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Agenda 12/10/2013 Item #16B2 12/10/2013 16.B.2. EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners (BCC), acting in its capacity as the Community Redevelopment Agency (CRA), to approve the Amended Immokalee 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 Amended Immokalee 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 create an independent not-for-profit entity to operate the Immokalee Business Development Center(IBDC). During the May 28, 2013 BCC meeting, under Item #14B.2, the CRA approved a proposed Exit Strategy that included IBDC dissolution on or before December 31, 2013 and that thereafter the Center Manager, Marie Capita, acting as the sole employee will no longer be considered a County Employee. On October 8,2013,under Item#16B.1,the CRA approved the extension of the IBDC dissolution date to March 31, 2014 so that the CRA can carry out its previous obligation to conduct a USDA grant-funded feasibility study for the IBDC.This item proposes an amended Exit Strategy with a March 31,2014 dissolution date. FISCAL IMPACT: Sufficient funds exist in the FY2014 Fund 715 Budget to support this request. The IBDC was awarded a Community Development Block Grant (CDBG) in the amount of$115,000.00 that will cover operating expenses of the IBDC up to the new dissolution date of March 31,2014. CONSISTENCY WITH GROWTH MANAGEMENT PLAN: This action supports Objective 6.1 of the Immokalee Area Master Plan component of the Collier County Growth Management Plan which reads:"The County shall promote economic development opportunities throughout the Immokalee Urban Designated Area". LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for Board approval.-JAB RECOMMENDATION: To obtain approval of the Amended Immokalee CRA's attached amended Exit Strategy for the IBDC and authorize the County Attorney to prepare the necessary documents for future CRA Board consideration. PREPARED BY:Marie Capita,Center Manager of the IBDC Attachment: 1. Amended Exit Strategy 2. May 28,2013 Meeting,Item#14B.2 3. October 8,2013 Meeting,Item#16B.1 4. CDBG Award Letter 1 Packet Page -1062- 12/10/2013 16.B.2. Exhibit A Amended Exit Strategy Immokalee Business Development Center(IBDC) On March 9, 2010 the Board of County Commissioners (BCC) approved a recommendation for the creation of the Immokalee Business Development Center (IBDC). The Immokalee CRA created the IBDC to address the general problem of a weak economic and business climate in Immokalee, and to address some of the barriers to entry for new business. On January 22, 2013, the BCC, acting as the Community Redevelopment Agency (CRA) directed that actions be taken to allow the 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 March 31, 2014 needs to be approved by the CRA. 2. Continue the operation of the IBDC under the auspice of the CRA during the transition period. This relationship shall cease as of December 31, 2013 March 31,2014. 3. Presently CRA staff occupies a building located at 1320 North 15th Street in Immokalee 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 750 South Fifth Street, Immokalee,Florida as of July 1, 2013. - - tem - - - - - -_ -- • . - . • 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 be drafted such that it may be assigned to the not for profit entity without further liability to the BCC and CRA. the CRA leases space from Hodges University in their Immokalee 2 Packet Page-1063- 12/10/2013 16.B.2. facility in the amount of$100.00 per month. This rate includes water and sewer, trash removal, exterior maintenance (to include landscape). Collier County Budgetary Guidelines stipulates lease rates per square foot per year as $6-$12 for Immokalee office/medical space. If the CRA Board approves this recommendation, the CRA staff can bring an amended lease for approval and signature during the next Board meeting extending the terms of the lease to March 31, 2014. The Lease would be drafted such that it may be assigned to the not-for-profit entity without further liability to the BCC and CRA. 4. The IBDC is a grant funded program. As such, until it is an independent not-for-profit entity, applying for grants remains to be the life line of the program. The CRA as an entity of the County recommends that it be allowed to continue applying for grants to cover the IBDC's operational costs until such time as the IBDC is a legal entity separate and apart from the County. The Subrecipient Agreement will be drafted to allow assignment of the Subrecipient Agreement to the not-for-profit entity under certain circumstances such as Board approval of a Substantial Amendment to the relevant action plan and qualification of the not-for profit for the project and grant funding. In the alternative, new Subrecipient Agreement may also be necessary. This will create a 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 March 31, 2014, the Center Manager, Marie Capita, acting as the sole IBDC employee, will no longer be considered a County employee. As per the County's Human Resource Department, since the position is grant funded, it will be phased out as being "no longer funded." This will not be considered as a resignation or termination. Board action is not necessary for employee transition. Issue: Equipment, furniture,supplies purchased by the IBDC with CDBG funds: 6. The CRA has no current use for the supplies, equipments, and furniture purchased with the Community Development Block Grant (CDBG) funds for the IBDC program. CRA recommends that the items listed on the attached list be donated to the IBDC once it is a legal entity separate and apart from the County. Staff has contacted HHVS, OMB, and Purchasing Department to ascertain the proper process for requesting supplies, equipment, and furniture to move with the not-for-profit. This transfer of supplies, equipments, and furniture will be in accordance with all governing laws and processes. (i.e. County's Purchasing Policy, Section 274.05, Florida Statutes, and 24 CFR 85). 3 Packet Page-1064- 12/10/2013 16.B.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.B.16.B.2. Item Summary: Recommendation for the Board of County Commissioners (BCC), acting in its capacity as the Community Redevelopment Agency (CRA),to approve the Amended Immokalee 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: 12/10/2013 Prepared By Name: CapitaMarie Title: VALUE MISSING 11/21/2013 11:41:06 AM Submitted by Title: VALUE MISSING Name: CapitaMarie 11/21/2013 11:41:07 AM Approved By Name: MuckelBradley Title:Project Manager, Date: 11/21/2013 12:24:10 PM Name: RobinsonErica Date: 11/21/2013 3:25:29 PM Name: BelpedioJennifer Title:Assistant County Attorney,County Attorney Date: 12/4/2013 11:56:44 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 12/4/2013 2:02:56 PM Packet Page-1065- 12/10/2013 16.B.2. Name: KlatzkowJeff Title: County Attorney Date: 12/4/2013 3:04:55 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 12/4/2013 3:15:18 PM Packet Page-1066- Exhibit B 12/10/2013 16.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(1BDC) 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-1067- 12/10/2013 16.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-1068- 12/10/2013 16.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 #IOF, 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-1069- 12/10/2013 16.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-1070- Exhibit C 12/10/2013 16.B.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.6.16.6.1. 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:MuckeiBradley Title: Project Manager, Date: 9/26/2013 2:29:01 PM • Packet Page-1071- 12/10/2013 16.B.2. 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-1072- 12/10/2013 16.B.2. 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 I OF, 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 -1073- 12/10/2013 16.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 1BDC 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-1074- 12/10/201316.8.2. Attachment: 1, Award Letter 2. Budget Amendment Packet Page-1075- Exhibit D 12/10/2013 16.B.2. Co ler County Public Services Division Housing, Human &Veteran Services July 16,2013 Mr.Bradley Muckel Collier County Community Redevelopment Agency 1320 N. 156 Street,Suite 2 Immokalee,FL34142 Dear Mr.Muckel: Thank you for submitting an application to our office for the FY2013-2014 Annual Application Cycle seeking federal funds from the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG)program. The Ranking and Review Committee has reviewed the request and recommended your organization's application be funded. Your request is CONDITIONALLY APPROVED in the amount of$115,000 to fund salary for FT Business Development Center Manager, partial salary for an Administrative Assistant, operating costs and environmental review in order to assist in the facilitation and development of businesses in the Immokalee Community pending further project development (including finalizing scope and review of compliance elements) and future approval by the Board of County Commissioners. Please note these funds are available for award effective October 1, 2013, and will be awarded as soon as Collier County receives the funding confirmation from HUD, which typically occurs in October. Therefore,most likely these funds will be available for projects to begin in late October,2013. Please note that staff is recommending your project as a PROPOSED activity for the County's FY 13-14 funding cycle. Staff is in the process of developing the FY 13-14 Action Plan. The Action Plan will be available for a 30-day public comment period from July 14, 2013 to August 14, 2013. The projects and conditional awards will be presented to the Board of County Commissioners at a future meeting. Consistent with the timeframes noted above, staff will bring forward a contract agreement for your project for approval by the Board of County Commissioners, most likely in late October. Kristi Sonntag, Manager, Federal/State Grants will be contacting you shortly to develop the project scope and review the agreement terms. In addition, if there are any remaining questions from the application process they will be addressed during this time period. We anticipate providing a Notice to Proceed (NTP) as soon as Board approval is received. Our office will contact your organization soon in order to begin the process, create the contract and outline the HUD requirements that must be followed in order to complete the project. NO WORK CAN BEGIN THAT WILL BE REIMBURSED BY THE GRANT UNTIL AFTER THE NOTICE TO PROCEED IS ISSUED. Should you have any questions or need more information,please feel free to contact Elly Soto MoKuen at(239)252-2664 or email at E1lyMcKuen @colliergov.net. Sincerely, Kimberley Grant Director Housing, Cc: Kristi Sonntag,Manager,Federal/State Grant tuman and Veteran Services � ? Qwo(CoHier County 3339 Tarniami Trail East,Suite 211•Naples,FL 34112-5361 239.252-CARE(2273) •239 252-HOME(4663)•239-252-CAFE(2233)•239-252-RSVP(7787)•239-252-VETS(8387)•www.colliergov,netthumanservices Packet Pare-1076-