Backup Documents 09/08/2015 Item #11J ORIGINAL DOCUMENTS CHECKLIST & ROUTINGI
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T{ I U
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Jace Kentner Business and Economic JK 9.8.2015
Development
2. County Attorney Office County Attorney's Office �
V° loAi)IS
3. BCC Office Board of County
Commissioners \fid/5/ 0\71-\\S
4. Minutes and Records Clerk of Court's Office
— ► 1°(221( 3.t8{oM
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jace Kentn Phone Number 252-4040
Contact/ Department V
Agenda Date Item was 9.8.15 Agenda Item Number
Approved by the BCC • 1 1 PIP
Type of Document 2016 Economic Incubators,Inc.Agreement Number of Original 1
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column whichever is Yes N/A(Not
appropriate. Applicable)
1. Does the document require the chairman's original signa e? ,,.--‘? JK
2. Does the document need to be sent to another agency for a ditional signatures? If yes, tit ,21r3k-t)
provide the Contact Information(Name;Agency;Address;P e)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. - a acumen : .e
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. _
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JK
should be provided to the County Attorney Office at the f the item is input into SIRE.
Some documents are time sensitive and require forward' to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be a a of your deadlines!
8. The document was approved by the BCC on 9.8.1 and all changes made during the JK
meeting have been incorporated in the attached document. The County Attorney's .
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made, and the document is ready for th,
Chairman's signature.
Please return executed copy to Jace Kentner, Office of Business &Economic De - u sment.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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MEMORANDUM
Date: October 23, 2015
To: Jace Kentner, Economic Research Analyst
Office of Business & Economic Development
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: The Successor Agreement between Economic Incubators, Inc.,
the administrative entity for the Business Accelerator Project
and the Board of County Commissioners for FY16
Attached, for your records is a copy of the document referenced above, (Item #11J)
approved by the Board of County Commissioners Tuesday, September 8, 2015.
The Minutes and Record's Department will maintain the original agreement in
the Board's Official Records.
If you should have any questions, please call 252-8406.
Thank you.
Attachment
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AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA
AND
ECONOMIC INCUBATORS,INC.
This AGREEMENT is made and entered into this 8th day of September, 2015, by and between
Collier County, a political subdivision of the State of Florida (the "COUNTY"or"Fiscal Entity") and
Economic Incubators, Inc. ("EII"or"Administrative Entity"), a Florida not-for-profit corporation.
WITNESSETH
WHEREAS, on November 18, 2014, Agenda Item 11.C, the Board of County Commissioners ("BCC")
approved an agreement between the County and EII (the "Agreement") designating EII as the Administrative
Entity for the Collier County Soft Landing Accelerator/Incubator Development Strategy ("Accelerator Project"),
effective October 1,2014 through September 16,2015;
WHEREAS, on March 10, 2015, Agenda Item 11.F the Board of County Commissioners approved the
First Amendment to the Agreement between the County and EII,effective March 10,2015;
WHEREAS, on April 28, 2015, Agenda Item 11.0 (formerly 16.F.3), the Board of County
Commissioners amended the Department of Economic Opportunity (the "DEO") Agreement funding the
Accelerator Project("Amended DEO Agreement");
WHEREAS, on June 23, 2015, Agenda Item 11.J (formerly 16.F.12), the Board of County
Commissioners approved the Second Amendment to the Agreement between the County and EII;
WHEREAS, on June 23, 2015, the Governor vetoed the extension of Grant funding for the
Accelerator Project which materially impacted the Project and ended DEO funding;
WHEREAS, the COUNTY has determined that it is in the best interests of Collier County to
continue to support the Accelerator Project efforts which support further the goals and objectives identified
in the County's Business and Economic Development Business Plan; and
WHEREAS, the parties wish to enter into this Agreement to accommodate the loss of State funding
and to continue the COUNTY's continued support and funding of the Accelerator Project beginning
September 16,2015 thru FY 2016.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained
herein, and other good and valuable consideration, the COUNTY and EII agree as follows.
ARTICLE I
SCOPE OF SERVICES
EII shall administer the Accelerator Project by performing the Roles and
Responsibilities described in Exhibit "G" and providing the services and activities described in Exhibit "A",
Scope of Services,both Exhibits A and G are attached hereto and by reference made a part hereof.
ARTICLE II
TERM OF AGREEMENT
This Agreement shall be effective upon execution by both parties and shall cover services provided
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from September 16, 2015, until September 30, 2016, unless otherwise 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, EII will receive funds from the COUNTY in an amount
not to exceed Four hundred Eighty-Four Thousand Dollars ($484,000.00). It is intended that the
services performed by EII shall be on a cost reimbursement methodology for actual eligible expenditures
categorized in the attached Exhibit "B 1". Actual expenditures eligible as a basis for reimbursement can and
shall include salaries and employee benefits, costs for EII personnel performing services
described in Exhibit "A", as well as EII costs of operating as a Soft Landing Accelerator. EII
shall be entitled to compensation upon BCC approval of the Agreement, distributed as requests for
reimbursement are submitted for reimbursement of eligible expenses approved by the County and Clerk of
Court,beginning September 16,2015.
All invoices shall be submitted in accordance with COUNTY procedures and in a form acceptable to the
COUNTY and EII as generally outlined in Exhibit 'B", Method of Payment and Budget Detail for
Services and Exhibit "C", Program Performance Report, attached hereto and by reference made a part
hereof.
ARTICLE IV
PAYMENT AND REPORTING REQUIREMENTS
For its performance under this Agreement, County shall reimburse to EII actual eligible
expenditures categorized in the attached Exhibit B 1 upon submittal of monthly reports and completion of.
the deliverables referenced in Exhibit A, Scope of Services. All payment requests by EII to the COUNTY
shall be submitted with a completed Program Performance Report and Exhibit"D"Payment Record Chart in a
form acceptable to the COUNTY and EII, as generally outlined and set forth in Exhibit "C" attached hereto
and by reference made a part hereof. Payments to EII will be made as soon as possible but, in a l l
circumstances within Forty Five (45) days of requests, in compliance with the Florida Prompt Payment
Act, therefore, in accordance with the procedures specified by Exhibit "B" Method of Payment and Budget
Detail for Services. If the COUNTY determines, through its inspection or review that EII has performed,
or is performing less than the total agreed upon services, then the COUNTY shall notify EII in writing
specifying those services which it alleges have not been performed or fully performed and EII 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, and 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. E II shall submit its first payment request, and Program Performance Report on or before
October 15, 2015, and its second request on or before November 15, 2015. EII shall submit its
subsequent Program Performance Reports monthly on or before the 15`h day of the
month and year-end analysis, and any other required reports shall be submitted within forty five(45)days of
the expiration of the term of this Agreement, or earlier termination of this Agreement. If EII fails to comply
with the requirements of this Article, the COUNTY may refuse to honor or be liable for payment of any
late request for payment.
ARTICLE V
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MAINTENANCE OF RECORDS
EII shall maintain such financial records and accounts, including invoices, purchase orders and
backup materials or documents as are deemed necessary to assure a proper accounting for all COUNTY
funds for which the COUNTY is obligated to reimburse EII 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. Notwithstanding the
aforementioned, financial records and accounts related to Business Income and Private Contributions are
not considered a part of the records that must to be provided as delineated above. At the COUNTY's
request a COUNTY representative may review the Business Income and Private Contributions records. EII
shall also provide timely and reasonable access to EII's Executive Director at times convenient for the
COUNTY for the purpose of questions or explanations related to such records and accounts. EII shall retain
for such inspection all of its records and supporting documentation applicable to this Agreement for a period
of five (5) State of Florida fiscal years from the date COUNTY'S Grant Agreement SL007, with the Florida
Department of Economic Opportunity ("DEO"), audit report is issued or five (5) State of Florida fiscal
years after all reporting requirements are satisfied between COUNTY and the DEO and final payments have
been received, whichever is longer. In addition if any litigation, claim, negotiation, audit, or other action
involving the records has been started prior to expiration of the controlling records retention period as
identified above, the records shall be retained until completion of the action and resolution of all issues
which arise from it, or until the end of the controlling period as identified above, whichever is longer.
In addition, EII shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by a public agency
in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that a public agency
would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the COUNTY all public
records in possession of ElI upon termination of the Agreement and destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the information
technology systems of the COUNTY.
ARTICLE VI
INDEMNIFICATION
To the extent allowed by Florida law, EII shall indemnify, defend, and hold COUNTY harmless
from all claims, suits,judgments, or damages to the extent the same arise from the negligence of intentional
misconduct of EII in its activity as the Administrative Entity of the Project pursuant to this Agreement.
EII's undertaking pursuant to this Article does not constitute consent waiver of sovereign immunity nor
consent to be sued by third parties.
To the extent allowed by Florida law, COUNTY shall indemnify, defend, and hold EII harmless
from all claims, suits,judgments, or damages to the extent the same arise from the negligence of intentional
misconduct of COUNTY in the performance as the Fiscal Agent of the Project pursuant to this Agreement.
COUNTY's undertaking pursuant to this Article does not constitute waiver of sovereign immunity nor
consent to be sued by third parties.
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ARTICLE VII
TERMINATION
Termination at Will: This Agreement may be terminated at will by either party by giving a
minimum of thirty (30) days' prior written notice of such intent specifying the effective date thereof to
the other party.
Termination for Default: Each of the parties hereto shall give the other party written notice of
default hereunder and shall allow the defaulting party not less than five (5) days from the date of
receipt of such default notice to cure said default. In the event the non-defaulting party fails to timely
cure the default, the non-defaulting party may terminate this Agreement by written notice to the
defaulting party.
Upon termination all nonexpendable property, purchased under this Agreement using Project
Funds, shall be returned to COUNTY. The aforesaid termination notices, as well as all other notices
required herein, shall be considered received by EII and the COUNTY if sent by certified mail, return
receipt requested, or by overnight personal delivery service requiring a signature for delivery, and
addressed as provided for in Article XXVIII of this Agreement.
ARTICLE VIII
EQUAL OPPORTUNITY CLAUSE
EII agrees to abide by the provisions contained in Collier County CMA #5 3 8 3 ,as amended,
which is incorporated herein by reference to Exhibit F.
ARTICLE IX
STATEMENT OF ASSURANCE
During the performance of this Agreement, EII assures the COUNTY that EII 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 EII does not, on the grounds of
race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any form or
manner against EII' s employees or applicants for employment. Further, Ell assures the COUNTY of Ells
compliance with the Americans with Disabilities Act of 1990, as amended, as applicable. Ell understands
and agrees that this Agreement is conditioned upon the veracity of such statements of assurance.
Furthermore, EII assures the COUNTY that it will comply with Title VI of the Civil Rights Act of 1964
when federal grant(s) is/are involved. Other applicable Federal and State laws, Executive Orders, and
regulations prohibiting discrimination as hereinabove referenced are included by this reference thereto. This
statement of assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its
protective range of applicability.
ARTICLE X
INSURANCE
EII shall, pursuant to the requirements of Exhibit"E", Insurance Requirements, attached hereto and by
reference made a part hereof, procure and maintain throughout the period of this Agreement on behalf of itself
and COUNTY,the insurance provided for in Exhibit"E".
All insurance shall be obtained from responsible companies duly authorized to do business in the State of
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Florida. All liability policies shall provide that COUNTY is an additional insured party as to the action of Ell,its
employees, agents, assigns, and subcontractors, performing or providing materials and/or services to Ell during
the Term of this Agreement and also shall contain a Severability of Interest provision. Every insurance policy
must provide for up to thirty(30)days prior written notice to COUNTY of any cancellation, intent not to renew,
or reduction in the policy coverage. Ell shall provide COUNTY a Certificate of Insurance documenting such
coverage within thirty(30)days of execution of the Agreement by COUNTY.
ARTICLE XI
CONFLICT OF INTEREST
EII represents that it presently has no interest, and shall acquire no such interest: financial or
otherwise, direct or indirect, nor engage in any business transaction or professional activity; or incur any
obligation of any nature which would conflict in any manner with the performance of service required
hereunder.
ARTICLE XII
DRUG FREE WORKPLACE
Ell shall administer, in good faith, a policy designed to ensure that EII's employees, agents and
subcontractors are free from the illegal use,possession, or distribution of drugs or alcohol.
ARTICLE XIII
GOVERNING LAW; VENUE
This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, or the
laws, rules, and regulations of the United States if EII is providing services funded by the United States
Government. Venue shall be in Collier County,Florida.
ARTICLE XIV
COMPLIANCE
EII 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 the purpose of convenience and
shall not affect the interpretation of any of the terms of this Agreement.
ARTICLE XVII
WAIVER
A waiver of any performance or default by either party shall not be construed to be a continuing
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waiver of other defaults or non-performance of the same provision or operate as a waiver of any
subsequent default or non-performance of any of the same terms, covenants, and conditions of this
Agreement. The payment or acceptance of funds for any period after a default shall not be deemed a waiver
of any right or acceptance of defective performance.
ARTICLE XVIII
ADDITIONAL RIGHTS AND REMEDIES
Nothing contained herein shall be construed as a limitation on such other rights and remedies
available to the parties at law, or in equity, which may now or in the future be applicable..
ARTICLE XIX
ORDER OF PRECEDENCE
In the event of any conflict between the provisions of the Articles of this Agreement and the
exhibits hereto, the contents of the Articles of this Agreement shall control over the contents of the
exhibits.
ARTICLE XX
SEVERABILITY
In the event any section, sentence, clause, or provision of this Agreement is held to be invalid
or illegal, the remainder of the Agreement shall not be affected by such invalidity or illegality and shall
remain in full force and effect.
ARTICLE XXI
PROJECT PUBLICITY
Any news release pertaining to the services performed by EU pursuant to this Agreement must
recognize the contribution of the BCC as a funding source. Ell being a not-for-profit corporation receiving
public funding or non-monetary contributions through the COUNTY shall recognize the COUNTY for its
contribution in all promotional materials and at any event or workshop for which COUNTY funds are
allocated. In written materials, the reference to the COUNTY must appear in the same size letters and
font type as the name of any other funding sources.
In addition, any development project announcement, ceremonial business opening, or publicity
event resulting from efforts of EII, and particularly those projects induced with COUNTY funded
financial incentives or other contributions, will be planned in cooperation with the COUNTY's Economic
Development and Communications Departments for purposes of coordinating COUNTY's official
COUNTY protocol and public recognition. Prior notification to the two Departments for such events
will be no less than 15 working days whenever possible or practicable, and potential prospects will be
made aware of the COUNTY's publicity protocol before final inducement with any incentive packages or
contributions.
ARTICLE XXII
SURVIVABILITY
Any term, condition, covenant or obligation which requires performance by either party subsequent
to termination of this Agreement shall remain enforceable against such party subsequent to such termination.
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ARTICLE XXIII
THIRD PARTY BENEFICIARIES
This Agreement is for the benefit of the COUNTY and EII. 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
EII 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 not be modified, amended, extended, or
canceled, verbally or by conduct of the parties, but only by a written instrument executed by the COUNTY
and EII. Similarly, no contract which 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 E
ARTICLE XXVI
NOTICES
All notices required or permitted to be given by a party under this Agreement shall be in writing and
sent to the other party by certified mail, return receipt requested, or by overnight personal delivery service
requiring a signature for delivery, and shall be addressed as follows:
If to the COUNTY: Collier County If to EII:
Leo Ochs, County Manager Collier County Marshall Goodman,Executive Director
3299 Tamiami Trail East, Ste. 201 3510 Kraft Road
Naples, FL 34104 Naples,FL 34105
ARTICLE XXVII
BUSINESS INCOME
The Accelerator Project is expected to generate Business Income, which includes but, is not limited
to income from service fees, rental fees, usage fees and other miscellaneous revenue generated from the
Program's operations. Private contributions (in-kind, cash, services, etc.) will be excluded from Business
Income. Private contributions revenue may be expended by EII for purposes determined by EII without
Board of County Commissioner approval. Private contributions and matching expenses must be maintained
separate from the Business Income records and may be reviewed by the County Manager or his designee
upon request. This information is considered confidential and will not become a part of the public records
documentation or County funded records. Business income will be managed, collected,recorded,reported,
and retained by EII within the Accelerator Project. Business income is considered unrestricted funds and
will be used for program cash flow or allowable program costs. The use of Business income will require
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the submission of a revenue reuse plan approved by the County which is attached hereto as Exhibit I. At
the termination of this Agreement, any unspent Business Income and Private contributions will be returned
to the County or the successor of EII.
The establishment of self-sustaining organization is paramount to the relationship created in this
Agreement. During the term of this Agreement it is the intent of the parties that County funding be used
primarily for all expenditures reimbursable under the County's reimbursement policies, whereas Business
Income may be used or held in reserve until such time it is required or carried forward to the Project's next
fiscal year. EII's establishment of a Reserve Fund to meet its future cash flow and capital requirements is
authorized.
ARTICLE XXVIII
SUBCONTRACTS
EII shall be responsible for all work performed and all expenses incurred for the Project subject to
reimbursement.
(a)EII may,as appropriate and in compliance with applicable laws, subcontract the delivery of the
services for the Program, provided however,that EII will be solely liable to the subcontractor for all
expenses and liabilities incurred during the contract subject to appropriate reimbursement pursuant
to this Agreement.
(b)Any and all subcontracts EII executes for the Program shall include provisions whereby EII and
the subcontractor agree to abide by all local, state and federal laws and indemnify and hold
harmless COUNTY.
ARTICLE XXIX
BUDGET MODIFICATION
Modifications to the "Budget and Scope" may only be made if approved in advance. For purposes
of EII's operations as Administrative Entity, budgeted funds shifts by EII between budget category may be
up to 20% and shall not signify or be construed as a change in scope if advance approval is obtained in
writing by the County Manager or his designee. Individual Budget Category cumulative changes exceeding
20%will require an Agreement amendment approved by the Board of County Commissioners.
EII shall provide monthly reports on Business Income and private contributions or in-kind private
contribution to the County Manager or his designee. The monthly report on Business Income and private
contributions or in-kind private contribution shall detail EII's progress toward the budgeted amount of
$165,200. In the event seventy percent(70%), $28,910,of Business Income and private contributions or in-
kind private contribution off setting a budget expenditure, has not accrued per quarter, the Fiscal Agent is
authorized to seek BCC approval of an adjusted budget, revenue and expense, in response to revenue
shortfalls.
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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 COLLIER COUNTY,FLORIDA
By . ( .: ri: ! PC . By: eA•tce-_
� ' + CLERK TIM NANCE CHAIRMAN
Attest as
ATture 0nilYY • ECONOMIC INCUBATORS, INC.
By: 4#/ear',By' 4/
DOLPN ARX, President, Director
Approved as to form and legality
Jenni A. Beipedi ,
Assistant County Atto ey `2\\C
Item#
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Agenda C 15
Date --
Date U)-
Rev'd --
Deputy Clem%
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EXHIBIT A
SCOPE OF SERVICE
ORGANIZATION: EII, Inc.
PROGRAM: Accelerator Project
I. Objective : Human Resources and Payroll
Performance Criteria
EII shall provide statements to include evidence and invoices substantiating the following
activities/accomplishments for reimbursement:
Deliverable 1: Maintaining a minimum Accelerator Project staff of 2 FTEs with up to a 90
day grace period in the event of a separation occurrence.
Deliverable 2: Ensure accounting is completed and completion of biweekly payroll for
Accelerator Project staff which may be delegated to a contractor or third party as evidenced by
records.
Objective: Utilize Accelerator Project Facilities
Performance Criteria
EII shall provide statements to include evidence and invoices substantiating the following
activities for reimbursement:
Deliverable 3: Maintain physical environment for Accelerator participants with supporting
documentation provided on a quarterly basis and executed copies of the Participant Use
Agreement.
HI. Objective: Operations
Performance Criteria.
EII shall provide statements to include evidence and invoices substantiating the following activities for
reimbursement:
Deliverable 4: An Annual Accomplishment Report is due to Collier 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.
Deliverable 5: Outreach and fundraising activities evidenced by hosting two(2)networking or
promotional activities per month evidenced by photographs and/or supporting documentation.
Deliverable 6: Technical assistance to Accelerator participants evidenced by monthly summaries
of needs analysis of the Accelerator participants.
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EXHIBIT B
METHOD OF PAYMENT
ORGANIZATION: E I I
PROGRAM: Accelerator Project
RELEASE OF FUNDS SHALL BE IN ACCORDANCE WITH THE APPROVED BUDGET A N D WILL
BE MADE UPON RECEIPT OF THE COMPLETED MONTHLY REQUEST FOR PAYMENT FORM.
NO MODIFICATIONS WITHIN BUDGET CATEGORIES SHALL BE FUNDED UNLESS PRIOR
WRITTEN APPROVAL HAS BEEN GRANTED BY THE COUNTY MANAGER, OR DESIGNEE,
WHICH APPROVAL SHALL BE CONSISTENT WITH THE TERMS OF THE COUNTY/EII 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 10 OF EACH YEAR TO
ALLOW CLOSEOUT OF THE COUNTY'S FISCAL YEAR.
The requests for payment shall include the report on progress on the strategies and tasks identified
in the agreed Scope of Services.
B1
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BUDGET DETAIL FOR SERVICES
ORGANIZATION: EII
PROGRAM: Accelerator Project
EXHIBIT B 1
September 15,2015 thru FY 16
Western Accelerator operations
and facility development with a
downsized staff and facility
Budget Category Uses Notes improvement model
Executive Director,
Administrative Manager& FT
Personnel Costs Intern 316,600
Facility Operating Costs Rent, IT system, etc 127,500
Insurance,professional
services, business services,
Reimbursable General auditing, legal, networking
Operating Costs and marketing, etc. 122,200
Necessary expenditures not
funded by the County's Services, food, beverage, and
Reimbursement Policy other miscellaneous expenses 20,000
Total General Operating Costs 142,200
Site Improvements, furniture
& fixtures, shipping, design,
and installation for data,
electrical, HVAC & lighting
Facility Improvements requirements 168,400
Total inditures 4 ' 3700
Budget Category Sources
Business Income 115,200
Private Contributions 50,000
County Direct Pay Rent&Prop and Liability Ins. 105,500
County-EII Contract Funding 484,000
"To al ' �ea E E
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NOTE: The facility operating costs category includes rent, property and liability insurance
totaling $105,500 that will be paid directly by the County.
NOTE: When completing payment requests complete the appropriate forms and attach
detailed documentation identifying obligations or expenses in the above budget categories only.
B2 (G)-
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EXHIBIT C
PROGRAM PERFORMANCEREPORT
ORGANIZATION: EII
PROGRAM: Accelerator Project
REPORT PERIOD THROUGH
PERCENTAGE OR SCOPE OR SERVICES OR COMPONENTS OF CONTRACT
COMPLETED %
I. ACCOMPLISHMENTS:
Report No. I: Human Resources II: Utilize Accelerator Project III: Operations
and Payroll Facilities
1. • Maintaining a • Maintain physical • Host two(2)
Submit minimum Accelerator environment for accelerator networking or
On or staff of 2 FTEs. participants. promotional activities
before, • Complete accounting per month.
October 15, &biweekly payroll • Provide technical
2015. for Accelerator assistance to the
Project staff. Accelerator
participants.
2. • Maintaining a • Maintain physical • Host two(2)
Submit On minimum Accelerator environment for accelerator networking or
or before, staff of 2 FTEs. participants. promotional activities
November • Complete accounting per month.
15,2015. &biweekly payroll • Provide technical
for Accelerator assistance to the
Project staff. Accelerator
participants.
3. • Maintaining a • Maintain physical • Host two(2)
Submit On minimum Accelerator environment for accelerator networking or
or before, staff of 2 FTEs. participants. promotional activities
December • Complete accounting per month.
15, 2015. &biweekly payroll • Provide technical
for Accelerator assistance to the
Project staff. Accelerator
participants.
4. • Maintaining a • Maintain physical • Host two(2)
Submit On minimum Accelerator environment for accelerator networking or
or before, staff of 2 FTEs. participants. promotional activities
January 15, • Complete accounting per month.
2016. & biweekly payroll • Provide technical
for Accelerator assistance to the
Project staff. Accelerator
participants.
C-0)-
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5. • Maintaining a • Maintain physical • Host two(2)
Submit On minimum Accelerator environment for accelerator networking or
or before, staff of 2 FTEs. participants. promotional activities
February • Complete accounting per month.
15, 2016. &biweekly payroll • Provide technical
for Accelerator assistance to the
Project staff. Accelerator
participants.
6. • Maintaining a • Maintain physical • Host two(2)
Submit On minimum Accelerator environment for accelerator networking or
or before, staff of 2 FTEs. participants. promotional activities
March 15, • Complete accounting per month.
2016. &biweekly payroll • Provide technical
for Accelerator assistance to the
Project staff. Accelerator
participants.
7. • Maintaining a • Maintain physical • Host two(2)
Submit On minimum Accelerator environment for accelerator networking or
or before, staff of 2 FTEs. participants. promotional activities
April 15, • Complete accounting per month.
2016. &biweekly payroll • Provide technical
for Accelerator assistance to the
Project staff. Accelerator
participants.
8. • Maintaining a • Maintain physical • Host two(2)
Submit On minimum Accelerator environment for accelerator networking or
or before, staff of 2 FTEs. participants. promotional activities
May 15, • Complete accounting per month.
2016. &biweekly payroll • Provide technical
for Accelerator assistance to the
Project staff. Accelerator
participants.
9. • Maintaining a • Maintain physical • Host two(2)
Submit On minimum Accelerator environment for accelerator networking or
or before, staff of 2 FTEs. participants. promotional activities
June 15, • Complete accounting per month.
2016. & biweekly payroll • Provide technical
for Accelerator assistance to the
Project staff. Accelerator
participants.
10. • Maintaining a • Maintain physical • Host two(2)
Submit On minimum Accelerator environment for accelerator networking or
or before, staff of 2 FTEs. participants. promotional activities
July 15, • Complete accounting per month.
2016. &biweekly payroll • Provide technical
for Accelerator assistance to the
Project staff. Accelerator
participants.
11. • Maintaining a • Maintain physical • Host two(2)
Submit On minimum Accelerator environment for accelerator networking or
or before, staff of 2 FTEs. participants. promotional activities
August 15, • Complete accounting per month.
2016. &biweekly payroll • Provide technical
for Accelerator assistance to the yfc
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Project staff. Accelerator
participants.
12. • Maintaining a • Maintain physical • Host two(2)
Submit On minimum Accelerator environment for accelerator networking or
or before, staff of 2 FTEs. participants. promotional activities
September • Complete accounting per month.
15, 2016. &biweekly payroll • Provide technical
for Accelerator assistance to the
Project staff. Accelerator
participants.
13. • Maintaining a • Maintain physical • Submit Annual
Submit minimum Accelerator environment for accelerator Accomplishment
Within 45 staff of 2 FTEs. participants. Report.
days of • Complete accounting • Host two(2)
expiration & biweekly payroll networking or
or for Accelerator promotional activities
termination. Project staff. per month.
• Provide technical
assistance to the
Accelerator
participants.
II. PROBLEMS:
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III. STATUS REPORT ON PROVISION OF SERVICES: (include report period and year-to-
date)
SCOPE OF ANNUAL REPORT YEAR TO % OF GOAL
SERVICE PROGRAM PERIOD DATE COMPLETED
PROVIDED GOAL
(See attached scope of work for detailed deliverables, benchmarks a n d performance measures.)
I V. OTHER COMMENTS:
SUPPORTING ATTACHMENTS: Along with the above status report, provide Project details
for the deliverables delineated in Exhibit A. For specific activities and accomplishments sub m it
supporting documentation listed below or other documents which support
accomplishment of deliverable. For example timesheets, payroll reports,
expense reports, invoices, statements,canceled checks, mandatory data and information required of
participants(submitted quarterly),copies of executed Participant Use Agreements,Annual
Accomplishment Report, invoices and cancelled checks, or copies of press releases, media placement
and other ads,or event budgets, or invitations or invoices for reserving event locations,and summaries
of need analysis.
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INSTRUCTIONS FOR
PROGRAM PERFORMANCE REPORT
THE PURPOSE OF THIS REPORT I S TO PRESENT A CONCISE REVIEW SUMMARIZING EIS
ACTIVITIES FOR THE COUNTY FUNDED PROGRAM. USE ADDITIONAL PAGES ONLY IF
NECESSARY/REQUIRED.
EII: Provide name of EII as it appears on your Agreement.
Program: Provide title of the program or general service area as contracted. It is defined in the Agreement
between the COUNTY and EII for economic development.
Report Period: Identify dates covered by this narrative report. After the first report, begin with ending date
of the previous report.
I. Accomplishments
Highlight significant or major accomplishments in the COUNTY funded program during the
report period.
II. Problems
Provide a description of the problems that were encountered during this report period which
would have a negative impact on the program. Also, provide a plan for a corrective action, to
include time of implementation, effect on the program, and indicate if there is a need to modify
the program, goals, Agreement or funding.
III. Status Report on Provision of Services, Goals and Objectives(Report period and quarterly-to-
date)
Report statistically on program goal achievements for report period and quarterly-to-date total.
IV. Other Comments
Use this section for general remarks regarding EII, etc. General information to assist in
understanding the program's operation and purpose may be included.
Provide anyRequired Attachment.
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EXHIBIT E
INSURANCE REQUIREMENTS
EII's Liability Insurance:
EII shall procure and maintain in force such insurance as will protect it from claims under Workers'
Compensation laws,disability benefit laws, or other similar employee benefit laws from claims for damages
because of bodily injury, occupational sickness or disease,or death of its employees including claims
insured by usual personal injury liability coverage; from claims for damages because of bodily injury,
sickness or disease,or death of any person other than its employees including claims insured by usual
personal injury liability coverage; and from claims for injury to or destruction of tangible property including
loss of use resulting there from,any or all of which may arise out of or result from EII's operations under
the Agreement,whether such operations be by EII or by any subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any of them may be legally liable. This insurance shall be
written for not less than any limits of liability specified in the Agreement or required by law,whichever is
greater,and shall include contractual liability insurance. EII will file with COUNTY a certificate of such
insurance, acceptable to COUNTY. These certificates shall contain a provision for cancellation as found in
paragraph 5 of Section B immediately below.
Insurance Required:
A. General
EII shall procure and maintain insurance of the types and to the limits specified in paragraphs B(1)through
(4) below. All policies of insurance under this Agreement shall include as additional insured COUNTY and
its officers and employees. EII's coverage shall be primary to the County's policy. All policies shall
provide for separation of insured's interests such that the insurance afforded applies separately to each
insured against whom a claim is made or a suit is brought.
B. Coverage
EII shall procure and maintain in force during the life of this Agreement the following types of insurance
coverages written on standard forms and placed with insurance carriers approved by the Insurance
Department of the State of Florida. The amounts and type of insurance shall conform to the following
requirements:
1. Workers' Compensation-EII shall procure and shall maintain during the life of this Agreement,the
appropriate types of Workers' Compensation Insurance for all of its employees to be engaged in work under
this Agreement in accordance with Section 440,Florida Statutes. In case any class of employee engaged in
hazardous work under this Agreement is not protected under the Workers' Compensation statute, EII shall
provide employer's liability insurance for all said employees.
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EXHIBIT F(CONTINUED)
Employer's Liability
Limit each accident Not Applicable(N/A)
Limit disease aggregate N/A
Limit disease each employee N/A
2. Commercial General Liability-Coverage must be afforded on a form no more restrictive than the
latest edition of the Commercial General Liability Policy filed by the Insurance Service office with limits of
not less than those listed below and must include:
General Aggregate/Bodily Injury/Property Damage $1,000,000
Products&completed operations N/A
Personal & advertising injury N/A
Each occurrence 1,000,000
Fire damage(any one fire) N/A
3. Business Automobile Liability- Coverage must be afforded on a form no more restrictive than the
latest edition of the Business Automobile Liability Policy filed by the Insurance Service office with limits
not less than those listed below and must include:
Business Auto, Hired and non-owned vehicles$500,000.
4. Professional Liability: $ N/A per claim
5. Certificate of Insurance and Copies of Policies-Certificates of Insurance will be furnished by EII
evidencing the insurance coverage specified in the previous paragraphs B(1)through (4) inclusive, and on
request of COUNTY certified copies of the policies required shall be filed with the Insurance Claims and
Management Department of COUNTY. The required Certificates of Insurance not only shall list additional
insured described above, for the operations of EII under this Agreement(excluding the workers'
compensation and professional liability policies)but shall name the types of policies provided and shall
refer specifically to this Agreement. If the initial insurance expires prior to the expiration of this
Agreement,renewal Certificates of Insurance shall be furnished thirty(30)days prior to the date of their
expiration.
Cancellation- Should any of the above described policies be canceled or non-renewed before the stated
expiration date thereof, insurer will not cancel same until up to thirty(30)days prior written notice has been
given to the below named certificate holder. This prior notice provision is a part of each of the above
described policies.
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EXHIBIT F
COLLIER COUNTY CMA#5383
EQUAL EMPLOYMENT OPPORTUNITY(EEO)
[Effective Date: March 17, 1999(Revised: October 1,2001; Revised: October 1,2003; Revised: May
1,2009)]
§ 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 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.
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EXHIBIT G
ROLE AND RESPONSIBILITIES OF ADMINISTRATIVE ENTITY
EII shall achieve and maintain tax-exempt status as a Florida not-for-profit and IRS 501(c)(3). EII
will maintain good standing with the Florida Secretary of State and corporate formalities under
Florida law. EII will strive to achieve the core objectives and to support the goals and objectives
identified in the BCC adopted Business Plan for Collier County Innovation Accelerators.
The Board of Directors of EII (serving as the Administrative Entity) shall exercise executive
oversight over the Project Executive Director. EII, as the Administrative Entity, would provide all
required administrative support and management functions collaboratively with the Executive
Director, who would generally be responsible for managing operations, implementation of the
Business Plan and providing accelerator services. Public resources for executing the Project would
flow through COUNTY, as the Fiscal Agent, to the Administrative Entity.
Administrative Entity Functions include, but are not limited to, the following:
1) Maintain Accelerator Project staff and all associated human resource functions including
payroll, benefits, and insurance.
2) Management of subleases and related real estate issues, including insurance and leasehold
improvement.
3) Procurement of equipment, supplies, goods and services required consistent with Exhibit
"J" Project Purchasing Procedures.
4) Disbursement of resources and collection of rents and fees for service.
5) Administer accounting controls and fiscal management (including submitting Exhibit "I")
for all assets and finances from Private contributions and Business Income.
6) Provide monthly Project Activity Reports as delineated in Exhibit "D" to COUNTY for
Project oversight discussion and/or program refinement.
7) Administer audit requirements.
8) The Administrative Entity shall provide budgetary advice based on the Executive
Director's proposed budget and the budget is to be approved by COUNTY.
9) Work as a team and cooperate to achieve Accelerator Project success.
10) Provide all documents pertaining to the Accelerator Project as requested by the COUNTY
whether in EII's possession or the possession of contractors or vendors.
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EXHIBIT H
ROLE AND RESPONSIBILITIES OF THE FISCAL AGENT
COUNTY, as a public entity, has responsibilities for funds received from the State and for funds
dedicated by COUNTY for economic development.
The Fiscal Agent shall provide the oversight and policy direction for the Project.
The Fiscal Agent shall have final oversight and approval of the Project budget wherein budgetary
advice was provided by Administrative Entity based on the Executive Director's proposed budget.
In the event that Administrative Entity commits resources or enters into a contract and
Administrative Entity's proposed budget or the approved budget has that line item removed or
reduced then Fiscal Agent shall give at least thirty (30) days written notice of said action to prevent
a negative fiscal event for the Administrative Entity. Should a negative fiscal event be created by
a line item removal or reduction in the budget the Fiscal Agent agrees to be responsible for the
negative fiscal impact or reimburse Administrative Agent for the negative fiscal event.
The Fiscal Agent shall propound the audit requirements for the Agreement.
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EXHIBIT I
REVENUE REUSE PLAN
Revenue Reuse Plan Quarterly Report
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REVENUE REUSE PLAN
ADMINISTRATIVE ENTITY: Economic Incubators, Inc.
PROJECT: Accelerator Project
1. The implementation of this Revenue Reuse Plan is predicated on principles of fiscal control and
sound policy which, protects the parties and their constituents within a project with multiple
funding sources namely COUNTY funding, Business Income, and Private Contributions. By
design the Accelerator Project is to be largely self-sustaining in future years once established and
generating revenue at capacity. Consistent with the Accelerator Project Budget this Revenue
Reuse Plan will govern the use of Business Income as provided for and defined by Article XXVII
of this Agreement and is intended to establish and authorize the following:
A. Business Income is authorized to be expended within Project budget categories, at the
discretion of the Executive Director of EII, notwithstanding the $20,000 which can be expended on
non reimbursable items, see B below. Furthermore, to address the needs of the organization's cash
flow demand and to promote future self sustainability, a reserve fund that allows Business Income
and Private Contributions to be carried forward into future years is authorized;
B. Up to $20,000 of Business Income may be expended on expenses, which are not reimbursable
by the COUNTY; and
2. The Administrative Entity will report Business Income monthly and expenditures through
quarterly submission,to the Fiscal Agent, of the Revenue Reuse Plan Quarterly Report, the form is
herein below. At the expiration of the term of this Agreement,EII will be required to update the
Revenue Reuse Plan and obtain approval prior to implementation.
3. Revenue Reuse Estimated Budget. Business Income Revenue Estimate $115,000.
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Revenue Reuse Plan Quarterly Report
Date Business Income Report submitted: Reporting Period
From to
Description of activities that generated the Business Income (BI): (add listing if required)
Description of activities funded by Business Income (BI): (add listing if required)
Budget Category Budget Current Budget BI Expended this Remaining
Balance Reporting Period Balance
Organizational expenses $0.00 $0.00 $0.00
Operational Expenses $0.00 $0.00 $0.00
Other Expenses $0.00 $0.00 $0.00
Fund Balance $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00
ertif1 Of Preparer` l
To the best of my knowledge, the data on this form is correct and all disbursements were made in accordance with grant
regulations.I certify that all Business income is maintained in a separate fund/account.
Name and Signature of Preparer: Name and Signature of Authorizing Official:
Print Name Print Name
`err
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EXHIBIT J
PROJECT PURCHASING STANDARDS
1
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Economic Incubators, Inc.
Procurement Policy
Policy#: FI-002
Policy Statement/Construction: Economic Incubators, Inc. ("Ell") hereby adopts the policies and
procedures outlined herein for purposes of Ell's procurement. Further, to the extent any action
herein is required or stated to be taken by an officer, employee, or committee, this policy shall be
construed or interpreted such that said action shall be the responsibility of the appropriate
officer, employee, or committee designated or appointed by Ell. Any questions regarding the
interpretation of this policy will be made and decided by the Board of Directors of Ell
Of Interest to: Economic Incubators, Inc. Board members and staff involved in financial and
procurement activities
Effective Date: September 16, 2015
Purpose: To establish policy for the procurement of goods and services to ensure the
purchase is conducted in an open manner resulting in competitive pricing, proper management
and oversight, accountability and efficiency, and for the prevention of waste, fraud and abuse.
Background: The Economic Incubators, Inc. and its employees are accountable for the use of
funds.
General Policy: The procurement of goods and services may be initiated by staff when/where
the services are needed for the day-to-day items. A Quotes/Procurement Authorization Form or
Purchase Order Request will be initiated when the procurement is for non-recurring items,
expenditures unique to a particular funding source or outside an annual contract for services or
items. This may also include procurement for office supplies, repairs, equipment, advertising,
printing, airline tickets, registration fees, subscriptions, publications, and any participant supplies.
For re-order items, the Executive Director or his designee will secure new bids at least once per
year. The Quotes/Procurement Authorization Form will include the following information:
• For each of the three vendor quotes — vendor name, address, total dollar amount
(documentation attached) and details/description of supplies or services requested, if
required
• Business purpose/use of supplies and/or services and comments
• Signature, date, printed name and title for:
o employee requesting the goods or services;
o Signature, printed name and title of approving Executive Director;
Executive Director
• For all procurements for personal services in excess of $5,000, a Conflict of Interest
Statement/Certification will be signed by the Vendor. This completed form will be used to
maintain compliance with CFR 95.42 and 97.36(b)(3)(i-iv) and should accompany the
Quotes/Procurement Authorization Form.
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Completed Quotes/Procurement Authorization Forms will be submitted to the Executive Director
for budget authorization and funding allocation. Office supplies, and other items which are
approved with a blanket purchase order, will be ordered by the Executive Director or the
Executive Director. Once approved, the purchase order will be distributed to the vendor or the
employee (if requested). Invoices received for purchases with no prior authorization are subject
to rejection without payment. Invoices submitted for payment without receiving proper
documentation (receipts, packing slips, etc.) will be rejected for payment.
No employee shall participate in the selection or award of a contract or vendor if the employee,
any member of his or her immediate family, his or her partner, or an organization which employs
or is about to employ any of these parties has a financial or other interest in the vendor or firm
selected for an award.
Procurement Thresholds — All reasonable requisitions submitted for items will require the
Executive Director's approval. The Executive Director may approve procurements up to $5,000
without prior approval of the Board of Directors. Above that amount will require the prior
approval of the Board of Directors. The Quotes/Procurement/Sole Source/E-Mails or
Authorization Forms will indicate the reason for the expenditure, a comparison for
reasonableness indicating proof of competitive procurement, signature of the requestor and
approval by the Executive Director. The following parameters for procurement of goods and
services shall be followed:
(1) up to $500—comparison or price analysis;
(2) $500 and up to $5,000-three quotes or demonstrated comparisons;
(3) $5,000 and up to $100,000-three written bids,
(4) $100,000 or more - advertisement for competitive proposals for contract and/or
provider services. (Request for Proposals required.)
Sole source procurement Sole Source/Emergency Procurement Authorization Form shall be used
to justify the reason for the request and to obtain all of the approvals. All of the cost principles as
outlined in the Cost Principles for Non-Profit Organizations (A-122), need to be followed at all
times. These regulations and guidelines provide for cost principles reflecting allowability and
restrictions of cost items. These guidelines are intended to ensure that:
• Appropriate procurement documentation is completed
• Proper documentation and/or approval is completed
• Costs were allocated correctly or allocations were substantiated
• Justification and/or business purpose/use for items purchased was provided
and adequate
Documentation - Procurement must be accompanied by invoices, receipts, copies of the check
used in the purchase and copies of the canceled check or ACH proof of transfer.
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Cost Price Analysis
1. A cost or price analysis must be performed in connection with every procurement. Cost and
price analyses will help ensure that:
a) Public funds are spent economically and the cost is reasonable.
b) The funds expended are appropriate in relation to the need for the service.
c) Vendors provided the best services at the most favorable prices.
2 An annual price analysis to document reasonableness may be conducted for goods and
services ordered on an ongoing basis. In lieu of a price comparison for each purchase, an
annual price analysis will be prepared for goods and services purchased on a regular basis to
operate the organization. An annual estimate will be made of the value of the items to be
ordered, and the proper procurement in accordance with established thresholds will be
completed based upon the aggregate amount estimated to be necessary.
3. Where appropriate, an analysis is made of lease and purchase alternatives to determine
which would be the most economical and practical procurement.
Procurement Procedures
A. Records Maintenance.
Records will be maintained for a seven year period to trace each service provider
procurement process. These records shall include documentation to explain the rationale for
the method of procurement, contractor selection or rejection, justification for lack of
competition when competitive bids or offers are not obtained, cost/price analysis, and the
basis for the contract price.
Rationale for Procurement Method. For competitive procurement, the Request for Proposals,
which describes the procurement process, will be kept on file for each procurement.
Rationale for all non-competitive procurement will be documented according to regulations.
Contractor Rejection or Selection. The evaluation criteria will be kept on file for each
procurement, including the individual evaluation forms completed for each proposal
submitted. Also kept on file will be copies of any correspondence sent to service providers
regarding the procurement.
Basis for Contract Price. The service provider proposal and contract will serve as the basis for
documentation of the contract price. Any miscellaneous correspondence regarding proposed
costs will also be maintained in the appropriate file. A cost/price analysis will be conducted
on each proposal recommended for funding by the Board.
B. Contract Signature Authority.
The Executive Director of Ell is the only official authorized to sign and execute contractual ;t-E
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agreements and modifications. The Executive Director is also the only official authorized to
terminate any contractual agreement.
C. Code of Conduct.
No employee or authorized agent, board member or officer, shall participate in or cast a vote
in the selection of or in the award of a contract if a conflict of interest real or apparent is
involved. Such a conflict would arise when the individual (employee, agent, board member or
officer), any member of the individual's immediate family, the individual's partner, or an
organization which employs or is about to employ any of the above, has a financial or other
interest in the firm or organization selected for award.
No employee or authorized agent, board member or officer, shall solicit or accept gratuities,
favors or anything of monetary value from contractors, potential contractors or parties to any
subagreement.
Control for conflict of interest is exercised through the Board's funding process. Proposals are
evaluated by staff based on evaluation criteria published in each Request for Proposals. Final
funding decisions are made by the Executive Director in consultation with the Board of
Directors. No one single staff or board member controls the selection or administration
process.
Regardless of the type of procurement, if Ell desires to enter into a contract with an
organization or individual represented on the Board of Directors, the contract must be
approved by a two-thirds vote of the directors present, a quorum having been established,
and the Board of Directors who could benefit financially from the transaction must declare
their conflict and abstain from voting on the contract. Board members must disclose any
such conflicts in accordance with the requirements of the Florida Statutes and complete
appropriate Conflict of Interest forms.
D. Procedures and Monetary Thresholds for Small Purchases.
The following monetary thresholds have been established by the Board of Directors in
accordance with Florida Statutes for procurement of goods and services: (1) unit price up to
$500 - comparison or price analysis; (2) unit price $500 and up to $5,000 - three quotes or
demonstrated comparisons; (3) unit price $5,000 and up to $100,000- three written bids; and
(4) unit price of$100,000 or more- advertisement for competitive proposals or bids.
Sole source procurement will only be used under the following circumstances: (1) emergency
situations where time constraints do not allow a competitive solicitation; (2) when only one
supplier has the unique capacity to provide the goods or services required; or (3) when
solicitation results in inadequate competition. These situations will be justified in writing and
approved by the Executive Director.
E. Method of Procurement.
To the extent practicable, service providers will be selected competitively. Non-competitive,
or sole source procurement shall be minimized, but may be authorized if justified and r..
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documented.
When procuring services by a competitive solicitation over $49,999, the Executive Director
will use a Request for Proposal (RFP) process. Public notice of the RFP will be provided
through Ell's website or other appropriate website or methodology as determined by the
Executive Director.
Contracts for all programs will generally be Performance-based Cost Reimbursement, with
supporting documentation required for each cost element. Profit may be proposed by private
"for profit" service providers; but in no event may profit exceed 10%. Any excess of revenue
over costs incurred for services provided by Ell must be included in program income. The type
of agreement entered into by Ell may be a fixed price or cost reimbursement, depending on
the method of procurement and goods or services being procured. The cost plus a percentage
of cost or percentage of construction costs methods of contracting shall not be used. Where
possible, the Board may utilize state approved contracts for the purchase of equipment,
goods, and services.
F. Bids and Formal Requests for Proposals
Purchases of$50,000.00 and above shall be publicly advertised and a formal request for bids,
proposals, or quotations shall be issued. Previous proposers, as well as entities which have
asked to be included on the proposer/bid list for various types of goods and services, shall be
notified that the Board is seeking service providers. Legal notices will be posted on the
Board's website and shall be advertised throughout the five county area.
Solicitations for goods and services will provide for all of the following:
• Clear and accurate descriptions of the goods or services being procured. The description
must not contain features that restrict competition.
• All requirements that must be fulfilled and all other factors used in evaluating bids or
proposals.
• Technical requirements described in terms of functions to be performed or performance
required, including a range of acceptable or minimum acceptable standards.
• Specific features of brand name or equal descriptions, if included in the solicitation.
• If procuring goods or certain types of services,the acceptability of metric measurements.
• Preference for ecologically sound and energy-efficient products.
In accordance with Federal regulations, the Board of Directors will take all necessary
affirmative steps to assure that minority firms, women's business enterprises and faith-based
organizations are used when possible; including dividing total requirements of the
procurement action, when economically feasible, into smaller tasks or quantities to permit
maximum participation, and establishing delivery schedules, where the requirements permit,
which encourage participation by small and minority business and women's business
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enterprises. Special consideration shall be given to proposals submitted by faith-based and
community based organizations; however, this consideration shall in no way prevent the
Board from choosing alternative organizations to provide services.
The primary consideration in the selection of service providers shall be the effectiveness of
the agency or organization in delivering comparable or related services based on
demonstrated performance, in terms of the likelihood of meeting performance goals, cost,
quality of training, and characteristics of participants. In addition, consideration shall be
given to demonstrated performance in making available appropriate supportive services
including child care. Total proposed cost shall also be an important consideration in the
selection of service providers.
The Executive Director shall establish a Review Panel. The Review Panel shall upon receipt of
proposals by the published deadline, shall review and consider the proposals. Cost analysis
information is to be prepared by the Executive Director or his designee during the review
process. A Bidders' Conference may be provided to ensure potential proposers have the
information necessary to write a competitive proposal.
A Review Panel meeting will be held to discuss proposals and develop recommendations. At
this meeting, the Review Panel may invite prospective providers to explain their proposals as
needed. The Review Panel completes the review sheets and determines final
recommendations for providers(s). Review sheet totals do not necessarily determine the
outcome but serve as a tool for reviewers to formulate ideas for discussion. The Review
Panel forwards its recommendations to the Board of Directors for final award and funding
level approval. Due to the bi-monthly Board meeting schedule, the Review Panel may receive
authority by the Board to approve providers in order for contract negotiations to commence,
contingent upon final approval by the Board of Directors required at the next scheduled
meeting.
Requirements and other factors used in the proposal evaluation process for submitting a bid
will be outlined in each Request for Proposal. Ell reserves the right to waive minor
irregularities in proposals submitted. Factors used in the proposal evaluation process will
include, but not be limited to:
• Demonstrated ability to deliver high quality related or comparable goods or services,
including consideration as to whether the organization has adequate financial resources
or the ability to obtain them. A satisfactory record of integrity, business ethics and fiscal
accountability. Necessary organizational experience, accounting, and operational
controls. The quality of the programmatic design. Reasonableness of proposed cost and
ability to meet specifications of the program and applicable performance goals.
• Ability to Perform. A determination will be made by board staff and the Review Panel of
whether a potential service provider has the means and resources to operate the
proposed program. This determination is based on the number of staff in the project and
their abilities and experience to operate programs. Review Panel members and board
staff will review information provided concerning the program operations statement,
qualifications of personnel, experience of the officer(s), facilities and equipment needed,
management and administration ability and experience.
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• Record of Performance. Requests for Proposals include a questionnaire, which must be
completed with each proposal, on the agency background and administrative ability. In
the evaluation of proposals, consideration is given based on previous experience and
success in operating the same or similar employment and training activities.
• Technical and Financial Resources. Board staff and Review Panel members will analyze
service provider technical and financial resources.
• Additional Control Concerning Contract Price. The senior official of the service provider
shall certify that to the best of his/her knowledge and belief, the cost data are accurate,
complete and current at the time of agreement on price and must agree to a negative
price adjustment if the certification is subsequently found to be inaccurate (i.e. defective
pricing).
• Controls for Avoiding Unnecessary Services. Requests for Proposals will contain detailed
specifications for program activities to be funded. Staff and the Board of Directors will
evaluate service provider proposals based on criteria which include the feasibility, value,
and appropriateness of proposed activities to customers. A contract will be executed with
each service provider approved by the Board of Directors and Executive Director for
funding and who have successfully completed contract negotiations. Each contract will
include a statement of work detailing services to be provided under the contract.
• Control on Award Prohibition. No subcontractor will enter into any contract or
subcontract at any tier to any party which is disbarred, suspended, or ineligible for
participation in State or Federal programs.
G. Sub-recipient/vendor Determination
Ell staff will evaluate the substance of each relationship to determine whether the features
represent a vendor or sub-recipient in accordance with OMB circulars.
H. Procurement Files.
All documentation detailing the historical process of a specific procurement action will be
maintained in a procurement file, and maintained for a minimum of five years. A
procurement file will contain, at a minimum,the following documentation:
• Copy of public notice announcing solicitation/request for proposals
• List of bidders mailed copies of public notice
• Request for proposals
• Copies of proposals received
• Record of proposal evaluations/ratings ;,.
• Record of formal approval/disapproval of proposals
• Cost estimate and cost/price analysis of accepted proposals
• Record of all written communications between proposers and staff during the
procurement process.
Note: Records of negotiations/basis for final agreement price will be maintained by the
Executive Director.
I. Appeal and Protest Procedures.
Within 72 hours after receipt of the notice of Ell's decision, the unsuccessful bidder must
submit, in writing, a notice of protest to the Executive Director of Ell. Within 10 days after
filing the notice of protest, the unsuccessful bidder shall file a formal written protest detailing
the reason for the protest.
J. Contract Management.
The Executive Director will act as the liaison to each executed contract and will provide
ongoing oversight, technical assistance, and quality assurance. Each contractual agreement
requires the contractor to submit monthly contract participant reports and monthly requests
for payment, with supporting documentation. Executive Director or his designee will review
these reports, to determine if the contractor is performing in accordance with the contractual
agreement, and to identify any necessary corrective measures.
Contract Program Status Report. Each monthly contract program status report will provide a
narrative/summary describing all contract activities and expenditures during the reporting
period. The Executive Director will compare program performance against contract goals and
will also initiate any required corrective action.
Monthly Request for Payment. Each monthly request for payment will include a summary of
line item costs expended during the reporting period. The report, at a minimum, will include
an accounting ledger, and may include supporting documentation to justify expenditures,
such as copies of payroll registers reflecting allocation of staff time, salary, and benefit
payments; copies of paid invoices, receipts for equipment, supply and service purchases; and
other justifications supporting cost allocations within the line item budget. Each contractor is
required to maintain all supporting documentation on file for easy access by the Executive
Director, monitor, or other authorized parties.
K. Contract Files.
A separate contract file will be maintained by the Executive Director for each individual
awarded contract, and will contain documentation of all actions relating to the administration
of the contract. Each contract file will contain, at a minimum, the following documentation:
• Original signed and executed copy of the contractual agreement, to include statement of
work and all attachments.
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• Original signed and executed copy of all approved contract modifications.
• Copy of initial proposal submitted by the awarded contractor.
• Copies of monthly requests for payments, program status reports and records of staff
review/actions.
• Records of all written communications between contractor and staff during the life of the
contract.
• Contract close out report, upon completion of the contract.
Contract files will be archived/maintained on-site for a minimum of seven years after the
close out of the contract. Contracts will then be disposed of by shredding by staff or a
contracted service.
L. Contract Close Out Report.
Each contractual agreement requires contractors to provide Ell with a contract close out
report and program income report, if applicable, within 90 days after expiration of contract.
The close out report will summarize all contract expenditures during the contract, as well as
provide an inventory of all property purchased under the contract which is valued at $5,000
or more. The report will be reviewed by the Executive before final payment is issued to
contractor.
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