Agenda 04/28/2015 Item #16F3 4/28/2015 16.F.3.
EXECUTIVE SUMMARY
Recommendation to approve the First Amendment to the Grant Agreement with the State of
Florida Department of Economic Opportunity for funding assistance for the County's Soft
Landing Business Accelerator Project to update the schedule of project deliverables.
OBJECTIVE: To obtain Board approval of the First Amendment to the Grant Agreement with the
State of Florida Department of Economic Opportunity to facilitate schedule changes for completion of
deliverables for the County's Soft Landing Business Accelerator Project.
CONSIDERATIONS: On September 10, 2013, Agenda Item 11.C., the BCC approved the Office of
Business & Economic Development's FY14 Business Plan including a goal of developing a Business
Accelerator program. Policy direction from the November 26, 2013 and December 10, 2013 BCC
meetings culminated in the May 13, 2014 approval of the Collier County Innovation Accelerator
Business Plan including authorizing its implementation. A critical component of the accelerator
development process was obtaining a $2,500,000 State of Florida Collier County Soft Landing
Accelerator Grant(Grant)to develop a soft landing accelerator network focused on entrepreneurship and
growing companies that create jobs. The Agreement with the State of Florida was approved by the BCC
on November 18, 2014, Agenda item 11B.
Staff in consultation with Department of Economic Opportunity proposes revisions to the Project
schedule which have adjustments to reflect the circumstances and occurrences since initial formulation of
the Agreement. This Amendment makes minor modifications to certain deliverables and extends the due
dates of other deliverables within the term of the Agreement. Specific long-term performance criteria
remain unchanged and include a) creation of 208 Job Year Equivalents; or b) demonstration of
$12,500,000 of cumulative private sector capital expenditures or venture investment over the five year
period of the Grant Agreement. DEO staff finds the agreement modification acceptable and will route it
for final signature upon receipt of a DEO Agreement Amendment executed by the County.
Separately, as previously indicated to this Board in the First Amendment to the EII Agreement approved
March 10, 2015, the original DEO Grant Agreement approval process was protracted as result of
implementation of new state grant policy requirements, and updated construction completion estimates
for the Eastern Commercial Culinary Kitchen in lmmokalee. This delay prompted the County to propose
both these adjustments to the DEO Project schedules and also to seek an extension of the legislative
funding appropriations into the State Fiscal Year 2016. In addition, while the Project has had
encouraging results to date, the phased transition to permanent Western Accelerator space and the
extended completion schedule for the Commercial Culinary Kitchen have necessitated that Collier seek to
extend allowable expenditures of state funds into the next fiscal year. Neither modification will change
the overall funding available from the State, but will extend the time to expend project funding and helps
insure the long term sustainability of the Project.
,FISCAL IMPACT:, The Collier County Soft Landing Accelerator Program is a multi-year commitment
supported by grant monies, county and private contributions and program revenue. The current Collier
County Soft Landing Accelerator Program budget totals $2,790,929 and is funded through a$2,500,000
State Accelerator Grant and a$291,000 County contribution. The Accelerator project budget is provided
in County Manager Grant Funds 713/714 and Economic Development Fund(007)under project 33388.
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GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic
Element of the Collier County Growth Management Plan which states: "Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base."
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. -JAB
RECOMMENDATION: That the Board of County Commissioners approves the First Amendment to
the Grant Agreement with the State of Florida Department of Economic Opportunity for funding
assistance for the County's Soft Landing Business Accelerator Project and authorize the Chairman to
sign the County Attorney approved agreement.
Prepared by:
Bruce Register,Director, Office of Business and Economic Development
Attachments: 1)First Amendment Grant Agreement 2)Initial Amendment Request 2/25/2015 3)Original
DEO Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.3.
Item Summary: Recommendation to approve the First Amendment to the Grant
Agreement with the State of Florida Department of Economic Opportunity for funding
assistance for the County's Soft Landing Business Accelerator Project.
Meeting Date: 4/28/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
4/22/2015 11:05:04 AM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
4/22/2015 11:05:05 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/22/2015 11:09:23 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 4/22/2015 11:58:32 AM
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AGREEMENT#SLOO7
AMENDMENT NUMBER ONE
TO GRANT AGREEMENT
BETWEEN
THE DEPARTMENT OF ECONOMIC OPPORTUNITY
AND
COLLIER COUNTY
On November 24, 2014,the State of Florida, Department of Economic Opportunity ("DEO"), and Collier
County ("Grantee"), entered into a Grant Agreement for two million five hundred thousand dollars
($2,500,000.00). The State funds provided under the Agreement will be used in Fiscal Year ("FY")
2014/2015 in consideration for Grantee's provision of services as set forth by the terms and conditions
of the Agreement.
WHEREAS, Section ILA of the Agreement provides that any amendment to the Agreement shall be in
writing and executed by the Parties thereto;and
WHEREAS, Grantee is unable to meet the original deliverable deadlines due to circumstances beyond its
control with respect to the facilities leasing processes and the securing of qualified employees;and
WHEREAS,Grantee submitted an amendment request in writing to DEO on February 25,2015;and
WHEREAS,the Parties wish to amend the Agreement as set forth herein;
NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein,the receipt
and sufficiency of which are hereby acknowledged, the Parties agree to amend the Agreement as
follows:
1. Attachment 1 to the Agreement,"Scope of Work," is hereby deleted and replaced with the attached
Attachment 1, "Scope of Work."
2. All other terms and conditions remain in effect.
3. Section I.F.1, within the "Governing Laws" section of the Agreement, is hereby incorporated by
reference as if fully restated herein.
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IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and
provisions of Agreement SL007, as amended. The Effective Date of this Amendment is February 25,
2015.
COLLIER COUNTY DEPARTMENT OF ECONOMIC OPPORTUNITY
By By
Signature Signature
Tim Nance Cissy Proctor
Title Chairman,Board of County Title Chief of Staff
Commissioners
Date Date
Approved as to form and legal sufficiency,subject
only to full and proper execution by theParties.
OFFICE OF GENERAL COUNSEL
DEPARTMENT OF ECONOMIC OPPORTUNITY
By:
Approved Date:
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Attachment 1
SCOPE OF WORK
Collier County Soft Landing Accelerator
1. Project Description: This project is for the establishment of a soft-landing Accelerator Network
(initially consisting of two Collier County accelerators,one of which is located in Western Collier
County that will provide expertise to assist burgeoning international and domestic businesses
with budgeting, business plan development, formulation of marketing plans and strategies,
venture funding, and distribution logistics; and the other an agribusiness-focused culinary food
accelerator located in Eastern Collier County equipped with commercial kitchen equipment,
food product development and testing equipment, cold food storage, and loading docks,
meeting all FDA, USDA and state applicable requirements). The Accelerator Network will also
provide accelerator services to any facility in the Southwest Florida Regional Five County
(Collier, Lee, Charlotte, Glades, Hendry) area, where a contract or memorandum of
understanding (MOU) for incubator/accelerator services has been executed, constituting
Network Managed Activity. The purpose of this project is to: recruit companies into Florida that
create high value employment opportunities; attract foreign direct investment; improve export
opportunities for Florida companies; and build new futures for citizens who desire to stay in the
region and build their own businesses. In order to establish these two accelerators, the State
appropriation will be used for specialized start-up staffing, and for the leasing and
improvements of the two facilities that will house the accelerators. The leased space for the
soft-landing accelerator for foreign business start-up is anticipated to be up to 9,100 square feet
and requires the purchase and installation of enterprise software, hardware, licenses, IT
networking equipment, global conferencing equipment and furnishings. The leased space for
the culinary food accelerator is anticipated to be approximately 5,000-6,000 square feet, and
requires remodeling, commercial equipment, cold food storage, fire safety, air filtration, air
conditioning, code approval and furnishings. Collier County Soft Landing Accelerator funding
provided by the State of Florida, Department of Economic Opportunity ("DEO"), will be utilized
for operating salaries, payroll taxes, benefits, and other payroll-related costs, facility leases,
insurance, maintenance and repair, utilities, computers, servers, other computer and
telecommunication equipment, printers, copiers, scanners, software, conference equipment,
IT/Web/Communication costs and services, travel, conferences, dues, subscriptions, staff
development (not certifications), bank charges, background checks, drug screening, safety
inspections, operating licenses and permits, office supplies, shipping, printing, publishing,
professional fees and expenses (legal, accounting, auditing, mentoring, and marketing),
planning, design, engineering, multi-functional office furniture and fixtures, modular work and
quiet areas,food product development and testing equipment, culinary and related equipment,
fixtures, systems and installation, other equipment as needed and leasehold improvements,
other reasonable operating costs required for program implementation and operations. Collier
County intends for this project to create a financially self-sustaining program.
This project is funded through:
Line Item#2256A Collier County Soft Landing Accelerator $2,500,000
SEED
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2. Grantee Responsibilities: Grantee will ensure the lease of two facilities where the accelerators
will be located. Grantee will send updated status reports with payment requests based on
documentation supporting the need for an advance and subsequently documented soft and
hard openings of the two facilities (including payroll, leasing, purchasing engineering services,
permits and construction) that has occurred between July 1, 2014 and September 30, 2015, as
further described herein.
Grantee will:
a. Be the Fiscal Agent for this Project but intends to subcontract with Economic Incubators,
Inc., to serve as the Project's Administrative Entity. Grantee represents that its
contractor has or will be selected in accordance with Florida law. Grantee further
represents that the services of its contractor are essential to the project, and are only
available if advance payment is made to the contractor. DEO does not prohibit
advancement of funds by Grantee to Grantee's contractor under those conditions.
1. Costs not allowed under this Agreement include, but are not limited to, any
administrative fee for Economic Incubators, Inc.
2. Grantee may temporarily invest advanced funds, but any interest income
earned on such funds shall either be returned to DEO or applied against DEO's
obligation to pay under this Agreement.
b. Implement all construction plans described in this agreement and provide
documentation specifying the remodeling/retrofitting,permitting and fees required for
each location selected,and a list of the necessary IT,office/culinary equipment and
furniture for each location, as detailed in each Deliverable in Section 4. Grantee must
submit a cost analysis and supporting documentation evidencing to DEO's satisfaction
that any proposed leasehold improvements are allowable, reasonable,and necessary,
prior to beginning work on such leasehold improvements or requesting any payment for
such leasehold improvements.
c. Recruit, hire,and maintain staff for functions aligned with Accelerator position
descriptions,which identify the unique characteristic and requirements of staff
positions, as detailed in each Deliverable in Section 4.Anticipated staff include an
Executive Director who will oversee both locations,a Regional Global Soft-Landing
Specialist,who will serve both locations,a Web Developer/Social Media Marketing,who
will serve both locations,a Director for Immokalee & Facility Compliance,a
Maintenance& Equipment Specialist,a Naples Administrative Manager,and interns.
d. Ensure an effective advertising campaign,which relies on search engine optimization,
internet search analytics, print,and public relations components.
e. Provide invoice packages that include a cover letter signed by Bruce Register, Grantee
Representative,certifying that the costs being claimed for the project:
i. Are specifically for this project.
ii. Are for one or more of the Deliverables detailed in the Section 4 Deliverables.
in addition, the final invoice package shall include documentation that the costs claimed
were incurred and paid between July 1, 2014 and June 30, 2015, or were partially
incurred from July 1, 2015 to September 30,2015, that progress had begun on such costs
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by June 30, 2015, and identify any funds the Grantee has which are unencumbered or
unobligated and need to be returned to the state. Documentation of payment shall
include:
1. Copies of the cancelled checks specific to the project, or copies of checks and
the corresponding bank statements;
2. The projected vs.actual budget spreadsheet;
3. Before and after photographs of the work site; and
4. A final itemized invoice for any costs still outstanding that are above the amount
of funds already provided to the Grantee.
f. The Grantee will submit quarterly and annual reports for each of the five (5) years
following the execution of the Agreement, in determination of progress toward
deliverables regarding compliance with the terms of this Agreement. Such reports will
provide updates on:
i. The number and types of companies recruited to Florida that have created high
value employment opportunities;
ii. The amount of foreign direct investment generated by the project;
iii. The amount and types of export opportunities realized by Florida Companies;
iv. The number of entrepreneurs that stay in the region and build their own
businesses as a direct result of accelerator activities;and
v. Progress made towards completion of the return of benefits described in Exhibit
A to this Scope of Work.
g. If Grantee has not provided at least $241,000 in cash match toward this project by
January 31, 2017, in fulfillment of the match requirement for FY 2014/2015, Grantee
shall return to the State of Florida an amount equal to the deficient cash match amount
(e.g., Grantee cash match as of June 30, 2017 equals $41,000: $241,000 - $41,000 =
$200,000. Therefore, Grantee would owe the State of Florida a refund of $200,000).
Any such refund due to the State of Florida shall be submitted on or before August 31,
2018.
h. The Grantee understands and agrees that it will be required to return to the State of
Florida all funds received pursuant to this Agreement, less any financial consequences
imposed, if the project does not result in a positive return of benefits to the people of
Florida (See Exhibit A to this Scope of Work). Criteria for determining a Positive Return
of Benefits on State Funds are:
i. Creation of 208 "Job Year Equivalents" as measured by one year of full time
employment for one job, eligibility defined as accelerator staff, accelerator
tenant employees or documented graduates of the Accelerator Network,
employment in Florida. See attached Exhibit B—Positive Return of Benefits on
State Funds, which constitutes an IMPLAN projection of taxes for five years.
Certification in the form of a written representation and warranty,signed by an
officer of the Collier County Soft Landing Accelerator and Accelerator Affiliated
Entity (which is a tenant or graduate or spinoff of the Accelerator Network or
any Network Managed Activity*), which identifies the number of jobs and
corresponding "Job Year Equivalents" represented on any of the following:
Florida UCT 6 Form, IRS Form 1099, IRS Schedule K-1 (Form 1120S or Form
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1065). The certification may also identify Florida-based jobs arising from joint
venture partners or participants of the Accelerator Affiliated Entity;OR
ii. Demonstration of$12,500,000 of cumulative private sector capital expenditures
or venture investment resulting from an Accelerator Affiliated Entity. A
purchase qualifies as a capital expenditure if it has all of the following: a) the
Accelerator Affiliate Entity owns or controls the asset which has a measurable
future economic value; b) has an estimated useful life of greater than a
minimum of 12 months; c) the item is not used for the resale directly to
Accelerator Affiliated Entity's customers; and d) the item is not purchased for
inventory to be used in production of the Accelerator Affiliated Entity's
products. A capital expenditure is considered an asset of the Accelerator
Affiliated Entity and it is, therefore, capitalized in the financial records. The
following may be submitted as documentation to support capital expenditures:
Internal Revenue Service (IRS) Form 4562; and/or Certification in the form of a
written representation and warranty, signed by an officer of the Accelerator
Affiliated Entity, identifying and verifying the capitalized expenditures showing
up on their balance sheet.
*Network Managed Activity means that the Accelerator Network will also provide accelerator
services to any facility in the SWFL Regional Five County (Collier, Lee, Charlotte, Glades, Hendry)
area, where a contract or memorandum of understanding (MOU) for incubator/accelerator
services has been executed,constituting Network Managed Activity.
3. DEO's Responsibilities:
a) Monitor the ongoing activities of the Collier County Soft Landing Accelerator Program
via phone calls, desk reviews of the documentation submitted for payment requests,
and site visits as needed.
b) Perform contract management responsibilities pursuant to the Agreement.
c) Review the Grantee's invoices described herein,and process them on a timely basis.
d) Maintain paper or electronic copies of all documents submitted pursuant to Sections 4
and 5 to the extent required by law.
e) Reply to reasonable inquiries from the County.
f) Following the initial advance payment of $495,000.00 for operations and facilities
retrofitting and commencement, DEO will only submit the fixed-price payment requests
upon satisfactory documentation of completion of the deliverables for each time period
described below in#4.
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4. Deliverables: Grantee agrees to provide the following services:
Advance Payment Request(see Exhibit 3 to the Scope of Work): Due Date within 24 hours of Execution of
the Agreement.
I Minimum Performance Standards
Advance Payment Request: in addition to the Minimum Level of Financial Consequences
Request for advance payment to Performance outlined in 5.A., Grantee
begin implementation of the work will submit the below documentation
plan. Anticipated first 90 days cash as confirmation that Deliverable 1 is
requirements:$495,000.00 in start- complete within 24 hours following
up expenditures. Advance is for DEO's execution of the Agreement.
implementation of the Business At a minimum the following must be
Plan for Collier County Innovation completed and backup documentation
Accelerators,as approved by the submitted in order to evidence
Collier County Board of County satisfaction of the deliverable.
Commissioners on May 13,2014.
Work Plan: Begin site selection Submittal of invoice for Advance In addition to Grantee
process for West and East Funding to begin implementation of returning any unobligated
Accelerator space.Review Work Plan,detailed in the adjacent funds from the advance with
opportunities that will enhance column. the final invoice,failure to
program success. Negotiation of meet specified time criteria
leases, remodeling plan approval results in a fifty dollar($50.00)
and review of necessary state and per day financial consequence
local approvals and permits. to Grantee.
Creation of Accelerator position
descriptions which identify the
unique characteristics and
requirements of staff positions.
The consultant for the initial pilot
will create participation documents
and meet with potential clients to
present the Application for
Accelerator Participation,the
standards for participation in the
Accelerator,the Accelerator
Participation Agreement,which
memorializes relationships in a
contractual relationship. An
application review and approval
committee will be established. The
consultant will perform web
development,and initiate marketing
and fund-raising.Grantee will
negotiate and contract with an
Administrative Entity;
Administrative Entity will begin
procurement process for
operations.
Total $495,000
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Deliverables 1—7: Due Date as of March 31,2015
Deliverables Minimum Performance Standards Financial Consequences
1. Site selection for West and 1. Eastern&Western Collier Failure to complete and submit
East CollierCounty County Accelerator site plans. all Deliverables by March 31,as
Accelerator space, review evidenced by the absence of
and approval. any of the Minimum
Performance Standard
2. Enter into lease agreement 2. Executed Western Collier documentation shown for
for Western Collier County County Accelerator Lease Deliverables 1—7,will result in
Accelerator. Agreement. a fifty dollar($50.00) per day
financial consequence,which
3. Eastern Collier County 3. Contract or purchase order for shall be deducted from the
Accelerator(Immokalee) design services:furnishings, Fixed Price payment for
procurement of equipment,leasehold Deliverable 2.
design contractor: improvements,and design
furnishings,equipment,and plan.
leasehold improvements.
Grantee must submit a cost
analysis and supporting
documentation evidencing
to DECYs satisfaction that
any proposed leasehold
improvements are
allowable, reasonable,and
necessary, prior to
beginning work on such
leasehold improvements or
requesting payment for this
Deliverable 2.
4. Western Collier County 4. Public notices, press releases,
Accelerator (Naples) and documentation of
pilot. leasehold interest.
5. Western Collier County 5. Successful Recruitment of
Accelerator staff Administration Entity and
acquisition of Director, hiring of Director and
Administrative Assistant, Administrative Assistant(2
and intern (2 FTE and 1 FTE FTEs; plus 1 FTE Intern), as
Intern). indicated by accepted letter of
offer from supervisor.
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6. Western Collier County 6.Statements,participant Use
Accelerator pilot launch and Agreements, public notices
Accelerator services and press release
operational. documenting the soft-opening
at transitional site of the
Western Collier County
Accelerator.Statements,
orders or invoices
documenting procurement for
Accelerator services.
7. Review and selection of 7. Approved Administrative
Administrative Entity and Entity Agreement.
approval of contract.
Total $245,000
Deliverable 8—12: Due Date as of June 30,2015
Deliverables Minimum Performance Standards Financial Consequences
8. Commence Western Collier 8. Notice to proceed or construction Failure to complete and submit
County Accelerator permits or architectural drawings all Deliverables by June 30,
Construction and Western of improvements. Contract or 2015,as evidenced by the
Collier County purchase order for furnishings absence of any of the Minimum
Accelerator and equipment for Western Performance Standard
procurement of Collier County Accelerators. documentation shown for
furnishings and equipment. Deliverables 8—12,will result in
a fifty dollar($50.00)per day
Grantee must submit a cost financial consequence,which
analysis and supporting shall be deducted from the
documentation evidencing Fixed Price payment for
to DEO's satisfaction that Deliverable 3.
any proposed leasehold
improvements are
allowable,reasonable, and
necessary, prior to
beginning work on such
leasehold improvements or
requesting any payment for
this Deliverable 3.
9. Completion of Permit Ready 9. Statement or invoice for
Construction Drawings for Permit Ready Construction
Eastern Collier County Drawings for Eastern Collier
Accelerator. County Accelerator and
copies or electronic files of
those documents.
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10. Proceed with Eastern 10. Documentaion of job
Collier County full-time advertisement or of letter of
equivalent recruitment offer from supervisor.
process for a Director of
Facilities&Compliance,a
Maintenance Specialist, and
an Intern.
11. Hire Web Design Developer 11. Hiring of Web Design
&Social Media Marketing Developer&Social Media
and 1.5 FTE Interns(2.5 Marketer and Interns
FTE). evidenced by accepted letter
of offer from supervisor.(2.5
FTE)
12. Hire Regional Global Soft 12. Hiring of Regional Global
Landing Specialist(1 FTE)or Soft Landing Specialist,
contractors equivalent to a evidenced by accepted letter
FTE. of offer from supervisor or
contractor's equivalent to the
FTE evidenced by a contract.
(1 FTE or contractor)
Total $500,000
Deliverables 13—14: Due Date as of August 15,2015
Deliverables Minimum Performance Standards and Financial Consequences
Due Date.
13. Eastern Collier County 13. Public notices and press Failure to complete and
Accelerator Ground release documenting the Ground submit all Deliverables by
Breaking. Fulfillment of Breaking of the Eastern Collier August 15,2015,as
procurement of furnishings County Accelerator. Contractor evidenced by the absence
and equipment. Enter into Purchase Order for furnishings of any of the Minimum
lease agreement for and equipment. Eastern Collier Performance Standard
Eastern Collier County County Accelerator lease documentation shown for
Accelerator. agreement. Deliverables 13—14,will
result in a fifty dollar
14. Obtain Building Permit and 14. Building Permit and ($50.00) per day financial
construction contract(s)for construction contract for Eastern consequence,which shall
Ea stern Collier County Collier County Accelerator. be deducted from the Fixed
Accelerator Price payment for
Deliverable 4.•
I
Total $660,000
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Deliverables 15—19: Due Date no later than September 30,2015 with all invoices submitted no later than
September,15,2015.
Deliverables Minimum Performance Standards Financial Consequences
15. Site Preparation 15. Certificate of occupancy, Subject to the discretion of
Construction and Grand- public notices and press release DEO,in the event
Opening of Eastern Collier documenting the Grand Opening consideration of Grantee's
County Accelerator. of the Eastern Collier County explanation for any failure
(Immokalee)Accelerator. to meet specified time
criteria be unaccepted,the
failure shall result in a
$5,000 financial
consequence per
Deliverable.
16. Western Collier County 16. Public notices,marketing,and
Accelerator Grand Opening press release materials documenting
and complete leasehold the Grand Opening of the Western
improvements. Collier County Accelerator and
contract or purchase order leasehold
improvements.
17. Complete recruitment of 1 17. Recruitment of 1 FTE Eastern
FTE Eastern Collier County Collier County Accelerator Intern
Accelerator Intern. as evidenced by an accepted
letter of offer from supervisor.
18. Complete recruitment of 18.Hiring of Eastern Collier
the Eastern Collier County County Accelerator Director of
Accelerator Director of Facilities&Compliance as
Facilities&Compliance.(1 evidenced by letter of offer from
FTE) supervisor. (1 FTE)
19. Complete recruitment of 19. Hiring of Eastern Collier
the Eastern Collier County County Accelerator Maintenance
Accelerator Maintenance Specialist as evidenced by
Specialist. (1 FTE) accepted letter of offer from
supervisor or supervisor and
employee signed time sheets for
all personnel.(1 FTE)
Total $600,000
5. invoice Submittal and Payment Schedule:
All invoices shall denote the Deliverables being claimed and the relevant time period for those
Deliverables. The invoice for the Advance shall include a summary of what the Advance Funding
is being requested for, and the invoices for the remainder for the Deliverables shall include a
summary of the accomplishments for the Deliverables claimed on that invoice, for the relevant
time period. However,the final invoice for payment must be received by DEO by September 15,
2015.
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The following documents shall be submitted with the invoice:
A. Advance Payment: Minimum Level of Performance
i. A cover letter signed by Collier County Project Representative Bruce Register certifying
that the Advance Funding is specifically to implement the Collier County Accelerator Business
Plan (as explained in the Work Plan Deliverable under Section 4.of this Agreement) that was
approved by the Collier County Commission on May 13,2014;and
ii. A projected budget spreadsheet.
B. Deliverables 1-7: Minimum Level of Performance (in addition to the documents submitted
with the itemized invoice):
i. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the deliverables being claimed in the invoice package are
specifically for the project represented to the state in the budget appropriation, including a
certified statement for the project that all Deliverables being claimed for the relevant time
period were completed as specified in the Minimum Performance Standards column of
Deliverables 1-7 under Section 4. of this Agreement;and
ii. Before and after photographs of the work sites.
C. Deliverables 8-12: Minimum Level of Performance (in addition to the documents submitted
with the itemized invoice):
i. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the deliverables being claimed in the invoice package are
specifically for the project represented to the state in the budget appropriation, including a
certified statement for the project that all Deliverables being claimed for the relevant time
period were completed as specified in the Minimum Performance Standards column of
Deliverables 8-12 under Section 4.of this Agreement;and
ii. Before and after photographs of the work sites.
D. Deliverables 13 - 14: Minimum Level of Performance (in addition to the documents
submitted with the itemized invoice):
i. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the deliverables being claimed in the invoice package are
specifically for the project represented to the state in the budget appropriation, including a
certified statement for the project that all Deliverables being claimed for the relevant time
period were completed as specified in the Minimum Performance Standards column of
Deliverables 13-14 under Section 4.of this Agreement;and
ii. Before and after photographs of the work sites.
E. Deliverables 15 - 19: Minimum Level of Performance (in addition to the documents
submitted with the itemized invoice):
i. A cover letter signed by Collier County Representative Bruce Register certifying that the
deliverables being claimed in the invoice package are specifically for the project represented
to the state in the budget appropriation, including a certified statement for the project that
Deliverables 15 — 19 were completed as specified in the Minimum Performance Standards
column of the relevant time frame under Section 4.of this Agreement;
ii. The projected budget vs. actual budget spreadsheet;
iii. Before and after photographs of the work sites;
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iv. Copies of the cancelled checks specific to the project or copies of checks and the
corresponding bank statements;
v. A final itemized invoice for any costs still outstanding that are above the amount of
funds already provided to the Grantee;and
vi. A spreadsheet that clearly shows the names of all personnel that were paid by this
project, the amount of hours each person claimed against this project and the total amount
they were paid for work on this project. This spreadsheet shall be supported by signed and
approved time sheets for all hours claimed against this project, whether an FTE or a
contractor. In order for costs to be allowable, DEO must be able to time the names of all
personnel back to an accepted letter of offer or a contract,whichever is applicable.
The State may require any other information from Grantee that the State deems necessary to
verify that the services have been rendered under the Agreement.
All documentation necessary to support requests must be submitted with Grantee's
invoice for DEO's review.
6. Final Reconciliation:
DEO agrees to disburse funds under this Agreement in accordance with the above.The amounts
specified do not establish the value of the particular deliverables. In accordance with Section
I.F.11,Funding Requirements of section 215.971,F.S.,of this Agreement, Grantee's entitlement
to retain funds paid by DEO is dependent upon the amount of allowable costs incurred and
expended by Grantee in carrying out the Project.
7. Financial Consequences for Failure to Timely and Satisfactorily Perform:
Failure to complete all deliverables in accordance with the requirements of this Agreement,and
in particular, as specified above in Section 4, Deliverables, will result in assessment by DEO of
the specified financial consequences. If the Parties agree to a corrective action plan, the plan
shall specify the applicable financial consequences to be applied after the effective date of the
corrective action plan.
This provision for financial consequences shall in no manner affect DEO's right to terminate the
Agreement as provided elsewhere in DEO's Core Agreement.
8. Notification of Instances of Fraud:
Instances of Grantee operational fraud or criminal activities shall be reported to DEO's
Agreement Manager within twenty-four(24)chronological hours.
9. Grantee's Responsibilities upon Termination:
If DEO issues a Notice of Termination to Grantee, except as otherwise specified by DEO in that
notice,the Grantee shall:
a. Stop work under this Agreement on the date and to the extent specified in the notice.
b. Complete performance of such part of the work as shall not have been terminated by DEO.
c. Take such action as may be necessary, or as DEO may specify,to protect and preserve any
property which is in the possession of Grantee and in which DEO has or may acquire an
interest.
d. Upon the effective date of termination of this Agreement,Grantee shall transfer,assign,and
make available to the DEO all property and materials belonging to DEO. No extra
compensation will be paid to Grantee for its services in connection with such transfer or
assignment.
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10. Non-Discrimination: Grantee shall not discriminate unlawfully against any individual employed
in the performance of this Agreement because of race, religion, color, sex, physical handicap
unrelated to such person's ability to engage in this work, national origin, ancestry, or age.
Grantee shall provide a harassment-free workplace, with any allegation of harassment to be
given priority attention and action.
11. Equipment Disposition:
a. Pursuant to Section I.Q.7 of this Agreement ("Nonexpendable Property"), upon
termination of the Agreement period, Grantee is authorized to retain ownership of any
nonexpendable property purchased under this Agreement; however, Grantee hereby grants to
DEO a right of first refusal in all such property, and prior to disposition of any such property
during its depreciable life, in accordance with the depreciation schedule in use by Grantee,
Grantee shall provide written notice of any such planned disposition and await DEO's response
prior to disposing of the property. "Disposition" as used herein, shall include, but is not limited
to, Grantee no longer using the nonexpendable property for the uses defined herein, the sale,
exchange, transfer, trade-in, or disposal of any such nonexpendable property, or closure of
Grantee's operations. DEO, in its sole discretion, may require Grantee to refund to DEO the fair
market value of the nonexpendable property, taking into consideration the fair value
depreciation of the property, rather than taking possession of the nonexpendable property.
b. To the extent that any improvements are made to leased real property, in whole or in
part, from funding provided under this Agreement, the said real property must be used for the
purposes provided in this Agreement for at least 5 years from June 30, 2015. If within five (5)
years of June 30, 2015 Grantee will no longer use the said real property for the purposes
provided in this Agreement, Grantee shall notify DEO in writing of the circumstances that will
result in the non-authorized use upon learning of it, but no later than thirty (30) days prior to
the non-authorized use occurring. in such event, DEO shall have the right, within its sole
discretion, to demand reimbursement of part or all of the funding provided to Grantee under
this Agreement for such improvements to real property.
-End of Attachment I (Scope of Work)
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From: ReaisterBruce
To: $tanlevTherese
Subject: FW:SLOO7 Request for Modification Collier County Accelerator
Date: Thursday,February 26,2015 11:44:58 AM
Bruce C. Register, MPA, CEcD
Director, Collier County
Business & Economic Development Dept.
2660 N. Horseshoe Dr.,Suite 105
Naples, Florida 34104
Telephone (239) 252-8358
Fax (239) 252-6550
BruceRegister(WCollierGov.net
From: RegisterBruce
Sent: Wednesday, February 25, 2015 11:42 AM
To: 'Walker, Elizabeth'
Subject: SLOO7 Request for Modification Collier County Accelerator
Beth, please consider the following request to extend Deliverable#2 as provided in the DEO/Collier
County Agreement SLOO7 for a 30 day period revising the due date to March 31, 2015. The
following review of progress toward those anticipated tasks comprising Deliverable#2 are provided
below along with explanations of challenges precipitating this extension request. After reviewing
the implications of these circumstances we are not requesting changes to the subsequent
Deliverable#3.
Deliverable#2,Task#1: The eastern accelerator site plan has been developed. The western
accelerator lease has just recently been fully negotiated but will not be executed by Feb. 28th, due
to the time required to schedule this item for consideration at a Board of County Commissioners
meeting agenda which meets next on March 10, 2015.
Deliverable#2,Task#2: Procurement process for furniture, equipment and leasehold
improvements for the western accelerator has been completed, but final purchase order contracts
are being withheld by our Administrative Entity (Ell) as a matter of procedure, to avoid exposure
until the leasehold interest for the space to install the furniture and equipment is executed and legal
control is secured.
Deliverable#2,Task#3: Full compliance of contract for design services on eastern accelerator.
Deliverable#2,Task#4: Full compliance,the commencement of the western accelerator pilot on
August 18th, 2014 was publicly noticed in a Board of County Commission regular meeting agenda
announcing the pilot's launch and approving a temporary lease for that privately owned facility.
Deliverable#2,Task#5: An administrative entity(Economic Incubators Inc.) has been recruited, a
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accelerator project director has been hired and an administrative assistant hiring process was
executed but the only qualified candidate declined the official employment offer, necessitating a
broader recruitment geographic area in the extension of this position's hire. The hiring of an intern
is expected by Feb. 28th
Deliverable#2,Task#6: Full compliance,the accelerator services for the western accelerator pilot
were commenced on Aug. 18th, 2014 by County staff,volunteers from the Naples chapter of SCORE,
and Florida Gulf Coast's Small Business Development Center staff. By the end of December 2014,
the pilot (with limited capacity) consisted of four companies representing 6.5 FTE private sector
employees that were receiving accelerator technical services.
Deliverable#2,Task#7: Full compliance,the administrative entity agreement with (Ell) was
executed on November 18, 2014.
Please let me know if you have any additional questions regarding this request.
BCR
Bruce C. Register, MPA, CEcD
Director, Collier County
Business & Economic Development Dept.
2660 N. Horseshoe Dr.,Suite 105
Naples, Florida 34104
Telephone (239) 252-8358
Fax (239) 252-6550
BruceRegisterCollierGov.net
Under Florida Law, e-mail addresses are public records. It you do not want your e-mail address released in response to a public
ecords request, do not send electronic mail to this entity. Instead.contact this oaf ice by telephone or in writing.
•
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AGREEMENT#t S1007
AMENDMENT NUMBER ONE
TO GRANT AGREEMENT
BETWEEN
THE DEPARTMENT OF ECONOMIC OPPORTUNITY
AND
COLLIER COUNTY
On November 24, 2014, the State of Florida, Department of Economic Opportunity("DEO"), and Collier
County ("Grantee"), entered into a Grant Agreement for two million five hundred thousand dollars
($2,500,000.00). The State funds provided under the Agreement will be used in Fiscal Year ("FY")
2014/2015 in consideration for Grantee's provision of services as set forth by the terms and conditions
of the Agreement.
WHEREAS, Section II.A of the Agreement provides that any amendment to the Agreement shall be in
writing and executed by the Parties thereto;and
WHEREAS,Grantee is unable to meet the original deliverable deadlines due to circumstances beyond its
control with respect to the facilities leasing processes and the securing of qualified employees;and
WHEREAS,Grantee submitted an amendment request in writing to DEO on February 25,2015;and
WHEREAS,the Parties wish to amend the Agreement as set forth herein;
NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein,the receipt
and sufficiency of which are hereby acknowledged, the Parties agree to amend the Agreement as
follows:
1. Attachment 1 to the Agreement, "Scope of Work,"is hereby deleted and replaced with the attached
Attachment 1,"Scope of Work."
2. All other terms and conditions remain In effect.
3. Section I,F.1, within the "Governing Laws" section of the Agreement, is hereby incorporated by
reference as if fully restated herein.
[Remainder of page intentionally left blank.]
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IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, arid
provisions of Agreement SL007, as amended. The Effective Date of this Amendment is February 25,
2015,
COLLIER COUNTY DEPARTMENT OF ECONOMIC OPPORTUNITY
By By
Signature Signature
Tim Nance Cissy Proctor
Title Chairman,Board of County Title Chief of Staff
Commissioners
Date Date
Approved as to form and legal sufficiency,subject
only to full and proper execution by the_Parties.
OFFICE OF GENERAL COUNSEL
Approved as to form and legality DEPARTMENT OF ECONOMIC OPPORTUNITY
By:
Assistant County Attorney \ Approved Date:
/77',Si:
VtInl-ir E. BROCK, elck
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Attachment 1
SCOPE OF WORK
Collier County Soft Landing Accelerator
1.. Project Description: This project is for the establishment of a soft-landing Accelerator Network
(initially consisting of two Collier County accelerators,one of which is located in Western Collier
County that will provide expertise to assist burgeoning international and domestic businesses
with budgeting, business plan development, formulation of marketing plans and strategies,
venture funding, and distribution logistics;and the other an agribusiness-focused culinary food
accelerator located in Eastern Collier County equipped with commercial kitchen equipment,
food product development and testing equipment, cold food storage, and loading docks,
meeting all FDA, USDA and state applicable requirements). The Accelerator Network will also
provide accelerator services to any facility in the Southwest Florida Regional Five County
(Collier, Lee, Charlotte, Glades, Hendry) area, where a contract or memorandum of
understanding (MOU) for incubator/accelerator services has been executed, constituting
Network Managed Activity. The purpose of this project is to: recruit companies into Florida that
create high value employment opportunities; attract foreign direct Investment;improve export
opportunities for Florida companies;and build new futures for citizens who desire to stay in the
region and build their own businesses. In order to establish these two accelerators, the State
appropriation will be used for specialized start-up staffing, and for the leasing and
improvements of the two facilities that will house the accelerators. The leased space for the
soft-landing accelerator for foreign business start-up is anticipated to be up to 9,100 square feet
and requires the purchase and installation of enterprise software, hardware, licenses, IT
networking equipment, global conferencing equipment and furnishings. The leased space for
the culinary food accelerator is anticipated to be approximately 5,000-6,000 square feet, and
requires remodeling, commercial equipment, cold food storage, fire safety, air filtration, air
conditioning, code approval and furnishings. Collier County Soft Landing Accelerator funding
provided by the State of Florida, Department of Economic Opportunity ("DEO"),will be utilized
for operating salaries, payroll taxes, benefits, and other payroll-related costs, facility leases,
insurance, maintenance and repair, utilities, computers, servers, other computer and
telecommunication equipment, printers, copiers, scanners, software, conference equipment,
IT/Web/Communication costs and services, travel, conferences, dues, subscriptions, staff
development (not certifications), bank charges, background checks, drug screening, safety
inspections, operating licenses and permits, office supplies, shipping, printing, publishing,
professional fees and expenses (legal, accounting, auditing, mentoring, and marketing),
planning, design, engineering, multi-functional office furniture and fixtures, modular work and
quiet areas,food product development and testing equipment,culinary and related equipment,
fixtures, systems and installation, other equipment as needed and leasehold improvements,
other reasonable operating costs required for program implementation and operations. Collier
County intends for this project to create a financially self-sustaining program,
This project is funded through:
Line Item#2256A Collier County Soft Landing Accelerator $2,500,000
SEED
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2. Grantee Responsibilities: Grantee will ensure the lease of two facilities where the accelerators
will be located. Grantee will send updated status reports with payment requests based on
documentation supporting the need for an advance and subsequently documented soft and
hard openings of the two facilities (including payroll, leasing, purchasing engineering services,
permits and construction) that has occurred between July 1, 2014 and September 30, 2015, as
further described herein.
Grantee will:
a. Be the Fiscal Agent for this Project but intends to subcontract with Economic Incubators,
Inc., to serve as the Project's Administrative Entity. Grantee represents that its
contractor has or will be selected in accordance with Florida law. Grantee further
represents that the services of its contractor are essential to the project, and are only
available if advance payment is made to the contractor. DEO does not prohibit
advancement of funds by Grantee to Grantee's contractor under those conditions.
1. Costs not allowed under this Agreement include, but are not limited to, any
administrative fee for Economic Incubators, Inc.
2. Grantee may temporarily invest advanced funds, but any interest income
earned on such funds shall either be returned to DEO or applied against DEO's
obligation to pay under this Agreement.
b. Implement all construction plans described in this agreement and provide
documentation specifying the remodeling/retrofitting,permitting and fees required for
each location selected,and a list of the necessary IT,office/culinary equipment and
furniture for each location,as detailed in each Deliverable in Section 4. Grantee must
submit a cost analysis and supporting documentation evidencing to DEO's satisfaction
that any proposed leasehold improvements are allowable, reasonable,and necessary,
prior to beginning work on such leasehold improvements or requesting any payment for
such leasehold improvements.
c. Recruit,hire,and maintain staff for functions aligned with Accelerator position
descriptions,which identify the unique characteristic and requirements of staff
positions,as detailed in each Deliverable in Section 4.Anticipated staff include an
Executive Director who will oversee both locations,a Regional Global Soft-Landing
Specialist,who will serve both locations,a Web Developer/Social Media Marketing,who
will serve both locations,a Director for Immoka lee&Facility Compliance,a
Maintenance&Equipment Specialist,a Naples Administrative Manager,and interns.
d. Ensure an effective advertising campaign,which relies on search engine optimization,
internet search analytics, print,and public relations components.
e. Provide invoice packages that include a cover letter signed by Bruce Register, Grantee
Representative,certifying that the costs being claimed for the project:
i. Are specifically for this project.
ii. Are for one or more of the Deliverables detailed in the Section 4 Deliverables.
In addition,the final invoice package shall include documentation that the costs claimed
were incurred and paid between July 1, 2014 and June 30, 2015, or were partially
incurred from July 1,2015 to September 30,2015,that progress had begun on such costs
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by June 30, 2015, and identify any funds the Grantee has which are unencumbered or
unobligated and need to be returned to the state. Documentation of payment shall
include:
1. Copies of the cancelled checks specific to the project, or copies of checks and
the corresponding bank statements;
2. The projected vs.actual budget spreadsheet;
3. Before and after photographs of the work site;and
4. A final itemized invoice for any costs still outstanding that are above the amount
of funds already provided to the Grantee.
f. The Grantee will submit quarterly and annual reports for each of the five (5) years
following the execution of the Agreement, in determination of progress toward
deliverables regarding compliance with the terms of this Agreement. Such reports will
provide updates on:
i. The number and types of companies recruited to Florida that have created high
value employment opportunities;
ii. The amount of foreign direct investment generated by the project;
iii. The amount and types of export opportunities realized by Florida Companies;
iv. The number of entrepreneurs that stay in the region and build their own
businesses as a direct result of accelerator activities;and
v. Progress made towards completion of the return of benefits described in Exhibit
A to this Scope of Work.
g. If Grantee has not provided at least $241,000 in cash match toward this project by
January 31, 2017, in fulfillment of the match requirement for FY 2014/2015, Grantee
shall return to the State of Florida an amount equal to the deficient cash match amount
(e.g., Grantee cash match as of June 30, 2017 equals $41,000: $241,000 - $41,000 =
$200,000. Therefore, Grantee would owe the State of Florida a refund of $200,000).
Any such refund due to the State of Florida shall be submitted on or before August 31,
2018.
h. The Grantee understands and agrees that it will be required to return to the State of
Florida all funds received pursuant to this Agreement, less any financial consequences
imposed, if the project does not result in a positive return of benefits to the people of
Florida (See Exhibit A to this Scope of Work). Criteria for determining a Positive Return
of Benefits on State Funds are:
i. Creation of 208 "Job Year Equivalents" as measured by one year of full time
employment for one job, eligibility defined as accelerator staff, accelerator
tenant employees or documented graduates of the Accelerator Network,
employment in Florida. See attached Exhibit B—Positive Return of Benefits on
State Funds, which constitutes an IMPLAN projection of taxes for five years.
Certification in the form of a written representation and warranty,signed by an
officer of the Collier County Soft Landing Accelerator and Accelerator Affiliated
Entity (which is a tenant or graduate or spinoff of the Accelerator Network or
any Network Managed Activity*), which identifies the number of jobs and
corresponding "Job Year Equivalents" represented on any of the following:
Florida UCT 6 Form, IRS Form 1099, IRS Schedule K-1 (Form 11205 or Form
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1065). The certification may also identify Florida-based jobs arising from joint
venture partners or participants of the Accelerator Affiliated Entity;OR
it. Demonstration of$12,500,000 of cumulative private sector capital expenditures
or venture investment resulting from an Accelerator Affiliated Entity. A
purchase qualifies as a capital expenditure if it has all of the following: a) the
Accelerator Affiliate Entity owns or controls the asset which has a measurable
future economic value; b) has an estimated useful life of greater than a
minimum of 12 months; c) the item is not used for the resale directly to
Accelerator Affiliated Entity's customers; and d) the item is not purchased for
inventory to be used in production of the Accelerator Affiliated Entity's
products. A capital expenditure is considered an asset of the Accelerator
Affiliated Entity and it is, therefore, capitalized in the financial records. The
following may be submitted as documentation to support capital expenditures:
internal Revenue Service (IRS) Form 4562; and/or Certification in the form of a
written representation and warranty, signed by an officer of the Accelerator
Affiliated Entity, identifying and verifying the capitalized expenditures showing
up on their balance sheet.
*Network Managed Activity means that the Accelerator Network will also provide accelerator
services to any facility in the SWFL Regional Five County (Collier, Lee, Charlotte, Glades, Hendry)
area, where a contract or memorandum of understanding (MOU) for incubator/accelerator
services has been executed,constituting Network Managed Activity.
3. DEO's Responsibilities:
a) Monitor the ongoing activities of the Collier County Soft Landing Accelerator Program
via phone calls, desk reviews of the documentation submitted for payment requests,
and site visits as needed.
b) Perform contract management responsibilities pursuant to the Agreement.
c) Review the Grantee's invoices described herein,and process them on a timely basis.
d) Maintain paper or electronic copies of all documents submitted pursuant to Sections 4
and 5 to the extent required by law.
e) Reply to reasonable inquiries from the County.
f) Following the initial advance payment of $495,000.00 for operations and facilities
retrofitting and commencement, DEO will only submit the fixed-price payment requests
upon satisfactory documentation of completion of the deliverables for each time period
described below in if 4.
[Remainder of page intentionally left blank.]
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4. Deliverables: Grantee agrees to provide the following services:
Advance Payment Request(see Exhibit 3 to the Scope of Work): Due Date within 24 hours of Execution of I
the Agreement.
Minimum Performance Standards
Advance Payment Request: In addition to the Minimum Level of Financial Consequences
Request for advance payment to Performance outlined in S.A.,Grantee
begin implementation of the work will submit the below documentation
plan. Anticipated first 90 days cash as confirmation that Deliverable 1 is
requirements:$495,000.00 in start- complete within 24 hours following
up expenditures. Advance is for DEC's execution of the Agreement.
implementation of the Business At a minimum the following must be
Plan for Collier County Innovation completed and backup documentation
Accelerators,as approved by the submitted in order to evidence
Collier County Board of County satisfaction of the deliverable.
Commissioners an May 13,2014.
Work Plan: Begin site selection Submittal of invoice for Advance In addition to Grantee
process for West and East Funding to begin implementation of returning any unobligated
Accelerator space.Review Work Plan,detailed in the adjacent funds from the advance with
opportunities that will enhance column. the final invoice,failure to
program success. Negotiation of meet specified time criteria
leases,remodeling plan approval results in a fifty dollar($50.00)
and review of necessary state and per day financial consequence
local approvals and permits. to Grantee.
Creation of Accelerator position
descriptions which identify the
unique characteristics and
requirements of staff positions.
The consultant for the initial pilot
will create participation documents
and meet with potential clients to
present the Application for
Accelerator Participation,the
standards for participation in the
Accelerator,the Accelerator
Participation Agreement,which
memorializes relationships in a
contractual relationship. An
application review and approval
committee will be established. The
consultant will perform web
development,and initiate marketing
and fund-raising.Grantee will
negotiate and contract with an
Administrative Entity;
Administrative Entity will begin
procurement process for
operations.
Total $495,000
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Deliverables 1—7: Due Date as of March 31,2015
Deliverables Minimum Performance Standards Financial Consequences
1. Site selection for West and 1. Eastern&Western Collier Failure to complete and submit
East CollierCounty County Accelerator site plans. all Deliverables by March 31,as
Accelerator space, review evidenced by the absence of
and approval. any of the Minimum
Performance Standard
2. Enter Into lease agreement 2. Executed Western Collier documentation shown for
for Western Collier County County Accelerator Lease Deliverables 1—7,will result in
Accelerator. Agreement. a fifty dollar($50.00) per day
financial consequence,which
3. Eastern Collier County 3. Contract or purchase order for shall be deducted from the
Accelerator(Immokalee) design services:furnishings, Fixed Price payment for
procurement of equipment,leasehold Deliverable 2.
design contractor: improvements,and design
furnishings,equipment, and plan.
leasehold improvements.
Grantee must submit a cost
analysis and supporting •
documentation evidencing
to DE0's satisfaction that
any proposed leasehold
improvements are
allowable, reasonable,and
necessary, prior to
beginning work on such
leasehold improvements or
requesting payment for this
Deliverable 2.
4. Western Collier County 4. Public notices, press releases,
Accelerator (Naples) and documentation of
pilot, leasehold interest.
5. Western Collier County 5, Successful Recruitment of
Accelerator staff Administration Entity and
acquisition of Director, hiring of Director and
Administrative Assistant, Administrative Assistant(2
and intern(2 FTE and 1 FIE FTEs; plus 1 FTE intern),as
Intern). indicated by accepted letter of
offer from supervisor.
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6. Western Collier County 6.Statements,participant Use
Accelerator pilot launch and Agreements,public notices
Accelerator services and press release
operational. documenting the soft-opening
at transitional site of the
Western Collier County
Accelerator.Statements,
orders or invoices
documenting procurement for
Accelerator services.
7. Review and selection of 7. Approved Administrative
Administrative Entity and Entity Agreement.
approval of contract.
Total $245,000
Deliverable 8—12: Due Date as of June 30,2015
Deliverables Minimum Performance Standards Financial Consequences
8. Commence Western Collier 8. Notice to proceed or construction Failure to complete and submit
County Accelerator permits or architectural drawings all Deliverables by June 30,
Construction and Western of improvements. Contract or 2015,as evidenced by the
Collier County purchase order for furnishings absence of any of the Minimum
Accelerator and equipment for Western Performance Standard
procurement of Collier County Accelerators. documentation shown for
furnishings and equipment. Deliverables 8—12,will result in
a fifty dollar($50.00)per day
Grantee must submit a cost financial consequence,which
analysis and supporting shall be deducted from the
documentation evidencing Fixed Price payment for
to DEO's satisfaction that Deliverable 3.
any proposed leasehold
improvements are
allowable,reasonable,and
necessary, prior to
beginning work on such
leasehold improvements or
requesting any payment for
this Deliverable 3.
9. Completion of Permit Ready 9. Statement or invoice for
Construction Drawings for Permit Ready Construction
Eastern Collier County Drawings for Eastern Collier
Accelerator. County Accelerator and
copies or electronic files of
those documents.
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10. Proceed with Eastern 10. Documentaion of job
Collier County full-time advertisement or of letter of
equivalent recruitment offer from supervisor.
process for a Director of
Facilities&Compliance,a
Maintenance Specialist,and
an Intern.
11. Hire Web Design Developer 11. Hiring of Web Design
&Social Media Marketing Developer&Social Media
and 13 FTE Interns(2.5 Marketer and Interns
FTE). evidenced by accepted letter
of offer from supervisor.(2.5
FTE)
12. Hire Regional Global Soft 12. Hiring of Regional Global
Landing Specialist(1 FTE)or Soft Landing Specialist,
contractors equivalent to a evidenced by accepted letter
FTE. ( of offer from supervisor or
contractor's equivalent to the
FTE evidenced by a contract.
(1 FTE or contractor)
Total $500,000
Deliverables 13—14: Due Date as of August 1.5,2015
Deliverables Minimum Performance Standards and Financial Consequences
Due Date.
13. Eastern Collier County 13. Public notices and press Failure to complete and
Accelerator Ground release documenting the Ground submit all Deliverables by
Breaking. Fulfillment of Breaking of the Eastern Collier August 15,2015,as
procurement of furnishings County Accelerator. Contract or evidenced by the absence
and equipment. Enter into Purchase Order for furnishings of any of the Minimum
lease agreement for and equipment. Eastern Collier Performance Standard
Eastern Collier County County Accelerator lease documentation shown for
Accelerator. agreement. Deliverables 13—14,will
result in a fifty dollar
14. Obtain Building Permit and 14. Building Permit and ($50.00)per day financial
construction contract(s)for construction contract for Eastern consequence,which shall
E a ste r n Collier County Collier County Accelerator. be deducted from the Fixed
Accelerator Price payment for
Deliverable 4.
Total $660,000
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Deliverables 15—19: Due Date no later than September 30,20/5 with all invoices submitted no later than
September,15,2015.
Deliverables Minimum Performance Standards Financial Consequences
15. Site Preparation 15. Certificate of occupancy, Subject to the discretion of
Construction and Grand- public notices and press release DEO,in the event
Opening of Eastern Collier documenting the Grand Opening consideration of Grantee's
County Accelerator. of the Eastern Collier County explanation for any failure
(Immokalee)Accelerator. to meet specified time
criteria be unaccepted,the
failure shall result in a
$5,000 financial
consequence per
Deliverable.
16. Western Collier County 16. Public notices,marketing,and
Accelerator Grand Opening press release materials documenting
and complete leasehold the Grand Opening of the Western
improvements. Collier County Accelerator and
contract or purchase order leasehold
improvements.
17. Complete recruitment of 1 17. Recruitment of 1 FTE Eastern
FTE Eastern Collier County Collier County Accelerator Intern
Accelerator Intern. as evidenced by an accepted
letter of offer from supervisor.
18. Complete recruitment of 18.Hiring of Eastern Collier
the Eastern Collier County County Accelerator Director of
Accelerator Director of Facilities&Compliance as
Facilities&Compliance.(1 evidenced by letter of offer from
FTE) supervisor. (1 FTE)
19. Complete recruitment of 19. Hiring of Eastern Collier
the Eastern Collier County County Accelerator Maintenance
Accelerator Maintenance Specialist as evidenced by
Specialist.(1 FTE) accepted letter of offer from
supervisor or supervisor and
employee signed time sheets for
all personnel. (1 FTE)
Total $600,000
5. Invoice Submittal and Payment Schedule:
All invoices shall denote the Deliverables being claimed and the relevant time period for those
Deliverables. The invoice for the Advance shall include a summary of what the Advance Funding
is being requested for, and the invoices for the remainder for the Deliverables shall include a
summary of the accomplishments for the Deliverables claimed on that invoice,for the relevant
time period. However,the final invoice for payment must be received by DEO by September 15,
2015.
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The following documents shall be submitted with the invoice:
A. Advance Payment: Minimum Level of Performance
i. A cover letter signed by Collier County Project Representative Bruce Register certifying
that the Advance Funding is specifically to implement the Collier County Accelerator Business
Plan (as explained in the Work Plan Deliverable under Section 4.of this Agreement)that was
approved by the Collier County Commission on May 13, 2014;and
ii. A projected budget spreadsheet.
B. Deliverables 1-7: Minimum Level of Performance (in addition to the documents submitted
with the itemized invoice):
i. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the deliverables being claimed in the invoice package are
specifically for the project represented to the state in the budget appropriation, including a
certified statement for the project that all Deliverables being claimed for the relevant time
period were completed as specified in the Minimum Performance Standards column of
Deliverables 1-7 under Section 4.of this Agreement;and
ii. Before and after photographs of the work sites.
C. Deliverables 8-12: Minimum Level of Performance(in addition to the documents submitted
with the itemized invoice):
i. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the deliverables being claimed in the invoice package are
specifically for the project represented to the state in the budget appropriation, including a
certified statement for the project that all Deliverables being claimed for the relevant time
period were completed as specified in the Minimum Performance Standards column of
Deliverables 8-12 under Section 4.of this Agreement;and
ii. Before and after photographs of the work sites.
D. Deliverables 13 - 14: Minimum Level of Performance (in addition to the documents
submitted with the itemized invoice):
i. A cover letter signed by Grantee Representative Bruce Register, including the date of
completion, certifying that the deliverables being claimed in the invoice package are
specifically for the project represented to the state in the budget appropriation, including a
certified statement for the project that all Deliverables being claimed for the relevant time
period were completed as specified in the Minimum Performance Standards column of
Deliverables 13-14 under Section 4.of this Agreement;and
ii. Before and after photographs of the work sites.
E. Deliverables 15 - 19: Minimum Level of Performance (in addition to the documents
submitted with the itemized invoice):
i. A cover letter signed by Collier County Representative Bruce Register certifying that the
deliverables being claimed in the invoice package are specifically for the project represented
to the state in the budget appropriation, including a certified statement for the project that
Deliverables 15 — 19 were completed as specified in the Minimum Performance Standards
column of the relevant time frame under Section 4.of this Agreement;
ii. The projected budget vs.actual budget spreadsheet;
iii. Before and after photographs of the work sites;
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Iv. Copies of the cancelled checks specific to the project or copies of checks and the
corresponding bank statements;
v. A final itemized invoice for any costs still outstanding that are above the amount of
funds already provided to the Grantee;and
vi. A spreadsheet that clearly shows the names of all personnel that were paid by this
project, the amount of hours each person claimed against this project and the total amount
they were paid for work on this project. This spreadsheet shall be supported by signed and
approved time sheets for all hours claimed against this project, whether an FTE or a
contractor. In order for costs to be allowable, DEO must be able to time the names of all
personnel back to an accepted letter of offer or a contract,whichever is applicable.
The State may require any other information from Grantee that the State deems necessary to
verify that the services have been rendered under the Agreement.
All documentation necessary to support requests must be submitted with Grantee's
invoice for DEO's review.
6. Final Reconciliation:
DEO agrees to disburse funds under this Agreement in accordance with the above.The amounts
specified do not establish the value of the particular deliverables. In accordance with Section
I.F.11, Funding Requirements of section 215.971,F.S.,of this Agreement,Grantee's entitlement
to retain funds paid by DEO is dependent upon the amount of allowable costs incurred and
expended by Grantee in carrying out the Project.
7. Financial Consequences for Failure to Timely and Satisfactorily Perform:
Failure to complete all deliverables in accordance with the requirements of this Agreement,and
in particular, as specified above in Section 4, Deliverables, will result in assessment by DEO of
the specified financial consequences. If the Parties agree to a corrective action plan, the plan
shall specify the applicable financial consequences to be applied after the effective date of the
corrective action plan.
This provision for financial consequences shall in no manner affect DEC's right to terminate the
Agreement as provided elsewhere in DEO's Core Agreement.
8. Notification of Instances of Fraud:
Instances of Grantee operational fraud or criminal activities shall be reported to DEO's
Agreement Manager within twenty-four(24)chronological hours.
9. Grantee's Responsibilities upon Termination:
If DEO issues a Notice of Termination to Grantee, except as otherwise specified by DEO in that
notice,the Grantee shall:
a. Stop work under this Agreement on the date and to the extent specified in the notice.
b. Complete performance of such part of the work as shall not have been terminated by DEO.
c. Take such action as may be necessary, or as DEO may specify,to protect and preserve any
property which is in the possession of Grantee and in which DEO has or may acquire an
interest.
d. Upon the effective date of termination of this Agreement,Grantee shall transfer,assign,and
make available to the DEO all property and materials belonging to DEO. No extra
compensation will be paid to Grantee for its services in connection with such transfer or
assignment.
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10. Non-Discrimination: Grantee shall not discriminate unlawfully against any individual employed
in the performance of this Agreement because of race, religion, color, sex, physical handicap
unrelated to such person's ability to engage in this work, national origin, ancestry, or age.
Grantee shall provide a harassment-free workplace, with any allegation of harassment to be
given priority attention and action.
11. Equipment Disposition:
a. Pursuant to Section I.Q.7 of this Agreement ("Nonexpendable Property"), upon
termination of the Agreement period, Grantee is authorized to retain ownership of any
nonexpendable property purchased under this Agreement; however, Grantee hereby grants to
DEO a right of first refusal in all such property, and prior to disposition of any such property
during its depreciable life, in accordance with the depreciation schedule in use by Grantee,
Grantee shall provide written notice of any such planned disposition and await DEO's response
prior to disposing of the property. "Disposition" as used herein, shall include, but is not limited
to, Grantee no longer using the nonexpendable property for the uses defined herein, the sale,
exchange, transfer, trade-in, or disposal of any such nonexpendable property, or closure of
Grantee's operations. DEO, in its sole discretion, may require Grantee to refund to DEO the fair
market value of the nonexpendable property, taking into consideration the fair value
depreciation of the property,rather than taking possession of the nonexpendable property.
b. To the extent that any improvements are made to leased real property, in whole or in
part,from funding provided under this Agreement,the said real property must be used for the
purposes provided in this Agreement for at least 5 years from June 30, 2015. If within five (5)
years of June 30, 2015 Grantee will no longer use the said real property for the purposes
provided in this Agreement, Grantee shall notify DEO in writing of the circumstances that will
result in the non-authorized use upon learning of it, but no later than thirty (30) days prior to
the non-authorized use occurring. In such event, DEO shall have the right, within its sole
discretion, to demand reimbursement of part or all of the funding provided to Grantee under
this Agreement for such improvements to real property.
-End of Attachment I(Scope of Work)
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