Agenda 03/25/2014 Item #16B1 3/25/2014 16.B.1.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (BCC) acting in its capacity as the Collier County
Community Redevelopment Agency(CRA)approve an extension to the previously approved exit strategy document
further extending the dissolution date of the Immokalee Business Development Center(IBDC)from March 31,2014
to July 31,2014 so that the IBDC can carry out its grant funded obligations.
OBJECTIVE: To extend the dissolution date of the Immokalee Business Development Center(IBDC)from March
31,2014 to July 31,2014 so that its previous USDA grant-funded obligation to conduct a feasibility study related to
that Center's viability within the Immokalee Community can be carried out.
CONSIDERATIONS: On November 13, 2012, item 14.B.7, the BCC, acting as the CRA, approved the
submission of a RBEG application to the USDA for funding to conduct a feasibility study to determine if it is
economically feasible to expand the IBDC within the Immokalee community.
On July 10,2013,the CRA was notified that it was awarded the$35,000.00 for the project known as the Immokalee
Business Development Center Feasibility Study, Funded Program #33286-01. The USDA's authorized
representative has signed the CRA's application documents to obligate the funds and no further action is required of
the CRA to accept the grant.
Pursuant to prior Board direction on January 22,2013, item 10F,the IBDC is continuing to work towards its goal of
achieving its status as a Florida not-for-profit corporation. However, in order for the Board to pay a consultant to
conduct the feasibility study it must be completed while the IBDC is operating as a function of the CRA.
On December 10, 2013, item 16.B.2, the CRA approved an amended IBDC Exit Strategy document extending the
dissolution date of the IBDC from December 31,2013 to March 31,2014.Due to administrative issues related to the
procurement process,the professional services solicitation related to the feasibility study will need to be re-released,
requiring an extension of the previously agreed upon IBDC dissolution date of March 31,2014 to July 31,2014.
It was recently decided by the Collier County Department of Housing,Human &Veteran Services (HHVS)that no
further grant funding would be considered to fund the IBDC as of November 15, 2013. Therefore, the CRA Fund
186 will be solely responsible for funding the IBDC Manager position from November 16, 2013 through the new
proposed dissolution date of July 31,2014.
FISCAL IMPACT: CRA Fund 186, budget line item 138324 has sufficient funding to extend the dissolution date
of the IBDC,paying for the IBDC Manager's salary from November 16,2013 through July 31,2014.The total fiscal
impact through July 31,2014 is approximately$53,761 using a total annual compensation rate of$75,554.
CONSISTENCY WITH GROWTH MANAGEMENT PLAN: This action will have no impact on the Collier
County Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality,and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners (BCC) acting in its capacity as the Collier
County Community Redevelopment Agency (CRA) approve an extension to the previously approved exit strategy
document further extending the dissolution date of the Immokalee Business Development Center (IBDC) from
March 31,2014 to July 31,2014 so that the IBDC can carry out its grant funded obligations.
PREPARED BY:Bradley Muckel,Immokalee CRA Executive Director(Interim)
Attachments: 1)USDA Grant Award Letter,July 10,2013,2)Amended Exit Strategy Document
Packet Page-804-
3/25/2014 16.B.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.B.16.B.1.
Item Summary: Recommendation that the Board of County Commissioners (BCC) acting
in its capacity as the Collier County Community Redevelopment Agency(CRA) extend the
dissolution date of the Immokalee Business Development Center(IBDC)from March 30, 2014 to
August 31, 2014 so that the IBDC can carry out its previous obligation to conduct a USDA grant-
funded feasibility study related to that Center"s viability within the Immokalee Community.
Meeting Date: 3/25/2014
Prepared By
Approved By
Name: LehnhardPat
Title: Operations Coordinator, Office of Management&Budget
Date: 3/14/2014 8:03:39 AM
Name: MarkiewiczJoanne
Title:Director-Purchasing/General Services,Purchasing&General Services
Date: 3/14/2014 8:34:38 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/14/2014 9:30:35 AM
Name: MuckelBradley
Title: Project Manager,Immokalee County Redevelopment Agency
Date: 3/17/2014 9:16:35 AM
Name: OchsLeo
Title: County Manager,County Managers Office
Date: 3/17/2014 9:46:02 AM
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3/25/2014 16.B.1.
USDA
United States Department of Agriculture
Rural Development July 10, 2013
Office of the State
Director Penny Phillippi
FloridaNirgin Islands Collier County Community Redevelopment Agency
4440 NW 25e Place Immokalee
Post Office Box 1320 N. 15th Street, Ste 2
147010 Immokalee, FL 34142
Gainesville,FL
32614-7010 Re: Feasibility Study- Immokalee Business Development Center
Tel:(352)338-3402 Rural Business Enterprise Grant $35,000
FAX:(352)338-3405
TDD:(352)338-3499 Dear Ms. Phillippi:
Website:
www.rurdev.usda.gov/ I am pleased to advise that the above referenced grant has been approved and the
fl
appropriate funds have been obligated. As you are aware, this approval is subject
to the terms of the Letter of Conditions dated June 10, 2013.
Enclosed herewith is a copy of Form 1 940-1, Request for Obligation of Funds with
attachments, which is being provided for your file. This form has been signed to
indicate approval and obligation of funds.
We are pleased that Rural Business and Cooperative Service is able to assist
Collier County to determine if the current space in Immokalee is adequate to meet
the needs of the community or if it is feasible to build a new structure with space to
lease, offices, training, support services as well as food production facility to help
food and agricultural businesses.
Sincerely, f,.,
Richard A. Machek
State Director
Enclosure
cc: A06
USDA is an equal opportunity provider and employer.
If you wish to file a Civil Rights program complaint of discrimination,complete the USDA Program Discrimination Complaint Form,found
online at http:Nwww.ascr.usda.govicomplaint_ffling_cust.html,or at any USDA office,or call(866)632-9992 to request the form.You may
also write a letter containing all of the information requested in the form.Send your completed complaint form or letter to us by mail at U.S.
Department of Agriculture,Director,Office of Ariiuurtiratinn 1400 Independence Avenue,S.W.,Washington,D.C.20250.9410,by fax(202)
690-7442 or email at program.intake@us'Packet Page -806-
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3/25/2014 16.B.1.
USDA FORM Ai113}Zi J'v Ci ,
Form RD 1940-1 REQUEST FOR OBLIGATION OF FUNDS OMB No.0;i0•r.)ea.t
(Rev.06-10) OMB No.0670,1)9(2,;.
INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED( )
Complete Items 1 through 29 and applicable Items 30 through 34.See FMI.
t CASE NUMBER LOAN NUMBER FISCAL YEAR
ST CO BORROWER ID -
09-011-596000558 2013
2.BORROWER NAME 3.NUMBER NAME FIELDS
Community Redevelopment Agency 31 (1.2•orJiroal item 2)
4.STATE NAME
1320 N 15th Street Florida
5.COUNTY NAME
Immokalee FL 34142 Collier
GENERAL BORROWER/LOAN INFORMATION
6.RACE/ETHNIC 7.TYPE OF APPLICANT 8.COLLATERAL CODE 9.EMPLOYEE
CLASSIFICATION 1-INDMDUAL 6-ORG.OF FARMERS
I-REAL ESTATE 4-MACHINERY ONLY RELATIONSHIP CODE
2•PARTNERSHIP T-NONPROFIT•SECLAFi SECURED 5-LIVESTOCK ONLY
3-CORPORATION 6-NONPROFIT-FAITH BASED MEAL ESTATE 6-CROPS ONLY 1-EMPLOYEE
1-LACK 4-HISPANIC 4-PUBLIC BODY Y-1Nb1AN TRIBE MD,. CHATTEL 7-SECIAZED BY )2--CLOSE RRELATIVE FAMILY
3- AN 5 AlPI 4 I5 FMMERS� 11-OTHER COLLEGE/UNIVERSITY 1CHATTELLOONLY B-RLF ACT 14•ASSOC.
• 10.SEX CODE 3-FAMILYUMT 11.MARITAL STATUS 12.VETERAN CODE 13.CREDIT REPORT
-ORSAN.MALE ONMED
1-MALE 5.ORSAN FEMALEC"EO 1-MARRIED 3-UNMARRIED(INCLUDES 1--1: 12 1-YES
NO
I2-FEMALE 6-PUBLIC BODY I 2-SEPARATED NIDOINEDAHVORCEO) I
14.DIRECT PAYMENT 15.TYPE OF PAYMENT 16.FEE INSPECTION ' 4r r#• trk E 4 ,
114,0 r
1-MONTHLY 3-SEI-ANNUALLY 1-YES �i + , .c_g� 2
I (See FM1) I2-ANNUALLY 4•QUARTERLY I2-NO YL1 .t i E
:...I
17.COMMUNITY SIZE 18.I)SE OF FUNDS CODE r`
Ii•10 000 OR LESS (FOR SFH AND I (See FMI) 1......._
2-OVER 10000 HPG ONLY)
COMPLETE FOR OBLIGATION OF FUNDS q _
19.TYPE OF 20.PURPOSE CODE 21.SOURCE OF FUNDS 22.TYPE OF ACTION
ASSISTANCE 1 OBLIGATION ONLY
081 I (See FM!) I I 2-OBLIGATIONCHECKREQUEST -
2 1 13-CORRECTION OF OBLIGATION
23.TYPE OF SUBMISSION 24.AMOUNT OF LOAN 25.AMOUNT OF GRANT
I-INITIAL
i I 2SU85EQUFNf $0.00 $35,000.00 _fI
26.AMOUNT OF 27.DATE OF 28.INTEREST RATE 29.REPAYMENT TERMS
IMMEDIATE ADVANCE APPROVAL
MO DAY YR
711120/3 o Tea 0 I
COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE FAMILY HOUSING LOANS
30.PROFIT TYPE 4 OR Si l v d . re 3 ut
PROFIT
1-FULL PROFIT 3-NONPROFIT r I.tF i !c` f r' �{ = aY
_ !
COMPLETE FOR EM LOANS ONLY COMPLETE FOR CREDIT SALE-ASS_UIVIP R')N
31.DISASTER DESIGNATION NUMBER 32.TYPE OF SALE
I 2-ASSUMPTION ONLY
.M-
(Sae FM!) I 1-CREDIT SALE ONLY 3-CREDIT SALE WTH SUBSEQUENT LOAN ;5"!u r.', .•
FINANCE OFFICE USE ONLY COMPLETE FOR FP LOANS ONLY_ __
33.OBLIGATION DATE 34.BEGINNING FARMER/RANCHER
MO DA YR
I (See FMI) _._
•
•
If the decision contoured above in Nis form results in denial,reduction or cancellation of USDA assistance,you may ripped!this decision and late a hearing or tit may request a review in lies of a Leming
Picase use the fonts We hate included for this purpose.
Position 2
ORIGINAL-Borrower's Case Folder COPY 1-Finance Office COPY 2-ApplicantLender COPY 3-State Office
According to the Paperwork Reduction Act of 1995,an agenc may not conduct or sponsor,and a person is not required to l r , ic! • - '
information unless tt displays a valid OMB control number. the valid OMB control number for this information collection 1 r' '-
0370-0062. The time required to complete this information collection is estimated to average 15 minutes per response,incio,,,,,
reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and revie :.,
information.
1
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3/25/2014 16.B.1.
CERTIFICATION APPROVAL
For All Farmers Programs EM,OL,FO,and SW
This loan is approved subject to the availability of funds.If this loan does not close for any reason within 90 days from the
date of approval on this document,the approval official will request updated eligibility information.The undersigned loan
applicant agrees that the approval official will have 14 working days to review any updated information prior to submitting
this document for obligation of funds.If there have been significant changes that may affect eligibility,a decision as to
eligibility and feasibility will be made within 30 days from the time the applicant provides the necessary information.
If this is a loan approval for which a lien and/or title search is necessary,the undersigned applicant agrees that the
15-working-day loan closing requirement may be exceeded for the purposes of the applicant's legal representative
completing title work and completing loan closing.
35. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL
See attached "Exhibit A"
See attached 1942-G, Attachment 1, Section B
36. I HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates
and terms,taking into consideration prevailing private and cooperative rates and terms in or near my community for loans
for similar purposes and periods of time.I agree to use the sum specified herein,subject to and in accordance W,vitir
regulations applicable to the type of assistance indicated above,and request payment of such sum.I agree to report to
USDA any material adverse changes, financial or otherwise,that occur prior to loan closing.I certify that no part of the sum
specified herein has been received.I have reviewed the loan approval requirements and comments associated with this loan
request and agree to comply with these provisions.
(For FP loans at eligible terms only)If this loan is approved,I elect the interest rate to be charged on my loan to be the lower of the
interest rate in effect at the time of loan approval or loan closing.If I check"NO",the interest rate charged on my
loan will be the rate specified in Item 28 of this form. YES NO
WARNING: Whoever,in any matter within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies,conceals or covers up by any trick,scheme,or device a material
fact,or makes any false,fictitious or fraudulent statements or representations,or makes or uses
any false writing or document knowing the same to�co '-any f.Is•,fictitious or fraudulent
statement or entry,shall be fined under this ti$t or m ri
fit ed�, /� ore than five yea ,pr bo h."
Date 20 /3 6(/r!,'f.
o%�l/n,�SS•'/U .rM l t$q JC-
(Signature .1pplir.orti)
Date , 20 -. .
(Signature of 0 ,,,:s:
37 11-LEREBY CERTIFY that all of the committee and administrative determinations and certifications required h
prerequisite to providing assistance of the type indicated above have been made and that evidence thereof"is in i i
that all requirements of pertinent regulations have been complied with. I hereby approve the above-described assisi;uN c.
amount set forth above,and by this document,subject to the availability of funds,the Government agrees to advr ic' ',,,n
amount to the applicant for the purpose of and subject to the availability p scribed by i pplic,:e!�•',: , '
assistance.
Approved as to form and legality
(Signature of 4pproviil?;;//,' vrl;
% Typed or Printed Name: JOSEPH X, UE:.;.,ER
Assistant County Attorney
.Acting ,_ {•;
Date Approved: it it Title: State Direcotor ;.' Ct
r .r
38. TO THE APPLICANT:As of this date 7 l U f i ,this is notice that yotfi app atlot�.o t;ra;i i t
from the USDA has been approved,as indic ted above,subject to the availability of fun :an theai'.gndy,iiu, _r ;
PP � subject
USDA.If you have any questions contact the appropriate USDA Servicing Office. E.ST a ..
,,,,,n
Packet Page-808 ?
efKJ �\3S 1
3/25/2014 16.B.1.
Form RD 1940 :
RBEG Request for Obligation of Funds
Exhibit A
1940-1, Request for Obligation of Funds, Exhibit A
The Grantee understands the requirements for receipt of funds under the Rural Business Enterprise
Grants&Television Demonstration Grant program.The Grantee assures and certifies that it is in
compliance with all applicable laws,regulations, Executive Orders and other generally applicable
requirements, including those_set out in Part 1942,Subpart G,Attachment 1, "General Requirements for
the Administration of Rural Business Enterprise&Television Demonstration Grants, 7 CFR, Part 3015
and Part 3016,including all revisions through the date of the grant approval and the "Letter of
Conditions".
e"--.."---? /_,
" ‘ra((3
Initial Date
{
Approved as to form and legality - i,
'start County Attorney 4 'Oil'''.
=8 a
s 1,i;
.. .k , J ,
IP aids t
i a s = :
r�r
aIir@ Rf`'!),_
`,, a&ti
Packet Page -809-
1
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3/25/2014 16.B.1.
RD Instruction 1942-G
Attachment 1
Page 8
(Revision 2)
M. Grant cancellation. Grants may be cancelled by the grant approval
official by use of Form RD 1940-10, "Cancellation of U.S. Treasury Check
and/or Obligation." The State Director will notify the applicant by letter:
that the grant has been cancelled. A copy of the letter will be sent 1.
the applicant's attorney and engineer and to the Regional Attorney, (JcC, ..r'
the Regional Attorney has been' involved.
N. Grant servicing. Grants will be serviced in accordance with Subpart E
of Part 1951 of this chapter.
O. Subsequent grants. Subsequent grants will be processed in accordance
with the requirements set forth in this subpart.
Section B
III. Responsibilities of the' Grantee
This section contains information regarding the responsibilities of the
grantee for receipt of monies under the RBE/television demonstration grant
program. This section shall become a permanent attachment to Form RD 1940-1 as
outlined in Section A, paragraph II. H. of this Attachment. These requirements d.
not supersede the requirement for receipt of Federal funds as stated in Parts
3015, 3016, and 3019 of the Uniform Federal Assistance Regulations; however,
specific areas related to the RBE/television demonstration grant program are citc_-d
below. (Revised 07-16-03, PN 361.)
Grantee agrees to:
A. Comply with property management standards established by 7 CFR Parts
3015,3016, and 3019 for real and personal property. "Personal propni -v'
means property of any kind except real property. It may be tangi.bl
having physical existence - or intangible - having no physical ex:i.;
such as patents, inventions, and copyrights. "Nonexpendable person
property" means tangible personal property having a useful life of moL,,
than 1 year and an acquisition cost of $300 or more per unit. A gran ,,n
may use its own definition of nonexpendable personal property provOx:,'
such definition would at least include all tangible personal property . ,
defined above. "Expendable personal property" refers to all tangible
personal property other than nonexpendable property. When real pror,-
nonexpendable property is acquired by a grantee with project funds
shall not be taken by the Federal Government but shall be vested in : n,
grantee subject to the following conditions: (Revised 07-16-03, PN 361
Packet Page -810-
3/25/2014 1E3.111 .
RD Instruction 1942-G
Attachment 1
Page 8A
(Added 07-17-02, PN 34B)
1. Right to transfer title. For items of real or nonexpendable
personal property having a unit acquisition cost of $1,000 or more,
the Agency may reserve the right to transfer the title to the Federal..
Government or to a third party named by the Federal Government- wh fl
such third party is otherwise eligible under existing statutes. Such
reservation shall be subject to the following standards:
a. The-.property shall be appropriately identified in the grant
or otherwise made known to the grantee in writing.
b. The Agency shall issue disposition instructions within 120
calendar days after the end of the Federal support of the p.ro_gyr. i.
for which it was acquired. If the Agency fails to issue
disposition instructions within the 120 calendar day period, the
grantee shall apply the standards of Section B, paragraphs III.
A. 2. and 3. of this Attachment.
c. When the Agency exercises its right to take title, the
personal property shall be subject to the provisions for
federally owned nonexpendable property discussed in Section B,
paragraphs III. A. 2. and 3. of this Attachment.
(08-20-92) SPECIAL PN
ii
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3/25/2014 16.B.1.
1I
RD Instruction 1942-G
Attachment 1
Page 9
d. When title is transferred either to the Federal Government or
to a third party and the grantee is instructed to ship the
property elsewhere, the grantee shall be reimbursed by the
benefiting Federal agency with an amount which is computed by
applying the percentage of the grantee participation in the cost
of the original grant project or program to the current fair
market value of the property, plus any reasonable shipping or
interim storage costs incurred.
2. Use of other real or nonexpendable personal property for which the
grantee has-title.
a. The grantee shall use the property in the project or program
for which it was acquired as long as needed, whether or not
project or program continues to be supported by Federal fund:;.
When it is no longer needed for the original project or program,
the grantee shall use the property in connection with its other
federally sponsored activities in the following order of
priority:
i. Activities sponsored by Rural Deelopment.
ii. Activities sponsored by other Federal agencies.
b. Shared use. During the time that nonexpendable personal
property is held for use on the project or program for which it
was acquired, the grantee shall make it available for use on
other projects or programs if such other use will not interfere
with the work on the project or program for which the proper_Cy
was originally acquired. First preference for such other use
shall be given to projects or programs sponsored by Rural
Development; second preference shall be given to projects e:
programs sponsored by other Federal agencies. If the pre
owned by the Federal Government, use for other activitie:
sponsored by the Federal Government shall be permissible
authorized by Rural Development. User charges should be
considered, if appropriate.
3. Disposition of real or nonexpendable personal property. When
grantee no longer needs the property as provided in Section B,
paragraph III A 2 of this Attachment, the property may be used '
other activities in accordance with the following standards:
a. Personal property with a unit acquisition cost of less [11,1p
$1,000. The grantee may use the property for other activi.tic::
without reimbursement to the Federal Government or sell the
property and retain the proceeds.
(08-20-92) SPECIAL PN
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3/25/2014 16.B.1 .
e
RD Instruction 1942-G
Attachment 1
Page 10
b. Real or nonexpendable personal property with a unit
acquisition cost of $1,000 or more. The grantee may retain the
property for other use provided that compensation is made to
Rural Development or its successor. The amounts of compensation
shall be computed by applying the percentage of Federal
participation in the cost of the original project or program to
current fair market value of the property. If the grantee has no
need for the property and the property has further use value, the
grantee=_shall request disposition instructions from the original
grantor.-:agency.
c. Rural Development shall determine whether the property ca.i-ilp
used to meet the agency's requirements. If no need exists
Rural Development, the General Services Administration's I:'ede r:-.;±.
Property Management Regulations (FPMR) will be used by Rural
Development to determine whether a need for the property exists
in other Federal agencies. Rural Development shall issue
instructions to the grantee no later than 120 days after the
grantee request and the following procedures shall govern:
i. If so instructed, or if disposition instructions are not
issued within 120 calendar days after the grantee's request-,
the grantee shall sell the property and reimburse Rural
Development an amount computed by applying to the original
project or program. However, the grantee shall be permitted
to deduct and retain from the Federal share $100 or 10
percent of the proceeds, whichever is greater, for the
grantee's selling and handling expenses.
ii. If the grantee is instructed to dispose of the prope, ;
other than as described. in Section B, paragraphs ITT .'\ .
3 of this Attachment, the grantee shall be reimbur: ',:
Rural Development for such costs incurred in its
disposition.
iii. Property management standards for nonexpendable
personal property. The grantee's property management
standards for nonexpendable personal property shall i�ici ;•'
the following procedural requirements:lll1
a. Property records shall be maintained accur6;.. -
shall include:
i. A description of the property.
ii. Manufacturer's serial number, model number,-
Federal stock number, national stock number, or
other identification number.
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RD Instruction 1942-G
Attachment 1
Page 11
iii. Sources of the property including grant or
other a agreement number.
iv. Whether title vests in the grantee or the
Federal Government.
v. Acquisition date (or date received, if the
property was furnished by the Federal Government)
and cost.
vi. Percentage (at the end of the budget year) of
Federal participation in the cost of the project
or program for which the property was acquiL'ct.
(Not applicable to property furnished by the
Federal Government) .
vii. Location, use, and condition of the property
and the date the information was reported.
•
viii. Unit acquisition cost.
ix. Ultimate disposition data, including date of
disposal and sales price or the method used to
determine current fair market value where a
grantee compensates the Federal agency for its
share.
b. Property owned by the Federal Government must be
marked to indicate Federal ownership.
c. A physical inventory of property shall be
the results reconciled with the property record.
Least once every 2 years. Any differences bete
quantities determined by the physical inspectioe,
those shown•in the accounting records shall be
investigated to determine the causes of the diffef . 1.
The grantee shall, in connection with the invenL. L',.
verify the existence, current utilization, and
continued need for the property.
• I
(08-20-92) SPECIAL PN
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RD Instruction 1942-G •
Attachment 1
Page 12
d. A control system shall be in effect to ensure
adequate safeguards to prevent loss, damage, or theft
of the property. Any loss, damage, or the theft of
nonexpendable property shall be investigated and Fully
documented; if the property was owned by the I?edc= :,;
Government, the grantee shall promptly notify Rural
Development.
e. Adequate maintenance procedures shall be
implemented to keep the property in good condition.
f. Where the grantee is authorized or required to :7c,1 !
the property, proper sales procedures shall be
established which would provide for completion to 1.4:::
extent practicable and result in the highest possible
return.
g. Expendable personal property shall vest in the
grantee upon acquisition. If there is a residual
inventory of such property exceeding $1,000 in total
aggregate fair market value, upon termination or
completion of the grant and if the property is not
needed for any other federally sponsored project or
program, the grantee shall retain the property for use
on nonfederally sponsored activities, or sell it, but
must, in either case, compensate the Federal Governinr.=w
for its share. The amount of compensation shall he
computed in the same manner as nonexpendable person;:
property.
This Attachment covers the following described personal property and any
additional property acquired wholly or in part with grant funds (use
continuation sheets as necessary) :
When real property is no longer needed as provided above, return all real
property, furnished or purchased wholly with Federal grant funds to the
In the case of property purchased in part with Federal grant funds, the gr.:,:i,
may be permitted to take title to the Federal interest therein upon compe:n:. ,! -
the Federal Government for its fair share of the property. The Federal
the property shall be the amount computed by applying the percentage of
Federal participation in the total cost of the grant program for which the
property was acquired to the current fair market value of the property.
This Attachment covers the following described real property purchased/to be
purchased wholly or in part with grant funds (use continuation sheets as
necessary) :
1
1
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•
RD Instruction 1942-G
Attachment- 1.
Page 13
(Revision 1)
B. Cause said program to be completed within the total sums available to
it, including said grant, in accordance with the program plan and any
necessary modifications thereof prepared by grantee and approved by
grantor.
•
C. Permit periodic inspection of the program operations by a
representative of grantor.
D. Make the program available to all persons in grantee's service area
without regard to race, color, national origin, religion, sex, marital
status, age, physical or mental handicap who have also received Rural
Development related assistance from the grantee.
E. Not use grant funds to replace any financial support previously
provided or assured from any other source. The grantee agrees that the
general level of expenditure by the grantee. for the benefit of program arc:.-
and/or program covered by this attachment shall be maintained and not
reduced as a result of the Federal share of funds received under this
grant.
F. No nonexpendable personal property to be owned or used by the borrower-
or its affiliate(s) for use other than the grant purposes will be acquire,
wholly or in part with grant funds.
G. Use of the property including land, land improvement, structures, and
appurtenances thereto, for authorized purposes of the grant as long as
needed. The grantee shall obtain approval of the grantor before us:i.ni;
real property for other purposes when the grantee determines that the
property is no longer needed for the original grant purposes.
H. Provide financial management systems which will include:
1. Accurate, current, and complete disclosure of the financi_a'
results of each grant. Financial reporting will be on an acci:u•u..
basis.
2. Records which identify adequately the source and applicatir:
funds for grant-supporting activities. Those records shall cont.-iio
information pertaining to grant awards and authorizations,
obligations, unobligated balances, assets, liabilities, outlay::
income.
3. Effective control over, and accountability for, all funds.
Grantees shall adequately safeguard all such assets and shall ens'',
that they are used solely for authorized purposes.
4. Accounting records supported by source documentation.
(08-20-92) SPECIAL PN
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RD Instruction 1942-G
Attachment 1
Page 14
(Revision 1)
I. Retain financial records, supporting documents, statistical records,
and all other records pertinent to the grant for a period of at least 3
years after grant closing except that the records shall be retained ho,/ H
the 3-year period if audit findings have not been resolved. Microfil
copies may be substituted in lieu of original records. The grantor and the
Comptroller General of the United States, or any of their duly authorized
representatives, shall have access to any books, documents, papers, and
records of the grantee governments which are pertinent to the specific
grant program for the purpose of making audit, examination, excerpts, and
transcripts.
J. Provide information as requested by the grantor to determine the uP :o
for and complete any necessary environmental assessments or Environmental.
Impact Statements.
K. Grantees expending $300,000 or more of Federal assistance in the
year(s) that Agency grant funds are expended shall submit an audit in
accordance with OMB Circular A-133 as codified in 7 CFR 3052. .Grantees
that expend less than $300,000 a year in Federal award are exempt from
Federal audit requirements for that year except as noted in 7 CFR
3052.215(a) , but records must be available for review or audit by
appropriate officials of the Federal agency, pass-through entity, and
General Accounting Office. (Revised 07-17-02, PN 348.)
L. Provide grantor with such periodic reports as it may require and
periodic inspection of its operations by a designated representative
grantor.
M. Not to encumber, transfer, or dispose of the property or any part
thereof, furnished by the grantor or acquired wholly or in part with
grantor funds without the written consent of the grantor except as
in Section B, paragraph III. A. of this Attachment.
N. Execute Form RD 400-1, Form RD 400-4, and any other agreements
required by grantor to implement the civil rights requirements. If
- such form has been executed by grantee as a result of a loan being m, "<
grantee by grantor contemporaneously with the making of this grant, anr-
form of the same type need not be executed in connection with this
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•
RD Instruction 1942-G
Attachment 1
Page 14A
(Added 07-17-02, PN 348)
•
0. In contracts in excess of $2,000 and in other contracts in excess of
$2,500 which involve the employment of mechanics or laborers, to include a
provision for compliance with Sections 103 and 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by
Department of Labor regulations (29 CFR, Part 5) . Applies only where Davis
Bacon requirements apply.
P. Include in all contracts in excess of $100,000 a provision for
compliance with all applicable standards, orders, or regulations issued
pursuant to the Clear Air Act of 1970. Violations shall be reported to the
grantor and the Regional Office of the Environmental Protection Agency.
•
•
(08-20-92) SPECIAL PN
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RD Instruction 1942-G
Attachment 1
. Page 15
(Revision 1)
II
Q. Upon any default under its representations or agreements set forth in
this instrument, grantee, at the option and the demand of grantor, will, to
the extent legally permissible, repay to grantor forthwith the original
principal amount of the grant stated hereinabove, with interest equal
the rate of interest paid on U.S. 26-week Treasury Bills adjusted quarterly
from the date of the default. The provisions of this Attachment may be
enforced by grantor at its option and without regard to prior waivers by it
of previous defauk!.s of grantee, by judicial proceedings to require
specific performance of the terms of this Attachment or by such other
proceedings in law or equity, in either Federal or State courts as may be
deemed necessary by grantor to ensure compliance with the provisions of
this Attachment and the laws and regulations under which this grant io
made.
R. That no member of Congress shall be admitted to any share or part of
this grant or any benefit that may rise therefrom; but this provision shall
not be construed to bar as a contractor under the grant a publicly held
corporation whose ownership might include a member of Congress.
S. That all nonconfidential information resulting from its activities
shall be made available to the general public on an equal basis.
T. That the purpose and Scope of Work for which this grant is made shall
not duplicate programs for which monies have been received, are committed,
or are applied to from other sources, public or private.
U. That grantee shall relinquish any and all copyrights and/or priviic:+_; :.
to the materials developed under this grant, such material being the sol.e
property of the Federal Government. In the event anything developed ue(t.:
this grant is published in whole or in part, the material shall con •
notice and be identified by language to the following effect: "Th
material is the result of tax-supported research and as such is no
copyrightable. It may be freely reprinted with the customary credit_io,;
the source."
V. That the grantee shall abide by the policies promulgated in 7 CT:'1
3015, 3016, and 3019 which provides standards for use by grantees in
establishing procedures for the procurement of supplies, equipment, sno
other services with Federal grant funds. (Revised 07-16-03, PN 361 ,
•
W. To the following termination provisions:
(08-20-92) SPECIAL PN
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RD Instruction 1942-G
Attachment 1
Page 16
(Revision 1)
1. Termination for cause: The grantor agency may terminate any grant:
in whole, or in part, at any time before the date of completion,
whenever it is determined that the grantee has failed to comply wills
the conditions of the grant. The grantor agency shall promptly io . i ! /
the grantee in writing of the determination and the reasons for
termination, together with the effective date.
2. Termination for convenience: The grantor agency or grantee may
terminate grants in whole, or in part, when both parties agree that
the continuation of the program would not produce beneficial results
commensurate with the further expenditure of funds. The two pax.ii.;•:
shall agree upon the termination conditions, including the effecl.
date, and in the case of partial terminations, the portion to be
terminated. The grantee shall not incur new obligations for the
terminated portion• after the effective date, and shall cancel as many
outstanding obligations as possible. The grantor agency shall allow
full credit to the grantee for the Federal share of the noncancelL,LI . •
obligations, properly incurred by the grante prior to termination.
X. That grantee will remit interest earned on grant funds deposited in an
interest bearing account in accordance with 7 CFR Parts 3015, 3016, and
3019. (Revised 07-16-03, PN 361.)
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Amended Exit Strategy
Immokalee Business Development Center(IBDC)
On March 9, 2010 the Board of County Commissioners (BCC) approved a recommendation for
the creation of the Immokalee Business Development Center (IBDC). The Immokalee CRA
created the IBDC to address the general problem of a weak economic and business climate in
Immokalee, and to address some of the barriers to entry for new business. On January 22, 2013,
the BCC, acting as the Community Redevelopment Agency (CRA) directed that actions be taken
to allow the 1BDC to become an independent not-for-profit entity. This new status will enable
the IBDC to apply for an increased range of grant funding thereby, allowing the agency to
increase its positive impact on the Immokalee business community.
As the IBDC transitions from a County to an independent not-for-profit entity, the CRA
proposes the following exit strategy to insure that it is efficient and economical from an
operational standpoint as well as complies with all legal requirements. Outside legal counsel is
responsible for creating the not-for-profit entity. The County Attorney's Office will assist with
transition documents.
Issue: IBDC Program:
1. Operation of the IBDC will no longer be conducted by CRA. To that end, a Resolution
to dissolve the IBDC on or before March 31, 2014 July 31, 2014 needs to be approved by
the CRA.
2. Continue the operation of the IBDC under the auspice of the CRA during the transition
period. This relationship shall cease as of March 31, 2011 July 31,2014.
3. Presently the CRA leases space from Hodges University in their Immokalee facility in
the amount of $100.00 per month. This rate includes water and sewer, trash removal,
exterior maintenance (to include landscape). Collier County Budgetary Guidelines
stipulates lease rates per square foot per year as $6-$12 for Immokalee office/medical
space. if the CRA Board approves this recommendation, the CRA staff can bring an
amended lease for approval and signature during the next Board meeting extending the
terms of the lease to March 31, 2014. The Lease would be drafted such that it may be
assigned to the not-for-profit entity without further liability to the BCC and CRA.
4. The IBDC is a grant funded program. As such, until it is an independent not-for-profit
entity, applying for grants remains to be the life line of the program. The CRA as an
entity of the County recommends that it be allowed to continue applying for grants to
cover the IBDC's operational costs until such time as the IBDC is a legal entity separate
and apart from the County. The Subrecipient Agreement will be drafted to allow
assignment of the Subrecipient Agreement to the not-for-profit entity under certain
circumstances such as Board approval of a Substantial Amendment to the relevant action
plan and qualification of the not-for profit for the project and grant funding. In the
alternative, new Subrecipient Agreement may also be necessary. This will create a
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seamless transition of the funding stream for the IBDC as it transitions from a Collier
County CRA program to a not-for-profit entity.
Issue: IBDC Staff:
5. As of March 31, 2014 July 31, 2014, the Center Manager, Marie Capita, acting as the
sole IBDC employee, will no longer be considered a County employee. As per the
County's Human Resource Department, since the position is grant funded,. it will be
phased out as being "no longer funded." This will not be considered as a resignation or
termination. Board action is not necessary for employee transition.
Issue: Equipment, furniture, supplies purchased by the IBDC with CDBG funds:
6. The CRA has no current use for the supplies, equipments, and furniture purchased with
the Community Development Block Grant (CDBG) funds for the IBDC program. CRA
recommends that the items listed on the attached list be donated to the IBDC once it is a
legal entity separate and apart from the County. Staff has contacted HHVS, OMB, and
Purchasing Department to ascertain the proper process for requesting supplies,
equipment, and furniture to move with the not-for-profit. This transfer of supplies,
equipments, and furniture will be in accordance with all governing laws and processes.
(i.e. County's Purchasing Policy, Section 274.05, Florida Statutes, and 24 CFR 85).
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