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Backup Documents 05/13/2025 Item #16D 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 5.13.2025 BCC MTG THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Adrienne Meijer Community and Human AM 5/05/2025 Services 2. County Attorney Office—Jeffrey A. County Attorney Office Klatzkow An 5//3 3. BCC Office Board of County Commissioners Bs SO 4. Minutes and Records Clerk of Court's Office sp/d)6 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing info ion. Name of Primary Staff Adrienne Meijer Phone Number 239-252-5229 Contact/ Department Agenda Date Item was _ Agenda Item Number 16.D.q Approved by the BCC / 3 vkC- Type of Document 3 SETS OF CD24-01 IWSD AMENDMENT#1 Number of Original 3 SETS OF Attached Documents Attached DOCUMENTS PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK AM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's YES signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during ) N/A is not the meeting have been incorporated in the attached document. The County y"k/h/7 an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the / N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the IA an option for Chairman's signature. this line. 16D9 FAIN # 1 B-24-UC-12-0016 B-23-UC-12-0016 B-22-UC-12-0016 B-21-UC-12-0016 Federal Award Date 1 10/2024 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# iJ 14.218 Total Amount of Federal S1263,008.00 Funds Awarded S2.066,506.01 Subrecipient Name lmmokalee Water& Sewer District UEI# H6HYXK2WFLP8 FEIN 85-8012557235C-5 R&D NA Indirect Cost Rate NA Period of Performance 10/1/2024— 12/30/2026 Fiscal Year End 9/30 Monitor End: 12/2031 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND Immokalee Water and Sewer District CDBG Grant Program—Construction THIS AGREEMENT is made and entered into this 13fk day of sky 2025, 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 Immokalee Water and Sewer District ("SUBRECIPIENT"), an Independent Special District having its principal office at 1020 Sanitation Road, Immokalee, FL 34142. 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 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 IMMOKALEE WATER AND SEWER DISTRICT AMENDMENT#t C D24-01 IWSD Clay Sewer Pipe Project Page 1 16D9 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 — (CD24-01) Immokalee Water and Sewer District (IWSD) Clay Sewer Pipe Project. 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—(CD24-0I) IWSD Clay Sewer Pipe Project: and WHEREAS, the Board of County Commissioners of Collier County (Board) approved the Substantial Amendment to the Collier County Consolidated Plan—One-year Action Plan for Federal Fiscal Year 2022-2023 and 2024-2025 for the CDBG Program with Resolution 2025-XX on, May 13, 2025 — Agenda Item 16.D.X; and WHEREAS,the parties wish to amend the agreement, incorporated herein by reference to: increase the project budget to cover the rising costs of construction and installation, remove Executive Order 11246 and DEI programs from County funded grant programs per new federal executive orders under Section 1.1 (B), add two requirements under Section 1.1(B), add a Program Deliverable under Sections 1.2 (A)and 1.2 (C), add language regarding frequency of pay requests submitted Section 1.2(D), update the County Grants Coordinator contact Section 1.8, update public records contact Section 2.2 and 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 1.1, 1.2, 1.4 1.8 and 2.2 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: 1MMOKALEE WATER AND SEWER DISTRICT AMENDMENT#I CD24-0 I IWSD Clay Sewer Pipe Project Page 2 16D9 Project Name: I WSD Clay Sewer Pipe Project 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$1,263,008.00 2,066,506.01 to Immokalee Water and Sewer District to fund the upgrade of the clay sewer gravity pipe cured in place (CIPP) methodology in the Farm Worker Village development in Immokalee Project Component One: Upgrade clay sewer gravity pipe in the Farm Worker Village development, Sections A and B, by using cured in place (CIPP) methodology, including labor, design, construction, permitting, materials, freight charges, mobilization, cleaning, testing, maintenance of traffic (MOT) (if applicable), cleanout installation (if applicable), repairs, and all other costs and fees. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval, a detailed project schedule for the completion of the project. B. SUBRECIPIENT must submit the following resolutions and policies to CHS within sixty (60) days of execution of this Agreement: ❑ Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy • Conflict of Interest Policy(COI) and related COI Forms • Procurement Policy ❑ Uniform Relocation Act(URA) Policy • Sexual Harassment Policy • Section 3 Policy • Section 504/ADA Policy • Fraud, Waste, and Abuse Policy • Language Assistance and Planning Policy(LAP) • Limited English Proficiency Policy (LEP) • Violence Against Women Act(VAWA) Policy • LGBTQ Policy Never Contract with the Enemy Certification Whistleblower Protections Certification 1.2 PROJECT DETAILS IMMOKALEE WATER AND SEWER DISTRICT AMENDMENT#1 C D24-0 I IWSD Clay Sewer Pipe Project Page 3 0 16D9 A. Project Description/Project Budget Description Federal Amount Project Component One-I-: Upgrade clay sewer gravity pipe in the Farm Worker $1,263,008.00 Village development, Sections A and B,by using cured in place(CIPP)methodology, $2,066,506.01 including labor, design. construction, permitting, materials, freight charges. mobilization,cleaning,testing, maintenance of traffic(MOT)(if applicable),cleanout installation (if applicable). repairs. and all other costs and fees. I Total Federal Funds: $1.263.008.00 $2.066,506.01 SUBRECIPIENT will accomplish the following checked project tasks: Pay all closing costs related to property conveyance ❑ Maintain beneficiary income certification documentation, using Exhibit D, as amended or County-approved presumed benefit documentation and provide to the COUNTY, as requested • Maintain National Objective Documentation, and provide to COUNTY, as requested • Provide Quarterly Reports on National Objective and project progress • Provide Leverage Funds Report ❑ Provide Quarterly Fair Housing Calls 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 Act Labor Standards and maintain supporting documentation ▪ Comply with Section 3 reporting requirements and maintain supporting documentation • Provide weekly certified payroll throughout construction and rehabilitation • Comply with Uniform Relocation Act (URA) ❑ Ensure applicable number of units are Section 504/ADA accessible • Provide a BABA Construction Checklist, Bidders Build America, Buv America Certification and other supporting documentation • Ensure the applicable continued use period for the project is met IMMOKALEE WATER AND SEWER DISTRICT AMENDMENT 41 CD24-01 IWSD Clay Sewer Pipe Project Page 4 L��I 16D9 C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Insurance Exhibit A- Insurance Certificate Within 30 days of Agreement execution and Annually within thirty(30)days of renewal Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) Agreement Agreement execution Detailed Project Schedule Project Schedule Within sixty(60)days of Agreement execution Project Plans and Specifications Site Plans and Specifications Prior to procurement Draft Procurement Documents Independent Cost Estimate Within 90 days of Agreement (Bid Packet)* (ICE), Method of Procurement execution (MOP), Bid Advertisement, and Solicitation Packet Subcontractor Log Subcontractor Log Initially at construction start, and quarterly thereafter Quarterly Progress Report Exhibit C Quarterly reports. Annually after closeout. Section 3 Report Certification Forms and Submitted through LCP Tracker Supporting documentation along with Quarterly Report for period ending 9/30 Fair Housing Calls Report Fair Housing Call Log Not Applicable Complaint Logs EEO and Incident Log Quarterly; within 10 days following the end of the quarter. Leverage Funds Report Exhibit C-1 Upon submission of the final pay request in Neighborly. Davis-Bacon Act Certified Weekly Certified Payroll reports Weekly submission through Payroll or non-performing workweek LCP TRACKER no later than 7 forms,jobsite sign-in sheet days after pay date. Annual Audit Monitoring Exhibit E Annually, within 60 days after Report FY end Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9)months after Supporting Documentation FY end for Single Audit OR one hundred eighty(180)days after FY end Continued Use Certification Continued Use Affidavit, if Annually, for five(5)years after applicable meeting the National Objective Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after construction completion. Annually throughout the continued use period Build America, Buy America BABA Documentation Throughout construction Program Income Reuse Plan Not Applicable Not Applicable * SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must IMMOKALEE WATER AND SEWER DISTRICT AMENDMENT#I C D24-0I IWSD Clay Sewer Pipe Project Page 5 �Y�} 16D9 submit to the COUNTY for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease work order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables Payment Deliverable Deliverable Supporting Submission Schedule Documentation Project Component One 4-: Submission of supporting Submission of mehtlq-ly invoices Upgrade clay sewer gravity pipe documents must be provided as due by the le-of h th, in the Farm Worker Village backup, as evidenced by may be more often than once development, Sections A and B, canceled check, bank per month but no less than by using cured in place (CIPP) statements, AIA, schedule of monthly until completion. methodology, including labor, values. following the month , f ervic. design, construction, permitting, materials, freight charges, The COUNTY will Pam 1. pto mobilization, cleaning, testing, 90% of the total urant award or maintenance of traffic(MOT) (if project costs, whichever is Applicable), cleanout lower. The remaining 10%of installation (if applicable), the award or project costs will repairs, and all other costs and be released upon final fees. monitoring clearance and meeting a National Objective. For clarity, the COUNTY will not withhold 10% on each a meat re uest. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available TWO MILLION AND SIXTY-SIX THOUSAND FIVE HUNDRED AND SIX DOLLARS AND ONE CENT. ($2,066.506.01) ONE MILLION TWO HUNDRED SIXTY THREE THOUSAND EIGHT DOLLARS AND ZERO CENTS ($1,263,008.00) for use by SUBRECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the"Funds"). * * * IMMOKALEE WATER AND SEWER DISTRICT AMENDMENT d 1 CD24-01 1WSD Clay Sewer Pipe Project Page 6 16D9 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. ATTENTION: JulieAdrienne Meijer, Grants Coordinator I Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 341 12 Email:3t+1+e.{,'_I 3+tlr,;.f�.,-{�-iefcountytl go-v Adrienne.Meijer(ecol I icrcountvtl.gov Telephone: (239)252- 95229 ATTENTION: Sarah Catala, Executive Director Immokalee Water& Sewer District 1020 Sanitation Road Immokalee, Florida 34142 Email: sarahcatala@immokaleewatersewer.com Telephone: (239) 658-3630 ATTENTION: Misty Smith, Executive Assistant Immokalee Water& Sewer District 1020 Sanitation Road Immokalee, FL 34142 Email: mistysmith@immokaleewatersewer.com Telephone: (239) 658-3630 2.2 RECORDS AND DOCUMENTATION * * * D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, and in a readily accessible, permanent, and secured location for three (3) years after the date of submission by the COUNTY of the final performance and evaluation report (CAPER) to HUD, as prescribed in 2 IMMOKALEE WATER AND SEWER DISTRICT AMENDMENT#! CD24-0I IWSD Clay Sewer Pipe Project Page 7 16D9 CFR 200.334, 24 CFR 570.490 and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records will be kept. as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT'S possession upon termination of the Agreement, and destroy any duplicate, exempt, or confidential public records that are free from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239- 252-2 795837, Angel.Bates(a,colliercountyfl.gov, 3299 Tamiami Trail East, Naples, FL 34112. IMMOKALEE WATER AND SEWER DISTRICT AMENDMENT#I CD24-0I IWSD Clay Sewer Pipe Project Page 8 16D9 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: AS TO COUNTY: CRYSTAL K. K ZEL, CLERK BOARD OF COUNTY COMMISSIONERS , '• COLLIER COUNTY, FLORIDA .Deputy Clerk Attst as Chaur ± t'c By:signture nIy BAg.„?:(71Pre,e440,ak-- . AHAIRPERSON Dated: f ,; /. '� (SEAL) Date: - 511343 WITNESSES: AS TO SUBRECIPIENT: IMMOKALEE WATER AND SEWER DISTRICT # lgnat, -5—e:-.W-e - ,-,..,,-4" TICIALIS:54:7 SARAH CATALA, EXECUTIVE DIRECTOR Witness#1 P Inted Name EACa,l,l e 31-I I LI-Z Date: t5 Witness#1 Ph stcal Address 3 �L. Z07 rf Al Air [Please provide evidence of signing authority] Wi ness#2 Si:nat 're ith,SeM call. iTh Witness#21Printed Name 107.0 S t7n -i a1," 1-kt_t-t Z Witness i 2 hysical Address Approv gality: I Jeffrey A lat w, County Attorney Date: or in- IMMOKALEE WATER AND SEWER DISTRICT AMENDMENT Nl C D24-01 IWSD Clay Sewer Pipe Project Page 9