Backup Documents 04/28/2015 Item #11C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
1 C
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 4.28.2015
Development
2. County Attorney Office County Attorney's OfficeIY)k2
3. BCC Office Board of County
Commissioners CV
4. Minutes and Records Clerk of Court's Office S(t I �— (Zb
l
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 Cq-
Agenda Date Item was 3g45rc Z$ 1 `� \ Xi Agenda Item Number 1 �
Approved by the BCC t \
Type of Document Amendment Number One to Grant Agreement between the Number of Original 2
Attached DEO and Collier County 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 signature? JK
2. Does the document need to be sent to another agency for additional signatures? If yes, .##F
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
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 3.28.15 and all changes made during the JK
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
BCC,all changes directed by the BCC have been made,and the document is ready for th
Chairman'stsignature. X-
3` L1not ngeS "t�f0 n� CL.A.$ C. Stnce`t's t rJce f PG(c..-1--e& •
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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
11c
MEMORANDUM
Date: May 4, 2015
To: Jace Kentner
Office of Business & Economic Development
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Amendment #1 to Grant Agreement between Collier County
and DEO
Attached, for your records are two originals of the document referenced above,
(Agenda Item #11C) adopted by the Board of County Commissioners on
Tuesday, April 28, 2015.
Please return a fully executed original back to the Minutes & Records
Department for the Board's official records..
If you should have any questions, please call 252-8411.
Thank you.
Attachment
11c
AGREEMENT#SLOO7
AMENDMENT NUMBER ONE
TO GRANT AGREEMENT
BETWEEN
THE DEPARTMENT OF ECONOMIC OPPORTUNITY
AN D
COLLIER COUNTY
On November 24, 2014, the State of Florida, Department of Economic Opportunity ("DEO"), and Collier
County ("Grantee"), entered into a Grant Agreement for two million five hundred thousand dollars
($2,500,000.00). The State funds provided under the Agreement will be used in Fiscal Year ("FY")
2014/2015 In consideration for Grantee's provision of services as set forth by the terms and conditions
of the Agreement.
WHEREAS, Section II.A of the Agreement provides that any amendment to the Agreement shall be in
writing and executed by the Parties thereto;and
WHEREAS,Grantee is unable to meet the original deliverable deadlines due to circumstances beyond its
control with respect to the facilities leasing processes and the securing of qualified employees;and
WHEREAS,Grantee submitted an amendment request in writing to DEO on February 25,2015; and
WHEREAS,the Parties wish to amend the Agreement as set forth herein;
NOW THEREFORE,In consideration of the mutual covenants and obligations set forth herein,the receipt
and sufficiency of which are hereby acknowledged, the Parties agree to amend the Agreement as
follows:
1. Attachment 1 to the Agreement, "Scope of Work," Is hereby deleted and replaced with the attached
Attachment 1, "Scope of Work."
2. All other terms and conditions remain in effect.
3. Section I.F.1, within the "Governing Laws" section of the Agreement, is hereby incorporated by
reference as if fully restated herein.
(Remainder of page intentionally left blank.]
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11C
IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and
provisions of Agreement SL007, as amended. The Effective Date of this Amendment is February 25,
2015.
COLLIER COUNTY DEPARTMENT OF ECONOMIC OPPORTUNITY
By _ C ` L ' By
Signature Signature
Tim Nance Cissy Proctor
Title Chairman,Board of County Title Chief of Staff
Commissioners
Date 1--/a $ 115 Date
.pproved as to form and legality
Approved as to form and legal sufficiency,subject
only to full and proper execution by the Parties.
Assistant Con ttorney ���
092 `a OFFICE OF GENERAL COUNSEL
DEPARTMENT OF ECONOMIC OPPORTUNITY
ATT5ST' By:
pll T E. EIR , Clerk Approved Date:
oakikat
Attest as'to Chairman's
"9ICi trljtc :'I,
Page 2 of 14
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Attachment 1
SCOPE OF WORK
Collier County Soft Landing Accelerator
1. Project Description: This project is for the establishment of a soft-landing Accelerator Network
(initially consisting of two Collier County accelerators,one of which is located in Western Collier
County that will provide expertise to assist burgeoning international and domestic businesses
with budgeting, business plan development, formulation of marketing plans and strategies,
venture funding, and distribution logistics; and the other an agribusiness-focused culinary food
accelerator located in Eastern Collier County equipped with commercial kitchen equipment,
food product development and testing equipment, cold food storage, and loading docks,
meeting all FDA, USDA and state applicable requirements). The Accelerator Network will also
provide accelerator services to any facility in the Southwest Florida Regional Five County
(Collier, Lee, Charlotte, Glades, Hendry) area, where a contract or memorandum of
understanding (MOU) for incubator/accelerator services has been executed, constituting
Network Managed Activity. The purpose of this project is to: recruit companies into Florida that
create high value employment opportunities; attract foreign direct investment; improve export
opportunities for Florida companies;and build new futures for citizens who desire to stay in the
region and build their own businesses. In order to establish these two accelerators, the State
appropriation will be used for specialized start-up staffing, and for the leasing and
improvements of the two facilities that will house the accelerators. The leased space for the
soft-landing accelerator for foreign business start-up is anticipated to be up to 9,100 square feet
and requires the purchase and installation of enterprise software, hardware, licenses, IT
networking equipment, global conferencing equipment and furnishings. The leased space for
the culinary food accelerator is anticipated to be approximately 5,000-6,000 square feet, and
requires remodeling, commercial equipment, cold food storage, fire safety, air filtration, air
conditioning, code approval and furnishings. Collier County Soft Landing Accelerator funding
provided by the State of Florida, Department of Economic Opportunity ("DEO"), will be utilized
for operating salaries, payroll taxes, benefits, and other payroll-related costs, facility leases,
insurance, maintenance and repair, utilities, computers, servers, other computer and
telecommunication equipment, printers, copiers, scanners, software, conference equipment,
IT/Web/Communication costs and services, travel, conferences, dues, subscriptions, staff
development (not certifications), bank charges, background checks, drug screening, safety
inspections, operating licenses and permits, office supplies, shipping, printing, publishing,
professional fees and expenses (legal, accounting, auditing, mentoring, and marketing),
planning, design, engineering, multi-functional office furniture and fixtures, modular work and
quiet areas,food product development and testing equipment,culinary and related equipment,
fixtures, systems and installation, other equipment as needed and leasehold improvements,
other reasonable operating costs required for program implementation and operations. Collier
County intends for this project to create a financially self-sustaining program.
This project is funded through:
Line Item#2256A Collier County Soft Landing Accelerator $2,500,000
SEED
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2. Grantee Responsibilities: Grantee will ensure the lease of two facilities where the accelerators
will be located. Grantee will send updated status reports with payment requests based on
documentation supporting the need for an advance and subsequently documented soft and
hard openings of the two facilities (including payroll, leasing, purchasing engineering services,
permits and construction) that has occurred between July 1, 2014 and September 30, 2015, as
further described herein.
Grantee will:
a. Be the Fiscal Agent for this Project but intends to subcontract with Economic Incubators,
Inc., to serve as the Project's Administrative Entity. Grantee represents that its
contractor has or will be selected in accordance with Florida law. Grantee further
represents that the services of its contractor are essential to the project, and are only
available if advance payment is made to the contractor. DEO does not prohibit
advancement of funds by Grantee to Grantee's contractor under those conditions.
1. Costs not allowed under this Agreement include, but are not limited to, any
administrative fee for Economic Incubators, Inc.
2. Grantee may temporarily invest advanced funds, but any interest income
earned on such funds shall either be returned to DEO or applied against DEO's
obligation to pay under this Agreement.
b. Implement all construction plans described in this agreement and provide
documentation specifying the remodeling/retrofitting,permitting and fees required for
each location selected,and a list of the necessary IT,office/culinary equipment and
furniture for each location,as detailed in each Deliverable In Section 4. Grantee must
submit a cost analysis and supporting documentation evidencing to DEO's satisfaction
that any proposed leasehold improvements are allowable, reasonable,and necessary,
prior to beginning work on such leasehold improvements or requesting any payment for
such leasehold improvements.
c. Recruit,hire,and maintain staff for functions aligned with Accelerator position
descriptions,which identify the unique characteristic and requirements of staff
positions, as detailed in each Deliverable in Section 4.Anticipated staff include an
Executive Director who will oversee both locations,a Regional Global Soft-Landing
Specialist,who will serve both locations,a Web Developer/Social Media Marketing,who
will serve both locations,a Director for Immokalee&Facility Compliance,a
Maintenance&Equipment Specialist,a Naples Administrative Manager,and interns.
d. Ensure an effective advertising campaign,which relies on search engine optimization,
internet search analytics, print,and public relations components.
e. Provide invoice packages that include a cover letter signed by Bruce Register, Grantee
Representative,certifying that the costs being claimed for the project:
i. Are specifically for this project.
ii. Are for one or more of the Deliverables detailed in the Section 4 Deliverables.
In addition, the final invoice package shall include documentation that the costs claimed
were incurred and paid between July 1, 2014 and June 30, 2015, or were partially
incurred from July 1, 2015 to September 30,2015,that progress had begun on such costs
Page 4 of 14
11c
by June 30, 2015, and identify any funds the Grantee has which are unencumbered or
unobligated and need to be returned to the state. Documentation of payment shall
include:
1. Copies of the cancelled checks specific to the project, or copies of checks and
the corresponding bank statements;
2. The projected vs.actual budget spreadsheet;
3. Before and after photographs of the work site;and
4. A final itemized invoice for any costs still outstanding that are above the amount
of funds already provided to the Grantee.
f. The Grantee will submit quarterly and annual reports for each of the five (5) years
following the execution of the Agreement, in determination of progress toward
deliverables regarding compliance with the terms of this Agreement. Such reports will
provide updates on:
i. The number and types of companies recruited to Florida that have created high
value employment opportunities;
II. The amount of foreign direct investment generated by the project;
iii. The amount and types of export opportunities realized by Florida Companies;
iv. The number of entrepreneurs that stay in the region and build their own
businesses as a direct result of accelerator activities;and
v. Progress made towards completion of the return of benefits described in Exhibit
A to this Scope of Work.
g. If Grantee has not provided at least $241,000 in cash match toward this project by
January 31, 2017, in fulfillment of the match requirement for FY 2014/2015, Grantee
shall return to the State of Florida an amount equal to the deficient cash match amount
(e.g., Grantee cash match as of June 30, 2017 equals $41,000: $241,000 - $41,000 =
$200,000. Therefore, Grantee would owe the State of Florida a refund of$200,000).
Any such refund due to the State of Florida shall be submitted on or before August 31,
2018.
h. The Grantee understands and agrees that it will be required to return to the State of
Florida all funds received pursuant to this Agreement, less any financial consequences
imposed, if the project does not result in a positive return of benefits to the people of
Florida (See Exhibit A to this Scope of Work). Criteria for determining a Positive Return
of Benefits on State Funds are:
i. Creation of 208 "Job Year Equivalents" as measured by one year of full time
employment for one job, eligibility defined as accelerator staff, accelerator
tenant employees or documented graduates of the Accelerator Network,
employment in Florida. See attached Exhibit B—Positive Return of Benefits on
State Funds, which constitutes an IMPLAN projection of taxes for five years.
Certification in the form of a written representation and warranty, signed by an
officer of the Collier County Soft Landing Accelerator and Accelerator Affiliated
Entity (which is a tenant or graduate or spinoff of the Accelerator Network or
any Network Managed Activity*), which identifies the number of jobs and
corresponding "Job Year Equivalents" represented on any of the following:
Florida UCT 6 Form, IRS Form 1099, IRS Schedule K-1 (Form 1120S or Form
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1065). The certification may also identify Florida-based jobs arising from joint
venture partners or participants of the Accelerator Affiliated Entity;OR
ii. Demonstration of$12,500,000 of cumulative private sector capital expenditures
or venture investment resulting from an Accelerator Affiliated Entity. A
purchase qualifies as a capital expenditure if it has all of the following: a) the
Accelerator Affiliate Entity owns or controls the asset which has a measurable
future economic value; b) has an estimated useful life of greater than a
minimum of 12 months; c) the item is not used for the resale directly to
Accelerator Affiliated Entity's customers; and d) the item is not purchased for
inventory to be used in production of the Accelerator Affiliated Entity's
products. A capital expenditure is considered an asset of the Accelerator
Affiliated Entity and it is, therefore, capitalized in the financial records. The
following may be submitted as documentation to support capital expenditures:
Internal Revenue Service (IRS) Form 4562; and/or Certification in the form of a
written representation and warranty, signed by an officer of the Accelerator
Affiliated Entity, identifying and verifying the capitalized expenditures showing
up on their balance sheet.
*Network Managed Activity means that the Accelerator Network will also provide accelerator
services to any facility in the SWFL Regional Five County (Collier, Lee, Charlotte, Glades, Hendry)
area, where a contract or memorandum of understanding (MOU) for incubator/accelerator
services has been executed,constituting Network Managed Activity.
3. DEO's Responsibilities:
a) Monitor the ongoing activities of the Collier County Soft Landing Accelerator Program
via phone calls, desk reviews of the documentation submitted for payment requests,
and site visits as needed.
b) Perform contract management responsibilities pursuant to the Agreement.
c) Review the Grantee's invoices described herein,and process them on a timely basis.
d) Maintain paper or electronic copies of all documents submitted pursuant to Sections 4
and 5 to the extent required by law.
e) Reply to reasonable inquiries from the County.
f) Following the initial advance payment of $495,000.00 for operations and facilities
retrofitting and commencement, DEO will only submit the fixed-price payment requests
upon satisfactory documentation of completion of the deliverables for each time period
described below in#4.
(Remainder of page intentionally left blank.]
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lic
4. Deliverables: Grantee agrees to provide the following services:
Advance Payment Request(see Exhibit 3 to the Scope of Work): Due Date within 24 hours of Execution of
the Agreement.
Minimum Performance Standards
Advance Payment Request: In addition to the Minimum Level of Financial Consequences
Request for advance payment to Performance outlined in S.A.,Grantee
begin implementation of the work will submit the below documentation
plan. Anticipated first 90 days cash as confirmation that Deliverable 1 is
requirements:$495,000.00 in start- complete within 24 hours following
up expenditures. Advance is for DEO's execution of the Agreement.
implementation of the Business At a minimum the following must be
Plan for Collier County Innovation completed and backup documentation
Accelerators,as approved by the submitted in order to evidence
Collier County Board of County satisfaction of the deliverable.
Commissioners on May 13,2014.
Work Plan: Begin site selection Submittal of invoice for Advance In addition to Grantee
process for West and East Funding to begin implementation of returning any unobligated
Accelerator space. Review Work Plan,detailed in the adjacent funds from the advance with
opportunities that will enhance column. the final invoice,failure to
program success. Negotiation of meet specified time criteria
leases,remodeling plan approval results in a fifty dollar($50.00)
and review of necessary state and per day financial consequence
local approvals and permits. to Grantee.
Creation of Accelerator position
descriptions which identify the
unique characteristics and
requirements of staff positions.
The consultant for the initial pilot
will create participation documents
and meet with potential clients to
present the Application for
Accelerator Participation,the
standards for participation in the
Accelerator,the Accelerator
Participation Agreement,which
memorializes relationships in a
contractual relationship. An
application review and approval
committee will be established. The
consultant will perform web
development,and initiate marketing
and fund-raising.Grantee will
negotiate and contract with an
Administrative Entity;
Administrative Entity will begin
procurement process for
operations.
Total_ $495,000
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Deliverables 1—7: Due Date as of March 31,2015
Deliverables Minimum Performance Standards Financial Consequences
1. Site selection for West and 1. Eastern&Western Collier Failure to complete and submit
East Collier County County Accelerator site plans. all Deliverables by March 31, as
Accelerator space, review evidenced by the absence of
and approval. any of the Minimum
Performance Standard
2. Enter into lease agreement 2. Executed Western Collier documentation shown for
for Western Collier County County Accelerator Lease Deliverables 1—7, will result in
Accelerator. Agreement. a fifty dollar($50.00)per day
financial consequence,which
3. Eastern Collier County 3. Contract or purchase order for shall be deducted from the
Accelerator(Immokalee) design services:furnishings, Fixed Price payment for
procurement of equipment, leasehold Deliverables 1-7.
design contractor: improvements,and design
furnishings,equipment,and plan.
leasehold improvements.
Grantee must submit a cost
analysis and supporting
documentation evidencing
to DEO's satisfaction that
any proposed leasehold
improvements are
allowable,reasonable,and
necessary, prior to
beginning work on such
leasehold improvements or
requesting payment for
Deliverables 1—7.
4. Western Collier County 4. Public notices,press releases,
Accelerator (Naples) and documentation of
pilot. leasehold interest.
5. Western Collier County 5. Successful Recruitment of
Accelerator staff Administration Entity and
acquisition of Director, hiring of Director and
Administrative Assistant, Administrative Assistant(2
and intern(2 FTE and 1 FTE FTEs;plus 1 FTE Intern), as
Intern). indicated by accepted letter of
offer from supervisor.
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6. Western Collier County 6.Statements,participant Use
Accelerator pilot launch and Agreements, public notices
Accelerator services and press release
operational. documenting the soft-opening
at transitional site of the
Western Collier County
Accelerator.Statements,
orders or invoices
documenting procurement for
Accelerator services.
7. Review and selection of 7. Approved Administrative
Administrative Entity and Entity Agreement.
approval of contract.
Total $245,000
Deliverable 8—12: Due Date as of June 30,2015
Deliverables Minimum Performance Standards Financial Consequences
8. Commence Western Collier 8. Notice to proceed or construction Failure to complete and submit
County Accelerator permits or architectural drawings all Deliverables by June 30,
Construction and Western of improvements. Contract or 2015,as evidenced by the
Collier County purchase order for furnishings absence of any of the Minimum
Accelerator and equipment for Western Performance Standard
procurement of Collier County Accelerators. documentation shown for
furnishings and equipment. Deliverables 8—12,will result in
a fifty dollar($50.00)per day
Grantee must submit a cost financial consequence,which
analysis and supporting shall be deducted from the
documentation evidencing Fixed Price payment for
to DEO's satisfaction that Deliverables 8-12.
any proposed leasehold
improvements are
allowable, reasonable,and
necessary, prior to
beginning work on such
leasehold improvements or
requesting any payment for
Deliverables 8- 12.
9. Completion of Permit Ready 9. Statement or invoice for
Construction Drawings for Permit Ready Construction
Eastern Collier County Drawings for Eastern Collier
Accelerator. County Accelerator and
copies or electronic files of
those documents.
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10. Proceed with Eastern 10. Documentaion of job
Collier County full-time advertisement or of letter of
equivalent recruitment offer from supervisor.
process for a Director of
Facilities&Compliance,a
Maintenance Specialist,and
an Intern.
ii. Hire Web Design Developer 11. Hiring of Web Design
&Social Media Marketing Developer&Social Media
and 1.5 FTE Interns(2.5 Marketer and Interns
FTE). evidenced by accepted letter
of offer from supervisor. (2.5
FTE)
12. Hire Regional Global Soft 12. Hiring of Regional Global
Landing Specialist(1 FTE)or Soft Landing Specialist,
contractors equivalent to a evidenced by accepted letter
FTE. of offer from supervisor or
contractor's equivalent to the
FTE evidenced by a contract.
(1 FTE or contractor)
Total _ $500,000
Deliverables 13—14: Due Date as of August 15,2015
Deliverables Minimum Performance Standards and Financial Consequences
Due Date.
13. Eastern Collier County 13. Public notices and press Failure to complete and
Accelerator Ground release documenting the Ground submit all Deliverables by
Breaking. Fulfillment of Breaking of the Eastern Collier August 15,2015,as
procurement of furnishings County Accelerator. Contract or evidenced by the absence
and equipment. Enter into Purchase Order for furnishings of any of the Minimum
lease agreement for and equipment. Eastern Collier Performance Standard
Eastern ColliierCounty County Accelerator lease documentation shown for
Accelerator. agreement. Deliverables 13—14,will
result in a fifty dollar
14. Obtain Building Permit and 14. Building Permit and ($50.00)per day financial
construction contract(s)for construction contract for Eastern consequence,which shall
Eastern Collier County Collier County Accelerator. be deducted from the Fixed
Accelerator Price payment for
Deliverables 13- 14.
Total $660,000
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Deliverables 15—19: Due Date no later than September 30,2015 with all Invoices submitted no later than
September,15,2015.
Deliverables Minimum Performance Standards Financial Consequences
15. Site Preparation 15. Certificate of occupancy, Subject to the discretion of
Construction and Grand- public notices and press release DEO,In the event
Opening of Eastern Collier documenting the Grand Opening consideration of Grantee's
County Accelerator. of the Eastern Collier County explanation for any failure
(Immokalee)Accelerator. to meet specified time
criteria be unaccepted,the
failure shall result in a
$5,000 financial
consequence per
Deliverable.
16. Western Collier County 16. Public notices,marketing,and
Accelerator Grand Opening press release materials documenting
and complete leasehold the Grand Opening of the Western
improvements. Collier County Accelerator and
contract or purchase order leasehold
improvements.
17. Complete recruitment of 1 17. Recruitment of 1 FTE Eastern
FTE Eastern Collier County Collier County Accelerator Intern
Accelerator Intern. as evidenced by an accepted
letter of offer from supervisor.
18. Complete recruitment of 18. Hiring of Eastern Collier
the Eastern Collier County County Accelerator Director of
Accelerator Director of Facilities&Compliance as
Facilities&Compliance.(1 evidenced by letter of offer from
FTE) supervisor.(1 FTE)
19. Complete recruitment of 19. Hiring of Eastern Collier
the Eastern Collier County County Accelerator Maintenance
Accelerator Maintenance Specialist as evidenced by
Specialist.(1 FTE) ' accepted letter of offer from
supervisor or supervisor and
employee signed time sheets for
all personnel.(1 FTE)
Total $600,000
5. Invoke Submittal and Payment Schedule:
All invoices shall denote the Deliverables being claimed and the relevant time period for those
Deliverables. The invoice for the Advance shall Include a summary of what the Advance Funding
is being requested for, and the invoices for the remainder for the Deliverables shall include a
summary of the accomplishments for the Deliverables claimed on that invoice, for the relevant
time period. However,the final invoice for payment must be received by DEO by September 15,
2015.
Page 11 of 14
The following documents shall be submitted with the invoice: S
1 C
A. Advance Payment: Minimum Level of Performance
i. A cover letter signed by Collier County Project Representative Bruce Register certifying
that the Advance Funding is specifically to implement the Collier County Accelerator Business
Plan (as explained in the Work Plan Deliverable under Section 4.of this Agreement)that was
approved by the Collier County Commission on May 13, 2014;and
ii. A projected budget spreadsheet.
B. Deliverables 1 -7: Minimum Level of Performance (in addition to the documents submitted
with the itemized invoice):
i. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the deliverables being claimed in the invoice package are
specifically for the project represented to the state in the budget appropriation, including a
certified statement for the project that all Deliverables being claimed for the relevant time
period were completed as specified in the Minimum Performance Standards column of
Deliverables 1-7 under Section 4.of this Agreement;and
ii. Before and after photographs of the work sites.
C. Deliverables 8-12: Minimum Level of Performance(in addition to the documents submitted
with the itemized invoice):
i. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the deliverables being claimed in the invoice package are
specifically for the project represented to the state in the budget appropriation, including a
certified statement for the project that all Deliverables being claimed for the relevant time
period were completed as specified in the Minimum Performance Standards column of
Deliverables 8-12 under Section 4.of this Agreement;and
ii. Before and after photographs of the work sites.
D. Deliverables 13 - 14: Minimum Level of Performance (in addition to the documents
submitted with the itemized invoice):
i. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the deliverables being claimed in the invoice package are
specifically for the project represented to the-state in the budget appropriation, including a
certified statement for the project that all Deliverables being claimed for the relevant time
period were completed as specified in the Minimum Performance Standards column of
Deliverables 13-14 under Section 4.of this Agreement; and
H. Before and after photographs of the work sites.
E. Deliverables 15 - 19: Minimum Level of Performance (in addition to the documents
submitted with the itemized invoice):
i. A cover letter signed by Collier County Representative Bruce Register certifying that the
deliverables being claimed in the invoice package are specifically for the project represented
to the state in the budget appropriation, including a certified statement for the project that
Deliverables 15 — 19 were completed as specified in the Minimum Performance Standards
column of the relevant time frame under Section 4.of this Agreement;
ii. The projected budget vs.actual budget spreadsheet;
iii. Before and after photographs of the work sites;
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iv. Copies of the cancelled checks specific to the project or copies of checks and the
corresponding bank statements;
v. A final itemized invoice for any costs still outstanding that are above the amount of
funds already provided to the Grantee;and
vi. A spreadsheet that clearly shows the names of all personnel that were paid by this
project, the amount of hours each person claimed against this project and the total amount
they were paid for work on this project. This spreadsheet shall be supported by signed and
approved time sheets for all hours claimed against this project, whether an FTE or a
contractor. In order for costs to be allowable, DEO must be able to time the names of all
personnel back to an accepted letter of offer or a contract,whichever is applicable.
The State may require any other information from Grantee that the State deems necessary to
verify that the services have been rendered under the Agreement.
All documentation necessary to support payment requests must be submitted with Grantee's
invoice for DEO's review.
6. Final Reconciliation:
DEO agrees to disburse funds under this Agreement in accordance with the above.The amounts
specified do not establish the value of the particular deliverables. In accordance with Section
I.F.11, Funding Requirements of section 215.971, F.S.,of this Agreement,Grantee's entitlement
to retain funds paid by DEO is dependent upon the amount of allowable costs incurred and
expended by Grantee in carrying out the Project.
7. Financial Consequences for Failure to Timely and Satisfactorily Perform:
Failure to complete all deliverables in accordance with the requirements of this Agreement,and
in particular, as specified above in Section 4, Deliverables, will result in assessment by DEO of
the specified financial consequences. if the Parties agree to a corrective action plan, the plan
shall specify the applicable financial consequences to be applied after the effective date of the
corrective action plan.
This provision for financial consequences shall in no manner affect DEO's right to terminate the
Agreement as provided elsewhere in DEO's Core Agreement.
8. Notification of Instances of Fraud:
Instances of Grantee operational fraud or criminal activities shall be reported to DEO's
Agreement Manager within twenty-four(24)chronological hours.
9. Grantee's Responsibilities upon Termination:
If DEO issues a Notice of Termination to Grantee, except as otherwise specified by DEO in that
notice,the Grantee shall:
a. Stop work under this Agreement on the date and to the extent specified in the notice.
b. Complete performance of such part of the work as shall not have been terminated by DEO.
c. Take such action as may be necessary, or as DEO may specify, to protect and preserve any
property which is in the possession of Grantee and in which DEO has or may acquire an
interest.
d. Upon the effective date of termination of this Agreement,Grantee shall transfer,assign,and
make available to the DEO all property and materials belonging to DEO. No extra
compensation will be paid to Grantee for its services in connection with such transfer or
assignment.
Page 13 of 14
11G
10. Non-Discrimination: Grantee shall not discriminate unlawfully against any individual employed
in the performance of this Agreement because of race, religion, color, sex, physical handicap
unrelated to such person's ability to engage in this work, national origin, ancestry, or age.
Grantee shall provide a harassment-free workplace, with any allegation of harassment to be
given priority attention and action.
11. Equipment Disposition:
a. Pursuant to Section I.Q.7 of this Agreement ("Nonexpendable Property"), upon
termination of the Agreement period, Grantee is authorized to retain ownership of any
nonexpendable property purchased under this Agreement; however, Grantee hereby grants to
DEO a right of first refusal in all such property, and prior to disposition of any such property
during its depreciable life, in accordance with the depreciation schedule in use by Grantee,
Grantee shall provide written notice of any such planned disposition and await DEO's response
prior to disposing of the property. "Disposition"as used herein, shall include, but is not limited
to, Grantee no longer using the nonexpendable property for the uses defined herein, the sale,
exchange, transfer, trade-in, or disposal of any such nonexpendable property, or closure of
Grantee's operations. DEO, in its sole discretion, may require Grantee to refund to DEO the fair
market value of the nonexpendable property, taking into consideration the fair value
depreciation of the property,rather than taking possession of the nonexpendable property.
b. To the extent that any improvements are made to leased real property, in whole or in
part, from funding provided under this Agreement, the said real property must be used for the
purposes provided in this Agreement for at least 5 years from June 30, 2015. If within five (5)
years of June 30, 2015 Grantee will no longer use the said real property for the purposes
provided in this Agreement, Grantee shall notify DEO in writing of the circumstances that will
result in the non-authorized use upon learning of it, but no later than thirty (30) days prior to
the non-authorized use occurring. In such event, DEO shall have the right, within its sole
discretion, to demand reimbursement of part or all of the funding provided to Grantee under
this Agreement for such improvements to real property.
-End of Attachment 1(Scope of Work)
Page 14 of 14
11C
AGREEMENT#SLOW
AMENDMENT NUMBER ONE
TO GRANT AGREEMENT
BETWEEN
THE DEPARTMENT OF ECONOMIC OPPORTUNITY
AND
COWER COUNTY
On November 24,2014,the State of Florida, Department of Economic Opportunity("DEO"), and Collier
County ("Grantee"), entered Into a Grant Agreement for two million five hundred thousand dollars
($2,500,000.00). The State funds provided under the Agreement will be used in Fiscal Year ("FY")
2014/2015 in consideration for Grantee's provision of services as set forth by the terms and conditions
of the Agreement.
WHEREAS, Section II.A of the Agreement provides that any amendment to the Agreement shall be in
writing and executed by the Parties thereto;and
WHEREAS,Grantee is unable to meet the original deliverable deadlines due to circumstances beyond its
control with respect to the facilities leasing processes and the securing of qualified employees;and
WHEREAS,Grantee submitted an amendment request in writing to DEO on February 25,2015;and
WHEREAS,the Parties wish to amend the Agreement as set forth herein;
NOW THEREFORE,in consideration of the mutual covenants and obligations set forth herein,the receipt
and sufficiency of which are hereby acknowledged, the Parties agree to amend the Agreement as
follows:
1. Attachment 1 to the Agreement,"Scope of Work," Is hereby deleted and replaced with the attached
Attachment 1,"Scope of Work."
2. All other terms and conditions remain in effect.
3. Section I.F.1, within the "Governing Laws" section of the Agreement, is hereby incorporated by
reference as if fully restated herein.
[Remainder of page intentionally left blank.]
Page 1 of 14
c
IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and
provisions of Agreement SL007, as amended. The Effective Date of this Amendment is February 25,
2015.
COLLIER COUNTY DEPARTMENT OF ECONOMIC OPPORTUNITY
✓----�/A
/(7
C�By _ � By
Signature Signature
Tim Nance Cissy Proctor
Title Chairman,Board of County Title Chief of Staff
Commissioners
Date 1—/a% 115 Date S/ I qi 15
.pproved as to form and legality
Approved as to form and legal sufficiency,subject
�--� only to full and proper execution by the Parties.
Assistant Con ttarnep 4\
\�
i} OFFICE OF GENERAL COUNSEL
f�` DE' ..RTME • ECONOMIC OPPORTUNITY
DWjar E. k, I Approved Date: 8
IciP01/4 ., / .'
-Attest as to Chairman's
Page 2 of 14
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Attachment 1
SCOPE OF WORK
Collier County Soft Landing Accelerator
1. Project Description: This project is for the establishment of a soft-landing Accelerator Network
(initially consisting of two Collier County accelerators,one of which is located in Western Collier
County that will provide expertise to assist burgeoning international and domestic businesses
with budgeting, business plan development, formulation of marketing plans and strategies,
venture funding, and distribution logistics;and the other an agribusiness-focused culinary food
accelerator located in Eastern Collier County equipped with commercial kitchen equipment,
food product development and testing equipment, cold food storage, and loading docks,
meeting all FDA, USDA and state applicable requirements). The Accelerator Network will also
provide accelerator services to any facility in the Southwest Florida Regional Five County
(Collier, Lee, Charlotte, Glades, Hendry) area, where a contract or memorandum of
understanding (MOU) for incubator/accelerator services has been executed, constituting
Network Managed Activity. The purpose of this project is to:recruit companies into Florida that
create high value employment opportunities; attract foreign direct investment; improve export
opportunities for Florida companies;and build new futures for citizens who desire to stay in the
region and build their own businesses. In order to establish these two accelerators, the State
appropriation will be used for specialized start-up staffing, and for the leasing and
improvements of the two facilities that will house the accelerators. The leased space for the
soft-landing accelerator for foreign business start-up is anticipated to be up to 9,100 square feet
and requires the purchase and installation of enterprise software, hardware, licenses, IT
networking equipment, global conferencing equipment and furnishings. The leased space for
the culinary food accelerator is anticipated to be approximately 5,000-6,000 square feet, and
requires remodeling, commercial equipment, cold food storage, fire safety, air filtration, air
conditioning, code approval and furnishings. Collier County Soft Landing Accelerator funding
provided by the State of Florida, Department of Economic Opportunity("DEO"), will be utilized
for operating salaries, payroll taxes, benefits, and other payroll-related costs, facility leases,
insurance, maintenance and repair, utilities, computers, servers, other computer and
telecommunication equipment, printers, copiers, scanners, software, conference equipment,
IT/Web/Communication costs and services, travel, conferences, dues, subscriptions, staff
development (not certifications), bank charges, background checks, drug screening, safety
inspections, operating licenses and permits, office supplies, shipping, printing, publishing,
professional fees and expenses (legal, accounting, auditing, mentoring, and marketing),
planning, design, engineering, multi-functional office furniture and fixtures, modular work and
quiet areas,food product development and testing equipment,culinary and related equipment,
fixtures, systems and installation, other equipment as needed and leasehold improvements,
other reasonable operating costs required for program implementation and operations. Collier
County intends for this project to create a financially self-sustaining program.
This project is funded through:
Line Item#2256A Collier County Soft Landing Accelerator $2,500,000
SEED
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2. Grantee Responsibilities: Grantee will ensure the lease of two facilities where the accelerators
will be located. Grantee will send updated status reports with payment requests based on
documentation supporting the need for an advance and subsequently documented soft and
hard openings of the two facilities (including payroll, leasing, purchasing engineering services,
permits and construction) that has occurred between July 1, 2014 and September 30, 2015,as
further described herein.
Grantee will:
a. Be the Fiscal Agent for this Project but intends to subcontract with Economic Incubators,
inc., to serve as the Project's Administrative Entity. Grantee represents that its
contractor has or will be selected in accordance with Florida law. Grantee further
represents that the services of its contractor are essential to the project, and are only
available if advance payment is made to the contractor. DEO does not prohibit
advancement of funds by Grantee to Grantee's contractor under those conditions.
1. Costs not allowed under this Agreement include, but are not limited to, any
administrative fee for Economic Incubators, Inc.
2. Grantee may temporarily invest advanced funds, but any interest income
earned on such funds shall either be returned to DEO or applied against DEO's
obligation to pay under this Agreement.
b. Implement all construction plans described in this agreement and provide
documentation specifying the remodeling/retrofitting,permitting and fees required for
each location selected,and a list of the necessary IT,office/culinary equipment and
furniture for each location,as detailed in each Deliverable In Section 4. Grantee must
submit a cost analysis and supporting documentation evidencing to DEO's satisfaction
that any proposed leasehold improvements are allowable,reasonable,and necessary,
prior to beginning work on such leasehold improvements or requesting any payment for
such leasehold improvements.
c. Recruit,hire,and maintain staff for functions aligned with Accelerator position
descriptions,which identify the unique characteristic and requirements of staff
positions,as detailed in each Deliverable in Section 4.Anticipated staff include an
Executive Director who will oversee both locations,a Regional Global Soft-Landing
Specialist,who will serve both locations,a Web Developer/Social Media Marketing,who
will serve both locations,a Director for Immokalee&Facility Compliance,a
Maintenance&Equipment Specialist,a Naples Administrative Manager,and interns.
d. Ensure an effective advertising campaign,which relies on search engine optimization,
internet search analytics,print,and public relations components.
e. Provide invoice packages that include a cover letter signed by Bruce Register, Grantee
Representative,certifying that the costs being claimed for the project:
i. Are specifically for this project.
ii. Are for one or more of the Deliverables detailed in the Section 4 Deliverables.
In addition,the final invoice package shall include documentation that the costs claimed
were incurred and paid between July 1, 2014 and June 30, 2015, or were partially
incurred from July 1,2015 to September 30,2015,that progress had begun on such costs
Page 4 of 14
1 1 C
by June 30, 2015, and identify any funds the Grantee has which are unencumbered or
unobligated and need to be returned to the state. Documentation of payment shall
include:
1. Copies of the cancelled checks specific to the project, or copies of checks and
the corresponding bank statements;
2. The projected vs.actual budget spreadsheet;
3. Before and after photographs of the work site;and
4. A final itemized invoice for any costs still outstanding that are above the amount
of funds already provided to the Grantee.
f. The Grantee will submit quarterly and annual reports for each of the five (5) years
following the execution of the Agreement, In determination of progress toward
deliverables regarding compliance with the terms of this Agreement. Such reports will
provide updates on:
i. The number and types of companies recruited to Florida that have created high
value employment opportunities;
ii. The amount of foreign direct investment generated by the project;
iii. The amount and types of export opportunities realized by Florida Companies;
iv. The number of entrepreneurs that stay in the region and build their own
businesses as a direct result of accelerator activities;and
v. Progress made towards completion of the return of benefits described in Exhibit
A to this Scope of Work.
g. If Grantee has not provided at least $241,000 in cash match toward this project by
January 31, 2017, in fulfillment of the match requirement for FY 2014/2015, Grantee
shall return to the State of Florida an amount equal to the deficient cash match amount
(e.g., Grantee cash match as of June 30, 2017 equals $41,000: $241,000 - $41,000=
$200,000. Therefore, Grantee would owe the State of Florida a refund of$200,000).
Any such refund due to the State of Florida shall be submitted on or before August 31,
2018.
h. The Grantee understands and agrees that it will be required to return to the State of
Florida all funds received pursuant to this Agreement, less any financial consequences
imposed, if the project does not result in a positive return of benefits to the people of
Florida(See Exhibit A to this Scope of Work). Criteria for determining a Positive Return
of Benefits on State Funds are:
i. Creation of 208 "Job Year Equivalents" as measured by one year of full time
employment for one job, eligibility defined as accelerator staff, accelerator
tenant employees or documented graduates of the Accelerator Network,
employment in Florida. See attached Exhibit B—Positive Return of Benefits on
State Funds, which constitutes an IMPLAN projection of taxes for five years.
Certification in the form of a written representation and warranty,signed by an
officer of the Collier County Soft Landing Accelerator and Accelerator Affiliated
Entity(which is a tenant or graduate or spinoff of the Accelerator Network or
any Network Managed Activity*), which identifies the number of jobs and
corresponding "Job Year Equivalents" represented on any of the following:
Florida UCT 6 Form, IRS Form 1099, IRS Schedule K-1 (Form 11205 or Form
Page 5 of 14
11C
1065). The certification may also identify Florida-based jobs arising from joint
venture partners or participants of the Accelerator Affiliated Entity;OR
ii. Demonstration of$12,500,000 of cumulative private sector capital expenditures
or venture investment resulting from an Accelerator Affiliated Entity. A
purchase qualifies as a capital expenditure if it has all of the following: a) the
Accelerator Affiliate Entity owns or controls the asset which has a measurable
future economic value; b) has an estimated useful life of greater than a
minimum of 12 months; c) the item is not used for the resale directly to
Accelerator Affiliated Entity's customers; and d) the item is not purchased for
inventory to be used in production of the Accelerator Affiliated Entity's
products. A capital expenditure is considered an asset of the Accelerator
Affiliated Entity and it Is, therefore, capitalized in the financial records. The
following may be submitted as documentation to support capital expenditures:
Internal Revenue Service(IRS) Form 4562; and/or Certification in the form of a
written representation and warranty, signed by an officer of the Accelerator
Affiliated Entity, identifying and verifying the capitalized expenditures showing
up on their balance sheet.
*Network Managed Activity means that the Accelerator Network will also provide accelerator
services to any facility in the SWFL Regional Five County(Collier, Lee, Charlotte, Glades, Hendry)
area, where a contract or memorandum of understanding (MOU) for incubator/accelerator
services has been executed,constituting Network Managed Activity.
3. DEO's Responsibilities:
a) Monitor the ongoing activities of the Collier County Soft Landing Accelerator Program
via phone calls, desk reviews of the documentation submitted for payment requests,
and site visits as needed.
b) Perform contract management responsibilities pursuant to the Agreement.
c) Review the Grantee's invoices described herein,and process them on a timely basis.
d) Maintain paper or electronic copies of all documents submitted pursuant to Sections 4
and 5 to the extent required by law.
e) Reply to reasonable inquiries from the County.
f) Following the initial advance payment of $495,000.00 for operations and facilities
retrofitting and commencement, DEO will only submit the fixed-price payment requests
upon satisfactory documentation of completion of the deliverables for each time period
described below in#4.
(Remainder of page intentionally left blank.)
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4. Deliverables: Grantee agrees to provide the following services:
Advance Payment Request(see Exhibit 3 to the Scope of Work): Due Date within 24 hours of Execution of
the Agreement.
Minimum Performance Standards
Advance Payment Request In addition to the Minimum Level of Financial Consequences
Request for advance payment to Performance outlined In S.A.,Grantee
begin implementation of the work will submit the below documentation
plan. Anticipated first 90 days cash as confirmation that Deliverable 1 is
requirements:$495,000.00 in start- complete within 24 hours following
up expenditures. Advance is for DEO's execution of the Agreement.
implementation of the Business At a minimum the following must be
Plan for Collier County Innovation completed and backup documentation
Accelerators,as approved by the submitted in order to evidence
Collier County Board of County satisfaction of the deliverable.
Commissioners on May 13,2014.
Work Plan: Begin site selection Submittal of invoice for Advance In addition to Grantee
process for West and East Funding to begin implementation of returning any unobligated
Accelerator space.Review Work Plan,detailed in the adjacent funds from the advance with
opportunities that will enhance column. the final invoice,failure to
program success.Negotiation of meet specified time criteria
leases,remodeling plan approval results in a fifty dollar($50.00)
and review of necessary state and per day financial consequence
local approvals and permits. to Grantee.
Creation of Accelerator position
descriptions which identify the
unique characteristics and
requirements of staff positions.
The consultant for the initial pilot
will create participation documents
and meet with potential clients to
present the Application for
Accelerator Participation,the
standards for participation in the
Accelerator,the Accelerator
Participation Agreement,which
memorializes relationships in a
contractual relationship. An
application review and approval
committee will be established. The
consultant will perform web
development,and initiate marketing
and fund-raising.Grantee will
negotiate and contract with an
Administrative Entity;
Administrative Entity will begin
procurement process for
operations.
Total $495,000
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Deliverables 1—7: Due Date as of March 31,2015
Deliverables Minimum Performance Standards Financial Consequences
1. Site selection for West and 1. Eastern&Western Collier Failure to complete and submit
East Coier County County Accelerator site plans. all Deliverables by March 31,as
Accelerator space, review evidenced by the absence of
and approval. any of the Minimum
Performance Standard
2. Enter into lease agreement 2. Executed Western Collier documentation shown for
for Western Colter County County Accelerator Lease Deliverables 1-7,will result in
Accelerator. Agreement. a fifty dollar($50.00)per day
financial consequence,which
3. Eastern Collier Co u n t y 3. Contract or purchase order for shall be deducted from the
Accelerator(Immokalee) design services:furnishings, Fixed Price payment for
procurement of equipment,leasehold Deliverables 1-7.
design contractor: improvements,and design
furnishings,equipment,and plan.
leasehold improvements.
Grantee must submit a cost
analysis and supporting
documentation evidencing
to DEO's satisfaction that
any proposed leasehold
improvements are
allowable,reasonable,and
necessary,prior to
beginning work on such
leasehold improvements or
requesting payment for
Deliverables 1—7. j
4. Western Collier County 4. Public notices,press releases,
Accelerator (Naples) and documentation of
pilot. leasehold interest.
5. Western Collier County 5. Successful Recruitment of
Accelerator staff Administration Entity and
acquisition of Director, hiring of Director and
Administrative Assistant, Administrative Assistant(2
and intern(2 FTE and 1 FTE FTEs;plus 1 FTE Intern),as
Intern). indicated by accepted letter of
offer from supervisor.
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6. Western Collier County 6.Statements,participant Use
Accelerator pilot launch and Agreements,public notices
Accelerator services and press release
operational. documenting the soft-opening
at transitional site of the
Western Collier County
Accelerator.Statements,
orders or invoices
documenting procurement for
Accelerator services.
7. Review and selection of 7. Approved Administrative
Administrative Entity and Entity Agreement.
approval of contract.
Total $245,000
Deliverable 8—12: Due Date as of June 30,2015
Deliverables Minimum Performance Standards Financial Consequences
8. Commence Western Collier 8. Notice to proceed or construction Failure to complete and submit
County Accelerator permits or architectural drawings all Deliverables by June 30,
Construction and Western of improvements. Contract or 2015,as evidenced by the
Collier County purchase order for furnishings absence of any of the Minimum
Accelerator and equipment for Western Performance Standard
procurement of Collier County Accelerators. documentation shown for
furnishings and equipment. Deliverables 8—12,will result in
a fifty dollar($50.00)per day
Grantee must submit a cost financial consequence,which
analysis and supporting shall be deducted from the
documentation evidencing Fixed Price payment for
to DEO's satisfaction that Deliverables 8-12.
any proposed leasehold
improvements are
allowable,reasonable,and
necessary,prior to
beginning work on such
leasehold improvements or
requesting any payment for
Deliverables 8-12.
9. Completion of Permit Ready 9. Statement or invoice for
Construction Drawings for Permit Ready Construction
Eastern Collier County Drawings for Eastern Collier
Accelerator. County Accelerator and
copies or electronic files of
those documents.
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10. Proceed with Eastern 10. Documentaion of job
Collier County full-time advertisement or of letter of
equivalent recruitment offer from supervisor.
process for a Director of
Facilities&Compliance,a
Maintenance Specialist,and
an Intern.
11. Hire Web Design Developer 11.Hiring of Web Design
&Social Media Marketing Developer&Social Media
and 1.5 FTE Interns(25 Marketer and Interns
FTE). evidenced by accepted letter
of offer from supervisor. (2.5
FTE)
12. Hire Regional Global Soft 12. Hiring of Regional Global
Landing Specialist(1 FTE)or Soft Landing Specialist,
contractors equivalent to a evidenced by accepted letter
FTE. of offer from supervisor or
contractor's equivalent to the
FTE evidenced by a contract.
(1 FTE or contractor)
Total $500,000
Deliverables 13—14: Due Date as of August 15,2015
Deliverables Minimum Performance Standards and Financial Consequences
Due Date.
13. Eastern Collier County 13. Public notices and press Failure to complete and
Accelerator Ground release documenting the Ground submit all Deliverables by
Breaking. Fulfillment of Breaking of the Eastern Collier August 15,2015,as
procurement of furnishings County Accelerator. Contract or evidenced by the absence
and equipment. Enter into Purchase Order for furnishings of any of the Minimum
lease agreement for and equipment. Eastern Collier Performance Standard
Eastern Cofer County County Accelerator lease documentation shown for
Accelerator. agreement. Deliverables 13—14,will
result in a fifty dollar
14. Obtain Building Permit and 14. Building Permit and ($50.00)per day financial
construction contract(s)for construction contract for Eastern consequence,which shall
Eastern Collier County Collier County Accelerator. be deducted from the Fixed
Accelerator Price payment for
Deliverables 13-14.
Total $660,000
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Deliverables 15—19: Due Date no later than September 30,2015 with all Invokes submitted no later than
September,15,2015.
Deliverables Minimum Performance Standards Financial Consequences
15. Site Preparation 15. Certificate of occupancy, Subject to the discretion of
Construction and Grand- public notices and press release DEO,in the event
Opening of Eastern Collier documenting the Grand Opening consideration of Grantee's
County Accelerator. of the Eastern Collier County explanation for any failure
(Immokalee)Accelerator. to meet specified time
criteria be unaccepted,the
failure shall result in a
$5,000 financial
consequence per
Deliverable.
16. Western Collier County 16. Public notices,marketing,and
Accelerator Grand Opening press release materials documenting
and complete leasehold the Grand Opening of the Western
improvements. Collier County Accelerator and
contract or purchase order leasehold
improvements.
17. Complete recruitment of 1 17. Recruitment of 1 FTE Eastern
FTE Eastern Collier County Collier County Accelerator Intern
Accelerator Intern. as evidenced by an accepted
letter of offer from supervisor.
18. Complete recruitment of 18.Hiring of Eastern Collier
the Eastern Collier County County Accelerator Director of
Accelerator Director of Facilities&Compliance as
Facilities&Compliance.(1 evidenced by letter of offer from
FTE) supervisor.(1 FTE)
19. Complete recruitment of 19. Hiring of Eastern Collier
the Eastern Collier County County Accelerator Maintenance
Accelerator Maintenance Specialist as evidenced by
Specialist.(1 FTE) accepted letter of offer from
supervisor or supervisor and
employee signed time sheets for
all personnel.(1 FTE)
Total $600,000
5. Invoke Submittal and Payment Schedule:
All invoices shall denote the Deliverables being claimed and the relevant time period for those
Deliverables. The invoice for the Advance shall include a summary of what the Advance Funding
is being requested for, and the invoices for the remainder for the Deliverables shall include a
summary of the accomplishments for the Deliverables claimed on that invoice,for the relevant
time period. However,the final invoice for payment must be received by DEO by September 15,
2015.
Page 11 of 14
The following documents shall be submitted with the invoice: I I C
A. Advance Payment: Minimum Level of Performance
i. A cover letter signed by Collier County Project Representative Bruce Register certifying
that the Advance Funding is specifically to implement the Collier County Accelerator Business
Plan (as explained in the Work Plan Deliverable under Section 4.of this Agreement)that was
approved by the Collier County Commission on May 13,2014;and
ii. A projected budget spreadsheet.
B. Deliverables 1-7: Minimum Level of Performance (in addition to the documents submitted
with the itemized invoice):
i. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the deliverables being claimed in the invoice package are
specifically for the project represented to the state in the budget appropriation, including a
certified statement for the project that all Deliverables being claimed for the relevant time
period were completed as specified in the Minimum Performance Standards column of
Deliverables 1-7 under Section 4.of this Agreement;and
ii. Before and after photographs of the work sites.
C. Deliverables 8-12: Minimum Level of Performance(in addition to the documents submitted
with the itemized invoice):
i. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the deliverables being claimed in the invoice package are
specifically for the project represented to the state in the budget appropriation, including a
certified statement for the project that all Deliverables being claimed for the relevant time
period were completed as specified in the Minimum Performance Standards column of
Deliverables 8-12 under Section 4.of this Agreement;and
ii. Before and after photographs of the work sites.
D. Deliverables 13 - 14: Minimum Level of Performance (in addition to the documents
submitted with the itemized invoice):
i. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the deliverables being claimed in the invoice package are
specifically for the project represented to the-state in the budget appropriation, including a
certified statement for the project that all Deliverables being claimed for the relevant time
period were completed as specified in the Minimum Performance Standards column of
Deliverables 13-14 under Section 4.of this Agreement;and
ii. Before and after photographs of the work sites.
E. Deliverables 15 - 19: Minimum Level of Performance (in addition to the documents
submitted with the itemized invoice):
i. A cover letter signed by Collier County Representative Bruce Register certifying that the
deliverables being claimed in the invoice package are specifically for the project represented
to the state in the budget appropriation, including a certified statement for the project that
Deliverables 15 — 19 were completed as specified in the Minimum Performance Standards
column of the relevant time frame under Section 4.of this Agreement;
ii. The projected budget vs.actual budget spreadsheet;
iii. Before and after photographs of the work sites;
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Iv. Copies of the cancelled checks specific to the project or copies of checks and the
corresponding bank statements;
v. A final itemized invoice for any costs still outstanding that are above the amount of
funds already provided to the Grantee;and
vi. A spreadsheet that clearly shows the names of all personnel that were paid by this
project,the amount of hours each person claimed against this project and the total amount
they were paid for work on this project. This spreadsheet shall be supported by signed and
approved time sheets for all hours claimed against this project, whether an FTE or a
contractor. In order for costs to be allowable, DEO must be able to time the names of all
personnel back to an accepted letter of offer or a contract,whichever is applicable.
The State may require any other information from Grantee that the State deems necessary to
verify that the services have been rendered under the Agreement.
All documentation necessary to support payment requests must be submitted with Grantee's
invoice for DEO's review.
6. Final Reconciliation:
DEO agrees to disburse funds under this Agreement in accordance with the above.The amounts
specified do not establish the value of the particular deliverables. In accordance with Section
I.F.11,Funding Requirements of section 215.971,F.S.,of this Agreement,Grantee's entitlement
to retain funds paid by DEO is dependent upon the amount of allowable costs incurred and
expended by Grantee in carrying out the Project.
7. Financial Consequences for Failure to Timely and Satisfactorily Perform:
Failure to complete all deliverables in accordance with the requirements of this Agreement,and
in particular, as specified above in Section 4, Deliverables,will result in assessment by DEO of
the specified financial consequences. If the Parties agree to a corrective action plan, the plan
shall specify the applicable financial consequences to be applied after the effective date of the
corrective action plan.
This provision for financial consequences shall in no manner affect DEO's right to terminate the
Agreement as provided elsewhere in DEO's Core Agreement.
8. Notification of Instances of Fraud:
Instances of Grantee operational fraud or criminal activities shall be reported to DEO's
Agreement Manager within twenty-four(24)chronological hours.
9. Grantee's Responsibilities upon Termination:
If DEO issues a Notice of Termination to Grantee, except as otherwise specified by DEO in that
notice,the Grantee shall:
a. Stop work under this Agreement on the date and to the extent specified in the notice.
b. Complete performance of such part of the work as shall not have been terminated by DEO.
c. Take such action as may be necessary,or as DEO may specify,to protect and preserve any
property which is in the possession of Grantee and in which DEO has or may acquire an
interest.
d. Upon the effective date of termination of this Agreement,Grantee shall transfer,assign,and
make available to the DEO all property and materials belonging to DEO. No extra
compensation will be paid to Grantee for its services in connection with such transfer or
assignment.
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10. Non-Discrimination: Grantee shall not discriminate unlawfully against any individual employed
in the performance of this Agreement because of race, religion, color, sex, physical handicap
unrelated to such person's ability to engage in this work, national origin, ancestry, or age.
Grantee shall provide a harassment-free workplace, with any allegation of harassment to be
given priority attention and action.
11. Equipment Disposition:
a. Pursuant to Section I.Q.7 of this Agreement ("Nonexpendable Property"), upon
termination of the Agreement period, Grantee is authorized to retain ownership of any
nonexpendable property purchased under this Agreement; however, Grantee hereby grants to
DEO a right of first refusal in all such property, and prior to disposition of any such property
during its depreciable life, in accordance with the depreciation schedule in use by Grantee,
Grantee shall provide written notice of any such planned disposition and await DEO's response
prior to disposing of the property. "Disposition"as used herein,shall include, but is not limited
to, Grantee no longer using the nonexpendable property for the uses defined herein, the sale,
exchange, transfer, trade-in, or disposal of any such nonexpendable property, or closure of
Grantee's operations. DEO, in its sole discretion, may require Grantee to refund to DEO the fair
market value of the nonexpendable property, taking into consideration the fair value
depreciation of the property,rather than taking possession of the nonexpendable property.
b. To the extent that any improvements are made to leased real property, in whole or in
part,from funding provided under this Agreement,the said real property must be used for the
purposes provided in this Agreement for at least 5 years from June 30, 2015. If within five (5)
years of June 30, 2015 Grantee will no longer use the said real property for the purposes
provided in this Agreement, Grantee shall notify DEO in writing of the circumstances that will
result in the non-authorized use upon learning of it, but no later than thirty(30) days prior to
the non-authorized use occurring. In such event, DEO shall have the right, within Its sole
discretion, to demand reimbursement of part or all of the funding provided to Grantee under
this Agreement for such improvements to real property.
-End of Attachment 1(Scope of Work)
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