Agenda 06/22/2021 Item #16F1 (Terminating Agreement w/FGCU - Naples Accelerator Cohort Training Program)06/22/2021
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners terminate the Agreement with Florida
Gulf Coast University (FGCU) for the Naples Accelerator Cohort Training Program, for
convenience, and send notice to FGCU.
OBJECTIVE: To terminate the Agreement between the Board and FGCU Board of Trustees for the
Naples Accelerator Cohort Training Program.
CONSIDERATIONS: On May 26, 2020, the Board approved an agreement with the FGCU School of
Entrepreneurship (SOE) for the programming at the Naples Accelerator. Under the agreement, the SOE
provides entrepreneurial programming and mentorship for entrepreneurs that participate in the Naples
Accelerator Cohort Training program.
Many uncertainties have occurred over the past year, including the COVID-19 health pandemic, which
has led the County and FGCU to look at alternative ways to deliver the program. A large number of
program attendees have made their preference known to participate virtually, and many other accelerator
and business mentoring programs across the country have shifted their services to online, on-demand
models.
FGCU has been reducing staff hours through the end of the year, focusing on a staffing complement that
meets the needs to the program participants, but reduces overall costs to the County. Due to lack of
demand for physical space from program participants, the Board ended the lease for the Naples
Accelerator at the Kraft Office Building at the May 11, 2021 meeting as Item 16.F.6. When the lease
terminates later this year, FGCU will be offering services virtually or on its campus until the current
contract expires where necessary.
The existing Agreement includes the following provision related to termination of a contract:
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 ninety (90) day written
notice. The BCC shall be the sole judge of non-performance. Notwithstanding, FGCU will be
provided an opportunity to address perceived issues of non-performance.
Staff recommends the Board terminate the agreement for convenience and provide ninety (90) days’
notice to FGCU. County and FGCU staff will continue to meet regularly to focus on new educational
partnerships that combine the elements of business mentoring and services offered at the Accelerator with
other programs that the University intends to offer in Collier County. This program will be presented to
the Board on a future agenda.
FISCAL IMPACT: Funding for the FGCU program is made 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.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this
action.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
16.F.1
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06/22/2021
for Board action. -JAK
RECOMMENDATION: That the Board of County Commissioners terminate the Agreement with
Florida Gulf Coast University for the Naples Accelerator Cohort Training Program, for convenience, and
send notice to FGCU.
Prepared by: Sean Callahan, Deputy County Manager
ATTACHMENT(S)
1. Item_#11A_FGCU_SOE (PDF)
16.F.1
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06/22/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.1
Doc ID: 16231
Item Summary: Recommendation that the Board of County Commissioners terminate the
Agreement with Florida Gulf Coast University (FGCU) for the Naples Accelerator Cohort Training
Program, for convenience, and send notice to FGCU.
Meeting Date: 06/22/2021
Prepared by:
Title: – County Manager's Office
Name: Sean Callahan
06/10/2021 11:01 AM
Submitted by:
Title: – County Manager's Office
Name: Sean Callahan
06/10/2021 11:01 AM
Approved By:
Review:
Agenda Clerk Preview Michael Cox Additional Reviewer Completed 06/10/2021 11:51 AM
Corporate Business Operations Jennifer Reynolds Additional Reviewer Completed 06/10/2021 12:22 PM
Grants Valerie Fleming Level 2 Grants Review Completed 06/11/2021 8:23 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/11/2021 9:05 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/11/2021 2:25 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/13/2021 7:07 PM
Grants Erica Robinson Additional Reviewer Completed 06/14/2021 8:54 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 06/14/2021 9:25 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM
16.F.1
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AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
W1 FLORIDA
GULF COAST UNIVERSITY BOARD OF TRUSTEES FOR
THE
NAPLES ACCELERATOR COHORT TRAINING PROGRAM THIS
AGREEMENT, made and entered into on this ,2&*day of MQV 2020, by
and between Florida Gulf Coast University Board of Trustees, a public body corporate of the
State of Florida, whose business address is 10501 FGCU Blvd S, Fort Myers, FL 33965 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 I.C, the BCC approved the Office of Business &
Economic Development's FY 14 Business Plan, which included a goal of developing a
Business Accelerator program; 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 further 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 Program will enhance regional partnerships 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 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 Agreement
between the Board of County Cotmnissionen of Collier County, Florida, and Florida Gulf Coast University
Board of Trustees for Naples Accelerator Cohort Training Program GC449824_
19 Page 1 of 14 Cq )
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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 BCC 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 promises and covenants herein
contained, it is agreed by the Parties as follows:
1. FGCU's School of Entrepreneurship (the "SOE') will provide entrepreneurial
programming and mentorship for entrepreneurs participating in the Naples Accelerator
Cohort Training Program ("PROGRAM").
2. 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 in the PROGRAM.
3. 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.
4. After the PROGRAM is successfully transitioned to programmatic operation by the SOE,
FGCU may provide additional programmatic instruction at the PROGRAM facility, which
may include the FGCU Complete and Renaissance Academy Programs.
Agreement between the Board of County Commissioners of Collier County, Florida, and Florida Gulf Coast
University Board of Trustees for Naples Accelerator Cohort Training Program
GC449924_19 Page 2 of 14
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Packet Pg. 2790 Attachment: Item_#11A_FGCU_SOE (16231 : FGCU Agreement)
5. FGCU's SOE will be responsible for programming, mentorship, and operations to host
the program. 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.
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.
7. All applicants, including new, virtual, and existing tenants, to the PROGRAM will be
reviewed and may be accepted by SOE, in consultation with the BCC staff designee.
8. 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.
9. FGCU will not be held responsible regarding the failure of the FGCU SOE Runway
Program Alumni to comply with the obligations herein.
10. Participants must complete deliverables and meet their goal at the end of the 6-months to
be eligible to compete in the final pitch competition.
11. 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.
12. 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 report on PROGRAM outcomes and metrics.
13. Before expiration of the existing Kraft Center lease in October 2020, the Parties agree to
pursue a mutually agreed upon location (new or existing) to host these programs and
activities.
Agreement between the Board of County Commissioners of Collier County, Florida, and Florida Gulf Coast
University Board of Trustees for Naples Accelerator Cohort Training Program
GC449824 19 Page 3 of 14
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Packet Pg. 2791 Attachment: Item_#11A_FGCU_SOE (16231 : FGCU Agreement)
WITNESSETH:
1. 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 invoice(s) or Purchase Orders issued
prior to the expiration of the Agreement period have been completed or terminated.
The BCC may, at its discretion and 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 written notice of the BCC's intention
to renew the Agreement term prior to the end of the Agreement term then in effect.
A4 atively, or in addition to a penewai, the Getmty Manager-, or- his designee, may, a!
extend the AgFeement under all temns and eanditions eontained in the
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disei:eiieii,
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IICQMMENCEMENT
Y-teflaget;-er—lws
designee, shall giye FGCU sixty (60) days wr-ittefi notioe of the RG09 iniention ie emten
OF SERVICES. FGCU shall commence 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. The first PROGRAM cohort will officially start at the PROGRAM
location on July 1, 2020, provided the Notice to Proceed is effective on or before May 2.
2020.
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 (35%), 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, marketing of the PROGRAM,
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 of Collier County, Florida, and Florida Gulf Coast
University Board of Trustees for Naples Accelerator Cohort Training Program
GC449824 16 Page 4 of 14
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16.F.1.a
Packet Pg. 2792 Attachment: Item_#11A_FGCU_SOE (16231 : FGCU Agreement)
by the Parties in writing.
4. 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 start-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 Government Prompt Payment Act," which is
anticipated to be within forty-five (45) days (§218.74) from the date of receipt of a proper
invoice.
5. 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
Address: 10501 FGCU Blvd S
Fort Myers, FL 33965
Authorized Agent: Sandra Kauanui
Attention Name and Titles: Director, School of Entrepreneurship
Telephone: 239-590-7433
E-mail: k ivanui t u_edu
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
Division Director: Sean Callahan
Division Name: Corporate Business Operations
Address: 3299 Tamiami Trail E, Ste 200
Naples, FL 34112
Telephone: 239-252-8383
Email(s): sewl.C, 11.1, , t1;ivcolliercouitt -ttgo%
6. 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.
7. NO IMPROPER USE. FGCU will not use, nor suffer or permit any person to use in any
manner whatsoever, the BCC's facilities for 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 of hereafter 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
Agreement between the Board of County Commissioners of Collier County, Florida, and Florida Gulf Coast
University Board of Trustees for Naples Accelerator Cohort Training Program
GC449824_19 Page 5 of 14
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practice to the satisfaction of the BCC within twenty-four (24) hours after receiving notice
of such violation, conduct, or practice, such suspension shall 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 of the 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 nine 90 day written notice. The BCC shall be the sole
3 ZJ judge of non-performance. Notwithstanding, FGCU will be provided an opportunity to
address perceived issues of non-performance.
X
In the event that the BCC terminates this Agreement, FGCIJ's recovery against the 13CC
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 must 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 thirty (30) days'
prior written notice to the BCC of any 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.
11. INDEMNIFICATION. Each Party shall be liable for its own actions and negligence and,
to the extent permitted by law, FGC1J shall indemnify, defend and hold harmless the BCC
against actions, claims or damages arising out of FGCU's negligence in connection with
this Agreement; and the BCC shall indemnify, 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 parry to indemnity the other party for such
other parry's negligent, willful, or intentional acts or omissions.
Agreement between the Board of County Commissioners of Collier County, Florida, and Florida Gulf Coast
University Board of Trustees for Naples Accelerator Cohort Training Program
GC449824_16 Page 6 of 14 CAt
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Packet Pg. 2794 Attachment: Item_#11A_FGCU_SOE (16231 : FGCU 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 party or
person described in this paragraph.
The duty to indemnify under this Article 11 is independent and separate from the duty to
indemnify, 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 party and written notice of such claim being provided to the other Party.
A Party's obligation to indemnify and defend under this Article 11 will survive the
expiration or earlier termination of this Agreement until it is determined by final judgement
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 represents 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 AGREEMENT. This Agreement consists of the
following component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: FGCti's Proposal, Insurance Certificate(s), Exhibit A Scope of Services,
Exhibit B County Funding 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 of this 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 FGCU, 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 or 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 5311. 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 COUNTY staff for a specified period of time; b. Prohibition
Agreement between the Board of County Commissioners of Collier County, Florida, and Florida Gulf Coast
University Board of Trustees for Naples Accelerator Cohort Training Program
GC449824_19 Page 7 of 14
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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 of any 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 119, including specifically those contractual requirements at F.S. 119.0701(2)(a)-
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 34112-5746
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 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.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law 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.
d. Upon completion of this Agreement, FGCU will keep and maintain public records
required by the BCC to perform the service. If FGCU keeps and maintains public
records upon completion of the 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 of County Commissioners of Collier County, Florida, and Florida Gulf Coast
University Board of Trustees for Naples Accelerator Cohort Training Program
GC449824_19 Page 8 of 14
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Packet Pg. 2796 Attachment: Item_#11A_FGCU_SOE (16231 : FGCU Agreement)
If FGCU observes that the Agreement documents are at variance therewith, it shall
promptly notify the BCC in writing. Failure by FGCU to comply with the laws referenced
herein shall constitute a breach of this Agreement and the BCC shall 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 of this Agreement shall
remain in effect.
20. ADDITIONAL ITEMS/SERVICES. Additional 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
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of FGCU 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 staff person 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 requiring mediation under section 44.102, Fla. Stat.
22. VEElYUL., Any suit of action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts 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 of expertise. The BCC reserves the right to perform
investigations as may be deemed necessary to ensure that competent persons will be
utilized in the performance 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 thereof, it shall require its assignee to
assume toward FGCU all of the obligations and responsibilities that FGCU has assumed
toward the BCC.
26. BUDGET MODIFICATION. 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 of County Commissioners of Collier County, Florida, and Florida Gulf Coast
University Board of Trustees for Naples Accelerator Cohort Training Program
GC449824_19 Page 9 of 14
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to this Agreement.
27. PROJECT PUBLICITY. Any news release pertaining to the services performed by
FGCU pursuant to this Agreement must recognize the contribution of the 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.
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Agreement between the Board of County Commissioners of Collier County, Florida, and Florida Gulf Coast
University Board of Trustees for Naples Accelerator Cohort Training Program
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IN WITNESS WHEREOF, the Parties have executed this Amendment on the date and
year first written about by an authorized person or agent.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FLORIDA GULF COAST UNIVERSITY
BOARD OF TRUSTEES
Burt L. Saunders, Chairman J es Lloiens, Ph.D. Provost and
ice President for Academic Affairs
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Agreement between the Board of County Commissioners of Collier County, Florida, and Florida Gulf Coast
University Board of Trustees for Naples Accelerator Cohort Training Program
GC449824 19 Page I 1 of 14
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Packet Pg. 2799 Attachment: Item_#11A_FGCU_SOE (16231 : FGCU Agreement)
EXHIBIT A
SCOPE OF SERVICES
ORGANIZATION: Florida Gulf Coast University School of Entrepreneurship
PROJECT: Naples Accelerator Cohort Training Program
OBJECTIVE: Project Administration
Performance Criteria
FGCU shall provide the supporting documentation to substantiate the following activities for
reimbursement:
Deliverable 1: Maintain staff which shall be comprised of two FGCU faculty members equivalent
to full-time 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 preparation 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 report.
Deliverable 3: Quarterly review of the PROGRAM including the events held at the facility during
the quarter, number of companies/entrepreneurs completing the PROGRAM and operating in
Collier County, total start-up funding raised, number of jobs 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. The goal of the PROGRAM is to have 35%
of admitted participants successfully completing the PROGRAM and launching businesses in
Collier County.
Deliverable 4: Submittal of an annual plan for the PROGRAM after the closing of the BCC's
fiscal year. This report is due by October 31. The annual report shall include a year-end review of
the concluding year and goals, and also outline the budget, and strategy of the PROGRAM for the
upcoming fiscal year. The annual business plan will be presented to the BCC at its next available
meeting following submittal.
Deliverable 5: The Committee will be appointed in consultation with the BCC staff designee. All
tenants of the PROGRAM will have access to online programs and training sessions provided to
the PROGRAM.
Agreement between the Board of County Commissioners of Collier County, Florida, and Florida Gulf Coast
University Board of Trustees for Naples Accelerator Cohort Training Program
GC449824 19 Page 12 of 14 0CNO
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EXHIBIT B
COUNTY FUNDING FOR THE NAPLES ACCELERATOR TRAINING PROGRAM
Title Classification galary Benefits Total Cost
SOE Faculty Member* Instructor 1 75 000.00 25 500.00 100 500.00
SOE Faculty Member* Instructor 1 75 000.00 25 500.00 100 500.00
Program Coordinator** A&P 40 000.00 13 600.00 53 600.00
Temporary Employment*** Student Interns 67 860.00 1 $ 5,191.29 73 051.29
Operating Expenses 50 000.00
Total Cost S 377 651.29
Salary cost based on Instructor -level position ($75,000 base salary). These two faculty
members will be joining a diverse group ofSOEfaculty to be able to cover a wide range ofbusiness
training for the Naples Accelerator tenants. The PROGRAM will offer access to the expertise of
the entire SOE faculty as well as other faculty at FGCU This is value to the PROGRAM
because Assistant and Associate Professor ranked faculty (Ph. D.) will also be contributing time
based on the subject -matter expertise required of the tenants. The time equivalent of two full time
faculty time will be spent working on the PROGRAM which includes mentoring, training,
curriculum development, on -demand support through virtual meetings and commuting to and from
the PROGRA M location.
The Program Coordinator will be responsible for coordinating faculty and stafffrom the School
of Entrepreneurship to participate in the PROGRAM and will handle all administration related to
the program. This individual will also be responsible for maintaining metrics related to the
PROGRAMfor reporting purposes. This position can assist with general duties at the PROGRAM
as needed for the FGCU Entrepreneurship Program.
Student interns can assist PROGRAM participants with building social media, integrating
QuickBooks, building websites, online advertising, and more. Student interns will be matched to
participants based on need and capability. This position classification will be paid at the then
current rate for student interns at FGCU upon presentment ofproof of the rate ofpay and actual
wages earned The total cost listed above is a not -to -exceed amount.
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 adds of identifying 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 of topics.
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 of the Naples Accelerator:
rotate any School of Entrepreneurship 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 (a monthly equivalent equates to 177.33 hours per month);
Agreement between the Board of County Commissioners of Collier County, Florida, and Florida Gulf Coast
University Board of Trustees for Naples Accelerator Cohort Training Program
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provide a minimum of 70% 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 specifically
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 FGCIJ'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 of County Commissioners of Collier County, Florida, and Florida Gulf Coast
University Board of Trustees for Naples Accelerator Cohort Training Program
GC449824_19 Page 14 of 14 .
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