Backup Documents 09/13/2016 Item #16F12 �\ ORIGINAL DOCUMENTS CHECKLIST & ROUTINGSIP
�� ��� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 F 1 2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN URE
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.
**NEW** ROUTING SLIP
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.
D\)-01
3. County Attorney Office County Attorney Office
CA.6' I li 161
4. BCC Office Board of County
Commissioners \71\c/ 1
5. Minutes and Records Clerk of Court's Office
[(6 3:%WI
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 Phone Number
Contact/ Department V._)2-At EL 1-1+"
Agenda Date Item was Agenda Item Number
Approved by the BCC 9 -' 1 V 1 (0 `1 , R. i
Type of Document Number of Original
Attached 5 C.' U S�e C . Documents Attached
PO number or account Com\\«r
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. (Initial) Applicable)
1. Does the document require the chairman's original signature? D v
2. Does the document need to be sent to another agency for additional signatures? If yes, ;�
/.
provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet. �/.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed "1i
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N
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 13��+, Q
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
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on1' nd all changes made during the
meeting have been incorporated in the attached ocument. The County Attorney's —_,ot
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 the •_
Chairman's signature.
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
16F12
Ann P. Jennejohn
From: KentnerJace <JaceKentner@colliergov.net>
Sent: Thursday, November 17, 2016 4:20 PM
To: Ann P.Jennejohn
Subject: Re:Agreement w/Collier's Future Economy (9-13-16 Item #16F12)
Thank you!
Jace Kentner
Collier County
Office of Business & Economic Development
Interim Director
2660 N. Horseshoe Dr., Suite 105
Naples, Florida 34104
Telephone (239) 252-4040
Fax (239) 252-6718
jacekentner@colliergov.net
On Thu,Nov 17, 2016 at 4:17 PM -0500, "Ann P. Jennejohn" <Ann.Jennejohn@collierclerk.com> wrote:
Hi Jace,
A copy of the FY17 Agreement between the Partnership for Collier's Future Economy, Inc. and
Collier County, supporting the public-private partnership designed to advance economic development
efforts,
approved by the Board September 13, 201-6 (Item #16F12), is attached for your records.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept.
239-252-8406 Fax 239-252.-8408
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
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AGREEMENT BETWEEN COLLIER COUNTY,FLORIDA
AND
THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY, INC.
THIS AGREEMENT ("Agreement") is made and entered into this 13th day of
September, 2016, by and between Collier County, a political subdivision of the State of
Florida (the "COUNTY"), and the Partnership for Collier's Future Economy, Inc.
("PARTNERSHIP"), a Florida not-for-profit corporation, whose address is 2390 Tamiami
Trail N#210, Naples,FL 34103 ("PARTNERSHIP").
WITNESSETH
WHEREAS, the COUNTY has determined that strategic planning, business retention,
expansion, attraction and workforce/talent efforts through the PARTNERSHIP to assist the
private sector and other governmental agencies will enhance Collier County's economic
well-being, are activities in the public interest and are lawful and beneficial purposes of the
COUNTY;and
WHEREAS, the PARTNERSHIP is a business and economic development organization
with the mission to enhance Collier County's economic well-being and create a vision to
strengthen and maintain Collier County as a leading business center of Southwest Florida;and
WHEREAS, the PARTNERSHIP collaborates with the COUNTY in the
achievement of the economic development goals and objectives of the Collier County Board
of County Commissioners(the "BCC"); and
WHEREAS,the COUNTY enjoys broad Home Rule Powers, which include the authority
to enter into agreements to enhance economic development within Collier County; and
WHEREAS, Section 125.045, Florida Statutes (County economic development powers)
provides, in part,as follows:
"(1) The Legislature finds and declares that this state faces increasing
competition from other states and other countries for the location and retention of
private enterprises within its borders.Furthermore, the Legislature finds that there
is a need to enhance and expand economic activity in the counties of this state by
attracting and retaining manufacturing development, business enterprise
management, and other activities conducive to economic promotion, in order to
provide a stronger, more balanced, and stable economy in the state; to enhance
and preserve purchasing power and employment opportunities for the residents of
this state; and to improve the welfare and competitive position of the state. The
Legislature declares that it is necessary and in the public interest to facilitate the
growth and creation of business enterprises in the counties of the state.
(2) The governing body of a county may expend public funds to attract and
retain business enterprises,and the use of public funds toward the achievement of
such economic development goals constitutes a public purpose. The provisions of
this chapter which confer powers and duties on the governing body of a county,
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including any powers not specifically prohibited by law which can be exercised
by the governing body of a county, must be liberally construed in order to
effectively carry out the purposes of this section.
(3) For the purposes of this section, it constitutes a public purpose to expend
public funds for economic development activities, including, but not limited to,
developing or improving local infrastructure, issuing bonds to finance or
refinance the cost of capital projects for industrial or manufacturing plants,
leasing or conveying real property, and making grants to private enterprises for
the expansion of businesses existing in the community or the attraction of new
businesses to the community";and
WHEREAS, the PARTNERSHIP, in concert with the BCC, has determined that the
strategies and corresponding Key Initiatives to achieve such objectives include those below:
• Implementing the Economic Development Strategic Plan adopted by the BCC;
• Providing existing businesses with access to long-term expansion/retention services;
• Recruiting new businesses and marketing Collier County in order to attract
employment opportunities for residents;
• Engaging Enterprise Florida, regional utility providers and other economic
development partners as Collier's Point of Contact, and
WHEREAS, the COUNTY desires to have the PARTNERSHIP provide private sector
leadership to achieve the strategies set forth above and the PARTNERSHIP is willing to
undertake such functions under the terms of this Agreement;and
WHEREAS, the parties wish to enter into an Agreement, as stated below, to continue the
COUNTY's support of the PARTNERSHIP in Fiscal Year 2017.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein and other good and valuable consideration, the COUNTY
and PARTNERSHIP agree as follows:
ARTICLE I
SCOPE OF SERVICES
AND
ROLES AND RESPONSIBILITIES
The PARTNERSHIP shall promote economic development for the COUNTY by
providing the services and activities described in Exhibit "A," Scope of Services, attached
hereto and by reference made a part hereof. The matrix in Exhibit A guides COUNTY
staffs ability to authorize payment for measurable services performed by the
PARTNERSHIP.
The matrix in Exhibit"G"which is incorporated herein by this reference defines the
broader COUNTY economic development relationship with the PARTNERSHIP,which
will be reviewed and monitored by COUNTY staff.
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ARTICLE II
PERIOD OF AGREEMENT
This Agreement shall be effective upon execution by both parties and shall cover
services provided from October 1, 2016, through September 30, 2017, unless terminated in
accordance with this Agreement or extended by mutual written Agreement of the parties.
ARTICLE III
CONSIDERATION AND LIMITATION
For its performance under this Agreement, the PARTNERSHIP will receive funds
from the COUNTY in an amount not to exceed One Hundred Thousand Dollars ($100,000).
It is intended that the services performed by the PARTNERSHIP shall be on a cost-
reimbursement methodology for actual eligible expenditures. Actual expenditures eligible as
a basis for reimbursement can and shall include salaries and employee benefits (dental,
vision, and health insurance) and costs for PARTNERSHIP personnel performing services
described in Exhibit"B." The PARTNERSHIP shall be entitled to compensation upon BCC
approval of the Agreement, distributed no more frequently than on a quarterly basis for
reimbursement of eligible expenses approved by the County and Clerk of Court.
All invoices shall be submitted in accordance with COUNTY procedures and in a
form acceptable to the COUNTY and the PARTNERSHIP, as generally outlined in Exhibit
"B,"Method of Payment and Budget Detail, and Exhibit"C,"Program Performance Report,
attached hereto and by reference made a part hereof.
Eligible operating expenses incurred to provide services consistent with the scope of
services described in Exhibit "A" are outlined in Exhibit "B." In no event will COUNTY
funds be expended for the PARTNERSHIP's purchase of food, beverages or entertainment
costs or in support of electioneering.
ARTICLE IV
PAYMENT AND REPORTING REOUIREMENTS
For its performance under this Agreement, County shall reimburse to the
PARTNERSHIP actual eligible expenditures. All payment requests by the PARTNERSHIP to
the COUNTY shall be submitted with a completed Program Performance Report, Exhibit "C,"
and Exhibit "D," Payment Record Chart, in a form acceptable to the COUNTY and the
PARTNERSHIP, as generally outlined and set forth in Exhibit "C," attached hereto and by
reference made a part hereof. Payments to the PARTNERSHIP will be made within Forty-five
(45) days of requests, in compliance with the Local Government Prompt Payment Act, in
accordance with the procedures specified in Exhibit"B," Method of Payment and Budget Detail
for Services. If the COUNTY determines, through its inspection or review that the
PARTNERSHIP has not performed or is performing less than the total agreed upon services,
then the COUNTY shall notify the PARTNERSHIP in writing, specifying those services that it
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alleges have not been performed or fully performed, and the PARTNERSHIP shall have thirty
(30)days from receipt thereof to submit a then-current Program Performance Report,which shall
address such allegations in detail and/or shall meet with the appropriate representatives of the
COUNTY to discuss resolution thereof and cure or remedy any services not fully performed.
Upon failure thereof, the COUNTY shall be entitled to reduce payment otherwise due for such
services not fully performed on a pro-rata basis. Performance will be measured by the defined
Scope of Services set out in Exhibit"A" or a percentage of defined service goals completed and
by such other standards as the parties may agree upon in writing. The PARTNERSHIP shall
submit its first payment request and Program Performance Report for the period October 1,2016,
through December 31, 2016, on or before January 31, 2017. The PARTNERSHIP shall submit
its second payment request and Program Performance Report for the period of January 1, 2017,
through March 31,2017,on or before April 30,2017. The PARTNERSHIP shall submit its third
payment request for the period of April 1, 2017, through June 30, 2017, on or before July 31,
2017.The PARTNERSHIP shall submit its final payment request, Program Performance Report
and a year-end analysis and any other required reports on or before October 10, 2017. If the
PARTNERSHIP fails to comply with the requirements of this Article,the COUNTY may refuse
to honor or be held liable for payment of any late request(s)for payment.
ARTICLE V
MAINTENANCE OF RECORDS
The PARTNERSHIP shall maintain such financial records and accounts, including
invoices, purchase orders and backup materials or documents as are deemed necessary to assure
a proper accounting for all COUNTY funds for which the COUNTY is obligated to reimburse
the PARTNERSHIP under the terms of this Agreement. The aforesaid records and accounts shall
be made available for inspection purposes at reasonable times and upon reasonable notice during
normal business hours and as often as the COUNTY may deem necessary to verify
reimbursements and any other financial records or matters covered by this Agreement. The
PARTNERSHIP shall also:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records,provide the public agency with
a copy of the requested records or allow the records to be inspected or copied within a reasonable time at
a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the contract term
and following completion of the contract if the contractor does not transfer the records to the public
agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency to perform
the service. If the contractor transfers all public records to the public agency upon completion of the
contract, the contractor shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the contractor keeps and maintains public records
upon completion of the contract,the contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the public agency, upon request from the
public agency's custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
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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 TrailEast,Suite 102
Naples,FL 34112-5746
Telephone:(239)252-8383
ARTICLE VI
INDEMNIFICATION
The PARTNERSHIP shall indemnify,hold harmless and defend the COUNTY, its agents
and employees from and against any and all liabilities, losses, claims, damages, demands,
expenses or actions, either at law or in equity, including court costs and attorneys' fees, that may
hereafter at any time be made or brought by anyone on account of personal injury, property
damage, loss of monies, or other loss, allegedly caused or incurred, in whole or in part, as a
result of any negligent, wrongful or intentional act or omission, or based on any act of fraud or
defalcation by the PARTNERSHIP, its agents, subcontractors, assigns, heirs, and employees
during the performance under this Agreement. The extent of its indemnification shall be limited
by the insurance available to the PARTNERSHIP in accord with Article X of this Agreement. In
any and all claims against the COUNTY or any of its agents or employees by any employee of
the PARTNERSHIP, any subcontractor, heir, assign, anyone directly or indirectly employed by
any of them,or anyone for whose acts any of them may be liable, the indemnification obligation
under this paragraph shall be limited to the amount or type of damages, compensation or benefits
payable by or for all employees of the PARTNERSHIP or any subcontractor under workers'
compensation acts,disability benefit acts or other employee benefit acts.
ARTICLE VII
TERMINATION
This Agreement may be terminated for any reason by either party by giving a minimum
of one hundred twenty days (120)prior written notice of such intent,specifying the effective date
thereof to the other parties.
The aforesaid termination notices, as well as other notices required herein, shall be
considered received by the PARTNERSHIP and the COUNTY if sent by certified mail, return-
receipt requested, or by overnight personal delivery service requiring a signature for delivery,
and addressed as provided in Article XXVIII of this Agreement.
ARTICLE VIII
EQUAL OPPORTUNITY CLAUSE
The PARTNERSHIP agrees to abide by the provisions contained in Collier County CMA
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#5383,as amended,which is incorporated herein by reference in Exhibit"F."
ARTICLE IX
STATEMENT OF ASSURANCE
During the performance of this Agreement, the PARTNERSHIP assures the COUNTY
that the PARTNERSHIP is in compliance with Title VII of the 1964 Civil Rights Act, as
amended, the Florida Civil Rights Act of 1992, as amended, and the Collier County Human
Rights Ordinance (Ordinance No. 00-37), in that the PARTNERSHIP does not, on the grounds
of race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any
form or manner against the PARTNERSHIP's employees or applicants for employment. Further,
the PARTNERSHIP assures the COUNTY of the PARTNERSHIP's compliance with the
Americans with Disabilities Act of 1990, as amended, as applicable. The PARTNERSHIP
understands and agrees that this Agreement is conditioned upon the veracity of such statements
of assurance. Furthermore, the PARTNERSHIP assures the COUNTY that it will comply with
Title VII of the Civil Rights Act of 1964 when federal grant(s) are involved. Other applicable
Federal and State laws, Executive Orders, and regulations prohibiting discrimination as
hereinabove referenced are included by this reference thereto. This statement of assurance shall
be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective range
of applicability.
ARTICLE X
INSURANCE
The PARTNERSHIP shall provide and maintain the following insurance coverages in the
amounts specified throughout the period of this Agreement on behalf of the PARTNERSHIP and
the COUNTY, by naming the COUNTY as an additional insured under the policies of the
insurance it maintains; a copy of the declarations page thereof being attached as Exhibit E, as
follows: Commercial General Liability insurance,: within coverage limits of$500,000 general,
which shall apply to claims that may be asserted against the COUNTY by reason of the act or
activities of the PARTNERSHIP. The PARTNERSHIP shall maintain workers' compensation
coverage,as required by Florida law.
All insurance shall be from responsible companies duly authorized to do business in the
State of Florida. Every insurance policy must provide for up to thirty (30) days prior written
notice to the COUNTY for any cancellation, intent not to renew, or reduction in the policy
coverage. Coverage shall be documented by a Certificate of Insurance.
ARTICLE XI
CONFLICT OF INTEREST
The PARTNERSHIP represents that it presently has no interest,and shall acquire no such
interest financial or otherwise, direct or indirect, nor engage in any business transaction or
professional activity; or incur any obligation of any nature that would conflict in any manner
with the performance of service required hereunder.
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ARTICLE XII
DRUG FREE WORKPLACE
The PARTNERSHIP shall administer, in good faith, a policy designed to ensure that the
PARTNERSHIP's employees, agents and subcontractors are free from illegal use, possession or
distribution of drugs or alcohol.
ARTICLE XIII
GOVERNING LAW;VENUE
This Agreement shall be governed by the laws, rules and regulations of the State of
Florida. Venue shall be in Collier County, Florida.
ARTICLE XIV
COMPLIANCE
The PARTNERSHIP shall comply with the requirements of all federal, state, and local
laws,rules,codes, ordinances and regulations pertaining to this Agreement.
ARTICLE XV
ASSIGNMENT
Neither party may assign or transfer its rights or obligations under this Agreement
without the prior written consent of the other party.
ARTICLE XVI
HEADINGS
Article headings have been included in this Agreement solely for the purpose of
convenience and shall not reflect the interpretation of any of the terms of this Agreement.
ARTICLE XVII
WAIVER
A waiver of any performance or default by either party shall not be construed to be a
continuing waiver of other defaults or non-performance of the same provision or operate as a
waiver of any subsequent default or non-performance of any of the same terms, covenants, and
conditions of this Agreement. The payment or acceptance of funds for any period after a default
shall not be deemed a waiver of any right or acceptance of defective performance.
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
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applicable.
ARTICLE XIX
ORDER OF PRECEDENCE
If there is any conflict between the provisions of the Articles of this Agreement and the
exhibits hereto, the contents of the Articles of this Agreement shall control over the contents of
the exhibits.
ARTICLE XX
SEVERABILITY
In the event any section, sentence, clause, or provision of this Agreement is held to be
invalid or illegal, the remainder of the Agreement shall not be affected by such invalidity or
illegality and shall remain in full force and effect.
ARTICLE XXI
PROJECT PUBLICITY
Any news release or other type of publicity pertaining to the services performed by the
PARTNERSHIP pursuant to this Agreement must recognize the contribution of the BCC as a
funding source. The PARTNERSHIP being a not-for-profit corporation receiving public funding
or non-monetary contributions through the COUNTY shall recognize the COUNTY for its
contribution on all promotional materials and at any event or workshop for which the COUNTY
funds are allocated. In written materials,the reference to the COUNTY must appear in the same
size letters and font type as the name of any funding source.
In addition, any development project announcement, ceremonial business opening, or
publicity event resulting from the efforts of the PARTNERSHIP and,particularly those projects
induced with COUNTY funded financial incentives or contributions, will be planned in
cooperation with the COUNTY's Office of Business and Economic Development and
Communications Departments for purposes of coordinating the COUNTY's official COUNTY
protocol and public recognition. Prior notification to the two departments for such events will be
made no less than 15 working days whenever possible or practicable and potential prospects will
be made aware of the COUNTY's publicity protocol before the final inducement with any
incentive packages or contributions.
ARTICLE XXII
SURVIVABILITY
Any term, condition, covenant or obligation that requires performance by either party
subsequent to termination of this Agreement shall remain enforceable against such party
subsequent to such termination.
ARTICLE XXII
THIRD-PARTY BENEFICIARIES
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This Agreement is for the benefit of the COUNTY and the PARTNERSHIP. No third
party is an intended beneficiary so as to entitle that person to sue for an alleged breach of this
Agreement.
ARTICLE)(XIV
POLITICAL ACTION
The PARTNERSHIP shall not engage, participate or intervene in any form of political
campaign on behalf of, or in opposition to,any candidate for political office.
ARTICLE XXV
MERGER.,MODIFICATIONS
This writing embodies the entire agreement and understanding between the parties hereto
and there are no other agreements and/or understandings, oral or written, with respect to the
subject matter hereof, that are not merged herein and superseded hereby. This Agreement may
only be modified, amended, extended or cancelled, by written instrument executed by the
COUNTY and the PARTNERSHIP. Similarly, no contract that purports to affect the terms of
this Agreement shall be valid as it affects this Agreement, unless in writing and executed by the
COUNTY and the PARTNERSHIP.
ARTICLE XXVI
NOTICES
All notices required or permitted to be given by a party under this Agreement shall be in
writing and sent to the other party by certified mail, return receipt requested, or by overnight
personal delivery service requiring a signature for delivery,and shall be addressed as follows:
If to the COUNTY: If to the PARTNERSHIP:
Collier County The Partnership for Collier's Future Economy
Leo Ochs,County Manager,Collier County Michael Dalby,President and CEO
3299 Tamiami Trail East,Suite 201 2390 Tamiami Trail North,Suite 210
Naples,FL 34112 Naples.FL 34103
IN WITNESS WHEREOF, this Agreement was dated on the day and year first written
above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By: OULU �, 0.-C - By:k1/4112
y ,
(Mt ' a ERK Donna Fiala,Chairman
Attest as (s ai • s /I__��+
signatu ittl ,�= Item# (4? l2
Agenda q 3. 1 _
Date 1� 9 dk
Date ` 1 1(G
Rev'd --.-„�—
Deputy OWED
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ATTEST: THE PARTNERSHIP FOR COLLIER'S FUTURE
ECONOMY, INC.,
By:
y• "7
Mich el Dalby, President and O
Approved as to form and legality
Jenna er A. :elped • \\
Assistant County Att. ey 0„\\2
10
This Agreement is for the benefit of the COUNTY and the PARTNERSHIP. No third
party is an intended beneficiary so as to entitle that person to sue for an alleged breach of this
Agreement.
ARTICLE XXIV
POLITICAL ACTION
The PARTNERSHIP shall not engage, participate or intervene in any form of political
campaign on behalf of, or in opposition to, any candidate for political office.
ARTICLE XXV
MERGER; MODIFICATIONS
This writing embodies the entire agreement and understanding between the parties hereto
and there are no other agreements and/or understandings, oral or written, with respect to the
subject matter hereof, that are not merged herein and superseded hereby. This Agreement may
only be modified, amended, extended or cancelled, by written instrument executed by the
COUNTY and the PARTNERSHIP. Similarly, no contract that purports to affect the terms of
this Agreement shall be valid as it affects this Agreement, unless in writing and executed by the
COUNTY and the PARTNERSHIP.
ARTICLE XXVI
NOTICES
All notices required or permitted to be given by a party under this Agreement shall be in
writing and sent to the other party by certified mail, return receipt requested, or by overnight
personal delivery service requiring a signature for delivery, and shall be addressed as follows:
If to the COUNTY: If to the PARTNERSHIP:
Collier County The Partnership for Collier's Future Economy
Leo Ochs,County Manager,Collier County Michael Dalby,President and CEO
3299 Tamiami Trail East,Suite 201 2390 Tamiami Trail North,Suite 210
Naples,FL 34112 Naples.FL 34103
IN WITNESS WHEREOF, this Agreement was dated on the day and year first written
above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By: By:
, DEPUTY CLERK Donna Fiala, Chairman
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EXHIBIT A
SCOPE OF SERVICES
ORGANIZATION: The Partnership for Collier's Future Economy,Inc.
PROGRAM: Economic Development Services
Performance Criteria
PARTNERSHIP shall provide the supporting documentation identified on Exhibit C
to substantiate the following activities/accomplishments for reimbursement:
Deliverable 1: Maintaining a minimum PARTNERSHIP staff of 1 full time employee with up
to a 90 day grace period in the event of a separation occurrence.
Deliverable 2: Purchase and maintain data resources for usage on website, as well as for
business retention and attraction needs.
Deliverable 3: Create and maintain a website that is search-engine optimized and monitor
analytic reports on its usage.
Deliverable 4: Complete 40 retention visits with Collier County businesses. Retention visits are
in-person visits to existing businesses in Collier County which assess the needs of the business
and provides the business with information about resources available.
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EXHIBIT B
METHOD OF PAYMENT
AND
BUDGET DETAIL
ORGANIZATION: The Partnership for Collier's Future Economy, Inc.
PROGRAM: Economic Development Services
RELEASE OF FUNDS SHALL BE IN ACCORDANCE WITH THE APPROVED BUDGET
AND WILL BE MADE UPON RECEIPT OF THE COMPLETED REQUEST FOR PAYMENT
FORM. NO MODIFICATIONS WITHIN THE BUDGET CATEGORIES SHALL BE
FUNDED UNLESS PRIOR WRITTEN APPROVAL HAS BEEN GRANTED BY THE
COUNTY MANAGER, WHOSE APPROVAL SHALL BE CONSISTENT WITH THE
TERMS OF THE COUNTY/PARTNERSHIP BUDGET AND AGREEMENT, AND NOT
UNREASONABLY WITHHELD. THE COUNTY'S FISCAL YEAR COMMENCES ON
OCTOBER 1sT AND ENDS ON SEPTEMBER 30TH OF THE FOLLOWING CALENDAR
YEAR. INVOICES FOR SERVICES DELIVERED BETWEEN OCTOBER 1ST AND
SEPTEMBER 30TH MUST BE RECEIVED NO LATER THAN OCTOBER 10TH OF EACH
YEAR TO ALLOW CLOSEOUT OF THE COUNTY'S FISCAL YEAR. IN NO EVENT,
HOWEVER, SHALL PAYMENTS TO THE PARTNERSHIP UNDER THIS AGREEMENT
EXCEED$100,000.00 PER COUNTY FISCAL YEAR.
TOTAL(County Portion): $100,000.00(fiscal year)
The requests for payment shall include the report on progress on the deliverables identified in the
agreed Scope of Services.
BUDGET DETAIL FOR SERVICES
Budget Category Approved Budget
Deliverable 1: 1 full time employee salary $65,000.00
including benefits
Deliverable 2: Data Resources $15,000.00
Deliverable 3: Website(annual maintenance $15,000.00
of modules/functionality)
Deliverable 4: Complete 40 retention visits $5,000
Total $100,000.00
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EXHIBIT C
PROGRAM PERFORMANCE REPORT
ORGANIZATION: The Partnership for Collier's Future Economy, Inc.
PROGRAM: Economic Development Services
REPORT PERIOD THROUGH
ACCOMPLISHMENTS:
Report No. Deliverables
1. Submit on or before Deliverable 1: Maintain a minimum PARTNERSHIP staff of 1 full
January 31,2017,for the time employee as evidenced by submitting payroll reports,bank
period of October 1,2016, statements,payroll related canceled checks,and IRS form 941.
through December 31,
2016. Deliverable 2: Purchase and maintain data resources for usage on
website,as well as for business retention and attraction needs as
evidenced by submitting invoices.
Deliverable 3: Create and maintain a website that is search-engine
optimized and monitor analytic reports on its usage as evidenced by
submission of analytic reports.
Deliverable 4: Progress toward 40 retention visits with Collier
County businesses as evidenced by submitting a report listing
businesses visited and date visited.
2. Submit on or before April Deliverable 1: Maintain a minimum PARTNERSHIP staff of 1 full
30,2017,for the period of time employee as evidenced by submitting payroll reports, bank
January 1,2017,through statements,payroll related canceled checks,and IRS form 941.
March 30,2017.
Deliverable 2: Maintain data resources for usage on website,as well
as for business retention and attraction needs as evidenced by
submitting invoices.
Deliverable 3: Maintain a website that is search-engine optimized
and monitor analytic reports on its usage as evidenced by submission
of analytic reports.
Deliverable 4: Progress toward 40 retention visits with Collier
County businesses as evidenced by submitting a report listing
businesses visited and date visited.
3. Submit on or before July Deliverable 1: Maintain a minimum PARTNERSHIP staff of 1 full
31,2017,for the period of time employee as evidenced by submitting payroll reports,bank
April 1,2017,through June statements, payroll related canceled checks,and IRS form 941.
30,2017.
Deliverable 2; Maintain data resources for usage on website,as well
as for business retention and attraction needs as evidenced by
submitting invoices.
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Deliverable 3: Maintain a website that is search-engine optimized
and monitor analytic reports on its usage as evidenced by submission
of analytic reports.
Deliverable 4: Progress toward 40 retention visits with Collier
County businesses as evidenced by submitting a report listing
businesses visited and date visited.
4. Submit on or before Deliverable 1: Maintain a minimum PARTNERSHIP staff of 1 full
October 10,2017,for the time employee as evidenced by submitting payroll reports,bank
period of July 1,2017, statements,payroll related canceled checks,and IRS form 941.
through September 30,
2017. Deliverable 2: Maintain data resources for usage on website,as well
as for business retention and attraction needs as evidenced by
submitting invoices.
Deliverable 3: Maintain a website that is search-engine optimized
and monitor analytic reports on its usage as evidenced by submission
of analytic reports.
Deliverable 4: Progress toward 40 retention visits with Collier
County businesses as evidenced by submitting a report listing
businesses visited and date visited.
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EXHIBIT D
PAYMENT RECORD CHART FOR PARTNERSHIP AGREEMENT
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Salaries including benefits $65.000
Data Resources $15,000
Website $15,000
Retention Visits $5,000
Total S100,000 1
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EXHIBIT E
PARTNERSHIP GENERAL LIABILITY COVERAGE
DECLARATION SHEET
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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
Iayoff 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 PARTNERSHIP
The County's Office of Business and Economic Development and The Partnership agree
that all inquiries for business retention/expansion will be directed to the Partnership as the first
responder in those areas and that the Partnership will initiate calls in those areas as well. The
Partnership will also be the primary point of contact for Enterprise Florida and Florida Power and
Light.
Provide an Annual Accomplishment Report in compliance with Section 125.045(4) F.S.
to County on an annual basis within 30 days of the end of the term of this Agreement. A
presentation to the BCC may be required to present this report, as needed.
Develop a fundraising plan which contemplates achievement of private contribution
goals, and submit to the County within 90 days of execution of this Agreement.
Partnership Functions include,but are not limited to,the following:
I. Business Retention,Expansion and Outreach
1. Conduct expansion/outreach face to face visits.
2. Maintain accurate records in a customer relationship management system, including assists
and casework for existing industry outreach.
H. Business Attraction and Marketing
3. Maintain accurate records in a customer relationship management system, including assists
and casework for business attraction.
4. Respond to requests for information and proposals from site selection consultants,
Enterprise Florida, Florida Power and Light and any other inquiries involving new
business attraction or relocation.
5. Work with state, regional and local partners to market Collier County as a competitive
location for business. Attend a minimum of one (I) Southwest Florida Economic
Development Alliance outreach trip.
6. Provide an internet based marketing tool for identifying existing sites, buildings and market
ready facilities(office space and industrial locations) for prospects and planning purposes.
IIL Project Team Participation
7. Participate on project team for retention,expansion and attraction projects.
8. Completes delegated project tasks including, but not limited to, the scheduling of
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meetings, completion of documents, research and drafting correspondence.
9. Coordinate and schedule a monthly meeting with the County's Office of Business and
Economic Development for review of economic development activities and project
updates. Once quarterly invite the Southwest Florida Economic Development Alliance to
attend. Bi-annually invite the President and CEO and County Manager to attend.
10. Leverage and align, where applicable, PARTNERSHIPS's marketing plans with the
Southwest Florida Economic Development Alliance and Enterprise Florida's marketing plans
and initiatives to distinguish Collier County as a premier business location.
IV. Optimize the K-20 talent and training pipeline in Collier County
11. Work with FutureMakers and Future Ready Collier to improve the retention and
improvement of local talent. Participate in the management meetings, as well as the
Career and College Readiness work group.
12. Work with CareerSource SWFL to provide training and workforce solutions for existing
and new businesses in Collier County.
V. Implement Opportunity Naples' Strategic Plan
13. Hold four(4)Opportunity Naples Implementation Committee meetings annually.
14. Ensure that public and private leadership coalesces around the need for implementing a
comprehensive community and quality job development initiative.
15.Promote the Opportunity Naples strategy internally through speaking engagements, earned-
and placed-media and social media.
VI. Data Resource Management
16. Update key data points on a monthly, quarterly and annual basis, including workforce,
industry,unemployment, etc.
VII. Community/Organizational Partnerships and Governmental Navigation
17. Maintain existing partnerships and establish new partnerships with community and industry
organizations, as well as key governmental entities, including,but not limited to, Champions
for Learning, Growth Management Department, Florida Economic Development Council,
International Economic Development Council, Florida Chamber and the Collier County Soft-
landing Business Accelerator.
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