Agenda 10/10/2017 Item #16F16Proposed Agenda Changes
Board of County Commissioners Meeting
October 10, 2017
Withdraw Item 9B: ***This item has been continued from the September 26, 2017 BCC Meeting
Agenda.*** This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve an amendment to Ordinance Number 2005 -63, as
amended, the Cirrus Pointe RPUD, to reduce the minimum floor area for multi family dwelling units, and to
approve a second amended and restated Affordable Housing Density Bonus Agreement to allow the
Developer to have the option of constructing owner occupied units or rental units designated as Affordable
Housing Units. The subject property, consisting of 9.92± acres, is located at the northe ast corner of
Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier County,
Florida. [PUDA- PL20170001626] (Petitioner’s request)
Move Item 16A12 to Item 11J: Recommendation to approve a Capital Improvement Project of
approximately $114,208, for the installation of two (2) Beach Tractor Shelters to be installed at the
Tigertail Beach Park and the Vanderbilt Beach Parking Garage to facilitate adequate equipmen t
protection and cleaning operations to prolong the operational life of beach cleaning equipment and make a
finding that this item promotes tourism. (Commissioner Taylor’s request)
Withdraw Item 16D3: Recommendation to approve a Community Development Blo ck Grant (CDBG)
release of a 20-year lien for the associated Boys & Girls Club of Collier County land acquisition project
consistent with CDBG requirements. (Staff’s request)
Continue Item 16F15 to the October 24, 2017 BCC Meeting: Recommendation to renew and approve
the annual Agreement between the Southwest Florida Economic Development Alliance, Inc. and Collier
County in continued support of the established public-private partnership designed to advance the
County’s economic development efforts. (Commissioner McDaniel’s request)
Continue Item 16F16 to the October 24, 2017 BCC
Meeting: Recommendation to renew and approve the
annual Agreement between the Partnership for Collier’s
Future Economy, Inc. (“Partnership”) and Collier County
in continued support of the established public-private
partnership designed to advance the County’s economic
development efforts. (Commissioner McDaniel’s request)
Continue Item 16F17 to the October 24, 2017 BCC Meeting: Recommendation to renew and approve
the annual 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. (Commissioner McDaniel’s request)
Move Item 16H2 to Item 10A: Recommendation to direct the County Attorney to advertise and bring
back for a public hearing an ordinance reestablishing the Productivity Committee. (Commissioner Fiala’s
request)
10/10/2017
EXECUTIVE SUMMARY
Recommendation to renew and approve the annual A greement between the Partnership for
Collier’s Future Economy, Inc. (“Partnership”) and Collier C ounty in continued support of
the established public-private partnership designed to advance the County’s economic
development efforts.
OBJECTIVE: To have the Board of County Commissioners (Board) consider and approve
the Fiscal Year 2018, Agreement between Collier County, Florida and the Partnership.
CONSIDERATIONS: On September 10, 2013, Agenda Item 11.C., the Board approved the Office
of Business & Economic Development’s FY 2014 Business Plan including a goal of developing a
local economic development partnership. Since that time, staff has continued to advance that
economic development goal under the Board’s direction provided at several Board meetings. On
December 10, 2013, Item Number 10.B, the Board authorized the Agreement with, Partnership for
Collier’s Future Economy, Inc., a not-for-profit entity created by the Greater Naples Chamber of
Commerce, to develop a detailed Community and Economic Development Strategic Plan for our
community. The effort and cost sharing has resulted in the promulgation of the “Opportunity Naples
Strategy”, which was accepted by the Board on November 18, 2014, Agenda Item Number 11.
This Agreement is the progressive next step to implement that strategic plan with activities for 2018.
The specific initiatives and action plans produced as part of the Opportunity Naples Strategy
planning effort form the basis of this Agreement, the Scope of Services, and Roles and
Responsibilities of the Partnership , which further economic development in Collier County.
The deliverables are set forth in Exhibit A, Scope of Services, to the Agreement as follows:
Deliverable 1: Maintaining a minimum PARTNERSHIP staff of 1 full time employee with up to a 90
day grace period in the event of a separation occurrence.
Deliverable 2: Maintain a website that is search-engine optimized and monitor analytic reports on its
usage.
Deliverable 3: Complete 50 retention visits with Collier County businesses. Retention visits are in-
person visits to existing businesses in Collier County which assess the needs of the business and
provides the business with information about resources available.
FISCAL IMPACT: The total cost to the County for the Agreement will not exceed $100,000 in
FY 2018. Funding is appropriated for this expenditure in the approved Business and Economic
Development Division FY 2018 budget.
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 action - JAB.
10/10/2017
RECOMMENDATION: That the Board of County Commissioners approves the Fiscal Year 2018
Agreement between the Partnership for Collier’s Future Economy, Inc. and Collier County in
continued support of the established public-private partnership designed to advance the County’s
economic development efforts.
Prepared by: Jace Kentner, Director, Office of Business & Economic Development.
ATTACHMENT(S)
1. FY 18 Partnership CAO stamped (PDF)
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.16
Doc ID: 3876
Item Summary: Recommendation to renew and approve the annual Agreement between the
Partnership for Collier’s Future Economy, Inc. (“Partnership”) and Collier County in continued support of
the established public-private partnership designed to advance the County’s economic development
efforts.
Meeting Date: 10/10/2017
Prepared by:
Title: – Business and Economic Development
Name: Danielle Jensen
10/04/2017 9:04 AM
Submitted by:
Title: Economic Research Analyst – Business and Economic Development
Name: Jace Kentner
10/04/2017 9:04 AM
Approved By:
Review:
Business and Economic Development Jace Kentner Additional Reviewer Completed 10/04/2017 9:07 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/04/2017 2:32 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/04/2017 2:38 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/04/2017 2:57 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 10/04/2017 4:36 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/04/2017 5:05 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM
AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA
AND
THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY, INC.
THIS AGREEMENT ("Agreement") is made and entered into this 10th day of
October, 2017, by and between Collier County, a political subdivision of the State of Florida
(the "COUNTY"), and the Partnership for Collier's Future Economy, Inc.
("PARTNERSHIP"), a Florida not-for-profit corporation, whose address is 2390 Tamiami
Trail N #210, Naples, FL 34103 ("PARTNERSHIP").
WITNESSETH
WHEREAS, the COUNTY has determined that strategic planning, business retention,
expansion, attraction and workforce/talent efforts through the PARTNERSHIP to assist the private
sector and other governmental agencies will enhance Collier County's economic well-being, are
activities in the public interest and are lawful and beneficial purposes of the COUNTY; and
WHEREAS, the PARTNERSHIP is a business and economic development organization
with the mission to enhance Collier County's economic well-being and create a vision to strengthen
and maintain Collier County as a leading business center of Southwest Florida; and
WHEREAS, the PARTNERSHIP collaborates with the COUNTY in the achievement
of the economic development goals and objectives of the Collier County Board of County
Commissioners (the "BCC"); and
WHEREAS, the COUNTY enjoys broad Home Rule Powers, which include the authority
to enter into agreements to enhance economic development within Collier County; and
WHEREAS, Section 125.045, Florida Statutes (County economic development powers)
provides, in part, as follows:
"(1) The Legislature finds and declares that this state faces increasing competition
from other states and other countries for the location and retention of private
enterprises within its borders. Furthermore, the Legislature finds that there is a need
to enhance and expand economic activity in the counties of this state by attracting
and retaining manufacturing development, business enterprise management, and
other activities conducive to economic promotion, in order to provide a stronger,
more balanced, and stable economy in the state; to enhance and preserve purchasing
power and employment opportunities for the residents of this state; and to improve
the welfare and competitive position of the state. The Legislature declares that it is
necessary and in the public interest to facilitate the growth and creation of business
enterprises in the counties of the state.
(2) The governing body of a county may expend public funds to attract and retain
business enterprises, and the use of public funds toward the achievement of such
economic development goals constitutes a public purpose. The provisions of this
chapter which confer powers and duties on the governing body of a county,
including any powers not specifically prohibited by law which can be exercised by
the governing body of a county, must be liberally construed in order to effectively
carry out the purposes of this section.
(3) For the purposes of this section, it constitutes a public purpose to expend
public funds for economic development activities, including, but not limited to,
developing or improving local infrastructure, issuing bonds to finance or refinance
the cost of capital projects for industrial or manufacturing plants, leasing or
conveying real property, and making grants to private enterprises for the expansion
of businesses existing in the community or the attraction of new businesses to the
community"; and
WHEREAS, the PARTNERSHIP, in concert with the BCC, has determined that the strategies
and corresponding Key Initiatives to achieve such objectives include those below:
• Implementing the Economic Development Strategic Plan adopted by the BCC;
• Providing existing businesses with access to -long-term expansion/retention services;
• Recruiting new businesses and marketing Collier County in order to attract
employment opportunities for residents;
• Engaging Enterprise Florida, regional utility providers and other economic
development partners as Collier's Point of Contact, and
WHEREAS, the COUNTY desires to have the PARTNERSHIP provide private sector
leadership to achieve the strategies set forth above and the PARTNERSHIP is willing to
undertake such functions under the terms of this Agreement; and
WHEREAS, the parties wish to enter into an Agreement, as stated below, to continue the
COUNTY's support of the PARTNERSHIP in Fiscal Year 2018.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein and other good and valuable consideration, the COUNTY
and PARTNERSHIP agree as follows:
ARTICLE I
SCOPE OF SERVICES
AND
ROLES AND RESPONSIBILITIES
The PARTNERSHIP shall promote economic development for the COUNTY by
providing the services and activities described in Exhibit "A," Scope of Services, 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 performedby the PARTNERSHIP.
The matrix in Exhibit "G" which is incorporated herein by this reference defines the
broader COUNTY economic development relationship with the PARTNERSHIP, which
will be reviewed and monitored by COUNTY staff.
ARTICLE II
PERIOD OF AGREEMENT
This Agreement shall be effective upon execution by both parties and shall cover
services provided from October 1, 2017, through September 30, 2018, unless terminated in
accordance with this Agreement or extended by mutual written Agreement of the parties.
ARTICLE III
CONSIDERATION AND LIMITATION
For its performance under this Agreement, the PARTNERSHIP will receive funds
from the COUNTY in an amount not to exceed One Hundred Thousand Dollars ($100,000).
It is intended that the services performed by the PARTNERSHIP shall be on a cost -
reimbursement methodology for actual eligible expenditures. Actual expenditures eligible as
a basis for reimbursement can and shall include salaries and employee benefits (dental, vision,
and health insurance) and costs for PARTNERSHIP personnel performing services described
in Exhibit "B." The PARTNERSHIP shall be entitled to compensation upon BCC approval
of the Agreement, distributed no more frequently than on a quarterly basis for reimbursement
of eligible expenses approved by the County and Clerk of Court.
All invoices shall be submitted in accordance with COUNTY procedures and in a form
acceptable to the COUNTY and the PARTNERSHIP, as generally outlined in Exhibit `B,"
Method of Payment and Budget Detail, and Exhibit "C," Program Performance Report,
attached hereto and by reference made a part hereof.
Eligible operating expenses incurred to provide services consistent with the scope of
services described in Exhibit "A" are outlined in Exhibit `B." In no event will COUNTY
funds be expended for the PARTNERSHIP's purchase of food, beverages or entertainment
costs or in support of electioneering.
ARTICLE IV
PAYMENT AND REPORTING REQUIREMENTS
For its performance under this Agreement, County shall reimburse to the PARTNERSHIP
actual eligible expenditures. All payment requests by the PARTNERSHIP to the COUNTY shall
be submitted with a completed Program Performance Report, Exhibit "C," and Exhibit "D,"
Payment Record Chart, in a form acceptable to the COUNTY and the PARTNERSHIP, as
generally outlined and set forth in Exhibit "C," attached hereto and by reference made a part hereof.
Payments to the PARTNERSHIP will be made within Forty-five (45) days of requests, in
compliance with the Local Government Prompt Payment Act, in accordance with the procedures
specified in Exhibit B," Method of Payment and Budget Detail for Services. If the COUNTY
determines, through its inspection or review that the PARTNERSHIP has not performed or is
performing less than the total agreed upon services, then the COUNTY shall notify the
PARTNERSHIP in writing, specifying those services that it alleges have not been performed or
fully performed, and the PARTNERSHIP shall have thirty (3 0) days from receipt thereof to submit
a then -current Program Performance Report, which shall address such allegations in detail and/or
r''
shall meet with the appropriate representatives of the COUNTY to discuss resolution thereof and
cure or remedy any services not fully performed. Upon failure thereof, the COUNTY shall be
entitled to reduce payment otherwise due for such services not fully performed on a pro -rata basis.
Performance will be measured by the defined Scope of Services set out in Exhibit "A" or a
percentage of defined service goals completed and by such other standards as the parties may agree
upon in writing. The PARTNERSHIP shall submit its first payment request and Program
Performance Report for the period October 1, 2017, through December 31, 2017, on or before
January 31, 2018. The PARTNERSHIP shall submit its second payment request and Program
Performance Report for the period of January 1, 2018, through March 31, 2018, on or before April
30, 2018, The PARTNERSHIP shall submit its third payment request for the period of April 1,
2018, through June 30, 2018, on or before July 31, 2018. The PARTNERSHIP shall submit its
final payment request, Program Performance Report and a year-end analysis and any other
required reports on or before October 10, 2018. If the PARTNERSHIP fails to comply with the
requirements of this Article, the COUNTY may refuse to honor or be held liable for payment of
any late request(s) for payment.
ARTICLE V
MAINTENANCE OF RECORDS
The PARTNERSHIP shall maintain such financial records and accounts, including
invoices, purchase orders and backup materials or documents as are deemed necessary to assure a
proper accounting for all COUNTY funds for which the COUNTY is obligated to reimburse the
PARTNERSHIP under the terms of this Agreement. 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. The PARTNERSHIP 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.
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 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 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
4
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami TrailEast, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
ARTICLE VI
INDEMNIFICATION
The PARTNERSHIP shall indemnify, hold harmless and defend the COUNTY, its agents
and employees from and against any and all liabilities, losses, claims, damages, demands, expenses
or actions, either at law or in equity, including court costs and attorneys' fees, that may hereafter
at any time be made or brought by anyone on account of personal injury, property damage, loss of
monies, or other loss, allegedly caused or incurred, in whole or in part, as a result of any negligent,
wrongful or intentional act or omission, or based on any act of fraud or defalcation by the
PARTNERSHIP, its agents, subcontractors, assigns, heirs, and employees during the performance
under this Agreement. The extent of its indemnification shall be limited by the insurance available
to the PARTNERSHIP in accord with Article X of this Agreement. In any and all claims against
the COUNTY or any of its agents or employees by any employee of the PARTNERSHIP, any
subcontractor, heir, assign, anyone directly or indirectly employed by any of them, or anyone for
whose acts any of them may be liable, the indemnification obligation under this paragraph shall
be limited to the amount or type of damages, compensation or benefits payable by or for all
employees of the PARTNERSHIP or any subcontractor under workers' compensation acts,
disability benefit acts or other employee benefit acts.
ARTICLE VII
TERMINATION
This Agreement may be terminated for any reason by either party by giving a minimum of
one hundred twenty days (120) prior written notice of such intent, specifying the effective date
thereof to the other parties.
The aforesaid termination notices, as well as other notices required herein, shall be
considered received by the PARTNERSHIP 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 in Article XXVIII of this Agreement.
ARTICLE VIII
EQUAL OPPORTUNITY CLAUSE
The PARTNERSHIP agrees to abide by the provisions contained in Collier County CMA
#5383, as amended, which is incorporated herein by reference in Exhibit "F."
ARTICLE IX
STATEMENT OF ASSURANCE
During the performance of this Agreement, the PARTNERSHIP assures the COUNTY that
the PARTNERSHIP 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 the PARTNERSHIP does not, on the grounds of race, color, national
origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against
the PARTNERSHIP's employees or applicants for employment. Further, the PARTNERSHIP
assures the COUNTY of the PARTNERSHIP's compliance with the Americans with Disabilities
Act of 1990, as amended, as applicable. The PARTNERSHIP understands and agrees that this
Agreement is conditioned upon the veracity of such statements of assurance. Furthermore, the
PARTNERSHIP assures the COUNTY that it will comply with Title VII of the Civil Rights Act
of 1964 when federal grant(s) 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
The PARTNERSHIP shall provide and maintain the following insurance coverages in the
amounts specified throughout the period of this Agreement on behalf of the PARTNERSHIP and
the COUNTY, by naming the COUNTY as an additional insured under the policies of the
insurance it maintains; a copy of the declarations page thereof being attached as Exhibit E, as
follows: Commercial General Liability insurance,: within coverage limits of $500,000 general,
which shall apply to claims that may be asserted against the COUNTY by reason of the act or
activities of the PARTNERSHIP. The PARTNERSHIP shall maintain workers' compensation
coverage, as required by Florida law.
All insurance shall be from responsible companies duly authorized to do business in the
State of Florida. Every insurance policy must provide for up to thirty (30) days prior written notice
to the COUNTY for any cancellation, intent not to renew, or reduction in the policy coverage.
Coverage shall be documented by a Certificate of Insurance.
ARTICLE XI
CONFLICT OF INTEREST
The PARTNERSHIP 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 that would conflict in any manner with
the performance of service required hereunder.
ARTICLE XII
DRUG FREE WORKPLACE
6
The PARTNERSHIP shall administer, in good faith, a policy designed to ensure that the
PARTNERSHIP's employees, agents and subcontractors are free from 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.
Venue shall be in Collier County, Florida.
ARTICLE XIV
COMPLIANCE
The PARTNERSHIP shall comply with the requirements of all federal, state, and local
laws, rules, codes, ordinances 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 reflect the interpretation of any of the terms. of this Agreement.
ARTICLE XVII
WAIVER
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
ORDER OF PRECEDENCE
If there is 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 or other type of publicity pertaining to the services performed by the
PARTNERSHIP pursuant to this Agreement must recognize the contribution of the BCC as a
funding source. The PARTNERSHIP being a not-for-profit corporation receiving public funding
or non -monetary contributions through the COUNTY shall recognize the COUNTY for its
contribution on all promotional materials and at any event or workshop for which the 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 funding source.
In addition, any development project announcement, ceremonial business opening, or
publicity event resulting from the efforts of the PARTNERSHIP and, particularly those projects
induced with COUNTY funded financial incentives or contributions, will be planned in
cooperation with the COUNTY's Office of Business and Economic Development and
Communications Departments for purposes of coordinating the COUNTY's official COUNTY
protocol and public recognition. Prior notification to the two departments for such events will be
made no less than 15 working days whenever possible or practicable and potential prospects will
be made aware of the COUNTY's publicity protocol before the final inducement with any
incentive packages or contributions.
ARTICLE XXII
SURVIVABILITY
Any term, condition, covenant or obligation that requires performance by either party
subsequent to termination of this Agreement shall remain enforceable against such party
subsequent to such termination.
ARTICLE XXII
THIRD -PARTY BENEFICIARIES
This Agreement is for the benefit of the COUNTY and the PARTNERSHIP. 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
The PARTNERSHIP shall not engage, participate or intervene in any form of political
campaign on behalf of, or in 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 only be
modified, amended, extended or cancelled, by written instrument executed by the COUNTY and
the PARTNERSHIP. Similarly, no contract that 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 the
PARTNERSHIP.
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: If to the PARTNERSHIP:
Collier County The Partnership for Collier's Future Economy
Leo Ochs, County Manager, Collier County Michael Dalby, President and CEO
3299 Tamiami Trail East, Suite 201 2390 Tamiami Trail North, Suite 210
Naples, FL 34112 Naoles. FL 34103
IN WITNESS WHEREOF, this Agreement was dated on the day and year first written above.
ATTEST:
DWIGHT E. BROCK, CLERK
, DEPUTY CLERK
ATTEST:
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Penny Taylor, Chairman
THE PARTNERSHIP FOR COLLIER'S FUTURE
ECONOMY, INC.,
Michael Dalby, President and CEO
Approved as to form and legality
Jennifer A. Belpedio,
Assistant County Attorney
<D(' �I
`01
10
EXHIBIT A
SCOPE OF SERVICES
ORGANIZATION: The Partnership for Collier's Future Economy, Inc.
PROGRAM: Economic Development Services
Performance Criteria
PARTNERSHIP shall provide the supporting documentation identified on Exhibit C
to substantiate the following activities/accomplishments for reimbursement:
Deliverable 1: Maintaining a minimum PARTNERSHIP staff of 1 full time employee with up
to a 90 day grace period in the event of a separation occurrence.
Deliverable 2: Maintain a website that is search -engine optimized and monitor analytic reports
on its usage.
Deliverable 3: Complete 50 retention visits with Collier County businesses. Retention visits are
in-person visits to existing businesses in Collier County which assess the needs of the business
and provides the business with information about resources available.
11
EXHIBIT B
METHOD OF PAYMENT
AND
BUDGET DETAIL
ORGANIZATION: The Partnership for Collier's Future Economy, Inc.
PROGRAM: Economic Development Services
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 THE BUDGET CATEGORIES SHALL BE FUNDED
UNLESS PRIOR WRITTEN APPROVAL HAS BEEN GRANTED BY THE COUNTY
MANAGER, WHOSE APPROVAL SHALL BE CONSISTENT WITH THE TERMS OF THE
COUNTY/PARTNERSHIP BUDGET AND AGREEMENT, AND NOT UNREASONABLY
WITHHELD. THE COUNTY'S FISCAL YEAR COMMENCES ON OCTOBER 1sT AND
ENDS ON SEPTEMBER 30TH OF THE FOLLOWING CALENDAR YEAR. INVOICES FOR
SERVICES DELIVERED BETWEEN OCTOBER 1ST AND SEPTEMBER 30TH MUST BE.
RECEIVED NO LATER THAN OCTOBER 10TH OF EACH YEAR TO ALLOW CLOSEOUT
OF THE COUNTY'S FISCAL YEAR. IN NO EVENT, HOWEVER, SHALL PAYMENTS TO
THE PARTNERSHIP UNDER THIS AGREEMENT EXCEED $100,000.00 PER COUNTY
FISCAL YEAR.
TOTAL (County Portion): $100,000.00 (fiscal year)
The requests for payment shall include the report on progress on the deliverables identified in the
agreed Scope of Services.
BUDGET DETAIL FOR SERVICES
Budget Category
Approved Budget
Deliverable 1: 1 full time employee salary
including benefits
$70,000.00
Deliverable 2: Website (annual maintenance
of modules/functionals
$15,000.00
Deliverable 3: Complete gretention visits
$15,000.00
Total
$100,000.00
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EXHIBIT C
PROGRAM PERFORMANCE REPORT
ORGANIZATION: The Partnership for Collier's Future Economy, Inc.
PROGRAM: Economic Development Services
REPORT PERIOD THROUGH
ACCOMPLISHMENTS:
Report No.
Deliverables
1. Submit on or before
Deliverable 1: Maintain a minimum PARTNERSHIP staff of 1 full
January 3 I, 2018, for the
time employee as evidenced by submitting payroll reports, bank
period of October 1, 2017,
statements, payroll related canceled checks, and IRS form 941.
through December 31,
2017.
Deliverable 2: Maintain a website that is search -engine optimized
and monitor analytic reports on its usage as evidenced by submission
of analytic reports.
Deliverable 3: Progress toward 50 retention visits with Collier
County businesses as evidenced by submitting a report listing
businesses visited and date visited.
2. Submit on or before April
Deliverable 1: Maintain a minimum PARTNERSHIP staff of 1 full
30, 2018, for the period of
time employee as evidenced by submitting payroll reports, bank
January 1, 2018, through
statements, payroll related canceled checks, and IRS form 941.
March 30, 2018. .
Deliverable 2: Maintain a website that is search -engine optimized
and monitor analytic reports on its usage as evidenced by submission
of analytic reports.
Deliverable 3: Progress toward 50 retention visits with Collier
County businesses as evidenced by submitting a report listing
businesses visited and date visited.
3. Submit on or before July
Deliverable 1: Maintain a minimum PARTNERSHIP staff of 1 full
31, 2018, for the period of
time employee as evidenced by submitting payroll reports, bank
April 1, 2018, through June
statements, payroll related canceled checks, and IRS form 941.
30, 2018.
Deliverable 2: Maintain a website that is search -engine optimized
and monitor analytic reports on its usage as evidenced by submission
of analytic reports.
Deliverable 3: Progress toward 50 retention visits with Collier
County businesses as evidenced by submitting a report listing
businesses visited and date visited.
4. Submit on or before
Deliverable 1: Maintain a minimum PARTNERSHIP staff of 1 full
October 10, 2018, for the
time employee as evidenced by submitting payroll reports, bank
period of July 1, 2018,
statements, payroll related canceled checks, and IRS form 941.
through September 30,
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2018. Deliverable 2: Maintain a website that is search -engine optimized
and monitor analytic reports on its usage as evidenced by submission
of analytic reports.
Deliverable 3: Progress toward 50 retention visits with Collier
County businesses as evidenced by submitting a report listing
businesses visited and date visited.
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EXHIBIT D
PAYMENT RECORD CHART FOR PARTNERSHIP AGREEMENT
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4 � ya•:l
EXHIBIT E
PARTNERSHIP GENERAL LIABILITY COVERAGE
DECLARATION SHEET
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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 PARTNERSHIP
The County's Office of Business and Economic Development and The Partnership agree
that all inquiries for business retention/expansion will be directed to the Partnership as the first
responder in those areas and that the Partnership will initiate calls in those areas as well. The
Partnership will also be the primary point of contact for Enterprise Florida and Florida Power and
Light.
Provide an Annual Accomplishment Report in compliance with Section 125.045(4) F.S. to
County on an annual basis within 30 days of the end of the term of this Agreement. A presentation
to the BCC may be required to present this report, as needed.
Develop a fundraising plan which contemplates achievement of private contribution goals,
and submit to the County within 90 days of execution of this Agreement.
Partnership Functions include, but are not limited to, the following;
I. Business Retention, Expansion and Outreach
1. Conduct expansion/outreach face to face visits.
2. Maintain accurate records in a customer relationship management system, including assists
and casework for existing industry outreach.
II. Business Attraction and Marketing
3. Maintain accurate records in a customer relationship management system, including assists and
casework for business attraction.
4. Respond to requests for information and proposals from site selection consultants,
Enterprise Florida, Florida Power and Light and any other inquiries involving new
business attraction or relocation.
5. Work with state, regional and local partners to market Collier County as a competitive
location for business. Attend a minimum of one (1) Southwest Florida Economic
Development Alliance outreach trip.
6. Provide an internet based marketing tool for identifying existing sites, buildings and market
ready facilities (office space and industrial locations) for prospects and planning purposes.
III. Project Team Participation
7. Participate on project team for retention, expansion and attraction projects.
8. Completes delegated project tasks including, but not limited to, the scheduling of
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meetings, completion of documents, research and drafting correspondence.
9. Coordinate and schedule a monthly meeting with the County's Office of Business and
Economic Development for review of economic development activities and project
updates. Once quarterly invite the Southwest Florida Economic Development Alliance to
attend. Bi -annually invite the President and CEO and County Manager to attend.
10. Leverage and align, where applicable, PARTNERSHIPS's marketing plans with the Southwest
Florida Economic Development Alliance and Enterprise Florida's marketing plans and
initiatives to distinguish Collier County as a premier business location.
IV. Optimize the K-20 talent and training pipeline in Collier County
11. Work with FutureMakers and Future Ready Collier to improve the retention and
improvement of local talent. Participate in the management meetings, as well as the Career
and College Readiness work group.
12. Work with CareerSource SWFL to provide training and workforce solutions for existing
and new businesses in Collier County.
V. Implement Opportunity Naples' Strategic Plan
13. Hold four (4) Opportunity Naples Implementation Committee meetings annually.
14. Ensure that public and private leadership coalesces around the need for implementing a
comprehensive community and quality job development initiative.
15. Promote the Opportunity Naples strategy internally through speaking engagements, earned -
and placed -media and social media.
VI. Data Resource Management
16. Update key data points on a monthly, quarterly and annual basis, including workforce, industry,
unemployment, etc.
VII. Community/Organizational Partnerships and Governmental Navigation
17. Maintain existing partnerships and establish new partnerships with community and industry
organizations, as well as key governmental entities, including, but not limited to, Champions
for Learning, Growth Management Department, Florida Economic Development Council,
International Economic Development Council, Florida Chamber and the Collier County Soft -
landing Business Accelerator.
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