Agenda 04/22-23/2008 Item #16G 2
Agenda Item No. 16G2
April 22, 2008
Page 1 of 23
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Board's Chairman to execute an
amendment for a time extension to the Rural Infrastructure Grant Agreement # OT-05-
136 from the Florida Office of Tourism, Trade, and Economic Development for the
Immokalee Regional AirportlFlorida Tradeport Storm Water Management/Retention
Pond Project.
OBJECTNE: To receive approval of an amendment for a time extension to the Rural
Infrastructure Grant Agreement # OT-05-136 from the Florida Office of Tourism, Trade and
Economic Development for the ImmokaJee Regional Airport/Florida Tradeport Storm Water
Management/Retention Pond Project.
CONSIDERATIONS: The original grant agreement with the Florida Office of Tourism, Trade
and Economic Development for the Immokalee Regional Airport/Florida Tradeport Storm Water
ManagementJRetention Pond was approved by the BCC on June 15, 2005.
This amendment to the grant agrecment is required because panther habitat mitigation required
by the United States Army Corps of Engincers' permit for this project took longer than
anticipated, and construction of the Storm Water ManagementJRetention Pond was further
delayed until another funding agency (The United States Department of Agricultural, Rural
Development) completed pre-construction meetings and site visits,
This amendment will extend the term of the grant from December 31, 2007 to July 31, 2008,
FISCAL IMPACT: This amendment is for a time extension only and does not affect the total
project cost or local match funds; and, therefore does not have a fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary,
RECOMMENDATION: To approve and authorize the Board's Chairman to execute an
amendment for a time extension to the Rural Infrastructure Grant Agreement # OT -05-136 from
the Florida Office of Tourism, Trade and Economic Development for the Immokalee Regional
Airport/Florida Tradeport Storm Water Management/Retention Pond Project.
PREPARED BY: Debbie Brueggeman, Collier County Airport Authority
.-
Page 1 of 1
Agenda Item No. 1682
April 22, 2008
Page 2 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16G2
Item Summary:
Recommendation to approve and authorize the Boards Chairman to execute an amendment
for a time extension to the Rural Infrastructure Grant Agreement # aT -05-136 from the
Florida Office of Tourism, Trade, and Economic Development for the Immokalee Regional
Airport/Florida Tradeport Storm Water Management/Retention Pond Project.
4122/200S 9:00:00 AM
Meeting Date:
Approved By
Theresa M. Cook
Executive Director
Dale
County Manager's Office
Airport Authority
4/9/2008 11 :46 AM
Approved By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
4/912008 1 :58 PM
Approved By
Susan Usher
Senior ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
4/14/20082:50 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4114120086:04 PM
file://C:\AgendaTest\Export\ 1 05-April%2022, %202008\ 16,%20CONSENT%20AGENDA\ I.., 4/16/2008
Agenda Item No, 16G2
April 22, 2008
Page 3 of 23
CONTRACT REINSTATEMENT AND FIRST AMENDMENT
TO
GRANT AGREEMENT BElWEEN
THE OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
AND
THE COLLIER COUNTY AIRPORT AUmORITY
ftI&re~ A.bS
This Amendment is entered into this day of~, 2008 between the Office
of Tourism, Trade, and Economic Development (OTTED), Executive Office of the Governor,
Suite 2001, The Capitol, Tallahassee, Florida, 32399-0001 and the Collier County Airport
Authority (GRANTEE), 2005 Mainsail Drive, Suite I, Naples, Florida, A copy of om
Agreement Number OT -05-136 ("Agreement"), originally executed by the parties on June 17,
2005, is attached hereto and incorporated as "Exhibit I" to this Amendment,
WHEREAS, the Parties desire to reinstate the contract Agreement and to conform the
term of this Agreement with a modified project timetable in order to fully implement the project
whose delay was beyond the control of GRANTEE,
WHEREAS, the Parties desire to extend the Agreement and to conform the term of this
Agreement with a modified project timetable in order to fully implement the project whose delay
was beyond the control of GRANTEE,
NOW, TIIEREFORE, in consideration of mutual promises and consideration of the
parties contained herein, and in accordance with Section 3.0 and Section 10.4 of the Agreement,
the parties agree as follows:
1. In accordance with Section 3.0 of the Agreement, the Agreement is extended
by om until July 31, 2008. Any project costs incurred on or after the Effective
Date of the Agreement and on or prior to the termination date of the Agreement are
eligible for payment.
2. In accordance with Section 10.4 of the Agreement, "Exhibit A" is struck and is
replaced by the Amended Project Schedule, which is attached hereto as "Exhibit I-A" and
incorporated by this reference. "Exhibit I-A" may only be amended by prior written approval of
OTTED.
The parties reaffirm all other portions of "Exhibit I" not in conflict with this Amendment:
Performance in accordance with this Amendment will be considered performance of the
Agreement, This Amendment is not intended to increase the maximum amount beyond that
provided for in the Agreement,
Agenda Item No. 16G2
April 22, 2008
Page 4 of 23
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment of the
Agreement to be executed by their undeISigned officials as duly authorized as of the
date first set forth above,
OTIED:
STATE OF FLORIDA EXECUTIVE OFFICE OF
TIlE GOVERNOR OFFICE OF TOURISM,
TRADE, AND ECONOMIC DEVELOPMENT
Keisha Rice, Deputy Director
WITNESS:
GRANlEE:
COLUER COUNTY AIRPORT AUTHORITY
Tom Henning, Chairman
WITNESS:
Cd&rCormty Airport AMlhorlty. Immt:JkakeAjrport Project
Contmc1/l1i1UlDltntfent&FI'stA~
2
Agenda It&kWi~ ~G2
April 22, 2008
Page 5 of 23
STATE OF FLORIDA
EXECUTIVE OFFICE OF TIIE GOVERNOR
OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
BACKGROUND
The Office of Tourism, Trade, and Economic Development is authorized by law to make
grants of funds in accordance with legislative appropriations, The Legislature of the State of
Florida has made a provision for such grants in Section 2gg,0655(2)(b), Florida Statutes,
GRANT AGREEMENT
THIS GRANT AGREEMENT is entered into between the State of Florida, Office of
Tourism, Trade, and Economic Deve lopment (OTTED), and the Collier County Airport
Authority (GRANTEE). OITED and GRANTEE are sometimes hereinafter referred to as a
"Party" and collectively as the "Parties," This Grant Agreement is Grant Number OT05-136 for
the purpose of facilitating the financing of renovations and new construction of an infrastructure
project in rural Collier County to encourage job creation, capital investment, the strengthening
and diversification of GRANTEE's economy by the location of two companies, Skytruck
Company, Inc. and Genapol, Inc., and to leverage the use of funds provided by the Federal
Aviation Administration, the Florida Department of Transportation, and the Collier County
Airport Authority,
In consideration of the mutual covenants and promises contained herein, the Parties agree
as follows:
1.0 PARTIES:
The Parties and their respective addresses for the purposes of this Agreement are:
I.] STATE OF FLORlDA
EXECUTIVE OFFICE OF TIlE GOVERNOR
OFFICE OF TOURlSM, TRADE, AND ECONOMIC DEVELOPMENT
TIlE CAPITOL, SUITE 2001
TALLAHASSEE, FLORlDA 32399-0001
Agenda Item No. 16G2
April 22. 2008
Page 6 of 23
1.2 ' COlLIER COUNTY AIRPORT AurHORITY
2003 MAINSAIL DRIVE
NAPLES, FLORIDA 34104
].3 The grant manager for OlTED is Mary Helen Blakeslee, who may be reached at
telephone number (850) 487-2568, facsimile number (850) 487-30]4, and electronic mail
marvhelenblakeslee@myflorida.com. The grant manger for GRAN1EE is Theresa Cook, who
may be reached at telephone number (239) 642-7878, facsimile number (239) 394-3515, and
electronic mail at theresacooklWcolliergov.net. All approvals referenced in this Agreement must
he obtained in writing from the Parties' grant managers or their designees, Either party may
change its grant manager at any time by written notice to the other pursuant to Section 2.0.
2.0 NOTICES:
All notices between the Parties shall be in writing and shall be by confirmed electronic
mail, facsimile, or certified mail, return receipt requested, and delivered to the address of the
Parties as set forth in Section 1.0 above, unless prior written notice ofcbange of address is given.
3.0 TERM:
The term of this Agreement shall commence upon execution of this Agreement
("Effective Datefl) and continue until June 30, 2007 ("Termfl). This Agreement may be extended
by OTTED upon the same terms and conditions of this Agreement (other than those changes
necessary to accommodate the revised dates, revised funding, and any other revisions required
by law), Only project costs incurred on or after the Effective Date of the Agreement and on or
prior to the termination date of the Agreement are eligible for payment.
4.0 PROJECT DESCRIPTION:
GRANTEES shall perform in accordance with the provisions of Section 288.0655 (2)(b),
Florida Statutes. The GRANTEES shall receive from OTfED no more than 300/0 of the total
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Agenda Item No. 16G2
April 22, 2008
Page 7 of 23
infrastructure project cost. Funds made available by OTTED pursuant to this Grant Agreement
shall be expended solely for the project described in "Exhibit A," and budget, designated as
"Exhibit B," both of which are incorporated herein and made part of this Agreement. "Exhibit
A" contains a written project description and project schedule, and "Exhibit B" contains a project
budget showing the types and amounts of each separate expenditure to be made to complete the
project and omits no material parts of the project. "Exhibit A" and "Exhibit B" may only be
amended by prior written approval ofOTrED.
5.0 GRANTEES REQUIREMENTS:
Project funds made available by OTrED shall not be released until the following have
been satisfied:
5,] , GRANTEES shaJl agree to manage construction of the required infrastructure as
provided by resolution of GRANTEES,
5,2 GRANTEES shall verifY all invoices, statements, or other related documents duly
submitted to GRANTEES for approval by the GRANTEES prior to submission to OITED.
5.3 GRANTEES shall certifY that their adopted local government comprehensive
plans are in compliance with Chapter 163, Part 11, Florida Statutes, and that any amendments to
the adopted plan related to the project have been determined by the Department of Community
Affairs to be in compliance with Chapter 163, Part II, Florida Statutes,
5.4 GRANTEES shall certifY who owns all of the infrastructure to which
improvements funded under this Agreement are being made,
5.5 GRANTEES shall provide OTrED with written notification of either their intent
to:
I
Ca) Award the construction of the project to the lowest and best bidder in
accordance with applicable state and federal statutes, rules, and regulations. GRANTEES shall
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Agenda Item No, 16G2
April 22, 2008
Page 8 of 23
submit a copy of the bid tally sheet(s) and awarded bid contract to OTrED; or
(b) Construct the project utilizing existing GRANTEES employees, if the
GRANTEES can complete the project within the timeframe established by Section 3,0 of this
Agreement
6.0 PAYMENT
6.1 Rural Infrastructure Funds of up to a total of $454, 143.00 will be made available
to GRANTEES for monthly reimbursement.
6.2 OTTED shall not remit funds until the requirements of Section 5,0 have been
satisfied,
6.3 OTTED will remit funds to GRANTEES upon OITED's receipt and approval of
a written invoice from GRANTEES, which shall be accompanied by supporting documentation
such as bills, statements, or other related documents documenting incurred costs duly submitted
to and verified by GRANTEES,
6.4 Funds will be transferred by OTTED to GRANTEES on a monthly basis as
needed by the GRANTEES and as documented by the approved submissions required in the
paragraph set out above, These documents must be received by OTTED no later than fifteen
(15) days from the end of the month for which GRANTEES request reimbursement. The total of
all monthly payments shall not exceed the grant amount.
6.5 OITED will only transfer the amount of funds needed to complete the project as
documented by the approved submitted documentation required. Should the total of all
documented amounts be less than the grant amount, OTTED shall retain all surplus funds,
6,6 OTTED's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature, In the event of a State revenue shortfall, the
total grant may be reduced accordingly, OITED shall be the final determiner of the availability
4
(-
Agenda Item No. 16G2
April 22, 2008
Page 9 of 23
of any funds,
7.0 REPORTS:
7,1 In addition to the documentation submitted pursuant to section 6,0 set out above,
the GRANTEES shall provide OTrED with progress reports beginning with the period ending
September 30, 2005, and continuing quarterly thereafter, until the project is completed, Each
report shaIl contain a narrative description of the work completed according to the project
schedule in "Exhibit A," a description of any change orders executed by the GRANTEES, and a
budget summary detailing planned expenditures found in "Exhibit B," The final written report
shall be submitted within 120 days of completion of the project. A final written accounting shall
also be submitted within 120 days of funds being comp letely expended. The accounting shall
include:
(a) The total funds paid to the GRANTEES by OTrED pursuant to this
Agreement; and
(b) A summary of the total project costs paid from funds made available by
OTrED pursuant to this Agreement detailing planned expenditures versus actual expenditures.
7.2 Two (2) years after the location ofSkytruck Company, Inc" an airplane assembly
and distribution center, and Genapol Inc" a parts warehousing and distribution center,
GRANTEES shall provide OTrED with the actual number of new, pennanent, full-time jobs
created by the Skytruck Company, Inc. and Genapol, Inc. 's location in Collier County.
7.3 If this Agreement is eX1ended or renewed beyond the Tenn, Quarterly Reports on
the program of work and budget described in "Exhibit A" and "Exhibit B" shall be submitted to
OTrED by GRANTEES to cover the extended Agreement period.
7.4 OTrED's Contract Manager, or designee, may with reasonable notice perfonn
on-site reviews to independently validate any infonnation or reports submitted, or to be
5
(
Agenda Item No. 16G2
April 22, 2008
Page 10 of 23
submitted, to OITED, GRANTEES shall allow OITED's Contract Manager and other OITED-
authorized personnel reasonable access to any information and any other documents requested by
OITED for purposes of monitoring GRANTEES' performance.
8.0 AUDIT AND RECORDS:
8,1 The GRANTEES shall retain and maintain all records, including records of all
payments made by GRANTEES in connection with the Grant and make such records available
for any audit as may be requested, Records shall include independent auditor working papers,
books, documents, and other evidence, including, but not limited to, vouchers, bills, invoices,
requests for payment, and other supporting documentation, which according to generally
accepted governmental accounting principles, procedures and practices, sufficiently and properly
reflect all program costs expended in the performance of the Agreement. The records shall be
subject at all times to inspection, review, or audit by personnel of the Office of the Auditor
General, Department of Financial Services, or the ChiefInspector General, or other personnel
authorized by OITED and copies of the records shall be delivered to OITED upon request.
8,2 In addition to the requirements set out above in this section, the GRANTEES shall
comply with the applicable audit provisions contained in "Exhibit C," which is attached to this
Agreement and incorporated herein, "Exhibit C" sets out the duties and requirements of the
GRANTEES pursuant to the Single Audit Act, Section215,97, Florida Statutes,
9.0 TERMINATION:
9.1 BREACH & PRESERVATION OF REMEDIES
(al In the event that the GRANTEES fail to comply with any of the terms of this
Agreement, OITED may exercise any remedies available at law or in equity, including the
withholding and/or reduction of funding to GRANTEES. In the event such failure is material to
the Agreement as a whole, OITED shall have the right to terminate this Agreement in
6
Agenda Item No. 16G2
April 22, 2008
Page 11 of23
accordance with its terms,
(b) OTfED may terminate the Agreement due to the f1i1ure of the GRANTEES to
fulfill their obligation under the Agreement in a timely or satisfactory manner, Satisfaction of
obligation by the GRANTEES will be determined solely by OTfED, OTfED must provide the
GRANTEES a written notice of default letter, The GRANTEES will have fifteen (15) calendar
days to cure the default, unless it is determined by OTfED that it is necessary that the default be
cured immediately. If the default is not cured by the GRANTEES within the Slated period of
time, OTfED has tre option to terminate this Agreement. The termination shall be effective
upon no less than 24 hours notice delivered in a manner set forth in Section 2.0, In the event of
termination of this Agreement, the GRANTEES will be compensated for any work satisfactorily
completed prior to notification of termination, Determination of work satisfactorily completed
shall be at the sole discretion of OTTED,
(c) No delay or omission to exercise any right, power, or remedy accruing to
either Party upon breach or default by either Party under this Agreement will impair any such
right, power, or remedy of either Party: nor will such delay or omission be construed as a waiver
of any such breach or default.
9,2 REFUSAL TO GRANT PUBLIC ACCESS, This Agreement may be unilateraliy
terminated by OTfED for refusal by the GRANTEES to allow public access to all documents,
papers, letters, or other material created in connection with this Agreement that are subject to the
provisions of Chapter I] 9, Florida Statutes,
9.3 UNAUTHORIZED ALIENS. OTTED will consider the employment by
GRANTEES, or any contractor or subcontractor, of unauthorized aliens a violation of Section
274A(e) of the U.S, Immigration and Nationality Act. Such violation shall be cause for
cancellation ofthe Agreement.
7
Agenda Item No. 16G2
April 22, 2008
Page 12 of 23
10,0 GENERAL CONDITIONS:
10,1 LIABILITY AND INSURANCE
(a) OITED shall not assume any liability for the acts, omissions to act, or
negligence of the GRANTEES, their agents, servants, or employees; nor shall the GRANTEES
exclude liability for the ir own acts, omissions to act, or negligence to OITED, In addition, the
GRANTEES hereby agree to be responsible for any injury or property damage resulting from
any activities conducted by GRANTEES,
(b) GRANTEES shall act in an independent capacity and not as an employee of
OITED in the performance of this Agreement, GRANTEES agree to indemnify and hold the
State harmless from any and all claims or demands for damages resulting in personal injury or
death, or destruction or damage to property, arising out of activities performed under this
Agreement and shall investigate all claims at its own expense.
(c) GRANTEES shall be responsible for all work performed and all expenses
incurred in connection with the project. The GRANTEES may subcontract as necessary to
perform the services set forth in this Agreement, including entering into subcontracts with
vendors for services and commodities PROVIDED THAT it is understood by the GRANTEES
that OITED shall not be liable to the subcontractor for any expenses or liabilities incurred under
the subcontract and that the GRANTEES shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract. Also, when contracting with
subcontractors, GRANTEES must require subcontractors to indemnify and hold harmless the
State for actions of the subcontractor resulting in personal injury or death, or destruction or
damage to property, arising out of activities performed under this Agreement and shall
investigate all claims at its own expense.
8
Agenda Item No, 16G2
April 22. 2008
Page 13 of 23
(d) Neither OTffiD nor any agency or subdivision of the State waives any
defense of sovereign immunity, or increases the limits of its liability, upon entering into this
contractual relationship,
(e) GRANTEES shall require that any contractor, subcontractor, or operator
performing work pursuant to or in furtherance of this Agreement shall provide and maintain
during the duration of such contract, subcontract, or operating arrangement at least the kinds and
minimum amounts of insurance required in this Section of the Agreement. The minimum
amounts required may, on a case-by-case basis, be adjusted by mutual agreement between
OITED and GRANTEES,
(I) Before commencement of any work pursuant to the Agreement, GRANTEES
shall require each contractor, sIDcontractor, or operator under this Agreement to provide
certificates of insurance evidencing that the required insurance has been obtained and is in force.
All such policies shall contain an endorsement stating that any cancellation or material change
shall not be effective unless at least thirty (30) days prior written notice is provided to
GRANTEES, GRANTEES will require each contractor, subcontractor, or operator to produce
and maintain during the entire period of their performance under this Agreemert the following
minimum amounts and types of insurance,
i. Worker's compensation and employer's liability insurance in compliance
with applicable worker's compensation and occupational disease statutes with a minimum limit
of $1 00,000 per incident. Such insurance shall comply with the Florida Worker's Compensation
Law.
ii. General comprehensive liability insurance with minimum limits of
$1,000,000 for injury to one person arising out of a single incident, and $1,000,000 for property
damage,
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Agenda Item No. 1682
April 22, 2008
Page 14 of 23
iii. Comprehensive automobile insurance which shall include bodily irljury and
property damage covering all owned, non-owned, hired, and government-furnished vehicles with
minimum limits of$I,OOO,OOO for bodily injury and property damage per occurrence,
10.2 NON-ASSIGNMENT, Except as otherwise stated in this Agreement, neither
party may assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this,
Agreement without the prior written consent of the other party, which will not be unreasonably
withheld, Any sublicense, assignment, or transfer otherwise occurring will be null and void.
Notwithstanding the foregoing, OTTED will at all times be entitled to assign or transfer its right,
duties, or obligations under this Agreement to another governmental agency in the State of
Florida, upon giving written notice to the GRANfEES. In the event OTTED approves transfer
of GRANTEES' obligations, the GRANTEES remain responsible for all work performed and all
expenses incurred in connection with the Agreement.
10.3 GOVERNING LA W. This Agreement shall be governed by the laws of the State
of Florida. Any and all litigation arising under this Agreement shall be brought exclusively in
the appropriate court in Leon County, Florida
I 0.4 MODIFICATION, This writing and the attached "Exhibit A," "Exhibit B," and
"Exhibit C" contain the entire Agreement of the parties, No representations were made or relied
upon by either party, other than those that are expressly set forth, No agent, employee, or other
representative of either party is authorized to alter, modifY, amend, or change any of the terms of
this Agreement, unless done in writing and signed by an executive officer of the GRANTEES
and OTTED,
10,5 APPLICABLE LAWS, GRANfEES agree to comply with all applicable federal,
state, and local laws related to the execution of the program described in "Exhibit A,"
10
Agenda Item No, 16G2
April 22, 2008
Page 15 of 23
10,6 MINORITY BUSINESS, GRANTEES are encouraged to use small businesses,
including minority and women-owned businesses as subcontractors or subvendors under this
Agreement. The directory of certified minority and women-owned businesses can be accessed
from the website of the department of Management Services, Office of Supplier Diversity,
GRANTEES shall report, on a quarterly basis, expenditures with minority and women-owned
businesses, The report shall contain the names and addresses of the minority and women-owned
businesses; the aggregate dollar figure disbursed that quarter for each business; the time period;
type of goods or services: and the applicable code, If no expenditures were made to minoriry or
women-owned businesses, Grantees shall submit a statement to this effect.
JO.7 LOBBYING, Funds may not be used for the purpose of lobbying the Legislature,
thejudiciaJ branch, or a state agency, pursuant to Section 216.347, Florida Statutes,
10.8 TRA VEL. There will be no reimbursement for travel expenses by OITED,
10,9 PUBLIC ENTITY CRIME, GRANTEES affirm that at no time have
GRANTEES been convicted ofa public entity crime pursuant to Section 287.133, Florida
Statutes, and agree that they shall not violate any such law and further acknowledge and agree
that any such conviction during the term of the Agreement may result in the termination of this
Agreement.
10.10 NON-DISCRIMINATJON, The GRANTEES will not discriminate against any
employee employed in the performance of this Agreement, or against any applicant for
employment because of age, race, creed, color, handicap, national origin, or sex,
GRANTEES affirms that at no time have GRANTEES been placed on the
discriminatory vendor list pursuant to Section 287.134, Florida Statutes, and agree that they shall
not violate any such law and further acknowledge and agree that any such placement on the list
during the term of the Agreement may result in the termination of this Agreement.
II
Agenda Item No. 16G2
April 22, 2008
Page 16 of 23
The GRANTEES shall insert similar provisions in all subcontracts for services by
this Agreement.
10.1 I SEVERABILITY, Ifany term or provision of the Agreement is found to be
illegal, invalid, or unenforceable, such term shall be severed from this Agreement and the
remainder of the Agreement will remain in full force and effect,
10,12 AITORNEY FEES, Unless authorized by law and agreed to in writing by
OITED, OITED will not be liable to pay attorney fees, interest, or cost of collection,
10.13 DUPLICATE ORIGINALS, This Agreement is executed in duplicate originals.
10,14 ACCEPTANCE AND AMENDMENT BY FACSIMILE, The acceptance of this
Agreement or any modification of this Agreement may be made by facsimile transmission.
Receipt of the facsimile transmission shall for the purpose of this Agreement be deemed to be an
original, including signatures,
10.15 SUBCONTRACTS, Any and all contracts that GRANTEES execute with a
person or organization under which such person or organization agree to perform services on
behalf of GRANTEES or the State of Florida shall include provisions requiring that such person
or organization report on performance, account for proper use of funds provided under the
contract, including the provision of audit rights pursuant to Section 8,0 and "Exhibit C" of this
Agreement, avoid duplication of existing state and local services and activities, and agree to
abide by all local, state, and federal laws,
10.16 PLEDGING CREDIT. GRANTEES shall not pledge the State of Florida's or
OITED's credit or make the State of Florida or OTrED a guarantor of payment or surety for
any contract, debt, obligation, judgment lien, or any form of indebtedness.
12
Agenda Item No. 16G2
April 22, 2008
Page 17 of 23
II. IMPROVEMENT TO REAL PROPERTY:
In accordance with Section 253,85, Florida Statutes, the GRANTEES grant to the state a
security interest in the property at least to the amount of state funds provided for at least 5 years
from the date of purchase or the completion ofthe improvements or as furtherrequired by law.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and delivered
by their duly authorized representatives as of the date set forth below,
COLLIER COUNTY
BOARD OF COMMISSIONERS
~w.~
FRED W. COYLE, CHAIRMAN
Date: ':;k-~.s-
.
Witness:
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Agenda Item No. 16G2
April 22, 2008
Page 20 of 23
COUNTY OF COLLIER
RURAL INFRASTRUCTURE FUND
EXIllBIT B
Description County/Other Funds OITED Grant
Storm Water Retention Pond $ 500,000.00
Engineering ServiceslDesign & Bid 38,555,00 $454,313,00
Engineering Services/Construction 33,920.00
Construction Phase 427,525,00
Total Cost of Detention Pond $ 500.000.00 $454,313.00
Environmental Resource Permit $ 347 .000.00
Taxiway C $ 666.857.00
Total Project Cost $1.531,857.00 $1.531.857,00 $427.525.00
Agenda Item No. 16G2
April 22, 2008
Page 21 of 23
EXlllBIT C
SPECIAL AUDIT REQUIREMENTS
The administration of funds awarded by the Office of Tourism, Trade, and Economic
Development (OITED) to the GRANTEE may be subject to audits and/or monitoring by the
OITED, as described in this section.
MONITORING
By entering into this agreement, .the GRANTEE agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the OTTED, In the event OITED
determines that a limited scope audit of the recipient is appropriate, the GRANTEE agrees to
comply with any additional instructions provided by OTTED to the GRANTEE regarding
such audit. The GRANTEE further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General or
Chief Inspector General.
AUDITS
I, In the event that the GRANTEE expends a total amount of State awards (Le" State
financial assistance provided to the recipient to carry out a State project) equal to or in
excess of $500,000 in any fiscal year of such GRANTEE, the GRANTEE must have a
State single or project-specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes (the Single Audit Act); applicable rules of the Executive
Office of the Governor and the Comptroller, and Chapter 1 0.550, Rules of the Auditor
General. In determining the State financial assistance expended in its fiscal year, the
GRANTEE shall consider all sources of State awards, including State funds received
from OTTED, except that State financial assistance received by a nonstate entity for
Federal program matching requirements shall be excluded from consideration.
2, In connection with the audit requirements, the GRANTEE shall ensure that the audit
complies with the requirements of Section 215.97(7), Florida Statutes. This includes
submission of a reporting package as defined by Section 2l5.97(2)(d), Florida
Statutes, and Chapter 10.550, Rules of the Auditor General.
3, If the GRANTEE expends less than $500,000 in State financial assistance in its fiscal
year, an audit conducted in accordance with the provisions of Section 215,97, Florida
Statutes, is not required, In the event that the GRANTEE expends less than $500,000
in State financial assistance in its fiscal year and elects to have an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, the cost of the
audit must be paid from non-State funds (Le., the cost of such an audit must be paid
from GRANTEE funds obtained from other than State entities).
4. The GRANTEE must include the record keeping requirements in subrecipient
contracts and subcontracts entered into by the GRANTEE for work required under
terms of this Agreement. In the executed subcontract, the GRANTEE shall provide
each subrecipient of state financial assis tance the information needed by the
subrecipient to comply with the requirements of the Single Audit Act. Pursuant to
Section 215.97 (6), Florida Statutes, GRANTEE shall review and monitor
Agenda Item No. 16G2
April 22, 2008
Page 22 of 23
subrecipient audit reports, and perform other procedures as specified in the agreement
with the subrecipient, which may include onsite visits, GRANTEE shall require
subrecipients, as a condition of receiving state financial assistance, to pennit the
independent auditor of the recipient, the state awarding agency, the Comptroller, and
the Auditor General access to the subrecipient's records and independent auditor's
working papers as necessary to comply with the requirements of the Single Audit Act.
5, For infonnation regarding the Florida Single Audit Act, including the Florida Catalog
of State Financial Assistance (CFSA), the GRANTEE should access the website for
the Governor's Office located at htto://www.flgov.com/. for assistance, In addition to
the above website, the following websites may be accessed for infonnation:
Legislature's Website htto://www.leg.state.fl.us/. the Department of Banking and
Finance's Website http://www.dbf.state.fl.us/aadir/FSAAlndex.html. and the Auditor
General's Website htlP://sun6,dms.state.fl.us/audgen
REPORT SUBMISSION
Copies of audit reports conducted in accordance with the audit requirements contained herein
shall be submitted to the parties set out below, The annual financial audit report shall include
all management letters and the GRANTEE's response to all findings, including corrective
actions to be taken. The annual financial audit report shall include a schedule of financial
assistance specifically identifYing all Agreement and other revenue by sponsoring agency and
Agreement number.
The complete financial audit report, including all items specified above, shall be sent
directly to:
Mary Helen Blakeslee
Office of Tourism, Trade, and Economic Development
The Capitol, Suite 200 I
Tallahassee, Florida 32399 -000 I
and
State of Florida Auditor General
Attn: Ted J Sauerbeck
Room 574, Claude Pepper Building
] II West Madison Street
Tallahassee, Florida 32302-1450
RECORD RETENTION
GRANTEE shall retain all grant records and shall ensure the retention of its independent
auditors working papers for a period of five (5) years from the date of submission of the final
project report, If any litigation, claim, negotiation, audit or other action involving the records
has been started before the expiration of the five (5) year period, the records shall be retained
until completion of the action and resolution of all issues which arise from it, or until the end
ofthe five (5) years period, whichever is later.
N"':lIC
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