Agenda 05/12/2020 Item #11B (FGCU School of Entrepreneurship and the Collier County Accelerator Project)Proposed Agenda Changes
Board of County Commissioners Meeting
May 12, 2020
Continue Item 11B to the May 26, 2020 BCC Meeting:
Recommendation to approve and authorize the Chairman to sign an
Agreement with the Florida Gulf Coast University School of
Entrepreneurship for programmatic support to the Collier County
Accelerator project, in the annual amount of $377,651.29 and
authorize the necessary budget amendments. (Commissioner
Taylor’s request)
Continue Item 16A2 to the May 26, 2020 BCC Meeting: Recommendation to accept a multi-
way stop warrant study and approve the removal of a two-way stop control at the intersection of
Manatee Road and Roost Road, for a cost of approximately $400 (Cost Center 163630). (Staff’s
request)
Time Certain Items:
Item 11A to be heard immediately following Item 2A
Note:
Item 11E a separate presentation on the COVID-19 response in Immokalee is scheduled to be heard
at 11:00 a.m. (Commissioner Saunders’ request)
5/12/2020 8:40 AM
05/12/2020
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign an Agreement with the Florida
Gulf Coast University School of Entrepreneurship for programmatic support to the Collier County
Accelerator project, in the annual amount of $377,651.29 and authorize the necessary budget
amendments.
OBJECTIVE: To enable Florida Gulf Coast University’s (“FGCU”) School of Entrepreneurship
(“SOE”) to provide entrepreneurial programming and mentorship for entrepreneurs participating in the
Naples Accelerator Program.
CONSIDERATIONS: On September 13, 2013, the Board approved Agenda Item 11.C, the Office of
Business & Economic Development's FY 14 Business Plan, which includes a goal of developing a
Business Accelerator program. Policy direction from the Board at its November 26th and December 10,
2013 meetings, culminated in the Board’s eventual approval of the Collier County Innovation Accelerator
Business Plan on May 13, 2014.
The Naples Accelerator was managed by Economic Incubators, Inc. (“EII”), a contract partner that also
eventually operated the Culinary Accelerator @ Immokalee, following Board approval of an
administrative contract at its November 18, 2014 meeting (Agenda Item 11.C). FY 2018 was the last year
that EII maintained a full complement of staff and operated the program at their full capacity. In FY 2018,
the EII budget for the Naples Accelerator was $719,526.
That arrangement continued until the Board terminated its relationship with EII at the Board’s July 9,
2019 meeting (Agenda Item 16.F.7). At that time, the Board directed staff to pursue an agreement with
FGCU for operation of the Naples Accelerator. In the interim, the facility has been operated on a limited
basis by repurposed staff of the Office of Business & Economic Development. The limited capacity was
implemented while pursuing an agreement with FGCU at a net cost of approximately $441,747.
Since July 2019, County staff has worked with FGCU to integrate the Naples Accelerator programming
into the larger regional partnership being pursued with the university. Staff and FGCU personnel have
designed a programmatic effort that will add a structured, time-limited program for Accelerator
participants where they are initially vetted before acceptance to the Accelerator program and have a
program designed to take the business through to a capital pitch with resettlement of operations outside of
the Accelerator in Collier County.
Under the Agreement, FGCU will provide entrepreneurial programming and mentorship for entrepreneurs
participating in the Naples Accelerator Program. Programming will include training modules covering
certain areas of entrepreneurship such as the lean startup process, technology and innovation, business
modeling, venture launch and growth, venture capital, and other critical tools and skills for entrepreneurs
based on the needs of entrepreneurs at the Naples Accelerator.
Modules will consist of virtual training sessions that entrepreneurs can access at any time during the
program to help them learn critical skills and tools used by successful entrepreneurs. These online
offerings are tailored to entrepreneurs at the Naples Accelerator. There are currently six distinct modules
the SOE can offer, which will expand to nine within the next year. In conjunction with each module, the
SOE will offer in person or virtual office hours for entrepreneurs renting space at the Naples Accelerator.
These live one-on-one sessions will be facilitated by an SOE faculty and entrepreneurs will be able to ask
specific questions related to their individual businesses. Timing for office hours will be scheduled based
on the needs of entrepreneurs at the Naples Accelerator.
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Current Module Offerings:
1- Entrepreneurship and Creativity
2- New Venture Launch
3- New Venture Growth
4- Technology and Innovation
5- New Venture Capital Management
6- Social Entrepreneurship:
Future Module Offerings:
:
7- Innovative Decision Making
8- Innovation by Design
9- Founder’s Dilemma
Mentorship, which is paired with each module, will take place through in person and virtual office hours,
where SOE faculty and staff will meet with entrepreneurs at the Naples Accelerator on an individual (or
company) basis to answer specific questions related to their companies.
Staff has further realigned personnel within the County’s purview in anticipation of the FGCU program,
as well as reduced other expenses in the economic development budget. Due to this, the cost of the FGCU
program can be added to the Naples Accelerator for operation at a net cost of $594,588 as summarized in
the backup material.
Naples Accelerator
FY18 (EII full program) $ 719,526
FY20 (County limited program) $ 441,747
FY20 (revised w/FGCU full program) $ 594,588
After the Accelerator program is successfully transitioned to programmatic operation by FGCU, the
university will seek to provide additional programmatic elements at the Accelerator facility, including the
FGCU Complete and Renaissance Programs. Staff envisions future opportunities to expand the
relationship between the University and County and continue to build on future workforce development
initiatives, job creation, and overall diversification of the economy.
The attached proposed Agreement provides that before expiration of the Kraft Center lease in October
2020, the parties agree to pursue a mutually acceptable location (new or existing) to host these programs
and activities.
FISCAL IMPACT: The first year of the FGCU Agreement amount is $377,651.29. Upon execution of
the necessary budget amendments, budget will be available within Economic Development Fund (007),
which is comprised of proceeds from the local government share of revenue sharing from gaming
proceeds pursuant to the agreement between the State of Florida and the Seminole Tribe.
Through an effective staff reorganization and identification of budget efficiencies within the County’s
Economic Development program, the FGCU program can be added at the Naples Accelerator while still
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05/12/2020
reducing the overall projected FY20 Economic Development budget from $2,000,000 to $1,886,034.
With the FGCU addition, the overall Accelerator operating budget is at a cost savings to the prior contract
operator when fully staffed for program delivery.
GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic
Element of the Collier County Growth Management Plan which states: “Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County’s economic base.”
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: That to approve and authorize the Chairman to sign the attached Agreement
with the Florida Gulf Coast University Board of Trustees for programmatic support to the Collier County
Accelerator project, through FGCU’s School of Entrepreneurship, in the annual amount of $377,651.29
and authorize the necessary budget amendments.
Prepared by: Sean Callahan, Executive Director, Corporate Business Operations
ATTACHMENT(S)
1. Naples Accelerator Agreement 4.30.20 (PDF)
2. Accelerator Budgets FGCU (PDF)
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05/12/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B
Doc ID: 12323
Item Summary: ***This item to be heard immediately following Item 11A*** Recommendation
to approve and authorize the Chairman to sign an Agreement with the Florida Gulf Coast University
School of Entrepreneurship for programmatic support to the Collier County Accelerator project, in the
annual amount of $377,651.29 and authorize the necessary budget amendments. (Sean Callahan,
Executive Director, Corporate Business Operations)
Meeting Date: 05/12/2020
Prepared by:
Title: – Corporate Business Operations
Name: Sean Callahan
05/01/2020 4:11 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
05/01/2020 4:11 PM
Approved By:
Review:
Public Services Department Jennifer Reynolds Additional Reviewer Completed 05/01/2020 4:27 PM
Corporate Business Operations Sean Callahan Additional Reviewer Completed 05/01/2020 4:33 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/01/2020 4:57 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/01/2020 5:04 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/04/2020 8:16 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/06/2020 10:02 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/06/2020 5:00 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/12/2020 9:00 AM
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AGREBMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONEIIS OF COLLIER COUNTY, FLORIDA
AND
FLORIDA GULF COAST UNIVERSITY BOARD OF TITUSTEES
FOR
THE NAPLES ACCBLERATOR COHORT TITAINING PROGRAM
THIS AGREEMENT, rnade and cntered into on this day ol 2020,
by and between Florida Gulf Corst University Board of Trustees, a public body corporate of
the State of Florida, whose business addless is 10501 FGCU Blvd S, Fort Myers, FL 33965
C'FGCU') and the Board of County Commissioners of Collier County, a political subdivision
of the State of Florida, (the "COUNTY" or "BCC") (collectively the "Parties").
WHEREAS, on September 10, 2013, Agenda Item I l.C, the BCC approved the Office of
Business & Economic Development's FY 14 Business Plan, which included a goal of developing
a Business Accelerator plogram; and
WHEREAS, Policy direction provided by the BCC at its November 26, 2013 and
December 10, 2013, meetings culminated in the May 13,2014, approval of the Collier County
Innovation Accelerator Business Plan, including authorizing its implementation; and
WHEREAS, the BCC has determined that it is in the best interests of Collier County to
continue Accelerator Project efforts that support and furlher the goals and objectives identified in
the BCC 2017 Strategic Plan for economic diversification; and
WHEREAS, the BCC has determined that the FGCU's operation of the Naples
Accelerator Cohort Training Plogram will enhance regional parlnerships and the entrepreneurial
ecosystem in Southwest Florida, making the region overall more marketable to business; and
WHEREAS, the BCC enjoys broad Home Rule Powers, which include the authority to
enter into agreements to enhance economic development within Collier County; and
WHEREAS, Section 125.045, Florida Statutes (County economic development powers)
provides, in par1, as follows:
"(l) 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
Agreement between the Board ofCounty Commissioners of Collier County, Florida, and Florida CulfCoast
University Board ofTrustees for Naples Accelerator Cohort Training ProgmmCtC449824_16 Page I of 14
11.B.1
Packet Pg. 23 Attachment: Naples Accelerator Agreement 4.30.20 (12323 : FGCU Accelerator Agreement)
provide a stronger, more balanced, and stable economy in the state; to enhance
and preserue purchasing power and employment oppol'tunities for the residents
of this state; and to impncve 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 cleation ofbusiness enterprises in the counties ofthe 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 ofthis chapter which confer powers and duties on the goveming body
of a county, including any powers not specifically prohibited by law which can
be exercised by the governing body ofa county, must be liberally construed in
order to effectively carry out the puryoses 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 imploving local infrastructure, issuing bonds to finance or
refinance the cost of capital projects for industrial or manufacturing plants,
leasing or conveying real ploperty, 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 BCC has adopted an
diversifying the economy and enhancing the
County citizens.
3.
4.
Accelerator Project with the specific purpose of
employment opportunities and careers of Collier
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
l. FGCU's School of Entrepreneurship (the "SOE") will provide entrepreneurial
programming and mentorship for entrepreneurs participating in the Naples Accelerator
Cohort Training Program C'PROGRAM').
2. Programming will include training modules covering certain areas of entrepreneurship
such as the lean staftup process, technology and innovation, business modeling, venture
launch and growth, venture capital, and other critical tools and skills fol entrepreneurs
based on the needs of entrepreneurs in the PROGRAM.
Mentorship, which is paired with each module, will take place through in person and virtual
office hours, where the SOE faculty and staff will meet with entrepreneurs in the
PROGRAM on an individual (or company) basis to answer specific questions related to
their companies.
After the PROGRAM is successfully transitioned to programmatic operation by the SOE,
FGCU may provide additional programmatic instruction al the PROGRAM facility, which
may include the FGCU Complete and Renaissance Academy Programs.
Agreement between the Board ofCounty Commissioners ofCollier County, FIorida, and Florida GulfCoast
University Board ofTrustees for Naples Accelelator Cohofi Training Program
GC449824 _16 Page 2 of 14 A
11.B.1
Packet Pg. 24 Attachment: Naples Accelerator Agreement 4.30.20 (12323 : FGCU Accelerator Agreement)
FGCU's SOE will be responsible for programming, mentorship, and operations to host the
program. The Parties witl jointly develop an annual marketing plan for the program
outlining the specific roles, responsibilities, and strategies to meet the established program
requirements.
a. The SOE Faculty and Staff will act as mentors and administrators for the PROGRAM;
b. Additional employees will be hired to support this PROGRAM and will rotate with
existing faculty and staff to work in the PROGRAM; and
c. Potential participant(s) teach/mentor at FGCU's SOE.
The BCC will be in charge of building maintenance, rent, and funding the PROGRAM
through FGCU's SOE.
All applicants, including new, viflual, and existing tenants, to the PROGRAM will be
reviewed and may be accepted by SOE, in consultation with the BCC staff designee.
Those new tenants who are FGCU SOE Runway Program Alumni and are accepted into
the PROGRAM will not be charged rent for six (6) months as long as they operate their
business in Collier after the PROGRAM, If a tenant does not launch a business, they are
not obligated to repay the six (6) months' rent. If a tenant launches a business but does not
operate the business in Collier, they will have to repay the six months'rent.
FGCU will not be held responsible regarding the failure of the FGCU SOE Runway
Program Alumni to comply with the obligations herein.
Participants must complete deliverables and meet their goal at the end ofthe 6-months to
be eligible to compete in the final pitch competition.
SOE will only be held accountable, with respect to PROGRAM outcomes and metrics that
are specified in this contract, for the tenants who are selected to be included in the six-
month PROGRAM. This shall not preclude other PROGRAM participant(s) from taking
advantage of programming being offered at the facility.
All tenants of the PROGRAM will need to sign a contract to release their company's
performance data so as to enable the SOE to rcport on PROGRAM outcomes and metrics.
Before expiration of the existing Kraft Center lease in October 2020, the Patlies agtee to
pursue a mutually agreed upon location (new or existing) to host these programs and
activities.
Agresment between the Board of County Commissioners of Collier County, Florida, and Florida Gulf Coast
University Board ofTrustees for Naples Accelerator Cohort Training Program
GC449824 t6
5.
6.
7.
8.
9.
10.
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t2.
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11.B.1
Packet Pg. 25 Attachment: Naples Accelerator Agreement 4.30.20 (12323 : FGCU Accelerator Agreement)
WITNf,,SSETH:
TERM OF AGREEMENT. The Agreement shall be for a two (2) year period,
commencing within sixty (60) days after the date of the Notice to Proceed and terminating
two (2) years from that date or until all outstanding ilvoice(s) or Purchase Orders issued
prior to the expiration ofthe Agreement period have been completed or terminated.
The BCC may, at its discretion aad with the consent of FGCU, renew the Agreement under
all terms and conditions contained in this Agreement for two (2) additional two (2) year
periods. The BCC shall give FGCU ninety (90) days wriuen notice of the BCC's intention
to renew tle Agreement term prior to the end of the Agreement term then in effect.
Altematively, or in addition to a renewal, t}re County Manager, or his designee, may, at his
discretion, extend the Agreement under all terms and conditions contained in the
Agreement for up to one hundred and eighty (180) days. The County Manager, or his
desipee, shall give FGCU sixty (60) days wriften notice of the BCC's intention to extend
the Agreement term prior to the end of the Agreement term then in effect.
COMMENCEMENT OF SERVICES. FGCU shall corrmence the start-up PROGRAM
services within sixty (60) days after issuance of the Notice to Proceed. During this time,
SOE will develop the PROGRAM material, hire faculty, perform training, and marketing
within FGCU students and alumni, review applications, and perform all other start-up
processes. These start-up PROGRAM services are encompassed in the total cost provided
they are invoiced
3. SCOPE OF SERVICES, The intent of this Agreement is to provide training and
mentorship for entrepreneurs participating in the PROGRAM.
The PROGRAM will run in six (6) month cohorts. Since the success rate for these
programs averages thirty-five percent (35o%), more participants will be accepted to increase
the number of companies successfully completing the PROGRAM and thus increasing the
economic impact for the BCC.
FGCU will be responsible for programming, mentorship, and operations to host the
PROGRAM. FGCU faculty and staff will act as mentors and administrators for the
PROGRAM. Additional employees will be hired by FGCU to support the PROGRAM and
will rotate with existing faculty and staff to work in the PROGRAM.
The BCC will be responsible for the building maintenance, rent, and funding of the
PROGRAM as set forth herein. The Parties will jointly develop an annual marketing plan
for the PROGRAM outlining the specific roles, responsibilities and strategies to meet the
established PROGRAM requirements.
This Agreement does not encompass any obligations to the PROGRAM unless agreed to
Agreement between the Board of County Commissioners ofCollier County, Florida, and Florida GulfCoast
University Board ofTrustees for Naples Accelerator Cohort Training Program
GC449824 t6 Page 4 of 14
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Packet Pg. 26 Attachment: Naples Accelerator Agreement 4.30.20 (12323 : FGCU Accelerator Agreement)
5.
by the Parties in writing.
THE AGREEMENT SUM. The services provided under this Agreement will be paid in
accordance with the annual budget, outlined in EXHIBIT B.
Payments will be made to FGCU for services provided, including stafi-up PROGRAM
services, upon receipt of a proper invoice(s) and subject to approval by the County's
Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla.
Stats,, otherwise known as the "Local Govemment Prompt Payment Act," which is
anticipated to be within twenty-five (25) days ($218.735) from the date of receipt of a
proper invoice.
NOTICES. All notices from the BCC to FGCU shall be deemed duly served if mailed or
emailed to FGCU at the following:
Florida Gulf Coast University Board of Trustees
Attention Name and Titles: Director, School of Entrepreneurship
Address:
Authorized Agent:
Telephone:
Email:
Division Director:
Division Name:
Address:
Telephone:
Email(s):
10501 FGCU Blvd S
Fot Myers, FL 33965
Sandra Kauanui
239-590-7433
skauanui@fecu.edu
Sean Callahan
Corporate Business Operations
3299 Tamiami Trail E, Ste 200
Naples, FL 341l2
219-2s2-8383
Sean.Callahan@colliercountvfl .eov
All Notices from FGCU to the BCC shall be deemed duly served if mailed or emailed to
the BCC at:
Board of County Commissioners for Collier County, FL
NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the BCC and FGCU or constitute FGCU as an agent of the BCC.
NO IMPROPER USE. FGCU will not use, nor suffer or permit any person to use in any
manner whatsoever, the BCC's facilities fol any improper, immoral use or in violation of
any municipal ordinance, rule, order or regulation, or of any governmental real or
regulation now in effect ofhereafter enacted or adopted. In the event of such violation by
FGCU or if the BCC or its authorized representative shall deem any conduct on the part of
FGCU to be objectionable or improper, the BCC shall have the right to suspend the
Agreement with FGCU. Should FGCU fail to correct any such violation, conduct or
ABreement between the Board ofCounty Commissioners of Collier County, Florida, and Florida CulfCoast
University Board ofTrustees for Naples Accelerator Cohort Training Program
GC449824_t6
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7.
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Packet Pg. 27 Attachment: Naples Accelerator Agreement 4.30.20 (12323 : FGCU Accelerator Agreement)
practice to the satisfaction ofthe BCC within twenty-four (24) hours after receiving notice
ofsuch violation, conduct, or practice, such suspension shalI continue until the violation is
cured. FGCU further agrees not to commence operations during the suspension period until
the violation has been corrected to the satisfaction ofthe BCC.
8. TERMINATION. Should FGCU be found to have failed to perform its services in a
manner satisfactory to the BCC as per this Agreement, the BCC may terminate said
Agreement for cause; further the BCC may terminate this Agreement for convenience with
a one hundred and eighty ( 180) day written notice. The BCC shall be the solejudge ofnon-
performance. Notwithstanding, FGCU will be provided an opportunity to address
perceived issues of non-performance.
In the event that the BCC terminates this Agleement, FGCU's recovery against the BCC
shall be limited to that portion of the Agreement Amount earned through the date of
termination. FGCU shall not be entitled to any other or further recovery against the BCC,
including, but not limited to, any damages or any anticipated profit on portions of the
services not performed.
9. NO DISCRIMINATION. FGCU agrees that there shall be no discrimination as to a
protected class, including, but not limited to race, sex, color, creed, or national origin.
10. INSURANCE. FGCU shall provide insurance consistent with the insurance provided by
the State of Florida Division of Risk Management:
Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
The coverage musl include Employers' Liability.
All insurance shall be obtained from responsible companies duly authorized to do business
in the State of Florida. Every insurance policy must provide for up to thifty (30) days'
prior written notice to the BCC ofany cancellation, intent not to renew, or reduction in the
policy coverage. FGCU shall provide the BCC with a Certificate of Insurance that
documents such coverage within thirty (30) days of execution of the Agreement by the
BCC.
lf . INDEMNItr'ICATION. Each Party shall be liable for its own actions and negligence and,
to the extent permitted by law, FGCU shall indemnifi, defend and hold harmless the BCC
against actions, claims or damages arising out of FCCU's negligence in connection with
this Agreement; and the BCC shall indemnifr, defend and hold harmless FGCU against
actions, claims or damages arising out of the BCC's negligence in connection with this
Agreement. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same
be construed to constitute agreement by either party to indemnifu the other party for such
other party's negligent, willfu[, or intentional acts or omissions.
Agreement between the Board ofCounty Cornmissioners ofCollier County, Flolida, and Florida GulfCoast
University Board ofTrustees for Naples Accelerator Cohort Training Program
GC449824 t6 Page6of14
@
11.B.1
Packet Pg. 28 Attachment: Naples Accelerator Agreement 4.30.20 (12323 : FGCU Accelerator Agreement)
This indemnification obligation shall not be construed to negate, abridge or reduce any
other rights or remedies which otherwise may be available to an indemnified pa(y or
person described in this paragraph.
The duty to indemnifo under this Article l1 is independent and separate from the duty to
indemnifr, and the duty to defend exists regardless of any ultimate liability of FGCU, the
BCC and any indemnified party. The duty to defend arises immediately upon presentation
of a claim by any paLty and written notice ofsuch clairn being provided to the other Party.
A Party's obligation to indemnifo and defend under this Article I I will survive the
expiration or earlier termination of this Agreement until it is determined by finaljudgement
that an action against an indemnified party for the matter indemnified hereunder is fully
and finally barred from the applicable statute of limitations.
12. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf
of the BCC by the Corporate Business Operations Division of the COUNTY.
13. CONFLICT OF INTEREST. FGCU replesents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. FGCU further represents that no persons
having any such interest shall be employed to perform those services.
14. COMPONENT PARTS OF THIS AGREEMDNT. This Agteement consists of the
following component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: FGCU's Proposal, Insurance Certificate(s), Exhibit A Scope of Services,
Exhibit B County F'unding to SOE, including any other exhibits, attachments, and
subsequent Amendments to this Agreement.
15. FINANCIAL REVIEW. RECORDS. AUDIT. FGCU shall establish and maintain such
records as now exist and may hereafter be prescribed by the BCC in the future to provide
evidence that all terms ofthis Agreement have been and are being observed. FGCU grants
to the BCC the right and authority to audit all records, documents, and books pertaining to
the program operations. Such audit will be conducted at locations and at a frequency
determined by the BCC and communicated to FGCU. FGCU agrees to provide materials
for the audit at the place designated by the BCC within ten (10) business days after the
BCC's notice to do so is received by FCCU, at no cost to the BCC.
16, SUBJECT TO APPROPRIATION. It is further understood and agreed to by and between
the Parties herein that this Agreement is subject to appropriation by the BCC.
17. PROHIBITION ON GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer ol give, either directly or indirectly, any favor, gift, loan, fee, service
or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III,
Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 53 I l. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm and /or any employee of
the firm from contract with COLJNTY staff for a specified period oltime; b. Prohibition
Agreement between the Board ofCounty Commissioners ofCollier County, Florida, and Florida GulfCoast
University Board ofTrustees for Naples Accelerator Cohon Training Program
GC449824 t6 @Page 1 of 14
11.B.1
Packet Pg. 29 Attachment: Naples Accelerator Agreement 4.30.20 (12323 : FGCU Accelerator Agreement)
by the individual and/or firm from doing business with the County for a specified amount
of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination ofany Agreement held by the individual and/or firm for cause.
18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, FGCU
is formally acknowledging without exception or stipulation that it agrees to comply, at its
own expense, with all federal, state, and local laws, codes, statutes, ordinances, rules,
regulations, and requirements applicable to this Agreement, including, but not limited to
those dealing with the Immigration Reform and Control Act of 1986 as located a 8 U.S.C.
1324, et seq. and regulations relating thereto, as either may be amended; taxations,
workers' compensation, equal employment and safety including, but not limited to, the
Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law
Chapter I19, including specifically those contractual requirements at F.S. I19.0701(2Xa)-
(b) as state as follows:
IF FGCU HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO FGCU's DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5146
Telephone: (239) 252-8383
FGCU must specifically comply with the Florida Public Records Law to:
a. Keep and maintain public records required by the public agency to perform the service.
b. Upon request from the public agency's custodian ofpublic 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.
c. Ensure that pubtic records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law for the
duration ofthe contract term and following completion of the contract if the contactor
does not tlansfer the recolds to the public agency.
d. Upon completion of this Agreernent, FGCU will keep and maintain public records
required by the BCC to perform the service. If FGCU keeps and maintains public
records upon completion ofthe contract, FGCU shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided to the
BCC upon request from the BCC's custodian of public records in a format in which it
is maintained.
Agreement between the Board ofCounty Commissioners of Collier County, Florida, and Florida GulfCoast
University Board ofTrustees for Naples Accelelator Cohort Ttaining Program
cc449E24 t6 eaee8ofla
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11.B.1
Packet Pg. 30 Attachment: Naples Accelerator Agreement 4.30.20 (12323 : FGCU Accelerator Agreement)
If FGCU observes that the Agreement documents ale at val'iance therewith, it shall
promptly notif, the BCC in writing. Failure by FGCU to cornply with the laws referenced
herein shall constitute a breach ofthis Agreement and the BCC shalI have the discretion to
unilaterally terminate this Agreement immediately.
19, AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion ofthis Agreement shall
remain in effect.
20. ADDITIONAL ITEMS/SERVICES. Additionat items and/or services may be added to
this Agreement in compliance with Collier County Procurement Ordinance No. 2017-08,
as amended, and the COUNTY's Procurement Procedures.
21. DISPUTE RESOLUTION. Prior to initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the Parties, the Parties shall make a good faith
eflort to resolve any such disputes by negotiation. The negotiation shall be attended by
tepresentatives ofFGCU with full decision-making authority and by BCC's staff person
who would make the presentation of any settlement reached during negotiations to the
BCC for approval. Failing resolution, and prior to the commencement of depositions in
any litigation between the Parties arising out of this Agreement, the Parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
FGCU with full decision-making authority and by the BCC's staffpelson who would make
the presentation of any settlement reached during negotiations to the BCC for approval.
Should either party fail to submit to mediation as required hereunder, the other party may
obtain a court order lequiring mediation undel section 44.102, Fla. Stat.
22. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out ofthis Agreement must be brought in the appropriate federal
or state coufis in or for Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
23. KEY PERSONNEL. FGCU's personnel and management to be utilized for this project
shall be knowledgeable in their areas ofexpertise. The BCC reserves the right to perform
investigations as may be deemed necessary to ensure that competent persons will be
utilized in the perlbrmance of the Agreement.
24. ASSIGNMENT. FGCU shall not assign this Agreement or any part thereof, without the
prior consent in writing of the BCC. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the BCC's consent shall be void. If FGCU does,
with approval, assign this Agreement or any part theleof, it shall require its assignee to
assume toward FGCU all of the obligations and responsibilities that FGCU has assumed
toward the BCC.
26, BUDGET MODII'ICATION. Modifications of any of the budget categories defined in
Exhibits B may only be made upon the Parties mutually agreeing to a written Amendment
Agreement between the Board ofCounty Commissioners ofCollier County, Florida, and Florida GulfCoast
University Board ofTrustees for Naples Accelerator Cohorl Training Program
cc449824_t6 Pase9of14
6;)
11.B.1
Packet Pg. 31 Attachment: Naples Accelerator Agreement 4.30.20 (12323 : FGCU Accelerator Agreement)
to this Agreenrent.
27. PROJECT PUBLICITY. Any news release pertaining to the services performed by
FGCU pursuant to this Agreement must recognize the contribution ofthe BCC as a funding
source. FGCU shall recognize the BCC for its contribution in all promotional materials and
at any event or workshop for which BCC funds are allocated.
*****
(The remainder of this page left blank)
Agreement between the Board ofCounty Commissioners of Collier County, Florida, and Florida GulfCoast
University Board ofTrustees for Naples Accelelator Cohon Training Program
Gc449824_t6 Page l0 of 14
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11.B.1
Packet Pg. 32 Attachment: Naples Accelerator Agreement 4.30.20 (12323 : FGCU Accelerator Agreement)
IN WITNESS WHEREOF, the Parties have executed this Amendment on the date and
ycar lirst written about b1, an autholized person or agent.
I]()N RI) OII C()I.JN't'Y COMMISSIONEI{S
COt,I,IER COIJNTY, FLORIDA
Burt I-. Saunders, Chairman
A'I-I'ES'I':
CRYSTAL KINZEL, Clerk
, Deputy Clerk
Approved as to form and lcgality:
Ssott l{. 'l'each
[)cputy County Attorncy
FLORIDA CULF COAST LTNIVERSITY
BOARD OF TRT]STIIIIS
Approvcd as to form and legality:
^\ -/ r-t
))*- J# 4lot2o2o
Vee H. Leonard
Vice President and General Counsel
Agreemenr b€tween the Board ofCounly Comnrissioners oICollier County, Florida, and Florida GulfCoast
tlniversity lloard of frustces for Naplcs Accelerator Cohorl 'lraining Prograrn
ise President for Acadernic Affairs
(ic449824_ l6 l'age ,,"r,0%
11.B.1
Packet Pg. 33 Attachment: Naples Accelerator Agreement 4.30.20 (12323 : FGCU Accelerator Agreement)
EXHIBIT A
SCOPE OF SERVICES
ORGANIZATION: Florida Gulf Coast University School of Entrepreneurship
PROJECT: Naples Accelerator Cohofi Training Program
OBJECTIVE: Project Administration
Performance Criteria
FGCU shall provide the supporling documentation to substantiate the following activities for
reimbursement:
Deliverable l: Maintain staff which shall be comprised of two FGCU facutty members equivalent
to full+ime employees and a full-time program coordinator based on the compensation model
included in Exhibit B. Progress and detail of this deliverable will be evidenced by providing the
BCC with a monthly activities report for SOE employees who are contributing the PROGRAM
and receiving payment during the period, which would include travel, program prcparation time,
meetings and time at the PROGRAM location and virtual meetings. It is understood that all FGCU
employees will be entitled to benefits, which include sick leave and vacation time.
Deliverable 2: Provide a monthly report of all receipts to support the expenses being submitted
for reimbursement and a transaction detail leport.
Deliverable 3: Quarterly review of the PROGRAM including the events held at the lacility during
the quarter, number ol companies/entrepreneurs completing the PROGRAM and operating in
Collier County, total staft-up lunding raised, numbel ofjobs created, total gross revenue generated
in Collier County, and gross economic impact of the PROGRAM in Collier County. This report
will be prepared and submitted within 30 days of the conclusion of the quarter, provided all
necessary documentation from the companies/entrepreneurs completing the PROGRAM have
submitted to FGCU for analysis, as well as any other information needed to determine the gross
economic impact of the PROGRAM for the quarter.
Deliverable 4: Submittal of an annual plan for the PROGRAM after the closing of the BCC's
fiscal year. This reporl is due by October 31. The annual reporl shall include a year-end review of
the concluding year and goals, and also outline the budget, and strategy ofthe PROGRAM for the
upcoming fiscal year. The annual business plan will be presented to the BCC at its next available
meeting following submittal.
Dcliverable 5: The Committee will be appointed in consultation with the BCC staff designee. All
tenants ofthe PROGRAM will have access to online programs and tlaining sessions provided to
the PROGRAM.
Agrcement between the Board ofCounty Comrnissioners of Collier County, Florida, and Florida GulfCoast
University Board ofTrustees for Naples Accelerator Cohort Training Program4C449824_16 Page 12 of 14
Foo)
11.B.1
Packet Pg. 34 Attachment: Naples Accelerator Agreement 4.30.20 (12323 : FGCU Accelerator Agreement)
EXHIBIT B
COUNTY FUNDING FOR THE NAPLDS ACCELERATOR TRAINING PROGRAM
Title Classification Salary Ilcnefits Total Cost
SOE Faculty Member*lnstructor I $ 75,000.00 $ 2s,500.00 $ 100,500.00
SOE Faculty Member*lnstructor I $ 7s,000.00 $ 25,500.00 $ 100,500.00
Program Cooldinator'* *A&P s 40,000.00 $ 13,600.00 $ 53,600.00
Temporary Employment* * *Student Interns $ 67,860.00 $ 5,191.29 $ 73,051.29
Operating Expenses $ s0,000.00
Total Cost $ 377,651.29
*Salary cost bused on an Insh'uctor-level position ($75,000 base salary). These two faculty
members y,ill be joining a diterse group of SOEfaculty to be able to cover a wide range ofbusiness
lrainingfor the Naples Accelerolor lenants. The PROGRAM u,ill offer qccess to the expertise of
the entire SOE faculty as u,ell as other faculty ot FGCU. This ueates value lor the PROGMM
becouse Assistant and Associqte Professor ranked fac ty (Ph.D.) will also be contributing time
based on the subject-matter expertise requied of the tenanls. The time equivalent of tu,o full tine
foculty time will be spent u,orking on the PROGMM tvhich includes mentoring, taining,
curriculum developmenl, on-demand supporl through virlual meetings and commuling to andfrom
lhe PROGMM locotion.
**The Program Coordinator will be responsiblefor coordinalingfacully and stofffrom the School
of Entrepreneurship to participale in the PROGMM and will handle all administrqtion related to
lhe program. This individual will also be responsible for mainlaining metrics reloted lo lhe
PROGRAMfoT reporting purposes. This posilion can assisl tvith general duties al the PROGMM
as neededfor the FGCU Enlrepreneurship Progrant
***Stttdent interns can assisl PROGMM participanls v,ith building social media, integraling
QuickBool<s, building v,ebsites, online advertising, and more. Student inlerns v,ill be matched to
porticipanls based on need and capability. This posilion classiJication u,ill be paid al lhe lhen
cu,'rent ratefor student intems al FGCU upon presenlmen! of proof of the rate ofpay and actual
wages earned. The total cosl listed above is a not-to-exceed amounl.
The primary goal of the PROGRAM is to further develop the entrepreneurial ecosystem in Collier
County. We believe the best way to do that is to open the Naples Accelerator to companies from
any industry. The benefit of this approach is that it increases the odds ofidentifying the companies
who need support and it also promotes more economic diversity in the region. It does require,
however, that the Naples Accelerator provide business training that covers a wide range oftopics.
This is precisely what SOE offers to the partnership. SOE's expert faculty can help in the areas of
product development, marketing, operations, fund raising, technology, and much more. SOE will
do the following to provide the best experience to the tenants ofthe Naples Accelerator:
. rotate any School of En[epreneurship faculty and/or faculty from other departments to
provide a monthly equivalent of 2 full time faculty which will be selected based on
their area of expertise;
Agreement between the Board of County Commissioners of Collier Counry, Florida, and Florida Gulf Coast
University Board ofTrustees for Naples Accelerator Cohon Training Program
cC449824*16 Page 13 of 14
11.B.1
Packet Pg. 35 Attachment: Naples Accelerator Agreement 4.30.20 (12323 : FGCU Accelerator Agreement)
. provide a minimum of 7070 of these monthly training hours in-person by our faculty at
the Naples Accelerator;
. provide the balance of the time (max of 30%) on updating training material specihcally
designed for the tenants and on-demand support through virtual meetings - a benefit
which provides flexibility and specialized training for the participants at the Accelerator
utilizing FGCU's resources. *This time also includes travel to and from the Accelerator;
and
. Provide an additional 25* hours of pre-recorded training videos that can be viewed on-
demand to support tenants as needed
Agreement between the Board ofCounty Commissioners ofCollier County, Florida, and Florida GulfCoast
Universiry Board ofTrustees for Naples Accelerator Cohort Tfaining Program
cc449824 t6 Page 14of,O
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11.B.1
Packet Pg. 36 Attachment: Naples Accelerator Agreement 4.30.20 (12323 : FGCU Accelerator Agreement)
FY 18 (EII ‐ Full) FY20 (Limited) FY20 (Full ‐ FGCU)
Personnel 379,926$ 252,784$ 67,067$
Operating 141,700$ 96,713$ 57,620$
Rent 197,900$ 211,000$ 211,000$
*FGCU Program 377,651$
Direct Revenue ‐$ (118,750.00)$ (118,750.00)$
Program Cost 719,526$ 441,747$ 594,588$
Naples Accelerator Budgets
11.B.2
Packet Pg. 37 Attachment: Accelerator Budgets FGCU (12323 : FGCU Accelerator Agreement)