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Backup Documents 01/26/2016 Item #16D 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 LJ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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. 2. 3. County Attorney Office County Attorney Office JAB 1/25/16 4. BCC Office Board of County Commissioners 751 Z` ��.J�7 IIQ.511(4) 5. Minutes and Records Clerk of Court's Office , -'l tk,(1c1(0 Iraq PRIMARY CONTACT INFORMATION t 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 information. Name of Primary Staff Kristi Sonntag,Manager, Community and Contact/ Department Human services/ Agenda Date Item was 1/26/16 / Agenda Item Number 16.D.2 Approved by the BCC ((V Type of Document Program Income Agreement Number of Original One Attached Documents Attached PO number or account n/a 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 JAB 2. Does the document need to be sent to another agency for additiona signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original Original document has been signed/initialed for legal sufficiency. (All documents to be JAB Q�� 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 JAB 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 JAB 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 JAB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAB 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 1/26/16 and all changes made dui' g the JAB "l� ��yg meeting have been incorporated in the attached document. The County Attor i ey's Office has reviewed the changes,if applicable. 9. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 160 2 MEMORANDUM Date: April 4, 2016 To: Kristi Sonntag, Grants Manager Housing, Human & Veteran Services Department From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: CDBG Program Income for Contract Number OODB-6B-09-21-01-E 05 Certified Copy & Letter of Acceptance from DEO Attached for your records is a certified copy of the documents referenced above (Item #16D2) approved by the Board of County Commissioners on January 26, 2016. The originals will be kept by the Minutes and Records Department in the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you 160 2 County Of Collier CLERK OF THE CW.CUkT COURT COLLIER COUNTY C URTHOUSE Q Dwight E. Brock- Clerkpf Circ�{it Court 3315 TAMIAMI TRL E STE 102 P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor • Custodian of County Funds January 29, 2016 Florida Small Cities Community Development Block Grant Program Department of Economic Opportunity Attn: Patrick Howard 107 East Madison Street — MSC 400 Tallahassee, Florida 32399-6508 Re: Program Income Agreement between The Florida Department of Economic Opportunity and Collier County Board of Commissioners Transmitted herewith is one (1) original and two (2) certified copies of the agreement as referenced approved/adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, January 26, 2016, during Regular Session. Please forward the fully executied copies to our office for the Boards Official Records or, e-mail a fully executed copy to martha.vergara(a,collierclerk.com. Very truly yours, DWIGHT E. BROCK, CLERK ')&teMartha Vergara, Deput erk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com 160 2 D E Rick Scott Cissy Proctor GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT•/ ECONOMIC OPPORTUNITY March 31,2016 Ms.Martha Vergara Deputy Clerk of the Circuit Court,Collier County Post Office Box 413044 Naples,Florida 34101-3044 RE: Program Income from Contract Number OODB-6B-09-21-01-E 05 Small Cities Community Development Block Grant(CDBG)Program Dear Ms.Vergara: This letter is in response to your letter dated January 29,2016. Attached please find the executed Program Income Agreement transferring administration of the program income produced by the fair market rents currently being collected at the Small Cities CDBG-funded Immokalee Airport building to the County. We previously determined that this transition is consistent with 24 CFR 570.489(e)(3)(iii) and with the U.S. Department of Housing and Urban Development's (HUD)Notice CPD-04-11 issued on October 27,2004. • This Agreement allows the County's CDBG Entitlement Program to retain any post-February 2014, program income that may have been owed to the Department. As previously discussed with County representatives,the start of the minimum rent collection period of 20 years began in January 2004,when the building was completed and the County started collecting rent. Therefore,the minimum 20-year rent collection period should continue until the end of December 2023. This end date is included in the Agreement. If you have any questions or need additional information,I encourage you to contact the County's CDBG representative at HUD. Sincerely, aylor Teepell,Director Division of Community Development TT/jph Enclosure Florida Department of Economic Opportunity I Caldwell Building I 107 E.Madison Street I Tallahassee,FL 32399 866.FLA.2345 I 850.245.7105 1850.921.3223 Fax www.floridaiobs.org www.twitter.com/FLDEO I www.facebook.com/FLDEO An equal opportunity employer/program.Auxiliary aids and services are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711. 160 Department of Economic Opportunity—Small Cities Community Development Block Grant Program Program Income Agreement 8/4/2014 PROGRAM INCOME AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY r � AND , THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS / This Agreement,Number 15DB-SE-09-21-01-PI1, is made and entered into by and between the State of Florida, Department of Economic Opportunity("the Department"), and the Collier County Board of County Commissioners ("the County"), to address the distribution of Program Income generated as a result of Contract Number OODB-6B-09-21-01-E 05, award dated September 29, 1999, by the former Florida Department of Community Affairs. The Small Cities Community Block Grant program is now administered by the Florida Department of Economic Development. Contract Number OODB-6B-09-21- 01-E 05, was Administratively Closed on June 23,2005,and Final Closed on February 9,2010. WHEREAS, the Department of Community Affairs ("DCA") and the County entered into the Agreement, pursuant to which DCA provided a subgrant of$750,000.00 to the County under the Small Cities Community Development Block Grant(CDBG)Program as set forth in the Agreement; WHEREAS,the County utilized Small Cities CDBG funding to construct a County-owned building located at the Immokalee Airport(originally known as the Global Facility leased to Global Manufacturing Technologies, Inc., as designated in Attachment K of contract number OODB-6B-09-21-01-E 05) that generates rent dollars paid to the County; WHEREAS,the County currently returns rent dollars generated by lease of the Small Cities CDBG assisted County-owned building, as prescribed by Rule 73C-23.0051(10)(b), Florida Administrative Code; WHEREAS, the County currently receives Entitlement CDBG assistance directly from the U.S. Department of Housing and Urban Development(HUD); WHEREAS,the County desires to retain and utilize all income,generated by the lease of the Small Cities CDBG assisted County-owned building, to be utilized to supplement the programs and projects assisted by the County's Community Development Block Grant Entitlement allocation; WHEREAS,Federal regulation 24 CFR 570.489(e)(3)(iii) and HUD Notice CPD-04-11,dated October 27,2004, allows the Department and the County to formulate an agreement to transfer the State- grant-generated Program Income to the County's Entitlement program, the County has set up its Integrated Disbursement and Information System(IDIS)access and agrees to enter the receipt of the Program Income in IDIS and also agrees to track this new Program Income through its Entitlement program, and agrees to use the program income in accordance with the Entitlement program requirements; WHEREAS,the County is aware that this Program Income must now be used in accordance with Entitlement program rules; and Page 1 of 3 . `jf 160 Department of Economic Opportunity—Small Cities Community Development Block Grant Program Program income Agreement 8/4/2014 WHEREAS, the Department and the County desire to implement changes to the disposition of Program Income generated from the Small Cities CDBG assisted project from this point forward, allowing the County to retain such Program Income to be distributed to and utilized by the County's Entitlement CDBG Program. NOW,THEREFORE, in consideration of the mutual promises of the parties contained herein,the parties agree as follows: 1. From the date of execution by both parties, the County shall retain all Program Income, as allowed by 24 CFR 570.489(e)(3)(iii)and administered in accordance with Section 104(j)of the Housing and Community Development Act of 1974, as amended, including any Program Income not previously remitted to the Department, and will submit all necessary reporting of Program Income to HUD. 2. The State-grant-generated Program Income shall be transferred to the County's Entitlement CDBG program. The County will track this new program income under its Entitlement program as required by HUD. 3. The County shall lease the facility,collect rent at a fair market value per Section(7) (H) in Attachment K of contract number OODB-6B-09-21-01-E 05, and convey such rent to the County's Entitlement program. 4. Such collections and remittances shall continue until December 31, 2023, based on twenty years as outlined in Section(6) (E)in Attachment K of contract number OODB-6B-09-21-01-E 05, with the commencement date being the Department's first receipt of Program Income from the County. 5. Prior to December 31, 2023,the County shall negotiate with HUD regarding Section (6) (C) in Attachment K of contract number OODB-6B-09-21-01-E 05, which requires that any lease extension beyond the initial 20 years be at fair market rates. Remainder of this Page Intentionally Left Blank Page 2 of 3 r" 160 Department of Economic Opportunity—Small Cities Community Development Block Grant Program Program Income Agreement 8/4/2014 6. All Program Income must be used in accordance with the HUD's Entitlement program rules, not the rules of the Florida Department of Economic Opportunity. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set forth below. Department of Economic Opportunity Collier County Board of County Commissioners By: By: (-r-•1-0,e, TeepeLL- PrLi) 41 ' Name: I. KiHiagsworth' Name: DONNA FIALA, CHAIRMAN Title: Director Title: Chairman Division of Community Development Board of County Commissioners Date: 3/ 9/4' Date: 1/26/16 Approved as to fonri and legal. sufficiency, Subject only to full execution by the parties. Office of the General Coun BY � h??//f. ' 24 Assistant Genera_ Counsel Date approved: 3 -/8- Approved as to form and legality- . ATTEST` Assistant County tto DWIGHT 13ROCK, Clerk By � cx 0-0 � t, �.. Alli61111a:w / 1a'C(01 5 Attest as to Chairman's Air signature only. Page 3 of 3