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Agenda 04/22-23/2008 Item #16G 2 Agenda Item No. 16G2 April 22, 2008 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to approve and authorize the Board's Chairman to execute an amendment for a time extension to the Rural Infrastructure Grant Agreement # OT-05- 136 from the Florida Office of Tourism, Trade, and Economic Development for the Immokalee Regional AirportlFlorida Tradeport Storm Water Management/Retention Pond Project. OBJECTNE: To receive approval of an amendment for a time extension to the Rural Infrastructure Grant Agreement # OT-05-136 from the Florida Office of Tourism, Trade and Economic Development for the ImmokaJee Regional Airport/Florida Tradeport Storm Water Management/Retention Pond Project. CONSIDERATIONS: The original grant agreement with the Florida Office of Tourism, Trade and Economic Development for the Immokalee Regional Airport/Florida Tradeport Storm Water ManagementJRetention Pond was approved by the BCC on June 15, 2005. This amendment to the grant agrecment is required because panther habitat mitigation required by the United States Army Corps of Engincers' permit for this project took longer than anticipated, and construction of the Storm Water ManagementJRetention Pond was further delayed until another funding agency (The United States Department of Agricultural, Rural Development) completed pre-construction meetings and site visits, This amendment will extend the term of the grant from December 31, 2007 to July 31, 2008, FISCAL IMPACT: This amendment is for a time extension only and does not affect the total project cost or local match funds; and, therefore does not have a fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary, RECOMMENDATION: To approve and authorize the Board's Chairman to execute an amendment for a time extension to the Rural Infrastructure Grant Agreement # OT -05-136 from the Florida Office of Tourism, Trade and Economic Development for the Immokalee Regional Airport/Florida Tradeport Storm Water Management/Retention Pond Project. PREPARED BY: Debbie Brueggeman, Collier County Airport Authority .- Page 1 of 1 Agenda Item No. 1682 April 22, 2008 Page 2 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16G2 Item Summary: Recommendation to approve and authorize the Boards Chairman to execute an amendment for a time extension to the Rural Infrastructure Grant Agreement # aT -05-136 from the Florida Office of Tourism, Trade, and Economic Development for the Immokalee Regional Airport/Florida Tradeport Storm Water Management/Retention Pond Project. 4122/200S 9:00:00 AM Meeting Date: Approved By Theresa M. Cook Executive Director Dale County Manager's Office Airport Authority 4/9/2008 11 :46 AM Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 4/912008 1 :58 PM Approved By Susan Usher Senior ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 4/14/20082:50 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4114120086:04 PM file://C:\AgendaTest\Export\ 1 05-April%2022, %202008\ 16,%20CONSENT%20AGENDA\ I.., 4/16/2008 Agenda Item No, 16G2 April 22, 2008 Page 3 of 23 CONTRACT REINSTATEMENT AND FIRST AMENDMENT TO GRANT AGREEMENT BElWEEN THE OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT AND THE COLLIER COUNTY AIRPORT AUmORITY ftI&re~ A.bS This Amendment is entered into this day of~, 2008 between the Office of Tourism, Trade, and Economic Development (OTTED), Executive Office of the Governor, Suite 2001, The Capitol, Tallahassee, Florida, 32399-0001 and the Collier County Airport Authority (GRANTEE), 2005 Mainsail Drive, Suite I, Naples, Florida, A copy of om Agreement Number OT -05-136 ("Agreement"), originally executed by the parties on June 17, 2005, is attached hereto and incorporated as "Exhibit I" to this Amendment, WHEREAS, the Parties desire to reinstate the contract Agreement and to conform the term of this Agreement with a modified project timetable in order to fully implement the project whose delay was beyond the control of GRANTEE, WHEREAS, the Parties desire to extend the Agreement and to conform the term of this Agreement with a modified project timetable in order to fully implement the project whose delay was beyond the control of GRANTEE, NOW, TIIEREFORE, in consideration of mutual promises and consideration of the parties contained herein, and in accordance with Section 3.0 and Section 10.4 of the Agreement, the parties agree as follows: 1. In accordance with Section 3.0 of the Agreement, the Agreement is extended by om until July 31, 2008. Any project costs incurred on or after the Effective Date of the Agreement and on or prior to the termination date of the Agreement are eligible for payment. 2. In accordance with Section 10.4 of the Agreement, "Exhibit A" is struck and is replaced by the Amended Project Schedule, which is attached hereto as "Exhibit I-A" and incorporated by this reference. "Exhibit I-A" may only be amended by prior written approval of OTTED. The parties reaffirm all other portions of "Exhibit I" not in conflict with this Amendment: Performance in accordance with this Amendment will be considered performance of the Agreement, This Amendment is not intended to increase the maximum amount beyond that provided for in the Agreement, Agenda Item No. 16G2 April 22, 2008 Page 4 of 23 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment of the Agreement to be executed by their undeISigned officials as duly authorized as of the date first set forth above, OTIED: STATE OF FLORIDA EXECUTIVE OFFICE OF TIlE GOVERNOR OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT Keisha Rice, Deputy Director WITNESS: GRANlEE: COLUER COUNTY AIRPORT AUTHORITY Tom Henning, Chairman WITNESS: Cd&rCormty Airport AMlhorlty. Immt:JkakeAjrport Project Contmc1/l1i1UlDltntfent&FI'stA~ 2 Agenda It&kWi~ ~G2 April 22, 2008 Page 5 of 23 STATE OF FLORIDA EXECUTIVE OFFICE OF TIIE GOVERNOR OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT BACKGROUND The Office of Tourism, Trade, and Economic Development is authorized by law to make grants of funds in accordance with legislative appropriations, The Legislature of the State of Florida has made a provision for such grants in Section 2gg,0655(2)(b), Florida Statutes, GRANT AGREEMENT THIS GRANT AGREEMENT is entered into between the State of Florida, Office of Tourism, Trade, and Economic Deve lopment (OTTED), and the Collier County Airport Authority (GRANTEE). OITED and GRANTEE are sometimes hereinafter referred to as a "Party" and collectively as the "Parties," This Grant Agreement is Grant Number OT05-136 for the purpose of facilitating the financing of renovations and new construction of an infrastructure project in rural Collier County to encourage job creation, capital investment, the strengthening and diversification of GRANTEE's economy by the location of two companies, Skytruck Company, Inc. and Genapol, Inc., and to leverage the use of funds provided by the Federal Aviation Administration, the Florida Department of Transportation, and the Collier County Airport Authority, In consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1.0 PARTIES: The Parties and their respective addresses for the purposes of this Agreement are: I.] STATE OF FLORlDA EXECUTIVE OFFICE OF TIlE GOVERNOR OFFICE OF TOURlSM, TRADE, AND ECONOMIC DEVELOPMENT TIlE CAPITOL, SUITE 2001 TALLAHASSEE, FLORlDA 32399-0001 Agenda Item No. 16G2 April 22. 2008 Page 6 of 23 1.2 ' COlLIER COUNTY AIRPORT AurHORITY 2003 MAINSAIL DRIVE NAPLES, FLORIDA 34104 ].3 The grant manager for OlTED is Mary Helen Blakeslee, who may be reached at telephone number (850) 487-2568, facsimile number (850) 487-30]4, and electronic mail marvhelenblakeslee@myflorida.com. The grant manger for GRAN1EE is Theresa Cook, who may be reached at telephone number (239) 642-7878, facsimile number (239) 394-3515, and electronic mail at theresacooklWcolliergov.net. All approvals referenced in this Agreement must he obtained in writing from the Parties' grant managers or their designees, Either party may change its grant manager at any time by written notice to the other pursuant to Section 2.0. 2.0 NOTICES: All notices between the Parties shall be in writing and shall be by confirmed electronic mail, facsimile, or certified mail, return receipt requested, and delivered to the address of the Parties as set forth in Section 1.0 above, unless prior written notice ofcbange of address is given. 3.0 TERM: The term of this Agreement shall commence upon execution of this Agreement ("Effective Datefl) and continue until June 30, 2007 ("Termfl). This Agreement may be extended by OTTED upon the same terms and conditions of this Agreement (other than those changes necessary to accommodate the revised dates, revised funding, and any other revisions required by law), Only project costs incurred on or after the Effective Date of the Agreement and on or prior to the termination date of the Agreement are eligible for payment. 4.0 PROJECT DESCRIPTION: GRANTEES shall perform in accordance with the provisions of Section 288.0655 (2)(b), Florida Statutes. The GRANTEES shall receive from OTfED no more than 300/0 of the total 2 Agenda Item No. 16G2 April 22, 2008 Page 7 of 23 infrastructure project cost. Funds made available by OTTED pursuant to this Grant Agreement shall be expended solely for the project described in "Exhibit A," and budget, designated as "Exhibit B," both of which are incorporated herein and made part of this Agreement. "Exhibit A" contains a written project description and project schedule, and "Exhibit B" contains a project budget showing the types and amounts of each separate expenditure to be made to complete the project and omits no material parts of the project. "Exhibit A" and "Exhibit B" may only be amended by prior written approval ofOTrED. 5.0 GRANTEES REQUIREMENTS: Project funds made available by OTrED shall not be released until the following have been satisfied: 5,] , GRANTEES shaJl agree to manage construction of the required infrastructure as provided by resolution of GRANTEES, 5,2 GRANTEES shall verifY all invoices, statements, or other related documents duly submitted to GRANTEES for approval by the GRANTEES prior to submission to OITED. 5.3 GRANTEES shall certifY that their adopted local government comprehensive plans are in compliance with Chapter 163, Part 11, Florida Statutes, and that any amendments to the adopted plan related to the project have been determined by the Department of Community Affairs to be in compliance with Chapter 163, Part II, Florida Statutes, 5.4 GRANTEES shall certifY who owns all of the infrastructure to which improvements funded under this Agreement are being made, 5.5 GRANTEES shall provide OTrED with written notification of either their intent to: I Ca) Award the construction of the project to the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. GRANTEES shall 3 Agenda Item No, 16G2 April 22, 2008 Page 8 of 23 submit a copy of the bid tally sheet(s) and awarded bid contract to OTrED; or (b) Construct the project utilizing existing GRANTEES employees, if the GRANTEES can complete the project within the timeframe established by Section 3,0 of this Agreement 6.0 PAYMENT 6.1 Rural Infrastructure Funds of up to a total of $454, 143.00 will be made available to GRANTEES for monthly reimbursement. 6.2 OTTED shall not remit funds until the requirements of Section 5,0 have been satisfied, 6.3 OTTED will remit funds to GRANTEES upon OITED's receipt and approval of a written invoice from GRANTEES, which shall be accompanied by supporting documentation such as bills, statements, or other related documents documenting incurred costs duly submitted to and verified by GRANTEES, 6.4 Funds will be transferred by OTTED to GRANTEES on a monthly basis as needed by the GRANTEES and as documented by the approved submissions required in the paragraph set out above, These documents must be received by OTTED no later than fifteen (15) days from the end of the month for which GRANTEES request reimbursement. The total of all monthly payments shall not exceed the grant amount. 6.5 OITED will only transfer the amount of funds needed to complete the project as documented by the approved submitted documentation required. Should the total of all documented amounts be less than the grant amount, OTTED shall retain all surplus funds, 6,6 OTTED's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, In the event of a State revenue shortfall, the total grant may be reduced accordingly, OITED shall be the final determiner of the availability 4 (- Agenda Item No. 16G2 April 22, 2008 Page 9 of 23 of any funds, 7.0 REPORTS: 7,1 In addition to the documentation submitted pursuant to section 6,0 set out above, the GRANTEES shall provide OTrED with progress reports beginning with the period ending September 30, 2005, and continuing quarterly thereafter, until the project is completed, Each report shaIl contain a narrative description of the work completed according to the project schedule in "Exhibit A," a description of any change orders executed by the GRANTEES, and a budget summary detailing planned expenditures found in "Exhibit B," The final written report shall be submitted within 120 days of completion of the project. A final written accounting shall also be submitted within 120 days of funds being comp letely expended. The accounting shall include: (a) The total funds paid to the GRANTEES by OTrED pursuant to this Agreement; and (b) A summary of the total project costs paid from funds made available by OTrED pursuant to this Agreement detailing planned expenditures versus actual expenditures. 7.2 Two (2) years after the location ofSkytruck Company, Inc" an airplane assembly and distribution center, and Genapol Inc" a parts warehousing and distribution center, GRANTEES shall provide OTrED with the actual number of new, pennanent, full-time jobs created by the Skytruck Company, Inc. and Genapol, Inc. 's location in Collier County. 7.3 If this Agreement is eX1ended or renewed beyond the Tenn, Quarterly Reports on the program of work and budget described in "Exhibit A" and "Exhibit B" shall be submitted to OTrED by GRANTEES to cover the extended Agreement period. 7.4 OTrED's Contract Manager, or designee, may with reasonable notice perfonn on-site reviews to independently validate any infonnation or reports submitted, or to be 5 ( Agenda Item No. 16G2 April 22, 2008 Page 10 of 23 submitted, to OITED, GRANTEES shall allow OITED's Contract Manager and other OITED- authorized personnel reasonable access to any information and any other documents requested by OITED for purposes of monitoring GRANTEES' performance. 8.0 AUDIT AND RECORDS: 8,1 The GRANTEES shall retain and maintain all records, including records of all payments made by GRANTEES in connection with the Grant and make such records available for any audit as may be requested, Records shall include independent auditor working papers, books, documents, and other evidence, including, but not limited to, vouchers, bills, invoices, requests for payment, and other supporting documentation, which according to generally accepted governmental accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performance of the Agreement. The records shall be subject at all times to inspection, review, or audit by personnel of the Office of the Auditor General, Department of Financial Services, or the ChiefInspector General, or other personnel authorized by OITED and copies of the records shall be delivered to OITED upon request. 8,2 In addition to the requirements set out above in this section, the GRANTEES shall comply with the applicable audit provisions contained in "Exhibit C," which is attached to this Agreement and incorporated herein, "Exhibit C" sets out the duties and requirements of the GRANTEES pursuant to the Single Audit Act, Section215,97, Florida Statutes, 9.0 TERMINATION: 9.1 BREACH & PRESERVATION OF REMEDIES (al In the event that the GRANTEES fail to comply with any of the terms of this Agreement, OITED may exercise any remedies available at law or in equity, including the withholding and/or reduction of funding to GRANTEES. In the event such failure is material to the Agreement as a whole, OITED shall have the right to terminate this Agreement in 6 Agenda Item No. 16G2 April 22, 2008 Page 11 of23 accordance with its terms, (b) OTfED may terminate the Agreement due to the f1i1ure of the GRANTEES to fulfill their obligation under the Agreement in a timely or satisfactory manner, Satisfaction of obligation by the GRANTEES will be determined solely by OTfED, OTfED must provide the GRANTEES a written notice of default letter, The GRANTEES will have fifteen (15) calendar days to cure the default, unless it is determined by OTfED that it is necessary that the default be cured immediately. If the default is not cured by the GRANTEES within the Slated period of time, OTfED has tre option to terminate this Agreement. The termination shall be effective upon no less than 24 hours notice delivered in a manner set forth in Section 2.0, In the event of termination of this Agreement, the GRANTEES will be compensated for any work satisfactorily completed prior to notification of termination, Determination of work satisfactorily completed shall be at the sole discretion of OTTED, (c) No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement will impair any such right, power, or remedy of either Party: nor will such delay or omission be construed as a waiver of any such breach or default. 9,2 REFUSAL TO GRANT PUBLIC ACCESS, This Agreement may be unilateraliy terminated by OTfED for refusal by the GRANTEES to allow public access to all documents, papers, letters, or other material created in connection with this Agreement that are subject to the provisions of Chapter I] 9, Florida Statutes, 9.3 UNAUTHORIZED ALIENS. OTTED will consider the employment by GRANTEES, or any contractor or subcontractor, of unauthorized aliens a violation of Section 274A(e) of the U.S, Immigration and Nationality Act. Such violation shall be cause for cancellation ofthe Agreement. 7 Agenda Item No. 16G2 April 22, 2008 Page 12 of 23 10,0 GENERAL CONDITIONS: 10,1 LIABILITY AND INSURANCE (a) OITED shall not assume any liability for the acts, omissions to act, or negligence of the GRANTEES, their agents, servants, or employees; nor shall the GRANTEES exclude liability for the ir own acts, omissions to act, or negligence to OITED, In addition, the GRANTEES hereby agree to be responsible for any injury or property damage resulting from any activities conducted by GRANTEES, (b) GRANTEES shall act in an independent capacity and not as an employee of OITED in the performance of this Agreement, GRANTEES agree to indemnify and hold the State harmless from any and all claims or demands for damages resulting in personal injury or death, or destruction or damage to property, arising out of activities performed under this Agreement and shall investigate all claims at its own expense. (c) GRANTEES shall be responsible for all work performed and all expenses incurred in connection with the project. The GRANTEES may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities PROVIDED THAT it is understood by the GRANTEES that OITED shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEES shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. Also, when contracting with subcontractors, GRANTEES must require subcontractors to indemnify and hold harmless the State for actions of the subcontractor resulting in personal injury or death, or destruction or damage to property, arising out of activities performed under this Agreement and shall investigate all claims at its own expense. 8 Agenda Item No, 16G2 April 22. 2008 Page 13 of 23 (d) Neither OTffiD nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationship, (e) GRANTEES shall require that any contractor, subcontractor, or operator performing work pursuant to or in furtherance of this Agreement shall provide and maintain during the duration of such contract, subcontract, or operating arrangement at least the kinds and minimum amounts of insurance required in this Section of the Agreement. The minimum amounts required may, on a case-by-case basis, be adjusted by mutual agreement between OITED and GRANTEES, (I) Before commencement of any work pursuant to the Agreement, GRANTEES shall require each contractor, sIDcontractor, or operator under this Agreement to provide certificates of insurance evidencing that the required insurance has been obtained and is in force. All such policies shall contain an endorsement stating that any cancellation or material change shall not be effective unless at least thirty (30) days prior written notice is provided to GRANTEES, GRANTEES will require each contractor, subcontractor, or operator to produce and maintain during the entire period of their performance under this Agreemert the following minimum amounts and types of insurance, i. Worker's compensation and employer's liability insurance in compliance with applicable worker's compensation and occupational disease statutes with a minimum limit of $1 00,000 per incident. Such insurance shall comply with the Florida Worker's Compensation Law. ii. General comprehensive liability insurance with minimum limits of $1,000,000 for injury to one person arising out of a single incident, and $1,000,000 for property damage, 9 Agenda Item No. 1682 April 22, 2008 Page 14 of 23 iii. Comprehensive automobile insurance which shall include bodily irljury and property damage covering all owned, non-owned, hired, and government-furnished vehicles with minimum limits of$I,OOO,OOO for bodily injury and property damage per occurrence, 10.2 NON-ASSIGNMENT, Except as otherwise stated in this Agreement, neither party may assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this, Agreement without the prior written consent of the other party, which will not be unreasonably withheld, Any sublicense, assignment, or transfer otherwise occurring will be null and void. Notwithstanding the foregoing, OTTED will at all times be entitled to assign or transfer its right, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving written notice to the GRANfEES. In the event OTTED approves transfer of GRANTEES' obligations, the GRANTEES remain responsible for all work performed and all expenses incurred in connection with the Agreement. 10.3 GOVERNING LA W. This Agreement shall be governed by the laws of the State of Florida. Any and all litigation arising under this Agreement shall be brought exclusively in the appropriate court in Leon County, Florida I 0.4 MODIFICATION, This writing and the attached "Exhibit A," "Exhibit B," and "Exhibit C" contain the entire Agreement of the parties, No representations were made or relied upon by either party, other than those that are expressly set forth, No agent, employee, or other representative of either party is authorized to alter, modifY, amend, or change any of the terms of this Agreement, unless done in writing and signed by an executive officer of the GRANTEES and OTTED, 10,5 APPLICABLE LAWS, GRANfEES agree to comply with all applicable federal, state, and local laws related to the execution of the program described in "Exhibit A," 10 Agenda Item No, 16G2 April 22, 2008 Page 15 of 23 10,6 MINORITY BUSINESS, GRANTEES are encouraged to use small businesses, including minority and women-owned businesses as subcontractors or subvendors under this Agreement. The directory of certified minority and women-owned businesses can be accessed from the website of the department of Management Services, Office of Supplier Diversity, GRANTEES shall report, on a quarterly basis, expenditures with minority and women-owned businesses, The report shall contain the names and addresses of the minority and women-owned businesses; the aggregate dollar figure disbursed that quarter for each business; the time period; type of goods or services: and the applicable code, If no expenditures were made to minoriry or women-owned businesses, Grantees shall submit a statement to this effect. JO.7 LOBBYING, Funds may not be used for the purpose of lobbying the Legislature, thejudiciaJ branch, or a state agency, pursuant to Section 216.347, Florida Statutes, 10.8 TRA VEL. There will be no reimbursement for travel expenses by OITED, 10,9 PUBLIC ENTITY CRIME, GRANTEES affirm that at no time have GRANTEES been convicted ofa public entity crime pursuant to Section 287.133, Florida Statutes, and agree that they shall not violate any such law and further acknowledge and agree that any such conviction during the term of the Agreement may result in the termination of this Agreement. 10.10 NON-DISCRIMINATJON, The GRANTEES will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, race, creed, color, handicap, national origin, or sex, GRANTEES affirms that at no time have GRANTEES been placed on the discriminatory vendor list pursuant to Section 287.134, Florida Statutes, and agree that they shall not violate any such law and further acknowledge and agree that any such placement on the list during the term of the Agreement may result in the termination of this Agreement. II Agenda Item No. 16G2 April 22, 2008 Page 16 of 23 The GRANTEES shall insert similar provisions in all subcontracts for services by this Agreement. 10.1 I SEVERABILITY, Ifany term or provision of the Agreement is found to be illegal, invalid, or unenforceable, such term shall be severed from this Agreement and the remainder of the Agreement will remain in full force and effect, 10,12 AITORNEY FEES, Unless authorized by law and agreed to in writing by OITED, OITED will not be liable to pay attorney fees, interest, or cost of collection, 10.13 DUPLICATE ORIGINALS, This Agreement is executed in duplicate originals. 10,14 ACCEPTANCE AND AMENDMENT BY FACSIMILE, The acceptance of this Agreement or any modification of this Agreement may be made by facsimile transmission. Receipt of the facsimile transmission shall for the purpose of this Agreement be deemed to be an original, including signatures, 10.15 SUBCONTRACTS, Any and all contracts that GRANTEES execute with a person or organization under which such person or organization agree to perform services on behalf of GRANTEES or the State of Florida shall include provisions requiring that such person or organization report on performance, account for proper use of funds provided under the contract, including the provision of audit rights pursuant to Section 8,0 and "Exhibit C" of this Agreement, avoid duplication of existing state and local services and activities, and agree to abide by all local, state, and federal laws, 10.16 PLEDGING CREDIT. GRANTEES shall not pledge the State of Florida's or OITED's credit or make the State of Florida or OTrED a guarantor of payment or surety for any contract, debt, obligation, judgment lien, or any form of indebtedness. 12 Agenda Item No. 16G2 April 22, 2008 Page 17 of 23 II. IMPROVEMENT TO REAL PROPERTY: In accordance with Section 253,85, Florida Statutes, the GRANTEES grant to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion ofthe improvements or as furtherrequired by law. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and delivered by their duly authorized representatives as of the date set forth below, COLLIER COUNTY BOARD OF COMMISSIONERS ~w.~ FRED W. COYLE, CHAIRMAN Date: ':;k-~.s- . Witness: Witness: ~-<"<~...L./ ......~:':~.~~i" ", AnBST ,." r'~.'."'Jf-;...~ .(. "', " .'.~' ........, ~, ", IlWIEIBT a.'R1IOCE. ...,. '--- . ~., \.' , . 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C ::I .le.:p ~ :: ~ ~ S !-oOCDU Agenda Item No. 16G2 April 22, 2008 Page 20 of 23 COUNTY OF COLLIER RURAL INFRASTRUCTURE FUND EXIllBIT B Description County/Other Funds OITED Grant Storm Water Retention Pond $ 500,000.00 Engineering ServiceslDesign & Bid 38,555,00 $454,313,00 Engineering Services/Construction 33,920.00 Construction Phase 427,525,00 Total Cost of Detention Pond $ 500.000.00 $454,313.00 Environmental Resource Permit $ 347 .000.00 Taxiway C $ 666.857.00 Total Project Cost $1.531,857.00 $1.531.857,00 $427.525.00 Agenda Item No. 16G2 April 22, 2008 Page 21 of 23 EXlllBIT C SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Office of Tourism, Trade, and Economic Development (OITED) to the GRANTEE may be subject to audits and/or monitoring by the OITED, as described in this section. MONITORING By entering into this agreement, .the GRANTEE agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the OTTED, In the event OITED determines that a limited scope audit of the recipient is appropriate, the GRANTEE agrees to comply with any additional instructions provided by OTTED to the GRANTEE regarding such audit. The GRANTEE further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General or Chief Inspector General. AUDITS I, In the event that the GRANTEE expends a total amount of State awards (Le" State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $500,000 in any fiscal year of such GRANTEE, the GRANTEE must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes (the Single Audit Act); applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 1 0.550, Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from OTTED, except that State financial assistance received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2, In connection with the audit requirements, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 2l5.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor General. 3, If the GRANTEE expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215,97, Florida Statutes, is not required, In the event that the GRANTEE expends less than $500,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (Le., the cost of such an audit must be paid from GRANTEE funds obtained from other than State entities). 4. The GRANTEE must include the record keeping requirements in subrecipient contracts and subcontracts entered into by the GRANTEE for work required under terms of this Agreement. In the executed subcontract, the GRANTEE shall provide each subrecipient of state financial assis tance the information needed by the subrecipient to comply with the requirements of the Single Audit Act. Pursuant to Section 215.97 (6), Florida Statutes, GRANTEE shall review and monitor Agenda Item No. 16G2 April 22, 2008 Page 22 of 23 subrecipient audit reports, and perform other procedures as specified in the agreement with the subrecipient, which may include onsite visits, GRANTEE shall require subrecipients, as a condition of receiving state financial assistance, to pennit the independent auditor of the recipient, the state awarding agency, the Comptroller, and the Auditor General access to the subrecipient's records and independent auditor's working papers as necessary to comply with the requirements of the Single Audit Act. 5, For infonnation regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CFSA), the GRANTEE should access the website for the Governor's Office located at htto://www.flgov.com/. for assistance, In addition to the above website, the following websites may be accessed for infonnation: Legislature's Website htto://www.leg.state.fl.us/. the Department of Banking and Finance's Website http://www.dbf.state.fl.us/aadir/FSAAlndex.html. and the Auditor General's Website htlP://sun6,dms.state.fl.us/audgen REPORT SUBMISSION Copies of audit reports conducted in accordance with the audit requirements contained herein shall be submitted to the parties set out below, The annual financial audit report shall include all management letters and the GRANTEE's response to all findings, including corrective actions to be taken. The annual financial audit report shall include a schedule of financial assistance specifically identifYing all Agreement and other revenue by sponsoring agency and Agreement number. The complete financial audit report, including all items specified above, shall be sent directly to: Mary Helen Blakeslee Office of Tourism, Trade, and Economic Development The Capitol, Suite 200 I Tallahassee, Florida 32399 -000 I and State of Florida Auditor General Attn: Ted J Sauerbeck Room 574, Claude Pepper Building ] II West Madison Street Tallahassee, Florida 32302-1450 RECORD RETENTION GRANTEE shall retain all grant records and shall ensure the retention of its independent auditors working papers for a period of five (5) years from the date of submission of the final project report, If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the five (5) year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end ofthe five (5) years period, whichever is later. N"':lIC (.9oioll "';;;;;~ ~~f! z=&;t E 0. co 2<(0- C1J D C Q) OJ <( .... 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