Backup Documents 11/18/2014 Item #11C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1,
1
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 Bard 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 11.13.14
Development
2. County Attorney Office County Attorney's Office vQie) 1101i 1-
3.
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3. BCC Office Board of County
Commissioners \r\ C-1/ \A-zA\e-A
4. Minutes and Records Clerk of Court's Office
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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, nalyst,Business and Economic Phone Number 252-4040
Contact/ Department Development
Agenda Date Item was 11.18.14 Agenda Item Number 11.C.
Approved by the BCC
Type of Document Agreement(Collier County and EII) Number of Original 1
Attached Documents Attached
PO number or account n/a nrQCe, �x.
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? STAMP IS OKAY JK
2. Does the document need to be sent to another agency for additional signatures? If yes, Nee-
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 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 othera-ties 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 11/18/14 and all changes made during JK
the meeting have been incorporated in the attached document. The County a� '
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's signature.
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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
:LIC
MEMORANDUM
Date: November 21, 2014
To: Jace Kentner
Office of Business & Economic Development
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Agreement w/Collier County and Economic Incubators, Inc,
Attached, for your records are two (2) Certified copies of the document
referenced above, (Agenda Item #11C) adopted by the Board of County
Commissioners on Tuesday, November 18, 2014.
The original agreement 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
lic
MEMORANDUM
Date: November 21, 2014
To: Mary-Jo Brock, Executive Secretary
County Manager's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Agreement between Collier County and Economic
Incubators, Inc.
Attached for your records, please find a copy of the document referenced
above, (Agenda Item #11C) approved by the Board of County Commissioners
on November 18, 2014.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment (1)
I1C
AGREEMENT BETWEEN COLLIER COUNTY,FLORIDA
AND
ECONOMIC INCUBATORS, INC.
This AGREEMENT is made and entered into as of this 1s` day of October, 2014, 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").
RECITALS:
WHEREAS, the COUNTY enjoys broad Home Rule Powers, which include the authority
to enter into agreements to enhance economic development within Collier County; and
WHEREAS, Section 125.045, Florida Statutes (County economic development powers)
provides, in part, as follows:
"(1) The Legislature finds and declares that this state faces increasing
competition from other states and other countries for the location and retention of
private enterprises within its borders. Furthermore, the Legislature finds that there
is a need to enhance and expand economic activity in the counties of this state by
attracting and retaining manufacturing development, business enterprise
management, and other activities conducive to economic promotion, in order to
provide a stronger, more balanced, and stable economy in the state; to enhance
and preserve purchasing power and employment opportunities for the residents of
this state; and to improve the welfare and competitive position of the state. The
Legislature declares that it is necessary and in the public interest to facilitate the
growth and creation of business enterprises in the counties of the state.
(2) The governing body of a county may expend public funds to attract and
retain business enterprises, and the use of public funds toward the achievement of
such economic development goals constitutes a public purpose. The provisions of
this chapter which confer powers and duties on the governing body of a county,
including any powers not specifically prohibited by law which can be exercised
by the governing body of a county, must be liberally construed in order to
effectively carry out the purposes of this section.
(3) For the purposes of this section, it constitutes a public purpose to expend
public funds for economic development activities, including, but not limited to,
developing or improving local infrastructure, issuing bonds to finance or
refinance the cost of capital projects for industrial or manufacturing plants,
leasing or conveying real property, and making grants to private enterprises for
the expansion of businesses existing in the community or the attraction of new
businesses to the community"; and
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WHEREAS, COUNTY has adopted a Soft Landing Accelerator\Incubator Development
Strategy with the specific purpose to greatly enhance the employment opportunities and careers
of Collier County citizens; and
WHEREAS, COUNTY is the Grantee under Department of Economic Opportunity Grant
Agreement #SLOO7 ("DEO Agreement"), for the receipt of a state grant in the amount of
$2,500,000 to facilitate the COUNTY'S Soft Landing Business Accelerator Project and this
Agreement with EII, which is attached hereto as Exhibit"M"; and
WHEREAS, the COUNTY recognizing advantages of having a not-for-profit entity to
administer the Collier Soft Landing Accelerator\Incubator Development Strategy (hereinafter
referred to as the "Proiect") and through discussions with Southwest Florida Workforce
Development Board, Inc. ("SWFLWDB") having the competency and regional capabilities to
successfully manage the Project, the County finds it is in the best interest to engage EII as the
Administrative Entity pursuant to the terms and conditions set forth below, as EII is an
independent not-for-profit corporation established through the efforts of SWFLWDB and which
will be managed by SWFLWDB through a contractual agreement with EII.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, COUNTY and EII agree as follows.
ARTICLE I
SCOPE OF SERVICES AND FUNDING SOURCE
EII shall administer the Project for COUNTY by providing the services and activities
described in Exhibit "A", Scope of Services, which is attached hereto and incorporated herein as
if fully set forth below.
The Project's first annual budget is set forth in Exhibit "B", which is attached hereto and
incorporated herein as if fully set forth below. This budget is conditioned upon Collier County
receiving appropriated funds from the STATE for the Project.
ARTICLE II
ADMINISTRATIVE ENTITY/FISCAL AGENT AND GOVERNANCE
The parties agree that, subject to the provisions of this Agreement, EII shall serve as the
Administrative Entity for the Project for the Term (as defined below) of this Agreement. The
role and scope of the "Administrative Entity" is delineated in Exhibit "G" which is attached
hereto and incorporated herein by this reference. Oversight and policy direction of the Project
shall be provided at all times by the Collier County Board of County Commissioners ("BCC")
until such time as a permanent governance structure similar to the advisory board described in
Exhibit"I" is established and EII has been provided written notice of the same.
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The parties further agree and acknowledge that COUNTY is and will remain the Fiscal
Agent of all public funds garnered for the purposes of this Project throughout the life of this
Agreement. The role and scope of the "Fiscal Agent" is delineated in Exhibit "H" which is
attached hereto and incorporated herein by this reference. All local, state and Federal funds
received for this Project shall be processed by COUNTY, excluding any grants received by EII
which shall not require COUNTY processing.
ARTICLE III
PERIOD OF AGREEMENT
This Agreement shall be effective upon execution by both parties and shall cover services
provided for the period (the "Term") from October 1, 2014 ("Term Commencement Date") to
September 30, 2015 ("Term End Date"). This Term shall automatically renew and be extended
for one additional year on the same terms and conditions herein unless either party gives the
other written notice of its intent not to renew at least 30 days prior to the Term End Date. At
least 60 days prior to Term End Date,the parties will meet to consider what changes, if any, need
to be made to the Agreement including, without limitation, the following fiscal year's Scope of
Services and Payment Schedule. This Agreement is subject to approval by the Department of
Economic Opportunity ("DEO"). In the event this Agreement is not approved by DEO, the
parties shall have a period of twenty (20) days to negotiate and agree upon an amendment to this
Agreement to address any reasons for DEO disapproval or conditions imposed by DEO. In the
event the parties are unable to finally agree upon an amendment for said purpose in the twenty
(20) day period, either party may terminate this Agreement by written notice to the other party.
Notwithstanding the Term of this Agreement, Ell shall not be obligated to commence activity of
services hereunder until EII receives Initial Funding.
ARTICLE IV
CONSIDERATION AND PAYMENTS
This Agreement shall not exceed $1,480,929 which shall be paid by COUNTY, to
reimburse the Administrative Entity for its eligible Project Costs and Administrative Fee. For its
activity under this Agreement, County shall pay to EII an annual Fixed Administrative Entity
Fee (the "Administrative Fee") of Fifty Thousand Dollars ($50,000.00) which will be paid in
four (4) equal quarterly payments of$12,500.00. The Administrative Entity duties as described
in Exhibit A and Exhibit G will be demonstrated by the submission of a Quarterly Project
Activity Report as provided in Exhibit D and a Request for Payment Form, Exhibit C
(collectively "Quarterly Payment Request"). Quarterly Payment Requests for the
Administrative Fee shall be provided to the COUNTY on or before 15 days following the end of
the COUNTY fiscal year quarter. Payments of the Administrative Entity Fee shall be made by
COUNTY to EII in strict accordance with provisions of the Local Government Prompt Payment
Act. The Administrative Fee shall be paid from COUNTY funding.
For its activity under this Agreement relative to Accelerator development, construction,
equipment acquisition and installation, personnel, lease, operating and maintenance costs and
professional services, (collectively, "Project Costs"), COUNTY shall on a monthly basis
reimburse EII for eligible costs. All Project Costs to be reimbursed from STATE funding shall
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be submitted in accordance with customary STATE procedures and in a form acceptable to both
the STATE and COUNTY. All Project Costs to be reimbursed from COUNTY funding shall be
submitted in accordance with customary COUNTY procedures and in a form acceptable to
COUNTY as outlined in Exhibits "B", "C" and "D", which are attached hereto and incorporated
herein by this reference. EII will submit requests for reimbursements on a monthly basis.
Requests will be submitted by the 15th of the following month. Reimbursements shall be made
by COUNTY to EII in accordance with provisions of the Local Government Prompt Payment
Act. COUNTY shall not unreasonably withhold or delay funding any cost reimbursement
request of EII for Project Costs. In no case will the total amount of COUNTY funding for the
Project exceed $500,000.00 in COUNTY's Fiscal Year 2015; provided, however, that it is
understood by the parties that any other Project Costs in excess of that amount would be
reimbursed from other sources including, without limitation, STATE appropriations and private
funding.
The DEO Agreement provides for an advance of funding, as supported by State Statute, in the
amount of$ 495,000.00. The COUNTY shall pay $395,000.00, ("Initial Funding") to EII, as
expeditiously as possible and no later than 30 days after the COUNTY's receipt of Initial
Funding. The Initial Funding will be used by EII for cash flow requirements of both Accelerator
operations and development. With the completion of Accelerator site development in the 2nd
quarter the cash balance requirement of EII will be reduced. In order to right size the cash
balance, beginning July 1, 2015, monthly reimbursements will be adjusted downward as needed
to right size EII cash balance by August 30, 2015. It is anticipated that the balance will be
reduced to approximately one-month's anticipated operating cost. Continued adjustments will be
made to reduce the cash balance through an orderly spend down of the remaining fund balance,
with the objective being a minimal fund balance when the program budget is reconciled at the
end of the contract period.
Eligible operating expenses incurred to provide services consistent with the Scope of
Services described in Exhibit "A" are outlined in Exhibit "B". STATE or Private funds may be
expended; however no STATE or COUNTY funds will be expended for EII's purchase of
prepared food, beverages or entertainment costs or in support of unapproved expenditures and
functions. Costs associated with culinary activities may include food staples and other food
items necessary for operations. Private funds may be expended for hospitality purposes which
may include purchase of alcohol.
Pursuant to its contract with STATE, COUNTY's obligation to reimburse EII under this
Agreement is contingent upon funds appropriated by COUNTY or the STATE's funding
commitments to COUNTY. Within 48 hours of its awareness of a funding shortfall, COUNTY
shall notify EII if there will be a shortfall in funding which will impact payments pursuant to this
Agreement.
The components comprising the budgeted Project Funds are delineated in Exhibit"B". It
is specifically understood by the parties as follows:
(a) The Project Funds will be used solely for the Project Costs invoiced to COUNTY for
expenses accruing or incurred during the term of this Agreement and will be provided on
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a reimbursement basis upon receipt of an invoice and documentation described herein,
with exception of the Initial Funding. EII shall not use the Project Funds for any of the
following expenses.
(1) Lobbying the Legislature, the Courts, or any state agency of the State of
Florida; or
(2) Except for those items set forth herein or in the budget, administration of the
Project, in excess of the Administrative Fee; or
(3) Except for those items pre-approved by the COUNTY, Project Costs incurred
before the start date of the Agreement.
(b) Any Project Funds not expended for this Project will be forfeited to COUNTY.
(c) Any expenditure in connection with the Project that exceeds the total amount of the
Project Funds shall be the sole responsibility of EII.
ARTICLE V
ACCOUNTING RECORDS
EII and any of its subcontractors providing any services required to be performed by EII
under this Agreement shall retain and maintain all records and make such records available for
an audit as may be requested. Records shall include independent auditor working papers, books,
documents, and other evidence including, but not limited to, vouchers, bills, invoices, requests
for payment, and other supporting documentation, which, according to generally accepted
accounting principles, procedures and practices, sufficiently and properly reflect all program
costs expended in the activity of this Agreement. The records shall be subject at all times to
inspection, review, or audit by state personnel of the Department of Economic Opportunity
(DEO), Office of the Auditor General, Chief Financial Officer, Office of the Chief Inspector
General, the Comptroller, the Clerk, or other personnel authorized by COUNTY and copies of
the records shall be delivered to COUNTY upon request.
EII will comply in all material respects with all statutory audit requirements, including
Section 215.97, Florida Statutes, and those found in Exhibit "K", "Special Audit Requirements",
which is attached hereto and incorporated herein by this reference. Requirements for compliance
with the audit and monitoring requirements required in this Agreement and Exhibit "K" will be
considered a legitimate Project Cost and eligible for reimbursement as such.
Expenditures of State funds in accordance with this Agreement shall be in compliance
with laws, rules and regulations applicable to expenditures of State funds, including, but not
limited to, the Reference Guide for State Expenditures found at
www.myfloridacfo.com/aadir/reference_;uide/
This Agreement may be charged only with allowable Project Costs resulting from
obligations incurred during the term of the Agreement. Any balance of unobligated cash must be
refunded to COUNTY.
EII will account for Business Income from all sources and will report all income earned
by the Project to COUNTY. EII will administer such Business Income according to the
approved Project budget. "Business Income" for purposes of this Agreement is defined to
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include income from service fees, rental or usage fees; but shall specifically exclude any and all
private contributions (in-kind or cash).
ARTICLE VI
FINANCIAL STATEMENTS
EII shall submit to COUNTY audited financial statements relating to the Project covering
the entire period of this Agreement. Such statements will include, all financial statements
including, the operating activity and fund balance in sufficient detail to note private and public
funding sources, major expenditures, and overhead allocations. The statements shall be
submitted within one hundred twenty (120) days after they have been made available by EII's
contracted outside audit firm for each of EII's fiscal years covered by this Agreement and shall
comply with Generally Accepted Accounting Principles (GAAP).
ARTICLE VII
INDEMNIFICATION
To the extent allowed by Florida law, EII shall indemnify, defend, and hold COUNTY
and STATE and its agencies harmless from all claims, suits,judgments, or damages to the extent
the same arise from the negligence of intentional misconduct of EII in its activity as the
Administrative Entity of the Project pursuant to this Agreement. EII's undertaking pursuant to
this Article does not constitute consent waiver of sovereign immunity nor consent to be sued by
third parties.
To the extent allowed by Florida law, COUNTY shall indemnify, defend, and hold EII
and STATE and its agencies harmless from all claims, suits,judgments, or damages to the extent
the same arise from the negligence of intentional misconduct of COUNTY in the performance as
the Fiscal Agent of the Project pursuant to this Agreement. COUNTY's undertaking pursuant to
this Article does not constitute waiver of sovereign immunity nor consent to be sued by third
parties.
ARTICLE VIII
TERMINATION
Termination at Will: This Agreement may be terminated at will by either party by giving
a minimum of thirty (30) days' prior written notice of such intent specifying the effective date
thereof to the other party.
Termination for Default: Each of the parties hereto shall give the other party written
notice of default hereunder and shall allow the defaulting party not less than five (5) days from
the date of receipt of such default notice to cure said default. In the event the non-defaulting
party fails to timely cure the default, the non-defaulting party may terminate this Agreement by
written notice to the defaulting party.
Upon termination the annual Administrative Fee will be prorated and paid to EII
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conditioned upon satisfaction of all applicable terms of this Agreement. Upon such prorated
payment, no further remuneration shall be due or owed to EII; provided, however, that EII shall
be entitled to appropriate reimbursement of Project Costs accruing or incurred through the date
of termination and EII shall return any Initial Funding not otherwise applied to eligible Project
Costs.. All nonexpendable property, purchased under this Agreement using Project Funds, shall
be returned to COUNTY. Termination notices, as well as all other notices required herein, shall
be considered received by EII and COUNTY as provided for in Article XXIX of this Agreement.
ARTICLE IX
STATE SPECIFIC COMPLIANCE
The STATE and the COUNTY have entered into the DEO Agreement. EII is not a party
to the DEO Agreement. The COUNTY and EII recognize and acknowledge that the DEO
Agreement imposes the following requirements and deliverables upon the COUNTY with
respect to the COUNTY's receipt of the grant provided for therein:
Requirements: Paragraphs F.11, Funding Requirements of Section 215.971(1),
F.S., G. Grantee Payments, H Final Invoices, I Return or Recoupment of Funds, K
Audits and Records, Q Nonexpendable Property, and Attachment 2 Audit
Requirements; and
Deliverables: Deliverable 2: 1. Site selection for West and East Collier County
Accelerator space, review and approval; 2. Western Collier County Accelerator
furnishing procurement; 3. Eastern Collier County Accelerator (Immokalee)
design contractor procurement; 4. Western Collier County Accelerator (Naples)
pilot; 5. Western Collier County Accelerator staff acquisition of Director,
Administrative Assistant, and intern (2 FTE and 1 Part-time Intern); 6. Western
Collier County Accelerator pilot launch and Accelerator services operational; 7.
Review and selection of Administrative Entity and approval of contract, before
January 15, 2015.
Deliverable 3: 8. Western Collier County Accelerator Grand Opening; 9.
Completion of 90% of the Permit Ready Construction Drawings for Eastern
Collier County Accelerator; 10. Maintain existing staff (2 FTE and 1 Part-time
Intern); 11. Hire Web Developer Social Media Marketer (1 FTE); 12. Hire
Director, Regional Global Soft Landing Specialist (1 FTE), before April 15, 2015.
Deliverable 4, 13. Eastern Collier County Accelerator Ground Breaking; 14.
Obtain Building Permit and construction contract for construction of Eastern
Collier County Accelerator; 15. Recruit 1 part-time Eastern Collier County
Accelerator intern, 16. Hire Eastern Collier County Accelerator Director of
Facilities & Compliance; (1 FTE), 17. Hire Eastern Collier County Accelerator
Maintenance Specialist; (1 FTE), 18. Maintain existing staff(4 FTE and 1 Part-
time Intern), before July 15, 2015.
Deliverable 5: 19. Grand-Opening Eastern Collier County Accelerator; 20.
Maintain existing staff (6 FTE and 2 Part-time Intern), before September 30,
2015, delineated in Exhibit "M", which is attached hereto and incorporated herein
by this reference.
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While EII is not bound by the terms of the DEO Agreement, EII agrees to reasonably
cooperate to support the COUNTY with respect to the STATE specific requirements to
foregoing requirements and deliverables.
ARTICLE X
STATEMENT OF ASSURANCE
During the Term of this Agreement, EII assures COUNTY that EII will operate in
compliance with Title VII of the 1964 Civil Rights Act, as amended, the Florida Civil Rights Act
of 1992, as amended, and the Collier County Human Rights Ordinance (Ordinance No. 00-37),
in that EII does not, on the grounds of race, color, national origin, religion, sex, age, handicap or
marital status, discriminate in any form or manner against EII's employees or applicants for
employment. Further, EII assures COUNTY of EII's compliance with the Americans with
Disabilities Act of 1990, as amended, as applicable. EII understands and agrees that this
Agreement is conditioned upon the veracity of such statements of assurance. Furthermore, EII
assures COUNTY that it will comply with Title VI of the Civil Rights Act of 1964 when federal
grant(s) is/are involved. Other applicable Federal and State laws, Executive Orders, and
regulations prohibiting discrimination as hereinabove referenced are included by this reference
thereto. This statement of assurance shall be interpreted to include Vietnam-Era Veterans and
Disabled Veterans within its protective range of applicability.
ARTICLE XI
INSURANCE
EII shall, pursuant to the requirements of Exhibit "F", Insurance Requirements, attached
hereto and by reference made a part hereof, procure and maintain throughout the period of this
Agreement on behalf of itself and COUNTY, the insurance provided for in Exhibit"F".
All insurance shall be obtained from responsible companies duly authorized to do
business in the State of Florida. All liability policies shall provide that COUNTY is an
additional insured party as to the action of EII, its employees, agents, assigns, and
subcontractors, performing or providing materials and/or services to EII during the Term of this
Agreement and also shall contain a Severability of Interest provision. Every insurance policy
must provide for up to thirty (30) days prior written notice to COUNTY of any cancellation,
intent not to renew, or reduction in the policy coverage. EII shall provide COUNTY a Certificate
of Insurance documenting such coverage within thirty (30) days of execution of the Agreement
by COUNTY.
ARTICLE XII
CONFLICT OF INTEREST
EII represents that it presently has no interest, and shall acquire no such interest, financial
or otherwise, direct or indirect, nor engage in any business transaction or professional activity; or
incur any obligation of any nature which would conflict in any manner with the delivery of
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service required hereunder. EII shall not retain any individual or company with whom EII or any
individual member thereof has a financial or other conflict of interest, nor shall EII, in the
fulfillment of this Agreement, do business with a for-profit entity in which EII or any individual
member has a financial or other interest therein without receiving prior written authorization by
COUNTY.
ARTICLE XIII
DRUG FREE WORKPLACE
EII shall administer, in good faith, a policy designed to ensure that EII's employees,
agents and subcontractors are free from the illegal use, possession, or distribution of drugs or
alcohol.
ARTICLE XIV
COMPLIANCE
EII shall comply in all material respects with the requirements of all federal, state, and
local laws, rules, codes, ordinances and regulations pertaining to this Agreement.
ARTICLE XV
ASSIGNMENT
This Agreement is personal to EII, and may not be assigned or otherwise transferred
without the prior written consent of COUNTY.
ARTICLE XVI
WAIVER
A waiver of any obligation or default by either party shall not be construed to be a
continuing waiver of other defaults or non-performance of the same provision or operate as a
waiver of any subsequent default or non-performance of any of the same terms, covenants, and
conditions of this Agreement. The payment or acceptance of funds for any period after a default
shall not be deemed a waiver of any right or acceptance of defective performance.
ARTICLE XVII
NOTICE
All notices and other communications required or permitted hereunder shall be in writing
and shall be sent by hand delivery, certified mail, return receipt requested, or by a nationally
recognized overnight delivery service, and addressed as follows:
As to EII:
Economic Incubators, Inc.
c/o Southwest Florida Workforce Development Board, Inc.
Attn: Joe Paterno, Executive Director
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9530 Marketplace Road, Suite 104
Fort Myers, FL 33912
With copy to:
Coleman, Yovanovich & Koester, P.A.
Attn: Gregory L. Urbancic, Esq.
4001 Tamiami Trail N., Suite 300
Naples, FL 34103
As to County:
Collier County
Attn: County Manager
Harmon Turner Building
3299 East Tamiami Trail, Suite 200
Naples, Florida 34112
With copy to:
County Attorney
Harmon Turner Building
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
Notice shall be deemed to have been given upon personal delivery if hand delivery or on the
next successive business day to the date of the courier waybill if sent by nationally recognized
overnight delivery service.
ARTICLE XVIII
RETURN OF FUNDS
EII hereby acknowledges that it understands that the STATE provided Project Funds
appropriated in Fiscal Year 2014-2015 by the State of Florida are subject to be returned if
requested by the Governor of Florida.
ARTICLE XIX
SEVERABILITY
In the event any section, sentence, clause, or provision of this Agreement is held to be
invalid or illegal, the remainder of the Agreement shall not be affected by such invalidity or
illegality and shall remain in full force and effect.
ARTICLE XX
PROJECT PUBLICITY
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EII being a not-for-profit corporation receiving public funding or non-monetary
contributions through COUNTY shall exercise a good faith effort in recognizing COUNTY for
its contribution in all promotional materials relating to the Project and at any event or workshop
for which COUNTY funds are allocated. Any news release or other type of publicity must
identify the BCC as a funding source. In written materials, the reference to COUNTY must
appear in the same size letters and font type as the name of any other funding sources.
In addition, any development project announcement, ceremonial business opening, or
publicity event resulting from efforts of EII pursuant to this Agreement, and particularly those
projects induced with COUNTY funded financial incentives or other contributions, will be
planned in cooperation with the COUNTY for purposes of coordinating COUNTY's official
COUNTY protocol and public recognition. Prior notification to the two Departments for such
events will be no less than 15 working days whenever possible, and potential prospects will be
made aware of COUNTY's publicity protocol before final inducement with any incentive
packages or contributions.
ARTICLE XXI
SURVIVABILITY
Any term, condition, covenant or obligation which requires action by either party
subsequent to termination of this Agreement shall remain enforceable against such party
subsequent to such termination.
ARTICLE XXII
NO THIRD PARTY BENEFICIARIES
This Agreement is solely for the benefit of COUNTY and EII, and no right or cause of
action shall accrue upon or by reason hereof, to or for the benefit of any third party. No third
party is an intended beneficiary so as to entitle that person to sue for an alleged breach of this
Agreement. Nothing in this Agreement either express or implied is intended or shall be
construed to confer upon or give any contractor, bidder, or other vendor, or any of their officers
or employees, or any other person, corporation or governmental entity other than the parties
themselves, any right, remedy, or claim under or by reason of this Agreement.
ARTICLE XXIII
POLITICAL ACTIVITY
EII shall not engage, participate or intervene in any form of political activity or campaign
on behalf of, or in opposition to, any candidate for public office.
ARTICLE XXIV
MERGER; MODIFICATIONS
This writing embodies the entire agreement and understanding between the parties hereto
and there are no other agreements and/or understandings, oral or written, with respect to the
subject matter hereof, that are not merged herein and superseded hereby. This Agreement may
11
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not be modified, amended, extended, or canceled, verbally or by conduct of the parties, but only
by a written instrument executed by COUNTY and EII. Similarly, no contract which purports to
affect the terms of this Agreement shall be valid as it affects this Agreement, unless in writing
and executed by COUNTY and EII. Any program modification must be requested by EII at least
ninety(90) days prior to the end of the period of this Agreement.
ARTICLE XXV
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by Florida law, or the laws, rules, and regulations of
the United States with respect to any services funded by the United States Government.
In the event of a dispute under this Agreement, the parties shall first engage in non-
binding mediation, with each party sharing equally in the cost. Following an unsuccessful
conclusion of this procedure, either party may file an action for appropriate relief in the Circuit
Court of Collier County, which shall be the sole and exclusive venue for any dispute arising
under this Agreement. In the event of litigation, each party shall bear its own attorneys' fees and
legal costs.
ARTICLE XXVI
SUBCONTRACTS
Except as reflected on Exhibit "H", EII: shall be responsible for all work performed and
all expenses incurred for the Project subject to reimbursement.
(a) EII may, as appropriate and in compliance with applicable laws, subcontract the
delivery of the services for the Program, provided however that EII will be solely liable
to the subcontractor for all expenses and liabilities incurred during the contract subject to
appropriate reimbursement pursuant to this Agreement.
(b)Any and all subcontracts EII executes for the Program shall include provisions
whereby EII and the subcontractor agree to abide by all local, state and federal laws.
(c)Audit requirements in Exhibit"K", which is attached hereto and incorporated herein
by this reference, must be included in any and all subcontracts EII executes for the
Program.
(d) Articles V, X, XI-XIII, XX, XXVIII-XXX. and XXXI-XXXIX of this Agreement
must also be included in all sub-contracts.
ARTICLE XXVII
INDEPENDENT CONTRACTOR
EII is acting in the capacity of an independent contractor and not as a COUNTY
employee in the performance of this Agreement. EII acknowledges that COUNTY is not
responsible for withholding and filing national or state taxes or other payroll withholdings on
behalf of EII. EII further acknowledges that neither EII nor the employees of EII will participate
in or receive any employee benefits, including health insurance, retirement benefits, 403(b) or
457 plans or worker's compensation benefits provided through COUNTY.
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ARTICLE XXVIII
FLORIDA SINGLE AUDIT ACT
EII acknowledges that, by entering this Agreement, it is a "sub-recipient" within the
meaning of the Florida Single Audit Act, and it is subject to the provisions thereof, as well as the
rules of the Department of Economic Opportunity, the Chief Financial Officer of the State of
Florida, Offices of the Chief Inspector General and the Auditor General of the State of Florida
related thereto. For that reason,
a. EII shall allow COUNTY, DEO, the Chief Financial Officer, the Offices of the Chief
Inspector General, and the Auditor General access to the Contractor's records and the
Contractor's independent auditor's working papers as necessary to comply with the
requirements of the Florida Single Audit Act;
b. EII shall notify COUNTY if it becomes subject to a state single audit or project
specific audit pursuant to the Florida Single Audit Act; and
c. EII shall comply with the other requirements of the Florida Single Audit Act including
providing to COUNTY a copy of every fiscal year audit conducted during the contract
term years of this Agreement.
d. EII is subject to the requirements under Catalog of State Financial Assistance (CSFA)
number 40.012 Collier County CSFA number. For information regarding the Florida
Single Audit Act, including the CSFA, EII should access
https://apps.fldfs.com/fsaa/catalog.aspx.
ARTICLE XXIX
PUBLIC ACCESS TO RECORDS
EII acknowledges that COUNTY is subject to the provisions of Chapter 119, Florida
Statutes relating to public records and that reports, invoices, and other documents EII shall
submit to COUNTY under this Agreement may constitute public records for the purpose of the
Florida Statutes. EII shall cooperate with COUNTY regarding COUNTY's efforts to comply
with the requirements of Chapter 119, Florida Statutes.
ARTICLE XXX
RECORDS RETENTION
EII shall retain all grant records and shall ensure the retention of its independent auditor's
working papers for a period of seven (7) years from the date of submission of the Project
Activity Report (Exhibit "D") linked to the final end of the contract term. If any litigation, claim,
negotiation, audit, or other action involving records has been started before the expiration of the
seven (7) year period, the records shall be retained until completion of the action and resolution
of all issues which arise from it, or until the end of the seven (7) years period, whichever is later.
13
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ARTICLE XXXI
NO PLEDGE of CREDIT
EII has no authority to, and shall not, pledge the credit of COUNTY or the STATE, or
purport to make COUNTY or the STATE a guarantor of payment or surety for any Agreement,
debt, obligation,judgment, lien or any form of indebtedness.
In no event shall any obligation of COUNTY under this Agreement be or constitute a
general obligation or indebtedness of COUNTY, a pledge of the ad valorem taxing power of
COUNTY or a general obligation or indebtedness of COUNTY within the meaning of the
constitution of the State or any other applicable law.
ARTICLE XXXII
COMPLIANCE with LAW
EII agrees that all acts to be performed by it in connection with this Agreement shall be
performed in strict conformity with all applicable local, state, and federal laws and regulations.
ARTICLE XXXIII
MINORITY AND SERVICE-DISABLED VETERAN VENDORS
EII is encouraged to use small businesses, including minority and service-disabled
veteran businesses as subcontractors or sub-vendors under this Agreement. The directory of
certified minority and service-disabled veteran businesses can be accessed from the website of
the Department of Management Services, Office of Supplier Diversity. EII shall report to
COUNTY on a monthly basis its expenditures of the Project Funds with minority and service-
disabled veteran businesses. The report shall contain the names and addresses of the minority
and service-disabled veteran businesses; the aggregate dollar figure disbursed that quarter for
each business; the time period; type of goods or services; and the applicable minority code. If no
expenditures were made to minority or service-disabled veteran businesses, EII shall submit a
statement to this effect.
ARTICLE XXXIV
NON-DISCRIMINATION; ANTI-HARASSMENT
EII 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. EII shall provide a
harassment-free workplace, with any allegation of harassment to be given priority attention and
action.
ARTICLE XXXV
PUBLIC ENTITY CRIME LIST; DISCRIMINATORY VENDOR LIST
To the extent required by the Florida Statues 287.134(3)(a), EII acknowledges notice of
the requirements of Sections 287.134(2)(b), Florida Statutes. To its knowledge, EII has not been
14
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lie
placed on the discriminatory vendor list described by Section 287.134, Florida Statutes. To the
extent required by Florida Statutes 287.133(2)(b), EII affirms that it is aware of the provisions of
Florida Statutes 287.133(2)(b).
ARTICLE XXXVI
UNAUTHORIZED ALIENS
COUNTY shall consider the knowing employment of unauthorized aliens as described by
Section 274A(e) of the Immigration and Nationality Act (codified at 8 U.S.C. §1324a), by EII or
any contractor or subcontractor cause for termination of this Agreement. EII shall insert a
provision in accordance with this Article in all subcontracts for services in relation to this
Agreement.
ARTICLE XXXVII
PROCUREMENT PROCEDURE
EII shall utilize the purchasing procedures contained in Exhibit "J" Project Purchasing
Procedures, attached hereto and by reference made a part hereof, for procurements made by EII
in fulfillment of the Scope of Services for the Project.
ARTICLE XXXVIII
STATE & REGIONAL FOCUS
The Project staff, services, and programs shall be broadly focused on supporting the
entrepreneurial and incubator needs of the State of Florida and 5 county SWFL region. Support
may include though not limited to, management of incubators and specific services on a fee or
non-fee basis, access to soft-landing global partnerships, activities and programs, and all Project
symposiums, events, and programs.
ARTICLE XXXIX
BUSINESS INCOME
The Project is expected to generate Business Income (as defined in Article V above)
which may include lease income, service fees and other miscellaneous revenue generated from
the Program's operations. Business Income will be managed, collected, recorded, reported and
retained by the Administrative Entity within the Project. Business Income is considered
unrestricted funds and may be used for program cash flow or for costs that are otherwise
allowable uses for STATE and COUNTY funds during the first year unless a waiver is
authorized. Business Income will not be required to offset any STATE or COUNTY funds
during the first year. In any subsequent year, Business Income will be used to support all
program costs. The use of Business Income will require the submission of a revenue reuse plan
approved by the Fiscal Agent. At the termination of this Agreement, any unspent Business
Income will be returned to the COUNTY or successor of the Administrative Entity.
15
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ARTICLE XL
BUDGET MODIFICATION
Modifications to the "Budget and Scope" may only be made if approved in advance. For
purposes of EII's operations as Administrative Entity, budgeted fund shifts by EII between line
items and Project components shall not be more than 10% and shall not signify or be construed
as a change in scope. Fund shifts that exceed 10% of a line item and a project component shall
only be made with Board approval.
SIGNATURE PAGE TO FOLLOW
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
16
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
ATTEST: - BOARD OF COUNTY COMMISSIONERS
DWIGHT F. BROCK CLERK OF COLLIER COUNTY, FLORIDA
,,;a , tip:
C.4110N„ eBy. 0,-.._
, °E Ty �+ Irman s OM HENNING, CHAD AN
Approved as to form and legality:
PC
Jennifer A. Belpe • Assistant County Attorney Vv
ATTEST: ECONOMIC INCUBATORS, INC.,
a Florida not-for-profit corporation
/ .,.........
'�..1oc,•• _ 1 _� By:
WITNE S , e Jose. Paterno, Vice President
%( ' G
WI "s
Item# 13
Agenda 11 '� �9
Date 1
Date 1\ Z` ‘‘.\RVQ
l 7 Li.-p,4 Clerk
11c
ACKNOWLEDGMENT OF ORGANIZATION, IF A CORPORATION
STATE OF: FLORIDA
COUNTY OF: COLLIER
The foregoing instrument was acknowledged before me this 1 1 day of'JO W ,2014,by J-ep11 PQ f oo t/1 1A%U t
(Date) (Name of officer title of officer or agent)
Of Economic Incubators, Inc. a Florida not-for-profit corporation,on behalf of the corporation,pursuant to the powers conferred upon said
officer or agent by the corporation. He/she personally appeared before me at the time of notarization, and i personally known tom or has
`r _ I
produced as identification(Type of identification) u/4 and did certify to knowledge of the matters stated in
the foregoing instrument and certified the same to be true in all respects.
�Y :0i..6.4;;;-; TRACY R.LANSGEHHY
pstn d and worn me(or firmed)before me this � of 2014. I^
le / p �ytp M.fAMA1 aSION N EE 1a6N67
0104 Commission Number:
(Nota Signature and Notary Seal)
f a a' ti,N5$ Commission Expiration Date 7481261 Vt'
(Name of Notary typed,printed or stamped)
**********************************************************************fie******
18
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EXHIBIT A
SCOPE OF SERVICE
FY2014- FY2015
ADMINISTRATIVE ENTITY: Economic Incubators, Inc.
PROGRAM: Collier Soft Landing Accelerator/Incubator Strategy
EII shall act as the Administrative Entity for the Collier Soft Landing
Accelerator/Incubator Strategy and will with reasonable promptness initiate startup
operations by hiring an Project Director to initiate general implementation of the BCC
adopted Business Plan for Collier County Innovation Accelerators which is attached as
Exhibit "E" and includes plans for establishment of a 1) Naples Soft-Landing Accelerator
and 2) an Immokalee Culinary Commercial Kitchen Incubator.
The designated officers of EII (serving as the Administrative Entity) exercise executive
oversight over the Project Director. EII, as the Administrative Entity, would provide all
required administrative support and management functions collaboratively with the
Project Director, who would generally be responsible for managing operations,
implementation of the Business Plan and providing accelerator and incubator services.
Public resources for executing the Project would flow through COUNTY, as the Fiscal
Agent, to the Administrative Entity as provided by Article IV of this Agreement.
Administrative Entity Functions include, but are not limited to, the following:
1) Hiring of the Accelerator management, staff and all associated human resource
functions including payroll, benefits, and insurance.
2) Management of leases 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.
3) Procurement of equipment, supplies, goods and services required consistent with
Exhibit"J"Project Purchasing Procedures.
4) Disbursement of resources and collection of rents and fees for service.
5) Administrating accounting controls and fiscal management (including submitting
Exhibit "L") for all assets and finances from Private contributions and Business
Income.
6) Provide four (4) quarterly Project Activity Reports as delineated in Exhibit "D" to
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11C
COUNTY for Project oversight discussion and/or program refinement.
7) Administer audit requirements as delineated in Exhibit"K".
Additional Services:
EII shall maintain and provide the necessary back-up information to document the delivery
of operational activities for the Project. The Quarterly Project Activity Report must
provide details for each period and at year end, documenting the delivery of the services in
the Project space, to its tenants and to its 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 number of new business spinoffs. The
Project Activity Reports should outline these efforts and quantify the results for the
reporting period. A summary of revenues and expenses is to be included as part of the
report.
Time is of the Essence:
Time is of the essence regarding the obligations, services, and functions set forth in this
Agreement. Any additional deadlines for completion of EII's obligation to timely provide
deliverables under this Agreement including but not limited to timely submittal of reports
are contained herein.
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EXHIBIT B
METHOD OF PAYMENT
FY2014—FY2015
ADMINISTRATIVE ENTITY: Economic Incubators, Inc.
PROGRAM: Collier Soft Landing Accelerator/Incubator Strategy
Payment to EII 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 related costs) 456,131
Director,Administrative Assistant,Web Developer Social Media Marketer,Director,Regional Global Soft Landing Specialist,
Maintenance Specialist,Director of Facilities&Compliance,and Interns
Leases/Facilities & Equipment: 207,110
Insurance: 36,550
IT/Web/Communications/Software/Utilities: 179,945
Professionals Services: (Includes but not limited to 48,025
Legal,Auditing,Mentoring,Marketing,and Compliance)
Travel, Conferences & Education: 23,035
Supplies and Miscellaneous Costs: (Includes but is not limited to general office and 30,133
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 limited to 450,000
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
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1 1 C
Total Contract Amount 1,480,929
Overall Year One Accelerator Program Budget: In the first year of the Accelerator Program,
two 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. EII will be responsible
for managing, staffing and operating both sites.
Expenditures Amount
EII: Western Collier Incubator establishment as well as management,staffing and
operations for both sites. : Director,Administrative Assistant,Web Developer Social Media Marketer,Director, 1480 929
Regional Global Soft Landing Specialist,Maintenance Specialist,Director of Facilities&Compliance,and Interns ,
County:Immokalee Culinary Incubator establishment and Contract Management 1,240,000
County:Incubator pilot phase(FY 14)management,operations and preliminary Immokalee
Incubator site selection&feasibility analysis. 70,000
Total Expenditures 2,790,929
Revenue/Sources
State Department of Economic Opportunity 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,; ;" Expenditures,= Remaining-,
Current
No, Budget,Category Budget Request" YTD Request, Balance
1 Personnel Costs: Director,Administrative 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 207,110
3 Insurance 36,550
4 IT/Web/Com/Util 179,945
5 Professional Services 48,025
6 Travel/Conf/Education 23,035
7 Supplies 30,133
8 Accelerator Facilities 450,000
Sub-Total Grant Eligible 1,430,929
9 Fixed Admin Fee(County Funded) 50,000
Total 1,480,929
I 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:
C-2
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INSTRUCTIONS FOR
REQUEST FOR PAYMENT FORM
1. General:
When requesting payment, EII 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 EII/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.
C-3
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EXHIBIT
C-4
o. Budget First Year
o. :Category Description • Budget
Salaries: Director,Administrative Assistant,Web Design Developer&Social Media Marketing,Director,Regional Global
I Personnel Coat Soft Landing Specialist,Maintenance Specialist,Director of Facilities&Compliance,and Interns 381,505
Taxes 29,185
Taxes-State 1,757
W/C-EE 961
Group Insurance 42,723
Persouud Cost ,.
2 Lease/Fac/Equp Bldg rep&mnt 15,300
Equipment lease 7,140
Facilities expense 40,800
Leases 116,500
Equip rep&mnt 6,120
Equipment ff off it (not capital 21 250
• Lease/Fac/Equi
I!f'I'O+A� '�
r..,
3 Insuraiirg �, Insurance-bldg/equip 23,800
Insurance-liability/external w/c 12,750
Insurance TotaE' �,,4.. 36,550
• ..IT/Web/Com/Uti
4 i " :', Backup services 3,825
Cloud services 10,200
Communications-cell 7,140
Communications-data 40,800
Communications-voice 9,180
Disposal 12,750
Help desk-outsourced 26,775
It/web outsourced 21,250
Software/virus 5,525
Utilities 31,025
Web site svc 5,610
Software&supp. 5.865
IT/Web/Ca t 5,8
ani "' .. 177,945'
Professional
5 gA,.t{l.At<•', Legal fees 5,312
Marketing 20,400
Mentoring services 17,000
Auditing&monitoring 5,313
.r.".,-FrafkSs➢tlg>A1 _ .. . ,;'.ala "
fiwrsnnn�a T th.E4''''',;=:`1,',1'3'',',-' , "Z,1s,. ' _ •.
C-4
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TaaVel/cd
6rannn•`s Conf&meet. 3,060
Travel 13,600
Education (,175
Tt9ivel/ConftEd'
• nnotinn Tatnl .. 23,035
7 Supplies .. Background 850
Bank charges 3,060
Drug screening 298
Dues&subscrip 850
Office supplies 13,600
Postage 5,100
Pnntm & ubl 6,375
Supplies Toha1, - 30,133'
8 Accelerator Naples-Admin Entity managed LIB improvements,equipment and related facility development expenditures
Farilitiec } 450,000
'Sized
9+. Xdminiat'ratinn Ell Adntinistratise Entity Fee 50,000
-Total
1 SRII 979
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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
1. a.Establish accounting controls,fiscal Director,Administrative 12,500
Submit management,and audit preparation Assistant, and intern on
12/30/15 b.Establish human resource functions board.
including payroll,benefits,and insurance
c.Facility Selection and lease for
Western Collier County Accelerator,
accomplished
2. a.Maintain accounting controls,fiscal
Submit management,and audit preparation Web Developer Social 12,500
3/31/15 b.Maintain human resource functions Media Marketer on board.
including payroll,benefits,and insurance Director, Regional Global
c. Secure lease for Eastern Collier Soft Landing Specialist
County Accelerator,accomplished on board.
d. Start procuring equipment and
furnishings for Western Collier County
Accelerator,as needed
3. a. Maintain accounting controls,fiscal
Submit management,and audit preparation Eastern Collier County 12,500
6/30/15 b.Maintain human resource functions Accelerator Director of
including payroll,benefits,and insurance Facilities &Compliance
c. Western Collier County construction, on board. Eastern Collier
improvements,and Grand Opening, County Accelerator
accomplished Maintenance Specialist on
d.Procure equipment and furnishings for board. Part-time Eastern
Western Collier County Accelerators,as
needed Collier County
Accelerator intern on
board.
4 a.Maintain accounting controls,fiscal Full staff(as identified 12,500
Submit management,and audit preparation above)
8/15/15 b.Maintain human resource functions
including payroll,benefits,and insurance
c. Eastern Collier County Accelerator
Open House,accomplished
II. PROBLEMS:
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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 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.
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EXHIBIT E
BCC APPROVED BUSINESS PLAN
A Business Plan for Collier County
Innovation Accelerators
Prepared by:
Marshall R. Goodman, Ph.D W3
Consultants
March 31, 2014
Collier County Accelerator Business Plan 1
:.'‘);
1 e
A Business l for Collier County
Innovation Accelerators
Introduction
Collier County has a unique opportunity to develop in partnership with
the private sector and the state of Florida, two focused and distinctive
business accelerators targeted at entrepreneurs looking to expand their
high growth companies through the development of new markets, new
joint venture partners, investment resources, and synergistic spaces that
allow them to efficiently and cost effectively grow their companies.
In a previous "Accelerator Feasibility White Paper" prepared for Collier
County, and in a study conducted by the Regional Economic Research
Institute at Florida Gulf Coast University, it was found that more than
sufficient demand exists for the establishment of incubators/
accelerators, and that they would bring forth a number of positives such
as a stronger competitive region, increased access to expertise,
resources, entrepreneurial education, greater foreign direct investment,
increased attractiveness to venture capital, and the expansion of
economic development efforts.
Indeed, Collier County is very well suited to emerge as an established
state staging portal for attracting entrepreneurs and international
business development, as evidenced by the strong relationships the
region has been building over the past year with the French government
Collier County Accelerator Business Plan 2
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and French innovation firms interested in business development in
Florida.
In addition, Collier County offers a strong overall environment in terms
of resources, expertise, and a high quality trained workforce for the
establishment of the Accelerators:
* Naples is currently ranked as the third wealthiest city in the U.S., and
has emerged as one of the primary wealth management centers in
North America.
* The greater Naples community has a very high concentration of
investment, legal, and international finance professionals.
* Naples is home to the state of Florida's only Angel Investment Fund
(Tamiami)which has demonstrated great success.
* Collier County is home to the highest concentration of current and
former Fortune 500 executives in the nation - one of whom is currently
serving as Governor of the state.
* Collier County is home to key industries such as hospital health care
management, medical manufacturing, informational technology and
enterprise software, and major agribusiness commercial operations.
* Collier County and SW Florida have established themselves as a
premier tourist, restaurant and entertainment destination, with a
thriving hospitality marketplace.
* The region is exceptionally well served with distinguished accredited
institutions of Higher Education with multiple campuses, tens of
thousands of enrolled students, professional and graduate degree
Collier County Accelerator Business Plan 3
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programs, and specialized medical and healthcare programs such as
University of Miami's Bascom Palmer Eye Institute, and the University of
Florida NCEF Pediatric Dental Center.
* Collier County also enjoys being a leader in the agribusiness research
field and is home to the the University of Florida's Southwest Florida
Research and Education Center, as well as a branch of their Institute
of Food and Agricultural Sciences.
Collier County Accelerator Business Plan 4
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Goals and First Steps: Creating an Innovation EcoSystem
In a succession of milestone decisions in 2013, the Collier County
Commission passed by unanimous vote a series of new powerful and
innovative economic development initiatives and strategies that would
enable the county to launch a number of economic programs. Theses
efforts are all aimed at greatly enhancing the employment opportunities
and careers for Collier citizens. A recent Commission decision to
support the conclusions of the "Collier County Accelerator Feasibility
White Paper", led the County to endorsed three recommendations: (1) to
aggressively pursue a wide variety of sources of funding to build the
long-term innovative infrastructure necessary to support start-up and
soft-landing companies in the county and region; (2) work to develop a
plan that would provide initial funding to begin operations; and (3)
strategically pursue international linkage opportunities and partnerships
in identified focal sector where Collier County has a clear and
substantive comparative advantage.
Following from the White Paper analysis, this business plan was
commissioned to articulate a plan for the development of two
distinctively different business accelerators in the County. One
Accelerator to be located in Naples Florida, so that it could close to the
heart of the business district. This Accelerator would be highly unique
in that is would seek to be designated by the National Business
Incubator Association as one of only 13 certified soft-landing
Accelerators in the nation. This would require having a core mission
that focused on the delivery of services to international companies
seeking to enter the Florida and U.S. marketplace. Additionally, this
Accelerator would seek to develop core competencies in key industry
verticals where Collier County already has strength in terms of numbers
Collier County Accelerator Business Plan 5
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of companies, entrepreneurs, and expertise. Two such areas would be
in health technology and tourism and hospitality.
The second accelerator would be targeted towards the eastern part of
the County centered around the city of Immokalee, and built upon the
world-class agribusiness that surrounds that area. This Accelerator
would focus on culinary innovation and emerging food technologies
within the agribusiness sector, devoted to the development of
innovative and new food and beverage products, packaging and
delivery.
Having a positive economic impact on the communities being served is
the primary goal of both Accelerators. Economic development and the
creation of jobs must be their core mission through the recruitment and
mentoring of innovation companies. In the end, the mission should be
to create an innovation ecosystem for high growth companies so that
they can develop relationships, partnerships, find venture capital, and
take root in Collier County and Florida.
The Accelerators would have a number of exceptionally positive
outcomes and impacts on the local economy and the region in general
including:
G. recruiting companies into Florida that create high value employment
opportunities for its citizens
H.attracting foreign direct investment
i. improving export opportunities for Florida companies
J. extending and expanding the superb brand recognition the region
currently enjoys
K. building new futures for young citizens who desire to stay in the
region and build their own business
Collier County Accelerator Business Plan 6
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L. creating a synergy with the region's educational institutions, and
serving as an important feeder into Florida Gulf Coast University's
Innovation-Hub Research Park
Collier County Accelerator Business Plan 7
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Getting Started - First Steps
Important first steps for the Accelerators would be to establish the
following:
2 Strategic Plan
A strategic plan that contains quantifiable objectives to achieve the
program mission and measures the projected impacts and outcomes
that include the following:
2.1 A mission for each accelerator that defines the accelerators role
in the community and that contains quantifiable objectives to
achieve the program mission.
2.2 Recruitment of Accelerator staff capable of achieving the mission
of the accelerator and expertise in helping companies grow, with
specific knowledge in soft-landing specialty services.
2.3 Build an effective board of directors committed to the
accelerators mission and to maximizing management's role in
developing successful companies.
2.4 Prioritize management time to place the greatest emphasis on
client assistance, including proactive advising and guidance that
results in company success and wealth creation.
2.5 Develop accelerator facility, resources, methods and tools that
contribute to the effective delivery of business assistance to
client firms and that address the developmental needs of each
company.
Collier County Accelerator Business Plan 8
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2.6Seek to integrate the accelerator program and activities into the
fabric of the community and its broader economic development
goals and strategies.
2.7 Develop stakeholder support, including a resource network, that
helps the accelerators program's client companies and supports
the incubator's mission and operations.
2.8Maintain a management information system and collect
statistics and other information necessary for ongoing program
evaluation, thus improving the Accelerators effectiveness and
allowing it to evolve with the needs of the clients.
3 Governance
It is recommended that Collier County serve as the fiscal agent for the
Accelerator project. All state, federal, and grant funds received for this
project should be received by the Collier Board of County Commission
and processed by the County Clerk's office. It is further recommended
that a contract be negotiated for execution with CareerSource
Southwest Florida to serve as the administrative agent for this project,
with a proposed administrative fee not to exceed 5% of the proposed
annual budget for the project.
CareerSource Southwest Florida brings many advantages to this project
from their expertise in employment and training, to the management of
multiple facilities spread throughout the five county Southwest Florida
area, to their 501(c)(3) status that allows them to accept private sector
contributions. As administrative agent, CareerSource would have the
Collier County Accelerator Business Plan 9
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responsibility to oversee and manage the day to day operations of the
Accelerators, including but not limited to: the hiring and oversight of the
Accelerator management and staff and all associated human resource
functions, management of leases and related real estate issues, as well
as oversight for all leasehold improvements and installations, the
purchase of equipment and supplies, and the disbursement of
resources and collection of rents and fees for service.
It is recommended that the County Commission appoints an Ad Hoc
Accelerator Advisory Committee composed of public and private
representative to provide guidance, support, and expertise to the
Accelerator project, and provide a semi-annual report to the
Commission regarding Accelerator performance. It is recommended
that 6 representatives of the public sector and 5 from the private sector
and or non-profit sector make up this 11 person Committee.
Suggested public sector representatives may include:
A Collier County Commissioner or designee
Director of CareerSource Southwest Florida or designee
Collier County Economic Development Director or designee Two
Collier county staff members or individuals capable of
representing one of more of the following business sectors: Smart
Health, Tourism/Hospitality, Agribusiness, Transportation, Real Estate,
Education
Suggested citizen representatives should include:
An individual from the banking venture capital industry An
individual from the development community
An attorney familiar with international business law and/or trade A
business representative from the greater Naples area
A business representative from the Immokalee area
Collier County Accelerator Business Plan 10
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4 Services & Locational Needs of the Accelerators
A. Naples Soft-landing Accelerator
The Naples Accelerator should be built on one core philosophy: to
provide an innovation ecosystem of professional support that helps
businesses surpass their goals by providing a "soft-landing" of
coordinated services and referrals.
As noted previously, there are presently only 13 certified designated soft-
landing accelerators in the nation, none of which are in Florida, so the
Naples Accelerator can play not only a major role for the County, but for
the State of Florida as well, serving as a "port of entry" for companies
that can be later referred to the portion of the state that best suites their
particular business model and needs. To achieve soft- landing
certification by the National Business Incubator Association - which can
be a two-year process with documented proof of provision of soft-
landing expertise and services - it is imperative that the Accelerator has
a well trained and experienced staff that maintains a global outlook and
offers a wide-range of resources to its clientele.
Services that may be provided would include, enterprise and business
plan evaluation and diagnosis, commercialization feasibility studies,
market channel analysis, pricing policies, integration of supply chains,
cost analysis, and other business services that a global high growth
clientele will need.
As an accelerator geared towards high growth companies, the
accelerator needs to be within a synergistic location, with premium
information technology support services provided through a network of
Collier County Accelerator Business Plan 11
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vendors that ensures that companies information technology needs are
met. Rents need to reflect a full service model, that provides companies
access not simply to space in which to operate, but to a range of
services that makes it is easy for them to quickly and efficiently set-up
operations and build their businesses. Rental agreements should range
from 3 month contracts to a maximum of two years. No companies
should be allowed to be incubated beyond the 2 year period without
approval of the Accelerator Board, since the overall goal is for
companies to use the Accelerator as a place to take root, not to become
rooted, so that space can be freed up for the next company that needs
support.
A-1 : Basic services to be provided should include:
M. Core office and standard office equipment, including furnishing.
N. A common reception area and message forwarding system.
o.A common conference room with state of the art conferencing
capability that is at a Cisco telepresence level with robot or mobility
capability.
P. A shared kitchen and full service break area with stocked
refreshments and snacks, so as to invite 24/7 usage.
Q. Professional support staff, including in-house web developer
informational technology professional, and a soft-landing expert.
Given the focus on high growth companies, world-class technology in
the Accelerator is not just a desire, it needs to be a must have. The
following type of informational technology services need to be
supported:
Collier County Accelerator Business Plan 12
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R.Access to cloud services.
s. Access to a data center network.
T.Access to 3-D Printing
u. Business continuity and disaster recovery
V.Access to 24/7 Information Technology Help Desk
w. Access to an Ecommerce website, shopping cart, and
hosting services included as part of an Accelerator service
bundle
Perhaps most importantly, given its soft-landing designation the
Accelerator needs to be able to provide either directly or indirectly
(through referral at additional cost to the company) a host of soft-
landing services including the following:
x.Translation services
Y. Language training
z. Domestic market research and entry assistance
AA. Introductions to financial capital and potential funders
BB. Intellectual property protection assistance
cc. Government regulation information and assistance
DD. Import/Export laws and regulation assistance
EE. Patent legal assistance
FF. Facilitation is obtaining business and driver's licenses
GG. Cultural training
HH. Immigration and visa assistance
ii.Housing assistance
JJ. Assistance with employment by assisting with the placement
of trailing spouses or partners
KK. Assistance with school selection and enrollment schedules
A-2: Suggested Locational Needs for Naples Soft-Landing Accelerator
Collier County Accelerator Business Plan 13
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The suggested location and space needs for the Naples Soft-landing
Accelerator include the following:
1 . The location should have excellent access via major roadways and
be close to the major business hubs within the region.
2. The location should have a "high tech" modern feel that will attract
companies and have an overall "Silicon Valley" campus feel.
3. The location should be close to amenities such as restaurants,
hotels, apartments, and shopping centers.
4. The location should have excellent access to high speed internet and
cable networks.
5. The location and space must meet all ADA requirements.
6. The location must have an excellent security system and plan
installed.
7. The space should be at least 3000 square feet expandable to 6000
square feet as demand requires.
8. The building and space must be accessible 24/7 to users.
9. The space should be in move-in ready condition, so that the
Accelerator can get started as quickly as possible once funding has
been approved and a staff hired. It is recommended that during any
interim period, that the Accelerator staff be allowed to use space within
the County's Economic Development offices.
Collier County Accelerator Business Plan 14
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10. The space should be prewired for high speed data connections
among a wide variety of users, and data closets.
11 . The space should have from 6-8 hard wall offices, space for kiosks
that have the capability of accommodating multiple users, a conference
room suitable for high tech presentations and a small reception area.
12. The space should meet a price-point for at least the first 2 years of
operation of no more than $10.00 per square foot.
13. The building or location should be able to provide additional
attractive amenities such as recreation facilities.
B-1 : Immokalee Culinary Accelerator Services & Locational Needs
The Immokalee Accelerator needs to provide production and assembly
space for culinary related businesses and provide shared office space
in an FDA approved and state licensed facility. The Accelerator space
should consist of a commercial kitchen with state-of-the art equipment
divided into different work stations with adjoining flexible office space
that allows for shared and co-working environments. The goal of the
culinary kitchen is to meet the needs of:
* Start-up food businesses in need of a licensed first facility
* Home-based businesses that wish to legalize and grow their operation
* Established businesses needing specialized kitchen equipment
* Established businesses looking to grow or reach a new market
Collier County Accelerator Business Plan 15
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* Food-Preneurs looking to experiment with new food products
processes and test items
* Food-Preneurs looking for a synergistic gathering place to meet other
like minded individuals
The Culinary Kitchen would utilize a large shared-use processing area
that enables a wide range of food products to be produced such as
vegetables, fruits, jams, jellies, soups, sauces, beverages, pies, cakes,
breads, seasoning blends, entrees side dishes, and candies. The
shared use area should be divided into 5 areas:
The "cold-process" area which would be designated for the preparation
and processing of produce in its raw state. Typical activities in this area
would include post harvest preparation, cleaning, peeling, size
reduction, and packaging all in a temperature controlled environment.
The "hot process" area that would provide a range of process
capabilities including blanching, steaming, cooking, roasting, and
baking.
The "dry process" area that would be devoted to equipment used for
producing items such as fruit pies, breads, cookies and other baked
goods, as well as seasoning blends, dehydrated fruits, vegetables, and
herbs.
A "cold assembly" area that would allow for limited packaging of
refrigerated, frozen or ambient products, with sealing, labeling and
shank wrapping equipment.
Collier County Accelerator Business Plan 16
lic ,
A "Kosher" section that would be certified for certain types of food
preparation that meet strict dietary requirements. Florida has the third
largest jewish population in the nation, with the vast majority of that
population living within a radius of 125 miles of the Immokalee facility, yet
there are a very limited number of facilities catering to this populations
culinary needs. As a result, this could become an important niche
market for Accelerator producers.
B-2: Locational Needs of Immokalee Culinary Accelerator
1 . A warehouse style facility suitable and adaptable for the
development of a culinary kitchen and capable of housing large pieces
of equipment in at least 5,000 sq. ft expandable over-time to 8,000 sq.
feet. A minimum of 1 ,000 sq. ft. should be shared office space. It is
estimated that a warehouse space that meets basic requirements on
power, sewer, and HVAC systems, would require an investment of
$1 ,300,000 to make necessary improvements, purchase and install
equipment, and receive licensing approvals.
2. A facility in close proximity to major roadways, airports and
convenient access to urban areas, that is strategically situated to serve
businesses throughout the SW Florida region.
3. A loading dock or level access doors and the ability for small and
medium vans and trucks to enter and exit the facility with ease.
4. A facility that has excellent security.
5. A facility where state-of-the-art fire safety equipment and systems
can easily be installed.
6. A facility that is ADA accessible
Collier County Accelerator Business Plan 17
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Accelerator Revenue and Cost Analysis
In Attachment A is a 10 year Pro Forma that articulates a revenue and
cost analysis for the Accelerator Project. Typically business
accelerators require start-up funds and time - time to recruit member
companies, develop services, and establish critical feeder linkages
and relationships. This period can typically take anywhere from 18-24
months before incubators/accelerators achieve a form of
sustainability, although most incubators/accelerators even after this
period require some form of public and private support. Indeed, more
than 90% of the nation's current incubators according to the National
Business Incubator Association receive some form of ongoing local
government/community financial support.
The Accelerator Project Pro Forma has been developed with the
assumption that after a two year phased start-up and infrastructure
building period, the Collier Accelerator's must be largely self-
sustaining, with positive cash flow, and positive end of the year fund
balances. These balances can serve both as reserves and for future
matching funds for additional public and private grant programs that
likely will present themselves in the future.
The Pro Forma has been built based on the following assumptions:
1 . That Collier County would make an initial investment of $250,000
a year in Fiscal Year 2014 and Fiscal Year 2015, and a sustaining
pledge based on performance of$100,000 per year for FY
2016-2023, with the understanding that the current Commission
cannot authorize funds beyond the current fiscal year.
2. That Collier County and regional SW Florida private and non-
profit sectors would be asked to match the County's contribution
Collier County Accelerator Business Plan 18
lie
of $250,000 in cash or in-kind contribution for the first two years,
$150,000 in FY 2016, and a sustaining contribution of$100,000 per
year for FY 2016-FY 2023.
3. There is a clear expectation that the Accelerator staff would
participate and help to lead fund-raising efforts and write and
annually submit competitive grant applications for additional
financial resources and support. Over a ten year period it is
expected that fund-raising through grants, sponsorships, and
endorsements would contribute $1 ,600,000 to the operation of
the Accelerators.
4. That the State of Florida would match the contributions of Collier
County and the private and non-profit sectors with a $2.5 million
grant in FY 2014. These funds would be allocated with
$2,000,000 going towards leasehold improvements, equipment, initial
lease payments, and costs associated with meeting all applicable
federal, state and local standards and licenses. The
remaining$500,000 will be used as seed funds for recruiting and
hiring a professional Accelerator staff in the first two years of
operation. Hired staff would need to recognize that after the 2 year
period of seed money is utilized that their employment tenure is
dependent on the Accelerators meeting their financial milestones.
It is expected that of the $2,000,000, the Immokalee Accelerator
would be allocated $1 ,300,000 for construction and equipment, and
the Naples Accelerator would be allocated $700,000 for equipment
and furnishings.
Collier County Accelerator Business Plan 19
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5. That the Naples IT Accelerator would seek to begin operation
as soon as June 2014, and therefore would have 6 months of
lease income in FY 2014. It is recommended that the Collier
County Commission and County Manager release 50% of the
requested $250,000 allocation immediately so that a contract
with CareerSource acting as the Administrative unit can be
negotiated and the process of hiring staff, securing a lease, and
marketing the incubator can begin in earnest.
6. It is estimated that the Immokalee Accelerator would require an
estimated 6 months of remodeling and equipment installation
and that it would not be operational until January 2015 at the
earliest, and therefore would contribute no income towards
operations in FY 2014.
7. That the staff for the Accelerator project would be phased in over
a two-year period, and would reach a compliment of 8 full-time
staff members assisted by various part-time and student intern
employees. These individuals would serve both Accelerator
facilities and be available to regional partners. Several staff
would have their permanent offices at one or the other facilities,
and would move freely between both facilities as the work
dictated.
It is recommended that the first hires be the Executive Director, the
Director of Soft-Landing Services, a Web Developer, and a Information
Technology Support Specialist who would primarily be based out of
the Naples Accelerator. Given industry standards and the competitive
nature of several of these positions, it is expected that these position
will be funded with a mixture of public, private, and income generated
dollars.
Collier County Accelerator Business Plan 20
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A second phase of hiring commencing in early FY 2015 would seek to
fill 3 position at the Immokalee Accelerator: Manager Immokalee
Accelerator, Director of Facilities & Compliance, and Maintenance
Specialist. The final hire in FY 2015 will be a Regional Global Soft
Landing expert with strong international experience in market areas
important to the region and the state.
8. All personnel salaries in the pro forma were matched with current
Collier County classification rates of pay, and benefits were
calculated to align themselves with best practice. All salaries in
the pro forma are adjusted for inflation over the 10 year period.
9. All operating costs are based on normal industry standards, and
factor in subcontracting out on a competitive base the cost of
providing 24/7 information technology backup, security, help desk
and maintenance for member companies. All operating costs in
the pro forma are adjusted for inflation over the 10 year period.
10. Rental rates are subject to meeting requirements where the
Naples Accelerator lease costs do not exceed a projected $10 sq.
foot in FY14-15, and in Immokalee do not exceed $2 sq. foot in
FY 15-16.
11 . Member rates for space at the Naples Accelerator are dependent
on the cost of the lease and maintenance. Lease rates include
use of space and all services of the accelerator, except for virtual
members who will only be charged for use of services. It is
expected that a range of membership plans will be proffered
to companies based on their desire for a single office, shared office
kiosk, or shared kiosk. Rates for use of space and
Collier County Accelerator Business Plan 21
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equipment at the Immokalee Accelerator will be based on an hourly
charge of use set annually. Individuals may select among several pay
plans or purchase blocks of time at a reduced rate. It is recommended
that market competitive rates be used which currently are between $15-
$20 per hour dependent on the type of equipment being utilized. For
purposes of this Pro Forma, an average rate of $10 per hour was used in
the calculation.
12. An assumed interest rate on end fund balances was used that
ranged from .5%-2% over the 10 year period and an inflation rate
on all personnel and operating costs ranged from 2%-3% over
the 10 year period.
13. Lease income for the Accelerators increases steadily over the
years as the Accelerators fill-up with clients and attract more
users and take on additional space with corresponding increases
in operating costs. In its fifth year of full operation it is projected
that the Accelerators will apply for and receive a Federal award
of$3,000,000 to move into a permanent Accelerator building as
part of a larger innovation project within the County. The
Accelerator would use $1 ,000,000 from its fund balance as a
match to complete this $4 million project, that greatly increases
the number and variety of companies it can serve.
Analysis
The pro forma revenue and cost analysis shows that with the help of the
seed funding from the County, the State, and the private and non-profit
sectors, that after the second year of operation, the Accelerators will be
generating a net positive cash flow. The Accelerators starts out with a
positive end fund balance (FY14: $767,886) and sustains and increases
Collier County Accelerator Business Plan 22
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these strong levels with the only dip in FY19 ($207,267) due to a
$1 ,000,000 contribution towards the construction of a new facility, but
quickly recoups those strong balances in subsequent years.
Over the 10 year period, personnel costs will average $793,033 per year
with operating costs averaging $458,151 per year for a total of
$1 ,251 ,184 in combined expense. Projected income from leases over
this period averages $953,237, with an additional average of$161 ,500
being generated from fees for services that the Accelerator would earn
from additional services provided to area companies for an average
annual revenue total of$1 ,114,737. This would mean an annual deficit
of $136,447 that would need to be raised, which underscores the
continuing importance of public, private, and non-profit fund-raising to
the Accelerator.
This type of sustained investment by the community offers a superb
Return on Investment (ROI) based on an econometric analysis
performed by the Southwest Florida Regional Planning Council
(SWFRPC) utilizing a standard Regional Economic Analysis Program
known as a REMI analysis. SWFRPC was asked by Collier County's
Business and Economic Development Office to analyze sets of
projected employment, equipment purchases, and construction data
over a 10 year period for both the Naples Soft-Landing Accelerator and
the Immokalee Culinary Incubator. The REMI results are shown in
Appendix Number B and C.
The Culinary Incubator would generate 63 new direct jobs, would create
48 indirect jobs and induced jobs for a total of 174 new jobs in Collier
County. The soft-landing Accelerator would create 149 new direct
jobs, plus an addition 54 indirect and induced jobs for a total of 203 new
jobs. Together, the two Accelerators create 377 total jobs. These jobs
Collier County Accelerator Business Plan 23
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generate a total of $22.97 million in new personal income during this 10
year period.
In addition, the REMI analysis shows that the Culinary Incubator would
generate after a 10 year period $17.7 million to the Gross County
Product (GCP) which is a measure analogous to the national Gross
Domestic Product. The Soft-landing Accelerator would contribute an
additional $18.37 million during this period for a total of $36.07 million
generated in Gross County Product.
Given these REMI numbers one can calculate an ROI based on a total
county investment of$1 ,300,000 over the 10 year period of$27.74 to $1
dollar invested in terms of GCP, and $17.66 to $1 dollar invested in
personal income. As for the state investment of$2,500,000, the
Accelerators ROI in terms of GCP is $14.42 to every $1 dollar of state
investment and is $9.1 for every $1 invested in terms of personal income.
These rates of return on Incubator/Accelerator investments are highly
consistent with national standards.
Marketing and Linkage Plan
A number of strategies should be utilized to market the Accelerator,
locally, state-wide and internationally and link it a number of regional
organizations.
1 . Develop national and international linkages and networks between
incubators and accelerators that create a "conveyer belt" of
prospective companies into the Accelerators.
Work in that regard, has already begun with great success by connecting
the region to the French Innovation Network (RETIS), and
Collier County Accelerator Business Plan 24
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development of a joint marketing and programming with a mirror
region (ex: South of France). Future countries should include
Florida's major trading partners (Canada, United Kingdom, Germany
Brazil) as well as strategic partners of the future such as India and
China.
2. Hire an in-house Web Developer whose responsibilities include
the development of web pages, and the development of a social
media strategy and implementation. Both the Accelerator and its
member companies would be aggressively marketed through these
avenues. Local high school and college interns would also be
employed in this regard.
3. Participate in the national and state organizations dedicated to the
promotion and linking of incubators and accelerators with one
another. Organizations such as the National Business Incubator
Association, the Florida Business Incubation Association, and
Enterprise Florida. In addition, participation in key trade meetings
such as the annual Consumer Electronics Show are wonderful
opportunities to highlight the Accelerators and their member
companies.
4. Management staff of the incubator would be expected to routinely
speak before local and regional groups and organizations, and
become active in state-wide incubator/accelerator associations.
Additionally, some of the best marketing can occur through linking
the Accelerator with other organizations that have similar interests
and goals. The following strategies should be utilized:
Collier County Accelerator Business Plan 25
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1 . Through coordination with the Collier County Economic
Development Office, the Accelerator staff should be in contact
with all of the Economic Development directors and their staff
throughout the region, and semi-annually give a presentation to
these directors regarding progress made and important updates.
2. Designation of educational institutions within the region as a
Strategic Partner. As a strategic partner, higher education
institutions to the degree possible, would assist member
companies with their research questions and needs, link
companies with faculty, staff, and students, support the
promotion and marketing of the accelerator, and participate in
joint grant project opportunities.
3. The Accelerators should work in close contact with organizations
such as the Greater Naples Chamber of Commerce, the
Southwest Regional Planning Council, and the emerging regional
partnership organizations to coordinate their activities and market
their services
Collier County Accelerator Business Plan 26
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Suggested Milestone Timeline
A suggested milestone timeline for the development and start-up of
the two Accelerators is presented below.
4/2014 Collier County Votes on FY2014 Accelerator Funding
Request
4/2014 Collier County Creates Ad Hoc Accelerator Advisory
Board Committee and Make Initial Appointments
5/2014 Collier County Approves Accelerator Administrative
Contract
6/2014 Collier County Receives Notification of State Funding
6/2014 Administrative Agent Hires Accelerator Executive Director
6/2014 Acquisition of Naples and Immokalee Leased Space
Commenced
6/2014 Private and Non-Profit Sector Fund-Raising Campaign
Commenced
7/2014 Lease Contracts For Naples and Immokalee Space
Finalized
8/2014 Naples Accelerator Soft Opening
8/2014 Phase 1 Accelerator Staff Hired
8/2014 Immokalee Engineering Construction Plan Completed
10/2014 Naples Accelerator Grand Opening
12/2014 Phase 2 Accelerator Staff Hired
1/2015 Immokalee Accelerator Soft-Opening
4/2015 Immokalee Grand Opening
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EXHIBIT F
INSURANCE REQUIREMENTS
EII's Liability Insurance:
EII shall procure and maintain in force such insurance as will protect it from claims under
Workers' Compensation laws, disability benefit laws, or other similar employee benefit laws
from claims for damages because of bodily injury, occupational sickness or disease, or death of
its employees including claims insured by usual personal injury liability coverage; from claims
for damages because of bodily injury, sickness or disease, or death of any person other than its
employees including claims insured by usual personal injury liability coverage; and from claims
for injury to or destruction of tangible property including loss of use resulting there from, any or
all of which may arise out of or result from EII's operations under the Agreement, whether such
operations be by EII or by any subcontractor or anyone directly or indirectly employed by any of
them or for whose acts any of them may be legally liable. This insurance shall be written for not
less than any limits of liability specified in the Agreement or required by law, whichever is
greater, and shall include contractual liability insurance. EII will file with COUNTY a certificate
of such insurance, acceptable to COUNTY. These certificates shall contain a provision for
cancellation as found in paragraph 5 of Section B immediately below.
Insurance Required:
A. General
EII shall procure and maintain insurance of the types and to the limits specified in
paragraphs B(1) through (4) below. All policies of insurance under this Agreement shall include
as additional insured COUNTY and its officers and employees. All policies shall provide for
separation of insured's interests such that the insurance afforded applies separately to each
insured against whom a claim is made or a suit is brought.
B. Coverage
EII shall procure and maintain in force during the life of this Agreement the following
types of insurance coverages written on standard forms and placed with insurance carriers
approved by the Insurance Department of the State of Florida. The amounts and type of
insurance shall conform to the following requirements:
1. Workers' Compensation - ElI shall procure and shall maintain during the life of this
Agreement, the appropriate types of Workers' Compensation Insurance for all of its employees
to be engaged in work under this Agreement. In case any class of employee engaged in
hazardous work under this Agreement is not protected under the Workers' Compensation statute,
EII shall provide employer's liability insurance for all said employees.
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EXHIBIT F (CONTINUED)
Employer's Liability
Limit each accident Not Applicable (N/A)
Limit disease aggregate N/A
Limit disease each employee N/A
2. Commercial General Liability- Coverage must be afforded on a form no more restrictive
than the latest edition of the Commercial General Liability Policy filed by the Insurance Service
office with limits of not less than those listed below and must include:
General Aggregate/Bodily Injury/Property Damage $1,000,000
Products & completed operations N/A
Personal & advertising injury N/A
Each occurrence 1,000,000
Fire damage (any one fire) N/A
3. Business Automobile Liability- Coverage must be afforded on a form no more restrictive
than the latest edition of the Business Automobile Liability Policy filed by the Insurance Service
office with limits not less than those listed below and must include:
Combined single limits each accident, for bodily
injury and property damage liability. N/A
Owned vehicles N/A
Hired and non-owned vehicles N/A
Employer non-ownership N/A
4. Professional Liability: $ N/A per claim
5. Certificate of Insurance and Copies of Policies - Certificates of Insurance will be furnished
by EII evidencing the insurance coverage specified in the previous paragraphs B(1)through (4)
inclusive, and on request of COUNTY certified copies of the policies required shall be filed with
the Insurance Claims and Management Department of COUNTY. The required Certificates of
Insurance not only shall list additional insured described above, for the operations of EII under
this Agreement(excluding the workers' compensation and professional liability policies) but
shall name the types of policies provided and shall refer specifically to this Agreement. If the
initial insurance expires prior to the expiration of this Agreement, renewal Certificates of
Insurance shall be furnished thirty (30) days prior to the date of their expiration.
Cancellation - Should any of the above described policies be canceled or non-renewed before the
stated expiration date thereof, insurer will not cancel same until up to thirty (30) days prior
written notice has been given to the below named certificate holder. This prior notice provision
is a part of each of the above described policies.
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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. EII'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 provide management of leases 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
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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.
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EXHIBIT "I"
STEERING COMMITTEE STRUCTURE
1. Steering Committee. It is anticipated that the transition of the Project into a freestanding
entity formed as a Florida not for profit corporation pursuant to Chapter 617, Florida
Statutes which seeks designation as a 501(c)(3) or 501(c)(6) under the IRS Code will
occur at the option of the BCC. Until that time, a "Steering Committee" will serve to
provide support and advice to EII and Accelerator management and staff regarding the
operation of the Project.
2. Steering Committee Members. The Steering Committee will be made up of at least seven
(7) members consisting of nominees as follows:
a. One (1) member comprised of the sitting Chairperson of Economic Incubators, Inc., or
designee.
b. One(1) member comprised of the sitting Collier County Commission's Economic
Development Chairperson.
c. One (1) member selected by the Steering Committee to serve as the chairperson of a
Fundraising committee.
d. One (1) member comprised of the designee and member of the SCORE Naples
organization.
e. One (1) member comprised of a County Economic Development Director selected
from among the five county Southwest Florida Region.
f. Two (2) members comprised of a private sector individuals chosen by the Economic
Incubators, Inc. Governing Board.
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EXHIBIT J
PROJECT PURCHASING STANDARDS
Economic Incubators, Inc.
Procurement Policy
Policy#: FI-002
Local Manual Section: Fiscal (FI)
Policy Statement/Construction: Economic Incubators, Inc. ("Ell") hereby adopts for the
purposes of this Agreement and Ell's own use the local policy of Southwest Florida Workforce
Development Board, Inc. outlined herein for purposes of Ell's procurement. References within
the text of this policy to the term "Board", or "Southwest Florida Workforce Developoment
Board" or "Southwest Florida Workforce Development Board, Inc." shall mean ElI and
references to the "board of directors" shall mean the board of directors of ElI. Further, to the
extent any action herein is required or stated to be taken by an officer, employee, or
committee, this policy shall be construed or interpreted such that said action shall be the
responsibility of the appropriate officer, employee, or committee designated or appointed by
ElI. Any questions regarding the interpretation of this policy will be made and decided by the
board of directors of Ell
Of Interest to: Economic Incubators, Inc. Board members and Board staff involved in
financial and procurement activities
Effective Date: September 23, 2014
Purpose: To establish policy for the procurement of goods and services to ensure the
purchase is conducted in an open manner resulting in competitive pricing, proper management
and oversight, accountability and efficiency, and for the prevention of waste, fraud and abuse.
Background: The Economic Incubators, Inc. and its employees are accountable for the use of
funds.
General Policy: The procurement of goods and services may be initiated by the respective
division supervisor when/where the services are needed for the day-to-day items. A
Quotes/Procurement Authorization Form (FI-002-QP) or Purchase Order Request will be
initiated when the procurement is for non-recurring items, expenditures unique to a particular
funding source or outside an annual contract for services or items. This may also include
procurement for office supplies, repairs, equipment, advertising, printing, airline tickets,
registration fees, subscriptions, publications, and any participant supplies. For re-order items,
the Administrative Services Manager will secure new bids at least once per year. The
Quotes/Procurement Authorization Form will include the following information:
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■ For each of the three vendor quotes — vendor name, address, total dollar amount
(documentation attached) and details/description of supplies or services requested, if
required
■ Business purpose/use of supplies and/or services and comments
■ Signature, date, printed name and title for:
o employee requesting the goods or services;
o Signature, printed name and title of approving Director;
o Signature, printed name and title of Fiscal Director;
■ For all procurements for personal services in excess of $5,000, a Conflict of Interest
Statement/Certification (FI-002-CIS) will be signed by the Vendor. This completed form
will be used to maintain compliance with CFR 95.42 and 97.36(b)(3)(i-iv) and should
accompany the Quotes/Procurement Authorization Form.
Completed Quotes/Procurement Authorization Forms will be submitted to the Fiscal Director
for budget authorization and funding allocation. Office supplies, and other items which are
approved with a blanket purchase order, will be ordered by the Fiscal Director or the
Administrative Services Manager. Once approved, the purchase order will be distributed to the
vendor or the employee (if requested). Invoices received for purchases with no prior
authorization are subject to rejection without payment. Invoices submitted for payment
without receiving proper documentation (receipts, packing slips, etc.) will be rejected for
payment.
No employee shall participate in the selection or award of a contract or vendor if the employee,
any member of his or her immediate family, his or her partner, or an organization which
employs or is about to employ any of these parties has a financial or other interest in the
vendor or firm selected for an award.
Procurement Thresholds—All reasonable requisitions submitted for items will require at least a
Director's approval and in all cases will require an approval one level higher than the requestor.
Minimum approvals will be at the Division Director level for procurements up to $5,000. Above
that amount will require Deputy Director or Executive Director approval. The
Quotes/Procurement/Sole Source/E-Mails or Authorization Forms will indicate the reason for
the expenditure, a comparison for reasonableness indicating proof of competitive
procurement, signature of the requestor and approval by a Division Director or the Executive
Director. The following parameters for procurement of goods and services shall be followed:
(1) up to $500—comparison or price analysis;
(2) $500 and up to $5,000-three quotes or demonstrated comparisons;
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(3) $5,000 and up to $100,000-three written bids,
(4) $100,000 or more - advertisement for competitive proposals for contract and/or
provider services. (Request for Proposals required.)
Sole source procurement Sole Source/Emergency Procurement Authorization Form (FI-002-
SSEP) shall be used to justify the reason for the request and to obtain all of the approvals. All of
the cost principles as outlined in the Cost Principles for Non-Profit Organizations (A-122), need
to be followed at all times. These regulations and guidelines provide for cost principles
reflecting allowability and restrictions of cost items. These guidelines are intended to ensure
that:
• Appropriate procurement documentation is completed
• Proper documentation and/or approval is completed
• Costs were allocated correctly or allocations were substantiated
• Justification and/or business purpose/use for items purchased was provided
and adequate
Documentation - Procurement of materials and fees for participant training and support must
be accompanied by proof that the items are required for the training activity, or are necessary
to enable him/her to participate in the training activity and/or obtain unsubsidized
employment.
Cost Price Analysis
1. A cost or price analysis must be performed in connection with every procurement. Cost and
price analyses will help ensure that:
a) Public funds are spent economically and the cost is reasonable.
b) The funds expended are appropriate in relation to the need for the service.
c) Vendors provided the best services at the most favorable prices.
2 An annual price analysis to document reasonableness may be conducted for goods and
services ordered on an ongoing basis. In lieu of a price comparison for each purchase, an
annual price analysis will be prepared for goods and services purchased on a regular basis to
operate the organization. An annual estimate will be made of the value of the items to be
ordered, and the proper procurement in accordance with established thresholds will be
completed based upon the aggregate amount estimated to be necessary.
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3. Where appropriate, an analysis is made of lease and purchase alternatives to determine
which would be the most economical and practical procurement.
Procurement Procedures
A. Records Maintenance.
Records will be maintained for a seven year period to trace each service provider
procurement process. These records shall include documentation to explain the rationale
for the method of procurement, contractor selection or rejection, justification for lack of
competition when competitive bids or offers are not obtained, cost/price analysis, and the
basis for the contract price.
Rationale for Procurement Method. For competitive procurement, the Request for
Proposals, which describes the procurement process, will be kept on file for each
procurement. Rationale for all non-competitive procurement will be documented according
to regulations.
Contractor Rejection or Selection. The evaluation criteria will be kept on file for each
procurement, including the individual evaluation forms completed for each proposal
submitted. Also kept on file will be copies of any correspondence sent to service providers
regarding the procurement.
Basis for Contract Price. The service provider proposal and contract will serve as the basis
for documentation of the contract price. Any miscellaneous correspondence regarding
proposed costs will also be maintained in the appropriate file. A cost/price analysis will be
conducted on each proposal recommended for funding by the Board.
B. Contract Signature Authority.
The Executive Director of the Southwest Florida Workforce Development Board, Inc. is the
only official authorized to sign and execute contractual agreements and modifications. The
Executive Director is also the only official authorized to terminate any contractual
agreement.
C. Code of Conduct.
No employee or authorized agent, board member or officer, shall participate in or cast a
vote in the selection of or in the award of a contract if a conflict of interest real or apparent
is involved. Such a conflict would arise when the individual (employee, agent, board
member or officer), any member of the individual's immediate family, the individual's
partner, or an organization which employs or is about to employ any of the above, has a
financial or other interest in the firm or organization selected for award.
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No employee or authorized agent, board member or officer, shall solicit or accept gratuities,
favors or anything of monetary value from contractors, potential contractors or parties to
any subagreement.
Control for conflict of interest is exercised through the Board's funding process. Proposals
are evaluated by staff based on evaluation criteria published in each Request for Proposals.
Final funding decisions are made by the Executive Director in consultation with the
Southwest Florida Workforce Development Board. No one single staff or board member
controls the selection or administration process.
Regardless of the type of procurement, if Southwest Florida Workforce Development Board
desires to enter into a contract with an organization or individual represented on the board
of directors, the contract must be approved by a two-thirds vote of the directors present, a
quorum having been established, and the board of directors who could benefit financially
from the transaction must declare their conflict and abstain from voting on the contract.
Board members must disclose any such conflicts in accordance with the requirements of the
Florida Statutes and complete appropriate Conflict of Interest forms. Board contracts (i.e.,
contracts with board members) equal to or greater than $25,000 shall not be executed prior
to the written approval of Workforce Florida, Inc.
D. Procedures and Monetary Thresholds for Small Purchases.
The following monetary thresholds have been established by the Board in accordance with
Florida Statutes for procurement of goods and services: (1) unit price up to $500 -
comparison or price analysis; (2) unit price $500 and up to $5,000 - three quotes or
demonstrated comparisons; (3) unit price $5,000 and up to $100,000- three written bids;
and (4) unit price of$100,000 or more - advertisement for competitive proposals or bids.
Sole source procurement will only be used under the following circumstances: (1)
emergency situations where time constraints do not allow a competitive solicitation; (2)
when only one supplier has the unique capacity to provide the goods or services required;
or (3) when solicitation results in inadequate competition. These situations will be justified
in writing and approved by the Executive Director.
E. Method of Procurement.
To the extent practicable, service providers will be selected competitively. Non-
competitive, or sole source procurement shall be minimized, but may be authorized if
justified and documented.
When procuring services by a competitive solicitation over $49,999, the Board's Planning
and Grants Division Director will use a Request for Proposal (RFP) process. Public notice of
the RFP will be provided through our website at www.careersourcesouthwestflorida.com
and will be forwarded to all five County offices and all entities on the bidders list, including
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minority organizations.
Contracts for all programs will generally be Performance-based Cost Reimbursement, with
supporting documentation required for each cost element. Profit may be proposed by
private "for profit" service providers; but in no event may profit exceed 10%. All
procurement contracts and other transactions between the Board and units of state or local
governments using WIA funds must be conducted only on a cost reimbursement basis. No
provision for profit is allowed. Any excess of revenue over costs incurred for services
provided by a governmental or non-profit entity must be included in program income. The
type of agreement entered into by the Board may be a fixed price or cost reimbursement,
depending on the method of procurement and goods or services being procured. The cost
plus a percentage of cost or percentage of construction costs methods of contracting shall
not be used. Where possible, the Board may utilize state approved contracts for the
purchase of equipment, goods, and services.
F. Bids and Formal Requests for Proposals
Purchases of $50,000.00 and above shall be publicly advertised and a formal request for
bids, proposals, or quotations shall be issued. Previous proposers, as well as entities which
have asked to be included on the proposer/bid list for various types of goods and services,
shall be notified that the Board is seeking service providers. Legal notices will be posted on
the Board's website and shall be advertised throughout the five county area.
Solicitations for goods and services will provide for all of the following:
• Clear and accurate descriptions of the goods or services being procured. The description
must not contain features that restrict competition.
• All requirements that must be fulfilled and all other factors used in evaluating bids or
proposals.
• Technical requirements described in terms of functions to be performed or performance
required, including a range of acceptable or minimum acceptable standards.
• Specific features of brand name or equal descriptions, if included in the solicitation.
• If procuring goods or certain types of services, the acceptability of metric
measurements.
• Preference for ecologically sound and energy-efficient products.
In accordance with Federal regulations, the Board will take all necessary affirmative steps to
assure that minority firms, women's business enterprises and faith-based organizations are
used when possible; including dividing total requirements of the procurement action, when
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economically feasible, into smaller tasks or quantities to permit maximum participation, and
establishing delivery schedules, where the requirements permit, which encourage
participation by small and minority business and women's business enterprises. Special
consideration shall be given to proposals submitted by faith-based and community based
organizations; however, this consideration shall in no way prevent the Board from choosing
alternative organizations to provide services.
The primary consideration in the selection of service providers shall be the effectiveness of
the agency or organization in delivering comparable or related services based on
demonstrated performance, in terms of the likelihood of meeting performance goals, cost,
quality of training, and characteristics of participants. In addition, consideration shall be
given to demonstrated performance in making available appropriate supportive services
including child care. Total proposed cost shall also be an important consideration in the
selection of service providers.
Upon receipt of proposals by the published deadline, the Board's Planning and Grants
Division staff provides the proposals to a Review Panel. Cost analysis information is
provided by the Contracts Manager during the review process. If determined necessary, the
Planning and Grants Division will provide a training session for the Reviewers. A Bidders'
Conference may be provided to ensure potential proposers have the information necessary
to write a competitive proposal.
A Review Panel meeting will be held to discuss proposals and develop recommendations.
At this meeting, the Review Panel may invite prospective providers to explain their
proposals as needed. The Review Panel completes the review sheets and determines final
recommendations for providers(s). Review sheet totals do not necessarily determine the
outcome but serve as a tool for reviewers to formulate ideas for discussion. The Review
Panel forwards its recommendations to the Program and Planning Committee, who in turn,
forwards its recommendations to the Board for final award and funding level approval. In
some instances, the Program and Planning Committee may serve as the Review Panel and
bring its recommendation directly to the Board. Due to the bi-monthly Board meeting
schedule, the Program and Planning Committee may receive authority by the Board to
approve providers in order for contract negotiations to commence, contingent upon final
approval by the board of directors required at the next scheduled meeting.
Requirements and other factors used in the proposal evaluation process for submitting a
bid will be outlined in each Request for Proposal. The Board reserves the right to waive
minor irregularities in proposals submitted. Factors used in the proposal evaluation process
will include, but not be limited to:
• Demonstrated ability to deliver high quality related or comparable goods or services,
including consideration as to whether the organization has adequate financial resources
or the ability to obtain them. A satisfactory record of integrity, business ethics and fiscal
accountability. Necessary organizational experience, accounting, and operational
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controls. The quality of the programmatic design. Reasonableness of proposed cost and
ability to meet specifications of the program and applicable performance goals.
• Ability to Perform. A determination will be made by board staff and the Review Panel of
whether a potential service provider has the means and resources to operate the
proposed program. This determination is based on the number of staff in the project
and their abilities and experience to operate programs. Review Panel members and
board staff will review information provided concerning the program operations
statement, qualifications of personnel, experience of the officer(s), facilities and
equipment needed, management and administration ability and experience.
• Record of Performance. Requests for Proposals include a questionnaire, which must be
completed with each proposal, on the agency background and administrative ability. In
the evaluation of proposals, consideration is given based on previous experience and
success in operating the same or similar employment and training activities.
• Technical and Financial Resources. Board staff and Review Panel members will analyze
service provider technical and financial resources.
• Controls for Avoiding Duplication of Services. The Board will not use funds provided
under WIA to duplicate facilities or services available in the area, unless it is
demonstrated that the WIA-funded alternative would be more effective or more likely
to achieve performance goals.
• Additional Control Concerning Contract Price. The senior official of the service provider
shall certify that to the best of his/her knowledge and belief, the cost data are accurate,
complete and current at the time of agreement on price and must agree to a negative
price adjustment if the certification is subsequently found to be inaccurate (i.e.
defective pricing).
• Controls for Avoiding Unnecessary Services. Requests for Proposals will contain detailed
specifications for program activities to be funded. Staff and the board of directors will
evaluate service provider proposals based on criteria which include the feasibility, value,
and appropriateness of proposed activities to customers. A contract will be executed
with each service provider approved by the Board and Executive Director for funding
and who have successfully completed contract negotiations. Each contract will include a
statement of work detailing services to be provided under the contract.
• Control on Award Prohibition. No recipient or sub-recipient shall make any subgrants or
permit any contract or subcontract at any tier to any party which is disbarred,
suspended, or ineligible for participation in Federal Assistance programs.
G. Sub-recipient/vendor Determination
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The Board staff will evaluate the substance of each relationship to determine whether the
features represent a vendor or sub-recipient in accordance with OMB circulars.
H. Procurement Files.
All documentation detailing the historical process of a specific procurement action will be
maintained in a procurement file, and maintained for a minimum of five years. A
procurement file will contain, at a minimum, the following documentation:
• Copy of public notice announcing solicitation/request for proposals
• List of bidders mailed copies of public notice
• Request for proposals
• Copies of proposals received
• Record of proposal evaluations/ratings
• Record of formal approval/disapproval of proposals
• Cost estimate and cost/price analysis of accepted proposals
• Record of all written communications between proposers and staff during the
procurement process.
Note: Records of negotiations/basis for final agreement price will be maintained by the
Contracts Manager.
I. Appeal and Protest Procedures.
Within 72 hours after receipt of the notice of the agency decision, the unsuccessful bidder
must submit, in writing, a notice of protest to the Executive Director of the Southwest
Florida Workforce Development Board, Inc. Within 10 days after filing the notice of protest,
the unsuccessful bidder shall file a formal written protest detailing the reason for the
protest. If the bidder is not satisfied with the response of the Board, the bidder may
present a written appeal to the Director of the Department of Economic Opportunity.
J. Contract Management.
The Programs Division staff will act as the liaison to each executed contract and will provide
ongoing oversight, technical assistance, and quality assurance. Each contractual agreement
requires the contractor to submit monthly contract participant reports and monthly
requests for payment, with supporting documentation. The Programs Division staff will
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review these reports, to determine if the contractor is performing in accordance with the
contractual agreement,and to identify any necessary corrective measures.
Contract Program Status Report. Each monthly contract program status report will provide
a narrative/summary describing all contract activities and expenditures during the reporting
period. The Programs Division staff will compare program performance against contract
goals and will also initiate any required Technical Assistance Training.
Monthly Request for Payment. Each monthly request for payment will include a summary
of line item costs expended during the reporting period. The report, at a minimum, will
include an accounting ledger, and may include supporting documentation to justify
expenditures, such as copies of payroll registers reflecting allocation of staff time, salary,
and benefit payments; copies of paid invoices, receipts for equipment, supply and service
purchases; and other justifications supporting cost allocations within the line item budget.
Each contractor is required to maintain all supporting documentation on file for easy access
by the contract manager, monitor, or other authorized parties.
K. Contract Files.
A separate contract file will be maintained by the Contract Manager for each individual
awarded contract, and will contain documentation of all actions relating to the
administration of the contract. Each contract file will contain, at a minimum, the following
documentation:
• Original signed and executed copy of the contractual agreement, to include statement
of work and all attachments.
• Original signed and executed copy of all approved contract modifications.
• Copy of initial proposal submitted by the awarded contractor.
• Copies of monthly requests for payments, program status reports and records of staff
review/actions.
• Records of all written communications between contractor and staff during the life of
the contract.
• Contract close out report, upon completion of the contract.
Contract files will be archived/maintained on-site for a minimum of seven years after the
close out of the contract. Contracts will then be disposed of by shredding by staff or a
contracted service.
L. Contract Close Out Report.
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Each contractual agreement requires contractors to provide the Board with a contract close
out report and program income report, if applicable, within 90 days after expiration of
contract. The close out report will summarize all contract expenditures during the contract,
as well as provide an inventory of all property purchased under the contract which is valued
at $5,000 or more. The report will be reviewed by the Fiscal Division Director before final
payment is issued to contractor.
Links:
Procurement Standards 2 CFR Part 215 (A-110)Sec.215.40-48
Cost Principles for Non-Profit Organizations 2CFR230 (OMB Circular A-122)
Procurement—(29 CFR 97.36)
General Procurement Guidelines—(29CFR 95.44) and Cost and Price Analysis—(29 CFR 95.45)
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EXHIBIT K
SPECIAL AUDIT AND MONITORING REQUIREMENTS
The administration of Project Funds awarded by the STATE and COUNTY may be subject to
audits and/or monitoring by the STATE and/or COUNTY as described in this Agreement.
MONITORING
In addition to reviews of audits conducted in accordance with Section 21597, Florida Statutes or
by the COUNTY Clerk (see "AUDITS" below), monitoring procedures may include, but not be
limited to, onsite visits by STATE and/or COUNTY staff, limited scope audits as defined by
OMS Circular A-133, as revised, and/or other procedures. By entering into this agreement, Ell
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate
by STATE and/or COUNTY. In the event STATE and/or COUNTY determines that a limited
scope STATE and/or COUNTY audit of EII is appropriate, EII agrees to comply with any
additional instructions provided by STATE and/or COUNTY staff to Eli regarding such audit.
EII further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the STATE Chief Financial Officer (CFO) or Auditor General
and/or COUNTY Clerk.
AUDITS
PART I: STATE FUNDED AUDIT REQUIREMENTS
This part is applicable if EII is a non-state entity as defined by Section 215.97(2), Florida
Statutes.
1. In the event that ETI expends a total amount of state financial assistance equal to or in excess
of$500,000 in any fiscal year of such Ell (for fiscal years ending September 30, 2004 or
thereafter), EII must have a State single or project-specific audit for such fiscal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial
Services; and, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General. The contract FSF 14-001 indicates state
financial assistance awarded through STATE by this Agreement. In determining the State
financial assistance expended in its fiscal year, ElI shall consider all state financial assistance;
including state financial assistance received from STATE, other state agencies, and other
nonstate entities. STATE financial assistance does not include Federal direct or pass-through
awards and resources received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements in Part I, paragraph 1, EII shall ensure that the audit
complies with the requirements of Section 21597(8), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter
10.650 (nonprofit and for-profit organizations), 10.700 certain nonprofit organizations, and Rules
of the Auditor General.
If EII expends less than $500,000 in state financial assistance in its fiscal year(for fiscal years
ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions
of Section 215.97, Florida Statutes, is not required. In the event that EII expends less than
$500,000 in state financial assistance in its fiscal year and elects Statutes, the cost of the audit
must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid
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from Ell funds obtained from other than STATE entities).
4. EII must include the record keeping requirements found herein in sub-recipients' contracts and
subcontracts entered into by Ell for work required under terms of this Agreement. In the
executed subcontract, COUNTY shall provide each sub-recipient of state financial assistance the
information needed by the sub-recipient to comply with the requirements of the Single Audit
Act. Pursuant to Section 215.97(7), Florida Statutes. EII shall review and monitor sub-recipient
audit reports and perform other procedures as specified in the agreement with the sub-recipient,
which may include onsite visits. EIi shall require sub-recipients, as a condition of receiving state
financial assistance, to permit the independent auditor of STATE, the state awarding agency, the
Chief Financial
Officer, the Chief Inspector General, and the Auditor General access to the sub-recipient's
records and independent auditor's working papers as necessary to comply with the requirements
of the Single Audit Act.
5. For information regarding the Florida Single Audit Act, including the Florida Catalog of State
Financial Assistance (CSFA), Ell should access the website for the Florida Department of
Financial Services located at https://apps.fldfs.com/fsaa/for assistance. In addition to the above
website, the following websites may be accessed for additional information: The Florida
Legislature's website http://www.leg.state.fl.us/and the Florida Auditor General's website
http://www.state.fl.us/audgen.
PART II: COLLIER COUNTY AUDIT REQUIREMENTS:
PART III: REPORT SUBMISSION
PART V: RECORD RETENTION
EII shall retain sufficient records demonstrating its compliance with the terms of this agreement
for a period of seven (7) years from the date the audit report is issued, and shall allow STATE or
its designee, CFO, or Auditor General access to such records upon request. If any litigation.
claim, negotiation, audit, or other action involving the records has been started before the
expiration of the seven (7) year period, the records shall be retained until completion of the
action and resolution of all issues which arise from it. or until the end of the seven (7) year
period, whichever is later. Ell shall ensure that audit working papers are made available to
STATE, or its designee. CFO, or Auditor General upon request for a period of seven (7) years
from the date the audit report is issued, unless extended in writing by STATE
K-2
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EXHIBIT M
DEPARTMENT OF ECONOMIC OPPORTUNITY
GRANT AGREEMENT
To be attached upon approval by the Board of County Commissioners and Department of
Economic Opportunity.
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