Agenda 09/22/2015 Item #16A24 9/22/2015 16.A.24.
EXECUTIVE SUMMARY
Recommendation to accept a donation in the amount of$110,500 from the Community Foundation
of Collier County to fund additional artificial reefs under the County's Artificial Reef Program,
authorize expenditure of these funds, approve naming rights, and approve a budget amendment to
recognize the revenue.
OBJECTIVE: To provide additional funds for the County's Artificial Reef Program (ARP)
through donations from the Community Foundation of Collier County(CFCC).
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 ARP. On May 28, 2013, the Board agreed to accept
donations from the CFCC and to consider naming County reefs in accordance with suggestions
to be made by the CFCC. On December 10, 2013 (Agenda Item 11I), the Board approved a
Memorandum of Understanding (MOU) with the CFCC to clarify roles regarding acceptance of
donations from the CFCC for the construction of artificial reefs.
The CFCC and Collier County staff is requesting that the Board accept the donations in the
amount of $110,500 from the CFCC to be used to construct two additional artificial reefs and
artificial reef modules off the Coast of Collier County. Funds were received in phases with
$10,000 received on 2/23/2015, $2,500 received on 2/27/2015 and $98,000 received during the
week of 9/14/2015.
Specifically, staff is requesting that the Board:
1. Recognize the revenue in the amount of$1 10,500 for the ARP.
2. Authorize expenditure to construct the two artificial reefs off the Collier County Coast.
3. Approve the naming rights of these artificial reefs as a condition of the financial
contribution.
4. Direct staff to place these funds in a restricted project fund to be used solely for the ARP.
FISCAL IMPACT: A budget amendment is necessary to recognize the funds received within
the Natural Resource Fund (117), Project No. 44038, Artificial Reef Donation.
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 reefs.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval. —CMG
RECOMMENDATION: That the Board accept donations in the amount of$110,500 from the
Community Foundation of Collier County to fund additional artificial reefs and modules under
the County's Artificial Reef Program, authorize the expenditure of these funds. approve naming
rights and approve a budget amendment to recognize the revenue.
Prepared By: J. Gary McAlpin — Coastal Zone Management, Capital Project Planning, Impact
Fees and Program Management Division, Growth Management Department
Attachments: 1) 12/10/2013 ES Artificial Reef; 2) 1/3/2014 MOU
Packet Page -1035-
9/22/2015 16.A.24.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.24.
Item Summary: Recommendation to accept a donation in the amount of$110,500 from
the Community Foundation of Collier County to fund additional artificial reefs under the
County's Artificial Reef Program, authorize expenditure of these funds, approve naming rights,
and approve a budget amendment to recognize the revenue.
Meeting Date: 9/22/2015
Prepared By
Name: HambrightGail
Title: Accountant, Growth Management Department
9/10/2015 1 1:35:05 AM
Submitted by
Title: Accountant, Growth Management Department
Name: HambrightGail
9/10/2015 11:35:06 AM
Approved By
Name: Puigjudy
Title: Operations Analyst, Growth Management Department
Date: 9/10/2015 2:10:16 PM
Name: McAlpinGary
Title: Manager-Coastal Management Programs, Growth Management Department
Date: 9/10/2015 4:44:09 PM
Name: Markiewiczloanne
Title: Division Director-Procurement Services, Administrative Services Department
Date: 9/10/2015 4:57:02 PM
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 9/10/2015 6:58:21 PM
Packet Page -1036-
9/22/2015 16.A.24.
Name: NorthrupAdam
Title: Procurement Specialist,Administrative Services Department
Date: 9/11/2015 11:16:52 AM
Name: Tara Castillo
Title: Management/Budget Analyst, Growth Management Department
Date: 9/14/2015 4:06:28 PM
Name: PattersonAmy
Title: Division Director-IF, CPP&PM, Growth Management Department
Date: 9/14/2015 4:39:23 PM
Name: MarcellaJeanne
Title: Executive Secretary, Growth Management Department
Date: 9/14/2015 4:53:46 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 9/14/2015 5:01:24 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 9/15/2015 9:05:32 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/15/2015 10:33:46 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 9/15/2015 10:34:07 AM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 9/15/2015 11:06:56 AM
Packet Page -1037-
9/22/2015 16.A.24.
EXECUTIVE SUMMARY
Recommendation for the Board to consider a Memorandum of Understanding (MOU)with
the Community Foundation of Collier County (CFCC) to clarify CFCC and County roles
regarding acceptance of donations from the CFCC for the construction of artificial reefs.
OBJECTIVE: To provide additional funds for the County's Artificial Reef Program (ARP)
through donations from the CFCC.
CONSIDERATIONS: On April 23, 2013, the 13CC approved a $500.000 grant award from the
Gulf Tourism and Seafood Promotional Fund to expand and improve Collier County's artificial
reef program. On May 28, 2013, the BCC agreed to accept donations from the CFCC and to
consider naming County reefs in accordance with suggestions to be made by the CFCC. If
approved,these funds would be placed in a restricted project fund to be used solely for the ARP.
The CFCC has requested that the Board approve the attached memorandum in order to
memorialize and document the intent of these donations and the requirements for disbursement.
The CFCC is accepting private donations with the intent of supporting the ARPs of Collier
County, the City of Marco Island and the City of Naples. The CFCC is proposing to request that
the BCC approve a specific artificial reef name for individuals that donate $100.000 or more.
Individuals and private organizations may also make donations to the CFCC, in varying
amounts, in support of the ARP. All donations and naming requests will be brought to the Board
on an individual basis for specific consideration and approval as funds are available.
Administrative authority is not being requested as part of this executive summary.
The attached MOU has been submitted by the CFCC for BCC considerations so it can be used as
a reference document for its fund raising activity.
FISCAL IMPACT: None at this time. Upon receipt of donations for the ARP, a budget
amendment will be necessary to recognize the funds and place the donation into a restricted
project fund.
GROWTH MANAGEMENT IMPACT: This grant is supportive of 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 is approved as to form and legality. and requires
majority vote for approval. -JAK
RECOMMENDATION: Staff recommends that the BCC considers CFCC's request to enter
into a MOU regarding the acceptance of donations from the CFCC for the ARP.
Prepared By: Nick Casalanguida, GMD,Administrator at the request of the CFCC
Attachment: A) Memorandum of Understanding (MOU) with the Community Foundation of
Collier County(CFCC)
Packet Page -1038-
9/22/2015 16.A.24.
Memorandum of Understanding
This Memorandum of Understanding dated the day of 2013 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.
Approved By: Approved by:
Community Foundation of Georgia Hiller,Chairwoman
Collier County Board of County Commissioners
Address: Address:
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
Packet Page -1039-
9/22/2015 16.A.24.
11i
Memorandum of Understanding
aot`i
This Memorandum of Understanding dated the — dayySou\ of 201w 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 5100,000 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 soie judgment of the Boara (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 oylaws
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.
Aopr•ved By. ''.pr'v a by:
,/‘ Pk.0t• Cr�S��
ommunity Foundation• Ge• 9-;myman
Collier County Boars Commissioners t-2..\sy\\-.5
Address: Address:
rya uo (avv,,cc ;-Tr/ 30'c,
—
�� .( 3q,
A • •i • it form and legal sufficiency.
r i
ATTEST; Jeffrey 1.1,
County to 1.ey
Deputy Clint`
Attest as d'Chaithi:n''s
sifIn tt!rtr Ali .
Packet Page-1040-
9/22/2015 16.A.24.
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.
eIG—N-A)TuRE&NAMV TITLE
Eilee '•i oily- e-. er President/CEO
Aviary J. Geetge tJ Vice President Community Grant-making
l L .I a �✓
William D D. ange Trustee
Alan ivi.Horton Chair
_ITti,', f`l\ESS HEREOF, I have hereto subscribed my name and affixed the seal of said
/ o:p -a •rr this 18th day of Tune 2013.
•
Verlir 4 445
�l•:iri(C,ccarelli Kantor; Secretary
Packet Page -1041-