Agenda 12/10/2013 Item #16A25 Proposed Agenda Changes
Board of County Commissioners Meeting
December 10,2013
Move Item 16A25 to Item 11I: Recommendation for the
Board to consider a Memorandum of Understanding (MOU)
with the Community Foundation of Collier County (CFCC)
to clarify CFCC and County roles regarding acceptance of
donations from the CFCC for the construction of artificial
reefs. (Staff's request)
Add On Item 12A: Recommendation that the Board of County Commissioners authorizes the County
Attorney to enter into the attached Retainer Agreement with Nabors Giblin &Nickerson to represent Collier
County in an$1.9 million overpayment to the Florida Department of Juvenile Justice. (County Attorney's
request)
Add On Item 16A26: Recommendation to approve a release of lien in the amount of $31,330.86, for
payment of $23,976.96, in the Code Enforcement Action entitled Board of County Commissioners v. J.P.
Morgan Chase Bank, Code Enforcement Board Case No. CESD20130000542, relating to property located at
321 7th St.NW,Collier County,Florida. (Staff's request)
Withdraw Item 16G4: Recommendation that the Board of County Commissioners,acting as the Airport
Authority,award Invitation to Bid(ITB) 13-6171 Sod Harvesting at Immokalee Airport for a minimum
license fee of Twenty Thousand Dollars($20,000)per year to Florida Sod,Inc.,and authorize the
Chairwoman to sign the attached Sod Harvesting License Agreement,pending FAA approval. (Staff's
request)
Note:
Item 16H5: Packet Page 2191 Memo refers to Mr.Weber's prior service on the Radio Road East MSTU
Board when in fact his prior service was on the Vanderbilt Beach MSTU Board(Commissioner Fiala)
Time Certain Items:
Item 5C to be heard at 10:00 a.m.,followed immediately by Items 10A, 10B, 10C, 10D, 1OF and 10G
Item 11G to be heard at 3:00 p.m.
Item 10E to be heard at 3:30 p.m.
Item 11B to be heard at 9:30 a.m.,Wednesday,December 11,2013
12/10/2013 16.A.25.
EXECUTIVE SUMMARY
Recommendation for the Board to consider a Memorandum of Understanding(MOU)with
the Community Foundation of Collier County (CFCC) to clarify CFCC and County roles
regarding acceptance of donations from the CFCC for the construction of artificial reefs.
OBJECTIVE: To provide additional funds for the County's Artificial Reef Program (ARP)
through donations from the CFCC.
CONSIDERATIONS: On April 23, 2013, the BCC approved a $500,000 grant award from the
Gulf Tourism and Seafood Promotional Fund to expand and improve Collier County's artificial
reef program. On May 28, 2013, the BCC agreed to accept donations from the CFCC and to
consider naming County reefs in accordance with suggestions to be made by the CFCC. If
approved,these funds would be placed in a restricted project fund to be used solely for the ARP.
The CFCC has requested that the Board approve the attached memorandum in order to
memorialize and document the intent of these donations and the requirements for disbursement.
The CFCC is accepting private donations with the intent of supporting the ARPs of Collier
County, the City of Marco Island and the City of Naples. The CFCC is proposing to request that
the BCC approve a specific artificial reef name for individuals that donate $100,000 or more.
Individuals and private organizations may also make donations to the CFCC, in varying
amounts, in support of the ARP. All donations and naming requests will be brought to the Board
on an individual basis for specific consideration and approval as funds are available.
Administrative authority is not being requested as part of this executive summary.
The attached MOU has been submitted by the CFCC for BCC considerations so it can be used as
a reference document for its fund raising activity.
FISCAL IMPACT: None at this time. Upon receipt of donations for the ARP, a budget
amendment will be necessary to recognize the funds and place the donation into a restricted
project fund.
GROWTH MANAGEMENT IMPACT: This grant is supportive of Coastal and Conservation
Element Objective 7.4 which states that the County shall continue to improve marine fisheries
productivity by building additional artificial reefs.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for approval. -JAK
RECOMMENDATION: Staff recommends that the BCC considers CFCC's request to enter
into a MOU regarding the acceptance of donations from the CFCC for the ARP.
Prepared By: Nick Casalanguida, GMD, Administrator at the request of the CFCC
Attachment: A) Memorandum of Understanding (MOU) with the Community Foundation of
Collier County(CFCC)
Packet Page -1025-
12/10/2013 16.A.25.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.25.
Item Summary: Recommendation for the Board to consider a Memorandum of
Understanding(MOU) with the Community Foundation of Collier County(CFCC)to clarify CFCC
and County roles regarding acceptance of donations from the CFCC for the construction of
artificial reefs.
Meeting Date: 12/10/2013
Prepared By
Name: LynchDiane
Title:Administrative Assistant
12/3/2013 9:58:02 AM
Approved By
Name: LynchDiane
Title:Administrative Assistant
Date: 12/3/2013 10:43:11 AM
Name: CasalanguidaNick
Title:Deputy Administrator-GMD,Business Management&B
Date: 12/3/2013 10:53:23 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 12/3/2013 3:42:20 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/3/2013 4:12:32 PM
Name: OchsLeo
Title: County Manager
Date: 12/3/2013 5:19:37 PM
Packet Page-1026-
12/10/2013 16.A.25.
Memorandum of Understanding
This Memorandum of Understanding dated the day of 2013 between the Community
Foundations of Collier County and Collier County Government states as follows:
The purpose of this MOU is to clarify the mechanism for the transfer for the CFCC private donated funds for the
Artificial Reef program to the County per their request.The funds donated to CFCC are placed in a general Artificial
Reef program designated Fund. The reason for utilizing the CFCC is to provide the donor with a tax deduction
through an approved IRS 501 C3 established entity.
The CFCC funds may be used to aid the County, per their request, in construction of artificial reefs in conjunction
with the parameters of the Promotional BP Fund Grant Agreement award accepted by the BCC on April 9,2013
Upon request by the County, the CFCC will release Fund donations to the County restricted project fund for the
construction artificial reefs pursuant to executive summary accepted by the BCC dated 5/28/13. The request for
aid by the County for funds shall include: permit(s) for an artificial reef between 10 and 30+ miles offshore;
approval by the BCC for naming of reef(s) consistent with the donor's request for donations of$100,000 more and
certification that an artificial reef construction contract is current and approved.
After completion of construction of six (6) permitted reef clusters,thirty-six (36) reefs, of which two (2) permitted
clusters, twelve (12) reefs are designated to the County, any additional funds donated to CFCC will be disbursed
equally among the participating agencies, upon request, annually in October. These funds may be utilized to
construct additional artificial reefs or for maintenance.
Protection of Donor's Intent
In order to protect the charitable intent of the donor's contribution,this agreement is subject to the Foundation's
authority to vary the terms of the gift in accordance to the Bylaws of Community Foundation of Collier County.
Expressly, the Foundation can modify any restriction or condition on the distribution of funds for any specified
charitable purposes or to specified organizations if in the sole judgment of the Board (without the necessity of the
approval of any participating trustee, custodian, or agent) such restriction or condition becomes, in effect,
unnecessary,incapable of fulfillment,or inconsistent with the charitable needs of the community area served.
Once monies are received, it is considered an irrevocable charitable gift.All contributions are subject to the bylaws
of the Community Foundation of Collier County.This is an at-will arrangement,with either party having the right to
freely terminate on written notice to the other.
Approved By: Approved by:
Community Foundation of Georgia Hiller,Chairwoman
Collier County Board of County Commissioners
Address: Address:
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
Packet Page-1027-