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Agenda 05/13/2008 Item #16F 5 Agenda Item No. 16F5 May 13. 2008 Page 1 of 26 EXECUTIVE SUMMARY Recommend approval of amendments to TDC Category Band C Grant Agreements for FY 08 to remove the requirement for matching funds OBJECTIVE: Approve amendments to eight (8) FY 08 TDC Category "B" and "C" Grant Agreement to remove the requirement for "matching funds". CONSIDERATIONS: In the application and subsequent agreements for the current fiscal year (FY 08) TDC grants, staff requested the insertion of new language calling for a "dollar for dollar match", which had not previously been a requirement. What this additional requirement actually means, for example, is that on a grant of $1 0,000 the grantee must spend a total of $20,000 to get $10,000 reimbursed. This requirement has caused a significant challenge to many of our small, non-profit grantee organizations, We have found that most all of our grantees are not in a financial position to spend a matching amount of money on the same project requested in the grant application. Staffs intent was only to clarify that these grants are by reimbursement only, meaning that the grantee must spend the amount of the approved grant up front, and then request reimbursement for those expenditures that meet the requirements of the grant. Staff's intent was not to double the amount spent by the grantee on the same requested project. The agreements affected by these amendments are between Collier County and United Arts Council of Collier County, Inc, Marco Island Historical Socicty, Inc, Naples Botanical Garden, Inc, The Naples Zoo, Inc, Naples Art Association, lnc, Southwest Florida Holocaust Museum, Inc, The Conservancy of Southwest Florida, Inc and Fliends of Rookery Bay, Inc. ADVISORY BOARD RECOMMENDATION: This language change was presented to the Tourist Development Council (TDC) on March 24, 2008 and was unanimously recommended (7- 0) for removal of the "matching funds" language from both the current FY 08 agreements and the TDC Grant Applications and subsequent agreements for FY 09. COUNTY ATTORNEY FINDING: The County Attomey has prepared and approved the eight amendments for form and legal sufficiency. FISCAL IMPACT: There is no fiscal impact from this action. GROWTH MANAGEMENT IMPACT: There is no impact to the Grov.1h Management Plan related to this action. RECOMMENDA nON: Approval of eight amendments to the FY 08 TDC Grants removing the "matching funds" requirement and approving a similar change in the FY 09 TDC grant application form and subsequent agreements, and authorize the County Manager or his designee to execute the amendments. PREPARED BY: Jack 'Vcrt, Tourism Diri'ctor Item Number: Item Summary: Meeting Date: Page 1 of I Agenda item No. 16F5 May 13, 2008 Page 2 of 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F5 Recommend approval of amendments to TDe Category Band e Grant Agreements for FY 08 to remove the requirement for matching funds. 5/13/200890000 AM Prepared By Jack Wert County Manager's Office Tourism Director Date Tourism 4/28/20084:01 :39 PM Approved By Lyn Wood Administrative Services Purchasing Agent Date Purchasing 4/29/200811:01 AM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Date Purchasing 4/29/20084:37 PM Approved By Jack Wert County Manager's Office Tourism Director Date Tourism 4/30/2008 9:08 AM Approved By OMS Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 4/30/2008 1 :27 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 5/2/20089:18 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 5/5/200812:36 PM file:IIC:\AgendaTest\ExDort\ 1 07-Mav%20 13.%202008\ 16.%20CONSENT%20AGENDA \ 16... 517/2008 ,!;,genc3 item r'~o. 16F5 May 13, 2008 F'age 3 of 26 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Friends of Rookerv Bav. Inc. BID/RFP #: MOD#: 1 PO#: 4500088011 PROJECT #: _n/a WORK ORDER #: DEPARTMENT: Tourism CONTRACTOR/FIRM NAME: Friends of Rookerv Bav. Inc. Original Contract Amount: $ _$25,000 (Starting Point) Current BCC Approved Amount: $_$25,000 (last Total Amount Approved by the BCG) Current Contract Amount: $ $25,000 --cincluding All Changes Prior To This Modification) Change Amount: S_D Revised ContractIWork Order Amount: $_$25,000 (Including This Change Order) Cumulative Dollar Value of Changes to this ContracllWor1< Order: S 0 Date of Last BCC ApprovaL912512007 Agenda Item # _16F3 Percentage of the change over/under current contract amount Formula: (Revised Amcunt I Last BCC approved amount)-1 o % CURRENT COMPLETiON DATE (5): ORIGINAL: CURRENT: 9/3012008 Describe the change(s): Remove the "matching funds" language from the current FY 08 grant ~greement. Specify the reasons for the change(s) r 1, Planned or Elective r.- 2. Unforeseen Conditions r 3, Quantity Adjustments r. 4, Correction of Errors (Plans, Specifications or Scope of Work) r 5. Value Added r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s). Identify all negative impacts to the project if this change order were not processed: Grantees are not in a financial position to spend a matchlno amount of funds on the same proiect recuested in the crant application, These Qrants are bv reimbursement onlY meaninc that the crantee must spend the amount of the approved arant first, followed bv a reauest for reimbursement for expenditures that meet the Qrant requirements. Staff's intent was not to double funds spent bv the crantee on the same requested proiect. This change was requested by: r1Contractor/Consultant rI Owner 1"1 Using Department C CDES CDesign Professional rlRegulatory Agency (Specify) rOther (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r, Yes 17 No This form Is to be signed and dated. APPROVED BY: ~ ~~ Project anagir ,/ Dale: ;,;,h Yf'" ~/~ 5'/0 3' / REVIEWED BY: Date: Revised 11.19.2007 Agenda Item No May 13 Page 16F5 2008 of26 FIRST AMENDMENT 2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND FRIENDS OF ROOKERY BAY, INC. This First Amendment to the 2008 Tourism Agreement, made this _ day of . 2008, (hereinafter referred to as "First Amendment"), is entered into by and between Collier County (hereinafter referred to as "COUNTY'\ and Friends of Rookery Bay, Inc. (hereinafter referred to as "GRANTTEEU). WITNESSETH: WHEREAS, the COUNTY and GRANTEE entered into a 2008 Tourism Agreement dated September 25, 2007 (the "Agreement") with GRANTEE; and WHEREAS, the COUN1Y and GRANTEE desire to further amend tne tenns of tne Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. Paragraph 2(f) of said Agreement is hereby deleted in its entirety retroactively to the effective date of the Agreement: (f) GRANTEE is required to pay matching funds for the Project in the amount of $25.000 in the form of cash or in-kind contributions. For each request for funds, GRANTEE shall produce documentation of the cash or in-kind contribution equaling the sum requested. For in~kind contributions. GRANTEE shall provide a letter from the donor which explains the contribution and its value. The cash contribution shall not be less than $18,750. 2. Except as provided herein, the Agreement shall remain in full force and effect. IN W1TNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: TOM HENNING, Chainnan Approved as to form and legal sufficiency: Heidi Ashton-Cicko Assistant County Attorney @ Agenda Item No 16F5 !\1ay 13 2008 Page of 26 WITNESSES: (1) Signature GRANTEE: FRlENDS OF ROOKERY BAY, INC. By: LOIS SHRAIM, President Printed/Typed Name (2) Slgnature Printedffyped Name CPcTDC\l" Amrnd :ZOOg\Fricnd~RookcryBay Agenda Item t~o. 161'5 May 13, 2008 Page 6 of 26 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Marco Island Historical Soclatv, Inc. PROJECT #: _nla BI D/RFP #: MOD#: 1 PO#: 4500088012 WORK ORDER #: DEPARTMENT:Tnuri~m CONTRACTOR/FIRM NAME: Marco Island Histori~'1 Socie'" Inc. Current BCC Approved Amount: $ $125,000 (Starting Point) $ $125,000 -(last Total Amount Approved by the BCC) Original Contract Amount: Current Contract Amount: $_$125,000 (Including All Changes Prior To This Modification) Change Amount: Revised ContractIWork Order Amount: $_0 $ $125,000 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $ 0 Date of Last BCe Approval_9/2512oo7 Agenda Item # _16F3 Percentage of the change over/under current contract amount Formula: (Revised Amount I Last BCC approved amount)-l o % CURRENT COMPLETION DATE (5): ORIGINAL: CURRENT: 9130/2008 Describe the change(s): Remove the "matching funds" language from the current FY 08 grant agreement. Specify the reasons for the change(s) r 1. Planned or Elective (!. 2. Unforeseen Conditions C 3, Quantity Adjustments C 4. Correction of Errors (Plans, Specifications or Scope of Work) C 5. Value Added r 6, Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s). Identify all negative impacts to the project if this change order were not processed: Grantees are not In a financial position to spend a matchina amount of funds on the same proiect reouested in the arant application. These arants are bv reimbursement only meanlna that the arantee must spend the amount of the approved llrant first, followed bv a reauest for reimbursement for expenditures that meet the arant reaulrements. Staff's Intent was not to double funds spent bv the llrantee on the same reauested proiect. This change was requested by: rlContractor/Consultant rI Owner 171 Using Department n CDES CDesign Professional rlRegulatory Agency (Specify) r Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: n Yes R" No This fonn is to be signed and dated. APPROVEDB~ ~:4'/~' Projec anager REVIEWED BY: d~ 1{ / ~ n t Specialist Date 0Jhs Date: f! ;2 .sJ'C7 8" Revised 11.19.2007 Agenda item No. 16F5 May 13. 20,]8 Page 7 of 26 FIRST AMENDMENT 2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND MARCO ISLAND HISTORICAL SOCIETY, INC. This First Amendment to the 2008 Tourism Agreement, made this _ day of , 2008. (hereinafter referred to as "First Amendment"), is entered into by and between Collier County (hereinafter referred to as "COUNTY''), and Marco Island Historical Society, Inc. (hereinafter referred to as "GRANTTEE"). W ITNES SETH: WHEREAS, the COUNTY and GRANTEE entered into a 2008 Tourism Agreement dated September 25, 2007 (the "Agreement") with GRANTEE; and WHEREAS, the COUNTY and GRANTEE desire to further amend the terms of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. Paragraph 2(1) of said Agreement is hereby deleted in its entirety retroactively to the effective date of the Agreement: (f) GRANTEE is required to pay matching funds for the Project in the amount of 5125,000 in the form of cash or in-kind contributions. For each request for funds, GRANTEE shall produce documentation of the cash or in~kind contribution equaling the sum requested. For in-kind contnbutions, GRANTEE shall provide a letter from the donor which explains the contribution and its value. The cash contribution shall not be less than $93,750. 2. Except as provided herein, the Agreement shall remain in full force and effect. fN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official scals, hereto affixed the day and year first v..Titten above. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . Deputy Clerk By: TOM HENNING, Cbairman Approved as to fonn and legal sufficiency: @ Heidi Ashton-Cicko Assistant County Attorney Agenda Item No. 16F5 May 13, 2008 Page 8 of 26 WITNESSES: (1) Signature GRANTEE: MARCO ISLAND HISTORlCAL SOCIETY, INC. PrintcdfTyped Name By: Print Name: (2) Print Title: Signature Priotedffyped Name C?:'TDC\l. Amend 2008\M1 HiSloricalSoclc:1y Aas:lca Item hlo, '16F5 ~ ['Jay 13 2008 Page 9 oi 26 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Naples Art Association. Inc. PROJECT #: _n/a PO#: 4500088069 WORK ORDER #: BIDlRFP #: MOD#: 1 DEPARTMENT: Tourism CONTRACTOR/FIRM NAME: Na"les Art Associa~on Inc. Original Contract Amount: $ _$50,000 (Starting Point) Current BCC Approved Amount: $_$50,000 (Last Total Amount Approved by the BCC) Current Contract Amount: $_$50,000 (Including All Changes Prior To This Modification) Change Amount: $_0 Revised ContractIWork Order Amount: $_$50,000 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork. Order. $ 0 Date of Last BCC Approval_9125/2007 Agenda Item # _16F3 Percentage of the change over/under current contract amount Formula: (Revised Amount I Last Bee approved amount)-1 o % CURRENT COMPLETION DATE (5): ORIGINAL: CURRENT: 9/30/2008 Describe the change(s): Remove the "matching funds" language from the current FY 08 grant agreement. Specify the reasons for the change(s) (' 1. Planned or Elective r. 2. Unforeseen Conditions r 3. Quantity Adjustments (' 4. Correction of Errors (Plans, Specifications or Scope of Work) r 5. Value Added (' 6, Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s). Identify all negative impacts to the project if this change order were not processed: Grantees are not in a financial position to spend a matchlna amount of funds on the same project reQuested in the arant application, These Qrants are bv reimbursement onlv meanina that the arantee must spend the amount of the approved arant first, followed bv a reauest for reimbursement for expenditures that meet the arant reQuirements, Staffs intent was not to double funds spent bv the arantee on the same reauested proiect. This change was requested by: r1Contractor/Consultant rI Owner 171 Using Department C CDES LDeslgn Professional r1Regulatory Agency (Specify) r Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r Yes r;; No This form is to be signed and dated. APPROVED BY: ~4 Project Manager REVIEWED BY: Date ~h-.rk Date: '(f2:f/(J,f' Revised I 1.19.2007 Agenda Item No. 16F5 May 13, 2008 Page 10 of 26 FIRST AMENDMENT 2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES ART ASSOCIATION, INC. TIris First Amendment to the 2008 Tourism Agreement, made this _ day of . 2008, (hereinafter referred to as "First Amendment"), is entered into by and between Collier Connty (hereinafter referred to as "COUNTY"), and Naples Art Association, Inc. (hereinafter referred to as "GRANTTEE"). WITNESSETH: WHEREAS, the COUNTY and GRANTEE entered into a 2008 Tourism Agreement dated September 25, 2007 (the "Agreement") with GRANTEE; and WHEREAS, the COUNTY and GRANTEE desire to further amend the terms of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. Paragraph 2(f) of said A!:,'Teement is hereby deleted in its entirety retroactively to the effective date of the Agreement: (f) GRANTEE is required to pay matching funds for the Project in the amount of $50,000 in the form of cash or in-kind contributions. For each requr::st for funds, GRANTEE shall produce documentation of the cash or in-kind contribution equaling the sum requested. For in~kind contributions, GRANTEE shall provide a letter from the donor which explains the contribution and its value. The cash contribution shall not be less than $37,500. 2. Except as provided herein, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COU1'.'TY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: TOM HENNING, Chairman Approved as to form and legal sufficiency: Heidi Ashton-Cicko Assistant County Attorney @ WITNESSES: (I) GRANTEE: NAPLES ART ASSOCIATION, INC. signamre By: PrintedITyped Name FRANK NAPPO, President (2) SIgnature Printedffyped Name CP:TDC\lA Amend 200l\lNaples Art .'1...,\1\ ,~ge~lda It8m hio. 16:=5 !Y18Y 13~ 2008 1'8g8 1Jf 26 ,l\genda Item No. 16F5 May 13, 2008 Page 12 of 26 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Naolell Botanical Garden, Inc, BID/RFP II: MOD II: 1 POll: 4500088009 PROJECT #: _nla WORK ORDER II: DEPARTMENT: Tn"rism CONTRACTOR/FIRM NAME: Nanles Botanical Garden Inc. Original Contract Amount: $_$110,000 (Starting Point) Current BCC Approved Amount: $ $110,000 (Last Total Amount Approved by the BCC) $_$110.000 (Including Ail Changes Prior To This Modification) Current Contract Amount: Change Amount: $_0 $ $110,000 (Including This Change Order) Revised ContractIWork Order Amount: Cumulative Dollar Value of Changes to this ContractIWork Order: $ 0 Date of Last BCC Approval_912512007 Agenda Item # _16F3 Percentage of the change over/under current contract amount Formula: (Revised Amount I Last BCC approved amount)-l o % CURRENT COMPLETION DATE (S): ORIGINAL: CURRENT: 913012008 Describe the change(s): Remove the "matching funds" language from the current FY 08 grant agreement, Specify the reasons for the change(s) r 1, Planned or Elective l!, 2. Unforeseen Conditions r 3. Quantity Adjustments (" 4. Correction of Errors (Plans, Specifications or Scope of Work) r 5, Value Added r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s). Identify all negative Impacts to the project if this change order were not processed: Grantees are not In a financial position to spend a match In a amount of funds on the same prolect reauested in the arant application, These arants are bv reimbursement onlv meanina that the arantee must spend the amount of the approved arant first, followed bv a reauest for reimbursement for expenditures that meet the arant reaulrements, Staffs Intent was not to double funds spent bv the arantee on the same reauested proiect. This change was requested by: [']Contractor/Consultant r! Owner 171 Using Department r CDES !:Deslgn Professional r1Regulatory Agency (Specify) f':"Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: f':" Yes R: No This form is to be signed and dated, APPROVED BY '----- ~ ~~ Projec Manager .J REVIEWED BY: ~' 0 I>-tJ-t'f o t ct Specialist Date: .0f/o-r ~(2~OJ?' Date: Rcvised 11.19.2007 l\genca Item riD 16 5 May 13 20 g Page i of 6 FIRST AMENDMENT 2008 TOURlSM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES BOTANICAL GARDEN, INC. This First Amendment to the 2008 Tourism Agreement, made this _ day of . 2008, (hereinafter referred to as "First Amendment"), is entered into by and between Collier County (hereinafter referred to as "COln\lY"), and Naples Botanical Garden, Inc. (hereinafter referred to as "GRANTIEE"). WITNESSETH: WHEREAS, the COUNTY and GRANTEE entered into a 2008 Tourism Agreement dated September 25, 2007 (the "Agreement") with GRANTEE; and WHEREAS, the COUNTY and GRANTEE desire to further amend the terms of the Agreement. NOW. THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. Paragraph 2(t) of said Agreement is hereby deleted in its entirety retroactively to the effective date of the Agreement: (f) GRANTEE is required to pay matching funds for the Project in the amount of $110,000 in the form of cash or in-kind contributions. For each request for funds, GRANTEE shall produce documentation of the cash or in-kind contribution equaling the sum requested. For in-kind contributions, GRANTEE shall provide a letter from the donor which explains the contribution and its value. The cash contribution shall not be less than $82,500. 2. Except as provided herein, the Agreement shall remain in full force and effect. IN WITNESS 'WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year fIrst v.rri.rten above. DATED: ATTEST: DWIGHT E. BROCK, Cleric BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: TOM HENNING, Chairman Approved as to form and legal sufficiency: ~ Heidi Ashton-Cicko Assistant County Attorney Agenda Item N. May 1 Page 1 ~ WITNESSES: (I) GRANTEE: NAPLES BOTANICAL GARDEN, INC. signatw"e By: PrintedITyped Name BRlAN E. HOLLEY, President (2) signature PrintedITyped Name CP:TOC,j" Amend 200S\Naples llolllnical Gard!:ll 16F5 ,2008 of26 Itenl l\jo -: 6 5 1~8Y 13, 20 8 ?age:5 of 6 I CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Southwest Florida Holocaust Museum. Inc. PROJECT #: _nla BI DfRFP #: MOD#: 1 PO#: 4500088010 WORK ORDER #: DEPARTMENT: Tourism CONTRACTOR/FIRM NAME: Southwest Florida Holocaust Museum Inc. Original Contract Amount: $ _$1 00,000 (Starting Point) Current BCC Approved Amount: $_$100,000 (last Total Amount Approved by the BCC) Current Contract Amount: $ $100,000 0ncluding All Changes Prior To This Modification) Revised ContractIWork Order Amount: $_0 $_$100,000 (Includi~9 This Change Order) Change Amount: Cumulative Dollar Value of Changes to this ContractIWork Order: $ 0 Date of Last BCC Approval_9/2512007 Agenda l!em # _16F3 Percentage of the change over/under current contract amount Formula: (Revised Amount I Last BCC approved amount)-1 o % CURRENT COMPLETION DATE (S): ORIGINAL: CURRENT: 9/30/2008 Describe the change(s): Remove the "matching funds" language from the current FY 08 grant agreement. Specify the reasons for the change(s) (' 1. Planned or Elective r. 2. Unforeseen Conditions C 3. Quantity Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) r 5. Value Added C 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s), Identify all negative impacts to the project if this change order were not processed: Grantees are not in a financial position to spend a matchina amount of funds on the same proiect reauested in the grant application. These grants are bY reimbursement only meaning that the Qrantee must spend the amount of the approved arant first. followed by a reauest for reimbursement for expenditures that meet the arant requirements. Staffs intent was not to double funds spent by the orantee on the same reouested proiect. This change was requested by: r1ContractorlConsultant rI Owner PI Using Department C CDES CDesign Professional r1Regulatory Agency (SpecifYI r Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r Yes P" No This form is to be signed and dated, ~.'\ ~~ f~- APPROVED BY: ~ =::C~( Project Manager REVIEWED BY: ~.L~ <u JJ C~t Specialist Date: r~f?6r ~1c,l-V<1R' Date: Revised 11.19.2007 Agenda Item N . 16F5 May 1 ,2008 Page 1 . of 26 FIRST AMENDMENT 2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC. This First Amendment to the 2008 Tourism Agreement, made this _ day of , 2008, (hereinafter referred to as "First Amendment"), is entered into by and between Collier County (hereinafter referred to as "COUNTY"), and Southwest Florida Holocaust Museum, Inc. (hereinafter referred to as "GRANTTEE"). WITN E SSE TH: WHEREAS, the COUNTY and GRANTEE entered into a 2008 Tourism Agreement dated September 25, 2007 (the "Agreement") with GRANTEE; and WHEREAS, the COUNTY and GRANTEE desire to further amend the terms of the Agreement. NOW, THEREFORE. in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. Paragraph 2(t) of said Agreement is hereby deleted in its entirety retroactively to the effective date of the Agreement: (f) GRANTEE is required to pay matching funds for the Project in the amoWlt of $100,000 in the form of cash or in.\cind contributions. For each request for funds, GRANTEE shall produce documentation of the cash or in~kind contribution equaling the sum requested. For in.kind contributions, GR..J\NTEE shall provide a letter from the donor which explains the contribution and its value. The cash contribution shall not be less than $75,000. 2. Except as provided herein, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, tbe parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year fIrst written above. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUXTY, FLORIDA , Deputy Clerk By: TOM HENNING, Chainnan Approved as to form and legal sufficiency: Heidi Ashton-Cicko Assistant County Attorney (vB> WITNESSES: (1) Signature Printro'T yped Name (2) Signature PrintedfTyped Name CP:TDC\I- Amend 2008'SWFU1[1loc~useMuseum ,L,genda !1em N 16F5 May -, . 2008 Page i . of 213 GRANTEE: SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC. By: Print Name: Print Title: Agenda Item No. 16F5 May 13, 2008 Page 18 of 26 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: The Conservancv of Southwest Florida, Inc. BIDlRFP #: MOD#: 1 PO#: 4500088192 PROJECT #: _n1a WORK ORDER #: DEPARTMENT: Touri.m CONTRACTOR/FIRM NAME: The Conservancv of Southwest Florida, Inc, Original Contract Amount: $ $32,000 (Starling Point) CUFTent BCC Approved Amount: $_$32,000 (Last Total Amount Approved by the BCC) Current Contract Amount: $ $32,000 0ncluding All Changes Prior To This Modification) Change Amount: $_0 Revised ContractIWork Order Amount: $_$32,000 (Including This Change Order) Cumulative Dollar Value of Changes to this Contracl/Work Order: $ 0 Date of Last BCC Approval_912512007 Agenda Item # _16F3 Percentage of the change over/under current contract amount Formula: (Revised Amount / Last BCC approved amount)-1 o % CURRENT COMPLETION DATE (5): ORIGINAL: CURRENT: 9/30/2008 Describe the change(s): Remove the "matching funds" language from the current FY 08 grant agreement. Specify the reasons for the change(s) r 1, Planned or Elective r.-. 2. Unforeseen Conditions (" 3, Quantity Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) (" 5. Value Added (" 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s), Identify all negative Impacts to the project if this change order were not processed: Grantees are not in a financial position to spend a matchina amount of funds on the same proiect reauested In the arant application. These arants are by reimbursement onlv meanina that the arantee must spend the amount of the approved arant first. followed bv a reauest for reimbursement for expenditures that meet the arant reauirements. Staff's intent was not to double funds spent bv the Qrantee on the same reQuested proiect. This change was requested by: [,:IContractor/Consultant r"I Owner PI Using Department C CDES CDesign Professional C1Regulatory Agency (Specify) r Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: rYes R" No This fonn is to be signed and dated. ~.... J_~' APPROVED BY: ~..?--f Project anager zV,y Date: 0P;~ '1/2~1o% REVIEWED BY: Date: t SpeCialist Revised 11.19.2007 !-\gSrlG3 :tem ~j: 16F5 May 1 c 2008 Page ^ : of 26 FIRST AMENDMENT 2008 TOURISM AGREEMENT BETWEEN COLLIER COU:>ITY A:>ID THE CONSERVANCY OF SOUTHWEST FLORIDA, INC. This First Amendment to the 2008 Tourism Agreement, made this ~ day of , 2008, (hereinafter referred to as "First Amendmene'), is entered into by and bctween Collier County (hereinafter referred to as "COUNTY"), and The Conservancy of Southwest Florida, Inc. (hereLnafter referred to as "GRANTTEE"). W I TN ES SETH: WHEREAS, the COUNTY and GRAl\'TEE entered into a 2008 Tourism Agreement dated September 25,2007 (the "Agreement") WIth GRANTEE; and WHEREAS, the COUNTY and GRANTEE desire to furthcr amend the terms of the Agreement. NOW, THEREFORE, in cGIHllderation -.of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. Paragraph 2(t) of said Agreement is hereby deleted in its entirety retroactively to the effective date of the Agreement: (f) GRANTEE is required to pay matching funds for the Project in the amount of $32,000 in the fonn of cash or in-kind contribu.tions. For each request for funds, GRANTEE shall produce documentation of the cash or in-kind contribution equaling the sum requested. For in-kind contributions, GRA...NTEE shall provide a letter from the donor which explains the contribution and its value. The cash contribution shall not be less than $24,000. 2. Except as provided herein, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: TOM HENNING, Chairman Approved as to fonn and legal sufficiency: __m__c_~ Heidi Ashton-Cicko Assistant County Attorney ____I Agenda Item N 16F5 May 1, 2008 Page 2 of 26 ~ WITNESSES: (I) signature GRANTEE: THE CONSERVANCY OF SOUTHWEST FLORIDA, INC. PrintedfTyped Name By: Print Name: (2) signature Print Title: PrintedIT)ped Name CP:TDC\]. A~d 2008\Conser'\'ancy-SWFl ,6,gen~ja 1;8111 r'~O. "15F5 rviay 13, 2008 Pa'28 21 8f 26 I I CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM BIDIRFP #: MOD#: 1 PO#: 4500088013 PROJECT #: _nla WORK ORDER #: PROJECT NAME: Naples Zoo, Inc. DEPARTMENT: Tourism CONTRACTOR/FIRM NAME: Nanles Zoo Inc, Original Contract Amount: $ _$121,000 (Starting Point) Current BCC Approved Amount: $ $121,000 (last Total Amount Approved by the BCC) Current Contract Amount: $_$121,000 (Including All Changes Prior To This Modification) Change Amount: Revised ContractlWor1< Order Amount: $_0 $_$121,000 (includinJ! This Changa Order) Cumulative Dollar Value of Changes to this ContractlWork Order: $ 0 Date of Last BCC Approval_9/2512007 Agenda Item # _16F3 Percentage of the change over/under current contract amount Formula: (Revised Amount I last BCC approved amount)-l o % CURRENT COMPLETION DATE (S): ORIGINAL: CURRENT: 9/30/2008 Describe the change(s): Remove the "matching funds" language from the current FY 08 grant agreement. Specify the reasons for the change(s) r 1. Planned or Elective r. 2. Unforeseen Conditions r 3, Quantity Adjustments r: 4. Correction of Errors (Plans, Specifications or Scope of Work) r 5, Value Added r 6. Schedule Adjustments Note: One or more may be checkecl, depending on the nature of the change(s), Identify all negative impacts to the project If this change order were not processed: Grantees are not In a financial position to spend a matchina amount of funds on the same proiect reauested in the arant application. These arants are bv reimbursement onlv meanina that the arantee must seend the amount of the aeproved arant first. followed bv a reouest for reimbursement for expenditures that meet the arant reauirements, Staff's intent was not to double funds spent bv the arantee on the same reauested proiect, This change was requested by: rlContractorlConsultant rl Owner (:'1 Using Department C CDES C.Oesign Professional r1Regulatory Agency (Specify) r Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r Yes 17 No This form is to ~dated, APPROVED BY ~ c;c;..~;:::r- proJec anager ( REVIEWED BY' ~~ I >>/ ~ Con t Specialist Date: ,0-J/o:? tj./~.:570o , Date: Revised 11.19.2007 Agenda Item No 16F5 May 13 2008 Page 2 of 26 FIRST AMENDMEl'\T 2008 TOURISM AGREEMENT BETWEEN COLLIER COUXfY AND THE NAPLES ZOO, INC. This First Amendment to the 2008 Tourism Agreement, made this ~ day of , 2008, (hereinafter referred to as "First Amendment"), is entered into by and between Collier County (hereinafter referred to as "COUNTY"), and The Naples Zoo, Inc. (hereinafter referred to as "GRANTTEE"). WITNE S SETH: WHEREAS, the COUNTY and GRANTEE entered into a 2008 Tourism Agreement dated September 25,2007 (the "Agreement") with GRANTEE; and WHEREAS, the COUNTY and GRANTEE desire to further amend the terms of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth. the parties agree as follows: 1. Paragraph 2(f) of said Agreement is hereby deleted in its entirety retroactively to the effective date afthe Agreement: (f) GRANTEE is required to pay matching funds for the Project in the amount of $121,000 in the form of cash or in-kind contributions. For each request for funds, GRANTEE shall produce documentation of the cash or in-kind contribution eq'uaIlng the sum requested. For in-kind contributions, GRANTEE shall provide a letter from the donor which explains the contribution and its value. The cash contribution shall not be less than $90,750. 2. Except as provided herein, the Agreement shall remain in full force and effect. IN WITNESS \VHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: TOM HEN'-IING, Chairman Approved as to form and legal sufficiency: Heidi Ashton-Cicko Assistant County Attorney @ .i",g~nja item f\!o 16F5 May 'i3 2008 Pa-Je 2 of 26 WITNESSES: (1) signilnu-e GRA:-;TEE: THE :-;APLES ZOO, rNC. PrintedITyped Name By: Print Name: (2) Print Title: signnture PrintedITyped "ame CP,TDClj" A~lId 100B\Nallb Zoo .l\genda Item No. 16F5 May 13, 2008 Page 24 of 26 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: United Arts Council of Collier County, Inc. PROJ ECT #: nla BID/RFP #: MOD#: 1 PO#: 4500088055 WORK ORDER #: DEPARTMENT: Tourism CONTRACTOR/FIRM NAME: United Arts Council of Collier County. Inc. Original Contract Amount: $ $21,500 (Starting Point) Current Bee Approved Amount: $ $21 ,500 (Last Total Amount Approved by the BCC) $ $21.500 (Including Ali Changes Prior To This Modification) Current Contract Am oLlnt Change Amount $_0 Revised ContracllWork Order Amount: $ $21,500 (Including This Change Order) Cumulative Dollar Value of Changes to this ContracllWork Order: $ 0 Date of Last BCC Approval 9/25/2007 Agenda Item # 16F3 Percentage of the change over/under current contract amount Formula: (Revised Amount I Last BCC approved amount)-1 o % CURRENT COMPLETION DATE (S): ORIGINAL: CURRENT: 9/30/2008 Describe the change(s): Remove the "matching funds" language from both the current FY 08 grant agreement. Specify the reasons for the change(s) r 1, Planned or Elective r. 2, Unforeseen Conditions r 3, Quantity Adjustments (', 4. Correction of Errors (Plans, Specifications or Scope of Work) (' 5, Value Added ('. 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s), Identify all negative Impacts to the project if this change order were not processed: Grantees are not in a financial position to spend a matchinQ amount of funds on the same proiect requested in the Qrant application. These Qrants are bv reimbursement on'v mean in a that the grantee must spend the amount of the approved Arant first. followed bv a request for reimbursement for expenditures that meet the arant reaulrements, Stsff's Intent was not to double funds spent bv the grantee on the same reauested prolect. this change was requested by: r1Contractor/Consultant rI Owner PI Using Department C CDES rOes;gn Professional C1Regulatory Agency (Specify) rOther (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: ryes P" No This form is to be signed and dated. APPROVED BY: ~~~ Project Manager Date: t.f 140 F I Date: <<,Ie} q7o/T REVIEWED BY: Revised 11.19.2007 /\:J9nja Item hio. : 6 5 '" May 13, 20 8 Page 25 of 6 FIRST AMENDMENT 2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. This First Amendment to the 2008 Tourism Agreement, made this _ day of , 2008, (hereinafter referred to as "First Amendment"), is entered into by and between Collier County (hereinafter referred to as "COUNTY"), and United Arts Council of Collier COlUlty, Inc. (hereinafter referred to as "GRANITEE"). W ITNE SS ETII: WHEREAS, the COUNTY and GRA.NTEE entered into a 2008 Tourism Agreement dated September 25, 2007 (the" Agreement") with GRANTEE; and \VHEREAS, the C01)NTY and GRANTEE desire to further amend the terms of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenant" hereinafter set forth, the parties agree as follows: 1. Paragraph 2(f) of said Agreement is hereby deleted in its entirety retroactively to the effective date of the Agreement: (1) GR<\NTEE is required to pay matching funds for the Project in the amount of $21,500 in the form of cash or in-kind contributions. For each request for funds, GRANTEE shall produce documentation of the cash or in-kind contribution equaling the swn requested. For in-kind contributions, GRA~TEE shall provide a letter from the donor which explains the contribution and its value. The cash contribution shall not be less than $\6,125. 2. Except as provided herein, the Agreement shan remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman , Deputy Clerk Approved as to form and legal sufficiency: ~ Heidi Ashton-Cicko Assistant County Attorney WITNESSES: (I) signature Printedffyped Name (2) Signature PrintedITYJX:d Name CP:TOOI" Amend 2008 Unite\! Arts Council .l\genda Item r"o.16F5 May 13,,2008 Page 26 01 26 GRANTEE: UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. By: ~__ MERLIN LICKHAL TER, President