Agenda 01/12/2016 Item #16A26 1/12/2016 16.A.26.
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 1 Artificial Reef' to the "TOD SIROD
REEF" and accept, recognize, approve 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 11I), the Board approved a Memorandum of Understanding
(MOU) (ATTACHMENT 1) with the CFCC. This requires the Board to approve a donor's
request to name a Collier County 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. The CFCC will retain a 2% administrative fee
and will donate $98,000 for the construction of an Artificial Reef subject to Collier 1 Artificial
Reef renaming and regulatory agency approval. An explanation of the administrative fee is
attached as back-up. In order to reconcile the actual donation to the County with the initial
donation to the CFCC, staff is also recommending an update to the MOU that would
memorialize and explain the fee.
Upon Board approval of the Artificial Reef name, Collier County will accept, recognize and
approve the donated funds 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 Resource Fund (117)Project No. 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. My
understanding of the MOU is that the County agreed to naming rights upon receipt of a donation
of$100,000 or more towards the County's project fund. I am advised that there was a $100,000
donation to the CFCC, who took a $2,000 administrative fee, then forwarded the remaining
$98,000 to the County. Since this is only an MOU (as opposed to an agreement), the Board may
accept the $98,000 and approve the naming of the reef, or decline the gift. With that noted, this
item is approved as to form and legality, and requires majority vote for approval. -JAK
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RECOMMENDATION: To approve the naming of the "Collier 1 Artificial Reef" to the "TOD
SIROD REEF", accept and recognize the donation and authorize budget amendment to
appropriate the funds in the Natural Resource Fund (117), Project NO. 44038; to further direct
the County Manager or his designee to bring back an amended MOU which clearly identifies the
2%administrative fee.
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) Donation Request
3) Administrative Fee Explanation
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.26.
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 Artifical Reef
Donations Project No.44038.
Meeting Date: 12/8/2015
Prepared By
Name: HambrightGail
Title:Accountant, Coastal Zone Management
11/19/2015 8:55:02 AM
Submitted by
Title:Accountant, Coastal Zone Management
Name: HambrightGail
11/19/2015 8:55:04 AM
Approved By
Name: McAlpinGary
Title:Manager-Coastal Management Programs,Coastal Zone Management
Date: 11/20/2015 8:44:34 AM
Name: PuigJudy
Title: Operations Analyst, Operations&Regulatory Management
Date: 11/20/2015 8:56:10 AM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 11/20/2015 9:04:11 AM
Name: KearnsAllison
Title: Manager-Financial &Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 11/20/2015 10:03:09 AM
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Name: Tara Castillo
Title: Management/Budget Analyst,Capital Construction&Maintenance Budget/Fiscal
Date: 11/20/2015 10:33:47 AM
Name: PattersonAmy
Title: Division Director-IF,CPP&PM, Capital Project Planning,Impact Fees and Program
Management
Date: 11/20/2015 1:09:57 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 11/20/2015 2:35:33 PM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 11/20/2015 2:43:55 PM
Name: GreeneColleen
Title:Assistant County Attorney, CAO General Services
Date: 11/20/2015 2:52:49 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/24/2015 11:02:28 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 11/24/2015 12:18:59 PM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 11/30/2015 10:24:52 AM
Name: UsherSusan
Title:Management/Budget Analyst, Senior, Office of Management&Budget
Date: 11/30/2015 11:35:26 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 11/30/2015 12:26:44 PM
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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
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Memorandum of Understanding
This Memorandum of Understanding dated the A' day' o\ 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 ••pr•v d •y:
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ommunity Foundation Ge• .1-; .man
Collier County Boar. Commissioners 1Z\‘‘\\'J
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jt form and legal sufficiency:
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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.
Tk{{{///J���RE&NAME 'I iTLE
Eilee •• olly-K� er President/CEO
ary J.Ge; ge j Vice President Community Grantmaking
William D. ange / Trustee
Alan M.Horton Chair
! I ' ' S HEREOF,I have hereto subscribed my name and affixed the seal of said
orp. - • this 18th day of Tune 2013.
'_ .....
...,:
irk aw' 13i5
Fccarelli Kantor, Secretary
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From: Marsha Lewis
To: HambriahtGai(;CastilloTara;KlatzkowJeff;WilkisonDavid;KearnsAllison
Cc: Diane Flaaq
Subject: RE:Official Donation Request
Date: Monday,November 23,2015 2:51:54 PM
To County officials:
The Community Foundation of Collier County confirms the request to rename Collier Reef#1 to TOD
SIROD Reef; this is two (2) words in upper case followed by Reef. We have received the donation
for the reef and will forward to the County$98,000 following the amendment of the reef name
upon notification and authorization of Diane Flagg, ERTF Co-Chair.
Thank you,
Marsha Lewis I Donor Information Specialist
mlewisacfcollierorg 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 Found.tion Nonprofit Directory
ctCOMMUNITY FOUNDATION
OF COLLIER COUNTY
FOF GOOD,>r OREV'R,
PRIVILEGED AND CONFIDENTIAL:This communication,including attachments,is for the exclusive use of addressee and
may contain proprietary or confidential information.If you are not the intended recipient,any use,copying,
disclosure or distribution is strictly prohibited;notify the sender immediately by return e-mail,delete this
communication and destroy all copies.
Consider the environment before printing this e-mail.
From: Diane Flagg [mailto:diane.flaggPatt.net]
Sent: Monday, November 23, 2015 2:21 PM
To: Eileen Connolly-Keesler<ekeeslerPcfcollier.org>
Cc: Gail Hambright<GailHambrightPcolliergov.net>; CastilloTara <TaraCastilloPcolliergov.net>;Jeff
Klatzkow<JeffKlatzkowPcolliergov.net>; David Wilkison<DavidWilkisonPcolliergov.net>; Allison
Kearns<AllisonKearnsPcolliergov.net>
Subject: Fwd: Official Donation Request
Eileen,
When you get a minute, could you please ask your team to send a quick email to County staff
confirming that the Community Foundation requests that Collier Reef#1 is named
TOD SIROD; two (2) words in upper case followed by Reef. Please also confirm for staff that
the County will receive a check in the amount of$98,000. following the amendment of the
reef name from Collier#1 to TOD SIROD Reef.
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1/12/2016 16.A.26.
The County staff members requiring this information are copied on this email.
Thanks so much!
Diane Flagg, CoChair
Economic Recovery Task Force (ERTF)
239.784.5580
diane.flagg @att.net
Begin forwarded message:
From: HambrightGail <GailHambright @colliergov.net>
Date:November 23, 2015 at 1:57:40 PM EST
To: Diane.flagg<diane.flagg @att.net>
Cc: CastilloTara<TaraCastillo @colliergov.net>
Subject: FW: Official Donation Request
Per fiscal I will need the letter for$98,000 which is what will be donated to Collier
County from the Foundation.
Thanks,
gait D. J(arn&utight, accountant
Coastal Zone Management
Capital Project Planning, Impact Fees
and Program Management Department, GMD
Collier County Government
2800 N. Horseshoe Drive
Naples, Florida 34104
Phone: (239)252-2966
Fax: (239)252-2950
Stream Fax(239)252-6502
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1/12/2016 16.A.26.
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 l 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
LitCOMMUNITY FOUNDATION
OF COLLIER COUNTY
FOR.GOOD FODEVEA.
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 E. Holmes ( CFO
Iholmesacfcollier.org I p 239.649.5000 I f 239.649.5337
2400 Tamiami Trail N. 1 Suite 300 I Naples, FL 34103
cfcollier.org 1 facebook I cfnationalstandards 1 guidestar I Foundation Nonprofit Directory
LitCOMMUNITY FOUNDATION
OF COLLIER COUNTY Packet Page-792-
POW GOOD.AOREVEA.