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Agenda 09/23/2014 Item #16B19/23/2014 16.B.1. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (BCC), in its capacity as the Collier County Community Redevelopment Agency (CRA), authorize its Chairman to notify the United States Department of Agriculture (USDA) of its termination of the Rural Business Enterprise Grant (RBEG) agreement valued at $35,000 for a feasibility study for the Immokalee Business Development Center (IBDC) which is no longer operated by the CRA. Approval of this item will allow local CRA funds (Fund 186) in the amount of $2,528.79 to be used to pay the total project expenditure in lieu of using USDA grant funds. OBJECTIVE: To terminate a grant agreement in the amount of $35,000 between the CRA and the USDA for a feasibility study related to the IBDC which is no longer operated by the CRA. CONSIDERATION: On November 30, 2012, Agenda Item #14(B)(7), the BCC approved the submittal of the grant application to USDA. The grant, in the amount of $35,000, was intended to fund a feasibility study aimed at gauging the need for expanding the IBDC. On October 8, 2013 (Agenda Item # 16.B.1) the CRA approved the grant agreement between the CRA and USDA. CRA staff is recommending the CRA exercise its Termination for Convenience clause identified in the executed grant agreement. This recommendation is based on the following factors: 1. The IBDC ceased being affiliated the CRA and the County on July 31, 2014. (It is now a non -profit known as IMBIZ, Inc.) 2. The deliverable deadline to USDA for the feasibility study was July 31, 2014. 3. The consultant has relocated to North Carolina and is not available for local project execution, as was stipulated in his proposal. 4. Given the current status of the IBDC, it is not in the best interest of the County to go forward with this feasibility study. Staff has notified USDA of this item and was advised that termination is acceptable and would be without penalty to the CRA. ADVISORY BOARD RECOMMENDATION: On August 20, 2014, at its regular monthly meeting, the CRA Local Advisory Board made and passed a motion at a vote of 8 to 1 recommending that the CRA Board terminate the USDA grant agreement and pay the project expenditure of $2,528.79 from CRA Fund 186. FISCAL IMPACT: The CRA has not received grant funds from the USDA. The Immokalee CRA Grant Fund (715) has paid the total project expenditure to date of $2,528.79. Approval of this item will allow the expenditure to be moved and funded by local CRA Fund (186). There will be no further expenses associated with this project. GROWTH MANAGEMENT IMPACT: None. [14- CRA - 00300/1113291/11 Packet Page -1832- 9/23/2014 16.6.1. LEGAL CONSIDERATIONS: Section IX, Paragraph 2 of the Agreement allows the CRA to terminate for convenience. Accordingly, this item is approved as to form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: That the Board of County Commissioners, in its capacity as the CRA, authorize the Chairman to notify the USDA of termination of the RBEG agreement valued at $35,000 to fund a feasibility study related to the IBDC which is no longer operated by the CRA. Approval of this item will allow local CRA funds (Fund 186) to be used to pay the total project expenditure in lieu of using USDA grant funds. Fiscal impact $2,528.79. Prepared By: Bradley S. Muckel, Collier County CRA — Immokalee Attachments: 1) Original Grant Application, 2) Original Grant Agreement, 3) USDA Letter of Conditions, and 4) Letter of Termination for Convenience. [14 -CRA- 00300/1113291/1] Packet Page -1833- 9/23/2014 16.6.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.B.16.B.1. Item Summary: Recommendation that the Board of County Commissioners (BCC), in its capacity as the Collier County Community Redevelopment Agency (CRA), authorize its Chairman to notify the United States Department of Agriculture (USDA) of its termination of the Rural Business Enterprise Grant (RBEG) agreement valued at $35,000 for a feasibility study for the Immokalee Business Development Center (IBDC) which is no longer operated by the CRA. Meeting Date: 9/23/2014 Prepared By Name: MuckelBradley Title: CRA Operations Manager, Immokalee County Redevelopment Agency 9/3/2014 11:10:08 AM Submitted by Title: CRA Operations Manager, Immokalee County Redevelopment Agency Name: MuckelBradley 9/3/2014 11:10:09 AM Approved By Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 9/3/2014 5:01:57 PM Name: Joshua Thomas Title: Grants Support Specialist, Grants Management Office Date: 9/4/2014 1:16:58 PM Name: Klatzkow.leff Title: County Attorney, Date: 9/10/2014 2:51:07 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Packet Page -1834- Date: 9/15/2014 10:58:32 AM Name: DurhamTim 9/23/2014 16.6.1. Title: Executive Manager of Corp Business Ops, Date: 9/15/2014 11:43:00 AM Packet Page -1835- 9/23/2014 16.6.1. nt�oTCb11ier CLERK OF THE 61RCOT COURT Dwight E. Brock COLLIER COUNTY OUR OUSE 3301 TAMIAMI AIL E ST Clerk of Courts Clerk of Courts P.O. BOX 4 3044 Accountant NAPLES, FLORIDA144101 -3 44 Auditor Custodian of County Funds November 30, 2012 USDA/Rural Development Attn: Rick Marino Royal Palm Beach Service Center 420 South State Road 7, Suite 166 Royal Palm Beach, FL 33414 Re: Rural Business Enterprise Grant (RBEG) Application Dear Mr. Marino, Attached for further agency processing are two (2) original copies of the referenced document, approved by the Collier County Board of County Commissioners on November 13, 2012. After the grant applications are fully executed, please return one.(1) original to our office, the Board Minutes & Records Department and we will distribute to the appropriate parties. We have provided an envelope -for your convenience. If you have questions or require further assistance, I can be reached at (239) 252 -7240. Very truly yours, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Attachments Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.coliierelerk.com Email: collierclerk @collierclerk.com Packet Page -1836- 9/23/2014 16.6.1. ®A To locate the Rural Dev a 1 Rural opment office in your area go to: Development www. rurdev. usda. gov /SupportDocuments /MN- RBS- MAP.pdf Rural Business Enterprise Grant (RBEG) APPLICATION CHECKLIST The following items must be included in your application packet: Form SF -424 Application for Federal Assistance Current Financial Statement or Audit Scope of Work (applications for a purpose other than construction) Revolving Loan Fund Plan (Only for Revolving Loan Fund Applications) Preliminary Engineering or Architectural Report (Construction Projects Only) Opinion from Applicant's Attorney showing the organization is duly incorporated, has continued legal existence, and legal capacity and authority to administer the grant Certifications: RD400 -1 Equal Opportunity Agreement RD400 -4 Assurance Agreement AD -1047 Certification Regarding Debarment ... AD -1049 Certification Regarding Drug Free Workplace... RD Inst. 7940 -Q Exh A -1, Certification for Contracts, Grants & Loans MN RD Guide, Debt Collection Improvement Act of 1996 MN RD 1900 -D, Guide 1, Conflict of Interest Third -party documentation to support Project Selection Criteria (i.e. letters from businesses to be assisted) Request for Environmental Information (n /a for Technical Assistance) Approved Scope of Work (Not for construction) Approved Revolving Loan Fund Plan (RLF only) Appraisal to establish fair market value of property to be purchased Development Cost Summary (Final analysis construction projects) 2 -29 -2012 Packet Page -1837- 9/23/2014 16.B.1. TABLE OF CONTENT Section1 ............................. ............................... Grant Application Section2 ............................. ............................... Current Financial or Audit Section3 .............................• ............................... Scope of Work Section4 .............................. ............................... Opinion from Attorney SectionS ............................... ............................... Certifications Section6 ............................... ............................... Letters of Support Section7 ........................................ for Environmental Section8 ............................... ............................... Letters of Support from Community Section 9 ........................ ....... .............................:. Resumes Section-10 ............................. ............................... Quotes from Vendors section11 ............................. ............................... Clearance Letter Packet Page -1838- 9/23/2014 16.6.1. Section12 ............................. ............................... Chairman Letter of Support Section13 ............................. ............................... Articles of Incorporation Section14 .............................. ............................... Tax Exemption Letter Section15 .............................. ............................... Certificate of Good Standing Section16 .............................. ............................... Board of Directors Section 17 .............................. ............................... Organizational Chart Packet Page -1839- 9/23/2014 16.B.1. SECTION 1 GRANT APPLICATION Packet Page -1840- OPPI IrATlnNl GnR 9/23/2014 16.B.1. Versinn 7/03 FEDERAL ASSISTANCE 1 DATE SUBMITTED Applicant Identifier 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre - application 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Construction Construction -C n structian Non-construction S. APPLICANT INFORMATION Legal Name: Organizations] Unit: De : CG�MMUNI UNITY REDEVELOPMENT AGENCY- IMMOKALEE COLLA=R COUNTY COMMUNITY REDEVELOPMENT AGENCY- IMMOKALEE O anizaiional DUNS: Division: 07997790 COLLIER COUNTY BOARD OF COUNTY COMMISSIONER Address: Name and telephone number of person to be contacted on matters Involving this application jolve area code Street. 1320 N 15TH STREET Prefix: First Name: MRS PENNY t��y.� Middle Name IMMOKALEE PHILLIf'PI gCtOtLLIER Z34142de Suffix: FLNIIyD�A UNITED PennyPhillippi STATES @colliergov.net S. EMPLOYER IDENTIFICATION NUMBER (EN). Phone Number (give area code) Fax Number (give area code) ME—®©E191 5 E1® 239 - 867 -4121 239 - 252 -6725 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) 17, New E1 Continuation IC Revision B If Revision, enter appropriate letter(s) In box(es) (See back of form for description of letters.) ❑ ❑ Other (specify) 9. NAME OF FEDERAL AGENCY: Other (specify) USDA, RURAL DEVELOPMENT 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: oa ©o IMMOKALEE DEVELOPMENT CENTER EXPANSION -o ANALYSIS TITLE (Name of Program RURAL BUSINESS ENT RPRISE GRANT 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): IMMOKALEE, FLORIDA 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: Ending Date: a. Applicant b. Project JANUARY 1, 2013 JULY 31, 2013 25 5 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE RDER 12372 CESS? a. Federal Yes THIS PREAPPLICATIONIAPPLICATION WAS MADE 35,000 a AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON b. Applicant . 0 DATE: c. State 0 b. No. jTj PROGRAM IS NOT COVERED BY E. O. 12372 6 OR PROGRAM HAS NOT BEEN SELECTED BY STATE d. Local 0 • e. Other 0 . FOR REVIEW f. Program Income 0 . 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? Q Yes If -Yes" attach an explanation. ICI No g. TOTAL 35,000. 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. Authorized Wfix Fair l NaAme N Middle Name Last Name Suffix FIALA Title Tole phone-N give area code) CHAIRMAN O COLLIER COU TY REDEVELOPMENT AGENCY BOARD 239 -252.8 711 •:. Signature cAPluthorized RepreonlaWe a. Date Sfghed Previous EdtAoh Usable Uwrwaat rvmi �rcq tncev.a -cuuur Authorized ft !^`�Y �Q� fipfitl & iegei suftlency Pr¢scd[batl by OMB Circular A -102 1�{rEnz+ r^ Assistant County Attorney '-'''Packet Page -1841- 1 QnALii!" 9/23/2014 16.B.1. INSTRUCTIONS FOR THE SF-424 Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (034 &0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form used by applicants as a required face sheet for pre - applications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant's submission. Item: Entry: hem: 1. Select Type of Submission. 11. Enter a brief descriptive title of the project. if more than one program is Involved, you should append an explanation on a separate sheet. If appropriate (e.g., construction or real property projects), attach a map showing project location. For preappfcatlons, use a separate sheet to provide a summary description of this prolect. 2. Date application submitted to Federal agency (or State if applicable) 12. List only the largest political entities affected (e.g., State, and applicant's control number Of applicable). counties, Giles). 3. State use only (if applicable). 13 Enter the proposed start date and end date of the project. 4. Enter Date Received by Federal Agency 14. List the applicant's Congressional District and any District(s) Federal identifier number. If this application is a continuation or affected by the program or project revision to an existing award, enter the present Federal Identifier number. If for a new project, leave blank. 5. Enter legal name of applicant, name of primary organizational unit 15 Amount requested or to be contributed during the first ( including division, if applicable), which will undertake the fundinglbudget period by each contributor. Value of in kind assistance activity, enter the organization's DUNS number contributions should be included on appropriate lines as (received from Dun and Bradstreet), enter the complete address of applicable. If the action will result in a dollar change to an the applicant (including country), and name, telephone number, s- existing award, indicate only the amount of the change. For mail and fax of the parson to contact on matters related to this decreases, enclose the amounts In parentheses. If both basic application. and supplemental amounts are included, show breakdown on an attached sheet. For multiple program funding, use totals and show breakdown using same categories as item 15. 6. Enter Employer Identification Number (EIN) as assigned by the 16. Applicants should contact the State Single Point of Contact Internal Revenue Service. (SPOC) for Federal Executive Order 12372 to determine whether the application is subject to the State Intergovernmental review process. 7. Select the appropriate letter in 17. This question applies to the applicant organization, not the the apace provided. 1. State Controlled person who signs as the authorized representative. Categories A. State Institution of Higher of debt Include delinquent audit disallowances, loans and B. County Learning taxes. C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L Individual F. Intennunicipai M. Profit Organization G. Special District N. Other (Specify) H. Independent School O. Not for Profit District Organization a. Select the type from the following list: 18 To be signed by the authorized representative of the applicant. • 'New" means a new assistance award. A copy of the governing bodys authorization for you to sign • "Confinuatlon" means an extension for an additional this application as official representative must be on file in the funding/budget period for a project with a projected completion applicant's office. (Certain Federal agencies may require that date. this authorization be submitted as part of the application.) • "Revision' means any change in the Federal Government's financial obligation or contingent liability from an existing obligation. If a revision enter the appropriate letter. A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration 9.. Name of Federal agency from which assistance Is being requested with this application. 10. Use the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested. SF-424 (Rev. 7 -97) Back Packet Page -1842- O Cl O W r m i. R R Q m m m CD 0 N m Z I _ O O O U) 0m 4& m 0 M 69 tFjl } O VQ L° Co 0 O M U. C o a L a IL ~ M � c Ln o � Z to v C m �N (� E y W -Lo o v & 0 Y� � O 40) � m m � Nj, Z 0 va° I _ O O O U) 0m 4& m 0 M 69 tFjl 9/23/2014 16.B.1. } VQ O E a � a IL ~ M d Ln o � v 9/23/2014 16.B.1. 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N �Y V o Ci o t�£uJ V4r O V �v ;. %- c c d c o Co C c c ..! = :3 tCi1 U3 J �o Co Co T m Packet Page -1846- 9/23/2014 16.6.1. rn° N a� vR a �U LL to 0 v m a It o� a m m a d e p° 111 0 v a 9/23/2014 16.B.1. OMB Approval No. 03480040 ASSURANCES - NON - CONSTRUCTION PROGRAMS reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing Jons, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of ition. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for ig this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348 - 0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such Is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: I. Has the legal authority to apply for Federal assistance and the Institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system In accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 7. 1970 (42 U.S.C. § §4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPMI's Standards for a Marit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These Include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.G. § §290 dd -3 and 290 as 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Act of 1968 (42 U.S.C. § §3601 at seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions In the specific statute(s) under which application for Federal assistance is being made; and, Q) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally- assisted programs. These requirements apply to all Interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Authorized for Local Reproduction Packet Page -1847- Standard Form 424B (Rev. 7 -97) Prescribed by OMB Circular A -i02 9. WIII comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. § §276a to 276a- 7),'the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §674), and the Contract Work Hours and Safety Standards Act (40 U.S.G. §§327- 333), regarding labor standards for federally - assisted construction subagreements. 10. WIII comply, If applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood Insurance If the total cost of insurable construction and acquisition is $10,000 or more. 11. WIII comply with environmental standards which may be prescribed pursuant to the following: (a) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in fiocdplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1461 et seq.); (Q conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401 at seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). •..M., r 1' 9/23/2014 16.B.1. 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 at seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects Involved In research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. § §2131 at seq.) pertaining to the care, handling, and treatment of wane blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act. (42 U.S.C. § §4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non - Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. Approved as to form & legal SutfiaNnCy DWEGH E.-BR ,�Mrk Es ` . . — Ass stant County Attorney ' As IR n SIGNATURE OF AUTHORIZED CERTIFYM1 OFFICIAL TITLE g,rgM)9 ei APPLICAN ORGANIZATION DATE SUBMITTED COM/v/Ultl '7- Rr b6VEL ��i�J r I�GE�G y OF Goz, z- _r9W aunfnI , Standard Fonn 424B (Rev. 7 -97) Back Packet Page -1848- 9/23/2014 16.6.1. SECTION 2 CURRENT FINANCIAL STATEMENT OR AUDIT Packet Page -1849- 9/23/2014 16.13.1. Collier County Comprehensive Annual Financial Report for the year 2009, 2010, and 2011 can be found by going to the link listed below: htto:// www. colliercierk .com /ClerkToTheBoard /Finance/ ComorehensiveAnnuaIFinancialReoorts (CAFR) Packet Page -1850- 9/23/2014 16.6.1. SECTION 3 SCOPE OF WORK Packet Page -1851- 9/23/2014 163.1. Scope of Work Rural Business Enterprise Grant Application Collier County Community Redevelopment Agency, Immokalee The Collier County Community Redevelopment Agency, Immokalee is applying for a Rural Business Enterprise Grant (RBEG) from Rural Development (hereafter referred to as "grantor "), an Agency of the USDA. The following Scope of work will be used to measure the performance of the Collier County Community Redevelopment Agency, Immokalee (hereafter referred to as "grantee"). 1) The specific purposes for which grant funds will be utilized; The Immokalee Business Development Center (IBDC) addresses the general problem of a weak economic and business climate in Immokalee, and some of the barriers to entry for new businesses. Economic and social conditions are addressed and overcome through a combination of technical assistance, education, training, and business guidance. The IBDC promotes business growth, job creation, proper working environment and economic growth and stimulus for the Immokalee Community. The IBDC operates under the auspice of the Immokalee Community Redevelopment Agency (CRA). The grant funds will be used to pay for the completion of a Feasibility Study to determine the feasibility of expanding the current business development center located at 1320 N 156, Street, Ste. 2, Immokalee, Florida and the implementation of a food production program within the center to assist small and emerging businesses, such as Vecona, Inc., Edwin's Rollin.Bar -Q, and Andes Walking Fruits within Immokalee and Eastern Collier County. The use of funds are in line with RD Instruction 1942 -G, §1942.304, which states that RBEG funds can be used for projects such as technical assistance. The regulation further defines technical assistance as "A function performed for the benefit of a private business enterprise ..,., such as market research, product and/or service improvement, feasibility study, etc." The IBDC is an existing small business incubator working under the Immokalee Community Redevelopment Agency (CRA). Currently we are subleasing approximately 1,070.5 sq. feet of space from the CRA's 3,938 sq. feet office building and want to determine the viability of expanding by building a larger structure. The study will help us .determine whether it is feasible or needed to build anew structure with space to lease, offices, staging, parking, food production facility, training, and supportive services. The expansion will add a new program to the incubator by providing a facility to allow small local producers to turn their products into "Value- added" agriculture. Our goal is to educate local growers to increase the economic value and consumer appeal of the raw farm products and marketing it more directly to the public. As per §1942.302 of RD Instruction 1942 -G, here the "grant program will be used to support the development of small and emerging private business enterprises in rural areas" Furthermore, the study will also help us determine if the current facility is adequate to meet the current needs of the community and if building a new structure is not the best option at this time. 2) Timeframes or dates by which action surrounding the use of funds will be accomplished. Based on the timelines provided in the different quotes, the grantee anticipates having all funds used within b months after notification of grant funding. Packet Page -1852- 9/23/2014 16.B.1. 3) Who will be carrying out the purpose for which the grant is made? The IBDC has obtained three (3) quotes from vendors who conducts Feasibility Studies. The quotes are herein submitted with the grant application. Upon being award the funds, the IBDC will adhere to the Federal Procurement requirements in selecting a vendor from the quotes that were provided. The IBDC is a Collier County entity. The vendor selected will have no affiliation with the IBDC, no connection to Collier County or the type of industry which we service. 4) How the grant purposes will be accomplished. The grant purpose will be accomplished by selecting a local public business school to prepare a feasibility study to determine whether it is feasible to expand our current facility, build a new building, or should we make no changes to the current program, 5) Documentation regarding the availability of matching funds The Collier County Community Redevelopment Agency - Immokalee will contribute $0 towards the preparation of an Incubator Feasibility Analysis for the Immokalee Business Development Center. G) Project Budget The Collier County CRA (Immokalee) has committed long term support of the IBDC and will strive to ensure that the IBDC builds towards becoming economically self - sufficient and has developed a long term plan. The plan includes securing a portfolio of grants (EDA, CDBG, and RBEG) to build a structure that will be used to house the IBDC and a regional food production facility. The structure is expected to have adequate space to be leased out to potential businesses. The leasing of the spaces, the fees charge for the hourly use of the food production facility and the fees charged for the workshops /training will allow the IBDC to structure a methodology to procure revenues that will provide a path for sustainability. 7) Additional information to justify the need for the project: a. Information which will establish /identify the need for the Immokalee Business Development Center Feasibility Study. The IBDC is a program that is currently grant funded and as a result, funds are very limited. A feasibility study will help us determine whether this project warrants us spending these limited funds. Immokalee is an agricultural community that is being affected by the decline in agriculture. The decline in agriculture within the Southwest Florida region is due in part to external threats, such as, foreign competition, diseases in crops, land development, government regulations, and changes in climate. As agriculture decreases, this will create a significant increase in unemployment unless the people are retrained for something else. The spirit of entrepreneurship is certainly present in Immokalee and is evidenced by the numerous restaurants, grocery stores, and franchises- such as Burger King, McDonalds, and Subways. The IBDC helps with the enhancement of the entrepreneurial skills in these individuals. 2 Packet Page -1853- 9/23/2014 16. B.1. Furthermore, there are 2,801 individuals currently enrolled in Immokalee in the Women, Infant, and Children Program (WIC). This is 27% of the total enrollment for the Collier County WIC program. Immokalee WIC program has 2,171 clients on Medicaid, 1,323 clients on Food Stamps, and 49 clients on Temporary Cash Assistant program (TCA). Individuals on Federal Programs can be trained in entrepreneurship or the new businesses being created or expanded can employ some of these individuals, thus alleviating some of the government's financial burden. It is the intent of the IBDC to address these problems through the implementation of the business development center where environmental and social conditions can be addressed and overcome through a combination of support, education, and business guidance and assistance. The IBDC will promote business growth, job creation, proper working environment and economic growth and stimulus for the Immokalee community. The Collier County Community Redevelopment Agency, Immokalee is located in Collier County. Economic statistics are as follows: • Unemployment rates are based on Florida Workforce Development Information • Median Household Income is based on 2010 Census • Population is based on 2010 Census . Immokalee is designated as an Enterprise Zone (EZone), (See Attached). Immokalee is a rural, economically depressed area that is starting to realize some gradual economic growth, but still lacking stable, employment opportunities that pay a living wage. One of the main barriers to the start-up and expansion of business enterprises in Immokalee is the lack of a full time known resource conveniently located in the enterprise zone to assist start -up and expansion of existing businesses. The IBDC addresses the needs for that permanent resource in Immokalee. b. Experience in Economic Development. Collier County Community Redevelopment Agency, Immokalee has 12 years of successful experience in economic development and assisting small rural businesses. This is evidence by the successful implementation of the Commercial Fagade Grant, which since its inception in October of 2008, has helped 17 local businesses in Immokalee by providing them with financial incentives which helps increase consumer traffic by making their store fronts more attractive. The CRA also facilitates direct procedural and technical assistance for the State Enterprise Zone (EZDA) Program. As a direct result of this program, during 2011, seventy -seven (77) new jobs were created and $45,649.82 in Tax Incentives was awarded to businesses with the EZone. A Collateral Brochure was developed to inform potential businesses about Federal, State, and County, and CRA incentives available to a business considering Immokalee as a potential site. Also, on September 2011, with the assistance of CRA staff, the Board of County Commissioners approved a Resolution to petition Governor Scott to Packet Page -1854- Immokalee Collier County State of Florida US May 2010 Unemployment Rate N/A 8.8 8.2 9.6 Median Household Income (2010) $23,897 $58,106 $47,661 $51,914 2010 Census Population 24,154 328,134 18,801,310 308,745,538 • Unemployment rates are based on Florida Workforce Development Information • Median Household Income is based on 2010 Census • Population is based on 2010 Census . Immokalee is designated as an Enterprise Zone (EZone), (See Attached). Immokalee is a rural, economically depressed area that is starting to realize some gradual economic growth, but still lacking stable, employment opportunities that pay a living wage. One of the main barriers to the start-up and expansion of business enterprises in Immokalee is the lack of a full time known resource conveniently located in the enterprise zone to assist start -up and expansion of existing businesses. The IBDC addresses the needs for that permanent resource in Immokalee. b. Experience in Economic Development. Collier County Community Redevelopment Agency, Immokalee has 12 years of successful experience in economic development and assisting small rural businesses. This is evidence by the successful implementation of the Commercial Fagade Grant, which since its inception in October of 2008, has helped 17 local businesses in Immokalee by providing them with financial incentives which helps increase consumer traffic by making their store fronts more attractive. The CRA also facilitates direct procedural and technical assistance for the State Enterprise Zone (EZDA) Program. As a direct result of this program, during 2011, seventy -seven (77) new jobs were created and $45,649.82 in Tax Incentives was awarded to businesses with the EZone. A Collateral Brochure was developed to inform potential businesses about Federal, State, and County, and CRA incentives available to a business considering Immokalee as a potential site. Also, on September 2011, with the assistance of CRA staff, the Board of County Commissioners approved a Resolution to petition Governor Scott to Packet Page -1854- 9/23/2014 16.B.1. extend the Rural Area of Critical Economic Concern ( RACEC) designation awarded to the Florida Heartland Regional Economic Development Initiative, Inc. (FHREDI) Region for another 5 -years and to keep the Community of Immokalee within the South Central RACEC designation. This lead to a $2 million appropriation for the establishment of the Rural Economic Development Catalyst Project. Another example of the CRA's experience in Economic Development is the creation of the IBDC. With funding from CDBG, the center opened its doors on March of 2011. During this brief time, the IBDC has created and/or expanded ten new businesses in Immokalee, documented the creation of 5 new, permanent jobs, graduated three classes from its Entrepreneur School, and has trained more than 140 individuals in businesses related workshops. See attached Letters of support from local elected officials explaining the applicant's experience in economic development. c. Job Creation and Retention For the IBDC to be able to train entrepreneurs, we must also be involved in creating jobs. With the decline of agriculture in the Southwest Florida Region, the need in Immokalee is jobs that will not be affected by changes in agriculture. The quickest and most economical way to create jobs is to train existing businesses on how to expand. The expansion will increase businesses' market base, whereby creating a need for more employees. The IBDC will create approximately 10 jobs as a result of this project. This is evidenced by the attached letters from the small and emerging businesses that will be assisted. - Also, we want to link our trainings to the related areas that will provide the people with the skills needed to procure jobs. For example, with the Food Program, we will provide workshops on food certification. With this certification, an individual can seek employment in nearby restaurants and food related industries. Small Business Development Small business development is currently occurring and this is evidenced by the attached supporting letters from the small businesses that we have assisted. The ImmokaIee Business Development Center Feasibility Study will help us determine if we should expand the center or remain the way we are currently. d. Community & Economic Development Plans The Immokalee Business Development Center Feasibility is consistent with, and does not duplicate, economic development activities under existing community or economic development plans for the community. The IBDC seeks to improve the existing jobs, create new jobs and retrain the citizens for new jobs because agriculture is diminishing. 4 Packet Page -1855- 9/23/2014 16.6.1. This Scope of Work is submitted by the grantee. Upon approval by the grantor, the grantee agrees that no changes will be made to the Scope of Work without prior written approval by the grantor. COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA, By: DONNA FIALA, CHAIRMAN This Scope of Work is hereby approved by USDA - Rural Development. USDA - RURAL DEVELOPMENT By: (Signature) i e ate APPMVed as to form & legal Suffclsnay Assistant County Attorney Se •v n1 � IF£ R r3. mss , --, -C 5 Packet Page -1856- ATTEST DWIGHT E• 0 �3l�r By: 9/23/2014 16.B.1. Sources US Census Bureau. 2010 Census Interactive Population Map. Retrieved March 20, 2012 from http: / 2010. census. gov /2010census /popmap /ipmtext.php. US Census Bureau. State and County QuickFacts. Retrieved July 24, 2012 from http: / /quickfacts. census .gov /gfd/states /12/12021.html. US Census Bureau. 2000 Fact Sheet. Retrieved September 24, 2009 from flt: / /factfinder .census.gov /servlet /SAFFFacts? Event = Search &geo id =& geoContext= &lang =en& sse= on &pctxt— fph &pgsl= 010 &show 2003 tab = &redirect =Y Dr. Stuart Van Auken, Dr. Howard Finch, Dr. Ara Volkan, Dr. Walter Rodriguez, Dr. Shelton Weeks, and Dr. Gary Jackson. "AG Business in SW Florida:Present and Future ", June 6, 2007. Packet Page -1857- 9/23/2014 16.6.1. SECTION 4 OPINION FROM APPLICANT'S ATTORNEY Packet Page -1858- 9/23/2014 16.B.1. ATTORNEY'S OPINION RELATIVE TO ORGANIZATION, AUTHORITY, AND CONTINUOUS EXISTENCE To Whom It May Concern: 1. I am the County Attorney for Collier County, Florida. 2. 1 am familiar with Ordinance, Resolutions, and Regulations of Collier County, Florida. 3. That on March 14, 2000, the Collier County Board of County Commissioners adopted resolution 2000 -83, which established itself as the Collier County Community Redevelopment Agency. Said Resolution was adopted and authorized pursuant to Florida Statute §163.357(1). 4. That the Collier County Redevelopment Agency is authorized to engage in all activities permitted by Florida statute, Collier County Code Ordinance, Resolutions, Regulations and Bylaws. S. The Collier County Redevelopment Agency has been in continuous legal existence since its incorporation. 6. Collier County is a valid political subdivision of the State of Florida. 7. Attached to this Opinion please find Resolutl n 2000 -83 and Bylaws of the Community Redevelopment Agency Local Redevelopme Advi Boards of Collier County, Florida. Cou ', Florida SWORN TO (OR AFFIRMED) AND SUBSCRIBED before me this ly-t\r-, day of v -�.bcr 2012, by Jeffrey A. Klatzkow. He is personally known to me or has produced (type of identification) as identification. r SIGNATURE OF NOTARY PUBLIC c- F.Mw ►V NoswypumsuteofFWW& PRINT YPEORSTAMP �a" f �ocoDDe01os5 COMMISSHMED NAME OF NOTARY PUBLIC MY COMMISSION EXPIRES: 1'� 3 `�. Packet Page -1859- 9/23/2014 16. B.1. 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, E} Richard A. Machek State Director Enclosure cc: A06 USDA Is an equal opportunity provider and employer. If you wish to file a Civtl Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form. found online at http :f /www.aser.usda.gavtwmpiciAL filtng_cuat.htmi, or at any USDA office, or call (886) 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 mall at U.S. Department Agriculture, Director, office of Adjudication, 1400 Independence Avenue, 8.W„ Washington, D.C. 20250.9410, by fax (202) 690 -7442 or email at pmgramJntake@usdo.gov. Packet Page -1960- USDA United States Department of Agriculture Rural Development July 10, 2013 Office of the State Director Penny Philiippi Florida/Virgin Islands Collier County Community Redevelopment Agency 4440 NW 2501 Place Immokalee Post Office sox 1320 N. 150' Street, Ste 2 147010 Immokalee, FL 34142 Gainesville, FL 32814 -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 n 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, E} Richard A. Machek State Director Enclosure cc: A06 USDA Is an equal opportunity provider and employer. If you wish to file a Civtl Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form. found online at http :f /www.aser.usda.gavtwmpiciAL filtng_cuat.htmi, or at any USDA office, or call (886) 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 mall at U.S. Department Agriculture, Director, office of Adjudication, 1400 Independence Avenue, 8.W„ Washington, D.C. 20250.9410, by fax (202) 690 -7442 or email at pmgramJntake@usdo.gov. Packet Page -1960- USDA Form RD 1940.1 9/23/2014 163.1. FORM APPRWi .ib REQUEST FOR OBLIGATION OF FUNDS OMB No. 0670•0V:31 OMS No. QG7R•I)fu37. INSTRUCTIONS -TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED ( j y I ' compieze items -i mrougn za.ana appucavis items su mrougn 44. See I-Mi. 1. CASE NUMBER LOAN NUMBER FISCAL YEAR ST CO BORROWER 10 09- 011 - 596000558 2013 2. BORROWER NAME S. NUMBER NAME FIELDS Community Redevelopment Agency 3 1 0. z, 0100mltM 2) 4. STATE NAME 1320 N 15th Street IFlorida S. COUNTY NAME Immokalee FL 34142 Collier GENERAL BORROWERILOAN INFORMATION . . 8. RACEIETHNIC 7. TYPE OF APPLICANT 8. COLLATERAL CODE 9. EMPLOYEE CLASSIFICATION +- INS))VIWAL °- oRQ.OFFMMEAB 7 -N ONPROFfT•BEi2J1AR I- RMLEWATE 4•MACMERYONLY RELATIONSHIP CODE 1 -WHITE 4- HISPAN0 2- AA1iTNERBNP S • NONPA;OFIr•FAITHBAND ].CORF'ORgTION 9- INOIIW TfU88 88CURM 6- LMMOCK&LY 2•RFJU. ESTATE 1 - EMPLOYEE 2- 1fFlABER OP FAINLY 2 -BLACK 5 -AIM 3 4 •PUBLIC BQOY fi- ASSOC.•9F -•: 164'UeLIRC01180FAAaVER81TY 7•CROF80fRY MOGT4ATTEl ).eF_CIXfEDBY S- NOTBONLYOR BONDS 4_AW REIAATME -ANAN 4 FANMERB f1.OTHER CHATTELOmY 6- wFACCT 10.8EX CODE i oaaANY aALltsoyLNeo 11. MARITAL STATUS 12. VETERAN CODE 13. CREDIT REPORT f •MICE 6.OROANF77AMEONNED 6 14MME0 3- MMMRIFOMMIUMS 1 YES 1. 1. 2FEMALE PUB= BODY 2- SEPARATED MOWEOXWOP90) 2-NO 14. DIRECT PAYMENT 15. TYPE OF PAYMENT 18. FEE INSPECTION • AO�:h.;:•. 1$pB FMp f- MOHIHLY 3•flEm•AHNOALLY YES !'~ ,t•�?%t;t: 2•NMMALLY 4•QUMTERLY 2'. -NO 1 n 5'i nii 17. COMMUNITY SIZE 18. ijSE OF FUNDS CODE 10rnre°0Da°RO6`o� POO Y) I tSftFMII - COMPLETE FOR OBLIGATION OF FUNDS 19. TYPE OF 20. PURPOSE CODE 21. SOURCE OF FUNDS 22. TYPE OF ACTION ASSISTANCE 121 1 a9U0ATI0NONLV ( FMII _ 081 1 S- CORRECTIMOF08LLRATIM 23. TYPE- OF SUBMISSION 24. AMOUNT OF LOAN 26, AMOUNT OF GRANT I -INMAL :.suesmuENr i $0.00 $35,000.00 26. AMOUNT OF 27. DATE OF 28. INTEREST RATE 29. REPAYMENT TERMS IMMEDIATE ADVANCE APPROVAL MO DAY 'YR 3 0% 0 COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE - FAMILY HOUSING LOANS 30. PROFIT TYPE 2- UMITFDPROFIT 1- FULLPROFIT S- NONPROFIT COMPLETE FOR EM LOANS ONLY COMPLETE FOR CREDIT SALE ASSUMPTI( M 32, TYPE OF SALE •� 31. DISASTER DESIGNATION NUMBER r- FW 2- ASSUbV11ONONLY t n:::Y:. ;• 1 •CREI)liBAIE- -ONLY S.CRE0179A18 YNIH SU86EQUBNr LOAN Wut'i .!; •-: . FINANCE OFFICE USE ONLY COMPLETE FOR FP LOANS ONLY i 33. OBLIGATION DATE 34. BEGINNING FARMERIRANCHER MO DA YR {SeeFMp . r i {tdndeeWomvamalxmda3orelalifflm malninrkdal ,ndtteftmw4aaeetbdmgfUSDAwrls ma.lunury•ayrrarlbbdmkia+adln aiettrtagor} nnmm•ngaet/am,*wb, Rem Ofalaamite - Plum Nre tie fomn tae too 1NCladedfardWSparpasc Poo tlDn 2 ORIGINAL - Borrowers Case Folder COPY 1 - Finance Office COPY 2 - Applicantll.ender COPY 3 - Stato Ofllct+ AccorY/in to the Paperwo►kReductlon iltx of l993, an age►rc� Wray not condrret or sponsor, and a person is not required to rr �,nnri : r, .: in ornratron unless It displays a valid OMD conhn! number 17te valid OhfB controtnumberfor thts blfonnatron collection is r•;:1: -!:r:t 0 70 -0062. The time rxqurrecl to complete this information collection is esti+natad to average 15 minutes per response, inclrlltilt; ; :bt reviewing instructions, semching exislingdala sources, gathering and maintaining the data needed, and completing and revte;arr:.; ! idgformatrotr. Packet Page -1861- 9/23/2014 16.6.1. CERTIFICATION APPROVAL .0 For All Fanners Programs MA, OL, FO, and SW This loan is approved subject to the availability of funds. If this loan does not close for any reason within 94 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 All See attached 1942 -0, 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 IT 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 'Joan 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 many f is , fictitious or fraudulent statement or entry, shall be fined under this Nth p is ed ore than five yea , pr hoot" Date Lit 20 13 '0000.;i�� (Signature, q%dppJir atrl) Date , 20 —.. 37 1 HEREBY 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 (he di,,,! . that all requirements of pertinent regulations have been complied with. I hereby approve the above - described assist (it io, amount set forth above, and by this document, subject to the availability of funds, the Government agrees to advnoz - •.i trim amount to the applicant for the purpose of and subject to the availability p scribed by regulat plic"w'.',10 assistance. - Approved as to fom and legality -- (Signature of,4pprowng r7lr; li,i,: Typed or Printed Name: JOSEPH X, 1wIMELIfER Alwlistant Colidy Attomoy, Acting , Date Approved: bld Title- State Direcotoz ,•e" 38. TO THE APPLICANT: As of this date O / , this is notice that yotti pp tl.* a ,(iii i r:, i from the USDA has been approved, as indic ed above, subject to the availability of fun thnrlafio�ms_? :; ;� the USDA. If you have any questions contact the appropriate USDA Servicing Office. Packet Page -1862 - 9/23/2014 163.1. Form RD 1940 - 1 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 1442, 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 44VMVCd as to form and legality ��7 aistant County homey Packet Page -1863- S t,?.. 7 RD Instruction 1942 -G Attachment 1 Page S (Revision 2) 9/23/2014 16.B.1. M. Grant cancellation. Grants may be cancelled by the grant approval official by use of Form RD 1,940 -10, "Cancellation of U.S. Treasury Check and /or Obligation." The State Director will notify the applicant by l.et:tnr. that the grant has been cancelled. A copy of the letter will be sent - the applicant's attorney and engineer and to the Regional Attorney, (J(3c, ;.t 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 do 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 ci.t ;rci 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 property" means property of any kind except real property. It may be tangi.bl- having physical existence - or intangible - having no physical exj.;:!- such as patents, inventions, and copyrights. "Nonexpendable persona:: property" means tangible personal property having a useful life of moko than 1 year and an acquisition cost of $300 or more per unit. A grard tao may use its own definition of nonexpendable personal property provi.dc;cf 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 nonexpendable property is acquired by a grantee with project funds, shall not be taken by the Federal Government but shall be vested in grantee subject to the following conditions: (Revised 07- 16 -03, PN 36t..1 Packet Page -1864- 9/23/2014 16.B.1. RU Instruction 1942 -G Attachment I Page BA (Added 07- 17 -02, PN 348) 1. Flight to transfer title. For items of real or nonexpendable personal property having a unit acquisition cost of $11000 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:nn 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.roje:(J 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 -1865- 9/23/2014 16.B.1. 0 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 Hie 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 Development. 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 interfr-ru with the work on the project or program for which the property 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 ar programs sponsored by other Federal agencies. If the proi- owned by the Federal Government, use for other activities.: sponsored by the Federal Government shall be permissible ii authorized by Rural Development. User charges should be considered, if appropriate. 3. Disposition of real or nonexpendable personal property. When Ho, 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 P.)a n $1,000. The grantee may use the property for other activit::io:j without reimbursement to the Federal Government or sell the property and retain the proceeds. (08- 20 -92) SPECIAL PN Packet Page -1866- 9/23/2014 16.B.1. 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 compensat:ioti 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 granto C. "dgency . c. Rural Development shall determine whether the property can 1, used to meet the agency's requirements. If no need exist:: wi.�• Rural Development, the General Services Administration's I'ncic,•i; 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 propex;:y other than as described. in Section-B, paragraphs IIT a 3 of this Attachment, the grantee shall be reimburso,: 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 inch•.':.. the following procedural requirements:illl a. Property records shall be maintained accure::.•: 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 -1867- (06- 20 -92) SPECIAL PN 9/23/2014 16. B.1. W RD Instruction 1942-••G Attachment 1. Page 1.1 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 acquiz:oct. (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. 14 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 record. .. least once every 2 years. Any differences betrn•.- quantities determined by the physical inspectioe, those shown in the accounting records shall be investigated to' determine the causes of the The grantee shall, in connection with the invent.oi: ; verify the existence, current utilization, and continued need for the property. Packet Page -1868- RD Instruction 1942 -G Attachment 1 Page 12 9/23/2014 16.B.1. i 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 Enlly documented; if the property was owned by the Mack -:t.aJ Government, the grantee shall promptly notify Rural Development. R. Adequate maintenance procedures shall be implemented to keep the property in good condition. f. Where the grantee is authorized or required to sc -i1; the property, proper sales procedures shall be established which would provide for completion to Hic. 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 u.,jo on nonfederally sponsored activities, or sell it, but must, in either case, compensate the Federal Goverrnu -nt- for its share. The amount of compensation shall. Ix, computed in the same manner as nonexpendable peraort�s: 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 gra ;ti;- may be permitted to take title to the Federal interest therein upon compeo.-:,t the Federal'Government for its fair share of the property. The Federal the property -shall be the amount computed by applying the percentage of t-., 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 -1869- 9/23/2014 16.B.1. fti RD Instruction 1942 - -C, 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 xace, 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 aroet 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. :4 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.-I 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 1:3 needed. The grantee shall obtain approval of the grantor before us:im; 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 financier.! results of each grant. Financial reporting will be on an accru.,.;. basis. 2. Records which identify adequately the source and application :; funds for grant - supporting activities. Those records shall contain 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 enstiv that they are used solely for authorized purposes. 4. Accounting records supported by source documentation. (08- 20 -92) SPECIAL PN Packet Page -1870- 9/23/2014 16.6.1. 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 the 3 -year period if audit findings have not been resolved. Microfi.i,ll copies may be substituted in lieu of original records. The grantor and thce 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 nnt-. -o for and complete any necessary environmental assessments or Environmeni:a1, 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 ptiini:i: periodic inspection of its operations by a designated representative „t' grantor. M. Not to encumber, transfer, or dispose of the property or any park thereof, furnished by the grantor or acquired wholly or in part wii:h grantor funds without the written consent of the grantor except a:; in Section B, paragraph III. A. of this Attachment. N. Execute Form RD 400 -i, Form RD 400 -4, and any other agreements required by grantor to implement the civil rights requirements. If 0y such form has been executed by grantee as a result of a loan being tiwot.- grantee by grantor contemporaneously with the making of this grant, anol'.i,- form of the same type need not be executed in connection with this Packet Page -1871- 9/23/2014 16.B.1. W 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 -1872- fi, 9/23/2014 163.1. 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. +;i 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 defaua:ts 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 is 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 shr -.01 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 privilege :: to the materials developed under this grant, such material being the sote property of the Federal Government. In the event anything developed this grant is published in whole or in part, the material shall coral:.,,. notice and be identified by language to the following effect: "1'hc. material is the result of tax - supported research and as such is not. copyrightable. It may be freely reprinted with the customary ereditim; the source." V. That the grantee shall abide by the policies promulgated in 7 CISJt I" 3015, 3016, and 3019 which provides standards for use by grantees in establishing procedures for the procurement of supplies, equipment, anrl other services with Federal grant funds. (Revised 07-16 -03, PN 361.s W. To the following termination provisions: (08- 20 -92) SPECIAL PN Packet Page -1873- RD Instruction 1992 -G Attachment 1 Page 16 (Revision 1) 9/23/2014 16.6.1. 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 comp).y <<if.h the conditions of the grant. The grantor agency shall promptly nc,j.i1./ 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 resultn commensurate with the further expenditure of funds. The two pax•1•ir,: shall agree upon the termination conditions, including the effect i�. 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 effedtive date, and shall cancel as many outstanding obligations as possible. The grantor agency shall a7.1ow full credit to the grantee for the Federal share of the noucancelabl••, obligations, properly incurred by the granWe 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 301.5, 3016, and 3019. (Revised 07- 16-03, PN 361.) Packet Page -1874- _USDA A" United States Department of Agriculture Rural Development June 10, 2013 North Ft Myers Sub -Office 3434 Hancock Bridge Tim Nance Pkwy, Ste 209 -A Collier County Board of County Commissioners North Ft Myers FL Community Redevelopment Agency - Immokalee 33903 -7005 1320 North 15th Street Voice 239.997.7331 Immokalee FL 34142 Fax 239.997.1425 RE: Immokalee Business Development Center Feasibility Study - $35,000 Dear Mr. Nance: LETTER OF CONDITIONS 9/23/2014 16.8.1. This letter establishes conditions which must be understood and agreed to by you before further consider=ation may be given to the application. Any changes in project cost, source of funds, scope of services, or any other significant changes in the project or applicant must be reported to and approved by Rural Development (RD) by written amendment to this letter. Any changes not approved by RD shall be cause for discontinuing processing of the application. This letter is not to be considered as grant approval or as a representation as to the availability of funds. The docket may be completed on the basis of a Rural Development, Rural Business Enterprise Grant not to exceed $35,000. By accepting this Letter of Conditions, the signatory, a corporation, attests that' NON - PROFIT CORPORATION has not been convicted of a felony criminal violation under Federal law in the 24 months preceding the date of signature, nor has any officers or executive director of NON - PROFIT CORPORATION been convicted of a felony criminal violation under Federal law in the 24 months preceding the date of signature. By accepting this Letter of Conditions, the signatory, a corporation, attests that NON - PROFIT CORPORATION does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. USDA Is an equal opportunity provider and employer. If you wish to fie a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at htipJiwww.asor.usda.gov/coinplaint—flilng_eust.html, or at any USDA office, or call (606) 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 Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250 -9410, by fax (202) 690.7442 or email at program.intake@usda.gov. Packet Page -1875- 9/23/2014 16.B.1. 2 Collier County Board of County Commissioners Community Redevelopment Agency — Immokalee Page 2 Please complete and return the attached Form RD 1942 -46, "Letter of intent to Meet Conditions," if you desire that further consideration be given your application. If the conditions set forth in this letter are not met within 45 days from the date hereof, Rural Development (RD) reserves the right to discontinue the processing of the application. The grantee certifies that the project and /or technical assistance provided is benefiting rural areas and small and emerging businesses as defined in RD Instruction 1942 -G. You, as the recipient, must maintain the currency of your information in the SAM until you submit the final financial report required under this award and all grant funds under this award have been disbursed or de- obligated, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. Applicant agrees to comply with RD Instruction 1942 -G, Attachment 1, Section B. The applicant will comply with all the covenants of this attachment including the maintenance of Financial Management Systems provided therein. The grantee must certify at least 51 % of the outstanding interest in the project has membership or is owned by those who are either citizens of the United States or reside in the United States after being legally admitted for permanent residence. Applicant Contribution Prior to commencement of construction or closing of grant grantee will provide certification that no funds will be contributed by the grantee to this project. All funds from other sources (the grantee or other contribution, in -kind contributions, etc) will be utilized simultaneously with or before RD grant funds. Form Requirements The grantee must agree to comply with the requirements of Form RD 400 -1, "Equal Opportunity Agreement" and Form RD 400 -4, "Assurance Agreement." These agreements must be approved by the governing body and executed before grant approval. All forms needed for required RD reports will be furnished by this office. Packet Page -1876- 9/23/2014 16.8.1. 3 Collier County Board of County Commissioners Community Redevelopment Agency — Immokalee Page 3 Federal Requirements Facilities financed with RD grant funds and which are accessible to the public or in which physically handicapped persons may be employed must be developed in compliance with the Architectural Barriers Act of 1968. Under section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. 794), no handicapped individual in the United States shall solely by reason of their handicap be excluded from participation in, be denied the benefits of or be subject to discrimination under any program or activity receiving RD financial assistance. The project will be in compliance with the National Historic Preservation Act of 1966. The project must be in compliance with Executive Order 11988 "Floodplain Management" and Executive Order 11990 "Protection of Wetlands." The grant is subject to Title VI of the Civil Rights Act of 1964 and any amendments. Title VI states that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. The project must comply with the requirements set forth in Title 7, Subtitle A, Part 21 of the Code of Federal Regulations (Uniform Relocation and Real Property Acquisition Policies Act). The grantee will need to provide evidence of compliance with all applicable Federal, State and local requirements. Other ProiecVFund Requirements You, as the recipient, must maintain the currency of your information in the Central Contractor Registration and Universal Identifier Requirement (CCR) until you submit the final financial report required under this award and all grant funds under this award have been disbursed or de- obligated, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. If final eligible costs of the project are less than the estimated costs at the time of project approval, proportionate reductions will be made of the Federal share of the project cost. Any excess funds above those funds permitted for allowable grant purposes will be refunded by the grantee, RD may also recover amounts which by subsequent investigation are found to have been improperly spent by the grantee, Packet Page -1877- 9/23/2014 16.8.1. 4 Collier County Board of County Commissioners Community Redevelopment Agency -- Immokalee Page 4 In the event that the work intended to be financed by the grant shall not have been completed or committed by contract within twelve (12) months after the date hereof, Rural Development reserves the right to terminate the grant and all obligations thereunder. It is imperative that the grantee establish and maintain adequate business management practices through a system of records, reports and audits which will assist the governing body in making effective decisions and thus help to insure a successful operation. Prior to grant closing the grantee will enter into a contract with a qualified auditor to conduct the annual audit in accordance with Generally Accepted Government Auditing Standards (GALAS). These requirements only apply to the years in which grant funds are received. In addition, the audits are also to be performed in accordance with various Office of Management and Budget (OBM) circulars and RD requirements. RD must approve the Authority's accounting and financial reporting system prior to grant closing or commencing construction, which ever occurs first. On or before date of grant closing, compliance with the provisions of the RD's closing instructions will be required. Grant Closing RD must insist on the following at grant closing: a. A certification from the grantee's attorney of the applicant's continued existence as a public body /non profit corporation on the date of grant closing. Fund Disbursement Grant funds will be disbursed by Rural Development on a reimbursement basis. Request should not exceed one advance every 30 days. The financial management system of the recipient organization shall provide for effective control and accountability of all funds, property and other assets. 1. As needed, but not more frequently than one every 30 days, an original and one copy of Form SF 270, "Request for Advance or Reimbursement ", may be submitted to Rural Development, Recipient's requests for advance shall not be made in excess of reasonable outlays for the month covered. 2. Grantee shall provide satisfactory evidence to Rural Development that all Officers of Grantee organization authorized to receive and /or disburse Federal Funds are covered by such bonding and /or insurance requirements as are normally required by the Grantee. Packet Page -1878- 9/23/2014 16. B.1. 5 Collier County Board of County Commissioners Community Redevelopment Agency — Immokalee Page 5 3. Within 60 days after the final expenditure of grant funds, the grantee will provide a report to allow RD to determine that grant funds have been used in compliance with the proposal, and any applicable laws and regulations, and the grant agreement. Reportina Requirements Form SF- 425, "Financial Status Report," and Form SF -PPR Project Performance Activity Report will be required of the grantee on a quarterly basis (due 30 days after the end of the quarter (Dec 31St, March 31St June 30th & Sept 30th). A final Project Performance Report will be required with the last SF -425 and is due 90 days after grant close out when all the work has been completed. The final report may serve as the last quarterly report, Grantees shall constantly monitor performance to ensure that time schedules are being met, project work by time periods are being accomplished, and other performance objectives are being achieved. Grant Close Out RD must insist on the following at grant out: a. An affidavit by the contractor preparing the feasibility study that he has been paid -in- full in accordance with the terms of the contract, and that he has paid all subcontractors, if applicable. If the applicant decides to accept RD services under the above conditions, we will take the necessary steps to complete processing of the grant, Sincerely, MICHAEL T. BOTELHO l�tt Area Director MTB /ckg Enclosures Packet Page -1879- CRA Governing Board )mmissioner Donna Fiala Chair Commissioner Tom Henning Commissioner Tim Nance Commissioner Fred W. Coyle Commissioner Georgia Hiller CRA Advisory Board State Enterprise Zone Aeenev Board Mike Facundo Chairman Edward "Ski" Olesky Carrie Williams Julio Estremera Cristina Perez Floyd Crews James Wall Estil Null Frank Nappo Martha Williams Robert Hallman Ex- officio CRA Staff Bradley Muckel CRA Interim Director Christie Betancourt CRA Administrative Assistant James Sainvilus MSTU Project Manager IMMOKALEE CRA/� Collier County Community Redevelopment Agency September 23, 2014 Ms. Christine Goddard BCS Specialist/Energy Coordinator Rural Development U.S. Department of Agriculture Florida & U.S. Virgin Islands 3434 Hancock Bridge Pkwy., Suite 209 -A N Ft. Myers, FL 33903 Phone: (239) 997 -7331 ext. 113 /Fax: (855) 475 -8043 christine. og ddardgn,fl.usda. og_v Dear Ms. Goddard, 9/23/2014 16.6.1. We regret to inform you that the Collier County Community Redevelopment Agency (CRA) is terminating the Rural Business Enterprise Grant that was awarded to our CRA by your agency last year. Accordingly, pursuant to Section W, Paragraph 2, please consider this termination for convenience effective immediately. As a rural community in the south central Florida region, we sincerely appreciate the assistance that USDA has provided through this RBEG grant opportunity and hope that this does not in any way reflect negatively on our capabilities, inhibiting future grant funding through your agency. Sincerely, Commissioner Donna Fiala CRA Chair - Collier County, FL [14 -CRA- 00300/1113292/11 750 South 5ch Street Immokalee, FL 34143 239.867.0025 Packet Page -1880-