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Agenda 04/26/2016 Item #16A22 4/26/2016 16.A.22. EXECUTIVE SUMMARY Recommendation to approve the name of a Collier County artificial reef site pursuant to the Memorandum of Understanding with the Community Foundation of Collier County and accept and appropriate a donation in the amount of $98,000 for Artificial Reef Donations Project No. 44038. OBJECTIVE: To approve the renaming of the"Collier 2 Artificial Reef"to the"Jackson's Fish Camp Memorial Reef'and appropriate donated Artificial Reef funds. CONSIDERATIONS: On April 23, 2013, the Board of County Commissioners (Board) approved a $500,000 grant award from the Gulf Tourism and Seafood Promotional Fund to expand and improve Collier County's Artificial Reef Program(ARP). On May 28, 2013,the Board agreed to accept donations from the Community Foundation of Collier County (CFCC) and to consider naming County reefs in accordance with suggestions to be made by the CFCC. On December 10, 2013 (Item 11 I), the Board approved a Memorandum of Understanding(MOU)with the CFCC. This requires the Board to approve a donor's request to name a Collier County artificial reef through a $100,000 donation which will be used to support the construction of future artificial reefs off Collier County. The CFCC has received a donation of$100,000. A copy of the support documentation for the donation is included detailing securities in the amount of $97,827.95 and a check for $2,172.05 for a total of $100,000. The CFCC will retain a 2% administrative fee and will remit a$98,000 check to the county for the construction of an Artificial Reef subject to Collier 2 Artificial reef renaming and regulatory agency approval. An explanation of the administrative fee is attached as backup. Upon Board approval of the Artificial Reef name, Collier County will accept, recognize and approve, subject to the Artificial Reef name change authorization by the State and Federal permitting agencies. FISCAL IMPACT: To authorize budget amendment appropriating donated funds in the amount of $98,000 into the Natural Resources Fund(117)Project No. 44038. Donations in the amount of$208,600 have been received to date;this donation would bring the total to$306,600 within project 44038. GROWTH MANAGEMENT IMPACT: Acceptance of these funds is supportive of the Coastal and Conservation Element Objective 7.4 which states that the County shall continue to improve marine fisheries productivity by building additional artificial reefs. LEGAL CONSIDERATIONS: This item has been reviewed by the County attorney, is approved as to form and legality,and requires majority vote for approval-JAK RECOMMENDATION: To approve the naming of the"Collier 2 Artificial Reef" to the"Jackson's Fish Camp Memorial Reef' and to accept and recognize the donation and authorize budget amendment to appropriate the funds in the Natural Resources Fund(117)Project No. 44038. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division, Growth Management Department Attachment: 1)MOU 2)Administrative Fee Explanation Packet Page -732- 4/26/2016 16.A.22. 3)Copy of Donor Documentation Packet Page -733- 4/26/2016 16.A.22. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.22. Item Summary: Recommendation to approve the name of a Collier County artificial reef site pursuant to the Memorandum of Understanding with the Community Foundation of Collier County and accept and appropriate a donation in the amount of$98,000 for Artificial Reef Donations Project No. 44038. Meeting Date: 4/26/2016 Prepared By Name: HambrightGail Title: Accountant,Coastal Zone Management 3/31/2016 10:00:48 AM Submitted by Title:Accountant,Coastal Zone Management Name: HambrightGail 3/31/2016 10:00:50 AM Approved By Name: Tara Castillo Title:Management/Budget Analyst, Capital Construction&Maintenance Budget/Fiscal Date: 3/31/2016 11:03:19 AM Name: McAlpinGary Title:Manager-Coastal Management Programs, Coastal Zone Management Date: 3/31/2016 2:05:20 PM Name: MarkiewiczJoanne Title:Division Director-Procurement Services,Procurement Services Date: 3/31/2016 2:53:56 PM Name: KearnsAllison Title: Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal Date: 4/1/2016 11:10:57 AM Packet Page -734- 4/26/2016 16.A.22. Name:NorthrupAdam Title: Procurement Specialist,Procurement Services Date: 4/1/2016 4:04:32 PM Name: PattersonAmy Title:Division Director-IF,CPP&PM, Capital Project Planning,Impact Fees and Program Management Date:4/1/2016 4:40:00 PM Name: GreeneColleen Title:Assistant County Attorney, CAO General Services Date: 4/1/2016 5:04:15 PM Name: OberrathKaren Title:Accountant, Senior,Grants Management Office Date: 4/6/2016 2:23:45 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 4/7/2016 2:29:35 PM Name: KlatzkowJeff Title: County Attorney, Date:4/13/2016 5:06:51 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date:4/18/2016 11:24:09 AM Name: CasalanguidaNick Title:Deputy County Manager, County Managers Office Date: 4/19/2016 5:10:27 PM Packet Page -735- 4/26/2016 16.A.22. lii MEMORANDUM Date: January 7, 2014 Cc: Jeff Klatzkow, County Attorney County Attorney's Office From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: MOU—Community Foundation Attached for your records is a copy of the document referenced above, (Agenda Item #11I), adopted by the Board of County Commissioners on Tuesday, December 11, 2013. If you have any questions, please call me at 252-8411. Thank you. Attachment Packet Page-736- 4/26/2016 16.A.22. lii Memorandum of Understanding amt This Memorandum of Understanding dated the A day" Sou■ of 201 between the Community Foundations of Collier County and Collier County Government states as follows: The purpose of this MOU is to clarify the mechanism for the transfer for the CFCC private donated funds for the Artificial Reef program to the County per their request.The funds donated to CFCC are placed in a general Artificial Reef program designated Fund. The reason for utilizing the CFCC is to provide the donor with a tax deduction through an approved IRS 501 C3 established entity. The CFCC funds may be used to aid the County, per their request, in construction of artificial reefs in conjunction with the parameters of the Promotional BP Fund Grant Agreement award accepted by the BCC on April 9,2013 Upon request by the County, the CFCC will release Fund donations to the County restricted project fund for the construction artificial reefs pursuant to executive summary accepted by the BCC dated 5/28/13. The request for aid by the County for funds shall include: permit(s) for an artificial reef between 10 and 30+ miles offshore; approval by the BCC for naming of reef(s)consistent with the donor's request for donations of$100,000 more and certification that an artificial reef construction contract is current and approved. After completion of construction of six (6)permitted reef clusters,thirty-six (36)reefs, of which two (2) permitted clusters, twelve (12) reefs are designated to the County, any additional funds donated to CFCC will be disbursed equally among the participating agencies, upon request, annually in October. These funds may be utilized to construct additional artificial reefs or for maintenance. Protection of Donor's Intent In order to protect the charitable intent of the donor's contribution, this agreement is subject to the Foundation's authority to vary the terms of the gift in accordance to the Bylaws of Community Foundation of Collier County. Expressly, the Foundation can modify any restriction or condition on the distribution of funds for any specified charitable purposes or to specified organizations if in the sole judgment of the Board(without the necessity of the approval of any participating trustee, custodian, or agent) such restriction or condition becomes, in effect, unnecessary,incapable of fulfillment,or inconsistent with the charitable needs of the community area served. Once monies are received, it is considered an irrevocable charitable gift.All contributions are subject to the bylaws of the Community Foundation of Collier County.This is an at-will arrangement,with either party having the right to freely terminate on written notice to the other. Appr•ved By: •.. .•v.d •y: 1011 Ct.et N, ommunity Foundation, Ge111,1-;i .man Collier County Boar County Commissioners k-2. Address: Address: 1{00(nlMi 7,1/J .. 3U13 3//21y. �i/ A.• . .ft. form and legal sufficiency: ATTPr 7; , • Jeffre y I z DWIGRT E R County ito .•• ley PUN Cr Attest as tu'ChairrArj's `� signature re c a!y. Packet Page -737- 4/26/2016 16.A.22. 111 CORPORATE RESOLUTION I, Ciccarelli Kantor,Secretary of the Community Foundation of Collier County, a Corporation duly organized and existing under the laws of the State of Florida,hereby certify that the Board of Trustees,adopted a resolution,on June 18,2013,which is in full force and effect and in accordance with the Corporate by-laws,which resolution did the following:1)empower the following named authorized person(s) to effect securities transactions for the corporation,open bank accounts and transfer funds;2) required signatures of two named individuals for transaction above$5,000 in monetary value;3) authorize the secretary to certify that such a resolution has been duly adopted and will remain in full force in effect until the Bank receives a duly executed amendment to the Certification form. RESOLVED: That the following persons are currently authorized,on behalf of the Corporation,to effect securities transactions,open bank accounts,transfer funds and execute and deliver any instrument necessary to effect any transaction on behalf of the above Corporation and two signatures are required for transactions above$5,000 in monetary value. •ATtJRE&NAME TITLE Eilee •• olly-K� er President/CEO ralitis311hAti2"-..-.411r ary J.Ge; ge , Vice President Community Grantmaking tL William D. ange Trustee lilim— d-&-6 _ Alan M.Horton Chair A N t. S HEREOF,I have hereto subscribed my name and affixed the seal of said ,------- orp• a '• this 18th day of June 2013. ire i i .. , AWria � IFS 1` y_ `Kim rccarelli Kantor,Secretary 'I: 1/11.'t' Packet Page -738- 4/26/2016 16.A.22. From: Lisette E. Holmes [mailto:LHolmes @cfcollier.org] Sent: Monday, November 30, 2015 9:43 AM To: CasalanguidaNick Cc: Eileen Connolly-Keesler; diane.flagg @att.net Subject: RE: Foundation's Administrative Fee of 2% Hi Nick, You are correct. There are no finder's fees or commissions paid as part of our administrative fee. Sincerely, Lisette E. Holmes I CFO lholmes@cfcollier.org I p 239.649.5000 I f 239.649.5337 2400 Tamiami Trail N. I Suite 300 I Naples, FL 34103 cfcollier.org I facebook I cfnationalstandards I guidestar I Foundation Nonprofit Directory LtCOMMUNITY FOUNDATION OF COLLIER COUNTY roc,CUOD P ORL Vz:A7. From: Lisette E. Holmes [mailto:LHolmes @ cfcollier.org] Sent: Monday, November 30, 2015 8:53 AM To: CasalanguidaNick Cc: Eileen Connolly-Keesler; diane.flagg @att.net Subject: Foundation's Administrative Fee of 2% The following is an excerpt from the Special Project fund agreement: The Foundation fees for a Special Project Fund are 2%of contributions collected according to our published fee schedule, plus direct costs associated with administration of the fund (i.e. postage, printing, paper, etc.). Fees may change as determined by the Board. Administrative services include: • Receiving donations • Maintaining records and reporting to fund raisers; • Carrying out correspondence with fund raisers,donors,vendors, and others; • Properly acknowledging donations of all sizes; • Investing funds in short term, cash equivalent securities; • With proper authorization,fund disbursements. a. Services are rendered on a project basis to be completed within schedule or reasonable time frame. b. The Foundation shall make disbursements with the authorization of the key fund contacts. c. Disbursements require at least one-week notification. Please feel free to contact me if you have any further questions regarding the Foundation's administrative fee. Sincerely, Lisette F. Holmes ! CFO lholmes(@sfcollier.org I p 239.649.5000 1 f 239.649.5337 2400 Tamiami Trail N. 1 Suite 300 1 Naples, FL 34103 cfcollier.org I facebook I cfnationalstandards I guidestar I Foundation Nonprofit Directory COMMUNITY FOUNDATION OF COLLIER COUNTY Packet Page -739- 4/26/2016 16.A.22. I V to gan Stanley .- ' tFf§tm N welcome 0 .=ct , .. . ,. , r: LCDG"A(1T>u Payments 1IDtr', Home ..ecoutaLS Morkets+Research Transfers <ayments wade rviLe 4i1i 10990 Now Available: i All 1099s are now available for download and can be accessed by going to Accounts.then Documents.or by clicking here For more information.please refer to the AU 7099s ore now available alert by clicking on the bell icon on the right hand side of the main navigation bar. Quick ACtietl COMMUNi`Y F,;DN OF COLLIER Chit fotai Assets Todav's Grange A:3lahie Cash A.ai!,;,ie to Imes,. $97,827.95 - $0.00 $97,827.95 As of 3/31/2016 9:10AM ET Viewer hi- 4 0 . Holdings Activity Realized Gain I Loss Portfolio Reports Documents View _ast 30 Da .. an. Deposits,Payments+Cash Transfers Investment Activity Ail A,CUvt}' Processing f U Activity Activity Description Quantity Price(S) Amount($) Running Balance($) Transaction Dale Date MONDELEZ INTL INC COM 03/30/2016 03/30/2016 Sold PREFERENTIAL RATE 392.000 40.473 15,858.80 97,827,95 UNSOLICITED TRADE DOMINION RES INC(NEW) 03/30/2016 03/30/2016 Sold PREFERENTIAL RATE 400.000 74.783 29,906,28 81,969.15 UNSOLICITED TRADE POWERSHARES QQQ TR 03/30/2016 03/30/2016 Sold PREFERENTIAL RAE 250.000 109.344 27,329.08 52,062.87 UNSOLICITED TRADE PHILIP MORRIS INTL INC 03/30/2016 03/30/2016 Sold PREFERENTIAL RATE 250,000 98.963 24,733.79 24,733.79 UNSOLICITED TRADE FUNDS PAID Packet Page -740- 4/26/2016 16.A.22. �.. � t 25-2/44o 2067 v-'7,t'(/' . .I:. , .. 1...A , ' _A' ' 'Icit $ 4 ,-7a. c)- __ A ,._. • • , i (14.Zr *--1' 0 Hun t noon Prtvate Banking 11(-„, 'CARP 1rwr�c./K+N( . Packet Page -741-