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Agenda 09/14/2010 Item #16B 2 EXECUTIVE SUMMARY Agenda Item No. 16B2 September 14,2010 Page 1 of 4 Recommendation to the Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) to approve an Amendment to the previously approved Grant Agreement between the CRA and The Greater Eastern Collier County Chamber of Commerce, Inc. (ECOC), attached hereto as Exhibit" A" OBJECTIVE: Request that the Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) approve an Amendment to the previously approved Grant Agreement between the CRA and The Greater Eastern Collier County Chamber of Commerce, Inc. (ECOC), attached hereto as Exhibit "A." 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 May 11, 2010. the CRA Board entered into a funding Agreement with ECOC to provide reimbursement grant funding for ECOC expenditures related to the Harvest Festival in the amount of $43,875.00. The attached Amendment to Agreement is necessary to allow for reimbursement for actual expenses incurred by the ECOC in connection with the Harvest Festival. The parties entered into the original Agreement after the date the Harvest Festival took place. Because the Agreement allowed reimbursement for eligible expenses incurred after the effective date of the Agreement, it prevented payment for actual expenses incurred in connection with the March 20, 2010, Harvest Festival. Appropriate revisions have been made to the Amendment to Agreement to allow for reimbursement to the ECOC as intended by the CRA. FISCAL IMPACT: This action is only to make minor changes to the previously approved Agreement. Therefore, this change by and of itself will have no fiscal impact on the County. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action-SRT. RECOMMENDATION: Recommend that the BCC approve the attached Amendment to the previously approved Grant Agreement between the CRA and The Greater Eastern Collier County Chamber of Commerce, Inc. (ECOC), attached hereto as Exhibit "A." PREPARED BY: Bradley Muckel, Project Manager Immokalee Community Redevelopment Agency (CRA) Item Number: Item Summary: Meeting Date: Agenda Item No. 1682 September 14, 2010 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B2 Recommendation to the Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) to approve an Amendment to the previously approved Grant Agreement between the CRA and The Greater Eastern Collier County Chamber of Commerce, Inc. (ECOC) to allow for reimbursement for actual expenses incurred in connection with the Harvest Festival. 9/14/20109:00:00 AM Prepared By Bradley Muckel Immokalee County Redevelopment Agency Project Manager Immokalee County Redevelopment Agency Date 8/19/20104:05:59 PM Approved By Bradley Muckel Immokalee County Redevelopment Agency Project Manager Immokalee County Redevelopment Agency Date 8/19/20104:02 PM Approved By Penny Phillippi Immokalee County Redevelopment Agency Executive Director, Immokalee CRA Immokalee County Redevelopment Agency Date 8/27/20108:35 AM Approved By OMB Coordinator County Manager's Office Date Office of Management & Budget 8/31/201012:59 PM Approved By Scott R. Teach County Attorney Deputy County Attorney Date County Attorney 9/2120103:11 PM Approved By Jeff Klatzkow County Attorney Date Approved By 9/3/20101:42 PM Therese Stanley Office of Management & Budget Manager - Operations Support - Trans Date Office of Management & Budget 9/3/20104:33 PM Approved By Leo E. Ochs, Jr. County Managers Office County Manager Date County Managers Office 9/5/20107:01 PM Agenda Item No. 1682 September 14, 2010 Page 3 of 4 AMENDMENT TO AGREEMENT TInS AMENDMENT TO AGREEMENT is entered into this 14th day of September 2010, between the Collier County Community Redevelopment Agency, 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"). WITNESSETH WHEREAS, on May 11, 2010, the CRA and GRANTEE entered into an Agreement wherein the CRA agreed to provide funding up to the amount of forty three thousand, eight hundred and seventy-five dollars ($43,875.00) from the ImmokaIee CRA for expenditures incurred by the GRANTEE for coordinating, staging and facilitating the 50th Annual Harvest Festival in Immokalee (the "Harvest Festival"); and WHEREAS, the Harvest Festival took place on March 20, 2010- prior to the execution of the Agreement; and because the invoices submitted for reimbursement from the GRANTEE predate the execution of the Agreement, it is necessary to amend the Agreement so that properly documented expenses incurred by the GRANTEE may be reimbursed consistent with the original intent of the parties. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree to amend the original Agreement as follows: 1. All references to "COUNTY" in the Agreement shall be revised to read "CRA. " 2. Page Two, Numbered Paragraph 3(b) of the Agreement shall be revised as follows: (b) CRA COUNTY agrees to pay eligible expenditures incurred bet\\<een the effective date aad Jwy 31, 2010 by GRANTEE in connection with the March 20,2010, 50th Annual Harvest Festival event. 3. Page Five, Numbered Paragraph 15 of the Agreement shall be revised as follows: 15. TERM: This Agreement shall become effective on the latest date signed and shall remain effective until laly 31, 2010 September 30< 2010. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY eRA. 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. 1 Agenda Item No. 1682 September 14,2010 Page 4 of 4 IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement on the date set forth above, with the intention to attach this Amendment to the original Agreement. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal ~ciencY @ Scott R. Teach, Deputy County Attorney WIlNESSES: (1) Printed/Typed Name (2) PrintedITyped Name COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman GRANTEE: THE GREATER EASTERN COLLIER COUNTY CHAMBER OF COMMERCE BY: PrintedITyped Name PrintedITyped Title 2