Agenda 07/07/2015 Item #16F4 Proposed Agenda Changes
Board of County Commissioners Meeting
July 7, 2015
Add On Item 12B: Recommendation to approve and accept a proposed Settlement
Agreement to finally resolve all Collier County claims in the matter of In re: Oil Spill by the
Oil Rig"Deepwater Horizon"in the Gulf of Mexico on April 20,2010 now pending in the
United States District Court for the Eastern District of Louisiana,Case No.MDL 2179 Section
J. (County Attorney's request)
Move Item 16F8 to Item 11F: Recommendation to approve Amendment#1 to contract 15-
6433 Production of the Tourism Guide to Miles Media Group,LLLP,authorize the Chairman
to execute the County Attorney approved amendment,and make a finding that this
expenditure promotes tourism. (Commissioner Taylor's request)
Move Item 16D16 to Item 11G: Recommendation to approve the recommendation to
modify the endowment related to the County's acceptance of properties donated to
Conservation Collier as offsite preservation under the Land Development Code (LDC) Section
3.05.07, H.1.f.iii.a.and b. (Commissioner Henning's request)
Move Item 16F4 to Item 11H: Recommendation to approve the First Amendment to the
Agreement between the Southwest Florida Economic Development Alliance,Inc.and the
Board of County Commissioners. (Commissioner Henning's request)
Add On Item 16H5: Recommendation to appoint a member to the Collier County Planning
Commission. (Commissioner Hiller's request)
Note:
Item 16D7— Page two of the agreement under the paragraph entitled"administrative costs",
the specified dollar amount should read: : . . . - • • • six-
thousand four-hundred fourteen ($6,414). (Staffs request)
Item 16F2— Legal name of C-2 Grant Organization should read:
Southwest Florida Holocaust Museum.Inc. (Staffs request)
Time Certain Items:
Item 9A to be heard at 9:45 a.m.,followed by Item 9B
Item 11E to be heard at 11:00 a.m.
Item 9F to be heard at 1:30 p.m.,followed by Item 11D
Item 9C to be heard at 5:05 p.m.,followed by Item 9D
Item 12A to be heard immediately following Item 9D
7/7/2015 16. F.4.
Recommendation to approve the First Amendment to the Agreement between the
Southwest Florida Economic Development Alliance, Inc. and the Board of County
Commissioners.
OBJECTIVE: That the Board of County Commissioners (Board) approve the First Amendment
to the Agreement between Collier County, Florida and Southwest Florida Economic Development
Alliance, Inc. ( "Alliance ").
CONSIDERATIONS: On February 27, 2015, Agenda Item 161.5, the Board of
County Commissioners approved an agreement between the County and Alliance (the "Agreement ").
The Agreement has served to formalize our County's regional economic development approach which is
a part of 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 provides specific
deliverables to further economic development in Southwest Florida through coordination of
marketing, and international business development activities.
There are two reasons for modification of the Agreement. First, is to define and clarify specifically which
employee benefits are reimbursable under the Agreement. Staff proposes defining relocation expenses,
health insurance, and bonuses to be included within the definition of "employee benefits ". Second, the
Alliance has requested and Staff has concurred that ten thousand dollars be re- allocated from the
Marketing Plan Activities and Website Maintenance, Marketing, & Optimization Budget to Salaries
including benefits for the position of Director. A strike through and underline version of the
modifications is included in the backup materials.
FISCAL, IMPACT: The net financial reimbursement is unchanged. The total cost of
the Agreement will not exceed $100,000 in FY 2015. Funding is available in the approved
Business and Economic Development Department FY 2015 budget, within the Economic Development
Fund (001).
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 diversity the County's economic
base."
LEGAL CONSIDERATIONS: ATIONS: This item is approved for form and legality and requires a
majority vote. — JAB
RECOMMENDATION: Recommendation to approve the First Amendment to the Agreement between
the Southwest Florida Economic Development Alliance, Inc. and the Board of County Commissioners.
Prepared by: Bruce Register, Office of Business & Economic Development
Attachments: Attachment A: F i r s t Amendment to the Agreement between Collier County,
Florida and Southwest Florida Economic Development Alliance, Inc.
Attachment B.• 2015 Alliance Agreement
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7/7/2015 16.F.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.4.
Item Summary: Recommendation to approve the First Amendment to the Agreement
between the Southwest Florida Economic Development Alliance, Inc. and the Board of County
Commissioners.
Meeting Date: 7/7/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
6/29/2015 8:14:40 AM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
6/29/2015 8:14:41 AM
Approved By
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 6/29/2015 8:45:26 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/29/2015 9:41:49 AM
Name: RegisterBruce
Title: Division Director - Business & Econ Dev, Office of Business & Economic Development
Date: 6/29/2015 10:15:31 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/29/2015 1:40:51 PM
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7/7/2015 16.F.4.
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/29/2015 5:48:49 PM
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7/7/2015 161.4.
FIRST AMENDMENT TO
AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA
AND
SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE, INC.
This AGREEMENT is made and entered into this ph day of J u 1 y, 2015, by and between Collier
County, a political subdivision of the State of Florida (the 'COUNTY ") and Southwest Florida Economic
Development AIliance, Inc. ( "ALLIANCE "), a Florida not-for-profit corporation.
WITNESSETH
WHEREAS, on February 27, 2015, Agenda Item 16.17.5, the Board of County Commissioners
approved an agreement between the County and ALLIANCE (the "Agreement ") for the Alliance's
provision of strategic marketing and business outreach activities to further the goals and objectives
identified in the County's Business and Economic Development Business Plan;
WHEREAS, the Agreement provided for reimbursement of "employee benefits" and this amendment
seeks to define and clarify which employee benefits are reimbursable under the Agreement;
WHEREAS, this Amendment re- allocates ten thousand dollars from the Marketing Plan Activities and
Website Maintenance, Marketing, & Optimization Budget to Salaries including benefits, Director; and
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 to amend the
Agreement as set forth below.
1. The first paragraph of Article III, Consideration and Limitation, is hereby amended is hereby as
follows:
"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), costs for ALLIANCE personnel performing services described in
Exhibit "B ", as well as ALLIANCE costs of operating and maintaining its website. ALLIANCE
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, beginning January 1, 2015. Each quarterly payment will equal up to
one -third of the total given that the Agreement has been executed at the beginning of the second
quarter of the County fiscal year."
2. Exhibit B, Budget Detail for Services, of the Agreement is hereby amended by replacing
it in its entirety as it is attached hereto.
Exhibit D, Payment Record Chart for Alliance Agreement is hereby amended by
replacing it in its entirety as it is attached hereto.
4. Except as modified by this First Amendment, all other terms and conditions of the Agreement
shall remain in full force and effect. If there is a conflict between the terms of this First
Amendment and the Agreement, the terms of this First Amendment shall prevail.
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IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this 7th day of
July, 2015.
ATTEST:
DWIGHT E. BROCK, CLERK
, DEPUTY CLERK
ATTEST:
Approved as to form and legality
Jennifer A. Belpedio,
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
0
TIM NANCE, CHAIRMAN
SOUTHWEST FLORIDA ECONOMIC
DEVELOPMENT ALLIANCE, INC.
2
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EXHIBIT B
METHOD OF PAYMENT
FY2015
ORGANIZATION: Southwest Florida Economic Development Alliance, Inc.
PROGRAM: Economic Development Services
RELEASE OF FUNDS SHALL BE IN ACCORDANCE WITH THE APPROVED BUDGET WILL BE
MADE UPON RECEIPT OF THE COMPLETED REQUEST FOR PAYMENT FORM EVERY 90 DAYS.
NO MODIFICATIONS WITHIN BUDGET CATEGORIES SHALL BE FUNDED UNLESS PRIOR
WRITTEN APPROVAL HAS BEEN GRANTED BY THE COUNTY MANAGER, WHICH APPROVAL
SHALL BE CONSISTENT WITH THE TERMS OF THE COUNTY /ALLIANCE BUDGET AND
AGREEMENT AND NOT UNREASONABLY WITHHELD. PAYMENT REQUESTS SHALL NOT BE
SUBMITTED FOR A PERIOD OF LESS THAN ONE QUARTER. 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 Ist AND
SEPTEMBER 30th MUST BE RECEIVED NO LATER THAN S E P T E M B E R 3 0 t h 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 $100,000.00 PER
COUNTY FISCAL YEAR. FOR THE CURRENT FISCAL YEAR, THIS WOULD BE THE PERIOD FROM
JANUARY TO SEPTEMBER 2015.
TOTAL (County Portion) $100,000.00 (fiscal year)
The requests for payment shall include the report on progress on the strategies and tasks identified
in the agreed Scope of Services.
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BUDGET DETAIL FOR SERVICES
FY2015
ORGANIZATION: Southwest Florida Economic Development Alliance, Inc.
PROGRAM: Economic Development
Budget Category
Approved
Budget
1. Salaries including benefits
Director
$5Q.000 48;898
Operations Support Staff Person
$10,000
Personnel Subtotal
$60.0009;998
2. Marketing Outreach and Website Expenses as
described in Deliverables 1-4.
Marketing Plan Activities and Website
Maintenance, Marketing, & Optimization
$40,000 38;898
Marketing & Website Subtotal
S41000 39;898
Total Budget Categories
$100,000 per
County FY
NOTE: When completing payment requests complete the appropriate forms and attach detailed
documentation identifying obligations or expenses in the above budget categories only.
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EXHIBIT D
PAYMENT RECORD CHART FOR ALLIANCE AGREEMENT
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AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA
AND
SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE, INC.
This AGREEMENT is made and entered into this a � +� day of January, 2015, by and
between Collier County, a political subdivision of the State of Florida (the "COUNTY ") and Southwest
Florida Economic Development Alliance, Inc. ( "ALLIANCE "), a Florida not - for - profit corporation.
WITNESSETH
WHEREAS, the COUNTY has determined that strategic marketing and business outreach
activities provided through the ALLIANCE will help promote a more diverse and prosperous
r e g i o n a I e c o n o m y and s u c h activities are in the public interest and serve a lawful and beneficial
purpose for the COUNTY and the Southwest Florida Region; and
WHEREAS, the COUNTY has determined that it is in the best interests of Collier County to
support regional economic development efforts and that support further the goals and objectives identified
in the County's Business and Economic Development Business Plan; and
WHEREAS, the ALLIANCE is a business and economic development organization with a mission
to enhance the Southwest Florida Region's economic well -being and to create a vision to maintain and
strengthen t h e e c o n o in y o f t h e Southwest Florida Region; and
WHEREAS, the ALLIANCE desires to be collaborate 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 ALLIANCE, in concert with the BCC, has determined that the strategies to achieve such
objectives include those below:
• Marketing Collier County in coniunction with the Southwest Florida Region to recruit employment
opportunities for residents;
• Strengthening and maintaining a communications network that promotes the image and assets of
Collier County in conjunction with the Southwest Florida Region; and
WHEREAS, the COUNTY desires to have the ALLIANCE provide private sector leadership to achieve
the strategies set forth above and the ALLIANCE is willing to undertake such functions under the terms of
this Agreement;
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 COUNTY by providing the services
and activities described in Exhibit "A ", Scope of Services, attached hereto and by reference made a part
hereof.
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ARTICLE II
PERIOD OF AGREEMENT
This Agreement shall be effective upon execution by both parties and shall cover services provided
from January 1, 2015, until September 30, 2015, unless otherwise 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 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, costs for ALLIANCE personnel performing services described in Exhibit "B ", as well
as ALLIANCE costs of operating and maintaining its website. ALLIANCE 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, beginning January
1, 2015. Each quarterly payment will equal up to one -third of the total given that the
Agreement has been executed at the beginning of the second quarter of the County fiscal
year.
All invoices shall be submitted in accordance with COUNTY procedures and in a form acceptable
to the COUNTY and the ALLIANCE as generally outlined in Exhibit 'B" — Method of Payment and
Budget Detail for Services and Exhibit "C" — Request for Payment Form, attached hereto and by
reference made apart hereof.
Rlia;kiP nnarntina PvnPncPc inrii"Pn to nrnvir1P cPnrioac rnncictPnt with the crnnP of carvirac
described in Exhibit "A" are outlined in Exhibit "B ". No COUNTY funds will be expended for the
ALLIANCE's purchase of equipment (with the exception of software and other digital and electronic
tools, i.e. website creation, Business Retention/Expansion software, etc.), food, beverages or
entertainment costs or in support of electioneering
ARTICLE IV
PAYMENT AND REPORTING REQUIREMENTS
For its performance under this Agreement, County shall pay to the ALLIANCE three (3) equal
payments of $33,333, upon submittal of a quarterly report and completion of the deliverables referenced in
Exhibit A, Scope of Services. All payment requests by the ALLIANCE 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 the ALLIANCE, as generally outlined and set forth in Exhibit "C" attached hereto and by
reference made a part hereof. Payments to the ALLIANCE will be made within thirty (30) days of requests
therefore in accordance with the procedures specified by Exhibit "B" Method of Payment and Budget Detail
for Services. Ifthe COUNTY determines, through its inspection or review that the ALLIANCE has
performed, or is performing less than the total agreed upon services, then the COUNTY shall notify the
ALLIANCE in writing specifying those services which it alleges have not been performed or fully performed
and the ALLIANCE 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
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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, an d
Program Performance Report on or before March 31, 2015, and its second request on or before June 30,
2015. The ALLIANCE shall submit its final payment request, Program Performance Report, and year -end
analysis, and any other required reports within forty five (45) days of the expiration of the term of this
Agreement, or earlier termination of this Agreement. If the ALLIANCE 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
The ALLIANCE 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 ALLIANCE 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
ALLIANCE shall also provide timely and reasonable access to the ALLIANCE's CEO at times convenient
for the CEO for the purpose of questions or explanations related to such records and accounts. The
ALLIANCE shall retain for such inspection all of its records and supporting documentation applicable to
this Agreement for five (5) years after receipt of final payment from the COUNTY, or until any or all
questioned costs have been resolved or litigation, if any, is completed, in the event funds expended under
this Agreement are questioned or become the subject of litigation.
In addition, ALLIANCE shall:
lal Keen and maintain nrnhlic rernrds that ordinsrily and nerescarily wnnlyd ht- rPmiirPrl by the nnhlir
1--1 ----r _.._ ..._......... C »...._ .__....._ ... »..,. ».. .., ........_^ _» ..., ..., ».,..,_ ._y. -.._„ -.1 ..._ r. .._
agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that the public
agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all
public records in possession of the contractor upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
ARTICLE VI
INDEMNIFICATION
The ALLIANCE 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 ALLIANCE, its agents,
subcontractors, assigns, heirs, and employees during performance under this Agreement. The extent of its
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7/7/2015 16.F.4.
indemnification shall be limited by the insurance available to 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 workers' compensation acts, disability benefit acts
or other employee benefit acts.
ARTICLE VII
TERMINATION
This Agreement may be terminated for cause by either party by giving thirty (30) days prior
written notice of such intent specifying the reason and the cause. For this purpose cause means that a
party has failed in a material way to have performed as required hereunder. The party giving the notice
shall specify the specific grounds for cause. The party receiving the notice shall have a period of thirty
(30) days in order to attempt to cure the deficiencies or cause prior to any termination thereof.
The aforesaid termination notices, as well as all other notices required herein, shall be
considered received by the ALLIANCE and the COUNTY if sent by certified mail, return receipt
requested, or by overnight personal delivery service requiring a signature for delivery, and addressed
as provided for in Article XXVIII of this Agreement.
ARTICLE VIII
EQUAL OPPORTUNITY CLAUSE
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 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
The ALLIANCE shall provide and maintain the following insurance coverage's in the amounts
specified throughout the period of this Agreement on behalf of the ALLIANCE and the COUNTY, by naming
4
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7/7/2015 161.4.
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.
ARTICLE XI
CONFLICT OF INTEREST
The ALLIANCE 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.
ARTICLE XII
DRUG FREE WORKPLACE
The ALLIANCE shall administer, in good faith, a policy designed 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
C.OVFRNTNC. LAW VENT iF.
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 the ALLIANCE is providing services funded by the
United States Government. Venue shall be in Collier County, Florida.
ARTICLE X1V
COMPLIANCE
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 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.
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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 R I G H T 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, which 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 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
ALLIANCE pursuant to this Agreement must recognize the contribution of the BCC as a funding source,
The ALLIANCE 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 the ALLIANCE, and particularly those projects induced with COUNTY
funded financial incentives or other contributions, will be planned in cooperation with the COUNTY's
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.
on
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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 XX1II
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.
ARTICLE XXIV
POLITICAL ACTION
The ALLIANCE 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 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 the ALLIANCE. Similarly, no contract which purports to affect the terms of this Agreement shall be
Val, I a& :a all,CtS ♦1... A............ _..a ..._1„__ :- __._:aL_ __J __.____.._J r__. .r__ n�>•r�rmv _.. a .�. .. .. ... 1rr.r+
YCII IU GJ It Q11cG LJ Lift S N�'ICCIIIC1I1, UIIICSS Ill WI IIIIIg a[lu eXCGuLeu by the CUUIN 1 Y and the ALLIAINUt.
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
Mr. Leo Ochs, County Manager Collier
County
3299 Tamiami Trail East, Ste. 201
Naples, FL 34104
If to the ALLIANCE:
Southwest Florida Economic Development Alliance,
Inc.
c/o Richard C. Grant, Esq.
Grant Fridkin Pearson, P.A.
5551 Ridewood Drive, Suite 501
FL 34104
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IN WITNESS WHEREOF, this Agreement was dated on the day and year first written above.
ATTEST:—, BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROC, K, *.CLERK OF COLLIER COUNTY, FLORIDA
'Au" "std ' to Ualfff ZWBEPUTY CLERK TIM NANCE, CHAIRMAN
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ApproveM to form and legality
JenfVer A. Belpedi ,
Assistant County Att rn
SOUTHWEST FLORIDA ECONOMIC
DEVELOPMENT ALLIANCE, INC.
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EXHIBIT A
SCOPE OF SERVICE
FY2015
ORGANIZATION: Southwest Florida Economic Development Alliance, Inc.
PROGRAM: Economic Development Services
I. Objective: Marketing Outreach & Site Selector Relationships
The activities of the Alliance to strengthen the Southwest Florida Region economy by activities that
will include, but not be limited to: generating business awareness and interest in Southwest Florida
through targeted outreach, marketing and relationship building and serving as a transparent
economic 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.
Performance Criteria
The ALLIANCE shall provide statements to include evidence and invoices substantiating
the nlln.x.x.rina artvitPc /arrmmnlichment� c f,n.,r , r.a..i.m,..h.,i..i.r,c�n..m.,,P..nt.•
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Deliverable l: Approved Annual Marketing Plan developed in conjunction with Marketing
Advisory Committee, to include professionals from Collier County.
Deliverable 2: During the term of this Agreement, execution of 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 consultant events. The four (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.
Deliverable 3: Account for prospect & contact activities through the adoption and use of a
lead dissemination tool to track prospect information derived from Alliance's marketing
efforts.
II. Objective: 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
Al
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businesses to easily identify suitable buildings and sites.
Performance Criteria
The ALLIANCE shall provide statements to include evidence and invoices substantiating
the following activities for reimbursement:
Deliverable 4: Maintain attractive and relevant website to highlight 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.
III. Objective: Staff & Operations
The Alliance Director would lead the Alliance and represent the organization both externally and internally
to the region. Externally, the Director would oversee development and execution of the annual marketing
plan. The Director would also focus on promoting the region to targeted site selectors and companies;
Enterprise Florida, and international consulates, attending trade missions where appropriate. Internally, the
Director would manage investor relations, direct fund- raising activities, work with the Investor Advisory
Committee to develop long and short term strategy recommendations for the ALLIANCE, promote the
importance of economic development within the region, and act as liaison for economic development
activities for Southwest Florida.
Performance Criteria.
The ALLIANCE shall provide statements to include evidence and invoices substantiating the following
activities for reimbursement:
Deliverable 5: Successful recruitments of the Alliance Director and operational support staff two
(2 ) FTE's to accomplish the tasks to achieve performance required by the agreement.
Deliverable 6: Annual Report Presentation to the Collier County Board of Commissioners once
during the term of this Agreement reporting on the marketing, recruitment, and
expansion/retention activities for the Southwest Florida Region.
A2
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EXHIBIT B
METHOD OF PAYMENT
FY2015
ORGANIZATION: Southwest Florida Economic Development Alliance, Inc,
PROGRAM: Economic Development Services
RELEASE OF FUNDS SHALL BE IN ACCORDANCE WITH THE APPROVED BUDGET WILL BE
MADE UPON RECEIPT OF THE COMPLETED REQUEST FOR PAYMENT FORM EVERY 90 DAYS.
NO MODIFICATIONS WITHIN BUDGET CATEGORIES SHALL BE FUNDED UNLESS PRIOR
WRITTEN APPROVAL HAS BEEN GRANTED BY THE COUNTY MANAGER, WHICH APPROVAL
SHALL BE CONSISTENT WITH THE TERMS OF THE COUNTY /ALLIANCE BUDGET AND
AGREEMENT AND NOT UNREASONABLY WITHHELD. PAYMENT REQUESTS SHALL NOT BE
SUBMITTED FOR A PERIOD OF LESS THAN ONE QUARTER. 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 SEPTEMBER 30th OF EACH
YEAR TO ALLOW CLOSEOUT OF THE COUNTY'S FISCAL YEAR. IN NO EVENT HOWEVER,
SHALL PAYMENTS TO THE ALLIANCE UNDER THIS A G R E E M E N T EXCEED $100,000.00 PER
COUNTY FISCAL YEAR. FOR THE CURRENT FISCAL YEAR, THIS WOULD BE THE PERIOD FROM
JANUARY TO SEPTEMBER 2015.
TOTAL (County Portion) $100,000.00 (fiscal year)
The requests for payment shall include the report on progress on the strategies and tasks identified
in the agreed Scope of Services.
C
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BUDGET DETAIL FOR SERVICES
FY2015
ORGANIZATION: Southwest Florida Economic Development Alliance, Inc.
PROGRAM: Economic Development
Budget Category
Approved
Budget
1. Salaries including benefits
Director
$40,000
Operations Support Staff Person
$10,000
Personnel Subtotal
$50.000
2. Marketing Outreach and Website Expenses as
described in Deliverables 1-4.
Marketing Plan Activities and Website
Maintenance, Marketing, & Optimization
$50,000
Marketing & Website Subtotal
$50,000
Total Budget Categories
$100,000 per
County FY
NOTE: When completing payment requests complete the appropriate forms and attach
detailed documentation identifvin2 obliLations or expenses in the above budeet cateeories only.
i
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EXHIBIT C
PROGRAM PERFORMANCEREPORT
FY2015
ORGANIZATION: Southwest Florida Economic Development Alliance, Inc.
PROGRAM: Economic Development
REPORT PERIOD THROUGH
PERCENTAGE OR SCOPE OR SERVICES OR COMPONENTS OF CONTRACT
COMPLETED %
I. ACCOMPLISHMENTS:
Report No.
A: Staff & Operations
B: Marketing Outreach Accomplishments
I.
a. Director on board.
a. Annual Marketing Plan approved and
Submit
See Art IV below for submittals.
implemented.
On or
b. Progress toward (4) Marketing Events for the
before,
calendar year 2015.
March 31,
See Art IV below for submittals.
2015.
2.
a. Director on board.
a. Two (2) Marketing Events Accomplished, or
Submit On
b. Support Staff Person on board.
progress toward (4) Marketing Events for calendar
or before,
See Art IV below for submittals.
year 2015.
June 30,
b. Adopt and use lead dissemination tool.
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See Art IV below for submittals.
3.
a. Director on board.
a. Three (3) Marketing Events Accomplished, or
Submit
b. Support Staff Person on board.
progress toward (4) Marketing Events for calendar
Within 45
c. Annual Report Presentation to
year 2015.
days of
the Collier County Board of
b. Account for Prospect & Contact.
expiration
Commissioners Accomplished.
c. Maintain & Enhance Website.
or
See Art IV below for submittals.
See Art IV below for submittals.
termination.
II. PROBLEMS:
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III. STATUS REPORT ON PROVISION OF SERVICES: (include report period and year- to-
date)
SCOPE OF ANNUAL REPORT YEAR TO % OF GOAL
SERVICE PROGRAM PERIOD DATE COMPLETED
PROVIDED GOAL
(See attached scope of work for detailed deliverables, benchmarks a n d performance measures.)
IV. OTHER COMMENTS:
SUPPORTING ATTACHMENTS: Along with the above status report, provide Project details
for the deliverables delineated in Exhibit A. For specific activities and accomplishments s u b m i t
supporting documentation listed below or other documents which support
accomplishment of deliverable. With regard to staff accomplishments submit
timesheets signed by supervisors and payroll reports. With regard to
operations accomplishments submit Project Detailed Expense reports, invoices, statements,
and canceled checks. With regard to marketing outreach accomplishments submit
invoices and cancelled checks, copies of press releases, media placement and other ads, the approved
Annual Marketing Plan, event budgets and invitations or invoices for reserving event locations, screen
print outs of the lead dissemination tool or lead dissemination reports, SEO & website analytic reports,
and reports on the Alliance's prospect and contact activities including number of missions,
conferences, publications, meetings, and other measurable activities.
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INSTRUCTIONS FOR
PROGRAM PERFORMANCE REPORT
THE PURPOSE OF THIS REPORT IS TO PRESENT A CONCISE REVIEW SUMMARIZING THE
ALLIANCE'S ACTIVITIES FOR THE COUNTY FUNDED PROGRAM. USE ADDITIONAL PAGES
ONLY IF NECESSARY/REQUIRED.
The ALLIANCE: Provide name of the ALLIANCE as it appears on your Agreement.
Program: Provide title of the program or general service area as contracted. It is defined in the Agreement
between the COUNTY and the ALLIANCE for economic development.
Report Period: Identify dates covered by this narrative report. After the first report, begin with ending date
of the previous report.
Accomplishments
Highlight significant or major accomplishments in the COUNTY funded program during the
report period.
II. Problems
Provide a description of the problems that were encountered during this report period which
would have a negative impact on the program. Also, provide a plan for a corrective action, to
include time of implementation, effect on the program, and indicate if there is a need to modify
the program, goals, Agreement or funding.
Ill. Status Rennrt on Provision of Services_ Coals and Ohiectives (Renort period and year -to- date)
Report statistically on program goal achievements for report period and year -to -date total.
IV. Other Comments
Use this section for general remarks regarding ALLIANCE, etc. General information to assist in
understanding the program's operation and purpose may be included.
Provide anyRequired Attachment.
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EXHIBIT E
ALLIANCE GENERAL LIABILITY COVEREAGE
DECLARATION SHEET
Southern- Owners Ins. Co. Policy # 142312- 20879490 -14
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Page 2 55040 (11/87)
SOUTHERN - OWNERS INS. CO. Issued 06 -02 -2014
AGENCY BB &T- OSWALD TRIPPE AND COMPANY Company POLICY NUMBER 142312-20879490 -14
12-0310 -00 MKT TERR 068 Bill
INSURED SOUTHWEST FLORIDA ECONOMIC Term 05 -20 -2014 to 05 -20-2
COMMERCIAL GENERAL LIABILITY COVERAGE
LIMITS OF INSURANCE
General Aggregate $2,000,000
(Other Than Products - Completed Operations)
Products - Completed Operations Aggregate 2,000,000
Personal Injury And Advertising Injury 11000,000
Each Occurrence 11000,000
Damage to Premises Rented to You (Fire Damage) 50,000 Any One Premises
Medical Payments 5,OOD Any One Person
Hired Auto & Non-Owned Auto 1,000,000 Each Occurrence
Twice the "General Aggregate Limit ", shown above, is provided at no additional
charge for each 12 month period in accordance with form 55300.
AUDIT TYPE: Non - Audited
FORMS THAT APPLY TO THIS COVERAGE: 59350 (01 -08) 55146 (06 -04) 55028 (12 -04)
55160 (12 -04) IL0021 (07-02) 55296 (09 -09) 55300 (07 -05) C00220 (03 -12)
IL0017 (11-85) 55513 (11 -11) 55168 (12 -04)
LOCATION OF PREMISES YOU OWN, RENT OR OCCUPY
LOC 001 BLDG 001 5551 Ridgewood Dr Ste 501
Naples, FL 34108 -2719
TERRITORY: 006 COUNTY: Collier
Classification Subline
CODE 04001
Hired Auto & Non -Owned Auto
Liability
CODE 41670
Clubs - Civic, Service Or Social - Prem /Op
No Buildings Or Premises Owned Or Prod /Comp Op
Leased Except For Office Purposes
(Not -For Profit)
CODE 49950
Additional Interests
Managers /Lessors Of Premises Prem /Op
The Phil Llc
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Premium
Basis Rates Premium
Flat Charge $69.00
Members Each 1
100 1.345 $135.00
100 .016 $2.00
Flat Charge 525.00
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EXHIBIT F
COLLIER COUNTY CMA #5383
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CMA # 5383
EQUAL EMPLOYMENT OPPORTUNITY (EEO)
[Effective Date: March 17, 1999 (Revised: October 1, 2001; Revised: October 1, 2003; Revised: May
1, 2009)1
§ 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
Pagel of 2
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CMA # 5383
administered without regard to race, color, religion, sex, age, national origin, physical or mental
handicap, or marital status.
Page 2 of 2
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