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Agenda 10/24/2017 Item #16F 510/24/2017 EXECUTIVE SUMMARY 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. OBJECTIVE: That the Board of County Commissioners (Board) consider and approve the Fiscal Year 2018 Agreement between Collier County and the Southwest Florida Economic Development Alliance, Inc. (“Alliance”). CONSIDERATIONS: On January 27, 2015, the Board of County Commissioners approved Agenda Item 16.F.5, an agreement between the County and the Alliance that served to formalize our County’s regional economic development approach, as articulated in the Board’s approved Office of Business & Economic Development Business Plan. The specific initiatives and action plans outlined in the Agreement’s Scope of Services and Roles and Responsibilities continues our relationship with the Alliance and provides specific deliverables and responsibilities to further regional economic development in Southwest Florida through coordination of marketing and international business development activities. This Agreement provides for reimbursement to the Alliance for up to $100,000 in salaries and employee benefits (relocation expenses, health insurance and bonuses) and costs for Alliance personnel that were incurred in FY 2018. FISCAL IMPACT: The total cost to the County for the Agreement will not exceed $100,000 in FY 2018. Funding is provided 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 that are designed to promote and encourage the recruitment of new industry, as well as the expansion and retention of existing industries in order to diversify the County’s economic base.” LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: To approve the proposed Fiscal Year 2018 Agreement between the Southwest Florida Economic Development Alliance, Inc. and Collier County. Prepared by: Jace Kentner, Director, Office of Business & Economic Development. ATTACHMENT(S) 1. FY 2018 Alliance Agreement CAO (PDF) 16.F.5 Packet Pg. 908 10/24/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.5 Doc ID: 3919 Item Summary: ***This item continued from the October 10, 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. Meeting Date: 10/24/2017 Prepared by: Title: Administrative Assistant – Business and Economic Development Name: Jennifer Leslie 10/10/2017 4:04 PM Submitted by: Title: Director – Business and Economic Development Name: Jace Kentner 10/10/2017 4:04 PM Approved By: Review: Business and Economic Development Jace Kentner Additional Reviewer Completed 10/18/2017 2:52 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/18/2017 3:51 PM County Attorney's Office MaryJo Brock Level 3 County Attorney's Office Review Skipped 10/18/2017 3:25 PM Budget and Management Office MaryJo Brock Additional Reviewer Skipped 10/18/2017 3:25 PM Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 10/18/2017 3:26 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/18/2017 3:58 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/24/2017 9:00 AM 16.F.5 Packet Pg. 909 AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE INC. This AGREEMENT is made and entered into this 24th day of October , 2017, by and between CollierCounty, apolitical subdivision ofthe Stateof Florida (the "COUNTy") and Southwest Florida EconomicDevelopment Alliance Inc. ("ALLIANCE"), a Floridanot-for-profit corporation. WITNESSETH WHEREAS, the COLINTY has determined that strategic marketing and business outreachactivities provided through the ALLIANCE will help promote a more diverse and prosperousregional economy, and such activitiesarein the publicinterestandservealawful andbeneficial purpose for the COLINTY and the Southwest Florida region; WHEREAS, the COUNTy has determined that it is in the best interests of Collier County to support furthers the goals and objectives identified in Plan; regional economic development efforts and that such support the County's Business and Economic Development Businiss WHEREAS, the ALLIANCE is a business and economic development organization with a mission to enhance the Southwest Floridaregion's economic well-being and to create a visionto maintain and strengthenthe economy of the SouthwestFloridaregion; WHEREAS, the ALLIANCE desires to collaborate with the COUNTY in the achievement of theeconomic development goals and objectives of the Collier County Board of County Commissioners (the"BCC"); and WHEREAS, the ALLIANCE, in concert with the BCC, has such objectives include those below: that the strategies to achieve Marketing collier county in conjunction with the Southwest Florida region to opportunities for residents; employment ' Strenglhening and maintaining a communications network that collier county in conjunction with the Southwest Florida region; promotes the image and assets of WHEREAS, the COUNTY desires to have the ALLIANCE continue to provide private sectorleadership to achieve the strategies set forth above and the ALLIANCE is willing to undertake such functionsunder the terms of this Agreement for the County's Fiscal Year beginning October "1,2017; WHEREAS, the COTINTY enjoys broad Home-Rule Powers, which include the authority to enterinto agreements to enhance economic development within collier county; and WHEREAS, Section 125.045, Florida Statutes (County economic development powers) provides, inpart, 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 .it..p.ir., 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 u.iiuiti., conducive to economicpromotion, in order to provide a stronger, more balanced, and stable economy in the state; to 16.F.5.a Packet Pg. 910 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) 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 attractand 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 countlz, must be liberally construed in order to effectively carry out the purposes ofthis 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 foi 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." NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, and other good and valuable consideration, the COUNTY and the ALLIANCE agree as follows. ARTICLE I SCOPE OF SERVICES The ALLIANCE shall promote economic development for the COI-INTY 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 performed by the ALLIANCE. The matrix in Exhibit "G," which is incorporated herein by this reference, defines the broader COUNTY economic development relationship with the ALLIANCE, which will be reviewed and monitored by COUNTY staff. ARTICLE II PEzuOD OF AGREEMENT This Agreement shall be effective upon execution by both parties and shall cover services provided fromOctober 1,2017, through September30,2018, unlessotherwiseterminatedinaccordancewiththis Agreement or extended by mutual written Agreement ofthe parties. ARTICLE III CONSIDERATION AND LIMITATION For its performance under this Agreement, the ALLIANCE will receive funds from the COUNTy in an amount not to exceed One Hundred Thousand Dollars ($100,000.00). It is intended that the services performed by ALLIANCE 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 (relocation expenses, health insurance, and bonuses) and costs for ALLIANCE personnel performing services described in Exhibit "B." ALLIANCE shall be entitled to compensation upon niC approuul of th" Agreement, distributed no more frequently than on a quarterly basis for reimbursement of eligible expenses approved by the County and Clerk of Court. ,.:-'i 16.F.5.a Packet Pg. 911 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) All invoices shall be submitted in accordance with COLINTY procedures and in a form acceptable to the COTINTY and Ihe_ALLIANCE, as generally outlined in Exhibit "g" - Method of payment and BudgetDetail for Services and Exhibit "C)' - Program Performance Report, attached hereto and by referen.. ,nud. apart hereof. Eligible operating expenses incurred to provide services consistent with the scope of services describedin Exhibit "A" and Exhibit "B." In no event will COUNTy funds be expended for the ALLIANCE,s purchase of food, beverages or entertainment costs or in support ofelectioneering. ARTICLE IV PAYMENT AND REPORTING REOUIREMENTS For its performance under this Agreement, County shall reimburse to the ALLIANCE actual eligible expenditures. All payment requests by the ALLIANCE to the COUNTY shall be submitted with a compieted Program Performance Report, Exhibit'0C," and Exhibit'0D," Payment Record Chart, in a form acceptable to the CoUNTY and the ALLIANCE, as generally outlined and set forth in Exhibito,C,,,attached hereto and by reference made a part hereof. Payments to the ALLIANCE 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. lf the COUNTY determines, through its inspection or review that the ALLIANCE has not performed or is performing less than the total agreed upon services, then the COUNTY shall notify the ALLIANCE in writing, specifying those services that it alleges have not been performed or fully performed, and the ALLIANCE shall have thirty (30) daysfrom 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. 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 ALLIANCE shall submit its first payment request and Program Performance Report for the period October l,2017,throughDecember3l,2Ol7,onorbeforeJanuary3l,20l8. TheALLIANCEshallsubmititssecond payment request and Program Performance Report for the period of January l, 2018, through March 3l,21lg, on or before April 30, 201 8. The ALLIANCE shall submit its third payment request for the period of April 1,2018, through June 30,2018, on or before July 31,2018. The ALLIANCE shall submit its final payrnent request, Program Performance Report and a year-end analysis and any other required reports on or beforeoctober 10, 2018. If the ALLIANCE 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 ALLIANCE shall maintain such financial records and accounts, including invoices, purchase 9r!9rs and backup materials or documents as are deemed necessary to assure a prop., accounting for allCOUNTY funds for which the COUNTY is obligated to reimburse the ALLIANCE under the terms of thisAgreement' The aforesaid records and accounts shall be made available for inspection purposes at reasonabletimes and upon reasonable notice during normal business hours and as often as the COUNTy may deemnecessary to verify reimbursements and any other financial records or matters covered by this Agreement. 16.F.5.a Packet Pg. 912 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) The ALLIANCE 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 compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CIIAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Rel ations Divi sion 3299 T amiami Trail East, Suite 1 02 Naples, FL 34112-5746 Telephone: (239) 252-8383 ARTICLE VI INDEMNIFICATION The ALLIANCE shall indemnif,, 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 ALLIANCE, its agents, subcontractors, assigns, heirs, and employees during performance under this Agreement. The extent of its indemnification shall be limited by the insurance available to t h e ALLIANCE 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 ALLIANCE, 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 the ALLIANCE or any subcontractor under t h e Workers' Compensation Act, disability benefit acts or other employee benefit acts. (') 16.F.5.a Packet Pg. 913 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) ARTICLE VII TERMINATION This Agreement may be terminated for any reason by either party by giving a minimum of one hundred twenty (120) days'prior written notice of such intent, specifyingthe effective date thereof to the other parties. The aforesaid termination notices, as well as all other notices required herein, shall be considered received by the ALLIANCE and the COLINTY 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 OPPORTLTNITY CLAUSE The ALLIANCE 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, the ALLIANCE assures the COUNTY that the ALLIANCE 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 ALLIANCE 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 ALLIANCE's employees or applicants for employment. Further, the ALLIANCE assures the COUNTY of the ALLIANCE's compliance with the Americans with Disabilities Act of 1990, as amended, as applicable. The ALLIANCE understands and agrees that this Agreement is conditioned upon the veracity of such statements of assurance. Furthermore, the ALLIANCE assures the COUNTY that it will comply with Title VII of the Civil fughts 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. ARTICLEX INSURANCE The ALLIANCE shall provide and maintain the following insurance coverages in the amounts specified throughout the period of this Agreement on behalf of the ALLIANCE and the COUNTY by naming the COUNTY as an additional insured under the policies of insurance that it maintains, a copy of the declarations page thereof being attached as Exhibit E, as follows: Commercial General Liability insurance, with 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 ALLIANCE. The ALLIANCE 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 of any cancellation, intent not to renew, or reduction in the policy coverage. Coverage shall be documented by a Certificate of Insurance. 16.F.5.a Packet Pg. 914 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) ARTICLE XI CONFLICT OF INTEREST The ALLIANCE represents that it presently has no interest, and shall acquire no such interest, financialor otherwise, direct or indirect, or engage i, any business transaction or profissional activity, o. ir"u. *yobligation of any nature that would conflict in any mannerwith the performance of sirvices requirei hereunder. ARNCLE )ilI DRUG-FREE WORKPLACE The ALLIANCE shall administer, in good faith, a policy desigred to ensure that the ALLIANCE,s 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 govemed by the laws, rules and regulations of the State of Florida. ARTICLE XIV COMPLTANCE The ALLIANCE 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 assigr 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 convenience and shall not afflect the interpretation of any terms of this Agreement. ARTICLE XVII WAWER A waiver of any performance or default by either party shall not be consfrued to be a continuing waiver of other defaults or non-perfornance of the same prwision, or operate as a waiver of any subsequenidefault or non-perforrnarlce of any of the same terms, covenants, and conditions of this Agreement. Thepayment or acceptance of firnds for any period after a default shall not be deemed a waiver of ury right or acceptance of defective performance. 16.F.5.a Packet Pg. 915 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) ARTICLE XVIII ADDITIONAL RI GHT S 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 that may now or in the future be applicable. ARTICLE XIx 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 ttris Agreement shall control over the contents of the exhibits. ARTICLE )C( SEVERABILITY In the event t h a t 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 shallremain in full force and effect. ARTICLE X)o PROJECT PUBLICITY Any news release or other type of publicity pertaining to ttre services performed by the ALLIANCE pursuantto this Agreement must recognizethe contribution ofthe BCCasafundingsource. TheALLIANCE being a not-for-profit corporation receiving public funding or non-monetary contributions through the COLTNTY shall recogrizethe COUNTY for its contribution in allpromotionalmaterials and at any event or workshop for which COUNTY flrnds are allocated. In written materials, the reference to the COUNTY must appear in the same size letters and font Upe as the name of any other funding sources. In addition, any development project announcement, ceremonial business opening, or publicity event resulting from efforts of the ALLIANCE, and particularly those projects induced with COUNTY funded financial incentives or other contributions, will be planned in cooperation with the COUNTY's Business & Economic Development and Communications departments for purposes of coordinating the COIINTY'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 )OilI SURVTVABILITY Any term, condition, covenant or obligation t h a t requires performance by either party subsequent to termination of this Agreement shall remain enforceable against such party subsequent to such termination. ARTICLE )OilII THIRD PARTY BENEFICIARIES This Agreement is for the benefit of the COUNTY and the ALLIANCE. No third party is an intended beneficiary so as to entitle that person to sue for an alleged breach of this Agreement. 16.F.5.a Packet Pg. 916 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) ARTICLE XXIV POLITICAL ACTION The ALLIANCE shall not engage, participate or intervene in any form of politicalcampaign 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 canceled, by written instrument executed by the COLNTY and the ALLIANCE. 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 COLINTY and the ALLIANCE. 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, retum receipt requested, or by ovemight personal delivery service requiring a signature for delivery, and shall be addressed as follows: If to the COUNTY: Collier County Leo Ochs County Manager Collier County 3299 Tariami Trail East, Ste. 201 Naples, FL 34104 If to the ALLIANCE: Southwest Florida Economic Development Alliance Inc. Eric E. Berglund, President 4984 Royal Gulf Circle Fort Mvers. Florida 33966 IN WITNESS WI{EREOF, this Agreement was AfiESTnwrbli E. BRocK, clrrk Approved as to lbrm and lcgalitY dated on the day and year first written above. BOARD OF COTINTY COMMISSIONERS OF COLLIER COI-INTY, FLORIDA By: Penny Taylor SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE INC. By: v Eric E. Berglund, President 16.F.5.a Packet Pg. 917 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) EXHIBIT A SCOPE OF SERVICES ORGANIZATIoN: Southwest Florida Economic Development Alliance tnc. PROGRAM: Economic Development Services Performance Criteria The ALLIANCE shallprovidethesupportingdocumentationidentifiedhereintosubstantiate the following activities/accomplishments for reimbursement: Deliverable 1: Maintaining a minimum ALLIANCE staff of 2 FTEs, President and Operations Specialist, with up to a 90-day grace period in the event of an employee separation occurrence. Progress and completion of this deliverable will be evidenced by providing the COUNTY with payroll reports, bank transaction reports, and IRS form 941. Deliverable 2: Submit and implement an annual marketing plan, as evidenced by submission of a plan detailing tbur (4) events that constitute marketing and promotional activities tbr developing site selector relationships and building awareness of the Southwest Florida region as a business destination. Deliverable 3: Create and maintain a website that is search-engine optimized and.monitor analyic reports on its usage, as evidenced by submission of analy'tic reports. Deliverable 4: Develop a fundraising plan that contemplates contribution goals. Progress and completion of this deliverable will the fundraising plan within 90 days of execution of this Agreement. the achievement of private be evidenced by submission of Deliverable 5: Schedule two and attend 4 quarterly meetings with the County's Office of Business& Economic Development and the Partnership for Collier's Future Economy Inc. to review economic development activities and project updates, and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic Development. progress and completion of this deliverable will be evidenced by submission of the email invitation to 2 quarterly meetings and monthly telephone conferences. 16.F.5.a Packet Pg. 918 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) EXHIBIT B METHOD OF'PAYMENT AND BUDGET DETAIL ORGANIZATION: Southwest Florida Economic Development Alliance Inc. PROGRAM: EconomicDevelopment Services RELEASE OF FUNDS SHALL BE IN ACCORDANCE WITH THE APPROVED BUDGET AND WIL 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 COLTNTY/ALLIANCE BUDGET AND AGREEMENT, AND NOT LINREASONABLY WITHHELD. THE COLTNTY'S FISCAL YEAR COMMENCES ON OCTOBER IST AND ENDS ON SEPTEMBER 3OTH OF THE FOLLOWING CALENDAR YEAR. INVOICES FOR SERVICES DELIVERED BETWEEN OCTOBER lST AND SEPTEMBER 3OTH MUST BE RECEIVED NO LATER THAN OCTOBER IOTH OF EACH YEAR TO ALLOW CLOSEOUT OF THE COUNTY'S FISCAL YEAR. IN NO EVENT, HOWEVER, SHALL PAYMENTS TO THE ALLIANCE UNDER THIS AGREEMENT EXCEED $IOO,OOO.OO PER COUNTY FISCAL YEAR. TOTAL (County Portion)$100,000.00 (fiscal year) BIIDGET DETAIL FOR SERVICES Budget Category Approved Budset 1. Salaries, including benefits Director and Operations Support Staff $ 100,000 Personnel Subtotal $100,000 Total Budget Categories $100,000 82 16.F.5.a Packet Pg. 919 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) EXHIBIT C PROGRAM PERFORMANCE REPORT ORGANIZATION: Southwest Florida Economic Development Alliance Inc.PROGRAM: Economic Development REPORT PERIOD THROUGH ACCOMPLISHMENTS: Reoort No.Deliverables Submit on or before January 31,2018, for the period of October 1,2077, through December 3I,2017. Deliverable 1: Maintaining a minimum ALLIANCE staff of 2 FTEs, President and Operations Specialist, with up to a 90-day grace period in the event of an employee separation occurrence. Progress and completion of this deliverable will be evidenced by providing the COUNTY with payroll repofis, bank transaction repofts, and IRS form 941. Deliverable 2: Submit and implement an Annual Marketing Plan, as evidenced by submission of a plan detailing four (4) events that constitute marketing and promotional activities for developing site selector relationships and building awareness of the Southwest Florida region as a business destination. Deliverable 3: Create and maintain a website that is search- engine optimized and monitor analytic reports on its usage, as evidenced by submission of analytic reports. Deliverable 4: Develop a fundraising plan that contemplates the achievement of private contribution goals. Progress and completion of this deliverable will be evidenced by submission of the fundraising plan within 90 days of execution of this Agreement. Deliverable 5: Progress towards scheduling two and attending 4 quarterly meetings with the County's Office of Business & Economic Development and the Partnership for Collier's Future Economy Inc. to review economic development activities and project updates, and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic Development. Progress and completion of this deliverable will be evidenced by submission of the email invitation to 2 quarterly meetings and monthly telephone conferences. 2. Submit on or betbre April 30, 2018, for the period ofJanuary l, 2018, through March 30,2018. Deliverable 1: Maintaining a minimum ALLIANCE staff of 2 FTEs, President and Operations Specialist, with up to a 90-day grace period in the event of an employee separation occurrence. Progress and completion of this deliverable will be evidenced by providing the COUNTY with payroll reports, bank transaction reports, and IRS form 941. Deliverable 2: Submit and implement an Annual Marketing Plan, as evidenced by submission of a plan detailing four (4) events that constitute marketing and promotional activities for developins site 16.F.5.a Packet Pg. 920 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) selector relationships and building awareness of the Southwest Florida region as a business destination. Deliverable 3: Create and maintain a website that is search- engine optimized and monitor analytic reports on its usage, as evidenced by submission of analytic reports. Deliverable 4: Develop a fundraising plan that contemplates the achievement of private contribution goals. Progress and completion of this deliverable will be evidenced by submission of the fundraising plan within 90 days of execution of this Agreement. Deliverable 5: Progress towards scheduling two and attending 4 quarterly meetings with the County's Off,rce of Business & Economic Development and the Partnership for Collier's Future Economy Inc. to review economic development activities and project updates, and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic Development. Progress and completion of this deliverable will be evidenced by submission of the email invitation to 2 quarterly meetings and monthly telephone conferences. J.Submit on or before July 3 1, 2018, for the period of April 1, 2018, through June 30, 201 8. Deliverable 1: Maintaining a minimum ALLIANCE staff of 2 FTEs, President and Operations Specialist, with up to a 90-day grace period in the event of an employee separation occurrence. Progress and completion of this deliverable will be evidenced by providing the COUNTY with payroll repofis, bank transaction reports, and IRS form 941. Deliverable 2: Submit and implement an Annual Marketing Plan, as evidenced by submission of a plan detailing four (4) events that constitute marketing and promotional activities for developing site selector relationships and building awareness of the Southwest Florida region as a business destination. Deliverable 3: Create and maintain a website that is search- engine optimized and monitor analytic reports on its usage, as evidenced by submission of analytic reports. Deliverable 4: Develop a fundraising plan that contemplates the achievement of private contribution goals. Progress and completion of this deliverable will be evidenced by submission of the fundraising plan within 90 days of execution of this Agreement. Deliverable 5: Progress towards scheduling two and attending 4 quarterly meetings with the County's Office of Business & Economic Development and the Partnership for Collier's Future Economy Inc. to review economic development activities and project updates, and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic Development. Prosress and completion of this deliverable will be 16.F.5.a Packet Pg. 921 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) evidenced by submission of the email invitation to 2 quarterly meetings and monthly telephone conferences. 4.Submit on or before October 10,2018, for the period of July 1, 2018, through September 30,2018. Deliverable l: Maintaining a minimum ALLIANCE staff of 2 FTEs, President and Operations Specialist, with up to a 90-day grace period in the event of an employee separation occurrence. Progress and completion of this deliverable will be evidenced by providing the COUNTY with payroll reports, bank transaction reports, and IRS form 941. Deliverable 2: Submit and implement an Annual Marketing Plan, as evidenced by submission of a plan detailing four (4) events that constitute marketing and promotional activities fbr developing site selector relationships and building awareness of the Southwest Florida region as a business destination. Deliverable 3: Create and maintain a website that is search- engine optimized and monitor analytic reports on its usage, as evidenced by submission of analytic reports. Deliverable 4: Develop a fundraising plan that contemplates the achievement of private contribution goals. Progress and completion of this deliverable will be evidenced by submission of the fundraising plan within 90 days of execution of this Agreement. Deliverable 5: Schedule two and attend 4 quarterly meetings with the County's Office of Business & Economic Development and the Partnership for Collier's Future Economy Inc. to review economic development activities and project updates, and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic Development. Progress and completion of this deliverable will be evidenced by submission of the email invitation to 2 quarterly meetings and monthly telephone conferences. PROBLEMS ENCOI-INTERED: 16.F.5.a Packet Pg. 922 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) EXIIIBIT D PAYMENT RECORD CHART 16.F.5.a Packet Pg. 923 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) EXHIBIT E ALLIANCE GENERAL LIABILITY COVERAGE DECLARATION SHEET ''i. I 16.F.5.a Packet Pg. 924 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) EXHIBIT F COLLIER COLINTY CMA #5383 EQUAL EMPLOYMENT OPPORTLINITY (EEO) [Effective Date: March 17,l9gg (Revised: October 1, 2001; Revised: October 1, 2003; Revised: May 1,2009)l $ 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 that include the candidate's/employee's job-related qualifications and abilities. Seniority may be considered as a factor, given that 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 witli 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 curency 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. 16.F.5.a Packet Pg. 925 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) EXHIBIT G ROLE AND RESPONSIBILITIES OF ALLIANCE To strengthen the Southwest Florida regional economy, the Alliance will perform activities that include, butare not limited to: generating business awareness and interest in Southwest Florida through targeted outreach, marketing and relationship building and serving as a transparent ".ono-i" development coordinator in disseminating leads. Specific activities will be outlined in the Annual Marketing Plan developed by the Marketing Advisory Committee and approved by the Alliance's Board of Directors. The Marketing Advisory Committee will include economic development professionals from Collier County and other counties represented by the Alliance. The activities may include participation in trade shows, site-selector events, along with hosting special functions, such as CEO forums and site-selector meetings. The Alliance may also participate in international events and activities coordinated through Enterprise Florida and other affiliates authorized by the County Manager or his designee. The Alliance must provide an Annual Accomplishment Report in compliance with Section 125.045(4) F.S. to the 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. Alliance Functions include, but are not limited to, the following: t. Marketing Outreach and Site-Selector Relationships Submit an Annual Marketing Plan developed in conjunction with the Marketing Advisory Committee that includes economic development prot'essionals frorn Collier County. During the term of this Agreement, the Alliance must execute specific activities within the Annual Marketing Plan, including sponsoring, organizing, and participating in outreach events designed for engaging regional partner attendance, including but not limited to trade shows, recruiting trips, and "orrrltur-,t events. The fou, (4) events will constitute marketing and promotional programmed activities for developing site selector relationships and building awareness of the Southwest Florida region as a business destination. Account for and report on prospecting and contact activities through the use of a lead dissemination tool to track prospect information derived from the Alliance's marketing efforts. Website Expense and Marketing Data The Alliance will manage the regional data repository and website, keeping the information accurate, current, and relevant and market the site to drive activity. The website and appropriate digital capabilities will be continually enhanced and developed for maximum effectiveness. The website will include an online property locator through LoopNet that allows businesses to easily identi$z suitable buildings and sites. Maintain an attractive and relevant website that highlights the attributes of the Southwest Florida region, including Collier County Business Development programs. The data updates and website refreshments will be performed regularly and programs will be initiated to market the website and optimized its usage, as evidenced by reports consisting of web-traffic data, including specific marketing penetration metrics. 3. t. I. 2. II. 2. 16.F.5.a Packet Pg. 926 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.) III. 1. Staff and OPerations The Alliance Director will lead the Alliance and represent the organization, both externally and internally to the region. erte.nufly, the Director will oversee development and execution of the annual marketing plan. The birector also will ro.us o, promoting the region to targeted site selectors and companies, Enterprise Florida Inc., and inte*atio'al coisulates' attending trade missions' when appropriate. rnt.*atfy, itr. Oit."tor rvill manage investor relations, direct fund-raising activities' promote the importance- of economic O.r.top..rit within the region, and act as liaison for economic development aciivities for Southwest Florida' 16.F.5.a Packet Pg. 927 Attachment: FY 2018 Alliance Agreement CAO (3919 : FY 2018 Southwest Florida Economic Development Alliance, Inc.)