Agenda 02/26/2019 Item #10B - Add On Proposed Agenda Changes
Board of County Commissioners Meeting
February 26,2019
Item 6A rescheduled to March 26,2019: Public petition from Tom Despard to propose
measures to improve sound dampening in new multifamily dwellings(not more than three
stories in height) built in Collier County. (Petitioner's request)
Move Item 17C to Item 9C: Recommendation to adopt an ordinance amending ordinance
No.2002-63,which established the Conservation Collier Program. (Commissioner Saunders'
request)
Add-On Item l0B_ Recommendation to waive any failure to meet any contract deliverable,
and to authorize payment of outstanding pay requests for Economic Incubators,Inc. totaling
$87,897.65,and to provide direction on future contract deliverables. (Commissioner
Saunders' request)
Move Item 16A11 to Item 11E: Recommendation to award an Agreement for Invitation
to Bid No. 19- 7511,"Davis Boulevard Landscape Maintenance"to Florida Land Maintenance,
Inc. d/b/a Commercial Land Maintenance. (Commissioner McDaniel's request)
Move Item 16K4 to Item 12A: Recommendation to direct the Hearing Examiner to hear the
appeal filed by London of Naples,Inc.of the administrative denial of the Insubstantial Site Plan
Amendment SDPI-PL20180002049 for Gateway formerly known as Trio. The subject property
consisting of 1.98±acres is in the General Commercial (C-4)zoning district within the Mixed Use
Subdistrict of the Gateway Triangle Mixed Use Overlay at the eastern corner of the intersection
of Davis Boulevard and Tamiami Trail East in Section 11,Township 50 South and Range 25 East,
in Collier County,Florida. [PL20190000305] (Commissioner Fiala and Commissioner
McDaniel's separate requests)
Move Item 16B1 to Item 14B1: Recommendation that the Board,acting as the
Community Redevelopment Agency Board (CRAB),approve an Access Easement over property
owned by the Community Redevelopment Agency in the Gateway Triangle Mixed Use District
Overlay. (Commissioner McDaniel's request)
Time Certain Items:
Item 13A to be heard immediately following Item 7-Public Comments
Item 10B to be heard immediately following Item 13A
Item 9B to be heard immediately following Item 11A
2/26/2019 4:14 PM
108
Ann P. Jennejohn
From: BrockMaryJo <MaryJo.Brock@colliercountyfl.gov>
Sent: Tuesday, February 26, 2019 8:26 AM
To: DLCOMM; KlatzkowJeff; CallahanSean; Minutes and Records; Crystal K. Kinzel;
CasalanguidaNick; SheffieldMichael; MillerTroy; BrownleeMichael; FilsonSue;
GoodnerAngela; GrecoSherry; LykinsDave;TrochessettAimee
Cc: ochs I
Subject: Add On
Attachments: Executive Summary Add On Item 10B Ell Outstanding Payment Requests ES.docx;
Outstanding Pay Request Summary.docx; FY 19 Ell-BCC Agreement.pdf
Follow Up Flag: Follow up
Flag Status: Completed
Good morning,
Attached please find Add On Item 10B to be included in today's agenda. Thank you, MJ
Mary-Jo Brock - Executive Assistant to Leo E.Ochs,Jr.
maryjD.brock@colliercountyfl.gov
County Manager's Office
3299 East Tamiami Trail Naples FL 34112
239.252.8364
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Add-On Item 10B 0
February 26,2019 BCC Agenda
EXECUTIVE SUMMARY
Recommendation to waive any failure to meet any contract deliverable,and to authorize payment of
outstanding pay requests for Economic Incubators,Inc.totaling$87,897.65,and to provide direction
on future contract deliverables.
OBJECTIVE: To authorize payment of outstanding pay requests for Economic Incubators,Inc and provide direction
on future contract deliverables.
CONSIDERATIONS: On September 25, 2018, the Board of County Commissioners approved an agreement with
Economic Incubators, Inc. (EII) in continued support of the public-private partnership to operate the County's
Accelerator Project.
This agreement continues operational funding support at a reduced level of$600,000 for the Naples Accelerator and
the Florida Culinary Accelerator @ Immokalee,as outlined in Article III of the agreement and in the updated Collier
County Accelerator Business Plan submitted by EII.
Under Article IV of the agreement, the County is obligated for direct payment of$203, 829 in rent for the Naples
Accelerator, and for$396,171 in reimbursable personnel and operating expenses outlined in Exhibit B1 for EII. Per
the contract,EII shall submit payment requests for eligible expenses on a reimbursable basis to the Board.The FY 18
agreement between EII and the BCC followed the same process.
EII has submitted the following invoices to the BCC for reimbursement which Finance and Internal Audit staff have
yet to release payment for,totaling$87,897.65. One payment,#FY 18-24 is outstanding under the previous contract
for Fiscal Year 2018.
Pay Request Amount
FY 18-24 $16,963.76
FY 19-06 $15,234.71
FY 19-07 $20,656.31
FY 19-08 $15,559.82
FY 19-09 $19,483.05
Total Outstanding $87,897.65
Clerk staff have cited failure to meet contract deliverables as the reason for withholding pay requests from EII. A
summary of outstanding pay requests and the current agreement are attached to this item for the Board to review and
provide direction on future contract deliverables.
FISCAL IMPACT: Outstanding payment requests back to FY 2018 for EII total$87,897.65.These pay requests
are consistent with the FY 19 EII budget.Funding is available in Fund 007.
GROWTH MANAGEMENT IMPACT: There are no growth management impacts associated with this executive
summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality,and requires majority vote for approval.-JAK
RECOMMENDATION: Recommendation to waive any failure to meet any contract deliverable, and to authorize
payment of outstanding pay requests for Economic Incubators,Inc.totaling$87, 897.65,and to provide direction on
future contract deliverables.
Prepared By: Commissioner Burt Saunders,District 3
1 OSB
Outstanding Pay Request Summary—Economic Incubators, Inc.
1. Invoice: FY-18-24
Amount: $16,963.76
This is the last pay request from EII for Fiscal Year 2018. The Clerk's office has
withheld payment claiming per Florida Statute 287.017(1), all deliverables under the
annual contract were not met.
It is the opinion of EII management and the Board of Directors that all services required
by the contract were provided and met. Deliverables linked to budget estimates were not
fully achieved due to unforeseen circumstances and events, including a hurricane and the
delayed opening of the Culinary Accelerator @ Immokalee.
Although some budgeted revenue estimates were not met, this did not increase contract
costs to the County. EII performed services at a reduced cost throughout FY 2018.
Though $800,000 was budgeted for the year, EII billed the County for only $503,359.21
in reimbursable service costs, which the final payment of$16,963.76 is outstanding. The
County direct paid another$197,892.50 in rent for the Naples Accelerator lease,putting
the total FY 18 costs at$701,251.71, or $98,748.29 less than the budgeted amount for the
Fiscal Year.
2. Invoice: FY-19-06
Amount: $15,234.71
This payment was for payroll ending 12/31/18, and had quarterly reporting and
deliverables tied to payment. The Clerk has withheld payment citing unspecified errors
and inefficiencies, while also claiming that EII is behind on revenue goals. EII has
requested further information regarding the errors and missing information be provided.
The EII contract with the County has annual revenue deliverables as outlined in Exhibit B
of the contract. If the annual revenue deliverables are evenly divided across four
quarters, EII is substantially exceeding business income while behind in private
investment.
Business income through December 2018 was $63,105 vs. a budget of$59,319 which is a
6% improvement. Through January 2019, Business Income totaled $85,506 compared
with a budget of$77,156, or 11%better. Private investment was $10,663.79 through
December 2018. Though this accounts for only about 10% of EII's annual goal, our
fundraising committee is working diligently to raise private investment. EII fully
anticipates meeting private investment deliverables in the current fiscal year.
3. Invoice: FY- 19-07
Amount: $20,656.31
10B
This is for payroll ending 1/15/19 and per communication from the Clerk's office,has no
specific deliverables tied to it.
4. Invoice: FY- 19-08
Amount: $15,559.82
This payment is for payroll ending 1/31/19. All deliverables, including the January
month-end financials are uploaded in SAP and awaiting review by Internal Audit.
5. Invoice: FY- 19-09
Amount: $19,483.05
This payment is for payroll ending 2/15/19. Though it was only recently submitted, like
FY 19-07 as a mid-month payroll, there are no specific deliverables tied to it.
Total outstanding pay requests: $87, 897.65
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 10 8
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
,iiSi 104) R
4. BCC Office Board of CountyAS
Commissioners jP/ (0Z.:.-
5. Minutes and Records Clerk of Court's Office
)
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff a pic t.. �4-x'\- Phone Number
Contact/ Department dib .1-- Q`?r `f I Ot4ID
Agenda Date Item was Agenda Item Number ( w ISS 11
Approved by the BCC q-1-6—vs 11 .E ktu.Fiti
Type of Document Number of Original
Attached �, w.$...r'T Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? n'
2. Does the document need to be sent to another agency for additional signatures? If yes, �` r�
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. c9(__
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed <
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's �,./
Office and all other parties except the BCC Chairman and the Clerk to the Board L ilk\
5. The Chairman's signature line date has been entered as the date of BCC approval of the c
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's / k
signature and initials are required. Of
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 9 tviand all changes made during the
meeting have been incorporated in the attached document. The County Attorney's l►�'�ij�►
Office has reviewed the changes,if applicable. 1�t 'ice
9. Initials of attorney verifying that the attached document is the version approved by the f* e
BCC,all changes directed by the BCC have been made,and the document is ready for the t"
Chairman's signature. ...."-
X-
1:
� i—
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WW5 Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
108
AGREEMENT BETWEEN COLLIER COUNTY,FLORIDA
AND
ECONOMIC INCUBATORS,INC.
This AGREEMENT is made and entered into as of this 25th of September,2018,by and
between Collier County, a political subdivision of the State of Florida (the "COUNTY" or
"Fiscal Agent")and Economic Incubators,Inc.("Ell"or"Administrative Entity"),a Florida not-
for-profit corporation.
WITNESSETH
WHEREAS, on September 10, 2013, Agenda Item 11.C, the Board of County
Commissioners ("BCC") approved the Office of Business &Economic Development's FY 14
Business Plan, which included 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;
WHEREAS, on November 18, 2014, Agenda Item 11.C, the BCC approved an
agreement between COUNTY and Ell, designating Ell as the Administrative Entity for the
Collier County soft landing and Immokalee culinary accelerator development strategy identified
in the Collier County Innovation Accelerator Business Plan ("Accelerator Project"), and
maintained the successful public private partnership for fiscal years 2015,2016, and 2017, and
2018;(the"Agreement");
WHEREAS, the COUNTY recognizes the advantages of having a not-for-profit entity
to administer the Accelerator Project, including, but not limited to,the Naples Accelerator and
Florida Culinary Accelerator @ Immokalee (hereinafter referred to as the "Project"), and the
COUNTY finds it is in its best interests to engage Ell as the Administrative Entity pursuant to
the terms and conditions set forth below,as Ell is an independent not-for-profit corporation;
WHEREAS, Ell will strive to achieve the core objectives and to support the goals and
objectives identified in the updated Collier County Innovation Accelerator Business Plan;
WHEREAS, the COUNTY has determined that it is in the best interests of Collier
County to continue to support the Accelerator Project efforts that support and further the goals
and objectives identified in the County's Business and Economic Development Business Plan;
WHEREAS, the parties wish to enter into this Agreement to continue the COUNTY's
continued support and funding of the Accelerator Project beginning October 1, 2018, through
September 30,2019,for fiscal year 2019;
WHEREAS, the COUNTY enjoys broad Home Rule Powers, which include the
authority to enter into agreements to enhance economic development within Collier County;
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WHEREAS,Section 125.045,Florida Statutes(County economic development powers)
provides,in part,as follows:
"(1) The Legislature finds and declares that this state faces increasing
competition from other states and other countries for the location and retention
of private enterprises within its borders. Furthermore,the Legislature finds that
there is a need to enhance and expand economic activity in the counties of this
state by attracting and retaining manufacturing development,business enterprise
management, and other activities conducive to economic promotion,in order to
provide a stronger, more balanced, and stable economy in the state; to enhance
and preserve purchasing power and employment opportunities for the residents
of this state; and to improve the welfare and competitive position of the state.
The Legislature declares that it is necessary and in the public interest to facilitate
the growth and creation of business enterprises in the counties of the state.
(2) The governing body of a county may expend public funds to attract and
retain business enterprises,and the use of public funds toward the achievement
of such economic development goals constitutes a public purpose. The
provisions of this chapter which confer powers and duties on the governing body
of a county, including any powers not specifically prohibited by law which can
be exercised by the governing body of a county,must be liberally construed in
order to effectively carry out the purposes of this section.
(3) For the purposes of this section, it constitutes a public purpose to expend
public funds for economic development activities,including,but not limited to,
developing or improving local infrastructure, issuing bonds to finance or
refinance the cost of capital projects for industrial or manufacturing plants,
leasing or conveying real property, and making grants to private enterprises for
the expansion of businesses existing in the community or the attraction of new
businesses to the community"; and
WHEREAS,the COUNTY has adopted an Accelerator Project with the specific purpose
of diversifying the economy and enhancing the employment opportunities and careers of Collier
County citizens.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein,and other good and valuable consideration,the COUNTY and
Ell agree as follows.
ARTICLE I
SCOPE OF SERVICES
AND
ROLES AND RESPONSIBILITIES
Ell shall administer the Accelerator Project by performing the roles and responsibilities
described in Exhibit "G" and providing the services and activities described in Exhibit "A,"
(1;C)
108
Scope of Services. Both Exhibits A and G are attached hereto and by reference made a part
hereof. The matrix in Exhibit A guides COUNTY staffs ability to authorize payment for
measurable services performed by Ell.
Exhibit "G," which is incorporated herein by this reference, defines the broader
COUNTY economic development relationship with Ell,which will be reviewed and monitored
by COUNTY staff. Exhibit H,which is incorporated herein by this reference,defines the roles
and responsibilities of the Fiscal Agent.
ARTICLE II
TERM OF AGREEMENT
This Agreement shall be effective upon execution by both parties and shall cover
services provided from October 1,2018,until September 30,2019,unless otherwise terminated
in accordance with this Agreement or extended by mutual Agreement of the parties.
ARTICLE III
CONSIDERATION AND LIMITATION
For its performance of the Deliverables in Exhibit A of this Agreement,Ell will receive
funds from the COUNTY in the amount of Six Hundred Thousand Dollars($600,000).
ARTICLE IV
PAYMENT AND REPORTING REOUIREMENTS
It is intended that the"Personnel Costs,"as delineated on Exhibit B 1,are to be construed
to ensure maintenance of staffing requirements to include,payment for leased employees and
independent contractors. Funding shall also include salaries, hourly wages, holiday pay,
vacation and paid time off,dental,vision and health benefits,payroll taxes,cell-phone service
allowance up to fifty dollars per month, Worker's Compensation coverage, matching 401K
contributions up to 5%, service fees associated with third-party payroll service providers and
employment agencies shall be on a cost-reimbursement methodology for actual eligible
expenditures.
Upon Ell's written request, the County Manager may change job titles and
compensation,not to exceed 10 percent per position and report said action to the Board.
Rent,as delineated on Exhibit Bl ,for 3510 Kraft Road, Suite 200,Naples,FL 34105,
shall be paid directly by the County.
Equipment and facility, as delineated on Exhibit B 1, may include,but are not limited
to, culinary utensils, equipment, pots, pans, kitchen items, materials, office furniture,
technology,labels and printers,lab equipment and items used in the laboratory,automated entry
system, software, signage and facility improvements at the Florida Culinary Accelerator @
Immokalee.
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10B
Actual expenditures eligible as a basis for reimbursement can and shall include
Personnel Costs for Ell personnel performing services described in Exhibit "A",rent for 3510
Kraft Road, Suite 200, Naples, FL 34105, and equipment and facility expenses. Ell shall be
entitled to compensation upon BCC approval of the Agreement, distributed as requests for
reimbursement are submitted for reimbursement of eligible expenses approved by the County,
beginning October 1,2018.
All payment requests shall be submitted in accordance with COUNTY procedures and
in a form acceptable to the COUNTY and Ell,as generally outlined in Exhibit "B," Method of
Payment and Budget Detail for Services, and Exhibit "C," Program Performance Report,
attached hereto and by reference made apart hereof. All payment requests by Ell to the
COUNTY shall be submitted with a completed Program Performance Report,Exhibit"C"and
Exhibit"D"Payment Record Chart in a form acceptable to the COUNTY and Ell,as generally
outlined and set forth in Exhibit"C," attached hereto and by reference made a part hereof.
Payments to Ell will be made as soon as possible,but in all circumstances within forty-
five(45)days of the date of the requests,in compliance with the Florida Prompt Payment Act.
If the COUNTY determines through its inspection or review that Ell has performed, or is
performing less than the total agreed upon services,then the COUNTY shall notify Ell in writing
specifying those services that it alleges have not been performed or fully performed and Ell shall
have thirty(30)days from receipt thereof to submit a then-current Program Performance Report,
which shall address such allegations in detail and/or shall meet with the appropriate
representatives of the COUNTY to discuss resolution thereof and cure or remedy any services
not fully performed. Upon failure thereof, the COUNTY shall be entitled to reduce payment
otherwise due for such services not fully performed on a pro-rata basis.
Ell shall submit its Program Performance Reports (Exhibit"C") at least monthly and a
year-end analysis, and any other required reports shall be submitted before October 15, 2019,
or earlier termination of this Agreement,or as provided otherwise elsewhere in this Agreement
or Exhibits.If Ell fails to comply with the requirements of this Article,the COUNTY may refuse
to honor or be liable for payment of any late request for payment,however the County Manager
or his designee may enlarge said reporting periods or deadlines as necessary.
ARTICLE V
MAINTENANCE OF RECORDS
Ell shall maintain such financial records and accounts, including invoices, purchase
orders and backup materials or documents that are reasonably deemed necessary by the Parties
to assure a proper accounting for all COUNTY funds for which the COUNTY is obligated to
reimburse Ell under the terms of this Agreement.
The aforesaid records and accounts shall be made available for inspection purposes at
reasonable times and upon reasonable notice during normal business hours and as often as the
COUNTY may deem necessary to verify reimbursements and any other financial records or
0
10B
matters covered by this Agreement.At the COUNTY's request,a COUNTY representative may
review the Business Income and Private Contributions records.Ell also shall provide timely and
reasonable access to Ell's Chairman of the Board, or his designee, at times convenient for the
COUNTY for the purpose of questions or explanations related to such records and accounts.Ell
shall retain for such inspection all of its records and supporting documentation applicable to this
Agreement for a period of five(5) State of Florida fiscal years from the date of the COUNTY's
Grant Agreement, SL007, with the Florida Department of Economic Opportunity ("DEO"),
when an audit report is issued, or five (5) State of Florida fiscal years after all reporting
requirements are satisfied between the COUNTY and the DEO and final payments have been
received, whichever is longer. In addition, if any litigation, claim, negotiation, audit, or other
action involving the records has been started prior to the expiration of the controlling records
retention period,as identified above,and the COUNTY has provided notice to Ell of such action,
the records shall be retained until completion of the action and resolution of all issues that arise
from it,or until the end of the controlling period,as identified above,whichever is longer.
Ell shall also:
1. Keep and maintain public records required by the public agency to perform the service,
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed, except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
Any exempt or confidential records withheld by Ell in a reasonable attempt to comply
with this provision,or excluded from any other section in this Agreement purporting to require
disclosure of such records, is not a breach of this agreement, unless such actions are in direct
contradiction to a written request from the COUNTY.
4. Upon completion of the contract,transfer,at no cost,to the public agency all public records
in possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically, except those exempt from disclosure under the terms of the Section 3 of this
Article V, must be provided to the public agency upon request from the public agency's
custodian of public records in a format compatible with the information technology systems of
the public agency.
108
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiarni Trail East,Suite 102
Naples,FL 34112-5746
Telephone: (239)252-8383
ARTICLE VI
INDEMNIFICATION
To the extent allowed by Florida law, Ell shall indemnify, defend, and hold COUNTY
harmless from all claims, suits,judgments, or damages to the extent the same arise from the
negligence or intentional misconduct of Ell in its activity as the Administrative Entity of the
Project pursuant to this Agreement.Ell's undertaking pursuant to this Article does not constitute
the COUNTY's consent or waiver of sovereign immunity or consent to be sued by third parties.
To the extent allowed by Florida law, COUNTY shall indemnify,defend, and hold Ell
harmless from all claims, suits,judgments or damages to the extent the same arise from the
negligence or intentional misconduct of COUNTY. COUNTY's undertaking pursuant to this
Article does not constitute waiver of sovereign immunity or consent to be sued by third parties.
The Accelerator Project is an important catalyst for economic diversification, job
creation and capital investment in COUNTY's economic development ecosystem. However,
obtaining and providing resources to entrepreneurs creates risks for the Accelerator Project.The
management of the Accelerator Project has been placed upon Ell under this Agreement. Ell's
management of the Accelerator Project's risks is an integral part of this Agreement. Ell agrees
to manage risks resulting from the Accelerator Project operations through oversight, by
obtaining a liability insurance policy approved by COUNTY, and utilizing participant forms
approved by the COUNTY,which requires participants to assume the liability and risk related
to their participation in the Accelerator Project's facilities,equipment,resources and materials.
Ell shall require all participants of the Florida Culinary Accelerator@ Immokalee to operate in
accordance with all state, local and federal statutes, regulations and food safety requirements
and to indemnify the COUNTY in the same manner provided herein above.
ARTICLE VII
TERMINATION
Termination at Will:This Agreement may be terminated at will by either party by giving
a minimum of thirty(30) days'prior written notice of such intent, specifying the effective date
thereof to the other party.
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108
Termination for Default: Each of the parties hereto shall give the other party written
notice of default hereunder and shall allow the defaulting party no fewer than five(5)days from
the date of receipt of such default notice to cure said default,or the minimum amount of time as
provided elsewhere in this Agreement, whichever is longer. In the event the defaulting party
fails to timely cure the default, the non-defaulting party may terminate this Agreement by
written notice to the defaulting party.
Upon termination all nonexpendable property, purchased under this Agreement using
Project Funds, shall be returned to COUNTY. The aforesaid termination notices, as well as all
other notices required herein, shall be considered received by Ell and the COUNTY if sent by
certified mail, return receipt requested, or by overnight personal delivery service requiring a
signature for delivery,and addressed as provided for in Article XXVIII of this Agreement.
ARTICLE VIII
EOUAL OPPORTUNITY CLAUSE
Ell agrees to abide by the provisions contained in Collier County CMA #5383, as
amended.
ARTICLE IX
STATEMENT OF ASSURANCE
During the performance of this Agreement, Ell assures the COUNTY that Ell is in
compliance with Title VII of the 1964 Civil Rights Act,as amended, the Florida Civil Rights
Act of 1992,as amended,and the Collier County Human Rights Ordinance(Ordinance No.00-
37), in that Ell does not, on the grounds of race, color, national origin, religion, sex, age,
handicap or marital status, discriminate in any form or manner against Ell' s employees or
applicants for employment. Further, Ell assures the COUNTY of Ell's compliance with the
Americans with Disabilities Act of 1990,as amended,as applicable.Ell understands and agrees
that this Agreement is conditioned upon the veracity of such statements of assurance.
Furthermore,Ell assures the COUNTY that it will comply with Title VI of the Civil Rights Act
of 1964 when federal grant(s) is/are involved. Other applicable Federal and State laws,
Executive Orders, and regulations prohibiting discrimination as hereinabove referenced are
included by this reference thereto. This statement of assurance shall be interpreted to include
Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability.
ARTICLE X
INSURANCE
Ell shall, procure and maintain throughout the period of this Agreement on behalf of
itself and COUNTY, a policy of insurance that shall be approved by the COUNTY and that is
consistent with Exhibit "E." County Manager or designee is authorized to update the insurance
i i
! OB ..1
requirements, as needed, and must subsequently provide a report to the BCC of the updates
granted,
All insurance shall be obtained from responsible companies duly authorized to do
'• business in the State of Florida. All liability policies shall provide that the COUNTY is an
additional-insured party as to the action of Ell, its employees, agents, assigns, and
subcontractors,performing or providing materials and/or services to Ell during the term of this
Agreement, and also shall contain a severability of interest provision. Every insurance policy
must provide for up to thirty(30)days'prior written notice to the COUNTY of any cancellation,
intent not to renew, or reduction in the policy coverage. Ell shall provide the COUNTY with a
Certificate of Insurance that documents such coverage within thirty (30) days of execution of
the Agreement by the COUNTY.
ARTICLE XI
CONFLICT OF INTEREST
Ell represents that it presently has no interest,and shall acquire no such interest,financial
or otherwise, direct or indirect, or engage in any business transaction or professional activity,
or incur any obligation of any nature that would conflict in any manner with the performance of
service required hereunder.
ARTICLE XII
DRUG FREE WORKPLACE
Ell shall administer, in good faith, a policy designed to ensure that Ell's employees,
agents and subcontractors are free from the illegal use, possession, or distribution of drugs or
alcohol.
ARTICLE XIII
GOVERNING LAW:VENUE
This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida,or the laws,rules,and regulations of the United States if Ell is providing services funded
by the U.S. government.Venue shall be in Collier County,Florida,or in the event such claim is
a federal cause of action, in the Federal District Court for the Middle District of Florida,Fort
Myers Division
•
ARTICLE XIV
COMPLIANCE
Ell shall comply with the requirements of all federal,state, and local laws,rules,codes,
ordinances and regulations pertaining to this Agreement.
10B
ARTICLE XV
ASSIGNMENT
Neither party may assign or transfer its rights or obligations under this Agreement
without the prior written consent of the other party.
ARTICLE XVI
HEADINGS
Article headings have been included in this Agreement solely for the purpose of
convenience and shall not affect the interpretation of any of the terms of this Agreement.
ARTICLE XVII
WAIVER
A waiver of any performance or default by either party shall not be construed to be a
continuing waiver of other defaults or non-performance of the same provision or operate as a
waiver of any subsequent default or non-performance of any of the same terms,covenants,and
conditions of this Agreement.The payment or acceptance of funds for any period after a default
shall not be deemed a waiver of any right or acceptance of defective performance.
ARTICLE XVIII
ADDITIONAL RIGHTS AND REMEDIES
Nothing contained herein shall be construed as a limitation on such other tights and
remedies available to the parties at law, or in equity, that may now or in the future be
applicable.
ARTICLE XIX
ORDER OF PRECEDENCE
In the event of any conflict between the provisions of the Articles of this Agreement
and the exhibits hereto,the contents of the Articles of this Agreement shall control over the
contents of the exhibits.
ARTICLE XX
SEVERABILITY
In the event any section, sentence,clause, or provision of this Agreement is held to
be invalid or illegal,the remainder of the Agreement shall not be affected by such invalidity
or illegality and shall remain in full force and effect.
(--45)
1 0 B
ARTICLE XXI
PROJECT PUBLICITY
Any news release pertaining to the services performed by Ell pursuant to this
Agreement must recognize the contribution of the BCC as a funding source.As a not-for-profit
corporation that receives public funding or non-monetary contributions through the COUNTY,
Ell shall recognize the COUNTY for its contribution in all promotional materials and at any
event or workshop for which COUNTY funds are allocated.In written materials,the reference
to the COUNTY must appear in the same size letters and font type as the name of any other
funding sources.
In addition, any development project announcement, ceremonial business opening, or
publicity event resulting from Ell ' s efforts, and particularly those projects induced with
COUNTY funded financial incentives or other contributions, will be planned in cooperation
with the COUNTY's Office of Business & Economic Development and Communications
Departments for purposes of coordinating the COUNTY's official COUNTY protocol and
public recognition.Prior notification to the two departments for such events will be no less than
15 working days whenever possible or practicable,and potential prospects will be made aware
of the COUNTY's publicity protocol before final inducement with any incentive packages or
contributions.
ARTICLE XXII
SURVIVABILITY
Any term, condition,covenant or obligation which requires performance by either
party subsequent to termination of this Agreement shall remain enforceable against such party
subsequent to such termination.
ARTICLE XXIII
THIRD PARTY BENEFICIARIES
This Agreement is for the benefit of the COUNTY and Ell.No third party is an intended
beneficiary so as to entitle that person to sue for an alleged breach of this Agreement.
ARTICLE XXIV
POLITICAL ACTION
Ell shall not engage,participate or intervene in any form of political campaign on behalf
of,or in opposition to,any candidate for political office.
108
ARTICLE XXV
MERGER•MODIFICATIONS
This writing embodies the entire agreement and understanding between the parties
hereto and there are no other agreements and/or understandings,oral or written, with respect to
the subject matter hereof, that are not merged herein and superseded hereby. This Agreement
may not be modified,amended,extended,or canceled,verbally or by conduct of the parties,but
only by a written instrument executed by the COUNTY and Ell. Similarly, no contract that
purports to affect the terms of this Agreement shall be valid,unless in writing and executed by
the COUNTY and Ell.
ARTICLE XXVI
NOTICES
•
All notices required or permitted to be given by a party under this Agreement shall be
in writing and sent to the other party by certified mail,return receipt requested,or by overnight
personal delivery service requiring a signature for delivery, and shall be addressed as follows:
If to the COUNTY: Collier County If to Ell:
Leo Ochs, County Manager,Collier County Jennifer Pellechio
3299 Tamiami Trail East, Ste.201 3510 Kraft Road, Suite 200
Naples,FL 34104 Naples,FL 34105
With a courtesy copy,not itself notice,
to:P. Christopher Wegner
Wegner Law PLLC
3510 Kraft Road, Suite 200
Naples,FL 34105
ARTICLE
XXVII
BUSINESS INCOME
The Accelerator Project is expected to generate Business Income, which includes,
income from service fees,rental fees,usage fees and other miscellaneous revenue generated by
the Accelerator Project's operations. Private contributions (in-kind,cash, services,etc.)will be
excluded from Business Income. Private contributions revenue may be expended by Ell for
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purposes determined by Ell without Board of County Commissioner approval. Private
contributions and matching expenses must be maintained separately from Business Income
records and may be reviewed by the County Manager or his designee upon request. This
information is considered confidential and will not become a part of the public records
documentation or County funded records. Business income will be managed, collected,
recorded, reported, and retained by Ell within the Accelerator Project. Business income is
considered unrestricted funds and will be used for program cash flow or allowable program
costs as detailed in the budget and Article IV.The use of business income will require a budget,
which shall be reviewed quarterly and approved by the Executive Committee of Ell's Board of
Directors, and will be approved by the County Manager or his designee. Travel allowance or
reimbursements shall be paid by Ell. Rent for 170 Airpark Blvd., #103, Immokalee, Florida
34142,shall be paid by Ell.At the termination of this Agreement,any unspent Business Income
and private contributions will be returned to the County or Ell's successor.
The establishment of an organization that maximizes business income to leverage the
County's financial commitment is paramount to the relationship created by this Agreement.
During the term of this Agreement,it is the intent of the parties that COUNTY funding be used
primarily for all expenditures reimbursable under the COUNTY's reimbursement policies,
whereas Business Income may be used or held in reserve until such time as it is required or
carried forward to the Project's next fiscal year. Ell's establishment of a Reserve Fund to meet
its future cash flow and capital requirements is authorized.
Ell's Board of Directors' Executive Committee shall approve quarterly reports that
account for Business Income and private contributions or in-kind private contribution, and the
minutes of this approval will be provided to the County Manager or his designee. The monthly
report on Business Income and private contributions or in-kind private contribution shall detail
Ell's progress toward the budgeted amount identified on Exhibit B 1. The Fiscal Agent is
authorized to seek BCC approval of an adjusted budget, revenue and expense, in response to
revenue shortfalls that are 70 percent of the quarterly targeted revenue budget calculated by
dividing the Business Income and the private contributions budget delineated in Exhibit BI by
4(fiscal-year quarters).
The USDA Rural Business Development Grant("RBDG")used to purchase equipment
at the Florida Culinary Accelerator @ Immokalee requires that a percentage of business income
generated from grant-funded equipment be used to create an equipment maintenance fund. Ell
agrees to account for and segregate the percentage allocated from business income for the
equipment maintenance fund and to submit these funds to the COUNTY monthly.
ARTICLE XXVIII
SUBCONTRACTS
Ell shall be responsible for all work performed and all expenses incurred for the Project
subject to reimbursement.
451
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(a) Eli may,as appropriate and in compliance with applicable laws,subcontract the
delivery of the services for the Project,provided,however,that Ell will be solely liable
to the subcontractor for all expenses and liabilities incurred during the contract subject
to appropriate reimbursement pursuant to this Agreement.
(b) Any and all subcontracts Ell executes for the Project shall include provisions
whereby Ell and the subcontractor agree to abide by all local,state and federal laws and
indemnify and hold harmless the COUNTY.
ARTICLE XXIX
BUDGET MODIFICATION
Modifications of the Ell Budget(Exhibit B) may only be made if approved in advance
by the County Manager or his designee and if such modification to the Ell Budget(Exhibit B)
exceeds Fifty Thousand Dollars then it will require an Agreement amendment approved by the
Board of County Commissioners.
ARTICLE XXX
PROCUREMENT POLICY
Ell shall provide the COUNTY with its approved procurement policy, which Ell will
maintain in compliance with its grantor agencies.
SIGNATURE PAGE TO FOLLOW
REMAINDER OF PAGE INTENTIONAL LEFT BLANK.
0
10
IN WITNESS WHEREOF, this Agreement was dated on the day and year first written above.
ATTEST: BOARD OF Cd T COMMIS .• E'S
CRYSTAL K.KINZEL CLERK COLLIER . ,FLORID/
( .„
By: . ,r"" r By: L -�
Attest as to Chairman's.DEP c�"' - ".NDY SOLIS,CHAIRMAN
signature only.
jeasApproval for form and legal:
Jennifer A. Belpedio
Assistant County Atto c>(Y \
ECONOMIC INCUBATORS,INC.
•
By:
Signature
Tvta csioC1,.,: *wr•
Print Name and Title
108
EXHIBIT A
SCOPE OF SERVICE
ORGANIZATION: Economic Incubators,Inc.
PROJECT:Naples Accelerator&Florida Culinary Accelerator @ Immokalee
1 �
OBJECTIVE: Project Administration
Performance Criteria
Ell shall only provide the supporting documentation identified herein below to substantiate the
following activities/accomplishments for reimbursement:
Deliverable 1: Maintain staff which shall be comprised of a Chief Operating Officer, Business
Specialist, Culinary Program Manager, Culinary Business Development Manager, and Facility
Maintenance Specialist, based on the FYI9 Compensation detail model included with this
Agreement. Progress and completion of this deliverable will be evidenced by providing the
COUNTY with a Request for Payment Form,and Payment Record, Exhibit C, Exhibit D which
includes payroll reports and bank transaction report.
Deliverable 2: Administer the Project as evidenced by generating and providing the COUNTY
with a cover letter prepared monthly by Ell's bookkeeper that identifies overall positive and
negative financial conditions. Ell's bookkeeper also will provide accurate monthly financial
statements, including a monthly and year-to-date Statement of Activity, monthly Statement of
Financial Position, General Ledger(GL), Statement of Cash Flows, aging reports for Accounts
Receivable (AR), Accounts Payable(AP), and bank statements. Monthly & Quarterly financials
are to be submitted by the 30th of the following month.
Deliverable 3: Demonstrate utilization of accelerator program assets as evidenced by providing
executed Participant User Agreements (PUAs) quarterly. The Naples Accelerator shall meet the
budgeted revenue targets as identified in Exhibit B. In addition to the monthly report required by
Deliverable 4, a quarterly report of progress toward meeting the annual revenue target shall be
submitted to the COUNTY.
Deliverable 4: Monitor and report progress towards meeting revenue goals as evidenced by
providing a report that compares estimated revenues with actuals and an updated annual projection
by the 30th of the following month.
Deliverable 5: Prepare and submit an updated draft business plan for the Accelerator Project. A
draft for review and comment will be provided to Fiscal Agent by December 31 , 2018,with the
final updated business plan to be submitted no later than one week before the Board's second
meeting of January,2019.
Deliverable 6:Timely submit IRS Form 990 Return of Organization Exempt from Income Tax to
the IRS with a copy to the COUNTY within one week of filing with the IRS.
10B
} Deliverable 7: Provide a quarterly report of accomplishments to the COUNTY with an biannual
report prepared for the BCC and an annual accomplishment report in compliance with Section
123.045(4),F.S.to COUNTY on an annual basis within forty-five(45)days of the end of the term
of this agreement.
Deliverable 8: Ell shall provide the COUNTY with its FY 2019 fundraising plan, by March 1,
2019,which contemplates achievement of the budgeted annual private contributions.
Deliverable 9: Maintain a search-engine optimized website which identifies the relationship with
the COUNTY created by this agreement,and monitor analytic reports on its usage,as evidenced
by the submission of quarterly analytic reports.
10B
Eoononik Incubators km.
2019 Budget 6 Revenue Mute f1$Indetd0K Use(AMMO CantrIbutIoni
4011/
02010 Oudot ( a19114/0.dp 1
•
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13
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1110010010,00etws!urns SV0/0M I OLIN f 40.70$ $ 0)04 f • f 117.110
Primo/14.04010 S.400+.000n 014041011 30.010 14000 •Interestiiisc 04141/011 • 110.000
Der.0.000 0.0001000010 a+war..per s.rr+ ngErm is:"::74711 I3 s:'.121.I (s zF.;r•.:;:,A 1:::,; :-/07.010 I
mamma arOnrA44rwrts 'mons PAR 10511 • 140701
4,001000400103 Td OM 21011010100 1410410211 s t I$;:Fi;3:.:'t40,I Is%,::::::.:I Is V2:::,,I.;::.( ..
.tryy�_;. 'C� ' v
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OmTer Munn C)• moderem •
100.007 1000000 Sdw000/ae10 a • 210.71 • 17440 40414
6m0eer4ee M Nene 1550/0000001.000114 K • 000 • 40 3.201
Coady Disci Pay 01401 M 703.170 207.011
Oder Owning,Menet tens(Ulla Cwnrq CC
tearMengelKirin I{,:�''::":teary rrigtri ritt __in.
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tamer Sunk,Umbetien 04010714 ,11 11 11{1 111 1,-
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C.n0ee0•1•e en Nr. 00f10/19/011 • 400 • MB woo
MO Guam 11$10 Ink Reed) C40V11l07M 41000 - 201021
10000e0/740100r10eroe 01//1/031011 t7���.,.� ���� -7 � � r��sy^y�5 ' t-r -�_. e^...7�
5.40.01!•00000 000r00 400001 'WEE 13$iw.lE] 4:M?1 erZ•eeeeKI 43_..Z1NOid.7
Sebes 0wrethemee F014 0Ma0m0r
tweet but MGads Sell simian' - . LW 1,544
Nrlyew swoon, 11410 4117 • 77.003
Ilehe0e101 seeder 3.f..Demi Tab 040110104 - - 71,000 73.010
De•Gµr(106460.00 000010.10141.1 01404101$ 1.400 14.140 • 31140
Ceeneme•.l Medea pt,dunda5.mount 10001 WWOTN 4.000 O.9$ 13.000
anprysshea•0etabd 01011/0N1 1000 0.000 • 12.040
Mem.0 ennesn3. 0113W'M ML000 14300 509$
0404 Shoe 01111005y008 Mb MOWN 4141 4.141
0111.,$.33ses imam SN LIN - 2.700
karma*Es01•e• 01/0110714 1,300 2.(40 - 10.000
0¢014000.0 Noma MOWN 301 7.240 - 4.100
7ee04 01401/001 - • IMO 3.040
0a01000M00..011a /301/011 3.400 1.300 10.210
M40rk14/MM01i0 0413410211 13.001 17000 . 01.40
0104il aKereemew Inds. 11/100T1 5.0700 3.040
sdlinC RSM 01031071 2400 49$ 0.10
Moen W 4-es 13041040 7.200 300 • 3310
CVO•SN0NIMM. 1MN/OM • 300 300 000
Out Mule 00'W 01401/0111 • 120 Me 410 ,
0•43 Wa e40.W.1 Ow 14140/011 1000 5.44
nneme Mile 04101/001 • 1.10 3.200
A4ed.ledt+/sr>nee(N.m ehub MOWN
Samna-luau=1are -44 Mend bream ® 1:31 1,02.60,1 3* Iil 3. �m
h!' ?2ai171'�
Ta e1O0.ee�Were f0/".�.r--.r] ��E-Wi�t:.1.10/& 1 "` S8. Sater. 4
•
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000/10 1130 1000 1370 031
Mn000 1501) 131.0001 (2.253) 14073
Oryrai.id0Lww 0010111 1714001 11050/01 )04} 1154915)
040100001e0910M0bfamee s MEE MEM IKEA@ I$ - 1 131
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•1141010 4.1i107arr lett
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EXHIBIT B1
Project Budget of County Funding FY 2019
ORGANIZATION: Economic Incubators,Inc.
PROJECT:Naples Accelerator&Florida Culinary Accelerator @ Immokalee
Budget Category Uses Notes Project Budget County
Funding FY 2019
Compensation $394,971
Cell Phones for Business $1,200
Rent(3510 Kraft Road,Suite
200,Naples,FL 34105) $203,829
Equipment&FacilityFlorida
Culinary Accelerator @a
Immokalee) $0
Total County Funding $600,000
f 'I
{
I I
C�b�
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Exhibit 62
Economic Incubators Inc.
FY 2019 Componeatlon Budget
Havel Veer Ending September 30,2019
Ittnual:a mountii`+Md:.lnilyasec.
- F ,y.'� , :, ^" Current Salary Annual
- xr Q1 ' Y7..
Ppiaas , 3 ; x ,5 Primary Hire Salary Increase Salary
,: J ; tir�� r*- =-- Location Data FY 2018 FY2019 FY 2019
President/CEO(Vacant) Naples TBD - 2.0% -
thieef Operating Officer Naples 6/1/16 92,610 2.0% 94,462 •
Business Specialist Naples 10/1/15 41,160 2.0% 41,983
Total Naples $ 133,770 $ 136,445
e,,
• .
Culinary Business Development Manager Immokalee 2/1/18 63,889 1.3% 64,733
Culinary Program Manager Immokalee 2/1/18 78,000 1.3% 79,030
Fadlities Maintenance Specialist Immokalee 3/1/18 40,000 1.2% 40,467
Total Immokalee 181,889 $ 184,230
Grand Total $ 315,6S9 $ 320,675
'r'4':_ "•4ep3 ' •`Y 4 4" :> :---.'--=',''Na
es
Naples t.
33,443 34,111
lmmokalee 45,472 46,058
Total $ 78,915 $ 80,169
Naples 167,213 170,556
Immokalee 227,361 230,288
Total Compensation $ 394,574 $ 400,844
Naples 167,213 164,683
Immokalee 227,361 230,288
Total Compensation $ 394,574 $ 394,971
(i)Prorated based on Mredate tog/30/18.
•
0
108
Exhibit B3.1
Naples Accelerator
Revenue Assumptions
FY 2019 Budget
Naples Accelerator
Co-Working Space
Rentable Units 25
Potential Revenue Year/Month $ 37,500
Occupancy Rate 50.0%
Total Gross Revenue $ 18,756
Rent Promotion Discount 0.0%•
Total Co-Working Space,Net
Dedicated Desk
Rentable Units 6
Potential Revenue Year/Month $ 18,000
Occupancy Rate 40.0%
Total Gross Revenue $ 7,200
Rent Promotion Discount 0.0%
Total Co-Working Space,Net x•� 6i!
Half Office
Rentable Units 20
Potential Revenue Year/Month $ 144,000
Occupancy Rate 40.0%
Total Gross Revenue $ 57,600
Rent Promotion Discount 0.0%
Total Half Office, Net :;:_- T : a
Full Office
Rentable Units 6
Potential Revenue Year/Month $ 66,600
Occupancy Rate 40.0%
Total Gross Revenue $ 26,640
Rent Promotion Discount 0.0%
Total Full Office, Net
Double Office
Rentable Units 2 EI
Potential Revenue Year $ 42,000
Occupancy Rate 50.0%
Total Gross Revenue $ 21,000
Rent Promotion Discount 0.0%
Total Double Office,Net 2$ r w :,IQO
Net Revenue
Co-Working Space $ 18,756
Virtual&Reserved 7,200
Half Office 57,600
Full Office 25,640
Double Office 21,000
04.- M
Total Net Revenue
108
Exhibit B3.2
Immokalee Accelerator
Revenue Assumptions
FY 2019 Budget
Immokalee
Stations: 4
Hours Per Day 8
Work Days Per Month/Year 255
Total Potential Billable Hours 3,392
Starting Hourly Rate $ 25.00
Price increase 0.0%
Hourly Rate $ 25.00
Potential Revenue Month/Year $ 204,000
Occupancy Rate 24.6%
Total Stations {. +D
Storage Rental Income:
Storage Units 5
Starting Monthly Rental $ 40.00
Price Increase 0.0%
Monthly Rate $ 40.00
Potential Revenue Month/Year $ 2,400
Occupancy Rate 31.7%
Total Cold Storage
Cold Storage Rental Income:
Storage Units 8
Starting Monthly Rental $ 220.00
Price Increase 0.0%
Monthly Rate $ 220.00
Potential Revenue Month/Year $ 20,960
Occupancy Rate 30.0%
Total Cold Storage
University of Florida Food Lab:
Number Studies 24
Price Per Study $ 150
Total Revenue 11
Total Immokalee Revenue ' 60
Printed 8/24/18 7:47 AM Page 1/1
108
EXHIBIT C
PERFORMANCE REPORT
ORGANIZATION: Economic Incubators,Inc.
PROJECT: Naples Accelerator&Florida Culinary Accelerator @ Immokalee
REPORT PERIOD THROUGH
1. ACCOMPLISHMENTS:
Deliverables and Supporting Documentation
Deliverable 1:Maintain staff which shall be comprised of a Chief Operating Officer,Business
Specialist, Culinary Program Manager, Culinary Business Development Manager, and
Facility Maintenance Specialist,based on the FYI9 Compensation detail model included with
this Agreement. Progress and completion of this deliverable will be evidenced by providing
the COUNTY with a Request for Payment Form, and Payment Record,Exhibit C,Exhibit D
which includes payroll reports and bank transaction report.
Deliverable 2: Administer the Project as evidenced by generating and providing the
COUNTY with a cover letter prepared monthly by Ell's bookkeeper that identifies overall
positive and negative financial conditions. Ell's bookkeeper also will provide accurate
monthly financial statements, including a monthly and year-to-date Statement of Activity,
monthly Statement of Financial Position, General Ledger (GL), Statement of Cash
Flows, aging reports for Accounts Receivable (AR), Accounts Payable (AP), and bank
statements. Monthly & Quarterly financials are to be submitted by the 30th of the following
month,
Deliverable 3: Demonstrate utilization of accelerator program assets as evidenced by
providing executed Participant User Agreements (PUAs) quarterly. The Naples Accelerator
shall meet the budgeted revenue targets as identified in Exhibit B. In addition to the monthly
report required by Deliverable 4, a quarterly report of progress toward meeting the annual
revenue target shall be submitted to the COUNTY.
Deliverable 4: Monitor and report progress towards meeting revenue goals as evidenced by
providing a report that compares estimated revenues with actuals and an updated annual
projection by the 30th of the following month.
Deliverable 5:Prepare and submit an updated draft business plan for the Accelerator Project.
A draft for review and comment will be provided to Fiscal Agent by December 31 , 2018,
with the final updated business plan to be submitted no later than one week before the Board's
second meeting of January,2019.
10B
Deliverable 6: Timely submit IRS Form 990 Return of Organization Exempt from Income
Tax to the IRS with a copy to the COUNTY within one week of filing with the IRS.
Deliverable 7: Provide a quarterly report of accomplishments to the COUNTY with an
biannual report prepared for the BCC and an annual accomplishment report in compliance
with Section 123.045(4),F.S. to COUNTY on an annual basis within forty-five (45) days of
the end of the term of this agreement
Deliverable 8: Ell shall provide the COUNTY with its FY 2019 fundraising plan, by March
1,2019,which contemplates achievement of the budgeted annual private contributions.
Deliverable 9: Maintain a search-engine optimized website which identifies the relationship
with the COUNTY created by this agreement, and monitor analytic reports on its usage, as
evidenced by the submission of quarterly analytic reports.
I I. PROBLEMS ENCOUNTERED:
II
a
(
108
EXHIBIT D(Sample)
PAYMENT RECORD CHART FOR Ell AGREEMENT
Budget Approved Current Amounts Reimbursement YTD Remaining
Categories Budget Request Requested Submission Request Balance
but not Date
reimbursed
10B
EXHIBIT E
INSURANCE REQUIREMENTS
Eli's Liability Insurance:
Ell shall procure and maintain in force such insurance as will protect it from claims under Workers'
Compensation laws,disability benefit laws,or other similar employee benefit laws from claims for damages
because of bodily injury,occupational sickness or disease,or death of its employees,including claims insured
by usual personal injury liability coverage;claims for damages because of bodily injury,sickness or disease,
or death of any person other than its employees including claims insured by usual personal injury liability
coverage; and claims for injury to or destruction of tangible property, including loss of use resulting
therefrom,any or all of which may arise out of or result from Ell's operations under the Agreement,whether
such operations be by Ell or by any subcontractor or anyone directly or indirectly employed by any of them
or for whose acts any of them may be legally liable.This insurance shall be written for not less than any limits
of liability specified in the Agreement or required by law,whichever is greater,and shall include contractual
liability insurance. Ell will file with COUNTY a certificate of such insurance,acceptable to the COUNTY.
These certificates shall contain a provision for cancellation as found in Paragraph 5 of Section B immediately
below.
Insurance Required:
A. General
Ell shall procure and maintain insurance of the types and to the limits specified in paragraphs B(I)
through (4) below. All insurance policies under this Agreement shall include the COUNTY, its
officers and employees as an additional insured. Ell's coverage shall be primary to the County's
policy.All policies shall provide for separation of insured's interests,such that the insurance afforded
applies separately to each insured against whom a claim is made or a suit is brought.
B. Coverage
Ell shall procure and maintain in force during the life of this Agreement the following types of
insurance coverages written on standard forms and placed with insurance carriers approved by the
Insurance Department of the State of Florida.The amounts and type of insurance shall conform to
the following requirements:
1. Workers'Compensation-Eli shall procure and shall maintain during the life of this Agreement the
appropriate types of Workers'Compensation Insurance for all its employees engaged in work under
this Agreement,in accordance with Section 440,Florida Statutes.If any class of employee engaged
in hazardous work under this Agreement is not protected under the Workers'Compensation statute,
Ell shall provide employer's liability insurance for all said employees.
10B
EXHIBIT E(CONTINUED)
Employer's Liability
Limit each accident Not Applicable(N/A)
Limit disease aggregate N/A
Limit disease each employee N/A
2. Commercial General Liability-Coverage must be afforded on a form no more restrictive than the
latest edition of the Commercial General Liability Policy filed by the Insurance Service office,with
limits of not less than those listed below,and must include:
General Aggregate/Bodily Injury/Property Damage $1,
Products and completed operations N/A
Personal and advertising injury N/A
Each occurrence 1,000,000
Fire damage(any one fire) N/A
3. Business Automobile Liabili ty- If Ell owns an automobile,coverage must be afforded on a form
no more restrictive than the latest edition of the Business Automobile Liability Policy filed by the
Insurance Service office,with limits not less than those listed below,and must include:
Business Auto,hired and non-owned vehicles$500,000.
4. Professional Liability: $N/A per claim
5. Certificate of Insurance and Copies of Policies-Certificates of Insurance will be furnished by Ell
that evidence the insurance coverage specified in the previous paragraphs B(1)through(4)inclusive,
and upon request of the COUNTY, certified copies of the policies required shall be filed with the
Insurance Claims and Management Department of the COUNTY. The required Certificates of
Insurance not only shall list additional insured described above,for the operations of Ell under this
Agreement (excluding the Workers' Compensation and professional liability policies), but shall
name the types of policies provided and shall refer specifically to this Agreement. If the initial
insurance expires prior to the expiration of this Agreement,renewal Certificates of Insurance shall
be furnished thirty(30)days prior to the date of their expiration.
Cancellation - Should any of the above-described policies be canceled or not renewed before the stated
expiration date thereof,insurer will not cancel same until up to thirty(30)days after prior written notice has
been given to the below-named certificate holder. This prior notice provision is a part of each of the above
described policies.
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EXHIBIT F
COLLIER COUNTY CMA#5383
EQUAL EMPLOYMENT OPPORTUNITY(EEO)
[Effective Date: March 17, 1999 (Revised: October 1,2001;Revised: October 1, 2003;Revised: May
1,2009)1
§5383-1.Purpose.
The purpose of this Instruction is toprovide for the implementation of an
P p p equal employment opportunity(EEO)
procedure authorized by the County Manager.
§5383-2.Concept.
It is the practice of the County to ensure that all Human Resources procedures are in compliance with state and
federal law. The County prohibits discrimination as defined by state and federal law.
A. All Human Resources practices, including compensation, benefits, discipline, safety, as well as social and
recreational activities will be administered and conducted in compliance with state and federal law.
B. Recruitment, selection,placement,promotion,transfer,training,reduction in force and layoff decisions will
be based on factors including the candidate's/employee's job-related qualifications and abilities. Seniority
may be considered as a factor given other factors are equal.
C. An outreach program may be utilized to recruit, hire and ensure advancement of qualified minority group
members,women, disabled individuals and veterans.
D. Collier County government will take necessary steps to ensure that the work environment is free of unlawful
discrimination or harassment.
E. The County will continue to review its Human Resources procedures to ensure that its supervisors and
managers adhere to its commitment to equal employment opportunity(EEO)principles.
F. Employees who have EEO-related questions,comments or complaints are encouraged to discuss them with
their Supervisor.If they are unable to resolve the situation through their Supervisor,they may discuss it with
their Department Director, Division Administrator or a representative from the Human Resources
Department.The employee may also utilize the Commitment to Fair Treatment Procedure.
§5383-3.Currency.
The Human Resources Department is responsible for maintaining the currency of this Instruction.
5383-4.Reference.
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Collier County Personnel Ordinance, Ordinance No. 2001-50: Equal Employment Opportunity: It is the policy
of Collier County to ensure that all Human Resources policies and practices are administered without regard to
race, color,religion,sex,age,national origin,physical or mental handicap,or marital status.
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EXHIBIT G
ROLE AND RESPONSIBILITIES OF ADMINISTRATIVE ENTITY
The following are delineated for purposes of aligning the respective roles and responsibilities of the parties.
Under no circumstances will these items be considered part of the Scope of Services or Deliverables as
prerequisites for reimbursement, however, the Fiscal Agent is authorized to seek BCC approval of an
adjustment to Ell's budget or responsibilities should Ell fail to fulfill its role and complete the
responsibilities delineated below:
Ell staff shall perform quarterly reviews of Accelerator Project participant job creation or capital
expenditure or venture investment plans. Ell shall require attestations and supporting documentation
showing job creation and capital expenditure or venture investment by participants. The COUNTY will
provide the form of attestation and list of acceptable supporting documentation.Providing attestations and
supporting documentation will be required for participants in the Accelerator Project and advised of this
requirement before approval to participate in the Accelerator Project. Ell shall have the following
responsibilities related to attestations and supporting documentation; 1)insure that participant's agreements
clearly articulate the participant's duties to provide job-creation and investment data, attestations and
supporting documents; 2) in coordination with the COUNTY, meet quarterly with participants to gather
job-creation or capital expenditure or venture investment plans,attestations and supporting documentation;
3)timely submit a quarterly report, attestations and supporting documentation on a form provided by the
COUNTY(sample attached).
Ell shall achieve and maintain tax-exempt status as a Florida not-for-profit and IRS 501(cX3). Ell will
maintain good standing with the Florida Secretary of State and corporate formalities under Florida law.
The Board of Directors of Ell(serving as the Administrative Entity)shall exercise executive oversight over
the Project. Ell, as the Administrative Entity, would provide all required administrative support and
management functions collaboratively with the staff,who would generally be responsible for: managing
operations; implementation of the Business Plan;providing Project services; and maintaining compliance
with grant requirements.
Ell shall account for the business income from the Florida Culinary Accelerator@ Immokalee. Equipment
for the Florida Culinary Accelerator @ Immokalee was funded by a USDA grant. Ell will retain a
percentage of business income,set aside for equipment maintenance,generated from the Florida Culinary
Accelerator@ Immokalee and the set aside for equipment maintenance,shall be remitted monthly to Fiscal
Agent,consistent with the USDA grant requirements for equipment maintenance.The assets purchased by
the USDA grant shall be used for the RBDG's stated purposes only.
Upon request by the County Manager or his designee,Ell's accountant shall provide a quarterly report of
actual-to-budget that identifies budget variances exceeding 10 percent,and their contributing factors.
Ell will maintain an inventory of capital and non-capital equipment and will provide the inventory when
requested by the County Manager or his designee.
10B
EXHIBIT H
ROLE AND RESPONSIBILITIES OF THE FISCAL AGENT
The COUNTY,as a public entity,has responsibilities for funds received by it from State or Federal sources and for
funds dedicated by the COUNTY for economic development.
The Fiscal Agent shall provide the oversight and policy direction for the Project.
The Fiscal Agent shall have final oversight and approval of the Project budget, wherein budgetary advice was
provided by the Administrative Entity based on Ell's proposed budget.
In the event that the Administrative Entity commits resources or enters into a contract and the Administrative Entity'
s proposed budget or the approved budget has that line item removed or reduced,then the Fiscal Agent shall give at
least thirty (30) days' written notice of said action to prevent a negative fiscal event for the Administrative Entity.
Should a negative fiscal event be created by a line item removal or reduction in the budget,the Fiscal Agent agrees
to be responsible for the negative fiscal impact or reimburse the Administrative Agent for the negative fiscal event.
The Fiscal Agent shall propound the audit requirements for the Agreement.
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SAMPLE
Collier County Board of Commissioners Department
of Economic Development COLLIER COUNTY SOFT
LANDING ACCELERATOR
Progress Report:
Contract No.:S1_007
Contract Term: July 1,2014—June 30, 2019
Reporting Requirements:
This report is submitted in accordance with the terms and conditions of the SLOO7 State of Florida Department of Economic
Opportunity Grant Agreement,as detailed in Attachment 1(2)(f)of the agreement.
Project Description:(Full description found within Attachment 1.1 Scope of Work)
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).
Positive Return of Benefits:(Full description found within Attachment 1.2.g)
The return on benefits has been met and progress continues,with the contract term ending
June 30,2019.
Item Item Progress for the Period:
i. The number and types of companies
recruited to Florida that have
created high-value employment
opportunities
Il. 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 who
stay in the region and build their own
businesses as a direct result of
accelerator activities
v. Progress made toward completion of
the return of benefits described In The return on benefits has been met and progress continues,with the
Exhibit A to this Scope of Work. contract term ending June 30,2019.
."a
10B
STATE OF FLORIDA ) REPORTING PERIOD:
COUNTY OF COLLIER )
ATTESTATION
Accelerator participant name(full registered business name):
I,the undersigned,being first duly sworn,do hereby state that the following facts are true:
1. I am over the age of 18.
2. I have personal knowledge of the facts herein.
3. Capital Expenditures.
0 There have been no changes since the last reporting period.
To the best of my knowledge,information and belief,my business had$ in capital expenditures for this period. This
amount is represented on the documents listed below,which I have attached.A purchase qualifies as a capital expenditure if it
has all of the following: a)the participant/accelerator affiliate entity owns or controls the asset,which has a measurable future
economic value;b)the asset has an estimated useful life of greater than 12 months;c)the asset is not used for resale directly to
participant/accelerator affiliated entity's customers;and d)the asset is not purchased for inventory to be used in production of
the participant/accelerator affiliated entity's products.This amount is represented on Form 4562 and the balance sheet.
IRS Form 4562 and balance sheet attached.
4. Venture Investment.
❑ There have been no changes since the last reporting period.
To the best of my knowledge,information and belief,my business had$ in venture investment for this period. This
amount is represented on the documents listed below,which I have attached:
Subscription agreements that represent venture investment.Provide the cover page,showing amounts and parties of
an agreement,with the signature page(other pages are not necessary);and
Canceled checks or proof of wire transfer for funds received(account numbers redacted/blacked out);and
Bank account statements(account numbers redacted/blacked out).
5. Jobs.
❑ There have been no changes since the last reporting period.
To the best of my knowledge,information and belief,my business created or maintained Florida-based job(s),including
my own,at ANY time for this period.I have attached a list of individuals and their dates of service/work. These jobs and
job-year equivalents can be identified on the attached documents:
FL UCT 6 Form(redact/black out Social Security numbers and amounts,but NOT the employer's EIN or employer's
name);or
Form 1099, Miscellaneous Income&Independent Contractors, if you use independent contractors(redact/black out
Social Security numbers and amounts,but NOT the employer's EIN or employer's name);or
Schedule K-1, Partner's Share of Income, Deductions, Credits, etc., (redact/black out Social Security numbers and
amounts,but NOT the employer's EIN or employer's name).
:are ---
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Joint-Venture agreements that identify Florida-based jobs arising from joint-1 the
agreement needs to be provided to identify the parties involved and the number of jobs). �` /
6.Foreign-Direct Investment,
❑ There have been no changes since the last reporting period.
To the best of my knowledge,information and belief,my business took advantage of instances of foreign-direct
investment totaling$ for this period.Please provide documents to substantiate this.
7.Export Opportunities.
0 There have been no changes since the last reporting period.
To the best of my knowledge, information and belief, my business took advantage of export opportunities totaling$
for this period. Please provide documents to substantiate this.
The undersigned certifies the information provided in this attestation are true to the best of my knowledge.
Dated:
Company principal
Sworn to or affirmed and signed before me on ,2018,by , who is known to
me,or produced a Florida Driver's License as identification.
Notary Public
Printed Name:
My Commission Expires:
Commission#
I,Jennifer Pellechio,COO of the Naples Accelerator,certify the information provided herein involving job creation to the best
of my knowledge.
Date:
Sworn to or affirmed and signed before me on , 2018, by Jennifer Pellechio, who is known to me, or
produced a Florida Driver's License as identification.
Notary Public
Printed Name:
My Commission Expires:
Commission#