Backup Documents 09/28/2010 Item #16A10ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16A 10
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prins on pink paper Attach iginal document. Original documents should be hand de veted to the Board OtFla. The completed routine slip nml oriI,) naI
.toBeni, am tc be fcrtinrdud 1 ; the B3 tnld Office on IN after the Boznt has taken action nn the ilem l
ROUTING SLIP
Complete routing lines #1 through #4 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 41 through 14, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routine order)
Office
Initials
Date
(ilarttttttg -8�-
R
m I ct�
Applica ble)
2.
Original document has been signed /initialed for legal sufficiency. (All documents to be
was
Agenda Date Item was
L� .
C
3.
I (�
j LJ
Approved b the
4.
by the Office of the County Attorney. This includes signature pages from ordinances,
Type of Document
�� _
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Attached
'l(3 ( 0
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
('f he primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
"I }-�
Yes
Phone Number
Contact
m I ct�
Applica ble)
L
Original document has been signed /initialed for legal sufficiency. (All documents to be
was
Agenda Date Item was
L� .
C
Agenda Item Number
I (�
j LJ
Approved b the
by the Office of the County Attorney. This includes signature pages from ordinances,
Type of Document
�� _
Number of Original
resolutions, etc. signed by the County Attorney's Office and signature pages from
Attached
t .v (tr 11 t -l-i
Documents Attached
contracts, agreements, etc. that have been fully executed by all parties except the BCC
INSTRUCTIONS & CHECKLIST
I_ Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applica ble)
L
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. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
r
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3,
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
/"I
I"�
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 vour deadlines!
6.
The document was approved by the BCC on mI� I C (enter date) and all changes
,
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes, if applicable.
I_ Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05
16A 10
MEMORANDUM
Date: October 14, 2010
To: Amy Patterson
Impact Fee Manager
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Second Amendment to Agreement with EDC
Enclosed for your records you will find a copy of the recorded document
referenced above (Agenda Item #16A10) which was approved by the Board
of County Commissioners on Tuesday, September 28, 2010.
If you have any questions, please call me at 252 -8411.
Thank you.
Enclosure
16A10
SECOND AMENDMENT TO AGREEMENT
THIS AMENDMENT to the Economic Diversification Program Agreement (the
!� A
"Agreement") is entered into this day ofSe krnbCr2010, by and between Collier
County, Florida, a political subdivision of the State of Florida, through its Board of County
Commissioners (the "County ") and the Economic Development Council, a Florida not - for -profit
corporation (the "EDC ").
RECITALS:
WHEREAS, the County and the EDC entered into an Agreement on September 9, 2008,
a copy of which is attached hereto, related to the public /private partnership between the County
and the EDC and the funding for the Economic Diversification Program; and
WHEREAS, on September 29, 2009, the parties agreed to extend the Agreement for an
additional year, which is the attached "First Amendment to Agreement' providing for an
extension to September 30, 2010; and
WHEREAS, the parties wish to extend the Agreement for an additional year on the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the premises and for good and valuable
consideration, receipt and sufficiency of which is hereby acknowledged by both parties, the
parties hereby agree to the changes as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. The term of the Agreement is hereby extended to September 30, 2011, unless earlier
terminated in accordance with Article 3(b).
3. Exhibit "A" is hereby superceded and replaced by the updated "Exhibit A" which is
attached.
4. Except as amended, all other terms and conditions of the September 9, 2008
Agreement remain in full force and effect. This Amendment and its provisions merge any prior
agreements, if any, between the parties with respect to the matters set forth in this Amendment.
5. This Amendment shall be recorded by the County, at the expense of the County, in
the Official Records of Collier County, Florida, within sixty (60) days after execution of this
Amendment by the County.
INSTR 4492316 OR 4620 PG 1980
RECORDED 11/3/2010 4'.18 PM PAGES 14
DWIGHT E. BROCK
Page 1 of 2 COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $120.50
16A10
IN WITNESS WHEREOF, the parties hereto have executed the foregoing Second
Amendment to the Economic Diversification Program Agreement the date and year first written
above.
Collier County, Florida
ATTEST: Dwight Brock, Board of County Commissioners
Courts By:
We uty Clerk FRED COYLE, CHAIRMAN
attest'^es n! SCr►i s
•f�f,3�skl.�•
WITNESS: CONSULTANT:
:YJC c' <2) JICc�'tc�
/ ignature Q
Jessica L. Moberg
Name (Printed)
WITNESS:
Name (Printed)
Economic Development Council
of Collier County
kB
A(YNei rChairman of the Board
Economic Development Council of
Collier County Board of Directors
Page 2 of 2
Item# IbAlQ
Agenda O ? g O
Date /
Date (p I� lC
Rec
� DePatyCtetk
16A10
Exhibit "A"
Budget
Economic Diversification
October 1, 2010 — September 30, 2011
$400,000
Administrative Expenses $350,000*
Including salaries, taxes and benefits
Marketing Expenses $ 50,000*
Including but not limited to:
Targeted Industry Marketing Campaigns
Collateral Publications
Equipment Expenses -$0-
Total S400,000*
* Funds may not be expended to hire economists, or other financial analysts or experts, to lobby for
reductions to impact fees.
16 A 10
FIRST AMENDMENT TO AGREEMENT
THIS AMENDMENT to the Economic Diversification Program Agreement (the
"Agreement") is entered into this � day ofs �„' 2009, by and between Collier
County, Florida, a political subdivision of the State of Florida, through its Board of County
Commissioners (the "County ") and the Economic Development Council of Collier County, a
Florida not - for -profit corporation (the "EDC ").
RECITALS:
WHEREAS, the County and the EDC entered into an Agreement on September 9, 2008,
a copy of which is attached hereto, a ate partnership between the County
and the EDC and the funding pmt Economic Dive fjEa 'on Program, which Agreement
terminates September 30, 200
WHEREAS, the p es e d an dditional year on the terms
and conditions set forth herein.
NOW, THEREFO i n he i d for good and valuable
consideration, receipt and s ncy of which is b a ledged by both parties, the
parties hereby agree to the chan ollows: '.
1. The foregoing Recitals are true'dtt44e'Rvet and are incorporated by reference herein.
2. The term of the Agreement is hereby extended to September 30, 2010, unless earlier
terminated in accordance with Article 3 (b).
1 Exhibit "A" is hereby superceded and replaced by the updated "Exhibit A" which is
attached.
4. Except as amended, all other terms and conditions of the September 9, 2008
Agreement remain in full force and effect. This Amendment and its provisions merge any prior
agreements, if any, between the parties with respect to the matters set forth in this Amendment.
5. This Amendment shall be recorded by the County, at the expense of the County, in
the Official Records of Collier County, Florida, within sixty (60) days after execution of this
Amendment by the County.
Page 1 of 2
16A 10
IN WITNESS WHEREOF, the parties hereto have executed the foregoing First
Amendment to the Interlocal Agreement the date and year first written above.
Attest:
DWIGHT ES,BROC
WITNESS:
SI
BOARD OF COUNTY COMMISSIONERS
CCOLLIER CO ,)qNTY, FLORID
By:
ltrk DONNA FIALA, CHAIRMAN
Name (Printed) j �r
i
WITNESS: t
C7 \
ko"" 'O� a
Signature
RANT:
Name (Printed) a / TIC Iui17'r
Page 2 of 2
Council
an of the Board
Council of Collier
Administrative
Including
Marketing Expe
Including,
Targeted
Collateral
Equipment Exp______
Exhibit "A"
Budget
Economic Diversification
October 1, 2009 — September 30, 2010
$400,000
Total
16A 10
$350,000
$50,000
EEI
16A 10
6 9
AGREEMENT
THIS AGREEMENT is entered into this Lt- day of, & t—Mix 2008, by
Collier County, Florida, a political subdivision of the State of Florida, through its Board
of County Commissioners, hereinafter referred to as the "COUNTY;' and the Economic
Development Council of Collier County, a Florida. not-for-profit corporation, hereinafter
referred to as the "EDC."
WITNESSETH
WHEREAS, the Legislature of the State of Florida, Enterprise Florida, Inc., and
the County have determined there is a need to enhance economic activities in the State
and Collier County, by retaining, expanding, and attracting high wage jobs through
economic diversification and development in order to promote a stronger, more balanced,
and stable economy; and r -
WHEREAS, to impl s goal the S i2 ature has adopted Chapter
159, Florida Statutes, incl a Revenue Bond Ac 1 53, the Florida Industrial
Development Financing ct, n ts�@t el in rities, Housing Finance
Authorities, and Restart an Deve op e4 Authori ;and
WHEREAS, the o nov( fi eY it s m the public interest
of the citizens of Colli g g m thro ,4 treat in time EDC's
business diversification Qrb am to expan Co ty' base, to expand the
employment opportunitie a residents of the It ase economic mobility
for residents and thereby the associated b on local government and
the private sector taxpayers; ,
WHEREAS, the EDC is ofit corporation created by the
initiative of the private sector business mmunity for the purpose of retaining,
expanding and recruiting high wage jobs for Collier County; and
WHEREAS, the EDC performs many business diversification activities which are
not performed by the County and which are essential to successful business
diversification in Collier County; and
WHEREAS, the County recognizes that successful business diversification
requires confidentiality with respect to the plans, objectives, criteria, and corporate
information of business candidates for retention, expansion, and recruitment and that
such confidentiality is in the public interest of the citizens of Collier County; and
WHEREAS, the County finds that it is essential to the public interest to have an
appropriate accounting of the expenditure of public funds, especially by a non -public
agency such as the EDC; and
Page 1 of 8
1600
WHEREAS, the Legislature of the State of Florida has recognized in Section
812.081, Florida Statutes, and in other provisions of said statutes, the public interest in
maintaining certain confidentiality in the business diversification and development
process; and
WHEREAS, the County finds the EDC is an especially appropriate entity to
facilitate business diversification and development in Collier County which includes
providing business candidates with the type of confidential assistance which is essential
to successful business diversification and development; and
WHEREAS, pursuant to the Florida Industrial Development Financing Act, Part
H of Chapter 159, Florida Statutes, the County is permitted to issue Industrial
Development Revenue Bonds; and
WHEREAS, in connection ormance of its responsibilities, the
Industrial Development Authori $clip 'gates and reviews applications
from various parties seeking'G such Bon
WHEREAS, the D certain ctio s o behalf of the IDA in
reviewing, processing d/o p g h b n appli do ; providing continuing
administration with re ect acep; and performing other
specified functions; an
WHEREAS, it i e t in o o into a contract with the
EDC to conduct activiti s191} accordance with the. ditions set forth herein;
and 1\
WHEREAS, the EDC�ue in the future to expend
substantial sums from its n r p dues to promote economic
diversification; and
WHEREAS, the EDC serves as the primary entity for developing and
implementing business disaster recovery programs for the Collier County business
community in partnership with the Governor's Office of Tourism, Trade and Economic
Development, Enterprise Florida and Collier County; and
WHEREAS, in Fiscal Year 2006 -07, the business community in Collier County
paid Six Hundred Thirty -Eight Thousand Six Hundred Eighty -One Dollars and Seventy
Cents ($638,681.70) to the County in occupational license fees; and
WHEREAS, the County has appropriated for the County's Fiscal Year 2008
(October 1, 2008 — September 30, 2009), the sum of Four Hundred Thousand dollars and
00 /100 ($400,000), to the EDC, to conduct economic diversification and development
activities.
Page 2 of 8
16A 10
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows.
ARTICLE 1
The County hereby grants to the EDC up to $400,000 for the term of the
Agreement for the EDC's business diversification and development activities,
conducted in cooperation with the County, as described in the Summary Budget
attached hereto as Exhibit "A." The EDC shall be paid for its actual cost not to
exceed the total amount for various line items and up to the maximum amount
budgeted pursuant to the Attached "Exhibit A," subject to the maximum total
amount. Each individual line item may be increased or decreased by up to ten
percent (10 %) at the discretion of the EDC. Adjustment in excess of ten percent
(10 %) of any line item must be authorized by the County Manager or his
designee. The payment of the t shall be made to the EDC in bi-
monthly installments, (t r cc a month), as expenses are
accrued and invoices ed, co 'th the first month of this
Agreement. Once ds are expended, IA ement will automatically
terminate. In no ent ounty pa the E C re than the appropriated
amount of $400, 0 d g't1Rrm of s A eme t.
b. The EDC shall, t n 0 21 y f II t o thly installment (to be
interpreted as c rt o f rivate funds obtained
and written co e o p g the pending contract
year for the previ tine months.
ARTICLE 2 l
The EDC shall on behalf of the �E C %
a. Establish and maintain staff to process, investigate and review business
candidates that will retain, expand and/or create high wage jobs in Collier County.
b. Provide business promotion collateral materials and business assistance services
to business candidates.
C. Use its best efforts to obtain high quality supplies and services for use in the
performance of these services at the lowest practical costs and shall expend funds
in accordance with the Summary Budget attached hereto as Exhibit "A ".
d. Furnish the County Manager with a quarterly narrative progress report on the
program and activities described in the Summary Budget attached hereto as
Exhibit "A". Such reports will contain basic statistical information relevant to the
economic diversification public/private partnership program and a statement of
expenditures made in each budget category and line items identified in the
Summary Budget attached hereto as Exhibit "A ".
Page 3 of 9
16 A 10
Furnish an annual report of expenditures of County funds in such form as the
Clerk of Courts will prescribe. This report will be on a fiscal year of October I
through September 30, and will be due on November 15, 2008 and November 15,
2009.
Agree that any equipment purchased in accordance with this Agreement will be
taken up on an inventory record by the EDC and inventoried at least annually.
Upon expiration of the useful life of such equipment, or termination of use by the
EDC, whichever is later, such equipment will be returned to the County or
disposed of as authorized in writing by the County. All listed equipment must be
returned to the County upon termination of this agreement. The EDC shall
purchase property insurance coverage to insure all real and personal property
covered by this paragraph. Such policy shall name Collier County as a loss payee
with respect to the loss of coup„ t�r_pure property.
ARTICLE 3
a. The term of this
1, 2008 and end
with subparagral
b. Either party ma
written notice
termination, the
of termination.
excess of the
termination, the
After termination, and
for a period o on 1) year to begin October
W9-10ess a 'er terminated in accordance
at y� r Yion e d eighty (180) days
er te. In the event of
shall pay for curred prior to the date
�gard to the is made to the Board in
d costs iC prior to the date of
to thsuch excess portions.
the EDC shall:
i. Stop working under the Agreement on the date, and to the extent specified, in
the notice of termination.
2. Place no further orders or subcontracts for materials, services or facilities,
except as may be necessary for completion of such portion of the work under
the Agreement as is not terminated.
3. Terminate all orders and subcontracts to the extent that they relate to
performance of work that was terminated.
4. Prepare all necessary reports and documents required of the terms of the
Agreement up to the date of termination, including the final report due at the
end of the program, if any, without reimbursement for services rendered in
completing said reports beyond the termination date.
Page 4 of 9
•
•
16A 10
5. The EDC shall give written notice of its intent to renew this Agreement to the
Board of County Commissioners no less than one hundred eighty (180) days
prior to the expiration of the Agreement, as necessitated by the County budget
process. The County is under no obligation to renew this Agreement.
ARTICLE 4
Waiver by either party of the breach by the other party of any provisions of this
Agreement shall not be deemed a waiver of any other or subsequent breaches
and shall not be construed to be a modification of the terns of this Agreement.
ARTICLE 5
The parties deem the services to be rendered by the EDC for the County under
this Agreement to be personal ' a e EDC shall not assign any rights or
duties under this Agreem tat£»ot�rQ thout written permission of the
County. If the EDC assign duties without prior written
permission of the this Agreement ma tared void by the County
and the EDC ther o it to the Co a payments made pursuant
to this agreement or a 3F[rnR is Algreein t.
b. The EDC shall of t in a t u n c rs for any of the work
contemplated is t t 5 o tai ' written approval of the
County subject on ro a County may deem
necessary; pro however, that n the the foregoing, unless
otherwise provide such prior wn shall not be required for
purchase by the ED It articles, supplies, t, and services which are
necessary and inciden erform ork described herein. The
requirements of this clau any event or manner to provide
for the incurrence of any obliga ounty by any actions of the EDC.
C. To the fullest extent permitted by law, the EDC will indemnify and hold harmless
the County from and against all claims, damages, losses, and expenses, including
reasonable attorney's fees and costs, arising out of or resulting from the
performance by the EDC of its responsibilities under this Agreement.
a. The EDC is hereby declared by the parties to be an independent contractor for the
performance of the economic diversification and development activities and will
be responsible for the initiating, maintaining and supervising of all safety
precautions and programs necessary in connection with this Agreement. The
EDC shall not be considered a public agency as a result of its assumption of the
duties described herein. The EDC agrees to comply with all applicable safety
laws, ordinances, rules, regulations, standards and lawful order of any public
authority having jurisdiction over the matter in question.
Page 5 of lt
16 A 10
• •
ARTICLE V
a. The County shall render payments bi- monthly (to be interpreted as twice a
month), commencing October 1, 2008 through September 30, 2009.
b. The EDC shall keep orderly and complete records of its financial accounts and
financial transactions involving the funds provided to the EDC under this
Agreement. The EDC shall open these records to inspection by County personnel
at reasonable hours during the entire term of the Agreement. Any person duly
authorized by the County shall have full access and the right to examine any of
these records during the term of the Agreement and up to three (3) years
thereafter. The EDC shall submit annual reports to the County, in form and
substance, as prescribed in writing by the County, with regard to the activities of
the public /private partnership for economic diversification.
C. The IDC shall provide � i ' dependent annual audit of the
immediately proceedi ear no lat nary 31 of each year of this
Agreement. Such ill contain a dctai i g with useful lives, of
equipment punch d rovided ds a des 'bed in Article 2f. The
provisions of thi p gra ve matio of Agreement as to the
fiscal years, or p rti t t is in effect.
ARTICLE 7
The EDC shall n nminate against an p -son served under this
Agreement on ac of race, color, s s entation, age, religion,
ancestry, national o n dicap or marital s
ARTICLE 8
C CR
All notices required in this Agreement shall be hand delivered or sent by certified
mail, return receipt requested, and if sent to the County shall be addressed to:
Amy Patterson
Impact Fee/EDC Manager
Community Development & Environmental Services
2800 North Horseshoe Drive
Naples, FL 34104
And if sent to the EDC, shall be addressed to:
Tammie Nemeeck
President/CEO
Economic Development Council of Collier County
3050 North Horseshoe Drive, Suite 120
Naples, FL 34104
Page 6 of 8
16A1O
ARTICLE g
Any alterations, variations, modifications or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing, duly
signed, by both parties hereto, and attached to the original of this Agreement.
ARTICLE 10
tract
The County's performance and obligation to pa der this oBoardrsof contingent
County
upon an annual appropriation for its purpose
Commissioners.
ARTICLE 11
As provided in F.S. 287.13 - tewtr into this Agreement or performing
any work in furtheranc D� 1 s that it, its affiliates, suppliers,
who will under, have not been placed
subcontractors and p of Florida Department of
on the convicted list maintained by ed ely receding the date hereof
87 3 (3 .
Management Se 'ce
This notice is by
IN WTINESS O t e p is t s gr�ement on the dates set
forth above. f 1 F
ounty, Florida
of ounty Commissioners
ATTEST:,,- Brock.
b° :Cterko ourts
Tom nning, C airman
(Witnesses and EDC signatory on following page)
Page 7 of 8
•
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0
CONSULTANT:
Economic Development Council
of Collier County
By:
I chmelzle, Chai n
C Board of Direct
1600
10