Backup Documents 03/10/2015 Item #11F ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
fpuii
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 1
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Jace Kentner Business and Economic JK 3.10.15
Development
2. County Attorney Office County Attorney's Office 2-> 3 I to I►5
3. BCC Office Board of County b
Commissioners 5 3`V7—VS
4. Minutes and Records Clerk of Court's Office "3\ )-
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jace Kentner Phone Number 252-4040
Contact/ Department
Agenda Date Item was 2.24.13 `v::›\`c Agenda Item Number 11.F
Approved by the BCC
Type of Document First Amendment to Agreement Between Collier County Number of Original 1
Attached and Economic Incubators, Inc. Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signatur- TAMP IS OKAY JK
2. Does the document need to be sent to another agency for ,dditional signature f yes, N/A
provide the Contact Information(Name;Agency; Address, 'hone)on .' . ached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 3/10/15 and all changes made during the JAB
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the F JAB
BCC, all changes directed by the BCC have been made, and the document is ready for e
Chairman's signature. at-
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
11F
MEMORANDUM
Date: March 12, 2015
To: Jace Kentner
Office of Business & Economic Development
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: First Amendment to Agreement w/Economic Incubators,
Inc.
Attached, for your records is one (1) copy of the document referenced above,
(Agenda Item #11F) adopted by the Board of County Commissioners on
Tuesday, March 10, 2015.
The original is being held in the Minutes & Records Department in the
Board's Official Records.
If you should have any questions, please call 252-8411.
Thank you.
Attachment
hF
FIRST AMENDMENT TO
AGREEMENT BETWEEN COLLIER COUNTY,FLORIDA
AND
ECONOMIC INCUBATORS,INC.
This AGREEMENT is made and entered into as of this 10th day of March, 2015, by
and between COLLIER COUNTY, a political subdivision of the State of Florida (the
"COUNTY" or "Fiscal Agent") and ECONOMIC INCUBATORS, INC., a Florida not-for-
profit corporation ("EII" or"Administrative Entity").
WITNESSETH
WHEREAS, on November 18, 2014, Agenda Item 11 C, the Board of County
Commissioners approved an agreement between the County and EII (the "Agreement")
designating EII as the Administrative Entity for the Accelerator Project, effective October
1, 2014;
WHEREAS, the Grant agreement approval process, was delayed as result of
implementation of new state grant policy requirements, and updated construction
completion estimates for the Eastern Commercial Culinary Kitchen in Immokalee have
caused the County to actively seek adjustment of the project schedules;
WHEREAS, EII's current contract with Collier County is scheduled to end in
September 2015, therefore EII is unable to enter into a multi-year lease to secure viable
space for the duration of the Accelerator Project;
WHEREFORE, the County will be the leaseholder and responsible for rent
payments which requires adjusting EII's shortened budget cycle and the reduction of
related rent and expenses;
WHEREAS, the parties wish to amend the Agreement as stated below.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree to amend the Agreement as set forth below.
1. Exhibit B, Method of Payment, of the Agreement is hereby amended by
replacing it in its entirety as it is attached hereto.
2. Exhibit C, Request for Payment Form, of the Agreement is hereby amended by
replacing it in its entirety as it is attached hereto.
3. Exhibit D, Project Activity Report of the Agreement is hereby amended by
replacing it in its entirety as it is attached hereto.
it?1
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4. Exhibit G, Roles and Responsibilities of Administrative Entity, of the
Agreement is hereby amended by replacing it in its entirety as it is attached
hereto.
5. Exhibit H, Roles and Responsibilities of Fiscal Agent, of the Agreement is
hereby amended by replacing it in its entirety as it is attached hereto.
6. Except as modified by this First Amendment, all other terms and conditions of
the Agreement shall remain in full force and effect. If there is a conflict
between the terms of this First Amendment and the Agreement,the terms of this
First Amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this First Amendment to
Agreement on this 10th day of March, 2015, with the intention to attach this First
Amendment to the original Agreement.
AS TO THE COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk COLLIER COUNTY, FLORIDA
• ef,a4fGe_.
By. .s By:
es as to
,rth,apianNerk Tim Nance, Chairman
Approvia&as to form and legality:
6-;
Belpedi -C;t1
Assistant County Attorney 12 -
AS TO ADMINISTRATIVE ENTITY:
ECONOMIC INCUBATORS, INC.,
a Florida not-for-profit c• poration
W ITN ES
4111t
By:
Jo •ph Paterno, Vice President
WITNESS
2
11F
EXHIBIT B
METHOD OF PAYMENT
FY2014 FY2015
ADMINISTRATIVE ENTITY: Economic Incubators, Inc.
PROGRAM: Collier Soft Landing Accelerator/Incubator Strategy
Payment to Ell shall be on a reimbursement basis. Reimbursement will be in accordance with
the approved budget and subject to receipt of a completed Request for Payment Form, Exhibit
C, along with documentation substantiating the expenditure of funds in accordance with this
Agreement. Payment Form Exhibit C, requests for reimbursement, shall be-aligned by budget
line item. Other supporting documentation as may be required to comply with Grant
requirements. On a quarterly basis the Program Activity Report,Exhibit D will be provided.
Reimbursement requests will be submitted on a monthly basis. Reimbursement requests will
be submitted by the 15th day of the month to the Clerk's Finance and Office of Business &
Economic Development, for the immediately preceding month. Reimbursement request
submittals complying and conforming to this agreement's requirements will be processed in an
expeditious manner in accordance with provisions of the Local Government Prompt Payment
Act. Spending by category may not be exceeded without prior written approval of the County
Manager.
Contract/Budget Amount: For the contract period commencing on October 1, 2014, through
September 30, 2015,the contract amount and budget are as follows:
Budget Category Amount
Personnel Costs: (salaries,payroll taxes,fringe benefits,and other payroll 257,945 456,131
related costs)
Director,Administrative Assistant,Web Developer Social Media Marketer,Director,Regional Global Soft Landing
Eastern Collier/Immokalee Leases/Both Projects Facilities &Equipment: 123,662 207 7-40
Insurance: 42,150 40
IT/Web/Communications/Software/Utilities: I27,305 179,915
Professionals Services: (Includes but not limited to 86,750 48,025
Legal,Auditing,Mentoring,Marketing,and Compliance)
Travel, Conferences & Education: 15,060 23,035
Supplies and Miscellaneous Costs: (Includes but is not limited to general 30,133
office and operating supplies,postage,shipping,printing&publishing,bank
charges,dues,subscriptions,background checks,drug screening,safety
inspections,operating licenses and permits and any other expenses that do not
otherwise fit into another budget
category)
Accelerator Improvements & Electronic Equipment: (including but not 450,000
limited to planning,design,engineering,permits, licenses,computers,servers,
printers,copiers,scanners,telecommunication,conferencing equipment,standard
&multi-functional office furniture&fixtures,modular work&quiet areas,
delivery,set-up,installation,service&warranties,all relevant taxes,&other
systems&equipment as needed&leasehold improvements)
Administrative Entity Fee: 50,000
Total Contract Amount 1,183,005 1,480,929
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Overall Year One Accelerator Program Budget: In the first year of the Accelerator Program,
two Accelerator Incubator-sites will be established,managed, staffed and operated. Establishing
the Western Collier County site including leasehold improvements, equipment, and furniture
and fixtures will be the responsibility of EII. Establishing the Immokalee site including related
improvements and equipment will be the responsibility of County staff. Ell will be responsible
for managing, staffing and operating both sites.
Expenditures Amount
EII:Western Collier Accelerator Incubator establishment as well as management,
staffing and operations for both sites:: Director,Administrative Assistant,Web Developer Social
Media Marketer,DirevReemrr,Regional Global Soft Landing Specialist,Maintenance Specialist,Director of Facilities&
Compliance,and Interns 1,183.005 1,180,929
County: Immokalee Culinary Accelerator Incubator establishment and Contract 1,240,000
Management
County: Accelerator Incubator pilot phase(FY14)management,operations and
preliminary Immokalee Accelerator Meatef site selection&feasibility analysis 70,000
County:Accelerator Rent Budget&Funding Balance 297,924
Total Expenditures 2,790,929
Revenue/Sources
State Department of Economic Opportunity Collier Accelerator Incubator Grant 2,500,000
County Contribution $290,929
Total Revenue/Sources $2,790,929
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EXHIBIT C
REQUEST FOR PAYMENT FORM
COLLIER COUNTY ECONOMIC DEVELOPMENT DEPARTMENT
ADMINISTRATIVE ENTITY: Economic Incubators, Inc.
PROJECT: Collier Soft Landing Accelerator/Incubator Strategy
REQUEST NUMBER: MONTH: AMOUNT: $
FINANCIAL STATUS REPORT
Annual E>penditu.., es Remaining i
Current
too Budget,Category .' Budge.t.._ Request; YID Request Balance
I Personnel Costs:: Director,Administrative 257,945 456,131
Assistant,Web Design Developer&Social
Media Marketing,Director,Regional Global
Soft Landing Specialist,Maintenance
Specialist,Director of Facilities&
Compliance,and Interns
2 Lease/Fac/Equip 123,662 207,111
3 Insurance 42.150 36,550
4 IT/Web/Com/Util 127,305 179,915
5 Professional Services 86,750 48,025
6 Travel/Conf/Education 15,060 23,035
7 Supplies 30,133
8 Accelerator Facilities 450,000
Sub-Total Grant Eligible 1,133,0051,430,92
9 Fixed Admin Fee(County Funded) 50,000
Total 1,183,0054-480392
certify that the service covered by this request have been provided to COUNTY in accordance with the
terms and conditions of the Agreement and that the documentation provided in the attached Project
Activity Report is true, accurate,and complete.
Authorized EII Signature Title Date
FOR COUNTY USE ONLY
INDEX CODE DOCUMENT#
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SUB OBJECT P.O.# APPROVED:
I verify that Collier County has received the goods and/or services.
TYPE OF REVIEW APPROVED DATE
FISCAL
PROGRAMMATIC
Bruce C. Register,Director,Economic Development
COMMENTS:
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INSTRUCTIONS FOR
REQUEST FOR PAYMENT FORM
1. General:
When requesting payment, Ell must fill in the appropriate information accurately and within the
approved budget areas designated, accompanied by documentation substantiating payments or
expenses, and a Project Activity Report, if applicable. Duplicate the form and complete for
each payment requested. if additional forms are needed, contact the Economic Development
Department.
2. Organization:
Provide the operational title of EII as it appears on your Agreement.
3. Program:
Provide the title of the program or general service area as contracted.
4. Request Number/Month(s)/Amount:
Provide the number of this request. Starting with number one for the first request of the
Agreement period and continue sequentially until the final request is made. Indicate month(s)
included with request. (Indicate the "number" and "final" when making the last request for
payment). The amount of this request must be equal to the Current Expenditure total under the
Financial Status Report section.
5. Financial Status Report:
a) Budget Categories: These are the only categories in which costs can be incurred and payment
requested and approved.
b)Total (Annual)Approved Budget: Provide the amount in each column that is the maximum
of allowable expenses under the terms of the Agreement.
c) Expenditures:
1. Current Request: Provide reimbursable dollar amounts which are being submitted in this
request for the current period. Make entries only in lines containing an approved budget
amount, as costs incurred in other than budgeted categories will not be allowed. Attach
back-up documentation of any and all expenses incurred during the current period.
2. Year to Date(YTD) Request: Provide a total amount of all funds requested to date and
include the amount of this request. (This amount will be the previous "Year to Date" total
plus the"Current"period request.)
d) Remaining Balance: Provide the total balance of funds available in each line item where an
approved budget amount appears. (This amount will be the Total Approved Budget minus
the Expenditures year to date (YTD). This figure cannot be a negative. Payment from any
budget category cannot exceed the amount in the approved budget, unless modified within
the terms of this Agreement.
e) Authorized EII Signature: Provide the signature of a person within EII, duly authorized to
sign for, or obligate EII certifying the goods and/or services rendered under this request were
provided as contracted.
f) Title: Provide the official Ell/organization title of the person signing the request (i.e.,
Chairman,Treasurer,Director,etc.).
g) Date: Provide the date that the signature was affixed in e. above.
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EXHIBIT
C-4
N Budget -
�. Caiegttry - Description First,:}ear Budj of-
Salaries: Director,Administrative Assistant,Web Design Developer&Social Media Marketing,Director,
1. Fersorinel Cost Regional Global Soft Landing Specialist,Maintenance Specialist,Director of Facilities&Compliance,and Interns 22142 381,505
Taxes 16,871 29,185
Taxes-State 11 411 1,757
W/C-LE 5 236 961
Group Insurance 13 885 42,723
Personnel Coal
257,945 5 i
2 Lease/Fac/Egiiip Bldg rep&mnt 8 87 4 4-57300
Equipment lease 17.040 7,1-40
Facilities expense 23.6644&,800
Leases 40.009-1-I-6,300
Equip rep&flint 3 550 6420
Equipment-ff-ofT-it (not capital) 30,525 21,250
LTnt 1 aclEq- 123.662"207,110;
3 Insurance Insurance-bldg/equip 29,400 23400
Insurance-liability/external w/e 12.750 4-2,750
Insurance Total' - . 424'15036 6O
1T/S'1eb/Cons/Uti
4 1 Backup services 2.219 3,825
Cloud services 10,200
Communications-cell 0
Communications-data 40,800
Communications-voice 9.180
Disposal 0 k2,750
Help desk-outsourced 15.530 26,775
It/web outsourced 12325 230
Software/virus 5,525
Utilities 10 000 31,035
Web site svc 11520 3;610
Software&sum). 5,865
Ia7Web/Com/Vt'
il'1'ntal .. _ `'127,305179,91$':
1'rafesstotral 12 188 5,312
$ Rery cPC Legal fees
Marketing 50 000 20,400
Mentoring services 19,250 17,000
Auditing&monitoring 5 312 5,313
Professional
86,750 18035
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TraveUCpnftEdti,.
6: r7tinn Conf.&meet. 3,060
Travel 12 000.13680
Education 0 6,375
Tra`rcl/Conf/Ed
nv411 rtIt int 15,06023,035
.7' Supplies • Background 850
Bank charges 3,060
Drug screening 298
Dues&subscrip 850
Office supplies 13,600
Postage 5,100
Pruning&pub] 6,375
Supplies 3'otal 30,133'
ceel�rator ;Naplea.AdtmnEntiiv:managedLlHimproemeats,eijuipmentandaelatedfacBilyalevetopmeul=
8 �Fneititiec 'er»nnilifiri-rc ,?i. .•'J 950,000
Fazed ,
d,t6,i:i;ctrah,,, ..E11'Administrati* Entity Fee'', . 50,000'
Total 1.18330054480;92?
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EXHIBIT D
PROJECT ACTIVITY REPORT
ADMINISTRATIVE ENTITY: Economic Incubators, Inc.
PROJECT: Collier Soft Landing Accelerator/Incubator Strategy
REPORT PERIOD THROUGH
ACCOMPLISHMENTS:
Report A:Implementing Operations B: Implementing Team Quarterly
No, Payment
I. a. Establish accounting controls,fiscal Director,Administrative 12,500
Submit management,and audit preparation. Assistant,and intern on board.
12/30/15 b. Establish human resource functions
12/30/14 including payroll,benefits, and insurance.
c. Facility Selection and lease for Western
2. a. Maintain accounting controls, fiscal
Submit management,and audit preparation. Assistant,Intern,and Web 12,500
3/31/15 b.Maintain human resource functions Developer Social Media
including payroll,benefits,and insurance. Marketer on board, DirecteF
c.Secure lease for Eastern Collier County ' •_ • - •• -• -
Accelerator,accomplished. Facility Selection SPe"" lsoar-d,
and lease for Western Collier County
Accelerator,accomplished.
d. Start procuring equipment and furnishings
for Western Collier County Accelerator,as
needed.
3. a. Maintain accounting controls,fiscal
Submit management,and audit preparation Regional Global Soft Landing 12,500
6/30/15 b. Maintain human resource functions Specialist,Eastern Collier
including payroll,benefits,and insurance. County Accelerator Director
_. •_ of Facilities&Compliance on
improvements,and Grand Opening, board. Eastern Collier County
aecomplished Accelerator Maintenance
c.d.Procure equipment and furnishings for Specialist on board. Part-time
Western Collier County Accelerators,as Eastern Collier County
needed. Accelerator intern on board.
d. Secure lease or sublease for Eastern Collier
County Accelerator.
4 a. Maintain accounting controls,fiscal Full staff(as identified above) 12,500
Submit management,and audit preparation.
8/15/15 b.Maintain human resource functions
9/30/15 including payroll,benefits,and insurance.
c. Western Collier County construction,
improvements,and Grand Openings
accomplished.
House,accomplished.
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II. PROBLEMS:
III. STATUS REPORT ON PROVISION OF SERVICES: (include report period and year-
to-date)
UNITS OF ANNUAL YEAR
SERVICE PROGRAM REPORT TO % OF GOAL
PROVIDED GOAL PERIOD DATE COMPLETED
Project Activity
Reports 4
IV. OTHER COMMENTS: Quarterly Project Activity Reports become due 30 days following
the last day of reporting period. Reporting periods for purposes of this agreement should
commence October 1, 2014 unless otherwise specified.
SUPPORTING ATTACHMENTS: With each Request for Payment, a Project Activity Report
must provide details for each period and at year end, documenting the delivery of the services in
the Accelerator Incubator Office space, to its tenants and other client businesses,including but
not limited to: outreach and promotion efforts,training/education programs,number of
businesses receiving technical assistance/counseling,number of businesses created,number of
jobs created, average salary of jobs created/ranges, and report any new business spinoffs. The
Project Activity Reports should outline these efforts and quantify the results. A summary of
revenues and expenses is to be included as part of the report.
D-2
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EXHIBIT G
ROLE AND RESPONSIBILITIES OF ADMINISTRATIVE ENTITY
The Administrative Entity shall organize, administer, and operate the Project as outlined below
within the Scope of Services delineated in Exhibit A of the Agreement.
The Administrative Entity will not be monetarily penalized by reduction in its Administrative
Fee for the Project activity objectives and outcomes which are beyond the Scope of Services and
deliverables defined in this Agreement. Ell's reimbursements from COUNTY will not be
withheld for failure to meet Project activity objectives and outcomes which are beyond the Scope
of Services and deliverables defined in this Agreement.
The Administrative Entity shall develop and implement the policies with regard to the Scope of
Services it has been entrusted to perform in Exhibit A of the Agreement and the Project outlined
below.
The Administrative Entity, in collaboration with the Project Director, will comply with Exhibit
"J"Project Purchasing Procedures.
The Administrative Entity shall provide budgetary advice based on the Project Director's
proposed budget and the budget is to be approved by COUNTY.
In the event that Administrative Entity commits resources or enters into a contract and
Administrative Entity's proposed budget or the approved budget has that line item removed or
reduced then Fiscal Agent shall give at least thirty (30) days written notice of said action to
prevent a negative fiscal event for the Administrative Entity. Should a negative fiscal event be
created by a line item removal or reduction in the budget the Fiscal Agent agrees to be
responsible for the negative fiscal impact or reimburse Administrative Agent for the negative
fiscal event.
The Administrative Entity shall be held harmless from liability or responsibility for the return of
STATE funds pursuant to Article XXI.
The Administrative Entity will recruit organizational staff, awarding competitive compensation
in order to fulfill the professional competency intended and required by the approved Business
Plan(Exhibit E).
The Administrative Entity shall administer Business Income according to COUNTY approved
Budget.
The Administrative Entity will report private sector in-kind contributions quarterly utilizing
Exhibit"L".
Administrative Entity will enter into a lease agreement or sublease agreement for the Eastern
Collier County Culinary Accelerator. Administrative Entity will enter into a lease agreement or
sublease agreement for the Western Collier County Culinary Accelerator.
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Administrative Entity will provide management of leases, subleases, and related real estate
issues, including insurance, leasehold improvement and upgrades with the exception of the
leasehold improvements and upgrades to the Immokalee Culinary Kitchen which will be
performed by COUNTY.
For purposes of this Agreement the Project shall:
A. Be defined to include the oversight and policy direction provided by the BCC.
B. Be administered consistent with Exhibit "E", BCC approved Business Plan, unless
otherwise directed by the BCC.
C. Include the audit requirements in Exhibit"K".
D. Include the efforts of both EII and COUNTY working as a team and cooperating to
achieve Project success. COUNTY may continue to perform mutually agreed functions
which are within the Scope of Services of the Administrative Entity, including but not
limited to the expense and procurement of the Immokalee Culinary Kitchen build-out and
supply,therefore coordination between the Contract Manager and the County Manager or
his designee is essential.
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EXHIBIT H
ROLE AND RESPONSIBILITIES OF THE FISCAL AGENT
COUNTY, as a public entity, has responsibilities for funds received from the State and for funds
dedicated by COUNTY for economic development.
The Fiscal Agent shall provide the oversight and policy direction for the Project.
The Fiscal Agent shall have final oversight and approval of the Project budget wherein budgetary
advice was provided by Administrative Entity based on the Project Director's proposed budget.
In the event that Administrative Entity commits resources or enters into a contract and
Administrative Entity's proposed budget or the approved budget has that line item removed or
reduced then Fiscal Agent shall give at least thirty (30) days written notice of said action to
prevent a negative fiscal event for the Administrative Entity. Should a negative fiscal event be
created by a line item removal or reduction in the budget the Fiscal Agent agrees to be
responsible for the negative fiscal impact or reimburse Administrative Agent for the negative
fiscal event.
The Fiscal Agent has the liability or responsibility for the return of STATE funds pursuant to
Article XVIII.
The Fiscal Agent shall propound the audit requirements for the Agreement and delineated in
Exhibit"K".
Leasehold improvements and upgrades to the Immokalee Culinary Kitchen which will be
performed by COUNTY.
Fiscal Agent will enter into a lease agreement or sublease agreement for the Western Collier
County Accelerator.
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