Backup Documents 02/13/2018 Item #16F6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPTO 6 F L
THE BOARD OF COUNTY COMMISSIONERS O DOCUMENTSMPANY ALL ORIGINAL TO
ICE FOR SIGNATURE 1
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.
itz." 6os-,,Aes.s 0,0
2.
3. County Attorney Office County Attorney Office \1•411(‘.
t°cA
4. BCC Office Board of County MS
Commissioners v� S/
5. Minutes and Records Clerk of Court's Office a I I I •Cprl
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 }��� ��� E - - r"( D
Agenda Date Item was Agenda Item Number
Approved by the BCC —' I ( ' F� tCr'
Type of Document Number of Original
Attached V` k_D (j\ Documents Attached ..
PO number or account Yvt-,,...:4•ESAINZ
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)
I. Does the document require the chairman's original signature? �� � K ``
2. Does the document need to be sent to another agency for additional signatures? I e w _�`S
provide the Contact Information(Name;Agency;Address;Phone)on a I a'.ched sheet. ./ C' ra.
3. Original document has been signed/initialed for legal sufficiency. (All do -- - . •
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. 7-k
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. DO(
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. }. K
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 oTyour deadlines! T�
8. The document was approved by the BCC on /-fJ ( nd all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for r e r
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
Co y-sof Ca.Jlier
16F6
CLERK OF THE CIRC IT COURT
COLLIER COUNTI'�y OUR OUSE
3315 TAMIAMI TRL E STE 102 Dwight E. Broc Clerk of Circuit Court P.O.BOX 413044
NAPLES,FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Audito C)istodian of County Funds
February 15, 2018
Tracy Colson, Incentives Administrator
The Florida Office of Film & Entertainment
107 East Madison Street, MSC 80
Tallahassee, FL 32399
Ms. Colson,
Enclosed, please find three (3) amendments to Agreement #SLOO7 with the
Department of Economic Opportunity, approved by the Board of County
Commissioners of Collier County on Tuesday, February 13, 2018.
Please process and return a fully executed original back to our office. I have
enclosed a return envelope. If you have any questions, please contact me at 239-
252-8411.
Thank you,
Teresa Cannon, BMR Sr. Clerk
Board's Minutes & Records Department
3299 Tamiami Trail East, Suite #401
Naples, FL 34112
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com
16F6
I - ■
fedex.com 1.800.GoFedEx 1.800 463 3339
I W N
elk s (l�1 ° e' foo r- �.1 F
I al\ F..1 sl ir. ' cn
11.0 R
aa X80rrs 9, .
!„, 1 ..)- pill �A
il CO rt V g) 0 a"4- ---:
;.. 0 0 ,..
i nt 2 1
fl_e E u ❑ ❑ __i $ ❑ ❑ - ❑ ❑ 7 A
Ulf w a pi' i 1 I I I g' 1 ii.E A I, 1117' .. ;
; � ❑ r
ill c)
i ii
�' ji -1' i C3 it :I / E. I i 12.i ir .(
I.
� 4
I.
.- ❑ � H
c 6g o
i I F 18- d I F ? i ❑ ❑ ❑ I
i ii e 3 ir ❑ E 4. ItE 87
li ❑ I ❑ W 1' 1 g' fid t v o
d iLI? LI IIPER 1- vg” I
1 If
❑ l'I_
.4t
11 1
1!I O 1 sei
m r
ii nanaau ugnn.4 nu anvuntta aI4 I 01 nuivuatt aunaaa A.tno cull wttiau mutt Tina
16F6
AGREEMENT NO. SL007
AMENDMENT NUMBER TWO
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 Grant Agreement SL007 (the "Agreement"). The Agreement was
amended on or about May 19,2015("Amendment 1").
WHEREAS,the State appropriated$2,500,000 to the Grantee for FY 2014/2015 in Specific Appropriation
2256A from the State Economic Enhancement and Development Trust Fund;and
WHEREAS, of the $2,500,000 appropriated by the State, the Grantee received a total of$723,525.51 for
eligible costs. As of June 30, 2015, the balance of the FY 2014/2015 appropriation, $1,776,474.49, was
unencumbered and returned to the State in accordance with the terms and conditions of the Agreement;and
WHEREAS, based on the amount of funds actually received by the Grantee under the Agreement, the
Grantee has requested that a proportionate proration be applied to some of the Grantee's performance
requirements;
WHEREAS, both Parties agree that all Deliverables set forth in Attachment 1, to the Agreement, as
amended(Scope of Work),are hereby deemed either met in full or otherwise waived; and
WHEREAS, Section II.A of the Agreement provides that any amendment to the Agreement shall be in
writing and signed by the Parties thereto.
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. Section 2.a.2. of Attachment 1, Scope of Work, is hereby deleted in its entirety and replaced with
the following:
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. Any additional interest repayment requirement will be deemed fully met
and will not require repayment.
2. Section 2.f. of Attachment 1, Scope of Work,is hereby deleted in its entirety and replaced with the
following:
f.The Grantee will continue to 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;
Page 1 of 3
16F6
AGREEMENT NO. SL007
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 in furtherance with the return of benefits described in Exhibit A to this
Scope of Work.
3. Section 2.h.of Attachment 1, Scope of Work,is hereby deleted in its entirety and replaced with the
following:
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 61 "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 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$6,000,000 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.
As hereby amended,the County has:(1)met the prorated venture investment resulting from
an Accelerator Affiliated Entity requirement; (2)exceeded the prorated deliverables; and
(3) has exceeded the local contribution. Accordingly, the only remaining obligation of
Collier County under the Agreement,as amended,shall be continued quarterly and annual
reporting requirements through June 30,2019.
*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
Page 2 of 3
16 F6 .
AGREEMENT NO. SLOO7
(MOU) for incubator/accelerator services has been executed, constituting Network
Managed Activity.
4. In the event that this Amendment is in conflict with any provision in the Agreement,as previously
amended, the terms of this Amendment will prevail. Except as provided herein, all other terms and
conditions of the Agreement,as amended,shall remain in effect.
5. Section I.F.1, within the "Governing Laws of the State of Florida" section of the Agreement is
hereby incorporated by reference as if fully restated herein.
IN WITNESS HEREOF,by signature below,the Parties agree to abide by the terms,conditions,and
provisions of Agreement SL007,as amended.
• •LL ' ' COUN I,0e/ DEPARTMENT OF ECONOMIC OPPORTUNITY
By: , .r By:
Signature Signature
Title: Andy Solis,Chairman Title: Chris Peary,Chief of Staff
Board of County Commissioners Department of Economic Opportunity
• Date: 3/ 13 / 4 Date:
Approved as to form and legality: Approved as to form and legal sufficiency,subject
only to full and proper execution by the Parties.
COUNTY ATTORNEY'S OFFICE OFFICE OF GENERAL COUNSEL
BOARD OF COUNTY DEPARTMENT OF ECONOMIC OPPORTUNITY
COMMISSIONERS
By:
Jennifer A. Belped
Assistant County Attorney ��� Approved Date:
ATi'i+M
i Wl E.BRbC CLERK
Attest as as aiirmCjean's
signature 014.
Page 3 of 3
16F6
AGREEMENT NO. SL007
AMENDMENT NUMBER TWO
i 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 Grant Agreement SL007 (the "Agreement"). The Agreement was
amended on or about May 19,2015("Amendment 1").
WHEREAS,the State appropriated$2,500,000 to the Grantee for FY 2014/2015 in Specific Appropriation
2256A from the State Economic Enhancement and Development Trust Fund;and
WHEREAS, of the $2,500,000 appropriated by the State,the Grantee received a total of$723,525.51 for
eligible costs. As of June 30, 2015, the balance of the FY 2014/2015 appropriation, $1,776,474.49, was
unencumbered and returned to the State in accordance with the terms and conditions of the Agreement;and
WHEREAS, based on the amount of funds actually received by the Grantee under the Agreement, the
Grantee has requested that a proportionate proration be applied to some of the Grantee's performance
requirements;
WHEREAS, both Parties agree that all Deliverables set forth in Attachment 1, to the Agreement, as
amended(Scope of Work),are hereby deemed either met in full or otherwise waived; and
WHEREAS, Section II.A of the Agreement provides that any amendment to the Agreement shall be in
writing and signed by the Parties thereto.
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. Section 2.a.2. of Attachment 1, Scope of Work, is hereby deleted in its entirety and replaced with
the following:
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. Any additional interest repayment requirement will be deemed fully met
and will not require repayment.
2. Section 2.f.of Attachment 1, Scope of Work,is hereby deleted in its entirety and replaced with the
following:
f.The Grantee will continue to 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;
Page 1 of 3
16F6
AGREEMENT NO. SLOO7
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 in furtherance with the return of benefits described in Exhibit A to this
Scope of Work.
3. Section 2.h.of Attachment 1, Scope of Work,is hereby deleted in its entirety and replaced with the
following:
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 61 "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 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$6,000,000 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.
As hereby amended,the County has:(1)met the prorated venture investment resulting from
an Accelerator Affiliated Entity requirement; (2)exceeded the prorated deliverables; and
(3) has exceeded the local contribution. Accordingly, the only remaining obligation of
Collier County under the Agreement,as amended, shall be continued quarterly and annual
reporting requirements through June 30,2019.
*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
Page 2 of 3
16 F6
AGREEMENT NO. SLOO7
(MOU) for incubator/accelerator services has been executed, constituting Network
Managed Activity.
4. In the event that this Amendment is in conflict with any provision in the Agreement,as previously
amended, the terms of this Amendment will prevail. Except as provided herein, all other terms and
conditions of the Agreement,as amended,shall remain in effect.
5. Section I.F.1, within the "Governing Laws of the State of Florida" section of the Agreement is
hereby incorporated by reference as if fully restated herein.
IN WITNESS HEREOF,by signature below,the Parties agree to abide by the terms,conditions,and
provisions of Agreement SL007,as amended.
C: LI ' COUNTY,/ DEPARTMENT F ECONOMIC •PPORTUNITY
By: i 11 A By:
•
Signature Signatu
Title: Andy Solis,Chairman Title: Chris Pe. ,Chief of Staff
Board of County Commissioners Department of Economic Opportunity
Date: / 13 ' // Date: 3/ X / 18
Approved as to form and legality: Approved as to form and legal sufficiency,subject
only to full and proper execution by the Parties.
COUNTY ATTORNEY'S OFFICE OFFICE OF GENERAL COUNSEL
BOARD OF COUNTY DEPAR T OF ECONOMIC OPPORTUNITY
COMMISSIONERS
)1 0 By: i
Jennifer . elpedio 0
Assistant Cou ty Attorney S). \• Approved Date: OZIV 201/
1 ...is
'HT E.yr L'- CLERK
Ni
f+.. •
Attest as to airman's
EiSnature only.
Page 3 of 3