HomeMy WebLinkAbout2025 03 31 Consent 300 - NRCS Grant Agreement - Debris and Sediment Removal - Hurricane MiltonCONSENT AGENDA ITEM 300
CITY COMMISSION AGENDA | MARCH 31, 2025 REGULAR MEETING
TITLE
NRCS Grant Agreement - Debris and Sediment Removal - Hurricane Milton
SUMMARY
The NRCS has agreed to reimburse the City of Winter Springs 100% of all costs related
to the removal of debris and sediment from City creeks and streams impacted by
Hurricane Milton. The authorization of this Agreement by the City Commission will
formalize the funding up to $1,564,213.20 for these critical maintenance activities.
FUNDING SOURCE
RECOMMENDATION
Staff requests approval by the City Commission to authorize a grant agreement from
the United States Department of Agriculture - National Resource Conservation
Services (NRCS).
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NRCS-ADS-093
U.S. Department of Agriculture
Natural Resources Conservation Service
NOTICE OF GRANT AND AGREEMENT AWARD
1. Award Identifying Number
NR254209XXXXC003
2. Amendment Number 3. Award /Project Period
Date of NRCS signature -
03/06/2026
4. Type of award instrument:
Cooperative Agreement
5. Agency (Name and Address)
Natural Resources Conservation Service
P. O. Box 141510
Gainesville, FL 32614-1510
6. Recipient Organization (Name and Address)
CITY OF WINTER SPRINGS
1126 E STATE RD 434
WINTER SPRINGS FL 32708-2715
UEI Number / DUNS Number: N7T3G16N8K46 / 025212655
EIN:
7. NRCS Program Contact
Name: Jason Strenth
Phone: (352) 338-9559
Email: jason.strenth@fl.usda.
gov
8. NRCS Administrative
Contact
Name: MOIRA SANFORD
Phone: (614) 255-2495
Email:
moira.sanford@usda.gov
9. Recipient Program
Contact
Name: Kevin Monser
Phone: (407) 327-5996
Email:
kmmonser@winterspringsfl.o
rg
10. Recipient Administrative
Contact
Name: Holly Queen
Phone: (407) 327-6557
Email: hqueen@winterspringsfl.
org
11. CFDA
10.923
12. Authority
33 U.S.C. 701b-1
13. Type of Action
New Agreement
14. Program Director
Name: Philip Hursh
Phone: (407) 327-7591
Email: phursh@winterspingsfl.
org
15. Project Title/ Description: Damage Survey Reports 12-07-24-5084-011 MIL-CWS-001, -020 MIL-CWS-002, -021 MIL-
CWS-003, and -022 MIL-CWS-004, debris removal in Seminole County, FL, due to Hurricane Milton, 6000034845
16. Entity Type: C = City or township Government
17. Select Funding Type
Select funding type:Federal Non-Federal
Original funds total $1,564,213.20 $0.00
Additional funds total $0.00 $0.00
Grand total $1,564,213.20 $0.00
18. Approved Budget
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Personnel $0.00
Travel $0.00
Supplies $0.00
Construction $1,422,012.00
Total Direct Cost $1,564,213.20
Fringe Benefits $0.00
Equipment $0.00
Contractual $0.00
Other $142,201.20
Total Indirect Cost $0.00
Total Non-Federal Funds $0.00
Total Federal Funds Awarded $1,564,213.20
Total Approved Budget $1,564,213.20
This agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations. In accepting this
award or amendment and any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to
act on behalf of the awardee organization, agrees that the award is subject to the applicable provisions of this agreement (and all
attachments), and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts, if any,
found by NRCS to have been overpaid, will be refunded or credited in full to NRCS.
Name and Title of Authorized
Government Representative Signature Date
Name and Title of Authorized
Recipient Representative Signature Date
NONDISCRIMINATION STATEMENT
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin,
age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political
beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply
to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination write to
USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202)
720-6382 (TDD). USDA is an equal opportunity provider and employer.
PRIVACY ACT STATEMENT
The above statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. Section 522a).
Juan Hernandez
State Conservationist
Kevin Sweet
City Manager
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Statement of Work
The purpose of this agreement is for the United States Department of Agriculture, Natural Resources Conservation
Service, hereinafter referred to as the “NRCS”, to provide technical and financial assistance to the City of Winter Springs,
hereinafter referred to as the “Sponsor”, for EWP Project # 5084 (Hurricane Milton) in Seminole County, Florida for
implementation of recovery measures, that, if left undone, pose a risk to life and/or property.
Purpose
The design and installation of EWP measures as detailed in the individual Damage Survey Reports (DSR) and described
here:
DSR MIL-CWS-001 (12-07-24-5084-011) - Debris and sediment removal in Seminole County, Florida: $510,576
DSR MIL-CWS-002 (12-07-24-5084-020) - Debris and sediment removal in Seminole County, Florida: $421,116
DSR MIL-CWS-003 (12-07-24-5084-021) - Debris removal in Seminole County, Florida: $268,092
DSR MIL-CWS-004 (12-07-24-5084-022) - Debris removal in Seminole County, Florida: $222,228
Total Estimated construction cost: $1,422,012
Objectives
The official budget described in this Budget Narrative will be considered the total budget as last approved by the Federal
awarding agency for this award.
Amounts included in this budget narrative are estimates. Reimbursement will be based on actual expenditures, not to
exceed the amount obligated.
Total Estimated Project Budget: $1,564,213.20
The budget includes:
Financial Assistance (FA) Costs:
Construction Costs (100% NRCS $1,422,012.00 + 0% Sponsor $0.00): $1,422,012.00
Technical Assistance (TA) Costs:
100% NRCS (10.0% of total construction cost): $142,201.20
1. NRCS pays up to 100 percent of eligible construction costs and Sponsor pays 0 percent of construction costs. NRCS
will contribute up to 10.0 percent of the total construction cost for contract administration and construction management
costs. It is possible that technical and administrative costs will exceed this amount, requiring the Sponsor to contribute
resources to complete technical and administrative work
2. NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for financial
assistance (FA) and one for technical assistance (TA). FA costs are associated with construction activities; TA costs are
associated with services. These expenditures shall be accounted for separately in order for expenses to be eligible for
reimbursement.
3. NRCS will provide FA for actual costs as reimbursement to the Sponsor for approved on-the-ground construction
costs, subject to above limits. If costs are reduced, reimbursement will be reduced accordingly. Construction costs are
associated with the installation of the project measures including labor, equipment and materials.
4. NRCS will provide TA reimbursement to the Sponsor for technical and administrative costs directly charged to the
project, subject to the above limits. If costs are reduced, reimbursement will be reduced accordingly. These costs
include
a. engineering costs include, but not limited to, developing a project design that includes construction drawings and
specifications, an operation and maintenance plan, a quality assurance/inspection plan and an engineer’s estimate of the
project installation costs in addition to providing necessary quality assurance during construction.
b. contract administration costs include, but not limited to, soliciting, evaluating, awarding and administering contracts for
Budget Narrative
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construction and engineering services, including project management, verifying invoices and record keeping.
5. The Sponsor will contribute funds toward the total construction costs in either direct cash expenditures, the value of
non-cash materials or services, or in-kind contributions. The value of any in-kind contribution shall be agreed to in
writing prior to implementation.
SPONSOR RESPONSIBILITIES
If inconsistencies arise between the language in the Statement of Work (SOW) in the agreement and the general terms
and conditions, the language in the SOW takes precedence.
1. Perform the work and produce the deliverables as outlined in this Statement of Work.
2. Comply with the applicable version of the General Terms and Conditions.
3. Accomplish construction of the EWP project measures by contracting, in-kind construction services, or a combination
of both.
4. Ensure and certify by signing this agreement that its cost share obligation is from a non-Federal source.
5. Acquire adequate real property rights (land and water), permits and licenses in accordance with local, state, and
Federal laws necessary for the installation of EWP project measures at no cost to NRCS prior to construction. This
includes any rights associated with required environmental mitigation. Costs related to land rights and permits are the
Sponsor’s responsibility and are ineligible for reimbursement.
6. Accept all financial and other responsibility for excess costs resulting from their failure to obtain, or their delay in
obtaining, adequate land and water rights, permits and licenses needed for the Project.
7. Provide the agreed-to portion of the actual, eligible and approved construction cost. These costs may be in the form
of cash, in-kind construction services, or a combination of both. Final construction items that are eligible construction
costs will be agreed upon during the pre-design conference. These costs consist of costs from contracts awarded to
contractors and eligible Sponsor in-kind construction costs for materials, labor, and equipment. The Sponsor shall
provide NRCS documentation to support all eligible construction costs. Construction costs incurred prior to the Sponsor
and NRCS signing this agreement are ineligible and will not be reimbursed.
8. Be responsible for 100 percent of all ineligible construction costs and 100 percent of any unapproved upgrade to
increase the level of protection over and above that described in the DSR.
9. Account for and report FA and TA expenditures separately in order for expenses to be eligible for reimbursement.
NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for TA and one for
FA, requiring this separation.
10. The contracts for design services and construction described in this Agreement shall not be awarded to the Sponsor
or to any firm in which any Sponsor’s official or any member of such official’s immediate family has direct or indirect
interest in the pecuniary profits or contracts of such firms. Reference 2 CFR § 200.318 regarding standards of conduct
covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and
administration of contracts.
11. For in-kind construction services (materials, labor, and/or equipment supplied by the Sponsor), develop a Plan of
Operations describing the construction services to be performed including estimated quantities and values. The Plan of
Operations shall be concurred in by NRCS prior to construction. In-kind construction services for equipment shall not
exceed published FEMA equipment rates unless otherwise documented and concurred in advance by NRCS.
12. The following documentation is required to support the Sponsor's request for reimbursement of in-kind construction
services:
a. Invoices covering actual costs of materials used in constructing the eligible EWP project measures.
b. Records documenting the type, quality, and quantities of materials actually used in constructing the eligible EWP
project measures.
c. Daily time records for each employee showing name, classification, wage rate, hours, and dates actually employed for
Responsibilities of the Parties:
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constructing the eligible EWP project measures.
d. Equipment operating records showing the type and size of equipment, hourly rate, actual hours of operation and dates
used to install the eligible EWP project measures. Equipment idle time is not eligible in-kind construction services, even
if on the job site, and should not be included in the equipment operating records.
13. Ensure that any special requirements for compliance with environmental and/or cultural resource laws are
incorporated into the project.
14. The Sponsor must secure at its own expense all Federal, State, and local permits and licenses necessary for
completion of the work described in this agreement as well as any necessary natural resource rights and provide copies
of all permits and licenses obtained to NRCS.
15. Will arrange and pay for any necessary location, removal, or relocation of utilities, including temporary utilities. EWP
program regulations prohibit NRCS from reimbursing the Sponsor or otherwise paying for any such costs; nor do the
costs qualify as a Sponsor cost-share contribution.
16. Ensure that technical and engineering standards and specifications of NRCS are adhered to during construction of
the Project, as interpreted by NRCS Program/Technical Contact. Provide NRCS Government Representative progress
reports every two weeks after execution of the agreement. Progress reports should include design status, permitting
status, technical on-site inspections of work accomplished for the period, work planned, results of material tests, deficient
work products and/or tests with corrective actions taken, modifications anticipated, technical problems encountered,
contractual issues and other relevant information for each damage survey report. Failure to provide timely progress
reports may jeopardize the sponsor’s opportunity for a time extension, if needed.
17. Ensure that all contractors on NRCS assisted projects are performing their work in accordance with OSHA
regulations and the Contract Work Hours and Safety Standards Act (40 USC 3701-3708) as supplemented by
Department of Labor regulations (29 CFR Part 5). The Sponsor is responsible for periodically checking the contractor’s
compliance with safety requirements.
18. Provide PE-certified as-built drawings and quantities for the project. A copy of the as-built drawings will be submitted
to the NRCS Government Representative. A PE certification is not required for debris removal only sites.
19. Submit a SF 270, “Request for Advance and Reimbursement,” with all documentation to support the request.
Payments will be withheld until all required documentation is submitted and complete.
20. Ensure that information in the System for Award Management (SAM) is current and accurate until the final financial
report (SF-425) under this award or final payment is received, whichever is later.
21. Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the
contract(s) awarded under this Agreement. This includes, but is not limited to disputes, claims, protests of award, source
evaluation, and litigation that may result from the Project. Such actions will be at the expense of the Sponsor, including
any legal expenses. The Sponsor will advise, consult with, and obtain prior written concurrence of NRCS on any
litigation matters in which NRCS could have a financial interest.
22. Sponsor must indemnify and hold NRCS harmless to the extent permitted by State law for any costs, damages,
claims, liabilities, and judgments arising from past, present, and future acts or omissions of the Sponsor in connection
with its acquisition and management of the Emergency Watershed Protection Program pursuant to this agreement.
Further, the Sponsor agrees that NRCS will have no responsibility for acts and omissions of the Sponsor, its agents,
successors, assigns, employees, contractors, or lessees in connection with the acquisition and management of the
Emergency Watershed Protection Program pursuant to this agreement that result in violation of any laws and regulations
that are now or that may in the future become applicable.
23. Retain all records dealing with the award and administration of the contract(s) for 3 years from the date of the
Sponsor’s submission of the final request for reimbursement or until final audit findings have been resolved, whichever is
longer. If any litigation is started before the expiration of the 3-year period, records are to be retained until the litigation is
resolved or the end of the 3-year period, whichever is longer. Make such records available to the Comptroller General of
the United States or his or her duly authorized representative and accredited representatives of the Department of
Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcriptions.
24. Submit requests for a time extension to the agreement (if necessary) in writing no less than forty-five (45) days prior
to the expiration date of the agreement. The time extension request shall provide a justification for the time extension
and be supported by a revised schedule showing the work completed by the requested date. Submit the written and
signed request to the NRCS Program/Technical Contact.
25. Submit reports and payment requests to the Government Representative as outlined in the applicable version of the
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General Terms and Conditions. Reporting frequency is as follows:
Performance reports: annually
SF425 Financial Reports: annually
NRCS RESPONSIBILITIES
1. Assist Sponsor in establishing design parameters; determine eligible construction costs during the pre-design
conference.
2. Designate a Government Representative (GR) to serve as liaison with the Sponsor and identify that person’s contact
information with this executed agreement.
3. Review, comment and concur in preliminary and final plans, specifications, O&M Plan, Plan of Operations (if
applicable) and QAP.
4. Make periodic site visits during the installation of the EWP project measures to review construction progress,
document conformance to engineering plans and specifications, and provide any necessary clarification on the
Sponsor’s responsibilities.
5. Upon notification of the completion of the EWP project measures, NRCS shall promptly review the performance of the
Sponsor to determine if the requirements of this agreement and fund expenditures as agreed have been met.
6. Make payment to the Sponsor covering NRCS’ share of the cost upon receipt and approval of Form SF-270 and
supporting documentation. In the event there are questions regarding the SF 270 and supporting documentation, NRCS
will contact the Sponsor in a timely manner to resolve concerns.
SPECIAL PROVISIONS
1. The furnishing of financial, administrative, and/or technical assistance above the original funding amount by NRCS is
contingent on there being sufficient unobligated and uncommitted funding in the Emergency Watershed Protection
Program that is available for obligation in the year in which the assistance will be provided. NRCS may not make
commitments in excess of funds authorized by law or made administratively available. Congress may impose
obligational limits on program funding that constrains NRCS’s ability to provide such assistance.
2. In the event of default of a construction contract awarded pursuant to this agreement, any additional funds properly
allocable as construction costs required to ensure completion of the job are to be provided in the same ratio as
construction funds are contributed by the parties under the terms of this agreement. Any excess costs including interest
resulting from a judgment collected from the defaulting contractor, or his or her surety, will be prorated between the
Sponsor and NRCS in the same ratio as construction funds are contributed under the terms of the agreement.
3. Additional funds, including interest properly allocable as construction costs as determined by NRCS, required as a
result of decision of the CO or a court judgment in favor of a claimant will be provided in the same ratio as construction
funds are contributed under the terms of this agreement. NRCS will not be obligated to contribute funds under any
agreement or commitment made by the Sponsor without prior concurrence of NRCS.
4. The State Conservationist may make adjustments in the estimated cost to NRCS set forth in this agreement for
constructing the EWP measures. Such adjustments may increase or decrease the amount of estimated funds that are
related to differences between such estimated cost and the amount of the awarded contract or to changes, differing site
conditions, quantity variations, or other actions taken under the provisions of the contract. No adjustment will be made to
change the cost sharing assistance provided by NRCS as set forth in this agreement, nor reduce funds below the
amount required to carry out NRCS' share of the contract.
5. NRCS, at its sole discretion, may refuse to cost share should the Sponsor, in administering the contract, elect to
proceed without obtaining concurrence as set out in this agreement.
6. Once the project is completed and all requests for reimbursement submitted, any excess funding remaining in the
agreement will be de-obligated from the agreement.
1. Prepare design, construction specifications, and drawings in accordance with standard engineering principles that
Expected Accomplishments and Deliverables
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comply with NRCS programmatic requirements; and/or contract/install the designed construction. Any design services
will be by a professional registered engineer, except debris removal only sites. Sponsor will obtain NRCS review and
concurrence on the design, construction plans, and specifications, prior to construction. The Sponsor must ensure
description of work is reviewed, concurred, and approved by NRCS. A copy of the final signed and sealed plans and
specifications shall be provided to NRCS.
2. Contract for services and construction in accordance with the Code of Federal Regulations (CFR), 2 CFR § 200.317
through 200.327, applicable State regulations, and the Sponsor’s procurement regulations, as appropriate. (See general
terms and conditions attached to this agreement for a link to the CFR.) In accordance with 2 CFR § 200.327, contracts
must contain the applicable provisions described in Appendix II to Part 200. Davis-Bacon Act would not apply under this
Federal program legislation.
3. Provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notify
NRCS of environmental clearance, modification of construction plans, or any unresolved concerns as well as copies of
all permits, licenses, and other documents required by Federal, state, and local statutes and ordinances prior to
solicitation for installation of the EWP project measures. All modifications to the plans and specifications shall be
reviewed and concurred on by NRCS.
4. Prepare and submit for NRCS concurrence an Operation and Maintenance (O&M) Plan, if applicable, prior to
construction. The O&M Plan shall describe the activities the Sponsor will do, for a minimum of 10 years, to ensure the
project performs as designed. Upon completion of the project measures, the Sponsor shall assume responsibility for
O&M. An O&M plan is not required for debris removal only sites.
5. Prior to commencement of work and/or solicitation of bids, submit for NRCS review and concurrence a Quality
Assurance Plan (QAP). The QAP shall outline technical and administrative expertise required to ensure the EWP project
measures are installed in accordance with the plans and specifications, identify individuals with the expertise, describe
items to be inspected, list equipment required for inspection, outline the frequency and timing of inspection (continuous
or periodic), outline inspection procedures, and record keeping requirements. A copy of the final QAP shall be provided
to NRCS prior to commencement of construction.
6. Provide construction inspection in accordance with the QAP.
7. Arrange for and conduct final inspection of completed project with NRCS to determine whether all work has been
performed in accordance with contractual requirements. Provide certification that the Project was installed in
accordance with approved plans and specifications. For sites other than debris removal only, the certification must be
from a Professional Engineer.
See the Responsibilities of the Parties section for required resources, if applicable.
Resources Required
Milestones shall include, but not limited to, the following items:
1. Hold pre-design conference: within 30 calendar days of agreement execution
2. Provide schedule to GR: within 14 calendar days of pre-design conference
3. Obtain permits
4. Survey and design
5. Complete quality assurance and operation and maintenance plans
6. Solicit bids
7. Award contract
8. Administer construction contract, including providing construction inspection
9. Provide completion certification, to include As-Built Drawings
10. Complete close-out activities
Milestones
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GENERAL TERMS AND CONDITIONS
Please reference the below link(s) for the General Terms and Conditions pertaining to this award:
https://www.fpacbc.usda.gov/about/grants-and-agreements/award-terms-and-conditions/index.html
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