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Agenda 05/28/2013 Item #14B2 5/28/2013 14.B.2. EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners (BCC), as the Community Redevelopment Agency(CRA), to approve the Immokalee's CRA's attached proposed Exit Strategy for the Immokalee Business Development Center (IBDC) and authorize the County Attorney to prepare the necessary documents for future CRA Board consideration. OBJECTIVE: To obtain approval of the Immokalee's CRA's attached proposed Exit Strategy for the Immokalee Business Development Center (IBDC) and authorize the County Attorney to prepare the necessary documents for future CRA Board consideration. CONSIDERATIONS: On January 22, 2013, under Item #10F, the Board of County Commissioners, as the CRA, directed that actions be taken to allow the IBDC to be operate as an independent not-for-profit entity and authorized the continued operation of the IBDC under the CRA until such time as the IBDC had established its new operating status. In order to accomplish this transition, the Immokalee CRA is proposing the attached Exit Strategy for the IBDC. After careful consideration and review by the appropriate County departments, this strategy is the best option for the IBDC transition from a CRA entity to an independent not-for- profit entity. FISCAL IMPACT: Sufficient funds exist in the FY2013 Budget. Potential fiscal impact associated with this recommendation is in the amount of$100.00 per month for the period of July 1, 2013 to December 31, 2013 to be paid by the Collier County CRA-Immokalee Fund 186- 138324. CONSISTENCY WITH GROWTH MANAGEMENT PLAN: This action will have no impact on the Collier County Growth Management Plan. ADVISORY BOARD RECOMMENDATION: By unanimous vote, during the regular meeting of the Immokalee Local Redevelopment Advisory Board on May 15, 2013, the Advisory Board voted to approve a recommendation to the BCC, as the CRA, that it approve the attached Exit Strategy for the IBDC. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. JAB RECOMMENDATION: To obtain BCC approval of the Immokalee's CRA's proposed Exit Strategy for the Immokalee Business Development Center (IBDC) and authorizes the County Attorney to prepare the necessary documents for the CRA Board consideration. PREPARED BY: Marie Capita, Center Manager of the IBDC Attachment: 1. Exit Strategy 2. List of equipments, furniture, supplies 1 Packet Page-156- 5/28/2013 14.B.2. Exhibit A Immokalee CRA Proposed Exit Strategy for the 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 IBDC 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 December 31, 2013 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 December 31, 2013. 3. Presently CRA staff occupies a building located at 1320 North 15th Street in Immokalee under a lease that expires on July 15, 2013. Because the IBDC plans to separate from the CRA no later than January 2013, it is no longer necessary for the CRA to lease a facility large enough to house the IBDC and its clients. Subject to CRA approval, CRA staff will be relocating to a smaller space within the Southwest Florida Works building located at 750 South Fifth Street, Immokalee, Florida as of July 1,2013. Hodges University has agreed to lease office space to the IBDC at 1170 Harvest Drive in Immokalee for the nominal fee of$100.00 per month; which includes water and sewer, trash removal and exterior maintenance (including landscaping). Leasing from Hodges presents the best option for the IBDC because Hodges also agreed to lease its facility to the soon to be created not for profit entity after December 31, 2013. The Hodges' lease would commence on July 1, 2013. If the CRA Board approves this recommendation, the CRA staff will bring this lease for approval at the CRA's next meeting. 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 2 Packet Page-157- 5/28/2013 14.B.2. 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. This will create a 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 December 31, 2013, 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). 3 Packet Page-158- 5/28/2013 14.B.2. COLLIER COUNTY Board of County Commissioners Item Number: 14.14.B.14.B.2. Item Summary: Recommendation for the Board of County Commissioners (BCC), as the Community Redevelopment Agency(CRA),to approve the Immokalee's CRA's attached proposed Exit Strategy for the Immokalee Business Development Center (IBDC) and authorize the County Attorney to prepare the necessary documents for future CRA Board consideration. Meeting Date: 5/28/2013 Prepared By Name: CapitaMarie Title: VALUE MISSING 5/15/2013 4:24:57 PM Submitted by Title: VALUE MISSING Name: CapitaMarie 5/15/2013 4:24:58 PM Approved By Name: MuckelBradley Title: Project Manager, Date: 5/15/2013 4:49:47 PM Name: MarkiewiczJoanne Title:Manager-Purchasing Acquisition,Purchasing&Gene Date: 5/17/2013 11:06:16 AM Name: TibbettsRhonda Date: 5/17/2013 11:06:31 AM Name: Joshua Thomas Title: Grants Support Specialist, Date: 5/17/2013 11:22:15 AM Packet Page-159- 5/28/2013 14.B.2. Name: BelpedioJennifer Title:Assistant County Attorney,County Attorney Date: 5/17/2013 2:11:52 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 5/19/2013 10:21:58 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 5/20/2013 9:47:13 AM Name: KlatzkowJeff Title: County Attorney Date: 5/20/2013 3:57:15 PM Name: SIRE Administrator Date: 5/21/2013 12:12:02 PM Name: OchsLeo Title: County Manager Date: 5/21/2013 1:39:49 PM Packet Page-160- 5/28/2013 14.B.2. 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Exhibit C Suncoast Donation ITEM SERIAL NUMBER HP FLAT SCREEN MONITOR CNP519K18L HP FLAT SCREEN MONITOR CNC018P01R HP FLAT SCREEN MONITOR 3CQ031B51V HP FLAT SCREEN MONITOR CND7344WT8 HP FLAT SCREEN MONITOR CNC018NZQZ HP FLAT SCREEN MONITOR CNC050QTHY HP FLAT SCREEN MONITOR CNP519K18M HP FLAT SCREEN MONITOR CNP519K13J HP FLAT SCREEN MONITOR CNP519K18K HP FLAT SCREEN MONITOR CNP519KI3W DELL KEY BOARD CNORH659-73571-790-0096 DELL KEY BOARD CNORH659-73571-9A40355 ?(CB) HP KEY BOARD B93ABOAVBRT1ID HP KEY BOARD B68BAOMLPRX43J HP KEY BOARD B68BAOMLPRX4UI HP KEY BOARD BAUDROKVBOL5OZ HP KEY BOARD B68BAOMLPRX4UL HP KEY BOARD B93ABOAVBRT8KB HP KEY BOARD B68BAOMLPRX4F8 HP KEY BOARD B68BAOMLPRX3ZK HP TOWER-Compaq CC5100SFF 2UB523013J HP TOWER-Compaq CC5100SFF 2UB53105BZ HP TOWER-Compaq CC5100SFF 2UB53105CH HP TOWER-Compaq CC5100SFF MXL602029J HP TOWER-Compaq CC5100SFF 2UB53105B0 HP TOWER-Compaq CC5100SFF MXL5350659 HP TOWER-Compaq CC5100SFF MXL535066J HP TOWER-Compaq CC5100SFF MXL535066F HP TOWER-Compaq CC5100SFF MXL535069D HP TOWER-Compaq CC5100SFF MXI602026W Atki Packet Page-165-