Agenda 05/11/2010 Item #16G 3
Agenda Item No. 16G3
May 11, 2010
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation to the Collier County Board of County Commissioners (BCC) acting as the
Community Redevelopment Agency (CRA) to authorize its Chairman to sign an Agreement
between the CRA and the Eastern Collier Chamber of Commerce.
OBJECTIVE: To obtain authorization for the CRA Chairman to sign an Agreement between the CRA
and the Eastern Collier Chamber of Commerce (ECOC), which states the terms for reimbursement of
expenditures by the CEOC incurred for the 50th Annual Harvest Festival including: event coordinator
fees, advertising, music and entertainment, parade permits, security, prizes, beverages, tents, tables and
chairs, and photographer, in an amount not to exceed $43,875.00.
CONSIDERATIONS: On August 19,2009, the CRA Advisory Committee voted unanimously to
recommend to the CRA Board funding up to $50,000 for the Harvest Festival. The ECOC written
proposal was submitted to the CRA Advisory Committee on February 17, 2010. With abstentions by
five members who also serve on the ECOC Board, the CRA Advisory Committee voted to recommend
the proposal to the CRA Board for funding.
On March 9, 2010, the Collier County BCC acting as the CRA approved a grant request from the
ECOC for funding totaling $43,875.00 to cover expenses associated with the 50th Annual Harvest
Festival that occurred on March 20, 20 10.
FISCAL IMPACT: The fiscal impact associated with this recommendation is $43,875.00 to be paid
from Immokalee CRA Fund ] 86.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is
legally sufficient for Board action.-SRT.
GROWTH MANAGEMENT IMPACT: The 50th Immokalee Harvest Festival furthers the programs
and projects within the budgetary and policy guidance and directives of the CRA and the BBC in
furtherance of Policy 4.2 of the Future Land Use Element of the Growth Management Plan which
reads as follows: "The Immokalee Area Master Plan addresses conservation, future land use,
population, recreation, transportation, housing. and the local economy. Major purposes of the Master
Plan are coordination of land uses and transportation planning. redevelopment or renewal of blighted
areas and the promotion of economic development."
RECOMMENDATION: Recommendation that the Collier County Board of County Commissioners,
acting as the Community Redevelopment Agency, authorize its Chairman to sign the attached
Agreement between the CRA and the Eastern Collier Chamber of Commerce.
PREPARED BY: Penny Phillippi, Executive Director, Immokalee CRA
Attachment: Agreement between CRA and the Ecoe
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16G3
May 11, 2010
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G3
Recommendation to the Collier County Board of County Commissioners (BCC) acting as the
Community Redeveiopment Agency (CRA) to authorize its Chairman to sign an Agreement
between the Immokalee CRA and the Eastern Collier Chamber of Commerce.
5111/20109:00:00 AM
Date
Prepared By
Penny Phillippi
lmmokalee County
Redevelopment Agency
Executive Director, Immokalee eRA
Immokalee County Redevelopment
Agency
4/23/20102:24:03 PM
Penny Phillippi
Date
Approved By
Immokalee County
Redevelopment Agency
Executive Director, Immokalee eRA
Immokalee County Redevelopment
Agency
4/26/20109:37 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
4/26/20109:49 AM
Date
Approved By
Scott R, Teach
County Attorney
Deputy County Attorney
County Attorney
4/29/201010:48 AM
Date
Approved By
Jeff Klatzkow
County Attorney
4/29/20104:15 PM
Date
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
4/30/20105:50 PM
Agenda Item No. 16G3
May 11 , 2010
Page 3 of 11
AGREEMENT BETWEEN
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND THE
GREATER EASTERN COLLIER COUNTY CHAMBER OF COMMERCE, INC.
GRANT FUNDS AGREEMENT
THIS AGREEMENT ENTERED this _ day of , _ 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 THE GREATER
EASTERN COLLIER COUNTY CHAMBER OF COMMERCE, INC., a Florida not-for-profit
corporation ("GRANTEE").
WHEREAS, during the March 9, 2010 regular meeting of the CRA the CRA authorized
the commitment of$43,875 by the Immokalee CRA toward the 50th Annual Harvest Festival in
Immokalee by the GRANTEE, to be distributed through a reimbursement process contingent
upon delivery of a receipts for expenditures as detailed in the project budget; and
WHEREAS, the CRA is desirous of providing funding toward the 50th Annual Harvest
Festival for specific line items to include: event coordinator, music/entertainment, advertising,
beverage salelice, sanitation, stage, prizes/activities, and parade not to exceed forty three
thousand, eight hundred and seventy- five dollars;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget,
attached hereto as Exhibit "A." GRANTEE shall expend the funds to facilitate an event
coordinator, music/entertainment, advertising, beverage sale/ice, sanitation, stage,
prizes/activities, and parade for the 50th Annual Celebration of Cultures.
2. PAYMENT:
(a) The an10unt to be paid under this Agreement shall be a total of forty three
thousand. eight hundred and seventy-five dollars ($43.875.00). GRANTEE shall be paid in
accordance with fiscal procedures of the 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 "C" and made a part hereof, and shall submit invoices and proof of payment in the form
of cancelled checks or other documentation to the Executive Director of the Immokalee CRA,
310 Alachua Street. Immokalee, Florida or her designee for review and upon verification by
Agenda Item No. 16G3
May 11, 2010
Page 4 of 11
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 or her designee shall determine 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 "A" shall constitute authorization for the expenditure[ s] described in the
invoice[s].
(c) All expenditures shall be made in conformity with this Agreement.
(d) The CRA shall not pay GRANTEE until the Clerk of the Board of County
Commissioners 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 the attached "Exhibit A."
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in Paragraph One (1) will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between the effective date
and July 31,2010.
(c) Any expenditures paid by COUNTY which are later deemed to be ineligible
expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request
to repay said funds.
(d) COUNTY 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.
4. INSURANCE:
(a) GRANTEE shall submit a Certificate ofInsurance naming Collier County, and its
Board of County Commissioners and the Community Redevelopment Agency as additional
insureds.
(b) The certificate of insurance must be valid for the duration of this 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:
BODIL Y INJURY LIABILITY $300,000 each claim per person.
PROPERTY DAMAGE LIABILITY $300,000 each claim per person.
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Agenda Item No. 1683
May 11, 2010
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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 or her designee within ten (10) days of the approval of this Agreement by the CRA.
5. REPORTING REOUIREMENTS:
(a) GRANTEE shall provide to County a Final Status Report on the form attached
hereto as Exhibit "B" no later than July 31, 20 I O.
(c) The report shall identifY the amount spent, the duties performed, the services
provided and the goods delivered since the previous reporting period.
(d) GRANTEE shall take reasonable mcasures to assure the continued satisfactory
performance of all vendors and subcontractors.
(e) COUNTY may withhold any interim or fmal payments for failure of GRANTEE
to provide the final status report until the County 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 (I).
(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors 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 shareholdcrs.
(d) COUNTY may. in its discretion. object to the reasonableness of expenditures and
require payment if invoices have been paid under this Agrecment for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
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 cxtent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
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Agenda Item No. 16G3
May 11, 2010
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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 COUNTY 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:
Richard Rice
Executive Director
1300 N. 15th Street, Suite 2
1mmokalee, FL 34142
239.657.3237
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
served if mailed by registered or certified mail to the COUNTY to:
Penny Phillippi
Executive Director
310 Alachua Street
Immokalee, FL 34142
239.252.2310
Fax: 239.252.3970
The GRANTEE and the COUNTY 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 COUNTY 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
COUNTY.
10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all
matters pertaining to this Agreement and shall provide all information and documentation
requested by the COUNTY from time to time pertaining to the use of any funds provided
hereunder.
II. TERMINATION:
(a) The COUNTY 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 COUNTY terminates this Agreement. the COUNTY will pay the
GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with
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Agenda Item No. 16G3
May 11, 2010
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subcontractors and vendors, up to the effective date of the termination so long as such expenses are
eligible.
12. GENERAL ACCOUNTING: 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 information pertaining to work performed under this Agreement
for a period of three (3) years. GRANTEE agrees that the COUNTY, 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. PROHIBITION 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
COUNTY.
15. TERM: This Agreement shall become effective on the latest date signed and shall
remain effective until July 31, 2010. If the projcct is not completed within the term of this
agreement. all unreleased funds shall be retained by the COUNTY. Paragraph 7,
Indemnification, and other provisions herein that may require performance subsequent to the
foregoing termination date shall remain in full force and effect pending performance.
16. EV ALUATION 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 or his designee, along with a final budget analysis by July 31.
2010.
17. REQUIRED NOTATlQN: All promotional literature and media advertising must
prominently list and/or identify the Collier County Community Redevelopment Agency as event
sponsors.
18. AMENDMENTS: This Agreement may only be amended by mutual written
agreement of the parties, after review by the Collier County Community Redevelopment Agency.
IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an
authorized person or agent, hereunder sct their hands and seals on the date and year first above
written.
5
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency
County Attorney
WITNESSES:
(1)
Printed/Typed Name
(2)
Printed/Typed Name
Agenda Item No. 16G3
Mayl1,2010
Page 8 of 11
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY (CRA)
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, Chairman
GRANTEE:
THE GREATER EASTERN COLLIER COUNTY
CHAMBER OF COMMERCE
BY:
Printed/Typed Name
Printed/Typed Title
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Agenda Item No. 16G3
May 11, 2010
Page 9 of 11
EXHIBIT "A"
The Greater Eastern Collier County Chamber of Commerce
Project Budget
Fundin!! (Not to Exceed) $43. 875
Item Request
Event Coordinator 2,500
Music / Entertainment 11,000
Advertising: Posters, Flyers, Banners, Radio, Newspaper, Television, 12,000
Signs and Banners, Web site
Beverage for Sale/Ice 3,375
Sanitation 3,000
Stage 5,000
Prizes/Activities 3,000
Parade (Permits/Deputies/Prizes) 1,000
Photogra pher /Videotogra pher 3,000
Total $43,875
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Agenda Item No. 16G3
May 11, 2010
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EXHIBIT "B"
Collier County Community Redevelopment Agency
Final Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
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On an attached sheet. answer the followinQ Questions for each element in your
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. (Have all vendors been paid?)
List the vendors that have been paid, if not, 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?
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Agenda Item No. 16G3
May 11, 2010
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EXHIBIT "C"
REQUEST FOR FUNDS
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON
REQUEST PERIOD
FROM
TELEPHONE (
TO
REQUEST#
( ) FINAL REPORT
TOTAL CONTRACT AMOUNT $
EXPENSE
BUDGET
REIMBURSEMENT REQUESTED
TOTALS
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.
Each additional request for payment subsequent to the first request, Grantee is required to submit
verification in writing that all subcontractors and vendors have been paid for work and materials
previously performed or received prior to receipt of any further payments,
If 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 County 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.
SIGNATURE
TITLE
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