Agenda 10/08/2013 Item #16B1 10/8/2013 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): (1) extend the dissolution date of the
Immokalee Business Development Center (IBDC) from December 31, 2013 to March 30, 2014 so
that the IBDC may carry out its previous commitment to conduct a USDA grant-funded feasibility
study related to that Center's viability within the Immokalee Community, and (2) accept a
$35,000.00 Rural Business Enterprise Grant(RBEG) from the US Dept. of Agriculture(USDA) and
approve the attached budget amendment.
OBJECTIVE: To extend the dissolution date of the Immokalee Business Development Center (IBDC)
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, the BCC, acting as the CRA, approved the submission
of a RBEG application to the USDA for funding to conduct a study to determine if it is feasible to expand
the Immokalee Business Development Center(Agenda Item 14.B.7).
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.Accordingly,
no further documentation is necessary to submit to the USDA to accept the grant.
Pursuant to prior Board direction on January 22, 2013, Item 1OF, the IBDC is transitioning to a not-for-
profit corporation by the end of this year. In order for the Board to pay the consultant for the feasibility
study it must be completed while the IBDC is operating as a function of the CRA(on or before December
31, 2013). Due to grant administrative processes, completing the subject feasibility study will require a
90-day extension to the previously agreed upon IBDC dissolution date of December 31,2013
FISCAL IMPACT: A budget amendment is required to recognize federal grant proceeds in the amount
of$35,000 from USDA within Immokalee CRA Grant Fund (715)Project 33286.
CONSISTENCY WITH GROWTH MANAGEMENT PLAN: This action will have no impact on the
Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board action. --JAB
RECOMMENDATION: That the Board of County Commissioners (BCC) acting in its capacity as the
Collier County Community Redevelopment Agency (CRA): (1) extend the dissolution date of the
Immokalee Business Development Center (IBDC) from December 31, 2013 to March 30, 2014 so that
the IBDC may carry out its previous commitment to conduct a USDA grant-funded feasibility study
related to that Center's viability within the Immokalee Community, and (2) accept a $35,000.00 Rural
Business Enterprise Grant (RBEG) from the US Dept. of Agriculture (USDA) and approve the attached
budget amendment.
PREPARED BY: Marie Capita, Center Manager-Immokalee Business Development Center
Packet Page-1745-
10/8/2013 16.B.1.
Attachment:
1. Award Letter
2. Budget Amendment
Packet Page-1746-
10/8/2013 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)to (1) extend the
dissolution date of the Immokalee Business Development Center(IBDC)from December 31,
2013 to March 30, 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, and (2) accept a $35,000 Rural Business Enterprise Grant (RBEG) from the US Dept.
of Agriculture (USDA) and approve the attached budget amendment. .
Meeting Date: 10/8/2013
Prepared By
Name: CapitaMarie
Title: VALUE MISSING
9/23/2013 4:10:22 PM
Submitted by
Title:VALUE MISSING
Name: CapitaMarie
9/23/2013 4:10:23 PM
Approved By
Name: KaseeskaMillie
Date: 9/24/2013 12:14:52 PM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 9/25/2013 2:31:52 PM
Name: MuckelBradley
Title: Project Manager,
Date: 9/26/2013 2:29:01 PM
Packet Page-1747-
10/8/2013 16.B.1.
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 9/27/2013 6:30:36 PM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 9/30/2013 8:30:37 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 9/30/2013 8:50:35 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 9/30/2013 10:08:59 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/30/2013 11:38:27 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 10/1/2013 9:42:01 AM
Packet Page-1748-
10/8/2013 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 25th 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 1940-1, 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,
2
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.gov/comptaint_rlling_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 Ariii viiratinn iann Inrienandence Avenue,S.W.,Washington,D.C.20250-9410,by fax(202)
690-7442 or email at program.intake@ua Packet Page-1749-
10/8/2013 16.B.1 .
USDA FORM APPR 'vc::.:
Form RD 1940-1 REQUEST FOR OBLIGATION OF FUNDS OMB No.05/0-Oo:,.t
(Rev.06-10) OMB No.057(1.110,1•.!
INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED( )
Complete Items 1 through 29 and applicable Items 30 through 34.See FMI.
1.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 (t.2,or3 from Item 2)
4.STATE NAME
1320 N 15th Street Florida
6.COUNTY NAME
Immokalee FL 34142 Collier
GENERAL BORROWER/LOAN INFORMATION -
6.RACE/ETHNIC 7.TYPE OF APPLICANT 8.COLLATERAL CODE 9.EMPLOYEE
CLASSIFICATION 1-INDIVIDUAL 6-0RO.OF FARMERS I-REAL ESTATE 4•MACHINERY ONLY RELATIONSHIP CODE
7-NONPROFIT•SECULAR
3•CORPORATION 6•NONPROFIT-FAITH BASED 2E-REAL ESTATE 6-CROPS ONLY
1-EMPLOYEE
1-NMITE 4-HISPANIC 9-ENDOW TRIBE 2-MEMBER GF FAMILY
2-BUCK 5.AIPI 4-PUBLIC BODY 10-PUBLIC COLLEGE/UNIVERSITY AND CHATTEL 7•SECURED BY S•CLOSE RELATIVE
13-NIAN 4 15 FARMERS F- 11-OTHER 13 CHA NOTE TELONLYR 6-RLFAOCT 14•ASSOC.
10.SEX CODE i-aaa.MALEQYN1EO 11.MARITAL STATUS 12.VETERAN CODE 13.CREDIT REPORT
6 I1•MALE . 5.ORGAN FEMALE OWNED I I-MARRIED 3-UNMARRED(INCLUDES I1-YES I I YES
2-FEMALE 6-PUBLIC BODY 2-SEPARATED WOOWEDIDIVORCE� 2•NO 2-NO
14.DIRECT PAYMENT 15.TYPE OF PAYMENT 16.FEE INSPECTION ^
K3 x al` N .n t
P , i k �
1-MONTHLY 3-SEMIANNUALLY 1•YES l r/ -, , 1
t(See FM1) 2•ANNUAIIY 4.OUARTERLY 2-NO 4 w- I'Fk iii t 1, r •
:. le r-g;C $Krr 4i _ri >r '
17.COMMUNITY SIZE 18.trE OF FUNDS CODE
I1-10000 OR LEss (FOR SFR AND
2.00VER 10,000 HPG ONLY) (SPO FMI)
COMPLETE FOR OBLIGATION OF FUNDS 1
19.TYPE OF 20.PURPOSE CODE 21.SOURCE OF FUNDS 22.TYPE OF ACTION
' ASSISTANCE 1-OBLIGATION ONLY
081 I (See FMI) 2.OBLIGATION/CHECK REQUEST
I 21 l 13-CORRECTION OF OBLIGATION
23.TYPE OF SUBMISSION 24.AMOUNT OF LOAN 25.AMOUNT OF GRANT ■ ""`^"
1-INITIAL I
it2 SUBSEQUENT i
$0.00 $35,000.00
26.AMOUNT OF 27.DATE OF 28.INTEREST RATE 29.REPAYMENT TERMS 1
IMMEDIATE ADVANCE APPROVAL
MO DAY YR
-7J// X0/3 0 % 0 I
COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE FAMILY HOUSING LOANS j
30.PROFIT TYPE ay� P CrYy` y1 "1. at��YSFi t�� {!'c M1;••x r
I 2-LIMITED PROFIT 1E y�
1-FULL PROFIT 3-NONPROFIT :tt :Sy 33. ,x.,1"'=#, er .��`Kftsuir Mn ;') ...
COMPLETE FOR EM LOANS ONLY COMPLETE FOR CREDIT SALE-ASSt?tIIP''II)0
31.DISASTER DESIGNATION NUMBER 32.TYPE OF SALE
I (See FAN) I 2-ASSUMPTION ONLY i -
1•CREDIT SALE ONLY 3-CREDIT SALE WITH SUBSEQUENT LOAN 1 I
FINANCE OFFICE USE ONLY COMPLETE FOR FP LOANS ONLY
33.OBLIGATION DATE 34.BEGINNING FARMER/RANCHER
MO DA YR
I (See F611) _.-._._
.
if the decision contained above in this firm results in denial,reduction or cancellation of USDA assistance,you may appeal this decision and lane n hearing or you may request a review in lien of a hcariag.
Pleare use Rte fonn we hate included for this purpose.
Position 2
ORIGINAL-Borrowers Case Folder COPY 1-Finance Office COPY 2-Applicant/Lender COPY 3-State Office
According t o the P a p e r w o r k Reduction Act o f 1995,an a g e n c y n i a y not conduct or s p o n s o r,and a person i s not required to t r i..,r 1 . • - '
information unless tt displays a valid OMB control number. The valid OMB control number for this information collection.:s!): •- .
0570-0°62. The time required to complete this information collection is estimated to average 15 minutes per response,inr In i . • 1
reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and revie-, 0::- i.
information.
Packet Page-1750-
10/8/2013 16.B.1 .
CERTIFICATION APPROVAL
For All Fanners 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 with
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 ' or'mpri ed % ore than five yea ,pr both."
/
/ff /3 (Date , 20 iorili-4.rs5f /iJ %,LM Nf4'rc.-6
(Signature of;P/,"rod)
Date 20 ----- -
(Signature of co-i;;;
37. 1 I-IREBY CERTIFY that all of the committee and administrative determinations and certifications required by
prerequisite to providing assistance of the type indicated above have been made and that evidence thereof is in t I:,
that all requirements of pertinent regulations have been complied with.I hereby approve the above-described assisU:on , . ..
amount set forth above,and by this document,subject to the availability of funds,the Government agrees to acivm,c, .+i,!.
amount to the applicant for the purpose of and subject to the availability p,.scribed by regulati .pplircr;!,;
assistance. O f .44. Z1-1 , ,
/
Approved as to form and legality
(Signature ofApprovu ?(l','•1i,l
\ Typed or Printed Name: JOSEPH X, M'UE�,LER
Assistant Coun Attorney
Acting
Date Approved: 7 / i/f 3 Title: State Direcotor . `�,ltt y e( '`
38. TO THE APPLICANT:As of this date 7 10//3 ,this is notice that yotir akspMatto o ,t;u+n ,
from the USDA has been approved,as Indic ted above subject to the availability of fun •an4nthet'gn<i� ruin:.
PP subject Y � Y 1
the USDA.If you have any questions contact the appropriate USDA Servicing Office. A11!S � s �,„
Packet Page -1751- < i 4,i,-,,)•,'
`,�, >
10/8/2013 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".
initial Date
Approved as to form and legality
ATT£ T`�'` , f..
istant County ttorney i` Imo' ., N+
• • «-
i • f
• , „=
$19►� renfl�J,,.
its '
• 4r!7seeirr..r'
ii
Packet Page-1752-
10/8/2013 16.6.1 .
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 lett:el.
that the grant has been cancelled. A copy of the letter will be sent H.
the applicant's attorney and engineer and to the Regional Attorney, UGC,
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/televistn 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 cih..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 pr.oportV"
means property of any kind except real property. It may be tangible
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 mo ..
than 1 year and an acquisition cost of $300 or more per unit. A grantee
may use its own definition of nonexpendable personal property proviO..c.,:
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 pr.nr
nonexpendable property is acquired by a grantee with project funds,
shall not be taken by the Federal Government but shall be vested in ,v
grantee subject to the following conditions: (Revised 07-16-03, PN 36t .
Packet Page-1753-
10/8/2013 16.B.1.
RD Instruction 1942-G
Attachment 1
Page 8A
(Added 07-17-02, PN 348)
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:n
such third party is otherwise eligible under existing statutes. SuOh
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 pr,) )« 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
Packet Page -1754-
I
10/8/2013 16.B.1 .
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-t-itle.
a. The grantee shall use the property in the project or program
for which it was acquired as long as needed, whether or not Ho
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 Drelopment.
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
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 or
programs sponsored by other Federal agencies. If the pro:
owned by the Federal Government, use for other activities
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 usecl re.
other activities in accordance with the following standards:
a. Personal property with a unit acquisition cost of less Pt1,1r,
$1,000. The grantee may use the property for other activiLic :
without reimbursement to the Federal Government or sell the
property and retain the proceeds.
(08-20-92) SPECIAL PN
•
Packet Page-1755-
10/8/2013 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 compensati.(,:,
shall be computed by applying the percentage of Federal
participation in the cost of the original project or program t.r,
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:dgency.
c. Rural Development shall determine whether the property can 1-�,
used to meet the agency's requirements. If no need exist:.
Rural Development, the General Services Administration's
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 reque ;L,
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 prop-'C%
other than as described. in Section B, paragraphs ITS
3 of this Attachment, the grantee shall be reimbur: c,'
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 1:.i.w'._.
the following procedural requirements:llll
a. Property records shall be maintained accurr;.:
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.
oosk
Packet Page-1756-
10/8/2013 16.B.1.
RD Instruction 1942"-t
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 acquii_ect.
(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 t., .
the results reconciled with the property recorr+..
least once every 2 years. Any differences bel,•r
quantities determined by the physical inspection
those shown in the accounting records shall be
investigated to determine the causes of the difS:crr.-The grantee shall, in connection with the invenlc•�:, ,
verify the existence, current utilization, and
continued need for the property.
(08-20-92) SPECIAL PN
Packet Page-1757-
10/8/2013 16.B.1.
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 Fede.t.li
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 nr-,l !
the property, proper sales procedures shall be
established which would provide for completion to l.h.;:
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 Governit«,nf
for its share. The amount of compensation shall hr,
computed in the same manner as nonexpendable personr„
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 gron,
may be permitted to take title to the Federal interest therein upon compoo:LJ -
the Federal Government for its fair share of the property. The Federal
the property shall be the amount computed by applying the percentage of l •
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) :
Packet Page-1758-
10/8/2013 16.B.1 .
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 ax-c.1
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 acquir<'u
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 usi.nu;
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 financia '
results of each grant. Financial reporting will be on an acclk...; .
basis.
2. Records which identify adequately the source and application
funds for grant-supporting activities. Those records shall coni:dir
information pertaining to grant awards and authorizations,
obligations, unobligated balances, assets, liabilities, outlayr:
income.
3. Effective control over, and accountability for, all funds.
Grantees shall adequately safeguard all such assets and shall ew;11, ,
• that they are used solely for authorized purposes.
4. Accounting records supported by source documentation.
(08-20-92) SPECIAL PN
Packet Page -1759-
10/8/2013 16.B.1 .
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 h,-y('u
the 3-year period if audit findings have not been resolved. Microti.i.w
copies may be substituted in lieu of original records. The grantor and Lhe
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 n•' :c
for and complete any necessary environmental assessments or Envi.ronmenL.li.
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 55 .
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
grantee by grantor contemporaneously with the making of this grant, anor-.
form of the same type need not be executed in connection with this .n
Packet Page-1760-
10/8/2013 16.B.1.
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
Packet Page-1761-
10/8/2013 16.B.1.
RD Instruction 1942-G
Attachment 1
Page 15
(Revision 1)
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 defaui is 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 i.0
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 sbr:..11
not be construed to bar as a contractor under the grant a publicly held
II 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 privilc:•.._ :.
to the materials developed under this grant, such material being the sofa:-
property of the Federal Government. In the event anything developed 1.1 ((:.
this grant is published in whole or in part, the material shall colt
notice and be identified by language to the following effect: "Thc
material is the result of tax-supported research and as such is no(
•
copyrightable. It may be freely reprinted with the customary credits. .
the source."
•
V. That the grantee shall abide by the policies promulgated in 7 CL';; 1:..
3015, 3016, and 3019 which provides standards for use by grantees in
establishing procedures for the procurement of supplies, equipment, iru?
other services with Federal grant funds. (Revised 07-16-03, PN 361
•
W. To the following termination provisions:
(08-20-92) SPECIAL PN
Packet Page -1762-
10/8/2013 16A3.1 .
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
the conditions of the grant. The grantor agency shall promptly lic,•. ; �
the grantee in writing of• the determination and the reasons for
termination, together with the effective date.
2. Terminatiion 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 parti s
shall agree upon the termination conditions, including the effect iv..
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 al.lnpw
full credit to the grantee for the Federal share of the noncancel,lhI
obligations, properly incurred by the grantee 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.)
Packet Page-1763-