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Agenda 10/08/2013 Item #16B1 10/8/2013 16.B.1 . EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (BCC) acting in its capacity as the Collier County Community Redevelopment Agency (CRA): (1) extend the dissolution date of the Immokalee Business Development Center (IBDC) from December 31, 2013 to March 30, 2014 so that the IBDC may carry out its previous commitment to conduct a USDA grant-funded feasibility study related to that Center's viability within the Immokalee Community, and (2) accept a $35,000.00 Rural Business Enterprise Grant(RBEG) from the US Dept. of Agriculture(USDA) and approve the attached budget amendment. OBJECTIVE: To extend the dissolution date of the Immokalee Business Development Center (IBDC) so that its previous USDA grant funded obligation to conduct a feasibility study related to that Center's viability within the Immokalee Community can be carried out. CONSIDERATIONS: On November 13, 2012, the BCC, acting as the CRA, approved the submission of a RBEG application to the USDA for funding to conduct a study to determine if it is feasible to expand the Immokalee Business Development Center(Agenda Item 14.B.7). On July 10, 2013, the CRA was notified that it was awarded the $35,000.00 for the project known as the Immokalee Business Development Center Feasibility Study, Funded Program 33286-01. The USDA's authorized representative has signed the CRA's application documents to obligate the funds.Accordingly, no further documentation is necessary to submit to the USDA to accept the grant. Pursuant to prior Board direction on January 22, 2013, Item 1OF, the IBDC is transitioning to a not-for- profit corporation by the end of this year. In order for the Board to pay the consultant for the feasibility study it must be completed while the IBDC is operating as a function of the CRA(on or before December 31, 2013). Due to grant administrative processes, completing the subject feasibility study will require a 90-day extension to the previously agreed upon IBDC dissolution date of December 31,2013 FISCAL IMPACT: A budget amendment is required to recognize federal grant proceeds in the amount of$35,000 from USDA within Immokalee CRA Grant Fund (715)Project 33286. CONSISTENCY WITH GROWTH MANAGEMENT PLAN: This action will have no impact on the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board action. --JAB RECOMMENDATION: That the Board of County Commissioners (BCC) acting in its capacity as the Collier County Community Redevelopment Agency (CRA): (1) extend the dissolution date of the Immokalee Business Development Center (IBDC) from December 31, 2013 to March 30, 2014 so that the IBDC may carry out its previous commitment to conduct a USDA grant-funded feasibility study related to that Center's viability within the Immokalee Community, and (2) accept a $35,000.00 Rural Business Enterprise Grant (RBEG) from the US Dept. of Agriculture (USDA) and approve the attached budget amendment. PREPARED BY: Marie Capita, Center Manager-Immokalee Business Development Center Packet Page-1745- 10/8/2013 16.B.1. Attachment: 1. Award Letter 2. Budget Amendment Packet Page-1746- 10/8/2013 16.B.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.B.16.B.1. Item Summary: Recommendation that the Board of County Commissioners (BCC) acting in its capacity as the Collier County Community Redevelopment Agency(CRA)to (1) extend the dissolution date of the Immokalee Business Development Center(IBDC)from December 31, 2013 to March 30, 2014 so that the IBDC can carry out its previous obligation to conduct a USDA grant-funded feasibility study related to that Center's viability within the Immokalee Community, and (2) accept a $35,000 Rural Business Enterprise Grant (RBEG) from the US Dept. of Agriculture (USDA) and approve the attached budget amendment. . Meeting Date: 10/8/2013 Prepared By Name: CapitaMarie Title: VALUE MISSING 9/23/2013 4:10:22 PM Submitted by Title:VALUE MISSING Name: CapitaMarie 9/23/2013 4:10:23 PM Approved By Name: KaseeskaMillie Date: 9/24/2013 12:14:52 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 9/25/2013 2:31:52 PM Name: MuckelBradley Title: Project Manager, Date: 9/26/2013 2:29:01 PM Packet Page-1747- 10/8/2013 16.B.1. Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Date: 9/27/2013 6:30:36 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 9/30/2013 8:30:37 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 9/30/2013 8:50:35 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 9/30/2013 10:08:59 AM Name: KlatzkowJeff Title: County Attorney Date: 9/30/2013 11:38:27 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 10/1/2013 9:42:01 AM Packet Page-1748- 10/8/2013 16.B.1. USDA United States Department of Agriculture Rural Development July 10, 2013 Office of the State Director Penny Phillippi FloridaNirgin Islands Collier County Community Redevelopment Agency 4440 NW 25th Place Immokalee Post Office Box 1320 N. 15th Street, Ste 2 147010 Immokalee, FL 34142 Gainesville,FL 32614-7010 Re: Feasibility Study- Immokalee Business Development Center Tel:(352)338-3402 Rural Business Enterprise Grant $35,000" FAX:(352)338-3405 TDD:(352)338-3499 Dear Ms. Phillippi: Website: www.rurdev.usda.gov/ I am pleased to advise that the above referenced grant has been approved and the fl appropriate funds have been obligated. As you are aware, this approval is subject to the terms of the Letter of Conditions dated June 10, 2013. Enclosed herewith is a copy of Form 1940-1, Request for Obligation of Funds with attachments, which is being provided for your file. This form has been signed to indicate approval and obligation of funds. We are pleased that Rural Business and Cooperative Service is able to assist Collier County to determine if the current space in Immokalee is adequate to meet the needs of the community or if it is feasible to build a new structure with space to lease, offices, training, support services as well as food production facility to help food and agricultural businesses. Sincerely, 2 f Richard A. Machek State Director Enclosure cc: A06 USDA is an equal opportunity provider and employer. If you wish to file a Civil Rights program complaint of discrimination,complete the USDA Program Discrimination Complaint Form,found online at http:Nwww.ascr.usda.gov/comptaint_rlling_cust.html,or at any USDA office,or call(866)632-9992 to request the form.You may also write a letter containing all of the information requested in the form.Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture,Director,Office of Ariii viiratinn iann Inrienandence Avenue,S.W.,Washington,D.C.20250-9410,by fax(202) 690-7442 or email at program.intake@ua Packet Page-1749- 10/8/2013 16.B.1 . USDA FORM APPR 'vc::.: Form RD 1940-1 REQUEST FOR OBLIGATION OF FUNDS OMB No.05/0-Oo:,.t (Rev.06-10) OMB No.057(1.110,1•.! INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED( ) Complete Items 1 through 29 and applicable Items 30 through 34.See FMI. 1.CASE NUMBER LOAN NUMBER FISCAL YEAR ST CO BORROWER ID _ 09-011-596000558 2013 . 2.BORROWER NAME 3.NUMBER NAME FIELDS Community Redevelopment Agency 31 (t.2,or3 from Item 2) 4.STATE NAME 1320 N 15th Street Florida 6.COUNTY NAME Immokalee FL 34142 Collier GENERAL BORROWER/LOAN INFORMATION - 6.RACE/ETHNIC 7.TYPE OF APPLICANT 8.COLLATERAL CODE 9.EMPLOYEE CLASSIFICATION 1-INDIVIDUAL 6-0RO.OF FARMERS I-REAL ESTATE 4•MACHINERY ONLY RELATIONSHIP CODE 7-NONPROFIT•SECULAR 3•CORPORATION 6•NONPROFIT-FAITH BASED 2E-REAL ESTATE 6-CROPS ONLY 1-EMPLOYEE 1-NMITE 4-HISPANIC 9-ENDOW TRIBE 2-MEMBER GF FAMILY 2-BUCK 5.AIPI 4-PUBLIC BODY 10-PUBLIC COLLEGE/UNIVERSITY AND CHATTEL 7•SECURED BY S•CLOSE RELATIVE 13-NIAN 4 15 FARMERS F- 11-OTHER 13 CHA NOTE TELONLYR 6-RLFAOCT 14•ASSOC. 10.SEX CODE i-aaa.MALEQYN1EO 11.MARITAL STATUS 12.VETERAN CODE 13.CREDIT REPORT 6 I1•MALE . 5.ORGAN FEMALE OWNED I I-MARRIED 3-UNMARRED(INCLUDES I1-YES I I YES 2-FEMALE 6-PUBLIC BODY 2-SEPARATED WOOWEDIDIVORCE� 2•NO 2-NO 14.DIRECT PAYMENT 15.TYPE OF PAYMENT 16.FEE INSPECTION ^ K3 x al` N .n t P , i k � 1-MONTHLY 3-SEMIANNUALLY 1•YES l r/ -, , 1 t(See FM1) 2•ANNUAIIY 4.OUARTERLY 2-NO 4 w- I'Fk iii t 1, r • :. le r-g;C $Krr 4i _ri >r ' 17.COMMUNITY SIZE 18.trE OF FUNDS CODE I1-10000 OR LEss (FOR SFR AND 2.00VER 10,000 HPG ONLY) (SPO FMI) COMPLETE FOR OBLIGATION OF FUNDS 1 19.TYPE OF 20.PURPOSE CODE 21.SOURCE OF FUNDS 22.TYPE OF ACTION ' ASSISTANCE 1-OBLIGATION ONLY 081 I (See FMI) 2.OBLIGATION/CHECK REQUEST I 21 l 13-CORRECTION OF OBLIGATION 23.TYPE OF SUBMISSION 24.AMOUNT OF LOAN 25.AMOUNT OF GRANT ■ ""`^" 1-INITIAL I it2 SUBSEQUENT i $0.00 $35,000.00 26.AMOUNT OF 27.DATE OF 28.INTEREST RATE 29.REPAYMENT TERMS 1 IMMEDIATE ADVANCE APPROVAL MO DAY YR -7J// X0/3 0 % 0 I COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE FAMILY HOUSING LOANS j 30.PROFIT TYPE ay� P CrYy` y1 "1. at��YSFi t�� {!'c M1;••x r I 2-LIMITED PROFIT 1E y� 1-FULL PROFIT 3-NONPROFIT :tt :Sy 33. ,x.,1"'=#, er .��`Kftsuir Mn ;') ... COMPLETE FOR EM LOANS ONLY COMPLETE FOR CREDIT SALE-ASSt?tIIP''II)0 31.DISASTER DESIGNATION NUMBER 32.TYPE OF SALE I (See FAN) I 2-ASSUMPTION ONLY i - 1•CREDIT SALE ONLY 3-CREDIT SALE WITH SUBSEQUENT LOAN 1 I FINANCE OFFICE USE ONLY COMPLETE FOR FP LOANS ONLY 33.OBLIGATION DATE 34.BEGINNING FARMER/RANCHER MO DA YR I (See F611) _.-._._ . if the decision contained above in this firm results in denial,reduction or cancellation of USDA assistance,you may appeal this decision and lane n hearing or you may request a review in lien of a hcariag. Pleare use Rte fonn we hate included for this purpose. Position 2 ORIGINAL-Borrowers Case Folder COPY 1-Finance Office COPY 2-Applicant/Lender COPY 3-State Office According t o the P a p e r w o r k Reduction Act o f 1995,an a g e n c y n i a y not conduct or s p o n s o r,and a person i s not required to t r i..,r 1 . • - ' information unless tt displays a valid OMB control number. The valid OMB control number for this information collection.:s!): •- . 0570-0°62. The time required to complete this information collection is estimated to average 15 minutes per response,inr In i . • 1 reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and revie-, 0::- i. information. Packet Page-1750- 10/8/2013 16.B.1 . CERTIFICATION APPROVAL For All Fanners Programs EM,OL,FO,and SW ; This loan is approved subject to the availability of funds.If this loan does not close for any reason within 90 days from the date of approval on this document,the approval official will request updated eligibility information.The undersigned loan applicant agrees that the approval official will have 14 working days to review any updated information prior to submitting this document for obligation of funds.If there have been significant changes that may affect eligibility,a decision as to eligibility and feasibility will be made within 30 days from the time the applicant provides the necessary information. If this is a loan approval for which a lien and/or title search is necessary,the undersigned applicant agrees that the 15-working-day loan closing requirement may be exceeded for the purposes of the applicant's legal representative completing title work and completing loan closing. 35. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL See attached "Exhibit A" See attached 1942-G, Attachment 1, Section B 36. I HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and terms,taking into consideration prevailing private and cooperative rates and terms in or near my community for loans for similar purposes and periods of time.I agree to use the sum specified herein,subject to and in accordance with regulations applicable to the type of assistance indicated above,and request payment of such sum.I agree to report to USDA any material adverse changes, financial or otherwise,that occur prior to loan closing.I certify that no part of the sum specified herein has been received.I have reviewed the loan approval requirements and comments associated with this loan request and agree to comply with these provisions. (For FP loans at eligible terms only)If this loan is approved,I elect the interest rate to be charged on my loan to be the lower of the interest rate in effect at the time of loan approval or loan closing.If I check"NO",the interest rate charged on my loan will be the rate specified in Item 28 of this form. YES NO WARNING: Whoever,in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies,conceals or covers up by any trick,scheme,or device a material fact,or makes any false,fictitious or fraudulent statements or representations,or makes or uses any false writing or document knowing the same to co '-any f-Is-,fictitious or fraudulent statement or entry,shall be fined under this ' or'mpri ed % ore than five yea ,pr both." / /ff /3 (Date , 20 iorili-4.rs5f /iJ %,LM Nf4'rc.-6 (Signature of;P/,"rod) Date 20 ----- - (Signature of co-i;;; 37. 1 I-IREBY CERTIFY that all of the committee and administrative determinations and certifications required by prerequisite to providing assistance of the type indicated above have been made and that evidence thereof is in t I:, that all requirements of pertinent regulations have been complied with.I hereby approve the above-described assisU:on , . .. amount set forth above,and by this document,subject to the availability of funds,the Government agrees to acivm,c, .+i,!. amount to the applicant for the purpose of and subject to the availability p,.scribed by regulati .pplircr;!,; assistance. O f .44. Z1-1 , , / Approved as to form and legality (Signature ofApprovu ?(l','•1i,l \ Typed or Printed Name: JOSEPH X, M'UE�,LER Assistant Coun Attorney Acting Date Approved: 7 / i/f 3 Title: State Direcotor . `�,ltt y e( '` 38. TO THE APPLICANT:As of this date 7 10//3 ,this is notice that yotir akspMatto o ,t;u+n , from the USDA has been approved,as Indic ted above subject to the availability of fun •an4nthet'gn<i� ruin:. PP subject Y � Y 1 the USDA.If you have any questions contact the appropriate USDA Servicing Office. A11!S � s �,„ Packet Page -1751- < i 4,i,-,,)•,' `,�, > 10/8/2013 16.B.1 . Form RD 1940 :; RBEG Request for Obligation of Funds Exhibit A 1940-1, Request for Obligation of Funds, Exhibit A The Grantee understands the requirements for receipt of funds under the Rural Business Enterprise Grants&Television Demonstration Grant program.The Grantee assures and certifies that it is in compliance with all applicable laws, regulations, Executive Orders and other generally applicable requirements, including those_set out in Part 1942,Subpart G,Attachment 1, "General Requirements for the Administration of Rural Business Enterprise&Television Demonstration Grants, 7 CFR, Part 3015 and Part 3016,including all revisions through the date of the grant approval and the "Letter of Conditions". initial Date Approved as to form and legality ATT£ T`�'` , f.. istant County ttorney i` Imo' ., N+ • • «- i • f • , „= $19►� renfl�J,,. its ' • 4r!7seeirr..r' ii Packet Page-1752- 10/8/2013 16.6.1 . RD Instruction 1942-G Attachment 1 Page 8 (Revision 2) M. Grant cancellation. Grants may be cancelled by the grant approval official by use of Form RD 1940-10, "Cancellation of U.S. Treasury Check and/or Obligation." The State Director will notify the applicant by lett:el. that the grant has been cancelled. A copy of the letter will be sent H. the applicant's attorney and engineer and to the Regional Attorney, UGC, the Regional Attorney has been involved. N. Grant servicing. Grants will be serviced in accordance with Subpart E of Part 1951 of this chapter. O. Subsequent grants. Subsequent grants will be processed in accordance with the requirements set forth in this subpart. Section B III. Responsibilities of the" Grantee This section contains information regarding the responsibilities of the grantee for receipt of monies under the RBE/televistn demonstration grant program. This section shall become a permanent attachment to Form RD 1940-1 as outlined in Section A, paragraph II. H. of this Attachment. These requirements d not supersede the requirement for receipt of Federal funds as stated in Parts 3015, 3016, and 3019 of the Uniform Federal Assistance Regulations; however, specific areas related to the RBE/television demonstration grant program are cih..d below. (Revised 07-16-03, PN 361.) Grantee agrees to: A. Comply with property management standards established by 7 CFR Parts 3015, 3016, and 3019 for real and personal property. "Personal pr.oportV" means property of any kind except real property. It may be tangible having physical existence - or intangible - having no physical ex:i such as patents, inventions, and copyrights. "Nonexpendable person,• property" means tangible personal property having a useful life of mo .. than 1 year and an acquisition cost of $300 or more per unit. A grantee may use its own definition of nonexpendable personal property proviO..c.,: such definition would at least include all tangible personal property defined above. "Expendable personal property" refers to all tangible personal property other than nonexpendable property. When real pr.nr nonexpendable property is acquired by a grantee with project funds, shall not be taken by the Federal Government but shall be vested in ,v grantee subject to the following conditions: (Revised 07-16-03, PN 36t . Packet Page-1753- 10/8/2013 16.B.1. RD Instruction 1942-G Attachment 1 Page 8A (Added 07-17-02, PN 348) 1. Right to transfer title. For items of real or nonexpendable personal property having a unit acquisition cost of $1,000 or more, the Agency may reserve the right to transfer the title to the Federal. Government or to a third party named by the Federal Government. wh:n such third party is otherwise eligible under existing statutes. SuOh reservation shall be subject to the following standards: a. The-_property shall be appropriately identified in the grant or otherwise made known to the grantee in writing. b. The Agency shall issue disposition instructions within 120 calendar days after the end of the Federal support of the pr,) )« I for which it was acquired. If the Agency fails to issue disposition instructions within the 120 calendar day period, the grantee shall apply the standards of Section B, paragraphs III. A. 2. and 3. of this Attachment. c. When the Agency exercises its right to take title, the personal property shall be subject to the provisions for federally owned nonexpendable property discussed in Section B, paragraphs III. A. 2. and 3. of this Attachment. (08-20-92) SPECIAL PN Packet Page -1754- I 10/8/2013 16.B.1 . RD Instruction 1942-G Attachment 1 Page 9 d. When title is transferred either to the Federal Government or to a third party and the grantee is instructed to ship the property elsewhere, the grantee shall be reimbursed by the benefiting Federal agency with an amount which is computed by applying the percentage of the grantee participation in the cost of the original grant project or program to the current fair market value of the property, plus any reasonable shipping or interim storage costs incurred. 2. Use of other real or nonexpendable personal property for which the grantee has-t-itle. a. The grantee shall use the property in the project or program for which it was acquired as long as needed, whether or not Ho project or program continues to be supported by Federal fund;;. When it is no longer needed for the original project or program, the grantee shall use the property in connection with its other federally sponsored activities in the following order of priority: i. Activities sponsored by Rural Drelopment. ii. Activities sponsored by other Federal agencies. b. Shared use. During the time that nonexpendable personal property is held for use on the project or program for which it was acquired, the grantee shall make it available for use on other projects or programs if such other use will not interfere with the work on the project or program for which the proper was originally acquired. First preference for such other use shall be given to projects or programs sponsored by Rural Development; second preference shall be given to projects or programs sponsored by other Federal agencies. If the pro: owned by the Federal Government, use for other activities sponsored by the Federal Government shall be permissible authorized by Rural Development. User charges should be considered, if appropriate. 3. Disposition of real or nonexpendable personal property. When grantee no longer needs the property as provided in Section B, paragraph III A 2 of this Attachment, the property may be usecl re. other activities in accordance with the following standards: a. Personal property with a unit acquisition cost of less Pt1,1r, $1,000. The grantee may use the property for other activiLic : without reimbursement to the Federal Government or sell the property and retain the proceeds. (08-20-92) SPECIAL PN • Packet Page-1755- 10/8/2013 16.B.1. e RD Instruction 1942-G Attachment 1 Page 10 b. Real or nonexpendable personal property with a unit acquisition cost of $1,000 or more. The grantee may retain the property for other use provided that compensation is made to Rural Development or its successor. The amounts of compensati.(,:, shall be computed by applying the percentage of Federal participation in the cost of the original project or program t.r, current fair market value of the property. If the grantee has no need for the property and the property has further use value, the grantee=_shall request disposition instructions from the original grantor:dgency. c. Rural Development shall determine whether the property can 1-�, used to meet the agency's requirements. If no need exist:. Rural Development, the General Services Administration's Property Management Regulations (FPMR) will be used by Rural Development to determine whether a need for the property exists in other Federal agencies. Rural Development shall issue instructions to the grantee no later than 120 days after the grantee request and the following procedures shall govern: i. If so instructed, or if disposition instructions are not. issued within 120 calendar days after the grantee's reque ;L, the grantee shall sell the property and reimburse Rural Development an amount computed by applying to the original project or program. However, the grantee shall be permitted to deduct and retain from the Federal share $100 or 10 percent of the proceeds, whichever is greater, for the grantee's selling and handling expenses. ii. If the grantee is instructed to dispose of the prop-'C% other than as described. in Section B, paragraphs ITS 3 of this Attachment, the grantee shall be reimbur: c,' Rural Development for such costs incurred in its disposition. iii. Property management standards for nonexpendable personal property. The grantee's property management standards for nonexpendable personal property shall 1:.i.w'._. the following procedural requirements:llll a. Property records shall be maintained accurr;.: shall include: i. A description of the property. ii. Manufacturer's serial number, model number ,- Federal stock number, national stock number, or other identification number. oosk Packet Page-1756- 10/8/2013 16.B.1. RD Instruction 1942"-t Attachment 1 Page 11 iii. Sources of the property including grant or other a agreement number. iv. Whether title vests in the grantee or the Federal Government. v. Acquisition date (or date received, if the property was furnished by the Federal Government) and cost. - _ vi. Percentage (at the end of the budget year) of Federal participation in the cost of the project or program for which the property was acquii_ect. (Not applicable to property furnished by the Federal Government) . vii. Location, use, and condition of the property and the date the information was reported. viii. Unit acquisition cost. ix. Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a grantee compensates the Federal agency for its share. b. Property owned by the Federal Government must be marked to indicate Federal ownership. c. A physical inventory of property shall be t., . the results reconciled with the property recorr+.. least once every 2 years. Any differences bel,•r quantities determined by the physical inspection those shown in the accounting records shall be investigated to determine the causes of the difS:crr.-The grantee shall, in connection with the invenlc•�:, , verify the existence, current utilization, and continued need for the property. (08-20-92) SPECIAL PN Packet Page-1757- 10/8/2013 16.B.1. RD Instruction 1942-G Attachment 1 Page 12 d. A control system shall be in effect to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or the theft of nonexpendable property shall be investigated and fully documented; if the property was owned by the Fede.t.li Government, the grantee shall promptly notify Rural Development. e. Adequate maintenance procedures shall be implemented to keep the property in good condition. f. Where the grantee is authorized or required to nr-,l ! the property, proper sales procedures shall be established which would provide for completion to l.h.;: extent practicable and result in the highest possible return. g. Expendable personal property shall vest in the grantee upon acquisition. If there is a residual inventory of such property exceeding $1,000 in total aggregate fair market value, upon termination or completion of the grant and if the property is not needed for any other federally sponsored project or program, the grantee shall retain the property for use on nonfederally sponsored activities, or sell it, but must, in either case, compensate the Federal Governit«,nf for its share. The amount of compensation shall hr, computed in the same manner as nonexpendable personr„ property. This Attachment covers the following described personal property and any additional property acquired wholly or in part with grant funds (use continuation sheets as necessary) : When real property is no longer needed as provided above, return all real property, furnished or purchased wholly with Federal grant funds to the In the case of property purchased in part with Federal grant funds, the gron, may be permitted to take title to the Federal interest therein upon compoo:LJ - the Federal Government for its fair share of the property. The Federal the property shall be the amount computed by applying the percentage of l • Federal participation in the total cost of the grant program for which the property was acquired to the current fair market value of the property. This Attachment covers the following described real property purchased/to be purchased wholly or in part with grant funds (use continuation sheets as necessary) : Packet Page-1758- 10/8/2013 16.B.1 . RD Instruction 1942-G Attachment: 1 Page. 13 (Revision 1) B. Cause said program to be completed within the total sums available to it, including said grant, in accordance with the program plan and any necessary modifications thereof prepared by grantee and approved by grantor. C. Permit periodic inspection of the program operations by a representative of grantor. D. Make the program available to all persons in grantee's service area without regard to race, color, national origin, religion, sex, marital status, age, physical or mental handicap who have also received Rural Development related assistance from the grantee. E. Not use grant funds to replace any financial support previously provided or assured from any other source. The grantee agrees that the general level of expenditure by the grantee for the benefit of program ax-c.1 and/or program covered by this attachment shall be maintained and not reduced as a result of the Federal share of funds received under this grant. F. No nonexpendable personal property to be owned or used by the borrower or its affiliate(s) for use other than the grant purposes will be acquir<'u wholly or in part with grant funds. G. Use of the property including land, land improvement, structures, and appurtenances thereto, for authorized purposes of the grant as long as needed. The grantee shall obtain approval of the grantor before usi.nu; real property for other purposes when the grantee determines that the property is no longer needed for the original grant purposes. H. Provide financial management systems which will include: 1. Accurate, current, and complete disclosure of the financia ' results of each grant. Financial reporting will be on an acclk...; . basis. 2. Records which identify adequately the source and application funds for grant-supporting activities. Those records shall coni:dir information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlayr: income. 3. Effective control over, and accountability for, all funds. Grantees shall adequately safeguard all such assets and shall ew;11, , • that they are used solely for authorized purposes. 4. Accounting records supported by source documentation. (08-20-92) SPECIAL PN Packet Page -1759- 10/8/2013 16.B.1 . RD Instruction 1942-G Attachment 1 Page 14 (Revision 1) I. Retain financial records, supporting documents, statistical records, and all other records pertinent to the grant for a period of at least 3 years after grant closing except that the records shall be retained h,-y('u the 3-year period if audit findings have not been resolved. Microti.i.w copies may be substituted in lieu of original records. The grantor and Lhe Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the grantee governments which are pertinent to the specific grant program for the purpose of making audit, examination, excerpts, and transcripts. J. Provide information as requested by the grantor to determine the n•' :c for and complete any necessary environmental assessments or Envi.ronmenL.li. Impact Statements. K. Grantees expending $300,000 or more of Federal assistance in the year(s) that Agency grant funds are expended shall submit an audit in accordance with OMB Circular A-133 as codified in 7 CFR 3052. Grantees that expend less than $300,000 a year in Federal award are exempt from Federal audit requirements for that year except as noted in 7 CFR 3052.215(a) , but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and General Accounting Office. (Revised 07-17-02, PN 348.) L. Provide grantor with such periodic reports as it may require and periodic inspection of its operations by a designated representative ,.' grantor. M. Not to encumber, transfer, or dispose of the property or any part thereof, furnished by the grantor or acquired wholly or in part with grantor funds without the written consent of the grantor except 55 . in Section B, paragraph III. A. of this Attachment. N. Execute Form RD 400-1, Form RD 400-4, and any other agreements required by grantor to implement the civil rights requirements. If such form has been executed by grantee as a result of a loan being grantee by grantor contemporaneously with the making of this grant, anor-. form of the same type need not be executed in connection with this .n Packet Page-1760- 10/8/2013 16.B.1. RD Instruction 1942-G Attachment 1 Page 14A (Added 07-17-02, PN 348) 0. In contracts in excess of $2,000 and in other contracts in excess of $2,500 which involve the employment of mechanics or laborers, to include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5) . Applies only where Davis Bacon requirements apply. P. Include in all contracts in excess of $100,000 a provision for compliance with all applicable standards, orders, or regulations issued pursuant to the Clear Air Act of 1970. Violations shall be reported to the grantor and the Regional Office of the Environmental Protection Agency. • (08-20-92) SPECIAL PN Packet Page-1761- 10/8/2013 16.B.1. RD Instruction 1942-G Attachment 1 Page 15 (Revision 1) Q. Upon any default under its representations or agreements set forth in this instrument, grantee, at the option and the demand of grantor, will, to the extent legally permissible, repay to grantor forthwith the original principal amount of the grant stated hereinabove, with interest equal the rate of interest paid on U.S. 26-week Treasury Bills adjusted quarterly from the date of the default. The provisions of this Attachment may be enforced by grantor at its option and without regard to prior waivers by it of previous defaui is of grantee, by judicial proceedings to require specific performance of the terms of this Attachment or by such other proceedings in law or equity, in either Federal or State courts as may be deemed necessary by grantor to ensure compliance with the provisions of: this Attachment and the laws and regulations under which this grant i.0 made. R. That no member of Congress shall be admitted to any share or part of this grant or any benefit that may rise therefrom; but this provision sbr:..11 not be construed to bar as a contractor under the grant a publicly held II corporation whose ownership might include a member of Congress. S. That all nonconfidential information resulting from its activities shall be made available to the general public on an equal basis. T. That the purpose and Scope of Work for which this grant is made shall not duplicate programs for which monies have been received, are committed, or are applied to from other sources, public or private. U. That grantee shall relinquish any and all copyrights and/or privilc:•.._ :. to the materials developed under this grant, such material being the sofa:- property of the Federal Government. In the event anything developed 1.1 ((:. this grant is published in whole or in part, the material shall colt notice and be identified by language to the following effect: "Thc material is the result of tax-supported research and as such is no( • copyrightable. It may be freely reprinted with the customary credits. . the source." • V. That the grantee shall abide by the policies promulgated in 7 CL';; 1:.. 3015, 3016, and 3019 which provides standards for use by grantees in establishing procedures for the procurement of supplies, equipment, iru? other services with Federal grant funds. (Revised 07-16-03, PN 361 • W. To the following termination provisions: (08-20-92) SPECIAL PN Packet Page -1762- 10/8/2013 16A3.1 . RD Instruction 1942-G Attachment 1 Page 16 (Revision 1) 1. Termination for cause: The grantor agency may terminate any grant: in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply the conditions of the grant. The grantor agency shall promptly lic,•. ; � the grantee in writing of• the determination and the reasons for termination, together with the effective date. 2. Terminatiion for convenience: The grantor agency or grantee may terminate grants in whole, or in part, when both parties agree that the continuation of the program would not produce beneficial results commensurate with the further expenditure of funds. The two parti s shall agree upon the termination conditions, including the effect iv.. date, and in the case of partial terminations, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The grantor agency shall al.lnpw full credit to the grantee for the Federal share of the noncancel,lhI obligations, properly incurred by the grantee prior to termination. X. That grantee will remit interest earned on grant funds deposited in an interest bearing account in accordance with 7 CFR Parts 3015, 3016, and 3019. (Revised 07-16-03, PN 361.) Packet Page-1763-