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Agenda 12/08/2015 Item #16A22 Proposed Agenda Changes Board of County Commissioners Meeting December 8,2015 Add-On Item 4A: Proclamation designating January 16,2016 as National Religious Freedom Day in Collier County. To be accepted by Greg Harper, Father Michael Orsi,Father Philemon Patitsas,Pastor Rick Baldwin and Pastor Tom Harris. (Commissioner Henning's request) Continue Item 16A22 to the January 12.2015 BCC Meeting: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. (Community Foundation request) Continue Item 16D25 to the January 12,2016 BCC Meeting: Recommendation to approve FY15-16 contract with the State of Florida Department of Health for the operation of the Collier County Health Department in the amount of$1,378,200 and also to allocate additional funds in the amount of $249,220 to fill a funding gap due to state non-funding of the ACHA Medicaid match programs. (Staff's request) Move Item 16E13 to Item 11F: Recommendation to accept a report on the status of the North Collier Fire Control and Rescue District's second submission of a Certificate of Public Convenience and Necessity for an Advanced Life Support Class 3 Certificate and not to process the application. (Commissioner Hiller's request) Move Item 16D22 to Item 11G: Recommendation to approve a resolution amending the Collier County State Housing Initiatives Partnership(SHIP)Local Housing Assistance Plan(LHAP)for Fiscal Years 13/14-15/16,to add a tiered structure approach for the purchase assistance program including increasing the maximum award to$50,000,and the addition of two new strategies to include Rental Rehabilitation and Rental Acquisition;and reaffirm implementation as administrative and ministerial. (Commissioner Henning's request) Time Certain Requests: Item IOC to be heard at 9:30 a.m. Item 10D to be heard immediately following Item 10C Item 10A to be heard at 9:45 a.m. Item 12A to be heard immediately following Item 10A Item 11C to be heard at 10:00 a.m. Item 9C to be heard at 10:15 a.m. Item 11E to be heard following Item 9C Items 9A and 9B may be heard no sooner than 1:00 p.m. Item 11A to be heard immediately following Item 9A 10B to be heard at 1:05 p.m. 12/8/2015 8:34 AM n n 12/8/2015 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 Artifical 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 Packet Page -654- 12/8/2015 16.A.22. 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 Packet Page -655- 12/8/2015 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 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 Packet Page -656- 12/8/2015 16.A.22. 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 Packet Page -657- 12/8/2015 16.A.22. 11I 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 #111), 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 a Packet Page -658- 12/8/2015 16.A.22. Memorandum of Understanding 1-1 a0 This Memorandum of Understanding dated the day' 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: !Zmmunity Foundationw Gec Collier County Boa Address: Address: SOU I vAjg .:-Td /J 3glo A e� �:.' 0, 4� , ATfS`' °, Jeffrey nIA!►r`L C,• 114, County t OW = J\ f as t��'C,r�t_ n' signallur:Only, Packet Page -659- ei�ynxxyoman unty Commissioners and legal sufficiency: 1_01 12/8/2015 16.A.22. 111 CORPORATE RESOLunON 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. �RE & NAME TITLE 4Eonnolly- e er President/ CEO Vice President Community Grantmaking Trustee Chair HEREOF, I have hereto subscribed my name and affixed the seal of said this 18th day of Tune 2013. Secretary Packet Page -660- 12/8/2015 16.A.22. From: Marsha Lewis To: HambriahtGail: CastilloTara: KlaUkowleff; WilkisonDavid: KeamsAllison Cc: Diane Flagg 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 mlewisQcfcollier.or-9 I p 239.649.5000 1 f 239.649.5337 2400 Tamiami Trail, N. I Suite 300 1 Naples, FL 34103 cfcollier.org I facebook I cfnationalstandards I Foundation Nonprofit Directory 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. AConsider the environment before printing this e-mail. From: Diane Flagg [mailto:diane.flagg(@att.net] Sent: Monday, November 23, 2015 2:21 PM To: Eileen Connolly - Keesler <ekeesler(@cfcollier.ore> Cc: Gail Hambright <GailHambright(@collier og v.net >; CastilloTara <TaraCastillo(@colliergov.net >; Jeff Klatzkow <JeffKlatzkow(@colliergov.net >; David Wilkison <DavidWilkison(@collier ov.net >; Allison Kearns <AllisonKearns(@colliergov.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. Packet Page -661- 12/8/2015 16.A.22. 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 tQa� .net Begin forwarded message: From: HambrightGail <GailHa_mbri ht Q.colliergov.net> Date: November 23, 2015 at 1:57:40 PM EST To: Diane.flagg <diane.flaggWatt.net> Cc: CastilloTara <TaraCastillo&colliera 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, g-aie Axam&ig&, aCC(1tUZl. w 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 Packet Page -662- 12/8/2015 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 Iholmes@cfcollier.ore p 239.649.5000 1 f 239.649.5337 2400 Tamiami Trail N. Suite 300 1 Naples, FL 34103 cfcollier.ore I facebook I cfnationalstandards ( guidestar I Foundation Nonprofit Directory COMMUNITY FOUNDATION OF COLDER COUNTY Fci COCA' FoRrvsk From: Lisette E. Holmes [mailto:LHolmes @cfcollier.org] Sent: Monday, November 30, 2015 8:53 AM To: Casa languidaNick 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 � Iholmes(a)cfcollier.org p 239.649.5000 1 f 239.649.5337 2400 Tamiami Trail N. Suite 300 1 Naples, FL 34103 cfcollier.org ( facebook cfnationalstandards I guidestar I Foundation Nonprofit Director- COMMUNITY FOUNDATION of COLLIER COUNTY Packet Page -663- ILWFJ NOOF FCaW.Gd70a F0Qr FR: