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Agenda 09/13/2016 R Item #16F15 16.F.15 09/13/2016 EXECUTIVE SUMMARY Recommendation to approve the proposed Fiscal Year 2017 Agreement between the Southwest Florida Economic Development Alliance, Inc. and Collier County in continued support of the established public-private partnership designed to advance the County's economic development efforts. OBJECTIVE: That the Board of County Commissioners (Board) consider and approve the Fiscal Year 2017 Agreement between Collier County and the Southwest Florida Economic Development Alliance,Inc. ("Alliance"). CONSIDERATIONS: On January 27,2015,the Board of County Commissioners approved Agenda Item 16.F.5, an agreement between the County and the Alliance that served to formalize our County's regional economic development approach, as articulated in the Board's approved Office of Business &Economic Development Business Plan. The specific initiatives and action plans outlined in the Agreement's Scope of Services and Roles and Responsibilities continues our relationship with the Alliance and provides specific deliverables and responsibilities to further regional economic development in Southwest Florida through coordination of marketing and international business development activities. Just as the current year's agreement does, this Agreement provides for reimbursement to the Alliance for up to $100,000 in salaries and employee benefits (relocation expenses, health insurance and bonuses) and costs for Alliance personnel that were incurred in FY 2017. FISCAL IMPACT: The total cost of the Agreement will not exceed $100,000 in FY 2017. Subject to final budget approval, funding is included in the FY 2017 Business and Economic Development budget within General Fund(001). 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 that 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 vote for Board approval. -JAB RECOMMENDATION: To approve the proposed Fiscal Year 2017 Agreement between the Southwest Florida Economic Development Alliance,Inc. and Collier County. Prepared by: Jace Kentner,Interim Director,Office of Business &Economic Development. ATTACHMENT(S) 1. 2017 Alliance SWFLEDA Collier Agreement Signed by Eric Berglund (PDF) Packet Pg. 3003 16.F.15 09/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.15 Item Summary: Recommendation to approve the proposed Fiscal Year 2017 Agreement between the Southwest Florida Economic Development Alliance, Inc. and Collier County in continued support of the established public-private partnership designed to advance the County's economic development efforts. Meeting Date: 09/13/2016 Prepared by: Title: Administrative Assistant—Business and Economic Development Name: Jennifer Leslie 09/06/2016 4:30 PM Submitted by: Title: Economic Research Analyst—Business and Economic Development Name: Jace Kentner 09/06/2016 4:30 PM Approved By: Review: Business and Economic Development Jace Kentner Level 1 Add Division Reviewer Completed 09/06/2016 4:31 PM County Attorneys Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/07/2016 1:49 PM County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 09/07/2016 2:20 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/07/2016 3:23 PM Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/07/2016 3:47 PM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 09/07/2016 3:58 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM Packet Pg. 3004 16.F.15.a AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE, INC. This AGREEMENT is made and entered into this 13day of September, 2016, by and between a) Collier County, a political subdivision of the State of Florida (the 'COUNTY") and Southwest Florida Economic Development Alliance, Inc. ("ALLIANCE"), a Florida not-for-profit corporation. ra •— _ WITNESSETH —1 U- WIIEREAS, the COUNTY has determined that strategic marketing and business outreach activities provided through the ALLIANCE will help promote a more diverse and prosperous re gional economy and such activities are in the public interest and serve a lawful and beneficial purpose for the COUNTY and the Southwest Florida Region: *al sr) WhIEREAS, the COUNTY has determined that it is in the best interests of Collier County to support regional economic development efforts and that support further the goals and objectives identified (1) in the County's Business and Economic Development Business Plan; a) WHEREAS, the ALLIANCE is a business and economic development organization with a mission to ty) enhance the Southwest Florida Region's economic well-being and to create a vision to maintain and strengthen the economy of the Southwest Florida Region; -es WHEREAS, the ALLIANCE desires to be collaborate with the COUNTY in the achievement of the a economic development goals and objectives of the Collier County Board of County Commissioners (the r_n "BCC"); and a) WHEREAS, the ALLIANCE, in concert with the BCC, has determined that the strategies to achieve such tit objectives include those below: >, • Marketing Collier County in conjunction with the Southwest, Florida Region to recruit employment opportunities for residents; • • Strengthening and maintaining a communications network that promotes the image and assets of Collier County in conjunction with the Southwest Florida Rct.tion; E a) V.TIEREAS, the COUNTY desires to have the ALLIANCE continue to provide private sector es-r" leadership to achieve the strategies set forth above and the ALLIANCE is willing to undertake such functions under the terms of this Agreement for the County's Fiscal Year beginning October 1,2016; a) WHEREAS, the COUNTY enjoys broad Home Rule Powers, which include the authority to enter into agreements to enhance economic development within Collier County; and Ui WHEREAS, Section 125.045, Florida Statutes(County economic development powers)provides, in part, as follows: a) "(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 business enterprise management, and other activities conducive to economic C, Cs/ promotion, in order to provide a stronger, more balanced, and stable economy in the state; E 1 . • ra ....• ct Packet Pg. 3005 16.F.15.a 0 lo enhance and proser\e purchasing power and employment opportunities Mt Inc residents of this state: and to improvc the welfare and competitive position cif the state. The 'CI 1,Cli:datur;.- declares that it is necessary and in the nunlic interest to facilitate the gro\\Ili and creation of nusiness enterprises in the counties ot the state C) The Ltoverninif hods il a count,, may cApend public kinds h anract and retain cr) c.) business enterprises, and the use of public funds toward the achievement o'.'iLiCh economic development goals constitutes a public purpose, 1 he provisions of this chapter whiCh 'Confer powers and duties on Inc governing bodi.. ol a counts, including ans powers not speeifical Is prohibited r's lass ssnieh can he exercised is we governing bnoidor a counts., must be u_ rherais construed in order to etiecitivelv earry out the purposes of this section or tile purposes or this section. it constitutes a puliiic purpose ii expend public lunds tor economic development actis ities, including, but not limited to, developing or impro\ing toCal Infrastructure- issuine bonds to finance or refinance the cost o capital projects tilr industrial or manwacturing plants. leasing or eons eying real proper-1s., and making erants ti2 pri\atc enterpriseJ rot rite expansior nusincsses ii the cornmunirs r tilt: attraction of nets businesses to the communrii,,- a) )1k, i LREH„)RL. consideratam ,J1 the mutual 'covenants, t.iiromises and representations contained herein, and other good and \tnuable consideration. the COCNFY and Inc ALLIANCE agree as follows, (sit) A RT IC I I 0) SCOPE OFSERVICES r- The ALLIANCE: siva'o promote economic dot:torment for the COL:N IYhs pro\idinL: the ser\ices a and activities described in Exhibit "A'. Scope of ScRiees. attached herein ano fi reference made a pan a) hereof The mart's in Exhibit -A- guides COLNTY stall's audio pa)mem to measurable ser\ices periormee bs. the The matrix in Exhibit "G" which is incorporated herein by this reference defines the broader MUNI 1' economic des eloprnent relationship with the ALLIANCE. which \\ill he res tess ed and monitored bjv COE:N I Y stall \RI'ICI I II4-C P}:,RIOD OF AGRE:1.1XibNI "Ihis Agreement shall IN: etleen e upon execution by both ;:sartit., and shall cover seri\ices pros ided from OctobQr 1, 201(1, 1 Iit „,, o 0 Septeiniser Ttij, 2017. =less otherwist-.• terminated in aceordam.:e Agreement Or extended Os mutual written Agreement at parties. 0 ARI1('l,F III (.) CONSIDERATION AND LIMITATION 0 Lu For perfOrmance under this Agreement, the ALLIANCE will receive tunas, !Join the Col!tv, F in an amount nor to exceed(,)ne }kindred Thousand Dollars ($100.000.0fTi, It is intended that the scr\ices pertOrmed 1,) ALLIANCE shall be on a Cost reimbursement methodologi, for actual eligible expenditures. a) Actual expenditures eligible as a basis lOr reimbursement can and shall include salaries and employee ca benefits (relocation expenses. health insurance, and bonuses) and costs for \i.LI personnel pet kr servjces described in Exhibit -Ell Al.I IANCE shall be entitled to compensation upon }ICC apprOval al the A:jet:merit, ,Ilistrii)uted no more frequently than on a quarterk basis for reimbursement of eligible expenses appros.ed as the County and Clerk al Court. csi .c,P4 Packet Pg. 3006 16.F.15.a 0 All invoices shah he submitted in aZLorciance with COINTY pros.Tdt.ires and in a form acceptable to the COCNTY and the ALLIANCE' as generally outlined in Exhibit 'Tr - Method id Payment and Budget Detail tor Services and Exhibit "C" - Program Performance Report, attached hereto and by reference made a pan hereof a) c.) Eligible operating expell,';eS incurred to provide services consistent with the scope of services tiescriixsd in Exhibit "A" and Exhibit "H", In no event will COUNTY funds be expended for the 7:( ALEIANCEss purchase of tOod, beverages or entertainment costs or in support of electioneering_ u_ ARTICI.T. \ cf) PAYMLN'l AND REPORTING REQUIREMENTS I or IL performance under trik Agreement, Countsourits hall reimburse to the ALIJA:NCI. actual _c2 elrihl expend.tuies„Alf pa mem requests i' the ALLIANCE to the COlfNI V shah he submitted is Oh completed Program Per-flint-anee Report. Exhibit "C.- and Exhibit -D.- Payment Record Chart, in a horn: a) acceptable to Inc (ol!N FY and the ALLIANCI, as generally outlined and set Colt) in l,"Altibit 'A attached hereto and by reference made a part hereof, Payments to the ALLIANCE vvilf he made within hotly-five ot requests, in compliance viith the Local Government Prompt Paymen: Act, in or) accordance vvnh the procedures specified in F.\hibil "B.- Method of Payment and Budget Detail ior cre Services, If the COCNI'A' determines, through its inspection or rev ie'v that the ALLIANCE has nor performed or is performing less than the total agreed upon services, then the COUNTY shall notify rile ALLIANCE. cn vvriting, specify Me those services that it alleges have not been performed or fully perf;.,,rmed, and the ALLIANCE. shall have thirty (30) davs from receipt thereof to submit a then-current Program CO Performance Report, 1s hich shall address such allegations in detail amfor shall nicer with the appropriate representatives of the CAM \TY to discuss resolution thereof and cure or remedy any services no: lolly pertormed. Upon failure thereof. the COUNTY shall he entitled to reduce payment °them ise due for such sera ices not fully performed on a pro-rata basis. Performance will he measured by the defined Szope of -a Services set 0 in Exhibit -A- or a percentage 01 defined service goals completed and by such other cr) standards as the parties may agree upon in writing. The ALLIANCE shall submit its first payment request and Program Performance Report tOr the period October I, 2016. through December 31. 2016. ott or before (1) Jai-wary 31, 2017, 'I he ALL IANCI: snail suMun its second payment request and Program. Perf'orrnmee Report for the period of January 1, 2017, through March 31. 2017. on or before April 174 2017, i he ALLIANCE, shall suhnht its third paymeru rechic,1 for the period (,f April I 2017. throui.zh June 30, 2017, on or before July 11, 20f7. The ALLIANCE shall submit its final parnent request, Pr:-,4rarn l'erft‘rmarice Report and a year-end analysis and any other required reports on or before October 111, 2017, Ir' the "5— ALLIANC E- fails to cvmiply \vim the requitentents or this Article. the COLNTY 17.1ay 7Cr1.1`-': to 110%0r 0: he held liable for payment o1 any late roc:plc:As) for pay merit, 11.1 —J ARI ICLI, V u_ MAINTENANCT OF RECORDS a) (.) 'Hie ALLIANCE shall maintain such financial records and accounts, including invoices, purc)ase orders and backup 111.11Crlak or dOCUrnentr:. as are deemed necessary to assure a ()rope! :ICCOLIFV,U1U fir oh CO! NTY funds for which the COUNTY is oblipted to reimburse the ALLIANCE under the terms of this Agreement, The aforeszti;:i records and accounts shall be made :•.tviilahle Cur inspcon ,-,urpose at retsonaillo :ones ,thd upon reason:1111e durin?; r::'rr'.rul business hours and cherr the ('Cl IN IA' CN1 4-; E -c L. a) Packet Pg. 3007 16.F.15.a may deem necessary to verify reimbursements and any other financial records or matters covered by this Agreement. The ALLIANCE shall alsc: 0 i Keep and maintain public records required by the public agency to perform the seri ice. 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 c.) cost that does not exceed the cost provided in this chapter or as otherwise provided by law. ra 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure 7e-C requirements arc 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 to possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers ail 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. AU records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technoloR a) systems of the public agency. ct 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 East,Suite 102 Naples,FL 341 12-5746 7.3 Telephone:(239) 252-8383 ARTICLE VI INDEMNIFICATION The ALLIANCE shall indemnify, hold harmless, and defend the COUNTY, its agents and employees a) 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 a) brought by anyone on account of personal injti /, 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 ALLIANCE, its agents, subcontractors, assigns, heirs, and employees during performance under this Agreement. The extent of its LU —J indemnification shall be limited by the insurance available to ALLIANCE in accord with Article N of U this Agreement. in any and all claims against the COUNTY or any of its agents or employees by any cn employee of the ALLIANCE, any subcontractor, heir, assign, anyone directly or indirectly employed by a) 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 the ALLIANCE or any subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. (NI 4 _a c.) Packet Pg. 3008 16.F.15.a ARTICLE VII TERM INA TIC)N 0 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 all other notices required herein, shall be considered received by the ALLIANCE and the COUNTY if sent by certified mail, return receipt u_ requested. or by overnight personal delivery service requiring a signature for delivery,and addressed as provided for in Article XXVIII of this Agreement. a) ARTICLE VIII EQUAL OPPORTUNITY CLAUSE "E. The ALLIANCE agrees to abide by the provisions contained in Collier County CMA #5 3 8 3, a) as amended,which is incorporated herein by reference to Exhibit F. aiw i5) ARTICLE IX STATEMENT OF ASSURANCE During the performance of this Agreement, the ALLIANCE assures the COUNTY that the ALLIANCE is in compliance with Title VII of the 19CA Civil Rights Act,as amended,the Florida Civil Rights Act of 1992,as amended, and the Collier County Human Rights Ordinance(Ordinance Nn. 00-37), in that the ALLIANCE does a not, on the grounds of race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against the ALL1ANCE's employees or applicants for employment. Further,the ALLIANCE co assures the COUNTY of the ALLIANCE's compliance with the Americans with Disabilities Act of 1990, as amended, as applicable. The ALLIANCE understands and agrees that this Agreement is conditioned upon the veracity of such statements of assurance. Furthermore,the ALLIANCE 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 -a State laws, Executive Orders, and regulations prohibiting discrimination as hereinabove referenced are included a) by this reference thereto. This statement of assurance shall be interpreted to include Viemam-Era Veterans and Disabled Veterans within its protective range of applicability. a) ARTICLE X a) INSURANCE The ALLIANCE shall provide and maintain the following insurance coverages in the amounts specified throughout the period of this Agreement on behalf of the ALLIANCE and the COUN'TY, by naming the COUNTY as an additional insured under the policies of insurance that it maintains, a copy of the declarations page thereof being attached as Exhibit E, as follows: Commercial General liability insurance: with coverage limits of $500,800, general which shall apply to claims that may be asserted against the COUNTY by reason of the act or activities of the ALLIANCE The ALLIANCE shall maintain workers' compensation coverage as required by Florida law. cr) 11) 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 of any cancellation, intent not to renew, or reduction in the policy coverage. Coverage shall be documented by a Certificate of Insurance. el; E C•1 cci Packet Pg. 3009 16.F.15.a 0 ARTICLEXI CONFLICT OF INTEREST The ALLIANCE 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 pertbrmance of service cis required hereunder. ARTICLE XII DRUG FREE WORKPLACE U) The ALLIANCE shall administer, in good faith, a policy designed to ensure that the .ALLIANCE's employees, agents and subcontractors are free from the illegal use, possession. or distribution of drugs or alcohol. ARTICLE XIII GOVERNING LAW; VENUE cs) This Agreement shall be governed by the laws,rules and regulations of the State of Florida_ ARTICLE XIV cr) COMPLIANCE The ALLIANCE shall comply with the requirements of all federal, state, and local laws, rules. codes, ordinances and regulations pertaining to this Agreement. TZ) ARTICLE XV ASSIGNMENT tit >, Neither party may assign or transfer its rights or obligations under this Agrxment without the prior written consent of the other party. CZ ARTICLE XVI HEADINGS Article headings have been included in this Agreement solely for the purpose of convenience and shall not affect the interpretation of any of the terms of this Agreement. ARTICLE XVII WAIVER A waiver of any performance or default by either party shall not be construed to be a continuing waiver - waiver of other defaults or non-performance of the same provision or operate as a waiver of anv 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 he deemed a waiver of any right or acceptance of defective perfomiance. (a ARTICLE XVIII ADDITIONAL RIGHTS AND REMEDIES (.1 ci) Packet Pg. 3010 16.F.15.a 0 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. a) "c3 c.) ARTICLE XIX ORDER OF PRECEDENCEcc a) In the event of any conflict between the provisions 07' 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. Li to ARTICLL XX SEVERABILITY a) In the event any section, sentence, clause, or provision of this Agreement is held to be invalid .o or illegal, the remainder of the Agreement shall not be affected by such invalidity or illegality arid shall remain in full force and effect. a) a) ARTICLE XXI PROJECT PUBLICITY Any news release or other type of publicity pertaining to the services performed b the ALLIANCE pursuant to this Agreement must recognize the contribution of the BCC as a funding source, -o The ALLIANCE 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 IT12 at any event or workshop for which COUNTY funds arc allocated. In written materials, the reference a) co to the COUNTY must appear in the same size letters and font type as the name of any other funding .c.- sources, >, .0 In addition, any development project announcement, ceremonial business opening, or publicity -o event resulting from efforts of the ALLIANCE, and particularly those projects induced with COUNT`i' funded financial incentives or other contributions, will be planned in cooperation with the COUNTY's i7) 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 c) events will be no less than IS working days whenever possible or practicable, and potential prospects a) will he made aware of the COUNTY's publicity protocol before final inducement with any incentive packages len or contributions. ARTICLE XXII Sl IRVIN/ABILITY 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. cn ARTICLE XXIII THIRD PARTY BENEFICIARIES This Agreement is for the benefit of the COUNTY and the ALLIANCE. No third party is an intended beneficiary so as to entitle that person to sue for an alleged breach of this Azreement. C•1 a) L cc tt. Packet Pg. 3011 16.F.15.a ARTICLE XXIV POLITICAL ACEION 3 1-rtc- ALL IA NCE sial n engage, participate ot inters ene an' at pl uc IC:ampair, nn hehaft it. or in opposiition to. any candidate tOr politica1 chice. ai) m ARTICLE XXV NIERGER: MODIFICATIONS; —J U- This wrihng ernritothes the entire agreement and understanditqL between the parties herei:1 an.--.° there ax otner.agreements and.,'or understanding oral or written, with respect to the subject matter hereol, :hal are not a) merged herein and superseded hereby. This Agreement may only he moditIeJ, amended, extemied or CalWeLt:',A, (1) kYnricri instrument executed h' the COUNTY and the AIil:LANCE Similarl . rk., contract that purports atIeLl the terms of this Agreement shall he valid as it affects this :Agreement, unless in writing and executed by _a the COYNTY and the ALLIANCE •E' a) ARTICLE XXVI \OTICFS a) a) All notices required or permitted to he given by a party under this Agreement shall he in writing and eit) sent to the other party by certified mail, return receipt requested, or by overnight personal delivery service a) requiring a signature for delivery, and shall be addressed as follows: "CS It-to the COUNTY. Collier County : If to Ihe ALLIANCE: Leo Ochs, Count\ Manage:-C ollict Count,. Southwest Florida Economic Des clopment Ilirince, Inc. 03 0) lftunituni -Inn! East, Ste. 201 ; Eric F. Berglund. President 4984 Royal GuliCir‘,71c Naples, Ei. 34104 Fort Myers Florida 33966 .c2 a) IN WIL*NESS WHEREOF, 11:Cb Agreement v dated on the cJa-, and ycar first written ahoy e. in ATLEST: BOARD OF COUNTY COMMISSIONERS 4E. DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA C) C) c-)" . DEPUTY CLERK 1)onna Fiala. Chairman 0 TIES I SOUTHWEST FLORIDA ECONOMIC DEVTI.OPMEN1 ALLIANCE:, INC. Lu By: H ± Eric F. Berglund, President Approved as to form and legaio, as „ Jennifer A. Bcsdpedio. Assistant County Attornin , (NI E 8 CC Packet Pg. 3012 16.F.15.a 0 EXHIBIT A SCOPE OF SERVICES iT) 0 ORGANIZATION: Southwest Florida Economic Development Alliance, Inc. C.) PROGRAM: Economic Development Services ra Performance Criteria ALLIANCE shall provide the supporting documentation identified on Exhibit C to substantiate the following activities/accomplishments for reimbursement: a) Deliverable 1: Maintaining a minimum ALLIANCE staff of 2 FTEs with up to a 90 day grace period in the event of a separation occurrence. Deliverable 2: Submit and implement Annual Marketing Plan. CD c:r) Deliverable 3: Create and maintain a website that is search-envine optimized and monitor analytic reports on its usage. ca a) C 7i) cc •tr.. Lu _a C a) tz) C E cu a> D) a) Ui u_ a) C t-- C•1 4E; A I a) F ra Packet Pg. 3013 16.F.15.a 0 EXHIBIT B METHOD OF PAYMENT AND BUDGET DETAIL 05 a ORGANIZATIONSouthwest Florida Economic Development Aliiance, me, ;EC PROGRAM: Economic Development ServiceU)s 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 a) PRIOR WRITTEN APPROVAL IIAS BEEN GRANTED BY THE COUNTY MANAGER, _o WHOSE APPROVAL SHALL BE CONSISTENT WITH TI IE TERMS OF THE a) COUNTY/ALLIANCE BUDGET AND AGREEMENT, AND NOT UNREASONABLY WITHHELD. THE COUNTY'S FISCAL YEAR COMMENCES ON OCTOBER IsT AND ENDS ON SEPTEMBER 30TH OF THE FOLLOWING CALENDAR YEAR. INVOICES FOR SERVICES DELIVERED BETWEEN OCTOBER Isl. AND SEPTEMBER 3011i MUST BE RECEIVED NO LATER THAN OCTOBER I Om OF EACH YEAR TO ALLOW CLOSEOUT OF THE COUNTY'S FISCAL YEAR. IN NO EVENT, HOWEVER, SHALL PAYMENTS TO THE ALLIANCE UNDER THIS AGREEMENT EXCEED $1 00,000.00 PER COUNTY FISCAL YEAR. 132 TOTAL(County Portion) S100,000.00 (fiscal year) BUDGET DETAIL FOR SERVICES Budget Category I Approved Budget I. Salaries including benefits Director and Operations Support Staff $100.000 Personnel Subtotal 5100.000 [Total Budget Categories S100,000 0 LU LL(1) 0 es C•1 U E 132 Packet Pg. 3014 16.F.15.a 0 EXHIBIT C PROGRAM PERFORMANCEREPORT ORGANIZATION: Southwest Florida Economic Development Alliance, Inc. 0 PROGRAM: Economic Development REPORT PERIOD THROUGH ACCOMPLISHMENTS; .7C I Report No. Deliverables u_ I. Submit on or before J Deliverable 1: Maintain a Director and Support Staff as evidenced by cr) January 31, 2017, for the payroll reports, bank statements,payroll related canceled checks,and period of October 1, IRS form 941. 2016,through December 31, 2016. Deliverable 2: Submit Annual Marketing Plan as evidenced b.) submission of Plan. a) Deliverable 3: Report on website traffic data as evidenced by submission of analytic reports. 2.. Submit on or before Deliverable 1: Maintain a Director and Support Staff as evidenced by csn April 30,2017, for the payroll reports, bank statements,payroll related canceled checks,and period of January 1, IRS form 941. 2017, through March 30, 2017. Deliverable 2: Progress toward(4)marketing events during term of 7a Agreement evidenced by submitting a status menlorandum. c_n Deliverable 3: Report on website traffic data as evidenced h Ic.) submission of analytic reports. .0 3. Submit on or before July Deliverable 1: Maintain a Director and Support Staff as evidenced by -a 31,2017,for the period payroll reports, bank statements.payroll related canceled checks,and of April 1.2017,through IRS form 941. June 30,2017. Deliverable 2: Progress toward(4)marketing events during term of a) Attreement evidenced by submitting a status memorandum. a) a) Deliverable 3: Report on website traffic data as evidenced by submission of analytic reports. 4. Submit on or before Deliverable 1: Maintain a Director and Support Staff as evidenced by October 10, 2017. for the payroll reports, bank statements,payroll related canceled checks,and period of July 1,2017, IRS form 941. through September 30, ; u_ 2017. Deliverable 2: Progress toward (4) marketing events during term of cn Agreement evidenced by submitting a status memorandum, ca Deliverable 3: Report on websitc traffic data as evidenced by submission of analytic reports. 7c1 r- a) !Lu ' • < Packet Pg. 3015 16.F.15.a 21' 0 EXHIBIT 1) PAYMENT RECORI)CHART 0 ; ov. _ 41'S -7=7C' Sa ane i including,bene Its u_ , • Ci) Total SI 00.000 Ia) 4E. a> E C) 0 r cr) C a) )._ U .0 C &) C E 0) C) 0 0 0 LU U- ci) C) U C 0 CN1 4; C C) E (.3 1 Packet Pg. 3016 16.F.15.a 0 EXHIBIT E ALLIANCE GENERAL LIABILITY COVEREAGE 'cr) DECLARATION SHEET Southern-Owners ins.Co.Policy 142312-20879490-14 c.) ;Ft cr) a) c) c, 17:2 a) ca c.) •c a) cs) () co" ci) a) c.) co r- a CN 4E Packet Pg. 3017 16.F.15.a 0z EXHIBIT F COLLIER COUNTY CSR #5383 a) EQuAL EMPLOYMENT OPPORTUNITY EE()) 05 Effective Date: March 17, 1999 (Revised: October 1,2001; Revised: October 1,2003; Revised: N141 1,2009)1 c.) § 5383-1. Purpose. t7C —J The purpose ot this insult:Ili-n-1 is ;o pros ide or the implementation of un equal employment opportunit lEo procedure authorized b\ the County Manager § 5383-2. Concept, a) a) It is the practice of the County a enurc that al i iuman Resources proce:ture;+ are in compliance '%kitil slate an,d federal t1N.1. T h County prkthibits itiscrummition is detined hs state ami 1(...leral 4E" A. All Human Resources practices. including compensation, benefits, discipline. szttely. as well as a) recreational activities mill be administered and conducted in compliance with NIalt: urid federal Ito •• B. Recruitment, selection, placement. promotion, transfer, training, reduction in force and a off c•-) decisions will be based on factors including the eandidate's'employee's job-related qualifications cr) and abilities Seniority inns br considered as a factor given other factors arc equal -cs C An outreach program may be utilized to recruit, hire and ensure advancement of qualified minority group members, women.disabled individuals and veterans. 72) D. Collier County e0Verlittle1ll %kill take necessary steps to ensure that the work environment is free of unlawful discrimination o; harassment E. 'Hie County will continue to 74:` •01 its Human Resources procedures to ensure that its supervisors and managers adhere to its commitment to equal employment opportunity (El.E0) principles Fi5 I'. Employees who have EEO-related questions. comments or complaints are encouraited 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 a) c7) Treatment Procedure_ § 5383-3. Currency. -6 the I human Resources Depat-tment is responsible for maintaining the currency at this instruction, l 5383-4. Reference. —J U- Collier County Personnel Ordinance, Ordinance No. 200I-50: Equal Lmployment Opportunity: It is the policy' of Collier Count's to ensure that all litiman Resources policies and practices are administered without regard to race, color. rclic,ion, se,,, age, national origin, physical or mental handicap, or marital .7t CNI Packet Pg. 3018 16.F.15.a 0 EXHIBIT G ROLE AND RESPONSIBILITIES OF ALLIANCE To strengthen the Southwest Florida Region economy the Alliance will perform activities 05 including, but not be limited to: generating business awareness and interest in Southwest Florida through targeted outreach, marketing and relationship building and serving as a transparent economic development coordinator in disseminating leads. Specific activities will be outlined in the Annual Marketing Plan developed by the Marketing Advisory Committee and approved by the Alliance's Board of Directors, The Marketing Advisory Committee will include economic development professionals from Collier County and other counties represented by the Alliance. The activities may include participation in trade shows, site selector events, along with hosting special functions such as CEO forums and site selector meetings. The Alliance may also participate in international events and activities coordinated through Enterprise Florida and other affiliates authorized by the County Manager of his designee. a) Provide an Annual Accomplishment Report in compliance with Section 125.045(4) F.S. to iFs) 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. er) Develop a fundraising plan which contemplates achievement of private contribution goals, and submit to the County within 90 days of execution of this Agreement. Alliance Functions include, but are not limited to, the following: 1. Marketing Outreach & Site Selector Relationships >, I. Submit an Annual Marketing Plan developed in conjunction with Marketing Advisory Committee, to include economic development professionals from Collier County. a) in 2. During the term of this Agreement, execution of specific activities within the Annual Marketing Plan. including sponsoring, organizing, and participating in outreach events designed for engaging regional partner attendance, including but not limited to trade shows,recruiting trips,and consultant events. The 0) four (4) events will constitute marketing and promotional programmed activities for developing site a) 'Er) selector relationships and building awareness of the Southwest Florida Region as a business destination. `cr) 3. Account for and report on prospect & contact activities through the use of a lead dissemination tool to track prospect information derived from Alliance's marketing efforts. H. Website Expense and Marketing Data Lu u_ 1. The Alliance will manage the regional data repository and website, keeping the information accurate, current, and relevant and market the site to drive activity. The website and appropriate digital a) capabilities will be continually enhanced and developed for maximum effectiveness. The website will include an online property locator through LoopNet that allows businesses to easily identify suitable as buildings and sites, 2. Maintain attractive and relevant website to highlight attributes of the Southwest Florida Region C•1 including Collier County Business Development programs. The data updates and website refreshments will he performed regularly and programs will he initiated to market the website and optimized its usage, as evidenced by reports consisting of web traffic data including specific marketing penetration metrics. `.4 Packet Pg. 3019 16.F.15.a 0 Ill. Staff& Operations 'cr) 1_ The Alliance Director would lead the Alliance and represent the organization both externally and internally to the region, Externally, the Director would overset development and execution of the annual marketing plan. The Director would also focus on promoting the region to targeted site a) selectors and companies; Enterprise Florida, and international consulates, attending trade missions where appropriate. internally, the Director would manage investor relations, direct fund-raising activities, promote the importance of economic development within the region, and act as liaison for ;Ft economic development activities for Southwest Florida. -J U- 2. Attend a quarterly meeting with the County's Office of Business and Economic Development and cr) the Partnership for Collier's Future Economy, inc. for review of economic development activities and project updates. -a; sit 4E' ir) a) co •c: -es a) a) LJJ -J cn c.) csi a) Packet Pg. 3020