Agenda 02/13/2018 Item #16F602/13/2018
EXECUTIVE SUMMARY
Recommendation to approve Amendment Number Two to the Grant Agreement with the State of
Florida Department of Economic Opportunity which provided funding for the implementation of
the County’s Business Accelerator Program.
OBJECTIVE: To obtain Board approval of Amendment Number Two to the Grant Agreement with the
State of Florida Department of Economic Opportunity (DEO), which would relieve the County of the
economic liability for the positive return of benefit requirements under existing DEO agreement SL007.
CONSIDERATIONS: On September 10, 2013, the BCC approved the Office of Business & Economic
Development’s FY14 Business Plan, Agenda Item 11C, which includes a goal of developing a Business
Accelerator program. Policy direction from the November 26, 2013, and December 10, 2013, BCC
meetings culminated in the May 13, 2014, approval of the Collier County Innovation Accelerator
Business Plan, including authorizing its implementation. A critical component of the accelerator
development process was obtaining a $2,500,000 State of Florida appropriation (FY 2014/2015 Specific
Appropriation 2256A). The appropriation was memorialized in Grant Agreement SL007 with the DEO
and approved by the BCC on November 18, 2014, as Agenda item 11B. The agreement’s first
amendment was approved by the Board on April 28, 2015, as agenda item 16F.3, and revised the project
schedule with adjustments that reflected the circumstances and occurrences since the initial formulation
of the agreement, with minor modifications to certain deliverables.
The original DEO Grant Agreement SL007 approval process was protracted due to the implementation of
new state grant policy requirements and updated construction completion estimates for the Florida
Culinary Accelerator @ Immokalee. The $2,500,000 funding agreement contained specific positive
return of benefit performance requirements including the creation of 208 job-year equivalents or the
demonstration of $12,500,000 of cumulative private-sector capital expenditures or venture investment
over the five-year period of the grant agreement, which ends June 30, 2019. Grant funding commenced
on approximately January 1, 2015, and terminated on June 30, 2015, when only $723,525.51 (29 percent)
of the $2,500,000 had been spent. The Legislature re-appropriated the remaining funds for use the
following State fiscal year, but that action was subsequently vetoed. Since that time, staff has been in
discussion with the DEO about an equitable proration of those requirements in line with the percentage of
actual funding received.
Recently, staff concluded successful negotiations with the DEO which has resulted in the prorated
positive return of benefit benchmarks enumerated in Amendment Number Two. The cumulative private
sector capital expenditure or venture investment benchmark was adjusted from $12,500,000 to $6,000,000
and the benchmark for job-year equivalents was adjusted from 208 jobs to 61. The prorated venture
investment of $6,000,000 has been met, as stated in this amendment. Therefore, the County has achieved
a positive return of benefits for the State of Florida, based on venture investment, and will not need to
meet the job-year equivalent benchmark. The only remaining obligation of Collier County, under this
agreement, is continued quarterly and annual reporting.
FISCAL IMPACT: This amendment adjusts the “Return of Benefits on State Funds” benchmarks and
acknowledges that Collier County has met or exceeded the requirements for venture investment, prorated
deliverables and local financial contribution, thus eliminating any grant repayment risk, provided
operational and reporting requirements through June 30, 2019, are met.
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02/13/2018
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 to diversify the County’s economic base.”
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. - JAB
RECOMMENDATION: Recommendation to approve Amendment Number Two to the Grant
Agreement with the State of Florida Department of Economic Opportunity which provided funding for
the implementation of the County’s Business Accelerator Program.
Prepared by: Jace Kentner, Director, Office of Business and Economic Development
ATTACHMENT(S)
1. Second Amendment to DEO Agreement SL007 (PDF)
2. DEO SL007 First Amendment (PDF)
3. DEO Agreement SL007 original 11.25.14 fully executed (PDF)
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02/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.6
Doc ID: 4800
Item Summary: Recommendation to approve Amendment Number Two to the Grant Agreement
with the State of Florida Department of Economic Opportunity which provided funding for the
implementation of the County’s Business Accelerator Program.
Meeting Date: 02/13/2018
Prepared by:
Title: Administrative Assistant – Business and Economic Development
Name: Jennifer Leslie
02/07/2018 8:25 AM
Submitted by:
Title: Director – Business and Economic Development
Name: Jace Kentner
02/07/2018 8:25 AM
Approved By:
Review:
Business and Economic Development Jace Kentner Additional Reviewer Completed 02/07/2018 9:24 AM
Grants Edmond Kushi Level 2 Grants Review Completed 02/07/2018 9:28 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/07/2018 10:00 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/07/2018 10:05 AM
Grants Therese Stanley Additional Reviewer Completed 02/07/2018 10:50 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/07/2018 11:20 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 02/07/2018 12:32 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/07/2018 2:21 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM
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Packet Pg. 1458 Attachment: Second Amendment to DEO Agreement SL007 (4800 : Amendment to State agreement)
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AGREEMENT#SLOW
AMENDMENT NUMBER ONE
TO GRANT AGREEMENT
BETWEEN
THE DEPARTMENT OF ECONOMIC OPPORTUNITY
AND
COWER COUNTY
On November 24,2014,the State of Florida, Department of Economic Opportunity("DEO"), and Collier
County ("Grantee"), entered Into a Grant Agreement for two million five hundred thousand dollars
2,500,000.00). The State funds provided under the Agreement will be used in Fiscal Year ("FY")
2014/2015 in consideration for Grantee's provision of services as set forth by the terms and conditions
of the Agreement.
WHEREAS, Section II.A of the Agreement provides that any amendment to the Agreement shall be in
writing and executed by the Parties thereto;and
WHEREAS,Grantee is unable to meet the original deliverable deadlines due to circumstances beyond its
control with respect to the facilities leasing processes and the securing of qualified employees;and
WHEREAS,Grantee submitted an amendment request in writing to DEO on February 25,2015;and
WHEREAS,the Parties wish to amend the Agreement as set forth herein;
NOW THEREFORE,in consideration of the mutual covenants and obligations set forth herein,the receipt
and sufficiency of which are hereby acknowledged, the Parties agree to amend the Agreement as
follows:
1. Attachment 1 to the Agreement,"Scope of Work," Is hereby deleted and replaced with the attached
Attachment 1,"Scope of Work."
2. All other terms and conditions remain in effect.
3. Section I.F.1, within the "Governing Laws" section of the Agreement, is hereby incorporated by
reference as if fully restated herein.
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IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and
provisions of Agreement SL007, as amended. The Effective Date of this Amendment is February 25,
2015.
COWER COUNTY DEPARTMENT NOMIC OPPORTUNITY
By C r By
Signature Signature
Tim Nance Cissy Proctor
Title Chairman,Board of County Title Chief of Staff
Commissioners
Date a% 115 Date S7 / q/ 15
pproved as to form and legality
Approved as to form and legal sufficiency,subject
only to full and proper execution by the Parties.
Assistant Cou Kerney
11,
4\
a OFFICE OF GENERAL COUNSEL
cO 00 DE' • E • • • IC OPPORTUNITY
By: k
ATTEST:
DIN E. Mork Approved Date: 6.76//'s
Attest as to Chairman's
j nzc , p gin!'.
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Attachment 1
SCOPE OF WORK
Collier County Soft Landing Accelerator
1. Project Description: This project is for the establishment of a soft-landing Accelerator Network
initially consisting of two Collier County accelerators,one of which is located in Western Collier
County that will provide expertise to assist burgeoning international and domestic businesses
with budgeting, business plan development, formulation of marketing plans and strategies,
venture funding, and distribution logistics;and the other an agribusiness-focused culinary food
accelerator located in Eastern Collier County equipped with commercial kitchen equipment,
food product development and testing equipment, cold food storage, and loading docks,
meeting all FDA, USDA and state applicable requirements). The Accelerator Network will also
provide accelerator services to any facility in the Southwest Florida Regional Five County
Collier, Lee, Charlotte, Glades, Hendry) area, where a contract or memorandum of
understanding (MOU) for incubator/accelerator services has been executed, constituting
Network Managed Activity. The purpose of this project is to:recruit companies into Florida that
create high value employment opportunities; attract foreign direct investment; improve export
opportunities for Florida companies;and build new futures for citizens who desire to stay in the
region and build their own businesses. In order to establish these two accelerators, the State
appropriation will be used for specialized start-up staffing, and for the leasing and
improvements of the two facilities that will house the accelerators. The leased space for the
soft-landing accelerator for foreign business start-up is anticipated to be up to 9,100 square feet
and requires the purchase and installation of enterprise software, hardware, licenses, IT
networking equipment, global conferencing equipment and furnishings. The leased space for
the culinary food accelerator is anticipated to be approximately 5,000-6,000 square feet, and
requires remodeling, commercial equipment, cold food storage, fire safety, air filtration, air
conditioning, code approval and furnishings. Collier County Soft Landing Accelerator funding
provided by the State of Florida, Department of Economic Opportunity("DEO"), will be utilized
for operating salaries, payroll taxes, benefits, and other payroll-related costs, facility leases,
insurance, maintenance and repair, utilities, computers, servers, other computer and
telecommunication equipment, printers, copiers, scanners, software, conference equipment,
IT/Web/Communication costs and services, travel, conferences, dues, subscriptions, staff
development (not certifications), bank charges, background checks, drug screening, safety
inspections, operating licenses and permits, office supplies, shipping, printing, publishing,
professional fees and expenses (legal, accounting, auditing, mentoring, and marketing),
planning, design, engineering, multi-functional office furniture and fixtures, modular work and
quiet areas,food product development and testing equipment,culinary and related equipment,
fixtures, systems and installation, other equipment as needed and leasehold improvements,
other reasonable operating costs required for program implementation and operations. Collier
County intends for this project to create a financially self-sustaining program.
This project is funded through:
Line Item#2256A Collier County Soft Landing Accelerator 2,500,000
SEED
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2. Grantee Responsibilities: Grantee will ensure the lease of two facilities where the accelerators
will be located. Grantee will send updated status reports with payment requests based on
documentation supporting the need for an advance and subsequently documented soft and
hard openings of the two facilities (including payroll, leasing, purchasing engineering services,
permits and construction) that has occurred between July 1, 2014 and September 30, 2015,as
further described herein.
Grantee will:
a. Be the Fiscal Agent for this Project but intends to subcontract with Economic Incubators,
inc., to serve as the Project's Administrative Entity. Grantee represents that its
contractor has or will be selected in accordance with Florida law. Grantee further
represents that the services of its contractor are essential to the project, and are only
available if advance payment is made to the contractor. DEO does not prohibit
advancement of funds by Grantee to Grantee's contractor under those conditions.
1. Costs not allowed under this Agreement include, but are not limited to, any
administrative fee for Economic Incubators, Inc.
2. Grantee may temporarily invest advanced funds, but any interest income
earned on such funds shall either be returned to DEO or applied against DEO's
obligation to pay under this Agreement.
b. Implement all construction plans described in this agreement and provide
documentation specifying the remodeling/retrofitting,permitting and fees required for
each location selected,and a list of the necessary IT,office/culinary equipment and
furniture for each location,as detailed in each Deliverable In Section 4. Grantee must
submit a cost analysis and supporting documentation evidencing to DEO's satisfaction
that any proposed leasehold improvements are allowable,reasonable,and necessary,
prior to beginning work on such leasehold improvements or requesting any payment for
such leasehold improvements.
c. Recruit,hire,and maintain staff for functions aligned with Accelerator position
descriptions,which identify the unique characteristic and requirements of staff
positions,as detailed in each Deliverable in Section 4.Anticipated staff include an
Executive Director who will oversee both locations,a Regional Global Soft-Landing
Specialist,who will serve both locations,a Web Developer/Social Media Marketing,who
will serve both locations,a Director for Immokalee&Facility Compliance,a
Maintenance&Equipment Specialist,a Naples Administrative Manager,and interns.
d. Ensure an effective advertising campaign,which relies on search engine optimization,
internet search analytics,print,and public relations components.
e. Provide invoice packages that include a cover letter signed by Bruce Register, Grantee
Representative,certifying that the costs being claimed for the project:
i. Are specifically for this project.
ii. Are for one or more of the Deliverables detailed in the Section 4 Deliverables.
In addition,the final invoice package shall include documentation that the costs claimed
were incurred and paid between July 1, 2014 and June 30, 2015, or were partially
incurred from July 1,2015 to September 30,2015,that progress had begun on such costs
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by June 30, 2015, and identify any funds the Grantee has which are unencumbered or
unobligated and need to be returned to the state. Documentation of payment shall
include:
1. Copies of the cancelled checks specific to the project, or copies of checks and
the corresponding bank statements;
2. The projected vs.actual budget spreadsheet;
3. Before and after photographs of the work site;and
4. A final itemized invoice for any costs still outstanding that are above the amount
of funds already provided to the Grantee.
f. The Grantee will submit quarterly and annual reports for each of the five (5) years
following the execution of the Agreement, In determination of progress toward
deliverables regarding compliance with the terms of this Agreement. Such reports will
provide updates on:
i. The number and types of companies recruited to Florida that have created high
value employment opportunities;
ii. The amount of foreign direct investment generated by the project;
iii. The amount and types of export opportunities realized by Florida Companies;
iv. The number of entrepreneurs that stay in the region and build their own
businesses as a direct result of accelerator activities;and
v. Progress made towards completion of the return of benefits described in Exhibit
A to this Scope of Work.
g. If Grantee has not provided at least $241,000 in cash match toward this project by
January 31, 2017, in fulfillment of the match requirement for FY 2014/2015, Grantee
shall return to the State of Florida an amount equal to the deficient cash match amount
e.g., Grantee cash match as of June 30, 2017 equals $41,000: $241,000 - $41,000=
200,000. Therefore, Grantee would owe the State of Florida a refund of$200,000).
Any such refund due to the State of Florida shall be submitted on or before August 31,
2018.
h. The Grantee understands and agrees that it will be required to return to the State of
Florida all funds received pursuant to this Agreement, less any financial consequences
imposed, if the project does not result in a positive return of benefits to the people of
Florida(See Exhibit A to this Scope of Work). Criteria for determining a Positive Return
of Benefits on State Funds are:
i. Creation of 208 "Job Year Equivalents" as measured by one year of full time
employment for one job, eligibility defined as accelerator staff, accelerator
tenant employees or documented graduates of the Accelerator Network,
employment in Florida. See attached Exhibit B—Positive Return of Benefits on
State Funds, which constitutes an IMPLAN projection of taxes for five years.
Certification in the form of a written representation and warranty,signed by an
officer of the Collier County Soft Landing Accelerator and Accelerator Affiliated
Entity(which is a tenant or graduate or spinoff of the Accelerator Network or
any Network Managed Activity*), which identifies the number of jobs and
corresponding "Job Year Equivalents" represented on any of the following:
Florida UCT 6 Form, IRS Form 1099, IRS Schedule K-1 (Form 11205 or Form
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1065). The certification may also identify Florida-based jobs arising from joint
venture partners or participants of the Accelerator Affiliated Entity;OR
ii. Demonstration of$12,500,000 of cumulative private sector capital expenditures
or venture investment resulting from an Accelerator Affiliated Entity. A
purchase qualifies as a capital expenditure if it has all of the following: a) the
Accelerator Affiliate Entity owns or controls the asset which has a measurable
future economic value; b) has an estimated useful life of greater than a
minimum of 12 months; c) the item is not used for the resale directly to
Accelerator Affiliated Entity's customers; and d) the item is not purchased for
inventory to be used in production of the Accelerator Affiliated Entity's
products. A capital expenditure is considered an asset of the Accelerator
Affiliated Entity and it Is, therefore, capitalized in the financial records. The
following may be submitted as documentation to support capital expenditures:
Internal Revenue Service(IRS) Form 4562; and/or Certification in the form of a
written representation and warranty, signed by an officer of the Accelerator
Affiliated Entity, identifying and verifying the capitalized expenditures showing
up on their balance sheet.
Network Managed Activity means that the Accelerator Network will also provide accelerator
services to any facility in the SWFL Regional Five County(Collier, Lee, Charlotte, Glades, Hendry)
area, where a contract or memorandum of understanding (MOU) for incubator/accelerator
services has been executed,constituting Network Managed Activity.
3. DEO's Responsibilities:
a) Monitor the ongoing activities of the Collier County Soft Landing Accelerator Program
via phone calls, desk reviews of the documentation submitted for payment requests,
and site visits as needed.
b) Perform contract management responsibilities pursuant to the Agreement.
c) Review the Grantee's invoices described herein,and process them on a timely basis.
d) Maintain paper or electronic copies of all documents submitted pursuant to Sections 4
and 5 to the extent required by law.
e) Reply to reasonable inquiries from the County.
f) Following the initial advance payment of $495,000.00 for operations and facilities
retrofitting and commencement, DEO will only submit the fixed-price payment requests
upon satisfactory documentation of completion of the deliverables for each time period
described below in#4.
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4. Deliverables: Grantee agrees to provide the following services:
Advance Payment Request(see Exhibit 3 to the Scope of Work): Due Date within 24 hours of Execution of
the Agreement.
Minimum Performance Standards
Advance Payment Request In addition to the Minimum Level of Financial Consequences
Request for advance payment to Performance outlined In S.A.,Grantee
begin implementation of the work will submit the below documentation
plan. Anticipated first 90 days cash as confirmation that Deliverable 1 is
requirements:$495,000.00 in start- complete within 24 hours following
up expenditures. Advance is for DEO's execution of the Agreement.
implementation of the Business At a minimum the following must be
Plan for Collier County Innovation completed and backup documentation
Accelerators,as approved by the submitted in order to evidence
Collier County Board of County satisfaction of the deliverable.
Commissioners on May 13,2014.
Work Plan: Begin site selection Submittal of invoice for Advance In addition to Grantee
process for West and East Funding to begin implementation of returning any unobligated
Accelerator space.Review Work Plan,detailed in the adjacent funds from the advance with
opportunities that will enhance column. the final invoice,failure to
program success.Negotiation of meet specified time criteria
leases,remodeling plan approval results in a fifty dollar($50.00)
and review of necessary state and per day financial consequence
local approvals and permits. to Grantee.
Creation of Accelerator position
descriptions which identify the
unique characteristics and
requirements of staff positions.
The consultant for the initial pilot
will create participation documents
and meet with potential clients to
present the Application for
Accelerator Participation,the
standards for participation in the
Accelerator,the Accelerator
Participation Agreement,which
memorializes relationships in a
contractual relationship. An
application review and approval
committee will be established. The
consultant will perform web
development,and initiate marketing
and fund-raising.Grantee will
negotiate and contract with an
Administrative Entity;
Administrative Entity will begin
procurement process for
operations.
Total 495,000
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Deliverables 1—7: Due Date as of March 31,2015
Deliverables Minimum Performance Standards Financial Consequences
1. Site selection for West and 1. Eastern&Western Collier Failure to complete and submit
East Coier County County Accelerator site plans. all Deliverables by March 31,as
Accelerator space, review evidenced by the absence of
and approval. any of the Minimum
Performance Standard
2. Enter into lease agreement 2. Executed Western Collier documentation shown for
for Western Colter County County Accelerator Lease Deliverables 1-7,will result in
Accelerator. Agreement. a fifty dollar($50.00)per day
financial consequence,which
3. Eastern Collier Co u n t y 3. Contract or purchase order for shall be deducted from the
Accelerator(Immokalee) design services:furnishings, Fixed Price payment for
procurement of equipment,leasehold Deliverables 1-7.
design contractor: improvements,and design
furnishings,equipment,and plan.
leasehold improvements.
Grantee must submit a cost
analysis and supporting
documentation evidencing
to DEO's satisfaction that
any proposed leasehold
improvements are
allowable,reasonable,and
necessary,prior to
beginning work on such
leasehold improvements or
requesting payment for
Deliverables 1—7.j
4. Western Collier County 4. Public notices,press releases,
Accelerator (Naples) and documentation of
pilot. leasehold interest.
5. Western Collier County 5. Successful Recruitment of
Accelerator staff Administration Entity and
acquisition of Director, hiring of Director and
Administrative Assistant,Administrative Assistant(2
and intern(2 FTE and 1 FTE FTEs;plus 1 FTE Intern),as
Intern). indicated by accepted letter of
offer from supervisor.
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6. Western Collier County 6.Statements,participant Use
Accelerator pilot launch and Agreements,public notices
Accelerator services and press release
operational. documenting the soft-opening
at transitional site of the
Western Collier County
Accelerator.Statements,
orders or invoices
documenting procurement for
Accelerator services.
7. Review and selection of 7. Approved Administrative
Administrative Entity and Entity Agreement.
approval of contract.
Total 245,000
Deliverable 8—12: Due Date as of June 30,2015
Deliverables Minimum Performance Standards Financial Consequences
8. Commence Western Collier 8. Notice to proceed or construction Failure to complete and submit
County Accelerator permits or architectural drawings all Deliverables by June 30,
Construction and Western of improvements. Contract or 2015,as evidenced by the
Collier County purchase order for furnishings absence of any of the Minimum
Accelerator and equipment for Western Performance Standard
procurement of Collier County Accelerators. documentation shown for
furnishings and equipment. Deliverables 8—12,will result in
a fifty dollar($50.00)per day
Grantee must submit a cost financial consequence,which
analysis and supporting shall be deducted from the
documentation evidencing Fixed Price payment for
to DEO's satisfaction that Deliverables 8-12.
any proposed leasehold
improvements are
allowable,reasonable,and
necessary,prior to
beginning work on such
leasehold improvements or
requesting any payment for
Deliverables 8-12.
9. Completion of Permit Ready 9. Statement or invoice for
Construction Drawings for Permit Ready Construction
Eastern Collier County Drawings for Eastern Collier
Accelerator. County Accelerator and
copies or electronic files of
those documents.
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10. Proceed with Eastern 10. Documentaion of job
Collier County full-time advertisement or of letter of
equivalent recruitment offer from supervisor.
process for a Director of
Facilities&Compliance,a
Maintenance Specialist,and
an Intern.
11. Hire Web Design Developer 11.Hiring of Web Design
Social Media Marketing Developer&Social Media
and 1.5 FTE Interns(25 Marketer and Interns
FTE). evidenced by accepted letter
of offer from supervisor. (2.5
FTE)
12. Hire Regional Global Soft 12. Hiring of Regional Global
Landing Specialist(1 FTE)or Soft Landing Specialist,
contractors equivalent to a evidenced by accepted letter
FTE.of offer from supervisor or
contractor's equivalent to the
FTE evidenced by a contract.
1 FTE or contractor)
Total 500,000
Deliverables 13—14: Due Date as of August 15,2015
Deliverables Minimum Performance Standards and Financial Consequences
Due Date.
13. Eastern Collier County 13. Public notices and press Failure to complete and
Accelerator Ground release documenting the Ground submit all Deliverables by
Breaking. Fulfillment of Breaking of the Eastern Collier August 15,2015,as
procurement of furnishings County Accelerator. Contract or evidenced by the absence
and equipment. Enter into Purchase Order for furnishings of any of the Minimum
lease agreement for and equipment. Eastern Collier Performance Standard
Eastern Cofer County County Accelerator lease documentation shown for
Accelerator. agreement. Deliverables 13—14,will
result in a fifty dollar
14. Obtain Building Permit and 14. Building Permit and 50.00)per day financial
construction contract(s)for construction contract for Eastern consequence,which shall
Eastern Collier County Collier County Accelerator. be deducted from the Fixed
Accelerator Price payment for
Deliverables 13-14.
Total 660,000
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Deliverables 15—19: Due Date no later than September 30,2015 with all Invokes submitted no later than
September,15,2015.
Deliverables Minimum Performance Standards Financial Consequences
15. Site Preparation 15. Certificate of occupancy,Subject to the discretion of
Construction and Grand- public notices and press release DEO,in the event
Opening of Eastern Collier documenting the Grand Opening consideration of Grantee's
County Accelerator. of the Eastern Collier County explanation for any failure
Immokalee)Accelerator. to meet specified time
criteria be unaccepted,the
failure shall result in a
5,000 financial
consequence per
Deliverable.
16. Western Collier County 16. Public notices,marketing,and
Accelerator Grand Opening press release materials documenting
and complete leasehold the Grand Opening of the Western
improvements. Collier County Accelerator and
contract or purchase order leasehold
improvements.
17. Complete recruitment of 1 17. Recruitment of 1 FTE Eastern
FTE Eastern Collier County Collier County Accelerator Intern
Accelerator Intern. as evidenced by an accepted
letter of offer from supervisor.
18. Complete recruitment of 18.Hiring of Eastern Collier
the Eastern Collier County County Accelerator Director of
Accelerator Director of Facilities&Compliance as
Facilities&Compliance.(1 evidenced by letter of offer from
FTE) supervisor.(1 FTE)
19. Complete recruitment of 19. Hiring of Eastern Collier
the Eastern Collier County County Accelerator Maintenance
Accelerator Maintenance Specialist as evidenced by
Specialist.(1 FTE)accepted letter of offer from
supervisor or supervisor and
employee signed time sheets for
all personnel.(1 FTE)
Total 600,000
5. Invoke Submittal and Payment Schedule:
All invoices shall denote the Deliverables being claimed and the relevant time period for those
Deliverables. The invoice for the Advance shall include a summary of what the Advance Funding
is being requested for, and the invoices for the remainder for the Deliverables shall include a
summary of the accomplishments for the Deliverables claimed on that invoice,for the relevant
time period. However,the final invoice for payment must be received by DEO by September 15,
2015.
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The following documents shall be submitted with the invoice: I I C
A. Advance Payment: Minimum Level of Performance
i. A cover letter signed by Collier County Project Representative Bruce Register certifying
that the Advance Funding is specifically to implement the Collier County Accelerator Business
Plan (as explained in the Work Plan Deliverable under Section 4.of this Agreement)that was
approved by the Collier County Commission on May 13,2014;and
ii. A projected budget spreadsheet.
B. Deliverables 1-7: Minimum Level of Performance (in addition to the documents submitted
with the itemized invoice):
i. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the deliverables being claimed in the invoice package are
specifically for the project represented to the state in the budget appropriation, including a
certified statement for the project that all Deliverables being claimed for the relevant time
period were completed as specified in the Minimum Performance Standards column of
Deliverables 1-7 under Section 4.of this Agreement;and
ii. Before and after photographs of the work sites.
C. Deliverables 8-12: Minimum Level of Performance(in addition to the documents submitted
with the itemized invoice):
i. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the deliverables being claimed in the invoice package are
specifically for the project represented to the state in the budget appropriation, including a
certified statement for the project that all Deliverables being claimed for the relevant time
period were completed as specified in the Minimum Performance Standards column of
Deliverables 8-12 under Section 4.of this Agreement;and
ii. Before and after photographs of the work sites.
D. Deliverables 13 - 14: Minimum Level of Performance (in addition to the documents
submitted with the itemized invoice):
i. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the deliverables being claimed in the invoice package are
specifically for the project represented to the-state in the budget appropriation, including a
certified statement for the project that all Deliverables being claimed for the relevant time
period were completed as specified in the Minimum Performance Standards column of
Deliverables 13-14 under Section 4.of this Agreement;and
ii. Before and after photographs of the work sites.
E. Deliverables 15 - 19: Minimum Level of Performance (in addition to the documents
submitted with the itemized invoice):
i. A cover letter signed by Collier County Representative Bruce Register certifying that the
deliverables being claimed in the invoice package are specifically for the project represented
to the state in the budget appropriation, including a certified statement for the project that
Deliverables 15 — 19 were completed as specified in the Minimum Performance Standards
column of the relevant time frame under Section 4.of this Agreement;
ii. The projected budget vs.actual budget spreadsheet;
iii. Before and after photographs of the work sites;
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IC
Iv. Copies of the cancelled checks specific to the project or copies of checks and the
corresponding bank statements;
v. A final itemized invoice for any costs still outstanding that are above the amount of
funds already provided to the Grantee;and
vi. A spreadsheet that clearly shows the names of all personnel that were paid by this
project,the amount of hours each person claimed against this project and the total amount
they were paid for work on this project. This spreadsheet shall be supported by signed and
approved time sheets for all hours claimed against this project, whether an FTE or a
contractor. In order for costs to be allowable, DEO must be able to time the names of all
personnel back to an accepted letter of offer or a contract,whichever is applicable.
The State may require any other information from Grantee that the State deems necessary to
verify that the services have been rendered under the Agreement.
All documentation necessary to support payment requests must be submitted with Grantee's
invoice for DEO's review.
6. Final Reconciliation:
DEO agrees to disburse funds under this Agreement in accordance with the above.The amounts
specified do not establish the value of the particular deliverables. In accordance with Section
I.F.11,Funding Requirements of section 215.971,F.S.,of this Agreement,Grantee's entitlement
to retain funds paid by DEO is dependent upon the amount of allowable costs incurred and
expended by Grantee in carrying out the Project.
7. Financial Consequences for Failure to Timely and Satisfactorily Perform:
Failure to complete all deliverables in accordance with the requirements of this Agreement,and
in particular, as specified above in Section 4, Deliverables,will result in assessment by DEO of
the specified financial consequences. If the Parties agree to a corrective action plan, the plan
shall specify the applicable financial consequences to be applied after the effective date of the
corrective action plan.
This provision for financial consequences shall in no manner affect DEO's right to terminate the
Agreement as provided elsewhere in DEO's Core Agreement.
8. Notification of Instances of Fraud:
Instances of Grantee operational fraud or criminal activities shall be reported to DEO's
Agreement Manager within twenty-four(24)chronological hours.
9. Grantee's Responsibilities upon Termination:
If DEO issues a Notice of Termination to Grantee, except as otherwise specified by DEO in that
notice,the Grantee shall:
a. Stop work under this Agreement on the date and to the extent specified in the notice.
b. Complete performance of such part of the work as shall not have been terminated by DEO.
c. Take such action as may be necessary,or as DEO may specify,to protect and preserve any
property which is in the possession of Grantee and in which DEO has or may acquire an
interest.
d. Upon the effective date of termination of this Agreement,Grantee shall transfer,assign,and
make available to the DEO all property and materials belonging to DEO. No extra
compensation will be paid to Grantee for its services in connection with such transfer or
assignment.
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10. Non-Discrimination: Grantee shall not discriminate unlawfully against any individual employed
in the performance of this Agreement because of race, religion, color, sex, physical handicap
unrelated to such person's ability to engage in this work, national origin, ancestry, or age.
Grantee shall provide a harassment-free workplace, with any allegation of harassment to be
given priority attention and action.
11. Equipment Disposition:
a. Pursuant to Section I.Q.7 of this Agreement ("Nonexpendable Property"), upon
termination of the Agreement period, Grantee is authorized to retain ownership of any
nonexpendable property purchased under this Agreement; however, Grantee hereby grants to
DEO a right of first refusal in all such property, and prior to disposition of any such property
during its depreciable life, in accordance with the depreciation schedule in use by Grantee,
Grantee shall provide written notice of any such planned disposition and await DEO's response
prior to disposing of the property. "Disposition"as used herein,shall include, but is not limited
to, Grantee no longer using the nonexpendable property for the uses defined herein, the sale,
exchange, transfer, trade-in, or disposal of any such nonexpendable property, or closure of
Grantee's operations. DEO, in its sole discretion, may require Grantee to refund to DEO the fair
market value of the nonexpendable property, taking into consideration the fair value
depreciation of the property,rather than taking possession of the nonexpendable property.
b.To the extent that any improvements are made to leased real property, in whole or in
part,from funding provided under this Agreement,the said real property must be used for the
purposes provided in this Agreement for at least 5 years from June 30, 2015. If within five (5)
years of June 30, 2015 Grantee will no longer use the said real property for the purposes
provided in this Agreement, Grantee shall notify DEO in writing of the circumstances that will
result in the non-authorized use upon learning of it, but no later than thirty(30) days prior to
the non-authorized use occurring. In such event, DEO shall have the right, within Its sole
discretion, to demand reimbursement of part or all of the funding provided to Grantee under
this Agreement for such improvements to real property.
End of Attachment 1(Scope of Work)
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Agreement # SL007
GRANT AGREEMENT
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
THIS GRANT AGREEMENT ("Agreement") is made and entered into by and between the State of Florida,
Department of Economic Opportunity ("DEO"), and Colller County, a political subdivision of the State of
Florida ("Grantee"). DEO and Grantee are sometimes referred to herein individually as a "Party'' and
collectively as "the Parties."
I. GRANTEE AGREES:
A. Attachment 1, Scope of Work:
~
Grantee agrees to provide the goods and/or services in accordance with the conditlo s and
criteria specified herein, and in Attachment 1, Scope of Work. ~ ~
8.
c.
N
_,
Type of Agreement:
This Agreement is a fixed price agreement. -..
Agreement Period: N
\..0
This Agreement shall take effect upon the date on which the last Party signs. The term of this
Agreement begins on July 1, 2014 and ends on June 301 2019. Notwithstanding the term of the
Agreement, all work for which Grantee may invoice under this Agreement must be begun by no
later than June 30, 2015 and completed on or before September 30, 2015. DEO shall not be
obligated to pay for costs incurred by Grantee related to this Agreement prior to Its beginning
date or after its ending date. Grantee acknowledges that while no extension of this Agreement
is contemplated, if an extension is necessary due to events beyond the control of Grantee, any
consideration of an extension will be subject to the availability of funds and further conditioned
upon Grantee's satisfactory performance of all duties and obligatlons hereunder, as determined
by DEO.
J .·
?
D. Agreement Payment:
This Agreement shall not exceed $2,500,000 which shall be paid by DEO in consideration for
Grantee's provision of services as set forth by the terms and conditions of this Agreement. The
State of Florida and DEC's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. DEO shall be the final authority as
to the availability of funds for this Agreement, and as to what constitutes an "annual
appropriation" of funds to complete this Agreement. If such funds are not appropriated or
available for the Agreement purpose, such event will not constitute a default on DEO or the
State. DEO agrees to notify Grantee in writing at the earliest possible time if funds are not
appropriated or available. The cost for services rendered under any other Agreement or to be
paid from any other source is not eligible for reimbursement under this Agreement.
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E. Requirements of paragraphs (a)-(i) of subsection 287.058(1), Florida Statutes (F.S.):
1. Grantee shall submit bills for fees or other compensation for services or expenses in
sufficient detail for a proper pre-audit and post-audit thereof.
2. If travel expenses are authorized, Grantee shall submit bills for such travel expenses and
shall be reimbursed only in accordance with section 112.061, F.S.
3. Grantee shall allow public access to all documents, papers, letters or other materials made
or received by Grantee in conjunction with this Agreement, unless the records are exempt
from section 24(a) of Article 1 of the State Constitution and section 119.07{1), F.S. It is
expressly understood that DEO may unilaterally cancel this Agreement for Grantee's refusal
to compiy with this provision.
4. Grantee shall perform all tasks contained in Attachment 1, Scope of Work.
5. Receipt by Grantee of DEO's written acceptance of the units of deliverables specified herein
is a condition precedent to payment under this Agreement and is contingent upon Grantee's
compliance with the specified performance measure (i.e., each deliverable must satisfy at
least the minimum acceptable level of service specified in the Scope of Work and DEO shall
apply the applicable criteria stated in the Scope of Work to determine satisfactory
completion of each deliverable).
6. Grantee shall comply with the criteria and final date by which such criteria must be met for
completion of this Agreement.
7. Renewal: This Agreement may not be renewed.
8. If Grantee fails to perform in accordance with the Agreement, DEO shall apply the financial
consequences specified herein.
9. Unless otherwise agreed In writing, intellectual property rights to preexisting property will
remain with Grantee; whereas, intellectual property rights to all property created or
otherwise developed by Grantee specifically for DEO will be owned by the State of Florida
through DEO. Proceeds derived from the sale, licensing, marketing or other authorization
related to any such DEO-controlled intellectual property right shall be handled in the
manner specified by applicable state statute.
F. Governing Laws of the State of Florida:
1. Grantee agrees that this Agreement is executed and entered into in the State of Florida, and
shall be construed, performed, and enforced in all respects in accordance with the laws,
rules, and regulations of the State of Florida. Each Party shall perform its obligations herein
in accordance with the terms and conditions of the Agreement. Without limltlng the
provisions of Section 11.D., Dispute Resolution, the exclusive venue of any legal or equitable
action that arises out of or relates to the Agreement shall be the appropriate state court in
Leon County, Florida; In any such action, the Parties waive any right to jury trial.
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2. Grantee agrees that it is in compliance with the rules for e-procurement as directed by Rule
GOA-1.030, F.A.C. and that if applicable, will maintain eligibility for this Agreement through
the MyFloridaMarketplace.com system.
3. DEO shall ensure compliance with section 11.062, F.S., and section 216.347, F.S. Grantee
shall not, in connection with this or any other agreement with the State, directly or
indirectly: (1) offer, confer, or agree to confer any pecuniary benefit on anyone as
consideration for any State officer or employee's decision, opinion, recommendation, vote,
other exercise of discretion, or violation of a known legal duty; or (2} offer, give, or agree to
give to anyone any gratuity for the benefit of, or at the direction or request of, any State
officer or employee. For purposes of clause (2), ''gratuity" means any payment of more than
nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging,
loans, subscriptions, advances, deposits of money, services, employment, or contracts of
any kind. Upon request of DEO's Inspector General, or other authorized State officialt
Grantee shall provide any type of information the Inspector General deems relevant to
Grantee's integrity or responsibility. Such information may include, but shall not be limited
to, Grantee's business or financial records, documents, or files of any type or form that refer
to or relate to this Agreement. Grantee shall retain such records in accordance with the
record retention requirements of Part Vof Attachment 2, Audit Requirements.
4. Grantee agrees to reimburse the State for the reasonable costs of investigation incurred by
the Inspector General or other authorized State official for investigations of Grantee's
compliance with the terms of this or any other agreement between Grantee and the State
which results in the suspension or debarment of Grantee. Such costs shall include, but shall
not be limited to: salaries of investigators1 including overtime; travel and lodging expenses;
and expert witness and documentary fees. Grantee shall not be responsible for any costs of
investigations that do not result in Grantee's suspension or debarment.
S. Public Entity Crime: Pursuant to section 287.133(2)(a), F.S., a person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime may
not submit a bid, proposal, or reply on an agreement to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on an agreement with a public entity
for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; may not be awarded or
perform work as a Grantee, supplier, subcontractor or consultant under an agreement with
any public entity and may not transact business with any public entity in excess of the
threshold amount provided in section 287.017, F.S., for Category Two for a period of thirty-
six (36) months from the date of being placed on the convicted vendor list.
6. Advertising: Subject to chapter 119, F.S., Grantee shall not publicly disseminate any
information concerning this Agreement without prior written approval from DEO, Including,
but not limited to mentioning this Agreement in a press release or other promotional
material, identifying DEO or the State as a reference, or otherwise linking Grantee's name
and either a description of the Agreement or the name of DEO or the State in any material
published, either in prrnt or electronically, to any entity that is not a Party to this
Agreement, except potential or actual authorized distributors, dealers, resellers, or service
representatives.
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7. Sponsorship: As required by section 286.25, F.S., if Grantee is a nongovernmental
organization which sponsors a program financed wholly or in part by state funds, including
a~y funds obtained through this Agreement, it shall, In publicizing, advertising, or describing
the sponsorship of the program, state: "Sponsored by (Grantee's name) and the State of
Florida, Department of Economic Opportunity." If the sponsorship reference is in written
material, the words "State of Florida, Department of Economic Opportunity" shall appear in
the same size letters or type as the name of the organization.
8. Mandatory Disclosure Requirements:
a. Conflict of Interest: This Agreement is subject to chapter 112, F.S. Grantee shall
disclose the name of any officer, director, employee, or other agent who is also an
employee of the State. Grantee shall also disclose the name of any State employee who
owns, directly or indirectly, more than a five percent (5%}. interest in Grantee or its
affiliates.
b. Convicted Vendors: Grantee shall disclose to DEC if they are on the convicted vendor
list. A person or affiliate placed on the convicted vendor list following a conviction for a
public entity crime is prohibited from doing any of the activities listed in Section l.F.1.e.
above for a period of thirty-six (36} months from the date of being placed on the
convicted vendor list.
c. Vendors on Scrutinized Companies Lists: If this Agreement is in the amount of $1
million or morel in executing this Agreement, Grantee certifies that it is not listed on
either the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to
section 215.473, F.S.
1) Pursuant to section 287 .135(5), F.S., DEO may immediately terminate this
Agreement for cause If Grantee is found to have submitted a false certification or if
Grantee is placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during
the term of the Agreement.
2) If DEO determines that Grantee has submitted a false certification, DEO will provide
written notice to Grantee. Unless Grantee demonstrates in writing, within ninety
{90) days of receipt of the notice, that DEO's determination of fa,se. certification was
made in error, DEO shall bring a civil action against Grantee. If DEO's determination
is upheld, a civil penalty equal to the greater of $2 million or twice the amount of
this Agreement shall be imposed on Grantee, and Grantee will be ineligible to bid on
any Agreement with an agency or local governmental entity for three (3) years after
the date of DEC's determination of false certification by the Grantee.
3) In the event that federal law ceases to authorize the states to adopt and enforce the
contracting prohibition identified herein1 this provision shall be null and void.
d. Discriminatory Vendors: Grantee shall disclose to DEO if they appear on the
discriminatory vendor list. An entity or affiliate placed on the discriminatory vendor list
pursuant to section 287.134, F.S. may not:
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1) Submit a bid on an agreement to provide any goods or services to a public entity;
2) Submit a bid on an agreement with a public entity for the construction or repair of a
public building or public work;
3) Submit bids on leases of real property to a public entity; or
4) Be awarded or perform work as a Grantee, supplier, sub-Grantee, or consultant
under an agreement with any public entity; or transact business with any public
entity.
9. Abuse, Neglect, and Exploitation Incident Reporting:
In compliance with sections 39.201 and 415.1034, F.S., an employee of Grantee who knows
or has reasonable cause to suspect that a child, aged person, or disabled adult is or has been
abused, neglected, or exploited shall immediately report such knowledge or suspicion to the
Florida Abuse Hotline by calling 1-800-96ABUSE, or via the web reporting option at
htt~:Lfwww.dd.state.fl.us/abuse/report/, or via fax at 1-800-914-0004.
10. Information Release:
a. DEO does not endorse any Grantee, commodity, or service. No public disclosure or
news release pertaining to this Agreement shall be made without the prior written
approval of DEO. Grantee ·is prohibited from using Agreement information, sales
values/volumes and/or DEO customers in sales brochures or other promotions,
including press releases, unless prior written approval is obtained from DEO.
b. Grantee acknowledges that DEO is subject to the provisions of chapter 119, F.S., relating
to public records and that reports, invoices, and other documents Grantee submits to
DEO under this Agreement may constitute public records under Florida Statutes.
Grantee shall cooperate with DEC regarding DEO's efforts to comply with the
requirements of chapter 119, F.S.
c. If Grantee submits records to DEO that are confidential and exempt from public
disclosure as trade secrets or proprietary confidential business information, such
records should be identified as such by Grantee· prior to submittal to DEO. Failure to
identify the legal basis for each exemption from the requirements of chapter 119, F.S.,
prior to submittal of the record to DEO serves as Grantee's waiver of a claim of
exemption.
d. Grantee shall allow public access to all records made or received by Grantee in
conjunction with this Agreement, unless the records are exempt from section 24(a) of
Article I of the State Constitution and section 119.07(1), F.S. In accordance with chapter
119 F.S., Grantee shall be responsible for responding to all public records requests per
the cost structure provided for records made or received by Grantee in conjunction with
this Agreement.
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e. Grantee must notify DEO, both by e-mail and first class mail, within one (1) business day
from receipt of all request(s) for pubJic records, as a public record is defined in section
119.011, F.S. Notice of public records requests received by the Grantee shall be e-
mailed to PRReguest@deo.myflorida.com and mailed to:
Public Records Coordinator
Department of Economic Opportunity
107 East Madison Street
Tallahassee, Florida 32399
Office: (850} 245-7140
f. Grantee shall notify DEO verbally within twenty-four (24) chronological hours and in
writing within seventy-two {72) chronological hours if any data in Grantee's possession
related to this Agreement is subpoenaed or improperly used, copied, or removed
(except in the ordinary course of business) by anyone except an authorized
representative of DEO. Grantee shall cooperate with DEO in taking all steps as DEO
deems advisable to prevent misuse, regain possession, and/or otherwise protect the
State's rights and the data subject's privacy.
11. Funding Requirements of Section 215.971(1), F.S.:
a. Grantee and its subcontractors may only expend funding under this Agreement for
allowable costs resulting from obligations incurred during the Agreement period.
b. Grantee shall refund to DEO any balance of unobligated funds which has been advanced
or paid to Grantee.
c. Grantee shall refund to DEO all funds paid in excess of the amount to which Grantee or
its subcontractors are entitled under the terms and conditions of the Agreement.
G. Grantee Payments:
1. Grantee will provide DEO's Agreement Manager invoices in accordance with the
requirements of the State of Florida Guide for State Expenditures
(http:lfwww.myfloridacfu.com/aadir/reference guide/) with detail sufficient for a proper
pre-audit and post-audit thereof. Invoices must also comply with the following:
a. Invoices must be legible and must clearly reflect the goods/services that were provided
in accordance with the terms of the Agreement for the invoice period. Payment does
not become due under the Agreement until the invoiced deliverable(s) and any required
report(s) are approved and accepted by DEO.
b. Invoices must contain the Grantee's name, address, federal employer identification
number or other applicable Grantee identification number, the Agreement number, the
invoice number, and the invoice period. DEO or the State may require any additional
information from Grantee that DEO or the State deems necessary to process an invoice.
c. Invoices must be submitted in accordance with the time requirements specified in the
Scope of Work.
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2. At DEO's or the State's option, Grantee may be required to invoice electronically pursuant to
guidelines of the Department of Management Services. Current guidelines require that
Grantee supply electronic invoices in lieu of paper·based invoices for those transactions
processed through the system. Electronic invoices shall be submitted to DEQ's Agreement
Manager through the Ariba Supplier Network (ASN) in one of the following mechanisms -
EDI 810, cXML, or web-based invoice entry within the ASN.
3. Payment shall be made in accordance with sections 215.422 and 287.0585, F.5., which
govern time limtts for payment of invoices. Section 215.422, F.S., provides that agencies
have five (5) working days to inspect and approve goods and services unless the solicitation
documents or the Agreement Scope of Work specify otherwise. DEO has twenty (20) days to
deliver a request for payment (voucher) to the Department of Financial Services. The
twenty {20) days are measured from the latter of the date the invoice is received or the
goods or services are received, inspected and approved. The Scope of Work may specify
conditions for retainage. Invoices returned to a Grantee due to preparation errors will
result in a delay of payment. Invoice payment requirements do not start until a properly
completed invoice is provided to DEO. DEO is responsible for all payments under the
Agreement.
4. Section 55.03{1), F.S., identifies the process applicable to the determination of the rate of
interest payable on judgments and decrees, and pursuant to section 215.422(3)(b), F.S., this
same process applies to the determination of the rate of interest applicable to late
payments to vendors for goods and services purchased by the State and for contracts which
do not specify a rate of interest. The applicable rate of interest is published at:
http:/lwww.mvftorldago.comlaadir/interest.htm
H. Final Invoice:
Grantee shall submit the final invoice for payment to DEO no later than September 15, 2015. If
Grantee fails to do so, all rights to payment are forfeited and DEO will not honor any requests
submitted after this time period.
I. Return or Recoupment of Funds:
1. Grantee shall return to DEO any overpayments due to unearned funds or funds disallowed
pursuant to the terms of this Agreement that were disbursed to Grantee by DEO. In the
event that Grantee or its independent auditor discovers that overpayment has been made,
Grantee shall repay said overpayment within forty (40) calendar days without prior
notification from DEO. In the event that DEO first discovers an overpayment has been made,
DEO will notify Grantee by letter. Shourd repayment not be made in a timely manner, DEO
shall be entitled to charge interest at the lawful rate of interest on the outstanding balance
beginning forty (40) calendar days after the date of notification or discovery. Refunds
should be sent to DEO's Agreement Manager, and made payable to the "Department of
Economic Opportunity."
2. If authorized and approved (Attachment 4 -Approved Advance Funding Letter), Grantee
may be provided an advance as part of this Agreement.
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3. Notwithstanding the damages limitations of Section 11.F., if Grantee's non-compliance with
any provision of the Agreement results In additional cost or monetary loss to DEO or the
State of Florida, DEO can recoup that cost or loss from monies owed to Grantee under this
Agreement or any other Agreement between Grantee and any State entity. In the event
that the discovery of this cost or loss arises when no monies are available under this
Agreement or any other Agreement between Grantee and any State entity, Grantee will
repay such cost or loss in full to DEO within thirty (30) days of the date of notice of the
amount owed, unless the Department agrees, in writing, to an alternative timeframe.
J. Vendor Ombudsman:
A Vendor Ombudsman has been established within the Department of Financial Services. The
duties of this individual include acting as an advocate for vendors who may be experiencing
problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be
contacted at (850) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342-2762.
K. Audits and Reco r ds:
1. Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor
General of the State of Florida, the Florida Office of Program Policy Analysis and
Government Accountability or representatives of the federal government and their duly
authorized representatives shall have access to any of Grantee's books, documents, papers,
and records, including electronic storage media, as they may relate to this Agreement, for
the purposes of conducting audits or examinations or making excerpts or transcriptions.
2. Grantee shall maintain books, records, and documents in accordance with generally
accepted accounting procedures and practices which sufficiently and properly reflect all
expenditures of funds provided by DEO under this Agreement.
3. Grantee will provide a financial and compliance audit to DEO, if applicable, and ensure that
all related party transactions are disclosed to the auditor.
4. Grantee shall retain all Grantee records, financial records, supporting documents, statistical
records, and any other documents (including electronic storage media) pertinent to this
Agreement in accordance with the record retention requirements of Part V of Attachment 2,
Audit Requirements. Grantee shall cooperate with DEO to facilitate the duplication and
transfer of such records or documents upon request of DEO.
5. Grantee shall transfer, at no cost to DEO, all public records upon completion or termination
of this Agreement, and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All electronic records shall be
provided to DEO in a DEO-compatible format.
6. Grantee shall include the aforementioned audit and record keeping requirements in all
approved subrecipient subcontracts and assignments.
7. Within sixty (60) days of the close of Grantee's fiscal year, on an annual basis, Grantee shall
electronically submit a completed Audit Compliance Certification (a version of this
certification is attached hereto as Attachment 3) to audit@deo.myflorida.com . Grantee1 s
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timely submittal of one completed Audit Compliance Certification for each applicable fiscal
year will fulfill this requirement within all agreernents (e.g., contracts, grants,
memorandums of understanding, memorandums of agreement, economic Incentive award
agreements, etc.) between DEO and Grantee.
L. Employment Eligibility Verification
1. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO
contracts in excess of nominal value to expressly require Grantee to:
a. Utilize the U.S. Department of Homeland Security's E-Verlfy system to verify the
employment ellglblllty of all new employees hired by Grantee during the Agreement
term; and,
b. Include in all subcontracts under this Agreement, the requirement that subcontractors
performing work or providing services pursuant to this Agreement utilize the E-Verify
system to verify the employment eligibility of all new employees hired by the
subcontractor during the term of the subcontract.
2. E-Verlfy is an Internet-based system that allows an employer, using information reported on
an employee's Form 1-9, Employment Eligibility Verification, to determine the eligibility of all
new employees hired to work in the United States after the effective date of the required
Memorandum of Understanding (MOU); the responsibilities and elections of federal
contractors, however, may vary, as stated in Article 11.D.1.c. of the MOU. There is no charge
to employers to use E-Verify. The Department of Homeland Security's E-Verify system can
be found at:
http:Uwww.dhs.gov/fi!es/12rogra mslgc 1185221678150.shtm
3. If Grantee does not have an E-Verify MOU in effect, Grantee must enroll in the E-Verify
system prior to hiring any new employee after the effective date of this Agreement.
M. Duty of Continuing Disclosure of Legal Proceedings:
1. Prior to execution of this Agreement, Grantee must disclose all prior or on-going civil or
criminal litigation, investigations, arbitration or administrative proceedings (Proceedings)
involving Grantee (and each subcontractor) in a written statement to DEO's Agreement
Manager. Thereafter, Grantee has a continuing duty to promptly disclose all Proceedings
upon occurrence.
2. This duty of disclosure applies to Grantee's or subcontractor's officers and directors when
any Proceeding relates to the officer or directors business or financial activities. Details of
settlements that are prevented from disclosure by the terms of the settlement may be
annotated as such.
3. Grantee shall promptly notify DEC's Agreement Manager of any Proceeding relating to or
affecting the Grantee's or subcontractor's business. If the existence of such Proceeding
causes the State concern that the Grantee's ability or willingness to perform the Agreement
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is jeopardized, Grantee shall be required to provide DEO's Agreement Manager all
. reasonable assurances requested by DEO to demonstrate that:
a. Grantee will be able to perform the Agreement in accordance with its terms and
conditions; and,
b. Grantee and/or its employees, agents, or subcontractor(s) have not and will not engage
in conduct in performing services for DEO which ls similar in nature to the conduct
alleged In such Proceeding.
N. Assignments and Subcontracts:
1. Grantee agrees to neither assign the responsibility for this Agreement to another party nor
subcontract for any of the work contemplated under this Agreement without prior written
approval of DEO. Any sublicense, assignment, or transfer occurring without the prior
approval of DEO, shall be null and void.
2. Grantee agrees to be responsible for all work performed and all expenses incurred in
fulfilling the obligations of this Agreement. If DEO permits Grantee to subcontract all or part
of the work contemplated under this Agreement, including entering into subcontracts with
vendors for services and commodities, it is understood by Grantee that all such subcontract
arrangements shall be evidenced by a written document subject to prior review and
comment by DEO. Such review of the written subcontract document by DEO will be limited
to a determination of whether or not subcontracting is permissible and the inclusion of
applicable terms and conditions of this Agreement. Grantee further agrees that DEO shall
not be liable to the subcontractor for any expenses or liabilities incurred under the
subcontract and Grantee shall be solely liable to the subcontractor for all expenses and
liabilities incurred under the subcontract. Grantee, at its expense, will defend DEO against
such claims.
3. Grantee agrees that all Grantee employees, subcontractors, or agents performing work
under the Agreement shall be properly trained technicians who meet or exceed any
specified training qualifications. Upon request, Grantee shall furnish a copy of technical
certification or other proof of qualification. All employees, subcontractors, or agents
performing work under the Agreement must comply with all security and administrative
requirements of DEC. DEO may conduct, and Grantee shall cooperate in, a security
background check or otherwise assess any employee, subcontractor, or agent furnished by
Grantee. DEO may refuse access to, or require replacement of, any personnel for cause,
including, but not limited to, technical or training qualifications, quality of work, change In
security status, or non-compliance with DEC's security or other requirements. Such refusal
shall not relieve Grantee of its obligation to perform all work in compliance with the
Agreement. OED may.reject and bar from any facility for cause any of Grantee's employees,
subcontractors, or agents.
4. Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its
rights, duties, or obligations under this Agreement to another governmental agency In the
State of Florida, upon giving prior written notice to Grantee. In the event the State of
Florida approves transfer of Grantee's obligations, Grantee remains responsible for all work
performed and all expenses incurred in connection with the Agreement. In addition, this
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Agreement shall bind the successors, assigns, and legal representatives of Grantee and of
any lega I entity that succeeds to the obligations of the State of Florida.
5. Grantee agrees to make payments to the subcontractor within seven (7) working days after
receipt of full or partial payments from DEO in accordance with section 287.0585, F.S.,
unless otherwise stated in the Agreement between Grantee and subcontractor. Grantee's
failure to pay Its subcontractors within seven (7) working days will result in a penalty
charged against Grantee and paid to the subcontractor Jn the amount of one-half of one (1)
percent of the amount due per day from the expiration of the period allowed herein for
payment. Such penalty shall be in addition to actual payments owed and shall not exceed
fifteen (15) percent of the outstanding balance due.
6. Grantee shall provide a monthly Minority and Service-Disabled Veteran Business Enterprise
Report summarizing the participation of certified and non-certified minority and service-
disabled veteran subcontractors/material suppliers for the current month, and project to
date. The report shall include the names, addresses and dollar amount of each certified and
non-certified Minority Business Enterprise and Service-Disabled Veteran Enterprise
participant and a copy must be forwarded to DEO's Agreement Manager. The Office of
Supplier Diversity at (850) 487-0915 will assist in furnishing names of qualified minorities.
DEO's Minority Coordinator at (850) 245-7260 will assist with questions and answers.
7. DEO shall retain the right to reject any of Grantee's or subcontractor's employees whose
qualifications or performance, in DEO's judgment, are insufficient.
O. Purchasing:
1. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE): In accordance
with section 946.515(6), F. s., if a product or service required for the performance of this
Agreement is certified by or is available from PRIDE and has been approved in accordance
with section 946.515(2), F. S., the following statement applies:
It is expressly understood and agreed that any articles which are the subject of,
or required to carry out, this Agreement shall be purchased from the
corporation identified under chapter 946, F. S., in the same manner and under
the same procedures set forth in section 946.515(2) and (4), F. S.; and for
purposes of this Agreement the person, firm or other business entity carrying
out the provisions of this Agreement shall be deemed to be substituted for this
agency insofar as dealings with such corporation are concerned.
The above clause is not applicable to subcontractors unless otherwise required by law.
Additional information about PRIDE and the ·products it offers is available at
http:J/www.pride-enterprises.org.
2. Products Available from the Blind or Other Handicapped (RESPECT): In accordance with
section 413.036(3), F.S., if a product or service required for the performance of this
Agreement rs on the procurement list established pursuant to section 413.035(2), F.S., the
following statement applies:
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It is expressly understood and agreed that any articles that are the subject of, or
required to carry out, this Agreement shall be purchased from a nonprofit
agency for the blind or for the severely handicapped that is qualified pursuant
to chapter 413, F.S., in the same manner and under the same procedures set
forth in section 413.036(1) and (2), F. S.; and for purposes of this Agreement,
the person, firm or other business entity carrying out the provisions of this
Agreement shall be deemed to be substituted for the state agency insofar as
dealings with such qualified nonprofit agency are concerned.
Additional information about the designated nonprofit agency and the products it offers is
available at http:lfwww.respectofflorida.org.
3. Grantee agrees to procure any recycled products or materials which are the subject of or
are required to carry out this Agreement in accordance with section 403.7065, F.S.
P. MyFloridaMarketPlace Transaction Fee: disbursements of State financial assistance to a
recipient are exempt from this Transaction Fee pursuant to Rule 60A-1.032(1)(i), F.A.C.
Q. Nonexpendable Property:
1. For the requirements of this Section of the Agreement, "nonexpendable property" is the
same as "property" as defined in section 273.02, F.S., (equipment, fixtures, and other
tangible personal property of a non-consumable and nonexpendable nature, with a value or
cost of $1,000 or more, and a normal expected life of one year or more; hardback-covered
bound books that are circulated to students or the general public, with a value or cost of
$25 or more; and hardback-covered bound books, with a value or cost of $250 or more).
2. All nonexpendable property, purchased under this Agreement, shall be listed on the
property records of Grantee. Grantee shall inventory annually and maintain accounting
records for all nonexpendable property purchased and submit an inventory report to DEO
with the final expenditure report. The records shall include, at a minimum, the following
information: property tag identification number, description of the item(s), physical
location, name, make or manufacturer, year, and/or model, manufacturer's serial
number(s), date of acquisition, and the current condition of the item.
3. At no time shall Grantee dispose of nonexpendable property purchased under this
Agreement for these services without the written permission of and in accordance with
instructions from DEO.
4. Immediately upon discovery, Grantee shall notify DE0 1 In writing, of any property loss with
the date and reason(s) for the loss.
5. Grantee shall be responsible for the correct use of all nonexpendable property furnished
under this Agreement.
6. A formal Agreement amendment is required prior to the purchase of any item of
nonexpendable property not specifically listed in the approved Agreement budget.
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7. Title (ownership) to all nonexpendable property acquired with funds from this Agreement
shall be vested in DEO and said property shall be transferred to DEO upon completion or
termination of the Agreement unless otherwise authorized in writing by DEO.
R. Information Resource Acquisition:
Grantee shall obtain prior written approval from the appropriate DEO approving authority
before purchasing any Information Technology Resource (ITR) or conducting any activity that
will impact DEO's electronic information technology equipment or software, as both terms are
defined in DEO Policy Number 5.01, in any way. ITR includes computer hardware, software,
networks, devices, connections, applications, and data.
S. Insurance:
During the Agreement, including the initial Agreement term, renewal(s), and extensions,
Grantee, at its sole expense, shall maintain Insurance coverage of such types and with such
terms and limits as may be reasonably associated with the Agreement. Providing and
maintaining adequate insurance coverage is a material obligation of Grantee, and failure to
maintain such coverage may void the Agreement. The limits of coverage under each policy
maintained by Grantee shall not be Interpreted as limiting Grantee's liability and obligations
under the Agreement. All insurance policies shall be through Insurers licensed and authorized
to write policies in Florida.
Upon execution of this Agreement, Grantee shall provide DEO written verification of the
existence and amount for each type of applicable insurance coverage. Within thirty (30) days of
the effective date of the Agreement, Grantee shall furnish DEO proof of applicable insurance
coverage by standard ACORD form certificates of insurance. In the event that any applicable
coverage is cancelled by the insurer for any reason, Grantee shall immediately notify DEO of
such cancellation and shall obtain adequate replacement coverage conforming to the
requirements herein and provide proof of such replacement coverage within fifteen (15)
business days after the cancellation of coverage.
DEO shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole
responsibility of Grantee providing such insurance. The following types of insurance are
required.
1. Grantee's Commercial General Liability Insurance:
By execution of this Agreement, unless Grantee is a state agency or subdivision as defined
by section 768.28(2), F.S., Grantee shall provide adequate commercial general llabrllty
insurance coverage and hold such liability insurance at all times during this Agreement. A
self-insurance program established and operating under the laws of the State of Florida may
provide such coverage.
2. Workers' Compensation and Employer's Liability Insurance:
Grantee, at all times during the Agreement, at its sole expense, shall provide commercial
insurance of such a type and with such terms and limits as may be reasonably associated
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with the Agreement, which, as a minimum, shall be: workers' compensation and employer's
liability insurance in accordance with chapter 440, F.S., with minimum employer's liability
limits c;>f $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such
policy shall cover all employees engaged in any Agreement work.
3. Other Insurance:
During the Agreement term, Grantee shall maintain any other insurance as required in
Attachment 1, Scope of Work.
T. Confidentiality and Safeguarding Information:
1. Each Party may have access to confidential information made available by the other. The
provisions of the Florida Public Records Act, Chapter 119, F.S., and other applicable state
and federal laws will govern disclosure of any confidential information received by the State
of Florida.
2. Grantee must implement procedures to ensure the protection and confidentiality of all data,
files, and records involved with this Agreement.
3. Except as necessary to fulfill the terms of this Agreement and with the permission of DEO,
Grantee shall not divulge to third parties any confidential information obtained by Grantee
or its agents, distributors, resellers, subcontractors, officers, or employees in the course of
performing Agreement work, including, but not limited to, security procedures, business
operations information, or commercial proprietary information in the possession of the
State or DEO.
4. Grantee agrees not to use or disclose any information concerning a recipient of services
under this Agreement for any purpose not in conformity with state and federal law or
regulations except upon written consent of the recipient, or his responsible parent or
guardian when authorized by law, if applicable.
5. If Grantee has access to either DEC's network or any DEO applications, or both, in order to
fulfill Grantee's obligations under this Agreement, Grantee agrees to abide by all applicable
DEO Information Technology Security procedures and policies. Grantee (including· its
employees, sub-contractors, agents, or any other individuals to whom Grantee exposes
confidential information obtained under this Agreement), shall not store, or allow to be
stored, any confidential information on any portable storage media (e.g., laptops, thumb
drives, hard drives, etc.) or peripheral device with the capacity to hold information. Failure
to strictly comply with this provision shall constitute a breach of Agreement.
6. Grantee shall notify DEO in writing of any disclosure of unsecured confidential information
of DEO by Grantee, its employees, agents, or representatives which is not in compliance
with the terms of this Agreement (of which it becomes aware). Grantee also shall report to
DEO any Security Incidents of which it becomes aware, including those incidents reported to
Grantee by its sub-contractors or agents. For purposes of this Agreement, "Security
Incident" means the attempted. or successful unauthorized access, use, disclosure,
modification, or destruction of DEO information in Grantee's possession or electronic
interference with DEO operations; however, random attempts at access shall not be
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considered a security incident. Grantee shall make a report to DEO not more than seven (7)
business days after Grantee learns of such use or disclosure. Grantee's report shall identify,
to the extent known: (i) the nature of the unauthorized use or disclosure, (ii) the
confidential information used or disclosed, (iii) who made the unauthorized use or received
the unauthorized disclosure, (iv) what Grantee has· done or shall do to mitigate any
deleterious effect of the unauthorized use or disclosure, and (v) what corrective action
Grantee .has taken or shall take to prevent future similar unauthorized use or disclosure.
Grantee shall provide such other information, including a written report, as reasonably
requested by DEO's Information Security Manager.
7. In the event of a breach of security concerning confidential personal information involved
with this Agreement, Grantee shall comply with section 501.171, F.S., as applicable. When
notification to affected persons is required under this section of the statute, Grantee shall
provide that notification, but only after receipt of DEO's approval of the contents of the
notice. Defined statutorily, and for purposes of this Agreement, "breach of security" or
"breach" means the unauthorized access of data in electronic form containing personal
data. Good faith acquisition of personal information by an employee or agent of the
Grantee is not a breach, provided the information Is not used for a purpose unrelated to the
Grantee's obligations under this Agreement or is not subject to further unauthorized use.
U. Warranty of Ability to Perform:
Grantee warrants that, to the best of its knowledge, there is no pending or threatened action,
proceeding, or investigation, or any other legal or financial condition, that would in any way
prohibit, restrain, or diminish Grantee's ability to satisfy its Agreement obligations. Grantee
warrants that neither it nor any affiliate is currently on the convicted vendor list maintained
pursuant to section 287.133, F.S., or on any similar list maintained by any other state or the
federal government. Grantee shall immediately notify DEO in writing if its ability to perform is
compromised in any manner during the term of the Agreement.
V. Patents, Copyrights, and Royalties:
1. Pursuant to section 286.021, F.S., if any discovery or invention arises or is developed In the
course or as a result of work or services performed with funds from this Agreement,
Grantee shall refer the discovery or Invention to DEO who will refer it to the Department of
State to determine whether patent protection will be sought in the name of the State of
Florida. Any and all patent rights accruing under or in connection with the performance of
the Agreement are hereby reserved to the State of Florida. The rights to any invention
resulting from this Agreement that Is for the performance of experimental, developmental,
or research work are governed by 37 CFR Part 401 and any of its implementing regulations
as applicable. AU data, both electronic and hard copies, created or received by Grantee
during the Agreement are the property of DEO and must be surrendered to DEO upon
expiration, termination, or cancellation of this Agreement at no cost to DEO.
2. Where activities supported by this Agreement produce original writings, sound recordings,
pictorial reproductions, drawings or other graphic representations and works of any similar
nature, DEO has the right to use, duplicate, and disclose such materials in whole or in part,
in any manner, for any purpose whatsoever and to allow others acting on behalf of DEO to
do so. In the event that any books, manuals, films, websites, web elements, electronic
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information, or other copyrightable materials are produced Grantee shall notify DEO. Any
and all copyrights accruing under or in connection with the performance funded by this
Agreement are hereby reserved to the State of Florida.
3. In accordance with the provisions of section 1004.23, F.S., a State University is authorized in
its own name to perform all things necessary to secure letters of patent, copyrights, and
trademarks on any works it produces. Any action taken by the university in securing or
exploiting such trademarks, copyrights, or patents shall, within thirty (30) days, be reported
in writing by the president of the university to the Department of State in accordance with
section 1004.23(6), F.S.
W. Independent Contractor Status:
In Grantee's performance of its duties and responsibilities under this Agreement, it is mutually
understood and agreed that Grantee Is at all times acting and performing as an independent
Contractor. DEO shall neither have nor exercise any control or direction over the methods by
which .Grantee shall perform its work and functions other than as provided herein. Nothing in
this Agreement is intended to or shall be deemed to constitute a partnership or joint venture
between the Parties.
1. Except where Grantee is a state agency, Grantee, its officers, agents, employees,
subcontractors, or assignees, in performance of this Agreement shall act in the capacity of
an independent Contractor and not as an officer, employee, or agent of the State of Florida.
Nor shall Grantee represent to others that, as Grantee, it has the authority to bind DEO
unless specifically authorized to do so.
2. Except where Grantee is a state agency, neither Grantee, nor its officers, agents, employees,
subcontractors, or assignees are entitled to state retirement or state leave benefits, or to
any other compensation of state employment as a result of performing the duties and
obligations of this Agreement.
3. Grantee agrees to take such actions as .may be necessary to ensure that each subcontractor
will be deemed to be an independent Grantee and will not be considered or permitted to be
an agent, servant, joint venturer, or partner of the State of Florida.
4. Unless justified by Grantee, and agreed to by DEO in Attachment 1, Scope of Work, DEO will
not furnish services of support (e.g., office space, office supplies, telephone service,
secretarial, or clerical support) to Grantee or its subcontractor or assignee.
5. DEO shall not be responsible for withholding taxes with respect to Grantee's compensation
hereunder. Grantee shall have no claim against DEO for vacation pay, sick leave, retirement
benefits, social security, workers' compensation, health or disability benefits, reemployment
assistance benefits, or employee benefits of any kind. Grantee shall ensure that its
employees, subcontractors, and other agents, receive benefits and necessary Insurance
(health, workers' compensation, reemployment assistance benefits) from an employer other
than the State of Florida.
6. Grantee, at al1 times during the Agreement, . must comply with the reporting and
Reemployment Assistance contribution payment requirements of chapter 443, F.S.
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X. Electronic Funds Transfer:
Grantee agrees to enroll in Electronic Funds Transfer (EFn offered by the State's Chief Financial
Officer within thirty (30) days of the date the last Party has signed this Agreement. Copies of the
Authorization form and a sample blank enrollment letter can be found on the vendor instruction
page at: ·
http://www.fldfs.com/aadir/direct deposit webNendors.htm
Questions should be directed to the EFT Section at (850) 413-5517. Once enrolled, invoice
payments will be made by EFT.
II. GRANTEE AND DEO AGREE:
A. Renegotiation or Modification:
The Parties agree to renegotiate this Agreement if federal and/or state revisions of any
applicable laws or regulations make changes to this Agreement necessary. In addition to
changes necessitated by law, DEO may at any time, with written notice to Grantee, make
changes within the general scope of this Agreement. Such changes may include modification of
the requirements, changes to processing procedures, or other changes as decided by DEO. Any
investigation necessary to determine the impact of the change shall be the responsibility of
Grantee. Modifications of provisions of this Agreement shall only be valid when they have been
reduced to writing and duly signed and dated by all Parties.
B. Time is of the Essence:
Time is of the essence regarding the performance obligations set forth in this Agreement. Any
additional deadiines for performance for Grantee's obligation to timely provide deliverables
under this Agreement including but not limited to timely submittal of reports, are contained in
Attachment 1, Scope of Work.
C. Termination:
1. Termination Due to the Lack of Funds:
In the event funds to finance this Agreement become unavailable or if federal or state funds
upon which this Agreement is dependent are withdrawn or redirected, DEO may terminate
this Agreement upon no less than twenty-four (24) hour notice in writing to Grantee. Said
notice shall be delivered by certified mail, return receipt requested or in person with proof
of delivery. DEO shall be the final authority as to the availability of funds and will not
reallocate funds earmarked for this Agreement to another program thus causing "lack of
funds." In the event of termination of this Agreement under this provision, Grantee will be
compensated for any work satisfactorily completed prior to notification of termination.
2. Termination for Cause:
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DEO may terminate the Agreement if Grantee fails to: (1) deliver the services within the
time specified in the Agreement or any extension; (2) maintain adequate progress, thus
endangering performance of the Agreement; {3) honor any term of the Agreement; or (4)
abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3}, F.A.C.,
governs the procedure and consequences of default. Grantee shall continue to perform any
work not terminated. The rights and remedies of DEO in this clause are in addition to any
other rights and remedies provided by law or under the Agreement. Grantee shall not be
entitled to recover any cancellation charges or lost profits.
3. Termination for Convenience:
DEO, by written notice to Grantee, may terminate this Agreement in whole or in part when
DEO determines in its sole discretion that it is in the State 1 s interest to do so. Grantee shall
not furnish any product after it receives the notice of termination, except as necessary to
complete the continued portion of the Agreement, If any. Grantee shall not be entitled to
recover any cancellation charges or lost profits.
D. Dispute Resolution:
Unless otherwise stated in Attachment 1, Scope of Work, disputes concerning the performance
of the Agreement shall be decided by DEO, who shall reduce the decision to writing and serve a
copy on Grantee. The decision shall be final and conclusive unless within twenty-one (21) days
from the date of receipt, Grantee files with DEO a petition for administrative hearing. DEO's
decision on the petition shall be final, subject to Grantee's right to review pursuant to chapter
120, F.S. Exhaustion of administrative remedies is an absolute condition precedent to Grantee's
ability to pursue any other form of dispute resolution; provided however, that the Parties may
employ the alternative dispute resolution procedures outlined in chapter 120, F.S.
E. Indemnification (NOTE: If Grantee is a state agency or subdivision, as defined in section
768.28(2), F.S., pursuant to section 768.28(19), F.S., neither Party Indemnifies nor insures the
other Party for the other Party's negligence): ·
1. Grantee shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and DEO, and
their officers, agents, and employees, from suits, actions, damages, and costs of every name
and description, including attorneys' fees, arising from or relating to personal injury and
damage to real or personal tangible property alleged to be caused in whole or in part by
Grantee, its agents, employees, partners, or subcontractors, provided, however, that
Grantee shall not indemnify for that portion of any loss or damages proximately caused by
the negligent act or omission of the State or DEO.
2. Further, Grantee shall fully indemnify, defend, and hold harmless the State and DEO from
any suits, actions, damages, and costs of every name and description, including attorneys'
fees, arising from or relating to violation or infringement of a trademark, copyright, patent,
trade secret o.r intellectual property right, provided, however, that the foregoing obligation
shall not apply to DEO's misuse or modification of Grantee's products cir DEO's operation or
use of Grantee's products in a manner not contemplated by the Agreement or the purchase
order. If any product is the subject of an Infringement suit, or in Grantee's opinion Is likely
to become the subject of such a suit, Grantee may at its sole expense procure for DEO the
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right to continue using the product or to modify it to become non-infringing. If Grantee is
not reasonably able to modify or otherwise secure DEO the right to continue using the
product, Grantee shall remove the product and refund DEO the amounts paid in excess of a
reasonable rental for past use. DEO shall not be liable for any royalties.
3. Grantee's obligations under the preceding two paragraphs with respect to any legal action
are contingent upon the State or DEO giving Grantee (1) written notice of any action or
threatened action, (2) the opportunity to take over and settle or defend any such action at
Grantee's sole expense, and (3) assistance in defending the action at Grantee's sole
expense. Grantee shall not be liable for any cost, expense, or compromise incurred or made
by the State or DEO in any legal action without Grantee's prior written consent, which shall
not be unreasonably withheld.
F. Limitation of Liability:
For all claims against Grantee under this ~reement, and regardless of the basis on which the
claim is made, Grantee's liability under this Agreement for djrect damages shall be limited to the
greater of $100,000 or the dollar amount of this Agreement. This limitation shall not apply to
claims arising under the Indemnity paragraphs contained in this Agreement.
Unless otherwise specifically enumerated in the Agreement or in the purchase order, no Party
shall be liable to another for special, indirect, punitive, or consequential damages, including lost
data or records (unless the Agreement or purchase order requires Grantee to back-up data or
records), even if the Party has been advised that such damages are possible. No Party shall be
liable for lost profits, lost revenue, or lost institutional operating savings. The State and DEO
may, in addition to other remedies available to them at law or equity and upon notice to
Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any
claim for damages, penalties, costs and the like asserted by or against them. The State may set
off any liability or other obligation of Grantee or its affiliates to the State against any payments
due Grantee under any Agreement with the State.
G. Force Majeure and Notice of Delay from Fon::e Majeum:
Neither Party shall be liable to the other for any delay or failure to perform under this
Agreement if such delay or failure is neither the fault nor the negligence of the Party or its
employees or agents and the delay is due directly to acts of God, wars, acts of public enemies,
strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the
foregoing that affects subcontractors or suppliers if no alternate source of supply is available.
However, in the event of delay from the foregoing causes, the Party shall take all reasonable
measures to mitigate any and all resulting delay or disruption in the Party's performance
obligation under this Agreement. If the delay is excusable under this paragraph, the delay will
not result in any additional charge or cost under the Agreement to either Party. In the case of
any delay Grantee believes is excusable under this paragraph, Grantee shall notify DEO in
writing of the delay or potential delay and describe the cause of the delay either: (1) within ten
(10) calendar days after the cause that creates or will create the delay first arose, if Grantee
could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days
after the date Grantee first had reason to believe that a delay could result, if the delay is not
reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR
EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a
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condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is
excusable under this paragraph and will notify Grantee of its decision in writing. No claim for
damages, other than for an extension of time, shall be asserted against DEO. Grantee shall not
be entitled to an increase in the Agreement price or payment of any kind from DEO for direct,
indirect, consequential, impact, or other costs, expenses or damages, including but not limited
to costs of acceleration or inefficiency arising because of delay, disruption, interference, or
hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in
part, due to any of the causes described in this paragraph, after the causes have ceased to exist,
Grantee shall perform at no increased cost, unless DEO determines, in its sole discretion, that
the delay will significantly impair the value of the Agreement to DEO or the State, in which case,
DEO may do any or all of the following: (1) accept allocated performance or deliveries from
Grantee, provided that Grantee grants preferential treatment to DEO with respect to products
or services subjected to allocation; (2) purchase from other sources (without recourse to and by
Grantee for the related costs and expenses) to replace all or part of the products or services that
are the subject of the delay, which purchases may be deducted from the Agreement quantity; or
(3) terminate the Agreement in whole or in part.
H. Severability:
If any provision, in whole or in part, of this Agreement is held to be void or unenforceable by a
court of competent jurisdiction, that provision shall be enforced only to the extent that it is not
in violation of law or is not otherwise unenforceable, and all other provisions remain in full force
and effect.
I. Authority of Grantee's Signatory:
Upon execution, Grantee shall return the executed copies of this Agreement in accordance with
the instructions provided by DEO along with documentation ensuring that the below signatory
has authority to bind Grantee to this Agreement as of the date of execution. Documentation
may be in the form of a legal opinion from the Grantee's attorney, or other reliable
documentation demonstrating such authority, and is hereby Incorporated by reference. DEO
may, at Its discretion, request additional documentation related to the below signatory's
authority to bind Grantee to this Agreement.
J. Execution in Counterparts:
This Agreement may be executed in counterparts, each of which shall be an original and all of
which shall constitute but one and the same instrument.
K. Contact Information for Grantee and DEO Contacts:" rY
~ .. ,~ e:;oJJ \ ()..)-/"
Grantee's Payee: ~ 11.0 Grantee's Agreement Manager:
Board of County Commissioners of Collier County Bruce Register
3299 Tamiami Trail East~ ~11 '"4--~ 2660 N. Horseshoe Dr., Suite 105
Naples, Florida 34112-5149 Naples, Florida 34104
239-252.-8358 239-252-8358
239-252-6550 239-252-6550
;:;;J) B1'tlceRegiste1 @Colliet 60 v .net Bruce Register@CollierGov.net
~OfAL.\ !\-e..V-t:-l"l.v..<-@6>l\ 'i e.rC\-e.~ .C..t>W'\ 20
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~ cJ}J o-;
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Packet Pg. 1494 Attachment: DEO Agreement SL007 original 11.25.14 fully executed (4800 : Amendment to State agreement)
DEO's Agreement Manager:
Elizabeth E. Walker
-· ·--------
107 East Madison Street
Tallahassee, Florida, 32301
850-717-8980
850-414-1734
~~~~~--~~~~--
E Ii z abet h. Wal~~!@deo.myflo rid a .com
In the event that any Party designates a different Agreement Manager after the execution of
this Agreement, the Party will provide written notice of the name, address, zip code, telephone
and fax numbers, and email address of the newest Agreement Manager to an other Parties. A
designation of a new Agreement Manager shall not require a formal amendment to the
Agreement.
L. Execution:
I have read the above Agreement and the attachments and exhibits thereto and understand
each section and paragraph.
IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the
attachments hereto, the Parties have caused to be executed this 45 page Agreement by their
undersigned officials duly authorized.
By
Title
Date
Tom Henni.ng
Chairman, Board of County
Commissioners
DEPARTMENT OF ECONOMIC OPPORTUNITY
By tlf4i;~
CJ...evi ~fl~ -
Jesse Panuccio
Title Executive Director
CJ. , U o I >fz...ti-
Date
Approved As to Form and Legal Sufficiency, Subject Only
To Full and Proper Execution by the Parties
OFFICE OF GENERAL COUNSEL
DEPARTMENT OF ECONOMIC OPPORTUNITY
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Attachment 1
SCOPE OF WORK
Collier County Soft Landing Accelerator
1. Project Description: This project is for the establishment of a soft-landing Accelerator Network
(initially consisting of two Collier County Accelerators one located in Western Collier County that
will provide expertise to assist burgeoning international and domestic businesses with
budgeting, business plan development, formulation of marketing plans and strategies, venture
funding, and distribution logistics; and an agribusiness focused culinary food accelerator located
in Eastern Collier County equipped with commercial kitchen equipment, food product
development and testing equipment, cold food storage, and loading docks, meeting all FDA,
USDA and state applicable requirements). The Accelerator Network will also provide accelerator
services to any facility in the Southwest Florida Regional Five County (Collier, Lee, Charlotte,
Glades, Hendry) area, where a contract or memorandum of understanding (MOU) for
incubator/accelerator services has been executed, constituting Network Managed Activity. The
purpose of this project is to: recruit companies into Florida that create high value employment
opportunities; attract foreign direct investment; improve export opportunities for Florida
Companies; and build new futures for citizens who desire to stay in the region and build their
own businesses. In order to establish these two accelerators, the State appropriation will be
used for specialized start-up staffing; and for the leasing and improvements of the two facilities
that will house the accelerators. The leased space for the soft-landing accelerator for foreign
business start-up is anticipated to be 4,000 -6,000 square feet and requires the purchase and
installation of enterprise software, hardware, licenses, IT networking equipment, Global
conferencing equipment and furnishings. The leased space for the culinary food accelerator is
anticipated to be approximately 5,000-6,000 square feet, and requires remodeling, commercial
equipment, cold food storage, fire safety, air filtration, air conditioning, code approval and
furnishings. Collier County Soft Landing Accelerator funding provided by the State of Florida,
Department of Economic Opportunity {"DEO") will be utilized for operating salaries, payroll
taxes, benefits, and other payroll related costs, facility leases, insurance, maintenance and
repair, utilities, computers, servers, other computer and telecommunication equipment,
printers, copiers, scanners, software, conference equipment, IT/Web/Communication costs and
services, travel, conferences, dues, subscriptions, staff development (not certifications), bank
charges, background checks,· drug screening, safety inspections, operating licenses and permits,
office supplies, shipping, printing, publishing, professional fees and expenses (legal, accounting,
auditing, mentoring, and marketing), planning, design, engineering, multi-functional office
furniture and fixtures, modular work and quiet areas, food product development and testing
equipment, culinary and related equipment, fixtures, systems and installation, other equipment
as needed and leasehold improvements, other reasonable operating costs required for program
implementation and operations. Collier County intends for this project to create a financially
self-sustaining program.
This project is funded through:
Line Item # 2256A
SEED
Collier County Soft Landing Accelerator
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2. Grantee Responsibilities: Grantee will ensure the lease of two facilities where the accelerators
will be located, and will provide $241,000 toward the costs of the start-up activities through
September 2015. Grantee will send updated status reports with payment requests based on
documentation supporting the need for an advance and subsequently documented soft and
hard openings of the two facilities (including payroll, leasing, purchasing engineering services,
permits and construction) that has occurred between July 1, 2014 and September 30, 2015, as
further described herein.
Grantee will:
a. Be the Fiscal Agent for this Project but intends to subcontract with Economic Incubators,
Inc., to serve as the Project's Administrative Entity. Grantee represents that its
contractor has or will be selected in accordance with Florida law. Grantee further
represents that the services of its contractor are essential to the project, and are only
available if advance payment is made to the contractor. DEO does not prohibit
advancement of funds by Grantee to Grantee's contractor under those conditions.
1. Costs not allowed under this agreement include but are not limited to
any administrative fee for Economic Incubators, Inc.
2. Grantee may temporarily invest advanced funds, but any interest
income earned on such funds shall either be returned to DEO or applied
against DEO's obligation to pay under this Agreement.
b. Implement all construction plans described in this agreement and provide
documentation specifying the remodeling/retrofitting, permitting and fees required for
each location selected and a list of the necessary IT, office/culinary equipment and
furniture for each location, as detailed in each Deliverable in Section 4. Grantee must
submit a cost analysis and supporting documentation evidencing to DEO's satisfaction
that any proposed leasehold improvements are allowable, reasonable, and necessary,
prior to beginning work on such leasehold improvements or requesting any payment for
such leasehold improvements.
c. Recruit and hire staff for functions aligned with Accelerator position descriptions which
identify the unique characteristic and requirements of staff positions, as detailed in each
Deliverable In Section 4. Anticipated are an Executive Director who will oversee both
locations, a Regional Global Soft·Landing Specialist, who will serve both locations, a Web
Developer/Social Media Marketing, who will serve both locations, a Director for
lmmokalee & Facility Compliance, a Maintenance & Equipment Specialist, a Naples
Administrative Manager, and interns.
d. Ensure an effective advertising campaign, which relies on search engine optimization,
internet search analytics, print, and public relations components.
e. Provide invoice packages that Include a cover letter signed by Bruce Register, Grantee
Representative, certifying that the costs being claimed for the project:
I. Are specifically for this project.
ii. Are for one or more of the tasks detailed in the Section 4 Deliverables. In
addition, the final invoice package shall include documentation that the costs
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claimed were incurred and paid between July 1, 2014 and June 30, 2015, or
were partially incurred from July 1, 2015 to September 30, 2015, and progress
had begun on such costs by June 30, 2015, and identify any funds the Grantee
has which are unencumbered or unobligated and need to be returned to the
state. Documentation of payment shall include:
1. Copies of the cancelled checks specific to the project, or copies of
checks and the corresponding bank statements;
2. The projected vs. actual budget spreadsheet;
3. Before and after photographs of the work site;
4. A final itemized invoice for any costs still outstanding that are above the
amount of funds already provided to the Grantee.
f. The Grantee will submit quarterly and annual reports for each of the five (5) years
following the execution of the agreement, in determination of progress. toward
deliverables regarding compliance with the terms of this Agreement. Such reports will
provide updates on:
i. the number and types of companies recruited to Florida that have created high
value employment opportunities;
ii. the amount of foreign direct Investment generated by the project;
iii. the amount and types of export opportunities realized by Florida Companies;
and
iv. the number of entrepreneurs that stay in the region and build their own
businesses as a direct result of accelerator activities.
v. progress made towards completion of the return of benefits described in Exhibit
A to this Scope of Work.
g. The Grantee understands and agrees that it will be required to return to the State of
Florida all funds received pursuant to this agreement, less any financial consequences
imposed, if the project does not result in a positive return of benefits to the people of
Florida (See Exhibit A to this Scope of Work). Criteria for determining a Positive Return
of Benefits on State Funds:
i. Creation of 208 "Job Year Equivalents" as measured by one year of full time
employment for one job, eligibility defined as accelerator staff, accelerator
tenant employees or documented graduates of the Accelerator Network,
employment in Florida. See attached Exhibit B -Positive Return of Benefits on
State Funds, which constitutes an IMPLAN projection of taxes for five years.
Certification in the form of a written representation and warranty, signed by an
officer of the Collier County Soft Landing Ac ce I er a tor and Accelerator
Affiliated Entity {which is a tenant or graduate or spinoff of the Accelerator
Network or any Network Managed Activity*) which identifies the number of
jobs and corresponding "Job Year Equivalents" represented on any of the
following: Florida UCT 6 Form, IRS Form 1099, IRS Schedule K-1{Form11205 or
Form 1065). The certification may also identify Florida based jobs arising from
joint venture partners or participants of the Accelerator Affiliated Entity (which
is a tenant or graduate or spinoff of the Accelerator Network or any Network
Managed Activity*); OR
ii. Demonstration of $12,500,000 of cumulative private sector capital expenditures
or venture investment resulting from an Accelerator affiliated entity (which is a
tenant or graduate or spinoff of the Accelerator Network). A purchase qualifies
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as a capital expenditure if It has all of the following: a) the Accelerator Affiliate
(which is a tenant or graduate or spinoff of Accelerator Network or any Network
Managed Activity*) owns or controls the asset which has a measurable future
economic value, b) has an estimated useful life of greater than a minimum of 12
months, c) the item is not used for the resale directly to Accelerator Affiliated
Entity's customers, and d) the Item is not purchased for inventory to be used in
production of the Accelerator Affiliated Entity's products. A capital expenditure
is considered an asset of the Accelerator Affiliated Entity (which is a tenant or
graduate or spinoff of the Accelerator Network or any Network Managed
Activity*) and it is, therefore, capitalized in the financial records. The following
may be submitted as documentation to support capital expenditures: Internal
Revenue Service (IRS) Form 4562; and/or Certification in the form of a written
representation and warranty, signed by an officer of the Accelerator Affiliated
Entity, identifying and verifying the capitalized expenditures showing up on their
balance sheet.
*Network Managed Activity means that the Accelerator Network will also provide accelerator
services to any facility in the SWFL Regional Fiye County (Collier, Lee, Charlotte, Glades, Hendry)
area, where a contract or memorandum of understanding (MOU) for incubator/accelerator
services has been executed, constituting Network Managed Activity.
3. DEO's Responsibilities:
a) Monitor the ongoing activities of the Collier County Soft Landing Accelerator Program
via phone calls, quarterly desk reviews of the documentation submitted for payment
requests, and site visits as needed.
b) Perform contract management responsibilities pursuant to the Agreement.
c) Review the Grantee's invoices described herein, and process them on a timely basis.
d) Maintain paper or electronic copies of all documents submitted pursuant to sections 4
and 5 to the extent required by law.
e) Reply to reasonable inquiries from the County.
f) Following the initial advance payment of $495,000.00 for Operations and facilities
retrofitting and commencement, DEO will only submit the quarterly fixed-price payment
requests upon satisfactory documentation of completion of the deliverables described
belowin#4.
Remainder of page intentionally left blank.
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4. Deliverables: Grantee agrees to provide the following services as specified in Deliverables 1-5:
Deliverable 1 -Advance Payment Request (see Exhibit 3 to the Scope of Work): Due Date within 24 hours of Execution
of the Agreement.
Minimum Performance Standards
Advance Payment Request In addition to the Minimum Level of Financial Consequences
Request for advance payment to begin
Performance outlined in 5.A., Grantee will
submit the below documentation as
implementation of the work plan. confirmation that Deliverable 1 is
Anticipated first 90 days cash complete within 24 hours following DEO's I
requirements, $495,000.00 in start-up execution of the agreement. I
expenditures. Advance is for At a minimum the following must be I implementation of the Business Plan for completed and backup documentation
Collier County Innovation Accelerators, submitted in order to evidence I
as approved by the Collier County satisfaction of the deliverable. I Board of County Commissioners on May
13, 2014.
Work Plan: Begin site selection process Submittal of Invoice for Advance Funding In addition to Grantee returning
for West and East Accelerator space. to begin implementation of Work Plan, any unobligated funds from the
Review opportunities that will enhance detailed In the adjacent column. I advance with the final invoice,
program success. Negotiation of leases, 1 failure to meet specified time
remodeling plan approval and review of criteria results in a fifty dollar
necessary state and local approvals and I ($50.00) per day financial
permits. consequence to Grantee.
Creation of Accelerator position
descriptions which Identify the unique
characteristics and requirements of
staff positions.
I
The consultant for the initial pilot will
create participation documents and
meet with potential clients to present
the Application for Accelerator
Participation, the standards for
participation in the Accelerator, the
Accelerator Participation Agreement,
which memorializes relationships In a
I contractual relationship. An application
review and approval committee will be
established. The consultant will i
perform web development, and Initiate I
I
marketing and fund-raising. Grantee
I will negotiate and contract with an
Administrative Entity; Administrative
Entity will begin procurement process
for operations. :
Total $495,000
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Deliverable 2-Due Date as of JeAY9fY 15, 291S
Tasks Minimum Pert:ormance Standards
1. Site selection for West and
East Colli~ County Accelerator
space, review and approval.
2. Western Collier County
Accelerator
procurement of
furnishings, equipment, and
leasehold improvements.
Grantee must submit a cost
analysis and supporting
documentation evidencing to
DEO's satisfaction that any
proposed leasehold
improvements are allowable,
reasonable, and necessary,
prior to beginning work on
such leasehold improvements
or requesting any payment for
this Deliverable 2.
3. Eastern Collier County
Accelerator (lmmokalee)
procurement of design
In addition to the Minimum Level of
Performance outlined in 5.B., Grantee will
submit the below documentation as
confirmation that the corresponding
livera I l is complete on or before
,~015. Incomplete Tasks are
subject to the Financial Consequence{s}
defined for Deliverable 2.
1. Eastern & Western Collier
County Accelerator leases and/or
site plans.
2. Contract or purchase order for
furnishings, equipment, and
leasehold improvements of
Western Collier County
Accelerators.
contractor: furnishings, ~,.\\.\
equipment, and leasehold \ ..,v .. •
3. Contract or purchase order for
design servicesi furnishings,
equipment, leasehold
improvements, and design plan.
improvements. ~: ~ ·
Grantee must submit a cost o-Y'
analysis and supporting
documentation evidencing to
DEO's satisfaction that any
proposed leasehold
improvements are allowable,
reasonable, and necessary.
prior to beginning work on
such leasehold improvements
or requesting payment for this
Deliverable 2.
27
Financial Consequences
c,,cY
11-01'~,<Y
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4. Western Collier County 4. Public notices, press releases, and I Accelerator (Naples) documentation of leasehold
pilot. interest.
5. Western Collier County 5. Successful Recruitment of
A c c e 1 e r at or staff Administration Entity and hiring
acquisition of Director, of Director and Administrative
Administrative Assistant, and Assistant (2 FTEs; plus 1 Part-
intern (2 FTE and 1 Part-time time Intern), as indicated by
Intern). accepted letter of offer from
supervisor or time sheets signed
by the supervisor.
6. Western Collier County 7. Statements, participant Use I
Accelerator pilot launch and Agreements, public notices and
Accelerator services press release documenting the
operational. soft-opening at transitional site of
the Western Collier County
Accelerator. Statements, orders or
invoices documenting
procurement for Accelerator
services.
7. Review and selection of 7. Approved Administrative Entity
Administrative Entity and Agreement.
approval of contract.
Total $495~000
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Deliverable 3 -Due ~ate as of-Ap;tl-15, ZOlS --
Tasks Minimum Performance Standards Financial Consequences
In addition to the Minimum Level of
,j ...Performance outlined in 5.C., Grantee will ~ @?o~,\~ °"'&-submit the below documentation as
' confirmation that the corresponding , .... o ~ o-:
} DeliveraV, complete on or before \ 9 ~
.15, . Incomplete Tasks are
rJ._;
subject to the Financial Consequence(s) ~'
defined for Deliverable 3. ~
8. Western Collier County 8. Public notices, marketing, and Failure t~plete and submit all
Accelerator Construction and press release materials Tasks by 15, as evidenced by
Grand Opening. documenting the Grand Opening the absence of any of the Minimum
of the Western Collier County Performance Standard
Accelerator. documentation shown for Tasks 8 -
12, will result in a fifty dollar
($50.00) per day financial
9. Completion of Permit Ready 9. Statement or invoice for Permit consequence, which shall be
deducted from the Fixed Price Construction Drawings for Ready Construction Drawings for payment for Deliverable 3. Eastern Collier County Eastern Collier County
Accelerator. Accelerator and copies or
electronic files of those
documents.
10. Malntaln existing staff (2 FTE 10. Maintain existing Staff Positions
and 1 Part-time Intern). as evidenced by submitted
timesheets signed by supervisor
identifying costs directly
attributable to the project.
11. Hire Web Design Developer & 11. Hiring of Web Design Developer
Social Media Marketing (1 & Social Media Marketer
FTE). evidenced by letter of offer from
supervisor or signed time sheets.
(1 FTE)
12. Hire Director, Regiona l Global 12. Hiring of Director, Regional
Soft landing Specialist (1 FTE}. Global Soft Landing Specialist,
evidenced by letter of offer from
supervisor or signed time sheets.
(1 FTE)
Total $585,000
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Delivera_~!.e 4 Deliverables-Due Date as of~lS, 2015
Tasks Minimum Performance Standards and Due
Date.
Financial Consequences
13. Eastern Collier County
Accelerator Ground Breaking, tit~ prt>C.t.\.t"o(.MU4' uf
~1\\5¥\\~S~d ~~4
In addition to the Minimum Level of
Performance outlined in S.D., Grantee will
submit the below documentation as
confirmation that the corresponding ~v.s
Dell"/J.le 4 is complete on or before Jttty-
15, . Incomplete Tasks are subject to the
Financial Consequence(s) defined for
Deliverable 4.
13. Public notices and press release Fa ilure to completA and ,+
documenting the Ground Breaking of submit all Tasks by ~"is, as
the Eastern Collier County evidenced by the absence of
Accelerator. Cc«\v-~ t:< \ any of the Minimum
Or~ .fo'(' ~.-v\\s\'\~Y\S'S> O.l\a. Performance Standard ~~\ fHV\~T. ~' · documentation shown for
i----------------"---+-----------------Tasks 13 -18, will result in a 14 . Obtain Building Permit and Building Permit and construction
construction contract(s) for contract for Eastern Collier County fifty dollar ($SO.OO) per day
E c Ill c t Accelerator. financial consequence, which
astern ° er oun Y shall be deducted from the
Accelerator
15. Recruit 1 part-time Eastern
Collier County Accelerator
Intern.
16. Hire Eastern Collier County
Accelerator Director of
Facilities & Compliance. (1 FTE) ·
17. Hire Eastern Collier County
Accelerator Maintenance
Specialist. {l FTE)
18. Maintain existing staff (4 FTE
and 1 Part-time Intern).
15. Recruitment of 1 part-time Eastern
Collier County Accelerator intern as
evidenced by letter of offer from
supervisor or signed time sheets.
16. Hiring of Eastern Collier County
Accelerator Director of Facilities &
Compliance as evidenced by letter of
offer from supervisor or signed time
sheets. (1 FTE}
17. Hiring of Eastern Collier County
Accelerator Maintenance Specialist
as evidenced by letter of offer from
supervisor or signed time sheets. (1
FTE)
18. Maintain existing Staff Positions as
evidenced by submitted timesheets
signed by supervisor identifying
costs directly attributable to the
project. (4 FTE and 1 Part-time
Intern).
Total
30
Fixed Price payment for
Deliverable 4.
$760,000
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Packet Pg. 1504 Attachment: DEO Agreement SL007 original 11.25.14 fully executed (4800 : Amendment to State agreement)
Deliverable 5 -Due Date no later than September 30, 2015 with all invoices submitted no later than September, 15,
2015.
Tasks Minimum Performance Standards Financial Consequences
In addition to the Minimum Level of
Performance outlined in 5.E., Grantee wlll
submit the below documentation as
confirmation that Deliverable s is complete
no later than September 30, 2015, with all
.Invoices submitted on or before September
15, 2015.
19. Site Preparation, 19. Certificate of occupancy, public Subject to the discretion of
Construction and, Grand-notices and press release DEO, in the event
Opening of Eastern Collier documenting the Grand Opening of consideration of Grantee's
County Accelerator. the Eastern Collier Cotinty explanation for any failure to
(Immokalee) Accelerator. meet specified time criteria
be unaccepted, the failure
shall result in a $5,000
20. Maintain existing staff (6 FTE 20. Employee hire data including signed financial consequence per
and 2 Part-time Intern). time sheets. (6 FTE and 2 Part-time task.
Intern).
·-.... ~.~ ... . --~
Total $165,000
......... -m
5. Invoice Submittal and Payment Schedule:
DEO agrees to disburse funds under this Agreement in accordance with the following schedule
in the amount identified per deliverable in Section·4 above. The deliverable amount specified
does not establish the value of the deliverable. In accordance with Section l.F.11, Funding
Requirements of section 215.971, F.S., of this Agreement, Grantee's entitlement to retain funds
paid by DEO is dependent upon the amount of allowable costs incurred and expended by
Grantee in carrying out the Project.
Grantee shall provide up to one {1) invoice per month, In addition to the invoice for advance
funding, for all services rendered during the applicable period of time. All invoices shall denote
the cost being claimed and the time period for which those costs are being claimed. The invoice
for Quarter 1 shall include a summary of what the Advance Funding is being requested for, and
the invoices for quarters 2 - 5 shall include a summary of the accomplishments for the
deliverables claimed on that invoice. However, the final invoice for payment must be received
by DEO by September 15, 2015.
The following documents shall be submitted with the invoice:
A. Deliverable 1: Minimum Level of Performance
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I. A cover letter signed by Collier County Project Representative Bruce Register certifying
that the Advance Funding is specifically to implement the Collier County Accelerator
Business Plan (as explained in the Work Plan Deliverable under Section 4. of this
Agreement) that was approved by the Collier County Commission on May 13, 2014;
and
II. A projected budget spreadsheet;
B. Deliverable 2: Minimum Level of Performance (in addition to the documents submitted with
the itemized invoice):
I. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the cost being claimed in the invoice package are specifically
for the project represented to the state in the budget appropriation, including a certified
statement for the project that all Deliverables being claimed for the Quarter were
completed as specified in the Minimum Performance Standards column of Deliverable 2
under Section 4., of this agreement; and
II. Before and after photographs of the work sites.
C. Deliverable 3: Minimum Level of Performance (in addition to the documents submitted with
the itemized invoice):
I. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the cost being claimed in the invoice package are specifically
for the project represented to the state in the budget appropriation, including a certified
statement for the project that all Deliverables being claimed for the Quarter were
completed as specified in the Minimum Performance Standards column of Deliverable 3
under Section 4. of this agreement; and
II. Before and after photographs of the work sites.
D. Deliverable 4: Minimum Level of Performance (in addition to the documents submitted with
the itemized invoice):
I. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the cost being claimed in the Invoice package are specifically for
the project represented to the state in the budget appropriation, including a certified
statement for the project that all Deliverables being claimed for the. Quarter were
completed as specified in the Minimum Performance Standards column of Deliverable 3
under Section 4., of this agreement. ; and
II. Before and after photographs of the work sites.
E. Deliverable 5: Minimum Level of Performance {in addition to the documents submitted with
the itemized invoice):
I. A cover letter signed by Collier County Representative Bruce Register certifying
that the cost being claimed in the Invoice package are specifically for the project
represented to the state in the budget appropriation, Including a certified
statement for the project that Deliverable 5 has been completed as specified in
the Minimum Performance Standards column of Deliverable 5 under Section 4. of
this agreement; and
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II. The projected budget vs. actual budget spreadsheet; and
Ill. Before and after photographs of the work sites.
IV. Copies of the cancelled checks specific to the project or copies of checks and the
corresponding bank statements;
V. A final itemized invoice for any costs still outstanding that are above the amount
of funds already provided to the Grantee.
The State may require any other information from Grantee that the State deems necessary to
verify that the services have been rendered under the Agreement.
All documentation necessary to support payment requests must be submitted with Grantee's
invoice for DEO's review.
6. financial Consequences for Failure to Timely and Satisfactorily Perform:
Failure to complete all deliverables in accordance with the requirements of this Agreement, and
in particular, as specified above in Section 4, Deliverables, will result in assessment by DEO of
the specified financial consequences. If the Parties agree to a corrective action plan, the plan
shall specify the applicable financial consequences to be applied after the effective date of the
corrective action plan.
This provision for financial consequences shall in no manner affect DEO's right to terminate the
Agreement as provided elsewhere in DEO's Core Agreement.
1. Notification of Instances of Fraud:
Instances of Grantee operational fraud or criminal activities shall be reported to DEO's
Agreement Manager within twenty-four (24) chronological hours.
8. Grantee's Responsibilities upon Termination:
If DEO issues a Notice of Termination to Grantee, except as otherwise specified by DEO in that
notice, the Grantee shall:
a. Stop work under this Agreement on the date and to the extent specified In the notice.
b. Complete performance of such part of the work as shall not have been terminated by DEO.
c. Take such action as may be necessary, or as DEO may specify, to protect and preserve any
property which is in the possession of Grantee and in which DEO has or may acquire an
interest.
d. Upon the effective date of termination of this Agreement, Grantee shall transfer, assign, and
make available to the DEO all property and materials belonging to DEO. No extra
compensation will be paid to Grantee for its services in connection with such transfer or
assignment.
9. Non-Discrimination: Grantee shall not discriminate unlawfully against any individual employed
in the performance of this Agreement because of race, religion, color, sex, physical handicap
unrelated to such person's ability to engage in this work, national origin, ancestry, or age.
Grantee shall provide a harassment-free workplace, with any allegation of harassment to be
given priority attention and action.
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10. Equipment Disposition:
a. Pursuant to Section l.Q.7 of this Agreement ("Nonexpendable Property"), upon
termination of the Agreement period, Grantee is authorized to retain ownership of any
nonexpendable property purchased under this Agreement; however, Grantee hereby grants to
DEO a right of first refusal in all such property, and prior to disposition of any such property during
its depreciable life, in accordance with the depreciation schedule in use by Grantee, Grantee shall
provide written notice of any such planned disposition and await DEO's response prior to
disposing of the property. "Disposition" as used herein, shall include, but is not limited to,
Grantee no longer using the nonexpendable property for the uses defined herein, the sale,
exchange, transfer, trade-in, or disposal of any such nonexpendable property, or closure of
Grantee's operations. DEO, in its sole discretion, may require Grantee to refund to DEO the fair
market value of the nonexpendable property, taking into consideration the fair value depreciation
of the property, rather than taking possession of the nonexpendable property.
b. To the extent that any improvements are made to leased real property, in whole or in
part, from funding provided under this Agreement, the said real property must be used for the
purposes provided in this Agreement for at least 5 years from June 30, 2015. If within five (5)
years of June 30, 2015 Grantee will no longer use the said real property for the purposes provided
in this Agreement, Grantee shall notify DEO in writing of the circumstances that will result in the
non-authorized use upon learning of it, but no later than thirty (30) days prior to the non-
authorized use occurring. In such event, DEO shall have the right, within its sole discretion, to
demand reimbursement of part or all of the funding provided to Grantee under this Agreement
for such improvements to real property.
-End of Attachment l {Scope of Work) -
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Exhibit A -Positive Return of Benefits Letter
Tb~elidtkott
~~ctfM~
PLOS~~
T~FL3~1
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9--~bU:
lblnmmbUI4J~hapo~toftm~CollB~Sd .. Ludibl ~
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~.,amm•t.t•~eoa.ty~1 . .-..~wm bdll"~~m1
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Packet Pg. 1509 Attachment: DEO Agreement SL007 original 11.25.14 fully executed (4800 : Amendment to State agreement)
Exhibit B -Positive Return of Benefits on State Funds
I ff! I ~ a I Hi ~ lJ~f r JI fl(lf F ~ rP i. ~ :fh!n tt 1 I ij I II. ;~ ~n I ~ ii I i ~ ... :tJ ~ ~l r i ~ . ~11i, l 1 • 1 · 1
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c I ~ l ~ i ii ! ' ~ i li i ~ ~ J '$i i J ~ € ~ "' i if • ); li1 lll ff & ~.
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Packet Pg. 1510 Attachment: DEO Agreement SL007 original 11.25.14 fully executed (4800 : Amendment to State agreement)
~[
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Attachment 2
AUDIT REQUIREMENTS
The administration of resources awarded by DEO to the recipient may be subject to audits and/or
monitoring by DEO as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site
visits by DEO staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other
procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by DEO. In the event DEO determines that a
limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional
instructions provided by DEO staff to the recipient regarding such audit. The recipient further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer {CFO} or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as
defined in OMB Circular A-133, as revised.
1. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after
December 31, 2003) or more in Federal awards in its fiscal year, the recipient must have a single
or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,
as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through DEO by
this agreement. In determining the Federal awards expended in its fiscal year, the recipient
shall consider all sources of Federal awards, including Federal resources received from DEO. The
determination of amounts of Federal awards expended should be in accordance with the
guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted
by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will
meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall
fulfill the requirements relative to auditee 'responsibilities as provided in Subpart C of OMB
Circular A-133, as revised.
3. If the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31,
2003} in Federal awards in its fiscal year, an audit conducted in accordance with the provisions
of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less
than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in
its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB
Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e.,
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the cost of such an audit must be paid from the recipient resources obtained from other than
Federal entities).
4. Although the audit provisions of OMB Circular A-133 ordinarily do not apply to for·profit sub
recipients, in the case of Federal funding provided by the U.S. Department of Health and Human
Services, Circular A-133 does apply. See 45 C.F.R. 74.26 for further detalls.
5. A web site that provides links to several Federal Single Audit Act resources can be found at:
http://harvester.census.gov/sac/sainfo.htmJ
PART II: STATE FUNDED
This part is applicable if the recipient is a non-state entity as defined by Section 215.97{2), Florida
Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or In
excess of $500,000 in any fiscal year of such recipient (for fiscal years ending September 30,
2004 or thereafter), the recipient must have a State single or project-specific audit for such fiscal
year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of
Financial Services; and Chapters 10.550 (local governmental entities} or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates
state financial assistance awarded through DEO by this agreement. In determining the state
financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from DEO, other state agencies,
and other non-state entities. State financial assistance does not include Federal direct or pass-
th rough awards and resources received by a nonstate entity for Federal program matching
requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall
ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes.
This includes submission of a financial reporting package as defined by Section 215.97(2), Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year {for fiscal
years ending September 30, 2004 or thereafter), an audit conducted in accordance with the
provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient
expends less than $500,000 in state financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statues, the cost of
the audit must be paid from the nonstate entity's resources (I.e., the cost of such an audit must
be paid from the recipient's resources obtained from other than State entities).
4. Additional information regarding the Florida Single Audit Act can be found at:
http:Uwww.myflorida.com/fsaa/statutes.html.
PART Ill: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the
State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the
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audit is not required by Federal or State laws and is not in conflict with other Federal or State
audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may
conduct or arrange for audits of state financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State
awarding agency must arrange for funding the full cost of such additional audits.) N/A
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as
revised, and required by Part I of this agreement shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the
following:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.myflorlda.com
or
Paper (hard copy):
Department Economic Opportunity
MSC# 130, Caldwell Building
107 East Madison Street
Tallahassee, Fl. 32399-4126
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number
of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
http:fLharvester.census.gov/fac/col!ect/ddeindex.html
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any
management letter issued by the auditor, to DEO at each ofthe following addresses:
Electronic copies (preferred): Audit@deo.myflorlda.com
or
Paper (hard copy):
Department Economic Opportunity
MSC# 130, Caldwell Building
107 East Madison Street
Tallahassee, Fl. 32399-4126
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3. Copies of financial reporting packages required by PART II of this agreement shall be submitted
by or on behalf of the recipient directly to each of the following:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.mvflorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC# 130, Caldwell Building
107 East Madison Street
Tallahassee, Fl. 32399-4126
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, FL 32399-1450
Email Address: fJaudgen lgcalgo~@aud.state.fl.us
4. Copies of reports or the management letter required by Part Ill of this agreement shall be
submitted by or on behalf of the recipient directly to:
A. DEO at each of the following addresses: N/A
5. Any reports, management letter, or other information required to be submitted to DEO
pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to DEO for audits done in accordance
with OMB Circular A-133 or Chapters 10.550 {local governmental entitles) or 10.650 (non-profit
and for-profit organizations), Rules of the Auditor General, should indicate the date that the
reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RE.TENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this
agreement for a period of five (5) years from the date the audit report is issued, or five (5) state
fiscal years after all reporting requirements are satisfied and final payments have been received,
whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access
to such records upon request. In addition, if any litigation, claim, negotiation, audit, or other
action involving the records has been started prior to the expiration of the controlling period as
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identified above, the records shall be retained until completion of the action and resolution of
all issues which arise from it, or until the end of the controlling period as identified above,
whichever is longer. The recipient shall ensure that audit working papers are made available to
DEO, or its designee, CFO, or Auditor General upon request for a period of five (5) years from
the date the audit report is issued, unless extended in writing by DEO.
-End of Attachment 2 -
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EXHIBIT-1 to Attachment 2
FEDERAi.. RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING: N/ A
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number)-$
(amount) N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS: N/ A
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS: N/A
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance title and number} *'
$(amount)
Department of Economic Opportunity; Local Economic Development Projects, #40.012; $2,500,000 SEED
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
As required in Agreement SL007
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5), Florida Statutes, require
that the information about Federal Programs and State Projects Included in Exhibit 1 be provided to the
recipient.
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ATTACHMENT 3
Audit Compliance Certification
Grantee Name:
FEIN : _______ _ Gr a nte e's Fisca l Yea r:--------------
Contact Person Nam e and Phon e Number:-----------------------
Contact Person Email Add~ss:~~~--~~~~~---~-~--~---~--~
1. Did Grantee expend state financial assistance, during its fiscal year, that it received under any
agreement (e.g., agreement, grant, memorandum of agreement, memorandum of understanding,
economic incentive award agreement, etc.) between Grantee and the Department of Economic
Opportunity (DEO)? __ Yes __ No
If the above answer is yes, also answer the following before proceeding to item 2:
Did Grantee expend $500,000 or more of state financial assistance (from DEO and all other sources of
state financial assistance combined) during its fiscal year? __ Yes No
If yes, Grantee certifies that it will timely compty with all applicable state single or project-specific
audit requirements of section 215.97, Florida Statutes, and the applicable rules of the Department of
Financial Services and the Auditor General.
2. Did Grantee expend federal awards, during its fiscal year that it received under any agreement (e.g.,
agreement, grant, memorandum of agreement, memorandum of understanding, economic incentive
award agreement, etc.) between Grantee and DEO? __ Yes __ No
If the above answer is yes, also answer the following before proceeding to execution of this certification:
Did Grantee expend $500,000 or more in federal awards (from DEO and all other sources of federal
awards combined) during its fiscal year? __ Yes No
lf yes, Grantee certifies that it will timely comply with all applicable single or program-specific audit
requirements of OMB Circular A-133, as revised.
By signing below, I certffy, on behalf of Grantee, that the above representations for items 1 and 2 are
true and correct.
Signature of Authorized Re presentative Date
Printed Name of Authorized Representative Title of Authorized Representative
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ATTACHMENT 4
letter from DEO to Mark Merry, dated September 19, 2014
Mr. Mark Merry
Bureau of Auditing
Department of Flruuidel Services
200 Em Gaines Street
Tallahassee, Floridil !2399-0300
Dear Mr. Merry;
Jesse Panuccio
EX.ECUTIVE DIRECTOR
PuBuant to Une Item 2256A, Colllet County was awarded $2,500,000 to estab11sh the two accelerators that
11111 described in "A Buslne.ss Plan for CO!ller County Innovation Accelerators/" that Wai presented to the
~Office of the Gowmort.o support this project Establishment of the two facitfttes w1Jl require an
advanc;e of funds due to the lar"ge up-front r;~ associated With mmodeling or retroflttins each of the
f"aciltties to accommodate Its spetific accelerator, u well as the ams to stend-up each of the programs
{administrative CO$!'.$, utflltles, IT, bufldlng and equipment leases, office furniture and ~les, legal~
etc.}, onee the loeattons are determtned,
W1\h this tettert we are requesting authOf!tatlon to inue an advanoo of $495,000 to Comer Countyforthe
com associated with stt:EHe!ectiorr, remodelfng and start-up of this proJe<:t, Jn keepJni wtth The Reference
Gulde for State Expenditures {p. 13), which says that advance payments may be made under s. 215.422(14),
F-5.i and Rule 69t-.40.12.0(3), Florida Admlntstratrve Code, tf approved fn idvB!l(e by'the Bureau of Audtttng If
the goods or 1eMc:es are essential to the operation and are available. r,mfy' if advance payment Is made. Al
required under 5edfon 215.9711 Florida Statute~ OEO wm tnciuda a provfslon spec:ffytng that any balance of·
unoblipted funds that ere advanced or paid must be refunded to the m.te agency, and the grant manager
wm reconc:Ue and verify air funds recefved against all funds exp&nded during the gr~nt agreement period and
f)lOduce a flnal .reconclllation report. Theffnal report will identify any funds petd In excess of the
expenditures Incurred by the mclpfent.
Copies of the business plaR noted above and the specific Line Item Appropriation are attached for your
information. If you have any questk>ns, please feel free to contact Beth W:albr at SS0-.717..8900 or via e-.maU
at Elizabeth, WalkerOdeo,myfloridru:om.
S~y, ~A.~1~
Deanfuo
Chief Flnam:lal Officer
fl<Jrl® 0eJl'lrtmerrt of &:onomk: Opportunity I Ca!dwelt Bul!dfng I 107 E. M;rdlsa11 Street I Tul&itl'!Wee, Fl 32399
866.FLA.2a45 I SS0.245.7105 I as0.921.32:23 F111e
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An equal QJIPDf'l1Ulltv ~r/~. ~ aldF and·~ GrG Mn.ble 1J1Jon mqumst to fmfMdualll wkh dlNbtllt:tes. All'Wllce
~ nutn~on thf$ doa.tnwnt m11Ybe nm:hed by perxmU!llngTN/TJ')O equipm~ Via tlte Fklrlda .Rl!ilwf Sflv!tl!! at 7U..
45
Version date: 07 /01/2014 {State Subrecipient General Appropriations Act Directives Template)
16.F.6.c
Packet Pg. 1519 Attachment: DEO Agreement SL007 original 11.25.14 fully executed (4800 : Amendment to State agreement)