Backup Documents 05/10/2011 Item #16B 1
1681 .
MEMORANDUM
Date:
May 10, 2011
To:
Ashley Caserta, Grants Coordinator
Bayshore Gateway Triangle CRA
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
. Re:
Event Grant Funds Agreement w/Bayshore CAP A Center, Inc,
Attached for your records, are one (1) copy of the document referenced above
(Item #16B1) adopted by the Collier County Board of County Commissioners on
Tuesday, May 10, 2011.
The original has been kept by the Minutes & Records Department as a part of the
Boards Records.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
1681
EVENT GRANT FUNDS AGREEMENT BETWEEN
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND
BA YSHORE CAPA CENTER, INC.
TillS AGREEMENT ENTERED this 10th day ofMav, 2011 by and between the Collier
County Community Redevelopment Agency (CRA), Collier County Florida, a political
subdivision of the State of Florida, herein referred to as the "CRA" and Bayshore CAPA Center,
Inc., a Florida not-for-profit corporation ("GRANTEE").
WHEREAS, during the March 1, 2011 regular meeting ofthe Bayshore Gateway Triangle
CRA Advisory Board the CRA authorized the commitment of$15,000 by the Bayshore Gateway
Triangle CRA towards the 2nd Annual Bayshore Festival of Al1s conducted at Sugden Regional
Park by the GRANTEE, and
WHEREAS, the CRA is desirous of providing funding for the 2nd Annual Bayshore
Festival of Al1s for specific line items to include: staging and sound production system, and
tents/tables/chairs at not to exceed fifteen thousand dollars, and
WHEREAS, the grant funds will be distributed through a reimbursement process
contingent upon delivery of a receipts for expenditures as detailed in the project budget;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. SCOPE OF WORK:
(a) As requested by the GRANTEE on the Request for Funds, Exhibit "A", the CRA
authorizes a grant of CRA Trust Funds (Fund 187) to the GRANTEE for use in conducting the
2nd Annual Bayshore Festival of Arts.
(b) In accordance with the authorized expenditures as set forth in the Budget, attached
hereto as Exhibit "B," GRANTEE shall expend the funds to facilitate a staging and sound
production system and tents/tables/chairs for the 2nd Annual Bayshore Festival of Arts.
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16 B 1
2. PAYMENT:
(a) The amount to be reimbursed under this Agreement shall be a total of fifteen
thousand dollars ($15,000.00). GRANTEE shall be paid in accordance with fiscal procedures of
Collier County for the expenditures incurred as described in Paragraph One (1) herein upon
submittal of a request for funds on the form attached hereto as Exhibit "A" and made a part
hereof, and shall submit invoices and proof of payment in the fonn of cancelled checks or other
documentation to the Executive Director of the Bayshore Gateway Triangle eRA, 4069 Bayshore
Drive, Naples, Florida 34112 for review and upon verification by letter from the GRANTEE that
the services or work performed as described in the invoice have been completed or that the goods
have been received and that all vendors have been paid.
(b) The Executive Director of the CRA shall detennine that the invoice payments are
authorized and that the goods or services covered by such invoice[s] have been provided or
performed in accordance with such authorization. The line item budget attached as Exhibit "B"
shall constitute authorization for the expenditure[s] described in the invoice[s].
(c) All expenditures shall be made in conformity with this Agreement.
Cd) The CRA shall not pay GRANTEE until the Collier County Clerk of Courts pre-
audits all payment invoices in accordance with law.
(e) GRANTEE shall be paid for its actual costs, not to exceed the total amount for
any line item nor the maximum amount budgeted pursuant to Exhibit "B."
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in Paragraph One (l) will be paid by CRA.
(b) CRA agrees to pay eligible expenditures incurred between October 1, 2011 and
February 28,2012.
(c) Any expenditures paid by CRA which are later deemed to be ineligible
expenditures shall be repaid to CRA within thirty (30) days of CRA's written request to repay
said funds.
(d) CRA may request repayment of funds for a period of up to three (3) years after
termination of this Agreement or any extension or renewal thereof.
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4, INSURANCE:
(a) GRANTEE shall submit a Certificate ofInsurance naming Collier County Board of
County Commissioners and the Community Redevelopment Agency as additional insureds.
(b) The certificate of insurance must be valid for the duration ofthis Agreement, and
be issued by a company licensed in the State of Florida, and provide General Liability Insurance
for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person.
PROPERTY DAMAGE LIABILITY $300,000 each claim per person.
PERSONAL INJURY LIABILITY $300,000 each claim per person.
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory.
(c) The Certificate of Insurance must be delivered to the Executive Director of the
CRA within ten (10) days ofthe approval ofthis Agreement by the CRA Board.
5. REPORTING REOUIREMENTS:
(a) GRANTEE shall provide to County a Final Status Report on the foml attached
hereto as Exhibit "C" no later than February 28,2012.
(b) The report shall identify the amount spent, the duties performed, the services
provided and the goods delivered since the previous reporting period.
(c) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of aU vendors and subcontractors.
(d) CRA may withhold any interinl or final payments for failure of GRANTEE to
provide the fmal status report until the CRA receives the final status report or other report
acceptable to the Executive Director of the CRA.
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) eRA shall not be responsible for paying vendors and shall not be involved in the
selection ofsubcontractors or vendors.
(c) GRANTEE agrees to disclose any financial or other relationship between
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related
employees, agents, officers, directors and/or shareholders.
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16Bl
Cd) CRA may, in its discretion, object to the reasonableness of expenditures and
require payment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
7. TNDEMNlFICATION:
GRANTEE shall indemnifY and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the
GRANTEE in the perfornlance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
8. NOTICES:
All notices from the CRA to the GRANTEE shall be in writing and deemed duly served if
mailed by registered or certified mail to the GRANTEE at the following address:
Steve Kutler
President, Bayshore CAP A Center, Inc.
4069 Bayshore Drive
Naples, FL 34112
239.273.6743
All notices from the GRANTEE to the eRA shall be in writing and deemed duly served if
mailed by registered or certified mail to the COUNTY to:
David Jackson
Executive Director
4069 Bayshore Drive
Naples, FL 34112
239.643.1115
The GRANTEE and the CRA may change the above mailing address at any time upon
giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the eRA and the GRANTEE, or its vendors or subcontractors, or to
constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the
CRA.
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16 B 1
10. COOPERA nON: GRANTEE shall fully cooperate with the CRA in all matters
pertaining to this Agreement and shall provide all information and documentation requested by
the CRA from tinle to time pertaining to the use of any funds provided hereunder.
11. TERMfNATION:
(a) The eRA or the GRANTEE may cancel this Agreement with or without cause by
giving thirty (30) days advance written notice of such termination specifYing the effective date of
termination.
(b) If the CRA terminates this Agreement, the CRA will pay the GRANTEE for all
expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors,
after October 1, 2011 up to the effective date of the teffilination so long as such expenses are
eligible.
12. GENERAL ACCOUNTfNG: GRANTEE is required to maintain complete and
accurate accounting records. All revenue related to the Agreement must be recorded, and all
expenditures must be incurred within the term of this Agreement.
13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial infoffilation pertaining to work perfonned under this Agreement
for a period of three (3) years. GRANTEE agrees that the CRA, or any of its duly authorized
representatives, shall, until the expiration of three (3) years after final payment under this
Agreement, have access to, and the right to examine and photocopy any pertinent books,
documents, papers, and records of GRANTEE involving any transactions related to this Agreement.
14. PROffiBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
eRA.
15. TERM: This Agreement shall become effective on the latest date signed and shall
remain effective until February 28, 2012. If the project is not completed within the term of this
agreement, all unreleased funds shall be retained by the CRA. Paragraph 7, Indemnification, and
other provisions herein that may require perfonnance subsequent to the foregoing tennination date
shall remain in full force and effect pending performance.
5
16 B 1
16. EVALUATION OF IMPACT: GRANTEE shall monitor and evaluate the impact
of the Project, explaining how the impact was evaluated, providing a written report to the
Executive Director of the CRA, along with a final budget analysis by February 28,2012.
17. REQUIRED NOTATION: All promotional literature and media advertising must
prominently list and/or identify the Collier County Community Redevelopment Agency as event
sponsor.
18. AMENDMENTS: This Agreement may only be amended by mutual written
agreement ofthe parties, after review by the Collier County Community Redevelopment Agency.
IN WITNESS WHEREOF, the GRANTEE and CRA have respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year fIrst above written.
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COLLffiRCOUNTYCO~TY
REDEVELOPMENT AGENCY (CRA)
COLLffiR CO ifY, FL
By:
" . ., . ~ ~ . . ' .
Approved as to form and
le~;;7?J~
Scott Teach
Deputy County Attomey
WITNESSES:
GRANTEE:
BA YSHORE CAP A CENTER, INC., a Florida not-
for-profIt c01~ration
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Printed/Typed Nam~
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6
EXHIBIT "A"
16 B 1
REQUEST FOR FUNDS
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
EVENT NAME: BAYSHORE FESTIVAL OF THE ARTS
ORGANIZATION: BAYSHORE CAPA CENTER. INC.. a Florida not-for-orofit comoration
ADDRESS: 4069 BAYSHORE DRIVE. NAPLES FL 34112
CONTACT PERSON: Steve Kutler TELEPHONE (239) 273.6743
REQUEST PERIOD: FROM OCTOBER 1. 2011 TO FEBRUARY 28.2012
REQUEST#
(SEE ATTACHED LETTER OF REQUEST)
( ) FINAL REPORT
TOTAL CONTRACT AMOUNT $15,000.00
EXPENSE
BUDGET
REIMBURSEMENT REQUESTED
Stages & Sound Production $10,000
_Up to $10,000 (actual cost)_
Rentals: TentslTables/Chairs $5,000
TOTALS
$15,000
_Up to $5,000 (actual cost) _
_Up to $15,000 (actual costs)_
NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined
in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or
other backup information to substantiate payment must accompany request for funds. The
following will not be accepted for payments: statements in place of invoices; checks or invoices
not dated; tear sheets without date, company or organizations name. A tear sheet is required for
each ad for each day or month of publication. A proof of an ad will not be accepted.
Your request for payment shall be accompanied with verification in writing that all
subcontractors and vendors have been paid for work and materials performed or received.
If the project budget has specific categories with set dollar limits, the Grantee is required to
include a spreadsheet to show which category each invoice is being paid from and total of
category before payment can be made to Grantee. Organizations receiving funding should take
into consideration that it will take a maximum of 45 days for the Clerk of Courts to process a
check.
Furnishing false information may constitute a violation of applicable State and Federal laws.
CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on
our official accounting system and records, consistently applied and maintained and that the
cost shown have been made for the purpose of and in accordance with, the terms of the contract
The funds requested are for reimbursement of actual cost made during this time period.
See attached Bayshore CAPA Center, Inc request letter with proposed budget.
7
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1681
Dear CRA Advisory Board Members and Collier County Commissioners,
Bayshore Cultural and Performing Arts Center (CAPA) and the CRA
presented a highly successful Bayshore Festival of the Arts at Sugden
Regional Park January 29th and 30th, 2011. An estimated 4000-5000 people
attended this free high quality event that included music performances by
over 250 local musicians, visual artists and the Band of the United States Air
Force Reserve out of Warner Robbins Air Force Base, Georgia. A wide
selection of excellent food vendors from local restaurants also participated.
The Mission of the Fes~ival was to create an awareness of the need for a
Cultural and Performing Arts Center that would serve as a home for the
local visual and performing artists, provide accessible and affordable
cultural enrichment for the community, and encourage businesses and
potential residents to invest, live and work in the Bayshore area.
Expenditures for this event were $50,000, income were about $32,000/ for
a net loss of $18/000 of which the CRA covered $14/000.
Bayshore CAPA would like to present the Festival January 28th l1AM-6PM,
and January 29th 12PM-6PM, 2012, and is requesting a CRA sponsorship of
$15/000 to be allocated in the CRA's FY2012 budget and applied to the
following proposed Festival budget:
Stages and Sound Production:
Musicians:
Rentals: Tents/tables/chairs/generators
Insurance, Security, Deputies
Advertising:
Portable WC's and Waste Management
Signage
Event Manager
County Parks & Rec & Permits ??7?
$13/500
7/000
11,000
3,500
6/000
1600
2,000
6/000
77?7
*
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g\ Y S H () I~ r CUI T U 1\\ l ;<. PER FOR. i\ \ I H G. F: T S (I I,; I I P
16 B 1
CAPA's Mission is to create a Cultural and Performing Arts Center that
showcases local visual and performing artists, providing affordable,
accessible cultural enrichment opportunities for the community. In order to
fulfill this mission, it is imperative that CAPA raise substantial funds for its
present operations, and the future construction of this facility. We see this
project as potentially being the great catalyst that the CRA has been
seeking; one where the activities, in combination with those of Naples
Botanical Garden, will create a vibrant hub within Collier County....a place
where people can live, work and play.
We greatly appreciate the CRA's past support and look forward to
continuing our work together in the future.
Respectfully,
Steve Kutler, President
Chellie Doepke, Vice President
Bayshore Cultural and Performing Arts Center, Inc.
Page 1 of2
16 B 1
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Florida Non Profit Corporation
BAYSHORE CAPA CENTER, INC.
Filing Information
Document Number N10oo0010270
FEIIEIN Number 201793831
Date Filed 11/02/2010
State FL
Status ACTIVE
Effective Date 11/01/2010
Principal Address
4069 BA YSHORE DR
NAPLES FL 34112 US
Maning Address
2400 TAMIAMl TRAIL NORTH
201
NAPLES FL 34103 US
Registered Agent Name & Address
DAVIDSON AND NICK CPAS
2400 TAMIAMI TRAIL N
201
NAPLES FL 34103 US
Officer/Director Detail
Name & Address
TitleP
KUTLER,STEVE
4069 BAYSHORE DR
NAPLES FL 34112 US
Title VP
WILLIAM, NOLL
4069 BAYSHORE DR
NAPLES FL 34112 US
TitleS
BOWMAN, RONALD
4069 SA YSHORE DR
NAPLES FL 34112 US
Title T
hnp:/Iwww .sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc _ number=N 1 00000 102... 4/11/2011
\\ ww.sunbiz.org - Department of State
Page 2 01'2
STAMPFLI, JENNIFER L
2400 TAMIAMI TRAIL N #201
NAPLES Fl34112 US
TitleD
DOEPKE, ROCHELLE
4900 BA YSHORE DR
NAPLES FL 34112
Annual Reports
1681
Report Year Filed Date
2011 01/06/2011
Document Images
01106/2011 u ANNUAL REPORT ___ .~~~e~f(im18t::~:-'--'l
11!02/2010 -- Domestic Non-Profit Lyiew ImageJn-PDFformat J
I Note: This is not official record. See documents if question or conflict. I
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I H..~rl\.:' I Ct,ntdct U:.i I {)(Jrl1ln~nt S~a..(hcs ! [.f.hn..:] StO:' v:; '...... . ! :;rr'\"'; . !i- ..- .
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http://www.sunbiz.org/scripts/cordct.exc?action=DETFIL&inq_doc_number=NI 00000102... 4/11/2011
16 B 1
EXHIBIT "B"
Bayshore CAP A Center, Inc.
Project Budget
Fundin!! (Not to Exceed) $15. 000
Item Request
Stage & Sound Production $10,000
Tents/Tables/Chairs $5,000
TOTAL
$15,000
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1681
EXHIBIT "C"
Collier County Community Redevelopment Agency
Event Final Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
-------------------------------------------------------------------
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On an attached sheet. answer the followina Questions for each element in vour
scope of work.
Final - These questions should be answered for your final status report.
Was this a first time project? If not, how many times has this event taken place?
What hotels/motels were utilized to support the project and how many?
What is the total revenue generated for this event?
Total expenses.
List the vendors paid. if not why?
What invoices are still outstanding and why?
What is the number of participants that visited the project?
What problems occurred if any during the project event?
List any advertising, marketing, and/or public relations that was used to support the
project and attach samples.
How could the project been improved or expanded?
9