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Agenda 12/10/2024 Item #16D11 (Second Amendment- Agreement between Collier County and Collier County Community Redevelopment Agency to amend Community Development Block Grant Agreement #CD22-03 extend the period of performance and reduce funding)12/10/2024 Item # 16.D.11 ID# 2024-2010 Executive Summary Recommendation to approve and authorize the Chairman to sign the Second Amendment to the subrecipient agreement between Collier County and Collier County Community Redevelopment Agency (Immokalee) to amend Community Development Block Grant Agreement #CD22-03 to extend the period of performance and reduce the funding by $61,000 to $189,000 (Housing Grant Fund 1835) OBJECTIVE: To support the residents of Immokalee through planning public infrastructure to effectively, efficiently, and sustainably meet the needs of our Collier County citizens. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program funds locally defined requests for program specific needs in the community and infrastructure improvements. Every five years the County is required to submit a Consolidated Plan to HUD outlining the goals and activities to be undertaken with HUD entitlement funds over the five-year period as well as Annual Action Plans. The Board approved the Collier County 2021-2025 Consolidated Plan on June 22, 2021, (Agenda Item #16.D.7), and the PY 2022-2023 Annual Action Plan on June 28, 2022, (Agenda Item #16.D.4). On June 28, 2022 (Agenda Item #16.D.4), the Board approved the CDBG Subrecipient Agreement with Collier County Immokalee Community Redevelopment Agency (ICRA). The agreement established $250,000 in funding for the design portion of the First Street Pedestrian Safety Improvement Project. On October 22, 2024 (Agenda Item #16.D.10), the Board approved the First Amendment with the ICRA to revise the notice contact and extend the period of performance. Upon receiving the 60% design plans from the consultant, staff learned of several necessary improvements that are located outside of the Right-of-Way (ROW) on private property near the east side of the corridor. To mitigate the risk, staff and the consultant determined that splitting the design into two segments would be the most risk-averse approach and would allow for timely spending and completion of Phase I. The proposed Second Amendment will revise the agreement by: a) Adding Phase I language into the scope of work and throughout the agreement to add clarity b) Revise the period of performance from 12/26/2024 to 1/06/2025 c) Reduce the overall budget from $250,000 to $189,000 to support the Phase I design timeline. d) Revise Exhibit B to include the change of period of performance e) Revise Exhibit C, Outcome 1 to reflect Phase 1 language. FISCAL IMPACT: This agreement will reduce the subrecipients award by $61,000 to $189,000. The funding for the award is budgeted within CDBG Housing Grant Fund (1835), CDBG Project 33823. There is no new fiscal impact to the County. GROWTH MANAGEMENT IMPACT: This item has no impact on the Housing Element of the Growth Management Plan of Collier County. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. - CJS RECOMMENDATIONS: Recommendation to approve and authorize the Chairman to sign the Second Amendment to the subrecipient agreement between Collier County and Collier County Community Redevelopment Agency (Immokalee) to amend Community Development Block Grant Agreement #CD22-03 to extend the period of performance and reduce the funding by $61,000 to $189,000 (Housing Grant Fund 1835) Page 7371 of 10663 12/10/2024 Item # 16.D.11 ID# 2024-2010 PREPARED BY: Julie Chardon, Grants Coordinator, Community & Human Services Division ATTACHMENTS: 1. CD22-03-Immokalee CRA-Safety Imp-Design-Fully Executed 2. CRA CD22-03 Second Amendment 3. CRA CD22-03 First Amendment- Executed Page 7372 of 10663 Page 7373 of 10663 Page 7374 of 10663 Page 7375 of 10663 Page 7376 of 10663 Page 7377 of 10663 Page 7378 of 10663 Page 7379 of 10663 Page 7380 of 10663 Page 7381 of 10663 Page 7382 of 10663 Page 7383 of 10663 Page 7384 of 10663 Page 7385 of 10663 Page 7386 of 10663 Page 7387 of 10663 Page 7388 of 10663 Page 7389 of 10663 Page 7390 of 10663 Page 7391 of 10663 Page 7392 of 10663 Page 7393 of 10663 Page 7394 of 10663 Page 7395 of 10663 Page 7396 of 10663 Page 7397 of 10663 Page 7398 of 10663 Page 7399 of 10663 Page 7400 of 10663 Page 7401 of 10663 Page 7402 of 10663 Page 7403 of 10663 Page 7404 of 10663 Page 7405 of 10663 Page 7406 of 10663 Page 7407 of 10663 Page 7408 of 10663 Page 7409 of 10663 Page 7410 of 10663 Page 7411 of 10663 Page 7412 of 10663 Page 7413 of 10663 Page 7414 of 10663 Page 7415 of 10663 Page 7416 of 10663 Page 7417 of 10663 Page 7418 of 10663 Page 7419 of 10663 Page 7420 of 10663 Page 7421 of 10663 Page 7422 of 10663 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #2 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 $189,000.00 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- 12/26/2024 1/06/2025 Fiscal Year End 9/30 Monitor End: 12/2029 5/1/2025 SECOND 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 7423 of 10663 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #2 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, on October 22, 2024, Agenda Items 16.D.10, the Board of County Commissioners (Board) approved the First Amendment between Collier County and the Collier County Community Redevelopment Agency (Immokalee) CDBG project – (CD22-03) First Street Corridor Pedestrian Safety Improvement Design. WHEREAS, the parties wish to amend the agreement to incorporate Phase I language, add additional time to the period of performance, and reduce the Federal Funding amount to support the reduction in activities. 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. Words Struck Through are deleted; Words Underlined are added. * * * PART I SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: First Street Corridor Pedestrian Safety Improvement Design Description of project and outcome: CHS, as an administrator of the CDBG program, will make Page 7424 of 10663 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #2 CD22–03 First Street Corridor Pedestrian Safety Improvement-Design Page 3 available FY 2022-2023 CDBG funds up to the gross amount of $250,000.00 $189,000.00 to Collier County Redevelopment Agency (Immokalee) to fund the design portion of the Phase I First Street Pedestrian Safety Improvements project in Immokalee, FL. Project Component One: Complete the design portion of the Phase I First Street Pedestrian Safety Improvements project, including all project-associated costs and fees. Phase I addresses the southern segment without right-of-way encroachments. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Complete the design portion of the Phase I First Street Pedestrian Safety Improvements project, including all project-associated costs and fees. Phase I addresses the southern segment without right-of-way encroachments. $250,000.00 $189,000.00 Total Federal Funds: $250,000.00$189,000.00 SUBRECIPIENT will accomplish the following checked project tasks: Pay all closing costs related to property conveyance Maintain beneficiary income certification documentation, and provide to the COUNTY as requested Maintain and provide National Objective Documentation Provide Quarterly Reports on National Objective and project progress Provide Leverage Funds Report Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings, prior to SUBBRECIPIENT issuing Notice to Proceed (NTP) to contractor Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation Identify Lead Project Manager Provide Site Design and Specifications Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work Comply with Davis-Bacon Labor Standards Comply with Section 3 and maintain documentation Provide weekly certified payroll throughout construction and rehabilitation Comply with Uniform Relocation Act (URA), if necessary Ensure applicable numbers of units are Section 504/ADA accessible Ensure the applicable continued use period for the project is met Page 7425 of 10663 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #2 CD22–03 First Street Corridor Pedestrian Safety Improvement-Design Page 4 D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Complete the design portion of the Phase I First Street Pedestrian Safety Improvements project, including all project-associated costs and fees. Phase I addresses the southern segment without right- of-way encroachments. Submission of supporting documents must be provided as backup, as evidenced by canceled check, invoice, bank statements, and any other additional documentation as requested. SUBRECIPIENT shall complete the project to benefit the community no later than April 2029 or within 5 years of final payment whichever is sooner. Should the SUBRECIPIENT fail to complete and achieve the National Objective the entire award amount shall be repaid from nonfederal sources. Submission of monthly payment requests within 30 days of the prior month. SUBRECIPIENT'S failure to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2022 and shall end on December 26, 2024 January 6, 2025. 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. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available TWO HUNDRED AND FIFTY THOUSAND DOLLARS AND ZERO CENTS ($250,000.00) ONE HUNDRED AND EIGHTY-NINE THOUSAND AND ZERO CENTS ($189,000.00) for use by SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the Funds). * * * 1. Exhibit B is hereby amended as set forth in Exhibit B attached hereto and incorporated herein. 2. Exhibit C is hereby amended as set forth in Exhibit C attached hereto and incorporated herein. 3. Except as set forth herein, the Agreement remains in full force and effect. Signature Page to Follow Page 7426 of 10663 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #2 CD22–03 First Street Corridor Pedestrian Safety Improvement-Design Page 5 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 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] ATTEST: CRYSTAL K. KINZEL, CLERK ______________________________ , Deputy Clerk Page 7427 of 10663 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #2 CD22–03 First Street Corridor Pedestrian Safety Improvement-Design Page 6 EXHIBIT B 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 December 26, 2024 January 6, 2025. 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 7428 of 10663 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #2 CD22–03 First Street Corridor Pedestrian Safety Improvement-Design Page 7 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY’s discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: Collier County Community Redevelopment Agency (Immokalee) Date: Project Title: First Street Corridor Pedestrian Safety Improvement Design IDIS #: XXX 667 Program Contact: Christie Bentancourt Telephone Number: 239-285-7647 Activity Reporting Period Report Due Date October 1st – December 31st January 10th January 1st – March 31st April 10th April 1st – June 30th July 10th July 1st – September 30th October 10th REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/22 3/31/23 6/30/23 9/30/XX Final XX/XX/XX Please note: The HUD Program year begins October 1, 2022 – September 30, 2024. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 2022. 1. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1, 2022. a. Outcome Goals: list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: Complete the Phase I design portion of the First Street Pedestrian Safety Improvements project including all Phase I project associated costs and fees. Outcome 2: Document achievement of the LMA National Objective. Outcome 3: Procurement/Bid Package completed and submitted for review. b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes No If No, Explain: 3. Since October 1, 2022; of the persons assisted, how many… Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. …now have new access (continuing) to this service or benefit? 0 b. …now have improved access to this service or benefit? 0 c. …now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ Page 7429 of 10663 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #2 CD22–03 First Street Corridor Pedestrian Safety Improvement-Design Page 8 $ Total Entitlement Funds $ 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults served (LMC) 0 Total No. persons served under 18 (LMC) 0 Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. a. Total No. Persons/Adults served (LMC) 0 Total No. Persons served under 18 (LMC) 0 YTD Total: 0 YTD Total 0 b. Total No. Households served (LMH) 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: (LMC) Quarter PRESUMED BENEFICIARY DATA ONLY (LMC) YTD Indicate the total number of UNDUPLICATED persons served this quarter who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): a Presumed Benefit Activities Only (LMC) QTR b Presumed Benefit Activities Only (LMC) YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled Adults LI 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Page 7430 of 10663 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #2 CD22–03 First Street Corridor Pedestrian Safety Improvement-Design Page 9 Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total in question #6): Indicate the total number of UNDUPLICATED persons served since October 1 (YTD) who fall into each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income (0-30%) 0 LI Low Income (31- 50%) 0 LI Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-80%) 0 NON-L/M Above Moderate Income (>80%) 0 NON-L/M Above Moderate Income (>80%) 0 Quarter Total 0 YTD Total 0 9. Is this project in a Low/Mod Area (LMA)? YES NO Was project completed this quarter? YES NO If yes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc.) 10. Racial & Ethnic Data (if applicable) Please indicate how many UNDUPLICATED clients served this Quarter fall into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic. (Total Race column should equal the total in question 6.) Please indicate how many UNDUPLICATED clients served since October (YTD) fall into each race category. In addition to each race category please indicate how many persons in each race category consider themselves Hispanic. (Total Race column should equal the total in question 6.) a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 Black/African American & White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & Black/African American 0 0 American Indian/Alaska Native & Black/African American 0 0 Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 I hereby certify the above information is true and accurate. Name: Signature: Title: Page 7431 of 10663 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #2 CD22–03 First Street Corridor Pedestrian Safety Improvement-Design Page 10 Your typed name here represents your electronic signature Page 7432 of 10663 Page 7433 of 10663 Page 7434 of 10663 Page 7435 of 10663 Page 7436 of 10663 Page 7437 of 10663