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Backup Documents 09/25/2018 Item #11G ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 G TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office p Q I oZ$ l g 2. BCC Office Board of County VS Commissioners 3. Minutes and Records Clerk of Court's Office f' t(;i0 a.1n PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sean Callahan Phone Number 239-252-8348 Contact/ Department t -'(, Agenda Date Item was September 25,2018 Agenda Item Number * 3 Approved by the BCC Type of Document Executive Director—Corp Business Ops Number of Original 1 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable col ever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature. (STAMP OK) N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the Yes document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's Yes signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip Yes should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during Yes the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready fo e acd, Chairman's signature. �`� I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 1 G MEMORANDUM Date: September 28, 2018 To: Sean Callahan, Division Director Public Services Department From: Teresa Cannon, Sr. Deputy Clerk Board Minutes & Records Department Re: Extension of Agreement w/Southwest Florida Economic Development Alliance, Inc. Attached for your records is an original document as referenced above, (Agenda Item #11G) adopted by the Board of County Commissioners on Tuesday, September 25, 2018. The Minutes and Record's Department will hold the original for the Board's Official Record. If you have any questions feel free to call me at 252-8411. Thank you. Attachment I 1G EXTENSION OF AGREEMENT WITH SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE INC. THIS EXTENSION is entered into this 25th day of September, 2018, by and between Collier County, a political subdivision of the State of Florida,through its Board of County Commissioners, hereinafter referred to as "County," and the SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE INC, hereinafter referred to as"ALLIANCE,"collectively stated as"the Parties." RECITALS: WHEREAS, the Parties entered into "Agreement between Collier County, Florida and the Southwest Florida Economic Development Alliance Inc." dated October 24, 2017 (hereinafter referred to as the"Agreement"and attached as Exhibit"A"hereto),for County to fund salaries and employee benefits of Partnership positigns that promote economic development for Collier County; and WHEREAS,the Agreement is scheduled to expire September 30, 2018; and WHEREAS,the Parties wish to extend the Agreement for an additional year under the same terms and conditions except that the agreement,as of October 1,2018,will fund a manager and not a president. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,the Parties agree as follows: 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. The Agreement is hereby extended to September 30, 2019. 3. The Agreement is amended to no longer fund a president and to fund a manager. For example, "Deliverable 1" is amended to read: "Deliverable 1: Maintaining a minimum ALLIANCE staff of 2 FTEs,President,a manager and Operations Specialist, with up to a 90-day grace period in the event of an employee separation occurrence. Progress and completion of this deliverable will be evidenced by providing the COUNTY with payroll reports, bank transaction reports, and IRS form 941." These change in position title shall apply throughout the Agreement. 4. Article XXVI of the Agreement is amended to require notices to Alliance to be sent to: Southwest Florida Economic Development Alliance Inc. Susan Pareigis, Interim President Page 1 1 1 G 4984 Royal Gulf Circle Fort Myers, Florida 33966 5. All other deliverables set forth in the Agreement remain unchanged and all deliverables will be funded by the County in the same manner as the prior year for up to $100,000 for Fiscal Year 2019. 5. Excepting as set forth herein, all terms and conditions of the Agreement remain in full force and effect. This Extension merges any prior written and oral understanding and agreements, if any, between the parties with respect to the matters set forth herein. IN WITNESS WHEREOF, the Parties have executed this Extension of Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER CO E TY, FLORIDA 6ta' es),...v‘zzkvc7 /7/ By: _1) t st as to Car n:Peputy Clerk .% i SOLIS, CHAIRMAN "Mature onlyy . SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE INC. By: Printed/Typed Name C,I,f/e/11G flu. Printed/Typed Title Approved as to form and legality: tcb Jennifer A. Belp •io Assistant County Attorney .1%.1.097 ' \‘ Page 2 0:")) 1 1 G EXHIBIT page ( of AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE INC. This AGREEMENT is made and entered into this 24th day of October, 2017, by and between Collier County, a political subdivision of the State of Florida (the "COUNTY") and Southwest Florida Economic Development Alliance inc. ("ALLIANCE"), a Florida not-for-profit corporation. WITNESSETH WHEREAS, the COUNTY has determined that strategic marketing and business outreach activities provided through the ALLIANCE will help promote a more diverse and prosperous regional economy, and such activities are in the public interest and serve a lawful and beneficial purpose for the COUNTY and the Southwest Florida region; WHEREAS,the COUNTY has determined that it is in the best interests of Collier County to support regional economic development efforts and that such support furthers the goals and objectives identified in the County's Business and Economic Development Business Plan; WHEREAS, the ALLIANCE is a business and economic development organization with a mission to enhance the Southwest Florida region's economic well-being and to create a vision to maintain and strengthen the economy of the Southwest Florida region; WHEREAS, the ALLIANCE desires to 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 ALLIANCE, in concert with the BCC, has determined that the strategies to achieve such objectives include those below: • Marketing Collier County in conjunction with the Southwest Florida region to recruit employment opportunities for residents; • Strengthening and maintaining a communications network that promotes the image and assets of Collier County in conjunction with the Southwest Florida region; WHEREAS, the COUNTY desires to have the ALLIANCE continue to provide private sector leadership to achieve the strategies set forth above and the ALLIANCE is willing to undertake such functions under the terms of this Agreement for the County's Fiscal Year beginning October 1,2017; WHEREAS, the COUNTY enjoys broad Home-Rule Powers, which include the authority to enter into agreements to enhance economic development within Collier County;and WHEREAS, Section 125,045,Florida Statutes(County economic development powers)provides, in part,as follows: "(1) The Legislature finds and declares that this state faces increasing competition from other states and other countries for the location and retention of private enterprises within its borders. Furthermore, the Legislature finds that there is a need to enhance and expand economic activity in the counties of this state by attracting and retaining manufacturing development, business enterprise management, and other activities conducive to economic promotion,in order to provide a stronger, more balanced,and stable economy in the state;to 1 1 1 G enhance and preserve purchasing power and employment opportunities for the residents of this state; and to improve the welfare and competitive position of the state. The Legislature declares that it is necessary and in the public interest to facilitate the growth and creation of business enterprises in the counties of the state. (2) The governing body of a county may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose.The provisions of this chapter which confer powers and duties on the governing body of a county, including any powers not specifically prohibited by law which can be exercised by the governing body of a county,must be liberally construed in order to effectively carry out the purposes of this section. (3) For the purposes of this section, it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to,developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property,and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community," NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, and other good and valuable consideration, the COUNTY and the ALLIANCE agree as follows. ARTICLE I SCOPE OF SERVICES The ALLIANCE shall promote economic development for the COUNTY by providing the services and activities described in Exhibit "A," Scope of Services, attached hereto and by reference made a part hereof. The matrix in Exhibit"A"guides COUNTY staffs ability to authorize payment for measurable services performed by the ALLIANCE. The matrix in Exhibit"G,"which is incorporated herein by this reference, defines the broader COUNTY economic development relationship with the ALLIANCE, which will be reviewed and monitored by COUNTY staff. ARTICLE II PERIOD OF AGREEMENT This Agreement shall be effective upon execution by both parties and shall cover services provided from October 1, 2017, through September 30, 2018, 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 ALLIANCE will receive funds from the COUNTY in an amount not to exceed One Hundred Thousand Dollars ($100,000.00). It is intended that the services performed by ALLIANCE shall be on a cost reimbursement methodology for actual eligible expenditures. Actual expenditures eligible as a basis for reimbursement can and shall include salaries and employee benefits (relocation expenses,health insurance,and bonuses)and costs for ALLIANCE personnel performing services described in Exhibit "B." ALLIANCE shall be entitled to compensation upon BCC approval of the Agreement, distributed no more frequently than on a quarterly basis for reimbursement of eligible expenses approved by the County and Clerk of Court. 2 1 1 G All invoices shall be submitted in accordance with COUNTY procedures and in a form acceptable to the COUNTY and the ALLIANCE,as generally outlined in Exhibit"B" —Method of Payment and Budget Detail for Services and Exhibit"C" —Program Performance Report,attached hereto and by reference made a part hereof. Eligible operating expenses incurred to provide services consistent with the scope of services described in Exhibit "A" and Exhibit "B." In no event will COUNTY funds be expended for the ALLIANCE's purchase of food, beverages or entertainment costs or in support of electioneering. ARTICLE IV PAYMENT AND REPORTING REQUIREMENTS For its performance under this Agreement,County shall reimburse to the ALLIANCE actual eligible expenditures. All payment requests by the ALLIANCE to the COUNTY shall be submitted with a completed Program Performance Report, Exhibit"C,"and Exhibit"D,"Payment Record Chart, in a form acceptable to the COUNTY and the ALLIANCE,as generally outlined and set forth in Exhibit"C,"attached hereto and by reference made a part hereof. Payments to the ALLIANCE will be made within Forty-five (45) days of requests, in compliance with the Local Government Prompt Payment Act, in accordance with the procedures specified in Exhibit "B,"Method of Payment and Budget Detail for Services. If the COUNTY determines, through its inspection or review that the ALLIANCE has not performed or is performing less than the total agreed upon services, then the COUNTY shall notify the ALLIANCE in writing, specifying those services that it alleges have not been performed or fully performed, and the ALLIANCE shall have thirty (30) days from receipt thereof to submit a then-current Program Performance Report, which shall address such allegations in detail and/or shall meet with the appropriate representatives of the COUNTY to discuss resolution thereof and cure or remedy any services not fully performed. Upon failure thereof, the COUNTY shall be entitled to reduce payment otherwise due for such services not fully performed on a pro-rata basis. Performance will be measured by the defined Scope of Services set out in Exhibit "A" or a percentage of defined service goals completed and by such other standards as the parties may agree upon in writing. The ALLIANCE shall submit its first payment request and Program Performance Report for the period October I,2017,through December 31,2017,on or before January 31,2018. The ALLIANCE shall submit its second payment request and Program Performance Report for the period of January 1,2018,through March 31,2018, on or before April 30, 2018. The ALLIANCE shall submit its third payment request for the period of April 1, 2018,through June 30, 2018, on or before July 31, 2018. The ALLIANCE shall submit its final payment request, Program Performance Report and a year-end analysis and any other required reports on or before October 10, 2018. If the ALLIANCE fails to comply with the requirements of this Article, the COUNTY may refuse to honor or be held liable for payment of any late request(s)for payment. ARTICLE V MAINTENANCE OF RECORDS The ALLIANCE 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 ALLIANCE 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. 3 1 1 G The ALLIANCE shall also: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records,provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract,the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract,the contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiatni Trail East,Suite 102 Naples,FL 34112-5746 Telephone:(239)252-8383 ARTICLE VI INDEMNIFICATION The ALLIANCE 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 ALLIANCE, its agents,subcontractors, assigns,heirs,and employees during performance under this Agreement. The extent of its indemnification shall be limited by the insurance available to the ALLIANCE in accord with Article X of this Agreement. In any and all claims against the COUNTY or any of its agents or employees by any employee of the ALLIANCE,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 ALLIANCE or any subcontractor under t h e Workers' Compensation Act,disability benefit acts or other employee benefit acts. 4 ( ) 1 1 G ARTICLE LE VII TERMINATION This Agreement may be terminated for any reason 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. The aforesaid termination notices,as well as all other notices required herein, shall be considered received by the ALLIANCE 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 ALLIANCE agrees to abide by the provisions contained in Collier County CMA #5 3 8 3, as amended,which is incorporated herein by reference to Exhibit F. ARTICLE IX STATEMENT OF ASSURANCE During the performance of this Agreement,the ALLIANCE assures the COUNTY that the ALLIANCE 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 ALLIANCE 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 ALLIANCE's employees or applicants for employment. Further, the ALLIANCE assures the COUNTY of the ALLIANCE's compliance with the Americans with Disabilities Act of 1990, as amended, as applicable. The ALLIANCE understands and agrees that this Agreement is conditioned upon the veracity of such statements of assurance.Furthermore,the ALLIANCE assures the COUNTY that it will comply with Title VII of the Civil Rights Act of 1964 when federal grant(s)are involved. Other applicable Federal and State laws,Executive Orders,and regulations prohibiting discrimination as hereinabove referenced are included by this reference thereto.This statement of assurance shall be interpreted to include Vietnam-era veterans and disabled veterans within its protective range of applicability. ARTICLE X INSURANCE The ALLIANCE shall provide and maintain the following insurance coverages in the amounts specified throughout the period of this Agreement on behalf of the ALLIANCE and the COUNTY by naming the COUNTY as an additional insured under the policies of insurance that it maintains,a copy of the declarations page thereof being attached as Exhibit E, as follows: Commercial General Liability insurance,with coverage limits of $500,000, general, which shall apply to claims that may be asserted against the COUNTY by reason of the act or activities of the ALLIANCE. The ALLIANCE 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. 5 1 1 G ARTICLE XI CONFLICT OF INTEREST The ALLIANCE represents that it presently has no interest, and shall acquire no such interest, financial or otherwise, direct or indirect, or engage in any business transaction or professional activity, or incur any obligation of any nature that would conflict in any manner with the performance of services required hereunder. ARTICLE XII DRUG-FREE WORKPLACE The ALLIANCE shall administer, in good faith, a policy designed to ensure that the ALLIANCE'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. ARTICLE XIV COMPLIANCE The ALLIANCE 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 convenience and shall not affect the interpretation of any 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 1 1 G 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 that 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 that 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 ALLIANCE pursuant to this Agreement must recognize the contribution of the BCC as a funding source. The ALLIANCE 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. 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 ALLIANCE, and particularly those projects induced with COUNTY funded financial incentives or other contributions, will be planned in cooperation with the COUNTY's Business & Economic Development and Communications departments for purposes of coordinating the COUNTY's official COUNTY protocol and public recognition. Prior notification to the two departments for such events will be 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 that requires performance by either party 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 COUNTY and the ALLIANCE. No third party is an intended beneficiary so as to entitle that person to sue for an alleged breach of this Agreement. 7 1 1 G ARTICLE XXIV POLITICAL ACTION The ALLIANCE shall not engage, participate or intervene in any form of political campaign on behalf of,or in opposition to, any candidate for political office. ARTICLE XXV MERGER; MODIFICATIONS This writing embodies the entire agreement and understanding between the parties hereto and there are no other agreements and/or understandings, oral or written, with respect to the subject matter hereof, that are not merged herein and superseded hereby. This Agreement may only be modified,amended,extended or canceled,by written instrument executed by the COUNTY and the ALLIANCE. Similarly,no contract that purports to affect the terms of this Agreement shall be valid as it affects this Agreement, unless in writing and executed by the COUNTY and the ALLIANCE. ARTICLE XXVI NOTICES All notices required or permitted to be given by a party under this Agreement shall be in writing and sent to the other party by certified mail, return receipt requested, or by overnight personal delivery service requiring a signature for delivery, and shall be addressed as follows: If to the COUNTY: Collier County If to the ALLIANCE: Leo Ochs Southwest Florida Economic Development Alliance County Manager Collier County Inc. 3299 Tamiami Trail East, Ste. 201 Eric E. Berglund, President Naples, FL 34104 4984 Royal Gulf Circle Fort Myers,Florida 33966 IN WITNESS WHEREOF, this Agreement was dated on the day and year first written above. BOARD OF COUNTY COMMISSIONERS ATT,E0 OF COLLIE C Y,FLORIDA HT E. sRe K, Clork I 1, r g, A es ss.tO Chajrn an's By: _-- — signatute# ►ly Penny Tayl k' Yk'' SOUTHWEST FLORIDA ECONOMIC Approved as to form and legality DEVELOPM T ALLIANCE INC. By: Ass stunt County Att 05D Eric E. Berglund,Pr-sident \o 8 1 1 G EXHIBIT A SCOPE OF SERVICES ORGANIZATION: Southwest Florida Economic Development Alliance Inc. PROGRAM: Economic Development Services Performance Criteria The ALLIANCE shall provide the supporting documentation identified herein to substantiate the following activities/accomplishments for reimbursement: Deliverable 1: Maintaining a minimum ALLIANCE staff of 2 FTEs, President and Operations Specialist,with up to a 90-day grace period in the event of an employee separation occurrence. Progress and completion of this deliverable will be evidenced by providing the COUNTY with payroll reports, bank transaction reports, and IRS form 941. Deliverable 2: Submit and implement an annual marketing plan, as evidenced by submission of a plan detailing four(4)events that constitute marketing and promotional activities for developing site selector relationships and building awareness of the Southwest Florida region as a business destination. Deliverable 3: Create and maintain a website that is search-engine optimized and monitor analytic reports on its usage, as evidenced by submission of analytic reports. Deliverable 4: Develop a fundraising plan that contemplates the achievement of private contribution goals. Progress and completion of this deliverable will be evidenced by submission of the fundraising plan within 90 days of execution of this Agreement. Deliverable 5: Schedule two and attend 4 quarterly meetings with the County's Office of Business & Economic Development and the Partnership for Collier's Future Economy Inc. to review economic development activities and project updates,and schedule a monthly telephone conference with the Director of Collier County's Office of Business &Economic Development. Progress and completion of this deliverable will be evidenced by submission of the email invitation to 2 quarterly meetings and monthly telephone conferences. Al 1 1 G EXHIBIT B METHOD OF PAYMENT AND BUDGET DETAIL ORGANIZATION: Southwest Florida Economic Development Alliance Inc. PROGRAM: Economic Development Services RELEASE OF FUNDS SHALL BE IN ACCORDANCE WITH THE APPROVED BUDGET AND WILL BE MADE UPON RECEIPT OF THE COMPLETED REQUEST FOR PAYMENT FORM. NO MODIFICATIONS WITHIN THE BUDGET CATEGORIES SHALL BE FUNDED UNLESS PRIOR WRITTEN APPROVAL HAS BEEN GRANTED BY THE COUNTY MANAGER, WHOSE APPROVAL SHALL BE CONSISTENT WITH THE TERMS OF THE COUNTY/ALLIANCE BUDGET AND AGREEMENT, AND NOT UNREASONABLY WITHHELD. THE COUNTY'S FISCAL YEAR COMMENCES ON OCTOBER 1sT AND ENDS ON SEPTEMBER 30TH OF THE FOLLOWING CALENDAR YEAR. INVOICES FOR SERVICES DELIVERED BETWEEN OCTOBER 1sT AND SEPTEMBER 30TH MUST BE RECEIVED NO LATER THAN OCTOBER 10TH OF EACH YEAR TO ALLOW CLOSEOUT OF THE COUNTY'S FISCAL YEAR. IN NO EVENT,HOWEVER,SHALL PAYMENTS TO THE ALLIANCE UNDER THIS AGREEMENT EXCEED $100,000.00 PER COUNTY FISCAL YEAR. TOTAL(County Portion) $100,000.00(fiscal year) BUDGET DETAIL FOR SERVICES Budget Category Approved Budget 1. Salaries, including benefits Director and Operations Support Staff $100,000 Personnel Subtotal $100,000 Total Budget Categories $100,000 B2 1 1 G EXHIBIT C PROGRAM PERFORMANCE REPORT ORGANIZATION: Southwest Florida Economic Development Alliance Inc. PROGRAM: Economic Development REPORT PERIOD THROUGH ACCOMPLISHMENTS: Report No, Deliverables 1. Submit on or before Deliverable 1: Maintaining a minimum ALLIANCE staff of 2 January 31, 2018, for FTEs, President and Operations Specialist,with up to a 90-day the period of October grace period in the event of an employee separation occurrence. 1, 2017, through Progress and completion of this deliverable will be evidenced by December 31,2017. providing the COUNTY with payroll reports, bank transaction reports, and IRS form 941. Deliverable 2: Submit and implement an Annual Marketing Plan, as evidenced by submission of a plan detailing four (4) events that constitute marketing and promotional activities for developing site selector relationships and building awareness of the Southwest Florida region as a business destination. Deliverable 3: Create and maintain a website that is search- engine optimized and monitor analytic reports on its usage, as evidenced by submission of analytic reports, Deliverable 4: Develop a fundraising plan that contemplates the achievement of private contribution goals. Progress and completion of this deliverable will be evidenced by submission of the fundraising plan within 90 days of execution of this Agreement. Deliverable 5: Progress towards scheduling two and attending 4 quarterly meetings with the County's Office of Business & Economic Development and the Partnership for Collier's Future Economy Inc, to review economic development activities and project updates,and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic Development. Progress and completion of this deliverable will be evidenced by submission of the email invitation to 2 quarterly meetings and monthly telephone conferences. 2. Submit on or before Deliverable 1: Maintaining a minimum ALLIANCE staff of 2 April 30, 2018,for the FTEs, President and Operations Specialist, with up to a 90-day period of January 1, grace period in the event of an employee separation occurrence. 2018,through March Progress and completion of this deliverable will be evidenced by 30, 2018. providing the COUNTY with payroll reports, bank transaction reports, and IRS form 941. Deliverable 2: Submit and implement an Annual Marketing Plan, as evidenced by submission of a plan detailing four (4) events that constitute marketing and promotional activities for developing site 1 1 G selector relationships and building awareness of the Southwest Florida region as a business destination. Deliverable 3: Create and maintain a website that is search- engine optimized and monitor analytic reports on its usage,as evidenced by submission of analytic reports. Deliverable 4: Develop a fundraising plan that contemplates the achievement of private contribution goals. Progress and completion of this deliverable will be evidenced by submission of the fundraising plan within 90 days of execution of this Agreement. Deliverable 5: Progress towards scheduling two and attending 4 quarterly meetings with the County's Office of Business & Economic Development and the Partnership for Collier's Future Economy Inc. to review economic development activities and project updates, and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic Development. Progress and completion of this deliverable will be evidenced by submission of the email invitation to 2 quarterly meetings and monthly telephone conferences. 3. Submit on or before Deliverable 1: Maintaining a minimum ALLIANCE staff of 2 July 31,2018, for the FTEs,President and Operations Specialist,with up to a 90-day period of April 1, grace period in the event of an employee separation occurrence. 2018,through June 30, Progress and completion of this deliverable will be evidenced by 2018. providing the COUNTY with payroll reports, bank transaction reports,and IRS form 941. Deliverable 2: Submit and implement an Annual Marketing Plan, as evidenced by submission of a plan detailing four (4) events that constitute marketing and promotional activities for developing site selector relationships and building awareness of the Southwest Florida region as a business destination. Deliverable 3: Create and maintain a website that is search- engine optimized and monitor analytic reports on its usage, as evidenced by submission of analytic reports. Deliverable 4: Develop a fundraising plan that contemplates the achievement of private contribution goals. Progress and completion of this deliverable will be evidenced by submission of the fundraising plan within 90 days of execution of this Agreement. Deliverable 5: Progress towards scheduling two and attending 4 quarterly meetings with the County's Office of Business & Economic Development and the Partnership for Collier's Future Economy Inc. to review economic development activities and project updates,and schedule a monthly telephone conference with the Director of Collier County's Office of Business & Economic Development. Progress and completion of this deliverable will be 1 1 G evidenced by submission of the email invitation to 2 quarterly meetings and monthly telephone conferences. 4. Submit on or before Deliverable 1: Maintaining a minimum ALLIANCE staff of 2 October 10,2018,for FTEs,President and Operations Specialist, with up to a 90-day the period of July 1, grace period in the event of an employee separation occurrence, 2018, through Progress and completion of this deliverable will be evidenced by September 30, 2018. providing the COUNTY with payroll reports,bank transaction reports, and IRS form 941. Deliverable 2: Submit and implement an Annual Marketing Plan, as evidenced by submission of a plan detailing four (4) events that constitute marketing and promotional activities for developing site selector relationships and building awareness of the Southwest Florida region as a business destination. Deliverable 3: Create and maintain a website that is search- engine optimized and monitor analytic reports on its usage, as evidenced by submission of analytic reports. Deliverable 4: Develop a fundraising plan that contemplates the achievement of private contribution goals. Progress and completion of this deliverable will be evidenced by submission of the fundraising plan within 90 days of execution of this Agreement. Deliverable 5: Schedule two and attend 4 quarterly meetings with the County's Office of Business &Economic Development and the Partnership for Collier's Future Economy Inc. to review economic development activities and project updates,and schedule a monthly telephone conference with the Director of Collier County's Office of Business&Economic Development. Progress and completion of this deliverable will be evidenced by submission of the email invitation to 2 quarterly meetings and monthly telephone conferences. PROBLEMS ENCOUNTERED: 1 1 G EXHIBIT D PAYMENT RECORD CHART Vitr l ?' "1+ 't014 .pOR • rte 1 Salaries,including benefits $100,000 Total $100,000 1 1 G EXHIBIT E ALLIANCE GENERAL LIABILITY COVERAGE DECLARATION SHEET 1 1 G Client#: 1694573 04SOUTHFLO27 ACORDT., CERTIFICATE OF LIABILITY INSURANCE DATE CERTIFICATE 9/225/2015/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT I BB&T Insurance Services, Inc. (HPHONE,Ext):888 743-2217 FAX No): 8888279861 414 Gallimore Dairy Road E-MAIL Suite F ADDRESS: Greensboro,NC 27409 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Southern Owners Insurance Compa 10190 INSURED INSURER B: Southwest Florida Economic INSURER C: Development Alliance Inc. 4984 Royal Gulf Cir INSURER D: Ft.Myers,FL 33966 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 11 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER SUBR POLICY EFF POUCY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY 2020679417 07/07/2017 07/07/2018 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISESC0(Eaoccurence) $50,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,01)0 _ GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 _ POLICY JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 2020679417 07/07/2017 07/07/2018 COMBccident)INED SINGLE LIMrr $1,000,000 (Ea a ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) _ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POUCY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Certificate Holder is additional insured with respect to General Liability. CERTIFICATE HOLDER CANCELLATION Collier CountyBoard of CntySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples,FL 34112 AUTHORIZED REPRESENTATIVE I Ott, MANIAAJ ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S18803265/M18803257 2KM 1 1 G EXHIBIT F COLLIER COUNTY CMA#5383 EQUAL EMPLOYMENT OPPORTUNITY(EEO) [Effective Date: March 17, 1999(Revised: October 1,2001; Revised: October 1,2003; Revised: May 1,2009)] §5383-1.Purpose. The purpose of this Instruction is to provide for the implementation of an equal-employment opportunity(EEO)procedure authorized by the County Manager. §5383-2.Concept. It is the practice of the County to ensure that all Human Resources procedures are in compliance with state and federal law. The County prohibits discrimination, as defined by state and federal law. A. All Human Resources practices, including compensation, benefits, discipline, safety, as well as social and recreational activities, will be administered and conducted in compliance with state and federal law. B, Recruitment, selection, placement, promotion, transfer, training, reduction in force and layoff decisions will be based on factors that include the candidate's/employee's job-related qualifications and abilities. Seniority may be considered as a factor, given that other factors are equal. C. An outreach program may be utilized to recruit, hire and ensure advancement of qualified minority group members,women,disabled individuals and veterans. D. Collier County government will take necessary steps to ensure that the work environment is free of unlawful discrimination or harassment. E. The County will continue to review its Human Resources procedures to ensure that its supervisors and managers adhere to its commitment to equal employment opportunity (EEO) principles. F. Employees who have EEO-related questions, comments or complaints are encouraged to discuss them with their Supervisor, If they are unable to resolve the situation through their Supervisor,they may discuss it with their Department Director,Division Administrator or a representative from the Human Resources Department. The employee may also utilize the Commitment to Fair Treatment Procedure. §5383-3.Currency. The Human Resources Department is responsible for maintaining the currency of this Instruction. §5383-4.Reference. Collier County Personnel Ordinance, Ordinance No. 2001-50: Equal Employment Opportunity: It is the policy of Collier County to ensure that all Human Resources policies and practices are administered without regard to race, color, religion, sex, age, national origin, physical or mental handicap,or marital status. ii EXHIBIT G ROLE AND RESPONSIBILITIES OF ALLIANCE To strengthen the Southwest Florida regional economy, the Alliance will perform activities that include, but are not limited to: generating business awareness and interest in Southwest Florida through targeted outreach, marketing and relationship building and serving as a transparent economic development coordinator in disseminating leads. Specific activities will be outlined in the Annual Marketing Plan developed by the Marketing Advisory Committee and approved by the Alliance's Board of Directors. The Marketing Advisory Committee will include economic development professionals from Collier County and other counties represented by the Alliance. The activities may include participation in trade shows, site-selector events, along with hosting special functions, such as CEO forums and site-selector meetings. The Alliance may also participate in international events and activities coordinated through Enterprise Florida and other affiliates authorized by the County Manager or his designee. The Alliance must provide an Annual Accomplishment Report in compliance with Section 125.045(4) F.S. to the County on an annual basis, within 30 days of the end of the term of this Agreement. A presentation to the BCC may be required to present this report, as needed. Alliance Functions include, but are not limited to,the following: I. Marketing Outreach and Site-Selector Relationships I. Submit an Annual Marketing Plan developed in conjunction with the Marketing Advisory Committee that includes economic development professionals from Collier County. 2. During the term of this Agreement, the Alliance must execute specific activities within the Annual Marketing Plan, including sponsoring, organizing, and participating in outreach events designed for engaging regional partner attendance, including but not limited to trade shows, recruiting trips, and consultant events. The four(4)events will constitute marketing and promotional programmed activities for developing site selector relationships and building awareness of the Southwest Florida region as a business destination. 3. Account for and report on prospecting and contact activities through the use of a lead dissemination tool to track prospect information derived from the Alliance's marketing efforts. II. Website Expense and Marketing Data 1. The Alliance will manage the regional data repository and website, keeping the information accurate, current,and relevant and market the site to drive activity. The website and appropriate digital capabilities will be continually enhanced and developed for maximum effectiveness. The website will include an online property locator through LoopNet that allows businesses to easily identify suitable buildings and sites. 2. Maintain an attractive and relevant website that highlights the attributes of the Southwest Florida region, including Collier County Business Development programs. The data updates and website refreshments will be performed regularly and programs will be initiated to market the website and optimized its usage, as evidenced by reports consisting of web-traffic data, including specific marketing penetration metrics. 1 G III. Staff and Operations 1. The Alliance Director will lead the Alliance and represent the organization, both externally and internally to the region. Externally, the Director will oversee development and execution of the annual marketing plan. The Director also will focus on promoting the region to targeted site selectors and companies, Enterprise Florida Inc., and international consulates, attending trade missions, when appropriate. Internally, the Director will manage investor relations, direct fund-raising activities, promote the importance of economic development within the region, and act as liaison for economic development activities for Southwest Florida. •