Agenda 10/23/2018 Item #10A10/23/2018
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners terminates the Agreement with the
Partnership for Collier’s Future Economy, Inc. effective February 28, 2019.
OBJECTIVE: To end the Board’s Agreement with the Partnership for Collier’s Future Economy, Inc.
CONSIDERATIONS: At its September 25, 2018 meeting the Board of County Commissioners
approved an Extension Agreement with the Partnership for Collier’s Future Economy, Inc. (Item 11H,
formerly 16.F.4). The Extension Agreement extended an October 24, 2017 Agreement with the parties
for an additional year under the same terms and conditions. Article VII of the Agreement provides that
“This Agreement may be terminated for any reason by either party by giving a minimum of one hundr ed
twenty (120) days’ prior written notice of such intent, specifying the effective date thereof to the other
parties.”
Since that time I have had second thoughts about the County’s extending this Agreement. As contracts
cannot be reconsidered under the Board’s Reconsideration Ordinance following the meeting in which the
contract was approved, I would like the Agreement terminated effective February 28, 2019 (which would
give 128 days’ notice).
The reasons for the termination are….
1. I have not seen the benefit to the taxpayers of Collier County for the support of this not-for-profit.
2. I feel the Chamber should focus its energies on supporting and promoting economic wellbeing for
its members, not tax policy.
FISCAL IMPACT: Terminating the Agreement early would save the County approximately $66,667.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners terminates the Agreement with the
Partnership for Collier’s Future Economy, Inc. effective February 28, 2019.
Prepared by: William L. McDaniel, Jr., Commissioner District 5
ATTACHMENT(S)
1. Partnership Agreement 9.18 (PDF)
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10/23/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Doc ID: 7023
Item Summary: Recommendation that the Board of County Commissioners terminates the
Agreement with the Partnership for Collier’s Future Economy, Inc. effective February 28, 2019.
(Commissioner McDaniel)
Meeting Date: 10/23/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
10/11/2018 10:13 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/11/2018 10:13 AM
Approved By:
Review:
County Attorney's Office Emily Pepin CAO Preview Completed 10/11/2018 10:18 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2018 10:35 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/11/2018 1:13 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/11/2018 1:18 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/14/2018 4:23 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/23/2018 9:00 AM
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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.
2.
ZOc- 1cc_: — a-- -CC) K fermi,Gr
3. County Attorney Office County Attorney Office 3AB x/
4. BCC Office Board of Count
b 1 l I U 1
osvCommissioners31-Y5 (& i
5. Minutes and Records Clerk of Court's Office
64,,i)fm_
PRIMARY CONTACT INFORMATION I
t$c
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in t e event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff .V'R .'__\i'N\\i'
s\ _, __.
Phone Number
Contact/ Department 1- cc_\, L`-t-7\- '4 0'4 0
Agenda Date Item was Agenda Item Number C t(0, F,k
Approved by the BCC Cc - -\< t \-
Type of Document Number of Original
Attached z 5 "Ni'
DC'c- CI p p_c\ gam` ( Documents Attached
PO number or account U
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. Initial) Applicable)
1. Does the document require the chairman's original signature? jam
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. _PIC
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 i -
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Cf<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 ).
ckdocumentorthefinalnegotiatedcontractdatewhicheverisapplicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. C/-CSomedocumentsaretimesensitiveandrequireforwardingtoTallahasseewithinacertain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC ont2.f,l'$'and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's ok'
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
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
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Packet Pg. 263 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
EXTENSION OF AGREEMENT WITH
THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY, 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 Partnership for Collier's Future Economy, Inc., hereinafter
referred to as"Partnership,"collectively stated as "the Parties."
RECITALS:
WHEREAS, the Parties entered into "Agreement between Collier County, Florida and the
Partnership for Collier's Future Economy, 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 positions 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.
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 deliverables set forth in the Agreement remain unchanged and will be funded by the
County in the same manner as the prior year for up to $100,000 for Fiscal Year 2019.
4. All"Program Performance Report"deadlines set forth on Exhibit"C"to the Agreement shall
be adjusted by one year for Fiscal Year 2019. For example, "Deliverable 1" must be
submitted on or before January 31,2018 2019 for the period of October 1,2044 2018 through
December 31,20-1-7 2018.
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.
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Packet Pg. 264 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
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. KrNzEL, CLERK OF COLLIER C Y,FLORI
BY: IMOMBy:
ty
047' ANDY SOLIS, CHAIRMAN
Attest as to Ch3irman's.
signature only.
PARTNERSHIP FOR COLLIER'S FUTURE
ECONOMY
By:
Sig ture
4.11
Printed/Typed Name d
e rw
Printed/Typed Title
Approved as to form and legality:
11
Jelni—er A. Belpe&414
Assistant County ATE mey
Ok\k‘
Page 2
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Packet Pg. 265 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
EXHIBff
AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA
AND
THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY, INC.
THIS AGREEMENT ("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 the Partnership for Collier's Future Economy Inc. ("PARTNERSHIP),
a Florida not-for-profit corporation, whose address is 2390 Tamiami Trail N., #210,Naples,
FL 34103 ("PARTNERSHIP").
WITNESSETH
WHEREAS, the COUNTY has determined that strategic planning, business retention,
expansion,attraction and workforce/talent efforts through the PARTNERSHIP to assist the private
sector and other governmental agencies will enhance Collier County's economic wellbeing, are
activities in the public interest and are 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 wellbeing and create a vision to strengthen
and maintain Collier County as a leading business center of Southwest Florida; and
WHEREAS,the PARTNERSHIP collaborates 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 COUNTY enjoys broad Home Rule Powers that 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 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
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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"; and
WHEREAS, the PARTNERSHIP,in concert with the BCC,has determined that the strategies
and corresponding key initiatives to achieve such objectives include those below:
Implementing the Economic Development Strategic Plan adopted by the BCC;
Providing existing businesses with access to long-term expansion/retention services;
Recruiting new businesses and marketing Collier County to attract employment
opportunities for residents;
Engaging Enterprise Florida Inc., regional utility providers and other economic
development partners as Collier County's point of contact, and
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; and
WHEREAS, the parties wish to enter into an Agreement, as stated below, to continue the
COUNTY's support of the PARTNERSHIP in Fiscal Year 2018.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein and other good and valuable consideration, the COUNTY
and PARTNERSHIP agree as follows:
ARTICLE I
SCOPE OF SERVICES
AND
ROLES AND RESPONSIBILITIES
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 apart hereof The matrix in Exhibit A guides COUNTY staffs ability
to authorize payment for measurable services performed by the PARTNERSHIP.
The matrix in Exhibit G,which is incorporated herein by this reference,defines the
broader COUNTY economic development relationship with the PARTNERSHIP, which
will be reviewed and monitored by COUNTY staff
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Packet Pg. 267 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
ARTICLE IT
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 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 Thousand Dollars ($100,000).
It is intended that the services performed by the PARTNERSHIP 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(dental,vision,
and health insurance)and costs for PARTNERSHIP personnel performing services described
in Exhibit B. The PARTNERSHIP 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.
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 Exhibit B,
Method of Payment and Budget Detail,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 are outlined in Exhibit B. In no event will COUNTY funds
be expended for the PARTNERSHIP'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 PARTNERSHIP
actual eligible expenditures. All payment requests by the PARTNERSHIP 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 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 Forty-five(45) days of requests, in compliance with
the Local Government Prompt Payment Act, and 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 PARTNERSHIP has not performed or is performing less
than the total agreed-upon services,then the COUNTY shall notify the PARTNERSHIP in writing,
specifying those services that 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
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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
PARTNERSHIP shall submit its first payment request and Program Performance Report for the
period of October 1, 2017, through December 31, 2017, on or before January 31, 2018. The
PARTNERSHIP 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
PARTNERSHIP shall submit its third payment request for the period of April 1, 2018, through
June 30, 2018, on or before July 31, 2018. The PARTNERSHIP 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 PARTNERSHIP 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 PARTNERSHIP shall maintain such financial records and accounts, including
invoices,purchase orders and backup materials or documents 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:
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.
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Packet Pg. 269 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
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 Tam iam i Trail E.,Suite 102
Naples,FL 34112-5746
Telephone:(239)252-8383
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 the performance
of this Agreement. The extent of its indemnification shall be limited by the insurance available to
the PARTNERSHIP 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 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 all
employees of the PARTNERSHIP or any subcontractor under the Workers' Compensation Act,
disability benefit acts or other employee benefit acts.
ARTICLE 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 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 in Article XXVIII of this Agreement.
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Packet Pg. 270 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
ARTICLE VIII
EQUAL OPPORTUNITY CLAUSE
The PARTNERSHIP agrees to abide by the provisions contained in Collier County CMA
5383,as amended, which is incorporated herein by reference in Exhibit F.
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 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 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 policies of the
insurance it maintains; a copy of the declarations page thereof being attached as Exhibit E, as
follows: Commercial General Liability insurance, within 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 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 for 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, or engage in any business transaction or
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professional activity,or incur any obligation of any nature that would conflict in any manner with
the performance of service required hereunder,
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 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.
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 convenience and shall
not reflect 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.
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Packet Pg. 272 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
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
If there is 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 as a
funding source. As a not-for-profit corporation receiving public funding or non-monetary
contributions through the COUNTY, the PARTNERSHIP shall recognize the COUNTY for its
contribution on all promotional materials and at any event or workshop for which the 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 funding source.
In addition, any development project announcement, ceremonial business opening, or
publicity event resulting from the efforts of the PARTNERSHIP and,particularly those projects
induced with COUNTY funded financial incentives or contributions, will be planned in
cooperation with the COUNTY's Office of 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
made no less than 15 working days,whenever possible or practicable,and potential prospects will
be made aware of the COUNTY's publicity protocol before the 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.
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ARTICLE XXII
THIRD-PARTY BENEFICIARIES
This Agreement is for the benefit of the COUNTY 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 only be
modified, amended, extended or canceled, by written instrument executed by the COUNTY and
the PARTNERSHIP. 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
PARTNERSHIP.
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: If to the PARTNERSHIP:
Collier County The Partnership for Collier's Future Economy
Leo Ochs,County Manager,Collier County Michael Dalby,President and CEO
3299 Tarniarni Trail East,Suite 201 2390 Tamiami Trail North,Suite 210
Naples,FL 34112 Naples.FL 34103
IN WITNESS WHEREOF,this Agreement was dated on the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK OF COL UNTY,FLORIDA
16' C z
41Pr
By: &.,1i.of A
r!` ; CLERK Penny Tayl rman WP-
tettOtak fo' a ).,b
EtPrigiQr',001(u01.,..
9
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Packet Pg. 274 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
ATTEST: THE PARTNERSHIP FOR COLLIER'S FUTURE
ECONOMY INC.,
By:
Mich I Dalby, Presiden and C 0
Approved as to form and legality
Jenni er A. Belpedio
P`"? \.‘Assistant County Atto ey
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Packet Pg. 275 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
EXHIBIT A
SCOPE OF SERVICES
ORGANIZATION: The Partnership for Collier's Future Economy Inc.
PROGRAM: Economic Development Services
Performance Criteria
PARTNERSHIP shall provide the supporting documentation identified on Exhibit C
to substantiate the following activities/accomplishments for reimbursement:
Deliverable 1: Maintain a minimum PARTNERSHIP staff of one (1) full-time employee, Vice
President of Economic Development,with up to a 90-day grace period in the event of an
employee separation occurrence. The 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: Maintain a website that is search-engine optimized, and monitor analytic reports
on its usage,as evidenced by the submission of analytic reports.
Deliverable 3: Complete 50 retention visits with Collier County businesses. Retention visits are
in-person visits to existing businesses in Collier County that assess the needs of the business and
provide the business with information about resources available,as evidenced by submitting a
report listing businesses visited and the date visited.
Deliverable 4: Schedule two and attend 4 quarterly meetings with the County's Office of
Business& Economic Development and the Southwest Florida Economic Development Alliance
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.
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Packet Pg. 276 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
EXHIBIT B
METHOD OF PAYMENT
AND
BUDGET DETAIL
ORGANIZATION: The Partnership for.Collier's Future Economy 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/PARTNERSHIP BUDGET AND AGREEMENT, AND NOT UNREASONABLY
WITHHELD. THE COUNTY'S FISCAL YEAR COMMENCES ON OCTOBER 1sT AND
ENDS ON SEPTEMBER 30" 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 $100,000.00 PER COUNTY
FISCAL YEAR.
TOTAL(County Portion): 100,000.00(fiscal year)
The requests for payment shall include the report on progress on the deliverables identified in the
agreed-to Scope of Services.
BUDGET DETAIL FOR SERVICES
Budget Category Approved Budget
Deliverable 1: 1 full-time employee salary, $70,000.00
including benefits
Deliverable 2: Website(annual maintenance $15,000.00
of modules/functionality)
Deliverable 3: Complete 50 retention visits $15,000.00
Total 100,000.00
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Packet Pg. 277 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
EXHIBIT C
PROGRAM PERFORMANCE REPORT
ORGANIZATION: The Partnership for Collier's Future Economy Inc.
PROGRAM: Economic Development Services
REPORT PERIOD THROUGH
ACCOMPLISHMENTS:
Report No. Deliverables
1. Submit on or before Deliverable 1: Maintain a minimum PARTNERSHIP staff of one
January 31,2018, for the (1) full-time employee,Vice President of Economic Development,
period of October I,2017, with up to a 90-day grace period in the event of an employee
through December 31, separation occurrence. The progress and completion of this
2017. deliverable will be evidenced by providing the COUNTY with
payroll reports,bank transaction reports,and IRS form 941.
Deliverable 2: Maintain a website that is search-engine
optimized,and monitor analytic reports on its usage,as evidenced
in,the submission of analytic reports.
Deliverable 3: Progress toward 50 retention visits with Collier
County businesses. Retention visits are in-person visits to existing
businesses in Collier County that assess the needs of the business
and provide the business with information about resources
available,as evidenced by submitting a report listing businesses
visited and the date visited.
Deliverable 4: Progress towards scheduling two and attending 4
quarterly meetings with the County's Office of Business&
Economic Development and the Southwest Florida Economic
Development Alliance 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 April Deliverable 1: Maintain a minimum PARTNERSHIP staff of one
30,2018,for the period of (1)full-time employee.Vice President of Economic Development,
January 1,2018,through with up to a 90-day grace period in the event of an employee
March 30,2018.separation occurrence. The 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: Maintain a website that is search-engine
optimized,and monitor analytic reports on its usage,as evidenced
by the submission of analytic renorts,
Deliverable 3: Progress toward 50 retention visits with Collier
County businesses. Retention visits are in-person visits to existing
businesses in Collier County that assess the needs of the business
and provide the business with information about resources
available,as evidenced by submitting a report listing businesses
visited and the date visited.
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Packet Pg. 278 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
Deliverable 4: Progress towards scheduling two and attending 4
quarterly meetings with the County's Office of Business&
Economic Development and the Southwest Florida Economic
Development Alliance 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 July Deliverable 1: Maintain a minimum PARTNERSHIP staff of one
31,2018, for the period of (I)full-time employee,Vice President of Economic Development,
April 1,2018, through June with up to a 90-day grace period in the event of an employee
30,2018. separation occurrence. The 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: Maintain a website that is search-engine
optimized,and monitor analytic reports on its usage,as evidenced
by the submission of analytic reports.
Deliverable 3: Progress toward 50 retention visits with Collier
County businesses. Retention visits are in-person visits to existing 1
businesses in Collier County that assess the needs of the business
and provide the business with information about resources
available,as evidenced by submitting a report listing businesses
visited and the date visited.
Deliverable 4: Progress toward schedule two and attending 4
quarterly meetings with the County's Office of Business&
Economic Development and the Southwest Florida Economic.
Development Alliance 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.
4. Submit on or before Deliverable 1: Maintain a minimum PARTNERSHIP staff of one
October 10,2018,for the (1)full-time employee,Vice President of Economic Development,
period of July 1,2018, with up to a 90-day grace period in the event of an employee
through September 30,separation occurrence. The progress and completion of this
2018. deliverable will be evidenced by providing the COUNTY with
payroll reportsbank transaction reports,and IRS form 941.
Deliverable 2: Maintain a website that is search-engine
optimized,and monitor analytic reports on its usage,as evidenced
by the submission of analytic reports.
Deliverable 3: Complete 50 retention visits with Collier County
businesses. Retention visits are in-person visits to existing
businesses in Collier County that assess the needs of the business
and provide the business with information about resources
available,as evidenced by submittina a report listing businesses
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Packet Pg. 279 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
visited and the date visited.
Deliverable 4: Progress toward scheduling two and attending 4
quarterly meetings with the County's Office of Business&
Economic Development and the Southwest Florida Economic
Development Alliance 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.
15
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Packet Pg. 280 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
EXHIBIT 1)
PAYMENT RECORD CHART FOR PARTNERSHIP AGREEMENT
7$a7 r*'
t ri•-•
11111111111.1.
NMI
Salaries,including
1Mbenefits
70 001
mensuou
Website 15,001
Retention Visits 15,00$
Total 100 0"
1
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Packet Pg. 281 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
EXHIBIT E
PARTNERSHIP GENERAL LIABILITY COVERAGE
DECLARATION SHEET
1
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Packet Pg. 282 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
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)J
5383-1.Purpose.
The purpose of this i nstruction 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, including 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.
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Packet Pg. 283 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
EXHIBIT G
ROLE AND RESPONSIBILITIES OF PARTNERSHIP
The County's Office of Business & Economic Development and the Partnership agree that all inquiries
for business retention/expansion will be directed to the Partnership as the first responder in those areas and that
the Partnership will initiate calls in those areas as well. The Partnership will also be the primary point of contact
for Enterprise Florida Inc. and Florida Power&Light.
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.
Develop a fundraising plan that contemplates the achievement of private contribution goals, and submit it
to the County within 90 days of execution of this Agreement.
Partnership Functions include, but are not limited to, the following:
I. Business Retention,Expansion and Outreach
1. Conduct expansion/outreach face-to-face visits.
2. Maintain accurate records in a customer relationship management system, including assists and casework
for existing industry outreach.
II. Business Attraction and Marketing
3. Maintain accurate records in a customer relationship management system, including assists and casework for
business attraction.
4. Respond to requests for information and proposals from site selection consultants, Enterprise Florida
Inc., Florida Power&Light and any other inquiries involving new business attraction or relocation.
5. Work with state, regional and local partners to market Collier County as a competitive location for
business. Attend a minimum of one (1) Southwest Florida Economic Development Alliance outreach
trip.
6. Provide an internet-based marketing tool for identifying existing sites, buildings and market-ready facilities
office space and industrial locations)for prospects and planning purposes.
M. Project Team Participation
7. Participate on project team for retention, expansion and attraction projects.
8. Complete delegated project tasks, including, but not limited to, scheduling meetings, completing
documents,researching and drafting correspondence.
9. Bi-annually invite the President and CEO and County Manager to attend the quarterly meeting with the
County's Office of Business and & Economic Development and Southwest Florida Economic
Development Alliance to attend.
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Packet Pg. 284 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February
10, Leverage and align, where applicable, PARTNERSHIPS's marketing plans with the Southwest Florida
Economic Development Alliance and Enterprise Florida Inc.'s marketing plans and initiatives to distinguish
Collier County as a premier business location.
IV. Optimize the K-20 talent and training pipeline in Collier County
11.Work with the FutureMakers Coalition and Future Ready Collier to increase retention and improve local
talent.Participate in the management meetings, as well as the College&Career Readiness work group.
I
12. Work with CareerSource Southwest Florida to provide training and workforce solutions for existing and
new businesses in Collier County.
V. Implement Opportunity Naples' Strategic Plan
13. Hold four(4) Opportunity Naples Implementation Committee meetings annually.
14. Ensure that public and private leadership coalesces around the need for implementing a comprehensive
community and quality job development initiative.
15.Promote Opportunity Naples' strategy externally,through speaking engagements, earned- and placed-media
and social media.
VI. Data-Resource Management
16. Update key data points on a monthly, quarterly and annual basis, including workforce, industry,
unemployment, etc.
VII. Community/Organizational Partnerships and Governmental Navigation
17. Maintain existing partnerships and establish new partnerships with community and industry organizations, as
well as key governmental entities, including, but not limited to, Champions for Learning,the county Growth
Management Department,the Florida Economic Development Council,International Economic Development
Council,the Florida Chamber and the Naples Accelerator,Collier County's soft-landing business accelerator.
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Packet Pg. 285 Attachment: Partnership Agreement 9.18 (7023 : Terminate Agreement with Partnership for Collier’s Future Economy, Inc. effective February