Loading...
Agenda 06/10/2014 Item #16F5 6/10/2014 16.F.5. EXECUTIVE SUMMARY Recommendation to approve a Memorandum of Understanding between Collier County, Enterprise Florida, Inc. and the Partnership for Collier's Future Economy for the purpose of designating the Partnership for Collier's Future Economy as Collier County's Primary Economic Development Partner Contact with Enterprise Florida,Inc. OBJECTIVE: Designate the Partnership for Collier's Future Economy as Collier County's Primary Partner Contact with Enterprise Florida as established by the Agreement between Collier County and the Partnership for Collier's Future Economy adopted by the Board of County Commissioners at the regular BCC meeting of December 10,2013. CONSIDERATIONS: Enterprise Florida, Inc. (EFI) is a 501(c)(3)non-profit organization, the State of Florida's principal economic development organization designed as a public-private organization to enhance the state's economy and global economic competitiveness. Florida counties are authorized to name a primary partner to: 1) receive leads and work with EFI to develop prospect proposal responses; and 2) facilitate effective communication of EFI's strategies and information to local and regional partners for achieving Florida's economic development goals. This Memorandum of Understanding is a non-binding agreement that establishes basic roles and responsibilities of a collaborative working relationship between the partners to ensure economic development success. By written notice, Collier County may change its primary partner contact designation at any time. FISCAL IMPACT: There is no direct fiscal impact for this action. GROWTH MANAGEMENT IMPACT:None. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: Recommendation to approve a Memorandum of Understanding between Collier County, Enterprise Florida, Inc. and the Partnership for Collier's Future Economy for the purpose of designating the Partnership for Collier's Future Economy as Collier County's Primary Economic Development Partner Contact with Enterprise Florida, Inc. PREPARED BY: Bruce Register,Director, Office of Business &Economic Development Attachments: Proposed MOU with Enterprise Florida,Inc. Packet Page-1952- 6/10/2014 16.F.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.5. Item Summary: Recommendation to approve a Memorandum of Understanding between Collier County, Enterprise Florida, Inc. and the Partnership for Collier"s Future Economy for the purpose of designating the Partnership for Collier"s Future Economy as Collier County"s Primary Economic Development Partner Contact with Enterprise Florida, Inc. Meeting Date: 6/10/2014 Prepared By Approved By Name: OchsLeo Title: County Manager, County Managers Office Date: 6/3/2014 11:36:23 AM Packet Page-1953- 6/10/2014 16.F.5. Memorandum of Understanding Between Collier County, Enterprise Florida, Inc. and The Partnership for Collier's Future Economy, Inc. I. Background Enterprise Florida, Inc. is a 501(c)(3)non-profit corporation. It is not a unit or entity of state government (§288.901(1)F.S.).Enterprise Florida is the principal economic development organization for the State of Florida, designed and structured as a public-private partnership for the express purpose of improving the quality of life for Floridians through the enhancement of the state's economy and economic competitiveness in the global economy(§288.901(2)F.S.). To facilitate job creation in the most efficient manner, Enterprise Florida has established a primary partner approach to distributing lead referrals and coordinating prospect proposals. Each of Florida's 67 counties designates the organization that will be its primary partner contact for Enterprise Florida. II. Purpose of this Memorandum 1. Allow Florida counties to name the primary partner it designates to receive lead referrals from and work with Enterprise Florida to develop prospect proposal responses;and 2. Facilitate Enterprise Florida's desire to effectively communicate strategies and information with local and regional partners that will maximize their contribution toward the achievement the Florida's economic development goals; and 3. Establishes the parameters for a successful partnership between Enterprise Florida and its primary partner,and outlines general responsibilities to be carried out by both parties. III.Non-Binding Agreement This MOU establishes the basic tenements of a collaborative working relationship between Enterprise Florida and its primary partner to create more jobs for Florida, but does not impose a legal obligation on either party. IV.Designation Of Primary Partner Collier County designates The Partnership for Collier's Future Economy, Inc. as its primary economic development organization to receive lead referrals from and work with Enterprise Florida to develop prospect proposal responses. Collier County may change its primary partner designation at any time by written notice. Packet Page-1954- 6/10/2014 16.F.5. Under this MOU, Enterprise Florida and The Partnership for Collier's Future Economy, Inc., will maintain their own autonomy while collaborating to increase job creation for the local area, region and state. V. Parties' Roles &Responsibilities As the competition for job creation opportunities becomes more intense, Enterprise Florida and The Partnership for Collier's Future Economy, Inc., can greatly improve chances of success by performing tasks that coordinates efforts and leverages the strengths of both entities. VI.Partnership The Partnership for Collier's Future Economy, Inc., will share information about Enterprise Florida programs and activities to local constituents, local government, chambers of commerce and other organizations that support local economic development initiatives. This information may be shared through The Partnership for Collier's Future Economy, Inc.'s website, brochures, pamphlets, area broadcast media,and other appropriate channels. The Partnership for Collier's Future Economy, Inc. agrees to serve as the primary point of contact for Enterprise Florida to supply disaster recovery information and assistance to businesses throughout Collier County. VII.Business Development Enterprise Florida is responsible for generating prospect leads at the state level and disseminating those leads to the primary partner in each county that meets the project's stated criteria for a relocation/expansion site. The Partnership for Collier's Future Economy, Inc. will make every effort to connect with Enterprise Florida early in the prospect development phase to maximize Florida's chances of success.Enterprise Florida will provide continuing technical assistance and project support as needed. 1. As mutually agreed,Enterprise Florida will support projects,initiatives and prospect development activities of The Partnership for Collier's Future Economy, Inc.. In turn, The Partnership for Collier's Future Economy, Inc. will alert Enterprise Florida of said activities and needed assistance with as much advance notice as possible. 2. The Partnership for Collier's Future Economy, Inc. agrees to the best of their ability to conduct regular business retention visits with Collier County companies to ensure that existing businesses receive the assistance necessary to stay and grow in Florida. Enterprise Florida offers programs and services to assist primary partner with business retention&expansion efforts. 3. Upon request Enterprise Florida will provide The Partnership for Collier's Future Economy, Inc. with information and technical assistance on state-level business incentive programs and other resources that support job growth. Working in cooperation with the Florida Department of Packet Page-1955- 6/10/2014 16.F.5. Economic Opportunity and other agencies, as appropriate, Enterprise Florida will offer advice and guidance to The Partnership for Collier's Future Economy, Inc. in completing applications for state incentives programs. 4. The Partnership for Collier's Future Economy, Inc. will make every effort to inform Enterprise Florida of job announcements at the earliest opportunity. 5. Enterprise Florida will establish standards for local primary partner responses to prospect inquiries. The Partnership for Collier's Future Economy, Inc. agrees to adhere to the established standards and respond"Yes"or"No"about its intent to respond to project referrals. 6. Enterprise Florida regularly produces time sensitive reports, documents and publications on economic development in Florida. The Partnership for Collier's Future Economy, Inc. will provide data to Enterprise Florida on a timely basis that supports these efforts. Information requested may include data relative to strategies, industries, community assets, trends, analysis, marketing,funding,et.al. VIII.Marketing& Communication 1. Enterprise Florida will lead the efforts for statewide economic development marketing,research, advertising and public relations,with input and involvement by primary partners.The Partnership for Collier's Future Economy, Inc.agrees to support Enterprise Florida's cooperative marketing programs,when appropriate, including statewide coordinated prospect events,trade missions,and advertising/public relations campaigns. 2. Enterprise Florida is responsible for marketing and branding Florida as a pro-business destination. The Partnership for Collier's Future Economy, Inc. is responsible for marketing its respective communities, defming its economic vision and image,and ensuring that the messaging does not contradict established statewide marketing/branding strategy. 3. The Partnership for Collier's Future Economy, Inc. may use the eflorida.com logo on marketing materials, ads and promotional material with prior approval. Use of the logo does not imply that the organization represents EFI or is affiliated in anyway outside of the scope of this agreement. The Partnership for Collier's Future Economy, Inc. will provide Enterprise Florida with a courtesy copy of any materials that include the eflorida.com logo. IX. Terms of Agreement This MOU will become effective upon signing by all parties and will remain in force until Enterprise Florida is notified in writing that Collier County has appointed a different organization to lead its economic development efforts or is no longer interested in continuing this agreement. j3 Packet Page-1956- 6/10/2014 16.F.5. This MOU may only be amended by mutual agreement of all parties in writing. As to Collier County: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, CHAIRMAN As to Enterprise Florida,Inc. : By: Gray Swoope,President&CEO Date As to The Partnership for Colli ' re Economy,Inc.: By: C■gillr John Cox,President&CEO ( IS, 1 Date Approved as to form and legality: Jeffrey A. Klatzkow County Attorney Packet Page-1957- • 6/10/2014 16.F.5. • AGREEMENT BETWEEN COLLIER COUNTY,FLORIDA AND THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY,INC. This AGREEMENT is made and entered into this 10th day of December, 2013, by and between Collier County, a political subdivision of the State of Florida(the"COUNTY")and The Partnership for Collier's Future Economy, Inc. (Partnership), a private non-profit corporation existing under the laws of the State of Florida), whose address is 2390 Tamiami Trail N #210, Naples, FL 34109 (the"PARTNERSHIP"). WITNESSETH WHEREAS, the COUNTY has determined that strategic planning, business recruitment (on national and international levels), expansion, creation and retention efforts through the PARTNERSHIP 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 PARTNERSHIP 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 PARTNERSHIP desires to be a "Partner" 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 PARTNERSHIP, in concert with the BCC, has determined that the strategies to achieve such objectives include those below: • Engage in a Strategic Planning Process • Marketing Collier County in order to attract employment opportunities for residents; • Recruiting new businesses; - • Providing existing businesses with access to long-term expansion/retention services; and • Engaging Enterprise Florida as Collier's Point of Contact. WHEREAS, the COUNTY desires to have the PARTNERSHIP provide private sector leadership to achieve the strategies set forth above and the PARTNERSHIP is willing to undertake such functions under the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations.contained herein, and other good and valuable consideration, the COUNTY and the PARTNERSHIP agree as follows. Packet Page-1958- 6/10/2014 16.F.5. r-� ARTICLE I SCOPE OF SERVICES The PARTNERSHIP shall promote economic development for the COUNTY by providing the services and activities described in Exhibit "A" — Scope of Services, attached hereto and by reference made a part hereof. It is understood by the COUNTY that the PARTNERSHIP will retain the services of Market Street Services, Inc., ("Market Street"), an internationally known and recognized community and economic development organization under a subcontract agreement(?)to perform and assist the Scope of Service identified in Exhibit"A". ARTICLE II PERIOD OF AGREEMENT This Agreement shall be effective upon execution by both parties and shall cover services provided from December 10, 2013, until September 30, 2014, unless otherwise terminated in accordance with this Agreement or extended by mutual written Agreement of the parties. ARTICLE III CONSIDERATION AND LIMITATION For its performance under this Agreement, the PARTNERSHIP will receive funds from the COUNTY in an amount not to exceed One Hundred and Eleven Thousand Dollars ($111,000.00). It is intended that the services performed by PARTNERSHIP shall be on a cost reimbursement methodology for actual eligible expenditures. PARTNERSHIP shall be entitled to request reimbursement of expenses incurred subsequent to BCC approval of this Agreement, such requests occurring no more frequently than on a monthly basis for reimbursement of eligible expenses. For purposes of this Agreement, "eligible expenses" shall mean those expenditures made by the PARTNERSHIP which shall include one-half of assigned staff personnel expenses, contractual and management fees and obligations and such other reimburseable expenses agreed to be paid by the COUNTY, including more specifically specified in the Budget Detail for Services as listed at 100%of the COUNTY'S 50% obligations for reimbursement attached hereto as part of Exhibit"B". All invoices shall be submitted in accordance with COUNTY procedures and in a form acceptable to the COUNTY and the PARTNERSHIP as generally outlined in Composite Exhibit "B" — Method of Payment and Budget Detail for Services and Exhibit "C" - Request for Payment Form,attached hereto and by reference made a part hereof. Eligible operating expenses incurred to provide services consistent with the scope of services described in Exhibit "A" are outlined in Exhibit "B". No COUNTY funds will be expended for the PARTNERSHIP'S purchase of equipment (with the exception of software and other digital and electronic tools, i.e. website creation,Business Retention/Expansion software, etc.), food, beverages or entertainment costs or in support of business membership functions. - 2 - Packet Page-1959- 6/10/2014 16.F.5. ARTICLE IV PAYMENT AND REPORTING REQUIREMENTS All payment requests by the PARTNERSHIP to the COUNTY shall be submitted with a completed Program Performance Report in a form acceptable to the COUNTY and the PARTNERSHIP, as generally outlined and set forth in Exhibit "C" attached hereto and by reference made a part hereof. Payments to the PARTNERSHIP will be made within thirty (30) days of requests therefore in accordance with the procedures specified by Composite Exhibit`B" - Method of Payment and Budget Detail for Services. If the COUNTY determines, through its inspection or review that the PARTNERSHIP has performed, or is performing less than the total agreed upon services, then the COUNTY shall notify the PARTNERSHIP in writing specifying those services which it alleges have not been performed or fully performed and the PARTNERSHIP shall have thirty (30) days from receipt thereof to submit a then current Program Performance Report which shall address such allegations in detail and/or shall meet with the appropriate representatives of the COUNTY to discuss resolution thereof and cure or remedy any services not fully performed, and upon failure thereof, the COUNTY shall be entitled to reduce payment otherwise due for such services not fully performed on a pro-rata basis. Performance will be measured by such standards as shall from time to time be agreed upon between the COUNTY and the PARTNERSHIP, including, if applicable, the defined Scope of Services set out in Exhibit"A"or a percentage of defined service goals completed. The PARTNERSHIP shall submit its final payment request, Program Performance Report, and year- end analysis, and any other required reports within forty five (45) days of the expiration or earlier termination of this Agreement. If the PARTNERSHIP fails to comply with the requirements of this Article, the COUNTY may refuse to honor or be liable for payment of any n late request for payment. ARTICLE V MAINTENANCE OF RECORDS The PARTNERSHIP shall maintain such financial records and accounts, including invoices, purchase orders and backup materials or documents as are deemed necessary.to assure a proper accounting for all COUNTY funds for which the COUNTY is obligated to reimburse the PARTNERSHIP under the terms of this Agreement The aforesaid records and accounts shall be made available for inspection purposes at reasonable times and upon reasonable notice during normal business hours and as often as the COUNTY may deem necessary to verify reimbursements and any other financial records or matters covered by this Agreement. The PARTNERSHIP shall also provide timely and reasonable access to the PARTNERSHIP's CEO at times convenient for the CEO for the purpose of questions or explanations related to such records and accounts. The PARTNERSHIP 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 litigation. - 3 - Packet Page-1960- 6/10/2014 16.F.5. ARTICLE VI INDEMNIFICATION The PARTNERSHIP shall indemnify, hold harmless, and defend the COUNTY, its agents and employees from and against any and all liabilities, losses, claims, damages, demands, expenses or actions, either at law or in equity, including court costs and attorneys' fees,that may hereafter at any time be made or brought by anyone on account of personal injury, property damage, loss of monies, or other loss, allegedly caused or incurred, in whole or in part, as a result of any negligent, wrongful, or intentional act or omission, or based on any act of fraud or defalcation by the PARTNERSHIP, its agents, subcontractors, assigns, heirs, and employees during 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 PARTNERSHIP with Article XI of this Agreement. In any and all claims against the COUNTY or any of its agents or employees by any employee of the PARTNERSHIP, any subcontractor, heir, assign,anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall be limited to the amount or type of damages, compensation or benefits payable by or for the PARTNERSHIP 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 PARTNERSHIP. The aforesaid termination notices, as well as all other notices required herein, shall be considered received by the PARTNERSHIP and the COUNTY if sent by certified mail, return receipt requested, or by overnight personal delivery service requiring a signature for delivery, and addressed as provided for in Article XXVIII of this Agreement. ARTICLE VIII EQUAL OPPORTUNITY CLAUSE The PARTNERSHIP agrees 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 part hereof. Upon completion of the services provided for in this Agreement, the PARTNERSHIP 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 V. - 4 - Packet Page-1961- 6/10/2014 16.F.5. • ARTICLE IX �. STATEMENT OF ASSURANCE During the performance of this Agreement, the PARTNERSHIP assures the COUNTY that the PARTNERSHIP is in compliance with Title VII of the 1964 Civil Rights Act, as amended,.the Florida Civil Rights Act of 1992, as amended, and the Collier County Human Rights Ordinance (Ordinance No. 00-37), in that the PARTNERSHIP does not, on the grounds of race, color, national origin, religion,sex, age, handicap or marital status, discriminate in any form or manner against the PARTNERSHIP's employees or applicants for employment. Further, the PARTNERSHIP assures the COUNTY of the PARTNERSHIP s compliance with the Americans with Disabilities Act of 1990, as amended, as applicable. The PARTNERSHIP understands and agrees that this Agreement is conditioned upon the veracity of such statements of assurance. Furthermore, the PARTNERSHIP assures the COUNTY that it will comply with Title 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 PARTNERSHIP shall provide and maintain the following insurance coverages in the amounts specified throughout the period of this Agreement on behalf of the PARTNERSHIP and the COUNTY, by naming the COUNTY as an additional insured under the 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 PARTNERSHIP. The PARTNERSHIP shall maintain workers' compensation coverage as required by Florida law. All insurance shall be from responsible companies duly authorized to do business in the State of Florida Every insurance policy must provide for up to thirty (30) days prior written notice to the COUNTY of any cancellation, intent not to renew, or reduction in the policy coverage. Coverage shall be documented by a Certificate of Insurance. ARTICLE XI CONFLICT OF INTEREST - The PARTNERSHIP represents that it presently has no interest, and shall acquire no such interest, financial or otherwise, direct or indirect, nor engage in any business transaction or professional activity; or incur any obligation of any nature which would conflict in any manner with the performance of service required hereunder. 5 - • Packet Page-1962- 6/10/2014 16.F.5. ARTICLE XII DRUG FREE WORKPLACE The PARTNERSHIP shall administer, in good faith, a policy designed to ensure that the PARTNERSHIP's employees, agents and subcontractors are free from 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 PARTNERSHIP is providing services funded by the United States Government. Venue shall be in Collier County, Florida. ARTICLE XIV COMPLIANCE The PARTNERSHIP shall comply with the requirements of all federal, state, and local laws,rules, codes, ordinances and regulations pertaining to this Agreement. ARTICLE XV ASSIGNMENT Neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party. ARTICLE XVI HEADINGS Article headings have been included in this Agreement solely for the purpose of convenience and shall not 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. - 6 Packet Page-1963- 6/10/2014 16.F.5. ARTICLE XVIII ADDITIONAL RIGHTS AND REMEDIES Nothing contained herein shall be construed as a limitation on such other rights and remedies available to the parties at law, or in equity, which may now or in the future be 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 PARTNERSHIP pursuant to this Agreement must recognize the contribution of the BCC. The PARTNERSHIP being a not-for-profit corporation receiving public funding or non-monetary contributions through the COUNTY shall recognize the COUNTY for its contribution 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 funding source. In written materials, the reference to the COUNTY must appear in the same size letters and font type as the name of any other funding sources. In addition, any development project announcement, ceremonial business opening, or publicity event resulting from efforts of the PARTNERSHIP, 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. - 7 - Packet Page-1964- • 6/10/2014 16.F.5. ARTICLE X.XII SURVIVABILITY Any term, condition, covenant or obligation which requires performance by either PAY subsequent to termination of this Agreement shall remain enforceable against such party subsequent to such termination. ARTICLE XXIII THIRD PARTY BENEFICIARIES This Agreement is for the benefit of the COUN'I'Y and the PARTNERSHIP. No third party is an intended beneficiary so as to entitle that person to sue for an alleged breach of this Agreement. ARTICLE XXIV POLITICAL ACTION The PARTNERSHIP shall not engage, participate or intervene in any form of political campaign on behalf of, or in opposition to, any candidate for political office. ARTICLE XXV MERGER., MODIFICATIONS This writing embodies the entire agreement and understanding between the parties hereto and there are no other agreements and/or understandings, oral or written, with respect to the subject matter hereof, that are not merged herein and superseded hereby. This Agreement may 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 PARTNERSHIP. 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 PARTNERSHIP. Any program modification must be requested by the PARTNERSHIP and/or the COUNTY 'at least ninety(90) days prior to the end of the period of this Agreement. ARTICLE XXVI KEY PERSONNEL The PARTNERSHIP's personnel and management utilized for delivery of service and activities described in EXHIBIT A shall be knowledgeable in their respective areas of expertise. ARTICLE XXVII NOTICES All notices required or permitted to be given by a party under this Agreement shall be in writing and sent to the other party by certified mail, return receipt requested, or by overnight personal delivery service requiring a signature for delivery,and shall be addressed as follows: 8 Packet Page-1965- • 6/10/2014 16.F.5. If to the COUNTY: Collier County If to the PARTNERSHIP: Partnership Mr. Leo Ochs, County Manager John S. Cox,President and CEO Collier County Partnership For Collier's Future Economy 3299 Tamiami Trail East, Ste.201 2390 Tamiami Trail N., Ste.210 Naples,FL 34104 Naples,FL, 34109 IN WITNESS WHEREOF, this Agreement was dated on the day and year first written above. WITNESSES: COLLIER COUNTY, a political subdivision ‘(\(\a „ 1! Of the State of Florida i 0 n ..�1. •al 7.1U By: 41�G1'9- ‘ Print Name: La, . �, r, Title: C-:,u,,rky 1114aii .er WITNESSES: THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY,INC., a Florida `). ti.mot C c, r r 4 '`1 not-for-profit corporation )---a---/vLi---L.-- et..4.91.7L Cc.�� By: �I al Print Name: 4. e3 _ Title: ,i? STATE OF FLORIDA COUNTY OF COLLIER Acknowledged before me this day of , 2013, by , the , of Collier County, a political subdivision of the State of Florida, on behalf of the political subdivision. Such person is personally known to me or has produced as identification. Print Name: Notary Public (SEAL) - 9 - Packet Page-1966- 6/10/2014 16.F.5. STATE OF FLORIDA COUNTY OF COLLIER Acknowledged before me this day of , 2013, by the , of The Partnership for Collier's Future Economy, Inc., on behalf of the non-profit corporation. Such person is personally known to me or has produced as identification. Print Name: Notary Public (SEAL) - 10 - Packet Page-1967- 6/10/2014 16.F.5. EDIT A SCOPE OF SERVICE FY2014 ORGANIZATION: PARTNERSHIP: The Partnership for Collier's Future Economy, Inc. PROGRAM: Economic Development Services The PARTNERSHIP shall provide the following activities for reimbursement: Strategic Planning: Develop A STRATEGY FOR ECONOMIC DEVELOPMENT FOR COLLIER COUNTY outlining specific strategies and objectives leading towards those goals. The plan will be supported by data and analysis and will also examine the COUNTY'S competitiveness as the best place in America to live, work and visit. The Plan will be completed as follows: Phase 1: Competitive Assessment The Competitive Assessment will provide a detailed examination of Greater Naples' competitiveness as a place to live, work, visit, and do business. During this phase, we will evaluate both quantitative and qualitative data as well as previous research conducted. The quantitative analysis will build on the Collier County Comparative Analysis Project completed by Hodges University in 2012 which provided a statistical overview of the COUNTY compared to 10 other Florida counties. Our Assessment will take this informative, baseline data a step further by expanding the universe of data and by benchmarking Collier County againct three carefully-selected national peer and aspirational communities, the State of Florida, and the United States. Rather than simply describing trends for a variety of data points, the Competitive Assessment will synthesize key findings from the quantitative and qualitative analysis to frame the discussion around the key "stories" and competitive issues facing the community. This approach is intended to produce a resource that does not simply identify key findings but uses them to deter ine strategic implications for the community. An Analysis of Greater Naples' "People,Place, and Prosperity" We will analyze indicators to assess the community's competitiveness across a wide variety of areas. The final list of indicators to be examined will be developed once a more comprehensive understanding of the issues facing the COUNTY is gleaned from introductory research and qualitative input. Our commitment to holistic community and economic development strategic planning ensures that the Assessment will answer key questions about Greater Naples' People, the community as a Place, and economic structure issues that affect Greater Naples' long-term Prosperity. Some of the indicators that may be included are: - 11 - Packet Page-1968- 6/10/2014 16.F.5. • • Focus groups and interviews: Our consultant team,Market Street, will conduct two days - of input approximately six weeks after the project kickoff meeting is held,including 10-12 interviews and 8-10 focus groups. This represents what we perceive as the minimum input necessary to adequately inform the research and strategic planning phases. Ideal interview candidates are key business leaders, elected officials, regional and state economic development partners, representatives from the education community, Excellence in Industry Award recipients, Leadership Collier graduates, and other community leaders. Focus group categories could include small business owners and entrepreneurs, large employers, K-12 educators, higher education representatives from the surrounding region, young professionals, community and economic development professionals, innovation leaders, and elected and/or appointed officials. The appropriate schedule, balance, and composition of interviews and focus groups will be determined during the project initiation call. • Online survey:Market Street would also develop and host an online survey that would be open to all residents and employers throughout Greater Naples. The survey could be promoted using a variety of outreach methods, including email distribution lists, social media tools, local media outlets, and partnerships with local service providers and business establishments. Market Street would work with the client to identify the ideal survey tool and publicity methods including time-tested and cost-effective survey tools like SurveyMonkey.com. Our team will work closely with the Partnership and other stakeholders to align the survey with other ongoing business polling activities to avoid duplication. • Project website: Finally, our team recommends that a project website be developed to allow all stakeholders full access to the process and key deliverables once the Steering Committee has approved these deliverables for public distribution. The project website provides an ideal location for the survey to be prominently promoted. For an example of a current Market Street project website,please see maconbibbedstrategy.com. Phase 2: Target Business Analysis Communities across the country are pursuing economic development strategies that seek to support the development of agglomerations of related business and institutions that can benefit from co-location and leverage the unique assets and advantages that the communities have to offer. Our Target Business Analysis will identify those sectors of economic activity within Greater Naples that can drive future growth and wealth creation given the presence of existing assets that make the community a desirable location for such activities. Understanding that Greater.Naples leaders consider existing business clusters to include Health Services, IT, Biotech, Lively Arts, Finance, Hospitality, Retail, and Building Real Estate, our team will seek to precisely define these clusters, confirm their viability and identify other targets - 12 - Packet Page-1969- 6/10/2014 16.F.5. that could add to the community's prosperity, including the articulation of specific sub-sector opportunities. -- - Market Street's approach and key concepts In the field of economic development, there are many methods used to identify economic development targets; however, many are based on incomplete or strictly industry-focused (business-sector-focused) methodologies. Such approaches ignore a variety of important issues from workforce attributes to educational assets to geographic advantages, all of which are vital to businesses. Market Street's approach to target identification is rooted in an examination of the region's workforce-the occupations and types of knowledge that support the region's business activities — as opposed to strictly focusing on business sector composition and growth. This "bottom up" approach stands in contrast to the traditional "top down" approach long utilized in cluster identification and analysis; it recognizes the ever-increasing importance of talent and workforce sustainability to the business community. It is complemented by an evaluation of the region's business climate, infrastructure, research assets, educational programs, and many other items that factor into site location decisions for specific types of business activity. The research related to business sector and occupational composition conducted for this phase of the process will be based on analysis of trends observed in Collier County. However, consideration will also been given to regional assets located outside of Greater Naples as well. Data covering inter-industry purchases provides tremendous insight into the degree to which firms benefit from co-location and the ability to purchase products and services from local suppliers. By examining the percentage of a sector's requirements (expenditures) that are satisfied within the community(Collier County), it is possible to determine areas of expenditure leakage. When firms purchase goods from suppliers outside the community, money is leaving Greater Naples. When leakage is reduced, employment and income multipliers rise. That is to say, when leakage is reduced and clustered firms are sourcing locally, the economic impact of each new job created is maximized. Methodology The Target Business Analysis will present a variety of data points covering concepts such as business sector employment composition, wages, establishments, occupational composition, workforce demographics, exports, inter-industry expenditures, job openings, and degree completions. All of the aforementioned quantitative data is sourced from Economic Modeling Specialists, Inc. (EMSI), an industry-leading provider of proprietary data, aggregated from public sources such as the Census Bureau, the Bureau of Labor Statistics, the Bureau of Economic Analysis, the National Center for Education Statistics, CareerBuilder, and many others. EMSI was acquired by CareerBuilder in 2012. Phase 3:Marketing Review An analysis of the Chamber and Partnership's y;economic development marketing efforts will complement the target business research by confirming the viability of existing programs v `' .1 and identifying potential enhancements to --EXPb�T future efforts. Our team will work closely with - 12 Packet Page-1970- _ �� 6/10/2014 16.F.5. Chamber and Partnership staff to gain a full understanding of the overall marketing process to date. - Using best-practice methodologies and our expertise in economic and workforce development, Market Street will review' current marketing efforts spearheaded by the Chamber and Partnership. The Review will include an assessment of the Chamber's website to gauge its effectiveness as marketing tools, with specific consideration of appearance, content, effectiveness, and utility for external audience information gathering and data collection. There will also be a review of advertising and collateral materials, inbound/outbound marketing events, public relations,trade shows, site location professional visits, and branding and identity-building efforts. Coupled with the key findings of the Competitive Assessment and Target Business Analysis, Market Street will leverage the principal takeaways of the Marketing Review to directly inform development of key components of the Community and Economic Development Strategy. Phase 4: Community and Economic Development Strategy The Community and Economic Development Strategy serves as the blueprint for ensuring that the Partnership will be able to fulfill its commitment to assure continued growth and viability in Collier County and for the municipalities within the COUNTY. It will also be a holistic strategy, with tactical, measurable, and actionable details that will serve as the Partnership's program of work. The development of the Strategy will be guided by a proven approach that encourages full engagement by the Steering Committee. Our methods include the steps outlined on the following pages. Review of Key Findings from Previous Deliverables and Input:The basis of the Strategy will emerge from the prioritized targets, existing plans, quantitative research, and stakeholder input. Issues and opportunities identified serve as the framework to match potential strategies for economic development. Draft Community and Economic Development Strategy: The draft Strategy will include suggested goals for each key issue area, developed with close guidance from the Steering Committee. Potential objectives and action steps for each goal area will be discussed and explored. The draft will be inclusive of all recommended actions that the research determines are necessary for Greater Naples to maximize its potential related to quality economic growth and diversification. These recommendations will be informed by existing plans, research, and extensive stakeholder and Steering Committee input. Intensive Steering Committee feedback: Before the draft Strategy is finalized, Market Street will incorporate feedback provided by the Steering Committee. Facilitating robust discussions around the proposed strategic elements and incorporating edits to balance what is realistically achievable with the civic responsibility to be visionary and bold is crucial to "getting it right." - 14 - Packet Page-1971- 6/10/2014 16.F.5. • Prior to the meeting, Steering Committee members will be asked to complete an online survey related to the draft Strategy's recommendations,the degree to which they support the recommendations,and how they should be prioritized. • Market Street will use these survey results to identify areas of consensus and disagreement according to standard deviation. These results will inform facilitation of the Steering Committee meeting so- that discussion of the draft Strategy will be maximally productive. • During the meeting,PowerPoint-compatible Turning Point interactive voting will be used to further spur conversation. Best Practice Recommendations:Market Street will supplement the Community and Economic Development Strategy with best practices examples from across the nation that further explain the individual components of the strategy. These best practices showcase what trailblazers in the field are doing in order to demonstrate what is possible and can serve as a catalyst for conversation and excitement about how the Partnership and others may develop its own best- practice approaches. The best practices included throughout the Community and Economic Development Strategy will provide Greater Naples with a similar chance to learn from innovations and successes occurring elsewhere around the country. F1ual Strategy: The final Strategy will incorporate.the feedback provided by the Steering Committee and the best practices previously described. n Phase 5:Implementation Plan Market Street believes that when the strategic planning process is complete,the real work begins. We do not plan for the sake of planning or create strategies designed to sit on a shelf. Providing guidance for timely and effective implementation is one of our core tenets. As "change agents," the Partnership and Chamber must be inspired by the Strategy. However, they also must have a blueprint to activate the Strategy's objectives on a day-by-day, month-by- month, and year-by-year basis until the goals are achieved. While the Partnership will lead implementation, it will take the complete universe of community partners, including the Collier County Office of Business and Economic Development, to effectively activate the Strategy's multiple activities. Tactical action steps that concern key elements like workforce quality, infrastructure capacity, quality of life and quality of place amenities, public safety, and other issues will require "a team effort." The importance of the Implementation Plan cannot be undersold.. If the Strategy represents what Greater Naples needs to do, the Implementation Plan determines how to do it. The Implementation Plan will serve the dual purpose of both operationali7ing the Community and Economic Development Strategy and aligning the organizational structure and operations of the Partnership with the Strategy. As such, the Plan will serve as the "road map" for putting the Community and Economic Development Strategy into motion. Key components of the Implementation Plan will inform the partnerships required and progress-tracking tools necessary for the Partnership to coordinate strategic implementation.These components include: - 15 - Packet Page-1972- 6/10/2014 16.F.5. • Capacity and.Budget Considerations: Market Street will assess the Partnership and Chamber's existing capacity to implement the Strategy, using previous interviews and ongoing discussions with staff and volunteer leaders. This will be inclusive of both funding and personnel dynamics needed to successfully carry the organization through the five-year implementation cycle of the Strategy. Based on the findings of the research phase and the subsequent feedback,Market Street will assist in determining how to best mitigate resource or staff capacity issues. Measurement Tools: The Implementation Plan will include benchmarks and performance measures that will enable the Partnership and primary stakeholders to track the progress of implementation and goal attainment. Each goal area will have activity measures and longer-term performance measures. Performance measures include discrete, measurable indicators that reflect the effectiveness of the Strategy, such as per capita income, share of residents with a four- year college degree, poverty rates, average annual wages, commuting times, or other data-driven, objective gauges of regional progress Activity measures include actions to pursue and track while implementing the Strategy. Examples include the number of recruitment leads generated from business retention and expansion visits,the creation of target marketing plans, and the number of small business owners and entrepreneurs assisted. Action Plans:Market Street will assist with the prioritization of key action steps for the first year of implementation. These activities will include some"quick wins" and the start of certain long- term efforts. A detailed action plan will also be created for year one and years two through five of implementation. The Action Plans will include recommendations for estimated launch and completion date of the activity, lead and support implementation entities, and for some actions, potential cost to implement. The detailed Action Plans will help the Partnership and its implementation collaborators operationali7e the strategy on a daily basis and provide for seamless transition from planning to action. Market Street will also work with the Partnership and Chamber to determine the communications protocols that will best advance the initial outreach and consensus-building for the Community and Economic Development Strategy. This includes the potential development of press releases, Speaker's Bureau PowerPoint presentations, and an Executive Summary brochure highlighting the plan's key recommendations and activities. d Staff Support: The Partnership will designate and provide a staff t rthe PARTNERSHIP Wages by the Benefits, Payroll Taxes and related expenses shall be reimbursed COUNTY at fifty percent (50%) of PARTNERSHIP'S cost on a monthly basis, and whose job will be to provide support services in accomplishing the above referenced Strategic Planning Process and to provide support services to the PARTNERSHIP in achieving the mutually agreed upon goals by the COUNTY and PARTNERSHIP. - 16 Packet Page-1973- 6/10/2014 16.F.5. • The Partnership's 2014 Deliverables (Reimbursable and Auditable): The PARTNERSHIP and the COUNTY agree that work on the above mentioned items will begin in December 2013 and work will continue through the fiscal year producing the agreed upon net results. Specific, annual,reimbursable deliverables include: 1. A Strategic Plan For Economic Development. 2. A Dedicated Staff Person retained by the PARTNERSHIP. Additional Provisions (Non Reimbursable): 1. The Partnership will serve as the Primary Contact with Enterprise Florida and will participate in international and domestic.recruitment missions, building relationships with statewide developers and national site selectors and represent Collier County at national and international events. 2. The Partnership will promote the economic development of Collier County by increasing international awareness of the COUNTY while encouraging international investment into the local economy. This initiative will include such efforts as trade missions to foreign countries,relationship-building with international site consultants, and maintaining international contacts. 3. Marketing, Recruiting and Retention/Expansion efforts will be determined by the Strategic Planning Process. The County Office Of Business And Economic Development Deliverables: The COUNTY, throe•h its Office of Business and Economic Development, agrees that in addition to the work of the PARTNERSHIP the COUNTY will: 1. Present its 2014 Business Plan to the County Commission for adoption 2. Establish local Incentive Policies 3. Explore the feasibility of and acquire resources for a business incubator/accelerator focused on Foreign direct Investment and international linkages 4. Improve the COUNTY'S business climate by providing regulatory reform, assistance and other services. - 17 - Packet Page-1974- 6/10/2014 16.F.5. COMPOSITE B METHOD OF PAYMENT FY2014 ORGANIZATION: The Partnership For Collier's Future Economy(PARTNERSHIP,) PROGRAM: Economic Development Services RELEASE OF FUNDS SHALL BE IN ACCORDANCE DA OMP WITH APPROVED E BUDGET WILL BE MADE UPON RECEIPT PAYMENT FORM EVERY THIRTY (30) DAYS. NO MODIFICATIONS WITHIN BUDGET CATEGORIES SHALL BE FUNDED UNLESS PRIOR WRITTEN APPROVAL HAS BEEN GRANTED BY THE COUNTY ADMINISTRATOR, WHICH APPROVAL SHALL BE CONSISTENT WITH THE TERMS OF THE COUNTY/PARTNERSHIP BUDGET AND AGREEMENT AND NOT UNREASONABLY WITHHELD. PAYMENT REQUESTS SHALL NOT BE SUBMITTED FOR A PERIOD OF LESS THAN ONE MONTH. ONS COUNTY'S FISCAL YEAR COMMENCES ON OCTOBER 1ST AND ENDS 30TH OF THE FOLLOWING CALENDAR YEAR. INVOICES FOR SERVICES DELIVERED BETWEEN OCTOBER 1ST AND SEPTEMBER 30TH MUST BE RECEIVED NO LATER THAN OCTOBER 10TH OF EACH YEAR TO ALLOW CLOSEOUT OF THE COUNTY'S FISCAL YEAR IN NO EVENT HOWEVER, SHALL PAYMENTS TO THE PARTNERSHIP UNDER THIS AGREEMENT EXCEED $111,000.00 PER COUNTY FISCAL YEAR. TOTAL (County Portion) $111,000.00 (annual) The requests for payment shall include the report on progress on the strategies and tasks identified in the agreed Scope of Services. - 18 - Packet Page-1975- 6/10/2014 16.F.5. BUDGET DETAIL FOR SERVICES FY2014 ORGANIZATION,Partnership for Collier's Future Economy(PARTNERSHIP) PROGRAM: Economic Development ((� pC "�5'x"l°]Ct11f3 ,,t � SA '°� L'"� 'yi�� �'w," si1 ,. acB774RCC�r �"4-r .. . ��, ''.:^..k�.:�; a«.�e...�x4r_. .. �nt��„ ,.� _,.,.-.�•^. k:•.z..:� .'� .�',,w-4;�';"'r�aF .� rr°icAt'_.•, 'Y,,..?',... ,.N^f....i-f, �. _ 'x.:r.'-,. "9'.�91'?�',:. SALARIES EMPLOYEE BENEFITS PERSONNEL SUBTOTAL $34,000.00 MANAGEMENT FEES $6,000.00 CONTRACTUAL SERVICES $71,000.00 CLIENT ASSISTANCE - TRAVEL OTHER OPERATING EXPENSES EQUIPMENT ACQUISITION TOTAL BUDGET CATEGORIES $111,000.00 per County Fiscal Year- . NOTE: When completing payment requests,complete the appropriate forms and attach detailed documentation identifying obligations or expenses in the above budget categories only. - 19 - Packet Page-1976- 6/10/2014 16.F.5. • EXHIBIT C PROGRAM PERFORMANCE REPORT FY2014 ORGANIZATION: The Partnership for Collier's Future Economy(PARTNERSHIP PROGRAM: Economic Development REPORT PERIOD THROUGH PERCENTAGE OR SCOPE OR SERVICES OR COMPONENTS OF CONTRACT COMPLETED I. ACCOMPLISHMENTS: II. PROBLEMS: III. STATUS REPORT ON PROVISION OF SERVICES: (include report period and year- to-date) SCOPE OF ANNUAL YEAR SERVICE PROGRAM REPORT TO % OF GOAL PROVIDED GOAL PERIOD DATE COMPLETED (See attached scope of work for detailed deliverables,benchmarks and performance measures.) IV. OTHER COMMENTS: SUPPORTING ATTACINTS: Along with summary report,provide Project details by the four identified deliverables. For specific activities,including applicable accomplishments in: number of missions, conferences,publications,meetings, and other measurable steps. Attach and Project Detailed Expense r verification of payroll � XP reports. All original time sheets,invoices and cancelled checks or completed wire transfers are to be readily accessible. Copies of press releases,media placement and other ads to be maintained and available for on-site review. Packet Page-1977- 6/10/2014 16.F.5. INSTRUCTIONS FOR PROGRAM PERFORMANCE REPORT THE PURPOSE OF THIS REPORT IS TO PRESENT A CONCISE REVIEW SUMMARIZING THE PARTNERSHIP'S ACTIVITIES FOR THE COUNTY FUNDED PROGRAM. USE ADDITIONAL PAGES ONLY IF NECESSARY/REQUIRED. The Partnership: Provide name of the PARTNERSHIP as it appears on your Agreement. Program: Provide title of the program or general service area as contracted. It is defined in the Agreement between the COUNTY and the PARTNERSHIP for economic development. Report Period: Identify dates covered by this narrative report. After the first report, begin with ending date of the previous report. I. Accomplishments Highlight significant or major accomplishments in the COUNTY funded program during the report period. II. 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 or funding. III. Status Report on Provision of Services, Goals and Objectives (Report period and near-to- date) Report statistically on program goal achievements for report period and year-to-date total. IV. Other Comments Use this section for general remarks regarding PARTNERSHIP, etc. General information to assist in understanding the program's operation and purpose may be included. Provide any Required Attachment. Packet Page-1978-