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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 Packet Page-805- 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- I 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 Packet Page-807- 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 • 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 Packet Page -811- 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 • Packet Page -812- 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. Packet Page -813- 3/25/2014 16.B.1 . 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 Packet Page -814- 3/25/2014 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 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 Packet Page-815- 3/25/2014 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 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 Packet Page-816- 3/25/2014 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 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 • Packet Page -817- 3/25/2014 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-818- 3/25/2014 16.B.1. 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 Packet Page-819- - 3/25/2014 .16.B.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 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.) • Packet Page -820- 3/25/2014 16.B.1 . 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 1 Packet Page-821- 3/25/2014 16.B.1. 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). 2 Packet Page-822-