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Agenda 04/11/2023 Item #16A21 (Watershed Protection Program grant appliction to the United States Dept. of Agriculture, Natural Resources Conservation Service.)04/11/2023 EXECUTIVE SUMMARY Recommendation to provide after -the -fact approval for the submittal of a Watershed Protection Program grant application to the United States Department of Agriculture, Natural Resources Conservation Service, in the estimated amount of $9,328,519.40, with an estimated local match in the amount of $2,809,795.00, authorize the County Manager or designee to execute the award and amendments, and authorize any necessary budget amendments. OBJECTIVE: To receive an "After -the -Fact" approval from the Board of County Commissioners ("Board") for application submission to the United States Department of Agriculture, Natural Resources Conservation Service that will ensure timely application before the April 3, 2023 deadline and expedite the award and appropriations to begin the project timely. CONSIDERATIONS: On September 28, 2022, Hurricane Ian passed offshore of Collier County producing storm related debris throughout Collier County waterways. On March 3, 2023, the Collier County Capital Project Planning, Impact Fees & Program Management Division was notified that funds had become available through the United States Department of Agriculture, Natural Conservation Resources Conservation Service. The Emergency Watershed Protection Program allows communities to address serious and long-lasting damages with the flexibility to act quickly to help communities cope with adverse impacts resulting from natural disasters. This project will address the existence of storm related debris in Collier County waterways due to Hurricane Ian and to maintain an appropriate conveyance system for an adequate flood protection level of service. Emergency Watershed Protection does not require a disaster declaration by Federal or State officials for program assistance to begin, but ultimately partial funding must be provided by the State Legislature. The total project cost is expected to be $12,138,314.40 comprised of $11,239,180.00 construction costs and $899,134.40 technical service costs. The breakdown of funding contributions is as follows: Federal Funds Local Match Total Estimated Construction Costs $8,429,385.00 $2,809,795.00 $11,239,180.00 Estimated Technical Services $899,134.40 $0.00 $899,134.40 Total $9,328,519.40 $2,809,795.00 $12,138,314.40 Collier County CMA #5330 authorizes the County Manager to approve the submittal of grant applications with subsequent Board of County Commissioners action at the next available Board meeting to ratify the approval "after -the -fact". FISCAL IMPACT: The funding request is for $9,328,519.40 in Federal funds and is calculated at 75% of construction costs plus 8% of construction costs for technical services. The grant requires a 25% local match of construction costs in the amount of $2,809,795.00. The technical service cost is not subject to the local match. The local match is available in Stormwater Fund (325) supported by Ad Valorem. Initial budget amendments are required to recognize grant revenue within the Growth Management Grant Fund (711) and transfer match funding from Stormwater Fund (325) reserves to Growth Management Match Fund (712), Project 33852 for the anticipated award amount to ensure work can start upon receipt and execution of the award. Further budget amendments will be processed as necessary to final award amount. GROWTH MANAGEMENT IMPACT: The proposed goals, objectives, and policies of all applicable sections of the Stormwater Management and the Conservation and Coastal Management elements of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. -RTT RECOMMENDATION: To provide after -the -fact approval for the submittal of a Watershed Protection Program I Packet Pg. 689 04/11/2023 grant application to the United States Department of Agriculture, Natural Resources Conservation Service, in the estimated amount of $9,328,519.40, with an estimated local match in the amount of $2,809,795.00, authorize the County Manager or designee to execute the award and amendments, and authorize any necessary budget amendments. Prepared By: Pawel Brzeski, Project Manager, Capital Project Planning, Impact Fees & Program Management Division. ATTACHMENT(S) 1. Application—USDA-NRCS—wCAO (PDF) 2. CM Memo—wCAO (PDF) I Packet Pg. 690 04/11/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.21 Doe ID: 25102 Item Summary: Recommendation to provide after -the -fact approval for the submittal of a Watershed Protection Program grant application to the United States Department of Agriculture, Natural Resources Conservation Service, in the estimated amount of $9,328,519.40, with an estimated local match in the amount of $2,809,795.00, authorize the County Manager or designee to execute the award and amendments, and authorize any necessary budget amendments. Meeting Date: 04/11/2023 Prepared by: Title: Planner, Senior — Growth Management Operations Support Name: Brandy Otero 03/30/2023 4:45 PM Submitted by: Title: Division Director - Operations Support — Growth Management Department Name: Gene Shue 03/30/2023 4:45 PM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed 03/30/2023 4:48 PM Growth Management Operations Support Brandy Otero Additional Reviewer Completed 03/31/2023 8:19 AM Growth Management Operations Support Michelle DAndrea Additional Reviewer Completed 03/31/2023 4:43 PM Capital Project Planning, Impact Fees, and Program Management Pawel Brzeski Additional Reviewer Completed 04/03/2023 11:03 AM Growth Management Department Danielle Bates Transportation Management Services Department Completed 04/03/2023 12:46 PM Growth Management Department Trinity Scott Transportation Completed 04/03/2023 1:03 PM Grants Maria Kantaras Level 2 Grants Review Completed 04/04/2023 9:43 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/04/2023 9:50 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/04/2023 11:09 AM Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed Office of Management and Budget Office of Management and Budget Community & Human Services Grants County Manager's Office 04/04/2023 11:36 AM Susan Usher Additional Reviewer Completed 04/04/2023 3:03 PM Christopher Johnson Additional Reviewer Completed 04/05/2023 7:58 AM Maggie Lopez Additional Reviewer Completed 04/05/2023 8:14 AM Therese Stanley Additional Reviewer Completed 04/05/2023 9:35 AM Amy Patterson Level 4 County Manager Review Completed 04/05/2023 4:08 PM I Packet Pg. 691 04/11/2023 Board of County Commissioners Geoffrey Willig Meeting Pending 04/11/2023 9:00 AM I Packet Pg. 692 OMB Number: 4040-0004 Expiration Date 11/30/2025 Application for Federal Assistance SF-424 1 Type of Submission: 7 Preapplication Z Application F� Changedicorrected Application 2 Type of Application. If Revision. seleet appropriate lotions) Z New F� continuation Other (Speedy) [] Revision 3, Date Received 4. Applicant Identifier Sa. Federal Entity Ideriffer 5b Federal Award Identifier IN/A IN/A State Use Only: 6 Date Received by State. 7 State Application Identifier ............ 8. APPLICANT INFORMATION: 'a Legal Name Y Roa tJ v ss � onv-� b Employer/Taxpayer Identification Number (EINMN) UEI 1JWKJYYRpLLU 6== d. Address: Streetl: . .................. Streel:2. City: 114apl.es County/PariW State. Province: Country� LJSA-. =-7EI.S! ATFS . ............................. Zip I Postal COCW F e. Organizational Unit: Department Name Division Name IC:ap.ital Project P14rsrii.na ............................. f. Name and contact information of person to be contacted on matters Involving this application: Prefix First Name Middle Name� I M =,(- h I e, * Last Name: ID I Andy ea Suffix F Title. latol, Organizational Affiliation *Telephone Number, 12,19.252 Fax Number Email: e, Durid r ea(,.ocol I I ex -county', 1. gov E 0 L- 0 0 I- f--: 4- 0 0 0 I- CL 04 E I Packet Pg. 693 1 Application for Federal Assistance SF-424 9. Type of Applicant 1: Select Applicant Type: F-1-11.11Y Government Type of Applicant 2 Select Applicant Typei_ I - Type of Applicant 3: Select Applicant Type. Other (specify) L- 10. Name of Federal Agency: 1USDA - Natural Resources Consc r vat ioni Serv4ce 11. Catalog of Federal Domestic Assistance Number: 110.923 CFDA Title: Eme-z-gency Watershed Prozz,ect.ion Program * 12. Funding Opportunity Number: IN/A * Title N/A 13. Competition Identification Number: Title N A 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attach View Attachment Delete Attachme 15. Descriptive Title of Applicant's Project: Hurricane -an debris removal from Col'lier Coun-�y owned/Tiiaintained wauerways Attach supporting documents as specified in agency instructions i Add Attachments 7 lete Attachments View Attachme E 0 L- a. C 0 0 2 a. M W 4- 0 E E 0 0 16- CL U W C14 CD T11 LO CN E M U I Packet Pg. 694 Application for Federal Assistance SF-424 16. Congressional Districts Of: *a Applicant b. Program/Project Attach an additional list of ProgramlProject Congressional Districts if needed IFL-019 & F1, Add AttacW,;17] I Dellift Aftechme ment �J 17. Proposed Project: a. Start Dale El:= b End Date E= 18. Estimated Funding ($): a. Federal 9, 32 8, 51 1�. 2, b. Applicant c, State d, Local e. Other 1. Program Income L. .. . . . ...................... *g TOTAL 19. Is Application Subject to Review By State Under Executive Order 12372 Process? 0 a. This application was made available to the State under the Executive Order 12372 Process for review on F-] b. Program is subject to E.O. 12372 but has not been selected by the State for review. Z c Program is not covered by E.O. 12372, 20. Is the Applicant Delinquent On Any Federal Debt? (if "Yes," provide explanation in attachment) [:] Yes Z No If "Yes", provide explanation and attach F_ Add Attachment DeieleArtachm:,�Et] I VewAtta, h;;nt 21. 'By signing this application, I certify (1) to the statements contained in the list of certifications— and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) Z -- I AGREE ­ The list of certifications and assurances. or an internet site where you may obtain this list. is contained in the announcement or agency specific instructions. Authorized Representative: Prefix First Name lArny middle Name Last Name. . .... . .................. Suffix Title 1,','cunty Manager NUmDer: [L3..j 21-2-5721 Fax Number . . ................. . . .,iov Signature of Authorized Representative -Date Signed. D 72- _3 272- .1 M E M 16- 0 0 .2 U 0 IL 16- 2 M 3-1 4M. 0 E 0 0 L_ CL CL M 42 04 C14 I Packet Pg. 695 1 ASSURANCES - CONSTRUCTION PROGRAMS OMB Numbev 4040-0009 Expiration Date: 02/28/2025 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestion for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503, PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE' Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency, Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: I , Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this application. 1 Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4� Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6, Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency 7, Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Previous Edition Usable 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C,F. R 900, Subpart F) 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title V1 of the Civil Rights Act of 1964 (P1. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S,C. §§1681 1683, and 1685-1686). which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975. as amended (42 U.S C. §§6101-6107), which prohibits discrimination on the basis of agc (e) the Drug Abuse Office and Treatment Act of 1972 (P,L� 92-255), as amended relating to nondiscrimination on the basis of drug abuse: (� the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U, S,C� §§290 dd-3 and 290 ee 3), as amended. relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Act of 1968 (42 U.S.0 §§3601 et seq.), as amended, relating to nondiscrimination in the sale. rental or financing of housing: (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made: and 0) the requirements of any other nondiscrimination statue(s) which may apply to the application. ALilhorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A- 102 I Packet Pg. 696 1 11� Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P� L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12, Will comply with the provisions of the Hatch Act (5 U.S. C, §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U,S C. §§276a to 276a-7), the Copeland Act (40 U, S.C. §276c and 18 U,S C. §874), and the Contract Work Hours and Safety Standards Act (40 U,S.C. §§327- 333) regarding labor standards for federally -assisted construction subagreements, 14 Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P. L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition Is $10.000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to ED 11990" (d) evaluation of flood hazards in floodplains in accordance with EO 11988-1 (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 at seq,),- (f]l conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U,S,C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523): and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205), 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U. S.C. §§1271 et seq,) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S. C. §§469a- 1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States. Local Governments, and Non -Profit Organizations." 19 Will comply with all applicable requirements of all other Federal laws, executive orders, regulations. and policies governing this program. 20� Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE rity Manager APPLICANT ORGANIJ��TION DATE SUBMITTED ............ E­, y soarY of County Comm i ss ioners SF-424D (Rev 7-97) Back E 0 a. r_ 0 CD 0 a. 'a CD 0 I - CD 4- 0 E (D 0 I- CL CL 4) C14 Q T_ In C14 I Packet Pg. 697 1 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants. Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, thati (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan. the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement. the undersigned shall complete and submit Standard Form-LILL, "DiscJosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352. title 31, U.S- Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10.000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan. the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U,S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than S10,000 and not more than $100.000 for each such failure. APPLICANT'S ORGANIZATION lCollier Co,"nty Boa-rd o" County * PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: First NamedAMY Middle Name: F Last Name: i,atterson Suffix: Title: F'.11TIty Manager * SIGNATURE: * DATE: E 0 (L r- 0 0 4- 0 L 0 0 CL M Z 0 C14 CD T- I Packet Pg. 698 1 z C: CA !�l C4 > > E tu �D u Q) u a -:7 0 < r- CL V) E 0 2 (L a 0 u 2 0 f--: 4-- 0 E U) E 0 m C14 CD T- LO C14 I Packet Pg. 699 1 loan TO: Amy Patterson, County Manager CC: Trinity Scott —Department Head Transportation Services Mngmt Department Beth Johnssen — Division Director Capital Project Planning, Impact Fees and Program Management FROM: Therese Stanley Manager — OMB Grants Compliance DATE: March 22, 2023 Grant Application Reviewed and Approved by Cou"anager, orA:tsignee: County Manager '�/&23date) Aftcr-thc-Fact Approval by the BCC is required at the April 11, 2023, BCC ineeting Z-1 RE: County Manager review and approval to submit a federal grant application and be designed to accept the award from the U.S. Department of Agriculture (USDA) for the Natural Resources Conservation Service (NRCS) Grant through the Emergency Watershed Protection (EWP) program (ATF 23-003). Federal funding is estimated in an amount of $9,328,519.40 with a required local match of $2,809,795.00. The Emergency Watershed Protection Program allows communities to address serious and long-lasting damages with the flexibility to act quickly to help communities cope with adverse impacts resulting from natural disasters. This project will address the existence of storm related debris in Collier County waterways due to Hurricane Ian and to maintain an appropriate conveyance system for an adequate flood protection level of service, The funding request is for $9,328,519.40 in Federal funds and is calculated at 75% of construction costs plus 8% of construction costs for technical services, The grant requires a 25% local match of construction costs in the amount of $2,809,795.00. The technical service cost is not subject to the local match. The local match is available in the Stormwater Reserves Fund 325. The breakdown of funding contributions is as follows: Estimated Award Federal Funds Local Match Total . . .. . . ................. ... Construction $8,429,385.00 $2,809,795.00 $11,239,180.00 Technical Services $899,134.40 $0.00 $899,134.40 Total $9,328,519.40 $2,8 $12,138,314.40 The USDA issued a Notification of Funding Opportunity on March 3, 2023, with an application deadline of one month from notification, April 3, 2023. Due to the short turnaround, we are asking for your approval to submit the application followed by an After -the -Fact approval by the Board of County Commissioners at the April 11, 2023 meeting, To expedite use of funding before the rainy season, the Board will be requested to authorize the County Manager or designee to execute the award and any amendments. Once you have reviewed the application, please sign in the box above and in the areas marked throughout the application and call me for pickup at 239-252-2959. Thank you, and please let me know if you have any questions regarding this request. 3299 Tamiami Trail East, Suite 201 - Naples. Florida 34112-57-4,; - 239-252-897^1 - FAX 239-252-8828 I Packet Pg. 700