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Agenda 02/11/2025 Item #16L 2 (1st Amendmnet to Agreement #CD24-02 w/Immokalee CRA, HUD, CDBG)2/11/2025 Item # 16.L.2 ID# 2025-328 Executive Summary Recommendation that the Board, acting as the Community Redevelopment Agency (CRA) approve a First Amendment to Agreement CD24-02 to incorporate Phase I language, reduce time to the period of performance, and reduce the Federal Funding amount to support the reduction in activities for said Agreement between Collier County and Collier County Community Redevelopment Agency (Immokalee) for FY 2024/2025 Housing and Urban Development (HUD) Community Development Block Grant (CDBG), authorize the Chairman of the CRA to sign the First Amendment, and authorize the necessary Budget Amendments. OBJECTIVE: To improve accessibility and pedestrian and motorist safety within the Immokalee Community Redevelopment Area (CRA). CONSIDERATIONS: This item requests that the BCC acting as the CRA approve the First Amendment for CD24-02 to fund the construction of Phase I. The Period of Performance for the finalization of Phase I has been reduced from April 30, 2026, to October 31, 2025. The Funding for the construction of Phase I has been reduced from $1,001,371 to $401,371. Subsequently, a new agreement CD24-03 will be processed to finalize the design of Phase II which includes land acquisition and complete the construction of Phase II. On June 28, 2022, Community and Human Services (CHS) processed grant agreement CD22-03 between the CRA and the BCC for CDBG funds. The agreement was approved by the 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. The BCC approved an after-the-fact electronic grant application submittal to CHS’s FY2024/2025 HUD CDBG program seeking funding in the amount of $1,200,000 for the construction of the First Street Pedestrian Safety Improvement Project on February 27, 2024. CHS provided notification of the recommendation for funding in the amount of $1,001,371 in CDBG funds for the project on April 8, 2024. On July 23, 2024, the BCC approved the Collier County Consolidated Action Plan for Federal Fiscal Year 2024 -2025 for the CDBG Program with Resolution 2024 -138. The CRA accepted the funds and approved Subrecipient Agreement CD24-02 on September 10, 2024. To manage ROW conflicts, the project is being divided into two phases: Phase I addresses the southern segment without ROW encroachments, and Phase II will address remaining areas requiring acquisitions. To accommodate the phasing of the project, a First Amendment for a 60-day extension to CD22-03 was approved October 22, 2024, by the BCC as presented by CHS. On November 12, 2024, the Board acting as the CRA also extended the grant deadline to December 26, 2024, for Phase I. On December 10, 2024, the CRA approved the Second Amendment for CD22-03 for the completion of the design portion of Phase I, extended the period of performance deadline to January 6, 2025, and reduced the Federal Funding amount to support the reduction of activities specific to Phase I from $250,000 to $189,000 with respect to the design only of Phase I. FISCAL IMPACT: Funding for this Amendment will complete the construction of Phase I. The award amount has been reduced from $1,001,371 to $401,371. An administrative budget amendment is required within the Immokalee CRA Grant Fund (1027) to reduce Project 33831 by the amount of $600,000. Page 3634 of 3773 2/11/2025 Item # 16.L.2 ID# 2025-328 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 of the CRA Board for action. (HFAC) RECOMMENDATIONS: That the Board, acting as the Community Redevelopment Agency (CRA) approve a First Amendment to Agreement CD24-02 to incorporate Phase I language, reduce time to the period of performance, and reduce the Federal Funding amount to support the reduction in activities for said Agreement between Collier County and Collier County Community Redevelopment Agency (Immokalee) for FY 2024/2025 Housing and Urban Development (HUD) Community Development Block Grant (CDBG), authorize the Chairman of the CRA to sign the First Amendment, and authorize the necessary Budget Amendments. PREPARED BY: Christie Betancourt, CRA Assistant Director ATTACHMENTS: 1. CD24-02 First Amendment 11-18-24 initialed 2. Deductive BA CD24_02 Page 3635 of 3773 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #1 CD24-02 First Street Corridor Pedestrian Safety – Construction FAIN # B-24-UC-12-0016 B-23-UC-12-0016 B-22-UC-12-0016 B-21-UC-12-0016 Federal Award Date 10/2024 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $1,001,371.00$401,371.00 Subrecipient Name Collier County Community Redevelopment Agency (Immokalee) UEI# JWKJKYRPLLU6 FEIN 59-6000558 R&D NA Indirect Cost Rate NA Period of Performance 10/1/2024-4/30/2026 10/31/2025 Fiscal Year End 9/30 Monitor End: 12/2031 10/2030 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND Collier County Community Redevelopment Agency (Immokalee) CDBG Grant Program – Construction 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, Suite 213, Naples FL 34112, and Collier County Community Redevelopment Agency (Immokalee) (“SUBRECIPIENT”), a Community Redevelopment 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 to execute and implement 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 Page 3636 of 3773 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #1 CD24-02 First Street Corridor Pedestrian Safety – Construction WHEREAS, the Board of County Commissioners of Collier County (“Board”) approved the Collier County Consolidated Plan – One-year Action Plan for Federal Fiscal Year 2024-2025 for the CDBG Program with Resolution 2024-138 on July 23, 2024– Agenda Item 16.D.4 ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2024-2025 Annual Action Plan, on June 17, 2024, with a 30-day Citizen Comment period from July 3, 2024 to August 3, 2024; 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 – (CD24-02) First Street Corridor Pedestrian Safety - Construction. WHEREAS, on September 10, 2024, Agenda Item 16.D.3, the COUNTY entered into an Agreement (the “Agreement”) with SUBRECIPIENT which set forth the responsibilities and obligations of each in undertaking the CDBG project – (CD24-02) First Street Corridor Pedestrian Safety - Construction and WHEREAS, the parties wish to amend the agreement to incorporate Phase I language, reduce time 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. 1. Sections 1.2, 1.3, 1.4, and 1.8 are hereby amended 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 - Construction Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY 2021-2022, FY 2022-2023, FY 2023-2024 and FY 2024-2025 CDBG funds up to the gross amount of $1,001,371.00$401,371.00 to Collier County Redevelopment Agency Page 3637 of 3773 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #1 CD24-02 First Street Corridor Pedestrian Safety – Construction (Immokalee) to fund Phase I construction of the First Street Corridor Pedestrian Safety Construction project, to include lighting and crosswalk signals, in Immokalee, FL. Phase 1 addresses the southern segment without right-of-way encroachments. Project Component One: Complete First Street Corridor Pedestrian Safety Phase I Construction project including all labor, design, construction, permitting, materials, freight charges, and all other costs and fees. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Complete First Street Corridor Pedestrian Safety Phase I Construction project including all labor, design, construction, permitting, materials, freight charges, and all other costs and fees. $1,001,371.00$401,371.00 Total Federal Funds: $1,001,371.00$401,371.00 D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Project Component 1: Complete the First Street Corridor Pedestrian Safety Phase I Construction project including all labor, design, construction, permitting, materials, freight charges, and all other costs and fees. Supporting documents must be provided as backup, as evidenced by SAP supporting documentation, proof of payment to contractors, AIA, Schedule of Values, and any other documentation as needed. 10% retainage will be withheld with each request for payment and will be released upon completion of activities and final closeout monitoring. Payment requests due within 30 days of the prior month end. Final 10 percent retainage will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. 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, 2024 and shall end on April 30, 2026 October 31, 2025, unless terminated earlier in accordance with provisions of Paragraph 3.8, Defaults, Remedies, and Termination. Any Funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. Page 3638 of 3773 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #1 CD24-02 First Street Corridor Pedestrian Safety – Construction 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, following receipt of SUBRECIPIENT’s written request submitted at least 30 days prior to agreement period of performance end date. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE MILLION ONE THOUSAND THREE HUNDRED SEVENTY-ONE DOLLARS AND ZERO CENTS ($1,001,371.00) FOUR HUNDRED AND ONE THOUSAND THREE HUNDRED AND SEVENTY-ONE DOLLARS AND ZERO CENTS ($401,371.00). for use by SUBRECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the “Funds”). Modification to the Budget and Scope may only be made if approved in advance. Budgeted Fund shifts among line items may be approved administratively by CHS for up to 10 percent (10%) of the total funding agreement and shall not signify a change in scope. Fund shifts that exceed 10 percent (10%) shall require formal amendment and approval by the Board of County Commissioners (Board). 1.8 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. Either party may change the address to which notices are to be sent to it by giving written notice of such change to the other party in the manner herein provided for giving notice. Any notice, request, instruction, or other document 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. COLLIER COUNTY ATTENTION: Zuleyka Garay Melissa Juarez Grant Coordinator I Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email:Zuleyka.Garay@colliercountyfl.gov Melissa.Juarez@colliercountyfl.gov Telephone: (239) 252-2590 SUBRECIPIENT ATTENTION: John Dunnuck, III, Executive Director Collier County Community Redevelopment Agency 750 South 5th Street, Suite C Immokalee, Florida 34142 Email: John.Dunnuck@colliercountyfl.gov Telephone: (239) 252-8846 Page 3639 of 3773 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #1 CD24-02 First Street Corridor Pedestrian Safety – Construction ATTENTION: Christie Betancourt, Program 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 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. Remainder of Page Intentionally Left Blank (Signature Page to Follow) * * * Page 3640 of 3773 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #1 CD24-02 First Street Corridor Pedestrian Safety – Construction 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 COLLIER COUNTY, FLORIDA By: ___________________________________ CHRIS HALL, CHAIRPERSON Date: _____________________________ AS TO SUBRECIPIENT: COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) By: ____________________________________ CRA Board Chair Date: ________________________________ [Please provide evidence of signing authority] ATTEST: CRYSTAL K. KINZEL, CLERK ______________________________ , Deputy Clerk Approved as to form and legality: ____________________________________ Heidi Ashton-Cicko Managing County Attorney Date: ________________________________ Page 3641 of 3773 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #1 CD24-02 First Street Corridor Pedestrian Safety – Construction 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-Construction IDIS #: Program Contact: Telephone Number: 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): 12/31/20XX 3/31/20XX 6/30/20XX 9/30/20XX Final __/__/20__ Please note: The HUD Program year begins October 1, 20XX – September 30, 20XX. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 20XX. 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, 20XX. a. Outcome Goals: list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: Procurement/Bid Package completed and submitted for review and approval prior to publication. Outcome 2: Complete Phase I construction of the First Street Corridor Pedestrian Safety project. Outcome 3: Document Achievement of the LMA National Objective. 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, 20XX; 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 3642 of 3773 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #1 CD24-02 First Street Corridor Pedestrian Safety – Construction $ 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. Page 3643 of 3773 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #1 CD24-02 First Street Corridor Pedestrian Safety – Construction Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range 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: Page 3644 of 3773 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) AMENDMENT #1 CD24-02 First Street Corridor Pedestrian Safety – Construction Signature: Title: Your typed name here represents your electronic signature Page 3645 of 3773