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Agenda 03/26/2013 Item #16A12Proposed Agenda Changes Board of County Commissioners Meeting March 26, 2013 Continue Item 16Al2 to the April 9, 2013 BCC Meeting: Recommendation to approve and authorize the Chairwoman to execute a Promotional Fund Private Grant Agreement in the amount of $500,000 for the County's artificial reef program, accept donated professional services from Turrell, Hall and Associates Inc., and approve any necessary budget amendments. (Staffs request) Move Item 11 A to Item 16C3: Recommendation to direct the County Manager, or his designee, to give notice to formally initiate integration of the Orange Tree Utility Company into the Collier County Water -Sewer District to provide water & sewer utilities to Orange Tree Utility customers pursuant to the May 28, 1991, Agreement, as amended, between Orange Tree Utility Company and Orangetree Associates and Board of County Commissioners of Collier County (Board) with the objective of returning to the Board with a proposed Utility System Integration Agreement. (Commissioner Hiller's request) Withdraw Item 16A3: Recommendation to authorize release of the Excavation Performance Bond in the amount of $1,000,000 to the Project Engineer or Developer's designated agent for Arthrex at Ave Maria AR- 13095. (Staff's request) Move Item 16A9 to Item 11C: Recommendation to approve a work order in excess of the Board's $200,000 spending threshold and authorize expenditure of $48,520 for McGee & Associates to prepare 100% landscape design plans for the Immokalee Road /1 -75 Interchange. (Commissioner Nance's request) Withdraw Item 16134: Recommendation to approve one (1) release of lien for an Affordable Housing Density Bonus Agreement for an affordable housing unit sold which is no longer subject to the terms of the agreement. (County Attorney's request) Move Item 16175 to Item 11D: Recommendation to establish a new position classification and salary range assignment for County Commission staff members and revised budget allocation format for the BCC Office. (Commissioner Henning's request) Move Item 17E to Item 9B: Recommendation to adopt an ordinance that will establish the position of Collier County Hearing Examiner. (Commissioner Coyle's request) Proposed Agenda Changes March 26, 2013 Page 2 Note: Item 160 44-4: Signature page of the Second Amendment to Agreement was inadvertently left out of printed agenda packet. Copies of the signature page have been provided to Commission members. Item 16A1: Withdraw clarification SC- 2003 -02, Storage Containers, attachment #4. Staff will be coordinating this clarification with the ongoing broader review of storage containers within all zoning districts. (Staff's Request) Item 16C2: Folio number in executive summary corrected to read: David K. and Cheryl L. Boot own the property located at 346 Cypress Way West, parcel number 00159480005. Item 16135: Correct document titled Modification to Subgrant Agreement to be consistent with all other references in the item, by checking the following box: ® Change in Number of Accomplishments and /or Beneficiaries (Clerk's request) Item 16F3: It is the intent for requirements to be the same in Category B and Category C -2 grant applications. Therefore, the following additions have been made to the C -2 grant application. 1. Form 990 added to checklist of required items on p. 11 of application. 2. Financial statement to be reviewed or audited by a CPA added to checklist of required items on p. 11 of application. (Staff's request) Time Certain Items: Item l OG to be heard at 11:00 a.m. Item 13A to be heard at 2:00 p.m., immediately followed by Item 13B and IOD 3/26/2013 9:32 AM 3/26/2013 16.A.12 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairwoman to execute a Promotional Fund Private Grant Agreement in the amount of $500,000 for the County's artificial reef program, accept donated professional services from Turrell, Hall and Associates Inc., and approve any necessary budget amendments. OBJECTIVE: To execute the Promotional Private Fund Grant Agreement (Attachment A) in order to expand and improve Collier County's artificial reef program by accepting a $500,000 grant and to accept private funds from the Community Foundation of Collier County to construct additional artificial reefs. CONSIDERATIONS: At the September 11, 2012 Board of County Commissioners (BCC) meeting, the BCC approved the submittal of a private grant application to the Gulf Tourism and Seafood Promotional Fund to expand and improve Collier County's artificial reef program. A Business Plan (Attachment B) in support of the private grant application was provided by the Economic Recovery Task Force (ERTF) to provide an opportunity to expand and stabilize tourism in Naples /Collier County by expanding the number and location of artificial reefs in the Gulf of Mexico along the Collier County coastline. The Business Plan reported the potential opportunity to add $20 to $35 million in incremental tourist revenue by adding additional reefs in certain areas and to hosting various fishing tournaments. The Business Plan outlined criteria for the selection of reef location, a proposed number of reefs, construction practices, marketing plan, solicitation of local sponsors for tournaments and prizes, and advertising support. On November 12, 2012, Collier County was notified of BP's intent to award Collier County the $500,000 private grant. Additionally, both the City of Naples and City of Marco Island were also awarded BP private grant funds to construct artificial reefs. Both the City of Naples and the City of Marco Island councils unanimously accepted the BP private grant funds on February 19`x', 2013 and March 4th, 2013 respectively. The attached Private Grant Agreement states that Collier County will construct at least twenty (20) new 400 -ton artificial reefs by November 2013 and prepare a final report. Collier County staff recognizes that the Private Grant Agreement identifies November 13th, 2013 as a deadline that will need to be modified and extended in order to accommodate a reasonable time frame for the Grant Agreement to be executed. Collier County shall be responsible for executing the project in accordance with the Private Grant Agreement, for securing the required State and Federal Permits for constructing the reefs and for implementing the recommendations provided by State and Federal technical assistance. Collier County will also work towards implementing the above mentioned Business Plan using the BP private grant funds. As a participant in the Economic Recovery Task Force, Turrell, Hall and Associates Inc. have agreed to provide technical and permitting support for the program to the County, as well as to Naples and Marco Island, to include mapping and dive surveys of potential sites, design of construction templates, preparation of permit applications, and participation at agency permit meetings. Although the County does not have a contract with this firm to provide these services, County staff recommends that we use this information and support in securing the required permits. County staff will participate in these activities in order to validate the information used Packet Page -611- 3/26/2013 16.A.12. in the County's permit application. Since this becomes a donated service, County staff recommends that the BCC approve the use of these donated services. As part of this BP private grant project, the not for profit Community Foundation of Collier County 501 (c) (3) organization has agreed to establish an Artificial Reof Fund and to accept private donations on behalf of the artificial reef program by providing individuals the opportunity to "name" an artificial reef. These funds may be used to complement Collier County's artificial reef program. In order to define this future public /private partnership, a Memorandum of Understanding (MOU) shall be drafted by the County attorney's Office that will detail each party's role and will address the naming policy for the artificial reefs. The MOU shall be publicly vetted through the Coastal Advisory Council (CAC) and ,then brought forward to the BCC with a recommendation by the CAC. FISCAL IMPACT: A budget amendment is required to recognize grant mvenue in the amount of $500,000 in Growth Management Grant Fund 711, Project 33250. There is a positive fiscal impact associated with accepting the $500,000 private grant for artificial qeef program and no matching funds are required. Long term monitoring of the artificial reefs is recommended but is not a requirement of the State and Federal permits. An existing funded position within the Coastal Zone Management Section will be utilized at approximately a30% of his time to administer and implement the overall Artificial Reef Program, including Xhe administration of this grant. GROWTH MANAGEMENT E%IPACT:'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 has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval. -JAK RECOMMENDATION: Staff recommends the BCC to: 1) Approve and authorize the Chairwoman to execute the attached Promotional Fund Private Grant Agreement in the amount of $500,000, 2) Accept technical support and professional services for this project from Turrell, Hall and Associates, Inc. as a donation of services to Collier County, 3) Approve any necessary budget amendments. Prepared By: Chris D'arco, Senior Environmental Specialist, Coastal Zone Management, Natural Resources Department Attachments: A) Promotional Fund Grant Agreement, B) Business Plan Packet Page -612- 3/26/2013 16.A.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.12. Item Summary: Recommendation to approve and authorize the Chairwoman to execute a Promotional Fund Private Grant Agreement in the amount of $500,000 for the County's artificial reef program, accept donated professional services from Turrell, Hall and Associates Inc., and approve any necessary budget amendments. Meeting Date: 3/26/2013 Prepared By Name: HambrightGail Title: Accountant,Coastal Zone Management 12/28/2012 3:59:20 PM Approved By Name: McAlpinGary Title: Director - Coastal Management Programs,Coastal Zon Date: 1/8/2013 12:44:38 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 1/28/2013 1:40:04 PM Name: LaPierreBarbara Title: Management/Budget Analyst,Transportation Administr Date: 1/31/2013 2:49:53 PM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 3/7/2013 10:08:37 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 3/13/2013 7:26:42 AM Name: OberrathKaren n Title: Senior Accountant, Grants Packet Page -613- Date: 3/14/2013 1:03:30 PM Name: KlatzkowJeff Title: County Attorney Date: 3/20/2013 1:29:05 PM Name: KlatzkowJeff Title: County Attorney Date: 3/20/2013 2:25:08 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 3/20/2013 3:29:55 PM 3/26/2013 16.A.12. Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 3/20/2013 3:37:14 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 3/20/2013 4:09:08 PM Packet Page -614- Attachment A 3/26/2013 16.A.12. PROMOTIONAL FUND GRANT AGREEMENT This Promotional Fund Grant Agreement (this "Agreement ") is entered into by (" rantee "), with offices at ; Patrick Juneau, as Trustee (the "Trustee ") of the Settlement Trust as further defined below (the "Settlement Trust "), and as Claims Administrator of the Court Supervised Settlement Program (the "Claims Administrator "); and solely for the purposes of taking cognizance and approving the terms of this Agreement, BP Exploration & Production Inc. ( "BP Exploration ") and Lead Class Counsel RECITALS WHEREAS, BP Exploration, a Delaware corporation and certain of its affiliates (collectively "BP ") have been named as defendants in In re Oil Spill by the Oil Rig "Deepwater Horizon " in the Gulf of Mexico, on April 20, 2010, MDL No. 2179 (the "MDL Litigation"); WHEREAS, BP and the Economic Class Representatives, individually and on behalf of the Economic and Property Damages Settlement Class, by and through Lead Class Counsel entered into an Economic and Property Damages Settlement Agreement ( "Settlement Agreement ") dated April 18, 2012, and amended May 1, 2012, for the purpose of settling all Released Claims against the Released Parties, including BP; WHEREAS, the United States District Court of the Eastern District of Louisiana (the "Court ") has preliminarily approved the Settlement Agreement by Order dated May 2, 2012 (the "Preliminary Approval Order," as further defined below); WHEREAS, on May 4, 2012, BP, Lead Class Counsel, the Trustee and J.F. Morgan Trust Company (the "Directed Trustee ") entered into the Deepwater Horizon Economic and Property Damages Trust Agreement (the "Trust Agreemen t ") creating the Settlement Trust; WHEREAS, the Settlement Trust is intended to meet the requirements of a qualified settlement fund within the meaning of section 468B of the Internal Revenue Code of 1986, as amended from time to time, and section 1.468B -1(c) of the Treasury Regulations promulgated thereunder; WHEREAS, the Settlement Trust's purpose is to establish a mechanism to pay Settlement Payments (as defined in the Settlement Agreement) and the costs of administering the Settlement Program (as defined in the Settlement Agreement) in accordance with the terms of the Settlement Agreement and the Trust Agreement. WHEREAS, the Trustee has the power, pursuant and subject to the terms of the Settlement Agreement and the Trust Agreement, to make distributions from the funds held by the Settlement Trust subject to the terms and conditions thereof; and WHEREAS, Grantee desires to obtain funds for promotional services as described on attached Schedule C6191 ; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the terms and conditions set forth herein. {00194230 -1} Packet Page -615- Attachment A 3/26/2013 16.A.12. AGREEMENT I. Definitions. The following words and phrases have the meanings indicated. Other words and phrases appearing in capital letters throughout this Agreement shall have the meanings they are given with their first operative use. Terms not otherwise defined herein shall have the same meanings ascribed to them in the Settlement Agreement and/or the Trust Agreement. 1.1 Applicable Law: means all applicable local, state and federal laws, rules and regulations. 1.2 Claims Administrator: has the meaning ascribed to it in the Settlement Agreement. 1.3 Individual: means a natural person. 1.4 Lead Class Counsel: means the lawyers appointed by the Court to represent the Class of Claimants. 1.5 Settlement Trust: means the qualified settlement trust fund established pursuant to that certain Deepwater Horizon Economic and Property Damages Trust Agreement, dated May 4, 2012, among BP, Lead Class Counsel, the Claims Administrator, and the Directed Trustee. 1.6 Parties: means the Settlement Trust, the Claims Administrator, Grantee, BP and Lead Class Counsel BP and Lead Class Counsel are only made Parties to this Agreement for the purposes of taking cognizance and approving the terms of this Agreement. 1.7 Preliminaa Approval Order: means the Order entered by the Court on May 2, 2012 granting preliminary approval of the Settlement Agreement. 2. Scope of Services. 2.1 Services. The general scope of the services to be furnished by Grantee shall be those described on attached Schedule "1 ". 2.2 The Services shall be provided in strict accordance with the terms of the Settlement Agreement, the Preliminary Approval Order, a final approval order (if one is entered) and in compliance with Applicable Law, Grant Award. 3.1 Amount of Grant. Subject to the terms and conditions of this Agreement, and contingent upon sufficient funding of the Settlement Trust by BP, the Settlement Trust agrees to award to Grantee up to $500,000.00_ for the period December 1, 2012 to November 30, 2013. The Grant shall be payable as follows: $125,000.00 after signing and processing the contract. $125,000.00 upon receipt and approval of the first quarter report. $125,000.00 upon receipt of the second and third quarter reports. $125,000.00 upon receipt and approval of the final report and submission of all deliverables as (00 19423 0- 1 ) Packet Page -616- Attachment A 3/26/2013 16.A.12. /I—*- outlined in Schedule 1. 3.2 Documentation. Grantee shall submit to the Claims Administrator all documentation as further described in Paragraph 3.3 within ten (10) days before the beginning of each calendar quarter, or more frequently as the Claims Administrator may require. The Claims Administrator shall review Grantee's documentation and if acceptable, authorize the next Grant payment. In the event that any documentation is deemed not acceptable by the Claims Administrator, Grantee shall be notified in writing of such deficiencies within ten (10) days of submission of the documentation. 3.3 Reporting. Grantee will provide reports to the Claims Administrator at least quarterly, within ten (10) days before the beginning of each quarter, or more often as the Claims Administrator may require, in which it will report, for the preceding quarter the following: a updated list of services and deliverables as outlined on Schedule 1. The Claims Administrator may distribute such reports as it deems appropriate. In addition, Grantee may be required to provide additional reports as may further be defined by the Claims Administrator in writing. 3.4 Ownership of Documentation. All records, reports, documents and other material delivered or transmitted to Grantee by the Claims Administrator shall remain the property of the Claims Administrator, and shall be returned by Grantee to the Claims Administrator, at Grantee's expense, at termination or expiration of this Agreement. All records, reports, documents, or other material related to this Agreement and/or obtained or prepared by Grantee in connection with the performance of the Services contracted for herein shall become the property of the Claims Administrator, and shall, upon request, be returned by Grantee to the Claims Administrator, at Grantee's expense, at termination or expiration of this Agreement. 3.5 Audit Rights. Grantee will provide to the Claims Administrator copies of its audit reports, if and when requested to do so by the Claims Administrator. In addition, the Claims Administrator or its authorized representatives may, at any time on reasonable notice, audit the operation of Grantee in relation to the activities undertaken pursuant to this Agreement. 3.6 Payment in Full. The Grant payments made hereunder are and shall be deemed to constitute "payment in full" for any Services performed by Grantee. 4. Term. 4.1 This Agreement is effective as of 12:01 a.m. Eastern Standard Time on December 1, 2012 (the "Effective Date ") and its term shall end on November 30, 2013 (the "Expiration Date"}, unless terminated on a different date in accordance with Paragraph 4.2 or as otherwise agreed by the Parties. 4.2 Grantee shall be authorized to perform the Services as further defined in Schedule "1" to this Agreement starting on the Effective Date, through and including the earlier of the date that: (1) the Court denies the Parties' motion for final approval of the Settlement Agreement; (2) the reversal on appeal of a Court order granting final approval of the Settlement Agreement; (3) the Court enters an Order closing the proposed Court Supervised Settlement Program; (4) Grantee is terminated by the 100194230 -1) Packet Page -617- Attachment A 3/26/2013 16.A.12. Claims Administrator with at least thi 30 days written notice before the end of any quarter, which the Claims Administrator shall have the right to do with or without cause (collectively, "Termination Events "); or (5) the Expiration Date. As used herein, "cause" shall include, without limitation, the following: (i) the failure of Grantee to perform the Services in accordance with the requirements of this Agreement, (ii) the breach by Grantee of any other obligations under this Agreement, which breach is not cured within ten (10) days of written notice thereof, (iii) the commission of any act or any omission involving gross negligence, fraud, or other intentional or willful misconduct by Grantee, and (iv) any other violation of a statute, regulation, order, decree or court requirement or other Applicable Law by Grantee. [Intentionally Omitted] Representations and Warranties. Grantee represents, warrants and covenants that: (i) it has the power and authority to enter into this Agreement and to perform all of its obligations hereunder; (ii) the execution, delivery and performance of this Agreement does not violate or conflict with any other agreement to which Grantee is a party or by which it is bound; (iii) Grantee has not previously entered into any agreement that would restrict Grantee in the performance of the Services; (iv) Grantee shall comply with all Applicable Law in performing its obligations under this Agreement; (v) Grantee shall use commercially reasonable efforts to verify that each of its employees performing Services is legally entitled to work in the United States and has all necessary visas and work permits; (vi) Grantee has the capacity and resources to perform the Services; (vii) all Services shall be performed by qualified personnel in a timely, professional and workmanlike manner in accordance with generally accepted industry practices; (viii) Grantee is either a governmental entity political subdivision of a governmental entity, or is recognized by the Internal Revenue Service (the "IRS ") as a public charitable organization under sections 501(e)(3) and 509(axl), (2) or (3) of the Internal Revenue Code, and will inform the Claims Administrator immediately of any changes in, or IRS proposed or actual revocation (whether or not appealed) of such tax status; and (ix) all Grant funds shall be used only for the purposes described herein. 7. [Intentionally Omitted] 8. [Intentionally Omittedl 9. Miscellaneous. 9.1 Subcontracting. Notwithstanding any provision in this Agreement to the contrary, Grantee shall not subcontract any of its obligations under this Agreement to any third party unless approved in writing by the Claims Administrator. 9.2 Successors and Assi ns. The terms and conditions of this Agreement shall be binding upon the Parties and inure to the benefit of the Parties and their respective successors and permitted assigns; provided, however, that, unless otherwise provided in this Agreement, the obligations of the Parties under this Agreement may not be delegated nor shall any rights be assigned or transferred, including by merger, reorganization, change of control, acquisition or sale of all or substantially all of its assets or business or otherwise (including, without limitation, by operation of law) (collectively a "Sale Transaction "), by a Party without the other Parties' prior written consent. 100194230 -1) Packet Page -618- Attachment A 3/26/2013 16.A.12. 9.3 Compliance with Laws. Grantee and its respective employees and agents shall comply with all Applicable Law in performance under this Agreement specifically including but not limited to §768.28, Florida State, Florida's Sovereign Immunity law. 9.4 Tax Responsibility. Grantee shall be responsible for the payment of any taxes that might be due from or assessed on any of the Grant funds received under this Agreement. 9.5 Maintenance of Books and Records. In order to implement and effectuate the audit rights of the Claims Administrator as described in Paragraph 3.5, Grantee shall maintain its books and records and other documents pertaining to the use and disposition of the grant funds received and to the Services rendered under this Agreement, for a period of at least three (3) years after the Termination Date. 9.6 Dispute Resolution. Any and all claims, disputes and controversies arising under or relating to this Agreement that cannot be resolved by the Parties shall be determined solely in the Court, under Louisiana law without regard to its conflicts of law provisions. All Parties waive the right to a jury trial. In the Court's discretion, the prevailing Party in any dispute arising from this Agreement may be awarded reasonable attorney's fees. 9.7 Complete Agreement. This Agreement and any exhibits, together with any addenda, set forth the entire agreement of the Parties with respect to Services hereunder, and any prior or contemporaneous promises, conditions or understandings are superseded and/or replaced with this Agreement. 9.8 Modification. No provision of this Agreement may be changed unless the change is set forth in a written amendment to this Agreement signed by the Parties. 9.9 No Waiver. If a Party waives compliance with any term or condition of this Agreement, it shall be not deemed a waiver of any other right, nor to permit less than strict compliance with any term or condition on any future occasion. 9.10 Governing Law: Severabilitv. Except as otherwise provided in Section 9.3, this Agreement shall be governed by and construed in accordance with the law of the State of Louisiana without reference to its conflict of laws principles. To the extent that any provision is found to be unenforceable or invalid, then such provision shall be ineffective only to the extent of such unenforceability or invalidity, and shall not affect the enforceability or validity of any other provision of this Agreement. 9.11 Notices. All notices and correspondence required to be given by this Agreement shall be delivered by hand or certified mail, return receipt requested and postage pre -paid, or by a nationally recognized courier service, or by facsimile transmission, and be addressed as follows: 100194230 -11 Packet Page -619- Attachment A 3/26/2013 16.A.12. If to Claims Administrator and/or Settlement Trust: Patrick Juneau 935 Gravier St. Suite 1905 New Orleans, LA Phone:504- 264 -9740 Fax: 504- 264 -9746 Email: mjiAdheclaims.com If to Grantee: Board of Collier County Commissioners Natural Resource Department, GMD 2800 N. Horseshoe Drive, Naples. Fl. 34104 Phone: 239.252.2980 Fax: 239.252.2950 Email: Christopherdarco aa,colliergov.net 9.12 Counterparts. This Agreement may be executed in one or more counterparts which taken together shall constitute one single agreement between the Parties. 9.13 Independent Contractors. Grantee is an independent contractor. No Party to this n Agreement is an agent, representative, joint venturer, or partner of any other Party. No Party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, any other Party. Each Party shall bear its own costs and expenses in performing the Agreement. Grantee shall be responsible for the payment of all fees, wages and/or salaries payable to Grantee personnel and for providing Grantee personnel with any fringe benefits to which they are entitled by reason of being an employee or contractor of Grantee. Grantee shall comply, at its expense, with all applicable provisions of workers' compensation laws, unemployment compensation laws, federal social security law, the Fair Labor Standards Act and all other applicable federal, state and local laws and regulations relating to terms and conditions of employment required to be fulfilled by employers. Grantee shall comply with all applicable occupational health and safety laws, standards and requirements pertaining to the Services, including, but not limited to, OSHA standards and analogous state standards for work performed under this Agreement. fSmNATURF. PA(-,F FOLLnwsj {00194230 -11 Packet Page -620- Attachment A 3/26/2013 16.A.12. IN WITNESS WHEREOF, the Parties have caused this Agreement which shall be effective on the date first above- written, to be executed on their behalf by the undersigned duly authorized individuals. Settlement Trust Grantee: By: Signature Patrick Juneau Printed Name Trustee Printed Title Date Claims Administrator By: Signature Patrick Juneau Printed Name Claims Administrator Printed Title Date (00194230 -1) Signature Printed Name Printed Title Date r ved as to & legal sufficiency Cr3fleen Greene, Assistant County Attamey DWIGHT - Packet Page -621- Attachment A 3/26/2013 16.A.12. 8 100194230 -1) Packet Page -622- Attachment A 3/26/2013 16.A.12. Schedule 1 Description of Services The Collier County Natural Resource Department will construct at least 20 new 400 -ton state -of -the -art artificial reefs. 1. Submit a timeline outlining the tasks involved in the creation of the artificial reefs and the approximate time each task will take to complete. 2. Provide copies of contracts of those involved in the artificial reef construction project, including the transport of materials. 3. Submit copies of appropriate permits from the U.S. Army Corps of Engineers and the Department of Environmental Protection allowing/permitting the project. 4. Provide copies of surveys and monitoring results. 5. Submit photographs of the work as it progresses with brief narratives describing the project events. 5. Provide documentation that the project is completed, such as paid -in -full contractor contracts, reports or other data furnished by government agencies. 3. Submit copies of news releases distributed regarding the project. 4. Submit copies of articles published regarding the project. Final Report 1. Submit a final report that provides a synopsis of all of the activities and events as outlined in the proposal, with narrative and supporting data on the ways these projects met the anticipated outcomes as listed in the proposal. 9 100194230 -11 Packet Page -623- Attachment B ECONOMIC RECOVERY TASK FORCE CERTF) 3/26/2013 16.A.12. Artificial Reef Program An Economic Development Opportunity Steve Harrison and Meg Stepanian 6/4/2012 This business plan describes an opportunity to expand and stabilize tourism in Naples /Collier County by expanding the number and location of artificial reefs in the Gulf of Mexico along the Collier County coastline. Packet Page -624- Attachment B 3/26/2013 16.A.12. ARTIFICIAL REEF PROGRAM BUSINESS PLAN Strategic Objective The purpose of this report is to describe an opportunity to expand and stabilize tourism in Naples /Collier County by expanding the number and location of artificial reefs in the Gulf of Mexico along the Collier County coast. Artificial reefs are submerged structures designed to mimic the habitat provided by natural reefs. They are generally designed for the purpose of enhancing fishery resources or commercial or recreational opportunities, and in the remediation, mitigation or enhancement of adversely impacted marine ecosystems. The artificial reef enhancement causes fish aggregation and increased fish population (including spawning) in areas which are virtually devoid of either reef or pelagic species. This Business Plan proposes to seek private funding of $5 million to construct 36 new artificial reefs over the next 5 years to be followed by 24 more reefs in the following 5 years. The County currently has approximately 50 artificial reefs 2 -9 miles off- shore. The added reefs would be sufficiently off -shore to be attractive to both fishermen and scuba divers. Clusters of artificial reefs 10 -20 miles off -shore would be in significantly clearer water making them attractive to scuba divers and eco- tourists as well as fishermen. They could also be the venue for sportfishing tournaments distributed throughout the year and provide an economic boost to Naples /Collier County's tourism. Each year Florida hosts over 300 fishing tournaments more than 50 of which are promoted widely. Most tournaments are small and attract anglers located not far from the tournament site; heavily promoted tournaments can be a completely different matter offering prizes such as free boats, motors and cash prizes in the region of $100,000 or more. The Wall Street Journal recently reported that the winner of the recent national bass fishing contest earned a first prize of $5,000,000. Packet Page -625- Attachment B 3/26/2013 16.A.12. Naples /Collier County currently has approximately 50 reefs; these are listed on the Collier County web site. An estimate of the economic impact on Collier County businesses was made using the same methodology and assumptions as the University of Florida study. We estimate the potential exists to add 20 to 35 million per year in incremental tourist revenue to Naples /Collier County businesses if (1) artificial reefs can be added in clear water areas attractive to scuba drivers and traversed- by prized game fish and (2) the public sector and private sector work together to attract and host significant tournaments Current State of Naples /Collier County .Reefs- The Collier County Coastal Zone Management Department staff has advised they do not routinely monitor the condition of the Collier County artificial reefs. As a precondition to implementing this business plan, we recommend that all current reefs be inspected to confirm their locations, size, condition, etc. Proposed Reef Additions- Phase 1 Experts recommend the clustering of artificial reefs such as groupings of 6 -12. The University of Florida has designs for what their research has shown to be ideal habitats and their construction. Phase 1 of this Business Plan provides for the construction of 36 such artificial reef that, if clustered, will require 3 -6 permitted sites 10 -20 miles off - shore. It is the goal of this Program to design and construct artificial reefs of such size and quality so as to attract significant sport fish species and the related fishing tournaments. Construction Project Plan Permits for Site(s)- Collier County Government, City of Naples, and City of Marco may apply to Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef permits at a nominal cost. Each site must be physically surveyed to confirm the condition of the bottom. Sites may vary in size, but range from 1000' by 1000' to 2500' x 2500' Packet Page -626- Attachment B 3/26/2013 16.A.12. Construction Contracts- A sub- committee of the Steering Committee will participate in the development of bid specifications and the subsequent recommendation for bid award. The bids will be awarded by the governing body of the artificial reef permitee. Construction Schedule- Phase 1 shall be completed in 5 years or less. Marketing Project Plan Solicitation of Regional /National Tournament organizers will be pursued in order to achieve a meaningful increase of tourism spending for Collier County. The organizers of tournaments promoted regionally and nationally, will be contacted about using Cities /Collier County as a venue. In general, such tournaments attract 300 -1000 registrants for a 3 -day tournament. Plans will be needed to address logistical needs such as parking for vehicles and trailers, registration areas, launch facilities and their coordination and award areas to display prize merchandise and present prizes. Solicitation of Local Sponsors for Tournaments Most tournament events-have local sponsors as well as national sponsor. The local sponsors often include local charities that use the event as a fundraiser. Scheduling of events of this caliber requires two years of lead time Advertising support from Tourist Development Fund- In view of the tourism revenue to be generated by the artificial reef program, the Tourist Development Fund held by Collier County will be asked to advertise the Reef program in general as well as specific tournaments. Solicitation of merchandise prizes- The sponsors of each tournament event (National and local) will solicit cash and merchandise prizes from various manufacturers and service providers to be awarded at each event. The Steering Committee of the Artificial Reef Program will have no responsibility whatsoever to collect, protect, or equitably Packet Page -627- Attachment B 3/26/2013 16.A.12. Naples /Collier County Artificial Reef Program Economic Impact Estimate Packet Page -628- 6 H Attachment B Co Or-_ O Co M '0 CD O I- lf) Co O (� O m ` N J LL y `- O 0 LL _ r O 1° {L N r- N Cn S L N In O O V w CO- O a/ z a D w O CC w p w O Q Q V m LL � U CO � � ~ Q Ca G N 10 U 3 z N J 1� U O z to r W N O U w w r� J J 0 LL O - W "a Fw- Q J a 01 t0 a. 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LO a o� N o U 7 J Z O O Em U Co d U O( C +_� O v M c c a) N W C y a _ Q cII m U O c O N °� to C cc N O C Q ~ ` O N '� 0 C U Q. t- v, W a) o- 0 Q "d) O O '� � 2 �F-f- N Z O uD1 O E O cn ll — (nom U dots >= a� to G Z�'O� mm ACC D CL c> t— m w U) F- � m M o a�i � X L wQ-D-0 LL u.. Q ❑ N dmUfn 0 = N Q Packet Page -630- r d N ti t7 r Co r r N Y d Q � a �- C7 z CO (0 .2 O d O y U U C a d Co :3 N E U C n 'O V w LL tu U) 0 O CD E� 06 W �0 E E E u-- .r (7 0 in cD 0DU- J O o0 0Co(DL)NU oQQ o za>❑❑ a U 0 U- Attachment B 3/26/2013 16.A.12. _N O Nom\ N Y. o� N o U 7 J Z O O Em U Co d U O( C +_� O v O c c a) N W C y a _ Q cII m U O c O N °� to C cc N O C Q ~ ` O N '� 0 C U Q. t- "p Q Z W a) o- 0 Q "d) O O '� � 2 �F-f- O D Z O uD1 O E O cn ll — (nom U dots >= a� to G Z�'O� mm ACC D CL c> t— m w U) F- � m _j W .,-, ❑. m o cn.QJI" -U0 o a�i � X L wQ-D-0 LL u.. X o o a) — ❑ dmUfn 0 = Q Packet Page -630- 11\ Attachment B 3/26/2013 16.A.12. Economic Impacts of Artificial Reefs for Six Southwest Florida Counties Packet Page -631- i/7Fonl i 1A A 12. These are findings from a recent study of economic benefits associated with artificial reef programs in a six - county region of Southwest Florida (Pinellas, Hillsborough, Marta: tee, Sarasota, Charlotte and tee counties). The full repom Economic impacts of Artificial Reefs for Six Southwest Florida Counties, TP 178, is available from Florida Sea Grant, fiseagrant.arg. At a glance; • The, results from a recent survey of the economic impact of artificial reefs show extensive use of the Southwest .Florida artificial reef systems by residents; visitors, private boaters and for -hire clients • On a daily basis, an average of more than 5,6010 persons in Southwest Florida — residents and visitors included — use artificial reefs. • Fishermen and divers who use Southwest Florida's artificial reefs sites spend over $253 million in the region annually.. • Survey results document that artificial reefs help support the for -hire fishing sector (guides, charter and party boats) with Clients spending nearly $90 million on artificial reef�related trips. • Expenditures on artificial reef - related activities generated almost $227 million in economic outputs that supported over 2,500 full- and part- time jobs.. • Visitors bring new money into local economies ($117.58 million),. accounting for almost half of artificial reef expenditures. Public Support for Artificial Reefs in general, what. is your opinion regarding the use of public funds to provide and maintain artificial reefs for recreation in Florida's waters? County Non -Reef lies Reef Users r� ott .. ,. . Oppose Neutral Support,', Oppose. Neutral Support Pinellas % 26% 71% i 2% 9 89% F illsl�ugh 3 31 66% 3% 5% 90% Manatee 7% 32% 61% 1% 6% 93% Sarasota ,n 27% 689 19 % 93'96. Charlotte 7% 30% 6391► f 0% 17%, 83% tee 24% 69 5% 9% 86 l 135.77 $117,5 Minion Anion il trESitsentS) ��t�A-FES;ida:ritSj: OR - $809.74 I Minion Million (private bloaters) (evidE, party. charter iients) , Annual Economic Impacts Economic mi �u�(IEtZ r� ott .. ,. . Total $ 1 2 Income me * Minion Business Taxes Full/Parttime Jobs e r>rrvt awry nF xt F11 FWR IDA Nft IIFAS The study was condurdad by Florida Sea Grant arut t;lniversdy & Flwids reses em with funding pmVided by the U.S. Fisk and'JaAdiffe Service Fedet�dC�Aid n Sport Fists Resmnatkm Program1hmugh. a grant totare Florida Fish and Wk9ft Cmsematian Commia&nn; the west Coast Wand Navofian District,- and by.partiapa*V ceuntles, #rftmatidst'w8a eofieated usirG a variety of survey tachhiques that asked private boater and br-hire operators urd clients aboutihaa arEiit W roe use during 2005. For more information, csrnntac —. Bob Swett, Fivide Son:Grard:ExtenstW, (362) 352 -6233; rawettWuft:edAL SGEF 156 Packet Page -632- #� If) GMA47 4G A 4�f Z. These are findings from a :recent study of economic .benefits associated with Annual Use of Artifitial Reefs artificial reef programs in a six - county region of Southwest Florida (Pinellas, Hillsborough, Manatee, Sarasota, Charlotte and Lee counties). The full report, E 15272 conomic impacts ofArtifitaal Reefs for Six Southwest Florida Z'ounties, TP 178, is available from Florida Sea Grant, flseagrant.org. 1110at days At a glance. 5• The results from a recent survey of the economic impact of artificial P erso Days . reefs show extensive use of the lee County artificial reef system by residents, visitors, private boaters and for -hire clients. Annual Artificial Reef • On .a daily basis, an average of more than 1350 persons in Lee County Belated Expenditures By Users — residents and visitors included — use artificial reefs. • Fishermen and divers who use Lee County's 23 artificial reef sites spend 159*77 nearly $60 million in.the county annually. Minion • Survey results document that artificial reefs help :support the for -hire fishing sector (guides, charter and party boats) with clients spending nearly $21 million on artificial reef- related trips. '33.32 .3 L . 5 • Visitors bring new money into the local economy ('$26.45 million), Million Minion accounting for more than half of artificial reef expenditures. i (residents) (aop- residents, is Expenditures on artificial reef - related activities generate nearly $52 `"R million in net economic impacts annually that support 575 full- and part-time jobs: Lee bounty government spends approximately $30,000 annually on minion i (private boaters) (guide; party, charter cheats? artificial reef. Construction funds are provided by the Florida Fish and Wildlife Conservation Commission statewide artificial reef program and other grant programs. Annual EcoinwWc Impacts • With 50 miles of white sand beaches, more than 97 parks, beaches and national Wildlife refuges, and more than 50,000 registered boats }i£ "' (4th highest in the state), Lee County is one of the premier visitor output . , �5 destinations on Florida's West Coast.;; Public Support for Artificial Rents Total AR PR In general, what is :yo Income ur opinion regarding the use of public funds to provide Million and maintain artificial reefs for recreation in Florida's waters? Reef Users Ron Reef Users Business Taxes 89 Support 86% support 69 lliliillt�.. Neutral Neutral, 224% Full/Part-time pt Oppose 7%. . jobs UrVNIVFR5ITY•f ttT IMP* �FLORIl3A LEE COUNTY i IPA .. ti5 i'_It 5: t;v :i i.1i 31 b,. rho .study.vat conducled by Hots Sea Groan and Uniuersty of Florida researchers wkh funding proms by the Ui S. Fish amd'vAWde Serrice i*_Aiid in Spoil Fish E%st�at on Pregram iiirquph a 9raret m the Plante rush and wiidnfe conservation commission < the West coast intend NavgatKm District; wtd by pedicipaft Chm iaa; lhtrxmation -teas cogecseid using a variety of survey techniques that asked private bosY maid for hire operstom -and diearts about their art ft* red use during 2009. For mars intwmatim, contact .Joy Hazen,. Lae County Sea Grant Etdansiort. (239, 53.1-761 a, ihraze#*uti.edu. SGEF 186 Packet Page -633- E These are findings from a recent study of economic benefits associated with artificial reef programs in a six - county region of Southwest Florida (-Pinellas, Hillsborough, Manatee, Sarasota, Charlotte and lee counties). The full report, Ecflnomic impacts of Artificial Reefs for Six Southwest Florida Counties, TP 178, is available from Florida Sea Grant, flseagrant org. At a glance: • The results from a recent survey of the economic impact of artificial reefs show extensive use of the ,Manatee County artificial reef system by residents, visitors, private boaters and for -hire clients. • On.a daily basis, an average of more than 540 persons in Manatee County — residents and visitors included — use artificial reefs. • Fishermen and divers who use Manatee County's 13 artificial reef sites spend over $ 23 million, in the county annually. • Survey results document that artificial reefs help support the for -hire fishing sector (guides, charter and party boats) with clients spending nearly $7 million on artificial reef - related trips. • Visitors bring new money into the local economy ($11.10 million), accounting for almost half of artificial reef expenditures. Expenditures on artificial reef - related activities generate over $19 million in net economic impacts annually that support 234 full- and part -time Jobs. Manatee County government dedicates' approximately $50.,000 annually for artificial reef construction projects. Supplemental grant funding is provided by the Florida Fish and Wildlife Conservation Commission statewide artificial reef program and the Sarasota Bay Estuary Program. With 43 recreational parks, 5 area marinas with over 500 total slips, and 27 mites of white sand beaches, Manatee County is.an important.tourist destination on Florida's West Coast. Pub is Support for Artifidal Reefs In general, what is your opinion. regarding ;the use of public funds to provide and maintain artificial reefs for recreation in Florida's waters? Reef Users Non Reef t1sers Sint = s u Neutral 6% Neutral U _ppose_ Opp ose 3/26/2013 16.A.12. Annual` Ecanvndic Impacts Packet Page -634- 1/79/7n14 in A 12 These are findings from a recent study of economic benefits associated with artificial reef programs. in a six - county region of Southwest Florida (Pinellas, Hillsborough, Manatee, Sarasota, Charlotte acrd tee counties), The full report, Economic firpaqs of Artificial Reefs for Six Southwest Florida Counties, TP 178, is available from Florida Sea Grant, fiseagrant.org, At a lance • The results from the survey show extensive Use of the Sarasota County artificial reef system by residents, visitors, private boaters and for -hire clients. • ©n ,a daily basis, an average of more than 600 persons in Sarasota County — residents and visitors included — use artificial reefs. Fishermen'and divers who use Sarasota County's 39 artificial. reef sites spend nearly.$33 million in the county annually. Survey results document that artificial reefs help support the for' -hire fishing sector {guides, charter and party boats) with clients spending nearly $13.8 million on artificial reef - related trips. • Visitors bring new money into the local economy ($15.71 mithon)., accounting for almost half of artificial reef expenditures. Expenditures ern artificial reef - related activities generate over $30 million in net economic impacts annually that support 338 full -:and part time jobs, # Sarasota County government receives approximately $601000 annually in artificial reef construction grants,Supplemental funds are provided by the Florida 'Fish and Wildlife Conservation Commission statewide artificial reef program; the Sarasota Bay Estuary Program and donations of time and material`from artificial reef manufacturing companies. With more than 35 marinas, the world- renowned white sand beaches of Siesta Key, and more than 105,000 acres of publicly -owned parks and conservation lands, Sarasota County is an important tourist destination on florida's West Coast. Publie Support for Artificial Reefs In general; what is your opinion regarding the use of public funds to provide and maintain artificial reefs for recreation in Florida's waters? Reef Users Non Reef Users c i IItEa•1.Ii 117,11 11 5.71 {fesidents; #lkOfl•t @5fdfiiStS�. .. R .- YOVAC F 11.300 n1 ion> Mifliion tprivatt Moatern {guide, party, chatter diezt ! Annual Economk Impacts Economic output�:::,, 11� , Total 6 4 Income RIAU_� :Rusifms ax Support Support 68`', Neutral 4% Neutral 27% Full/Part -time Jobs EU] Packet Page -635- '410) G 17A -1 4 4G A 4 2 I.nese are tindirigs Trim a recent study of economic benetits associated with artificial reef programs in a six-county region of Southwest Florida (Pinellas, Hillsborough, Manatee, Sarasota, Charlotte and Lee counties ). The .full report, EcDnomk Impacts: of Artificial Reefs for Six Southwest Florida Counties,.TP 178, is available from Florida Sea Grant, flseagrantorg. At a glance. • The results from a recent survey of the economic impact of artificial reefs show extensive use of the Hillsborough County artificial reef system by residents, visitors, private boaters and for -hire clients; • On a daily basis, an average of more than 570 persons in lifilsborough County — residents and visitors. included use artificial reefs. • Fishermen and divers who use Hillsborough County's 8 artificial reef sites spend more than $30 million in the county annually. • Survey, ;results document that artificial reefs help support the for -hire fishing sector (guides, charter and party boats) with clients spending over $ MS rrrillion on artificial reef- related trips. • Visitors bring new money into the local economy ($13.18 milliorf ), accounting for almost half of artificial reef expenditures. • Expenditures on.artificial reef - related activities generate' nearly $27 million in net economic impacts annually thatsupport 284 full - and.part time jobs. • The Environmental Protection Commission of Hillsborough County uses approximately :$20,000 annually in Pollution Recovery Funds to operate the artificial reef program. Supplemental funds have been provided by the Florida Fish and Wildlife Conservation Commission statewide artificial reef program and the vast majority of materials and construction services have been donated by local marine contractors. • As one of Florida's most popular tourist destinations, Hillsborough County is home to Tampa Bay, Florida's largest open water estuary that stretches nearly 400 square miles and provides some of the state's top fishing grounds and wildlife habitat; Annual Economic impacts Econom> Mill Total Income Man usiness 'ial 95� 11�Nii luillPart -time Jabs 2,84 1 �-� UFM tvr -V tattsrr>< of Rib 1 1IFAS The study was cortucted by Florida Sea Grant and University of Florida tea arr4oeirs with funding praeids d, by the t7:S. Fish and Waite Swvice Feasno Aid in spit Fish Restoration Program through a grant to the Ftor Fish and Vdddit Conservation Comnttssi", the V*4 Coast Wand Navigation District; arid' by parO**ft oounf 4, tcticnxiation was rotted ad using a variety of survey techniques that asked private boater" tor- itiira operaters and dients about their reef use durinq.2oD8. For more iiift rmetion, contact: John Stev*, Hiitst ough Cacmmty Sea grant Extension, {941,) 722-4524, ismarine0Aedu. SGEF 162 Packet Page -636- vmqn 1 i 1A A 19 These are findings from a recent study of economic benefits associated with artificial reef programs in a six- county region of Southwest Flnrida.W nellas, Hillsborough, .Manatee, Sarasota, Charlotte and lee counties):. The full report, Economic Impacts ofArtificiial Reefs for Six Southwest Florida Counties, TP 178, is available from Florida Sea Grant, fiseagrant.org. At a glance • The results from a recent surrey of the economic impactof artificial reefs show extensive use of the Charlotte County artificial reef system by residents, visitors, private boaters. and for -hire clients. • on a daily basis, an average of nearly 700 persons in Charlotte County — residents and visitors included — use artificial reefs. it Fishermen and divers who launch from Charlotte County to use artificial reef sites spend almost $28 million in the county annually. • Survey results document that artificial reefs help support the for -hire fishing sector (guides, charter and party boats) with. clients spending nearly $7 million on artificial reef - related trips. • Visitors bring new money into the local economy ($14.75 million), accounting for more than: half of artificial reef expenditures. • Expenditures on artificial reef - related activities generate nearly S23 million in net economic impacts annually that support 306 full- and part-time jobs. • Charlotte County government's artificial reef development activities rely entirely on annual grant funding provided by tocal8uating improvement Funds. Supplemental construction funds are provided by the Florida Fish and Wildlife Conservation Commission statewide artificial reef program and other grant programs. • With over 830 miles of shoreline, including mangrove -lined aquatic preserves, river passages and white sand beaches, and 270 square miles of protected marine estuary, Charlotte County.possesses some of the most pristine and productive coastal areas in the state. Public Support for Artificial Reefs in general, what is your opinion regarding the use of public funds to provide and maintain artificial reefs for recreation in Florida's waters? Reef Users Non Reef Users Support % Smart 63°f Neutral 17% Neutral 30% ;oppose 'appose T% 1 $14.7 Million WIrton (residen6) E tnr-resddants) OR Tffi UNIVERSITY of, FWRMA 11 FA The study was zonducted by Florida S . Grent and university of Florida researchers with funding provided by the U.S, Fish and Wildlife Service Fad f Aid in Spot Fl$h Restoration: Program trough a grant W the ficrida fish and Wildlife Consetveh4n Cornmissior:::the west Coast [hand Navigatior Distrdet; and by participating counties. intormation was odlected using a vanety of survey techniques that asked private boater and for -*m operators and die ntswabout their artificial reef use during MS. For mom irtfarrrtstion, contact Bogy Staugiler, Chartotte County Sea Grant E tension. (941) 7e6"345, siouglerCut,eda. SGEf't84 Packet Page -637- $•T l'i 11611 i dPrtaate boaters Mdit>on 4guid2. party, t:tlartEr clients} nual Economic Impacts 1111i1sh Total Income minion Business taxes Full/Part-time 306 Jobs Tffi UNIVERSITY of, FWRMA 11 FA The study was zonducted by Florida S . Grent and university of Florida researchers with funding provided by the U.S, Fish and Wildlife Service Fad f Aid in Spot Fl$h Restoration: Program trough a grant W the ficrida fish and Wildlife Consetveh4n Cornmissior:::the west Coast [hand Navigatior Distrdet; and by participating counties. intormation was odlected using a vanety of survey techniques that asked private boater and for -*m operators and die ntswabout their artificial reef use during MS. For mom irtfarrrtstion, contact Bogy Staugiler, Chartotte County Sea Grant E tension. (941) 7e6"345, siouglerCut,eda. SGEf't84 Packet Page -637-