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
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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
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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
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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
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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:
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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