Backup Documents 09/13/2016 Item #16F14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLID 6 F 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
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.
2.
3. County Attorney Office County Attorney Office
10 jaC }1L
4. BCC Office Board of County �F b
Commissioners 0\\\\ O
5. Minutes and Records Clerk of Court's Office
YY\k-1 ILIO 40 3'.
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Phone Number
Contact/ Department "V\"�—� Lk 0
Agenda Date Item was ✓ Ag Item Numb‘e
Approved by the BCC "1 `� 3 _I ( i F,
Type of Document • Number of Original
Attached ` \C QZ- \�Q/h '� Documents Attached • I
PO number or account
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. Si-IN v-` P (Initial) Applicable)
1. Does the document require the chairman's or-i a1-signature? 11
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's 1V/r1
Office and all other parties except the BCC Chairman and the Clerk to the Board 1�1
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. tJ T
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. N /,Q.
Some documents are time sensitive and require forwarding to Tallahassee within a certain `1
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC oncl_I and all changes made during the /
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the •
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/C unty Forms/BCC Forms/Original Documents Roiiting S'p W SOriginal 9.03.04, evised 1.26.05,Revised . Q53�Ze ' i 2
16F14
MEMORANDUM
Date: November 2, 2016
To: Jace Kentner
Office of Business & Economic Development
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Agreement between Collier County & Economic Incubators, Inc.
Attached, for your records is a scanned copy of the document referenced above,
(Agenda Item #16F14) adopted by the Board of County Commissioners on Tuesday,
October 25, 2016.
The original has been kept by the Board's Minutes & Records Department as part of the
Board's Official Records.
If you should have any questions, please call 252-7240.
Thank you.
Attachment
16F14
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
Collier County, a political subdivision of the State of Florida(the "COUNTY"or"Fiscal Entity") and
Economic Incubators, Inc., a Florida not for profit corporation, doing business as the Naples
Accelerator ("Ell"or"Administrative Entity")(the COUNTY and Ell being,each,a"Party"and collectively,
the"Parties").
WITNESSETH
WHEREAS, on September 10, 2013, Agenda Item 11.C, the Board of County Commissioners
("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 Ell (the "Agreement") designating EII as the Administrative Entity for the Collier County Soft
Landing Accelerator/Incubator Development Strategy("Accelerator Project"),effective October 1, 2014 through
September 16,2015;
WHEREAS, on September 9, 2015, Agenda Item 11.J, the Board of County Commissioners
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
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 fmds 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 fords 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
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
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
AND
ROLES AND RESPONSIBILITIES
EII shall administer the Accelerator Project by performing the Roles and
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.
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.
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 N
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
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. Ell 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.
All payment requests shall be submitted in accordance with COUNTY procedures and in a form
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
Performance Report and Exhibit "D" Payment Record Chart in a form acceptable to the COUNTY and Ell,
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
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 hi writing specifying those services which
it alleges have not been performed or fully performed and Ell 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
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 pm-rata basis.
ER shall submit its Program Performance Reports monthly on or before the 15"
day of the month and year-end analysis, and any other required reports shall be submitted within forty
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.
ARTICLE V
MAINTENANCE OF RECORDS
EU shall maintain such fmancial 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 Ell under the terms of
this Agreement.
Ell 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
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
Contributions are not considered a part of the records that must to be provided as delineated above. At the
COUNTY's request a COUNTY representative may review the Business Income and Private Contributions
records. EII shall also provide timely and reasonable access to Ell's Executive Director at times convenient
for the COUNTY for the purpose of questions or explanations related to such records and accounts. Ell
shall retain for such inspection all of its records and supporting documentation applicable to this Agreement
for a period of five (5) State of Florida fiscal years from the date COUNTY'S Grant Agreement SL007,
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
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 Ell 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:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
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
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
Any exempt or confidential records withheld by EH in a reasonable attempt to comply with
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.
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 TIlE CUSTODIAN OF PUBLIC
RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East,Suite 102
Naples,FL 34112-5746
Telephone:(239)252-8383
ARTICLE VI
INDEMNIFICATION
To the extent allowed by Florida law, Ell shall indemnify, defend, and hold COUNTY harmless
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.
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 Ell harmless
from all claims,suits,judgments,or damages to the extent the same arise from the negligence or 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 VII
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 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
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 Ell 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
EOUAL OPPORTUNITY CLAUSE
Ell 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.
ARTICLE IX
STATEMENT OF ASSURANCE
During the performance of this Agreement, EII assures the COUNTY that Ell is 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 the COUNTY of Ells
compliance with the Americans with Disabilities Act of 1990, as amended, as applicable. Ell understands
and agrees that this Agreement is conditioned upon the veracity of such statements of assurance.
Furthermore, Ell assures the 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 X
INSURANCE
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
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
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 Ell 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 XI
CONFLICT OF INTEREST
Ell 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
EU shall administer, in good faith, a policy designed to ensure that EIPs employees, agents and
subcontractors are free from the illegal use,possession, or distribution of drugs or alcohol.
ARTICLE XIII
GOVERNING LAW: VENUE
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 Ell is providing services funded by the United States
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
ARTICLE XIV
COMPLIANCE
EII shall comply with therequirements of all federal, state, and local laws, rules, codes, ordinances
PY
and regulations pertaining to this Agreement.
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
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
WAIVED
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
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
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.
ARTICLE XX
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 XXI
PROJECT PUBLICITY
Any news release pertaining to the services performed by EH 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.
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
incentive packages or contributions.
ARTICLE XXII
SURVIVABILITY
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.
ARTICLE XXIII
THIRD PARTY BENEFICIARIES
This Agreement is for the benefit of the COUNTY and EH. 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
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 not be modified, amended, extended, or
canceled, verbally or by conduct of the parties, but only by a written instrument executed by the COUNTY
and Ell. 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.
ARTICLE XXVI
NOTICES
All notices required or permitted to be given by a party under this Agreement shall be in writing and
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:
If to the COUNTY: Collier County If to Ell:
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
With a copy,not itself notice,to:
P.Christopher Wegner
Wegner Law PLLC
3510 Kraft Road,Suite 200
Naples,FL 34105
ARTICLE XXVII
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 Ell for purposes determined by Ell without
Board of County Commissioner approval. Private contributions and matching expenses must be maintained
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 Ell within the Accelerator Project. Business income is considered unrestricted funds and
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 Ell 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
Income may be used or held in reserve until such time it is required or carried forward to the Project's next
fiscal year. Ell's establishment of a Reserve Fund to meet its future cash flow and capital requirements is
authorized.
ARTICLE XXVIII
SUBCONTRACTS
Ell shall be responsible for all work performed and all expenses incurred for the Project subject to
reimbursement.
(a)Ell may,as appropriate and in compliance with applicable laws, subcontract the delivery of the
services for the Project,provided however,that Ell 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 Ell executes for the Project shall include provisions whereby Ell and
the subcontractor agree to abide by all local,state and federal laws and indemnify and hold
harmless COUNTY.
ARTICLE XXIX
BUDGET MODIFICATION
Modifications to the`Budget and Scope"may only be made if approved in advance. For purposes
of Ell's operations as Administrative Entity,budgeted funds shifts by Ell 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
20%will require an Agreement amendment approved by the Board of County Commissioners.
Ell 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
contributions or in-kind private contribution shall detail Ell's progress toward the budgeted amount of
$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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IN WITNESS WHEREOF, this Agreement was dated on the day and year first written above.
Al LEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA
v�' -�.
By t 1hktL4�- . ���� By. J./14240 ja-0:4-
Attest as to Chaff CLQ Dorna Fiala, Chairman
signature only. s,
A FIEST: ECONOMIC INCUBATORS, INC.
By:
Approved as to form and legality
JennifVcK_}743,
Belpedio, . , •
Assistant County Attorney
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EXHIBIT A
SCOPE OF SERVICE
ORGANIZATION: Economic Incubators,Inc.
PROJECT: Naples Accelerator&Florida Culinary Accelerator Immokalee
OBJECTIVE: Project Administration
Performance Criteria
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,
payroll related canceled checks,and IRS form 941.
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").
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.
Al
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EXHIBIT B
METHOD OF PAYMENT
ORGANIZATION: Economic Incubators,Inc.
PROJECT: Naples Accelerator&Florida Culinary Accelerator @ Immokalee
RELEASE OF FUNDS SHALL BE IN ACCORDANCE WITH THE APPROVED BUDGET AND WILL
BE MADE UPON RECEIPT OF THE COMPLETED REQUEST FOR PAYMENT FORM. NO
MODIFICATIONS WITHIN BUDGET CATEGORIES SHALL BE FUNDED UNLESS PRIOR WRITTEN
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.
B1
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BUDGET DETAIL FOR SERVICES
ORGANIZATION: Economic Incubators,Inc.
PROJECT: Naples Accelerator&Florida Culinary Accelerator @ Immokalee
EXHIBIT B 1
Project Budget of County
Budget Category Uses Notes funding
Personnel Costs 3 FTEs 309,800
Rent&Property&Liability County Direct Pay for Naples
Insurance Accelerator lease and insurance 195,200
Total County Funding 505,000
Funding source Funding generated by EII's
Project administration
Business Income 115,200
Private Contributions 50,000
165,200
B2
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EDIT C
PROGRAM PERFORMANCEREPORT
ORGANIZATION: Economic Incubators,Inc.
PROJECT: Naples Accelerator&Florida Culinary Accelerator @ Immokalee
REPORT PERIOD THROUGH
I. ACCOMPLISHMENTS:
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
2016,through December checks,and IRS form 941.
31,2016.
For purposes of the Exhibits,Project shall have the same meaning as 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,GL,and aging reports for AR and AP.
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.
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,
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
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.
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.
3. Submit on or before July Deliverable 1: Maintain a minimum Project staff of 3 FTEs as
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.
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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.
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,
period of July 1,2017, payroll related canceled checks,and IRS form 941.
through September 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.
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.
Additional submissions of the Program Performance Report may be made to support additional requests for
reimbursement as needed to support the programmatic and budgetary requirements of the Project.
II. PROBLEMS:
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EXHIBIT D
PAYMENT RECORD CHART FOR EH AGREEMENT
Budget Categories Approved Current Amounts Reimbursement Date Rei
Budget Request Requested but Submission Date reimbursement Bal
not received
reimbursed
16 F 14
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'
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 ER 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. 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
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-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
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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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:
Business Auto,Hired and non-owned vehicles$500,000.
4. Professional Liability: $_N/A per claim
5. Certificate of Insurance and Copies of Policies-Certificates of Insurance will be furnished by Ell
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 Ell 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 F
COLLIER COUNTY CMA#5383
EQUAL EMPLOYMENT OPPORTUNITY(EEO)
[Effective Date:March 17,1999(Revised:October 1,2001;Revised: October 1,2003;Revised: May
1,2009)]
§5383-1.Purpose.
The purpose of this Instruction is to provide for the implementation of an equal employment opportunity
(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
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
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.
C. An outreach program may be utilized to recruit, hire and ensure advancement of qualified minority group
members,women,disabled individuals and veterans.
D. Collier County government will take necessary steps to ensure that the work environment is free of
unlawful discrimination or harassment.
E. The County will continue to review its Human Resources procedures to ensure that its supervisors
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
with their Supervisor. If they are unable to resolve the situation through their Supervisor, they may
discuss it with their Department Director, Division Administrator or a representative from the Human
Resources Department. The employee may also utilize the Commitment to Fair Treatment Procedure.
§5383-3.Currency.
The Human Resources Department is responsible for maintaining the currency of this Instruction.
§5383-4.Reference.
Collier County Personnel Ordinance, Ordinance No. 2001-50: Equal Employment Opportunity: It is the policy
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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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(cX3). Ell will maintain good
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 Business
Plan for Collier County Innovation Accelerators.
The Board of Directors of EII (serving as the Administrative Entity) shall exercise executive oversight over the Project
Executive Director. EII, as the Administrative Entity, would provide all required administrative support and management
functions collaboratively with the Executive Director, who would generally be responsible for: managing operations;
implementation of the Business Plan;providing Project services;and maintaining compliance with grant requirements.
Administrative Entity Functions include,but are not limited to,the following:
1) Maintain Accelerator Project staff and all associated human resource functions including payroll, benefits, and
insurance.
2) Management of subleases and related real estate issues,including insurance and leasehold improvement.
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) Administer accounting controls and fiscal management(including submitting Exhibit"I")for all assets and finances
from Private contributions and Business Income.
6) Provide monthly Project Activity Reports as delineated in Exhibit"D"to COUNTY for Project oversight discussion
and/or program refinement.
7) Administer audit requirements.
8) The Administrative Entity shall provide budgetary advice based on the Executive Director's proposed budget and the
budget is to be approved by COUNTY.
9) Provide all documents pertaining to the Accelerator Project as requested by the COUNTY whether in EII's
possession or the possession of contractors or vendors.
10) Provide executed electronic copies all Applications, Participant Use Agreements, House Rules, Facility Use
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 basis
within forty-five(45)days of the end of the term of this Agreement. A presentation to the BCC may be required to
present this report,as needed.
12) Host two(2)networking or promotional events per month evidenced only by maintenance of sign-in sheets only to
be submitted by request of the County.
13) Develop a fundraising plan which contemplates achievement of$50,000 annually in private contributions, approved
by the EU 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 approved
Minutes. Provide an invitation to Director of the Office of Business and Economic Development to attend all
meetings of the Board of Directors.
15) Provide County with financial reports including a report of budget variances,monthly account reconciliations for all
bank accounts, monthly Master Lists which identify all participants and their fee payment balance, status of number
of jobs created, amount of capital investment, and amount of capital expenditures by participants with supporting
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 Agreement
025. Report to County any non-compliance with DEO Agreement 025 as EII becomes aware of such non-
compliance.
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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 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 Executive 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 shall propound the audit requirements for the Agreement.
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EXHBIT I
REVENUE REUSE PLAN
Revenue Reuse Plan Quarterly Report
6
REVENUE REUSE PLAN 16 F 14
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 policy
which, protects the parties and their constituents within a project with multiple funding sources namely COUNTY
funding, Business Income, and Private Contributions. By design the Accelerator Project is to be largely self-
sustaining in future years once established and generating revenue at capacity. Consistent with the Accelerator
Project Budget this Revenue Reuse Plan will govern the use of Business Income as provided for and defined by
Article XXVII of this Agreement and is intended to establish and authorize the following:
A. Business Income is authorized to be expended within Project budget categories, at the discretion of the
Executive Director of EII. Furthermore, to address the needs of the organization's cash flow demand and to
promote future self sustainability, a reserve fund that allows Business Income and Private Contributions to be
carried forward into future years is authorized;
2. The Administrative Entity will report Business Income and expenditures through quarterly submission,to the
Fiscal Agent, of the Revenue Reuse Plan Quarterly Report, the form is herein below. At the expiration of the term
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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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)
Description of activities funded by Business Income(BI): (add listing if required)
APINUAL BUDGET BALANCES
Budget Category Budget Current Budget BI Expended this Remaining
Balance 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
Fund Balance I l $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00
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.
Name and Signature of Preparer: Name and Signature of Authorizing Official:
Print Name Print Name
8
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EXHIBIT J
PROJECT PURCHASING STANDARDS
9
16F14
Economic Incubators, Inc.
Procurement Policy
The following memo outlines the proper notification, accounting, and administrative protocols that the
Economic Incubators, Inc. ("EII")will follow concerning the issue of contracts and general purchasing
activities.This memo will replace the Procurement Policy#FL-002.
The EII will adhere to the following administrative guidelines for the following 4 categories:
Petty Cash Purchases under$50
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
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
approved by Executive or Deputy Director. All approved documentation including backup for
purchase shall be filed pending receipt of item/service and invoice.
Category 3 Purchases $25,001 through $750,000 will require three written quotes, unless the item or
service is only available from a "Sole Source" vendor. Written quotes will be presented to
Executive or Deputy Director for vendor approval. All approve d documentation
including backup for purchase shall be filed pending receipt of item/service and invoice.
Category 4 Purchases $751,000 and above, shall be awarded by competitive sealed bidding. Contract shall
be advertised for a minimum of 30 days before the deadline for receipt of proposals.
Bids/Proposals will be written and received sealed at the EII office,located at 3510 Kraft Rd,
Suite 200,Naples,FL 34105
Award of bid/proposal shall be awarded to the lowest qualified,responsive,responsible bidder.
All purchases$ 50,000.00 and above shall be brought to the Board for approval.
Credit Cards Purchases: The visa credit card may be used for purchases,with approval of the Executive/Deputy
Director.
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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.
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.
Revision History
June 20,2016
1