Agenda 09/09-10/2008 Item #16F(2)D
AGENDA ITEM
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EXECUTIVE SUMMARY
Recommendation that the Collier County Board of County Commissioners (BCC)
ratifiy the Collier County Airport Authority's approval of the attached Airport
Authority Resolution No. 08-34 on August 11, 2008 required by the United States
Department of Agriculture (USDA) to apply for and receive a Rural Business
Enterprise Grant (RBEG).
OBJECTIVE: To ratify the Airport Authority's approval of the attached Resolution No. 08-
34 on August 11, 2008 required by the USDA to apply for and receive RBEG funds.
CONSIDERATIONS: The Collier County Airport Authority (Authority) submitted a grant
pre-application to the USDA for a RBEG in the amount of $495,000. The USDA
responded that the Authority's project, the construction of a 20,000 square-foot machine
and steel manufacturing facility at the Immokalee Regional Airport, is eligible for funding by
the USDA, and suggested the Authority submit a formal application.
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The BCC previously approved and executed a letter of commitment for funds in the
amount of $1,000,000 to leverage this $495,000 RBEG from the USDA and a Resolution
authorizing the Authority to apply for the $495,000 USDA RBEG, and authorized the
Authority's Executive Director tD sign all related documents to consummate the RBEG for
an eligible RBEG project at the Immokalee Regional Airport on June 24, 2008, Agenda
Item 16G5.
The USDA requires, as part of the formal application package, a ''''Resolution stating that
the project will not be transferring jobs/ producing goods/services where there is no
demand, & Labor Dept. clearance." This grant requirement places certain restrictions on
who may occupy this manufacturing facility. The Authority approved the attached
Resolution 08-34 on August 11, 2008, Agenda Item X.A, subject to the BCC's acceptance
of these restrictions.
Approval of this Executive Summary by the County Manager is subject to formal ratification
by the Board of County Commissioners. If the decision by the County Manager is not
ratified by that Board, this Executive Summary shall be enforceable against Collier County
only to the extent authorized by law in the absence of such ratification by that Board.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT:
associated with this Executive Summary.
There is no Growth Management Impact
RECOMMENDATION: That the BeC ratify the Airport Authority's approval of the
attached Resolution No. 08-34 on August 11, 2008, Agenda Item X.A required by the
USDA to apply for and receive RBEG funds.
PREPARED BY: Debbie Brueggeman, Collier County Airport Authority
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AGENDA ITI1.M
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Notice ofpre-AJtlj;gtion Review Action J. i){ ~
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AD-622 Attachment A
TIN / Account Number: 09_011_0596000558
Applicant Legal Name: Collier County Airport Authority
Address: 2005 Mainsail Drive, Suite I, Naples, FL 34114
Contact Name & Position: Ms. Teresa M. Cook
Phone: 239-642-7878
Fax: 239-394-3515
County: Collier
CongressionalDistrict: 14,25
RBS Grant Amount: $495,000.00
Grantee Funds: $1,000,000.00
Other Funds: $
Total Project: $1,495,000.00
Type of Project: Construct a machine & steel DlJl1lufacturing facility at the Innnokalee Regional Airport
Project Service Area: Immokalee, FL (CDP)
Jobs Created: will add 3
Jobs Saved: 14
Population: 19,763
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MID: $24,315.00
As an attachment to the Form AD 622, you are encouraged to submit a complete application. Please submit the
following items in totality:
1. Form AD 022 is subject to OGe ejigibility confirmation.
2. As perRD Instruction 1942-A, 1942.2 (a) (3), You are advised against taking any actions or incurring
any obligations which would either limit the range of alternatives to be considered, or which would have
an adverse effect on the environment. Satisfactory completion of the environmental review process
must occur prior to the issuance of the letter of conditions.
3_ Applicant must document 5 years experience in operating an industrial facility as a recipient of Federal
funding and as a leaser of property located in the industrial park
4. Applicant must document that the project is consistent with and reflected in local plans for the area.
Submit a copy of the benchmark / plan.
...5: CoriiW,ittnent letters frOrit.the otlieffiIDdiiig entitiCSf<iIi theiI'letterllead(ineltldin.g.applicant) of other"
:ffiDdrc3~;O;i, itted fOt t!:laprojei:fi
6_ Form RD 1940-20, "Request for Environmental Infonnation~ must be completed as per the instructions
for the form with all attachments in narrative form. See another form enclosed.
7. Form RD 2006-38 Civil Rights Impact Analysis Certification with required attached information
8_ Form RD 400-1 Equal Opportunity Agreement
9. Form RD 400-4 Assurance Agreement
10. Letter of Concurrence of project from local county government which must also address consistency of
project with county development and/or strategic plans
11. Copies of executed or proposed leases, contracts or other agreements with site tenants as well as the
number of jobs to be created/saved as a result of the project .
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12. AIA B-14l-l997; RD Instruction 1942-A, Guide 27, Attachment 1; RD Instruction 1942-A, Guide' 28, -
Submit four (4) copies of the executed Architectural Agreement for review and approval. The AIA B-
141-1997 architectural services agreement should be used along with the attachment found in Guide 27,
Attachment 1 ofRD Instruction 1942-A. The Architect should be provided a copy ofthis Guide 27,
Attachment 1, as well as a set of front end contract document material found in FL Instruction 1942-A,
13. For Public Bodies: Resolution authorizing person(s) to sign all related documents to conswnmate the
grant and authorizing the application of the RBEG. Resolution must state RBEG amount Tequested as
well as any leveraging to the project
14. RD Instruction I 942-G, Guide 2, for Public Bodies - Resolution - states that the project will not be
transferring jobs/employment, producing goods/services where there is no demand, & Labor Dept.
clearance
15. Form RD 442-7 Operating Budget showing the year in which grant funds will be used AND the 1st year
after grant funds were expended
16. Form AD 1047 Certification Regarding Debarment, Suspension, and Other Responsibility Matters -
Primary Covered Transactions
17. Form AD 1048 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transactions. This form is not signed by the applicant but by any subcontractors
they use for the project
18. Form AD 1049 Certification Regarding Drug-Free Workplace Requirements (Grants) Alternative I - For
Grantees Other Than Individuals
19. Insurance/Fidelity Bond evidence
20. Form RD 449-22 Certification of Non-Relocation and Market and Capacity Information Report where
applicable
21. RD Instruction 1942-A, Guide 14 A copy of the Legal Services Agreement (The Area Office needs four
(4) original signatures for AO, SO, borrower, and attorney. Only send one for SO file)
22. RD Instruction 1940-Q, Exhibit A-I Certification for Contracts, Grants and Loans
23. Form SF LLL Disclosure of Lobbying Activities (for Grants exceeding $100,000)
AGENDA ITEM
No. F' ;). tJ
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RESOLUTION NO. 08-34 M~ oJ .C' ;'111i'
Whereas the Collier Countv Airport Authoritv (hereinafter called public body) desires to oMJ:~ nnaRelar~tl'-t ~
assistance from the Rural Development, United States Department of Agriculture, pursuant to Section 310 B
of the Consolidated Farm and Rural Development Act, for the purpose of constructina a 20.000 sauare-foot
manufacturina facilitv at the Immokalee Reaional Airport (herein referred to as the facility) and as a condition
to and in consideration of receiving financial assistance from the Rural Development this resolution is being
adopted.
Therefore, in consideration of the premises the public body agrees as follows:
1. No private business enterprises shall be allowed to use or occupy the facility if such use or occupancy
would be calculated to, or is likely to, result in the transfer from one area to another of any employment
or business activity provided by operations of the private business enterprises. This limitation shall not
be construed to prohibit use and enjoyment of the facility by such private business entity through the
establishment of a new branch, affiliate, or subsidiary if the establishment of such branch, affiliate, or
subsidiary will not result in the increase in unemployment in the area of original location (or in any other
area where such entity conducts business operations), unless there is reason to believe that such
branch, affiliate, or subsidiary is being established with the intention of closing down the operations of
the existing business entity in the area of its original location (or in any other area where it conducts
such operation)
2. No private business enterprises shall be allowed to use or occupy the facilities if such use or occupancy
would be calculated to, or is likely to, result in an increase in the production of goods, materials, or
commodities, or the availability of services or facilities in the area, where there is not sufficient demand
for such goods, materials, commodities, services or facilities to employ the sufficient capacity of existing
competitive commercial or industrial enterprises, unless such financial or other assistance will not have
an adverse affect upon existing competitive enterprises in the area.
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3. Prior to allowing the use or occupancy of the facilities by any private business enterprise, the public
body shall clear such use or occupancy with the Manpower Administration, Department of Labor,
Washington, DC, by submitting information required by the Department of Labor for certification under
the Act. This information shall be submitted to Rural Development for transmittal to the Department of
Labor. The public body agrees to make no final commitment with any private business enterprise
regarding such use or occupancy if the Department of Labor issues a negative certification under the
Act. The public body shall obtain prior clearance in this matter for a period of three years after the date
of an affirmative certification by the Department of Labor on the application for financial assistance now
pending before the Rural Development.
This resolution shall be in force and effect immediately.
The voting was yeas
, nays
, absent
COLLIER COUNTY AIRPORT AUTHORITY
by
(Stephen L. Price, Chairman)
Certification
I the undersigned as Secretarv of the Collier Countv Airport Authoritv do hereby certify that the foregoing
resolution was duly adopted at a meeting of the Collier Countv Airport Authoritv duly called and held on the
11th da~ of Auaust. 2008 , and that such resolution has not been rescinded or amended in any way. Dated
this tt day of Auaust. 2008
by
David Gardner, Secretary
Approved as to form and legal sufficiency
Heidi Ashton, Assistant County Attorney