Agenda 09/13/2016 R Item #16F14 16.F.14
09/13/2016
EXECUTIVE SUMMARY
Recommendation to approve the Fiscal Year 2017, Agreement between Economic Incubators, Inc.
and the Board of County Commissioners in continued support of the established public-private
partnership designed to advance the County's economic development efforts.
OBJECTIVE: That the Board of County Commissioners (Board) consider and approve the Fiscal Year
2017, Agreement between Collier County, Florida and Economic Incubators, Inc. ("EII" or
"Administrative Entity").
CONSIDERATIONS: On September 10, 2013, Agenda Item 11.C, the Board approved the Office of
Business & Economic Development's FY14 Business Plan including a goal of developing a Business
Accelerator program. Policy direction from the November 26, 2013 and December 10, 2013 Board
meetings culminated in the May 13, 2014 approval of the Collier County Innovation Accelerator
Business Plan including authorizing its implementation. On November 18, 2014, Agenda Item 11.C,
the Board approved the first agreement between the County and EII designating EII as the
Administrative Entity for the Collier County Soft Landing Accelerator Development Strategy, effective
October 1, 2014 through September 16, 2015. On September 8, 2015, Agenda Item 11.J, the Board
approved the Fiscal Year 2016,Agreement between the County and EII. This Agreement continues the
relationship and provides for administration and implementation the Collier County Innovation
Accelerator Business Plan. Three deliverables are required: 1) staff of 3 full time employees, 2) project
administration , and 3) accelerator services. Exhibit A, Scope of Services, to the Agreement more fully
describes the deliverables.
The Naples Accelerator has provided services to 38 companies since its inception and has reported
creation of 51 Job Year Equivalents. Program participants have reported $200,000 in cumulative private
sector capital expenditures and$3,359,282 in venture investment. EII will continue to administer the
project and to grow the successful program.
EII has received a State appropriation for the Florida Culinary Accelerator @ Immokalee. EII will be
proceeding with construction of the facility and implementation of the culinary program during the term
of this Agreement(October 1,2016-September 30,2017).
FISCAL IMPACT: This agreement provides County funding in an amount not to exceed Five
Hundred and Five Thousand Dollars ($505,000) for reimbursement of personal services ($309,800) and
a direct payment by the County for rent and general property and liability insurance ($195,200).
Sufficient budget exists in Economic Development Fund (007) to support this agreement in furtherance
of the Soft Landing Accelerator Program.
GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic
Element of the Collier County Growth Management Plan which states: "Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base."
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. -JAB
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16.F.14
09/13/2016
RECOMMENDATION: To approve the Fiscal Year 2017, Agreement between Economic Incubators,
Inc. and the Board of County Commissioners.
Prepared by: Jace Kentner, Interim Director,Office of Business &Economic Development
ATTACHMENT(S)
1.Agreement between CC and Economic Incubators (PDF)
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16.F.14
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.14
Item Summary: Recommendation to approve the Fiscal Year 2017, Agreement between
Economic Incubators, Inc. and the Board of County Commissioners in continued support of the
established public-private partnership designed to advance the County's economic development efforts.
Meeting Date: 09/13/2016
Prepared by:
Title: Administrative Assistant—Business and Economic Development
Name: Jennifer Leslie
09/06/2016 4:33 PM
Submitted by:
Title: Economic Research Analyst—Business and Economic Development
Name: Jace Kentner
09/06/2016 4:33 PM
Approved By:
Review:
Business and Economic Development Jace Kentner Level 1 Add Division Reviewer Completed 09/07/2016 12:12 PM
County Attorneys Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/07/2016 2:52 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 09/07/2016 3:03 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/07/2016 3:22 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/07/2016 3:43 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 09/07/2016 3:46 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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16.F.14.a
AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA
AND
ECONOMIC INCUBATORS,INC.
This AGREEMENT is made and entered into this 13th day of September, 2016, by and between ti
Collier County, a political subdivision of the State of Florida (the "COUNTY" or"Fiscal Entity") and N
Economic Incubators, Inc., a Florida not for profit corporation, doing business as the Naples a
Accelerator ("EII"or"Administrative Entity")(the COUNTY and EII being,each,a"Party"and collectively,
the"Parties").
WITNESSETH v
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WHEREAS, on September 10, 2013, Agenda Item 11.C, the Board of County Commissioners �s
("BCC")approved the Office of Business&Economic Development's FY14 Business Plan including a goal
of developing a Business Accelerator program. Policy direction from the November 26, 2013 and
December 10, 2013 BCC meetings culminated in the May 13, 2014 approval of the Collier County
Innovation Accelerator Business Plan including authorizing its implementation.
WHEREAS,on November 18,2014, Agenda Item 11.C,the BCC approved the first agreement between
the County and EII (the "Agreement") designating EII as the Administrative Entity for the Collier County Soft a)
Landing Accelerator/Incubator Development Strategy ("Accelerator Project"), effective October 1, 2014 through a,
September 16,2015;
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WHEREAS, on September 9, 2015, Agenda Item 11.J, the Board of County Commissioners r'
approved the Fiscal Year 2016,Agreement between the County and EII;
WHEREAS, the COUNTY has determined that it is in the best interests of Collier County to
continue to support the Accelerator Project efforts which support further the goals and objectives identified
in the County's Business and Economic Development Business Plan;
WHEREAS, the parties wish to enter into this Agreement to continue the COUNTY's continued
support and funding of the Accelerator Project beginning October 1, 2016 thru September 30, 2017 for
Fiscal year 2017;
WHEREAS, the COUNTY enjoys broad Home Rule Powers, which include the authority to enter t°
into agreements to enhance economic development within Collier County; and v
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WHEREAS, Section 125.045,Florida Statutes(County economic development powers)provides, in
part,as follows: 2
"(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.
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(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 refmance 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
WHEREAS, the COUNTY recognizing advantages of having a not-for-profit entity to administer
the Collier Soft Landing Accelerator Development Strategy including, but not limited to, the Naples a;
Accelerator &Florida Culinary Accelerator @ Immokalee(hereinafter referred to as the "Project") and 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;and
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WHEREAS, COUNTY has adopted a Soft Landing Accelerator Development Strategy with the
specific purpose to greatly enhance the employment opportunities and careers of Collier County citizens.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained
herein, and other good and valuable consideration, the COUNTY and EII agree as follows.
ARTICLE I
SCOPE OF SERVICES s
AND
ROLES AND RESPONSIBILITIES
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EII shall administer the Accelerator Project by performing the Roles and °c
Responsibilities described in Exhibit "G" and providing the services and activities described in Exhibit "A",
Scope of Services,both Exhibits A and G are attached hereto and by reference made a part hereof. The matrix -
in Exhibit A guides COUNTY staff's ability to authorize payment for measurable services performed
by the EII. v
The matrix in Exhibit"G"which is incorporated herein by this reference defines the broader
COUNTY economic development relationship with the EII,which will be reviewed and monitored by
COUNTY staff.
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ARTICLE II
TERM OF AGREEMENT
This Agreement shall be effective upon execution by both parties and shall cover services provided
from October 1, 2016, until September 30, 2017, unless otherwise terminated in accordance with this
Agreement or extended by mutual written Agreement of the parties.
ARTICLE III
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CONSIDERATION AND LIMITATION
For its performance of the Deliverables in Exhibit 1 of this Agreement, EII will receive funds from
the COUNTY in an amount not to exceed Five Hundred Five Thousand Dollars($505,000).
ARTICLE IV
PAYMENT AND REPORTING REQUIREMENTS
It is intended that the personnel expenses, to be construed as broadly as
possible to ensure maintenance of staffing requirements, including holiday v
pay, vacation and paid time off, dental, vision and health benefits, payroll
taxes, cell phone services allowance of $50 per month, mileage
reimbursement, and service fees associated with third party payroll service
providers shall be on a cost reimbursement methodology for actual eligible expenditures. Rent and
insurance for 3510 Kraft Road, Suite 200, Naples, FL 34105 shall be paid directly by County. Actual
expenditures eligible as a basis for reimbursement can and shall include salaries and employee
benefits, costs for EII personnel performing services described in Exhibit "A. EII shall be
entitled to compensation upon BCC approval of the Agreement, distributed as requests for reimbursement
are submitted for reimbursement of eligible expenses approved by the County and Clerk of Court,
beginning October 1,2016. ;v
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All payment requests shall be submitted in accordance with COUNTY procedures and in a form C.,
acceptable to the COUNTY and EII as generally outlined in Exhibit "B", Method of Payment and Budget
Detail for Services and Exhibit "C", Program Performance Report,attached hereto and by reference made
a part hereof. All payment requests by EII to the COUNTY shall be submitted with a completed Program o
Performance Report and Exhibit "D" Payment Record Chart in a form acceptable to the COUNTY and EII,
as generally outlined and set forth in Exhibit "C" attached hereto and by reference made a part hereof.
Payments to EII will be made as soon as possible but, in all circumstances within Forty U
Five (45) days of requests, in compliance with the Florida Prompt Payment Act, therefore, in accordance with
the procedures specified by Exhibit "B" Method of Payment and Budget Detail for Services. If the
COUNTY determines, through its inspection or review that EII has performed, or is performing less than
the total agreed upon services, then the COUNTY shall notify EII in writing specifying those services which -a
it alleges have not been performed or fully performed and EII shall have thirty (30) days from receipt thereof
to submit a then current Program Performance Report which shall address such allegations in detail and/or v
shall meet with the appropriate representatives of the COUNTY to discuss resolution thereof and cure or
remedy any services not fully performed, and upon failure thereof, the COUNTY shall be entitled to reduce
payment otherwise due for such services not fully performed on a pro-rata basis. d
EII shall submit its Program Performance Reports monthly on or before the 15`h ali
day of the month and year-end analysis, and any other required reports shall be submitted within forty a)
five (45) days of the expiration of the term of this Agreement, or earlier termination of this Agreement or as °'
provided otherwise elsewhere in this Agreement or Exhibits. If EII fails to comply with the requirements of
this Article, the COUNTY may refuse to honor or be liable for payment of any late request for payment.
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ARTICLE V c
MAINTENANCE OF RECORDS
EII shall maintain such financial records and accounts, including invoices, purchase orders and
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backup materials or documents as are reasonably deemed necessary by the Parties to assure a proper
accounting for all COUNTY funds for which the COUNTY is obligated to reimburse EII under the terms of
this Agreement.
EII shall maintain and provide supporting documentation of job creation and capital investment
by participants in the Accelerator. Such supporting documentation to be provided to COUNTY within a
reasonable time following a written request from the COUNTY for the documentation.
The aforesaid records and accounts shall be made available for inspection purposes at reasonable t.)
times and upon reasonable notice during normal business hours and as often as the COUNTY may deem
necessary to verify reimbursements and any other financial records or matters covered by this Agreement.
Notwithstanding the aforementioned,financial records and accounts related to Business Income and Private m
Contributions are not considered a part of the records that must to be provided as delineated above. At the ors
COUNTY's request a COUNTY representative may review the Business Income and Private Contributions w
records. EII shall also provide timely and reasonable access to EIl's Executive Director at times convenient
for the COUNTY for the purpose of questions or explanations related to such records and accounts. EII
shall retain for such inspection all of its records and supporting documentation applicable to this Agreement 2
for a period of five (5) State of Florida fiscal years from the date COUNTY'S Grant Agreement SL007, c
with the Florida Department of Economic Opportunity ("DEO"), audit report is issued or five (5) State of
Florida fiscal years after all reporting requirements are satisfied between COUNTY and the DEO and final a
payments have been received,whichever is longer. In addition if any litigation, claim,negotiation,audit,or
other action involving the records has been started prior to expiration of the controlling records retention
period as identified above,and the COUNTY has provided notice to the EII of such action,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 controlling period as identified above,whichever is longer.
EII shall also: $
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1. Keep and maintain public records required by the public agency to perform the service. E2
2. Upon request from the public agency's custodian of public records, provide the public o
agency with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the v
contract term and following completion of the contract if the contractor does not transfer the a)
records to the public agency. JZI
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Any exempt or confidential records withheld by EII in a reasonable attempt to comply with E.
this provision, or excluded from any other section in this Agreement purporting to require
disclosure of such records is not a breach of this agreement unless such actions are in direct
contradiction to a written request from the COUNTY.
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4. Upon completion of the contract, transfer, at no cost, to the public agency all public records
in possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the contractor
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keeps and maintains public records upon completion of the contract, the contractor shall meet all
applicable requirements for retaining public records. All records stored electronically, except those
exempt from disclosure under the terms of the section 3 of this Article V must be provided to the
public agency, upon request from the public agency's custodian of public records, in a format that
is compatible with the information technology systems of the public agency.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: oes
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Communication and Customer Relations Division
3299 Tamiami Trail East,Suite 102
Naples,FL 34112-5746
Telephone:(239)252-8383
ARTICLE VI
a)
INDEMNIFICATION
To the extent allowed by Florida law, EII shall indemnify, defend, and hold COUNTY harmless 0
from all claims, suits,judgments,or damages to the extent the same arise from the negligence or intentional
misconduct of EII in its activity as the Administrative Entity of the Project pursuant to this Agreement. L
EII's undertaking pursuant to this Article does not constitute consent waiver of sovereign immunity nor
consent to be sued by third parties. .a
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To the extent allowed by Florida law, COUNTY shall indemnify, defend, and hold EII harmless
from all claims,suits,judgments,or damages to the extent the same arise from the negligence or intentional E
misconduct of COUNTY in the performance as the Fiscal Agent of the Project pursuant to this Agreement. °c
COUNTY's undertaking pursuant to this Article does not constitute waiver of sovereign immunity nor
consent to be sued by third parties.
ARTICLE VII
TERMINATION a
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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 _o
the other party.
Termination for Default: Each of the parties hereto shall give the other party written notice of a)
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 or the minimum amount of time as provided
elsewhere in this Agreement,whichever is longer. In the event the defaulting party fails to timely cure
the default, the non-defaulting party may terminate this Agreement by written notice to the defaulting c
party.
Upon termination all nonexpendable property, purchased under this Agreement using Project
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Funds, shall be returned to COUNTY. The aforesaid termination notices, as well as all other notices
required herein, shall be considered received by EII and the COUNTY if sent by certified mail, return
receipt requested, or by overnight personal delivery service requiring a signature for delivery, and
addressed as provided for in Article XXVIII of this Agreement.
ARTICLE VIII
EQUAL OPPORTUNITY CLAUSE co
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EII agrees to abide by the provisions contained in Collier County CMA #5 3 8 3,as amended,
which is incorporated herein by reference to Exhibit F.
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ARTICLE IX
STATEMENT OF ASSURANCE =
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During the performance of this Agreement, EII assures the COUNTY that EII is in compliance with a
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 the COUNTY of EIIs
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. B
Furthermore, EII assures the COUNTY that it will comply with Title VI of the Civil Rights Act of 1964 N
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 X c
INSURANCE 9
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EII shall, pursuant to the requirements of Exhibit "E", Insurance Requirements, attached hereto and by
reference made a part hereof, procure and maintain throughout the period of this Agreement on behalf of itself w
and COUNTY,the insurance provided for in Exhibit"E".
All insurance shall be obtained from responsible companies duly authorized to do business in the State of v
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 E
coverage within thirty(30)days of execution of the Agreement by COUNTY. w
ARTICLE XI
CONFLICT OF INTEREST
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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 performance of service required
hereunder.
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ARTICLE XII
DRUG FREE WORKPLACE
EII shall administer, in good faith, a policy designed to ensure that EII's employees, agents and 1-7-•
subcontractors are free from the illegal use,possession, or distribution of drugs or alcohol.
ARTICLE XIII
GOVERNING LAW; VENUE
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This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, or the
laws, rules, and regulations of the United States if EII is providing services funded by the United States 00
Government. Venue shall be in Collier County, Florida, or in the event such claim is a federal cause of action,
in the Federal District Court for the Middle District of Florida,Fort Myers Division w
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ARTICLE XIV
COMPLIANCE
EII shall comply with the requirements of all federal, state, and local laws, rules, codes, ordinances E
and regulations pertaining to this Agreement. C
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ARTICLE XV
ASSIGNMENT
Neither party may assign or transfer its rights or obligations under this Agreement without the prior
written consent of the other party.
ARTICLE XVI
HEADINGS 0
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Article headings have been included in this Agreement solely for the purpose of convenience and
shall not affect the interpretation of any of the terms of this Agreement.
ARTICLE XVII
WAIVER U
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A waiver of any performance 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 2
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 XVIII
ADDITIONAL RIGHTS AND REMEDIES
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Nothing contained herein shall be construed as a limitation on such other rights and remedies
available to the parties at law, or in equity, which may now or in the future be applicable..
ARTICLE XIX
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ORDER OF PRECEDENCE
In the event of any conflict between the provisions of the Articles of this Agreement and the
exhibits hereto, the contents of the Articles of this Agreement shall control over the contents of the
exhibits.
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ARTICLE XX a
SEVERABILITY
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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 m
remain in full force and effect. 05
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ARTICLE XXI
PROJECT PUBLICITY
Any news release pertaining to the services performed by EII pursuant to this Agreement must
recognize the contribution of the BCC as a funding source. EII being a not-for-profit corporation receiving
public funding or non-monetary contributions through the COUNTY shall recognize the COUNTY for its
contribution in all promotional materials and at any event or workshop for which COUNTY funds are
allocated. In written materials, the reference to the COUNTY must appear in the same size letters and
font type as the name of any other funding sources. o
In addition, any development project announcement, ceremonial business opening, or publicity
event resulting from efforts of EII, and particularly those projects induced with COUNTY funded
financial incentives or other contributions, will be planned in cooperation with the COUNTY's Office of
Business and Economic Development and Communications Departments 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 or practicable, and potential
prospects will be made aware of the COUNTY's publicity protocol before final inducement with any o
incentive packages or contributions.
ARTICLE XXII
SURVIVABILITY
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Any term, condition, covenant or obligation which requires performance by either party subsequent
to termination of this Agreement shall remain enforceable against such party subsequent to such termination.
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ARTICLE XXIII
THIRD PARTY BENEFICIARIES
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This Agreement is for the benefit of the COUNTY and EIL No third party is an intended ¢
beneficiary so as to entitle that person to sue for an alleged breach of this Agreement.
ARTICLE XXIV
POLITICAL ACTION
EII shall not engage, participate or intervene in any form of political campaign on behalf of, or in
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opposition to, any candidate for political office.
ARTICLE XXV
MERGER; MODIFICATIONS
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This writing embodies the entire agreement and understanding between the parties hereto and there N
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 not be modified, amended, extended, or
canceled, verbally or by conduct of the parties, but only by a written instrument executed by the COUNTY N
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 the COUNTY and E II. v
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ARTICLE XXVI
NOTICES
a)
All notices required or permitted to be given by a party under this Agreement shall be in writing and m
sent to the other party by certified mail, return receipt requested, or by overnight personal delivery service -°
requiring a signature for delivery, and shall be addressed as follows: a)
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a)
If to the COUNTY: Collier County If to EII:
Leo Ochs, County Manager Collier County Marshall Goodman, Executive Director ( ;
3299 Tamiami Trail East, Ste.201 3510 Kraft Road, Suite 200
Naples, FL 34104 Naples,FL 34105
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With a copy,not itself notice,to:
P. Christopher Wegner
Wegner Law PLLC
3510 Kraft Road, Suite 200 w
Naples,FL 34105
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ARTICLE XXVII 0
BUSINESS INCOME
The Accelerator Project is expected to generate Business Income,which includes but, is not limited
to income from service fees, rental fees, usage fees and other miscellaneous revenue generated from the
Program's operations. Private contributions (in-kind, cash, services, etc.) will be excluded from Business
Income. Private contributions revenue may be expended by EII for purposes determined by EII without a)
Board of County Commissioner approval. Private contributions and matching expenses must be maintained Q
separate from the Business Income records and may be reviewed by the County Manager or his designee
upon request. This information is considered confidential and will not become a part of the public records
documentation or County funded records. Business income will be managed,collected, recorded, reported,
and retained by EII within the Accelerator Project. Business income is considered unrestricted funds and
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will be used for program cash flow or allowable program costs. The use of Business income will require
the submission of a revenue reuse plan approved by the County which is attached hereto as Exhibit I. At
the termination of this Agreement, any unspent Business Income and Private contributions will be returned
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to the County or the successor of EII in accordance with the terms and conditions relating to the specific
types of funds and set forth elsewhere in this Agreement.
The establishment of self-sustaining organization is paramount to the relationship created in this
Agreement. During the term of this Agreement it is the intent of the parties that County funding be used
primarily for all expenditures reimbursable under the County's reimbursement policies, whereas Business N
Income may be used or held in reserve until such time it is required or carried forward to the Project's next a
fiscal year. EII's establishment of a Reserve Fund to meet its future cash flow and capital requirements is >`
authorized.
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ARTICLE XXVIII
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SUBCONTRACTS
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EII shall be responsible for all work performed and all expenses incurred for the Project subject to W
reimbursement.
(a)EII may,as appropriate and in compliance with applicable laws, subcontract the delivery of the 2
services for the Project,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 Project shall include provisions whereby EII and Q
the subcontractor agree to abide by all local, state and federal laws and indemnify and hold
harmless COUNTY. c
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ARTICLE XXIX
BUDGET MODIFICATION `o
Modifications to the "Budget and Scope"may only be made if approved in advance. For purposes
of EIl's operations as Administrative Entity, budgeted funds shifts by EII between budget category may be
up to 20% and shall not signify or be construed as a change in scope if advance approval is obtained in
writing by the County Manager or his designee. Individual Budget Category cumulative changes exceeding c
20%will require an Agreement amendment approved by the Board of County Commissioners.
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EII shall provide quarterly reports on Business Income and private contributions or in-kind private
contribution to the County Manager or his designee. The quarterly report on Business Income and private v
contributions or in-kind private contribution shall detail EII's progress toward the budgeted amount of U
$165,200. In the event seventy percent(70%),$28,910,of Business Income and private contributions or in-
kind private contribution off setting a budget expenditure, has not accrued per quarter, the Fiscal Agent is
authorized to seek BCC approval of an adjusted budget, revenue and expense, in response to revenue
shortfalls. .�
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Packet Pg. 2984
I6.F.14.a
IN WITNESS WHEREOF, this Agreement was dated on the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
: GHT
WIE. BROCK, CLERK OF COLLIER COUNTY,FLORIDA
y•._. By:
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,DEPUTY CLERK Donna Fiala, Chairman N
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ATTEST: ECONOMIC INCUBATORS, INC. m
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By:
By:
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Approved as to form and legality
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Jennifer A. Belpedio, OP
Assistant County Attorney
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20160904001 v. 5
Packet Pg. 2985
I6.F.14.a
EXHIBIT A
SCOPE OF SERVICE
ORGANIZATION: Economic Incubators,Inc.
PROJECT: Naples Accelerator&Florida Culinary Accelerator @ Immokalee o
OBJECTIVE: Project Administration
A
Performance Criteria N
EII shall provide the supporting documentation identified herein below to substantiate the «_
following activities/accomplishments for reimbursement
Deliverable 1: Maintain a minimum Project, as that term is described below, staff of 3
FTEs(Full Time Equivalent as the term is defined by the Internal Revenue Code, as
amended) as evidenced by providing COUNTY with payroll reports,bank statements, a
payroll related canceled checks, and IRS form 941. d
For purposes of the Exhibits, Project shall have the same meaning as set forth in the
Agreement.
Deliverable 2: Administer Project accounting as evidenced by generating and providing
COUNTY with a monthly and year to date statement of activity and report of actual to
budget, a monthly Statement of Financial Position, General Ledger("GL"), and aging
reports for Accounts Receivable ("AR")and Accounts Payable ("AP").
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Deliverable 3: Provide accelerator services to Project participants as evidenced by
providing COUNTY with a quarterly submission of a certification of active participants, c
participant start and end dates,participant stage or progress in the Project and
administrative notes on participants if any were made. o
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16.F.14.a
EXHIBIT B
METHOD OF PAYMENT
ORGANIZATION: Economic Incubators,Inc.
PROJECT: Naples Accelerator&Florida Culinary Accelerator @ Immokalee t0
RELEASE OF FUNDS SHALL BE IN ACCORDANCE WITH THE APPROVED BUDGET AND WILL U
BE MADE UPON RECEIPT OF THE COMPLETED REQUEST FOR PAYMENT FORM. NO
MODIFICATIONS WITHIN BUDGET CATEGORIES SHALL BE FUNDED UNLESS PRIOR WRITTEN °s
APPROVAL HAS BEEN GRANTED BY THE COUNTY MANAGER, OR DESIGNEE, WHICH
APPROVAL SHALL BE CONSISTENT WITH THE TERMS OF THE BUDGET AND THIS
AGREEMENT AND NOT UNREASONABLY WITHHELD. THE COUNTY'S FISCAL YEAR
COMMENCES ON OCTOBER 1st AND ENDS ON SEPTEMBER 30th OF THE FOLLOWING
CALENDAR YEAR. REQUEST FOR PAYMENT FOR SERVICES DELIVERED BETWEEN OCTOBER
1st AND SEPTEMBER 30th MUST BE RECEIVED NO LATER THAN OCTOBER 10 OF EACH
YEAR TO ALLOW CLOSEOUT OF THE COUNTY'S FISCAL YEAR.
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I6.F.14.a
BUDGET DETAIL FOR SERVICES
ORGANIZATION: Economic Incubators,Inc.
PROJECT: Naples Accelerator&Florida Culinary Accelerator @ Immokalee N
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EXHIBIT B 1
Project Budget of County
Budget Category Uses Notes funding
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Personnel Costs 3 FTEs 309,800 v
Rent&Property&Liability County Direct Pay for Naples
Insurance Accelerator lease and insurance 195,200 w
Total County Funding 505,000 a
Funding source Funding generated by Ell's
Project administration
Business Income 115,200 a,
Private Contributions 50,000 (NI
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165,200
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16.F.14.a
EXHIBIT C
PROGRAM PERFORMANCEREPORT
ORGANIZATION: Economic Incubators,Inc.
PROJECT: Naples Accelerator&Florida Culinary Accelerator @ Immokalee
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REPORT PERIOD THROUGH ''
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ACCOMPLISHMENTS:ACCOMPLISHMENTS:
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Report No. Deliverables and Supporting Documentation
1. Submit on or before Deliverable 1: Maintain a minimum Project,as that term is described
January 31,2017,for the below, staff of 3 FTEs(Full Time Equivalent)as evidenced by providing
period of October 1, COUNTY with payroll reports,bank statements,payroll related canceled 2
2016,through December checks,and IRS form 941.
31,2016. E
For purposes of the Exhibits,Project shall have the same meaning as in L
the Agreement. Q
Deliverable 2: Administer Project accounting as evidenced by
generating and providing COUNTY with a monthly and year to date
statement of activity and report of actual to budget, a monthly Statement
of Financial Position,GL,and aging reports for AR and AP. L
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Deliverable 3: Provide accelerator services to Project participants as
evidenced by providing COUNTY with a quarterly submission of a
certification of active participants,participant start and end dates, U
participant stage or progress in the Project and administrative notes on
participants if any were made.
2. Submit on or before Deliverable 1: Maintain a minimum Project staff of 3 FTEs as
April 30, 2017,for the evidenced by providing COUNTY with payroll reports,bank statements, co
period of January 1, payroll related canceled checks,and IRS form 941.
2017,through March 30,
2017. Deliverable 2: Administer Project accounting as evidenced by a)
generating and providing COUNTY with a monthly and year to date
statement of activity and report of actual to budget,a monthly Statement _o
of Financial Position, GL,and aging reports for AR and AP. E'
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Deliverable 3: Provide accelerator services to Project participants as a)
evidenced by providing COUNTY with a quarterly submission of a
certification of active participants,participant start and end dates,
participant stage or progress in the Project and administrative notes on
participants if any were made. t
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3. Submit on or before July Deliverable 1: Maintain a minimum Project staff of 3 FTEs as S
31,2017, for the period evidenced by providing COUNTY with payroll reports,bank statements,
of April 1,2017,through payroll related canceled checks,and IRS form 941.
June 30,2017.
Deliverable 2: Administer Project accounting as evidenced by
generating and providing COUNTY with a monthly and year to date
statement of activity and report of actual to budget, a monthly Statement
of Financial Position, GL,and aging reports for AR and AP. Packet Pg. 2989
I6.F.14.a
Deliverable 3: Provide accelerator services to Project participants as
evidenced by providing COUNTY with a quarterly submission of a
certification of active participants,participant start and end dates,
participant stage or progress in the Project and administrative notes on
participants if any were made.
4. Submit on or before Deliverable 1: Maintain a minimum Project staff of 3 FTEs as
October 10,2017,for the evidenced by providing COUNTY with payroll reports,bank statements, Ta
period of July 1,2017, payroll related canceled checks, and IRS form 941.
through September 30, v
2017. Deliverable 2: Administer Project accounting as evidenced by m
generating and providing COUNTY with a monthly and year to date
statement of activity and report of actual to budget,a monthly Statement
of Financial Position,GL,and aging reports for AR and AP.
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Deliverable 3: Provide accelerator services to Project participants as
evidenced by providing COUNTY with a quarterly submission of a
certification of active participants,participant start and end dates, °'
participant stage or progress in the Project and administrative notes on
participants if any were made.
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Additional submissions of the Program Performance Report may be made to support additional requests for rn
reimbursement as needed to support the programmatic and budgetary requirements of the Project.
II. PROBLEMS:
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16.F.14.a
EXHIBIT D
PAYMENT RECORD CHART FOR EII AGREEMENT
Budget Categories Approved Current Amounts Reimbursement Date
Budget Request Requested but Submission Date reimbursement (.1
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not received
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16.F.14.a
EXHIBIT E
INSURANCE REQUIREMENTS
EII's Liability Insurance:
EII shall procure and maintain in force such insurance as will protect it from claims under Workers' co•,
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, N
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 m
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 ua
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.
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A. General `t
EII shall procure and maintain insurance of the types and to the limits specified in paragraphs B(1)through c
(4)below. All policies of insurance under this Agreement shall include as additional insured COUNTY and
its officers and employees. EII's coverage shall be primary to the County's policy.All policies shall
provide for separation of insured's interests such that the insurance afforded applies separately to each o
insured against whom a claim is made or a suit is brought. 2
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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: w
1. Workers' Compensation-EII 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 U
this Agreement in accordance with Section 440,Florida Statutes. 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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16.F.14.a
EXHIBIT F(CONTINUED)
Employer's Liability
Limit each accident Not Applicable(N/A)
Limit disease aggregate N/A r
Limit disease each employee N/A N
2. Commercial General Liability-Coverage must be afforded on a form no more restrictive than the a
latest edition of the Commercial General Liability Policy filed by the Insurance Service office with limits of Ta
not less than those listed below and must include:
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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 m
not less than those listed below and must include: a,
Business Auto,Hired and non-owned vehicles$500,000.
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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 =
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expiration. U
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 s
described policies.
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16.F.14.a
EXHIBIT F
COLLIER COUNTY CMA#5383
EQUAL EMPLOYMENT OPPORTUNITY(EEO) 172
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[Effective Date: March 17, 1999(Revised: October 1,2001; Revised: October 1,2003;Revised: May
1,2009)]
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§ 5383-1.Purpose.
The purpose of this Instruction is to provide for the implementation of an equal employment opportunity m
(EEO)procedure authorized by the County Manager.
§ 5383-2.Concept.
It is the practice of the County to ensure that all Human Resources procedures are in compliance with state and
federal law. The County prohibits discrimination as defined by state and federal law.
A. All Human Resources practices, including compensation, benefits, discipline, safety, as well as social E
and recreational activities will be administered and conducted in compliance with state and federal law. `
B. Recruitment, selection, placement, promotion, transfer, training, reduction in force and layoff Q
decisions will be based on factors including the candidate's/employee's job-related qualifications and
abilities. Seniority may be considered as a factor given other factors are equal. r�
C. An outreach program may be utilized to recruit, hire and ensure advancement of qualified minority group o
members,women, disabled individuals and veterans.
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D. Collier County government will take necessary steps to ensure that the work environment is free of
unlawful discrimination or harassment. •9
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E. The County will continue to review its Human Resources procedures to ensure that its supervisors o
and managers adhere to its commitment to equal employment opportunity (EEO)principles.
F. Employees who have EEO-related questions, comments or complaints are encouraged to discuss them o
with their Supervisor. If they are unable to resolve the situation through their Supervisor, they may v
discuss it with their Department Director, Division Administrator or a representative from the Human a�
Resources Department. The employee may also utilize the Commitment to Fair Treatment Procedure.
§ 5383-3.Currency. -
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The Human Resources Department is responsible for maintaining the currency of this Instruction.
§5383-4.Reference. a,
Collier County Personnel Ordinance, Ordinance No. 2001-50: Equal Employment Opportunity: It is the polic•
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of Collier County to ensure that all Human Resources policies and practices are administered without regard to
race, color, religion, sex, age, national origin, physical or mental handicap, or marital status.
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16.F.14.a
EXHIBIT G
ROLE AND RESPONSIBILITIES OF ADMINISTRATIVE ENTITY
EII shall achieve and maintain tax-exempt status as a Florida not-for-profit and IRS 501(c)(3). EII will maintain goof
standing with the Florida Secretary of State and corporate formalities under Florida law.
EII will strive to achieve the core objectives and to support the goals and objectives identified in the BCC adopted Busines
Plan for Collier County Innovation Accelerators.
The Board of Directors of EII (serving as the Administrative Entity) shall exercise executive oversight over the Projec
Executive Director. EII, as the Administrative Entity, would provide all required administrative support and managemen
functions collaboratively with the Executive Director, who would generally be responsible for: managing operations U
implementation of the Business Plan;providing Project services; and maintaining compliance with grant requirements. °n
Administrative Entity Functions include,but are not limited to,the following: w
1) Maintain Accelerator Project staff and all associated human resource functions including payroll, benefits, an 26)
insurance.
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2) Management of subleases and related real estate issues,including insurance and leasehold improvement. 1
3) Procurement of equipment, supplies, goods and services required consistent with Exhibit "J" Project Purchasin c
Procedures. °'
4) Disbursement of resources and collection of rents and fees for service.
5) Administer accounting controls and fiscal management(including submitting Exhibit"I") for all assets and finance Q
from Private contributions and Business Income. ..
6) Provide monthly Project Activity Reports as delineated in Exhibit"D"to COUNTY for Project oversight discussio 0
and/or program refinement. r'
7) Administer audit requirements. u,
8) The Administrative Entity shall provide budgetary advice based on the Executive Director's proposed budget and th .2
budget is to be approved by COUNTY. 2
9) Provide all documents pertaining to the Accelerator Project as requested by the COUNTY whether in EII'
possession or the possession of contractors or vendors.
10) Provide executed electronic copies all Applications, Participant Use Agreements, House Rules, Facility Us E
Agreements, and demands for fees or terminations as requested by the County Manager or his designee.
11) Provide an Annual Accomplishment Report in compliance with Section 125.045(4)F.S.to County on an annual basi v
within forty-five (45)days of the end of the term of this Agreement. A presentation to the BCC may be required t
present this report,as needed.
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12) Host two (2) networking or promotional events per month evidenced only by maintenance of sign-in sheets only t U
be submitted by request of the County.
13) Develop a fundraising plan which contemplates achievement of$50,000 annually in private contributions, approve
by the EII Board of Directors,and submitted to the County within 90 days of execution of this Agreement.
14) Provide County with copies of packets submitted to the EII Board of Directors and meeting Agenda and approve .0
Minutes. Provide an invitation to Director of the Office of Business and Economic Development to attend a. w
meetings of the Board of Directors. E
15) Provide County with financial reports including a report of budget variances, monthly account reconciliations for al a)
bank accounts, monthly Master Lists which identify all participants and their fee payment balance, status of numbe Q
of jobs created, amount of capital investment, and amount of capital expenditures by participants with supportin, a.,
documentation within fifteen(15)days of the end of the end of the month
16) Provide County with electronic copies of submittals made in compliance with the requirements of DEO Agreemer
025. Report to County any non-compliance with DEO Agreement 025 as EII becomes aware of such non
compliance.
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16.F.14.a
EXHIBIT H
ROLE AND RESPONSIBILITIES OF THE FISCAL AGENT
COUNTY, as a public entity, has responsibilities for funds received by it from State or Federal sources and fo
funds dedicated by COUNTY for economic development.
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The Fiscal Agent shall provide the oversight and policy direction for the Project. '
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The Fiscal Agent shall have final oversight and approval of the Project budget wherein budgetary advice wa
provided by Administrative Entity based on the Executive Director's proposed budget. N
In the event that Administrative Entity commits resources or enters into a contract and Administrative Entity' v
proposed budget or the approved budget has that line item removed or reduced then Fiscal Agent shall give at leas
thirty (30) days written notice of said action to prevent a negative fiscal event for the Administrative Entity it-
Should
Should a negative fiscal event be created by a line item removal or reduction in the budget the Fiscal Agent agree a
to be responsible for the negative fiscal impact or reimburse Administrative Agent for the negative fiscal event.
The Fiscal Agent shall propound the audit requirements for the Agreement.
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16.F.14.a
EXHIBIT I
REVENUE REUSE PLAN
Revenue Reuse Plan Quarterly Report
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16.F.14.a
REVENUE REUSE PLAN
ADMINISTRATIVE ENTITY: Economic Incubators, Inc.
PROJECT: Accelerator Project
1. The implementation of this Revenue Reuse Plan is predicated on principles of fiscal control and sound polic
which, protects the parties and their constituents within a project with multiple funding sources namely COUNT' N
funding, Business Income, and Private Contributions. By design the Accelerator Project is to be largely sell c
sustaining in future years once established and generating revenue at capacity. Consistent with the Accelerate
Project Budget this Revenue Reuse Plan will govern the use of Business Income as provided for and defined b;
Article XXVII of this Agreement and is intended to establish and authorize the following:
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A. Business Income is authorized to be expended within Project budget categories, at the discretion of th
Executive Director of EII. Furthermore, to address the needs of the organization's cash flow demand and t
promote future self sustainability, a reserve fund that allows Business Income and Private Contributions to b
carried forward into future years is authorized;
2. The Administrative Entity will report Business Income and expenditures through quarterly submission,to the E,
Fiscal Agent,of the Revenue Reuse Plan Quarterly Report, the form is herein below. At the expiration of the term E
of this Agreement,EII will be required to update the Revenue Reuse Plan and obtain approval prior to
implementation.
3. Revenue Reuse Estimated Budget. Business Income Revenue Estimate $115,200.
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16.F.14.a
Revenue Reuse Plan Quarterly Report
Date Business Income Report submitted: Reporting Period
From to
Description of activities that generated the Business Income(BI): (add listing if required)
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Description of activities funded by Business Income(BI): (add listing if required)
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ANNUAL BUDGET BALANCES N_
Bud et Category Budget
B B Y Current Budget BI Expended this Remaining
Ba lance Reporting Period Balance
Organizational expenses $0.00 $0.00 $0.00
Operational Expenses $0.00 $0.00 $0.00
Other Expenses $0.00 $0.00 $0.00 0.5
Fund Balance I $0.00 $0.00 $0.00 W
Total $0.00 $0.00 $0.00
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Certification of Preparer
To the best of my knowledge,the data on this form is correct and all disbursements were made in accordance with grant
regulations.I certify that all Business income is maintained in a separate fund/account. (v
Name and Signature of Preparer: Name and Signature of Authorizing Official: a)
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16.F.14.a
EXHIBIT J
PROJECT PURCHASING STANDARDS
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16.F.14.a
Economic Incubators, Inc.
Procurement Policy
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The following memo outlines the proper notification, accounting, and administrative protocols that the u
Economic Incubators, Inc. ("EII") will follow concerning the issue of contracts and general purchasing >'
activities. This memo will replace the Procurement Policy#FL-002.
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The EII will adhere to the following administrative guidelines for the following 4 categories:
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Petty Cash Purchases under$50 °6
Category 1 Purchases $51 —$5,000 "'
Category 2 Purchases $5,001—$25,000
Category 3 Purchases$25,001 - $750,000
Category 4 Purchases $750,001 and above
Petty Cash: Petty Cash is available for reimbursement of items under$50.
A receipt for purchase is required for reimbursement. A Received of Petty Cash Form will be
completed with employee signature, description of item, expense account, and project charged.
Category 1 Purchases above $51, and less than $5,000, other than general office supplies, shall be approved
by Executive or Deputy Director. When approved, documentation including backup for L
purchase shall be filed pending receipt of item/service and invoice. This procedure includes all
Requests for Travel as well as Professional Development.
Category 2 Purchases $5,001 through $25,000 will require three comparison or price analysis, unless the
item or service is only available from a "Sole Source" vendor. The vendor selection will be 2
approved by Executive or Deputy Director. All approved documentation including backup for °
purchase shall be filed pending receipt of item/service and invoice. u'
Category 3 Purchases $25,001 through $750,000 will require three written quotes, unless the item or U
service is only available from a "Sole Source" vendor. Written quotes will be presented to
Executive or Deputy Director for vendor approval. All app r o v e d documentation
including backup for purchase shall be filed pending receipt of item/service and invoice. 4t5
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Category 4 Purchases $751,000 and above, shall be awarded by competitive sealed bidding. Contract shall a
be advertised for a minimum of 30 days before the deadline for receipt of proposals.
Bids/Proposals will be written and received sealed at the EII office, located at 3510 Kraft Rd,
Suite 200,Naples, FL 34105
Award of bid/proposal shall be awarded to the lowest qualified,responsive,responsible bidder.
All purchases $ 50,000.00 and above shall be brought to the Board for approval. a
Credit Cards Purchases: The visa credit card may be used for purchases,with approval of the Executive/Deputy
Director.
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16.F.14.a
Contracts and Purchases made directly from Grant/Agreement or Contracting Funding will
follow guidelines and rules that have been stipulated in the Grant/Agreement or Contract. If the
policies of the Grant differ from the Purchasing Guidelines of the EII, the Grant stipulations
have priority. ti
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 and services required, or the service is an
add on to a previously awarded contract; 3) when solicitation results in inadequate competition.
These situations will be justified in writing and approved by the Executive or Deputy Director.
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Revision History
June 20, 2016
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