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Agenda 11/12/2024 Item #16K L1 (BCC acting as the CRA approve the 1st Amendment to Agreement to CD22-03 for the extension of 60-days between CRA for Immokalee for the FY 2024/2025 )11/12/2024 Item # 16.L.1 ID# 2024-1716 Executive Summary Recommendation that the Collier County Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) approve the First Amendment to Agreement CD22-03 for the extension of 60-days between Collier County and Collier County Community Redevelopment Agency (Immokalee) for FY 2024/2025 Housing and Urban Development (HUD) Community Development Block Grant (CDBG), and authorize the Chairman of the CRA to sign the First Amendment. OBJECTIVE: To improve accessibility and pedestrian and motorist safety within the Immokalee Community Redevelopment Area (CRA). CONSIDERATIONS: On June 28, 2022, Community and Human Services (CHS) processed grant agreement CD22-03 between the Collier County Community Redevelopment Agency (CRA) and the Collier County Board of County Commissioners (BCC) for CDBG funds. The agreement was approved by the Collier County BCC on June 28, 2022. The grant agreement for design was approved by the CRA (BCC) board on September 13, 2022, for the CDBG $250,000 grant. Kisinger Campo & Associates (KCA) was selected for the project design, with work commencing on July 21, 2023. KCA's Lighting Design Memo recommended full corridor lighting, supported by County departments. Following approval of alternative lighting fixtures, KCA's design adjustments aimed to reduce the number of new poles from 30 to 20, with 14 existing poles retrofitted. However, some existing poles and proposed poles and conduits require placement outside the right-of-way (ROW), necessitating easement acquisition for 11 locations. To manage ROW conflicts, the project will be divided into two phases: Phase 1 will address the southern segment without ROW encroachments, and Phase 2 will address remaining areas requiring acquisitions. A 60-day extension will push the grant deadline to December 26, 2024, for Phase I project plans to be finalized. On August 14, 2024, Staff requested a 60-day extension for the grant performance period to end December 26, 2024. The extension request was approved by the BCC on October 22, 2024 Agenda Item 16.D.10, and Staff is seeking the BCC acting as the CRA approval of the First Amendment. Staff is working with CHS Division to ensure compliance with all grant requirements. FISCAL IMPACT: Funding for this agreement has been recognized in the Immokalee CRA Grant Fund (1027) in the amount of $250,000. There are no changes to the funding amount requested in this amendment. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board action. -HFAC RECOMMENDATIONS: That the Collier County Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) approve the First Amendment to Agreement CD22-03 for the extension of 60-days between Collier County and Collier County Community Redevelopment Agency (Immokalee) for FY 2024/2025 Housing and Urban Development (HUD) Community Development Block Grant (CDBG), and authorize the Chairman of the CRA to sign the First Amendment. PREPARED BY: Prepared By: Christie Betancourt, CRA Assistant Director ATTACHMENTS: 1. CRA CD22-03 First Amendment (1) Page 4607 of 5419 11/12/2024 Item # 16.L.1 ID# 2024-1716 Page 4608 of 5419 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #1 CD22–03 First Street Corridor Pedestrian Safety Improvement-Design Page 1 FAIN # B-22-UC-12-0016 Federal Award Date 10/2022 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $250,000.00 Subrecipient Name Collier County Community Redevelopment Agency (Immokalee) UEI# JWKJKYRPLLU6 FEIN 59-6000558 R&D NA Indirect Cost Rate NA Period of Performance 10/1/2022- 4/30/2024 12/26/2024 Fiscal Year End 9/30 Monitor End: 6/2029 12/2029 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND Collier County Community Redevelopment Agency (Immokalee) CDBG Grant Program – Design THIS AMENDMENT is made and entered into this ____ day of _______ 2024, by and between Collier County, a political subdivision of the State of Florida, (“COUNTY”) having its principal address at 3339 Tamiami Trail East, Naples FL 34112, and Collier County Community Redevelopment Agency (Immokalee) (“SUBRECIPIENT”), a private non-profit organization having its principal office at 750 South 5th Street, Suite C, Immokalee, FL 34142. RECITALS WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County (“Board”) approved the Collier County Consolidated Plan – One-year Action Plan for Federal Fiscal Year 2022-2023 for the CDBG Program with Resolution 2022- 110 on June 28, 2022– Agenda Item 16.D.4; and Page 4609 of 5419 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #1 CD22–03 First Street Corridor Pedestrian Safety Improvement-Design Page 2 WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2022-2023 Annual Action Plan, on May 23, 2022, with a 30-day Citizen Comment period from May 23, 2022 to June 22, 2022; and WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project – (CD22-03) First Street Corridor Pedestrian Safety Improvement Design. WHEREAS, on June 28, 2022, Agenda Item 16.D.4, the COUNTY entered into an Agreement (the “Agreement”) with SUBRECIPIENT which set forth the responsibilities and obligations of each in undertaking the CDBG project – (CD22-03) First Street Corridor Pedestrian Safety Improvement Design; and WHEREAS, the parties wish to amend the Agreement to incorporate additional time to the period of performance. NOW, THEREFORE, in consideration of foregoing Recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the parties agree to amend the Agreement as follows. 1. Sections 1.3 and 1.7 are hereby amended as follows: Words Struck Through are deleted; Words Underlined are added. * * * 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2022 and shall end on April 30, 2024 December 26, 2024. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. * * * 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Page 4610 of 5419 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #1 CD22–03 First Street Corridor Pedestrian Safety Improvement-Design Page 3 COLLIER COUNTY ATTENTION: Judith Sizensky Julie Chardon, Grant Coordinator Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email:Judith.Sizensky@colliercountyfl.gov Julie.Chardon@colliercountyfl.gov Telephone: (239) 252-25905770 SUBRECIPIENT ATTENTION: Christie Betancourt, Operations Manager Assistant Division Director Collier County Community Redevelopment Agency (Immokalee) 750 South 5th Street, Suite C Immokalee, Florida 34142 Email: Christie.Betancourt@colliercountyfl.gov Telephone: (239) 285-7647 * * * 2. Exhibit B is hereby amended as set forth in Exhibit B attached hereto and incorporated herein. 3. Except as set forth herein, the Agreement remains in full force and effect. Signature Page to Follow Page 4611 of 5419 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #1 CD22–03 First Street Corridor Pedestrian Safety Improvement-Design Page 4 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK ______________________________ , Deputy Clerk Dated: _________________________ (SEAL) AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ___________________________________ CHRIS HALL, CHAIRPERSON Date: _____________________________ AS TO SUBRECIPIENT: COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) By: ____________________________________ WILLIAM L. MCDANIEL, JR., CO-CHAIR, Date: ________________________________ [Please provide evidence of signing authority] WITNESSES: Witness #1 Signature Witness #1 Printed Name Witness #2 Signature Witness #2 Printed Name EXHIBIT B Page 4612 of 5419 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #1 CD22–03 First Street Corridor Pedestrian Safety Improvement-Design Page 5 COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Collier County Community Development Agency (Immokalee) SUBRECIPIENT Address: 750 South 5th Street, Suite C, Immokalee, FL 34142 Project Name: First Street Corridor Pedestrian Safety Improvement Design Project No: CD22-03 Payment Request # Total Payment Minus Retainage Period of Availability: October 1, 2022 through April 30, 2024 December 26, 2024 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today’s Request (Total expenditures this period minus retainage, if applicable) $ $ 4. Current Grant Balance (Grant Amount minus previous requested minus today’s request) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor (Approval required $15,000 and below) Division Director (Approval Required $15,000 and above) Page 4613 of 5419