Agenda 09/08/2015 Item #16F5Proposed Agenda Changes
Board of County Commissioners Meeting
September 8, 2015
Withdraw Item 11C: Recommendation to approve the award of RFP 15 -6424, Management Services
Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Programs, to Medical
Transportation Management, Inc. dba Southeast MTM, Inc. (MTM) for Scheduling and Dispatch Services
and to MV Transportation, Inc. for Transit Operation Services in the aggregate amount of $6,439,091 for
FY16. (Staffs request/Intent to Protest)
Move Item 16E13 to Item 11G: Recommendation to ratify administratively approved work order
modifications and /or contract change orders /Amendments that do not exceed ten percent (10 %) of the
current Board approved aggregate amount or twenty percent .(20 %) of the current Board approved schedule
(number of days); approve modifications to the current Board approved performance schedules; and
approve surplus disposal and revenue disbursement and other items as determined by the County Manager
or designee. (Commissioner Henning's request)
Move Item 16F5 to Item IIH: Recommendation to
approve the FY 2016 Agreement between the Partnership
for Collier's Future Economy, Inc. ( "PCFE ") and the Board
of County Commissioners in continued support of the
established public - private partnership designed to advance
our community's business and economic development
efforts. (Commissioner Taylor's request)
Move Item 16F6 to Item 111: Recommendation to approve the Third Amendment to the Agreement
between Economic Incubators, Inc., the Administrative Entity for the Business Accelerator Project, and the
Board of County Commissioners. (Commissioner Taylor's request)
Move Item 16F7 to Item I IJ: Recommendation to approve a successor Agreement between Economic
Incubators, Inc. , the Administrative Entity for the Business Accelerator Project, and the Board of County
Commissioners for Fiscal Year 2016 and approve necessary budget amendments. (Commissioner Taylor's
request)
Move Item 16F8 to Item 11K: Recommendation to approve the Fiscal Year 2016 Agreement between
the Southwest Florida Economic Development Alliance, Inc. and the Board of County Commissioners.
(Commissioner Taylor's request)
Move Item 16E10 to Item IIL: Recommendation to award ITB 15- 6474, "Medical Director (Part A) for
Collier County and Employment Physicals & Drug Testing (Part B)" to Advance Medical Center, LLC.
(Commissioner Henning's request)
Move Item 16 .14 to Item 13A: To record in the minutes of the Board of County Commissioners, the check
number (or other payment method), amount, payee, and purpose for which the reference disbursements were
9/8/2015 16.F.5.
EXECUTIVE SUMMARY
Recommendation to approve the FY 2016 Agreement between the Partnership for
Collier's Future Economy, Inc. ( "PCFE") and the Board of County Commissioners in
continued support of the established public - private partnership designed to advance
our community's business and economic development efforts.
OBJECTIVE: To further our Agreement with PCFE to facilitate the implementation of the Community
and Economic Development Strategic Plan and the Opportunity Naples community plan.
CONSIDERATIONS: On September 10, 2013, Agenda Item I I.C., the BCC approved the Office of
Business & Economic Development's FY 2014 Business Plan including a goal of developing a local
economic development partnership. Since that time, staff has continued to advance that economic
development goal under the BCC's direction provided at several BCC meetings. On December 10,
2013, Item Number 10.103, the Board authorized the Agreement with, Partnership for Collier's
Future Economy, Inc., an entity created by the Greater Naples Chamber of Commerce, to develop a
detailed Community and Economic Development Strategic Plan for our community. An extension of
the Agreement on September 9, 2014, Item Number 16.F.1, was authorized by the Board to provide
time for the completion of the strategic plan which was tenned "Opportunity Naples Strategy ". The
study results were presented to the community and were accepted. The effort and cost sharing has
resulted in the promulgation of the "Opportunity Naples Strategy ", which was accepted by the Board on
November 18, 2014, with the intent of renewing an Agreement. The BCC approved the 2015
Agreement with the PCFE on January 27, 2015, Agenda Item l 6.F.C. This Agreement is the progressive
next step to implement that strategic plan with activities for 2016. The specific initiatives and action
plans produced as part of the Opportunity Naples Strategy planning effort form the basis of this
Agreement and the Scope of Services that PCFE will provide with specific deliverables which
further economic development in all of Collier County.
FISCAL IMPACT: There are no public funds requested by the PCFE for services outlined in this
agreement.
GROWTH MANAGEMENT IMPACT: This project supports the goals and objectives of the
Economic Element of the adopted Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority
vote for Board approval. — JAB
RECOMMENDATION: That the Board authorizes the 2016 Agreement with the Partnership for
Collier's Future Economy, Inc. which will further the implementation of the Opportunity Naples
Strategy.
Prepared by: Bruce Register, Director, Office of Business & Economic Development.
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9/8/2015 16.F.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.5.
Item Summary: Recommendation to approve the FY 2016 Agreement with the
Partnership for Collier's Future Economy, Inc. ( "PCFE ") in continued support of the established
public - private partnership designed to advance our community's business and economic
development efforts.
Meeting Date: 9/8/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
8/31/2015 10:31:25 AM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
8/31/2015 10:31:27 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/31/2015 11:35:46 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 9/1/2015 8:46:17 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 9/1/2015 3:49:03 PM
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9/8/2015 16.F.5.
AMENDMENT TO AGREEMENT BETWEEN
COLLIER COUNTY, FLORIDA
AND
THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY, INC.
THIS AMENDMENT TO AGREEMENT ( "Amendment ") is made and entered into this 8`h
day of September, 2015, by and between Collier County, a political subdivision of the State of
Florida (the "COUNTY ") and The Partnership for Collier's Future Economy, Inc. ( "PCFE "), a
Florida not -for -profit corporation, whose address is 2390 Tamiami Trail N #210, Naples, FL 34103
(the "PCFE ").
RECITALS:
WHEREAS, on January 27, 2015, Agreement between Collier County, Florida and The
Partnership for Collier's Future Economy, Inc, was entered for Fiscal Year 2015; and
WHEREAS, the COUNTY has determined that strategic planning, business recruitment (on
national and international levels), expansion, creation and retention efforts through PCFE to assist
the private sector and other governmental agencies will enhance Collier County's economic well-
being and are activities in the public interest and lawful and beneficial purposes of the COUNTY;
and
WHEREAS, the PCFE is a business and economic development organization with a
mission to enhance Collier County's economic well -being and to create a vision to maintain and
strengthen Collier County as the business center of Southtivest Florida; and
WHEREAS, the PCFE is to be collaborate with the COUNTY in the achievement of the
economic development goals and objectives of the Collier County Board of County Commissioners
(the "BCC"): and
WHEREAS, the PCFE, in concert with the BCC. has determined that the strategies and
corresponding Key Initiatives to achieve such objectives include those beloNv:
• Implemcnt ;nog the BCC adopted Economic Development Strategic Plan
• Recruiting new businesses and marketing Collier County in order to attract employment
opportunities for residents;
• Providirn a existing businesses Nvith access to long -term expansion /retention services
• Engaging Enterprise Florida as Collier's Point of Contact
WHEREAS, the COUNTY desires to have the PCFE provide private sector leadership to
achieve the strategics set forth above and the PCFE is willing; to undertake such functions under the
terms of this A �-,recment. and
�NITIEREAS. the parties knish to amend the Agreement as stated belo ,,v to continue the
CC>U N'TI "s continued support of PCFE in Fiscal Year 2016.
1A'ITNESSFTH:
NOW T1-1F--,PEF0RE. in considc Packet Page - 2478 -'s (S 10.00) and other good and valuable f ^
9/8/2015 16.F.5.
consideration exchanged amongst the parties, and in consideration of the covenants contained
herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Section 11 of the January 27, 2015 Agreement, entitled PERIOD OF AGREEMENT,
is hereby amended as follows:
"This Agreement shall be effective upon execution by both parties and shall
cover services provided from October 1, 2015, until September 30, 2204-55, 2016,
unless otherwise terminated in accordance with this Agreement or extended by
mutual uritten Agreement of the parties."
3. Exhibit A of the January 27, 2015 Agreement, entitled SCOPE OF SERVICE OF
THE AGREEMENT, is hereby amended by replacing it in its entirety as it is attached hereto.
4. Exhibit C of the January 27, 2015 Agreement, entitled PROGRAM
PERFORMANCE REPORT OF THE AGREEMENT, is hereby amended by replacing it in its
entirety as it is attached hereto.
5. Except as modified by this Amendment, the January 27, 2015 Agreement shall
remain in full force and effect. If there is a conflict between the terms of this Amendment and the
Agreement, the terms of this Amendment shall prevail.
IN WITNESS WHEREOF. the parties hereto have caused this Amendment to be executed
by their appropriate officials, as of the date first above .vritten.
ATTEST: BOARD OF COUNTY COMMISSIONERS
'N
D\N]GI,ITE. BROCK. CLERK OF COLLIER COUNTY, FLORIDA
By:
I I)EI117Y CL ERIK
ATTEST:
By:
Approved as to form and legality
Jennifer N. Belpedio.
Assistant County Attornev
TIM NANCE. CHAIRMAN
THE PARTNERSHIP FOR COLLIER'S
FUTURE ECONOMY, INC..
By:
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9/8/2015 165.5.
EXHIBIT A
SCOPE OF SERVICE
ORGANIZATION: The Partnership for Collier's Future Economv, Inc.
PROGRAM: Economic Development Services —
Key Initiative 1: Implement the Economic Development Strategic Plan
Objective: Execute Pre-Implementation Plan
Deliverable 1: Complete the actions outlined in the Pre-implementation Activities
document enclosed as Attachment I to this Agreement.
Key Initiative 2: Business Recruitment and Marketing Activities
Objective: Business Recruitment Outreach and Project Management Functions,
Z11#
Deliverable 2: Devel&p-a-Maintain the marketing plan aligned with Opportunity
Naples Strategic Plan's target business analysis and target sectors,
Deliverable ' ): Cfeaie and mMaintain an interactive website which is search engine
optimized and monitor analytic reports on its usage.
Deliverable 4: implement a- - ffi—Ma-inta-in an automated system for managin- all
relevant aspects of customer relationships and associated business information.
Objective: Coordinate PCFE's marketing plans with Regional and State Efforts
Deliverable 5: Leverage and align. where applicable, PCFE's marketing plans with
the Southwest Florida Economic Development Alliance ancFor Enterprise Florida
marketing plans and initiatives to distinguish Collier County as a premier business
location.
Objective: Identify & Promote Real Estate Solutions for Prospect Recruitment.
Deliverable 6: Provide an internet based marketing tool for identifying existing
sites, buildin,-,s and market ready facilities (office space and industrial locations) for
prospects and planning purposes.
Objective: Professional Affiliations, Associations,
Deliverable 7: Industry networking engagement ,\,Itb the f6llo-,Nin,, or similar
organizations while attending two (2) of these or comparable conferences:
International Economic Development Council Conferences. Events (IEDC):
CorcNet Global Summit (domestic): BIO Florida. and Area Development
Consultant's Forum.
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9/8/2015 16. F.5.
Key Initiative 3: Business Retention.
Objective: Business Retention Outreach. Work with existing Collier County
businesses to ensure they are competitive in the marketplace and creating quality jobs.
Deliverable 8: Submit quarterly a brief to the County which provides an overview
of progress toward at least Forty (40) business retention visits, listing companies.
Key Initiative 4: Enterprise Florida and International Business Relationships.
Objective: International Business Outreach:
Deliverable 9: Facilitate and participate in at least two international development
events.
Key Initiative 5: First Responder for Business Retention/Expansion and New
Business[Business Recruitment.
Objective: The County's Office of Economic Development and The Partnership agree
that all inquiries for business retention/expansion and new business/business
recruitment will be directed to the Partnership as the first responder in those areas
and that the Partnership will initiate calls in those areas as well.
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9/8/2015 16.F.5.
EXHIPITC
PROGRAMPERFORMANCE
REPORT
ORGANIZATION: The Partnership for Collier's Future Economy, Inc.
PROGRAM: Economic Development
REPORT PERIOD
T14ROUGH
PERCENTAGE OR SCOPE OR SERVICES OR COMPONENTS OF
COMPLETED _ _%
I. ACCOMPLISHMENTS:
Report No.
A: Staff & Personnel
B: Operating & Marketing Accomplishments
1. a. VP of Business
1. Accomplishment or progress toward actions outlined
Submit Development as
in the Pre - implementation Activities (Attachment 1).
On or before, evidenced by submitting
2.
proof of employment.
Maintain and implement the marketing plan evidenced
b. Dedicated (FTE)
by providing plan drafts or final plan.
January 30, support staff as
3. Aeeemplishment eF PF9gFess t9WaFd eFeatieA-a-Rd
2016 ! evidenced by submitting
4:aMaintenance of website by submitting website
proof of employment. I
upgrade plan /scope of work.
4.
Maintain automated system for managing all relevant
aspects of customer relationships.
i S Leve ra ee++
and alignment, where applicable, of the PCFE's
j
marketing plans with the Southwest Florida Economic
Development Alliance and /or Enterprise Florida
marketing plans and initiatives to distinguish Collier
County as a premier business location as evidenced by
submission of leveraging and alignment plans and
reports.
6.
Maintain an internet based marketing tool for
identifying existing sites, buildings and market ready
facilities (office space and industrial locations) for
prospects and planning purposes.
f 7. Accomplishment or progress toward engagement in
industry networking with the following or similar
organizations while attending two (2) of these or
comparable conferences: International Economic
Development Council Conferences, Events (IEDC);
CoreNet Global Summit (domestic); BIO Florida; and
Area Development Consultant's Forum.
8. Accomplishment or progress toward submission of the
quarterly brief to the County which provides an
overview of progress toward at least Forty (40)
business retention visits, listing companies visited.
--
Packet Page -2482- it or progress toward facilitation and
2.
Submit
On or before,
April 30, 2015
a. VP of Business
Development as
evidenced by submitting
proof of employment.
b. Dedicated (FTE)
support staff as
evidenced by submitting
proof of employment.
9/8/2015 16.F.5.
participation in at least two international development
events.
1. Accomplishment or progress toward actions outlined
in the Pre - implementation Activities (Attachment 1).
2.
Maintain and implement the marketing plan evidenced
by providing plan drafts or final plan.
3.
Maintenance of website by submitting website
upgrade plan /scope of work.
4.
Maintain automated system for managing all relevant
aspects of customer relationships.
5, the 1Leverage4+g
and alignment, where applicable, of the PCFE's
marketing plans with the Southwest Florida Economic
Development Alliance and /or Enterprise Florida
marketing plans and initiatives to distinguish Collier
County as a premier business location as evidenced by
submission of leveraging and alignment plans and
reports.
6.
Maintain an internet based marketing tool for
identifying existing sites, buildings and market ready
facilities (office space and industrial locations) for
prospects and planning purposes.
7. Accomplishment or progress toward engagement in
industry networking with the following or similar
organizations while attending two (2) of these or
comparable conferences: International Economic
Development Council Conferences, Events (IEDC);
CoreNet Global Summit (domestic); BIO Florida; and
Area Development Consultant's Forum.
8. Accomplishment or progress toward submission of the
quarterly brief to the County which provides an
overview of progress toward at least Forty (40)
business retention visits, listing companies visited.
9. Accomplishment or progress toward facilitation and
participation in at least two international development
events.
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3.
Submit
On or before,
URe IS 203
July 30, 2016
a. VP of Business
Development as
evidenced by submitting
proof of employment.
b. Dedicated (FTE)
support staff as
evidenced by submitting
proof of employment.
4.
I a. VP of Business
Submit
Development as
within 4S days
! evidenced by submitting
of expiration
j proof of employment..
or termination
b. Dedicated (FTE)
and schedule
support staff as
Annual Report
evidenced by submitting
Presentation
proof of employment.
to the Collier
County Board
of
Commissioners
i
i
9/8/2015 16. F. 5.
1. Accomplishment or progress toward actions outlined
in the Pre - implementation Activities (Attachment 1).
2.
Maintain and implement the marketing plan evidenced
by providing plan drafts or final plan.
3.
+Maintenance of website by submitting website
upgrade plan /scope of work.
4.
Maintain automated system for managing all relevant
aspects of customer relationships.
S. Aeeemplishmem 9F ffegFess t9waFd the iLeverageiAg
and alignment, where applicable, of the PCFE's
marketing plans with the Southwest Florida Economic
Development Alliance and /or Enterprise Florida
marketing plans and initiatives to distinguish Collier
County as a premier business location as evidenced by
submission of leveraging and alignment plans and
reports.
6.
Maintain an internet based marketing tool for
identifying existing sites, buildings and market ready
facilities (office space and industrial locations) for
prospects and planning purposes.
7. Accomplishment or progress toward engagement in
industry networking with the following or similar
I organizations while attending two (2) of these or
comparable conferences: International Economic
Development Council Conferences, Events (IEDC);
CoreNet Global Summit (domestic); BIO Florida; and
Area Development Consultant's Forum.
8. Accomplishment or progress toward submission of the
quarterly brief to the County which provides an
overview of progress toward at least Forty (40)
business retention visits, listing companies visited.
P. Accomplishment or progress toward facilitation and
participation in at least two international development
events.
1. Completion of the actions outlined in the Pre-
implementation Activities (Attachment 1).
2. CempietieR e develapment -e# Maintain and
implement the marketing plan evidenced by providing
plan drafts or final plan.
3. the Maintenance of
website by submitting website upgrade plan /scope of
work.
4. GempletioR ef the pFeviskw Gf aR Maintain automated
system for managing all relevant aspects of customer
relationships.
5. GempletieR ef the 11-everagfing and alignment, where
applicable, of the PCFE's marketing plans with the
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9/8/2015 16.F.5.
and /or Enterprise Florida marketing plans and
initiatives to distinguish Collier County as a premier
business location as evidenced by submission of
leveraging and alignment plans and reports.
6. Gempletien ef the pFeViSiB Maintain an internet
based marketing tool for identifying existing sites,
buildings and market ready facilities (office space and
industrial locations) for prospects and planning
purposes.
7. Completion of the engagement in industry networking
with the following or similar organizations while
attending or being registered for attendance at two (2)
of these or comparable conferences: International
Economic Development Council Conferences, Events
(IEDC); CoreNet Global Summit (domestic); 810 Florida;
and Area Development Consultant's Forum.
8. Completion of the submission of the quarterly brief to
the County which provides an overview of progress
toward at least Forty (40) business retention visits,
listing companies visited.
9. Completion of the facilitation and participation in at
I least two international development events.
11. PROBLEMS:
Ill. STATUS REPORT ON PROVISION OF SERVICES: (include report period and
year- to -date)
SCOPE OF SERVICE ANNUAL REPORT PERIOD YEAR TO DATE % OF GOAL
PROVIDED PROGRAM GOAL COMPLETED
(See attached scope of work for detailed deliverables, benchmarks a n d performance measures.)
OTHER CONIMEINTS:
SUPPORTING ATTACHMENTS: Along with summary report, provide Project details be the
four identified deliverables. For specific activities. including applicable accomplishments in:
number of missions. conferences, publications, meetings, and other measurable steps. Copies
of'press releases. media placement and other ads to be maintained and available for on -site
i'eyleVy.
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9/8/2015 16.F.5.
INSTRUCTIONS FOR
PROGRAM PERFORMANCE REPORT
THE PURPOSE OF THIS REPORT I STO PRESENT A CONCISE REVIEW
SUMMARIZING THE PCFE "S ACTIVITIES FOR THE COUNTY PROGRAM. USE
ADDITIONAL PAGES ONLY IF NECESSARY/REQUIRED.
Oreanization: Provide name of the PCFE as it appears on your Agreement.
Prouram: Provide title of the program or general service area as contracted. It is defined in the
Agreement between the COUNTY and the PCFE for economic development.
Report Period: Identify dates covered by this narrative report. After the first report, begin with
ending date of the previous report.
Accomplishments
Identify, all accomplishments towards completion of deliverables identified in Exhibit A
and delineated in Exhibit C. Highlight significant or major accomplishments in the
COUNTY funded program during the report period in working towards completing the
Key Initiatives and Objectives identified in Exhibit A. In addition, please provide detailed
analysis of the provision of Value Added Initiatives identified in Exhibit A.
I1. Problems
Provide a description of the problems that were encountered during this report period
which would have a negative impact on the program. .Also, provide a plan for a
corrective action, to include time of implementation, effect on the program, and
indicate if there is a need to modify the program, goals, Agreement.
Ill. Status Report on Provision of Services, Goals and Objectives (Report period and year-
to-date)
Report statistically on program deliverables and goal achievements for report
period and year -to -date total.
W. Other Comments
Use this section for general remarks regarding PCFE. etc. General information to assist
in understanding the program's operation and purpose may be included.
Provide anyReauired Attachment.
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9/8/2015 16. F.5.
AGREEMENT BETWEEN COLLIER COUNTY. FLORIDA
AND
THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY. INC.
+6
This AGREEMENT is made and entered into thisc day of January. 2015. by and
between Collier County, a political subdivision of the State of Florida (the "COUNTY ") and The
Partnership for Collier's Future Economy. Inc. ( "PCFE "). a Florida not - for - profit corporation, whose
address is 2390 Tamiami Trail N 4210. Naples, FL 34103 (the "PCFE ").
WITNESSETH
WHEREAS, the COUNTY has determined that strategic planning, business recruitment (on
national and international levels), expansion. creation and retention efforts through PCFE to assist
the private sector and other governmental agencies will enhance Collier County's economic well -
being and are activities in the public interest and lawful and beneficial purposes of the COUNTY:
and
WHEREAS, the PCFE is a business and economic development organization with a mission
to enhance Collier County's economic well -being and to create a vision to maintain and strengthen
Collier County as the business center of Southwest Florida: and
WHEREAS, the PCFE is to be collaborate with the COUNTY in the achievement of the
economic development goals and objectives of the Collier Countv Board of County Commissioners
(the "BCC ")_ and
WHEREAS.. the PCFE. in concert with the BCC. has determined that the strategies and
corresponding Key Initiatives to achieve such objectives include those below:
• Implementing the BCC. adopted Economic Development Strategic Plan
• Recruiting new businesses and marketing Collier County in order to attract employment
opportunities for residents.
• Providing existing businesses with access to ion—term expansion retention services
• Engaging Enterprise Florida as Collier's Point of Contact
WHEREAS. the COUNTY desires to have the PCFE provide private sector leadership to
achieve the strategies set forth above and the PCFE is willing to undertake such functions under the
terms of this Agreement:
NOW. THEREFORE.. in consideration of the mutual covenants. promises and representations
contained herein. and other L,,00d and valuable consideration_ the COUNTY and the PCFE auree as
follows. � 4
ARTICLE 1
SCOPE OF SERVICES
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9/8/2015 16. F.5.
16F6
The PCFE shall promote economic development for the COUNTY by providing the services
and activities described in Exhibit "A ", Scope of Services, attached hereto and by reference made a
part hereof.
ARTICLE I1
PERIOD OF AGREEMENT
This Agreement shall be effective upon execution by both parties and shall cover services
provided from October 1, 2014, until September 30, 2015, unless otherwise terminated in accordance
with this Agreement or extended by mutual written Agreement of the parties.
ARTICLE III
CONSIDERATION
PCFE in consideration of payment to it by COUNTY of the sum of T e n
D o I I a r s ( $ 1 0.0 0 ) and other valuable consideration the receipt of which is hereby acknowledged,
will perform the work and activities identified in Article IV herein.
ARTICLE IV
SCOPE OF WORK and PREIMPLEMENTATION ACTIVITIES
PCFE will provide services consistent with the scope of services described in Exhibit A.
PCFE will perform the Pre- Impiementation Activities delineated on .Attachment 1, which is
attached hereto and incorporated herein by this reference.
ARTICLE V
MAINTENANCE OF RECORDS
The PCFE shall also provide timely and reasonable access to the PCFE's CEO at times
convenient for the CEO for the purpose of questions or explanations related to such records and
accounts. The PCFE shall retain for such inspection all of its records and supporting
documentation applicable to this Agreement for five (5) years after receipt of final payment from
the COUNTY. or until any or all questioned costs have been resolved or litigation. if any, is
completed. in the event funds expended under this Agreement are questioned or become the
subject of lithuation.
In addition. PCFE shall:
(a) Keep and maintain public records that ordinarily and necessari1v would be required by the
public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that the
public agency would provide the records and at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
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9/8/2015 16. F.S.
16F6
(d) Meet all requirements for retaining public records and transfer. at no cost, to the public agency
all public records in possession of the contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the public agency in a format
that is compatible with the information technology systems of the public agency.
ARTICLE VI
INDEMNIFICATION
The PCFE shall indemnify, hold harmless, and defend the COUNTY, its agents and employees
from and against any and all liabilities, losses, claims, damages, demands. expenses or actions,
either at law or in equity, including court costs and attorneys' fees, that may hereafter at any
time be made or brought by anyone on account of personal injury, property damage, loss of
monies, or other loss. allegedly caused or incurred, in whole or in part, as a result of any
negligent, wrongful, or intentional act or omission, or based on any act of fraud or defalcation
by the PCFE, its agents, subcontractors, assigns, heirs.. and employees during performance under
this Agreement. The extent of its indemnification shall be limited by the amount or types of
damages or compensation payable and /or provided in connection with the compliance by the
PCFE with Article X of this Agreement. In any and all claims against the COUNTY or any of
its agents or employees by any employee of the PCFE, any subcontractor, heir, assign, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of them may
be liable, the indemnification obligation under this paragraph shall be limited to the amount or
type of damages. compensation or benefits payable by or for the PCFE or any subcontractor
under workers' compensation acts. disability benefit acts or other employee benefit acts.
ARTICLE VII
TERMINATION
Termination at Will: This Agreement may be terminated at will by either party by
giving a minimum of one hundred twenty (120) days prior written notice of such intent
specifying the effective date thereof to the other parties, except that notice shall not be given
within the last fiscal quarter of the financial year of the PCFE.
The aforesaid termination notices. as well as all other notices required herein. shall be
considered received by the PCFE and the COUNTY if sent by certified mail. return receipt
requested, or by overnight personal delivery service requiring a shunature for delivery. and
addressed as provided for in Article XXVIII of this Agreement.
ARTICLE VIII
EQUAL OPPORTUNITY CLAUSE
The PCFE aerees to abide by the provisions contained in the COUNTY's Equal
Opportunity Clause as provided in Exhibit "E ", attached hereto and by reference made a par,
hereof. Upon completion of the services provided for in this Agreement. the PCFE will
complete and submit the Equal Opportunity Workforce Analysis, as provided for in Exhibit "F".
attached hereto and by reference made a part hereof. as part of the records referenced in Article
J
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V.
ARTICLE IX
STATEMENT OF ASSURANCE
9/8/2015 16.F.5.
16F6
During the performance of this Agreement. the PCFE assures the COUNTY that the
PCFE is in compliance with Title VII of the 1964 Civil Rights Act, as amended, the Florida Civil
Rights Act of 1992, as amended, and the Collier County Human Rights Ordinance (Ordinance
No. 00 -37), in that the PCFE does not, on the grounds of race, color, national origin, religion,
sex, age, handicap or marital status, discriminate in any form or manner against the PCFE' s
employees or applicants for employment. Further, the PCFE assures the COUNTY of the
PCFE s compliance with the Americans with Disabilities Act of 1990, as amended, as
applicable. The PCFE understands and agrees that this Agreement is conditioned upon the
veracity of such statements of assurance. Furthermore, the PCFE assures the COUNTY that it
will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is /are involved.
Other applicable Federal and State laws, Executive Orders, and regulations prohibiting
discrimination as hereinabove referenced are included by this reference thereto. This statement of
assurance shall be interpreted to include Vietnam -Era Veterans and Disabled Veterans within its
protective range of applicability.
ARTICLE X
INSURANCE
The PCFE shall provide and maintain the following insurance coverage's in the amounts
specified throughout the period of this Agreement on behalf of the PCFE and the COUNTY, by
naming the COUNTY as an additional insured under the coverage umbrella of the Greater Naples
Chamber of Commerce.. Inc. existing policies of insurance, as follows: Commercial General Liability
insurance: with coverage limits of $500.000, general aggregate for bodily injury or property
damage; $500.000 general aggregate for product and completed operations. $500,000 each
occurrence; $50,000 fire damage (any one occurrence) and $10.000 medical expense for any one
person: automobile liability insurance for bodily injury or property damage of $500,000 combined
single limits, which shall apply to claims that may be asserted against the COUNTY by reason of
the act or activities of the PCFE. The PCFE shall maintain workers' compensation coverage as
required by Florida law.
All insurance shall be from responsible companies duiv authorized to do business in the
State of Florida. Every insurance policy must provide for up to thiM! (30) days prior written
notice to the COUNTY of any cancellation, intent not to renew, or reduction in the policy coverage.
Coveraae shall be documented by a Certificate of Insurance.
ARTICLE XI
CONFLICT OF INTEREST
The PCFE. represents that it presently has no interest. and shall acquire no such interest
financial or otherwise, direct or indirect. nor engage in any business transaction or professional
activity: or incur ant obligation of any nature which would conflict in any manner with the
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performance of service required hereunder.
ARTICLE XII
DRUG FREE WORKPLACE
The PCFE shall administer, in good faith, a policy designed to ensure that the PCFE's
employees, agents and subcontractors are free from the illegal use. possession, or distribution of
drugs or alcohol.
ARTICLE XIII
GOVERNING LAW: VENUE
This Agreement shall be governed by the laws, rules. and regulations of the State of
Florida. or the laws, rules, and regulations of the United States if the PCFE is providing services
funded by the United States Government. Venue shall be in Collier County, Florida.
ARTICLE XIV
COMPLIANCE
The PCFE shall comply with the requirements of all federal. state, and local laws. rules.
codes, ordinances and regulations pertaining to this Agreement.
ARTICLE XV
ASSIGNMENT
Neither party may assign or transfer its rights or obligations under this Agreement without
the prior written consent of the other party.
ARTICLE XVI
HEADINGS
Article headings have been included in this Agreement solely for the purpose of
convenience and shalt not affect the interpretation of any of the terms of this Agreement.
ARTICLE XVII
WAIVER
A waiver of any performance or default by either party shall not be construed to be a
continuing waiver of other defaults or non- performance of the same provision or operate as a
waiver of any subsequent default or non - performance of any of the same terms. covenants. and
conditions of this Agreement. The payment or acceptance of funds for any period after a default
shall not be deemed a waiver of any right or acceptance of defective performance.
ARTICLE XVIII
ADDITIONAL R I G H T S AND REMEDIES
Nothing contained herein shall be construed as a limitation on such other rights and
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remedies available to the parties at law. or in equity, which may now or in the future be
applicable.
ARTICLE XIX
ORDER OF PRECEDENCE
In the event of any conflict between the provisions of the Articles of this Agreement and
the exhibits hereto, the contents of the Articles of this Agreement shall control over the contents
of the exhibits.
ARTICLE XX
SEVERABILITY
In the event any section, sentence, clause. or provision of this Agreement is held to be
invalid or illegal, the remainder of the Agreement shall not be affected by such invalidity or
illegality and shall remain in full force and effect.
ARTICLE XXI
PROJECT PUBLICITY
Any news release or other type of publicity pertaining to the services performed by the
PCFE pursuant to this Agreement must recognize the contribution of the BCC. The PCFE being
a not - for - profit corporation receiving non- monetary contributions through the COUNTY shall
recognize the COUNTY for its contribution in all promotional materials and at any event or
workshop for which COUNTY funds are allocated. Any news release or other type of publicity
must identify the BCC as a collaborative partner. In written materials, the reference to the
COUNTY must appear in the same size letters and font type as the name of any other partners.
In addition, any development project announcement, ceremonial business opening, or
publicity event resulting from efforts of the PCFE, and particularly those projects induced with
COUNTY funded financial incentives or other contributions, will be planned in cooperation with
the COUNTY's Economic Development and Communications Departments for purposes of
coordinating COUNTY's official COUNTY protocol and public recognition. Prior notification to
the two Departments for such events will be no less than 15 working days whenever possible
or practicable, and potential prospects will be made aware of the COUNTY's publicity protocol
before final inducement with any incentive packages or contributions.
ARTICLE XXII
SURVIVABILITY
Any term. condition. covenant or obligation which requires performance by either part
subsequent to termination of this Agreement shall remain enforceable against such party subsequent
to such termination.
ARTICLE XXIII
THIRD PARTY BENEFICIARIES
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This Agreement is for the benefit of the COUNTY and the PCFE. No third party is an
intended beneficiary so as to entitle that person to sue for an alleged breach of this Agreement.
ARTICLE XXIV
POLITICAL ACTION
The PCFE shall not engage, participate or intervene in any form of political campaign on
behalf of: or in opposition to, any candidate for political office.
ARTICLE XXV
MERGER: MODIFICATIONS
This writing embodies the entire agreement and understanding between the parties hereto and
there are no other agreements and /or understandings, oral or written, with respect to the subject
matter hereof, that are not merged herein and superseded hereby. This Agreement may not be
modified, amended, extended, or canceled, verbally or by conduct of the parties.. but only by a
written instrument executed by the COUNTY and the PCFE. Similarly, no contract which purports to
affect the terms of this Agreement shall be valid as it affects this Agreement, unless in writing and
executed by the COUNTY and the PCFE. Any program modification must be requested by the
PCFE and/or the COUNTY 'at least ninety (90) days prior to the end of the period of this
Agreement.
ARTICLE XXVI
NOTICES
All notices required or permitted to be given by a partmy under this Agreement shall be in
writing and sent to the other party by certified mail, return receipt requested, or by overnight personal
delivery service requiring a signature for delivery, and shall be addressed as follows:
If to the COUNTY: Collier
County
Mr. Leo Ochs. County Manager
Collier Count.
3299 Tarniami Trail East. Ste.
201
Naples. FL 34104
If to the PARTNERSHIP: Partnership
John S. Cox. President and CEO
Partnership For Collier's Future
Eeonomv 2390 Tamiami Trail N.. Ste.
210
Naples. FL. 34109
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IN WITNESS WHEREOF, this Agreement was dated on the day and year first written above.
ATTEST.-',, ; . BOARD OF COUNTY COMMISSIONERS
DWIGiT'E. BR4CK CLERK OF COLLIER COUNTY. FLORIDA
By: `' _ By:
r " CL� ERK— TIM NANCE. CHAIRMAN
Attest as t _
AT�F " oin y' , THE PARTNERSHIP FOR COLLIER'S
In
Approved as to form and legality
Jennifer A. Belpedy6
Assistant Count- Attorney
FUTURE ECONOMY. INC..
Bv:
t. ID , t Is
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Agenda
Date'
Date
Recd
E.