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Agenda 10/26/2021 Item #16F 1 (Partnership for Collier's Future Economy Agmt. Extension and Amendment)    Proposed Agenda Changes Board of County Commissioners Meeting October 26, 2021 Continue Item 16F1 indefinitely: *** This item continued from the September 28, 2021 and October 12, 2021 BCC Meeting Agendas. *** Recommendation to approve and authorize the Chairman to sign the Extension and Amendment of the Agreement with The Partnership for Collier’s Future Economy, Inc. (“Partnership”) in continued support of the established public-private partnership designed to advance the County’s economic development efforts. (All Districts) (Staff’s Request) Continue Item 17A to the November 9, 2021 BCC Meeting: *** This item has been continued from the October 12, 2021 BCC Meeting Agenda. *** Recommendation to adopt an ordinance creating the Collier County Public Art Committee to advise the Board on all matters relating to the public art within the entire unincorporated area of the County, including the Bayshore Gateway Triangle Community Redevelopment area. (All Districts) (Commissioner Taylor’s Request) Continue Item 17B to the December 14, 2021 BCC Meeting: *** This item has been continued from the September 28, 2021 and October 12, 2021 BCC Meeting Agendas. *** A Resolution of the Board of County Commissioners proposing amendments to the Collier County Growth Management Plan, Ordinance 89-05, as amended, relating to the Rural Fringe Mixed Use District Restudy and specifically amending the Urban Mixed Use District, Urban Residential Fringe Subdistrict and the Rural Fringe Mixed Use District of the Future Land Use Element to require Transfer of Development Rights for Comprehensive Plan amendments for increased residential density; amending the Urban Mixed Use District, Urban Residential Fringe Subdistrict to remove the density bonus cap on residential in-fill and remove the requirement to use Transfer of Development Rights within one mile of the Urban boundary; and amending the Rural Fringe Mixed Use District of the Future Land Use Element to change development standards and requirements, to increase density on Receiving Lands located along Immokalee Road, increase density on Receiving Lands for affordable housing, add Transfer of Development Rights Credits, add uses in Receiving areas, and add a conditional use for recreation in Sending Lands, and to amend development standards for Rural Villages; and create the Belle Meade Hydrologic Enhancement Overlay; and furthermore directing transmittal of the amendments to the Florida Department of Economic Opportunity. [PL20200002234] (District 1, District 3, District 5) (Staff’s Request) Continue Item 11C to the November 9, 2021 BCC Meeting: Recommendation to approve the award of Invitation to Negotiation # 21-7898 for “Collier County Sports Complex Management” to Sports Facilities Management LLC and authorize the Chairman to execute the attached agreement. (District 5) (Commissioner Taylor’s Request) Note: Staff requests Board direction to extend the agreement with the current Sports Complex vendor should Item 11C be continued to the 11/9 BCC meeting. This will require the agreement of the current vendor. Time Certain Items: Item 11B to be heard no sooner than 1:00 pm – Collier Mosquito Control District public lands update 11/30/2021 1:52 PM 10/26/2021 16.F.1 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign the Extension and Amendment of the Agreement with The Partnership for Collier's Future Economy, Inc. ("Partnership") in continued support of the established public -private partnership designed to advance the County's economic development efforts. OBJECTIVE: To approve the extension and amendment of the Partnership Agreement for Fiscal Year 2022. CONSIDERATIONS: On September 10, 2013, Agenda Item 11.C., the Board approved the Office of Business & Economic Development's FY 14 Business Plan including a goal of developing a local economic development partnership. Since that time, staff has continued to advance that economic development goal under the Board's direction provided at several Board meetings. On December 10, 2013, Agenda Item 10.13, the Board approved the Agreement with Partnership, a not- for -profit entity created by the Greater Naples Chamber of Commerce, to develop a detailed Community and Economic Development Strategic Plan for our community. The effort and cost sharing has resulted in the promulgation of the "Opportunity Naples Strategy," which was accepted by the Board on Novemberl8, 2014, Agenda Item 11A. This Agreement continues to implement that strategic plan with activities for FY 22. The specific initiatives and action plans produced as part of the Opportunity Naples Strategy planning effort continue to form the basis of this Agreement, the Scope of Services, and Roles and Responsibilities of the Partnership, which further economic development in Collier County. Principle requirements include providing existing local businesses access to long-term retention and expansion services; recruiting new businesses and marketing Collier County to attract employment opportunities for residents and to serve as the primary point of contact with State and Regional economic development organizations. Each year, County staff, along with staff from the Chamber of Commerce, sit down and review the roles and responsibilities for the Partnership. Several updates were made to each area to modernize and bring in line the different economic activities, partnership collaborations, and place an emphasis on better data and reporting. Most notably, in FY 20 the County launched a new website for economic development. The FY 21 agreement added new responsibilities for the Partnership, including assistance with content collaboration on the website, newsletter, and representation in economic development organizations. The FY 21 agreement also continued the annual economic summit established in the previous year's contract. FISCAL IMPACT: The total cost to the County for the Agreement will not exceed $100,000 in FY 2022. Funding is appropriated for this expenditure in the approved Business and Economic Development Division FY 22 budget. 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 for form and legality and requires a majority votefor Board action. - JAB RECOMMENDATION: To approve and authorize the Chairman to sign the Extension and Packet Pg. 1423 10/26/2021 16.F.1 Amendmentof the Agreement with The Partnership for Collier's Future Economy, Inc. ("Partnership"). Prepared by: Jennifer Reynolds, Manager - Financial & Operations Support, Corporate Business Operations ATTACHMENT(S) 1. Original agreement PartnershipChamber (PDF) 2. Partnership agrmnt CAD stamped (PDF) 3. PartnershipChamberFY 19 EXECUTEDagreement (PDF) Packet Pg. 1424 16.F.1 10/26/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.1 Doe ID: 20382 Item Summary: *** This item continued from the September 28, 2021 and October 12, 2021 BCC Meeting Agendas. *** Recommendation to approve and authorize the Chairman to sign the Extension and Amendment of the Agreement with The Partnership for Collier's Future Economy, Inc. ("Partnership") in continued support of the established public -private partnership designed to advance the County's economic development efforts. Meeting Date: 10/26/2021 Prepared by: Title: Sr. Operations Analyst — County Manager's Office Name: Geoffrey Willig 10/13/2021 11:18 AM Submitted by: Title: Division Director - Corp Fin & Mgmt Svc — County Manager's Office Name: Mark Isackson 10/13/2021 11:18 AM Approved By: Review: County Attorney's Office Corporate Business Operations County Attorney's Office Office of Management and Budget County Manager's Office Office of Management and Budget County Manager's Office Board of County Commissioners Geoffrey Willig Geoffrey Willig Geoffrey Willig Geoffrey Willig Geoffrey Willig Geoffrey Willig Geoffrey Willig Geoffrey Willig Level 2 Attorney of Record Review Additional Reviewer Level 3 County Attorney's Office Review Additional Reviewer Additional Reviewer Level 3 OMB Gatekeeper Review Level 4 County Manager Review Meeting Pending Skipped 10/13/2021 11:17 AM Skipped 10/13/2021 11:17 AM Skipped 10/13/2021 11:17 AM Skipped 10/13/2021 11:17 AM Skipped 10/13/2021 11:17 AM Skipped 10/13/2021 11:17 AM Completed 10/18/2021 11:07 AM 10/26/2021 9:00 AM Packet Pg. 1425 Pip 010 AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY, INC. THIS AGREEMENT CAgreemene) is made and entered into this 24th day of October, 2017, by and between Collier County, a political subdivision of the State of Florida (the "COUNTY), and the Partnership for Collier's Future Economy Inc. ("PARTNERSHIP), a Florida not -for -profit corporation, whose address is 2390 Tamiami Trail N., #210, Naples, FL 34103 ("PARTNERSHIP"). WITNESSETH WHEREAS, the COUNTY has determined that strategic planning, business retention, expansion, attraction and workforce/talent efforts through the PARTNERSHIP to assist the private sector and other governmental agencies will enhance Collier County's economic wellbeing, are activities in the public interest and are lawful and beneficial purposes of the COUNTY; and WHEREAS, the PARTNERSHIP is a business and economic development organization with a mission to enhance Collier County's economic wellbeing and create a vision to strengthen and maintain Collier County as a leading business center of Southwest Florida; and WHEREAS, the PARTNERSHIP collaborates with the COUNTY in the achievement of the economic development goals and objectives of the Collier County Board of County Commissioners (the "BCC"); and ' WHEREAS, the COUNTY enjoys broad Home Rule Powers that 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 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 Packet Pg. 1426 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 PARTNERSHIP, in concert with the BCC, has determined that the strategies and corresponding key initiatives to achieve such objectives include those below: a Implementing the Economic Development Strategic Plan adopted by the BCC:; 9 Providing existing businesses with access to long-term expansion/retention services; * Recruiting new businesses and marketing Collier County to attract employment opportunities for residents; * Engaging Enterprise Florida Inc., regional utility providers and other economic development partners as Collier County's point of contact, and WHEREAS, the COUNTY desires to have the PARTNERSHIP provide private sector leadership to achieve the strategies set forth above and the PARTNERSHIP is willing to undertake such functions under the terms of this Agreement; and WHEREAS, the parties wish to enter into an Agreement, as stated below, to continue the COUNTY's support of the PARTNERSHIP in Fiscal Year 2018. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein and other good and valuable consideration, the COUNTY and PARTNERSHIP agree as follows: ARTICLE I SCOPE OF SERVICES AND I V*- jly__ &A I a . I �-U' P! 6 �ilt CT The PARTNERSHIP shall promote econonfic development for the COUNTY by providing the services and activities described in Exhibit A, Scope of Services, attached hereto and by reference made a part hereof. The matrix in Exhibit A guides COUNTY staff s ability to authorize payment for measurable services performed by the PARTNERSHIP. The matrix in Exhibit 0, which is incorporated herein by this reference, defines the broader COUNTY economic development relationship with the PARTNERSHIP, which will be reviewed and monitored by COUNTY staff. 2 I Packet Pg. 1427 1 ARTICLE II 99•(01111A•V-1 C W1 t k &A"I M, I j MIA This Agreement shall be effective upon execution by both parties and shall cover services provided from October 1, 2017, through September 30, 2018, unless terminated in accordance with this Agreement or extended by mutual written Agreement of the parties. ARTICLE M CONSIDERATION AND LIMITATION For its performance under this Agreement, the PARTNERSHIP will receive funds from the COUNTY in an amount not to exceed One Hundred Thousand Dollars ($100,000). It is intended that the services performed by the PARTNERSHIP shall be on a cost reimbursement methodology for actual eligible expenditures. Actual expenditures eligible as a basis for reimbursement can and shall include salaries and employee benefits (dental, vision, and health insurance) and costs for PARTNERSHIP personnel performing services described in Exhibit B. The PARTNERSHIP shall be entitled to compensation upon BCC approval of the Agreement, distributed no more frequently than on a quarterly basis for reimbursement of eligible expenses approved by the County and Clerk of Court. I All invoices shall be submitted in accordance with COUNTY procedures and in a form acceptable to the COUNTY and the PARTNERSHIP, as generally outlined in Exhibit B, Method of Payment and Budget Detail, and Exhibit C, Program Performance Report, attached hereto and by reference made a part hereof. Eligible operating expenses incurred to provide services consistent with the scope of services described in Exhibit A are outlined in Exhibit B. In no event will COUNTY fimds be expended for the PARTNERSHIP's purchase of food, beverages or entertainment costs or in support of electioneering. ARTICLE IV AM REPORTING For its performance under this Agreement, County shall reimburse to the PARTNERSHIP actual eligible expenditures. All payment requests by the PARTNERSHIP 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 the PARTNERSHIP, as generally outlined and set forth in Exhibit C, attached hereto and by reference made a part hereof. Payments to the PARTNERSHIP will be made within Forty-five (45) days of requests, in compliance with the Local Government Prompt Payment Act, and in accordance with the procedures specified in Exhibit B, Method of Payment and Budget Detail for Services. If the COUNTY determines, through its inspection or review, that the PARTNERSHIP has not performed or is performing less than the total agreed -upon services, then the COUNTY shall notify the PARTNERSHIP in writing, specifying those services that it alleges have not been performed or fully performed, and the PARTNERSHIP shall have thirty (30) days from receipt thereof to submit a then -current Program I Packet Pg. 1428 ji 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 ally 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. ' Performance will be measured by the defined Scope of Services set out in Exhibit A or a percentage of defined service goals completed and by such other standards as the parties may agree upon in writing. The PARTNERSHIP shall submit its first payment request and Program Performance Report for the period of October 1, 2017, through December 31, 2017, on or before January 31, 2018. The PARTNERSHIP shall submit its second payment request and Program Performance Report for tile period of January 1, 2018, through Match 31, 2018, on or before April 30, 2018, The PARTNERSHIP shall submit its third payment request for the period of April 1, 2018, through June 30, 2018, on or before July 31, 2018. The PARTNERSHIP shall submit its final payment request, Program Performance Report and a year-end analysis and any other required reports on or before October 10, 2018. If the PARTNERSHIP fails to comply with the requirements of this Article, the COUNTY may refuse to honor or be held liable for payment of any late request(s) for payment. ARTICLE V MAINTENANCE OF RECORDS The PARTNERSHIP shall maintain such financial records and accounts, including invoices, purchase orders and backup materials or documents deemed necessary to assure a proper accounting for all COUNTY funds for which the COUNTY is obligated to reimburse the PARTNERSHIP 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 matters covered by this Agreement. The PARTNERSHIP 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. 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 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. Packet Pg. 1429 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1191, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC Coniniunication and Customer Relations Division 3299 Tarniami Trail E., Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 ARTICLE V1 INDEMNIFICATION The PARTNERSHIP shall indemnify, hold harmless and defend the COUNTY, its agents and employees from and against any and all liabilities, losses, claims, damages, demands, expenses or actions, either at law or in equity, including court costs and attorneys' fees, that may hereafter at any time be made or brought by anyone on account of personal injury, property damage, loss of monies, or other loss, allegedly caused or incurred, in whole or in part, as a result of any negligent, wrongful or intentional act or omission, or based on any act of fraud or defalcation by the PARTNERSHIP, its agents, subcontractors, assigns, heirs, and employees during the performance of this Agreement. The extent of its indemnification shall be limited by the insurance available to the PARTNERSHIP in accord with Article X of this Agreement. In any and all claims against the COUNTY or any of its agents or employees by any employee of the PARTNERSHIP, any subcontractor, heir, assign, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall be limited to the amount or type of damages, compensation or benefits payable by or for all employees of the PARTNERSHIP or any subcontractor under the Workers' Compensation Act, disability benefit acts or other employee benefit acts, ARTICLE VII TERMINATION This Agreement may be terminated for any reason by either party by giving a minimum of one hundred twenty (120) days" prior written notice of such intent, specifying the effective date thereof to the other parties. The aforesaid termination notices, as well as other notices required herein, shall be considered received by the PARTNERSHIP and the COUNTY if sent by certified mail, return - receipt requested, or by overnight might personal delivery service requiring a signature for delivery, and addressed as provided in Article XXVIII of this Agreement. Packet Pg. 1430 ARTICLE VIll 139UAL OPPORTUNITY CLAUSE The PARTNERSHIP agrees to abide by the provisions contained in Collier County CMA #5383, as amended, which is incorporated herein by reference in Exhibit F. ARTICLE IX STATEMENT OF ASSURANCE During the performance of this Agreement, the PARTNERSHIP assures the COUNTY that the PARTNERSHIP is in compliance with Title V11 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 the PARTNERSHIP does not, on the grounds of race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against the PARTNERSHIP's employees or applicants for employment. Further, the PARTNERSHIP assures the COUNTY of the PARTNERSHIP's compliance with the Americans with Disabilities Act of 1990, as amended, as applicable. The PARTNERSHIP understands and agrees that this Agreement is conditioned upon the veracity of such statements of assurance. Furthermore, the PARTNERSHIP assures the COUNTY that it will comply with Title VII of the Civil Rights Act of 1964 when federal grant(s) 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 INSURANCE The PARTNERSHIP shall provide and maintain the following insurance coverages in the amounts specified throughout the period of this Agreement on behalf of the PARTNERSHIP and the COUNTY, by naming the COUNTY as an additional insured under the policies of the insurance it maintains; a copy of the declarations page thereof being attached as Exhibit E, as follows: Commercial General Liability insurance, within coverage limits of $500,000 general, which shall apply to claims that may he asserted against the COUNTY by reason of the act or activities of the PARTNERSHIP. The PARTNERSHIP shall maintain Workers' Compensation coverage, as required by Florida law. All insurance shall be 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 COUNTY for any cancellation, intent not to renew, or reduction in the policy coverage. Coverage shall be documented by a Certificate of Insurance. ARTICLE XI CONFLICT OF INTEREST The PARTNERSHIP 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 I Packet Pg. 1431 1 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 The PARTNERSHIP shall administer, in good faith, a policy designed to ensure that the PARTNERSHIP's employees, agents and subcontractors are free from 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. Venue shall be in Collier County, Florida. ARTICLE XIV COMPLIANCE The PARTNERSHIP shall comply with the requirements of all federal, state, and local laws, rules, codes, ordinances and regulations pertaining to this Agreement. 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 convenience and shall not reflect 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. VA I Packet Pg. 1432 1 . ARTICLE XVIII ADDITIONAL RIGHTS AND REMEDIES Nothing contained herein shall be construed as a limitation on such other rights 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 If there is 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. ARTICLE XXI PROJECT PUBLICITY Any news release or other type of publicity pertaining to the services performed by the PARTNERSHIP pursuant to this Agreement must recognize the contribution of the BCC as a funding source. As a not -for -profit corporation receiving public funding or non -monetary contributions through the COUNTY, the PARTNERSHIP shall recognize the COUNTY for its contribution on all promotional materials and at any event or workshop for which the 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 funding source. In addition, any development project announcement, ceremonial business opening, or publicity event resulting from the efforts of the PARTNERSHIP and, particularly those projects induced with COUNTY funded financial incentives or 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 made no less than 15 working days, whenever possible or practicable, and potential prospects will be made aware of the COUNTY's publicity protocol before the final inducement with any incentive packages or contributions. ARTICLE XXII SURVIVABILITY Any term, condition, covenant or obligation that requires performance by either party subsequent to termination of this Agreement shall remain enforceable against such party subsequent to such termination. M Packet Pg. 1433 ARTICLE XXII THIRD -PARTY BENEFICIARIES This Agreement is for the benefit ofthe COUNTY and the PARTNERSHIP. 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 The PARTNERSHIP shall not engage, participate or intervene in any form of political campaign on behalf of, or in opposition to, any candidate for political office. 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 only be modified, amended, extended or canceled, by written instrument executed by the COUNTY and the PARTNERSHIP. Similarly, no contract that purports to affect the terms of this Agreement shall be valid as it affects this Agreement unless in writing and executed by the COUNTY and the PARTNERSHIP. ARTICLEXXV1 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- If to the PARTNERSHIP: Collier County The Partnership for Collier's Future Economy Leo Ochs, County Manager, Collier County Michael Dalby, President and CEO 3299 Tarniami Trail East, Suite 201 2390 Tamiatni Trail North, Suite 210 Naples, FL 34112 Naples. FL 34103 IN WITNESS WHEREOF, this Agreement was dated on the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLIEYQPUNTY, FLORIDA By: D r�'C"%- ERK' Penny TaylKX Fiairman P n' 9 FPacket Pg. 1434 ATTEST: THE PARTNERSHIP FOR COLLIER'S FUTURI:',' ECONOMY INC., By: By: M�ichAl Dalby, Presiden and Approved as to form and legality Jennpedi Belo fit Assistant County Attlo ey 0 10 Packet Pg. 1435 EXHIBIT A SCOPE OF SERVICES ORGANIZATION: The Partnership for Collier's Future Economy Inc. PROGRAM: Economic Development Services Performance Criteria PARTNERS141P shall provide the supporting documentation identified on Exhibit C to substantiate the following activities/accomplishments for reimbursement: Deliverable 1: Maintain a minimum PARTNERSHIP staff of one (1) full-time employee, Vice President of Economic Development, with up to a 90-day grace period in the event of an employee separation occurrence. The progress and completion of this deliverable will be evidenced by providing the COUNTY with payroll reports, bank transaction reports, and IRS form 941. Deliverable 2: Maintain a website that is search -engine optimized, and monitor analytic reports on its usage, as evidenced by the submission of analytic reports. Deliverable 3: Complete 50 retention visits with Collier County businesses. Retention visits are in -person visits to existing businesses in Collier County that assess the needs of the business and provide the business with information about resources available, as evidenced by submitting a report listing businesses visited and the date visited. Deliverable 4: Schedule two and attend 4 quarterly meetings with the County's Office of Business & Economic Development and the Southwest Florida Economic Development Alliance Inc. to review economic development activities and project updates, and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic Development. Progress and completion of this deliverable will be evidenced by submission of the email invitation to 2 quarterly meetings and monthly telephone conferences. 11 Packet Pg. 1436 16.F.1.a EXHIBIT B METHOD OF PAYMENT AND BUDGET DETAI L ORGANIZATION: The Partnership for. Collier's Future Economy Inc. PROGRAM: Economic Development Services RELEASE OF FUNDS SHALL BE IN ACCORDANCE WITH THE, APPROVED BUDGET AND WILL BE MADE UPON RECEIPT OF THE COMPLETED REQUEST FOR PAYMENT FORM. NO MODIFICATIONS WITHIN THE BUDGET CATEGORIES SHALL BE FUNDED UNLESS PRIOR WRITTEN APPROVAL HAS BEEN GRANTED BY THE COUNTY MANAGER, WHOSE APPROVAL SHALL BE CONSISTENT WITH THE TERMS OF THE COUNTYIPARTNERSHIP BUDGET AND AGREEMENT, AND NOT UNREASONABLY WITHHELD. THE COUNTY'S FISCAL YEAR COMMENCES ON OCTOBER Is" AND ENDS ON SEPTEMBER 30TH OF THE FOLLOWING CALENDAR YEAR. INVOICES FOR SERVICES DELIVERED BETWEEN OCTOBER Is" AND SEPTEMBER 30"" MUST BE RECEIVED NO LATER THAN OCTOBER 1OrH OF EACH YEAR TO ALLOW CLOSEOUT OF THE COUNTY'S FISCAL YEAR. IN NO EVENT, HOWEVER, SHALL PAYMENTS TO THE PARTNERSHIP UNDER THIS AGREEMENT EXCEED $100,000.00 PER COUNTY FISCAL YEAR. TOTAL (County Portion); $100,000.00 (fiscal year) The requests for payment shall include the report on progress on the deliverables identified in the agreed -to Scope of Services. 1711l7 3y _! lilt ! : %T1►T Budget Category Approved Budget Deliverable 1: 1 fill -time employee salary, including benefits $70,0O0.O0 Deliverable 2; Website (annual maintenance of modules/functionality) $15,000.00 Deliverable 3. Complete 50 retention visits $15,000.00 Total 1 $100,000.00 12 Packet Pg. 1437 EXHIBIT C PROGRAM PERFORMANCE REPORT ORGANIZATION: The Partnership for Collier's Future Economy Inc, PROGRAM: Economic Development Services REPORT PERIOD THROUGI-I ACCOMPLISHMENTS: Report No, Deliverables 1. Submit on or before January 31, 2018, for the period of October 1, 2017, through December 31, 2017. Deliverable-L Maintain a minimum PARTNERSHIP staff of one fl) full-time employee, Vito President of Economic Development, with up to a 90-dal grace period in the event of an employee separation occurrence. The progress and completion of this deliverable will be evidenced by providing the COUNTY with. payroll reports, bank transaction reports, and MS form 941. Deliverable 2: Maintain a website that is search -engine optimized, and m2u_il2r gHlytic reports on Its usage, as evidenced. by the submission of analytic reports. Deliverable 3: Progress toward 50 retention visits with Collier County businesses. Retention visits are in -person visits to existing businesses in Collier County that assess the needs of the business and provide the business with information about resources available, as evidenced 0 v submitting a report listing businesses , visited and the date visited. Deliverable 4: Progress towards scheduling two and attending 4 quarterly meetings with the County's Qfflce of Business & Economic Development and the Southwest Florida Economic Development Alliance Inc. to review economic development activities and Promect uggaL% and schedule a monthly telephone conference with the Director of Collier Coupft's Office of Business & Economic Re_velop_ment. Progress and completion of this deliverable will be evidenced by submission of the email invitation to 2 anarterly Mjgfiggl and _m_on_ft jpUehone conferences. 2. Submit on or before April 30, 2018, for the period of January 1, 2018, through March 30, 2018. Deliver" 1: Maintain g MiglEjum EAR�R�IHP staff of one (1) ftd-time employ". Vice President of Economic Development, with no to a 90-day grace geriod in the event of an erniploveg separation occurrence. The progress'and completion of this deliverable will be evidenced by providing the COUNTY with paroll reports, bank transaction reports, and IRS form 41. Deliverable 2: Maintain a website that is search -engine optimized, and mjm�tor analytic reports on its usage, as evidenced by the submission of anjhAc reports. Deliverable 3: progress toward 50 retention visits with Collier County businesses. Retention visits are in -person visits to existing businesses in Collier County that nags the needs of the business and provide the business with information about resources' available, as evidenced by submitting a report listing basinees visited and the date visited. 13 Packet Pg. 1438 16.F.1.a m Deliverable 4: Pro"r ss towards scheduling two and attending 4 quarterly meetings with the County's Office of Business & Economic Development and the Southwest Florida Economic Deyelo meat Alliance Inc. to review economic development activities and proiect updates, and schedule a monthly telephone conference with the Director of Colter County's Office of Business & Economic Development. Progress and completion of this deliverable will be evidenced by submission of the email invitation to 2 Quarterly meetings and -monthly teleubone conferences. 3. Submit on or before July Deliverable 1: Maintain a minimum PARTNERSHIP staff of one (1) full-time employee, Vice President of Economic Development, 31, 2018, for the period of April 1, 2018, through June 30, 2018. with up to a 90-day grace period in the event of an employee separation occurrence. The progress and comuletion of this deliverable will be evidenced by providing the COUNTY with nayroll reports, bank transaction reports. and1RS form 941. Deliverable 2:Maintaina w_ebsite that is search -engine optimized, and monitor analytic reports on its usage, as evidenced by the submission of analytic reports. Deliverable 3• Progress toward §Q retention visits with Collier County businesses Retention visits are in -person visits to existing businesses in Collier County that assess the needs of the business and provide the business with information about resources alailable, as evideaced by submitting a report listing businesses visited and the date visited. Deliverable 4• Progress toward schedule two and attending 4 nuarterly meetings with the County's Office of Business & . Economic Development and the Southwest Florida Economic Development Alliance Inc. to review economic development activities and project updates and a*Jule a monthly telephone conference with the Director of Collier County's Office of Business & Economic Development, Progress and completion of this deliverable will be evidenced by submission of the email invitation to 2 auartealy meetings and monthly telephone conferences. 4. Submit on or before October 10, 2018, for the period of July 1, 2018, through September 30, 2018. Deliverable 1• Maintain a minimum PAR`NERSHIP staff of one (1) full time employee, Vice President of Economic Development, with up to a 90-daI grace period in the even# of an employee separation occurrence. The progress and completion of this deliverable will be evidenced by providing the COUNTY with payroll reports, bank transaction reports, and MS form 941. Deliverable 2: Maintain a website that is search -engine og# ski A, and monitor analytic reports on its usage, as evidenced by the submission of analytic reports. Deliverable 3; Complete 50 xetention visits with Collier County, ,businesses. Retention visits are in -person visits to existing businesses in Collier County thIt assess the needs of the business _ and provide the business with information about resources a bl as evidenced b sub ' Mort listi businesses C 0 0 w L U- L N m v L m c 0 IL d z 3 c E Q a z a� c t= ce IL a 14 Packet Pg. 1439 16.F.1.a visited and the date visited. Deliverable 4: Progress toward scheduling two and attending 4 guarterly meetings with the County's Office of Business & Economic Develo ment and the Southwest Florida Economic Development Alliance Inc. to review economic development activities and proiect updates, and schedule a monthly telephone N Co M O N L E V L d IL c d E w w L Im m c LM L 0 d E t 0 a Q 15 ! j Packet Pg. 1440 EX141BIT 1) PAYMENT RECORD CHART FOR PARTNERSHIP AGREEMENT 16 Packet Pg. 1441�t EXHIBIT E PARTNERSHIP GENERAL LIABILITY COVERAGE DECLARATION SHEET 17 Packet Pg. 1442 EXHIBIT F COLLIER COUNTY CMA #5383 EQUAL EMPLOYMENT OPPORTUNITY (EEO) [Effective Date: March 17, 19" (Revised: October 1, 2001, Revised: October 1, 2003; Revised: May 1,2009)1 § 5383-1. Purpose. The purpose of this instruction is to provide for the implementation of an 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 that 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 far maintaining the currency of this instruction. § 53834. Reference. 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. 18 Packet Pg. 1443 EXHIBIT G ROLE AND RESPONSIBILITIES OF PARTNERSHIP The County's Office of Business & Economic Development and the Partnership agree that all inquiries for business retention/expansion will be directed to the Partnership as the first responder in those areas and that the Partnership will initiate calls in those areas as well. The Partnership will also be the primary point of contact for Enterprise Florida Inc. and Florida Power & Light. Provide an Annual Accomplishment Report in compliance with Section 125.045(4) F.S. to the County on an annual basis, within 30 days of the end of the term of this Agreement. A presentation to the BCC may be required to present this report, as needed. Develop a fundraising plan that contemplates the achievement of private contribution goals, and submit it to the County within 90 days of execution of this Agreement. Partnership Functions include, but are not limited to, the following: 1. Business Retention, Expansion and Outreach 1. Conduct expansion/outreach face-to-face visits. 2. Maintain accurate records in a customer relationship management system, including assists and casework for existing industry outreach. 11. Business Attraction and Marketing 3. Maintain accurate records in a customer relationship management system, including assists and casework for business attraction. 4. Respond to requests for information and proposals from site selection consultants, Enterprise Florida Inc., Florida Power & Light and any other inquiries involving new business attraction or relocation. 5, Work with state, regional and local partners to market Collier County as a competitive location for business. Attend a minimum of one (1) Southwest Florida Economic Development Alliance outreach trip. 6. Provide an intemet-based marketing tool for identifying existing sites, buildings and market -ready facilities (office space and industrial locations) for prospects and planning purposes. M. Project Team Participation 7. Participate on project team for retention, expansion and attraction projects. 8. Complete delegated project tasks, including, but not limited to, scheduling meetings, completing documents, researching and drafting correspondence. 9. Bi-annually invite the President and CEO and County Manager to attend the quarterly meeting with the County's Office of Business and & Economic Development and Southwest Florida Economic Development Alliance to attend. 19­_ Packet Pg. 1444 10, Leverage and align, where applicable, PARTNERSHIPS's marketing plans with the Southwest Florida Economic Development Alliance and Enterprise Florida Inc.'s marketing plans and initiatives to distinguish Collier County as a premier business location. IV. Optimize the K-20 talent and training pipeline in Collier County 11. Work with the FutureMakers Coalition and Future Ready Collier to increase retention and improve local talent. Participate in the management meetings, as well as the College & Career Readiness work group. 12. Work with CareerSource Southwest Florida to provide training and workforce solutions for existing and new businesses in Collier County. V. Implement Opportunity Naples' Strategic Plan 13, Hold four (4) Opportunity Naples Implementation Committee meetings annually. 14. Ensure that public and private leadership coalesces around the need for implementing a comprehensive community and quality job development initiative. 15. Promote Opportunity Naples' strategy externally, through speaking engagements, earned- and placed -media and social media. VI. Data -Resource Management 16. Update key data points on a monthly, quarterly and annual basis, including workforce, industry, unemployment, etc. V11. Community/Organizational Partnerships and Governmental Navigation 17. Maintain existing partnerships and establish new partnerships with community and industry organizations, as well as key governmental entities, including, but not limited to, Champions for Learning, the county Growth Management Department, the Florida Economic Development Council, International Economic Development Council, the Florida Chamber and the Naples Accelerator, Collier County's soft landing business accelerator. 20 Packet Pg. 1445 16.F.1.b EXTENSION : ► 1 AMENDMENT AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA THIS EXTENSION and AMENDMENT AGREEMENT ("Amendment") is made and entered into this _ day of September 2021, by and between Collier County, a political subdivision of the State of Florida (the "COUNTY"), and the Partnership for Collier's Future Economy Inc. ("PARTNERSHIP), a Florida not -for -profit corporation, whose address is 2390 Tamiami Trail N., #210, Naples, FL 34103 ("PARTNERSHIP"). RECITALS: WHEREAS, the parties entered into an Agreement dated September 24, 2019; and WHEREAS, the parties wish to extend the Agreement for another year, with minor changes to the Scope of Services and other matters as detailed below. NOW, THEREFORE, in consideration of the promises and covenants contained herein, and other good and valuable consideration exchanged amongst the parties, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The Term of the Agreement is hereby extended through September 30, 2022, unless terminated or extended as set forth in the Agreement. 3. All Exhibits set forth in the Agreement are hereby superseded and replaced in their entirety by the attached exhibits. 4. Excepting the above, all other terms and conditions of the Agreement continue in full force and effect. Remainder of Page Intentionally Left Blank Signature and Exhibit Pages to Follow P Packet Pg. 1446 16.F.1.b IN WITNESS WHEREOF, the parties have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. Attest: CRYSTAL K. KINZEL, CLERK DEPUTY CLERK Approved to as to form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA M PENNY TAYLOR, CHAIRMAN PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY By: Signature Printed/Typed Name Printed/Typed Title 3 ' AU Packet Pg. 1447 16.F.1.b EXHIBIT A SCOPE OF SERVICES ORGANIZATION: The Partnership for Collier's Future Economy Inc. PROGRAM: Economic Development Services Performance Criteria PARTNERSHIP shall provide the supporting documentation identified on Exhibit C to substantiate the following activities/accomplishments for reimbursement: Deliverable L. Maintain a minimum PARTNERSHIP staff of one (1) full-time employee, with up to a 90-day grace period in the event of an employee separation occurrence. The progress and completion of this deliverable will be evidenced by providing the COUNTY with payroll reports, bank transaction reports, and IRS form 941. Deliverable L. Assist in website collaboration, including (a) response to inquiries from CollierEDO.org, (b) contribution to the monthly Collier EDO newsletter, and (c) assistance with website updates and management. The progress and completion of this deliverable will be evidenced by a quarterly analytics report and submission of draft newsletter content to the appropriate COUNTY contact. Deliverable 3: Complete 50 retention visits with Collier County businesses. Retention visits are in- ep rson visits to existing businesses in Collier County that assess the needs of the business and provide the business with information about resources available, as evidenced by submitting a report listing businesses visited and the date visited. Deliverable 4: Coordinate monthly with County Staff on economic development activities and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic development. Progress and completion of this deliverable will be evidenced by submission of the email invitation. Deliverable 5: Provide a quarterly economic update to County Commissioners and organize an annual meeting providing an annual economic update. Deliverable 6: Maintain membership to applicable economic development partner organizations including Florida Economic Development Council, Enterprise Florida, and Florida Power and Light. Attend annual meetings and applicable conferences and as a representative of Collier County. The progress and completion of this deliverable will be evidenced by membership and conference invoices. a Packet Pg. 1448 EXHIBIT B METHOD OF PAYMENT AND BUDGET DETAIL ORGANIZATION: The Partnership for Collier's Future Economy Inc. PROGRAM: Economic Development Services RELEASE OF FUNDS SHALL BE IN ACCORDANCE WITH THE APPROVED BUDGET AND WILL BE MADE UPON RECEIPT OF THE COMPLETED REQUEST FOR PAYMENT FORM. NO MODIFICATIONS WITHIN THE BUDGET CATEGORIES SHALL BE FUNDED UNLESS PRIOR WRITTEN APPROVAL HAS BEEN GRANTED BY THE COUNTY MANAGER, WHOSE APPROVAL SHALL BE CONSISTENT WITH THE TERMS OF THE COUNTY/PARTNERSHIP BUDGET AND AGREEMENT, AND NOT UNREASONABLY WITHHELD. THE COUNTY'S FISCAL YEAR COMMENCES ON OCTOBER 1sT AND ENDS ON SEPTEMBER 30TH OF THE FOLLOWING CALENDAR YEAR. INVOICES FOR SERVICES DELIVERED BETWEEN OCTOBER 1sT AND SEPTEMBER 30TH MUST BE RECEIVED NO LATER THAN OCTOBER 1 OTH OF EACH YEAR TO ALLOW CLOSEOUT OF THE COUNTY'S FISCAL YEAR. IN NO EVENT, HOWEVER, SHALL PAYMENTS TO THE PARTNERSHIP UNDER THIS AGREEMENT EXCEED $100,000.00 PER COUNTY FISCAL YEAR. TOTAL (County Portion): $100,000.00 (fiscal year) The requests for payment shall include the report on progress on the deliverables identified in the agreed -to Scope of Services. BUDGET DETAIL FOR SERVICES Budget Category Approved Budget Deliverable 1: 1 full-time employee salary, including benefits $70,000.00 Deliverables 2 and 5: Website (inquiries/Newsletter/Content) $10,000.00 Deliverable 3: Complete 50 retention visits $15,000.00 Deliverable 6: Membership and Conferences $5,000.00 Total $100,000.00 Packet Pg. 1449 16.F.1.b EXHIBIT C PROGRAM PERFORMANCE REPORT ORGANIZATION: The Partnership for Collier's Future Economy Inc. PROGRAM: Economic Development Services REPORT PERIOD THROUGH ACCOMPLISHMENTS: Report No. Deliverables 1. Submit on or before Deliverable l: Maintain a minimum PARTNERSHIP staff of January 31, 2022, for the one (1) full-time employee, with up to a 90-day grace period in period of October 1, the event of an employee separation occurrence. The progress 2021, through December and completion of this deliverable will be evidenced by 31, 2021. providing the COUNTY with payroll reports, bank transaction reports, and IRS form 941. Deliverable 2: Assist in website collaboration, including (a) response to inquiries from CollierEDO.org, (b) contribution to the monthly Collier EDO newsletter, and (c) assistance with website updates and management. The progress and completion of this deliverable will be evidenced by a quarterly analytics report and submission of draft newsletter content to the appropriate COUNTY contact. DcliN crable 3: Complete 50 retention visits with Collier County businesses. Retention visits are in -person visits to existing businesses in Collier County that assess the needs of the business and provide the business with information about resources available, as evidenced by submitting a report listing businesses visited and the date visited. Deliverable 4: Coordinate monthly with County Staff on economic development activities and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic development. Progress and completion of this deliverable will be evidenced by submission of the email invitation. Deliverable 5: Provide a quarterly economic update to County Commissioners and organize an annual meeting providing an annual economic update. Deliverable 6: Maintain membership to applicable economic development partner organizations including Florida Economic Development Council, Enterprise Florida and Florida Power and Light. Attend annual meetings and applicable conferences and as a representative of Collier County. The progress and completion of this deliverable will be evidenced by membership and conference invoices. C) 4' Packet Pg. 1450 16.F.1.b 2. Submit on or before Deliverable 1: Maintain a minimum PARTNERSHIP staff of April 30, 2022, for the one (1) full-time employee, with up to a 90-day grace period inthe period of January 1, event of an employee separation occurrence. The progress and 2022, through March 30, completion of this deliverable will be evidenced by providing the 2022. OUNTY with payroll reports, bank transaction reports, and IRS Vorm 941. Deliverable 2: Assist in website collaboration, including (a) response to inquiries from CollierEDO.org, (b) contribution to the monthly Collier EDO newsletter, and (c) assistance with website updates and management. The progress and completion of this deliverable will be evidenced by a quarterly analytics report and submission of draft newsletter content to the appropriate COUNTY contact. Deliverable 3: Complete 50 retention visits with Collier County businesses. Retention visits are in -person visits to existing businesses in Collier County that assess the needs of the business and provide the business with information about resources available, as evidenced by submitting a report listing businesses visited and the date visited. Deliverable 4: Coordinate monthly with County Staff on economic development activities and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic development. Progress and completion of this deliverable will be evidenced by submission of the email invitation. Deliverable 5: Provide a quarterly economic update to County Commissioners and organize an annual meeting providing an annual economic update. Deliverable 6: Maintain membership to applicable economic development partner organizations including Florida Economic Development Council, Enterprise Florida and Florida Power and Light. Attend annual meetings and applicable conferences and as a representative of Collier County. The progress and completion of this deliverable will be evidenced by membership and conference invoices. Packet Pg. 1451 16.F.1.b 3. Submit on or before July Deliverable 1: Maintain a minimum PARTNERSHIP staff of 31, 2022, for the period one (1) full-time employee, with up to a 90-day grace period in of April 1, 2022, through the event of an employee separation occurrence. The progress June 30, 2022. and completion of this deliverable will be evidenced by providing the COUNTY with payroll reports, bank transaction reports, and IRS form 941. Deliverable 2: Assist in website collaboration, including (a) response to inquiries from CollierEDO.org, (b) contribution to the monthly Collier EDO newsletter, and (c) assistance with website updates and management. The progress and completion of this deliverable will be evidenced by a quarterly analytics report and submission of draft newsletter content to the appropriate COUNTY contact. Deliverable L. Complete 50 retention visits with Collier County businesses. Retention visits are in -person visits to existing businesses in Collier County that assess the needs of the business and provide the business with information about resources available, as evidenced by submitting a report listing businesses visited and the date visited. Deliverable 4: Coordinate monthly with County Staff on economic development activities and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic development. Progress and completion of this deliverable will be evidenced by submission of the email invitation. Deliverable 5: Provide a quarterly economic update to County Commissioners and organize an annual meeting providing an annual economic update. Deliverable 6: Maintain membership to applicable economic development partner organizations including Florida Economic Development Council, Enterprise Florida and Florida Power and Light. Attend annual meetings and applicable conferences and as a representative of Collier County. The progress and completion of this deliverable will be evidenced by membership and conference invoices. 8 Packet Pg. 1452 16.F.1.b 4. Submit on or before Deliverable 1: Maintain a minimum PARTNERSHIP staff of October 10, 2022, for the one (1) full-time employee, with up to a 90-day grace period in period of July 1, 2022, the event of an employee separation occurrence. The progress through September 30, and completion of this deliverable will be evidenced by 2022. providing the COUNTY with payroll reports, bank transaction reports, and IRS form 941. Deliverable 2: Assist in website collaboration, including (a) response to inquiries from CollierEDO.org, (b) contribution to the monthly Collier EDO newsletter, and (c) assistance with website updates and management. The progress and completionof this deliverable will be evidenced by a quarterly analytics report and submission of draft newsletter content to the appropriate COUNTY contact. Deliverable 3: Complete 50 retention visits with Collier County businesses. Retention visits are in -person visits to existing businesses in Collier County that assess the needs of the business and provide the business with information about resources available, as evidenced by submitting a report listing businesses visited and the date visited. Deliverable 4: Coordinate monthly with County Staff on economic development activities and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic development. Progress and completion of this deliverable will be evidenced by submission of the email invitation. Deliverable 5: Provide a quarterly economic update to County Commissioners and organize an annual meeting providing an annual economic update. Deliverable 6: Maintain membership to applicable economic development partner organizations including Florida Economic Development Council, Enterprise Florida and Florida Power and Light. Attend annual meetings and applicable conferences and as a representative of Collier County. The progress and completion of this deliverable will be evidenced by membership and conference invoices. 9 0 GT Packet Pg. 1453 16.F.1.b EXHIBIT D PAYMENT RECORD CHART FOR PARTNERSHIP AGREEMENT Budget Category Annual Budget Expenditures Current Request YTD Request Remaining Balance Salaries, including Benefits $70,000 Website (Inquiries/Newsletter/Content $10,000 Retention Visits $15,000 Membership/Conferences $5,000 Total $100,000 N co M O N 4) a E lC r.+ N 0 Q L) w _ E L Im M _a L d L R IL d E t �a Q 10 O Packet Pg. 1454 1 6.F.1.b EXHIBIT E PARTNERSHIP GENERAL LIABILITY COVERAGE DECLARATION SHEET 11 0. U Packet Pg. 1455 16.F.1.b EXHIBIT F COLLIER COUNTY CMA 45383 EQUAL EMPLOYMENT OPPORTUNITY (EEO) [Effective Date: March 17, 1999 (Revised: October 1, 2001; Revised: October 1, 2003; Revised: May 1, 2009)] § 5383-1. Purpose. The purpose of this instruction is to provide for the implementation of an 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 that 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. 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. 12 `Z Packet Pg. 1456 16.F.1.b EXHIBIT G ROLE AND RESPONSIBILITIES OF PARTNERSHIP The County's Office of Business and Economic Development and The Partnership agree that all inquiries for business retention/expansion will be directed to the Partnership as the first responder in those areas and that the Partnership will respond to requests for information and proposals from site selection consultants, Enterprise Florida, Florida Power and Light and any other inquiries involving new business attraction or relocation . The Partnership will also be the primary point of contact for Enterprise Florida and Florida Power and Light. Provide an Annual Accomplishment Report in compliance with Section 125.045(4) F.S. to County on an annual basis within 30 days of the end of the term of this Agreement. A presentation to the BCC may be required to present this report, as needed. Develop a budget reflecting the Chamber's contributions towards economic development and submit to the County within 90 days of execution of this Agreement. Partnership Functions include, but are not limited to, the following: I. Business Retention, Expansion and Outreach a. Conduct 50 expansion/outreach face to face visits. b. Maintain accurate records in a customer relationship management system for existing industry outreach and prospect activity. c. Provide a quarterly report noting businesses met with and findings (growth, contraction, concerns, issues, etc.). d. Encourage the growth of existing industries and business, while giving proper assistance to any new firms or individuals seeking to locate. II. Business Attraction and Marketing a. Develop, maintain and update website with up-to-date information on Collier County business opportunities and to ultimately market Collier County as a desirable location for business enterprises. b. Respond to requests for information and proposals from site selection consultants, Enterprise Florida, Florida Power and Light and any other inquiries involving new business attraction or relocation. c. Work with state, regional and local partners to market Collier County as a competitive location for business. d. Provide an internet-based marketing tool for identifying existing sites, buildings and business -market ready facilities (office space and industrial locations) for prospects and planning purposes. e. Leverage and align, where applicable, PARTNERSHIP marketing plans with Enterprise Florida Inc's marketing plans and initiatives to distinguish Collier County as a premier business location. III. Workforce Development Initiatives a. Connect our education partners with business leaders to optimize the success of workforce development programs to support the current and future economy. b. Develop a strategy and plan for the recruitment and retention of talent with the support and collaboration of local and regional partners including, but not limited to, CareerSource of SWFL, FGCU, FSW, iTech, LWTC, Future Ready Collier, and Collier Leads. c. Work with career assistance centers and secondary education institutions to enhance the skills of 13 0 32* Packet Pg. 1457 16.F.1.b the Collier County workforce and to ensure our talent attraction programs are relevant and responsive to the needs of our businesses. IV. Data and Reporting a. Update key data points on a monthly, quarterly and annual basis, including workforce, business creation and closures, unemployment, etc. b. Conduct research and reporting through business retention and expansion visits and provide quarterly reporting on aggregate data from these visits. V. Collaboration and Partnerships a. Maintain effective relations with state, local and regional partners and inform county -wide partners on project statuses and new project inquiries, when applicable. b. Initiate, support and maintain existing partnerships and establish new partnerships with community and industry organizations, as well as key governmental entities. 14 0 Packet Pg. 1458 b16.F.1.c--.W AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY, INC. THIS AGREEMENT ("Agreement") is made and entered into this 24th day of September, 2019, by and between Collier County, a political subdivision of the State of Florida (the "COUNTY"), and the Partnership for Collier's Future Economy Inc. ("PARTNERSHIP), a Florida not -for -profit corporation, whose address is 2390 Tamiami Trail N., #210, Naples, FL 34103 ("PARTNERSHIP"). WITNESSETH WHEREAS, the COUNTY has determined that strategic planning, business retention, expansion, attraction and workforce/talent efforts through the PARTNERSHIP to assist the private sector and other governmental agencies will enhance Collier County's economic wellbeing, are activities in the public interest and are lawful and beneficial purposes of the COUNTY; and WHEREAS, the PARTNERSHIP is a business and economic development organization with a mission to enhance Collier County's economic wellbeing and create a vision to strengthen and maintain Collier County as a leading business center of Southwest Florida; and WHEREAS, the PARTNERSHIP collaborates with the COUNTY in the achievement of the economic development goals and objectives of the Collier County Board of County Commissioners (the "BCC"); and WHEREAS, the COUNTY enjoys broad Home Rule Powers that 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 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, 1 0 Packet Pg. 1459 6 FEE 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 PARTNERSHIP, in concert with the BCC, has determined that the strategies and corresponding key initiatives to achieve such objectives include those below: • implementing the Economic Development Strategic Plan adopted by the BCC; • Providing existing businesses with access to long-term expansion/retention services; and • Recruiting new businesses and marketing Collier County to attract employment opportunities for residents; • Engaging Enterprise Florida Inc., regional utility providers and other economic development partners as Collier County's point of contact, and WHEREAS, the COUNTY desires to have the PARTNERSHIP provide private sector leadership to achieve the strategies set forth above and the PARTNERSHIP is willing to undertake such functions under the terms of this Agreement; and WHEREAS, the parties wish to enter into an Agreement, as stated below, to continue the COUNTY's support of the PARTNERSHIP in Fiscal Year 2020. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein and other good and valuable consideration, the COUNTY and PARTNERSHIP agree as follows: ARTICLE I SCOPE OF SERVICES AND ROLES AND RESPONSIBILITIES The PARTNERSHIP shall promote economic development for the COUNTY by providing the services and activities described in Exhibit A, Scope of Services, 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 the PARTNERSHIP. The matrix in Exhibit G, which is incorporated herein by this reference, defines the broader COUNTY economic development relationship with the PARTNERSHIP, which will be reviewed and monitored by COUNTY staff. 2 Packet Pg. 1460 1 6 FE16.F.1.c ARTICLE 1I PERIOD OF AGREEMENT This Agreement shall be effective upon execution by both parties and shall cover services provided from October 1, 2019, through September 30, 2020, unless terminated in accordance with this Agreement or extended by mutual written Agreement of the parties. ARTICLE III CONSIDERATION AND LIMITATION For its performance under this Agreement, the PARTNERSHIP will receive funds from the COUNTY in an amount not to exceed One Hundred Thousand Dollars ($100,000). It is intended that the services performed by the PARTNERSHIP shall be on a cost - reimbursement methodology for actual eligible expenditures. Actual expenditures eligible as a basis for reimbursement can and shall include salaries and employee benefits (dental, vision, and health insurance) and costs for PARTNERSHIP personnel performing services described in Exhibit B. The PARTNERSHIP shall be entitled to compensation upon BCC approval of the Agreement, distributed no more frequently than on a quarterly basis for reimbursement of eligible expenses approved by the County and Clerk of Court. All invoices shall be submitted in accordance with COUNTY procedures and in a form acceptable to the COUNTY and the PARTNERSHIP, as generally outlined in Exhibit B, Method of Payment and Budget Detail, and Exhibit C, Program Performance Report, attached hereto and by reference made a part hereof. Eligible operating expenses incurred to provide services consistent with the scope of services described in Exhibit A are outlined in Exhibit B. In no event will COUNTY funds be expended for the PARTNERSHIP's purchase of food, beverages or entertainment costs or in support of electioneering. ARTICLE IV PAYMENT AND REPORTING REQUIREMENTS For its performance under this Agreement, County shall pay to the PARTNERSHIP as follows: First Quarter: Up to $25,000, prorated as of the date the full-time employee commences their employment. If during the first quarter of this Agreement a full-time employee has not commenced employment, the County may, at its option, terminate the Agreement by written notice. Second Quarter: $25,000, predicated on the full-time employee continuous employment during this quarter, otherwise prorated by the number of days of employment. Third Quarter: $25,000, predicated on the full-time employee continuous employment during this quarter, otherwise prorated by the number of days of employment. Fourth Quarter: $25,000, with a true -up for (1) the number of days the required website Packet Pg. 1461 16F1 6.F.1.c was not is service or used as required; and (2) for the required 50 retention visits. As an example, if there were only 25 retention visits, the County would deduct $7,500 (or half of the $15,000 consideration for this service) from the final payment. All payment requests by the PARTNERSHIP 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 the PARTNERSHIP, as generally outlined and set forth in Exhibit C, attached hereto and by reference made a part hereof. Payments to the PARTNERSHIP will be made within Forty-five (45) days of requests, in compliance with the Local Government Prompt Payment Act, and in accordance with the procedures specified in Exhibit B, Method of Payment and Budget Detail for Services. If the COUNTY determines, through its inspection or review, that the PARTNERSHIP has not performed or is performing less than the total agreed - upon services, then the COUNTY shall notify the PARTNERSHIP in writing, specifying those services that it alleges have not been performed or fully performed, and the PARTNERSHIP 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. Performance will be measured by the defined Scope of Services set out in Exhibit A or a percentage of defined service goals completed and by such other standards as the parties may agree upon in writing. The PARTNERSHIP shall submit its first payment request and Program Performance Report for the period of October 1, 2019, through December 31, 2019, on or before January 31, 2020. The PARTNERSHIP shall submit its second payment request and Program Performance Report for the period of January 1, 2020, through March 31, 2020 on or before April 30, 2020. The PARTNERSHIP shall submit its third payment request for the period of April 1, 2020, through June 30, 2020, on or before July 31, 2020. The PARTNERSHIP shall submit its final payment request, Program Performance Report and a year-end analysis and any other required reports on or before October 10, 2020. If the PARTNERSHIP fails to comply with the requirements of this Article, the COUNTY may refuse to honor or be held liable for payment of any late request(s) for payment. ARTICLE V MAINTENANCE OF RECORDS The PARTNERSHIP shall maintain such financial records and accounts, including invoices, purchase orders and backup materials or documents deemed necessary to assure a proper accounting for all COUNTY funds for which the COUNTY is obligated to reimburse the PARTNERSHIP 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 matters covered by this Agreement. The PARTNERSHIP 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 � Oa a 0 Packet Pg. 1462 16.F.1.c 16F 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. 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 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. 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 Tamiami Trail E.. Suite 102 Naples. FL 34112-5746 Telephone: (239) 252-8383 ARTICLE VI INDEMNIFICATION The PARTNERSHIP shall indemnify, hold harmless and defend the COUNTY, its agents and employees from and against any and all liabilities, losses, claims, damages, demands, expenses or actions, either at law or in equity, including court costs and attorneys' fees, that may hereafter at any time be made or brought by anyone on account of personal injury, property damage, loss of monies, or other loss, allegedly caused or incurred, in whole or in part, as a result of any negligent, wrongful or intentional act or omission, or based on any act of fraud or defalcation by the PARTNERSHIP, its agents, subcontractors, assigns, heirs, and employees during the performance of this Agreement. The extent of its indemnification shall be limited by the insurance available to the PARTNERSHIP in accord with Article X of this Agreement. In any and all claims against the COUNTY or any of its agents or employees by any employee of the PARTNERSHIP, any subcontractor, heir, assign, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall be limited to the amount or type of damages, compensation or benefits payable by or for all employees of the PARTNERSHIP or any subcontractor under the Workers' Compensation Act, disability benefit acts or other employee benefit acts. -- 0 Packet Pg. 1463 16F 16.F.1.c ARTICLE VII TERMINATION This Agreement may be terminated for any reason by either party by giving a minimum of one hundred twenty (120) days' prior written notice of such intent, specifying the effective date thereof to the other parties. The aforesaid termination notices, as well as other notices required herein, shall be considered received by the PARTNERSHIP 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 in Article XXVIII of this Agreement. ARTICLE VIII EQUAL OPPORTUNITY CLAUSE The PARTNERSHIP agrees to abide by the provisions contained in Collier County CMA #5383, as amended, which is incorporated herein by reference in Exhibit F. ARTICLE IX STATEMENT OF ASSURANCE During the performance of this Agreement, the PARTNERSHIP assures the COUNTY that the PARTNERSHIP 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 the PARTNERSHIP does not, on the grounds of race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against the PARTNERSHIP's employees or applicants for employment. Further, the PARTNERSHIP assures the COUNTY of the PARTNERSHIP's compliance with the Americans with Disabilities Act of 1990, as amended, as applicable. The PARTNERSHIP understands and agrees that this Agreement is conditioned upon the veracity of such statements of assurance. Furthermore, the PARTNERSHIP assures the COUNTY that it will comply with Title VII of the Civil Rights Act of 1964 when federal grant(s) 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 The PARTNERSHIP shall provide and maintain the following insurance coverages in the amounts specified throughout the period of this Agreement on behalf of the PARTNERSHIP and the COUNTY, by naming the COUNTY as an additional insured under the policies of the insurance it maintains; a copy of the declarations page thereof being attached as Exhibit E, as follows: Commercial General Liability insurance, within coverage limits of $500,000 general, which shall apply to claims that may be asserted against the COUNTY by reason of the act or activities of the PARTNERSHIP. The PARTNERSHIP shall maintain Workers' Compensation 6 �o a Packet Pg. 1464 161 16.1. F.1.c coverage, as required by Florida law. All insurance shall be 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 COUNTY for any cancellation, intent not to renew, or reduction in the policy coverage. Coverage shall be documented by a Certificate of Insurance. ARTICLE XI CONFLICT OF INTEREST The PARTNERSHIP 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 X11 DRUG FREE WORKPLACE The PARTNERSHIP shall administer, in good faith, a policy designed to ensure that the PARTNERSHIP's employees, agents and subcontractors are free from illegal use, possession or distribution of drugs or alcohol. ARTICLE MII GOVERNING LAW, VENUE This Agreement shall be governed by the laws, rules and regulations of the State of Florida. Venue shall be in Collier County, Florida. ARTICLE XIV COMPLIANCE The PARTNERSHIP shall comply with the requirements of all federal, state, and local laws, rules, codes, ordinances and regulations pertaining to this Agreement. 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 convenience and shall not reflect the interpretation of any ofthe terms of this Agreement. n P , [Do Packet Pg. 14675 16.F.1.c 161, C. 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 XV111 ADDITIONAL RIGHTS AND REMEDIES Nothing contained herein shall be construed as a limitation on such other rights 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 11 If there is 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. ARTICLE XXI PROJECT PUBLICITY Any news release or other type of publicity pertaining to the services performed by the PARTNERSHIP pursuant to this Agreement must recognize the contribution of the BCC as a funding source. As a not -for -profit corporation receiving public funding or non -monetary contributions through the COUNTY, the PARTNERSHIP shall recognize the COUNTY for its contribution on all promotional materials, websites, and at any event or workshop for which the 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 funding source. In addition, any development project announcement, ceremonial business opening, or publicity event resulting from the efforts of the PARTNERSHIP and, particularly those projects induced with COUNTY funded financial incentives or 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 Packet Pg. 1466 16F�— 16.F.1.c c made no less than 15 working days, whenever possible or practicable, and potential prospects will be made aware of the COUNTY's publicity protocol before the final inducement with any incentive packages or contributions. ARTICLE XXII SURVIVABILITY Any term, condition, covenant or obligation that requires performance by either party subsequent to termination of this Agreement shall remain enforceable against such party subsequent to such termination. ARTICLE XXII THIRD -PARTY BENEFICIARIES This Agreement is for the benefit of the COUNTY and the PARTNERSHIP. 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 The PARTNERSHIP shall not engage, participate or intervene in any form of political campaign on behalf of, or in opposition to, any candidate for political office. 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 only be modified, amended, extended or canceled, by written instrument executed by the COUNTY and the PARTNERSHIP. Similarly, no contract that purports to affect the terms of this Agreement shall be valid as it affects this Agreement, unless in writing and executed by the COUNTY and the PARTNERSHIP. 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: If to the PARTNERSHIP: Collier County The Partnership for Collier's Future Economy Leo Ochs, County Manager, Collicr County Michael Dalby, President and CEO 3299 Tamiami Trail East, Suite 201 2390 Tamiami Trail North, Suite 210 Naples, IL 34112 Naples. FL 34103 c t 9 .r a 9� Packet Pg. 1467 Fc16.O. 16 IN WITNESS WHEREOF, this Agreement was dated on the day and year first written above. ATTEST: . BOARD OF COUNTY COMMISSIONERS CRYSTAL. KINZEL; KRK OF COLLIER C 17 ORIDA By: 4Ai C._= - By: C D I, ' Will' L. McDan- e , Jr., Chairma ttes as.ti ai an _- TEST: Sigler �I+„ , THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY INC., By: By: Michael Dalby, President Ad CEO np► 10 O�7 o � Packet Pg. 1468 16F16.F.1.c EXHIBIT A SCOPE OF SERVICES ORGANIZATION: The Partnership for Collier's Future Economy Inc. PROGRAM: Economic Development Services Performance Criteria PARTNERSHIP shall provide the supporting documentation identified on Exhibit C to substantiate the following activities/accomplishments for reimbursement: Deliverable 1: Maintain a minimum PARTNERSHIP staff of one (1) fiill-time employee, with up to a 90-day grace period in the event of an employee separation occurrence. The progress and completion of this deliverable will be evidenced by providing the COUNTY with payroll reports, bank transaction reports, and IRS form 941. Deliverable 2: Maintain a website that is search -engine optimized, and monitor analytic reports on its usage, as evidenced by the submission of analytic reports. This website shall be maintained until the new County economic development website is completed. Deliverable 3: Complete 50 retention visits with Collier County businesses. Retention visits are in -person visits to existing businesses in Collier County that assess the needs of the business and provide the business with information about resources available, as evidenced by submitting a report listing businesses visited and the date visited. Deliverable 4: Coordinate monthly with County Staff on economic development activities and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic development. Progress and completion of this deliverable will be evidenced by submission of the email invitation. Deliverable 5: Provide a quarterly economic update to County Commissioners and organize an annual meeting in April providing an annual economic update. it oda a Packet Pg. 1469 P16.F.l.c 6 EXHIBIT B METHOD OF PAYMENT AND BUDGET DETAIL ORGANIZATION: The Partnership for Collier's Future Economy Inc. PROGRAM: Economic Development Services RELEASE OF FUNDS SHALL BE IN ACCORDANCE WITH THE APPROVED BUDGET AND WILL BE MADE UPON RECEIPT OF THE COMPLETED REQUEST FOR PAYMENT FORM. NO MODIFICATIONS WITHIN THE BUDGET CATEGORIES SHALL BE FUNDED UNLESS PRIOR WRITTEN APPROVAL HAS BEEN GRANTED BY THE COUNTY MANAGER, WHOSE APPROVAL SHALL BE CONSISTENT WITH THE TERMS OF THE COUNTY/PARTNERSHIP BUDGET AND AGREEMENT, AND NOT UNREASONABLY WITHHELD. THE COUNTY'S FISCAL YEAR COMMENCES ON OCTOBER 1ST AND ENDS ON SEPTEMBER 301'H OF THE FOLLOWING CALENDAR YEAR. INVOICES FOR SERVICES DELIVERED BETWEEN OCTOBER 1ST AND SEPTEMBER 30TH MUST BE RECEIVED NO LATER THAN OCTOBER IOTH OF EACH YEAR TO ALLOW CLOSEOUT OF THE COUNTY'S FISCAL YEAR. IN NO EVENT, HOWEVER, SHALL PAYMENTS TO THE PARTNERSHIP UNDER THIS AGREEMENT EXCEED $100,000.00 PER COUNTY FISCAL YEAR. TOTAL (County Portion): $100,000.00 (fiscal year) The requests for payment shall include the report on progress on the deliverables identified in the agreed -to Scope of Services. BUDGET DETAIL FOR SERVICES Budget Category Approved Budget Deliverable 1: 1 full-time employee salary, including benefits $70,000.00 Deliverables 2 and 5: Website/Technology Services $15,000.00 Deliverable 3: Complete 50 retention visits $15,000.00 Total $100,000.00 E 12 ode a Packet Pg. 1470 16 16.F.1.c EXHIBIT C PROGRAM PERFORMANCE REPORT ORGANIZATION: The Partnership for Collier's Future Economy Inc. PROGRAM: Economic Development Services REPORT PERIOD THROUGH _ ACCOMPLISHMENTS: Report No. Deliverables l . Submit on or before Deliverable 1: Maintain a minimum PARTNERSHIP staff of one (1) January 31, 2020, for the full-time employee, with up to a 90-day grace period in the event of period of October 1, 2019, an employee separation occurrence. The progress and completion of through December 31, this deliverable will be evidenced by providing the COUNTY with 2019. payroll reports, bank transaction reports, and IRS form 941. Deliverable 2: Maintain a website that is search -engine optimized, and monitor analytic reports on its usage, as evidenced by the submission of analytic reports. This website shall be maintained until the County website project is completed this Fiscal Year. Deliverable 3: Complete 50 retention visits with Collier County businesses. Retention visits are in -person visits to existing businesses in Collier County that assess the needs of the business and provide the business with information about resources available, as evidenced by submitting a report listing businesses visited and the date visited. Deliverable 4: Coordinate monthly with County Staff on economic development activities and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic development. Progress and completion of this deliverable will be evidenced by submission of the email invitation. Deliverable 5: Provide a quarterly economic update to County Commissioners and organize an annual meeting in April providing an annual economic update. 2. Submit on or before April Deliverable 1: Maintain a minimum PARTNERSHIP staff of one (1) 30, 2020, for the period of full-time employee, with up to a 90-day grace period in the event of January 1, 2020, through an employee separation occurrence. The progress and completion of March 30, 2020. this deliverable will be evidenced by providing the COUNTY with payroll reports, bank transaction reports, and IRS form 941. Deliverable 2: Maintain a website that is search -engine optimized, and monitor analytic reports on its usage, as evidenced by the submission of analytic reports. This website shall be maintained until the County website project is completed this Fiscal Year. Deliverable 3: Complete 50 retention visits with Collier County businesses. Retention visits are in -person visits to existing businesses in Collier County that assess the needs of the business and provide the business with information about resources available, as evidenced by submitting a report listing businesses visited and the date visited. Deliverable 4: Coordinate monthly with County Staff on economic develo ment activities and schedule a monthly telephone conference /I Ob 13 o -- -- Packet Pg. 1471 with the Director of Collier County's Office of Business & Economic development. Progress and completion of this deliverable will be evidenced by submission of the email invitation. Deliverable 5: Provide a quarterly economic update to County Commissioners and organize an annual meeting in April providing an annual economic update. 3. Submit on or before July Deliverable 1: Maintain a minimum PARTNERSHIP staff of one (1) 31, 2020, for the period of full-time employee, with up to a 90-day grace period in the event of April 1, 2020, through June an employee separation occurrence. The progress and completion of 30, 2020. this deliverable will be evidenced by providing the COUNTY with payroll reports, bank transaction reports, and IRS form 941. Deliverable 2: Maintain a website that is search -engine optimized, and monitor analytic reports on its usage, as evidenced by the submission of analytic reports. This website shall be maintained until the County website project is completed this Fiscal Year. Deliverable 3: Complete 50 retention visits with Collier County businesses. Retention visits are in -person visits to existing businesses in Collier County that assess the needs of the business and provide the business with information about resources available, as evidenced by submitting a report listing businesses visited and the date visited. Deliverable 4: Coordinate monthly with County Staff on economic development activities and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic development. Progress and completion of this deliverable will be evidenced by submission of the email invitation. Deliverable 5: Provide a quarterly economic update to County Commissioners and organize an annual meeting in April providing an annual economic update. 4. Submit on or before Deliverable 1: Maintain a minimum PARTNERSHIP staff of one (1) October 10, 2020, for the full-time employee. with up to a 90-day grace period in the event of period of July 1, 2020, an employee separation occurrence. The progress and completion of through September 30, this deliverable will be evidenced by providing the COUNTY with 2020. payroll reports, bank transaction reports. and IRS form 941. Deliverable 2: Maintain a website that is search -engine optimized, and monitor analytic reports on its usage, as evidenced by the submission of analytic reports. This website shall be maintained until the County website project is completed this Fiscal Year. Deliverable 3: Complete 50 retention visits with Collier County businesses. Retention visits are in -person visits to existing businesses in Collier County that assess the needs of the business and provide the business with information about resources available, as evidenced by submitting a report listing businesses visited and the date visited. Deliverable 4: Coordinate monthly with County Staff on economic development activities and schedule a monthly telephone conference Packet Pg. 1472 with the Director of Collier County's Office of Business & Economic development. Progress and completion of this deliverable will be evidenced by submission of the email invitation. Deliverable 5: Provide a quarterly economic update to County Commissioners and organize an annual meeting in April providing an annual economic update. 15 C O 1 Packet Pg. 1473 4 f, ... 1 6.F.1.c EXHIBIT D PAYMENT RECORD CHART FOR PARTNERSHIP AGREEMENT Annual Expenditures Kernaining Budget Balance Current YTD Budget Category - $ g �' : Request Request � Salaries including benefits $70 00 Websiterrechnology Services $15,00 Retention Visits $15,00 i Total $100 00 16 0 c 0 0 w as L 0 u_ JA 0 U .0 N Lm c 0 a m 3 r c E L 0) a L yi+ L Q_ N Go M O N r C N E N N L 0 W U W x LU as u_ L E t U t N L L a. r E t tv a Packet Pg. 1474 # � 1 6.F.1.c A, j EXHIBIT E PARTNERSHIP GENERAL LIABILITY COVERAGE DECLARATION SHEET / 6An 17 90 Packet Pg. 1475 16F16.F.1.c 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)j § 5383-1. Purpose. The purpose of this instruction is to provide for the implementation of an 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 that 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 EFO-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. 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. Packet Pg. 1476 - 16F 16.F.1.c EXHIBIT G ROLE AND RESPONSIBILITIES OF PARTNERSHIP The County's Office of Business and Economic Development and The Partnership agree that all inquiries for business retention/expansion will be directed to the Partnership as the first responder in those areas and that the Partnership will respond to requests for information and proposals from site selection consultants, Enterprise Florida, Florida Power and Light and any other inquiries involving new business attraction or relocation . The Partnership will also be the primary point of contact for Enterprise Florida and Florida Power and Light. Provide an Annual Accomplishment Report in compliance with Section 125.045(4) F.S. to County on an annual basis within 30 days of the end of the term of this Agreement. A presentation to the BCC may be required to present this report, as needed. Develop a budget reflecting the Chamber's contributions towards economic development and submit to the County within 90 days of execution of this Agreement. Partnership Functions include, but are not limited to, the following: 1. Business Retention, Expansion and Outreach a. Conduct 50 expansion/outreach face to face visits. b. Maintain accurate records in a customer relationship management system for existing industry outreach and prospect activity. c. Provide a quarterly report noting businesses met with and findings (growth, contraction, concerns, issues, etc.). d. Encourage the growth of existing industries and business, while giving proper assistance to any new firms or individuals seeking to locate. II. Business Attraction and Marketing a. Develop, maintain and update website with up-to-date information on Collier County business opportunities and to ultimately market Collier County as a desirable location for business enterprises. b. Respond to requests for information and proposals from site selection consultants, Enterprise Florida, Florida Power and Light and any other inquiries involving new business attraction or relocation. c. Work with state, regional and local partners to market Collier County as a competitive location for business. d. Provide an internet-based marketing tool for identifying existing sites, buildings and business -market ready facilities (office space and industrial locations) for prospects and planning purposes. e. Leverage and align, where applicable, PARTNERSHIP marketing plans with Enterprise Florida Inc's marketing plans and initiatives to distinguish Collier County as a premier business location. III. Workforce Development Initiatives a. Connect our education partners with business leaders to optimize the success of workforce development programs to support the current and future economy. b. Develop a strategy and plan for the recruitment and retention of talent with the support and collaboration of local and regional partners including, but not limited to, CareerSource of SWFL, FGCU, FSW, iTech, LWTC, Future Ready Collier, and Collier Leads. c. Work with career assistance centers and secondary education institutions to enhance the skills of ]9 O Packet Pg. 1477 the Collier County workforce and to ensure our talent attraction programs are relevant and responsive to the needs of our businesses. IV. Data and Reporting a. Update key data points on a monthly, quarterly and annual basis, including workforce, business creation and closures, unemployment, etc. b. Conduct research and reporting through business retention and expansion visits and provide quarterly reporting on aggregate data from these visits. V. Collaboration and Partnerships a. Maintain effective relations with state, local and regional partners and inform county -wide partners on project statuses and new project inquiries, when applicable. b. Initiate, support and maintain existing partnerships and establish new partnerships with community and industry organizations, as well as key governmental entities. O000 Packet Pg. 1478