Agenda 09/11/2018 Item #16A2609/11/2018
EXECUTIVE SUMMARY
Recommendation to approve an Agreement and all attendant documents between the Department
of the Army, U.S. Army Corps of Engineers (USACE) and Collier County for the Collier County
Feasibility Shoreline Protection Study to cooperatively investigate long-term federal shoreline
protection within Collier County, Florida.
OBJECTIVE: To allow the U.S. Army Corps of Engineers (USACE) and Collier County to
cooperatively investigate long-term federal shoreline protection within Collier County, Florida.
CONSIDERATION: An April 30, 1992, resolution adopted by the Committee on Public Works and
Transportation, United States House of Representatives, in accordance with Section 110 of the River and
Harbor Act of 1962, Public Law 87-874, authorized a survey of the shores of Collier County, Florida and
adjacent shorelines, in the interest of hurricane protection, storm damage reduction, beach erosion control,
and other related purposes. The Bipartisan Budget Act of 2018 (BBA), Public Law 115-123, enacted
February 9, 2018, authorized the Federal Government to conduct the study at full Federal expense to the
extent that appropriations provided under the Investigations heading of the BBA 2018 are available and
use for such purpose.
The Agreement will target the completion of the feasibility study within three years at a total cost to
USACE of no more than $3 million. After signing the Agreement, a Project Management Plan will be
developed and agreed upon by Collier County, FL, and USACE. The Agreement must be signed and
returned to the Department of Army Jacksonville District Commander by October 8, 2018.
FISCAL IMPACT: No cost to the County.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To approve an Agreement and all attendant documents between the Department
of the Army, U.S. Army Corps of Engineers (USACE) and Collier County for the Collier County
Feasibility Shoreline Protection Study to cooperatively investigate long-term federal shoreline protection
within Collier County, Florida.
Prepared by: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees
and Program Management Division
ATTACHMENT(S)
1. Agreement Collier FCSA 08 23 18 CLEAN (PDF)
2. FCSA_Self_cert_CFO_Collier County (PDF)
3. signed ltr to sponsor Collier (PDF)
4. SignedLetterofIntenttoColonel Kelly letter (PDF)
5. Study Initiation Checklist - Supplemental (PDF)
16.A.26
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09/11/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.26
Doc ID: 6553
Item Summary: Recommendation to approve an Agreement and all attendant documents between
the Department of the Army, U.S. Army Corps of Engineers (USACE) and Collier County for the Collier
County Feasibility Shoreline Protection Study to cooperatively investigate long term federal shoreline
protection within Collier County, Florida.
Meeting Date: 09/11/2018
Prepared by:
Title: Accountant – Capital Project Planning, Impact Fees, and Program Management
Name: Gail Hambright
08/28/2018 3:18 PM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
08/28/2018 3:18 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/28/2018 3:24 PM
Zoning Gary McAlpin Additional Reviewer Completed 08/28/2018 3:50 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 08/29/2018 8:26 AM
Growth Management Operations Support Heather Meyer Additional Reviewer Completed 08/29/2018 8:28 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 08/29/2018 10:08 AM
Grants Edmond Kushi Level 2 Grants Review Completed 08/29/2018 11:43 AM
Growth Management Department Gail Hambright Deputy Department Head Review Skipped 08/29/2018 1:39 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/29/2018 2:42 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 08/29/2018 3:59 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/30/2018 8:41 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 08/30/2018 9:06 AM
Grants Therese Stanley Additional Reviewer Completed 08/30/2018 9:50 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/30/2018 11:44 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/01/2018 9:17 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/11/2018 9:00 AM
16.A.26
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AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
COLLIER COUNTY, FLOIRDA
FOR THE
COLLIER COUNTY, FLORIDA STUDY
THIS AGREEMENT is entered into this ________ day of ________, ____, by and
between the Department of the Army (hereinafter the “Government”), represented by the District
Commander for Jacksonville District (hereinafter the “District Commander”) and Collier
County, Florida (hereinafter the “Non-Federal Sponsor”), represented by the Collier County
Board of Commissioners.
WITNESSETH, THAT:
WHEREAS, an April 30, 1992 resolution adopted by the Committee on Public Works
and Transportation, United States House of Representatives, in accordance with Section 110 of
the River and Harbor Act of 1962, Public Law 87-874, authorizes a survey of the shores of
Collier County, Florida, and adjacent shorelines, in the interest of hurricane protection, storm
damage reduction, beach erosion control, and other related purposes (hereinafter the “Study”);
WHEREAS, notwithstanding Section 105(a) of the Water Resources Development Act of
1986 (33 U.S.C. 2215(a)), which specifies the cost-sharing requirements generally applicable to
feasibility studies, Title IV, Division B of the Bipartisan Budget Act of 2018, Public Law 115-
123, enacted February 9, 2018 (hereinafter “BBA 2018”), authorizes the Government to conduct
the Study at full Federal expense to the extent that appropriations provided under the
Investigations heading of the BBA 2018 are available and used for such purpose; and
WHEREAS, the Government and the Non-Federal Sponsor have the full authority and
capability to perform in accordance with the terms of this Agreement.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - OBLIGATIONS OF THE PARTIES
A. In accordance with Federal laws, regulations, and policies, the Government shall
conduct the Study using BBA 2018 funds. In the event that there are insufficient BBA 2018
funds to complete the Study, such completion shall be subject to cost-sharing otherwise
applicable to the Study and amendment of this Agreement.
1. The Government shall conduct the Study consistent with the Project
Management Plan, which specifies the scope, cost, and schedule for Study activities. In
Encl 3
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Packet Pg. 587 Attachment: Agreement Collier FCSA 08 23 18 CLEAN (6553 : Feasibility Shoreline Protection Study)
2
consultation with the Non-Federal Sponsor, the Government may modify the Project
Management Plan as necessary.
2. The cost of the Study is limited to $3 million in Federal funds, unless the
Assistant Secretary of the Army (Civil Works) approves an exemption for the Study to exceed $3
million.
3. To the extent practicable and in accordance with Federal laws, regulations, and
policies, the Government shall afford the Non-Federal Sponsor the opportunity to review and
comment on solicitations for contracts prior to the Government’s issuance of such solicitations;
proposed contract modifications, including change orders; and contract claims prior to resolution
thereof. Ultimately, the contents of solicitations, award of contracts, execution of contract
modifications, and resolution of contract claims shall be exclusively within the control of the
Government.
B. In addition to the ongoing, regular discussions of the parties in the delivery of the
Study, the Government and the Non-Federal Sponsor may establish a Study Coordination Team
to discuss significant issues or actions. The Non-Federal Sponsor’s costs for participation on the
Study Coordination Team shall be paid solely by the Non-Federal Sponsor without
reimbursement or credit by the Government.
C. The Non-Federal Sponsor shall not be entitled to any credit or reimbursement for any
costs it incurs in performing its responsibilities under this Agreement.
ARTICLE II - TERMINATION OR SUSPENSION
A. Upon 30 calendar days written notice to the other party, either party may elect at any
time, without penalty, to suspend or terminate future performance of the Study. Furthermore,
unless an exemption is approved by the Assistant Secretary of the Army (Civil Works), the Study
may be terminated if a Report of the Chief of Engineers, or, if applicable, a Report of the
Director of Civil Works, is not signed for the Study within 3 years after the effective date of this
Agreement.
B. If the Government determines at any time that BBA 2018 funds made available for
the Study are not sufficient to complete the Study, the Government shall so notify the Non-
Federal Sponsor in writing, and upon exhaustion of such funds, the Government shall suspend
the Study until the parties execute an amendment to this Agreement that provides for cost-
sharing of the remaining work.
ARTICLE III - DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this Agreement, that
party must first notify the other party in writing of the nature of the purported breach and seek in
good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute
16.A.26.a
Packet Pg. 588 Attachment: Agreement Collier FCSA 08 23 18 CLEAN (6553 : Feasibility Shoreline Protection Study)
3
through negotiation, they may agree to a mutually acceptable method of non-binding alternative
dispute resolution with a qualified third party acceptable to the parties. Each party shall pay an
equal share of any costs for the services provided by such a third party as such costs are incurred.
ARTICLE IV - RELATIONSHIP OF PARTIES
In the exercise of their respective rights and obligations under this Agreement, the
Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to
be considered the officer, agent, or employee of the other. Neither party shall provide, without
the consent of the other party, any contractor with a release that waives or purports to waive any
rights a party may have to seek relief or redress against that contractor.
ARTICLE V - NOTICES
Any notice, request, demand, or other communication required or permitted to be given
under this Agreement shall be deemed to have been duly given if in writing and delivered
personally or mailed by certified or registered mail, with return receipt, as shown below. A
party may change the recipient or address for such communications by giving written notice to
the other party in the manner provided in this Article.
If to the Non-Federal Sponsor:
Chairman, Collier County Board of Commissioners
2685 South Horseshoe Drive
Unit 103
Naples, Florida 34104
If to the Government:
District Engineer
U.S. Army Corps of Engineers, Jacksonville District
P.O. Box 4970
Jacksonville, Florida 32232-0019
ARTICLE VI - CONFIDENTIALITY
To the extent permitted by the laws governing each party, the parties agree to maintain
the confidentiality of exchanged information when requested to do so by the providing party.
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Packet Pg. 589 Attachment: Agreement Collier FCSA 08 23 18 CLEAN (6553 : Feasibility Shoreline Protection Study)
4
ARTICLE VII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES
Nothing in this Agreement is intended, nor may be construed, to create any rights, confer
any benefits, or relieve any liability, of any kind whatsoever in any third person not a party to
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall
become effective upon the date it is signed by the District Commander.
DEPARTMENT OF THE ARMY COLLIER COUNTY, FLORIDA
BY: __________________________ BY: __________________________
Andrew D. Kelly Andrew Solis
Colonel, U.S. Army Chairman
District Commander Collier County Board of Commissioners
DATE: _________________________ DATE: _______________________
16.A.26.a
Packet Pg. 590 Attachment: Agreement Collier FCSA 08 23 18 CLEAN (6553 : Feasibility Shoreline Protection Study)
CERTIFICATE OF AUTHORITY
I, Jeffrey Klatzkow, do hereby certify that I am the principal legal officer of Collier County,
Florida that Collier County, Florida is a legally constituted public body with full authority and legal
capability to perform the terms of the Agreement between the Department of the Army and Collier
County, Florida in connection with the Collier County, Florida Study, and to pay damages, if
necessary, in the event of the failure to perform in accordance with the terms of the Agreement, as
required by Section 221 of the Flood Control Act of 1970, as amended (42 U.S.C. 1962d-5b),
and that the person who executed the Agreement on behalf of Collier County, Florida acted within
his statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
______________ day of _____________ 20___.
____________________________
Jeffrey Klatzkow
County Attorney
Collier County, Florida
16.A.26.a
Packet Pg. 591 Attachment: Agreement Collier FCSA 08 23 18 CLEAN (6553 : Feasibility Shoreline Protection Study)
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(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
any 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-LLL, "Disclosure Form to Report
Lobbying," 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 31 U.S.C. 1352. 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.
_____________________________
Andrew Solis
Chairman
Collier County Board of Commissioners
DATE: ______________________________
16.A.26.a
Packet Pg. 592 Attachment: Agreement Collier FCSA 08 23 18 CLEAN (6553 : Feasibility Shoreline Protection Study)
NON-FEDERAL SPONSOR’S
SELF-CERTIFICATION OF FINANCIAL CAPABILITY
FOR AGREEMENTS
I, ______________________________, do hereby certify that I am the Chief Financial Officer
of the Collier County (the “Non-Federal Sponsor”); that I am aware of the financial obligations
of the Non-Federal Sponsor for the Collier County, Florida Study; and that the Non-Federal
Sponsor has the financial capability to satisfy the Non-Federal Sponsor’s obligations under the
Agreement Between the Department of the Army and Collier County for the Collier County,
Florida Study.
IN WITNESS WHEREOF, I have made and executed this certification this ________ day of
___________________, ________.
BY: _________________________________________
TITLE: _________________________________________
DATE: _________________________________________
Encl 4
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Packet Pg. 593 Attachment: FCSA_Self_cert_CFO_Collier County (6553 : Feasibility Shoreline Protection Study)
24 August 2018
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Packet Pg. 594 Attachment: signed ltr to sponsor Collier (6553 : Feasibility Shoreline Protection Study)
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Packet Pg. 595 Attachment: signed ltr to sponsor Collier (6553 : Feasibility Shoreline Protection Study)
Office of the County Manager
Leo E. Ochs, Jr.
3299 Tamiami Trail East, Suite 202 . Naples Florida 34112-5746 . (239) 252-8383 . FAX: (239) 2524010
August 28, 20lE
Colonel Andrew D. Kelly
Commander, Jacksonville District
U.S. Army Corps of Engineers
P.O. Box 4970
Jacksonville, FL 32223-0019
Dear Colonel Kelly:
With respect to the recently passed Bipartisan Budget Act of20l8 (Public Law 115-123), the Collier County
Board ofcounty Commissioners is willing and able to participate as the Sponsor for the Collier County Feasibility
Shoreline Protection Study, in partnership with the U.S. Amy Corps ofEngineers (USACE), to cooperatively
investigate long term federal shoreline protection within Collier County, Florida.
Collier County, FL understands that a study cannot be initiated unless it is selected as a viable study with associated
allocation of Federal funds provided through Public taw I I 5- I 23 . If selected, we intend to sign a study agreement,
and concur with the draft provided by USACE, to hitiate the study with USACE. It is our understanding that the
agreement will target completion ofthe feasibility study within 3 years al a total cost ofno more than $3 miltion. After
signing ttre agreement, a Project Management Plan will be developed and agreed upon by Collier County, FL and
USACE. The study will be conducted and managed by USACE. The costsharing for the study, with funds from Public
Law I 15-123, will be 100% Fedemt.
Collier County, FL is aware that this letter constitutes an expression of intent to initiate a study partnership to
address the specified water resources problems and is not a contractual obligation. We understand that work on the
study cannot commence until it is included in the Administration's request, funds are allocated by the Office of
Management and Budge! and an agreement is signed. lt is understood that we or USACE may opt to discontinue
the study at any time after the agreement is signed but will commit to work together as paftIen liom the scoping phase,
and subsequent decision points throughont the feasibility study, on providing the necessary support to risk-informed
decision making. lf it is det€rmined ihat additional time or fimding is necessary to suppoft decisions to be made in order to
complete the study, our agency will work with USACE io determine the appmpriate course ofaciion.
We also understand that ifthe results ofthe feasibility study culminate in a projed that is found to be to be
technically feasible, economicallyjustified, and environmentally acceptable, that the Report ofthe Chiefof
Engineers could potentially make the project available for Preconstruction Engineering and Design and eventual
Construction under Public Law I l5- 123, subject to the availability of funds. We are prepared to work with
USACE as these situations develop and are prepared to engage in negotiations on future agreements and potential
Operations and Maintenance obligations as this project moves forward.
lfyou require additional information, please contact: Gary McAlpin at 239-252-5342 or
Gary.McAlpin@colliercountyfl .gov.
Sincerely,
職看`County Manager
16.A.26.d
Packet Pg. 596 Attachment: SignedLetterofIntenttoColonel Kelly letter (6553 : Feasibility Shoreline Protection Study)
Initiating a Supplemental Appropriation Study
NLT 60 days after HQUSACE publication of model FCSA
Hold initial meeting with all PDT disciplines; identify a focused team to perform initial
scoping
Identify external sources of expertise (i.e. risk champions, planning mentors, PCX’s,
etc).
Create and fund labor codes as applicable
Execute Feasibility Cost Sharing Agreement & provide a scanned copy to your MSC
Request Federal funding allocation
NLT 30 days after FCSA execution
Assemble your focused team and perform 1st iteration of the risk-informed planning
process: What do we know?
Initiate Risk Register and Decision Management Plan, and use as a basis for Project
Management Plan (PMP) development
Initiate environmental coordination
o Conduct pre-Notice of Intent (NOI) scoping to ascertain appropriate NEPA class
of action and determine what other environmental approvals are likely necessary
o Request Species List from USFWS/NMFS
NLT 60 days after FCSA execution
Develop initial PMP
Enter initial study schedule into P2
Develop Resource Plan with your Program Analyst
Perform 2nd iteration of the risk-informed planning process: What do others know?
o Based on new information/evidence gathered from stakeholders and the NFS, do
any of your measures/alternatives change? What about your criteria for
evaluation?
o Confirm focused array of alternatives for additional analysis
Begin developing Report Summary
Begin developing PowerPoint Presentation for Alternatives Milestone Meeting
Continue early environmental coordination
o Perform MSA coordination
o Initiate FWCA Coordination
NLT 90 days after FCSA execution
Submit Section 1002 letter to NFS, post to District public website, and provide copy to
the RIT
Obtain MSC approval of Review Plan
Publish NOI to develop an Environmental Impact Statement, if applicable
Submit read-ahead documents for Alternatives Milestone Meeting to MSC no later than
one week ahead of time
o Report Summary
o Study Issue Checklist
o PowerPoint Presentation slide deck
Hold Alternatives Milestone Meeting
Encl 1
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Packet Pg. 597 Attachment: Study Initiation Checklist - Supplemental (6553 : Feasibility Shoreline Protection Study)