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Agenda 09/13/2016 R Item #16F13 16.F.13 09/13/2016 EXECUTIVE SUMMARY Recommendation to approve a Memorandum of Agreement made and entered into by and between the State of Florida, Department of Economic Opportunity (DEO), and Collier County to designate the area in and around Immokalee as a Rural Area of Opportunity (RAO) and to appoint the designated contacts for Collier County as identified in Exhibit A to the Memorandum of Agreement. OBJECTIVE: To continue participation in the program for the benefits of being a designated Rural Area of Opportunity (RAO). The purpose of this MOA is to document the terms and conditions of the implementation of the RAO, formerly the Rural Area of Critical Economic Concern (RACEC) designation. CONSIDERATIONS: The RACEC designation was first denoted by Executive Order in 2001 by then- Florida Governor Jeb Bush. Florida's Heartland Regional Economic Development Initiative, Inc. (FHREDI) petitioned to have the designation renewed in 2006. On May 23, 2006, the Board of County Commissioners ("Board") approved Agenda Item No. 16A8, a Cooperative Agreement with the Office of Tourism, Trade and Economic Development that recognized the designation of an area known as the South Central Florida Region as a rural area of critical economic concern. On February 16, 2011, the Cooperative Agreement expired. Renewal of this designation was required in 2011, thus, in 2011, FHREDI petitioned Gov. Rick Scott to extend the RACEC designation another five years and to keep the Community of Immokalee within the South Central RACEC designation. On September 13, 2011, the Board approved Agenda Item No. 16.B.2, a new Cooperative Agreement with the Office of Tourism, Trade and Economic Development that expires April 22,2016. In 2014, Governor Rick Scott changed the designation from RACEC to RAO and all the counties and local communities in the Rural Economic Development Initiative South Central Florida region are required to renew their designations as a RAO. On April 19, 2016, FHREDI was dissolved and on April 26,2016,Florida Heartland Economic Region of Opportunity(FHERO)was formed. The benefits of being a designated RAO is that communities are given extra points on grants, they are eligible to receive waivers or a reduction of matching funds,they are priority assignments for FHERO, as well as to allow the Governor, acting through FHERO to waive criteria, requirements, or similar provisions of any economic development incentive. Incentives include, but are not limited to, the Qualified Target Industry Tax Refund Program, Quick Response Training Program, and Quick Response Training Program for participants in the welfare transition program, transportation projects, Brownfield redevelopment bonus refund, and the rural job tax credit program. Pursuant to Executive Order 16-150, the RAO designation for the area around Immokalee included within the Round II Federal Rural Enterprise Community located in northeast Collier County shall be in effect for five years and will expire on June 27,2021. RAO designation is, by statute and Executive Order, contingent upon execution of a MOA between the Parties. FHERO shall recommend the RAO designation be terminated if this MOA is not duly executed or if this MOA is terminated and another MOA is not timely and duly executed in its place. Packet Pg.2957 16.F.13 09/13/2016 The MOA, Exhibit A, requires the designation of contacts for Collier County. The first designee is for an elected or appointed official to attend meetings. Staff recommends Christie Betancourt, Interim Operations Manager, Collier County Community Redevelopment Agency(CRA) and Municipal Services Taxing Unit (MSTU) - Immokalee, as identified in Exhibit A to the MOA. The second designee is for a person from a non-profit organization engaged in economic development to act as point person for interaction with Enterprise Florida, Inc. (EFI) and Florida Power and Light (FPL). Staff recommends Kristi Bartlett, Vice President, The Partnership for Colliers Future Economy, Inc. who is our contracted point person for EFI and FPL as identified in Exhibit A to the MOA. FISCAL IMPACT: There is no fiscal impact related to this request. LEGAL CONSIDERATIONS: This it is approved for form and legality and requires a majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this action. RECOMMENDATION: That the Board of County Commissioners approves a Memorandum of Agreement made and entered into by and between the State of Florida, Department of Economic Opportunity (DEO), and Collier County and to appoint the designated contacts for Collier County as identified in Exhibit A to the Memorandum of Agreement. Prepared by: Mario D'Agostino, Economic Research Analyst, Business & Economic Development Division ATTACHMENT(S) 1. EO 16-150 (PDF) 2.Collier County For Immokalee SC RAO Re-Designation MOA ver 5 (PDF) Packet Pg.2958 16.F.13 09/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.13 Item Summary: Recommendation to approve a Memorandum of Agreement made and entered into by and between the State of Florida, Department of Economic Opportunity (DEO), and Collier County to designate the area in and around Immokalee as a Rural Area of Opportunity (RAO) and to appoint the designated contacts for Collier County as identified in Exhibit A to the Memorandum of Agreement. Meeting Date: 09/13/2016 Prepared by: Title: Administrative Assistant—Business and Economic Development Name: Jennifer Leslie 08/31/2016 3:02 PM Submitted by: Title: Economic Research Analyst—Business and Economic Development Name: Jace Kentner 08/31/2016 3:02 PM Approved By: Review: Public Transit&Neighborhood Enhancement Michelle Arnold Level 1 Add Division ReviewerCompleted Business and Economic Development Jace Kentner Level 1 Add Division Reviewer Completed 09/06/2016 12:15 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/07/2016 11:22 AM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/07/2016 11:32 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/07/2016 11:39 AM Budget and Management Office Ed Finn Level 3 OMB 1st Reviewer 1-4 Completed 09/07/2016 11:48 AM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 09/07/2016 12:01 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM Packet Pg. 2959 16.F.13.a • STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 16-150 WHEREAS, although economic progress has been made in many areas, the growth and prosperity enjoyed by most communities in the State during the past 50 years have not extended into Florida's rural areas: and WHEREAS, these communities are stewards of the vast majority of Florida's land and natural resources, upon which the State's continued growth and prosperity depend; and WHEREAS, successful rural communities are essential to the overall success of the o w State's economy and quality of life; and WHEREAS, certain rural communities are struggling to maintain, support, or enhance 2 job creating activity, or to generate revenues for education and other critical government services 2 such as infrastructure, transportation and safety; and WHEREAS, the challenges faced by these rural communities threaten their well-being and viability; and w WHEREAS. the Governor is authorized, pursuant to section 288.0656(7), Florida w E Statutes, to designate up to three rural areas of opportunity, upon recommendation of the Rural a Economic Development Initiative; and WHEREAS, a rural area of opportunity, formerly known as a rural area of critical economic concern, is a rural community, or a region composed of rural communities, designated by the Governor, that has been adversely affected by an extraordinary economic event, severe or Packet Pg. 2960 16.F.13.a chronic distress, or a natural disaster, or that presents a unique economic development opportunity of regional impact: and WHEREAS, the counties of DeSoto, Glades, Hardee, Hendry, Highlands. and Okeechobee and the cities of Belle Glade, Pahokee, and South Bay in Palm Beach County, and the area around Immokalee included within the Round II Federal Rural Enterprise Community located in northeast Collier County were designated on January 26. 2001. as a rural area of critical economic concern by Executive Order 01-26, for a period of five years, and the Rural Economic Development Initiative was directed to review the designation and recommend whether the designation should be continued; and v ces WHEREAS, the Rural Economic Development Initiative met on January 1 7. 2006, and 0 recommended the Governor continue the designation of the counties of DeSoto. Glades, Hardee, Hendry, Highlands, and Okeechobee and the cities of Belle Glade,Pahokee. and South Bay insa Palm Beach County, and the area around Immokalee included within the Round II Federal Rural 0 Enterprise Community located in northeast Collier County as a rural area of critical economic concern: and WHEREAS, the counties of DeSoto, Glades, Hardee, Hendry, Highlands, and 0 Okeechobee and the cities of Belle Glade, Pahokee and South Bay in Palm Beach County, and E the area around Immokalee included within the Round II Federal Rural Enterprise Community located in northeast Collier County were designated on February 16, 2006, as a rural area of critical economic concern by Executive Order 06-34, for a period of five years; and WHEREAS, the designation expired on February 16, 2011, and the Rural Economic Development Initiative met on March 18, 2011, and recommended the Governor continue the designation of the counties of DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee and Packet Pg.2961 16.F.13.a the cities of Belle Glade, Pahokee. and South Bay in Palm Beach County, and the area around Immokalee included within the Round II Federal Rural Enterprise Community located in northeast Collier County as a rural area of critical economic concern; and WHEREAS, the counties of DeSoto, Glades. Hardee, Hendry. Highlands. and Okeechobee and the cities of Belle Glade. Pahokee.and South Bay in Palm Beach County and the area around Immokalee included within the Round II Federal Rural Enterprise Community located in northeast Collier County were designated on April 22, 2011, as a rural area of critical economic concern, by Executive Order 1 1-81, for a period of live years: and c°a m WHEREAS, the Rural Economic Development Initiative met on February 19. 2016, and v 05 agreed to recommend to the Governor to continue the designation of the counties of DeSoto, �O 0 Glades, Hardee, Hendry, Highlands and Okeechobee and the cities of Belle Glade, Pahokee, and South Bay in Palm Beach County, and the area around Immokalee included within the Round II 0 Federal Rural Enterprise Community located in northeast Collier County as a rural area of 2 opportunity, and the designation expired on April 22, 2016. 0 NOW, THEREFORE, I, RICK SCOTT, as Governor of Florida, by virtue of the authority vested in me by article IV, section 1(a), Florida Constitution, and section 288.0656(7), o Florida Statutes, do hereby issue the following Executive Order, effective immediately: Section 1. The area within the boundaries of the counties of DeSoto. Glades,Hardee, Hendry, Highlands, and Okeechobee and the cities of Belle Glade. Pahokee and South Bay in Palm Beach County, the area around Immokalee included within the Round II Federal Rural Enterprise Community located in northeast Collier County is designated as a rural area of opportunity. 3 Packet Pg. 2962 16.F.13.a Section 2. This area shall be a priority assignment for the Rural Economic Development Initiative. Section 3. On a case-by-case basis, the criteria, requirements or provisions of economic development incentives may be waived. Such incentives include, but shall not be limited to, the Qualified Target Industry Tax Refund Program under section 288.106, Florida Statutes,the Quick Response Training Program under section 288.047. Florida Statutes, the Quick Response Training Program for participants in the welfare transition program under section 288.047(8), Florida Statutes, transportation projects under section 339.2821, Florida Statutes, the Brownfield ° U redevelopment bonus refund under section 288.107, Florida Statutes. and the rural job tax credit oes program under sections 212.098 and 220.1895, Florida Statutes. w Section 4. Pursuant to section 288.0656(7), Florida Statutes, access to the assistance a) available under this Designation as a rural area of opportunity shall be contingent upon the 0 execution of memoranda of agreement between the Department of Economic Opportunity. the 2 governing bodies of the counties, and the governing bodies of the municipalities included within the area. Such memoranda of agreement shall specify the terms and conditions of the designation, including, but not limited to, the duties and responsibilities of the counties and w municipalities to take actions designed to facilitate the retention and expansion of existing E businesses in the area, as well as the recruitment of new businesses to the area. a 4 Packet Pg. 2963 I 6.F.1 3.a Section 5. This designation shall be in effect for five years and will expire on June 27, 2021. The Rural Economic Development Initiative may recommend the designation be terminated or continued based on economic development progress from current base lines or upon performance under the memoranda of agreement. IN TESTIMONY WHEREOF. I have hereunto set my hand and caused the Great Seal of the State of ,..., , . Florida to be affixed at Tallahassee, the Capitol, this ' ,I:Ml'og .*v•-:, ' .?,^ 27th day ofJune. 2016. /... (--. ,;,,.c .j ij •11:\,, .,, • '''' 1'71ns II.. :'NeHjtv', ,.;:),I c 4), \( C. Z(71 0 _.0a),.... 0 GOVERNOR so Lu Oki)v.01'"'''''' ci c a) a) 3 *al sa .ct ATTEST: c . , o .. . m . _ ., . ...; cc tr) 1- dit51/L/ U -•.: -, ECRETARY OF 'TATE .... „,... - 0 w *E. a> E .,c c.) as ;4'i 5 Packet Pg. 2964 16.F.13.b Agreement No. F1226 MEMORANDUM OF AGREEMENT STATE OF FLORIDA w DEPARTMENT OF ECONOMIC OPPORTUNITY a U L a) iE THIS MEMORANDUM OF AGREEMENT (MOA) is made and entered into by and between the State ci of Florida, Department of Economic Opportunity(DEO), and Collier County (County). DEO and the 05 County are sometimes referred to herein individually as a "Party" and collectively as "the Parties." o c a> a) I. Background and Purpose of MOA 3 d A. The purpose of this MOA is to document the terms and conditions of the o implementation of the Rural Area of Opportunity (RAO), formerly the Rural Area of E Critical Economic Concern (RACEC) designation. o rn r B. The Governor of Florida recognizes that successful rural communities are essential to the overall success of the State of Florida's economy and quality of life,yet many rural a.. communities struggle to maintain, support or enhance job creation activities and to Q generate revenues for critical government services. 0 E c 0 C. Florida's Legislature also recognizes that rural communities continue to face extraordinary challenges in their efforts to significantly improve their economies,and as c such, section 288.0656, Florida Statutes (F.S.), establishes the Rural Economic u) Development Initiative (REDI) within DEO and authorizes the participation of State and o regional organizations in this initiative. Section 288.0656(7)(a), F.S., provides for the et designation of up to three RAOs. RAOs are rural communities that have been adversely ct affected by extraordinary economic events, severe or chronic distress, a natural disaster, or an event that presents a unique economic development opportunity of cn a) regional impact. cuY 0 D. Pursuant to section 288.0656(7),F.S.,representatives of the State and regional agencies E E and organizations comprising the REDI met on February 19,2016 and recommended the16 re-designation of the South Central region composed of DeSoto, Glades, Hardee, L.L. Hendry, Highlands and Okeechobee counties, the cities of Belle Glade, Pahokee, and South Bay in Palm Beach County, and the area around Immokalee included within the o Round II Federal Rural Enterprise Community located in northeast Collier County as a U ti rural area of opportunity. Governor Rick Scott signed Executive Order 16-150 which re- — designated the area for another five-year term with an expiration date of June 27,2021. c E. The Empowerment Alliance of Southwest Florida Round II Federal Rural Enterprise 0 Community extended across Collier and Hendry counties in southwest Florida and c encompassed the area around Immokalee. The area around Immokalee is in Collier Page l of 7 Packet Pg. 2965 16.F.13.b Agreement No. F1226 County, and the county is the appropriate entity to enter into this Memorandum of Agreement for the area around Immokalee. II. The Rural Economic Development Initiative (REDI) A. REDI is a proactive,multi-agency effort responsible for coordinating and focusing efforts and resources of State and regional agencies on problems which affect the fiscal, economic, and community viability of Florida's economically distressed rural p communities. B. REDI works with local governments, community-based organizations, and private organizations on the growth and development of these communities to find ways toSD enhance the local economy and resolve issues while balancing local environmental and o growth management needs. C. Participating REDI representatives: 1. must have comprehensive knowledge of their agencies' functions, both regulatory and service in nature, and of the State's economic goals, policies, and programs; 2. act as the primary point of contact for their agencies on issues and projects relating to economically distressed rural communities; a 3. ensure prompt and effective response to problems arising with regard to rural issues; 4. work closely with other REDI representatives in the identification of opportunities for preferential awards of program funds and allowances, and waiver of program requirements,when necessary,to encourage and facilitate long-term private capital investment and job creation; 5. review and evaluate statutes and rules for adverse impact on rural communities and the development of alternative proposals to mitigate that impact; 6. undertake outreach, capacity-building, and other advocacy efforts to improve CD conditions in rural communities; "Fs d 7. ensure each district office or facility of their agencies is informed about REDI; o 8. provide assistance throughout their agencies in the implementation of REDI activities; 9. recognize counties and communities with RAO designations as eligible for a u_ reduction or waiver of financial match of state grants and permit fees, as well as waivers of the criteria,requirements,or similar provisions of economic development incentives; and 10. recognize designated RAOs are priority assignments for REDI, per section 288.0656(7)(a), F.S. 0U � I D. On a case-by-case basis, REDI may recommend to the Governor waivers of criteria, requirements or similar provisions of any economic development incentive. Such incentives shall include, but not be limited to: 1. the Qualified Targeted Industry Tax Refund Program under section 288.106, F.S., Page 2of7 Packet Pg.2966 16.F.13.b Agreement No. F1226 2. the Quick Response Training Program under section 288.047, F.S., 3. the WAGES Quick Response Training Program under section 288.047(8), F.S., 4. the Economic Development Transportation Fund under section 339.2821, F.S., c 5. the Brownfield Bonus Tax Program under section 288.107, F.S., and U 6. the Rural Job Tax Credit Program under sections 212.098 and 220.1895, F.S. a; 0 E. Section 288.0656(7)(c), F.S., states: "[e]ach rural area of opportunity may designate 0 05 catalyst projects, provided that each catalyst project is specifically recommended by O REDI, identified as a catalyst project by Enterprise Florida, Inc. [EFI], and confirmed as a Lun catalyst project by the department [DEO]. All state agencies and departments shall use a) all available tools and resources to the extent permissible by law to promote the 3 creation and development of each catalyst project and the development of catalyst s sites." 0 2 F. REDI reviews the RAO designation and may recommend the designation of the area, o counties, or municipalities be terminated or continued based upon performance under this MOA. — L0 L a) III. The Participating Community o E A. Pursuant to section 288.0656(7)(b), F.S., and Executive Order 16-150, RAO designation o shall be contingent upon the execution of a MOA between DEO and the governing 0 bodies of the counties and the municipalities included within the area. Such MOAs shall ca, specify the terms and conditions of the designations and the duties and responsibilities o of the counties and municipalities. ds ce B. The County agrees that fulfillment of the following duties and responsibilities, as cc reasonably determined by REDI, are required for recommendation by REDI for continued RAO designation. a) coTo C. The County shall: E 1. designate a specific contact person from among County elected or appointed L officials to serve as a point of contact in all matters and activities relating to the u_ .. South Central RAO; c c O 2. designate a specific person from a non-profit organization actively engaged in economic development within the County,to serve as the as single point of contact ._ to represent and provide input on all economic development matters and activities c.) relating to the South Central RAO, and to receive and process leads and referrals from EFI; E U co 3. include contact information for designees on Exhibit A, attached hereto, (these designees may be the same designee to serve as the representative to other similar Page 3 of 7 Il In Packet Pg.2967 16.F.13.b Agreement No. F1226 organizations);the County shall inform DEO in writing by either mail or email of any changes to the specified persons within ten (10) business days of the change; 7-. 4. in order to help build knowledge and skill sets required to compete more effectively 0 for job creating projects,ensure one or both of the designated representatives: a) participate in at least two economic development training events offered by = DEO, EFI, the Florida Economic Development Council (FEDC), utility 0 companies, and/or other state or national recognized economic 05 O development organizations each state fiscal year, b) regularly attend the meetings of, actively participate in,and provide input to the RAO regional economic development organization, c) represent the County at national or regional economic development marketing events or trade shows, and d) complete a Basic Economic Development Course approved by the 2 International Economic Development Council (IEDC); 5. provide REDI with a written record of activities described in subparagraphs III.C., 4.(a) through (d), above, semiannually, beginning 180 days from the execution of this MOA; 0 6. in order to facilitate the retention and expansion of existing businesses as well as the recruitment of new businesses, ensure one or both of the designated ° representatives: a) work closely with the communities within the County to gather information on available buildings and sites, o b) input and update (or provide the information to the regional economic ce development organization to do so) the County's available buildings and ¢ sites into statewide and regional databases, including, but not limited to U those developed by EFI (www.enterpriseflorida.com/find-properties), cn Florida Power and Light, Duke Energy, or regional organizations, c) visit existing businesses to learn about potential needs and city, county or o state impediments to attracting or expanding businesses, E d) seek input from existing businesses on local processes (including, but not L limited to: business permitting, approval of construction plans, and land ,° use, licensing, and application processes), and e) relay training needs to the local workforce board; o 7. provide REDI with a written record of activities described in subparagraphs III.6.(a) through (e), above,semiannually, beginning 180 days from the date of execution of this 0 MOA; and CD 8. provide DEO with an overview and timeline of the local permitting process, plan approval and business licensing requirements within 180 days of execution of this MOA. Page 4 of 7 r1 Packet Pg. 2968 16.F.13.b Agreement No. F1226 IV. Implementation and Duration A. Pursuant to Executive Order 16-150,the designation of the South Central RAO affecting the counties of DeSoto, Glades, Hardee, Hendry, Highlands and Okeechobee, the cities of Belle Glade, Pahokee, and South Bay in Palm Beach County, and the area around Immokalee included within the Round II Federal Rural Enterprise Community located in northeast Collier County shall be in effect for five years and will expire on June 27, 2021. 0 B. REDI may recommend the RAO designation and this MOA be terminated or continued based on performance under this MOA. C. This MOA shall take effect immediately upon full and proper execution by all Parties, and supersedes and replaces any and all previous such RACEC and RAO agreement(s) 0 between the Parties. 2 ca D. This MOA shall expire on June 27, 2021 unless terminated earlier. u) E. Both Parties shall review this MOA annually. If revisions are needed, notification shall be given to both Parties in writing of the specific changes desired with the proposed amendment language and the reasons for the revisions. With the mutual consent of 0 both Parties,the proposed changes shall become effective when both Parties have duly executed an amendment to this MOA. c a, F. The County may terminate this MOA at any time upon written notice to DEO. t G. RAO designation is, by statute and Executive Order, contingent upon execution of a MOA between the Parties. REDI shall recommend the RAO designation be terminated ce if this MOA is not duly executed or if this MOA is terminated and another MOA is not timely and duly executed in its place. a) Ta - The remainder of this page has been intentionally left blank. - E 0 L c z O U 0 O 0 c E 0 fC w Page 5of7 Packet Pg. 2969 16.F.13.b Agreement No. F1226 V. EXECUTION I have read the above MOA and the Exhibit thereto and understand each section and paragraph. U IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the Attachments and Exhibits hereto, the Parties have caused to be executed this MOA by ors their undersigned officials duly authorized. w ❑ a, COWER COUNTY DEPARTMENT OF ECONOMIC OPPORTUNITY 0 E By By Signature Signature Donna Fiala Taylor Teepell, Director, Title Chairman, Collier County Board of Title Division of Community 0 County Commissioners Development 0 r ra Date Date N a> cc O Approved as to form and legality Approved as to form and legal sufficiency,subject U only to full and proper execution by the Parties. a) Assistant County Attorney 2 OFFICE OF GENERAL COUNSEL 7>C11"";:* DEPARTMENT OF ECONOMIC OPPORTUNITY By: 0 Approved Date: 0 U 4.: E U ca Page 6of7 Packet Pg. 2970 16.F.13.b Agreement No. F1226 EXHIBIT A- DESIGNATED CONTACTS Collier County c 0 U I- Contact Information for an Elected or Appointed Official U 0 Name: Christie Betancourt, Interim Operations Manager o c a) Address: 750 South Fifth Street a) Immokalee, FL 34142 o 2 Phone: 239-867-0028 rn 239-252-6725 Fax: ,t, m Email: christiebetancourt@colliergov.net 0 c 0 Contact Information for One Person from C a Non-Profit Organization Engaged in Economic Development 0 w cc Name: Kristi Bartlett a Address: 2390 Tamiami Trail N.,Ste 210 (1) a� d Naples, FL 34103 0 E Phone: 239-403-2914 0 Fax: (239)262-8374 c 0 Email: kristi@napleschamber.org U L 0 U c Please complete this page and return with the signed MOA. The County is required to inform E DEO of any changes to this information within ten business days of a change. 41 Page 7 of 7 Packet Pg. 2971