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Agenda 04/23/2019 Item #11D (Accelerator Program Contract Review)04/23/2019 EXECUTIVE SUMMARY Recommendation to review contract deliverables and program outcomes associated with the Collier County Accelerator program and provide direction to staff on the future of the program. OBJECTIVE: To review contract deliverables and program outcomes associated with the Collier County Accelerator program and provide direction to staff on the future of the program. CONSIDERATIONS: On September 25, 2018, the Board of County Commissioners approved an agreement with Economic Incubators, Inc. (EII) in continued support of the public-private partnership to operate the County’s Accelerator Project. This agreement continues operational funding support at a reduced level of $600,000 for the Naples Accelerator and the Florida Culinary Accelerator @ Immokalee, as outlined in Article III of the agreement and in the updated Collier County Accelerator Business Plan submitted by EII. At the February 26, 2019 BCC meeting, the Board asked to review the contract deliverables of the FY19 EII agreement. In addition, EII staff have visited several other incubator and accelerator programs around the State of Florida and obtained copies of contracts that these programs operate under. These contracts, along with an assessment of how the Collier County Accelerator project operates, are summarized in the attached “White Paper” that EII developed and will present to the Board. In addition, at the February 26, 2019 BCC meeting, the Board unanimously approved a motion with the following provisions: 1) To declare that the operation of the Accelerator Project is in the public interest and is an appropriate expenditure of funds under Chapter 125 Florida Statutes; 2) To waive prior failures to meet deliverables on revenue shortfalls at the Naples Accelerator and Culinary Accelerator at Immokalee; 3) To clarify that the revenue deliverables in the FY 19 agreement with EII are annual revenue deliverables; 4) To clarify that the Accelerator projects is not a self-sustaining entity in the current contract year. On March 20, 2019, the Clerk and her staff met with the EII Board of Directors to engage in constructive dialogue about areas of concern involving EII operations, past and current., with a goal of resolving outstanding issues and setting expectations for the future. Following this meeting, Finance staff released payment on all pay requests that were discussed at the February 26 BCC meeting, excluding one payment from FY 18. County, EII and Finance staff have subsequently met to continue this discussion. Staff is seeking direction on the future of the program following Board consideration of the current FY 19 contract deliverables, in conjunction with the “EII White Paper.” Staff can make any contract or program amendments necessary following Board direction. FISCAL IMPACT: Under Article IV of the agreement, the County is obligated for direct payment of $203, 829 in rent for the Naples Accelerator, and for $396,171 in reimbursable personnel and operating expenses outlined in Exhibit B1 for EII in the attached contract. Per the contract, EII shall submit payment requests for eligible expenses on a reimbursable basis to the Board. 11.D Packet Pg. 280 04/23/2019 GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic Element of the Collier County Growth Management Plan which states: “Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County’s economic base.” LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, presents no legal issues at this time, and requires majority vote for direction. -JAK RECOMMENDATION: Recommendation to review contract deliverables and program outcomes associated with the Collier County Accelerator program and provide direction to staff on the future of the program. Prepared By: Sean Callahan, Executive Director, Corporate Business Operations. ATTACHMENT(S) 1. April 16 2019 Memo to BCC and Clerk RE EII White Paper (DOCX) 2. EIIWhitePaperFinalApril152019 (PDF) 3. excerpt BCC min 2-26-2019 item 10-B - EII (PDF) 4. FY 19 EII Contract (PDF) 11.D Packet Pg. 281 04/23/2019 COLLIER COUNTY Board of County Commissioners Item Number: 11.D Doc ID: 8672 Item Summary: ***This item to be heard at 10:45 a.m.*** Recommendation to review contract deliverables and program outcomes associated with the Collier County Accelerator program and provide direction to staff on the future of the program. (Sean Callahan, Executive Director, Corporate Business Operations) Meeting Date: 04/23/2019 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 04/16/2019 12:48 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 04/16/2019 12:48 PM Approved By: Review: County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/16/2019 1:48 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/16/2019 2:12 PM Budget and Management Office Ed Finn Additional Reviewer Completed 04/16/2019 3:20 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 04/17/2019 2:06 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/23/2019 9:00 AM 11.D Packet Pg. 282 Office of the County Manager M EMO Date: April 16, 2019 To: Board of County Commissioners Clerk of the Circuit Court From: Leo E. Ochs, Jr., County Manager Subject: Economic Incubators, Inc. (EII) Contract Per previous Board direction, an agenda item has been scheduled for the April 23, 2019 BCC Meeting to review the current contract deliverables with Economic Incubators, Inc. (EII). As part of that review, and as previously committed, the EII Board will be presenting the enclosed White Paper. It is my understanding that Mr. Grant will be reaching out to each of you prior to the Board Meeting to discuss this report and answer any questions you may have. 11.D.1 Packet Pg. 283 Attachment: April 16 2019 Memo to BCC and Clerk RE EII White Paper (8672 : Collier Accelerator Program) ECONOMIC INCUBATORS INC. 1 White Paper Economic Incubators, Inc. April 2019 11.D.2 Packet Pg. 284 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) Economic Incubators, Inc. | Page 1 of 7 | April 15, 2019 ECONOMIC INCUBATORS, INC. WHITE PAPER For Collier County’s Accelerators Program April 2019 The purpose of this White Paper is to assess the current status of the two accelerators that are operated for Collier County by Economic Incubators, Inc. and to make recommendations to the Board of County Commissioners. EII has existed since 2014. It was created at the request and direction of the BCC and was tasked by it to create and operate two accelerators for which the BCC has provided most of the operating funding. In the past eighteen months the operations, financial affairs and validity of the accelerators have been heavily criticized and the value of the accelerators has been questioned. This situation is unhealthy and cannot continue. The EII board and staff have made a comprehensive assessment of its operations and conducted a review of several accelerators and incubators, through online research as well as visits to accelerators in Florida and in California. The knowledge learned from those visits and that review is summarized in this White Paper. This white paper explains how EII believes the accelerators should be operated, how their operations and programs can and should be improved and the performance deliverables and metrics modified to better align with the desired goals and objectives. The recommended changes are not designed to cause the accelerators to “make money” or to cause the accelerators to become self-sustaining. They are designed to make the accelerators better accomplish their intended mission. EII History The accelerators are one part of the overall program of Collier County’s support of economic development. The other parts are support of local business expansion through Opportunity Naples, regional business attraction through the Southwest Florida Economic Development Alliance, Inc. and a program of economic incentives. EII is the largest part of the budget. EII was created in 2014 at the request and direction of the BCC which decided that it wished to create and support two accelerators: one a business accelerator located in Naples; and a second accelerator located in Immokalee that would be oriented toward the food business and culinary preparation. Neither facility was opened at the time EII was created in 2014. It took the receipt of multi-million-dollar State grants for capital funding to get each one of them built out and opened. The legislative grant for the Naples accelerator was received in the 2014-2015 time frame. It was not built out and opened and fully operational until September 2015 - about three and half years ago. The Immokalee facility was delayed as there was no legislative grant for it until 2016. During the period late 2016 through 2017, the Immokalee facility was built out, but it did not actually open for business due to the need for extensive licensing, permitting and regulation because of its food preparation business until March 2018. It has only been open one year. A timeline is attached. 11.D.2 Packet Pg. 285 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) Economic Incubators, Inc. | Page 2 of 7 | April 15, 2019 Purpose of Incubators and Accelerators and Relevant Performance Metrics There are many definitions of an incubator or an accelerator, and some differences between the two. The common theme, however, is that they support and provide services and resources to enable upstart entrepreneurial businesses to gain experience and knowledge to improve, and hopefully develop into successful businesses that can exit the accelerator or incubator program, function and thrive and create high wage paying, non-traditional three-legged stool jobs in our community. There are for-profit accelerators and non-profits. The for-profit accelerators usually require that participants provide the accelerator operator with an equity participation. Non-profit accelerators sometimes also do this, but not all. The two Collier County EII accelerators do not require equity participation. A list of definitions is attached. Our research confirms that non-profit accelerators and incubators do not generally subsist solely on their own self-generated business revenue and/or philanthropy. To the contrary, they all receive some degree of subsidized support, either from universities, local governments, foundation grants, or some combination of all of these. The relevant measurement metrics that most all non-profit accelerators invariably use to measure performance and gauge success is community job creation/retention and successful entrepreneurial business sustainment and growth. In other words, output that creates and diversifies economic growth in the local community. Job creation is viewed as an economic stimulator. Many government entities around the State of Florida and in other states in the U.S. find that justification as a matter of public policy. Communities that support incubators view the expenditure as an investment in the community much like public support of libraries and schools- an investment in the future by supporting the ideas and concepts that will be the foundation of the community’s future success. Unlike specific economic development investments, incubators are not measured just by the number of jobs created. Rather they are seen as providing a community asset and benefit as a part of the fabric of good governance, finding innovative ways to support and nurture new and innovative business ideas, and encouraging entrepreneurs who can help to lead the local economy into the future by establishing new innovative successful businesses in a progressive effort to embrace and build the future economy. EII recognizes that in the past statements were made to the BCC that the accelerators should be self-sustaining and be free of County funding within some period of time. It has been stated that should have been five years from the date it became operational in October 2014. While no doubt those statements were made in good faith, the short history of EII and analysis of the accelerator industry demonstrates that it is not realistic. The current EII board had nothing to do with creating EII and has never made such statements. If five years is an appropriate time frame to gauge and measure the performance of the two accelerators, it should be noted five years has not elapsed. It has been three and a half years in the case of Naples, and one year in the case of Immokalee. Attached is an EII metric dashboard, including a graph demonstrating the number of jobs that have been tracked by the accelerators since inception. It includes companies that have exited the accelerators and those within it. Also attached is a chart containing job creation metrics for the well-established accelerators at the Business Incubator Program (“UCF-BIP”) operated by the University of Central Florida. UCF – 11.D.2 Packet Pg. 286 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) Economic Incubators, Inc. | Page 3 of 7 | April 15, 2019 BIP has existed since 2000. It is very successful. It should be noted that at its four-year point UCF-BIP had created fewer jobs 282 jobs. At present the two EII accelerators in their years of operation (three and a half in Naples and one in Immokalee) have created 227- which seems like a reasonable comparison. Visits to and Research Concerning Other Accelerators EII staff and board members have visited or studied the following accelerators since January 1, 2019: 1. UCF-BIP, Orlando – January 24, 2019 2. FIU Accelerator – February 5, 2019 3. California- January/ February 2019 a. UCI Applied Innovation at the Cove b. TechSpace c. WeWork, Spectrum Center 4. Tampa Bay Wave - no visit, research only. 5. Collaboratory – Fort Myers, March 26, 2019 Attached as combined Exhibit 8 is a summary that displays and compares programing and contract deliverables of several incubators and accelerators that we have visited or studied in comparison to those required under the EII contract with the BCC. We fully understand that performance and results are important and matter. This is best established with articulated goals, objectives, executional deliverable results and a system of metrics to measure achievement. The contract deliverables that EII has had in its annual contracts have not all been well aligned with the goals in the most effective way to manage performance and measure results. Many are just process and procedural- e.g. reports. We believe it would be much better and more meaningful for the contract to separate these into two parts: (i) required programming, operations and reports; and (ii) some realistic aspirational achievement goals that are desired- not as a contractual guaranty, but as a way of measuring and gauging success toward achievement of the desired aspirational goals. Some suggestions are attached. Best Practices Structure In our visits to, and our research of, other accelerators, we have concluded that EII needs to improve the programming of the Naples accelerator and it needs a more formally structured program. Accelerator industry best practices call for such structure. We believe the following kind of structure and program is necessary: 1. Initial assessment of each participant business to determine its current stage, its plan, and more importantly its needs. 2. Formal entrepreneur training and how to go about being successful. There are programs and courses available for this. At least one successful incubator that we know of requires participants to take a four-week course in entrepreneurship as a condition 11.D.2 Packet Pg. 287 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) Economic Incubators, Inc. | Page 4 of 7 | April 15, 2019 to even becoming a participant in the program. EII proposes to make it a requirement during the first two months of participation in the program. 3. Mandated requirement to have a formal business plan, either at the point of entry, or as a requirement during the first several weeks. This includes assistance to prepare an effective and successful organized business plan. The so-called “lean canvas” approach is the desired model. A copy of the lean canvas format is attached. 4. The establishment of performance benchmarks, metrics and a timeline for each participant. This should be a part of each participant’s business plan identifying activities, benchmark and goals. 5. Monitoring. The accelerator should have a formal program of following up with each participant to make sure it is meeting its timeline and benchmarks and it not, to coach and counsel it to get it back on track. 6. Mentoring. Every accelerator needs a program of mentors who can provide mentoring, help, guidance and coaching. Many accelerators provide this through community volunteers and not paid staff. EII has a group of volunteer mentors (including E II board members) who have been utilized and continue to be utilized and called upon by candidates. 7. Exiting. At some point all participants need to exit the program. Remaining in the accelerators is not a permanent goal. 8. Selectivity. The accelerators should be selective about who is allowed to become a participant. They should be businesses that are likely to be able to succeed in diversifying the Collier County economy and creating high wage paying jobs. Obviously, selectivity needs to be tempered with practicality. When the accelerators have not been full, EII has been less selective than when it is full. If the job is done well and the accelerators are seen as providing value, they will not only remain full, but EII will likely have a waiting list of companies wanting to get in enabling it to become more selective in its choice. 9. Revenue Sources. EII has functioned during its existence with three revenue sources. The largest source as been government; operational fund appropriations by the BCC every year, and grants from the State of Florida that funded the capital costs of building out the two accelerators, and from the US Department of Agriculture with respect to some equipment in the Immokalee accelerator. In addition, EII receives program or business revenue from participants in the program. EII has received some philanthropic donations and/or event sponsorships from local businesses. EII can only continue if it receives support from Collier County unless one or more local universities can take it over. We have had ongoing and supportive discussions with FGCU, FSW and Hodges growing out of the Memorandum of Understanding that EII and the County have with them and we have benefitted 11.D.2 Packet Pg. 288 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) Economic Incubators, Inc. | Page 5 of 7 | April 15, 2019 from assistance provided by FGCU Institute for Entrepreneurship. We are currently engaged in active and detailed discussions with FGCU about it playing a greater role in the implementation of some of the suggested best practices. At its highest levels, FGCU has indicated a desire to be more involved. We believe that greater involvement by academic institutions, particularly the FGCU Institute, will greatly improve the EII programs. As stated, our study of other accelerators confirms that they are not typically considered as philanthropic recipients of gifts. Businesses often contribute money in return for advertising, promotion or event sponsorships. That is not philanthropy and it is episodic, not regular, and usually not a significant percentage. Businesses are able to deduct those contributions or those payments as a business expense. They do not need the EII 501.c3 status to take a deduction. Given the current status of EII and the negativity that has existed in the past 18 months, the EII fundraising committee has suspended asking for donations because it cannot assure donors that EII will be around by the end of the year. Consequently, there is no current fundraising being done by EII. With a revised and rejuvenated structure and an alignment of goals, objective deliverable metrics and performance, we believe successful fundraising is possible. The Big Decision: Action Plan EII believes the BCC needs to decide if the two accelerators have provided, or can provide, a worthwhile public benefit that justifies continued county financial support. Many other Florida municipal and county governments have reached this conclusion. Most prominent is UCF-BIP which has eight accelerators in Central Florida, each supported by a local government. The EII board believes in the goals, purpose and mission of the two accelerators. EII board members would not spend their time if they did not believe this. But a decision is needed. And it is needed now. For the past year and a half, EII has operated under a cloud of negativity and uncertainty with questions raised about its effectiveness, operations and financial affairs. This has caused doubt and questions if the accelerators are worthwhile. This can no longer continue. No organization can function or survive if its’ very purpose and value is constantly questioned. The EII board asks the BCC to make a decision: 1. Decide to support the continuation of the two accelerators not only to September 2019, but to at least September 2022 under new criteria, and to do so with a high interest level and enthusiasm. End the talk about self-sufficient sustainability and decide that the accelerators do serve a valid public service that warrants funding. 2. If the decision is to continue to support the accelerators, then decide whether to continue to have EII operate them, or alternatively, take the operations into the County and eliminate EII, assume the EII liabilities and accept its assets. We think this could eliminate the difficulties that have been encountered. It could also save administrative costs. We also believe the EII program needs revamping and restructuring to make it more formal as explained above. And, as stated, a new agreed set of realistic deliverables and metrics is needed. Staffing modifications are likely to be needed. The current $600,000 per year budget will need to continue 11.D.2 Packet Pg. 289 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) Economic Incubators, Inc. | Page 6 of 7 | April 15, 2019 for the time being, but with a continuation of the recent improvements in business income and program improvement an upward and positive trend in business income should continue. 3. Decide to no longer support the accelerators and direct the County Manager to work with EII to wind them down, fund the cost of the wind down and satisfy or have the County assume all of EII liabilities, including County and EII contingent grant liabilities to the State of Florida and USDA. A decision, or at least some clear and positive direction, is needed on April 23, 2019. EII cannot continue in an uncertain state as matters now stand. 11.D.2 Packet Pg. 290 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) Economic Incubators, Inc. | Page 7 of 7 | April 15, 2019 EXHIBITS 1. Collier County’s Accelerator Program Timeline 2. Operational Definitions Entrepreneurship Centers (InBIA) 3. EII Metric Dashboard including reported jobs created 4. Comparable job creation metrics of UCF-BIP for its first 5 years, 2000 – 2005. 5. Lean Canvas Format 6. Proposed programing, operational requirements and reports. 7. Aspirational achievement goal metrics 8. Spreadsheets of programing and deliverables for EII and some other incubators 9. List of companies in the accelerators past and present 11.D.2 Packet Pg. 291 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) EXHIBIT 1 Collier County’s Accelerator Program Timeline 11.D.2 Packet Pg. 292 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) Confidential and Privileged. For Discussion Purposes Only. Timeline Collier County Office of Business and Economic Development 10 year Commitment 5 EII Awarded State Funds $2.0 M Woodstock’s Micro Market Open Culinary Accelerator Immokalee Open County Awarded State Funds $2.5 MNov. 2013Mar. 2014 Apr. 2014Aug. 2014Oct. 2014Sept. 2015Collier County Accelerator Feasibility White Paper Business Plan Collier County Approved Accelerators Plan & Contract with Career Source Naples Accelerator Soft Opening Naples Accelerator Grand Opening Naples Accelerator 3510 Kraft Road Location July 2016June 2017Mar. 2018Naples Accelerator Improvements CompleteJuly 2014May 2017County Awarded USDA Funds $112,536 Match by EII Nov. 2017Culinary Accelerator Immokalee Business Office OpenMar. 2017Mar. 2015County Approved Naples Lease Agreement and Sub Lease to EII Oct. 2015EII Obtained 501c3 Status Aug. 2016FGCU started Runway Program Apr. 2017UF Hired Lab Scientist for Culinary AcceleratorSept. 2014EII formed by Career Source 11.D.2 Packet Pg. 293 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) EXHIBIT 2 Operational Definitions Entrepreneurship Centers (InBIA) 11.D.2 Packet Pg. 294 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) Operational Definitions: Entrepreneurship Centers (Incubators, Accelerators, Coworking Spaces and Other Entrepreneurial Support Organizations) Version 2.0 September 2017 11.D.2 Packet Pg. 295 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) T he recent rise in leveraging regional entrepreneurship to drive economic development and job creation in local communities has resulted in a rapid evolution of entrepreneurial support models. Current models include incubation, acceleration, coworking, and blended models (which we refer to as super hubs). InBIA generally refers all types of entrepreneurial support organizations as entrepreneurship centers, though we fully recognize the differences and nuances for each approach. Below, you will find a list of definitions for several entrepreneurship center models that have the primary mission of helping entrepreneurs succeed. Glossary of Terms Branded Third-party Entrepreneurship Program Branded third-party entrepreneurship programs include replicable or franchised programs such as One Million Cups, Startup Weekend and Startup Grind. These programs are meant to be non-competitive showcase or learning events to help promote entrepreneurship in a local community. Coworking Space Coworking spaces offer open collaborative community-based workspace for like-minded individuals or early-stage companies. Coworking spaces offer flexible work space in the form of hot desks, private (dedicated) desks or offices. Member companies pay for their space through rent or membership dues. Coworking spaces typically do not offer formal/required programs (education or training), although they may have speakers, meetups or other optional, informal learning opportunities. Coworking spaces generally do not have established graduation criteria or competitive application processes. They are motivated to retain member companies as a sustainable revenue stream (versus graduating companies). Economic Development Center or Organization Economic Development Centers and Organizations are responsible for creating, managing, and supervising programs and activities that promote, assist and enhance economic development. They focus their economic development efforts on the creation of jobs and new investment in a region. These centers typically do not offer space or formal programming for entrepreneurs and startups. Higher Education Academic Department Academic Departments are housed in institutions of higher education and may provide space for student entrepreneurs. Academic departments are not separate programs, but rather offer courses and curriculum focused on entrepreneurship. Attendance in courses are mandatory for students to pass/graduate, and some curricula offer events for either networking, pitching, or demonstrating products. Incubator Incubators typically charge monthly program fees or membership dues in exchange for office/desk space and access to program offerings. Incubators offer programs to member companies that typically include mentoring, education/training, and informal learning opportunities. Incubators also host events to provide networking and learning opportunities for both member companies and the local community. Member companies are usually required to apply to ensure they meet the incubator’s criteria or mission (industry, stage of company, founder demographics, etc.). Incubators usually have graduation policies that are typically based on achievement of agreed-upon milestones, growth metrics or time-based stipulations. Typically companies join incubators on a rolling basis (non-cohort), and are able to reside in the incubator for 1-3 years. 1 11.D.2 Packet Pg. 296 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) 2 Makerspace Makerspaces are non-program based community work spaces that provide equipment for specific sectors of manufacturing (e.g., technology, 3D printing, woodworking, food) and provide the tools, training, and specialized equipment necessary for creating and building physical products. Pre-Accelerator Pre-Accelerators are similar to accelerators, except they typically do not have equity-based funding. However, they may have grant funds available or access to a community-based evergreen fund. Pre- Accelerators have a competitive application process, have mandatory attendance and include a culminating event at the end of the program. Pre-Accelerator participants are accepted into the 3-6 month program in a cohort that is very similar to seed accelerators. SBDC Small Business Development Centers (SBDC) are cooperative service-based centers that are subsidized by the SBA (U.S. based), government agencies (international), higher education institutions, or economic development organizations. SBDCs provide learning opportunities and mentoring for small businesses in any industry. Small businesses/entrepreneurs participate in SBDC programs on a rolling-basis (non-cohort based), have no graduation or participation criteria to meet, and are not charged for counseling services. There may be a fee to participate in SBDC training/educational programs. Some centers may have space available for rent, although most are walk-in counseling or training center configurations. The goal of a SBDC is to support small business growth and foster local and regional economic development. Seed Accelerator Seed accelerators have a highly competitive application process, and will invest equity capital in selected companies. Accelerator programs are typically short-term ranging from 3-6 months. Accelerator programs accept companies in cohorts and provide learning opportunities and intense mentoring to each company, with a culminating graduation event at the end of the program where companies are able to pitch their concept or product in front of investors and other key stakeholders. Space is usually provided to companies for the duration of the program, although some seed accelerators run cohorts virtually with required attendance at educational or networking events. Student Entrepreneurship Center Student entrepreneurship centers are programs offered by institutions of higher education (e.g., universities, colleges) and provide entrepreneurship learning opportunities and mentoring to foster entrepreneurship development among students. Some centers offer space while others do not. Participation is open to students enrolled in the institution and some centers have competitive application processes to participate in their programs or space. Super Hub SuperHubs blend several models of entrepreneurial growth into a single location, supporting entrepreneurs with a wide range of critical services. These are often incubators that may also have accelerator programs, coworking spaces, robust mentor networks, private offices, and/or networking events. These are located in urban, rural and developing regions in every country, and are often the anchor hubs for urban innovation 11.D.2 Packet Pg. 297 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) 3 districts. Technology Transfer or Commercialization Office Technology transfer and commercialization offices are focused on providing information, guidelines and resources to faculty, students or staff interested in commercializing research or intellectual property developed at the university through spin-out or technology startup companies. Technology transfer offices connect these companies with incubators, corporations, government agencies and investors. Some offer programs that include informal learning opportunities and mentoring. These offices typically do not have space available for rent, and do not have graduation criteria or culminating events. 11.D.2 Packet Pg. 298 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) EXHIBIT 3 EII Metric Dashboard including reported jobs created 11.D.2 Packet Pg. 299 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) ***This number is comprised of the State of Florida Grant Validated 11/6/17 - $11,969,500 plus $1,973,333 reported in FY18 Opened Accelerators Naples Acceleator September 2015 & Immoklaee March 2018 53 Active Companies Naples 28 Active Companies Immokalee 81 Active Companies 163 Total Companies through the program since inception Mission: EII supports and nurtures new and developing businesses to expand, grow and prosper in Collier County and beyond, thus creating jobs, investments and diversity in the local economy. $ 28,000 Net business income Total # of Jobs Tracked in Accelerators 185 Naples 42 Immokalee 227 Total Clusters • Emerging Technologies • Health, Wellness, Medical • Business and Financial Services • Agrotechnology and Culinary Products $13,942,833 ***Capital & Venture Investment 9/30/18 Services Provided • Networking opportunities and educational events • Mentoring from experienced EII Board members • Relationships with SCORE and FGCU/SBDC, & UF/IFAS • State-of-the-art facilities • Access to Universities Collaboration • Gateway to financing Federal* $113K State** $2,724K Local Funding $2,661K Through FY 2018 *Equiptment in Immokalee **Buildout of Naples, Woodstock’s & Immokalee 6 Board Member Mentoring Program To date 3 Educational Workshops FGCU-SBDC|Score|1millon cups 11.D.2 Packet Pg. 300 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) Active Members as of March 31, 2019 – Data Reported April 10, 2019 The Naples Accelerator | The Florida Culinary Accelerator @ Immokalee 239.249.5911 www.naplesaccelerator.com | www.theculinaryaccelerator.com | www.economicincubators.com Economic Incubators, Inc. Tracking Tools - Data Analysis of the Accelerators – March 2019 UPCOMING EVENTS @ Naples Accelerator 2019 April 17th Is Your Business Set Up Properly April 24th 2019 Business Roundtable – Collier County May 1st SCORE: EXCEL SPREADSHEETS for Beginners Part 1 May 4th SCORE: Saturday Mentoring May 11th SCORE: Starting a Tax Exempt Non-Profit May 8th 1Million Cups May 15th Lean Canvas - Your 20 Minute Business Plan – FGCU/SBDC November 6th Greater Naples Leadership GNL – Economic Development Workshop November 2019 - Leadership Workshop 11.D.2 Packet Pg. 301 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) EXHIBIT 4 Comparable job creation metrics of UCF-BIP for its first 5 years, 2000 – 2005 11.D.2 Packet Pg. 302 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) 11.D.2 Packet Pg. 303 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) EXHIBIT 5 Lean Canvas Format 11.D.2 Packet Pg. 304 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) Lean Canvas Project Name 01-Jan-2019 Iteration #x Cost Structure Customer Acquisition costs Distribution costs Hosting People, etc. Revenue Streams Revenue Model Life Time Value Revenue Gross Margin Problem Top 3 problems Solution Top 3 features Key Metrics Key activities you measure Unique Value Proposition Single, clear, compelling message that states why you are different and worth paying attention Unfair Advantage Can’t be easily copied or bought Channels Path to customers Customer Segments Target customers PRODUCT MARKET 11.D.2 Packet Pg. 305 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) EXHIBIT 6 Proposed programing, operational requirements and reports 11.D.2 Packet Pg. 306 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) PROPOSED PROGRAMING AND OPERATIONAL REQUIREMENTS 1. Operate and staff the two accelerators based on agreed program goals. 2. Monthly Dashboard are to be submitted by the 30th of the following month 2. Quarterly Financials are to be submitted by the 30th of the following month. 3. Demonstrate utilization of accelerator program assets as evidenced by providing executed Participant User Agreements (PUAs) quarterly. 4. Provide an annual report of accomplishments to the COUNTY 5. Timely submit, including all available extension’s, IRS Form 990 Return of Organization Exempt from Income Tax to the IRS with a copy to the COUNTY within one week of filing with the IRS. 6. Providing the COUNTY with a Request for Payment Form, and Payment Record, which includes payroll reports and bank transaction report. This will be submitted twice a month. 11.D.2 Packet Pg. 307 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) EXHIBIT 7 Aspirational achievement goal metrics 11.D.2 Packet Pg. 308 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) ASPIRATIONAL GOAL ACHIEVEMENT METRICS 1. Create an improved programmatic structure to increase the number of program participants and increase the number of successful exiting participants. 2. Enhance diversification and participation of the participants to include more new economy and growth-oriented participants. 3. Concentrate increased emphasis on more companies in the designated sector of Emerging Technologies, Health, Wellness and Medical and Business and Financial Services. 4. Providing quality educational workshops, investor pitch opportunities and networking events. 5. Manage a mentor network by engaging residents and utilize EII board members to assist in providing active mentoring, community outreach, networking, and active involvement on essential committees. 6. Raise and increase accelerator job creation and business investment metrics by increasing the desirability of joining the accelerators so that a competitive placement exists - thereby improving the overall quality of program participants. 7. Metrics will be established for each category and reported monthly. 11.D.2 Packet Pg. 309 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) EXHIBIT 8 Spreadsheets of programing and deliverables for EII and some other incubators 11.D.2 Packet Pg. 310 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) Accelerators visited or studied by EII since January 1, 2019 Summary of Funding Business Revenue Government Support University Support Grants private funding (Philanthropist) Venture Capitalist Profit Model (Private) Economic Incubators, Inc. x x Some UCF-BIP, Orlando x x x Some minimal FIU Accelerator x Some UCI Applied Innovation at the Cove x x x x TechSpace x WeWork, Spectrum Center x Tampa Bay Wave x x x x x Collaboratory (SWFL) x x x Summary of Programs Business Incubation Program Venture Accelerator Lab/ Venture Competition Center for Entrepreneurial Leadership I-Corps GrowFL Venture Competition Mentoring Program Small Business Development Center Events Economic Incubators, Inc. x x x UCF-BIP, Orlando x x x x x x x FIU Accelerator x x UCI Applied Innovation at the Cove x x x x x x x x TechSpace WeWork, Spectrum Center x Tampa Bay Wave x x x Collaboratory (SWFL) x 11.D.2 Packet Pg. 311 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) Organization Type Agreement Date Maintain Staff Bi-Monthly Payroll ReportsFinancialsParticipants User Agreements (New Companies)Revenues/ActualsAnnual Projections MonthlyBusiness Plan990 Form Quarterly Reportbiannual Report Annual ReportFundraising PlanQuarterly Analytic Reports Graduating CompaniesOffering Certificate CoursesConsolidating operations and facilities Support Tech CompaniesCollaboration Marketing effortsPromote New Business Creation and Growth# of jobs created or retained# of educational & networking events & # of attendees# of workshops and # of attendeesCapital investment (life to date)Monthly Progress ReportsCounty Contribution Payments or Reimbursements Term Public InterestNotes Economic Incubators, Inc. (EII) Not-for-Profit/County FY2019 5 FTE x x x x x x x x x x x x 600,000$ per deliverables 1 year x 203,829 is for direct pay rent (Naples) University of Central Florida Research Foundation, Inc. Non- Profit/Educational/Co unty FY2019 UCF x x x x x x x 795,906$ in Full at beginning 1 year x Staff and buildings covered by UCF Business Development Board of Martin County Not-for-Profit/County Apr-17 2 FTE x x 450,000$ Quarterly 3 years x Southwest Florida Enterprise Fund Government City of FM x old agreement - waiting on new one Tampa Bay Wave Private not-for-profit Oct 17 - Sept 19 x x x x x x x x 250,000$ Quarterly olr monthly - per units 3 years x #s are goals not deliverables - building provided by donor Miami Downtown Development Authority (Venture Hive)Public March-13 x x 250,000$ 1 year + 4 YEAR x Contract & Deliverables Assessment 11.D.2 Packet Pg. 312 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) EXHIBIT 9 List of companies in the accelerators past and present 11.D.2 Packet Pg. 313 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) EII Participants March 31, 2019 Exhibit 9 List of Companies (Participants) in the accelerators past and present List of Companies (Participants) - Present Naples Accelerator HyperTeam IDM Brand HSG Consultants - changed to Naples HSG Consultants Elephant Creative Co. 5th Avenue Films Directional Command, Inc Wegner Law Excelerate Technologies Recite Me LifestyleLawn/The Connection Club Lasting Links, LLC 401KPlans.com Seaboard Agency Community Health Partners – Core Health Partners Veterinary Technical Institute Media Production Group HealthMe Technology, Inc. ConnexPay Advanz, LLC Pelican Pro Home Services Heroic LLC and Noetic, LLC MyLegalEdge TLHA Enterprises, Inc. Rise and Bless Krakem Richard’s Employment Agency First Coding School of Naples – Logiscool Hunger & Homeless Coalition of Collier County MJI Management Group Corp dba GreenLine Energy Citizens Reserve Marketing Solutions – DMA Marketing CrowdReviews.com GSS Equity Corp. Dean Fry Realty One IMS Alter Business Advisors, LLC dba Sunbelt Business Brokers Care Med Transportation NOCO, LCC Rooted Apothecary Truth Technologies, Inc. Saggio Reality CICLO dba NoRISK Media – The Naples Card One Solution Advisors Simply Think Environment Management inc ( STEM ) CXCI, LLC MentorcliQ Kryosec, Inc. Minnesota Medicare Consultants PD Design, LLC dba MVP Associates Suncoast Windows & Doors Avendair Aircraft Sales, LLC M&M Painting and Pressure Cleaning Espresso Coaching Culinary Accelerator Chef Daniela- Amo Cucinare Krazy Krops Carina’s Sauce MGP Citadelle Inc Dream of Jeanne Olives Orange Peels Luz Estela Goddard Sanissimo Vegan & Vegetarian Food Sweet Cravings by Milade Saieh Guadalupe Coffee Deliziosi LLC Emilco, LLC Tomahawk Nutrition Big Joe BBQ Alicia's Catering Rise RawShots ValZac Habaneros Catering The Claw Bar Jorge Salt & Co Sylvia Hernandez 3rd Street South Distillery Sourcing- Solutions The Acai Company Brigher Brites Roots to Fruits Organize – Farm Food Truck Insanity of the Pepper Chef Hyde Team Grumpy Goat Coffee 11.D.2 Packet Pg. 314 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) EII Participants March 31, 2019 List of Companies (Participants) – Past Naples Accelerator Fit Nation 3D Printing of SWFL RUMM-USA Secure Cloud Systems Doc Charge/Yallow InsulinNG Diode International Very Us TruPayroll Kraft Top Local Greens Ilme Advertising Mroom Barbershop Show Pitch Echo Aerials Investment Innovations Fit Project Radio AirFi Networks Revenue Ride DCX Global Ferguson Management Services Aptamir Therapeutics, Inc. Howard Isaacson Naples Intl. Leadership Institute Gecko Networks Link To Fitness Bruce Vanderlaan Attorney Joyful Juicing Strategies Without Borders Medicaid Assistants NaNoEar Modiv Golf Life Navigators Juice Technologies, Inc, dba Plug Smart Adrenaline Venture Fund I Biello Realty WFG Opportunities Bicultural, Inc SkinCare by KarenWillour Ellis Strategy Group Business Solutions Live, Inc. Komdigit Gifted Coin Moose Holdings, LLC Fusion Pointe INTEC Synergy Frameworks Nexshift Harpers Love Tellus Global, LLC Laura Bensman | Words Koala Healthcare System Borman Productions StratTech Summit Financial Services PharmACT Swiss AG Genesee Investments, LLC Blue Grey Marketing INNERSENSE NAACP Moonlight Partners, LLC BAYSHORE EDUCATION CENTER Tiny House Media, LLC Lorusso Energy Systems Ingenuity Lab IDAHealth, Inc. Qipo PAUL BROTHERS INVESTMENT CORP Maff Health MVP Realty Associates, LLC Hey Philip Clara Consulting Saffron Edge, Inc. Bud Stoddard PK Game Art & Illustration Mission 3D e2 Young Engineers of SWFL Culinary Accelerator Judy's Pastry @ Bakery Moonlight Partners Val’z Bitty Bites Sweta N Davison Chef Rosaria Maria 11.D.2 Packet Pg. 315 Attachment: EIIWhitePaperFinalApril152019 (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 316Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 317Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 318Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 319Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 320Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 321Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 322Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 323Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 324Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 325Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 326Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 327Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 328Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 329Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 330Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 331Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 332Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 333Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 334Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 335Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 336Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 337Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 338Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 339Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 340Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 341Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 342Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 343Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 344Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 345Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 346Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 347Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 348Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 349Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 350Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 351Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 352Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 353Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 354Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 11.D.3Packet Pg. 355Attachment: excerpt BCC min 2-26-2019 item 10-B - EII (8672 : Collier Accelerator Program) 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. 3. County Attorney Office County Attorney Office J A i 1 in `/ ijnrIll 10 4. BCC Office Board of CountyAs Commissioners PiSt (0'a- 5. 0- - 5. Minutes and Records Clerk of Court's Office Cf/k) IC(al)& ,-?_:55-Pk 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 S'AC`,cc.. K.4.`(\.4c-x.."2-A— Phone Number 7T Contact/ Department Qom , d--$ r F. t..t(L-E,) Agenda Date Item was Agenda Item Number INS Approved by the BCC (11 F•8iAst1 +Z \ i Type of Document Number of Original Attached 9$ .i,\•(N .,rIV 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 column,whichever is Yes N/A(Not appropriate. Initial) Applicable) 1. Does the document require the chairman's original signature? nCy 2. Does the document need to be sent to another agency for additional signatures? If yes, n provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. k,K 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 t Office and all other parties except the BCC Chairman and the Clerk to the Board F 5. The Chairman's signature line date has been entered as the date of BCC approval of the C/ 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 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. jia(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 q.21iand all changes made during the meeting have been incorporated in the attached document. The County Attorney's j4 Office has reviewed the changes,if applicable. 41. i' , 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 a-or I Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip ww5 Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 11.D.4 Packet Pg. 356 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) AGREEMENT BETWEEN COLLIER COUNTY,FLORIDA AND ECONOMIC INCUBATORS,INC. This AGREEMENT is made and entered into as of this 25th of September,2018,by and between Collier County, a political subdivision of the State of Florida (the "COUNTY" or Fiscal Agent")and Economic Incubators,Inc. ("Ell"or"Administrative Entity"),a Florida not- for-profit corporation. WITNESSETH WHEREAS, on September 10, 2013, Agenda Item 11.C, the Board of County Commissioners ("BCC") approved the Office of Business & Economic Development's FY 14 Business Plan, which included a goal of developing a Business Accelerator program. Policy direction from the November 26, 2013, and December 10, 2013, BCC meetings culminated in the May 13, 2014, approval of the Collier County Innovation Accelerator Business Plan, including authorizing its implementation; WHEREAS, on November 18, 2014, Agenda Item 11.C, the BCC approved an agreement between COUNTY and Ell, designating Ell as the Administrative Entity for the Collier County soft landing and Immokalee culinary accelerator development strategy identified in the Collier County Innovation Accelerator Business Plan ("Accelerator Project"), and maintained the successful public private partnership for fiscal years 2015,2016, and 2017, and 2018; (the "Agreement"); WHEREAS, the COUNTY recognizes the advantages of having a not-for-profit entity to administer the Accelerator Project, including, but not limited to,the Naples Accelerator and Florida Culinary Accelerator @ Immokalee (hereinafter referred to as the "Project"), and the COUNTY finds it is in its best interests to engage Ell as the Administrative Entity pursuant to the terms and conditions set forth below,as Ell is an independent not-for-profit corporation; WHEREAS, Ell will strive to achieve the core objectives and to support the goals and objectives identified in the updated Collier County Innovation Accelerator Business Plan; WHEREAS, the COUNTY has determined that it is in the best interests of Collier County to continue to support the Accelerator Project efforts that support and further the goals and objectives identified in the County's Business and Economic Development Business Plan; WHEREAS, the parties wish to enter into this Agreement to continue the COUNTY's continued support and funding of the Accelerator Project beginning October 1, 2018, through September 30,2019,for fiscal year 2019; WHEREAS, the COUNTY enjoys broad Home Rule Powers, which include the authority to enter into agreements to enhance economic development within Collier County; 11.D.4 Packet Pg. 357 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) 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 fords 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 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 COUNTY has adopted an Accelerator Project with the specific purpose of diversifying the economy and enhancing the employment opportunities and careers of Collier County citizens. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein,and other good and valuable consideration,the COUNTY and Ell agree as follows. ARTICLE I SCOPE OF SERVICES AND ROLES AND RESPONSIBILITIES Ell shall administer the Accelerator Project by performing the roles and responsibilities described in Exhibit "G" and providing the services and activities described in Exhibit "A," 6-,;(j). 11.D.4 Packet Pg. 358 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) Scope of Services. Both Exhibits A and G are 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 Ell. Exhibit "G," which is incorporated herein by this reference, defines the broader COUNTY economic development relationship with Ell,which will be reviewed and monitored by COUNTY staff. Exhibit H,which is incorporated herein by this reference,defines the roles and responsibilities of the Fiscal Agent. ARTICLE II TERM OF AGREEMENT This Agreement shall be effective upon execution by both parties and shall cover services provided from October 1,2018,until September 30, 2019,unless otherwise terminated in accordance with this Agreement or extended by mutual Agreement of the parties. ARTICLE III CONSIDERATION AND LIMITATION For its performance of the Deliverables in Exhibit A of this Agreement,Ell will receive funds from the COUNTY in the amount of Six Hundred Thousand Dollars($600,000). ARTICLE IV PAYMENT AND REPORTING REOUIREMENTS It is intended that the"Personnel Costs,"as delineated on Exhibit B 1,are to be construed to ensure maintenance of staffing requirements to include, payment for leased employees and independent contractors. Funding shall also include salaries, hourly wages, holiday pay, vacation and paid time off,dental,vision and health benefits, payroll taxes,cell-phone service allowance up to fifty dollars per month, Worker's Compensation coverage, matching 401K contributions up to 5%, service fees associated with third-party payroll service providers and employment agencies shall be on a cost-reimbursement methodology for actual eligible expenditures. Upon Ell's written request, the County Manager may change job titles and compensation,not to exceed 10 percent per position and report said action to the Board. Rent, as delineated on Exhibit Bl , for 3510 Kraft Road, Suite 200,Naples,FL 34105, shall be paid directly by the County. Equipment and facility, as delineated on Exhibit B 1, may include, but are not limited to, culinary utensils, equipment, pots, pans, kitchen items, materials, office furniture, technology,labels and printers,lab equipment and items used in the laboratory,automated entry system, software, signage and facility improvements at the Florida Culinary Accelerator @ Immokalee. 0 11.D.4 Packet Pg. 359 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) Actual expenditures eligible as a basis for reimbursement can and shall include Personnel Costs for Ell personnel performing services described in Exhibit "A", rent for 3510 Kraft Road, Suite 200, Naples, FL 34105, and equipment and facility expenses. Ell shall be entitled to compensation upon BCC approval of the Agreement, distributed as requests for reimbursement are submitted for reimbursement of eligible expenses approved by the County, beginning October 1,2018. All payment requests shall be submitted in accordance with COUNTY procedures and in a form acceptable to the COUNTY and Ell,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 apart hereof. All payment requests by Ell 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 Ell,as generally outlined and set forth in Exhibit "C," attached hereto and by reference made a part hereof. Payments to Ell will be made as soon as possible,but in all circumstances within forty- five (45)days of the date of the requests, in compliance with the Florida Prompt Payment Act. If the COUNTY determines through its inspection or review that Ell has performed, or is performing less than the total agreed upon services,then the COUNTY shall notify Ell in writing specifying those services that it alleges have not been performed or fully performed and Ell 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. Ell shall submit its Program Performance Reports (Exhibit"C") at least monthly and a year-end analysis, and any other required reports shall be submitted before October 15, 2019, or earlier termination of this Agreement, or as provided otherwise elsewhere in this Agreement or Exhibits.If Ell fails to comply with the requirements of this Article,the COUNTY may refuse to honor or be liable for payment of any late request for payment,however the County Manager or his designee may enlarge said reporting periods or deadlines as necessary. ARTICLE V MAINTENANCE OF RECORDS Ell shall maintain such financial records and accounts, including invoices, purchase orders and backup materials or documents that are reasonably deemed necessary by the Parties to assure a proper accounting for all COUNTY funds for which the COUNTY is obligated to reimburse Ell 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 0 11.D.4 Packet Pg. 360 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) matters covered by this Agreement.At the COUNTY's request,a COUNTY representative may review the Business Income and Private Contributions records.Ell also shall provide timely and reasonable access to Ell's Chairman of the Board, or his designee, at times convenient for the COUNTY for the purpose of questions or explanations related to such records and accounts. Ell shall retain for such inspection all of its records and supporting documentation applicable to this Agreement for a period of five (5) State of Florida fiscal years from the date of the COUNTY's Grant Agreement, SL007, with the Florida Department of Economic Opportunity ("DEO"), when an audit report is issued, or five (5) State of Florida fiscal years after all reporting requirements are satisfied between the COUNTY and the DEO and final payments have been received, whichever is longer. In addition, if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling records retention period,as identified above,and the COUNTY has provided notice to Ell of such action, the records shall be retained until completion of the action and resolution of all issues that arise from it,or until the end of the controlling period, as identified above,whichever is longer. Ell 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. Any exempt or confidential records withheld by Ell in a reasonable attempt to comply with this provision,or excluded from any other section in this Agreement purporting to require disclosure of such records, is not a breach of this agreement, unless such actions are in direct contradiction to a written request from the COUNTY. 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, except those exempt from disclosure under the terms of the Section 3 of this Article V, 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. 11.D.4 Packet Pg. 361 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) 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 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239)252-8383 ARTICLE VI INDEMNIFICATION To the extent allowed by Florida law, Ell shall indemnify, defend, and hold COUNTY harmless from all claims, suits, judgments, or damages to the extent the same arise from the negligence or intentional misconduct of Ell in its activity as the Administrative Entity of the Project pursuant to this Agreement.Ell's undertaking pursuant to this Article does not constitute the COUNTY's consent or waiver of sovereign immunity or consent to be sued by third parties. To the extent allowed by Florida law, COUNTY shall indemnify, defend, and hold Ell harmless from all claims, suits,judgments or damages to the extent the same arise from the negligence or intentional misconduct of COUNTY. COUNTY's undertaking pursuant to this Article does not constitute waiver of sovereign immunity or consent to be sued by third parties. The Accelerator Project is an important catalyst for economic diversification, job creation and capital investment in COUNTY's economic development ecosystem. However, obtaining and providing resources to entrepreneurs creates risks for the Accelerator Project.The management of the Accelerator Project has been placed upon Ell under this Agreement. Ell's management of the Accelerator Project's risks is an integral part of this Agreement. Ell agrees to manage risks resulting from the Accelerator Project operations through oversight, by obtaining a Iiability insurance policy approved by COUNTY, and utilizing participant forms approved by the COUNTY,which requires participants to assume the liability and risk related to their participation in the Accelerator Project's facilities, equipment,resources and materials. Ell shall require all participants of the Florida Culinary Accelerator@ Immokalee to operate in accordance with all state, local and federal statutes, regulations and food safety requirements and to indemnify the COUNTY in the same manner provided herein above. ARTICLE VII 1'bRMINATION Termination at Will:This Agreement may be terminated at will by either party by giving a minimum of thirty (30) days' prior written notice of such intent, specifying the effective date thereof to the other party. 11.D.4 Packet Pg. 362 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) Termination for Default: Each of the parties hereto shall give the other party written notice of default hereunder and shall allow the defaulting party no fewer than five(5)days from the date of receipt of such default notice to cure said default,or the minimum amount of time as provided elsewhere in this Agreement, whichever is longer. In the event the defaulting party fails to timely cure the default, the non-defaulting party may terminate this Agreement by written notice to the defaulting party. Upon termination all nonexpendable property, purchased under this Agreement using Project Funds, shall be returned to COUNTY. The aforesaid termination notices, as well as all other notices required herein, shall be considered received by Ell 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 Ell agrees to abide by the provisions contained in Collier County CMA #5383, as amended. ARTICLE IX STAI'EMENT OF ASSURANCE During the performance of this Agreement, Ell assures the COUNTY that Ell 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 Ell does not, on the grounds of race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against Ell' s employees or applicants for employment. Further, Ell assures the COUNTY of Ell's compliance with the Americans with Disabilities Act of 1990,as amended,as applicable.Ell understands and agrees that this Agreement is conditioned upon the veracity of such statements of assurance. Furthermore,Ell assures the COUNTY that it will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved. Other applicable Federal and State laws, Executive Orders, and regulations prohibiting discrimination as hereinabove referenced are included by this reference thereto. This statement of assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability. ARTICLE X INSURANCE Ell shall, procure and maintain throughout the period of this Agreement on behalf of itself and COUNTY, a policy of insurance that shall be approved by the COUNTY and that is consistent with Exhibit "E." County Manager or designee is authorized to update the insurance isJ 4tt 3 11.D.4 Packet Pg. 363 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) requirements, as needed, and must subsequently provide a report to the BCC of the updates granted. All insurance shall be obtained from responsible companies duly authorized to do business in the State of Florida. All liability policies shall provide that the COUNTY is an additional-insured party as to the action of Ell, its employees, agents, assigns, and subcontractors,performing or providing materials and/or services to Ell during the term of this Agreement, and also shall contain a severability of interest provision. 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. Ell shall provide the COUNTY with a Certificate of Insurance that documents such coverage within thirty (30) days of execution of the Agreement by the COUNTY. ARTICLE XI CONFLICT OF INTEREST Ell 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 service required hereunder. ARTICLE XII DRUG FREE WORKPLACE Ell shall administer, in good faith, a policy designed to ensure that Ell's employees, agents and subcontractors are free from the illegal use, possession, or distribution of drugs or alcohol. ARTICLE XIII GOVERNING LAW: VENUE This Agreement shall be governed by the laws, rules, and regulations of the State of Florida,or the laws,rules,and regulations of the United States if Ell is providing services funded by the U.S. government.Venue shall be in Collier County,Florida,or in the event such claim is a federal cause of action, in the Federal District Court for the Middle District of Florida, Fort Myers Division ARTICLE XIV COMPLIANCE Ell shall comply with the requirements of all federal, state, and local laws,rules, codes, ordinances and regulations pertaining to this Agreement. 11.D.4 Packet Pg. 364 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) ARTICLE XV ASSIGNMENT Neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party. ARTICLE XVI HEADINGS Article headings have been included in this Agreement solely for the purpose of convenience and shall not affect the interpretation of any of the terms of this Agreement. ARTICLE XVII WAIVER A waiver of any performance or default by either party shall not be construed to be a continuing waiver of other defaults or non-performance of the same provision or operate as a waiver of any subsequent default or non-performance of any of the same terms, covenants, and conditions of this Agreement.The payment or acceptance of funds for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 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 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. 11.D.4 Packet Pg. 365 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) ARTICLE XXI PROJECT PUBLICITY Any news release pertaining to the services performed by EIl pursuant to this Agreement must recognize the contribution of the BCC as a funding source.As a not-for-profit corporation that receives public funding or non-monetary contributions through the COUNTY, Ell 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 Ell ' s efforts, and particularly those projects induced with COUNTY funded financial incentives or other 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 no less than 15 working days whenever possible or practicable,and potential prospects will be made aware of the COUNTY's publicity protocol before final inducement with any incentive packages or contributions. ARTICLE XXII SURVIVABILITY Any term, condition, covenant or obligation which requires performance by either 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 Ell.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 Ell shall not engage,participate or intervene in any form of political campaign on behalf of,or in opposition to, any candidate for political office. 71.§) 11.D.4 Packet Pg. 366 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) ARTICLE XXV MERGER•MODIFICATIONS This writing embodies the entire agreement and understanding between the parties hereto and there are no other agreements and/or understandings, oral or written, with respect to the subject matter hereof, that are not merged herein and superseded hereby. This Agreement may not be modified,amended,extended,or canceled,verbally or by conduct of the parties,but only by a written instrument executed by the COUNTY and Ell. Similarly, no contract that purports to affect the terms of this Agreement shall be valid,unless in writing and executed by the COUNTY and Ell. 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 Ell: Leo Ochs, County Manager,Collier County Jennifer Pellechio 3299 Tamiami Trail East, Ste. 201 3510 Kraft Road, Suite 200 Naples,FL 34104 Naples,FL 34105 With a courtesy copy,not itself notice, to: P. Christopher Wegner Wegner Law PLLC 3510 Kraft Road, Suite 200 Naples,FL 34105 ARTICLE XXVII BUSINESS INCOME The Accelerator Project is expected to generate Business Income, which includes, income from service fees,rental fees,usage fees and other miscellaneous revenue generated by the Accelerator Project's operations. Private contributions (in-kind, cash, services, etc.) will be excluded from Business Income. Private contributions revenue may be expended by Ell for Z; 11.D.4 Packet Pg. 367 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) purposes determined by Ell without Board of County Commissioner approval. Private contributions and matching expenses must be maintained separately from Business Income records and may be reviewed by the County Manager or his designee upon request. This information is considered confidential and will not become a part of the public records documentation or County funded records. Business income will be managed, collected, recorded, reported, and retained by Ell within the Accelerator Project. Business income is considered unrestricted funds and will be used for program cash flow or allowable program costs as detailed in the budget and Article IV.The use of business income will require a budget, which shall be reviewed quarterly and approved by the Executive Committee of Ell's Board of Directors, and will be approved by the County Manager or his designee. Travel allowance or reimbursements shall be paid by Ell. Rent for 170 Airpark Blvd., #103, Immokalee, Florida 34142,shall be paid by Ell.At the termination of this Agreement,any unspent Business Income and private contributions will be returned to the County or Ell's successor. The establishment of an organization that maximizes business income to leverage the County's fmancial commitment is paramount to the relationship created by this Agreement. During the term of this Agreement,it is the intent of the parties that COUNTY funding be used primarily for all expenditures reimbursable under the COUNTY's reimbursement policies, whereas Business Income may be used or held in reserve until such time as it is required or carried forward to the Project's next fiscal year. Ell's establishment of a Reserve Fund to meet its future cash flow and capital requirements is authorized. Ell's Board of Directors' Executive Committee shall approve quarterly reports that account for Business Income and private contributions or in-kind private contribution, and the minutes of this approval will be provided to the County Manager or his designee. The monthly report on Business Income and private contributions or in-kind private contribution shall detail Ell's progress toward the budgeted amount identified on Exhibit B 1. The Fiscal Agent is authorized to seek BCC approval of an adjusted budget, revenue and expense, in response to revenue shortfalls that are 70 percent of the quarterly targeted revenue budget calculated by dividing the Business Income and the private contributions budget delineated in Exhibit Bl by 4(fiscal-year quarters). The USDA Rural Business Development Grant("RBDG")used to purchase equipment at the Florida Culinary Accelerator @ Immokalee requires that a percentage of business income generated from grant-funded equipment be used to create an equipment maintenance fund. Ell agrees to account for and segregate the percentage allocated from business income for the equipment maintenance fund and to submit these funds to the COUNTY monthly. ARTICLE XXVIII SUBCONTRACTS Ell shall be responsible for all work performed and all expenses incurred for the Project subject to reimbursement. 4S) 11.D.4 Packet Pg. 368 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) a) Ell may,as appropriate and in compliance with applicable laws, subcontract the delivery of the services for the Project,provided,however,that Ell will be solely liable to the subcontractor for all expenses and liabilities incurred during the contract subject to appropriate reimbursement pursuant to this Agreement. b) Any and all subcontracts Ell executes for the Project shall include provisions whereby Ell and the subcontractor agree to abide by all local,state and federal laws and indemnify and hold harmless the COUNTY. ARTICLE XXIX BUDGET MODIFICATION Modifications of the Ell Budget (Exhibit B) may only be made if approved in advance by the County Manager or his designee and if such modification to the Ell Budget(Exhibit B) exceeds Fifty Thousand Dollars then it will require an Agreement amendment approved by the Board of County Commissioners. ARTICLE XXX PROCUREMENT POLICY Ell shall provide the COUNTY with its approved procurement policy, which Eli will maintain in compliance with its grantor agencies. SIGNATURE PAGE TO FOLLOW REMAINDER OF PAGE INTENTIONAL LEFT BLANK. 0 11.D.4 Packet Pg. 369 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) IN WITNESS WHEREOF, this Agreement was dated on the day and year first written above. ATTEST:s BOARD OF CO T COMMIS :• E'S CRYSTAL K.KINZEL CLERK COLLIER . FLORID // By; ~ 44. By: r L Attest as to Chairman's DEPt ''.' NDY SOLIS,CHAIRMAN signature only. _ Approval for form and legality: Jennifer A.Belpedio 7j Assistant County Atto t' ECONOMIC INCUBATORS,INC. By: Signature Print Name and Title I 11.D.4 Packet Pg. 370 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) f3{ EXHIBIT A SCOPE OF SERVICE ORGANIZATION: Economic Incubators,Inc. PROJECT:Naples Accelerator&Florida Culinary Accelerator @ Immokalee OBJECTIVE: Project Administration Performance Criteria Ell shall only provide the supporting documentation identified herein below to substantiate the following activities/accomplishments for reimbursement: Deliverable is Maintain staff which shall be comprised of a Chief Operating Officer, Business Specialist, Culinary Program Manager, Culinary Business Development Manager, and Facility Maintenance Specialist, based on the FYI9 Compensation detail model included with this Agreement. Progress and completion of this deliverable will be evidenced by providing the COUNTY with a Request for Payment Form, and Payment Record, Exhibit C, Exhibit D which includes payroll reports and bank transaction report. Deliverable 2: Administer the Project as evidenced by generating and providing the COUNTY with a cover letter prepared monthly by Ell's bookkeeper that identifies overall positive and negative financial conditions. Ell's bookkeeper also will provide accurate monthly financial statements, including a monthly and year-to-date Statement of Activity, monthly Statement of Financial Position, General Ledger (GL), Statement of Cash Flows, aging reports for Accounts Receivable (AR), Accounts Payable (AP), and bank statements. Monthly & Quarterly financials are to be submitted by the 30th of the following month. Deliverable 3: Demonstrate utilization of accelerator program assets as evidenced by providing executed Participant User Agreements (PUAs) quarterly. The Naples Accelerator shall meet the budgeted revenue targets as identified in Exhibit B. In addition to the monthly report required by Deliverable 4, a quarterly report of progress toward meeting the annual revenue target shall be submitted to the COUNTY. Deliverable 4: Monitor and report progress towards meeting revenue goals as evidenced by providing a report that compares estimated revenues with actuals and an updated annual projection by the 30th of the following month. Deliverable 5: Prepare and submit an updated draft business plan for the Accelerator Project. A draft for review and comment will be provided to Fiscal Agent by December 31 , 2018, with the final updated business plan to be submitted no later than one week before the Board's second meeting of January, 2019. Deliverable 6: Timely submit IRS Form 990 Return of Organization Exempt from Income Tax to the IRS with a copy to the COUNTY within one week of filing with the IRS. 11.D.4 Packet Pg. 371 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) Deliverable 7: Provide a quarterly report of accomplishments to the COUNTY with an biannual report prepared for the BCC and an annual accomplishment report in compliance with Section 123.045(4),F.S.to COUNTY on an annual basis within forty-five(45)days of the end of the term of this agreement. Deliverable 8: Ell shall provide the COUNTY with its FY 2019 fundraising plan, by March 1, 2019,which contemplates achievement of the budgeted annual private contributions. Deliverable 9: Maintain a search-engine optimized website which identifies the relationship with the COUNTY created by this agreement,and monitor analytic reports on its usage, as evidenced by the submission of quarterly analytic reports. 11.D.4 Packet Pg. 372 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) Economic Incubators his. 2019 Budget&Revenue Reuse Plan including Uso of Private Contributions Blaine ....7 692.019 Budget I Dity20t96dgs I Outlaws lraee/Priede fenothetiaulOttee Setrw Memhedy/0usinest Renee Sl/M/010 S 111.196 5 04760 $ 0.244 5 5 197.80 thew leeemem A Spesend«w 6OP7O111 01000 01.000 110.000 Interest/Mc 0770070 Gsera wino,lne eenrivite Cu mead m/oie Serve. 16;:'71R190 I IS',,76.760 1 I S:-UM I I f '..'::•I I; 0o7.310( Allman,drOmetdd Accounts 01/77010 13.0361 494) 4.420) I Totalt0lNAcAedms 1$1'.,..43.9,164 an Prenerriena RI/rl/otN f`:;i: (o 011 15--'- ..:,:I [4 .: I i .:::::0,.;701( Net their.,I nmrar/Pr6rtte caeleaN rr/od.r swtea 7/0770 f S 70.771 f ,'5,146 $ 907.7O° Collercerey Rrserces County Comma Ramhusanern 0C 230.766 170.556 400044 CemPemstitn fell Penne(551Vempleyee/rnerrehl OC 600 600 1.100 Caarey>Wr Pay(Rent, CC 203,170 3075$ Other Opedgdng/6ea0tyCoes(Cattier teen* OC Camay CoremtAm.rts4 16:aua.a( 16•..' .0 ( Is :::I 4 iit,s6) (S _t y l nese Amine Iimais0en 07770107 39 0,031 Coneyer Fmiq S 15.0f. 714668 $ , S 14.701 f ...600.009 iaWSameea Y',`l0/ 'S i` OprwR&Nom Cempemmion sin Reeefn OC/OUPVOPN 230.260 170.551 400.049 CenpemaOen an Mane C404M/O711 600 900 1.200 Rem[ahpeme(0310 Rah Road) C451187010 201.929 20109 PO or,oestooismovo commie 040005/010 SuMa41•Coney CuerredgAmewt IfR:?._r.:7 -'s **0s = F 'ti- [e1 eltii06111$1101160MIrte Funded Eapwes Product Cudgel Grads Sdd voofol 1 1106 3116 Rem Eapeme 771/070 57.566 4.907 70.• 37h00000 mretrenai Senders(Ste Detail Tal) 777010 Ue1itles(TaepheneAetereeV0ar41Mh) 701/010 11000 24JP00 31.700 Centsemud lerdees IR,Creiat.metra let.) 101/010 1.000 0.600 12600 C rneeter/Sdevere Related 777010 1900 4.000 13.000 Emote Sp.n.os0. 795/0111 15.000 53900 30.010 7500 Pont et Fae7i tyRem0Nlil 7A101N 4K1 4.661 Mee Stelae 701010 000 5900 3.100 nInen,Repents 101/070 5.300 7.00 20960 C*04791.6ng Rapture 777010 3.606 1.200 4900 Treed 097010 1,600 5606 ParddpaeAmadeu 5/Pt/G111 0.000 1.200 10.300 MadmWa6/Admelain4 117010 12000 50,400 04900 PwkdW[piyute'Venn 0707010 5.000 5600 020'(16411414 0790010 7,400 4,100 4.600 Inoue,and Penults 011/1/0111 1.200 560 1.500 Duet•Se seripudro 11/71/010 300 300 000 Oar*Seem Chaves 10/91/0111 120 500 420 Crede Cad Preteeaee Feet 60/1/010 3600 3.600 lee erel&te.0UP1/0711 1.700 1.300 Adleienal Ceoperdatee(Nsmiml) 0777010 SnAeaW•Ddmn Ammdlrbdge Funded Eapwe 1 I-- 1I' s96s'.' 13}'.41uui66d) I`S'*- 7a5.677'I akeTotalOperating&pease t10rw"*.i LI -.:i!JS$ FST.1.7 1; !:}t-..8 g Operating erphs//O.11d4 1`414179Lo 1 E.,t.Jl h 1EJ I`sM .` 'i 0 1lt...4...Meedx Femme 61310 11 Ott 2.515 00% AmwM 06.706) (51.006) IL70) 1405 Depremdmt Expanse MOTH (2&071 1101.116) 5936) 130915) Kenn,Omuta;atughiiRexner 16: 114011 ME= 14 -;:>vi [S1.401 Nem; 0/11/0111•pwriruSerce e&ereasinceonothireeleviternated0OurSome OC•pr,dagSeuneeCdhntannyAwrct i Primed 0/24/10 2sU PM Pale 1/1 r.LP1 11.D.4 Packet Pg. 373 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) 1 EXHIBIT B1 Project Budget of County Funding FY 2019 ORGANIZATION: Economic Incubators,Inc. PROJECT:Naples Accelerator&Florida Culinary Accelerator @ Immokalee Budget Category Uses Notes Project Budget County Funding FY 2019 Compensation 394,971 Cell Phones for Business 1,200 Rent(3510 Kraft Road, Suite 203,829 200,Naples,FL 34105) Equipment&FacilityFlorida Culinary Accelerator @a Immokalee) 0 Total County Funding 600,000 3 11.D.4 Packet Pg. 374 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) Exhibit 132 Economic Incubators Inc. FY 2019 Compensation Budget Fiscal Year Ending September 30,2019 I Annual Amounts'and Increases Current Salary Annual pas v Primary Hire Salary Increase Salary e- t - r _- ',% 4' ` Location Data FY 2018 FY2019 FY 2019 President/CEO(Vacant) Naples TBD 2.0% Ciref Operating Officer Naples 6/1/16 92,61.0 2.0% 94,462 Business Specialist Naples 10/1/15 41,160 2.0% 41,983 i Total Naples 133,770 236,445 Culinary Business Development Manager Immolcalee 2/1/18 63,889 1.5% 64,733 I Culinary Program Manager Immokalee 2/1/18 78,000 1.3% 79,030 1 Facilities Maintenance Specialist Immokalee 3/1/18 40,000 1.2% 40,467 Total immokalee 181,889 184,230 Grand Total 315,659 320,675 Naples 33,443 34,111 Immokalee 45,472 46,058 Total 78,915 80,169 TOW!.rortiPanrWili. Naples 167,213 170.556 immaicalee 227,361 230,288 Total Compensation 394,574 400,844 To LOpmPansationAfter , I : ' a.? Naples 167,21.3 164,683 Immolcalee 227,361 230,288 Total Compensation 394,574 394,971 I (1)Prorated based on hire date to 9/30/18. 7 11.D.4 Packet Pg. 375 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) Exhibit B3.1 Naples Accelerator Revenue Assumptions FY 2019 Budget Naples Accelerator Co-Working Space Rentable Units 25 Potential Revenue Year/Month 37,500 Occupancy Rate 50.0% Total Gross Revenue 18,756 Rent Promotion Discount 0.0% Total Co-Working Space,Net r,¢6<£ Dedicated Desk Rentable Units 6 Potential Revenue Year/Month 18,000 Occupancy Rate 40.0% Total Gross Revenue 7,200 Rent Promotion Discount 0.0% Total Co-Working Space,Net SA Half Office Rentable Units 20 Potential Revenue Year/Month 144,000 Occupancy Rate 40.0% Total Gross Revenue 57,600 Rent Promotion Discount 0.0% Total Half Office, Net Full Office Rentable Units 6 Potential Revenue Year/Month 66,600 Occupancy Rate 40.0% Total Gross Revenue 26,640 Rent Promotion Discount 0.0% Total Full Office, Net Double Office Rentable Units 2 Potential Revenue Year 42,000 Occupancy Rate 50.0% Total Gross Revenue 21,000 Rent Promotion Discount 0.0% Total Double Office,Net e Net Revenue Co-Working Space 18,756 Virtual&Reserved 7,200 Half Office 57,600 Full Office 25,640 Double Office 21,000 Total Net Revenue 11.D.4 Packet Pg. 376 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) Exhibit B3.2 Immokalee Accelerator Revenue Assumptions FY 2019 Budget Total Immokalee Stations: 4 Hours Per Day 8 Work Days Per Month/Year 255 Total Potential Billable Hours 3,392 Starting Hourly Rate 25.00 Price increase 0.0% Hourly Rate 25.00 Potential Revenue Month/Year 204,000 Occupancy Rate 24.6% Total Stations i30 Storage Rental income: Storage Units 5 Starting Monthly Rental 40.00 Price Increase 0.0% Monthly Rate 40.00 Potential Revenue Month/Year 2,400 Occupancy Rate 31.7% Total Cold Storage 3 Cold Storage Rental Income: Storage Units 8 Starting Monthly Rental 220.00 Price Increase 0.0% Monthly Rate 220.00 Potential Revenue Month/Year 20,960 Occupancy Rate 30.0% Total Cold Storage University of Florida Food Lab: Number Studies 24 Price Per Study 150 Total Revenue 3 SQO'i Total Immokalee Revenue Printed 8/24/18 7:47 AM Page 1/1 w, 11.D.4 Packet Pg. 377 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) ii EXHIBIT C PERFORMANCE REPORT ORGANIZATION: Economic Incubators,Inc. PROJECT: Naples Accelerator&Florida Culinary Accelerator @ Immokalee REPORT PERIOD THROUGH 1. ACCOMPLISHMENTS: Deliverables and Supporting Documentation Deliverable 1:Maintain staff which shall be comprised of a Chief Operating Officer,Business Specialist, Culinary Program Manager, Culinary Business Development Manager, and Facility Maintenance Specialist,based on the FYI9 Compensation detail model included with this Agreement. Progress and completion of this deliverable will be evidenced by providing the COUNTY with a Request for Payment Form, and Payment Record,Exhibit C,Exhibit D which includes payroll reports and bank transaction report. Deliverable 2: Administer the Project as evidenced by generating and providing the COUNTY with a cover letter prepared monthly by Ell's bookkeeper that identifies overall positive and negative financial conditions. Ell's bookkeeper also will provide accurate monthly financial statements, including a monthly and year-to-date Statement of Activity, monthly Statement of Financial Position, General Ledger (GL), Statement of Cash Flows, aging reports for Accounts Receivable (AR), Accounts Payable (AP), and bank statements. Monthly & Quarterly financials are to be submitted by the 30th of the following month. Deliverable 3: Demonstrate utilization of accelerator program assets as evidenced by providing executed Participant User Agreements (PUAs) quarterly. The Naples Accelerator shall meet the budgeted revenue targets as identified in Exhibit B. In addition to the monthly report required by Deliverable 4, a quarterly report of progress toward meeting the annual revenue target shall be submitted to the COUNTY. Deliverable 4: Monitor and report progress towards meeting revenue goals as evidenced by providing a report that compares estimated revenues with actuals and an updated annual projection by the 30th of the following month. Deliverable 5: Prepare and submit an updated draft business plan for the Accelerator Project. A draft for review and comment will be provided to Fiscal Agent by December 31 , 2018, with the final updated business plan to be submitted no later than one week before the Board's second meeting of January, 2019. cam 11.D.4 Packet Pg. 378 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) Deliverable 6: Timely submit IRS Form 990 Return of Organization Exempt from Income Tax to the IRS with a copy to the COUNTY within one week of filing with the IRS. Deliverable 7: Provide a quarterly report of accomplishments to the COUNTY with an biannual report prepared for the BCC and an annual accomplishment report in compliance with Section 123.045(4), F.S. to COUNTY on an annual basis within forty-five (45) days of the end of the term of this agreement Deliverable 8: Ell shall provide the COUNTY with its FY 2019 fundraising plan, by March 1,2019,which contemplates achievement of the budgeted annual private contributions. Deliverable 9: Maintain a search-engine optimized website which identifies the relationship with the COUNTY created by this agreement, and monitor analytic reports on its usage, as evidenced by the submission of quarterly analytic reports. 11.PROBLEMS ENCOUNTERED: 11.D.4 Packet Pg. 379 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) EXHIBIT D (Sample) PAYMENT RECORD CHART FOR Ell AGREEMENT Budget Approved Current Amounts Reimbursement YTD Remaining Categories Budget Request Requested Submission Request Balance but not Date reimbursed e°I 11.D.4 Packet Pg. 380 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) EXHIBIT E INSURANCE REQUIREMENTS Ell's Liability Insurance: Ell shall procure and maintain in force such insurance as will protect it from claims under Workers' Compensation laws,disability benefit laws,or other similar employee benefit laws from claims for damages because of bodily injury,occupational sickness or disease,or death of its employees,including claims insured by usual personal injury liability coverage;claims for damages because of bodily injury,sickness or disease, or death of any person other than its employees including claims insured by usual personal injury liability coverage; and claims for injury to or destruction of tangible property, including loss of use resulting therefrom,any or all of which may arise out of or result from Ell's operations under the Agreement,whether such operations be by Ell or by any subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable.This insurance shall be written for not less than any limits of liability specified in the Agreement or required by law,whichever is greater,and shall include contractual liability insurance. Ell will file with COUNTY a certificate of such insurance, acceptable to the COUNTY. These certificates shall contain a provision for cancellation as found in Paragraph 5 of Section B immediately below. Insurance Required: A. General Ell shall procure and maintain insurance of the types and to the limits specified in paragraphs B(l) through (4) below. All insurance policies under this Agreement shall include the COUNTY, its officers and employees as an additional insured. Ell's coverage shall be primary to the County's policy.All policies shall provide for separation of insured's interests,such that the insurance afforded applies separately to each insured against whom a claim is made or a suit is brought. B. Coverage Ell shall procure and maintain in force during the life of this Agreement the following types of insurance coverages written on standard forms and placed with insurance carriers approved by the Insurance Department of the State of Florida.The amounts and type of insurance shall conform to the following requirements: 1.Workers'Compensation-Ell shall procure and shall maintain during the life of this Agreement the appropriate types of Workers'Compensation Insurance for all its employees engaged in work under this Agreement, in accordance with Section 440,Florida Statutes.If any class of employee engaged in hazardous work under this Agreement is not protected under the Workers'Compensation statute, Ell shall provide employer's liability insurance for all said employees. 1 11.D.4 Packet Pg. 381 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) EXHIBIT E(CONTINUED) Employer's Liability Limit each accident Not Applicable(N/A) Limit disease aggregate N/A Limit disease each employee N/A 2.Commercial General Liability- Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy filed by the Insurance Service office,with limits of not less than those listed below,and must include: General Aggregate/Bodily Injury/Property Damage $1, Products and completed operations N/A Personal and advertising injury N/A Each occurrence 1,000,000 Fire damage(any one fire) N/A 3.Business Automobile Liabili ty- If Ell owns an automobile, coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy filed by the Insurance Service office,with limits not less than those listed below,and must include: Business Auto,hired and non-owned vehicles$500,000. 4.Professional Liability: $N/A per claim 5.Certificate of Insurance and Copies of Policies-Certificates of Insurance will be furnished by Ell that evidence the insurance coverage specified in the previous paragraphs B(1)through(4)inclusive, and upon request of the COUNTY, certified copies of the policies required shall be filed with the Insurance Claims and Management Department of the COUNTY. The required Certificates of Insurance not only shall list additional insured described above,for the operations of Ell under this Agreement (excluding the Workers' Compensation and professional liability policies), but shall name the types of policies provided and shall refer specifically to this Agreement. If the initial insurance expires prior to the expiration of this Agreement,renewal Certificates of Insurance shall be furnished thirty(30)days prior to the date of their expiration. Cancellation - Should any of the above-described policies be canceled or not renewed before the stated expiration date thereof,insurer will not cancel same until up to thirty(30)days after prior written notice has been given to the below-named certificate holder. This prior notice provision is a part of each of the above described policies. 0 11.D.4 Packet Pg. 382 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) 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)1 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 including the candidate's/employee's job-related qualifications and abilities. Seniority may be considered as a factor given 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. 11.D.4 Packet Pg. 383 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) 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. 0 11.D.4 Packet Pg. 384 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) EXHIBIT G ROLE AND RESPONSIBILITIES OF ADMINISTRATIVE ENTITY The following are delineated for purposes of aligning the respective roles and responsibilities of the parties. Under no circumstances will these items be considered part of the Scope of Services or Deliverables as prerequisites for reimbursement, however, the Fiscal Agent is authorized to seek BCC approval of an adjustment to Ell's budget or responsibilities should Ell fail to fulfill its role and complete the responsibilities delineated below: Ell staff shall perform quarterly reviews of Accelerator Project participant job creation or capital expenditure or venture investment plans. Ell shall require attestations and supporting documentation showing job creation and capital expenditure or venture investment by participants. The COUNTY will provide the form of attestation and list of acceptable supporting documentation.Providing attestations and supporting documentation will be required for participants in the Accelerator Project and advised of this requirement before approval to participate in the Accelerator Project. Ell shall have the following responsibilities related to attestations and supporting documentation: 1)insure that participant's agreements clearly articulate the participant's duties to provide job-creation and investment data, attestations and supporting documents; 2) in coordination with the COUNTY, meet quarterly with participants to gather job-creation or capital expenditure or venture investment plans,attestations and supporting documentation; 3)timely submit a quarterly report, attestations and supporting documentation on a form provided by the COUNTY(sample attached). Ell shall achieve and maintain tax-exempt status as a Florida not-for-profit and IRS 501(cX3). Ell will maintain good standing with the Florida Secretary of State and corporate formalities under Florida law. The Board of Directors of Ell(serving as the Administrative Entity)shall exercise executive oversight over the Project. Ell, as the Administrative Entity, would provide all required administrative support and management functions collaboratively with the staff,who would generally be responsible for: managing operations; implementation of the Business Plan; providing Project services; and maintaining compliance with grant requirements. Ell shall account for the business income from the Florida Culinary Accelerator@ Immokalee. Equipment for the Florida Culinary Accelerator @ Immokalee was funded by a USDA grant. Ell will retain a percentage of business income,set aside for equipment maintenance,generated from the Florida Culinary Accelerator@ Immokalee and the set aside for equipment maintenance,shall be remitted monthly to Fiscal Agent,consistent with the USDA grant requirements for equipment maintenance.The assets purchased by the USDA grant shall be used for the RBDG's stated purposes only. Upon request by the County Manager or his designee,Ell's accountant shall provide a quarterly report of actual-to-budget that identifies budget variances exceeding 10 percent,and their contributing factors. Ell will maintain an inventory of capital and non-capital equipment and will provide the inventory when requested by the County Manager or his designee. 11.D.4 Packet Pg. 385 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) EXHIBIT H ROLE AND RESPONSIBILITIES OF THE FISCAL AGENT The COUNTY, as a public entity,has responsibilities for funds received by it from State or Federal sources and for funds dedicated by the COUNTY for economic development. The Fiscal Agent shall provide the oversight and policy direction for the Project. The Fiscal Agent shall have final oversight and approval of the Project budget, wherein budgetary advice was provided by the Administrative Entity based on EII's proposed budget. In the event that the Administrative Entity commits resources or enters into a contract and the Administrative Entity' s proposed budget or the approved budget has that line item removed or reduced,then the Fiscal Agent shall give at least thirty (30) days' written notice of said action to prevent a negative fiscal event for the Administrative Entity. Should a negative fiscal event be created by a line item removal or reduction in the budget,the Fiscal Agent agrees to be responsible for the negative fiscal impact or reimburse the Administrative Agent for the negative fiscal event. The Fiscal Agent shall propound the audit requirements for the Agreement. 0 11.D.4 Packet Pg. 386 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) SAMPLE Collier County Board of Commissioners Department of Economic Development COLLIER COUNTY SOFT LANDING ACCELERATOR Progress Report: Contract No.:SL007 Contract Term: July 1,2014—June 30, 2019 Reporting Requirements: This report is submitted in accordance with the terms and conditions of the SLOO7 State of Florida Department of Economic Opportunity Grant Agreement,as detailed in Attachment 1(2)(f)of the agreement. Project Description:(Full description found within Attachment 1.1 Scope of Work) This project is for the establishment of a soft-landing Accelerator Network,initially consisting of two Collier County Accelerators one located in Western Collier County,that will provide expertise to assist burgeoning International and domestic businesses with budgeting,business plan development,formulation of marketing plans and strategies,venture funding,and distribution logistics;and an agribusiness-focused,culinary food accelerator located in Eastern Collier County equipped with commercial kitchen equipment,food-product development and testing equipment,cold food storage,and loading docks, meeting all FDA,USDA and state applicable requirements). Positive Return of Benefits:(Full description found within Attachment 1.2.g) The return on benefits has been met and progress continues,with the contract term ending June 30, 2019. Item Item Progress for the Period: i. The number and types of companies recruited to Florida that have created high-value employment opportunities Ii. The amount of foreign-direct investment generated by the project; Ill. The amount and types of export opportunities realized by Florida companies iv. The number of entrepreneurs who stay in the region and build their own businesses as a direct result of accelerator activities v. Progress made toward completion of the return of benefits described in The return on benefits has been met and progress continues,with the Exhibit A to this Scope of Work. contract term ending June 30,2019. Lfr 11.D.4 Packet Pg. 387 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) i I STATE OF FLORIDA ) REPORTING PERIOD: COUNTY OF COLLIER ) ATTESTATION Accelerator participant name(full registered business name): I,the undersigned,being first duly sworn,do hereby state that the following facts are true: 1. I am over the age of 18. 2. I have personal knowledge of the facts herein. 3. Capital Expenditures. O There have been no changes since the last reporting period. To the best of my knowledge,information and belief,my business had$ in capital expenditures for this period. This amount is represented on the documents listed below,which I have attached.A purchase qualifies as a capital expenditure if it has all of the following: a)the participant/accelerator affiliate entity owns or controls the asset,which has a measurable future economic value;b)the asset has an estimated useful life of greater than 12 months;c)the asset is not used for resale directly to participant/accelerator affiliated entity's customers;and d)the asset is not purchased for inventory to be used in production of the participant/accelerator affiliated entity's products.This amount is represented on Form 4562 and the balance sheet. IRS Form 4562 and balance sheet attached. 4. Venture Investment. There have been no changes since the last reporting period. To the best of my knowledge, information and belief,my business had$ in venture investment for this period. This amount is represented on the documents listed below,which I have attached: Subscription agreements that represent venture investment.Provide the cover page,showing amounts and parties of an agreement,with the signature page(other pages are not necessary);and Canceled checks or proof of wire transfer for funds received(account numbers redacted/blacked out);and Bank account statements(account numbers redacted/blacked out). 5. Jobs. O There have been no changes since the last reporting period. To the best of my knowledge,information and belief,my business created or maintained Florida-based job(s),including my own,at ANY time for this period.I have attached a list of individuals and their dates of service/work. These jobs and job-year equivalents can be identified on the attached documents: FL UCT 6 Form(redact/black out Social Security numbers and amounts,but NOT the employer's EIN or employer's name);or Form 1099, Miscellaneous Income & Independent Contractors, if you use independent contractors(redact/black out Social Security numbers and amounts,but NOT the employer's EIN or employer's name);or Schedule K-1, Partner's Share of Income, Deductions, Credits, etc., (redact/black out Social Security numbers and amounts,but NOT the employer's EIN or employer's name). 11.D.4 Packet Pg. 388 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program) ice - elm Joint-Venture agreements that identify Florida-based jobs arising from joint-`_ --•+_ T" the agreement needs to be provided to identify the parties involved and the number of jobs). 84 - 6.Foreign-Direct Investment. 0 There have been no changes since the last reporting period. To the best of my knowledge,information and belief,my business took advantage of instances of foreign-direct investment totaling$ for this period.Please provide documents to substantiate this. 7.Export Opportunities. 0 There have been no changes since the last reporting period. To the best of my knowledge, information and belief, my business took advantage of export opportunities totaling$ for this period. Please provide documents to substantiate this. The undersigned certifies the information provided in this attestation are true to the best of my knowledge. Dated: Company principal Sworn to or affirmed and signed before me on 2018,by who is known to me,or produced a Florida Driver's License as identification. Notary Public Printed Name: My Commission Expires: Commission# I,Jennifer Pellechio,COO of the Naples Accelerator,certify the information provided herein involving job creation to the best of my knowledge. Date: Sworn to or affirmed and signed before me on 2018, by Jennifer Pellechio, who is known to me, or produced a Florida Driver's License as identification. Notary Public Printed Name: My Commission Expires: Commission# Aa 11.D.4 Packet Pg. 389 Attachment: FY 19 EII Contract (8672 : Collier Accelerator Program)