Agenda 09/27/2011 Item # 9C
9/27/2011 Item 9.C.
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eXECUTIVE SUMMARY
RECOMMENDATION: To direct the County Attorney to obtain aU financial records
from the Collier Cmmty Economic Development Council.
OBJECTIVE: One of the key duties of the BCe is to be a good steward of the taxpayers'
funds. Now that the EDC will no longer be a partner in the economic development in Collier
County, assets need to be accounted for and distributed.
CONSIDERATIONS: Article 6 in the written agreement with the EDC it states the following:
"The EDC shall keep orderly and complete records of its financial accounts and financial
transactions involving the funds provided to the EDC under this Agreement. TheEDC shall open
these records to inspection by County personnel at reasonable hours during the entire term of
the Agreement".
FISCAL IMPACT: None
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GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the BCC direct the County Attorney office to obtain all the
fmancial records from the EDC and use all sources to obtain these. Once all records are obtained,
County Attorney shall' work with County staff to. allalyze records, secure all monies and assets
due to the County.
SUBMITTED BY: Commissioner Henning
Date: 09/21/2011
REVIEWED BY:
APPROVED BY:
Date:
Date:
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9/27/2011 Item 9.C.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.C.
Item Summary: To direct the County Attorney to obtain all financial records from the
Collier County Economic Development Council. - Commissioner Tom Henning.
Meeting Date: 9/27/2011
Prepared By
Name: Evelyn Prieto
Title: Executive Aide to the BCe.
9/21/2011 12:35:01 PM
Submitted by
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Title: Executive Aide to the BCC,
Name: Evelyn Prieto
9/21/2011 12:35:02 PM
Approved By
Name: Ian Mitchell
Title: Executive Manager, BCC
Date: 9/2 II20 1 1 12:56:01 PM
Name: OchsLeo
Title: County Manager
Date: 9/21/2011 3:50:54 PM
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INSTR 4347478 OR 4496 PG 2455 RECORDED 10/2/2009 3:44 PM PAGES 11
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $95.00
9/27/2011 Item 9.C.
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FIRST AMENDMENT TO AGREEMENT
THIS AMENDMENT to the Economic Diversification Program Agreement (the
"Agreement") is entered into this (l1~ day of ~ 2009, by and between Collier
County, Florida, a politica] subdivision of the State of Florida, through its Board of County
Commissioners (the "County") and the Economic Development Council of Collier County, a
F]orida not-for-profit corporation (the "EDC").
RECIT ALS:
WHEREAS, the County and the EDC entered into an Agreement on September 9,2008,
a copy of which is attached hereto):~~~Jf.~~~te partnership between the County
and the EDC and the funding JQt~"'Economic Div'eh1~t4on Program, which Agreement
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terminates September 30, 200?'; a~' \\ .'. ~'------J"")I '\ \
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WHEREAS, the pa~es fvjsl:W-9$~~~ A&t~f'''1J~ an additional year on the terms
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and conditions set forth herer. I{ ( /J ! 1 ) I It-j ~\~f I. i ~
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NOW, THEREFO~~.3t;l""oonsidef.ation~'ef-~he 'f)~i~~7i,and for good and valuab]e
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consideration, receipt and sufll9iency of which is ~eb>, a<t~~wledged by both parties, the
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parties hereby agree to the ch~~e~~~.follows:
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1. The foregoing Recitals are trUeand:OOFTecf and are incorporated by reference herein.
2. The term of the Agreement is hereby extended to September 30, 2010, unless earlier
terminated in accordance with Article 3 (b).
'3. Exhibit "A" is hereby superceded and replaced by the updated "Exhibit A" which is
attached.
4. Except as amended, all other terms and conditions of the September 9, 2008
Agreement remain in full force and effect. This Amendment and its provisions merge any prior
agreements, if any, between the parties with respect to the matters set forth in this Amendment.
5. This Amendment shall be recorded by the County, at the expense of the County, in
the Official Records of Collier County, Florida, within sixty (60) days after execution of this
Amendment by the County.
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OR 4496 PG 2456
9/27/2011 Item g.C.
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IN WITNESS WHEREOF, the parties hereto have executed the foregoing First
Amendment to the Interlocal Agreement the date and year first written above.
Attest:
DWIGHTlt.BR:~C~;:.Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORID~ _
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By:
DONNA FIALA, CHAIRMAN
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WITNESS: CONSULTANT:
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,);\/:~-.c~~v~~elopment CouncIl
Sl ature // (, ~:,/ of et~~ty
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WITNES~: I. ,,_.1\ t, ,~3\\ \, J.il ~6no~if DF~Jjopment Council of Collier
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OR 4496 PG 2457
Exhibit "A"
Budget
Economic Diversification
October 1, 2009 - September 30, 2010
$400,000
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Including, but not1!mited to: ''-1(/ .
Targeted Industr)fMiir;keting Campaigns;~
Collateral PublicationS"
Equipment Expenses
Total
Packet Page -228-
9/27/2011 Item 9.C.
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$350,000
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OR 4496 PG 2458
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9/27/2011 Item 9.C.
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AGREEMENT
THIS AGREEMENT is entered into this ~ day of ~kmber2oo8, by
Collier County, Florida, a political subdivision of the State of Florida, through its Board
of County Commissioners, hereinafter referred to as the "COUNty," and the Economic
Development Council of Collier County, a Florida.not-for-profit corporation, hereinafter
referred to as the "EDC."
WITNESSETH
WHEREAS. the Legislature of the State of Florida. Enterprise Florida, Inc., and
the County have determined there is a need to enhance economic activities in the State
and Collier County, by retaining, expanding. and attracting high wage jobs through
economic diversification and development in order to promote a stronger, more balanced,
and stable economy; and .'./~.. ,;R. ,,"-'r. '.'
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WHEREAS, to impl~@~~~J&~Sislature has adopted Chapter
159, Florida Statutes, incl~A11'e Revenue Bond Ac'Nif 1'9,53. the Florida Industrial
Development Financing 4'ct, jlfi~~!ppment ~u~ties, Housing Finance
Authorities. and Researc? anrDevel~n1.-\uthoriti,es; and\ \
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WHEREAS. the !County! now fiDdS aIid detcrtnineYAhltt It IS m the publtc mterest
of the citizens of Colliet\ eo~!1,jo;~iIl1Jhi jot throjgltthiMgreement in the EDC's
. business diversification \pio'grani- to expand the;, Co~ty~ ~j;~ base, to expand the
employment opportunities,15f!tl?-e residents of the G9JWtY, t9"ri!lcrease economic mobility
for residents and thereby iefi~e,the associated buidenA!placed/on local government and
the private sector taxpayers;andr- ... ..- .
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WHEREAS, the EDC is a..pt1irate i.i1Ofi,f()f"l:lrofit corporation created by the
initiative of the private sector business-community for the purpose of retaining,
expanding and recruiting high wage jobs for Collier County; and
WHEREAS, the EDC performs many business diversification activities which are
not performed by the County and which are essential to successful business
diversification in Collier County; and
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WHEREAS, the County recognizes that successful business diversification
requires confidentiality with respect to the plans, objectives, criteria, and corporate
information of business candidates for retention, expansion, and recruitment and that
such confidentiality is in the public interest of the citizens of Collier County; and
WHEREAS, the County fmds that it is essential to the public interest to have an
appropriate accounting of the expenditure of public funds, especially by a non-public
agency such as the EDC; and
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OR 4496 PG 2459
9/27/2011 Item 9.C.
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WHEREAS, the Legislature of the State of Florida has recognized in Section
812.081, Florida Statutes, and in other provisions of said statutes, the public interest in
maintaining certain confidentiality in the business diversification and development
process; and
WHEREAS, the County finds the EDC is an especially appropriate entity to
facilitatc business diversification and development in Collier County which includes
providing business candidates with the type of confidential assistance which is essential
to successful business diversification and development; and
WHEREAS, pursuant to the Florida Industrial Development Financing Act, Part
II of Chapter 159, Florida Statutes, the County is permitted to issue Industrial
Development Revenue Bonds; and
WHEREAS, in connection ~ormance of its responsibilities, the
Industrial Development AuthoriJ~,:~Jk~.(!,~tigates and reviews applications
from various parties seeking ~$cr<>,
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. .WHEREAS: the /.Eo9/~~lful.ul:>~r!Pncti~~ ?\. beh~. o.f the IJ?A. in
reVIewmg, processmg and/~r pr~g ~h bon(t appbcatIons; proVIdmg continumg
administration with respect ~ ~~~~)ace'p; and performing other
specified functions; an~ If ( \J( 1 ) )! 10 \c v,! \ j
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WHEREAS, it is, mtheoest interest or~~oufitVto ~~' into a contract with the
EDC to conduct activitie5-'in\accordance with the~s and,~opditions set forth herein;
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WHEREAS, the EDC'has<in;t1Ie.Q.as!dmd,y;r4iI'~()rttinue in the future to expend
substantial sums from its private ~tor CrtleitibfrrShip dues to promote economic
diversification; and'" - '.. ........., ....
WHEREAS, the EDC serves as the primary entity for developing and
implementing business disaster recovery programs for the Collier County business
community in partnership with the Governor's Office of Tourism, Trade and Economic.
Development, Enterprise Florida and Collier County; and
WHEREAS, in Fiscal Year 2006-07, the business community in Collier County
paid Six Hundred Thirty-Eight Thousand Six Hundred Eighty-One Dollars and Seventy
Cents ($638,681.70) to the County in occupational1icense fees; and
WHEREAS, the County has appropriated for the County's Fiscal Year 2008
(October 1, 2008 - September 30, 2009), the sum ofFoUT Hundred Thousand dollars and
00/100 ($400,000), to the EDC, to conduct economic diversification and development
activities.
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OR 4496 PG 2460
9/27/2011 Item 9.C.
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NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows.
ARTICLE 1
a. The County hereby grants to the EDC up to $400,000 for the term of the
Agreement for the EDC's business diversification and development activities,
conducted in cooperation with the County, as described in the Summary Budget
attached hereto as Exhibit "A.n The EDC shall be paid for its actual cost not to
exceed the total amount for various line items and up to the maximum amount
budgeted pursuant to the Attached "Exhibit A," subject to the maximum total
amount. Each individual line item may be increased or decreased by up to ten
percent (10%) at the discretion of the EDC. Adjustment in excess of ten percent
(10%) of any line item must be authorized by the County Manager or his
designee.. The payment of ~~;~~~t s~alI be made to the EDC in bi-
monthly Installments, (t9A5e -\~as!"e:Jce a month), as expenses are
accrued and invoices~~ved, commer.~'With the first month of this
Agreement. Once ~4Ufids are expended, tlrlJA~ement will automatically
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terminate. In no e,vent ~ounty pay-the E&C ~re than the appropriated
amount of $400,q.oO drlrin~rm,.Qf tliiSJ Agreement \
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The EDC shall, Iwit1l!n ~O M~y~ fqll~the'~g.~hiimorlthly installment (to be
interpreted as the!..Q~''P1f.m~)., c~rVfy/*e(j~o~ df Ep..Q !private funds obtained
and written comtpmnebt?recdved'1'of f~ payati1eA~ng the pending contract
year for the previq~'itine months"~:1i' i ~,,::" i
ARTICLE 2
The EDC shall on behalf of the County:
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a,
Establish and maintain staff to process, investigate and review business
candidates that will retain, expand and/or create high wage jobs in Collier County.
b.
Provide business promotion collateral materials and business assistance services
to business candidates.
c.
Use its best efforts to obtain high quality supplies and services for use in the
performance of these services at the lowest practical costs and shall expend funds
in accordance with the Summary Budget attached hereto as Exhibit "A".
d.
Furnish the County Manager with a quarterly narrative progress report on the
program and activities described in the Summary Budget attached hereto as
Exhibit "A". Such reports will contain basic statistical information relevant to the
economic diversification public/private partnership program and a statement of
expenditures made in each budget category and line items identified in the
Summary Budget attached hereto as Exhibit "A".
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OR 4496 PG 2461
9/27/2011 Item g.C.
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e. Furnish an annual report of expenditures of County funds in such fonn as the
Clerk of Courts will prescribe. This report will be on a fiscal year of October I
through September 30, and will be due on November 15,2008 and November 15,
2009,
Agree that any equipment purchased in accordance with this Agreement will be
taken up on an inventory record by the EDC and inventoried at least annually.
Upon expiration of the useful life of such equipment, or termination of use by the
EDC, whichever is later, such equipment will be returned to the County or
disposed of as authorized in writing by the County. All listed equipment must be
returned to the County upon termination of this agreement. The EDC shall
purchase property insurance coverage to insure all real and personal property
covered by this paragraph. Such policy shall name Collier County as a loss payee
with respect to the loss of c~~~~erty.
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ARTICLE 3 /~--<;,\-,~~~ V:>0"
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a. The term of this ~eem~hbe for a pEiod d1:,on~1) year to begin October
1,2008 and end .6n &ePt~O, .2P09;-tmless earlier terminated in accordance
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Either party may,~i~.at~thi~lJgr~eIn~t up~ pnell.L~d eighty (180) days
written notice ~.e "-other 'OFitS ill~!tion-tp '"tenn.inate. In the event of
termination, the G~ shall pay for Serviti,~S ana coswincurred prior to the date
of termination. w:ith,ir~gard to the portio$(of/p,a~ents made to the Board in
excess of the serViaS' and costs incurred by,'the/EDC prior to the date of
termination, the EDC Sh~~,'T~ttc>,,~_~ElUl~ all.,9fsuch excess portions.
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1, Stop working under the Agreement on the date, and to the extent specified, in
the notice of termination.
2. Place no further orders or subcontracts for materials, services or facilities,
except as may be necessary for completion of such portion of the work under
the Agreement as is not terminated.
3. Terminate all orders and subcontracts to the extent that they relate to
performance of work that was terminated.
4, Prepare all necessary reports and documents required of the terms of the
Agreement up to the date of termination, including the final report due at the
end of the program, if any, without reimbursement for services rendered in
completing said reports beyond the termination date.
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Packet Page -232-
OR 4496 PG 2462
9/27/2011 Item 9.C.
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5. The EDL shall gIve written notice of Its intent to renev. this Agreement Lo the
Board of County Commissioners no less than one hundred eighty (180) days
prior to the expiration of the Agreement, as necessitated by the County budget
process, The County is under no obligation to renew this Agreement.
ARTICLE 4
Waiver by either party of the breach by the other party of any provisions of this
Agreement shall not be deemed a waiver of any other or subsequent breaches
and shall not be construed to be a modification of the terms of this Agreement.
ARTICLE 5
The parties deem the services to be rendered by the EDC for the County under
this Agreement to be personaljn..natuJ'e.--J"!!e EDC shall not assign any rights or
duties under this AgreemenCiO\iir.otb.e(p,a#~ithout written permission of the
County. If the EDC att~$:::tO-assign ~;$)~r duties without prior written
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permission of the 9>u.n~~/this Agre~ment ma~e.~lared void by the County
and the EDC therc;opontagrees-t&-remlt to the Co~y an. payments made pursuant
. to this agreement!for 1lie el.itir~..t~rnl.O[ thWAgreement. \
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The EDC shall Jot ~~~~tsBvi~'~u~~bc~rs for any of the work
contemplated udder, this\A~eIh~t ~lli~t'fi~ obtaihmiwritten approval of the
County subject \t~;s.u~cond1t:IOrtS mrd~Jlrov1~oD.S /~.pte County may deem
necessary; provided.,. however, that ndtWiths.tandln...si the foregoing, unless
otherwise provided1i~n, such prior wri~ aPPrQ@li~hall not be required for
purchase by 'the EDCof!)uch articles, supplies;equipment, and services which are
necessary and incidental,t()~the,performanceoNlre'work described herein, The
requirements of this clausesp..aJJ".Jl. o....fOc.e;deem..egin any event or manner to provide
for the incurrence of any obligation:-of~ne'Coiinty by any actions of the EDC.
c,
To the fullest extent permitted by law, the EDC will indemnify and hold hazmless
the County from and against all claims, damages, losses, and expenses, including
reasonable attorney's fees and costs, arising out of or resulting from the
performance by the EDC of its responsibilities under this Agreement.
d,
The EDC is hereby declared by the parties to be an independent contractor for the
performance of the economic diversification and development activities and will
be responsible for the initiating, maintaining and supervising of all safety
precautions and programs necessary in connection with this Agreement. The
EDC shall not be considered a public agency as a result of its assumption of the
duties described herein. The EDC agrees to comply with all applicable safety
laws, ordinances, rules, regulations, standards and lawful order of any public
authority having jurisdiction over the matter in question.
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OR 4496 PG 2463
9/27/2011 Item 9.C.
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ARTICLE ()
a. The County shall render payments bi-monthly (to be interpreted as twice a
month), commencing October 1,2008 through September 30, 2009.
The EOC shall keep orderly and complete records of its financial accounts and
financial transactions involving the funds provided to the EOC under this
Agreement. The EDC shall open these records to inspection by County personnel
at reasonable hours during the entire tenn of the Agreement. Any person duly
authorized by the County shall have full access and the right to examine any of
these records during the term of the Agreement and up to three (3) years
thereafter. The EDe shall submit annual reports to' the County, in form and
substance, as prescribed in writing by the County, with regard to the activities of
the public/private partnership for economic diversification.
The EDC shall provide~e(~~iu~ependent annual audit of the
immediately proceedipsi~~ar no 1ateNb~~uary 31 of each year of this
Agreement. Such Atidit;.:.wm contain a detallcchlst,ing with useful lives, of
equipment purchasfd by' County"P.rovided fimds ~.. deScn"bed in Article 2f. The
provisions of thi,1 Parf~wiQ s~vet~atiori\ of ~s Agreement as to the
fiscal years, or p~rtioq~t~.~. "., ~~ent is in effect.
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The BOC shall no!~s~riminate against an~'~IIlpIDye~...Qf,person served under this
Agreement on accotlllt,of race, color, sexi~ sexua1:-orientation, age, religion,
ancestry, national origin"handicap or marital status.'
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ARTICLE 8
All notices required in this Agreement shall be hand delivered or sent by certified
mail, return receipt requested, and if sent to the County shall be addressed to:
Amy Patterson
Impact Fee/EDC Manager
Community Development & Environmental Services
2800 North Horseshoe Drive
Naples, FL 34104
And if sent to the EDe, shall be addressed to:
Tammie Nemecek
President/CEO
Economic Development Council or Collier County
3050 North Horseshoe Drive, Suite 120
Naples, FL 34104
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OR 4496 PG 2464
9/27/2011 Item 9.C.
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ARTICLE 9
Any alterations, vanatlOns, modifications or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing, duly
signed, by both parties hereto, and attached to the original of this Agreement.
ARTICLE 10
The County's performance and obligation to pay under this contract is contingent
upon an annual appropriation for its purpose by the Board of County
Commissioners.
ARTICLE 11
As provided in F.S. 287 .1~ft:J~~Y !~~.". ~ in. t. 0 this Agreement or performing
any work in furtheran~/e~~E.~if~s that it, its affiliates, suppliers,
subcontractors and c.ousgtt;mts who WIll perfO~~reunder, have not been placed
on the convicted. yerl~~V'tist maintained by ilie~te of Florida Department of
Management SevVicer ~~\mon~ ltJ.unediat\ely \preceding the date hereof.
This notice is ~uirF by~S:"2E.J-3\3 (3Y(a~. \ \
IN WITNESS ~o~{~~~4~t1'd.k~~~ ~~~bement on the dates set
forth above. ," \., \_:::~:l '\~\_}_../ j If" J" L' ,
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CoUierCounty, Florida
:Board of ounty Commissioners
,By:
Jeney:
(Witnesses and EDC signatory on following page)
Page 70r8
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*** OR 4496 PG 2465 ***
9/27/2011 Item g.C.
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WITNESS:
CONSULTANT:
Economic Development Council
of Collier County
By:
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Page g or8
Packet Page -236-