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Agenda 12/14/2021 Item #16B 1 (MOU w/State of FL, DEO & Collier County for Immokalee community participation in RAO)16.B.1 12/14/2021 EXECUTIVE SUMMARY Recommendation to approve a Memorandum of Agreement (Agreement) between the State of Florida, Department of Economic Opportunity (DEO) and Collier County specifying the terms and conditions of the Immokalee community as a participating member of the South Central Rural Area of Opportunity (RAO) through June 28, 2026, appoint designated contacts for Collier County as identified in Exhibit A to the Agreement and authorize the Chairman to sign the Agreement. OBJECTIVE: To continue participation in the South Central Rural Area of Opportunity (RAO) designation and program benefits. CONSIDERATIONS: The Rural Area of Critical Economic Concern (RACEC) designation was first denoted by Executive Order in 2001 by then Florida Governor Jeb Bush. FHREDI petitioned to have the designation renewed in 2006. On May 23, 2006, the Board of County Commissioners ("Board") approved a Cooperative Agreement with the Office of Tourism, Trade and Economic Development which recognized the designation of an area known as the South Central Florida Region as a rural area of critical economic concern, Agenda Item No. 16A8. On February 16, 2011 the Cooperative Agreement expired. Renewal of this designation was required in 2011, thus, in 2011 FHREDI petitioned Governor Rick Scott to extend the RACEC designation another 5-years and to keep the Community of Immokalee within the South Central RACEC designation. On September 13, 2011, the Board approved a new Cooperative Agreement with the Office of Tourism, Trade and Economic Development which expired April 22, 2016, Agenda Item No. 16132. In 2014, Governor Rick Scott changed the designation from Rural Area of Critical Economic Concern (RACEC) to Rural Area of Opportunity (RAO) and all the counties and local communities in the Rural Economic Development Initiative South Central region were required to renew their designation as RAO. On April 19, 2016, FHREDI was dissolved and on April 26, 2016 Florida Heartland Economic Region of Opportunity (FHERO) was formed. Pursuant to Executive Order 16-150, the RAO designation for the area around Immokalee included within Round II Federal Rural Enterprise Community located northeast of Collier County shall be in effect for five years and will expire on June 27, 2021. On September 13, 2016, the Board approved an MOA between DEO and Collier County to designate the area and participate in the program benefits. FHERO's mission is to market, facilitate and advocate for regional economic development opportunities in South Central Florida. On June 28, 2021, Governor DeSantis issued Executive Order Number 21-149 which re- designated the South Central RAO for another five-year term with an expiration date of June 28, 2026. Pursuant to Florida Statute and the Executive Order, RAO designation shall be contingent upon execution of the MOA between Parties. The benefits of being a designated RAO include additional points for grant scoring, State approved economic development incentives for rural communities including the Governor's ability to waive criteria for any economic development incentive. As a member of FHERO, the Packet Pg. 1359 12/14/2021 16.B.1 Immokalee community collaborates with the other South Central Florida RAO members to market and advocacy for economic development incentives and opportunities in rural Central Florida. Through this partnership, the Immokalee Community receives marketing and technical assistance to advance economic development opportunities in the community. The MOA, Exhibit A, requires the designation of contacts for Collier County. The first designee is for an elected or appointed official to serve as a point of contact in all matters and activities relating to the South Central RAO. Historically, staff has been appointed by the Board to fill the positions. The appointments provide DEO with a point of contact regarding economic development activities within the Immokalee area. Staff recommends Debrah Forester, Collier County Community Redevelopment Agency Director. The second designee is for a person from a non-profit organization actively engaged in economic development within the County to serve as the single point of contact to represent and provide input on all economic development matters and activities relating to the South Central RAO. Staff recommends Melanie Schmees, Director of Business and Economic Research, Naples Chamber of Commerce. FISCAL IMPACT: Annual membership dues to FHERO estimated at $2,415.40. Funds are available in Immokalee CRA Fund 186. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: Recommendation to approve Agreement between the State of Florida, Department of Economic Opportunity (DEO) and Collier County specifying the terms and conditions of the Immokalee community as a participating member of the South Central Rural Area of Opportunity (RAO) through June 28, 2026, appoint designated contacts for Collier County as identified in Exhibit A to the Agreement and authorize the Chairman to sign the Agreement. Prepared by: Debrah Forester, CRA Director ATTACHMENT(S) 1. MOA - Stamped by CAO (PDF) 2. Executive Order 21-149 Re Rural Area of Opportunity (PDF) Packet Pg. 1360 16.B.1 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.1 Doe ID: 20311 Item Summary: Recommendation to approve a Memorandum of Agreement (Agreement) between the State of Florida, Department of Economic Opportunity (DEO) and Collier County specifying the terms and conditions of the Immokalee community as a participating member of the South Central Rural Area of Opportunity (RAO) through June 28, 2026, appoint designated contacts for Collier County as identified in Exhibit A to the Agreement and authorize the Chairman to sign the Agreement. Meeting Date: 12/14/2021 Prepared by: Title: — County Manager's Office Name: Debrah Forester 10/08/2021 4:08 PM Submitted by: Title: — County Manager's Office Name: Debrah Forester 10/08/2021 4:08 PM Approved By: Review: Tourism Kelly Green Stage 1 Review Corporate Business Operations Jennifer Reynolds Stage 1 Review County Manager's Office Debrah Forester Director - CRAs County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Growth Management Operations Support Christopher Johnson County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 10/11/2021 3:14 PM Completed 10/11/2021 4:18 PM Completed 10/11/2021 5:14 PM Completed 10/14/2021 2:02 PM Completed 10/14/2021 3:09 PM Additional Reviewer Completed Completed 10/15/2021 10:05 AM Completed 12/03/2021 1:35 PM 12/14/2021 9:00 AM Packet Pg. 1361 DocuSign Envelope ID: 5C38F04B-588C-44E7-9081-52CD5628A3F0 16.B.1.a Agreement No. F1448 MEMORANDUM OF AGREEMENT STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY THIS MEMORANDUM OF AGREEMENT ("MOA") is made and entered into by and between the State of Florida, Department of Economic Opportunity ("DEO") and Collier County, Florida ("County"). DEO and the County are sometimes referred to herein individually as a "Party" and collectively as "the Parties". I. Background and Purpose of MOA A. The purpose of this MOA is to document the terms and conditions of the implementation of the Rural Area of Opportunity (RAO). 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 communities struggle to maintain, support or enhance job creation activities and to generate revenues for critical government services. C. Florida's Legislature also recognizes that rural communities continue to face extraordinary challenges in their efforts to significantly improve their economies, and as such, section 288.0656, Florida Statutes (F.S.), establishes the Rural Economic Development Initiative (REDI) within DEO and authorizes the participation of State and regional organizations in this initiative. Paragraph 288.0656(7)(a), F.S., provides for the designation of up to three RAOs. RAOs include rural communities or a region composed of rural communities, including rural counties as identified in section 288.0656(2)(d)(e), F.S., that have been adversely affected by extraordinary economic events, severe or chronic distress, a natural disaster, or an event that presents a unique economic development opportunity of regional impact. D. Pursuant to section 288.0656(7), F.S., representatives of the State and regional agencies and organizations comprising the REDI met on April 16, 2021, and recommended the re -designation of the South Central region composed of Desoto, Glades, Hardee, Hendry, Highlands and Okeechobee Counties 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 as an RAO. On June 28, 2021, Governor Ron DeSantis issued Executive Order Number 21-149, which re- designated the South Central RAO for another five-year term with an expiration date of June 28, 2026. Page 1 of 5 ,A Packet Pg. 1362 DocuSign Envelope ID: 5C38F04B-588C-44E7-9081-52CD5628A3F0 16.B.1.a Agreement No. F1448 The Participating Community A. Pursuant to section 288.0656(7)(b), F.S., and Executive Order Number 21-149, RAO designation shall be contingent upon the execution of a MOA between the Parties. Section 288.0656(7)(b), F.S., requires this MOA to specify the terms and conditions of the designation, including, but not limited to, the duties and responsibilities of the county and any participating municipalities to take actions designed to facilitate the retention and expansion of existing businesses in the area, as well as the recruitment of new businesses to the area. The County agrees that fulfillment of the following duties and responsibilities, as reasonably determined by REDI, are required for recommendation by REDI for continued designation as a RAO. C. The County shall: 1. designate a specific contact person from among County elected or appointed officials to serve as a point of contact in all matters and activities relating to the South Central RAO; 2. designate a specific person from a non-profit organization actively engaged in economic development within the County to serve as the single point of contact to represent and provide input on all economic development matters and activities relating to the South Central RAO, and to receive and process leads and referrals from Enterprise Florida, Inc.; and 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 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. Implementation and Duration A. Pursuant to Executive Order Number 21-149, the designation of the South Central RAO affecting 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 shall be in effect for five years and will expire on June 28, 2026. B. REDI may recommend the RAO designation and this MOA be terminated or continued based on performance under this MOA. Page 2 of 5 0 a O 2 O W w x ILL a� �a 0 E E M O N Packet Pg. 1363 DocuSign Envelope ID: 5C38F04B-588C-44E7-9081-52CD5628A3F0 16.B.1.a Agreement No. F1448 C. This MOA shall take effect immediately upon full and proper execution by all Parties, and supersedes and replaces any and all previous Rural Area of Critical Economic Concern and RAO agreement(s) between the Parties. D. This MOA shall expire on June 28, 2026 unless terminated earlier. 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 both Parties, the proposed changes shall become effective when both Parties have duly executed an amendment to this MOA. F. The County may terminate this MOA at any time upon written notice to DEO. G. Designation as an RAO is, by statute and Executive Order, contingent upon execution of a MOA between the Parties. REDI 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. - The remainder of this page has been intentionally left blank. - Page 3 of 5 n 7 Packet Pg. 1364 DocuSign Envelope ID: 5C38F04B-588C-44E7-9081-52CD5628A3F0 16.B.1.a IV. EXECUTION By Title Date Agreement No. F1448 By affixing hero r his signature herein below, each undersigned official represents and warrants that she or he has read the above MOA and the Exhibit A attached hereto and understands each section and paragraph. 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 their undersigned officials duly authorized. COLLIER COUNTY, FLORIDA Signature Penny Taylor Chairman ATTEST CRYSTAL K. KINZEL, CLERK BY: Approved as to form and legality DEPARTMENT OF ECONOMIC OPPORTUNITY By Signature Kate Doyle Title Interim Deputy Secretary, Division of Community Development Date Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY ^� By: Assistant County Attorney v Approved Date: �N ,ar Page 4 of 5 a O 2 O W w x u_ a� a� 0 E E M O F4. O Q U d a E M Cn Q O c d E s c� a Packet Pg. 1365 DocuSign Envelope ID: 5C38F04B-588C-44E7-9081-52CD5628A3F0 16.B.1.a Name: Address: Phone: Fax: Email: Name: Address: Phone: Fax: Agreement No. F1448 EXHIBIT A — DESIGNATED CONTACTS Collier County, Florida Contact Information for an Elected or Appointed Official Debrah Forester 3299 Tamiami Trail East, Building F - Suite 103 Naples, Florida 34112 239-252-8846 office or 239-285-8270 cell Debrah.Forester@colliercountyfl.gov Contact Information for One Person from a Non -Profit Organization Engaged in Economic Development Melanie Schmees 2390 Tamiami Trail North, Suite 210 Naples, Florida 34102 239-403-2914 a O 2 O W w x LL a� a� 0 E E M 0 F4. O Q U d CL E M Cn Q O c d s c� a Email: Melanie@napleschamber.org Please complete this page and return with the signed MOA. The County is required to inform DEO of any changes to this information within ten (10) business days of a change. Page 5 of 5 Packet Pg. 1366 16.B.1.b STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 21-149 WHEREAS, rural communities are stewards of the vast majority of Florida's land and o 2 natural resources, upon which the State's continued growth and prosperity depend; and o w x WHEREAS, successful rural communities are essential to the overall success of the U_ aD aD State's economy and quality of life; and c E WHEREAS, certain rural communities are struggling to maintain, support, or enhance E T T job creating activity, or to generate revenues for education and other critical government services o N such as infrastructure, transportation, and safety; and WHEREAS, the challenges faced by these rural communities threaten their well-being and viability; and WHEREAS, the Governor is authorized in section 288.0656(7), Florida Statutes, to designate up to three "Rural Areas of Opportunity," formerly "rural areas of critical economic concern," under section 288.0656, Florida Statutes (2000-2013); and WHEREAS, a rural area of opportunity 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 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 I1 Federal Rural Enterprise Community located in northeast Collier County were designated as a rural area of critical economic concern for a term of five years each by Executive Orders 01-26, 06-34, 11-81, and 16-150 and Packet Pg. 1367 16.B.1.b WHEREAS, the designation expires on June 27, 2021, and the Rural Economic Development Initiative met on April 16, 2021, and agreed to recommend to the Governor to continue the designation 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, and the area around Immokalee included within the Round II Federal Rural Enterprise Community Q 0 2 located in northeast Collier County as a rural area of opportunity. 0 W w NOW, THEREFORE,1, RON DESANTIS, as Governor of Florida, by virtue of the U- a� a� authority vested in me by article IV, section I(a), Florida Constitution, and section 288.0656(7), ;c 0 E Florida Statutes, do hereby issue the following Executive Order, effective immediately: E Section 1. The area within the boundaries of the counties of Desoto, Glades, Hardee, T o N 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, 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 redevelopment bonus refund under section 288.107, Florida Statutes, and the rural job tax credit program under sections 212.098 and 220.1895, Florida Statutes. PA Packet Pg. 1368 16.B.1.b Section 4. Pursuant to section 288.0656(7), access to the assistance available under this Designation as a rural area of opportunity shall be contingent upon the execution of memoranda of agreement between the Department of Economic Opportunity, the 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, Q 0 2 but not limited to, the duties and responsibilities of the counties and municipalities to take 0 w actions designed to facilitate the retention and expansion of existing businesses in the area, as U- a� a� well as the recruitment of new businesses to the area. 0 E Section 5. This designation shall be in effect for five years and will expire on June 28, E T 2026. The Rural Economic Development Initiative may recommend the designation be o N 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, this 28th day of June, 2021. R16N DESANTIS, GOVERNOR ATTEST: e �.. �C' ilat:9 W E TARY OF STATE t I C, —r sr; 3 Packet Pg. 1369